Text extracted via OCR from the original document. May contain errors from the scanning process.
17
1
THE COURT: That's a private
2
residence?
3
MR. GOLDBERGER: That is his home.
4
THE COURT: Does he own the
5
residence?
6
MR. GOLDBERGER: He does, Your Honor.
7
THE COURT: Is there any possibility
8
9
10
11
that he no longer owns the residence?
MR. GOLDBERGER: Not anticipated,
Your Honor.
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
EFTA00180735
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
6
8
9
10
11
12
13
approved activities restricts him to Palm
Beach County, is that correct?
PROBATION OFFICER: That is correct,
. Your Honor.
THE COURT: So let's be clear,
everything, from the day he walks out
occurs in Palm Beach County, is that clear?
MR. GOLDBERGER: We understand, Your
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
EFTA00180736
19
1
a.m., is that correct?
2
MS. BELOHLAVEK: Yes.
3
THE COURT: If the victim was under
4
5
6
age of 18 years which I gather is the case
because it's circled, you shall not live
within 1000 feet of a school, day care
7
center, park, playground or other place
8
9
10
11
where children regularly congregate.
Hai someone verified that 358 El
Brillo is such a place?
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
EFTA00180737
.4
1
regularly congregate?
20
r
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
EFTA00180738
21
1
2
3
4
messages through carrier pigeon, no
messages—through thi-rd parties, no—hey
would you tell so and so for me, no having
a friend, acquaintance or stranger approach
5
any of these victims with a message of any
6
7
8
9
10
11
12
sort from you, is that clear?
THE DEFENDANT: Yes, ma'am
THE COURT: And then it states,
unless approved by the victim, the
therapist and the sentencing court. Okay.
THE DEFENDANT: I understand.
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.
EFTA00180739
22
1
THE COURT: You did.
2
MR. GOLDBERGER: Thar's a mi-ift-alnr7TM
3
our part. Actually the statute that he is
4
pleading guilty to does not require the --
5
THE COURT: I understand that, but
6
you circled it.
7
MS. BELOHLAVEK: I apologize, that
8
one is not. He has already been in
9
treatment with a private psychiatrist.
10
THE COURT: Which you find to be an
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
EFTA00180740
23
1
with some fancy private psychiatrist or
2
psychologist—it—his—cese—is—eker?
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?
EFTA00180741
24 •
1
THE DEFENDANT: Yes, ma'am.
2
Mr — GOLDBERGER: Your- ROnOr,
1
J
r.
f
t
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
EFTA00180742
25
1
signed them thoroughly.
2
Uffless orneTWITM—TMlltrated in
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?
EFTA00180743
26
1
MS. BELOHLAVEK: They have the
2
obliWtion and iliTluded—in £here tor
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
3, 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
EFTA00180744
27
1
at a minimum one time a week.
2
netendant toatark—at—Elotida
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?
EFTA00180745
28
1
THE DEFENDANT: President.
THE—COURIL.
Is bhere a board of
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
EFTA00180746
I
29
1
basis with what they have been given money
2
t-o—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.
EFTA00180747
•
1
THE COURT: Okay.
30
2
MS. BC.LOHLAVhK: 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, ydu
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
EFTA00180748
31
1
be done within 48 hours?
2
You shall not obtain or use a post-
3
4
5
6
7
8
9
10
11
12
13
office box without prior approval of the
supervising officer.
Okay. Are all those conditions
you two have agreed to?
MS. BELOHLAVEK:
Yes, Your Honor.
MR. GOLDBERGER:
With the court's
amendments, yes.
THE COURT: Mr. Epstein, do you
understand?
THE DEFENDANT: Yes, ma'am.
THE COURT: I need the defendant to
14
sign number D where I had an a 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
EFTA00180749
••
1
you choose -- or defense and the State
32
2
together, why—twelve months in tlia—rT1m
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.
EFTA00180750
33
1
THE COURT: Do you understand you
2
will
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
EFTA00180751
34
1
he has to do is the official State of
2
FTUFtd
CITE?
t n?
3
4
5
MS. BELOHLAVEK: Correct.
THE COURT: Mr. Epstein, I need to
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.
EFTA00180752
35
1
THE COURT: And if my experience the
2
=Clew
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
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?
EFTA00180753
36
1
THE DEFENDANT: No, ma'am.
2
THE COURT:
NtstMlitry—CWRITig— a-nr--
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
EFTA00180754
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
EFTA00180755
38
1
on that, Your Honor?
2
3
4
5
6
THE—COURTT--rt is vb .:4
recorded.
MR. GOLDBERGER: That's fine.
THE COURT: Defendant needs to
approach as well.
7
(Whereupon, there was a conference at
8
9
10
11
the bench.)
MR. GOLDBERGER: The reason why I
asked to come sidebar, there is a
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
EFTA00180756
39
1
nonprosecution agreement --
2
Mt. BELOHLAVEXT--They spelt' all that
3
out.
4
THE COURT: Mr. Epstein needs to come
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 tof 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
EFTA00180757
40
O
1
agreement very carefully spelled out if
2-
- the-re- was- a- brea-ch- that- wontd- vtatate- ttl-s
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,
EFTA00180758
3
41
1
two years from now saying, oh no, no, they
bit me over CWC—ITUMd
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
EFTA00180759
•1
42
1
County also.
2
TffE—CUURT: r -find a surftflent
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
EFTA00180760
43
1
information will not be related to the
defendarbile—Wilrad
excTUNflety fdT
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
EFTA00180761
44
1
pursuant to it. I will adjudicate you
2
guirty—Uf—Telony 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,
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
EFTA00180762
45
I
to
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
felony?
MS. BELOHLAVEK:--Correttr—CAW—Mre
that designates him a sexual offender.
THE COURT: Okay. So only on case
number 08 CF 009381AMB will you be on one
year community control which would then
invoke a potential penalty of fifteen years
were you to violate.
The special conditions are that
you are to have no unsupervised contact
with minors and the supervising adult must
be approved by the Department of
Corrections. You are to be designated a
sexual offender pursuant to Florida Statute
943.0435 and you must abide by all
requirements of that statute which / have
read and we have discussed.
You will remain confined to your
residence except one half hour before and
after your approved employment, community
service work or other activities approved
by your probation officer. You will
maintain an hourly accounting of all your
activity on a daily log which you submit to
the supervising officer upon request.
EFTA00180763
46
1
You will be residing at 358 El
-
2
.
Brittv- Way, P'atm-'B•eac•h;— Florida-93-4-8-0.
3
Should you desire to move or go to a
4
different location upon release from
5
custody, you will get preapproval of that
6
location from the Department of
7
Corrections. You will have to contact your
8
community control officer a minimum of once
9
a week, it can be more often at their
10
discretion and you are to work at the
11
Florida Science Foundation at 250
12
Australian Avenue in West Palm Beach,
13
Florida. You will submit to a mandatory
14
curfew of 10 p.m. to 6 a.m.
15
You shall not live within a
16
thousand feet of a school, day care center,
17
park, playground or other place where
18
children congregate. You shall not have
19
any contact with the victims, directly or
20
indirectly including through a third person
21
unless approved by victim's therapist and
22
the sentencing court.
23
You shall not work for pay or as a
24
volunteer at any school, day care center
25
park, play ground, other place where
EFTA00180764
47
1
children may congregate. You shall not
/-)
2
view, own- or po'sses's- any-ob-stene
cz)
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
EFTA00180765
P.
JO
1
2
office box without the prior approval of
the—supervirsing—offiter.
48
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
EFTA00180766
49
1
paying it?
2
MR
G.O.LDB.ERGER•
Actually there is a__
5
3
4
5
cash bond posted, court cost can be
deducted from the cash bond.
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
EFTA00180767
.50
1
CERTIFICATE
2
3
4
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 49,
12
inclusive, represent a true and accurate
13
transcription of my stenonotes taken at said
14
proceedings.
. 15
'IN WITNESS WHEREOF, I have hereunto
16
affixed my official signature this 19th
day of
17
July, 2008.
18
19
20
21
PHYL S A. DAMES
22
23
24
25
EFTA00180768
"Tw
LEGAL
RECYCLED PAPER
Z.=
TO REORDER CALL 9546/49599
EFTA00180769
Name: Jeffrey E. Epstein
Plea: Guilty _1S
Case No.
Charge
Count Lesser
Decree
06CF009454AMB
Felony Solicitation of Prostitution
1
No
3 FEL
08CF009381AMB
Procuring Person Under 18 for Prostitution 1
No
2 FEL
PSI: Welved/Not Required X
Required/Requested
ADJUDICATION:
Adjudicate (x i
SENTENCE:
On 06CF009454AMB, the Defendant is sentenced to 12 months in the Palm Beach County
Detention Facility, 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 which 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
EFTA00180770
THE FOLLOWNG IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT'
Name: Jeffrey E. Epstein
Plea; Guilty A
Case No.
Chafe,
GoUnt LesEr
De Orel
013OF009454AMB
Felony Solicitation of Prostitution
1
No
3 FEL
08CF(1093131AMB
Procuring Person Under 18 for Prostitution 1
No
2 FEL
PSI: Waived/Not Required _K__
Required/Requested
AD4UpiCATION:
Adjudicate
SENTENCE:
On CX3CF009454AMB, the Defendant is sentenced to 12 months In the Palm Beach County
Detention Fatuity, with credit for 1 (one) day time served.
/we
y AC:1 -(j
On 08CF009381AMB,Ihe Defendant is sentenced to 6 months/1n the Palm Beach County
Detention Faclety, with credit for 1 (one) day time served. This 6 month sentence is to be
servedconeecutivelo the 12 month sentence in 06CF009454AMB. Following this 6
month sentence, the Defendant MA be paced on 12 months Community Control 1 (one).
The conditions of community control are attached hereto and incorporated herein.
M a special condition of his community control, the Defendant is to have no unsupervised
contact with minors, and the supervising adut must be approved by the Department of
Corrections.
The Defendant is designated as a Sexual Offender pursuantto Florida Statute 943.0435 and
must abide by a the corresponding requirements of the statute, a copy of which is attached
hereto and incorporated herein.
The Defendant must provkie a DNA sample in mid at the time of
Dat.ofpC°74
4•.;
EFTA00180771
I
• . •
, . •
'
F
948.101 Terms and conditions of community control and ciiininal quarantine community •
control.--
(1) The court shall determine the terms and conditions of community control. Conditions
specified in this subsection do not require oral pronouncement at the time of sentencing and
may bo considered standard conditions of community control.
(a) The Coln 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 agrood•upon residence during hours away from employment and public
service activities.
3. Mandatory public service.
4. Supervision by the Department of Corroctions by moons of an electronic monitoring davico
or system.
5. The standard conditions of probation set 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 present 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 on. 847.0145 to reside in another state if the order
stipulates that, ft is contingent upon the approval 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 es a condition of community control,
the period may not exceed 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 shall develop and administer a criminal quarantine community control program
erre:hating intensive supervision with 24-hour-per-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 bo ordered.
EFTA00180772
'943.0435 Sexual offenders required to register with the department penalty.--
(1) As used in this section, the term:
(a)t. -Sexual offender" means a person who moats the criteria In sub-subparagraph a., sub
subparagraph b., sub•subnaragraph 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. 717.01, 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, oxcluding s. 794.011(10); s.
794.05. s. 796.03. s, 796.035; s. 80104. s. 825.1025; s. 827.071. s. 847.0133. s. 847.0135,
excluding s. 847.0135(4); s. 847.0137; s. 847.011...5; s. 847.0145; or s. 985.701(1); or any similar
offense committed in this state which has boon redesignated from a former statute number to
one of those listed in this sub•sub-subparagraph; and
(II) Has 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-
.:uhparagraph (I), a sanction imposed in this state or in any other jurisdiction includes, but is
not limited to, a fine, probation, community control, parole conditional release, control
release, or incarceration in & 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 pnadator by a court of this state but who has bean 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 &sat 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 soya,: vision 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.
787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's
parent or gonfalon; s. 794.011 excluding a 794.011(10); s. 794.05; a. 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.
(147.0137; s. 847.0138; s. 547.0145; 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 whin the juvenile was 14 years
of age or older at the time of the offense:
(I) Section 794.011 excluding s. 79-4.011(10);
(II) Section 800.CM (4)(b) whore the victim is under 12 years of ago or where tho court finds
sexual activity by the use of force or coercion;
(III) Section 800.04(5)(c)1. whore the court finds molestation involving unclothed genitals; or
EFTA00180773
(IV) Section 800.64(5)(d) where the court finds the use of force or coercion and unclothed
genitals.
2. Por all qualifying offenses listed in sub-subparagraph (1)(a)1.d., the court shall make a
written finding of the ago of the offender at the time of the offense.
For each violation of a qualifying offense listed in this subsection, the cotrt shall make a
written finding of the ago of the victim at the time of the offense. For a violation of s.
500.0-4(4), the court shall additionally make a written finding indicating that the offerso did or
did not involve 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 involve the use of force or coercion.
(b) "Comictod" moans that there has boon a determination of guilt as a result of a trial or the
entry of a plea of guilty or polo contenders, reprdiass 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 Forces of the United States,
and includes a conviction or entry of a plea of guilty or nolo contenders resulting in a sanction
fn any state of the United States or other jurisdiction. A sanction indem, but k not limited
to, a fine, probation, community control, parole conditional release control release, or
Incarceration in a state prison, federal prison, private cotteclional facility, or local detention
(c) -Permanent residence' and 'temporary r
idence- have the same moaning ascribed in s.
775.21.
(d) 'institution of higher education' means a career cotter, community college, college, state
university, or independent postsecondary institution.
(e) 'Change in onroilment or employment status' means the commencement or termination of
enrollment or employment or a chernit in location of onrollmet or art:toy:bent.
(f) 'Electronic moil address" has the same meaning as provided ins. 668i. 602.
(g) 'instant message name' moans an identifier that allows e person to communicate in real
time with another person using the Internat.
(2) A sexual offender shall:
(a) Report in person at the sheriffs office:
1. In the county in which the offender establishes or maintains a permanent or temporary
residents: within 48 hours after:
a. Establishing permanent ur temporary residence in this state; or
b. Being 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 malty Whore ho or she was convicted within 48 hours after being convicted fora/
qualifying offense for registration under this section if the offender is not in the custody or
EFTA00180774
control of, or under the supervision of, the Department of Corroctions, or is not in the custody
Ma private correctional facility.
Any 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 parson at the sheriffs office, shall be accomplished
in the manner provided in subsections (4), (7), and (a).
(6) Provide his or her name, date 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 routs 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 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
residenffal address.
1. tf the sexual offender's place of residence is a motor vehicle, trailer, mobilo 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 manufacturers serial number; this name of the vessel, live-aboard vessel, or houseboat; the
fenestration 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% enrollment or employment status. Each change in
enrollment or employment stalls shalt be reported in person at tie 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 offender's enrollment or employment status.
When a sexual offender reports at the sheriffs office, the sheriff shall take a photogaph and a
sot 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, union a driver's tisane 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% license office
t
xal offender shall:
r
1
1
(a) If otherwise qualified, secure a Florid, driver's license, renew a Florida driver'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 the
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 for use by the department in maintaining current records of sexual offenders.
EFTA00180775
(e) Pay the costs anosted by the Department of htighway Safety and Motor Vehicles for issuing
Of renewing a driver's liceme or identification card as required by this section. 'rho driver's
license or identification card issued must bo in compliance with s. 322.141(3).
(c) Provide, upon request, any additional Information necessary to confirm the identity of the
sexual offender, including a sat of fingerprints.
(4)(a) Each time a sexual offender's driver's license or identification card is subject to renewal,
and, 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 temporary residence or change in the
offender's name 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 requirements specified in
subsection (3). The Departnieet. of Highway Safety and Motor Vehicles shall forward to the
department all photographs and information provided by sexual offends,' s. teotwithstanding the
restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles Is
authorized to release a reproduction of a colorthotograph or digital-image License to the
. Department of Law Enforcement for purposes of public notification of sexual ofhe
as
provided in this section and ss. 943.043 and 944;606.
(la) A sexual offender who vacates a permanent residence and fails to establish or maintain
another permanent or temporary residence shall, within 48 hours after vacating the permanent
residence, report in person to the sheriffs office of the aunty in which he or she is located.
The sexual offender shalt 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 faits
to establish or maintain a permanent or temporary residence.
(c) A sexual offender who remains at a permanent residence after reporting his or he- intent
to vacate such residence shall, within 48 hours after the date ieson which the offender
indicated he or she would or did vacate such residence, report in person to the agency to which
ho or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at
such residence. When 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 mport as required under this paragraph commits a felony of the second
degree, punishable as provided ins. 775.082 s. 775.083, or s. 775.06e.
(d) A sexual offender must register any electronic mail 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, es defined in
s. 775.21. A sexual 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 mary ier that is consistent with the 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 mat as a condition for the receipt of
federal funds by the gate. Local law enforcement agencies shall report to the department any
failure by a sexual offender to comply with registration requirements.
EFTA00180776
(7) A sexual offender who intends to establish residence in another stab or jurisdiction other
than the State of Florida shell report in person to the sheriff of the county of current residence
within 48 hours before the date ho 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 he department the
information received from the sexual offender. The department shall notify the statewide taw
enforcement stoney, or a comparable agency, In the intended state or jurisdiction of residence
of the sexual offender's intondod residence. The failure of a sexual offender to provide his or
her intended place of residence is punishable as provided in subsection (9).
(6) Asexual 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 shalt, within 46 hours
after the date upon which the sexual offender indicated ho 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 reports his or her intent to reside in
another state or jurisdiction but who remains in this state without reporting to the sheriff in
the manner required by this subsection commits a toter* of the second degree, punishable as
provided ins. 775.08_2, s. 775.063 ors. 775.084.
(9)(a) A sexual offonder who does not comply with the requirements of this section commits a
felony of the third degree, punishable as provided ins. 775.062, s. 775.083 or s. 775.064.
(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 sexual offender, °rale county in which the
•cOrrviCtiomoccurrodfortinoffonse or, offenses that meet the
for designatinga person
as asexual 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 on 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 constitutes grounds for a subsequent charge of failure to register. A sexual
offender charged with the crime of failure to register who assorts, or intends to assert, a lack
of notice of the duty to register as a defense to a charge of failure to register shall
immediately register as required by this section. A sexual offender who is charged with a
subsequent failure to negistor 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, tho 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 stied 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 reloasing the information. The presumption of good faith is not
overcome tf a technical or clerical error is made by the department, the Department of
Hignway Safety and. Motor Vehicles, the Department of Corrections, the Department of Juvenile
EFTA00180777
Justice, the personnel of those departments, or any individual or ontity acting at the request
or upon the direction of any of those departments in compiling or providing information, or if
information is incomplete or incorrect because a sexual offender falls to report or falsely
reports his or her current piece of permanent or temporary residence,
(11) Except as provided ins, 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 or has had a conviction set aside in a rxr;tconviction proceeding for any offense that
meets the criteria for classifying the parson as a sexual offender for purposes of registration.
However, a sexual offender:
(art Who has bean lawfully released from confinement, supervision, or sanction, whichever is
later, for at least 25 years and has not bean arrested for any felony or misdemeanor offense
since release, provided that the sexual offender's requirement to register was not based upon
an adult conviction:
a, For a violation of s. 787.01 or s, 787.02.
b. Fora violation of s. 754.011, excluding s. 794.011(10);
c. For a violation of s. 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;
d. For a violation of s. 800,04(5) (b);
e. For a Molation of s. 800,04(5)c.2. where the court finds the offense involved unclothed
genitals or genital area;
f. For any attempt or conspiracy to commit any suchaffenso; or
g. Fora violation of similar law of another jurisdiction,
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 grant or deny relief if the offerxier demonstrates to the court that he or she
has hot boon arrested for any crime since release; the requested relief complies with the
previsions 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 federal funds by the state; and the court
is otherwise satisfied that the offender is not a currant or potential threat to public safety. The
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 ovidonco 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 data at which the
sexual offender may again petition the court for relief, subject to the standards for relief
provided in this subsection.
3. The department shall remove an offender from classification as a sexual offender for
purposes of registration If tho offender provides to the department a certified copy of the
court's written findings or order that indicates that the offender is no longer required to
comply with the requirements for registration as a sexual offender.
•
EFTA00180778
(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 parson provides the department with an order issued
by the court 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
depertrnont that such designation, if not 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 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 °Crumb's 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 offumbs 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 further tho 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 tow 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 requirement: of this section, and, if known, the
wheroadsouts of the sexual offender;
(b) Harbors,, or attempts to harbor, or assists another person in 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 informatkin 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. 775.083 or s.
775.084.
(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 ho or the resides or is otherwise located to reregister.
(b) However, a sexual offender who Is required to register as a result of a conviction for:
1. Section 787.01 or s. 787.02 when the victim is a minor and the offender is not the victim's
parent or guardian;
EFTA00180779
2. Section 794.011, excluding s. 794.011(10);
34 Section 800.04(4)(b) where 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 DO
S(5)(b);'
•
5. Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals or
genital area;.
6. Section $00.04(5)c.2. where the court finds molestation involving unclothed genitals or
genital area;
7. Section $00,04(5)(d) whore the court finds the use°, force or coercion and unclothed
genitals or genital area;
11. 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 offenders birthday and wary third
month thereafter.
(c) The sheriffs office may determine the appropriate times and days for reporting by the
sexual offender, which shall be consistent with the reporting requirements of this subsection.
eeregistraton 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 cument 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 14) (d); date and place of any employment; lehicle 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. if the sexual offender is °replied, employed, or carrying on a vocation at an institution of
higher education in this state, the sexual offender shall also provide to the department the
name, address, and county of etch institution, including each campus attended, and the sexual
offender's enrollment or employment status.
3, If the sowed offender's place of residence is a motor vehicle, trailer, mobile home, or
manufactured home' as defined in chapter 320, the sexual offender shalt also provide the
vehicle identification number; the license tag number, the registration number; and a
if.
,
.
description, Including color scheme, of the motor vehicle, trailer, mobile home, or
• lit•
. •
manufactured home. tf the sexual offender's piece of residence is a vessel, live-aboard wiset,"
or houseboat, as defined in chapter 327, the sexual offender shall also provide the hull
'• 'i•
identification number; the manufacturer's serial number; the name of the wool, the-aboard
•
vessel, or houseboat; the registration number; and a description, including color scheme, of
•
the vessel, liw-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 addressverification correspondence from the department within 3
weeks of the data of the correspondence or who fails to report electronic mail addresses or
4
4
EFTA00180780
instant message names, commits a felony of the third degree, punishable as provided in s.
775.082 s. 775.081, 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 tho department in a manner prescribed by the
department.
•
1
EFTA00180781
25/2808 15:20
3553626
Caltud i Liam roc
Plaintiff
-VS-
Defendant
l'ALIA BEACH COUNTY
'
CASE NUMBER
• DIVISION
' DC NUMBER
•
. .. CIRCUIT NUMBER'
,12211=2211.12A2C2IMI
MCS ORLEY "W"
'
•
••
15-4/JAIL SPLIT
This cause claming before the Cottn to be beard, and you, the defendant, being now present before the oourt,: and you, .
haring
•
21 entered a pies of guilty to
K
been found sellty byJury verdlot of
K entered a pleaofnoto toetendere to
K
bog' (GUMS sulloy by the court trying the one without a jury of
County
PROCUREPERSON VNOER AGE OF 16 FOR MOBUTU. VON
Sirction 1: JUDGMENT OF GUILT
2I
Thecourt hereby adjudges you to be guilty of the show offearge).
Wow, therefore, it It ordered and adjudged that the imposition of sentence is busby withhold and that you be placed
on Probation I fora period of
under the SUPIral Ion of the Department of Corrections, sublime to Florida leer.
SECTION It ORDER WITHHOLDING ADJUDICATION
•
Now, therefore, it is ordered and adjudged that (be:updo/Mon of pile Is hereby widthekt and that you be placed on
Probation fora period of_ under the scpervisIon of the Dopartnont of Cortirodota eutdeot to Florida law.
SECTION 3r INCARCERATION DURING PORTION OF SUPERVISION 9ENTSPICE
It is hereby ordered and adJudpd that you br.
K
tacrislued to the Depsamont of Corrections
or
K
oontbed In the County Jell
fora term of
with Quilt for
Jail limo. Alter you have served,
of the tans, you aholl be placed on
Probation for pedod of
=der the suponieloft of the Department of Comet:ow, subject to Florida low.
or
IS
co:dined to the CountyJoll
bra term of pc fel MONTHS AS TO COUNT I FOLLOWED DY TWELVE (12) IYIONTHR
COMMUNITY CONUIQL I CONSECUTIVE TO THE (121 MONTH SENTENCE IN
CASE/ 1008CP00945AAMB with credit lb r
O.1,DAt jell limo, ae a special coeditton of
OUPOPlition.
Page I oil
111/NIPIIS !MOW
14 Sitinoo Ii3N313
blE310
}WanHS ,
Qs to we) I Z 1RP HOZ
a 3 11
•
rpm belied 03.16.01
EFTA00180782
11/25/2008 15:28
3553626
urtxwft unseurint.
I
tir
rfil3C.
oh/ CIO
38FPRBY EPSTEIN
CASEN5020011CF00938L90:304B
Tr /8 FURTHER ORbERlit, out you'ebaroompiy with the following aiandard 4ondldont of auogreletop as.proisided by Yfoilds.:
le*:
.
• .
. .
(I) Yeti will report to di mebatioi *Moe as directed. ,Not liter then the fifth day crotch mouth, unit, tothedWieedireoted, you will..
• make h tull end Uutherlteeort to your offioer on tbc fotni provided for that ;wpm.
(2) You at pay the S(Me bffibildit1;ianioUtif Of $521,&Qper Meath, äi well's 4Yeeumherge, toward the, post gyms': etwervialon
•
itorortlarioe with a .948,09,9,8,, union otherwise oxempted in compliance with Merida Statutes
.
(3) You will remain In a apeolflod pleat Yew will not ohange your residence or omploYmont or 'cave the county Olt Poor.roaisknoo
'
without first procuring thoromant of your oblate. •
•
(4) You will not pones', carry or own any firearm or weepoo, =lest authorized by the oourt.
(5) You will live without viohting the law. A oonvietion In a court of law shall not be nä:Sellipri for scab a violation ro constitute a
•
violation ofyour proboUonkommunity ooetro1 .
. .
(6) You will tot woolen whhany person copse d N any criminal solivity.
(7) You will not ties intoxiceng to excuse or ponces any drup or nerootlet tonne prescribed by a phystoien ,t4pr will you viol( ,
pimps where Intotbsets, dmga or other dangerous nib:unmet are tmlaWlbily sold, dimeaterlsor wed,
•
•
(8) You will work diligently at s laydni oeoupatlon, advise your employer of your probation new, and eupport any dependents to the
bon ofyour ablllty,se dinnedby your officer.
(9) You will promptly and trothAdly answer all Inquiries directed to you by the noun er Oro officer, and allow your officer to
lb.
your home, at your employment ells or chewing°, and you will comply with all Instroolione your officer may give you':
(I 0)You will pay readrution, court coals, and/or fees ta etoordanoe with medal condition: imposedor1n amniotic° with the attached
orders. •
(11)You will submit to random testing ea throated by your officer or the professional etaff of the treatment outer where he/she is
receiving tranotent ro determine the pro MOM of alcohol or illepl•drugs. You will bo required to pay for the tap unlace exempt
by the court.
(12)You wilt submit two biological specimens, as directed by your offloth for DNA analysla as pnrearibod to as, 943,32$ ond
948.014. P.S.
(13)You vill repors N pawn within 72 bows of your mien° from inouroaratleu to the probation eke In
OUCH County,
Monde, ulnas otherwite keno tod by the court or deportment (Th le *audition applies only If motion 1 on the previous page is
°beaked.) OthaniAre, you mun report immediately to the probation office located at lidimattratignigaz
1,417 WORT,' Itt, 3$461,
Page 2 of 8
Perin Revised 0348-08
EFTA00180783
11125/2088 15:28
3553626
,
UittlAJI I SA<IMINSAL
JEFFREY EPSTEIN
CASESSOTOMICF.009381AXXEMB
.
.
.
. . . .
.
„
.
. .
.
I, You mutt undergo a Drug and Alcohol evaluation and, If nostrum le deemed necasery, you must sucomefully complete
Ow treatment, and be mepopsible for the payment of any cone loomed while masking said evaluation alltrtilattaltillankilt
waived by the court"
'
• a • . ••
O. •
.
•
•
•
Additional histmotiorilorderedf
'
•• .
• •
.
.
. •
• .. .
•
•
• - ••
.. , . . .• ,.... , ... . .
.. . •
2. You will nuke matution tolbe followinivictini(s), se beitticE lit the doors, Mud the obligation !soak) in Erik •••-
• ••
• • .• ••• - •
NAME:
'
TOTAL AMOWIT; S____H
•
Addltlowd Instruedons ordered, inoludini outdo
•
Monthly maim% begin dim, due ditto, otiolot 14 several:. ; '''.• .:.:;•
.
roes=
von vo
NAME1
TOTAL AMOUNT; S
Additional ingructloos eidetic; Including specific monthlysmount, bogie date, due date, or„lotot lc month
0
S. You will emir We. Department of Corruptions Non-Secure thug Treatment Program or other residential ttettilltml
program/ProbstIon and Levitutioo Center for I period of Meadahl completion II approved by your °Elm You ate to
remain until you suocasElly cont.:dem said Proven mid Aftercam. You aro to comply with pit Rotes and Regulations of
•
the Program. You EMS be confined in the oeunlyJeri until placement in said progrem, and if you art confined in the Jail,
the Sheriff will transport you to said prognm.
0
4. You will abstain entirely from the use of aloohol and/or illegal dnigs, and you will not emulate with anyone who is
illegally using drugs or consuming alcohol.
K
3. You will submit to Urinalysis toting oat ThmiDly Wale to da.tormine the pretence of alcohol or illegal Mtge. You will
be required to psy for the tem unless exempt by the court,
O
6. You will not visit any ottablishment where the primary business is the tulle and dispensing of alcoholic beverages.
K
7. You will ettooessfully oompitc
haws of community advice at a rote of,
at a work alto approved by your
Meer.
Additional Insirtiodore ordered:
K
L You will remain at your ratitclocia between 10 p.m, and 6 a.m, due to nurfew Imposed unless otherwise directed by the
olnmt
K
9. You will submit to electronic monitories, follow the rules of elcononlo monitoring, and pay
pot month for the
cost of the moidtorint owlet, unless' *them/leo directed 1)1 the oiWit
K
l0, You will not stseelate with
during the period of auperulaion.
K
IL You will have no contact (diteot or indirect) with therlotIm or the victim's familyduring the period of supervision,
K
12. You wilt have no contact (direct or inditeot) with
during the period of nmovision.
O
IR You will maintain foil timo employment or attend ecboolMicutional school MI time or a sumbbstion of thheroYWOYX
during the term of your SuP0444104.
O
14, You will make e good faith effort toward completing baste or knotiona! Storer/ aldlls or a high school equivalency
diploma,
0
IS, You will suocessfully ample, the Probation di Resdntdon Program, abiding by all rule, and regulations,
s .
. •
•
.
Page 3 of11
Penn Revised 01-18.06
EFTA00180784
.
• .
lif 2b/ AMU
2 0: Ad
Jebel:lite
1,MLMINM.
rnIK 04:00
JEFFREY EPSTEIN
CASEH502008CP009381A7CCME
• "
,
•
• .
0
16. You will attend Moho/lea •Anottytioue osNamotlot Mammon meetings et least monthly, velem otheinglle grata s"
rl"•••• •
•
by the QM,
•
•
•
•
-• •
• .. .. .
•
17, You mut atm.:Dingy corMslele Amer Management, and be renionsible bar the payment of any coats tamed while •
•
receiving said nutmeat, unless waived. If convicted of a Domestic Violence °flange, Sts defined in e, 741.28,1.3n
. must 'nod end eucceetfUlly complete a blatant's intervention program,
othoMhe directed by the oonil;
• •
'
7:1
• m
•
Additions I leattuodoniMdored:
•
IS, You will ailed an HIV/AIDS Au/meows Prograniconeisting of a clan of not leo than IWC) (2) hours or more than SW
•
(4) boor. in length, the oast for whioh wi
mild by you,
:
• • •
t • • :
O
19, You than with your pereon:propemy, place of raidence, vehigle or personal effects to a wturentIon mob at any
time, by my probation or oommunity control officer or any law enforcement oftlottr.
t •
0
20, DEFENDANT MUST REGISTER AS A SEXUAL OFFENDER WITHIN 413 HOURS OF RELEASE
▪
21. ABA anon. cONDmON orals COMMUNITY CONTROL, THEDEFENDANT ISTO HAVENO.
•
. THE DEPARTMENT 07 CORRECTIONS
•• ,
.
.• • "
•
.
•
O
22. TMDEPENDANT IS DESIGNATED AS A SEXUAL OFFENDER PURSUANT TO FLORIDA STATUTE
'
943.05 AND MUST Astor BY ALL THE CORRESPONDING REQUIREMENTS OF THEETATUTE, A
COPY OF WHICH IS ATTACHED MET° AND INCORPORATED HEREIN
0
23, DEFENDANT MUST PROVIDE A DNA SAMPLE BV COURT AT THE TIME OF TR1S PLEA.
.
O
24. SPECIFIED CONTACT WITH THE PAROLE AND PROBATION OFFICER
•
O
25. CONFINEMENT TO AN AGREED-UPON RESIDENCE DURING HOURS AWAY FROM EMPLOYMENT
0
23, MANDATORY PUBLIC SERVICE
O
26.
•
27, ELECTRONICMONITORING 24 HOURS PEE DAY
.
K
0
2.8. CONFINEMENT TO A DESIGNATED RESIDENCE DURING DESIGNATED HOURS
AND, 17 PLACED ON /MUG OMNDER PROBATION, YOU WILL COMPLY WITH THE FOLLOWING CONDITION
(14)Yrnt will peitielpsts In opeciallzed dm beetroot program. eller et tut in" gdent or out Polka', egrocommondad by the
.
treatment provider. You will attend all counseling evasions, submit to random utinelpris god, If en Impsilent, you will amply
with all operating Mee, regulations and proocduras of the treatment facility. You wi Spay fbr all colt. eisochne &with vestment
aid voting unless otherwise directed,
Additional irotvotiong ordered:
(IS) You will remain at your reaidenee between
• p.m. gad
Am. duo to a curfew Imposed, unless otherwise
K
dimmed by the oourt,
AND, IF PLACED ON COMMUNITY CONTROL, YOU WILL COMPLY was THE FOLLOWING corn:P*O1ONa, IN
ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER Mem, corn:trams
PRO 4 of 8
Poem [Welled 0348-01
EFTA00180785
I
11/25/ 2008 15:28
3553626
WAWA I t2aMINPA.
OW CO
WPM EPSTEIN'
, . CASE#302008CF0093131AX10:103
. / •
•
• •
(I4)You will topoit to your Woof ie hoofed, it•lauf Onillini a Seek union you have written eorisentotheralus.
, . . . .......,, .
'
„ 's. e
(PS)You will remote confined to your approved reedonto inapt for one half bow before god after your approved employeeeely ..
. • —
.
•
r . ,...
•
•
• Public service work, or any °lb's. special ectivities epptoved by goer
.
..
• • -
•
-
••• • .-• • : .. ••416)You will releinioblen hourly accounting of all your 'olivine' one dolly log, which ymi-will submit to.yMarekfierto ginner&
.
"
•
'
•
: •
. •..._
1..
. ,
(17)You will suooessfully oomplato
bouts of oommunley rervice ate rue of_
el a WOrk aka approved by your officeet • . .
.Additional inttructiona ordered'
' • ' '• -
'
•
•
•
•• ..
. ..•
•
(IS) You will tubed% to electronic monitoring, follow die rules of alootronio monitoring, and pey 8
*mon,
.
0
for the cost of the mooltodng s 'Moe, onion othenvire directed by the court
•
.
'•
•
AND, IF PLACED ON pROBATION OR commirtoTY CONTROL FOR A BM OnegNSE PROVIDED IN CHAPTER
s. agog, D. pz7.0t(, or 8. d47,014p, comivacTRA ON OR AFTER OCTOBER 1.)pg YOU WILL COMPLY WITH
THE FOLLOWING rANDARD SEX OFFENDER CONDITIONS, IN:ADDITION TO THE STANDARD CONDITIONS
LISTED ABOVE AND ANY QUEER SPECIAL CONDITIONS ORDERED BY THE COIffit
(14)A mandatory ouribw horn 10 p.m to 6 stro, The court may designate. another $•hour period if the offendeee employment
precludes the above apsollkd titne, and the alternative la ratottweended by the Depannwat of Corroodorta tf'the aourldetenninee
that imposing a curfew would endanger the vlollni, the court may waddle sh;rnstivc tauctiona,
•
•
(15)1f the claim wee under the age of 18, a prohibition a: diving within 1,000 feet of a school, day oars *own per. playground. or
other piece where children togolarly congregate, as presoribed by the court Tbo 1,000-foot dbtanoo alull be measured. In a
straight line from the offbndaso place ofreeldonco to the twist boundary Sae of the school, day care center, park, playground, or
• other piece wham childterteongregate, The distance may trot be mount by a pedestrian route or automobile route.
(16)Aotive puttoipatten in and sumeasful completion of a sex offender tractor= program with qualified premitioners epeolfleally
trotted to trout sex Warder% at the offender's own expanse. If e qualified practitioner is not available width a 50-mile radio of
the offender' a resident, the offender shall participate in other appropriate thenspy.
(17)A prohibition on any comet with the viodm, distally or indirectly, including through a third Dorton, unless approved by the
victim, the offenderb thumb; end the sentencing court,
(18)1f the victim was under the ago of II, a prohibition on commit with a child under the age of It except as provided in this
paragraph. The cowl may approve attpervited oontaot with. a ohlid under the age of 18 if the approval is based upon s.
recommendatbn for COM tinted by a quellfted prooddoner who is teeing the ttoommeodation on a risk assessment. Purger,
the sox offender must be currently enrolled in or have auceestfidly completed a as offender thompy program. The court may not
•
ittruu evparviled cannot with a child If the contact is not recommended bye guinead practitioner and may deny supervised
contact Witte child at any the,
•
(19)If the victim was under age 18, a prohibition on working fbr pay or as a volunteer at any plate where dildrac regularly
aourigate, inoludlng, butnot limited to any school, day olio center, puk playground, pat store, library, goo,therne perk, or malt,
(20)1.1We'; othetwito indloatod is the treatment plan provided by the sexual offendor treatment program, a prohibition on Wowing,
Keening, owning, or poweseing anyobscene, pornographic, or sexually etimuladog visual or auditory wannial, including
telephone, electronic media computer program, or DOITTUter lit14001 that arc relevant to the offender's deviant behavior pattortt
(21)A requirement thet the *Roeder submit two spool:nem of blood or calor approved biological spool/none to the Florida Dap:Inman(
of Law Boforoamant to be regleterod with the DNA data bank, •
(22)A requiremont that the offender make tostiludon to the vietbst, av ordered by the °Owl under a 273.089, kr all :memory medioal
end rotated protauionel services relating to physloel, psychleuis, aadpsyckologlool care.
(13)Subroission to a warrentlest ouch by the community control or probation officer of the offender's person, residence, or vehicle,
Page 5 oft)
Form Revised 03•I LOS
EFTA00180786
•
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am LOJ an
Jan 44:
4OU3OLO
• .
•
,
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MINIM...In.
• ra••••
WWI vie
JEFFREY EPSTEIN
CASES502008CF00938JAMMB
•
•
,
EFFECTIVE FOR PROSATIONER•OR CpNlibluNrrx CONTROLLER WHOSE CEO WA1S CO~b
ON OE
••••••:.,
ASTER Octosu 1,297 AND WHO IS Pla•CED ON COMMUNITY CONTROL OR SEX OPPENIntil PROBATION
,•
• • •
POR A VIOLATION Olt CHAPTER/2g, a. nil I. I07.071, or 3.147.01 ea IN ADDITION TO ANY OTIdER,PROVISIO/l • •
.
ATSIOple • „
, • . .
3 •
,
•
(24) As pert of e boatmen( Program, partiiipialon ai•least annually in polygraph exuninarione to obtain InforMation weaeareary
•;* •
Management and toe tmen4 end to Sum the tosnfferidted denial inechentima -A polygraph examinalloWniiiet Si conducted bey
• • •••••.-.:
•
potYraphOr bleed speclIkelly to the use of the polygraph ibr the monitoring of sex offenders, whore available, and shell bin* .
e • ••••: .• •
by the sax offender.
.
.••
,
..• • .
(25)Meintarnanoo of! driving log and a prohibIllem ageing driving a motor volgolo alone without the prior approval of the sarpervielog
.
(26)A problbitlon against obtaining or using a poet office box without the pilot approval of the supervleing officer.
•
•
.
•
(27)1f there wee' eexual'emtieot, a suluntotioa to, it the offcmicre expense, an KW test with thereeults to be released to tho victim
• and/or Padden's piteDl or guaidleia••
. •
•
. , •
•
.
.
(28)Bleetrenia Monitorial 'When domed 'neceetuy by the probation omoer and eupervieor, end intern by the noun at
reeommeodatIon of the Department of COIToodont•
•
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•
(29) Effective It an affair whose crime war committed 000r after July 1,200; and who are placed on supervision (or
'violation of chapter 794,1,800:04, e• 827.071, dr a 847.0145,n prohibition on seeming the Internet or other computer ~vino
Until the Wonders sax offender treatment program, der a life amassment is completed, approves and Implements a safety plan
for Me *fetches modes or using the Intense; or Other Emily services. .•
•
(30)Effective for offenders when crime was committed on or after September 1,2001, there Is hemby [mimed, in addition to '
any other provision in !Memnon, mandatory electronic monitoring ass oonditIon of ruparvIttion tor those whoa
Äro placed on rupeninon for a violation ofohamet 794.e. 800,04(4), (5), or MI,. 827•071, ore, 847.0145 and the
unlawful textual activity Involved a victim IS yeas of age or younger and the °Murder Is IS years of ago or olden ir
•
As designated sit a texualprodator outman' to a, 775.21; or
•
Has proviously been centioted o f e violation of obaptor 794, s. 800.04(4), (5), or (6), a. 827.071, ors. 847,0145 sod the
unlawild Kauai ectialty Involved a vioilm 13 years °fag. or younger and the ofliander le 18 years of age or older,
You are hereby placed on notice that should you violate your probation or community control, and the condition; get forth In
a 948.963(1) or (2) are satisfied, whether your probation or community control is revoked or not revoked:1,r= stud I be placed on
talon* monitoring in accordsnoe with FS. 948,063.
•
• •
•
YOU ARE HEREBY PLACED ON NOTICE that tho *owl may at any time resolnd or modify any oftba oondltione Of Vow" •
probation, or may **tad the I:Mod ofprobadon at authorized by law, or may dlichatp you Dom funhor oupervielon. If you violate
any Mate condition: of your probation, you may be arrested and the court may revoke your probation, actludloate you guilty it
.
adjudication *taunt wee withheld, end impose any common that it might have imposed before placing you on probation or rialvito.
•
you to urn the balance of the tratonoc. .
•
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••
Page 6 of 8
Form Reviled 03.18.08 •
EFTA00180787
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JEFFRIN BPSTEIN
CASPASOUNC13009)81A.700:MB
•
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1T •Ifeterrlikli tailDSRID ihn( witlialoti.haglititsianitruehM ai hitha kondidom of yrobation, you ;Wal he, Dealte frort : :•.
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htlatadylf you
In outtody; and lt 9oti ere atibeiejrn band, the euretim thoken ‚bin stand ditobernd kom
erhk
patente applion oniy itscotIon I ortewen 2 it obeolted.)
.
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ir f8 PIklan ORDERED that theOlerk ofela °out fils this order in Ute Cletlet ofiko end pnrylk 4rtl0ed coyits ofebnino: •
•
•
the Aha kr WO to cornplionso with !botequermonte of law.
•
•
• •
DONZ ARD ORDIArD, on
,1• >>1•1
NUNC PRO TUNC 06.30.2003
caonden K. MoSorley, Circul
bete.
I «kmwittest rankt of a oopy ofthle ordet sed (lat tim *oral= har" be
lained tomt led f egna to tkido by them. .
Instructed byt
op/07.02.08
Superela& Moor
pbfeackt
jagt 7 of 8
Form Itovike 034 tiet
EFTA00180788
11/LO/Zdtlti
333
,a4g2
CASE(1302008CF009381A.XXX148
•
COURT °BMW PA'YMZIff$
•
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Total of fbi‚ ationed In sabino; munont to i. 775.08
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3 (1)(i) througb (g) or Chogter 316, F,S, ,
.
.• • • •
•
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Stalmorny mendoted 5% stachugehmt Ir gno tatated (on fint HM) punnuint to o 9.38,04,11.S. .
' .
tab — CrIMI Stoppen Trutt Pund purizonl b 3, 938,06(1), P.S. )5131y1orllo rtmcbtedif t fibe li Itannitd. ......... -1.0 . :
am• • 1..' • • • ••%1••• .•, • 1 • ..••
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MANIIATORY COSTA 13(41.f• CfogliS
Adbilonal moticoit for (clony atonio, puritan ro i. 938,05(1)(b, P,6,
'
•
Addillonal roni tort for mlidamanor or er:telna( Irino otten^ plant to a, 931.05.(I)(13) 4i' (4. P.B.
Crime' Compiniallon Troet Fund pomani lo i. 938.03(1), PÅ
• .
•
Coun ly trim. trovsnilott Rod pumom to 775.083(2), KS.
.
.
AddltIonsl Cent Coits Clearing Trut Fund purront to t. 930.01(1), P.S.
Pet mobb for mok monik of iumtvislon for Tronge:g Trust ned Autokary, pumbnl 03 e. 9.48.09,71.6,
3ILSBDAT9IIRY COSTS IN SPECIFIC TYPU OP CASES
• •
Rape CMII Program Trutt Fond, matuant to t, 938.083, PS, tar ny violetion3 of n.784.01.1, 784:021,784,03, 714.041, '
784.045, 784,018, 784.07,184.08, 384,081, 784.002, 714,083,784.015, or 794.011, ne.
. •
Domoble Wolinom Trott Fund, ponymi lo 938,08, KL formy ‚ brogom orli. 714.011, 784.021,784.03, 7841$1,784.04S,
784.041, 784,07, 784,08, 784.08 784,082,784.083, 784,085,794.011. IT sny orfom of Domoido Violetto dotorlbod lit
.
• . • '•
.
.
.
.
Gamla CrImie Auing tdInors, mmml lb I. 938.10(1), P.S. for my obl:done of s. 784.085, dugt« 187, c8 arm y94, tr,'
796.03, a 800.04, glupte, 827, s. 347.0145, or i. 985,701, FA,
Co" Parmami to a 938.07, r.s. for esy bol:Atoni of ø.316.193 os 327.35, P.5.
•
•
Stoa Agamy Law Bilfergen:sot Ro dlo kitom Tital Fund, pumom( to a 318.111(171, P.S. for my vlolallons of ottonom Seid
In 5.318.17 IncludIng u. 516./93.5,316.017, 316,051, 877.111pchmur 893, m316,193,516.192, 516,067, 316,072(3),
316.545(1), orany olbor grimm N obmiar 316 Web banlfied ti s odm nal obli:floa
. .• '• • "1 •
:
AtANonony COURT COSTBAUTHORIZSD BY LOCA L OOVERNMIUSTAL SNTIT1E$
as
0
L-L9.2
Crlognil denka Lduerition by Munldpilltlo, and C01111 liti, putioont to e. 931,13, P.S.
AdIntimt] mort onn for lon] me ulic:mani and ther county fundid programs purmiat to i. 939.185(1)(4, P.S.
Teie Coon pumom tor. 938.19(2), P.S.
DISCRETION4AT
Ø
Pta moro}, &dog Mo tone of mmervIelon lo Mo foll mang limnofit organization amblItInd for the solo purym of
supylomindes Oto rehebIllimlm grono of tho Dopirtmem of CorcetUati. mmmi lo s, 948.039(2) PS.:
UM
rubb Difinder ApplIntlon Fi If sot preolously otllootod or tobtod, mimt lo 27.52 ond o 938.29, P.8.
S
Ihblk !Mmd« Fis and CMI, Forsolol lo t 938.29. F.S. O P dalarmlud lossJI5.
829,5a
PromoutIonAnvoidgodve Ceeh, pursvont b a 938.27, P.S.
Otben
K Othte
DISCRATIONAIRY MOST< PnR storms«, TYPIS OP CIS FR
Cnoty Altohol and Orber brug ‚Sum Truet Fund, portulak lot. 933.21 ond
938.23. F.8. for vloldont of s. 216.193,
a856,01 a,156.015, or obloty 362, Motom 367, or Mimo? 561, P.S.
O $100.00
°wafli. Trutt Fond of tbo POLS, pamiem to 3.938.25, KS. flor golollotu oh, 893.13 afonia
'
TOTAL J gagl
PAYM SAT 113 TO BE MADE THROUGH AND PAYAO LE TO: ø Dcparimont of °imellom' or
O Cldrk of Conn
Of oolksbd by the Sametimom of Commdoni, 4 idrobitge ef4%xlll bo edded to ill paymoms ordored by the omal, pors-mot lo i, 945.91. P.8.)
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Courl CostifFln WWW
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Corts/PIncs In ilmasounl of
convoned to,
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212CIP1C MSTRUCT10>IS FOR PAYMENT:
Pap B ofl
Fonn Rov-Ned 03.18-08
EFTA00180789
•••••••••......
RECYCLED PAPER
TO REORDER CALL. 954446.9399
EFTA00180790
tr • :
(7,t...
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDIC j, suKr„,-------
UILWAD4GR-ME-M-BEACHTO
Y. f LORIDA
CASE NO.:
2006CF009454AXX
DIVISON:
Defendant.
NCI R &ea ORDERSEALING DOCUMENT IN COURT FILE
THIS MATTER came before the Honorable Judge Deborah Dale Pucillo on June 30,
2008 during a plea conference in the above-referenced case no ber. The Court being fully
apprised in the circumstances, it is hereby:
GC/u4'
ORDERED AND ADJUDGED that thttocument filed by the Defendant on July 2, 2008
be sealed by the Clerk in the court file.
DONE AND ORDERED in chambers, West Palm Beach, Palm Beach County, Florida
this P.?
day of July, 2008.
Circuit Court Judge
Copies forwarded to:
Jock A. Goldberger. Esq,
Counsel fur the Defendant
250 Australian Avenue South. Ste. 1400
West Palm Beach, Florida 33401
I.anna Belohlavek. Esq.
Assistant State Attorney
inicrotrico
$1\.•
PN?,
t
EFTA00180791
w••••••=iL
LEGAL 66lCLIDMI®
TO ..ONII CALL 951441.9399
EFTA00180792
)
•IFT-BENTH-JUDICAtel!R:CUli
vs.
Defendant.
Case Nos.2006-CF9454 AXX
2008-9381CF AXX
NONPARTY E.W.'S MOTION TO VACATE ORDER SEALING RECORDS AND
UNSEAL RECORDS
B.W., a nonparty, moves pursuant to the Rules of Judicial Administration Rule
2.420(d)(5) to vacate the order sealing records and unseal two documents in these film on
the following.grounds:
1. EW is a victim of sexual abuse by defendant who was convicted of procuring a
person under .18 for prostitution and felony solicitation of prostitution. See attached
judgments of conviction (Exhibit "A".) B.W. presently has a pending civil action in this
court against defendant for damages. Case number 502008CA028058XXXXMB AB.
2. On June 30, 2008 and August 25, 2008, this Court sealed two documents, a
non-prosecution agreement and an addendum to non-prosecution agreement.
See
attached copies of envelopes containing the sealed documents and also an Agreed Order
Sealing Document In Court File entered July 2, 2008 (Exhibit "B".)
3. The sealing of these documents was done without written motion required by
Rule 2.420(d)(I) or notice to the public, the media, the record newspaper and the victims
of defendant required by Rule 2.420(d)(2). The Agreed Order does not set forth the
EFTA00180793
•
•
grounds set forth in Rule 2.420(d)(3). The clerk of court did not post a copy of the notice
of the order as required by Rule 2.420(d)(4).
4. The sealing of these documents was also done contrary to the Administrative
Orders of this Court, AO 2.104, 2.032, 2.303 and 11.046.
5. The request to seal the first document was made orally at the plea hearing on
June 30, 2008. A copy of the relevant portion of the transcript is attached (see pages 38-
40) (Exhibit "C".)
6. It is against public policy for these documents to have been sealed and hidden
from public scrutiny. As a member of the public, B.W. has a right to have these
documents unsealed. Furthermore, these documents are relevant and material to B.W.'s
civil action against defendant. As stated in the plea colloquy, they were an inducement
for defendant to enter into his guilty pleas, They are proper objects of discovery.
However, unless they are unsealed, E.W. is unable to obtain them or utilize them in her
case.
7. Pursuant to Rule 2.420(dX5), the Court must hold a hearing on this motion in
open court.
WHEREFORE movant requests the Court vacate the order sealing records and
unseal the two documents.
CI
HEREBY CERTIFY that a true and correct cop.), of the foregoing has been served
I
U.S. Mad and Facsmile this ( klay of May, 2009 to: Jack Alan Goldberger, Esq.,
... . ----
Aiterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL
33401.
EFTA00180794
I
j
ROTHSTBIN ROSENFEStrATTLER
Attorneys for Plaintiff
401 Bast Las Olas Blvd., Suite 1650
Fort Lauderdale, Florida 33394
Telephone (954)522-3456
Telecopier (954) 527-8663
By:
Bradley J. Edwards
Florida Bar No. 542075
bcdwardsarra-law.com
William I. Berger
Florida Bar No. 197701
wberzerarra-law.com
3
EFTA00180795
I
I
I" N. %al Ultl/Flrh!)
•
Pt :INA:4y ••.r1• I •
•1
00 IV 1%*—
(A s? !
IN THE CRI‘IINAL an MON OF II J.,ecel r COLRT OF THE
FIFTEENTH
CIRC1 IT OF R.ORIDA.
NI
gels NV BE
5VAYY
I I
I I
011-wty
icitic)
ar
r
DA'It OP BIRTH
RACE
CIENUf.it
vil
COMNICNITY
CONTROL
'4 IOLA MR
PROBATION
IOLATOR
CFR 20080267322
OR SK 22760
PQ 'mai
RECORDED 07/17/2008 08:52130
Pala Beach County, Florida
Sharon R. Bock, CLERK & CORPTROLLE
Pg 1081; (log/
JUDGMENT
The shove Defendant twine ersonall before thls Conti re <rented
S.
id bej
ta
t"
/
I
)
HaN hog been KIM and found *Why of
the lc:Halving crIniels):
Hoeing enterod n plea of guilty to
the following crime(s):
(
)
Having entered a plea of nolo
contendere to the following
crime(s):
etlorne
COUNT'
( L
ci/
RIMbfreuti
Sio
(1,\,
OFFENSE ST,U
E NJ:SIC:fen:IL )
I
UEG HEE
and no cause having :Icon shown why the Decodcoi should mil he adjuthemed
yr is ORDERED THAT the Defendant Is hereh)
ADJUDICATED GUILTY' of the :those Miners I.
and lon ono bola Wilt toed nr found godly of. or hat lag enteral J plea nfoolneontocalere ow suolty.revahlless of nobinllention. to attempts or
often)* Mahn; to :.exonol !lottery cell. :oh Hod artd hocr.o•on conshoet
800,. or murder Ii - 42 04J. aggravated battery ($ 784 045o
burvle, is. RIO 02o. tail:lain 4 4 SI: I331. ur home moony MOW) It SO In'. 44( 'XI) other offsobe 'moiled in •ect(on 943.325. the
ikkiklani Jul' k resisted hi vamp: NOM' Ireell'Itfl•
I
ass: snsf...pc..ts•
•h•
IT N ORDERED ill ti
DICA run I ip
Instil.' I)
SEN
IR
ST11I•D
I i I'w(''mto Lerch!. •t.o..
othh..q0. I • r...:1• no( ‘entsobe
e.
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oa,,i,L,,p on
I I PI.J'illoulai'd.w
".• 'ohs.:
• .7.:ft...• •••
wog:sins ,./rral.24,...•
'et Perth on $r Nix° er.Hro
SEN I E\CE
OF.FERREL