Case 9:08-cv-80804-KAM

Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Flietit0A ()MO D.C. ELECT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-80804-Civ-MARRA/JOHNSON CASE NO.: JANE DOE, a/k/a JANE DOE #1, Plaintiff, vs. JEFFREY EPSTEIN, HALEY ROBSON, and SARAH KELLEN, Defendants. NOTICE OF REMOVAL July 18, 2008 STEVEN M. LARIMORF CLERK D.S. DIST. CT. S.O. OF FLA. • MIAMI In accordance with 28 U.S.C. §§ 1441, 1446, and 1332(a)(1), the defendants, Jeffrey Epstein, hereby remove this action' from Palm Beach County Circuit Court to the United States District Court for the Southern District of Florida, and respectfully state as follows: Introduction Six months ago, this plaintiff filed virtually the identical lawsuit in this Court. See Jane Doe #1 v. Epstein, Case No. 08-cv-80069-KAM (S.D. Fla. filed Doe v. Epstein et at, Case No. 50 2008 CA 006596 XXXX MB (Fla. 15th Cir. Ct. filed Mar. 6, 2008). Lewis "Fein 1059 044.444vEleuf Skim 340, E0coRuT Good, Etas 33133 1 REM EFTA00234224 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 2 of 100 Jan. 24, 2008) (the "First Federal Action"). The First Federal Action named Jeffrey Epstein as the sole tortfeasor, made the identical operative allegations as the instant Amended Complaint, and demanded damages of $50 million. (The amount of the demand against Epstein is evidently the product of recent reports in the press that Epstein is wealthy.) The First Federal Action was quickly followed by a series of substantially identical "Jane Doe" lawsuits, all filed by the same attorney in a three-month span. Compare Jane Doe #1 v. Epstein, Case No. 08-cv-80069-KAM (S.D. Fla. filed Jan. 24, 2008), with Jane Doe #2 v. Epstein, No. 08-CV-80119-KAM (S.D. Fla. filed Feb. 6, 2008) (asserting identical causes of action based on the same operative allegations), Jane Doe #3 v. Epstein, No. 08-CV-80232-KAM (S.D. Fla. filed Mar. 5, 2008) (same), Jane Doe #4 v. Epstein, No. 08-CV-80380-KAM (S.D. Fla. filed Apr. 14, 2008) (same), and Jane Doe #5 v. Epstein, No. 08-80381-CV-KAM (S.D. Fla. filed Apr. 14. 2008) (same). On February 20, amid these filings, Jane Doe #1 was deposed in State of Florida v. Jeffrey Epstein, 502006CF009454AXXXMB (Fla. 15th Cir. Ct., filed Jul. 19, 2006), a parallel state-court criminal action. During that deposition, she made numerous admissions that completely undermined the allegations against Epstein that she had pled in her complaint. A copy of her deposition, with names 2 Lewis rein a 3059 Guts Avmue, Sum 340, Coccor4T Goovr,FICOUDA 33133 20t316 EFTA00234225 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 3 of 100 redacted, is attached hereto (Exhibit A). Two days later, counsel for Jane Doe #1 filed a notice of voluntary dismissal without prejudice in the First Federal Action. See Doe #1 v. Epstein, Case No. 08-CV-80069-KAM, DE 9. Two weeks later (March 6, 2008), having changed lawyers, Jane Doe #1 refiled her complaint in Florida Circuit Court as the instant case, adding two nominal defendants Mr. Epstein's personal secretary, and MB one of Jane Doe #1's contemporaries. These defendants have nothing to do with the plaintiffs case against Mr. Epstein, except that the presence oa as a defendant in this new case, because she is a citizen of Florida (Am. Compll 4), would ostensibly prevent complete diversity.2 As discussed below, however, was named in the refiled lawsuit only to destroy diversity jurisdiction, and to prevent any application of 18 § 3509(k), a mandatory stay provision applicable in federal court 2 2 Defendant Kellen is a citizen of New York (Am. Compl. ¶ 5), and is therefore a nonresident defendant for purposes of diversity jurisdiction and removal. 3 Section 3509(k) of Title 18, United States Code, provides as follows: It; at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court. 3 Lewis Tein 3 of 316 3059 GIUNO Ave Nue, Sum 340, COcoolur Giovi, hoop* 33133 EFTA00234226 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 4 of 100 besides having nothing to do with the substantive allegations of the plaintiff's $50,000,000 case, is a community-college student with no assets whatever. Even if this case purports to identify a new (and strategically nondiverse) tortfeasor, the reified lawsuit is still directed against only one defendant—Jeffrey Epstein. Then and now, the operative allegations are the same: Jane Doe alleges that Jeffrey Epstein assaulted her "in violation of Chapter 800 of the Florida Statutes."4 (Am. Compl. 1 18.) To sharpen her lawsuit, the plaintiff says she is seeking damages in connection with a "conspiracy" (Am. Compl. ¶ 22), a "plan" (Am. Compl. ¶ 32), a "scheme" (Am. Compl. ¶ 32), and an "enterprise" (Am. Compl. ¶ 32). These theories of liability, however, cannot be supported by the allegations in the Amended Complaint. Even if everything in the Amended Complaint were true, recovery against Haley Robson, under any formulation, is impossible under Florida law. Focusing on the real parties to this controversy, the instant case could have (once again) been brought here in federal court—just like the four other "Jane 18 U.S.C. § 3509(k) (emphasis added). Chapter 800, Florida Statutes, is entitled, "Lewdness; Indecent Exposure." 4 Levyfrttyin n 3059 Gus&Avow', Sun 340,030,0Ln Gaon. ilORIDA 33133 4.0316 EFTA00234227 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 5 of 100 Doe" lawsuits presently pending against Epstein, filed by this plaintiff's former lawyer. This case is properly removed to federal court, first, because there is complete diversity among the real parties-in-interest, second, because the amount in controversy exceeds $75,000, and third, because this Notice complies with the requirements of 28 U.S.C. § 1446. Discussion A. This case is properly removable because it falls within the original jurisdiction of the United States District Court for the Southern District of Florida. A state-court case is properly removable when "it could have been brought, originally, in a federal district court." Lincoln Prop. Co. v. Roche, 546 U.S. 81, 83 (2005) (citing 28 U.S.C. § 1441(a)). This case was originally filed in federal district court, and it is the same case today. Even though it was reconfigured to look like a state-court lawsuit, this action falls squarely within the bounds of the diversity-jurisdiction statute. See 28 U.S.C. § 1332(aX1) (establishing that federal district courts have original jurisdiction over cases where the amount in controversy [is more than $75,000] . . . and [when the controversy] is between citizens of different states"). 5 Lewis Tein n. 3059 Gump Ave mut Sulu 340, Cocorout Goon. haulm 33133 So1316 EFTA00234228 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07121:2008 Page 6 of 100 1. The amount in controversy in this action exceeds $75,000. This case is a duplicate of the First Federal Lawsuit. In that case, Jane Doe pled "damages in excess of $50 million." See Doe v. Epstein, No. 08-80069-KAM (S.D. Fla. filed Jan. 24, 2008) (Compl. 1 6). That allegation is now deleted and the Amended Complaint substitutes a generic prayer for relief.5 It is clear, however, that Jane Doe still seeks more than $75,000 in damages. This case, precisely like the First Federal Action, seeks damages in connection with an alleged assault. (Am. Compl. ¶¶ 16-19.) The Amended Complaint alleges that Jane Doe "has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological, and emotional damages." (Am. Compl. ¶ 19.) These are the identical injuries Jane Doe asserted in the First Federal Action, and are no less serious simply because pled under a state-court caption. Cf., e.g., Woods v. Southwest Airlines, Co., 523 F. Supp. 2d 812, 820 (N.D. III. 2007) (determining, in the context of diversity jurisdiction, that the $75,000 threshold had been satisfied, and "clearly [surpassed]," based on "the nature of the injuries alleged" in the complaint). 5 The Complaint seeks damages for "[more than] . . . $15,000." (Am. Compl. ¶ 6.) This boilerplate is routinely used in Florida pleading practice to trigger application of section 26.012, Florida Statutes, the statute that establishes the jurisdictional amount required for filing in Florida's Circuit Court (as opposed to County Court). 6 LestiCreinn. 3059 GUM° Avow'. Soul 340, COComut Gaovt, kouo• 33133 5 of 316 EFTA00234229 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 7 of 100 To cement this point, the Eleventh Circuit Court of Appeals has said that "[w]hen [a] complaint does not claim a specific amount of damages, removal from state court is proper if it is facially apparent from the complaint that the amount in controversy exceeds the jurisdictional requirement." Williams v. Best Buy Co., Inc., 269 F.3d 1316, 1319 (11th Cir. 2001). This case meets that standard, and satisfies the first prong of diversity jurisdiction. 2. There is complete diversity among the real parties to this controversy. Diversity jurisdiction requires complete diversity. Carden v. Arkoma Assocs., 494 U.S. 185, 187 (1990) ("Since its enactment, we have interpreted the diversity statute to require `complete diversity' of citizenship." (citing Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 267-68 (1806))). See also MacGinnitie v. Hobbs Group, LLC, 420 F.3d 1234, 1239 (1 1 th Cir. 2005) (stating that "[c]omplete diversity requires that no defendant in a diversity action be a citizen of the same state as any plaintiff"). As demonstrated below, this case satisfies the statutory requirement of complete diversity. (a) Plaintiff Jane Doe is a citizen of Florida. (Am. Compl. ¶ 1.) 6 Jane Doe may, in fact, be a citizen of Georgia. not Florida, as she pled in her Amended Complaint. See New York Post, Jul. 1, 2008 (reporting that "On his way into court [for his state-court guilty plea on June 30], Epstein was served with a copy of a lawsuit by Doe, who has since moved to another state."); Jane Doe Depo. at 77, 112 (indicating that 7 Lewis stein n. 3059 Gum Amax, hart 340, CocomO Gam Flora 33133 7 0 316 EFTA00234230 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 8 of 100 (b) Defendant Jeffrey Epstein is a citizen of the U.S. Virgin Islands! (c) Defendant Sarah Kellen is a citizen of New York. (Am. Compl. ¶ 5.) 3. Defendant was fraudulently joined to defeat diversity. "A non-diverse defendant who is fraudulently joined does not defeat diversity because his citizenship is excluded from the diversity calculus." Shenkar v. Money Warehouse, Inc., No. 07-20634-CIV, 2007 WL 3023531, at *1 (S.D. Fla. her twin sister lives with her mother in Georgia); Affidavit of Dawn LaVogue Sandberg, at ¶ 1(stating, "I am the mother and natural guardian for Jane Doe #1" with jurat executed in Georgia before a Georgia notary), DE 4-2, Jane Doe No. I v. Epstein, Case No. 08- 80069-Civ-Marra (1/29/08); Intervenor's Complaint, at ¶ 2 (filed by "Jane Doe's Mother" and stating that "Jane Doe's Mother is a citizen and resident of the State of Georgia."). DE 5-2, Jane Doe No. I v. Epstein, Case No. 08-80069-Civ-Marra (1/29/08); Petition for Removal of Disability of Non-Age, at ¶¶ 1, 2. 7 (filed "on behalf of S.D.G.." alleging that "The mother is Da[w]n Lavogue Sandberg, and her address is .... Ga.," and stating that - S.D.G. is also the unnamed party in a lawsuit filed by her father on her behalf in the U.S. District Court for the Southern District of Florida, Case No. 08-80069, which was filed without the consent of the mother"), In re Sandberg v. Gonzalez, Case No. 50 2008 DR 001141 (Palm Beach Co. Family Ct.) (1/31/08). If this turns out to be the case, there is complete diversity, regardless of Robson's citizenship. Although the Eleventh Circuit has recently indicated that a district court may not conduct jurisdictional discovery under such circumstances, another division of this Court has since allowed it. Compare Lowery v. Ala. Power Co., 483 F.3d 1184, 1215-16, 1221 (11th Cir. 2007) (holding that jurisdictional discovery to determine citizenship upon removal is inappropriate), with Calixto v. BASF Constr. Chemicals, LLC, slip op., Case No. 07-60077-CIV-ZLOCH, 2008 WL 1840717, *1 (S.D. Fla. Apr. 22, 2008) (ordering that parties "shall engage in jurisdictional discovery for the Court to determine the citizenship of BASF and whether it has subject-matter jurisdiction over this action"). The Amended Complaint erroneously states that Jeffrey Epstein is a citizen of New York. 8 Lewis "reins 3059 Gt.** Avt Nur, Sum 340. Cooaaul Gaov1, Rama 33133 Sof 316 EFTA00234231 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 9 of 100 Oct. 15, 2007) (Moreno, J.) (citing Riley v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 292 F.3d 1334, 1337 (11th Cir. 2002)); accord, e.g., Tedder v. F.M.C. Corp., 590 F.2d 115, 117 (5th Cir. 1979) (denying motion to remand where two resident defendants were joined for the fraudulent purpose of defeating federal jurisdiction). In this case, the plaintiff relies on her original allegations to support three causes of action against Haley Robson: civil conspiracy (Am. Compl. 920-23); Intentional Infliction of Emotional Distress (Am. Compl. ¶¶ 23-28); and civil RICO (Am. Compl. ¶¶ 29-34). These allegations, however, do not support these claims, or any other theory of liability that would allow recovery against CI Parks v. The New York Times Ca, 308 F.2d 474, 477 (5th Cir. 1962) (observing that "determination of fraudulent joinder is to be based on whether there was a real intention on colorable grounds to procure a joint judgment") (emphasis added).8 (a)Nonresident defendants have a right of removal. The removal statute was enacted specifically "to protect defendants." Legg v. Wyeth, 428 F.3d 1317, 1325 (11th Cir. 2005). Cf., e.g., Picquet v. Amoco Prod. Co., 513 F. Supp. 938, 941 (M.D. La. 1981) (explaining that courts developed the fraudulent-joinder doctrine to protect "the right [of removal] granted to 8 In Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en bane), the Eleventh Circuit Court of Appeals adopted as binding precedent all decisions of the former Fifth Circuit rendered prior to October I, 1981. 9 Lewis Tein n. 3059 GRAND AVINUI. Suits 340, Cocoma Won, CIORIOA 33133 9o33,6 EFTA00234232 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 10 of 100 [defendants] by . . . Congress"). In this case, by reconstituting her original federal lawsuit and refiling it in state Court, the plaintiff has clearly sought to avoid the strictures of the mandatory stay of this case that federal law requires under 18 U.S.C. § 3509(k).9 In federal court, pursuant to 18 U.S.C. § 3509(k), this action must be automatically stayed pending final disposition of an ongoing parallel criminal action against Mr. Epstein. See 18 U.S.C. § 3509(k) (providing that a parallel civil 9 By filing in state court, the plaintiff's attorney has also evidently sought to avoid the clear command of our local rules forbidding public comment about the merits of a pending lawsuit. Compare S.D. Fla. Local Rule 77.2(7) (-A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a fair trial and which relates to (a) Evidence regarding the occurrence or transaction involved. (b) The character . . . of a party . . (d) The lawyer's opinion as to the merits of the claims . . . ."), with Ricci—Leopold Home Page, http:// www.riccilaw.com (click on "Breaking News," then access the hyperlink entitled, 03/13/08 - Consumer Justice Attorney Ted Leopold Files Case to aid Jane Doe in seeking justice against sexual predator Jeffrey Epstein and his associates. ) (describing character of party defendant Epstein as a "sexual predator" (a term defined by Florida criminal statutes) and quoting the plaintiff's attorney "Ted Leopold, managing partner" as characterizing Epstein as "an extremely powerful and wealthy man," with "vast resources," who acted "in the vilest way" at his "lavish mansion" with "lurid fantasies" and inflicting "untold damage," and opining that he should "be held accountable;" also quoting the plaintiff's attorney as opining that "[t]his case is both about justice and making sure that a wealthy and powerful man knows that he is not above the law;" also quoting the plaintiff's attorney's view of the evidence that plaintiff "continues to endure emotional trauma daily") (Web site last visited July 17, 2008). 10 Lewis Tein PI • 3033 Gasuo Amyl. Surer 340, CIXONUT G4ovr, kola 33133 10 04319 EFTA00234233 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 11 of 100 action arising from an alleged sexual assault of a minor "shall be stayed until the end of all phases of [any] criminal action") (emphasis added). In this case, there is a parallel federal criminal grand jury action pending in the Southern District of Florida, In re Grand Jury, No. FGJ 07-103(WPB) (S.D. Fla.), which arises out of the same allegations pled here. Thus, in resorting to fraudulent joinder, the plaintiff has sought to avoid any application of this otherwise controlling statute. Cf. Doe v. Francis, No. 5:03 CV 260 MCR/WCS, 2005 WL 517847, at *1-2 (N.D. Fla. Feb. 10, 2005) (staying civil diversity action over plaintiffs' objections on grounds that "the language of 18 U.S.C. § 3509(k) is clear that a stay is required in a case . . . where a parallel criminal action is pending which arises from the same occurrence involving minor victims") (emphasis added). Even outside the context of a mandatory federal statute, "the Supreme Court [has] admonished [that] `the Federal courts should not sanction devices intended to prevent a removal to a Federal court where one has that right, and should be equally vigilant to protect the right to proceed in the Federal court.'" Lea, 428 F.3d at 1325 (citing Wecker v. Nat'l Enameling & Stamping Co., 204 U.S. 176, 186 (1907)). See also id. (observing that "Congress `did not extend [to defendants a right of removal] with one hand, and with the other give plaintiffs a bag of tricks I I Lewis fl ing-I. 3059 GaAs° Avt htn, SLAT, 340. COCCALIT G,ovr, Fiona 33133 31 of 318 EFTA00234234 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 12 of 100 to overcome it"' (quoting McKinney v. Bd. of Trustees of Maryland Cmty. Coll.. 955 F.2d 924, 928 (4th Cir. 1992))). To protect a nonresident defendant's right of removal, a federal court will "determine the matter of jurisdiction" by examining "the true situation both as to parties and causes of action." Bernblum v. Travelers' Inc. Co., 9 F. Supp. 34, 35 (W.D. Mo. 1934) (emphasis added). See also id. (observing that "[t]he federal courts will . . . strike out the fiction injected into a case by a party to prevent removal"). In accordance with these principles, a plaintiff cannot destroy diversity jurisdiction simply by conjuring up a nondiverse defendant; there must be at least some "possibility that the state law might impose liability on [the nondiverse] defendant under the circumstances alleged in the complaint." Florence v. Crescent Res., LLC, 484 F.3d 1293, 1299 (11th Cir. 2007) (citations omitted). See also, Holloway v. Morrow, No. 07-0839-WS-M, 2008 WL 401305, at *5 (S.D. Ala. Feb. 11, 2008) (emphasizing that "ItJhe potential for legal liability must be reasonable, not merely theoretical" (quoting Legg v. Wyeth, 428 F.3d 1317, 1325 n.5 (11th Cir. 2005))) (emphasis added). In this case, the plaintiffs have tried to whip Jane Doe's original, one- defendant complaint into a froth that looks non-federal. Cf. Owens v. Swan, 962 F. Supp. 1436, 1439 (D. Utah 1997) (noting that "although plaintiffs' amended 12 Levyk:Ctin M. 3059 GweAvanur,SUOTE 340, Coormul Glow, flOOICIA 33133 12 04 316 EFTA00234235 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 13 of 100 complaint contains four claims for relief, the first and second claims state only one cause of action") (emphasis added). Using her original allegations and adding nothing, Jane Doe has tried to add claims against for civil conspiracy (Am. Compl. ¶1 20-23), Intentional Infliction of Emotional Distress (Am. Compl. ¶¶ 24-28), and civil RICO (Compl. ¶9 29-34) in order to append a nondiverse defendant to her Complaint. These claims, however, are untenable under Jane Doe's own allegations, and therefore cannot be used to destroy diversity jurisdiction. (b) There is no ssibili that the plaintiff can establish a cause of action agains under Florida law. (i) The conspiracy claim against must fail. As a general rule, "[a]n actionable conspiracy [under Florida law] requires an actionable underlying tort or wrong." Wright v. Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984) (citations omitted) (emphasis added).1° 10 This case is governed by the general rule. Cf. Churruca v. Miami Jai-Alai, Inc., 353 So. 2d 547,550 (Fla. 1977) (noting that while there is "ordinarily . . . no independent tort for conspiracy," there is a narrow exception to this rule when "the plaintiff can show some peculiar power of coercion possessed by the conspirators by virtue of their combination") (emphasis added). See generally Liappas v. Augoustis, 47 So. 2d 582,583 (Fla. 1950) (observing that "'instances of conspiracy which is in itself an independent tort are rare and should be added to with caution" (quoting Fleming v. Dane, 22 N.E.2d 609, 611, (Mass. 1939))) (emphasis added). Plainly, this case involves the general rule, not the narrow exception, because only one person could have caused Jane Doe's injuries. CI Martin v. Marlin, 529 So. 2d 1174, 1179 (Fla. 3d DCA 1988) (upholding 13 Lewis Tann. 3059 Gomainwtkvi, Sun 340, (WONT G.ovejtam 33133 13 Of S16 EFTA00234236 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 14 of 100 Here, Jane Doe cannot assert a cause of action for "violation of Chapter 800, Florida Statutes" (Am. Compl. ¶ 18) because there is no private right of action under that Chapter. See generally Am. Home Assurance Co. v. Plaza Materials Corp., 908 So. 2d 360, 374 (Fla. 2005) (observing that "not every statutory violation carries a civil remedy" (citing Villazon v. Prudential Health Care Plan, Inc.. 843 So. 2d 842, 852 (Fla. 2003))). See also, e.g., Miami Herald Publ'g Co. v. Ferre, 636 F. Stipp. 970 (S.D. Fla. 1985) (King, C.J.) (holding that violation of Florida's criminal extortion statute does not give rise to a civil cause of action for damages); Mantooth v. Richards, 557 So. 2d 646, 646 (Fla. 4th DCA 1990) (per curiam) (affirming dismissal of plaintiff's claim for parental kidnapping where "the mentioned statutes concern only criminal violations and do not afford a civil remedy") (citation omitted) (emphasis added); Wright v. Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984) (holding that "[a]n act which does not constitute a basis for a cause of action against one person cannot be made the basis for a civil action for conspiracy"). In this case, Jane Doe's claim under Count II (civil conspiracy) fails because it derives exclusively from Count I (violation of Chapter 800, Florida Statutes). Cf grant of summary judgment against claim for independent conspiracy, noting that -[w]hen the concerted acts of the defendants do not create a greater harm than if the acts were committed by one person alone. then there can be no recovery"). 14 Lewis Minn. 3059 Gam° Aviliut, Sum 340, Oxciran Gotovi, ROMA 33133 14 et 316 EFTA00234237 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 15 of 100 Buchanan v. Miami Herald Publ'g Co., 230 So. 2d 9, 12 (Fla. 1969) (holding that where Count I of the complaint had failed to state a cause of action for malicious prosecution, there could be no civil-conspiracy claim in Count II "based on the allegations of Count I"). Because the statute she expressly pleads as the basis for Count I, Chapter 800, Florida Statutes, provides no civil remedy, Jane Doe cannot prevail on Count I. Therefore, she cannot prevail on her claim for conspiracy (Count II) to violate Chapter 800, Florida Statutes (Count I). (ii) The plaintiff cannot prevail against nondiverse defendant Haley Robson on her claim for Intentional Infliction of Emotional Distress (LIED). Even if the plaintiff, for the sake of argument, can assert an LIED claim against Jeffrey Epstein, the plaintiff still does not have a cause of action for LIED against First, the plaintiff cannot recover damages in connection with her own illegal conduct; and second, the plaintiff's purported LIED claim fails as a matter of law. 15 Lewis rein n. 15 ol 516 3059 Gate Avikut, SUITE 340, Coconut 64ovi, itO*100. 33133 EFTA00234238 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07)21:2008 Page 16 of 100 1. The plaintiff seeks damages in connection with her own illegal conduct. The plaintiff concedes that she went to Jeffrey Epstein's house "to give Epstein a massage for monetary compensation." (Am. Compl. ¶ 13.) The plaintiff also concedes, in the guise of an allegation, that "brought Jane Doe to Epstein's mansion in Palm Beach" to help the plaintiff execute her own plan. (Am. Compl. ¶ 13.) Yet, the plaintiff's plan was illegal: under Florida law, it is a crime "to practice massage" without a license. § 480.047, Fla. Stat. (1997). To say it another way, the plaintiff admits that she went to Mr. Epstein's house to commit a crime. Based on these allegations, it is clear that the plaintiff seeks damages in connection with her own illegal conduct; this is enough to support a finding of fraudulent joinder. See Florence v. Crescent Resources, LLC, 484 F.3d 1293, 1298 n.3 (11th Cir. 2007) (acknowledging that "under some circumstances, application of an affirmative defense can support a finding of fraudulent joinder). This conclusion is supported by well-established principles. Under Florida law, a plaintiff cannot recover damages flowing from her own illegal conduct. See Hall v. Hall, 93 Fla. 709, 112 So. 622, 628 (1927) (referring to "the universal rule of our law that one in a court of justice cannot complain .. . of another's wrong whereof he was a partaker") (internal quotation marks and citation 16 Lewis 'reins. 3059 Gina° Avoiut, Sun 340, Cocoso Gsove, Elmo^ 33133 16 01316 EFTA00234239 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 17 of 100 omitted) (emphasis added); Turner v. Anderson, 704 So. 2d 748, (Fla. 4th DCA 1998) ("[N]o public policy should allow appellant to recover damages as a result of engaging in criminal conduct such as occurred in this case."). CI Ewell v. Daggs, 108 U.S. 143, 149 (1883) (stating that "`[n]o court will lend its aid to a [plaintiff] who founds [a] cause of action upon an immoral or an illegal act'") (quoting Holman v. Johnson, 98 Eng. Rep. 1120 (K.B. 1775)); see also id. (explaining that this policy is ("not for the sake of the defendant, but because [the courts] will not lend their aid to such a plaintiff" (quoting Holman, 98 Eng. Rep. 1120)) (emphasis added); Balas v. Ruzzo, 703 So. 2d 1076, 1082 (Fla. 5th DCA 1997) (Harris, J., concurring) (remarking in the context of an action brought against an alleged prostitution house that "the court should continue its tradition of not interceding in civil conflicts involving transactions that are either illegal or are against public policy"). Based on the foregoing, the plaintiff cannot blame someone els for the consequences of her own criminal conduct. CI Fe/d & Sons, Inc. v. Pechner, Dorfman, Wolfe, Rounick and Cabot, 458 A.2d 545, 552 (Pa. Super. Ct. 1983) (holding that law-firm clients could not recover damages flowing from their own criminal acts, even though clients' lawyers had suggested the unlawful conduct to begin with). See also Turner v. Anderson, 704 So. 2d 748, 751 (Fla. 4th 17 Lewis 'Minn. 3059 G4Atto Amax. Sum 340, COCONUT GROVE, hasp 33133 17 01316 EFTA00234240 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 0721:2008 Page 18 of 100 DCA 1998) (approving reasoning in Feld & Sons, holding that "no public policy should allow [a plaintiff] to recover damages as a result of engaging in criminal conduct" where the plaintiff had provided false testimony at an arbitration proceeding). 2. The plaintiffs LIED claim fails as a matter of law. To state a cause of action for TIED, a complaint must allege four elements: i I ) deliberate or reckless infliction of mental suffering; (2) outrageous conduct; (3) the conduct caused the emotional distress; and (4) the distress was severe. Metro. Life Ins. Co. v. McCarson, 467 So. 2d 277, 278 (Fla. 1985). Whether conduct is outrageous enough to support a claim of intentional infliction of emotional distress is a question of law, not a question of fact. Liberty Mut. Ins. Co. v. Steadman, 968 So. 2d 592, 595 (Fla. 2d DCA 2007) (citations omitted). In this case, without reaching the question of "outrage," the plaintiff has failed to show that , conduct - - allegedly arranging an illegal sexual massage that the plaintiff herself agreed to perform - - itself caused the plaintiff to suffer any emotional distress. Even if the alleged agreement was fraudulently induced, the plaintiff's LIED claim flows from Epstein's alleged conduct, not the joint conduct o nd Doe in planning the massage. 18 Lewis. Tein .•• Ann • 3059 GausAvniut,Sunt HO, Cocain Goovt, hots' 33133 1801316 EFTA00234241 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21:2008 Page 19 of 100 (iii) The plaintiff cannot prevail on her claim for civil remedies for criminal practices or racketeering ("civil RICO") pled in Count IV. A cause of action under section 772.104, Florida Statutes ("Civil Remedies for Criminal Practices") requires a showing of direct injury. Even assuming for the sake of argument that Jane Doe can establish that the defendants engaged in a "pattern of criminal activity," she cannot establish that she was directly injured by those activities. Section 772.104 allows someone to bring a civil RICO claim only if "he or she has been injured by reason of any RICO violation. § 772.104, Fla. Stat. (2007). Here, the allegations in Count IV, even if they are true, do not add up to a civil RICO claim because there is no proximate cause between the purported "pattern of criminal activity" and Jane Doe's alleged injuries. In a doomed attempt to satisfy the extremely high burden of pleading civil RICO under Florida law, the Amended Complaint lists a series of violations rooted in Florida's prostitution statutes. (Am. Compl. 1 31.) According to the Amended Complaint, the defendants participated in a criminal enterprise . . . or conspir[acy]" (Am. Compl. 1 30) over an unspecified length of time "to repeatedly find and bring [Jeffrey Epstein] underage girls . . . in order for Epstein to solicit, coerce, entice, compel, or force such girls in acts of prostitution and/or lewdness" (Am. 19 Lewis 3059 Guam Aviriur, Sufi. 3,Wtact:wan Gkovi, limo* 33133 19 of 316 EFTA00234242 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 20 of 100 Compl. ¶ 32). The alleged "pattern of criminal activity" comprises violations of Chapter 796, Florida Statutes—the chapter that proscribes various crimes of prostitution.° These allegations do not tie directly into Jane Doe's alleged psychic injuries. In contrast to a cognizable RICO claim, this action concerns only an isolated occurrence. More important, the alleged injuries in this case are pled to have resulted from an alleged sexual assault, an assault "in violation of Chapter 800 of the Florida Statutes" (Am. Compl. ¶ 18)—not anything having to do with the facilitation of prostitution, or more succinctly, the violation of Florida's prostitution law. Civil RICO claims are extraordinarily difficult to plead successfully. There are examples in the case law of RICO claims stemming from a prostitution enterprise, but they are vastly different from what plaintiff pleads here. They involve, for example, prostitutes who sued a house of prostitution (as an "enterprise") for inflicting systematic and repetitive abuse on them, over time. See Baku v. Ruzzo, 703 So. 2d 1076, 1077 (Fla. 5th DCA 1997) (offering an example of a civil RICO claim against the operators of an alleged "house of prostitution," The Amended Complaint alleges a "pattern of criminal activity" comprising the following criminal violations: §§ 796.03, 796.07(2)(0, 796.07(2Xh), 796.045, and 796.04, Fla. Stat. (Am. Compl. 131.) 20 Lewisitsin 3059 GRAND swum, Same 340, CoCONut Gaovt, ROMA 31133 20 at SIG EFTA00234243 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 21 of 100 where petitioners alleged that they had "suffered emotional pain, anguish, humiliation, insult, indignity, loss of self-esteem, inconvenience, hurt and emotional distress" as a result of being forced repeatedly, over time, to "perform sexual acts to retain their employment"). Here, even if the Amended Complaint can be read to plead that the defendants schemed to solicit other massages from other people (see, e.g., Am. Compl. TV 9, 11, 12, 32), those activities are not alleged in any way to have impacted Jane Doe. Cf., e.g., Palmas Y Bambu, S.A. v. F..I. Dupont De Nemours & Co., Inc., 881 So. 2d 565, 570 (Fla. 3d DCA 2004) (holding that "'indirect injuries, that is injuries sustained not as a direct result of predicate acts . . . will not allow recovery under Florida RICO."' (quoting O'Malley v. St. Thomas Univ., Inc., 599 So. 2d 999, 1000 (Fla. 3d DCA 1992))) (emphasis added). Because the Amended Complaint does not satisfy the direct-injury requirement under Florida's RICO law, Jane Doe has failed to allege a cause of action against for violation of section 772.103, Florida Statutes. B. This Notice satisfies the procedural requirements of 28 U.S.C. § 1446. 1. This notice of removal is timely. In accordance with 28 U.S.C. § 1446, this notice of removal is timely. Only defendant Epstein has been served with process. Defendants 21 Lewis:Teinn. and 3059 Gum} Avtme. Sum 340, Cocomo Gaon, FIOROA 33133 21 outs EFTA00234244 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 22 of 100 have not yet been served. In a multi-defendant lawsuit, removal is timely when effected within 30 days after the last defendant is served. See Hill Dermaceuticals, Inc. v. RX Solutions, United Health Group, Inc., No. 6:08-cv-330-Or1-311CRS, 2008 WL 1744794, at *3 (M.D. Fla. Apr. 11, 2008) (concluding that removal petition was timely where it was filed within 30 days after the last defendant was served). 2. Notice has been given, and state-court papers have been filed. In accordance with 28 U.S.C. § 1446(d), defendants have served this Notice of Removal on July 18, 2008. All papers filed in State Court are attached to this Removal Petition. 3. There is unanimity among the defendants. In accordance with 28 U.S.C. § I446(b) the undersigned are authorized to represent that all of the defendants join this Petition and consent to removal. Conclusion Because this is a civil action between citizens of different states, excluding any fraudulently joined parties, and the amount in controversy exceeds $75,000, exclusive of interests and costs, this Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1332(aX1). 22 Levyni14.4.,IQ in n. 3059 Gan* Avmut,Suni 340, CocOolui GEODVI.Ft00.04 33133 220 316 EFTA00234245 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07:21/2008 Page 23 of 100 WHEREFORE, the Defendants, Jeffrey Epstein, and , remove this case from Palm Beach Circuit Court to the United States District Court for the Southern District of Florida. Respectfully submitted, LEWIS TEIN, P.L. GUY A. LEWIS Fla. Bar No. 623740 Iewis@lewistein.com MICHAEL R. TEIN Fla. Bar No. 993522 ATTERBURY, GOLDBERGER & WEISS, P.A. By: Jack A. Goldberger Fla. Bar No. 262013 jgoldberget@agwpa.com Attorneys for Defendant Jeffrey Epstein 23 Lewis Trin 3059 Guam Avisyt,Sunt 340, Comm, Glow, /toes. 33133 01916 EFTA00234246 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07:21:2008 Page 24 of 100 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document is being served this day, July 18, 2008, on counsel of record identified on the service list by U.S. Mail. 444eCt: Michael R. Tein 24 Lewis. "rein PI 309 Gant* Avt mu. Sun: 340. Ca0+u1 Grow, FLOP** 33133 2101316 EFTA00234247 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 0721/2008 Page 25 of 100 Service List Theodore J. Leopold, Esq. Ricci-Leopold, P.A. oe Douglas M. McIntosh, Esq. Jason A. McGrath, Esq. McIntosh, Sawran, Peltz & Cartaya P.A. Counsel for Defendant Haley Robson Bruce E. Reinhart, Esq. Bruce E. Reinhart, P.A. n an •ra e en Robert D. Critton, Esq. Michael J. Pike, Esq. Burman, Critton, Luther & Coleman LL' o- ounse or cirey Epstein 25 Lewis Teinrv. 3059 Gum) Avow,. Sum 140. Cot owl GNOYE, 'LOMA 331)1 Not 416 EFTA00234248 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 26 of 100 EXHIBIT A 26 of 316 EFTA00234249 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 27 of 100 nsor & Associates Ker.onanp and Transcripnca. Inc IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2006 CF09454AXX STATE OF FLORIDA, - vs- JEFFREY EPSTEIN, Defendant. DEPOSITION OF Wednesday, February 20, 2008 2:00 p.m. - 4:30 p.m. Palm Beach County Courthouse 205 North Dixie Highway West Palm Beach, Florida 33401 Reported By: Judith F. Consor, FPR Notary Public, State of Florida Consor & Associates Reporting and Transcription Phone - 561.682.0905 Copy Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 2701316 EFTA00234250 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 28 of 100 nsor & Associates Repnniny end 1 nnsc ri pa on Inc Page 2 1 APPEARANCES: 2 3 4 5 On behalf of the State: LANNA BELOHLAVEK, ESQ. ASSISTANT STATE ATTORNEY 6 On behalf of the Defendant: MICHAEL R. TEIN, ESQ. 7 KATHRYN A. MEYERS, ESQ. ,EWIS TEIN, PL 8 9 On behalf of the Defendant: 10 JACK A. GOLDBERGER, ESQ. ATTERBURY, GOLDBERGER & WEISS 11 12 13 14 ALSO PRESENT: ON BEHALF OF THE WITNESS: THEODORE J. LEOPOLD, ESQ. 15 KEITH J. BRETT, DIRECTOR OF MULTIMEDIA DIVISION, LEGAL-EZE 16 17 :8 19 20 21 22 23 24 25 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 2801315 EFTA00234251 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 29 of 100 nsor & Associates Itcpanitnc had lranuripturri Inc 1 2 3 INDEX WITNESS: Page 3 PAGE: DIRECT EXAMINATION 4 4 BY MR. TEIN: 5 6 7 NOEXHIBITS MARKED 8 9 CERTIFIED QUESTIONS 10 Page Line 53 22 11 55 1 59 2 12 111 14 112 2 13 14 15 16 17 78 19 20 21 22 23 24 25 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 nonn EFTA00234252 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 30 of 100 nsor & Associates Rcpnrini; and Transtrirum. lu 1 2 3 Page 4 Deposition taken before Judith F. Consor, Court Reporter and Notary Public in and for the State of FlDrida at Large, in the above cause. 4 - - - 5 Thereupon, 6 7 having been first duly sworn or affirmed, was examined a and testified as follows: 9 THE WITNESS: I do. 10 DIRECT EXAMINATION 11 BY MR. TEIN: 12 Q. Good afternoon. Please tell me your full 13 name. 14 A. 15 Q. And can you please spell it. 16 A. 17 18 Q. Thank you. 19 May I call you S 20 A. Uh-huh. 21 Q. going to ask you a few 22 questions, several questions today. If at any time you 23 want to take a break, you just let me know. Okay? 24 A. Okay. 25 Q. If you at any time don't understand one of Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 3001316 EFTA00234253 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 31 of 100 nsor R Associates RepontnE and Tnnscripuca. lnc Page 5 1 my questions, will you just please let me know? 2 3 Q. 4 or something like that, you'll tell us, right? 5 A. Yes. 6 Q. Do you feel okay today? 7 A. Yes. 8 Q. Not taking any alcohol or drugs or anything 9 like that, right? 10 A. No. 11 Q. So you feel ready to have your deposition 12 taken? 13 A. Yes. 14 Q. what is your address? 15 A. I'm currently living at my aunt's house and 16 I don't know it off the top of my head. 17 Q. Where is it? 18 A. In Jupiter. 19 Q. Who is your aunt? 20 A. 21 Q. 22 A. IIIIIIIIIIIIr my uncle. 23 Q. Anyone else living there? 24 A. No. 25 Q. The contempt motion that your mother filed A. Yes. And if at any time you're not feeling well Who else is living there? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 31,0316 EFTA00234254 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 32 of 100 nsor & Associates Report' np and Tranulirynco. Inc 1 2 3 4 Page 6 against your father regarding your fifty million-dollar lawsuit against Jeffrey Epstein says that you live with your aunt and uncle and have been living there; is that correct? 5 A. Yes. 6 Q. How long have you been living with your 7 aunt and uncle? 8 A. Since my father kicked me out. 9 Q. That was Thanksgiving of this past year? 10 A. Yes, sir. 11 Q. Okay. Didn't your firefighter boyfriend 12 get an apartment for the two of you? 13 A. No, sir. He has an apartment, but by 14 himself. 15 Q. Did he get an apartment for the two of you 16 to live in? 17 A. No, sir. 18 Q. Are you planning to move in with him? 19 A. Maybe one day in the future. 20 Q. Do you have a plan to move in with him 21 presently? 22 A. No. 23 Q. Have you been to the apartment that you and 24 have discussed moving in together? 25 A. I have been to the apartment. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 31.0316 EFTA00234255 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 33 of 100 nsor & Associates Reponimp and Transcriptim 1 2 3 4 5 6 Q. Where is that? A. Palm Beach Lakes. Q. Have you spent the night over there? A. No, sir. O. Do you know the address there? A. I do not. Page 7 7 Q. Isn't your sister planning on living 8 with you and ill, 9 A. No. 10 Q. 11 criminal prosecution, correct? 12 A. Correct. 13 Q. And you know that it's a criminal 14 prosecution against a man who has no criminal background. 15 Do you know that? 16 A. I do now. 17 Q. You agree that court is a very serious 18 matter? 19 A. Yes. 20 Q. And you're here with your lawyer 21 Mr. Leopold, right? 22 A. Yes. 23 Q. And you know that Mr. Leopold recently filed a lawsuit in federal court against Jeffrey Epstein, Illillif you know that this court case is a 25 seeking fifty million dollars. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 3301316 EFTA00234256 Case 9:08-cv-80804-KAM D ent 1 Entered on FLSD Docket 07/21/2008 Page 34 of 100 nsor & Associates Reporting and 1r/usefinnan. lac 1 2 3 Page 8 MR. LEOPOLD: Let me just object. IIIIIIIIp let me instruct you. Anything that you have learned through conversations between you 4 and me are protected. So if you know any of that 5 information outside of those discussions, 6 answer. But if the only way you know it is 7 through our discussions, do not answer that 8 question. 9 BY MR. TEIN: 10 Q. UM you know that Mr. Leopold recently 11 filed a lawsuit in federal court on your behalf against 12 Jeffrey Epstein seeking fifty million dollars? 13 14 15 our discussions, you may answer. If it is the 16 only way that you know the answer is through our 17 discussions, do not answer that question. 18 THE WITNESS: Okay. 19 MR. LEOPOLD: Attorney/client privilege. 20 BY MR. TEIN: 21 Q. 22 23 24 25 MR. LEOPOLD: Same objection. you may If you know the answer to that outside of You can answer the question unless -- MR. LEOPOLD: Same objection. MR. TEIN: Let me finish. MR. LEOPOLD: Excuse me. We're -- MR. TEIN: No. Let me finish. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 3401316 EFTA00234257 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 35 of 100 sor & Associates Rcpmmn and Ininscri p:i nn, Inc 1 2 3 4 that. Page 9 MR. LEOPOLD: Lewis, we're not going to do MR. TEIN: My name is not Lewis. I'm going to finish my question. Okay? 5 MR. LEOPOLD: Do not answer until you hear 6 from me. 7 BY MR. TEIN: 8 Q. Other than conversations that you have had 9 with Mr. Leopold -- I'm not asking about that -- are you 10 aware that Mr. Leopold has filed a lawsuit in federal 11 court seeking fifty million dollars from Jeffrey Epstein 12 on your behalf? 13 14 15 conversations between you and me, do not answer. 16 Those are protected. If you know through any 17 other realm of knowledge, you may answer. 18 19 BY MR. TEIN: 20 Q. You have no idea that Mr. Leopold filed a 21 fifty million-dollar lawsuit on your behalf against 22 Jeffrey Epstein? 23 MR. LEOPOLD: Same objection. 4 25 discussions that you and I had. Outside of that, MR. LEOPOLD: Same objection. Anything that you learn through THE WITNESS: No. Do not answer that question if it's through Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 3501316 EFTA00234258 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 36 of 100 nsor & Associates Repornnp and Transc ripon. Inc Page 10 1 2 3 that answer. 4 THE WITNESS: No. 5 BY MR. TEIN: 6 Q. You didn't know that? 7 MR. LEOPOLD: Don't answer that question. 8 Again, it's attorney/client privilege. Any 9 information you've learned through conversations 10 between you and I are protected. If you know it 11 through any other realm, you may answer. 12 13 every question in the deposition, Mr. Leopold? 14 MR. LEOPOLD: When you ask improper 15 questions like that without the proper -- 16 MR. TEIN: You're going to stop your 17 speaking objections right now. Okay? 18 19 MR. TEIN: You need to stop your speaking 20 objections. 21 Let's continue. 22 MR. LEOPOLD: Counsel, you just asked me a 23 question and I'm going to state it on the 24 record -- 25 MR. TEIN: You need to stop your speaking you may answer. So do not answer that question if that is the only basis by which you understand MR. TEIN: Are you going to say that for MR. LEOPOLD: Without the proper -- Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 36 01316 EFTA00234259 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 37 of 100 nsor & Associates Re portmE tnd TralllefipO11O. Inc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 objections. Check your rules. MR. LEOPOLD: Excuse me. For the record, Counsel asked me a question. I'll state the answer on the record. He asked me the question am I going to be answering that way throughout the deposition. So long as there's improper foundation and predicate asked by the attorney, I will protect my client and I make the record where appropriate. If counsel wishes to ask an appropriate worded question with the proper foundation and predicate, I will certainly allow the client to answer the question. MR. GOLDBERGER: Why don't you just state attorney/client privilege and just be done with it? MR. LEOPOLD: I want the record to be clear. MR. TEIN: You want to waste time is what you want to do. You were supposed to be here this morning and you totally broke the deal, the agreement that you had with us if your hearing got cancelled. But let's move on and maybe you'll stop obstructing this deposition. MR. LEOPOLD: I think the record is very Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 37 of 316 EFTA00234260 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 38 of 100 nsor & Associates Roan:cif and Transcripunn, Inc Page 12 1 clear where we stand thus far. 2 Is there a recording taken of this 3 deposition? 4 THE COURT REPORTER: Yes. 5 MR. LEOPOLD: Just make sure that's 6 preserved. 7 BY MR. TEIN: 8 Q. Go to Exhibit 20-01 -- well, before you do 9 that,_ are you aware that a lawyer named Jeffrey 10 Herman filed a lawsuit on your behalf, yes or no? 11 MR. LEOPOLD: Objection. 12 Any conversations that you and I have had 13 regarding that, if that is the only way by which 14 you understand how to answer that question, do not 15 answer. It's attorney/client privilege, as well 16 as any conversations you may have had with the 17 attorney from Miami. That is also attorney/client 18 privilege. And I'm assuming -- 19 MR. TEIN: You're actually wrong about the 20 attorney/client privilege. 21 MR. LEOPOLD: I'm assuming Counsel is not 22 asking you to divulge attorney/client 23 MR. TEIN: Of course not. 24 BY MR. TEIN: 25 Q. a are you aware that Jeffrey Herman, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 3801316 EFTA00234261 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 39 of 100 nsor & Associates Reportinr, and Transcrirann. Inc 1 2 3 Page 13 an attorney, filed a fifty-million-dollar lawsuit on your behalf against Jeffrey Epstein, yes or no? MR. LEOPOLD: Same objection. 4 MR. TEIN: We've heard the objection 10 5 times already. 6 MR. LEOPOLD: Counsel, excuse me. 7 MR. TEIN: Just say attorney/client 8 privilege. Stop interrupting my questions. 9 MR. LEOPOLD: I'm entitled to make an 10 objection for the record, which I'm doing, and 11 I'll make the same objection. And if it calls for 12 attorney/client privilege, any conversations you 13 and I have had, do not answer the question. 14 And I think that it might be appropriate, 15 for the record, to ask questions via 76 as opposed to I think that 17 would be more appropriate for this deposition. 18 BY MR. TEIN: 19 Q. Go ahead. Please answer yes or no. 20 A. Yes. 21 Q. Thank you. 22 In fact, you know that Mr. Herman held a 23 press conference after he filed the fifty-million-dollar 24 lawsuit on your behalf, don't you? 25 A. After it happened. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 3901316 EFTA00234262 Case 9:08-cv-80804-KAM D ent 1 Entered on FLSD Docket 07/21/2008 Page 40 of 100 nsor & Associates Reporang and Transcription. Inc. Page 14 7 Q. You know that he had a press conference, 2 don't you, yes or no? A. Yes. 4 Q. In fact, let's go to Exhibit 20-01. 5 MR. GOLDBERGER: Look behind you. You'll 6 see it. 7 BY MR. TEIN: 8 Q. Have you ever seen that picture before? 9 A. Yes. 10 0. Is that a picture of your father, your 11 stepmother and Mr. Herman at the press conference 12 regarding your lawsuit? 13 A. Yes. 14 Q. Now you know that this is a very serious 15 matter, don't you? 16 MR. LEOPOLD: Asked and answered. 17 Objection. 18 MR. GOLDBERGER: All right. You can 19 object. You're representing a witness here, 20 Mr. Leopold. You can object on privilege grounds. 21 You cannot make legal objections. You have no 22 standing to do so. 23 MR. LEOPOLD: I'm going to make them and 24 then -- 25 MR. GOLDBERGER: We're -- Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 4001316 EFTA00234263 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 41 of 100 nsor & Associates Re partinp and 1rznrcripa on. Inc 1 2 3 Page 15 MR. LEOPOLD: We're going to leave or we're going to take a break, because his demeanor is not appropriate. There's no reason to have this kind 4 of demeanor. If you want to have this kind of 5 demeanor with me -- 6 MR. TEIN: You are obstructing this 7 deposition. 8 MR. GOLDBERGER: Why don't you guys go 9 outside and just talk about -- 10 MR. LEOPOLD: She -- her job is very 11 difficult and she's not going to be able to take 12 us both talking at the same time. 13 MR. GOLDBERGER: Off the record. 14 MR. LEOPOLD: We're not going off the 15 record, Jack. We're not, Jack. Her job is very 16 difficult. I'm going td make the record. 17 I don't think it is appropriate, especially 18 in the small confines of this room, to be very 19 aggressive with this young lady. 20 MR. TEIN: That's not happening. Stop, 21 stop actually -- 22 MR. LEOPOLD: If you're going to interrupt 23 me, we're going to cancel this deposition -- 24 MR. TEIN: Stop misrepresenting. 25 THE COURT REPORTER: I need one at a time, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 41 01316 EFTA00234264 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 42 of 100 nsor & Associates eteraranp and 'luau ripuno. lac 1 2 3 4 5 6 Page 16 no matter who it is. MR. LEOPOLD: I think we're going to take a break. Perhaps you might want to talk to your co-counsel -- MR. TEIN: I don't need to talk to him. MR. LEOPOLD: But we're going to take a 7 break. 8 MR. TEIN: We're not taking a break unless 9 the witness needs a break. 10 You're obstructing this deposition, Ted. 11 MR. LEOPOLD: Come on, ow 12 You all want to continue in this 13 demeanor -- 14 MR. TEIN: You're obstructing the 15 deposition. Stop making speeches. We're not 16 discussing this with you. The questions are to 17 your client. Go take your five-minute break. 18 MR. LEOPOLD: Fine. We need to make sure 19 the record's clear and clean. 20 And I want to make sure, as I've already 21 asked you -- I know that you're one of the best in 22 town -- that this audio -- this needs to be 23 preserved. Okay? 24 MR. TEIN: Go take your five-minute break, 25 Mr. Leopold, now. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 4301316 EFTA00234265 Case 9:08-cv-80804-KAM nt 1 Entered on FLSD Docket 07/21/2008 Page 43 of 100 nsor & Associates Repo:tins and Traosctiparn .Inc. 1 2 3 4 Page 17 You were supposed to be here at nine a.m.; it's now after two. Take your break and come back. MR. LEOPOLD: Okay. If the demeanor keeps 5 up, we will not be here beyond those five minutes. 6 7 8 relax. 9 10 break. 11 MR. GOLDBERGER: Let them take that 12 five-minute break. 13 MR. LEOPOLD: But I would suggest that you 14 take deep breaths. 15 MR. TEIN: Suggest whatever you want. Go 16 take a break. 17 (Thereupon, a recess was taken.) 18 BY MR. TEIN: 19 Q. you agree that giving testimony 20 today at your deposition is something very serious, don't 21 you? 22 A. Yes. 23 Q. And you respect the court, don't you? 24 A. Yes. 25 Q. Let me show you Exhibit 31-001. Can you MR. TEIN: Take your break and come back. MR. LEOPOLD: Okay. So I suggest that you MR. TEIN: I suggest that you take your Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 43 01316 EFTA00234266 Case 9:08-cv-80804-KAM nt 1 Enteredon FLSD Docket 07/21/2008 Page 44 of 100 nsor & Associates Ropartinp and 'Transcription. Inc Page 18 1 read that out loud, please. 2 A. Okay. What do you want? 3 Q. Will you read that out loud, please. 4 A. Oh. 5 Q. Thank you. 6 A. Lol hah my baddd...1O1 yah i got some 7 stupid court shit on the 20th...bullshit...and damn you 8 still have court shit with him? Like after so long wow 9 im sorry... well yah well we will definitely havta make 10 plans for sure..because i miss u tons times a million and 11 no no no i love you...o and p.s. i love ur default pic 12 niggaa. Muah xo. 13 Q. Did you send that message last week to a 14 friend of yours on MySpace? 15 A. I wouldn't know. There's no dates and I've 16 deleted that MySpace, so -- 17 Q. We're going to talk about that in a second. 18 A. Okay. 19 Q. Did you send that message last week -- 20 A. Right. 21 0. Let me finish my question. 22 Did you send that message last week to a 23 friend of yours on MySpace? 24 A. I wouldn't know the date, but obviously, 25 it's to a friend. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 44 01316 EFTA00234267 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 45 of 100 nsor & Associates Reportint and 1 ransc ripantn, lac. Page 19 1 Q. Did you send that message to a friend of 2 yours on MySpace? 3 A. Sure, yes. 4 Q. Were you referring to this deposition? 5 A. Yes. 6 Q. Do you find the term n-i-g-g-e-r offensive? 7 A. That's not anywhere in there. 8 Q. What word did you use in there? 9 MR. LEOPOLD: Where are you referring to, 10 Counsel? There's 20 plus words in there. 11 MR. TEIN: Don't make a speaking objection. 12 THE WITNESS: Are you referring to 13 anything -- 14 MR. LEOPOLD: No, Don't -- don't 15 let him ask you the question. 16 BY MR. TEIN: 17 Q. what question were you asking, ? 18 MR. LEOPOLD: She doesn't ask questions. 19 You ask the questions. What is the question 20 pending? 21 BY MR. TEIN: 22 Q. what is the last word on there in 23 the text of your message before the closing? 24 A. Niggaa. 25 Q. Don't you find that term offensive? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 4501316 EFTA00234268 Case 9:08-cv-80804-KAM D nt 1 Entered on FLSD Docket 07/21/2008 Page 46 of 100 nsor & Associates Reponing end Transcrirlea, Inc Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Mr. Leopold. I have marked and identified as an 16 exhibit and you will get it. 17 MR. LEOPOLD: There has been no 18 identification of this document in the record. 19 MR. TEIN: Mr. Leopold, stop interrupting 20 this deposition. 21 MR. LEOPOLD: What is the exhibit number 22 marked for identification? 23 MR. TEIN: 31-001. 24 MR. LEOPOLD: Do we have copies? Is it on 25 the record anywhere? A. No. MR. LEOPOLD: Can you spell it for the record, please. THE WITNESS: N-i-g-g -- MR. TEIN: No, no, no. You are not going to be asking questions. MR. LEOPOLD: I'm not asking questions. I'm asking for the record the word to be spelled, because we don't have a video here today. MR. TEIN: These exhibits are part of the record. You -- MR. LEOPOLD: Well, it's not marked as an exhibit. MR. TEIN: Stop interrupting me, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 4601416 EFTA00234269 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 47 of 100 nsor & Associates Rcpartinfi and Transtripticri Uc 1 BY MR. TEIN: 2 Page 21 Q. Let me ask you, did you in fact 3 write your friend this message about this deposition? 4 A. Yes. 5 Q. So you wrote your friend that this 6 deposition is stupid court s-h-i-t, correct? 7 A. Yes. 8 Q. Because you think this deposition is stupid 9 court s-h-i-t, don't you? 10 A. No. 11 Q. You wrote that to your friend, didn't you? 12 A. Yes. 13 Q. You think that court is stupid, don't you? 14 A. In some cases. 15 Q. And you think that court is bull s-h-i-t, 16 don't you? 17 A. No. 18 Q. And you think this deposition is bull 19 s-h-i-t, don't you? 20 A. No. 21 Q. You wrote that to your friend, didn't you? 22 MR. LEOPOLD: Objection. Asked and 23 answered. 24 MR. TEIN: That's not an objection. 25 BY MR. TEIN: Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 47 01316 EFTA00234270 Case 9:08-cv-80804-KAM nt 1 Entered on FLSD Docket 07/21/2008 Page 48 of 100 nsor & Associates Reparan3 rind Transcrip:m. Inc. Page 22 Q. You wrote that to your friend, didn't you? 1. 4 5 6 7 8 9 10 11 12 13 14 15 specificity. And I will do that. And if you 16 don't want me to, you can make the record. But I 17 will do that. 18 MR. TEIN: Here's what we'll do, Ted. You 19 can -- I will allow you to reserve an objection to 20 form for every single one of my questions. 21 Otherwise, all you're doing is obstructing. 22 MR. LEOPOLD: I won't do that. 23 MR. TEIN: Of course; because you want to 24 obstruct. 25 MR. LEOPOLD: All right. MR. LEOPOLD: Objection. Asked and answered, for the fourth time. MR. TEIN: You are improperly objecting, Mr. Leopold. You have no grounds to object. And that's not an objection. MR. LEOPOLD: It is an objection. MR. TEIN: Then terminate the deposition if you think it's been asked and answered. MR. LEOPOLD: Counsel, I am not precluded from just making an objection to the form of the question. As the courts well know, and if you practice here in West Palm Beach, many of the judges require you to set the objection with Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 44301316 EFTA00234271 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 49 of 100 nsor & Associates Relinnin: mud Trinscrip:inm, Inc 1 2 3 4 5 6 7 8 9 Page 23 BY MR. TEIN: MN Q. you think that giving testimony today, under oath, is bull s-h-i-t, don't you? A. No. Q. And you wrote that to your friend on MySpace last week, didn't you? MR. LEOPOLD: Objection. Asked and answered. THE WITNESS: No, I did not. 10 BY MR. TEIN: 11 Q. You didn't write this exhibit? 12 A. I wrote that, but I didn't write what you 13 said. 14 Q. 15 stupid court s-h-i-t on the 20th. Bull s-h-i-t." Didn't 16 you write that? 17 18 Q. Referring to this deposition, didn't you? 19 A. Referring to the court. I was later 20 informed that it was a deposition. 21 Q. I'm going to ask you some questions now 22 about what happened when you went to Jeff Epstein's house You wrote in this exhibit, "I got some A. Yes. 23 three years ago. Okay? 24 25 A. Uh -huh. Q. When the police interviewed you one month Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 49(0316 EFTA00234272 Case 9:08-cv-80804-KAM p . ent 1 Entered on FLSD Docket 07/21/2008 Page 50 of 100 nsor & Associates RoponniF and 'Transcription lnc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 24 after you went to Epstein's house, you swore on your mother's grave that you and Epstein did not engage in sex of any kind? A. Yes. Q. Didn't you tell that to the police? A. Yes. And I will continue. I have never had sex with him. Q. Did what happened upstairs at Jeff Epstein's house take you completely by surprise,. A. Yes. Q. Now the civil complaint that you filed against Mr. Epstein for fifty million dollars alleged that, you were totally shocked by what happened when you got there. A. Yes. Q. Were you totally shocked by what happened when you got to Epstein's house? A. Yes. Q. You didn't expect it at all, did you? A. No. Q. You had absolutely no idea why your friend IIIII/I.as taking you to Epstein's house, right? A. I was informed it was a massage. Q. All you thought that it was going to be was a message, correct? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 5001316 EFTA00234273 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 51 of 100 nsor & Associates Repontng and 'I.:Ansi:rip/1n, Inc . Page 25 1 2 3 never said anything to you on the telephone about sexual 4 activity with Epstein, did she? 5 A. No. 6 Q• 7 never sent you a message over the Internet about A. Yes. Q. Before you got to Epstein's house r— And before you got to Epstein's house 8 sexual activity with Epstein, did she? 9 A. No. 10 Q. Did ever try to convince you to 11 engage in any sexual activity with Epstein? 12 A. No. 13 Q. Did every try to convince 14 you to engage in any sexual activity with Epstein? 15 A. I don't know who is. 16 Q. Do you have a friend IIIIIII? 17 A. No. 18 Q. Okay. Before you went so Epstein's house 19 did anyone call or e-mail you to induce you to engage in 20 sexual activity with Epstein? 21 A. No. 22 0• So you're sure that before you got to 23 Epstein's house no one tried to persuade you to engage in 24 sexual activity with Jeffrey Epstein? 25 A. No. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 51 Q4 516 EFTA00234274 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 52 of 100 nsor & Associates kepnitint. and Transcriputo Inc Page 26 1 Q. You're sure that -- let me ask the question 2 again. 3 You're sure that before you got to 4 Epstein's house no one tried to persuade you to engage in 5 sexual activity with Epstein for money. Are you? 6 MR. LEOPOLD: Objection. Asked and 7 answered. 8 THE WITNESS: No. And I've already 9 answered that a bazillion times. 10 BY MR. TEIN: 11 Q. He's coaching you now. So I'm going to ask 12 the question 13 MR. LEOPOLD: Counsel, I've made an 14 objection for the record. 15 MR. TEIN: Stop speaking. 16 MR. LEOPOLD: I'm not going to stop 17 speaking. You can't interrupt me when I'm making 18 the record. 19 MR. TEIN: You're coaching the witness. 20 MR. LEOPOLD: Counsel -- 21 MR. TEIN: Stop coaching the witness. 22 BY MR. TEIN: 23 Q. MI let me ask you -- 24 MR. LEOPOLD: If you continue to -- 25 MR. TEIN: Stop interrupting my questions. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 52 01316 EFTA00234275 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 53 of 100 nsor & Associates Rept-tramp and lranscripam, Inc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 27 MR. LEOPOLD: If you do it one more time, we're leaving. BY MR. TEIN: O MR. LEOPOLD: I'm going to make the record. You cannot interrupt me when I'm making the record. Out of professional conduct, you cannot do that. I'm entitled to make the record. I made an objection, asked and answered. Your demeanor is inappropriate. You're willing and you are able and you're responsible to ask a question in a professional manner, and ask the question and once you get the answer, to either follow up on it or move on, but not continuously browbeat and ask the same question over and over because you don't like the answer. MR. TEIN: calm down, sir. MR. LEOPOLD: Trust me, I'm very calm here. When I'm not calm, you'll know it. I'm very calm. So please continue on. But I will not allow you to continue to harass her in the demeanor that you're doing. Ask her a question and move on. MR. TEIN: Are you done? MR. LEOPOLD: Thank you. I am. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 5301315 EFTA00234276 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 54 of 100 nsor & Associates Report ng mid Transcriptonn, Inc 1 2 3 Stop it. 4 BY MR. TEIN: 5 Q. 6 7 clear. 8 Page 28 MR. TEIN: Stop misrepresenting the record and calm down. I'm going to ask my question. MR. LEOPOLD: I think the record is very MR. GOLDBERGER: Let me just clarify 9 something. When you object to the form of a 10 question, you're not instructing the witness not 11 to answer the question, are you? 12 MR. LEOPOLD: No. And I'm not making that 13 objection; only on attorney/client privilege. 14 15 can ask my question? Are you done? 16 17 BY MR. TEIN: 18 Q. Listen, al 19 MR. LEOPOLD: Hold on. Stop. 20 21 have met a lot of attorneys, but I've never had an 22 experience like this where I've -- 23 MR. TEIN: Stop your speeches. 24 25 whether it's with me or with my client, I will not MR. TEIN: Will you stop speaking now so I Okay. I'm going to ask my question. I've been doing this for 20 plus years and MR. LEOPOLD: If you continue to do this, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 5.01316 EFTA00234277 8 9 10 11 12 13 14 15 16 17 18 19 20 2'1 22 23 24 25 put up with it and I don't need to put up with it Case 9:08-cv-80804-KAM Rggjrjrwent 1 Entered on FLSD Docket 07/21/2008 Page 55 of 100 nsor & Associates Reportiap end Transcripon. Inc. Page 29 1 2 and it's not appropriate. And I'm sure 3 Mr. Goldberger knows all this, because I know that 4 he wouldn't do this. So I will not put up with 5 it. And I think it's highly inappropriate to do 6 this with this child sitting here, the way you're 7 acting, primarily towards me, and I will not put up with it. MR. TEIN: Will you please stop your speech so I can ask questions? MR. LEOPOLD: So long as you act professionally, I will do so. But if you continue to do it this way, I will leave. MR. TEIN: Suit yourself. BY MR. TEIN: Q. fl are you sure that before you got to Epstein's house no one tried to persuade you to engage in sexual activity with Epstein for money? MR. LEOPOLD: Asked and answered. Objection. MR. TEIN: Did you get her answer? THE COURT REPORTER: No, I did not. THE WITNESS: I'm sure. BY R. TEIN: Q. Let me ask you a few questions about your Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 5501 316 EFTA00234278 Case 9:08-cv-80804-KAM RgcUment 1 Entered on FLSD Docket 07/21/2008 Page 56 of 100 nsor & Associates iicpornap And ranscro pow. Inc. Page 30 1 contact with Jeffrey Epstein. Okay? 2 A. (Witness nods head up and down.) 3 Q. Jeff never e-mailed you, did he? 4 A. No. 5 Q. Jeff never text messaged you, did he? 6 A. No. 7 Q. Jeff never chatted in a chat room with you, 8 did he? 9 A. No. 10 Q. Before you got to Epstein's house you had 11 never spoken to Jeff, had you? 12 A. No. 13 Q. And before you got to Epstein's house you 14 had never met Jeff? 15 A. Correct. 16 Q. Before you got to Epstein's house you had 17 never told Jeff that you were under 18, right? 18 A. No. 19 Q. Before you got to Epstein's house had you 20 ever told Jeffrey that you were under 18? 21 A. No. I never spoke to the man before that. 22 Q. And you only went to Jeff Epstein's house 23 that one time three years ago, correct? 24 A. Yes. 25 Q. You never went there again, correct? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 5601316 EFTA00234279 Case 9:08-cv-80804-KAM D ment 1 Entered on FLSD Docket 07/21/2008 Page 57 of 100 nsor & Associates Reporting and Transcription. Inc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Page 31 A. No. Q. All right. Let me ask you two final areas of questioning about this and we'll move onto something else. Okay? A. Uh-huh. Yes. I'm sorry. Q. Before you got to Epstein's did anyone associated with Epstein ever call you on the phone and try to persuade, induce, entice or coerce you to engage in any sexual activity? A. No. Q. Before you got to Epstein's did anybody associated with Epstein ever contact you on the Internet and try to persuade, induce, entice or coerce you to engage in any sexual activity? 15 A. No. 16 Q. who told you that when you got to _7 Jeff Epstein's house you should lie to Jeff about your 18 age? 19 A. 20 Q. Was it or was it the other girl in 21 the car who you rode over with to Epstein's house? 22 A. 23 O. Who was the other girl in the car with you 24 that day? 25 A. I honestly don't know. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 W01316 EFTA00234280 Case 9:08-cv-80804-KAM s D pment 1 Entered on FLSD Docket 07/21/2008 Page 58 of 100 io Repornnp and Transcri moon. Inc nsor & Associates Page 32 1 Q. Had you ever seen her before? 2 A. No, sir. 3 Q. You told the police that when you rode over 4 to Epstein's you had no idea who she was, right? 5 A. Correct. 6 Q. You told the police that you didn't know 7 her name, but she was like really dark, kind of like a 8 Spanish girl? 9 A. Yes. 10 Q. Those were your words, right? 11 A. Yes. 12 Q. Do you now know who she is? 13 A. No, sir. 14 Q. So it was who told you to lie about 15 your age to Jeff Epstein? 16 A. Yes, sir. 17 Q. And gill' told you that if you weren't 18, 18 Epstein wouldn't let you into his house, right? 19 A. That's -- yes, yes. 20 Q. All right. Let's talk for a minute about 21 when you first met Jeff. Okay? 22 A. Sure. 23 Q. When you first met Jeff he tried to find 24 out how old you were, right? 25 A. Excuse me? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 5801316 EFTA00234281 Case 9:08-cv-80804-KAM Q. ent 1 Entered on FLSD Docket 07/21/2008 Page 59 of 100 nsor & Associates ReportenF and Transcli pm. Inc 1 2 out how old you were, right? Page 33 When you first met Jeff he tried to find 3 A. Not when we first introduced each other; 4 when we get upstairs, then, yes. 5 Q. 6 you were, correct? 7 A. Yes, yes. 8 Q. Now hadn't you already told Jeff's 9 ass:.stant, the one who walked you upstairs, that you went 10 to college and had just moved down here from Ohio? 11 A. I never spoke to the lady. 12 Q. Do you want to rethink that answer? 13 MR. LEOPOLD: Is that a question? 14 BY MR. TEIN: 15 Q. 16 A. No. I didn't really speak with her that 17 much. 18 Q. 19 on that? L0 MR. LEOPOLD: Do you have something to 21 refresh her memory with? 22 MR. TEIN: Do you want to stop making 23 speaking objections? 24 MR. LEOPOLD: No. But to refresh someone's 25 memory, you show them a document. During the massage Jeff asked you how old Do you want to rethink that answer? Do you want to try to refresh your memory Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 6901316 EFTA00234282 Case 9:08-cv-80804-KAM D • ent 1 Entered on FLSD Docket 07/21/2008 Page 60 of 100 * nsor & Associates Repnrans and Iranscripam, Inc Page 34 1 MR. TEIN: I know how to do this. 2 MR. LEOPOLD: Then show her a document. 3 MR. TEIN: Stop speaking. 4 MR. LEOPOLD: I'm not going to stop 5 speaking. I'm going to continue to make the 6 record. 7 MR. TEIN: You're obstructing. Please 8 stop. 9 MR. LEOPOLD: I'm not obstructing. But if 10 you want to refresh her recollection, you need to 11 show her something. 12 That's not a proper question. I object to 13 the foundation and the predicate of that question. 14 MR. TEIN: Are you done? 15 MR. LEOPOLD: I am now. Thank you. 16 BY MR. TEIN: 17 Q. Do you want to try to refresh your memory 18 as to whether you had any conversation with the woman who 19 walked you upstairs in Epstein's house in which you told 20 her that you went to college and had just moved down from 21 Ohio? 22 MR. LEOPOLD: Objection. Object to the 23 form of the question. Lack of foundation and 24 predicate. 25 BY MR. TEIN: Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 6001316 EFTA00234283 Case 9:08-cv-80804-KAM ent 1 Exiterpd on FLS.D Docket 07/21/2008 Page 61 of 100 nsor & Associates Rcponinp and luau:ippon, Inc Page 35 1 Q. You can answer the question. 2 A. Sure. 3 Q. Is there anything that would refresh your 4 memory that in fact you told Mr. Epstein's assistant, the 5 one who walked you upstairs, that you went to college and 6 you had just moved down here from Ohio? 7 A. I don't remember saying that, but if you -- 8 I don't remember saying that myself, so -- 9 Q. That would be a lie, right? 10 A. No. I really don't remember. 11 Q. So you told Jeff that you were 18 years 12 old, correct? 13 A. Yes. 14 Q. Do you remember Detective Michelle Pagan of 15 the Police Department, Palm Beach Police Department? 16 A. Yes. 17 Q. Do you remember you spoke to her? 18 A. Yes. 19 Q. Do you remember that you told Detective 20 Pagan that when you lied about your age to Jeff you said 21 it :tally fast because you didn't want to make it sound 22 like you were lying? 23 A. I don't remember the words exactly, but I 24 do remember telling her I told him I was 18. 25 Q. And do you remember telling Detective Pagan Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 61 01 315 EFTA00234284 Case 9:08-cv-80804-KAM S ent 1 Entered on FLSD Docket 07/21/2008 Page 62 of 100 ReroranR end Transcriptim, Inc. nsor & Associates Page 36 1 that when you lied to Epstein about your age that you 2 said it really fast so Epstein wouldn't realize you were 3 ay:Jig? 4 A. No, I don't remember saying those words 5 exactly to her. I remember telling her that I told 6 Epstein I was 18. 7 4. Does it sound right to you that you told 8 Detective Pagan that you said your age really fast to 9 Epstein -- 10 MS. BELOHLAVEK: Objection. Asked and 11 answered. 12 BY MR. TEIN: 13 Q. -- so he wouldn't think that you were 14 lying? 15 MR. LEOPOLD: Objection. Asked and 16 answered, lack of foundation, mischaracterization 17 of her earlier testimony. She's already answered 18 that question. 19 BY MR. TEIN: 20 Q. You can answer it. 21 MR. LEOPOLD: Same objection. It's been 22 asked and answered. 23 You can answer. I'ye made the objection. 24 THE WITNESS: I forget the question, now. 25 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 6301316 EFTA00234285 Case 9:08-cv-80804-KAM pp¢rnent 1 Entered on FLSD Docket 07/21/2008 Page 63 of 100 nsor & Associates Repartunp and Transcripon. Inc 1 2 BY MR. TEIN: Q. Let me put it again. Page 37 3 Does it sound right to you that you told 4 Detective Pagan that when you lied about your age to 5 Jeffrey Epstein, you said it really fast because you 6 didn't want to make it sound like you were lying? 7 MR. LEOPOLD: Objection. Lack of 8 foundation, asked and answered. 9 THE WITNESS: I could have possibly said 10 that, yes. 11 BY MR. TEIN: 12 Q. You didn't want Mr. Epstein to know that 13 you were lying about your age, right? 14 A. Correct. 15 Q. You didn't want Mr. Epstein to know that 16 you were not 18 yet, right? 17 A. Correct. 18 Q. You wanted Mr. Epstein to believe that you 19 really were 18, right? 20 A. Correct. 21 Q. Do you remember when Mr. Epstein asked 22 where you went to school? 23 A. Yes. 24 Q. And you told Mr. Epstein you went to 25 Wellington, right? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 6701716 EFTA00234286 Case 9:08-cv-80804-KAM D (tient 1 Entered on FLSD Docket 07/21/2008 Page 64 of 100 o r nsor & Associates Repo:tap and Transc ri rim. Inc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 38 A. Yes. Q. Was that the truth? A. No. Q. In fact, you went to Royal Palm, right? A. Yes. Q. So you lied to Mr. Epstein again, correct? A. Yes. Q. Is Wellington the college that you told Jeff's assistant that you were attending? A. I don't remember having that conversation with her, so I wouldn't know if that's what I said. Q. That was a lie, though, wasn't it? MR. LEOPOLD: Objection to the form of the question, lack of foundation. You're making an assumption. She just answered you she can't tell you that. MR. TEIN: Speaking objection. And you well know that, Mr. Leopold. MR. LEOPOLD: She can't answer that question. The way you phrased that question, you're purposely making her not be honest in her testimony. She can't answer a question like that. She doesn't remember. So then you say, "So you were lying." That's improper and you know that. That's not a proper question. And any attorney Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 001316 EFTA00234287 Case 9:08-cv-80804-KAM Doc ment 1 Entered on FLSD Docket 07/21/2008 Page 65 of 100 l i nsor & Associates Repnrinp and Transcap:san. Inc 1 2 3 4 Page 39 that would do that to a witnesses or to a person that's sitting in this chair is not acting professionally. You can't ask a question like that. You can do it, but it's not proper. And 5 I'm sure you weren't trained that way, certainly 6 not ethically. 7 MR. TEIN: Will you stop? 8 MR. LEOPOLD: I'm not going to stop, 9 because the way you're asking that question is 10 improper and you know it. 11 MR. TEIN: You're losing your cool. 12 BY MR. TEIN: 13 Q. Ms. 14 MR. LEOPOLD: Trust me. I'm very calm. 15 When I lose my cool, you'll know it. 16 MR. TEIN: I do know it. 17 BY MR. TEIN: 28 Q. Ms. IIIIIIIIIII Mr. Epstein never asked you 19 to do anything other than massage him, correct? L0 A. Incorrect; because he asked me to take off 21 my bra, so that would be two things he's asked me to do. 22 Q. Other than asking you to take your bra off, 23 Mr. Epstein never asked you to do anything with him other 24 than massage, correct? 25 MR. LEOPOLD: Objection. Foundation, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 6501315 EFTA00234288 Case 9:08-cv-80804-KAM ent 1 Entered on FL$D Docket 07/21/2008 Page 66 of 100 nsor & Associates RepOrri (If and lanscripnnn, lnc 1 2 3 BY MR. TEIN: predicate. THE WITNESS: Correct. Page 40 4 Q. You told the police, in your words, that 5 you did not whack him off, right? 6 A. Correct. 7 Q. What does that mean? 8 A. Whack, like whacking off? 9 Q. Your term, what does that mean? 10 A. Masturbating. 11 Q. Mr. Epstein never tried at any time to grab 12 your hand, did he? 13 A. No. 14 Q. 15 anywhere, did he? 16 A. No. 17 Q. At no time did you touch Mr. Epstein's 18 penis, did you? 19 A. No. 20 Q. And he did not touch you, correct? 21 A. Incorrect. 22 Q. Well, you told the police, "At no time did 23 he touch me." Were you lying to the police then? 24 A. No. Well, I wasn't being fully truthful, 25 but I wasn't lying. Mr. Epstein never tried to put your hand Ph. 561.682.0905 - Fax. 561.682.1771 1655 Paim Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 6601316 EFTA00234289 Case 9:08-cv-80804-KAM D9Pyjnent 1 Entered on FLSD Docket 07/21/2008 Page 67 of 100 nsor & Associates Reporting and 'Transcription, Inc Q. Page 41 1 2 Michelle Pagan that "at no time did he touch me." Didn't 3 you say that to the police? 4 A. Yeah. 5 Q. 6 truthful. Is that what you're saying now? 7 A. Correct. 8 Q. And you're saying if you're not fully 9 trt.thful, that's not a lie. Correct? 10 A. You took that out of context like really 11 bad. I didn't mean like that. Touching my legs and 12 he never kept his hands to himself the entire time. 13 That's what I'm trying to say. 14 Q. You told the police, "At no times did he 15 touch me." You agree with that, correct? 16 A. No, I don't agree with that, because he did 17 touch me. 18 Q. Did you tell the police that he did not 19 touch you, yes or no? 20 A. It's a possibility, but I do not remember. 21 Q. Okay. And you did not have any type of sex 22 with Jeff, correct? 23 A. No. 24 Q. And you did not have any type of oral sex 25 with Jeff, correct? You told the police twice when you spoke to And you're saying that that was not fully Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 67°4316 EFTA00234290 Case 9:08-cv-80804-KAM D ent 1 Entered on FLSD Docket 07/21/2008 Page 68 of 100 nsor & Associates • konorons and Transcripon, Inc. Page 42 A. No. 2 Q. No type of intercourse with Jeff, correct? 3 A. Correct. 4 Q. All right. Let's talk about what happened 5 after the massage was over. 6 A. Okay. 7 Q. After the massage, you told Epstein that 8 you wanted to bring your twin sister back so she could 9 make some money, correct? 10 A. Incorrect. 11 Q. Your twin sister is right? 12 A. Correct. 13 Q. And you love very much, don't you? 14 A. Yes. 15 Q. And when you left the house you were joking 16 with the other girls, weren't you? 17 A. Incorrect. 18 Q. Well, when and the other girl in the 19 car that day made their statements to the police they 20 told the police that you were joking afterwards. Are you 21 saying that they were lying to the police about that? 22 A. No. But a question or -- questions from 23 -- like she asked me questions, but it wasn't 24 joking. She was kind of like in a happy way, like, "Oh, 25 what did you do? What did you do?" Like those kind of Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00234291 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 69 of 100 sor & Associates Reporting and Transcriponn. Inc Page 43 1 2 3 A. No. things, but it wasn't joking about it at all. Q. You joked about it, didn't you? 7 Q. 8 9 10 11 BY AR. TEIN: 4 Q. You said to "NI that if you did this 5 every weekend you'd be rich, didn't you? 6 A. No. That's what told me. You didn't tell that to MR. LEOPOLD: Objection. Asked and answered. THE WITNESS: No. 12 Q. After you left Epstein's house you took the 13 money and you went shopping with IIIIIIrand the other 14 girl in the car, correct? 15 A. Incorrect. I didn't spend any of the 16 money. 17 Q. You went to Marshall's, didn't you? 18 A. I went along, yes, but I didn't -- 19 Q. You went shopping with them at Marshall's, 20 didn't you? 21 MR. LEOPOLD: Objection. 22 THE WITNESS: I guess you could say that. 23 MR. LEOPOLD: Objection. Lack of predicate 24 and foundation. Mischaracterization of earlier 25 testimony. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 6901316 EFTA00234292 Case 9:08-cv-80804-KAM Dp ment 1 Entered on FLSD Docket 07/21/2008 Page 70 of 100 nsor & Associates Reportinp Ind ansc ru pawn, Inc Page 44 1 BY MR. TEIN: 2 Q. And IIIIII/bought a purse, right? 3 A. Yes. 4 Q. And you were with her the whole time at 5 Marshall's, correct? 6 A. Yes. 7 Q. Now tell me about when the federal 8 prosecutors told you about getting reimbursed. 9 A. I have no idea what you're talking about. 10 Q. Tell me about when the federal prosecutors 11 spcke to you about getting money you feel you're entitled 12 to from Mr. Epstein. 13 A. I don't know what you're talking about. 14 Q. Do you know who is? 15 A. No, sir. 16 Q. Did you ever meet with any federal 17 prosecutors? 18 A. I think -- yeah. I think they were -- I 19 think they were like FBI. 20 Q. Uh-huh. Did you meet with federal 21 prosecutors? 22 A. They came to my house one time, yes. 23 Q. When did they come to your house? 24 A. Very long ago. 25 Q. Was it this year, 2008? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 7001316 EFTA00234293 Case 9:08-cv-80804-KAM ent 1 ntered on FLSD Docket 07/21/2008 Page 71 of 100 sor l Associates Renaming and Transcription, lne. Page 45 1 2 3 A. I'd have to say at least two years ago or a 4 year ago, yeah. So it would be 2007, 2006; but it was a 5 while ago. 6 Q. 7 came to your house? 8 A. I'm trying to remember. I want to say four 9 people came. 10 Q. Did they give you their business cards? 11 A. If they did, I don't remember, and they 12 weren't toward me. Maybe my parents have them. I don't 13 know. 14 Q. Did they give you their cell phone numbers? 15 A. No. 16 Q. Did you ever speak to them on their cell 17 phones? 18 A. No, sir. 19 Q. Did they speak to your parents? 20 A. That's something you'd have to ask my 21 parents. 22 Q. Do you know whether they spoke to your 23 parent's? 24 A. No, sir. 25 Q. You have no idea? A. It was not this year, no. Q. Was it 2007? How many federal prosecutors or FBI agents Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 71 01316 EFTA00234294 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 72 of 100 nsor & Associates Reponinp and Transcripace. 1 2 3 4 5 6 7 8 9 10 11 12 A. answered. BY MR. TEIN: Q. Villafona, A. Q. your house? A. Q. you:: house? No, sir. MR. LEOPOLD: Objection. Asked So if I say the name to you Marie you don't know who that is? No, sir. How many women and how many men I want to say two ladies and two Page 46 and came to guys. come to Did someone name 13 A. I don't know names, sir. 14 Q. Do you know who ,n is? 15 A. No, sir. 16 Q. Do you know who Jeffrey Herman is? 17 A. Yes. 18 Q. That's the lawyer who first sued Epstein on 19 your behalf, right? 20 A. Yes. 21 Q. Has Mr. Herman advanced your family any 22 money? 23 MR. LEOPOLD: Any conversations that you've 24 had with Mr. Herman regarding that issue, you are 25 not to disclose. If you've learned in some other Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 nol316 EFTA00234295 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 73 of 100 sor & Associates Rcpt-irons and Transcription. Inc. 1 2 Page 47 fashion, you may answer. THE WITNESS: Okay. 3 I wouldn't know. 4 BY MR. TEIN: 5 Q. You don't know? 6 A. No. 7 MR. LEOPOLD: Objection. Foundation. 8 Attorney/client privilege. 9 BY MR. TEIN: 10 Q. And you say you don't know whc 11 is? 12 A. No, sir. 13 Q. Does it refresh your recollection that he's 14 the number two prosecutor at the U.S. Attorney's Office? 15 A. No. 16 Q. That he's boss? 17 A. No. 18 Q. Does it refresh your memory that he's the 19 ex-partner of Jeff Herman, the first lawyer who sued 20 you -- sued Mr. Epstein on your behalf for fifty million 21 dollars? 22 A. No, sir. I don't know who he is. 23 Q. Without telling me any conversations that 24 you've had with your lawyers, how is it that you selected 25 Mr. Herman as your lawyer from the 81,000 members of the Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 not EFTA00234296 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 74 of 100 nsor & Associates Reportiny and lranscrirrix, inc Page 48 1 Florida Bar? 2 A. I did not select him. 3 Q. Who did? 4 A. My father. 5 Q. Did you ever meet Mr. Herman? 6 A. Once. 7 Q. Don't don't tell me what you discussed 8 with him. Where did you meet him? A. I was shopping in my -- he showed up at my friend's house. Q. Whose house? A. My friend Q. Is that from the Quarterdeck Tavern? A. Yes. Q. And did you have a meeting with him at house? A. Yes. I guess you could say that. Q. And who else was there? A. My Aunt Q. And what was that meeting about? MR. LEOPOLD: Objection. That calls for attorney/client privilege. BY MR. TEIN: Q. What discussions did you have with Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 7401315 EFTA00234297 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 75 of 100 nsor & Associates Rept-wimp and 'Inlaid ripm, lac. Page 49 1 Mr. Herman in the presence of MEM? 2 A. None. 3 Q. What discussions did you have in the 4 presence of her aunt? 5 A. Of my aunt? 6 MR. GOLDBERGER: It's the witness's aunt. 7 BY MR. TEIN: 8 Q. Oh, of your aunt. 9 A. The only one that we've ever discussed or 10 ever had. 11 Q. And so you were in a conversation with 12 Mr. Herman and your aunt? 13 A. Yes, sir. 14 Q. And you discussed privileged matters during 15 that conversation? 16 MR. LEOPOLD: Object to the form. I think 17 you might have to educate her on that question. 18 BY MR. TEIN: 19 Q. You discussed the lawsuit? 20 A. Yes. 21 Q. Did tell you about any 22 conversations that she had with Mr. Herman? 73 A. As far as I'm concerned, she's never spoken 24 or she's never had a conversation. She only opened the 25 door and then left. She's the one who answered the door. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 noun EFTA00234298 Case 9:08-cv-80804-KAM D ent 1 Entered on FLSD Docket 07/21/2008 Page 76 of 100 nsor & Associates Reportunp and Transcription, ln< Page 50 1 Q. Why did the meeting take place at 1IIIIIIIIII 2 IIIIIIIpouse? 3 A. I spent the night that night at her house. 4 Q. And when was this? 5 A. A while ago. 6 Q. How long ago? 7 A. A month and a half ago. I'm guessing. 8 Q. A month and a half ago? 9 A. Uh-huh. 10 Q. So was it before of after Mr. Herman filed 11 the fifty-million-dollar lawsuit against Epstein? 12 A. After. 13 Q. Did you meet with an FBI agent named 14 Nesbitt Kurkendall, a woman? 15 A. I don't know. 16 Q• Did Ms. Kurkendall speak to you about 17 getting reimbursed from Mr. Epstein? 18 A. I've never had a discussion with anyone 19 about getting reimbursed from Mr. Epstein. 20 Q. Have you met with an agent named 21 22 A. Not to my knowledge. 23 Q. How about an agent named 24 A. No, sir. 25 Q. How about an agent named Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 7601 16 EFTA00234299 Case 9:08-cv-80804-KAM Do ent 1 Entered on FLSD Docket 07/21/2008 Page 77 of 100 nsor & Associates Rerew:ins and 'transcription, Inc Page 5] A. No. 2 Q. And we've learned that many of the girls, 3 some of whom are as old as 23, were told by the 4 government that they would get money at the end of the 5 criminal prosecution. Does that sound familiar to you? 6 A. No, sir. 7 Q. Other than Mr. Leopold here -- I'm not 8 asking about Mr. Herman either -- 9 A. Uh-huh. 10 Q. -- did anyone ever discuss with you that 11 yol.. could get reimbursement for your damages? 12 A. No, sir. 13 Q. Did you or any member -- 14 MR. LEOPOLD: Are you referring to a 15 criminal matter or a civil matter? 16 BY MR. TEIN: 17 O. Did you or any member -- 18 MR. LEOPOLD: Excuse me. Let me object to 19 the form of the question. 20 BY MR. TEIN: 21 Q. Did you or any member of your family ever 22 get a victim notification letter from anyone? 23 A. I no longer live at that residence and I 24 wouldn't know. 25 Q. So your testimony is that you have never Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 n(0316 EFTA00234300 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07)21:2008 Page 78 of 100 sor & Associate t Roponiig and intrtseriptice, Asc. Page 52 1 rAgmlopcd a victim notification letter, correct? 2 rect. 3 Q. And your testimony is that you don't know 4 if your parents have ever received a victim notification 5 letter, correct? 6 A. Correct. 7 Q. Have you given any evidence to prosecutors . 8 or law enforcement in this case? 9 A. What do you mean by evidence? 10 Q. Well. Anything that you can touch or feel. 11 A. No. 12 MR. LEOPOLD: Objection to the form of the 13 question. 14 BY MR. TEIN: 15 Q. So you haven't given anything physical -- 16 A. No. 17 Q. -- any item to any prosecutor, police 18 officer or law enforcement agent, correct? 19 A. My cell phone four years ago or three years 20 ago, but that's it. 21 Q. You gave your cell phone to whom? 22 A. Michelle Pagan. 23 Q. Did she keep it? 24 A. Ask her. 25 Q. You gave it to her and then you didn't get 78ol316 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00234301 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 79 of 100 nsor & Associates Reporting and Transcription. Inc Page 53 1 it back at the end of the meeting? 2 A. No. They -- yeah. No. They have it. I'm 3 guessing. I don't have it. 4 Q. How much money are you hoping to get out of 5 Mr. Epstein? 6 MR. LEOPOLD: Objection to the form of the 7 question. Attorney/client privilege. 8 BY MR. TEIN: 9 Q. How much money are you hoping to get, you, 10 yourself, hoping to get out of Epstein? 11 MR. LEOPOLD: Same. Same objection, 12 attorney/client privilege. 13 Don't answer the question. 14 BY MR. TEIN: 15 Q. I'm not asking about what your lawyer told 16 you.