EFTA00222315.pdf

Case 9:08-cv-80119-KAM Document 1 Entered on FLSD Docket 02/06/2008 Pavpitok6 JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. COMPLAINT Plaintiff, Jane Doe No. 2 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FILED by VT D.C. ELECTRONIC ebruary 6, 2008 CLARENCE MADDOX CLERK U.S. 01ST. CE. S.D. OF ILA. • MIAMI CASE NO.: 08-CV-80119-MARRA-JOHNSON Parties, Jurisdiction and Venue 1. Jane Doe No. 2 is a citizen and resident of the Commonwealth of Virginia, and is sui juris. 2. This Complaint is brought under a fictitious name to protect the identity of the Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon a minor. 3. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 4. This is an action for damages in excess of 550 million. 5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (i) exceeds 575,000, exclusive of interest and costs; and (ii) is between citizens of different states. 6. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a substantial HERMAN 6 MERMELSTEIN. P. A. - 1 - www.hermanlaw.com off EFTA00222315 Case 9:08-cv-80119-KAM Document 1 Entered on FLSD Docket 02/06/2008 Page 2 of 6 part of the events or omissions giving rise to the claim occurred in this District. Factual Allegations 7. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of tremendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach. 8. Upon information and belief, Epstein has a sexual preference and obsession for underage minor girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2004-2005, Jane Doe, then approximately 16 years old, fell into Epstein's trap and became one of his victims. 9. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 10. Epstein's scheme involved the use of young girls to recruit underage girls. (Upon information and belief, the young girl who brought Jane Doe to Epstein was herself a minor victim of Epstein, and will therefore not be named in this Complaint). Under Epstein's plan, underage girls were recruited ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. The recruiter would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Epstein or someone on his behalf would direct the recruiter to bring one or more underage girls to the residence. The recruiter, upon information and belief, generally sought out economically disadvantaged underage girls from western Palm Beach HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com - 2 - EFTA00222316 :Case 9:08-cv-80119-KAM Document 1 Entered on FLSD Docket 02/06/2008 Page 3 of 6 County who would be enticed by the money being offered - generally $200 to $300 per "massage" session - and who were perceived as less likely to complain to authorities or have credibility if allegations of improper conduct were made. This was an important element of Epstein's plan. 11. Epstein's plan and scheme reflected a particular pattern and method. Upon arrival at Epstein's mansion, the underage victim would be introduced to Epstein's assistant, who gathered the girl's personal information, including her name and telephone number. would then bring the girl up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. There were photographs of nude women lining the stairway hall and in the bedroom. The girl would then find herself alone in the room with Epstein, who would be wearing only a towel. He would then remove his towel and lie naked on the massage table, and direct the girl to remove her clothes. Epstein would then perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl's vagina. 12. Consistent with the foregoing plan and scheme, Jane Doe was recruited to give Epstein a massage for monetary compensation. Jane was brought to Epstein's mansion in Palm Beach. Once at the mansion, Jane was introduced to , who led her up the flight of stairs to the room with the massage table. In this room, Epstein told Jane to take off her clothes and give him a massage. Jane kept her panties and bra on and complied with Epstein's instructions. Epstein wore only a towel around his waste. After a short period of time, Epstein removed the towel and rolled over exposing his penis. Epstein began to masturbate and he sexually assaulted Jane. 13. After Epstein had completed the assault, Jane was then able to get dressed, leave the room and go back down the stairs. Jane was paid $200 by Epstein. The young girl who recruited Jane was paid $100 by Epstein for bringing Jane to him. HERMAN S. MERMELSTEIN, P. A. www.hermanlaw.com - 3 - EFTA00222317 Case 9:08-cv-80119-KAM Document 1 Entered on FLSD Docket 02/06/2008 Page 4 of 6 14. As a result of this encounter with Epstein, Jane experienced confusion, shame, humiliation and embarrassment, and has suffered severe psychological and emotional injuries. COUNT I Sexual Assault 15. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 16. Epstein tortiously assaulted Jane Doe sexually. Epstein's acts were intentional, unlawful, offensive and harmful. 17. Epstein's plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously. 18. This sexual assault was in violation of Chapter 800 of the Florida Statutes, which recognizes as a crime the lewd and lascivious acts committed by Epstein upon Jane. 19. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doe No. 2 demands judgment against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. COUNT II Intentional Infliction of Emotional Distress 20. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 21. Epstein's conduct was intentional or reckless. 22. Epstein's conduct was outrageous, going beyond all bounds of decency. 23. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com - 4 - EFTA00222318 Case 9:08-cv-80119-KAM Document 1 Entered on FLSD Docket 02/06/2008 Page 5 of 6 reason to know that his intentional and outrageous conduct would cause emotional trauma and damage to Jane Doe. 24. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe, has suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiff Jane Doe No. 2 demands judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court deems just and proper. JURY TRIAL DEMAND Plaintiffs demand a jury trial in this action. Dated: February C2008 Respectfully submitted, HERMAN & MERMELSTEIN. P. A. HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931- By: Jeffrey M. Herman jherman@,hermanlaw.com Florida Bar No. 521647 Stuart S. Mermelstein smermelstein@hermanlaw.com Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 ahorowitz@hermanlaw.com www.hermanlaw.com - 5 - EFTA00222319 Case 9:08-cv-80119-KAM Docurc•Nt11:1 CQMFASKEFITSD Docket 02/06/2008 Page 6 of 6 The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing, and service of pleading or other papers as required by law, except as provided by local rules of court. This Porn, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of the Court for the purpose of Initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) 1(a) PLAINTIFFS DEFENDANTS JANE DOE NO. 2, JEFFREY EPSTEIN (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF OUT OF STATE (EXCEPT IN U.S. PLAINTIFF CASES) COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW YORK (IN U.S. PLAINTIFF CASES ONLY) (c) ATTORNEYS (FIRM NAME. ADDRESS, AND TELEPHONE NUMBER) Herman & Mermeistein, PA., 18205 Biscayne Blvd., Sults 2218, Miami, FL 33160, (305) 931.2200 (d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH ATTORNEYS (IF KNOWN) q !ely V foul-K/9in- ) 0 4-)/71__ It. BASIS OF JURISDICTION (PLACE AN X ONE BOX ONLY) O 1. U.S. Government Plaintiff O 2 U.S. Government Defendant III) O 3 Federal Question (U.S. Government Not a Party) X 4 Diversity (Indicate Citizenship of Parties In Item III. CITV.ENSHIP OF PRINCIPAL PARTIES (For Diversity Case Only) PTF DEF Citizen of This Stale 0 1 O 1 Citizen of Another State X2 x 2 Citizen or Subject of s Feisty, Country 0 3 03 PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE FOR DEFENDANT PTF DEF Incorporated of Principal Place of O 4 0 4 Business in This Stale Incorporated and Principal Place of O 5 O 5 Business in Another State Foreign Nation O 6 O 6 IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) DIVERSITY ACTION UNDER 28 U.S.C. §1332(a) FOR SEXUAL ASSAULT IVa. _5_ days estimated (for both aides) to try entire case V. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) A CONTRACT A TORTS B FORFEITURE PENALTY A BANKRUPTCY A OTHER STATUS a 110insorcs 0 12,0146.6 o 130 Sea P 0 140,4•00460141Nnnwl o 15*3 /4 4" " . 4 Vienne,' 0 SONS. o isalieloop Ad 0 Macao of Casa0 Nene Loans Fa Vara4)6 0 Mama °Wawa 0 Vanes Brae o iinvockroblies Se" o MOAK Cana o 050102.0 Pooluct LOS PERSONAL INJURY 0 MANN' 0 362 Row. 01471474,6111Wpricna 0 30 Nan Paw ustay 030 0.480044 22/1.03040 LON 71' 13 320 basall Ltd & OWN, Dam Asian Prunes 0 33o • eon fr onen. lay Ain Prodtcl USN 0 34014iin 034$ &Y PIPSIdlidar PERSONAL PROPERTY 0 MO Mar veva CI 366 74obtv4.07 Roam Lute! 0 370 Cgs /NO 1310 0 a Pan IVA 0 371 Tn. Moeda, I ONO CM, Ponennel Papp Dna 0 MS onzety 0,14N40 •reaci Weft 06,3 Aoraan 0 623 OWN FODS 4 ON3 0 en ON) RYAN Sans* Cl flopirly 21 USC ON 0 630 taxa Lam 0640RRIToack ONO AliNe MN 0 680 003470lonal Saaapain 0 003 awe 0422 AN*01211050 al 0 423 WINN.471 OWN IN 440 SSA Nacoort4,444 410 MOWN 00 Nam as Novo NO Conant= ',Newt I 400 DOX4U4co 470 Rama lapro32 a Camp Orninealon MO Saa• Swot Oa Swam/ 0744,03446/ A PROPERTY RIGHTS ONO C00740 744 0 PO Pant CI 640 7,03onark Exchaps 1175 Oatew 0~04 ZINC3410 NI Ewalt Acis 802 Ewalt SWANN AO tnavnital Mars we f nay 3AP00/ 10 we NS ridden allrfomaco An 930 appeloff se Came Ilarapacese ANN 0 260 Consaaway *law Sas ONO Oa Suan Pane • •cell Oidsrawy Pa Yd stoma 0100 foe Mena B SOCIAL SECURITY 0 001 KA 0305•1 0 NO INN Luna 0123) 0 863 CRACJIIMW 4405(g1) OS SPOTS am 0 ma as Noma AREAL PROPERTY A CIVIL RIGHTS B PRISONER PETITIONS A LABOR 0 2,0 UM 0300rNaNn 0 230 Pondma 6 0 230 ita Leal Lana 0 210 MN DUN 0 246 Ton MINN 4200PI 0 210 AI Ors Its lortgeti 0 441*440 0 44,200:"Non 0 44371ouleNAccomocalons a 44 WINN 0 44006w NUNN 0 VOIN4046b Vert 940,044:0 NINA 03.246 0 530 Gest 0 5360eatanpay 0 640 leardama 8 One 0 530C24 Pa 'pall ' Id Foe Lax San ale AO °720 WOW Ignaosewt Rasa 0 0 730 tax laanwl Rata & Dana as 0 740 Rotary INN as 0 700 Ors Law Leaman a Ft. traps a Pc Srany Ail B A FEDERAL TAX SUITS 0 PO Toe 0,) 6 NNW! or ONINI00 13 RI Alta Pa 26 uSC tea I FILED by D.C.; VI. ORIGIN x 1. Original 0 2. Removed from 0 3. Remanded from 0 4. Refilled 0 6. Multidisbict Litigation 0 7. Appeal to District Judge from Proceeding State Court Appellate Court 0 5. Transferred from another district (Specify) Magistrate Judgment VII. REQUESTED CHECK IF THIS IS A O CLASS ACTION DEMAND S IN COMPLAINT K UNDER F.R.C.P. 23 CI Check YE complaint: JURY DEMAND: O NO VIII. RELATED CASE(S) IF ANY (See Instructions): (SEE ATTACHED) JUDGE DOCKET NUMBER DATE fa . I UNITED STATES DISTRICT COURT S/F 1.2 REV. 9/94 SIGNATURE OF ATTORNEY OF RECORD ' .a ) FOR OFFICE USE ONLY: Receipt No. Amount Date Paid: Wfp: 51-1/2-2/5 EFTA00222320