EFTA00233329

:%W OFFICE • Olier,leittea/di • A N I) ASSOCIATES July 3, 2008 VIA CERTIFIED MAIL United States Attorney's Office RETURN RECEIPT REQUESTED 7007 2680 0002 5519 8503 Dear As you are aware, we represent several of the young girls that were victimized and abused by Jeffrey Epstein. While we are aware of his recent guilty plea and conviction in his State Court case, the sentence imposed in that case is grossly inadequate for a sexual predator of this magnitude. The information and evidence that has come to our attention in this matter leads to a grave concern that justice will not be served in this cause if Mr. Epstein is not aggressively prosecuted and appropriately punished. Based on our investigation and knowledge of this case, it is apparent that he has sexually abused more than 100 underage girls, and the evidence against him is overwhelmingly strong. As former Assistant State Attorneys with seven years' prosecution experience, we believe that the evidence against Mr. Epstein is both credible and deep and that he may be the most dangerous sexual predator of children that our country has ever seen. The evidence suggests that for at least 4 years he was sexually abusing as many as three to four girls a day. It is inevitable that if he is not confined to prison, he will continue to manipulate and sexually abuse children and destroy more lives. He is a sexual addict that focused all of his free time on sexually abusing children, and he uses his extraordinary wealth and power to lure in poor, underprivileged little girls and then also uses his wealth to shield himself from prosecution and liability. We are very concerned for the health and welfare of the girls he has already victimized, and concerned that if justice is not properly served now and he is not imprisoned for a very long time, he will get a free pass to sexually abuse children in the future. Future abuse and victimization is obvious to anyone who really reviews the evidence in this case, and future sexual abuse of minors is inevitable unless he is prosecuted, tried and appropriately sentenced. Money and power should not allow a man to make his own laws, and he has clearly received preferential treatment at every step up to this point. If he were a man of average wealth or the abused girls were from middle or upper class families, then this man would spend the rest of his life in prison. In a country of true, blind justice, those distinctions are irrelevant, and we really hope he does not prove the point that a man can commit heinous crimes against children and buy his way out of it. If the Department of Justice's recent commitment to the protection of our children from child molesters is to be more than rhetoric, then this is the time and the case where the Department must step forward. We urge the Attorney General and our United States BEOBRADEDWARDSLAW.COM EFTA00233329 United States Attorney's Office Page Two Attorney to consider the fundamental import of the vigorous enforcement of our Federal laws. We urge you to move forward with the traditional indictments and criminal prosecution commensurate with the crimes Mr. Epstein has committed, and we further urge you to take the steps necessary to protect our children from this very dangerous sexual perpetrator. We will help you to do this in any way possible to ensure that true Justice is served in this case. Sincerely, Brad Edwards, Esquire Jay Howell, Esquire 2028 HARRISON STREET,SUITE 202, HOLLYWOOD, FLORIDA 33020 OFFICE: 954-414-8033/305-935-2011 FAX: 954-924-1530/305-935-4227 BEOBRADEDWARDSLAW.COM EFTA00233330 LAW OFFICE • Ofikeaceigh • AND ASSOCIATES October 15, 2008 United States Attorney's Office 99 N.E. 4th Street Miami, Florida 33132 Re: Jane Doe # and Jane Doe #2'. United States of America Case No.: 08-80736-CIV-MARRA/JOHNSON Dear Mr I am writing to inquire about whether Mr. Epstein has violated his Non-Prosecution Agreement with the Government. As you know, the Government has repeatedly described the Non-Prosecution Agreement as guaranteeing to the victims of Epstein's sexual abuse at least $150,000 in civil damages. The Government has made these representations in reliance on a current provision in the U.S. Code — 18 U.S.C. § 2255(a) — which provides for an automatic amount of damages of at least $150,000. At the time that the Non-Prosecution Agreement was drafted and signed, that was the law that was in effect. In Epstein's latest filing in federal court, however, he takes the position that the pre-2006 Amendments version of the law applies. See Defendant Epstein's Motion to Dismiss, for Moir Definite Statement and To Strike Directed to Plaintiff Jane Doe's Complaint at 9, Jane Doe Jeffrey Epstein, No. 08-CIV-80893-Marra/Johnson (discussing § 2255 and stating that the "applicable version of the statute" is "pre-2006 Amendments"). The 2006 Amendments altered § 2255(a), by increasing the presumed minimum damages from $50,000 to $150,000. See Pub. L. 109-248, Title VII, § 707(b), (c), July 27, 2006, 120 Stat. 650. In light of Epstein's latest filing, I write to ask several questions: (1) Would you stipulate that you told me several times that Epstein had agreed to pay at least $150,000 to the identified victims of his abuse? (2) Did Epstein in fact agree to pay damages to the identified victims of his abuse at least $150,000? (3) Did the Government tell victims, either directly or through counsel, that Epstein had agreed to pay his victims at least $150,000? BEG B RAD EDWARDS LAW.COM EFTA00233331 EFTA00233332 Sent: Thl trreInt• hints 10 00(10 A -AA Du To: Cc: vu, Hahn 1v. t 1 LO) Subject: Epstein Case Dear I just wanted to let you know that Karen and I spoke with Roy Black yesterday regarding the Epstein case Roy asked whether there was a way to resolve the federal and state litigation simultaneously and mentioned your desire to wrap up the case before you retired. We informed him that the Office's position is that if Epstein promptly abides by the terms of the signed non-prosecution agreement entered into by the Office and Mr. Epstein, we will end our investigation. If Mr. Epstein chooses to go forward with a different plea in the State, that is his prerogative, but we will consider it a breach of the federal non-prosecution agreement and will proceed accordingly. The federal non-prosecution agreement signed by Mr. Epstein and his counsel requires Mr. Epstein to plead guilty to the current state indictment and also to an information charging a state offense that requires sex offender registration, specifically the charge of procuring minors to engage in prostitution, at least 18 months imprisonment, and an agreement that the victims can pursue damages claims as though Mr. Epstein had been convicted of the federal offenses. Our agreement does not address probationary periods following the term of incarceration. Those are statutorily set on the federal side, so we have left that issue to the defense to negotiate with you. If you have any questions, please let me know. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 ( 1 ) LA-pka.:k. O fctrAroo Tracking: EFTA00233333 Recipient Road Road: 6/19/2008 4:48 PM Read. 6/19/2008 4:47 PM 2 EFTA00233334 PEAL OF THE STATE OF FLORIDA IN THE DISTRICT COURT OF AP BEACH, FL 33401 ACH LAKES BLVD., WEST PALM FOURTH DISTRICT, 1525 PALM BE September 2, 2009 CASE NO.: 4D09-2554 L.T. No. : 20098CF009381A JEFFREY EPSTEIN 1. STATE OF FLORIDA, ET AL. Appellee I Respondent(s). Appellant / Petitioner(s), BY ORDER OF THE COURT: filed July 13, 2009, to file portion of ORDERED that appellee E.W.'s motion ed to be moot; further, response under seal is hereby determin ion filed July 14, 2009, to file one reply ORDERED that appellant's agreed mot - ing peti ton for writ of cert iora ri and for the time to run from service of the last support filed response is hereby granted; further, August 5, 2009, to supplement the ORDERED that appellee B.B.'s motion filed record is hereby granted; further, DER ED that app elle e E.W .'s mot ion filed July 27, 2009, for attorney's fees and OR costs is hereby denied; further, filed July 23, 2009, for attorneys' fees and ORDERED that appellee B.B.'s motion costs is hereby denied; further, Newspapers, Inc. d/b/a The Palm Beach ORDERED that appellee Palm Beach rneys' fees and costs is hereby denied. Post's motion filed July 21, 2009, for atto r. g is a true copy of the original court orde I HEREBY CERTIFY that the foregoin Served: Jane Kreusler•Walsh Jack A. Goldberger Barbara J. Compiani Diana Martin Robert D. Critton, Jr. Deanna K. Shullman U.S. Attorney'S Office Spencer T. Kuvin Witham J. Berger Rebecca Mercier Vargas State Attomey.P.B. Bradley J. Edwards James B. Lake R. Alexander Acosta Michael J. Pike Jeffrey H. Sloman Hon. Jeffrey J. Colbath Ic EFTA00233335 APPEAL OF THE STATE OF FLORIDA DISTRICT COURT OF URTH DISTRICT FO July Term 2009 N, JEFFREY EPSTEI Appellant, 1. d IDA, E.W. B.B. an STATE OF FLOR /a THE PA LM BEACH POST, R S, IN C ., d /b SPAPE PALM BEACH NEW Appellees. No. 4D09-2554 09j (September 2, 20 PER CURIAM. peal and ion for writ of ce rtiorari as a full ap We trea t petitioner's petit affirm. LEVINE, JJ., concur. HAZOURI, DAMOORGIAN and t, Palm rt fo r th e Fi fte en th Judicial Circui . Appeal from the C ircuit Cou th , Ju dg e; L.T. Case Nos ba Jeffrey J. Col Beach County; B & 50 2008CF009381AX XMB. 4A X X M 502006CF00945 sh, ra J. C om pi an i of Kreusler-Wal alsh and Barba Burman, Critton, Littler & Jane Kreusler-W er t D . C ri tto n of , P.A., s, P.A., Rob oldberger 8s Weiss Compiani 8s Varga r of A tte rb ur y, G A. Goldberge Coleman, and Jack for appellant. West Palm Beach, icero & K . Sh ul lm an of Thomas, LoC and Deanna spapers, Inc., James B. Lake da le , fo r ap pe lle e Palm Beach New Lauder Bralow, PL, Fort B each Post. d/b/a The Palm uderdale, for ot hs te in R os en fe ldt Adler, Fort La r of R William J. Berge appellee E.W. , P.A., Palm en ce r T. K uv in of Leopold-Kuvin and Sp Diana L. Martin fo r appellee B.B. Beach Gardens, EFTA00233336 earing. of timely filed motion for reh Not final until disposition 2 EFTA00233337 A - Swaramearas •freA FUL N BELITTENMUU_ER, Clerk Fourth District Court of Appeal EFTA00233338 THE PALM BEACH POST • FRIDAY, SEPTEMBER 4.2009 Appeals court backs unsealing of Epstein's '07 deal with feds By SUSAN SPENCER-WENDEL ey manager of billionaires have fought vigorously Palm Brack Post Staff Miler WEST PALM BEACH — against the agreement's An appeals court has release. They have 15 affirmed a lower court days to request a rehear- ruling unsealing the con- ing with the 4th District fidential deal Jeffrey Ep- Court of Appeal. Epstein stein struck with federal Absent that, it will be- Attorneys prosecutors to avoid being come public. for the charged by them. Epstein's local criminal Palm Beach The 4th District Court defense attorney Jack money of Appeal this week up- Goldberger did not return manager held Circuit Judge Jeffrey a call seeking comment. have 15 Colbath's earlier decision Epstein's own attorneys, days to seek to unseal the agreement. in federal filings, have a rehearing. Attorneys for the mon- See EPSTEIN, 66 ► Civil litigation intensifies, deposition ends abruptly ► EPSTEIN from 1B An attorney's questioning referred to his confiden- tial deferred prosecution of Epstein becomes personal. agreement with the US. Attorney's Office, struck in September 2007, as "un- precedented" and "highly Donald 'frump and Prince who represents an alleged unusual." Andrew. "International victim identified only as Attorneys for The Palm Moneyman of Mystery," "B.B.", Kuvin questioned Beach Past as well as al- declared a 2002 New York Epstein about the shape leged victims of Epstein's magazine profile of Ep- of his genitalia and the sexual advances sought to stein. deposition abruptly ended, have the deal unsealed in He pleaded guilty in according to a transcript. state court. 2008 to procuring teens Kuvin has since made Colbath found that the for prostitution and was a motion in court to be proper.sealing procedures sentenced to 18 months able to inspect Epstein's had not been followed by in jail, but allowed out ex- genitalia. an earlier judge. tensively for work release. Kuvin said Thursday he "There is nothing more Epstein was released in seeks to corroborate a de- fundamentally important late July, after serving '13 scription one woman gave than for the public and months of the sentence. Palm Beach police. press to observe how the He now faces civil Because Epstein is in- government is doing its lawsuits filed by young voking his right to remain job," Post attorney Deanna women allegedly lured to silent in depositions, this Shullman has said. "There his Palm Beach home and is the only way to do it, is great public interest paid to perform massages Kuvin said. in how everybody in this and other acts. 'We want to corroborate case is doing their job." That civil litigation is. what those girls saw,' According to various intensifying. Kuvin said. media accounts, Epstein This week, while Ep- moved in circles that in- stein was being deposed O susan_spencer wendel@ cluded President Clinton, by attorney Spencer Kuvin, pbpost.com 4 EFTA00233339 NTH URT OF THE FIFTEE IN THE CIRCUIT CO AND FOR PALM BEACH IN JUDICIAL CIRCUIT, COUNTY, FLORI DA 009381A CASE NO. 2008CF STATE OF FLORIDA vs. , JEFFREY EPSTEIN Defendant. AGREED ORDER rties, Jack he ar d up on th e agreement of the pa to be This cause came on the State of d -r e p re s e n ti ng g Jeffrey Epstein an Goldberger representin the plea vis ed th at th e pa rti es have reviewed both t being fully ad Florida, and the Cour ve nf er en ce in th e De fendants case and ha co transcript of the plea agreement and the ndition of an da to ry pu bl ic se rvice" as a special co quirement of "m confirmed that the re l ac in g th e De fe nd an t on Community Contro ked off on the Order Pl community control chec e special y, it is he re by or de re d and adjudged that th ror. Accordingl was due to a clerical er ted. itio n of "m an da to ry public service" is dele cond mmunity th at th e O rd er Pl ac ing the Defendant on Co advised The Court being further orida for work or fe nd an t's tra ve l ou tside the State of Fl ess the De Control did not addr d and e to cla rif y th at om iss ion, it is hereby ordere d the parties desir business purposes an a for business th or ize d to tra ve l ou tside the State of Florid fendant is au adjudged that the De before m un ity co nt ro l of fic er. At least 48 hours allowed by his com and work purposes if ant shall first e of Fl or id a fo r wo rk purposes the Defend ide the Stat the need to travel outs ns or nt ro l of fic er an d th en follow any instructio of his community co obtain the permission EFTA00233340 ol officer. requirements imposed on him by his community contr h County, Florida on this DONE AND ORDERED in West Palm Beach, Palm Beac day of September, 2009. JEFFREY COLBATH Circuit Court Judge Copies: Jack A. Goldberger, Esquire ASA Department of Corrections EFTA00233341 H TH E CI RC UI T CO URT OF THE FIFTEENT IN H AND FOR PALM BEAC JUDICIAL CIRCUIT, IN COUNTY, FLORIDA "W" CRIMINAL DIVISION 00938IAXXMB CASE NO. 502008CF B 502006CF009454AXXM STATE OF FLORIDA, vs. JEFFREY EPSTEIN, Defendant G DOCU MENTS UNDER SEAL ORDER RELEASIN urt of urt as a result of the Fourth District Co THIS MATTER came before the Co it is an ce of th e tri al co urt's order, wherefore affirm Appeal's per curiam to as AD JU DG ED th at th e documents referred ORDERED AND July 2, 2008, en t" file d un de r seal in the court file on n Agreem A. "Non-Prosecutio io n Ag re em en t" fil ed under seal in the court the Non-Prosecut B. "The Addendum to 08, filed on August 25, 20 shall be released. of ement nor the Adde ndum contain the names The Court notes that neither the Agre this leased contemporaneously with ve ni le vic tim s. Th ese documents will be re any alleged ju order. is ach County, Florida th t Palm Beach, Palm Be DONE AND ORDERED in Wes 09 . day of September, 20 JEFFREY COLBATH Circuit urt Judge Copies furnished: - Southern District S. Attorney's Office R. Alexander Acosta, U. Su ite 40 0 Avenue, 500 South Australian lm Be ath , FL 33401 West Pa EFTA00233342 Page Two 0094S4AXXMB 9381AXXMB/502006CF Case No. S02008CF00 nts Under Seal Order Releasing Docume e ., State Attorney's Offic William J. Berger, Esq. q. Bradley J. Edwards, Es se n( eld t Adler Rothstein Ro q. Robert O. Critton, Es Critton, tu rn er & Coleman q. Jack A. Goldberger, Es oldber er & Weiss, P.A. q. Spencer T. Kuvin, Es Id-Kuvin, P.A. -sq. Deanna K. Shullman, EFTA00233343 P. 006/0'd 10:06 A111-30-Z008(408) I • IN RE: INVESTIGATION OF JEFFREY EPSTEIN N AGEEE8tENT NOIN:PROSECIPTIO te e Department and the Sta G tha t the Ci ty of Palm Beach Polic Co un ty (he rei na fte r, IT APPEARIN Ci rcu it in an d for Patrn Belch the 15th Ju dic ial uct of Je y ffr Attorney's Office for ve co nd uc ted an inv estigation into the cond Office") ha the "State Attorney's Epstein (herei na fte r "E pstein"); Epstein by indictmem t the St ate At tor ne y's Office has charged ITAPPEARING tha 7; rida Statutes Section 796.0 lic ita tio n of pr os tit ution, in violation of Flo with so Bureau of d St att z At tor ne y's Office and the Federal IT APPEARING that the Un ite round and any n inv est iga tion into Epstein's teckg ucted the ir ow d States from in or Investigation have cond co mm itt ed by Ep stein against the Unite have been offenses thut may ar ou nd September 2007, including: thr ou gh in or around 2001 to known and unknown i ly an d wi llf ull y conspiring with others e a fac ilit y or me an s (1) knowing the Un ite d St ates, that is, to us commit an offense ag ain st uce, or en e tic gn co mm erc e to knowingly persuade, ind ited States of interstate or forei violation of Title 18, Un gage in prostitution, in States Code, Section minor females to en in violation of Title18,United 24 22 (b ); all Code, Section 371; known to travel co ns pir ing wi th others known and un as ly and wilfu lly illicit sexual conduct, (2) knowing e commerce for the purpose of engaging in Ti tle 18 , in interstat s, in violation of § 24 23 (f) , with minor female , ite d Sta tes defined in 18 in violation of Title 18 Ur , Section 2423(b); all United States Code (e); Code, Section 2423 knowingly s of int ers tat e or foreign commerce to a facility or me an tution; in (3) using en tic e mi no r fem ales to engage in prosti persuade, induce, or ited States Code, Sections 2422(b) and 2; R, Un violation of Title I gaging in illicit sexual co mm erc e for the purpose of en (4) traveling in int ers tat e ales; in violation ed in 18 § 2423(1), with minor fem conduct, as de fin Page 1 of 7 EFTA00233344 P. 007/0I4 I Or 06 1061 30-2008(014) ; and tes Code, Section 2423(b) of Title 18, United Sta erce, retaining. in an d aff ec tin g int erstate and foreign comm the person bad (5) lemwi ngly, n, knowing that g by any means a perso a enticing, and obtainin years and wo uld be caused to engage in ed the ag e of 16 ; in vio lat ion of Ti tle not attain . §1591(c)(1) as defined in 18 U.S.C commercial sex act 91 (a) (1) and 2; and , Sections 15 IS, United States Code and federal criminal in see ks to res olve globally his state rr APPEARING tha t Ep ste ange for the benefits an d ac kn owledges that, in exch liability and Epstein un do-M in ds ing undertakingcertain nt, he ag ree s lo co mply with its terms, includ me provided by this agree wi th the St ate Attorney's Office; actions by d Epstein's background G, af ter an inv est igation of the offenses an ati on wi th the Sta te IT APPEARIN er due consult de ral law en for ce me nt agencies, raid aft ate of Flo rid a, an d the both Stare rind Fe United States, the St t the interests of the Attorney's Office, tha pro ce du re; ed by the following Defendant will be serv States Attorney for y of R. Alexander Acosta, United THEREFORE, on th e au tho rit r these offenses shall be Fl or ida , pro sec ution in this District fo abides by the the Southern District of by the Sta te of Flo rida, provided that Epstein ecution *below. deferred in favor of pros e requirements of this Agreement set forth nd itio ns an d th following co iable evidence, that, sh ou ld determine, based on rel If the United St ate s At tor ne y y of the conditions of this Ag ree me nt, Ep stein wi Wilily violated an 0) days following the during the period of the (9 ney may, within in'nety ree me nt, the n the United States Attor cu sse d be low , pro vid e Epstein with timely Ag nfi ne me nt dis of home co d shall initiate its expiration of the term the Ag ree me nt that he has violated, an ndition (s) of the violation. Any notice specifying the co six ty (6 0) days' of giving notice of prosecution on any of fense wi thi n ed within 60 days of the t to thi s pa ragraph shall be provid notice provided to Ep stein pu rsu an termination of a brtach of of fac ts wh ich ma y provide a basis for a de United States learning the Agreement. prosecution ms an d co nd itio ns of the Agreement, no After timely fulfilling all the ter enses that have 2 of thi s Ag reement, nor any other off on pages 1 an d igation and the for the offenses set out tio n by the Federal Bureau of Invest been the subject of the join t inv est iga m the Perim-al Grand Jwy r an y offenses that arose fro be United Stares Attorney's Of fic e, no ainst Epstein if any, will titute d in thi s Di str ict, and the charges ag investigation will be ins dismissed. Page 2 of 7 EFTA00233345 P. 008/Olt 10:06 JO-30-2008(MON) nt: Terms of the Agreeme indicanent as sh all ple ad gu ilt y (not nolo contendere) to the it in and for 1. Epstein Judicial Circu ainst him in the 15th currently pending ag -0 09 495AX/03M) charging Co un ty (Case No. 2006-cl Palm Be nc h , in violation of FL Salt § of so licitation of 'restitution on e (1 ) co un t ilty to an Information filed Epstein shall plead gu 796.07. In addition, fic e ch arg ing Epstein with an off ense that At tor ne y's Of itation of by the State a se x offender, that is, the solicesSection to reg ist er as requires him floads Statut stitution, in violation of minors to engage in pro 796.03; that the Court impose a ste in sh all ma ke a binding recommendation 2. Ep follows: ntence to be divided as thirty (30) month se of twelve (12) sh all be sen ten ced to consecutive terms Epste in arges, without (a) nths in county jail for all ch months and six (6) mo or tencing, and thho/dingadjudiention sen lieu of any opportunity for wi ol in or community contr without probation imprisonment; and ) months of sh all be sen ten ced to a twat of twelve (12 Epste in s in county jail (b) mm un ity co ntr ol co nsecutive to his two turn co 2(n), supra as described in Term the 15th Judicial Circuit ag ree m en t is co ntingent upon a Judge of n the State 3. Th is ex ec uti ng the sen ten ce agreed upon betwee accepting an d set forth in this 's Of fic e an d Ep ste in, the details of which arc Attorney agreement. supra, do not foreclose ine d in paragraphs 1 and 2, The ter m s co nta m agreeing to recommend 4. an d th e St ate Attorney's Office fro tion and/or Ep ste in l ch arg e(s ) or an y additional tenn(s) of proba any additiona incarceration. on filed by the State ive all ch allenges to the Informati Epstein sh all wa peal his conviction and 5. fic e an d shall waive the right to ap Atto rn ey 's Of at is set forth, in paraimiph nt en ce , ex ce pt a sentence that exceeds wh se (2), supra. copies of all all pr ov ide to the U.S. Attorney's Office 6. Epstein sh Page 3 of 7 EFTA00233346 P. 009/014 10:06 JUN-30-2008(M0N) • fice priorto entering os ed ag ree me nts wi ththe Stale Attorney's Of prop . into those agreements a list of St ate s sh all pr ov ide Epstein's attorneys wiinth18 U.S.C. The United as 4-fine d 7 s identified as victims, individuals whom it ha s signed this agreement and been sentenced. in ha § 2255, after Epste d States, in consultation of this agrecsnent,the Unite Up on th e ex ec uti on Epstein's counsel, shall th an d su bje ct to th e good faith approval of who shall be paid For wi ons, resentative forthesepers select an attomeyrep un sel ma y co nta ct th e identified individuals . Ep ste in 's co by Epstein entative. through that repres ) sups, elect to ivi du als ref erred to in paragraph. (7 If any of the ind ll not contest the 8. t to 18 U. S.C. § 2255, Epstein wi Me su it pu rsu an e Southern District ict ion of the Ut rit ed States District Court fortb dEpstein waives jurisd tter ,an n and/or the subject ma *Merida over hisperso and also waives hi-slight to contest damages ility bisrightto contemliab d to be tween the identified ind ptocced ividual and mm t as ag ree up to an am al elects to the identified individu to waive any other Epstein, so long as d ag ree s U.S.C. § 2255, an eral, or common law. exclusively under 18 t to sta te, fed ma ga s, wh ether pursuan names cla im fo r da thi s wa ive r, as to those individuals whom Notwithstanding , Epstein's signature on ided by theUnited States st liability and such appear on the list prov co nte waivers and failures to y this agreement his no t to be co ns tru ed as an admission of an in an y su it are damages ity. criminal or civil liabil trued as an on thi s afi re an ent also is notto be cons Epstein's signa tur e risdietional 9. civ il or cri mi na l lia bility or a waiver of anyju ar on the admission of does not appe any person whose name or other defense as to United States. list provided by the ed exclusively under as to tho se ind ivi duals who eJed to proce er Epstein's 10. Exce pt paragraph (0,supra, neith §2255, as set forth y res ult ing waivers or na tu re on th is ag ree ment, nor its teens, nor an ons or evidence of sig mi ssi are to be construed asad settlements by Epstein or a wa ive r of an y jarisdictional or other mi na l lia bil ity pears oa the list civil or cri wh ether or not her name ap to an y pe rso n, defense as d Slates. provided by the Unite guilty plea and be ste in sh all us e his best efforts to enter his 11. Ep Page 4 of 7 EFTA00233347 P. CI 0/014 10:06 ..1N- 30-2008180O ited States has no Oc to be r 26, 2007. The Un serattemed not lit ter th an nang hic_senteset not Ep ste in se lf- re porting,ro_bcginse objection to y 4, 2008. later than Januar t to y benefits with respec ag re es th at he w ill not be afforded an ne fit s as an y ot her 12. Epstein an th e rig ht s, op po rtunities, and be cr ed it pin time, other th time bu t no t lim ite d to , eligibility for gain of ate inmate, including lations that apply in the St se d on sta nd ar d rules and regu ste in ag re es to provide an ba St at es ' request, Ep Florida. At the . Un ite d during hi period of s of th e pi n time be earned accounting incarceration. rt of any th at th is ag re em ent -will not be made pa anticipat e Information 13. The patties e Un ite d St un s receives a Freedom of losure of th disc public record. If s commanding the ct re qu es t or an y compulsory proces ste in be fo re making that A t, it w ill pr ov id e notice to Ep the agreemen disclosure. ire the s no authority to requ th at th e Un ite d States Attorney ha ste in un de rst an ds that s t Ep Epstein understand ide by any testis of this agreemen and to us e his State Attomey's O ffice to ab sio ns wi th th e State Attorney's Office bettor:may undertake discus ichcompliancewilt it is his obligation to mpliance with thesepareedures, wh lds obligation to use bestefforts to ensu re co ste in als o understands that it is binding fy th e Un ite d States' intere st. Ep 15 th Ju di cia l Ci rc uit to accept Epstein's to sa tis of the failure to s be st ef fo rts to co nvince the Judge be im po se d an d understands that the hi ence to garding the sent recommendation re e ag re em ent. ch of th do so will be a brea ide compensation t to pl ead guilty and to prov Epstein' s ag re em en terms and conditions In consideration of Ep ste in su cc es sfu lly fulfills all of the ribed above, if ll not institute any in the manner desc United States also agrees that it wi it th e g but not limited t ution of this Further, upon exec ral Grand Jury ate A tto rn ey's Office, the fede tit with th e St nas will be held agreement an a g fe de ral Grand Jury subpoe d al l pe nd in ement. The be suspended, an fendant violates any tam of this agre investigation will de ne and to ash eensin qu and until the g motion to interve in abeyance unless hi s pe nd in evidence nd an t lik ew ise ag rees to with dr aw to m ain tai n th eir ev idence, rpm, ificaEy d, and defe agree issue s. Both parties and jury subpoena s that have been grand jury subpoena la te d to th e gr of th is ag re ement have requested by or di rectly re at eu nt il all of the terms t, in vi ol reement, all mputer equipmen completion of the terms of this ag including certain co sf ul pon the succes n. been satisfied. U be deemed withdraw di ng gr an d ju ry subpoenas shall outstan Page 5 of 7 EFTA00233348 P 011/014 H) 10106 JUN-30-t008(MO these terms is an d ce rti fies that each of ein as se ts d that a breach th is ageernent, Epst nd en t consideration an By si gn in g ted by in de pe the agreement re em ent and is suppor at es to elect to terminate materia l to th is ag s the U ni te d St tity for any and all y on e of th es e conditions allow an d an y ot he r individual or en of an Epstein e and prosecute and to investigat federal offenses. the fact that d ce rti fie s that he is aware of reement, Epste in asse rts an in all criminal g th is ag ni te d St ates provides that By si gn in n of th e U stein finthcr m en dm en t to the Constitutio to a sp ee dy and public trial. Ep the Court the Sixth A joy the rig ht provides that accused shall en ral Rules of Criminal Procedure g prosecutions the de delay in presentin ar e th at R ul e 48(b) of th e Fe or co m pl ai nt for unnece ary ss al . Ep st ei n is aw ation, ant to tri di sm is s an in dictment, inform rm at io n, or in bringing a defend id a de fe r su ch may an info or rand Jury, filing outh= District ofFl a chargcto the G ni te dS ta tm A ttomcy forth:: S th e da le of th is Agreement to es ts th at th eU y de la y fr om , shall be bezebyrequ that an ei n ag re es and consents r in th e te rms expressed herein prosecution. Ep st provid ed fo nse to such at io n of prosecution, as an d he he re by waives any defe the da ofte in iti own requ es t, r Rule 45(b) of ce ss ar y delay at his ed to de ny him rights unde e deemed to be a ne delay op er at e onstitution of th ec ut io n on th e gr ound that such an d th e Si xt h A mendment to th C of th e st at ut e pros ure nning de ra l R ul es of Criminal Proced the prosecution by reason of the ru gn in g of th is the Fe to ba r e si a speedy trial or period between th United States to of m on th s equal to the es th at w er e the subject of thc a pe rio d os e of fe ns of limitations fo r ent as to th nds that the d th e br ea ch of this agreem se rt s an d ce rti fies that he understa e that all agree:mot an in further as ocedure provid stigation. Epste es of Criminal Pr es gaud jury's inve d Rule 7(a) of the Federal Rul to a grand jury. Epstein hereby agre m en dm m t an en t pr es en te d e th at w as th e Fifth A dictm offens ni es m us t he ch arged in an in ai ns t hi m is in stituted for any gn ed an d fil ed fe lo ution ag ation si at, if a pmsec- by way of an Inform ry as and consents th jury's investigation, it may be s right to be indicted by a grand ju e gr an d ai ve s hi subject of th d hereby w ates Attorney, an by the United St nse. to any such offe 11f 'II /11 Page 6 of 7 EFTA00233349 P. Olii014 1O 10:06 JON-:30-2008O40 ove has been read ce rt ifies that the ab on- ag re em en t, E pstein as se rt s an d de rs ta ad s th e co nditions of this N By signing this pstein hereby states that he en . him. E with them and explained to ment and agrees to comply ee Prosecution Agr R. ALECANDE S ATTO}WEY R.ACOSTA E UNITED STAT By: Dated: .S. ATTO ASSISTANT U Dated: 772",,_. URT, ESQ. GERALD LEFCOFFREY FESTEIN Dated: COUNSEL TO JE NCHEZ, ESQ. LILLY ANN SA R JEFFREY EPSTEIN Dated: ATTORNEY F O ro Page? of 7 EFTA00233350 P. 013/Old MON) 10:07 J0*-30-2008( s bean read rts an d ce rtifiesthat the above ha f this Non- tein asse itions o ement. Eps derstands the cond By signing this agreteinhereby states that he un m. Eps ith then and explained to hi ent and agrees to comply w ee m Prosecution Agr R ACOSTA R. ALEXANDE ATTORNEY S UNITED STATE BY: Dated: . ASSISTANT U Dated: Dated: ANetrPt ESQ. Dated: Lg.LY ANNSFOR JEFFREY EPSTEIN ATTORNEY Pagel of 7 EFTA00233351 P.014/014 10:0? JUt'-30-2008(NON) ehas been read ste in m el ts an d catifres that the abov ofthisN'on- TCC333Cilt, Ep ands the conchae= By signing this 38 be re by statcs that he underst m . Ep st ein and explained to hi nt and agrees to comp)), with them. ne Prosecution Agrecti STA ALEXANDER ACO RNEY ST AT ES AT TO MUTED BY: Doted: . ASSISTANT N Dated: JEFFREYEPSTEI ,ESQ. Dated: GERALD LEECOGRT Y BESTEDT RE COUNSEL. TO JEPF . • ESQ. Dated:q-M EY FO RI ER FR EY EPSTEIN ATTORN Page 7417 EFTA00233352 IN RE: INVESTIGATION OR JEFFREY EPSTEIN OSECUTION AGREEMENT ADDENDUM TO THE NON-PR e 4, paragraph 7 G tha t the par ties see k to clarify certain provisions of pag IT APPEA RIN ified as n Ag ree me nt (he rein afte r "paragraph 7'), that agreement is mod of the Non-Prosecutio follows: nt third-party the responsibility The Uni ted Sta tes has the right to assign to an independe tein's counsel, selecting 7A. to the good faith approval of Eps for consulting with and, subject Agreement. If the individuals identified under the the attorney representative for the third-party, both the responsibility to an independent United States elects to assign this right to make good faith objections to the•attomey the United States and Epstein retain final designation of ges ted by the ind ependent third-party prior to the representative sug the attorney representative. independent third-party tly pre par e a short written submission to the 7B. The par ties will join tein's Agreement to the atto rne y representative and regarding Eps reg ard ing the role of rly rate for representing suc h atto rne y rep rese nta tive his or her regular customary hou pay visions of paragraph C, infra. such victims subject to the pro the attorney nal par agr aph 7A, Eps tein has agreed to pay the fees of 7C. Pursuant to add itio ever, shall not by the ind epe ndent third party. This provision, how representat ive sele cted d against him. Thus, to pay the foe s and costs of contested litigation file obligate Eps tein elects to file a con side rati on of pot ent ial sett lements, an attorney representative er contested if after sue any oth 18 U.S.C. s 2255 or elects to pur contested lawsuit pursuant to of the Agreem ent to pay the costs of the attorney remedy , the par agr aph 7 obl iga tion pay reasonable statutory or other obligations to representative, as opposed to any bear the costs of the attorney those contained in s 2255 to attorneys fees and costs such as representative, shall cease. EFTA00233353 above has been read and tein asserts and certifies that the By signing this Addendum, Eps s the clarifications to the Non- lain ed to him . Eps tein her eby states that he understand exp to comply with them. Prosecution Agreement and agrees R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: Dated: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: ( 0/ 11/07 ERALD LEFCO RT ESQ. N COUNSEL TO MEER Y EPSTEI Dated: LILLY ANN SANCHEZ, ESQ. TEIN ATTORNEY FOR JEFFREY EPS EFTA00233354 THE PALM BEACH POST • SATURDAY, SEPTEMBER.19, 2009 Epstein's secret pact with feds reveals `highly unusual' terms By SUSAN SPENCER-WENDEI Palm Brock Post Staff Writer WEST PALM BEACH - A secret non-prosecution agreement multimillionaire financier Jeffrey Ep- stein struck with federal prosecutors is being called "highly unusual" by former federal prosecutors and downright outrageous by attorneys now represent- Epstein ing young women who serviced him. Faces many The deal reveals that the FBI and the US. At- civil lawsuits torney's Office investigated him for several federal filed by some crimes; including engaging minors in commercial of the 30 to sex. The crimes are punishable by anywhere from 40 women 10 years to life in prison. identified as But federal prosecutors backed down aixl agreed victims in to recall grand jury subpoenas if Epstein pleaded the federal guilty to prostitution-related felonies in state court, investigation. which he ultimately did. lie received an 18-month jail sentence, of which he served 13 months. See EPSTEIN, 12A ► EFTA00233355 Tension between prosecutors, police The deal does not say IP. EPSTEIN from IA whether any victims were to make this deal?" Berger contacted or consulted be- asked rhetorically. "We The US. Attorney's have not yet had an hon- Office also agreed not to fore the deal was made. Attorney Brad Edwards est explanation by any charge any of Epstein's public official as to why it ' le •onspirators: of Fort Lauderdale, who represents three of the was made ... and why the young women, believes victims were sold down that none of the 30 to 40 the river." women identified as vic- Former federal pros- tims in the federal inves- ecutor Ryon McCabe de- in part by heavyweight scribed the agreement as New York cri mi nal defense "very unorthodox." Such attorney Gerald Lefcourt. tigation were told ahead agreements, he said, are Unsealed on Friday af- of time. Edwards said his usually reserved for corpo- ter attorneys for some of clients received letters rations, not individuals. Epstein's victims and The from the US. Attorney's "It's very, very rare. I've Palm Beath Post sought Office months after the never seen or heard of the its release, it offers the deal was signed, assuring procedure that was set up first public look at the deal them Epstein would be here," said McCabe, who Epstein% high-powered prosecuted. has no involvement in any , legal counsel brokered on "Never consulting the Epstein litigation. his behalf. victims is probably the "He% essentially avoid- Mark Johnson of Stuart, most outrageous aspect ing federal prosecution a former federal prosecu- of it," Edwards said. "It because he..can afford, to tor, described the dispar- taught them that someone pay that many lawyers to ity in potential sentences with money can buy his help those victims review ' as unusual, but even more way out of anything. It's their cases. ... If a person so a provision on attorney outrageous and embar- has no money, he couldn't payment. rassing for United States be able to strike a deal like The first draft of the Attorney's Office and the this and avoid federal pros- ent in September State Attorney% Office." . ecution." 26 1.ft:enquired that Epstein Epstein now faces The backroom deal pay an attorney — tapped many civil lawsuits filed with federal prosecutors by the US. Attorney's Of- by the women, who are is all the more interesting fice and approved by Ep- represented by a variety in light of the legal power- stein — to represent some of attorneys. In many, the houses who have worked of the victims. That attor-. allegations are the same: for Epstein, including ney is prominent Miami that Epstein had a predi- Harvard professor Alan lawyer Bob Josefsberg. lection for teenage girls, Dershowitz and Bill Clin- But an addendum to identified poor, vulnerable ton investigator Kenneth the agreement signed the ones and used other young following month struck women to lure them to Epstein% duty to pay his Palm Beach mansion. Josefsberg if he and the They walked away with victims did not accept between $200 and $1,000. settlements —' capped at Former Circuit Judge $150,000 — and instead Bill Berger, also represent- pursued lawsuits. ing victims, called the Johnson said it appears agreement a "sweetheart the government was try- deal." ing to balance the lesser "Why was it so impor- sentence for Epstein with tant for the government recovering $150,000 for each victim. "I've never, ever seen anything like that in my life," he said. "It's highly unusual." EFTA00233356 Starr. Lefcourt is a past president of the National Association of Criminal Defense Lawyers. Epstein's local defense victims, aitorney, Jack Goldberger, er, representing Former Judge Bill Berg issued a statement Fri- a 'sweetheart deal.' day saying he had fought called the agreement the release of the sealed agreement, to protect the third parties named there. "Mr. Epstein has fully abided by all of its terms and conditions. I-fe is look- ir%forward to putting this difficult period in his life behind him. lie is con- tinuing his long-standing history of science philan- thropy." The investigation trig- gered tensions between police and prosecutors, with then-Palm Beach Chief Michael Reiter say- ing in a May 2006 letter to then-State Attorney Barry Krischer that the .MRoeraed otht Epstein chief prosecutor shoukl agreetnt that disqualify himself. Was unsealed Friday. continue to find your office's treatment of these la Get past coverage on the cases highly unusual," Re- the Jeffrey Epstein case. iter wrote. He then asked PalmGeachPost.com/epsteth for and got the federal • See video of Epstein investigation that ended in being questioned about the sealed deal. his manhood. "The Jeffrey Epstein Page2lIve.com matter was an experience of what a many-million- dollar defense can accom- plish," Reiter told the Palm Beach Daily Nem upon his retirement. dei e Susan_spencer wen apbposi.com EFTA00233357 12A THE PALM BEACH POST • TUESDAY. SEPTEMBER 22.2009 The Palm Beach Post TIM BURKE, Executive Editor RANDY SCHULTZ Editor ofthe Editorial Page Sleazy perp, sleazier deal On the second page of the secret Government acted like deal between federal prosecutors Epstein's go-betweens. and Jeffrey Epstein, we read that the agreement will serve the interests of "the United States, the State of Florida, and the Defendant? Wrong The agreement thus placed the on the first two, right on the third. Department of Justice in a role simi- Until Friday, the public didn't know lar to those of the four women who the terms of the deal that finalized procured girls for Epstein.If there's a the case of the Palm precedent in this or any of the other Beacher who arranged 92 United States attorney% offices, to have girls brought to we'd like to hear it. Not surprisingly, his house for sex and R. Alexander Acosta also agreed not massages. Only Epstein% to prosecute those women. platoon of lawyers, the If the outcome is frustrating, so US. Attorney% Office is the lack of accountability. Mr. Epstein for the Southern District Acosta's name is on the deal, but he's • of Florida and the Palm now the dean of Florida Internationa l Beach County Clare Attorney's Office University% law school. A call to his knew the details. And now we know office for comment Monday wasUS. not why the perpetrators of this outrage returned. The name of Assistant didn't want the public to know. Attorney A. Marie Villafana is on The deal is an indictment of a the deal. She still works as a federal system that did much more for a prosecutor in West Palm Beach, but criminal than for his victims. Jeffrey Alicia Valle, the office's special coun- Epstein — officially a registered sex sel, said in an e-mail, "We cannot offender but in plain terms a pervert comment on your questions." Didn't — escaped what should have been she really mean tall not? serious prison time. Instead, the fed- This case got into the federal eral deal allowed him to plead guilty system because former Palm Beach to light charges in state court. He Police Chief Michael Reiter believed spent just 13 months — nights only that Palm Beach County State At- — in the Palm Beach County Jail. torney Barry Krischer wasn't moving Meanwhile, the government tried to aggressively enough. Mr. Krischer help Epstein buy off the young girls retired last year. The assistant state whom Epstein had exploited. attorney who oversaw the race is no Several of those girls have filed longer with the office. civil suits against Epstein. (Their At this point, the public must hope lawyers and lawyers for The Post sued that the civil suits suck as much money to make the plea deal public) In the from Epstein as possible. Money seems agreement, the government proposes to be all that he understands. Also, Jef- to identify all the alleged victims and frey Simian is serving as the acting steer them to a lawyer, whose ex- US. attorney for the Southern District penses Epstein would pay. In return, of Florida until President Obatua nomi- however, the victims would withdraw nates a permanent replacement for all lawsuits from state court and confirmation by the Senate. It would agree to a settlement in federal court be good to know that whoever follows of no more than $150,000 each. Even Mr. Acosta is on record that the Jeffrey then, of course, Epstein would not Epstein deal did not serve the interests acknowledge any "liability" of the United States. How much of a break did the system TALK give Jeffrey Epstein? BACK! http://blogs.PalmBeachPost.corn/opinionzono EFTA00233358 M A N D A T E from DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT This cause having been brought to the Court by appeal, and after due consideration the Court having issued its opinion; YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause as may be in accordance with the opinion of this Court, and with the rules of procedure and laws of the State of Florida. WITNESS the Honorable Robert M. Gross, Chief Judge of the District Court of Appeal of the State of Florida, Fourth District, and seal of the said Court at West Palm Beach, Florida on this day. DATE: September 18, 2009 CASE NO.: 4D09-2554 COUNTY OF ORIGIN: Palm Beach T.C. CASE NOS.: 502006CF009454AXXMB and 502008CF009381AXXMB STYLE: JEFFREY EPSTEIN STATE OF FLORIDA, ET AL. t 41414 Aterea/vhbaetht MARILYN BEUTTENMULLER, Clerk Fourth District Court of Appeal ORIGINAL TO: Sharon R. Bock, Clerk cc: Barbara J. Compiani Jane Kreusler-Walsh Jack A. Goldberger Robert D. Critton, Jr. Deanna K. Shullman Diana Martin William J. Berger U.S. Attorney'S Office Spencer T. Kuvin State Attorney-P.B. Bradley J. Edwards Rebecca Mercier Vargas Michael J. Pike James B. Lake R. Alexander Acosta kg EFTA00233359 THE PALM BEACH POST • FRIDAY, SEPTEMBER 18, 2009 ti)t'TjM ... Just don't ask millionaire $800 by the West Palm Beach Palm Beach sex offender Jeffrey court currently hearing civil Epstein about his pri- lawsuits filed by women whom Ep- vates. Local attorney stein paid for sex when they were Spencer Kurth did dur- underage. "It absolutely was an im- ing a deposition Sept. portant question," said Kuvin. "If 2, and Epstein walked he claims to have never met them, out— 100 seconds then we should know whether the after it started. And victim is telling the truth."The it was all caught on a Epstein deposition has been reset for Oct. video posted on Page 8, and Epstein should expect the 71ea% online sister, same question ... Burt Reynolds page2live.com. Epstein did answer was back in rehab Thursday. It was the first question: "What is your just for a daylong refresher at the name?" But he balked at the sec- Hanley Center in WPB. Reynolds, ond: "Is it true that ... you 73, admitted himself at Hanley for have an egg-shaped penis?" a 30-day program in mid-August Epstein took off his microphone and was released last week. He and left. And it cost the Wall Street admitted to battling an addiction prodigy Epstein: He was fined to pain pills ... WEST PALM BEACH -- Finan- cier and sex offender Jeffrey Epstein's secret deal struck with federal prosecutors Is due to be released to the pubik today. Circuit Judge Jeffery Colbath ruled the document was improp- erly sealed and should be released, and an appellate court agreed. Under the deal, Epstein avoided fed- eral charges and pleaded guilty in state court to fFlorn, solicitation of pros- titution and procuring a person under the age of 18 for prostitution. In July 2008, he was sentenced to 18 months in jail and later allowed out up to six days a week on work release. He now faces at least 20 civil lawsuits filed by women who say they were victims. EFTA00233360 .2009 • FRIDAY, UNE 26 ST THE PALM BEACH YO eal Judge agrees to uns deal l Epstein's sex scanda By SUSAN SPENCE R-WENDEL Writer names of vic- tims. Colbath Epstein scheduled Palm Rear* Past Stqff WEST PALM — A circui t judg e BEACH ag re ed ruled that the deal had not been sealed fb r r e l e a s e i n J u l y ur sd ay to un se al a deal properly. Th billionaire Jeffrde ey Epstein Jack struck with fe ra l pros- Ep ste in G ol dberger, 00. EPSTEINfrom 113 He will have served their fil - in% at- an ecutors to avoid th Ep ste en about 13 months of of ch ar ge s in e w ake ed iate ly asked Attorneys for ,wasom senten . ce ing w ith torney, imm now suing EpsteinThe Palm 18-month well of his sex sc an da l for a stay of Colbthath% deci- ra ge gi rls . al e agree- as attorneys forasked Col- unde Col- sion to unse Beach Post, had the deal, Circuit Judge Jeffnot re- ment in order to appeal it.t guilty bath said he wouldreement A hearing on that reques bath to release blic and Epstein pleaded ag in g th e pU e ye ar o to lease Epstein% agosecutors is set for this morning ar gu im s ha ve a rig ht nearly on pr os tit ut ion with federal pr allowing the vict solicitation of teenagers See EPSTEIN, 5B to se e it. oc ur in g until Monday, dact the to g more and prostitution and was him tim e to re "There is nothinpo rtant for pr fundamentally blic and sentenced to 18 months in im than for the pu w the prison. iff§ office official press to observedohoing its A sher that governntent is ey Deanna confirmed Thursday as e( job, " IS at to rn w ill be re le sa id . "T he re Epstein B ea d Shullman lm ea t pu bl ic in te rest from the ocPa ka de on Ju l- is gr er yb od y in th is County St 13 m on th in how ev eir job." 22 — nearly ce rage is doing thar th at in to hi s se nt en . Goldberger gued em ent Sh er iff 's of fic e spoke the co nf id en tia l ag re person Er ic D avis sa' ith fe de ra l Epstein stru ck w m ain Epstein hago s earned ga ut or s sh ou ld re od behavi prosec ed in it, time fo r confidential. Includ ar e ref- and fo r pa rti ci pating in Goldb er ge r sa id , l grand work-re lease ogram. ; pr erences to federa The began ye s, w hi ch jury pr oc ee di ng otected ago aftesga ragl Beach m an d pr vestigati ar e se cr et l ru le s. A fe de ra l lice be n inung won by federa at yo de the reports th judge should deci w er e being broughtWtoa; issue, he said. Spencer mansege on El Brillo Attorneys m and have wards, massa mhiin exchange Kuvin and Brad Ed e of the with hi who represent sogmEpstein, money. women now su in Displeased with w er e 'not both sa id th ey in% at- way thha e state atton surprised by Epste ap pe al offic e ndled the t torney m ov in g to to stall Palmarde Beach police "Any chance ke the fo rw d informatk y w ay an d ep l Bureau in an public the Federan. agreement out of ill take vesti ga tio disclosure, theydsw outside O susall -50encel wade( it," said Edw ar Opbbpost.com court. EFTA00233361 BURMAN, CRITTON LP LUTTIER& MAN COLEAD ,L S D VO CA TE USTE YOUR TR TNERSHIP A LIMITED LIABILITY PAR ADELQVI J. BENAVENTE PARAUGAtliNVESTIGATOR ). MICHAEL BURMAN. PA" JESSICA CADWELL GREGORY W. COLEMAN. M. BOBBIE M. MCKENNA ' ASHLIE STOKEN•BARING ROBERT D. CRITTON4IL. PA BERNARD A. LEBE DEKER BETTY STOKES MARK T. LUTTIER. PA. PARALEGALS MICHAEL ). PIKE RITA H. BUDNYK MICHAEL L. SCHEVE OF COUNSEL DEAN T. XENICK EDWARD M. RICCI Of COUNSEL DAVID A. YAREMA May 25, 2010 L TRIAL LAWYER I tLORIDA BOARD CERTNIED CIVI FLOR IDA AND COLORADO 2ADmITTED TO PRACTICE IN Sent by email and Honorable Edward B. Davis only by U.S. Mail to Judge Davis Akerman Senterfitt Re: Jeffrey Epstein Dear Judge Davis: confirm that Mr . Jos efs ber g's lett er to you dated May 21, 2010. We ed by you. We are in receipt of epresentative sel ect in set tled ea ch an d eve ry case brought by the attorney-r Mr. Ep ste to pay to adv ise you tha t Mr . Epstein has never refused We write this response only wit hin the sco pe of the NPA. He has already paid d fees tha t are presented him reasonable settlement-relate 00. Th e atto rne y-representative has not yet t have been tive $52 6,0 the attorney-representa ent -related work. The incomple te invoices tha set tlem attorneys with a fina l inv oic e for ad diti on al fee s. Mr . Ep ste in has been advised by his ation presented seek $2,000,000 in duplicative work, charges that relate to preparation for litig and e ble that the requested fees includ NPA-fee obligations) and charges that are unreasona us out sid e his ngf ul rev iew . A not settlement (th Co urt rat he r tha n simply paid without meani es ed by a t the inv oic that should be review al fee s (ov er $1, 000 ,000) is for legal work tha tot Po dhu rst significant amount of the e atto rne ys wh o are not even attorneys with the out sid the se document were done by two ste in's dis put es the nec ess ity for and redundancy of . Ep Orseck, P.A. law firm. Mr charges. fees has resulted ur Ho no r's sel ect ion an d reg ret that the issue of disputed ined by the We respect Yo com mit ted to pa yin g wh ate ver fees and costs are determ in litigation. Mr. Epstein is EFTA00233362 May 25, 2010 Page 2 Court to be his obligation, if any, but he is not required to simply write a blank check. I have filed a motion in the case pursuant to F.R.Civ.P. 67, to allow him to deposit $2,000,000 in Trust with the Court pending the outcome of the Complaint which confirms his commitment. Cordially yo Rob D. Critton, Jr. RDC/JPL:ab Cc AUSA - , AUSA — Jack Goldberger, Esq. Robert Josefsberg, Esq EFTA00233363 1 1 IN THE CIRCUIT COURT OF THE T FIFTEENTH JUDICIAL CIRCUI COU NTY , FLO RIDA 2 IN AND FOR PALM BEACH CRIMINAL DIVISION 3 4 STATE OF FLORIDA ) 5 ) vs ) CASE NO. 06 CF9454AMB ) 08 9381CFAMB 6 JEFFREY EPSTEIN ) 7 ) Defendant. ) 8 ) 9 PLEA CONFERENCE 10 PUCILLO 11 PRESIDING: HONORABLE DEBORAH DALE 12 APPEARANCES: 13 ON BEHALF OF THE STATE: UIRE BARRY E. KRISCHER, ESQ 14 State Attorney y 401 North Dixie Highwa ch, Flo rid a 33401 15 West Palm Bea LANNA BELOHLAVE K, ESQUIRE By: Assistant State Attorney 16 ANT: 17 ON BEHALF OF THE DEFEND WEISS,P.A. ATTERBURY, GOLDBERGER & South 18 250 Australian Avenue Suite 1400 a 33401 19 West Palm Beach, Florid E By: JACK GOLDBERGER, ESQUIR 20 21 COPY CERTIFIE D 22 23 June 30, 2008 ouse 24 Palm Beach County Courth rid a 33401 West Palm Beach, Flo k, a.m. 25 Beginning at 8:40 o'cloc PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233364 2 the following 1 BE IT REMEMBERED that se the above -entitled cau 2 proceedings were had in of ORAH DALE PUCILLO, one 3 before the HONORABLE DEB aid court, at the Palm 4 the judges of the afores of e, located in the City 5 Beach County Courthous 2008 of Florida on June 20, 6 West Palm Beach, State es k, a.m. with appearanc 7 beginning at 8:40 o'cloc to wit: 8 as hereinbefore noted, 9 THEREUPON: MR. GOLDBERGER: Good morning, Judge, 10 alf of Jeffrey 11 Jack Goldberger on beh 12 Epstein. THE COURT: Good morning. 13 MR. GOLDBERGER: Your Honor, we are 14 ence. 15 here for a plea confer THE COURT: Raise your right hand. 16 17 THEREUPON: JEFFREY EPSTEIN, 18 e and a witness by the Defens 19 after being called as was y sworn by the Court, 20 after being first dul as follows: 21 examined and testified THE DEFENDANT: Yes, ma'am. 22 ? THE COURT: Is this one case or two 23 MS. BELOHLAVEK: Two. 24 THE COURT: May I see the PC 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233365 4 maximum 1 degree felony, punishable by a rtment of 2 penalty of five years in the Depa ation. No 3 Corrections, and a minimum, prob 4 mandatory minimums, correct? MS. BELOHLAVEK: Correct. 5 THE COURT: The defendant has no 6 7 prior criminal record? MS. BELOHLAVEK: Correct. 8 MR. GOLDBERGER: Yes, Your Honor. 9 THE COURT: You checked the NCIC as 10 11 well as State records? MS. BELOHLAVEK: Yes. 12 THE COURT: And the guideline score 13 months in 14 sheet I have before me shows 21.5 as the lowest 15 the Department of Corrections months. 16 permissible prison sentence in ion of the 17 Both sides agree to the preparat 18 guideline score sheet? MR. GOLDBERGER: We so agree, Your 19 20 Honor. MS. BELOHLAVEK: Yes. 21 THE COURT: What is proposed -- it 22 23 goes on for pages. MR. GOLDBERGER: Your Honor, much of 24 ent by my 25 the documentation is acknowledgem PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233366 3 1 affidavit in both cases, please? MS. BELOHLAVEK: There are no PC 2 3 affidavits. There was originally an filed 4 Indictment, the second charge was arising out of the booking. It was all 5 jury. 6 testimony presented to the grand 7 THE COURT: Let me see the Indictment 8 then? 9 I have one Indictment, one 10 Information? MS. BELOHLAVEK: Correct. 11 12 THE COURT: So one case is charged by rmation? 13 Indictment, one is charged by Info MS. BELOHLAVEK: Correct. 14 THE COURT: In case 2006036744 you 15 on under 16 are charged with procuring a pers ee 17 18 for prostitution, a second degr years 18 felony, maximum penalty of fifteen some 19 Department of Corrections; minimum, period of probation. No mandatory minimum 20 21 apply, is that correct, State? MS. BELOHLAVEK: Correct. 22 23 THE COURT: And in case number 06 ny 24 9454CF, you are charged with felo third 25 solicitation to prostitution, a PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233367 5 offender 1 client to community control, sex 2 status. THE COURT: I understand. 3 4 Okay. What is proposed -- those , Mr. Epstein. 5 are the maximums and minimums will be 6 What is proposed is that you tion to 7 pleading guilty to felony solicita on under 8 prostitution and procuring a pers 18 for prosecution. A PSI would be waived, 9 ty of both 10 you would be adjudicated guil 11 felonies, is that correct? MS. BELOHLAVEK: Correct. 12 THE COURT: And on 06 9454, the 13 -months in 14 defendant to be sentenced to 12 ntion 15 the Palm Beach County -- dete 16 facility? He's going to do time in the 17 jail? MS. BELOHLAVEK: Yes. 18 THE COURT: With credit for one day 19 20 served. And on 08 9381, he is to be Palm Beach 21 sentenced to six months in the , with credit 22 County jail detention facility for one day served. And the six month 23 ive to the 24 sentence is to be served consecut 25 12 month sentence? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233368 6 MS. BELOHLAVEK: Correct. 1 THE COURT: Following the six months 2 ed on 3 sentence, the defendant will be plac The 4 12-months of community control one. are 5 conditions of the community control herein. 6 attached hereto and incorporated 7 As a special condition of 8 community control, he's to have no and the 9 unsupervised contact with minors -- and I 10 supervising adult must be approved ahead of 11 would say, pre-approved, approved Department 12 time, not after the fact by the 13 of Corrections. And you would mean by that 14 his community control officer? MS. BELOHLAVEK: Correct. 15 THE COURT: The defendant is 16 uant to 17 designated as a sexual offender purs abide by 18 Florida Statute 943.0435 and must of the 19 all the corresponding requirements hereto 20 statute, a copy of which is attached and incorporated herein. The defendant 21 t at the 22 must provide a DNA sample in cour Is this the -- and the 23 time of this plea. itions of 24 attachments are the terms and cond community control. There are some 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233369 7 page, what 1 squiggles on the bottom of the 2 would those squiggles be? MR. GOLDBERGER: Thank you, Your 3 ature 4 Honor, those are my client's sign all 5 acknowledging that we have gone over 6 the conditions. THE COURT: One page after the plea 7 terms and 8 sheet that really spells out the Florida 9 conditions of community control, that 10 Statute 948.101, Mr. Epstein, is ggle? 11 squiggle at the bottom your squi THE DEFENDANT: Yes, ma'am. 12 THE COURT: Would those be your 13 14 initials? THE DEFENDANT: Yes, ma'am. 15 THE COURT: Did you read all of that 16 17 page? THE DEFENDANT: Yes, ma'am. 18 THE COURT: Can you read? 19 THE DEFENDANT: Yes, ma'am. 20 21 THE COURT: How far did you go in 22 school? THE DEFENDANT: High school. 23 THE COURT: That's your highest 24 25 degree? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233370 8 1 THE DEFENDANT: Yes. 2 THE COURT: And is this your 3 signature on the plea sheet that recites 4 the terms of the plea I just read? 5 THE DEFENDANT: Yes, ma'am. 6 THE COURT: Did you read that 7 document as well? 8 THE DEFENDANT: Yes, ma'am. 9 THE COURT: You understand once you 10 do your 12 months followed by your six 11 months all in the Palm Beach County jail 12 you will then be put on community control 13 which involves having an electronic monitor 14 attached to you and -- 15 MR. GOLDBERGER: Actually Your Honor, 16 the agreement of the parties is to, it's 17 community control one which is not monitor. 18 THE COURT: Oh, community control 19 one, is that spelled out in here? 20 MS. BELOHLAVEK: Yes. 21 MR. GOLDBERGER: Yes, it is, Your 22 Honor. 23 MS. BELOHLAVEK: He does not fall 24 under the Jessica Lunsford Act which 25 requires the bracelet. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233371 9 THE COURT: Community control two. 1 MS. BELOHLAVEK: Correct. 2 THE COURT: Community control one -- 3 monitor? 4 that would be no electronic MR. GOLDBERGER: That is correct. 5 THE COURT: Now which of the terms 6 rol one are 7 and conditions of community cont 8 you incorporating? MR. GOLDBERGER: I can go through 9 10 them with Your Honor. THE COURT: None of the them appear 11 sheet which 12 to be articulated in the plea 13 is why I'm asking. MR. GOLDBERGER: These are the 14 y control by 15 standard conditions of communit goes on 16 statute would apply to anyone that abundance 17 community control and out of an ized those 18 of caution, we simply memorial sheet 19 standard conditions in the plea 20 agreement. THE COURT: The Court shall require 21 ance for 22 intensive supervision and surveill control 23 an offender placed on community ted to 24 which may include but is not limi le and 25 specified contact with the paro PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233372 10 1 probation officer, specified by who? PROBATION OFFICER: Specified by you, 2 3 Your Honor. 4 THE COURT: I don't see that in the 5 plea sheet. That's why I'm asking the 6 questions. No one has specified how often, act with 7 how frequently he is to have cont 8 his parole and probation officer. dence 9 Confinement to an agreed upon resi oyment and 10 during the hours away from empl been 11 public service activity, has that 12 articulated? MS. BELOHLAVEK: I believe 13 r 14 Judge McSorley has a standard orde rding 15 somewhere on the bench up there rega 16 this, I'm told by the prosecutor. MS. LENHARDT: Judge, usually this is 17 to folks. 18 the probation sheet she hands out THE COURT: I have seen those 19 ated in 20 sheets -- I have seen them incorpor asking. 21 plea agreements which is why I'm MR. GOLDBERGER: I see. 22 23 THE COURT: Is there some reason you in this 24 didn't use this particular document 25 case? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233373 11 MS. BELOHLAVEK: I didn't realize 1 Judge 2 until Ms. Lenhardt just told me that 3 McSorley has that. MR. GOLDBERGER: We'd be happy to 4 We were 5 execute that document, Your Honor. him sign 6 -- we overreacted by just having y control. 7 off on all conditions of communit 8 THE COURT: Well, this is -- MR. GOLDBERGER: Perhaps the better 9 10 practice would be -- 11 THE COURT: This is, the reason makes 12 Judge McSorley does this which be here 13 ultimate sense is we're going to to decide 14 half the morning if we're going -- 15 among ourselves now what the MR. GOLDBERGER: That makes sense. 16 THE COURT: I'm not going to leave 17 18 this just unspecified. MS. BELOHLAVEK: We can take care of 19 us a few 20 that right now if you could give 21 minutes. 22 THE COURT: All right. ns 23 These are the standard conditio . If you 24 that Judge McSorley normally uses ones that 25 like them, you need to circle the PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233374 12 them. We 1 apply and everyone must initial will go over it. If you wish to change -- 2 bit of 3 you understand there is quite a ing 4 latitude given the court in putt somebody on community control. If you 5 , but 6 agree to some change, let me know a big fan 7 understand at the outset that I'm of specificity. I want to know what he 8 I want to 9 will be doing for employment. to be living 10 know exactly where he is going It can 11 and I want it on the record now. 12 change but it can only change with preapproval by DOC. I want it crystal 13 rol 14 clear. I don't want the community cont day he walks 15 officer who gets this case the any doubt 16 out the Palm Beach County to have this 17 or confusion as to exactly what e he is 18 defendant is supposed to do, wher I am 19 supposed to be when, exactly what rvise. 20 requesting that officer to supe MS. BELOHLAVEK: Absolutely. 21 THE COURT: Okay. 22 MR. GOLDBERGER: We will work on it. 23 24 Thank you, Your Honor. THE COURT: We will recall that case. 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233375 13 1 (Brief recess.) MR. GOLDBERGER: Your Honor, we are 2 it 3 back on Jeffrey Epstein, actually go through 4 worked, we had an opportunity to community 5 Judge McSorley's conditions of nt of 6 control and we asked the Departme st us to 7 Corrections representative to assi erly. 8 make sure we did everything prop uted the 9 They were very helpful and we exec 10 document. MS. BELOHLAVEK: Yes, and Your Honor, 11 r the sex 12 this defendant doesn't fall unde included 13 offender probation but we have as part of 14 special sex offender conditions are all 15 the community control and they 16 circled there. THE COURT: The plea agreement stated 17 a sexual 18 the defendant is designated as ute 19 offender pursuant to Florida Stat 20 942.035. MS. BELOHLAVEK: Correct. But the 21 ute is 22 sex offender probation, the stat ain 23 different and only applies to cert erated. 24 offenses and this one was not enum THE COURT: Okay. I want to make 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233376 14 clear. 1 sure both I and the defendant are are 2 The sexual offender statute you is the one 3 referring to in the plea sheet 4 that requires registration? MS. BELOHLAVEK: Correct. 5 MR. GOLDBERGER: Correct. 6 THE COURT: And we will talk about 7 8 that. MR. GOLDBERGER: Okay. 9 10 THE COURT: But it is not the one ns of sex 11 that requires the special conditio 12 offender probation? MS. BELOHLAVEK: Correct. 13 THE COURT: Now, rather than 948, do 14 He's read 15 you want me to disregard 948? 16 it? MS. BELOHLAVEK: He's read it. 17 THE COURT: We will leave it in 18 g 19 there. But these conditions we are goin to be viewed 20 to go over right now are going been signed 21 in my mind, yes, and they have over that 22 by the defendant and we will go e plea. 23 in a second as a part of the whol MS. BELOHLAVEK: Correct. 24 THE COURT: So circled are 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233377 15 1 conditions, A, you will remain confined to 2 your residence except one half hour before 3 and after your approved employment, 4 community service work or any other 5 activity approved by your probation 6 officer. 7 B, you will maintain an hourly 8 accounting of all your activities on a 9 daily log which you will submit to your 10 supervising officer upon request. 11 My understanding about the daily 12 log, maybe I'm just confused from other 13 cases I've heard, is the daily log is a 14 weekly log, I guess it is submitted ahead 15 of time, is that correct? 16 PROBATION OFFICER: That is correct, 17 Your Honor. 18 THE COURT: So part A, where he has 19 to stay in his residence except for one 20 hour before and after the approved 21 employment, community service work and 22 other activity. All that's information 23 that will be recorded in writing and the 24 defendant will have a copy and he will know 25 exactly where he is supposed to be when. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233378 16 1 PROBATION OFFICER: That is correct, 2 Your Honor. 3 THE COURT: As will his supervising 4 probation officer. And then to document 5 that he's supposedly done all that he 6 himself will be keeping a daily log? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: And the log form will be 10 provided by the department and he will be 11 turning that in every time he meets with 12 the probation officer? 13 PROBATION OFFICER: That is correct, 14 Your Honor. 15 THE COURT: Okay. So that applies 16 and F applies. Does E apply? No. 17 MS. BELOHLAVEK: Did I circle E? 18 THE COURT: No. F -- made one up, 19 the defendant will be residing at 358 El 20 Brillo Way, Palm Beach, Florida, 33480. He 21 knows now that that's where he will be 22 living when he is released after his 12 23 months and six months. 24 MR. GOLDBERGER: That is correct, 25 Your Honor. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233379 17 1 THE COURT: That's a private 2 residence? MR. GOLDBERGER: That is his home. 3 THE COURT: Does he own the 4 S residence? MR. GOLDBERGER: He does, Your Honor. 6 THE COURT: Is there any possibility 7 e? 8 that he no longer owns the residenc MR. GOLDBERGER: Not anticipated, 9 10 Your Honor. THE COURT: Okay. Should he not be 11 is a long 12 for whatever reason -- 18 -months 13 time, should he not be owning that e, he will 14 residence or able to reside ther g his 15 have the obligation of notifyin emphasize 16 probation officer prior, and I custody. I 17 this, prior to his release from notified 18 assume that the department will be 19 prior to, to his release? PROBATION OFFICER: That is correct, 20 21 Your Honor. THE COURT: And then you would need 22 before he 23 to send someone to meet with him ty jail and 24 walks out of the Palm Beach Coun nt 25 verify his address and employme PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233380 18 1 information? PROBATION OFFICER: That is correct. 2 3 THE COURT: All address -- I assume other 4 all of this to and from work and any to Palm 5 approved activities restricts him 6 Beach County, is that correct? PROBATION OFFICER: That is correct, 7 8 Your Honor. 9 THE COURT: So let's be clear, out 10 everything, from the day he walks that clear? 11 occurs in Palm Beach County, is MR. GOLDBERGER: We understand, Your 12 13 Honor. That's correct. 14 THE COURT: Then the additional are not 15 condition of his probation, they they are 16 sex offender standard conditions, imposed 17 just conditions that are being 18 especially in this case? MS. BELOHLAVEK: Correct. 19 20 THE COURT: They are as follows, you ew from 10 21 shall submit to a mandatory curf other 22 p.m. to 6:00 a.m. regardless of any oved 23 restrictions regarding work or appr ns to 24 activity, there will be no exceptio to 6 25 being at home in house from 10 p.m. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233381 19 1 a.m., is that correct? MS. BELOHLAVEK: Yes. 2 3 THE COURT: If the victim was under the case 4 age of 18 years which I gather is live 5 because it's circled, you shall not 6 within 1000 feet of a school, day care place 7 center, park, playground or other te. 8 where children regularly congrega 9 Has someone verified that 358 El 10 Brillo is such a place? MS. BELOHLAVEK: No, but that will be 11 12 done prior to his release. THE COURT: So 358 El Brillo will not 13 to be one 14 be approved if it should happen care 15 thousand feet from a school, day r place 16 center, park, playground or othe 17 this is rather open. MR. GOLDBERGER: Where children 18 19 gather. THE COURT: Where children regularly 20 21 congregate. MS. BELOHLAVEK: Right. 22 THE COURT: The Court knows 358 El 23 hborhood, 24 Brillo Way is a residential neig dren 25 are there areas there where chil PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233382 20 1 regularly congregate? MS. BELOHLAVEK: I personally do not 2 3 know. 4 THE COURT: Neither do I, which is 5 why I'm asking. Has that been 6 investigated? MR. GOLDBERGER: We have done our due 7 e is a 8 diligence, for what it's worth, ther residential street. There are not children 9 congregating on that street. We think the 10 we fully 11 address applies, if it doesn't, e. 12 recognize that he can't live ther THE COURT: Okay. D is, you shall 13 im, are 14 not have any contact with the vict 15 there more than one victim? MS. BELOHLAVEK: There's several. 16 THE COURT: Several, all of the 17 So this should be plural. I'm 18 victims. making that plural. You are not to have 19 in this 20 any contact direct or indirect, and to go over 21 day and age I find it necessary By 22 exactly what we mean by indirect. , no 23 indirect, we mean no text messages no 24 e-mail, no Face Book, no My Space, no 25 telephone calls, no voice mails, PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233383 21 no 1 messages through carrier pigeon, no hey 2 messages through third parties, no having 3 would you tell so and so for me, approach 4 a friend, acquaintance or stranger of any 5 any of these victims with a message 6 sort from you, is that clear? THE DEFENDANT: Yes, ma'am 7 THE COURT: And then it states, 8 the 9 unless approved by the victim, t. Okay. 10 therapist and the sentencing cour THE DEFENDANT: I understand. 11 THE COURT: And the sentencing court. 12 I would 13 So, if there is a desire which, to have 14 think would be a bit strange ims the court 15 contact with any of the vict 16 must approve it. MS. BELOHLAVEK: Correct. 17 THE COURT: If the victim was under 18 , you 19 the age of 18, which was the case ully 20 shall not until you have successf offender 21 attended and completed the sex 22 program. So, is this sex offender program n? 23 becoming a condition of probatio That is not. I 24 MS. BELOHLAVEK: 25 don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233384 22 THE COURT: You did. 1 MR. GOLDBERGER: That's a mistake on 2 is 3 our part. Actually the statute that he require the 4 pleading guilty to does not THE COURT: I understand that, but S 6 you circled it. MS. BELOHLAVEK: I apologize, that 7 8 one is not. He has already been in rist. 9 treatment with a private psychiat 10 THE COURT: Which you find to be an nder 11 adequate substitute for sex offe 12 program? MS. BELOHLAVEK: I -- it is not 13 uation and 14 required and based upon the eval don't 15 my contact with that doctor, I point. 16 believe it's necessary at this 17 THE COURT: Has that been -- I assume have a 18 you have a law degree and do not hiatry? 19 Ph.D in a psychology or MD in psyc MS. BELOHLAVEK: That is correct, I 20 21 don't. 22 THE COURT: So it is just your 23 judgement -- MS. BELOHLAVEK: Correct. 24 THE COURT: -- that his treatment 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233385 23 rist or 1 with some fancy private psychiat ? 2 psychologist in his case is okay MS. BELOHLAVEK: That is correct. 3 THE COURT: So you are not imposing 4 5 E? MS. BELOHLAVEK: Correct. 6 7 THE COURT: F, if the victim was not work or 8 under the age of 18, you shall ol, day 9 play or as a volunteer in any scho or other 10 care center, park, play ground congregate, 11 place where children regularly 12 is that understood? THE DEFENDANT: Yes, ma'am. 13 14 THE COURT: Children will be defined There are a 15 as anyone under the age of 18. larly 16 lot of places where children regu 17 congregate. What kind of work do you do? THE DEFENDANT: Banking. 18 THE COURT: Here in Palm Beach 19 20 County? THE DEFENDANT: Virgin Islands, 21 22 ma'am. 23 THE COURT: You understand you will ty for the 24 not travel from Palm Beach Coun 25 duration of this? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233386 24 THE DEFENDANT: Yes, ma'am. 1 MR. GOLDBERGER: Your Honor, I'm 2 the 3 sorry to interrupt, we do cover t as to 4 employment later in the agreemen ng the one 5 what he is going to be doing duri rol. 6 year that he is on community cont THE COURT: Okay. And let me -- 7 ss 8 condition G, which is circled, unle tment plan 9 otherwise indicated in the trea tment 10 provided by sexual offender trea 11 program. MR. GOLDBERGER: That's not in there. 12 THE COURT: Is that what you want? 13 MS. BELOHLAVEK: No. 14 THE COURT: But you do want the, you 15 obscene 16 will not view, own or possess any 17 pornographic MS. BELOHLAVEK: Correct. 18 THE COURT: Okay. But are you saying 19 to own 20 that this therapist can okay him 21 certain pornographic material? MS. BELOHLAVEK: No, not at all. 22 MR. GOLDBERGER: No, Your Honor. 23 THE COURT: Would be really helpful 24 re they 25 if people read these things befo PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233387 25 1 signed them thoroughly. 2 Unless otherwise indicated in the 3 treatment plan. I'm just going to strike nder 4 out, provided by the sexual offe treatment program. Is that what you 5 -- 6 intend, that his therapist can MS. BELOHLAVEK: No. 7 THE COURT: No? 8 MS. BELOHLAVEK: No. 9 THE COURT: Unless otherwise 10 11 indicated. MR. GOLDBERGER: The parties have 12 that he is -- 13 agreed that during the period 14 cannot be -- THE COURT: Condition G will now 15 possess any 16 read, you shall not view, own, 17 obscene, pornographic or sexually material 18 stimulating visual or auditory media, 19 including telephonic, electronic ices that 20 computer program or computer serv vior 21 are relevant to your deviant beha 22 pattern. And who is going to enforce that? MS. BELOHLAVEK: The community 23 24 control officer. THE COURT: How? 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233388 26 MS. BELOHLAVEK: They have the 1 for 2 obligation and included in there time his 3 warrantless search to check at any contact 4 home, his computer, anything he has 5 with. 6 THE COURT: And do they regularly do 7 that? PROBATION OFFICER: Yes, ma'am. 8 9 THE COURT: Since we have the the 10 pleasure of having someone from 11 Department of Corrections here. 12 Okay. H, you shall submit two 13 specimens of blood to the Florida be 14 Department of Law Enforcement to . 15 registered in the DNA data bank 16 J, you shall submit to a ation 17 warrantless search by your prob cer of 18 officer or community control offi 19 your person, residence or vehicle. 20 G -- where is the G? MS. BELOHLAVEK: That was under the 21 offender 22 original part, not under the sex 23 one. THE COURT: Okay. Defendant to have 24 officer 25 contact with the community control PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233389 27 . 1 at a minimum one time a week 2 Defendant to work at Florida Avenue, 3 Science Foundation, 250 Australian West Palm Beach, Florida. Is that 4 5 volunteer work or work for pay? MR. GOLDBERGER: It is a 501C 6 Your Honor, 7 corporation that he has formed, . 8 that will be doing charitable work THE COURT: That he has formed? 9 MR. GOLDBERGER: Yes. 10 THE COURT: What exactly is Florida 11 12 Science Foundation? MR. GOLDBERGER: Do you want to 13 14 explain? THE DEFENDANT: It funds science 15 country. 16 programs around the state and the 17 THE COURT: How long has it been in 18 existence? THE DEFENDANT: Fifteen years. 19 20 THE COURT: How many programs has it 21 funded? THE DEFENDANT: Numerous, more than 22 23 50. 24 THE COURT: What is your position 25 with the organization? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233390 28 THE DEFENDANT: President. 1 2 THE COURT: Is there a board of 3 directors? THE DEFENDANT: Yes, ma'am. 4 THE COURT: Who's on the board of 5 6 directors? THE DEFENDANT: Two attorneys. 7 8 THE COURT: What exactly do you do? THE DEFENDANT: I'm an investment 9 10 banker but my -- 11 THE COURT: No, no, I mean with the 12 science foundation. THE DEFENDANT: We fund 13 14 science programs -- THE COURT: I don't want to know what 15 do. How 16 we do, I want to know what you 17 often are you there? THE DEFENDANT: I'm there every day, 18 want to 19 I research, I take in people who need 20 make presentations about why they , 21 money for funding medical research advanced science research. My background 22 is in physics. I go through all the 23 science work 24 programs in detail, review the a daily 25 potentials, I follow through on PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233391 29 given money 1 basis with what they have been 2 to do. 3 THE COURT: Who are some recent 4 grantees? THE DEFENDANT: Harvard University. 5 nary 6 There is a full program of Evolutio e of 7 Dynamics, Neuro Science Institut MIT. 8 California, the Physics Institute, 9 THE COURT: Do you ever have occasion of 10 to deal with anyone under the age 11 eighteen? Not very often. It 12 THE DEFENDANT: -- sorry. 13 is, if someone is in college THE COURT: Right, that's why I'm 14 15 asking the question. THE DEFENDANT: Most of the people I 16 17 fund are all usually professors. THE COURT: Thank you. You 18 contact with 19 understand that you can't have 20 anyone if -- this organization, do they high 21 ever have any involvement with 22 schools? THE DEFENDANT: No, ma'am. 23 24 THE COURT: Students or teachers? THE DEFENDANT: No, ma'am. 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233392 30 THE COURT: Okay. 1 MS. BELOHLAVEK: Those are 2 are the same 3 duplicates, you will see those , however, 4 as the ones on the previous page 5 it was reproduced. 6 THE COURT: The next condition, you You shall 7 shall maintain a driving log. alone 8 not drive a motor vehicle while supervising 9 without prior approval of your 10 officer. 11 If there was sexual contact, you s or 12 shall submit to at probationer' an HIV test 13 community controllee's expense the victims, 14 with results to be released to will be 15 victim's parent or guardian -- victims, plural. Has that been done? 16 MR. GOLDBERGER: Not yet. 17 THE COURT: Do we have a time frame 18 19 on that? I would think ASAP might be good 20 on something like that. MS. BELOHLAVEK: I believe they can 21 22 actually do that at the jail. THE COURT: At his expense? 23 MS. BELOHLAVEK: Yes. 24 25 THE COURT: I would request that that PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233393 31 1 be done within 48 hours? a post 2 You shall not obtain or use oval of the 3 office box without prior appr 4 supervising officer. 5 Okay. Are all those conditions 6 you two have agreed to? MS. BELOHLAVEK: Yes, Your Honor. 7 MR. GOLDBERGER: With the court's 8 9 amendments, yes. THE COURT: Mr. Epstein, do you 10 11 understand? THE DEFENDANT: Yes, ma'am. 12 THE COURT: I need the defendant to 13 s added to 14 sign number D where I had an otherwise 15 victim, and G, we struck out the indicated language. Otherwise, it is as 16 17 you agreed. 18 Mr. Epstein, do you understand terms of the 19 this is a somewhat complicated 20 plea that you've agreed to? THE DEFENDANT: Yes, ma'am 21 THE COURT: Do you have any questions 22 23 about the terms of the plea? THE DEFENDANT: No. 24 THE COURT: Can I ask the State why 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233394 32 State 1 you choose -- or defense and the the Palm 2 together, why twelve months in months? 3 Beach County jail followed by six 4 Why not just send him to DOC? MR. GOLDBERGER: It was the agreement 5 of the parties, Your Honor. We just 6 accomplish 7 decided that was the best way to parties 8 what needed to be done here and the d 9 agreed that that sentence satisfie 10 everyone's requirements. 11 THE COURT: The taxpayers of Palm months to 12 Beach County is going to pay 18 13 house this guy instead of DOC? MS. BELOHLAVEK: Right. 14 15 THE COURT: You understand we're in county 16 losing positions left and right enough 17 government because we haven't got 18 money but you want -- okay. 19 His requirement to register there is many, many -- there is nine pages 20 requirement 21 outlining the sexual offender's 22 to register with the department and e, 23 penalty, have you read all thos 24 Mr. Epstein? THE DEFENDANT: Yes, ma'am. 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233395 33 1 THE COURT: Do you understand you will 2 will be required to register and this 3 be an ongoing life long obligation? THE DEFENDANT: Yes, ma'am. 4 5 THE COURT: And this registration 6 occurs when? MS. BELOHLAVEK: Within 48-hours of 7 8 release. 9 THE COURT: So when he gets out of s to 10 the Palm Beach County jail, he need 11 register? Okay. And the department -- who form? 12 is going to provide him with the MR. GOLDBERGER: He actually 13 Office, Your 14 registers out at the Sheriff's 15 Honor, we can do it out there. THE COURT: Okay. It has been 16 is the 17 brought to my attention that FDLE handle 18 one who is statutorily required to our 19 these registrations but some of n it upon 20 municipal jurisdictions have take 21 themselves to impose additional ? 22 requirements, y'all understand that MS. BELOHLAVEK: Correct. 23 MR. GOLDBERGER: Right. 24 THE COURT: What you are telling him 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233396 34 e of 1 he has to do is the official Stat 2 Florida registration? MS. BELOHLAVEK: Correct. 3 THE COURT: Mr. Epstein, I need to 4 's what's 5 make sure you understand that that required by this plea. Anyone on 6 required to 7 probation, community control is live and abide by the laws. So if a 8 in should 9 jurisdiction you choose to reside requirements 10 have some additional municipal r to comply 11 you will be required in orde like you 12 with the law of living there, just speeding 13 can't get a parking ticket or regulations 14 ticket, to comply with those understand 15 but I want to make sure you ndants who 16 because I have seen some defe If you 17 have been confused about this. of Palm 18 don't, for example, if the Town not take 19 Beach has you register that does care of your requirement. Your requirement 20 Sheriff's 21 to register with FDLE through the must be 22 office is separate, distinct and their 23 done on their form according to 24 schedule. THE DEFENDANT: Yes, ma'am. 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233397 35 1 THE COURT: And if my experience the are 2 last few months is of any value, they . They 3 very serious about enforcing this of your 4 will be tracking you for the rest life. Do not move. Do not go -- I don't 5 y 6 care when you are done with communit where 7 control, they need to know exactly without 8 you are and if you go anywhere you will be 9 registering, they will find and 10 locked up. THE DEFENDANT: Yes, ma'am. 11 THE COURT: Okay. Any questions 12 13 about that? THE DEFENDANT: No, ma'am. 14 THE COURT: Did you read the plea in 15 ribes all 16 the circuit court form that desc entering 17 the rights you are giving up by 18 this plea? THE DEFENDANT: Yes, ma'am. 19 THE COURT: I think I asked you 20 21 before, can you read? THE DEFENDANT: Yes. 22 23 THE COURT: Are you under the medication 24 influence of alcohol, drugs or 25 today? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233398 36 THE DEFENDANT: No, ma'am. 1 THE COURT: Normally taking any 2 3 prescribed medication? THE DEFENDANT: Only for cholesterol. 4 THE COURT: Does that interfere with 5 6 your mental ability? THE DEFENDANT: No. 7 THE COURT: Do you understand you 8 t to trial 9 have an attorney, you have a righ to be a jury 10 by jury, there is not going 11 trial. There won't be witnesses called. d have a 12 That your attorney and you woul examine, do you 13 right to confront and cross call 14 understand you have a right to t would 15 witnesses of your own and the cour r attendance 16 issue subpoenas to compel thei called by the 17 just like any other witness -- absolute 18 State, that you have the right you would 19 right to remain silent and that at the trial 20 not have to say or do anything understand 21 if there were a trial, do you 22 those rights? THE DEFENDANT: Yes, ma'am. 23 THE COURT: Do you understand if you 24 your plea 25 are not a United States citizen PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233399 37 pursuant 1 could subject you to deportation rning the 2 to the laws and regulations gove 3 United States Immigration and court has 4 Naturalization Service and this such 5 no jurisdiction or authority in ? 6 matters, do you understand that THE DEFENDANT: Yes. 7 THE COURT: Has anybody threatened 8 you anything 9 you, coerced you or promised to get 10 other than the terms of this plea 11 you to enter this plea? THE DEFENDANT: No. 12 THE COURT: Do you understand this is 13 14 a plea in criminal court? THE DEFENDANT: Yes, ma'am. 15 THE COURT: This has -- in criminal 16 e of 17 court in Palm Beach County, Stat do 18 Florida. I have absolutely nothing to ers in any 19 with any civil matters or matt rstand that? 20 other jurisdiction, do you unde THE DEFENDANT: Yes, ma'am. 21 THE COURT: Is this plea in any way 22 tations by 23 tied to any promises or represen sdictions? 24 any civil attorneys or other juri MR. GOLDBERGER: May we come sidebar 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233400 38 1 on that, Your Honor? 2 THE COURT: It is going to be 3 recorded. 4 MR. GOLDBERGER: That's fine. 5 THE COURT: Defendant needs to 6 approach as well. 7 (whereupon, there was a conference at 8 the bench.) 9 MR. GOLDBERGER: The reason why I 10 asked to come sidebar, there is a 11 nonprosecution agreement with the United 12 States Attorney's office that triggers as a 13 result of this plea agreement. In other 14 words, they have signed off and said they 15 will not prosecute Mr. Epstein in the 16 Southern District of Florida for any 17 offense upon his successful taking of this 18 plea today. That is a confidential 19 document that the parties have agreed to. 20 Just in an abundance of caution, I wanted 21 to tell the court. 22 THE COURT: I understand, that would 23 also be invalidated should he violate his 24 community control? 25 MR. GOLDBERGER: Absolutely. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233401 39 1 nonprosecution agreement -- 2 MS. BELOHLAVEK: They spell all that 3 out. 4 THE COURT: Mr. Epstein needs to come 5 closer. 6 Mr. Epstein, your attorney has 7 told me that in addition to everything, we 8 talked about another Inducement, shall we 9 say, to your taking this plea is that the 10 U.S. Attorney for the Southern District of 11 the State of Florida, federal prosecutor, 12 has agreed to a nonprosecution agreement 13 with you, meaning that if you successfully 14 complete probation and do everything you're 15 supposed to, they have, have agreed not to 16 prosecute you federally, did you understand 17 that? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: And I would view that as 20 a significant inducement in accepting this 21 plea. 22 MS. BELOHLAVEK: They are actually in 23 court here today, also. 24 THE COURT: Okay. 25 MR. GOLDBERGER: And the plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233402 40 1 agreement very carefully spelled out if 2 there was a breach that would violate this 3 agreement, so we are well aware of it. 4 THE COURT: Okay. I would request 5 that a sealed copy of that Mr. Epstein 6 has signed that document? 7 MR. GOLDBERGER: Yes, I would like to 8 seal the copy. 9 THE COURT: I want a sealed copy of 10 that filed in this case. That is the only 11 other condition of the agreement that is 12 influencing this defendant to make this 13 decision? 14 MR. GOLDBERGER: Absolutely. I think 15 that's the right idea. 16 (Return to open court.) 17 THE COURT: Mr. Epstein, is there 18 anything else? 19 THE DEFENDANT: No, ma'am. 20 THE COURT: Because I don't take 21 these pleas unless they are freely and 22 voluntarily made. 23 THE DEFENDANT: I understand that. 24 THE COURT: I also don't want 25 somebody or anybody coming back a year, PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233403 41 1 two years from now saying, oh no, no, they 2 beat me over the head or if there is 3 anything else that is influencing you to 4 make this decision, then I need to know 5 about it. 6 THE DEFENDANT: I understand that. 7 MR. GOLDBERGER: Thank you. 8 THE DEFENDANT: Thank you very much, 9 Your Honor. 10 (Return to open court.) 11 THE COURT: All right, Mr. Epstein, 12 any questions about the rights you are 13 giving up by entering this plea? 14 THE DEFENDANT: No ma'am. 15 THE COURT: State, please give me a 16 factual basis. 17 MS. BELOHLAVEK: In 069454 CF AMB, 18 between August 1, 2004 and October 31, 19 2005, the defendant in Palm Beach County 20 did solicit or procure someone to commit 21 prosecution on three or more occasions. 22 And in 08 CF 9381 CF AMB between 23 August 1, 2004 and October 9, 2005, the 24 defendant did procure a minor under the age 25 of 18 to commit prostitution in Palm Beach PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233404 42 1 County also. 2 THE COURT: I find a sufficient 3 factual basis to support the pleas. 4 Are all of the victims in both of 5 these cases in agreement with the terms of 6 this plea? 7 MS. BELOHLAVEK: I have spoken to 8 several myself and I have spoken to 9 counsel, through counsel as to the other 10 victim, and I believe, yes. 11 THE COURT: And with regard to the 12 victims under age eighteen, is that 13 victim's parents or guardian in agreement 14 with the plea? 15 MS. BELOHLAVEK: That victim is not 16 under age 18 any more and that's why we 17 spoke with her counsel. 18 THE COURT: And she is in agreement 19 with the plea? 20 MS. BELOHLAVEK: Yes. 21 THE COURT: And community control 22 will be given information concerning how to 23 contact these victims? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: Confidentially. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233405 43 1 information will not be related to the 2 defendant but will be used exclusively for 3 purposes of verifying compliance with this 4 agreement? 5 MS. BELOHLAVEK: Yes. 6 THE COURT: Is there anything else 7 from anybody else before I accept this 8 plea? 9 MR. GOLDBERGER: No, Your Honor. 10 THE COURT: Mr. Goldberger, if it is 11 your desire, you may enter your client's 12 plea. 13 MR. GOLDBERGER: Thank you, Your 14 Honor, at this time we would withdraw our 15 previously entered pleas of not guilty, 16 enter pleas of guilty pursuant to 17 negotiations with the State. 18 THE COURT: Mr. Epstein, I am going 19 to accept those pleas on your behalf. I 20 find you are intelligent, alert, you 21 understand what is going on here and the 22 consequence of entering this plea, you are 23 doing it freely and voluntarily. 24 Pursuant to the plea, I am waiving 25 a PSI, I will sentence you at this time PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233406 44 1 pursuant to it. I will adjudicate you 2 guilty of felony solicitation of 3 prostitution, a third degree felony, case 4 number 06 CF 00945A -- 454 AMB, and 5 procuring a person under 18 for 6 prostitution, a second degree felony 08 CF 7 009381AMB. 8 With respect to the solicitation 9 of prosecution, I will sentence you to 10 twelve months in the Palm Beach County 11 detention facility with credit for the one 12 day served. 13 With respect to 08 CF 009381, I 14 will sentence you to six months in the Palm 15 Beach County detention facility, with 16 credit for the one day served. That six 17 month sentence is to be served consecutive 18 to the twelve month sentence. 19 Following the six month sentence 20 you will be placed on 12 months of 21 community control. That will be on both 22 cases, I assume, to run concurrently, 23 correct? 24 MS. BELOHLAVEK: Only on the 08 case. 25 THE COURT: Only on the second degree PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233407 45 1 felony? 2 MS. BELOHLAVEK: Correct, the one 3 that designates him a sexual offender. 4 THE COURT: Okay. So only on case 5 number 08 CF 009381AMB will you be on one 6 year community control which would then 7 invoke a potential penalty of fifteen years 8 were you to violate. 9 The special conditions are that 10 you are to have no unsupervised contact 11 with minors and the supervising adult must 12 be approved by the Department of 13 Corrections. You are to be designated a 14 sexual offender pursuant to Florida Statute 15 943.0435 and you must abide by all 16 requirements of that statute which I have 17 read and we have discussed. 18 You will remain confined to your 19 residence except one half hour before and 20 after your approved employment, community 21 service work or other activities approved 22 by your probation officer. You will 23 maintain an hourly accounting of all your 24 activity on a daily log which you submit to 25 the supervising officer upon request. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233408 46 1 You will be residing at 358 El 2 Brillo Way, Palm Beach, Florida 3348 0. 3 Should you desire to move or go to a 4 different location upon release from 5 custody, you will get preapproval of that 6 location from the Department of 7 Corrections. You will have to contact your 8 community control officer a minimum of once 9 a week, it can be more often at thei r 10 discretion and you are to work at the 11 Florida Science Foundation at 250 12 Australian Avenue in West Palm Beac h, 13 Florida. You will submit to a mandatory 14 curfew of 10 p.m. to 6 a.m. 15 You shall not live within a 16 thousand feet of a school, day care center, 17 park, playground or other place wher e 18 children congregate. You shall not have 19 any contact with the victims, directly or 20 indirectly including through a thir d person 21 unless approved by victim's therapis t and 22 the sentencing court. 23 You shall not work for pay or as a 24 volunteer at any school, day care center 25 park, play ground, other place wher e PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233409 47 1 children may congregate. You shall not 2 view, own or possess any obscene 3 pornographic or sexually stimulating or 4 visual, auditory material including 5 telephone, electronic media, computer 6 programs, computer services that are 7 relevant to deviant behavior. 8 You shall submit two specimens of 9 blood to Florida Department of Law 10 Enforcement to be registered with the DNA 11 data bank. You shall submit to a 12 warrantless search by the probation officer 13 or community control officer of your 14 person, residence or vehicle. 15 You shall maintain a driving log. 16 You shall not drive a motor vehicle while 17 alone without prior approval of the 18 supervising officer. 19 You shall submit to, at 20 probationer or community control expense a 21 HIV test, the result of which is to be 22 released to the victims or victim's parent 23 or guardian. That has to be done within 48 24 hours. 25 You shall not obtain or a use post PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233410 48 1 office box without the prior approval of 2 the supervising officer. 3 MS. BELOHLAVEK: You forgot one that 4 you may not possess, own or view sexually 5 stimulating -- I don't believe you read 6 that outloud just now. 7 THE COURT: Yes, I did. 8 MS. BELOHLAVEK: I'm sorry, I didn't 9 hear it. I just wanted to make sure. 10 THE COURT: And the warrantless 11 search by the community control offi cer of 12 the person, residence or vehicle -- 13 understand the person, residence or vehi cle 14 includes anything you might possess like 15 computer, a cell phone and whatever other 16 elaborate devices there are to comm unicate 17 electronically these days, okay. Good 18 luck. 19 MR. GOLDBERGER: Thank you. 20 MS. BELOHLAVEK: Thank you. 21 THE COURT: Is there a judgment? 22 MR. GOLDBERGER: Yes, there should be 23 judgments. 24 THE COURT: Was there a condition of 25 community control that he pay or is he PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233411 49 1 paying it? 2 MR. GOLDBERGER: Actually there is a 3 cash bond posted, court cost can be 4 deducted from the cash bond. 5 THE COURT: $574 is the total? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: Is that to cover both 8 cases? 9 MR. GOLDBERGER: Yes. 10 THE COURT: Thank you. 11 MR. GOLDBERGER: Thank you, Your 12 Honor. 13 (whereupon, at 9:48 o'cloc k a.m. the 14 proceedings before the Cou rt concluded.) 15 16 17 18 19 20 21 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233412 50 1 CERTIFICATE 2 3 THE STATE OF FLORIDA, 4 COUNTY OF PALM BEACH. 5 I, PHYLLIS A. DAMES, Official Cour t 6 Reporter for the Fifteenth Judicial Circuit, 7 Criminal Division, in and for Palm Beach County, 8 Florida; do hereby certify that I was authorized 9 to and did report the foregoing proceedings before 10 the Court at the time and place aforesaid; and 11 that the preceding pages numbered from 1 through 12 49, inclusive, represent a true and accurate 13 transcription of my stenonotes take n at said 14 proceedings. 15 IN WITNESS WHEREOF, I have here unto 16 affixed my official signature this 19th day of 17 July, 2008 18 19 20 21 PHYLLIS A. DAMES 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233413 EFTA00233414 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (I) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(6); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(O, with minor females; in violation Page 1 of 7 EFTA00233415 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of IL Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 EFTA00233416 Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495/VOCXNEB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA00233417 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA00233418 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal char es a ainst an otential co-cons irators of E stein including but not limited t Further, upon execution o rs agreement and a plea agreement with the tate ttorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00233419 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. //I /// /// Page 6 of 7 EFTA00233420 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that be understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: ra,, ASSISTANT U.S. ATTORNEY Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00233421 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. It ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSIS FAN I U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: 7 J9- `t' 0 7 RALD LEFCOUR ESQ. ( Th OUNSEL TO JEFFR .Y EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00233422 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated:÷A cR- A ESQ. ATTORNEY FOR JEFFREY EPSTEIN Pap 7 of 7 EFTA00233423 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as foI lows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 713. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00233424 been read and um , Eps tein ass erts and certifies that the above has By signing this Add end to the Non- tein her eby , stat es tha t he understands the clarifications explained to him. Eps ees to comply with them. Prosecution Agreement and agr K. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: Dated: ASSISTANT U.S. ATTO Dated; /4 74 Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY POR JEFFREY EPSTEIN EFTA00233425 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: 11.0 10 J /VI U.O. rl I I %/RING T Dated: JEFFREY EPSTEIN Datcd ERALD LEFCO RT ESQ. COUNSEL TO JEFFR Y EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00233426 r By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: fr 23 LILLY ANNSANCHEZ, ES ATTORNEY FOR JEFFREY EPSTEIN EFTA00233427 U.S. Department of Justice United States Attorney Southern District ofFlorida R ALEXANDER ACOSTA 99 N.E 4 Steen UNITED STATES ATTORNEY Mani, FL .11131 (305)961-9100 • Telephone (105)510.6444 • Focsonde December 19, 2007 DELIVERY BY FACSIMILE Lilly Ann Sanchez Fowler White Burnett, PA Re: Jeffrey Epstein Dear Ms. Sanchez: I write to follow up on the December 14" meeting between defense counsel and the Eps 'n prosecutors, as well as our First Assistant, the Miami FBI Special A ent in Ch e and mysel . 2 Section 2255 provides that: "Itt]ny person who, while a minor, was a victim of a violation of [enumerated sections of Title IS) and who suffers personal injury as a result of such violation . . . may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee." EFTA00233428 With this in mind, l have considered defense counsel arguments regarding the Section 2255 portions of the Agreement. As I previously observed, our intent has been to place the victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the intent. During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as l wrote previously, appear far from simple to understand. I would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple fashion. I would replace Paragraphs 7 and 8 with the following language: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the panics to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 2 EFTA00233429 1111111111111 Sinccrcly, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 3 EFTA00233430 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (I) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 7 EFTA00233431 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below, If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 EFTA00233432 Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXN113) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA00233433 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, atter Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA00233434 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommcndation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against an potential co-conspirators of including but not limited Further, upon e ecution o agreement and a plea agreement with the State ttorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00233435 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. //I /// //I Page 6 of 7 EFTA00233436 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: 77a9-- Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN it. Page 7 of 7 EFTA00233437 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: cif/9-410 7 E.St RAL LEFCO ESQ. 9 "... OUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00233438 By signing this agreement, Epstein asserts and certifies that the above has been road and explained to hint Epstein hereby states that ho understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00233439 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT l'I' APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement Is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 71.1. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00233440 ve has been read and , Eps tein ass erts and certifies that the abo By signing this Ad den dum ations to the Non- Eps tein here by, stat es that he understands the clarific explained to him. ees to comply with them. Prosecution Agreement and agr IL ALEXANDER ACOSTA UNITED STATES ATTORNEY By: Dated: ASSIST Y Dated: % ri g — Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. IN ATTORNEY FOR JEFFREY EPSTE EFTA00233441 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: 010 I AIN I U.J. A l l VI\Pill 1 Dated: Dated: RALD LEFCO RT ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00233442 1 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that ho understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: itkaa" LILLY A ANCHEZ, ES ATTORNEY FOR JEFFREY EPSTEIN EFTA00233443 U.S. Department of Justice United States Attorney Southern District ofFlorida R ALEXANDER ACOSTA 99 N.E 4 Simi UNITED STATES ATTORNEY Mann* FL 33132 (305) 961-9I00 • Telephone O0O530-6444 • Facsimile December 19, 2007 NLIVERY BY FACSIMILE Lilly Ann Sanchez Fowler White Burnett, PA 11Of II.;•.1.A.111 A. . Igh Re: Jeffrey Epstein Dear Ms. Sanchez: I write to follow up on the December I41h meeting between defense counsel and the Eps prosecutors, as well as our First Assistant, the Miami FBI Special A ent in Charge and mysel . 2 Section 2255 provides that: tiny person who, while a minor, was a victim of a violation of [enumerated sections of Title I SI and who suffers personal injury as a result of such violation .. . may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee." EFTA00233444 With this in mind, I have considered defense counsel arguments regarding the Section 2255 portions of the Agreement. As I previously observed, our intent has been to place the victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the intent. During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as 1 wrote previously, appear far from simple to understand. 1 would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple fashion. I would replace Paragraphs 7 and 8 with the following language: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title IS, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 2 EFTA00233445 1 aIIIIIIIIIIIIIIIIIIIIIIr alliIIIIIIIIIIIIIIIIIIIIIIIIIN Sincerely, r/lify--J R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 3 EFTA00233446 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CRIMINAL DIVISION "W" IN RE: IN-HOUSE ARREST AND WORK RELEASE PROGRAMS DIVISION "W' CASES AMENDED ORDER RE: IN-HOUSE ARREST AND WORK RELEASE The Sheriff of Palm Beach County is authorized to establish criteria for the consideration and review of inmates requesting the Work Release and In-House Arrest Programs while serving time in the Palm Beach County Detention Center or Stockade Caving been sentenced in this Division)Persons admitted to either program shall be at the sole discretion of the Sheriff and his staff in determining their suitability. The undersigned takes no position with respect to the eligibility of any inmate sentenced in this Division unless specifically stated at time of sentencing. DONE AND ORDERED in Chambers, at west Palm Beach, Palm Beach County, Florida, this the 11'" day of March, 2005, nunc pro tunc to February 1.7, 2005. • S;GNED AND DATED MAR I 1203 SANDRA K. McSORLEY Circuit Judge JUDGE SANDRA K. McS0RLE1 copies furnished: State Attorney for Division V". via Inter-office mall Public Defender for Division "W", via inter-office mall D/S E. Sobtino, EFTA00233447 Page 2 of 10 33 FL ADC 33-601.602 Page Rule 33-601.602, F.A.C. Fla. Admin. Code Ann. r. 33-601.602 C (f) Net Earnings -- Gross pay less withholding tax, FLORIDA ADMINISTRATIVE CODE AN- social security deductions, and any legally required NOTATED court ordered civil deductions. TITLE 33. DEPARTMENT OF CORREC- TIONS (g) State Classification Office -- A staff member at CHAPTER 33-601. CLASSIFICATION AND the central office level who is responsible for the CENTRAL RECORDS review of inmate classification decisions. Duties in- Current with rules included in the January I I, 2007 clude approving or rejecting Institutional Classific- issue of the Florida ation Team (ICT) recommendations. Administrative Weekly; see scope message for spe- cific rules in effect. (h) Work Release Center -- Refers to a facility 33-601.602. Community Release Programs. where a community based transition program is conducted for approved community custody in- (I) Definitions. mates prior to release from custody. (a) Community Release — Any program which al- (i) Work Release Inmate Monitoring System lows inmates to work at paid employment or parti- (WRIMS) -- A web site application used by work cipate in education, training, or substance abuse release facility staff to record information related to treatment programs in a work release center, con- an inmate's participation in community work re- tract community work release facility, or com- lease. munity contract facility, or voluntarily work with a public or nonprofit agency in the community. (2) Inmate Conduct While on Community Release. (b) Work Release -- The portion of the community (a) During the inmate orientation process, which release program which allows inmates to work at shall occur within three days of arrival at a com- paid employment in the community while continu- munity work release center, inmates will be instruc- ing as inmates of the facility where they are con- ted of the following conduct requirements. Upon fined. completion of the orientation program, the inmate shall be given a Certificate of Orientation, Form (c) Community Study Release — The portion of the DC6-126. Form DC6-126 is incorporated in subsec- community release program which allows inmates tion (16) of this rule. to attend an educational or vocational facility or participate in a training program in the community 1. Directly and promptly proceed to and return while continuing as inmates of the facility where from their destination using the approved method of they are confined. transportation and route designated by the correc- tional officer major or facility director of a contract (d) Community Volunteer Service — An activity facility. which allows inmates housed at a work release cen- ter or contract facility to voluntarily work with a 2. Remain within the area designated for their governmental or nonprofit agency in the com- community release. munity. 3. Return to the facility to which assigned at the (e) Modality II -- A community based residential scheduled time. substance abuse treatment program for inmates. 4. Return to the facility to which assigned imme- O 2008 Thomson Reuters/West. No Claim to Orig. U.S. Govt. Works. httn.//weh7. westlaw r.nm/nrint/nrintctream acrty9cv=Snlit&nrft=1-ITTAT.PRifrs= tnrafirm= Iinannnst EFTA00233448 Page 2 of 8 WShw. West's F.S.A. § 951.24 Page 1 C Effective:fSee Text Amendments) West's Florida Statutes Annotated Currentness Title XLVII. Criminal Procedure and Corrections (Chapters 900-999) (Refs & Annos) Chapter 951. County and Municipal Prisoners (Refs & Annos) 951.24. Extend the limits of confinement for county prisoners (1) Any county shall be deemed to have a work-release program upon the motion of that county's board of county commissioners which shall require the concurrence of the sheriff of the county. (2Xa) Whenever punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discre- tion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment, conduct his or her own business or profession, or participate in an educational or vocational training program, while continuing as an inmate of the county facility in which he or she shall be confined except during the period of his or her authorized release. (b) Any prisoner, at the time of sentencing or thereafter, may request the court in writing for the privilege of be- ing placed on the work-release program. The Department of Corrections, upon the request of the court, is author- ized to conduct such investigations as are necessary and to make recommendations to the court pertaining to the suitability of the plan for the prisoner and to supervise such prisoner if released under this program. Such a re- . lease may be granted by the court with the advice and consent of the sheriff and upon agreement by the prisoner. The court may withdraw the privilege at any time, with or without notice. (c) No person convicted of sexual battery pursuant to s. 794.011 is eligible for any work-release program or any other extension of the limits of confinement under this section. (3Xa) The wages or salary of prisoners employed under this program may be disbursed by the sheriff pursuant to court order for the following purposes in the order listed: 1. Board of the prisoner. 2. Necessary travel expense to and from work and other necessary incidental expenses of the prisoner. 3. Support of the prisoner's legal dependents. O 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. httn://web2.westlaw.com/nrint/nrintstream asnx?nrf1=1-1TMT .F.Rtifm=hlritRetRirlectirixtinn 11 nannnR EFTA00233449 Page 3 of 8 West's F.S.A. § 951.24 Page 2 4. Payment, either in full or ratable, of the prisoner's obligations acknowledged by him or her in writing or which have been reduced to judgment. 5. The balance to the prisoner upon discharge from his or her sentence, or until an order of the court is entered declaring that the prisoner has left lawful confinement, declaring that the balance remaining is forfeited, and dir- ecting the sheriff to deposit the funds in the general fund of the county to be spent for general purposes. (b) The sheriff may collect from a prisoner the wages or salary earned pursuant to this program. The sheriff shall deposit the same in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. Such wages and salaries shall not be subject to garnishment in the hands of either the employer or the sheriff during the prisoner's sentence and shall be disbursed only as provided in this section. (c) Every prisoner gainfully employed is liable for the cost of his or her board in the jail as fixed by the county. The sheriff shall charge the prisoner's account, if he or she has one, for such board. If the prisoner is gainfully self-employed he or she shall deposit with the sheriff an amount determined by the court sufficient to accom- plish the provisions of subparagraphs (a)1.-5., in default of which his or her privileges under this section are automatically forfeited. (d) The board of county commissioners of any county may, upon the recommendation of the sheriff, authorize the person in charge of a county stockade or workcamp to implement paragraphs (a), (b), and (c), when such fa- cility is not directly under the sheriff. (4) Any prisoner who willfully fails to remain within the extended limits of his or her confinement or to return within the time prescribed to the place of confinement shall be deemed an escapee from custody and shall be subject to punishment as prescribed by law. (5) Exchange for the purpose of work-release of county prisoners among other counties of the state that have im- plemented work-release programs is hereby authorized, with the concurrence of the sheriffs of the involved counties. For the purpose of this subsection, upon exchange, the prisoner shall be deemed a prisoner of the county where confined unless or until he or she is removed from extended confinement status. Prisoners from other jurisdictions, serving lawful sentences, may also be received into a county work-release program as above provided. (6) In carrying out the purpose of this section, any board of county commissioners may provide in its annual budget for payment to the Department of Corrections out of funds collected from those being supervised such amounts as are agreed upon by the board and department to be reasonable and necessary. County judges are hereby authorized to levy SIO per month upon those supervised for purposes of paying for supervision under this act. CREDIT(S) A 1," EFTA00233450 II/25/2058 15:28 3553626 orketat I tsarina: STATE OF FLORIDA IN THE FIFTEENTH JUDICIAL Plaintiff CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY -Vs- 8026(13fl CASE NUMBER DIVISION MCSORIAV "W" JEFFREKL_Elagja DC NUMBER W351755 Defendant .15.4/JAIL MIT CIRCUIT NUMBER' ORDER OF COMMUNITY CONTROL I present before the court, and you This cause coming before the Court to be heard, and you, the defendant, being now having CE) entered a plea of guilty to CI been found guilty bYjurY verdict of O entered a plea of nob contendere to El been towae guilty by the court trying the cane without a jury of Count I yROCUfl PERSON UNDER AcEnoRFROSTIToTiON SECTION 1: JUDGMENT OF GUILT O The court hereby adjudges you ro be guilty of the above oticase(s). and that you be placed Now, themfore, it is ordered and adjudged that %a imposition of sentence is he oby withheld subject to Florida law. on Probation I %r a period of under the supervision of the Department of Corrections, SECTION 2; ORDER WITIIHOLDING ADJUDICATION ❑ Now. therefore, it is ordered and adjudged that the adjudication of guilt is hereby withheld and that you be placed on Probation for a period of_ nude- the supervision of the Department of Corrections, subject to Florida law. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE It in hereby ordered and adjudged that you be: committed to the Department of Corrections or confined In the County Jail fors term of with credit for jail time. After you hawserved of the term, you shall be placed on Probation for a period of under the supervision of the Department of Corrections, subject to Florida law. or • confined in the County Jail for a term of SIX (61 MONTHS A$ TO COUNI I vov-ovi© I)Y TWELVE movn.q. COMMUNITY Calk% I coNsrortivm TO MI (12INION1MENTENCE IN CAS) g 2129EF00945AAMB with credit for 2( yA fl/DAY jail time, as a special cet:dlcion of supervision. Ifl3Iil3 1J'Aitift 00 H3 V3 0 WM/3 'N300 14 U0SVHS )p SS wd I -Inc 800Z 03 -11J Page 1 of8 Form Revised 0211-08 EFTA00233451 esn.us t laCIPILPIFIL.' rreac. Oa 00 11/ 25/ 2t388 15:28 3553626 JEFFREY EPSTEN CASEN502008CF009381AMMAR as provided by ?loam ED Out you eball comply with the following gist g‘imml.jtnligiiMtradsn ins FURTH ER ORDER law. unless othawisedimoted, you will . Not later than the fifth day of each month, (1) You will report to No probation office as directed . form provided for that purpose • make it full and ttulhfal•rntort to your officer on the your supervision in per month, as well as 4% surcharge, toward the, post of (2) You nal pay the State ofFlorida the amount of S50.00 Florida Stelae& unless otherwise exempted in compliance with accordance with 8: 948.09, of your residence change your residence or employment or have the county • (3) You will remain in a specified place. You will not without first procuring th0000s ent of your officer. weapon, unless authorized by the court (4) You will not possess, carry or own any funtur or a violation to constitute a on in a court of law shall not be necessary for such (5) You will live without :viokting the law. A convicti violation of your probetiorkommunity control. in any criminal activity. (6) Yon will not associate win any person engaged wfll.you visit , or narcotics unless prmoribed by a physicist .Nor (7) You will not tees intoxiccats to excess or possess any drags es are emlaw/bIly sold, dispens ed or used. places whcrc intoxicants, drugs or other dangerous subsum ents to the your employer of your probation stasis, and support any depend (8) You will work diligently al a lawfal occupation, advise best of your ability, as directed by your officer. In. to you by the court or the officer, and allow year officer to visit (9) You will prompdy and trot/O211y answer all Inquiries directed comply with all instructions your officer may give you; will your home, at your employment site or elsewhere, and you special conditions imposed or In accordance with the attached (10)You will pay resdrution, court costs, and/or fees in accordance with orders. • onal staff of the treatment crew where he/she is (I t)You will submit to random testing as directed by your officer or the professi will be required to pay for the tests unless exempt receiving treatment ro determine the presence of alcohol or illegal drugs. You by the court. for DNA analysis as prescribed in ss 943.325 and (12)You will submit two biological specimens, as directed by your office?, 948.014. F.S. n office in /ALM BEACH County, (13)You will report in person within 72 hours of your release from incineration to the probatio Florida, unless otherwise instructed by the taut or departm ent. able conditio n applies orgy if section 3 on the previous page is RUS AVENUE, checked,) Otherwise, you must report immediately to the probation officer located at $444 SOUTH CONG H. ).Axe WORT FL 334614 Page 2 of 8 Form Revised 01.18-08 EFTA00233452 11/25/2008 15:28 3553626 elKt.LII I LICIMINAL STATE OF FLORIDA IN THE FIFTEENTH JUDICIAL Plaintiff CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY -vs- CASE NUMBER zalitcavawanua JEFFREY E. EPSTEM DIVISION DICSORLEY "VP" Defendant DC NUMBER W3S755 CIRCUITNUMBER: 15-4/JAL SPLIT ORDER OF COMMUNITY CONTROL I This cause coming before the Court to be beard, and you, the defendant, being now present before the court, end you having entered a plea of guilty to ❑ been found guilty by jury verdict cf ❑ entered a plea of nolo conteosere to ❑ boon found sulky by the court eying the case without a jury of Count mem FERSON UNDER AGEO, 18 FOR FROSTITUTXON SECTION I: JUDGMENT OF GUILT CO The court hereby adjudges you to be guilty of the above offoose(s). Now, therefore, it is ordered and adjudged that the imposition of sentence h hereby withheld and that you be placed on Probation I for a period of under the supervision of the Depertivnt of Corrections, subject to Florida law. SECTION 2i ORDER WITHHOLDING ADJUDICATION • 0 Now, therefore, it is ordered and adjudged that the adjudication of guilt is hereby withheld and that you be placed on Probation bra period of_ tinder the supervision of the Department of Corrections, subject to Florida law. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE It is hereby ordered and achudgod that you be: O committed to the Department of Corrections or confined in the County Jail for a term of with credit for jail dew After you have served of the term, you shall be placed on Probation for a period of under the supervision of the Department ofCorreotions, subject to Florida law. or confined in the County flail fora tern of SIX (61 MONTHS AS TO COUNT I FOLLOWED DY TWELVE (121 MONTHS COMMUNITY CONTROL I_ONSECUTIVE TO TM (12/ MONTIISENTENCE EN CAStit 2D0SCFQ0945AAMB with credit for ONE (I) DAY jail time, as a special condition of weervision. 1VNI14180 imam inanoo HV3G tiny*, )18313 51309 1101WHs . GS :h Wel lz 0311$ Ease 1 of 8 Form Revised 03.11-08 EFTA00233453 . . II/25/2008 15:28 3553626 citecut UC1M1ran. rmiuc. STATE OF FLORIDA IN Tits Firmarrat Amami Plaintiff CIRCUIT COURT, IN AND FOR PALM BRACH COUNTY ' -vs- C4SEN'UMBER $02006'CR11091£IAE1QMI B. HMARE , D2JE DIVISION MCSORWAY "W" Defendant DCNUMBER W35155 CIRCUITNUMBER: 15-4/JATI. SPLIT ORDER OF COMMUNITY CONTROL I This cause coming before the C01111 to be heard, and you, the defendant, being now present before the Doti:110S you having CI entered a plea of guilty to ❑ been found guilty by jury verdiot c( 0 entered a plea of nolo conatudere to ❑ beca found guilty by the court trying the caw without a jury of Count L 7ROCUREXERSON UNDERAGE OF VI FOR PROSTITUTION SECTION 1: JUDGMENT OF GUILT (2/ The court hereby adjudges you to be guilty of the above otTente(s). Now, &reface, it is ordered and adjudged that die imposition of sentence is heroby withheld and that you be placed on Probation I for a period of under the supervision of the Dcparnwnt of Corrections, subject to Florida law. SECTION I; ORDER WITHROLDING ADJUDICATION ❑ Now, therefbte, it is ordered and adjudged that the adjudication of guilt is hereby withheld sad that you be placed on Probation fore period of_ under the supervision of the Department of Corrections, subject to Florida law. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE it is hereby ordered and adjudged that you be: O committed to the Department of Corrections or O confined in the County Jail fore term of with credit for jail time. After you haves served of the term, you shall be placed on Probation far a period of under the supervision of the Department ofCorreetions, subject to Florida law. or confined in the County Jell fora term of pc (6) MONTHS AS TO COUNT 17OLLOWED BY TWELVE (12) MONTHS COMMUNITY CONTROL l_QQNSECUTIVE TO TRE (121MONTE.SENT'ENCE IN CASES ZOOSCF00945AAMB with credit for OhtE CO PAY Jail time, as a spacial condition of supervision. TINIµIS0 imam lattinoo H3V3E1 itivd %rim 51308 1108VHS . SS WcI I Z 1Rf 9002 a311.~ Page 1 of 8 Izorni Revised 03.15-03 EFTA00233454 irate:1.0 s i2iatri.tereat. raisne ' 11/25/20013 3553626 JEFFREY EPSTEIN CASEti502008CF009381AXXXKE • SPECIAL CONDITIONS nocarary, you must successfully complete evaluation and, if truculent is deemed ❑ 1. You mustundergo a Drag sad Alcohol receivin g add evaluation and treatment, unions. treatme nt, and be msportri ble for the paymen t of any coats Mound while the waived by the court. Additional instractiors ordered: until the obligation is paid in MI: ), as directed by the court, ❑ 2. You will make restitution to the following victim(s NAME: TOTAL. AMOUNT; $ orjoint & several: monthly amount, begin date, due date, Additional instructions ordered, including specific NAME: TOTAL AMOUNT: or joint do several: monthly onoount, begin date, duo date, Additional instructions ordered, including specific SPECIAL CONDMONS CONTINUED residential treatment -Secure Drug Treatment Program or other ❑ 3. You will enter the Department of Corrections Non snout:taut completion es approved by your officer. You are to period of orogen &Probation and Restitution Center for a all Rules and Regulations of you successf ully comple te sold Program and Abu-mare You arc to comply with remain until in said program , and if you are confuted in the jail, jail until pineemerti the Program. You shall be confined in the county the Sheriff will transpon you to said program. anyone who is illegal drugs, end you will not associate with ❑ 4. You will abstain entirely rt' ain the use of alcohol and/or illegally using drugs or consuming alcohol. You will to determine the presence of alcohol or illegal drugs. ❑ 5. You will submit to urinalysis, testing on a MOntbh• basis be required to pay for the tests unless exempt by the court. s is the sale and dispensing of alcoholic beverages. ❑ 6. You will not visit any establishment where the ministry busines hours of community service at a rote of ate work site approved by your O 7. You will successfully complete officer. Additional instructions ordered• due to a curfew imposed, unless otherwise directed by the 8. You will remain 31 your residencebetween 10 p.m. and 6 a.m. Court. ic monitoring, and pay per month for the O 9. You will submit to electronic monitoring, follow the rules of electron cost of the monitor ing service, unless otherwi se directed by the court ❑ 10. You will not associate with during the period of supervision. the pericd of supervision. You will have no ccntrect (direct or indirect) with the victim or the victim's family during 12. You will have rto contact (direct or indirect) with during the period of supervision. a ation of school/work 13. You will moinuin full thno employment or unend school/vocational school full time or combin during the term of your supervision. sIdlla or a high school equivalency 14. You will make a good faith effort toward completing basics or funotional literacy diploma. rules and regulations. ❑ IS. You will successfully complete the Probation & Restimtion Program, abiding by all Page 3 of 8 Form Revised 01.18.08 EFTA00233455 JEFFREY EPSTEIN CASE#502008CF0091BIA=MB monthly, u olosa otherwise directed or Narcotics Anonymous meetings at least ❑ 16. You will attend Alcoholics Anonymous by the court. coats incurred while be responsible for the payment of any ❑ 17. You must • sucersstinily complete Auter Manazement, and ic Violenc e offense, as defined in s. 741.28, F.S., you, convicted of a Domest receiving said treatment, unless waived, II directed by the court a intervention program, unless otherwise must attend and successfully complete a batteree Additional instrucnoas ordered: two (2) hours or more than four ) consisting of a class of not leas than O 18. You will attend an HIV/AIDS Awareness Pierian by you. (4) hours in length, the coat far which will be paid warrantless search at any place of residence, vehicle or personal effects to a O 19. You shall submit your parson, property, enforce ment officer. or any law time, by any probation or eonununity control offices RELEASE SEXUAL OFFENDER WHIN 48 HOURS OF 20. DEFENDANT MUST REGISTER AS A TO HAVE NO COMMUNITY CONTROL,TFIE DEFENDANT IS 21. AS A SPECIALCONDITION OF HIS ADULT MUST BE APPROVED BY THE SUPERVISING UNSUPERVISED CONTACT WITH' LNORS, AND THE DEPARTMENT OF CORRECTIONS TE L OFFENDER PURSUANT TO FLORIDA STATU 22. THE DEFENDANT IS DESIGNATED AS A SEXUA ING REQUI REMEN TS or THE STATU TE, A CORRE SPOND 943.05 AND MUST ABIDE WY ALL THE INCORPORATED HEREIN COPY OF WHICH IS ATTACHED HERETO AND E IN COURT AT THE TIME OF THIS PLEA. 23. DEPENDANT HEST PROVIDE A DNA SAMPL E AND PROBATION OFFICER El 24. SPECIFIED CONTACT WITH THE PAROL ENCE DURING HOURS AWAY FROM EMPLOYMENT El 25. CONFINEMENT TO AN AGREED-UPON RESID AND PUBLIC SERVICE ACTIVITIES 25. MANDATORY PUBLIC SERVICE BY MEANS OF AN ELECT RONIC • 26. SUPERVISION, BY THE DEPARTMENT OF CORRECTIONS MONITORING DEVICE OR SYSTE M • 27, ELECTRONIC MONITORING 24 norms PER DAY HOURS ▪ 28. CONFINEMENT TO A DESIGNATED RESIDENCE DURING DESIGNATED LY WITH THE FOLLOWING CONDITION AND, IF PLACED ON DRUG OFFENDER PROBATION, YOU WILL COMP D TO TILE STAND ARD CONDI TIONS LISTE ABOVE AND ANY OTHER SPECIAL OF SUPERVISION iN ADD:TION CONDITIONS ORDERED BY THE COURT: recommended by the (14)Y ou will participate in a specialized drug treatment program, either as an in-patient or out patimt, as r. You trill attend all counsel ing sessions , submit to random urinalys is end, if an inpatien t, you will comply nt treatme provide ed with treatment res of the teetmr.n t facility. You will pay for all costs associat with all operating rules, regulations and procedu and testing unless otherwilo directed. Additional instuctIons ordered: (15) You will =nein nt your residence between p.m, and a.m. duo to a curfew imposed, unless otherwise directed by the court. , IN AND, IF PLACED ON COMMUNITY CONTROL YOU WILL COMPLY WITH THE FOLLOWING CONDMONS ABOVE AND ANY OTHER SPECIA L COND ITION S ADDITION TO THE STANDARD CONDITIONS LISTED ORDERED BY THE COURT: Page4 of 8 Form Revised 0343-08 EFTA00233456 _ ravan -cure 3553626 tam-rutt UK mLam. 11725/28E8 15;28 JEFFREY EPS Inihr CASES50200BCF009381AXXXhill have written consent otherwise. directed, at least:one time a week, unless you • (14)V u will roped to your officer as before and after your approved Grafts:int; approved residence except for one half how • (15)You will remain confuted to your activities approved by your officer. public service work, or any other special will submit to your offices' on request. maintain an hourly accounting of dl your activities on a daily log, which you • .(16)You will at a work site approved by your offica. You will success fully complet e bouts of community service at a Tat of (17) Additional instructions ordered: pay S per month follow the rules of oleetronio monitoring, and (18) You will submit to electronic monitoring, otherwise directed by the court. ❑ for the cost of the monitoring service, tudem QUENSE PROVIDED IN CHAPTER COMMUNITY cotIrtkoL FOR A 87.2f AND, IF PLACED ON PROBATION OR ON ORAZ ULSS UB r 1y S YOU WILL COMPLY WITH 704, s. 800.04, s. 827.071, or s.847,0145, comvirrrED TEIE STANDARD CONDITIONS OFFENDER CONDITIONS, IN ADDITION TO THE FOLLOWING STANDARD SEX BY Tilt COURT : LISTED ABOVE AND ANY OTHER SPECIA L. CONDITIONS ORDERED if the offender's employment The court may designate another 8-hour period (14)A mandatory curfew from. 10 p.m. to 6 a.m. of Correct ions. If the court determiner ive is recommended by the Depanment precludes the above specified time, and the alternat consider alternat ive senetian s. the court may that imposing a curfew would endanger the victim, center, park. playground, or on living within 1,000 feet of a school, day care (15)1f the viotim was under the age of 18, a prohibition court. The 1,000 -foot distanc e shall be measured in a prescribed by the other place where children regularly congregate, as care center, park, playground, or serldat line from the effendi-ea place of residence tomaythe nearest boundary line of the school, day route. measure d by a pedestri an route or automo bile other piece where childrencongregate. The distance not be ners specifically of a sex offender treemzot program with qualified practitio (16) Active purticipation in and successful completion ner is net availab le within a 50.mile radius of . If s qualified practitio trained to treat sex offenders, at the offender's own esperse therapy . in other appropr iate the offender's residence, the offender shall participate y, including through a third person, unless approved by the (17)A prohibition on any contact with the victim, directly or indirectl victim, the offender's therapist, and the sentencing court. with a child under the age of IS except as provided in this (18)11 the victim was under the age of 18, a prohibition on contact under the age of 18 if the approval is based upon a paragraph. The court may approve supervised contact with a child d practitio ner who is basing the recommendetion on a risk es testment. Further, recommendation for contact isaued by a qualifie court may not a sex offender therapy program. the sex offender must be currently enrolled in or have successfidly completed ner and may deny supervised the contact is not recomm ended by a qualL5e 4 practitio grant supervised cement with a child if contact with a child at any time, 85 a volunteer at any places where children regularly (19)11 the victim woe under ego 18, a prohibition on working for pay or congregate, includin g, but not limited to nay school, daycare center, park, playground, pet store, library, zoo, theme par's, or mall. offender treatment program, a prohibition on viawing, (20)Unless otherwiee indicated in the treatment plan provided by the sexual accessing, owning, or potateaing any obscene , pornogr aphic, or sexually stimulating visual or auditory material, including the offender's deviant behavior pattern. telephone, electronic media, computer programa, or computer services that arc relevant to ns to the Florida Department (21)A requirement that the offender submit two specimens of blood or other approved biological specime of Law Enforcement to be registered with the DNA data bat necessary medical (22)A requirement that thc offender make restitution TO the victim, as ordered by the court under s. 775.089 for all and rotated professional services relating to physica l, psychia tric, and psychol ogical cart. residence, or vehicle. (23)Submission to a warrantless search by the community control or probation officer of this offender's person, Page 5 of 8 Form Revised 03.18-0S EFTA00233457 ski tor soots so: so 30;a0040 JEFFREY EPSTEIN CASE1502008CF009381A=MB • COMMITTED ON OR . .. . .,. ..., .. • A • EFFECTIVE FOR PROBATIONEROR COMMUNITY CONTROLLER WHOSE CRIME WAS PROBATIQR ' - . " .." • . • AFTER OCTOBER1 199,7,AND WIR) ISILACED ON COMMUNITY CONTROL OR SEX ormozik 547.0145, IN ADDITION TO ANY OTHER,PROVISION • • • .. • -. ' FOR A VIOLATWN OF CHAPTER 2a 4. $00.04, (4.1;21:071., ore. •• . " t* OF THIS SECTION, YOU MUST COMPLY WITH THE FOLLOWING CONDITIONS OP . SUPERyISIO ..„ .NI.... •• •, -. •• . •. . °nomination° to obtain information necessary tovi*.. . (24)As part of a treatment program, panieipalMn at least simusily in polygraph management and treatment end to reduce the seloffender's denial mechanisms. A polygraph examinationniust be conducted * I . " . .. polygraphier trained specifically in the use of the polygraph for the monitoring of sex offenders, where avilleble, and shall be•paiel ' . by the sex offender. without the prior approval of the supervising (25)Maintenance ofa drivinglog and a prohibition against driving a moor vehicle alone officer. . . approval of the supervising officer. (26)A prohibition analog obtaining or using a post office box without the prior . . . . is'll:sults to byreleased to the victim (27)1f theft was sexual contact, • submission to, at the offender's expense, an HIV teat with th . .. ard/or daviethn'a ?Meat a guardian ,. . . . . supervisor, and ordered by the court at die (28)Eleetronio monitoring when deemed necessary by the probation officer end recommendadon of the Department of Corrections, are placed on supervision for (29) Effective for an offender whose crime was committed on.or after July 1, 2805, and whothe Internet or other computer services violation of chapter 794,1.800.04, s. 827.071, or a. 847.0145, a prohibition on accessing and implements a safety plan until tho offender's sex offender treatment program, after a risk asr.ssment is completed, approves for the offender's Beaming or using the Internet or other computer services. is }tetchy imposed, in addition to (30)Effective for offenders whose crime was committed on or after September 1, 2005, them any other provision in this =lion, mandatory ekctronk monitoring as a condition of supervision for those who: .• Are placed on supervision for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071. ors, 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older, or " Are designated as a sexual predator pursuant to a 77511; or • lies previously been oonviotod o f a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or a. 847,0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years ofage or older. You are hereby placed on notice that should you violate your probation or community control, and the conditions set forth In a. 948.063(1) or (2) are satisfied, whether your probation or community control is revoked or not revoked, you shell be placed on electronic monitoring in aceordsnoe with F.S. 948.063. • • YOU ARE HEREBY PLACED ON NOTICE that the court may at any time rescind or modify any of the conditions of youi probation, or may extend the period ofprobatlon as authorized bylaw, of may discharge you from thriller supervision, If you violate any of the conditions ofyour probation, you may be arrested and the court may revoke your probation, adjudicate you guilty if .• adjudication of guilt was withheld, and impose any sentence that it might ban imposed before placing you on proba0on-or require you to serve the balance of the sentence. Page 6 of S Form Revised 03-IS-OS EFTA00233458 . . . . . . _ USINLUS I 1.41.1.P1LIVIL 11? Zb/ .1S7 itieb JEFFREY EPSTEIN CASENS02008CPOOMIAXMOvi.B • from • ISTDRTFIEE. ORDERED that when you hero beeitimmacted si to.the conditions ofprobation you than be released if you are in custody; and it you jm bond, the sureties thereon shall stand discharged from liability. (This custody are atitbeity peravaph applies only if section I or section 2 is checked.) • . . . ' • of sin* IT IS FURTHER ORDERED that the oleic of this court file this order in the clerk's office and provide cerdfiCd copies the officer for use in compliance with the requirements oflaw. DONE AND ORDERED, on /47V tY Nuric PRO TUNC RfailLbZial Sandra K. hicSorlay, Chat dge I acknowledge receipt of a copy of this order and that the conditions have b Mimed to me and I agree to abide by them. . Date Defendant Instructed by: Supervising Offing ep/074248 Page 7 of8 PortoRevisal 03.18-08 EFTA00233459 • luess.;01a1—:a.En.l.nera: • %ace Via £31£ apo.ioso • • el • JEFFREY EPSTEIN CASEN502008CF009381AXXX.MB ... COURT ORDERED PAYMENTS CHECK ALL TWAT ARE ORDERED:. .. .. .. . : • . -• • • EMU O s___ Total of Bunn:sated in untonce, pranott to 8.775.083 (1)(s) through (g) or Clunk: 316, FS. O 3_, Statutorily mandated 5% surchergc/cost Irina osessed (on first Km) pursuant to s. 938.04, FS, . O 12,59 Crime Stoppers Trust Fund purulent to 3. 938 06(I) F S Stank:11v mandated ifs fine itintorned MANDATORY COST73 IN AM. CASES 12) 000,09 Additional court con for felony offense, pursuant to I. 938,05(iXA), ES. O L.50.09 Addition) court cost for mledtmea Dor or criminal traffic offenta, pursuant to s. 938.05(1)(10 or (c), F.S. O ; 50.00 . Crimes Componeation Trost Fund pursuant tos. 938.03(l), P.S. IS ; 50.09 County Crime Preventko Fund pursuant to s. 775,083(2), F.S. (33) ; 3.09 Additional Coon Casts Clearing Trost Fund pursuant to a. 938.01(1), F.S. O $ Z.00 Per month for each month of suporvIsion for Training Trust Fund Surcharge, pursuant to s. 948.09. P.S. kkhflighlf,2$12)2/aa.~ECIFIC TYPF-c OF CASES O 061.09 Rape Crids Program Trutt Fund, pursuant to I. 938.085, PS. for any violations of ns 784.011, 784.021, 784.034843341; . • 784.045, 784,048,764.07, 784.08, 784.081,784.082,784.083,784.085, or 794.011, P.S. O 5201.09 Domestk %names Trust Fund, pursuant to s. 938.05, FS. for any violations of as. 784.01/, 784.021, 784.01, 784.041, 784.045, 784.048, 784.07, 784.08, 784.081, 784.082,784.083,784.085, 794.011, many offense of Dornosdo Violence datorked Ins. • O ;IN 00 Ctrraln Crimu Against Minors, pursuant to e. 938.10(1), ES. for any violations of a. 784.085, chopta 787, chapter 794. s. 796.03, a. 80064, chapter 827, s. 847.0145, ore. 985.701, F.S. • O 5135.00 DUI Court Ceps, pursuant toe. 93&07, F.S. for any violation of as. 316.193 of 327.35,F-3. O 3,09 State Amoy Law Enforcement RadioSystem Trod Fund, pursuent to s.318.18(17), F.S, for any violations ofoilcans listed Ina 318.17 induding x.316.1935, 316.027, 316.061, 877.111, chunk: 891, as. 316,193,316.192, 316.067, 316.072(3), 316.5450), or sny other Dittnee in chapter 316 wbtoh is classified 19 a criminal violation. MANDATORY COURT COSTS A UTHORIZED 13Y LOCAL GOVERNMENTAL ENTITIES • ; 2.00 Criminal Joint Education by Municipalities and Counties, pursuant ton. 938.1$, F.S. LE 365.00 Additional Court cons for loon) requtrtments and other county funded programs pursuant to 1.939.183(1)(a), FS. O 3 3.00 Tan Court panuent to s. 938.19(2), F.S. DISCRETIONARY O 3 1,00 Per month during iba cum ofnot-video to the following norm TonI organleaden established for the solo purposo of supplomenting rehebilltalvn emu of the Depmtman of Como:Int& pursuant so e. 948.039(2), P.S.: ❑ 540.00 Public Defender Application Ft; if not previously collemod unitised, punuarg to I. 27.52 and a. 938.29, F.S. ❑ s Public Defender Fen and Costs, inforturd to t. 938,29, F.S. as determined locally. E) sag/ Prosecution/Investigative Costs, pursuant to I. 938.27, F.S. ❑ Othr: O Other. DISCRETIONARY COSTS FOR §PRCIFIC TYPES OF CA9A,9 0 Ma County Aleohd and Other Drug Abuse Trutt Fun d, nutmeat tot. 938.21 and e.938.23, F.S. for vlohdont of a. 316,193, s.856.01I, s. 856.015, or chopier 562, chapter 367, or chapter 568. F.S. CD saw operating Trutt Fond of the FDLE, pursuant to 3.938.25, F.S. for violations of a, 893.13 ofensa * TOTALS 473.00 PAYMENT IS TO BE MADE THRODCH AND PAYABLE TO: 0 Department of Corrections or 0 Clan of Coun (If collected by the Depertment of Corrections, a manhunt of 4% will bo added to all pigments ordcrcd by the court, pursuant to s. 94531. P.S.) Court Cosu/Finos Weivcd Coon Cosu/Finos in the amount of convened to community service hours Coun Costs/Flocs in the amount of reduced to civil judgment. SPECIFIC INSTRUCTIONS FOR PAYMENT: Page 8 of8 Form Revised 03-18-08 EFTA00233460 . • . 111, 114....71rt: • ',7r ' t ;e1,4S:c: 1: ‘:Aw. • . ' .- c- : . .W ::: - .7 ' 41446. . ; .; • !: 14 .....„,..:;..............:4L s... .44.. 'i4 _41il .. 1- .. .:: gkir4. 'WeLFW-;T;ruurriet4Fe ST ' or -}1.; VS. • ' %Matt:it/ . Erisy•Ent • ;Airs.- . ,, . • . FELOMY OMER To c 1 It fiessrittplow. - . 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Gun Club ' 68t Piliii.Beach 18.05 N. Dixie, West Palm Beach FACCEEDDEOWARE ENTITLED, Etta COST TONOWTOTHCFACMSIONX/E., - . )460U ARE S PERSON WITH A =AMITY WHO HEEDgNNY accataliconcem ORDER TO PAMSATO WINS TIC mmilTMATWE OFFICE OF THE tCIJRT, PAPJABEACH COUNTY COINTMOUSE, 205:k SCE Weal!ESA . OERTAIN ASSISTANCE Fla% CONTACT NARY JOVE, ADs. COORDINATOR IN •• i CFI/DS NOTICEFWOO ARE HEARING GRIME RIMMED, 99-15,05.8771. WESTFALta BEACH, FL 33401; TELtiNANE ($61) 3t5-4380, WHIN? 'NORMA DAYS OF TINA RECEIPT il I S EFTA00233461 sr- • • -•• • 200SCS00938120Z :SlEPS • ,:•. PERSON UNDER `SS3t4i r Itidge- • "3.; xp;t;,' -: •' ":46Liciati ) •• • • i - :1-4,•••...• sr !."/ 1 - lee'. . • •• • .Q:41,f2. :'. • '•'• '''' ;LV.k •:.:.3t. ..., . 1Dei lailitapiki . Nik/ . ..,. ink I—. lN ..../.• •• ,,. ..s.: ,:47.•,::::::•. , t; .,, - . .. . . - . .. . —• cu f - • .(.1" .0., . - .plitct • . / !tlictuv. i.s. • , 1 - • • 14 V.4.441i* • • .• ..,,,s, fre>. 'IliOtabag$ 't--.c .il'• - 4 s. - - ' -. "CSAY01 4. liri ti:Scit€4' 'r Th ' . . Mi$14.4551irifriMOir:4; 0 .. Waktevolted . .. •Rdsiniteled • - ... '•!.. ..,. • Sid, if Bo' :.:13:ttraiiez " •• 1Sa: .. . ; ii to ' -tr • r.,449.1trA-S4 1155,40ti • -. • 11060,0i.i. ' ,., ill :1190404gitielfgje : 12 • - • ".:ti•••;:a.:.*:4;..:•C:.2.,.. :jr•••• . : . : • , tblM*61 411-17, - *11.04fre! 4 M44MStefairn ..„. -:!--.• , .. . " T.-. 1*tit feit,..•-,. tiffigif t4i,l'erfe.ceS ca t.ur doki —mAtieeta b t't • - • via).... • ...if. . •, 3„).'•<:•: '.:(...;1.‘„,.....1401 .;•?‘ ..;:....::.;:ct•;.• • -.- AVM 0.0taPt. -.... .1 . .• ' ' 46;L:.,...4sim cg ,... . . ihrotEts• • 0). ji•srt.:, 64tiotiLks.tddi: • • .. . ., . . . .. . . lANDS ,ii*O4te11111y 5Pts ' ' ., • "••-, .fa!4•-• 4 4-4.-,..:. 7 7` ts•-••, - ...". .>* "^ . IGAtigaiSSititlatt kb. , - i~ -per • 7 rg*ia,jMrlk•Er0tati : 1141,11TPIPPP :MaACIS;\:' .' It l .' ' AQIC": . . OISP9404 4stA r inicsowmcmk.ed. - • 4011;16;11,00.' .1 44 t9p, i- • 1.4 ta • r .?* Si cu. ;• • 0;*eAt iteAse atayeo gapretote kooptoA wrogitisi epj. . Y.ciiihlitiatriagebititti# .•, , .. • , • • . . •• a , •-•• . r r: • • '• T• • • .• -4:-L-:44-r . •a / 1"7;(40 4re CE-Couctoloichketittliiiiffiistiot .• • ;ace* 1400, *.C•4101-613-arriF4‘4.4:;•-:: ::::104**ifacx1010;:t.elle-thadfret:t. ••::0•32:2$01iti:tiub-Wd;:.'ittreratitrof. • ...• - dintini. OrktAisttinits pRocuonia: • : .. . 13iitittiaH. .**icaigii-wAiiiibctiAtiiptoinbajttai ••latif igismopit oraceoolitcquirrP.mliso - . • c011enPUSLICOLDOE1hViral"SaSk:•'' 4:ento • cotimits.warebacocetimitaimsobl 91MODFPritalgf#11PrOFtlitSNOTCEIF YoU ARE HEAStiOety0ICEIMPAIRED;CALC14(0458417t •" • 1000.4*4 14iigl- 01)3$5:0KWITHO..12114. • *1. fad?! q!'!.10rist•31Q2 ' . EFTA00233462 DATE: age' 2 • .ryn . . . sTAa Prob./ Sex Off/ Drug oti Ko C.C. i c.c. II: __,Ja,.._‘4tio 14-as4{p fs- ..i41-i . .. .,.. ....- • • • • cr-- n /.... . O Cohaec. wt" ,— - • • : .. • . • ..: • O—Pn5batloritrgnSferredle:“ • "•• .. - • - SPEDIAL CONDITIONS:, ' . ' . . . • CI .Q.cimplete.OtiginalIy Ordered Conditione . • . . .- • • . .•_ :. .Q 0urfevic p.m., with•the-fefiewing exception .. Q • Deft;lo fepOrt toPreb.. Dept. immediately upon-release. i ' . subst., device, oriobject. P- Deft. n t p have in care, custody; or control any.t.iniawfulerillaopl.rnalgrial, 'O Deft. to i mecilato notify Prob..Officer if place of residence-brit& changes. • , ....: .., • . .• ' • • 0 Restitution CI3,O filed ' . . . -cr-sutwrtcyairydra- : kreRigoti • O A tane ,use Eva]. / Pay.choligiCaleital: rIzs:yctio, xuarcval. within / by' , •- -,•-•-te7 • • 4 .. 4.„ . 1400,v.Alf6 ,. .. • 0. ..„, ...Pult, • •---.- ::;-'•••••-•,. 7.7 1/ 1Cd'ettl' -6•::...7 .4:P'Ciba dtp‘wit;&. F ...:.:•.:-,•?-4 IN - mr'1 • -:' : ,-.y. ...:::,.47 : • ;.... 6 -: .upigthiVi , i jitn Lil a figat.;$0,1A .. ; ' . O NoConeumptioNPossession of Alcohol or .Drugs or. Intoxicants without a Prescription. • : • .•''''. CI Attend • .• . .AA and/orNA Meetings per. Week: . . • • • • ' • •••••;m5..frif•A 'CI Deft.liot,te frequent any•Pace 9fbusiness whose. primary purpose is the sale of alcohol, ,i•kt. •••A,• •-e • '. Complete ••' Cotkimuility Service to be- one at the rate of:__• __!.EIrs..per'WrtMe. . . (Miniy ..,...., 0 lisiwataft:igeOstel•Lauftl*Dclgiii2f •- . ... • .. : Iraq I.Ef. • •. - .. • , . : . : .•••• ' ............,• •,.._ .• • ' ''' .. O-4#44diiiiti-succeasitiqy.complete-EXE4c;i'ia- plivid.11-s es- s ioratatlii iiitipact eaniaci_ Ntialitact / No Violent Contact/ No.Direct erinclirect contactv/ViPtiM(s), er..otherafltg:>`: •• •-•-'• . ., ,. .. . .pontS sofinoiChilelien wlowNclit upery Ion:aware of thilcrisinitid the disphaitions• litrervIsiortrt • • ir "' beir.trib O Waived by Court. . ,I2bEifter-a• ' SucceSsfully:Complete-DOC Nbn- ureaad-P rograman clAny,Recomnie nded•Afterlark; . . O. Hold1)10UStody, release only.ip DOC Non-S'ibureted prograrri Officer. . . • .-. z ._ i •. • O :Enter-and Successfully dorriplate•RBSOLong i Short:Pack Drug Perin and-Any ReciAftercaret,4. ••••1• .ste; D .fforfelt-Weapon / MOney•seized at the bile of attest to: . • . . . - : . . •• . ‘. • O:Entqrandtomplete: O Anger Management:Program • O Betterers Interv.ent.iiri,,Pirigrarn . .•.I.*.•. ' • S.Theft Abatement Program: • - ‘ ".. .. •• . O Other . . .O Defendant May apply fer.EarlyTerinination after ) , provided. ail conds.. are satisfied. . 'CI Beive • ' ,* • days / month in.? C iivittrore.dlt for . . •days /months.' . • 41/ • iii.y I. onoinf. • 4 • few S. 5 ii . • e(vitt_ .0 : ... • . • : • .. . .. Q. .4.0 . ---14 1-)Sik. 0tf•RS. O I' 9 4,se . : / 4 1 4•0; . . .. . . •0 .. -- • .. • • . • .• .- • • - . .• . . .. ... • . .. . . • • • • .. . O MINS WO •••••911.01 • EFTA00233463 Entered on FLED Docket 08/21/2008 Page 1 of 2 Case 9:08-ov-80736-KAM Document 26 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80736-CIV-MARRAJJOHNSON N RE: JANE DOES 1 AND 2, Petitioners. AND PROTECTIVE ORDER ORDER TO COMPEL PRODUCTION ing the on the Petitioners' ore tenus motion seek THIS CAUSE comes before the Court 's Office for the eement between the United States Attorney production of the Non-Prosecution Agr n of the rict of Flor ida ("U SAO ") and Jeff rey Epstein ("Epstein"). After consideratio Southern Dist JUDGED that the ion, the argu men ts of the part ies, and the record, it is ORDERED AND AD Mot Agreement, USAO shall produce the Non-Prosecution Petitioners' Motion is GRANTED. The procedures: g any mod ifica tion s and add end a ther eto, in accordance with the following includin of the Non-Prosecution Agreement, (a) The USAO shall produce a copy reement"), to g any mod ifica tion s and add end a ther eto (collectively referred to as the "Ag includin the attorneys for Petitioners. disclose the Agreement or its terms (b) Petitioners and their attorneys shall not nity for Epstein's order, following notice to and an opportu to any third party,absent further court counsel to be heard. Agreement to their clients or discuss (c) Before counsel for petitioners show the must review ide a copy of this Order to petitioners, who the specific terms with them, they must prov er. Counsel for nt to abide by, the terms of the Ord and acknowledge their receipt of, and agreeme that acknowledgment to the USAO. petitioners must promptly provide a copy of tified by the USAO as victims of (d) If any individuals who have been iden EFTA00233464 Page 2 of 2 Document 26 Entered on FLSD Docket 08/2112008 Lase 9:08-cv-80736-KAM to review the e individuals request the opportunity Epstein and/or any attomey(s) for thos e Agreement to those individuals, so long as thos Agreement, then the USAO shall produce the party disclose the Agreement or its terms to any third individuals also agree that they shall not d to and an opp ortunity for Epstein's counsel to be hear absent further court order, following notice other individuals who have been (e) Prior to producing the documents to any viduals, a copy tein and/or any attomey(s) for those indi identified by the USAO as victims of Eps their receipt viduals, who must review and acknowledge of this Order must be provided to said indi must promptly s of this Order. Counsel for petitioners of, and agreement to abide by, the term the USAO. provide a copy of that acknowledgment to Florida, West Palm Beach, Palm Beach County, DONE and ORDERED in Chambers, in this 211' day of August, 2008. /en MARRA KENNETH A. UNITED STATES DISTRICT JUDGE Copies furnished to: all counsel of record s of this ewed and agree to be bound by the term By signing below, I certify that I have revi Order. Dated: 1 I 6. Signed by. Printed Name: 2 EFTA00233465 n LEOPOLD-KUVINA CONSUMER JUSTICE ATTORNEYS July 6, 2009 Assistant U.S. Attorney Southern District of Florida 500 E. Broward Blvd, 7th Floor Ft. Lauderdale. FL 33394 Re: B.B. JEFFREY EPSTEIN OUR FILE NO.: 080303 Dear Ms. Villafana: As you are aware, this firm represents Plaintiff, Jane Doe, a/k/a/ B.B. in the civil litigation against Jeffrey Epstein styled B.B. I Jeffrey Epstein. case no.: 502008CA037319 MB AB. We are hereby requesting that a copy of the non-prosecution agreement be provided to my office as soon as possible. If there are any questions or concerns regarding the production of this agreement, please contact me at once. Sperely, 4 111ENC VIN STK/mlb CRASHWORTIIINESS • MANAGED CARE ABUSE • CONSUMER CLASS ACTIONS • PERSONAL INJURY • WRONGFUL DEATH EFTA00233466 .D E p EQ. 11.7.211=157-, LEOPOLD-KUVIN. CONSUMER JUSTICE ATTORNEYS July 31, 2009 Assistant U.S. Attorney Southern District of Florida 500 E. Broward Blvd, 7th Floor Ft. Lauderdale, FL 33394 Re: B.B. I. JEFFREY EPSTEIN OUR FILE NO.: 080303 Dear Ms. Villafana: I am following up on my letter of July 6, 2009, regarding the non-prosecution agreement between the U.S. Attorneys office and Jeffrey Epstein. Please advise whether or not this document will be produced. STIUmlb CRASHWORTHINESS • MANAGED CARE ABUSE • CONSUMER CLASS ACTIONS PERSONAL INJURY WRONGFUL DEATH EFTA00233467 U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (56!) 820-8777 August 4, 2009 VIA ELECTRONIC MAIL Spencer T. Kuvin, Esq. Leopold—Kuvin, P.A. Re: Jeffrey Epstein/B.B. — Requested Disclosure of Non-Prosecution Agreement Dear Mr. Kuvin: Thank you for your letter regarding the disclosure of the Non-Prosecution Agreement signed by Jeffrey Epstein. I understand that you are asking for a copy of that Agreement in connection with your representation of "B.B." As you are aware, the Agreement contains a confidentiality provision. Based upon a lawsuit filed by some of Mr. Epstein's victims, U.S. District Judge Kenneth Marra has issued a Protective Order requiring the U.S. Attorney's Office to provide copies of the Agreement to certain individuals under certain circumstances. The Order states: if any individuals who have been identified by the USAO [U.S. Attorney's Office] as victims of Epstein and/or any attomey(s) for those individuals request the opportunity to review the Agreement, then the USAO shall produce the Agreement to those individuals, so long as those individuals also agree that they shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard. .. (Court File No. 08-CV-80737-MARRA, DE 26, 1 (e).) The language "individuals who have been identified by the USAO as victims of Epstein" refers to a specific list of individuals who were the subject of the federal investigation. A list of those individuals was provided to Mr. Epstein's attorney. Your client, B.B., was not identified during that investigation, and, therefore was not on the list. By stating this I am not, in any way, denigrating any harm that your client may have suffered. I am simply stating that, given time and resource limitations that we faced during the investigation, B.B. was not a person who was positively identified, such that she would have been the subject of charges within a EFTA00233468 SPENCER T. KUVIN, ESQ. AUGUST 4, 2009 PAGE 2 possible federal indictment. For this reason, your client is not covered by the Court's Protective Order and the Agreement's confidentiality provision remains intact. If you are unable to get a copy of the Agreement via the civil discovery process in the lawsuit that you have filed against Mr. Epstein, please ask his counsel if they will consent to my production of the Agreement to you and I will send a copy to you. Sincerely, kiffir-3/ Cleurtian Acting United States Attorney By: Assistant U.S. Attorney cc: Karen Atkinson, Esq. EFTA00233469 I I) Ft) I l:s1ICI. '•Al T1 LEOPOLD-KUVIN. CONSUMER JUSTICE ATTORNEYS January 4, 2010 Assistant U.S. Attorney Southern District of Florida 500 E. Broward Blvd, 7th Floor Ft. Lauderdale, FL 33394 Re: B.B. I JEFFREY EPSTEIN OUR FILE NO.: 080303 Dear After taking the deposition of Police Chief, it came to our attention that apparently a computer which was initially seized dunng the search warrant conducted on Mr. Epstein's home was returned by the FBI to a private investigator employed by Mr. Epstein. We would like to determine who this computer was returned to, and when it was returned. It would assist us greatly if you could check your records to determine when, and if, this was ever done. Additionally, according to the sworn testimony of Chief es department was provided with a letter containing a list of potential victims of Mr. Epstein. This letter contained language pursuant to a previously unknown Federal Statute which apparently directed him to destroy the letter after reading it. We hereby request that your office advise what Statute or Code that letter was referring to. Finally, we would like to schedule the depositions of FBI Special Agents Please let me know who we need to direct our subpoenas to in order to schedule these depositions. I appreciate your immediate attention to this matter. Should you have any additional questions about these issues, please do not hesitate to contact me at once. STK:mlb CRAsl IWORTIIINESS • MANAGED CARE ABUSE • CONSUMER CLASS ACTIONS • PERSONAL INJURY • WRONGFUL DEATH EFTA00233470 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 1 of 19 aglepeltel An Sealed IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Civil Action No. FILED byjaD C 10-80309 FEB 2 3 2010 JANE DOE No. 103, STEVEN M. LARIMORE CLERK IJ S 01ST CT 8. C. of FI.A. - MIAMI Plaintiff, I JEFFREY EPSTEIN, Defendant. COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, Jane Doe No. 103 ("Plaintiff'), brings this Complaint against Defendant, Jeffrey Epstein ("Defendant"), and states as follows: PARTIES, JURISDICTION, AND VENUE 1. At all times material to this cause of action, Plaintiff was a resident of Palm Beach County, Florida. 2. This Complaint is brought under a fictitious name to protect the identity of Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse of a then minor. 3. At all times material to this cause of action, Defendant owned a residence located at 358 El Brillo Way, Palm Beach, Palm Beach County, Florida. 4. Defendant is presently a citizen of the United States Virgin Islands. Pursuant to the plea agreement entered by the Defendant in state court and the sentencing which occurred on June 30, 2008, Defendant is currently under community control in Palm Beach County, Florida. Seakd Podhurst Orseck, P.A. j.\C)1‘.S() 25 West Plaster Street Suite 800, Miami, FL 33130, Miami VKAS8.2800 Fax 305358.2382 • Fort Lauderdale 954.4614346 rewre.podhunittom EFTA00233471 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 2 of 19 5. Defendant is an adult male born on January 20, 1953. 6. This Court has jurisdiction over this action and the claims set forth herein pursuant to 18 U.S.C. § 2255. 7. This Court has venue of this action pursuant to 28 U.S.C. § 1391(b), as a substantial part of the events giving rise to the claim occurred in this District. STATEMENT OF FACTS 8. At all relevant times, Defendant was an adult male spanning the ages of 45 and 55 years old. Defendant is known as a billionaire financier and money manager with a secret clientele limited exclusively to billionaires. He is a man of tremendous wealth, power, and influence. He owns a fleet of aircraft that includes a Gulfstream IV, a helicopter, and a Boeing 727, as well as a fleet of motor vehicles. Until his incarceration pursuant to the plea entered and sentencing, which occurred on June 30, 2008, he maintained his principal place of residence in the largest dwelling in Manhattan, a 51,000-square-foot eight-story mansion on the Upper East Side. He also owns a $6.8 million mansion in Palm Beach, Florida, a $30 million 7,500-acre ranch in New Mexico he named "Zorro," a 70-acre private island known as Little St. James in the U.S. Virgin Islands, a mansion in London's Westminster neighborhood, and another residence in the Avenue Foch area of Paris. The allegations herein concern Defendant's conduct while at his lavish residence in Palm Beach and numerous other locations both nationally and internationally. 9. Defendant has a sexual preference for underage minor girls. lie engaged in a plan, scheme, or enterprise in which he gained access to countless vulnerable and relatively economically disadvantaged minor girls, and sexually assaulted, molested, and/or exploited these girls, and then gave them money. Podhurst Orseck, P.A. 2 25 West Flagler Street. Suite 800. Miami, FL 33130, Miami 305.358.2800 Fax 305358.2382 • Fat Lauderdale 954.463.4316 www.podhurst.com EFTA00233472 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 3 of 19 10. Beginning in or around 1998 through in or around September 2007, Defendant used his resources and his influence over vulnerable minor girls to engage in a systematic pattern of sexually exploitative behavior. 11. Defendant's plan and scheme reflected a particular pattern and method. Defendant coerced and enticed impressionable, vulnerable, and relatively economically less fortunate minor girls to participate in various acts of sexual misconduct that he committed upon them. Defendant's scheme involved the use of underage girls, as well as other individuals, to recruit underage girls. Defendant and/or an authorized agent would call and alert Defendant's assistants shortly before or after he arrived at his Palm Beach residence. His assistants would call economically disadvantaged and underage girls from West Palm Beach and surrounding areas who would be enticed by the money being offered and who Defendant and/or his assistants perceived as less likely to complain to authorities or have credibility issues if allegations of improper conduct were made. The then minor Plaintiff and other minor girls, some as young as 14 years old, were transported to Defendant's Palm Beach mansion by Defendant's employees, agents, and/or assistants in order to provide Defendant with "massages." 12. Many of the instances of illegal sexual conduct committed by Defendant were perpetrated with the assistance, support, and facilitation of at least three assistants who helped him orchestrate this child exploitation enterprise. These assistants would arrange times for underage girls to come to Defendant's residence, transport or cause the transportation of underage girls to Defendant's residence, escort the underage girls to the massage room where Defendant would be waiting or would enter shortly thereafter, urge the underage girls to remove their clothes, deliver cash from Defendant to the underage girls and/or their procurers at the conclusion of each "massage appointment," and assist Defendant in taking nude photographs Podhurst Orseck, P.A. 3 25 West Hagler Street, Suite 800, Miami, FL 33130, Muni 305358.2800 Fax 306358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.corn EFTA00233473 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 4 of 19 and/or videos of the underage girls with and/or without their knowledge. Defendant would pay the procurer of each girl's "appointment" hundreds of dollars. 13. Defendant designed this scheme to secure a private place in Defendant's Palm Beach mansion where only persons employed and invited by Defendant would be present, so as to reduce the chance of detection of Defendant's sexual abuse and/or exploitation, as well as to make it more difficult for the minor girls to flee the premises and/or to credibly report his actions to law enforcement or other authorities. The girls were usually transported by his employee(s), agent(s), and/or assistant(s) and/or by taxicab(s) and/or motor vehicle(s) paid for by Defendant, which also made it difficult for the girls to flee his mansion. 14. Upon her initial arrival at Defendant's Palm Beach mansion, each underage victim would generally be introduced to one of Defendant's assistants, who would gather the girl's personal contact information. The minor girl would be led up a remote flight of stairs to a room that contained a massage table and a large shower. 15. At times, if it was the girl's first "massage" appointment, another female would be in the room to "lead the way." Generally the other female would leave, or Defendant would dismiss her. Often, Defendant would start his massage wearing only a small towel, which eventually would be removed. Defendant and/or the other female would direct the girl to massage him, giving the minor girl specific instructions as to where and how he wanted to be touched, and then direct her to remove her clothing. Defendant would then perform one or more lewd, lascivious, and sexual acts, including masturbation; fondling the minor's breasts and/or sexual organs; touching the minor's vulva, vagina, and/or anus with a vibrator, back massager, his finger(s), and/or his penis; digitally penetrating her vagina; performing intercourse, oral sex, and/or anal sex; and/or coercing or attempting to coerce the girl to engage in lewd acts and/or Podhurst Orseck, P.A. 4 25 West Resler Street, Suite 800, Miami, FL 33130, Miami 3053582500 Fax 305.3582382 • Fort Lauderdale 954.463.4346 www.pocUsunt.coan EFTA00233474 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 5 of 19 prostitution and/or enticing the then minor girl to engage in sexual acts with another female in Defendant's presence. The exact degree of molestation and frequency with which the sexual exploitations took place varied and is not yet completely known; however, Defendant committed such acts regularly on a daily basis and, in most instances, several times a day. In order to facilitate the daily exchanges of money for sexual assault and abuse, Defendant kept U.S. currency readily available. 16. Defendant traveled out of Florida to Palm Beach for the purpose of luring minor girls to his mansion to sexually abuse and/or batter them. He used the telephone to contact these minor girls for the purpose of coercing them into acts of prostitution and to enable himself to commit sexual battery against them and/or acts of lewdness in their presence, and he conspired with others, including his employee(s), assistant(s), driver(s), pilot(s), and/or agent(s), to facilitate these acts and to avoid police detection. Defendant's systematic pattern of sexually exploitative behavior described above also occurred in Defendant's other domestic and/or international residences, places of lodging, and/or modes of transportation. 17. Consistent with the foregoing plan and scheme, Defendant used his money, wealth, and power to unduly and improperly manipulate and influence the then minor Plaintiff. A vulnerable young girl, Plaintiff was merely a seventeen year old high school student when she was first lured into Defendant's sexually exploitative world in or about January 2004. Plaintiff was recruited while at work by a co-worker, one of the minor victims Defendant paid to procure underage females. Plaintiff went to Defendant's Palm Beach mansion accompanied by this co- worker. Upon arriving, Plaintiff was led by one of Defendant's assistants up a flight of stairs to a spa room with a shower and a massage table. Defendant entered this room wearing only a towel. Defendant suddenly removed his towel, exposing his naked body, and then lay on the massage Podhurst Orseck, P.A. 5 25 Weal Flagler Street Suite 800, Miami, FL 33130, Miami 305.358.2800 Fax 305358.2382 • Fort Lauderdale 954.463.4346 I www.podhund.com EFTA00233475 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 6 of 19 table. Defendant told Plaintiff to massage his back and take off her clothing, which she refused to do. Defendant then began to try to touch the minor Plaintiff and/or take off her clothing. After Defendant's relentless pawing, she reluctantly removed some of her clothing. During this encounter, Defendant turned over on his back and fondled Plaintiff's breasts, despite her repeatedly telling him not to do so. As Plaintiff massaged Defendant, Defendant proceeded to masturbate until ejaculation. Defendant then paid Plaintiff two hundred dollars, and Plaintiff was escorted out of Defendant's mansion and left Defendant's property. 18. A similar pattern of grooming continued, and the sexual exploitation progressively escalated, over the course of approximately seventeen months during which Defendant would often travel to Palm Beach. Prior to arriving and wHie in Palm Beach, Defendant and/or his agent(s) would frequently call Plaintiff at her home telephone number and/or other telephone numbers, arranging for encounters with her for Defendant, sometimes twice daily. While usually such contacts were made by his assistants, Defendant personally called Plaintiff repeatedly, despite being told to leave Plaintiff alone. After the first few encounters, Defendant coerced Plaintiff to remove all her clothing, and Defendant penetrated the minor Plaintiff's vagina digitally. Defendant sexually abused and/or battered and/or exploited Plaintiff at least a hundred times between approximately January 2004 and May 2005. Such exploitation included, but was not limited to, Defendant's sexual abuse and battery of Plaintiff with vibrator(s), back massager(s), his finger(s), and his penis. At times, Defendant manipulated Plaintiff to interact sexually with another female. During one encounter, Defendant penetrated the minor Plaintiff's vagina with his penis, all the while narrating and demonstrating his sexual battery of Plaintiff to another female present in the room. While some of the precise dates that Defendant's acts of sexual exploitation occurred are unknown to Plaintiff, these dates are known Podhurst Orseck, P.A. 6 25 West Flagler Street, Suite 800, Want FL 33130, Nang 305358.2800 Fax 305.358.2382 • Fort Lauderdale 954A63.4346 1 www.podhurstcom EFTA00233476 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 7 of 19 to Defendant, as he and/or his assistants kept written records, some of which are in the custody of law enforcement, of each instance in which he committed lewd acts upon minor girls, including the then minor Plaintiff 19. Defendant's preference for underage girls was well-known to those who regularly procured them for him. The above-described acts of abuse began to occur during a time when Defendant knew that Plaintiff was a minor. Defendant, at all times material to this cause of action, knew and/or should have known of Plaintiffs age of minority. In fact, Defendant repeatedly urged the minor Plaintiff to become legally emancipated in order to accompany him as he traveled, both nationally and internationally. Additionally, Defendant, knowing that Plaintiff was merely seventeen years old, lured her by inviting her to stay with him at his mansion in Manhattan and arranging and/or paying for airplane tickets, theater tickets, and a personal chauffeur as gifts for her upcoming birthday. 20. As part of Defendant's persistent process of grooming Plaintiff and immersing her in his lewd and abusive lifestyle, Defendant regularly showered the ado! seent Plaintiff with gifts, including, but not limited to lingerie, flowers, bikini bathing suit(s), art book(s), purse(s), envelopes of U.S. currency, use of a car, and/or other accoutrements. 21. Defendant possessed photographs of nude underage girls, some of which may have been taken with hidden cameras set up in his residence in Palm Beach. On the day of Defendant's arrest, police found two hidden cameras and photographs of underage girls in Defendant's mansion. Defendant took lewd photographs of Plaintiff with his hidden cameras and transported lewd photographs of Plaintiff and other victims elsewhere using a facility or means of interstate and/or foreign commerce. On one occasion, Defendant manipulated the minor Plaintiff to pose nude for him and photographed her using several rolls of film. One or Podhurst Orseck, P.A. '7 25 West Flagkr Street Suite 800, Miami FL 33130, Miami 305358.2800 Fax 305358.2382 • Fort Lauderdale 954.463.4346 I swnv.podhurstoom EFTA00233477 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 8 of 19 W more of those nude photographs of Plaintiff that were taken by the Defendant when she was a minor were confiscated by the Palm Beach Police Department during its execution of a search warrant of Defendant's Palm Beach mansion on October 20, 2005. 22. Defendant was particularly skillful at discerning his minor victims' respective hopes, dreams, and ambitions. As he did with many of his victims, Defendant lured Plaintiff early-on with modeling opportunities, impressing her with his modeling business and contacts with supermodels, indicating that he could help her with a modeling career. 23. Knowing that the minor Plaintiff was an excellent student and desired to attend New York University or Columbia University, Defendant pretended to show great interest in her college admission, and offered to help her with her applications and to assist her with her tuition. Defendant had told Plaintiff of his substantial connections within the academic community, a matter about which he often bragged. Defendant took it upon himself to take control of Plaintiff's college application process and led Plaintiff to believe that he was sincere about helping her. Even though she had earned a Bright Futures Scholarship to the Florida college of her choice, Defendant insisted that she would not need it, and that, with his involvement, she would be admitted into one or both of the universities in New York. As a result of Defendant's manipulation, Plaintiff did not apply timely for the Bright Futures Scholarship or to any college, and therefore missed the fall semester of her freshman year. When the Palm Beach Police Department executed the search warrant on Defendant's mansion, among the artifacts found and confiscated were Plaintiff's high school transcript. 24. In June 2008, after an investigation by the Palm Beach Police Department, the State Attorney's Office, the Federal Bureau of Investigation, and the United States Attorney's Office, Defendant entered pleas of "guilty" to one count of solicitation of prostitution, in Podhurst Orseck, P.A. 8 25 West Hagler Street. Suite 800, Miami, FL 33130, Miami 3(6.358.2900 Fax 305358.2'182 • Fort Lauderdale 954.163.4346 I www. podhurstrom EFTA00233478 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 9 of 19 violation of Fla. Stat. § 796.07, and one count of solicitation of a minor to engage in prostitution, in violation of Fla. Stat. § 796.03 in the Fifteenth Judicial Circuit in Palm Beach County, Florida. 25. As a condition of that plea, Defendant entered into a Non-Prosecution Agreement, Addendum, and Affirmation (collectively, the "NPA") with the United States Attorney's Office for the Southern District of Florida on September 24, 2007, October 29, 2007, and December 7, 2007, respectively. In so doing, Defendant acknowledged that Plaintiff was one of his victims and agreed to the following provisions of the NPA : 8. If any of the [acknowledged victims] elects to file suit pursuant to 18 U.S.C. §2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. §2255, and agrees to waive any other claim for damages, whether pursuant to state, federal or common law. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. §2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions of evidence or evidence of civil or criminal liability or a waive of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States (emphasis added). 26. Plaintiff was among the individuals identified by the United States Attorney's Office as victims of Defendant upon whose testimony it intended to base its federal prosecution of Defendant for his illegal conduct. Consequently, Defendant is estopped by his state court plea and the Non-Prosecution Agreement from denying the acts alleged in this Complaint and must effectively admit liability to Plaintiff, Jane Doe No. 103. COUNT ONE Podhurst Orseck, RA. 9 75 West Hagler Street, Suite 800, Miami, FL 33130, Miami 305.3582800 Fax 305.358.2382 • Fort Lauderdale 954.4634346 www.podtturatcom EFTA00233479 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 10 of 19 (Cause of Action for Coercion and Enticement of Minor to Engage in Prostitution or Sexual Activity pursuant to 18 U.S.C. § 2255 in Violation of 18 U.S.C. 4 2422(b)) 27. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs 1 through 26 above. 28. Defendant used a facility or means of interstate and/or foreign commerce to knowingly persuade, induce, entice, or coerce Plaintiff, when she was under the age of 18 years, to engage in prostitution and/or sexual activity for which any person can be charged with a criminal offense, or attempted to do so, pursuant to 18 U.S.C. § 2255 in violation of 18 U.S.C. § 2422(b). 29. Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. 30. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. Podhurst Orseck, P.A. 10 25 West Flag/er Street, Suite 800, Miami, FL 33130, Miami 305.358 2800 Fax 305358.2382 • Fort Lauderdale 954.463.4316 t wenv.podhuracom EFTA00233480 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 11 of 19 WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT TWO (Cause of Action for Travel with Intent to Enaaae in Illicit Sexual Conduct pursuant to 18 U.S.C. § 2255 in Violation of 18 U.S.C. 24231bn 31. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs I through 26 above. 32. Defendant traveled in interstate and/or foreign commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, including the then minor Plaintiff, in violation of 18 U.S.C. § 2423(b). 33. Plaintiff was a victim of one or more oftbnses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. 34. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn Podhurst Orseck, P.A. 11 25 West Flagler Street, Suite 800, Miami, Fl. 33130, Miami 305358.2800 Fax 305158.2182 • Feat Lauderdale 954.463.4346 I www.podhunt.com EFTA00233481 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 12 of 19 income in the future, and a loss of the capacity to enjoy life. These injur:es are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT THREE (Cause of Action for Sexual Exploitation of Children pursuant to 18 U.S.C. & 2255 in Violation of 18 U.S.C. § 2251) 35. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs 1 through 26 above. 36. Defendant knowingly persuaded, induced, enticed, or coerced the then minor Plaintiff to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, in violation of 18 U.S.C. § 2251. 37. Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. 38. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical Podhurst Orseck, P.A. 12 25 West Flagler Street, Suite 800, Miami, F133130. Mlanti 305358.2800 Fax 305358.2382 • Port Lauderdale 954.40.4346 t wvo.v.podtaustcom EFTA00233482 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 13 of 19 and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries arc permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT FOUR (Cause of Action for Transport of Visual Depiction of Minor Engaging in Sexually Explicit Conduct pursuant to 18 U.S.C. 2255 in Violation of 18 U.S.C. §2252(a)(1)1 39. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs 1 through 26 above. 40. Defendant knowingly mailed, transported, shipped, or sent via computer and/or facsimile in or affecting interstate and/or foreign commerce at least one visual depiction of the minor Plaintiff engaging in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(I). 41. Defendant transported lewd photographs of Plaintiff and other victims elsewhere using a facility or means of interstate and/or foreign commerce. 42. Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. 43. As a direct and proximate result of the offenstes enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, Podhurst Orseck, RA. 13 25 West Hagler Street, Suite 800, Miami, FL 33130, Miami 305.358.2500 Fax 305358.2382 • Fort Lauderdale 954.463.4346 I www.podhurattom EFTA00233483 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 14 of 19 loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT FIVE (Cause of Action for Transport of Child Pornography pursuant to 18 U.S.C. 4 2255 in Violation of 18 U.S.C. 2252A(a)(1)) 44. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs I through 26 above. 45. Defendant knowingly mailed, transported, shipped, or sent via computer and/or facsimile in or affecting interstate and/or foreign commerce child pornography, in violation of 18 U.S.C. § 2252A(a)(I). 46. Defendant transported lewd photographs of Plaintiff and other victims elsewhere using a facility or means of interstate and/or foreign commerce. 47. Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. Podhurst Orseck, P.A. 14 26 West Flagkr Street, Suite 800, Miami, FL 33130, Miami X6.3582900 Fax 7063582382 • Fort Lauderdale 954.463.4346 t www.podhuratcout EFTA00233484 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 15 of 19 48. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries arc permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT SIX (Cause of Action for Engaging in a Child Exploitation Enterprise pursuant to 18 U.S.C. 42255 in Violation of 18 U.S.C. § 2252A(2)) 49. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs I through 26 above and Counts One through Five above. 50. Defendant knowingly engaged in a child exploitation enterprise, as defined in 18 U.S.C. § 2252A(g)(2), in violation of 18 U.S.C. § 2252A(g)( I ). As more fully set forth above, Defendant engaged in actions that constitute countless violations of 18 U.S.C. § 1591 (sex trafficking of children), Chapter 110 (sexual exploitation of children in violation of 18 U.S.C. §§ Podhurst Orseck, P.A. I5 25 West Hagler Street, Suite 800, Miami, F1.33130, Miami 3053582900 Fax 305.3582382 • Fort Lauderdale 954.463.4346 I www.podhurst.com EFTA00233485 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 16 of 19 2251, 2252(a)(1), and 2252(A)(a)(1)), and Chapter 117 (transportation for illegal sexual activity in violation of 18 U.S.C. §§ 2421. 2422(b), and 2423(b)). As more fully set forth above in paragraphs I through 26, Defendant's actions involved countless victims and countless separate incidents of sexual abuse, which he committed against minors, including Plaintiff, in concert with at least three other persons. 51. Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. 52. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, contusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, Podhurst Orseck, P.A. 16 25 West Flagler Street Suite 800, Minµ FL 33130, Nand 305.358.2800 Fax 305358.2322 • Fort Lauderdale 954.463.4316 www.podhurst.com EFTA00233486 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 17 of 19 attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. Date: ‘44..Art.AA-r-12)-3 , 2010. Respectfully Submitted, By: R-W- C. e-pecli lay Robert r Jose eg Katherine W. Ezell Attorneys or Plaintiff Podhurst Orseck, P.A. 17 25 West Hagler Street, Suite 800„ Miami, FL 33130, Miami 31:6393.2800 Fax 305.358.2382 • Fort Lauderdale 954463A346 rst EFTA00233487 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 18 of 19 D .435 A IRey. ICOR) CIVIL COVER SHEET Then 44 civilcover sheet and the information contained herein neither replace nor supplanau the filingand service ofpkadings or other spas as roquircd by law, except as provided WilD by local rules °feast This form, approved by the Judicial Conference of the United States in September 1974. is required forth o lag ofCoup for the purpose of initiating the civil docket Acct. oat INSTRUCTIONS ON THE REVERSE OF THE FORM.) NOTICE: Attorneys MUST Indica led Cases Below. I. (a) PLAINTIFFS n e NTS Jane Doe No. 103 io-8U My. M stein FILED by rp__ D C. (b) County of Resider& of First Listed Plaintiff West Palm Beach County of Residence of First Listed Dcfcriam Unite . tales Virgin (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINT F CASES ONLY) (c) Attorney's (Firm Nets*. Addrtu. one Tapirs/ Number) NOTE: IN LAND CONDEMNATION OASES. fay. 24,20* THE 7 AC I LAND 'IWO/val. Robert C. Josefsberg, Esq./Katherine W. Ezell, F.sq. SYEVEm R4 LARluODE Podhurst °meek, P.A. Attorneys Or Keen) CLERK U.S. DIST. CT. Robert D. Critton, Esq., Burman, (..sitioltaataCaitIL.L...p, • 303 Banyan Blvd., Suite 400, West Palm Beach, FL 33401 WI Check County Whine Mien &OM CI MIAMI. OAHE O MONROE fl BROW AR D 16 PALM BEACH 3 MARTIN 0 SI. LUCIE 3 INDIAN RIVER 0 OKEECHOBEE HIGHLANDS II. BASIS OF JURISDICTION (Place en - X' • Ott Bist Osyl III. CITIZENSHIP OF PRINCIPAL PAR TIES(russ se ia 0•4 Br foe Plelmiff for Unruly Corr Only) is One Bee fee Deferadaoll O I V.S. Dovoramom PNWIr /13 Carol (U.S. portion PT. 0EV MP DE? 0*****meal Nolo Party) Celt n of This Sim I I 0 I Incorporatcd or Pall( ben Plate 0 4 0 4 of IIIIIS410 In This Slaw O 2 LI S.COPT/10CM Dekndani 3 4 Onenky ; Chun of Another Sure 3 a fa 2 Ineorpomied and Prinelpil Plage O S 0 $ Undicer cieuissaip of Praia. • IOUS III) or Rosiness In A soar Stow Cilacn or Subject of a 0 1 0 3 FOIere• Nellie O 6 3 6 total.. COyerrY IV. NATURE ' Pis not 0.1 I CONTRACT TORTS POTIFEITURECITNALTY BANKRUPTCY OTHER STATUTES I 0 110 tolerance PERSONAL INJURY PERSONAL INJURY 0 610 Remotion 0 422 Appeal 21 USC 151 3 400 Sloe RcepporSool 0 Ill Manse 0 310 Aitylsoe 3 36:terser I fejury • 0 620 Other Food • Dr. 0 423 Willtdrowsl 3 410 Amore 0 U0 Miller Act O 113 Airflow Product Med. Maserlke 0 615 Drug Related Seiniee 25 USC I)/ 3 430 Hanks and Seabing 0 140 Nogonabk Insiniesei Lethality 3 365 teleran tarry • of Prow, 21 USC III 0 450 Comment 3 ISO Recovery of 0 ye:payers* O31O Assert. Libel • Proctor, Liability 0 630 LWeee Laws PROPERTY RIGHTS 0 460 09poneloa & Ceferemer of nufroect Slander 0 364 Asbeslos Parris' 0 640 R.R. • Truck O *20 Copyrights 0 470 Rat (deer lathered NW O 151 Madame. Art 0130 Federal Emplorts. latery Prod.., 0 630 A KWH Rest 0 130 Patent Court Orpoilailer 0 IS) Recovery of De(aoned Liobilny Lisbilry n 640 Oreoprional O IA0 /radian& 3 IRO Coruna C NCI Student Loans 0 140 Marine PERSONAL PROPERTY Sereiffifealch 0 490 CeblOSsi TV Mod Veterans) 0 )45 Merin Proud 0 370 Other Ford o 690 Other 0 410 Selective Service 0 133 Remarry of Overpayment of Velerio'• Sea41114 Liabitiry 0 37i Tomb In Eerier L LABOR SOCIAL SECURITY 0 1St Setettles/Coalstothlet/ 0 350 Manor Vehicle 0 Ito Oilet Personal 5 710 Fair Labor Sialiderde 0561 141A (I 391f11 fl are. 0 160 Slockbolden' Suitt 0 155 Motor Vehicle Properly Damage Act 0 162 Black Lunt:1423) 0 575 Comm. Challenge 0190 Other Centro hydro LIMOMY 3 355 Propeny Demise 3 720 Lebellki gait Reletiorn 0161DIWODIWW 1405(g)) 12 USC 3410 O 19S Contract Prodwif Liability • 360 Other Personal Product trability 0 730 LaboralgeoLlteporeing 3 564 *SID Thlo X VI 0 590 [Other Parlor Action. 0 106 trencher IWorY a Dbrlorro Act 0 461151146,1.)) 0 691 Agrieurral Acts I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 740 Railway Leber Ad FEDERAL TAX SUITS 0 692 Economic Slabilhation Act 3 210 Lem, Coarleilleallea 0 441 Verlag 0 510 Motion* to Vacate 3 790 Other Labor Litigate* 0 470 ttttt (U.S. Plaintiff 3 103 E9990:666Nomi Malta. 0 220 Foreclosure 0 442 Employers semen* 0 79) Foga Roe In. Scrorler 0 230 Rem Lease • Ejeclarl or Ocke4sai) 0 (94 [orgy Alloralon Act 0 44) Horlagr Rohm's Corpus: Ail O 1171 IRS —Turd Party 0 240 Tons to Load 0 Accommodations .1 $30 I:lewd 26 CSC 7609 195 Freedom of lafeesellon Ace 0 245 Ton Prawn 'Ability 3 444 Welfare 0 535 Death Perky I ms4trgATmN 445 Ante wrthubilkka ..... D 900 Appeal of Fee Determinatio• O 290 All Other Real Propiery 3 mployers, t I 340 Mastellive a Other O 142 Witr ahrni* Under Equal Access to Janice Application 0 446 Amer. ia/Dlashiliams - 463 Haber C Aro Orr 3 5511C Wil Ishii 5 Demises 3 440 Orber Cent R4),, 0 sss „ son cosies. 0 445 , 0therlinm•rolioa 0 150 Constitutionality of Stoic Ac Ins Siatas I ORIGIN 47) I Original (Mess - X" is Or Oely) Trans Appall." District Proceeding Cl 2 Removed from CI 3 Re-fitcd- O 4 Reinstated or ti 5 anothererred from district CJ 4 health:KUM O 7 ludge from State Court (see VI below) Reopened Litigation Magistrate (specify) hxlsnau a) Re-fikd Case OYES 83 NO b) Related Casts 01 YES ONO VI. RELATED/RE-FILED (See instructor CASE(S). nerd page) JUDGE Kenneth A. Marra DOCKET NUMBER Sec Attached. Ci c the U.S. Civil Statute under which you arc filing and Write a Brief Statement of Cause (De Not die Jarhdialonal statutes aimless diversity): VII. CAUSE OF ACTION 18 U.S.C. 2255 (Predicate Statutes 18 U.S.C. 2422(b), 2423(b), 2423(e), 2251,2252, 2252A(a)(I), 2252A(g)(1) LENGTH OF TRIAL vie I days estimated (for both sides 10 try entire case) VIII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 21 ABOVE INFORMATION IS TRUE & CORRECT TO 2 -9 eyne cc- DC gt 'ZS--Mee. JURY DEMAND: f i a t ? No SIGNATURE Of ATTORNEY OF RECORD i THE BEST OF MY KNOWLEDGE D ATE Si FSLS-j: 14 -• lA • Eadat--- 07 :37/0 FOR OFFICE USE ONLY AMOUNT 3S P •,f) 0 RECEIPT 4 (Of 1Not,,p__ IF. EFTA00233488 Case 9:10-cv-80309-WJZ Document 1 Entered an FLSD Docket 03/09/2010 Page 19 of 19 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION ATTACHMENT TO CIVIL COVER SHEET FOR: Jane Doe 103 Jeffrey Epstein VI. RELATED PENDING CASES 08-80119 - KAM 08-80232 - KAM 08-80380 - KAM 08-80381 - KAM 08-80811 - KAM 08-80893 - KAM 08-80993 - KAM 08-80994 - KAM 09-80469 - KAM 09-80802 - KAM 09-81092 - KAM EFTA00233489 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-80309-CIV- JANE DOE No. 103, Plaintiff, vs. JEFFERY EPSTEIN, Defendant. DEFENDANT EPSTEIN'S MOTION TO DISMISS, & FOR MORE DEFINITE STATEMENT & STRIKE DIRECTED TO PLAINTIFF JANE DOE NO. 103'S COMPLAINT 'dated 2/23/20101 Defendant, JEFFREY EPSTEIN, ("EPSTEIN"), by and through his undersigned counsel, moves to dismiss Counts One through Six of Plaintiff JANE DOE 103's Complaint for failure to state a cause of action, as specified herein. Rule I 2(b)(6), Fed.R.Civ.P. (2009); Local Gen. Rule 7.1 (S.D. Fla. 2009). Defendant further moves for more definite statement and to strike. Rule I 2(e) and (0, In support of his motion, Defendant states: The Complaint attempts to allege 6 counts, all of which arc purportedly brought pursuant to 18 U.S.C. §2255 — Civil Remedies for Personal Injuries. Dismissal is required on the following grounds: (I) 18 U.S.C.A. §2255 allows for a single recovery of "actual damages." (A.) Statutory Considerations: the statute does not allow for the Plaintiff to allege multiple counts, six in this case, or multiple predicate act violations or incidents, in an effort to multiply or seek duplicate recoveries of her "actual damages" EFTA00233490 based on the number of predicate act violations or incidents. The statutory minimum is just that — a minimum; nothing prevents a plaintiff from proving and recovering "actual damages" in excess of the minimum amount. (B.) Constitutional Considerations: in the alternative, constitutional principles require that the statute be interpreted as allowing for a single recovery of one's damages. Thus, to the extent Plaintiff is seeking to improperly multiply or seek duplicate recoveries of her actual damages, the action is required to be dismissed. (2) The statute in effect during the time of the alleged conduct applies — the version in effect from 1999 to July 26, 2006, not the statute as amended in 2006, effective July 27, 2006. To the extent Plaintiff is attempting to rely on the amended version of the statute, such reliance is improper and also requires dismissal of the entire action. (3) Count VI is also subject to dismissal because the predicate act relied upon by Plaintiff did not come into effect until July 27, 2006, well after the conduct alleged by Plaintiff occurred. Supporting Memorandum of Law Principles of Statutory Interpretation It is well settled that in interpreting a statute, the court's inquiry begins with the plain and unambiguous language of the statutory text. CBS. Inc.'. Prime Time 24 Venture 245 F.3d 1217 (I 1th Cir. 2001)• U.S.. Castroneves, 2009 WL 528251, •3 (S.D. Fla. 2009), citing Reeves Astrue, 526 F.3d 732, 734 (11th Cir. 2008); and Smith I. Husband, 376 F.Supp.2d at 610 ("When interpreting a statute, [a court's] inquiry begins with the text."). "The Court must first look to the plain meaning of the words, and scrutinize the statute's 'language, structure, and purpose.' Id. In addition, in construing a statute, a court is to presume that the legislature said what it means and means what it said, and not add language or give some absurd or strained interpretation. As stated in 2 EFTA00233491 CBS Inc. supra at 1228 — "Those who ask courts to give effect to perceived legislative intent by interpreting statutory language contrary to its plain and unambiguous meaning are in effect asking courts to alter that language, and '[c]ourts have no authority to alter statutory language.... We cannot add to the terms of [the] provision what Congress left out.' Merritt, 120 F.3d at 1187." See also Dodd U.S., 125 S.Ct. 2478 (2005); 73 A m.Jur.2d Statutes §124. Title 18 of the U.S.C. is entitled "Crimes and Criminal Procedure." §2255 is contained in "Part I. Crimes, Chap. 110. Sexual Exploitation and Other Abuse of Children." I8 U.S.C. §2255 (2002), is entitled Civil remedy for personal injuries, and provides: (a) Any minor who is a victim of a violation of section 224I(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any minor as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value. (b) Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability. See endnote I hereto for statutory text as amended in 2006, effective July 27, 2006. Prior to the 2006 amendments, the version of the statute quoted above was in effect beginning in 1999.1 1 The above quoted version of 18 U.S.C. §2255 was the same beginning in 1999 until amended in 2006, effective July 27, 2006. 3 EFTA00233492 Motion to Dismiss (1) The remedy afforded pursuant to 18 U.S.C. 82255 allows for a single recovery of "actual damages" by a plaintiff against a defendant. The recovery afforded is not on a per violation or per incident or per count basis.2 (A.) Statutory Considerations. 18 U.S.C.A. §2255 - Civil Remedy for Personal Injuries, creates a federal cause of action or "civil remedy" for a minor victim of sexual, abuse, molestation and exploitation, and allows for a single recovery of the "actual damages" sustained and proven by a "minor who is a victim of a violation" of an enumerated predicated act and who suffers personal injury as a result of such violation." "18 U.S.C. §2255 gives victims of sexual conduct who are minors a private right of action." Martinez White, 492 F.Supp.2d 1186, 1188 (N.D. Cal. 2007). 18 U.S.C.A. §2255 "merely provides a cause of action for damages in `any appropriate United States District Court.'" Id, at 1189. Under the plain meaning of the statute, §2255 does not allow for the actual damages sustained to be duplicated or multiplied on behalf of a plaintiff against a defendant on a "per violation" or "per incident" or "per count" basis. No where in the 2 In other §2255 actions filed against Defendant, Defendant has previously asserted the position that 18 U.S.C. §2255's creates a single cause of action on behalf of a plaintiff against a defendant, as opposed to multiple causes of action on a per violation basis or as opposed to an allowance of a multiplication of the statutory presumptive minimum damages or "actual damages." EPSTEIN asserts his position regarding the single recovery of damages in order to properly preserve all issues pertaining to the proper application of §2255 for appeal. EPSTEIN will fully honor his obligations as set forth in the Non-Prosecution Agreement with the United States Attorney's Office; principally, as related to the claims made in this case by Jane Doe 103, the obligations as set forth in paragraph 8 of that Agreement. In particular, EPSTEIN will not contest the allegation that he committed at least one predicate offense as alleged by Jane Doe 103, a waiver sufficient to satisfy the 2255 statutory condition that Jane Doe 103 was a victim of the commission of one of the enumerated predicate violations as required. 4 EFTA00233493 statutory text is there any reference to the recovery of damages afforded by this statute as being on a "per violation" or "per incident" or "per count" basis. 18 U.S.C. 2255(a) creates a civil remedy for "a minor who is a victim of a violation of section 224I(c), 2242, 2243, 2251, 225IA, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation ... ." The statute speaks in terms of the recovery of the "actual damages such minor sustains and the cost of suit, including attorney's fees." See 18 U.S.C. §2255(a) (2002). See Smith Husband, 428 F.Supp.2d 432 (E.D. Va. 2006); Smith Husband, 376 F.Supp.2d 603 (E.D. Va. 2006); Doe'. Liberatore 478 F.Supp.2d 742, 754 (M.D. Pa. 2007); and the recent cases in front of this court on Defendant's Motions to Dismiss and For More Definite Statement — Doe No. 2 Epstein, 2009 WL 383332 (S.D. Fla. Feb. 12, 2009); Doe No. 31. Epstein 2009 WL 383330 (S.D. Fla. Feb. 12, 2009); Doe No. 41. Epstein, 2009 WL 383286 (S.D. Ha. Feb. 12, 2009); and Doe No. 5I. Epstein, 2009 WI, 383383 (S.D. Fla. Feb. 12, 2009); see also U.S. Scheidt, Slip Copy, 2010 WL 144837, fn. 1 (E.D.CaI. Jan. II, 2010)- U.S.'. Rena, 2009 WI, 2579103, fn. I (E.D. Cal. Aug. 19, 2009); U.S. Ferenci, 2009 WL 2579102, fn. I (E.D. Cal. Aug. 19, 2009); U.S. Monk, 2009 WL 2567831, fn. I (E.D. Cal. Aug. 18, 2009). U.S.' Zane, 2009 WL 2567832, fn.l (E.D. Cal. Aug. 18 2009). As to the meaning of "actual damages," the Eleventh Circuit in McMillian i t F.D.I.C., 81 F.3d 1041, 1055 (I I th Cir.1996)3, succinctly explained: 3 In McMillian the I 1th Circuit was faced with the task of the interpretation of the statutory term "actual direct compensatory damages" under FIRREA, 12 U.S.C. §I821W(3)(i). In doing so, the Court began with the plain meaning of the phrase. See g Perrin United States 444 U.S. 37, 42-43, 100 S.Ct. 311, 314, 62 L.Ed.2d 199 (1979) ("A fundamental canon of statutory construction is that, unless otherwise defined, words will besinterpreted as taking their ordinary, contemporary common meaning."). United States I McLymont, 45 F.3d 400, 401 (11th Cir.), cert. denied, 514 U.S. 1077, 115 S.Ct. 5 EFTA00233494 ... "Compensatory damages" arc defined as those damages that "will compensate the injured party for the injury sustained, and nothing more; such as will simply make good or replace the loss caused by the wrong or injury." Black's Law Dictionary (6th Ed.1991). "Actual damages," roughly synonymous with compensatory damages, arc defined as "[r]eal, substantial and just damages, or the amount awarded to a complainant in compensation for his actual and real loss or injury, as opposed ... to 'nominal' damages [and' 'punitive' damages." Id. Is Finally, "Idlirect damages arc such as follow immediately upon the act done." Id. Thus, "actual direct compensatory damages" appear to include those damages, flowing directly from the repudiation, which make one whole, as opposed to those which go farther by including future contingencies such as lost profits and opportunities or damages based on speculation. [Citation omitted]. ... FN15. According to Corpus Juris Secundum, " 'Compensatory damages' and 'actual damages' are synonymous terms ... and include[ all damages other than punitive or exemplary damages." 25 C.J.S. Damages § 2 (1966). (Emphasis added). See also, Fanin U.S. Dept. of Veteran Affairs, 2009 WI. 1677233 (111h Cir. June 17, 2009), citing Fitzpatrick IRS 665 F.2d 327, 331 (11th Cir. 1982), abrogated on other grounds by Doe'. Chao, 540 U.S. 614, 124 S.Ct. 1204 (2004\ "Actual damages" recoverable under the Privacy Act arc "proven pecuniary losses and not for generalized mental injuries, loss of reputation, embarrassment or other non-qualified injuries;" and the statutory minimum of $1,000 under the Privacy Act is not available unless the plaintiff suffered some amount of "actual damages."). Considering the plain meaning of "actual damages" and the purpose of such damages is to "make one whole," to allow a duplication or multiplication of the actual damages sustained is in direct conflict with the well entrenched legal principle against duplicative damages recovery. See generally, E.E.O.C. I. Waffle House, Inc. 534 U.S. 1723, 131 L.Ed.2d 581 (1995) ("Mhe plain meaning of this statute controls unless the language is ambiguous or leads to absurd results."). 6 EFTA00233495 279, 297, 122 S.Ct. 754, 766 (2002\"As we have noted, it 'goes without saying that the courts can and should preclude double recovery by an individual!"), citing General Telephone, 446 U.S., at 333, 100 S.Ct. 1698. The purpose of damages recovery where a Plaintiff has suffered personal injury as a result of Defendant's misconduct is to make the plaintiff whole, not to enrich the plaintiff. See 22 Am.Jur.2d Damages §36, stating the settled legal principle that — The law abhors duplicative recoveries, and a plaintiff who is injured by a defendant's misconduct is, for the most part, entitled to be made whole, not enriched. Hence, for one injury, there should be one recovery, irrespective of the availability of multiple remedies and actions. Stated otherwise, a party cannot recover the same damages twice, even if recovery is based on different theories. , a plaintiff who alleges separate causes of action is not permitted to recover more than the amount of damages actually suffered. There cannot be a double recovery for the same loss, even though different theories of liability are alleged in the complaint. ... . See also, 22 Am.Jur.2d Damages § 28 — The law abhors duplicative recoveries; in other words, a plaintiff who is injured by reason of a defendant's behavior is, for the most part, entitled to be made whole, not to be enriched. The sole object of compensatory damages is to make the injured party whole for losses actually suffered; the plaintiff cannot be made more than whole, make a profit, or receive more than one recovery for the same harm. Thus, a plaintiff in a civil action for damages cannot, in the absence of punitive or statutory treble damages, recover more than the loss actually suffered. The plaintiff is not entitled to a windfall, and the law will not put him in a better position than he would be in had the wrong not been done or the contract not been broken. Sec also recent case of U.S. Baker, 2009 WL 4572, at *8, (F.D. Tx. Dec. 7, 2009), wherein the Court was inclined to agree with the defendant's interpretation of §2255(a) of allowing for a single recovery of the statutory minimum damages amount as opposed to the government's argument that "the minimum amount of damages mandated by 18 U.S.C. §2255(a) applies to each of (pornographic) image produced by 7 EFTA00233496 [defendant]." The government attempted to argue that restitution should be equal to the statutory minimum amount times the 55 photos produced by defendant. In rejecting the government's argument, the Court reiterated that the statutory minimum is a floor for damages — in other words, a mandated minimum. Nothing prevents a plaintiff from proving that he or she suffered damages in a greater amount. In attempting to bring six counts pursuant to §2255, Plaintiff's complaint alleges in part that "Plaintiff was merely a seventeen year old high school student when she was first lured into Defendant's sexually exploitive world in or about January 2004." Complaint, ¶17. According to the allegations, Plaintiff "was recruited while at work by a co-worker, one of the minor victims Defendant paid to procure underage females." Id. The Complaint further alleges, ¶17-26, that Defendant "sexually abused and/or battered and/or exploited Plaintiff at least 100 times between January 2004 and May 2005." If Plaintiff were 17 in January, 2004, she was at least 18 (the age of majority) in January 2005, if not sooner.° Plaintiff alleges identical damages in each of the six counts. Complaint, ¶¶30, 34, 38, 43, 48, and 52. See endnote 2 hereto for Complaint allegations? In other words, Plaintiff is alleging and seeking recovery of duplicative damages in each of the six counts. To the extent Plaintiff is seeking to duplicate her "actual damages" on a per incident or per violation or per count basis, Plaintiff's action is required to be dismissed for failure to state a cause of action. 4 Defendant is moving for more definite statement requiring Plaintiff to specifically state her date of birth because her age and when she reached the age of majority may impact her ability to even pursue a §2255 claim. 8 EFTA00233497 Had Congress wanted to write in a multiplier of actual damages recoverable it could have easily done so. For an example of a statute wherein the legislature included the language "for each violation" in assessing a "civil penalty," see 18 U.S.C. §216, entitled "Penalties and injunctions," of Chapter 11 — "Bribery, Graft, and Conflict of Interests," also contained in Title 18 — "Crimes and Criminal Procedure." Subsection (b) of §216 gives the United States Attorney General the power to bring a "civil action ... against any person who engages in conduct constituting an offense under" specified sections of the bribery, graft, and conflicts of interest statutes. The statute further provides in relevant part that "upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, which ever amount is greater." As noted, 18 U.S.C. §2255 does not include such language. B. Constitutional Considerations.5 As set forth above, it is Defendant's position that the text of 18 U.S.C. §2255 does not allow a Plaintiff to pursue the recovery of actual damages or the minimum afforded under the statute on a "per violation" or "per incident" basis by attempting to allege multiple counts thereunder. In the alternative, if one were to assume that the language of §2255 were vague or ambiguous, under the constitutional based protections of due process, judicial restraint, and the rule of lenity applied in construing a statute, Defendant's position as to the meaning of the statute would prevail. See United States'. Santos 128 S.Ct. 2020, 2025 (2008). As summarized by the United States Supreme Court in Santos supra, at 2025: 3 See argument in sections (2) and (3) that follow which represent the predicate for the rule of lenity issue discussed in B. 9 EFTA00233498 ... The rule of lenity requires ambiguous criminal laws to be interpreted in favor of the defendants subjected to them. See United States I Gradwell, 243 U.S. 476, 485, 37 S.Ct. 407, 61 L.Ed. 857 (1917); McBoyle . United States, 283 U.S. 25, 27, 51 S.Ct. 340, 75 L.Ed. 816 (1931); United States'. Bass, 404 U.S. 336, 347-349, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971). This venerable rule not only vindicates the fundamental principle that no citizen should be held accountable for a violation of a statute whose commands are uncertain, or subjected to punishment that is not clearly prescribed. It also places the weight of inertia upon the party that can best induce Congress to speak more clearly and keeps courts from making criminal law in Congress's stead. ... In Santos the Court was faced with the interpretation of the term "proceeds" in the federal money laundering statute, 18 U.S.C. §1956. "The federal money-laundering statute prohibits a number of activities involving criminal `proceeds."' Id, at 2023. Noting that the term "proceeds" was not defined in the statute, the Supreme Court stated the well settled principle that "when a term is undefined, we give it its ordinary meaning." Id, at 2024. Under the ordinary meaning principle, the government's position was that proceeds meant "receipts," while the defendant's position was that proceeds meant "profits." The Supreme Court recognized that under either of the proffered "ordinary meanings," the provisions of the federal money-laundering statute were still coherent, not redundant, and the statute was not rendered "utterly absurd." Under such a situation, citing to a long line of cases and the established rule of lenity, "the tie must go to the defendant." Id, at 2025. See portion of Court's opinion quoted above. "Because the `profits' definition of `proceeds' is always more defendant friendly that the `receipts' definition, the rule of lenity dictates that it should be adopted." Id. The recent case of United States i. Berdcal 595 F.Supp.2d 1326 (S.D. Fla. 2009), further supports Defendant's argument that the "rule of lenity" requires that the Court resolve any statutory interpretation conflict in favor of Defendant. Assuming for the sake of argument that Plaintiff's multiple counts, leading to a multiplication of the statutory 10 EFTA00233499 damages amount, is a reasonable interpretation, like Defendant's reasonable interpretation, under the "rule of lenity," any ambiguity is resolved in favor of the least draconian measure. In Berdeal, applying the rule of lenity, the Court sided with the Defendants' interpretation of the Lacey Act which makes illegal the possession of snook caught in specified jurisdictions. The snook had been caught in Nicaraguan waters. The defendants filed a motion to dismiss asserting the statute did not encompass snook caught in foreign waters. The United States disagreed. Both sides presented reasonable interpretations regarding the reach of the statute. In dismissing the indictment, the Court determined that the rule of lenity required it to accept defendants' interpretation. To allow a duplication or multiplication would subject Defendant EPSTEIN to a punishment that is not clearly prescribed — an unwritten multiplier of the "actual damages" or the presumptive minimum damages. The rule of lenity requires that Defendant's interpretation of the remedy afforded under §2255 be adopted. In addition, under the Due Process Clause's basic principle of fair warning - ... a criminal statute must give fair warning of the conduct that it makes a crime ... . As was said in United States'. Harriss, 347 U.S. 612, 617, 74 S.Ct. 808, 812, 98 L.Ed. 989, `The constitutional requirement of definiteness is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute. The underlying principle is that no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed.' Thus we have struck down a [state] criminal statute under the Due Process Clause where it was not `sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties.' Connally I. General Const. Co., 269 U.S. 385, 391, 46 S.Ct. 126, 127, 70 Ltd. 322. We have recognized in such cases that `a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law,' ibid., and that 11 EFTA00233500 `No one may be required at peril of life, liberty or property to speculate as to the meaning of penal statutes. All arc entitled to be informed as to what the State commands or forbids.' Lanzctta I. New Jersey, 306 U.S. 451, 453, 59 S.Ct. 618, 619, 83 L.Ed. 888. Thus, applying the statutory analysis, in A. and these well-entrenched constitutional principles of statutory interpretation and application in 13., Plaintiff's cause of action — Counts One through Six — to the extent Plaintiff is attempting to multiply actual damages or the presumptive amount of damages, is required to be dismissed for failure to state a cause of action. f2) In addition, if Plaintiff is relying on the amended version of 18 U.S.C. 622SS, such reliance is improper and requires dismissal of the entire action. It is Defendant's position that 18 U.S.C. 42255 in effect prior to the 2006 amendments applies to this action. f3) Further, Count Six is also required to be dismissed as it relies on a predicate act that was not in effect at the time of the alleged conduct.6 Plaintiff does not specifically allege in her Complaint on which version of 18 U.S.C. §2255 she is relying. However, in the purported Count Six of her Complaint, 150, she alleges that Defendant "knowingly engaged in a child exploitation enterprise, as defined in 18 U.S.C. §2252A(g)(2), in violation of 18 U.S.C. §2252A(g)(1)." §2252A is one of the specified predicate acts under 18 U.S.C. §2255. However, subsection (g) of §2252 was not added to the statute until 2006. Thus, to the extent that Plaintiff is relying on the amended version, such reliance is improper and the entire action is required to be dismissed. Further, in the alternative, Count Six is required to be dismissed as it relies on a statutory predicate act that did not exist at the time of the alleged conduct. The statute in effect during the time the alleged conduct occurred is 18 U.S.C. §2255 (2005) — the version in effect prior to the 2006 amendment, eff. Jul. 27, 2006, ° Points (2) and (3) are addressed together as the legal arguments overlap. 12 EFTA00233501 (quoted above), and having an effective date of 1999 through July 26, 2006. See endnote 1 hereto. Plaintiff's Complaint alleges that Defendant's conduct occurred during the time period from the age of 17, January 2004 until approximately May 2005. Complaint, VII 7, 18. Thus, the version in effect in 2004-2005 of 18 U.S.C. §2255 applies. Under applicable law, the statute in effect at the time of the alleged conduct applies. See U.S. Scheidt, Slip Copy, 2010 WL 144837, fn. 1 (E.D.Cal. Jan. 11, 2010); U.S. I. Remo, 2009 WI, 2579103, fn. 1 (E.D. Cal. Aug. 19, 2009)• U.S. Ferenc', 2009 WI. 2579102, fn. I (E.D. Cal. Aug. 19, 2009); U.S. I. Monk, 2009 WL 2567831, fn. I (E.D. Cal. Aug. IS, 2009); U.S. I. Zane, 2009 WL 2567832, fn.l (E.D. Cal. Aug. 18 2009). In each of these cases, the referenced footnote states — Prior to July 27, 2006, the last sentence in Section §2255(a) read "Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value." Under the civil statute, the minimum restitution amount for any violation of Section 2252 (the predicate act at issue) is $150,000 for violations occurring after July 27, 2006 and $50,000 for violations occurring prior to $50,000. Even with the typo (the extra "$50,000") at the end of the quoted sentence, it is clear that the Court applied the statute in effect at the time of the alleged criminal conduct constituting one of the statutorily enumerated predicate acts, which is consistent with applicable law discussed more fully below herein. It is an axiom of law that "retroactivity is not favored in the law." Bowen, 488 U.S., at 208, 109 S.Ct., at 471 (1988). As eloquently stated in Landgraf I. USI Film Products 114 S.Ct. 1483, 1497, 511 U.S. 244, 265-66 (1994): ... the presumption against retroactive legislation is deeply rooted in our jurisprudence, and embodies a legal doctrine centuries older than our Republic. Elementary considerations of fairness dictate that individuals should have an opportunity to know what the law is and to conform their conduct accordingly; settled 13 EFTA00233502 expectations should not be lightly disrupted.pus For that reason, the "principle that the legal effect of conduct should ordinarily be assessed under the law that existed when the conduct took place has timeless and universal appeal." Kaiser, 494 U.S., at 855, 110 S.Ct., at 1586 (SCALIA, J., concurring). In a free, dynamic society, creativity in both commercial and artistic endeavors is fostered by a rule of law that gives people confidence about the legal consequences of their actions. FN18. See Genera! Motors Corp. Romein, 503 U.S. 181, 191, 112 S.C. 1105, 1112, 117 L.Ed.2d 328 (1992) ("Retroactive legislation presents problems of unfairness that are more serious than those posed by prospective legislation, because it can deprive citizens of legitimate expectations and upset settled transactions"); (Further citations omitted]. It is therefore not surprising that the antiretroactivity principle finds expression in several provisions of our Constitution. The Ex Post Facto Clause flatly prohibits retroactive application of penal legislation.FN19 Article I, § 10, cl. I, prohibits States from passing another type of retroactive legislation, laws "impairing the Obligation of Contracts." The Fifth Amendments Takings Clause prevents the Legislature (and other government actors) from depriving private persons of vested property rights except for a "public use" and upon payment of "just compensation." The prohibitions on "Bills of Attainder" in Art. I, §§ 9-10, prohibit legislatures from singling out disfavored persons and meting out summary punishment for past conduct. See, e.g., United States Brown, 381 U.S. 437, 456-462, 85 S.Ct. 1707, 1719-1722, 14 L.Ed.2d 484 (1965). The Due Process Clause also protects the interests in fir notice and repose that may be compromised by retroactive legislation; a justification sufficient to validate a statute's prospective applicagion under the Clause "may not suffice" to warrant its retroactive application. Usery Turner Elkhorn Mining Co., 428 U.S. 1, 17, 96 S.Ct. 2882, 2893, 49 L.Ed.2d 752 (1976). FNI9. Article I contains two Ex Post Facto Clauses, one directed to Congress (§ 9, cl. 3), the other to the States (§ 10, cl. I). We have construed the Clauses as applicable only to penal legislation. See Calder I Bull, 3 Dall. 386, 390-391, L.Ed. 648 (1798) (opinion of Chase, J.). These provisions demonstrate that retroactive statutes raise particular concerns. The Legislature's unmatched powers allow it to sweep away settled expectations suddenly and without individualized consideration. Its responsivity to political pressures poses a risk that it may be tempted to use retroactive legislation as a means of retribution against unpopular groups or ingividuals. As Justice Marshall observed in his opinion for *9498 the Court in Weaver I Graham, 450 U.S. 24, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981), the Ex Post Facto Clause not only ensures that individuals have "fair warning" about the effect of criminal statutes, but also "restricts governmental power by restraining arbitrary and potentially vindictive legislation." Id.. at 28-29, 101 S.Ct., at 963-964 (citations omitted). FN10 FN20. See Richmond I J. A. Croton Co., 488 U.S. 469, 513-514, 109 S.Ct. 706, 732, 102 L.Ed.2d 854 (1989) ("Legislatures are primarily policymaking bodies that promulgate rules to govern future conduct. The constitutional prohibitions against the enactment of ex post facto laws and bills of attainder reflect a valid concern about. the use of the political process to punish or characterize past conduct of 14 EFTA00233503 private citizens. It is the judicial system, rather than the legislative process, that is best equipped to identify past wrongdoers and to fashion remedies that will create the conditions that presumably would have existed had no wrong been committed") (STEVENS, J., concurring in part and concurring in judgment); James I United States, 366 U.S. 213, 247, n. 3, 81 S.Ct. 1052, 1052, n. 3, 6 L.Ed.2d 246 (1961) (retroactive punitive measures may reflect "a purpose not to prevent dangerous conduct generally but to impose by legislation a penalty against specific persons or classes of persons"). These well entrenched constitutional protections and presumptions against retroactive application of legislation establish that 18 U.S.C. §2255 (2005) in effect at the time of the alleged conduct applies to the instant action, and not the amended version. II. Not only is there no clear express intent stating that the statute is to apply retroactively, but applying the current version of the statute, as amended in 2006, would be in clear violation of the Ex Post Facto Clause of the United States Constitution as it would be applied to events occurring before its enactment and would increase the penalty or punishment for the alleged crime. U.S. Const. Art. 1, §9, cl. 3, §10, cl. 1. U.S. I. Seigel, 153 F.3d 1256 (1 11h Cir. 1998); U.S. Edwards, 162 F.3d 87 (3d Cir. 1998); and generally, Calder Bull, 3 U.S. 386, 390, I L.Ed. 648, 1798 WL 587 (Calder) (1798). The United States Constitution provides that "[n]a Bill of Attainder or cx post facto Law shall be passed" by Congress. U.S. Const. art. I, § 9, cl. 3. A law violates the Ex Post Facto Clause if it " `appli[es] to events occurring before its enactment ... [and] disadvantage[s] the offender affected by it' by altering the definition of criminal conduct or increasing the punishment for the crime." Lynce Mathis 519 U.S. 433, 117 S.Ct. 891, 137 L.F,d.2d 63 (1997) (quoting Weaver Graham 450 U.S. 24, 29, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981)). U.S. I. Siegel,153 F.3d 1256, 1259 (11th Cir. 1998). §2255 is contained in Title 18 of the United States Codes - "Crimes and Criminal Procedure, Part 1. Crimes, Chap. 110. Sexual Exploitation and Other Abuse of Children." 18 U.S.C. §2255 (2005), is entitled Civil remedy for personal injuries, and imposes a presumptive minimum of damages in the amount of $50,000, should Plaintiff prove any 15 EFTA00233504 violation of the specified criminal statutes and that she suffered personal injury and sustained actual damages. Thus, the effect of the 2006 amendments, effective July 27, 2006, would be to triple the amount of the statutory minimum previously in effect during the time of the alleged acts. The statute, as amended in 2006, contains no language stating that the application is to be retroactive. Thus, them is no manifest intent that the statute is to apply retroactively, and, accordingly, the statute in effect during the time of the alleged conduct is to apply. Landgraf USI Film Products supra, at 1493, ("A statement that a statute will become effective on a certain date does not even arguably suggest that it has any application to conduct that occurred at an earlier date."). This statute was enacted as part of the Federal Criminal Statutes targeting sexual predators and sex crimes against children. H.R. 3494, "Child Protection and Sexual Predator Punishment Act of 1998;" House Report No. 105-557, 11, 1998 U.S.C.A.N. 678, 679 (1998). Quoting from the "Background and Need For Legislation" portion of the I louse Report No. 105-557, 11-16, H.R. 3494, of which 18 U.S.C. §2255 is included, is described as "the most comprehensive package of new crimes and increased penalties ever developed in response to crimes against children, particularly assaults facilitated by computers." Further showing that §2255 was enacted as a criminal penalty or punishment, "Title II — Punishing Sexual Predators," Sec. 206, from House Report No. 105-557, 5-6, specifically includes reference to the remedy created under §2255 as an additional means of punishing sexual predators, along with other penalties and punishments. Senatorial Comments in amending §2255 in 2006 confirm that the creation of the presumptive minimum damage amount is meant as an additional penalty against 16 EFTA00233505 those who sexually exploit or abuse children. 2006 WL 2034118, 152 Cong. Rec. S8012- 02. Senator Kerry refers to the statutorily imposed damage amount as "penalties." Id. The cases of U.S. I. Siegel, supra (I I's Cir. 1998), and U.S. . Edwards supra (3d Cir. 1998), also support Defendant's position that application of the current version of 18 U.S.C. §2255 would be in clear violation of the Ex Post Facto Clause. In Siegel, the Eleventh Circuit found that the Ex Post Facto Clause barred application of the Mandatory Victim Restitution Act of 1996 (MVRA) to the defendant whose criminal conduct occurred before the effective date of the statute, 18 U.S.C. §3664(0(1)(A), even though the guilty plea and sentencing proceeding occurred after the effective date of the statute. On July 19, 1996, the defendant Siegel pleaded guilty to various charges under 18 U.S.C. §371 and §1956(a)(I)(A), (conspiracy to commit mail and wire fraud, bank fraud, and laundering of money instruments; and money laundering). He was sentenced on March 7, 1997. As part of his sentence, Siegel was ordered to pay $1,207,000.00 in restitution under the MVRA which became effective on April 24, 1996. Pub.L. No. 104-132, 110 Stat. 1214, 1229-1236. The 1996 amendments to MVRA required that the district court must order restitution in the full amount of the victim's loss without consideration of the defendant's ability to pay. Prior to the enactment of the MVRA and under the former 18 U.S.C. §3664(a) of the Victim and Witness Protection Act of 1982 (VWI'A), Pub.l. No. 97-291, 96 Stat. 1248, the court was required to consider, among other factors, the defendant's ability to pay in determining the amount of restitution. When the MVRA was enacted in 1996, Congress stated that the amendments to the VWPA "shall, to the extent constitutionally permissible, be effective for sentencing proceedings in cases in which the defendant is convicted on or after the date of enactment 17 EFTA00233506 of this Act [Apr. 24, 1996]." Siegel, supra at 1258. The alleged crimes occurred between February, 1988 to May, 1990. The Court agreed with the defendant's position that 1996 MVRA "should not be applied in reviewing the validity of the court's restitution order because to do so would violate the Ex Post Facto Clause of the United States Constitution. See U.S. Const. art I, §9, cl. 3." The Ex Post Facto analysis made by the Eleventh Circuit in Siegel is applicable to this action. In resolving the issue in favor of the defendant, the Court first considered whether a restitution order is a punishment. Id, at 1259. In determining that restitution was a punishment, the Court noted that §3663A(a)(I) of Title 18 expressly describes restitution as a "penalty." In addition, the Court also noted that "[allthough not in the context of an ex post facto determination, ... restitution is a 'criminal penalty meant to have strong deterrent and rehabilitative effect.' United States Twitty 107 F.3d 1482, 1493 n. 12 (11th Cir.1997)." Second the Court considered "whether the imposition of restitution under the MVRA is an increased penalty as prohibited by the Ex Post Facto Clause." Id, at 1259. In determining that the application of the 1996 MVRA would indeed run afoul of the Constitution's Ex Post Facto Clause, the Court agreed with the majority of the Circuits that restitution under the 1996 MVRA was an increased penalty.? "The effect of the MVRA can be detrimental to a defendant. Previously, after considering the defendant's financial condition, the court had the discretion to order restitution in an amount less than the loss sustained by the victim. Under the MVRA, however, the court The Eleventh Circuit, in holding that "the MVRA cannot be applied to a person whose criminal conduct occurred prior to April 24, 1996," was "persuaded by the majority of districts on this issue." "Restitution is a criminal penalty carrying with it characteristics of criminal punishment." Siegel, supra at 1260. The Eleventh Cir iit is in agreement with the Second, Third, Eighth, Ninth, and D.C. Circuits. See U.S. . Futrell 209 F.3d 1286, 1289-90 (1 Oh Cir. 2000). 18 EFTA00233507 must order restitution to each victim in the full amount." Id, at 1260. See also U.S. I. Edwards 162 F.2d 87 (3rd Circuit 1998). In the instant case, in answering the first question, it is clear that that imposition of a minimum amount of damages, regardless of the amount of actual damages suffered by a minor victim, is meant to be a penalty or punishment. See statutory text and House Bill Reports, cited above herein, consistently referring to the presumptive minimum damages amount under §2255 as "punishment" or "penalties." According to the Ex Post Facto doctrine, although §2255 is labeled a "civil remedy," such label is not dispositive; "if the effect of the statute is to impose punishment that is criminal in nature, the cx post facto clause is implicated." See generally, Roman Catholic Bishop of Oakland'. Superior Court, 28 Cal.Rptr.3d 355, at 360, citing Kansas'. I Icndricks, 521 U.S. 346, 360-61 (1997). The effect of applying the 2006 version of §2255 would be to triple the amount of the presumptive minimum damages to a minor who proves the elements of her §2255 claim. The fact that a plaintiff proceeding under §2255 has to prove a violation of a criminal statute and suffer personal injury to recover damages thereunder, further supports that the imposition of a minimum amount, regardless of a victim's actual damages sustained, is meant and was enacted as additional punishment or penalty for violation of criminal sexual exploitation and abuse of minors. Accordingly, this Court is required to apply the statute in effect at the time of the alleged criminal acts. Not only is there no language in the 2006 statute stating that it is to apply retroactively, but further, such application of the 2006 version of 18 U.S.C. §2255 to acts that occurred prior to its effective date would have a detrimental and punitive 19 EFTA00233508 effect on Defendant by tripling the presumptive minimum of damages available to a plaintiff, regardless of the actual damages suffered.8 C. As discussed above, 18 U.S.C. §2255 was enacted as part of the criminal statutory scheme to punish and penalize those who sexually exploit and abuse minors, and thus, the Ex Post Fact Clause prohibits a retroactive application of the 2006 amended version. Even if one were to argue that the statute is "civil" and the damages thereunder are "civil" in nature, under the analysis provided by the United States Supreme Court in Landgraf I USI Film Products 511 U.S. 244, 114 S.Ct. 1483 (1994), pertaining to civil statutes, not only is there no express intent by Congress to apply the new statute to past conduct, but also, the clear effect of retroactive application of the statute would be to increase the potential liability for past conduct from a minimum of $50,000 to $150,000, and thus in violation of the constitutional prohibitions against such application. As noted, 18 U.S.C. §2255 is entitled "Civil remedy for personal injuries." Notwithstanding this label, the statute was enacted as part of the criminal statutory scheme to punish those who sexually exploit and abuse minors. Regardless of the actual damages suffered or proven by a minor, as long as a minor proves violation of a specified statutory criminal act under §2255 and personal injury, the defendant is held liable for the statutory imposed minimum. Notwithstanding the above legal analysis, in the recent case of Individual Known to Defendant As 08M1ST096.JPG and 08mist067.iog Falso, 2009 WI, 4807537 (N.D. N.Y. Dec. 9, 2009), United States District Court for the Northern District of New York Plaintiff has attempted to allege 6 counts pursuant to 18 U.S.C. §2255. If it is Plaintiff's position that she is entitled to the minimum damage amount on each count, regardless of her actual damages, the absurdity of a retroactive application is more magnified. Clearly, the result is an unconstitutional increase in either a penalty or civil liability. 20 EFTA00233509 addressed the issue of whether §2255 is a civil or criminal statute for purposes of the constitutional prohibition against double jeopardy. The New York Court stated that "looking to the plain language of §2255(a), it is clear that the statutory intent was to provide a civil remedy. This is exemplified by the title ... and the fact that the statute aims to provide compensation to individuals who suffered personal injury as a result of criminal conduct against them." The New York Court in analyzing whether §2255 violated the Constitutional prohibition against double jeopardy, concluded that although the behavior to which §2255 is criminal, it did not find that the "primary aim" was "retribution and deterrence." "The statute serves civil goals." The "primary aim" is "the compensation for personal injuries sustained as a result of criminal conduct." Therefore, because Jane Doe 103 has invoked the provisions of the criminal Non- Prosecution Agreement (NPA) between EPSTEIN and USAO (see paragraphs 25 and 26 of complaint), plaintiff cannot avoid the full protection of the rule of lenity and due process to which EPSTEIN is entitled in the context of these unique factual circumstances. Although there does not exist any definitive ruling of whether the damages awarded under §2255 are meant as criminal punishment or a civil damages award, Defendant is still entitled to a determination as a matter of law that the statute in effect at the time of the alleged criminal conduct applies. As explained by the Landgraf court, supra at 280, and at 1505,9 9 In Landaraf the United States Supreme Court affirmed the judgment of the Court of Appeals and refused to apply new provisions of the Civil Rights Act of 1991 to conduct occurring before the effective date of the Act. 'Ile Court determined that statutory text in question, §102, was subject to the presumption against statutory retroactivity. 21 EFTA00233510 When a case implicates a federal statute enacted after the events in suit, the court's first task is to determine whether Congress has expressly prescribed the statute's proper reach. If Congress has done so, of course, there is no need to resort to judicial default rules. When, however, the statute contains no such express command, the court must determine whether the new statute would have retroactive effect, i.e., whether it would impair rights a party possessed when he acted, increase a party's liability for past conduct, or impose new duties with respect to transactions already completed. if the statute would operate retroactively, our traditional presumption teaches that it does not govern absent clear congressional intent favoring such a result. Here, there is no clear expression of intent regarding the 2006 Act's application to conduct occurring well before its enactment. Clearly, however, as discussed in part B herein, the presumptive minimum amount of damages of $150,000 was enacted as a punishment or penalty upon those who sexually exploit and abuse minors. See discussion of House Bill Reports and Congressional background above herein. The amount triples the previous amount for which a defendant might be found liable, regardless of the amount of actual damages a plaintiff has suffered and proven. The new statute imposes a substantial increase in the monetary liability for past conduct. As stated in Landgraf, "the extent of a party's liability, in the civil context as well as the criminal, is an important legal consequence that cannot be ignored." Courts have consistently refused to apply a statute which substantially increases a party's liability to conduct occurring before the statute's enactment. Landgraf, supra at 284-85. Even if plaintiff were to argue that retroactive application of the new statute "would vindicate its purpose more fully," even that consideration is not enough to rebut the presumption against retroactivity. Id, at 285-86. "The presumption against statutory retroactivity is founded upon sound considerations of general policy and practice, and accords with long held and widely shared expectations about the usual operation of legislation." Id. Thus, Plaintiff's action should be dismissed and she should be required to plead her action under the applicable version of 18 U.S.C. §2255. 22 EFTA00233511 Motion For More Definite Statement and To Strike, Rule 12(e) and (f), F.R.C.P. As noted above, Plaintiff alleges that she was 17 year old high school student as of January, 2004, and that the alleged conduct involving EPSTEIN occurred "between approximately January 2004 and May 2005. Thus, Plaintiff had to be 18 (no longer a minor) by January of 2005. Under the principles of statutory construction, the language of §2255(a) is clear — "Any minor who is a victim of a violation of section ...of this title and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any minor as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value." As Plaintiff's date of birth is significant to her §2255 claim, she should be required to more definitely state her date of birth so that Defendant and this Court are able to determine precisely when she reached the age of majority. (The age of majority under both federal and state law is 18 years old. See 18 U.S.C. §2256(1), defining a "minor" as "any person under the age of eighteen years;" and §I.01, Definitions, Fla. Stat., defining "minor" to include "any person who has not attained the age of 18 years.") In addition, when Plaintiff reached the age of majority may impact her ability to even assert a §2255 claim. See §2255(b). To the extent that Plaintiff is relying on any alleged conduct that occurred after her 18 birthday as an element of her §2255 claim, such allegations should be stricken as immaterial and she should be required to more definitely state the dates of the alleged conduct. See Rule 12(0. Defendant also seeks to strike 1[110, I I, 12, 13, 14, 15, and 16, 23 EFTA00233512 of Plaintiff's Complaint as immaterial and impertinent. None of the allegations in those paragraphs specifically pertain to the Plaintiff. Not until ¶17 does Plaintiff assert allegations pertaining to her and the conduct of Defendant directly involving her. What EPSTEIN may or may not have allegedly done with respect to other alleged girls does not effect Plaintiff's claim brought pursuant to §2255. The allegations in ¶¶10-16 are not related to the elements of Plaintiff's §2255 claim and, thus, are required to be stricken. Conclusion Pursuant to the above, Plaintiff entire action is required to be dismissed. 18 U.S.C. §2255 allows for a single recovery of the actual damages sustained in proven; neither the "actual damages" sustained not the statutory minimum is subject to duplication or multiplication on a per violation or per count or per incident basis. Also, the statute in effect during the time of the alleged conduct applies, not the version as amended, effective July 27, 2006. Count VI is also required to be dismissed as it relies on a statutory predicate act that did not take effect until 2006. In addition, Plaintiff should be required to more definitely state her date of birth, and any conduct occurring after her 18th birthday should be stricken, and 1110 - 16 of the Complaint should also be stricken. WHEREFORE, Defendant requests that this Court dismiss the entire action against him, and further grant his motion for more definite statement and to strike. Robert D. Critton, Esq. Attorney for Defendant Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is 24 EFTA00233513 being served this day on all counsel of record identified on the following Service List in the manner specified by CM/ECF on this day of 2010. Robert C. Josefsberg, Esq. Jack Alan Goldberger, Esq. Katherine W. Ezell, Es Atterbury Goldberger & Weiss, P.A. e 800 12 Counselfor Defendant Jeffity Epstein ounse or amt Respectfully submitted, By: ROBERT D. CRITFON, JR., ESQ. ounse or Pe en ant e rey pstein 18 USCA 62255 (1999-July 26. 2006): PART I--CRIMES CHAPTER 110—SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN § 2255. Civil remedy for personal injuries (a) Any minor who is a victim of a violation of section 2241(c), 2242, 2243, 2251, 2251A. 2252, 2252A. 2260 2421 2422 or AZ 21 of this title 25 EFTA00233514 and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any minor as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value. (b) Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability. CREDIT(S) (Added Pub.L. 99-500, Title I. 6 101(b) [Title VII, § 703(a)), Oct. 18, 1986, 100 Stat. 1783-75, and amended Pub.L. 99-591. Title I. § 101(b) [Title VII, § 703(a)], Oct. 30, 1986, 100 Stat. 3341-75; Pub.L. 105-314, Title VI. § 605 Oct. 30, 1998, 112 Stat. 2984.) 18 U.S.C. 62255, as amended 2006. Effective July 27, 2006: PART I--CRIMES CHAPTER 110-SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN § 2255. Civil remedy for personal injuries (a) In general.--Any person who, while a minor, was a victim of a violation of section 2241(4 2242, 2243, 2251, 2251A 2252 2252A 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value. (b) Statute of limitations.--Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability. CREDIT(S) (Added Pub.L. 99-500. Title I. § 101(b) [Title VII, § 703(a)), Oct. 18, 1986, 100 Stat. 1783-75, and amended Pub.L. 99-591. Title 1, 4 101(b) [Title VII, § 703(a)), Oct. 30, 1986, 100 Stat. 3341-75; pub.L. 105-314. Title VI. 4 605 26 EFTA00233515 Oct. 30, 1998, 112 Stat. 2984; Pub.L. 109-248, Title VII, & 707(b). (c), July 27, 2006, 120 Stat. 650.) 2 Paragraphs 30, 34, 38, 43, 48, and 52 ofPlaintiff's Complaint alleges: 30. As a direct and proximate result of the offenses enumerated in 18 U.S.C. §2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant manipulating and leading her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future suffer additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. The "Wherefore" clauses in each of the six counts are also identical — WHEREFORE Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. §2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other relief this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. 27 EFTA00233516 EFTA00233517 - Not an Official Document Page 1 of 24 Report SelectioriCriteria Case ID: 502006CF009454AXXXMB Docket Start Date: Docket Ending Date: Case Description Case ID: 502006CF009454AXXXMB Case Caption: EPSTEIN, JEFFREY Division: W - COLBATH Filing Date: Wednesday, July 19th, 2006 Court: CF -FELONY Location: MB - MAIN BRANCH Jury: N-Non Jury Type: CF -FELONY Status: CLSD - CLOSED CASE Related Cases No related cases were found. Case Event Schedule Event Date/Time Room Location Judge/Commissioner CASE MAIN COURTROOM COLBATH, JUDGE JEFFREY DISPOSITION BRANCH 11F CASE MAIN COURTROOM] COLBATH, JUDGE JEFFREY DISPOSITION BRANCH 11F Case Parties Expn Type ID Name Date DEFENDANT 24167391 EPSTEIN, JEFFREY E. Aliases: none 3 1 22-AUG- ATTORNEY ATTY MALINSKI, NORMAN Aliases: none 2006 hup://courtcon.co.palm-beach.flais/p1s/jiwp/ek_public_qry_docup_dktrpt_docket_report?e... 8/4/2009 EFTA00233518 - Not an Official Document Page 2 of 24 JUDGE COLBATH, JUDGE Aliases: none JEFFREY 1 30-JUN- ATTORNEY 0262013 GOLDBERGER ESQ, Aliases: none 2008 JACK A Docket Entries Docket Docket Type Book and Page No. Attached To: Number ZCAPS - CONVERSION 1ST CAPIAS ISS DATE Filing Date: 17-JUL-2006 -1 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: PerSchedule Tracking# 324329 ZINFO - CONVERSION INFO FILING DATE Filing Date: 19-JUL-2006 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 1 JIDV - DOCKET HISTORY Filing Date: 19-JUL-2006 Filing Party: Disposition Amount: ARREST WARRANT DIVISION W ORDERED BY JUDGE KROLL Docket Text: ON 071706. ISSUED ON 071706. BOND SET PER SCHEDULE. 2 JIDV - DOCKET HISTORY Filing Date: 19-JUL-2006 Filing Party: Disposition Amount: Docket Text: INDICTMENT. 2A JIDV - DOCKET HISTORY lutp://courtcon.co.palm-beach.fLus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233519 - Not an Official Document Page 3 of 24 Filing Date: 23-JUL-2006 Filing Party: Disposition Amount: Docket Text: ARREST RECORD. 3 JIDV - DOCKET HISTORY Filing Date: 25-JUL-2006 Filing Party: Disposition Amount: CASH BOND. BOND POSTED ON 072306 RECEIPT: 00073142 Docket Text: BOND AMT $3000 ---am• 4 I JIDV - DOCKET HISTORY -----ii m, Filing Date: 27-JUL-2006 Filing Party: Disposition Amount: Docket Text: NOTICE OF ARRAIGNMENT. 5 JIDV - DOCKET HISTORY Filing Date: 16-AUG-2006 Filing Party: Disposition Amount: Docket Text: NOTICE OF UNAVAILABILITY FILED BY L. BELOHLAVEK,ASA.BH 6 JIDV - DOCKET HISTORY Filing Date: 22-AUG-2006 Filing Party: Disposition Amount: PRAECIPE FOR APPEARANCE, WAIVER OF ARRAIGNMENT, Docket Text: PLEA OF NOT GUILTY AND REQUEST FOR JURY TRIAL FILED BY JACK GOLDBERGER. BH JIFM - MISD/FELONY RECORD HISTORY Filing Date: 06-OCT-2006 Filing Party: Disposition Amount: JIFM JUDICIAL INFORMATION FELONY RECORD WRITTEN NG Docket Text: PLEA: 08/22/06 CONFLICT Case: N DOWN-FILED To: FEE Case: N PTI Date: REOPEN: N PTI Reject: N Date: COMMENTS: None http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ek_public_qry_doet.cp_dktrpt_docket_report?e... 8/4/2009 EFTA00233520 - Not an Official Document Page 4 of 24 FAHIS - FELONY/MISD ARRAIGN HISTORY Filing Date: 06-OCT-2006 Filing Party: Disposition Amount: X/JIFA FELONY-MISDEMEANOR ARRAIGNMENT RECORD DEF IS EPSTEIN JEFFREY E LEGACY CASE NUMBER: 41673917332767 PRAECIPE AND WAIVER FILED BY: DATE: 082206 DATE: JUDGE: COURT: DEFENSE ATTY: PD APPT: Docket Text: DEFENDANT PRESENT: PLEA: ADVISED OF RIGHTS: ARRAIGNMENT PASSED TO: DATE: TIME: COURT: DEFENDANT RELEASED, FAILURE OF STATE TO FILE DATE: PTI DATE: !COMMENTS: None CALHS - CALENDAR HISTORY Filing Date: 06-OCT-2006 Filing Party: Disposition Amount: 08/25/06 0845 CLDR= F DIV= AW ARRAIGNMENT DELETED- ON 082506 RESET TO 0000 DIV: REMARKS: (CR-DAMES)-, Docket Text: PRAECIPE FOR APPEARANCE & WAIVER FILED ON 02206-SEND FILE TO JUDGE FOR DATE (D/ARS) 7 JDN - JUDICIAL NOTES Filing Date: 16-NOV-2006 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SETTING CASE FOR CASE DISPOSITION ON 12/8/06 @ 8:30 A.M. EVSCH - HEARING EVENT SCHEDULED Filing Date: 30-NOV-2006 Filing Party: Disposition Amount: Docket Text: none. 8 NOH - NOTICE OF HEARING Filing Date: 04-DEC-2006 Filing Party: Disposition Amount: Docket entry for the letter produced from CSAEOUT on 04-DEC-2006 Docket Text: by LPRATTS. http://courtcon.co.palm-beach.fl.us/pIs/jiwp/ck_public gry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233521 - Not an Official Document Page 5 of 24 EVSCH - HEARING EVENT SCHEDULED Filing Date: 07-DEC-2006 Filing Party: Disposition Amount: Docket Text: none. EVCON - EVENT CONTINUED Filing Date: 07 DEC-2006 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: AGREED ORDER CONTINUING CASE DISPO. 9 WST - WAIVER OF SPEEDY TRIAL Filing Date: I07-DEC-2006 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY JACK GOLDBERGER (D/ARS) 10 AGOR - AGREED ORDER Filing Date: 07-DEC-2006 Filing Party: EPSTEIN JEFFREY E Disposition Amount: (JUDGE MCSORLEY) CONTINUING CASE DISPO PRESENTLY Docket Text: SCHEDULED 08-DEC AT 0830AM TO 08-MARCH-2007 AT 0830AM. 11 RMAL - RETURNED MAIL Filing Date: 11-DEC-2006 Filing Party: EPSTEIN. JEFFREY E Disposition Amount: Docket Text: UNABLE TO FORWARD 1 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 21-FEB-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 07-18 THRU 7-20 FILED BY ASA EVSCH - HEARING EVENT SCHEDULED http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233522 - Not an Official Document Page 6 of 24 Filing Date: 05-MR-2007 Filing Party: Disposition Amount: Docket Text: none. EVRST - EVENT RESET Filing Date: 05-MAR-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: AGREED ORDER CONTINUING CASE DISPO 13 AGOR - AGREED ORDER Filing Date: 05-MAR-2007 Filing Party: EPSTEIN, JEFFREY E IRisposition Amount: I(JUDGE MCSORLEY) CONTINUING CASE DISPO PREVIOUSLY- 1 Docket Text: SET FOR 08-MAR-2007 AND RESETTING FOR CASE DISPO ON 16-MAY-2007 AT 0830AM. 14 NOH - NOTICE OF HEARING Filing Date: 07-MAR-2007 Filing Party: Disposition Amount: Docket entry for the letter produced from CSAEOUT on 07-MAR- Docket Text: 2007 by DFELDER. 15 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 12-APR-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY ASA 4-30 THRU 05-04 EVCON - EVENT CONTINUED Filing Date: 11-MAY-2007 Filing Party: 1 EPSTEIN, JEFFREY E Disposition Amount: Docket Text: AGREED ORDER CONTINUING 16 AGOR - AGREED ORDER Filing Date: 11-MAY-2007 i http://courtcon.co.palm-beachnus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233523 - Not an Official Document Page 7 of 24 Filing Party: 'EPSTEIN, JEFFREY E Disposition Amount: (JUDGE MCSORLEY) CONTINUING CASE DISPO FROM 16-MAY- Docket Text: 2007 TO 16-NOV-2007 AT 0830AM. EVSCH HEARING EVENT SCHEDULED Filing Date: 14-MAY-2007 Filing Party: Disposition Amount: Docket Text: !none. EVSCH - HEARING EVENT SCHEDULED Filing Date: 15-MAY-2007 Filing Party: Disposition Amount: Docket Text: fipone. EVCAN - EVENT CANCELLED/SETTLED Filing Date: 15-MAY-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: CANCEL 051607/ADD TO CALENDAR 111607-PER J.A NOTE Docket Text: FILED 051507 (D/ARS) 17 f JDN - JUDICIAL NOTES Filing Date: 15-MAY-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: FROM J.A.CANCEL FROM 051607/ADD TO CALENDAR 111607, Docket Text: 0830AM FOR CASE DISPOSITION FILED (D/ARS) 18 I NOH - NOTICE OF HEARING Filing Date: '] 16-MAY-2007 Filing Party: Disposition Amount: Docket entry for the letter produced from CSAEOUT on 16-MAY- Docket Text: 2007 by DFELDER. 19 NOUN - NOTICE OF UNAVAILABILITY] http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233524 - Not an Official Document Page 8 of 24 Filing Date: 25-JUL-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 8-22 THRU 24 FILED BY ASA 20 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 08-AUG-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY ASA 21 I NOUN - NOTICE OF UNAVAILABILITY Filing Date: 12-SEP-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 9-18 THRU 20 FILED BY ASA 22 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 01-OCT-2007 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: 10-09 THRU 12 FILED BY ASA EVCAN - EVENT CANCELLED/SETTLED Filing Date: 30-OCT-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. EVSCH HEARING EVENT SCHEDULED Filing Date: 30-OCT-2007 Filing Party: Disposition Amount: Docket Text: none. 23 AGOR - AGREED ORDER Filing Date: 30-OCT-2007 Filing Party: EPSTEIN, JEFFREY E http://courtcon.co.palm-beach.fl.us/pls/jiwpick_public_qry_doct.cp_dktrpt_docket_report?e... 8/4/2009 EFTA00233525 - Not an Official Document Page 9 of 24 'Disposition Amount: (JUDGE MCSORLEY) SCHEDULING CASE FOR TRIAL - CANCELLING CASE FOR 11/16/07 @ 8:30 AM FOR CASE Docket Text: DISPOSITION AND SETTING FOR 1/07/08 @ 9:00 AM FOR JURY TRIAL 24 JJDN - JUDICIAL NOTES Filing Date: 30-OCT-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: CASE CANCELLED FOR 11/16/07 @ 8:30 AM FOR CASE DISPO Docket Text: AND 11/20/07 @ 8:30 AM FOR PLEA CONFERENCE ( NOT SCHEDULED) 25 NOH - NOTICE OF HEARING Filing Date: 06-NOV-2007 Filing Party: i Disposition Amount: Docket entry for the letter produced from CSAEOUT on 06-NOV- Docket Text: 2007 by DFELDER. 26 i NOH - NOTICE OF HEARING Filing Date: 10-DEC-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: SETTING CASE FOR 1/04/08 FOR PLEA CONFERENCE - FILED Docket Tex • BY J. GOLBERGER EVSCH HEARING EVENT SCHEDULED Filing Date: 11-DEC-2007 Filing Party: Disposition Amount: Docket Text: 'none. 27 MOT - MOTION Filing Date: 02-JAN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: I i AGREED MOTION TO CONTINUE TRIAL - FILED BY J. GOLDBERGER I http://courtcon.co.palm-beachltus/p1s/jiwp/ck_public qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233526 - Not an Official Document Page 10 of 24 EVSCH - HEARING EVENT SCHEDULED Filing Date: 03-JAN-2008 Filing Party: Disposition Amount: Docket Text: none. EVCAN - EVENT CANCELLED/SETTLED Filing Date: 03-JAN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. EVCAN - EVENT CANCELLED/SETTLED Filing Date: 03-JAN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 28 LTR LETTER Filing Date: I03-JAN-2008 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: TO JUDGE MCSORLEY FROM JACK A. GOLDBERGER RE: Docket Text: AGREED MOTION TO CONTINUE. 29 MOT - MOTION Filing Date: 03-JAN-2008 [FIling Party: EPSTEIN, JEFFREY E Disposition Amount: AGREED MOTION TO CONTINUE TRIAL FILED BY JACK A. Docket Text: GOLDBERGER. 30 jAGOR - AGREED ORDER Filing Date: 03-JAN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (JUDGE MCSORLEY) CONTINUING TRIAL FROM 07-JAN-2008, http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233527 - Not an Official Document Page 11 of 24 CANCELLING PLEA CONFERENCE ON 04-JAN-2008 AND Docket Text: SETTING CASE FOR A STATUS CHECK ON 10-MAR-2008 AT 08:30AM. 31 NOH - NOTICE OF HEARING Filing Date: 28-JAN-2008 Filing Party: 1 Disposition Amount: Docket entry for the letter produced from CSAEOUT on 28-JAN-2008 Docket Text: by VBUCKLEY. 32 IDEPO - DEPOSITION Filing Date: 31-JAN-2008 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: (NOTICE OF) FILED BY J. GOLDBERGER 32 A I MEP() - MOTION FOR PROTECTIVE ORDER Filing Date: 06-FEB-2008 I Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY THEODORE LEOPOLD 33 MFPO - MOTION FOR PROTECTIVE ORDER Filing Date: 07-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY THEODORE LEOPOLD, ESQ. 34 ORD - ORDER Filing Date: 07-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (JUDGE MCSORLEY) ATTORNEY FOR DEFT SHALL RESPOND IN WRITING TO SAID MOTION W/IN 5 DAYS FROM DATE OF Docket Text: THIS ORDER, COURTESY COPY OF SAME SHALL BE SUBMITTED TO UNDERSIGNED'S CHAMBERS. 34 A IRESP - RESPONSE TO: Filing Date: 08-FEB-2008 http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktpt_docket_report?c... 8/4/2009 EFTA00233528 - Not an Official Document Page 12 of 24 Filing Party: !EPSTEIN, JEFFREY E Disposition Amount: MOTION FOR PROTECTIVE ORDER FILED BY JACK Docket Text: GOLDBERGER 34 B NOTD - NOTICE OF TAKING DEPOSITION Filing Date: 08-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY JACK GOLDBERGER 34 C 1 NOTD - NOTICE OF TAKING DEPOSITION Filing Date: 11-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: 'Rocket Text: FILED BY JACK GOLDBERGER. 35 I RESP - RESPONSE TO: Filing Date: 12-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: MOTION FOR PROTECTIVE ORDER - FILED BY J. GOLDBERGER 36 ORDD - ORDER DENYING Filing Date: 12-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE MCSORLEY) "MOTION FOR PROTECTIVE ORDER" 37 I NOUN - NOTICE OF UNAVAILABILITY Filing Date: 19-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 114-07 THRU 10 FILED BY ASA EVRST EVENT RESET Filing Date: 06-MAR-2008 'Filing Party: EPSTEIN, JEFFREY E H http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233529 - Not an Official Document Page 13 of 24 Disposition Amount: Docket Text: none. 38 AGOR - AGREED ORDER Filing Date: 06-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (JUDGE MCSORLEY) CASE IS SET FOR FINAL TRIAL ON 7/8/2008 AT 8:30 AM. PARTIES ARE FREE TO SCHEDULE Docket Text: MATTER FOR PLEA CONFERENCE PRIOR TO THAT DATE IF AN AGREEMENT IS REACHED IN THIS MATTER Filing Date: LEVSCH - HEARING EVENT SCHEDULED 107-MAR-2008 Filing Party: Disposition Amount: Docket Text: none. 39 NOH - NOTICE OF HEARING Filing Date: 10-MAR-2008 Filing Party: Disposition Amount: Docket entry for the letter produced from CSAEOUT on 10-MAR- Docket Text: 2008 by VBUCKLEY. 40 NOTD - NOTICE OF TAKING DEPOSITION Filing Date: 24-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: J FILED BY J. GOLDBERGER. ...... iim 41 NOTD - NOTICE OF TAKING DEPOSITION Filing Date: 24-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY J. GOLDBERGER. 41 A NOTD - NOTICE OF TAKING DEPOSITION http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_clIctrpt_docket_report?c... 8/4/2009 EFTA00233530 - Not an Official Document Page 14 of 24 Filing Date: I26-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY JACK A. GOLDBERGER ESQ. 42 SRSV - SUBPOENA RETURNED / SERVED Filing Date: 28-MAR-2008 Party: EPSTEIN, JEFFREY E 'Disposition Amount: Docket Text: none 43 7 7211S - SUBPOENA RETURNED / NOT SERVED 'Filing Date: 28-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 44 SRSV - SUBPOENA RETURNED / SERVED Filing Date: 28-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 45 MOT - MOTION Filing Date: Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: J FOR PROTECTIVE ORDER - FILED BY J. HERMAN 46 ~LTR-LETTER Filing Date: 1 03-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: FROM ATTY TO JDG MCSORLEY RE: MOT FOR PROTECTIVE Docket Text: ORDER MCSORLEY ,=......--- 47 NOT - NOTICE Filing Date: 04-APR-2008 http://courtcon.co.palm-beach.11.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233531 - Not an Official Document Page 15 of 24 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: OF WITHDRAWAL OF MOTION FOR PROTECTIVE ORDER FILED Docket Text: BY J. HERMAN. 48 SRSV-SUBPOENA RETURNED/ SERVED Filing Date: 10-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 49 SRSV - SUBPOENA RETURNED / SERVED Filing Date: 10-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: r Docket Text: none. SRSV - SUBPOENA RETURNED / SERVED Filing Date: 10-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. EVSCH - HEARING EVENT SCHEDULED Filing Date: 27-JUN-2008 Filing Party: Disposition Amount: Docket Text: none. 51 JDN - JUDICIAL NOTES Filing Date: 127-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET CASE FOR 6/30/08 @ 8:30 AM FOR STATUS CHECK r EVCAN - EVENT CANCELLED/SETTLED I http://courtcon.co.palm-beach.fl.us/pls/jiwp/ckpublic_qry_doct.cp_dktrptdocket_report?c... 8/4/2009 EFTA00233532 - Not an Official Document Page 16 of 24 Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: PLED 063008. MER EVHLD - EVENT HELD Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: CR-DAMES. PLEAD & ADJ GUILTY AS CHARGED. PBCJ 12 MOS, Docket Text: W/CD FOR 1 DAY. BOND DISCH. DNA SWAB. MER 51 A I GUIL - JUDGMENT OF GUILTY asesi• Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 51 B FNGR - FINGERPRINTS Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 'none 51 C I SORD - SENTENCE ORDER Filing Date: 30-JUN-2008 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: none. 51 D RITE - WAIVER OF RIGHTS Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 51 E PLS - PLEA SHEET Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: http://eourtcon.co.palm-beach.fLus/p1s/jiwpick_publie_qry_doct.cp_dktrpt_docket_reporttic... 8/4/2009 EFTA00233533 - Not an Official Document Page 17 of 24 'Docket Text: 51 F GLSS - GUIDELINE SCORESHEET Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none 51 G OAFC - ORDER ASSESSING FEES/COST Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (JUDGE MCSORLEY) IN THE AMOUNT OF $473.00 AS CONDS OF Docket Text: PROB. MER 52 AREC - ARREST RECORD Filing Date: 01-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: RECOMMIT RCMIT - RECOMMITMENT Filing Date: 01-JUL-2008 Filing Party: Disposition Amount: Docket Text: none. 53 SEAL - SEALED Filing Date: 02-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: NON-PROSECUTION AGREEMENT 54 AGOR - AGREED ORDER Filing Date: 02-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE PUCILLO) SEALING DOCUMENT IN COURT FILE CLSD - CLOSED CASE http://courtcon.co.palm-bcach.fLus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233534 - Not an Official Document Page 18 of 24 'Filing Date: 108-JUL-2008 Filing Party: Disposition Amount: Docket Text: none. RCPT - RECEIPT FOR PAYMENT Filing Date: 14-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: A Payment of -$473.00 was made on receipt CFMB30200 From Docket Text: Bond ID: 00073142 CHECK CHECK PRINTED Filing Date: 14-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: A Disbursment of $2,054.00 on Check Number 69429 to JACK Docket Text: GOLDBERGER 56 PROC - CRT REPORTER !TRANSCRIPT OF Filing Date: 22-JUL-2008 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: Docket Text: PLEA CONFERENCE, TAKEN 6/30/08 55 MOT - MOTION Filing Date: 23-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FOR RETURN OF PROPERTY FILED BY JACK GOLDSTEIN, ESQ. 57 SEAL - SEALED Filing Date: 25-AUG-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: [Docket Text: ADDENDUM TO THE NON-PROSECUTION AGREEMENT 58 MOT - MOTION Filing Date: 12-MAY-2009 ii http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233535 - Not an Official Document Page 19 of 24 Filing Party: 'EPSTEIN, JEFFREY E Disposition Amount: (NONPARTY E W'S) TO VACATE ORDER SEALING RECORDS Docket Text: AND UNSEAL RECORDS. 59 J ORSH - ORDER SETTING HEARING Filing Date: 15-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: SET FOR 5/29/09 MTN TO VACATE ORDER SEALING RECORDS Docket Text: AND UNSEALING EVSCH HEARING EVENT SCHEDULED Filing Date: 19-MAY-2009 Filing Party: tt Disposition Amount: ---, Docket Text: none. 60 J NOH - NOTICE OF HEARING Filing Date: 26-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET FOR 5/29/09 10:30 62 CEF - COURT EVENT FORM Filing Date: 29-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: 'Docket Text: none. EVSCH - HEARING EVENT SCHEDULED Filing Date: 01-JUN-2009 Filing Party: Disposition Amount: NON PARTY E.W 'S MOTION TO VACATE ORDER SEALING Docket Text: RECORDS AND UNSEAL RECORDS EVCAN - EVENT CANCELLED/SETTLED ll http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233536 - Not an Official Document Page 20 of 24 Filing Date: 01-JUN-2009 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: none. 61 RNOH - RE-NOTICE OF HEARING Filing Date: 01-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: SETTING CASE FOR OTHER HEARING ON 6/10/2009 AT 10:30 AM FILED BY BRADLEY EDWARDS, ESQ. RE:NON PARTY E W.'S Docket Text: MOTION TO VACATE ORDER SEALING AND UNSEAL RECORDS, HEARING SET FOR 5/29/2009 IS CANCELLED 63 MOT - MOTION Filing Date: J 03-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: TO VACATE ORDER SEALING RECORDS AND UNSEAL Docket Text: RECORDS FILED BY BRADLEY EDWARDS, ESQ 64 MOT - MOTION Filing Date: 03-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: PALM BEACH POST'S MOTION TO INTERVENE AND PETITION Docket Text: FOR ACESS FILED BY DEANNA SHULLMAN, ESQ. EVRST EVENT RESET Filing Date: 10-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: CR-BELTRAN. MOTION TO INTERVENE-GRANTED. NO ACTION Docket Text: TAKEN ON MOTION TO UNSEAL. RESET FOR MOTION HRG ON 6/25/09. BLE 65 J CEF - COURT EVENT FORM Filing Date: 10-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. http://courtcon.co.palm-beach.flus/pls/jiwp/ck_public_qty_doct.cp_dktrptdocket_report?c... 8/4/2009 EFTA00233537 - Not an Official Document Page 21 of 24 Filing Date: I EVSCH - HEARING EVENT SCHEDULED 11-JUN-2009 Filing Party: Disposition Amount: Docket Text: none. 66 NOH - NOTICE OF HEARING Filing Date: 11-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: SET FOR MOTION TO INTERVENE AND PETITION FOR ACCESS 1 Docket Text: ON 6/10/09 AT 10:40. FILED BY D. SHULLMAN, ATTY 67 NOH - NOTICE OF HEARING Filing Date: 11-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: SET FOR MOTION TO INTERVENE AND PETITION FOR ACCESS Docket Text: ON 6/10/09 AT 10:40. FILED BY D. SCHULLMAN, ATTY 68 MOT - MOTION Filing Date: 15-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: TO INTERVENE AND SUPPORTING MEMORANDUM OF LAW. Docket Text: FILED BY S. KUBIN, ESQ EVHLD - EVENT HELD Filing Date: 25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: CR-INIGGINS (COLBATH) DEFT PRES W/JGOLDBERG, Docket Text: GRANTED, CASE RESET FOR MOTION TO STAY DISCLOSURE EVSCH - HEARING EVENT SCHEDULED Filing Date: 25-JUN-2009 Filing Party: I.Disposition Amount: 1 I http://courtcon.co.palm-beach.fLus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233538 - Not an Official Document Page 22 of 24 'Docket Text: ITO STAY DISCLOSURE EVSCH - HEARING EVENT SCHEDULED Filing Date: 25-JUN-2009 Filing Party: Disposition Amount: [ocket Text: TO STAY DISCLOSURE J 69 I CEF - COURT EVENT FORM Filing Date: '25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 70 CEF - COURT EVENT FORM Filing Date: 25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. EVHLD - EVENT HELD Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: CR-VVIGGINS. MOTION TO STAY, DENIED. WRITTEN ORDER TO FOLLOW. DOCUMENTS IN QUESTION ARE DELAYED UNTIL Docket Text: NOON ON THURSDAY 02-JUL-2009. MOTION TO COMPEL THE DEFT TO POST BOND - DENIED. 73 1 MOT - MOTION Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FOR ATTY'S FEES AND COSTS. FILED BY D. SHULLMAN, ATTY 78 CEF - COURT EVENT FORM Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (Docket Text: none. http://courtcon.co.palm-beach.flus/p1s/jiwpick_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233539 - Not an Official Document Page 23 of 24 79 1ORD - ORDER Filing Date: 26-JUN-2009 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: (JUDGE COLBATH) THAT THE MOTIONS TO SEAL THE COURT RECORDS ARE DENIED. THE MOTIONS TO INTERVENE ARE Docket Text: GRANTED. THE MOTION TO UNSEAL THE DOCUMENTS IS GRANTED. I_7=1 RESP - RESPONSE TO: Filing Date: 29-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: MOTION TO STAY AND SUPPORTING MEMORANDUM OF LAW. Docket Text: FILED BY S. KUVIN, ESQ [72 ODMO - ORDER DENYING MOTION Filing Date: 29-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (COLBATH) TO STAY DISCLOSURE AGREEMENT 74 IMOT - MOTION Filing Date: 06-JUL-2009 Filing Party: JEPSTEIN, JEFFREY E Disposition Amount: NONPARTY E.W.'S MOTION FOR ATTORNEY'S FEES AND COSTS FILED BY W. BERGER Docket Text: 75 RESP - RESPONSE TO: Filing Date: 06-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (NTERVENER'S) MOTION TO STAY AND SUPPORTING Docket Text: MEMORANDUM OF LAW. FILED BY S. KUVIN, ESQ 76 EXLT - EXHIBIT LIST Filing Date: 08-JUL-2009 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: I http://courtcon.co.palm-beach.fl.us/pIs/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233540 - Not an Official Document Page 24 of 24 Docket Text: none. 77 TFIESP - RESPONSE TO: Filing Date: 15-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: TO EMERGENCY PETITION FOR WRIT OF CERTIORARI (PALM Docket Text: 1BEACH POST) FILED BY DEANNA K. SHULLMAN http://councon.co.palm-beachRus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233541 JUN-27-2008 FRI 03:33 PH FAX NO. 5618358691 P. 02 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guilty 2 Case No. Charoe Count Lesser Decree 06CF009454AMB Felony Solicitation of Prostitution 1 No 3 FEL 08CF009381AMB Procuring Person Under 18 for Prostitution 1 No 2 FEL PSI: Waived/Not Required X Required/Requested ADJUDICATION: Adjudicate lx ] SENTENCE: On 06CF009454AMB, the Defendant is sentenced to 12 months In the Palm Beach County Detention Finally, with credit for 1 (one) day time served. On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB. The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS: Court Costs: $474.00 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 As a special condition of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of Ouch is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time of this plea. Assistant State Attorney Attorney for the Defendant Date of Plea Defendant EFTA00233542 JUM-27-2008 FRI 03:34 P1 FAX NO, 5618358691 P. 03 948,101 Terms and conditions of community control and criminal quarantine community control... (1) The court Shall determine the terms and condition: of community control. Conditions ;Pacified in this subsection do not require oral pronouncomont at the time of sentencing and may be considered standard conditions of community control. (a) The court shall requiro intensive supervision and survoillanco for an offender placed into community control, which may includo but is not Wither' to: 1. Sriocifiral context with the parole and probation officer. 2. Confinement to an 49mnd-upon residence during hours away from omploymont and public mice activities 3. Mandatory public service, 4. Supervision by the Department of Corrections by moans of on electronic monitories/ dovico or System. S. The standard conditions of probation set forth in s. (b) For an offender reflood on criminal quarantine community control, the court shall ruouiro: Elcictronic monitoring 24 hours per tiny. 2. Confinement to a ONIgnotod rocklanco during designated hours. (2) The enumeration of specific kinds of terms and conditions does not prevent the court from adding thereto any other terms or conditions that the court considers proper. However. the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. LiA17.01 to reside in another state if the ardor stiPtiletec that it is contingent upon the) approval of the receiving *tato intorstota compact authority. The court may rescind or modify at any rime the terms and conditions theretofore imposed by it upon the offender in community control. However, if tho court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 354 days, and incarceration shell be restricted to a county facility, 0 probation and restitution tenter under the jurisdiction of the Department of Corrections. probation program drug punishment photo 1 sncuro residontial treatment institution, or b community residential facility owned or operated by any entity providing such services. (3) The court may place o Mk:indent who is being sentencod for criminal transmission of HIV in violation of s. 775.0872 on criminal quarantine cormaunity control:The Deportment of Corrections shalt develop and administer a criminal quarantine community control program emphasising triterreim supervision with 24-hour-por-doy electronic monitoring. Criminal quarantine community control status must Include suivoillnnce and may include other measures nornially assoclatod with community control, oxcopt that specific conditions necessary to monitor this population may be ordered. EFTA00233543 JUN-27-2008 FRI 03:34 PM FAX NO. 561835869: P. 94 2941,0435 Sexual offenders required to register with the department; penalty. — (l) As used in this section, the term: OM, `Sexual offender means a person who moots tho critoria in sub-subparagraph a., sub • subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: AA Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offansos proscribed In the following statutes in this state or similar offonsos in another jurisdiction: s. 787.01, s. 787-0Z, or s. 7132,025(2)(c), where the victim is a minor and the defendant is not the vkties parole or guardian; 794.011A excluding s. 191481(10); s. s. 796.03j 796.016; s. 89_0A1 s. g5api6; s. !gm 5. 047.o14,1; s. 841.0133, culaludire s. 847.0135(9); 5. 847,0137; s. 847.0116; s. 84?,0115; or s. 985.761(1j; or any Mafia/ offense committed in this state which has boon rodosignated from a former statute number to one of those listed in this sub-sub-subparamaph; and (II) Has boon reloased on or after October 1, 1997, from the sanction imposed for any conviction of an °from described in 50).50-subparagraph (I), For purposes of ath-sub- subparayranh (I), a sanction imposed In this state or in any other jurisdiction irtcludm, but is not limited to, a fine, probation, community control, parole, conditional minas*, control relate°, or incarceration in a state prison, rodent prison, private corroctional facility, or local detention facility; b. Establishes or maintains a residence in this state and who has not been dm-ign ited as a &enrol predator by a court of this state but who has been designated asexual's( predator, es a sexually violont predator, or by another sexual offender designation in another stone or )urisdiefori and was, as a insult of such designation, subjected to registration or community or public notification, or both, or would be if tho person wero a resident of that state or j'urisdiction, without regard to whether the person otherwise meets the criteria for Iwcistrwtton os a roxual *Minder; c. Establishes or maintains 6 residence in tids stato who is in the =tidy or control of, or ender the supervision of, any other state or jurisdiction ace result Ma conviction for committhig, or attempting, soliciting, or corrspfring to commit, any of the criminal. offenses proscribed in the following statutes or similar *Hanoi in another Jurisdiction: s. 787.01, s_ or s. 787.025(2)(c), whore the victim is a minor and the defendant fs not the victims Parilitt or guarrllan; s 794.011, excluding s. 7911.011(10); s. 794.05; s. 796.03; s. 796.035; s. 500.0t s. 825.1025; s. 827.071; 5. 847.0124; 5. 147,013S, excluding s. W.013S(4); s. 8474_537; s. p47.0138; s. 84721452 or s 215.701.11); or any sirmlor offense committed in this state which has been redesignated from a former statute mitten to one of thus° listed in this sub-r.ubperagraph; or rd- On or after July 1, 2097, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offemes proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of ago or older at the limo of the offense: (I) Section 794.011, excluding s. 794.011(10); (II) Section 800.04(4)(b) whore the victim Is under 12 years of ago or whore the court finds actual activity by the use of force or coercion; fill) Section $0021(5)(c)1. where the court finds motostation involving unclothed genitals; or EFTA00233544 JUN-27-2008 FRI 03:34 PM FAX Na 5618358691 P. 05 (iv) Section 800.00451(d} wticra the court finds the use of forco or coercion and unclothed genitets. 2. Far all qualifying offenses listed In sub-subparagraph (1)(a)1.d., tho court sholl make a mitten finding of the ago of the offender at Um time of the offense. For each violation of a qualifying oriental listed in this subsection, tho court shall make a written finding of tho ago of the victim at the time of the offense. For a violation of s. a.2_O N(4), tho court shall additionally memo a written finding indicating that the offense did or did not Involvo sexual activity and indicating that the offortsc did or did not involve force or coercion, Far a ViOlOtl" of s. Wi° 4(5), tbc court SigItt additionally make a written finding that the offertio did or did not involve unclothed genitals or genital area and that the offense did or did not Involve the too of force or coercion. (b) 'Convicted" moans that thorn: has been a doterminatfon of aunt as a result of la trial or the elty of a pion of guilty ar nolo contenders, regardless of whether adjudication is withheld, and includes,an adjudication of dolinquency of a juveniles specified in this suction. Conviction of a similar offense Includes, but Is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a pica of guilty or nob contenders rosulting in a sanction in any stato of the United Stator or other jurisdiction. A sanction Includes, but is not limited to, a lino, probation community control, parolo, conditional release, control roloaso, or incarceration in n state prbon, federal prison, private correctional facility. or local detentivn facittty. (c) 'Permanent residence and "temporary rosidenco' have the same moaning scribed In s. 775.21 Kb 'Institution of higher education- moans a career center, community college, college, state university. or independent postsoconciary institution. (e) "Change in onrollmcni: o omployrnent status' moan' the commencement or termination of enrollment or employment or a change In location of enrollment or omployment. (f) 'Electronic mall address' has tho same moaning as provided In s. öttb497; IV InSbant message name" moans an identifier Cat allows a person to communicate In real time with another person using tho Internet. ra A sexual offender (a) Report in person et tho sheriffs office: 1. In tho county in which the offender establishes or maintains a pormanont or temporary residence within 48 hours after: a. Establiching permanent or temporary residence in this stets; or b. being rolottsrxi from tio custody, control, or supervision of the Department of Correction., or from the custody of a private correctional facility; or 2. In the county where he or she was convicted within 48 hours after being convicted for a qualifying offense for registration under this suction if the offender is not in the custody or EFTA00233545 JUN-27-2008 FRi 03:35 PM FAX NO. 5618358691 P. 06 control of, or undor the surrridon of. the Department of Corrections, or is not in the custody of a private correctional facility. bey change in the sow& offender's paramount or temporary residence, name, any eladtrona. mail address and any instant message name required to be provided pursuant to paragraph (4) after the =mat offender more; in parson at the sheriffs office, shall be accomplished fri the manner provided in svbsoctiorm (I), (7), and (8). (b) Provide his or her name, date of birth, social security number, rapt, sex, height, weight, hair and oye color, tattoos or other identifying marks, occupation and Paco of employment, address of permanent or legal residency or address of any current temporary residence, within the state end out of mato, Including a rural route address and a post office box, any electronic mat address and any instant message name required to be provided pursuant to paragraph (4)(t), date and place of oath conviction, and n brief description of the triune or cranes committed by the offender. A post o Mee box shell not be prospected in lieu of a physical residential address. 1. If the swami offenders place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as donned in chuptor 320, the UMW offender shall also provido to the department tivougb the sheriffs office written notice of the vehicle identification number; the license tag number; the registration rather; and a description, including color whom°, of the motor vehicle, trailer, mobilo home. or manufactured home. If the sexual offender's place of residence is a 1105301, tiVErabOOK4 vessel, or houseboat, as defined in chapter 327, the sexual offender shall also proVide to the department written notice of the hull Identification numb r; the manufacturers serial number; the name of the venal. Ova-aboard vessel, or houseboat; t he rogIttration »mbar; and a description, including color schema, of the vos;ol. live-aboard vessel, or houseboat. 2. if the sexual offender h enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department through the sheriffs office tho namo, address, and county of cosh institution, including each camps attended, and the sexual offenders enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the sheriffs office, within hours after any change in mews. The sheriff shall promptly notify each Institution of the sexual offroolork presence and any alone in the sexual offender's enrollment or employment status. When asexual offender reports at the sheriffs office, the sheriff rlsall take a photograph and a set of fingerprints of the offender end forward the photographs and fingerprints to tiro department, along with the information provided by the sexual offender. The sheriff shall eroMptly provide to the department the Information 'coalface from the sexual offender. (3) Within 18 hours after the report required under subsection (2), a sexual offender shall report in person et a dale's license office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that compiles with the roquiremtmts of L. a2.141(3) was previously secured or updated under s. 944.607 At rho driver's license office the soirrar offortdor (a) if othorwiso qualified, secure a Florida, dr Ivor's license, renew a Florida drivers neon" or socuro an Identification card. The soma offondor shall identify himself or herself as a sexual offender who is required to comply with this Fraction and shall provide proof that the sexual offender reported as required in subsection (2). The sexual offender shall provide any of the Information spectfiod in subsection (2), if requested. The sexual offender shall submit to tin, salmi of is photograph for use in issuing a drivers license, ronowad license. or identification card, and for use by the department in maintaining current records of sexual offenders. EFTA00233546 FAX NO. 5618358691 P. 07 JUN-27-2008 FRI 03:35 PM (bi Pay the costs assessed by the Department of Highway Safety and Motet Ye/delfts for issuing or ft:flowing n giver's Ikons° or identification cord es required by this section. The driver's license or Identification card iris loci must be Incompliance with s. 322.14113). (c) Provide, upon recluse. any additional information necessary to confirm the Identity of ti ie sexual offender, including e sat of fingerprints. Mffel each time a sexual offender's driver's license or identification card is subject to renewal, end, without regard to the status of the offender's driver's license or identification card, within • 48 hours after any change in the offender's permanent or tomporary residence or change in trio offender's nano by reason of marriage or other legal process, the offender shall report in person to a driver's license office, and shall be subject to the requiromants specified in subsection (3). The Dcpstmont of Highway Safety and Motor Vehicles shalt forward to the department all photographs and information provided by sexual offenders, Notwithstanding the sestdctiosis set forth in s. 122-142, the Department of Highway safety and Motor Vehicles i s authorited to release a 'reproduction of a color photograph or digitaldmago license to the Department of Law Enforcemem for purposes of public notification of sexual offenders as provided in this section and ss. tg.043 ond ItfiDS. fl2d A sexual offender who vacates 41 permanent residence and fails to establish or maintain another permanent or temporary residences thrall, within 48 hours after vacating the permanent residence, report in person to the sheriffs office of tho county in which he or she Is located. The sexual offender shall spncify the date upon which he or she intends to or did vacate such residonco. The sexual offender must provide or update all of the registration information required undor paragraph (2)(b). The sexual offender must provide an ackircrz for the residence of other location that ha or she is or will be occupying during the time in which ho or she lone to establish or maintain a permanent or temporary rash:lent°. (c) A sexual offender who reniains at a permanent residence after reporting his or her Intent tc vacate such residenceshall, within 48 hours after the date upon which the- offender Indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph 0s) for the purpose of reporting his or her address at such tandem°. When the sheriff rot-Dives the report, tho sheriff shall promptly convey the information to the department. An offender who n ethos a report as required under paragraph (b) but fah to make a report as required under this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. jr.i.014, or s. 7715.084. (d) Asexual offender must: register any dectronic mail address or instant message name with the deportment prior to wing such electronic mail address or instant message name on or after October 1, 2007. The department shall establish an online system through which sexual offenders may securely access and update ail electronic mail Matron and instant message rune information. IS) This section doers not apply to a sexual offender who is also a sexual predator, as defined lit a. 7:75.21, A simnet predator must register as required under s. (6) County and local law enforcement agencies, in conjunction with the department, shall verify the addressor of visual offender; who ate not ender the care, custody, control, or supervision of the Departmont of Correction. in a manner that is consistent with the proeftlion; of the federal Adam Welsh Child Protection and Safety Act of 2006 arid any other fodoral standards applicable to such verification or required to be mot as a condition for the receipt of federal funds by the *eta. Local law enforcement agencies shall report to the deportment :my failure by a sexual offender to comply with registration requirements. EFTA00233547 JUN-27-2008 FRI 03:35 Pfl FAX NO. 5618358691 P. 08 (7) A sexual offender who intends to establish residence in another state or jurisdiction other than tho State of Florida shalt report in parson to the sheriff of the county of currant redence within 48 hove; before the date ho or she intends to lease this state to establish residence In another state or jurisdiction. 11* notification must include the address, municipality, county. and state of intended residents. The sheriff shall promptly provide to the department the information received from the Soxual offender. The department shall notify the statewide law onforcoment agency, ore comparable agency, in the Intends state or jurisdiction of rosicionco of the amulet offender's intended residence. The failure of a sexual offender to provido his Of her intended place of residence is punishable as provided in subsection (9). fa) A sexual offender who indicates his or hor intent to reside in another state or jurisdiction other than the Stec of Florida and later decides to remain in this state shall, within rat hours after the date upon which the sexual offender indicated ho or she would leave this state, capon in potion to the sheriff to which the sexual offender reported tho intended change of residence, and report his or her intent to train in this state. The sheriff shall promptly report this information to the department. A sexual offender who reports his or her intent to reside in another state or jurisdiction but who remains In this state without reporting to tiro sheriff ca tho manner required by this subsection commits a felony of the second degree, punishable presided in s. VSO82, s. PFA.Cea, or s. 221.904. i9)(a) A sexual offerdor who drum net comply with the requirements of this section commits a felony of the third degree, punishable as provided ins. rx1APIZ, s. 77,1i.0O, or s Macallat (b) A sexual offender who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the seen( offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating, a person as a sexual offender. (c) An arrest on charges of failure to register when the offender has boon provided and advisod of his or het statutory obligations to resistor under subsection al, the sargica of an information or a complaint for a violation of this section, or an arraignment on charges for e Wotation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraign mem constitutes grounds for a subsequent charge of fattest to register. A sexual offender charged with the aims of failure/ to register who atom, or intends to assort, a tack of notice of the duty to register ea a &fore to a charge of failure to register shall ininodiatoly rooistor es required by this section. A sexual offender who Is charood with a subsequent failure to register may not assert the defense or a lack of notice of the duty to register. (eh Rogfaration following such arrest, service, or arraignment is not a defense and deco not relieve the sorrel offender of criminal liability for the fallen., to aviator'. (10) The department, the Department of Highway Safety and Motor Vehicles, the gopartinont of Corractiore, the Department of Juvenile Justice, any law enforcement agency in this state, end the personnel of these dopartmants; an elected or appointed official, public employee, or school administrator; or an employe, agency, or any Individual or entity acting at the raciest or upon the dirocuon of any law enforcement agency is immune from chill liability for damages for Rood faith compliance with the requirements of this section or for the release of Information under this cation, and shall be presumed to haws acted in good faith in compiling, recording, Reportino, or releasing the information. The preemption of good faith is not ovorcome if a technical or clerical error Is made by the department, the Dapartinont of Highway Safety and Motor Vehicles, the Department of c.orractions, the Department of Juvenile EFTA00233548 JUN-27-2008 FRi 03:36 PM FAX NO. 5618358691 P. 09 Jostle.% the penis:viol of these departmtmts, or any individual or entity acting et the requct.i or upon the direction of any of those departments In compiling or providing Information, or I; Internettoo is incomplete or inconoct because a sexual offender fails to report or falsely mores hit or her cunt tut place of permanent or temporary rosidonco. (11) except as provided ins. 943.04354, e sexual offender must maintain registration with the department for the duration of his or tsar life, unless the sexual offender has received a full pardon or has had a conviction set aside in a postconvietion procooding for any offense that moots the critaria for clessilyine tho per.;on as a sexual offender for purposes of reebtratioli. However, a sexual offondor: fall. Who has been lawfully released from confinement, sursomislon, or sanction, whlchevcr is later, for at luau 25 years and has not been arrested for any felony or misdemoenor offense since roloaso, provided that the retail offender's roquiromont to mighty was not based upon on adult conviction: a. Pore violation of s. .71„,7 crt or s. ZQZ.92; b. For a violation of s, 794.011, excluding s. 794.011(10); C. Fora violation of Si A00-04(4101 where the court finds the offense hwolvod a victim under 12 years of age or sexual activity by the use of fordo or coercion; d. For a violation of s. ggp.04i5)(b); • a. For a violation of s 800,01(5)c.2. whore trio court finds the of Viso involved unclothed genitals or genital area; f, For any attempt or conspiracy to commit any such offonso: or g. For a violation of ;linear law of another jurisdiction, may petition the criminal division of the circuit court of the circuit in which thu sexual offender rack e% for tho purpose or removing the requirement for registration as a sexual offender. the court that he or siva 2. The court may grant or deny relief if the offender demonstrate* to has not boon arrested for any crime since release; the requested relief complies with the any other provisions of tho federal Adam Walsh Child Protection and Safety Act of 2006 and federal standards applicable to the removal of rogistration requirements for a sexual offender or required to be met as a condition for tho receipt of federal funds by the state; and tho cart is otherwise satisfied that the offender is not a current or potential throat to public safety. The the petition stet° attorney in the circuit in which the petition Is flied must be given erotica of variance in at Iciest 3 weeks before the heroine on the natter. The state attorney may present domonstrata the reasons why the petition opposition to the requested relief or may otherwise court denies the petition. the court may sot a future date at which the should be defect If the may again petition the court for roller, subject to the standards for relief sexual offender provided in this subsection. as a sexual offender for 3. Tho department shall romovo en offondor from classification dopartment a certified copy of the purposes of registration If the offender provides to that offender is no longer regairod ko court's written findings or order that Indicates that the offender. comply with the requirements for registration as a sexual EFTA00233549 JUN-27-2008 FRI 03:36 PM FAX ND, 5618358691 P. 10 department (b) As defined in sub-subparagrapli (1)(a)1.b. must maintain registration with this person provido s the deport ment with order issued for the duration of Ho or her life until the an by the court that designated tho paten to 3 'onto( predator, as a scoctutity violent predator, or was by another sexual offender designation in the stew or jurisdiction In which the order ation has boon remove d or demon strates to the Issued which states that such design court, has been removed by operation of department that such dosignation, if ROt imposed by a In which the designation was made, and provided law or court order in the state or Jurisdiction for registr ation as a sexual offender under the laws of such ponon no longer meets the criteria this state. these who have committee offenses (12) The Legislature finds that 733143I offenders, especially risk of engagi ng In sexual offense s oven after being Sesser) against minors, of ton pace a high from sexual offenders Sc a from incarceration ar commitment and that protection of the public hairy a reduce d expec tation of privacy paramount government interest. Sexual offenders ve ion of fiovornment. In public zloty and in the effecti operat because of the public's Intees=, to law enforcement agencies and to persons Releasing information concerning sexual offenders the release of such information to tho public by a taw who request such information, and mentel interests cf public safely. , will further the govern enforcement agency or public agency ce or a punishment but is simply The designation of a person 35 a 5CW31 offender/ Is not a senten of e convic tion for having committed cortain tho status of the offender which is the result crimes. o sexual offender is not complying, or lies nett (13) Any person who 4tø racoon to believe that with theintent to assist the sexual complied, with the requiremonts of this section and who, agency that Is seekin g to find the sanest offender to offender in eluding a law enforcement er for, his or hor fl aunt offend question the sexual offender about, or to arrest thct this section : noncompliance with the requirements of the taw enforcement agency about the (a) Withholds information from, or does not notify, the requiremonti of this section, and, if known, the sexual offender's noncompliance with whereabouts of the sexual offender; or ordsb another person in harboring or attempting to (b) florbon, or attempts to harbor, harbor, the soxtrat offender; or In concealing or artompting to (c) conceals or attempts to concerti, or insists another person concoct, the sexual offerdart or regarding the sexual offender that the (d) Provides information to the Lew enforcement agency ponon knows to be false information, provided in s. 775.082, s. 7/5.0(2 or s. commits a felony of the third degree, punishebto as 775.084. during the month of the sexual (14)(a) A sexual offender must report in person each yewthe sexual offender's birth month co the sixth month followi ng offender's birthday and during she resides Of is otherwise located to reresehler. the sheriffs office in the county in which ho or to register as a result of a conviction for: (b) However, asexual offender who is required a minor and the offender Is not the victim s 1. Section 787,01 or s. 787.02 where the victim h parent or guardian; EFTA00233550 JUN-27-2008 FRI 03:37 PH FAX N3. 5618358691 2. Soction z94,211, oxcludirrg s. 794.011(10i; cr a ulltim under 12 years of 3. Setton 1100. f4)(b) whom the court finds the ottens() Inooloo age or sexualiletivIty by ltr LI34, of force or coercio n; 4. Soction 600.01(5)fb),: molestation invoMno unclothad genitals or 5. Selt-tint, BOO,Q4(5)(c)1. who«, the court finds gomtetMer— ed genital; or a. Saction 800.04(5)c.2. where the court finds molostation (notving uneloih genital emmi: ar coarcion and unclothed 7. Socuor, Boa D4f5)(d) waoro tho court finds the ‘iso of foren genitals or gonitel area; a. Any at:tomat er complracy to tornrest Al& offense; or 9. A violation of a siingar taw of another jurbdietion, the wxual crifencler's hirthday and <>very ;hird must reregistor &sch year during the month of Month thereuftor. appropriate timos and dags for reporting by the lo) Tho slmrifis °Pica may eictermlne the with ase reporting nagulmmonts af Uns subsectiel I. statue( affender, which :hall bo consisbant fieregistration shall Meidde any chemis e to the, following information: hoight; weIght; halt and mp 1, Name; sotsal socUrity nurober; age; race; sex; dato of bIrth; of cirron t temporary resIdence, colon addrecs of any permanent rendene and addrets any inclutli ng e rurat routea ddross and a post office box; any within the stabs or out of state, providen persuant to soulrad to bo caloctronic mag addrem and any intant mosane nam; modal , color, and titene*. ; whicte make, paragraph (4)(d); date and plata of any employment not bopro n-lcd In boa af and photog raph. A post office box shift( tag nurober; %%eigiints; physieat resident:fal address. g on a ',kation at an fnstItution or 2. If the saxtal *frender is enrollod, omployed, or tenyin er slatt als* prooldo to the department the high.« oducatiori in this nto, eho sexual °fiend s attended, and the sexual nam°, atddross, and county of ranch institutlon, including nach campu offondet's onrollrnont or ornploymant status. trollut, mobile homo, or 3. If the smal offondoes placo of residente is a motor veitte, sextust offondor %hag alv) provide the manufacturod homo, as deflnad in chaptor 320, ti» nurobe r; the registraton tamebor; and o vehicto idontifleation number; the Uconso tag of the motor vablete , trailer, Mobile homo, or doscriptIon, inctuding .efor schome, If tho sexual offenti er's plata of residen ce is a avissal, liaewsboarcl vassol, MandfaCturlid home. ar shali also provide the hull or houseboet, as dofinad in chaptor 327, the sexual offand oard r; the num° of tho vassot. (too-nb Identifictation nutubor; the manufacturer's soria( nernbe ption, Indexti ng color schem a, of descrl uenig, or houseboot; the rogistratIon nutubor; and a the versal, lber-aboard rost or housaboat. w!w as matglad at the sheriffs °file°, or 4. Any sexual offondor who faits to report in person ro teple 3 ondonco from tho dopartrnont falls to renpond to any addreres warificatlen corrosp o or who falls to reffort eteetronio man addrol'n% or ~eks of tho date of tho correspondanc EFTA00233551 JUN-27-2008 FRI 03:37 PM FAX NO. 5618358691 P. 12 instant message names, commits a felony of the third dogma, punishable as provided in 5. 375.082, S. 778.083, ors. 775.084. (d) The sheriffs offieo shell, within 2 woridng days, electronically submit and updato all information provided by tho saxual offender to the department in a manner proscribed by the department, EFTA00233552 JUN-27-2008 FRI 03:37 PM FAX Na 5618358691 P. 13 948.30 Additional terms and conditions of probation or community control for certain sex offenses.--Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section. (1) Effective for probationers or community controllees whose crime was committed on or after October 1, 1995, and who are placed under supervision for violation of chapter 794, s. 800.0, s. 827.071, or s. 847,0145, the court must impose the following conditions in addition to all other standard and special conditions imposed: (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender's employment precludes the above specified time, and the alternative is recommended by the Department of Corrections. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions. (b) If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate, as prescribed by the court. The 1,000-foot distance shall be measured in a straight line from the offenders place of residence to the nearest boundary line of the•school, day care center, park, playground, or other place where children congregate. The distance may not be measured by a pedestrian route or automobile route. (c) Active participation in and successful completion of a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders, at the probationer's or community controllee's own expense. If a qualified practitioner is not available within a 50- mile radius of the probationer's or community controllee's residence, the offender shall participate in other appropriate therapy. (d) A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court. age (e) If the victim was under the age of 18, a prohibition on contact with a child under the of 18 except as provided In this paragraph. The court may approve supervised contact with a ation for contact issued by child under the age of 18 if the approval is based upon a recommend ation on a risk assessment. Further, the a qualified practitioner who is basing the recommend sex offender must be currently enrolled in or have successfully completed a sex offender contact is not therapy program. The court may not grant supervised contact with a child if the a qualified practitioner and may deny supervised contact with a child at any recommended by with a child, the court must time. When considering whether to approve supervised contact review and consider the following: must 1. A risk assessment completed by a qualified practitioner. The qualified practitioner the assessment and address each of prepare a written report that must include the findings of the following components: a. The sex offender's current legal status; sexual motivation; b. The sex offender's history of adult charges with apparent apparent sexual motivation; c. The sex offenders history of adult charges without EFTA00233553 JUN-27-2008 FRI 03:37 FM FAX NO, 5618358691 P, 14 d. The sex offenders history of juvenile charges, whenever available; e. The sex offender's offender treatment history, including consultations with the sex offenders treating, or most recent treating, therapist; f. The sex offenders current mental status; g. The sex offenders mental health and substance abuse treatment history as provided by the Department of Corrections; h. The sex offenders personal, social, educational, and work history; i. The results of current psychological testing of the sex offender if determined necessary by the qualified practitioner; j. A description of the proposed contact, including the location, frequency, duration, and supervisory arrangement; k. The child's preference and relative comfort level with the proposed contact, when age appropriate; 1. The parent's or legal guardian's preference regarding the proposed contact; and m. The qualified practitioners opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child. The written report of the assessment must be given to the court; 2. A recommendation made as a part of the risk assessment report as to whether supervised contact with the child should be approved; 3. A written consent signed by the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offenders present legal status, past criminal history, and the results of the risk assessment. The court may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact; 4. A safety plan prepared by the qualified practitioner, who provides treatment to the the offender, in collaboration with the sex offender, the child's parent or legal guardian, if not the sex offender, and the child, when age appropriate , which parent or legal guardian is details the acceptable conditions of contact between the sex offender and the child. The safety plan must be reviewed and approved by the court; and need for and agrees to 5. Evidence that the child's parent or legal guardian understands the adult to provide, constant the safety plan and has agreed to provide, or to designate another supervision any time the child is in contact with the offender. may not accept a risk The court may not appoint a person to conduct a risk assessment and who has not demonstrate d to the court that he or she has met the assessment from a person requirements of a qualified practitioner as defined in this section. EFTA00233554 JUN-27-2008 FRI 03:38 PM FAX NO. 5618358691 P. 15 (f) if the victim was under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to, schools, day care centers, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malts. (g) Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offender's deviant behavior pattern. (h) Effective for probationers and community controllees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until the offender's sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offender's accessing or using the Internet or other computer services. (i) A requirement that the probationer or community controllee must submit a specimen of blood or other approved biological specimen to the Department of Law Enforcement to be registered with the DNA data bank. (j) A requirement that the probationer or community controllee make restitution to the victim, as ordered by the court under s. 775.089 for all necessary medical and related professional services relating to physical, psychiatric, and psychological care. (k) Submission to a warrantless search by the community control or probation officer of the probationer's or community controllee's person, residence, or vehicle. (2) Effective for a probationer or community controllee whose crime was committed on or after October 1, 1997, and who is placed on community control or sex offender probation for a violation of chapter 794, s. 800.04, s. p27.071, or s. 847.0145, in addition to any other provision of this section, the court must impose the following conditions of probation or community control: (a) As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examination must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall be paid for by the sex offender. The results of the polygraph examination shall not be used as evidence In court to prove that a violation of community supervision has occurred. (b) Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer. (c) A prohibition against obtaining or using a post office box without the prior approval of the supervising officer. (d) If there was sexual contact, a submission to, at the probationer's or community tontrollee's expense, an HIV test with the results to be released to the victim or the victim's parent or guardian. EFTA00233555 JUN-27-2008 FRI 03:38 PM FAX NO. 5618358691 P. 16 (e) Electronic monitoring when deemed necessary by the community control or probation officer and his or her supervisor, and ordered by the court at the recommendation of the Department of Corrections. (3) Effective for a probationer or community controllee whose crime was committed on or after September 1, 2005, and who: (a) Is placed on probation or community control for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847,0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; (b) is designated a sexual predator pursuant to s. 775.21; or (c) Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071 or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older, the court must order, in addition to any other provision of this section, mandatory electronic monitoring as a condition of the probation or community control supervision. EFTA00233556 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A STATE OF FLORIDA vS. JEFFREY EPSTEIN, Defendant. MOTION TO CLARIFY SENTENCE TO CORRECT SCRIVENER'S ERROR COMES NOW the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney and moves this Honorable Court to enter an Order clarifying the sentence to correct a scrivener 's error contained in the sentencing documents in the Defendant's case. In support thereof the Defendant would state as follows: 1. The Defendant was charged by Information in the above referenced case and the case was assigned to Criminal Division "W'. 2. The case was resolved by a guilty plea after plea negotiations between the parties. It was a condition of the plea negotiations that the case be resolved on June 30, 2008. 3. The case was scheduled for a plea conference on June 30, 2008 in Criminal Division "W', the division that this case and the companion case had always been assigned to. On that date, retired Judge Deborah Pucillo was substituting for the assigned Division "VV' judge, Sandra McSorley, because Judge McSorley would not be sitting on that day. 4. Judge Pucillo handled all cases assigned to Division "W' on June 30, 2008 including that of the Defendant. SCANNED DEC 0 8 2008 EFTA00233557 • • 5. The Defendant, Jeffrey Epstein, entered his guilty pleas on June 30, 2008 in Division "W' before Judge Pucillo. All plea documents and court commitments from court on June 30, 2008 reflect that this was a Division "W" case and was being resolved in Division "W', the division the case had always been assigned to. 6. As part of the negotiated settlement of the case, the Defendant was sentenced to a twelve month sentence in Case No. 2006CF009454AXX, followed by a six month sentence on this case, consecutive with the first twelve month sentence in the in Case No. 2006CF009454AXX. The Defendant is sentenced to twelve months of community control I consecutive to the two above referenced jail sentences. The community control sentence begins only after the two jail sentences have been served. 7. On July 18, 2008 Judge Sandra McSorley, the permanent judge assigned to Division "W', signed an Order of Community Control, without notice to the parties, nunc pro tunc to June 30, 2008. The reason for this is that the substitute judge had neglected to sign an Order of Community Control in this case at the time of the plea. See the Order of Community Control attached as Exhibit "A". 8. The Order of Community Control signed by Division "W' Judge McSorley on July 18, 2008, contains a minor scrivener's error that needs to be corrected. The Order of Community Control could be misinterpreted to suggest that the Defendant was placed on community control on June 30, 2008 based on the box that the clerk checked in error when preparing the Order of Community Control. 9. The parties agree that the Defendant's twelve month sentence on Case No. 2006CF009454AXX is followed by a six month sentence in the instant case. The parties agree that the one year period of community control is to only begin after the Defendant EFTA00233558 has completed his jail sentences. object to Motion to Clarify 10 Assistant State Attorney Lanna Belohlavek does not to Sentence to Correct Scrivener's Error. Court to enter an Order WHEREFORE the Defendant moves this Honorable Community Control clarifying the correcting the scrivener's error in the original Order of ol sentence begins only after his intent to the parties that the Defendant's community contr jail sentence terminates. been furnished by mail to I HEREBY CERTIFY that a copy of the foregoing has Highway, West Palm Beach, Lanna Belohlavek, State Attorney's Office, 401 North Dixie Florida 33401, this 41h day of December, 2008. ATTERBURY, GOLDBERGER & WEISS, P.A. STATE OF FLORIDA • PALM BEACH COUNTY I hereby certify that the tore Inn is a true copy cor in my office. By DEPUTY CLERK EFTA00233559 11/25/2088 15:'18 • STATE OF FLORIDA IN THE Furnarra JUDICIAL Plaintiff . CIRCUIT COURT, IN AND FOR • PALM BEACH COUNTY ' -VS- assNUMBER BENEZI&VIIM2MQ JEFFREY E. EPBT!JN DIVISION FICSOPLEY "Vic Defendant ' DCNUMBER W35755 CIRCUIT NUMBER: 15-4/JAIL- SPLIT ORDER OF COMMUNITY CONTROL I This cause coming before &Caul to be bead, and you, the defendant, being now present hefore the court, and you having E entered t plea of guilty to ❑ been found guilty by jury verdict of ❑ entered a plea of nolo contendere to ❑ been found guilty by rho court trying the case without a jury of Count L PROCUREPERSON UNDER AGE OF 18 FOR PROS1ITUTION SECTION I: JUDGMENT OF GUILT tE The court hereby adjudges you to be guilty of the shot offease(s). Now, therefore, it is ordered and adjudged that the impcoition of sentence I. hereby withheld and that you be placed on Probation I for a period of under the supervision of the Department ofCorrections, subject to Florida law. SECTION 2t ORDER WITBROLDING ADJUDICATION ❑ Now, therefore, it is ordered end adjudged that the adjudication of guilt is hereby withheld and that you be placed on Probation for a period of_ under the supervision of the Department of Corrections, subject to Florida law. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE It is hereby ordered sad adjudged that you be: committed to the Department of Corrections or ❑ confined in the County Jail fora kern of with credit for jail time. After you haw mewed of the tens, you shall be placed on Probation for a period of under time supervision of the Department of Corrections, subject to Florida law. Or El confined in the County All for a term of -- VE f12 COMMUNITY CONTRQL 1 CONSECUTIVE TO THE (121MONTI1SENTENCE IN CAStit 2D08CF00945AAMB with credit for ONE IDDAY jail time, as e special coalition of supervision. 1VNINIEO mow D 13%114003 H3V38 InVd , A13143 1I3O8 flOSVHS SS tit Wd i Z ier BUZ Page 1 of 8 Form Revised 03-16-08 EFTA00233560 net au ens ••• ULKWII UCLA • 3EPPREF EPSTEIN CASE0502008CF009381AXXX.MB • • following gisndscd condition! of aurrervision as proyided by Florida IT IS FURTHER ORDERED that you shall comply with the fi0h day of each month, unless otherwise directed, you will (I) Yon will report to thaprobtitiOn of toe ea directed. Not later than the purpose. • ' make a full and truthful mon to yotr officer on the fornf provided that for surcharge, toward tho post of your supervision in (2) You will pay the State of Florida the amount of 350.00 per month, as well al 4% Statutes. accordance with e. 948.09,F.S„ unless otherwise exempted in compliance with Florida . . place. You will not change your residence or employmont or leave the cony of your maiden« (3) You will remain in a spiv:Mod without first procuring the consent of your officer. •.,. (4) You will not possess, carry or own any freenn or weapon, unless authorized by the cowl. necessary for such a violation to constitute a (5) You will live without violating the Jew. A conviction in a cowl o£ law shall not be violation of your probatioilcommuoity control. (6) You will not associate with any person engaged in any criminal activity. will.you visit (7) You will not use intoxicants to croon; or possess any drugs or narcotics unless prescribed by a physician. Not used. places whew intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed'or any dependents to the (8) You will work diligently et a lawful occupation, advise your employer of your probation status, and support but of your ability, as directed by your officer. (9) You will promptly and truthfully answer all inquiries directed to you by the court or the officer, and allow your officer to visit in. your home, al your employment site or elsewhere, and you will comply with all instructions your officer may give you; (10) You will pay restitution, coon wets, andkr fees in accordance with special conditions imposed or In accordance with the attached orders. • (11)You will submit to random testing at directed by your officer or the professional staff of the treatment center where heishe is receiving treatment to deurmino the presence of alcohol or Magni drugs. You will bo required to pay for the tests unless exempt by the court. (12)You will submit two biological specimens, as directed by your officei, for DNA analysis as prescribed is ss. 943.325 and 948.014. F.S, (I3)You will report in person within 72 hours of your release from incareenttion to the probation office in PALM BE County, Florida, unless otherwise instruoted by the court or department. (This condition applies only if section 3 on the previous page is oheokod.) Othenvisea yen must report immediately to the probation office located at 3444 SOUTH CONGRESS AVENUrn JAKE WORTH J. 334.61, Page 2 of 8 Form Reviled 03.18-08 EFTA00233561 ustetiu i isit.thisto r,:uc o6r uo 11/25/2008 1572a . 3tit. MOREY EPSTEIN CASEa5020DBCFD09381AXparta gown-loss SPECIAL necessary, you must successfully complete Alcoho l evaluati on end, if treatment Is dawned 1. You mutt underse a Dmg sod g said evaluation and treatment, union t of any caste inourred while receivin the treatment, and be responsible for the paymen waived by the court Additional instructoolordered: the obligation is paid in full: viedra(s), as directed by the court, until ❑ 2. You will make msdlthion to the following NAME: TOTAL AMOUNT; $ monthly amount, begin date, due data, or otal & several: Additional insetted= ordared, including spooific NAME: TOTAL AMOUNTs.. , • or joint &several: monthly amount, begin date, duo date Additional instruction ordered, including peoI5c srzcIAL CONDITIONS— CONTINUE') residential treatment -Secure Drug Treatment Program or other You will *nil. the Dopartment of Corn:Mine Non complet ion as approve d by your officer. You are to of succens lid program/Probation tad Restitution Canter for a period Aftercare. You arc to oomply with all Rules and RegulationS of arid remain until you suanasfidly complete sold Program until placement in said ',roarer°, and if you are confined in the jail, You tall be confined In the county jail the Progratn. the Sheriff will transport you to said program. who is illegal drugs, And you will not associate with anyone ❑ 4. You will abstain entirely from the use of aloobol andlor illegally using drugs or consuming alcohoL will ditmmine the presence of alcohol or illegal drugs. You ❑ 5. You will submit to urinalysis testing on a Tama& bast; to be requited to pay for the tents unless exempt by the court. is the sate and dispensing of alcoholic beverages. ❑ 6. You will not visit any establishment where the primary business bows of community service at a rate of , at a work site approved by your ❑ 7. You will sucocesililly complete officer. Additions/ instructions ordered: curfew imposed, vnkss otherwise directed by the ❑ 8, You will remain at your residence between 10 p.m. and 6 am due to a court. ing, and pay pa month for the ❑ 9. You will submit n electronic monitoring, follow the rules of electronic monitor oost of the monitoring service, unless otherwise diroottd by the noun. ❑ 10. You will not minim with during the period of supervision. ❑ I I. You will have no coma (direct or indirect) with the victim or the victim's family during the period of supervision. ❑ 12. You will have no oonteot (direct or indirect) with during the period of supervision. tion of school/work ❑ 13. You will maintain full limo oroploymont or attend school/vocational school full time or 0 combina during the term of your supervision. or a high school equivalency ❑ 14. You will make a good faith effort toward oomplcting basic or functional litcraoy skills diploma. IS. You will auccesifully complete the Probation &Restitution Program, abiding by all rule, and rtgulatlons- Page 3 erg Penn Revised 03.18.03 EFTA00233562 Xiati • 1DI *id •" • tirierstia r Litt leans, t - . • El JEFFREY EPSTEIN CASEN502008CF00938 lArCOvIB ❑ 16. You will anend Alcoholics Anonymous or Narcotics Anonymous meetings at least monthly, unless otherwise directed by the court ❑ 17. You must successfully complete Ancor Mannzernant and be nrepensible for the payment of any costs incurred while receiving said treatment, unless waived. If convicted of a Demesne Violence offense, as defined is s. 741.28, F,S., you must attend and successfully complete n batterer's intentennoo program, unless otherwise directed by the court Additional truitrueders ordered: • ❑ 18. You will amend an HTV/ADDS Awareness Program consisting of a gloss of not lean than two (2) hours or more than four (4) hours in length, the eon for which will be paid by you. • • O 19. You shall mho:diyourperson, property, piste of residence, vehicle or persontd effects to a warrantless search at any time, by any probation or con-nanny control officer or any law enforcement officer. 20. DEFENDANT MUST REGISTER AS A SEXUAL OFFENDER WITHIN 48 HOURS OF RELEASE • 21. AS A SPECIAL CONDITION OF HIS COMMUNITY CONTROL, ME DEFENDANT IS TO HAVE NO UNSUPERVISED CONTACT WITH MINORS, AND THE SUPERVISING ADULT MUST BE APPROVED BY THE DEPARTMENT OF CORRECTIONS 22 THE DEFENDANT IS DESIGNATE!) AS A SEXUAL OFFENDER PURSUANT TO FLORIDA STATUTE • 943.05 AND MUST ABIDE BY ALL THE CORRESPONDING REQUIREMENTS OF TILE STATUTE, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEELED., lieD 23. DEFENDANT MUST PROVIDE A DNA SAMPLE IN COURT AT THE TIME OF THIS PLEA. E 24. SPECIFIED CONTACT WITH THE PAROLE AND PROBATION OFFICER O 25. CONFINEMENT TO AN AGREED-UPON RESIDENCE DURING HOURS AWAY FROM EMPLOYMENT AND PUBLIC SERVICE ACTIVITIES 23 26. MANDATORY PUBLIC SERVICE ▪ 26. SUPERVISION. BY THE DEPARTMENT OF CORRECTIONS BY MEANS OF AN ELECTRONIC MONITORING DEVICE OR SYSTEM • 27, ELECTRONIC MONITORING 24 HOURS PER DAY E a CONFINEMENT TO A DESIGNATED RESIDENCE DURING DESIGNATED HOURS AND, IF PLACED ON DRI/Q_QEFIEL(DER PROBATION, YOU WILL COMPLY WITH THE FOLLOWLYG CONDITION OF SUPERVISION IN ADD/TION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED 15Y THE COURT: (14)You will participate in a specialized drug treatment program, either as an in•padcnt or outpatient, as recommended by the treatment provider. You AI attend all counseling sessions, submit to random urinalysis and, if an in-patient, you will comply with all operating mks, repletion, and procedures of the sr:timers facility. You will pay for all costs associated with treatment and testing unless otherwilo directed. Additional instructions ordered: (15) You will ranein at your residence between pa and Lin duo to a curfew imposed. unless otherwise directed by the court AND, IF PLACED ON COMMUNITY corn-Rot YOU wait, COMPLY WITH THE FOLLOWING CONDITIONS, IN ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT: Page 4 of 8 Form Revised 03.18-08 EFTA00233563 11/25/2008 15:28 35 26 elkeut r creamy. 'mine "obititie " • • JEFFREY EPSTEIN CASEtt502008CF009381AXYJtMEI (14)You will roped to your officer a directed, atleasione trine a Week, unless you bays written consent otherwise. approved employment. (15)You will remain confuted to your approved rtaldcncc except for one halfhow before and after your public servle.e work, a any other special activities approved by your officer. . • . • ()6)You will maintain en hourly accounting of all your activities on a daily log, which you will submit to your oTheer on request. (17) You will successfully complete hours of community service at a rate of _, at a work eitc approved by your officer. Additional inemxtiohs ordered:. ' (18) You will submit to electronic monitoring, follow tie roles ofMania monitoring. end pay per moat for die cost of the monitoring service, unless otherwise directed by the court. MD,IF PLACED ON PROVIDED IN CHAPTER 224, t 800.04,1. 82/.071, or s.,47,0145, COMMITTED ON OR ATTIE OCTOBER 1.1995 YOU WILL COMPLY WITH • TEE FOLLOWING STANDARD SEX OFFENDER CONDITIONS, INADDITION TO THE STANDARD CONDITIONS • 'LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT: : O4)A mandatory curfew front 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender's employment preoludes the above specified time, and the alternative ie recommended by the Department oftorroctions. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions. (15)if the gleam was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park, playground. or other place where children regularly conmagete, as prescribed by the court. T110 1,000-foot distance shall bo measured in a etralght line from the offender's place ofrearm° to the neatest boundary line of the school, day care center, park, playground, or other place where childrencongregate. The distance may not be measured by a pedestrian route or automobile route. (16)Aonve participation in end successful completion of a sex offender vestment program with qualified practitioners specifically trained to neat am offenders, at the offender's own expense. If e qualified practitioner is not available within a 50-mile radius of the offender's residence, the offender shall participate In other appropriate therapy. (17)A prohibition on any contact with the victim, directly or indirectly, Including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court (18)11 the victim was under the age of 18, a prohibition on contact with a Mild under the age of 18 except as provided in this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified proodtioner who is basing the recommendation on a risk assessment. Further, the sox offender must be currently enrolled in or have successfully completed a sex offender therapy program. no COWS may not grant eupervised contact with a ohild if the contact is not recommended by a qualified procdtioner and may deny supervised contact with a child at any time, (19)1f the victim was under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to any school, daycare center, park, playground, pet store, library, zoo,therne park, or mall. (20)Unless otherwise indicated in the treatment plan provided by the eerie! offender °Emmem program, a prohibition on viewing, myosins, owning, or 'amassing any obscene, pornographic, or sexually stimulating visual or auditory material. including telephone, electronic media computer programa, or computer smilers that we relevant to the offender's deviant behavior pattern. (21)A requirement that the offender submit two specimens of blood or other approved biological specimens to the Florida Department ofLaw Enforcement to be registered with the DNA data bank. (22)A requirement tint the offender make matitullon to the victim 03 ordered by the court under s. 775,089, for all necessary medical end related professional services relating to physical, meanie, and psychological cam. (23)Submisslon to a warrantless search by the community control or probation officer of the offender's person, residence, or vehicle. Page 5 of 8 Form Revised 03.18.08 EFTA00233564 _ . . , -iii1•014tXiti art; to to %A.sividir VA.114.1. . , eta • • • JEFFREY EPSTEIN CASF4502008CF009381AX)0(ME • pnerws FOR PROBAIIONZLORCOMMUNITY CONTROLLEE WHOSE CRIME WAS COMMTTEI) ON OE. - . , •• . Ann OCTOBER1,1597 pj4D WHO IS • • MR A VIOLATION OF CHAPTER .22,4, a. 110%04, 6.1127.071, or a. 847.014‘ DI ADDITION TO ANY. OTHER.PROVIS7ON : • „... OP THIS SECTION, YOU MUST COMPLY WITH THE FOLLOWING CONDITIONS OF SUPERVISIONt. •• . . • (24) As past of a treatment program, putkipation at least annually in polygraph culminations to obtain information necenuy flars184. . •: management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examinationmnst be conducted by a . • polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall bepaid • . . . ,• . by the sex offender. (25)Maintenance ofa driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer. (26)A prohibition against obtaining or using a post office box without the prior approval of the supervising officer. . . . (27)If them wee sexual contact, a submission to;at the offender's expense, an FIW test with the 'results to be released to the vino 1 .. . .• . , • • • and/or the .victim's pitent or guardian. ,.. .• . . . :• • . • (E8)Ekotronio monitoring when deemed necessary by the probation officer and supervisor, and ordered by the own at die recommendation of the Department ofCorreodons. .. .. ... • • • ... . .. — : • I ' ' (2E)Fiffeetive for an offender whose crime was committed onor after July 1,2005, and who are placed on supervision for violation of chapter 794,1. 800.04, a. 827.071, ore. 847.0145, a prohibition on accessing the Internet or other computer services until the offenders sex offender treatment pronto, after a risk assessment is completed, approves and implements a safety plan for the offender's accessing or using the Internet or other computer services. (30)Effeetive for offenders whose crime was committed on or after September 1, 2005, thorn 13 hereby Imposed, in addition to any other provision in this section, mandatory electronic monitoring as s condition of supervision for those who: Are placed on supervision for a violation °taborer 794,3. 800,04(4), (5), or (6), a. 827.071, or a, 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years ofago or older, or • Arc designated es a sexual predator pursuant to a, 775.21; or • Hoe previously been eonviotod o f a violation of chapter 794,1.800.04(4), (5), or (6), s. 827.071, or a. 847,0145 and the unlawful sexual activity involved a victim 15 years of age or younger and tho offender is 18 years of ago or older. You are hereby placed on notkathat should you violate your probation or community control, and the conditions set forth in a. 948.063(1) or (2) are utlisfled, whether your probation or community control is revoked or not revoked, you shall ba placed on eleouonio monitoring in accordinoe with F.S. 948,063. • YOU ARE HEREBY PLACED ON NOTICE that tho court may at any time rescind or mod* any of the oondidons Of your probation, or may extend the period ofprobation at authorized by law, or may discharge you from flue= supervision. If you violate any of the conditions of your ;aphelion, you may be arrested and the court may revoke your probation, adjudicate you guilty adjudication ofpill was withbdd, and impose any sentence that it might have if imposed before placing you on probation or require you to rave the balance of the sentence. Page 6 of 8 Form Revised 03-18-08 EFTA00233565 11/23/21201 o: -WAWA f CaratI JEFFREY EPSTEIN CASEE02,008EF009281AX.700vIll . ••1T 18-11RTHEE ORDERED that Witt you. tunas beeitinstructrA es tot conditions of probation, you thall be released from • • . • cultodYlf Sy am in anstorly,end if you are.atllbeity* bond, the sureties thereon shell stand discharged fermi liability, (pide . paragraph applion only if ovation I or section 2 is °beaked) • . . . • ' Pf IS IrlErfEER ORDERED that the clerk& this court the this order in the clerk's office and provide certified copies of same to: the officer for use le compliance with the requirements oflaw. DONE AND ORDERED, on el?Tv tY NUM TRO'ruNc 96-]0.200% • Sandra K. hdoSorloy, Chttlit dge I aclmowledge receipt of a copy of this order end that the onsiditions have be plaited to me and ! agree to abide by them. Defendant Instructed by: Supervising Officer up/07.02.08 Page 7 of 8 ForteReviled 03.18-08 EFTA00233566 War VW 10:10 .140 11/‘'D/ZOOO .• $ JEFFREY EPSTERI CASE0502008CF009381AXXX.MB COURT ORDERED PAYMENTS ' .. CRICK ALL THAT ARE ORDERED: FINES (g) or Cholla 316, F.S. § S_ Total of fine sunned In sentence, penmen to s. 775.083 (1)(a) through 938.04, F.S. . 3 Statmonly mandated 5% surcharge/cost (fine exessod (on first line) pursuant to t Fund pursuant to s. 938.06(1), PS. 518.8awiluniti istdiant13131 2080 Crime Stoppers Trutt . MANDATORY COSTA MAW, CASES . .0 $100,02 Additional court coot for felony offense, annum to a 93805(IX0), F.S. con ler misdemeanor or criminal waffle *Rene, pureuent to s. 938.05(1)(b) or (c), F.S. O 550.00 A ddHlonal court 0 5_50.00 . Crimes Compensation Trost Fund pursuant too. 938.03(I ), F.S. O Lan County Crime Proventloo Food pursuant to t. 775.083P, P.S. O ; 3.02 Additional Court Costs Clearlug Trost Fund pursuant to 3.938.01(1), F.S. Surcharge, pursuant to t. 948.09. P.S. O 1_519.2 Per month for each month of supervision for Training Trust Fund MANDATORY COSTS 2N SPECIFIC TYPES OP CASES 784.011, 784.021, of ss. 784.03, 784041: ' O urila Rope Crisis Program Trutt Fund, punamat to a 938.085, P.S. for any violations or 794.011, F.S. 784.045, 784,048,784.07, 784.0, 784.081,784.082,784.083,784.085, 784.021, 784.03, 784.041, 784.045, ID FM,02 Domestic Violence Trost Fund, pursuant x3.958.08,1.3. fot my violations of ss. 784.011, Violence &scribal In 3. 784082,784.083 , 784.083, 794.011, or any otTenm of Dornostio 784.048,78407, 734.08, 784.081, . 74 L28, F.S. • • . chapter 787, chapter 794, a. O ligia Canals Crimes Against Misers, pursuant to s. 938.10(1), F.S. far my violations of a. 784.085, 796.03, s. 800.04 chapter 827, s. 847.0145, or e. 995.701, F.S. 327.35, P.S. ID $115.00 DUI Court Cots, pursue/At to t 938.07, F.S. for ony violetions of as. 316.193 or Enforcement Radio System Traci Fund, pursuant tot. 318.18(17), F.S. for any violations of offenses listed O LJ,29 State Agency Law ampler 893, 316,193,316.192 , 316.067, 316.072(3), Ina. 318.17 Including et 316.) 915, 316.027, 316.0b 1, 877.111, U. 516.543(1), army other offense In chapter 316 which is olessIll ad a 1 m(ming) violation. E.1 5 2.00 Criminal Rothe Educstion by Munleripshtlos and Oeuntin, prtsuont to s. 938.13, P.S. El 165.0Q Additional court costs for local requirement. and other county headed programs pursuant to le 939185(1)(a), RS. O ; 3.00 Tess Court funtUant to S. 535.18(2), DISCRETIONARY ❑ $ 1.98 Per month during the non of supervision to the following nonprofit organization established for the solouutposo of supplomenting fro rehabilitative slims of the Deportment of Cr:Sentient Fornicate a. 948.039(2), RS: ❑ NAUQ Public Defender Apollonon Fee, If not mcvlously collected or waived, persvent tote 27.52 coda 93829,F.S. O Public Defender Fees and Cork, pursuant tot. 938.39, F.S. es tleinmanedl°4-4119. 0 S50.00 ProrecutionfinvestigatIve Cows, pursue m to s. 938.27, F.S. O Other. ❑ Otha: • $aat County Aleohtl and Other Drug Abuse Trust Fund, pursuant to 1.93811 and a. 938.23. F.S. for violations of a. 3I 6.193, 5.856,011. s. 356.015, or chapter 562, chapter 167, or thaptcr 568, F.S. ❑ REV112 Operating Trutt Fond of the FDLE, ponram to s. 939.25. F.S. for violations of s, 893.13 offenses * TOTALS 473,00 PAYMENT IS TO BE MADETHROUGH AND PAYABLE TO:® Department of Corrections or O Clerk of Coun (If oollectcd by the Department of Coirectiont, a surcharge of 4% will be added to all paymenu ordered by the coun, pursuant x s 94531. P.S.) Court Costs/Fines Wowed Coon Costa nos In the amount of convened lo community service bouts ❑ Court Cosu/FIncs in the amount of reduced to civil lodgment SPECIFIC INSTRUCTIONS FOR PAYMENT; Page 8 of 8 Form Revised 03-18-D8 EFTA00233567 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA CASE NO.: 08CF009381AXXXMB DIVISION "W" VS. JEFFREY E. EPSTEIN, c- •rn• Defendant. • I • •“-• AGREED ORDER CORRECTING SCRIVENER'S ERROR? 49 :NM CA THIS MATTER came before the Court upon the agreement of J c A.Goldberger, ) Esq., attorney for the Defendant, and Barbara Burns, Esq., Assistant State Attorney, and the Court being otherwise fully apprised of the facts and circumstances therein, it is hereby ORDERED AND ADJUDGED that the Order of Community Control is corrected to delete special condition #26 (Supervision by DOC by means of an electronic monitoring device or system) and special condition #27 (Electronic monitoring 24 hours per day). The plea agreement and plea colloquy clearly reflect that the Defendant was not to be placed on the electronic monitor. DONE AND ORDERED in chambers, West Palm Beach, Palm Beach County, Florida this day of May, 2009. JEFFREY C / BA141A"-- Circuit Court udge Copies Furnished: Jack A. Goldberger, Esq., Attorney for Defendant SCANNED MA1 0 5 Barbara Burns, Esq., Assistant StatAtisrfiev• STATE OF FLORIDA • PALM BEACH COUNTY 1009 Department of Corrections — Probr '' arole thereby certify that the ' ifs foregoing is a true copy : t - oft ec rd in my office. EFTA00233568 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guity 11 DOC Felony Solicitation of Prostitution 1 No 3 FF.L ring Person Under 18 for Prostitution 1 No 2 FEL Pet VVelved/Not Required Required/Requested ADJUDICATION: Adjudicate Di 1 SENTENCE: On OBCF009454AMB, the Defendant Is sentenced to 12 months in the Pain Beach County Detention Facility, with credit for 1 (one) day tine served _ 1,11470% Jos.t. biAlioAfft On 08CF009381AMB, the Defendant S sentenced to 8 months& the Pain Beach County Detention Facility, will aedlt for 1 (one) day tine served. This 8 month sentence is to be served consecutive to the 12 month sentence in OOCF0094S4AMB. Following this 8 month sentence, the Defendant will be placed on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS: As • special condkion of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Correction. The Defendant Is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by al the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time • STATE OF FEAR A • PALM BEACH COUNT? I hereby certify that the tonguing is a true copy of the rec In my office. F ,Haar . 20271_ 0K OMP ROLLER PUTY CLERK EFTA00233569 r .timare e. jn—uDstWA) HAT YOU SHALL COMPLY WIT H THE FOLLOWINOD ITIONS-OF SUPERV i. calvIMUNITY CONTRO ISION: IS ARD CONDITIONS: You will remain confined to yo ur residence except one half community service work, or hour before and after your app any other activities approved roved employment, . You will maintain an hourly acc by your probation officer. ounting of all your activitie officer upon request • s on a daily log which yo • u will submit to your supervising The Department of Correction s, may at its discretion, places Community Control. If placed you on Electronic Monitori on Electronic Monitoring, yo ng during the term of your private phone line, be financial u will wear a monitor at all ly responsiblifor any lost or tim es. You will maintain a • instructed. The telephone will damaged equipment and fol be available within five wo low all rules and regulatio While on electronic monitori rking days of being placed ns as ng you will remain confined On Electronic Monitoring Pro residential walls. • to your residence and are pro gram. hibited from being outside (d) If while being monit the ored and the monitor is found to immediately, if the officer det have been tampered with ermines that your were not you shall be taken into custo outside the residence then in tha at your schedules place dy t event you shall be taken int of work or school while allow held without bond and shall. o custody immediately. ed to be on the next working day, bro If taken into custody, you sha disposition at the discretion of ug ht before a Judge presiding ll be (a) If placed on Electron the presiding hdge- over his or her case for furthe ic Monitbring you will pay to r day, per F.S. 948.09; the State of Florida, for the cost of Electronic Monit oring $1.00 per ODeknciAni. tau . PecictiA-s O4- el 5-`a" 3.Y; (to Wa .12:4> r-kni plot_ ys 1,,t_tuu t.) FROBATIO RD CONDMONS 33 6 • . (a) You will submit to and, unless otherwise waived, be monthly basis, and counselin financially responsible for g if deemed appropriate by drug testing, urinalysis at lea ( 2) You will enter and suc st on a cessfully complete a non-secu your supervising officer. • • your officer. re or inp atient drug treatment pro (a) You will comply with any gram if deemed appropriate curfew restrictions, con by your officer and approved finement approved reside by the Officer's Supervisor. nce or travel restrictions as instructed by sTsiX.QEFENEAR•84.6Siat RH-eetetnerrst you shall submit to a mandato ry curfew from 10:00 PM b(if the victim wasunder the to 6:00 AM age of 18 years) you shall no . . playground, or other place wh t live within 1000 feet of • . (a) you shall -enter, active ere chi ldren regularly congregat a school, day care center ly participate in, and succes e. , park, particularly trained to heat sfully complete &sex off . sex offender, at proltationer ender treatment program wi ou shall not.have any contact 's or community controlee th a therapist with the vietiOdirectly s expense. by the victim, the therapist an or indirectly, including thr d sentencing court. ough a third person, unles (if the victim was under the ag s approved e of 18 years) you shall . . program, have any unsuperv not, until you successfully ised contact with a child un attend and complete the sex court, without an adult presen der the age of 18 years, offender t who is responsible for the un les arid is approved by the sen child's welfare and which s authorized by the sentencing tencing court. adult has been advised of the the victim was under the ag crime e of 18 years) you' shall no ark, playground, or other place t work for pay or as a vo where children regularly lunteer in any school, day car congregate. e center, wn, or posses any obscene, porno RP - electronic media, computer pro graphic or sexually stimulating visual or audito you shall not view, %Yon shall submit grams or computer ser ry material, including telep two specimens of blood to the vic es that are relevant to your hone, Florida Department of deviant behavior pattern. Data Bank. Law Enforcement to be ' (i) You shall make res . . . registered with the DNA titution to the victim as ordere related profesaional services d by this court pursuant. relating [tithe physical, psy to F.S. 775.089 for all nec You shall submit to a warra chiatric and psychologica essary medical and ntless search by your probat l care of the victim. residence, or vehicle. ion officer or communit . .. y control officer of y ur pe_ . . . rsoni CO w eirs co." Cs 0) Dacejtalall-1 - +O C\94-tel— COViseLC-4 — l" ) L44-, 14--t. S 60 C CY cif a- nit Ok. % fvt.•1 €kr t L. readic. y 6 tem- - tin & v 0 De kn acca,4-- fp 004 4 fi tividoi Seim c. c., Ca mciet,41n-v --1:1 ATS-Ini4; An. yl 1114 R. • Oa t t EFTA00233570 you shall submit to a man tory curfew from 10:00 PM to 6:00 AM (if the victim was under the age of 18 year s) you shall not live within 1000 feet of a scho playground, or other place where children regu ol, day care center, park, (c) larly congregate. you shall enter, actively participate in, and successfully complete a sex offender treat particularly trained to treat sex Offender, at ment program with a therapist probationer's or community controlees (d) you shall not have any contact with expense. the victim, directly or indirectly, including by the victim, the therapist and sentenci through a third person, unless approved ng court. . (e) (if the victim was under the age of 18 year • s) you shall not, until you successfully atten program, have any unsupervised contact with d and complete the sex-offender a child under the age of 18 years, unless court, without an adult present who is resp authorized by the sentencing onsible for the child's welfare and whic and is approved by the sentencing cour h adult has been advised of the crime t. (f) (if the victim was under the age of 18 years). you shall not work for pay park, playground, or other place where child or as a volunteer in any school;day care ren regularly congregate. center, (g) Unless otherwise indicated in the treatmen t planprovided by the sexual offender treat own, or posses any obscene, pornographic ment program, you shall not view, or sexually stimulating visual or auditory mate • electronic media, computer programs rial, including telephone, • or com You shall submit two specimens of blood puter services that are relevant to your deviant behavior pattern. to the Florida Department of Law Pnforr.em Dam Bank. ent in he neeetered with the 11h1A (1) • You shall make restitution toth e victim as ordered by this court pursuant related professional services relating to F.S. 775.089 for all necessary medical and to the physical, psychiatric and psyc 0) • You shall submit to a Warrantl hological•care of the victim. ess search by your probation officer or residence. or vehicle community control officer of yoUr person, (ic) you shall, as part of a treatmen t program, participate once/twice annually necessary for risk management and in polygraph examination to obtain info treatment and to reduce your denial mec rmatio be conducted by a polygrapher train hanisms: Your polygraph examinations mus ed specifically in the use of polygraph paid by you. The results of the poly for monitoring sex offenders and it shall be graph examinations shall not be used of community supervision occurred as evidenced in court to prove that a violation . You shall maintain a driving log, you shall, not drive a motor vehicle white supervising officer. alone without prior approval of your . Ri (if there was sexual contact) you shal the results to be released to the victi l submit to, at probationer's orcomm m,. or the victim's parents or guar • unity controlees expense, an HIV test with You will not obtain or use a Post dian. Office Box without the prior approval Yon will submit to electronic mon of the supervising officer. itoring when deemed necessary by the or her supervisor, and.ordered by community control or probation officer and hit the court at the recommendation of the Department of Corrections. . Mier: COURT RB,533RVHS THE RIG .. HT TO RESCIND, MODIFY, OR REV IONS AND ORDeRED AT West Palm Beach, Palm Beach Cou OKE SOISI94 TO NT PROVIDED' BY LAN; nty, Florida, this ToC3 lunc Pro Tunc: .1.01-5aMt Honorable Sandra K. McSorka• Jutjg< Circuit Court have received a copy of the terms and conditions of my supervisionA :orrections Probation Office for further instructions. Also. I hereby have read and understand these condit.-em e- agiee to report to the Department of f which is federally regulated under consent to the disclosure of my alcohol and 42CPR, Part II. for the duration of my fupe rvision. drug abuse patient rec ds, the cOnfidentiMit, EPEND ROR DA :PALM B h joy eat, lb S TIMED BY S 10/11 foregoing is a true OPY of he recor otike. .20 — 0 BO K TROLLER By PUTY CLERK EFTA00233571 948.101 Terms and conditions of community control and criminal quarantine community control... (1) The court shall determine the terms and conditions of community control. Conditions specified fn this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control. (a) The court shalt require intensive supervision and surveillance for an offender placed Into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agreed•upon residence during hours away from omploymont and public service activities. 3. Mandatory public service. 4. Supervision by the Department of Corrections by means of an electronic monitoring device or system. 5. The standard conditions of probation sot forth in s. 948.03. (b) For an offender placed on criminal quarantine community control, the court shall require: 1. electronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated hours. (2) The enumeration of specific kinds of terms and conditions does not prawn the court from adding thereto any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 to reside In another state if the order stipulates that it is contingent upon the approml of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by It upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not mead 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services. (3) The court may place a defendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control. The Department of Corrections shaft develop and administer a criminal quarantine conwriunity control program emphasizing intensive supervision with 24.hourper-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered. EFTA00233572 '943.0435 Sexual offenders required to register with the deparunent; penalty-- (1) As used in this section, the term: (a)1. -Sexual offender' means a person who meets the criteria in sub-subparagraph a., sub- subParawaph b., sub-subparagraph c., or sub-subparagraph d., as follows: a.(I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant Is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035- s. 800.04; s. 825.1025; s. g7.071- s. 847.0133• s. a47.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145- or s. 985.701(1); or any similar offense committed In this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and (II) I-Ias been released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described In sub-sub-subparagraph (I). For purposes of sub-sub- subparagraph (I), a sanction imposed in this state Of In any other jurisdiction includes, but Is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration In a state prison, federal prison, private correctional facility, or local detention facility; b. establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender; c. establishes or maintains a residence in this state who is in the custody or control of, or under the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 787.01, s. ?87.02_, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-subparagraph; or d. On or after July 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of age or older at the time of the offense: (I) Section 794.011, excluding s. 794.011(10); (II) Section 800.04(4)(b) whore the victim is under 12 years of age or where the court finds sexual activity by the use of forte or coercion; (III) Section 800.04(5)(c)1. where the court finds molestation involving unclothed genital: • atc ..., EFTA00233573 (IV) Section 800.04(5)(d) where the court finds the use of force or coerc genitals. ion and unclothed 2. for all qualifying offenses listed in sub-subparagraph (1)(4)1.d., the court shall make a written finding of the age of the offender at the time of the offense. Far each violation of a qualifying offense listed in this subsection, the court shall make a written finding of the age of the victim at the time of the offens e. For a violation of s. 800.04(4), the court shall additionally make a written findin g Indica did not knots* sexual activity and Indicating that the offense did ting that the offense dfd or coercion. For a violation of s. 800.04(5), the court shall or did not involve force or additionally make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not invests the use of force or coercion. (b) *Convicted moons that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of wheth er adjudication Is withhold, and includes an adjudication of delinquency of a juvenile as specified in this section. Conviction of a similar offense includes, but Is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed fortes of the United States, and includes a conviction or entry of a plea of guilty or nolo con tendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correc tional facility, or local detention facility. (e) "Permanent residence" and "temporary residence have the same moaning ascribed in s. 775,21. (d) "Institution of higher education means a career cente r, community college, college, state university, or independent postsecondary institution. (e) 'Change in enrollment or employment status' means the commencement or termination of enrollment or employment or a change in location of enroll ment or employment. (f) 'Electronic mail address" has the same meaning as provid ed In s. 668.602. (g) 'Instant message name means an identifier that allows a person to communicate in real time with another person using the Internet. (2) A sexual offender shall: (a) Report in person at the sheriffs office: t. In the county In which the offender establishes or maintains a permanent or temporary residence within 48 hours after: a. establishing permanent or temporary reside nce in this state; or b. tieing released from the custody, control, or supervision or from the custody of a private correctional facilit of the Department of Corrections y; or 2. In the county where he or she was convicted within 48 hours after being convicted for a qualifying offense for registration under this section if the offender is not in the custody or EFTA00233574 control of, or under the supervision of, the Department of Corrections, or is not in the custody of a private correctional facility. My change in the sexual offender's permanent or temporary residence, name, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d), after the sexual offender reports in person at the sheriffs office, shall be accomplished in the manner provided in subsections (4), (7), and (8). (b) Provide his or her name, data of birth, social security number, race, sex, height, weight, hair and eye color, tattoos or other identifying marks, occupation and place of employment, address of permanent or legal residence or address of any current temporary residence, within the state and out of state, including a rural route address and a post office box, any electronic mail addres and any instant message name required to be provided pursuant to paragraph (4)(d), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address. 1. If the sexual offender's place of residence is a motor while, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriffs office written notice of the vehicle Identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat 2. if the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education In this state, the sexual offender shall also provide to the department through the sheriffs office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change In enrollment or employment status shall be reported in person at the sheriffs office, within 48 hours after any change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change In the sexual attendees enrollment or employment status. When a sexual offender report at the sheriffs office, the sheriff shall take a photograph and a sat of fingerprints of the offender and forward the photographs and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender. (3) Within 48 hours after the report required under subsection (2), a sexual offender shall report in person at a driver's license office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that complies with the requirements of s. 322.141(3) was previously secured or updated under s. 944.607. At the driver's license office the sexual offender shell: (a) If otherwise qualified, secure a Florida driver's license, renew a Florida drhar's license, or secure an Identification card. The sexual offender shall identify himself or herself as a sexual offender who is required to comply with this section and shall provide proof that the sexual offender reported as required in subsection (2). The sexual offender shall provide any of tho information specified in subsection (2), If requested. The sexual offender shall submit to the taking of a photograph for use in issuing a driver's license, renewed license, or identification card, and far use by the department in maintaining current records of sexual offenders. EFTA00233575 (b) Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for Issuing or renewing a driver's license or identification card as required by this section. The driver's license or Identification card Issued must be In compliance with s. 372.141(3). (c) Provide, upon request, any additional information necessary to confirm the identity of the sexual offender, including a set of fingerprints. (4)(4) Each time a sexual offenders driver's license or identiffaid e card is subject to renewal, and, without regard to the stabs of the offender's driver's licens e or identification card, within 48 hours after any then., in the offender's permanent or tempo rary residence or change in the °fielder's name by reason of marriage or other legal process, the offender shall report in person to a drivel license office, and shall be subject to the requirements specified in subsection (3). The Department of Highway Safety and Motor Vehicles shall forward to the department all photographs and Information provided by sexua l offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety authorized to release a reproduction of a color-photograph and Motor Vehicles is or digital-Image license to the Department of Law Enforcement for purposes of public notification provided fn this section and ss. 943.043 and 944.606. of sexual offenders as (b) A sexual offender who vacates a permanent residence and another permanent or temporary residence shall, within 48 falls to establish or maintain hours after vacating the permanent residence, report in parson to the sheriffs office of the count The sexual offender shall specify the date upon y in which he or she is located. which he or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required under paragraph (2)(b). The sexual offend er must provide an address for the residence or other location that he or she is or will be occupying during to establish or maintain a permanent or temporary the time in which he or she fails residence. (c) A sexual offender who remains at a permanent residence after reporting his or her intent to vacate such redeem shall, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, repor he or she reported pursuant to paragraph (b) for the t in person to the agency to which purpose of reporting his or her address at such residence. Vass the sheriff receives the repor t, the sheriff shall promptly convey the information to the department. An offender who makes a repor t as required under paragraph (b) but fails to make a report as required under this paragraph commits a felony of the second date*, punishable as provided in s. 775.062, s. 775.082, or s. 775.0 64. (d) A sexual offender must register any electronic malt address or instant message name with the department prior to using such electronic mail addre ss or Instant message name on or after October 1, 2007. The department shall establish an online system through which sexual offenders may securely access and update all electronic mail address and instant message name Information. (5) This section does not apply to a sexual offender who is s. 775.21. Asexual predator must register as requir also a sexual predator, as defined in ed under s. 775.21. (6) County and local law enforcement agencies, In conju nction with the department, shall verify the addresses of sexual offenders who are not under the care, custody, control, or supervision of the Department of Corrections in a mann er that fs consistent with tie provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. Local law enforcement agencies shall report to the department any failure by a sexual offender to comply with registration requir ements. EFTA00233576 (7) A sexual offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 4$ hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. The notification must include the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the sexual offender. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual offender's Intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9). (8) A sexual offender who indicates his or her intent to reside in another state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 48 hours after the date upon which the sexual offender indicated he or she would leave this state, report in person to the sheriff to which the sexual offender reported the intended change of residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. A sexual offender who report his or her intent to reside in another state or jurisdiction but who remains in this state without reporting to the sheriff in the enamor required by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.061, or s. 775.064. MOO A sexual ofende► who does not comply with the requirement of this section commits a felony of the third degree, punishable as provided in s. 775.062. s. 775.063, or s. 775.084. (b) A sexual offender who commits any act or omission in violation of this section.may be prosecuted for the act or omission in the county in which the act o► omission was committed, the county of the last registered address of the sexual offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual offender. (c) An arrest on charges of failure to register when the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment an charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraignment constitute grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to ►egister who asserts, or intends to assert, a lack of notice of the duty to ►egister as a defense to of failure to register shall immediately register as required by this section. A sexual offender who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register. (d) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register. (10) The department, the Department of highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, any law enforcement agency In this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any Individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error Is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile EFTA00233577 Justice, the personnel of those departments, or any individual or entity acting at the request or LOW the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect ber.ause a sexual offender fails to report or falsely reports his or her current place of permanent or temporary residence. (11) Except as provided in s. 943.04354, a sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has received a full pardon at has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender: (a)1. Who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at leant 25 years and has not been arrested for any felony or misdemeanor offense since release, provided that the sexual of requirement to register was not based upon an adult conviction: a. For a violation of s. 767.01 or s. 787.02; b. For a violation of s. 794.011 excluding s. 794.011(10); c. For a violation of s. 800.04(4)(b) where the court finds the offense involved a victim under 12 years of ago or sexual activity by the use of force or coercion; d. For a violation of s. 300.04(5)(b); a. For a violation of s. 600.04(5)c.2. where the court finds the offense involved unclothed genitals or genital area; f. For any attempt or conspiracy to commit any such offense; or g. For a violation of similar law of another jurisdktion, may petition the criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender. 2. The court may want or deny relief if the offender demonstrates to the court that he or the has not been arrested for any crime since release; the requested relief complies with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a sexual offender or required to be met as a condition for the receipt of ►ederal funds by the state; and the court is otherwise satisfied that the offender Is not a current or potential threat to public safety. rho state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. 3. Tie department shall remove an offender from classification as a sexual offender for purposes of registration If the offender provides to the department a certified copy of the courts written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender. EFTA00233578 • (b) As defined In sub-subparagraph (1)(a)1.b. must maintain registration with the department for the duration of his or her life until the person provides the department with an order issued by the cast that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation In the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court order in the state o► jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state. (12) The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public's interest In public safety and in the effective operation of government. Releasing information concerning sexual offenders to law enforcement agencies and to persons who request such Information, and the release of such information to the public by a law enforcement agency or public agency, will fists the governmental interests of public safety. The designation of a person as a sexual offender is not a sentence or a punishment but is simply the status of the offender which is the result of a conviction for having committed certain crimes. (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section: (a) Withholds information from, or does not notify, the law enforcement agency about the sexual offender's noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual offender; (b) Harbors, or attempts to harbor, or assists another person fn harboring or attempting to harbor, the sexual offender; or (c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual offender; or (d) Provides information to the law enforcement agency regarding the sexual offender that the person knows to be false information, commits a felony of the third degree, punishable as provided in s. 775.062, s. 775.063, or s. 775.064. (14)(a) A sexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the sheriffs office in the county in which he or she resides or is otherwise located to reregister. (l1) However, a sexual offender who Is required to register as a result of a conviction for: I. Section 787.01 or s. 787.02 where the victim Is a minor and the offender is not the victim's parent or guardian; EFTA00233579 2. Section 794.011 excluding s. 794.011(10); 3. Section 800.04(4)(b) whore the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion; 4. Section 500.04(5)(b); 5. Section 500.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area; 6. Section 600.04(5)c.2. whore the court finds molestation involving unclothed genitals or genital area; 7. Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals or genital area; II. Any attempt or conspiracy to commit such offense; or 9. A violation of a similar law of another Jurisdiction, must reregister each year during the month of the sexual offender's birthday and awry third month thereafter. (c) The sheriffs office may determine the appropriate times and days for reporting by tie sexual offender, which shall be consistent with the reporting requirements of this subsection. Reregistration shall include any changes to the following information: 1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any currant temporary residence, within the state or out of state, including a rural route address and a post office box; any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d); date and place of any employment; vehicle make, model, color, and license tag number; fingerprints and photograph. A post office box shall not be provided In lieu of a physical residential address. 2. Ii the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education In this state, the sexual offender shalt also provide to the department the name, address, and corny of each institution, including each campus attended, and the sexual offender's enrollment or employment status. 3. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined In chapter 327, the sexual offender shall also provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel or houseboat. 4. Any sexual offender who fails to report in person as required at the sheriffs office, or who falls to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence or who fails to report electronic mail addresses or EFTA00233580 Instant message names, commits a felony of the third doiree, punishable as provided in s. 775.062, s. 775.083, or s. 775.084. (d) The sheriffs office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to the department in a manner proscribed by the department. STATE OF FLORIDA • PALM BEACH COUNT I hereby certify that the foregoing is a true copy of the recori in my office. THIS... _D 20 K OLLER BY DEPUTY CLERK EFTA00233581 45CAL NIA- SINC MOTN W1 / EFTA00233582 THE PALM BEACH POST MONDAY, JUNE IS, 4009 The Palm Beach Post ALEX TAYLOR, Publisher TIM BURKE, Executive Editor RANDY SCHULTZ, Editor of the Editorial Page Unseal the Epstein deal A rich, middle-aged Palm Beecher Palm Beach sex offender who preyed on girls almost 40 years younger already has received too deserves no more breaks. many breaks from the system. He doesn't deserve another. In July 2008, at the age of 55 and of course, want it kept secret. Last after paying the equiva- week, a Palm Beach County judge lent of a small country's set a hearing for June 25. gross domestic product Epstein attorney Jack Goldberger in legal fees, Jeffrey claims that the file should stay sealed Epstein escaped federal to protect the "orderly administration charges and pleaded of justice" and "protect a compelling guilty in state court to government interest." Oh, and third Epstein a pair of charges related parties might get hurt. The compel- to his luring five girls ling interest is Epsteinh, and there — ages 14 to 17 — to is no privacy issue since the victims his house. The girls undressed and themselves are making the request massaged him in return for $200 to Palm • Beach police spent 11 $300. HO serving only 18 months months investigating Epstein, only in the. Palm Beach County Jail, and to see then-State Attorney Barry he's serving only nights. And now he Krischer kick the case to a grand wants just one more favor. jury. Mr. Krischer backed off when When Epstein entered his state one of Epstein's gold-plated attor- plea, the terms of his federal deal neys, Alan Dershowitz, announced were sealed from the public. That that some of the victims had posted violated normal procedures. Attor- MySpace comments about their alco- neys for some of the victims, who hol and marijuana use. ' have filed civil lawsuits, want that Epstein% "best" defense has been plea deal unsealed, probably because that he didn't know the girls were the details would help their cases. underage. "How he verified that," But given the nature of this case, Mr. Goldberger said, "I don't know" there% also a public interest One con- Investigators found a high school dition of the federal plea, for example, transcript in Epstein's house. He was that he take the state deal. That's didn't know? The public should know why The Post also is seeking to have what Jeffrey Epstein did, and what the file unsealed. Epstein% lawyers, the system did for him. EFTA00233583 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A DIVISION W STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. MOTION TO MAKE COURT RECORDS CONFIDENTIAL Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney's, pursuant to Florida Rule of Judicial Administration 2.420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to treat as confidential the following records. A. A document referred to as "Non-Prosecution Agreement" filed under seal in the court file on July 2, 2008. B. A document referred to as "The Addendum to the Non-Prosecution Agreement" filed under seal in the court file on August 25, 2008. 1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008. 2. A Motion to Vacate Order Sealing Records and Unseal Records was filed by Non-Party EW on or about May 15, 2009. 3. A Motion to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009. 4. This Court granted Non-Party E.W. and Palm Beach Post Motion to Intervene on June 10, 2009 but took no immediate action on E. W.'s Motion to Vacate Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing. EFTA00233584 5.. The documents should remain confidential for the following reasons: a. To prevent a serious imminent threat to the fair, impartial, and orderly administration of justice. b. To protect a compelling government interest. c. To avoid substantial injury to innocent third parties. d. To avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings, sought to be closed. WHEREFORE, Defendant moves this Honorable Court to enter an Order keeping the above referenced records confidential, and maintaining them under seal. I HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis. CK A. GOLDBERGER, ESQ. WITNESS my hand and seal in the County and State last aforesaid this 11 day of June, 2009. Notary Public State of Fl My Commission Expires EFTA00233585 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via ei711.S. Mail; /Facsimile; o Overnight Delivery to R. Alexander Acosta, United States Attorney's Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office- West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 4 Deanna K. Shullman, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, . this 11 day of June, 2009. BURMAN, CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & WEISS, P.A. rt aL OBERT D. CRITTON, ESQ. CK A. GOLDBERGER, ESQ lorida Bar No.224162 lorida Bar No. 262013 EFTA00233586 di\ %Yi;ERBUilkitilLUDBERGbR v t 11.1:\,\??Er `NESS, JOSEPH R.ATTERBURY JACK A. GOLDBERGER JASON S.WEISS June 11, 2009 Board Certified Criminal Trial Attorney Member of New Jersey & Florida Bars Honorable Jeffrey Colbath Palm Beach County Courhouse 205 North Dixie Highway West Palm Beach, Florida 33401 RE: State of Florida Jeffrey Epstein Case No. 2008 CF009381A Dear Judge Colbath, Enclosed please find a courtesy copy of Jeffrey Epstein's Motion to Make Court Records Confidential filed with the Clerk of the Court on June 11, 2009. Very jfuly yours, a4Ac A. Goldberger, Esq. JAG/cg Enc. cc: Alexander Acosta, U.S. Attorney Judith Stevenson Arco, State Attorney William Berger, Esq. Bradley Edwards, Esq. Deanna Shullman, Esq. Robert Critton, Esq. EFTA00233587 AFTERBURY GOLDBERGER WEISS. Alexander Acosta United States Attorney's Off ice Southern District 500 S. Australian Ave. Suite 400 West Palm Beach, Florida 33401 33623+6237""""" lid EFTA00233588 THE PALM BEACH POST • THURSDAY, JUNE 11.2009 Judge delays ruling on request to unseal plea deal in sex case By SUSAN SPENCER-WENDEL women now suing Epstein one else gets treated like Palm Beach Post SaillWriter are asking Colbath to un- that," Edwards said. WEST PALM BEACH — A seal the deal that Epstein Epstein, 56, a reported circuit judge on Wednes- brokered with federal money manager of billion- day did not unseal the prosecutors. A lawyer for aires, is currently serving deal that money manager The Palm Beach Post also an 18-month sentence in Jeffrey Epstein of Palm has joined in the request. the Palm Beach County Beach struck with fed- "Ilk a secret agree- Stockade after pleading eral prosecutors to avoid ment. A secret, sweetheart guilty nearly a year ago chairs, opting instead agreement," said former in state court to felony to give Epstein lawyers Circuit Judge Bill Berger, solicitation of prostitution a chance to who now represents some and procuring teenagers demonstrate of the women. for prostitution. why it should "Everybody was in The saga began years remain hid- on this deal except the ago when the Palm Beach den from victims and the public," Police Department began public view. Berger said. "The public investigating whether Circuit should be outraged it has young woolen were be- Judge Jeff Epstein gone as far as it has." ing brought to Epstein's Colbath ac- A second attorney mansion on El Brillo Way knowledged at a hearing representing the women, to massage him and have that Epstein's deal was not Brad Edwards, has seen sex with him in exchange sealed in state court in ac- the sealed document. A for money. cordance with the rules. federal judge allowed him Epstein§ attorneys, "I don't see where any and his clients to view it, in federal filings, have of the procedures were but not to discuss its con- referred to sealed docu- ever followed," he said. tents. ments as a deferred pros- Colbath has given Edwards said the ecution agreement with Epstein% defense attorney, women were "outraged" at federal prosecutors and Jack Goldberger, an op- what had been negotiated have called it "unprec- portunity to argue that the without their knowledge. edented" and "highly document was properly A reporter asked Edwards unusual." sealed and asked lawyers if he thought Epstein re- Goldberger said his cli- to submit briefs to him by ceived special treatment ent has not received any Friday. Colbath also set a by federal prosecutors. special treatment. full hearing for June 25. "Are you kidding? It's e Susan_spencer_ Attorneys for young transparent. Certainly no wendel@pbpost.com EFTA00233589 THE PALM BEACH POST • WEDNESDAY. RAE 10, 2009 Women want sex plea deal unsealed Their attorneys will ask a judge to open Jeffrey Epstein's records. By SUSAN SPENCER-WENDEL Palm Beach Past Ste Weiler WFSC PALM BEACH - When wealthy money manager Jeffrey Epstein of Palm Beach pleaded guilty last year to pro- curing teehs for prostitution, his case detoured around local and state rules regarding the sealing of court documents. At a plea conference on the state charges, a judge, a defense lawyer and a pros- ecutor huddled at the bench and decided that a deal Epstein Epstein had struck with federal prosecute tors to avoid charges should be sealed, according to a transcript of the hearing. And so it was. But Florida rules of judicial adniin- istration, as well as rules of the Palm Beach County court system, require public notification that a court document has been or will be sealed, meaning kept from public view The rules also require a judge to find a significant reason to seal, See EPSIEIN, 4A II. See past coverage of Jeffrey Epstein's sex scandals. PannBeachPost.com/epstein. EFTA00233590 Public has right to know details of deal, Post attorney will claim IIP• EPSTEIN from IA practice and representing torney Lanna Belohlavek one of the women, approached Pucillo in such as protecting a trade The Palm Beach Post also a sidebar conference. secret or a compelling gov- will ask Colbath to unseal Pucillo, who had left the ernment interest. the agreement. Post attont bench nine years earlier, Yet no notification ney Deanna Shullman will was filling in temporarily or reason occurred in argue that the public has a as a senior judge. Epstein case, according right to know the specifics According toa transcript, to court records. of Epstein deal. Goldberger told Pucillo that Epstein own attorneys. According to various Epstein had entered a con- in federal filings, have media accounts, Epstein fidential agreement with referred to his confiden- moved in circles that in- the US. attorney's office tial deferred prosecution cluded President Clinton, in which federal prosecu- agreement with the US. Donald Trump and Prince tors brokered not pursuing attorneyk office, struck in Andrew. "International charges against him if he September 2007, as "un-. Moneyman of Mystery" de- pleaded guilty in state precedented" and "highly clared a 2002 New York mag- court Pucillo then said she unusual." And it was "a azine profile of Epstein. wanted a sealed copy of the significant inducement" Epstein, 56, is in the agreement filed in his case, for Epstein to . accept the Palm Beach County Stock- and Goldberger concurred state§ deal, observed the ade, serving an 18-month that he wanted it sealed. state judge who accepted sentence after pleading Belohlavek later signed off his plea, County Judge guilty nearly a year ago on it. Deborah Dale Pucillo. to felony solicitation of The Florida Sunl it& Epstein now faces at prostitution and procuring Court has expressed "seri- least a dozen civil lawsuits teenagers for prostitution. ous concerti' and launched in federal and state courts He is allowed out from 7 an all-out inquiry into seal- filed by young women who a.m. to 11 p.m., escorted by ing procedures across the said they had sex with a deputy, said Palm Beach state following media re- him and now are seeking County Sheriff's Office ports in 2006 of entire cases dam spokeswoman 'Teri Barbera. being sealed and disappear. Attorneys for some of During a Palm Beach ing from court records. those women want his Police Department in- "The publick constitu- agreement with federal vestigation, five victims tional right of access to court prosecutors unsealed and and 17 witnesses gave records must remain invio- will ask Circuit Judge Jef- statements. They told of late, and this court is fully frey Colbath to do so today. young women brought by committed to safeguarding "It is against public his assistants to Epstein this right," justices wrote in policy for these documents mansion on El Brillo Way their final report to be have been sealed and for massages and sexual Epstein's office on hidden from public scrutiny. activity, and then being Thesday referred any As a member of the public, paid afterward. questions to Goldberger, E.W. has a right to have At Epstein's plea confer- who declined to comment. these documents unsealed," ence last year, his attorney, Pucillo also has declined wrote former Circuit Judge Jack Goldberger, and to comment. Bill Berger, now in private then-Assistant State At- esusan_spencer we deliapbpost.com EFTA00233591 THE PAI M BEACH POST • iHURSDAY. JULY 2.2009 METRO REPORT 11InT WEST PALM BEACH —An appellate court on Wednesday granted financier Jeffrey Epstein's request to block the unsealing of his non-prosecution agreement with the U.S.Attomey's Office while the court consid- ers his appeal. A circuit judge had ordered the release of the documents, but Epstein% attorney argued that it would cause "ir- reparable harm." Attorneys for women now suing Epstein and for The Palm Beach Post sought the documents' release. The Fourth District Court of Appeal blocked the unsealing while both sides present legal arguments and the court considers them. Epstein pleaded guilty last year to solicita- tion of prostitution and procuring teenagers for prostitution. EFTA00233592 mrh- THE PALM BEACH POST • FRIDAY, JULY-10,2009 EPSTEIN SEX PARTNER LOSES LAWSUIT AGAINST NEWSPAPER Pervy Palm Beach moneybags Jeffrey $100 million because, in 2007, the paper outed her as Epstein, who at the tail-end of his 18- a transgender person (boy to girl) and, she claimed, month sentence for solicitation of prostitu- made her look like "a promiscuous slut" The paper tion, is the talk of the legal world again. quoted her *Space page as saying she fantasized One of the young girls he invited up for about being with multiple partners. A New York appel- strange sex when she was 16 lost her late court sided with the tabloid, saying that Cordero defamation lawsuit against The New York herself gave the public the reasonable impression of Epstein Post last week. Ava Cordaro was asking for promiscuity. Ya think? Got a news tip? Call Jose at (5611820-4725 or e-mail jose_lamblet@pbpostoom EFTA00233593 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DOCKETING STATEMENT AND NOTICE OF APPEARANCE OF COUNSEL (Revised as of May 1, 2001) The Court requires the following information in order to facilitate disposition of the case. APPELLANT/PETITIONER: If this case involves an original writ, is an appeal of a non-final order or Is a case involving child custody, this docketing statement must be completed and returned within five days. In all other cases, the appellant must file the docketing statement within 20 days from the dale of the acknowledgment of the notice of appeal. APPELLEE/RESPONDENT: Is not required to file a docketing statement unless there are amendments, corrections or additions to the docketing statement filed by the appellant/petitioner. Appellee/respondent is only required to file a notice of appearance if counsel's name does not already appear on the certificate of service. Appellee's/respondent's docketing statement, if necessary, is due within 5 days from service of the appellant's/petitioner's docketing statement. PLEASE PROVIDE THE FOLLOWING INFORMATION: DOCKETING STATEMENT OF: (CHECK ONE) APPELLANT/PETITIONER ✓ APPELLEE/RESPONDENT 1. STYLE OF CASE DCA CASE LOWER COURT NUMBER CASE NUMBER Jeffrey EpsteinI. State of Florida 4D09-2554 2008 CF 009381A 2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT (If party is not represented by counsel, party should so indicate and provide accurate mailing address and phone number). Name See attached. Bar Number Address Attorney For Phone Number Fax Number 2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) Name See attached. Bar Number Address Attorney For Phone Number Fax Number 3. INTERESTED PERSONS: List names of all persons or entities having an interest in this matter. Please clarify whether these persons or entities are parties, lawyers or otherwise, and as to parties, designate whether appellant or appellee. See attached. EFTA00233594 4. JUDGES BELOW: List the name of all judges, deputy commissioners and hearing officers/examiners who were involved in this action below. Specify the judge who entered the order appealed. Honorable Jeffrey J. Colbath (entered order appealed) 5. JURISDICTION: State the basis for this court's jurisdiction; including the following: (1) the appellate rule providing jurisdiction claimed 9.100(c)(1) and 9.140(b)(1)(D); (2) the date of filing in the lower tribunal of the order appealed June 25. 2009 ; (3) if this is an appeal from a final order, the date of the return of verdict in a jury action N/A ; the service date of any Fla. R. Civ. P. 1.530 motion N/A and the date of entry of the order deciding such motion N/A 6. PENDING MATTERS IN LOWER TRIBUNAL: Are there any matters, including counts of claims or counterclaims, still pending in the lower tribunal? If yes, please explain exactly what remains pending. Not in the criminal case. There are civil cases pending against Mr. Epstein. 7. CURRENT AND PRIOR PROCEEDINGS IN THIS COURT: List by style and case number of this court, all cases which are or have been pending before this court involving issues arising from the same lower tribunal case and the current status of same: None. Criminal appeals: List by style and case number of this court all co-defendants currently or previously on appeal to this court. None. Similar Issues: List by style and case number of this court, all cases which are or have been pending before this court which are related to this action or which involve an issue which will be similar or determinative to the issue in this case on appeal. E.W. I Epstein Case No. 4D09-2409. If you become aware of appeals filed subsequent to the submission of this docketing statement involving a co-defendant in a criminal case, the same controversy or parties, or substantial similar issues, please file an amended response to this question. 2 EFTA00233595 8. Court Transcript: Do you intend to order any portion of the transcript for the appeal? Yes No ✓ If yes, have all arrangements been made for its preparation? Yes No If yes, date ordered If no, why not? Already filed with court. Estimated date of completion: Estimated number of pages: Name and address of court reporter(s): 9. CUSTODY STATUS IN CRIMINAL APPEALS: Is the appellant in custody and serving a sentence imposed as a result of a conviction which is the subject of this appeal? ves If so, state the length of the sentence imposed. 18 months fail followed by 12 months community control 10. ISSUES: If this case involves the determination of the constitutionality of a statute, cite the statute involved. N/A Please state in short form the anticipated issues raised. For example, on criminal issues: denial of motion for judgment of acquittal, denial of motion to suppress evidence, error in sentence; on civil issues, award of alimony, error in valuation of assets for equitable distribution, error in determining contract damages; error in admission of hearsay at trial. Error in unsealing confidential federal non-prosecution agreement and addendum. 11. TYPE OF CASE: PLACE A CHECK BY THE MOST APPROPRIATE TYPE OF CASE: A. Civil 1. Domestic Relations - divorce, child custody, paternity or support 2. Child dependency 3. Adoption/Termination of Parental Rights 4. Professional Malpractice 5. Products Liability 6. Negligence 7. Contract or Indebtedness 8. Condominium - rules violations, developer suits 9. Foreclosure - mortgage, lien 10. Inmate Appeal - gain time, rule challenges, disciplinary action 11. Attorney's Fees 12. All others - specify 3 EFTA00233596 B. Criminal 1. Direct Appeal - judgment and sentence 2. Direct Appeal - sentence only 3. Direct Appeal - juvenile 4. Collateral Attack - (Rule 3.850 or habeas corpus) - judgment and sentence 5. Collateral Attack - (Rule 3.800, Rule 3.850 or habeas corpus) - sentence only 6. Collateral Attack - juvenile 7. Appeal by the State 8. All Others - specify unsealing of confidential federal non-prosecution agreement C. Administrative 1. Department of Professional Regulation 2. Unemployment Appeals Commission 3. Rule Challenge - specify agency 4. All others - specify Certificate of Service I certify that a copy hereof has been furnished by mail this 6444.- day mail/hand delivery/fax of July , 2009, to: See attached. ignaat i a."-A4a JANE KREUSLER-WALSH (Print Name) 4 EFTA00233597 2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT JANE KREUSLER-WALSH BARBARA J. COMPIANI LA..1111.171 JUI I ROBERT D. CRITTON MEE JACK A. GOLDBERGER Counselor petittoner EFTA00233598 2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) WILLIAM J. BERGER ounsel or non-party intervener, DEANNA K. SHULLMAN Counsel for non-party intervener, Palm Beach Newspapers d/b/a The Palm Beach Post SPENCER T. KUVIN Counsel for non-party intervener, B.B. JUDITH STEVENSON ARCO H Counsel for respondent, State of Florida JEFFREY H. SLOMAN EFTA00233599 3. INTERESTED PERSONS: Judith Stevenson Arco of State Attorney's Office--West Palm Beach (counsel for respondent, State of Florida) B.B. (non-party intervener) William J. Berger of Rothstein Rosenfeldt Adler (counsel for non-party intervener, E.W.) Honorable Jeffrey J. Colbath (circuit court judge) Barbara J. Compiani of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Robert D. Critton of Burman, Critton, Luttier & Coleman (counsel for petitioner) Jeffrey Epstein (petitioner) Jack A. Goldberger of Atterbury, Goldberger & Weiss, P.A. (counsel for petitioner) Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Spencer T. Kuvin of Leopold-Kuvin, P.A. (counsel for non-party intervener, B.B.) Honorable Kenneth A. Marra (judge, Southern District of Florida) Palm Beach Newspapers d/b/a The Palm Beach Post (non-party intervener) Deanna K. Shullman of Thomas, Locicero & Bralow, P.L. (counsel for non-party intervener, The Palm Beach Post) U.S. Attorney--southern Uistnct EFTA00233600 State of Florida (respondent) E.W. (non-party intervener) EFTA00233601 CERTIFICATE OF SERVICE JUDITH STEVENSON ARCO ATTORNEY'S STATE ATTORNEY'S OFFICE SOUTHERN DISTRICT 401 North Dixie Highway West Palm Beach, FL 33401 WILLIAM J. BERGER DEANNA K. SHULLMAN ROTHSTEIN ROSENFELDT ADLER THOMAS, LOCICERO & BRALOW, P.L. SPENCER T. KUVIN ROBERT D. CRITTON LEOPOLD-KUVIN, P.A. BURMAN, CRITTON, LUTTIER & COLEMAN JACK A. GOLDBERGER ATTERBURY, GOLDBERGER & WEISS, P.A. EFTA00233602 , ES P0S/4 KREUSLER-WALSH, Zwee= awn COMPIANI & VARGAS, P.A. ar Sam a r • S PITNEY DOWER, 02 1P $ 000.61° 0004162054 JUL 08 2009 MAILED FROM ZIP CODE 33401 11111111 JEFFREY H. SLOMAN U.S. Attorney's Office-Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 S.S-14-45:623S '0023 11111111111111,111 11111,11,11i111t1111f11111lI 1111 EFTA00233603 Fourth District Court of Appeal 1525 Palm Beach Lakes Blvd. West Palm Beach, Florida 33401 (561)-242-2000 ACKNOWLEDGMENT OF NEW CASE DATE: July 1, 2009 STYLE: JEFFREY EPSTEIN 1. STATE OF FLORIDA 4DCA#: 4D09-2554 The Fourth District Court of Appeal has received the Petition reflecting a filing date of 7/1/09 The county of origin is Palm Beach. The Iowa tribunal case number provided is 200980;009381A The filing fee is Paid In Full - $300. Case Type: Certiorari Criminal The Fourth District Court of Appeal's case number must be utilized on all pleadings and correspondence filed in this cause. Moreover, ALL PLEADINGS SIGNED BY AN ATTORNEY MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER. Please review and comply with any handouts enclosed with this acknowledgment. RECEIPT JEFFREY EPSTEIN I. STATE OF FLORIDA 4DCA#: 4D09-2554 Receipt # R2009-1015476 Method of Payment: CK Check # 25986 PAYER: Jane Kreusler-Walsh Filing Fee: $300.00 Total: $300.00 EFTA00233604 cc: Barbara J. Compiani Jack A. Goldberger Robert D. Critton, Jr. Jane Kreusler-Walsh State Attorney-P.B. U.S. Attomey'S Office Deanna K. Shullman Spencer T. Kuvin William J. Berger Hon. Jeffrey J. Colbath EFTA00233605 DISTRICT COURT OF APPEAL FOURTH DISTRICT 017H15532992 O rr 1525 PALM BEACH LAKES BLVD. -J 50.442 WEST PAUA BECK FLORIDA 33401 :V51 0, .O 07101/2009 Mceled From 33401 CK 4D09-2554 U.S. Attorney'S Office Southern District 500 South Australian Avenue Suite 400 West Palm Beach, FL 33401 3340i-1-S23S )AmILAMH EFTA00233606 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401 July 1, 2009 CASE NO.: 4D09-2554 L.T. No. : 20098CF009381A JEFFREY EPSTEIN STATE OF FLORIDA Appellant / Petitioner(s), Appellee / Respondent(s). BY ORDER OF THE COURT: ORDERED that the motion to file under seal is granted. ORDERED FURTHER that this court grants the Motion to Use One Appendix to Support the Emergency Petition for Writ of Certiorari and Emergency Motion to Review Denial of Stay. ORDERED FURTHER that this court grants petitioners Emergency Motion to Review the Order June 26, 2009, that denies the motion for stay. The June 25, 2009, order granting the motion to unseal is stayed pending further order of this court. ORDERED FURTHER that within ten (10) days of this order respondent shall show cause why the petition should not be granted. Respondent shall address this court's jurisdiction to review the order as well as the merits of the petition. ORDERED FURTHER that petitioner may have ten (10) days thereafter to reply. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Sharon R. Bock, Clerk Barbara J. Compiani Jack A. Goldberger Robert D. Critton, Jr. Jane Kreusler-Walsh U.S. Attorney's Office Deanna K. Shullman Spencer T. Kuvin William J. Berger Hon. Jeffrey J. Colbath dl A anters StiSordelen ARILeYN BEUTTENMULLER, Clerk Fourth District Court of Appeal EFTA00233607 DISTRICT COURT OF APPEAL Fougm Disna C17?-:15532992 1525 PMM BEACH LAKES DSO. K WEST PALIA BEACH, FLORIDA 33401 $0.44Q 07/0112009 US POSTAGE NIZtle0 From 33/10 i DL 4D09-2554 U.S. Attorney'S Office Southern District 500 South Australian Avenue Suite 400 West Palm Beach, FL 33401 " EFTA00233608 IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT OF FLORIDA CASE NO. 4D09-2554 JEFFREY EPSTEIN, Petitioner, VS. STATE OF FLORIDA, PALM BEACH NEWSPAPERS, INC., E.W., and B.B., Respondents. Pending in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case Nos. 2006 CF 9454AMB, 2008 CF 9381 AMB PALM BEACH NEWSPAPERS, INC. d/b/a THE PALM BEACH POSTS RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LoCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, Florida 33301 EFTA00233609 TABLE OF CONTENTS TABLE OF AUTHORITIES INTRODUCTION 1 JURISDICTION 2 NATURE OF THE RELIEF SOUGHT 2 STATEMENT OF THE CASE AND FACTS 3 SUMMARY OF THE ARGUMENT 7 ARGUMENT 8 I. STANDARD OF REVIEW. 8 II. THE TRIAL COURT CORRECTLY UNSEALED THE NPA. 8 A. The NPA was not Properly Sealed in the First Instance. 8 1. Closure of the Non-Prosecution Agreement Improperly Occurred without a Motion, Notice, Hearing, or a Proper Order. 11 2. Closure of the Addendum Improperly Occurred without any Procedures to Protect the Right of Access at all. 12 B. No Basis Exists for Current Closure of the Non-prosecution Agreement or Its Addendum. 13 1. Petitioner Cannot Identify a Rule 2.420(cX9) Interest that Warrants Closure. 16 2. The Federal Court's Decisions in Case No. 08-80736 (S.D. Fla. 2008) Did Not Preclude the Lower Court's Orders Unsealing the NPA. 19 3. Federal Rule of Criminal Procedure 6 Did Not Preclude the Lower Court's Orders Unsealing the NPA 21 CONCLUSION 25 CERTIFICATE OF SERVICE 26 EFTA00233610 TABLE OF AUTHORITIES Federal Cases Craig I Harney, 331 U.S. 367 (1947) 8 Doe,. Hammond 502 F. Supp. 2d 94 (D.D.C. 2007) 24 In re Grand Jury Investigation of Ven-Fuel, 441 F. Supp. 1299 (M.D. Fla. 1977) 23, 24 Lockhead Martin Corp. I. Boeing Co., 393 F. Supp. 2d 1276 (M.D. Fla. 2005) 23 Oregonian Publishing Co.'. United States District Court, 920 F.2d 1462 (9th Cir. 1990) 9 U.S. I Rosen, 471 F. Supp. 2d 651 (E.D. Va. 2007) 23 United States'. Kooistra, 796 F.3d 1390 (11th Cir. 1986) 9 State Cases Anderson I E.T., 862 So. 2d 839 (Fla. 4th DCA 2003) 8 Barron'. Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla. 1988) 10 Combs State 436 So. 2d 93 (Fla. 1983) 8 Doe I Museum of Science and History of Jacksonville. Inc., Case No. 92.32567, 1994 WL 741009 (Fla. 7th Jud. Cir. June 8, 1994) 17 Fla. Sugar Cane League. Inc. I Fla. Dept. of Envtl. Reg., Case No. 91-2108 (Fla. 2d Jud. Cir. Sept. 20, 1991) 22 Hous. Auth. of the City of Daytona Beach,. Gornillion, 639 So. 2d 117 (Fla. 5th DCA 1994) 21 In re Amendments to Florida Rule of Judicial Administration 2.420 954 So. 2d 16 (Fla. 2007) Sarasota Herald Tribune. Div. of the New York Times Co.'. Holtzendorf, 507 So. 2d 667(Fla. 2d DCA 1987) 9 Sarasota-Herald Tribune I State, 924 So. 2d 8 (Fla. 2d DCA 2006) 2 Sentinel Communications Co. I Watson, 615 So. 2d 768 (Fla. 5th DCA 1993) 9 Wallace I. Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997) 21 ii EFTA00233611 Other Authorities Fla. Const. Art. I, § 23 18 Fla. Const. Art. I, § 24 2 Fla. R. App. P. 9.100(d) 2 Fla. R. Jud. Admin. 2.420 18 iii EFTA00233612 INTRODUCTION This appeal concerns attempts to thwart public scrutiny of how government responded to the prostitution of children in Palm Beach County. In the order at issue below, the trial court correctly unsealed a non-prosecution agreement and its addendum. A predecessor judge found that the agreement significantly induced Petitioner to accept a plea agreement that allowed him to serve 18 months in jail for luring children to his Palm Beach mansion for "massages" or sexual activity. At the time that the non-prosecution agreement and its addendum (collectively "the NPA") were accepted for filing, no basis for closure was asserted or found. Thus, the NPA was not properly sealed, and the prior closure order was properly vacated. Moreover, no basis currently exists for closure, and the pending petition — like Petitioner's filings below — contain nothing more than unsubstantiated assertions that confidentiality is required. Thus, continued closure is not warranted. Certainly unsealing the documents was not such a clear departure from the essential requirements of law as to warrant certiorari relief. Consequently, the pending petition must be denied. In addition, this Court should exercise its inherent authority under Rule 9.410 of the Florida Rules of Appellate Procedure to sanction Petitioner for his frivolous and bad faith attempts to cloak the resolution of the criminal charges 1 EFTA00233613 against him in secrecy by awarding to Respondent, Palm Beach Newspapers, Inc. d/b/a The Palm Beach Post ("the Post") its attorneys' fees and costs in responding to this petition. JURISDICTION The Post adopts Respondent E.W.'s statement concerning jurisdiction. Insofar as this Court finds jurisdiction, the Post requests that this Court expedite its consideration of this matter, so as to remedy the denial to date of the public's and press's constitutional and common law rights of access. Art. I, § 24, Fla. Const.; Fla. R. App. P. 9.100(d); Sarasota-Herald Tribune'. State, 924 So. 2d 8, 11 (Fla. 2d DCA 2006) (rule 9.100(d) permits "expedited" review of orders excluding the press). NATURE OF THE RELIEF SOUGHT The Post asks this Court to deny the pending petition and to let stand the circuit court's Orders dated June 25, 2009 and June 26, 2009, which unsealed the NPA, and directed the Clerk of Court in and for the Fifteenth Judicial Circuit of Florida to release these records to the public.' Petitioner has sought review of the June 26, 2009 Order by motion rather than by petition for writ of certiorari. Though the June 26 Order does address the matter of Petitioner's request for stay, the order also directs the Clerk of Courts to release the records, review of which should have been sought by certiorari. 2 EFTA00233614 STATEMENT OF THE CASE AND FACTS This proceeding concerns the public's constitutional and common law rights of access to records crucial to the disposition of criminal charges against Petitioner Jeffrey Epstein. Specifically, Petitioner seeks review of two orders unsealing a non-prosecution agreement and its addendum (collectively the "NPA"), which are records of the trial court below. State I Epstein, Case Nos. 06 CF9454AMB, 08 CF938 1 AMB. Petitioner was investigated by the State of Florida for felony solicitation of children for prostitution. (A-7 at p. 3, I. 15 — p. 4,1. 4; A-8.) The victims allege Epstein brought and paid teenage girls to come to his home for sex and/or "massages." (A-11 at ¶ 6 and n. 1.) Epstein's minor victims are numerous (A-7 at p. 20, II. 13-18) and the case drew attention of the highest-ranking law enforcement officials in Palm Beach County. Frustrated during the course of the investigation, Police Chief even penned a letter to State Attorney Barry Krischer, calling his office's handling of the investigation "highly unusual" and suggesting that he disqualify himself from the case if the state would not act (A-11 at ¶ 6; A- 18 at p. 36,11. 7-142.) A federal investigation of Epstein's conduct as it relates to soliciting children for prostitution ensued. 2 References to "A-" are to Petitioner's Appendix. 3 EFTA00233615 Then abruptly, in June 2008, Epstein pleaded guilty in the trial court below to felony solicitation of minors for prostitution, was designated a Sexual Offender pursuant to Florida law, and was sentenced to 18-months jail and community control. (A-8.) Before accepting the terms of his state plea, Epstein entered into a non-prosecution agreement with federal prosecutors. (A-7 at p. 38,11. 9-18.) The non-prosecution agreement and its addendum were filed under seal in the lower court on July 2, 2008 and August 25, 2008, respectively.3 According to Epstein's lawyers (and presumably the NPA itself), taking the state plea was a condition of the NPA. (A-7 at p. 38,11. 13-18.) The NPA is invalidated if Epstein fails to fulfill the obligations of the state plea deal (A-7 at p. 38, 11. 22 - 25.) In accepting the state plea, the trial court viewed the NPA a "significant inducement in accepting" the plea and recognized that the NPA influenced the defendant to make the state plea. (A-7 at p. 39,11. 19-21; p. 40,11. 10-13.) In considering the plea at the hearing, the court requested a sealed copy of the non-prosecution agreement and asked whether Petitioner had signed it. (A-7 at 3 The NPA and its addendum were filed under seal in this Court on July 1, 2009. 4 The Post and its lawyers have not seen the NPA, though it was reviewed, in camera, by the trial court (A-19). 4 EFTA00233616 p. 40,11.4-6.) Epstein's lawyer indicated it was signed and interjected that he "would like to seal the copy." (A-7 at p. 40,11. 7-9.) Representatives from the U.S. Attorneys' Office were present at the hearing (A-7 at p. 39,11. 22-23) but stated no objection to fi ling the non-prosecution agreement in the state court file. Thereupon, without any further consideration, the trial court requested a sealed copy of the non-prosecution agreement. (A-7 at p. 40,11.9-10.) On July 2, 2008, without any further proceedings on the issue, the court entered an Agreed Order Sealing Document in Court File, which allowed Epstein to file the non-prosecution agreement that was attached to the Agreed Order under seal. (A-9.) By its terms, the closure order was limited to the non-prosecution agreement and did not include its addendum. The order makes no findings with respect to closure and never expires. (A-9.) The addendum was filed six weeks later, on August 25, 2008, without any further order of the Court with respect to closure. Since Epstein pleaded guilty to soliciting a minor for prostitution, he has been named in at least 12 civil lawsuits that — like the charges in this case — allege Epstein lured teenage girls to his Palm Beach mansion for sex and/or "massages." (A-1)5 At least 11 cases are pending. In another lawsuit, one of the Epstein's Epstein, Case No. 08-80069 (S.D. Fla. 5 See also A-11 at ¶ 6 (citing Doe I 2008); Doe No. 2 I Epstein, Case No. 08-80119 (S.D. Fla. 2008); Doe No. 3. Epstein, Case No. 08-80232 (S.D. Fla. 2008); Doe No. 4. I. Epstein, Case No. 08- (Footnote continued on next page) 5 EFTA00233617 accusers has alleged that federal prosecutors failed to consult with her regarding the disposition of possible charges against Epstein. (A-1; A-18 at p. 22,1. 20 — p. 23,1. 15.)6 Given the important public interest in this matter, on June 1, 2009, the Post moved to intervene below for the purpose of obtaining access to the NPA. The Court granted the Post's motion to intervene on June 10, 2009 (Supp.A.-1 at 1.)7 The trial court granted the Post's petition for access on June 25, 2009 (A-16, A-18) and on June 26, 2009 denied Epstein's motion for stay and directed the clerk to release the records at noon on Thursday, July 2, 2009. (A-17, A-19.) Epstein's emergency petition for writ of certiorari regarding the June 25, 2009 order and his emergency motion to review the June 26, 2009 order followed. 80380 (S.D. Fla. 2008); Doe No. 5 I Epstein, Case No. 08-80381 (S.D. Fla. 2008); C.M.A. I Epstein, Case No. 08-80811 (S.D. Fla. 2008); Doe I Epstein, Case No. 08-80893 (S.D. Fla. 2008); Doe No. 7 Epstein, Case No. 08-80993 (S.D. Fla. 2008); Doe No. 6 I Epstein, Case No. 08-80994 (S.D. Fla. 2008); Doe II I Epstein, Case No. 09-80469 (S.D. Fla. 2009); Doe No. 101 I Epstein, Case No. 09-80591 (S.D. Fla. 2009); Doe No. 102 I Epstein, Case No. 09-80656 (S.D. Fla. 2009); Doe No. 8 I Epstein, Case No. 09-80802 (S.D. Fla. 2009)). 6 See also (A-I I at 116) (citing In re: Jane Doe, Case No. 08-80736 (S.D. Fla. 2008)). 7 References to "Supp.A." correspond to the supplemental appendix filed by the Post simultaneous with this brief. 6 EFTA00233618 SUMMARY OF THE ARGUMENT Petitioner's initial filing of the NPA under seal was achieved without any regard for the public's constitutional, statutory and common law rights of access. Florida law flatly prohibits the standardless permanent closure that was achieved in this case. The public has a right to know what transpires in its courtrooms generally and in particular has an interest in understanding how the resolution of this highly unusual prosecution occurred. Moreover, no present basis for closure exists. Petitioner has not shown — and cannot show — that continued closure is proper. Instead, he has made conclusory assertions and relied on red herrings in attempting to keep the public from understanding how government responded to his solicitation of children to perform sex acts. The trial court, having reviewed the records in camera, saw through Petitioner's flimsy arguments. The trial court did not depart from the essential requirements of law in ordering the records unsealed. 7 EFTA00233619 ARGUMENT I. STANDARD OF REVIEW. The standard of review for a petition for writ of certiorari is whether the trial court departed from the essential requirements of law. See Combs State, 436 So. 2d 93, 95 (Fla. 1983); Anderson E.T., 862 So. 2d 839, 840 (Fla. 4th DCA 2003). II. THE TRIAL COURT CORRECTLY UNSEALED THE NPA. The NPA was neither properly sealed in the first instance nor is properly sealed at present. The trial court did not depart from the essential requirements of law in unsealing the records. A. The NPA was not Properly Sealed in the First Instance. The NPA — a significant inducement to Petitioner's acceptance of the plea — was accepted for filing under seal without any deference to the public's right of access to court records. Such standardless closure cannot withstand scrutiny. Florida has traditionally served as a model for open government and courts. It is well-settled in Florida that "[a] trial is a public event [and] [w]hat transpires in the court room is public property." Miami Herald Publ'g Co. I. Lewis, 426 So. 2d 1, 7 (Fla. 1982) (quoting Craig'. Harney, 331 U.S. 367, 376 (1947)). When considering a request to seal judicial records, this Court's "analysis must begin 8 EFTA00233620 with the proposition that all civil and criminal court proceedings are public events, records of court proceedings are public records and there is a strong presumption in favor of public access to such matters." Sentinel Communications Col. Watson, 615 So. 2d 768, 770 (Fla. 5th DCA 1993). Indeed, the people of this State added Article I, Section 24 to the Declaration of Rights in the Florida Constitution to make clear that the right of access to the records of all three branches of government is of constitutional magnitude. All citizens possess the right to "inspect or copy" such records. Plea agreements and related documents typically are public record. See Oregonian Publishing Co... United States District Court, 920 F.2d 1462, 1465 (9th Cir. 1990) ("plea agreements have typically been open to the public"); United States . Kooistra, 796 F.3d 1390, 1390-91 (11th Cir. 1986) (documents relating to defendant's change of plea and sentencing could be sealed only upon finding of a compelling interest that justified denial of public access). Florida law likewise recognizes a strong public right of access to documents a court considers in connection with sentencing. See Sarasota Herald Tribune, Div. of the New York Times Co. I. Holtzendorf, 507 So. 2d 667, 668 (Fla. 2d DCA 1987) ("While a judge may impose whatever legal sentence he chooses, if such sentence is based on a tangible proceeding or document, it is within the public domain unless otherwise 9 EFTA00233621 privileged."). Under Florida law, closure of judicial records is warranted only under very limited circumstances. In particular, the party seeking closure must demonstrate that: 1. restricting public access is necessary to prevent a serious and imminent threat to the administration of justice; 2. no alternatives, other than a change of venue, would protect the defendant's right to a fair trial; and 3. closure would be effective in protecting the rights of the accused, without being broader than necessary to accomplish this purpose. Miami Herald Publ'g Co. Lewis, 426 So. 2d 1, 6 (Fla. 1982). This test, as well as the standard announced in Barron I. Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla. 1988), was essentially codified in former Rule of Judicial Administration 2.051, now 2.420, which was applicable in both criminal and civil cases. Sarasota-Herald Tribune, 924 So. 2d at 11. In April 2007, the Florida Supreme Court adopted emergency amendments to Rule 2.420 in response to Florida media reports of hidden cases and secret dockets, a process that has come to be known as "super-sealing." In re Amendments to Florida Rule of Judicial Administration 2.420, 954 So. 2d 16 (Fla. 2007). In adopting the interim rule, the Florida Supreme Court confirmed its commitment to safeguarding the public's constitutional right of access to court 10 EFTA00233622 records, which the Court held "must remain inviolate." Id. at 17. By its terms, Rule 2.420 does not apply to criminal cases; however, later this year the Supreme Court will consider amendments to the rule that essentially seek to apply the standards applicable in civil cases to criminal ones. See In re Amendments to Florida Rule of Judicial Administration 2.420, Case No. 07-2050 (Fla. 2007). In the circuit below, however, the new Rule 2.420 procedures have been in effect since September 29, 2008. (Supp.A.-2.) In addition, the sealing of the NPA violated principles of Florida law established long before the amendments to Rule 2.420. Consequently, the unsealing of these documents was proper. 1. Closure of the Non-Prosecution Agreement Improperly Occurred without a Motion, Notice, Hearing, or a Proper Order. The non-prosecution agreement was sealed pursuant to an agreed order dated July 2, 2008 (A-9.) At the time, Fifteenth Judicial Circuit Administrative Order 2.032 applied to requests for closure of court records in the lower court. (Supp.A.-3.) The order requires a motion, notice, and a hearing, none of which occurred in this case. (Id. at Till — 3.) The order further provides that closure is proper only upon showing that the factors set forth in Lewis have been met (IL 4) and that "[t]he reasons supporting sealing the file must be stated with specificity in the order sealing the court record" (Id. at 115), neither of which occurred in this 11 EFTA00233623 case. Contrary to Petitioner's assertion (Petition at 13) neither this rule, nor the common law of Florida, nor the Florida constitution contemplates sua sponte closure of court records upon simple request of the Court or any party. Nor was the closure, in fact, sua sponte, as Epstein himself requested closure (A-7 at p. 40, 11. 7-9.) and admittedly filed the NPA in the court file under seal pursuant to an agreed order (A-18 at p. 11,11. 22-23). The agreed order (A-9) contains none of the findings required by Lewis or paragraph 5 of the Administrative Order. The closure order is invalid and was properly vacated. 2. Closure of the Addendum Improperly Occurred without any Procedures to Protect the Right of Access at all. With respect to the sealing of the addendum to the non-prosecution agreement, no procedures were put in place at all. The original non-prosecution agreement was attached to the July 2, 2008 agreed order, which allowed to be filed under seal the "attached document" only. (A-9.) It appears from the record that the addendum — which was not attached to the July 2, 2008 order but was filed six weeks later — was simply filed and accepted under seal without any order allowing for closure. Closure of the addendum was thus improper on that basis as well. The trial court properly unsealed these documents. 12 EFTA00233624 B. No Basis Exists for Current Closure of the Non-prosecution Agreement or Its Addendum. After the Post intervened, at a June 10, 2009 hearing on the issue of closure, the trial court asked Epstein's counsel about the Post's motion (A-11) specifically. Epstein's counsel replied: If the Post's position is the public has a right to acc — access this then there is a procedure in place and ultimately the Court has to conduct a hearing and do a balancing test where you look at whether there is some compelling government interest and that's going to require an evidentiary hearing. So I have no great objection to filing the Request for Closure and then having a hearing in front of the Court. (Supp.A.-1 at p. 3,1. 22— p. 4,1. 5.) Importantly, Petitioner's counsel did not assert that he had complied with these requirements, but that he would. The Court reset the hearing for June 25, 2009. Petitioner filed a Motion to Make Court Records Confidential (A-13) on June 11, 2009. In it, Epstein cited four reasons the NPA should remain under seal: 1. to prevent a serious and imminent threat to the administration of justices; 2. to protect a compelling government interest; 3. to avoid substantial injury to innocent 8 This assertion apparently has been abandoned by Petitioner, because his petition asserts that he has asserted three bases for confidentiality, and does not include this basis. Accordingly, it will not be addressed, except to make note of the fact that Epstein has not at any point in this proceeding identified a threat to the administration of justice, much less a serious and imminent threat. 13 EFTA00233625 third parties; and 4. to avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings sought to be closed. (A-13 at115.) The motion failed to explain how these interests were implicated, failed to address alternatives to closure, and failed to explain how closure would protect the interests. (A-13.) The lower court heard argument on June 25, 2009. The United States Attorneys' Office was provided notice of the hearing, but chose not to appear. (A- 18 at p. 7, II. 10-14.) In fact, the U.S. Attorney's Office has taken no position on this matter throughout the lower court proceedings and specifically informed counsel for E.W. that it had no position (A-18 at p. 7,11. 10-14.) At that hearing, the Court found that the proper procedures to initially seal the records were not followed and then heard argument from Epstein's counsel on his June 11, 2009 motion (A-13). Epstein's counsel consented to that procedure. (A-18 at p. 9,11. 16 -18.) The Judge held that neither the State, nor the U.S. Government, nor Epstein had shown why the NPA ought to remain confidential and ordered the records unsealed.9 (A-16.) 9 It is important to note that the State Attorney's Office appeared at the hearing for the limited purpose of objecting to the release of minor victim's names, which turned out to be a non-issue because the Court, having reviewed the documents in camera, determined that no victim's names were included in the documents (A-19 at p. 21,11. 14-19.) The federal government, as mentioned above, took no position (Footnote continued on next page) 14 EFTA00233626 The trial court did not depart from the essential requirements of law in unsealing the NPA. Administrative Order of the Fifteenth Judicial Circuit 2.303 applies to Petitioner's June 11, 2009 request to seal the records in this case. (Supp.A.-2.) That administrative order — consistent with Lewis and its progeny — applies Rule 2.420's standards to requests for closure of records in criminal proceedings in the Fifteenth Judicial Circuit. Any order authorizing closure must contain findings that one of the interests set forth in Rule of Judicial Administration 2.420(c)(9)(A) is met and that closure is no broader than necessary to protect that interest. (Supp.A.-2 at ¶ 4.); see also Lewis, 426 So. 2d at 3. Motions seeking closure must include a "signed certification by the party making the request that the motion is being made in good faith and is supported by a sound factual and legal basis." (Supp.A.-2 at11 1.) Epstein's initial oral request for closure failed to comply with the requirements of then-applicable law, and he has never presented a sound factual or legal basis for present closure. Consequently, unsealing the documents was fully consistent with the essential requirements of law. and did not appear at any of the hearings on this matter. Nor has either agency appealed the lower court's decision. 15 EFTA00233627 1. Petitioner Cannot Identify a Rule 2.420(c)(9) Interest that Warrants Closure. Though Epstein's belated written motion identified four interests set forth in Rule 2.420(c)(9) that purportedly warrant closure, he failed to explain — either in his motion or at the hearing — how any of them applied. Instead, Petitioner asserted closure was proper because these broad interests would be served by closure, principles of comity require closure, and because the records contain information protected from disclosure by Federal Rule of Criminal Procedure 6. Even though Petitioner now attempts to craft his arguments around the interests set forth in Rule 2.420(c)(9), the trial court cannot be said to have departed from the essential requirements of the law in holding that Epstein's burden had not been met. Epstein's petition asserts that closure is necessary to protect a compelling government interest because, he claims, the U.S. Attorneys' Office — who has been notified of these proceedings and has taken no position whatsoever — has a compelling interest in having the confidentiality provision of its contract with Mr. Epstein honored. See Petition at 15. Assuming such a provision exists (the Post has not seen the document), Petitioner is in no position to assert a compelling interest on the government's behalf, given its decision to take no position on the matter. If such an interest exists, the U.S. government is the party to assert it, and 16 EFTA00233628 it has specifically failed to do so. The trial court did not depart from the essential requirements of law in holding that Petitioner failed to demonstrate a compelling interest in closure. Epstein next asserts that closure is warranted to protect the interest of "innocent third parties" and identifies those third parties as Mr. Epstein's co- conspirators. (Petition at 15). Again, Mr. Epstein lacks standing to assert the interests of third parties. Doe'. Museum of Science and History of Jacksonville, Inc., Case No. 92-32567, 1994 WL 741009 (Fla. 7th Jud. Cir. June 8, 1994) (plaintiff lacks standing to assert privacy interest of third party, minor victims of sexual assault by defendant's former employee, who had been convicted) (copy attached at Supp.A.-4). In addition, even if the third parties Mr. Epstein identifies — his purported co-conspirators — were before the Court, they would have no privacy interest in matters pertaining to their criminal conduct. Post-Newsweek Stations, Florida, Inc.'. Doe, 612 So. 2d 549 (Fla. 1992) (Does, whose names were implicated in criminal prostitution scheme, had no right to privacy by virtue of their participation in a crime and thus their names could not be redacted from records provided to the public). Thus, the trial judge did not depart from the essential requirements of law in finding insufficient third-party interests to justify closure. 17 EFTA00233629 The third interest Epstein seeks to invoke is his own right to privacy. See Petition at 15. While Epstein actually does have standing to assert his own right to privacy, Florida law is clear that closure is only proper to protect a "substantial injury to a party by disclosure of matters protected by a common law or privacy right not generally inherent in the specific type ofproceeding sought to be closed." Ha. R. Jud. Admin. 2.420(c)(9)(A)(vi) (emphasis added). Epstein argues disclosure of a plea agreement is not generally inherent in a state court plea hearing See Petition at 16. That argument is absurd. Of course Epstein's plea agreement is generally inherent in his criminal prosecution. It is the very reason that prosecution ended, and as the lower court recognized in accepting the plea, it was a "significant inducement" to Petitioner to take the state's deal. (A-7 at p. 39, II. 19- 21.; p. 40,11. 10-13.) Moreover, Florida's constitutional right to privacy is expressly subordinate to the rights of Floridians to access the records of their government. To wit, Article I, § 23, which sets forth the right to privacy, further provides: "[t]his section shall not be construed to limit the public's right of access to public records and meetings as provided by law." Fla. Const. Art. I, § 23. As the Florida Supreme Court has recognized, the privacy amendment has not been construed to protect names and addresses contained in public records. Post Newsweek, 612 So. 18 EFTA00233630 2d at 552. The trial court, having reviewed the NPA in camera, certainly had an opportunity to assess whether a privacy interest not inherent in his criminal prosecution for felony solicitation of children for prostitution is implicated by the NPA. It cannot in good faith be argued that the trial court departed from the essential requirements of law in determining that no such privacy interest was implicated. 2. The Federal Court's Decisions in Case No. 08-80736 (S.D. Ha. 2008) Did Not Preclude the Lower Court's Orders Unsealing the NPA.1° Nor did the trial court's rejection of Petitioner's comity argument depart from the essential requirements of law. In the Southern District of Florida, one of the minor victims of Epstein filed a Petition for Enforcement of Crime Victim's Rights Acts (A-I)." The victim also asked the federal court to allow her to share the NPA with third parties (A-3). Judge Marra denied the motion, finding — as the U.S. Government had argued (A-4) — that the NPA was not a record of thefederal court. (A-6) ("First, as respondent points out, the Agreement was not filed in this 10 The Post adopts and incorporates E.W.'s arguments and analysis on this issue in addition to the arguments it sets forth herein. " The Post notes that A-3 through A-5 were not part of the record below. If the Court is inclined to consider these federal court pleadings, then in fairness it must consider those related pleadings which are attached hereto as Supp.A.-5 through Supp.A.-7 of the Post's Supplemental Appendix. 19 EFTA00233631 case, under seal or otherwise."). The federal court also declined to provide any relief from restrictions on the parties' use and dissemination of the discovery document without prejudice. (A-6 at p.2.) Petitioner argues that the Post should be required to seek relief in Judge Marra's court. He mischaracterizes the nature of the proceedings there. There is no document to unseal in Judge Marra's court. The NPA is not a record of that court, and thus any effort by the Post to obtain access to the NPA there would be futile, and any order requiring it be unsealed by the lower court herein does not conflict with any decision of the federal court. (A-16 at p.3.) In fact, when Judge Marra has been asked to seal records of his court that quote the NPA, he has refused to do so, and has required such records to be filed in the public court file (Supp.A.-5 through Supp.A.-7)12 Thus, though the NPA is not a record of the federal court, the federal court has rejected attempts to file portions of it under seal. As a result, portions of the NPA appear in the public court file in 12 Page 4 of Supp.A.-5 and paragraph 5 of Supp.A.-6, both publicly on file in the federal court, quote from the NPA. In addition, Epstein's own lawyers quoted extensively from the NPA in seeking to stay one of the civil suits against him. (A- 11 at 116; A-18, p. 35, I. 18 — p. 36,1. 1 (inc rporating by reference Supp.A.-5 through Supp.A-6 and Supp.A.-7 (C.M.A. I. Epstein, Case No. 08-cv-8081 I (S.D. Fla. 2008) at Dkt. 33 pp. 2-5)).) 20 EFTA00233632 the federal civil litigation against Epstein. (Supp.A-5 at p. 4; Supp.A.-6 at ¶ 5; Supp.A.-7 at pp. 2-5.) The proverbial cat is already out of the bag. Notwithstanding, the NPA is a record of this lower court. The lower court did not enter an order conflicting with Judge Marra's rulings (A-16 at p. 3 — expressly noting lack of conflict with Judge Marra's orders) and did not depart from the essential requirements of law in unsealing the NPA. 3. Federal Rule of Criminal Procedure 6 Did Not Preclude the Lower Court's Orders Unsealing the NPA.t3 Finally, unsealing the NPA did not conflict with federal law. Records available under state law are sealed by federal law only when federal law absolutely conflicts with state law and requires confidentiality of the records. The Supremacy Clause of the United States Constitution, Art. VI, U.S. Const., comes into play only when federal law clearly requires the records to be closed, and the state is clearly subject to its provisions. E.g., Wallace,. Guzman, 687 So. 2d 1351, 1353 (Fla. 3d DCA 1997) (exemptions to federal Freedom of Information Act do not apply to state agencies); Hous. Auth. of the City of Daytona Beach'. Gomillion, 639 So. 2d 117 (Fla. 5th DCA 1994) (Federal Privacy Act does not exempt from disclosure records of housing authority which are open for inspection 13 The Post adopts and incorporates E.W.'s arguments and analysis on this issue in addition to the arguments it sets forth herein. 21 EFTA00233633 under Florida Public Records Act); Fla. Sugar Cane League, Inc.'. Fla. Dept. of Envtl. Reg., Case No. 91-2108 (Fla. 2d Jud. Cir. Sept. 20, 1991), per curiam affirmed 606 So. 2d 1267 (Fla. 1st DCA 1992 (documents received by state agency in course of settlement negotiations to resolve federal lawsuit and confidential settlement agreement with U.S. Department of Justice open to inspection because federal law did not clearly require confidentiality) (Supp.A.-8.) Federal law imposes no such preemption of the Florida constitution and common law in this case. In particular, Federal Rule of Criminal Procedure 6(e) does not restrict access to the NPA. Federal Rule 6(e) restrains grand jurors, court reporters, government attorneys, interpreters and the like from disclosing matters occurring before the grand jury. Petitioner — apparently the former target of the grand jury — is none of these persons. His actions in filing the NPA under seal do not implicate Rule 6(e) no matter what information the NPA contains. The lower court's actions in unsealing the NPA likewise do not implicate Rule 6, because the lower court also is not restrained by Rule 6(e). Moreover, the information contained in the NPA does not constitute "matters occurring before the grand jury" within the meaning of Rule 6. The secrecy rule is limited to such matters for the purpose of "preventing targets of an 22 EFTA00233634 investigation from fleeing or tampering with witnesses or grand jurors, encouraging witnesses to appear voluntarily and speak fully and frankly, avoiding damage to the reputation of subjects or targets of the investigation who are not indicted, and encouraging grand jurors to investigate suspected crimes without inhibition and engage in unrestricted deliberations." Lockhead Martin Corp.'. Boeing Co., 393 F. Supp. 2d 1276, 1279 (M.D. Fla. 2005). The rule aims to "prevent disclosure of the way in which information was presented to the grand jury, the specific questions and inquiries of the grand jury, the deliberations and vote of the grand jury, the targets upon which the grand jury's suspicion focuses, and specific details of what took place before the grand jury." In re Grand Jury Investigation of Ven-Fuel, 441 F. Supp. 1299, 1302-03 (M.D. Fla. 1977). In other words, Rule 6 is implicated if disclosure would reveal secret inner workings of the grand jury. U.S. . Rosen, 471 F. Supp. 2d 651, 654 (E.D. Va. 2007). Disclosure of details of a government investigation that is independent of a parallel grand jury proceeding does not violate Rule 6. Id. Statements by a prosecutor's office about its own investigation, therefore, are not covered by the secrecy rule. Id. at 655. Likewise, the mere mention of other targets of an investigation does not implicate the grand jury secrecy rule. E.g., In re Interested Party, 530 F. Supp. 2d 136,140-42 (D.D.C. 2008) (government not prohibited by 23 EFTA00233635 Rule 6 from disclosing plea agreement and other materials); Doey. Hammond, 502 F. Supp. 2d 94, 99-101(D.D.C. 2007) (same). Moreover, "when the fact or document is sought for itself, independently, rather than because it was stated before or displayed to the grand jury, there is no bar of secrecy." In re Grand Jury Investigation of Ven-Fuel, 441 F. Supp. at 1304. Here, the Post seeks to review the NPA for its own intrinsic value, and not for the purpose of discerning what transpired before the grand jury now more than a year ago. It is clearly well within the public's right and interest to review the NPA, given the circumstances surrounding the investigation and prosecution of Petitioner as well as the civil claims by women who say Epstein sought to make them his child prostitutes. These facts clearly constitute a proper basis for unsealing these improperly sealed documents. Finally, and even assuming for a moment that the NPA contains grand jury information — which the Post doubts — when the grand jury's work has concluded, and the accused apprehended, the veil of secrecy no longer is necessary and safely may be lifted. In re Grand Jury Investigation of Ven-Fuel, 441 F. Supp. at 1303. Here, Petitioner has been convicted, and nothing in the record suggests the grand jury's work is ongoing. Consequently, no basis exists for finding that the trial court departed from the essential requirements of law. 24 EFTA00233636 CONCLUSION The trial court was correct in unsealing the non-prosecution agreement and its addendum. These materials were not properly sealed in the first instance. Moreover, Epstein has not and cannot provide any basis for closure at this juncture. The trial court did not depart from the essential requirements of law in unsealing the NPA. Its order should be affirmed, and the Post should be awarded its fees and costs and such other further relief as this Court deems proper. Respectfully submitted, THOMAS °CICERO & BRALO , PL D nna K. Shullman James B. Lake I•1 Attorneys for The Palm Beach Post 25 EFTA00233637 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to: Hon. Jeffrey Colbath, Palm Beach County Courthouse, 205 N. Dixie Highway, Room 11F, West Palm Beach, FL 33401; R. Alexander Acosta, United States Attorney's Office - Southern District, 500 S. Australian Ave., Ste. 400, West Palm Beach, FL 33401; Barbara Burns, Esq., State Attorney's Office - West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401; Jack Alan Goldberger, Esq., Atterbury Goldberger, et al.,■ Robert D. Critton, Esq., Burman, Critton, Luttier & Coleman, Jane Kreusler-Walsh, Esq., Spencer T. Kuvin, Esq., Leopold-Kuvin, nd Bradley J. Edwards, Esq. and William J. Berger, Esq., Rothstein Rosenfeldt Adler, 4 on this 10ffi day of July, 2009. 26 EFTA00233638 CERTIFICATE OF TYPE, SIZE AND STYLE Counsel for Petitioners certifies that this Petition is typed in 14 point (proportionately spaced) Times New Roman. 27 EFTA00233639 - Not an Official Document Page 1 of 11 Report Selection criteria Case ID: 502008CF009381AXXXMB Docket Start Date: Docket Ending Date: Case Description Case ID: 502008CF009381AXXXMB Case Caption: EPSTEIN, JEFFREY E Division: W - COLBATH Filing Date: Thursday , June 26th, 2008 Court: CF -FELONY Location: MB - MAIN BRANCH Jury: N-Non Jury Type: CF -FELONY Status: CLSD - CLOSED CASE Related Cases No related cases were found. Case_EventSchedule No case events were found. Case Parties Sea Expn • Assoc Type ID Name Date 2 JUDGE W COLBATH, JUDGE Aliases: none JEFFREY 3 I DEFENDANT 24167391 EPSTEIN, JEFFREY E Aliases: none 4 3 30-JUN- ATTORNEY 0262013 GOLDBERGER , ESQ, Aliases: none 2008 JACK A O_acket Entries http://courtcon.co.palm-beachnus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?b... 8/4/2009 EFTA00233640 - Not an Official Document Page 2 of I I Docket Book and Page No. Attached To: Docket Type Number 0000C - CASE INITIATED TIMELINESS RPT Filing Date: 26-JUN-2008 Filing Party: Disposition Amount: Docket Text none. 1 INFO - INFORMATION SHEET Filing Date: J26-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: ARISES FROM 2006CF009454AXX 1A AREC - ARREST RECORD Filing Date: 26-JUN-2008 iFiling Party: EPSTEIN, JEFFREY E L Disposition Amount: Docket Text: J none. 1B I Filing Date: TEXT - SEE DOCUMENT DESCRIPTION 26-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: ROUGH ARREST - NO PROBABLE CAUSE FILED 1C il WOAR - WAIVER OF ARRAIGNMENT Filing Date: 26-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: J FILED BY JACK GOLDBERG EVSCH HEARING EVENT SCHEDULED Filing Date: 27-JUN-2008 I 1 Filing Party: Disposition Amount: http://courtcon.co.palm-beach.fl.us/p1s/jiwpktpublic_gry_doct.ep_dktrpt_docket_report?b... 8/4/2009 EFTA00233641 - Not an Official Document Page 3 of 11 'Docket Text: none. 2 JDN - JUDICIAL NOTES Filing Date: 27-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET CASE FOR 6/30/08 @ 8:30 AM FOR STATUS CHECK EVHLD - EVENT HELD Filing Date: 30-JUN-2008 Filing Party: VEPSTEIN, JEFFREY E Disposition Amount: CR-DAMES. PLEAD & ADJ GUILTY AS CHARGE D. STIP/FOUND: SEXUAL OFFENDER. PBCJ 6 MOS W/CD FOR 1 DAY, TO RUN Docket Text: CONSECUTIVE W/06-945 4AXX. PBCJ SENTENC E FOLLOWED BY 12 MOS PROB. DEFT MUST REGISTER. AS A SEXUAL 1OFFENDE R W/IN 48 HRS OF RELEASE DNA SWAB. MER 2 A 1GUIL - JUDGMENT OF GUILTY Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E 'Disposition Amount: Docket Text: none. 2B FNGR - FINGERPRINTS Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 2C SORD - SENTENCE ORDER 1 Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (Docket Text: (none. 2D SORC - SENTENCE ORDER - CONTINUED Filing Date: j 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: I I http://courtcon.co.palm-beach.fl.us/pls/jiwpick_public qry_doct.cp_dktrpt_docket_report?b... 8/4/2009 EFTA00233642 - Not an Official Document Page 4 of II 'Docket Text: Inone. 2E Filing Date: 1 RITE - WAIVER OF RIGHTS 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 1 2F Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 2G GLSS - GUIDELINE SCORESHEET Filing Date: 30-JUN-2008 Filing Party: !EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 2H Filing Date: [ _OAFC - ORDER ASSESSING FEES/COST 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (JUDGE PUCILLO FOR MCSORLEY) IN THE AMOUNT OF $473.00 Docket Text: AS CONDS OF PROB. MER 3 AREC -(ARREST RECORD Filing Date: 01-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: RECOMMIT RCMIT - RECOMMITMENT 'Filing Date: 01-JUL-2008 Filing Party: Disposition Amount: Docket Text: none. CLSD - CLOSED CASE http://courteon.co.palm-beach.fl.us/p1s/jiwp/ek_public_qry_doct.cp_dktrpt_docket_report?b... 8/4/2009 EFTA00233643 - Not an Official Document Page 5 of 1 I 'Filing Date: 08-JUL-2008 Filing Party: Disposition Amount Docket Text: none. RCPT - RECEIPT FOR PAYMENT Filing Date: 14-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: A Payment of -$473.00 was made on receipt CFMB30200 From Docket Text: Bond ID: 00073142 4 ORD - ORDER Filing Date: 21-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE MCSORLEY) OF PROBATION..NUNC PRO TUNC 6/30/08 5 PROC - CRT REPORTER TRANSCRIPT OF Filing Date: 22-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: PLEA CONFERENCE, TAKEN 6/30/08 6 MOT - MOTION Filing Date: 04-DEC-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: TO CLARIFY SENTENCE TO CORRECT SCRIVENER'S ERROR Docket Text: FILED BY JACK GOLDBERGER 7 1 AGOR - AGREED ORDER Filing Date: 04-MAY-2009 Filing Party: JEPSTEIN, JEFFREY E Disposition Amount: (JUDGE COLBATH) THAT THE ORDER OF COMMUNITY Docket Text: CONTROL IS CORRECTED TO DELETE SPECIAL CONDITION #26 AND #27. 8 MOT - MOTION http://courteon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doctop_dktrpt_docket_report?b... 8/4/2009 EFTA00233644 - Not an Official Document Page 6 of I I Filing Date: 112-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (NONPARTY E.WS) TO VACATE ORDER SEALING RECORDS Docket Text: AND UNSEAL RECORDS. 9 ORSH - ORDER SETTING HEARING Filing Date: 15-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: SET FOR 5/29/09 RE:MOTION TO VACATE ORDER TO SEAL AND Docket Text: UNSEAL RECORD EVSCH - HEARING EVENT SCHEDULED Filing Date: 19-MAY-2009 Filing Party: Disposition Amount: Docket Text: none. 10 NOH - NOTICE OF HEARING Filing Date: 26-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET FOR 5/29/09 10:30 12 PONG - PLEA OF NOT GUILTY Filing Date: 29-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: linone. EVSCH - HEARING EVENT SCHEDULED Filing Date: 01-JUN-2009 Filing Party: Disposition Amount: NON PARTY E.W.'S MOTION TO VACATE ORDER SEALING Docket Text: RECORDS AND UNSEAL RECORDS EVCAN - EVENT http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?b... 8/4/2009 EFTA00233645 - Not an Official Document Page 7 of II IICANCELLED/SETTLED I Itting Date: 01-JUN-2009 !Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 11 RNOH - RE-NOTICE OF HEARING Filing Date: 01-JUN-2009 Filing Party: EPSTEIN JEFFREY E Disposition Amount: SETTING CASE FOR OTHER HEARING ON 6/10/2009 AT 10:30 AM FILED BY BRADLEY EDWARDS, ESQ. RE: NON PARTY E.W.'S Docket Text: MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS, HEARING SEET FOR 5/29/2009 IS CANCELLED 13 MOT - MOTION Filing Date: 03-JUN-2009 Filing Party: EPSTEIN, JEFFREY E !Disposition Amount: TO VACATE ORDER SEALING RECORD AND UNSEAL RECORDS Docket Text: FILED BY BRADLEY EDWARDS, ESQ. 14 1 MOT - MOTION Filing Date: 03-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: PALM BEACH POST'S MOTION TO INTERVENE AND PETITION Docket Text: 'FOR ACCESS FILED BY DEANNA SHULLMAN, ESQ. EVRST EVENT RESET Filing Date: 10-JUN-2009 Filing Party: EPSTEIN, JEFFREY E rDisposition Amount: CR-BELTRAN. MOTION TO INTERVENE-GRANTED. NO ACTION Docket Text: ON MOTION TO UNSEAL. RESET FOR MOTION HRG ON 6/25/09. BLE _J 15 FIORD -ORDER Filing Date: 10-JUN-2009 Filing Party: EPSTEIN JEFFREY E Disposition Amount: http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry doct.cp_dktrpt_docket_report?b... 8/4/2009 EFTA00233646 - Not an Official Document Page 8 of I] 'Docket Text: (COLBATH) 16 CEF - COURT EVENT FORM Filing Date: 10-JUN-2009 Filing Party: PEPSTEIN,JEFFREY E Disposition Amount: Docket Text: none. 17 LORD -ORDER Filing Date: 10-JUN-2009 Filing Party: EPSTEIN, JEFFREY E IDisposition Amount: Docket Text: (COLBATH) EVSCH - HEARING EVENT SCHEDULED 'Filing Date: 11-JUN-2009 JI !Filing Party: Disposition Amount: Docket Text: none. 19 MOT - MOTION Filing Date: 11-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: TO MAKE COURT RECORDS CONFIDENTIAL. FILED BY J. Docket Text: GOLDBERGER, ESQ 18 MOT - MOTION Filing Date: 15-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: TO INTERVENE AND SUPPORTING MEMORANDUM OF LAW. Docket Text: FILED BY S. KUBIN, ESQ EVSCH - HEARING EVENT SCHEDULED Filing Date: 25-JUN-2009 Filing Party: Disposition Amount: Docket Text: ^TO STAY DISCLOSURE http://courtcon.co.palm-beach.fLus/pls/jiwp/ck_public_qry_doct.cp_dIctrpt_docket_report?b... 8/4/2009 EFTA00233647 - Not an Official Document Page 9 of II I EVHLD - EVENT HELD Filing Date: 25-JUN-2009 Filing Party: EPSTEIN JEFFREY E Disposition Amount: CR-WIGGINS (COLBATH) DEFT PRES W/J.GOLDBERGER, Docket Text: GRANTED, CASE RESET FOR MOTION TO STAY DISCLOSURE EVSCH - HEARING EVENT SCHEDULED Filing Date: 25-JUN-2009 Filing Party: Disposition Amount: Docket Text: TO STAY DISCLOSURE 20 I CEF - COURT EVENT FORM Filing Date: 25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 21 MOT - MOTION Filing Date: 25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: TO STAY DISCLOSURE OPF THE NON- PROSECUTION Docket Text: AGREEMENT AND ADDENDUM PENDING REVIEW. FILE BY R CRITON, PA EVHLD EVENT HELD Filing Date: 26-JUN-2009 !Filing Party: EPSTEIN, JEFFREY E Disposition Amount: CR-WIGGINS. MOTION TO STAY, DENIED. WRITTEN ORDER TO FOLLOW. DOCUMENTS IN QUESTION ARE DELAYED UNTIL Docket Text: NOON ON THURSDAY 02-JUL-2009. MOTION TO COMPEL THE DEFT TO POST BOND - DENIED. 25 J MOT - MOTION Filing Date: 26-JUN-2009 Filing Party: EPSTEIN JEFFREY E ,I.Disposition Amount: http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dIctrpt_docket_report?b... 8/4/2009 EFTA00233648 - Not an Official Document Page 10 of II Docket Text: ILLOR ATTY'S FEES AND COSTS. FILED BY D. SHULLMAN, PA 131 CEF - COURT EVENT FORM Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 32 J ORD - ORDER Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (JUDGE COLBATH) THAT THE MOTIONS TO SEAL THE COURT RECORDS ARE DENIED. THE MOTIONS TO INTERVENE ARE Docket Text: GRANTED. THE MOTION TO UNSEAL THE DOCUMENTS IS GRANTED. 23 ... ...._. Filing Date: 29-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: MOTION TO STAY AND SUPPORTING MEMORANDUM OF LAW. Docket Text: FILED BY S. KUVIN, ESQ 24 ODMO - ORDER DENYING MOTION Filing Date: 29-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (COLBATH) TO STAY DISCLOSURE AGREEMENT 26 PROC - CRT REPORTER TRANSCRIPT OF Filing Date: 01-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Am_ ount: I PROCEEDINGS BEFORE THE COURT, 27 PROC - CRT REPORTER TRANSCRIPT OF IFiling Date: 01-JUL-2009 Filing Party: EPSTEIN, JEFFREY E http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_reportTh... 8/4/2009 EFTA00233649 - Not an Official Document Page 11 of I I Disposition Amount: Docket Text: PROCEEDINGS BEFORE THE COURT 22 ORD - ORDER Filing Date: 02-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: THAT THE MOTION TO FILE UNDER SEAL IS GRANTED. ORDERED FURTHER THAT THIS COURT GRANTS THE MOTION TO USE ONE APPENDIX TO SUPPORT THE EMERGENCY PETITION FOR WRIT OF CERTIORARI AND EMERGENCEY MOTION TO REVIEW DENIAL OF STAY. ORDERED FURTHER THAT THIS COURT GRANTS PETITIONERS EMERGENCEY MOTION TO REVIEW THE ORDER JUNE 26, 2009, THAT DENIES THE MOTION FOR STAY. THE JUNE 25, 2009 ORDER GRANTING Docket Text: THE MOTION TO UNSEAL IS STAYED PENDING FURTHER ORDER OF THE COURT. ORDERED FURTHER THAT WITHIN TEN (10) DAYS OF THIS ORDER RESPONDENT SHALL SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED. RESPONDENT SHALL ADDRESS THIS COURTS JURISDICTION TO REVIEW THE ORDER AS WELL AS THE MERITS OF THE PETITION. ORDERED FURTHER THAT PETITIONER MAY HAVE TEN (10) DAYS THEREAFTER TO REPLY. 28 I MOT - MOTION Filing Date: 06-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: NONPARTY E.W.'S MOTION FOR ATTORNEYS FEES AND Docket Text: COSTS FILED BY W. BERGER 29 RESP - RESPONSE TO: Filing Date: 06-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (NTERVENER'S) MOTION TO STAY AND SUPPORTING Docket Text: MEMORANDUM OF LAW. FILED BY S. KUVIN, ESQ 30 EXLT - EXHIBIT LIST Filing Date: 08-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?b... 8/4/2009 EFTA00233650 07/20/2009 15:22 FAX 5618059846 USAO WPB CONFRX 8139843070 T-113 P002/00Yjr-13Y 07-20-'09 14:21 FROM-THOMAS & LOCICERO IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT OF FLORIDA CASE NO. 41)09-2554 JEFFREY EPSTEIN, Petitioner, VS. STATE OF FLORIDA, PALM BEACH NEWSPAPERS, INC., E.W., and B.B., Respondents. Pending in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case Nos. 2006 CF 9454AMB, 2008 CF 9381AMB PALM BEACH NEWSPAPERS, INC. d/b/a THE PALM BEACH POSTS MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS THOMAS, LoCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, Florida 33301 EFTA00233651 07/24/2009 15:22 FAX 5018059840 USA0 WPB CONFRM 004 8139843070 1-113 P003/00E-937 07-20-'09 14:22 FROM-THOMAS & LOCICERO RESPONDENT PALM BEACH POST'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS Pursuant to Florida Rules of Appellate Procedure 9.400 and 9.410 and Administrative Order Number 2.303 of the Fifteenth Judicial Circuit of Florida, Respondent Palm Beach Newspapers, Inc., d/b/a The Palm Beach Post (the "Post) moves this Court for an award of attorneys' fees and costs in connection with this review proceeding. In support thereof, the Post states: 1. The Post is a daily newspaper that has covered this matter and related proceedings. In an effort to inform its readers concerning these matters, the Post relies upon (among other things) law enforcement records and judicial records. 2. On June 10, 2009, the trial court granted the Post's Motion to Intervene in this action for the purpose of seeking access to court records. Specifically, the Post sought access to a non-prosecution agreement that was docketed on July 2, 2008, and an addendum docketed on August 25, 2008. 3. On June 25, 2009, the trial court heard oral argument on the Post's (and other non-parties') motions. The Court found that the documents had not properly been sealed in the first instance and further denied Petitioner Jeffrey Epstein's Motion to Make Court Records Confidential dated June 11, 2009. 2 EFTA00233652 07/20/Z009 15:23 FAX 5618059846 USA0 WPB CONFRM 8139843070 F-93/ T-113 P024/001 005 07-20-'09 14:22 FROM-THOMAS & LOCICERO 4. The Post is entitled to its fees and costs in this matter pursuant to Administrative Order Number 2.303 of the Fifteenth Judicial Circuit of Florida.' "if Specifically, that order allows sanctions to be imposed against the moving party a motion to seal is not made in good faith and is not supported by a sound legal and factual basis." Admin. Or. 15th Jud. Or. Fla. 2.303. 5. The Post also is entitled to fees and costs in this matter pursuant to Florida Rule of Judicial Administration 9.410, which gives appellate courts discretion to impose sanctions if an appeal "presents no justiciable question and is so devoid of merit on the face of the record that there is little prospect it will ever succeed." t.gs, Visoly I Sec. Pac. Cred. Cow., 768 So. 2d 482, 490-91 (Fla. 3d 1DCA 2000) (citing Fla. R. App. P. 9.410). Frivolous appeals include those in which a case is found: a. to be completely without merit in law and not supported by a reasonable argument for an extension, modification or reversal of existing law; b. to be contradicted by overwhelming evidence; c. as having been undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or d. as asserting material factual statements that are false. Id, at 491. A copy of Administrative Order 2.303 is attached at Tab 2 to the Post's Supplemental Appendix, which was filed with its response brief. 3 EFTA00233653 07/20/2009 15:23 FAX 5816059646 USAO WPB CONFRM litooe FROIM-THOM AS & LOCICERO 8139843070 T-113 P005/007 E-9ji 01-20-'09 14:22 6. In this case, Mr. Epstein's certiorari petition — like his initial filing of these documents under seal and his June 11, 2009 Motion to Make Court Records Confidential — was neither made in good faith nor supported by a sound legal and factual basis. The certiorari petition asserted three interests that ostensibly would be protected by closure but cited no record evidence in support of that assertion. Indeed, both in his motion below and at the hearing on the motion, Epstein made no gelatine effort to demonstrate by evidence how and why any material interests would be served by closure. Instead, Epstein's arguments addressed extraneous, inapplicable issues that did not support closure and demonstrated his lack of good faith in bringing his motion. Moreover, Epstein's assertion that the trial court's orders contradicted and were preempted by federal court rulings was simply false. Epstein likewise failed to substantiate his arguments in this proceeding, instead again relying on red herrings and unsubstantiated blanket assertions to support his baseless claim that closure is or was proper in this case. 7. Rather, it appears Epstein opposed unsealing of these records simply for the purpose of shielding from public view documents material to the resolution of criminal charges against him for soliciting children for prostitution. In other words, the petition to this Court was merely a ploy intended to delay the public access to judicial records that that the Florida Constitution and common law guarantee. 4 EFTA00233654 07/20/2009 15:23 FAX 5618059846 USAO WPB CONFRM 8139843070 T-113 P006/00 n02;37 07-20-'09 14:22 FROM-THOMAS & LOCICERO non- 8. In sum, Epstein's arguments for restricting access to his t, Epstein's petition to prosecution agreement and its addendum are without meri the Post is entitled to an this Court was likewise without support in fact or law, and s. award of its fees and costs in defending its rights of acces Court award to it its WHEREFORE, the Post respectfully requests that this deems proper. fees and costs and grant such other relief as the Court Respectfully submitted, THOMAS, LOCICERO & BRALOW PL James B. Lake ^^WnIns.4 Attorneys for The Palm Beach Post 5 EFTA00233655 USA° WPB CONFAB 411008 07/20/2009 15:23 FAX 5618059846 07-20-'09 14:22 FROM-THOMAS & LOCICERO 0139843070 T-113 P007/007 F-937 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished U.S. Mail to: Hon. Jeffrey Colbath, Palm Beach County Courthouse, 205 N. Dixie Highway, Room 11F, West Palm Beach, FL 33401; and via facsimile and U.S. Mail to: R. Alexander Acosta, United States Attorney's Office - Southern District, 500 S. Australian Ave., Ste. 400, West Palm Beach, FL 33401; Barbara Burns, Esq., State Attorney's Office - West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401; Jack Alan Goldberger, Esq., Atterbury Goldberger, et al., 2 kobert D. Critton, Esq., Burman, Critton, Luther & ColemanIMININ Jane Kreusler-Walsh, EM., ; Spencer T. Kuvin, Esq., Leopold-Kuvin, P.A., and Bradley 3. Edwards, Esq. and William J. Berger, Esq., Rothstein Rosenfeldt Adler, on this 20th day of July, 2009. 6 EFTA00233656 USAO WPB CONFRM 141001 07/20/2009 15:22 FAX 5618059846 United States Attorney's Office Southern District of Florida 500 S. Australian Ave, Suite 400 'Westitaith Beath, FL 33401-6235 To: ORGAt FAX #: SUBJECT: FROM: AU/I( (561) 620-6711 (561) 820-8777 (Fax) NUMBER OF PAGES, INCLUDING THIS PAGE: cfr COMMENTS: Original document: • To follow via regular mail To follow via Federal Express To follow via hand delivery Nothing to follow, FAX = original EFTA00233657 07/20/2009 15:22 FAX 5618059848 USAO WEB CONFRM 8139843070 T- 113 FIJW1/10t9246/ 07-20-'09 14:21 FROM-THOMAS 8. LOCICERO THOMAS LOCI CERO BRALOW facsimile transmittal J To: Marilyn, -Judicial Assistant to Judge PAX 561-355-1616 Colbath (561) 820-8777 _R. Alexander Acosta, Esq., USAO Barbara Burns, Esq., ASAO (561) 355-7351 (561)835-8691 Jack Alan Goldberger, Esq. Bradley J. Edwards, Esq. (954) 527-8663 William J. Berger, Esq. Robert D. Critical, Esq. 561-844-6929 Spencer T. Kuvin, Esq. 561-515-1401 Jane Kreasler-Walsh, Esq. 561-820-8762 From: Deanna K. Shunt/ken, Esq. Date: 07/20/09 Re: State J. Epstein Pages: 7 I Urgentn I For review 0 T Please comment LI I Please reply I Please recycle El Please see attached . CONFIDENTIALITY STATEMENT or This electronic message transmission COntaint information from the law dmi of Thomas, LoCiceio & Bralow PL and is confidcritiol he aware privileged. The Inhumation is intended to be for the use of the individual er entity earned above. If you are not the intended recipient, that any disclosure, copying, disuibution or use of die contents of this information is prohibited. If you have rtccived this electronic transmission In aror, please notify us by tetphone (813)9U-3060 immediately. Thank you for your cooperation IRS Circular 230 Disclonun To the calm* this corresponds= contains federal tax advice. such advice was net intended to be used, and cannot De used by any notpayeg for the purpose of(i) avoiding penalties under the Internal Revenue Code or (I) promoting, marketing, or moornmsndiag to soother pony any transaction or maw addressed herein. If you would like us to prop= written tag advice designed to provide penalty protection. please contact us and we will he harpy en strews the menet with you n more detail confidential EFTA00233658 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT JEFFREY EPSTEIN, CASE NO. 4D09-2554 PALM BEACH COUNTY Petitioner, L.T. CASE NO. 2008 CF 009381A U STATE OF FLORIDA, Respondent. / AGREED MOTION TO FILE ONE REPLY SUPPORTING PETITION FOR WRIT OF CERTIORARI AND FOR THE TIME TO RUN FROM SERVICE OF THE LAST-FILED RESPONSE Petitioner, JEFFREY EPSTEIN, requests this Court's permission to file one reply supporting his petition for certiorari to the three separate responses filed by respondents and for the time to run from service of the last-filed response, for the following reasons: 1. Mr. Epstein filed an Emergency Petition for Certiorari to review an order compelling disclosure of a confidential federal non-prosecution agreement and addendum. I EFTA00233659 2. On July 1, 2009, this Court ordered respondent to show cause within 10 days why the petition should not be granted. This Court allowed Mr. Epstein 10 days to reply. 3. Three groups of respondents filed responses: (1) E.W.; (2) B.B.; and (3) Palm Beach Newspapers, Inc. d/b/a Palm Beach Post ("the Post"). Each respondent is represented by different counsel. The responses were served by mail and on different days. 4. Due to the overlap of arguments in the three responses, it would benefit the parties and this Court if Mr. Epstein filed one reply to the three responses. Accordingly, Mr. Epstein requests permission to file one reply to the three responses. Mr. Epstein requests this Court to order that the reply is due 10 days from service of the last-filed response. Opposing counsel has contacted counsel for respondents (William J. Berger for E.W.; Diana L. Martin for B.B.; and Deanna K. Shullman for the Post), who have all advised they have no objection to this motion. 2 EFTA00233660 -Q-~.......4.11 0-4-9-' I HEREBY CERTIFY that a copy of the foregoing has been sent byAmail this /4k/..., day ofJuly, 2009, to: JUDITH STEVENSON ARCO U.S. Attorney's Office-Southem District State Attorney's Office-West Palm Beach 500 South Australian Avenue, Suite 400 401 North Dixie Highway West Palm Beach, FL 33401 West Palm Beach, FL 33401 WILLIAM J. BERGER DEANNA K. SHULLMAN ROTHSTEIN ROSENFELDT ADLER SPENCER T. KUVIN HONORABLE JEFFREY COLBATH DIANA L. MARTIN 15th Judicial Circuit LEOPOLD-KUVIN, P.A. Palm Beach County Courthouse 205 North Dixie Highway Room 11F West Palm Beach, FL 33401 ROBERT D. CRITTON of BURMAN, CRITTON, LUTTIER & COLEMAN and JACK A. GOLDBERGER of ATTERBURY, GOLDBERGER & WEISS, P.A. and 3 EFTA00233661 JANE KREUSLER-WALSH and BARBARA J. COMPIANI of KREUSLER-WALSH, COMPIANI & VARGAS, P.A. Counsel for Petitioner By: USLER-WALSH 4 EFTA00233662 KREUSLER-WALSH, ePt Po COMPIANI BC VARGAS, P.A. Wanda's ".... ••••ITNCY COWES 02 1P $ 000.440 0004162054 JUL 14 2009 MAILED FROM ZIPCODE 33401 11111111111,11,111 111,11,1 JEFFREY H. SLOMAN U.S. Attorney's Office-Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 334O:LS623S OO23 IA111111111111 11,11,,,,1.1”11.,1.1.11.11 ILI EFTA00233663 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT CASE NO: 4D09-2554 L.T. No. 2008 CF 9381 JEFFREY EPSTEIN, Petitioner, STATE OF FLORIDA, et. al, Respondents. E.W.'S MOTION TO FILE PORTION OF RESPONSE UNDER SEAL Respondent, E.W., moves to file under seal a portion of her response (dealing with this Court's lack of jurisdiction) to the petition for writ of certiorari, on the following grounds: In a portion of her response, attached hereto in the sealed envelope, E.W. discusses page-by-page the sealed document, the Non-Prosecution Agreement. Public disclosure of this portion of E.W.'s response would violate this Court's order staying disclosure of the NPA. For this reason, E.W. moves to file the attached under seal. Copies of the sealed portion have been served only on the attorneys for petitioner and the U.S. Attorney. EFTA00233664 The undersigned counsel spoke with Jane Kreusler-Walsh, attorney for petitioner, and represents that she does not oppose this motion to file under seal. I HEREBY CERTIFY that a correct copy of the foregoing has been served by mail this' day of July, 2009, on the parties listed below. ROTHSTEIN ROSENFELDT ADLER Attorneys for E.W. WI tam J. Berger SERVICE LIST Jane Kreusler-Walsh Terannlar Walak rni-nninn; P, Von-Ten. 13 A. Deanna K. Shullman AAA A uite 1100 2 EFTA00233665 Spencer T. Kuvin Leopold- Kuvin, P.A. nnnc Tlf, n 1r) na^ Robert D. Critton of Burman, Critton, Luttier & Coleman Jack A. Goldberger ot Atterburv, Goldberger. & Weiss, P.A. U.S. Attomey's Office-Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, Fl 33401 Judith Stevenson Arco State Attorney's Office- West Palm Beach Honorable Jeffrey Colbath Palm Beach County Courthouse 205 North Dixie Highway Room 1W West Palm Beach. Fl 33401 3 EFTA00233666 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT CASE NO: 4D09-2554 L.T. No. 2008 CF 9381 JEFFREY EPSTEIN, Petitioner, STATE OF FLORIDA, E.W., THE PALM BEACH POST, B.B, Respondents. E.W.'S RESPONSE TO PETITION FOR CERTIORARI' Respondent, E.W., would show this Court as follows: 1. Introduction: In an unprecedented request that should shock the conscience of this Court, a convicted child sex offender seeks to conceal from the public the details of his deal with the U.S. Attorney (filed in the lower court) that led him to plead guilty to state charges of procuring a minor to engage in prostitution (a 2nd degree felony) and felony solicitation of prostitution (a 3rd degree felony). His request would make a sham of the public's state E.W. has also filed herewith under seal a request to dismiss the petition for lack of jurisdiction. That response is filed under seal because it discusses page-by-page the sealed document. EFTA00233667 constitutional right to open government. The lower court properly denied this attempt. This Court, it is respectfully submitted, should deny the petition for certiorari and vacate the order staying disclosure of the sealed documents. E.W. is one of three respondents to the petition for writ of certiorari. The other two, The Palm Beach Post and B.B., are filing their own responses. The respondents have tried not to repeat the arguments of each other. E.W. limits her response here to arguments in the petition based on certain federal court rulings. E.W. incorporates by reference the other responses. The proceedings that have led to the petition for writ of certiorari before this Court began with E.W.'s May 12, 2009 motion below to vacate the Agreed Order Sealing Document entered by the trial court on July 2, 2008 at the plea and sentencing hearing in the state court criminal proceedings against petitioner. The Agreed Order authorized the filing under seal of the Non-Prosecution Agreement ("NPA") between petitioner and the United States. E.W. also moved to unseal an Addendum to the NPA that was sealed on August 23, 2008 without any hearing or court order whatsoever. 2 EFTA00233668 The Palm Beach Post and B.B. were granted leave to intervene and file their own motions similar to E.W.'s. The lower court, after two hearings, granted the motions and ordered the NPA and Addendum to be unsealed. Petitioner seeks review of that order and the order denying his motion to stay pending appellate review. For the reasons stated below and in the other responses, it is submitted his requests should be denied. 2. Judge Marra expressly authorized the lower court to resolve the issue of whether the state court records should be unsealed. Petitioner places great emphasis on rulings entered by United States District Judge Kenneth Marra, asserting that the order under review here "violated" those rulings. In fact, at a June 12, 2009 hearing2 attended by petitioner's counsel, Judge Marra expressly authorized the lower court, the Honorable Judge Jeffrey Colbath, to resolve the issue of whether the state court records should be unsealed. Responding to a request that he look at the NPA in camera, Judge Marra stated: THE COURT: Maybe Judge Colvat [sic] will resolve this issue for me. 2 The hearing was in the federal civil lawsuits against petitioner. 3 EFTA00233669 MR. JOSEFSBERG: Even if he doesn't, Your Honor, I believe we are allowed to show it to you. THE COURT: I'll tell you what: I'll wait for Judge Colvat [sic] to rule, and then if he rules that it should remain sealed, then I'll consider whether or not I want to have it submitted to me in camera. (E.W.-13, page 42, lines 8-15(emphasis added).) All of petitioner's assertions that Judge Colbath's order under review here "violated" Judge Marra's orders, that the lower court gave only "lip service" to Judge Marra, that the supremacy clause and the doctrine of federal grand jury secrecy are violated, are all shown by the above quotes to be false assertions. Judge Marra looked forward to a resolution by the lower court of what is purely a state law issue: should these state court records be unsealed? 3. The federal court orders do not support the petition and in fact undermine it. Even if we were to ignore Judge Marra's quotes above, his written orders do not support the petition and in fact undermine it. The first federal order petitioner relies on is an "Order To Compel Production And Protective Order" dated August 21, 2008. The second is an "Order" dated February 12, 2009. (Copies, respectively, are A-2 and A-6 in petitioner's Appendix.4) 3 Reference to E.W.'s Appendix is by "(E.W.-_)." 4 EFTA00233670 These orders were entered in a proceeding brought by two of petitioner's victims, Jane Does 1 and 2,5 against the United States under the federal Crime Victim's Rights Act, 18 U.S.C. sec. 3771. Petitioner was not a party to the proceeding. (A-1.) That proceeding is separate from the federal damages actions brought by petitioner's victims. It should also be noted that there has never been a federal court prosecution of petitioner. There was no federal indictment or information filed. In the proceeding where Judge Marra entered the two orders relied on by petitioner, the Jane Does sought to obtain production directly from the files of the U.S. Attorney of a copy of the NPA. They were not asking Judge Marra to "unseal" a state court record. Thus, the context of Judge Marra's two orders was a proceeding by two private citizens solely against the United States to get a federal judge to order the federal prosecutor to produce a document directly from the federal prosecutor's files, not to unseal state court records. The factors going into this extraordinary request—to order the federal prosecutor to turn over documents directly from the files of the prosecutor--are not at all relevant to the purely state law issues before this Court on whether a Reference to petitioner's Appendix is by: "(A- )." 5 Undersigned's firm represents both Jane Does, filed the papers giving rise to the orders and attended the hearings referenced therein. 5 EFTA00233671 document was improperly sealed by a state court and should be unsealed by that court. The issues before this Court must be resolved by interpreting and applying the state constitution, state open government policies, state rules of judicial administration and the administrative orders of the state circuit court below. They have nothing whatsoever to do with the federal government. In the August 21, 2008 order, Judge Marra granted the Jane Does' ore tenus motion seeking production of the NPA directly from the U.S. Attorney, but with restrictions. He ordered the U.S. Attorney to produce a copy of the NPA to Jane Does' attorneys under a nondisclosure restriction. Notably, the order makes no reference whatsoever to the state court order sealing the NPA in the state court record (even though the state court order (A-9) had already been entered on July 2, 2008) or to the fact that the NPA was already sealed in the state court file (at the plea colloquy on June 30, 2008). That is because the dispute before Judge Marra solely involved two crime victims seeking a document directly from the files of the U.S. Attorney, not from the state court file, and had nothing to do with unsealing state court records. The second order entered on February 12, 2009 was on the Jane Does' written motion to remove any restrictions on disclosure so their attorneys 6 EFTA00233672 could discuss the NPA with third parties. Again, the context was two crime victims trying to publicly disclose a document directly from the files of the U.S. Attorney. Judge Marra denied the motion because the Jane Does had not shown that they should be able to publicly disclose a document they got directly from the U.S. Attorney's files. This issue, again, has nothing to do with whether the lower court should unseal the state court records. But in so ruling, Judge Marra indirectly acknowledged the state trial court's jurisdiction to unseal its own records. Judge Marra stated: "If a specific tangible need arises in a civil case petitioners or other alleged victims are pursuing against Epstein, relief should be sought in that case, with notice to the United States, the other party to the Agreement." (A-6, page 2.) Judge Marra's orders were entered after the NPA was sealed by the lower court; they can have nothing whatsoever to do with whether the NPA was properly sealed. Neither federal order, by their express terms, precludes the lower court from unsealing its own court records. Judge Marra did not enjoin and does not have jurisdiction to enjoin the lower court from unsealing its own records. Younger'. Harris, 401 U.S. 37 (1971). As Judge Marra noted, "the [NPA] was not filed in this case [the federal proceeding], under seal or 7 EFTA00233673 otherwise." (A-6, page 1.) The copy of the NPA in the file of the lower court is a state court record, not a federal court record. Playing Judge Marra off on the lower court is a red herring. CONCLUSION For the foregoing reasons, the petition should be denied and the stay on disclosure vacated. I HEREBY CERTIFY that a copy of the foregoing has been served by mail on the parties listed below this ay of July, 2009. I HEREBY CERTIFY that the foregoing is submitted in Times New Roman 14-point font and complies with the font requirement of Rule 9.100. ROTHSTEIN ROSENFELDT ADLER Attorneys for E.W. By: / W. iam J. Berger 8 EFTA00233674 SERVICE LIST Jane Kreusler-Walsh Kreusler-Walsh, Compiani & Vargas, P.A. Deanna K. Shullman Spencer T. Kuvin Leopold- Kuvin, P.A. Robert D. Critton of Burman, Critton, Luttier & Coleman Jack A. Goldberger of Atterbury, Goldberger, & Weiss, P.A. a p.e. a . I• å n at (...Sa.. 1 A nn we an w Ir 4. 0 I U.S. Attomey's Office-Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, Fl 33401 Judith Stevenson Arco State Attomey's Office- West Palm Beach 401 North Dixie Highway West Palm Beach, Fl 33401 EFTA00233675 Honorable Jeffrey Colbath Palm Beach County Courthouse 205 North Dixie Highway Room 11F West Palm Beach. Fl 33401 10 EFTA00233676 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT CASE NO: 4D09-2554 L.T. No. 2008 CF 9381 JEFFREY EPSTEIN, Petitioner, STATE OF FLORIDA, et. al, Respondents. APPENDIX TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI ROBERT D. CRITTON BURMAN, CRITTON, LUTTIER & COLEMAN and JACK A. GOLDBERGER ATTERBURY, GOLDBERGER & WEISS, P.A. and JANE KREUSLER-WALSH and BARBARA J. COMPIANI of KREUSLER-WALSH, COMPIANI & VARGAS, P.A. Counsel for Petitioner EFTA00233677 Document Tab Proceedings in Southern District Court Transcript of Epstein's Motion to Stay Civil Proceedings (6/12/09) E.W.-1 EFTA00233678 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Appendix has been served by mail on the parties listed below this T )day of July, 2009. ROTHSTEIN ROSENFELDT ADLER Attorneys for E.W. By: Willi J. Berger SERVICE LIST Jane Kreusler-Walsh and Barbara J. Compiani or ICrencler-Walsh Cnmniani Rr Varoac P A Deanna K. Shullman Spencer T. Kuvin Leopold- Kuvin P A Robert D. Critton of Burman, Critton, Luttier & Coleman EFTA00233679 Jack A. Goldberger of Atterbury, Goldberger, & Weiss, P.A. Jeffrey H. Sloman U.S. Attorney's Office-Southern District Judith Stevenson Arco State Attorney's Office- West Palm Reach Honorable Jeffrey Colbath EFTA00233680 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA SCAMPI) 2 WEST PALM BEACH DIVISION 3 CASE NO. 08-80119-CIV-MARRA 4 I WEST PALM BEACH, FLORIDA JANE DOE, et al., 5 Plaintiffs, I JUNE 12, 2009 6 vs. 7 JEFFREY EPSTEIN, B I 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 15 For Jane Doe 16 BRADLEY J. EDWARDS, ESQ. 17 Rothstein Rosenfeldt Adler 18 Jane Doe 3, 4, 5, 6, 7 19 20 ISIDRO M. GARCIA, Jbc). Garcia Elkins Boehringer 21 22 23 RICHARD H. WILLITS, ESQ. 24 For C.M.A. 25 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00233681 1 ROBERT C. JOSEFSBERG, ESQ. 2 Podhurst Orseck Josefsberg 'S What Plaaler Street 3 4 (Via telephone) 5 KATHERINE W. EZELL, ESQ. Podhurst Orseck Josefsberg 6 7 8 FOR THE DEFENDANT: ROBERT D. CRITTON, JR., MICHAEL BURMAN, ESQ. 9 10 11 JACK A. GOLDBERGER, ESQ. 12 Atterbury Goldberger Weiss 13 14 15 Assistant U.S. Attorney 500 East Broward Boulevard 16 Fort Lauderdale, FL 33394 For U.S.A. 17 MARTIN G. WEINBERG, ESQ. 18 19 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 8N09 Miami, FL 33128 305.523.5290 24 25 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00233682 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 EFTA00233683 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 he 25 defending against the allegations in the civil proceedings, TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00233684 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 am 11 non-prosecution agreement has ever been filed in this Court; 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 FtEALT1ME TRANSCRIPTION EFTA00233685 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 EFTA00233686 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 EFTA00233687 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 EFTA00233688 9 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 REALT1ME TRANSCRIPTION EFTA00233689 10 1 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 EFTA00233690 11 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 REAL11ME TRANSCRIPTION EFTA00233691 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 Acass COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00233692 13 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 ACCPSR COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00233693 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 EFTA00233694 IS 1 in the context of this case been brought to your attention as a 2 potential violation? 3 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. 9 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 EFTA00233695 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 the 23 is, is under 2255 is that from the defendant's perspective 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 EFTA00233696 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. Ma 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 EFTA00233697 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 EFTA00233698 19 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 EFTA00233699 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 EFTA00233700 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 TOTALACCESCOUMMOOMNEPNOM(MEAMMEMWOMOUVrION EFTA00233701 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 REACOME TRANSCRIPTION EFTA00233702 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 TOTALACCESSCOURTROOMNEIVORKREALTIMETRANSCRIPTION EFTA00233703 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 TOTALACCESSCOUMOU4NEDNORKREAMMETRANSOUrrION EFTA00233704 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 FtEALTIME TRANSCRIPTION EFTA00233705 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. 8 THE COURT: Any other plaintiff's counsel want to 9 chime in? MR. WILLITS: Richard Willits on behalf of C.M.A.. I 10 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 by 24 into this situation with his eyes wide open, represented 25 counsel, knowing that civil suits had to be coming. If he TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00233706 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 EFTA00233707 28 1 the contesting of the jurisdiction of this Court was a 2 potential breach of the non-prosecution agreement. 3 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 EFTA00233708 29 1 as a shield against the plaintiffs that he was supposed to make 2 restitution for. 3 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 EFTA00233709 30 1 it, it doesn't relate to our clients. 2 THE COURT: Okay. But, again, you're in agreement lf of a 3 with everyone else so.far that's spoken on beha l course of 4 plaintiff that defending the case in the norma would not be a breach? 5 conducting discovery and filing motions 6 MR. HOROWITZ: Subject to your rulings, of course, 7 yes. 8 THE COURT: Thank you. ntiffs? 9 Anyone else have anything to say from the plai 10 Ms. you would be so kind as to maybe if I 11 help us out. I appreciate the fact that you're here, and unde r no obligation 12 know you're not a party to these cases and 13 to respond to my inquiries. But as I indicated, it would be nt's position. 14 helpful for me to understand the Governme Thank you, Your Honor. And we, of 15 MS. the Court as much as 16 course, are always happy to try to help e lawsuits, and 17 possible. But we are not a party to any of thes we don't have 18 in some ways we are at a disadvantage because So I don't 19 access. My access is limited to what's on Pacer. may have taken either in 20 really know what positions Mr. Epstein s that aren't filed in 21 correspondence or in discovery response 22 the case file. what do you think 23 But your first order was really just r related to this hearing 24 about a stay, and then the second orde tion, which is whether we 25 and asked a much more specific ques CRIPTION TOTAL ACCESS COURTROOM NETWORK REALTIME TRANS EFTA00233710 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 EFTA00233711 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 Lheir 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 TWALACFcgCOURTROOMNETWORKREALTIMETRANSCR/PTION EFTA00233712 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 belie've 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 EFTA00233713 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 RepaimE TRANSCRIPTION EFTA00233714 35 1 that says I can't do this? 2 MS. Correct. 3 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. 1 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 REM:TIME TRANSCRIPTION EFTA00233715 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 EFTA00233716 37 1 And under the consensual, in essence, which Mr. Epstein did, is 2 he's offered S50,000 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 EFTA00233717 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. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00233718 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. ton 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 TOTALACCESSCOURTROOMNEMORKREACIIMETRANSCRIPTION EFTA00233719 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 EFTA00233720 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 EFTA00233721 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 EFTA00233722 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 expectihg 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 REAL174617WISCRIPTION EFTA00233723 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. B THE COURT: All right. 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 Lingubase Technologies EFTA00233724 Page 45 A against 4:23,25 6:24 16:10 18:11 21:12 B 43:6 22:15 26:4 29:1 30:9 35:7 41:23 back 12:l8 36:2 39:7 breaches 7:15,17 abide 27:15 42:25 42:16,20 backgrounds 39:21 19:11 21:11 22:16 ability 18:8 19:1 agency 34:23 anyway 38:6 balance 12:15 4322 able 20:14 27:9 ago 31:17 37:14 apparently 32:20 bank 32:10 breaching 22:19,20 32:18 34:5,15 agree 13:13 17:23 appear 3:19 25:6 baud 6:12 10:7 12:6 22:23 39:21 about 4:24 5:25 6:10 25:25 26:7 27:9 42:18 13:11 17:4 34:4 brief 15:18,23 6:18 9:2 11:15 37:18 41:23,24 appearances 1:12 36:19 38:22 briefing 5:4 13:22 2025 21:13 23:13 25:23 27:2 43:19 3:3,25 basically 7:16 13:10 briefly 27:22 agreed 17:9 20:2 appears 27:2 39:5 bring 29:22 40:7 27:11,23 28:16 21:15 25:16 applicable 6:13 18:3 basis 33:9 38:24 broad 29:17 30:24 32:2,2,3 brought 15:1 20:2 34:16 38:1,2,7,15 agreement 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No. 2008 CF 9381 JEFFREY EPSTEIN, Petitioner, STATE OF FLORIDA, E.W., THE PALM BEACH POST, B.B, Respondents. E.W.'S SEALED REQUEST TO DISMISS THE PETITION FOR LACK OF JURISDICTION Respondent, E.W., would show the Court as follows: 1. This Court lacks jurisdiction to hear this petition. The order under review is a non-final order for which no appeal is provided by Rule 9.130. A non-final order for which no appeal is provided by Rule 9.130 is reviewable by petition for certiorari only in limited circumstances. The order must depart from the essential requirements of law and thus cause material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal. Allstate Ins. Co.'. Langston, 655 So.2d 91, 94 (Fla. 1995); Barad & Co.'. EFTA00233732 McGuire, 670 So.2d 153 (Fla. 4th DCA 1996); see, Menke'. Broward School Bd, 916 So.2d 8 (Fla. 4th DCA 2005). The requirement of irreparable harm is jurisdictional. Allstate; Barad & Co. A petitioner's failure to demonstrate the satisfaction of this jurisdictional element should result in dismissal of a petition for writ of certiorari. Barad & Co. As shown below, petitioner fails to meet this jurisdictional threshold. 2. Disclosure of the NPA will not cause petitioner irreparable harm. a. There is nothing in the NPA that is confidential and disclosure will not cause petitioner irreparable harm ("there's no cat in the bag"). Petitioner does not cite a single term, provision, sentence or word in the NPA' that is confidential. There are no "confidentiality provisions" in the NPA, contrary to petitioner's misleading assertions (i.e., petition at page 10). There is not a single detail about this sex offender's plea deal with the U.S. Attorney or the state attorney that should be hidden from the public. A page-by-page review of the NPA demonstrates this. The first page discusses that local law enforcement have conducted investigations of The undersigned attorneys were given a copy of the NPA through the federal proceedings before Judge Marra (see E.W.'s response to the petition filed herewith), but, inexplicably, undersigned was not provided a copy of the Addendum. We have never seen it and do not know its contents. 2 EFTA00233733 petitioner; that he was charged by indictment with solicitation of prostitution; that the U.S. Attorney and FBI have conducted their own investigation of his crimes against the United States from 2001-2007 including crimes for inducing minor females to engage in prostitution; conspiring to use interstate commerce to engage in illicit sexual conduct; using interstate commerce to induce minor females to engage in prostitution; traveling in interstate commerce to engage in illicit sexual conduct with minor females; recruiting minors to engage in a commercial sexual act. The second page provides that petitioner wishes to resolve globally his state and federal charges; that the interests of the state, the United States and petitioner would be served by so doing; that prosecution by the U.S. Attorney shall be deferred in favor of prosecution by the state provided petitioner abides by the agreement; that should petitioner violate any conditions of the agreement he may be prosecuted for any offense; that if petitioner fulfills the terms of the agreement, the U.S. Attorney will not prosecute him for any offense. The third page discusses that he will plead guilty to state charges of solicitation of prostitution and solicitation of minors to engage in prostitution and be registered as a sex offender; he will agree to a county jail sentence of 18 months for the two charges followed by 12 months 3 EFTA00233734 community control; the state judge must approve the sentence; the agreement does not preclude petitioner and the state attorney from agreeing to recommend additional charges or additional terms of probation or incarceration; petitioner waives his rights; petitioner shall provide the U.S. Attorney with copies of his agreements with the state attorney. Page four provides that the United States shall provide petitioner with a list of victims; the United States shall select an attorney to represent the victims; if any victims files suit based on federal claims petitioner will not contest them; he is not admitting liability by signing this agreement; that he will use his best efforts to plead guilty by a certain date. Page five provides that he will not be treated differently than any other offender as to county jail gain time; that the parties anticipate this agreement will not be made part of any public record but if there is a Freedom of information Act Request or compulsory process on the United States for this agreement, the U.S. will give petitioner notice before disclosing the agreement; that the U.S. Attorney cannot guarantee what the state attorney does; that the United States will not prosecute potential co- conspirators; that ongoing grand jury proceedings will be halted. 4 EFTA00233735 Page six provides there is consideration for the NPA and a breach allows the United States to elect to terminate it; that petitioner waives certain rights. Finally, page seven provides that petitioner has read the agreement and understands it. Where is there a single confidential term, provision, sentence or word in the NPA the disclosure of which will cause petitioner irreparable harm? The answer is there is none. Will it cause petitioner irreparable harm for the public to learn that he and the U.S. Attorney agreed he will be sentenced in state court to a mere 18 months county jail time (in his home county, not a prison, with all the usual gain time and work release benefits not available in the state prison system, so he serves about 60% of the sentence) plus 12 months non-sexual offender community control, for solicitation of a minor to engage in prostitution, a second degreefelony punishable by up to 15 years in prison, and felony solicitation of prostitution, a third degree felony punishable by up to 5 years in prison? Will it cause petitioner irreparable harm for the public to learn that if petitioner fulfills the terms of the agreement, the U.S. Attorney will not 5 EFTA00233736 prosecute him for a single federal crime he committed against multiple minor female victims? Will it cause petitioner irreparable harm for the public to learn the state attorney will only prosecute him for just two of his crimes involving only just two of his minor female victims and that he does not face any further state prosecution for all his other crimes against the many more minor female victims identified by the U.S. Attorney? Will it cause petitioner irreparable harm for the public to know that the other participants in his criminal enterprise for procuring minor females to engage in prostitution, co-conspirators ill not be prosecuted at all? Will it cause petitioner irreparable harm for the public to learn that an attorney will be appointed to represent his other minor female victims in civil lawsuits; that, if they bring only a single specified federal cause of action, he will not contest, but not admit, liability, but if they bring other causes of action such as battery or intentional infliction of emotional distress, he can defend in any manner he choices? Will it cause petitioner irreparable harm for the public to know that the U.S. Attorney and the state attorney have utterly compromised their roles 6 EFTA00233737 as prosecutors and protectors of the public safety by entering into this sweetheart deal with petitioner? As in the old Wendy's commercial, "Where's the beef?" b. The parties to the NPA did not agree it would be confidential; in fact, the United States agreed the NPA would be publicly disclosed if a Freedom of Information Act Request or compulsory process were made to disclose it. There is nothing in the record to support petitioner's assertion that the parties agreed to confidentiality. Petitioner has not proven by any evidence extrinsic to the NPA that it was intended to be confidential. The wording of the NPA, moreover, does not show it was intended by both parties to be confidential. The NPA on its face does not state anywhere that it is confidential. The word "confidential" does not appear in it. There is not a single term, provision, sentence or word in it where both parties affirmatively agree to keep it confidential. The term "confidential" essentially means that something is "meant to be kept secret." Black's law dictionary (801 ed. 2004). The NPA does not contain an expression of this intent. In fact, the parties to it expressly agree to the contrary: that the United States will disclose the NPA if a Freedom of Information Act Request or compulsory process is made to disclose it: 7 EFTA00233738 The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. (NPA, paragraph 13(emphasis added.) The first sentence of the above quote does no more than state an expectation by both sides that they do not anticipate the document being made part of a public record, i.e., not filed in federal court. At most it states merely an intent that neither side will take affirmative steps to make place it in a public record. But that is not a provision that the document is confidential or that it will be kept confidential. In the same paragraph, the United States agrees to disclose the NPA if a Freedom of Information Act Request or compulsory process for the document is made. In fact, with all the hearings held in state court to the present on this issue, the United States, which was always noticed, has not once intervened in state court to request that the document remain sealed. A representative of the U.S. Attorney's office has not even appeared at any of the hearings before the trial judge below on this issue. Moreover, at the plea colloquy, representatives of the United States were present and did not object to the 8 EFTA00233739 terms of the agreement being discussed on the record or being placed in the state court file (see below).2 Also, the text of the NPA quote above (par. 13) shows that petitioner's arguments based on the supremacy clause and the doctrine of secrecy of grand jury proceedings are wholly without merit. Can these arguments have any conceivable validity if the U.S. Attorney agreed to publicly disclose the NPA if there were a Freedom of Information Act Request or compulsory service of process? There should be no serious consideration given to petitioner's contention that the U.S. Attorney intended to look to petitioner to protect the rights of the United States under the supremacy clause or to protect the sanctity of the doctrine of federal grand jury secrecy. This is but another smoke-screen. c. Petitioner himself and the state prosecutor already publicly disclosed the contents of the NPA ("the cat's already out of the bag"). At the plea colloquy (A-8), with representatives of the U.S. Attorney present, petitioner's attorney and the prosecutor disclosed on the record, in public, the essential terms of the NPA. After the trial judge cautioned 2 It was noted on the record that representatives of the U.S. Attorney were present in court. A-8, page 39, lines 22-23. 9 EFTA00233740 counsel that any sidebar conversation would be on the record, the following exchange occurred: MR. GOLDBERGER [petitioner's counsel]: The reason why I asked to come sidebar is there is a nonprosecution agreement with the United States Attorney's office that triggers as a result of the plea agreement. In other words, they have signed off and said they will not prosecute Mr. Epstein in the Southern District of Florida for any offense upon his successful [sic] taking of this plea today. That is a confidential document that the parties have agreed to. I wanted to tell the court. THE COURT: I understand, that would also be invalidated should he violate community control? MR. GOLDBERGER: Absolutely. That nonprosecution agreement — MS. BELOHLAVEK [the state prosecutor]: They spell all that out. THE COURT: Mr. Epstein needs to come closer. Mr. Epstein, your attorney has told me that in addition to everything, we talked about another inducement, shall we say, to your taking this plea is that the U.S. Attorney for the Southern District of the State of Florida, federal prosecutor, has agreed to a nonprosecution agreement with you, meaning that if you successfully complete probation and do everything you're supposed to, they have, have agreed not to prosecute you federally, did you understand that? THE PETITIONER: Yes, ma'am. (A-8, pages 38-39)(emphasis added). We can see from the page-by-page review of the NPA (section 2a. above) that the other provisions of the NPA are incidental to the highlighted quotations. The substance of the NPA is the publicly disclosed provision that the U.S. Attorney will not prosecute petitioner for any federal offense 10 EFTA00233741 upon his pleading guilty to the two state crimes and agreeing to the sentence discussed in the plea colloquy. CONLUSION For the reasons stated above, it is respectfully requested that the petition for certiorari be dismissed for lack of jurisdiction. I HEREBY CERTIFY that a copy of the foregoing has been served by mail on the parties listed below this 1 day of July, 2009. I HEREBY CERTIFY that the foregoing is submitted in Times New Roman 14-point font and complies with the font requirement of Rule 9.100. ROTHSTEIN ROSENFELDT ADLER Attorneys for E.W. 50 Willia; J.verger SERVICE LIST Jane Kreusler-Walsh Kreusler-Walsh, Compiani & Vargas, P.A. 11 EFTA00233742 Robert D. Critton Burman, Critton. Jack A. Goldberger Atterbury, Goldberger, & Weiss, P.A. U.S. Attorney's Office-Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, Fl 33401 Honorable Jeffrey Colbath Palm Beach County Courthouse 205 North Dixie Highway Room 11F West Palm Beach. Fl 33401 12 EFTA00233743 IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT OF FLORIDA CASE NO. 4D09-2554 JEFFREY EPSTEIN, Petitioner, vs. STATE OF FLORIDA, PALM BEACH NEWSPAPERS, INC., E.W., AND B.B., Respondents. SUPPLEMENTAL APPENDIX TO PALM BEACH NEWSPAPERS, INC., d/b/a THE PALM BEACH POST'S RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LOCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3nd Avenue, Suite 1500 Ft. Lauderdale, FL 33301 EFTA00233744 Document Tab Transcript of June 10, 2009 hearing 1 Administrative Order No. 2.303-9/08 Of the Fifteenth Judicial Circuit 2 Administrative Order no. 2.032-10/06 Of the Fifteenth Judicial Circuit 3 John Doe I. Museum of Science and History of Jacksonville, Case No. 92-32567, 1994 WL 741009 4 (Fla. 7th Jud. Cir. June 8, 1994) Government's Response to Victim's Emergency Petition for Enforcement of Crime Victim Rights Act, 18 U.S.C. § 3771 5 Declaration of In Support of United State's Response to Victim's Emergency Petition for Enforcement of Crime Victim Rights Act, 18 U.S.C. § 3771 6 Defendants Jeffrey Epstein an Motion for Stay 7 Florida Sugar Cane League. Inc. I. Florida Dept. of Environmental Regulation, Case No. 91-2108 (Fla. 2d Jud. Cir.), 8 Order Releasing Public Records dated September 20, 1991 2 EFTA00233745 oq-a-3-714 1. ENTH JUDICIAL CIRCUIT IN THE CIRCUIT COURT OF THE FIFTE FLORIDA IN AND FOR PALM BEACH COUNTY, CRIMINAL DIVISION 1 AXX CASE MOs.: 2006-CF9454 AXX and 2008-CP938 STATE OF FLORIDA, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. PROCEEDINGS HELD BEFORE TH THE HONORABLE JEFFREY J. COLBA JUNE 10, 2009 11:08 A.M. - 11:25 A.M. PALM BEACH COUNTY COURTHOUSE WEST PALM BEACH, FLORIDA Reported by Louanne Rawls Notary Public, State of Florida West Palm Beach Office *100578 EFTA00233746 June 10, 2009 Proceedings 2 1 APPEARANCES: 2 On behalf of the Defendant JACK ALAN GOLDBERGER, ESQUIRE 3 Atterbury, Goldberger, et al. 4 5 On behalf of the Defendant 6 ROBERT CRITTON, JR., ESQUIRE Burman, Critton, et al. 7 8 9 On behalf of Third Party E.W. 10 WILLIAM J. BERGER, ESQUIRE 11 BRADLEY J. EDWARDS, ESQUIRE 12 Rothstein Rosenfeldt Adler 13 14 15 16 On behalf of Third Party, The Post 17 DEANNA SHULLMAN, ESQUIRE 18 Thomas, LoCiero & Bralow, PL 19 20 21 22 23 24 25 EFTA00233747 Proceedings June 10, 2009 3 PROCEEDINGS 1 - - 2 had SS IT REMEMBERED that the following proceedings were 3 and testimony adduced before the Honorable Jeffrey Colbath, at 4 the Palm Beach County Courthouse, West Palm Beach, Florida 5 with beginning at the hour of 11:Of a.m. on June 10, 2009, 6 appearances as herein noted to-wit: 7 THE COURT: State vs. Epstein. Let me have for the 8 record, announce everybody's appearance. 9 MR. BERGER: Your Honor, William J. Horner and 10 Bradley Edwards for non-party E.W. 11 MS. SHULLMAN: Your Honor, Deanne Shullman of 12 Thom, LoCiero a Bralow for non-➢arty The Palm Beach 13 Post. 14 THE COURT: Let me slow down a little bit. On behalf 15 of The Post is? 16 MS. SHULLMAN: Deanna Shullman. 17 THE COURT: S-H -V -L -- 18 MS. SHULLMAN: S-H-U-L-L -K-A-N. 19 THE COURT: Ms. Shullman, good morning. Mr. Borger, 20 -- 21 gOOd morning. And Hr. Berger, your client is E HR. BERGER: E.W., yes. 22 THE COURT: Anybody else here? 23 MR. EDWARDS: Brad Edward■ on behalf of E.N. as 24 well, Judge. Thanks. 25 EFTA00233748 June 10, 2009 Proceedings 4 THE COURT: Last name is spelled? 1 HR. EDWARDS: Edwards. E -D -N-A -R-D -S. 2 THE COURT: Okay. 3 HR. GOLDBERGER: For the other side, Your Honor, 4 on on behalf of Jack Goldberger along with Robert Critt 5 Jeffrey Epstein. 6 to THE COURT: It is the Post's and E.M.'s Motion 7 records? Intervene for the purpose of unsealing 8 HR. BERGER: Yes, air. 9 THE COURT: Hero's what I think I know, and I tell 10 gaps of whet you know you this so that you can fill in the 11 you think I ought to that I don't know and suggest what 12 an some agreement do. It appears to me that there was 13 an addendum or agreement that was sealed and then 14 was sealed as to documents amendment to the agreement that 15 appears as though in the Court's files under seal and it 16 l those and take a the punitive interveners want to unsea 17 any of the proper peak at them. I don't see where 18 was ever followed to procedures to seal the documents 19 jumping out at me begin with. I don't know but it's not 20 when I reviewed the file. So, I'■ thinking that it might 21 be on the moving be appropriate and the burden might 22 in, to give them the party, being the State and Mr. Epste 23 -- hoops to seal the opportunity to jump through the bur 24 them sealed, then documents if they are entitled to have 25 EFTA00233749 June 10, 2009 Proceedings 5 ed to seal t. If they're not entitl I'll grant that reques 1 that's kind documents unsealed. Hut then I'll order it as 2 will allow think the case is. I of procedurally where I 3 to argue if they wish to, Mr. Berger and Ms. Shullman 4 Critton to Mr. Goldberger and Mr. otherwise I will go over 5 gestion. t they think about my sug to perhaps talk about wha 6 Mr. Berger? 7 what they say. MR. BERGER: I -- I•d like to hear 8 THE COURT: Ms. Shullman? 9 MS. BHULLMAN: Agreed. 10 THE COURT: Mr. Goldberger? 11 MR. GOLDBHRGER: Your Honor 12 y Just handed THE COURT: I mean, it looks like the 13 sign. up an Agreed Order to 14 if the Court -- I know the MR. GOLDBERGER: Well 15 in circuit here and the idea Court is trying to short 16 s actually it's not terrible, it' theory is not horrible, 17 ple of rt the Court to a cou not so bad. Hut let me ale 18 is not something that came up issues'. First of all, this 19 a hearing or were moving to close ahead of time where we 20 icial seal and the Rules of Jud file documents under 21 between important distinction Administration makes an 22 come up advance and things that things that are done in 23 goes to the the fact that maybe it during a hearing and 24 ing the course uations that arise dur Rule -- talk about sit 25 EFTA00233750 Proceedings June 10, 2009 6 of a hearing, that the Rules would not apply to that. 1 a Secondly, E.W.'s Notion to Intervene is brought under 2 Rule that does not apply because she brought it under a 3 Rule that applies to non -criminal cases. Having said that 4 and I I know the Court's desire to get to the issues here 5 because I 6 Just need to alert the Court to one other matter think it's really important. The Plaintiff's, E.N., has 7 this agreement already. They have this agreement. Counsel 8 will tell you they have this agreement. There have been 9 two hearings in front of Judge Marra who has the Federal 10 eases here. They moved to unseal the non -prosecution 11 agreement in front of Judge Marra. He entered an initial 12 Order, a very, very well reasoned Order which I have a 13 14 copy for the Court. THE COURT: Oh, thanks. 15 MR. ooLDSERORR: He entered a very, very well 16 reasoned Order weighing the interest of the Plaintiffs to 17 have access to the non -prosecution agreement with the 18 confidentiality that the parties intended to be part of 19 this agreement. And what he did, he said they can have 20 they 21 this agreement. They can review it all they want. If 22 went to review it with somebody else, they need to give disclosed 23 them a copy of this Order that it is not to be Rule 24 to anyone else. Subsequent to that -- so that's the that's in place right now. Subsequent to that the 25 EFTA00233751 Proceedings June 10, 2009 7 this Plaintiffs went back and said we want to disseminate 1 order. we want to disseminate this agreement to other 2 parties and Judge Werra entered a second Order denying 3 if you that request and said, no. My Order is in place but 4 agreement to have some compelling reason why you want this 5 back to be disseminated to others, file a motion and come 6 7 THE COURT: This is as a result of some civil 8 litigation pending in the Pederal Courthouse? 9 MR. GoLDBERGER: Yee. 10 THE COURT' As opposed to any criminal prosecution 11 going on? 12 MR. GOLDBERGER: It is civil proceedings that are 13 going on in Federal Court. But in the interest of comedy, 14 Your Honor, the Court has ruled on the confidentiality 15 into agreement and has put a well reasoned procedure 16 where place. If the parties want that agreement unsealed 17 they need to go is go back to Federal Court and Judge 18 Marra invited them to do so. 19 THE COURT' That may be as it pertains to E.M., but 20 what about The Poet? 21 MR. GOLDBERGER: I think -- and I think I know where 22 is the the Court is going on this. If The Poet's position 23 public haw right to act access to this then there is a 24 conduct procedure in place and ultimately the Court has to 25 EFTA00233752 Proceedings June 10, 2009 8 look at a hearing and do the balancing test where you 1 and whether there is some compelling government interest 2 So I have that's going to require an evidentiary hearing. 3 and no great objection to tiling the Request for Closure 4 then have a hearing in front of the Court. 5 THE COURT: Well, let's do -- I'm thinking out loud. 6 I'm not ruling. I will give you all a chance to argue 7 further, but this is what I'm thinking I will do, grant 8 It the Motion to Intervene. It gives standing to E.X. 9 gives standing to The eat to contest the fact that these 10 back on the were sealed. And then I will shift the burden 11 Court to State and Defendant, Mr. Epstein, to petition the 12 seal these documents. Until such time that I rule on that 13 been I will leave them under seal because they might hove 14 correctly sealed but the procedure wasn't followed. 15 the There's got to be notice. You've got to comply with 16 the Administrative order 2.307. You've got to comply with 17 Rule of Judicial Administration 2.420(d). I think even 18 though that's a civil it addresses a civil matter this 19 I'll is, you know, in the nature of a civil procedure. So, 20 where do we do that. And thank you for these Orders. So, 21 Mr. go fro■ here? I'm thinking out loud, not ruling. 22 Berger? 23 KR. BERBER: Judge, with all due respect I 24 ization of completely disagree with counsel's character 25 EFTA00233753 Proceedings June 10, 2009 9 up both to those two Orders. I don't know if he handed 1 You? 2 THE COURT: I do. 3 MR. BERBER: They simply do not say what he tells 4 you they say. 5 THE COURT: I'll read the■ -- 6 MR. BERUER: All right. 7 THE COURT: -- and I'll allow you to make that 8 argument -- 9 MR. BERBER: And -- and 10 THE COURT: -- at the time of tho Renewed Motion to 11 Seal. 12 MR. BERGER: All right. And, also, I don't think the 13 Court -- I think the Court needs to deal with this 14 that the immediately, expeditiously. This is a matter 15 And the supreme court has placed incredible scrutiny over. 16 only Rule that we art traveling under -- we're not 17 that traveling under a Rule of Judicial Administration 18 to an applies to criminal and civil cases, we're applying 19 when Administrative Order of this Court that was in place 20 sealing. the sealing was done and that superseded the 21 THE COURT, I -- 22 MR. BERBER: I'm just saying, I respectfully request 23 that the Court not delay this one minute. 24 THE COURT: You've got the agreements. 25 EFTA00233754 June 10, 2009 Proceedings 10 MR. BERGER: Pardon met 1 THE COURT: You've got the agreements anyway. You've 2 got what's under seal. 3 MR. BERGER: Judge, we cannot do anything with them. 4 THE COURT: Take that up with Judge Marra. 5 MR. BERGER: No, sir. That is not what the Order 6 tangible says. May I quote Judge Marra. •If a specific 7 be sought in need arises in a civil case the relief should 8 which are in that case.• In other words, the civil case■ 9 marra said front of Judge Hefei' is one forum that Judge 10 Court does not go to it. Judge Marra did not say that this 11 or to have jurisdiction to unseal its own sealed records 12 ization is vacate its own Order sealing. And any character 13 -- is false. 14 THE COURT: I'll take a look at it and I'll draw 15 says. I appreciate from it what it says -- what I think it 16 Please, it your zealous representation of your client. 17 appears as though you're yelling at me. 18 NB. SHULLMAN1 Your Honor? 19 THE COURT: Ms. Shullman? 20 MR. BERGER: Judge, Chia happaoss to be a very 21 our serious matter and every day of delay delays 22 discovery. 23 THE COURT: Ms. Shulloan? 24 MS. SHOLLMAN: Your Honor, if I may be heard on the 25 EFTA00233755 Proceedings June 10, 2009 11 right issue as well. As a representative of the public's 1 of access 2 THE COURT: Right. 3 MS. SHULLMAN: -- here essentially, I would agree 4 on this With Mr. Berger that we need an immediate hearing 5 I heard issue. That's what we're here to do today. I think 6 Your Honor say that he's not clear that the Procedures 7 reveal that were applied. My review of the record does not 8 similar to the procedures were complied with. My review is 9 d Your Honor's. It looks like sort of everybody approache 10 seal. the bench and Judge Pucillo said let's take it under 11 If Mr. Epstein's counsel is not prepared to go forward 12 this today and meet hia burden, then I would ask thet 13 the right Court eet a hearing as soon as practical because 14 then, solution here should be to unseal the records and 15 YOU know -- 16 THE COURT: I've crotchet. 17 MS. SHULLMAN: -- and they have to make a motion. 18 THE COURT. Well, what house is on fire? I mean, 19 got what is the -- I think what they have to do is they've 20 to give ten days notice pursuant to the Rule -- the 21 to Administrative Order, Rules of Judicial Administration, 22 prejudice is there? go through that process. What -- what 23 and What house is burning down if I say okay. State 24 the defense, go ahead and expeditiously move through 25 EFTA00233756 Proceedings June 10, 2009 12 process and lot's get this back on my docket as quickly as 1 notice possible and give them until Friday to tile their 2 and ten days after that we have an evidentiary hearing. I 3 the process then. What bad thing is going to 4 go through happen by waiting these extra twelve to fifteen days? 5 MS. SHOLLMAN: The bad thing that's going to happen, 6 Your Honor, is that the status quo in Florida is that the 7 constitutional right of access is openness. 8 THE COURT: Right. 9 MS. SHULIMAM: You know, certainly if Your Honor is 10 inclined to postpone this hearing I would ask that it be 11 done expeditiously as you suggest. 12 THE COURT: Yeah. 13 MS. SHULLMAN: You know, Friday and then ten days 14 thereafter, it just delays: access for another two weeks 15 16 and it infringes on our rights. THE COURT: I agree. Mr. Berger, I will In you 17 answer that same question. 18 MR. BERGER: I don't think -- 19 THE COURT: Anything specific rather than -- 20 MR. BERGER: Yes. 21 THE COURT: You know, anything closed that the 22 any 23 people are allowed to look at is a transgression and transgression is bad, but anything unique beyond that? 24 MR. BERGER: Your Honor -- Your Honor, I do not 25 EFTA00233757 Proceedings June 10, 2009 13 believe chat this Court has the jurisdiction to revisit 1 the propriety of the sealing of these records and give the 2 at Defendant or the state, for that matter, a second bite 3 the apple. If the records are settled improperly, which the 4 Court has said on its face that appears to have occurred, 5 to allow I do not believe that this Court has jurisdiction 6 the them a second bite at the apple to go through with 7 front notice requirements. They should have done that in 8 of Judge Pucillo a year ago and they did not do it. The 9 give Rule of Judicial Administration 2.420 simply does not 10 you 11 this Court the right to reactivate the procedure that outlined. 12 THE COURT; Okay. 13 HR. BERGER: Thank you. 14 THE COURT: Anything further, Hr. Goldberger or Hr. 15 Critton? 16 HR. Gol,DBERGER: Just note, Your Honor, as far as 17 the timing of this and we want to do this expeditiously, 18 two of course, this sealing occurred not last week, not 19 weeks ago, not four months ago but eleven and ono half 20 I 21 months ago. The Post reported this last July. So, we understand the right for the pubic to have access and 22 no want to do this as quickly as possible but there is 23 fire here. There is no house burning. 24 THE COURT: Then I'll go ahead and enter an Order as 25 EFTA00233758 Proceedings June 10, 2009 14 r's I've indicated, that is that I'll grant the intervene 1 that Motion to Intervene. You have standing. I will order 2 the State and/or the defense by noon Friday file a Notice 3 of -- comply with the Administrative order 2.303 and the 4 Judicial Rule -- the Rule of Judicial Administration 5 2.420, paragraph d, that outlines the procedures to seal 6 files in these types of cases and then we'll get a hearing 7 scheduled for argument on whether or not they will be 8 sealed. Until that time they will remain sealed because 9 Judge wucillo signed off on the Order and I'm not inclined 10 of the to disturb that until I find more about the merits 11 movant's position. 12 MR. GOLDBERGER: Thank you. 13 THE COURT: Anybody want to reduce any of that mess 14 to • written Order? 15 MR. EDWARDS: I'd like to Your Honor. I'd like to 16 know if you're going to give us a hearing date today. 17 THE COURT: I'll deal with that. Yeah. Let me give 18 you some time. How much time do you think it's going to 19 take? I don't think I'm going to have any surprises. How 20 much time do you think we need? A half hour? 21 MR. EDWARDS: Not more. I'd say an hour at the 22 23 longest. THE COURT: I'm not taking evidence or anything like 24 that. In the meantime, do you agree Lt would be prudent 25 EFTA00233759 Proceedings June 10, 2009 15 these for no to take a look and see what the content of 1 know things are so I can be articulate on what -- their 2 about? I didn't do that for today's hearing? 3 MR. GOLDBERGER: The defense 4 MR. EDWARDS: The non -prosecution agreement? 5 THE COURT: Right. Whatever is under seal. Whatever 6 it is that's under seal I'll take a look at it so that I 7 you all know Can at least have a feel for apparently what 8 and I don't. 9 HR. OOLDBEROCRe The defense has no objection. 10 THE COURT: Okay. I'll go ahead and road those two 11 that. sealed documents and I'll see you back here, assuming 12 now Hr. Goldberger and Mr. Critton gut that done between 13 How and Priday. Ten days from this Friday is the 22nd. 14 about we do this on the 25th at 1:30? 15 MR. GOLDBRRGER: Ona moment, Your Honor. That's fine 16 with me. 17 MR. BERGER: Thank you. 18 THE COURT: All right. Great. Thank you so much. 19 NR. GOLDBZROZR: Thank you, Judge. 20 (PROCEEDINGS CONCLUDED) 21 22 23 24 25 EFTA00233760 June 10, 2009 Proceedings 16 CERTIFICATE 1 2 3 rised to I, LOUANNE RAWLS, certify that I yea autho 4 Proceedings and that the and did digitally report the foregoing 5 d of my notes. transcript is a true and complete recor 6 7 Dated this 10th day of June, 2009. 8 9 10 LOUANN2 RAWLS, 1100578 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EFTA00233761 June 10, 2009 Proceedings 1 alert arises 4:9 5:4,7,8 character... A 5:18 6:6 10:8 8:23,24 9:4 8:25 10:13 acc articulate 9:7,10,13 circuit allow 7:24 15:2 9:23 10:1,4 1:1,1 5:16 5:3 9:8 13:6 access assuming 10:6,21 civil 7:24 allowed 6:18 15:12 11:5 12:17 7:8,13 8:19 11:2 12:8 12:23 Atterbury 12:19,21,25 8:19,20 amend ment 12:15 13:22 13:14 15:18 9:19 10:8,9 4:15 2:3 addendum Australian beyond clear and/or 4:14 12:24 11:7 14:3 2:3 addresses bit client announce authorized 8:19 3:15 3:21 10:17 3:9 16:4 adduced bite close answer Ave 3:4. 13:3,7 5:20 12:18 2:3 Adler Blvd closed Anybody Avenue 2:12 2:13 12:22 3:23 14:14 2:19 Administr... Brad Closu re 5:22 8:18 anyway An 1:4,4 3:24 8:4 9:18 11:22 10:2 a.m Bradley Colbath 13:10 14:5 apparently 2:11 3:11 1:17 3:4 15:8 1:19,19 3:6 Adainistr... 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3:10,10 chance 8:10 3:20,21,22 8:7 copy 2:2 9:9 14:8 EFTA00233762 June 10, 2009 Proceedings 2 1:3 evidence find 6:14,23 D docke t 14:24 14:11 correctly fine 12:1 evidentiary 8:15 3:1 14:6 15:16 documents 8:3 12:3 counsel date fire 4:15, 19,25 exped itio... 6:8 11:12 14:17 11:19 13:24 counsel's 5:2,21 8:13 9:15 11:25 Dated 12:12 13:18 First 8:25 15:12 16:8 extra 5:19 County draw day 12:5 FL 1:2,20 3:5 10:15 10:22 16:8 Drive 2:4,7,14,21 coupl e days 2:7 4:2 rlagler 5:18 11:21 12:3,5 due E.W 2:7 course 12:14 15:14 8:24 2:9 3:11,22 Florida 5:25 13:19 deal 1:2,6,21,24 3:24 4:7 Court 9:14 14:18 E 6:2,7 7:20 3:5 12:7 1:1 3:8,15 Deanna 8:9 followed E 3:18,20,23 2:17 3:12,17 2:13 3:1,1 4:19 8:15 4:1,3,7,10 Defendant F 3:21 16:1,1 following 5:9,11,13 1:13 2:2,5 F Edwards 3:3 5:15,16,18 8:12 13:3 2:11 3:11,24 16:1 foregoing 6:6,14,15 defense 3:24 4:2,2 face 16:5 7:8,11,14 11:25 14:3 7:15,18,20 14:16 ,22 13:5 tort 15:4,10 15:5 fact 2:14,21 7:23,25 8:5 delay 8:6,12 9:3 eleven 5:24 8:10 forum 9:24 10:22 13:20 false 10:10 9:6,8,11,14 delays 9:14,16,20 enter 10:14 forward 10:22 12:15 13:25 far 11:12 9:22,24,25 denying entered 13:17 four 10:2,5,11 7:3 10:15,20,24 6:12,16 7:3 Federal 13:20 desire entitled 6:10 7:9,14 Friday 11:3,14,17 6:5 4:25 5:1 7:18 12:2,14 14:3 11:19 12:9 ally 12:13,17,20 digit Epstein feel 15:14,14 12:22 13:1 16:5 1:11 3:8 4:6 15:8 front disagree 4:23 8:12 fifteen 6:10,12 8:5 13:5,6,11 13:13,15,25 8:25 Epstein's 12:5 10:10 13:8 14:14,18,24 disclosed 11:12 FIFTEENTH further 15:6,11,19 6:23 ESQUIRE 1:1 8:8 13:15 Courthouse discovery 2:2,6,10,11 file 1:20 3:5 7:9 10:23 2:17 4:21 5:21 Court's disseminate essentially 7:6 12:2 G 4:16 6:5 7:1, 2 11:4 14:3 3:1 criminal disseminated et files gaps 1:3 7:11 7:6 2:3,6 4:16 14:7 4:11 9:19 distinction everybody filing give Critton 5:22 11:10 8:4 4:23 6:22 2:6,6 4:5 distu rb everybody's fill 8:7 11:21 5:5 13:16 14:11 3:9 4:11 12:2 13:2 15:13 DIVISION EFTA00233763 June 10, 2009 Proceedings 3 5:22 6:7 10:10,11,21 LoCiero 13:10 14:17 hear 2:18 3:13 5:8 impro perly 11:11 13:9 14:18 15:20 longest heard 13:4 14:10 gives inclined Judicial 14:23 8:9,10 10:25 11:6 12:11 14:10 1:1 5:21 look go hearing incredible 8:18 9:18 8:1 10:15 5:5 7:18,18 5:20,24 6:1 9:16 11:22 13:10 12:23 15:1 8:22 10:11 8:1,3,5 14:5, 5 15:7 11:12,23,25 11:5,14 indicated 14:1 July looks 12:4 13:7 12:3,11 14:7, 17 infri nges 13:21 5:13 11:10 13:25 15:11 ne 15:3 12:16 jump Louan goes 16:4,11 hearings initial 4:24 1:23. 5:24 6:12 jumpi ng loud going 6:10 HELD intended 4:20 8:6,22 7:12,14,23 6:19 June 8:3 12:4,6 1:16 14 interest 1:18 3:6 14:17,19,20 Honor Marra Goldberger 3:10,12 4:4 6:17 7:14 16:8 5:12 7:15 8:2 jurisdiction 6:10,12 7:3 2:2,3 4:4,5 10:19,25 Intervene 10:12 13:1,6 7:19 10:5,7 5:5,11,12 11:7 12:7 4:8 6:2 8:9 10:10,11 5:15 6:16 K r 12:10,25,25 14:2 matte 7:10,13,22 13:17 14:16 intervener s kind 6:6 8:19 13:15,17 15:16 5:2 9:15 10:22 14:13 15:4 4:17 know 13:3 15:10,13,16 Honorable intervener's 1:17 3:4 6:10, 11,12 mean 15:20 14:1 good Honor's invited 4:20 5:15 5:13 11:19 6:5 7:22 meet 3:20,21 11:10 7:19 gotcha hoops issue 8:20 9:1 11:13 11:16 12:10 merits 11:17 4:24 11:1,6 horrible 12:14,22 14:11 government issues 14:17 15:2 MOOS 8:2 5:17 5:19 6:5 hour 15:8 14:14 grant 8:8 14:1 3:6 14:21 ,22 minute 5:1 house 9.24 great Las momen t 8:4 15:19 11:19,24 1:17 2:10,11 2:13 15:16 13:24 3:10 Lauderdale months hur Jack 2:14,21 13:20,21 Hafele 4:24 2:2 4:5 leave morni ng 10:10 Jeffr ey I 8:14 3:20, 21 half 1.11,17 3:4 idea let's motio n 13:20 14:21 4:6 8:6 11:11 4:7 6:2 7:6 handed 5:16 JA iate 12:1 8:9 9:11 5:13 9:1 immed 2:6 litigation 11:18 14:2 happen 11:5 Judge immediatel y 7:9 movan t's 12:5,6 ' 3:25 6:10,12 little 14:12 happens 9:15 7:3,18 8:24 10:21 important 10:4,5,7,10 3:15 move EFTA00233764 June 10, 2009 Proceedings 4 objection 10:1 11:23 12:1 13:23 11:25 8:4 15:10 part prepa red Quo moved 6:19 11:12 12:7 6:11 occurred parties proce dural ly quote moving 13:5,19 Office 6:19 7:3,17 5:3 10:7 4:22 5:20 1.25 party proce dure It N Oh 2:9,16 4:23 7:16,25 8:15 peak 8:20 13:11 N 6:15 4:18 procedures 3:1 16:1 2:7 3:1 okay pendi ng 4:19 11:7, 9 Rawls name 4:3 11:24 13:13 15:11 7:9 14:6 1:23 16:4,11 4:1 s react ivate peopl e proce eding nature Olas 12:23 1:16 3:3 13:11 8:20 2:13 pertains 7:13 15:21 read need openness 7:20 16:5 9:6 15:11 6:6,22 7:18 12:8 y petit ion proce ss reall 10:8 11:5 opportunity 8:12 11:23 12:1, 4 6:7 14:21 4:24 PL proper reason needs opposed 2:18 4:18 7:5 9:14 7:11 ned place propr iety reaso non-criminal order 6:25 7:4,17 13:2 6:13, 17 7:16 6:4 5:2,14 6:13 7:25 9:20 prose cutio n recor d non-party 6:13,17,23 placed 7:11 3:9 11:8 3:11,13 7:2,3,4 8:17 9:20 9:16 prude nt 16:6 non-prose... ds 10:6,13 Plaintiff 14:25 recor 6:11,18 15:5 4:8 10:12 noon 11:22 13:25 1:8 pubic 14:2,4,10 Plaintiffs 13:22 11:15 13:2 14:3 c 13:4 14:15 6:17 7:1 publi NOs reduc e Order s Plain tiff' s 1:24 7:24 1:4 14:14 Notary 8:21 9:1 6:7 ough t Pleas e 11:1 relief 1:24 10:8 4:12 10:17 Pucil lo note remain outli ned posit ion 11:11 13:9 13:17 14:9 13:12 7:23 14:12 14:10 noted WIREM PERED outlines possible punit ive 3:7 3:3 14:6 12:2 13:23 4:17 notes Renewed Post Purpose 16:6 9:11 P 2.16 3:14,16 4:8 notice repor t P 7:21 8:10 pursu ant 8:16 11:21 16:5 3:1 13:21 11:21 12:2 13:8 reported Palm postpone put 14:3 1:23 13:21 N.S 1:2,20,21,25 12:11 7:16 2:4,7 3:5,5 Post' s repre sent... 2:19 3:13 4:7 7:23 10:17 O paragraph practical question represent... 14:6 11:14 12:18 11:1 O Pardo n preju dice quickly request 3:1 EFTA00233765 June 10, 2009 Proceedings 5 3:17,17,19 Ste 14:13 15:18 5:1 7:4 8:4 11:22 3:20 5:4,9 2:7 15:19,20 9:23 ruling 5:10 10:19 Subse quent thank s require 8:7,22 10:20 ,24,2 5 6:24, 25 3:25 6:15 8:3 theory S 11:4, 18 sugge st requirements 5:17 12:6,10,14 4:12 12:12 13:8 thing 3:1 4:7 6:2 side sugge stion respect saying 4:4 5:6 12:4,6 8:24 thing s sign Suite respectfully 9:23 5:23, 23 15:2 9:23 says 5:14 2:3,13,20 signe d super seded think result 10:7,16,16 scheduled 14:10 9:21 4:10,12 5:3 7:8 5:6 6:7 14:8 simil ar Supre me reveal 7:22,22 scrutiny 11:9 9:16 11:8 8:18 9:13 9:16 simpl y surpr ises review 9:14 10:16 9:4 13:10 14:20 6:21,22 11:8 seal 11:6,20 4:16,19,24 sir 11:9 12:19 14:19 reviewed 5:1,21 8:13 4:9 10:6 3:18' situations S-H-U-L-L... 14:20,21 4:21 8:14 9:12 thinking revisit 10:3 11:11 5:25 3:19 15:6, 7 slow 4:21 8:6,8 13:1 14:6 T 8:22 right sealed 3:15 Third 6:25 7:24 4:14,15,25 solution T 16:1,1 2:9,16 9:7,13 11:1 8:11, 15 11:15 Thoma s 11:3,14 10:12 13:4 somebody take 2:18 3:13 12:8,9 14:9,9 6:22 4:17 10:5,15 soon 11:11 14:20 time 13:11,22 15:12 sealing 11:14 15:1,7 5:20 8:13 15:6,19 9:11 14:9 rights 9:21,21 sort talk 14:19,19,21 12:16 10:13 13:2 11:10 5:6,25 timin g Robert 13:19 sought tangible second 10:7 13:18 2:6 4:5 10:8 7:3 13:3, 7 South tell today Rosenfeldt 11:6,13 2:12 Secon dly 2:3 4:10 6:9 tells 14:17 Rothstein 6:2 specific today's 2:12 See 10:7 12:20 9:4 4:18 15:1, 12 ed ten 15:3 rule spell 12:3 to-wit 5:25 6:3,4 serio us 4:1 11:21 6:24 8:13 10:22 standing 12:14 15:14 3:7 terrible transcript 8:18 9:17 set 8:9,10 14:2 5:17 16:6 9:18 11:21 11:14 State transgres... 13:10 14:5 shift 1:6,24 3:8 test 8:12 8:1 12:23,24 14:5 8:11 4:23 trave ling ruled short 11:24 13:3 testimony 9:17, 18 7:15 5:16 14:3 3:4 true Rules Shuliman status thank 12 12:7 8:21 13:14 16:6 5:21 6:1 2:17 3:12, EFTA00233766 June 10, 2009 Proceedings 6 6:17 1:19 trying wen t 1400 515 5:16 lve 7:1 2:3 2:7 twe West 1500 12:5 1:21,25 2:4 2:20 two 2:7 3:5 1650 6:10 9:1 2:13 12:15 13:19 we'll 15:11 14:7 2 types we' re 9:1 7,19 11:6 2.303 14: 7 William 8:17 14:4 17 2:10 3:10 2.420 wish 13:10 14:6 ultimately 5:4 2.420(d) 7:25 words 8:18 understand 10:9 2006-C19454 13:22 written 1:4 unique 14:15 2008-C19381 12:24 eal 1.4 uns 2009 4:17 6:11 10:12 11:15 Yeah 1:18 3:6 12:13 14:18 16:8 unsealed year 22nd 5:2 7:17 13:9 15:14 unsealing yelling 25th 4:8 10:18 15:15 1 250 vacate z 2.3 10:13 zealous 3 VS 10:17 3rd 1:9 3:8 2.19 W #100570 33301-1181 waiting 1:25 16:11 2:21 33394 12:5 1 2.14 want 183 0 33401 4:17 6:21,22 7:1,2,5,17 15:15 2:4 13:18,23 10 33401-4349 14:14 1:18 3:6 2:7 wasn't 10t h 4 8:15 16: 8 week 101 400 13:19 2:19 2:7 weeks 11: 00 401 12: 15 13: 20 1:1 9 3:6 2:13 weighing 11:25 EFTA00233767 BEACH COUNTY, TH JUDICIAL CIRCUIT IN AND FOR FAIR IN THE CIRCUIT COURT OF THE FIFTEEN FLORIDA CRDDNAI. DIVISION STATE OF FLORIDA, Plaintiff, vo. JEFFREY EPSTEIN, Defendant. HONORARTI. JEFFREY j PROCEEDINGS HELD BEFORE THE COLHATH JUNE 10, 2009 11:00 A.M. - 11:25 DAUS BEACH coutent COURTHOUSE WEST PALM BEACH, FLORIDA Public, State of Reported by Doyenne Pawls Notary Florida West Palm Beach Office *100578 EFTA00233768 June 10, 2009 Proceedings APPEARANCES: On behalf of the Defendant JACK ALAN GOLDBERGER, ESQUIRE Atterbury, Goldberger, et al. On behalf of the Defendant ROBERT CRITTON, JR., ESQUIRE Burman, rr4tfnn or al. On behalf of Third Party E.W. WILLIAM J. BERGER, 1 ESQUIRE BRADLEY J. EDWARDS, ESQUIRE 1 Rothstein Rosenfeldt Adler 1 1 14 15 1 On behalf of Third Party, The Post DEANNA 17 SHULLMAN, ESQUIRE Thomas, LoCiero & 18 19 20 21 22 23 2 2 EFTA00233769 June 10, 2009 Proceedings PROCEEDINGS before the proceedings wore had and testimony adduced BE IT REMEMBERED that the following West Palm BeaCh, Florida beginning Palm Beach County Courthouse, Honorable Jeffrey COlbath. at the 10, 2009, with appearances as herein noted to-wit: at the hour of 11:08 a.m. On June everybody's se have for the record, announce THE COURT: State vs. Epstein. Let appearance. Edwards for non- I . BERGER: Your Honor, William J. Borger and Bradley party B.W. Thaws. LoCiero a °Taloa for non-party Y4, PRILLOGN, Your Honor. Mavis Shalloan or The Pa 1n beach Post. bit. On behalf of The Post is? THE COURT: Lot re slow down a little COURT: S-H -U- MS. RIPUIJ.MN: Deanna Shullman. THE I.. - MS. SHULLMAN: S-H-U-L-L-M-A-N. . Hr. Borger, good morning And Mr. Berger, THE COURT: Ma. Shullman, good morning your client is B - M. StRGE.P. L.N.. yOO THE COURT: Anybody tie. here? B.W. as well, Judge Thanks. MR ESPORng: Brad Edwards on behalf of EFTA00233770 June 10, 2009 Proceedings THE COURT: Last name is spelled? KM. MUMS: Edwards. a-A-R-0-S. THE COURT: Okay. along with MR. GOLDBERGER: For the other aide, Your Honor, Jack Goldberger Robert Critton co behalf of Jeffrey Epstein. of 11IE COURT: It is the Post's and E.S.'s Motion to Intervene for the purpose unsealing records? MM. bERCSA! Yee, Sir. THE COURT: Here's what I think I know. and I tell you this so that you can fill in think I ought to do. It the gaps of what you know that I don't know and suggest what you and then an appears to me that there was sure agreement -- an agreement that was sealed the Court's files addendum or amendment to the agreement that was sealed as to documents in unseal those and take a under seal and it appears as though the punitive interveners want to documents was ever peak at them. I don't see where any of the proper procedures to seal the when I reviewed the followed to begin with. I don't know but it's not jumping out at me sieving file. So, I'm thinking that it might be appropriate and the burden might be on the lump through the hur -- party, being the State and Mr. Epstein, to give them the opportunity to sealed, then hoops to seal the documents if they are entitled to have them EFTA00233771 June 10, 2009 Proceedings I'll order at as documents they're not entitled to seal then I'll grant that request. If will allow Mr. procedurally where I think the case is. I unsealed. But that'S kind of to Mr. if they wish to, otherwise I wall go over Berger and Ma. Shullman to argue my suggestion. Mr. talk about what they think about Goldberger and Mr. Critton to perhaps Berger? Shull:man? what they say. THE COURT: Hs MR. BERGER, I -- I'd like to hear HZ. SHULLXAM: Agro.04. GOLDBERGER: Your THE COURT: Mr. Goldberger? MR. Honor - to sign. they just handed up an Agreed Order THE COURT: I mean, it looks like short circuit -- I know the Court is trying to MR. GOLDBERGER: Well, if the Court actually not so bad. horrible, it's not terrible, it's here and the idea in theory is not this is not something that a couple Of locusts. First of all, But let me alert the Court to documents under seal moving to close a hearing or file came up ahead of time whore we wore tion between things that tration makes an important distinc and the Rules of Judicial Adminis fact that maybe at come up during a hearing and the aro done in advance and things that ons that arise during the course goes to the Rule -- talk about situati EFTA00233772 June 10, 2009 Proceedings Intervene apply to that. Secondly. If.W.'s Motion to of a hearing, that the Rules would not Rule that apply because she brought it under a is brought under a Rule that does not the that I know the Court's desire to get to applies to non-criminal cases. Having said its Court to one other matter because I think issues here and I just need to alert the have this really important. The Plaintiff's, E.W., has this agreement already. They hearings in have this agreement. There have been two agreement. counsel will tell you they non- cases here. They moved to unseal the front of Judge Marra who has the Federal He entered an initial Order, a very, very prosecution agreement in front of Judge Marra. for the Court. well reasoned order which I have a copy THE OOJRT: Oh. thanks. reasoned order weighing the MR. GOLDBERGER: He entered a very, very well to the non-prosecution agreement with the interest of the Plaintiffs to have access he did, to be part of this agreement. And what confidentiality that the parties intended to They can review it all they want. If they want he said they can have this agreement. is not to give them a copy of this Order that it review it with somebody else, they need. in place ent to that -- so that'S the Rule that's to be disclosed to anyone else. Subsequ right now. Subsequent to that the EFTA00233773 June 10, 2009 Proceedings disseninate to disseminate this Order. We want to Plaintiffs went back and said we want that request Judge Marra entered a second Order denying this agreement to other parties and you want this if you have some cospolling reason why and said, no. My Order is in place but file a notion and cane beck to agreement to be disseminated to others. civil litigation pending in the THE COVRT: This is as a result of some Federal Courthouse? MR. OCILDBF2CER: Yes l prosecution going on? THE COURT: As opposed to any crimina that are going on in Federal Court. But MR. GOLDBERGER, It is civil proceedings y the Court has ruled on the confidentialit in the interest of comedy. Your Honor, want that d procedure into place. If the parties agreement and has put a well reasone Yarra go is go back to Federal Court and Judge agreement unsealed where they reed to invited them to do so. s to S.W., but what about The Post? THE ODUPT: That may be as it pertain I know where the Court is going on this. MR. COLCHEICAM: I think -- and I think right to acc access to this then there is a The Post's position is the public has the Court has to conduct procedure in place and ultimately EFTA00233774 June 10, 2009 Proceedings compelling where you look at whether there is are a hearing and do the balancing teat no great to require an evidentiary hearing. So I have government interest and that's going of the Court. Closure and then have a hearing in front objection to filing the Request for out loud. I'm not ruling. I will give TICE COURT: Well, let's do -- I'm thinking the is what I'm thinking I will do. grant you all a chance to argue further, but this contest the E.W. It gives standing to The Post to Motion to Intervene. It gives standing to and I will shift the burden back on the State fact that these were sealed. And then that to seal these documents. Until such time DeferdAnt, Mr. Epstein, to petition the Court ly sealed seal because they might have been correct I rule on that I will leave them under with the got to be notice. You've got to comply but the procedure wasn't followed. There's comply with the Rule of Judicial Administration Administrative order 2.303. You've got to you -- it addresses a civil matter this is, 2.420(O). I think oven though that's a civil for these Orders. know, in the nature of a civil procedure. So. I'll do that. And thank you g out loud, not ruling. ld. Berger? So, where do we go from here? I'm thinkin I completely disagree with counsel's MR BURGER: Judge, with all due respect characterization of EFTA00233775 June 10, 2009 Proceedings he handed up both to those two Orders. I don't know if you') THE COURT: i do. what ha tells you they aay. PER. BERGER: They 'limply do not nay read them -RR. BERGER: All THE COURT: right, that argument - THE COURT: -- and I'll allow you to make MR. BERGER: And -- end - Renewed Ration to THE COURT: -- at the tine of the Seal. I don't think the Court -- I think the Court 'R.R. BERGER: All right. And, also, Supreme Court expeditiously. This is a matter that the needs to deal with this immediately. not And the Rule that we are traveling under -- we're has placed incredible scrutiny over. criminal and civil l Administration that applies to only traveling under a Rule Of Judicia place when the trative Order of this Court that was in cases, we're applying to an Adminis ded the sealing. sealing was done and that superse THE COURT: I - that the Court not delay this Jai BERGER 'm just saying, I respectfully request one minute. nts. THE COURT: You've get the agreeme EFTA00233776 June 10, 2009 Proceedings 1 MR. ➢ERGER: Pardon me? anyway. You've got what•s under seal. THE COURT: You've got the agreements with then THE COURT: Take that up with BinimiR: Judge, we cannot do anything ✓Udgc Marra. 'If the Order says. May I quote Judge Marra. MR. ➢EAGER: No, sir. That is not %Tat in that case.' civil case the relief should be sought a specific tangible need arises in a forum that Judge are in front of Judge Hafele is one In other words, the Civil cases which Jurisdiction to not say that this Court does not have Marra said go to it. Judge Marra did characterisation vacate its own order scaling. And any unseal its own sealed records or to is -- is false. -. what I it and I.11 draw from it what it says THE COURT: I'll take a look at it appears representation of your client. Please, think it says. I appreciate your zealous as though you're yelling at me. Ms. MS. SHULUVVi: Your Honor? THE (tORT: Shullnan? a very serious patter and ovary MR. ➢PJtCER: Judge, this happens to be day of delay delays our discovery. THE COURT: YS. Shullman? heard on the MS. SRUL:MAN: Your Honor, it I may be EFTA00233777 June 10, 2009 Proceedings 1 of the public's right of access - issue as well. As a representative THE COURT: Right. that we need an I would agree with Mr. Borger MS. SHUI1NAN, -- here essentially, I think I hoard Your That's what we're here to do today. immediate hearing on this issue. of the record doom the procedures wore applied. My review Honor say that he's not clear that to Your Honor's. It complied with. My review is similar not reveal that the procedures wore let's take it under hed the bench and Judge Pucillo said looks like sort of everybody approac today and meet his burden, then counsel is not prepared to go forward seal. If Mr. Epstein's solutio n hearing as soon am practical because the right I would ask that this Court set a and then, you knew - here should be to unseal the records THE COURT: I've gotcha. is on a motion. THE COURT: Well, what house MS. SHULLMAN: -- and they have to make to give ten days what they have to do is they've got fire? 1 mean, what is the -. I think l Araninistration, AdMinistrative Order, Rules of Judicia notice pursuant to the Rule -- the house is burning down if -- what prtoudloo is there? What to go through that process. What through the , go ahead and expeditiously move I say okay. State and defense EFTA00233778 June 10, 2009 Proceedings 1 as quickly as 2 process and let', got this back on my docket days after that we have Friday to file their notice and ten possible and give them until thing is going to happen through the process then. %Mat bad an evidentiary hearing. I go fifteen days? by waiting those extra twelve to to happen, Your honor. a that the statue going MS. SHVLBIAN: The bad thing that's s. utional right of access as opennes quo in Florida is that the constit THE COURT Right. hearing Toms Honor le snellnard to postpone this HS. SHULISUH, You know, certainly it evoly as you suggest. scald ask that it be done expeditl TIM COUP?, Yeah. delays then ton days thereafter, at just MS. SWILISENH; You know, Fridley and it infringes on our rights. access for another two weeks and question. will lot you answer that same THE COURT: I agree. Hr. Borger, I MR. BERGER I don't think - rather than -MR. BERGER: Yes. THE COURT: Anything specific at is that the people are allowed to look THE COURT: You know, anything closed ession is bad, but anythin g unique beyond that? a transgression and any transgr : do not HA. UtACCA. Your senor -- Your Honor. EFTA00233779 June 10, 2009 Proceedings 1 of ction to revisit the propriety of the sealing believe that this Court has the Jurisdi at the or the State, for that matter, a second bite these records and give the Defendant face that apple. It the records are sealed imprope rly, which the Court has said on its allow them a that this Court has jurisdiction to appears to have occurred, I do not believe done the notice requirements. They should have second bite at the apple to go through with l ago and they did not do it. The Rule of Judicia that in front of Judge Pucillo a year re this Court the right to reactivate the procedu Administration 2.420 simply does not give that you outlined. THE °DIRT: Okay. )R. OXRCIERI :bank you. ger or Mr. Critton? THE COURT: Anything further. gr. Goldber far as the timing of this and we MR. GOLDBERGER: Jun note, Your Honor, as not two this sealing occurred not last week, want to do this expeditiously, of COULSO. d and one halt months ago. The Post reporte rooks ago, not four months ago but eleven this last July. SO, 7, as have access and we want to do this as quickly understand the right for the pubic to is no house burning. possible but there is no fire here. There Order as THE COURT: Then I'll go ahead and enter an EFTA00233780 June 10, 2009 Proceedings Intervener'. Motion to Intervene. You have I've indicated, that is that I'll grant the of -- the deign by noon Friday file a Notice standing. I will order that the State and/cm and the Jbdicial Rule -- the Rule of Judicial only with the Administrative Order 2.303 Administration and ne. to seal file, in tbama type. of ease. 2.420, paragraph d, that outline* the prof:O on whether or not they will be misled. then we'll pot a blaming andnleci for ~want Judge Sunlit° *limed off on the order and Until that time they vill inain .waled because I'm not inclined ~It. of the movant'm position. to disturb that until I find more nut the ML flana you. that seas to a written Order? TIM COURT: Anybody want to reduce any of to know if you're going to give Wt. EDWARDS: I'd like to Your honor. I'd like deal with that. Yeah. 1st ma give us a hearing date today. TSB COURT: I'll to it's going to take? I don't think I'm going you some time. Now much time do you think think we and? A half hour? have any surprl000. Nov such time do you . M. EDWARDS: Not moms. I'd say an hour at the longest g like that. In the meantime, do you IRE COURT: I'm not taking evAchance or anythin ours. It would be prudent EFTA00233781 Proceedings June 10, 2009 1 so I can be for me to take a look and see what the content of these things are hearing? articulate on what -- their know about? I didn't do that for today's MR. GOLDBLAGMR: The defense - MR. Eowa.PDS, The non-prosecution agreiseantl under seal I'll THE COURT: Right. whatever is under seal. Whatever it is that's what you all know and take a look at it so that I can at least have a feel for apparently I don't. MR. OOtDBRRG£R: The defense has no objection. see THE COURT: Okay. I'll go ahead and read those two sealed documents and I'll between now and you back hero, assuming that Mr. Goldberger and Mr. Crittce get that done the 25th at 1:30? Friday. Ten days from this Friday is the 22nd. How about we do this on 1G. G0IDB£RGIR: One moment. Your uonor That'll fine with SO. MR. B£RGER Thank you. C0LIM: AII fight. Great 'Munk you so 'Lull. NA COLCOXRGUR: Thank you, Judge. I CR0CERDMICS COHCLUUra) EFTA00233782 June 10, 2009 Proceedings 1 CLATIFICATIt authorised to and did digitally report the I, Latakia RAMS, certify that I vs. record of ay notes. ipt is a tree and Caplets foregoing proceedings and that the transcr Dated this 10th day of June, 2009. LC AN RIMS, 1100511 EFTA00233783 Proceedings June 10, 200 9 1 alert arises 4:9 5:4,7,8 character... A 5:18 6:6 10:8 8:23,24 9:4 8:25 10:13 acc allow articulate 9:7,10,13 circuit 7:24 5:3 9:8 13:6 15:2 9:23 10:1,4 1:1,1 5:16 access allowed assuming 10:6,21 civil 6:18 1:24 12:23 15:12 11:5 12:17 7:8,13 8:19 11:2 12:8 amendment Atterbury 12:19,21,25 8:19,20 12:15 13:22 4:15 2:3 13:14 15:18 9:19 10:8,9 addendum and/or Australian beyond clear 4:14 14:3 2:3 12:24 11:7 add announce authorized bit client 8:19 3:9 16:4 3:15 3:21 10:17 adduced answer Ave bite close 3:4 . 12:18 2:3 13:3,7 5:20 Adler Anybody Avenue Blvd closed 2:12 3:23 14:14 2:19 2:13 12:22 Administr... anyway Ars Brad Closure 5:22 8:18 10:2 1:4,4 3:24 8:4 9:18 11:22 apparently Bradley Colbath 13:10 14:5 15:8 1:19,19 3:6 2:11 3:11 1:17 3:4 Administr... appearance Bralow come 8:17 9:20 3:9 B 2:18 3:13 5:23 7:6 11:22 14:4 appearances back brought comedy advance 2:1 3:7 7:1,6,18 6:2,3 7:14 5:23 appears 8: 11 12: 1 burden compelling ago 4:13,16 15: 12 4:22 8:11 7:5 8:2 13:9,20,20 10:18 13:5 bad 11:13 complete 13:21 apple 5: 18 12:4, 6 Burman 16:6 agree 13:4,7 12 :24 2:6 completely 11:4 12:17 applied balancing burning 8:25 14:25 11:8 8: 1 11:24 13:24 complied Agreed li Beach 11 9 5:10 app • 14 es 4 9 1:2 19 20 C m 6 21 1 25 p CO agreement y apply 2:4,7 3:5,5 C 8:16,17 14:4 4:13,14 15 12 6:1,3 3:13 3:1 16:1,1 CONCLUDED 6:8 8 EFTA00233784 Proceedings June 10, 2009 2 1:3 evidence find 6:14,23 D docket 14:24 14:11 correctly d 12:1 evidentiary fine 8:15 3: 1 14: 6 documents 8:3 12:3 15:16 counsel date 4:15,19,25 expeditio... fire 6:8 11:12 14:17 5:2,21 8:13 9:15 11:25 11:19 13:24 counsel's Dated 15:12 12:12 13:18 First 8:25 16:8 draw extra 5:19 County day 10:15 12:5 FL .1:2,20 3:5 10:22 16: 8 Drive 2:4,7,14,21 couple days 2:7 4:2 Flagler 5:18 11:21 12:3,5 due E.W 2:7 Course 12:14 15: 14 8:24 2:9 3:11,22 Florida 5:25 13:19 deal 3:24 4:7 1:2,6,21,24 Court 9: 14 14: 18 it 6:2,7 7:20 3:5 12:7 15 1:1 3:8 Deanna 20 8:9 followed 3:18 23 2:17 3:12 17 4:1 4:19 8:15 3 2:13 3:1 7 1 10 Defendant 3:21 16:1 11 following 1 13 5:9 1:13 2:2 5 Edwards r 3:3 5:15,16,18 8:12 13:3 2:11 3:11,24 16:1 foregoing 6:6,14,15 defense 3:24 4:2,2 face 16:5 7:8,11,14 11:25 14:3 14:16,22 13:5 Fort 7:15,18,20 15:4 10 15:5 fact 2:14,21 7:23,25 8:5 . delay eleven 5:24 8:10 forum 8:6,12 9:3 9:24 10:22 13:20 false 10:10 9:6,8,11,14 delays enter 10:14 forward 9:14,16,20 10:22 12:15 13:25 far 11:12 9:22,24,25 denying entered 13:17 four 10:2,5,11 6:12,16 7:3 Federal 13 10:15,20,24 7:3 20 entitled 6:10 7:9 11:3,14,17 desire 14 Frida EFTA00233785 June 10, 2009 Proceedings hear 5:22 6:7 10:10,11,21 LoCiero 13:10 14:17 5:8 improperl y 11:11 13:9 2:18 3:13 14:18 heard 13:4 14:10 15:20 longest gives 8:9, 10 10:25 11:6 inclined Judicial 14:23 hearing 12:11 14:10 1:1 5:21 look go 5:20,24 6:1 incredible 8:18 9:18 8:1 10:15 5:5 7:18,18 9:16 , 11:22 13:10 12:23 15:1 8:22 10:11 8:1,3,5 11:5, 14 indicated 14:5,5 15:7 11:12,23,25 12:3,11 14:1 July looks 12:4 13:7 14:7, 17 infringes 13:21 5:13 11:10 13:25 15:11 15:3 12:16 Louanne goes hearings initial 4:24 1:23 16:4,11 5:24 6:10 6:12 jumping loud going intended 4:20 8:6,22 7:12,14,23 mao 8:3 12:4,6 1:16 6:19 June 14:17,19,20 Honor interest 1:18 3:6 3:10,12 4:4 6:17 7:14 16:8 Marra Goldberger 5:12 7:15 8:2 jurisdiction 6:10,12 7:3 2:2,3 4:4,5 10:19,25 Intervene 10:12 13:1,6 7:19 10:5,7 5:5,11,12 11:7 12:7 4:8 6:2 8:9 10:10,11 5:15 6:16 12:10,25,25 14:2 a matter 7:10,13,22 13:17 14:16 interveners kind 6:6 8:19 13:15,17 15:16 4:17 5:2 9:15 10:22 14:13 15:4 Honorable mntervene r's know 13:3 15:10,13,16 1:17 3:4 14:1 4:10,11,12 mean 15:20 Honor's invited 4:20 5:15 5:13 11:19 good 11:10 7:19 6:5 7:22 moat 3:20,21 hoops issue 8:20 9:1 11:13 gotcha 11:17 4:24 111,6 11:16 12:10 merits horrible issues 12:14,22 14:11 government 5:17 5:19 6:5 14:17 15:2 mess 8:2 hour 15:8 14:14 grant 3:6 14:21,22 minute 5:1 8:8 14:1 house J L 9:24 great 8:4 15:19 11:19,24 1:17 2:10,11 Las moment 13:24 3:10 2:13 15:16 hur Jack Lauderdal e months H 4:24 2:2 4:5 2:14,21 13:20,21 Hskk Jeffrey leave morning 10:10 1:11,17 3:4 8:14 3:20,21 half idea 4:6 let's motion 13:20 14:21 5:16 JR 8:6 11:11 4:7 6:2 7:6 handed immediate 2:6 12:1 8:9 9:11 5:13 9:1 11:5 Judge litigatio n 11:18 14:2 happen immediately 3:25 6:10,12 : 9 movant's 12:5,6 9:15 7:3,18 8:24 little 14:12 happens 1021 important 10:4,5,7,10 3:15 move EFTA00233786 Proceedings June 10, 2009 4 10:1 11:23 12:1 13:23 11:25 objection part prepared quo noved 8:4 15:10 6:19 11:12 12:7 6:11 occurred parties procedurally quote noving 13:5,19 6:19 7:3,17 5:3 10:7 4:225:20 Office 1:25 party procedure 7:16,25 8:15 R N Oh 2:9,16 4:23 6:15 peak 8:20 13:11 N 4:18 proce dures 3:1 16:1 2:7 3:1 okay pendi ng 4:19 11:7,9 Rawls name 4:3 11:24 7:9 14:6 1:23 16:4,11 4:1 13:13 15:11 people proceedings reactivate nature Olas 12:23 1:16 3:3 13:11 8:20 2:13 pertains 7:13 15:21 read need openness 7:20 16:5 9:6 15:11 6:6,22 7:18 12:8 petit ion proce ss really 10:8 11:5 opportunity 8:12 11:23 12:1,4 6.7 14:21 4:24 PL prope r reason needs opposed 2:18 4:18 7:5 9:14 7:11 place propr iety reasoned non-criminal order 6:25 7:4,17 13:2 6:13,17 7:16 6:4 5:2,14 6:13 7:25 9:20 prosecution record non-party 6:13,17,23 place d 7:11 3:9 11:8 3:11,13 7:2,3 ,4 9:16 prudent 16:6 non-prose... 8:17 9:20 Plaintiff 14:25 records 6:11,18 15:5 10:6,13 1:8 pubic 4:8 10:12 noon 11:22 13:25 Plaintiffs 13:22 11:15 13:2 14:3 14:2,4,10 6:17 7:1 public 13:4 NOS 14:15 Plaintiff's 1:24 7:24 reduce 1:4 Orders 6:7 publi c's 14:14 Notary 8:21 9:1 Pleas e 11:1 relief 1:24 ought 10:17 Pucillo 10:8 note 4:12 position 11:11 13:9 remain 13:17 outlined 7:23 14:12 14:10 14:9 noted 13:12 possi ble punit ive RWC8O8RED 3.7 outlines 12:2 13:23 4:17 3:3 notes 14:6 Poet purpose Renewed 16:6 9:11 2:16 3:14,16 4:B not1C4 report 7:21 8:10 pursuant 8:16 11:21 16:5 3:1 13:21 11:21 12:2 13:8 postp one put reported 14:3 Palm 12:11 7:16 1:23 13:21 N.8 1:2,20,21,25 Post's represent... 2:19 2:4,7 3:5,5 4:7 7:23 10:17 3:13 pract ical question represent... O paragraph 11:14 12:18 11:1 O 14:6 prejudice quickly request 3:1 Pardon EFTA00233787 June 10, 2009 Proceedings 2:7 14:13 15:18 5:1 7:4 8:4 11:22 3 17, 17, 19 3 2 Ste 15:19,20 Subsequent 9:23 ruling 06:4,9610 6:24,25 thanks 8:7,22 require 10 : 19 suggest 4:12 3:25 6:15 8:3 10:20,24,2511 12:12 theory S requirements 4, 18 suggestion 5:17 13:8 s 3:1 4:7 12 6, 10, 14 5:6 thing 12:4,6 respect 8:24 Suite 6:2 saying side 2:3,13,20 things 5:23,23 respectfully 4: 4 sign 6 : 15:2 9:23 superseded think 4:10,12 9:23 says 14 signed 14 9:21 result 7:8 5:3 5:6 6:7 10:7,16,16 : 10 similar Supreme 7:22,22 8:18 reveal 11:8 scheduled 11 : 9 simply 9:16 9:13 9:14 review 6:21,22 14:8 surprises 11:8 11:9 9 : 4 13 : 10 10:16 11:6,20 scrutiny 14:20 S-H- 12:19 14:19 reviewed 9:16 seal Sir O-L 3:18 14:20,21 4:21 4:16,19,24 4:910:6 thinking revisit 5:1,21 8:13 situations 3:19 4:21 8:6,8 13:1 right 8:14 9:12 :26 8:22 Third 6:25 7:24 9:7,13 11:1 10:3 11:11 slow 3 :15 2:9,16 14:6 15:6,7 solution Thomas 11:3,14 2:18 3:13 sealed 11:16 12:8,9 time 13:11,22 4:14,15,25 somebody 5:20 8:13 9:11 8:11,15 15:6,19 6 :22 soon 14:9 10:12 13:4 T 14:19,19,21 rights 11: 14 sort 14:9,9 1 timing 12:16 15:12 11:10 T 16: 1, 13:18 Robert 2:6 sealing sought 10: take 4:17 today 4:5 9:21,21 8 South 2 : 10:5,15 11:6,13 Rosenfeldt 10:13 13:2 3 specific 11: 11 14:20 14:17 2:12 13:19 10:712:20 today's 16: 1, 7 Rothstein second 7:3 15:3 to- 2:12 13:3,7 spelled 4: 1 talk 6: 6, wit 3:7 rule 5:25 Secondly 6:2 standing 8:9, 10 26 transcript 6:3,4 6:24 see 4:18 14:2 State tangible 16:6 8:13 8:18 15:1,12 1: 6, 24 3:8 4 : transgres... 9:17 9:18 10:22 2 3 8 : 12 10:7 tell 12:23,24 serious 11:21 13:10 4 : 10 6: traveling 14:5 14:5 set 11:14 11:24 13:3 9 tells 9 : 9:17,18 true ruled shift 8:11 14:3 16: 7:15 short 5:16 status 4 6 Rules Shullman 2:17 12:7 ten 11:21 12:3 5:21 6:1 3:12,12 12 :14 16: 14 terrible 6: 17 test 8: 1. test imon y 3 : 4 thank 8:21 13: 14 EFTA00233788 June 10, 2009 Proceedings trying 6:17 1:19 5 5:16 went 1400 515 twelve 7.1 2:3 2:7 12:5 west 1500 two 1:21,25 2:4 2:20 61091 2:7 3:5 1650 12:1513:19 we'll 2:13 15:11 14:7 types we're 2 14:7 9:17,19 11:6 2.303 William 8:17 14:4 2:10 3:10 2.420 ultimately wish 13:10 14:6 7:25 5:4 2.420(d) understand words 8:18 13:22 10:9 2006-C29454 unique written 1:4 12:24 14:15 2008-CF9381 unseal 1:4 4:17 6:11 2009 10:12 11:15 Yeah 1:18 3:6 unsealed 12:13 14:18 16:8 5:2 7:17 year 22nd unsealing 13:9 15:14 4:8 yelling 25th 10:18 15:15 250 1 vacate 2:3 10:13 zealous vs 10:17 3 1:9 3:8 3rd 2:19 w #100578 33301-1181 waiting 1: 25 16: 11 2:21 12:5 33394 want 1 2:14 4:17.6:21,22 1:30 33401 7:1,2,5,17 15:15 2:4 13:18,23 10 33401-4349 14:14 1:18 3:6 2:7 wasn't 10th 8:15 16:8 4 week 101 400 13:19 2:19 2:7 weeks 11:08 401 12:15 13:20 1:19 3:6 2:13 weighing 11:25 EFTA00233789 IAL CIRCUIT IN THE CIRCUIT OCURT OF THE FIFTEENTH JUDIC IN AND FOR PALM BEACH COUNTY, FLORIDA ADMINISTRATIVE ORDER NO. 2.303-9/08 IN RE: SEALING OF COURT HEARINGS AND RECORDS access to court records, subject The Florida constitution mandates that the public shall have by operation of state law, federal law, or only to certain enumerated limitations which are restricted al Admin. 2.420 - Sealing of Court Records, court rule. In re Amendments to Florida Rule of Judici strongly disfavor court records that are 954 So.2d 16 (Fla. 2007). The Rules of the Supreme Court recently adopted Interim Rule 2.420 of the hidden from public scrutiny. The Florida Supreme Court the procedures for sealing noncriminal Florida Rules of Judicial Administration which addresses iminal court records are sealed properly court records. In order to ensure that both criminal and noncr it is by Florida Rule of Judicial NOW, THEREFORE, pursuant to the authority conferred Administration 2.215, it is ORDERED as follows: ential in any type of case must be 1. A request to make court records or a court hearing confid order. The Motion must be made by written motion. Parties cannot submit an agreed-upon "Motion to Make Court Hearing captioned "Motion to Make Court Records Confidential" or the records or hearing to be made Confidential". The Motion must identify with particularity Motion must include a signed confidential and the grounds upon which it is based. The is being made in good faith and certification by the party making the request that the motion is supported by a sound factual and legal basis. Records Confidential will be 2. The records that are the subject of a Motion to Make Court case number, docket number, treated as confidential pending resolution of the motion. The . Pseudonyms may be used as or other identifying number of a case will remain public this rule must be treated as permitted by the court. Court records made confidential under confidential during any appellate proceeding in this Circuit. hearing will be held as soon as 3. A public hearing on any motion to seal a court record or court being given to the public and the practicable but no less than ten (10) days prior to the notice n. A party may seek to hold all or press and no later than 30 days after the filing of the motio EFTA00233790 camera if to Make Court Records Confidential in a portion of the hearing on a Motion inist ration d in Interim Rule of Judicial Adm necessary to protect any of the interests liste record of be responsible for ensuring that a complete 2.420(c)(9)(A). The moving party will dev ice that is court reporter or by any recording any hearing be created either by use of a provided as a matter of right by the court. the with specificity the grounds for sealing and 4. A sealing order issued by a court must state ain order granting the sealing request must cont findings of the court that justify sealing. The ther the prog ress ies' names or pseudonyms, whe as much detail as possible including the part es of rds that are to be confidential and the nam docket is to be confidential, the court reco ee, r must contain specific findings that the degr persons who arc permitted access. The orde ect the inte rests are no broader than necessary to prot duration, and manner of confidentiality reveal d in Inte rim Rul e of Judi cial Adm inis tration 2.420(c)(9)(A). The order will not liste ress ntial. The order will direct whether the prog the information that is to be made confide docket is to be sealed. ed, the whether the progress docket is to be seal 5. If an order sealing a court file is silent as to part ies' a public docket with no alternation of the clerk shall seal the court file but maintain the Clerk of Judicial Administration 2.420(c)(9) names. In accordance with Interim Rule a case ber, or any other identifying num ofber shall NOT seal the case number, docket num that is sealed by court order. site order sealing the court file on the Clerk's web 6. The Court will direct the Clerk to post the days at the Main Courthouse within ten (10) as well as on the bulletin board located at leas t 30 days . t remain posted in both locations for following the entry of the order and mus ida te a sealing order in accordance with Flor 7. A nonparty may file a written motion to vaca of Judi cial 7); In re Amendments to Florida Rule Rule of Judicial Administration 2.420 (200 , 954 So.2d 16 (Fla. 2007). Admin. 2.420 - Sealing of Court Records court, tested motion to vacate a sealing order. The 8. A public hearing must be held on any con ings uncontested motion. While challenge hear in its discretion, may hold a hearing on an ing in cam era to hold a portion or all of the hear must be open to the public, a party may seek ration ssar y to prot ect the inte rest s liste d in Interim Rule of Judicial Administ if nece movant that a record of the hearing is made. The 2.420(cX9)(A). The movant must ensure . of showing that the order is unsound seeking to vacate an order bears the burden with ntial, all applicable pleadings will be filed 9. If the identity of a party is to remain confide rt Service follo win g desi gnat ion on the fron t of the pleading: "Confidential Party — Cou the filed is the division in which the pleading is Requested". The judicial assistant for assi stan t is to the applicable parties. The judicial responsible for providing such notice to party. ide such noti ce so as not to inad vert entl y reveal the identity of the confidential prov 2 EFTA00233791 ity of records admitted into 10. This administrative rule does NOT address the confidential for sealing or expunging criminal evidence and it does NOT pertain to the statutory process s filed in a criminal case must, history records. Motions to Seal pleadings or court record istrative order also does NOT however, comply with this Administrative Order. This admin statute, rule or other legal authority. pertain to court records that are confidential pursuant to rted by a sound legal and factual 11. If a motion to seal is not made in good faith and is not suppo basis, the court may impose sanctions upon the movant. to open any court file sealed by 12. The Clerk of Court, or a deputy clerk, is hereby authorized documents pertinent to the particular operation oflaw or court order for the purpose of filing ring a record on appeal. The file, as well as for microfilming or imaging files, and for prepa completion ofthe task, with the Clerk, or deputy clerk, shall reseal the file immediately upon e ofthe file along with the initials date and time ofthe unsealing clearly marked on the outsid of the deputy clerk. ofCourt will make the contents 13. In all matters except adoption and surrogacy cases, the Clerk eys of record. The contents of of a sealed file available to adult parties and their attorn any person absent a court order. adoption and surrogacy files shall not be made available to Palm Beach County, Florida DONE AND SIGNED in Chambers in West Palm Beach, this day of September, 2008. Kathleen J. oll Chief Jud supersedes admin. order 2.032 10/06 3 EFTA00233792 JUDICIAL CIRCUIT IN TIIE aRcurr COURT OF THE FIFTEENTH IN AND FOR PALM BEACH COUN TY FLORIDA ADMINISTRATIVE ORDER NO. 2.032 - I0106 IN RE: SF.ALINO COURT HEARINGS AND RECORDS a strong presumption of WHEREAS all court proceedings are public events and record s; and public access attaches to all proceedings and their law, or ordinance, or in WHEREAS records made or received pursuant to court rule, busine ss arc subject to public disclosure; and connection with the transaction of official tances require that court WHEREAS privacy rights of litigants may in certain circums records or documents in the record should be sealed. the competing interests of NOW, THEREFORE, it is ORDERED that to balance right to access to court records, the following litigants' privacy interests and the public's procedures am establis hed for scaling court records : or all or part or a court record, I . When a Motion is received for the staling of a hearing ditto a hearing be held on same. The Court will give notice of the hearing by the Court will establis hed by the Clerk of Court expressly for this posting same on the electronic bulletin board should include with a reason given by the Court, notice purpose. Unless otherwise ordered generic ent, and a brief, enough disclosure to identify the case, the moven'. the respond description of the matters sealed or sought to be sealed. 2. 'the Court will not set a hearing less than ten (10) days prior to the notice being given to the public and the press. of a record is not 3. Where prior notice to the public and press regarding the scaling granted , provide notice of any decision to practicable, the Court will address such Motion, and if reason given by the board. Unless otherwi se ordered with a seal on the Clerk's electronic bulletin movan t, the respondent, include enough disclos ure to identify the case, the Court, notice should sought to be sealed. and a brief, generic description of the matters scaled or ed to protect the 4. Access to court proceedings and records may be restrict g that the followi ng has been met: interests of litigants only after a showin of records or (i) the measure limiting or denying access, closure or sealing ary to preven t a serious and immine nt threat to the both, is necess administration of justice; EFTA00233793 available which would (ii) no less restrictive alternative measures are mitigate the danger; and e the court's protective (III) the measure being considered will in fact achiev purpose. be stated with specificity In the 5. The reasons supporting sealing the file must or hearin g. The Case number should tmain accessible on order sealing the court record banner" regardless of whether the case has been scaled. Palm Reach. Florida this IP day of DONE and ORDERED, in Chambers. at West October. 2006. /S/ Judge Kathleen J. Kroll. Chief Judge 2.032 •7/04 • supersedes administrative order no. of October 10, 2006) used by the Clerk • 6 'Ilie Court recognizes the present technology (as system modification which shall he completed supports this, however it can not happen without a by December 31. 2006. EFTA00233794 Westlaw. Page 1 Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.Clr.Ct.)) C fendant failed to disclose information about the ab- user's record of sexual abuse when it received an Florida Circuit Court, Seventh Judicial Circuit, inquiry related to his employment in this com- Volusia County. munity. JOHN DOE-I THROUGH JOHN DOE-4 and Par- ents of John Doe-I through John Doe-4, Plaintiffs, Although so many persons have become familiar with the case that defendant has listed eighty-one MUSEUM OF SCIENCE AND HISTORY OF potential fact witnesses, no victim has yet been JACKSONVILLE, INC., Defendant. identified in the media. Nos. 92-32567-CI-CI, Div. 32. Relying on a privacy interest in the facts relating to June 8, 1994. the sexual abuse, plaintiffs argue that closure is ne- cessary to prevent the substantial harm that likely William H. Ogle, Ormond Beach, FL. would result from revelation of these facts and I identification as the victims.FN Thus the motion W. Douglas Childs, Jacksonville, FL. calls upon the court to decide whether a privacy in- terest in the facts relating to sexual abuse suffered Jonathan D. Kaney Jr., Daytona Beach, FL. by the minors provides a proper basis for closure of the trial of the minors' suit for damages arising out of this abuse. For the reasons that follow, the court OPINION AND ORDER ON MOTION TO concludes that this is not a proper basis for closure CLOSE TRIAL and denies the motion. RICHARD B. ORFINGER, Circuit Judge. FN1. Previously, plaintiffs moved for an order restraining anyone, including the me- *1 THIS MATTER is before the Court on the dia, from publishing information disclosed plaintiffs' motion to exclude the public from the tri- during the trial that would identify the al of this case. Notice of hearing was given to rep- minor victims. The court denied this mo- resentatives of the media as required by law. News- tion. See: Nebraska Press Association I Journal Corporation, publisher of The News- Stuart, 427 U.S. 539 (1976) and The Flor- Journal, filed a response and appeared in opposi- ida Star I B.J.F., 491 U.S. 524 (1989). tion to the motion. Defendant took no position. Whenever other interests compete with the public According to the complaint, a man who worked at interest in open judicial proceedings, "[D]ur analys- the local museum sexually abused the minor is must begin with the proposition that all civil and plaintiffs. He had first come into contact with three criminal court proceedings are public events, re- of the minors as they served as volunteers under his cords of court proceedings are public records, and supervision. More than four years ago, the abuser there is a strong presumption in favor of public ac- was prosecuted and sentenced to prison. Since then cess to such matters." Sentinel Communications Co. the plaintiffs have settled suits for damages result- I Watson, 615 So.2d 768, 770 (Fla. 5th DCA 1993) ing from this abuse against the Daytona Beach Mu- (citing Barron I Florida Freedom Newspapers, seum of Arts and Sciences, the Volusia County Inc., 531 So.2d 113 (Fla.1988)). This presumption School Board, and the Florida Department of rests on the most fundamental values of American Health and Rehabilitative Services. As a previous government. employer of the abuser, plaintiffs allege this de- O2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00233795 Page 2 Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.Cir.Ct.)) "[T]he people have a right to know what is done in izen to be informed, judicial openness, of which the their courts.... [T]he greatest publicity to the acts of press is an instrument, sustains public confidence in those holding positions of public trust, and the the judiciary and thus serves the ultimate value of greatest freedom in the discussion of the proceed- popular sovereignty. ings of public tribunals that is consistent with truth This higher purpose of openness is not always ap- and decency, are regarded as essential to the public parent in the public scrutiny of the daily business of welfare." Barron, 531 So.2d at 116-7 (citing In re the courts. Depending on the definition of news- Shortridge, 34 P. 227, 228-29 (Cal.1893) ). Open- worthiness, it may be possible to dismiss as un- ness in courts has a salutary effect on the worthy much that transpires in civil courts. Here, it propensity of witnesses to tell the truth and of judi- is easy to ask what public interest is served by sub- cial officers to perform their duties conscientiously. jecting these minor victims to the risk of public It informs persons affected by litigation of its effect identification. However, Barron teaches that this is upon them and fosters "respect for the law[,] intelli- the wrong question because it overlooks the higher gent acquaintance ... with the methods of govern- purpose of openness in the courts. ment', and] a strong confidence in judicial remedies ... which could never be inspired by a system of In Barron, a case involving privacy concerns inher- secrecy...." Id., (citing 6 WIGMORE, EVIDENCE ent in a divorce case, the court strongly reaffirmed § 1834 (Chadboum rev.1976) ). These fundamental the presumption that Florida civil courts are open. values come into play whenever the court is in ses- In dissent, Justice McDonald saw the question in sion; and the presumption of openness applies in case-specific terms. He would have closed the pro- hard cases as well as easy cases. "The reason for ceeding because "the rights of the public to inform- openness is basic to our form of government." Id ation contained in a domestic relations lawsuit is minimal, if existent at all." 531 So.2d at 121. Impli- *2 This motion is opposed by various news organ- citly, this approach would have required the pro- izations, but the presumption of openness is of lar- ponent of openness to show a particular need to ger importance than the immediate interest of the know facts of the specific case in order to gain ac- press in the case of the moment. To be sure, the cess. The majority rejected this approach because it press has a cognizable interest in maintaining open saw the conflicting interests in broader terms. "The courts "because its ability to gather news is directly parties seeking a dissolution of their marriage are impaired or curtailed" by restrictions on access. not entitled to a private court proceeding just be- Moreover, the press is assigned a fiduciary role in cause they are required to utilize the judicial sys- enforcing public rights of access because the press tem." 531 So.2d at 119. "may be properly considered as a representative of the public (for) enforcement of public right of ac- A closure request implicates the integrity and cred- cess." Nevertheless, the values of openness in ibility of the judicial system itself and not just the courts transcend the interests of the press because immediate concerns of the parties. The balance to "Mreedom of the press is not, and has never been a be struck is not between the people's need to know private property right granted to those who own the the particular facts of the case versus the parties' news media. It is a cherished and almost sacred need to keep these facts private but between the right of each citizen to be informed about current public interest in open courts versus the personal events on a timely basis so each can exercise his desire for a private forum. "Public trials are essen- discretion in determining the destiny and security tial to the judicial system's credibility in a free soci- of himself, other people, and the Nation." State ex ety." Barron at 116. re. Miami Herald Pub. Co. I. McIntosh, 340 So.2d 904, 908 (Fla.1977). In serving the right of each cit- *3 Although the Florida Supreme Court holds that O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00233796 Page 3 Not Reported in So.2d 22 Media L. Rep. 2497 Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), (Cite as: 1994 WI.. 741009 (Fla.Cir.Ct.)) ure of matters protected by a common law or pri- "the public and the press have a fundamental right vacy right not generally inherent in the specific of access to all judicial proceedings," however, this type of civil proceeding sought to be closed.... right is not absolute. State ex rel. Miami Herald Pub. Co. McIntosh, 340 So.2d at 908-9. In Bar- At the outset, the proponent of closure must identi- ron, the court took the occasion to establish the fy one or more of such interests that is implicated in standards upon which the presumption of openness the proposcd closure. Here it is not necessary to go may be overcome when necessary "to protect corn- beyond this first level of analysis because plaintiffs pcting interests." The court wrote a "definitive have not connected their motion to a valid interest statement ... to assist judicial officers in this sensit- that would justify closure. ive area." 531 So.2d at 117-8. n This motion poses a direct confrontation betwee Barron establishes a strong presumption of open- the individual interest in privacy and the public in- ness for all court proceedings and records, places terest in open courts. Because there is inherent in the burden on the proponent of closure, and grants the case sensitive, intimat e, and embarr assing standing to the public and media to challenge clos- private facts, plaintiffs seek to litigate their claim in ure orders. Before a court may enter any order of a closed proceeding. They argue "[ghat revelation closure it must determine there are no reasonable of [the identities of the minor plaintiffs) has the po- alternatives to closure and must order the least re- tential to inflict substantial harm upon them [as] a strictive closure necessary to accomplish the pur- matter of common sense." pose of closure. 531 So.2d at 118-9. A closure or- der should be "drawn with particularity and nar- There is no question there are strong reasons to rowly applied." 531 So.2d at 117. keep private the facts surrounding the abuse prac- . ticed on the minors by the now-imprisoned abuser Barron specifies an exclusive listing of those com- The question this court must decide, howev er, is - peting interests that may under appropriate circum whether these are reasons to secure the courtroom. . stances be sufficiently weighty to justify closure The question is not whether to afford privacy to the to Closure may be ordered "only when necessary" plaintiffs but whether to afford plaintiffs a closed serve one of six compe ting interests: forum in which to disclose these facts. (a) to comply with established public policy set •4 Although there is no case directly on this point, forth in the constitution, statutes, rules, or case the present question comes fully within the holdin g law; of Barron, which thoroughly considered the com- petition between the people's interest in public (b) to protect trade secrets; courts and the personal interest in private facts. In (c) to protect a compelling governmental interest effect, Barron raised the question of the role to be [e.g., national security; confidential informants]; assigned to privacy in a system of public courts, and the majority resolved the issue by granting a (d) to obtain evidence to properly determine legal narrow role to privacy based on considerations re- issues in a case; lating to the legitimate expectations of privacy. (e) to avoid substantial injury to innocent third In the Florida Supreme Court's well-developed pri- parties [e.g., to protect young witnesses from of- vacy jurisprudence, the fundamental basis of the fensive testimony; to protect children in a di- right of privacy is a legitimate expectation of pri- is vorce]; or vacy. Not every fact in every circumstance private, and not every act of government violate s (I) to avoid substantial injury to a party by disclos- Works. C 2009 Thomson Reuters/West. No Claim to Orig. US Gov. EFTA00233797 Page 4 Not Reported in So.2d Media L. Rep. 2497 Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 (Cite as: 1994 WL 741009 (Fla.C1r.Ct.)) reasonable expectation of privacy might be found. the right to be let alone. The concept by which the court separates the appropriate from the inappropri- •5 First, there is the privacy expectation of persons ate instance for invoking the privacy right is this who are not parties to the case. Involuntary parti- expectation. Stall I State. 570 So.2d 257, 261 cipants may have a reasonable claim of privacy. (Fla.1990). In order to establish a right of privacy, Thus under item (g), Barron recognizes that closure the individual must establish that "a reasonable ex- may be justified if the proponent carries the heavy pectation of privacy ... exist[s]." Winfield I Divi- burden of showing closure is necessary "to avoid sion of Pari-Mutuel Wagering, 477 So.2d 544, 547 substantial injury to innocent third parties [e.g., to (Fla.1985). protect young witnesses from offensive testimony; to protect children in a divorce]." 531 So.2d at 118. A right of privacy cannot attach when there is no expectation of privacy. Under our historic tradition Second, there is the more limited privacy expect a- of public courts, what reasonable expectation of tion of a party. Again, the doctrin e of legitim ate ex- privacy could a litigant possibly entertain? Concur- pectation is applicable. Although a litigant has no ring in Barron, Justice Erhlich would have con- right to expect privacy in matters involved in the ceded the litigant no reasonable expectation of pri- case litigated in a public court, there may be mat- vacy. He pointed out, "we have ... recognized that ters extrinsic to the case with respect to which a lit- nt It]he potential for invasion of privacy is inhere igant has a reasonable privacy claim. Under Bar- in the litigation proces s.' Rasmu ssen South Flor- ron's item (f), a proponent may be entitled to clos- I ida Blood Service, 500 So.2d 533, 535 (Fla.1987). ure if he or she carries the burden of showing that While civil litigants may have a legitimate expecta- closure is necessary "to avoid substantial injury to a tion of privacy in pretrial depositions and interrog- party by disclosure of matters protected by a com- atories which are not filed with the court (citations mon law or privacy right not generally inherent in omitted), no such expectation exists in connection the specific type of civil proceeding sought to be with civil proceedings and court files which histor- closed." 531 So.2d at 118. ically have been open to the public. See Forsberg I Housing Authority, 455 So.2d 373, 375 (Fla.1984) Barron rules out closure based on privacy interes ts (Overton, J., concurring) (there is traditionally no of parties in the subject matter of the case itself. In expectation of privacy in court files)." 531 So.2d at recognizing a peripheral role for the privacy claims 120. Justice Erhlich shows the conflict between pri- of civil litigants, the majority held there can be no vacy and publicness. If the privacy interest were al- privacy interest in that which is inherent in the lowed unbounded scope, it would overcome the case. Because litigation in a public court system in- public nature of trials. Thus a system of public tri- volves an inherent tendency to invade privacy, a lit- als must insist that litigants abandon qualms about igant has no reasonable expectation of privacy in disclosure of private facts when they place them in the subject matter of a case. This must be so if, as contest in the court. Barron soundly affirms, there is to be a system of open courts in Florida. Without rejecting this view entirely, the majority nevertheless identified a limited scope of privacy Applying this standard in Barron, the court determ- within civil litigation. "We find that, under appro- ined the medical history in question should not be priate circumstances, the constitutional right of pri- scaled because it was inherent in the case. vacy established in Florida by the adoption of art- "Although generally protected by one's privacy icle I, section 23, could form a constitutional basis right, medical reports and history arc no longer pro- for closure under (e) or (f)." 531 So.2d at 118. The tected when the medical condition becomes an in- majority thus conceived of two instances in which a tegral part of the civil proceeding, particularly Gov. Works. O 2009 Thomson Reuters/West. No Claim to Orig. US EFTA00233798 Page 5 Not Reported in So.2d 22 Media L. Rcp. 2497 Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.O.), (Cite as: 1994 WI., 741009 (Fla.C1r.Cr.) ) parent of a minor child for sexual abuses practiced when the condition is asserted as an issue by the on the child, the trial is not closed nor is there sup- party seeking closure.... [Mjedical information is an as pression of the identity of the parent from which, inherent part of these proceedings and cannot be the child is plaintiffs argue here, the identity of utilized as a proper basis for closure." 531 So.2d at FN5 Indeed, from the reports of readily inferred. 119. tort suits by minor victims of sexual crimes seeking The same is true in this case. Those private facts damages from the perpetrator or those vicariously which form the basis of the motion for closure are liable, it can be seen that the courts of this state the facts inherent in the plaintiffs' case. Neverthe- conduct cases like the present as open public trials less, plaintiffs argue their request implicates the in the name of the party. competing interests Barron listed in item (a) deal- F142. Bundy'. State, 455 So.2d 330 ing with public policy, item (e), dealing with pri- (Fla.1984), cert. denied, 476 U.S. 1109 vacy of third party, and item (f), dealing with pri- (1986). Miami Herald Publishing Co.'. vacy of a party. Lewis, 426 So.2d 1 (Fla.1982). See also Globe Newspaper Company Superior Plaintiffs first argue that closure of the trial is ne- 2613 (1982) (Same under cessary under item (a) "to comply with established Court, 102 S.Ct. s, First Amendment). public policy set forth in the constitution, statute rules, or case law." 531 So.2d at 118. Plainti ffs F/43. See Palm Beach Newspapers'. rightly contend "[Ihe State of Florida has long re- to Nourse, 413 So.2d 467 (Fla. 4th DCA cognized, as a matter of public policy, the need contac t with the 1982) (Error to summarily exclude press protect minors who come into from arraignment of defendant charge with justice systcm," and cite statutory provisions ex- lewd and lascivious act on child under age empting records of sex crimes and child abuse from 14); News-Press Pub. I. Shearer, 5 public records disclosure and providing for closure Med.L.Rptr. 1272 (Fla. 2d DCA 1979) of adoption and dependency proceedings. See (Error to exclude press from courtroom Fla.Stat. §§ 119.07(h); 63.162; 39.408(c). while juvenile witness in sex crime testi- *6 To be sure, it is public policy to protect minor fies and error to seal record from press). victims of sex crimes from unnecessary public ex- Compare Miami Herald Pub. Co. posure. The cited exceptions to public records laws Morphonios, 467 So.2d 1026 (Fla.1985) illustrate this as does the practice of anonymous (Error to gag press from publishing testi- pleading. mony of minor witness via prerecorded video) and Thornton'. State, 585 So.2d s However, state policy neither requires nor permit 1189 (Fla. 2d DCA 1991) (Statute cannot closure of public trials on the basis of the privacy override defendant's Sixth Amendment of interests of minor victims of sex crimes. The trial right to public trial without case-by-case the perpetrator of a sex crime against a minor must balancing test). See also Doe'. Doe, 567 be conducted in public as a matter of Florida com- So.2d 1002 (Fla. 4th DCA 1990) FN2 Under Fla.Stat. § 918.16, the court mon law. (Affirming denial of motion to close pro- has a certain ability to clear the courtroom during ceedings in which mother seeks authority testimony of a person under the age of R4316 but the for surgical sterilization of mentally handi- press specifically may not be exclud ed . A re- capped daughter). cent statute protecting minor witnesses does not purport to authorize closure of the trial to protec t F144. Fla.Stat. § 92.55 (Authorizing the FN4 court to permit or prohibit "the attendance minor witnesses. When the state prosecutes the Gov. Works. O 2009 Thomson Reuters/West. No Claim to Orig. US EFTA00233799 Page 6 Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.C1r.Ct.)) of any person at the proceeding") idated cause is a third party as to the other three ac- (emphasis supplied). tions and thus the trial should be closed to protect them as third parties in the consolidated cases. Hav- FNS. See, e.g., Schmidt J State, 590 So.2d ing voluntarily joined to bring the action, they can- 404 (Fla.1991) (Father prosecuted for not claim to be third parties to the action nor assert crime of video recording of minor daughter a legitimate expectation of privacy in the disclos- in violation of statute concerning depiction ures that necessarily follow from their decision to of sex acts); Sanders State, 568 So.2d act in concert. 1014 (Fla. 3d DCA 1990) (Father prosec- uted for lewd and lascivious acts against Plaintiffs also assert the privacy interest of other minor daughter). minors who were victims of this same abuse but who have not joined in this suit. There is no evid- FN6. See, e.g., Zordan I Page, 500 So.2d ence that trial of this case would implicate these 608 (Fla. 2d DCA 1987) (Suit by minor third parties. In any event, plaintiffs lack standing and parents against carrier for damages in- to assert the interest of these third parties, and the curred when insured fondled private parts Court will not decide any issue affecting their rights of minor plaintiff); Hennagan I Depart- unless a party with standing raises the issue. ment of Highway Safety and Motor Vehicles, 467 So.2d 748 (Fla. 1st DCA Finally, plaintiffs attempt to bring their motion un- 1985) (suit by minor and parents against der item (f) relating to the privacy interest of a FHP for damages when minor driver was party. To be entitled to an order of closure under allegedly sexually abused by patrolmen this item, however, plaintiffs must show that clos- after being stopped on pretext of suspi- ure is necessary "to avoid substantial injury to a cion); Drake 1 Island Community Church, party by disclosure of matters protected by a com- Inc., 462 So.2d 1142 (Fla. 3d DCA 1985) mon law or privacy right not generally inherent in (Suit by minor and parents for damages the specific type of civil proceeding sought to be from sexual abuse by teacher on minor pu- closed." 531 So.2d at 119.(emphasis added). pil). Compare Freehauf I School Board of Plaintiffs argue their identities are not inherent facts Seminole County, 623 So.2d 761 (Fla. 5th in the case and thus the trial should be closed to DCA)cause dismissed, 629 So.2d 132 prevent revelation of the identity. However, (Fla.1994) (Suit for abuse inflicted on son plaintiffs also contend it will be impossible to try by stepmother; failure to retort suspected the case without revelation of their names. Their ar- abuse by school); Fischer 1 Metcalf 543 gument refutes itself. The identity of a party is in- So.2d 785 (Fla. 3d DCA 1989) (Suit by herent in the case, and that conccm alone could not minors against psychologist for damages justify total closure. This argument is a proxy for from abusive father when suspicion of ab- the ineffective argument that the sensitive nature of use was not reported). inherent private facts should justify a private forum. Facts regarding abuse form the core of their case, The court concludes that it is not necessary to close and thus it "is an inherent part of these proceedings this trial in order to comply with any public policy and cannot be utilized as a proper basis for clos- of the State of Florida. ure." 531 So.2d at 119. The decision to litigate this issue is tantamount to a decision to place the in- The plaintiffs next argue that closure is necessary to formation before the public. serve the interest of innocent third parties whose privacy warrants closure under item (e) of Barron. *7 As sympathetic as their claim is, it fails to state The plaintiffs assert that each minor in this consol- a cognizable reason for closure under the law. The 2009 Thomson Rcuters/West. No Claim to Orig. US Gov. Works. EFTA00233800 Page 7 Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.Cir.Ct.)) request to close a civil trial because of a party's dis- closural concerns with facts inherent in the cause cannot be reconciled with Barron. Facts generally protected by a party's privacy right are no longer protected from disclosure when they become an in- tegral part of a civil proceeding. Indeed, plaintiffs' argument for a private forum could be asserted as the basis for a wide array of exceptions that would swallow up the presumption of openness. "The ... argument based on this interest therefore proves too much. (T)hat same interest could be relied upon to support an array of mandatory closure rules ... proves too much, and runs contrary to the very foundation of the right of access...." Globe Newspa- per Company Superior Court, 102 S.Ct. 2613, 2622 (1982). Accordingly, having considered the briefs and argu- ments of counsel for the reasons set forth in this opinion, it is ORDERED that the Motion to Close Trial be denied. DONE AND ORDERED. Fla.Cir.Ct.,1994. John Doc-1 Through John Doe-4 I Museum of Sci- ence and History of Jacksonville, Inc. Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 END OF DOCUMENT O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00233801 Entered on FLSD Docket 07/15/2008 Page 1 of 8 Case 9:08-cv-80736-KAM Document 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA/JOHNSON FILED by IN RE: JANE DOE, JUL 0 9 2008 STEVEN N. LAMMORE Petitioner. CLERK U.S MST. CS s.o. or nA.-wra. GENCY PETITION GOVERNMENT'S RESPONSE TO VICTIM'S EMER ACT, 18 U.S.C. 6 3771 FOR ENFORCEMENT OF CRIME VICTIM RIGHTS signed counsel, files its Response The United States of America, by and through its under Rights Act, 18 U.S.C. § 3771, and to Victim's Emergency Petition for Enforcement of Victim states: 18 U.S.C. & 377I (b) I. THERE IS NO "COURT PROCEEDING" UNDER under the Crime Victims Rights Petitioner complains that she has been denied her rights by the victim, she alleges the Government Act, 18 U.S.C. § 3771. In the emergency petition filed with the attorney for the government has denied her rights since she has received no consultation a)(5)); no notice of any public regarding possible disposition of the charges (18 U.S.C. § 3771( regarding her right to restitution (18 court proceedings (18 U.S.C. § 3771(a)(2)); no information Crime Victim Rights Act (CVRA). U.S.C. § 3771(a)(6)); and no notice of rights under the Emergency Petition, I 5. Jeffrey Epstein was charged The instant case is unique in several respects. First, in 2006, Fifteenth Judicial Circuit, Palm with felony solicitation of prostitution in the Circuit Court of the es alleged in paragraph 1 of the Beach County, Florida. This charge was based upon the offens n, he has not been charged in petition. Second, while Epstein has been under federal investigatio EFTA00233802 Page 2 of 8 Document 13 Entered on FLSD Docket 07/15/2008 Case 9:08-cv-80736-KAM the Southern District of Florida. ides in pertinent part that. "Din any court Title 18, U.S.C., Section 3771(b)(1) prov the crime a crime victim, the court shall ensure that proceeding involving an offense against the subsectio n (a)." There is no "court proceeding" in victim is afforded the rights described in te. No federal charged with violation of any federal statu instant case since Epstein has not been filed. There can , nor has any criminal information been grand jury indictment has been returned on. a pub lic court proceeding or the right to restituti thus be no failure of a right to notice of n In Re Dean, 527 F.3d 391 (5th Cir. 2008), In her memorandum, petitioner relics upo some A required the government to "confer in where the Fifth Circuit held that the CVR at 395. In ately exercising its broad discretion." Id. reasonable way with the victims before ultim a plea an ex pane order permitting it to negotiate Dean, the government sought and obtained ms, rica, without first consulting with the victi agreement with BP Products North Ame ement was killed in a refinery explosion. A plea agre individuals injured and survivors of those A granted cted . The appellate court found that the CVR ultimately negotiated and the victims obje reasons, to grant mandamus relief for prudential a right to confer. However, the court declined icipate of the views of the victims who chose to part finding that the district court had the benefit ement should be accepted. Ida at 396. at the hearing held on whether the plea agre ects. For one thing, the court's discussion Dean is legally distinguishable in several resp to issue cessary because the court ultimately declined of the scope of the right to confer was unne Also, in offering its view that this right applies pre- mandamus relief. Dean, 527 F.3d at 395. e orting to quote the statute, omitted the last thre charge, it is noteworthy that the court, in purp ction by words that arguably point in the opposite dire words of section 3771(aX5)("in the case"), -2- EFTA00233803 Document 13 Entered on FLSD Docket 07/15/2008 Page 3 of 8 Case 9:08-cv-80736-KAM %se court went to great lengths to suggesting that the right applies post-charge. Further, the circumstances presented in that case (i.e., emphasize that its holding was limited to the particular charges), which of course, is not the case the simultaneous filing of a plea agreement and formal case, and this case, unlike Dean, involves here. No federal charges have been filed in the instant cution by the State of Florida and not a an agreement to defer federal prosecution in favor of prose ulate on the (right to guilty plea. at 394. Finally, the Dean court expressly declined to "spec 3771(a)(5) supports the petitioner's confer's) applicability to other situations." a Nothing in § nment could enter into a non- claim that she had a right to be consulted before the Gover exchange for state court resolution of prosecution agreement which defers federal prosecution in nt of a claim for compensation under criminal liability, and a significant concession on an eleme 18 U.S.C. § 2255. COMPLY WITH II. THE GOVERNMENT HAS USED ITS BEST EFFORTS TO 18 U.S.C. 6 3771(a) Police Department in 2006. The Epstein case was investigated initially by the Palm Beach ¶ 2. Exhibit A, Declaration of Assistant United States Attorney assistance of the Federal Bureau of Subsequently, the Palm Beach Police Department sought the Investigation (FBI). Throughout the investigation, when a victim was identified, victim Victim-Witness Specialist and notification letters were provided to the victim by both the FBI C.W., AUSA a¶ 3. Petitioner's counsel, Brad Edwards, Esq., currently represents to C.W. was provided by the T.M., and S.R. The U.S. Attorney's Office victim notification letter to her when she was 1:131. and the letter to T.M. was hand-delivered by AUSA UM mailed to C.W. and .r.m. on interviewed in April 2007. FBI victim notification letters were -3- EFTA00233804 Entered on FLSD Docket 07/15/2008 Page 4 of 8 Case 9:08-cv-80736-KAM Document 13 Niast %et 2008. Villafafla Decl., ¶ 3. January 10, 2008, and to S.R. on May 30, st uld the FBI's Victim-Witness Speciali Throughout the investigation, AUSAIna represented by ¶ 4. Earlier in the investigation, T.M. was had contact with C.W. rg. contact with T.M. was made through Mr. Eisenbe James Eisenberg, E:sq. Consequently, all ed the U.S. Atto rney's Office in an effort to In mid-2007, Epstein's attorneys approach by the resolve the federal investigation. a,j 5. At that time, Mr. Epstein had been charged Mr. titution, in violation of Florida Statutes § 796.07. State of Florida with solicitation of pros equently lutio n of this matter. The United States subs Epstein's attorneys sought a global reso long as r of prosecution by the State of Florida, so agreed to defer federal prosecution in favo was to of the key objectives for the Government certain basic preconditions were met. One d. Thus, one girls whom Epstein had sexually exploite preserve a federal remedy for the young h was prov ided to the victims on July 9, 2008, is the condition of that agreement, notice of whic following: victim of a violation of an "Any person, who while a minor, was a es Code, Section 2255, offense enumerated in Title 18, United Stat er Section 2255 as she will have the same rights to proceed und tried federally and would have had, if Mr. Epstein had been For purposes of convicted of an enumerated offense. States shall provide Mr. implementing this paragraph, the United whom it was prepared Epstein's attorneys with a list of individuals merated offense by to name in an Indictment as victims of an enu ting this provision, Mr. Epstein. Any judicial authority interpre evidentiary burdens if including any authority determining which it is the intent of the any a plaintiff must meet, shall consider that the same position as they parties to place these identified victims in victed at trial. No would have been had Mr. Epstein been con more; no less." Witness Assistance (May 2005), Article The Attorney General Guidelines for Victim and -4- EFTA00233805 Document 13 Entered on FLSD Docket 07/15/2008 Page 5 of 8 Case 9:08-cv-80736-KAM ing guidance for proposed plea IV, Services to Victims and Witnesses, provides the follow agreements: should make reasonable (3) Proposed Plea Agreements. Responsible officials s' views about, efforts to notify identified victims of, and consider victim able, the responsible prospective plea negotiations. In determining what is reason practicality of giving official should consider factors relevant to the wisdom and ular case, including, but notice and considering views in the context of the partic not limited to, the following factors: . (a) The impact on public safety and risks to personal safety (b) The number of victims. entering a proposed plea. (c) Whether time is of the essence in negotiating or ation or conditions. (d) Whether the proposed plea involves confidential inform (e) Whether there is another need for confidentiality. and the effect that relaying any (f) Whether the victim is a possible witness in the cast information may have on the defendant's right to a fair trial. reason victims came Throughout negotiations, Epstein's attorneys claimed that one They argued that victims might forward and pressed their claims was their desire for money. ony, in order to maximize their have an inducement to fabricate or enhance their testim ci., ¶ 8. The Government was opportunities to obtain financial recompense. compromise the investigation extremely concerned that disclosure of the proposed terms would ses, should the parties fail to by providing Epstein the means of impeaching the victim witnes agreed to defer prosecution to a reach an agreement. In light of the fact (i) that the United States cing would take place in state court previously filed state criminal case; (ii) that as a result senten meet minimum standards such that a before a state judge; (iii) that if the state resolution failed to and thus potential federal prosecution was warranted, the victims would be witnesses -5- EFTA00233806 Entered on FLSD Docket 07115/2008 Page 6 of 8 Case 9:08-cv-80736-KAM Document 13 %sr •••••• was already making efforts to impeachment issues were of concern; and (iv) the United States . § 2255 even if prosecution took secure for victims the right to proceed federally under 18 U.S.C actions in proceeding with this place in state court, the Government determined that its as both victims and potential agreement best balanced the dual position of the Jane Does witnesses in a criminal proceeding. keceived a copy On Friday, June 27, 2008, at approximately 4:15 p.m., AUSA in's state plea hearing was scheduled of the proposed state plea agreement, and learned that Epste for Monday, June 30, 2008, at 8:30 a.m.-eel„ 1 10. AUSA Villafafia and the Palm to victims in the short time that they Beach Police Department attempted to provide notification ila did call attorney had. jj Although all known victims were not notified, AUS g. AUSA Maid this, even Edwards to provide notice to his clients regarding the hearin hearing. Mr. Edwards advised that though she had no obligation to provide notice of a state court at the hearing. 1,04 he could not attend but that someone would be present by using its best efforts to the Government has complied with 18 U.S.C. § 3771(c)(1) rights described in subsection (a)." '•see that crime victims are notified of, and accorded, the confer with the attorney for the Specifically, petitioner was afforded the reasonable right to specific terms of the negotiation Government under 18 U.S.C. §3771(a)(5). Disclosure of the because the Government believed were not disclosed prior to a final agreement being reached the event an agreement could not be doing so would jeopardize and prejudice the prosecution in apply to state court proceedings, the made. Further, although 18 U.S.C. § 3771(a)(2) does not 2008, of the plea hearing in government nonetheless notified petitioner's counsel on June 27, state court on June 30, 2008. -6- EFTA00233807 Entered on FLSD Docket 07/15/2008 Page 7 of 8 Case 9:08-cv-80736-KAM Document 13 hing in this chapter shall be Section 3771(d)(6) provides, in relevant part, that "(n)ot ey General or any officer under his construed to impair the prosecutorial discretion of the Attorn tion in determining that there was direction." The Government exercised its judgment and discre in. The significant benefit of obtaining a need for confidentiality in the negotiations with Epste . § 2255(a) were "victims" of the Epstein's concession that victims suing him under 18 U.S.C ted in federal court, was of sufficient enumerated offenses, despite the fact he has not been convic . importance to justify confidentiality of the negotiations THE GOVERNMENT'S DISCUSSIONS WITH T.M., C.W.. AND S.R. III. represents T.M., C.W., and Attorney Brad Edwards has advised the Govemment that he The letters to C.W. and T.M. were S.R. Victim letters were provided to all three individuals. forwarded on January 10, 2008. ed., ¶ 3. On May 28, 2008, S.R.'s status as a victim . a The FBI Victim Witness was confirmed when she was interviewed by federal agents specialist sent her a letter on May 30, 2008. a was openly hostile to a When the agreement was signed in September 2007, T.M. federal investigators. Id., ¶ 7. While prosecution of Epstein, and S.R. had refused to speak with ment, none of Mr. Edwards' clients individual victims were not consulted regarding the agree tion of the federal investigation. 1. had expressed a desire to be consulted prior to the resolu Id., ¶ 8. She was given In October 2007, C.W. was not represented by counsel. s. a These four individuals were telephonic notice of the agreement, as were three other victim court, in October 2007. also given notice of an expected change of plea, in state advise that he represented In mid-June 2008, Mr. Edwards contacted AUSA =to ¶ 9. AUSA asked Mr. Edwards to send C.W. and S.R., and requested a meeting. -7- EFTA00233808 Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 8 of 8 to her any information that he wished her to consider. Nothing was provided. a AUSA also told Mr. Edwards he could contact the State Attorney's Office, if he wished. To her knowledge, Mr. Edwards did not make the contact. The Government has acted reasonably in keeping T.M, C.W., and S.R. informed. Petitioner's rights under the CVRA have not been violated. Therefore, her emergency petition should be denied. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES KITORNEY By: Assistant U.S. Attorney Attorney for Respondent CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via facsimile transmission and U.S. Mail, this( day of July, 2008, to: Brad Edwards, Esq., The Law Offices of Brad Edwards & Associates, LLC, Assistant U.S. Attorney -8- EFTA00233809 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson FILED by rte D.C. IN RE: JANE DOE, JUL 0 91008 STEVEN M. lAR0AOSE CLERK U.S. 0IST CT Petitioner. S.D. OF FLA. - W..N W. DECLARATION OF Al IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT OF CRIME VICTIM RIGHTS ACT. 18 U.S.C. & 3771 I, , do hereby declare that I am a member in good standing of the Bar of the State of Florida. I graduated from the University of California at Berkeley School of Law (Boalt Hall) in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts of the states ofMinnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein. EFTA00233810 Entered on FLSD Docket 07/15/2008 Page 2 of 21 Case 9:08-cv-80736-KAM Document 14 ed to the investigation of 2. I am the Assistant United States Attorney assign al Bureau of Investigation ("FBI"). Jeffrey Epstein. The case was investigated by the Feder the request of the Palm Beach Police The federal investigation was initiated in 2006 at in and his personal assistants had Department ("PBPD") into allegations that Jeffrey Epste girls between the ages of thirteen and used facilities of interstate commerce to induce young offenses. seventeen to engage in prostitution, amongst other victim notification 3. Throughout the investigation, when a victim was identified, from the FBI's Victim-Witness letters were provided to her both from your Affiant and provided to Bradley Edwards' three Specialist. Attached hereto are copies of the letters was provided by the FBI. (IN. clients, T.M., C.W., and S.R.' Your Affiant's letter to C.W. myself to T.M. at the time that she I ). Your Affiant's letter to T.M. was hand-delivered by ed letters from the FBI's Victim- was interviewed (Ex. 2).2 Both C.W. and T.M. also receiv (Exs. 3 & 4). S.R. was identified Witness Specialist, which were sent on January 10, 2008 refused to speak with investigators. via the FBI's investigation in 2007, but she initially when she was interviewed by S.R.'s status as a victim of a federal offense was confirmed ut identifying which of 'Attorney Edwards filed his Motion on behalf of "Jane Doe," witho related to C.W., T.M., and S.R. his clients is the purported victim. Accordingly, I will address facts they were minors beginning when All three of those clients were victims of Jeffrey Epstein's while they were fifteen years old. C.W. and T.M. are not the 'Please note that the dates on the U.S. Attorney's Office letters to victims were prepared early in the dates that the letters were actually delivered. Letters to all known investigation and delivered as each victim was contacted. -2- EFTA00233811 Entered on FLSD Docket 07/15/2008 Page 3 of 21 Case 9:08-cv-80736-KAM Document 14 ess Specialist sent a letter to S.R. federal agents on May 28, 2008. The FBI's Victim-Witn on May 30, 2008 (Ex. 5). FBI's Victim-Witn ess 4. Throughout the investigation, the FBI agents, the S.R. Attorney Edwards' other client, Specialist, and your A ffiant had contact with C.W. and contact with T.M. was made through 'f.M., was represented by counsel and, accordingly, all fees were paid by Jeffrey Epstein, that attorney. That attorney was James Eisenberg, and his the target of the investigation.' Office for the 5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's negotiations to resolve the Southern District of Florida ("the Office") entered into ed by the State of Florida with investigation. At that time, Mr. Epstein had been charg 796.07. Mr. Epstein's attorneys solicitation of prostitution, in violation of Florida Statutes § subsequently agreed to defer sought a global resolution of the matter. The United States Florid a, so long as certain basic federal prosecution in favor of prosecution by the State of Government was to preserve a preconditions were met. One of the key objectives for the sexua lly exploited. Thus, one federal remedy for the young girls whom Epstein had victims on July 9, 2008, is condition of that agreement, notice of which was provided to the the following: of an offense "Any person, who while a minor, was a victim of a violation will have the same enumerated in Title 18, United States Code, Section 2255, if Mr. Epstein rights to proceed under Section 2255 as she would have had, T.M. or whether 'The undersigned does not know when Mr. Edwards began representing T.M. ever formally terminated Mr. Eisenberg's representation. -3- EFTA00233812 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 4 of 21 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 6. An agreement was reached in September 2007. The Agreement contained an express confidentiality provision. 7. Although individual victims were not consulted regarding the agreement, several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007, T.M. was openly hostile to the prosecution ofEpstein. The FBI attempted to interview S.R. in October 2007, at which time she refused to provide any information regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. 8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed. One of those victims was C.W. who at the time was not represented, and she was given notice of the agreement. Notice was also provided of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been -4- EFTA00233813 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 5 of 21 notified, they complained that the victims were receiving an incentive to overstate their involvement with Mr. Epstein in order to increase their damages claims. While your Affiant t knew that the victims' statements had been taken and corroborated with independen evidence well before they were informed of the potential for damages, the agents and I concluded that informing additional victims could compromise the witnesses' credibility at trial if Epstein reneged on the agreement. 9. After C.W. had been notified of the terms of the agreement, but before Epstein performed his obligations, C.W. contacted the FBI because Epstein's counsel was attempting to take her deposition and private investigators were harassing her. Your Affiant secured pro bono counsel to represent C.W. and several other identified victims. Pro bono counsel was able to assist C.W. in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that C.W. was dissatisfied with the resolution of the matter. 10. In mid-June 2008, Attorney Edwards contacted your A ffiant to inform me that he represented C.W. and S.R. and asked to meet to provide me with information regarding Epstein. I invited Attorney Edwards to send to me any information that he wanted me to consider. Nothing was provided. I also advised Attorney Edwards that he should consider contacting the State Attorney's Office, if he so wished. I understand that no contact with that office was made. Attorney Edwards had alluded to T.M., so I advised him that, to my knowledge, T.M. was still represented by Attorney James Eisenberg. -5- EFTA00233814 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 11. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a 8:30 copy of the proposed state plea agreement and learned that the plea was scheduled for t a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Departmen attempted to provide notification to victims in the short time that Epstein's counsel had given us. Although all known victims were not notified, your Affiant specifically called attorney Edwards to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney Edwards notified me that he represented T.M., and I assumed that he would pass on the notice to her, as well. Attorney Edwards informed your Affiant that he could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney Edwards' clients was present. 12. On today's date, your Affiant provided the attached victim notifications to C.W. and S.R. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to T.M. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light of T.M.'s prior statements to law enforcement, your Affiant could not in good faith include T.M. as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel. 13. Furthermore, with respect to the Certification of Emergency, Attorney Edwards did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Affiant had -6- EFTA00233815 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 7 of 21 'Nee already received the Certification of Emergency and Emergency Petition, I received a letter from Attorney Edwards that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition. 14. I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct to the best of my knowledge and belief. Executed this CM day of July, 2008. -7- EFTA00233816 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/20 U.S. Department of Justice United States Attorney Southern District ofFlorida SOO South Australian Ave . Suite 400 West Palm Death. FL 3.3401 ($61)8204711 Focsimile• 061) 820-8777 June 7, 2007 DELIVERY3Y HAND Miss Olie Re: Crime Victims' and Witnesses' Righls Dear Miss We Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights arc: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. tt Members of tie U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights arc protected. If you have any concerns in this regard, please feel free to contact me or Special Agentj fronrthe Federal Bureau of Investigation You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. That Office has a website at www.ovc.gov. You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00233817 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 9 of 21 Miss Cleillaa JtagE 7, 2007 PAGE 2 In addition to these rights, you are entitled to counseling and medical services, and protection may be from intimidation and harassment. If the Court determines that you arc a victim, you also entitled to restitution from the perpetrator. A list of counseling and medical service providers can or be provided to you, if you so desire. If you or your family is subjected to any intimidation harassment, please contact Special Agent myself immediately . It is possible that someone working on behalf of the targets of the investigatio n may contact you. Such contact does not violaltithe lave..., However, if you arc contacted, you have the choice of speaking to that person or refusing tedo So: If ou refuse and feel that you are being threatened or harassed, then please contact Special Agent or myself. You also arc entitled to notification ofupcoming case events. At this time, your case is under investigation; If anyone is charged in connection with the investigation, you will be notified. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: Special Agent EFTA00233818 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/200 U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Ave., Suite 400 West Palm (leach. FL 33401 (56!) 8204711 Facsimile, (SW 820-8777 August I I, 2006 DF;j,.. VI! CIF IN %/LAMM Mi Re: Crime Victims' and Witnessa:Righis Dear Miss Pursuant to the Justice for All Act of 2004, as a victim and/ur witness of a federal offense, you have a number of rights. Those rights are: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determnes that your testimony may be materially altered i Cyan are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. f Members of the U.S. DepartMent of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are rotected. If you have any concerns in this regard, please feel free to contact me at, or Special Agent front the Federal Bureau of Investigation at You also can contact the Justice Department 's Office for Victims of Crime in Washington, D.C. at I That Office has a website at www.ovc.gov. You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights set forth above arc being violated, you have the right to petition the Court for relief. EFTA00233819 Entered on FLSD Docket 07/15/2008 Page 11 of 21 Case 9:08-cv-80736-KAM Document 14 AUGUST II, 2006 PAGE 2 and medical services, and in In addition to these rights, you are entitled to counseling that you arc a victim, you from intimidation and harassment. If the Court determines eling and medical service pi 0. .. entitled to restitution from the perpetrator. A list of couns family is subjected to any Unix • be provided to you, if you so desire. If you or your myself immediately. It is p, harassment, please contact Special Agent IIIIM=Dr may contact you. Such c4,.• • someone working on behalf of the targets of the investigation the choice of speaking to i not violate the law. However, if you are contacted, you have are being threatened or harassed, ill:. or refusing to do so. If you refuse and feel that you Contact Special Agent=ar myself. At this time, your You also are entitled to notification ofupcoming case events. ction with the invest igation , you will be no, investigation. If anyone is charged in conne Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: Special Agent F.B.I. I I EFTA00233820 Case 9:08-gy-89736-KAM Document 14 Entered on FLSD Docket 07/15L20(111,. Pageiaof 21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Elegiac Drive West Palm Beach, FL 334111 Phone: (681)833-7517 Fax: (561) 833-7970 January 10, 2008 Re: Case Number. Dearl This case la currently under investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough Investigation. As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused: (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, Involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence. determines that testimony by the victim would be materially altered It the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding In the district court Involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (8) The right to full end timely restitution as provided In law: (7) The fight to proceedings free from unreasonable delay; (8) The right to be treated with fairness end with respect for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indlcbnent of an Individual for the crime. and it win become the responsibility of the prosecuting United States Attorney's Otfice to ensure you are accorded those rights. You may also seek the advice of a private attorney wt respect to these rights. The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal fucks system. You may obtain current Information about this matter on the Internet al WVYW.NotIfy.USDOJ.GOV or from the VNS Call Center at 1-865-DOJ-4YOU (1-866-365- 4968) (TDD/TTY: 1.866-2284618) (International: 1-502-213-2767). In addition, you may use tne Can center or Internet to update your contact information end/or change your decision about participation M the notification program. If you update your Information to include a current email address, VN will send information to that address. You will r following Victim Identification Number (VIN) d Personal Identification Number (PIN) nytime you contact the Call Center and the firs time you log on to VNS on the Internet. In addition, thefirst Ume you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained In VNS. The name you should enter is a EFTA00233821 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07115/2008' Pagre 1Z BT 21 It you have additional questions which Involve this matter, please contact the office listed above. When you cal, please provide the file number located at the top of this letter. Please remember. your participation in the notification part of this program Is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current. Sincerely. Victim Specialist EFTA00233822 Case 9:08,cv-80736-KAM Document 14 Entered on FLSD Docket 07dA5J$00€-i Paget/it/of 21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Paint Beach Suite 560 505 South Flagler Drive West Palm Beach FL 33401 Phone: (581) 833.7517 Fax: (561) 833-7970 January 10.2008 James Eisenberg Ono Cleartake Center Ste 704 Australian South West Palm Beach. FL 33401 Re. air Dear James Eisenberg: You have requested to receive notifications to be a lengthy process and we request your This case is currently under Investigation. This can investigation. continued patience while wo conduct a thorough under 18 Untied States Code § 3771: (1) The right to Asa alma victim, you have the following rights The right to reasonable, accurate, and timely notice of any be reasonably protected from the accused; (2) ding, Involving the crime or of any release or escape of the public court proceeding, or any parole procee accused; (3) The right net to be exclude d from any such public court proceeding. unless ti e court, after testimony by the victim would be materially altered if receiving clear and convincing evidence, determines that ny at that procee ding; (It) The right to be reasonably heard at any public the victim heard other testimo , sentencing, or any parole proceeding; (5) The proceeding In the district court involving release plea, with the attorne y for the Govern ment in the case; (6) The right to lull and timely reasonable right to confer dings bee from unreasonable delay: (8) The right to be restitution as provided In law, (7) The right to procee with respec t for the victim's dignity and privacy. treated with fairness and rights descnbed. Most of these rights We will make our best efforts to ensure you are accorded the or Indictm ent of an individu al for the crime, and It will become the pertain to events occurring after the arrest you are accorded those rights. You Office to ensure responsibility of the prosecuting tinned States Attorney's attorne y with respec t to these rights. may also seek the advice of a private with direct Information regarding the The Victim Notification System (VNS) is designed to provide you . YoU may obtain current Information about this matter case as it proceeds through the criminal justice system at 1.886-DOJ-YOU (1.866-365- Notify.USDOJ.G OV or from the VNS Call Center on the Internet at WWW. n, you may use the Call 1.502.2 13-276 7). In additio 4968) (TDD/TTY:1-866-228-4619) (International: your contact Informa tion and/or change your decisle ri about panic-Sieben in the Center or Internet to update emelt addres s, VNS will send tion to Include a current notification program. If you update your Informa r )illit and You will the followin g Victim Identifi cation Numbe (VIN information to that address. end the rrst me you log on to ytim e you contac t the Can Center Personal Identification Number (PIN) IMMn you will be prompted to enter . the fir st Ume you access the VNS Interne t site, VNS on the Internet. In addltien VNS. The name you should enter is Eisenberg. your last name (or business name) as currently contained in EFTA00233823 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07146/2008, D, Page *POI 21 4 sfe ‘ /3 'we matter, please contact the office listed above. When If you have additional questions which involve this ation at the top of this letter. Please remember, your particip you call, please provide the the number located e to receive nolafications, it is your program is volunta ry. In order to continu in the notification part of this . responsibility to keep your contact Information current EFTA00233824 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket NM 51-20 Nest U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach • g.i Suite 500 ••••41.ift` t 505 South Flagler Drive West Palm Beach, Fl. 33401 "i4VAlf Phone: (561)833-7517 Fax: (561) 833-7970 May 30. 2008 Re: De Program as being a possible victim of a federal Your name was referred to the FBI's Victim Assistance ation while we ere investigating this case. We would like to crime. We appreciate your assistance and cooper to you and to answer any questions you may have make you aware of the victim services that may be available the Investig ation. Our program is part of the FBI's effort to regarding the criminal justice process throughout d information about their rights under federal law. ensure the victims are treated with respect end we provide the case. The enclosed brochures provide information about These rights include notification of the status of tions for accessing the Victim Notification System the FBI's Victim Assistance Program, resources and instruc informa tion regardi ng the status of your case. (VNS). VNS is designed to provide you welt a lengthy process and we request your This case Is currently under Investigation. This can be investigation. continued patience while we conduct a thorough 18 United States Code § 3771: (1) The right to As a crime victim, you have the following rights under d: (2) The right to reason able, accurate, end timely notice of any be reasonably protected from the accuse crime or of any release or escape of the involvin g the public court proceeding, or any parole proceeding, procee ding, unless the court, after d from any such public court accused; (3) The right not to be exclude by the victim would be materially altered If ny receiving clear and convincing evidence, determines that testimo ably heard at any public that procee ding; (4) The right to be reason the victim heard other testimony at parole procee ding; (5) The cing, or any proceeding in the district court involving release, plea. senten the (6) The right to full and timely attorne y for the Govern ment In case; reasonable right to confer with the free from unreas onable delay, (8) The right to be restitution es provided In law; (7) The right to procee dings with respec t for the victim's dignity and privacy . treated with fairness and rights described, Most of these rights We will make our best efforts to ensure you ere accorded the ent of an individu al for the crime, and it will become the pertain to events occurring after the arrest or indictm United States Attorne y's Office to ensure you are accorded those rights. You responsibility of the prosecuting t to these rights. may also seek the advice of e private attomey with respec you with direct information regarding the The Victim Notification System (VNS) Is designed to provide the crimina l justice system . You may obtain current information about this matter case as it proceeds through Center at 1.866-DCJ-4YOU (1-866-365- or from the VNS Call on the Internet at WYV1A'.Notify.USDOJ.GOV In addition, you may use the Call 66-228 -4619) (Interna tional: 1-502-2 13-276 7). 4968) (TOO/TTY71-8 change your decision about participation In the Center or Internet to update your contact information anWor current email address, VNS will send notification program. if you update your Information to Include a cation Number (VIN)-' end need the followin g Victim Identifi information to that address. You will end the fir st time you log or to me you contact the Call Center Personal IdentificaUon Number (PIN t slle, you will be prompted to enter the rst lime you access the VNS Interne VNS on the Internet. In addition, VNS. The name you should enter is *pa your last name (or business name) as currently contained in EFTA00233825 21 CaseVn9:.08-ev-80-736-KAM Document 14 Entered on FLSD Docket 07,45,2806,,, Pagelgtof ...., ....---- N./ matter, please contact the office Ested above. When If you have additional questions which involve this remem ber, your participation of this letter. Please you call, please provide the file number located at the top e to receive notifica tions, ft is your order to continu in tne notitcation pan of this program is voluntary. In responsibility to keep your contact informa tion current . Sincerely, V.chm Specialist TOTAL P.07 EFTA00233826 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 18 of 21 •—• so GOVERMENT EXHIBIT U.S. Department of Justice NO.08.80776CV-MARRA United States Attorney EXHIBIT NO. 6 Southern District ofFlorida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 33401 (561)820-8711 Facsimile: (561) 820-8777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC Re: 'Jeffrey Epsteirl NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454/OOCXMB and 2008-cf- 00938 I A XXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00233827 Document 14 Entered on FLSD Docket 07/15/2008 Page 19 of 21 Case 9:08-cv-80736-KAM 440 BRAD EDWARDS, ESQ NOTIFICATION OF IDENTIFIED VICTIM a Va. July 9, 2008 PAGE 2 or 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, C - is an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination ofm self and Special Agentsl and express the heartfelt regards s for the health and well-being of Ms. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASSISTANT U.S. ATIORNEY cc: Jack Goldberger, Esq. EFTA00233828 Document 14 Entered on FLSD Docket 07/15/2008 Page 20 of 21 Case 9:08-cv-80736-KAM 000•0 GOVERNMENT EXHIBIT (I.S. Department of Justice CASE NODS-8073(-CV•MARRA United States Attorney SHEET Southern District ofFlorida NO. 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (361) 820-8711 Facsimile: (561)8204777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC Re: Jeffrey Epstein, NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations ofFlorida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454/OOOCMB and 2008-cf- 00938 I AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00233829 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 21 of 21 %SO MAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM S - Jul 9, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intcnt of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, S la is an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack him at Atterbury Goldberger and Weiss, Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all ofher assistance during the course of this examination and express the heartfelt regards ofmyself and Special Agents for the health and well-being of Ms. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY B ASSIS I A cc: Jack Goldberger, Esq. EFTA00233830 Entered on FLSD Docket 01/07/2009 Page 1 of 41 Cape 9:08-cv-80811-KAM Document 33 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA W CASE NO.: 08-80811-CIV-ZLOCH/SNO C.M.A., FILED UNDER SEAL' Plaintiff, Sealed vs. S D.C. JEFFREY EPSTEIN and FILED b JUL 2 5 2008 Defendants. O191 ORE STEVEN M. LARIM CLERK U.S. CT F1 FREY EPSTEIN AND MOTION FOR STAY deferred- rosecution agre ement between the United ' This motion is filed under seal because the sq.) and Mr. Epstein, rney States Attorney's Office (by Assistant U.S. Atto iden tiali ty clau se. discussed herein, contains a conf Lewis Tei n ri. FLORIDA 33133 3039 Ow.° Avows. SIMI 34 0, COComir GROVE. EFTA00233831 Entered on FLSD Docket 01/07/2009 Page 2 of 41 , Case 9:08-cv-80811-KAM Document 33 respectfully move for a Defendants Jeffrey Epstein and 18, United States Code, Section 3509(k), mandatory stay of this action under Title er this Court's discretionary authority to Section 1595(bX1), and alternatively, und e of a pending federal criminal action. stay civil litigation, based on the existenc Introduction federal criminal action concerning, This lawsuit arises from a pending the plaintiff Jane Doe, who, according to among other things, an alleged assault of pro vided "massages" to Epstein with "no her complaint, on "numerous occasions" and was "sometimes paid . . . for the credentials to provide massage therapy" ral statute directly on point provides that `sessions'." Compl., ¶¶ 6, 11. A fede e a minor victim arises out of the sam when a civil suit alleging damages to l suit "shall be stayed until the end of all occurrence as a "criminal action," the civi the crim inal acti on. " 18 U.S .C. § 3509(k) (emphasis added).' phases of ision reads: The full text of the mandatory-stay prov or for recovery of compensation for damage If, at any time that a cause of action ing whi ch aris es out inal action is pend injury to the person of a child exists, a crim chil d is the victim, the civil action shall of the same occurrence and in which the the the criminal action and any mention of be stayed until the end of all phases of eeding is prohibited. As used in this civil action during the criminal proc until its final adjudication in the trial subsection, a criminal action is pending court. IS U.S.C. § 3509(k). Teinr. GRove. FLORIDA 3313) 3039 GLAND Amyl, Sun 340. Cocomir EFTA00233832 Entered on FLSD Docket 01/07/2009 Page 3 of 41 Case 9:08-cv-80811-KAM Document 33 from datory until the criminal action arising Accordingly, a stay of this case is man ding. the same allegations is no longer pen The Pending Federal Criminal Action icted Jeffrey Epstein on allegations In 2006, a Florida state grand jury ind te of Flo rida" Jeffrey Epstein, Case No. similar to those in the instant action (Sta a Circuit, Palm Beach County) (the "Florid 2006 CF 09454A, Fifteenth Judicial United States Att orney's Office for the Criminal Action"). Shortly thereafter, the ") began a federal grand-jury investigation Southern District of Florida (the "USAO and incidents alleged in the instant action (Gr into allegations arising out of the same District Cou rt for the Southern District of Jury No. 07-103 (WPB), United States "). Florida) ("the Federal Criminal Action Epstein entered into a highly unusual In September 2007, the USAO and Mr. agreem ent (the "Agreement"), in which the and unprecedented deferred-prosecution close) the Federal Cri minal Action on the USAO agreed to defer (not dismiss or ply with numerous obligations, the first of condition that Mr. Epstein continue to com state cha rges in the Florida Criminal Action. which was pleading guilty to certain sed") ferred" (rather than "dismissed" or "clo The Agreement itself uses the term "de inal Action: to describe the status of the Federal Crim xander Acosta, United States THEREFORE, on the authority of R. Ale Florida prosecution in this Attorney for the Southern District of erred in favor of prosecution by District, for these offenses shall be def 2 Lewis asin M. Otoys. FLOIUDA 33133 3059 GRAND Aveave, Suns 340. Cocostrt EFTA00233833 Entered on FLSD Docket 01/07/2009 Page 4 of 41 Case 9:08-cv-80811-KAM Document 33 Epstein abides by the following the State of Florida, provided that Agreement . . . . conditions and the requirements of this Agreement, at 2. close, complete, dismiss or abandon By no stretch did the USAO finalize, r recently the Federal Criminal Action. Indeed, as the lead federal prosecuto d to defer federal prosecution in favor of explained, the USAO merely "agree .. ." See In re: Jane Doe, Case No. 08- prosecution by the State of Florida . (D.E. 14), Decl. of AUSA Villafana, 80736-CIV-Marra/Johnson (S.D. Fla.) ibit "A" (emphasis added). Under the 07/09/08, ¶ 5, attached hereto as Exh continuing right to indict Mr. Epstein - Agreement, the USAO presently retains the ral "charg es" that may already have been - or to unseal "any" already-existing fede and sealed - - should he breach any of its handed up by the federal grand jury provisions. Agreement, at 2. until three months after Mr. Epstein The period of the deferral continues Flo rida Criminal Action. Id. Indeed, the completes service of his sentence in the term constitute an extended period during final three months of the Agreement's ability to evaluate whether Epstein which the USAO expressly retains the he us obligations under the agreement while committed any breaches of his numero so dete rmines, reserves the right to indict was serving his state sentence, and, if it 3 Le3S;I:Q.inn Gliove, FloitsuA 13133 1059 GRAND Aratut Sun 340. COCONUT EFTA00233834 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 5 of 41 Epstein - - even after he has (or unseal an existing indictment against) Mr. completed serving his entire state sentence. ution of a plea The Agreement further provides that upon Epstein's exec Criminal Action "will be agreement in the State Criminal Case, the Federal held in abeyance unless suspended" and all pending grandjury subpoenas "will be ment." Agreement, at 5 and until the defendant violates any term of this agree Epstein to "mai ntain (emphasis added). The Agreement directs the USAO and tly related to the grand their evidence, specifically evidence requested by or direc such evidence "inviolate." jury subpoenas that have been issued," and to maintain the grand-jury subpoenas Id. (emphasis added). It also expressly provides that letion of the terms of continue to remain "outstanding" until "the successful comp this agreement." Id. (emphasis added). Further, it includes a promise not to prosecute mova nt/defendant MI itions of th[e] only if "Epstein successfully fulfills all of the terms and cond agreement." Id. n of prosecution Finally, the Agreement provides that the USAO's declinatio ing (sealed) charges will for certain enumerated offenses and dismissal of any exist sentence: not occur until 90 days following the completion ofhis state based on If the United States Attorney should determine, Epstein reliable evidence, that, during the period of the Agreement, t, then the willfully violated any of the conditions of this Agreemen 4 Liewia3Ceinn 7059 OLAND AVENUE, Sun 340. CCO3eitif Gitove.ROMA 33133 EFTA00233835 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 6 of 41 days following the United States Attorney may, within ninety (90) below, provide expiration of the term of home confinement discussed s) of the Epstein with timely notice specifying the condition( prosecution on Agreement that he has violated, and shall initiate its notice of the any offense within sixty (60) days' of [sic] giving this paragraph violation. Any notice provided to Epstein pursuant to learning of facts shall be provided within 60 days of the United States h of the which may provide a basis for a determination of a breac Agreement. the After timely fulfilling all the terms and conditions of s 1 and 2 of Agreement, no prosecution for the offenses set out on page subject of this Agreement, nor any other offenses that have been the on and the the joint investigation by the Federal Bureau of Investigati from the United States Attorney's Office, nor any offenses that arose District, and Federal Grand Jury investigation will be instituted in this the charges against Epstein, if any, will be dismissed. Agreement, at 2. Federal Criminal Consistent with the Agreement and its position that the letters to attorneys for Action continues to remain pending, the USAO recently sent those letters, the USAO people that the USAO has designated as "victims." In Mr. Epstein denies that asked, "[I]f you do file a claim under 18 U.S.C. § 2255 and e provide notice of that your client is a victim of an enumerated offense, pleas fana, Exhs. 6 & 7, at denial to the undersigned [AUSA]." See Decl. of AUSA Villa O's request (by whic h the 2 (July 9, 2008). The clear implication of the USA litigation, despite advising the USAO appears to involve itself in the instant civil litigation," id. at 2), recipients that it cannot "take part in or otherwise assist in Agreement. is that the USAO believes that such denial might breach the 5 LeaVein,,, 3039 GRAND MINA SUITE 340.Coci3Nur GitovE. FLORIDA 13133 EFTA00233836 Document 33 Entered on FLSD Docket 01/07/2009 Page 7 of 41 Case 9:08-cv-80811-KAM ding. " Accordingly, the Federal Criminal Action remains "pen Discussion 1. Section 3509(k) Imposes a Mandatory Stay. on 3509(k) is clear and The language of Title 18, United States Code, Secti until the end of all phases of the mandatory: a parallel "civil action shall be stayed d). The word "shall" means criminal action." 18 U.S.C. § 3509(k) (emphasis adde to a Court's discretion. that the statute's command is mandatory and not subject (noting Congress' "use of a See, e.g., Lopez' Davis, 531 U.S. 230, 241 (2001) s") (emphasis added); mandatory `shall' to impose discretionless obligation h, 523 U.S. 26, 35 (1998) Lexecon Inc. I. Milberg Weiss Bershad Hynes & Lerac ally creates an obligation (explaining that "the mandatory `shall' . . . norm Cf. Miller'. French, 530 impervious to judicial discretion") (emphasis added). provision of the Prison U.S. 327, 350 (2000) (construing the litigation-stay Congress clearly intended to Litigation Reform Act, holding, "Through the PLRA, precluding courts from make operation of the automatic stay mandatory, we conclude that this exercising their equitable powers to enjoin the stay. And .") (emphasis added). provision does not violate separation of powers principles construed "the plain One District Court within the Eleventh Circuit recently . . . where . . . a parallel language of § 3509(k)" as "requirfing/ a stay in a case 260, 2005 WL 950623, criminal action [is] pending." Doe'. Francis, No. 5:03 CV 6 Lewis :Term a 33133 3059 GRAND AYDWE. Sun MkCOCONUTGROVE. hall/A EFTA00233837 Document 33 Entered on FLSD Docket 01/07/2009 Page 8 of 41 . Case 9:08-cv-80811-KAM hasis added). Accord Doe I at *2 (N.D. Fla. Apr. 20, 2005) (Francis II) (emp (N.D. Fla. Feb. 10, 2005) Francis, No. 5:03 CV 260, 2005 WL 517847, at *1-2 "a criminal case currently (Francis I) (staying federal civil action in favor of g from the same facts and pending in state court in Bay County, Florida, arisin g that "the language of 18 involving the same parties as the Instant action," notin a case such as this where a U.S.C. § 3509(k) is clear that a stay is required in from the same occurrence parallel criminal action is pending which arises is no contrary opinion from involving minor victims") (emphasis added). There any court. atory, the Francis ll In determining that the federal stay provision is mand law supporting, or even court expressed that there was apparently no case of] § 3509(k)." Francis "discussing the [avoidance] of a stay [under the command written, the Francis II court II, 2005 WL 950623, at *2. Deferring to the statute as ed victims had already rejected the plaintiffs' argument that some of the alleg reached their majority. See id. The court similarly rejected the plaintiffs' sts to avoid a stay so as to argument that it would be in the victims' best intere harm due to the 'frustrating counteract the victims' "ongoing and increasing mental Id. delay in both the criminal case and [the civil] case.'" 7 l'eVA-Xein 33133 3039 GIIM413 AVENUE, SUITS 340. COCONUT GlOvt. FUN/DA EFTA00233838 Entered on FLSD Docket 01/07/2009 Page 9 of 41 . Case 9:08-cv-80811-KAM Document 33 ions, Not Just Indictments. II. Section 3509(k) Applies to Investigat inal case against Mr. Epstein, the While there is no unsealed indicted crim inst him remains open. Section 3509(k) government's criminal investigation aga d ing the pendency, not only of indicte clearly applies to stay civil cases dur criminal investigations. criminal cases, but also of pre-indictment ly defined in § 3509(k). It is The term "criminal action" is not express ute. Title 18, U.S.C. § 1595 provides a defined, however, by a closely related stat x traffick ing" violations, but stays such civil remedy for "forced labor" and "se e criminal action arising out of the sam actions "during the pendency of any ss victim."2 In enacting § 1595, Congre occurrence in which the claimant is the 'The full text of that statute provides: § 1595. Civil remedy a victim of a violation of section 1589, (a) An individual who is civil action against 1590, or 1591 of this chapter may bring a court of the United the perpetrator in an appropriate district onable attorneys States and may recover damages and reas fees. shall be (b) (1) Any civil action filed under this section inal action stayed during the pendency of any crim in which the arising out of the same occurrence claimant is the victim. includes (2) In this subsection, a "criminal action" and is pend ing until investigation and prosecution final adjudication in the trial cour t. 18 U.S.C. § 1595. 8 Le_vykt GROVE, FLORIDA 33133 3059 GRAND AMIDE. Sprit 34D, CoCOxur EFTA00233839 Entered on FLSD Docket 01/07/2009 Page 10 of 41 Case 9:08-cv-80811-KAM Document 33 ly min al action" would be applied extreme specifically intended that the term "cri it the pains to ensure that courts would give broadly. Accordingly, Congress took for that reas on, specified in the definition broadest possible construction and, "includes investigation." 18 U.S.C. provision that "criminal action" also it n addressing this provision interpreted § 1595(b)(2). The only reported decisio to its plai n lang uag e. See Ara i. Khan, No. CV 07-1251, 2007 WL accord ing e (ordering "all proceedings in this cas 1726456, *2 (E.D.N.Y. June 14, 2007) pen din g the con clus ion of the gov ern ment's criminal investigation of the stayed prosecution") (emphasis added). defendants and of any resulting criminal tein indicates that: Given that the USAO's Agreement with Eps tstanding" (Agreement, at 5); • the grand-jury's subpoenas remain "ou (id.); • the subpoenas are "h[e]ld . . . in abeyance" ); • the subpoenas are not "withdrawn" (id. e" (id.) (which would be • the parties must "maintain their evidenc against Epstein were closed); entirely unnecessary if the investigation issed" until after Epstein • "any" existing "charges" will not "be dism ditions of the Agreement" has "timely fulfill[ed] all the terms and con (id. at 2) (emphasis added); and erred" (id.) (but not closed • "prosecution in this District . . . shall be def or dismissed) - - that the Federal Criminal Action remains then the only reasonable conclusion is "pending." 9 LeeaStnn . i Goon. FLORIDA 33133 3059 GRAND Amur_ Sun 3411.O3C0fiv EFTA00233840 Entered on FLSD Docket 01/07/2009 Page 11 of 41 Case 9:08-cv-80811-KAM Document 33 e "pe nding" is "[r]emaining undecided; The ordinary meaning of the adjectiv also Dictionary 1154 (8th ed. 2004)2 See awaiting decision . . . ." Black's Law . 2002) (relying on Black's Law White Klitzkie, 281 F.3d 920, 928 (9th Cir case, for the definition of "pending" as Dictionary, in the context of a criminal , 204 F.3d 417, 421 (3d Cir. 2000) (relying "awaiting decision"); Swartz I Meyers inition of "pending," expressly because on Black's Law Dictionary for the def of the ute"). Any common-sense reading "'pending' is not defined in the stat rn construction of it, is consonant with the Agreement and the USAO's recent swo undecided" and "awaiting decision." See Federal Criminal Action's "remaining No. nty $ Athens Newspapers, LLC, Unified Gov't of Athens-Clarke Cou a 33, ____, 200 8 WL 257 923 8, *3 (Ga. June 30, 2008) (reviewing S07G11 its 's "pending investigation" exception to public-records request against Georgia has seemingly inactive investigation which open-records law, and holding that "a cally "rem ains undecided," and is therefore not yet resulted in a prosecution logi file closed') (emphasis added). "pending," until it "is concluded and the Law Unit ed Stat es Cou rt of App eals for the Eleventh Circuit routinely relies on Black's ed ' The s, including in criminal cases. See e.g., Unit Dictionary for the definition of statutory termh Cir. 2008) (definitions of criminal "complaint" States' Young, 528 F.3d 1294, 1297 n.3 (11t 526 F.3d 691, 705 (11th Cir. 2008) (definiti on of and "indictment"); United States I Brown, "knowingly" in criminal statute). 10 LesyrA rtsin n. UT GROVE.RONDA 33133 3039 GUMP AMAXSIMI 340, COCON EFTA00233841 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 12 of 41 III. Section 3509(k) Applies Even After a Plaintiff Turns 18. The parallel stay provision in § 1595, discussed supra at 8-9, mandates, without exception, that any civil action brought under that section for violation of § 1591 (prohibiting transportation of minors for prostitution) "shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim." 18 U.S.C. § 1591(b)(1). Whether the § 1595 plaintiff has turned 18 does not vitiate the efficacy of this mandatory stay. An example illustrates why the stay provided in § 3509(k) has the same broad scope as the stay provided in § 1591(b)(1). As discussed above, § 3509(k) stays any civil suit for injury to a minor, arising out of the same occurrence as a pending criminal action. One type of civil suit falling within § 3509(k)'s ambit is a suit seeking redress for a violation of 18 U.S.C. § 2423(a). Section 2423(a) - - just like § 1591 - - prohibits transportation of minors for prostitution. The elements of both statutes are identical. There would simply be no legitimate basis for Congress to differentiate between the consequences attached to violating these two sections. Thus, just as Congress mandated under § 1595(b)(1) that civil discovery shall be stayed when there is an ongoing federal investigation under § 1591 (even after the victim turns 18), the identical treatment should apply under § 3509(k) to civil actions brought for the identical violation of § 2423(a). II Lewis "reins. 3039 GRANO AVENUE, SUITE 340. COCOMT GROVE, FLOOD* 33133 EFTA00233842 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 13 of 41 the § 3509(k) stay to Logic compels a rule requiring continued application of a putative victim who has since turned 18. Consider again the example of § 2243(a) violator with two § 2243(a). Assume that the USAO is investigating a turned 19. Assume further alleged victims; one who is now 17, and one who has the USAO is still in the process that both decide to sue the alleged offender while Congress enact § 3509(k) to of conducting its criminal investigation. Why would in the 17-year-old's lawsuit, prohibit the defendant from conducting civil discovery ear-old's lawsuit, including but permit him to conduct full discovery in the 19-y the federal investigating taking the depositions of both the 19- and the 17-year-old, not have been Congress' agents and all the grand-jury witnesses? This could intent. is also instructive. The legislative history to a statute resembling § 1595 ded a civil remedy to any When Congress enacted 18 U.S.C. § 2255, it provi See Child Abuse Victims' "minor . . . victim" of enumerated federal sex offenses. , § 703 (1986). In 2006, Rights Act of 1986, Pub. L. No. 99-500, 100 Stat. 1783 of action was available Congress amended the statute to clarify that the civil cause he turned 18. See Pub. not just while the victim was a minor, but even after she or § 2255 to permit suit by L. 109-248, 120 Stat. 650, § 707 (bX I XA) (amending when they were minors, adults who were victims of enumerated federal offenses g "Any person, who, while a by deleting "Any minor who is [a victim]" and addin 12 Lewis Tein „.. ri 3313% 3059 cacao AVENUE. SUITE 340. CCCOMN GROVE, FLORIDA EFTA00233843 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 14 of 41 (k). completion of a criminal action. See also 18 USC § 3509 ), reprinted at 2003 WL H.R. Rep. 108-264(11), 108th Cong., 1st Sess. (2003 t of Justice on bill later 22272907, at *16-17 ("agency view" by the Departmen codified at 18 U.S.C. § 1595). clearest terms: "We The Department specifically argued to Congress in the civil redress and that believe that prosecutions should take priority over civil suits." M. at 17 prosecutions should be complete prior to going forward with st that pending prosecutions (emphasis added). Nowhere did the Department sugge simply because a particular warrant less protection (Le., should be "hinder[ed]") civil plaintiff happens to reach his or her 18th birthday. Lawsuits. IV. A Stay is Mandatory Despite Resulting "Delay" to Civil (discovery, trial, Inherent in any § 3509(k) stay is delay to the progress this in enacting the stay appeal) of all related civil lawsuits. Congress recognized of completing a criminal provision, which necessarily prioritized the interests ular plaintiff in seeking investigation and prosecution over the interests of a partic personal pecuniary damages. Based on this reasoning, the Francis II court "simply because the state specifically refused to provide any relief to plaintiffs would hope." The court made [criminal] matter is not progressing as fast as they t the "frustrating delay" this determination despite the plaintiffs' complaints abou almost two years with no end and that "the state criminal case `has languished for 14 Lewis Teinn. 33133 3039 GRAND AVOW., SUET. 340. COCONUT 0110VI, FLOIUDA EFTA00233844 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 15 of 41 ssed in state [criminal] court." in sight,' finding that this "is a matter to be addre atten dant to the term of the Id. Accordingly, the anticipated delay in this case, clear command of § 3509(k). deferred-prosecution agreement, does not change the d seven years before According to her own pleadings, the plaintiff waite ully claim prejudice from filing this lawsuit, Compl. ¶¶ 2,6, and so cannot rightf additional temporary delay. Section 3509 Aside, a Discretionary Stay is Warranted. ate of § 3509, a Even, arguendo, were this Court not to apply the mand pendency of the Federal discretionary stay should still be entered during the . 2d 1298, 1326 (N.D. Criminal Action. SEC I. Healthsouth Corp., 261 F. Supp the power to stay a civil Ala. 2003) ("No question exists that this court has tigation."). Other federal proceeding due to an active, parallel criminal inves criminal action may be statutes support such a stay -- particularly when the adversely affected by the civil litigation. For example, under 18 U.S.C. enced [against the United § 2712(e)(1), "the court shall stay any action comm adversely affect the ability States] if the court determines that civil discovery will or prosecution of a related of the Government to conduct a related investigation in remains subject to criminal case." Allowing this lawsuit to progress while Epste ocably and irreparably. As the Federal Criminal Action will prejudice him irrev 15 Lewis. rein I% 331)3 3039GRAND AVENUE. SUITE 310. COCONUT GROWL FLOIUDA EFTA00233845 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 16 of 41 provided below, there are several adverse effects to allowing this case to proceed while the Federal Criminal Action remains pending. In this lawsuit, Epstein has a right to defend himself. In the Federal Criminal Action, Epstein has a right against self-incrimination." Without a stay, Epstein will be immediately forced to abandon one of these rights. Should he choose his Fifth Amendment rights, he will expose himself to an adverse inference at the summary judgment stage and at trial. See generally, Wehling Columbia Broad. Sys, 611 F.2d 1026, 1027 (5th Cir. 1980) (observing that "invocation of the privilege would be subject to the drawing of an adverse inference by the trier of fact"). On the other hand, should Epstein choose his right to defend himself in this lawsuit, the USAO will be able to use his responses at every stage of the discovery and trial process (e.g., his Answer, responses to document requests, responses to requests for admissions, sworn answers to interrogatories, answers to deposition questions, and trial testimony) to his detriment in the Federal Criminal Action! ' The privilege applies in "instances where the witness has reasonable cause to apprehend danger" of criminal liability. Hoffman' United States, 341 U.S. 479, 486 (1951). This could give the USAO a tremendous advantage in prosecuting Epstein in the Federal Criminal Action. See Comment, Using Equitable Powers to Coordinate Parallel Civil and Criminal Actions, 98 Harv. L. Rev. 1023, 1026 (1985) (observing that "the prosecutor may have access to detailed civil depositions of the accused witnesses, while the rules of criminal procedure bar the accused from deposing the prosecutor's witnesses"). 16 Le3SaaVn n. 3059 GOLAND AVENUE. SIATE 140. COCONUT Cotove. FLORIDA 33133 EFTA00233846 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 17 of 41 In this lawsuit, even before civil discovery begins, under the Initial Disclosures required by Fed. R. Civ. P. 26 and S.D. Fla. Local Rule 26.1, Epstein "must" disclose the identities of all the witnesses he would call in his defense to the Federal Criminal Action (Rule 26(a)(1)(A)(i)), copies of "all documents" he "may use to support [his] defenses" (Rule 26(a)(I)(AXii)), as well as the identity of "any" expert witness he "may use at trial," along with mandatory disclosure of "a written report" containing "a complete statement of all opinions the [expert] will express and the basis and reasons for them" (Rule 26(a)(2XA) and (B)(i)). In contrast, in the pending Federal Criminal Action, which is governed exclusively by the Federal Rules of Criminal Procedure, the USAO would not be entitled to compel pre-trial production of any of this information. See Fed. R. Cr. P. 16(b)(1)(A), (C), and 16(b)(2); United States I Argomaniz, 925 F.2d 1349, 1355-56 (11th Cir. 1991) (explaining act-of-production privilege). Thus, absent a stay of this civil action, the USAO would receive fundamentally unfair access to defense information and highly prejudicial advance insight into criminal defense strategy. See Comment, 98 Harv. L. Rev, at 1030 ("To the extent that a prosecutor acquires evidence that was elicited from the accused in a parallel civil proceeding, the criminal process becomes less adversarial."). 17 Jam. 309 GRAHD AVENUE, Stint 340, COCatiuT OROVL FLOIUDA 33133 EFTA00233847 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 18 of 41 ding against third Without a stay in place, discovery will proceed, inclu oenas seeking parties. Mr. Epstein will have no alternative but to issue subp For example, Epstein is evidence from state and federal law-enforcement officers. ents (including inconsistent clearly entitled to discover evidence of prior statem previously interviewed. statements) given by witnesses whom law-enforcement has (holding that district court See, e.g., Cox' Treadway, 75 F.3d 230 (6th Cir. 1996) t statements that properly admitted testimony of prosecutor about prior inconsisten ed to discovery of witness made to the prosecutor). Likewise, Epstein may be entitl grand jury or other law- relevant evidence that is in the present possession of the F. Supp . 526, 527 (E.D. enforcement agencies. See, e.g., Simpson'. Hines, 729 erations . . . . The need for Tex. 1989) ("The grand jury has concluded its delib other concerns."); Golden secrecy of these specific tapes no longer outweighs rs, Inc., 87 F.R.D. 53, 59 Quality Ice Cream Co., Inc. I Deerfield Specialty Pape leted its work and all (ED. Pa. 1980) ("[W]here, as here, the grand jury has comp to the grand jury by the that is sought are those documents turned over considerations . . . corporations which are defendants in the civil case, the Douglas Oil Co. of militating against disclosure are beside the point.") (citing Calif. I Petrol Stops Nw., 441 U.S. 211 (1979)). t witnesses, we In response to such third-party subpoenas to law-enforcemen in, who will object to anticipate that it will be the government, not Mr. Epste 18 Le 3s Ttin 33131 3019 GLAND AVUIVE. SUITE 340. COCONUT GROVE. FLOIU0.4 or EFTA00233848 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 19 of 41 discovery in this civil case, until the final conclusion of the Federal Criminal Action. Conclusion Because this lawsuit arises from the same allegations as the Federal Criminal Action, this Court should stay this lawsuit until that action is no longer pending, Respectfully submitted, LEWIS TEIN, P.L. By: A. EW LEWIS ATTERBURY, GOLDBERGER & WEISS, P.A. By: Jack A. Goldberger Attorneys for Defendant Jeffrey Epstein 19 Lewis 'reins 3059 &oho AvEreue. SunE 340. COCONUT GAM. Flown 33133 EFTA00233849 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 20 of 41 EXHIBIT A EFTA00233850 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 21 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson FILED by Mt, D.C. IN RE: JANE DOE, JUL 0 9 2008 Petitioner. TAM.Dist I.O. Of FLA -WO& DECLARATION OF A. IN SUPPORT OF UNITED STATES' RESW , Iiuict jriQimMT!ni LQy Lcnmsz fficEAIM QF CRIME VICTIM RIGHTS ACT, 18 U.S.C. § 3771 hereby declare that I am a member in good standing of the liar of the State ofFlorida. I graduated from the University of California at Berkeley School of Law (Boalt Hall) in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts ofthe states ofMinnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United. States Attorney in the Southern District of Florida and was so employed during all of the events described herein. 9/0 EFTA00233851 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 22 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 2 of 21 the investigation of 2. 1 am the Assistant United States Attorney assigned to al Bureau of Investigation ("FBI"). Jeffrey Epstein. lie case was investigated by the Feder st of the Palm Beach Police The federal investigation was initiated in 2006 at the reque and his personal assistants had Department ("PBPD") into allegations that Jeffrey Epstein between the ages of thirteen and used facilities of interstate commerce to induce young girls seventeen to engage in prostitution, amongst other offenses. victim notification 3. Throughout the investigation, when a victim was identified, from the FBI's Victim-Witness letters were provided to her both from your Affiant and ed to Bradley Edwards' three Specialist. Attached hereto are copies of the letters provid was provided by the FBI. (Ex. clients, T.M., C.W., and S.R.' Your Affiant's letter to C.W. myself to T.M. at the time that she 1). Your Affiant's letter to T.M. was hand-delivered by letters from the FBI's Victim- was interviewed (Ex. 2).2 Both C.W. and T.M. also received 3 & 4). S.R. was identified Witness Specialist, which were sent on January 10, 2008 (Exs. d to speak with investigators. via the FBI's investigation in 2007, but she initially refuse she was interviewed by S.R.'s status as a victim of a federal offense was confirmed when t identifying which of 'Attorney Edwards filed his Motion on behalf of "Jane Doe," withou facts related to C.W., T.M., and S.R. his clients is the purported victim. Accordingly, I will address were minor s beginning when All three of those clients were victims of Jeffrey Epstein's while they they were fifteen years old. C.W. and T.M. are not the 'Please note that the dates on the U.S. Attorney's Office letters to victim s were prepared early in the dates that the letters were actually delivered. Letters to all known investigation and delivered as each victim was contacted. -2- EFTA00233852 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 23 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 3 of 21 federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to S.R. on May 30, 2008 (Ex. 5). 4. Throughout the investigation, the FBI agents, the FBI's Victim-Witness Specialist, and your A Mani had contact with C.W. and S.R. Attorney Edwards' other client, T.M., was represented by counsel and, accordingly, all contact with T.M. was made through that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein, the target of the investigation.' 5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the Southern District of Florida ("the Office") entered into negotiations to resolve the investigation. At that time, Mr. Epstein had been charged by the State of Florida with solicitation ofprostitution, in violation ofFlorida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of the matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008, is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein 'The undersigned does not know when Mr. Edwards began representing T.M. or whether T.M. ever formally terminated Mr. Eisenberg's representation. -3- EFTA00233853 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 24 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 4 of 21 %leo \sor had been tried federally and convicted ofan enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 6. An agreement was reached in September 2007. The Agreement contained an express confidentiality provision. 7. Although individual victims were not consulted regarding the agreement, several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007, T.M. was openly hostile to the prosecution ofEpstein. The FBI attempted to interview S.R. in October 2007, at which time she refused to provide any information regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. 8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed. One ofthose victims was C.W. who at the time was not represented, and she was given notice of the agreement. Notice was also provided of an expected change of pica in October 2007. When Epstein's attorneys learned that some of the victims had been EFTA00233854 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 25 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 5 of 21 \Of receiving an incentive to overstate their notified, they complained that the victims were damages claims. While your Affiant involvement with Mr. Epstein in order to increase their corroborated with independent knew that the victims' statements had been taken and potential for damages, the agents and I evidence well before they were informed of the romise the witnesses' credibility at concluded that informing additional victims could comp trial if Epstein reneged on the agreement. but before Epstein 9. After C.W. had been notified of the terms ofthe agreement, se Epstein's counsel was attempting performed his obligations, C.W. contacted the FBI becau harassing her. Your Affiant secured pro to take her deposition and private investigators were victims. Pro bono counsel was bono counsel to represent C.W. and several other identified That pro bono counsel did not able to assist C.W. in avoiding the improper deposition. the resolution of the matter. express to your Affiant that C.W. was dissatisfied with t to inform me that 10. In mid-June 2008, Attorney Edwards contacted your Affian e me with information regarding he represented C.W. and S.R. and asked to meet to provid ation that he wanted me to Epstein. I invited Attorney Edwards to send to me any inform Edwards that he should consider consider. Nothing was provided. I also advised Attorney stand that no contact with that contacting the State Attorney's Office, if he so wished. I under so I advised him that, to my office was made. Attorney Edwards had alluded to T.M., Eisenberg. knowledge, T.M. was still represented by Attorney James -5- EFTA00233855 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 26 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 1*.mor ••••• p.m., your Affiant received a II. On Friday, June 27, 2008, at approximate 4:15 d that the plea was scheduled for 8:30 copy of the proposed state plea agreement and learne the Palm Beach Police Depar tment u.m., Monday, June 30, 2008. Your Affiant and time that Epstein's counsel had given attempted to provide notification to victims in the short Affiant specifically called attorney us. Although all known victims were not notified, your the hearing. Your Affiant believes that Edwards to provide notice to his clients regarding d me that he represented T.M., it was during this conversation that Attorney Edwards notifie well. Attorney Edwards informed and I assumed that he would pass on the notice to her, as be present at the hearing. Your your Affiant that he could not attend but that someone would rds' clients was present. Affiant attended the hearing, but none of Attorney Edwa notifications to 12. On today's date, your Affiant provided the attached victim 6 & 7). A notification was not C.W. and S.R. via their attorney, Bradley Edwards (Exs. n limited Epstein's liability to provided to T.M. because the U.S. Attorney's modificatio indictment. In light of T.M.'s victims whom the United States was prepared to name in an in good faith include T.M. as a prior statements to law enforcement, your Affiant could not e her in the list provided to victim in an indictment and, accordingly, could not includ Epstein's counsel. Attorney Edwards 13. Furthermore, with respect to the Certification ofEmergency, n to demand the relief that he did not ever contact me prior to the filing of that Certificatio July 7, 2008, after your Affiant had requests in his Emergency Petition. On the afternoon of -6- EFTA00233856 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 27 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 7 of 21 ency Petition, I received a letter already received the Certification of Emergency and Emerg Mail, on July 3, 2008. While that from Attorney Edwards that had been sent, via Certified to consider "vigorous letter urges the Attorney General and the United States Attorney in, it contains no demand for the enforcement" of federal laws with respect to Jeffrey Epste relief requested in the Emergency Petition. 1746 that the 14. I declare under penalty of perjury, pursuant to 28 U.S.C. § belief. foregoing is true and correct to the best of my knowledge and Executed this day of July, 2008. -7- EFTA00233857 Document 33 Entered on FLSD Docket 01/07/2009 Page 28 of 41 Case 9:08-cv-80811-KAM Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/20 U.S. Department of Justice United States Attorney Southern District ofFlorida $00 South Ausiraloan Ave. &MO 400 Wen Palm Beach. FL 33401 (561)810.8711 Facsimile- MO 820877? June 7, 2007 DELIVERY BY HAND Miss 0.111111 Re: Crime Victims' and Witnesses' Rights Dear Miss witness of a federal offense, Pursuant to the Justice for All Act of 2004, as a victim and/or you have a number of rights. Those nghts arc: (I) The right to be reasonably protected from the accused. public court proceeding (2) The right to reasonable, accurate, and timely notice of any of the accuse d. involving the crime or of any release or escape court procee ding, unless the court (3) The right not to be excluded from any public altered if you are present for other determines that your testimony may be materially portions of a proceeding. ding in the district court (4) The nglit to be reasonably heard at any public procee involving release, plea, or sentencing. United States in the case. (5) The reasonable right to confer with the attorney for the provid ed in law. (6) The right to full and timely restitution as (7) The right to proceedings free from unreasonable delay. t for the victim's dignity and (8) The right to be treated with fairness and with respec privacy. I other federal investigative agencies, Members of tie U.S. Department of Justice and use their best effons to make sure that I including the Federal Bureau of Investigation, must feel free to contact me at Tweeted. If you VP anv concerns in this regard, please "tom-the Federa l Burea u of Investigation at or Special Agen for Victims of Crime in You als -can contact the Justice Department's Office That Office has a websit e at www.o vc.gov . Washington, D.C. at the rigl;ex listed above and, if you You can seek the advice of an attorney with respect to d, you have the right to petition the Court for believe that the lights set forth above are being violate relief. EFTA00233858 Document 33 Entered on FLSD Docket 01/07/2009 Page 29 of 41 Case 9:08-cv-80811-KAM 21 Document 14 Entered on FLSD Docket 07/15/2008 Page 9 of Case 9:08-cv-80736-KAM ••••• •••••' miss JuNE 7, 2007 PAGE 2 and medical services, and protection In addition to these rights, you are entitled to counseling determines that you arc a victim, you also may be from intimidation and harassment. If the Court eling and medical service providers can entitled to restitution lion the perpetrator. A list of couns family is subjected to any intimidation or be provided to you, if you so desire. If you or your or myself immediately. It is possible that harassment, please contact Special Agin o ielka tion may contact you. Such contact does someone working on behalf of the targetsl ted, you have the choice of speaking to that person not viola:guise law.- However, if you are contac are being threatened or harassed, then please or refusing teclo so.' If you refuse and feel that you contact Special Agent r myself . At this time, your case is under You also are entitled to notification of upcoming case events with the invest igation , you will be notified. invesuganon, If anyone is charged in connection Sincerely, R Alexander Acosta United States Attorney By: Assistant United States Attorney cc: Special Agent .B.I. EFTA00233859 Document 33 Entered on FLSD Docket 01/07/2009 Page 30 of 41 Case 9:08-cv-80811-KAM Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/200 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australum Ave.. Suite 400 West Palm Beach. FL 33401 O6O820-8711 Facsimile (361)820-8777 August I I, 2006 DELIVERY BY HAND Miss Tea Re: Crime Victims' and Witnesses' Righl Dear Miss I witness of a federal offense, Pursuant to the Justice for All Act of 2004, as a victim and/or you have a number of nghts. Those rights are: (1) The right to be reasonably protected from the accused. public court proceeding (2) The right to reasonable, accurate, and timely notice of any accused. involving the crime or of any release or escape of the The right not to be exclud ed from any public court pmcecding, unless the court (3) are present for other determ'nes that your testimony may be materially altered if you portions of a proceeding. ding in the district court (4) The right to be reasonably heard at any public procee involving release, plea, or sentencing. States in the case. (5) The re;.sonabte right to confer with the attorney for the United law. (6) The right to full and timely restitution as provided in The right to proceedings free from unreas onable delay. (7) the victim's dignity and (8) The right to be treated with fairness and with respect for privacy. f firieral investigative agencies, Members of the U.S. Department of Justice and other their best efforts to make sure that these including the Federal Bureau of Investigation, must use , please feel free to contact me al rights are protected. If you have any concerns in this regard or Special AgentSm the Federal Bureau of Investigation at for Victims of Crime in You also can contact the Justice Department's Office Washington, D.C. at That Office has a website at www.ovc.gov. listed above and, if you You can seek the advice of an attorney with respect to the rights, the right to petition the Court for believe that the rights iet forth above are being violated, you have relief EFTA00233860 Entered on FLSD Docket 01/07/2009 Page 31. of 41 Case 9:08-cv-80811-KAM Document 33 11 of 21 Document 14 Entered on FLSD Docket 07/15/2008 Page Case 9:08-cv-80736-KAM misa At ICUS r 11, 2006 PAGE 2 and medical services, and t., In addition to these rights, you are entitled to counseling determines that you are a victim, you ..I. from intimidation and harassment. If the Court counseling and medical service pit, . entitled to restitution from the perpetrator. A list of ur family is subjected to any intw be provided to you, if you so desire. If y or or myself immediately. It is harassment, please contact Special Agent invest igation may contact you. Such c'. • somconc working on behalf of the targets of the ted, you have the choice of speaking in ii . not violate the law. However, if you are contac you are being threatened or harassed, it.: or refusing to do so. If you refuse and feel that Contact Special Agent or myself. . At this time, you • You also arc entitled to notification ofupcoming case events ii.i• the investigation, you will he investigation. If anyone is charged in connection with Sincerely, R. Alexander Acosta United States Attorney By Assistant United States Attorney cc; Special Agent F.B.I. EFTA00233861 Document 33 Entered on FLSD Docket 01/07/2009 Page 32 of 41 Case 9:08-cv-80811-KAM ,12,,of 21 Document 14 Entered on FLSD Docket oulazonas. Paget Case 9;08-py-89.7§§-KAM U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beath Suite 500 505 South Fleeter Drive West Palm Beech, FL 33401 Phone: (561) 633-7517 Fax: (561) 033-7970 January /0, 2006 ay case Number.. De- we request your olts Case is currently under Investigation. This can be a lengthy process and Investigation. continued patience while we conduct a thorough States Code § 3771: (1) The right to As a aims victim. you have the following rights under 18 United e, end timely notice of any the accused ; (2) The right to reasona ble, accurat be masons* protected from dime or of any release or escape or the proceed ing, involvin g me pubno coin proceeding, or any parole ing, thins the court, after suds public court proceed accused; (3) The right not to be excluded from any testimo ny by the victim would be mate:May altered ri ing evidenc e, determi nes that receiving dear and convinc (4) The right to be reasonably heard al any public the viCtim heard other testimony et that proceeding; In the district court involvin g release , plea, sentencing, or any parole proceeding: (5) The proceeding the attorney (or the Govern ment In the case; (6) The right to Na and timely reasonable tight to confer with proceed ings free horn urreasoneble delay; (8) The right lobe restitution as provided in law; (7) The right to with fairness and with reaped for the victim's dignity and privacy. treated ed. Moat of these rights We wet make our best efforts to ensure you an accorded the rights describ and it wit become the individual for the crime, pertain to events occurring after the arrest or indictment of en y's Office to ensure you ere accorded those rights. You responsibility of the prosecuting United States Attorne attorney with respect to these rights. may also seek the advice of a private with eked information regarding the The Victim Notification System (VHS) is designed to provide you crimina l Justice system . You may obtain current Information about this matter rose es it proceeds through the Call Center at14366-D0J-4YOU (1-865-385- on the Internet el WWW.Nodfy.USPOJ.GOV or from tie VN6 , you may use the Cell 1-668-2 28-481 9) (Interna tional: 1.502.2 13-276 7). In addition 40358) (TDOTITY: tion and/or change your decisio n about participation in the Center or Internet to µodete your contact informa program . If you update your information to Include a current email aileron. VNIsilliaficl notification ation Number (VIN) 'and information to that seeress. You MI niagjia following lnclim Identific the Call Center and the first time you log on to Personal Identification Number (PIN) anytime you contact VNS Internet site, you ittlI be prompted to enter VNS on the intermit. In addition, the first time you access the (or busines s name) es currentl y contain ed in VNS. The name you Should enter is a your last name EFTA00233862 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 33 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07P15/20t)8""Pagre Ilbt 21 If you have additional I:volition& Mitch Involve this matter, please contact the office listed ebove. When you cal, please provide the Ille number totaled at the top of this letter. Please remember, your partidpation in the notification pan of this program is voluntary. In order to continue to receNe notifications, it Is your responsibility to keep your contact Information current 5.ncerely. EFTA00233863 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 34 of 41 Case 9:0&cv-80736-KAM Document 14 Entered on FLSD Docket 0704 /415/Q.008,,, Page ottlrot 21 ••••••1 ••••0 U.S. Department of Justice Federal Bureau of investigation FBI - West Palm Beech Suite 600 505 South Filmier Drive west Palm Beach, FL 33401 Phone: (581) 833-7517 Fax: (581) 633-7970 January 10. 2008 James Llsenberg One Cleanake Center Ste 704 Australian South West Palm Beach. FL 33401 Re. Dear James Eisenberg: You have requested to receive notifications for T.MMUS your This case is umenay under InvestIgation. This can be a lengthy process and we request continued patience while we conduct a thorough investgatIon. Asa crime victim, you have the following rights under 16 United States Coda § 3771: (1) The right to of any be reasonably protected fmm the accused: (2) The right to reasonable, accurate, and timely notice or of the public court proceeding, or any parole proceeding, InvoNing the crime or of any release escape after accused; (3) The right not to be excluded from any such public court proceeding. unless the court. receiving dear and convincing evidence, dotemilnes that testimony by the victim would be materially altered If the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding In the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided In law; (7) The right to proCetdIngS free from unreasonable delay: (8) The right to be treated with fairness and with rasped for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights descnbed. Most of these nghts pertain to events occuning after the arrest or Indictment of an Individual for the crime, and It will become the responsibility of the prosecuting United States Attorney's Office to ensure you we accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim NottficatiOn System (VNS) is designed to provide you with direct Information regarding the case as It proceeds through the criminal Justice system. You may obtain current IMormatbn about this matter on the Internet at WWW,Nottfy.USDO.J.DOV or from the VNS Call Cantor at 1-866-D0J-4YOU (1-886-365- 4966) (1DD/TTY: 1.868.228.4619) (International: 1.602.213.2767). In addition, you may use the Cell Center or Internet to yodels your contact inforrneeon erxlior change your deolaton about participation in the nouficebon program. If you update your Information to Include a current emel address. VHS will send information to that address. You will need the following Victim Identification Number (VIN) end Personal Identification Number (RINIM anytime you contact the Cali Center end thefirst e you log onto VNS on the Internet. In addition. the first time you access the VNS Internet site you will be prompted lo enter your lest name (or business name) as currently contained in VNS. The name you should enter is Eisenberg. EFTA00233864 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 35 of 41 Case 9:08-0180736-KAM Document 14 Entered on FLSD Docket 07#46/2S08, D4Page clzatf 21 It you have adenine, Clue!Mona whICti Involve this matter, please contact the office Muted above. Whon you call, please provide the nie number totaled at the top of this letter. Please remember, your parOcipabon his your in the roPlateattorl part of this PrOPritM IS voluntary. In order to continue to receive notelcallons. reSpOnsIbIllty to keep your contact Information current. Sincerehi, Victim Specialist EFTA00233865 Document 33 Entered on FLSD Docket 01/07/2009 Page 36 of 41 Case 9:08-cv-80811-KAM Case 9:06:cv-80736-KAM Document 14 Entered on FLSD Docket 0-7M5120 U.S. Department of Justice Federal Bureau of Investigation FBI • West Palm Beach Suite 600 505 South Fleeter Drive West Palm Beach, FL 33401 Phone: (661) 833-7517 Fag: (561) B33-7970 µay 30. 2008 Re: Des Your name was referred to the Fars Victim Assistance Program as being a possible victim of a federal crime. We appreciate your assistance and cooperation while we ere Investigating this case. We would like to make you aware of the victim services that may be available to you and to answer any questions you may have regarding the criminal justice process througneut the Investigation. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information about their rights under federal law. These rights Include notification of the status of the case. The enclosed brochures provide Information about the Fars Victim Assistance Program, resources and instructions for accessing the Victim Notification System (YNS). VNS Is designed to provide you with information regarding the status of your case. This case Is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. As a came victim, you hove the following rights under 18 United Stales Code § 3771: (1) The right to of any be reasonably protected from the accused; 12) The right to reasonable, accurate, end timely notice public court proceeding, or any parole proceeding, involving the crime or of any relies° or escape of the after accused; (3) The right not to be excluded from any such 'iliac court proceeding, unless the court, It receiving dear and convincing evidence, determines that testimony by the victim would be materialty altered the victim heard other testimony at that proceeding: (4) TM right to be reasonably heard at any public proceeding in the district court Involving release, plea, sentencing, or any parole proceeding; (5) The timely reasonable right to center with the attorney for the Government in the case; (6) The right to full and restitution as provided 11 law; (7) The right to proceedings free from unreasonable delay; VII The right to be heated with fairness and with respect for the victim's dignity and privacy. We Will make our best efforts to ensure you ere accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an Individual for the crime. and it will become the responsibility of the prosecuting United States Attorneys Office to ensure you are accorded those rights. You may also seek the advice of e private attorney with respect to these rights. The Victim Notification System (VHS) Is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWVI'.NotilY.USDOJ GOV or horn the VNS Cell Center at 1.866-DOJJYQU (1-886-365- 4968) (TDDrITY71-866-228-4619) (International: 1-602.213.2767). In addition, you may use the Call Center or Internet to update your contact Information androt change your decision about participation in the notification program. if you update your Information to inducte a current email address. VNS will send information to that address. You will need the following Victim Identification Number (VIN) '2074381' and Personal Identiffcallon Plumber (PIN) '1816' anytime you contact the Cali Center and the first lime you log or. to VMS on the Internet In addition, the first time you access the VNS Internet sae, you will be prompted to enter your last name (or business name) as currently contained In VNS. The name you should enter is Rea EFTA00233866 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 37 of 41 Caseft08-ev-89.736-KAM Document 14 Entered on FLSD Docket 07-46/24306, -.• Page cii7tal 21 11 you have additional questions which Involve this matter, please contain' the office Sated above. When you cell, please provide the tile number bested at the top of this letter. Please remember, your participation tne notification part of this program Is voluntary. In order to continue to receive nottliCallOns, ti is your responsibility to keep your cannot Information current. • Sincerely, victor bpeciasst TOTAL A.07 EFTA00233867 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 38 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Pa 'e 18 of 21 v 4301/MMENT EXHIBIT U.S. Department of Justice Nt8I 110716CV•KNIRA United States Attorney EXHIBIT NO. 6 Southern District ofFlorida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 33401 (561)8204711 Facsimile: (561)8204777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, [.LC Re: Jeffrey 4..stein/QIN...la NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations ofFlorida Statutes Sections 796.07 (felony solicitation ofprostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454A)OCXMB and 2008-cf- 009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title I8, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00233868 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 39 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 19 of 21 *mit BRAD EDWARDS, ESQ NOTIF ICA !ION OF IDENTIFIED VICTIM Juin, 9.2008 PAGE 2 or 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiffmust meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client. ClImileWal is an individual whom the United States was prepared to name as a victim of an enumerated offense. • d; Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Anerbury Goldberger and Weiss, Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, ir you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all ofher assistance during the course of this examination and express the heartfelt regards lig f and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00233869 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 40 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 20 of 21 •—• soda U.S. Department of Justice MOT CASE No.02-8073l-CV MARRA United States Attorney Southern District ofFlorida NO. 500 South Australian Ave, Suite 400 West Palm Beach FL 3340! (5611 820-87 Facsimile: (561) 810-8777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The I nw (Minn of I7r2A PA,,nrAc & Associates, LLC Re: Jeffrey epsteii NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, eat ROM On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations ofFlorida Statutes Sections 796.07 (felony solicitation ofprostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AX3OCMB and 2088-cf- 009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00233870 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 41 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 21 of 21 vorit BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM JOU .9 9, 2008 PAGE 2 or 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United Stales shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, a la is an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all ofher assistance during the course of this examination and express the heartfelt regards ofmysel f and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. r R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00233871 ND JUDICIAL CIRCUI IN THE CIRCUIT COURT OF THE SECO IN AND FOR LEON COUN TY, FLORIDA 0554 FLORIDA SUGAR CANE L GUE, INC. ≥ 0151V ) rf: Plaintiff, ) :• ) Case Number: • vs. ) ) FLORIDA DEPARTMENT OF ) CM ENVIRONMENTAL REGULATION, ) ) Defendant. ) ) ORDER the Complaint of the Florida This cause is before the Court on The League seeks an order Sugar Cane League, Inc. ("League"). Department of Environmental requiring a state agency, the Florida ain documents under its custody Regulation ("DER"), to release cert Public Records Act, Chapter and control, pursuant to the Florida this case are as follows: 119, Florida Statutes. The facts in United States II. South DER is a Defendant in the case styled et al., Case No. 88-1886-CIV- Florida Water Management District. Court, Southern District of Hoeveler, United States District , Florida ("U.S. SFWMD"). DER, as a Defendant in that case with the plaintiff as entered into settlement negotiations rtment of Justice ("DOJ"). represented by the United States Depa osed settlement agreements During the negotiations, drafts of prop to the settlement proposal were and other information relating and from federal agencies and made, sent or received by DER to also entered into an agreement representatives, including DOJ. DER received during the settlement with DOJ to keep all documents it negotiations confidential. 265 EFTA00233872 R1517R05155 ic records request for On May 21, 1991, the League made a publ h the Secretary of DER had a draft of the Settlement Agreement whic by DER. On May 28, 1991, publicly stated as having been received sing to disclose the DER responded to the League's request by refu was privileged and immune requested document claiming the document this action, to discovery. On May 31, 1991, the League filed Florida Statutes. A hearing was pursuant to Chapter 119, t for June 5, 1991, but DER originally scheduled before this Cour where it was ultimately removed the case to federal district court, Florida. The League filed transferred to the Southern District of val, which motion was argued a Motion to Quash DER's Notice of Remo 10, 1991, and was granted on before Judge William Hoeveler on July was no September 10, 1991. The federal court held that there the League's claim arises federal jurisdiction over the matter as eler remanded the case back purely under state law, and Judge Hoev September to this Court. A hearing was held before this Court on argued their 16, 1991. Attorneys for the parties appeared and 28, respective positions. DOJ also appeared, pursuant to title e in support of DER and to United States Codes, section 517, to argu asserted interest in keeping advise the Court of the United States' DER asserts that Florida's the documents from public disclosure. this matter because it has Public Records Act is not applicable in and privileges." DER further been preempted by "federal immunities d to the United States to claims that it has contractually vowe confidentiality agreement withhold requested documents under the 2 266 EFTA00233873 ni51711O556 DER is acting as DOJ's into which it entered with DOJ, and that public disclosure. agent in withholding the documents from Florida's public records This Court rejects these arguments. virtually unfettered law is sweeping in its breadth and requires of state agencies. Unless public access to records in the custody its nondisclosure of public a statutorily provided exemption perm such records in the custody records, Florida law requires that all for public inspection. The of state agencies be open and available utory exemption in the Florida parties agreed that there is no stat disclosure of public records Public Records Act which would prevent lement negotiations in 13.5. received by state agencies during sett the League in this case. SFWMQ, including the records sought by y exemption in the Florida DER has cited no applicable statutor is without any authority to Public Records Act, and the judiciary Florida's public records law. expand or create an exemption to So. 2d 420 (Fla. 1979); Wait I. Florida Power & Light Co., 372 Petersburg, 558 So. 2d 487 Times Publishing Co. I. City of St. (Fla. 2d DCA 1990). r the Supremacy Clause Principles of federal preemption unde to prevent application of may, in limited circumstances, act e is a clear conflict with Florida's public records law where ther tiality provided in a federal an express requirement of confiden 2d 679, 681-82 (Fla. 1935); statute. See Cummer g. Pace, 159 So. Government-in-the-Sunshine see generally, pp. 81-62, Florida's (1991). In this case, Manual, Office of the Attorney General ral law of privileges and although DER claims preemption under fede 3 267 EFTA00233874 LA.517Pc0557 ch clearly specific federal statute whi immunities, it has cited no ential. in question be kept confid requires that the documents would ass ertion that the documents DER also relies on DOJ's e, and that be "di sco ver abl e" fro m DOJ in the pending cas not FOIA. Even m disclosure by DOJ under documents are exempt fro lication of it is irrelevant to the app assuming that were true, tody of pub lic rec ord s law to documents in the cus Florid a's in remanding As stated by Judge Hoeveler Florida's state agencies. this action: of vide an independent cause Thus, while FOIA may pro e is als o in the nt in disput action insofar as the docume of l age ncy , i.e., the Department custody of a federa pla ce and sup pla nt a d to dis Justice, it cannot be sai sta te at state agencies and state statute directed at p. 12.) records. (Hoeveler Order h DOJ is fidentiality agreement wit DER's reliance on its con its Public y mis pla ced . A sta te agency cannot bargain away equall h a promise to ate a "self-exemption" wit Records Act duties or cre to the public. records from disclosure third parties to keep CA-91-370, Tenth al _HosnitaZ, Case No. Tribune Co. II. Hardee Memori See also Cir cui t in and for Hardee County, Florida. Judicial 7). 2d 380 (Fla. 4th DCA 197 Browning I. Walton, 351 So. ERED and ADJUDGED that: THEREFORE, it is hereby ORD DER e or received at any time by 1. Settlement agreements mad ed to be public V. SFWMD are hereby declar in connection with y.s. Act, Chapter s sub jec t to dis clo sur e under the Public Records record 119, Florida Statutes. ted ormation Act, title 5, Uni 2. The Federal Freedom of Inf , Florida Cod e, sec tio n 552 , doe s not preempt Chapter 119 States 4 268 EFTA00233875 0111517r0558 re public records in the Statutes, to exempt from public disclosu g DER; custody of Florida state agencies, includin ue, within forty- 3. DER shall provide access to the Leag to inspect and examine any eight hours of rendition of this Order, has withheld from public and all draft settlement agreements DER ral preemption; disclosure based on a claim of fede DER shall prepare 4. If DER desires to appeal this Order, for inclusion in the record and deliver to the clerk of this Court, notice of appeal, all draft under seal, at the time it files its DOJ relating to U.S. I. settlement agreements exchanged with the Florida's public records law SFWND which it asserts are exempt from Such documents shall be based on a claim of federal preemption. ion of the appeal; and held under seal pending final disposit stipulation as to 5. As the parties have not yet agreed to a of attorneys' fees, the Court retains an appropriate award of attorneys' fees pursuant to jurisdiction to determine the award section 119.12, Florida Statutes. ahassee, Leon County, DONE and ORDERED in Chambers at Tall Vi Florida, this ePP -e day of September, 1991. P. Kevin Davey Circuit Court Jud Copies furnished to counsel of record 5 269 EFTA00233876 Page 1 606 So.2d 1267 17 Fla. L. Weekly D2571 (Cite as: 606 So.2d 1267) FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellant, I FLORIDA SUGAR CANE LEAGUE, INC., Appellee. No. 91-3128. District Court of Appeal of Florida, First District. Oct. 29, 1992. *1267 An appeal from the Leon County Circuit Court; P. Kevin Davey, Judge. Robert G. Gough, Asst. Gen. Counsel, Florida Dept. of Environmental Regulation, Tallahassee, for appellant. Judith S. Kavanaugh, William L. Hyde and Richard A. Russell of Peeples, Earl & Blank, P.A., Miami, for appellee. Barry M. Hartman, Acting Asst. Atty. Gen., Dexter W. Lchtinen, U.S. Atty., and Susan Hill Ponzoli, Asst. U.S. Atty., Miami, Keith E. Saxe, David C. Shilton and Ellen J. Durkee, Dept. of Justice, Washington, D.C., for amicus/ U.S. PER CURIAM. AFFIRMED. Wait Florida Power & Light Co., 372 So.2d 420 (Fla.1979). MINER, ALLEN and KAHN, JJ., concur. END OF DOCUMENT Copr. West 1995 No claim to orig. U.S. govt. works WESTLAW "allillINEINISP, EFTA00233877