EFTA00601091.pdf

Podhurst Orseck TRIAL & APPELLATE LAWYERS Aaron S. Podhurst Robert C. Josefsberg Joel D. Eaton Steven C Marks Victor M. Diaz, Jr. Katherine W. Ezell Stephen F. Rosenthal Ricardo M. Martinez-Cid Ramon A. Rasco Alexander T. Rundlet John Gravante, III Carolina Maharbiz April 17, 2009 VIA FACSIMILE David Spicer, Esq. 11000 Prosperity Farms Road Suite 104 Palm Beach Gardens, FL 33410 Robert Critton, Esq. . . Burman, Critton, Luttier & Coleman LLP 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401 Jack Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Gentlemen: Robert Orseck (1934-1978) Walter H. Beckham, Jr. Karen Podhurst Dent Of Counsel During our recent meeting with Mr. Black, we were told that it is your client's position that the no-contact order agreed to during the state plea colloquy does not apply to any of our clients except for those victims who were part of Mr. Epstein's state plea. Our understanding is that AUSA Villafana and Messrs. Tein and Goldberger entered a verbal agreement at the time that the list of victims was provided to those defense counsel that Mr. Epstein, including his agents, would have no direct or indirect contact with the victims named on this list. In addiditon, under applicable Florida Bar Rules governing contact by attorneys and their agents with persons represented by counsel, any contact with any of our clients or their family members by Mr. Epstein, his counsel and/or his agents must strictly be through us. Mr. Le&owitz had previously reassured us that Mr. Epstein would not contact any of our clients as long as I am "representing them in connection with settlement discussions." Due to our differences regarding the retroactivity issue and the "per plaintiff' v. per incident/count issue, we have apparently reached a dead end regarding settlement. Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800, Miami, FL 33130 Miami 3053582803 Fax 305.358.2382 • Fort Lauderdale 954A634346 www.podhurstcom EFTA00601091 We are concerned that Mr. Epstein could misconstrue our impasse in conjunction with Mr. Lefkowitz' e-mail to mean that now that we are no longer "representing them in connection with settlement discussions," he may contact them. Please be assured that it is our position that regardless of whether we are representing our clients during settlement discussions and/or trial preparation, we, and the rules of professional conduct, prohibit contact. In order to be crystal clear as to whom we represent, we have attached a list of our present clients. We expect each member of Mr. Epstein's defense team to abide by the applicable rules of professional conduct We request written confirmation from Mr. Epstein that neither he nor his agents will contact any of the victims represented by us. If this correspondence is in any way unclear, please contact us. Sincerely, Robed C. Josefsberg cc: Roy Black, Esq. w/ enclosures Jay Lefkowitz, Esq. w/ enclosures EFTA00601092 List of Clients Represented by Podhurst. Orseck as of April 17. 2009' ' We will supplement this list as necessary. EFTA00601093 Podhurst Orseck TRIAL ,Sz APPELLATE LAWYERS Aaron S. Podhurst Robert C. Josefsberg Joel D. Eaton Steven C. Marks Victor M. Diaz, Jr. Katherine W. Ezell Stephen F. Rosenthal Ricardo M. Mart{nez-Cid Ramon k Rasco Alexander T. Rundlet John Gravante, III Carolina Maharbiz April 17, 2009 David Spicer, Esq. 11000 Prosperity Farms Road Suite 104 Palm Beach Gardens, FL 33410 Robert Critton, Esq. Burman, Critton, Luttier & Coleman LLP 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401 Jack Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Re: Jane Doe 101 vs. Jeffrey Epstein Case No. 09-80591-Civ-Marra Gentlemen: Robert Orseck (1934-1978) Walter R Beckham, Jr. Karen Podhurst Dem Of Counsel Attached please find the Summons and Complaint filed in U.S. District Court today. Jack Goldberger and Bob Critton had previously agreed to accept service of this Complaint via mail. Very truly yours, Robert C. Josefsberg Podhurst Orseck, P.A. 25 West Hagler Street Suite 800, Miami, FL 33130 Miami 305.358.2800 Fax 305358.2382 • Fort Lauderdale 954.463.4346 vnew.podhurstoom EFTA00601094 AO 440 (Rev. 10/2002) Summate in a Civil Case UNITED STATES DISTRICT C OURT Southern District of Florida Case Number: v. JANE DCE 101, a EPSTEIN, Plaintiff Defendant 09-80591 CIV-IVIARRA SUMMONS IN A CIVIL CASE TO: (Name and adds, of defendant) MAGISTRATE 'Gnu JOHnen Jeffrey Epstein, Palm Beach Bounty Stockade, West Palm Beach, FL and/or by serving his counsel: David W. Spicer, Esq., 11000 Prosperity Farms Pc1,.Snite 104, Palm Beath Ca±dens, FL 33410 or Jack A. Goldberger, Esg., 250 S. Australia[ Ave., Suite 1400, West Palm Beach, FL 33401, or Robert D. Critton, Jr., Esq:, 515 N. Flagler Drive, Suite 400, West Palm Beach, FL 33401 YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY (name and adten) Robert C. Josefsberg, Esq/Katherine W. Ezell, Esq. PODHUPST OPSECK, P.A. 25 W. Flagler St., Suite 800 Miami, FL 33130 an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service. Steven M. Larlmore CLERK OF COURT DATE APR 1 7 2009 ia://n4 4 1 (BY) DEPUTY CLERK EFTA00601095 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA JANE DOE No. 101, 09-80591 CH-MARRA Civil Action No. Plaintiff, MAGISTRATE JUDGE JOHNSON vs. JEFFREY EPSTEIN, FILED by D.C. inn AKE APR 17 2009 STEVEN M. LARIMORE MERV US. DIST. CT. S.D. OF FLA. MIAMI COMPLAINT AND Defendant. DEMAND FOR JURY TRIAL COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff Jane Doe No. 101 ("Jane Doe"), brings this Complaint against Defendant, Jeffrey Epstein, and states as follows: PARTIES, JUIUSDICTIOLAND VENUE I. At all times material to this cause of action, Plaintiff, Jane Doe, was a resident of Palm Beach County, Florida. 2. This Complaint is brought under a fictitious name to protect the identity of Plaintiff Jane Doe, because this Complaint makes sensitive allegations of sexual assault and abuse of a then minor. 3. At all times material to this cause of action, Defendant, Jeffrey Epstein, bad a residence located at 358 El Brillo Way, West Palm Beach, Palm Beach County, Florida. 4. Defendant, Jeffrey Epstein, is currently a citizen of the State of Florida, as he is currently incarcerated in the Palm Beach County Stockade. 5. At all times material to this cause of action, Defendant, Jeffrey Epstein, was an adult male born in 1953. Podhurst Orseck, P.A. 24 Wnt Metier street, Suite 800, Mime, FL 33130, Mime 3053582800 Fax 305358.2382 • Fat Lauderdale 954463.4346 wmc.pocihttnttcom EFTA00601096 6. This Court has jurisdiction of this action and the claims set forth herein pursuant to 18 U.S.C. § 2255. 7. This Court has venue of this action pursuant to 28 U.S.C. § 1391(a), as a substantial part of the events giving rise to the claim occurred in this District. STATEMENT OF FACTS 8. At all relevant times, Defendant, Jeffrey Epstein, was an adult male, approximately 50 years old. Epstein is known as a billionaire financier and money manager with a secret clientele limited exclusively to billionaires. He is a man of tremendous wealth, power, and influence. He owns a fleet of aircraft that includes a Gulfstream IV, a helicopter, and a Boeing 727. Until his incarceration, he maintained his principal place of residence in the largest home in Manhattan. a 51,000-square-foot eight-story mansion on the Upper East Side. Upon information and belief, he also owns a $6.8 million mansion in Palm Beach, Florida, a $30 million 7,500-acre ranch in New Mexico he named "Zorro," and a 70-acre private island known as Little St. James in St. Thomas, U.S. Virgin Islands. The allegations herein concern Defendant's conduct while at his lavish estate in Palm Beach. 9. Upon information and belief, Defendant has a sexual preference for underage minor girls. He engaged in a plan, scheme, or enterprise in which he gained access in his home to countless relatively economically disadvantaged minor girls, sexually assaulted or molested these girls, and then gave them money. 10. Beginning in or around 2001 through in or around September 2007, Defendant used his resources and his influence over vulnerable minor children to engage in a systematic pattern of sexually exploitative behavior. 11. Defendant's plan and scheme reflected a particular pattern and method. Defendant coerced and enticed impressionable, vulnerable, and relatively economically less Podhurst Orsec.k, P.A. 2 25 West Hagler Street Suite 803, Miami, FL 33130, Miami 3053582800 Fax 306358/382 • Fort Lauderdale 954463.4346 www.podhurstcom EFTA00601097 fortunate minors to participate in various acts of sexual misconduct that he committed upon them. Defendant's scheme involved the use of underage girls as well as other individuals to recruit other underage girls. Upon information and belief, Defendant or an authorized agent would call and alert Defendant's assistants shortly before or after he arrived at his Palm Beach residence. His assistants would seek out economically disadvantaged and underage girls from West Palm Beach and surrounding areas who would be enticed by the money being offered— generally $200 to $300 per "massage" session—and who Defendant and/or his assistants perceived as less likely to complain to authorities or have credibility issues if allegations of improper conduct were made. The then minor Plaintiff and other minor girls, some as young as 14 years old, were transported to Defendant's Palm Beach county mansion by Defendant's employees, agents, and/or assistants in order to provide Defendant with "massages." 12. Defendant would pay the procurer of each girl's "appointment" approximately $200. Many of the instances of illegal sexual conduct committed by Defendant were perpetrated with the assistance, support, and facilitation of at least three assistants who helped him orchestrate this child exploitation enterprise. These assistants would often arrange times for underage girls to come to Defendant's residence, transport or cause the transportation of underage girls to Defendant's residence, escort the underage girls to the massage room where Defendant would be waiting or would enter shortly thereafter, urge the underage girls to remove their clothes, deliver cash from Defendant to the underage girls and/or their procurers at the conclusion of each "massage appointment," and, upon information and belief, take nude photographs and/or videos of the underage girls' for Defendant without their knowledge. 13. Epstein designed the scheme to secure a private place in Defendant's mansion where only persons employed and invited by Epstein would be present, so as to reduce the chance of detection of Defendant's sexual abuse and prostitution as well as to make it more Podhurst Orsecic, P.A. 3 8 West Fla ear Street, Suite 800, Miami, FL 33130, Miami 3053582800 Fax 305.3542382 • Fat Lauderdale 95&463.4346 I vraw.podlturat.com EFTA00601098 difficult for the minor girls to flee the premises and/or to credibly report his actions to law enforcement or other authorities. The girls were usually transported by his employees, agents, and/or assistants or by a taxicab paid for by Defendant in order to make it difficult for the girls to flee his mansion. 14. Upon arrival at Defendant's mansion, each underage victim would generally be introduced to one of Defendant's assistants, who would gather the girl's personal contact information. The minor girl would then be led up a flight of stairs to a room that contained a massage table and a large shower. The staircase leading to the room was plastered with nude photographs of young girls, including some photographs depicting two or more young girls engaged in lewd acts. Upon information and belief, Defendant, Jeffrey Epstein, had such photographs in each of his four homes and on his computer. 15. At times, if it was the girl's first "massage" appointment, another female would be in the room to "lead the way" until Defendant would have her leave. Generally, Defendant would start his massage wearing only a small towel, which eventually would be removed. Defendant would direct the girl to massage him, giving her specific instructions as to where and how he wanted to be touched, and then direct her to remove her clothing. He would then perform one or more lewd, lascivious, and sexual acts, including masturbation, fondling the minor's breasts and/or sexual organs, touching the minor's vagina with a vibrator and/or back massager, digitally penetrating her vagina, performing intercourse, oral sex, and/or anal sex, and/or coercing or attempting to coerce the girl to engage in lewd acts and/or prostitution. The exact degree of molestation and frequency with which the sexual crimes took place varied and is not yet completely known; however, at least when Defendant was in Palm Beach, Florida, such acts occurred usually on a daily basis and, in most instances, several times a day. Podhurst Orsecic, P.A. 4 25 west Flatlet' Street, Suite 600, Nan* Ft. 33130, Miami 3053582500 Fax 3052582382 • Fort Lauderdale 954463,4346 I www.podhuracom EFTA00601099 16. As previously stated in paragraph 14, Defendant displayed nude photographs of underage girls throughout his homes in New York, Palm Beach, New Mexico, and the U.S. Virgin Islands. Upon information and belief, some of the photographs in the possession of Defendant were taken with hidden cameras set up throughout his home in Palm Beach. On the day of his arrest, police found two hidden cameras and photographs of underage girls on a computer in Defendant's home. Upon information and belief, Defendant, Jeffrey Epstein, may have taken lewd photographs of Plaintiff, Jane Doe, with his hidden cameras and may have transported lewd photographs of Plaintiff (among many other victims) to his other residences and elsewhere using a facility or means of interstate commerce. 17. Consistent with the foregoing plan and scheme, Defendant used his money, wealth, and power to unduly and improperly manipulate and influence the then minor Plaintiff. Plaintiff, Jane Doe, was recruited by one of Defendant's agents to give Defendant a massage for compensation. Plaintiff was apprehensive, but needed the money and finally agreed to go. Plaintiff was first brought to Defendant's mansion in or about the spring of 2003, when she was merely 17 years old and in high school. Epstein's procurer drove her to Jeffrey Epstein's mansion. Plaintiff was led up a flight of stairs by a blonde woman to a spa room with a shower and a massage table, where she was left alone. A woman with dark hair, an accent, and naked from the waist up entered and tried to coax Plaintiff to remove her shirt, but Plaintiff refused. After the woman showed Plaintiff how to use the lotions that were there, the woman left. Defendant walked in wearing only a small towel. He lay down on the massage table still wearing the small towel, and Plaintiff began to massage his shoulders and neck. Nervously, she asked him what he did for a living. Defendant responded that he was a scientist. Defendant asked Plaintiff what year she would graduate high school, to which Plaintiff honestly replied that she would graduate in 2004. Plaintiff massaged Defendant's lower back and calves. Defendant Podhurst Orsedc, P.A. 5 26 West Bigler Street Suite 800, Mane. FL 33130. Miami 305.3582800 Fax 3053582382 • Fort Lauderdale 9544634346 I envw.podhurstccet EFTA00601100 told her to remove his towel. Defendant told her that he had just worked out and wanted his ROM 1111111SIMIS SINIMMIIIIMINII Main MEI Ma. Plaintiff next recalls that she received $200 and was transported by the procurer, whom she later learned received $200 for having brought her to Epstein's mansion. 18. Defendant thereafter lured the then minor Plaintiff to the Epstein mansion on at least one and perhaps two other occasions in the spring and/or summer of 2003. The procurer made another appointment for her to return, but Plaintiff didn't want to see Defendant. By having his assistants continue to contact Plaintiff and attempt to lure her to the mansion for other sexual acts, Defendant engaged in a continuous course of conduct that injured Plaintiff upon each instance of contact and/or abuse. 19. In addition to the direct sexual abuse and molestation of the then minor Plaintiff, Defendant used his money, wealth, and power to unduly and improperly manipulate and influence the then minor Plaintiff to bring him another minor girl in a promised exchange for money. Rather than go herself, Plaintiff and the procurer took another girl there one time. 20. As a result of these encounters with Defendant, Plaintiff, Jane Doe, has in the past suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, and Podhurst Orsecic, P.A. 6 25 West Flagler Street, Suite KO, leliarni, FL 33130, Miami 3053582800 Fax 3053582382 • Foot Lauderdale 954463.4346 I www.podlizust.com EFTA00601101 other damages associated with Defendant's controlling and manipulating her into a perverse and unhealthy way of life. 21. Any assertions by Defendant that he was unaware of the age of the then minor Plaintiff are belied by her telling him her high school graduation year, as well as his own actions, and are rendered irrelevant by the provision of applicable federal statutes concerning the sexual exploitation and abuse of a minor child. Defendant, Jeffrey Epstein, at all times material to this cause of action, knew and should have known of Plaintiff's age of minority. In fact, his preference for underage girls was well-known to those who regularly procured them for him. 22. Defendant, Jeffrey Epstein, committed the above-referenced acts upon the then minor Plaintiff in violation of federal statutes condemning the coercion and enticement of a minor to engage in prostitution or sexual activity, travel with intent to engage in illicit sexual conduct, sex trafficking of children, sexual exploitation of minor children, transport of visual depictions of a minor engaging in sexually explicit conduct, transport of child pornography, child exploitation enterprises, and other crimes, specifically including, but not limited to, those crimes designated in 18 U.S.C. § 2422(b), § 2423(b), § 2423(e), § 2251, § 2252, § 2252A(a)(1), § 2252A(g)(t, and § 1591. 23. After investigations by the Palm Beach Police Department, the Palm Beach State Attorney's Office, the Federal Bureau of Investigation, and the United States Attorney's Office for the Southern District of Florida, Defendant, Jeffrey Epstein, entered pleas of "guilty" to various Florida state crimes involving the solicitation of minors for prostitution and the procurement of minors for the purposes of prostitution in June 2008 in the Fifteenth Judicial Circuit in Palm Beach County, Florida. Defendant, Jeffrey Epstein, is in the same position as if he had been tried and convicted of the sexual offenses conunitted against Plaintiff and, as such, Podhurst Orseck, P.A. 7 25 West Flagler Street Suite SCO, Miami, FL 33130, Miami 3053532800 Fax 305.3581382 • Fat Lauderdale 954.463A346 I www.podhurstcom EFTA00601102 must admit liability unto Plaintiff, Jane Doe. Plaintiff hereby exclusively seeks civil remedies pursuant to 18 U.S.C. § 2255. COUNT ONE (Cause of Action for Coercion and Enticement of Minor to Engage in Prostitution or Sexual Activity pursuant to 18 U.S.C. & 2255 in Violation of 18 U.S.C. 4 2422(b)) 24. Plaintiff, Jane Doe, hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs 1 through 23 above. 25. Defendant, Jeffrey Epstein, used a facility or means of interstate commerce to knowingly persuade, induce, or entice Jane Doe, when she was under the age of 18 years, to engage in prostitution and/or sexual activity for which any person can be charged with a criminal offense pursuant to 18 U.S.C. § 2255 in violation of 18 U.S.C. § 2422(b). 26. Plaintiff, Jane Doe, was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant, Jeffrey Epstein, pursuant to this Section of the United States Code. 27. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, and other damages associated with Defendant's manipulating and leading her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future suffer additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. Podhurst Orsedc, P.A. 8 25 West Flagler Street, State 800, Miami, FL 33130, Miami 305358.2800 Fax 301.3582382 • Fort Lauderdale 954A63.4346 l w•ww.podhurntcom EFTA00601103 WHEREFORE, Plaintiff, Jane Doe, demands judgment against Defendant, Jeffrey Epstein, for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT TWO (Cause of Action for Travel with Intent to Engage in Illicit Sexual Conduct pursuant to 18 U.S.C. 2255 in Violation of 18 U.S.C. & 2423(b)) 28. Plaintiff, Jane Doe, hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs 1 through 23 above. 29. Upon information and belief, Defendant, Jeffrey Epstein, traveled in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of 18 U.S.C. § 2423(b). 30. Plaintiff, Jane Doe, was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant, Jeffrey Epstein, pursuant to this Section of the United States Code. 31. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, and other damages associated with Defendant's manipulating and leading her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future suffer additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the Podhurst Orseck, P.A. 9 25 West Fleets Street, Suite BOO, /amt. FL 33130, Wand 3053582903 Fax 305358.2382 • Fort Lauderdale 954463.4346 EFTA00601104 capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff, Jane Doe, demands judgment against Defendant, Jeffrey Epstein, for ail damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT THREE (Cause of Action for Sex Trafficking of Children pursuant to 18 U.S.C. & 2255 In Violation of 18 U.S.C. & 1591(a)I 32. Plaintiff, Jane Doe, hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs 1 through 23 above. 33. Defendant, Jeffrey Epstein, knowingly, in or affecting interstate or foreign commerce, recruited, enticed, and obtained Plaintiff, Jane Doe, knowing that she had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1), in violation of 18 U.S.C. § 1591(a)(1). 34. Plaintiff, Jane Doe, was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant, Jeffrey Epstein, pursuant to this Section of the United States Code. 35. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, and other damages associated with Defendant's manipulating and leading her into a perverse and Podhurst Orseck, P.A. 10 25 West Flagler Street, Suite 800, Maud, R. 33130, Miami 3053582800 Fax 305.3582382 • Fat Lauderdale 954.463.4346 www.podhusstcom EFTA00601105 unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future suffer additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff, Jane Doe, demands judgment against Defendant, Jeffrey Epstein, for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT FOUR (Cause of Action for Sexual Exploitation of Children pursuant to 18 U.S.C. 4 2255 in Violation of 18 U.S.C. & 2251) 36. Plaintiff, Jane Doe, hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs I through 23 above. 37. Defendant, Jeffrey Epstein, knowingly induced, enticed, or coerced then minor Plaintiff Jane Doe to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of 18 U.S.C. § 2251. As previously stated in paragraphs 14 and 16, Defendant displayed a myriad of photographs of underage girls throughout his homes in New York, Palm Beach, New Mexico, and the U.S. Virgin Islands. Upon information and belief, many of the photographs in the possession of Defendant were taken with hidden cameras set up throughout his home in Palm Beach. On the day of his arrest, police found two hidden cameras and photographs of underage girls on a computer in Defendant's home. Upon information and belief, Defendant, Jeffrey Epstein, may have taken lewd photographs of Plaintiff, Jane Doe, with his hidden cameras and may have transported lewd photographs of Podhurst Orseck, P.A. 11 25 West Hagler Street, Suite 800, Miami, FL 33130, Miura 3053582800 Fax 3(63582382 • Fort Lauderdale 954.4634346 I vninv.podburatcorn EFTA00601106 Plaintiff (among many other victims) to his other residences and elsewhere using a facility or means of interstate commerce. 38. Plaintiff, Jane Doe, was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant, Jeffrey Epstein, pursuant to this Section of the United States Code. 39. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, and other damages associated with Defendant's manipulating and leading her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future suffer additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff, Jane Doe, demands judgment against Defendant, Jeffrey Epstein, for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. Podhurst Orseck, P.A. 12 25 Wed Meer street Suite 800, iifmmi. FL 33130, Miami 3053582300 Fax 305 I ra n82 • Fat Lauderdale 954.4634346 1 www.porlhunttom EFTA00601107 COUNT FIVE (Cause of Action for Transport of Visual Depiction of Minor Enzazine in Sexually Explicit Conduct pursuant to 18 U.S.C. 4 2255 In Violation of 18 U.S.C. § 2252(a)(1)) 40. Plaintiff, Jane Doe, hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs 1 through 23 above. 41. Defendant, Jeffrey Epstein, knowingly mailed, transported, or shipped in interstate or foreign commerce child pornography in violation of 18 U.S.C. § 2252(1). As previously stated in paragraphs 14, 16, and 37, upon information and belief, Defendant displayed a myriad of photographs of underage girls throughout his homes in New York, Palm Beach, New Mexico, and the U.S. Virgin Islands. Upon information and belief, many of the photographs in the possession of Defendant were taken with hidden cameras set up throughout his home in Palm Beach. On the day of his arrest, police found two hidden cameras and photographs of underage girls on a computer in Defendant's home. Upon information and belief, Defendant, Jeffrey Epstein, may have taken lewd photographs of Plaintiff, Jane Doe, with his hidden cameras and may have transported lewd photographs of Plaintiff (among many other victims) to his other residences and elsewhere using a facility or means of interstate commerce. 42. As previously stated in paragraph 21, any assertions by Defendant that he was unaware of the age of the then minor Plaintiff are belied by his actions and rendered irrelevant by the provision of applicable federal and state statutes concerning the sexual exploitation and abuse of a minor child. Defendant, Jeffrey Epstein, at all times material to this cause of action, knew and should have known of Plaintiff's age of minority. In fact, his preference for underage girls was well-known to those who regularly procured them for him. 43. Plaintiff, Jane Doe, was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant, Jeffrey Epstein, pursuant to this Section of the United States Code. Podhurat Orsecic P.A. 13 25 Wat Plagler Street, 5404e 800, 60axrd. FL 33130, Miami 3053582800 Fax 3053582382 • Fort Lauderdale 954.463.4346 www.podlauetcom EFTA00601108 44. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, and other damages associated with Defendant's manipulating and leading her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future suffer additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff, Jane Doe, demands judgment against Defendant, Jeffrey Epstein, for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT SIX (Cause of Action for Transport of Child Pornography pursuant to 18 U.S.C. & 2255 In Violation of 18 U.S.C. 4 2252A(a)(1)) 45. Plaintiff, Jane Doe, hereby adopts, repeats, realleges, and incorporates by reference the allegation contained in paragraphs 1 through 23 above. 46. Defendant, Jeffrey Epstein, knowingly mailed, transported, or shipped in interstate or foreign commerce child pornography in violation of 18 U.S.C. § 2252A(a)(1). Podhurst Orseck, P.A. 14 75 West Flar,kr Sant, Suite 800, Kurd, FL 33130,841.mi 305358.2800 Fax 305.3582382 • Fort Lauderdale 95t463.4346 wwwsodlturstareet EFTA00601109 47. Plaintiff, Jane Doe, was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such asserts a cause of action against Defendant, Jeffrey Epstein, pursuant to this Section of the United States Code. 48. Defendant, Jeffrey Epstein, is in the same position as if he had been tried and convicted of the sexual offenses committed against Plaintiff and, as such, must admit liability unto Plaintiff, Jane Doe. 49. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, and other damages associated with Defendant's manipulating and leading her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future suffer additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff, Jane Doe, demands judgment against Defendant, Jeffrey Epstein, for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. Podhurst Orsecic, P.A. 15 25 Welt Flagler Street Suite 800, MLitt* FL 33130, //Rama 305358.2800 Fax 305.350382 • Fort Lauderdale 954.4634346 t www.podhurstsrom EFTA00601110 COUNT SEVEN (Cause of Action for Engazina in a Child Exploitation Enterprise pursuant to 18 U.S.C. 2255 in Violation of 18 U.S.C. & 2252A(g)) 50. Plaintiff, Jane Doe, hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs I through 23 above. 51. Defendant, Jeffrey Epstein, knowingly engaged in a child exploitation enterprise, as defined in 18 U.S.C. § 2252A(g)(2), in violation of 18 USC § 2252A(g)(1). As more fully set forth above in paragraphs 9 through 19, Defendant's actions involved countless victims and countless incidents of abuse, and he committed those offenses against minors in concert with at least three other persons. 52. Plaintiff, Jane Doe, was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant, Jeffrey Epstein, pursuant to this Section of the United States Code. 53. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, and other damages associated with Defendant's manipulating and leading her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future suffer additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. Podhurst Orsecic, P.A. 16 25 West Fielder Street, Sulle 800, Nand FL 33130, Miami 30535821300 Fax 305358 tut, . Fart Lauderdale 954.463.4346 t www.podbutet.ccon EFTA00601111 WHEREFORE, Plaintiff, Jane Doe, demands judgment against Defendant, Jeffrey Epstein, for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. Date: April 17, 2009 C• 6,„ KuJE Robert C. Josefgberg, Bar No. 04656 'Catherine W. Ezell, Bar No. 114771 Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Miami, Florida 33130 (305) 358-2800 (305) 358-2382 (fax) dosefsbenapodhurst.com kezellecodhurst.com Attorneys for Plaintiff DEMAND FOR JURY TRIAL Plaintiff demands to have her case tried before a jury. C • +.4d)t Robert C. Josefstg,t3:1:14 6 Katherine W. Ezell, Bar No. 114771 Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Miami, Florida 33130 (305) 358-2800 (305) 358-2382 (fax) riosefsberstapodhurstcom kezellapodhurst.com Attorneys for Plaintiff Podhurst Orseck, P.A. 17 25 Weal Nagler Street, Suite SOO, Miami. FL 33130, Miami 305.358/S00 Fax 305 ma "in • Fee Lauderdale 954.463.4346 woortv.podltunst.tota EFTA00601112