EFTA Document EFTA01695623

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EFTA01695623 LN RE: INVESTIGATION OF JEFFREY EPSTEIN NON•PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation ofTitle 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. §-2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); all in violation ofTitle 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) taveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in :8 U.S.C. § 2423(f), with minor females; in violation Pagel of 7 EFTA01695624 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, includingundertakingcertain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE., on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein williblly violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall Initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agteernerit. Adler timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 EFTA01695625 Terms of the Agreement 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMB) charging one (1) count of solicitation of prostitution, in violation of Pl. Stat § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county Jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs I and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA01695626 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8, If any of ffie refarid to in paragraph (7), supra; elect iu file suit pin-mid to 113 U.S,Ci §: 2255; Epstehs, will not contest the jurisdiclionOf the United.Stitai Diltrict Court for the Southern District ofFloridloverhis person and/or the subject matter, and Epstein waives hlitight te contest liability and also waives his right to contest &reaps up to an amount as agreed to between the identified Individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by theUnited States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages In any suit are not to be construed as an admission of any criminal or eivit lisliilitY- 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 1SU.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its tarns, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other. defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA01695627 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with theseprocedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the &Hurt to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any cri ' c against any potential co-co inters of E e' including but not limited to or In Rather, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA01695628 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the feet that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a chuge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a nen-wiry delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand Jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. / /I /// Page 6 of 7 EFTA01695629 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and apses to comply with them. K ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated: Dated: Dated: BY: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSThIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Pap 7 of 7 EFTA01695630 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he undastands the conditions of this Non• Prosecution Agreement and agrees to comply with than. F. ALEXANDER ACOSTA UNTIED STATES ATTORNEY Dated: By: Dated: Dated: 7 / 2-4107 Dated: ASS. r ~l WRNEY LI&LYANN SANCHEZ ESQ. ATTORNEY FOR JEFFREY EPSTEIN Paso 7 of 7 EFTA01695631 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him Epstein hereby states dud he understands the condition of On Non- Prosecution Agreement and agora to comply with than. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By Dated: Dated: Dated qtOI- ASSI IM MI TMICEY JEFFREY EPSTEIN GERALD LEPCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA01695632 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement Is modified es follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7a. The parties will jointly prepare a short written submission to the Independent third-party regarding the tole of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or ha regular customary hourly rate for representing such victims subject to the provisions of paragraph C. in 61. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the-fees-and costs of contested litigation.filed against . if alter consideration of potential settlements, en attorney representative elects to file a contested lawsuit pursuant to IS U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA01695633 By signing this Addendum, Epstein Met and unites that the above has been read and explained to him. EP3toin hereby, stares that he understads the clarifications to the Nort- ProsecutiorrAgraanent and agrees to comply with them. R. ALEXANDER ACOSTA UNITEDSTATES ATTORNEY Dated: Dated: ile Dated: GERALD LEKOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY POR JEFFREY EPSTEIN EFTA01695634 By signing this Addendum, Epstein assorts end certified that the above has been read and captained to him. Epstein hereby states that he understands the clarifications to the Non. Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA &WED STATES ATTORNEY Dated: By: NEY Dated: JEFFREY EPSTEIN Dated: Dated: RAW LEFCOtRT ESQ. COUNSEL TO SEE EPSTEIN LILLY ANN SANCHEZ., ESQ. ATTORNEY FOR JEPPREY EPSTEIN EFTA01695635 - • I By signing this Addendum, Epstein asserts and Gadfly, that the above hu bowl read and explahmd to him. Epstein hereby states that ho understands the clarifications to the Non- Prosecution Agreement and agrees to comply with than. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: Dad: 01.1111 - JIMPREYEPSTEIN 613RALDLEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN YANNSANCHEZ, EST . ATTORNEY FOR JEFFREY EPSTEIN EFTA01695636 34:55na Fne-Fowl er-9M te Durrett Affirmation 3067272201 7-556 P.003/004 F-275 1.7e8iTy E. Epstein do hereby ie-eirem the NapProstectian Acreenemt 'ma Addend= :a Tame dezd Dauber 30, 2007, 4q- EFTA01695637 • . • d .i,•,•• • : ..; : I - ",;stktigt., ,..q, . • • . • : • • ""' y!ASK•er'SDInititlie:.J A ..... isaii ler.? STATE OEFLORIDA1,; ..•'. \ • Ent-lA): . - „ Drnairmartopcontsprioris .. Rateatillir WRITTEN MONTHLY nisei& • •• '''‘W• trizjetr -..c . ,..6. , .• yczit-rf..:•::11/2". n . EMPLOYER' 1 1 ; ) . . % .4% t ,....is • DOB • YOUR RESIDENCE ADDRESS: Okla* Name of Subdivision, Apartment Complex and Nsanber, -MobiltHopte-Park and Cot elumb ppplicaiWe):. S &I Ito Why • aln ten 334€0 . (Provide physical location-arose Office Box) TELEPHONE N o.V14 .(01 1G:242 ' • '• CELL(E.AR TELEPHONE Naar' 115(04 PAGER No. Vehicle Make/Model/Year/Tait is • • summon's NAN EMPLCiYEE'SADD EmPLOYEritemiriavi•No;--Ztra. rI • • ;4,- t .0- azauiOntispropiptN 9.• • .::• PAGER NO, • • .• ' 1••• *: • • • v4ti. ra t EMPLOYER EMafit• • • • • • • • - • • YOUR TOTAL MONEY EARNED BIONIELYfazliety4s.0.1., S to E. 4- • We; •• • •-":•••" 442 •• 4°:::•4,6,Pgriv._.,. Full time.P_- Part)ime • koutiVirerieeISI :Vx• Additional (2n°) employment Inforolaitormit lati ;tajW . • • . • • • . . names a dyour ragmnshtp to mesons who mei. e •:,:.em • • 10 1-4 -31 'ha (t e, rf • stave you consumed alcoholic beverages? Have you used or bought illegal drugs or controlled substances? Have you attended educational, vocational dames or mental. • health, drug, alcohol, therapy, or telt-improvement programs? . . - s ; .: • - . • .. -Cr .• (If yes, circle which one) - - : • . • • • -e Have you been arrested or had any contact with law enforcement during the * • bat?. I • 7 la.. . ... If yes, explain what happened on.separate sheet of paper, attached to report. • . . , • ' • ; • If you went into debt for any reason, explain: If not working, give reason and source of income: If you have any questions or problems to discuss with your Officer, exPlailli mne : - AV k T ' I YES •••.• .:, •• ..=1/.?.."".1:5: . i i • .8, .: , ••••,;:f •;ist....*,.:0 • , ,.• . • 0- --., • • •• • -X.-le:14 f • —,•••• •f.; ,-it.1 .• ce•e'• : - • -...::,:a—c Ls L'e*A".':''' . , • : • J • • •Xlita Aac rik : .. .. .., ....a. 4,00a . . i ?7,7 - lb tg ""rls, :; ;;;I:erft i • • : . ••!..:::- • ! . I " •••• • •-• " safe, • *.• r i If monetary obligation owed, amount paid this Month: :$ ' • • •1. ..?•••" vs. l•-*`,./.4.2 Receipts are available through your probation officer. DO NOT SUBMIT CASH OR PERSONAL CHKEPI Make money order payable to the Department of Corrections. • • • . :•._ • If monetary obligation owed and no payment made, give reason and date when payment will be made: • • • • •:. : • . .••••• . • •l•: • .1.1•471•0_ • I certify the above to be true sod etImplete • :me, 5i ' OlEici Signature of Officer It Date WMR Rootlet& Date WMR Due: Comments: WE " • • • ;.:•••ct. ::::•,...t.Z1:0 § :14' • 4: • Zip:. • k arapplIcablq EFTA01695638 .• • . • r•••••••07r " .2•41..... 2" • •• • • %Te ri, - 2..,:;0 •24 • o . • - a r- • • YOURNAME: Dflif4/351i YOUR RESIDER ADDaficilude game of ' Subdivision, Apartment Cohlida ait(Nantber, Mobile II Parkaga Ermid*rIPPlicalgoR erroCit..44 15bPt (Provide physical Ithastort-aCCEPlit Mat Box) TELEPHONE No. CriT" *( CELLULAR TELEPHONE No. . it I—C br -tifij_ PAGER No. • • • • Vehicle Atekendecel/liearaiffh "" • STATE OPFLORSA • . f DEPARTMENT otittancnews••• WRITTEN MONTHLY RERpRT EMPLOYER: SUER& ft'S NAME: MELO E ADDRESS: • 246; : AJSrbotan • . I Officer's Name: For Month Ending: Date/Time submitted: fb-..... ....-- EMPIAYER'STELEPHONE HONE No. ')46—cso fy CELLULAR TELEPHONENo PAGER Re ----- EMPLOYER EMAIL: — YOUR TOTAL MONEY EARNED MONTHLY: S. Nt•ii) (Gross Amount) Fall time /0 Part-dam Hours Worked _ Additlimal (2S) employment Information: nuts, ages, and your onship taglgersons wh r sided at u r care during this toggik —510 ,7 lave you consumed alcol;olte beverages? Have-you used or.bought illegal drugs or controlled substances? Have you attended eduesidorial, vocational classes or mental health, drug, alcohol, thisrapy, or self-improvement programs? (If yes, drcle which one). • . • Have you been arresteclor bad any contact with law enforcement during the last month? If yes, explain whit happened on separate sheet of paper, attached to report If yoti went into, debt for any season, explain: Una worldng, hive reason and source of income If you have any questions or problenu to discuss with your Officer, explain: YFS 0 LI CP 93. • If monetacylobligation owed, amount paid thin month: Receipts are available thretigh your probation officer. DO NOT SUBMIT. CASH OR PERSONAL CHECKS! Make money order payable to the Department of Corrections. If monetary obligation owed and no payment made, give reason and date when payment will be made: Official Use Only: Signiture of Officer Receiving Report: 1 Date WMR Received: Date WMR Due: Continents: C • eI certify the above to a ad • ". YonrEignsature: Maio cheeses 'VT CC- dor VnL •aies•Hia State c(- Zips art C Address: "3”P—E4001`• WaPPEcaNcil EFTA01695639 STATE OF FLORIDA DEPARTMENT OP CORRECTIONS • WRITTEN MONTHLY REPORT ;gfiun 54. YOUR RESIDENCE ADDRESS: (include Name of Subdivision, Apartment Complex and Number, 14Stegont raitirt N r, Vapplicable): 1.1in Ch (Provide physical location -Mr_Post Office Bat) TELEPHONE No.b155" CELLULAR TELEPHONE No. Do 44439 PACER No. Vehicle Malce/Modelflearfrag 0: EMPLOYER: SUPERVISOR'S NAME: EhIPLOYER'S ADDRESS: Officer's Name: For Month "c Datenime submittedt• • c.". 2.90 e. 400: Nan Ave. , ehke WecoFttirneartotiFt saYloi EMPLOYER'S TELEPHONE No. CELLULAR TELEPHONE No PAGER No. • EMPLOYER EMAIL: YOUR TOTAL MONEY EARNED MONTHLY: ' S 'Hors , (Gross Amount) Full.dmeS_ Part-tirne Hours Worked •. Additional (2s ) employment Information: • . • nrarbip to all personsjsresided at your redgladadngi:his mgatib T-S.s4 n . e • . • daye you consumed alcoholic beverages? Haveyou used or bought illegal drugs or controlled substances? Have you attended educhtioual, vocational classes or mental health, drug, alcohol, therapy, or self-improvement programs? (If yes, circle which one) Have you been arrested or had any contact with law enforcement during the last month? If yes, explain what happened on separate sheet of paper, attached to report. If you went Into debt for any reason, explain: If not working, give reason and source of income: If you have any questions or problems to discuss with your Officer. explain: . • :-, If monetary obligation owed, amount paid this month: S Receipts are available through your probation officer. DO NOT SUBMIT CASH OR PERSONAL CHECKS! Make money order payable to the Department of Corrections. If monetary obligation owed and no payment made, give reason and date when payment win be made: . Official Use Only: Signature of Officer Receiving Report: Dote WMR Received: Date WMR Due Comments: o S6AN 3 I (U I certify the above to be true and complete: Your Signature: Mailing Address: ckift sty: r State: ft. -Mr 3341tri• E-Mail Address Of applicable) EFTA01695640 VIOLATION OF PROBABTION JEFFREY EPSTEIN COUNT ill On or about Wednesday, August 19, 2009, at approximately 1635 hours, Captain George Frick of the Palm Beach Police Department was advised that Jeffrey Epstein was walking northbound on South Ocean Blvd in the area of Brazilian Avenue. Based on Capt. Frick's prior conversations with Florida Department of Corrections Probation Supervisor he made contact with him to discuss the possibility that this was a violation of Epstein's order of community control. Capt. Frick made contact with Probation Officer who advised that in his opinion that this was a violation and that based on FSS 948.06, Jeffrey Epstein should should be taken into custody and arrested. Capt. Frick advised that he needed a copy of the Order of Community Control in hand prior tomli arrest. At 4:42 p.m., Capt. Frick received the order via email. Capt. Frick reviewed the order and responded to the area where Epstein was observed walking. Capt. Frick advises that at approximately 4:53 p.m., he observed Epstein walking southbound on South Ocean Blvd near the intersection of Barton Avenue. At 4:55 p.m., Capt. Frick requested a marked unit respond to Clarke Avenue and South Ocean Blvd the location where he made contact with Epstein. Capt. Frick observed that Epstein was wearing dark sweat pants and a white t-shirt, also noting that was sweating profusely. As Capt. Frick approached, he identified himself and began an on-scene investigation which he documented in the CAD system, CAD #092310146, attached. Epstein advised Capt. Frick that his probation officer, had advised him he was allowed to walk to and from work, and that he was now en-route to work. He further advised that his work address was on Australian Avenue in West Palm Beach. Capt. Frick questioned Epstein as to why he was not on a direct route to his work, and why he was now walking south when he had just been walking north. Epstein stated that he had walked to the area of the North Bridge, but considered it too busy, therefore he was returning to the Middle Bridge to cross into West Palm Beach. Note: At this point Jeffrey Epstein was 1.4 miles north from his home, and 6.5 miles east from his office. At 4:45 in the afternoon, with the average mile walk taking approximately 20 minutes a mile, Jeffiey Epstein would have made it to his office sometime around 7:00 p. m., which would most likely be after closing. Capt. Frick noticed that Epstein's location was not on any direct route from to the West Palm Beach business address, he made contact with..arvisor • ' ce to confirm the information provided to him b Probation Officer Following abrief description of the ongoisivents, made contact with Ca 1. Frick did not speak directly to at this time, but advised that had given permission for Epstein to walk to work, that this time of day was consistent with Epstein EFTA01695641 traveling to work, and th ough Epstein was clearly not on a direct route to the West Palm address, she did not consider this a violation of his community control. Capt. Frick questioned to what details were provided on Epstein's . K weekly schedule, and I was advised that Epstein should have his schedule • I II on Capt. Frick noticed that Epstein did not have any schedule on his person. • id not have the schedule to review s receiving bihy • • phone. Based on the informatio s provided a by would not consider Epstein for a Violation of Probation. On 8/20/09, Capt. Frick made contact with Probation Officer She advised Capt. Frick that based on her prior contact with Fill ahe was in compliance with the terms of his probation. Capt. Frick then questioned s to why he could be so far off a direct route and how much detail was included in this weekly schedule. She advised there was not much detail on the schedule or about the route. Capt. Frick advised that in order to avoid ongoing problems with Epstein that he would need a copy of his weekly schedule, and these schedules would have to be more detailed. Capt. Frick further advised that based on based on his observations, this was a clear violation of his i r community control, and that absent direct involvement yesterday, Epstein would have been arrested for the VOP. advised Capt. Frick that she would meet with her supervisor and attempted to provide Epstein's schedule to him as well as improve the detailed information contained on the schedule. A review of the daily Department of Corrections log that is submitted by Epstein, indicated that he was at his office from 8:00 am to 10:00 pm that date. It appears that he falsified the document, because according to the above incident he was first walking to work at 4:45 p.m., which was totally in conflict with him already being at work at 8:00 am. Additionally the statement made by his then probation officer that Epstein usually goes to work that time is also false and contradictory to his daily logs. A review of the daily logs from the time he was released from jail to the date of his incident revealed that one day he left for work at 2:00 pm, and every other day he left prior to noon, with a majority of the days indicating between 9am and 10am. COUNT #2 On August 27, 2009, a FAA Certified Pilot who is in the employ of Jeffrey i E tein *th Jeffrey Epstein, and Jeffrey Epstein's at the West Palm Beach Airport. During a deposition of m ss on October 15, 2009, he testified to this flight. He stated that he flew Jeffrey Epstein, and to the Sikorsky's Helicopter Company located at 17900 Beeline Hwy, Jupiter, Fl. advised they stayed at the plant for 3 -4 hours, receiving a tour of the plant. indicated that the Sikorsky Company was looking for investors for a new helicopter they were developing. According to Epstein's pilot, they left for the excursion at 9:00 a.m., and did not go to the Science Foundation, a location where Epstein is required to be at as his place of business while under community control. There is no indication the Epstein ever worked for the Silcrosky Company which is 28 miles north west of his residence. Epstein EFTA01695642 traveled by air transportation to a place other then authorized via helicopter in violation of the terms of his community control. Up reviewing documents in the probation file it indicated that the date in question was August 27, 2009. The daily log for that date indicated that he went to the Palm Beach Airport at 8:00 and returned at 2:00 pm. According to an email from his assistant Story Cowles to Probation, he went to the Sikorsky plant for business. This was a violation of his community control that allows him to go to his business at 250 Australian Way, there is nothing indicated in the file or court file that he does business with Sikorsky and was allowed to fly to their manufacturing plant. COUNT #3 On September 14, 2009, a FAA Certified Pilot who is in the employ of Jeffrey Epstein, met with Jeffrey Epstein and at the West Palm Beach Airport. During a deposition of on October 15, 2009, he testified to this flight. He stated that he flew Jeffrey Epstein and via helicopter leaving the county of Palm Beach and landing in Miami-Dade County, Florida. The pilot left Epstein and n Miami, and it was unknown to him when or how they returned to Palm Beach. Jeffrey Epstein, left the county, via air transportation in violation of the terms of his community control. Up reviewing documents in the probation file it indicated that the date in question was September 14, 2009. The daily log for that date was not supplied and is missing; however, it appears that there was no court order allowing Jeffrey Epstein to fly out of the county that day, and according to the pilots deposition he left Epstein and his girlfriend in Miami and it was unknown to him how or when he returned. COUNT #4 On or about September 15, 2009, and through September 16, 2009, Jeffrey Epstein, a registered sexual offender, DOC#W35755, conspired with others to perpetrate a scheme for the sole purpose of intimidating a victim who was sexually battered by hint by making contact with the victim in violation of the terms of his community control. On September 15, 2009, the day before the deposition of Jane Doe #4, her attorney d counsel for Jeffrey Epstein entered into a written stipulation in which it was agreed that "Jeffrey Epstein will not attend tomorrow's deposition of his client, Jane Doe No. 4". Under no circumstances would he (Epstein) "be seen by his client". On September 16, 2009, Jane Doe #4 appeared for deposition in a civil matter where she is suing Jeffrey Epstein. She appeared at 1:00 p.m. at 350 Australian Ave. South, Suite 115, West Palm Beach, Florida and did so without the fear or being confronted by ursuant to the court stipulation. However, when the Victim and Attorney were in the lobby of above mentioned office building, they crossed paths with EFTA01695643 Jeffrey Epstein and his bodyguard. At that point, Epstein stopped walking and began to stare at the victim and ultimately intimidated the Victim Jane Doe #4, in violation of Florida State Statute 914.22. Jane Doe No. 4 was terrified, began crying and ran outside of the building. Epstein smirked at her and walked away. As result of this incident, Jane Doe No. 4 was unable to give her deposition. On that date Epstein through a sworn affidavit stated that he was aware of the protective motion and the deposition that was to take place at 1:00 p.m., he stated that he had a video feed of the deposition set up at his house and left work at 1:04 p.m., with his driver R( His daily probation log for that date indicated that he was at work, which is the ion of the deposition from 10:00 a.m., to 5:30 p.m., and did not go home until then. COUNT #5 On or about November 24, 2009, Jeffrey Epstein, a registered sexual offender, DOC#W35755, intentionally confronted Jane Doe #3, a victim who was sexually battered by him by making contact with her in violation of the terms of his community control. On October 30, 2009 Counsel for Jeffrey Epstein scheduled an IME examination of sexual battery victim Jane Doe #3, indicating the date, time and location where she was to appear for her IME pursuant to the ongoing civil litigation against Epstein. On November 5, 2009, the Court entered into a Joint agreed order, which stated that the Defendant Jeffrey Epstein will not attend the IME's or make himself seen by the Plaintiff's on the date of their IME's. On November 24, 2009, Attorneyfld her client Jane Doe #3, a victim of Jeffrey Epstein's appeared for her IME which started at 9:00 am and was supposed to conclude at approximately 5:30 p.m. The location of the IME was 250 S. Australian Ave., West Palm Beach, Florida. Attorney advised that, she and her client (the Victim) arrived at the above location, on the above mentioned date and time and made them-selves available for the above mentioned "IME". Attorney also advised that, her client is a cigarette smoker and took a number of cigarette breaks during the "IME". It was during one of these breaks, at about 4:15pm, that Attorney advised that, she and Jane Doe No. 3 (the Victim) walked outside of the building where e "IME" was being conducted to smoke a cigarette. While outside, Attorney advised that, she observed Jeffrey Epstein exit the same building through a door closest to where they were sitting on a bench. Attorney advised that, she and Epstein made eye contact at which time he glared at her and continued to walk in their direction. When it was obvious that Epstein was not going to stop, Attorney advised that, she stood up and placed herself between Epstein and her client (the Victim). Attorney continued to describe how Epstein EFTA01695644 made no attempt to alter his direction and in fact came as close as 5-7, feet crossing in front of her client (the Victim). Attorney also advised that, when Jane Doe No. 3 (the Victim) saw Epstein, she yelled out, "Oh God No!" and began to scream. She continued yelling "No! No! No!" and began to cry out loud. Attorney advised that, she quickly removed her client (the Victim) from the area, away from Epstein and eventually into the lobby of the building where she collapsed into a chair. After numerous attempts to calm Jane Doe No. 3 (the Victim), Attorney advised that, she was still visibly distraught and would not be able to proceed with the examination which was terminated. On that date Epstein stated that he was aware of the protective motion and the deposition that was to take place all day at his attorney's office. His dail robation lo for that date indicated that he was at his attorney's office at from 3:30 p.m., to 6:30 p.m. This would indicate that c ma e a specs trip ac - tot e office where the deposition was going on and for lack of better terms bumped into Joane Doe #3. This shows that his travels back to that location was intential and in conflict with his probation log. COUNT #6 • Florida State Licensed Investigators conducted a surveillance of Jeffrey Epstein. He was observed leaving his residence in his black Escalade, driven by his They were observed to leave the County of Palm Beach and drive directly to the Ocean 15 hotel located at 1500 Collins Avenue, Miami Beach, Miami-Dade County, Florida. Epstein was observed exiting his vehicle and greeting Attorney Alan Dershowitz. They remained at the hotel for ten minutes, leaving with Dershowitz and traveling to the Intercontinental Hotel located at 201 South Biscayne Blvd., Miami, Florida. The Intercontinental Hotel was inundated with media and security as the hotel was the host hotel for the New Orleans Saints who were playing in the Super Bowl on the following Sunday. Jeffrey Epstein remained at that location until 1:40 p.m., when he was observed leaving the front of the hotel by himself. He was picked up by his bodyguard in the Escalade and they drove North back to his residence. On that day Epstein called probation advising his officer that he needed to go to Walgreens for Bengay, nothing indicates on his daily log that he ever went to a Walgreens. The daily log for that day reflects he was at probation at 8:00 a.m., which was no true as he was under surveillance since 7:00 am. Additionally, the log indicates that he went to Miami at 9:00 am, and returned home at 10:00 pm. The facts are that he left for Miami at 10:20 am and returned home at approximately 2:30 pm. The log does not indicate who he went to Miami with, where he went when in Miami and who he met in Miami. EFTA01695645 COUNT #7 Feb 17, 2010, Jeffrey Epstein appeared for a Deposition if a civil matter where he is a defendant. Prior to the onset of the deposition, Epstein was seated in an office along with Attorney's Steven Jaffe and Court Reporter i=ii=i Jeffrey Epstein, engaged the attorney's in an unsolicited conversation where he stated "I like your other two, I don't like them, but I like and I would like to talk about s case. Maybe me, you and my attorney's can talk about s case soon because I like her." The attorney's did not respond to Epstein's statements, at which time =as wore Epstein in and began the deposition and testified as follows: Just a few minutes ago when you asked when you met her, you said, "I on't c e ever met her," so is that your testimony, that you don't know if you ever met Epstein: My testimony is very clear. I must assert the rights my attorneys have asked me to assert today, though her testimony under oath to the FBI is not what you represented it to be, to me, and the ladies and gentlemen of the jury who are watching this, hopefully. Form. We will get into that. EPSTEIN: Okay. When you first came into the room today, didn't you look at me and say "I like L.M." Isn't that the statement that you made to me? Form. Move to strike. EPSTEIN: I don't believe I said that. What is it that you believe you did say referencing- when you sat down in that seat prior to the cameras rolling? Form. Counsel, I was here during that whole time and I don't recall any such statement. You weren't in the room. EPSTEIN: I don't remember. I don't know. Sorry. EFTA01695646 So is it your testimony right now that you did not say to me "I like MI? EPSTEIN: That's — Objection. EPSTEIN: that's correct. Do you likeM? Form, predicate, and relevance. EPSTEIN: I would like to answer all your Questions here as I've... tried to do my best, however, my attorneys have advised me that I must assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment rights under the U.S. Constitution. The Court Reporter noted that she was just an eye witness to deponent Jeffrey Epst ' tting blatant perjury. She herself heard him say at least three times that he liked t By answering those questions in the manner he did and under oath, Epstein violated Florida State Statute, 837.02 Perjury in official proceeding, therefore committing a felony. COUNT #8 Do you know a man named Jean Luc Brunel? EPSTEIN: Can you spell it? He was at your house last week, does that remind you? a l Form, move to strike, culation, argumentative, harassing. Is there a question on the table, Mr. MR. Yes. Do you know him? EPSTEIN: Can you spell his name for me, please? I don't need to spell his name. Do you know who I'm talking about, Mr. Brunel? EPSTEIN: Sony, Mr. what? EFTA01695647 B-r-u-n-e-1. EPSTEIN: I would like to answer that question as well, but my attorneys have counseled me today I have to assert my Sixth Amendment rights, Fifth Amendment rights and Fourteenth Amendment rights under the U.S. Constitution or risk losing my right to effective representation. Note: Accordin to the monthly probation reports submitted by Epstein Jean Luc Brunel has anuary, February and March 2010. COUNT #9 Feb 17, 2010, Jeffrey Epstein a eared for a Deposition if a civil matter where he is a defendant. The court reporter wore Epstein in and began the deposition and testified as follows: Do you know EPSION: Doesn't ring a bell. Former housekeeper/employee of yours, worked at the Palm Beach house? EPSTEIN: ... Could. Don't know. So you would be unable to answer what lid for you? EPSTEIN: Yes. =If Are you aware that our investigator spoke with former or you, oafor you, out in California? EPSTEIN: No. Any reason why when asked about the activity that occurred in your house, he would tear up and say, "I was hoping to forget everything I saw"? MR. Objection, argumentative. Speculative. Assumes facts not in evidence. EPS] FIN: Again, the question? Is there any reason that when asked — EPSTEIN: I don't know who he is. Also, hearsay. EFTA01695648 This person that I asked you about, -is that somebody who has contacted you within the last six months? EPSTEIN: ... No. In taking a break and thinking about some of these questions, have you remembered who that person is, or still no real memory of him at all? EPSTEIN: No real memory. To the best of your knowledge, he never worked for you? MR Form. EPSTEIN: Not that I can recall, but there are lots of people who work for me, so... On Sunday the 25* day of October 2009, Private Investigator's met with nt his home in La Quinta, California. During his interview he acknowledged that hew or Jeffrey Epstein at the Palm Beach mansion from as his He stated that he could not divulge what he knows due to a confidentiality agreement he has with stein. In December 2009 just two months before E in's deposition, contacted the Investigators and Attorney d advised that Epstein's Attorney nes now representing him. By answering those questions in the manner he did and under oath, Epstein violated Florida State Statute, 837.02 Perjury in official proceeding, therefore committing a felony. COUNT #10 On March 10, 2010, Jeffrey Epstein submitted his daily log to the probation office the daily log indicated that he was at his office from 8 am to 7pm. On that same date, Private Investigators established surveillance at Epstein's residence at 7:00 am. At 9:00 am., the private investigators observed E stein's black Escalade Florida TagIfQ299OT exit the driveway, being driven by with Jeffrey Epstein seated in the rear seat passenger side. e vehicle was followed to Epstein's lawyer's office located on Australian Way arriving at approximately 9:30 a.m., an hour and half after the time was indicated on his daily log. At 4:14 p.m., the investigators observed Epstein's Escalade exit his residence driven by with no other occupants observed. The vehicle was followed to the intersection of Banyon and North Olive, where it remained occupied by the bodyguard and parked. Ban ot and North Olive is approximately five (5) miles southeast from Epstein's office. pulled off the roadway and remained in the vehicle for an hour and twenty-one minutes. At 5:35 p.m., it appeared that Jeffrey Epstein exited the Wachovia Bank building located at 303 Banyan Blvd., and entered his vehicle, EFTA01695649 driving off with his bodyguard. Epstein arrived home at approximately 6:00 pm. A review of the daily log submitted by Epstein that date, revealed that he was at his office until 7:00 p.m., showing no other locations, which appears that he filed a false daily log for that particular date. EFTA01695650 1 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR 2 PALM BEACH COUNTY, FLORIDA 3 CASE NO. XXXX MB AB 4 5 6 Plaintiff, 7 vs. 8 JEFFREY EPSTEIN, 9 10 11 12 Defendant. VIDEOTAPED DEPOSITION OF JEFFREY EPSTEIN TAKEN ON BEHALF OF THE PLAINTIFF 13 14 15 16 17 18 19 DATE: February 17, 2010 20 21 22 23 24 25 EFTA01695651 2 1 February 17, 2010 2 3 WITNESS 4 JEFFREY EPSTEIN 5 BY MR. 6 INDEX DIRECT CROSS REDIRECT RECROSS 4 EXHIBITS 7 FOR IDENTIFICATION PAGE 6 1 Jane Doe number 102 versus Jeffrey Epstein complaint. 35 9 2 Document, Nonprosecution Agreement. 135 10 11 12 13 14 15 16 17 18 '19 20 21 22 23 24 25 CERTIFIED QUESTIONS Page Line 61 22 123 20 146 14 148 1 153 5 159 13 162 3 EFTA01695652 3 1 The videotaped deposition of JEFFREY 2 EPSTEIN in the above-entitled and numbered cause, 3 was taken before me, S a Registered 4 Professional Reporter and Notary Public for the 5 State of Florida at Large, at 444 West Railroad 6 Avenue, in the City of West Palm Beach, Palm 7 Beach County, in the State of Florida, beginning 8 at the hour of 11:15 o'clock a.m., pursuant to 9 the Notice in said cause for the taking of said 10 deposition which is annexed to the court file 11 herein, on behalf of the PLAINTIFF in the 12 above-entitled action pending in the above-named 13 court. 14 The appearances at said time and place 15 were as follows: 16 17 Attorneys for Plaintiff 18 Fort Lauderdale, Florida 333C1 Tel: 19 BY: ESQ. 20 21 Attorneys for Defendant 22 West Palm Beach, Florida 33401 Tel: 23 BY: ESQ. 24 ALSO PRESENT: Videographer 25 (U.S. Legal Support) EFTA01695653 4 1 THEREUPON, 2 JEFFREY EPSTEIN 3 being by first duly sworn to tell 4 the whole truth, as hereinafter certified, 5 testified as follows: 6 DIRECT EXAMINATION 7 BY MR. 8 Q Can you give us your name. 9 A Jeffrey Epstein. 10 Q Mr. Epstein, you made a comment when you 11 came in the room that you were appreciative of me 12 being respectful to your housekeeper yesterday 13 and I intend for that to be the same with you 14 today. 15 I want to start by asking you, at this 16 point we've gone through a lot of discovery in 17 this case. There aren't many disputed facts as 18 to what actually happened at your house. 19 Generally I think you would agree that you 20 derived a way for young females to come to your 21 house and engage in varying degrees of sexual 22 activity, some of the girls as young as 12, some 23 of them as old as seventeen or so, most in 24 between, but as of yet you haven't provided an 25 explanation. EFTA01695654 5 1 I want to provide you an opportunity to 2 tell the jury at this time why you did it. 3 MR. I'm going to object. 4 Confusing, compound and irrelevant, as 5 worded. 6 A You know, I would like to answer that 7 question, frankly. However, at this time, my 8 attorneys have told me that I can't and I must 9 invoke my Fifth, Sixth and Fourteenth Amendment 10 rights or I risk losing their counsel. 11 Accordingly, I therefore assert those rights. 12 Sorry. 13 MR. In addition to that I'll move 14 to strike counsel's statement as a 15 narrative, as well. 16 MR. I understand. I wanted to 17 provide him an opportunity, if today was 18 going to be the day. 19 MR. Same thing, move to strike. 20 Q Mr. Epstein, how long have you been 21 sexually attractive to underage minor females? 22 MR. Objection, harassing, 23 argumentative. 24 A Are you kidding? 25 Q No, I mean, I don't feel like I'm EFTA01695655 6 1 divulging any secrets here, right? 2 MR. Move to strike. 3 Q That's the question that's pending. 4 A I would like to answer that question as 5 well, as all your other questions today, however, 6 I have to follow my attorneys' advice. They have 7 told me I must invoke my Fifth, Sixth and 8 Fourteenth Amendment right to not answer those 9 questions today, or any questions relevant to 10 this lawsuit, so accordingly, I'm going to assert 11 those rights and -- under the constitution 12 guaranteed by the Fifth and Sixth, and Fourteenth 13 amendment. 14 Q Would you consider yourself addicted to 15 sex with minor females? 16 MR. Same objections. 17 A You know, Mr. again, I want to 18 be very respectful. As the current U.S. Attorney 19 has described your law firm as a criminal 20 enterprise and part of one of the largest frauds 21 in Florida's history, it has been reported that 22 your firm has fabricated multiple cases against 23 me in order to fleece unsuspecting investors out 24 of millions and millions of dollars, so 25 unfortunately at this time, although I would like EFTA01695656 7 1 to answer that question, on advice of counsel I 2 will have to refrain and assert my Fifth, Sixth 3 and Fourteenth Amendment right. 4 Q Can you then provide an explanation for 5 what relevance that soliloquy of yours has to, 6 whether or not you engaged in sex acts with 7 When she was a minor? 8 MR. Objection, no, he cannot. 9 Argumentative. Compound, harassing. 10 MR. Mr. with all due 11 respect, it was not my idea for him to give 12 this speech about a former RRA law firm I 13 was asking to elaborate on that. 14 MR. Counsel, I'm working with 15 your follow-up question. 16 MR. I understand. 17 MR. I'm objecting, object to the 18 form and stating the reasons on the record 19 why the form is required to be objected to, 20 based upon your question. 21 MR. Will he elaborate on the 22 relevance of that soliloquy to his touching 23 glip when she was 13, 14 and 15 years old in 24 a sexual manner? 25 MR. I'm going to object again, EFTA01695657 8 1 argumentative, compound, harassing and 2 irrelevant. 3 Q You can answer. 4 A I would like to answer, however, I'm 5 going to have to assert my Fifth Amendment, Sixth 6 Amendment, Fourteenth Amendment right as advised 7 by my counsel, otherwise I risk losing their 8 advice. 9 Q Mr. Epstein, have you ever been 10 diagnosed with a sex addiction to minors by a 11 psychologist or other medical professional? 12 A I intend to respond to all of your 13 questions at some relevant time; however, today 14 at the present time, my attorneys have counseled 15 me that I cannot provide answers to any questions 16 relevant to this lawsuit and I must accept their 17 advice or risk losing my Sixth Amendment rights 18 to effective representation. 19 Accordingly, I assert my Fifth, 20 Federal -- Fifth and Sixth and Fourteenth 21 Amendment rights, to the United States 22 Constitution. 23 MR. In addition to that, Mr. 24 as the Court has ruled on several 25 matters, Mr. Epstein's medical history is EFTA01695658 9 1 not relevant at this time nor has he placed 2 same at issue in this case. 3 MR. Understood. 4 Q Mr. Epstein, were you sexually abused as 5 a minor? 6 A Again? 7 Q Were you sexually abused, as a minor? 8 A You know, again, I would like to respond 9 to all -- if any questions seem to be relevant. 10 I would like to respond to any relevant question 11 at this time; however, my attorneys have 12 counseled me that I cannot provide answers to the 13 questions relevant to this lawsuit today. I must 14 accept their advice or risk losing my Sixth 15 Amendment right to effective representation. 16 Accordingly then, I assert my Fifth, Sixth and 17 Fourteenth Amendment right to the United States 18 Constitution. 19 Q Isn't it true that you have engaged in 20 some sexual interaction with hundreds of underage 21 minor females in the last ten years of your 22 life? Is that true? 23 N.R. Objection, relevance. 24 A Mr. the current U.S. Attorney 25 has described your law firm as a criminal EFTA01695659 10 enterprise and part of the largest fraud in 2 Florida's history. It has been reported that 3 your firm fabricated multiple cases, many, many 4 multiple cases against me in order to fleece 5 unsuspecting investors out of millions and 6 millions of dollars. Unfortunately, at this time 7 in response to your question, my attorneys have 8 advised me that I must assert my Sixth Amendment, 9 Fifth Amendment, Fourteenth Amendment right. 10 Though, I believe, you know, that I would really 11 like to answer your questions today, but at this 12 moment I must assert those rights or risk having 13 my attorneys resign. 14 Q You're invoking your Fifth Amendment 15 rights to each of these questions because you 16 know your answers will incriminate you and you 17 feel it will result in you being prosecuted for 18 your crimes; isn't that right? 19 MR. Objection, argumentative, 20 harassing. Calls for a legal conclusion. 21 Q You can answer. 22 A No, in fact, the Supreme Court recently 23 said the Fifth Amendment right is there to 24 protect the innocent, so, that's the way I would 25 like to answer that. EFTA01695660 111 1 Q Are you actually telling the jury that 2 you didn't commit the crimes that have been 3 alleged against you by the various females that 4 were under age when you engaged in sex with 5 them? Are you telling the jury that right now? 6 MR. Objection, argumentative, 7 harassing. 8 A I would like to respond to that 9 question, as you know, however, at the present 10 time my attorneys have counseled me that I cannot 11 provide answers to any questions relevant to this 12 lawsuit and I must accept their advice or risk 13 losing my Sixth Amendment right to effective 14 representation. Accordingly, I assert my Fifth, 15 Sixth and Fourteenth Amendment right under the 16 United States Constitution. 17 Q Mr. Epstein, you understand that this is 18 the video that will be played to the jury in 19 trial against you and IIII wants answers. 20 The jury is going to want answers, so I know that 21 you're telling us that you're going to respond at 22 some time in the future; but the time is now. 23 Would you like this opportunity to explain why 24 you engaged in sexual activity with IIII 25 beginning when she was 13 years old and you were EFTA01695661 12 50 years old? 2 MR. I'm going to object once 3 again. We are getting way too argumentative 4 with the questioning. The questioning is 5 compound. It is speculative and it is also 6 harassing. Whether or not this deposition 7 video, thereof is played in front of a jury 8 is a question of fact, and it will be 9 determined by a judge pursuant to a motion 10 in limine, various portions thereof may or 11 may not be played, so having placed those 12 objections on the record I'm going to 13 instruct Mr. Epstein not to answer that 14 question. 15 MR. Mr. I don't know if 16 you watched the 13 hours of harassing 17 questions to that she sometimes 18 invoked her Fifth Amendment rights, I 19 understand the adverse advice that would be 20 given and she was made to answer these 21 questions and these exact same questions 22 were asked of her, in fact, I'm using the 23 phraseology from Mr. I'm not 24 trying to harass him. 25 Q I'm simply asking him to explain to the EFTA01695662 13 1 jury. If you're saying it didn't happen, if 2 you're saying it did happen, explain to the jury 3 why you did it. That's all I want to hear. I'm 4 being respectful about this. 5 MR. In an effort to keep a clean 6 record be respectful to the to the court 7 reporter rather than having a diatribe back 8 and forth between you and myself, I'll move 9 to strike your last statement as 10 irrelevant. Let's move on. 11 Q Is it true, Mr. Epstein, you were born 12 January 20, 1953? 13 A Yes. 14 Q Where? 15 A New York. 16 Q Where in New-York? 17 A Brooklyn. 18 Q Did you go to high school there? 19 A Yes, sir. 20 Q Where? 21 A Lafayette High School. 22 Q After high school did you attend 23 college? 24 A Yes. 25 Q Where was that? EFTA01695663 14 1 A New York. 2 Q What college did you attend? 3 A Cooper Union. 4 Q Sorry, I didn't hear. 5 A Cooper Union. 6 Q Did you get a degree from Cooper Union? 7 A No, sir. 8 Q How many years were you in college? 9 A I believe, two. 10 Q What did you study? 11 A Physics. 12 Q Why did you leave college early? 13 A I intend to respond to all relevant 14 questions regarding this lawsuit, however, at the 15 present time my attorneys have counseled me that 16 I cannot provide answers to questions that may be 17 relevant to this lawsuit, so accordingly I assert 18 my constitutional rights as guaranteed by the 19 Fifth, Sixth and Fourteenth Amendment. 20 Q Are you invoking your Fifth Amendment 21 rights as to why you left college, is it safe 22 then to presume that that answer you believe 23 would incriminate you in some way? 24 MR. I'm going to move to strike, 25 speculative, argumentative, harassing. EFTA01695664 15 1 Calls for a legal conclusion, and I know 2 exactly what you're trying to do here, yr. 3 is lace the record with questions 4 that would ultimately give you an adverse 5 inference at any potential trial of this 6 matter, so having put that on the record, 7 I'm going to instruct him not to answer that 8 question, based upon his Fifth, Sixth and 9 Fourteenth Amendment rights to the United 10 States Constitution. 11 MR. With all due respect you 12 cannot invoke his Fifth Amendment rights, 13 your attorneys instructed me in that fact 14 MR. He can. 15 MR. That IIII Had to do it 16 herself, so, I would like to hear it from 17 Mr. Epstein. 18 Q Can we assume you're invoking your Fifth 19 Amendment rights as to why you left college 20 early, that that answer you feel would 21 incriminate you? 22 MR. Once again, move to strike 23 for the same reasons. 24 You can answer. 25 A I've already answered the question. EFTA01695665 1 I'll restate the answer. I would like to 2 respond, intend to respond, and would like to 3 respond to all questions today. However, counsel 4 has advised me I must take the Fifth, Sixth and 5 Fourteenth Amendment right under the U.S. 6 Constitution. 7 Q After college where were you employed? 8 A You know, I would like to respond to all 9 your questions today, however, on advice of 10 counsel, I intend to take the Fifth, Sixth and 11 Fourteenth Amendment rights provided by the 12 United States Constitution or risk losing my 13 counsel's representation. 14 Q Isn't it true that you were a teacher at 15 the Dalton School in New York after college? 16 A Again, I would like to respond to all 17 your questions; however, my attorneys have 18 counseled me that I cannot provide answers to any 19 questions today regarding to this lawsuit so I 20 must accept their advice or risk losing my Sixth 21 Amendment right to effective representation. 22 Accordingly, I assert my Constitutional rights as 23 guaranteed by the Fifth, Sixth and Fourteenth 24 Amendment of the constitution. 25 Q Mr. Epstein, did you have sex with any 16 EFTA01695666 1 underage students while teaching at the Dalton 2 School? 3 A Could you repeat that? 4 Q Yes. Did you have sex with any underage 5 students while teaching at the Dalton School in 6 New York? 7 A Mr. your firm has been 8 described by the U.S. Attorney as one of the 9 largest -- as a criminal enterprise, perpetrating 10 one of the largest frauds in Florida's history. 11 It has been reported that your firm fabricated 12 multiple cases against me and others in order to 13 fleece unsuspecting investors out of millions and 14 millions of dollars. 15 Unfortunately at this time in response 16 to your question, my attorneys have advised me I 17 must assert my Fifth Amendment, Sixth Amendment 18 and Fourteenth Amendment rights, though I believe 19 you know I would like -- really like to answer 20 your questions but at this time I must assert 21 those rights or have my attorneys resign. 22 MR. Mr. I think you know 23 he has a couple of options here. He can 24 answer questions or he can invoke his Fifth 25 Amendment rights. This nonresponsive 17 EFTA01695667 18 1 verbiage regarding the RRA law firm is not 2 one of the options, it's inappropriate in 3 the deposition and I would ask you to 4 instruct your client not to obstruct this 5 process any further. I am not going to 6 terminate the deposition. I want it to 7 finish, but obviously this is going to be 8 the subject matter of some motion in the 9 courts and you know the judges will not 10 appreciate this. I would like to just move 11 this process along by eliminating that 12 portion of his answer. I understand what he 13 is saying. I get it, but that's not 14 something responsive to any of the questions 15 and I think you know it is inappropriate. 16 MR. I think the deponent is 17 answering the questions. If you believe the 18 responses are inappropriate and feel you can 19 take it up with the Court with the motion 20 you are speaking of, as you've done then you 21 can, as you've done several times before. 22 Q After leaving the Dalton School, is it 23 true that you began working as a money manager at 24 Bear Stearns? 25 A I intend to respond to all your EFTA01695668 1 questions regarding this lawsuit at some relevant 2 time, however, at the present time my attorneys 3 have counseled me that I cannot provide answers 4 to any questions relevant to this lawsuit. Since 5 the U.S. Attorney has described your law firm as 6 a criminal enterprise, Mr. and a part of 7 the largest fraud in Florida's history, I am 8 going to assert my Sixth Amendment, Fifth 9 Amendment and Fourteenth Amendment rights to the 10 U.S. Constitution. 11 Q Isn't it true that while you were 12 working at Bear Stearns you were already engaging 13 in sex with underage minors? 14 A Again, I believe you know the answers to 15 those questions, but -- 16 Q Yes. 17 A May I finish? 18 Q I do. 19 MR. Move to strike. Let the 20 witness -- 21 Q Sure -- 22 MR. Let the witness answer your 23 question. 24 MR. I would love for him to 25 finish the questions. 19 1 EFTA01695669 20 1 MR. Mr. as you know 2 there are serious Fifth, Sixth and 3 Fourteenth Amendment constitutional rights 4 at issue here, and the witness is attempting 5 to answer your questions to the best of his 6 ability, despite how laced they are with adverse inference presumptions. 8 MR. I don't want the adverse 9 inferences. I want the answers, that's it. 10 I don't want the adverse inferences. 11 MR. Having said that, please 12 allow the witness to answer to answer the 13 question. 14 A Can you please repeat the question? 15 Q Isn't it true while working at Bear 16 Stearns you were already engaging in sex with 17 underage minor females? 18 A As your firm has been described by the 19 U.S. Attorney, as a criminal enterprise, using 20 some of the cases fabricated against me, 21 personally, I would like to answer that question 22 today; however, upon advice of counsel I.must 23 assert my Fifth, Sixth and Fourteenth Amendment 24 rights under the U.S. Constitution or, in fact, 25 risk losing their representation. EFTA01695670 21 1 0 At some point in time while at Bear 2 Stearns you met and managed the money for a 3 fellow named correct? 4 A Again, I would like to answer all 5 questions relevant to this lawsuit, but today I 6 must assert my Fifth Amendment, Sixth Amendment 7 and Fourteenth Amendment right to the U.S. 8 Constitution. 9 Q In fact, I read in another deposition of 10 yours that you do not consider yourself to be 11 homosexual, correct? 12 A (No response.) 13 Q You've answered that question before, 14 correct? 15 A Correct. 16 Q Do you consider yourself to be 17 bisexual? 18 A No. 19 Q In any event, you did develop a sexual 20 relationship with at some point in 21 time; is that true? 22 A No. 23 Q Did you have a business relationship 24 with Mr. 25 A I intend to respond to all relevant EFTA01695671 22 1 questions. I would like to answer most of your 2 questions, Mr. today, however, 3 especially since your firm has been described by 4 the United States Attorney in South Florida as a 5 criminal enterprise purported to -- purported to 6 have put -- pulled off the largest fraud in 7 Florida's history, I would like to answer it, 8 however, my attorneys here today counseled me I 9 must assert my Fifth, Sixth and Fourteenth 10 Amendment right under the U.S. Constitution, 11 therefore I'm going to do that. 12 Q Are you saying because Rothstein, 13 Rosenfeld, Adler was determined to be a criminal 14 enterprise or somebody was running a criminal 15 enterprise out of that law firm, that is the 16 reason why you are not going to answer these 17 questions today? You linked that together in 18 that answer. I just want to make sure I'm 19 understanding that right? 20 A I'm going to take the Fifth -- I intend 21 to respond to all relevant questions today. I 22 would like to respond; unfortunately my attorneys 23 have counseled me I can't, I must assert my 24 Fifth, Sixth and Fourteenth Amendment rights 25 under the U.S. Constitution. EFTA01695672