EFTA02729757

r 1 1 IN THE CIRCUIT COURT OF THE ppp FIFTEENTH JUDICIAL CIRCUIT• 2 IN AND FOR PALM BEACH COUNTY, FLOR t IDA CRIMINAL DIVISION 3 4 STATE OF FLORIDA ) 5 ) VS ) CASE NO. 06 CF9454AMB 6 ) 08 9381CFAMB JEFFREY EPSTEIN ) 7 ) Defendant. ) 8 ) 9 PLEA CONFERENCE 10 11 PRESIDING: HONORABLE DEBORAH DALE PUCILLO 12 APPEARANCES: 13 ON BEHALF OP THE STATE: BARRY E. KRISCHER, ESQUIRE 14 State Attorney 401 North Dixie Highway 15 West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, ESQUIRE 16 Assistant State Attorney 17 ON BEHALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEIS 18 S,P.A. 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE 20 21 CERTIFIED COPY 22 23 June 30, 2008 24 Palm Beach County Courthouse West Palm Beach, Florida 33401 25 Beginning at 8:40 o'clock, a.m. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09/12/2019 Page 4029 Agency to Agency Requet: 19-011 CONFIDENTIAL SDNY_GM_00332047 EFTA_00204773 EFTA02729757 4 2 BE IT REMEMBERED that the following 2 proceedings were had in the above-entitled cause 3 before the HONORABLE DEBORAH DALE PUCILLO, one of I 4 the judges of the aforesaid court, at the Palm 5 Beach County Courthouse, located in the City of 6 west Palm Beach, State of Florida on June 20, 2008 7 beginning at 8:40 o'clock, a.m. with appearances 8 as hereinbefore noted, to wit: 9 THEREUPON: 10 MR. GOLDBERGER: Good morning, Judge, 11 Jack Goldberger on behalf of Jeffrey 12 Epstein. 13 THE COURT: Good morning. 14 MR. GOLDBERGER: Your Honor, we are 15 here for a plea conference. 16 THE COURT: Raise your right hand. 17 THEREUPON: 18 JEFFREY EPSTEIN, 19 after being called as a witness by the Defense and 20 after being first duly sworn by the Court, was 21 examined and testified as follows: 22 THE DEFENDANT: Yes, ma'am. 23 THE COURT: Is this one case or two? 24 MS. BELOHLAVEK: Two. 25 THE COURT: May I see the PC PHYLLIS A. DAMES, OFF CI COURT REPORTE4ency to Agency Requet: 19-011 09/12/2019 LA CONFIDENTIAL SDNY_GM_00332048 EFTA 00204774 EFTA02729758 A 1 affidavit in both cases, please? 2 MS. BELOHLAVEK: There are no PC 3 affidavits. There was originally an 4 Indictment, the second charge was filed 5 arising out of the booking. It was all 6 testimony presented to the grand jury. 7 THE COURT: Let me see the Indictment 8 then? 9 I have one Indictment, one 10 Information? 11 MS. BELOHLAVEK: Correct. 12 THE COURT: So one case is charged by 13 Indictment, one is charged by Information? to 14 MS. BELOHLAVEK: Correct. I; 15 THE COURT: In case 2006036744 you 16 are charged with procuring a person under 17 18 for prostitution, a second degree U 18 19 felony, maximum penalty of fifteen years Department of Corrections; minimum, some U 20 period of probation. No mandatory minimum 21 apply, is that correct, State? U 22 MS. BELOHLAVEK: Correct. 23 THE COURT: And in case number 06 24 9454CP, you are charged with felony 25 solicitation to prostitution, a third U 09112/2019 PHYLLIS A. DAMES, OFFAVW, COURT REPORTEARmywAgencyRequa19-01 U CONFIDENTIAL SDNY_GM_00332049 EFTA_00204775 EFTA02729759 4 1 degree felony, punishable by a maximum 2 penalty of five years in the Department of 3 Corrections, and a minimum, probation. No 4 mandatory minimums, correct? 5 MS. BELOHLAVEK: Correct. 6 THE COURT: The defendant has no 7 prior criminal record? 8 MS. BELOHLAVEK: Correct. 9 MR. GOLDBERGER: Yes, Your Honor. 10 THE COURT: You checked the NCIC as 11 well as State records? 12 MS. BELOHLAVEK: Yes. 13 THE COURT: And the guideline score 14 sheet I have before me shows 21.5 months in 15 the Department of Corrections as the lowest 16 permissible prison sentence in months. 17 Both sides agree to the preparation of the 18 guideline score sheet? 19 MR. GOLDBERGER: We eO agree, Your 20 Honor. 21 MS. BELOHLAVEK: Yes. 22 THE COURT: What is proposed -- it 23 goes on for pages. 24 MR. GOLDBERGER: Your Honor, much of 25 the documentation is acknowledgement by my PHYLLIS A. DAMES, OPPrraing t COURT REPORTERDency to Agency Requet: 19-411 09112/2019 CONFIDENTIAL SDNY_GM_D0332050 EFTA 00204776 EFTA02729760 4 5 1 client to community control, sex offender status. 3 THE COURT: I understand. 4 Okay. What is proposed -- those 5 are the maximums and minimums, Mr. Epstein. 6 What is proposed is that you will be 7 pleading guilty to felony solicitation to 8 prostitution and procuring a person under 9 18 for prosecution. A PSI would be waived, 10 you would be adjudicated guilty of both 11 felonies, is that correct? 12 MS. BELOHLAVEK: Correct. 13 THE COURT: And on 06 9454, the 14 defendant to be sentenced to 12-months in 15 the Palm Beach County -- detention 16 facility? He's going to do time in the 17 jail? 18 MS. BELOHLAVEK: Yes. 19 THE COURT: With credit for one day U 20 served. And on 08 9381, he is to be 21 sentenced to six months in the Palm Beach 22 County jail detention facility, with credit U 23 for one day served. And the six month 24 sentence is to be served consecutive to the U 25 12 month sentence? 11 09112/2019 PHYLLIS A. DAMES, OFpagIlAk COURT REPORT5gancywAgencyftwa19-O1 U CONFIDENTIAL SDNY_GM_00332051 EFTA_00204777 EFTA02729761 6 1 MS. BELOHLAVEK: Correct. 2 THE COURT: TSTIOVIng iE1- 517i—MonEEF 3 sentence, the defendant will be placed on 4 12-months of community control one. The 5 conditions of the community control are 6 attached hereto and incorporated herein. 7 As a special condition of 8 community control, he's to have no 9 unsupervised contact with minors and the 10 supervising adult must be approved -- and I 11 would say, pre-approved, approved ahead of 12 time, not after the fact by the Department 13 of Corrections. And you would mean by that 14 his community control officer? 15 MS. BELOHLAVEK: Correct. 16 THE COURT: The defendint is 17 designated as a sexual offender pursuant to 18 Florida Statute 943.0435. and must abide by 19 all the corresponding requirements of the U 20 statute, a copy of which Jai attached hereto 21 and incorporated herein. The defendant U 22 must provide a DNA sample in court at the U 23 time of this plea. Is this the -- and the 24 attachments are the terms and conditions of 25 community control. There are some PHYLLIS A. DAMES, OFTIgi COURT REPORTER MOVM19 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00332052 EFTA_00204778 EFTA02729762 7 I 1 squiggles on the bottom of the page, what 2 would those squiggles be? I 3 MR. GOLDBERGER: Thank you, Your 4 Honor, those are my client's signature 5 acknowledging that we have gone over all 6 the conditions. 7 THE COURT: One page after the plea 8 sheet that really spells out .the terms and ti 9 conditions of community control, Florida 10 Statute 948.101, Mr. Epstein, is that 11 squiggle at the bottom your squiggle? 12 THE DEFENDANT: Yes, ma'am. 13 THE. COURT: Would those be your 14 initials? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: Did you read all of that 17 page? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: Can you read? 20 THE DEFENDANT: Yes, ma'am. 21 THE COURT: How far did you go in 22 school? 23 THE DEFENDANT: High school. 24 THE COURT: That's your highest 25 degree? 09112+2019 PHYLLIS A. DAMES, OFTWab COURT REPORTS. mywAgencyRequmm9411 CONFIDENTIAL SDNY_GM_00332053 EFTA_00204779 EFTA02729763 8 1 THE DEFENDANT: Yes. 2 THE COURT: And is this your 1 3 signature on the plea sheet that recites 4 the terms of the plea I just read? 5 THE DEFENDANT: Yes, ma'am. 6 THE COURT: Did you read that 7 document as well? 8 THE DEFENDANT: Yes, ma'am. 9 THE COURT: You understand once you 10 do your 12 months followed by your six 11 months all in the Palm Beach County jail 1 12 you will then be put on community control 13 which involves having an electronic monitor l b 14 attached to you and -- E 15 MR. GOLDBERGER: Actually Your Honor, 16 the agreement of the parties is to, its Li 17 community control one which is not monitor. U 18 19 THE COURT: Oh, community control one, is that spelled out in here? U 20 MS. BELOHLAVEK: Yes. 21 MR. GOLDBERGER: Yes, it is, Your U 22 Honor. U 23 MS. BELOHLAVEK: He does not fall 24 under the Jessica Lunsford Act which i Ii • 25 requires the bracelet. r 09/12/2019 PHYLLIS A. DAMES, _ns...cyto Agency Baguet: 19-411 OFF, R4M4 COURT REPORTS U CONFIDENTIAL SDNY_GM_00332054 EFTA 00204780 EFTA02729764 4 9 1 THE COURT: Community control two. 2 MS. BELOHLAVEK: Correct. 3 THE COURT: Community control one 4 that would be no electronic monitor? 5 MR. GOLDBERGER: That is correct. 6 THE COURT: Now which of the terms 7 and conditions of community control one are 8 you incorporating? f• 9 MR. GOLDBERGER: I can go through 10 them with Your Honor. 11 THE COURT: None of the them appear 12 to be articulated in the plea sheet which 13 is why I'm asking. 14 MR. GOLDBERGER: These are the 15 standard conditions of community control by 16 statute would apply to anyone that goes on U 17 Community control and out of an abundance 18 of caution, we simply memorialized those 19 standard conditions in the plea sheet U 20 agreement. 21 THE COURT: The Court shall require 22 intensive supervision and surveillance for 23 an offender placed on community control 24 which may include but is not limited to 25 specified contact with the parole and 09/12/2019 PHYLLIS A. DAMES, OFKR.Taib COURT REPORISHemyt44wcyftwetm4411 CONFIDENTIAL SDNY_GM_00332055 EFTA 00204781 EFTA02729765 10 1 probation officer, specified by who? 7 - 15M5BrtnirlInrcEnrearri-er -by you, 3 Your Honor. 4 THE COURT: I don't see that in the 5 plea sheet. That's why I'm asking the I 6 questions. No one has specified how often, 7 how frequently he is to have contact with 6 his parole and probation officer. 9 Confinement to an agreed upon residence 10 during the hours away from employment and 11 public service activity, has that been 12 articulated? 13 MS. BELOHLAVEK: I believe b. 14 Judge McSorley has a standard order 11 15 somewhere on the bench up there regarding 16 this, I'm told by the prosecutor. 11 17 MS. LENHARDT: Judge, usually this is 11 19 the probation sheet she hands out to folks. THE COURT: I have seen those 1.1 20 sheets -- I have seen them incorporated in 21 plea agreements which is why I'm asking. U 22 MR. GOLDBBRGER: I see. 23 THE COURT: Is there some reason you 24 didn't use this particular document in this 25 case? 09112/2019 PHYLLIS A. DAMES, OFD 464 COURT REPORTEAwxywAgemyRequet19411 CONFIDENTIAL SDNY_GM_00332056 EFTA_00204782 EFTA02729766 11 MS. BELOHLAVEK: I didn't realize until Ms. Lenhardt just told me that Judge 3 McSorley has that. 4 MR. GOLDBERGER: We'd be happy to 5 execute that document, Your Honor. We were 6 -- we overreacted by just having him sign 7 off on all conditions of community control. 8 THE COURT: Well, this is -- 9 MR. GOLDBERGER: Perhaps the better 10 practice would be -- 11 THE COURT: This is, the reason. 12 Judge McSorley does this which makes 13 ultimate sense is we're going to be here 14 half the morning if we're going to decide 15 among ourselves now what the -- 16 1i 17 MR. GOLDBERGER: THE COURT: That makes sense. I'm not going to leave U 18 19 this just unspecified. MS. BELOHLAVEK: We can take care of U 20 that right now if you could give us a few 21 minutes. U 22 THE COURT: All right. U 23 24 These are the standard conditions that Judge McSorley normally uses. If you 25 like them, you need to circle the ones that 09112/2019 PHYLLIS A. DAMES, OFTicTligg COURT REPORTRIemywAgemysequet14411 U CONFIDENTIAL SDNY_GM_00332057 EFTA_00204783 EFTA02729767 12 1 apply and everyone must initial them. We • 2 will go over it. If you wish to change -- 3 you understand there is quite a bit of 4 latitude given the court in putting 5 somebody on community control. If you 6 agree to some change, let me know', but 7 understand at the outset that I'm a big fan 8 of specificity. I want to know what he 9 will be doing for employment. I want to 10 know exactly where he is going to be living 11 and I want it on the record now. It can 12 change but it can only change with 13 preapproval by DOC. I want it crystal 14 clear. I don't want the community control 15 officer who gets this case the day he walks 16 out the Palm Beach County to have any doubt 17 or confusion as to exactly what this 18 defendant is supposed to do, where he is 19 supposed to be when, exactly what I am 20 requesting that officer to supervise. 21 MS. BELOHLAVEK: U 22 THE COURT: Okay. Absolutely. U 23 MR. GOLDBERGER: We will work on it. 24 Thank you, Your Honor. 25 THE COURT: We will recall that case. 09/1V2019 PHYLLIS A. DAMES, OFFWA5COURT REPORTEAmywAgemotelmm8411 CONFIDENTIAL SDNY_GM_00332058 EFTA 00204784 EFTA02729768 13 1 (Brief recess.) r7—"c 2 MR.7anDBERGER: Your Honor, we are 3 back on Jeffrey Epstein, actually it ' 4 worked, we had an opportunity to go through 5 Judge McSorley's conditions of community 6 control and we asked the Department of 7 Corrections representative to assist us to 8 make sure we did everything properly. 9 They were very helpful and we executed the 10 document. 11 MS. BELOHLAVEK: Yes, and Your Honor, 12 this defendant doesn't fall under the sex 13 offender probation but we have included 14 special sex offender conditions as part of 15 the community control and they are all 16 circled there. [I 17. THE COURT: The plea agreement stated 18 the defendant is designated as a sexual 19 offender pursuant to Florida Statute 20 942.035. 21 MS. BELOHLAVEK: Correct. But the 22 sex offender probation, the statute is 23 different and only applies to certain 24 offenses and this one was not enumerated. 25 THE COURT: Okay. I want to make _) 09112/2019 PHYLLIS A. DAMES, OFF IAI4 COURT REPORTE4encyto Agency secwsm4411 CONFIDENTIAL SDNY_GM_00332059 EFTA_00204785 EFTA02729769 14 1 sure both I and the defendant are clear. 2 The sexual offender statute you are 3 referring to in the plea sheet is the one I 4 that requires registration? 5 MS. BELOHLAVEK: Correct. 6 MR. GOLDBERGER: Correct. 7 THE COURT: And we will talk about 8 that. 9 MR. GOLDBERGER: Okay. 10 THE COURT: But it is not the one 11 that requires the special conditions of sex 12 offender probation? 13 MS. BELOHLAVEK: Correct'. ') 14 THE COURT: Now, rather than 948, do 15 you want me to disregard 948? He's read 16 it? 17 MS. BELOHLAVEK: He's read it. 18 THE COURT: We will leave it in 19 there. But these conditions we are going 20 to go over right now are going to be viewed 21 in my mind, yes, and they have been signed 22 by the defendant and we will go over that 23 in a second as a part of the whole plea. 24 MS. BELOHLAVEK: Correct. 25 THE COURT: So circled are 09112+2019 PHYLLIS A. DAMES, OF4W4,4,TeCOURT REPORTEAsmyoAgercyRequmm4411 CONFIDENTIAL SDNY_GM_00332060 EFTA_00204786 EFTA02729770 15 1 conditions, A, you will remain confined to 2 your residence except one half hour befote I 3 and after your approved employment, 4 community service work or any other 5 activity approved by your probation 6 officer. 7 B, you will maintain an hourly 8 accounting of all your activities on a 9 daily log which you will submit to your 10 . supervising officer upon request. My understanding about the daily 12 log, maybe I'm just confused from other 13 cases I've heard, is the daily log is a 14 weekly log, I guess it is submitted ahead 15 of time, is that correct? 16 PROBATION. OFFICER: That is correct, 17 Your Honor. 18 THE COURT: So part A, where he has 19 to stay in his residence except for one 20 hour before and after the approved 21 employment, community service work and 22 other activity. All that's information 23 that will be recorded in writing and the 24 defendant will have a copy and he will know 25 exactly where he is supposed to be when. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09112/2019 I043 Agency to Agency Requet: 19-011 CONFIDENTIAL Pa SDNY_GM_00332061 EFTA 00204787 EFTA02729771 16 1 PROBATION OFFICER: That is correct, g \ 2 Your Honor. 1 • 3 THE COURT: As will his supervising 4 probation officer. And.then to document 5 that he's supposedly done all that he 6 himself will be keeping a daily log? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: And the log form will be 10 provided by the department and he will be 11 turning that in every time he meets with 12 the probation officer? 13 PROBATION OFFICER: That is correct, 14 Your Honor. 15 THE COURT: Okay. So that applies 16 and F applies. Does E apply? No. 17 MS. BELOHLAVEK: Did I circle E? 18 THE COURT: No. made one up, 19 the defendant will be residing at U 20 He 21 knows now that U 22 living when he is that's where he will released after his be 12 U 23 months and six months. 24 MR. GOLDBERGER: That is correct, U 25 Your Honor. uJ U NinV2019 PHYLLIS A. DAMES, OFFWaim COURT REPORTERwcywAgencyRequmm9411 CONFIDENTIAL SDNY_GM_00332062 EFTA_00204788 EFTA02729772 .• 17 1 • 1 THE COURT: That's a private 2 residence? 3 MR. GOLDBERGER: That is his home. 4 THE COURT: Does he own the residence? 6 MR. GOLDBERGER: He does, Your Honor. 7 THE COURT: Is there any possibility 1; 8 9 that he no longer owns the residence? MR. GOLDBERGER: Not anticipated, 11 10 Your Honor. 11 THE COURT: Okay. Should he not be [1 12 for whatever reason -- 18 -months is a long 13 time, should he not be owning that 14 residence or able to reside there, he will 15 have the obligation of notifying his 16 probation officer prior, and I emphasize 17 this, prior to his release from custody. I U 18 assume that the department will to his release? be notified U 19 20 prior to, PROBATION OFFICER: That is correct, U 21 22 Your Honor. THE COURT: And then you would need 23 to send someone to meet with him before he 24 walks out of the Palm Beach County jail and U 25 verify his address and employment 09112+2019 PHYLLIS A. DAMES, OBBINCAL COURT REPORTBAmywAgencypequmm9411 U CONFIDENTIAL SDNY_GM_00332063 EFTA 00204789 EFTA02729773 r.t 18 1 information? 2 PROBATION OFFICER: That is correct. 3 THE COURT: All address -- I assume 4 all of this• to and from work and any other 5 approved activities restricts him to Palm 6 Beach County, is that correct? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: So let's be clear, 10 everything, from the day he walks out 11 occurs in Palm Beach County, is that clear? 12 MR. GOLDBERGER: We understand, Your 13 Honor. That's correct. 14 THE COURT: Then the additional 15 condition of his probation, they are not 16 sex offender standard conditions, they are 17 just conditions that are being imposed 18 especially in this case? 19 MS. BELOHLAVEK: Correct. 20 THE COURT: They are as follows, you 21 shall submit to a mandatory curfew from 10 22 p.m. to 6:00 a.m. regardless of any other 23 restrictions regarding work or approved 24 activity, there will be no exceptions to G. 25 being at home in house from 10 p.m. to 6 09112/2019 PHYLLIS A. DAMES, onnaza4 COURT REPORTIRemywAgemy8wwifim0411 LA CONFIDENTIAL SDNY_GM_00332064 EFTA 00204790 EFTA02729774 19 1 a.m., is that correct? 2 MS. BELOHLAVER: Yes. 3 THE COURT: If the victim was under 4 age of 18 years which I gather is the case I because it's circled, you shall not live 6 within 1000 feet of a school, day care 7 center, park, playground or other place a where children regularly congregate. 9 Has someone verified that 10 is such a place? 11 MS. BELOHLAVER: No, but that will be 12 done prior to his release. 13 THE COURT: So will not C) 14 be approved if it should happen to be one 15 thousand feet from a school, day care 16 center, park, playground or other place 17 this is rather open. 18 MR. GOLDBERGER: Where children U 19 gather. U 20 THE COURT: Where children regularly 21 congregate. 22 MS. BELOHLAVER: Right. THE COURT: The Court knows U 23 24 is a residential neighborhood, ) 25 are there areas there where children U PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 0911212019 Paet047 Agency to Agency Requet: 19-411 U CONFIDENTIAL SDNY_GM_00332065 EFTA 0020479I EFTA02729775 20 1 regularly congregate? 2 MS. BELOHLAVEK: I personally do not 3 know. 4 THE COURT: Neither do I, which is 5 why I'm asking. Has that been 6 investigated? 7 MR. GOLDBERGER: We have done our due 8 diligence, for what it's worth, there is a 9 residential street. There are not children 10 congregating on that street. We think the 11 address applies, if it doesn't, we fully 12 recognize that he can't live there. 13 THE COURT: Okay. D is, you shall 14 not have any contact with the victim, are 15 there more than one victim? 16 MS. BELOHLAVEK: There's several. 17 THE COURT: Several, all of the 18 victims. So this should be plural. I'm 19 making that plural. You are not to have 20 any contact direct or indirect, and in this 21 day and age I find it necessary to go over 22 exactly what we mean by indirect. By 23 indirect, we mean no text messages, no 24 e-mail, no Face Book, no My Space, no MJ 25 telephone calls, no voice mails, no U 09/12/2019 PHYLLIS A. DAMES, OFRWN6 COURT REPORT44,mywAgemy Rwet19.M1 U CONFIDENTIAL SDNY_GM_00332066 EFTA_00204792 EFTA02729776 21 1 messages through carrier pigeon, no yen throwgh—th±rd—par , no—hey 3 would you tell so and so for me, no having 4 a friend, acquaintance or stranger approach any of these victims with a message of any 6 sort from you, is that clear? 7 THE DEFENDANT: Yes, ma'am 8 THE COURT: And then it states, 11 9 unless approved by the victim, the fl 10 11 therapist and the sentencing court. THE DEFENDANT: I understand. Okay. 11 12 THE COURT: And the sentencing court. 13 So, if there is a desire which, I would 14 think would be a bit strange. to have 15 contact with any of the victims the court 16 must approve it. 17 MS. BELOHLAVEK: Correct. 18 THE COURT: If the victim was under 19 the age of 18, which was the case, you 20 shall not until you have successfully 21 attended and completed the sex offender 11 22 program. So, is this sex offender program 11 23 becoming a condition of probation? 24 MS. BELOHLAVEK: That is not. I 25 don't believe I circled that one. PHYLLIS A. DAMES, OFF_ICIA.L COURT REPORTE4 ency to Agency Requet: 19-411 09112/2019 Page 4049 U CONFIDENTIAL SDNY_GM_00332067 EFTA_00204793 EFTA02729777 22 3. THE COURT: You did. 2 MKT—GOLDBERGER: That- s a mil-Cake on 3 our part. Actually the statute that he im 4 pleading guilty to does not require the -- 5 THE COURT: I understand that, but 6 you circled it. 7 MS. BELOHLAVEK: I apologize, that 8 one is not. He has already been in 9 treatment with a private psychiatrist. 10 THE COURT: Which you find to be an 13. adequate substitute for sex offender 12 program? 13 MS. BELOHLAVEK: I -- it is not 14 required and based upon the evaluation and 15 my contact with that doctor, I don't 16 believe it's necessary at this point. 3.7 THE COURT: Has that been -- I assume 18 you have a law degree and do not have a 19 Ph.D in a psychology or MD in psychiatry? U 20 MS. BELOHLAVEK: That is correct, I 21 don't. 22 THE COURT: So it is just your U 23 judgement 24 MS. BELOHLAVEK: Correct. 25 THE COURT: -- that his treatment U PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09/12/2019 Page 4050 Agency to Agency Reguet: 19-411 U CONFIDENTIAL SDNY_GM_00332068 EFTA 00204794 EFTA02729778 23 1 with some fancy private psychiatrist or —2- psychotogist—in—h*s—ease-4.0—okey-7 3 MS. BBLOHLAVER: That is correct. 4 THB COURT: So you are not imposing 5 E7 6 MS. BELOHLAVEK: Correct. 7 THE COURT: P, if the victim was 8 under the age of 18, you shall not work or 9 play or as a volunteer in any school, day 10 care center, park, play ground or other 11 place where children regularly congregate, 12 is that understood? 13 THE DEFENDANT: Yes, ma'am. 14 THE COURT: Children will be defined IS as anyone under the age of 18. There are a 16 lot of places where children regularly 17 congregate. What kind of work do you do? 18 THE DEFENDANT: Banking. 19 THE COURT: Here in Palm Beach 20 County? 21 THE DEFENDANT: Virgin Islands, 22 ma'am. 23 THE COURT: You understand you will 24 not travel from Palm Beach County for the 25 duration of this? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09112/2019 Page 4051 Agency to Agency Requet: 19-411 U CONFIDENTIAL SDNY_GM_00332069 EFTA_00204795 EFTA02729779 24 3. THE DEFENDANT: Yes, ma'am. 3 sorry to interrupt, we do cover the 4 employment later in the agreement as to 5 what he is going to be doing during the one 6 year that he is on community control. 7 THE COURT: Okay. And let me -- 8 condition G, which is circled, unless 9 otherwise indicated in the treatment plan 10 provided by sexual offender treatment 11 program. 12 MR. GOLDBERGER: That's not in there. 13 THE COURT: Is that what you want? 14 MS. BELOHLAVEK: No. 15 THE COURT: But you do want the, you 16 will not view, own or possess any obscene 17 pornographic -- 18 MS. BELOHLAVEK: Correct. 19 THE COURT: Okay. But are you saying 20 that this therapist can okay him to own 21 certain pornographic material? 22 MS. BELOHLAVEK: No, not at all. 23 MR. GOLDBERGER: No, Your Honor. 24 THE COURT: Would be really helpful 25 if people read these things before they PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09112/2019 Page 4052 ' Agency to Agency Reguet: 19-411 CONFIDENTIAL SDNY_GM_00332070 EFTA )0204796 EFTA02729780 25 1 signed them thoroughly. I tars athexwtse iTsdicatel 3 treatment plan. I'm just going to strike 4 out, provided by the sexual offender treatment program. Is that what you 6 intend, that his therapist can -- 7 MS. BELOHLAVER: No. 8 THE COURT: No? 9 MS. BELOHLAVEK: No. 10 THE COURT: Unless otherwise 11 indicated. 12 MR. GOLDBERGER: The parties have 13 agreed that during the period that he is It 14 Cannot be -- 15 THE COURT: Condition G will now 16 read, you shall not view, own, possess any 17 obscene, pornographic or sexually 18 stimulating visual or auditory material 19 including telephonic, electronic media,. 20 computer program or computer services that 21 are relevant to your deviant behavior 22 pattern. And who is going to enforce that? U 23 MS. BELOHLAVEK: The community 24 control officer. 25 THE COURT: How? b U PHYLLIS A. DAMES, OFFAWMis COURT REPORTEAtomy to Agency 09112/2019 Requet: 1" 11 U CONFIDENTIAL SDNY_GM_00332071 EFTA_00204797 EFTA02729781 26 1 MS. BELOHLAVEK: They have the 2 obligation and included in there tor 3 warrantless search to check at any time his I 4 home, his computer, anything he has contact 5 with. 6 THE COURT: And do they regularly do 7 that? 8 PROBATION OFFICER: Yes, ma'am. 9 THE COURT: Since we have the 10 pleasure of having someone from the 11 Department of Corrections here. 12 Okay. H, you shall submit two 13 specimens of blood to the Florida 14 Department of Law Enforcement to be 15 registered in the DNA data bank. 16 J, you shall submit to a 17 warrantless search by your probation 18 officer or community control officer of 19 your person, residence or vehicle. 20 G -- where is the G? 21 MS. BELOHLAVEK: That was under the 22 original part, not under the sex offender 23 one. 24 THE COURT: Okay. Defendant to have 25 contact with the community control officer 09/12/2019 PHYLLIS A. DAMES, OFIgpig.4 COURT REPORTERgency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00332072 EFTA_00204798 EFTA02729782 27 1 at a minimum one time a week. 2 De-Leadant—to. work AF 3 Science Foundation, 250 Australian Avenue, 4 West Palm Beach, Florida. Is that 5 volunteer work or work for pay? 6 MR. GOLDBERGER: It is a SO1C 7 corporation that he has formed, Your Honor, 8 that will be doing charitable work. 9 THE COURT: That he has formed? 10 MR. GOLDBERGER: Yes. 11 THE COURT: What exactly is Florida 12 Science Foundation? 13 MR. GOLDBERGER: Do you want to 14 explain? 15 THE DEFENDANT: It funds science 16 pkograms around the state and the country. 17 THE COURT: How long has it been in 18 existence? 19 THE DEFENDANT: Fifteen years. 20 THE COURT: How many programs has it 21 funded? 22 THE DEFENDANT: Numerous, more than 23 50. 24 THE COURT: What is your position 25 with the organization? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09112/2019 Page 4055 Agency to Agency Raquel: 19-411 CONFIDENTIAL SDNY_GM_00332073 EFTA 00204799 EFTA02729783 28 1 THE DEFENDANT: President. 7 ) —2 'PRE—COURI/ 1 4 Is—tbete—e—board—e-f--- directors? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: Whoa on the board of 6 directors? 7 THE DEFENDANT: Two attorneys. 8 THE COURT: What exactly do you do? 9 THE DEFENDANT: /'m an investment 10 banker but my -- 11 THE COURT: No, no, I mean with the 12 science foundation. 13 THE DEFENDANT: We fund rf. 14 science programs 15 THE COURT: I don't want to know what 11 16 we do, I want to know what you do. How Li 17 often are you there? 18 THE DEFENDANT: I'm there every day, U 19 I research, I take in people who want to U 20 make presentations about why they need 21 money for funding medical research, U 22 advanced science research. My background U 23 is in physics. I go through all the 24 programs in detail, review the science work ) 25 potentials, I follow through on a daily U PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09112/2019 Page 4056 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00332074 EFTA 00204800 EFTA02729784 • 29 1 basis with what they have been given money 2 3 THE COURT: Who are some recent 4 grantees? 5 THE DEFENDANT: Harvard University. 6 There is a full program of Evolutionary 7 Dynamics, Neuro Science Institute of 8 California, the Physics Institute, MIT. 9 TH8 COURT: Do you ever have occasion 10 to deal with anyone under the age of 11 eighteen? 12 THE DEFENDANT: Not very often. It 13 is, if someone is in college -- sorry. 14 THE COURT: Right, that's why I'm 15 asking the question. 16 THE DEFENDANT: Most of the people I 17 fund are all usually professors. 18 THE COURT: Thank you. You 19 understand that you can't have contact with 20 anyone if -- this organization, do they 21 ever have any involvement with high 22 schools? 23 THE DEFENDANT: No, ma'am. 24 THE COURT: Students or teachers? 25 THE DEFENDANT: No, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09112/2019 Page 4057 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00332075 EFTA_0020480I EFTA02729785 30 1 THE COURT: Okay. 2 MS. BELOHLAVEK.: Those are 3 duplicates, you will see those are the same 4 as the ones on the previous page, however, 5 it was reproduced. 6 THE COURT: The next condition, you 7 shall maintain, a driving log. You shall 8 not drive a motor vehicle while alone 9 without prior approval of your supervising 10 officer. 11 If there was sexual contact, you 12 shall submit to at probationer's or 13 community controllee's expense an HIV test 14 with results to be released to the victims, 15 victim's parent or guardian -- will be 16 victims, plural. Has that been done? 17 MR. GOLDBERGER: Not yet. 18 THE COURT: Do we have a time frame 19 on that? I would think ASAP might be good 20 on something like that. 21 MS. BELOHLAVEK: I believe they can 22 actually do that at the jail. 23 THE COURT: At his expense? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: I would request that that PHYLLIS A. DAMES, Orggibk COURT REPORTER 09/12/2019 Agency to Agency Requet: 19411 CONFIDENTIAL SDNY_GM_00332076 EFTA 00204802 EFTA02729786 31 1 be done within 48 hours? 2 You shall not obtain or use a post 3 office box without prior approval of the 4 supervising officer. 5 Okay. Are all those conditions 6 you two have agreed to? 7 MS. BELOHLAVEK: Yes, Your Honor. 8 MR. GOLDBERGER: With the court's 9 amendments, yes. 10 THE COURT: Mr. Epstein, do you 11 understand? 11 12 THE DEFENDANT: Yes, ma'am. 13 THE COURT: I need the defendant to 14 sign number D where I had an s added to 15 victim, and G, we struck out the otherwise 16 indicated language. Otherwise, it is as U 17 . you agreed. 18 Mr. Epstein, do you understand 19 this is a somewhat complicated terms of the U 20 plea that you've agreed to? 21 THE DEFENDANT: Yes, ma'am 22 THE COURT: Do you have any questions 23 about the terms of the plea? 24 THE DEFENDANT: No. 25 THE COURT: Can I ask the State why 09112+2019 PHYLLIS A. DAMES, op:4;pm,, COURT REPORTE4emywAgemyftwatm4411 CONFIDENTIAL SDNY_GM_00332077 EFTA 00204803 EFTA02729787 32 1 you choose -- or defense and the State 2 toget vhy twelve montifirrehe palm ) 3 Beach County jail followed by six months? 4 Why not just send him to DOC? 5 MR. GOLDBERGER: It was the agreement 6 of the parties, Your Honor. We just 7 decided that was the best way to accomplish 8 what needed to be done here and the parties 9 agreed that that sentence satisfied 10 everyone's requirements. 11 THE COURT: The taxpayers of Palm 12 Beach County is going to pay 18 months to 13 house this guy instead of DOC? 14 MS. BELOHLAVEK: Right. 15 THE COURT: You understand we're 16 losing positions left and right in county 17 government because we haven't got enough 18 money but you want -- okay. 19 His requirement to register there 20 is many, many -- there is nine pages 21 outlining the sexual offender's requirement 22 to register with the department and 23 penalty, have you read all those, 24 Mr. Epstein? 25 THE DEFENDANT: Yes, ma'am. 09/12/2019 PHYLLIS A. DAMES, OF?4g148€18 COURT REPORTS ency to Agency Requet: 19-011 CONFIDENTIAL SDNY_GM_00332078 EFTA 00204804 EFTA02729788 33 1 THE COURT: Do you understand you 2 will -S - require o reg ster an 3 be an ongoing life long obligation? 4 THE DEFENDANT: Yes, ma'am. THE COURT: And this registration 6 occurs when? 7 MS. BELOHLAVEK: Within 48-hours of 8 release. THE COURT: So when he gets out of 10 the Palm Beach County jail, he needs to 11 register? Okay. And the department -- who 12 is going to provide him with the form? 13 MR. GOLDBERGER: He actually 14 registers out at the Sheriff's Office, Your 15 Honor, we can do it out there. 16 THE COURT: Okay. It has been 17 brought to my attention that FDLE is the 18 one who is statutorily required to handle 19 these registrations but some of our 20 municipal jurisdictions have taken it upon 21 themselves to impose additional 22 requirements, y'all understand that? 23 MS. BELOHLAVEK: Correct. 24 MR. GOLDBERGER: Right. 25 THE COURT: What you are telling him PHYLLIS A. DAMES, OFTla :a COURT RBNgig, n to Agency Requet: 19_411 09/12/2019 CONFIDENTIAL SDNY_GM_00332079 EFTA 00204805 EFTA02729789 .9 34 1 he has to do is the official State of Florida reg st c on? MS. BELONLAVEK: Correct. 4 THE COURT: Mr. Epstein, I need to 5 make sure you understand that that's what's 6 required by this plea. Anyone on 7 probation, community control is required to a live and abide by the laws. So if a 9 jurisdiction you choose to reside in should 10 have some additional municipal requirements 13. you will be required in order to comply 12 with the law of living there, just like you 13 can't gat a parking ticket or speeding 14 ticket, to comply with those regulations 16 but I want to make sure you understand 16 because I have seen some defendants who 17 have been confused about this. If you 18 don't, for example, if the Town of Palm 19 Beach has you register that does not take 20 care of your requirement. Your requirement 21 to register with FDLE through the Sheriff's 22 office is separate, distinct and must be 23 done on their form according to their 24 schedule. 25 THE DEFENDANT: Yes, ma'am. 0911212019 . PHYLLIS A. DAMES, oFgaicap COURT REPORTAgmy wAgency Rwa19411 CONFIDENTIAL SDNY_GM_00332080 EFTA 00204806 EFTA02729790 35 1 THE COURT: And if my experience the 2 ritrit—lew MOn ns ilf-751 any valcer- Ehey are 3 very serious about enforcing this. They 4 will be tracking you for the rest of your 5 life. Do not move. Do not go -- I don't 6 care when you are done with community 7 control, they need to know exactly where 8 you are and if you go anywhere without 9 registering, they will find and you will be 10 locked up. 11 THE DEFENDANT: Yes, ma'am. 1. 12 THE COURT: Okay. Any questions 13 about that? Ito 14 THE DEFENDANT: No, ma'am. 15 THE COURT: Did you read the plea in 16 the circuit court form that describes all 17 the rights you are giving up by entering 18 this plea? 19 THE DEFENDANT: Yes, ma'am. 20 THE COURT: I'think I asked you 21 before, can you read? 22 THE DEFENDANT: Yes. 23 THE COURT: Are you under the 24 influence of alcohol, drugs.or medication 25 today? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09112/2019 Page 4063 Agency to Agency Requet: 19-411 U CONFIDENTIAL SDNY_GM_00332081 EFTA 00204807 EFTA02729791 36 1 THE DEFENDANT: No, ma'am. THE—COURTI— Nurna117—tating any 3 prescribed medication? 4 THE DEFENDANT: Only for cholesterol. 5 THE COURT: Does that interfere with 6 your mental ability? 7 THE DEFENDANT: No. 8 THE COURT: Do you understand you 9 have an attorney, you have a right to trial 10 by jury, there is not going to be a jury 11 trial. There won't be witnesses called. 12 That your attorney and you would have a 13 right to confront and cross examine, do you 14 understand you have a right to call 1 15 witnesses of your own and the court would 16 issue subpoenas to compel their attendance 17 just like any other witness called by the 18 State, that you have the right. -- absolute 19 right to remain silent and that you would U 20 not have to say or do anything at the trial 21 if there were a trial, do you understand 22 those rights? 23 THE DEFENDANT: Yes, ma'am. 24 THE COURT: Do you understand if you 25 are not a United States citizen your plea U PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09/12/2019 Page 4064 Agency to Agency Reguet: 19-411 CONFIDENTIAL SDNY_GM_00332082 EFTA 00204808 EFTA02729792 37 1 could subject you to deportation pursuant 2 to the laws and regulTriT0Wh• ilTrr 3 United States Immigration and 4 Naturalization Service and this court has 5 no jurisdiction or authority in such 6 matters, do you understand that? 7 THE DEFENDANT: Yes. 8 THE COURT: Has anybody threatened 9 you, coerced you or promised you anything 10 other than the terms of this plea to get 11 you to enter this plea? f1 12 THE DEFENDANT: No. 13 THE COURT: Do you understand this is 14 a plea in criminal court? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: This has -- in criminal [1 17 court in Palm Beach County, State of 18 Florida. I have absolutely nothing to do 19 with any civil matters or matters in any 20 other jurisdiction, do you understand that? 21 THE DEFENDANT: Yes, ma'am. 22 THE COURT: Is this plea in any way 23 tied to any promises or representations by 24 any civil attorneys or other jurisdictions? 25 MR. GOLDBERGER: May we come sidebar PHYLLIS A. DANES, OFFICIAL COURT REPORTER 0911212019 Page CM ncy to Agency Requet: 19-011 CONFIDENTIAL SDNY_GM_00332083 EFTA 00204809 EFTA02729793 38 1 on that, Your Honor? THE—CoUrrr--It- 1d— wo Ag to 3 recorded. 4 MR. GOLDBERGER: That's fine. 5 THE COURT: Defendant needs to 6 approach as well. 7 (Whereupon, there was a conference at 8 the bench.) 9 MR. GOLDBERGER: The reason why I 10 asked to come sidebar, there is a 11 nonprosecution agreement with the United 12 States Attorney's office that triggers as a 13 result of this plea agreement. In other 14 words, they have signed off and said they 15 will not prosecute Mr. Epstein in the 16 Southern District of Florida for any 17 offense upon his successful taking of this 18 plea today. That is a confidential 19 document that the parties have agreed to. U 20 Just in an abundance of caution, I wanted 21 to tell the court. 22 THE COURT: I understand, that would 23 also be invalidated should he violate his 24 community control? 25 MR. GOLDBERGER: Absolutely. That MD PHYLLIS A. DAMES, OFFICIAL COURT REPORTER U 09/12/2019 CONFIDENTIAL Page 4066 Agency to Agency Reguet: 19-411 SDNY_GM_00332084 EFTA 00204810 EFTA02729794 39 1 nonprosecution agreement -- 2 MS. BELOHLAVEK: They spell arl that 3 out. 4 THE COURT: Mr. Epstein needs to come 5 closer. 6 Mr. Epstein, your attorney has 7 told me that in addition to everything, we 8 talked about another Inducement, shall we 9 say, to your taking this plea is that the 10 U.S. Attorney for the Southern District of 11 the State of Florida, federal prosecutor, 12 has agreed to a nonprosecution agreement 13 with you, meaning that if you successfully 14 complete probation and do everything you're 15 supposed to, they have, have agreed not to 16 prosecute you federally, did you understand 17 that? 18 THE DEPENDANT: Yes, ma'am. 19 THE COURT: And I would view that as U 20 a significant inducement in accepting this 21 plea. U 22 MS. BELOHLAVEK: They are actually in U 23 24 court here today, also. THE COURT: Okay. 25 MR. GOLDBERGER: And the plea PHYLLIS A. DAMES, OFFICW COURT REPORT35 my to Agency 09/12/2019 ne Requet: 144n U CONFIDENTIAL SDNY_GM_00332085 EFTA 0020481I EFTA02729795 40 agreement very carefully spelled out if 2- —thwre—was—a—hze4ch that—vrontd—v/15161c tin a 3 agreement, so we are well aware of it. 4 THE COURT: Okay. I would request 5 that a sealed copy of that -- Mr. Epstein 6 has signed that document? 7 MR. GOLDBERGER: Yes, I would.like to 8 seal the copy. 9 THE COURT: I want a sealed copy of 10 that filed in this case. That is the only 11 other condition of the agreement that is 12 influencing this defendant to make this 13 decision? 14 MR. GOLDBERGER: Absolutely. I think 15 that's the right idea. 16 (Return to open court.) 17 THE COURT: Mr. Epstein, is there 18 anything else? 19 THE DEFENDANT: No, ma'am. 20 THE COURT: Because I don't take 21 these pleas unless they are freely and U 22 voluntarily made. 23 THE DEFENDANT: I understand that 24 THE COURT: I also don't want 1 25 somebody or anybody coming back a year, U PHYLLIS A. DAMES, 09112/2019 068 OFFICIAL COURT REPORTER Agency to Agency Requet: 19-411 CONFPa IDENTIAL SDNY_GM_00332086 EFTA 00204812 EFTA02729796 41 1 ' two years from now saying, oh no, no, they 2 c me over tn-tritear -Crirtitencr 3 anything else that is influencing you to 4 make this decision, then I need to know 5 about it. 6 THE DEFENDANT: I understand that. 7 MR. GOLDBERGER: Thank you. 8 THE DEFENDANT: Thank you very much, 9 Your Honor. 10 (Return to open court.) 11 THE COURT: All right, Mr. Epstein, 12 any questions about the rights you are 13 giving up by entering this plea? 14 THE DEFENDANT: . No ma'am. 15 THE COURT: State, please give me a 16 factual basis. ' 17 MS. BELOHLAVEK: In 069454 CF AMB, 18 between August 1, 2004 and October 31, 19 2005, the defendant in Palm Beach County 20 did solicit or procure someone to commit 21 prosecution on three or more occasions. J 22 And in 08 CF 9381 CF AMB between 23 August 1, 2004 and October 9, 2005, the ki 24 defendant did procure a minor under the age 25 of 18 to commit prostitution in Palm Beach • PHYLLIS A. DAMES, OFFFsigal ts COURT REPORT%enc 09112/2019 y to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00332087 EFTA_00204813 EFTA02729797 •1, 42 1 County also. THE—CUUma: 1 tint" a sutricien 3 factual basis to support the pleas. 4. Are all of the victims in both of these cases in agreement with the terms of 6 this plea? 7 MS. BELOHLAVEK: I have spoken to 8 several myself and I have spoken to 9 counsel, through counsel as to the other 11 10 11 victim, • and I believe, THE COURT: yes. And with regard to the 12 victims under age eighteen, is that 13 victim's parents or guardian in agreement 14 with the plea? 15 MS. BELOHLAVEK: That victim is not 16 under age 18 any more and that's why we 17 spoke with her counsel. 18 THE COURT: And she is in agreement 19 with the plea? 20 MS. BELOHLAVEK: Yes. 21 THE COURT: And community control 22 will be given information concerning how to 23 contact these victims? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: Confidentially. That PHYLLIS A. DAMES, OPP45ERN COURT REPORTE4ency to Agency Requet: 19-411 09/12/2019 CONFIDENTIAL SDNY_GMS/0332088 EFTA 00204814 EFTA02729798 tilt. 1 information will not be related to the 43 de enaanc 15WC-711T— e used excrUMTVETy—fdr-- 3 purposes of verifying compliance with this 4 agreement? 5 MS. BELOHLAVEK: Yes. 6 THE COURT: Is there anything else 7 from anybody else before I accept this 8 plea? 9 MR. GOLDBERGER: No, Your Honor. 10 THE COURT: Mr. Goldberger, if it is 11 your desire, you may enter your client's 12 plea. 13 MR. GOLDBERGER: Thank you, Your 14 Honor, at this time we would withdraw our I! 15 previously entered pleas of not guilty, 16 enter pleas of guilty pursuant to U 17 negotiations with the State. 18 11 19 THE COURT: Mr. Epstein, I am going to accept those pleas on your behalf. I 20 find you are intelligent, alert, you 21 uncles:stand what is going on here and the 22 consequence of entering this plea, you are U 23 doing it freely and voluntarily. 24 Pursuant to the plea, I am waiving U 25 a PSI, I will sentence you at this time PHYLLIS A. DAMES, OFFICIAIfbapgr REPORTER 09/12/2019 • CONFIDENTIAL Agency to Agency Requet: 19-411 SDNY_GM_00332089 EFTA_00204815 EFTA02729799 44 1 pursuant to it. I will adjudicate you 2 guilty or ter5W-WtTilcitin=1- of 3 prostitution, a third degree felony, case 4 number 06 CF 00945A -- 454 AMB, and 5 procuring a person under 18 for 6 prostitution, a second degree felony 08 CF I 7 009381AMB. 8 With respect to the solicitation II 9 of prosecution, I will sentence you to 10 twelve months in the Palm Beach County 11 11 detention facility with credit for the one [1 12 day served. IL., 13 With respect to 08 CF 009381, I il ) U 14 will sentence you to six months in the Palm 15 Beach County detention facility, with .1 16 credit for the one day served. That six U 17 month sentence is to be served consecutive U 18 19 to the twelve month sentence. Following the six month sentence U 20 you will be placed on 12 months of 21 community control. That will be on both 1 .1 22 cases, I assume, to run concurrently, U 23 correct? 24 MS. BELOHLAVBK: Only on the 08 case. /4 . 25 THE COURT: Only on the second degree PHYLLIS A. DAMES, OF3ICI4 COURT REPORT;amcywAy_em_y Requet: 19-011 09/12/2019 U CONFIDENTIAL SDNY_GM_00332090 EFTA_002048 16 EFTA02729800 45 1 felony? M87—BSUOHUAVE . Correct, cite one 3 that designates him a sexual offender. 4 THE COURT: Okay. So only on case 5 number 08 CF 009381AMB will you be on one 6 year community control which would then 7 invoke a potential penalty of fifteen years 8 were you to violate. 9 The special conditions are that 10 you are to have no unsupervised contact 11 with minors and the supervising adult must 12 be approved by the Department of 13 Corrections. You are to be designated a 14 sexual offender pursuant to Florida Statute 15 943.0435 and you must abide by all 16 requirements of that statute which I have 17 read and we have discussed. 18 You will remain confined to your 19 residence except one half hour before and 20 after your approved employment, community 21 service work or other activities approved 22 by your probation officer. You will 23 maintain an hourly accounting of all your 24 activity on a daily log which you submit to 25 the supervising officer upon request. PHYLLIS A. DAMES, OFF gait COURT REPORTE4ency to Agency 09/12/2019 Requet: 19-411 U CONFIDENTIAL SDNY_GM_00332091 EFTA 00204817 EFTA02729801 46 You will be residing at 3 should you desire to move or go to a 4 different location upon release from 5 custody, you will get preapproval of that 6 location from the Department of 7 Corrections. You will have to contact your community control officer a minimum of once 9 a week, it can be more often at their 10 discretion and you are to work at the It 11 Florida Science Foundation at 250 12 Australian Avenue in West Palm Beach, 13 Florida. You will submit to a mandatory 10 14 curfew of 10 p.m. to 6 a.m. 15 You shall not live within a 16 thousand feet of a school, day care center, 17 park, playground or other place where 18 children congregate. You shall not have 19 any contact with the victims, directly or 11 20 indirectly including through a third person 21 unless approved by victim's therapist and 22 the sentencing court. 11 23 You shall not work for pay or as a 24 volunteer at any school, day care center 25 park, play ground, other place where 11 PHYLLIS A. DAMES, OFFXZEIN COURT REPORTER Age 09/12/2019 ncy to Agency Requet: 19-411 11 CONFIDENTIAL SDNY_GM_00332092 EFTA_0020481S EFTA02729802 0 47 1 children may congregate. You shall not vi-uw, V 4 uc pIn srs's—da,y utnscene 3 pornographic or sexually stimulating or 4 visual, auditory material including 5 telephone, electronic media, computer 6 programs, computer services that are 7 relevant to deviant behavior. 8 You shall submit two specimens of 9 blood to Florida Department of Law 10 Enforcement to be registered with the DNA It 11 12 data bank. You shall submit to a warrantless search by the probation officer 13 or community control officer of your 14 person, residence or vehicle. 15 You shall maintain a driving log. 16 You shall not drive a motor vehicle while 17 alone without prior approval of the 11 18 19 supervising officer. You shall submit to, at 20 probationer or community control expense a U 21 22 HIV test, the result of which is to be released to the victims or victim's parent U 23 or guardian. That has to be done within 48 24 hours. 25 You shall not obtain or a use post PHYLLIS A. DAMES, OFFFLWAT/5 COURT REPORTERgency to Agency Requet: 19-411 09/12/2019 CONFIDENTIAL SDNY_GM_00332093 EFTA 00204819 EFTA02729803 48 1 office box without the prior approval of 2 the sligervishrtrot 3 MS. BELOHLAVEK: You forgot one that 4 you may not possess, own or view sexually 5 stimulating -- I don't believe you read 6 that outloud just now. THE COURT: Yes, I did. 8 MS. BELOHLAVEK: I'm sorry, I didn't hear it. I just wanted to make sure. 10 THE COURT: And the warrantless 11. search by the community control officer of 12 the person, residence or vehicle -- 13 understand the person, residence or vehicle 14 includes anything you might possess like 15 computer, a cell phone and whatever other 16 elaborate devices there are to communicate 17 electronically these days, okay. Good 11 18 19 luck. MR. GOLDBERGER: Thank you. 20 MS. BELOHLAVEK: Thank you. 21 THE COURT: Is there a judgment? 22 MR. GOLDBERGER: Yes, there should be U 23 judgments. 24 THE COURT: Was there a condition of 25 community control that he pay or is he U 09112/2019 PHYLLIS A. DAMES, OFFICIAL COURT REPORTHR Page 4070 sgency to Agency Requet: 19-411 U CONFIDENTIAL SDNY_GM_00332O94 EFTA 00204820 EFTA02729804 49 1 paying it? 2--- MR GOLDELEFtGER.• itc.tually__t hare. 71- 7- 3 cash bond posted, court cost can be 4 deducted from the cash bond. 5 THE COURT: $574 is the total? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: Is that to cover both 8 cases? 9 MR. GOLDBERGER: Yes. 10 THE COURT: Thank you. 11 MR. GOLDBERGER: Thank you, Your 12 Honor. 13 (Whereupon, at 9:48 o'clock a.m. the 14 proceedings before the Court. concluded.) 15 16 17 18 19 20 21 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 0911212019 Agency to Agency Requet: 19-011 U CONFIDENTIAL Pa SDNY_GM_00332095 EFTA 00204821 EFTA02729805 50 1 CERTIFICATE 2 3 THE STATE OF FLORIDA, 4 COUNTY OF PALM BEACH. I 5 6 I, PHYLLIS A. DAMES, Official Court Reporter for the Fifteenth Judicial Circuit, 7 Criminal Division, in and for.Palm Beach County, 8 Florida; do hereby certify that I was authorized 9 to and did report the foregoing proceedings before 10 the Court at the time and place aforesaid; and 11 that the preceding pages numbered from 1 through 49, 12 inclusive, represent a true and accurate 13 transcription of my stenonotes taken at said 14 proceedings. 15 IN WITNESS WHEREOF, I have hereunto 16 affixed my official signature this 19th day of 17 July, 2008. 18 19 20 21 PHYL S A. DAMES 22 23 24 25 09/12/2019 PHYLLIS A. Dtt, eiPM Nungri mency RTEW to Agency Requet: 19-411 SDNY_GM_00332096 EFTA_00204822 EFTA02729806 fl r, 11 Pi 11 n fl ri ri u U 11 I 11 U U U U U 09112/2019 Page 0019 Agency io Agency Requer. 19411 U CONFIDENTIAL SOW_GM_00332097 EFTA_00204823 EFTA02729807