Case 9:09-cv-80469-KAM

Case 9:09-cv-80469-KAM Document 1 Entered on FLSD Docket 03/25/2009 1%85 D.C. ELECTRONIC • • UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Mar. 24, 2009 STEVEN M. LARIMORE CLERK U.S. GIST. CT. S.D. OF FLA. • MIAMI 09-80469-Civ-RYSKAMP/VITUNAC JANE DOE II ) CASE NO.: ) Plaintiff, ) ) vs. ) ) JEFFREY EPSTEIN, ) and ) ) Defendants. ) COMPLAINT 1. Plaintiff, JANE DOE II, hereby sues JEFFREY EPSTEIN and and states: JURISDICTION AND VENUE 2. This is an action for damages in excess of $75,000, exclusive of interests, costs and attorney's fees. 3. Venue is proper in this Court as all acts occurred in Palm Beach County and all parties reside and/or do business herein. PARTIES 4. Ms. DOE II is a natural person residing in Palm Beach County, Florida. During the events giving rise to this claim, she was a minor but has now reached majority. She files this suit under a pseudonym to protect her privacy because the acts alleged occurred while she was a minor. SCANNED of 5 EFTA00222808 09-71e 4fiaCividitYSKaAMPLIVITUNAGred on FLSD Docket 03/25/2009 Page 2 of 5 5. Defendant EPSTEIN is a natural person, who is an adult, and who resides and/or does business in Palm Beach County, Florida, and who committed the acts alleged within the jurisdiction of Palm Beach County, Florida, within the boundaries of the United States District Court in and for the Southern District of Florida. Defendant -is a natural person, who is an adult, believed to reside in the State of New York, but who committed the acts alleged within the jurisdiction of Palm Beach County, Florida, within the boundaries of the United States District Court in and for the Southern District of Florida. 6. Defendant EPSTEIN is believed to now be incarcerated in the Palm Beach County Jail for crimes committed that are related to and/or similar to the claims in this case. FACTS 7. Defendant EPSTEIN was, at all times relevant to this action, a part time resident of Palm Beach County, Florida. All acts complained of herein occurred at his estate residence in the Town of Palm Beach, Florida. 8. Defendant EPSTEIN has a history of enticing young women, who are minors (under 18 years of age), and soliciting them to engage in prostitution for his own sexual gratification. 9. Defendant EPSTEIN, in agreement with two (2) persons he employed for this purpose, nd Defendant, conspired with these other two, and others, to solicit young women of the type Defendant EPSTEIN preferred, blonde, attractive in appearance, and younger than 18 years of age, to provide 10. Defendants EPSTEIN an solicit young women for County. entered into a criminal conspiracy to including the Plaintiff, here in Palm Beach 2 015 2 EFTA00222809 09 t3e 4%CW+)ELYSKA MPLIVITU NAGred on FLSD Docket 03/25/2009 Page 3 of 5 11. From about June, 2003 until on or about February, 2005, Defendants EPSTEIN an persuaded, induced, or enticed the Plaintiff to come to Defendant EPSTEIN's home and provide Defendant EPSTEIN with "massages" which escalated into oetween Defendant EPSTEIN and the Plaintiff designed to fulfill his unnatural sexual desires for young women or even younger girls who were minors. These acts included Defendant EPSTEIN's request that he wanted the encounter to be like a Defendant EPSTEIN would script lines for the Plaintiff to say, including calling out his name and requestini each occasion after he Defendant EPSTEIN would pay the Plaintiff a fee of $200 on 12. Defendant EPSTEIN uring the time that Plaintiff was a minor, causing personal injury to her. 13. In violation of 18 U.S.C. §2422(b),Defendants EPSTEIN and knowingly persuaded, induced, or enticed the Plaintiff to engag( when the Plaintiff was under the age of 18, approximately on or about the following dates that Plaintiff can document based on payments received: 6/16/03, 7/2/03, 4/9/04, 6/7/04, 7/30/04, 8/30/04, 10/9/04, 10/12/04, 10/30/04 and 11/9/04. In addition, Plaintiff believes that there were as many as 10 to 20 other occasions during this time frame that Defendant EPSTEIN solicited her and procured her to that she was a minor. 3 all during the time 3015 EFTA00222810 Case 9:09-cv-80469-KAM Document 1 Entered on FLSD Docket 03/25/2009 Page 4 of 5 14. Plaintiff seeks damages for personal injury in accordance with 18 U.S.C. §2255(a) for each of the set forth above for which Defendants solicited her, $150,000 for each violation, for a total range of damages between $1.5 million dollars to $4.5 million dollars, jointly and severally, and a reasonable attorney's fees and costs, as permitted by the statute. 15. Defendant EPSTEIN has made an agreement with the United States Attorney's Office to not contest liability for claims brought exclusively pursuant to 18 U.S.C. §2255, in exchange for avoiding federal prosecution under 18 U.S.C. §2422(b), which provides a sentence of 10 years for each violation of the law. WHEREFORE, Plaintiff demands judgment in her favor, and a jury trial on all issues so triable as of right. Res fitted, BY: ISI CIA Flo No. 437883 GA CIA LAW FIRM, P.A. Date: 51 Isla 61 4 West Palm Beach, FL 33401 Telephone: Teleco ier• e-mail: @bellsouth.net EFTA00222811 09-8046970iMAISKAMPAMIEWNAC Entered on FLSD Docket 03/25/200 •JS I4-(Rev. 2)05) CIVIL COVER SHEET FILefitOR 5IbP5 D.C. ELECTRONIC The IS O4 eivi1eovcr,sheet and the information contained herein =ahem-plus qor wpplement the films and service of pleadings or other papasa, by local risks of court. This form, approved by the Judicial Conference of the UnikdS taus in September 1974, is required for the use of the Clark die civil docket ACP. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM,) NOTICE: Attorneys MUST Indicate All Raffled I. (a) PLAINTIFFS JANE DOE II (b) County of Residence of Fist Listed Plaintiff PALM BEACH (EXCEPT IN U.S. PLAINTIFF CASES) (C) Attorney's (Firm Nag. Address, and Telephone Number) GARCIA LAW FIRM, P.A. 224 DATUM STREETM SUITE 900 WEST PALM BEACH, FL 33401 OILER County Where AC0042 &DSC: C. MIAMI. DADE 3 MONROE DEFENDANTS JEFFREY EPSTEIN AND Mar. 24, 2009 STEVEN M. LARIMORE CLERK U.S. COST. CT. D. OF FLA. • MIAMI County of Rmidaxe of Mist Listed Defendant PALM BEACH (IN U.S PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES. USE THE LOCATION OF THE TRACT LAND INVOLVED. Attorneys (ItEmara) ROBERT D. CRITTON, ESQ. JACK A. GOLDBERGER, ESQ. 3 BROWARD PALM BEACH I MARTIN 3 ST. LUCIE 1 INDIAN RIVER n OKEECHOBEE HIGHLANDS O II. BASIS OF JURISDICTION maw a. - x- in one Boa Only) 0 I U.S. Gownygn 13 3 Egoist Geeing Phintiff (U.S. Government Not a Party) 0 2 US. Ogeneent 3 4 Dingy Dekagni Oedieste Chiumbip of mei m diem III of CV 45044q /nit OahI AT RE OF SU I in -v. One Bon AtE III. C TIZENSHIP OF PRINCIPAL PARTIESOnsce se - X- is Om Boa roe Pleistiff For Diversity Caw. Only) and One floe for Deegan° PTV DIP PTF DEW Clot a of This Slats 3 I 0 I Incorporated or Pnac pal Place 3 4 3 4 of Beggs In This Stare Cistern of Another Stan Chug or Steamer of • rwcir roam% 3 3 3 3 O 2 Incorporated and Porn mid Place I of Bogen la Anger Suer 3 3 Foreign Nation 1 6 5 3 6 l COSTRA( 1 TORTS lialiFelTYRE•PLNAITY BANKRUPTCY OTHER STATUTES I 3 110 Imamate PERSONAL INJURY PERSONAL INJURY 3 610 novalturc 3 422 Appeal 28 USC 158 3 100 Slate RdePP0H.Onme40 3 120 Market , PIO A ',tont 0 562 Persoaal Injury • 0 610 Other Food • Drop 0 433 Witlidnettal 7 410 Angelis' 3 130 Miller ACt 3 315 Aglard Pro4m1 Med. MagactIce 0 625 DNS Related Seizure 28 USC 157 3 410 Bodo and Bialoom 3 140 Meerut& Imiture du Egg, 0 365 Penang% lojery • of Property 21 USC III 0 450 Commerce 0 ISO Recovery of Otcrosymint 0 320 Assault Libel • Proilect Liability 0 630 Liquor Laws PROPERTY RIGHTS 0 460 Deporting A Emforcement of Mammy SI 0 )66 glutton Pangs' 3 NOR R. • Track 3 820 Cogolinti 0 470 Racketeer Influenced and 0 151 Medicare Ad 0 ale Federal EsigNyers* 'amity Product 0 650 Airline Rep. 0 830 Paint Comp Organ:ration 3 152 Recovery of Dashed Liability Llsbil.cy 0 660 Occapagnal 0 140 Tridents& 3 4/4 fontimeer Corgi Sake. Lomat 0340 Manse PERSONAL PROPERTY Safety/Heal& 0 490 Cable/Sat Tv (Ewl. Vegans, 3 345 Marine Preget 0 370 Other Fraud 0 690 Other 1 110 Seleante Strait 3 113 Recovery of OimPsYmeal Liebigy 3 371 Troth to Lenin j LABOR SOCIAL SECURITY 3 He Sectiritientowegetem o(Veteiso's Beaefes 3 )50 Motor Vehicle 0 )80 Other Personal 3 710 Fair Labor Suadards 0 $61 WA 0195E0 Enchant 0160 Stockholders' Suits 0 355 Motor Yank Property Damage Act 0861 Slack Leas (II]) 3 *73 easterner Challenge 3 190 Eger fang. I its Congo Product Liability Product Login, • 360 Other Personal 0 AS Properly Daman Product Liability 3 720 Laborthigery Relation tI 730 LeborlMgmL Ripening 080 DIV/C/DIM w (405(s)) 0 1164 3510 TM. XVI 3 12 USC 3410 EIN/Odier Statutory Actions 3 OM Franchise Injury • Discloser, Act 0 863 1511405(0) 3 091 Agricultural Acts REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 3 740 Railway Labor Act FEDERAL TAX SUITS 0 892 Leonean Subdue...a Act 3 210 Land Condemning 3 441 Voting n 510 Mega, to Vacate 3 790 Other Labor Lltipliera 3 170 Tun (V S Plaintiff 0 893 givegmental Matters 1 220 Foreclosure 0 442 Employment Smog 1 791 Empl. Ret. ac Seceri0 or Defendant) 3 ZVI Energy Allegation Act 1 2)0 Rem Lease A Ejectment 0 41) Housing, Act 0 Ill IRS —Third Party 0 $95 Freedom of Information net 3 240 Toni se Land Accommodations 3 5)0 Genteel 26 USC 7609 1 245 Tort PITON' Liability 3 444 Welfare 3 3)5 Death Penalty I the half wsTlnN 0 900 Appeal of lec Deteneinagn 3 290 All Other Real Property 445 Amer. wiDiesbdtims 3 Employ as 0 446 Amer willubilwies Other 0 440 Other Card ESNs 1 540 Meaclegis .6 Other 3 550 Civil R Wye I 553 Prison Coalition 462 Naivralizsmon 3 Applymieet , 463 Habeas Corpus-Ake. Detainee 465 Other Immesong 3 ACIOnt. 0 Under Equal Actem to Justice 950 Conitinganaley of Suit a. k turs7 V. ORIGIN r1 I Original Proceeding (Place s "X' N One Boa Daly) 7 2 Removed from 0 3 State Court Re-filed- (see VI below) VI. RELATED/Rk -Fll ED CASE(S). (See esigyikeis smog pap): 0 4 Reinstate:dor Reopened Multieisniet Litigation a) Re-filed Case 0 YES 0 NO b) Related Cases (It ES 0 NO JUDGE DOCKET NUMBER C :og -cv -Rea Gcr -Wien AppeaIto District 7 Judge Iran Meantime hnlccient Trans erred from Cl 5 another distnet O 6 (speci VII. CAUSE OF ACTION Cite the U.S. Civil Statute under whiCh you arc filing and Write a Brief Statement of Cause (Do mot cite jurIseilctIonal statutes units diversity): 18 U.S.C. §2422(b) LENGTH OF TRIAL vim days estimated (for both sides to try entire case) VIII. REQUESTED IN Cl CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 COMPLAINT: ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE IG EA EMAND S CHECK YES only if danai n complaint: JURY DEMAND: ens 7;,/ No EY OE RECORD DATE March 19, 2009 FOR 0 Fl E USE ONLY AMOUNT 0 1lLitECEIPT 8 -742c%cy,„ EFTA00222812