EFTA00233329.pdf

:%W OFFICE • Olier,leittea/di • A N I) ASSOCIATES July 3, 2008 United States Attorney's Office Dear VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 2680 0002 5519 8503 As you are aware, we represent several of the young girls that were victimized and abused by Jeffrey Epstein. While we are aware of his recent guilty plea and conviction in his State Court case, the sentence imposed in that case is grossly inadequate for a sexual predator of this magnitude. The information and evidence that has come to our attention in this matter leads to a grave concern that justice will not be served in this cause if Mr. Epstein is not aggressively prosecuted and appropriately punished. Based on our investigation and knowledge of this case, it is apparent that he has sexually abused more than 100 underage girls, and the evidence against him is overwhelmingly strong. As former Assistant State Attorneys with seven years' prosecution experience, we believe that the evidence against Mr. Epstein is both credible and deep and that he may be the most dangerous sexual predator of children that our country has ever seen. The evidence suggests that for at least 4 years he was sexually abusing as many as three to four girls a day. It is inevitable that if he is not confined to prison, he will continue to manipulate and sexually abuse children and destroy more lives. He is a sexual addict that focused all of his free time on sexually abusing children, and he uses his extraordinary wealth and power to lure in poor, underprivileged little girls and then also uses his wealth to shield himself from prosecution and liability. We are very concerned for the health and welfare of the girls he has already victimized, and concerned that if justice is not properly served now and he is not imprisoned for a very long time, he will get a free pass to sexually abuse children in the future. Future abuse and victimization is obvious to anyone who really reviews the evidence in this case, and future sexual abuse of minors is inevitable unless he is prosecuted, tried and appropriately sentenced. Money and power should not allow a man to make his own laws, and he has clearly received preferential treatment at every step up to this point. If he were a man of average wealth or the abused girls were from middle or upper class families, then this man would spend the rest of his life in prison. In a country of true, blind justice, those distinctions are irrelevant, and we really hope he does not prove the point that a man can commit heinous crimes against children and buy his way out of it. If the Department of Justice's recent commitment to the protection of our children from child molesters is to be more than rhetoric, then this is the time and the case where the Department must step forward. We urge the Attorney General and our United States BEOBRADEDWARDSLAW.COM EFTA00233329 United States Attorney's Office Page Two Attorney to consider the fundamental import of the vigorous enforcement of our Federal laws. We urge you to move forward with the traditional indictments and criminal prosecution commensurate with the crimes Mr. Epstein has committed, and we further urge you to take the steps necessary to protect our children from this very dangerous sexual perpetrator. We will help you to do this in any way possible to ensure that true Justice is served in this case. Sincerely, Brad Edwards, Esquire Jay Howell, Esquire 2028 HARRISON STREET,SUITE 202, HOLLYWOOD, FLORIDA 33020 OFFICE: 954-414-8033/305-935-2011 FAX: 954-924-1530/305-935-4227 BEOBRADEDWARDSLAW.COM EFTA00233330 LAW OFFICE • Ofikeaceigh • AND ASSOCIATES October 15, 2008 United States Attorney's Office 99 N.E. 4th Street Miami, Florida 33132 Re: Jane Doe # and Jane Doe #2'. United States of America Case No.: 08-80736-CIV-MARRA/JOHNSON Dear Mr I am writing to inquire about whether Mr. Epstein has violated his Non-Prosecution Agreement with the Government. As you know, the Government has repeatedly described the Non-Prosecution Agreement as guaranteeing to the victims of Epstein's sexual abuse at least $150,000 in civil damages. The Government has made these representations in reliance on a current provision in the U.S. Code — 18 U.S.C. § 2255(a) — which provides for an automatic amount of damages of at least $150,000. At the time that the Non-Prosecution Agreement was drafted and signed, that was the law that was in effect. In Epstein's latest filing in federal court, however, he takes the position that the pre-2006 Amendments version of the law applies. See Defendant Epstein's Motion to Dismiss, for Moir Definite Statement and To Strike Directed to Plaintiff Jane Doe's Complaint at 9, Jane Doe Jeffrey Epstein, No. 08-CIV-80893-Marra/Johnson (discussing § 2255 and stating that the "applicable version of the statute" is "pre-2006 Amendments"). The 2006 Amendments altered § 2255(a), by increasing the presumed minimum damages from $50,000 to $150,000. See Pub. L. 109-248, Title VII, § 707(b), (c), July 27, 2006, 120 Stat. 650. In light of Epstein's latest filing, I write to ask several questions: (1) Would you stipulate that you told me several times that Epstein had agreed to pay at least $150,000 to the identified victims of his abuse? (2) Did Epstein in fact agree to pay damages to the identified victims of his abuse at least $150,000? (3) Did the Government tell victims, either directly or through counsel, that Epstein had agreed to pay his victims at least $150,000? BEG B RAD EDWARDS LAW.COM EFTA00233331 ‘AY ATE IA EFTA00233332 Sent: To: Cc: Subject: Dear Thl trreInt• hints 10 00(10 A-AA Du vu, Hahn 1v. t 1 LO) Epstein Case I just wanted to let you know that Karen and I spoke with Roy Black yesterday regarding the Epstein case Roy asked whether there was a way to resolve the federal and state litigation simultaneously and mentioned your desire to wrap up the case before you retired. We informed him that the Office's position is that if Epstein promptly abides by the terms of the signed non-prosecution agreement entered into by the Office and Mr. Epstein, we will end our investigation. If Mr. Epstein chooses to go forward with a different plea in the State, that is his prerogative, but we will consider it a breach of the federal non-prosecution agreement and will proceed accordingly. The federal non-prosecution agreement signed by Mr. Epstein and his counsel requires Mr. Epstein to plead guilty to the current state indictment and also to an information charging a state offense that requires sex offender registration, specifically the charge of procuring minors to engage in prostitution, at least 18 months imprisonment, and an agreement that the victims can pursue damages claims as though Mr. Epstein had been convicted of the federal offenses. Our agreement does not address probationary periods following the term of incarceration. Those are statutorily set on the federal side, so we have left that issue to the defense to negotiate with you. If you have any questions, please let me know. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 ( 1) LA-pka.:k. O fctrAroo Tracking: EFTA00233333 Recipient Road Road: 6/19/2008 4:48 PM Read. 6/19/2008 4:47 PM 2 EFTA00233334 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401 September 2, 2009 CASE NO.: 4D09-2554 L.T. No. : 20098CF009381A JEFFREY EPSTEIN 1. STATE OF FLORIDA, ET AL. Appellant / Petitioner(s), BY ORDER OF THE COURT: Appellee I Respondent(s). ORDERED that appellee E.W.'s motion filed July 13, 2009, to file portion of response under seal is hereby determined to be moot; further, ORDERED that appellant's agreed motion filed July 14, 2009, to file one reply supporting petiton for writ of certiorari and for the time to run from service of the last- filed response is hereby granted; further, ORDERED that appellee B.B.'s motion filed August 5, 2009, to supplement the record is hereby granted; further, ORDERED that appellee E.W.'s motion filed July 27, 2009, for attorney's fees and costs is hereby denied; further, ORDERED that appellee B.B.'s motion filed July 23, 2009, for attorneys' fees and costs is hereby denied; further, ORDERED that appellee Palm Beach Newspapers, Inc. d/b/a The Palm Beach Post's motion filed July 21, 2009, for attorneys' fees and costs is hereby denied. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Barbara J. Compiani Robert D. Critton, Jr. Witham J. Berger State Attomey.P.B. Michael J. Pike Jeffrey H. Sloman Ic Jane Kreusler•Walsh Deanna K. Shullman U.S. Attorney'S Office Bradley J. Edwards James B. Lake Hon. Jeffrey J. Colbath Jack A. Goldberger Diana Martin Spencer T. Kuvin Rebecca Mercier Vargas R. Alexander Acosta EFTA00233335 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 JEFFREY EPSTEIN, Appellant, 1. STATE OF FLORIDA, E.W. B.B. and PALM BEACH NEWSPAPERS, INC., d/b/a THE PALM BEACH POST, Appellees. No. 4D09-2554 (September 2, 2009j PER CURIAM. We treat petitioner's petition for writ of certiorari as a full appeal and affirm. HAZOURI, DAMOORGIAN and LEVINE, JJ., concur. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jeffrey J. Colbath, Judge; L.T. Case Nos. 502006CF009454AXXMB & 502008CF009381AXXMB. Jane Kreusler-Walsh and Barbara J. Compiani of Kreusler-Walsh, Compiani 8s Vargas, P.A., Robert D. Critton of Burman, Critton, Littler & Coleman, and Jack A. Goldberger of Atterbury, Goldberger 8s Weiss, P.A., West Palm Beach, for appellant. James B. Lake and Deanna K. Shullman of Thomas, LoCicero & Bralow, PL, Fort Lauderdale, for appellee Palm Beach Newspapers, Inc., d/b/a The Palm Beach Post. William J. Berger of Rothstein Rosenfeldt Adler, Fort Lauderdale, for appellee E.W. Diana L. Martin and Spencer T. Kuvin of Leopold-Kuvin, P.A., Palm Beach Gardens, for appellee B.B. EFTA00233336 Not final until disposition of timely filed motion for rehearing. 2 EFTA00233337 •freA A - Swaramearas FUL N BELITTENMUU_ER, Clerk Fourth District Court of Appeal EFTA00233338 THE PALM BEACH POST • FRIDAY, SEPTEMBER 4.2009 Appeals court backs unsealing of Epstein's '07 deal with feds By SUSAN SPENCER-WENDEL Palm Brack Post Staff Miler WEST PALM BEACH — An appeals court has affirmed a lower court ruling unsealing the con- fidential deal Jeffrey Ep- stein struck with federal prosecutors to avoid being charged by them. The 4th District Court of Appeal this week up- held Circuit Judge Jeffrey Colbath's earlier decision to unseal the agreement. Attorneys for the mon- ey manager of billionaires have fought vigorously against the agreement's release. They have 15 days to request a rehear- ing with the 4th District Court of Appeal. Absent that, it will be- come public. Epstein's local criminal defense attorney Jack Goldberger did not return a call seeking comment. Epstein's own attorneys, in federal filings, have See EPSTEIN, 66 ► Epstein Attorneys for the Palm Beach money manager have 15 days to seek a rehearing. Civil litigation intensifies, deposition ends abruptly ► EPSTEIN from 1B referred to his confiden- tial deferred prosecution agreement with the US. Attorney's Office, struck in September 2007, as "un- precedented" and "highly unusual." Attorneys for The Palm Beach Past as well as al- leged victims of Epstein's sexual advances sought to have the deal unsealed in state court. Colbath found that the proper. sealing procedures had not been followed by an earlier judge. "There is nothing more fundamentally important than for the public and press to observe how the government is doing its job," Post attorney Deanna Shullman has said. "There is great public interest in how everybody in this case is doing their job." According to various media accounts, Epstein moved in circles that in- cluded President Clinton, 4 An attorney's questioning of Epstein becomes personal. Donald 'frump and Prince Andrew. "International Moneyman of Mystery," declared a 2002 New York magazine profile of Ep- stein. He pleaded guilty in 2008 to procuring teens for prostitution and was sentenced to 18 months in jail, but allowed out ex- tensively for work release. Epstein was released in late July, after serving '13 months of the sentence. He now faces civil lawsuits filed by young women allegedly lured to his Palm Beach home and paid to perform massages and other acts. That civil litigation is. intensifying. This week, while Ep- stein was being deposed by attorney Spencer Kuvin, who represents an alleged victim identified only as "B.B.", Kuvin questioned Epstein about the shape of his genitalia and the deposition abruptly ended, according to a transcript. Kuvin has since made a motion in court to be able to inspect Epstein's genitalia. Kuvin said Thursday he seeks to corroborate a de- scription one woman gave Palm Beach police. Because Epstein is in- voking his right to remain silent in depositions, this is the only way to do it, Kuvin said. 'We want to corroborate what those girls saw,' Kuvin said. O susan_spencer wendel@ pbpost.com EFTA00233339 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. AGREED ORDER This cause came on to be heard upon the agreement of the parties, Jack Goldberger representing Jeffrey Epstein and -representing the State of Florida, and the Court being fully advised that the parties have reviewed both the plea agreement and the transcript of the plea conference in the Defendants case and have confirmed that the requirement of "mandatory public service" as a special condition of community control checked off on the Order Placing the Defendant on Community Control was due to a clerical error. Accordingly, it is hereby ordered and adjudged that the special condition of "mandatory public service" is deleted. The Court being further advised that the Order Placing the Defendant on Community Control did not address the Defendant's travel outside the State of Florida for work or business purposes and the parties desire to clarify that omission, it is hereby ordered and adjudged that the Defendant is authorized to travel outside the State of Florida for business and work purposes if allowed by his community control officer. At least 48 hours before the need to travel outside the State of Florida for work purposes the Defendant shall first obtain the permission of his community control officer and then follow any instructions or EFTA00233340 requirements imposed on him by his community control officer. DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida on this day of September, 2009. JEFFREY COLBATH Circuit Court Judge Copies: Jack A. Goldberger, Esquire ASA Department of Corrections EFTA00233341 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION "W" CASE NO. 502008CF00938IAXXMB 502006CF009454AXXMB STATE OF FLORIDA, vs. JEFFREY EPSTEIN, Defendant ORDER RELEASING DOCUMENTS UNDER SEAL THIS MATTER came before the Court as a result of the Fourth District Court of Appeal's per curiam affirmance of the trial court's order, wherefore it is ORDERED AND ADJUDGED that the documents referred to as A. "Non-Prosecution Agreement" filed under seal in the court file on July 2, 2008, B. "The Addendum to the Non-Prosecution Agreement" filed under seal in the court filed on August 25, 2008, shall be released. The Court notes that neither the Agreement nor the Addendum contain the names of any alleged juvenile victims. These documents will be released contemporaneously with this order. DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida this day of September, 2009. JEFFREY COLBATH Circuit urt Judge Copies furnished: R. Alexander Acosta, U.S. Attorney's Office - Southern District 500 South Australian Avenue, Suite 400 West Palm Beath, FL 33401 EFTA00233342 Page Two Case No. S02008CF009381AXXMB/502006CF0094S4AXXMB Order Releasing Documents Under Seal ., State Attorney's Office William J. Berger, Esq. Bradley J. Edwards, Esq. Rothstein Rosen(eldt Adler Robert O. Critton, Esq. Critton, turner & Coleman Jack A. Goldberger, Esq. oldber er & Weiss, P.A. Spencer T. Kuvin, Esq. Id-Kuvin, P.A. Deanna K. Shullman, -sq. EFTA00233343 A111-30-Z008(408) 10:06 P. 006/0'd I • IN RE: INVESTIGATION OF JEFFREY EPSTEIN NOIN:PROSECIPTION AGEEE8tENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Patrn Belch County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffry Epstein (hereinafter "Epstein"); ITAPPEARING that the State Attorney's Office has charged Epstein by indictmem with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United Stattz Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's teckground and any offenses thut may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: i (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title18,United States Code, Section 371; (2) (3) knowingly and wilfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, Urited States Code, Section 2423(e); using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title I R, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 § 2423(1), with minor females; in violation Page 1 of 7 EFTA00233344 106130-2008(014) I Or 06 P. 007/0I4 of Title 18, United States Code, Section 2423(b); and (5) lemwingly, in and affecting interstate and foreign commerce, retaining. enticing, and obtaining by any means a person, knowing that the person bad not attained the age of 16 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. §1591(c)(1); in violation of Title IS, United States Code, Sections 1591(a)(1) and 2; and rr APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein undo-Minds and acknowledges that, in exchange for the benefits provided by this agreement, he agrees lo comply with its terms, including undertakingcertain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both Stare rind Federal law enforcement agencies, raid after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth *below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein wi Wilily violated any of the conditions of this Agreement, then the United States Attorney may, within in'nety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a brtach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United Stares Attorney's Office, nor any offenses that arose from the Perim-al Grand Jwy investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 EFTA00233345 JO-30-2008(MON) 10:06 Terms of the Agreement: P. 008/Olt 1. Epstein shall plead guilty (not nolo contendere) to the indicanent as currently pending against him in the 15th Judicial Circuit in and for Palm Bench County (Case No. 2006-cl-009495AX/03M) charging one (1) count of solicitation of 'restitution, in violation of FL Salt § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation offloads StatutesSection 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withho/dingadjudiention or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a twat of twelve (12) months of community control consecutive to his two turns in county jail as described in Term 2(n), supra 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which arc set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional tenn(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth, in paraimiph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA00233346 JUN-30-2008(M0N) 10:06 • proposedagreementswiththe Stale Attorney's Office priorto entering into those agreements. 7 The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as 4-fined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Uponthe execution ofthis agrecsnent,the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attomeyrepresentative forthesepersons, who shall be paid For by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph. (7) sups, elect to Me suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction oftheUtrited States District Court fortbe Southern District *Merida over his person and/or the subject matter ,andEp stein waives bisrightto contemliability and also waives hi-slight to contest damages up to an ammmt as agreed to between the identified individual and Epstein, so long as the identified individual elects to ptocced exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damagas, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whom names appear on the list provided by theUnited States, Epstein's signature on this agreement his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this afire anent also is notto be construed as an admission of civil or criminal liability or a waiver of anyjurisdietional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who eJed to proceed exclusively under § 2255, as set forth paragraph (0, supra, neither Epstein's signature onthis agreement, nor its teens, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jarisdictional or other defense as to any person, whether or not her name appears oa the list provided by the United Slates. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 P. 009/014 EFTA00233347 ..1N- 30-2008180O 10:06 P. CI 0/014 serattemed not litter than October 26, 2007. The United States has no objection to Epstein self-reporting,ro_bcginsenang hic_senteset not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to pin time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the. United States' request, Epstein agrees to provide an accounting of the pin time be earned during his period of incarceration. 13. The patties anticipate that this agreement -will not be made part of any public record. If the United Stuns receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attomey's Office to abide by any testis of this agreement Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his bestefforts to ensure compliance with thesepareedures, whichcompliancewilt bettor:may to satisfy the United States' interest. Epstein also understands that it is lds obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions ti the United States also agrees that it will not institute any g but not limited t Further, upon execution of this agreement an a tit with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any tam of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash eensin grand jury subpoenas. Both parties agree to maintain their evidence, rpm, ificaEy evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolateuntil all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00233348 JUN-30-t008(MOH) 10106 P 011/014 By signing this ageernent, Epstein assets and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein finthcr is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a chargcto the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein bezebyrequests thattheUnitedStatmAttomcy forth:: South= District ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the dale of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemedto be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 45(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agree:mot and the breach of this agreement as to those offenses that were the subject of thc gaud jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendmmt and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must he charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a pmsec-ution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. 11f 'II /11 Page 6 of 7 EFTA00233349 JON-:30-2008O401O 10:06 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he enderstaads the conditions of this Non- Prosecution Agreement and agrees to comply with them. Dated: By: Dated: 772",,_. Dated: Dated: R. ALECANDER.ACOSTA UNITED STATES ATTO}WEY ASSISTANT U.S. ATTO GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY FESTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page? of 7 ro P. Olii014 EFTA00233350 J0*-30-2008(MON) 10:07 P. 013/Old By signing this agreement. Epstein asserts and certifiesthat the above has bean read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with then Dated: Dated: Dated: Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY BY: ASSISTANT U . Lg.LY ANN SANetrPt ESQ. ATTORNEY FOR JEFFREY EPSTEIN Pagel of 7 EFTA00233351 JUt'-30-2008(NON) 10:0? P.014/014 By signing this 38TCC333Cilt, Epstein melts and catifres that the above has been read and explained to him. Epstein bereby statcs that he understands the conchae= of thisN'on- Prosecution Agrectinent and agrees to comp)), with them. ALEXANDER ACOSTA MUTED STATES ATTORNEY Doted: Dated: Dated: Dated:q-M . BY: ASSISTANT . JEFFREY EPSTEIN GERALD LEECOGRT, ESQ. COUNSEL. TO JEPFREY BESTEDT • ESQ. ATTORNEY FORIERFREY EPSTEIN Page 7417 EFTA00233352 IN RE: INVESTIGATION OR JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7'), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the•attomey representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the foes and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00233353 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: ( 0/ 11/07 Dated: ERALD LEFCO RT ESQ. COUNSEL TO MEER Y EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00233354 THE PALM BEACH POST • SATURDAY, SEPTEMBER.19, 2009 Epstein's secret pact with feds reveals `highly unusual' terms Epstein Faces many civil lawsuits filed by some of the 30 to 40 women identified as victims in the federal investigation. By SUSAN SPENCER-WENDEI Palm Brock Post Staff Writer WEST PALM BEACH - A secret non-prosecution agreement multimillionaire financier Jeffrey Ep- stein struck with federal prosecutors is being called "highly unusual" by former federal prosecutors and downright outrageous by attorneys now represent- ing young women who serviced him. The deal reveals that the FBI and the US. At- torney's Office investigated him for several federal crimes; including engaging minors in commercial sex. The crimes are punishable by anywhere from 10 years to life in prison. But federal prosecutors backed down aixl agreed to recall grand jury subpoenas if Epstein pleaded guilty to prostitution-related felonies in state court, which he ultimately did. lie received an 18-month jail sentence, of which he served 13 months. See EPSTEIN, 12A ► EFTA00233355 Tension between prosecutors, police IP. EPSTEIN from IA The US. Attorney's Office also agreed not to charge any of Epstein's ' le •onspirators: in part by heavyweight New York cri mi nal defense attorney Gerald Lefcourt. Unsealed on Friday af- ter attorneys for some of Epstein's victims and The Palm Beath Post sought its release, it offers the first public look at the deal Epstein% high-powered , legal counsel brokered on his behalf. Mark Johnson of Stuart, a former federal prosecu- tor, described the dispar- ity in potential sentences ' as unusual, but even more so a provision on attorney payment. The first draft of the ent in September 261.ft:enquired that Epstein pay an attorney — tapped by the US. Attorney's Of- fice and approved by Ep- stein — to represent some of the victims. That attor-. ney is prominent Miami lawyer Bob Josefsberg. But an addendum to the agreement signed the following month struck Epstein% duty to pay Josefsberg if he and the victims did not accept settlements —' capped at $150,000 — and instead pursued lawsuits. Johnson said it appears the government was try- ing to balance the lesser sentence for Epstein with recovering $150,000 for each victim. "I've never, ever seen anything like that in my life," he said. "It's highly unusual." The deal does not say whether any victims were contacted or consulted be- fore the deal was made. Attorney Brad Edwards of Fort Lauderdale, who represents three of the young women, believes that none of the 30 to 40 women identified as vic- tims in the federal inves- tigation were told ahead of time. Edwards said his clients received letters from the US. Attorney's Office months after the deal was signed, assuring them Epstein would be prosecuted. "Never consulting the victims is probably the most outrageous aspect of it," Edwards said. "It taught them that someone with money can buy his way out of anything. It's outrageous and embar- rassing for United States Attorney's Office and the State Attorney% Office." . Epstein now faces many civil lawsuits filed by the women, who are represented by a variety of attorneys. In many, the allegations are the same: that Epstein had a predi- lection for teenage girls, identified poor, vulnerable ones and used other young women to lure them to his Palm Beach mansion. They walked away with between $200 and $1,000. Former Circuit Judge Bill Berger, also represent- ing victims, called the agreement a "sweetheart deal." "Why was it so impor- tant for the government to make this deal?" Berger asked rhetorically. "We have not yet had an hon- est explanation by any public official as to why it was made ... and why the victims were sold down the river." Former federal pros- ecutor Ryon McCabe de- scribed the agreement as "very unorthodox." Such agreements, he said, are usually reserved for corpo- rations, not individuals. "It's very, very rare. I've never seen or heard of the procedure that was set up here," said McCabe, who has no involvement in any Epstein litigation. "He% essentially avoid- ing federal prosecution because he ..can afford, to pay that many lawyers to help those victims review their cases. ... If a person has no money, he couldn't be able to strike a deal like this and avoid federal pros- ecution." The backroom deal with federal prosecutors is all the more interesting in light of the legal power- houses who have worked for Epstein, including Harvard professor Alan Dershowitz and Bill Clin- ton investigator Kenneth EFTA00233356 Starr. Lefcourt is a past president of the National Association of Criminal Defense Lawyers. Epstein's local defense aitorney, Jack Goldberger, issued a statement Fri- day saying he had fought the release of the sealed agreement, to protect the third parties named there. "Mr. Epstein has fully abided by all of its terms and conditions. I-fe is look- ir%forward to putting this difficult period in his life behind him. lie is con- tinuing his long-standing history of science philan- thropy." The investigation trig- gered tensions between police and prosecutors, with then-Palm Beach Chief Michael Reiter say- ing in a May 2006 letter to then-State Attorney Barry Krischer that the chief prosecutor shoukl disqualify himself. continue to find your office's treatment of these cases highly unusual," Re- iter wrote. He then asked for and got the federal investigation that ended in the sealed deal. "The Jeffrey Epstein matter was an experience of what a many-million- dollar defense can accom- plish," Reiter told the Palm Beach Daily Nem upon his retirement. e Susan_spencer wendei apbposi.com Former Judge Bill Berger, representing victims, called the agreement a 'sweetheart deal.' .MRoeraed otht Epstein agreetnt that Was unsealed Friday. la Get past coverage on the the Jeffrey Epstein case. PalmGeachPost.com/epsteth • See video of Epstein being questioned about his manhood. Page2lIve.com EFTA00233357 12A THE PALM BEACH POST • TUESDAY. SEPTEMBER 22.2009 The Palm Beach Post TIM BURKE, Executive Editor RANDY SCHULTZ Editor of the Editorial Page Sleazy perp, sleazier deal On the second page of the secret deal between federal prosecutors and Jeffrey Epstein, we read that the agreement will serve the interests of "the United States, the State of Florida, and the Defendant? Wrong on the first two, right on the third. Until Friday, the public didn't know the terms of the deal that finalized the case of the Palm Beacher who arranged to have girls brought to his house for sex and massages. Only Epstein% platoon of lawyers, the US. Attorney% Office Epstein for the Southern District • of Florida and the Palm Beach County Clare Attorney's Office knew the details. And now we know why the perpetrators of this outrage didn't want the public to know. The deal is an indictment of a system that did much more for a criminal than for his victims. Jeffrey Epstein — officially a registered sex offender but in plain terms a pervert — escaped what should have been serious prison time. Instead, the fed- eral deal allowed him to plead guilty to light charges in state court. He spent just 13 months — nights only — in the Palm Beach County Jail. Meanwhile, the government tried to help Epstein buy off the young girls whom Epstein had exploited. Several of those girls have filed civil suits against Epstein. (Their lawyers and lawyers for The Post sued to make the plea deal public) In the agreement, the government proposes to identify all the alleged victims and steer them to a lawyer, whose ex- penses Epstein would pay. In return, however, the victims would withdraw all lawsuits from state court and agree to a settlement in federal court of no more than $150,000 each. Even then, of course, Epstein would not acknowledge any "liability" Government acted like Epstein's go-betweens. The agreement thus placed the Department of Justice in a role simi- lar to those of the four women who procured girls for Epstein. If there's a precedent in this or any of the other 92 United States attorney% offices, we'd like to hear it. Not surprisingly, R. Alexander Acosta also agreed not to prosecute those women. If the outcome is frustrating, so is the lack of accountability. Mr. Acosta's name is on the deal, but he's now the dean of Florida International University% law school. A call to his office for comment Monday was not returned. The name of Assistant US. Attorney A. Marie Villafana is on the deal. She still works as a federal prosecutor in West Palm Beach, but Alicia Valle, the office's special coun- sel, said in an e-mail, "We cannot comment on your questions." Didn't she really mean tall not? This case got into the federal system because former Palm Beach Police Chief Michael Reiter believed that Palm Beach County State At- torney Barry Krischer wasn't moving aggressively enough. Mr. Krischer retired last year. The assistant state attorney who oversaw the race is no longer with the office. At this point, the public must hope that the civil suits suck as much money from Epstein as possible. Money seems to be all that he understands. Also, Jef- frey Simian is serving as the acting US. attorney for the Southern District of Florida until President Obatua nomi- nates a permanent replacement for confirmation by the Senate. It would be good to know that whoever follows Mr. Acosta is on record that the Jeffrey Epstein deal did not serve the interests of the United States. TALK BACK! How much of a break did the system give Jeffrey Epstein? http://blogs.Pal mBeachPost.corn/opinionzono EFTA00233358 M A N D A T E from DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT This cause having been brought to the Court by appeal, and after due consideration the Court having issued its opinion; YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause as may be in accordance with the opinion of this Court, and with the rules of procedure and laws of the State of Florida. WITNESS the Honorable Robert M. Gross, Chief Judge of the District Court of Appeal of the State of Florida, Fourth District, and seal of the said Court at West Palm Beach, Florida on this day. DATE: CASE NO.: COUNTY OF ORIGIN: T.C. CASE NOS.: STYLE: ORIGINAL TO: cc: Barbara J. Compiani Deanna K. Shullman Spencer T. Kuvin Michael J. Pike September 18, 2009 4D09-2554 Palm Beach 502006CF009454AXXMB and 502008CF009381AXXMB JEFFREY EPSTEIN STATE OF FLORIDA, ET AL. t 41414 Aterea/vhbaeth t MARILYN BEUTTENMULLER, Clerk Fourth District Court of Appeal Sharon R. Bock, Clerk Jane Kreusler-Walsh Diana Martin State Attorney-P.B. James B. Lake Jack A. Goldberger William J. Berger Bradley J. Edwards R. Alexander Acosta Robert D. Critton, Jr. U.S. Attorney'S Office Rebecca Mercier Vargas kg EFTA00233359 THE PALM BEACH POST • FRIDAY, SEPTEMBER 18, 2009 ti)t'TjM ... Just don't ask millionaire Palm Beach sex offender Jeffrey Epstein about his pri- vates. Local attorney Spencer Kurth did dur- ing a deposition Sept. 2, and Epstein walked out— 100 seconds after it started. And it was all caught on a video posted on Page 71ea% online sister, page2live.com. Epstein did answer the first question: "What is your name?" But he balked at the sec- ond: "Is it true that ... you have an egg-shaped penis?" Epstein took off his microphone and left. And it cost the Wall Street prodigy Epstein: He was fined Epstein $800 by the West Palm Beach court currently hearing civil lawsuits filed by women whom Ep- stein paid for sex when they were underage. "It absolutely was an im- portant question," said Kuvin. "If he claims to have never met them, then we should know whether the victim is telling the truth."The deposition has been reset for Oct. 8, and Epstein should expect the same question ... Burt Reynolds was back in rehab Thursday. It was just for a daylong refresher at the Hanley Center in WPB. Reynolds, 73, admitted himself at Hanley for a 30-day program in mid-August and was released last week. He admitted to battling an addiction to pain pills ... WEST PALM BEACH -- Finan- cier and sex offender Jeffrey Epstein's secret deal struck with federal prosecutors Is due to be released to the pubik today. Circuit Judge Jeffery Colbath ruled the document was improp- erly sealed and should be released, and an appellate court agreed. Under the deal, Epstein avoided fed- eral charges and pleaded guilty in state court to fFlorn, solicitation of pros- titution and procuring a person under the age of 18 for prostitution. In July 2008, he was sentenced to 18 months in jail and later allowed out up to six days a week on work release. He now faces at least 20 civil lawsuits filed by women who say they were victims. EFTA00233360 THE PALM BEACH YOST • FRIDAY, UNE 26.2009 Judge agrees Epstein's sex By SUSAN SPENCER-WENDEL Palm Rear* Past Stqff Writer WEST PALM BEACH — A circuit judge agreed Thursday to unseal a deal billionaire Jeffrey Epstein struck with federal pros- ecutors to avoid their fil- ing of charges in the wake of his sex scandal with underage girls. Circuit Judge Jeff Col- bath said he would not re- lease Epstein% agreement with federal prosecutors until Monday, allowing him time to redact the to unseal scandal deal Epstein names of vic- tims. Colbath ruled that the deal had not been sealed properly. Jack Goldberger, Epstein% at- torney, immediately asked for a stay of Colbath% deci- sion to unseal the agree- ment in order to appeal it. A hearing on that request is set for this morning See EPSTEIN, 5B to Epstein scheduled fbr release in July 00. EPSTEINfrom 113 Attorneys for women now suing Epstein, as well as attorneys for The Palm Beach Post, had asked Col- bath to release the deal, arguing the pUblic and the victims have a right to see it. "There is nothing more fundamentally important than for the public and press to observe how the governntent is doing its job," IS attorney Deanna Shullman said. "There is great public interest in how everybody in this rage is doing their job." Goldberger argued that the confidential agreement Epstein struck with federal prosecutors should remain confidential. Included in it, Goldberger said, are ref- erences to federal grand jury proceedings, which are secret and protected by federal rules. A federal judge should decide the issue, he said. Attorneys Spencer Kuvin and Brad Edwards, who represent some of the women now suing Epstein, both said they were 'not surprised by Epstein% at- torney moving to appeal "Any chance to stall in any way and keep the agreement out of public disclosure, they will take it," said Edwards outside court. He will have served about 13 months of an 18-month sentence. Epstein pleaded guilty nearly one year ago to solicitation of prostitution and procuring teenagers for prostitution and was sentenced to 18 months in prison. A sheriff§ office official confirmed Thursday that Epstein will be release( from the Palm Bead County Stockade on Jul- 22 — nearly 13 month into his sentence. Sheriff's office spoke person Eric Davis sa' Epstein has earned ga time for good behavi and for participating in work-release program. The began ye; ago aftesraglm Beach lice began investigati reports that young won were being brought to manse on El Brillo Wa; massage him and have with him in exchange money. Displeased with way the state atton office handled the t Palm Beach police forwarded informatk the Federal Bureau vestigation. O susall -50encel wade( Opbbpost.com EFTA00233361 Akerman Senterfitt Re: Jeffrey Epstein Dear Judge Davis: ). MICHAEL BURMAN. PA" GREGORY W. COLEMAN. M. ROBERT D. CRITTON4IL. PA ' BERNARD A. LEBEDEKER MARK T. LUTTIER. PA. MICHAEL ). PIKE MICHAEL L. SCHEVE DEAN T. XENICK DAVID A. YAREMA I t LORIDA BOARD CERTNIED CIVIL TRIAL LAWYER 2ADmITTED TO PRACTICE IN FLORIDA AND COLORADO BURMAN, CRITTON LUTTIER&COLEMAN,LLP YOUR TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP May 25, 2010 Honorable Edward B. Davis Sent by email and by U.S. Mail to Judge Davis only ADELQVI J. BENAVENTE PARAUGAtliNVESTIGATOR JESSICA CADWELL BOBBIE M. MCKENNA ASHLIE STOKEN•BARING BETTY STOKES PARALEGALS RITA H. BUDNYK OF COUNSEL EDWARD M. RICCI Of COUNSEL We are in receipt of Mr. Josefsberg's letter to you dated May 21, 2010. We confirm that Mr. Epstein settled each and every case brought by the attorney-representative selected by you. We write this response only to advise you that Mr. Epstein has never refused to pay reasonable settlement-related fees that are within the scope of the NPA. He has already paid the attorney-representative $526,000. The attorney-representative has not yet presented him with a final invoice for settlement-related work. The incomplete invoices that have been presented seek $2,000,000 in additional fees. Mr. Epstein has been advised by his attorneys that the requested fees include duplicative work, charges that relate to preparation for litigation not settlement (thus outside his NPA-fee obligations) and charges that are unreasonable and that should be reviewed by a Court rather than simply paid without meaningful review. A significant amount of the total fees (over $1,000,000) is for legal work that the invoices document were done by two outside attorneys who are not even attorneys with the Podhurst Orseck, P.A. law firm. Mr. Epstein's disputes the necessity for and redundancy of these charges. We respect Your Honor's selection and regret that the issue of disputed fees has resulted in litigation. Mr. Epstein is committed to paying whatever fees and costs are determined by the EFTA00233362 May 25, 2010 Page 2 Court to be his obligation, if any, but he is not required to simply write a blank check. I have filed a motion in the case pursuant to F.R.Civ.P. 67, to allow him to deposit $2,000,000 in Trust with the Court pending the outcome of the Complaint which confirms his commitment. Cordially yo Rob D. Critton, Jr. RDC/JPL:ab Cc AUSA - , AUSA — Jack Goldberger, Esq. Robert Josefsberg, Esq EFTA00233363 1 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT 2 IN AND FOR PALM BEACH COUNTY, FLORIDA 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 OF 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 & WEISS,P.A. 18 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE 20 21 CERTIFIE D 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 EFTA00233364 2 1 BE IT REMEMBERED that the following 2 proceedings were had in the above-entitled cause 3 before the HONORABLE DEBORAH DALE PUCILLO, one of 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, OFFICIAL COURT REPORTER EFTA00233365 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 so 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, OFFICIAL COURT REPORTER EFTA00233366 3 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? 14 MS. BELOHLAVEK: Correct. 15 THE COURT: In case 2006036744 you 16 are charged with procuring a person under 17 18 for prostitution, a second degree 18 felony, maximum penalty of fifteen years 19 Department of Corrections; minimum, some 20 period of probation. No mandatory minimum 21 apply, is that correct, State? 22 MS. BELOHLAVEK: Correct. 23 THE COURT: And in case number 06 24 9454CF, you are charged with felony 25 solicitation to prostitution, a third PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233367 5 1 client to community control, sex offender 2 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 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 23 for one day served. And the six month 24 sentence is to be served consecutive to the 25 12 month sentence? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233368 6 1 MS. BELOHLAVEK: Correct. 2 THE COURT: Following the six months 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 defendant 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 20 statute, a copy of which is attached hereto 21 and incorporated herein. The defendant 22 must provide a DNA sample in court at the 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, OFFICIAL COURT REPORTER EFTA00233369 7 1 squiggles on the bottom of the page, what 2 would those squiggles be? 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 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? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233370 8 1 THE DEFENDANT: Yes. 2 THE COURT: And is this your 3 signature on the plea sheet that recites 4 the terms of the plea I just read? 5 THE DEFENDANT: Yes, ma'am. 6 THE COURT: Did you read that 7 document as well? 8 THE DEFENDANT: Yes, ma'am. 9 THE COURT: You understand once you 10 do your 12 months followed by your six 11 months all in the Palm Beach County jail 12 you will then be put on community control 13 which involves having an electronic monitor 14 attached to you and -- 15 MR. GOLDBERGER: Actually Your Honor, 16 the agreement of the parties is to, it's 17 community control one which is not monitor. 18 THE COURT: Oh, community control 19 one, is that spelled out in here? 20 MS. BELOHLAVEK: Yes. 21 MR. GOLDBERGER: Yes, it is, Your 22 Honor. 23 MS. BELOHLAVEK: He does not fall 24 under the Jessica Lunsford Act which 25 requires the bracelet. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233371 9 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? 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 17 community control and out of an abundance 18 of caution, we simply memorialized those 19 standard conditions in the plea sheet 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 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233372 10 1 probation officer, specified by who? 2 PROBATION OFFICER: Specified 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 6 questions. No one has specified how often, 7 how frequently he is to have contact with 8 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 14 Judge McSorley has a standard order 15 somewhere on the bench up there regarding 16 this, I'm told by the prosecutor. 17 MS. LENHARDT: Judge, usually this is 18 the probation sheet she hands out to folks. 19 THE COURT: I have seen those 20 sheets -- I have seen them incorporated in 21 plea agreements which is why I'm asking. 22 MR. GOLDBERGER: I see. 23 THE COURT: Is there some reason you 24 didn't use this particular document in this 25 case? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233373 11 1 MS. BELOHLAVEK: I didn't realize 2 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 MR. GOLDBERGER: That makes sense. 17 THE COURT: I'm not going to leave 18 this just unspecified. 19 MS. BELOHLAVEK: We can take care of 20 that right now if you could give us a few 21 minutes. 22 THE COURT: All right. 23 These are the standard conditions 24 that Judge McSorley normally uses. If you 25 like them, you need to circle the ones that PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233374 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: Absolutely. 22 THE COURT: Okay. 23 MR. GOLDBERGER: We will work on it. 24 Thank you, Your Honor. 25 THE COURT: We will recall that case. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233375 13 1 (Brief recess.) 2 MR. GOLDBERGER: 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. 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 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233376 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 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 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233377 15 1 conditions, A, you will remain confined to 2 your residence except one half hour before 3 and after your approved employment, 4 community service work or any other 5 activity approved by your probation 6 officer. 7 B, you will maintain an hourly 8 accounting of all your activities on a 9 daily log which you will submit to your 10 supervising officer upon request. 11 My understanding about the daily 12 log, maybe I'm just confused from other 13 cases I've heard, is the daily log is a 14 weekly log, I guess it is submitted ahead 15 of time, is that correct? 16 PROBATION OFFICER: That is correct, 17 Your Honor. 18 THE COURT: So part A, where he has 19 to stay in his residence except for one 20 hour before and after the approved 21 employment, community service work and 22 other activity. All that's information 23 that will be recorded in writing and the 24 defendant will have a copy and he will know 25 exactly where he is supposed to be when. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233378 16 1 PROBATION OFFICER: That is correct, 2 Your Honor. 3 THE COURT: As will his supervising 4 probation officer. And then to document 5 that he's supposedly done all that he 6 himself will be keeping a daily log? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: And the log form will be 10 provided by the department and he will be 11 turning that in every time he meets with 12 the probation officer? 13 PROBATION OFFICER: That is correct, 14 Your Honor. 15 THE COURT: Okay. So that applies 16 and F applies. Does E apply? No. 17 MS. BELOHLAVEK: Did I circle E? 18 THE COURT: No. F -- made one up, 19 the defendant will be residing at 358 El 20 Brillo Way, Palm Beach, Florida, 33480. He 21 knows now that that's where he will be 22 living when he is released after his 12 23 months and six months. 24 MR. GOLDBERGER: That is correct, 25 Your Honor. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233379 17 1 THE COURT: That's a private 2 residence? 3 MR. GOLDBERGER: That is his home. 4 THE COURT: Does he own the S residence? 6 MR. GOLDBERGER: He does, Your Honor. 7 THE COURT: Is there any possibility 8 that he no longer owns the residence? 9 MR. GOLDBERGER: Not anticipated, 10 Your Honor. 11 THE COURT: Okay. Should he not be 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 18 assume that the department will be notified 19 prior to, to his release? 20 PROBATION OFFICER: That is correct, 21 Your Honor. 22 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 25 verify his address and employment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233380 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 25 being at home in house from 10 p.m. to 6 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233381 19 1 a.m., is that correct? 2 MS. BELOHLAVEK: Yes. 3 THE COURT: If the victim was under 4 age of 18 years which I gather is the case 5 because it's circled, you shall not live 6 within 1000 feet of a school, day care 7 center, park, playground or other place 8 where children regularly congregate. 9 Has someone verified that 358 El 10 Brillo is such a place? 11 MS. BELOHLAVEK: No, but that will be 12 done prior to his release. 13 THE COURT: So 358 El Brillo will not 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 19 gather. 20 THE COURT: Where children regularly 21 congregate. 22 MS. BELOHLAVEK: Right. 23 THE COURT: The Court knows 358 El 24 Brillo Way is a residential neighborhood, 25 are there areas there where children PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233382 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 25 telephone calls, no voice mails, no PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233383 21 1 messages through carrier pigeon, no 2 messages through third parties, no hey 3 would you tell so and so for me, no having 4 a friend, acquaintance or stranger approach 5 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, 9 unless approved by the victim, the 10 therapist and the sentencing court. Okay. 11 THE DEFENDANT: I understand. 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 22 program. So, is this sex offender program 23 becoming a condition of probation? 24 MS. BELOHLAVEK: That is not. I 25 don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233384 22 1 THE COURT: You did. 2 MR. GOLDBERGER: That's a mistake on 3 our part. Actually the statute that he is 4 pleading guilty to does not require the S 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 11 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. 17 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? 20 MS. BELOHLAVEK: That is correct, I 21 don't. 22 THE COURT: So it is just your 23 judgement -- 24 MS. BELOHLAVEK: Correct. 25 THE COURT: -- that his treatment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233385 23 1 with some fancy private psychiatrist or 2 psychologist in his case is okay? 3 MS. BELOHLAVEK: That is correct. 4 THE COURT: So you are not imposing 5 E? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: F, 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 15 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 EFTA00233386 24 1 THE DEFENDANT: Yes, ma'am. 2 MR. GOLDBERGER: Your Honor, I'm 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 EFTA00233387 25 1 signed them thoroughly. 2 Unless otherwise indicated in the 3 treatment plan. I'm just going to strike 4 out, provided by the sexual offender 5 treatment program. Is that what you 6 intend, that his therapist can -- 7 MS. BELOHLAVEK: 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 -- 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? 23 MS. BELOHLAVEK: The community 24 control officer. 25 THE COURT: How? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233388 26 1 MS. BELOHLAVEK: They have the 2 obligation and included in there for 3 warrantless search to check at any time his 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 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233389 27 1 at a minimum one time a week. 2 Defendant to work at Florida 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 501C 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 programs 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 EFTA00233390 28 1 THE DEFENDANT: President. 2 THE COURT: Is there a board of 3 directors? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: Who's on the board of 6 directors? 7 THE DEFENDANT: Two attorneys. 8 THE COURT: What exactly do you do? 9 THE DEFENDANT: I'm an investment 10 banker but my -- 11 THE COURT: No, no, I mean with the 12 science foundation. 13 THE DEFENDANT: We fund 14 science programs -- 15 THE COURT: I don't want to know what 16 we do, I want to know what you do. How 17 often are you there? 18 THE DEFENDANT: I'm there every day, 19 I research, I take in people who want to 20 make presentations about why they need 21 money for funding medical research, 22 advanced science research. My background 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 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233391 29 1 basis with what they have been given money 2 to do. 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 THE 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 EFTA00233392 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, OFFICIAL COURT REPORTER EFTA00233393 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? 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 17 you agreed. 18 Mr. Epstein, do you understand 19 this is a somewhat complicated terms of the 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 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233394 32 1 you choose -- or defense and the State 2 together, why twelve months in the 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. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233395 33 1 THE COURT: Do you understand you 2 will be required to register and this will 3 be an ongoing life long obligation? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: And this registration 6 occurs when? 7 MS. BELOHLAVEK: Within 48-hours of 8 release. 9 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, OFFICIAL COURT REPORTER EFTA00233396 34 1 he has to do is the official State of 2 Florida registration? 3 MS. BELOHLAVEK: 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 8 live and abide by the laws. So if a 9 jurisdiction you choose to reside in should 10 have some additional municipal requirements 11 you will be required in order to comply 12 with the law of living there, just like you 13 can't get a parking ticket or speeding 14 ticket, to comply with those regulations 15 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. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233397 35 1 THE COURT: And if my experience the 2 last few months is of any value, they 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. 12 THE COURT: Okay. Any questions 13 about that? 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 EFTA00233398 36 1 THE DEFENDANT: No, ma'am. 2 THE COURT: Normally taking 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 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 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 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233399 37 1 could subject you to deportation pursuant 2 to the laws and regulations governing the 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? 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 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. DAMES, OFFICIAL COURT REPORTER EFTA00233400 38 1 on that, Your Honor? 2 THE COURT: It is going to be 3 recorded. 4 MR. GOLDBERGER: That's fine. 5 THE COURT: Defendant needs to 6 approach as well. 7 (whereupon, there was a conference at 8 the bench.) 9 MR. GOLDBERGER: The reason why I 10 asked to come sidebar, there is a 11 nonprosecution agreement with the United 12 States Attorney's office that triggers as a 13 result of this plea agreement. In other 14 words, they have signed off and said they 15 will not prosecute Mr. Epstein in the 16 Southern District of Florida for any 17 offense upon his successful taking of this 18 plea today. That is a confidential 19 document that the parties have agreed to. 20 Just in an abundance of caution, I wanted 21 to tell the court. 22 THE COURT: I understand, that would 23 also be invalidated should he violate his 24 community control? 25 MR. GOLDBERGER: Absolutely. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233401 39 1 nonprosecution agreement -- 2 MS. BELOHLAVEK: They spell all that 3 out. 4 THE COURT: Mr. Epstein needs to come 5 closer. 6 Mr. Epstein, your attorney has 7 told me that in addition to everything, we 8 talked about another Inducement, shall we 9 say, to your taking this plea is that the 10 U.S. Attorney for the Southern District of 11 the State of Florida, federal prosecutor, 12 has agreed to a nonprosecution agreement 13 with you, meaning that if you successfully 14 complete probation and do everything you're 15 supposed to, they have, have agreed not to 16 prosecute you federally, did you understand 17 that? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: And I would view that as 20 a significant inducement in accepting this 21 plea. 22 MS. BELOHLAVEK: They are actually in 23 court here today, also. 24 THE COURT: Okay. 25 MR. GOLDBERGER: And the plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233402 40 1 agreement very carefully spelled out if 2 there was a breach that would violate this 3 agreement, so we are well aware of it. 4 THE COURT: Okay. I would request 5 that a sealed copy of that Mr. Epstein 6 has signed that document? 7 MR. GOLDBERGER: Yes, I would like to 8 seal the copy. 9 THE COURT: I want a sealed copy of 10 that filed in this case. That is the only 11 other condition of the agreement that is 12 influencing this defendant to make this 13 decision? 14 MR. GOLDBERGER: Absolutely. I think 15 that's the right idea. 16 (Return to open court.) 17 THE COURT: Mr. Epstein, is there 18 anything else? 19 THE DEFENDANT: No, ma'am. 20 THE COURT: Because I don't take 21 these pleas unless they are freely and 22 voluntarily made. 23 THE DEFENDANT: I understand that. 24 THE COURT: I also don't want 25 somebody or anybody coming back a year, PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233403 41 1 two years from now saying, oh no, no, they 2 beat me over the head or if there is 3 anything else that is influencing you to 4 make this decision, then I need to know 5 about it. 6 THE DEFENDANT: I understand that. 7 MR. GOLDBERGER: Thank you. 8 THE DEFENDANT: Thank you very much, 9 Your Honor. 10 (Return to open court.) 11 THE COURT: All right, Mr. Epstein, 12 any questions about the rights you are 13 giving up by entering this plea? 14 THE DEFENDANT: No ma'am. 15 THE COURT: State, please give me a 16 factual basis. 17 MS. BELOHLAVEK: In 069454 CF AMB, 18 between August 1, 2004 and October 31, 19 2005, the defendant in Palm Beach County 20 did solicit or procure someone to commit 21 prosecution on three or more occasions. 22 And in 08 CF 9381 CF AMB between 23 August 1, 2004 and October 9, 2005, the 24 defendant did procure a minor under the age 25 of 18 to commit prostitution in Palm Beach PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233404 42 1 County also. 2 THE COURT: I find a sufficient 3 factual basis to support the pleas. 4 Are all of the victims in both of 5 these cases in agreement with the terms of 6 this plea? 7 MS. BELOHLAVEK: I have spoken to 8 several myself and I have spoken to 9 counsel, through counsel as to the other 10 victim, and I believe, yes. 11 THE COURT: And with regard to the 12 victims under age eighteen, is that 13 victim's parents or guardian in agreement 14 with the plea? 15 MS. BELOHLAVEK: That victim is not 16 under age 18 any more and that's why we 17 spoke with her counsel. 18 THE COURT: And she is in agreement 19 with the plea? 20 MS. BELOHLAVEK: Yes. 21 THE COURT: And community control 22 will be given information concerning how to 23 contact these victims? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: Confidentially. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233405 43 1 information will not be related to the 2 defendant but will be used exclusively for 3 purposes of verifying compliance with this 4 agreement? 5 MS. BELOHLAVEK: Yes. 6 THE COURT: Is there anything else 7 from anybody else before I accept this 8 plea? 9 MR. GOLDBERGER: No, Your Honor. 10 THE COURT: Mr. Goldberger, if it is 11 your desire, you may enter your client's 12 plea. 13 MR. GOLDBERGER: Thank you, Your 14 Honor, at this time we would withdraw our 15 previously entered pleas of not guilty, 16 enter pleas of guilty pursuant to 17 negotiations with the State. 18 THE COURT: Mr. Epstein, I am going 19 to accept those pleas on your behalf. I 20 find you are intelligent, alert, you 21 understand what is going on here and the 22 consequence of entering this plea, you are 23 doing it freely and voluntarily. 24 Pursuant to the plea, I am waiving 25 a PSI, I will sentence you at this time PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233406 44 1 pursuant to it. I will adjudicate you 2 guilty of felony solicitation of 3 prostitution, a third degree felony, case 4 number 06 CF 00945A -- 454 AMB, and 5 procuring a person under 18 for 6 prostitution, a second degree felony 08 CF 7 009381AMB. 8 With respect to the solicitation 9 of prosecution, I will sentence you to 10 twelve months in the Palm Beach County 11 detention facility with credit for the one 12 day served. 13 With respect to 08 CF 009381, I 14 will sentence you to six months in the Palm 15 Beach County detention facility, with 16 credit for the one day served. That six 17 month sentence is to be served consecutive 18 to the twelve month sentence. 19 Following the six month sentence 20 you will be placed on 12 months of 21 community control. That will be on both 22 cases, I assume, to run concurrently, 23 correct? 24 MS. BELOHLAVEK: Only on the 08 case. 25 THE COURT: Only on the second degree PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233407 45 1 felony? 2 MS. BELOHLAVEK: Correct, the one 3 that designates him a sexual offender. 4 THE COURT: Okay. So only on case 5 number 08 CF 009381AMB will you be on one 6 year community control which would then 7 invoke a potential penalty of fifteen years 8 were you to violate. 9 The special conditions are that 10 you are to have no unsupervised contact 11 with minors and the supervising adult must 12 be approved by the Department of 13 Corrections. You are to be designated a 14 sexual offender pursuant to Florida Statute 15 943.0435 and you must abide by all 16 requirements of that statute which I have 17 read and we have discussed. 18 You will remain confined to your 19 residence except one half hour before and 20 after your approved employment, community 21 service work or other activities approved 22 by your probation officer. You will 23 maintain an hourly accounting of all your 24 activity on a daily log which you submit to 25 the supervising officer upon request. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233408 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You will be residing at 358 El Brillo Way, Palm Beach, Florida 33480. Should you desire to move or go to a different location upon release from custody, you will get preapproval of that location from the Department of Corrections. You will have to contact your community control officer a minimum of once a week, it can be more often at their discretion and you are to work at the Florida Science Foundation at 250 Australian Avenue in West Palm Beach, Florida. You will submit to a mandatory curfew of 10 p.m. to 6 a.m. You shall not live within a thousand feet of a school, day care center, park, playground or other place where children congregate. any contact with the indirectly including You shall not have victims, directly or through a third person unless approved by victim's therapist and the sentencing court. You shall not work for pay or as a volunteer at any school, day care center park, play ground, other place where PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233409 47 1 children may congregate. You shall not 2 view, own or possess any obscene 3 pornographic or sexually stimulating or 4 visual, auditory material including 5 telephone, electronic media, computer 6 programs, computer services that are 7 relevant to deviant behavior. 8 You shall submit two specimens of 9 blood to Florida Department of Law 10 Enforcement to be registered with the DNA 11 data bank. You shall submit to a 12 warrantless search by the probation officer 13 or community control officer of your 14 person, residence or vehicle. 15 You shall maintain a driving log. 16 You shall not drive a motor vehicle while 17 alone without prior approval of the 18 supervising officer. 19 You shall submit to, at 20 probationer or community control expense a 21 HIV test, the result of which is to be 22 released to the victims or victim's parent 23 or guardian. That has to be done within 48 24 hours. 25 You shall not obtain or a use post PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233410 48 1 office box without the prior approval of 2 the supervising officer. 3 MS. BELOHLAVEK: You forgot one that 4 you may not possess, own or view sexually 5 stimulating -- I don't believe you read 6 that outloud just now. 7 THE COURT: Yes, I did. 8 MS. BELOHLAVEK: I'm sorry, I didn't 9 hear it. I just wanted to make sure. 10 THE COURT: And the warrantless 11 search by the community control 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 18 luck. 19 MR. GOLDBERGER: Thank you. 20 MS. BELOHLAVEK: Thank you. 21 THE COURT: Is there a judgment? 22 MR. GOLDBERGER: Yes, there should be 23 judgments. 24 THE COURT: Was there a condition of 25 community control that he pay or is he PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233411 49 1 paying it? 2 MR. GOLDBERGER: Actually there is a 3 cash bond posted, court cost can be 4 deducted from the cash bond. 5 THE COURT: $574 is the total? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: Is that to cover both 8 cases? 9 MR. GOLDBERGER: Yes. 10 THE COURT: Thank you. 11 MR. GOLDBERGER: Thank you, Your 12 Honor. 13 (whereupon, at 9:48 o'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 EFTA00233412 50 1 CERTIFICATE 2 3 THE STATE OF FLORIDA, 4 COUNTY OF PALM BEACH. 5 I, PHYLLIS A. DAMES, Official Court 6 Reporter for the Fifteenth Judicial Circuit, 7 Criminal Division, in and for Palm Beach County, 8 Florida; do hereby certify that I was authorized 9 to and did report the foregoing proceedings before 10 the Court at the time and place aforesaid; and 11 that the preceding pages numbered from 1 through 12 49, inclusive, represent a true and accurate 13 transcription of my stenonotes 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 PHYLLIS A. DAMES 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00233413 “rbIBy iNeann7X] 2H |} Fe ocd EFTA00233414 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (I) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(6); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(O, with minor females; in violation Page 1 of 7 EFTA00233415 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of IL Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 EFTA00233416 Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495/VOCXNEB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA00233417 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA00233418 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal char es a ainst an otential co-cons irators of E stein including but not limited t Further, upon execution o rs agreement and a plea agreement with the tate ttorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00233419 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. //I /// /// Page 6 of 7 EFTA00233420 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that be understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated: ra,, Dated: Dated: By: ASSISTANT U.S. ATTORNEY GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00233421 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. It ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSIS FAN I U.S. ATTORNEY Dated: Dated: 7 J9- `t' 0 7 Dated: JEFFREY EPSTEIN RALD LEFCOUR ESQ. (Th OUNSEL TO JEFFR .Y EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00233422 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated: Dated: Dated:÷A cR- By: ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN A ESQ. ATTORNEY FOR JEFFREY EPSTEIN Pap 7 of 7 EFTA00233423 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as fo I lows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 713. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00233424 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby, states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. K. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated; /4 74 Dated: Dated: By: ASSISTANT U.S. ATTO GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY POR JEFFREY EPSTEIN EFTA00233425 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated: Datcd Dated: By: 11.0 10 J /VI U.O. rl I I %/RING T JEFFREY EPSTEIN ERALD LEFCO RT ESQ. COUNSEL TO JEFFR Y EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00233426 r By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: Dated: fr 23 ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANNSANCHEZ, ES ATTORNEY FOR JEFFREY EPSTEIN EFTA00233427 U.S. Department of Justice United States Attorney Southern District of Florida R ALEXANDER ACOSTA UNITED STATES ATTORNEY DELIVERY BY FACSIMILE Lilly Ann Sanchez Fowler White Burnett, PA Re: Jeffrey Epstein Dear Ms. Sanchez: 99 N.E 4 Steen Mani, FL .11131 (305)961-9100 • Telephone (105)510.6444 • Focsonde December 19, 2007 I write to follow up on the December 14" meeting between defense counsel and the Eps 'n prosecutors, as well as our First Assistant, the Miami FBI Special A ent in Ch e and mysel . 2 Section 2255 provides that: "Itt]ny person who, while a minor, was a victim of a violation of [enumerated sections of Title IS) and who suffers personal injury as a result of such violation ... may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee." EFTA00233428 With this in mind, l have considered defense counsel arguments regarding the Section 2255 portions of the Agreement. As I previously observed, our intent has been to place the victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the intent. During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as l wrote previously, appear far from simple to understand. I would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple fashion. I would replace Paragraphs 7 and 8 with the following language: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the panics to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 2 EFTA00233429 1111111111111 Sinccrcly, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 3 EFTA00233430 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (I) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 7 EFTA00233431 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below, If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 EFTA00233432 Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXN113) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA00233433 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, atter Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA00233434 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommcndation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against an potential co-conspirators of including but not limited Further, upon e ecution o agreement and a plea agreement with the State ttorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00233435 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. //I /// //I Page 6 of 7 EFTA00233436 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: 77a9-- Dated: Dated: ASSISTANT U.S. ATTORNEY GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 it. EFTA00233437 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: Dated: cif /9-410 7 Dated: JEFFREY EPSTEIN RAL LEFCO ESQ. 9 "... E.St OUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00233438 By signing this agreement, Epstein asserts and certifies that the above has been road and explained to hint Epstein hereby states that ho understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00233439 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT l'I' APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement Is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 71.1. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00233440 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby, states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. IL ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSIST Y Dated: % ri g — Dated: Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00233441 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: 010 I AIN I U.J. A l l VI\Pill 1 Dated: Dated: Dated: RALD LEFCO RT ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00233442 1 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that ho understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: itkaa" LILLY A ANCHEZ, ES ATTORNEY FOR JEFFREY EPSTEIN EFTA00233443 U.S. Department of Justice United States Attorney Southern District of Florida R ALEXANDER ACOSTA UNITED STATES ATTORNEY NLIVERY BY FACSIMILE Lilly Ann Sanchez Fowler White Burnett, PA 11Of II.;•.1.A.111 A. . Igh Re: Jeffrey Epstein Dear Ms. Sanchez: 99 N.E 4 Simi Mann* FL 33132 (305) 961-9I00 • Telephone O0O530-6444 • Facsimile December 19, 2007 I write to follow up on the December I41h meeting between defense counsel and the Eps prosecutors, as well as our First Assistant, the Miami FBI Special A ent in Charge and mysel . 2 Section 2255 provides that: tiny person who, while a minor, was a victim of a violation of [enumerated sections of Title I SI and who suffers personal injury as a result of such violation .. . may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee." EFTA00233444 With this in mind, I have considered defense counsel arguments regarding the Section 2255 portions of the Agreement. As I previously observed, our intent has been to place the victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the intent. During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as 1 wrote previously, appear far from simple to understand. 1 would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple fashion. I would replace Paragraphs 7 and 8 with the following language: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title IS, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 2 EFTA00233445 1 aIIIIIIIIIIIIIIIIIIIIIIr alliIIIIIIIIIIIIIIIIIIIIIIIIIN Sincerely, r/lify--J R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 3 EFTA00233446 IN RE: IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. IN-HOUSE ARREST AND WORK RELEASE PROGRAMS DIVISION "W' CASES CRIMINAL DIVISION "W" AMENDED ORDER RE: IN-HOUSE ARREST AND WORK RELEASE The Sheriff of Palm Beach County is authorized to establish criteria for the consideration and review of inmates requesting the Work Release and In-House Arrest Programs while serving time in the Palm Beach County Detention Center or Stockade Caving been sentenced in this Division)Persons admitted to either program shall be at the sole discretion of the Sheriff and his staff in determining their suitability. The undersigned takes no position with respect to the eligibility of any inmate sentenced in this Division unless specifically stated at time of sentencing. DONE AND ORDERED in Chambers, at west Palm Beach, Palm Beach County, Florida, this the 11'" day of March, 2005, nunc pro tunc to February 1.7, 2005. • S;GNED AND DATED MAR I 1203 SANDRA K. McSORLEY Circuit Judge JUDGE SANDRA K. McS0RLE1 copies furnished: State Attorney for Division V". via Inter-office mall Public Defender for Division "W", via inter-office mall D/S E. Sobtino, EFTA00233447 Page 2 of 10 33 FL ADC 33-601.602 Rule 33-601.602, F.A.C. Fla. Admin. Code Ann. r. 33-601.602 C FLORIDA ADMINISTRATIVE CODE AN- NOTATED TITLE 33. DEPARTMENT OF CORREC- TIONS CHAPTER 33-601. CLASSIFICATION AND CENTRAL RECORDS Current with rules included in the January I I, 2007 issue of the Florida Administrative Weekly; see scope message for spe- cific rules in effect. 33-601.602. Community Release Programs. (I) Definitions. (a) Community Release — Any program which al- lows inmates to work at paid employment or parti- cipate in education, training, or substance abuse treatment programs in a work release center, con- tract community work release facility, or com- munity contract facility, or voluntarily work with a public or nonprofit agency in the community. (b) Work Release -- The portion of the community release program which allows inmates to work at paid employment in the community while continu- ing as inmates of the facility where they are con- fined. (c) Community Study Release — The portion of the community release program which allows inmates to attend an educational or vocational facility or participate in a training program in the community while continuing as inmates of the facility where they are confined. (d) Community Volunteer Service — An activity which allows inmates housed at a work release cen- ter or contract facility to voluntarily work with a governmental or nonprofit agency in the com- munity. (e) Modality II -- A community based residential substance abuse treatment program for inmates. Page (f) Net Earnings -- Gross pay less withholding tax, social security deductions, and any legally required court ordered civil deductions. (g) State Classification Office -- A staff member at the central office level who is responsible for the review of inmate classification decisions. Duties in- clude approving or rejecting Institutional Classific- ation Team (ICT) recommendations. (h) Work Release Center -- Refers to a facility where a community based transition program is conducted for approved community custody in- mates prior to release from custody. (i) Work Release Inmate Monitoring System (WRIMS) -- A web site application used by work release facility staff to record information related to an inmate's participation in community work re- lease. (2) Inmate Conduct While on Community Release. (a) During the inmate orientation process, which shall occur within three days of arrival at a com- munity work release center, inmates will be instruc- ted of the following conduct requirements. Upon completion of the orientation program, the inmate shall be given a Certificate of Orientation, Form DC6-126. Form DC6-126 is incorporated in subsec- tion (16) of this rule. 1. Directly and promptly proceed to and return from their destination using the approved method of transportation and route designated by the correc- tional officer major or facility director of a contract facility. 2. Remain within the area designated for their community release. 3. Return to the facility to which assigned at the scheduled time. 4. Return to the facility to which assigned imme- O 2008 Thomson Reuters/West. No Claim to Orig. U.S. Govt. Works. httn.//weh7. westlaw r.nm/nrint/nrintctream acrty9cv=Snlit&nrft=1-ITTAT.PRifrs= tnrafirm= Iinannnst EFTA00233448 Page 2 of 8 WShw. West's F.S.A. § 951.24 Page 1 C Effective:fSee Text Amendments) West's Florida Statutes Annotated Currentness Title XLVII. Criminal Procedure and Corrections (Chapters 900-999) (Refs & Annos) Chapter 951. County and Municipal Prisoners (Refs & Annos) 951.24. Extend the limits of confinement for county prisoners (1) Any county shall be deemed to have a work-release program upon the motion of that county's board of county commissioners which shall require the concurrence of the sheriff of the county. (2Xa) Whenever punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discre- tion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment, conduct his or her own business or profession, or participate in an educational or vocational training program, while continuing as an inmate of the county facility in which he or she shall be confined except during the period of his or her authorized release. (b) Any prisoner, at the time of sentencing or thereafter, may request the court in writing for the privilege of be- ing placed on the work-release program. The Department of Corrections, upon the request of the court, is author- ized to conduct such investigations as are necessary and to make recommendations to the court pertaining to the suitability of the plan for the prisoner and to supervise such prisoner if released under this program. Such a re- . lease may be granted by the court with the advice and consent of the sheriff and upon agreement by the prisoner. The court may withdraw the privilege at any time, with or without notice. (c) No person convicted of sexual battery pursuant to s. 794.011 is eligible for any work-release program or any other extension of the limits of confinement under this section. (3Xa) The wages or salary of prisoners employed under this program may be disbursed by the sheriff pursuant to court order for the following purposes in the order listed: 1. Board of the prisoner. 2. Necessary travel expense to and from work and other necessary incidental expenses of the prisoner. 3. Support of the prisoner's legal dependents. O 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. httn://web2.westlaw.com/nrint/nrintstream asnx?nrf1=1-1TMT .F.Rtifm=hlritRetRirlectirixtinn 11 nannnR EFTA00233449 Page 3 of 8 West's F.S.A. § 951.24 Page 2 4. Payment, either in full or ratable, of the prisoner's obligations acknowledged by him or her in writing or which have been reduced to judgment. 5. The balance to the prisoner upon discharge from his or her sentence, or until an order of the court is entered declaring that the prisoner has left lawful confinement, declaring that the balance remaining is forfeited, and dir- ecting the sheriff to deposit the funds in the general fund of the county to be spent for general purposes. (b) The sheriff may collect from a prisoner the wages or salary earned pursuant to this program. The sheriff shall deposit the same in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. Such wages and salaries shall not be subject to garnishment in the hands of either the employer or the sheriff during the prisoner's sentence and shall be disbursed only as provided in this section. (c) Every prisoner gainfully employed is liable for the cost of his or her board in the jail as fixed by the county. The sheriff shall charge the prisoner's account, if he or she has one, for such board. If the prisoner is gainfully self-employed he or she shall deposit with the sheriff an amount determined by the court sufficient to accom- plish the provisions of subparagraphs (a)1.-5., in default of which his or her privileges under this section are automatically forfeited. (d) The board of county commissioners of any county may, upon the recommendation of the sheriff, authorize the person in charge of a county stockade or workcamp to implement paragraphs (a), (b), and (c), when such fa- cility is not directly under the sheriff. (4) Any prisoner who willfully fails to remain within the extended limits of his or her confinement or to return within the time prescribed to the place of confinement shall be deemed an escapee from custody and shall be subject to punishment as prescribed by law. (5) Exchange for the purpose of work-release of county prisoners among other counties of the state that have im- plemented work-release programs is hereby authorized, with the concurrence of the sheriffs of the involved counties. For the purpose of this subsection, upon exchange, the prisoner shall be deemed a prisoner of the county where confined unless or until he or she is removed from extended confinement status. Prisoners from other jurisdictions, serving lawful sentences, may also be received into a county work-release program as above provided. (6) In carrying out the purpose of this section, any board of county commissioners may provide in its annual budget for payment to the Department of Corrections out of funds collected from those being supervised such amounts as are agreed upon by the board and department to be reasonable and necessary. County judges are hereby authorized to levy SIO per month upon those supervised for purposes of paying for supervision under this act. CREDIT(S) A 1," EFTA00233450 II/25/2058 15:28 3553626 orketat I tsarina: STATE OF FLORIDA Plaintiff -Vs- JEFFREKL_Elagja Defendant IN THE FIFTEENTH JUDICIAL CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY CASE NUMBER DIVISION DC NUMBER CIRCUIT NUMBER' 8026(13fl MCSORIAV "W" W351755 .15.4/JAIL MIT ORDER OF COMMUNITY CONTROL I This cause coming before the Court to be heard, and you, the defendant, being now present before the court, and you having CE) entered a plea of guilty to O entered a plea of nob contendere to Count I CI been found guilty bYjurY verdict of El been towae guilty by the court trying the cane without a jury of yROCUfl PERSON UNDER AcEnoRFROSTIToTiON SECTION 1: JUDGMENT OF GUILT O The court hereby adjudges you ro be guilty of the above oticase(s). Now, themfore, it is ordered and adjudged that %a imposition of sentence is he oby withheld and that you be placed on Probation I %r a period of under the supervision of the Department of Corrections, subject to Florida law. SECTION 2; ORDER WITIIHOLDING ADJUDICATION K Now. therefore, it is ordered and adjudged that the adjudication of guilt is hereby withheld and that you be placed on Probation for a period of_ nude- the supervision of the Department of Corrections, subject to Florida law. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE It in hereby ordered and adjudged that you be: committed to the Department of Corrections or confined In the County Jail fors term of with credit for jail time. After you hawserved of the term, you shall be placed on Probation for a period of under the supervision of the Department of Corrections, subject to Florida law. or • confined in the County Jail for a term of SIX (61 MONTHS A$ TO COUNI I vov-ovi© I)Y TWELVE movn.q. COMMUNITY Calk% I coNsrortivm TO MI (12INION1MENTENCE IN CAS) g 2129EF00945AAMB with credit for 2( yA fl/DAY jail time, as a special cet:dlcion of supervision. Page 1 of8 Ifl3Iil3 1J'Aitift00 H3 V30 WM/3 )p 'N300 14 U0SVHS SS wd I -Inc 800Z 03-11J Form Revised 0211-08 EFTA00233451 11/ 25/ 2t388 15:28 3553626 esn.us t laCIPILPIFIL.' rreac. Oa 00 JEFFREY EP STEN CASEN502008CF009381AMMAR ins FURTHER ORDERED Out you eball comply with the following gist g‘imml.jtnligiiMtradsn as provided by ?loam law. (1) You will report to No probation office as directed. Not later than the fifth day of each month, unless othawisedimoted, you will • make it full and ttulhfal•rntort to your officer on the form provided for that purpose. (2) You nal pay the State ofFlorida the amount of S50.00 per month, as well as 4% surcharge, toward the, post of your supervision in accordance with 8: 948.09, unless otherwise exempted in compliance with Florida Stelae& (3) You will remain in a specified place. You will not change your residence or employment or have the county of your residence without first procuring th0000sent of your officer. • (4) You will not possess, carry or own any funtur or weapon, unless authorized by the court (5) You will live without :viokting the law. A conviction in a court of law shall not be necessary for such a violation to constitute a violation of your probetiorkommunity control. (6) Yon will not associate win any person engaged in any criminal activity. (7) You will not tees intoxiccats to excess or possess any drags or narcotics unless prmoribed by a physicist .Nor wfll.you visit , places whcrc intoxicants, drugs or other dangerous subsumes are emlaw/bIly sold, dispensed or used. (8) You will work diligently al a lawfal occupation, advise your employer of your probation stasis, and support any dependents to the best of your ability, as directed by your officer. (9) You will prompdy and trot/O211y answer all Inquiries directed to you by the court or the officer, and allow year officer to visit In. your home, at your employment site or elsewhere, and you will comply with all instructions your officer may give you; (10)You will pay resdrution, court costs, and/or fees in accordance with special conditions imposed or In accordance with the attached orders. • (I t)You will submit to random testing as directed by your officer or the professional staff of the treatment crew where he/she is receiving treatment ro determine the presence of alcohol or illegal drugs. You will be required to pay for the tests unless exempt by the court. (12)You will submit two biological specimens, as directed by your office?, for DNA analysis as prescribed in ss 943.325 and 948.014. F.S. (13)You will report in person within 72 hours of your release from incineration to the probation office in /ALM BEACH County, Florida, unless otherwise instructed by the taut or department. able condition applies orgy if section 3 on the previous page is checked,) Otherwise, you must report immediately to the probation officer located at $444 SOUTH CONGRUS AVENUE, ).Axe WORTH. FL 334614 Page 2 of 8 Form Revised 01.18-08 EFTA00233452 11/25/2008 15:28 3553626 elKt.LII I LICIMINAL STATE OF FLORIDA Plaintiff -vs- JEFFREY E. EPSTEM Defendant IN THE FIFTEENTH JUDICIAL CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY CASE NUMBER DIVISION DC NUMBER CIRCUITNUMBER: zalitcavawanua DICSORLEY "VP" W3S755 15-4/JAL SPLIT ORDER OF COMMUNITY CONTROL I This cause coming before the Court to be beard, and you, the defendant, being now present before the court, end you having entered a plea of guilty to K entered a plea of nolo conteosere to K been found guilty by jury verdict cf K boon found sulky by the court eying the case without a jury of Count mem FERSON UNDER AGEO, 18 FOR FROSTITUTXON SECTION I: JUDGMENT OF GUILT CO The court hereby adjudges you to be guilty of the above offoose(s). Now, therefore, it is ordered and adjudged that the imposition of sentence h hereby withheld and that you be placed on Probation I for a period of under the supervision of the Depertivnt of Corrections, subject to Florida law. SECTION 2i ORDER WITHHOLDING ADJUDICATION • 0 Now, therefore, it is ordered and adjudged that the adjudication of guilt is hereby withheld and that you be placed on Probation bra period of_ tinder the supervision of the Department of Corrections, subject to Florida law. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE It is hereby ordered and achudgod that you be: O Ease 1 of 8 committed to the Department of Corrections or confined in the County Jail for a term of with credit for jail dew After you have served of the term, you shall be placed on Probation for a period of under the supervision of the Department ofCorreotions, subject to Florida law. or confined in the County flail fora tern of SIX (61 MONTHS AS TO COUNT I FOLLOWED DY TWELVE (121 MONTHS COMMUNITY CONTROL I_ONSECUTIVE TO TM (12/ MONTIISENTENCE EN CAStit 2D0SCFQ0945AAMB with credit for ONE (I) DAY jail time, as a special condition of weervision. 1VNI14180 imam inanoo HV3G tiny*, )18313 51309 1101WHs . GS :h Wel lz 0311$ Form Revised 03.11-08 EFTA00233453 II/25/2008 15:28 3553626 . . citecut UC1M1ran. rmiuc. STATE OF FLORIDA Plaintiff -vs- B. HMARE , D2JE Defendant C4SEN'UMBER DIVISION DCNUMBER CIRCUITNUMBER: IN Tits Firmarrat Amami CIRCUIT COURT, IN AND FOR PALM BRACH COUNTY ' $02006'CR11091£IAE1QMI MCSORWAY "W" W35155 15-4/JATI. SPLIT ORDER OF COMMUNITY CONTROL I This cause coming before the C01111 to be heard, and you, the defendant, being now present before the Doti:110S you having CI entered a plea of guilty to 0 entered a plea of nolo conatudere to K K been found guilty by jury verdiot c( beca found guilty by the court trying the caw without a jury of Count L 7ROCUREXERSON UNDERAGE OF VI FOR PROSTITUTION SECTION 1: JUDGMENT OF GUILT (2/ The court hereby adjudges you to be guilty of the above otTente(s). Now, &reface, it is ordered and adjudged that die imposition of sentence is heroby withheld and that you be placed on Probation I for a period of under the supervision of the Dcparnwnt of Corrections, subject to Florida law. SECTION I; ORDER WITHROLDING ADJUDICATION K Now, therefbte, it is ordered and adjudged that the adjudication of guilt is hereby withheld sad that you be placed on Probation fore period of_ under the supervision of the Department of Corrections, subject to Florida law. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE it is hereby ordered and adjudged that you be: O committed to the Department of Corrections or O confined in the County Jail fore term of with credit for jail time. After you haves served of the term, you shall be placed on Probation far a period of under the supervision of the Department ofCorreetions, subject to Florida law. or confined in the County Jell fora term of pc (6) MONTHS AS TO COUNT 17OLLOWED BY TWELVE (12) MONTHS COMMUNITY CONTROL l_QQNSECUTIVE TO TRE (121MONTE.SENT'ENCE IN CASES ZOOSCF00945AAMB with credit for OhtE CO PAY Jail time, as a spacial condition of supervision. Page 1 of 8 TINIµIS0 imam lattinoo H3V3E1 itivd %rim 51308 1108VHS . SS WcI I Z 1Rf 9002 a311.~ Izorni Revised 03.15-03 EFTA00233454 11/25/20013 3553626 irate:1.0 s i2iatri.tereat. raisne ' JEFFREY EPSTEIN CASEti502008CF009381AXXXKE • SPECIAL CONDITIONS K 1. You mustundergo a Drag sad Alcohol evaluation and, if truculent is deemed nocarary, you must successfully complete the treatment, and be msportrible for the payment of any coats Mound while receiving add evaluation and treatment, unions. waived by the court. Additional instractiors ordered: K 2. You will make restitution to the following victim(s), as directed by the court, until the obligation is paid in MI: NAME: TOTAL. AMOUNT; $ Additional instructions ordered, including specific monthly amount, begin date, due date, orjoint & several: NAME: TOTAL AMOUNT: Additional instructions ordered, including specific monthly onoount, begin date, duo date, or joint do several: SPECIAL CONDMONS CONTINUED K 3. You will enter the Department of Corrections Non-Secure Drug Treatment Program or other residential treatment orogen &Probation and Restitution Center for a period of snout:taut completion es approved by your officer. You are to remain until you successfully complete sold Program and Abu-mare You arc to comply with all Rules and Regulations of the Program. You shall be confined in the county jail until pineemerti in said program, and if you are confuted in the jail, the Sheriff will transpon you to said program. K 4. You will abstain entirely rt' ain the use of alcohol and/or illegal drugs, end you will not associate with anyone who is illegally using drugs or consuming alcohol. K 5. You will submit to urinalysis, testing on a MOntbh• basis to determine the presence of alcohol or illegal drugs. You will be required to pay for the tests unless exempt by the court. K 6. You will not visit any establishment where the ministry business is the sale and dispensing of alcoholic beverages. O 7. You will successfully complete hours of community service at a rote of ate work site approved by your officer. Additional instructions ordered• 8. You will remain 31 your residencebetween 10 p.m. and 6 a.m. due to a curfew imposed, unless otherwise directed by the Court. O 9. You will submit to electronic monitoring, follow the rules of electronic monitoring, and pay per month for the cost of the monitoring service, unless otherwise directed by the court 10. You will not associate with during the period of supervision. You will have no ccntrect (direct or indirect) with the victim or the victim's family during the pericd of supervision. 12. You will have rto contact (direct or indirect) with during the period of supervision. 13. You will moinuin full thno employment or unend school/vocational school full time or a combination of school/work during the term of your supervision. 14. You will make a good faith effort toward completing basics or funotional literacy sIdlla or a high school equivalency diploma. K IS. You will successfully complete the Probation & Restimtion Program, abiding by all rules and regulations. K Page 3 of 8 Form Revised 01.18.08 EFTA00233455 JEFFREY EPSTEIN CASE#502008CF0091BIA=MB K 16. You will attend Alcoholics Anonymous or Narcotics Anonymous meetings at least monthly, u olosa otherwise directed by the court. K 17. You must sucerss • tinily complete Auter Manazement, and be responsible for the payment of any coats incurred while receiving said treatment, unless waived, II convicted of a Domestic Violence offense, as defined in s. 741.28, F.S., you, must attend and successfully complete a batteree a intervention program, unless otherwise directed by the court Additional instrucnoas ordered: O 18. You will attend an HIV/AIDS Awareness Pierian) consisting of a class of not leas than two (2) hours or more than four (4) hours in length, the coat far which will be paid by you. O 19. You shall submit your parson, property, place of residence, vehicle or personal effects to a warrantless search at any time, by any probation or eonununity control offices or any law enforcement officer. 20. DEFENDANT MUST REGISTER AS A SEXUAL OFFENDER WHIN 48 HOURS OF RELEASE 21. AS A SPECIALCONDITION OF HIS COMMUNITY CONTROL,TFIE DEFENDANT IS TO HAVE NO UNSUPERVISED CONTACT WITH' LNORS, AND THE SUPERVISING ADULT MUST BE APPROVED BY THE DEPARTMENT OF CORRECTIONS 22. THE DEFENDANT IS DESIGNATED AS A SEXUAL OFFENDER PURSUANT TO FLORIDA STATUTE 943.05 AND MUST ABIDE WY ALL THE CORRESPONDING REQUIREMENTS or THE STATUTE, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN 23. DEPENDANT HEST PROVIDE A DNA SAMPLE IN COURT AT THE TIME OF THIS PLEA. El 24. SPECIFIED CONTACT WITH THE PAROLE AND PROBATION OFFICER El 25. CONFINEMENT TO AN AGREED-UPON RESIDENCE DURING HOURS AWAY FROM EMPLOYMENT AND PUBLIC SERVICE ACTIVITIES 25. MANDATORY PUBLIC SERVICE • 26. SUPERVISION, BY THE DEPARTMENT OF CORRECTIONS BY MEANS OF AN ELECTRONIC MONITORING DEVICE OR SYSTEM • 27, ELECTRONIC MONITORING 24 norms PER DAY ▪ 28. CONFINEMENT TO A DESIGNATED RESIDENCE DURING DESIGNATED HOURS AND, IF PLACED ON DRUG OFFENDER PROBATION, YOU WILL COMPLY WITH THE FOLLOWING CONDITION OF SUPERVISION iN ADD:TION TO TILE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT: (14)Y ou will participate in a specialized drug treatment program, either as an in-patient or out patimt, as recommended by the treatment provider. You trill attend all counseling sessions, submit to random urinalysis end, if an inpatient, you will comply with all operating rules, regulations and procedures of the teetmr.nt facility. You will pay for all costs associated with treatment and testing unless otherwilo directed. Additional instuctIons ordered: (15) You will =nein nt your residence between p.m, and a.m. duo to a curfew imposed, unless otherwise directed by the court. AND, IF PLACED ON COMMUNITY CONTROL YOU WILL COMPLY WITH THE FOLLOWING CONDMONS, IN ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT: Page4 of 8 Form Revised 0343-08 EFTA00233456 11725/28E8 15;28 3553626 tam-rutt UK mL am. _ -cure ravan JEFFREY EPS Inihr CASES50200BCF009381AXXXhill • (14)V u will roped to your officer as directed, at least:one time a week, unless you have written consent otherwise. • (15)You will remain confuted to your approved residence except for one half how before and after your approved Grafts:int; public service work, or any other special activities approved by your officer. • .(16)You will maintain an hourly accounting of dl your activities on a daily log, which you will submit to your offices' on request. (17) You will successfully complete bouts of community service at a Tat of at a work site approved by your . offica. Additional instructions ordered: (18) You will submit to electronic monitoring, follow the rules of oleetronio monitoring, and pay S per month K for the cost of the monitoring service, tudem otherwise directed by the court. AND, IF PLACED ON PROBATION OR COMMUNITY cotIrtkoL FOR A 87.2f QUENSE PROVIDED IN CHAPTER 704, s. 800.04, s. 827.071, or s.847,0145, comvirrrED ON ORAZULSSUB r 1y S YOU WILL COMPLY WITH THE FOLLOWING STANDARD SEX OFFENDER CONDITIONS, IN ADDITION TO TEIE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL. CONDITIONS ORDERED BY Tilt COURT: (14)A mandatory curfew from. 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender's employment precludes the above specified time, and the alternative is recommended by the Depanment of Corrections. If the court determiner that imposing a curfew would endanger the victim, the court may consider alternative senetians. (15)1f the viotim was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park. playground, or other place where children regularly congregate, as prescribed by the court. The 1,000-foot distance shall be measured in a serldat line from the effendi-ea place of residence to the nearest boundary line of the school, day care center, park, playground, or other piece where childrencongregate. The distance may not be measured by a pedestrian route or automobile route. (16) Active purticipation in and successful completion of a sex offender treemzot program with qualified practitioners specifically trained to treat sex offenders, at the offender's own esperse. If s qualified practitioner is net available within a 50.mile radius of the offender's residence, the offender shall participate in other appropriate therapy. (17)A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court. (18)11 the victim was under the age of 18, a prohibition on contact with a child under the age of IS except as provided in this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact isaued by a qualified practitioner who is basing the recommendetion on a risk es testment. Further, the sex offender must be currently enrolled in or have successfidly completed a sex offender therapy program. court may not grant supervised cement with a child if the contact is not recommended by a qualL5e4 practitioner and may deny supervised contact with a child at any time, (19)11 the victim woe under ego 18, a prohibition on working for pay or 85 a volunteer at any places where children regularly congregate, including, but not limited to nay school, daycare center, park, playground, pet store, library, zoo, theme par's, or mall. (20)Unless otherwiee indicated in the treatment plan provided by the sexual offender treatment program, a prohibition on viawing, accessing, owning, or potateaing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programa, or computer services that arc relevant to the offender's deviant behavior pattern. (21)A requirement that the offender submit two specimens of blood or other approved biological specimens to the Florida Department of Law Enforcement to be registered with the DNA data bat (22)A requirement that thc offender make restitution TO the victim, as ordered by the court under s. 775.089 for all necessary medical and rotated professional services relating to physical, psychiatric, and psychological cart. (23)Submission to a warrantless search by the community control or probation officer of this offender's person, residence, or vehicle. Page 5 of 8 Form Revised 03.18-0S EFTA00233457 ski tor soots so: so 30;a0040 JEFFREY EPSTEIN CASE1502008CF009381A=MB • EFFECTIVE FOR PROBATIONER OR COMMUNITY CONTROLLER WHOSE CRIME WAS COMMITTED ON OR . .. . .,. ..., .. . " .." • A • • . • AFTER OCTOBER 1 199,7,AND WIR) ISILACED ON COMMUNITY CONTROL OR SEX ormozik PROBATIQR ' - FOR A VIOLATWN OF CHAPTER 2a 4. $00.04, (4.1;21:071., ore. 547.0145, IN ADDITION TO ANY OTHER,PROVISION • • • .. • - ' OF THIS SECTION, YOU MUST COMPLY WITH THE FOLLOWING CONDITIONS OP SUPERyISIONI. ... • " • . •• . ..„ . •, -. •• . t* . •. . (24)As part of a treatment program, panieipalMn at least simusily in polygraph °nomination° to obtain information necessary tovi*.. . management and treatment end to reduce the seloffender's denial mechanisms. A polygraph examinationniust be conducted * I . " . .. ' polygraphier trained specifically in the use of the polygraph for the monitoring of sex offenders, where avilleble, and shall be•paiel . by the sex offender. (25)Maintenance of a drivinglog and a prohibition against driving a moor vehicle alone without the prior approval of the supervising officer. . . (26)A prohibition analog obtaining or using a post office box without the prior approval of the supervising officer. (27)1f theft was sexual contact, • submission to, at the offender's expense, an HIV teat with this'll:sults to byreleased to the victim . . . . ard/or daviethn'a ?Meat a guardian ,. . . .. (28)Eleetronio monitoring when deemed necessary by the probation officer end supervisor, and ordered by the court at die . . . recommendadon of the Department of Corrections, (29) Effective for an offender whose crime was committed on.or after July 1, 2805, and who are placed on supervision for violation of chapter 794,1.800.04, s. 827.071, or a. 847.0145, a prohibition on accessing the Internet or other computer services until tho offender's sex offender treatment program, after a risk asr.ssment is completed, approves and implements a safety plan for the offender's Beaming or using the Internet or other computer services. (30)Effective for offenders whose crime was committed on or after September 1, 2005, them is }tetchy imposed, in addition to any other provision in this =lion, mandatory ekctronk monitoring as a condition of supervision for those who: .• Are placed on supervision for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071. ors, 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older, or " Are designated as a sexual predator pursuant to a 77511; or • lies previously been oonviotod o f a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or a. 847,0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older. You are hereby placed on notice that should you violate your probation or community control, and the conditions set forth In a. 948.063(1) or (2) are satisfied, whether your probation or community control is revoked or not revoked, you shell be placed on electronic monitoring in aceordsnoe with F.S. 948.063. • • YOU ARE HEREBY PLACED ON NOTICE that the court may at any time rescind or modify any of the conditions of youi probation, or may extend the period ofprobatlon as authorized bylaw, of may discharge you from thriller supervision, If you violate any of the conditions of your probation, you may be arrested and the court may revoke your probation, adjudicate you guilty if .• adjudication of guilt was withheld, and impose any sentence that it might ban imposed before placing you on proba0on-or require you to serve the balance of the sentence. Page 6 of S Form Revised 03-IS-OS EFTA00233458 11? Zb/ .1S7 itieb . . . . . . _ USINLUS I 1.41.1.P1LIVIL JEFFREY EPSTEIN CASENS02008CPOOMIAXMOvi.B • ISTDRTFIEE. ORDERED that when you hero beeitimmacted si to.the conditions of probation you than be released from • custody if you are in custody; and it you are atitbeity jm bond, the sureties thereon shall stand discharged from liability. (This peravaph applies only if section I or section 2 is checked.) • . . . ' • IT IS FURTHER ORDERED that the oleic of this court file this order in the clerk's office and provide cerdfiCd copies of sin* the officer for use in compliance with the requirements of law. DONE AND ORDERED, on /47V tY Nuric PRO TUNC RfailLbZial Sandra K. hicSorlay, Chat dge Date I acknowledge receipt of a copy of this order and that the conditions have b Mimed to me and I agree to abide by them. . Instructed by: ep/074248 Supervising Offing Defendant Page 7 of8 Porto Revisal 03.18-08 EFTA00233459 £31£ apo.ioso • luess.;01a1—:a.En.l.nera: • %ace Via • ; 2.00 LE 365.00 O 3 3.00 O 3 1,00 K 540.00 K s E) sag/ K Othr: O Other. • • el • JEFFREY EPSTEIN CASEN502008CF009381AXXX.MB ... COURT ORDERED PAYMENTS CHECK ALL TWAT ARE ORDERED:. .. .. .. . : • . -• • • EMU O s___ Total of Bunn:sated in untonce, pranott to 8.775.083 (1)(s) through (g) or Clunk: 316, FS. O 3_, Statutorily mandated 5% surchergc/cost Irina osessed (on first Km) pursuant to s. 938.04, FS, . O 12,59 Crime Stoppers Trust Fund purulent to 3. 938 06(I) F S Stank:11v mandated ifs fine itintorned MANDATORY COST73 IN AM. CASES 12) 000,09 Additional court con for felony offense, pursuant to I. 938,05(iXA), ES. O L.50.09 Addition) court cost for mledtmea Dor or criminal traffic offenta, pursuant to s. 938.05(1)(10 or (c), F.S. O ; 50.00 . Crimes Componeation Trost Fund pursuant tos. 938.03(l), P.S. IS ; 50.09 County Crime Preventko Fund pursuant to s. 775,083(2), F.S. (33) ; 3.09 Additional Coon Casts Clearing Trost Fund pursuant to a. 938.01(1), F.S. O $ Z.00 Per month for each month of suporvIsion for Training Trust Fund Surcharge, pursuant to s. 948.09. P.S. kkhflighlf,2$12)2/aa.~ECIFIC TYPF-c OF CASES O 061.09 Rape Crids Program Trutt Fund, pursuant to I. 938.085, PS. for any violations of ns 784.011, 784.021, 784.034843341; . • 784.045, 784,048,764.07, 784.08, 784.081,784.082,784.083,784.085, or 794.011, P.S. O 5201.09 Domestk %names Trust Fund, pursuant to s. 938.05, FS. for any violations of as. 784.01/, 784.021, 784.01, 784.041, 784.045, 784.048, 784.07, 784.08, 784.081, 784.082,784.083,784.085, 794.011, many offense of Dornosdo Violence datorked Ins. • O ;IN 00 Ctrraln Crimu Against Minors, pursuant to e. 938.10(1), ES. for any violations of a. 784.085, chopta 787, chapter 794. s. 796.03, a. 80064, chapter 827, s. 847.0145, ore. 985.701, F.S. • O 5135.00 DUI Court Ceps, pursuant toe. 93&07, F.S. for any violation of as. 316.193 of 327.35,F-3. O 3,09 State Amoy Law Enforcement RadioSystem Trod Fund, pursuent to s.318.18(17), F.S, for any violations of oilcans listed Ina 318.17 induding x.316.1935, 316.027, 316.061, 877.111, chunk: 891, as. 316,193,316.192, 316.067, 316.072(3), 316.5450), or sny other Dittnee in chapter 316 wbtoh is classified 19 a criminal violation. MANDATORY COURT COSTS A UTHORIZED 13Y LOCAL GOVERNMENTAL ENTITIES Criminal Joint Education by Municipalities and Counties, pursuant ton. 938.1$, F.S. Additional Court cons for loon) requtrtments and other county funded programs pursuant to 1.939.183(1)(a), FS. Tan Court panuent to s. 938.19(2), F.S. DISCRETIONARY Per month during iba cum of not-video to the following norm Ton I organ leaden established for the solo purposo of supplomenting rehebilltalvn emu of the Depmtman of Como:Int& pursuant so e. 948.039(2), P.S.: Public Defender Application Ft; if not previously collemod unitised, punuarg to I. 27.52 and a. 938.29, F.S. Public Defender Fen and Costs, inforturd to t. 938,29, F.S. as determined locally. Prosecution/Investigative Costs, pursuant to I. 938.27, F.S. DISCRETIONARY COSTS FOR §PRCIFIC TYPES OF CA9A,9 0 Ma County Aleohd and Other Drug Abuse Trutt Fun d, nutmeat tot. 938.21 and e.938.23, F.S. for vlohdont of a. 316,193, s.856.01 I, s. 856.015, or chopier 562, chapter 367, or chapter 568. F.S. CD saw operating Trutt Fond of the FDLE, pursuant to 3.938.25, F.S. for violations of a, 893.13 ofensa * TOTALS 473.00 PAYMENT IS TO BE MADE THRODCH AND PAYABLE TO: 0 Department of Corrections or 0 Clan of Coun (If collected by the Depertment of Corrections, a manhunt of 4% will bo added to all pigments ordcrcd by the court, pursuant to s. 94531. P.S.) Court Cosu/Finos Weivcd Coon Cosu/Finos in the amount of convened to community service hours Coun Costs/Flocs in the amount of reduced to civil judgment. SPECIFIC INSTRUCTIONS FOR PAYMENT: Page 8 of8 Form Revised 03-18-08 EFTA00233460 • •1 ',7r 1- 'i4 _41il s... .. .....„,..:;.. .44.. ..... ' t ;e1,4S:c: 1: ' .- c- : . .W :: - .7 ' 41446. ‘:Aw. 114....71rt: • . . 111, • . .; • !: 14 ' or . .:: .......:4L . ; . 'WeLFW-;T;ruurriet4Fegkir4. ST . . • ,, FELOMY OMER To c 1 , ea 2 365' 13OWD* -}1.; It fiessrittplow. • 7314 VS. • ' %Matt:it/ . Erisy•Ent • ;Airs.- . . - . " - r ••• • • . • - • • . • • • • • • . TYPE a e,.. coo •tyy. • J.) • % ,,kiter.dr) • . .. . ..li Lti I J e : - Cxt.tRep. A._ . -Pres of W I VIO .. ef. Co. Pros. efote the diet f rrail t recillt-ettee** lit e p . , . .. 4Artteci po anied •O With Without Prejudic t 0 ithdrawn 0 ourgReserves Rulin 0 Written Order to Rollout Warrant t' 0' Ordered 0 *ecalled 0 Bo a t I 0 Seeliieliw • • Olds4 Covets - Ogg Ciand 0•BondForf .1 GOR:bisai A cp. Boa Pod Vacated :0 trthious /Reinstated Mond Reinstated, if dsman a 0 5 te OS0R:Disch/Reya*Reinstated . • • . to file clad* OVieleased O,12. /SD& 0 Deft Indigent, 0 PD Appt 0 Big only' PD NES I • " - 0; COuioAppti • . • ' _ aluation for a Ding Pant 0 DOCNen-Sec ' Bed by i • " • ' 0 Prealea 0 pS1 °Oared by/w• • • days k p. vitinputiroXaDJJA/ 'pairing . ...' . Referred to: Fri / SAAPJ PACED - ID Case p don thc•absentee dockbt . ; • . l att. • .. • Fn ENTERP3. A OP ChillgSd -Cra /- 0 - NOT t3UILTY GUILTY a NO . 0 . BEST Otto • ;Sup .* ' ' j. 7 dv of Rt.& t • • WaivedPSI 0 Cw.. , . • Charge • ' §v48clbsi JCUli.T'Y.as Charged to 011A a Leask . • WATT arebarged as tt Cts • • . , - WIELD as to Cts • I • • • • • 0 WI ELD , . as to Ctie •••• ••••!4 : - POUND ANDADIUDICAIIED DENT alto - te • - • . " • • 0- PO M P e l .t1UT 0 14 2 7 be Ca i . ...— P 1 4 011.e_Pr21... t -::: / .& ... ... — -0 ;;1410 10:., ?Fob /lCoinin Control: 0 4s:oltal • : Stip/P01111d: (violen)qabit iml Ole 8ENII1ENCE: PBCJete • /PC4,5 ci Reinstate 775.084 ar. I. Iii hiotrafied 4 0 isr:M. ou : u ffs Sceessfully / !Unsu 8'.. ual Predator • Or ' • • PBCP • ( • / • • Cts) • .' In 4 tW/Credit for 1 . • . i ... • Dad:Ma:minded deft toxernain •OUSEL= / Comet t Coasrm illatsel • ., ! • -onc j Execution of Sentence Stiied 0 Sentence 3 Mine seavalas to Cts 0 0 HabiMA Oft Min IMand: as ttJ Cts , . ' to.: YOuthibl Off T ABOWISFNIENCBTDOPOL—OWEDByi DRIVERS LICENSE BE 1USPRNDED ;.°1 0 / • titKElD 0 -fl /sex FOR " ?rob YBARS, CI Comm Control AfrA RBSIIII .4.1 /2 . •: Lb•011c 9.l)7143 . • . • . . • ... • r . .• , . ' • . Set AReinain S .. Reset • • . •• - . • Div • • s Set / Remains Se Reset . . • , - • Div • at ,Ahl/PM 0 Deft sign • • . .• 1t . • t • ' • Def 0 A A tzi Bandsman 0 rq,Prob Co . . • • : . • • / • • ? O. Jail 0 DJ' O. p County Courthouse 18.05 N. Dixie, West Palm Beach b/citified by • 0 Courtro P844 St4e!Road aq by: i Criminal ..,. Justice B 80, Belle Mak on . . . .. 0. :.•• 0 CourirooracCri ' tree Complex. I. 3228. Gun Club 68t Piliii.Beach )460U OERTAIN WESTFALta ARE S PERSON WITH A =AMITY WHO HEEDgNNY ASSISTANCE Fla% CONTACT NARY JOVE, BEACH, FL 33401; TELtiNANE ($61) 3t5-4380, accataliconcem ORDER TO PAMSATO ADs. COORDINATOR IN TIC mmilTMATWE WHIN? 'NORMA DAYS OF TINA RECEIPT WINS FACCEEDDEOWARE ENTITLED, Etta COST TO NOWTOTHCFACMSIONX/E., - . OFFICE OF THE tCIJRT, PAPJABEACH COUNTY COINTMOUSE, 205:k SCE Weal! ESA . CFI/DS NOTICEFWOO ARE HEARING GRIME RIMMED, 99-15,05.8771. • • il i I S EFTA00233461 ; • • • • 200SCS00938120Z PERSON UNDER `SS3t4i sr- • • -•• • ,:•. :SlEPS r Itidge- • "3.; xp;t;,' -: • ' ":46Liciati ) • • • • :1-4,•••... • !." / 1 - lee ' . . • • lN i - sr • • c u ink Nik/ .Q:41,f2. :'. • '•'• '''' ;LV.k •:.:.3t...., . 1Dei lailitapiki. 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' ' ,ii*O4te11111y5Pts ., . . • 7` - ...". .>* "^ ts•-••,"••-,,.fa!4•-• 4 4-4.-,..:. 7 OISP9404 1141,11TPIPPP :MaACIS;\:' IGAtigaiSSititlatt kb. , - i~ -per . • .' Itl .' ' AQIC": . rg*ia,jMrlk•Er0tati : 7 . 4stAr inicsowmcmk.ed. .1 • - • 4011;16;11,00.' 44 t9p,i- ta r ?* Si • . cu. 0;*eAtiteAse atayeo gapretotekooptoAwrogitisiepj. Y.ciiihlitiatriagebititti# . • , , .. • , . 1"7;(40 4re ;ace* 1400, 1.4 • . . •• a •-•• r r: • • ' • , . T • • • .• -4:-L-:44-ra . • / CE-Couctoloichketittliiiiffiistiot *.C•4101-613-arriF4‘4.4:;•-: ::::104**ifacx101 0;:t .elle-thadfret:t. ••::0•32:2$01iti:tiub-Wd;:.'ittreratitrof. .• • • ...• ••latif .. . 13iitittiaH. .**icaigii-wAiiiibctiAtiiptoinbajttaidintini. OrktAisttinits- pRocuonia: • : • 4:ento • cotimits.warebacoce timitaimsobligismopit oraceoolitcquirrP.mliso- . • c011enPUSLICOLDOE1hViral SaSk:•'' 1000.4*4 14iigl- 01)3$5:0KWITHO.1214. 91MODFPritalgf#11PrOFtlitSNOTCEIF YoU ARE HEAStiOety0ICEIMPAIRED;CALC14(0458417t " •" . . • *1. fad?! q!'!.10rist•31Q2 '. • -tr • EFTA00233462 : DATE: age' 2 • .ryn sTAa Prob./ cr-- n /.... . O Sex Off/ Drug Cohaec. wt" . . . oti Ko C.C. i c.c. II: __,Ja,.._‘4tio 14-as4{pfs- ..i41-i . — • • • • - • : .. ....- • , .. .,.. • • O—Pn5batloritrgnSferredle:“ • "•• .. - • - . ..: • SPEDIAL CI .Q.cimplete.OtiginalIy .Q 0urfevic Q • Deft;lo P- Deft. n 'O Deft. to 0 Restitution -cr-sutwrtcyairydra- CONDITIONS:, ' . Ordered Conditione . • ' . . . • . p.m., with•the-fefiewing exception. .- • • . .• :. _ fepOrt toPreb.. Dept. immediately upon-release. i ' . .. t p have in care, custody; or control any.t.iniawfulerillaopl.rnalgrial, subst., device, oriobject. i mecilato notify Prob..Officer if place of residence-brit& changes. • , ....: CI3,O filed ' . . . .., • . . • ' • • : kreRigoti • O A tan • ;.... 6 O NoConeumptioNPossession CI Attend 'CI Deft.liot,te e ,use Eva]. / Pay.choligiCaleital: 4 .. 4.„ . 1400,6 -: .upigthiVii,jitnv.Alf of • .• . .AA and/or rIzs:yctio, xuarcval. within / by' • - -,•-•-te7 • , ,. .. • 0. „, : .. ...Pult, • •---.- ::;-'•••••-•,. 7.7 1/ 1Cd'ettl' IN - mr' 1 • -:' • Lialfigat.;$0,1A-6•::...7.4:P'Cibadtp‘wit;&.F...:.:•.:-,•?-4,-.y. ...:::,.47 Alcohol or .Drugs or. Intoxicants without a Prescription. • : • .•''''. .. ; ' . NA Meetings per. 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O • MINS WO •••••911.01 EFTA00233463 Case 9:08-ov-80736-KAM Document 26 Entered on FLED Docket 08/21/2008 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80736-CIV-MARRAJJOHNSON N RE: JANE DOES 1 AND 2, Petitioners. ORDER TO COMPEL PRODUCTION AND PROTECTIVE ORDER THIS CAUSE comes before the Court on the Petitioners' ore tenus motion seeking the production of the Non-Prosecution Agreement between the United States Attorney's Office for the Southern District of Florida ("USAO") and Jeffrey Epstein ("Epstein"). After consideration of the Motion, the arguments of the parties, and the record, it is ORDERED AND ADJUDGED that the Petitioners' Motion is GRANTED. The USAO shall produce the Non-Prosecution Agreement, including any modifications and addenda thereto, in accordance with the following procedures: (a) The USAO shall produce a copy of the Non-Prosecution Agreement, including any modifications and addenda thereto (collectively referred to as the "Agreement"), to the attorneys for Petitioners. (b) Petitioners and their attorneys shall not disclose the Agreement or its terms to any third party, absent further court order, following notice to and an opportunity for Epstein's counsel to be heard. (c) Before counsel for petitioners show the Agreement to their clients or discuss the specific terms with them, they must provide a copy of this Order to petitioners, who must review and acknowledge their receipt of, and agreement to abide by, the terms of the Order. Counsel for petitioners must promptly provide a copy of that acknowledgment to the USAO. (d) If any individuals who have been identified by the USAO as victims of EFTA00233464 Lase 9:08-cv-80736-KAM Document 26 Entered on FLSD Docket 08/2112008 Page 2 of 2 Epstein and/or any attomey(s) for those individuals request the opportunity to review the Agreement, then the USAO shall produce the Agreement to those individuals, so long as those individuals also agree that they shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard (e) Prior to producing the documents to any other individuals who have been identified by the USAO as victims of Epstein and/or any attomey(s) for those individuals, a copy of this Order must be provided to said individuals, who must review and acknowledge their receipt of, and agreement to abide by, the terms of this Order. Counsel for petitioners must promptly provide a copy of that acknowledgment to the USAO. DONE and ORDERED in Chambers, in West Palm Beach, Palm Beach County, Florida, this 211' day of August, 2008. /en KENNETH A. MARRA UNITED STATES DISTRICT JUDGE Copies furnished to: all counsel of record By signing below, I certify that I have reviewed and agree to be bound by the terms of this Order. Dated: 1 I 6. Signed by. Printed Name: 2 EFTA00233465 n LEOPOLD-KUVINA CONSUMER JUSTICE ATTORNEYS July 6, 2009 Assistant U.S. Attorney Southern District of Florida 500 E. Broward Blvd, 7th Floor Ft. Lauderdale. FL 33394 Re: B.B. JEFFREY EPSTEIN OUR FILE NO.: 080303 Dear Ms. Villafana: As you are aware, this firm represents Plaintiff, Jane Doe, a/k/a/ B.B. in the civil litigation against Jeffrey Epstein styled B.B. I Jeffrey Epstein. case no.: 502008CA037319 MB AB. We are hereby requesting that a copy of the non-prosecution agreement be provided to my office as soon as possible. If there are any questions or concerns regarding the production of this agreement, please contact me at once. Sperely, 4 111ENC VIN STK/mlb CRASHWORTIIINESS • MANAGED CARE ABUSE • CONSUMER CLASS ACTIONS • PERSONAL INJURY • WRONGFUL DEATH EFTA00233466 11.7.211=157-, .D E p EQ. LEOPOLD-KUVIN. CONSUMER JUSTICE ATTORNEYS July 31, 2009 Assistant U.S. Attorney Southern District of Florida 500 E. Broward Blvd, 7th Floor Ft. Lauderdale, FL 33394 Re: B.B. I. JEFFREY EPSTEIN OUR FILE NO.: 080303 Dear Ms. Villafana: I am following up on my letter of July 6, 2009, regarding the non-prosecution agreement between the U.S. Attorneys office and Jeffrey Epstein. Please advise whether or not this document will be produced. STIUmlb CRASHWORTHINESS • MANAGED CARE ABUSE • CONSUMER CLASS ACTIONS PERSONAL INJURY WRONGFUL DEATH EFTA00233467 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (56!) 820-8777 August 4, 2009 VIA ELECTRONIC MAIL Spencer T. Kuvin, Esq. Leopold—Kuvin, P.A. Re: Jeffrey Epstein/B.B. — Requested Disclosure of Non-Prosecution Agreement Dear Mr. Kuvin: Thank you for your letter regarding the disclosure of the Non-Prosecution Agreement signed by Jeffrey Epstein. I understand that you are asking for a copy of that Agreement in connection with your representation of "B.B." As you are aware, the Agreement contains a confidentiality provision. Based upon a lawsuit filed by some of Mr. Epstein's victims, U.S. District Judge Kenneth Marra has issued a Protective Order requiring the U.S. Attorney's Office to provide copies of the Agreement to certain individuals under certain circumstances. The Order states: if any individuals who have been identified by the USAO [U.S. Attorney's Office] as victims of Epstein and/or any attomey(s) for those individuals request the opportunity to review the Agreement, then the USAO shall produce the Agreement to those individuals, so long as those individuals also agree that they shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard... (Court File No. 08-CV-80737-MARRA, DE 26, 1 (e).) The language "individuals who have been identified by the USAO as victims of Epstein" refers to a specific list of individuals who were the subject of the federal investigation. A list of those individuals was provided to Mr. Epstein's attorney. Your client, B.B., was not identified during that investigation, and, therefore was not on the list. By stating this I am not, in any way, denigrating any harm that your client may have suffered. I am simply stating that, given time and resource limitations that we faced during the investigation, B.B. was not a person who was positively identified, such that she would have been the subject of charges within a EFTA00233468 SPENCER T. KUVIN, ESQ. AUGUST 4, 2009 PAGE 2 possible federal indictment. For this reason, your client is not covered by the Court's Protective Order and the Agreement's confidentiality provision remains intact. If you are unable to get a copy of the Agreement via the civil discovery process in the lawsuit that you have filed against Mr. Epstein, please ask his counsel if they will consent to my production of the Agreement to you and I will send a copy to you. Sincerely, kiffir-3/ Cleurtian Acting United States Attorney By: cc: Karen Atkinson, Esq. Assistant U.S. Attorney EFTA00233469 I I) Ft) I l:s1ICI. '•Al T1 LEOPOLD-KUVIN. CONSUMER JUSTICE ATTORNEYS January 4, 2010 Assistant U.S. Attorney Southern District of Florida 500 E. Broward Blvd, 7th Floor Ft. Lauderdale, FL 33394 Re: B.B. I JEFFREY EPSTEIN OUR FILE NO.: 080303 Dear After taking the deposition of Police Chief, it came to our attention that apparently a computer which was initially seized dunng the search warrant conducted on Mr. Epstein's home was returned by the FBI to a private investigator employed by Mr. Epstein. We would like to determine who this computer was returned to, and when it was returned. It would assist us greatly if you could check your records to determine when, and if, this was ever done. Additionally, according to the sworn testimony of Chief es department was provided with a letter containing a list of potential victims of Mr. Epstein. This letter contained language pursuant to a previously unknown Federal Statute which apparently directed him to destroy the letter after reading it. We hereby request that your office advise what Statute or Code that letter was referring to. Finally, we would like to schedule the depositions of FBI Special Agents Please let me know who we need to direct our subpoenas to in order to schedule these depositions. I appreciate your immediate attention to this matter. Should you have any additional questions about these issues, please do not hesitate to contact me at once. STK:mlb CRAsl IWORTIIINESS • MANAGED CARE ABUSE • CONSUMER CLASS ACTIONS • PERSONAL INJURY • WRONGFUL DEATH EFTA00233470 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 1 of 19 aglepeltel An Sealed IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Civil Action No. 10-80309 JANE DOE No. 103, Plaintiff, I JEFFREY EPSTEIN, Defendant. FILED byjaD C FEB 2 3 2010 STEVEN M. LARIMORE CLERK IJ S 01ST CT 8. C. of FI.A. - MIAMI COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, Jane Doe No. 103 ("Plaintiff'), brings this Complaint against Defendant, Jeffrey Epstein ("Defendant"), and states as follows: PARTIES, JURISDICTION, AND VENUE 1. At all times material to this cause of action, Plaintiff was a resident of Palm Beach County, Florida. 2. This Complaint is brought under a fictitious name to protect the identity of Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse of a then minor. 3. At all times material to this cause of action, Defendant owned a residence located at 358 El Brillo Way, Palm Beach, Palm Beach County, Florida. 4. Defendant is presently a citizen of the United States Virgin Islands. Pursuant to the plea agreement entered by the Defendant in state court and the sentencing which occurred on June 30, 2008, Defendant is currently under community control in Palm Beach County, Florida. Seakd Podhurst Orseck, P.A. 25 West Plaster Street Suite 800, Miami, FL 33130, Miami VKAS8.2800 Fax 305358.2382 • Fort Lauderdale 954.4614346 .j\C)1‘.S() rewre.podhunittom EFTA00233471 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 2 of 19 5. Defendant is an adult male born on January 20, 1953. 6. This Court has jurisdiction over this action and the claims set forth herein pursuant to 18 U.S.C. § 2255. 7. This Court has venue of this action pursuant to 28 U.S.C. § 1391(b), as a substantial part of the events giving rise to the claim occurred in this District. STATEMENT OF FACTS 8. At all relevant times, Defendant was an adult male spanning the ages of 45 and 55 years old. Defendant is known as a billionaire financier and money manager with a secret clientele limited exclusively to billionaires. He is a man of tremendous wealth, power, and influence. He owns a fleet of aircraft that includes a Gulfstream IV, a helicopter, and a Boeing 727, as well as a fleet of motor vehicles. Until his incarceration pursuant to the plea entered and sentencing, which occurred on June 30, 2008, he maintained his principal place of residence in the largest dwelling in Manhattan, a 51,000-square-foot eight-story mansion on the Upper East Side. He also owns a $6.8 million mansion in Palm Beach, Florida, a $30 million 7,500-acre ranch in New Mexico he named "Zorro," a 70-acre private island known as Little St. James in the U.S. Virgin Islands, a mansion in London's Westminster neighborhood, and another residence in the Avenue Foch area of Paris. The allegations herein concern Defendant's conduct while at his lavish residence in Palm Beach and numerous other locations both nationally and internationally. 9. Defendant has a sexual preference for underage minor girls. lie engaged in a plan, scheme, or enterprise in which he gained access to countless vulnerable and relatively economically disadvantaged minor girls, and sexually assaulted, molested, and/or exploited these girls, and then gave them money. Podhurst Orseck, P.A. 2 25 West Flagler Street. Suite 800. Miami, FL 33130, Miami 305.358.2800 Fax 305358.2382 • Fat Lauderdale 954.463.4316 www.podhurst.com EFTA00233472 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 3 of 19 10. Beginning in or around 1998 through in or around September 2007, Defendant used his resources and his influence over vulnerable minor girls to engage in a systematic pattern of sexually exploitative behavior. 11. Defendant's plan and scheme reflected a particular pattern and method. Defendant coerced and enticed impressionable, vulnerable, and relatively economically less fortunate minor girls to participate in various acts of sexual misconduct that he committed upon them. Defendant's scheme involved the use of underage girls, as well as other individuals, to recruit underage girls. Defendant and/or an authorized agent would call and alert Defendant's assistants shortly before or after he arrived at his Palm Beach residence. His assistants would call economically disadvantaged and underage girls from West Palm Beach and surrounding areas who would be enticed by the money being offered and who Defendant and/or his assistants perceived as less likely to complain to authorities or have credibility issues if allegations of improper conduct were made. The then minor Plaintiff and other minor girls, some as young as 14 years old, were transported to Defendant's Palm Beach mansion by Defendant's employees, agents, and/or assistants in order to provide Defendant with "massages." 12. Many of the instances of illegal sexual conduct committed by Defendant were perpetrated with the assistance, support, and facilitation of at least three assistants who helped him orchestrate this child exploitation enterprise. These assistants would arrange times for underage girls to come to Defendant's residence, transport or cause the transportation of underage girls to Defendant's residence, escort the underage girls to the massage room where Defendant would be waiting or would enter shortly thereafter, urge the underage girls to remove their clothes, deliver cash from Defendant to the underage girls and/or their procurers at the conclusion of each "massage appointment," and assist Defendant in taking nude photographs Podhurst Orseck, P.A. 3 25 West Hagler Street, Suite 800, Miami, FL 33130, Muni 305358.2800 Fax 306358.2382 • Fort Lauderdale 954.463.4346 www.podhurst.corn EFTA00233473 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 4 of 19 and/or videos of the underage girls with and/or without their knowledge. Defendant would pay the procurer of each girl's "appointment" hundreds of dollars. 13. Defendant designed this scheme to secure a private place in Defendant's Palm Beach mansion where only persons employed and invited by Defendant would be present, so as to reduce the chance of detection of Defendant's sexual abuse and/or exploitation, as well as to make it more difficult for the minor girls to flee the premises and/or to credibly report his actions to law enforcement or other authorities. The girls were usually transported by his employee(s), agent(s), and/or assistant(s) and/or by taxicab(s) and/or motor vehicle(s) paid for by Defendant, which also made it difficult for the girls to flee his mansion. 14. Upon her initial arrival at Defendant's Palm Beach mansion, each underage victim would generally be introduced to one of Defendant's assistants, who would gather the girl's personal contact information. The minor girl would be led up a remote flight of stairs to a room that contained a massage table and a large shower. 15. At times, if it was the girl's first "massage" appointment, another female would be in the room to "lead the way." Generally the other female would leave, or Defendant would dismiss her. Often, Defendant would start his massage wearing only a small towel, which eventually would be removed. Defendant and/or the other female would direct the girl to massage him, giving the minor girl specific instructions as to where and how he wanted to be touched, and then direct her to remove her clothing. Defendant would then perform one or more lewd, lascivious, and sexual acts, including masturbation; fondling the minor's breasts and/or sexual organs; touching the minor's vulva, vagina, and/or anus with a vibrator, back massager, his finger(s), and/or his penis; digitally penetrating her vagina; performing intercourse, oral sex, and/or anal sex; and/or coercing or attempting to coerce the girl to engage in lewd acts and/or Podhurst Orseck, P.A. 4 25 West Resler Street, Suite 800, Miami, FL 33130, Miami 3053582500 Fax 305.3582382 • Fort Lauderdale 954.463.4346 www.pocUsunt.coan EFTA00233474 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 5 of 19 prostitution and/or enticing the then minor girl to engage in sexual acts with another female in Defendant's presence. The exact degree of molestation and frequency with which the sexual exploitations took place varied and is not yet completely known; however, Defendant committed such acts regularly on a daily basis and, in most instances, several times a day. In order to facilitate the daily exchanges of money for sexual assault and abuse, Defendant kept U.S. currency readily available. 16. Defendant traveled out of Florida to Palm Beach for the purpose of luring minor girls to his mansion to sexually abuse and/or batter them. He used the telephone to contact these minor girls for the purpose of coercing them into acts of prostitution and to enable himself to commit sexual battery against them and/or acts of lewdness in their presence, and he conspired with others, including his employee(s), assistant(s), driver(s), pilot(s), and/or agent(s), to facilitate these acts and to avoid police detection. Defendant's systematic pattern of sexually exploitative behavior described above also occurred in Defendant's other domestic and/or international residences, places of lodging, and/or modes of transportation. 17. Consistent with the foregoing plan and scheme, Defendant used his money, wealth, and power to unduly and improperly manipulate and influence the then minor Plaintiff. A vulnerable young girl, Plaintiff was merely a seventeen year old high school student when she was first lured into Defendant's sexually exploitative world in or about January 2004. Plaintiff was recruited while at work by a co-worker, one of the minor victims Defendant paid to procure underage females. Plaintiff went to Defendant's Palm Beach mansion accompanied by this co- worker. Upon arriving, Plaintiff was led by one of Defendant's assistants up a flight of stairs to a spa room with a shower and a massage table. Defendant entered this room wearing only a towel. Defendant suddenly removed his towel, exposing his naked body, and then lay on the massage Podhurst Orseck, P.A. 5 25 Weal Flagler Street Suite 800, Miami, FL 33130, Miami 305.358.2800 Fax 305358.2382 • Fort Lauderdale 954.463.4346 I www.podhund.com EFTA00233475 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 6 of 19 table. Defendant told Plaintiff to massage his back and take off her clothing, which she refused to do. Defendant then began to try to touch the minor Plaintiff and/or take off her clothing. After Defendant's relentless pawing, she reluctantly removed some of her clothing. During this encounter, Defendant turned over on his back and fondled Plaintiff's breasts, despite her repeatedly telling him not to do so. As Plaintiff massaged Defendant, Defendant proceeded to masturbate until ejaculation. Defendant then paid Plaintiff two hundred dollars, and Plaintiff was escorted out of Defendant's mansion and left Defendant's property. 18. A similar pattern of grooming continued, and the sexual exploitation progressively escalated, over the course of approximately seventeen months during which Defendant would often travel to Palm Beach. Prior to arriving and wHie in Palm Beach, Defendant and/or his agent(s) would frequently call Plaintiff at her home telephone number and/or other telephone numbers, arranging for encounters with her for Defendant, sometimes twice daily. While usually such contacts were made by his assistants, Defendant personally called Plaintiff repeatedly, despite being told to leave Plaintiff alone. After the first few encounters, Defendant coerced Plaintiff to remove all her clothing, and Defendant penetrated the minor Plaintiff's vagina digitally. Defendant sexually abused and/or battered and/or exploited Plaintiff at least a hundred times between approximately January 2004 and May 2005. Such exploitation included, but was not limited to, Defendant's sexual abuse and battery of Plaintiff with vibrator(s), back massager(s), his finger(s), and his penis. At times, Defendant manipulated Plaintiff to interact sexually with another female. During one encounter, Defendant penetrated the minor Plaintiff's vagina with his penis, all the while narrating and demonstrating his sexual battery of Plaintiff to another female present in the room. While some of the precise dates that Defendant's acts of sexual exploitation occurred are unknown to Plaintiff, these dates are known Podhurst Orseck, P.A. 6 25 West Flagler Street, Suite 800, Want FL 33130, Nang 305358.2800 Fax 305.358.2382 • Fort Lauderdale 954A63.4346 1 www.podhurstcom EFTA00233476 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 7 of 19 to Defendant, as he and/or his assistants kept written records, some of which are in the custody of law enforcement, of each instance in which he committed lewd acts upon minor girls, including the then minor Plaintiff 19. Defendant's preference for underage girls was well-known to those who regularly procured them for him. The above-described acts of abuse began to occur during a time when Defendant knew that Plaintiff was a minor. Defendant, at all times material to this cause of action, knew and/or should have known of Plaintiffs age of minority. In fact, Defendant repeatedly urged the minor Plaintiff to become legally emancipated in order to accompany him as he traveled, both nationally and internationally. Additionally, Defendant, knowing that Plaintiff was merely seventeen years old, lured her by inviting her to stay with him at his mansion in Manhattan and arranging and/or paying for airplane tickets, theater tickets, and a personal chauffeur as gifts for her upcoming birthday. 20. As part of Defendant's persistent process of grooming Plaintiff and immersing her in his lewd and abusive lifestyle, Defendant regularly showered the ado! seent Plaintiff with gifts, including, but not limited to lingerie, flowers, bikini bathing suit(s), art book(s), purse(s), envelopes of U.S. currency, use of a car, and/or other accoutrements. 21. Defendant possessed photographs of nude underage girls, some of which may have been taken with hidden cameras set up in his residence in Palm Beach. On the day of Defendant's arrest, police found two hidden cameras and photographs of underage girls in Defendant's mansion. Defendant took lewd photographs of Plaintiff with his hidden cameras and transported lewd photographs of Plaintiff and other victims elsewhere using a facility or means of interstate and/or foreign commerce. On one occasion, Defendant manipulated the minor Plaintiff to pose nude for him and photographed her using several rolls of film. One or Podhurst Orseck, P.A. '7 25 West Flagkr Street Suite 800, Miami FL 33130, Miami 305358.2800 Fax 305358.2382 • Fort Lauderdale 954.463.4346 I swnv.podhurstoom EFTA00233477 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 8 of 19 W more of those nude photographs of Plaintiff that were taken by the Defendant when she was a minor were confiscated by the Palm Beach Police Department during its execution of a search warrant of Defendant's Palm Beach mansion on October 20, 2005. 22. Defendant was particularly skillful at discerning his minor victims' respective hopes, dreams, and ambitions. As he did with many of his victims, Defendant lured Plaintiff early-on with modeling opportunities, impressing her with his modeling business and contacts with supermodels, indicating that he could help her with a modeling career. 23. Knowing that the minor Plaintiff was an excellent student and desired to attend New York University or Columbia University, Defendant pretended to show great interest in her college admission, and offered to help her with her applications and to assist her with her tuition. Defendant had told Plaintiff of his substantial connections within the academic community, a matter about which he often bragged. Defendant took it upon himself to take control of Plaintiff's college application process and led Plaintiff to believe that he was sincere about helping her. Even though she had earned a Bright Futures Scholarship to the Florida college of her choice, Defendant insisted that she would not need it, and that, with his involvement, she would be admitted into one or both of the universities in New York. As a result of Defendant's manipulation, Plaintiff did not apply timely for the Bright Futures Scholarship or to any college, and therefore missed the fall semester of her freshman year. When the Palm Beach Police Department executed the search warrant on Defendant's mansion, among the artifacts found and confiscated were Plaintiff's high school transcript. 24. In June 2008, after an investigation by the Palm Beach Police Department, the State Attorney's Office, the Federal Bureau of Investigation, and the United States Attorney's Office, Defendant entered pleas of "guilty" to one count of solicitation of prostitution, in Podhurst Orseck, P.A. 8 25 West Hagler Street. Suite 800, Miami, FL 33130, Miami 3(6.358.2900 Fax 305358.2'182 • Fort Lauderdale 954.163.4346 I w w w . p o d h u r s t r o m EFTA00233478 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 9 of 19 violation of Fla. Stat. § 796.07, and one count of solicitation of a minor to engage in prostitution, in violation of Fla. Stat. § 796.03 in the Fifteenth Judicial Circuit in Palm Beach County, Florida. 25. As a condition of that plea, Defendant entered into a Non-Prosecution Agreement, Addendum, and Affirmation (collectively, the "NPA") with the United States Attorney's Office for the Southern District of Florida on September 24, 2007, October 29, 2007, and December 7, 2007, respectively. In so doing, Defendant acknowledged that Plaintiff was one of his victims and agreed to the following provisions of the NPA : 8. If any of the [acknowledged victims] elects to file suit pursuant to 18 U.S.C. §2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. §2255, and agrees to waive any other claim for damages, whether pursuant to state, federal or common law. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. §2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions of evidence or evidence of civil or criminal liability or a waive of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States (emphasis added). 26. Plaintiff was among the individuals identified by the United States Attorney's Office as victims of Defendant upon whose testimony it intended to base its federal prosecution of Defendant for his illegal conduct. Consequently, Defendant is estopped by his state court plea and the Non-Prosecution Agreement from denying the acts alleged in this Complaint and must effectively admit liability to Plaintiff, Jane Doe No. 103. COUNT ONE Podhurst Orseck, RA. 9 75 West Hagler Street, Suite 800, Miami, FL 33130, Miami 305.3582800 Fax 305.358.2382 • Fort Lauderdale 954.4634346 www.podtturatcom EFTA00233479 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 10 of 19 (Cause of Action for Coercion and Enticement of Minor to Engage in Prostitution or Sexual Activity pursuant to 18 U.S.C. § 2255 in Violation of 18 U.S.C. 4 2422(b)) 27. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs 1 through 26 above. 28. Defendant used a facility or means of interstate and/or foreign commerce to knowingly persuade, induce, entice, or coerce Plaintiff, when she was under the age of 18 years, to engage in prostitution and/or sexual activity for which any person can be charged with a criminal offense, or attempted to do so, pursuant to 18 U.S.C. § 2255 in violation of 18 U.S.C. § 2422(b). 29. Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. 30. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. Podhurst Orseck, P.A. 10 25 West Flag/er Street, Suite 800, Miami, FL 33130, Miami 305.358 2800 Fax 305358.2382 • Fort Lauderdale 954.463.4316 t wenv.podhuracom EFTA00233480 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 11 of 19 WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT TWO (Cause of Action for Travel with Intent to Enaaae in Illicit Sexual Conduct pursuant to 18 U.S.C. § 2255 in Violation of 18 U.S.C. 24231bn 31. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs I through 26 above. 32. Defendant traveled in interstate and/or foreign commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, including the then minor Plaintiff, in violation of 18 U.S.C. § 2423(b). 33. Plaintiff was a victim of one or more oftbnses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. 34. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn Podhurst Orseck, P.A. 11 25 West Flagler Street, Suite 800, Miami, Fl. 33130, Miami 305358.2800 Fax 305158.2182 • Feat Lauderdale 954.463.4346 I www.podhunt.com EFTA00233481 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 12 of 19 income in the future, and a loss of the capacity to enjoy life. These injur:es are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT THREE (Cause of Action for Sexual Exploitation of Children pursuant to 18 U.S.C. & 2255 in Violation of 18 U.S.C. § 2251) 35. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs 1 through 26 above. 36. Defendant knowingly persuaded, induced, enticed, or coerced the then minor Plaintiff to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, in violation of 18 U.S.C. § 2251. 37. Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. 38. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical Podhurst Orseck, P.A. 12 25 West Flagler Street, Suite 800, Miami, F133130. Mlanti 305358.2800 Fax 305358.2382 • Port Lauderdale 954.40.4346 t wvo.v.podtaustcom EFTA00233482 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 13 of 19 and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries arc permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT FOUR (Cause of Action for Transport of Visual Depiction of Minor Engaging in Sexually Explicit Conduct pursuant to 18 U.S.C. 2255 in Violation of 18 U.S.C. §2252(a)(1)1 39. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs 1 through 26 above. 40. Defendant knowingly mailed, transported, shipped, or sent via computer and/or facsimile in or affecting interstate and/or foreign commerce at least one visual depiction of the minor Plaintiff engaging in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(I). 41. Defendant transported lewd photographs of Plaintiff and other victims elsewhere using a facility or means of interstate and/or foreign commerce. 42. Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. 43. As a direct and proximate result of the offenstes enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, Podhurst Orseck, RA. 13 25 West Hagler Street, Suite 800, Miami, FL 33130, Miami 305.358.2500 Fax 305358.2382 • Fort Lauderdale 954.463.4346 I www.podhurattom EFTA00233483 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 14 of 19 loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT FIVE (Cause of Action for Transport of Child Pornography pursuant to 18 U.S.C. 4 2255 in Violation of 18 U.S.C. 2252A(a)(1)) 44. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs I through 26 above. 45. Defendant knowingly mailed, transported, shipped, or sent via computer and/or facsimile in or affecting interstate and/or foreign commerce child pornography, in violation of 18 U.S.C. § 2252A(a)(I). 46. Defendant transported lewd photographs of Plaintiff and other victims elsewhere using a facility or means of interstate and/or foreign commerce. 47. Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. Podhurst Orseck, P.A. 14 26 West Flagkr Street, Suite 800, Miami, FL 33130, Miami X6.3582900 Fax 7063582382 • Fort Lauderdale 954.463.4346 t www.podhuratcout EFTA00233484 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 15 of 19 48. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries arc permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT SIX (Cause of Action for Engaging in a Child Exploitation Enterprise pursuant to 18 U.S.C. 42255 in Violation of 18 U.S.C. § 2252A(2)) 49. Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the allegations contained in paragraphs I through 26 above and Counts One through Five above. 50. Defendant knowingly engaged in a child exploitation enterprise, as defined in 18 U.S.C. § 2252A(g)(2), in violation of 18 U.S.C. § 2252A(g)( I ). As more fully set forth above, Defendant engaged in actions that constitute countless violations of 18 U.S.C. § 1591 (sex trafficking of children), Chapter 110 (sexual exploitation of children in violation of 18 U.S.C. §§ Podhurst Orseck, P.A. I5 25 West Hagler Street, Suite 800, Miami, F1.33130, Miami 3053582900 Fax 305.3582382 • Fort Lauderdale 954.463.4346 I www.podhurst.com EFTA00233485 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 16 of 19 2251, 2252(a)(1), and 2252(A)(a)(1)), and Chapter 117 (transportation for illegal sexual activity in violation of 18 U.S.C. §§ 2421. 2422(b), and 2423(b)). As more fully set forth above in paragraphs I through 26, Defendant's actions involved countless victims and countless separate incidents of sexual abuse, which he committed against minors, including Plaintiff, in concert with at least three other persons. 51. Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255, and, as such, asserts a cause of action against Defendant pursuant to this Section of the United States Code. 52. As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, contusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant's manipulating and luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future incur additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. WHEREFORE, Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages, Podhurst Orseck, P.A. 16 25 West Flagler Street Suite 800, Minµ FL 33130, Nand 305.358.2800 Fax 305358.2322 • Fort Lauderdale 954.463.4316 www.podhurst.com EFTA00233486 Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 Page 17 of 19 attorney's fees, costs of suit, and such other further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. Date: ‘44..Art.AA-r-12)-3 , 2010. Respectfully Submitted, By: R-W- C. e-pecli lay Robert r Jose e g Katherine W. Ezell Attorneys or Plaintiff Podhurst Orseck, P.A. 17 25 West Hagler Street, Suite 800„ Miami, FL 33130, Miami 31:6393.2800 Fax 305.358.2382 • Fort Lauderdale 954463A346 rst EFTA00233487 .435 A IRey. ICOR) Case 9:10-cv-80309-WJZ Document 1 Entered on FLSD Docket 03/09/2010 PagDe 18 of 19 WilD CIVIL COVER SHEET Then 44 civilcover sheet and the information contained herein neither replace nor supplanau the filingand service of pkadings or other spas as roquircd by law, except as provided by local rules °feast This form, approved by the Judicial Conference of the United States in September 1974. is required forth o lag of Coup for the purpose of initiating the civil docket Acct. oat INSTRUCTIONS ON THE REVERSE OF THE FORM.) NOTICE: Attorneys MUST Indica led Cases Below. I. (a) PLAINTIFFS Jane Doe No. 103 io-8U (b) County of Resider & of First Listed Plaintiff West Palm Beach (EXCEPT IN U.S. PLAINTIFF CASES) (c) Attorney's (Firm Nets*. Addrtu. one Tapirs/ Number) Robert C. Josefsberg, Esq./Katherine W. Ezell, F.sq. Podhurst °meek, P.A. My. stein M n NTS e FILED by rp__ D C. County of Residence of First Listed Dcfcriam Unite . tales Virgin (IN U.S. PLAINT F CASES ONLY) 20* NOTE: IN LAND CONDEMNATION OASES. fay. 24, THE 7 LAND 'IWO/val. SYEVEm R4 LARluODE AC I Attorneys Or Keen) CLERK U.S. DIST. CT. Robert D. Critton, Esq., Burman, (..sitioltaataCaitIL.L...p, • 303 Banyan Blvd., Suite 400, West Palm Beach, FL 33401 WI Check County Whine Mien &OM CI MIAMI. OAHE O MONROE fl BROW AR D 16 PALM BEACH 3 MARTIN 0 SI. LUCIE 3 INDIAN RIVER 0 OKEECHOBEE HIGHLANDS II. BASIS OF JURISDICTION O I V. S. Dovoramom PNWIr O 2 LI S.COPT/10CM Dekndani /13 (Place en - X' • Ott Bist Osyl Carol portion (U.S. 0 ***** meal Nolo Party) 3 4 Onenky Undicer cieuissaip of Praia. • IOUS III) IV. NATURE ' Pis not 0.1 I CONTRACT TORTS POTIFEITURECITNALTY BANKRUPTCY OTHER STATUTES I 0 110 tolerance 0 Ill Manse 0 U0 Miller Act 0 140 Nogonabk Insiniesei 3 ISO Recovery of 0 ye:payers* & Ceferemer of nufroect O 151 Madame. Art 0 IS) Recovery of De(aoned Student Loans Mod Veterans) 0 133 Remarry of Overpayment of Velerio'• Sea41114 0 160 Slockbolden' Suitt 0190 Other Centro O 19S Contract Prodwif Liability 0 106 trencher PERSONAL INJURY PERSONAL INJURY 0 310 Aitylsoe 3 36:terser I fejury • O 113 Airflow Product Med. Maserlke Lethality 3 365 teleran tarry • O31O Assert. Libel • Proctor, Liability Slander 0 364 Asbeslos Parris' 0130 Federal Emplorts. latery Prod.., Liobilny Lisbilry 0 140 Marine PERSONAL PROPERTY 0 )45 Merin Proud 0 370 Other Ford Liabitiry 0 37i Tomb In Eerier 0 350 Manor Vehicle 0 Ito Oilet Personal 0 155 Motor Vehicle Properly Damage hydro LIMOMY 3 355 Propeny Demise • 360 Other Personal Product trability IWorY 0 610 Remotion 0 620 Other Food • Dr. 0 615 Drug Related Seiniee of Prow, 21 USC III 0 630 LWeee Laws 0 640 R.R. • Truck 0 630 A KWH Rest n 640 Oreoprional Sereiffifealch o 690 Other 0 422 Appeal 21 USC 151 0 423 Willtdrowsl 25 USC I)/ 3 400 Sloe RcepporSool 3 410 Amore 3 430 Hanks and Seabing 0 450 Comment 0 460 09poneloa 0 470 Rat (deer lathered NW Court Orpoilailer 3 IRO Coruna C NCI 0 490 CeblOSsi TV 0 410 Selective Service 0 1St Setettles/Coalstothlet/ fl are. 0 575 Comm. Challenge 12 USC 3410 0 590 [Other Parlor Action. 0 691 Agrieurral Acts 0 692 Economic Slabilhation Act 3 103 E9990:666Nomi Malta. 0 (94 [orgy Alloralon Act 0 195 Freedom of lafeesellon Ace D 900 Appeal of Fee Determinatio• Under Equal Access to Janice 0 150 Constitutionality of Stoic Siatas PROPERTY RIGHTS O *20 Copyrights 0 130 Patent O IA0 /radian& L LABOR SOCIAL SECURITY 5 710 Fair Labor Sialiderde Act 3 720 Lebellki gait Reletiorn 0 730 LaboralgeoLlteporeing a Dbrlorro Act 0 740 Railway Leber Ad 3 790 Other Labor Litigate* 0 79) Foga Roe In. Scrorler Ail 0561 141A (I 391f11 0 162 Black Lunt:1423) 0161 DIWODIWW 1405(g)) 3 564 *SID Thlo X VI 0 461151146,1.)) I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS 3 210 Lem, Coarleilleallea 0 220 Foreclosure 0 230 Rem Lease • Ejeclarl 0 240 Tons to Load 0 245 Ton Prawn 'Ability O 290 All Other Real Propiery 0 441 Verlag 0 442 Employers 0 44) Horlagr Accommodations 3 444 Welfare 445 Ante wrthubilkka ..... 3 t mployers, 0 446 Amer. ia/Dlashiliams - 3 Orr 3 440 Orber Cent R4),, 0 510 Motion* to Vacate semen* Rohm's Corpus: .1 $30 I:lewd 0 535 Death Perky I 340 Mastellive a Other 5511C Wil Ishii 0 sss „ son cosies. 0 470 ttttt (U.S. Plaintiff or Ocke4sai) O 1171 IRS —Turd Party 26 CSC 7609 I ms4trgATmN O 142 Witr ahrni* Application 463 Haber C Aro 5 Demises 0 445,0therlinm•rolioa Ac Ins III. CITIZENSHIP OF PRINCIPAL PAR TIES(russ se ia 0•4 Br foe Plelmiff for Unruly Corr Only) is One Bee fee Deferadaoll PT. 0EV MP DE? Celt n of This Sim I I 0 I Incorporatcd or Pall( ben Plate 0 4 0 4 of IIIIIS410 In This Slaw ; Chun of Another Sure 3 a fa 2 Ineorpomied and Prinelpil Plage or Rosiness In A soar Stow Cilacn or Subject of a 0 1 0 3 FOIere• Nellie total.. COyerrY O S 0 $ O 6 3 6 I ORIGIN (Mess - X" is Or Oely) 47) I Original Cl 2 Removed from CI 3 Re-fitcd- Proceeding State Court (see VI below) Trans erred from O 4 Reinstated or ti 5 another district CJ 4 health:KUM Reopened (specify) Litigation Appall." District O 7 ludge from Magistrate hxlsnau VI. RELATED/RE-FILED CASE(S). (See instructor nerd page) a) Re-fikd Case OYES 83 NO b) Related Casts 01 YES ONO JUDGE Kenneth A. Marra DOCKET NUMBER Sec Attached. VII. CAUSE OF ACTION Ci c the U.S. Civil Statute under which you arc filing and Write a Brief Statement of Cause (De Not die Jarhdialonal statutes aimless diversity): 18 U.S.C. 2255 (Predicate Statutes 18 U.S.C. 2422(b), 2423(b), 2423(e), 2251,2252, 2252A(a)(I), 2252A(g)(1) LENGTH OF TRIAL vie I days estimated (for both sides 10 try entire case) VIII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 21 2 -9 eyne cc- DC gt 'ZS--Mee. JURY DEMAND: f i a t? No SIGNATURE Of ATTORNEY OF RECORD i D ATE Si FSLS-j: 14 -• lA • Eadat--- 07 :37/0 FOR OFFICE USE ONLY AMOUNT 3S P •,f) 0 RECEIPT 4 (Of 1Not,,p__ IF. ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE EFTA00233488 Case 9:10-cv-80309-WJZ Document 1 Entered an FLSD Docket 03/09/2010 Page 19 of 19 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION ATTACHMENT TO CIVIL COVER SHEET FOR: Jane Doe 103 Jeffrey Epstein VI. RELATED PENDING CASES 08-80119 - KAM 08-80232 - KAM 08-80380 - KAM 08-80381 - KAM 08-80811 - KAM 08-80893 - KAM 08-80993 - KAM 08-80994 - KAM 09-80469 - KAM 09-80802 - KAM 09-81092 - KAM EFTA00233489 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-80309-CIV- JANE DOE No. 103, Plaintiff, vs. JEFFERY EPSTEIN, Defendant. DEFENDANT EPSTEIN'S MOTION TO DISMISS, & FOR MORE DEFINITE STATEMENT & STRIKE DIRECTED TO PLAINTIFF JANE DOE NO. 103'S COMPLAINT 'dated 2/23/20101 Defendant, JEFFREY EPSTEIN, ("EPSTEIN"), by and through his undersigned counsel, moves to dismiss Counts One through Six of Plaintiff JANE DOE 103's Complaint for failure to state a cause of action, as specified herein. Rule I 2(b)(6), Fed.R.Civ.P. (2009); Local Gen. Rule 7.1 (S.D. Fla. 2009). Defendant further moves for more definite statement and to strike. Rule I 2(e) and (0, In support of his motion, Defendant states: The Complaint attempts to allege 6 counts, all of which arc purportedly brought pursuant to 18 U.S.C. §2255 — Civil Remedies for Personal Injuries. Dismissal is required on the following grounds: (I) 18 U.S.C.A. §2255 allows for a single recovery of "actual damages." (A.) Statutory Considerations: the statute does not allow for the Plaintiff to allege multiple counts, six in this case, or multiple predicate act violations or incidents, in an effort to multiply or seek duplicate recoveries of her "actual damages" EFTA00233490 based on the number of predicate act violations or incidents. The statutory minimum is just that — a minimum; nothing prevents a plaintiff from proving and recovering "actual damages" in excess of the minimum amount. (B.) Constitutional Considerations: in the alternative, constitutional principles require that the statute be interpreted as allowing for a single recovery of one's damages. Thus, to the extent Plaintiff is seeking to improperly multiply or seek duplicate recoveries of her actual damages, the action is required to be dismissed. (2) The statute in effect during the time of the alleged conduct applies — the version in effect from 1999 to July 26, 2006, not the statute as amended in 2006, effective July 27, 2006. To the extent Plaintiff is attempting to rely on the amended version of the statute, such reliance is improper and also requires dismissal of the entire action. (3) Count VI is also subject to dismissal because the predicate act relied upon by Plaintiff did not come into effect until July 27, 2006, well after the conduct alleged by Plaintiff occurred. Supporting Memorandum of Law Principles of Statutory Interpretation It is well settled that in interpreting a statute, the court's inquiry begins with the plain and unambiguous language of the statutory text. CBS. Inc.'. Prime Time 24 Venture 245 F.3d 1217 (I 1th Cir. 2001)• U.S.. Castroneves, 2009 WL 528251, •3 (S.D. Fla. 2009), citing Reeves Astrue, 526 F.3d 732, 734 (11th Cir. 2008); and Smith I. Husband, 376 F.Supp.2d at 610 ("When interpreting a statute, [a court's] inquiry begins with the text."). "The Court must first look to the plain meaning of the words, and scrutinize the statute's 'language, structure, and purpose.' Id. In addition, in construing a statute, a court is to presume that the legislature said what it means and means what it said, and not add language or give some absurd or strained interpretation. As stated in 2 EFTA00233491 CBS Inc. supra at 1228 — "Those who ask courts to give effect to perceived legislative intent by interpreting statutory language contrary to its plain and unambiguous meaning are in effect asking courts to alter that language, and '[c]ourts have no authority to alter statutory language.... We cannot add to the terms of [the] provision what Congress left out.' Merritt, 120 F.3d at 1187." See also Dodd U.S., 125 S.Ct. 2478 (2005); 73 A m.J ur.2d Statutes §124. Title 18 of the U.S.C. is entitled "Crimes and Criminal Procedure." §2255 is contained in "Part I. Crimes, Chap. 110. Sexual Exploitation and Other Abuse of Children." I8 U.S.C. §2255 (2002), is entitled Civil remedy for personal injuries, and provides: (a) Any minor who is a victim of a violation of section 224I(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any minor as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value. (b) Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability. See endnote I hereto for statutory text as amended in 2006, effective July 27, 2006. Prior to the 2006 amendments, the version of the statute quoted above was in effect beginning in 1999.1 1 The above quoted version of 18 U.S.C. §2255 was the same beginning in 1999 until amended in 2006, effective July 27, 2006. 3 EFTA00233492 Motion to Dismiss (1) The remedy afforded pursuant to 18 U.S.C. 82255 allows for a single recovery of "actual damages" by a plaintiff against a defendant. The recovery afforded is not on a per violation or per incident or per count basis.2 (A.) Statutory Considerations. 18 U.S.C.A. §2255 - Civil Remedy for Personal Injuries, creates a federal cause of action or "civil remedy" for a minor victim of sexual, abuse, molestation and exploitation, and allows for a single recovery of the "actual damages" sustained and proven by a "minor who is a victim of a violation" of an enumerated predicated act and who suffers personal injury as a result of such violation." "18 U.S.C. §2255 gives victims of sexual conduct who are minors a private right of action." Martinez White, 492 F.Supp.2d 1186, 1188 (N.D. Cal. 2007). 18 U.S.C.A. §2255 "merely provides a cause of action for damages in `any appropriate United States District Court.'" Id, at 1189. Under the plain meaning of the statute, §2255 does not allow for the actual damages sustained to be duplicated or multiplied on behalf of a plaintiff against a defendant on a "per violation" or "per incident" or "per count" basis. No where in the 2 In other §2255 actions filed against Defendant, Defendant has previously asserted the position that 18 U.S.C. §2255's creates a single cause of action on behalf of a plaintiff against a defendant, as opposed to multiple causes of action on a per violation basis or as opposed to an allowance of a multiplication of the statutory presumptive minimum damages or "actual damages." EPSTEIN asserts his position regarding the single recovery of damages in order to properly preserve all issues pertaining to the proper application of §2255 for appeal. EPSTEIN will fully honor his obligations as set forth in the Non-Prosecution Agreement with the United States Attorney's Office; principally, as related to the claims made in this case by Jane Doe 103, the obligations as set forth in paragraph 8 of that Agreement. In particular, EPSTEIN will not contest the allegation that he committed at least one predicate offense as alleged by Jane Doe 103, a waiver sufficient to satisfy the 2255 statutory condition that Jane Doe 103 was a victim of the commission of one of the enumerated predicate violations as required. 4 EFTA00233493 statutory text is there any reference to the recovery of damages afforded by this statute as being on a "per violation" or "per incident" or "per count" basis. 18 U.S.C. 2255(a) creates a civil remedy for "a minor who is a victim of a violation of section 224I(c), 2242, 2243, 2251, 225IA, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation ... ." The statute speaks in terms of the recovery of the "actual damages such minor sustains and the cost of suit, including attorney's fees." See 18 U.S.C. §2255(a) (2002). See Smith Husband, 428 F.Supp.2d 432 (E.D. Va. 2006); Smith Husband, 376 F.Supp.2d 603 (E.D. Va. 2006); Doe'. Liberatore 478 F.Supp.2d 742, 754 (M.D. Pa. 2007); and the recent cases in front of this court on Defendant's Motions to Dismiss and For More Definite Statement — Doe No. 2 Epstein, 2009 WL 383332 (S.D. Fla. Feb. 12, 2009); Doe No. 31. Epstein 2009 WL 383330 (S.D. Fla. Feb. 12, 2009); Doe No. 41. Epstein, 2009 WL 383286 (S.D. Ha. Feb. 12, 2009); and Doe No. 5I. Epstein, 2009 WI, 383383 (S.D. Fla. Feb. 12, 2009); see also U.S. Scheidt, Slip Copy, 2010 WL 144837, fn. 1 (E.D.CaI. Jan. II, 2010)- U.S.'. Rena, 2009 WI, 2579103, fn. I (E.D. Cal. Aug. 19, 2009); U.S. Ferenci, 2009 WL 2579102, fn. I (E.D. Cal. Aug. 19, 2009); U.S. Monk, 2009 WL 2567831, fn. I (E.D. Cal. Aug. 18, 2009). U.S.' Zane, 2009 WL 2567832, fn.l (E.D. Cal. Aug. 18 2009). As to the meaning of "actual damages," the Eleventh Circuit in McMillian i t F.D.I.C., 81 F.3d 1041, 1055 (I I th Cir.1996)3, succinctly explained: 3 In McMillian the I 1th Circuit was faced with the task of the interpretation of the statutory term "actual direct compensatory damages" under FIRREA, 12 U.S.C. §I821W(3)(i). In doing so, the Court began with the plain meaning of the phrase. See Perrin g United States 444 U.S. 37, 42-43, 100 S.Ct. 311, 314, 62 L.Ed.2d 199 (1979) ("A fundamental canon of statutory construction is that, unless otherwise defined, words will besinterpreted as taking their ordinary, contemporary common meaning."). United States I McLymont, 45 F.3d 400, 401 (11th Cir.), cert. denied, 514 U.S. 1077, 115 S.Ct. 5 EFTA00233494 ... "Compensatory damages" arc defined as those damages that "will compensate the injured party for the injury sustained, and nothing more; such as will simply make good or replace the loss caused by the wrong or injury." Black's Law Dictionary (6th Ed.1991). "Actual damages," roughly synonymous with compensatory damages, arc defined as "[r]eal, substantial and just damages, or the amount awarded to a complainant in compensation for his actual and real loss or injury, as opposed ... to 'nominal' damages [and' 'punitive' damages." Id. Is Finally, "Idlirect damages arc such as follow immediately upon the act done." Id. Thus, "actual direct compensatory damages" appear to include those damages, flowing directly from the repudiation, which make one whole, as opposed to those which go farther by including future contingencies such as lost profits and opportunities or damages based on speculation. [Citation omitted]. ... FN15. According to Corpus Juris Secundum, " 'Compensatory damages' and 'actual damages' are synonymous terms ... and include[ all damages other than punitive or exemplary damages." 25 C.J.S. Damages § 2 (1966). (Emphasis added). See also, Fanin U.S. Dept. of Veteran Affairs, 2009 WI. 1677233 (111h Cir. June 17, 2009), citing Fitzpatrick IRS 665 F.2d 327, 331 (11th Cir. 1982), abrogated on other grounds by Doe'. Chao, 540 U.S. 614, 124 S.Ct. 1204 (2004\ "Actual damages" recoverable under the Privacy Act arc "proven pecuniary losses and not for generalized mental injuries, loss of reputation, embarrassment or other non-qualified injuries;" and the statutory minimum of $1,000 under the Privacy Act is not available unless the plaintiff suffered some amount of "actual damages."). Considering the plain meaning of "actual damages" and the purpose of such damages is to "make one whole," to allow a duplication or multiplication of the actual damages sustained is in direct conflict with the well entrenched legal principle against duplicative damages recovery. See generally, E.E.O.C. I. Waffle House, Inc. 534 U.S. 1723, 131 L.Ed.2d 581 (1995) ("Mhe plain meaning of this statute controls unless the language is ambiguous or leads to absurd results."). 6 EFTA00233495 279, 297, 122 S.Ct. 754, 766 (2002\"As we have noted, it 'goes without saying that the courts can and should preclude double recovery by an individual!"), citing General Telephone, 446 U.S., at 333, 100 S.Ct. 1698. The purpose of damages recovery where a Plaintiff has suffered personal injury as a result of Defendant's misconduct is to make the plaintiff whole, not to enrich the plaintiff. See 22 Am.Jur.2d Damages §36, stating the settled legal principle that — The law abhors duplicative recoveries, and a plaintiff who is injured by a defendant's misconduct is, for the most part, entitled to be made whole, not enriched. Hence, for one injury, there should be one recovery, irrespective of the availability of multiple remedies and actions. Stated otherwise, a party cannot recover the same damages twice, even if recovery is based on different theories. , a plaintiff who alleges separate causes of action is not permitted to recover more than the amount of damages actually suffered. There cannot be a double recovery for the same loss, even though different theories of liability are alleged in the complaint. ... . See also, 22 Am.Jur.2d Damages § 28 — The law abhors duplicative recoveries; in other words, a plaintiff who is injured by reason of a defendant's behavior is, for the most part, entitled to be made whole, not to be enriched. The sole object of compensatory damages is to make the injured party whole for losses actually suffered; the plaintiff cannot be made more than whole, make a profit, or receive more than one recovery for the same harm. Thus, a plaintiff in a civil action for damages cannot, in the absence of punitive or statutory treble damages, recover more than the loss actually suffered. The plaintiff is not entitled to a windfall, and the law will not put him in a better position than he would be in had the wrong not been done or the contract not been broken. Sec also recent case of U.S. Baker, 2009 WL 4572, at *8, (F.D. Tx. Dec. 7, 2009), wherein the Court was inclined to agree with the defendant's interpretation of §2255(a) of allowing for a single recovery of the statutory minimum damages amount as opposed to the government's argument that "the minimum amount of damages mandated by 18 U.S.C. §2255(a) applies to each of (pornographic) image produced by 7 EFTA00233496 [defendant]." The government attempted to argue that restitution should be equal to the statutory minimum amount times the 55 photos produced by defendant. In rejecting the government's argument, the Court reiterated that the statutory minimum is a floor for damages — in other words, a mandated minimum. Nothing prevents a plaintiff from proving that he or she suffered damages in a greater amount. In attempting to bring six counts pursuant to §2255, Plaintiff's complaint alleges in part that "Plaintiff was merely a seventeen year old high school student when she was first lured into Defendant's sexually exploitive world in or about January 2004." Complaint, ¶17. According to the allegations, Plaintiff "was recruited while at work by a co-worker, one of the minor victims Defendant paid to procure underage females." Id. The Complaint further alleges, ¶17-26, that Defendant "sexually abused and/or battered and/or exploited Plaintiff at least 100 times between January 2004 and May 2005." If Plaintiff were 17 in January, 2004, she was at least 18 (the age of majority) in January 2005, if not sooner .° Plaintiff alleges identical damages in each of the six counts. Complaint, ¶¶30, 34, 38, 43, 48, and 52. See endnote 2 hereto for Complaint allegations? In other words, Plaintiff is alleging and seeking recovery of duplicative damages in each of the six counts. To the extent Plaintiff is seeking to duplicate her "actual damages" on a per incident or per violation or per count basis, Plaintiff's action is required to be dismissed for failure to state a cause of action. 4 Defendant is moving for more definite statement requiring Plaintiff to specifically state her date of birth because her age and when she reached the age of majority may impact her ability to even pursue a §2255 claim. 8 EFTA00233497 Had Congress wanted to write in a multiplier of actual damages recoverable it could have easily done so. For an example of a statute wherein the legislature included the language "for each violation" in assessing a "civil penalty," see 18 U.S.C. §216, entitled "Penalties and injunctions," of Chapter 11 — "Bribery, Graft, and Conflict of Interests," also contained in Title 18 — "Crimes and Criminal Procedure." Subsection (b) of §216 gives the United States Attorney General the power to bring a "civil action ... against any person who engages in conduct constituting an offense under" specified sections of the bribery, graft, and conflicts of interest statutes. The statute further provides in relevant part that "upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, which ever amount is greater." As noted, 18 U.S.C. §2255 does not include such language. B. Constitutional Considerations.5 As set forth above, it is Defendant's position that the text of 18 U.S.C. §2255 does not allow a Plaintiff to pursue the recovery of actual damages or the minimum afforded under the statute on a "per violation" or "per incident" basis by attempting to allege multiple counts thereunder. In the alternative, if one were to assume that the language of §2255 were vague or ambiguous, under the constitutional based protections of due process, judicial restraint, and the rule of lenity applied in construing a statute, Defendant's position as to the meaning of the statute would prevail. See United States'. Santos 128 S.Ct. 2020, 2025 (2008). As summarized by the United States Supreme Court in Santos supra, at 2025: 3 See argument in sections (2) and (3) that follow which represent the predicate for the rule of lenity issue discussed in B. 9 EFTA00233498 ... The rule of lenity requires ambiguous criminal laws to be interpreted in I favor of the defendants subjected to them. See United States Gradwell, 243 U.S. 476, 485, 37 S.Ct. 407, 61 L.Ed. 857 (1917); McBoyle . United States, 283 U.S. 25, 27, 51 S.Ct. 340, 75 L.Ed. 816 (1931); United States'. Bass, 404 U.S. 336, 347-349, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971). This venerable rule not only vindicates the fundamental principle that no citizen should be held accountable for a violation of a statute whose commands are uncertain, or subjected to punishment that is not clearly prescribed. It also places the weight of inertia upon the party that can best induce Congress to speak more clearly and keeps courts from making criminal law in Congress's stead. ... In Santos the Court was faced with the interpretation of the term "proceeds" in the federal money laundering statute, 18 U.S.C. §1956. "The federal money-laundering statute prohibits a number of activities involving criminal `proceeds."' Id, at 2023. Noting that the term "proceeds" was not defined in the statute, the Supreme Court stated the well settled principle that "when a term is undefined, we give it its ordinary meaning." Id, at 2024. Under the ordinary meaning principle, the government's position was that proceeds meant "receipts," while the defendant's position was that proceeds meant "profits." The Supreme Court recognized that under either of the proffered "ordinary meanings," the provisions of the federal money-laundering statute were still coherent, not redundant, and the statute was not rendered "utterly absurd." Under such a situation, citing to a long line of cases and the established rule of lenity, "the tie must go to the defendant." Id, at 2025. See portion of Court's opinion quoted above. "Because the `profits' definition of `proceeds' is always more defendant friendly that the `receipts' definition, the rule of lenity dictates that it should be adopted." Id. The recent case of United States i. Berdcal 595 F.Supp.2d 1326 (S.D. Fla. 2009), further supports Defendant's argument that the "rule of lenity" requires that the Court resolve any statutory interpretation conflict in favor of Defendant. Assuming for the sake of argument that Plaintiff's multiple counts, leading to a multiplication of the statutory 10 EFTA00233499 damages amount, is a reasonable interpretation, like Defendant's reasonable interpretation, under the "rule of lenity," any ambiguity is resolved in favor of the least draconian measure. In Berdeal, applying the rule of lenity, the Court sided with the Defendants' interpretation of the Lacey Act which makes illegal the possession of snook caught in specified jurisdictions. The snook had been caught in Nicaraguan waters. The defendants filed a motion to dismiss asserting the statute did not encompass snook caught in foreign waters. The United States disagreed. Both sides presented reasonable interpretations regarding the reach of the statute. In dismissing the indictment, the Court determined that the rule of lenity required it to accept defendants' interpretation. To allow a duplication or multiplication would subject Defendant EPSTEIN to a punishment that is not clearly prescribed — an unwritten multiplier of the "actual damages" or the presumptive minimum damages. The rule of lenity requires that Defendant's interpretation of the remedy afforded under §2255 be adopted. In addition, under the Due Process Clause's basic principle of fair warning - ... a criminal statute must give fair warning of the conduct that it makes a crime ... . As was said in United States'. Harriss, 347 U.S. 612, 617, 74 S.Ct. 808, 812, 98 L.Ed. 989, `The constitutional requirement of definiteness is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute. The underlying principle is that no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed.' Thus we have struck down a [state] criminal statute under the Due Process Clause where it was not `sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties.' Connally I. General Const. Co., 269 U.S. 385, 391, 46 S.Ct. 126, 127, 70 Ltd. 322. We have recognized in such cases that `a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law,' ibid., and that 11 EFTA00233500 `No one may be required at peril of life, liberty or property to speculate as to the meaning of penal statutes. All arc entitled to be informed as to what the State commands or forbids.' Lanzctta I. New Jersey, 306 U.S. 451, 453, 59 S.Ct. 618, 619, 83 L.Ed. 888. Thus, applying the statutory analysis, in A. and these well-entrenched constitutional principles of statutory interpretation and application in 13., Plaintiff's cause of action — Counts One through Six — to the extent Plaintiff is attempting to multiply actual damages or the presumptive amount of damages, is required to be dismissed for failure to state a cause of action. f2) In addition, if Plaintiff is relying on the amended version of 18 U.S.C. 622SS, such reliance is improper and requires dismissal of the entire action. It is Defendant's position that 18 U.S.C. 42255 in effect prior to the 2006 amendments applies to this action. f3) Further, Count Six is also required to be dismissed as it relies on a predicate act that was not in effect at the time of the alleged conduct.6 Plaintiff does not specifically allege in her Complaint on which version of 18 U.S.C. §2255 she is relying. However, in the purported Count Six of her Complaint, 150, she alleges that Defendant "knowingly engaged in a child exploitation enterprise, as defined in 18 U.S.C. §2252A(g)(2), in violation of 18 U.S.C. §2252A(g)(1)." §2252A is one of the specified predicate acts under 18 U.S.C. §2255. However, subsection (g) of §2252 was not added to the statute until 2006. Thus, to the extent that Plaintiff is relying on the amended version, such reliance is improper and the entire action is required to be dismissed. Further, in the alternative, Count Six is required to be dismissed as it relies on a statutory predicate act that did not exist at the time of the alleged conduct. The statute in effect during the time the alleged conduct occurred is 18 U.S.C. §2255 (2005) — the version in effect prior to the 2006 amendment, eff. Jul. 27, 2006, ° Points (2) and (3) are addressed together as the legal arguments overlap. 12 EFTA00233501 (quoted above), and having an effective date of 1999 through July 26, 2006. See endnote 1 hereto. Plaintiff's Complaint alleges that Defendant's conduct occurred during the time period from the age of 17, January 2004 until approximately May 2005. Complaint, VII 7, 18. Thus, the version in effect in 2004-2005 of 18 U.S.C. §2255 applies. Under applicable law, the statute in effect at the time of the alleged conduct applies. See U.S. Scheidt, Slip Copy, 2010 WL 144837, fn. 1 (E.D.Cal. Jan. 11, 2010); U.S. I. Remo, 2009 WI, 2579103, fn. 1 (E.D. Cal. Aug. 19, 2009)• U.S. Ferenc', 2009 WI. 2579102, fn. I (E.D. Cal. Aug. 19, 2009); U.S. I. Monk, 2009 WL 2567831, fn. I (E.D. Cal. Aug. IS, 2009); U.S. I. Zane, 2009 WL 2567832, fn.l (E.D. Cal. Aug. 18 2009). In each of these cases, the referenced footnote states — Prior to July 27, 2006, the last sentence in Section §2255(a) read "Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value." Under the civil statute, the minimum restitution amount for any violation of Section 2252 (the predicate act at issue) is $150,000 for violations occurring after July 27, 2006 and $50,000 for violations occurring prior to $50,000. Even with the typo (the extra "$50,000") at the end of the quoted sentence, it is clear that the Court applied the statute in effect at the time of the alleged criminal conduct constituting one of the statutorily enumerated predicate acts, which is consistent with applicable law discussed more fully below herein. It is an axiom of law that "retroactivity is not favored in the law." Bowen, 488 U.S., at 208, 109 S.Ct., at 471 (1988). As eloquently stated in Landgraf I. USI Film Products 114 S.Ct. 1483, 1497, 511 U.S. 244, 265-66 (1994): ... the presumption against retroactive legislation is deeply rooted in our jurisprudence, and embodies a legal doctrine centuries older than our Republic. Elementary considerations of fairness dictate that individuals should have an opportunity to know what the law is and to conform their conduct accordingly; settled 13 EFTA00233502 expectations should not be lightly disrupted .pus For that reason, the "principle that the legal effect of conduct should ordinarily be assessed under the law that existed when the conduct took place has timeless and universal appeal." Kaiser, 494 U.S., at 855, 110 S.Ct., at 1586 (SCALIA, J., concurring). In a free, dynamic society, creativity in both commercial and artistic endeavors is fostered by a rule of law that gives people confidence about the legal consequences of their actions. FN18. See Genera! Motors Corp. Romein, 503 U.S. 181, 191, 112 S.C. 1105, 1112, 117 L.Ed.2d 328 (1992) ("Retroactive legislation presents problems of unfairness that are more serious than those posed by prospective legislation, because it can deprive citizens of legitimate expectations and upset settled transactions"); (Further citations omitted]. It is therefore not surprising that the antiretroactivity principle finds expression in several provisions of our Constitution. The Ex Post Facto Clause flatly prohibits retroactive application of penal legislation.FN19 Article I, § 10, cl. I, prohibits States from passing another type of retroactive legislation, laws "impairing the Obligation of Contracts." The Fifth Amendments Takings Clause prevents the Legislature (and other government actors) from depriving private persons of vested property rights except for a "public use" and upon payment of "just compensation." The prohibitions on "Bills of Attainder" in Art. I, §§ 9-10, prohibit legislatures from singling out disfavored persons and meting out summary punishment for past conduct. See, e.g., United States Brown, 381 U.S. 437, 456-462, 85 S.Ct. 1707, 1719-1722, 14 L.Ed.2d 484 (1965). The Due Process Clause also protects the interests in fir notice and repose that may be compromised by retroactive legislation; a justification sufficient to validate a statute's prospective applicagion under the Clause "may not suffice" to warrant its retroactive application. Usery Turner Elkhorn Mining Co., 428 U.S. 1, 17, 96 S.Ct. 2882, 2893, 49 L.Ed.2d 752 (1976). FNI9. Article I contains two Ex Post Facto Clauses, one directed to Congress (§ 9, cl. 3), the other to the States (§ 10, cl. I). We have construed the Clauses as applicable only to penal legislation. See Calder I Bull, 3 Dall. 386, 390-391, L.Ed. 648 (1798) (opinion of Chase, J.). These provisions demonstrate that retroactive statutes raise particular concerns. The Legislature's unmatched powers allow it to sweep away settled expectations suddenly and without individualized consideration. Its responsivity to political pressures poses a risk that it may be tempted to use retroactive legislation as a means of retribution against unpopular groups or ingividuals. As Justice Marshall observed in his opinion for *9498 the Court in Weaver I Graham, 450 U.S. 24, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981), the Ex Post Facto Clause not only ensures that individuals have "fair warning" about the effect of criminal statutes, but also "restricts governmental power by restraining arbitrary and potentially vindictive legislation." Id.. at 28-29, 101 S.Ct., at 963-964 (citations omitted). FN10 FN20. See Richmond I J. A. Croton Co., 488 U.S. 469, 513-514, 109 S.Ct. 706, 732, 102 L.Ed.2d 854 (1989) ("Legislatures are primarily policymaking bodies that promulgate rules to govern future conduct. The constitutional prohibitions against the enactment of ex post facto laws and bills of attainder reflect a valid concern about. the use of the political process to punish or characterize past conduct of 14 EFTA00233503 private citizens. It is the judicial system, rather than the legislative process, that is best equipped to identify past wrongdoers and to fashion remedies that will create the conditions that presumably would have existed had no wrong been committed") (STEVENS, J., concurring in part and concurring in judgment); James I United States, 366 U.S. 213, 247, n. 3, 81 S.Ct. 1052, 1052, n. 3, 6 L.Ed.2d 246 (1961) (retroactive punitive measures may reflect "a purpose not to prevent dangerous conduct generally but to impose by legislation a penalty against specific persons or classes of persons"). These well entrenched constitutional protections and presumptions against retroactive application of legislation establish that 18 U.S.C. §2255 (2005) in effect at the time of the alleged conduct applies to the instant action, and not the amended version. II. Not only is there no clear express intent stating that the statute is to apply retroactively, but applying the current version of the statute, as amended in 2006, would be in clear violation of the Ex Post Facto Clause of the United States Constitution as it would be applied to events occurring before its enactment and would increase the penalty or punishment for the alleged crime. U.S. Const. Art. 1, §9, cl. 3, §10, cl. 1. U.S. I. Seigel, 153 F.3d 1256 (1 11h Cir. 1998); U.S. Edwards, 162 F.3d 87 (3d Cir. 1998); and generally, Calder Bull, 3 U.S. 386, 390, I L.Ed. 648, 1798 WL 587 (Calder) (1798). The United States Constitution provides that "[n]a Bill of Attainder or cx post facto Law shall be passed" by Congress. U.S. Const. art. I, § 9, cl. 3. A law violates the Ex Post Facto Clause if it " `appli[es] to events occurring before its enactment ... [and] disadvantage[s] the offender affected by it' by altering the definition of criminal conduct or increasing the punishment for the crime." Lynce Mathis 519 U.S. 433, 117 S.Ct. 891, 137 L.F,d.2d 63 (1997) (quoting Weaver Graham 450 U.S. 24, 29, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981)). U.S. I. Siegel,153 F.3d 1256, 1259 (11th Cir. 1998). §2255 is contained in Title 18 of the United States Codes - "Crimes and Criminal Procedure, Part 1. Crimes, Chap. 110. Sexual Exploitation and Other Abuse of Children." 18 U.S.C. §2255 (2005), is entitled Civil remedy for personal injuries, and imposes a presumptive minimum of damages in the amount of $50,000, should Plaintiff prove any 15 EFTA00233504 violation of the specified criminal statutes and that she suffered personal injury and sustained actual damages. Thus, the effect of the 2006 amendments, effective July 27, 2006, would be to triple the amount of the statutory minimum previously in effect during the time of the alleged acts. The statute, as amended in 2006, contains no language stating that the application is to be retroactive. Thus, them is no manifest intent that the statute is to apply retroactively, and, accordingly, the statute in effect during the time of the alleged conduct is to apply. Landgraf USI Film Products supra, at 1493, ("A statement that a statute will become effective on a certain date does not even arguably suggest that it has any application to conduct that occurred at an earlier date."). This statute was enacted as part of the Federal Criminal Statutes targeting sexual predators and sex crimes against children. H.R. 3494, "Child Protection and Sexual Predator Punishment Act of 1998;" House Report No. 105-557, 11, 1998 U.S.C.A.N. 678, 679 (1998). Quoting from the "Background and Need For Legislation" portion of the I louse Report No. 105-557, 11-16, H.R. 3494, of which 18 U.S.C. §2255 is included, is described as "the most comprehensive package of new crimes and increased penalties ever developed in response to crimes against children, particularly assaults facilitated by computers." Further showing that §2255 was enacted as a criminal penalty or punishment, "Title II — Punishing Sexual Predators," Sec. 206, from House Report No. 105-557, 5-6, specifically includes reference to the remedy created under §2255 as an additional means of punishing sexual predators, along with other penalties and punishments. Senatorial Comments in amending §2255 in 2006 confirm that the creation of the presumptive minimum damage amount is meant as an additional penalty against 16 EFTA00233505 those who sexually exploit or abuse children. 2006 WL 2034118, 152 Cong. Rec. S8012- 02. Senator Kerry refers to the statutorily imposed damage amount as "penalties." Id. The cases of U.S. I. Siegel, supra (I I's Cir. 1998), and U.S. . Edwards supra (3d Cir. 1998), also support Defendant's position that application of the current version of 18 U.S.C. §2255 would be in clear violation of the Ex Post Facto Clause. In Siegel, the Eleventh Circuit found that the Ex Post Facto Clause barred application of the Mandatory Victim Restitution Act of 1996 (MVRA) to the defendant whose criminal conduct occurred before the effective date of the statute, 18 U.S.C. §3664(0(1)(A), even though the guilty plea and sentencing proceeding occurred after the effective date of the statute. On July 19, 1996, the defendant Siegel pleaded guilty to various charges under 18 U.S.C. §371 and §1956(a)(I)(A), (conspiracy to commit mail and wire fraud, bank fraud, and laundering of money instruments; and money laundering). He was sentenced on March 7, 1997. As part of his sentence, Siegel was ordered to pay $1,207,000.00 in restitution under the MVRA which became effective on April 24, 1996. Pub.L. No. 104-132, 110 Stat. 1214, 1229-1236. The 1996 amendments to MVRA required that the district court must order restitution in the full amount of the victim's loss without consideration of the defendant's ability to pay. Prior to the enactment of the MVRA and under the former 18 U.S.C. §3664(a) of the Victim and Witness Protection Act of 1982 (VWI'A), Pub.l. No. 97-291, 96 Stat. 1248, the court was required to consider, among other factors, the defendant's ability to pay in determining the amount of restitution. When the MVRA was enacted in 1996, Congress stated that the amendments to the VWPA "shall, to the extent constitutionally permissible, be effective for sentencing proceedings in cases in which the defendant is convicted on or after the date of enactment 17 EFTA00233506 of this Act [Apr. 24, 1996]." Siegel, supra at 1258. The alleged crimes occurred between February, 1988 to May, 1990. The Court agreed with the defendant's position that 1996 MVRA "should not be applied in reviewing the validity of the court's restitution order because to do so would violate the Ex Post Facto Clause of the United States Constitution. See U.S. Const. art I, §9, cl. 3." The Ex Post Facto analysis made by the Eleventh Circuit in Siegel is applicable to this action. In resolving the issue in favor of the defendant, the Court first considered whether a restitution order is a punishment. Id, at 1259. In determining that restitution was a punishment, the Court noted that §3663A(a)(I) of Title 18 expressly describes restitution as a "penalty." In addition, the Court also noted that "[allthough not in the context of an ex post facto determination, ... restitution is a 'criminal penalty meant to have strong deterrent and rehabilitative effect.' United States Twitty 107 F.3d 1482, 1493 n. 12 (11th Cir.1997)." Second the Court considered "whether the imposition of restitution under the MVRA is an increased penalty as prohibited by the Ex Post Facto Clause." Id, at 1259. In determining that the application of the 1996 MVRA would indeed run afoul of the Constitution's Ex Post Facto Clause, the Court agreed with the majority of the Circuits that restitution under the 1996 MVRA was an increased penalty.? "The effect of the MVRA can be detrimental to a defendant. Previously, after considering the defendant's financial condition, the court had the discretion to order restitution in an amount less than the loss sustained by the victim. Under the MVRA, however, the court The Eleventh Circuit, in holding that "the MVRA cannot be applied to a person whose criminal conduct occurred prior to April 24, 1996," was "persuaded by the majority of districts on this issue." "Restitution is a criminal penalty carrying with it characteristics of criminal punishment." Siegel, supra at 1260. The Eleventh Cir iit is in agreement with the Second, Third, Eighth, Ninth, and D.C. Circuits. See U.S. . Futrell 209 F.3d 1286, 1289-90 (1 Oh Cir. 2000). 18 EFTA00233507 must order restitution to each victim in the full amount." Id, at 1260. See also U.S. I. Edwards 162 F.2d 87 (3rd Circuit 1998). In the instant case, in answering the first question, it is clear that that imposition of a minimum amount of damages, regardless of the amount of actual damages suffered by a minor victim, is meant to be a penalty or punishment. See statutory text and House Bill Reports, cited above herein, consistently referring to the presumptive minimum damages amount under §2255 as "punishment" or "penalties." According to the Ex Post Facto doctrine, although §2255 is labeled a "civil remedy," such label is not dispositive; "if the effect of the statute is to impose punishment that is criminal in nature, the cx post facto clause is implicated." See generally, Roman Catholic Bishop of Oakland'. Superior Court, 28 Cal.Rptr.3d 355, at 360, citing Kansas'. I Icndricks, 521 U.S. 346, 360-61 (1997). The effect of applying the 2006 version of §2255 would be to triple the amount of the presumptive minimum damages to a minor who proves the elements of her §2255 claim. The fact that a plaintiff proceeding under §2255 has to prove a violation of a criminal statute and suffer personal injury to recover damages thereunder, further supports that the imposition of a minimum amount, regardless of a victim's actual damages sustained, is meant and was enacted as additional punishment or penalty for violation of criminal sexual exploitation and abuse of minors. Accordingly, this Court is required to apply the statute in effect at the time of the alleged criminal acts. Not only is there no language in the 2006 statute stating that it is to apply retroactively, but further, such application of the 2006 version of 18 U.S.C. §2255 to acts that occurred prior to its effective date would have a detrimental and punitive 19 EFTA00233508 effect on Defendant by tripling the presumptive minimum of damages available to a plaintiff, regardless of the actual damages suffered.8 C. As discussed above, 18 U.S.C. §2255 was enacted as part of the criminal statutory scheme to punish and penalize those who sexually exploit and abuse minors, and thus, the Ex Post Fact Clause prohibits a retroactive application of the 2006 amended version. Even if one were to argue that the statute is "civil" and the damages thereunder are "civil" in nature, under the analysis provided by the United States Supreme Court in Landgraf I USI Film Products 511 U.S. 244, 114 S.Ct. 1483 (1994), pertaining to civil statutes, not only is there no express intent by Congress to apply the new statute to past conduct, but also, the clear effect of retroactive application of the statute would be to increase the potential liability for past conduct from a minimum of $50,000 to $150,000, and thus in violation of the constitutional prohibitions against such application. As noted, 18 U.S.C. §2255 is entitled "Civil remedy for personal injuries." Notwithstanding this label, the statute was enacted as part of the criminal statutory scheme to punish those who sexually exploit and abuse minors. Regardless of the actual damages suffered or proven by a minor, as long as a minor proves violation of a specified statutory criminal act under §2255 and personal injury, the defendant is held liable for the statutory imposed minimum. Notwithstanding the above legal analysis, in the recent case of Individual Known to Defendant As 08M1ST096.JPG and 08mist067.iog Falso, 2009 WI, 4807537 (N.D. N.Y. Dec. 9, 2009), United States District Court for the Northern District of New York Plaintiff has attempted to allege 6 counts pursuant to 18 U.S.C. §2255. If it is Plaintiff's position that she is entitled to the minimum damage amount on each count, regardless of her actual damages, the absurdity of a retroactive application is more magnified. Clearly, the result is an unconstitutional increase in either a penalty or civil liability. 20 EFTA00233509 addressed the issue of whether §2255 is a civil or criminal statute for purposes of the constitutional prohibition against double jeopardy. The New York Court stated that "looking to the plain language of §2255(a), it is clear that the statutory intent was to provide a civil remedy. This is exemplified by the title ... and the fact that the statute aims to provide compensation to individuals who suffered personal injury as a result of criminal conduct against them." The New York Court in analyzing whether §2255 violated the Constitutional prohibition against double jeopardy, concluded that although the behavior to which §2255 is criminal, it did not find that the "primary aim" was "retribution and deterrence." "The statute serves civil goals." The "primary aim" is "the compensation for personal injuries sustained as a result of criminal conduct." Therefore, because Jane Doe 103 has invoked the provisions of the criminal Non- Prosecution Agreement (NPA) between EPSTEIN and USAO (see paragraphs 25 and 26 of complaint), plaintiff cannot avoid the full protection of the rule of lenity and due process to which EPSTEIN is entitled in the context of these unique factual circumstances. Although there does not exist any definitive ruling of whether the damages awarded under §2255 are meant as criminal punishment or a civil damages award, Defendant is still entitled to a determination as a matter of law that the statute in effect at the time of the alleged criminal conduct applies. As explained by the Landgraf court, supra at 280, and at 1505,9 9 In Landaraf the United States Supreme Court affirmed the judgment of the Court of Appeals and refused to apply new provisions of the Civil Rights Act of 1991 to conduct occurring before the effective date of the Act. 'Ile Court determined that statutory text in question, §102, was subject to the presumption against statutory retroactivity. 21 EFTA00233510 When a case implicates a federal statute enacted after the events in suit, the court's first task is to determine whether Congress has expressly prescribed the statute's proper reach. If Congress has done so, of course, there is no need to resort to judicial default rules. When, however, the statute contains no such express command, the court must determine whether the new statute would have retroactive effect, i.e., whether it would impair rights a party possessed when he acted, increase a party's liability for past conduct, or impose new duties with respect to transactions already completed. if the statute would operate retroactively, our traditional presumption teaches that it does not govern absent clear congressional intent favoring such a result. Here, there is no clear expression of intent regarding the 2006 Act's application to conduct occurring well before its enactment. Clearly, however, as discussed in part B herein, the presumptive minimum amount of damages of $150,000 was enacted as a punishment or penalty upon those who sexually exploit and abuse minors. See discussion of House Bill Reports and Congressional background above herein. The amount triples the previous amount for which a defendant might be found liable, regardless of the amount of actual damages a plaintiff has suffered and proven. The new statute imposes a substantial increase in the monetary liability for past conduct. As stated in Landgraf, "the extent of a party's liability, in the civil context as well as the criminal, is an important legal consequence that cannot be ignored." Courts have consistently refused to apply a statute which substantially increases a party's liability to conduct occurring before the statute's enactment. Landgraf, supra at 284-85. Even if plaintiff were to argue that retroactive application of the new statute "would vindicate its purpose more fully," even that consideration is not enough to rebut the presumption against retroactivity. Id, at 285-86. "The presumption against statutory retroactivity is founded upon sound considerations of general policy and practice, and accords with long held and widely shared expectations about the usual operation of legislation." Id. Thus, Plaintiff's action should be dismissed and she should be required to plead her action under the applicable version of 18 U.S.C. §2255. 22 EFTA00233511 Motion For More Definite Statement and To Strike, Rule 12(e) and (f), F.R.C.P. As noted above, Plaintiff alleges that she was 17 year old high school student as of January, 2004, and that the alleged conduct involving EPSTEIN occurred "between approximately January 2004 and May 2005. Thus, Plaintiff had to be 18 (no longer a minor) by January of 2005. Under the principles of statutory construction, the language of §2255(a) is clear — "Any minor who is a victim of a violation of section ...of this title and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any minor as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value." As Plaintiff's date of birth is significant to her §2255 claim, she should be required to more definitely state her date of birth so that Defendant and this Court are able to determine precisely when she reached the age of majority. (The age of majority under both federal and state law is 18 years old. See 18 U.S.C. §2256(1), defining a "minor" as "any person under the age of eighteen years;" and §I.01, Definitions, Fla. Stat., defining "minor" to include "any person who has not attained the age of 18 years.") In addition, when Plaintiff reached the age of majority may impact her ability to even assert a §2255 claim. See §2255(b). To the extent that Plaintiff is relying on any alleged conduct that occurred after her 18 birthday as an element of her §2255 claim, such allegations should be stricken as immaterial and she should be required to more definitely state the dates of the alleged conduct. See Rule 12(0. Defendant also seeks to strike 1[110, I I, 12, 13, 14, 15, and 16, 23 EFTA00233512 of Plaintiff's Complaint as immaterial and impertinent. None of the allegations in those paragraphs specifically pertain to the Plaintiff. Not until ¶17 does Plaintiff assert allegations pertaining to her and the conduct of Defendant directly involving her. What EPSTEIN may or may not have allegedly done with respect to other alleged girls does not effect Plaintiff's claim brought pursuant to §2255. The allegations in ¶¶10-16 are not related to the elements of Plaintiff's §2255 claim and, thus, are required to be stricken. Conclusion Pursuant to the above, Plaintiff entire action is required to be dismissed. 18 U.S.C. §2255 allows for a single recovery of the actual damages sustained in proven; neither the "actual damages" sustained not the statutory minimum is subject to duplication or multiplication on a per violation or per count or per incident basis. Also, the statute in effect during the time of the alleged conduct applies, not the version as amended, effective July 27, 2006. Count VI is also required to be dismissed as it relies on a statutory predicate act that did not take effect until 2006. In addition, Plaintiff should be required to more definitely state her date of birth, and any conduct occurring after her 18th birthday should be stricken, and 1110 - 16 of the Complaint should also be stricken. WHEREFORE, Defendant requests that this Court dismiss the entire action against him, and further grant his motion for more definite statement and to strike. Robert D. Critton, Esq. Attorney for Defendant Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is 24 EFTA00233513 being served this day on all counsel of record identified on the following Service List in the manner specified by CM/ECF on this day of 2010. Robert C. Josefsberg, Esq. Jack Alan Goldberger, Esq. Katherine W. Ezell, Es Atterbury Goldberger & Weiss, P.A. e 800 ounse or amt 12 Counsel for Defendant Jeffity Epstein Respectfully submitted, By: ROBERT D. CRITFON, JR., ESQ. ounse or Pe en ant e rey pstein 18 USCA 62255 (1999-July 26. 2006): PART I--CRIMES CHAPTER 110—SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN § 2255. Civil remedy for personal injuries (a) Any minor who is a victim of a violation of section 2241(c), 2242, 2243, 2251, 2251A. 2252, 2252A. 2260 2421 2422 or AZ 21 of this title 25 EFTA00233514 and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any minor as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value. (b) Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability. CREDIT(S) (Added Pub.L. 99-500, Title I. 6 101(b) [Title VII, § 703(a)), Oct. 18, 1986, 100 Stat. 1783-75, and amended Pub.L. 99-591. Title I. § 101(b) [Title VII, § 703(a)], Oct. 30, 1986, 100 Stat. 3341-75; Pub.L. 105-314, Title VI. § 605 Oct. 30, 1998, 112 Stat. 2984.) 18 U.S.C. 62255, as amended 2006. Effective July 27, 2006: PART I--CRIMES CHAPTER 110-SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN § 2255. Civil remedy for personal injuries (a) In general.--Any person who, while a minor, was a victim of a violation of section 2241(4 2242, 2243, 2251, 2251A 2252 2252A 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value. (b) Statute of limitations.--Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability. CREDIT(S) (Added Pub.L. 99-500. Title I. § 101(b) [Title VII, § 703(a)), Oct. 18, 1986, 100 Stat. 1783-75, and amended Pub.L. 99-591. Title 1, 4 101(b) [Title VII, § 703(a)), Oct. 30, 1986, 100 Stat. 3341-75; pub.L. 105-314. Title VI. 4 605 26 EFTA00233515 Oct. 30, 1998, 112 Stat. 2984; Pub.L. 109-248, Title VII, & 707(b). (c), July 27, 2006, 120 Stat. 650.) 2 Paragraphs 30, 34, 38, 43, 48, and 52 of Plaintiff's Complaint alleges: 30. As a direct and proximate result of the offenses enumerated in 18 U.S.C. §2255 being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered, and will in the future continue to suffer, physical injury, pain and suffering, emotional distress, psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment, loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy, separation from her family, and other damages associated with Defendant manipulating and leading her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical and psychological expenses, and Plaintiff will in the future suffer additional medical and psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature, and Plaintiff will continue to suffer these losses in the future. The "Wherefore" clauses in each of the six counts are also identical — WHEREFORE Plaintiff demands judgment against Defendant for all damages available under 18 U.S.C. §2255, including, without limitation, actual and compensatory damages, attorney's fees, costs of suit, and such other relief this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. 27 EFTA00233516 Qialeh WNW) DAYIOO Aldo EFTA00233517 - Not an Official Document Page 1 of 24 Report SelectioriCriteria Case ID: Docket Start Date: Docket Ending Date: Case Description Case ID: Case Caption: Division: Filing Date: Court: Location: Jury: Type: Status: 502006CF009454AXXXMB 502006CF009454AXXXMB EPSTEIN, JEFFREY W - COLBATH Wednesday, July 19th, 2006 CF -FELONY MB - MAIN BRANCH N-Non Jury CF -FELONY CLSD - CLOSED CASE Related Cases No related cases were found. Case Event Schedule Event Date/Time Room Location Judge/Commissioner CASE DISPOSITION MAIN BRANCH COURTROOM 11F COLBATH, JUDGE JEFFREY CASE DISPOSITION MAIN BRANCH COURTROOM] 11F COLBATH, JUDGE JEFFREY Case Parties Expn Date Type ID Name DEFENDANT 24167391 EPSTEIN, JEFFREY E. Aliases: none 3 1 22-AUG- ATTORNEY ATTY MALINSKI, NORMAN 2006 Aliases: none hup://courtcon.co.palm-beach.flais/p1s/jiwp/ek_public_qry_docup_dktrpt_docket_report?e... 8/4/2009 EFTA00233518 - Not an Official Document JUDGE Page 2 of 24 COLBATH, JUDGE Aliases: none JEFFREY 1 30-JUN- 2008 ATTORNEY 0262013 GOLDBERGER ESQ, JACK A Aliases: none Docket Entries Docket Number Docket Type Book and Page No. Attached To: ZCAPS - CONVERSION 1ST CAPIAS ISS DATE Filing Date: 17-JUL-2006 -1 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: PerSchedule Tracking# 324329 ZINFO - DATE CONVERSION INFO FILING Filing Date: 19-JUL-2006 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 1 JIDV - DOCKET HISTORY Filing Date: 19-JUL-2006 Filing Party: Disposition Amount: Docket Text: ARREST WARRANT DIVISION W ORDERED BY JUDGE KROLL ON 071706. ISSUED ON 071706. BOND SET PER SCHEDULE. 2 JIDV - DOCKET HISTORY Filing Date: 19-JUL-2006 Filing Party: Disposition Amount: Docket Text: INDICTMENT. 2 A JIDV - DOCKET HISTORY lutp://courtcon.co.palm-beach.fLus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233519 - Not an Official Document Page 3 of 24 Filing Date: 23-JUL-2006 Filing Party: Disposition Amount: Docket Text: ARREST RECORD. 3 JIDV - DOCKET HISTORY Filing Date: 25-JUL-2006 Filing Party: Disposition Amount: Docket Text: CASH BOND. BOND POSTED ON 072306 RECEIPT: 00073142 BOND AMT $3000 ---am• 4 I JIDV - DOCKET HISTORY -----ii m, Filing Date: 27-JUL-2006 Filing Party: Disposition Amount: Docket Text: NOTICE OF ARRAIGNMENT. 5 JIDV - DOCKET HISTORY Filing Date: 16-AUG-2006 Filing Party: Disposition Amount: Docket Text: NOTICE OF UNAVAILABILITY FILED BY L. BELOHLAVEK,ASA.BH 6 JIDV - DOCKET HISTORY Filing Date: 22-AUG-2006 Filing Party: Disposition Amount: Docket Text: PRAECIPE FOR APPEARANCE, WAIVER OF ARRAIGNMENT, PLEA OF NOT GUILTY AND REQUEST FOR JURY TRIAL FILED BY JACK GOLDBERGER. BH JIFM - MISD/FELONY HISTORY RECORD Filing Date: 06-OCT-2006 Filing Party: Disposition Amount: Docket Text: JIFM JUDICIAL INFORMATION FELONY RECORD WRITTEN NG PLEA: 08/22/06 CONFLICT Case: N DOWN-FILED To: FEE Case: N PTI Date: REOPEN: N PTI Reject: N Date: COMMENTS: None http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ek_public_qry_doet.cp_dktrpt_docket_report?e... 8/4/2009 EFTA00233520 - Not an Official Document Page 4 of 24 FAHIS - HISTORY FELONY/MISD ARRAIGN Filing Date: 06-OCT-2006 Filing Party: Disposition Amount: Docket Text: X/JIFA FELONY-MISDEMEANOR IS EPSTEIN JEFFREY E LEGACY 41673917332767 PRAECIPE AND 082206 DATE: JUDGE: COURT: DEFENDANT PRESENT: PLEA: ARRAIGNMENT PASSED TO: DATE: RELEASED, FAILURE OF STATE !COMMENTS: None ARRAIGNMENT RECORD DEF CASE NUMBER: WAIVER FILED BY: DATE: DEFENSE ATTY: PD APPT: ADVISED OF RIGHTS: TIME: COURT: DEFENDANT TO FILE DATE: PTI DATE: CALHS - CALENDAR HISTORY Filing Date: 06-OCT-2006 Filing Party: Disposition Amount: Docket Text: 08/25/06 0845 CLDR= F DIV= AW 082506 RESET TO 0000 DIV: REMARKS: PRAECIPE FOR APPEARANCE FILE TO JUDGE FOR DATE (D/ARS) ARRAIGNMENT DELETED- ON (CR-DAMES)-, & WAIVER FILED ON 02206-SEND 7 JDN - JUDICIAL NOTES Filing Date: 16-NOV-2006 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SETTING CASE FOR CASE DISPOSITION ON 12/8/06 @ 8:30 A.M. EVSCH SCHEDULED - HEARING EVENT Filing Date: 30-NOV-2006 Filing Party: Disposition Amount: Docket Text: none. 8 NOH - NOTICE OF HEARING Filing Date: 04-DEC-2006 Filing Party: Disposition Amount: Docket Text: Docket entry for the letter produced by LPRATTS. from CSAEOUT on 04-DEC-2006 http://courtcon.co.palm-beach.fl.us/pIs/jiwp/ck_public gry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233521 - Not an Official Document Page 5 of 24 EVSCH - HEARING EVENT SCHEDULED Filing Date: 07-DEC-2006 Filing Party: Disposition Amount: Docket Text: none. EVCON - EVENT CONTINUED Filing Date: Filing Party: Disposition Amount: Docket Text: 07 DEC-2006 EPSTEIN, JEFFREY E AGREED ORDER CONTINUING CASE DISPO. 9 WST - WAIVER OF SPEEDY TRIAL Filing Date: I07-DEC-2006 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 10 Filing Date: FILED BY JACK GOLDBERGER (D/ARS) AGOR - AGREED ORDER 07-DEC-2006 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: 11 (JUDGE MCSORLEY) CONTINUING CASE DISPO PRESENTLY SCHEDULED 08-DEC AT 0830AM TO 08-MARCH-2007 AT 0830AM. RMAL - RETURNED MAIL Filing Date: Filing Party: Disposition Amount: Docket Text: 1 11-DEC-2006 EPSTEIN. JEFFREY E UNABLE TO FORWARD NOUN - NOTICE OF UNAVAILABILITY Filing Date: 21-FEB-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 07-18 THRU 7-20 FILED BY ASA EVSCH - HEARING EVENT SCHEDULED http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233522 - Not an Official Document Page 6 of 24 Filing Date: 05-MR-2007 Filing Party: Disposition Amount: Docket Text: none. EVRST - EVENT RESET Filing Date: 05-MAR-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: AGREED ORDER CONTINUING CASE DISPO 13 AGOR - AGREED ORDER Filing Date: 05-MAR-2007 Filing Party: EPSTEIN, JEFFREY E IRisposition Amount: Docket Text: I(JUDGE MCSORLEY) CONTINUING CASE DISPO PREVIOUSLY- 1 SET FOR 08-MAR-2007 AND RESETTING FOR CASE DISPO ON 16-MAY-2007 AT 0830AM. 14 NOH - NOTICE OF HEARING Filing Date: 07-MAR-2007 Filing Party: Disposition Amount: Docket Text: Docket entry for the letter produced from CSAEOUT on 07-MAR- 2007 by DFELDER. 15 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 12-APR-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY ASA 4-30 THRU 05-04 EVCON - EVENT CONTINUED Filing Date: 11-MAY-2007 Filing Party: 1 EPSTEIN, JEFFREY E Disposition Amount: Docket Text: AGREED ORDER CONTINUING 16 AGOR - AGREED ORDER Filing Date: 11-MAY-2007 i http://courtcon.co.palm-beachnus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233523 - Not an Official Document Page 7 of 24 Filing Party: 'EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE MCSORLEY) CONTINUING CASE DISPO FROM 16-MAY- 2007 TO 16-NOV-2007 AT 0830AM. EVSCH SCHEDULED HEARING EVENT Filing Date: 14-MAY-2007 Filing Party: Disposition Amount: Docket Text: !none. EVSCH SCHEDULED - HEARING EVENT Filing Date: 15-MAY-2007 Filing Party: Disposition Amount: Docket Text: fipone. EVCAN CANCELLED/SETTLED - EVENT Filing Date: 15-MAY-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: CANCEL 051607/ADD TO CALENDAR 111607-PER J.A NOTE FILED 051507 (D/ARS) 17 f JDN - JUDICIAL NOTES Filing Date: 15-MAY-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FROM J.A.CANCEL FROM 051607/ADD TO CALENDAR 111607, 0830AM FOR CASE DISPOSITION FILED (D/ARS) 18 I NOH - NOTICE OF HEARING Filing Date: '] 16-MAY-2007 Filing Party: Disposition Amount: Docket Text: Docket entry for the letter produced from CSAEOUT on 16-MAY- 2007 by DFELDER. 19 NOUN - NOTICE OF UNAVAILABILITY] http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233524 - Not an Official Document Page 8 of 24 Filing Date: 25-JUL-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 8-22 THRU 24 FILED BY ASA 20 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 08-AUG-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY ASA 21 I NOUN - NOTICE OF UNAVAILABILITY Filing Date: 12-SEP-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 9-18 THRU 20 FILED BY ASA 22 NOUN - NOTICE OF UNAVAILABILITY Filing Date: 01-OCT-2007 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: 10-09 THRU 12 FILED BY ASA EVCAN CANCELLED/SETTLED - EVENT 30-OCT-2007 Filing Date: Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. EVSCH SCHEDULED HEARING EVENT Filing Date: 30-OCT-2007 Filing Party: Disposition Amount: Docket Text: none. 23 AGOR - AGREED ORDER Filing Date: 30-OCT-2007 Filing Party: EPSTEIN, JEFFREY E http://courtcon.co.palm-beach.fl.us/pls/jiwpick_public_qry_doct.cp_dktrpt_docket_report?e... 8/4/2009 EFTA00233525 - Not an Official Document Page 9 of 24 'Disposition Amount: Docket Text: (JUDGE MCSORLEY) SCHEDULING CASE FOR TRIAL - CANCELLING CASE FOR 11/16/07 @ 8:30 AM FOR CASE DISPOSITION AND SETTING FOR 1/07/08 @ 9:00 AM FOR JURY TRIAL 24 JJDN - JUDICIAL NOTES Filing Date: 30-OCT-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: CASE CANCELLED FOR 11/16/07 @ 8:30 AM FOR CASE DISPO AND 11/20/07 @ 8:30 AM FOR PLEA CONFERENCE ( NOT SCHEDULED) 25 NOH - NOTICE OF HEARING Filing Date: 06-NOV-2007 Filing Party: i Disposition Amount: Text: Docket entry for the letter produced from CSAEOUT on 06-NOV- 2007 Docket by DFELDER. 26 i NOH - NOTICE OF HEARING Filing Date: 10-DEC-2007 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Tex • SETTING CASE FOR 1/04/08 FOR PLEA CONFERENCE - FILED BY J. GOLBERGER EVSCH SCHEDULED HEARING EVENT Filing Date: 11-DEC-2007 Filing Party: Disposition Amount: Docket Text: 'none. 27 MOT - MOTION Filing Date: 02-JAN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: i AGREED MOTION TO CONTINUE TRIAL - FILED BY J. GOLDBERGER I I http://courtcon.co.palm-beachltus/p1s/jiwp/ck_public qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233526 - Not an Official Document Page 10 of 24 EVSCH - HEARING EVENT SCHEDULED Filing Date: 03-JAN-2008 Filing Party: Disposition Amount: Docket Text: none. EVCAN - EVENT CANCELLED/SETTLED Filing Date: 03-JAN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. EVCAN - EVENT CANCELLED/SETTLED Filing Date: 03-JAN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 28 LTR LETTER Filing Date: I03-JAN-2008 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: Docket Text: 29 Filing Date: [FIling Party: Disposition Amount: TO JUDGE MCSORLEY FROM JACK A. GOLDBERGER RE: AGREED MOTION TO CONTINUE. MOT - MOTION 03-JAN-2008 Docket Text: EPSTEIN, JEFFREY E AGREED MOTION TO CONTINUE TRIAL FILED BY JACK A. GOLDBERGER. 30 jAGOR - AGREED ORDER Filing Date: 03-JAN-2008 Filing Party: Disposition Amount: EPSTEIN, JEFFREY E (JUDGE MCSORLEY) CONTINUING TRIAL FROM 07-JAN-2008, http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233527 - Not an Official Document Page 11 of 24 Docket Text: CANCELLING PLEA CONFERENCE SETTING CASE FOR A STATUS 08:30AM. ON 04-JAN-2008 AND CHECK ON 10-MAR-2008 AT 31 NOH - NOTICE OF HEARING Filing Date: 28-JAN-2008 Filing Party: 1 Disposition Amount: Docket Text: Docket entry for the letter produced by VBUCKLEY. from CSAEOUT on 28-JAN-2008 32 IDEPO - DEPOSITION Filing Date: 31-JAN-2008 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: (NOTICE OF) FILED BY J. GOLDBERGER 32 A I MEP() - ORDER MOTION FOR PROTECTIVE Filing Date: 06-FEB-2008 I Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY THEODORE LEOPOLD 33 MFPO - ORDER MOTION FOR PROTECTIVE Filing Date: 07-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY THEODORE LEOPOLD, ESQ. 34 ORD - ORDER Filing Date: 07-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE MCSORLEY) ATTORNEY IN WRITING TO SAID MOTION THIS ORDER, COURTESY COPY SUBMITTED TO UNDERSIGNED'S FOR DEFT SHALL RESPOND W/IN 5 DAYS FROM DATE OF OF SAME SHALL BE CHAMBERS. 34 A IRESP - RESPONSE TO: Filing Date: 08-FEB-2008 http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktpt_docket_report?c... 8/4/2009 EFTA00233528 - Not an Official Document Page 12 of 24 Filing Party: !EPSTEIN, JEFFREY E Disposition Amount: Docket Text: MOTION FOR PROTECTIVE ORDER GOLDBERGER FILED BY JACK 34 B NOTD - DEPOSITION NOTICE OF TAKING Filing Date: 08-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY JACK GOLDBERGER 34 C NOTD - DEPOSITION 1 NOTICE OF TAKING Filing Date: 11-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: 'Rocket Text: FILED BY JACK GOLDBERGER. 35 I RESP - RESPONSE TO: Filing Date: 12-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: MOTION FOR PROTECTIVE ORDER - FILED BY J. GOLDBERGER 36 ORDD - ORDER DENYING Filing Date: 12-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE MCSORLEY) "MOTION FOR PROTECTIVE ORDER" 37 I NOUN - NOTICE OF UNAVAILABILITY Filing Date: 19-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 114-07 THRU 10 FILED BY ASA EVRST EVENT RESET Filing Date: 06-MAR-2008 'Filing Party: H EPSTEIN, JEFFREY E http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233529 - Not an Official Document Page 13 of 24 Disposition Amount: Docket Text: none. 38 AGOR - AGREED ORDER Filing Date: 06-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE MCSORLEY) CASE IS SET FOR FINAL TRIAL ON 7/8/2008 AT 8:30 AM. PARTIES ARE FREE TO SCHEDULE MATTER FOR PLEA CONFERENCE PRIOR TO THAT DATE IF AN AGREEMENT IS REACHED IN THIS MATTER L EVSCH - HEARING EVENT SCHEDULED Filing Date: Filing Party: Disposition Amount: 107-MAR-2008 Docket Text: none. 39 NOH - NOTICE OF HEARING Filing Date: 10-MAR-2008 Filing Party: Disposition Amount: Docket Text: Docket entry for the letter produced from CSAEOUT on 10-MAR- 2008 by VBUCKLEY. 40 NOTD - NOTICE OF TAKING DEPOSITION Filing Date: 24-MAR-2008 Filing Party: Disposition Amount: Docket Text: J FILED BY J. GOLDBERGER. ...... iim 41 NOTD - NOTICE OF TAKING DEPOSITION EPSTEIN, JEFFREY E Filing Date: 24-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY J. GOLDBERGER. 41 A NOTD - NOTICE OF TAKING DEPOSITION http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_clIctrpt_docket_report?c... 8/4/2009 EFTA00233530 - Not an Official Document Page 14 of 24 Date: I26-MAR-2008 Filing Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY JACK A. GOLDBERGER ESQ. 42 SRSV - SERVED SUBPOENA RETURNED / Filing Date: 28-MAR-2008 Party: EPSTEIN, JEFFREY E 'Disposition 'Disposition Amount: Docket Text: none 43 7 7211S - SERVED SUBPOENA RETURNED / NOT 'Filing Date: 28-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 44 SRSV - SERVED SUBPOENA RETURNED / Filing Date: 28-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 45 MOT - MOTION Filing Date: Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: J FOR PROTECTIVE ORDER - FILED BY J. HERMAN 46 ~LTR-LETTER Filing Date: 1 03-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FROM ATTY TO JDG MCSORLEY RE: MOT FOR PROTECTIVE ORDER MCSORLEY ,=......--- 47 NOT - NOTICE Filing Date: 04-APR-2008 http://courtcon.co.palm-beach.11.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233531 - Not an Official Document Page 15 of 24 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: OF WITHDRAWAL OF MOTION BY J. HERMAN. FOR PROTECTIVE ORDER FILED 48 SRSV-SUBPOENA SERVED RETURNED/ Filing Date: 10-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 49 SRSV - SERVED SUBPOENA RETURNED / Filing Date: 10-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. r SRSV - SERVED SUBPOENA RETURNED / Filing Date: 10-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. EVSCH SCHEDULED - HEARING EVENT Filing Date: 27-JUN-2008 Filing Party: Disposition Amount: Docket Text: none. 51 JDN - JUDICIAL NOTES Filing Date: 127-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET CASE FOR 6/30/08 @ 8:30 AM FOR STATUS CHECK r EVCAN CANCELLED/SETTLED - EVENT I http://courtcon.co.palm-beach.fl.us/pls/jiwp/ckpublic_qry_doct.cp_dktrptdocket_report?c... 8/4/2009 EFTA00233532 - Not an Official Document Page 16 of 24 Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: PLED 063008. MER EVHLD - EVENT HELD Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: CR-DAMES. PLEAD & ADJ GUILTY AS CHARGED. PBCJ 12 MOS, W/CD FOR 1 DAY. BOND DISCH. DNA SWAB. MER 51 A I GUIL - JUDGMENT OF GUILTY Filing Date: asesi• 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 51 B FNGR - FINGERPRINTS Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 'none 51 C I SORD - SENTENCE ORDER Filing Date: 30-JUN-2008 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: none. 51 D RITE - WAIVER OF RIGHTS Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 51 E PLS - PLEA SHEET Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: http://eourtcon.co.palm-beach.fLus/p1s/jiwpick_publie_qry_doct.cp_dktrpt_docket_reporttic... 8/4/2009 EFTA00233533 - Not an Official Document Page 17 of 24 'Docket Text: 51 F GLSS - GUIDELINE SCORESHEET Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none 51 G OAFC - ORDER ASSESSING FEES/COST Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 52 (JUDGE MCSORLEY) IN THE AMOUNT OF $473.00 AS CONDS OF PROB. MER AREC - ARREST RECORD Filing Date: 01-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: RECOMMIT RCMIT - RECOMMITMENT Filing Date: 01-JUL-2008 Filing Party: Disposition Amount: Docket Text: 53 Filing Date: Filing Party: none. SEAL - SEALED 02-JUL-2008 EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 54 Filing Date: NON-PROSECUTION AGREEMENT AGOR - AGREED ORDER 02-JUL-2008 Filing Party: Disposition Amount: EPSTEIN, JEFFREY E Docket Text: (JUDGE PUCILLO) SEALING DOCUMENT IN COURT FILE CLSD - CLOSED CASE http://courtcon.co.palm-bcach.fLus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233534 - Not an Official Document Page 18 of 24 'Filing Date: 108-JUL-2008 Filing Party: Disposition Amount: Docket Text: none. RCPT - RECEIPT FOR PAYMENT Filing Date: 14-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: A Payment of -$473.00 was made Bond ID: 00073142 on receipt CFMB30200 From CHECK PRINTED CHECK Filing Date: 14-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: A Disbursment of $2,054.00 on GOLDBERGER Check Number 69429 to JACK 56 PROC - !TRANSCRIPT CRT REPORTER OF Filing Date: 22-JUL-2008 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: Docket Text: PLEA CONFERENCE, TAKEN 6/30/08 55 MOT - MOTION Filing Date: 23-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FOR RETURN OF PROPERTY FILED BY JACK GOLDSTEIN, ESQ. 57 SEAL - SEALED Filing Date: 25-AUG-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: [Docket Text: ADDENDUM TO THE NON-PROSECUTION AGREEMENT 58 MOT - MOTION Filing Date: 12-MAY-2009 ii http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233535 - Not an Official Document Page 19 of 24 Filing Party: 'EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (NONPARTY E W'S) TO VACATE AND UNSEAL RECORDS. ORDER SEALING RECORDS 59 J ORSH - ORDER SETTING HEARING Filing Date: 15-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET FOR 5/29/09 MTN TO VACATE AND UNSEALING ORDER SEALING RECORDS EVSCH SCHEDULED HEARING EVENT Filing Date: 19-MAY-2009 Filing Party: tt Disposition Amount: ---, Docket Text: none. 60 J NOH - NOTICE OF HEARING Filing Date: 26-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET FOR 5/29/09 10:30 62 CEF - COURT EVENT FORM Filing Date: 29-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: 'Docket Text: none. EVSCH SCHEDULED - HEARING EVENT Filing Date: 01-JUN-2009 Filing Party: Disposition Amount: Docket Text: NON PARTY E.W 'S MOTION TO RECORDS AND UNSEAL RECORDS VACATE ORDER SEALING EVCAN CANCELLED/SETTLED - EVENT ll http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233536 - Not an Official Document Page 20 of 24 Filing Date: 01-JUN-2009 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: none. 61 RNOH - RE-NOTICE OF HEARING Filing Date: 01-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SETTING CASE FOR OTHER HEARING ON 6/10/2009 AT 10:30 AM FILED BY BRADLEY EDWARDS, ESQ. RE:NON PARTY E W.'S MOTION TO VACATE ORDER SEALING AND UNSEAL RECORDS, HEARING SET FOR 5/29/2009 IS CANCELLED 63 MOT - MOTION Filing Date: J 03-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS FILED BY BRADLEY EDWARDS, ESQ 64 MOT - MOTION Filing Date: 03-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: PALM BEACH POST'S MOTION TO INTERVENE AND PETITION FOR ACESS FILED BY DEANNA SHULLMAN, ESQ. EVRST EVENT RESET Filing Date: 10-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: CR-BELTRAN. MOTION TO INTERVENE-GRANTED. NO ACTION TAKEN ON MOTION TO UNSEAL. RESET FOR MOTION HRG ON 6/25/09. BLE 65 J CEF - COURT EVENT FORM Filing Date: 10-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. http://courtcon.co.palm-beach.flus/pls/jiwp/ck_public_qty_doct.cp_dktrptdocket_report?c... 8/4/2009 EFTA00233537 - Not an Official Document Page 21 of 24 I EVSCH - HEARING EVENT SCHEDULED Filing Date: 11-JUN-2009 Filing Party: Disposition Amount: Docket Text: none. 66 NOH - NOTICE OF HEARING Filing Date: 11-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET FOR MOTION TO INTERVENE AND PETITION FOR ACCESS 1 ON 6/10/09 AT 10:40. FILED BY D. SHULLMAN, ATTY 67 NOH - NOTICE OF HEARING Filing Date: 11-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET FOR MOTION TO INTERVENE AND PETITION FOR ACCESS ON 6/10/09 AT 10:40. FILED BY D. SCHULLMAN, ATTY 68 MOT - MOTION Filing Date: 15-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: TO INTERVENE AND SUPPORTING MEMORANDUM OF LAW. FILED BY S. KUBIN, ESQ EVHLD - EVENT HELD Filing Date: 25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: CR-INIGGINS (COLBATH) DEFT PRES W/JGOLDBERG, GRANTED, CASE RESET FOR MOTION TO STAY DISCLOSURE EVSCH - HEARING EVENT SCHEDULED Filing Date: 25-JUN-2009 Filing Party: Disposition Amount: I. 1 I http://courtcon.co.palm-beach.fLus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233538 - Not an Official Document Page 22 of 24 'Docket Text: ITO STAY DISCLOSURE EVSCH - HEARING EVENT SCHEDULED Filing Date: 25-JUN-2009 Filing Party: Disposition Amount: [ocket Text: TO STAY DISCLOSURE J 69 I CEF - COURT EVENT FORM Filing Date: '25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 70 CEF - COURT EVENT FORM Filing Date: 25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. EVHLD - EVENT HELD Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: CR-VVIGGINS. MOTION TO STAY, DENIED. WRITTEN ORDER TO FOLLOW. DOCUMENTS IN QUESTION ARE DELAYED UNTIL NOON ON THURSDAY 02-JUL-2009. MOTION TO COMPEL THE DEFT TO POST BOND - DENIED. 73 1 MOT - MOTION Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FOR ATTY'S FEES AND COSTS. FILED BY D. SHULLMAN, ATTY 78 CEF - COURT EVENT FORM Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (Docket Text: none. http://courtcon.co.palm-beach.flus/p1s/jiwpick_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233539 - Not an Official Document Page 23 of 24 79 1ORD - ORDER Filing Date: 26-JUN-2009 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE COLBATH) THAT THE MOTIONS TO SEAL THE COURT RECORDS ARE DENIED. THE MOTIONS TO INTERVENE ARE GRANTED. THE MOTION TO UNSEAL THE DOCUMENTS IS GRANTED. I_7=1 RESP - RESPONSE TO: Filing Date: 29-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: MOTION TO STAY AND SUPPORTING MEMORANDUM OF LAW. FILED BY S. KUVIN, ESQ [72 ODMO - ORDER DENYING MOTION Filing Date: 29-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (COLBATH) TO STAY DISCLOSURE AGREEMENT 74 I MOT - MOTION Filing Date: 06-JUL-2009 Filing Party: JEPSTEIN, JEFFREY E Disposition Amount: Docket Text: NONPARTY E.W.'S MOTION FOR ATTORNEY'S FEES AND COSTS FILED BY W. BERGER 75 RESP - RESPONSE TO: Filing Date: 06-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (NTERVENER'S) MOTION TO STAY AND SUPPORTING MEMORANDUM OF LAW. FILED BY S. KUVIN, ESQ 76 EXLT - EXHIBIT LIST Filing Date: 08-JUL-2009 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: I http://courtcon.co.palm-beach.fl.us/pIs/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233540 - Not an Official Document Page 24 of 24 Docket Text: none. 77 TFIESP - RESPONSE TO: Filing Date: 15-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Text: TO EMERGENCY PETITION FOR WRIT OF CERTIORARI (PALM 1 Docket BEACH POST) FILED BY DEANNA K. SHULLMAN http://councon.co.palm-beachRus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233541 JUN-27-2008 FRI 03:33 PH FAX NO. 5618358691 P. 02 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guilty 2 Case No. Charoe Count Lesser Decree 06CF009454AMB Felony Solicitation of Prostitution 1 No 3 FEL 08CF009381AMB Procuring Person Under 18 for Prostitution 1 No 2 FEL PSI: Waived/Not Required X Required/Requested ADJUDICATION: Adjudicate lx ] SENTENCE: On 06CF009454AMB, the Defendant is sentenced to 12 months In the Palm Beach County Detention Finally, with credit for 1 (one) day time served. On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB. The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS: Court Costs: $474.00 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 As a special condition of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of Ouch is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time of this plea. Assistant State Attorney Attorney for the Defendant Date of Plea Defendant EFTA00233542 JUM-27-2008 FRI 03:34 P1 FAX NO, 5618358691 P. 03 948,101 Terms and conditions of community control and criminal quarantine community control... (1) The court Shall determine the terms and condition: of community control. Conditions ;Pacified in this subsection do not require oral pronouncomont at the time of sentencing and may be considered standard conditions of community control. (a) The court shall requiro intensive supervision and survoillanco for an offender placed into community control, which may includo but is not Wither' to: 1. Sriocifiral context with the parole and probation officer. 2. Confinement to an 49mnd-upon residence during hours away from omploymont and public mice activities 3. Mandatory public service, 4. Supervision by the Department of Corrections by moans of on electronic monitories/ dovico or System. S. The standard conditions of probation set forth in s. (b) For an offender reflood on criminal quarantine community control, the court shall ruouiro: Elcictronic monitoring 24 hours per tiny. 2. Confinement to a ONIgnotod rocklanco during designated hours. (2) The enumeration of specific kinds of terms and conditions does not prevent the court from adding thereto any other terms or conditions that the court considers proper. However. the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. LiA17.01 to reside in another state if the ardor stiPtiletec that it is contingent upon the) approval of the receiving *tato intorstota compact authority. The court may rescind or modify at any rime the terms and conditions theretofore imposed by it upon the offender in community control. However, if tho court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 354 days, and incarceration shell be restricted to a county facility, 0 probation and restitution tenter under the jurisdiction of the Department of Corrections. probation program drug punishment photo 1 sncuro residontial treatment institution, or b community residential facility owned or operated by any entity providing such services. (3) The court may place o Mk:indent who is being sentencod for criminal transmission of HIV in violation of s. 775.0872 on criminal quarantine cormaunity control:The Deportment of Corrections shalt develop and administer a criminal quarantine community control program emphasising triterreim supervision with 24-hour-por-doy electronic monitoring. Criminal quarantine community control status must Include suivoillnnce and may include other measures nornially assoclatod with community control, oxcopt that specific conditions necessary to monitor this population may be ordered. EFTA00233543 JUN-27-2008 FRI 03:34 PM FAX NO. 561835869: P. 94 2941,0435 Sexual offenders required to register with the department; penalty.— (l) As used in this section, the term: OM, `Sexual offender means a person who moots tho critoria in sub-subparagraph a., sub • subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: AA Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offansos proscribed In the following statutes in this state or similar offonsos in another jurisdiction: s. 787.01, s. 787-0Z, or s. 7132,025(2)(c), where the victim is a minor and the defendant is not the vkties parole or guardian; 794.011A excluding s. 191481(10); s. s. 796.03j 796.016; s. 89_0A1 s. g5api6; s. !gm 5. 047.o14,1; s. 841.0133, culaludire s. 847.0135(9); 5. 847,0137; s. 847.0116; s. 84?,0115; or s. 985.761(1j; or any Mafia/ offense committed in this state which has boon rodosignated from a former statute number to one of those listed in this sub-sub-subparamaph; and (II) Has boon reloased on or after October 1, 1997, from the sanction imposed for any conviction of an °from described in 50).50-subparagraph (I), For purposes of ath-sub- subparayranh (I), a sanction imposed In this state or in any other jurisdiction irtcludm, but is not limited to, a fine, probation, community control, parole, conditional minas*, control relate°, or incarceration in a state prison, rodent prison, private corroctional facility, or local detention facility; b. Establishes or maintains a residence in this state and who has not been dm-ignited as a &enrol predator by a court of this state but who has been designated asexual's( predator, es a sexually violont predator, or by another sexual offender designation in another stone or )urisdiefori and was, as a insult of such designation, subjected to registration or community or public notification, or both, or would be if tho person wero a resident of that state or j'urisdiction, without regard to whether the person otherwise meets the criteria for Iwcistrwtton os a roxual *Minder; c. Establishes or maintains 6 residence in tids stato who is in the =tidy or control of, or ender the supervision of, any other state or jurisdiction ace result Ma conviction for committhig, or attempting, soliciting, or corrspfring to commit, any of the criminal. offenses proscribed in the following statutes or similar *Hanoi in another Jurisdiction: s. 787.01, s_ or s. 787.025(2)(c), whore the victim is a minor and the defendant fs not the victims Parilitt or guarrllan; s 794.011, excluding s. 7911.011(10); s. 794.05; s. 796.03; s. 796.035; s. 500.0t s. 825.1025; s. 827.071; 5. 847.0124; 5. 147,013S, excluding s. W.013S(4); s. 8474_537; s. p47.0138; s. 84721452 or s 215.701.11); or any sirmlor offense committed in this state which has been redesignated from a former statute mitten to one of thus° listed in this sub-r.ubperagraph; or rd- On or after July 1, 2097, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offemes proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of ago or older at the limo of the offense: (I) Section 794.011, excluding s. 794.011(10); (II) Section 800.04(4)(b) whore the victim Is under 12 years of ago or whore the court finds actual activity by the use of force or coercion; fill) Section $0021(5)(c)1. where the court finds motostation involving unclothed genitals; or EFTA00233544 JUN-27-2008 FRI 03:34 PM FAX Na 5618358691 P. 05 (iv) Section 800.00451(d} wticra the court finds the use of forco or coercion and unclothed genitets. 2. Far all qualifying offenses listed In sub-subparagraph (1)(a)1.d., tho court sholl make a mitten finding of the ago of the offender at Um time of the offense. For each violation of a qualifying oriental listed in this subsection, tho court shall make a written finding of tho ago of the victim at the time of the offense. For a violation of s. a.2_O N(4), tho court shall additionally memo a written finding indicating that the offense did or did not Involvo sexual activity and indicating that the offortsc did or did not involve force or coercion, Far a ViOlOtl" of s. Wi° 4(5), tbc court SigItt additionally make a written finding that the offertio did or did not involve unclothed genitals or genital area and that the offense did or did not Involve the too of force or coercion. (b) 'Convicted" moans that thorn: has been a doterminatfon of aunt as a result of la trial or the elty of a pion of guilty ar nolo contenders, regardless of whether adjudication is withheld, and includes, an adjudication of dolinquency of a juveniles specified in this suction. Conviction of a similar offense Includes, but Is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a pica of guilty or nob contenders rosulting in a sanction in any stato of the United Stator or other jurisdiction. A sanction Includes, but is not limited to, a lino, probation community control, parolo, conditional release, control roloaso, or incarceration in n state prbon, federal prison, private correctional facility. or local detentivn facittty. (c) 'Permanent residence and "temporary rosidenco' have the same moaning scribed In s. 775.21 Kb 'Institution of higher education- moans a career center, community college, college, state university. or independent postsoconciary institution. (e) "Change in onrollmcni: o omployrnent status' moan' the commencement or termination of enrollment or employment or a change In location of enrollment or omployment. (f) 'Electronic mall address' has tho same moaning as provided In s. öttb497; IV InSbant message name" moans an identifier Cat allows a person to communicate In real time with another person using tho Internet. ra A sexual offender (a) Report in person et tho sheriffs office: 1. In tho county in which the offender establishes or maintains a pormanont or temporary residence within 48 hours after: a. Establiching permanent or temporary residence in this stets; or b. being rolottsrxi from tio custody, control, or supervision of the Department of Correction., or from the custody of a private correctional facility; or 2. In the county where he or she was convicted within 48 hours after being convicted for a qualifying offense for registration under this suction if the offender is not in the custody or EFTA00233545 JUN-27-2008 FRi 03:35 PM FAX NO. 5618358691 P. 06 control of, or undor the surrridon of. the Department of Corrections, or is not in the custody of a private correctional facility. bey change in the sow& offender's paramount or temporary residence, name, any eladtrona. mail address and any instant message name required to be provided pursuant to paragraph (4) after the =mat offender more; in parson at the sheriffs office, shall be accomplished fri the manner provided in svbsoctiorm (I), (7), and (8). (b) Provide his or her name, date of birth, social security number, rapt, sex, height, weight, hair and oye color, tattoos or other identifying marks, occupation and Paco of employment, address of permanent or legal residency or address of any current temporary residence, within the state end out of mato, Including a rural route address and a post office box, any electronic mat address and any instant message name required to be provided pursuant to paragraph (4)(t), date and place of oath conviction, and n brief description of the triune or cranes committed by the offender. A post o Mee box shell not be prospected in lieu of a physical residential address. 1. If the swami offenders place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as donned in chuptor 320, the UMW offender shall also provido to the department tivougb the sheriffs office written notice of the vehicle identification number; the license tag number; the registration rather; and a description, including color whom°, of the motor vehicle, trailer, mobilo home. or manufactured home. If the sexual offender's place of residence is a 1105301, tiVErabOOK4 vessel, or houseboat, as defined in chapter 327, the sexual offender shall also proVide to the department written notice of the hull Identification numb r; the manufacturers serial number; the name of the venal. Ova-aboard vessel, or houseboat; t he rogIttration »mbar; and a description, including color schema, of the vos;ol. live-aboard vessel, or houseboat. 2. if the sexual offender h enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department through the sheriffs office tho namo, address, and county of cosh institution, including each camps attended, and the sexual offenders enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the sheriffs office, within hours after any change in mews. The sheriff shall promptly notify each Institution of the sexual offroolork presence and any alone in the sexual offender's enrollment or employment status. When asexual offender reports at the sheriffs office, the sheriff rlsall take a photograph and a set of fingerprints of the offender end forward the photographs and fingerprints to tiro department, along with the information provided by the sexual offender. The sheriff shall eroMptly provide to the department the Information 'coalface from the sexual offender. (3) Within 18 hours after the report required under subsection (2), a sexual offender shall report in person et a dale's license office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that compiles with the roquiremtmts of L. a2.141(3) was previously secured or updated under s. 944.607 At rho driver's license office the soirrar offortdor (a) if othorwiso qualified, secure a Florida, dr Ivor's license, renew a Florida drivers neon" or socuro an Identification card. The soma offondor shall identify himself or herself as a sexual offender who is required to comply with this Fraction and shall provide proof that the sexual offender reported as required in subsection (2). The sexual offender shall provide any of the Information spectfiod in subsection (2), if requested. The sexual offender shall submit to tin, salmi of is photograph for use in issuing a drivers license, ronowad license. or identification card, and for use by the department in maintaining current records of sexual offenders. EFTA00233546 JUN-27-2008 FRI 03:35 PM FAX NO. 5618358691 P. 07 (bi Pay the costs assessed by the Department of Highway Safety and Motet Ye/delfts for issuing or ft:flowing n giver's Ikons° or identification cord es required by this section. The driver's license or Identification card iris loci must be Incompliance with s. 322.14113). (c) Provide, upon recluse. any additional information necessary to confirm the Identity of ti ie sexual offender, including e sat of fingerprints. Mffel each time a sexual offender's driver's license or identification card is subject to renewal, end, without regard to the status of the offender's driver's license or identification card, within • 48 hours after any change in the offender's permanent or tomporary residence or change in trio offender's nano by reason of marriage or other legal process, the offender shall report in person to a driver's license office, and shall be subject to the requiromants specified in subsection (3). The Dcpstmont of Highway Safety and Motor Vehicles shalt forward to the department all photographs and information provided by sexual offenders, Notwithstanding the sestdctiosis set forth in s. 122-142, the Department of Highway safety and Motor Vehicles i s authorited to release a 'reproduction of a color photograph or digitaldmago license to the Department of Law Enforcemem for purposes of public notification of sexual offenders as provided in this section and ss. tg.043 ond ItfiDS. fl2d A sexual offender who vacates 41 permanent residence and fails to establish or maintain another permanent or temporary residences thrall, within 48 hours after vacating the permanent residence, report in person to the sheriffs office of tho county in which he or she Is located. The sexual offender shall spncify the date upon which he or she intends to or did vacate such residonco. The sexual offender must provide or update all of the registration information required undor paragraph (2)(b). The sexual offender must provide an ackircrz for the residence of other location that ha or she is or will be occupying during the time in which ho or she lone to establish or maintain a permanent or temporary rash:lent°. (c) A sexual offender who reniains at a permanent residence after reporting his or her Intent tc vacate such residenceshall, within 48 hours after the date upon which the- offender Indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph 0s) for the purpose of reporting his or her address at such tandem°. When the sheriff rot-Dives the report, tho sheriff shall promptly convey the information to the department. An offender who n ethos a report as required under paragraph (b) but fah to make a report as required under this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. jr.i.014, or s. 7715.084. (d) Asexual offender must: register any dectronic mail address or instant message name with the deportment prior to wing such electronic mail address or instant message name on or after October 1, 2007. The department shall establish an online system through which sexual offenders may securely access and update ail electronic mail Matron and instant message rune information. IS) This section doers not apply to a sexual offender who is also a sexual predator, as defined lit a. 7:75.21, A simnet predator must register as required under s. (6) County and local law enforcement agencies, in conjunction with the department, shall verify the addressor of visual offender; who ate not ender the care, custody, control, or supervision of the Departmont of Correction. in a manner that is consistent with the proeftlion; of the federal Adam Welsh Child Protection and Safety Act of 2006 arid any other fodoral standards applicable to such verification or required to be mot as a condition for the receipt of federal funds by the *eta. Local law enforcement agencies shall report to the deportment :my failure by a sexual offender to comply with registration requirements. EFTA00233547 JUN-27-2008 FRI 03:35 Pfl FAX NO. 5618358691 P. 08 (7) A sexual offender who intends to establish residence in another state or jurisdiction other than tho State of Florida shalt report in parson to the sheriff of the county of currant redence within 48 hove; before the date ho or she intends to lease this state to establish residence In another state or jurisdiction. 11* notification must include the address, municipality, county. and state of intended residents. The sheriff shall promptly provide to the department the information received from the Soxual offender. The department shall notify the statewide law onforcoment agency, ore comparable agency, in the Intends state or jurisdiction of rosicionco of the amulet offender's intended residence. The failure of a sexual offender to provido his Of her intended place of residence is punishable as provided in subsection (9). fa) A sexual offender who indicates his or hor intent to reside in another state or jurisdiction other than the Stec of Florida and later decides to remain in this state shall, within rat hours after the date upon which the sexual offender indicated ho or she would leave this state, capon in potion to the sheriff to which the sexual offender reported tho intended change of residence, and report his or her intent to train in this state. The sheriff shall promptly report this information to the department. A sexual offender who reports his or her intent to reside in another state or jurisdiction but who remains In this state without reporting to tiro sheriff ca tho manner required by this subsection commits a felony of the second degree, punishable presided in s. VS O82, s. PFA.Cea, or s. 221.904. i9)(a) A sexual offerdor who drum net comply with the requirements of this section commits a felony of the third degree, punishable as provided ins. rx1APIZ, s. 77,1i.0O, or s Macallat (b) A sexual offender who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the seen( offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating, a person as a sexual offender. (c) An arrest on charges of failure to register when the offender has boon provided and advisod of his or het statutory obligations to resistor under subsection al, the sargica of an information or a complaint for a violation of this section, or an arraignment on charges for e Wotation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraign mem constitutes grounds for a subsequent charge of fattest to register. A sexual offender charged with the aims of failure/ to register who atom, or intends to assort, a tack of notice of the duty to register ea a &fore to a charge of failure to register shall ininodiatoly rooistor es required by this section. A sexual offender who Is charood with a subsequent failure to register may not assert the defense or a lack of notice of the duty to register. (eh Rogfaration following such arrest, service, or arraignment is not a defense and deco not relieve the sorrel offender of criminal liability for the fallen., to aviator'. (10) The department, the Department of Highway Safety and Motor Vehicles, the gopartinont of Corractiore, the Department of Juvenile Justice, any law enforcement agency in this state, end the personnel of these dopartmants; an elected or appointed official, public employee, or school administrator; or an employe, agency, or any Individual or entity acting at the raciest or upon the dirocuon of any law enforcement agency is immune from chill liability for damages for Rood faith compliance with the requirements of this section or for the release of Information under this cation, and shall be presumed to haws acted in good faith in compiling, recording, Reportino, or releasing the information. The preemption of good faith is not ovorcome if a technical or clerical error Is made by the department, the Dapartinont of Highway Safety and Motor Vehicles, the Department of c.orractions, the Department of Juvenile EFTA00233548 JUN-27-2008 FRi 03:36 PM FAX NO. 5618358691 P. 09 Jostle.% the penis:viol of these departmtmts, or any individual or entity acting et the requct.i or upon the direction of any of those departments In compiling or providing Information, or I; Internettoo is incomplete or inconoct because a sexual offender fails to report or falsely mores hit or her cunt tut place of permanent or temporary rosidonco. (11) except as provided ins. 943.04354, e sexual offender must maintain registration with the department for the duration of his or tsar life, unless the sexual offender has received a full pardon or has had a conviction set aside in a postconvietion procooding for any offense that moots the critaria for clessilyine tho per.;on as a sexual offender for purposes of reebtratioli. However, a sexual offondor: fall. Who has been lawfully released from confinement, sursomislon, or sanction, whlchevcr is later, for at luau 25 years and has not been arrested for any felony or misdemoenor offense since roloaso, provided that the retail offender's roquiromont to mighty was not based upon on adult conviction: a. Pore violation of s. 7.1„,7 crt or s. ZQZ.92; b. For a violation of s, 794.011, excluding s. 794.011(10); C. Fora violation of Si A00-04(4101 where the court finds the offense hwolvod a victim under 12 years of age or sexual activity by the use of fordo or coercion; d. For a violation of s. ggp.04i5)(b); • a. For a violation of s 800,01(5)c.2. whore trio court finds the of Viso involved unclothed genitals or genital area; f, For any attempt or conspiracy to commit any such offonso: or g. For a violation of ;linear law of another jurisdiction, may petition the criminal division of the circuit court of the circuit in which thu sexual offender rack e% for tho purpose or removing the requirement for registration as a sexual offender. 2. The court may grant or deny relief if the offender demonstrate* to the court that he or siva has not boon arrested for any crime since release; the requested relief complies with the provisions of tho federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of rogistration requirements for a sexual offender or required to be met as a condition for tho receipt of federal funds by the state; and tho cart is otherwise satisfied that the offender is not a current or potential throat to public safety. The stet° attorney in the circuit in which the petition Is flied must be given erotica of the petition at Iciest 3 weeks before the heroine on the natter. The state attorney may present variance in opposition to the requested relief or may otherwise domonstrata the reasons why the petition should be defect If the court denies the petition. the court may sot a future date at which the sexual offender may again petition the court for roller, subject to the standards for relief provided in this subsection. 3. Tho department shall romovo en offondor from classification as a sexual offender for purposes of registration If the offender provides to that dopartment a certified copy of the court's written findings or order that Indicates that the offender is no longer regairod ko comply with the requirements for registration as a sexual offender. EFTA00233549 JUN-27-2008 FRI 03:36 PM FAX ND, 5618358691 P. 10 (b) As defined in sub-subparagrapli (1)(a)1.b. must maintain registration with this department for the duration of Ho or her life until the person providos the deportment with an order issued by the court that designated tho paten to 3 'onto( predator, as a scoctutity violent predator, or by another sexual offender designation in the stew or jurisdiction In which the order was Issued which states that such designation has boon removed or demonstrates to the department that such dosignation, if ROt imposed by a court, has been removed by operation of law or court order in the state or Jurisdiction In which the designation was made, and provided such ponon no longer meets the criteria for registration as a sexual offender under the laws of this state. (12) The Legislature finds that 733143I offenders, especially these who have committee offenses against minors, of ton pace a high risk of engaging In sexual offenses oven after being Sesser) from incarceration ar commitment and that protection of the public from sexual offenders Sc a paramount government interest. Sexual offenders hairy a reduced expectation of privacy because of the public's Intees=, In publiczloty and in the effective operation of fiovornment. Releasing information concerning sexual offenders to law enforcement agencies and to persons who request such information, and the release of such information to tho public by a taw enforcement agency or public agency, will further the governmentel interests cf public safely. The designation of a person 35 a 5CW31 offender/ Is not a sentence or a punishment but is simply tho status of the offender which is the result of e conviction for having committed cortain crimes. (13) Any person who 4tø racoon to believe that o sexual offender is not complying, or lies nett complied, with the requiremonts of this section and who, with theintent to assist the sexual offender in eluding a law enforcement agency that Is seeking to find the sanest offender to question the sexual offender about, or to arrest thct flaunt offender for, his or hor noncompliance with the requirements of this section: (a) Withholds information from, or does not notify, the taw enforcement agency about the sexual offender's noncompliance with the requiremonti of this section, and, if known, the whereabouts of the sexual offender; (b) florbon, or attempts to harbor, or ordsb another person in harboring or attempting to harbor, the soxtrat offender; or (c) conceals or attempts to concerti, or insists another person In concealing or artompting to concoct, the sexual offerdart or (d) Provides information to the Lew enforcement agency regarding the sexual offender that the ponon knows to be false information, commits a felony of the third degree, punishebto as provided in s. 775.082, s. 7/5.0(2 or s. 775.084. (14)(a) A sexual offender must report in person each yew during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month co the sheriffs office in the county in which ho or she resides Of is otherwise located to reresehler. (b) However, asexual offender who is required to register as a result of a conviction for: 1. Section 787,01 or s. 787.02 where the victim h a minor and the offender Is not the victim s parent or guardian; EFTA00233550 JUN-27-2008 FRI 03:37 PH FAX N3. 5618358691 2. Soction z94,211, oxcludirrg s. 794.011(10i; 3. Setton 1100. f4)(b) whom the court finds the ottens() Inooloocr a ulltim under 12 years of age or sexualiletivIty by ltr LI34, of force or coercion; 4. Soction 600.01(5)fb),: 5. Selt-tint, BOO,Q4(5)(c)1. who«, the court finds molestation invoMno unclothad genitals or gomtetMer— a. Saction 800.04(5)c.2. where the court finds molostation (notving uneloihed genital; or genital emmi: 7. Socuor, Boa D4f5)(d) waoro tho court finds the ‘iso of foren ar coarcion and unclothed genitals or gonitel area; a. Any at:tomat er complracy to tornrest Al& offense; or 9. A violation of a siingar taw of another jurbdietion, must reregistor &sch year during the month of the wxual crifencler's hirthday and <>very ;hird Month thereuftor. lo) Tho slmrifis °Pica may eictermlne the appropriate timos and dags for reporting by the statue( affender, which :hall bo consisbant with ase reporting nagulmmonts af Uns subsecti el I. fieregistration shall Meidde any chemise to the, following information: 1, Name; sotsal socUrity nurober; age; race; sex; dato of bIrth; hoight; weIght; halt and mp colon addrecs of any permanent rendene and addrets of any cirront temporary resIdence, within the stabs or out of state, inclutling e rurat routeaddross and a post office box; any caloctronic mag addrem and any intant mosane nam; soulrad to bo providen persuant to paragraph (4)(d); date and plata of any employment; whicte make, modal, color, and titene*. tag nurober; %%eigi ints; and photograph. A post office box shift( not bopron-lcd In boa af physieat resident:fal address. 2. If the saxtal *frender is enrollod, omployed, or tenying on a ',kation at an fnstItution or high.« oducatiori in this nto, eho sexual °fiender slatt als* prooldo to the department the nam°, atddross, and county of ranch institutlon, including nach campus attended, and the sexual offondet's onrollrnont or ornploymant status. 3. If the smal offondoes placo of residente is a motor veitte, trollut, mobile homo, or manufacturod homo, as deflnad in chaptor 320, ti» sextust offondor %hag alv) provide the vehicto idontifleation number; the Uconso tag nurober; the registraton tamebor; and o doscriptIon, inctuding .efor schome, of the motor vablete, trailer, Mobile homo, or MandfaCturlid home. If tho sexual offentier's plata of residence is a avissal, liaewsboarcl vassol, or houseboet, as dofinad in chaptor 327, the sexual offandar shali also provide the hull Identifictation nutubor; the manufacturer's soria( nernber; the num° of tho vassot. (too-nboard uenig, or houseboot; the rogistratIon nutubor; and a descrlption, Indexting color schema, of the versal, lber-aboard rost or housaboat. 4. Any sexual offondor who faits to report in person as matglad at the sheriffs °file°, or w!w falls to renpond to any addreres warificatlen corrospondonco from tho dopartrnont roteple 3 ~eks of tho date of tho correspondanco or who falls to reffort eteetronio man addrol'n% or EFTA00233551 JUN-27-2008 FRI 03:37 PM FAX NO. 5618358691 P. 12 instant message names, commits a felony of the third dogma, punishable as provided in 5. 375.082, S. 778.083, ors. 775.084. (d) The sheriffs offieo shell, within 2 woridng days, electronically submit and updato all information provided by tho saxual offender to the department in a manner proscribed by the department, EFTA00233552 JUN-27-2008 FRI 03:37 PM FAX Na 5618358691 P. 13 948.30 Additional terms and conditions of probation or community control for certain sex offenses.--Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section. (1) Effective for probationers or community controllees whose crime was committed on or after October 1, 1995, and who are placed under supervision for violation of chapter 794, s. 800.0, s. 827.071, or s. 847,0145, the court must impose the following conditions in addition to all other standard and special conditions imposed: (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender's employment precludes the above specified time, and the alternative is recommended by the Department of Corrections. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions. (b) If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate, as prescribed by the court. The 1,000-foot distance shall be measured in a straight line from the offenders place of residence to the nearest boundary line of the•school, day care center, park, playground, or other place where children congregate. The distance may not be measured by a pedestrian route or automobile route. (c) Active participation in and successful completion of a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders, at the probationer's or community controllee's own expense. If a qualified practitioner is not available within a 50- mile radius of the probationer's or community controllee's residence, the offender shall participate in other appropriate therapy. (d) A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court. (e) If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except as provided In this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment. Further, the sex offender must be currently enrolled in or have successfully completed a sex offender therapy program. The court may not grant supervised contact with a child if the contact is not recommended by a qualified practitioner and may deny supervised contact with a child at any time. When considering whether to approve supervised contact with a child, the court must review and consider the following: 1. A risk assessment completed by a qualified practitioner. The qualified practitioner must prepare a written report that must include the findings of the assessment and address each of the following components: a. The sex offender's current legal status; b. The sex offender's history of adult charges with apparent sexual motivation; c. The sex offenders history of adult charges without apparent sexual motivation; EFTA00233553 JUN-27-2008 FRI 03:37 FM FAX NO, 5618358691 P, 14 d. The sex offenders history of juvenile charges, whenever available; e. The sex offender's offender treatment history, including consultations with the sex offenders treating, or most recent treating, therapist; f. The sex offenders current mental status; g. The sex offenders mental health and substance abuse treatment history as provided by the Department of Corrections; h. The sex offenders personal, social, educational, and work history; i. The results of current psychological testing of the sex offender if determined necessary by the qualified practitioner; j. A description of the proposed contact, including the location, frequency, duration, and supervisory arrangement; k. The child's preference and relative comfort level with the proposed contact, when age appropriate; 1. The parent's or legal guardian's preference regarding the proposed contact; and m. The qualified practitioners opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child. The written report of the assessment must be given to the court; 2. A recommendation made as a part of the risk assessment report as to whether supervised contact with the child should be approved; 3. A written consent signed by the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offenders present legal status, past criminal history, and the results of the risk assessment. The court may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact; 4. A safety plan prepared by the qualified practitioner, who provides treatment to the offender, in collaboration with the sex offender, the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, and the child, when age appropriate, which details the acceptable conditions of contact between the sex offender and the child. The safety plan must be reviewed and approved by the court; and 5. Evidence that the child's parent or legal guardian understands the need for and agrees to the safety plan and has agreed to provide, or to designate another adult to provide, constant supervision any time the child is in contact with the offender. The court may not appoint a person to conduct a risk assessment and may not accept a risk assessment from a person who has not demonstrated to the court that he or she has met the requirements of a qualified practitioner as defined in this section. EFTA00233554 JUN-27-2008 FRI 03:38 PM FAX NO. 5618358691 P. 15 (f) if the victim was under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to, schools, day care centers, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malts. (g) Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offender's deviant behavior pattern. (h) Effective for probationers and community controllees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until the offender's sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offender's accessing or using the Internet or other computer services. (i) A requirement that the probationer or community controllee must submit a specimen of blood or other approved biological specimen to the Department of Law Enforcement to be registered with the DNA data bank. (j) A requirement that the probationer or community controllee make restitution to the victim, as ordered by the court under s. 775.089 for all necessary medical and related professional services relating to physical, psychiatric, and psychological care. (k) Submission to a warrantless search by the community control or probation officer of the probationer's or community controllee's person, residence, or vehicle. (2) Effective for a probationer or community controllee whose crime was committed on or after October 1, 1997, and who is placed on community control or sex offender probation for a violation of chapter 794, s. 800.04, s. p27.071, or s. 847.0145, in addition to any other provision of this section, the court must impose the following conditions of probation or community control: (a) As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examination must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall be paid for by the sex offender. The results of the polygraph examination shall not be used as evidence In court to prove that a violation of community supervision has occurred. (b) Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer. (c) A prohibition against obtaining or using a post office box without the prior approval of the supervising officer. (d) If there was sexual contact, a submission to, at the probationer's or community tontrollee's expense, an HIV test with the results to be released to the victim or the victim's parent or guardian. EFTA00233555 JUN-27-2008 FRI 03:38 PM FAX NO. 5618358691 P. 16 (e) Electronic monitoring when deemed necessary by the community control or probation officer and his or her supervisor, and ordered by the court at the recommendation of the Department of Corrections. (3) Effective for a probationer or community controllee whose crime was committed on or after September 1, 2005, and who: (a) Is placed on probation or community control for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847,0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; (b) is designated a sexual predator pursuant to s. 775.21; or (c) Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071 or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older, the court must order, in addition to any other provision of this section, mandatory electronic monitoring as a condition of the probation or community control supervision. EFTA00233556 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A STATE OF FLORIDA vS. JEFFREY EPSTEIN, Defendant. MOTION TO CLARIFY SENTENCE TO CORRECT SCRIVENER'S ERROR COMES NOW the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney and moves this Honorable Court to enter an Order clarifying the sentence to correct a scrivener 's error contained in the sentencing documents in the Defendant's case. In support thereof the Defendant would state as follows: 1. The Defendant was charged by Information in the above referenced case and the case was assigned to Criminal Division "W'. 2. The case was resolved by a guilty plea after plea negotiations between the parties. It was a condition of the plea negotiations that the case be resolved on June 30, 2008. 3. The case was scheduled for a plea conference on June 30, 2008 in Criminal Division "W', the division that this case and the companion case had always been assigned to. On that date, retired Judge Deborah Pucillo was substituting for the assigned Division "VV' judge, Sandra McSorley, because Judge McSorley would not be sitting on that day. 4. Judge Pucillo handled all cases assigned to Division "W' on June 30, 2008 including that of the Defendant. SCANNED DEC 0 8 2008 EFTA00233557 • • 5. The Defendant, Jeffrey Epstein, entered his guilty pleas on June 30, 2008 in Division "W' before Judge Pucillo. All plea documents and court commitments from court on June 30, 2008 reflect that this was a Division "W" case and was being resolved in Division "W', the division the case had always been assigned to. 6. As part of the negotiated settlement of the case, the Defendant was sentenced to a twelve month sentence in Case No. 2006CF009454AXX, followed by a six month sentence on this case, consecutive with the first twelve month sentence in the in Case No. 2006CF009454AXX. The Defendant is sentenced to twelve months of community control I consecutive to the two above referenced jail sentences. The community control sentence begins only after the two jail sentences have been served. 7. On July 18, 2008 Judge Sandra McSorley, the permanent judge assigned to Division "W', signed an Order of Community Control, without notice to the parties, nunc pro tunc to June 30, 2008. The reason for this is that the substitute judge had neglected to sign an Order of Community Control in this case at the time of the plea. See the Order of Community Control attached as Exhibit "A". 8. The Order of Community Control signed by Division "W' Judge McSorley on July 18, 2008, contains a minor scrivener's error that needs to be corrected. The Order of Community Control could be misinterpreted to suggest that the Defendant was placed on community control on June 30, 2008 based on the box that the clerk checked in error when preparing the Order of Community Control. 9. The parties agree that the Defendant's twelve month sentence on Case No. 2006CF009454AXX is followed by a six month sentence in the instant case. The parties agree that the one year period of community control is to only begin after the Defendant EFTA00233558 has completed his jail sentences. 10 Assistant State Attorney Lanna Belohlavek does not to object to Motion to Clarify Sentence to Correct Scrivener's Error. WHEREFORE the Defendant moves this Honorable Court to enter an Order correcting the scrivener's error in the original Order of Community Control clarifying the intent to the parties that the Defendant's community control sentence begins only after his jail sentence terminates. I HEREBY CERTIFY that a copy of the foregoing has been furnished by mail to Lanna Belohlavek, State Attorney's Office, 401 North Dixie Highway, West Palm Beach, Florida 33401, this 41h day of December, 2008. ATTERBURY, GOLDBERGER & WEISS, P.A. STATE OF FLORIDA • PALM BEACH COUNTY I hereby certify that the tore Inn is a true copy cor in my office. By DEPUTY CLERK EFTA00233559 11/25/2088 15:'18 • STATE OF FLORIDA Plaintiff -VS- JEFFREY E. EPBT!JN Defendant IN THE Furnarra JUDICIAL . CIRCUIT COURT, IN AND FOR • PALM BEACH COUNTY ' assNUMBER DIVISION ' DCNUMBER CIRCUIT NUMBER: BENEZI&VIIM2MQ FICSOPLEY "Vic W35755 15-4/JAIL- SPLIT ORDER OF COMMUNITY CONTROL I This cause coming before &Caul to be bead, and you, the defendant, being now present hefore the court, and you having E entered t plea of guilty to K entered a plea of nolo contendere to Count L K been found guilty by jury verdict of K been found guilty by rho court trying the case without a jury of PROCUREPERSON UNDER AGE OF 18 FOR PROS1ITUTION SECTION I: JUDGMENT OF GUILT tE The court hereby adjudges you to be guilty of the shot offease(s). Now, therefore, it is ordered and adjudged that the impcoition of sentence I. hereby withheld and that you be placed on Probation I for a period of under the supervision of the Department of Corrections, subject to Florida law. SECTION 2t ORDER WITBROLDING ADJUDICATION K Now, therefore, it is ordered end adjudged that the adjudication of guilt is hereby withheld and that you be placed on Probation for a period of_ under the supervision of the Department of Corrections, subject to Florida law. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE It is hereby ordered sad adjudged that you be: committed to the Department of Corrections or K confined in the County Jail fora kern of with credit for jail time. After you haw mewed of the tens, you shall be placed on Probation for a period of under time supervision of the Department of Corrections, subject to Florida law. Or El confined in the County All for a term of -- COMMUNITY CONTRQL 1 CONSECUTIVE TO THE (121MONTI1 SENTENCE IN CAStit 2D08CF00945AAMB with credit for ONE ID DAY jail time, as e special coalition of supervision. VE f12 Page 1 of 8 1VNINIEO mow D 13%114003 H3V38 InVd A13143 1I3O8 flOSVHS , SS tit Wd i Z ier BUZ Form Revised 03-16-08 EFTA00233560 ULKWII UCLA net au ens • • • • 3EPPREF EPSTEIN CASE0502008CF009381AXXX.MB • • IT IS FURTHER ORDERED that you shall comply with the following gisndscd condition! of aurrervision as proyided by Florida (I) Yon will report to thaprobtitiOn of toe ea directed. Not later than the fi0h day of each month, unless otherwise directed, you will • ' make a full and truthful mon to yotr officer on the fornf provided for that purpose. (2) You will pay the State of Florida the amount of 350.00 per month, as well al 4% surcharge, toward tho post of your supervision in accordance with e. 948.09,F.S„ unless otherwise exempted in compliance with Florida Statutes. . . (3) You will remain in a spiv:Mod place. You will not change your residence or employmont or leave the cony of your maiden« without first procuring the consent of your officer. •.,. (4) You will not possess, carry or own any freenn or weapon, unless authorized by the cowl. (5) You will live without violating the Jew. A conviction in a cowl o£ law shall not be necessary for such a violation to constitute a violation of your probatioilcommuoity control. (6) You will not associate with any person engaged in any criminal activity. (7) You will not use intoxicants to croon; or possess any drugs or narcotics unless prescribed by a physician. Not will.you visit places whew intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed'or used. (8) You will work diligently et a lawful occupation, advise your employer of your probation status, and support any dependents to the but of your ability, as directed by your officer. (9) You will promptly and truthfully answer all inquiries directed to you by the court or the officer, and allow your officer to visit in. your home, al your employment site or elsewhere, and you will comply with all instructions your officer may give you; (10) You will pay restitution, coon wets, andkr fees in accordance with special conditions imposed or In accordance with the attached orders. • (11)You will submit to random testing at directed by your officer or the professional staff of the treatment center where heishe is receiving treatment to deurmino the presence of alcohol or Magni drugs. You will bo required to pay for the tests unless exempt by the court. (12)You will submit two biological specimens, as directed by your officei, for DNA analysis as prescribed is ss. 943.325 and 948.014. F.S, (I3)You will report in person within 72 hours of your release from incareenttion to the probation office in PALM BE County, Florida, unless otherwise instruoted by the court or department. (This condition applies only if section 3 on the previous page is oheokod.) Othenvis ea yen must report immediately to the probation office located at 3444 SOUTH CONGRESS AVENUrn JAKE WORTH J. 334.61, Page 2 of 8 Form Reviled 03.18-08 EFTA00233561 11/25/2008 1572a . 3tit. ustetiu i isit.thisto r,:uc o6r uo MOREY EPSTEIN CASEa5020DBCFD09381AXparta SPECIAL gown-loss 1. You mutt undersea Dmg sod Alcohol evaluation end, if treatment Is dawned necessary, you must successfully complete the treatment, and be responsible for the payment of any caste inourred while receiving said evaluation and treatment, union waived by the court Additional instructoolordered: K 2. You will make msdlthion to the following viedra(s), as directed by the court, until the obligation is paid in full: NAME: TOTAL AMOUNT; $ Additional insetted= ordared, including spooific monthly amount, begin date, due data, or otal & several: NAME: TOTAL AMOUNT s.. , • Additional instruction ordered, including peoI5c monthly amount, begin date, duo date or joint &several: srzcIAL CONDITIONS— CONTINUE') You will *nil. the Dopartment of Corn:Mine Non-Secure Drug Treatment Program or other residential treatment program/Probation tad Restitution Canter for a period of succenslid completion as approved by your officer. You are to remain until you suanasfidly complete sold Program arid Aftercare. You arc to oomply with all Rules and RegulationS of the Progratn. You tall be confined In the county jail until placement in said ',roarer°, and if you are confined in the jail, the Sheriff will transport you to said program. K 4. You will abstain entirely from the use of aloobol andlor illegal drugs, And you will not associate with anyone who is illegally using drugs or consuming alcohoL K 5. You will submit to urinalysis testing on a Tama& bast; to ditmmine the presence of alcohol or illegal drugs. You will be requited to pay for the tents unless exempt by the court. K 6. You will not visit any establishment where the primary business is the sate and dispensing of alcoholic beverages. K 7. You will sucocesililly complete bows of community service at a rate of , at a work site approved by your officer. Additions/ instructions ordered: K 8, You will remain at your residence between 10 p.m. and 6 am due to a curfew imposed, vnkss otherwise directed by the court. K 9. You will submit n electronic monitoring, follow the rules of electronic monitoring, and pay pa month for the oost of the monitoring service, unless otherwise diroottd by the noun. K 10. You will not minim with during the period of supervision. K I I. You will have no coma (direct or indirect) with the victim or the victim's family during the period of supervision. K 12. You will have no oonteot (direct or indirect) with during the period of supervision. K 13. You will maintain full limo oroploymont or attend school/vocational school full time or 0 combination of school/work during the term of your supervision. K 14. You will make a good faith effort toward oomplcting basic or functional litcraoy skills or a high school equivalency diploma. IS. You will auccesifully complete the Probation &Restitution Program, abiding by all rule, and rtgulatlons- Page 3 erg Penn Revised 03.18.03 EFTA00233562 Xiati • 1DI *id • " • . • El tirierstia r Litt leans, t - JEFFREY EPSTEIN CASEN502008CF00938 lArCOvIB K 16. You will anend Alcoholics Anonymous or Narcotics Anonymous meetings at least monthly, unless otherwise directed by the court K 17. You must successfully complete Ancor Mannzernant and be nrepensible for the payment of any costs incurred while receiving said treatment, unless waived. If convicted of a Demesne Violence offense, as defined is s. 741.28, F,S., you must attend and successfully complete n batterer's intentennoo program, unless otherwise directed by the court Additional truitrueders ordered: • K 18. You will amend an HTV/ADDS Awareness Program consisting of a gloss of not lean than two (2) hours or more than four (4) hours in length, the eon for which will be paid by you. • • O 19. You shall mho:diyourperson, property, piste of residence, vehicle or persontd effects to a warrantless search at any time, by any probation or con-nanny control officer or any law enforcement officer. 20. DEFENDANT MUST REGISTER AS A SEXUAL OFFENDER WITHIN 48 HOURS OF RELEASE • 21. AS A SPECIAL CONDITION OF HIS COMMUNITY CONTROL, ME DEFENDANT IS TO HAVE NO UNSUPERVISED CONTACT WITH MINORS, AND THE SUPERVISING ADULT MUST BE APPROVED BY THE DEPARTMENT OF CORRECTIONS 22 THE DEFENDANT IS DESIGNATE!) AS A SEXUAL OFFENDER PURSUANT TO FLORIDA STATUTE • 943.05 AND MUST ABIDE BY ALL THE CORRESPONDING REQUIREMENTS OF TILE STATUTE, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEELED., lieD 23. DEFENDANT MUST PROVIDE A DNA SAMPLE IN COURT AT THE TIME OF THIS PLEA. E 24. SPECIFIED CONTACT WITH THE PAROLE AND PROBATION OFFICER O 25. CONFINEMENT TO AN AGREED-UPON RESIDENCE DURING HOURS AWAY FROM EMPLOYMENT AND PUBLIC SERVICE ACTIVITIES 23 26. MANDATORY PUBLIC SERVICE ▪ 26. SUPERVISION. BY THE DEPARTMENT OF CORRECTIONS BY MEANS OF AN ELECTRONIC MONITORING DEVICE OR SYSTEM • 27, ELECTRONIC MONITORING 24 HOURS PER DAY E a CONFINEMENT TO A DESIGNATED RESIDENCE DURING DESIGNATED HOURS AND, IF PLACED ON DRI/Q_QEFIEL(DER PROBATION, YOU WILL COMPLY WITH THE FOLLOWLYG CONDITION OF SUPERVISION IN ADD/TION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED 15Y THE COURT: (14)You will participate in a specialized drug treatment program, either as an in•padcnt or outpatient, as recommended by the treatment provider. You AI attend all counseling sessions, submit to random urinalysis and, if an in-patient, you will comply with all operating mks, repletion, and procedures of the sr:timers facility. You will pay for all costs associated with treatment and testing unless otherwilo directed. Additional instructions ordered: (15) You will ranein at your residence between pa and Lin duo to a curfew imposed. unless otherwise directed by the court AND, IF PLACED ON COMMUNITY corn-Rot YOU wait, COMPLY WITH THE FOLLOWING CONDITIONS, IN ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT: Page 4 of 8 Form Revised 03.18-08 EFTA00233563 11/25/2008 15:28 35 26 • elkeut r creamy. 'mine "obititie " • JEFFREY EPSTEIN CASEtt502008CF009381AXYJtMEI (14)You will roped to your officer a directed, atleasi one trine a Week, unless you bays written consent otherwise. (15)You will remain confuted to your approved rtaldcncc except for one half how before and after your approved employment. public servle.e work, a any other special activities approved by your officer. . • . • ()6)You will maintain en hourly accounting of all your activities on a daily log, which you will submit to your oTheer on request. (17) You will successfully complete hours of community service at a rate of _, at a work eitc approved by your officer. Additional inemxtiohs ordered:. ' (18) You will submit to electronic monitoring, follow tie roles of Mania monitoring. end pay for die cost of the monitoring service, unless otherwise directed by the court. per moat MD, IF PLACED ON PROVIDED IN CHAPTER 224, t 800.04,1. 82/.071, or s.,47,0145, COMMITTED ON OR ATTIE OCTOBER 1.1995 YOU WILL COMPLY WITH • TEE FOLLOWING STANDARD SEX OFFENDER CONDITIONS, INADDITION TO THE STANDARD CONDITIONS • 'LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT: : O4)A mandatory curfew front 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender's employment preoludes the above specified time, and the alternative ie recommended by the Department oftorroctions. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions. (15) if the gleam was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park, playground. or other place where children regularly conmagete, as prescribed by the court. T110 1,000-foot distance shall bo measured in a etralght line from the offender's place of rearm° to the neatest boundary line of the school, day care center, park, playground, or other place where childrencongregate. The distance may not be measured by a pedestrian route or automobile route. (16)Aonve participation in end successful completion of a sex offender vestment program with qualified practitioners specifically trained to neat am offenders, at the offender's own expense. If e qualified practitioner is not available within a 50-mile radius of the offender's residence, the offender shall participate In other appropriate therapy. (17)A prohibition on any contact with the victim, directly or indirectly, Including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court (18)11 the victim was under the age of 18, a prohibition on contact with a Mild under the age of 18 except as provided in this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified proodtioner who is basing the recommendation on a risk assessment. Further, the sox offender must be currently enrolled in or have successfully completed a sex offender therapy program. no COWS may not grant eupervised contact with a ohild if the contact is not recommended by a qualified procdtioner and may deny supervised contact with a child at any time, (19)1f the victim was under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to any school, daycare center, park, playground, pet store, library, zoo,therne park, or mall. (20)Unless otherwise indicated in the treatment plan provided by the eerie! offender °Emmem program, a prohibition on viewing, myosins, owning, or 'amassing any obscene, pornographic, or sexually stimulating visual or auditory material. including telephone, electronic media computer programa, or computer smilers that we relevant to the offender's deviant behavior pattern. (21)A requirement that the offender submit two specimens of blood or other approved biological specimens to the Florida Department of Law Enforcement to be registered with the DNA data bank. (22)A requirement tint the offender make matitullon to the victim 03 ordered by the court under s. 775,089, for all necessary medical end related professional services relating to physical, meanie, and psychological cam. (23)Submisslon to a warrantless search by the community control or probation officer of the offender's person, residence, or vehicle. Page 5 of 8 Form Revised 03.18.08 EFTA00233564 _ . . -iii1•014tXiti art; to to %A.sividir VA.114.1. . , , eta • • • JEFFREY EPSTEIN CASF4502008CF009381AX)0(ME • pnerws FOR PROBAIIONZLOR COMMUNITY CONTROLLEE WHOSE CRIME WAS COMMTTEI) ON OE. - . , •• . Ann OCTOBER 1,1597 pj4D WHO IS • • MR A VIOLATION OF CHAPTER .22,4, a. 110%04, 6.1127.071, or a. 847.014‘ DI ADDITION TO ANY. OTHER.PROVIS7ON : • „... OP THIS SECTION, YOU MUST COMPLY WITH THE FOLLOWING CONDITIONS OF SUPERVISIONt. • . • . • (24) As past of a treatment program, putkipation at least annually in polygraph culminations to obtain information necenuy flars184. . •: management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examination mnst be conducted by a . • polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall be paid • . , . . . • by the sex offender. (25)Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer. (26)A prohibition against obtaining or using a post office box without the prior approval of the supervising officer. . . . . • . (27)If them wee sexual contact, a submission to; at the offender's expense, an FIW test with the 'results to be released to the vino 1 .. . , • • • and/or the .victim's pitent or guardian. ,.. . • • • . . . : . • (E8)Ekotronio monitoring when deemed necessary by the probation officer and supervisor, and ordered by the own at die recommendation of the Department of Correodons. .. ... • • • ... . .. — : • I ' . . ' (2E)Fiffeetive for an offender whose crime was committed on or after July 1,2005, and who are placed on supervision for violation of chapter 794,1. 800.04, a. 827.071, ore. 847.0145, a prohibition on accessing the Internet or other computer services until the offenders sex offender treatment pronto, after a risk assessment is completed, approves and implements a safety plan for the offender's accessing or using the Internet or other computer services. (30)Effeetive for offenders whose crime was committed on or after September 1, 2005, thorn 13 hereby Imposed, in addition to any other provision in this section, mandatory electronic monitoring as s condition of supervision for those who: Are placed on supervision for a violation °taborer 794,3. 800,04(4), (5), or (6), a. 827.071, or a, 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of ago or older, or • Arc designated es a sexual predator pursuant to a, 775.21; or • Hoe previously been eonviotod o f a violation of chapter 794,1.800.04(4), (5), or (6), s. 827.071, or a. 847,0145 and the unlawful sexual activity involved a victim 15 years of age or younger and tho offender is 18 years of ago or older. You are hereby placed on notkathat should you violate your probation or community control, and the conditions set forth in a. 948.063(1) or (2) are utlisfled, whether your probation or community control is revoked or not revoked, you shall ba placed on eleouonio monitoring in accordinoe with F.S. 948,063. • YOU ARE HEREBY PLACED ON NOTICE that tho court may at any time rescind or mod* any of the oondidons Of your probation, or may extend the period of probation at authorized by law, or may discharge you from flue= supervision. If you violate any of the conditions of your ;aphelion, you may be arrested and the court may revoke your probation, adjudicate you guilty if adjudication of pill was withbdd, and impose any sentence that it might have imposed before placing you on probation or require you to rave the balance of the sentence. Page 6 of 8 Form Revised 03-18-08 EFTA00233565 11/23/21201 o: -WAWA f Carat I JEFFREY EPSTEIN CASEE02,008EF009281AX.700vIll . ••1T 18-11RTHEE ORDERED that Witt you. tunas beeitinstructrA es tot conditions of probation, you thall be released from • • . • cultodYlf Sy am in anstorly,end if you are.atllbeity* bond, the sureties thereon shell stand discharged fermi liability, (pide . paragraph applion only if ovation I or section 2 is °beaked) • . . . • ' Pf IS IrlErfEER ORDERED that the clerk& this court the this order in the clerk's office and provide certified copies of same to: the officer for use le compliance with the requirements of law. el ?Tv tY DONE AND ORDERED, on NUM TRO'ruNc 96-]0.200% • Sandra K. hdoSorloy, Chttlit dge I aclmowledge receipt of a copy of this order end that the onsiditions have be plaited to me and ! agree to abide by them. Instructed by: Supervising Officer up/07.02.08 Defendant Page 7 of 8 ForteReviled 03.18-08 EFTA00233566 11/‘'D/ZOOO 10:10 . • $ .140 War VW JEFFREY EPSTERI CASE0502008CF009381AXXX.MB COURT ORDERED PAYMENTS ' .. CRICK ALL THAT ARE ORDERED: FINES S_ Total of fine sunned In sentence, penmen to s. 775.083 (1)(a) through (g) or Cholla 316, F.S. § . 3 Statmonly mandated 5% surcharge/cost (fine exessod (on first line) pursuant to t 938.04, F.S. Crime Stoppers Trutt Fund pursuant to s. 938.06(1), PS. 518.8awilunitiistdiant131312080 . MANDATORY COSTA MAW, CASES .0 $100,02 Additional court coot for felony offense, annum to a 93805(IX0), F.S. . O 550.00 A ddHlonal court con ler misdemeanor or criminal waffle *Rene, pureuent to s. 938.05(1)(b) or (c), F.S. 0 5_50.00 . Crimes Compensation Trost Fund pursuant too. 938.03( I ), F.S. O Lan County Crime Proventloo Food pursuant to t. 775.083P, P.S. O ; 3.02 Additional Court Costs Clearlug Trost Fund pursuant to 3.938.01(1), F.S. O 1_519.2 Per month for each month of supervision for Training Trust Fund Surcharge, pursuant to t. 948.09. P.S. MANDATORY COSTS 2N SPECIFIC TYPES OP CASES O urila Rope Crisis Program Trutt Fund, punamat to a 938.085, P.S. for any violations of ss. 784.011, 784.021, 784.03, 784041: ' 784.045, 784,048,784.07, 784.0, 784.081,784.082,784.083,784.085, or 794.011, F.S. ID FM,02 Domestic Violence Trost Fund, pursuant x3.958.08,1.3. fot my violations of ss. 784.011, 784.021, 784.03, 784.041, 784.045, 784.048,78407, 734.08, 784.081, 784082,784.083, 784.083, 794.011, or any otTenm of Dornostio Violence &scribal In 3. 74 L28, F.S. • • . . O ligia Canals Crimes Against Misers, pursuant to s. 938.10(1), F.S. far my violations of a. 784.085, chapter 787, chapter 794, a. 796.03, s. 800.04 chapter 827, s. 847.0145, or e. 995.701, F.S. ID $115.00 DUI Court Cots, pursue/At to t 938.07, F.S. for ony violetions of as. 316.193 or 327.35, P.S. O LJ,29 State Agency Law Enforcement Radio System Traci Fund, pursuant tot. 318.18(17), F.S. for any violations of offenses listed Ina. 318.17 Including et 316.) 915, 316.027, 316.0b 1, 877.111, ampler 893, U. 316,193,316.192, 316.067, 316.072(3), 516.543(1), army other offense In chapter 316 which is olessIll ad a 1 m(ming) violation. E.1 5 2.00 Criminal Rothe Educstion by Munleripshtlos and Oeuntin, prtsuont to s. 938.13, P.S. El 165.0Q Additional court costs for local requirement. and other county headed programs pursuant to le 939185(1)(a), RS. O ; 3.00 Tess Court funtUant to S. 535.18(2), DISCRETIONARY K $ 1.98 Per month during the non of supervision to the following nonprofit organization established for the solouutposo of supplomenting fro rehabilitative slims of the Deportment of Cr:Sentient Fornicate a. 948.039(2), RS: K NAUQ Public Defender Apollonon Fee, If not mcvlously collected or waived, persvent tote 27.52 coda 93829, F.S. O Public Defender Fees and Cork, pursuant tot. 938.39, F.S. es tleinmanedl°4-4119. 0 S50.00 ProrecutionfinvestigatIve Cows, pursue m to s. 938.27, F.S. O Other. K Otha: • $aat County Aleohtl and Other Drug Abuse Trust Fund, pursuant to 1.93811 and a. 938.23. F.S. for violations of a. 3I 6.193, 5.856,011. s. 356.015, or chapter 562, chapter 167, or thaptcr 568, F.S. K REV112 Operating Trutt Fond of the FDLE, ponram to s. 939.25. F.S. for violations of s, 893.13 offenses * TOTALS 473,00 PAYMENT IS TO BE MADETHROUGH AND PAYABLE TO:® Department of Corrections or O Clerk of Coun (If oollectcd by the Department of Coirectiont, a surcharge of 4% will be added to all paymenu ordered by the coun, pursuant x s 94531. P.S.) K Court Costs/Fines Wowed Coon Costa nos In the amount of Court Cosu/FIncs in the amount of SPECIFIC INSTRUCTIONS FOR PAYMENT; Page 8 of 8 convened lo community service bouts reduced to civil lodgment Form Revised 03-18-D8 EFTA00233567 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA CASE NO.: 08CF009381AXXXMB DIVISION "W" VS. JEFFREY E. EPSTEIN, c- •rn• Defendant. • I • •“-• AGREED ORDER CORRECTING SCRIVENER'S ERROR? 49 :NM CA ) THIS MATTER came before the Court upon the agreement of J c A.Goldberger, Esq., attorney for the Defendant, and Barbara Burns, Esq., Assistant State Attorney, and the Court being otherwise fully apprised of the facts and circumstances therein, it is hereby ORDERED AND ADJUDGED that the Order of Community Control is corrected to delete special condition #26 (Supervision by DOC by means of an electronic monitoring device or system) and special condition #27 (Electronic monitoring 24 hours per day). The plea agreement and plea colloquy clearly reflect that the Defendant was not to be placed on the electronic monitor. DONE AND ORDERED in chambers, West Palm Beach, Palm Beach County, Florida this Copies Furnished: day of May, 2009. / JEFFREY C BA141A"-- Circuit Court udge Jack A. Goldberger, Esq., Attorney for Defendant Barbara Burns, Esq., Assistant StatAtisrfiev • STATE OF FLORIDA • PALM BEACH COUNTY Department of Corrections — Probr '' ' ifs arole thereby certify that the t foregoing is a true copy : - oft ec rd in my office. SCANNED MA1 0 5 1009 EFTA00233568 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guity 11 DOC Felony Solicitation of Prostitution 1 No 3 FF.L ring Person Under 18 for Prostitution 1 No 2 FEL Pet VVelved/Not Required Required/Requested ADJUDICATION: Adjudicate Di 1 SENTENCE: On OBCF009454AMB, the Defendant Is sentenced to 12 months in the Pain Beach County Detention Facility, with credit for 1 (one) day tine served _ 1,11470% Jos.t. biAlioAfft On 08CF009381AMB, the Defendant S sentenced to 8 months& the Pain Beach County Detention Facility, will aedlt for 1 (one) day tine served. This 8 month sentence is to be served consecutive to the 12 month sentence in OOCF0094S4AMB. Following this 8 month sentence, the Defendant will be placed on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS: As • special condkion of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Correction. The Defendant Is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by al the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time • STATE OF FEAR A • PALM BEACH COUNT? I hereby certify that the tonguing is a true copy of the rec In my office. F ,Haar . 20271_ 0 K OMP ROLLER PUTY CLERK EFTA00233569 r. timare e. jn—uDstWA) HAT YOU SHALL COMPLY WITH THE FOLLOWINODITIONS-OF SUPERVISION: i. calvIMUNITY CONTROISARD CONDITIONS: You will remain confined to your residence except one half hour before and after your approved employment, . community service work, or any other activities approved by your probation officer. You will maintain an hourly accounting of all your activities on a daily log which you will submit to your supervising officer upon request • • The Department of Corrections, may at its discretion, places you on Electronic Monitoring during the term of your Community Control. If placedon Electronic Monitoring, you will wear a monitor at all times. You will maintain a • private phone line, be financially responsiblifor any lost or damaged equipment and follow all rules and regulations as instructed. The telephone will be available within five working days of being placed On Electronic Monitoring Program. While on electronic monitoring you will remain confined to your residence and are prohibited from being outside the residential walls. • (d) If while being monitored and the monitor is found to have been tampered with you shall be taken into custody immediately, if the officer determines that your were not at your schedules place of work or school while allowed to be outside the residence then in that event you shall be taken into custody immediately. If taken into custody, you shall be held without bond and shall. on the next working day, brought before a Judge presiding over his or her case for further disposition at the discretion of the presiding hdge- (a) If placed on Electronic Monitbring you will pay to the State of Florida, for the cost of Electronic Monitoring $1.00 per day, per F.S. 948.09; ODeknciAni. tau . PecictiA-s O4- 5-`a" el 3.Y; (to Ways .12:4> r-kni plot_ 33 6 1,,t_tuu t.) FROBATIO RD CONDMONS . • (a) You will submit to and, unless otherwise waived, be financially responsible for drug testing, urinalysis at least on a monthly basis, and counseling if deemed appropriate by your supervising officer. • ( 2) You will enter and successfully complete a non-secure or inpatient drug treatment program if deemed appropriate by • your officer. (a) You will comply with any curfew restrictions, confinement approved residence or travel restrictions as instructed by your officer and approved by the Officer's Supervisor. sTsiX.QEFENEAR•84.6SiatRH-eetetnerrst you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM . .• b (if the victim wasunder the age of 18 years) you shall not live within 1000 feet of a school, day care center, park, . playground, or other place where children regularly congregate. . (a) you shall -enter, actively participate in, and successfully complete &sex offender treatment program with a therapist particularly trained to heat sex offender, at proltationer's or community controlees expense. ou shall not.have any contact with the vietiOdirectly or indirectly, including through a third person, unless approved by the victim, the therapist and sentencing court. . . (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex offender program, have any unsupervised contact with a child under the age of 18 years, unless authorized by the sentencing court, without an adult present who is responsible for the child's welfare and which adult has been advised of the crime arid is approved by the sentencing court. the victim was under the age of 18 years) you' shall not work for pay or as a volunteer in any school, day care center, ark, playground, or other place where children regularly congregate. RP- you shall not view, wn, or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs or computer services that are relevant to your deviant behavior pattern. %Yon shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered with the DNA Data Bank. . . . . ' (i) You shall make restitution to the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and related profesaional services relating [tithe physical, psychiatric and psychological care of the victim. You shall submit to a warrantless search by your probation officer or community control officer of y ur pe_ i w rson residence, or vehicle. . . CO eirs co." Cs 0) Dacejtalall-1 - +O C\94-tel— COViseLC-44 — l" ) L44-, 14--t. S . .. . 60 C CY cif a- nit Ok. % fvt.•1 €kr t 6 tem- - tin &L. vreadic. y 0 De k n acca,4-- fp 004 4 fi tividoi Seim c.c., Ca mciet,41n-v --1:1 ATS-Ini4; Oa tt An. yl 1114 R. • EFTA00233570 you shall submit to a man tory curfew from 10:00 PM to 6:00 AM (if the victim was under the age of 18 years) you shall not live within 1000 feet of a school, day care center, park, playground, or other place where children regularly congregate. (c) you shall enter, actively participate in, and successfully complete a sex offender treatment program with a therapist particularly trained to treat sex Offender, at probationer's or community controlees expense. (d) you shall not have any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the therapist and sentencing court. . (e) (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex-offender • program, have any unsupervised contact with a child under the age of 18 years, unless authorized by the sentencing court, without an adult present who is responsible for the child's welfare and which adult has been advised of the crime and is approved by the sentencing court. (f) (if the victim was under the age of 18 years). you shall not work for pay or as a volunteer in any school; day care center, park, playground, or other place where children regularly congregate. (g) Unless otherwise indicated in the treatment planprovided by the sexual offender treatment program, you shall not view, own, or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, • • electronic media, computer programs or computer services that are relevant to your deviant behavior pattern. You shall submit two specimens of blood to the Florida Department of Law Pnforr.ement in he neeetered with the 11h1A Dam Bank. (1) • You shall make restitution tothe victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and related professional services relating to the physical, psychiatric and psychological•care of the victim. 0) You shall submit to a Warrantless search by your probation officer or community control officer of yoUr person, • residence. or vehicle (ic) you shall, as part of a treatment program, participate once/twice annually in polygraph examination to obtain informatio necessary for risk management and treatment and to reduce your denial mechanisms: Your polygraph examinations mus be conducted by a polygrapher trained specifically in the use of polygraph for monitoring sex offenders and it shall be paid by you. The results of the polygraph examinations shall not be used as evidenced in court to prove that a violation of community supervision occurred. You shall maintain a driving log, you shall, not drive a motor vehicle white alone without prior approval of your supervising officer. . • Ri (if there was sexual contact) you shall submit to, at probationer's orcommunity controlees expense, an HIV test with the results to be released to the victim,. or the victim's parents or guardian. You will not obtain or use a Post Office Box without the prior approval of the supervising officer. Yon will submit to electronic monitoring when deemed necessary by the community control or probation officer and hit or her supervisor, and.ordered by the court at the recommendation of the Department of Corrections. . Mier: . . COURT RB,533RVHS THE RIGHT TO RESCIND, MODIFY, OR REVOKE SOISI94 TO NT PROVIDED' BY LAN; IONS AND ORDeRED AT West Palm Beach, Palm Beach County, Florida, this ToC3 lunc Pro Tunc: .1.01-5aMt Honorable Sandra K. McSorka• Jutjg< Circuit Court have received a copy of the terms and conditions of my supervisionA have read and understand these condit.-em e- agiee to report to the Department of :orrections Probation Office for further instructions. Also. I hereby consent to the disclosure of my alcohol and drug abuse patient rec ds, the cOnfidentiMit, f which is federally regulated under 42CPR, Part II. for the duration of my fupervision. EPEND S 10/11 0 By ROR DA :PALM B h joy eat, lb S TIMED BY foregoing is a true OPY of he recor otike. .20 — BO K TROLLER PUTY CLERK EFTA00233571 948.101 Terms and conditions of community control and criminal quarantine community control... (1) The court shall determine the terms and conditions of community control. Conditions specified fn this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control. (a) The court shalt require intensive supervision and surveillance for an offender placed Into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agreed•upon residence during hours away from omploymont and public service activities. 3. Mandatory public service. 4. Supervision by the Department of Corrections by means of an electronic monitoring device or system. 5. The standard conditions of probation sot forth in s. 948.03. (b) For an offender placed on criminal quarantine community control, the court shall require: 1. electronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated hours. (2) The enumeration of specific kinds of terms and conditions does not prawn the court from adding thereto any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 to reside In another state if the order stipulates that it is contingent upon the approml of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by It upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not mead 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services. (3) The court may place a defendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control. The Department of Corrections shaft develop and administer a criminal quarantine conwriunity control program emphasizing intensive supervision with 24.hourper-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered. EFTA00233572 '943.0435 Sexual offenders required to register with the deparunent; penalty-- (1) As used in this section, the term: (a)1. -Sexual offender' means a person who meets the criteria in sub-subparagraph a., sub- subParawaph b., sub-subparagraph c., or sub-subparagraph d., as follows: a.(I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant Is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035- s. 800.04; s. 825.1025; s. g7.071- s. 847.0133• s. a47.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145- or s. 985.701(1); or any similar offense committed In this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and (II) I-Ias been released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described In sub-sub-subparagraph (I). For purposes of sub-sub- subparagraph (I), a sanction imposed in this state Of In any other jurisdiction includes, but Is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration In a state prison, federal prison, private correctional facility, or local detention facility; b. establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender; c. establishes or maintains a residence in this state who is in the custody or control of, or under the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 787.01, s. ?87.02_, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-subparagraph; or d. On or after July 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of age or older at the time of the offense: (I) Section 794.011, excluding s. 794.011(10); (II) Section 800.04(4)(b) whore the victim is under 12 years of age or where the court finds sexual activity by the use of forte or coercion; (III) Section 800.04(5)(c)1. where : atc ..., the court finds molestation involving unclothed genital • EFTA00233573 (IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals. 2. for all qualifying offenses listed in sub-subparagraph (1)(4)1.d., the court shall make a written finding of the age of the offender at the time of the offense. Far each violation of a qualifying offense listed in this subsection, the court shall make a written finding of the age of the victim at the time of the offense. For a violation of s. 800.04(4), the court shall additionally make a written finding Indicating that the offense dfd or did not knots* sexual activity and Indicating that the offense did or did not involve force or coercion. For a violation of s. 800.04(5), the court shall additionally make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not invests the use of force or coercion. (b) *Convicted moons that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication Is withhold, and includes an adjudication of delinquency of a juvenile as specified in this section. Conviction of a similar offense includes, but Is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed fortes of the United States, and includes a conviction or entry of a plea of guilty or nolo con tendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. (e) "Permanent residence" and "temporary residence have the same moaning ascribed in s. 775,21. (d) "Institution of higher education means a career center, community college, college, state university, or independent postsecondary institution. (e) 'Change in enrollment or employment status' means the commencement or termination of enrollment or employment or a change in location of enrollment or employment. (f) 'Electronic mail address" has the same meaning as provided In s. 668.602. (g) 'Instant message name means an identifier that allows a person to communicate in real time with another person using the Internet. (2) A sexual offender shall: (a) Report in person at the sheriffs office: t. In the county In which the offender establishes or maintains a permanent or temporary residence within 48 hours after: a. establishing permanent or temporary residence in this state; or b. tieing released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. In the county where he or she was convicted within 48 hours after being convicted for a qualifying offense for registration under this section if the offender is not in the custody or EFTA00233574 control of, or under the supervision of, the Department of Corrections, or is not in the custody of a private correctional facility. My change in the sexual offender's permanent or temporary residence, name, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d), after the sexual offender reports in person at the sheriffs office, shall be accomplished in the manner provided in subsections (4), (7), and (8). (b) Provide his or her name, data of birth, social security number, race, sex, height, weight, hair and eye color, tattoos or other identifying marks, occupation and place of employment, address of permanent or legal residence or address of any current temporary residence, within the state and out of state, including a rural route address and a post office box, any electronic mail addres and any instant message name required to be provided pursuant to paragraph (4)(d), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address. 1. If the sexual offender's place of residence is a motor while, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriffs office written notice of the vehicle Identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat 2. if the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education In this state, the sexual offender shall also provide to the department through the sheriffs office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change In enrollment or employment status shall be reported in person at the sheriffs office, within 48 hours after any change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change In the sexual attendees enrollment or employment status. When a sexual offender report at the sheriffs office, the sheriff shall take a photograph and a sat of fingerprints of the offender and forward the photographs and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender. (3) Within 48 hours after the report required under subsection (2), a sexual offender shall report in person at a driver's license office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that complies with the requirements of s. 322.141(3) was previously secured or updated under s. 944.607. At the driver's license office the sexual offender shell: (a) If otherwise qualified, secure a Florida driver's license, renew a Florida drhar's license, or secure an Identification card. The sexual offender shall identify himself or herself as a sexual offender who is required to comply with this section and shall provide proof that the sexual offender reported as required in subsection (2). The sexual offender shall provide any of tho information specified in subsection (2), If requested. The sexual offender shall submit to the taking of a photograph for use in issuing a driver's license, renewed license, or identification card, and far use by the department in maintaining current records of sexual offenders. EFTA00233575 (b) Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for Issuing or renewing a driver's license or identification card as required by this section. The driver's license or Identification card Issued must be In compliance with s. 372.141(3). (c) Provide, upon request, any additional information necessary to confirm the identity of the sexual offender, including a set of fingerprints. (4)(4) Each time a sexual offenders driver's license or identiffaide card is subject to renewal, and, without regard to the stabs of the offender's driver's license or identification card, within 48 hours after any then., in the offender's permanent or temporary residence or change in the °fielder's name by reason of marriage or other legal process, the offender shall report in person to a drivel license office, and shall be subject to the requirements specified in subsection (3). The Department of Highway Safety and Motor Vehicles shall forward to the department all photographs and Information provided by sexual offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles is authorized to release a reproduction of a color-photograph or digital-Image license to the Department of Law Enforcement for purposes of public notification of sexual offenders as provided fn this section and ss. 943.043 and 944.606. (b) A sexual offender who vacates a permanent residence and falls to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in parson to the sheriffs office of the county in which he or she is located. The sexual offender shall specify the date upon which he or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required under paragraph (2)(b). The sexual offender must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she fails to establish or maintain a permanent or temporary residence. (c) A sexual offender who remains at a permanent residence after reporting his or her intent to vacate such redeem shall, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. Vass the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required under paragraph (b) but fails to make a report as required under this paragraph commits a felony of the second date*, punishable as provided in s. 775.062, s. 775.082, or s. 775.064. (d) A sexual offender must register any electronic malt address or instant message name with the department prior to using such electronic mail address or Instant message name on or after October 1, 2007. The department shall establish an online system through which sexual offenders may securely access and update all electronic mail address and instant message name Information. (5) This section does not apply to a sexual offender who is also a sexual predator, as defined in s. 775 .21. Asexual predator must register as required under s. 775.21. (6) County and local law enforcement agencies, In conjunction with the department, shall verify the addresses of sexual offenders who are not under the care, custody, control, or supervision of the Department of Corrections in a manner that fs consistent with tie provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. Local law enforcement agencies shall report to the department any failure by a sexual offender to comply with registration requirements. EFTA00233576 (7) A sexual offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 4$ hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. The notification must include the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the sexual offender. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual offender's Intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9). (8) A sexual offender who indicates his or her intent to reside in another state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 48 hours after the date upon which the sexual offender indicated he or she would leave this state, report in person to the sheriff to which the sexual offender reported the intended change of residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. A sexual offender who report his or her intent to reside in another state or jurisdiction but who remains in this state without reporting to the sheriff in the enamor required by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.061, or s. 775.064. MOO A sexual ofende► who does not comply with the requirement of this section commits a felony of the third degree, punishable as provided in s. 775.062. s. 775.063, or s. 775.084. (b) A sexual offender who commits any act or omission in violation of this section.may be prosecuted for the act or omission in the county in which the act o► omission was committed, the county of the last registered address of the sexual offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual offender. (c) An arrest on charges of failure to register when the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment an charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraignment constitute grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to ►egister who asserts, or intends to assert, a lack of notice of the duty to ►egister as a defense to of failure to register shall immediately register as required by this section. A sexual offender who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register. (d) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register. (10) The department, the Department of highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, any law enforcement agency In this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any Individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error Is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile EFTA00233577 Justice, the personnel of those departments, or any individual or entity acting at the request or LOW the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect ber.ause a sexual offender fails to report or falsely reports his or her current place of permanent or temporary residence. (11) Except as provided in s. 943.04354, a sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has received a full pardon at has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender: (a)1. Who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at leant 25 years and has not been arrested for any felony or misdemeanor offense since release, provided that the sexual of requirement to register was not based upon an adult conviction: a. For a violation of s. 767.01 or s. 787.02; b. For a violation of s. 794.011 excluding s. 794.011(10); c. For a violation of s. 800.04(4)(b) where the court finds the offense involved a victim under 12 years of ago or sexual activity by the use of force or coercion; d. For a violation of s. 300.04(5)(b); a. For a violation of s. 600.04(5)c.2. where the court finds the offense involved unclothed genitals or genital area; f. For any attempt or conspiracy to commit any such offense; or g. For a violation of similar law of another jurisdktion, may petition the criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender. 2. The court may want or deny relief if the offender demonstrates to the court that he or the has not been arrested for any crime since release; the requested relief complies with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a sexual offender or required to be met as a condition for the receipt of ►ederal funds by the state; and the court is otherwise satisfied that the offender Is not a current or potential threat to public safety. rho state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. 3. Tie department shall remove an offender from classification as a sexual offender for purposes of registration If the offender provides to the department a certified copy of the courts written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender. EFTA00233578 • (b) As defined In sub-subparagraph (1)(a)1.b. must maintain registration with the department for the duration of his or her life until the person provides the department with an order issued by the cast that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation In the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court order in the state o► jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state. (12) The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public's interest In public safety and in the effective operation of government. Releasing information concerning sexual offenders to law enforcement agencies and to persons who request such Information, and the release of such information to the public by a law enforcement agency or public agency, will fists the governmental interests of public safety. The designation of a person as a sexual offender is not a sentence or a punishment but is simply the status of the offender which is the result of a conviction for having committed certain crimes. (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section: (a) Withholds information from, or does not notify, the law enforcement agency about the sexual offender's noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual offender; (b) Harbors, or attempts to harbor, or assists another person fn harboring or attempting to harbor, the sexual offender; or (c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual offender; or (d) Provides information to the law enforcement agency regarding the sexual offender that the person knows to be false information, commits a felony of the third degree, punishable as provided in s. 775.062, s. 775.063, or s. 775.064. (14)(a) A sexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the sheriffs office in the county in which he or she resides or is otherwise located to reregister. (l1) However, a sexual offender who Is required to register as a result of a conviction for: I. Section 787.01 or s. 787.02 where the victim Is a minor and the offender is not the victim's parent or guardian; EFTA00233579 2. Section 794.011 excluding s. 794.011(10); 3. Section 800.04(4)(b) whore the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion; 4. Section 500.04(5)(b); 5. Section 500.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area; 6. Section 600.04(5)c.2. whore the court finds molestation involving unclothed genitals or genital area; 7. Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals or genital area; II. Any attempt or conspiracy to commit such offense; or 9. A violation of a similar law of another Jurisdiction, must reregister each year during the month of the sexual offender's birthday and awry third month thereafter. (c) The sheriffs office may determine the appropriate times and days for reporting by tie sexual offender, which shall be consistent with the reporting requirements of this subsection. Reregistration shall include any changes to the following information: 1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any currant temporary residence, within the state or out of state, including a rural route address and a post office box; any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d); date and place of any employment; vehicle make, model, color, and license tag number; fingerprints and photograph. A post office box shall not be provided In lieu of a physical residential address. 2. Ii the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education In this state, the sexual offender shalt also provide to the department the name, address, and corny of each institution, including each campus attended, and the sexual offender's enrollment or employment status. 3. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined In chapter 327, the sexual offender shall also provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel or houseboat. 4. Any sexual offender who fails to report in person as required at the sheriffs office, or who falls to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence or who fails to report electronic mail addresses or EFTA00233580 Instant message names, commits a felony of the third doiree, punishable as provided in s. 775.062, s. 775.083, or s. 775.084. (d) The sheriffs office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to the department in a manner proscribed by the department. STATE OF FLORIDA • PALM BEACH COUNT I hereby certify that the foregoing is a true copy of the recori in my office. THIS... _D 20 K OLLER BY DEPUTY CLERK EFTA00233581 SINC MOTN W1/45CAL NIA- EFTA00233582 THE PALM BEACH POST MONDAY, JUNE IS, 4009 The Palm Beach Post ALEX TAYLOR, Publisher TIM BURKE, Executive Editor RANDY SCHULTZ, Editor of the Editorial Page Unseal the Epstein deal A rich, middle-aged Palm Beecher who preyed on girls almost 40 years younger already has received too many breaks from the system. He doesn't deserve another. In July 2008, at the age of 55 and after paying the equiva- lent of a small country's gross domestic product in legal fees, Jeffrey Epstein escaped federal charges and pleaded guilty in state court to a pair of charges related to his luring five girls — ages 14 to 17 — to his house. The girls undressed and massaged him in return for $200 to $300. HO serving only 18 months in the. Palm Beach County Jail, and he's serving only nights. And now he wants just one more favor. When Epstein entered his state plea, the terms of his federal deal were sealed from the public. That violated normal procedures. Attor- neys for some of the victims, who ' have filed civil lawsuits, want that plea deal unsealed, probably because the details would help their cases. But given the nature of this case, there% also a public interest One con- dition of the federal plea, for example, was that he take the state deal. That's why The Post also is seeking to have the file unsealed. Epstein% lawyers, Epstein Palm Beach sex offender deserves no more breaks. of course, want it kept secret. Last week, a Palm Beach County judge set a hearing for June 25. Epstein attorney Jack Goldberger claims that the file should stay sealed to protect the "orderly administration of justice" and "protect a compelling government interest." Oh, and third parties might get hurt. The compel- ling interest is Epsteinh, and there is no privacy issue since the victims themselves are making the request Palm • Beach police spent 11 months investigating Epstein, only to see then-State Attorney Barry Krischer kick the case to a grand jury. Mr. Krischer backed off when one of Epstein's gold-plated attor- neys, Alan Dershowitz, announced that some of the victims had posted MySpace comments about their alco- hol and marijuana use. Epstein% "best" defense has been that he didn't know the girls were underage. "How he verified that," Mr. Goldberger said, "I don't know" Investigators found a high school transcript in Epstein's house. He didn't know? The public should know what Jeffrey Epstein did, and what the system did for him. EFTA00233583 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A DIVISION W STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. MOTION TO MAKE COURT RECORDS CONFIDENTIAL Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney's, pursuant to Florida Rule of Judicial Administration 2.420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to treat as confidential the following records. A. A document referred to as "Non-Prosecution Agreement" filed under seal in the court file on July 2, 2008. B. A document referred to as "The Addendum to the Non-Prosecution Agreement" filed under seal in the court file on August 25, 2008. 1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008. 2. A Motion to Vacate Order Sealing Records and Unseal Records was filed by Non-Party EW on or about May 15, 2009. 3. A Motion to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009. 4. This Court granted Non-Party E.W. and Palm Beach Post Motion to Intervene on June 10, 2009 but took no immediate action on E. W.'s Motion to Vacate Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing. EFTA00233584 5.. The documents should remain confidential for the following reasons: a. To prevent a serious imminent threat to the fair, impartial, and orderly administration of justice. b. To protect a compelling government interest. c. To avoid substantial injury to innocent third parties. d. To avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings, sought to be closed. WHEREFORE, Defendant moves this Honorable Court to enter an Order keeping the above referenced records confidential, and maintaining them under seal. I HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis. CK A. GOLDBERGER, ESQ. WITNESS my hand and seal in the County and State last aforesaid this 11 day of June, 2009. Notary Public State of Fl My Commission Expires EFTA00233585 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via ei711.S. Mail; /Facsimile; o Overnight Delivery to R. Alexander Acosta, United States Attorney's Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office- West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 4 Shullman, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, . this 11 day of June, 2009. Deanna K. BURMAN, CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & WEISS, P.A. OBERT D. CRITTON, ESQ. lorida Bar No.224162 rt aL CK A. GOLDBERGER, ESQ lorida Bar No. 262013 EFTA00233586 di\ v t 11.1\:,\??Er%Yi;ERBUilkitilLUDBERGbR `NESS, June 11, 2009 Honorable Jeffrey Colbath Palm Beach County Courhouse 205 North Dixie Highway West Palm Beach, Florida 33401 RE: State of Florida Jeffrey Epstein Case No. 2008 CF009381A Dear Judge Colbath, JOSEPH R.ATTERBURY JACK A. GOLDBERGER JASON S.WEISS Board Certified Criminal Trial Attorney Member of New Jersey & Florida Bars Enclosed please find a courtesy copy of Jeffrey Epstein's Motion to Make Court Records Confidential filed with the Clerk of the Court on June 11, 2009. Very jfuly yours, a4Ac A. Goldberger, Esq. JAG/cg Enc. cc: Alexander Acosta, U.S. Attorney Judith Stevenson Arco, State Attorney William Berger, Esq. Bradley Edwards, Esq. Deanna Shullman, Esq. Robert Critton, Esq. EFTA00233587 AFTERBURY GOLDBERGER WEISS. Alexander Acosta United States Attorney's Office Southern District 500 S. Australian Ave. Suite 400 West Palm Beach, Florida 33401 33623+6237" "" "" lid EFTA00233588 THE PALM BEACH POST • THURSDAY, JUNE 11.2009 Judge delays ruling on request to unseal plea deal in sex case By SUSAN SPENCER-WENDEL Palm Beach Post Saill Writer WEST PALM BEACH — A circuit judge on Wednes- day did not unseal the deal that money manager Jeffrey Epstein of Palm Beach struck with fed- eral prosecutors to avoid chairs, opting instead to give Epstein lawyers a chance to demonstrate why it should remain hid- den from public view. Circuit Judge Jeff Colbath ac- knowledged at a hearing that Epstein's deal was not sealed in state court in ac- cordance with the rules. "I don't see where any of the procedures were ever followed," he said. Colbath has given Epstein% defense attorney, Jack Goldberger, an op- portunity to argue that the document was properly sealed and asked lawyers to submit briefs to him by Friday. Colbath also set a full hearing for June 25. Attorneys for young Epstein women now suing Epstein are asking Colbath to un- seal the deal that Epstein brokered with federal prosecutors. A lawyer for The Palm Beach Post also has joined in the request. "Ilk a secret agree- ment. A secret, sweetheart agreement," said former Circuit Judge Bill Berger, who now represents some of the women. "Everybody was in on this deal except the victims and the public," Berger said. "The public should be outraged it has gone as far as it has." A second attorney representing the women, Brad Edwards, has seen the sealed document. A federal judge allowed him and his clients to view it, but not to discuss its con- tents. Edwards said the women were "outraged" at what had been negotiated without their knowledge. A reporter asked Edwards if he thought Epstein re- ceived special treatment by federal prosecutors. "Are you kidding? It's transparent. Certainly no one else gets treated like that," Edwards said. Epstein, 56, a reported money manager of billion- aires, is currently serving an 18-month sentence in the Palm Beach County Stockade after pleading guilty nearly a year ago in state court to felony solicitation of prostitution and procuring teenagers for prostitution. The saga began years ago when the Palm Beach Police Department began investigating whether young woolen were be- ing brought to Epstein's mansion on El Brillo Way to massage him and have sex with him in exchange for money. Epstein§ attorneys, in federal filings, have referred to sealed docu- ments as a deferred pros- ecution agreement with federal prosecutors and have called it "unprec- edented" and "highly unusual." Goldberger said his cli- ent has not received any special treatment. e Susan_spencer_ wendel@pbpost.com EFTA00233589 THE PALM BEACH POST • WEDNESDAY. RAE 10, 2009 Women want sex plea deal unsealed Their attorneys will ask a judge to open Jeffrey Epstein's records. By SUSAN SPENCER-WENDEL Palm Beach Past Ste Weiler WFSC PALM BEACH - When wealthy money manager Jeffrey Epstein of Palm Beach pleaded guilty last year to pro- curing teehs for prostitution, his case detoured around local and state rules regarding the sealing of court documents. At a plea conference on the state charges, a judge, a defense lawyer and a pros- ecutor huddled at the bench and decided that a deal Epstein Epstein had struck with federal prosecute tors to avoid charges should be sealed, according to a transcript of the hearing. And so it was. But Florida rules of judicial adniin- istration, as well as rules of the Palm Beach County court system, require public notification that a court document has been or will be sealed, meaning kept from public view The rules also require a judge to find a significant reason to seal, See EPSIEIN, 4A II. See past coverage of Jeffrey Epstein's sex scandals. PannBeachPost.com/epstein. EFTA00233590 Public has right to know details of deal, Post attorney will claim IIP• EPSTEIN from IA such as protecting a trade secret or a compelling gov- ernment interest. Yet no notification or reason occurred in Epstein case, according to court records. Epstein own attorneys. in federal filings, have referred to his confiden- tial deferred prosecution agreement with the US. attorneyk office, struck in September 2007, as "un-. precedented" and "highly unusual." And it was "a significant inducement" for Epstein to . accept the state§ deal, observed the state judge who accepted his plea, County Judge Deborah Dale Pucillo. Epstein now faces at least a dozen civil lawsuits in federal and state courts filed by young women who said they had sex with him and now are seeking dam Attorneys for some of those women want his agreement with federal prosecutors unsealed and will ask Circuit Judge Jef- frey Colbath to do so today. "It is against public policy for these documents to be have been sealed and hidden from public scrutiny. As a member of the public, E.W. has a right to have these documents unsealed," wrote former Circuit Judge Bill Berger, now in private practice and representing one of the women, The Palm Beach Post also will ask Colbath to unseal the agreement. Post attont ney Deanna Shullman will argue that the public has a right to know the specifics of Epstein deal. According to various media accounts, Epstein moved in circles that in- cluded President Clinton, Donald Trump and Prince Andrew. "International Moneyman of Mystery" de- clared a 2002 New York mag- azine profile of Epstein. Epstein, 56, is in the Palm Beach County Stock- ade, serving an 18-month sentence after pleading guilty nearly a year ago to felony solicitation of prostitution and procuring teenagers for prostitution. He is allowed out from 7 a.m. to 11 p.m., escorted by a deputy, said Palm Beach County Sheriff's Office spokeswoman 'Teri Barbera. During a Palm Beach Police Department in- vestigation, five victims and 17 witnesses gave statements. They told of young women brought by his assistants to Epstein mansion on El Brillo Way for massages and sexual activity, and then being paid afterward. At Epstein's plea confer- ence last year, his attorney, Jack Goldberger, and then-Assistant State At- torney Lanna Belohlavek approached Pucillo in a sidebar conference. Pucillo, who had left the bench nine years earlier, was filling in temporarily as a senior judge. According toa transcript, Goldberger told Pucillo that Epstein had entered a con- fidential agreement with the US. attorney's office in which federal prosecu- tors brokered not pursuing charges against him if he pleaded guilty in state court Pucillo then said she wanted a sealed copy of the agreement filed in his case, and Goldberger concurred that he wanted it sealed. Belohlavek later signed off on it. The Florida Sunl it& Court has expressed "seri- ous concerti' and launched an all-out inquiry into seal- ing procedures across the state following media re- ports in 2006 of entire cases being sealed and disappear. ing from court records. "The publick constitu- tional right of access to court records must remain invio- late, and this court is fully committed to safeguarding this right," justices wrote in their final report Epstein's office on Thesday referred any questions to Goldberger, who declined to comment. Pucillo also has declined to comment. esusan_spencer we deliapbpost.com EFTA00233591 THE PAI M BEACH POST • iHURSDAY. JULY 2.2009 METRO REPORT 11InT WEST PALM BEACH —An appellate court on Wednesday granted financier Jeffrey Epstein's request to block the unsealing of his non-prosecution agreement with the U.S.Attomey's Office while the court consid- ers his appeal. A circuit judge had ordered the release of the documents, but Epstein% attorney argued that it would cause "ir- reparable harm." Attorneys for women now suing Epstein and for The Palm Beach Post sought the documents' release. The Fourth District Court of Appeal blocked the unsealing while both sides present legal arguments and the court considers them. Epstein pleaded guilty last year to solicita- tion of prostitution and procuring teenagers for prostitution. EFTA00233592 Epstein THE PALM BEACH POST mrh- • FRIDAY, JULY-10,2009 EPSTEIN SEX PARTNER LOSES LAWSUIT AGAINST NEWSPAPER Pervy Palm Beach moneybags Jeffrey Epstein, who at the tail-end of his 18- month sentence for solicitation of prostitu- tion, is the talk of the legal world again. One of the young girls he invited up for strange sex when she was 16 lost her defamation lawsuit against The New York Post last week. Ava Cordaro was asking for $100 million because, in 2007, the paper outed her as a transgender person (boy to girl) and, she claimed, made her look like "a promiscuous slut" The paper quoted her *Space page as saying she fantasized about being with multiple partners. A New York appel- late court sided with the tabloid, saying that Cordero herself gave the public the reasonable impression of promiscuity. Ya think? Got a news tip? Call Jose at (5611820-4725 or e-mail jose_lamblet@pbpostoom EFTA00233593 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DOCKETING STATEMENT AND NOTICE OF APPEARANCE OF COUNSEL (Revised as of May 1, 2001) The Court requires the following information in order to facilitate disposition of the case. APPELLANT/PETITIONER: If this case involves an original writ, is an appeal of a non-final order or Is a case involving child custody, this docketing statement must be completed and returned within five days. In all other cases, the appellant must file the docketing statement within 20 days from the dale of the acknowledgment of the notice of appeal. APPELLEE/RESPONDENT: Is not required to file a docketing statement unless there are amendments, corrections or additions to the docketing statement filed by the appellant/petitioner. Appellee/respondent is only required to file a notice of appearance if counsel's name does not already appear on the certificate of service. Appellee's/respondent's docketing statement, if necessary, is due within 5 days from service of the appellant's/petitioner's docketing statement. PLEASE PROVIDE THE FOLLOWING INFORMATION: DOCKETING STATEMENT OF: (CHECK ONE) APPELLANT/PETITIONER  APPELLEE/RESPONDENT 1. STYLE OF CASE Jeffrey EpsteinI. State of Florida DCA CASE LOWER COURT NUMBER CASE NUMBER 4D09-2554 2008 CF 009381A 2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT (If party is not represented by counsel, party should so indicate and provide accurate mailing address and phone number). Name See attached. Bar Number Address Attorney For Phone Number Fax Number 2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) Name See attached. Bar Number Address Attorney For Phone Number Fax Number 3. INTERESTED PERSONS: List names of all persons or entities having an interest in this matter. Please clarify whether these persons or entities are parties, lawyers or otherwise, and as to parties, designate whether appellant or appellee. See attached. EFTA00233594 4. JUDGES BELOW: List the name of all judges, deputy commissioners and hearing officers/examiners who were involved in this action below. Specify the judge who entered the order appealed. Honorable Jeffrey J. Colbath (entered order appealed) 5. JURISDICTION: State the basis for this court's jurisdiction; including the following: (1) the appellate rule providing jurisdiction claimed 9.100(c)(1) and 9.140(b)(1)(D); (2) the date of filing in the lower tribunal of the order appealed June 25. 2009 ; (3) if this is an appeal from a final order, the date of the return of verdict in a jury action N/A ; the service date of any Fla. R. Civ. P. 1.530 motion N/A and the date of entry of the order deciding such motion N/A 6. PENDING MATTERS IN LOWER TRIBUNAL: Are there any matters, including counts of claims or counterclaims, still pending in the lower tribunal? If yes, please explain exactly what remains pending. Not in the criminal case. There are civil cases pending against Mr. Epstein. 7. CURRENT AND PRIOR PROCEEDINGS IN THIS COURT: List by style and case number of this court, all cases which are or have been pending before this court involving issues arising from the same lower tribunal case and the current status of same: None. Criminal appeals: List by style and case number of this court all co-defendants currently or previously on appeal to this court. None. Similar Issues: List by style and case number of this court, all cases which are or have been pending before this court which are related to this action or which involve an issue which will be similar or determinative to the issue in this case on appeal. E.W. I Epstein Case No. 4D09-2409. If you become aware of appeals filed subsequent to the submission of this docketing statement involving a co-defendant in a criminal case, the same controversy or parties, or substantial similar issues, please file an amended response to this question. 2 EFTA00233595 8. Court Transcript: Do you intend to order any portion of the transcript for the appeal? Yes No  If yes, have all arrangements been made for its preparation? Yes No If yes, date ordered If no, why not? Already filed with court. Estimated date of completion: Estimated number of pages: Name and address of court reporter(s): 9. CUSTODY STATUS IN CRIMINAL APPEALS: Is the appellant in custody and serving a sentence imposed as a result of a conviction which is the subject of this appeal? ves If so, state the length of the sentence imposed. 18 months fail followed by 12 months community control 10. ISSUES: If this case involves the determination of the constitutionality of a statute, cite the statute involved. N/A Please state in short form the anticipated issues raised. For example, on criminal issues: denial of motion for judgment of acquittal, denial of motion to suppress evidence, error in sentence; on civil issues, award of alimony, error in valuation of assets for equitable distribution, error in determining contract damages; error in admission of hearsay at trial. Error in unsealing confidential federal non-prosecution agreement and addendum. 11. TYPE OF CASE: PLACE A CHECK BY THE MOST APPROPRIATE TYPE OF CASE: A. Civil 1. Domestic Relations - divorce, child custody, paternity or support 2. Child dependency 3. Adoption/Termination of Parental Rights 4. Professional Malpractice 5. Products Liability 6. Negligence 7. Contract or Indebtedness 8. Condominium - rules violations, developer suits 9. Foreclosure - mortgage, lien 10. Inmate Appeal - gain time, rule challenges, disciplinary action 11. Attorney's Fees 12. All others - specify 3 EFTA00233596 B. Criminal 1. Direct Appeal - judgment and sentence 2. Direct Appeal - sentence only 3. Direct Appeal - juvenile 4. Collateral Attack - (Rule 3.850 or habeas corpus) - judgment and sentence 5. Collateral Attack - (Rule 3.800, Rule 3.850 or habeas corpus) - sentence only 6. Collateral Attack - juvenile 7. Appeal by the State 8. All Others - specify unsealing of confidential federal non-prosecution agreement C. Administrative 1. Department of Professional Regulation 2. Unemployment Appeals Commission 3. Rule Challenge - specify agency 4. All others - specify Certificate of Service I certify that a copy hereof has been furnished by of July , 2009, to: See attached. mail this 6444.- day mail/hand delivery/fax ignaat i a."-A4a JANE KREUSLER-WALSH (Print Name) 4 EFTA00233597 2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT JANE KREUSLER-WALSH BARBARA J. COMPIANI LA..1111.171 JUI I ROBERT D. CRITTON MEE JACK A. GOLDBERGER Counselor petittoner EFTA00233598 2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) WILLIAM J. BERGER ounsel or non-party intervener, DEANNA K. SHULLMAN Counsel for non-party intervener, Palm Beach Newspapers d/b/a The Palm Beach Post SPENCER T. KUVIN Counsel for non-party intervener, B.B. JUDITH STEVENSON ARCO H Counsel for respondent, State of Florida JEFFREY H. SLOMAN EFTA00233599 3. INTERESTED PERSONS: Judith Stevenson Arco of State Attorney's Office--West Palm Beach (counsel for respondent, State of Florida) B.B. (non-party intervener) William J. Berger of Rothstein Rosenfeldt Adler (counsel for non-party intervener, E.W.) Honorable Jeffrey J. Colbath (circuit court judge) Barbara J. Compiani of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Robert D. Critton of Burman, Critton, Luttier & Coleman (counsel for petitioner) Jeffrey Epstein (petitioner) Jack A. Goldberger of Atterbury, Goldberger & Weiss, P.A. (counsel for petitioner) Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Spencer T. Kuvin of Leopold-Kuvin, P.A. (counsel for non-party intervener, B.B.) Honorable Kenneth A. Marra (judge, Southern District of Florida) Palm Beach Newspapers d/b/a The Palm Beach Post (non-party intervener) Deanna K. Shullman of Thomas, Locicero & Bralow, P.L. (counsel for non-party intervener, The Palm Beach Post) U.S. Attorney--southern Uistnct EFTA00233600 State of Florida (respondent) E.W. (non-party intervener) EFTA00233601 CERTIFICATE OF SERVICE ATTORNEY'S SOUTHERN DISTRICT JUDITH STEVENSON ARCO STATE ATTORNEY'S OFFICE 401 North Dixie Highway West Palm Beach, FL 33401 WILLIAM J. BERGER DEANNA K. SHULLMAN ROTHSTEIN ROSENFELDT ADLER THOMAS, LOCICERO & BRALOW, P.L. SPENCER T. KUVIN ROBERT D. CRITTON LEOPOLD-KUVIN, P.A. JACK A. GOLDBERGER ATTERBURY, GOLDBERGER & WEISS, P.A. BURMAN, CRITTON, LUTTIER & COLEMAN EFTA00233602 KREUSLER-WALSH, COMPIANI & VARGAS, P.A. , ES P0S/4 Zwee= awn ar Sam a r • S PITNEY DOWER, 02 1P 0004162054 JUL 08 2009 MAILED FROM ZIP CODE 33401 $ 000.61° 11111111 JEFFREY H. SLOMAN U.S. Attorney's Office-Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 S.S-14-45:623S '0023 11111111111111,111 11111,11,11i111t1111f11111lI 1111 EFTA00233603 Fourth District Court of Appeal 1525 Palm Beach Lakes Blvd. West Palm Beach, Florida 33401 (561)-242-2000 ACKNOWLEDGMENT OF NEW CASE DATE: July 1, 2009 STYLE: JEFFREY EPSTEIN 1. STATE OF FLORIDA 4DCA#: 4D09-2554 The Fourth District Court of Appeal has received the Petition reflecting a filing date of 7/1/09 The county of origin is Palm Beach. The Iowa tribunal case number provided is 200980;009381A The filing fee is Paid In Full - $300. Case Type: Certiorari Criminal The Fourth District Court of Appeal's case number must be utilized on all pleadings and correspondence filed in this cause. Moreover, ALL PLEADINGS SIGNED BY AN ATTORNEY MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER. Please review and comply with any handouts enclosed with this acknowledgment. RECEIPT JEFFREY EPSTEIN I. STATE OF FLORIDA 4DCA#: 4D09-2554 Receipt # R2009-1015476 Method of Payment: CK Check # 25986 PAYER: Jane Kreusler-Walsh Filing Fee: $300.00 Total: $300.00 EFTA00233604 cc: Barbara J. Compiani Jane Kreusler-Walsh Deanna K. Shullman Hon. Jeffrey J. Colbath Jack A. Goldberger State Attorney-P.B. Spencer T. Kuvin Robert D. Critton, Jr. U.S. Attomey'S Office William J. Berger EFTA00233605 DISTRICT COURT OF APPEAL FOURTH DISTRICT 1525 PALM BEACH LAKES BLVD. WEST PAUA BECK FLORIDA 33401 CK U.S. Attorney'S Office Southern District 500 South Australian Avenue Suite 400 West Palm Beach, FL 33401 4D09-2554 3340i-1-S23S )AmILAMH rr -J V:51 017H15532992 50.442 07101/2009 Mceled From 33401 O 0, .O EFTA00233606 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401 July 1, 2009 CASE NO.: 4D09-2554 L.T. No. : 20098CF009381A JEFFREY EPSTEIN STATE OF FLORIDA Appellant / Petitioner(s), Appellee / Respondent(s). BY ORDER OF THE COURT: ORDERED that the motion to file under seal is granted. ORDERED FURTHER that this court grants the Motion to Use One Appendix to Support the Emergency Petition for Writ of Certiorari and Emergency Motion to Review Denial of Stay. ORDERED FURTHER that this court grants petitioners Emergency Motion to Review the Order June 26, 2009, that denies the motion for stay. The June 25, 2009, order granting the motion to unseal is stayed pending further order of this court. ORDERED FURTHER that within ten (10) days of this order respondent shall show cause why the petition should not be granted. Respondent shall address this court's jurisdiction to review the order as well as the merits of the petition. ORDERED FURTHER that petitioner may have ten (10) days thereafter to reply. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Sharon R. Bock, Clerk Robert D. Critton, Jr. Deanna K. Shullman Hon. Jeffrey J. Colbath dl Barbara J. Compiani Jane Kreusler-Walsh Spencer T. Kuvin A anters StiSordelen ARILeYN BEUTTENMULLER, Clerk Fourth District Court of Appeal Jack A. Goldberger U.S. Attorney's Office William J. Berger EFTA00233607 DISTRICT COURT OF APPEAL Fougm Disna 1525 PMM BEACH LAKES DSO. WEST P ALIA BEACH, FLORIDA 33401 DL U.S. Attorney'S Office Southern District 500 South Australian Avenue Suite 400 West Palm Beach, FL 33401 " 4D09-2554 C17?-:15532992 K $0.44Q 07/0112009 NIZtle0 From 33/10 i US POSTAGE EFTA00233608 IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT OF FLORIDA CASE NO. 4D09-2554 JEFFREY EPSTEIN, Petitioner, VS. STATE OF FLORIDA, PALM BEACH NEWSPAPERS, INC., E.W., and B.B., Respondents. Pending in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case Nos. 2006 CF 9454AMB, 2008 CF 9381 AMB PALM BEACH NEWSPAPERS, INC. d/b/a THE PALM BEACH POSTS RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LoCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, Florida 33301 EFTA00233609 TABLE OF CONTENTS TABLE OF AUTHORITIES INTRODUCTION 1 JURISDICTION 2 NATURE OF THE RELIEF SOUGHT 2 STATEMENT OF THE CASE AND FACTS 3 SUMMARY OF THE ARGUMENT 7 ARGUMENT 8 I. STANDARD OF REVIEW. 8 II. THE TRIAL COURT CORRECTLY UNSEALED THE NPA. 8 A. The NPA was not Properly Sealed in the First Instance. 8 1. Closure of the Non-Prosecution Agreement Improperly Occurred without a Motion, Notice, Hearing, or a Proper Order. 11 2. Closure of the Addendum Improperly Occurred without any Procedures to Protect the Right of Access at all. 12 B. No Basis Exists for Current Closure of the Non-prosecution Agreement or Its Addendum. 13 1. Petitioner Cannot Identify a Rule 2.420(cX9) Interest that Warrants Closure. 16 2. The Federal Court's Decisions in Case No. 08-80736 (S.D. Fla. 2008) Did Not Preclude the Lower Court's Orders Unsealing the NPA. 19 3. Federal Rule of Criminal Procedure 6 Did Not Preclude the Lower Court's Orders Unsealing the NPA 21 CONCLUSION 25 CERTIFICATE OF SERVICE 26 EFTA00233610 TABLE OF AUTHORITIES Federal Cases Craig I Harney, 331 U.S. 367 (1947) 8 Doe,. Hammond 502 F. Supp. 2d 94 (D.D.C. 2007) 24 In re Grand Jury Investigation of Ven-Fuel, 441 F. Supp. 1299 (M.D. Fla. 1977) 23, 24 Lockhead Martin Corp. I. Boeing Co., 393 F. Supp. 2d 1276 (M.D. Fla. 2005) 23 Oregonian Publishing Co.'. United States District Court, 920 F.2d 1462 (9th Cir. 1990) 9 U.S. I Rosen, 471 F. Supp. 2d 651 (E.D. Va. 2007) 23 United States'. Kooistra, 796 F.3d 1390 (11th Cir. 1986) 9 State Cases Anderson I E.T., 862 So. 2d 839 (Fla. 4th DCA 2003) 8 Barron'. Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla. 1988) 10 Combs State 436 So. 2d 93 (Fla. 1983) 8 Doe I Museum of Science and History of Jacksonville. Inc., Case No. 92.32567, 1994 WL 741009 (Fla. 7th Jud. Cir. June 8, 1994) 17 Fla. Sugar Cane League. Inc. I Fla. Dept. of Envtl. Reg., Case No. 91-2108 (Fla. 2d Jud. Cir. Sept. 20, 1991) 22 Hous. Auth. of the City of Daytona Beach,. Gornillion, 639 So. 2d 117 (Fla. 5th DCA 1994) 21 In re Amendments to Florida Rule of Judicial Administration 2.420 954 So. 2d 16 (Fla. 2007) Sarasota Herald Tribune. Div. of the New York Times Co.'. Holtzendorf, 507 So. 2d 667(Fla. 2d DCA 1987) 9 Sarasota-Herald Tribune I State, 924 So. 2d 8 (Fla. 2d DCA 2006) 2 Sentinel Communications Co. I Watson, 615 So. 2d 768 (Fla. 5th DCA 1993) 9 Wallace I. Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997) 21 ii EFTA00233611 Other Authorities Fla. Const. Art. I, § 23 18 Fla. Const. Art. I, § 24 2 Fla. R. App. P. 9.100(d) 2 Fla. R. Jud. Admin. 2.420 18 iii EFTA00233612 INTRODUCTION This appeal concerns attempts to thwart public scrutiny of how government responded to the prostitution of children in Palm Beach County. In the order at issue below, the trial court correctly unsealed a non-prosecution agreement and its addendum. A predecessor judge found that the agreement significantly induced Petitioner to accept a plea agreement that allowed him to serve 18 months in jail for luring children to his Palm Beach mansion for "massages" or sexual activity. At the time that the non-prosecution agreement and its addendum (collectively "the NPA") were accepted for filing, no basis for closure was asserted or found. Thus, the NPA was not properly sealed, and the prior closure order was properly vacated. Moreover, no basis currently exists for closure, and the pending petition — like Petitioner's filings below — contain nothing more than unsubstantiated assertions that confidentiality is required. Thus, continued closure is not warranted. Certainly unsealing the documents was not such a clear departure from the essential requirements of law as to warrant certiorari relief. Consequently, the pending petition must be denied. In addition, this Court should exercise its inherent authority under Rule 9.410 of the Florida Rules of Appellate Procedure to sanction Petitioner for his frivolous and bad faith attempts to cloak the resolution of the criminal charges 1 EFTA00233613 against him in secrecy by awarding to Respondent, Palm Beach Newspapers, Inc. d/b/a The Palm Beach Post ("the Post") its attorneys' fees and costs in responding to this petition. JURISDICTION The Post adopts Respondent E.W.'s statement concerning jurisdiction. Insofar as this Court finds jurisdiction, the Post requests that this Court expedite its consideration of this matter, so as to remedy the denial to date of the public's and press's constitutional and common law rights of access. Art. I, § 24, Fla. Const.; Fla. R. App. P. 9.100(d); Sarasota-Herald Tribune'. State, 924 So. 2d 8, 11 (Fla. 2d DCA 2006) (rule 9.100(d) permits "expedited" review of orders excluding the press). NATURE OF THE RELIEF SOUGHT The Post asks this Court to deny the pending petition and to let stand the circuit court's Orders dated June 25, 2009 and June 26, 2009, which unsealed the NPA, and directed the Clerk of Court in and for the Fifteenth Judicial Circuit of Florida to release these records to the public.' Petitioner has sought review of the June 26, 2009 Order by motion rather than by petition for writ of certiorari. Though the June 26 Order does address the matter of Petitioner's request for stay, the order also directs the Clerk of Courts to release the records, review of which should have been sought by certiorari. 2 EFTA00233614 STATEMENT OF THE CASE AND FACTS This proceeding concerns the public's constitutional and common law rights of access to records crucial to the disposition of criminal charges against Petitioner Jeffrey Epstein. Specifically, Petitioner seeks review of two orders unsealing a non-prosecution agreement and its addendum (collectively the "NPA"), which are records of the trial court below. State I Epstein, Case Nos. 06 CF9454AMB, 08 CF938 1 AMB. Petitioner was investigated by the State of Florida for felony solicitation of children for prostitution. (A-7 at p. 3, I. 15 — p. 4,1. 4; A-8.) The victims allege Epstein brought and paid teenage girls to come to his home for sex and/or "massages." (A-11 at ¶ 6 and n. 1.) Epstein's minor victims are numerous (A-7 at p. 20, II. 13-18) and the case drew attention of the highest-ranking law enforcement officials in Palm Beach County. Frustrated during the course of the investigation, Police Chief even penned a letter to State Attorney Barry Krischer, calling his office's handling of the investigation "highly unusual" and suggesting that he disqualify himself from the case if the state would not act (A-11 at ¶ 6; A- 18 at p. 36,11. 7-142.) A federal investigation of Epstein's conduct as it relates to soliciting children for prostitution ensued. 2 References to "A-" are to Petitioner's Appendix. 3 EFTA00233615 Then abruptly, in June 2008, Epstein pleaded guilty in the trial court below to felony solicitation of minors for prostitution, was designated a Sexual Offender pursuant to Florida law, and was sentenced to 18-months jail and community control. (A-8.) Before accepting the terms of his state plea, Epstein entered into a non-prosecution agreement with federal prosecutors. (A-7 at p. 38,11. 9-18.) The non-prosecution agreement and its addendum were filed under seal in the lower court on July 2, 2008 and August 25, 2008, respectively.3 According to Epstein's lawyers (and presumably the NPA itself), taking the state plea was a condition of the NPA. (A-7 at p. 38,11. 13-18.) The NPA is invalidated if Epstein fails to fulfill the obligations of the state plea deal (A-7 at p. 38, 11. 22 - 25.) In accepting the state plea, the trial court viewed the NPA a "significant inducement in accepting" the plea and recognized that the NPA influenced the defendant to make the state plea. (A-7 at p. 39,11. 19-21; p. 40,11. 10-13.) In considering the plea at the hearing, the court requested a sealed copy of the non-prosecution agreement and asked whether Petitioner had signed it. (A-7 at 3 The NPA and its addendum were filed under seal in this Court on July 1, 2009. 4 The Post and its lawyers have not seen the NPA, though it was reviewed, in camera, by the trial court (A-19). 4 EFTA00233616 p. 40,11.4-6.) Epstein's lawyer indicated it was signed and interjected that he "would like to seal the copy." (A-7 at p. 40,11. 7-9.) Representatives from the U.S. Attorneys' Office were present at the hearing (A-7 at p. 39,11. 22-23) but stated no objection to filing the non-prosecution agreement in the state court file. Thereupon, without any further consideration, the trial court requested a sealed copy of the non-prosecution agreement. (A-7 at p. 40,11.9-10.) On July 2, 2008, without any further proceedings on the issue, the court entered an Agreed Order Sealing Document in Court File, which allowed Epstein to file the non-prosecution agreement that was attached to the Agreed Order under seal. (A-9.) By its terms, the closure order was limited to the non-prosecution agreement and did not include its addendum. The order makes no findings with respect to closure and never expires. (A-9.) The addendum was filed six weeks later, on August 25, 2008, without any further order of the Court with respect to closure. Since Epstein pleaded guilty to soliciting a minor for prostitution, he has been named in at least 12 civil lawsuits that — like the charges in this case — allege Epstein lured teenage girls to his Palm Beach mansion for sex and/or "massages." (A-1)5 At least 11 cases are pending. In another lawsuit, one of the Epstein's 5 See also A-11 at ¶ 6 (citing Doe I Epstein, Case No. 08-80069 (S.D. Fla. 2008); Doe No. 2 I Epstein, Case No. 08-80119 (S.D. Fla. 2008); Doe No. 3. Epstein, Case No. 08-80232 (S.D. Fla. 2008); Doe No. 4. I. Epstein, Case No. 08- (Footnote continued on next page) 5 EFTA00233617 accusers has alleged that federal prosecutors failed to consult with her regarding the disposition of possible charges against Epstein. (A-1; A-18 at p. 22,1. 20 — p. 23,1. 15.)6 Given the important public interest in this matter, on June 1, 2009, the Post moved to intervene below for the purpose of obtaining access to the NPA. The Court granted the Post's motion to intervene on June 10, 2009 (Supp.A.-1 at 1.)7 The trial court granted the Post's petition for access on June 25, 2009 (A-16, A-18) and on June 26, 2009 denied Epstein's motion for stay and directed the clerk to release the records at noon on Thursday, July 2, 2009. (A-17, A-19.) Epstein's emergency petition for writ of certiorari regarding the June 25, 2009 order and his emergency motion to review the June 26, 2009 order followed. 80380 (S.D. Fla. 2008); Doe No. 5 I Epstein, Case No. 08-80381 (S.D. Fla. 2008); C.M.A. I Epstein, Case No. 08-80811 (S.D. Fla. 2008); Doe I Epstein, Case No. 08-80893 (S.D. Fla. 2008); Doe No. 7 Epstein, Case No. 08-80993 (S.D. Fla. 2008); Doe No. 6 I Epstein, Case No. 08-80994 (S.D. Fla. 2008); Doe II I Epstein, Case No. 09-80469 (S.D. Fla. 2009); Doe No. 101 I Epstein, Case No. 09-80591 (S.D. Fla. 2009); Doe No. 102 I Epstein, Case No. 09-80656 (S.D. Fla. 2009); Doe No. 8 I Epstein, Case No. 09-80802 (S.D. Fla. 2009)). 6 See also (A-I I at 116) (citing In re: Jane Doe, Case No. 08-80736 (S.D. Fla. 2008)). 7 References to "Supp.A." correspond to the supplemental appendix filed by the Post simultaneous with this brief. 6 EFTA00233618 SUMMARY OF THE ARGUMENT Petitioner's initial filing of the NPA under seal was achieved without any regard for the public's constitutional, statutory and common law rights of access. Florida law flatly prohibits the standardless permanent closure that was achieved in this case. The public has a right to know what transpires in its courtrooms generally and in particular has an interest in understanding how the resolution of this highly unusual prosecution occurred. Moreover, no present basis for closure exists. Petitioner has not shown — and cannot show — that continued closure is proper. Instead, he has made conclusory assertions and relied on red herrings in attempting to keep the public from understanding how government responded to his solicitation of children to perform sex acts. The trial court, having reviewed the records in camera, saw through Petitioner's flimsy arguments. The trial court did not depart from the essential requirements of law in ordering the records unsealed. 7 EFTA00233619 ARGUMENT I. STANDARD OF REVIEW. The standard of review for a petition for writ of certiorari is whether the trial court departed from the essential requirements of law. See Combs State, 436 So. 2d 93, 95 (Fla. 1983); Anderson E.T., 862 So. 2d 839, 840 (Fla. 4th DCA 2003). II. THE TRIAL COURT CORRECTLY UNSEALED THE NPA. The NPA was neither properly sealed in the first instance nor is properly sealed at present. The trial court did not depart from the essential requirements of law in unsealing the records. A. The NPA was not Properly Sealed in the First Instance. The NPA — a significant inducement to Petitioner's acceptance of the plea — was accepted for filing under seal without any deference to the public's right of access to court records. Such standardless closure cannot withstand scrutiny. Florida has traditionally served as a model for open government and courts. It is well-settled in Florida that "[a] trial is a public event [and] [w]hat transpires in the court room is public property." Miami Herald Publ'g Co. I. Lewis, 426 So. 2d 1, 7 (Fla. 1982) (quoting Craig'. Harney, 331 U.S. 367, 376 (1947)). When considering a request to seal judicial records, this Court's "analysis must begin 8 EFTA00233620 with the proposition that all civil and criminal court proceedings are public events, records of court proceedings are public records and there is a strong presumption in favor of public access to such matters." Sentinel Communications Col. Watson, 615 So. 2d 768, 770 (Fla. 5th DCA 1993). Indeed, the people of this State added Article I, Section 24 to the Declaration of Rights in the Florida Constitution to make clear that the right of access to the records of all three branches of government is of constitutional magnitude. All citizens possess the right to "inspect or copy" such records. Plea agreements and related documents typically are public record. See Oregonian Publishing Co... United States District Court, 920 F.2d 1462, 1465 (9th Cir. 1990) ("plea agreements have typically been open to the public"); United States . Kooistra, 796 F.3d 1390, 1390-91 (11th Cir. 1986) (documents relating to defendant's change of plea and sentencing could be sealed only upon finding of a compelling interest that justified denial of public access). Florida law likewise recognizes a strong public right of access to documents a court considers in connection with sentencing. See Sarasota Herald Tribune, Div. of the New York Times Co. I. Holtzendorf, 507 So. 2d 667, 668 (Fla. 2d DCA 1987) ("While a judge may impose whatever legal sentence he chooses, if such sentence is based on a tangible proceeding or document, it is within the public domain unless otherwise 9 EFTA00233621 privileged."). Under Florida law, closure of judicial records is warranted only under very limited circumstances. In particular, the party seeking closure must demonstrate that: 1. restricting public access is necessary to prevent a serious and imminent threat to the administration of justice; 2. no alternatives, other than a change of venue, would protect the defendant's right to a fair trial; and 3. closure would be effective in protecting the rights of the accused, without being broader than necessary to accomplish this purpose. Miami Herald Publ'g Co. Lewis, 426 So. 2d 1, 6 (Fla. 1982). This test, as well as the standard announced in Barron I. Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla. 1988), was essentially codified in former Rule of Judicial Administration 2.051, now 2.420, which was applicable in both criminal and civil cases. Sarasota-Herald Tribune, 924 So. 2d at 11. In April 2007, the Florida Supreme Court adopted emergency amendments to Rule 2.420 in response to Florida media reports of hidden cases and secret dockets, a process that has come to be known as "super-sealing." In re Amendments to Florida Rule of Judicial Administration 2.420, 954 So. 2d 16 (Fla. 2007). In adopting the interim rule, the Florida Supreme Court confirmed its commitment to safeguarding the public's constitutional right of access to court 10 EFTA00233622 records, which the Court held "must remain inviolate." Id. at 17. By its terms, Rule 2.420 does not apply to criminal cases; however, later this year the Supreme Court will consider amendments to the rule that essentially seek to apply the standards applicable in civil cases to criminal ones. See In re Amendments to Florida Rule of Judicial Administration 2.420, Case No. 07-2050 (Fla. 2007). In the circuit below, however, the new Rule 2.420 procedures have been in effect since September 29, 2008. (Supp.A.-2.) In addition, the sealing of the NPA violated principles of Florida law established long before the amendments to Rule 2.420. Consequently, the unsealing of these documents was proper. 1. Closure of the Non-Prosecution Agreement Improperly Occurred without a Motion, Notice, Hearing, or a Proper Order. The non-prosecution agreement was sealed pursuant to an agreed order dated July 2, 2008 (A-9.) At the time, Fifteenth Judicial Circuit Administrative Order 2.032 applied to requests for closure of court records in the lower court. (Supp.A.-3.) The order requires a motion, notice, and a hearing, none of which occurred in this case. (Id. at Till — 3.) The order further provides that closure is proper only upon showing that the factors set forth in Lewis have been met (IL 4) and that "[t]he reasons supporting sealing the file must be stated with specificity in the order sealing the court record" (Id. at 115), neither of which occurred in this 11 EFTA00233623 case. Contrary to Petitioner's assertion (Petition at 13) neither this rule, nor the common law of Florida, nor the Florida constitution contemplates sua sponte closure of court records upon simple request of the Court or any party. Nor was the closure, in fact, sua sponte, as Epstein himself requested closure (A-7 at p. 40, 11. 7-9.) and admittedly filed the NPA in the court file under seal pursuant to an agreed order (A-18 at p. 11,11. 22-23). The agreed order (A-9) contains none of the findings required by Lewis or paragraph 5 of the Administrative Order. The closure order is invalid and was properly vacated. 2. Closure of the Addendum Improperly Occurred without any Procedures to Protect the Right of Access at all. With respect to the sealing of the addendum to the non-prosecution agreement, no procedures were put in place at all. The original non-prosecution agreement was attached to the July 2, 2008 agreed order, which allowed to be filed under seal the "attached document" only. (A-9.) It appears from the record that the addendum — which was not attached to the July 2, 2008 order but was filed six weeks later — was simply filed and accepted under seal without any order allowing for closure. Closure of the addendum was thus improper on that basis as well. The trial court properly unsealed these documents. 12 EFTA00233624 B. No Basis Exists for Current Closure of the Non-prosecution Agreement or Its Addendum. After the Post intervened, at a June 10, 2009 hearing on the issue of closure, the trial court asked Epstein's counsel about the Post's motion (A-11) specifically. Epstein's counsel replied: If the Post's position is the public has a right to acc — access this then there is a procedure in place and ultimately the Court has to conduct a hearing and do a balancing test where you look at whether there is some compelling government interest and that's going to require an evidentiary hearing. So I have no great objection to filing the Request for Closure and then having a hearing in front of the Court. (Supp.A.-1 at p. 3,1. 22— p. 4,1. 5.) Importantly, Petitioner's counsel did not assert that he had complied with these requirements, but that he would. The Court reset the hearing for June 25, 2009. Petitioner filed a Motion to Make Court Records Confidential (A-13) on June 11, 2009. In it, Epstein cited four reasons the NPA should remain under seal: 1. to prevent a serious and imminent threat to the administration of justices; 2. to protect a compelling government interest; 3. to avoid substantial injury to innocent 8 This assertion apparently has been abandoned by Petitioner, because his petition asserts that he has asserted three bases for confidentiality, and does not include this basis. Accordingly, it will not be addressed, except to make note of the fact that Epstein has not at any point in this proceeding identified a threat to the administration of justice, much less a serious and imminent threat. 13 EFTA00233625 third parties; and 4. to avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings sought to be closed. (A-13 at115.) The motion failed to explain how these interests were implicated, failed to address alternatives to closure, and failed to explain how closure would protect the interests. (A-13.) The lower court heard argument on June 25, 2009. The United States Attorneys' Office was provided notice of the hearing, but chose not to appear. (A- 18 at p. 7, II. 10-14.) In fact, the U.S. Attorney's Office has taken no position on this matter throughout the lower court proceedings and specifically informed counsel for E.W. that it had no position (A-18 at p. 7,11. 10-14.) At that hearing, the Court found that the proper procedures to initially seal the records were not followed and then heard argument from Epstein's counsel on his June 11, 2009 motion (A-13). Epstein's counsel consented to that procedure. (A-18 at p. 9,11. 16 -18.) The Judge held that neither the State, nor the U.S. Government, nor Epstein had shown why the NPA ought to remain confidential and ordered the records unsealed.9 (A-16.) 9 It is important to note that the State Attorney's Office appeared at the hearing for the limited purpose of objecting to the release of minor victim's names, which turned out to be a non-issue because the Court, having reviewed the documents in camera, determined that no victim's names were included in the documents (A-19 at p. 21,11. 14-19.) The federal government, as mentioned above, took no position (Footnote continued on next page) 14 EFTA00233626 The trial court did not depart from the essential requirements of law in unsealing the NPA. Administrative Order of the Fifteenth Judicial Circuit 2.303 applies to Petitioner's June 11, 2009 request to seal the records in this case. (Supp.A.-2.) That administrative order — consistent with Lewis and its progeny — applies Rule 2.420's standards to requests for closure of records in criminal proceedings in the Fifteenth Judicial Circuit. Any order authorizing closure must contain findings that one of the interests set forth in Rule of Judicial Administration 2.420(c)(9)(A) is met and that closure is no broader than necessary to protect that interest. (Supp.A.-2 at ¶ 4.); see also Lewis, 426 So. 2d at 3. Motions seeking closure must include a "signed certification by the party making the request that the motion is being made in good faith and is supported by a sound factual and legal basis." (Supp.A.-2 at11 1.) Epstein's initial oral request for closure failed to comply with the requirements of then-applicable law, and he has never presented a sound factual or legal basis for present closure. Consequently, unsealing the documents was fully consistent with the essential requirements of law. and did not appear at any of the hearings on this matter. Nor has either agency appealed the lower court's decision. 15 EFTA00233627 1. Petitioner Cannot Identify a Rule 2.420(c)(9) Interest that Warrants Clos