EFTA01306528

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN CIVIL CASE NO.: 6P3D-41-156 GHISLAINE MAXWELL, Plaintiff, vs. ESTATE OF JEFFREY E. EPSTEIN. DARREN K. INDYKE, in his capacity as EXECUTOR OF THE ESTATE OF JEFFREY E. EPSTEIN, RICHARD D. KAHN, in his capacity as EXECUTOR OF THE ESTATE OF JEFFREY E. EPSTEIN, and NES. LLC, a New York Limited Liability Company, Defendants. ..... , : Mtn ithet4CS t."!..1.4%s: 181103 80111-AdI1S the ...:ale :.. •;Et, —r t NAIL It TI-1 IS jkcil119,:. i. i l's is an action thr indemnification /or and achancc:mcnt of the attorneys' lees. security costs. costs to rind safe accommodation. and all other expenses Niax%kell has reasonably incurred and will incur by reason of her prior employment relationship with Jeffrey E. Epstein ("Epstein") and his affiliated businesses in connection with any threatened, pending, or completed SDNY_GM_00324057 EFTA_00196891 EFTA01306528 CIVIL CASE NO.: Page 2 of 10 suit, proceeding, or investigation relating to Epstein, his affiliated businesses, and his alleged victims. PARTIES AND JURISDICTION 2. Plaintiff Ghislaine Maxwell is an adult citizen of the United States. 3. Jeffrey E. Epstein was a resident of the Virgin Islands. The Estate of Jeffrey E. Epstein was created following Epstein's death and is domiciled in the Virgin Islands. 4. Defendant Darren K. Indyke is an Executor of the Estate. 5. Defendant Richard D. Kahn is an Executor of the Estate. 6. Defendant NES, LLC. is a limited liability company organized under the laws of the State of New York on or about August 13. 1998. 7. This Coor has al.utter ptir.. rent ;0 4 \',f. 74. . ..IL; Ir. r.a.mckitioy. NEs L.( Ncy, qtrit::,,,w . JECIF ine.. and Li). 10. While uncle: '':ia.. res7):1;ibie for mane properties. including properties located in Nc•.. York. Paris. Florida. New Mexico and the U.S. Virgin Islands. I I. During the course of their relationship. including while Maxwell was in Epstein's employ. Epstein promised Maxwell that he %%cold support her financially. SDNY_GM_00324058 EFTA_00196892 EFTA01306529 CIVIL CASE NO.: Page 3 of 10 12. Epstein made these promises to Maxwell repeatedly, both in writing and in conversation. 13. Epstein restated these promises when Maxwell was in the process of leaving Epstein's employ to start a new business of her own. 14. Epstein assured Maxwell that even if her business ventures failed he would support her linaneially. IS. In approximately 200 I, Maxwell began transitioning to a more limited employment role for Epstein and his affiliated businesses. In approximately 2004, Maxwell received a typewritten letter from Epstein with a handwritten note asking NlamAell to remain in Epsteinls employ and promising that no matter what NiavAell chose to do. ;:pstein would always support \iaeo:ell '.'. zot-f •citle.rient cots et. I !• itti Met!. kansome against Epstein in 20:7 l..kna; Ma; t'. Einteia. er cd.. 7-0'406 19. Consistent with his repeated promises. Epstein also paid Maxwell's legal bills incurred in connection with a civil suit tiled by against Epstein in 2009. SDNY_GM_00324059 EFTA 00196893 EFTA01306530 CIVIL CASE NO.: Page 4 of 10 20. Epstein's promise is further evidenced by the fact that Epstein indemnified and advanced legal fees and expenses for a number of other employees in other various lawsuits relating to Epstein, his affiliated businesses, and his alleged victims. 21. Indyke, in his capacity as an Executor of the Estate, also made assurances to Maxwell that Maxwell's legal fees and obligations would be reimbursed by Epstein and the Estate, and that Maxwell's legal fees and expenses would be paid going forward. 22. lndyke told Maxwell that her legal fees would be paid because she would not have incurred any legal expenses but for Epstein's alleged misconduct. and that Epstein's promises mild be honored. 23. Epstein was found dead on August 10. 2019 in Nets York. 24. na Atly): 15. and 111,a1 NEKIH, !a:“ . Stti'; I 27. !clay...cll. is entitled to illi.l.n1;1111c;111.., ;Alai advanc‘anctt of cveihes incurred by reason of her employment relationship with Epstein and his affiliated businesses. including attorneys' fees. as well as security costs and costs of finding safe accommodation, all of which are ongoing. extensive. and directly related to the pending suits, proceedings. and investigations SDNY_GM_00324060 EFTA_00196894 EFTA01306531 CIVIL CASE NO.: Page 5 of 10 concerning Epstein's alleged misconduct. These expenses will be ongoing due to the extensive global coverage and interest in these events and proceedings. 28. By letter dated November 22, 2019. Maxwell submitted a claim to the Estate, addressed to lndyke and Kahn, requesting that the Estate honor its obligation to provide indemnification as requested in this action. 29. The Estate has not honored or even formally responded to Maxwell's claim. 30. Maxwell was compelled to file this Complaint because the Estate has not honored her claim for indemnification as requested in this action. 31. Given that Maxwell was forced to seek judicial intervention to vindicate her right to indemnification by the Estate, she is entitled to scorer the reasonable fees incurred in this action to :104 ...iglu. titttt inclent.'ll. N.V.', :. prit.r tnr,]Nloyinent rdaticinship ttith him and :ti:• 34. Nia,mell reasonably and justifiably relied on Epstein's promises and put her trust in Epstein that he would fulfill his promises. 35. As such. Maxwell elected to leave Epstein's employ to pursue her own business ventures because she trusted that Epstein would continue to support her financially. SOW GM_00324061 EFTA_00196895 EFTA01306532 CIVIL CASE NO.: Page 6 of 10 36. The Estate has failed to uphold Epstein's promise to indemnify and advance expenses incurred by reason of Maxwell's employment relationship with Epstein and his affiliated businesses. 37. Maxwell's reliance on the Estate's promises was a substantial factor in causing Maxwell harm as alleged herein. 38. For the foregoing reasons, Maxwell is entitled to indemnification and advancement from the Estate of expenses incurred by reason of her employment relationship with Epstein and his affiliated businesses. COUNT TWO Indeinidlication i Common Lim) 30. Plaintiff rep:nits zinc' rctillegec the foreip.,ing allz:tietions of this Complaint as though SDNY_GM_00324062 EFTA_00 II 96896 EFTA01306533 CIVIL CASE NO.: Page 7 of 10 42. The suits, proceedings, and/or investigations for which Maxwell seeks indemnification were instituted against Maxwell solely because she was an employee of Epstein and his affiliated businesses. 43. Maxwell incurred these legal fees and expenses as a direct result of Epstein's acts and/or omissions. 44. For the foregoing reasons. Maxwell is entitled to indemnification and advancement from the Estate of expenses incurred by reason of her employment relationship with Epstein and his affiliated businesses. COUNT THREE Indemnification ‘NES. LLC' and Other Entities 45. Plaintiff I.:p....0.s this C,anpiaini :is ;lad expenses b} reason of her emplo} mem relationship ”.ith NES. l..! 49. Upon information and belief. as of September 2006. Defendant Kahn was the Comptroller of NES, LLC. SDNY_GM_00324063 EFTA_00 II 96897 EFTA01306534 CIVIL CASE NO:. Page 8 of10 50. By letter dated November 22, 2019, Maxwell requested indemnification from NES, LLC for the legal fees, personal security costs, and other expenses incurred by reason of her employment relationship with NES, LLC, among other entities, and never received a response. 51. By the same letter dated November 22, 2019, Maxwell requested copies of documents setting forth applicable indemnification and/or advancement rights and policies, including any operating agreements for NES. LLC. and never received a response. 52. Maxwell was also employed by several of Epstein's other entities, including. but not limited to, the C.O.U.Q. Foundation, New York Strategy Group, JEGE LLC. JEGE Inc., and LSJ. LLC. 53. Upon inronnation and belief. the corporate organizational documents or these other ewhics .. . i.i..C: c.ith iTstein. tmct or a; entplo)ed. ith Nia:(‘‘Cil r.aS tali i s • • SDNY_GM_00324064 EFTA_00196898 EFTA01306535 CIVIL CASE NO.: Page 9 of 10 PRAYER FOR RELIEF WHEREFORE, Maxwell respectfully requests that this Court enter judgment in her favor and against the Estate and grant her the following relief: A. an Order declaring that Maxwell is entitled to indemnification and advancement from the Estate and/or NES, LLC the reasonable attorneys' fees and expenses she has incurred by reason of her employment relationship with Epstein, NES. LLC, and his other affiliated businesses. including attorneys' fees incurred in connection with any threatened, pending. or completed suit. proceeding. or investigation relating thereto, security costs and costs of finding safe accommodation incurred as a result thereof. and all other expenses Maxwell has reasonably incurred and will incur in the future by reason of her prior employment relationship n ith Epstein. NES. LLC, and his other al:Mixed !..atsincc,es: E. ail and liriti);: relief to this Court may them just and proper. erd It; SDNY_GM_00324065 EFTA_00 196899 EFTA01306536 CIVIL CASE NO.: Page 10 of 10 Dated: March 12 , 2020 QUINTAIROS, PRIETO, WOOD & BOYER, P.A. Attorneysfor Plaint 9300 S. Dadcland Blvd.. 4th Floor Miami, EL 33156 T: (340) 693-0230 F: (340) 693.0300 Kyle R. Walther Fcn .1. Bar No.: 1038 SDNY_GM_00324066 EFTA_00 196900 EFTA01306537