EFTA01089004

Page 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL 1 CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 INDEX CASE NO. SO 2009CA040100,0000,18 AO 3 Cow/ilex Litigation, Fla.R.Civ.Pro. 1201 4 JEFFREY EPSTER4, EXAMINATION DIRECT CROSS REDIRECT Plaintiff, VOLUME I OF II BRADLEY J. EDWARDS, ESQUIRE SCOTT ROTHSTEIN, individually, BY MR. CRITTON 5 BRADLEY 1. EDWARDS, 8 individually, and L.M. individually, 9 10 Defendants. 11 EXHIBITS 12 13 VIDEOTAPED DEPOSMON OF BRADLEY 1. EDWARDS, ESQUIRE 14 EXHIBIT DESCRIPTION PAGE Tuesday, March 23,20010 15 I 000 - 5:07 p.m PLAINTIFFS EX. I ALFREDO RODRIGUEZ 211 16 CRIMINAL COMPLAINT 2139 Pahn Beach Likes, Boulevard PLAINTIFFS EX. 2 COMPLAINT 239 West Palm Beach, Florida 33401 17 PLAINTIFF'S EX 3 JULY 22,2009 276 FACSMILE 18 Reported By: 19 Cynthia Hopkins, RPR, FPR 20 Notary Public, State of Florida Prose Court Reporting 21 Job No.: 1333 22 23 24 25 Page 2 Page 4 1 APPEARANCES: 1 PROCEEDINGS 2 On behatt of the Plaintiff: ROBERT D CRITTON, JR., ESQUIRE 2 BURMAN, CRAYON, LUTTEER & COLEMAN, LIP 3 Deposition taken before Cynthia Hopkins, 4 303 Banyan Boulevard Suite 400 4 Registered Professional Reporter and Florida West 33401 5 Professional Reporter, and Notary Public in and for Phone: 6 6 the State of Florida at Large, in the above cause. 7 and 7 8 JACK ALAN GOLDBERGER. ESQUIRE ATTERBURY, GOLDBERGER & WEISS, PA 8 THE VIDEOGRAPHER: We are now on video 9 250 Manahan Menus South 9 record. This is Media Number One in the Suite 1400 10 West laia' 33401.5012 10 videotaped deposition of Bradley Edwards in the Phone 11 matter of Jeffrey Epstein versus Scott 11 12 and 12 Rothstein, Bradley L Edwards, and L.M. 13 On behalf of the PlairtifE 13 Today is Tuesday, March 23rd, 2010 at 14 ALAN M. DERSHOWITZ, ESQUIRE HARVARD LAW SCHOOL 14 10:00 a.m. We're here in the law offices 15 Hausa 520 15 of Searcy, Denney, Scarola, Barnhart Sr Cambe id Massaclimem 02138 16 Phone 16 Shipley, 2139 Palm Beach Lakes Boulevard, 17 On behalf of the Defendant: 17 West Palm Beach, Florida. 18 JACK SCAROLA, ESQUIRE SEARCY, DENNEY, SCAROLA, 18 My name is Joe Kozak. I am the 19 BARNHART & SHIPLEY, PA. 19 videographer. The court reporter is Cindy 2139 Palm Beach Lakes Boulevard 20 West PUN. 33409 20 Hopkins from Prose, Prose Court Reporting Phone 21 Agency, 21 22 ALSO PRESENT: 22 Will counsel please introduce 23 Jeffrey Epstein 23 yourselves, and then the court reporter 24 Joseph Kozak, Videographer Prose Recoiling Smuts 24 will swear in the witnesses. 25 25 MR. CRITTON: Bob Critton on behalf of the 1 (Pages 1 to 4) IMMI PROSE COURT REPORTING AGENCY, INC. EFTA01089004 Page 5 Page 7 1 Plaintiff, Jeffrey Epstein. 1 A. I don't understand the question. 2 MR. GOLDBERG: Jack Goldberger on behalf 2 Q. For whom do you work at the current time? 3 of the Plaintiff, Jeffrey Epstein. 3 Are you an employee? 4 MR. DERSHOWITZ: Alan Dershowitz on behalf 4 A. I am a partner in the law firm of Fanner, 5 of the Plaintiff, Jeffrey Epstein, of counsel. 5 Jaffe, Weissing, Edwards, Fistos & Lehrman. 6 MR. SCAROLA: The record should reflect 6 Q. Is that a professional association? 7 that Mr. Epstein is also personally piesent. 7 A. Yes. 8 My name is Jack &tarok I am counsel on 8 Q. And you said you're a partner. Do you 9 behalf of the Defendant/Counter-Plaintiff; Brad 9 have your own P.A. or is the only the Farmer -- what 10 Edwards. 10 was the second name, Jaffe? 11 Thereupon, 11 A. Contd. 12 (BRADLEY J. EDWARDS, ESQUIRE) 12 Q. And I will refer to it as Fanner, Jaffe, 13 having been first duly sworn or affirmed, was 13 if that's all right with you. Is Fanner, Jaffe 14 examined and testified as follows: 14 itself a P.A.; that is, are you a partnership of 15 THE WITNESS: Yes. 15 P.A.'s? 16 DIRECT EXAMINATION 16 A. Yes. 17 BY MR. CRITTON: 17 Q. Do you have your own professional 18 Q. Would you please tell us your Tull name 18 association? 19 and home your home address. 19 A. Yes. 20 A. Bradley James Edwards, 1109 Northeast Second 20 Q. Okay. What's it called? Street, Hallandale Beach, Florida, 33009. 21 A. Law Office of Brad Edwards, LLC. 22 Q. Date of birth, please. 22 Q. You are the sole member of that LLC? 23 A. 11/16/75. 23 A. Yes. 24 Q. Mr. Edwards, have you ever had your 24 Q. And then your LLC is a partner of the 25 deposition taken before? 25 Fanner, Jaffe firm? 1 Page 6 Page 8 1 A. No. 1 A. Correct. 2 Q. Okay. But you've counseled, you've 2 Q. And do you hold yourself out to the public 3 obviously taken a number of depositions both as a 3 as being a partner of that firm; that is you 4 Plaintiff and as a Defendant. You're familiar with 4 individually? 5 all the rules? 5 A. What do you mean by hold myself out to the 6 A. I know the rules. 6 public? 7 Q. All right. Again if I ask you a question 7 Q. If I got your letter would your letter 8 you don't understand, if you would ask me or if you 8 say, if I received a letter from you would it say 9 want me to rephrase it, I will be happy to do that. 9 Brad Edwards, partner, or something to that effect? 10 A. Yes. 10 A. I don't think so. 11 MR. SCAROLA: Mr. Edwards, Mr. Edwards, 11 Q. Okay. What does your card say? Do you 12 knows the rules. You can drip the 12 have a business card? 13 preliminaries. 13 A. I do. 14 MR. CRITTON: Is that a form objection? 14 Q. Okay. What does your business card- 15 MR. SCAROLA: No. 15 A. Attorney. 16 MR. CRITTON: Just a talk. 16 Q. — reflect? And when you introduce 17 MR. SCAROLA: It's a, it's a request that 17 yourself to clients or other attorneys for the first 18 you not waste our time. 18 occasion, do you introduce yourself as a partner of 19 MR. CRITTON: I am not wasting your time. 19 that firm if asked? 20 And if we hadn't gone through that, we would 20 A. If asked are you a partner; is that your 21 have been done with them, Jack. 21 question? 22 BY MR. CRITTON: 22 Q. Correct. 23 Q. Mr. Edwards, are you currently employed? 23 A. Would I say yes? The answer is yes. 24 A. Yes. 24 Q. When did you start — I want to strike 25 Q. And by whom are you currently employed? 25 that. Do you consider yourself an employee of the 2 (Pa es 5 to 8) PROSE COURT REPORTING AGENCY, INC. EFTA01089005 Page 9 Page 11 1 partnership? 1 Q. She's your current secretary/paralegal, or 2 A. What do you mean by that? 2 do you have a secretary as well? 3 Q. Do you understand what an employee is? 3 A. I don't understand your question. 4 A. 1 work for the firm. 4 Q. Do you have — is Beth Williamson your 5 Q. You are certainly not -- 5 paralegal? 6 A. I am employed there, so, yes. 6 A. She's a paralegal at the law firm ofFanner, 7 Q. When did you start your association with 7 Jaffe, Weissing, Edwards, Fistos & Lehrman. 8 the Framer, Jaffe firm? 8 Q. Does she primarily work for you? 9 A. Sometime during the month ofNovember, 2009. 9 A. No. 10 Q. And is that when the firm was incorporated 10 Q. Do you have a secretary as well? 11 as a professional association? 11 A. The law firm? Yes. 12 A. I believe so. 12 Q. The secretary who works primarily for 13 Q. The attorneys who are in the current firm, 13 you — 14 are they all former Rothstein Rosenfeldt Adler 14 A. No. 15 attorneys; that is, the professional staff? 15 Q. You just use whoever is available from a 16 A. Yes. 16 secretary standpoint? 17 Q. Is there anyone — Let me strike that. 17 A. No. 18 Do you have paralegals as well that 18 Q. Who do you primarily use for secretary 19 work there? 19 services? 20 A. Yes. 20 A. There is nobody who could fall into the 21 Q. Are any of the paralegals former, and if I 21 category of who I primarily use. 22 refer to Rothstein Rosenfeldt Adler as RRA, or RRA, 22 Q. Ms. Williamson, who, by whom, who, who was 23 is that all right with you? 23 the attorney at RRA with whom she primarily worked? 24 A. I understand what you mean. 24 A. I believe it was several attorneys, and I 25 Q. Are there any other, arc any of the 25 can't tell you who the attorneys were that she worked Page 10 Page 12 1 paralegals that are currently employed by Fanner, 1 for or with. 2 Jaffe in any capacity whether they are independent 2 Q. Did she work with you at all at RRA? 3 contractors — well, let me strike that. 3 A. In some limited capacity, maybe. 4 As employee's, I probably should ask 4 Q. Did she ever work on any of the -- you 5 this question: Does the firm, Farmer, Jaffe have 5 have three cases that you ever filed -- or let me 6 employees — 6 strike that. 7 A. Yes. 7 There are three cases that are in 8 Q. — separate and apart from the partners? 8 existence at the current time. One is Jane Doe 9 A. Yes. 9 versus Mr. Epstein which is, is a federal court case 10 Q. And they are actually employed by the 1o and the Plaintiffs name is Jane Doe. That is one 11 P.A., correct? 11 of your cases, correct? 12 A. Correct. 12 A. Correct. 13 Q. Does the firm have any paralegals that 13 Q. Or one of the firm's cases at the current 14 came over from the RRA firm, RRA? 14 time? 15 A. Yes. 15 A. Correct. 16 Q. Who are they? 16 Q. There is another case versus L.M. Versus 17 A. Maria and Beth. 17 Jeffrey Epstein and a third called E.W. versus 18 Q. Does Maria have a last name? 18 Jeffrey Epstein, correct? 19 A. Yes. 19 A. Yes. 20 Q. What is it, please? 20 Q. And as a result all three of those cases 21 A. I believe it's pronounced Kelljian. 21 currently now are firm cases, the Fanner, Jaffe firm 22 Q. Can you spell it? 22 cases? 23 A. I can give it my best shot, K-E-L -L -J-I-A-N. 23 A. Yes. 24 Q. And Beth's last name is what, please? 24 Q. Did Mrs. Williamson work on any of those 25 A. Williamson. 25 cases? 3 (Pages 9 to 12) PROSE COURT REPORTING AGENCY, INC. EFTA01089006 Page 13 Page 15 1 A. In what time period? What's your question? 1 substitution of counsel. Did you, were the 2 Q. I'm sorry. During the time that you were 2 substitution of counsel's filed the exact date that 3 associated with RRA, did Mrs. Williamson work on 3 you started with RRA? 4 those cases? 4 A. 1don't remember. 5 A. Without you needing to ask 20 different 5 Q. When did your association with RRA 6 questions to get to your answer, l will tell you her 6 terminate or end? 7 involvement was that after federal motions were drafted, 7 A The end of October 2009 or the beginning of 8 she was the person to literally file the motion. That 8 November 2009. 9 is her only involvement with the cases while at RRA 9 Q. And how did it terminate? How did your 10 Q. She basically filed them through the Pacer 10 relationship with RRA terminate? 11 system? 11 A. The firm closed. 12 A. Exactly. 12 Q. Did you get, notification -- when you say 13 Q. Prior to you working at Fanner, Jaffe by 13 closed, meaning what? 14 whom were you employed? And by employed I mean in, 14 A. Meaning what everybody in this entire room 15 in a broad sense. You could have been an 15 knows is that the firm went from operating to no longer 16 independent contractor. You could have been a 16 operating. 17 partner. You could have been an employee. 17 Q. And how did you receive notice; that is, 18 A. The law femur of Rothstein Rosenfeldt Adler. 18 did you receive some sort of notice that told you 19 Q. When did you start working for RRA? 19 that RRA now is a defunct firm? Did you receive 20 A. I believe April of 2009. 20 notification that was in bankruptcy? What, if 21 Q. Beginning of April? 21 anything, did you receive? 22 A. Yes. 22 A. 1 didn't receive anything. 23 Q. I saw a pleading that was filed yesterday 23 Q. And then how did your relationship with 24 and it was either E.M., I am song, L.M. or E.W. 24 RRA end? 25 that looked like there was a change of -- I'm sorry, 25 A Came to work on a Monday morning. and there Page 14 Page 16 1 notice of appearance or something by RRA Would 1 was a meeting that was held informing all the employees 2 that, in any way, if I asked you to assume that 2 including myself that the firm no longer was financially 3 that's correct, would that refresh your recollection 3 able to survive and therefore would be immediately 4 that it may have been at the end of March? 4 closing down. 5 A. I don't understand that question at all. 5 Q. Who was the spokesperson at the meeting, 6 Q. I Saw a pleading that was filed or — 6 the main individual who advised those assembled in 7 A. Yesterday you said. 7 the room that that's what was going to occur? 8 Q. — a paper that was filed. I was looking 8 A. I don't remember. 9 at a pleading filed in either E.W. or L.M., and I Q. Was it -- did Rosenfeldt speak at all at 10 saw a paper that was basically a notice of 10 that meeting? 11 appearance on behalf ofRRA And it looked like it 11 A. I, I can't remember. 12 was dated around March 30 of 2009. 12 Q. Do you remember the date of the meeting? 13 A. Okay. 13 A. I remember that it was a Monday. 14 Q. Is it possible that you started your 14 Q. Do you remember it being in October or 15 association with RRA at an earlier date than April 15 November? 16 of '09? 16 A. Either the very end of October or the very 17 A. Assuming that what you said is true, if that 17 beginning of November. 18 document says that, then it's possible that is an 18 Q. Did anyone -- well, let me strike that. 19 accurate reflection of when I began. 19 Do you remember whether the person -- let me strike 20 Q. Did you start working with RRA before you 20 that 21 filed any documents representing that RRA or that 21 At the meeting who was present, and I 22 you had now an affiliation with RRA? 22 don't mean individual names. Who did it, by groups, 23 A. No. 23 who did it include? 24 Q. Where the — again, I don't remember, 24 A. The meeting was held in a cafeteria type roan 25 whether there was a notice of additional counsel or 25 in the building where RRA maintained its offices. And 4 (Pages 13 to 16) PROSE COURT REPORTING AGENCY, INC. EFTA01089007 Page 17 Page 19 1 die room was completely full to capacity with as many 1 A. I don't believe so. 2 employees of the Rothstein, Rosenfeldt Adler firm as 2 Q. Okay. Was anyone preventing you from 3 were in attendance at work that day. 3 taking anything? 4 Q. And included lawyers, paralegals, support 4 A. No. 5 staff, investigators? 5 Q. Okay. Did you print out any documentation 6 A. Literally — 6 from your saver or from the firds server that day 7 Q. — everyone, I mean everyone who obviously 7 to take with you? s showed up at the meeting? 8 A. Not that I recall. 9 A. I don't know. 9 Q. Do you recall taking anything from 10 Q. Did you see other lawyers there? 10 RRA'office that day, that day being that same 11 A. Yes. 11 Monday? 12 Q. Did you see staff there? 12 A. No. 13 A. Yes. 13 Q. Obviously Scott Rothstein was not there? 14 Q. Did you see paralegals there? 14 A. Correct. 15 A. Yes. 15 Q. Have you ever spoken, excuse me, have you 16 Q. Did you see investigators there? 16 ever seen Mr. Rothstein since that Monday at the 17 A. I can't necessarily remember whether or not 1 17 meeting? 18 saw investor -- investigators there. 18 A. What do you mean have I seen him? 19 Q. And did more than one person speak at the 19 Q. Seen him in person, I'm sorry. 20 meeting? 20 A. No. 21 A. I don't remember. 21 Q. Okay, have you spoken with him at any time 22 Q. Okay. What else were you advised at the 22 since the Monday meeting at which time you were 23 meeting, if anything? 23 advised that the firm was shutting down? 24 A. It was — I stayed for very little of that 24 A. No. 25 meeting. I don't know what was advised to others, but 25 Q. Have you spoken on any, with anyone on his Page 18 Page 20 1 what I heard was, firm is closing down. That's all I 1 behalf; that is, who purports to represent 2 needed to hear and I left. 2 Mr. Rothstein since you left the firm that day? 3 Q. Did you subsequent — well, let me strike 3 A. No. 4 that. Did you, were you able to gain, gain access 4 Q. Do you know Mr. Nurik? 5 to the building that day? I am sorry, access to 5 A. Yes. 6 your, to the offices of the Rothstein fnm that day? 6 Q. Do you recog -- are you aware that he 7 A. Yes. 7 represents Mr. Rothstein? 8 Q. And were you able to access any of your 8 A. Yes. 9 files or your e-mail at that time? 9 Q. Okay. Have you spoken with him since that 10 A. What time? 10 Monday? 11 Q. That same day, that Monday that you were 11 A. He called me on a morning before a hearing to 12 advised that the firm was shutting down. 12 ask me where Judge Crow's courtroom was. And I told 13 A. Yes. 13 him, and that was the extent of that conversation. 14 Q. And were you able to print documents? 14 Otherwise, I have had zero communication with Marc 15 Well, let me strike that. Were you able to take 15 Nurik. 16 documents relating to matters on which you worked 16 Q. With regard to the firm being advised that 17 from the firm? 17 the firm was shutting down on that Monday, did you 18 A. What do you mean by was I able to? 18 subsequently return to the firm's offices? Let me 19 Q. Were you able to access and take with you 19 strike that. How long did you stay at the firm that 20 documents that related to files on which you were 20 day? 21 working the preceding Friday when you were at RRA? 21 A. I don't remember. 22 A. I believe so. 22 Q. Did you stay all day? 23 Q. Did you take, did you actually remove 23 A. I believe so. 24 documents, papers that were related to files that 24 Q. Were you able to work on your files? 25 you had on which you were working from RRA that day? 25 A. I don't understand the question. 5 (Pages 17 to 20) PROSE COURT REPORTING AGENCY, INC. EFTA01089008 Page 21 Page 23 2. Q. Were you able to do legal work on the 1 entry to the office? 2 matters that wherein you represent individuals? 2 A. I don't know. 3 A. Was I able to? Yes, I was physically able to 3 Q. Well, who would, who would monitor whether 4 do that. 4 you came in or couldn't go into the office? 5 Q. Did you work on legal matters that day? 5 A. I don't know. 6 A. No. 6 Q. Was there someone there? 7 Q. Did you subsequently, after that date, did 7 A. Was there someone where? 8 you return to the RRA offices? 8 Q. The impression I got is that there was 9 A. Yes. 9 some limitation on your ability to access the RRA 10 Q. And where are those offices or where were 10 offices after the Monday at which time you were 11 those offices located? 11 advised that the firm was shutting down. Did I 12 A. Las Olas. 12 misunderstand you? 13 Q. The address, please? 13 A. No, that's correct. 14 A. I don't remember. 14 Q. Okay. Who then, if you know, or what, if 15 Q. With regard to the -- 15 it was an entity, placed any restrictions on your 16 A. 401. 16 access to RRA offices? 17 Q. Las Olas? 17 A. I don't know. 18 A. (Witness nods head.) 18 Q. When you would go to the office -- well, 19 Q. Did you, did you after that Monday did you 19 let me strike that. After how many days -- well, 20 return to the offices at 401 Las Olas, the RRA 20 let me strike that. 21 offices? 21 The very clay, the same day that you 22 A. Yes. 22 were advised that the office was closing down, were 23 Q. And did you return every day thereafter 23 there any individuals that were monitoring what, if 24 fora period of time? 24 anything, was to be removed or not removed from the 25 A. No. 25 office, like a security force, Broward County Page 22 Page 24 1 Q. Was there a point in time that you were 3. Police, U.S. Marshals. 2 prevented from entering your office or the offices 2 A. From my recollection there were at some point 3 of RRA? 3 in time, there were people in the office monitoring 4 A. Yes. 4 activity in the office. 5 Q. At what point in time were you prevented 5 Q. Was that the first week after the Monday? 6 from going into the offices? 6 A. I don't recall. 7 A. I don't remember. 7 Q. Did you ever, did you receive any 8 Q. How many days were you able to access the 8 guidelines either at the Monday meeting or 9 offices before you were prevented? 9 thereafter as to what you could or could not remove 10 A. I don't remember. 10 from the file, from the, I'm sorry from the RRA 11 Q. You don't know whether it was a day or 11 offices? 12 three days or five days that you were allowed to go 12 A. I believe so. 13 into the office? 13 Q. And who put those guidelines out, do you 14 A. The period of time that I was able to go into 14 recall? 15 the office encompasses all of those things that you just 15 A. No. 16 said, one day, three days, five days, yes. I can 16 Q. Were they in a written form? 17 definitely say with certainty I was able to do that. 17 A. No. 18 Q. During the month of October were you 18 Q. Okay. Was given in what form, how did you 19 allowed to go into the office more than ten days? 19 learn what you could and could not take from the 20 A. Yes. 20 office? 21 Q. Did they put well, et me strike that. 21 A. More nimor than anything else is what I 22 Did someone put restrictions on what your access was 22 remember. 23 to the office, the RRA office? 23 Q. Did you discuss that with other 24 A. Yes. 24 individuals or other attorneys who were working at 25 Q. Oka Who put the restrictions on the 25 RRA? )•••••taltar.oauire 6 (Pages 21 to 24) PROSE COURT REPORTING AGENCY, INC. EFTA01089009 Page 25 Page 27 1 A. Possibly. 1 management system; that is, did you utilize the 2 Q. Did you ever attempt to remove something 2 software that was available? 3 from the office of the RRA offices and someone 3 A. Yes. 4 prevented you? 4 Q. And had you ever used a system like that 5 A. No. 5 before you came to the RRA firm, RRA? 6 Q. Did you ever — and when I say remove I 6 A. I don't understand. 7 mean in the sense of physically remove; that is, 7 Q. Okay. Had you ever used an electronic 8 take out boxes or take out files or something of 8 case management software system before you came to 9 that nature. 9 RRA? 10 A. I understand the definition of remove. 10 A. Yes. 11 Q. With regard to, there were also, l 11 Q. Was yews the system that you had used 12 understand you had an e-mail server at the office? 12 before was that were you able to integrate that with 13 A. Okay. 13 RRA, with the RRA file or system when you got there, 14 Q. Is that correct? 14 or did your files have to be put on the new RRA 15 A. Yes. 15 system? 16 Q. And I have seen something, there is 16 A. The latter. 17 something that's called Qtask. Are you familiar 17 Q. In addition, so we had the e-mail server, 18 with Qtask? 18 Qtask, and electronic case management system. Was 19 A. Yes. 19 there any other type of electronic storage or system 20 Q. And what do you understand Qtask or what 20 that was available for communication or storage at 21 did you understand that Qtask did; that is, as an 21 RRA? 22 electronic service? 22 A. Not that I recall. 23 A. A web based network to store files and other 23 Q. With regard to the e-mail system, well, 24 materials. 24 with regard to the e-mail system, Qtask, and 25 Q. In terms of electronic storage, or 25 electronic case management, did you require, was Page 26 Page 28 1 electronic data at the RRA firm, in addition to, 1 there a password required to use or access each one? 2 excuse me, the e-mail server was and Qtask, was 2 A. No. 3 there anything else from an electronic storage or 3 Q. Was there a password required to use any 4 communication means through RRA? 4 of the three? 5 A. Yes. 5 A. I don't believe so. 6 Q. What else was there? 6 Q. As I saw in an order that with the Qtask 7 A. That stored electronic materials? 7 system that there was some sort of access code that 8 Q. Right, or that you could communicate with 8 was required to get into Qtask. 9 someone else either inside or out of the firm. You 9 A. I saw that too. 10 had the server, e-mail server. You had Qtask. What 10 Q. Did you ever have, did you ever have such 11 else did you have? 11 a code or a password with regard to Qtask? 12 A. To communicate with others, e-mail and Qtask 12 A. I don't remember. 13 Q. And how about within the confines of the 13 Q. Has the receiver and/or it's, Mr. Seton or 14 finis, was there another electronic mail system or 14 his attorneys asked for you to provide any passwords 15 electronic system either for storage or for 15 or information to access any of your files? 16 communication? 16 A. I don't think so. 17 A. To the best of my recollection, none for 17 Q. Do you understand that you have a 18 communication. Storage, yes. There were electronic 18 requirement or you're required to give the password 19 paperless storage case management systems in place. 19 if requested by Mr. Scion? 20 Q. And with regard to the electronic case 20 A. I don't know the password to give to anybody. 21 management system, were your files, including the 21 I never knew there was a password. 22 three cases involving Mr. Epstein, were those cases 22 Q. Did you -- 23 on the electronic case management system? 23 A. I don't believe. 24 A. Yes. 24 Q. Did you use Qtask? 25 Q. And could you access the electronic case 25 A. I have used Qtask. 7 (Pages 25 to 28) PROSE COURT REPORTING AGENCY, INC. EFTA01089010 Page 29 Page 31 1 Q. With regard to your, the files 1 either just before or just after I do believe I spoke 2 . specifically, specifically the -- well, let me 2 with one or maybe both of them on at least one occasion 3 strike that. During the time you were at RRA, of 3 before the disbandment of RRA 4 the three files, Jane Doe, L.M., and E.W. or in 4 And I know for a fact I signed each 5 addition to those three files, did you represent any 5 one of the clients up after the disbandment of RRA 6 other individuals who were potential claimants 6 I can't tell you with any degree of certainty 7 against Mr. Epstein? 7 whether they signed a fee agreement with RRA prior 8 A. I don't believe so. 8 to the disbandment. 9 Q. All right. I received notification from 9 Q. Have you been able to do any transfers of 10 you as to a Ms. N.R.? 10 your, of — let me strike that. With regard to the 11 A. N.R. 11 e-mail server at RRA, have you had ornision to 12 Q. N.R. and Ms. D.F. I believe is her name? 12 access that since that Monday; that is, the Monday 13 A. Correct. 13 meeting that you referred to in either late October 14 Q. Were either of those individuals, had 14 or early November of '09? 15 either of those individuals contacted you prior to 15 A. Yes. 16 leaving the RRA firm? 16 Q. All right. And have you had full access, 17 A. I don't believe so. 17 at some point did you get full access to all of your 18 Q. Is it your testimony then that none, 18 e-mail that, that existed at least, that you bad not 19 neither Ms. N.R. nor Ms. D.F. would have had a fee 19 removed — let me start again. 20 agreement or representation agreement with the RRA 20 Under an e-mail server you, you have 21 firm because they hadn't contacted you prior to your 21 the ability, obviously, to delete what you, what you 22 departure from that firm; is that correct? 22 choose, correct? 23 A. I'm not sure. 23 A. As do you. 24 Q. Is it possible that Ms., either Ms. N.R. 24 Q. As do I, right. And were you using like a 25 or Ms. D.F. contacted you before you left the RRA 25 Microsoft Outlook program? Page 30 Page 32 1 firm but you just didn't sign them up before you 1 A. I don't remember. 2 left? 2 Q. Okay. 3 MR. SCAROLA: Objection, calls for 3 A. I am now. 4 speculation. 4 Q. Well, with the program that you did have, 5 THE v✓ITNESS: Yes. 5 could you delete it and then you would have to go 6 BY MR. CRITTON: 6 into the delete it and further delete it to clean it 7 Q. Is there a reason that you would not have 7 out? 8 signed them up during the time you were with -- or 8 A. I don't remember. 9 let me strike that. Prior to the implosion, prior, 9 Q. You don't remember back to October or 10 prior to that Monday when you were advised that the 10 September of '09 at this point? 11 RRA firm was closing down, had you made any plans to 11 A. That's just not what I do. I mean, I don't 12 leave that firm, that is the RRA firm? 12 just delete e-mails. So I don't know what you had to 13 A. No. 13 do. You take me for somebody more e-mail savvy than I 14 Q. Okay. Had you discussed with any other 14 am about that. 15 attorneys in RRA departing from RRA or the RRA firm 15 Q. Do you basically save all your e-mails or 16 prior to that Monday meeting at which time you were 16 had you in the past when you were at RRA? 17 advised that the firm was shutting down? 17 A. I don't intentionally save or delete. They 18 A. No. 18 are just there. 19 Q. You indicated it's possible that Ms. N.R. 19 Q. And when you, when you, at some point 20 or Ms. D.F. may have contacted you prior to your 20 after the Monday meeting, were you able to transfer 21 departure or prior to that Monday meeting. What 21 whatever e-mails you had from RRA to your current 22 makes you believe that? 22 program? 23 A. I don't remember exactly the timing of any 23 A. At Farmer, Jaffe, Weissing? 24 communications between myself and Ms. D.P. or Ms. N.R. 24 Q. Correct. 25 And it seems to me that it was around the time period 25 A. No. 8 (Pages 29 to 32) PROSE COURT REPORTING AGENCY, INC. EFTA01089011 Page 33 Page 35 1 Q. Were you at some point given access to all 1. paralegals, other staff at RRAT 2 your e-mails so it could be downloaded either on a 2 A. Yes. 3 disk, hard disc, floppy disk, or some other storage 3 Q. And would you see, receive, if it was 4 medium so that you had access m all your prior 4 something from one of the other partners at RRA 5 e-mails when you were at RRA? 5 would you receive; that is, did you get fum-wide 6 A. I don't know. 6 e-mails from time to time about specific topics? 7 Q. Did you ever make that request to someone, 7 A. Yes. 8 either the receiver or anyone else associated with 8 Q. All right. When you, during the time that 9 RRA? 9 you went back to RRA, did you printout, and up until 10 A. i don't remember if l made that request 10 the time you were denied access to the e-mail 11 Q. I thought you indicated earlier, 11 server, did you ever print, printout any e-mails or 12 Mr. Edwards, that you had access to some of your 12 transfer any e-mails that you can recall? 13 e-mails. 13 A. Not that I can recall 14 A. I had access to all ofmy e-mails on that 14 Q. All right. With regard to the Qtask 15 Monday of the meeting, on the next day, on that Tuesday, 15 system, have you been, since that Monday have you 16 right, the immediately following the meeting. 32:46 at 16 been able to use that system in any fashion? 17 some point in time it was cutoff and since that time, 3.7 A. What do you mean by that? 18 when it was cutoff, I don't believe I have ever had 18 Q. Have you been able to access Qtask either 19 access back to my entire e-mail system. 19 to look to see what was there or in the alternative 20 Q. Okay. Have you had access to portions of 20 pull information from so that you could printout 21 your e-mail system? 23. information from Qtask? 22 23 A. Not that I remember. Q. Have you attempted to obtain access or 22 23 A. i don't know. Probably. Q. Okay. Have you attempted since that 1 24 requested that you obtain access or information from 24 Monday — well, after that Monday meeting — let me 25 your e-mail, from the RRA e-mail saver? 25 strike that. Page 34 Page 36 1 A. I don't remember. 1 Since the meeting that occurred on 2 Q. You say you don't remember. Would there 2 that Monday at which time you were advised the firm 3 have been a reason that you either requested or 3 was shutting down, have you accessed Qtask for any 4 didn't request access to your prior e-mail? When I 4 reason? 5 say priori mean at RRA 5 A. I don't believe so. 6 A. Usually you read all of your e-mails and there 6 Q. What kind of — you said, you described 7 shouldn't be anything that I had not read. However, 7 earlier that Qtask was a web based network of files 8 there are some e-mails that you would like to keep 8 far files and other materials. And in what fashion 9 around. So there may have been reason for me to have 9 did you use Qtask during the time you were with RRA, 10 requested. However, I don't believe I was ever granted lo RRA? 11 access to those e-mails, and i can't specifically 11 A. Qtask is a project centric web-based program. 12 remember requesting the e-mails. 12 So projects could be created. The project would 13 Q. Within, within the e-mails you would have 13 normally be a case, and that case discussed with lawyers 14 corresponded with or communicated with people 14 the way that you may gather around a table and discuss 15 outside of the firm and as well as people within the 15 it. And at times I was invited to projects on various 16 lint', true? 16 cases and utilized that system. 17 A. Ever, yes. 17 Q. Is that the only fashion that you would 18 Q. During the time you were RRA 18 have used Qtask during the time you were with RRA? 19 A. Did I ever communicate with somebody outside? 19 A. Yes. 20 I coannunicated with you. 20 Q. And when you say a project, as an example, 21 Q. Correct. 21 Jane Doe versus Jeffrey Epstein, if that had been 22 A. So you know that to be true. Yeah, ofcourse. 22 put, just this is hypothetically and then I will ask 23 Q. I Imow that to be true. And my question 23 you later whether that was in the system but if you 24 is as well within the server or e-mail system with 24 wanted or let me strike that 25 RRA, did you ever also communicate with other 25 Could Jane Doe versus Jeffrey Epstein 9 (Pages 33 to 36) PROSE COURT REPORTING AGENCY, INC. EFTA01089012 Page 37 Page 39 1 been put in the Qtask program for, for purposes of 1 Fortis system before you came to Rothstein -- 2 creating a project? 2 A. Had I ever used Fortis before I came to RRA? 3 A. Repeat it again. 3 Q. Yes. 4 Q. Okay. Could a case like Jane Doe versus 4 A. No. 5 Jeffrey Epstein been put in the Qtask system as a 5 Q. Now, back to Qtask. Did you, do you have 6 project so that you and others could look at it? 6 a recollection -- let me strike that. Did you ever 7 A. You mean is, is, is the project capable of 7 personally ever put any information into the Qtask 8 holding such a project? 8 system for a project -- 9 Q. Yes, just genetically. 9 A. Yes. 10 A. Yes, yes. 10 Q. — on your cases? 11 Q. And in terns of the RRA system, did the 11 A. Yes. 12 RRA system ever have as, as a project Jane Doe 12 Q. Did you ever put, and I think you just 13 versus Jeffrey Epstein? 13 testified as to the best of your recollection, Jane 14 A. I don't believe so. 14 Doe versus Jeffrey Epstein was never put into the 15 Q. Did you ever look in the Qtask, Qtask 15 Qtask system, correct? 16 system to determine whether you or anyone on your 16 A. As the name of a project? 17 behalf or any other person in the firm had ever put 17 Q. Yes, sir. 18 Jane Doc versus Jeffrey Epstein into the Qtask 18 A. No. I don't believe so. 19 system? 19 Q. Well, was, when you say the name of a 20 A. Yes. 20 project, could, could information about Jane Doe 21 Q. Okay. And what did you find or not find? 21 versus Jeffrey Epstein have gotten into the system 22 A. I, I don't remember if that was the name of 22 but not identified as a, quote, unquote, project? 23 any project in the system. It could have been, but it 23 MR. SCAROLA: Calls for speculation. 24 may not have been. I don't remember that as a specific 24 MR. C1RITTON: Do you understand the 25 project in the system. 25 question, sir? Page 38 Page 40 1 Q. When you say a specific project, if I 1 THE WITNESS: I don't understand. 2 understand you correctly, Mr. Edwards, that would 2 MR. SCAROLA: Are you asking whether that, 3 have been, as an example, it could be any case. It 3 that capability existed? 4 could be a real estate case, it could be a labor 4 MR. CRITION: Sure. 5 case, it could be Jane Doe versus Jeffrey Epstein, 5 THE WITNESS: Did the capability exist? 6 but someone could, someone whether it was you or 6 MR. CR1TTON: Right. Again Mr. Scarola 7 someone else could put in facts and information 7 didn't want to let me go through the 8 about the case? 8 explanation because he thought you understand 9 A. Similar to any case management system tints, 9 it and I }mow you did, Brad. I 'mow you 10 it just happens to be web based, but you have the right 10 understand. 11 concept. 11 THE WITNESS: I don't know that I 12 Q. Is the concept the same concept for an 12 understand that question. I want to nuke sure 13 electronic, for the third electronic system, you had 13 that I answer your question accurately. 14 the electronic case management system? 14 MR. CRITION: See, cut me off too early, 15 A. I suppose at full capacity it, it may. I just 15 earlier. 16 wasn't that adept at Qtask to know all of the 16 IVER. SCAROLA: No, too late. 17 capabilities of Qtask. 17 BY MR_ CRITTON: 18 Q. With regard to the third item which I am 18 Q. Mr. Edwards, what I am trying to get is 19 going to come back to Qtask in just a minute, the 19 you described the Qtask as being project centric. 20 electronic case management software, what was the 20 And as I understood it, the project may be given a 21 name of that software? 21 label or a title? 22 A. I believe it's called Fortis. 22 A. Correct. 23 Q. F-o-r-t-i-s? 23 Q. So, it could be Jane Doe versus Epstein; 24 A. I think so. 24 it could be Jane Doe; it could just be assault case; _ 25 Q. I may have asked you, have you ever used a 25 is that correct, whatever you wanted to call or 10 (Pages 37 to 40) PROSE COURT REPORTING AGENCY, INC. EFTA01089013 Page 41 Page 43 1 someone wanted to call the project? 1 Q. Would I only see pictures or would I see 2 A. You have the right idea. 2 names as well? 3 Q. And if I understand it correctly is in 3 A. I don't remember that. 4 terms of the project, is if it was, if it was as an 4 Q. Would it be a correct statement that 5 example the Jane Doe case, you could, you or anyone 5 during the time you were at RRA, you did use Qtask? 6 else could put information in about Jane Doe, might 6 A. Yes. 7 not call it Jane Doe, but whatever amount of 7 Q. And did you ever put projects; that is, 8 information you or anyone else wanted to put in, 8 did you ever as the lead create projects through the 9 could put it into the Qtask so that other attorneys, 9 Qtask system? 10 staff, investigators, paralegals, anyone who could 10 A. Yes. 11 arrPcs the Qtask system, could see that project; is 11 Q. Would someone else, would, assuming that 12 that correct? 12 you wore the lead and you created the project, would 13 A. So that the people that were invited to the 13 only you be able to add information to Qtask? 14 project could see the project and those people only. 14 A. No. 15 Q. And when you say invited to the project, 15 Q. Okay. Was, was any invitee or person 16 is, would, would, assuming you're the person who 16 allowed access, was he or she allowed to add to 17 created the project -- 17 Qtask? 18 A. Okay. 18 A. Correct. 19 Q. -- would you then set the parameters as 19 Q. Okay. Would he or she also be able to 20 to, or the guidelines as to who could come into the 20 delete from Qtask if they were an invitee? 21 project? 21 A. I don't know that. 22 A. Maybe. 22 Q. Were you ever, did you ever -- in any I 23 Q. Okay. If, again, if it wasn't you, who 23 assume that you were not only the lead but from time 24 else could have set the parameters; that is, who 24 to time you were invited into Qtask; is that 25 else can access the file? 25 correct? Page 42 Page 44 1 A. Let's say I am the lead on a project: I 1 A. That's correct. 2 believe that is what it was called the, I believe that 2 Q. And during the time that you did, you, 3 was the title given to the person that initiates the 3 when you were the lead, are you the one who chose 4 project, if 1 want to then invite one or two or three or 4 what went into the file, to the Qtask file? 5 100 other attorneys to that project to help work on 5 A. No. 6 various aspects, I could do that. 6 Q. Who would have made that decision? 7 And if I didn't choose to add 7 A. Everybody in the, anybody that's invited can 8 somebody, and another attorney said make me a lead add. Pmnot the one that does it. Nobody has to come 9 so that I can add somebody, that's another way that 9 to me to insert anything in the Qtask. You can add if 10 that other lead could have invited somebody else to 10 you're invited. 11 the project. it Q. Well, let's assume that you are, you're 12 And when you open up the interphase 12 the lead but you don't invite anyone; that is, you 13 of Qtask, you're immediately shown a portfolio of or 13 create the 45:01 time project. You're the person 14 a photograph of the people that are invited to the 14 doing the adding, not staffwise but you're the 15 specific project and those people can access it. 15 person that puts the information in. 16 Q. So, if it was, as an example, if it was, 16 A. I understood the question until you added the 17 if you were the lead person and you invited 17 segment about maybe some staff member helps you add the 18 Mr. Adler and you invited Mr. Berger in and 18 Qtask. That just doesn't make sense with the program 19 Mr. Rothstein in, there, when you punched up the 19 Q. Well, with Qtask, if you're the lead and 20 Qtask on the screen, I would see Mr. Rothstein's 20 you don't invite anyone in because you're creating 21 picture. I would see yours. I would see 21 the project itself, are you the person who chooses 22 Mr. Berger's and Mr. Adler's? 22 exactly what goes in? 23 A. Correct. 23 A. [ am the person who puts in what goes in. 24 Q. As an example. 24 Q. All right. Are you, are you responding to 25 A. Yes. 25 questions within Qtask where you put, you describe 11 (Pages 41 to 44) PROSE COURT REPORTING AGENCY, INC. EFTA01089014 Page 45 Page 47 1 the case. You describe the facts. You describe the 1 Q. And why do you believe that to be true? 2 witnesses, things of that nature, or are you 2 A. It's not how the system works. 3 actually, can you -- well, first of all can you do 3 Q. Well, at least as you understand the 4 that? 4 system? 5 A. Can you describe the case and describe the 5 A. Well, if you want to tell me that it works a 6 facts? Yes, you can. different way, then maybe you can persuade me but that's 7 Q. And is that, when you say project centric, 7 how I understand the system. 8 is that what you're doing very much like the a Q. I am not, I'm not arguing with you. 9 electronic, much like the Fortis program? 9 MR. SCAROLA: Actually you are. 10 A. It's not very much like the Fortis program in 10 THE WITNESS: Assuming you had been on 11 my mind, but it's, it is what you are doing, you're 11 Qtask, it would help to get past all of these 12 inputting information about a specific project. 12 questions. if you had been on Qtask it would 13 Q. Can you put in the facts about a case, 13 help to get past all of this and you would see 14 again just generically, can you put in facts about a 14 exactly what I am trying to describe to you. 15 particular case and then ask someone in your 15 MR. CARTON: I would like to get on 16 invitees to comment on what they think, might think 16 Qtask. 17 the value of the case is or is not and give 17 THE WITNESS: Qtask.com. 18 suggestions as to discovery and things of that 18 BY MR. CRITTON: 19 nature? Is that all true? 19 Q. Okay. I'll remember that. With regard 20 A. Yes. 20 to, so as to whether or not Mr. Rothstein could have 21 Q And with regard to -- and once those 21 accessed it or Mr. Rosenfeldt or anyone else who was 22 invitees show up and they're photographed, then each 22 not an invitee at least from your knowledge, you 23 of those individuals can have access to the file and 23 believe they cannot access it? 24 add their thoughts or opinions -- 24 A. Correct. 25 A. Repeat it. 25 Q. Can you as well on Qtask, can you as well Page 46 Page 48 1 Q. -- or suggestions. Let me strike that. 1 post documents like an attachment? 2 With regard to the Qtask, once, 2 A. I believe it has that capability. I think the 3 once -- assuming that you're the lead, you create 3 answer is yes. 4 the project and then you, you say, okay, now it's in 4 Q. Now, with regard to the three cases that 5 a form that I want to get some invitees involved. 5 you — well, with regard to Jane Doe versus Jeffrey 6 Do you then send that project; that is, you then on 6 Epstein, I think you already told me you don't 7 Qtask you list the invitees and those people would 7 recall whether you put that in Qtask; is that 8 be, get some sort of cue that they had been invited 8 correct? 9 to the project up to the Qtask system? 9 A. I didn't tell you that. 10 A. I don't remember the exact process for 10 Q. Okay. Let me ask you then: Did you ever 11 inviting, but there is a way to invite. And to the best 11 use Qtask, you personally create a project as it 12 of my recollection, they do receive a notification that 12 related to Jane Doe's case against Mr. Epstein? 13 they have been invited so that they can accept. 13 A. No. 14 Q. Okay. Can, can someone who has not been 14 Q. To your knowledge did you direct anyone -- 15 invited also access the system? 15 well, let me strike that. Did you direct anyone to 16 A. No. 16 create a project on Qtask for the Jane Doe case 17 Q. Okay. And how do you know that? 17 against Mr. Epstein? 18 A. That's just not how the system works. 18 A. No. 19 Q. Well, it may not be how the system works, 19 Q. Okay. Do you know have you ever have 20 but say if Mr. Rothstein wanted to access when he 20 looked at the Qtask system — let me strike that. 21 was the head person at the RRA firm, he wanted to 21 From what you were able to access of 22 access the Q, Qtask system, do you believe that he 22 the Qtask system, did you ever go online on the 23 would have been able to *cress the system whether 23 Qtask system to determine whether anyone else had 24 you invited him or not? 24 ever put the Jane Doe case against Mr. Epstein on 25 A. No. 25 Qtask? 12 (Pages 45 to 48) PROSE COURT REPORTING AGENCY, INC. EFTA01089015 Page 49 Page 51 1 A. No. 1 regard to E.W. would be any different than the 2 Q. And therefore as you sit here today, you 2 answers given with respect to the other two 3 don't know whether someone else, whether it was 3 cases. 4 another attorney, whether it was an investigator or 4 MR. CRITTON: I would have rather have it 5 a staff person ever put the Jane Doe versus Epstein 5 specific. Oftentimes judge want to sec that. 6 case on Qtask? 6 So I understand that if I want something broad 7 A. Or whether it was you, right. 7 later on, I would be glad to accept that, but a Q. Right. As to L.M., did you ever put 8 thank you. Do you remember my question, sir. 9 L.M.'s case or direct — well, let me strike that. 9 THE WITNESS: No. 10 Did you ever create a project for LM. on Qtask? 10 BY MR. CRITTON: 11 A. No. 11 Q. Okay. With regard -- 12 Q. Did you ever direct that someone else 12 MR. SCAROLA: For the record let me 13 create a project in Qtask for the LM. case, L.M. 13 observe I believe that your insistence upon 14 versus Jeffrey Epstein case? 14 asking the individual questions that you have 15 A. No. 15 now asked twice with regard to the other 16 Q. Do you have any knowledge as to whether -- 16 claims, and your refusal to ask the blanket 17 let me strike that. Did you ever go on Qtask or 17 question in the way in which I have suggested 18 have you been able to determine whether anyone else 18 is an annoyance and embarrassment and a 19 within the RRA firm put the L.M. versus Jeffrey 19 harassment of this witness which does nothing 20 Epstein case or any aspects of it on Qtask? Have 20 but unnecessarily consume his time. 21 you looked or do you know? 21 BY MR. CRITTON: 22 A. I don't know. 22 Q. Mr. Edwards, with regard to E.W., did you 23 Q. Has anyone told you that the L.M. case 23 ever put any aspects of that case; that is, not just 24 against Jeffrey Epstein was on Qtask? 24 the pleadings but any aspects of the E.W. versus 25 A. No. 25 Jeffrey Epstein case onto Qtask? Did you ever Page 50 Page 52 1 Q. Okay. And so it's your testimony as far 1 create a project? 2 as you ]mow the L.M. versus Jeffrey Epstein case was 2 MR. SCAROLA: You may answer. 3 not ever on the Qtask system; is that correct? 3 THE WITNESS: There was never a project 4 A. To the best of my recollection today. 4 entitled to my recollection E.W. versus Jeffrey 5 Q. When I describe both the Jane Doe versus 5 Epstein, LM. versus Jeffrey Epstein, Jane Doe 6 Jeffrey Epstein case and the LM. versus Jeffrey 6 versus Jeffrey Epstein. And you're asking was 7 Epstein case being on Qtask, I don't necessarily 7 any information about those cases ever put onto B mean just the pleadings. I mean any aspect of it, 8 Qtask? 9 not necessarily the pleadings or the fact that the 9 MR. CRITTON: I didn't ask that question. 10 case was there but the factual circumstances 10 THE WITNESS: Okay. 11 surrounding either case. 11 MR. CRITTON: But I will in just a minute. 12 A. I am not going to get into what my 12 THE WITNESS: And my answer is no, those 13 work-product privilege, I am not going to allow you to 13 titles are not, I don't believe were ever on 14 pierce that privilege. I am not going to tell you what, 14 Qtask. 15 regarding those cases, was or was not on Qtask. 15 BY MR. CRITTON: 16 Q. Well, let me ask a specific question. So 16 Q. Now, separate and apart from — let me 17 if you want to claim some sort of privilege so the 17 strike that. Let =just stay with E.W. with regard 18 record is clear. 18 to E.W. Did anyone else at your direction put any 19 A. Sure. 19 information regarding E.W. into the Qtask system, an 20 Q. With regard to, and let me go first to 20 attorney, staff person, or secretary or another 21 the, finally to the E.W. case. With regard to the 21 lawyer? 22 E.W. versus Jeffrey Epstein case or any aspect of 22 A. What do you mean by information? 23 it, did you ever put E.W. into the Qtask system? 23 Q. Any information about E.W. into the Qtask 24 MR. SCAROLA: Let us save you some time. 24 system? 25 Why don't you ask whether the answers with 25 A. I don't remember. 13 (Pages 49 to 52) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01089016 Page 53 Page 55 1 Q. Okay. So we don't -- you gave a broader 1 by Mr. Edwards unless we expressly tell you 2 response to a question or that is you rephrased the 2 otherwise. 3 question. So, let me ask it in a broader sense. 3 MR. CRITTON: All right. 4 Was any information about the, your 4 MR. SCAROLA: So, when I instruct him not 5 three clients put into the Qtask, about your three 5 to answer, he will follow that instruction. 6 clients, Jane Doe, E.W., and L.M. versus Jeffrey 6 MR. CRITTON: And you will do that, 7 Epstein, or against Jeffrey Epstein, was any 7 correct? 8 information ever put into the Qtask system? I don't 8 TILE WITNESS: That's correct. 9 want to know the information, just whether you put 9 BY MR. CRITTON: 10 information into the Qtask system. 10 Q. With regard to the, the generic, and if I 11 A. Yes. 11 understood you correctly that there was generic or 12 Q. Did you do it yourself or did you do it in 12 there was information put in on one, two, or three 13 conjunction with someone else? 13 of your clients' claims again Mr. Epstein, did you 14 A. Explain to me what you mean by did I do it in 14 have or identify individuals who were invitees to 15 conjunction with somebody else. 15 that Qtask file? 16 Q. Well, is, you may have typed in the 16 A. I'm sorry, what's your question? 17 information yourself. 17 Q. Did you designate individuals who could be 18 A. I strike one key; somebody else strikes 18 invitees to that file? 19 another? 19 A. Did I invite anybody into the project? 20 Q. No, you may have input all the information 20 Q. Sure. 21 you want, whatever information you want to put into 21 A. Yes. 22 Qtask, you may have made the decision to do that. 22 Q. Okay. Who did you invite into the Qtask? 23 All right. My question is someone else, a 23 And let me ask you this first, Mr. Edwards: With 24 secretary, or a paralegal may have helped you, an 24 regard to the claims against Mr. Epstein, the only 25 investigator may have put some information in, at 25 three -- well, and I probably need to step back. Page 54 Page 56 1 least at your direction regarding these three 1 Would it, would it be a correct 2 individuals' claims against Mr. Epstein? 2 statement during the time that you with RRA that the 3 A. Information that I put into Qtask is 3 only claims that you had against Mr. Epstein were 4 information that was inputted into Qtask by me. 4 Jane Doe, E.W, and L.M.? 5 Q. Did you ever direct anyone else to put any 5 A. The only clients I represented, yes. 6 additional information in with regard to those three 6 Q. And not necessarily in a lawsuit but those 7 claims against Mr. Epstein? 7 are the only people that, that you and RRA 8 A. I don't believe so. represented in any, in any existing or potential 9 Q. And what type of information did you put 9 claims against Mr. Epstein during the time you were 10 into Qtask regarding the claims against Mr. Epstein? 10 with RRA? 11 MR. SCAROLA: Read that back, please. 11 A. I believe so. 12 (The requested portion of the record was 12 Q. By the way, could, could an outside 13 read by the reporter.) 13 person, that is a person outside the film access 14 MR. SCAROLA: We're going to object and 14 Qtask as well? 15 that I will instruct you not to answer on the 15 A. You can access it right now. 16 basis of both attorney-client and work-product 16 Q. Can — did you eve• allow someone who was 17 privileges. 17 not associated with RRA to access the Qtask file 18 MR. CRITTON: I assume if Mr. Scarola 18 relating to Mr. Epstein? 19 asserts an objection, you're adopting that and 19 A. No. 20 you would assert it. So, we don't have to do 20 Q. Okay. Was there more than one file that 21 that as A repetitious project here? 21 was created associated with the claims against 22 MR. SCAROLA: Correct. 22 Mr. Epstein? 23 MR. CRITTON: And that's correct. 23 A. I don't remember. 24 MR. SCAROLA: You can, you can assume that 24 Q. Did anyone to your knowledge -- well, let 25 my instructions to Mr. Edwards will be followed 25 me strike that. Did an one other than create a 14 (Pages 53 to 56) PROSE COURT REPORTING AGENCY, INC. EFTA01089017 Page 57 Page 59 1 Qtask file relating to claims again Mr. Epstein? 1 BY MR. CRITTON: 2 A. To the best of my knowledge, no. I take that 2 Q. During the time that you were at RRA, did 3 back. I don't know who created the project, but I am 3 a number of people have access to the Epstein files 4 only aware of the project that I participated in related 4 either, either in a paper form or in an electronic 5 to Mr. Epstein and his molestation of many children, 5 form? 6 period. 6 A. Either/or, yes. 7 Q. And what did you call the project; that is 7 Q. And maybe I should get a definition of, 8 how it was identified on the Qtask system? 8 with regard to the Epstein files, you had three 9 A. I don't remember. 9 cases, Jane Doe, E.W., and L.M., correct? 10 Q. Do you recall when it was created? 10 MR. SCAROLA: Excuse me. You used Epstein 11 A. No. 11 file as a defined term earlier. Are you now 12 Q. Do you recall whether it was created 12 using it generically? 13 within a month of your coming to RRA? 13 MR. CRITTON: I am going to use it 14 A. I don't remember. 14 genically and when I come back to Qtask, I am 15 Q. Do you recall whether it was, I think you 15 off Qtask for just a minute. So that I have an 16 said approximately the beginning of April of '09 you 16 understanding of how your filing was kept And 17 came to RRA, correct? 17 I will come back to Qtask. So, right now I am 18 A. Correct. 18 using the Epstein files in a generic form. Not 19 Q. All right. And is it, just so the record 19 using Qtask. Okay. 20 is clear it's, your testimony is you don't recall 20 MR. SCAROLA: Okay. 21 whether you created the project in April, May, June, 21 BY MR. CRITTON: 22 July, August, September or October relating to the 22 Q. With regard to the Epstein files or 23 claims against Mr. Epstein? 23 matters, I know you had -- we know you have three 24 A. I don't remember if I created the project, 24 cases that were filed that we have already 25 period. 25 identified, Jane Doe? Page 58 Page 60 1 Q. Separate and apart from whether -- well, 1 A. That's good. 2 let me strike that. If you didn't create the 2 Q. E.W. and L.M., correct? 3 project, who would have? 3 A. Correct. 4 A. I don't know. 4 Q. Were all materials relating to Jeffrey 5 Q. Well, do you remember -- let me strike 5 Epstein kept, kept under, at least for filing, for 6 that. Do you know whether with regard to the 6 filing purposes at RRA, were they kept under the 7 project, and for purposes of at least this question, 7 Epstein designation or, or some other designation? 8 let me just call it the Epstein project, are you 8 A. Yes. 9 okay with that designation? 9 Q. Okay. And what was the designation? 10 A. Yes. 10 A. I don't remember but it was either under 11 Q. Okay. With regard to the Epstein project 11 Epstein or some other designation. 12 that was created in the Qtask system, if I am 12 Q. And at RRA, were there both paper files or 13 understanding correctly, you don't remember whether 13 paper information as well as electronic information 14 you created it or someone else did, correct? 14 that was stored or kept regarding the Epstein files? 15 A. Correct 15 A. Correct 16 Q. Who would have had access to your files 16 Q. Was RRA supposed to be or at least 17 that could have created the Epstein project other 17 designed to be a paperless office? 18 than you? 18 A. Yes. 19 A. That question makes no sense. 19 Q. And would every document that came that 20 Q. Okay. 20 was associated with the Epstein files, again in the 21 MR. SCAROLA: And it also assumes facts 21 generic sense, was that scanned in or put into the 22 not in evidence and does not have a prior 22 system in some fashion at RRA? 23 proper predicate. 23 A. To the best of my knowledge. 24 THE WITNESS: That's why it doesn't make 24 MR. CRITTON: Just two minutes. 25 sense. 25 ••• 15 (Pages 57 to 60) PROSE COURT REPORTING AGENCY, INC. EFTA01089018 Page 61 Page 63 1 BY MR. CRAYON: 1 it electronically? 2 Q. With regard to the scanned system; that 2 A. For the most part I would see it 3 is, to store the electronic records, was that put in 3 electronically, but I can't say that I have never seen a 4 through the, through the Fortis program? 4 piece of paper come in. 5 A. Yes, I believe so. 5 MR. CR1TTON: Okay. Let me take a few 6 Q. And did you as well -- let me strike that. minute break. 7 Prior to coming to RRA had you ever worked in a 7 MR. SCAROLA: Well, wait a second. Do you 8 paperless.file or in a paperless office? want to break at this point? 9 A. I don't understand. 9 THE WITNESS: Not really. 10 Q. Had you ever been working in an office 10 MR. SCAROLA: Okay. We would like to keep 11 prior to coming to RRA that was designed to be 11 going. 12 paperless? 12 MR. (MUTTON: Can I just go to the rest 13 A. No, but as I mentioned earlier, i have worked 13 room for two minutes? 14 with case management software that stores electronic 14 MR. SCAROLA: Yes. 15 versions of files, so therefore there is a paperless 15 THE VIDEOGRAPHER: We're now off video 16 system. 16 record. The time is 11:21 a.m. 17 Q. Did you as well when you came to RRA with 17 (A brief recess was held.) 18 regard to the Epstein related matters or the content 18 THE VIDEOGRAPHER: We're now on video 19 of your Epstein investigation and files, had you 19 record. The time is 11:28 a.m. 20 placed any of that on a prior, a previous paperless 20 BY MR. CRITTON: 21 system or did you have the paper itself or both? 21 Q. Couple, few more questions in Qtaslc Did 22 A. Both. 22 you ever allow Mr. Rothstein, was he an invitee on 23 Q. And during the time that you operated at 23 the Epstein-related projects? 24 RRA, did you operate both with a, you individually 24 A. I don't believe so. 25 with regard to the Epstein files, did you operate 25 Q. With regard to the third electronic, the Page 62 Page 64 both in a paper and a paperless manner? 1 Fortis system where you, if 1 understand you 2 A. No. 2 correctly, you input various information into that 3 Q. Did you operate only in a — well, in what 3 Epstein regarding Epstein files; is that correct? 4 way did you operate? 4 A. No. 5 A Paperkss. 5 Q. You never used those systems with regard 6 Q. Okay. So if, if as an example I sent you 6 to Epstein files? 7 correspondence or answers to interrogatories or a 7 A. I used the systems. I never input anything 8 response to a pleading and it came in the mail, 8 into the system. i think it gets scanned in. 9 would that document be scanned and then you would 9 Q. And could anyone in the firm access the 10 toss away the paper? 10 Fortis system? 11 A. I don'tlabow. 11 A. I don't !mow. 12 Q. So, you may well have had paper in 12 Q. Could you access other files that weren't 13 addition to — well, let me strike that. Do you 13 necessarily yours within the Fortis system if you 14 even know whether the document was scanned? 14 wanted to? 15 A. If you're telling me you sent correspondence 15 A. I don't 'mow. 16 in the mail and I would later sec that correspondence in 16 Q. Mr. Edwards, with regard to your 17 my virtual mailbox, I make the logical assumption that 17 employment with RRA, did you 'mow any of the RRA 18 it was scanned. i never observed anything being 18 partners prior to coming to that firm in 19 scanned. 19 approximately April of '09? 20 Q. Okay. And do you, if something came to 20 A. What do you mean by brow them? 21 you by mail, whether it was some form of discovery 21 Q. Did you know them? 22 or request, and I will be in the state cases, where, 22 A. Yes. 23 which is not a paperless system and you don't file 23 Q. As either an acquaintance or a friend? 24 through Pacer, would you ever sec the paper that 24 A. Yes. 25 actually came to your office or would you only see 25 Q. Did you have any friends at the RRA finn • 1/ • t -L-41 eGJA•6•,, , ..., 16 (Pages 61 to 64) PROSE COURT REPORTING AGENCY, INC. EFTA01089019 Page 65 Page 67 before joining them? 1 Q. How did it, how did it happen that you 2 A. People that I would consider to be my friend. 2 came to be employed by RRA? 3 yes. 3 A I was offered a job. 4 Q. Who. 4 Q. And how did that come, how did that come 5 A. Russell Adler. 5 about? 6 Q. And how did you know Mr. Adler? 6 A. Talking with Russell Adler. 7 A. We worked out at the same gym for about, 7 Q. Had you ever had a case against Mr. Adler 8 approximately four or five years. 8 or with Mr. Adler, either you were on the same side 9 Q. What were you doing, prior to your 9 or against? 10 association with RRA, what was your employment? 10 A. Yes. 11 A. What? 11 Q. On how many occasions? 12 Q. Were you working as a solo practitioner? 12 A. I can't recall. 13 Were you working with another firm prior to coming 13 Q. Okay. Did Mr. Adler approach you or did 14 to RRA in April of 09? 14 you approach him? 15 A. Solo practitioner. 15 A. We worked out at the same gyro. It wasn't 16 Q. How long had you been a solo practitioner? 16 about approaching somebody. 17 A. Approximately two years. 17 Q. How did the topic come up? 18 Q. During the time you were a solo 18 A. He works at this law rum Rothstein Rosenfeldt 19 practitioner, did you ever have any associates 19 Adler, and would talk about it in a positive way for 20 working for you, solo imply that you're the only 20 years before I joined the firm. 21 one, is that true, or did you have associates that 21 Q. And how did it come up that you would be 22 actually worked for you? 22 interested in possibly working there; that is did he 23 A. Various times 1 had clerks, law school clerks, 23 say gee, Brad, you should come talk to me or did you 24 but that was it. 24 say I am interested in working for the firm? 25 Q. But no other lawyers? 25 A. He would ask if I would be interested in Page 66 Page 68 1 A. Right. 1 joining the firrn. 2 Q. Did you ever have an investigator work for 2 Q. Okay. And what happened then? What 3 you? 3 ultimately happened that you, that you went from 4 A. Yes. 4 just having an interest to actually contemplating or Q. Okay. Do you know an individual by the 5 being offered a position? 6 name of Fisten, F-i-s-t-e-n? 6 A. I didn't say I had an interest. 7 A. I know an individual whose last name is Q. So, what happened? How did you then end 8 Fisten. 8 up at RRA? 9 Q. All right. What's his first name, the one A. Numerous conversations with Russell Adler and 10 you 'mow? 10 him telling me about some of the other people there that 11 A. Mike. 11 I believed to be good lawyers, respected, ethical 12 Q. Michael Fisten? 12 lawyers, and that this is a good place to work, great 13 A. Yes. 13 comradery, you have a team, I know you handle big cases; 14 Q. Mike Fisten ever do any work for you when 14 this will be something that will be good for you. And 15 you worked as a solo practitioner at any time prior 15 that was something I talked to him about seriously for 16 to you joining RRA? 16 four months maybe before joining RRA before finally 17 A. No. 17 agreeing to meet Scott Rothstein. 18 Q. Did you know of Michael Fisten or Mike 18 Q. All right. Had, did Mr. Adler ever 19 Fisten prior to joining RRA? 19 discuss with you parameters or potential income or 20 A. No. 20 salary or whatever the compensation package would 21 Q. With regard to the investigators that you 21 be — 22 used prior to joining RRA, did you use, or were any 22 A. Not specifically. 23 of those individuals ever employed by RRA during the 23 Q. -- before you first met with 24 time you were there? 24 Mr. Rothstein? 25 A. No. 25 A. Not specifically. 17 (Pages 65 to 68) PROSE COURT REPORTING AGENCY, INC. EFTA01089020 Page 69 Page 71 1 Q. How many times did you meet with Scott 1 of the meeting if you had no interest in considering 2 Rothstein prior to accepting a position with RRA? 2 an opportunity with RRA? 3 A. Once. 3 A. For the most part placate Russell Adler. 4 Q. Where did the meeting take place? 4 Q. Did Mr. Adler know the type of cases you 5 A. The restaurant BOVA. 5 had? 6 Q. Did you understand Mr. Rothstein had an 6 A. Of course. 7 interest in 130VA? 7 Q. And was he aware as of that date you had 8 A. At the time? 8 filed the three cases against Mr. Epstein? 9 Q. Yes, sir. 9 A. I don't believe so. 10 A. No. 10 Q. Had you — is it your belief that the 11 Q. Did you learn that during the time that 11 three cases against — well, let me strike that. Do 12 you worked for RRA 12 you recall when the first meeting was or the only 13 A. Yes. 13 meeting that you had with Mr. Rothstein prior to 14 Q. Okay. Who was present other than 14 joining the firm? 15 Mr. Rothstein when you met with him at BOVA? 15 A. It was prior to joining the firm. 16 A. Nobody. 16 Q. All right. When was that? 17 Q. Who had set up the meeting? 17 A. I don't remember. 18 A. Russell. 18 Q. Was it within a month of your joining RRA, 19 Q. And had anything been discussed at least 19 two months, three months, six months? 20 as of that time with regard to what your opportunity 20 A. Definitely within six months ofjoining the 23. was or in terms of compensation? 21 firm. Definitely within three months of joining the 22 A. Specifically, no. 22 firm. Within that three month period, I don't recall. 23 Q. How long did the meeting with 23 Q. So, sometime between January and April of 24 Mr. Rothstein last? 24 '09, you would have met with Mr. Rothstein for ten 25 A. Ten minutes. 25 minutes? Page 70 Page 72 1 Q. Did you have lunch with him or you just 1 A. I believe so. 2 sat down and talked with him at the table at the 2 Q. Okay. What did you talk about; that is, 3 restaurant? 3 what was the substance of the meeting? 4 A. Sat down and talked to him. 4 A. Russell says you would be an asset to the 5 Q. Had you submitted any kind of a resume to 5 firm. I will treat you fairly. How, how much do you 6 Mr. Adler as to what your experience was? 6 expect to make? Okay. I can't do that, but as soon as 7 A. No. 7 you show your worth here, your salary is exponentially Q. So, you, at that time you are a solo 8 increased because at this firm we operate under a system 9 practitioner. Mr. Adler calls you and says, or you 9 of fairness. That was the gist of the meeting. 10 express an interest. Mr. Adler says we have an 10 Q. Did he ask you how much you were making at 11 interest in talking to you, and you set up a meeting 11 that time or how much you had made the preceding 12 with Mr. Rothstein. Is that pretty much it? 12 year, '08? 13 A. You're now making things up that is totally 13 A. I believe so. 14 inaccurate, and doesn't reflect what I have been telling 14 Q. What did you tell him? 15 you at all. I didn't express any interests. I wasn't 15 MR. SCAROLA: Objection. Instruct you not 16 looking for a job. 1 wasn't seeking him out. In fact, 16 to answer on the basis of economic privacy. 17 that is the exact opposite of what I have just gone 17 BY MR. CRI1TON: 18 through explaining to you about conversations at the gym 18 Q. Did you tell him what you had made, total 19 that ultimately lead to him convincing me this is a good 19 compensation for the year 2008? 20 place to come into and me agreeing to this meeting with 20 A. I don't remember. 21. Scott Rothstein. 21 Q. Well, ifI, ifI understood you correctly, 22 Q. Okay. When you went to meet with Mr! 22 I thought he said is I can't meet that salary or 23 Rothstein did you have any interest or was this just 23 that level of compensation, so you must have told 24 a throw-away meeting. Maybe I misunderstood. What 24 him something. 25 did you — let me strike that. What was the purpose 25 A. Yeah. I answered his question, what did you 18 (Pages 69 to 72) PROSE COURT REPORTING AGENCY, INC. EFTA01089021 Page 73 Page 75 1 expect. 1 A. Possibly. 2 Q. What did you tell him that you expected? 2 Q. Do you recall what he said? 3 MR. SCAROLA: Objection, economic privacy. 3 A. What do you mean by benefits? 4 BY MR. CRITTON: 4 Q. I mean would you get health insurance and 5 Q. All I am interested now, not necessarily 5 those types of things as well? 6 what you were earning but what you told him, i.e., 6 A. I believe that was discussed. Pm not sure. 7 Mr. Rothstein that you wanted to get or expected to 7 I can't tell you I got them but I don't know. cam if you considered a job at RRA 8 Q. Did you discuss any of your cases that you 9 MR. SCAROLA: Objection. Economic 9 had with him? 10 privacy, instruct you not to answer. It's 10 A. No. 11 neither relevant nor material nor reasonably 11 Q. Okay. Did you sign an employment 12 likely to lead to relevant material information 12 agreement at any time with RRA? 13 and invades the economic privacy of the 13 A. No. 14 witness. 14 Q. After the — let me go back. Did you say 15 MR. CRITTON: Is that form? 15 you did or did not discuss any of your current cases 16 BY MR. CRITTON: 16 with him? 17 Q. Mr. Edwards, you gave him a number, is 17 A. Did not. 18 that correct? Him meaning Mr. Rothstein. 18 Q. Okay. Were you aware, had you discussed 19 A. I believe so. 19 your cases -- I think you said you had discussed 20 Q. And was the number that you gave him more 20 your cases or Russell Adler had an idea of the type 21 than you had earned for the year 2008 or less? 21 of cases you had? 22 MR. SCAROLA: Same objection. 22 A. Over the years Russ and I are friends; we 23 MR. CRITTON: Or the same? 23 talked about cases. 24 MR. SCAROLA: Same objection, same 24 Q. Did you say you had discussed the Epstein 25 instruction. 25 cases with him? Him, meaning Adler. Page 74 Page 76 1 BY MR. CRITTON: 1 A. I, I don't believe I discussed the Epstein 2 Q. Did you tell him that you — did you tell 2 cases with Russell Adler until after I was employed at 3 him that you wanted to make more money than you had 3 RRA 4 in the proceeding year? 4 Q. Did you mention Mr. Epstein at your 5 MR. SCAROLA: Same objections and 5 meeting with Mr. Rothstein? 6 instructions. 6 A. No. 7 BY MR. CRITTON: 7 Q. Did you mention any of your throe clients 8 Q. Did he tell you how much you would be paid B who were suing Mr. Epstein at the meeting with 9 if you came to work at RRA; that is, did he mention 9 Mr. Rothstein? 10 a number. This is what your salary would be if you 10 A. No. 11 come and work here? 11 Q. With regard to the, did you, did you 12 A. I believe so. 12 discuss with him if you came to work with RRA that 13 Q. And what number did he say to you? 13 the cases -- well, let me strike that. Did he 1.4 MR. SCAROLA: Objection and same 14 mention that if, if you came and worked for the firm 15 instruction. 15 that those cases would become the property of RRA? 16 BY MR CRITTON: 16 A. No. 1.7 Q. Did he also tell you that you would get an 17 Q. Did you understand that to be true? 18 economic incentive; that is, at the, at sometime 18 A. I mean, I suppose so. 19 during the course of the year based upon your 19 Q. Okay. Did -- 20 production? 20 A. I understood that I was going to be an 21 A. I would be compensated fairly. 21 employee of the firm, of course. 22 Q. And that was it? 22 Q. Well, did, did you, at the conclusion of 23 A. That was the gist. 23 the meeting did you say, yes, l would like to work 24 Q. Okay. Did he talk about any benefits that 24 here or how did you leave it? 25 you would receive? 25 A. Think about it. 41WileaWbN 19 (Pages 73 to 76) PROSE COURT REPORTING AGENCY, INC. EFTA01089022 Page 77 Page 79 1 Q. And how long did you think about it? 1 ended up at RRA, how much timed passed? 2 A. f don't rtmeiriber. 2 A. I don't know. 3 Q. Did you, and who did you contact? Well, 3 Q. Prior to starting at RRA, did you have any 4 let me strike that. At some point did you make a 4 further conversations with Mr. Rothstein; that is, 5 decision -- 5 up until the day that you showed up at that office? 6 A. Yes. 6 A. No. 7 Q. — to go work for RRA, correct? 7 Q. And in terms of the cases; that is, the A. Correct. a cases with L.M., with L.M., Jane Doe and E.W. those 9 Q. Did Mr. Rothstein at the initial meeting 9 are cases that you had signed up when you were a 10 tell you whether you would be a partner? 10 sole practitioner; is that correct? 11 A. No. 11 A. Correct. 12 Q. Did he describe that you would be at least 12 Q. And with each of those cases there was a, 13 to the public at large you would be described as a 13 there is also another lawyer that was involved — 14 partner? 14 well, let me strike that. In one or more of those 15 A. No. 15 cases is Mr. Howell involved, or was he at the time 16 Q. Did you understand who the partners 16 you were a solo practitioner? 17 were -- well, let me trick that. Is PRA, was RRA a 17 A. What do you mean by involved? 18 PA? 18 Q. Involved, was he a referring lawyer? 19 A. I don't know. 19 A. Yes. 20 Q. Did you ever find out dining, up through 20 Q. Was he the referring lawyer on all three 21 today's date do you know whether RRA was a PA or an 21 of those cases? 22 LLC or an ILP? 22 A. He was at least the referring lawyer directly 23 A. No. 23 on one. 24 Q. Did you ever go online to look at who the 24 Q. Which one? I'm sorry. I didn't mean to 25 officers and directors were or had members if it was 25 interrupt you. Page 78 Page 80 1 an LLP? 1 A. I'm finished. 2 A. During the initial, initial meeting with Scott 2 Q. Which case was he the referring lawyer, 3 Rothstein, he told me there are only two equity partners 3 Mr. Howell? 4 of this law firm, and it will always be that way; myself 4 A. E.W. 5 and Stuart Rosenfeldt, period. 5 Q. And he may be the referring lawyer on Jane 6 Q. And did he say that they each own 6 Doe, and L.M., you just don't know as you sit here, 7 50 percent, or did he say, they were just partners? 7 or he is? 8 A. Did not say. 8 A. He referred E.W.'s case. 9 Q. Prior to your -- let me strike that. I Q. And the other two cases is he is shown as 10 11 think as you said at some point you made a decision to join RRA? 10 11 the referring lawyer? A. Yes. I 12 A. Right 12 Q. There is also a person named Cassell who I 13 Q. And who did you convey that to? 13 think is an attorney from Utah? 14 A. Russell. 14 A. Okay. 15 Q. And what happened thereafter? That is, 15 Q. Do you recognize the name? 16 how did you go front then being a solo practitioner 16 A. Yes. 17 into RRA? How did you integrate yourself? What was 17 Q. Okay. And what's his first name? 18 the timing and what did you do? 18 A. Paul. 19 A. At some point in time I was no longer working 19 Q. All right. Is he in any way a referring 20 in my Hollywood office and was working at PRA on Las 20 lawyer, considered a referring lawyer with regard to 21 Olas. So, physically I showed up to work at a different 22 location. 21 22 any of the three cases against Mr. Epstein? A. No. I 23 Q. And did someone -- well, let me strike 23 Q. What's his role? 20 (Pages 77 to 80) PROSE COURT REPORTING AGENCY, INC. EFTA01089023 Page 81 Page 83 1 of, as a potential recipient of any contingency fee 1 or Mr. Howell, assuming there had been some 2 or is he paid on an hourly basis, either when you 2 resolution? 3 were a sole practitioner during the RRA stages or at 3 A. RRA would be standing in my shoes. 4 the current time? 4 Q. And if t understand it correctly, there 5 A. Contingency. 5 was never an assignment of your contracts; that is, 6 Q. Does he get part, at least as it was set 6 as a solo practitioner to RRA; is that correct? 7 up as a sole practitioner was Mr. Cassell also on 7 A. Correct 8 the contract with each of the three individuals? 8 Q. Okay. And it was your intent just 9 A. I don't believe so. 9 whatever the contract said when you went from solo 10 Q. You don't — he is not on any of the 10 practitioner to RRA, if those cases had resolved 11 contracts, Mr. Cassell? 11 during that time period, RRA, you would have paid 12 A. There is a contract that he is on but your 12 RRA that portion to which you were been entitled and 13 question is when the cases were first signed up, was he 13 Howell and a Cassell would have gotten their 14 on the initial contract. And I believe the answer to 14 percentage? 15 that is no. 15 A. Correct. 16 Q. Prior to the time or during the time that 16 Q. And with regard to, with the new firm, the 17 you were in sole practice before you went to RRA was 17 Farmer, Jaffe firm, where those new fee agreements 18 Mr. Cscsrll ever on any of the contracts with the 18 have been signed with your three clients? 19 three Plaintiffs? 19 A. Yes. 20 A. Yes. 20 Q. And are Mr. Cassell and Mr. Howell still 21 Q. Okay. When you moved to RRA, was a new 21 on those contracts? 22 fee agreement signed with each of the individuals, 22 A. Yes. 23 each of the three Plaintiffs? 23 Q. Has the receiver made a claim against the 24 A. No. 24 proceeds of these three cases; that is, he filed, 25 Q. Was there some form of an assignment? 25 Mr. Seton on behalf of or as trustee, has he filed a Page 82 Page 84 1 A. Well, not to my knowledge. I don't want to 1 lien again those cases? 2 say no, but I don't }mow of any fee agreement that was 2 A. No. 3 signed with the client. 3 Q. Has he sent you any correspondence 4 Q. Asa — from the time that the original -- 4 indicating that he intends to assert a lien against, 5 let me strike that. If I understood you correctly 5 for attorney fees and/or costs that were incurred 6 is as an example E.W. was your first case? 6 during the time those cases were at RRA? 7 A. First client. 7 A. Not specifically related to those cases, but 8 Q. First client, right. Mr. Howell would 8 in general, that concept is something that has been 9 have referred the case, so he would have shown up as communicated by a receiver or a trustee to us at Farmer, - 10 a referring order. And at some point Mr. Cassell 10 Jaffe, Weissing. 11 also came on the contractor or a contract; is that 11 Q. Have you at any time; that is, have you 12 correct? 12 acknowledged, has anyone at Farmer, Jaffe 13 A. A contract, yes. 13 acknowledged their responsibility to repay monies to 14 Q. So, there was at least two contracts with 14 RRA? 15 regard to E.W.? 15 A. I don't understand the question. 16 A. That I remember. 16 Q. If the case is settled, does Fanner, Jaffe 17 Q. And with regard to E.W., Jane Doe, and 17 intend to repay the receiver a portion of the fees 18 L.M., you don't recall any new contract being signed 18 at costs? 19 between those individuals and RRA; is that correct? 19 A. That issue has not been resolved. 20 A. That is correct 20 Q. With regard to, with regard to the 21 Q. And with regard to the, whatever the 21 third-party -- 22 contingency fee was in each of those three 22 (Interruption at the door.) 23 contracts, was that to be split? When you went to 23 BY MR. CRITTON: 24 RRA, how VMS it to be determined what RRA would 24 Q. Other than the attorneys is there -- with 25 receive versus what you would receive or Mr. Cassell 25 regard to the, other than the attorneys, is there air 21 (Pages 81 to 84) PROSE COURT REPORTING AGENCY, INC. EFTA01089024 Page 85 Page 87 1 anyone else other than, on any of these three cases; 1 A. You understood me correctly. 2 that is, potentially RRA, potentially your new firm, 2 Q. All right. And when did EW. retain your 3 Mr. Cassell, Mr. Howell and the Plaintiff, does 3 services, please? 4 anyone else stand to benefit from a recovery in any 4 A. And by first case, just to clarify, she was my 5 of those cases? 5 first client — 6 A. No. 6 Q. I will rephrase it. 7 Q. Has anyone, has any interest in any of the 7 A. — related to the matter that we're all 8 three cases been assigned to a, to a third party 8 familiar with that relates to things that happened to 9 other than a law firm or a lawyer or a law firm; 9 E.W. when she was young. 10 that is, to an outside service? 10 Q. Let me rephrase the question this way: If 11 A. No. 11 I understand your testimony is EW., and I'm 12 Q. Okay. Have any of the potential 12 interested in Epstein cases; I am not interested in 13 settlements — Pm sorry. Have any of the potential 13 other portions of your practice. You understand 14 proceeds from any settlement or verdict been 14 that? 15 assigned or sold to anyone to your knowledge? 15 A. Ho. And I think that you understand that 16 A. No. 16 this case, E.W.'s case and L.M. case did not begin as a 17 Q. Has E.W., Jane Doe, or L.M. sold, 17 case against Jeffrey Epstein. You know that and I know 18 assigned, exchanged for consideration, money, or 18 that, and that's why it's difficult for me to ask, 19 promises of money, any portion of their potential 19 answer these questions related to these clients because 20 settlements? 20 this began as a case against the United States 21 A. No. 21 Attorney's Office. 22 Q. Or recoveries? 22 Q. All right. With regard to the, at least 23 A. No. 23 your first representation of any of your three 24 Q. If I understood you correctly, 24 clients that relate to Mr. Epstein in some fashion, 25 Mr. Edwards -- 25 your first client was E.W; is that correct? Page 86 Page 88 1. MR. SCAROLA: Let me interrupt for just a 1 A. That is correct. 2 moment. I don't know whether the circumstance 2 Q. Do you recall when you fist — well, let 3 applies but I want to be sure, does the scope 3 me strike that. She was referred to you by 4 of your question include a letter of protection 4 Mr. Howell? 5 to a health care provider? 5 A. That is correct. 6 MR. CRITTON: No. 6 Q. Okay. And how did Mr. Howell know you? 7 MR. SCAROLA: I don't know whether that 7 A. I have known him for a long time. has occurred in any of these cases, but I 8 Q. Law school? 9 assume that's not what you're looking for? 9 A. No. I have known him since, Pm from 10 MR. CRITTON: I wasn't, but no, Fm 10 Jacksonville Beach. He's from Jacksonville. I have 11 looking for — I think it would not be applied 11 known him when I was probably ten years old. 12 to any of the three. 12 Q. Okay. Has Mr. Howell, prior to E.W., had 13 You understand I wasn't talking about 13 he ever referred to you any other client? 14 health care providers. I am talking about 14 A. Yes. 15 some independent person or entity that may 15 Q. Did it involve some sort of a sexual 16 have purchased some interest or have been 16 assault or battery? 17 assigned some interest in any of those 17 A. Yes. 18 three lawsuits. Do you understand that? 18 Q. How many clients prior to E.W. had 19 THE WITNESS: I think I understood your 19 Mr. Howell ever referred you? 20 question, and my answer was responsive and I 20 A. I don't know. 21 was not thinking about letters of protection at 21 Q. More than one? 22 the time that I gave my answer. 22 A. Yes. 23 BY MR_ CRITTON: 23 Q. When E.W. was referred to you, what was 24 Q. With - if I understood you correctly, 24 your understanding as to the nature of the 25 E.W. was your first case? 25 representation, what would it be? PROSE COURT REPORTING AGENCY, INC. EFTA01089025 Page 89 Page 91 1 A. I don't understand. 1 MR. SCAROLA: Objection, attorney-client 2 Q. Why did E.W. come, why did she hire you in 2 privilege and work-product. Instruct you not 3 the first place? What was the purpose? 3 to answer. 4 A. This is going to get into attorney-client 4 BY MR CRITTON: 5 privileged information as to why she hired me which 5 Q. Your second, your next client was whom 6 would incorporate the things that she told me that 6 relating to Mr. Epstein or to the United States 7 related to my representation, therefore, I am invoking 7 Government? 8 the privilege and not answering. 8 A. I don't remember. 9 Q. With regard to E.W. you filed a case — 9 Q. You ultimately filed a case styled Jane 10 well, let me ask you this: Do you know how E.W came 10 Doe 1 and 2 were petitioners versus the United 11 to contact Mr. Howell? Did he ever relate that to 11 States of America in July of '08, correct? 12 you? 12 A. That's correct. 13 MR. SCAROLA: If it's in information that 13 Q. Okay. Who was Jane Doe 1? 14 you obtained from your client, I instruct you 14 A. E.W. 15 not to answer. If it's information that you 15 Q. Who was Jane Doe 2? 16 obtained from Mr. Howell, I also instruct you 16 A. L.M. 17 not to answer. Both instructions are on the 17 Q. At the time that suit was filed, were you 18 basis of attorney-client and work-product 18 representing Jane Doe-LM., I'm sorry, Jane Doe? 19 privileges. 19 A. I believe so, but Tin not sure. 20 THE WITNESS: Attorney-client and 20 Q. In terms of the work that you did for, 21 work-product privilege. 21 that you have done for all three of the individuals 22 BY MR. CFUTTON: 22 when you were a solo practitioner, did you keep 23 Q. Did you, did Mr. Howell -- and I don't 23 track of the time; that is, did you keep time 24 want to know the information, at least right now 24 records? 25 did Mr. Howell give you any information about E.W. 25 A. What's your question? Page 90 Page 92 1 prior to her coining to see you or your seeing her? 1 Q. During the time that you were a solo 2 A. Yes. 2 practitioner working on E.W, Jane Doe, whichever of 3 Q. Okay. And did E.W. for the first, on the 3 the three cases that you had, did you keep time 4 first occasion come to your office or did you talk 4 records? 5 to her by phone or did you go to her place? 5 A. Some. 6 A. First time I talked to E.W? 6 Q. Do you keep time records on contingency 7 Q. Yes, sir. 7 cases generally, or did you during that time period? 8 A. Was over the telephone. 8 A. It's my intent to. 9 Q. All right. And how long, how much time 9 Q. Okay. Same would be true with, when you 10 transpired before E.W. retained your services; that 10 were at RRA, did they have a time program? 11 is, how many conversations did you have with her 11 A. They did have a time program. 12 before she ultimately retained your services? 12 Q. Did you input your time that you spent on 13 A. One conversation over the telephone and then 13 the Epstein related cases? 14 the next meeting was in person at my office. That 14 A. That was a requirement of the fun 15 meeting culminated with her retaining my services. 15 Q. Okay. So, you would have been put down 16 Q. And the initial conversation you had with 16 whatever time you spent, whether it was a 17 her, what did she relate to you? 17 contingency fee case or an hourly case; is that 18 A. That's attorney-client privilege information 18 correct? 19 that I am not going to divulge. 19 A. For the most part; that's correct. 20 Q. During the time that you have been 20 Q. During the time that Mr. Howell has been 21 involved in this case on behalf of E.W, has 21 associated with the case, does he provide you with 22 Mr. Howell participated in the case; that is, has he 22 time records as to the work or the amount of work 23 done work on the case? 23 that he has done on the case? 24 A. Yes. 24 A. No. 25 14What kind of — what has he done? 25 ,.q. Okay. Does he keep hack of his time that 23 (Pages 89 to 92) PROSE COURT REPORTING AGENCY, INC. EFTA01089026 Page 93 Page 95 1 he has spent on each of the cases? 1 Q. Sure. I am okay with that. How often do 2 A. I do not ;mow. 2 you consult with Mr. Howell with regard to those 3 Q. Did you — has he prepared any pleadings 3 three cases prior to the time that you started with 4 or documents associated with the cases? 4 your current Fanner, Jaffe association? 5 MR. SCAROLA: You can answer that 5 A. It is an impossible question for the to answer 6 question. 6 accurately with a percentage that I have spoken with 7 THE WITNESS: Define prepared. 7 Mr. Howell about any particular document or anything. 8 BY MR. SCAROLA: 8 Q. As to pleadings, do you discuss, do you 9 Q. All right. Prepared, prepared, start, 9 send it to him for his review, editing, before you 10 first of all, started from scratch; that is, has he 10 file a pleading? 11 prepared any of the pleadings or papers that have 11 A. Typically no. 12 been filed in any of the three cases starting from 12 Q. How often do you consult or have you 13 scratch that he would have been — not because you 13 consulted with Mr. Howell during the time you were 14 said this but he started with the complaint and you 14 with RRA? 15 may have changed it, but he started the preparation 15 A. What type of an answer do you want in terms of 1.6 of the document? 16 how often have I? 17 A. Your question is has he started the 17 Q. Do you do it once a day? 18 preparation of a document now, right? 18 A. Have I ever? I have. 19 Q. Any document, any paper that's been filed 19 Q. Is it a pretty conuinni practice that when 20 in the cases or I would say passed back and forth 20 you're going to file or do something that you would 23. between lawyers in any of the three cases? 21 contact Mr. Howell? 22 A. Has he had edited revised, I mean what -- 22 A. Not at all. 23 Q. Right now I am just asking did he start 23 Q. So, do you — 24 the document such as a complaint or a similar type 24 A. Not at all common l mean. 25 document? 25 Q. So, during the course of the month, say Page 94 Page 96 1 A. That was filed in the case? 1 during the time that you were at RRA, how often 2 Q. Correct. 2 would you consult with Mr. Howell regarding the 3 A. No. 3 cases? And I recognize every day or every week 4 Q. Okay. Has he worked on documents, whether 4 might be different. Would you speak with him like 5 it's editing, adding, deleting from pleadings that 5 once a month, or two or three times a month, or 6 you, pleadings or papers that you have prepared? 6 generally once every couple of months? 7 A. Yes. Bob, can you hand me that water? 7 A. Depending on what was going on in the cases at 8 Q. Yes. 8 the time, at sometimes more than others. 9 A. Thanks. Appreciate it. 9 Q. How did L.M. come to be a client of yours? 10 Q. You're welcome. Has he continued, did he 10 A. She called me. 11 continued to be involved not only when you were a 11 Q. And how did she get your name? 12 solo practitioner but during the time that you were 12 MR. SCAROLA: To the extent that your 13 with RRA with regard to editing or working on the 13 response to that question would require that 14 cases? 14 you reveal either work-product or 15 A. To an extent. 15 attorney-client privileged information, I 16 Q. Okay. Do you, how often on the cases have 16 instruct you not to answer. 17 you consulted with Mr. Howell? By that I mean 17 THE WITNESS: I simply don't know. 18 before a decision is made as to how you want to do 18 BY MR. CRITTON: 19 discovery or proceed with the filing of the pleading 19 Q. Did Ms. L.M. hire you in the or — I'm 20 or how you're going to respond, does Mr. Howell, do 20 going to strike that. 21 you consult with Mr. Howell during the time you were 21 How many conversations did you have 22 both solo practicer and were at RRA? 22 with and/or meetings did you have with Ms. L.M. 23 A. Is your question asking for the answer to be 23 before you hired her, or before she hired you. I'm 24 in a percentage? How often do I consult? I am just not 24 sorry. 25 sure how to quantify. 25 A. I don't remember. ••• 24 (Pages 93 to 96) PROSE COURT REPORTING AGENCY, INC. EFTA01089027 Page 97 Page 99 1 Q. Did she ever come and meet you at your 1 information. 2 office? 2 BY MR. CRITTON: 3 A. From the beginning of time until today? 3 Q. When you met Ms. L.M. at the park was 4 Q. No. Back at the time prior to retaining 4 anyone else present? 5 your services. 5 A. Yes. 6 A. I don'ti Illtail . 6 Q. Who? 7 Q. Did you ever meet her at her residence or 7 A. I don't know. 8 place of work? Let me ask you this: Have you ever 8 Q. Male or female? 9 met her at her place of business or a place of 9 A. I presume both. It's a park. 10 business? 10 Q. No, no, no. In the meeting that you had 11 A. No. 11 with her -- my guess is there were probably a lot of 12 Q. Have you ever met her at her home, whether 12 people in the park? 13 it's an apartment or home, whatever? 13 A. Correct. 14 A. Now, you're asking from the beginning of time 14 Q. In the meeting that you had with Ms.L.M. 15 until now? 15 was anyone else present? 16 Q. No. Up until the time she hired you, did 16 A. For the conversations between myself and 17 you ever meet with her? 17 Ms. L.M., no. 18 A. Okay. 18 Q. When you first met with E.W. was anyone 19 Q. At her home or apartment. 19 present for the conversations between that you and 20 A. To the best of my recollection, no. 20 Ms. E.W.? 21 Q. Did you — did she sign, to the best of 21 A. No. 22 your recollection did she sign a fee agreement? 22 Q. I think you told me at the time that the 23 Well, let me strike that. There is a, there is a 23 complaint was filed or at the time that the Jane Doe 24 written fee agreement between L.M. and you and 24 land 2 sued the United States Government which was 25 then — 25 in early July, it was July 8th of '08, you don't Page 98 Page 100 1 A. Correct. 1 recall whether you were representing Jane Doe at 2 Q. — her originally? 2 that time? 3 A. Correct. 3 A. I believe I was but I do not recall for sure. 4 Q. Did you ever meet her prior to her signing 4 Q. At the time do you know whether, at the 5 that fee agreement? 5 time that you represented Jane Doe I, do you know 6 A. Yes. 6 whether her name, whether she was considered a 7 Q. And do you remember where that meeting 7 victim by the United States Attorney's Office? 8 took place? 8 A. Ask your question again. 9 A. Generally, yes. 9 Q. All right. At the time you began 10 Q. Okay. Where? 10 representing E.W. or at any time prior to the filing 11 A. A park. 11 of the lawsuit against the United States Government 12 Q. And what town? 12 in July of '08, did you learn whether she was listed 13 A. I don't know. 13 as a, or deemed to be a victim by the United States 14 Q. You don't know whether it was in Broward 14 Attorney's Office? 15 County or Palm Beach County? 15 MR. SCAROLA: If that is information that 16 A. I do know. 16 you obtained in the course of the performance 17 Q. Which county? 17 of your responsibilities in representation of 18 A. Palm Beach County. 18 any client, I would instruct you not to answer. 19 Q. Was that arranged by her to meet her 19 If that information was obtained 20 there? 20 through some public source independent of 21 A. Yes. 21 the work that you performed as counsel, 22 Q. And what, for what purpose did Ms. L.M. 22 then you may respond. 23 originally hire you? 23 THE WITNESS: I cannot respond. 24 MR. SCAROLA: I am going to object. That 24 BY MR CRITIGN: 25 calls for attome -client *vile 25 With re d to the uestion, I am not 25 (Pages 97 to 100) PROSE COURT REPORTING AGENCY, INC. EFTA01089028 Page 101 Page 103 1 interested in what you learned from E.W. All right. 1 litigation which is still pending today? 2 Did you learn from either any correspondence or a 2 MR. SCAROLA: And I assume that question 3 telephone call with any third party that whether 3 is qualified by inquiring as to whether such a 4 again prior to the — let me start again. 4 conversation occurred with regard to any of the 5 Prior to the filing of the lawsuit 5 three individuals who he is representing claims 6 against Jane Doe i and Jane Doe 2 against the United 6 against Mr. Epstein or the U.S. Attorney's 7 States Government, did you learn from any source, 7 Office, correct? e maybe a document, maybe a telephone call or a 8 MR. CRITTON: Say that again? 9 conversation that you had with a third party 9 MR. SCAROLA: Yes, sir. Are you asking 10 separate from your client, that E.W. was a victim or 10 whether such conversations occurred that were 11 was deemed to be a victim by the United States 13. relevant to his prosecution of the claims on 12 Government or the United States Attorney's Office? 12 behalf of his three clients? 13 MR. SCAROLA: Same objection and 13 MR. CRITTON: Sure. 14 instruction. 14 MR. SCAROLA: Then, then the instruction 15 BY MR. CRITTON: 15 remains the same. The objection remains the 16 Q. Same question with regard to L.M. Miller. 16 same. 17 MR. SCAROLA: Same objection and 17 BY MR. SCAROLA: 18 instruction. 18 Q. So, even if, do you — even if you talked 19 BY MR. CRIi'FON: 19 about it with Mrs. Villafana, even if your client 20 Q. And same question with regard to Jane Doe. 20 Mr. Edwards spoke with Mrs. Villafana about a 21 MR. SCAROLA: Same objection and 21 scheduling issue, it's your position that that is 22 instruction. 22 what, work-product? 23 BY MR. CRITTON: 23 MR. SCAROLA: That's correct. We are not 24 Q. Prior to your filing the lawsuit with 24 going to discuss anything that Mr. Edwards did 25 United States Government, did you ever any 25 in the course of the prosecution of his claims Page 102 Page 104 1 conversations with the United States Attorney's 1 on behalf of his clients. 2 Office — 2 MR. CRITTON: So, any question that I ask 3 MR. SCAROLA: I assume — 3 you with regard to conversations that 4 BY MR. CRflTON: 4 Mr. Edwards had with the U.S.A.O.'S office, 5 Q. — regarding, regarding, regarding the 5 whether it was Mrs. Villafana or anyone else 6 subject of the lawsuit or Jeffrey Epstein? 6 from the time, with regard to the Jane Doe 1 7 MR. SCAROLA: Same objection and 7 and Jane Doe 2 versus U.S.A. case, you would 8 instruction. 8 instruct Mr. Edwards not to answer those 9 MR. CRITTON: These are third parties; 9 questions? 10 where is the work product? 10 MR. SCAROLA: That is correct. 13. MR. SCAROLA: Work product has to do with 11 MR. CRITTON: So if I — 12 anything that was done in connection with the 12 MR. SCAROLA: Obviously pending — 13 representation of these three clients. If he 13 MR. CRITTON: — let me just finish. 14 had such conversations independent of his 14 MR. SCAROLA: Obviously pending, obviously 15 representation of those clients, then he can 15 pending some instructions or guidance from the 16 respond to the question. 16 court with regard to how the court will 17 BY MR. CRITTON: 17 interpret the work-product privilege in this 18 Q. Well, let me ask you a broader question. 18 context. I might also add that it is our 19 After you filed the lawsuit against the United 19 position that any such inquiry exerts a 20 States of America, were you aware that Marie 20 chilling effect upon the work that Mr. Edwards 21 Villafana or the United States Attorney's Office 21 continues to do on behalf of his three clients. 22 represented the USA, correct? 22 It is intended as a means to obtain 23 A. Yes. 23 discovery that would not otherwise be 24 Q. All right. Did you ever speak with Marie 24 available in those pending claims. It is 25 Villafana during, during the pendency of that 25 intended to annoy, harass, and embarrass 26 (Pages 101 to 104) PROSE COURT REPORTING AGENCY, INC. EFTA01089029 Page 105 Page 107 1 Mr. Epstein in a lawsuit that has 1 Q. All right. And have any, have you had any 2 absolutely no foundation whatsoever, and 2 discussions — well, let me strike that. What's the 3 was filed for purposes other than a 3 status of that case? 4 legitimate claim against Mr. Edwards based 4 A. It's still pending. 5 upon any good faith belief that he engaged 5 Q. Other than still pending is a, is there, 6 in any form of improper or tortious 6 are there any outstanding motions? 7 conduct and — 7 A. No. 8 MR. CRITTON: Done? 8 Q. I want to ask, to get back to one question 9 MR. SCAROLA: -- those inquires arc not 9 with regard to both the Qtask and with regard to the 10 reasonably calculated to lead to the discovery 10 Fortis system -- well, let me strike that. 11 of admissible and relevant evidence. So, for 11 With regard to the hard copies of the 12 all of those reasons, we object. 12 files that you had that is any paper files that you 13 MR. CRITTON: And let me just put on the 13 had associated with the Epstein files, where would 14 record very briefly so at least at this point 14 they have been kept at RRA? 15 in time this is all information that clearly is 15 A. Ina filing cabinet. 16 relevant to the complaint as it's alleged. 16 Q. And were the filing cabinets in your 17 I have received a, my client and I 17 office or were they out in the general hallways? 18 have both received a letter from you 18 A. They were filing cabinets in my office and in 19 asserting a motion for fees and costs and 19 other locations in the office. 20 certain sanctions under 57.105, by not 20 Q. Okay. With regard to the Epstein related 21 allowing us to ask what are clearly, I 21 matters, where did you keep those if they were — 22 believe, relevant material, basic 22 and by that that is the hard copies, did you keep 23 discoverable information are preventing 23 those solely in your office or would they have been 24 our ability to get all of the facts here 24 both in your office and in other places throughout 25 such that we can make a reasonable 25 RRA? Page 106 Page 108 1 decision as to whether or not the 57.105 1 A. There were times when they were in my office 2 motion and letter which you sent to me was 2 and there were times when they were kept in filing 3 filed in good faith or has any basis in 3 cabinets elsewhere on one of the RRA floors. I believe 4 it. We're unable then to, we'll be in 4 there were five or six floors of RRA 5 large part unable to evaluate our 5 Q. Okay. Was there a central storage, say if 6 position. 6 there were a number of files in this instance 7 MR. SCAROLA: And our position is that 7 relating to Mr. Epstein, could you send those to 8 those are decisions that should well have been 8 basically central storage and if you wanted someone 9 made, could have been made, and should have 9 could go down and pick them up and bring them up to 10 been made before you ever filed the claim. 10 you? 11 MR. CRITFON: All right. Are we done? 11 A. I don't know. 12 MR. SCAROLA: Yes. 12 Q. Well, if you wanted to access something 13 MR. CRITTON: All right. 13 that was in an Epstein file, and it wasn't in your 14 MR. SCAROLA: At least for now. 14 office, how did you access it; that is, a hard copy? 15 MR. CRFITON: I'm shocked. 15 A. You're speaking specifically about 16 BY MR. CRITTON: 16 Mr. Epstein's cases or hypothetically with any cases? 17 Q. With regard to, with regard to the claim 17 Q. No, Mr. Epstein's cases? 18 Jane Doe 1 and Jane Doe 2 that is currently 18 A. As I sit here right now, l can't say with 19 pending -- or let me strike that. Jane Doe 2 -- 19 absolute certainty that I ever had a piece of the hard 20 Jane Doe I and Jane Doe 2 against the U.S.A. that 20 copy file requested for it to be brought to me. 21 was filed in July of '08, that case is still 21 Q. Well, with regard to Mr. Epstein's files, 22 pending. 22 though, if they were in a location, would it be a 23 A. Okay. 23 correct statement that those were not, wasn't a 24 Q. Is that correct? 24 locked location or a secure location within the 25 A. That was a question, yes. 25 contents of within the confines of the fine? 015ASINSIC.47ana0. , 414.4 ,10µ 0.CAKK. 27 (Pages 105 to 108) PROSE COURT REPORTING AGENCY, INC. EFTA01089030 Page 109 Page 111 1 A. I don't know that that's a correct statement. 1 did they also have swipe cards so that they could 2 Q. You don't know one way or the other? 2 access different areas in the firm? 3 A. The law firm was constantly expanding and 3 A. i believe so. 4 constantly under construction. For the most part in the 4 Q. With regard to when you joined RRA, did 5 beginning the cases were kept in a, in a filing cabinet 5 you ever have any further meetings with 6 in my office and later were kept in a filing cabinet, I 6 Mr. Rothstein; that is, from the day you started at 7 believe, in a locked storage location in another area of 7 RRA, did you ever meet Mr. Rothstein again? 8 the office. 8 A. By meet him again -- 9 Q. And did any attorney have access to that 9 Q. Did you ever have a meeting with him again 10 storage area or do you know? 10 regarding your position in the firm? 11 A. I believe any attorney could have had access. 11 A. No. 12 Q. And if the attorney could have access, you 12 Q. Okay. Did you ever meet with him and a 13 wouldn't necessarily know about it, true? 13 number of other individuals with regards to firm 14 A. Correct. 14 business? 15 Q. In the trustee's filing that they nude in 15 A. No. 16 response to my motion to preserve evidence, they 16 Q. Firm cases? 17 indicated that 13 boxes relating to Jeffrey Epstein 17 A. I don't believe so. 18 had been removed by the FBI or the government when 18 Q. Was Mr. Rothstein ever present in any 19 they came into the RRA offices. Do you remember 19 meeting where any of your cases were discussed? Let 20 seeing that pleading? 20 me strike that. Was Mr. Rothstein ever present 21 A. No. 21. wherein at any meeting where any of the cases 22 Q. Okay. Are you, were there, in fact, 13 22 against Jeffrey Epstein were discussed? Don't tell 23 boxes of material or at least 13 banker's boxes of 23 me content; just was he ever present. 24 material that related to matters directed to, 24 A. How would ! know that? I don't know. He 25 whether, whatever the content related to Mr. Epstein 25 could, he could be in a meeting right now where the case Page 110 Page 112 1 that you were aware of; that is, hard copies? 1 could be discussed for all I know. 2 A. I don't know. 2 Q. I'm sorry. Obviously, where you, where 3 Q. Okay. Could have been more, could have 3 you were present. Where you ever present at a 4 been less; you just don't know? 4 meeting where Mr. Rothstein was also present where 5 A. Correct. 5 the Epstein cases were discussed? 6 Q. If f understood your testimony, 6 A. No. 7 Mr. Rothstein, Mr. Rosenfeldt, any other attorney or 7 Q. Did he ever call you to communicate with 8 investigator could have accessed those files you, call you either by phone, video conference, in 9 depending or where they were within the firm, true? 9 any fashion to discuss any act aspect of the cases 10 A. i am not sure exactly who could have accessed 10 that you had against Jeffrey Epstein? 11 it. You asked me if the attorneys could and the 11 MR. SCAROLA: You can answer that. 12 attorneys had swipe cards for various locked areas. 12 THE WITNESS: He has communicated about 13 Each attorney I believe had access to any area where 13 various, about legal issues related to the case 14 those files were located. I believe so. 14 as well as commented about the case to me on 15 Q. Okay. Well, during the time you were 15 very few occasions but i would say less than 16 there did an individual by the name of Ken Jenne 16 three times. 17 work there? 17 BY MR. CRITTON: 18 A. Yes. 18 Q. During the time that you, from April of 19 Q. Okay. Did an individual by the name of 19 '09 through late October of '09, correct? 20 Mike Fisten work for the firm - 20 A. In that time period, where, is that when 21 A. Yes. 21 these -- 22 Q. — for RRA? Were they employees of the 22 Q. Correct. 23 firm or were they independent contractors? 23 A. — things happened? 24 A. I don't know. 24 Q. Well, that's the time you were there; 25 Q. Okay. During the time they were there, 25 that's what I am asking. 28 (Pages 109 to 112) PROSE COURT REPORTING AGENCY, INC. EFTA01089031 Page 113 Page 115 1 A. When I was there. 1 that we have had an opportunity to consult and 2 Q. And do you, can you remember the date, any 2 I have advised Mr. Edwards that there is no 3 specific date that you spoke with him? 3 privilege protection for the particular 4 A. No. 4 communications involved. 5 Q. Do you remember any specific month that 5 BY MR. CR1TTON: 6 you would have had one of the -- well, what did you 6 Q. What did he say? 7 say something less than five conversations? I don't 7 A. He commented to me, I want you to get that 8 want to misquote you. 8 pedophile. 9 A. I said less than three conversations. 9 Q. And your response was what? 10 Q. All right. So, something less then three 10 A. I didn't respond. 11 conversations you had with Mr. Rothstein regarding 11 Q. All right. Second conversation that you 12 Epstein cases, either legal issue or a comment, some 12 can remember, where were you? 13 comment about the case to you, correct? 13 A. I had just come out of the conference room on 14 A. Yes. 14 the main floor after taking a deposition in another 15 Q. All right. The first time that he ever 15 case. And he walked by and said, did you get that Ping 16 spoke to you, did he call you or did you call him? 16 pedophile yet. 17 A. I. I never called Scott Rothstein about 17 Q. And your response? 18 anything. Oh, take that back. About anything related 18 A. Again. 19 to Jeffrey Epstein. 19 Q. No response. 20 Q. The first conversation that you can recall 20 A. Didn't respond. 21 where either a legal issue or a comment was made 21 Q. On the first occasion when he came over 22 about Jeffrey Epstein by Mr. Rothstein to you, he 22 and if I understand correctly, all he said was the 23 obviously initiated the call? 23 comment that you referenced and then he left. You 24 A. It wasn't a call. 24 didn't respond and then he just made the comment and 25 Q. What was it? 25 then left? Page 114 Page 116 1 A. A comment in passing. And I believe I was 1 A. Right He was walking by in his normal, loud, 2 sitting at a table in BOVA when he walked over to my 2 ostentatious kind of way, greeting everybody in the 3 table and commented about Jeffrey Epstein. 3 restaurant. Came over to my table and he feels, at 4 Q. Okay. Who were you there with at the 4 least my impression was obliged to say something to 5 time? 5 everyone. And that's the comment he said to me. 6 A. I don't remember. 6 And if you've ever seen him, he is 7 Q. Were you with some friends? Were you with 7 basically always just skipping around and he hoped 8 other lawyers? on over somewhere else. So, yes, it was in, 9 A. All right. I am jogging my memory. 1, I have 9 literally in passing 10 no idea. 10 Q. Okay. How, how, how did he even know you 11 Q. What did he say? 11 had cases involving Mr. Epstein? 12 MR. SCAROLA: To the extent that you can 12 A. I don't know. 13 answer that question without disclosing any 13 Q. Because I think you testified earlier that 14 mental impressions with regard to the lawsuit 14 you had never discussed an Epstein case with 15 or any attorney-client privileged 15 Mr. Rothstein one-on-one, correct? 16 communications, you can answer. 16 A. Absolutely, true. 17 To the extent that it might invade 17 Q. You never discussed an Epstein case or 18 either the work-product or attorney-client 18 either of your three clients with Mr. Rothstein even 19 privilege, you should not respond. 19 with a group of people around, correct? 20 THE WITNESS: Can I talk to you? 20 A. Correct. 21 MR. SCAROLA: Sure. 21 Q. All right. Do you remember a third 22 (A brief recess was held.) 22 occasion that he spoke to you regarding Epstein 23 MR. SCAROLA: Are we on? 23 related occasion, cases? 24 THE YIDEOGRAPHER: Yeah. 24 A. Anything else that he ever spoke with me about 25 MR. SCAROLA: The record should reflect 25 related to Epstein related issues is attorney-client and wraGi.m.t.•••••••••••••641, ..11,4 -44.4.3. 14.1.74.-faa‘stal 29 (Pages 113 to 116) PROSE COURT REPORTING AGENCY, INC. EFTA01089032 Page 117 Page 119 1 work-product privileged information that I am not going 1 A. Scott Rothstein's office. 2 to divulge. 2 Q. Had you been called up to meet with 3 Q. Okay. i am not —1need to still ask the 3 Mr. Rothstein? 4 last question though. 1thought you said earlier is 4 A. Yes. 5 that you never had any substantive conversations, Q. Okay. And who contacted you and told you 6 maybe I misunderstood, with Mr. Rothstein about the 6 that Mr. Rothstein wanted to see you? 7 Epstein cases. Did i misunderstand you? 7 A. His, his secretary or paralegal or something. 8 A. I don't believe that that was — I had 8 Q. And did you get a call saying Mr. 9 conversations at a point about legal issues related to 9 Rothstein would like to see you right now, or was it 10 Jeffrey Epstein and that's, that's it. 10 something that was scheduled? 11 Q. Was that a one conversation? Was that a 11 A. It was not scheduled. 12 number of conversations that you had where legal 12 Q. So, you got a call and somebody told you, 13 issues were discussed as to, separate and apart from 13 come up, Scott, Scott wants to see you. 14 the two comments he made about the case to you which 14 A. I don't remember exactly what was used, but it 15 you were, you waived any privilege, work-product or 15 was i believe, Russell is discussing a legal issue with 16 attorney-client privilege? 16 Scott Rothstein; come to his office. 17 A. I,1can't tell you. If you and I this 17 Q. Okay. Was the legal issue, did it involve 18 morning had a conversation and then we took a bathroom 18 one of the Epstein cases or the Epstein cases? 19 break, and we had the same continuing conversation, I 19 A. it, it was a legal issue related to -- yes. 20 don't know if that's one conversation or two. But I can 20 Q. Okay. How long, how much time did you 21 tell you the, the only time I remember Scott Rothstein 21 spend -- well, let me strike that. So, when you 22 participating in any way, shape, or form in any 22 went up to Mr. Rothstein's office, it's -- i 23 conversation related to anything substantive dealing 23 understand you had to go through some security to 24 with, and not dealing with any specific client but a 24 get in? 25 legal issue, was on a particular one-day event, one-day 25 A. You've seen the video? Page 118 Page 120 1 conversation, if you want to call it. 1 Q. I actually haven't. 2 Q. And that's at what time? At that time 2 A. Oh, really. Okay. Yeah, it's — 3 legal issues were discussed? 3 Q. in order to get into Mr. Rothstein's -- 4 MR. SCAROLA: Legal issue was the 4 A. It's like a compound. testimony, a particular legal issue. 5 Q. Kind of concern you that this guy running 6 MR. CRITTON: Correct. A legal issue. 6 the fifIllhad a compound? 7 BY MR. CRITTON: 7 A. I - at the time, no. In retrospect, okay, 8 Q. When did that occur, that is, this one-day 8 now that we all know how this whole thing unfolded, but 9 discussion or a day discussion occur regarding a 9 at the time, no. 10 specific legal issue? 10 Q. Had you ever worked in an office? And you A. I don't know. 11 had worked at some big offices. You worked at the 12 Q. Was he present, he Mr. Rothstein and you 12 State Attorneys office in Broward County? 13 present at the same time? 13 A. True. 14 A. Yes. 14 Q. You worked for, I think for Kubicki 15 Q. Okay. Was anyone else there with you? 15 Draper? 16 A. Yes. 16 A. Correct. 17 Q. Who else was present? 17 Q. Did Mr. Kubicki, Gene Kubicki ever have a 18 A. Russ Adler, someone was on the telephone. I'm 18 compound around his office that you had to go 19 not remembering who that was. i can't remember. I will 19 through any type of security either people and/or 20 tell you if I do remember. 20 locked doors or secured doors in order to access 21 Q. Was Bill Berger there? 21 him? 22 A. No. 22 A. No. 23 Q. And, you don't. So, there was you. Well, 23 Q. Had you ever worked other than die Broward 24 let me strike that. Where did the conversation take 24 County Sheriffs, at the Broward County State 25 place? 25 Attorneys Office with, and with Kubicki Draper, had 02/350•70egalaildlig,art • .4 - •••••••••..•,- 30 (Pages 117 to 120) PROSE COURT REPORTING AGENCY, INC. EFTA01089033 Page 121 Page 123 1 you ever worked fora large firm? 1 Q. How many security, different security 2 A. No. You just named all the places I have 2 levels did you have to go through in order to get, 3 worked. 3 to go have your meeting with Mr. Rothstein and 4 Q. Ali right. Is this the first time then 4 Mr. Adler? 5 that you had been to Mr. Rothstein office that he 5 A. Two. 6 called you up there? 6 Q. And to your recollection you don't 7 A. No. 7 remember ever seeing a security person? Q. You had been in his office before? 8 A. Right. 9 A. One time. 9 Q. Okay. Who was in the office? 10 Q. And what was that occasion? 10 A. Well - 11 A. I was having back surgery, and I went there to 11 Q. I'm sorry. 12 tell him l am having back surgery. As you know I had 12 A. I do not remember seeing a security person 13 back surgery, and I was telling bim I don't know how 13 manning the door or granting access to his office. I 14 long I'm going to be off because, you know, the recovery 14 saw security people every day in the office of RRA 15 time is different for everybody. 15 Q. All right. And when you got into the 16 Q. Is that the only thing you talked about, 16 office, Mr. Rothstein was there? 17 the back surgery? 17 A. Yes. 18 A. That's the only thing we talked about. 18 Q. Mx. Adler? 19 Q. Did the meeting you had with Scott, when 19 A. Yes. 20 you went up, when you were called up to his office 20 Q. That was someone on the telephone who you 21 that day, did that occur before your back surgery 21 don't recall? 22 episode or meeting or after? 22 A. Yes. 23 A. After. 23 Q. Okay. Was there anyone else present? 24 Q. So, you would, you had back surgery. I 24 A. Not that I remember. 25 think you were out two or three weeks and then you 25 Q. Okay. Was, were there any investigators, Page 122 Page 3.24 3. returned to the office, and then that meeting would 1 was Mr. Jenne or Mr. Fistea present? 2 have occurred? 2 A. No. 3 A. Yeah, that's correct 3 Q. So, it was, you, Rothstein, Adler, and 4 Q. When you, in order to get into the office 4 someone on the phone; that's it? 5 just as you have described it as a bunker, how many, A. From what I remember. 6 did you have to go through any security people to 6 Q. How long did the meeting last? 7 get into - 7 A. I don't know how long the meeting lasted. a MR. SCAROLA: No, I think the description a Q. Five minutes or was it a substantially 9 was a compound. 9 long meeting? 10 MR. CRITTON: I will use compound. Are 10 A. Do you want how long I was in the meeting, I 11 you more comfortable with compound or a bunker? 11 can give you an answer. How long the meeting lasted, I 12 I have seen it described both ways. !haven't 12 have no idea. 13 seen the video, but I have seen it described 13 Q. How long did the meeting last while you 14 both ways. 14 were present? 15 THE WITNESS: I will describe it for you. 15 A. Less than five minutes. 16 Well, first I will answer your question. 16 Q. Was the value of any of the three cases 17 Security people, I don't know if there was ever 17 discussed at all? 18 a time where one would have to go through 18 A. No. 19 security people to get to his office. But on 19 Q. Did Mr. Rothstein, did Mr. Rothstein 20 the day or two days that I have been in his 20 appear to be knowledgeable about your cases? 23. office, I did not encounter any security 23. A. No. 22 personnel. 22 Q. Mr. Adler, was Mr. Adler someone that you 23 BY MR. CRITTON: 23 had discussed the cases with on a somewhat regular 24 Q. Did you have to be buzzed into the office? 24 basis -- 25 A. it was more complicated than that. 25 MR. SCAROLA: Objection, compound. 31 (Pages 121 to 124) PROSE COURT REPORTING AGENCY, INC. EFTA01089034 Page 125 Page 127 1 BY MR. CRITTON: 1 issue. 2 Q. -- not content. Was Mr. Adler someone 2 If it was not an issue that was 3 that you had discussed these Epstein cases with 3 identified in the course of the 4 prior to that meeting? 4 proceedings to opposing counsel, I am 5 A. Yes. 5 going to object and instruct you not to 6 Q. Was he familiar with the cases, generally? 6 answer on the basis of the work-product 7 A. He attended Jeffrey Epstein's deposition, so 7 privilege. 8 he heard the questions asked and heard the Fifth 8 THE WITNESS: Work-product privilege. 9 Amendment invocation and so the adverse inferences and 9 BY MR. CRITTON: 10 was therefore informed - 10 Q. Do you know an individual by the name of 11 MR. CRITTON: Move to strike as 11 Fandry, F-a-n-d-r-y? 12 nonresponsive. 12 A. That name doesn't ring a bell right now. 13 BY MR. CRITTON: 13 Q. Do you know him to be -- does that name 14 Q. My question is was he familiar generally 14 mean anything with regard to, as an investigator, 15 with the subject matter of the litigation against 15 Fandry? 16 Mr. Epstein? 16 A. That's a male? 17 A. In that he read the newspaper articles about 17 Q. Pardon? 18 molesting a bunch of children, yes, he was familiar with 18 A. That's a first name or a last name? 19 the subject matter. 19 Q. Last name, Richard Fandry. 20 Q. And he read -- did you provide him with 20 A. I know an investigator named Rick that did 21 copies of the pleadings in these cases when they 21 work, was contracted out by RRA to do investigative 22 came to RRA? 22 work. I don't know his last name but -- 23 A. No. 23 Q. Did, did Rick ever do any work on any of 24 Q. What was the topic? What was the legal 24 the Epstein cases to your knowledge? 25 issue that you discussed -- well, let me strike 25 A. I believe so. Page 126 Page 128 1 that. Who raised the legal issue, did 1 Q. Do you know what the name of his business 2 Mr. Adler raise it or did Mr. Rothstein? 2 was? 3 A. I don't know. 3 A. No. 4 Q. Okay. Well, how did the, who started the, 4 Q. Is Rick still being employed at the 5 if you were there I think you said five minutes, who 5 current time by your firm to do investigation? 6 did the talking? 6 A. No. 7 A. When I came in the, in the office, it was in 7 Q. Is Mr. -- I asked you earlier if you knew 8 the middle of a discussion. 8 Ken Jenne and Michael Fisten and you said yes and 9 Q. Was a question posed to you? 9 you knew that they had an association with RRA; is 10 A. The question was on the table at least from my 10 that correct? 11 perspective coming into the room and was then directed 11 A. Yeah, that's correct. 12 at me, what's the answer to this particular legal issue. 12 Q. And do you know whether they were 13 Q. And what was the legal issue? 13 employees or whether they were independent 14 MR. SCAROLA: Let's talk for just a 14 contractors? 15 second. 15 A. You asked me that and I still have no idea. 16 THE VIDEOGRAPHER: Are we going off the 16 Q. Did they have offices within RRA,, 17 record? 17 Mr. Jenne and Mr. Fisten? 18 MR. SCAROLA: Actually, we don't even have 18 A. They, Mr. Jenne definitely had an office 19 to go off the record. Stay right here. 19 within RRA Mr. Fisten was normally in the field and I 20 If this was an issue that was 20 assume he had a place to go in RRA I don't know if you 21 identified during the course of the legal 21 call it an office. 22 proceedings to opposing counsel, then I am 22 Q. Did you ever go -- 23 going to allow you to you identify the 23 A. That's it. 24 issue without getting into any of the 24 Q. Did you ever go meet with him within RRA? 25 substance of the discussion regarding that 25 A. Yes. A2I 32 (Pages 125 to 128) PROSE COURT REPORTING AGENCY, INC. EFTA01089035 Page 129 Page 131 J. Q. Where did you go -- did you go to an 1 A. Yes. 2 office to meet him? 2 Q. Did he ever do any work, or did you ever 3 A. Well, I went to a particular area, a locked 3 direct him to do any work with regard to the Epstein 4 area that I could get in with my swipe card and there 4 cases? 5 was a, a room like this. Is this an office? 5 A. No. 6 Q. Sure. 6 Q. Did he know about the Epstein cases? 7 A. Okay. Then yes. 7 A. Yes. 8 Q. If you wanted to contact Mr. Fisten, did 8 Q. Okay. And how did he know? How did you 9 you, did you have a number; that is, an inside 9 'mow he knew? Well, let me strike that. I think 10 number? 10 you said you never directed him to do any work? 11 A. I don't know. 11 A. Right. 12 Q. Did Mr. Fisten do work on the Epstein 12 Q. Okay. And how do you 'mow he was 13 related cases? 13 knowledgeable about the Epstein cases? 14 A. Yes. 14 A. I talked to him about it before. 15 Q. Okay. What kind of work did he do? 15 Q. Did you discuss the facts and 16 A. Investigator. 16 circumstances of the cases with him? 17 Q. Meaning what? 17 A. Of L.M., E.W., and Jane Doe's specific 18 A. Meaning investigative work. 18 circumstances, no. In fact, I would say, I would 19 Q. Okay. Has Mr. Fisten continued to do — 19 highly, it's highly unlikely that he would even know 20 let me strike that. When RRA imploded in early or 20 their names. 21 in late '09, in October of '09, did Mr. Fisten come 21 Q. But you have discussed the Epstein cases 22 to work for your firm? 22 with him generically? 23 A. Yes. 23 A. Right. 24 Q. Farmer, Jaffe. Is he an employee of your 24 Q. And did he approach you about discussing 25 firm? 25 the Epstein cases or did you approach him? Page 130 Page 132 1 A. Correct. 1 A. lie would have approached me. I didn't know 2 Q. How about Mr. Jenne, is he currently 2 him. 3 employed by your firm? 3 Q. Do you recall why — let me strike that. 4 A. No. 4 Do you recall how long you were at the firm, RRA 5 Q. Do Mr. Jenne and Mr. Fisten, to your 5 before he approached you to talk about the Epstein 6 knowledge, have any association at the current time? 6 cases? 7 A. No. 7 A. My recollection is several months. 8 Q. Have, has Mr. Fisten continued to do work 8 Q. Okay. On how many occasions did he 9 on behalf of your firm; that is, investigative work 9 approach you to talk about the Epstein cases? 10 relating to Mr. Epstein? 10 A. I don't know. 11 A. What do you mean has he continued to? 11 More than once? 12 Q. Has he continued, has Mr. Fisten done, 12 A. Yes. 13 continued to do investigative work since he had been 13 More than twice? 14 with Farmer Jaffe relating to the Epstein cases? 14 A. Yes. 15 A. On, on many cases and Jeffrey Epstein's case 15 More than five times? 16 being one of them, yes, he's done some work. 16 A. Yes. 17 Q. Has he, has he as well -- well, let me 17 Q. More than ten times? 18 strike that. Has Ken Jenne done any work for any 18 A. Possibly. 19 outside agency, investigative agency or entity, done 19 Q. Okay. And with regard to Mr. Jenne did 20 investigation work relating to Jeffrey Epstein here 20 you ever give him, was he ever an invite person on 21 in the State of Florida? 21 your Qlask? 22 A. I don't, I don't know. I don't talk to him. 22 A. I do not believe so. 23 Q. Have you had any contact — well, let me 23 Q. Did, did you ever ask Mr. Jenne why he was 24 strike that. Did you ever have any contact with 24 interested in your Epstein cases? 25 Mr. Jenne during the time you were at RRA? 25 A. No. 33 (Pages 129 to 132) PROSE COURT REPORTING AGENCY, INC. EFTA01089036 Page 133 Page 135 1 Q. Okay. And on each occasion he approached 1 A. No. 2 you about talking about the Epstein cases? 2 Q. When Mr. Rush contacted you, do you know 3 A. On the first I occasion, definitely. I can't 3 why he contacted you; that is, what -- well, let me 4 say on every occasion that we had a conversation. 4 strike that. When he contacted you, did you take 5 Q. And if 1 understood you correctly, you 5 his call right away or was his a call that you had 6 never assigned Mr. Jenne any tasks, any task; is 6 to return? 7 that correct? 7 A. I don't remember. 8 A. That's correct. 8 Q. Do you remember speaking with a person 9 Q. Did you find it odd or strange that he 9 named John Canally? 10 would want to talk to you about your Epstein cases? 10 A. Yes. 11 A. No. 11 Q. Okay. What was Mr. Canallys association? 12 Q. Did you, did you -- Mr. Jenne reported to 12 A. I don't know. 13 whom as you understood? 13 Q. Do you bow who he was with at the time? 14 A. I didn't understand anything. 14 A. No. 15 Q. Do you know what his position with the 15 Q. What did your discussion with Mr. Canally; 16 firm was? 16 that is, what was Mr. Canally interested in and what 17 A. No idea. 17 did you tell him? 18 Q. Did he ever offer to help you with the 18 MR. SCAROLA: Objection, compound. 19 Epstein cases? 19 THE WITNESS: 1, I listened to him more 20 A. In some respect, I guess so. Generally, you 20 than told him anything. 21 know, I, l can help. This is basically a criminal 21 BY MR. CRITTON: 22 matter; I can help. You know, that kind of thing. I am 22 Q. Did you provide him any information? 23 not saying those are his exact words but paraphrasing 23 A. In the back and forth of the conversation, I, 24 the gist of it, that's what I remember. 24 you know, maybe general information that one could read 25 Q. Okay. Mr. Edwards, did you ever contact 25 from the newspapers I talked to him about. Page 134 Page 136 1 the media or the press when, that's located in New 1 Q. Did you speak with, other than -- on how 2 York City, the State of New York, about any of the 2 many occasions did you speak with Mr. Canally? 3 Epstein cases? 3 A. I don't know. 4 A. I may have returned telephone calls that were 4 Q. On how many occasion's have spoken with 5 initiated by press to me. 5 Mr. Rush? 6 Q. My, my question to you was, did you 6 A. I don't know. 7 initiate any telephone calls; that is, without 7 Q. More than once with Mr. Rush? 8 returning a call to the, to any member of the media 8 A. I would say so, yes. 9 or press in New York regarding the Epstein cases? 9 Q. More than five times with Mr. Rush? 10 A. Meaning the first conversation — 10 A. That's approximate, that's approximately 11 Q. Right. 11 correct. 12 A. between yeah. No, 1 did not. 12 Q. Okay. Mr. Canally, did you speak with him 13 Q. Who contacted you from New York with 13 on more than one occasion? 14 regard to any Epstein related matter? 14 A. Yes. 15 A. The press. 15 Q. On how many occasion's have you spoken 16 Q. Who? 16 with him? 17 A. I don't remember anybodys name. 17 A. I don't know. 18 Q. Give me anybody's name that you can 18 Q. Five, two, three, your best estimate? 19 recall. 19 A. More than five. 20 A. George Rush. 20 Q. When was the last time you spoke with 21 Q. What media, what did you understand his 21 Mr. Canally? 22 association? 22 A. 2009. 23 A. I believe New York Daily News. 23 Q. Have you had any contacts with the media 24 Q. Do you remember when Mr. Rush contacted 24 or the press during the year 2010, January, 25 You? 25 February, March, and we're almost, well, we're 34 (Pages 133 to 136) PROSE COURT REPORTING AGENCY, INC. EFTA01089037 Page 137 Page 139 1 almost at the end of March. In the last three 1 1believe, November. 2 months, starting in January 1st of 2010, have you 2 Q. And the first time that Mr. Rush called 3 had any contact with the press? 3 you, what was the subject? 4 A. Not that I recall. 4 A. Jeffrey Epstein. 5 Q. Has the press contacted you, but you have 5 Q. Okay. I assume you never talked with 6 not returned their calls? 6 Mr. Rush about any topic other than Mr. Epstein, 7 A. On hundreds and hundreds of occasions. 7 correct? 8 Q. Well, my question is since the beginning 8 A. That's a safe assumption. 9 of, since January 1st of 2010 has the press 9 Q. When he first contacted you, can you 10 attempted to contact you? 10 differentiate what he said on the first occasion 11 A. Yes. 11 versus a later occasion? 12 Q. And if I understand your testimony, you 12 A. I, I, no, in chronological order I can't right 13 have not returned any of those calls? 13 now. I haven't gone back and thought about this like 14 A. To the best ofmy recollection I, I do not 14 this before. 15 remember speaking with anybody from the press during 15 Q. Did you ever correspond with Mr. Rush or 16 this year, 2010. 16 Mr. Canally by e-mail? 17 Q. In 2010, do you have a recollection of 17 A. Mr. Rush, I believe that answer is no. With 18 having spoken with people but saying you can't quote 18 Mr. Canally, yes. 19 me, i.e., I have no comment or I will tell you off 19 Q. And so do you have copies of the e-mails 20 the record? 20 that you and Mr. Canally exchanged? 21 A. 1don't even remember having those 21 A. No. 22 conversations with anybody in 2010. If you know of 22 Q. Okay. Would they have been while you were 23 something and can refresh my recollection, I, you may be 23 at RRA, RRA? 24 able to remind me, but I don't think in 2010 I have had 24 A. Correct. 25 any of those conversations. 25 Q. With regard to Mr. Rush, if you did Page 138 Page 140 1 Q. The conversations you had with George 1 conanunicate with him by e-mail, would it be dining 2 Rush, when you returned his call, what did Mr. Rush 2 the time you were with RRA? 3 ask you? What was he inquiring about? 3 A. That's correct. 4 A. My response to Jeffrey Epstein's comments. 4 Q. Did you communicate with any other member 5 Q. Which comments? 5 of the press during the time, we'll come back to 6 A. A telephone conversation initiated by Jeffrey 6 Mr. Epstein. During the time when you were at RRA, 7 Epstein to George Rush related to the various cases and 7 did you communicate with anybody else by, by either, 8 claims against Mr. Epstein. 8 first of all, by e-mail? 9 Q. Did Mr. Rush call you — I'm sony, I will 9 A. What is your question again? I'm sorry. 10 improve it Ill understand correctly when Mr. Rush 10 Q. Okay. Did you other than Mr. Rush who 11 called you, that's the first time you knew who he 11 you're not sure you communicated by e-mail, 12 was? 12 Mr. Canally who you are sure you communicated by 13 A. I didn't bow who he was before he called me, 13 e-mail during the time you were at RRA, was there 14 correct. 14 any member of the press, TV, written news media, 15 Q. What did Mr. Rush tell you what Jeffrey 15 television that you communicated with -- 16 Epstein had said to him? 16 A. I'm sure. 17 A. And I'm not sure that that was the first 17 Q. — by e-mail? 18 conversation I had with, with George Rush. Like I said 18 A. lam sure there is. 19 I think I've talked to him three or four, five times. 19 Q. Okay. Do you remember any of their names 20 Q. Okay. Well, let me see if I can place, 20 other than Mr. Rush and Mr. Canally as you sit here 21 can you give me a point in time when you first spoke 21 today? 22 to Mr. Rush and when you last spoke with him the 22 A. Not as I sit here today, I do not. 23 approximately five times that you related? 23 Q. Did you ever communicate with Jose 24 A. Each of those times were in 2009 between, 24 Lambiet? 25 earliest possible, June, l think, yeah, latest possible, 25 A. I don't know who that is. 35 (Pages 137 to 140) PROSE COURT REPORTING AGENCY, INC. EFTA01089038 Page 141 Page 143 1 Q. He does a Page 2 or something with the, 1 BY MR. CRITTON: 2 Page I, Page 2 of the Palm Beach Post? 2 Q. Jane Doe, though, did give an interview, 3 A. No. I'm not, no. 3 correct - 4 Q. Okay. Have you ever spoken with Jane 4 A. That is correct 5 Muskrat (phonetic)? 5 Q. — on TV and they blocked out her face? 6 A. Again, I don't know who that is. 6 A. That is correct. 7 Q. Have you ever — did you ever give or 7 Q. Were you there, were you present when she 8 allow one of your clients to give an interview to 8 gave the interview? 9 one of the local TV stations? 9 A. Yes. 10 MR. SCAROLA: Objection, compound. 10 Q. Okay. Did you see the interview on TV? 11 THE WITNESS: One of my clients gave an 11 A. No. 12 interview to one of the local television 12 Q Did they give you a copy of the tape of 13 stations. 13 the interview? 14 BY MR. CIUTTON: 14 A. I believe a copy of the tape was sent to me. 15 Q. Which of your clients gave the interview? 15 Q. Okay. Do you still have that in your 16 A. Jane Doe. 16 possession? 17 Q. And did you organize that? 17 A. No. 18 A. !assisted. 18 Q. Who has it? 19 Q. Which, which TV station was it? 19 A. i believe it was destroyed. 20 A. I don't remember. 20 Q. Who destroyed it? 21 Q. Do you remember who the person was from 21 A. Nobody destroyed it. 22 the TV station that contacted you? Let me strike 22 Q. Okay. You said, I think you said you 23 that. How did it come about that Jane Doe gave an 23 believe it's destroyed. How did it come to be 24 interview to the TV Station? 24 destroyed? 25 A. Various television stations have been 25 A. It was sent to me and it was kept in my house Page 142 Page 144 1 interested over the course of these cases in having the 1 as I didn't believe it was any portion of the file and 2 clients talk. I was adamant that that was not going to 2 my house flooded and the tape was destroyed. 3 happen and Jane Doe wanted that to happen. 3 Q. And did you try to play the tape? 4 Q. How did Jane Doe even know that that 4 A. I have never watched the tape. 5 opportunity existed? If you didn't want it to 5 Q. You still have it. You just think it's 6 happen when the news, when the news people, when the 6 destroyed? 7 TV stations called you why didn't you just say my 7 A. No, I don't even have it. 8 clients are not available for interview? 8 Q. You threw it away? 9 A. What's your question? 9 A. it wasn't a matter of throwing anything away. 10 Q. The question is, is, with regard to the 10 My entire house was full with water, every square inch 11 T.V. station, you said multiple TV stations wanted 11 for 12 inches up the wall, and everything was just in 12 to do interviews with your clients. Did I 12 mud and got thrown in these huge bins and trashed so — 13 understand you correctly? 13 Q. All right. Have you ever spoken with 14 A. You did. 14 Michelle Daryan? 15 Q. And you said you didn't want any of your 15 A. Yes. 16 clients to do interviews, correct? 16 Q. On how many occasions have you spoken with 17 A. Right 17 her? 18 Q. Okay. So, why didn't you just say, no, I 18 A. Several. 19 am not making any of my clients available? 19 Q. Have you e-mailed, exchanged e-mails with 20 MR. SCAROLA: lam going to object to the 20 her? 21 extent that that calls for either mental 21 A. Yes. 22 impressions or attorney-client privileged 22 Q. During the time you, only during the time 23 communications and instruct you not to answer. 23 you were with RRA? 24 THE WITNESS: I'm not going to answer 24 A. I believe so. There, there could have been, 25 based on the privilege. 25 there could have been an e-mail. Oh I only think at RRA 36 (Pages 141 to 144) PROSE COURT REPORTING AGENCY, INC. EFTA01089039 Page 145 Page 147 1 I believe that's tight. 1 was something he was conveying to me. 2 Q. As a result of Jane Doe speaking with the 2 Q. Okay. Did he tell you that he had any 3 press, did she receive any compensation? 3 information that Mr. Epstein had been involved with 4 A. No. 4 any other individuals in any other states, females? 5 Q. Have any interviews been given separate 5 A. I don't remember. 6 and apart from the TV interview that Jane Doe gave? 6 Q. Did you tell him or did you disclose to 7 Did any of the other, did either of your other two 7 him that you were aware of Mr. Epstein having been, 8 clients, E.W. or LM., ever give an interview to, having assaulted underage females in other states? 9 written to, to the written media, not TV? 9 A. I don't remember. 10 A. No. 10 MR. CRITTON: Need to take — why don't 11 Q. With regard to, back to George Rush, you 11 we, why don't you change the tape now? 12 said that Mr. Rush, Mr. Rush contacted you. You 12 THE VIDEOGRAPHER: We're now off the video 13 recontacted him, correct? 13 record. It's 1:02 p.m. 14 A. That's correct. 14 (A luncheon recess was held.) 15 Q. Okay. And what was the subject matter? 15 • • • r 16 What was Mr. Rush interested in talking with you 16 17 about? 17 18 A. Jeffrey Epstein. 18 19 Q. Okay. And what, what specifically about 19 20 Mr. Epstein? How did he even know you existed, did 20 21 he say? 21 22 A. I don't know. Or, or if I knew, I don't 22 23 remember how he knew that. 23 24 Q. Okay. Did you, did you talk to him? 24 25 A. Yes, I did talk to him. 25 Page 146 1 Q. Approximately, how many, how long have 2 your conversations been? 3 A. Short. 4 Q. And with regard to George Rush, what, you 5 said he was interested in talking about Jeffrey 6 Epstein. What was he interested in? 7 A. I don't remember specifically the issue, but 8 it seemed to me that he came to me with an issue each 9 tint, something related to the case. 10 Q. Okay. The case being Mr. Epstein's case 11 or your three cases? 12 A. I think that it was typically in general 13 related to the various criminal acts committed by 14 Jeffrey Epstein against the large number of girls in 15 each of the states that Jeffrey Epstein has lived in. I 16 think that was like the gist of his communication to me. 17 Q. Well, did he? 18 A. Or why he was interested. 19 Q. Did he indicate to you that someone had 20 told him that, that certain acts had occurred in 21 other states or locations other than the State of 22 Florida? 23 A. I can't say with any degree of specificity 24 what was said, but that certainly is the impression that 25 I have right now thinking back So, I believe that that Ascartnwec. 37 (Pages 145 to 147) ( PROSE COURT REPORTING AGENCY, INC. EFTA01089040