EFTA00702759.pdf
From
To: Jeffrey Epstein
EFTA01114355.pdf
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR PALM BEACH COUNTY CIVIL DIVISION CASE NO.: 502009CA040800 AG JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTHSTEIN, etc., et al., Defendant(s). ORDER ON PLAINTIFF'S RENEWED MOTION FOR PROTECTIVE ORDER RELATING TO HIS DEPOSITION THIS CAUSE having come before the Court upon the Plaintiff's Renewed Motion for Protective Order Relating to His Deposition, and the Court having heard argument of counsel, and being otherwise fully advised in the premises, it is hereby CONSIDERED, ORDERED AND ADJUDGED that the Motion is denied. However, the Defendant/Counter-Claimant, BRADLEY J. EDWARDS, may not use as a basis for further deposition of the Plaintiff the fact that his Counterclaim is not at issue at present. Furthermore, the Court does not rule on any "privilege" issues and counsel should raise those objections at the time of the deposition. If the Plaintiff believes that the deposition is proceeding in a bad faith manner or discovery is attempted in regard to issues which are either burdensome, oppressive or merely harassing, Plaintiff has the right to his remedies pursuant to Florida Rules of Civil Procedure, including but not limited to terminating the deposition and seeking a protective order as to specific questions in the deposition. Furthermore, this Court does not place any limitations on the manner, EFTA01114355 Epstein u. Rothstein Case No. 502009CA040800XXXXMBAG Order Page 2 method or mode of the taking of the deposition, including the fact that it may be taken by video. rit DONE AND ORDERED this 17 day of at West Palm Beach, Palm Beach County, Florida. DAVID F. CROW CIRCUIT COURT JUDGE Copy furnished: JACK SCAROLA, ESQUIRE, 2139 Palm Beach Lakes Blvd., West Palm Beach, FL 33409 JOSEPH L. ACKERMAN, JR., ESQUIRE, 777 S. Flagler Dr., 901 Phillips Point West, West Palm Beach, FL 33401 JACK GOLDBERGER, ESQUIRE, 250 Australian Ave. S., Suite 1400, West Palm Beach, FL 33401 MARC NURIK, ESQUIRE, One E. Broward Blvd., Suite 700, Ft. Lauderdale, FL 33301 GARY M. FARMER, JR., ESQUIRE, 425 N. Andrews Ave., Suite 2, Ft. Lauderdale, FL 33301 EFTA01114356
EFTA00083933.pdf
Confidential Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x Plaintiff, Case No.: -against- 15-cv-07433-RWS GHISLAINE MAXWELL, Defendant. x **CONFIDENTIAL** Continued Videotaped Deposition of GHISLAINE MAXWELL, the Defendant herein, taken pursuant to subpoena, was held at the law offices of Boies, Schiller & Flexner, LLP, 575 Lexington Avenue, New York, New York, commencing July 22, 2016, 9:04 a.m., on the above date, before Leslie Fagin, a Court Reporter and Notary Public in the State of New York. MAGNA LEGAL SERVICES 1200 Avenue of the Americas New York, New York 10026 (866) 624-6221 MAGNA 0 LEGAL SERVICES EFTA00083933 Confidential Page 2 1 2 APPEARANCES: 3 On Behalf of the Plaintiff: 4 BOIES SCHILLER & FLEXNER, LLP 333 Main Street 5 Armonk, New York 10504 BY: DAVID BOIES, ESQUIRE 6 BOIES SCHILLER & FLEXNER,LLP 7 Fort Lauderdale, Florida 33301 8 BY: MEREDITH SCHULTZ, ESQUIRE SIGRID McCAWLEY, ESQUIRE 9 SANDRA PERKINS, PARALEGAL 10 FARMER JAFFE WEISSING EDWARDS FISTOS & 11 LEHRMAN, 12 Fort Lauderdale, Florida 33301 BY: BRAD EDWARDS, ESQUIRE 13 14 PAUL G. CASSELL ES UIRE 15 at ace ity, to 16 J. STANLEY POTTINGER PLLC 17 South Salem, New York 10590 18 BY: STAN POTTINGER, ESQUIRE 19 On Behalf of Defendant: 20 HADDON MORGAN FOREMAN 21 Attorneys for Defendant 22 Denver, Colorado 80203 BY: JEFFREY S. PAGLIUCA, ESQUIRE 23 LAURA A. MENNIGER, ESQUIRE 24 Also Present: 25 MAGNAO LEGAL SERVICES EFTA00083934 Confidential Page 3 1 2 THE VIDEOGRAPHER: This is DVD No. 3 1, Volume II, of the continued video 4 recorded deposition of Ghislaine Maxwell 5 in the matter against 6 Ghislaine Maxwell, in the United States 7 District Court, Southern District of New 8 York. 9 This deposition is being held at 10 New York, New 11 York, on July 22, 2016 at approximately 12 9:04 a.m. 13 My name is Rodolfo Duran. I am the 14 legal video specialist. The court 15 reporter is Leslie Fagin, and we are 16 both in association with Magna Legal 17 Services. 18 Will counsel please introduce 19 themselves. 20 MR. BOIES: This is David Boies, of 21 Boies, Schiller & Flexner, counsel for 22 plaintiff. 23 MS. SCHULTZ: Meredith Schultz, 24 from Boies Schiller & Flexner, counsel 25 for plaintiff. MAGNA° LEGAL SERVICES EFTA00083935 Confidential Page 4 1 2 MR. EDWARDS: Brad Edwards, also 3 representing the plaintiff, 4 5 MR. POTTINGER: Stan Pottinger, 6 also representing the plaintiff. 7 MR. CASSELL: Paul Cassell, from 8 Salt Lake City, Utah, also representing 9 10 MR. PAGLIUCA: Jeff Pagliuca and 11 Laura Menninger, on behalf of Ms. 12 Maxwell. 13 And Ms. McCawley has also entered 14 the room, and we have an assistant from 15 Boies Schiller from the Fort Lauderdale 16 office here today as well today. 17 THE VIDEOGRAPHER: Will the court 18 reporter please swear in the witness. 19 GHI SLAINE MAXWEL L, 20 called as a witness, having been duly 21 sworn by a Notary Public, was 22 examined and testified as follows: 23 EXAMINATION BY 24 MR. BOIES: 25 Q. Good morning, Ms. Maxwell. When MAGNA 0 LEGAL SERVICES EFTA00083936 Confidential Page 53 1 G. Maxwell - Confidential 2 MR. PAGLIUCA: Why don't we both 3 stop making speeches. 4 BY MR. BOIES: 5 Q. Ms. Maxwell, let me use the term 6 that your lawyer used of sexual activities. 7 We've been talking about intercourse and 8 we've been talking about oral sex. 9 Did you engage in any sexual 10 activities with Mr. Epstein other than sexual 11 intercourse and oral sex? 12 MR. PAGLIUCA: Objection to form 13 and foundation. 14 A. Can you ask the question again, 15 please? 16 Q. Sure. 17 Did you engage in any sexual 18 activities with Mr. Epstein other than what 19 you have referred to as sexual intercourse 20 and oral sex? 21 A. No. 22 Q. Did you engage in any sexual 23 activities with anyone other than Mr. Epstein 24 at his home in New York? 25 MR. PAGLIUCA: Objection to form MAGNA° LEGAL SERVICES EFTA00083937 Confidential Page 54 1 G. Maxwell - Confidential 2 and foundation. 3 A. No. 4 Q. As you understand the term sexual 5 activities, what does that encompass? 6 A. In what context are you asking? 7 I'm not sure I understand the question. 8 "Sexual activities" meaning kissing or 9 something? 10 Q. Kissing, touching with hands or 11 mouths or other parts of your body. 12 A. That would form sexual activity 13 Q. Using sexual activity in that 14 sense, did you engage in sexual activities 15 with anyone other than Mr. Epstein at his 16 home in New York? 17 MR. PAGLIUCA: Objection to form 18 and foundation. 19 A. No. 20 Q. Whenever I use the term sexual 21 activities, I will be using it in the way we 22 just defined it. Do you understand that? 23 A. Yes. 24 Q. Did you engage in sexual activities 25 with anyone other than Mr. Epstein at Mr. MAGNA° LEGAL SERVICES EFTA00083938 Confidential Page 55 1 G. Maxwell - Confidential 2 Epstein's home in Palm Beach? 3 MR. PAGLIUCA: Objection to form 4 and foundation. 5 A. I did. 6 Q. With whom? 7 A. I don't actually have a name. 8 Q. Did you know the name at the time? 9 A. At the time I did. 10 Q. When was this? 11 A. Sometime in the '90s, the late '90s 12 and early 2000s. 13 Q. Was there more than one person with 14 whom you engaged in sexual activities other 15 than Mr. Epstein at Mr. Epstein's home in 16 Palm Beach? If the question is unclear, I 17 will rephrase it. 18 A. Yes. 19 Q. How many people other than 20 Mr. Epstein were there with whom you engaged 21 in sexual activities at Mr. Epstein's home in 22 Palm Beach? 23 A. A few. 24 Q. How many? 25 A. I don't have a number. MAGNA 0 LEGAL SERVICES EFTA00083939 Confidential Page 56 1 G. Maxwell - Confidential 2 Q. Approximately? 3 A. A few. 4 Q. More than ten? 5 A. A few is a few. 6 Q. Is a few more than ten? 7 A. A few is not more than ten. 8 Q. Is a few more than five, as you use 9 the term? 10 A. No. 11 Q. So it would be fewer than five 12 people? 13 A. It's a few people. 14 Q. But I'm saying, I'm trying to get 15 an understanding of what you mean by a few? 16 A. I understand that. 17 Q. And as you use the term few, can 18 that include more than five people? 19 A. I just said it's five or less and 20 it's a few. I'm not prepared to characterize 21 a number because I just don't have a number. 22 Q. Do you remember the names of any of 23 the people with whom you engaged in sexual 24 activities at Mr. Epstein's home in Palm 25 Beach? MAGNA° LEGAL SERVICES EFTA00083940 Confidential Page 57 1 G. Maxwell - Confidential 2 MR. PAGLIUCA: Objection to form 3 and foundation. 4 A. I do not. 5 Q. Can you describe any of the people 6 with whom you engaged in sexual activities at 7 Mr. Epstein's home in Palm Beach? 8 MR. PAGLIUCA: Objection to form 9 and foundation. 10 A. The description that I have is 11 somebody who is roughly my age, and I recall 12 a blond and I recall a brunette, and that's 13 pretty much what I recall. 14 Q. And the people that you recall as 15 people with whom you engage in sexual 16 activities at Mr. Epstein's home in Palm 17 Beach, male or female or both? 18 A. Female. 19 Q. Where in Mr. Epstein's home in Palm 20 Beach were you when you engaged in sexual 21 activities with the females that you have 22 referred to? 23 MR. PAGLIUCA: Objection to form 24 and foundation. 25 A. Master bedroom. MAGNA° LEGAL SERVICES EFTA00083941 Confidential Page 85 1 G. Maxwell - Confidential 2 only area that the witness was precluded 3 from talking about in the first 4 deposition. So that's where we're at. 5 MR. BOIES: I think that directly 6 misreads the judge's order, including 7 where it says: Defendant is ordered to 8 answer questions relating to defendant's 9 own sexual activity with or involving 10 Jeffrey Epstein, with or involving 11 plaintiff, with or involving underage 12 females, involving or including massage 13 with individuals defendant knew to be or 14 believed might become known to Epstein. 15 MR. PAGLIUCA: All of it is 16 preceded by the word sexual activity. 17 MR. BOIES: I think your point of 18 view is an interesting one, but we will 19 see what the judge rules on it. 20 BY MR. BOIES: 21 Q. The women that you have described 22 as joining you and Mr. Epstein in three-way 23 sexual activities, were these people who you 24 believed were professional masseuses? 25 MR. PAGLIUCA: Objection to form MAGNA° LEGAL SERVICES EFTA00083942 Confidential Page 86 1 G. Maxwell - Confidential 2 and foundation. 3 A. No. 4 Q. Did any of the women that you have 5 said engaged with you and Mr. Epstein in 6 three-way sexual activities give Mr. Epstein 7 massages? 8 MR. PAGLIUCA: Objection to form 9 and foundation. 10 A. I don't know. 11 Q. Did any of them give you massages? 12 A. No. 13 Q. Did you engage in any sexual 14 activities with either of these two people 15 that you've identified as the blond and the 16 brunette in the Virgin Islands? 17 MR. PAGLIUCA: Objection to form 18 and foundation. Asked and answered. 19 A. No. 20 Q. Were they ever in the Virgin 21 Islands? 22 MR. PAGLIUCA: Objection to form 23 and foundation. 24 A. No. 25 Q. Did you ever see any of the women MAGNA° LEGAL SERVICES EFTA00083943 Confidential Page 87 1 G. Maxwell - Confidential 2 with whom you and Mr. Epstein engaged in 3 three-way sexual activities outside of Mr. 4 Epstein's Palm Beach home? 5 A. Not that I recall. 6 Q. Had you met either of them prior to 7 the time that you and Mr. Epstein engaged in 8 the three-way sexual activities with them? 9 A. I don't recall. 10 Q. Had you met them before the date, 11 is what I'm asking you? 12 MR. PAGLIUCA: You already asked 13 that and she answered it. 14 A. I don't recall. 15 Q. When you and Mr. Epstein were 16 engaged in sexual activity that included 17 these other women, were any devices or sex 18 toys used as part of the sexual activity? 19 A. No. 20 Q. Were you ever involved in sexual 21 activities in Mr. Epstein's Palm Beach house 22 that included the use of sex toys or any kind 23 of mechanical or other device? 24 MR. PAGLIUCA: Objection to form 25 and foundation. MAGNA° LEGAL SERVICES EFTA00083944 Confidential Page 88 1 G. Maxwell - Confidential 2 A. No. 3 Q. Were you ever involved in sexual 4 activities in any of Mr. Epstein's properties 5 other than Palm Beach that included the use 6 of sex toys or any kind of mechanical or 7 other device? 8 A. No. 9 Q. Were you aware of the presence of 10 sex toys or devices used in sexual activities 11 in Mr. Epstein's Palm Beach house? 12 MR. PAGLIUCA: Objection to form 13 and foundation. 14 A. No, not that I recall. 15 Q. Were you aware that there were sex 16 toys or devices used in sexual activities in 17 Mr. Epstein's New York house? 18 A. No. 19 Q. Were you aware that there were sex 20 toys or devices used in sexual activities in 21 Mr. Epstein's property in the Virgin Islands? 22 MR. PAGLIUCA: Objection to form 23 and foundation. 24 A. No. 25 Q. Were you aware whether or not there MAGNA° LEGAL SERVICES EFTA00083945 Confidential Page 89 1 G. Maxwell - Confidential 2 were sex toys or devices used in sexual 3 activities in Mr. Epstein's property in the 4 Virgin Islands? 5 MR. PAGLIUCA: Objection to form 6 and foundation. 7 A. No. 8 Q. Do you know whether Mr. Epstein 9 possessed sex toys or devices used in sexual 10 activities? 11 MR. PAGLIUCA: Objection to form 12 and foundation. 13 A. No. 14 Q. Did you ever assist Mr. Epstein in 15 obtaining sex toys or devices used in sexual 16 activities? 17 MR. PAGLIUCA: Objection to form 18 and foundation. 19 A. No. 20 Q. In the 1990s and 2000s, did you 21 ever have possession of or use sex toys or 22 devices used in sexual activities? 23 A. No. 24 Q. Did you, in the 1990s and 2000s, 25 engage in sexual activities other than MAGNA° LEGAL SERVICES EFTA00083946 Confidential Page 90 1 G. Maxwell - Confidential 2 intercourse with women other than what you 3 have testified to already? 4 MR. PAGLIUCA: First of all, I 5 object to the form and foundation and 6 it's also outside of the court's order 7 because it's unclear as you question, 8 and I specifically direct you to the 9 last line of the court's order: Sexual 10 activity of third parties who bear no 11 knowledge or relation to key events, 12 individuals or locations in this case. 13 MR. BOIES: This simply asks yes or 14 no, and I think that it is an 15 appropriate question given some of the 16 witness' prior answers, but there is no 17 point in debating it, because if you 18 instruct her not to answer, the judge 19 will decide whether it's appropriate. 20 MR. PAGLIUCA: I'm just telling you 21 if you tie it to something in this case, 22 I will let her answer. 23 MR. BOIES: Are you instructing her 24 not to answer? 25 MR. PAGLIUCA: Yes, unless you tie MAGNA° LEGAL SERVICES EFTA00083947 Confidential Page 91 1 G. Maxwell - Confidential 2 it to something in the case. 3 MR. BOLES: I think it's tied, but 4 if you instruct her not to answer, it 5 goes into the -- 6 MR. PAGLIUCA: Meat grinder. 7 BY MR. BOIES: 8 Q. At any time in any of Mr. Epstein's 9 properties, did you engage in sexual 10 activities with any woman other than when you 11 had three-way sexual activities with 12 Mr. Epstein? 13 MR. PAGLIUCA: Object to the form. 14 A. Can you repeat the question? 15 Q. At any time, in any of Mr. 16 Epstein's properties, did you engage in 17 sexual activities with any woman other than 18 when you had three-way sexual activities with 19 Mr. Epstein? 20 MR. PAGLIUCA: Same objection. 21 A. No. 22 Q. Other than yourself and the blond 23 and brunette that you have identified as 24 having been involved in three-way sexual 25 activities, with whom did Mr. Epstein have MAGNA° LEGAL SERVICES EFTA00083948 Confidential Page 92 1 G. Maxwell - Confidential 2 sexual activities? 3 MR. PAGLIUCA: Objection to form 4 and foundation. 5 A. I wasn't aware that he was having 6 sexual activities with anyone when I was with 7 him other than myself. 8 Q. I want to be sure that I'm clear. 9 Is it your testimony that in the 1990s and 10 2000s, you were not aware that Mr. Epstein 11 was having sexual activities with anyone 12 other than yourself and the blond and 13 brunette on those few occasions when they 14 were involved with you? 15 A. That is my testimony, that is 16 correct. 17 Q. Do you remember testifying earlier 18 today that Mr. Epstein had, on a number of 19 occasions, tried to have you join in 20 three-way sexual activities with women other 21 than the blond and brunette that you 22 identified? 23 MR. PAGLIUCA: Objection to form 24 and foundation. 25 A. I don't know who he was wanting me MAGNA° LEGAL SERVICES EFTA00083949 Confidential Page 93 1 G. Maxwell - Confidential 2 to have a three-way with. It was in general 3 he wanted to have a three-way. It was 4 nothing specific talked about. 5 Q. Is it your testimony that other 6 than the blond and brunette that you have 7 referred to, you don't know of any particular 8 person with whom he wanted you and he to have 9 sex with? 10 A. Correct. 11 Q. But he talked to you generally 12 about wanting to do that? 13 A. Correct. 14 Q. And it is your testimony that you 15 believed that you were the only person that 16 he was having sex with or engaging in sexual 17 activities with other than on these few 18 occasions, this blond and brunette, is that 19 correct? 20 MR. PAGLIUCA: Object to the form. 21 Asked and answered. 22 A. That's what I said. 23 Q. Is that still what you say? 24 A. Yeah, that is still what I say. 25 Q. Do you know the reporter by the MAGNA° LEGAL SERVICES EFTA00083950 Confidential Page 112 1 G. Maxwell - Confidential 2 ever see 3 A. I don't recall ever seeing her. 4 Q. Did ever engage in any 5 sexual activity with you? 6 A. No. 7 Q. Did ever engage in any 8 sexual activity with Mr. Epstein? 9 A. I wouldn't know. I would assume 10 not, but I don't know. 11 Q. Do you have any reason to believe 12 that Mr. Epstein engaged in any sexual 13 activity with 14 MR. PAGLIUCA: Objection to form 15 and foundation. 16 A. I wouldn't know. 17 Q. Did you ever give a massage to 18 anyone other than Mr. Epstein at any of Mr. 19 Epstein's properties? 20 A. First of all, I never said I gave 21 Mr. Epstein a massage. 22 Q. I will ask that question if you 23 want, but I was focusing on people other than 24 Mr. Epstein right now. 25 A. I don't give massages. MAGNA° LEGAL SERVICES EFTA00083951 Confidential Page 113 1 G. Maxwell - Confidential 2 Q. Let's just tie that down. It is 3 your testimony that you've never given 4 anybody a massage? 5 A. I have not given anyone a massage. 6 Q. You never gave Mr. Epstein a 7 massage, is that your testimony? 8 A. That is my testimony. 9 Q. You never gave a 10 massage is your testimony? 11 A. I never gave a 12 massage. 13 Q. Did you, or to your knowledge, 14 Mr. Epstein pay for to go to 15 Thailand? 16 MR. PAGLIUCA: Objection to form 17 and foundation. 18 A. I am not aware. 19 Q. Do you know whether 20 went to Thailand? 21 A. I have no knowledge of anything 22 like that. 23 Q. Did you ever give anyone 24 instructions as to how to give a massage? 25 MR. PAGLIUCA: Objection to form MAGNA° LEGAL SERVICES EFTA00083952 Confidential Page 193 1 G. Maxwell - Confidential 2 closed. 3 If there are questions that I have 4 instructed the witness not to answer and 5 it later turns out the judge disagrees 6 with my characterization, we will be 7 back to revisit it, but we are done as 8 far as I'm concerned. 9 MR. BOIES: The deposition is not 10 closed. There are a number of 11 instructions not to answer. I think it 12 is a fair point that if the court were 13 to conclude that none of the questions 14 that have been instructed need to be 15 answered, we're not going to be 16 continuing the deposition, barring some 17 additional information coming to light. 18 MR. PAGLIUCA: I think we agree 19 then. 20 THE VIDEOGRAPHER: The time is 2:51 21 p.m., and we are going off the record. 22 (Time noted: 2:51 p.m.) 23 24 25 MAGNAO LEGAL SERVICES EFTA00083953
EFTA02004973.pdf
To: jeevacationiagmail.comfjeevacation©gmail.comb jeevacationegmail.comueevacationepgmail.com] From: Jean Luc Brunel Sent: Wed 10/3/2012 11:59:53 PM Subject: Fw: maintaining composure/behavior at deposition From: Jonathan David Sent: Wednesday, Oct r , : To: Jean Luc Brunel; Jeff Fuller Subject: Re: maintaining composure/behavior at deposition Jean-Luc, Also, I know I don't have to say it, but if and when talks shit, it will look bad if you interject. Let her hang herself, and quietly ask me to declare a recess (break), and we'll re-attack. Judges reading transcripts generally disapprove of outbursts like "Oh, that's a lie. She's lying!" or something like that. She knows that we know that she's lying, and it's up to me to ask her for each lie: "What do you have in writing that corroborates what you are saying? Do you have photos? What witnesses (names] will corroborate what you are saying?" etc... It's not going to be pretty. She is going to attack on every possible ground. But at issue in this case is (technically) only her embezzlement, and her defenses to that -- which include whether she has tried to create a situation where she can blackmail you into dropping the case. My office is at the street address below. 10 a.m. and sorry to say you have to park on the street. There will be plenty of time to address all questions. There is also the possibility that her attorney will instruct her not to answer certain questions and will could have to adjourn, then go to the judge, and then come back after a ruling... We just don't know how it will play out until the questions are asked... See you -JD The Law Office of Jonathan N. David, Esq., P.A. 1550 Madruga Ave., Suite 201 Coral Gables, FL 33146 EFTA_R1_00503526 EFTA02004973
EFTA00682333.pdf
From: Faith Kates
To: Jeffrey Epstein
EFTA00776251.pdf
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
)
)
Plaintiff, ) CASE NO.: 502008CA028051)OOO
EFTA01657825.pdf
From: " To:" Subject: Epstein, Part I Date: Fri, 22 Jan 2010 16:56:12 +0000 Importance: Normal Attachments: 20100104_Kuvin-Villafana Ltr001.pdf; 20100122_Kuvin_Ltr_re_Reiter Deposition.wpd Hi everyone. It is going to be an Epstein kind of day. Here is part 1. A couple of weeks ago, I forwarded a letter that I received from Spencer Kuvin (Ted Leopold's partner), who represents several of the Epstein victims, along with a proposed response. I received some comments back from Dexter, which I have incorporated. Can Bob or Ed take a look and give me a final okay and I will get this out today? I have attached both Kuvin's letter and my proposed response. <<20100104 Kuvin-Villafana Ltr001.pdf>> <<20100122 Kuvin Ltr re Reiter Deposition.wpd>> You will soon receive parts 2 and 3. Part 2 relates to a new letter from Roy Black and Part 3 relates to the Paul Cassell/Brad Edwards hunt for the "Black Book." Thank you. Assistant U.S. Attorney 500 E. Brow, ard Blvd, 7th Floor Ft Lauderdale, FL 33394 EFTA01657825
EFTA00600864.pdf
Amy Josefsberg Ederi 12990 S.W. 74 Court Miami, Florida 33156 (305)582-0119 Re: Jeffrey Epstein Billing Statement for October 1, 2009-October 31, 2009 October 1- Phone calls w/ ICE re depositions, clients status, evaluations, and misc Issues (General); Phone messages and call w/a); Emails re witnesses' prior Depositions and pending depositions; upcoming meeting, and case law (General); Articles related to Epstein (General)- .875 hrs; .125 his; .375 hrs; .375 brs- 1.75 hours October 2- Phone calls w/ SB re misc issues rc 9/25 mtg (General); Phone calls w/ KE re depositions, meetings, special master agreement, 9/25 mtg, trust, dec action, and other misc issues (.5-General; .125-111, .125e; Phone messages fromdirand tollIIIIIIRandill111111(reneral); Entails re 9/25 mtg, upcoming phone conference, upcoming meeting re witness, clarifications for all clients, special master agreement, and other misc issues (General); Review of Special Master Agreements (General)- .75 his; .75 hrs; .125 hrs; 2.75 hrs; .75 hrs- 5.125 hours October 3- Phone calls w/la; Phone messages and call w/MOORI); Emails re special master agreement, Comparisons/contrasts of special master agreements, and entails re other miscellaneous issues (General)- .125 hrs; .25 hrs; 1.25 hrs- 1.625 hours October 4- Phone messages and call w/ ICE and email w/ RCJ re special master agreement (General)- .125 Ins- .125 hours October 5- Phone calls and texts w/ SB re special master agreement, conference calls, status of cases, and other misc issues (General); Phone calls w/ KE and ACT's office and fax re special Master agreement (General); Phone calls w/E/IIMIlbre misc issues (General); Emails re raise issues (General); Conference call (General); Phone call w/ RCJ re misc issues (General); Phone calls w/ KE re mist issues (General)- .75 his; .125 hrs; .125 hrs; .75 his; 1.375 hrs; .125 hrs; .125 hrs- 2.375 hours October 6- Phone call w/ SB re conference call, Special Master Agreement, case status and other misc issues (General); Phone call w/ MOO; Texts w/ liar, Phone call w/ KE re Special Master Ageemerit, Tolling Agreement, 10/6 deposition, and other misc issues (General); Phone call w/ KE re a (AMMER); Revisions to Tolling Agreement and Special Master Agreement (General); Emails re rescheduling of depositions, pending depositions, I0/6 deposition, meeting re witness, Special Master Agreement, EFTA00600864 Tolling Agreement, evaluation, experts, and Epstein article (General)- .5 hrs; .125 firs; .125 hrs; .75 hrs; .125 hrs; .375 hrs; 1. hr- 3. hours October 7- Phone call w/ KE re victims (General); Revisions to Tolling Agreement and Special Master Agreement including w/ KE via phone (General); Revisions w/ SB re Tolling Agreement and Special Master Agreement (General); Revisions to Special Master Agreement and Tolling Agreement (General); Conference call w/ RCJ, SB, and KE re Tolling Agreement and Special Master Agreement (General); Phone Call w/ RCJ re meeting re witness (General); Phone call w/ KE re meeting w/ witness (General); Emails re Tolling Agreement, Special Master Agreement, depositions, conference call, and other misc issues (General)-125 hrs; 1.25 his; .75 hrs; .25 hrs; 1.375 hrs; .125 hrs;.25 hrs; .375; 4.5 hours October 8- Phone call w/ KE re Epstein deposition, conversation w/ Critton, Special Master and Tolling Agreements (General); Phone call w/ KE re misc issues (General); Phone call w/ SB re Agreements and Epstein deposition (General); Phone call w/ RCJ re RCJ's conversation w/ Critton (General); Emails re scheduling of depositions, Epstein's deposition, and KE conversation w/ Critton, and other misc issues (General); Review of and Emails re Special Master Agreement, Tolling Agreement, and attachments (General)- .5 hrs; .25 hrs; .125 hrs; .25 hrs; .625 hrs; .75 hrs- 2.5 hours October 9- Phone calls w/ SB re case status, strategy, and other misc issues (General); Phone calls w/ KE re case status and strategy (General); Conference calls w/ RCJ, KE, and SB and w/ KE and SB re case status, strategy and other misc issues (General); Phone call winger Emails re scheduling of depositions, 10/9 phone conference, and 10/10 phone conference, (General); Reading of plaintiff's motion for counsel's presence for IME (General); Fax, emails, and review of correspondence from Pike and review of correspondence to Pike, Critton, and Goldberger (General)- 1.125 hrs; .375 hrs; l.hr; .125 hrs; .25 his; .375 hrs- 3.25 hours October 10- Conference calls w/ RCJ, KE, and SB, conference calls w/ KE and SB, phone calls w/ SB, and phone calls w/ KE re correspondence from Pike, email from Critton, Special Master Agreement, clients' status, and other misc issues (General); Emails re phone conference and related issues (General)- 1.5 firs; .25 hrs- 1.75 hours October 11- Phone messages (including 10/10) and emails w/ 111.1); Emails re follow up to 10/10 phone conference (General)- .125 hrs; .25 hrs- .375 hours October 12- Phone calls/ walla; Messages w/ - and phone call w/ (am charge); Conference call w/ KR and SB re communications w/ Critton and Pike and other misc issues (General); Phone call w/ SB re raise issues (General); Emails re 111.111111, and Emails re conference call notes, settlement, and miscellaneous Issues (General); Email re RCJ/Critton caW, NPA, depositions, evaluations, Victims, and other miscellaneous issues (General)- .125 hrs; .125 hrs; .25 his; EFTA00600865 .125 brs; .125 his; .375 firs; .5 brs- 1.625 hours October 13- Conference w/ RCJ re communications w/ Critton (General); Phone calls w/ KE re agreement/release and other mist issues (General); Phone calls w/ RCJ re agreement/release and misc issues (General); Phone calls w/ SB re agreement/release and misc issues (General); Conference call w/ ICE and RCJ re Critton communications and agreement/release (General); Messages and a; Emails re depositions, notice of hearing, witnesses, Epstein deposition, evaluations, phone conference, and notes from conference w/ RCJ (General); Emails re correspondence from and to Critton re settlement and other raise issues (General); Emails r- Emails re f and SI 4S14; Read Epstein articles- .5 brs; 1.125 hrs; .125 hrs; .75 firs; .25 brs; .125 hrs; 1.375 brs; 1.25 firs; .375 brs; .25 lin; .125 hrs- 6.25 hours October 14- Phone call Phone calls and messages w/ Sandi* fia; Phone call w/ Phone calls w/ SB re correspondence w/ Critton and misc issues (General); Phone calls w/ KE re correspondence w/ Critton and misc issues (General); Phone call are misc issues (General); Phone calls w/ RCJ re Critton correspondence and misc issues (General); Emails re a aft; Emails re All.11); Ilkupdate and emails re update and phone conference OM; Emails re Critton's email, draft of response, response, and emails re same (General); Emails re evaluations, Epstein deposition, witnesses' depositions, cross notices, and subpoenas, pending motion and hearing, and other miscellaneous issues (General); - .125 his; .125 hrs; .25 bra; .125 hrs; 1.25 firs; 1. br; .25 hrs; .125 firs; .125 brs; .375 bra; 1.25 hrs; 1.5 brs- 6.5 hours October 15- Reading 4111111 (111t; Conference call w/ ICES. and S re-,; Phone calls w/ KE re agreement/release and other raise issues (General); Phone call w/ KE and SB re agreement/release (General); Reading of Critton'sand ISLIIMIMMI and releases (General); Review of agreement/release w/ SB and conference re raise issues (General); Conference call w/ RCJ, KE, and SB re revisions to agreement/release and RCJ conversation w/ Critton (General); Conference call w/ KE and SB re agreement/release (General); Emails w/ Critton re special master and Critton's communications re agreement (General); Emails re scheduling, resetting, cross noticing, and cancelling of depositions, phone conference, and miscellaneous issues (General); Emails rem and Sent - .25 his; .75 hrs; .5 his; .375 hrs; .25 firs; 1. hr; 1.125 lira; .125 hrs; .375 his; .5 brs; .125 hrs- 5.375 hours October 16- Phone call w/ RCJ re RCJ's call w/ Critton (General); Texts including on 10/15, missed call, and oonference call w/* and ICE (MN; Phone calls w/ KE re trust, Critton conversation w/ RCJ and agreement/release (.125-e.25 -General); Phone calls w/ SB re Critton conversation w/ RCJ, agreement/release and revisions to same (General); Rewrite of KE/JD's revisions to agreement/release (General); Phone call w/ lank Emails re agreement/release, revisions to agreement/release, and other miscellaneous Issues (General)- No charge; .125 hrs; .375 firs; .375 hrs; 2.75 hrs; .125 hrs; .875 firs; 4.625 hours EFTA00600866 October 17- Phone calls and texts w/ SB rc agreement/release (General); Entails re depositions, evaluations, agreement/release, revisions to same, and communications w/ Critton (General)- .25 hrs; .5 hrs- .75 hours October 18- Phone conference w/ RCJ and phone conference and texts w/ SB re revisions to agreement/release (General); Entails re same (General)-.375 hrs; .25 hrs- .625 hours October 19- Emails re depositions, phone conference, and other misc issues (General); Emails re l=and review ofd a) Review ofJ.Marra's No Contact order and emails re same (General); Review of differences between Critton's and our agreement/release and email re same (General); Review of Critton letter to RCJ and entails re same, and review of Critton emails and entails re same (General); Writing, reviewing, and revising letter from RCJ to Critton and emails re same, and review of and revisions to drafts by both parties of agreement/release, and emails re same and other related misc issues (General); Conference calls w/ KE and SB re revised agreement/release., correspondence to Critton, and additional revisions to Critton's revised agreement/release (General); Phone calls w/ RCJ re agreement/release andIS(General-.125/111/1no charge); Phone calls w/ SB re revisions to agreement/release, Critton correspondence, and other misc issues (General); Phone calls w/ KE re revisions to agreement/release, Critton correspondence, and additional raise issues (General); Conference call w/ MIME MINI); Conference call w/IIIIILand ICE al); Messages, texts, and phone calls w/IMMINIO); Conference call w/ SB and JD re revisions to agreement/release and to correspondence to Critton (General)- .25 his; .375 hrs; .375 hrs; .875 hrs; .375 hrs; 2.25 hrs; .75 hrs; .125 hrs; 1. hrs; 2.875 hrs; .5 hrs; .5 hrs. 25 hrs. .5 hrs- 11. hours October 20- Emails re a, depositions, and other miscellaneous issues (General); Reading of Critton's emails and review of and revisions to Crittons's revisions of agreement/release and emails re same (General); Drafting of concerns w/ SB re confidentiality provision language and other related issues (General); Email re dates for Special Master (General); Phone calls w/ ICE re negotiations for agreement/release and other misc issues (General); Phone calls w/ SB re revisions to agreement/release and Critton correspondence (General); Conference call w/ KE and JD re revisions to Critton's revised agreement/release (General)- .25 hrs; 1.25 hrs; .5 hrs; .125 hrs; .75 hrs; .5 hrs; .5 hrs- 3.875 hours October 21- Entails re issues related to Special Master (General); Emails re .101.1.); Update re land entails re same fle, Review of correspondence and and entails re same (a; Entails re upcoming depositions, and other misc issues (General); Phone call w/fen, Phone calls and texts w/ SB re L ' ' ark agreement/release revisions, language, and raise issues (General-1. hrsa.125 hrs)- .5 hrs; .125 hrs; .375 hrs; .375 bra; .75 hrs; .625 hrs; EFTA00600867 1.125 his- 3.875 hours October 22- Read article related to Epstein (General); Messages and calls w/ a; Review of draft of correspondence re settlement and review of revised trust agreement and emails re same QM; Texts and phone calls w/ SB re Critton's revisions to agreement/release, correspondence to RCJ, and misc remaining and/or new issues (General); Review of Critton's revised agreement/release and compare and contrast to prior most recent draft and reading of Critton's correspondence to RCJ and correspondence to ICE (General); Emails re Critton correspondences, agreement/release and new Critton revisions, and misc issues (General)- No charge; .125 hrs; .375 hrs; 1.375 hrs; .625 hrs; 1.5 hours- 3.5 hours October 23- Phone messages from and calls w/ KE re agreement/release, experts, and other misc issues (General); Phone message fromla (a); Texts and calls w/ SB re Critton's revised agreement/release, Critton's correspondence, and conference w/ SB re same (General); Emails re Sand ethereal; a; Emails re Critton's revised agreement/release and Critton letter, financial planners, phone conference, and other misc issues (General)- .25 his; No charge; .625 hrs; .375 hrs; 1.75 hrs- 3. hours October 24- No calls. Emails re-(General) - No charge. October 25- Phone call w/ I rellI1(11.); Emails re Special Master, agreement/release, Critton correspondence, and other mist issues (General); Compare/contrast of multiple drafts of Critton and ours of agreement/release, Special Master agreement, and Critton correspondence (General) - .125 hrs; .25 hrs; 2.25 hrs- 2.625 hours October 26- Emails re littatus, collateral, and trust in Emails re drafts of and revisions to agreement/releases, experts, Special Master Agreement and dates, depositions, phone conference w/ experts, review of notes, and other misc issues (General); Conference, phone calls and texts w/ SB re agreement/release, experts, and other misc issues (General); Phone calls w/ KE re agreement/release, Special Master agreement, experts, finances and other misc issues (General); Conference calls w/ KE, JD, and SB re agreement/release, Special Master agreement, and other raise issues (General); Messages and conference call w/ KE relltand call w/ KE Conference calls w/ KE re case status, strategy, agreements, clients, revisions, and misc issues (General); Phone conference w/ SB and INIS and S (General); Phone call wiggle= fIRONNIRINS (General} .25 hrs; 1.875 hrs; 1.75 his; .5 hrs; 2. hrs; .375 hrs; 2.375 hrs; .5 hrs; .125 hrs- 9.75 hours October 27- Emails re. including 10/26 and re Emails re revisions to Settlement/Release Agreement, Special Master Agreement, phone conference, Critton correspondence, review of calendar, comparisons of EFTA00600868 settlement terms, and misc issues (General); Phone call were misc issues (General); Phone call w/altre - (General); Texts and phone calls w/ SB re settlement tams and Critton correspondence (General); Phone calls w/ KE re mist issues re experts, settlement/release, and special Master agreements (General); Conference call w/ KE and SB re settlement tams, strategy, correspondence, and other misc issues (General)- .125 his; 125 his .125 hrs; .125 hrs; .5 hrs; .125 hrs; 1. hrs- 3.5 hours October 28- Phone calls willIIIImcluding calls from 10/27 (Ille; Phone call w/ as and phone call w/ RE re (IIII); Phone call w/i. conference call wall ate and KE reek phone call w/ ICE re IL; Phone calls w/ ICE in re agreement/release, Special Master agreement, clients' status, correspondence, and other mist issues (General); Texts and phone calls w/ SB re agreement/release, correspondence, and other misc issues (General); Review and revisions to trust and emails re same SIII); Emails re agreement/release, revisions, and preparation of marked and clean copies of same; Special Master agreement issues, reading Critton correspondence and drafting Critton correspondence, conference call, review and revisions of notes, conference call, meetings, settlement terms, and other misc issues (General)- .25 hrs; .375 hrs; .75 hrs; 1.125 hrs; 1.125 hrs; .375 hrs; 5.25 hrs- 9.25 hours October 29- Text, phone message and phone call w/ KE re Sincluding 10/27 and 10/28 (a; Phone calls w/ SB re experts, revisions to agreement/release, experts and other misc issues (General); Phone calls w/ KE, conference calls w/ ICE and SID, and conference call w/ KE, SB, and JD re revisions to agreement/release, settlement terms, experts, and other mist issues (General), Conference call w/ KB, JD, and 1! re revisions to agreement/release (General)- Emails re revisions to agreement/release and re Special Master agreement, Critton correspondences, settlement terms, and other misc issues (General)- .125 hrs; .5 hrs; 3.75 hrs; 1.125 hrs; 2.25 hrs- 7.75 hours October 30- Phone calls w/ SB re revisions to agreement/release, Special Master agreement revisions and issues re same, and other misc issues (General); Conference call w/ ICE, JD, and SB re revisions to agreement/release, Special Master agreement and issues re same (General); Phone calls w/ ICE, conference calls w/ KE and JD re revisions to agreanent/release, Special Master agreement revisions and issues re same, and other misc issues (General); Conference call w/ KE, JD, and ate revisions to agreement/release and revisions to Special Master agreement and othallirissues (General); Emails re revisions to agreement/release, review of revisions to Special Master agreement, and other tissues, comparison of drafts ofillrAgreement, Critton correspondences, settlement terms, depositions, review of June 12 hearing language re NPA's sole purpose, and other misc issues (General)- 2.5 hrs; .5 hrs; 1.25 hrs; .625 hrs; 2.75 brs- 7.625 hours EFTA00600869 October 31- No calls. Emails re Epstein and the press and Special Master process General); Conference w/ SB re Special Master Agreement, Settlement/Release Agreement (General)- .125 hrs; .75 hrs- .875 hours 118.5 hours $350.00 per hour X 118.5 hours = $ 41,475.00 TOTAL AMOUNT DUE FOR OCTOBER 1-OCTOBER 31, 2009 = $ 41,475.00 EFTA00600870
EFTA01089049.pdf
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants. VIDEOTAPE DEPOSITION CONT'D OF BRADLEY EDWARDS VOLUME II OF II PAGES 110 - 250 October 10th, 2013 10:00 A.M. - 2:30 P.M. 401 East Las Olas Blvd., Suite 1400 Fort Lauderdale, FL Stenographically Reported By: WENDY ROBERTS, RPR Notary Public, State of Florida Empire Legal Support, Inc. Fort Lauderdale Office Phone: EFTA01089049 Bradley J. Edwards taken on 10/10/20 I 3 APPEARANCES: ATTORNEY(S) FOR MR. EPSTEIN: TONJA HADDAD COLEMAN, ESQUIRE Tonja Haddad, PA 315 SE 7th St Ste 301 Fort Lauderdale, Florida 333013158 Phone: Fax: E-Mail: FRED HADDAD, ESQUIRE Fred Haddad PA 1 Financial Plz Ste 2612 Fort Lauderdale, Florida 333940061 Phone: Fax: E-Mail: JACK GOLDGERGER, ESQUIRE Atterbury Goldberger ■ Al 250 S Australian Ave Ste 1400 West Palm Beach, Florida 334015015 Phone: Fax: E-Mail: ATTORNEY FOR BRADLEY EDWARDS: WILLIAM KING, ESQUIRE Searcy Denney Scarola ■ Al 2139 Palm Beach Lakes Blvd West Palm Beach, Florida 334096601 Phone: Fax: E-Mail: ALSO PRESENT: JEFF EPSTEIN, PLAINTIFF (telephonically) DEBRA FEIN, LAW CLERK Empire Legal Support. Inc. Page: I I 1 EFTA01089050 Bradley J. Edwards taken on 10/10/2013 INDEX WITNESS: Page BRADLEY EDWARDS Direct Examination cont'd by MR. HADDAD 114 EXHIBITS PLAINTIFF'S: EXHIBITS: Description Page Comp. No. 1 Response to RP#7 Correspondence between BJE and US Government RE Epstein in BJE Possession 66 pages 244 Comp No. 2 E-mail from Russell Adler to Bradley Edwards RE: Oct. 28th depo, sent on 10/14/09 58 pages 244 Empire Legal Support. Inc. Page: 112 EFTA01089051 Bradley J. Edwards taken on 10/10/2013 1 (Continued from Volume I dated May 15th, 2013.) 2 Videotape Deposition taken before Wendy Roberts, 3 Registered Professional Reporter and Notary Public in 4 and for the State of Florida at Large, in the above 5 cause. 6 _ _ _ 7 THE VIDEOGRAPHER: We are now on the video 8 record. Today's date is October 10th, 2013. The 9 time is 10:15 A.M. Would counsel please state 10 their appearances for the record. 11 MR. KING: William King, Searcy Denney Scarola 12 Barnhart & Shipley for Mr. Edwards. 13 MR. GOLDBERGER: All right. Jack Goldberger, 14 Atterbury, Goldberger & Weiss, West Palm Beach, on 15 behalf of Jeffrey Epstein. 16 MR. INDYKE: Darren K. Indyke of Darren K. 17 Indyke, PLLC, on behalf of Jeffrey Epstein. 18 MR. HADDAD: I am Fred Haddad -- Fred Haddad 19 on behalf of Jeff Epstein. 20 MS. COLEMAN: Tonja Haddad Coleman, Tonja 21 Haddad, PA, on behalf of Jeffrey Epstein. 22 MS. FEIN: Debbie Fein of Tonja Haddad, PA, on 23 behalf of Jeffrey Epstein. 24 MR. HADDAD: This is a continuation of the 25 deposition of, I guess it was a couple months ago Empire Legal Support. Inc.. Page: 113 EFTA01089052 Bradley I. Edwards taken on 10/10/2013 1 that we stopped. 2 Thereupon: 3 BRADLEY EDWARDS 4 having been previously duly sworn or affirmed, was examined and testified as follows: 6 DIRECT EXAMINATION (Cont'd) 7 BY MR. HADDAD: 8 Q And Mr. Edwards, since the deposition of last 9 time, I guess some discovery has been provided, correct? 10 A Right. 11 Q All right. And those would be in response to 12 request for production No. 7, I guess, correspondence, 13 and I think that's what that means R4P, correspondence 14 between BJE and U.S. Government regarding Epstein, that 15 was in your possession, correct? 16 A Okay. 17 Q That's what this appears to be. I think that 18 came from Scarola, if I'm not mistaken. Under response 19 to request to produce, or Scarola, Searcy Denney, II al. 20 A Okay. It looks like correspondence between 21 myself and the United States -- 22 Q All right. 23 A -- Attorney's Office. 24 Q All right. And that would comp comprise 25 all of the correspondence that was actually gauged Empire Legal Support, Inc. Page: 114 EFTA01089053 Bradley J. Edwards taken on 10/10/2013 1 between yourself and either, what's his name, , or 2 Miss , whatever you want 3 to call her? 4 A That's my understanding. 5 Q All right. Well, this all came from your 6 files and from your records, correct, e-mails, whatever 7 you call those things where you store e-mail servers or 8 whatever there? 9 A You sent a request, I did whatever searches 10 that I could to come up with all of the documents 11 between us and I turned them over to my attorney who 12 turned them over to you. 13 Q All right. And I don't know if that request 14 contained anything regarding any memorandums of 15 conversations that you might have had, telephonic 16 conversations or in-person conversations. Did any of 17 those exist? 18 A Not to my recollection. 19 Q Okay. So -- 20 A I think that's everything. 21 Q That's what I'm asking, everything that there 22 is, correct? 23 A I believe so. 24 Q All right. And this would take -- some of 25 it's not numeric -- not numerically -- not -- Empire Legal Support. Inc. Page: 115 EFTA01089054 Bradley J. Edwards taken on 10/10/20 I 3 1 A Chronological? 2 Q Chronological, thanks for the word, 3 chronologically presented. But I note the first thing I 4 have is to and it states something about 5 October 9, 2008, regarding some potential false 6 statements the Government made in a sworn declaration 7 with the above-captioned case. That was you writing to 8 them, correct? 9 A What I'm looking at right now appears to be on 10 my letterhead from back then, so I would say yes. 11 Q All right. And whatever it says, it says -- 12 A That's my signature. 13 Q Okay. And that would be the same with all of 14 these? Let me -- let me just go through them. Let me 15 see which ones I'm going to ask. 16 MR. KING: Take your time to look at them 17 MR. HADDAD: Yeah. 18 MR. KING: -- if you think you need to. 19 MR. HADDAD: What do you think, I altered 20 them? 21 MR. KING: No, no, no, no. Because I'll need 22 to take a look at them if you have any questions 23 about -- 24 MR. HADDAD: I understand that. 25 Empire Legal Support. Inc. Page: 1I6 EFTA01089055 Bradley J. Edwards taken on 10/10/2013 1 BY MR. HADDAD: 2 Q Now, the letter here that I'm looking at on 3 March 15th from Wifredo Ferrer to Paul G. Cassell, and I 4 guess it was turned over by you in this discovery, and 5 that was on March 25th of 2011, I believe, correct? 6 A It's dated March 15th, 2011. 7 Q Oh, I'm sorry, my glass -- even with glasses, 8 I can't see that well. All right. 9 So that was March 15, 2011. Paul Cassell, I 10 take it, was your co-counsel who was some kind of law 11 professor and judge and all that stuff? 12 A Right. 13 Q All right. And he was co-counsel with you on 14 these cases? 15 A Right. 16 Q Does he still remain co-counsel with you on 17 these cases? 18 A Well, the only case that is remaining is the 19 Crime Victims Rights Act case -- 20 Q Yeah. 21 A -- and yes. 22 Q But that's been -- that's in the 11th Circuit, 23 right, now 24 A Right. 25 Q -- in -- pending stayed or briefing, I don't Empire Legal Support. Inc. Page: 117 EFTA01089056 Bradley J. Edwards taken on 10/10/20 I 3 1 know what, something is out there, correct? 2 A It has been fully briefed. I think oral 3 argument is January, February, but yes. 4 Q All right. And he's still on that case with 5 you, correct? 6 A Yes. 7 Q All right. Would this letter have been 8 sent -- when this letter was sent to Mr. Cassell, would 9 you have received a copy of it contemporaneously? 10 A I can't -- I don't know. 11 Q All right. But somehow it -- 12 A I either got it from Paul -- 13 Q Right. 14 A -- or I got it from them and I don't really 15 remember. Am I copied on it? 16 Q I don't see a CC to you. No. 17 A Okay. 18 Q So you are familiar with this though, it was 19 in your files? 20 A Right, I -- I was involved in the whole 21 process, so, yeah, I'm familiar with it 22 Q Yeah, I understand that but I 23 A Yeah, I'm familiar with it. 24 Q -- I don't want to speculate though. 25 A No. Empire Legal Support. Inc. Page: 1I8 EFTA01089057 Bradley J. Edwards taken on 10/10/2013 1 Q I want the answer from you. 2 All right. And then on September 29th, 3 2011 -- on September 29th, 2011, there is another letter 4 to the United States Attorney, Mr. Ferrer, and it's a 5 follow-up on Jeffrey Epstein by the same Mr. Cassell, 6 correct? 7 A That's what it appears to be. 8 Q All right. There is a carbon copy to 9 and , correct? 10 A Okay. 11 Q Okay doesn't answer. Yes or no? I need 12 A That's what it appears to be. 13 Q Yeah, but -- yeah, I know. I am just asking 14 you -- 15 A I mean, I didn't send the letter. I'm looking 16 at the same thing you are looking at. 17 Q I know. 18 A Paul signed it and then he copied 19 and 20 Q Do you know how you received a copy of this? 21 A I don't remember right now. 22 Q But it is in your records? 23 A Yes. 24 Q And would you have read it at the time it came 25 in? Empire Legal Support. Inc. Page: 119 EFTA01089058 Bradley J. Edwards taken on 10/10/2013 1 MR. HADDAD: Where is that thing of hers? 2 MR. GOLDBERGER: Chill. Chill. 3 MR. HADDAD: Chill, I always chill. 4 THE WITNESS: What is your question? 5 MR. HADDAD: I don't remember. 6 A I think -- I think it was whether or not I 7 received it at the time that it was sent, and I don't -- 8 I don't know exactly the timing of when I received this 9 letter. But it would have been close in time to when it 10 was sent. I don't know exactly. 11 BY MR. HADDAD: 12 Q So you could -- you all were working these 13 together, correct? 14 A Yeah, right. 15 Q And whatever is in these documents speaks for 16 themselves, correct? 17 A Exactly. 18 Q Would they have engendered by you any 19 follow-up calls to the U.S. Attorney or to anyone in the 20 U.S. Attorney's Office? 21 A No. 22 Q All right. Things such as -- at the same 23 time, this -- Rule 26 disclosures, and Jane 1 -- and 24 Jane Doe 1 and Jane Doe 2, those are your CRVA {SIC} 25 cases, correct? Empire Legal Support. Inc. Page: 120 EFTA01089059 Bradley J. Edwards taken on 10/10/2013 1 A Just tell me what your question is. I'm not 2 sure that-- 3 Q I said CR -- John Doe 1 and 2 your CRVA cases? 4 A Right. 5 Q All right. And then this is the -- 6 A That's the case number for it. 7 Q Okay. And what I'm asking you is, this is a 8 document sent by Farmer, Jaffe, Weissing, Edwards, 9 Fistos, and then what, you emulate Searcy and Denney to 10 have as many names as they do? I guess. Any rate, this 11 is on your letterhead and it's sending the United States 12 Attorney's Office a list of, I guess, discovery; is that 13 correct? 14 A Well, no, I think that we were just complying 15 with the 26(a) witness disclosures in that case. There 16 has always been a -- a -- I don't want to say 17 disagreement because I don't think anybody actually 18 knows whether this case falls under the civil rules of 19 procedure or criminal, but an abundance of caution, if 20 it fell under the civil rules, we felt that those 21 disclosures were necessary. 22 Q All right. But let me ask you this: Was this 23 in response to a request to produce by the Government or 24 was this a voluntary disclosure of what you thought you 25 had as evidence? That is, I mean, was there a civil -- Empire Legal Support. Inc. Page: 121 EFTA01089060 Bradley J. Edwards taken on 10/10/2013 1 you know, I'm not that adept at the rules of civil 2 procedure, but I understand that before you respond to 3 something, there is usually a request to produce, 4 request to disclose, interrogatories, something like 5 that. 6 A Right. 7 Q But you can make a voluntary disclosure at 8 times if you wish to -- to have litigation go forward 9 faster, as it were. I don't know the proper term -- 10 A Right. 11 Q -- they use in civil litigation. 12 A All right, I will tell you a couple things. 13 One is, the only thing that -- that I'm a little uneasy 14 about right now is that we are getting into work product 15 not on this case, we are not on the underlying case, but 16 on the Crime Victim's Rights Act case that is still 17 actively being prosecuted. However, to the extent that 18 I can answer this question, the purpose of this was 19 solely because Judge Marra, I believe, was of the 20 mind-set that this fell into a civil category rather 21 than criminal, and therefore, Rule 26 disclosures would 22 need to be made. And so in hopes that the Government 23 would reciprocate, we provided our witnesses and 24 expected for them to do the same. 25 Q All right, but I understand what you are Empire Legal Support. Inc. Page: 122 EFTA01089061 Bradley J. Edwards taken on 10/10/2013 1 saying there. The simple thing -- my simple question is 2 this. Were you in the litigation status that you needed 3 to produce this or was this a voluntary production for 4 purposes of hoping the Government would respond to you? 5 A We felt it was necessary. 6 Q That's not my question. 7 A I understand that. 8 Q Was this -- okay 9 A I don't know the answer to your question, 10 though. 11 Q You are an attorney, you are fairly bright and 12 we went through that last time, I don't want to have to 13 go through that again, how smart you are. This was -- 14 you're saying here, if you are correct that the civil 15 rules apply, that's , then both sides of the 16 case are obligated to make voluntary initial disclosures 17 under Rule 26(a). We are writing to make our initial 18 disclosures and ask that you promptly do the same, 19 correct? 20 A We felt it was our obligation. 21 Q I can read what it says here. 22 A Okay. 23 Q We are making our initial disclosures and ask 24 you to do the same, voluntary initial disclosures, okay? 25 A Right. Empire Legal Support. Inc. Page: 123 EFTA01089062 Bradley J. Edwards taken on 10/10/2013 1 Q You felt it was necessary, it wasn't required 2 by rule, by anything, it was a voluntary thing you are 3 doing, as you are say in your own words, correct? 4 A Correct. 5 Q Did you get a response from the Government? 6 A I don't remember. 7 Q Okay. 8 A This is something from March of 2011, I just 9 don't remember. 10 Q You don't remember whether or not the 11 Government provided you a list of their discovery, their 12 evidence, their witnesses or anything, whatever there is 13 in response to Rule 26 that they are required to comply 14 with? 15 A I can tell you they've provided us very 16 little, much less than we wanted. Have they provided us 17 nothing? I don't know that that's true. 18 Q Well, they provided you a letter saying you 19 have no business being in this thing, but besides that, 20 have they done anything in here? 21 A I don't remember that. 22 Q Okay. 23 A The -- the dockets on PACER will speak for 24 itself though, if they've made those disclosures, I 25 think -- Empire Legal Support. Inc. Page: 124 EFTA01089063 Bradley J. Edwards taken on 10/10/2013 1 Q I don't know how to open an e-mail, as you 2 well know. I am asking you a simple question. Do 3 you -- 4 A I'm trying, Fred. 5 Q I understand you are trying, Brad, I 6 appreciate that. We all try. A little harder at my age 7 than yours but we all try. I had to get one age joke in 8 there. 9 All right. Now, correspondence has been going 10 on since 2008 -- 2008 regarding this CRVA, correct? 11 A That's correct. 12 Q My -- excuse me, I don't want to stutter. 13 With everything you produced, I'm at a loss to find 14 anything that was produced while you were with 15 Rothstein; is that correct? 16 A That may be correct. 17 Q I would like you to look through that because 18 I really want to know whether or not anything was 19 produced while you were with -- and Rothstein would be 20 Rothstein, Rothstein and Adler? 21 A Right. 22 Q No, Rothstein from -- 23 MS. COLEMAN: Rosenfeldt. 24 BY MR. HADDAD: 25 Q Rosen -- Rosenfeldt and Adler, your former Empire Legal Support. Inc. Page: 125 EFTA01089064 Bradley J. Edwards taken on 10/10/2013 1 partnership. 2 A Was anything produced between 3 Q Yeah, did you -- a CRVA -- 4 A -- April and October 2009? 5 Q Yeah, when you -- 6 A Right. 7 Q -- were with that firm, was there anything 8 going on between you and the Feds while you were with 9 A Well, what you are asking though is, was 10 anything produced in the Crime Victims' Rights Act 11 while -- between -- 12 Q Okay. Let me put it this way, I mean in the 13 way of pleadings, in the way of pleadings or any type of 14 correspondence with the Federal Government. You were 15 there five months? 16 A Five or six months. 17 Q During those six months, let's give it six 18 months. 19 A Fine. 20 Q Okay. That you were with -- in this building? 21 A Correct. 22 Q The building that Scott built, the house that 23 Scott built. Is that like The House That Ruth Built or 24 something? 25 At any rate, at any time, were there any Empire Legal Support. Inc. Page: 126 EFTA01089065 Bradley J. Edwards taken on 10/10/2013 1 correspondence between the Federal Government and 2 Bradley Edwards' partner, Rothstein, Rothstein and 3 Adler, as the way you signed off -- or Bradley 4 Edwards -- anything? 5 A Come on, come on. You're going to have to go 6 back in the bag and grab a question that I can actually 7 answer. 8 Q Look through all of this and tell me if this 9 is everything you have, if there is one thing during the 10 period of time you were with Rothstein? 11 A In this? 12 Q In -- well, that's everything you own, you 13 said, regarding the -- that -- that request to produce 14 regarding the CRVA, as well as the correspondence. 15 A All right. Correspondence. 16 MR. GOLDBERGER: I think you are one letter 17 away. 18 MR. HADDAD: Oh, what difference does it make, 19 he knew what I was talking about. Crime Rights, 20 Victims, Crime Victim Rights, okay. ASPCA, the 21 same thing. 22 THE REPORTER: Counsel, do you want that on 23 the record? 24 MR. HADDAD: You can type it, I don't care. 25 (Thereupon, a discussion was had off the Empire Legal Support. Inc. Page: 127 EFTA01089066 Bradley J. Edwards taken on 10/10/2013 1 record.) 2 A I don't see anything. 3 BY MR. HADDAD: 4 Q All right. Thank you. 5 MR. GOLDBERGER: Wait, let -- 6 MR. HADDAD: What? 7 MR. GOLDBERGER: I want to make sure the 8 question is answered, Fred, before you jump on the 9 next one. 10 THE WITNESS: I was going to say -- 11 MR. HADDAD: I don't have a next one to jump 12 onto yet. I just dug into a few things here this 13 morning when I got up getting my kid ready for 14 school. I just dog-eared a few things this morning 15 when I woke up, get my kid ready for school. 16 A You were going to ask me how to do that? Oh. 17 BY MR. HADDAD: 18 Q I have been doing it for 40-something years. 19 I have here, I forget where they came from, a 20 whole bunch of e-mails you turned over. 21 A Okay. 22 Q Since the last time we met, or since -- yeah, 23 since after that deposition, correct? These are e-mails 24 that were given over in discovery to Miss Coleman, I 25 believe, or somebody, to Mr. Indyke, is that -- huh? Empire Legal Support. Inc. Page: 128 EFTA01089067 Bradley J. Edwards taken on 10/10/2013 1 MR. INDYKE: To Fowler. 2 MR. HADDAD: To Fowler? 3 MR. INDYKE: Yes. 4 MR. HADDAD: Oh, how come we didn't -- okay. 5 A Right, this predates the last deposition. 6 BY MR. HADDAD: 7 Q All right. I -- well, did they ask you about 8 these, I don't think they would have? 9 A They would only be you, and I don't know if 10 you have or not. 11 Q I never saw them before. Well, I mean, you 12 can object. I'm going to ask. I don't see -- I didn't 13 see any questions or answers regarding any e-mails. 14 A I don't remember. 15 MR. KING: At the last deposition? 16 BY MR. HADDAD: 17 Q At the last deposition. In the first 18 deposition, Mr. Scarola didn't last -- let anybody ask 19 anything, so I'm not going to be long with these and 20 rather than go through a whole hearing, I mean, if am 21 out of order, okay, that is not unusual. 22 A What else is new, right? 23 Q That -- that -- yeah, I mean, this is just a 24 simple discovery depo. All I want to do is these, is 25 I've got a stack of Bates stamped things, I guess we Empire Legal Support. Inc. Page: 129 EFTA01089068 Bradley J. Edwards taken on 10/10/2013 1 found or somebody found, I don't know, of -- 2 A If you found them, I turned them over. 3 Q I -- I understand that. I just want 4 A I just don't want the record to make it seem 5 like they were floating around on the street. 6 Q Brad, no one is doubting your bona fides as 7 far as discovery is concerned. When I if I did that, 8 I would say it right out, I don't 9 A I know. 10 Q -- I don't hint around, you know that. All 11 right. 12 Look at -- but these would be dep -- these 13 would be e-mails that were actually during the course of 14 your time actually at -- 15 MS. COLEMAN: Can I mark this as an exhibit? 16 BY MR. HADDAD: 17 Q Rothstein, Rosenfeldt and Adler, I believe. 18 They are all in 2009, from June until -- actually, 19 think the last one is October 29th or 30th. Just look 20 through these, just for purposes -- I am not going to 21 sit here and ask you questions about everything or 22 and many of them, because, you know, they speak for 23 themselves, but I just want to make sure we are accurate 24 in what we have there, and those things would have been 25 things that you would have produced. Empire Legal Support. Inc. Page: 130 EFTA01089069 Bradley J. Edwards taken on 10/10/2013 1 MS. COLEMAN: While he is looking at that, 2 just so the video is clear, the request to produce 3 regarding the Government exhibits, I have attached 4 as Exhibit 1 to the deposition that he just went 5 over and those will be Exhibit 2. 6 MR. HADDAD: Oh, okay. I don't know how to do 7 that. 8 MR. GOLDBERGER: Yes. Yes, that's what we 9 want to do. 10 MS. COLEMAN: I'm the token civil lawyer in 11 the room. I thought I would just throw that out 12 there. 13 MR. HADDAD: Token woman in the room too. 14 MR. KING: So the Rule 26 disclosures to the 15 Government will be Exhibit 1; is that right? 16 MR. GOLDBERGER: Yes. 17 MS. COLEMAN: No, no -- 18 MR. GOLDBERGER: It will be part of it. 19 MS. COLEMAN: -- those -- those were 20 provided those -- the Exhibit 1 is responsive to 21 Request No. 7 on the Schedule A, to which 22 Mr. Edwards objected prior to the last deposition. 23 So they were responsive. 24 MR. KING: All I want to know is what is being 25 marked as Exhibit 1. Empire Legal Support. Inc. Page: 131 EFTA01089070 Bradley J. Edwards taken on 10/10/2013 1 MS. COLEMAN: It's all -- that's it. 2 MR. KING: This document -- 3 MR. GOLDBERGER: Your resp -- Edwards' 4 response. 5 MR. KING: Got it. 6 MS. COLEMAN: This is off the record. 7 (Thereupon, a discussion was had off the 8 record.) 9 A You want me to read through these? 10 BY MR. HADDAD: 11 Q Just look at them and see -- you know, you 12 don't have to read every word of -- word of them, I'm 13 not going to -- if I have one I'm going to ask you 14 something about, I will tell you. I am not here to try 15 to trick you yet. 16 (Thereupon, a discussion was had off the 17 record.) 18 THE VIDEOGRAPHER: The time is 10:36 A.M. We 19 are now coming off the video record. 20 (Thereupon, a discussion was had off the 21 record.) 22 THE VIDEOGRAPHER: The time is 10:40 A.M. We 23 are now back on the video record. 24 BY MR. HADDAD: 25 Q All right. So did you have the ability in the Empire Legal Support. Inc. Page: 132 EFTA01089071 Bradley J. Edwards taken on 10/10/2013 1 last couple of minutes to read through these e-mails, 2 correct? 3 A Yeah. 4 Q Do you recognize them? 5 A Some of them. 6 Q And some of them you do not recognize? 7 A Well, some of them, I'm on the e-mail -- 8 Q Right. 9 A -- some of them I'm not, so I do not recognize 10 the e-mail. 11 Q All right. The ones that you are not on, 12 obviously, you don't know if you've seen them before? 13 A Correct. 14 Q Okay. Do you know whether or not you saw them 15 at the time they were produced? 16 A Definitely not. I don't normally see them. 17 Q Oh, excuse me, produced for discovery. Did 18 you review these before they were produced in response 19 to discovery demand by, who is it, Greenberg? 20 MR. INDYKE: It was Fowler, I believe. 21 A Fowler White maybe. 22 MR. HADDAD: Oh, Fowler White. 23 MR. INDYKE: On demand by Fowler, yes. 24 MR. HADDAD: Yeah. 25 A I re -- I reviewed what I think was 25,000 Empire Legal Support. Inc. Page: 133 EFTA01089072 Bradley J. Edwards taken on 10/10/2013 1 page -- pieces of paper, so I -- at some point in time, 2 I think I have probably seen them. 3 BY MR. HADDAD: 4 Q Well, let -- let me just take one of these and 5 obviously who's Bill -- William J. Berger? 6 A He was an attorney at RRA, formerly a judge in 7 Palm Beach County. 8 Q All right. Who's Pat Carter? 9 A I don't know who Pat Carter is. 10 Q Who's Brad Edwards? 11 A That's me. 12 Q Who's Grace Torres? 13 A I don't know. 14 Q Who's Jackie Johnson? 15 A She was a secretary at -- 16 Q For whom? 17 A RRA. 18 Q Any particular, a floater or whatever they 19 call those? 20 A She was mine for some period of time, a short 21 period of time, and maybe somebody else's, I don't 22 remember. 23 Q All right. And this one I'm looking at, 24 Berger, is Pat -- just checking, it looks like it should 25 go to Brad Edwards -- oh, go to Brad Edwards. Brad, see Empire Legal Support. Inc. Page: 134 EFTA01089073 Bradley J. Edwards taken on 10/10/2013 1 the attached check from Searcy, they should go into 2 trust account, you should keep your own running account 3 of checks in and out. 4 A It is an e-mail from Bill Berger to Pat 5 Carter, who, by this, I would say the e-mail is at RRA, 6 so it is probably his secretary. 7 Q All right. 8 A That is what I would assume. 9 Q Okay. But it's saying it would go to you, 10 Brad Edwards is you, this and any other others like it 11 should go to Brad Edwards. And then it says Brad. So 12 see, it says to Brad Edwards -- 13 A Right. 14 Q -- also. Brad, see attached check from 15 Searcy. 16 A Right. 17 Q They should go into trust account. 18 A Right. 19 Q The trust account that they were going into -- 20 this is dated October 26, 2009. The trust account they 21 are going into, I suppose, is RBA's trust account; would 22 that be correct? 23 A I don't know. 24 Q Well, it's -- they are telling you to put 25 stuff into a trust account. The only trust -- did you Empire Legal Support. Inc.. Page: 135 EFTA01089074 Bradley J. Edwards taken on 10/10/2013 1 have your own separate Brad Edwards PA trust account? 2 A No. No. 3 Q The only trust account you would have had was 4 the RRA trust account, right? 5 A I didn't have an RRA trust account. 6 Q The trust account that was in existence for 7 when you were with RRA would have been the RRA trust 8 account, right? 9 A I don't know, I was never -- 10 Q Well -- 11 A -- part of any trust account. 12 Q Well, if you received a check and it was 13 directed that you should put this into a trust account, 14 where would you put it? 15 A I didn't do any of those things. Here's what 16 happened. All of the law firms, it was myself, Bob 17 Josefsberg, Jack Scarola, and Sid Garcia, Ted Leopold, 18 I'm missing -- Adam Horowitz or Jeff Herman or somebody, 19 everybody agreed or forensic accountants. 20 Q Okay. 21 And sent checks to the firm. I never 22 Q To your firm? 23 A -- asked for the firm. To RRA. 24 Q Yeah. 25 A I never actually saw any of the checks, so the Empire Legal Support. Inc. Page: 136 EFTA01089075 Bradley J. Edwards taken on 10/10/2013 1 checks all came to one place. Somebody took possession 2 of those checks and made sure that it was, you know, all 3 pulled together for this purpose. 4 Q Okay, let me just -- let me 5 A It was not me though. 6 Q That's me. Okay. It says here, they -- these 7 should go into a trust account. That's the direction to 8 you. 9 A I know. 10 Q I'm just asking,
EFTA00726147.pdf
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 10.80309 JANE DOE NO. 103 PlaintitY, vs. JEFFREY EPSTEIN, Defendant. CROSS-NOTICE OF TAKING DEPOSITION DUCES TECUM (Undersigned Counsel Will be Appearing by Phone) PLEASE TAKE NOTICE that at the below listed time and place the Plaintiff; JANE DOE NO. 103, by and through undersigned counsel, will take the deposition duces tecum (See attached Exhibit "A') of: NAME OF DEPONENT PATE AND TIME PLACE OF DEPOSITION George Rush Wednesday US Legal Support do New York Daily News Legal March 31, 2010 1 Penn Plz, #1410 Department 2:00 p.m. New York, NY 10119-1410 Ann: Anne Carrol Phone: (212) 759-6014 450, West 33i0 Street New York, NY 10001 upon oral examination before US Legal Support, a Notary Public, or any other notary public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. This deposition is being taken for the purpose of Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800, Miami, FI.33130, Miami 305.358.2800 Fax 305.3582382 • Fort Lauderdale 954A634346 I www.podhuraeons EFTA00726147 CASE NO.: 10-80309 discovery, for use at trial, or for such other purposes as are permitted under the rules of Court. DATED this eaSciiday of March, 2010. Respectfully submitted, PODHURST ORSECK, P.A. Attorneysfor PlaintiffJane Doe No. 103 By: C. Josefsberg Fla. Bar No. 040856 Katherine W. Ezell Fla. Bar No. 114771 City National Bank Building 25 W. Flagler Street, Suite 800 Miami, FL 33130 Telephone: Facsimile: -2- Podhurst Orseck, P.A. 25 West Flagler Strect Suite SOO, Miami, FL 33130, Miami 305.3582600 Fax 3053%2382 • Rd Lauderdale 954.463.4346 www.podhursl.com EFTA00726148 CASE NO.: 10-80309 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this 214lay of March, 2010, a copy of the foregoing was served this day on all counsel of record on the attached Service List via e-mail transmission. Respectfully submitted, PODHURST ORSECK, P.A. Attorneysfor Plaintiffs Jane Doe No. 103 By: C. Josefsberg tj ;Cat Fla. Bar No. 040856 riosefsberg@,podhuist.com Katherine W. Ezell Fla. Bar No. 114771 kezell®podhurst.com City National Bank Building 25 W. Hagler Street, Suite 800 Miami, FL 33130 Telephone: (305) 358-2800 Facsimile: (305) 358-2382 -3- Podhurst Orseck, P.A. 25 West Flatter Street. Suite 900, Miami, FL 33130, Miami 305358.2800 Fax 305.3582382 • Fort Lauderdale 951.463.4316 www.podhurstrom EFTA00726149 CASE NO.: 10-80309 SERVICE LIST JANE DOE NO. 103 v. JEFFREY EPSTEIN Case No.: 10-80309 United States District Court, Southern District of Florida Critton, Esq. Michael J. Pike, Esq. Burman, Critton, Luther & Coleman LLP 303 Banyan Boulevard, Suite 400 West Palm Beach, FL 33401 Phone: (561) 842-2820/Fax: (561) 515-3148 rcritabc1claw.com tnvikeebc1claw,com Counselfor Defendant. Jeffrey Epstein Jack Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Phone: (561) 659-8300/Fax: (561) 835-8691 jauesqatlbellsouth.net Co-Counselfor Defendant, Jeffrey Epstein Bruce E. Reinhart, Esq. Bruce E. Reinhart, P.A. 250 South Australian Avenue, Suite 1400 West Palm Beach, FL 33401 Phone: (561) 202-6360/Fax: (561) 828-0983 [email protected] Counselfor Co-Defendant, Jack Scarola, Esq. Jack P. U, Esq. Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300/Fax: (561) 383-9456 jsx(Psearcylaw.com -4- Podluust Orseck, P.A. 25 West Hagler Street Suite 800 Miami, FL 33130. Miami 305.3582500 Fax 305358.23e2 • Fort Lauderdale 954463A346 I www.podhurstcom EFTA00726150 CASE NO.: 10-80309 iuhesearcylaw.com Counselfor Plaintiffin related Case No. 08-80811 Adam Horowitz, Esq. Stuart Mermelstein, Esq. Mermelstein & Horowitz, P.A. 18205 Biscayne Blvd., Suite 2218 Miami, FL 33160 Phone: (305) 931-2200/Fax: (305) 931-0877 [email protected] smennelstein®sexabuseattomey.com Counselfor Plaintiffi in Related Cases Nos. 08-80069, 08-80119,08-80232. 08-80380, 08-80381, 08-80993.08-80994 Spencer Todd Kuvin, Esq. Theodore Jon Leopold, Esq. Leopold Kuvin, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Phone: (561) 515-1400/Fax: (561) 515-1401 skuvinlibloonoldkuvin.com tleonold(alleonoldkuvin.com Counselfor Plaintiffin Related Case No. 08-08804 Richard Willits, Esq. Richard H. Willits, P.A. 2290 10th Ave North, Suite 404 Lake Worth, FL 33461 Phone: (561) 582-7600/Fax: (561) 588-8819 [email protected] reelrhwgthotrnail.com Counselfor Plaintiffin Related Case No. 08-80811 Edwards, Esq. Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. 425 North Andrews Avenue, Suite 2 Fort. Lauderdale, FL 33301 Phone: (954) 524-2820/Fax: (954) 524-2822 Manathtoiustice.com Counselfor Plaintiffin Related Case No. 08-80893 -5- Podhunt Orseck, P.A. 25 West Fleecy Street. Suite 800. Miami. FL.33130. Miami 305.3582900 Fax 305.3582382 • Fort Lauderdale 954.463.4346 t www.podlaust.corn EFTA00726151 CASE NO.: 10-80309 Isidro Manuel =, Esq. Elkins & Boehringer 224 Datura Avenue, Suite 900 West Palm Beach, FL 33401 Phone: (561) 832-8033/Fax: (561) 832-7137 isidrogarcia®bellsouth.net Counselfor Plaintein Related Case No. 08-80469 -6- Podhurst Orseek, P.A. 25 West Meer Street, Suite 800, Miami, FL 33130, Miami 305.3582900 Fax 305.3582382 • Fort Lauderdale 954.4634346 I W YON podhurst corn EFTA00726152 Exhibit "A" — DUCES TECUM All taped conversations between George Rush and Jeffrey Edward Epstein, including telephone recordings, all emails to and from Jeffrey Edward Epstein or someone representing themselves to be Jeffrey Epstein. EFTA00726153
EFTA00609444.pdf
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B., Case No: 502008CA037319XX>a MB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendant. /PLAINTIFF'S NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: NAME: DATE AND TIME: LOCATION: Detective Joseph Recary December 1, 2009 Prose Court Reporting, One 1:00 PM Clearlake Center, 250 S. Australian Ave S, Suite 1500, West Palm Beach, FL 33401 upon an oral examination before a Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being taken for purposes of discovery, for use at trial or are being taken for such other purposes as are permitted under the Rules of the Court. I HEREBY CERTIFY that a true and correct copy of this Notice was mailed this day of October, 2009 to: Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 303 Banyon Boulevard, Suite 400, West Palm Beach, FL 33401. LEOPOLD-KUVIN, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 (561)515-1400 (561) B: Spencer T. K in, Florida Bar No: 089737 EFTA00609444 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B Case No: 502008CA037319XXXXIVIB AB Plaintiff, vs. Florida Bar No: JEFFREY EPSTEIN Defendant. PLAINTIFF'S SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM THE STATE OF FLORIDA: TO: Detective Joseph Recary, do Palm Beach Police Department, 345 South Country Road, Palm Beach, Florida YOU ARE COMMANDED to appear at PROSE COURT REPORTING, ONE CLEARLAICE CENTER, 250 S. AUSTRALIAN AVENUE 5, SUITE 1500, WEST PALM BEACH, FL 33401 on DECEMBER 1, 2009, at 1:00 P.M., and to have with you at that time and place the following: ANY AND ALL RECORDS PERTAINING TO THE JEFFREY EPSTEIN INVESTIGATION INCLUDING BUT NOT LIMITED TO POLICE REPORTS, PHOTOGRAPHS, LAB REPORTS, INTERNAL AND EXTERNAL MEMORANDUM AND CORRESPONDENCE, TAPES VIDEOS, EVIDENCE AND ANY OTHER DOCUMENTS ASSOCIATED WITH THIS CASE OR CASES. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorneys, and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. LEOPOLD-KUVIN, PA. 292S PGA Saoltvon4Suist MG, PAN Ina GMd.M. Md., SUN (561)51 14.1t (50)515-1401 (Ianiallle) EFTA00609445 DATED this day of October, 2009. For the Co By: Kuvin, Esq. Leopold-Kuvin, P.A. 2925 PGA Boulevard Suite 200 Palm Beach Gardens, Florida 33410 (561) 515-1400 (561) 515-1401 (facsimile) "In accordance with the Americans with Disabilities Act, persons in need of a special accommodation to participate in this proceeding shall, within a reasonable time prior to any proceeding. contact the Administrative Office of the Court, 205 North Dixie Highway, Room 5.2500, West Palm Beach, FL 33401, telephone (561)355-2431, 1-800-955-8771 (TDD), or 1-800-955-8770 (V), via Florida Relay Service". Dapre ako ki fa avek Americans With Disabilities Act, tout motor ld ginyin yun benven dspesiyal you akomodasiyon you yo patisipe nan pwogram sa-a dwt, nan yun tizonab avan ninpot aranjman kapab fet, yo dwi kontakte Administrative Office of the Court, Id nan nimero 205 North Dixie Highway, Cham nimtro 52500 West Palm Beach, Florida 33401 telefon nan se (561)355-2431 oubyen 1-800-955-8771 (T.D.D. oubyen 1-800-955-8770 (V) an pasan pa Florida Relay Service. En accordance avec la Loi des "Americans With Disabilities". Les pasonnes en besoin d'une accommodation speciale pour participer a ces procedures doivent, dans un temps reasonable, avant d'entreprendre auctme autre demarche, contacter l'office administrative de la Court situe au 5.2500, 205 North Dixie Highway, West Palm Beach, FL 33401 le telephone (561)355-2431 ou 1-800-955-8771 (TDD) ou 1.800.955.8770 (V) Via Florida Relay Service. "De acuerdo con el Acto 6 Decreto de los Americansos con impedimentos, lnhabilitados, personas en necesidad del servicio special pare participar en este procedimiento deberin, denim de un tiempo razonable, antes de cualquier procedimiento, ponerse en contacto con la officina Administratativa de la Corte, 205 North Dixie Highway, oficina 5.2500, West Palm Beach, FL 33401, Telefono (561) 355-2431, 1-800-955-8771 (TDD) 6 1-800-955-8770 (V), Via Florida Relay Service". Page 2 of 2 EFTA00609446 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B., Case No: 502008CA037319XXXX MB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFF'S NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: NAME: BATE AND TIME: LOCATION: DETECTIVE December 8, 2009 Prose Court Reporting, One MICHAEL DAWSON 9:00 AM Clearlake Center, 250 S. Australian Ave S, Suite 1500, West Palm Beach, FL 33401 upon an oral examination before a Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being taken for purposes of discovery, for use at trial or are being taken for such other purposes as are permitted under the Rules of the Court. I HEREBY CERTIFY that a true and correct copy of this Notice was mailed this2-O day of October, 2009 to: Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 303 Banyon Boulevard, Suite 400, West Palm Beach, FL 33401. LEOPOLD-KUVIN, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 (561) 515-1400 (561) 515-1401 Florida Bar No: 089737 EFTA00609447 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B Case No: 502008CA037319XXXXMB AB Plaintiff, vs. Florida Bar No: JEFFREY EPSTEIN Defendant. PLAINTIFF'S SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM THE STATE OF FLORIDA: TO: Detective Michael Dawson, do Palm Beach Police Department, 345 South Country Road, Palm Beach, Florida YOU ARE COMMANDED to appear at PROSE COURT REPORTING, ONE CLEARLAKE CENTER, 250 S. AUSTRALIAN AVENUE S, SUITE 1500, WEST PALM BEACH, FL 33401 on DECEMBER 8, 2009, at 9:00 A.M., and to have with you at that time and place the following: ANY AND ALL RECORDS PERTAINING TO THE JEFFREY EPSTEIN INVESTIGATION INCLUDING BUT NOT LIMITED TO POLICE REPORTS, PHOTOGRAPHS, LAB REPORTS, INTERNAL AND EXTERNAL MEMORANDUM AND CORRESPONDENCE, TAPES VIDEOS, EVIDENCE AND ANY OTHER DOCUMENTS ASSOCIATED WITH THIS CASE OR CASES. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. If you fail to: (I) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorneys, and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. LEOPOLD--KUVIN, 1PTS PGA Illettlmrd, 0dM 0M. Me Mad Gardegs. Ina. !MIS O6O515.140k (561) $15.1401(t•W•60 EFTA00609448 DATED this S day of October, 2009. For the Co By: SpeiCT' uvm, Esq. d-Kuvin, P.A. 2925 PGA Boulevard Suite 200 Palm Beach Gardens, Florida 33410 (561) 515-1400 (561) 515-1401 (facsimile) "In accordance with the Americans with Disabilities Act, persons in need of a special accommodation to participate in this proceeding shall, within a reasonable time prior to any proceeding, contact the Administrative Office of the Court, 205 North Dixie Highway, Room 52500, West Palm Beach, FL 33401, telephone (561)355-2431, 1400-955-8771 (TDD), or 1-800-955-8770 (V), via Florida Relay Service". Daprd ako ki fet avek Americans With Disabilities Act, tout moun Id ginyin yun btzwen espesiyal pou akomodasiyon pou yo patisipe nan pwogram sa-a dwe, nan yun rdzonab avan ninpot aranjman kapab fet, yo dwe kontakte Administrative Office of the Court, ki nan nimiro 205 North Dixie Highway, Chain nimero 52500 West Palm Beach, Florida 33401 tdldfon nan se (561)355-2431 oubyen 1-800-955-8771 (MD. oubyen 1-800-955-8770 (V) an pasan pr Florida Relay Service. En accordance avec la Loi des "Americans With Disabilities". Les personnes en besoin tune accommodation specials pour participer a ces procedures doivent, dans un temps reasonable, avant dentreprendre aucune autre demarche, contactor foffice administrative de la Court situt au 52500, 205 North Dixie Highway, West Palm Beach, FL 33401 le telephone (561)355-2431 ou 1400-9554771 (TDD) ou 1400-9554770 (V) Via Florida Relay Service. "De acuerdo con el Acto 6 Decreto de los Americansos con Impedhnentos, Inhabilitados, personas en necesidad del setvicio special pare pardcipar en este procedimiento deberen, denim de tin tiempo razonable, antes de cualquier procedimiento, ponerse en contacto con la officina Administratativa de la Cone, 205 North Dixie Highway, oficina 5.2500, West Palm Beach, FL 33401, Telefono (561) 355-2431, 1-800-955-8771 (TDD) 6 1.800-955.8770 (V), Via Florida Relay Service". Page 2 of 2 EFTA00609449 IN THE CIRCUIT COURT OF THE 15Th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B., Case No: 502008CA037319XXXX MB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFF'S NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: NAME: DATE AND TIME: LOCATION: Detective Michelle Pagan December 8, 2009 Prose Court Reporting, One 1:00 PM Clearlake Center, 250 S. Australian Ave S, Suite 1500, West Palm Beach, FL 33401 upon an oral examination before a Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being taken for purposes of discovery, for use at trial or are being taken for such other purposes as are permitted under the Rules of the Court. I HEREBY CERTIFY that a true and correct copy of this Notice was mailed this day of October, 2009 to: Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 303 Banyon Boulevard, Suite 400, West Palm Beach, FL 33401. LEOPOLD--KUVIN, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 (561) 515-1400 (561) 515-1401 B: Spencer T. K Florida Bar No: 089737 EFTA00609450 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B Case No: 502008CA037319XXXXMB AB Plaintiff, vs. Florida Bar No: JEFFREY EPSTEIN Defendant. PLAINTIFF'S SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM THE STATE OF FLORIDA: TO: Detective Michelle Pagan, do Palm Beach Police Department, 345 South Country Road, Palm Beach, Florida YOU ARE COMMANDED to appear at PROSE COURT REPORTING, ONE CLEARLAKE CENTER, 250 S. AUSTRALIAN AVENUE S, SUITE 1500, WEST PALM BEACH, FL 33401 on DECEMBER 8, 2009, at 1:00 P.M., and to have with you at that time and place the following: ANY AND ALL RECORDS PERTAINING TO THE JEFFREY EPSTEIN INVESTIGATION INCLUDING BUT NOT LIMITED TO POLICE REPORTS, PHOTOGRAPHS, LAB REPORTS, INTERNAL AND EXTERNAL MEMORANDUM AND CORRESPONDENCE, TAPES VIDEOS, EVIDENCE AND ANY OTHER DOCUMENTS ASSOCIATED WITH THIS CASE OR CASES. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorneys, and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. LEOPOLD-KU VIN, P.A. 3925 PGA 0441.4.40, 5S..104 Pals Ileaoh Goods. Florida 13110 (5411515109; (561)313.1401(besIsie) EFTA00609451 DATED this20 day of October, 2009. For the Co By: uvin, Esq. Leopold—Kuvin, P.A. 2925 PGA Boulevard Suite 200 Palm Beach Gardens, Florida 33410 (561) 515-1400 (561) 515-1401 (facsimile) "In accordance with the Americans with Disabilities Act, persons in need of a special accommodation to participate in this proceeding shall, within a reasonable time prior to any proceeding, contact the Administrative Office of the Court, 205 North Dixie Highway, Room 52500, West Palm Beach, FL 33401, telephone (561)355-2431, 1-800-955-8771 (TDD), or 1-800-955-8770 (V), via Florida Relay Service". Dare ako ki fen avek Americans With Disabilities Act, tout moon ki ginyin yon bezwen dspesiyal you akomodasi)vn pou yo patisipe Mn pwognun sa-a dyed, nan yun rdzonab avan ninpot aranjman kapab fet, yo dwd kontakie Administrative Office of the Court, Id nan nimero 205 North Dixie Highway, Chain nimero 5.2500 West Palm Beach, Florida 33401 telefon nan se (561)355-2431 oubyen 1.800-955.8771 (T.DJ). oubyen 1-800-955-8770 (V) an pasan pa Florida Relay Service. En accordance avec la Loi des "Americans With Disabilities". Les pasonnes en besoin dune accommodation speciale pour participer a ces procedures doivent, dans un temps reasonable, avant d'entreprendre aucune autre ddmarche, contaaer l'office administrative de la Court situ& au 52500, 205 North Dixie Highway, West Palm Beach, FL 33401 le telephone (561)355-2431 ou 1-800-955-8771 (TDD)ou I-800-955-8770 (V) Via Florida Relay Service. "De acuerdo con el Acto 6 Decreto de los Americansos con hnpedimentos, Inhabilitados, personas en necesidad del servicio special para participar en este procedimiento deberan, dentro de un tiempo razonable, antes de cualquier procedimiento, ponerse en contacto can is officina Administratativa de la Corte, 205 North Dixie Highway, oficina 52500, West Palm Beach, FL 33401, Telefono (561) 355-2431, 1-800-955-8771 (TDD) 6 1-800-955-8770 (V), Via Florida Relay Service". Page 2 of 2 EFTA00609452 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B., Case No: 502008CA037319XXXX MB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFF'S NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: NAME: DATE AND TIME: LOCATION: ROBERT MEISTER December 14, 2009 Prose Court Reporting, One 9:00 AM Clearlake Center, 250 S. Australian Ave S, Suite 1500, West Palm Beach, FL 33401 upon an oral examination before a Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being taken for purposes of discovery, for use at trial or arc being taken for such other purposes as are permitted under the Rules of the Court. I HEREBY CERTIFY that a true and correct copy of this Notice was mailed this2O day of October, 2009 to: Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 303 Banyon Boulevard, Suite 400, West Palm Beach, FL 33401. LEOPOLD-KUVIN, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 (561) 515-1400 (561)515-14 1 By: Spencer T. Kuv Florida Bar No: 089737 EFTA00609453 IN THE CIRCUIT COURT OF THE 1511I JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B Case No: 502008CA037319XXXXMB AB Plaintiff, VS. Florida Bar No: JEFFREY EPSTEIN Defendant. PLAINTIFF'S SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM THE STATE OF FLORIDA: TO: Robert Meister, 101 Seminole Avenue, Palm Beach, FL 33480 YOU ARE COMMANDED to appear at PROSE COURT REPORTING, ONE CLEARLAKE CENTER, 250 S. AUSTRALIAN AVENUE 5, SUITE 1500, WEST PALM BEACH, FL 33401 on DECEMBER 14, 2009, at 9:00 A.M., and to have with you at that time and place the following: ANY AND ALL RECORDS PERTAINING TO THE JEFFREY EPSTEIN INVESTIGATION INCLUDING BUT NOT LIMITED TO POLICE REPORTS, PHOTOGRAPHS, LAB REPORTS, INTERNAL AND EXTERNAL MEMORANDUM AND CORRESPONDENCE, TAPES VIDEOS, EVIDENCE AND ANY OTHER DOCUMENTS ASSOCIATED WITH THIS CASE OR CASES. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorneys, and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. DATED this 2.O day of October, 2009. LEOPOLD-KU YIN, Put 345 PGA 114Seavd, $44 200. Pala 1k0c0 Gontas.10•416 SMIO (561)515440; (561) 5134401(fushelk) EFTA00609454 For the Co By: vin, Esq. Leopold—Kuvin, P.A. 2925 PGA Boulevard Suite 200 Palm Beach Gardens, Florida 33410 (561) 515-1400 (561) 515-1401 (facsimile) "In accordance with the Americans with Disabilities Act, persons in need of a special accommodation to participate in this proceeding shall, within a reasonable time prior to any proceeding, contact the Administrative Office of the Court, 205 North Dixie Highway, Room 5.2500, West Palm Beach, FL 33401, telephone (561)355-2431, 1-800-955-8771 (TDD), or 1-800-955-8770 (V), via Florida Relay Service". Daprt ako Id fet avek Americans With Disabilities Act, tout moun ki ginyin yun bezwen espesiyal pou akomodasiyon pou yo patisipe nan pwogram sa-a duce, nan yun itzonab avan ninpot aranjman kapab fa, yo dwe kontakte Administrative Office of the Court, ki nan nimdro 205 North Dixie Highway, Cham nimdro 5.2500 West Palm Beach, Florida 33401 telefon nan se (561)355-2431 oubyen 1-800-955-8771 (T.D.D. oubyen 1-800-955-8770 (V) an pasan pa Florida Relay Service. En accordance awe la Loi des "Americans With Disabilities". Les pasormes en besoin d'une accommodation speciale pour participer a ces procedures doivent, dans un temps raisonable, avant d'entreprendrc aucune attire ddmarche, contacter roffice administrative de la Court situe au 5.2500, 205 North Dixie Highway, West Palm Beach, FL 33401 le telephone (561)355-2431 ou 1400-955-8771 (TDD) ou 1-800-955-8770 (V) Via Florida Relay Service. "De acuerdo con el Acto 6 Decreto de los Americansos con Impedimentos, Inhabilitados, personas en necesidad del servicio special pare participar en este procedimiento deberan, denim de un tiempo razonable, antes de cualquier procedimiento, ponase en contacto con la officina Administratativa de la Corte, 205 North Dixie Highway, oficha 52500, West Palm Beach, FL 33401, Telefono (561) 355-2431, 1-800-955-8771 (TDD) 6 1-800-955-8770 (V), Via Florida Relay Service". Page 2 of 2 EFTA00609455 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B., Case No: 502008CA037319XXXX MB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFF'S NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: NAME: DATE AND TIME: LOCATION: TODD MEISTER December 14, 2009 Prose Court Reporting, One 1:00 PM Clearlake Center, 250 S. Australian Ave S, Suite 1500, West Palm Beach, FL 33401 upon an oral examination before a Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being taken for purposes of discovery, for use at trial or are being taken for such other purposes as are permitted under the Rules of the Court. I HEREBY CERTIFY that a true and correct copy of this Notice was mailed this 20 day of October, 2009 to: Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 303 Banyon Boulevard, Suite 400, West Palm Beach, FL 33401. LEOPOLD-KUVIN, 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 (561) 515-1400 (561) 515- Spencer T. Kuvin, Esq. Florida Bar No: 089737 EFTA00609456 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B Case No: 502008CA0373193OOO(MB AB Plaintiff; vs. Florida Bar No: JEFFREY EPSTEIN Defendant. PLAINTIFF'S SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM THE STATE OF FLORIDA: TO: Todd Meister, 101 Seminole Avenue, Palm Beach, FL 33480 YOU ARE COMMANDED to appear at PROSE COURT REPORTING, ONE CLEARLAKE CENTER, 250 S. AUSTRALIAN AVENUE S, SUITE 1500, WEST PALM BEACH, FL 33401 on DECEMBER 14, 2009, at 1:00 P.M., and to have with you at that time and place the following: ANY AND ALL RECORDS PERTAINING TO THE JEFFREY EPSTEIN INVESTIGATION INCLUDING BUT NOT LIMITED TO POLICE REPORTS, PHOTOGRAPHS, LAB REPORTS, INTERNAL AND EXTERNAL MEMORANDUM AND CORRESPONDENCE, TAPES VIDEOS, EVIDENCE AND ANY OTHER DOCUMENTS ASSOCIATED WITH THIS CASE OR CASES. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorneys, and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. DATED this 2.Oday of October, 2009. LEOPOLD4CUVIN, P.A. 292.5 PGA lk.lerant. Smile ZOO. Not lath Grim. Florida MP) (MO 313.100: WI> 81$.1102 (fbah•A) EFTA00609457 For the Court By: . uvin, Esq. ld-.Kuvin, PA. 2925 PGA Boulevard Suite 200 Palm Beach Gardens, Florida 33410 (561) 515-1400 (561) 515-1401 (facsimile) "In accordance with the Americans with Disabilities Act, persons in need of a special accommodation to participate in this proceeding shall, within a reasonable time prior to any proceeding, contact the Administrative Office of the Court, 205 North Dixie Highway, Room 5.2500, West Palm Beach, FL 33401, telephone (561)355-2431, 1-800-955-8771 (TDD), or 1-800-955-8770 (V), via Florida Relay Service". Dapre ako ki fet avek Americans With Disabilities Act, tout moan Id ginyin yun bdzwen espesiyal you akomodasiyon you yo pafisipe nan pwogram sa-a dwe, awn yun rezonab avan ninpot aranjman kapab fet, yo dwe kontalcte Administrative Office of the Court, Id nan !tinier° 205 North Dixie Highway, Chant nimero 52500 West Palm Beach, Florida 33401 telefon nan se (561)355-2431 oubyen 1-800-955-8771 (T.D.D. oubyen 1-800-955-8770 (V) an pasan pa Florida Relay Service. En accordance avec la Loi des "Americans With Disabilities". Les personnes en besoin dime accommodation speciale pour participer a ces procedures doivent, dans tin temps reasonable, avant d'entreprenthe aucune autre d₹marche, contacter foffice administrative de la Court sing au 5.2500, 205 North Dixie Highway, West Palm Beach, FL 33401 le telephone (561)355-2431 ou 1.800.955-8771 (TDD) ou 1.800.955-8770 (V) Via Florida Relay Service. "De acuerdo con el Aao 6 Decreto de los Americansos con Impedimentos, Inhabilitados, personas en necesidad del servicio special pwa participar en este procedirniento deberan, dentro de tm tiempo rananable, antes de cualquier procedimiento, ponerse en contacto con In officina Administratativa de la Corte, 205 North Dixie Highway, oficina 52500, West Palm Beach, FL 33401, Telefono (561) 355-2431, 1-800-955.8771 (TDD) 6 1-800-955-8770 (V), Via Florida Relay Service". Page 2 of 2 EFTA00609458 IN THE CIRCUIT COURT OF THE 15Th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B., Case No: 502008CA037319)OOOC MB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFF'S NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: NAME: SATE AND TIME: LOCATION: RECORDS CUSTODIAN December 1, 2009 Prose Court Reporting, One PALM BEACH COUNTY 9:00 AM Clearlake Center, 250 S. POLICE DEPARTMENT Australian Ave S, Suite 1500, West Palm Beach, FL 33401 upon an oral examination before a Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being taken for purposes of discovery, for use at trial or are being taken for such other purposes as are permitted under the Rules of the Court. I HEREBY CERTIFY that a true and correct copy of this Notice was mailed this day of October, 2009 to: Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 303 Banyon Boulevard, Suite 400, West Palm Beach, FL 33401. LEOPOLD--KUVIN, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 (561) 515-1400 (561) 515-1401 By: pencer T. Florida Bar No: 0 EFTA00609459 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B Case No: 502008CA037319XXXXMB AB Plaintiff, vs. Florida Bar No: JEFFREY EPSTEIN Defendant. PLAINTIFF'S SUBPOENA FOR VIDEOTAPED DEPOSITION DUCES TECUM THE STATE OF FLORIDA: TO: Records Custodian, Palm Beach County Police Department, 345 South Country Road, Palm Beach, Florida YOU ARE COMMANDED to appear at PROSE COURT REPORTING, ONE CLEARLAKE CENTER, 250 S. AUSTRALIAN AVENUE S, SUITE 1500, WEST PALM BEACH, FL 33401 on DECEMBER 1, 2009, at 9:00 A.M. , and to have with you at that time and place the following: ANY AND ALL RECORDS PERTAINING TO THE JEFFREY EPSTEIN INVESTIGATION INCLUDING BUT NOT LIMITED TO POLICE REPORTS, PHOTOGRAPHS, LAB REPORTS, INTERNAL AND EXTERNAL MEMORANDUM AND CORRESPONDENCE, TAPES VIDEOS, EVIDENCE AND ANY OTHER DOCUMENTS ASSOCIATED WITH THIS CASE OR CASES. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. If you fail to: (I) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorneys, and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. LEOPOLD-KUV1N, MS PGA 13001mrd, ten 200. POO Stub Guts. MA& 13110 (SW) 513.1400; WO1114M (hokillk) EFTA00609460 DATED this2 day of October, 2009. For the Co By: in, Esq. Leopold—Kuvin, P.A. 2925 PGA Boulevard Suite 200 Palm Beach Gardens, Florida 33410 (561) 515-1400 (561) 515-1401 (facsimile) "In accordance with the Americans with Disabilities Act, persons in need of a special accommodation to participate in this proceeding shall, within a reasonable time prior to any proceeding, contact the Administrative Office of the Court, 205 North Dixie Highway, Room 5.2500, West Palm Beach, FL 33401, telephone (561)355-2431, 1-800-955-8771 (TDD), or 1-800-955-8770 (V), via Florida Relay Service". Dapre ako ki fet avek Americans With Disabilities Act, tout moun ki ginyin yun bdzwen Espesiyal pou alcomodasiyon pou yo patisipe nan pwogram sa-a dwe, nan ytm rezonab avan ninpot aranjman kapab fet, yo dwe kontakte Administrative Office of the Court, ki nan nimdro 205 North Dixie Highway, Chain Miner° 52500 West Palm Beach, Florida 33401 Melon nan se (561)355.2431 oubyen 1.800.955-8771 (T.D.D. oubyen I-800-955-4770 (V) en pasan pa Florida Relay Service. En accordance avec la Loi des "Americans With Disabilities". Les personnes en besoin dune accommodation speciak pour participer a ces procedures doivent, dans un temps raisonable, avant denhvpras4.. aucune autre ddmarche, contactor I'office administrative de Is Court shire au 52500, 205 North Dixie Highway, West Palm Beach, FL 33401 le telephone (561)355-2431 ou I-800-955-8771 (TDD) ou I-800-955-8770 (V) Via Florida Relay Service. "De acuerdo con el Acto 6 Decreto de los Americansos con Impedimentos, Inhabilitados, personas en necesidad del servicio special pare participar en este procedimiento deberan, dentro de un tiempo razonable, antes de cualquier procedimiento, ponerse en contacto con la officina Administratativa de la Corte, 205 North Dixie Highway, oficina 5.2500, West Palm Beach, FL 33401, Telefono (561) 355-2431, I-800-955-8771 (TDD) 6 1-800-955-8770 (V), Via Florida Relay Service. Page 2 of 2 EFTA00609461
EFTA00727753.pdf
IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502008CA028051X)0O(MB AB L.M. Plaintiff, v. JEFFREY EPSTEIN, Defendant. CROSS NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE that plaintiff, L.M., will take the video deposition of: NAME DATE AND PLACE OF TAKING TIME DEPOSITON Story Cowles May 12, 2010 US Legal Support South Olive Avenue @ 10:00 AM 444 West Railroad Avenue #201S Suite 300 West Palm Beach, FL West Palm Beach, FL 33401 (561) 835-0220 upon oral examination before US Legal Support, Notary Public, or any other notary public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court. EFTA00727753 CERTICATE OF SERVICE I HEREBY CERTIFY that the original of the above and a copy of the foregoing has been provided this " day of May 2010 via U.S. Mail and email transmittal to all those on the attached service list. Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. 425 N. Andrews Ave., Suite 2 Fort Lauderdale, FL 33301 fax BRADLEY J. EDWARD Florida Bar No.: 542075 SERVICE LIST Robert D. Critton, Jr. BURMAN, CRITTON, et al. 303 Banyan Boulevard, Suite 400 West Palm Beach, FL 33401 Jack Alan Goldberger, Esq. Atterbury Goldberger et al. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401 Jay Howell, Esq. Jay Howell & Assoc. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 EFTA00727754
EFTA00158250.pdf
Page 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO:502008CA028051XXXXMB AB -• Plaintiff, - vs - JEFFREY EPSTEIN AND Defendants. DEPOSITION OF JANUSZ BANASIAK Tuesday, February 16, 2010 10:09 - 2:30 p.m. 250 Australian Avenue South Suite 1500 West Palm Beach, Florida 33401 Reported By: Cynthia Hopkins, RPR, FPR Notary Public, State of Florida Prose Court Reporting Job No.: 1317 (561) 832.7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthla hopkins (601461-976-2934) Electronically signed by cynthla hopkins (601-051-976-2934) Electronically signed by cynthla hopkins (601-051-976-2934) 205891d-Uaa-42b3-ae22-b5d3c7182d1e 3507-01 I Page I of 2(X) SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006665 EFTA00158250 Page 2 1 APPEARANCES: 2 On behalf of the Plaintiff, III and Jane Doe: 3 BRADLEY J. EDWARDS, ESQUIRE FARMER, JAFFE, WEISSING, EDWARDS 4 FISTOS & LEHRMAN, P.L. 7 8 On behalf of the Plaintiff Jane Does No.'s 1 through 8. 9 10 STUART MERMELSTEIN, ESQUIRE MERMELSTEIN & HOROWITZ, P.A. 11 13 14 15 On behalf of the Defendant, Jeffrey Epstein and the Witness: 16 17 JACK ALAN GOLDBERGER, ESQUIRE ATTERBURY GOLDBERGER & WEISS, P.A. 18 20 21 22 23 24 25 (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) 205891d-Uaa-42b3t30182dle 3507-011 Pagc 2 of 2(X) SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006666 EFTA00158251 Page 3 1 - - - 2 INDEX VOLUME I 3 - - - 4 5 WITNESS: DIRECT CROSS REDIRECT 6 JANUSZ BANASIAK 7 BY MR. EDWARDS 4 8 9 10 11 EXHIBITS 12 13 14 EXHIBITS DESCRIPTION PAGE 15 PLAINTIFFS' NO. 1 PHOTO 123 16 PLAINTIFFS' NO. 2 PHOTO 123 17 PLAINTIFFS' NO. 3 PHOTO 124 18 PLAINTIFFS' NO. 4 PHOTO 124 19 PLAINTIFFS' NO. 5 PHOTO 124 20 21 22 23 24 25 (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) 2C5aMd4eaa-42b3-ae22-b5d3cflUdle 3507-01I Page 3 of 2(X) SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006667 EFTA00158252 Page 4 1 PROCEEDINGS 2 3 Deposition taken before Cynthia Hopkins, 4 Registered Professional Reporter and Florida 5 Professional Reporter, and Notary Public in and for 6 the State of Florida at Large, in the above cause. 7 8 Thereupon, 9 (JANUSZ BANASIAK) 10 Having been first duly sworn or affirmed, was 11 examined and testified as follows: 12 THE WITNESS: Yes, ma'am. 13 DIRECT EXAMINATION 14 BY MR. EDWARDS: 15 Q. Would you tell us your full name. 16 A. Janusz Banasiak. 17 Q. Could you spell that for us. 18 A. J-a-n-u-s-z, Banasiak, B like boy, 19 B-a-n-a-s-i-a-k. (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) 2W5a9W4eaa42b3-m22-b&IUMIWU 3507-011 Page 4 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006668 EFTA00158253 Page 5 8 Q. And where are you currently employed? 9 A. With Jeffrey Epstein. 10 Q. How long have you been employed with 11 Jeffrey Epstein? 12 A. Since February 2005. 13 Q. What do you do for him? 14 A. My position is called a house manager. So, 15 basically my duties is to make sure that house is in 16 good order when he is around visiting. 17 Q. And have your duties always been the same 18 since February, 2005 through -- 19 A. Yes. 20 Q. -- the present? 21 A. Yes. 22 Q. Okay. Have you ever had your deposition 23 taken before? 24 A. No. This is my first time. 25 Q. All right. The rules are pretty simple. (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) 2c175891c1-3eaa-42b3-ae22-b5d3c7182dle 3507-011 Page 5 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006669 EFTA00158254 Page 6 1 We only have one court Reporter, so it's important 2 that we don't talk over one another. I will wait 3 until you finish your answer. You wait for me to 4 finish my question. 5 A. Okay. 6 Q. Give us an answer similar to what you are 7 doing that we all understand. It's easy when we get 8 into a casual conversation and nod your head or 9 shake your head, but the court reporter can't take 10 it down so just something verbal. 11 A. Okay. 12 Q. If I ask a question you don't understand, 13 tell me you don't understand. 14 A. Okay. 15 Q. So, who hired you to work with Jeffrey 16 Epstein in February of 2005? 17 A. Who hired me? 18 Q. Right. 19 A. I got the phone call from my agency because I 20 signed with agency that Jeffrey Epstein looking for the 21 position in Palm Beach. 22 Q. And what agency was that? 23 A. This was Regal Domestic, Regal Domestic. I .37 24 not sure but something with the Domestic. The office 25 was in Maryland. I signed to the Internet. (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthla hopkins (601-051-976-2934) Electronically signed by cynthla hopkins (601-051-976-2934) Electronically signed by cynthla hopkins (601-051-976-2934) 2W5a9W4eaa4211.1-m224,MUMMU 3507-011 Page 6 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFFA_00006670 EFTA00158255 Page 7 1 Q. Okay. 2 A. I signed a few of them. Then one of them, the 3 one who called me they were the one from Maryland. 4 Q. And what was your 5 A. They told me that they had an opening position 6 in Palm Beach, Florida. 7 Q. And did you know Jeffrey Epstein before 8 working with him? 9 A. No, no. 10 • • • • • • • • • • • • • • • (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) 2C5aMd-Usa-2b3-ae22-bSacflUdle 3507-011 Pagc 7 of 2(X) SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006671 EFTA00158256 Page 8 17 Q. And when you started in 2005 when you 18 heard that there was a job position with Jeffrey 19 Epstein, did you interview for that position? 20 A. Yes. 21 Q. Who did you interview with? 22 A. First I got interviewed with Ghislaine 23 Maxwell. 24 Q. And that's G-h-i-s-l-a-i-n-e, Maxwell? 25 A. Right, right. (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) 2d75891d-Uaa-42b3-ae22-bSac7182dle 3507-01I Pagc 8 of 2(X) SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006672 EFTA00158257 Page 9 1 Q. Where did that interview take place? 2 A. In New York. 3 Q. And it was for the position as house 4 manager in the Palm Beach house, correct? 5 A. Right. 6 Q. That's at 358 Albrillo way? 7 A. Correct. 8 Q. Why were you interviewed in New York, if 9 you know? 10 A. Because at that time I was living in New York 11 with my friends and so -- 12 Q. Where did the interview take place in New 13 York? 14 A. In her house on 65th Street. 15 Q. Whose house, do you know? 16 A. Ghislaine Maxwell. 17 Q. So, Ghislaine Maxwell interviewed you back 18 in 2005 at her house in New York for a position at 19 Jeffrey Epstein's house in Palm Beach? 20 A. Right. 21 Q. And what did the interview consist of? 22 What did she ask you? 23 A. She asked me basic questions, you know, what's 24 my previous employer, how long I work for them and 25 basically she was checking my resume. (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601.051-976.2934) 2d75a9td4eaa42b3-m224Mtterifadle 3507-011 Page 9 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFFA_00006673 EFTA00158258 Page 1C 1 Q. Okay. And did she ask you about a 2 starting salary? 3 A. No, not yet. We just was a preliminary 4 interview, checking. 5 Q. How long was the interview? 6 A. How long? 7 Q. Yes. 8 A. How long did it last? 9 Q. Yeah. How long did the interview last? 10 A. Maybe 20 minutes, half an hour. 11 Q. All right. After that interview, what's 12 your next contact with either Ghislaine Maxwell, 13 Jeffrey Epstein or anybody else associated with that_ 14 job? 15 A. My second interview with Jeffrey Epstein after 16 a few days. 17 Q. And where did that take place? 18 A. In his office on Madison Avenue. 19 Q. What's the address there? 20 A. I don't remember physical address. It was 27, 21 51st Street. Madison and 51st Street, corner. I don't 22 remember physical address. 23 Q. Okay. And what did you speak with 24 Mr. Epstein about during that interview? 25 A. Same thing. He ask me how long I work for III (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601.051-976.2934) Ninagld-Uaa42b3-m22-b5d3criWWle 3507-011 Page 10 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFFA_00006674 EFTA00158259 Page 11 1 what was my duty, basically the same 2 thing. 3 Q. Did you talk about salary with him? 4 A. No. 5 Q. All right. So, what happened in that 6 interview to further your position with Jeffrey 7 Epstein? 8 A. After I finish interview with him I, I waiting 9 for a few days. And I got the phone call from secretary 10 that I had been accepted and offered the job. 11 Q. Okay. Who made that phone call to you? 12 A. One of the secretary. I don't remember her 13 name right now. She told me that they agreed to hire 14 me. 15 Q. Is this a secretary that is located in the 16 New York office? 17 A. Yes, yes. It was a call from the New York 18 office. 19 Q. And she told you that you were being 20 offered the job? 21 A. Right. 22 Q. And at that point in time were you offered 23 a salary? 24 A. Yes. 25 Q• Okay. So up to that point, you had made (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) 2C5aMd4eaa-2b3-ae22-b5d3c7182dle 3507-011 Page 11 of 2(X) SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006675 EFTA00158260 Page 12 1 it clear to them that you wanted a job but not 2 necessarily how much you wanted to be paid? 3 A. Yes. 4 Q. All right. And what was your starting 5 salary? 6 A. It was $58,000, I think, yeah. 7 Q. Did Jeffrey Epstein or anybody else during 8 this interview process tell you why the house 9 manager position had become available, meaning 10 somebody quit or why it was vacant? 11 A. No, no, he didn't. Nobody mention it. 12 Q. Okay. Do you know who the house manager 13 was prior to you being the house manager? 14 A. When I get to Palm Beach, one of the people 15 who work over there they told me that this guy working 16 currently for him Alfredo Rodriguez. 17 Q. Alfredo Rodriguez? 18 A. Yes. 19 Q. And who told you that Alfredo Rodriguez 20 was the previous house manager, do you remember who? 21 A. I think it was . She is 22 currently employed with him. 23 Q. is still employed by him, 24 right? 25 A. Yes. (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) 2d75891d-Uaa-42b3-ae22-bSac7182dle 3507-011 Page 12 of 2(X) SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006676 EFTA00158261 Page I 3 - 1 Q. And she's a housekeeper or something? 2 A. Right. 3 Q. All right. So, when this secretary of New 4 York calls and offers you the job at $58,000, you 5 accept the job? 6 A. Yes. 7 Q. And do you remember about what month that 8 was that January 2005 or so? 9 A. No. I think I start February 2005, but I, I 10 got a phone call I think it was end of December, 2004. 11 Q. Okay. So, the previous interview with 12 Ghislaine Maxwell and Jeffrey Epstein happened 13 sometime in late 2004? 14 A. Right. 15 Q. Okay. And when you say you got the job in 16 February 2005, is that when you came down to Palm 17 Beach to start working? 18 A. Yes. 19 Q. So, you had a month or so to gather your 20 stuff and get down? 21 A. Correct. 22 Q. And did you move down with anybody? 23 A. No, just myself. I (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601.051-976.2934) 24:175a91d4eaa-42b3-m224,WW1WWle 3507.011 Page 13 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006677 EFTA00158262 Page 14 8 Q. So, you came down in February 2005 and 9 began working. What did you, what did you first 10 start doing for Jeffrey Epstein? 11 A. First I doing? I don't remember nothing 12 special. 13 Q. Okay. Well, were you working I will 14 rephrase it. Were you working only for Jeffrey 15 Epstein or were you working also for Ghislaine 16 Maxwell, the other person who interviewed you, or 17 anybody else in the house? 18 A. I guess only for him because she was visiting 19 a few times house, but I am employed by him. 20 Q. Okay. What was your understanding at that 21 time as to the relationship between Ghislaine 22 Maxwell and Jeffrey Epstein? 23 A. They were like partners in business. 24 Q. Okay. What business was that, if you 25 know? (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) 2W5a9W4eaa42b3-m22-bUft718:Wle 3507.011 Page 14 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006678 EFTA00158263 Page 15 1 A. I don't know what kind of business but she was 2 the one who organized I would say employment with this 3 organization. So, whatever I need, if I have some kind 4 of problem, I contact her. She was the one who decided 5 what I have to answer my problems with, what I was 6 supposed to do. 7 Q. How many times did you have problems where 8 you had to go through her? 9 A. Well, not big problems. Just a question of 10 what certain, how to do certain things. For example, 11 what kind of flowers I have to buy, what kind of things 12 he likes, what time I supposed to serve him coffee in 13 the mornings, sort of organizing things. 14 Q. Those are things that you wouldn't ask 15 Jeffrey Epstein directly? 16 A. No, no. He doesn't like those things to ask 17 him directly. He would like to prefer either through 18 his assistant or like I say, Ghislaine Maxwell. 19 Q. Is that still the same today? 20 A. Yes, still the same. Unless, something happen 21 that I need to, nobody is around and I need to urgently 22 contact him, I go to him directly. 23 Q. So, for the most part if you have a 24 question or at least -- let's go back to 2005, you 25 had a question about what needed to be done in the (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601.051-976.2934) 2d75891d-3eaa-42b3-ae2265d3c7182dle 3507.011 Page 15 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006679 EFTA00158264 Page 16 1 house, day-to-day stuff, you would ask Ghislaine 2 Maxwell? 3 A. Right. 4 Q. And would she normally, back in 2005, be 5 at the house in Palm Beach for you to ask her or 6 would you have to call her in New York? 7 A. To the phone up in New York. She was visiting 8 the house but most of the time I spoke with her on the 9 phone. 10 Q. Okay. Let's talk specifically about that 11 year in 2005. How often would Ghislaine Maxwell be 12 at the Palm Beach house when Jeffrey Epstein was at 13 the Palm Beach house? 14 A. I would say about once a month since I started 15 work. 16 Q. All right. Well, it was a bad question 17 because I understand that Mr. Epstein has several 18 homes, right? 19 A. Right. 20 Q. And he is sometimes in New Mexico or New 21 York or Florida or the Island or somewhere, right? 22 A. Right. 23 Q. So, I guess the first question is in 2005, 24 how often was Jeffrey Epstein at the Palm Beach 25 house on a weekly basis? (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601.051-976.2934) 2d75a91d-3eaa-42b3-ae22-b5d3c7182d1e 3507.011 Page 16 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFFA_00006680 EFTA00158265 Page 17 1 A. Probably like two, three times a month. 2 Q. And when he would come to the Palm Beach 3 house two or three times a month, how long would he 4 stay typically? 5 A. Three days, sometimes two, sometimes four, 6 depends, you know, but it was no regular -- but no more 7 than four days I would say. 8 Q. Okay. And of those two or three trips to 9 Palm Beach, are you telling me that Ghislaine 10 Maxwell would usually come for one of them per 11 month? 12 A. Not usually, sometimes. Not every time but 13 sometimes they, she comes. 14 Q. Okay. But at that point in time in 2005 15 you understood that Ghislaine Maxwell and Jeffrey 16 Epstein were business partners? 17 A. Right. 18 Q. Did you know at the time what Jeffrey 19 Epstein did for a living? 20 A. Yes. He was one, I overheard invest money 21 with other people. 22 Q. Okay. Who told you that or who did you 23 overhear? 24 A. I think I read in the paper or something. 25 Nobody -- (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601-051-976-2934) 2d75a9Idasa-42b3-se2265d3c7182dle 3507-011 Page 17 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006681 EFTA00158266 Page 18 1 Q. So, you don't actually think you overheard 2 it. You think you read it? 3 A. Right. It's hard to say right now. I don't 4 remember but probably most, yeah, I think I read in the 5 paper. 6 Q. Did you understand in 2005 that Ghislaine 7 Maxwell and Jeffrey Epstein had an intimate 8 relationship with one another? 9 A. No. 10 Q. You only believed them to have a business 11 relationship? 12 A. Right. 13 Q. Okay. And when Ghislaine Maxwell would 14 come to Florida, what did you or what did you 15 observe her and Mr. Epstein do back in 2005? 16 MR. GOLDBERGER: Form. 17 THE WITNESS: What would they do? I mean 18 what? 19 BY MR. EDWARDS: 20 Q. What was a typical day for Jeffrey Epstein 21 and Ghislaine Maxwell when she was in town at the 22 same time he was in town. 23 A. I would say that they have breakfast in the 24 morning. They spend time reading, talking on the phone, 25 meeting people, go to the movies sometimes. They did (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601-051-976-2934) Electronically signed by cynthia hopkins (601.051-976.2934) 2d75a91d-3eaa-42b3-ae22-b5d3c7182d1e 3507.011 Page 18 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006682 EFTA00158267 Page 19 1 entertain a lot. They did go out for dinners I would 2 say. 3 BY MR. EDWARDS: 4 Q. Did you know at that time what Ghislaine 5 Maxwell did for a living? 6 A. No. 7 Q. Do you know today even what she did? 8 A. No. 9 Q. No. Back in 2005 to your knowledge, did 10 Jeffrey Epstein have a girlfriend or female 11 companion that was more than just a business partner 12 to your knowledge? 13 A. No, I didn't know. 14 Q. And for the most part I am going to try to 15 go chronological from 2005 to the present, but for 16 this question for that entire period of time that 17 you have known Jeffrey Epstein, 2005 through today, 18 have you ever known Jeffrey Epstein to have somebody 19 who you would observe to be a female companion or 20 girlfriend? 21 A. Yes. 22 Q. Okay. When is the 23 first time that you believe you recognized 24 as a girlfriend to Jeffrey Epstein? 25 A. At one point, I don't remember exactly what (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601.051-976.2934) Electronically signed by cynthia hopkins (601.051-976.2934) 2d75a91d-3eaa-42b3-ae22-b5d3c7182d1e 3507-011 Page 19 of 200 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006683 EFTA00158268 Page 20 1 year was it, he told us that will take some part 2 of the organization, organizing, scheduling. And she 3 would decide, you know, which way household supposed to 4 work, and if you have any questions or problems, we 5 could contact her. So, since then I figure out that 6 she's the person who, wh
EFTA00808197.pdf
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Plaintiff, v. No. 17 Civ. 00616 (JGK) JEFFREY EPSTEIN, GHISLAINE MAXWELL, LESLEY GROFF and Defendants. PLAINTIFF'S RE-NOTICE OF TAKING VIDEOTAPED DEPOSITION OF LESLEY GROFF PLEASE TAKE NOTICE THAT. pursuant to Rule 30 of the Federal Rules of Civil Procedure, counsel for Plaintiff, will take a videotaped deposition of the Defendant as set forth below: NAME: Lesley Groff DATE AND TIME: October 30, 2018 at 10:00 a.m. LOCATION: Boies Schiller Flexner, LLP 575 Lexington Avenue, 7th Floor New York, NY 10022 The videotaped deposition will be taken upon oral examination before Magna Legal Services, or any other notary public authorized by law to take depositions. The oral examination will continue from day to day until completed. The video operator shall be provided by Magna Legal Services. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the rules of this Court. I EFTA00808197 Dated: September 26, 2018. BOIES SCHILLER FLEXNER LLP By: /s/ Sigrid McCawley Sigrid McCawley (Pro Hac Vice) Meredith Schultz (Pro Hac Vice) SIM Bradley J. Edwards, Esq. (Pro Hac Vice) Stanley Pottinger, Esq. EDWARDS POTTINGER LLC Paul G. Cassell (Pro Hac Vice) S.J. Quinney College of Law University of Utah This daytime business address is provided for identification and correspondence purposes only and is not intended to imply institutional endorsement by the University of Utah for this private representation. 2 EFTA00808198 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 26th day of September, 2018, I served the attached PLAINTIFFS RE-NOTICE OF TAKING VIDEOTAPED DEPOSITION OF WITNESS LESLEY GROFF via Email to the following counsel of record. Michael Miller Justin Y.K Chu Michael A. Keough Scott J. Link LINK & ROCKENBACH PA Counselfor Jeffrey Epstein, and Lesley Groff Laura A. Menninger, Esq. Jeffrey Pagliuca, Esq. HADD N M R AN & FOREMAN, P.C. Counselfor Ghislaine Maxwell By: /s/ Sigrid McCawley Sigrid McCawley 3 EFTA00808199
EFTA00728285.pdf
IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA L.M., CASE NO. 502008CA02-8051XXXXMB AD Plaintiff, v. JEFFREY EPSTEIN, Defendant. NOTICE OF TAKING VIDEO DEPOSITION To: See Service List below PLEASE TAKE NOTICE that the undersigned attorney will take the deposition via video of: DEPONENT DATE & TIME LOCATION OF DEPOSITION LM Wednesday Burman Critton Luther & Coleman, do Brad Edwards, Esq. September 9, 2009 LLC Rothstein Rosenfeldt Adler 10:00 a.m. 303 Banyan Boulevard 401 East Las Olas Boulevard Suite 400 Suite 1650 West Palm Beach, FL 33401 Fort Lauderdale, FL 33301 upon oral examination, before Prose Court Reporting Agency, Inc., a Notary Public, or any other officer authorized by law to take depositions in the State of Florida. The oral examination is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicable Statutes of Rules of Court. I HEREBY CERTIFY that a true copy of the foregoing has been furnished by electronic mail (e-mail) and U.S. Mail to the addresses listed on the below Service List this &lib day of August, 2009. BURMAN, CRITTON, LUTTIER & COLEMAN 303 Banyan Blvd., Suite 400 West Palm Beach, FL 33401 BY: ROBE D. CRITTON, JR., ESQ. Florida Bar No. 224162 MICHAEL J. PIKE, ESQ. Florida Bar. No. 617296 (Counselfor Defendant Jeffrey Epstein) Courtesy copy: Prose Court Reporting Agency, Inc. EFTA00728285 LM. v. Epstein Page 2 L.M. v. Epstein Service List Brad Edwards, Esq. Jack Alan Goldberger, Esq. Rothstein Rosenfeldt Adler Atterbury Goldberger & Weiss, P.A. 401 East Las Olas Boulevard 250 Australian Avenue South Suite 1650 Suite 1400 Fort Lauderdale. FL 33301 West Palm Beach FL 33401-5012 Phone: Fax: Fax: Co-Counselfor Defendant Jeffrey Epstein Counselfor Plaintiff Jay Howell, Esq. Jay Howell & Associates, P.A. 644 Osqe.ry Boulevard Suite 250 Jacksonville, FL 32211 Phone Fax Co-counselfor Plaintiff EFTA00728286
EFTA00187391.pdf
404 27 FEDERAL SUPPLEMENT, 2d SERIES process, messenger service, transportation, building. Government moved for partial sum- and deposition transcripts). The Second Cir- mary judgment. The District Court, Chin, J., cuit, however, has disallowed reimbursement held that: (1) lease unambiguously provided for computer research on the grounds that it that written consent to sublease was re- "is merely a substitute for an attorney's time quired, precluding claim that government that is compensable under an application for orally consented to sublease; (2) court could attorneys' fees and is not`a separately tax- apply federal common law to question of able cost." United Stalest Merritt Meridi- whether landlord's consent to sublease was an Const. Corp, 95 F.3d 153, 173 (2d Cir. subject to requirement that it not be unrea- 1996); see also LeBlanc—Sternben I Fletch- sonably withheld; (3) court would apply law er, 143 F.34 748, 763 (2d Cir.I998). There- of New York, as there was no federal com- fore, I will not allow plaintiffs attorney to be mon law on question and no need to create reimbursed $125.13 for her computer re- any; and (4) under New York law there was search time. no requirement that consent not be unrea- Accordingly, plaintiffs attorney is entitled sonably withheld. to an award of costs in this case in the amount of $3,525.86. Motion granted. CONCLUSION For the foregoing reasons, plaintiffs mo- 1. Contracts e=147(2) tion for attorney's fees and costs, pursuant to If an agreement sets forth the parties' 42 U.S.C. § 1988, is granted in part, and intent clearly and unambiguously, a court plaintiffs attorney, Margaret Somerset, is need look no further. awarded $94,738.16. That sum shall be paid within forty-fwe (45) days of the entry of this 2. Contracts e=,176(2) order. Whether the text of an agreement is IT IS SO ORDERED. ambiguous or unambiguous is a matter of law to be decided by the court. 3. Contracts e=443(2) A contract is not deemed ambiguous un- less it is reasonably susceptible of more than UNITED STATES of America, Plaintiff, one interpretation, and the court makes this I determination by reference to the contract Jeffrey E. EPSTEIN, Ivan S. Fisher, Ellyn alone. Bank, Debra Elise Cohen, Diane Fisher d/b/a the Fisher Group Fisher & Softer 4. United States 4=70(7) a/k/a Fisher & Sophir, D. Ger- Provision of lease with United States as zog, Robert lleilbrun, Suzanne McDer- landlord, that "Tenant may sublet...with the mott, Christopher II. Martin, Jesse Sie- advance written permission of Landlord," gel a/k/a Jessie Siegel, Siegel, Martin & precluded any oral sublease agreement Ileilbrun, Ron Softer, and Carmen Tau- sik, Defendants. 5. Landlord and Tenant e=76(3) No. 96 CIV. 8307(DC). Generally, under New York law, when a United States District Court, lease requires a tenant to obtain the prior S.D. New York. written consent of the landlord to sublet or assign leased premises, a landlord may re- March 31, 1998. fuse consent arbitrarily, unless the lease con- tains a clause specifically stating that the Federal government, as landlord, landlord may not unreasonably withhold such brought proceeding to evict tenants from consent. EFTA00187391 U.S. I. EPSTEIN 405 ale ss27 F.Suppld 404 (S.D.N.Y. 1918) 6. Federal Courts ea413 Suzanne McDermott, New York City, pro Federal court could apply federal com- se. mon law, as opposed to state law, to determi- Christopher H. Martin, New York Defend- nation of rights under real property lease ers Service, New York City, pro se. with government as landlord. Jessie Siegel, New York City, pro se. 7. Federal Courts ea413 Siegel, Martin & Heilbrun, by Robert Heil- Law of New York, rather than federal brun, New York City, pro se. common law, would be applied to question Ron Softer, New York City, pro se. whether consent of government, as landlord, Carmen Tausik, New York City, pro se. to tenant's sublease of premises was subject to requirement that it not be unreasonably OPINION withheld; there was no body of federal com- mon law governing question and no pressing CHIN, District Judge. need for national uniformity calling for cre- In this case, the United States (the "Gov- ation of such law, while state law of landlord ernment") seeks to evict defendants from a and tenant was well developed and parties building formerly used as a residence by the probably entered into lease believing state Deputy Consul General of the Islamic Re- law would apply. public of Iran ("Iran"). After diplomatic and 8. United States ea70(7) consular relations with Iran were severed in Under New York law, there was no re- 1980, the Office of Foreign Missions ("0FM") quirement that consent of federal govern- of the United States Department of State ment, as landlord, to sublease not be unrea- took poas.ssion of the budding pursuant to sonably withheld; there was no provision to the Foreign Missions Act, 22 U.S.C. § 4301 that effect in lease, and under those circum- of seq. 0FM leased the building to defen- stances consent could be withheld for any dant Jeffrey E. Epstein in 1992. Epstein reason or no reason. sublet the building to defendant Ivan S. Fish- er in 1996, purportedly without the Govern- ment's consent. Fisher, in turn, sublet a Mary Jo White, United States Attorney, portion of the building to several subtenants. by Serene K. Nakano, Assistant United In 1996, the Government purported to ter- States Attorney, New York City, for the minate Epstein's lease and brought this ac- United States. tion to eject Epstein and Fisher from the Wachtel & Masyr, LLP, by Steven J. Co- building. The Government later amended its hen, New York City, for Jeffrey E. Epstein. complaint to assert a claim for ejectment against the subtenants as well.' The Gov- Gage & PayRs, by G. Robert Gage, Jr, ernment also sought to recover back rent Ellen J. Casey, New York City, for Ivan S. from Epstein and Fisher. Fisher, Diane Fisher, Fisher & Softer. Epstein and Fisher oppose ejectment on Ellyn Bank, New York City, pro se. numerous grounds, some of which were re- Debra Elise Cohen, New York City, pro jected when I heard oral argument in this se. case on December 17, 1997. Defendants' sole remaining defenses are that (1) 0FM D. Gerzog, New York City, pro orally consented to Epstein's proposed sublet se. of the premises to Fisher, and (2) 0FM did Robert Heilbrun, New York City, pro se. not properly terminate Epstein's lease be- I. The additional defendants are Ellyn Bank. De- Ron Soifer, and Carmen Tausik (collectively, the bra Elisa Cohen• Diane Fisher dAda The Fisher -Subtenants"). The Subtenants were added as sher & Soifer a4/a Fisher & Sophir, defendants after the Government learned that Ma D. Gerzog, Robert Heilbrun. Suzanne McDermott, Christopher H. Martin. Jesse Siegel Fisher had sublet to them without consent of OFM. wlr/a Jessie Siegel, Siegel• Martin & Heilbrun, EFTA00187392 406 27 FEDERAL SUPPLEMENT, 2d SERIES cause it breached an implied covenant of signment and Sublease Clause. Epstein was good faith and fair dealing by unreasonably granted, however, a right of rust refusal to withholding written consent to Epstein's re- renew the lease upon its expiration at the quest to sublet to Fisher. end of January, 1997. Because I fmd as a matter of law that (1) Epstein and his family continued to reside the lease unambiguously required the prior at the Premises until January of 1996, at written consent of OFM for Epstein to sublet which time Epstein abandoned. OFM did or assign the premises, thereby rendering not discover that Epstein had abandoned the any alleged oral consent invalid, and (2) OFM Premises, however, until several months la- was entitled under the lease to unreasonably ter. In March of 1996, Epstein commenced withhold its written consent to Epstein's re- negotiations with Xenophon Galinas for a quest to sublet to Fisher, the Government's possible sublease or assignment of the Prem- motion for partial summary judgment on its ises. The proposed arrangement between claim for ejectment is granted as against all Epstein and Galinas included payment by defendants. Galinas to Epstein of $100,000 for improve- ments to the Premises made by Epstein dur- BACKGROUND ing his tenancy. At the same time, Epstein also commenced negotiations to sublet the A. The Facts Premises to Fisher. Fisher informed Ep- The premises at 34 East 69th Street in stein, however, that he would not enter into a Manhattan (the "Premise?) were once the sublease unless it was approved by the State residence of the former Deputy General Con- Department and Fisher could be assured sul of Iran. When the United States severed that he could remain in the Premises beyond diplomatic ties with Iran in 1980, the Deputy January 31, 1997. Epstein told Fisher that General Consul vacated, but the Premises he had a right of first refusal under the lease remained the property of Iran. The Govern- amendment, and that pursuant to this right, ment, through the Secretary of State, was he would take all necessary steps to renew at entrusted with the care and maintenance of the end of the lease term. the Premises under the Foreign Missions Act In the meantime, Galinas contacted OFM ("FMA"), 22 U.S.C. § 4305(c), and the Vien- directly about a new lease for the Premises na Convention on Consular Relations, Apr. beginning in February of 1997. Negotiations 24, 1963, art. 27(1)(a), 21 U.S.T. 77, 596 between Galinas and OFM culminated in a U.N.T.S. 261, a multilateral treaty entered "letter agreement" dated April 12, 1996 by into by the United States and Iran, among which Galinas agreed to rent the Premises other nations. for a five-year term beginning February 1, In 1992, OFM entered into a two-year 1997 for $16,000 per month, with yearly in- lease with Epstein, to run from February 1, creases, up to $18,000 per month for the last 1992 through January 31, 1994. The agreed year of the lease term. This agreement was rent was $15,000 per month. Pursuant to expressly made subject to Epstein exercising the lease's Use Clause, only Epstein, his his right of first refusal and renewing his family, servants, or approved subtenants or lease for personal use only. In other words, assignees could occupy the premises, Under OFM told Galinas that it would not consent the Assignment and Sublease Clause, Ep- to any request by Epstein for a sublet be- stein was required to obtain prior written yond January 31, 1997, and that it would consent of OFM to assign or sublet the permit Epstein to renew the lease beyond Premises. The lease contained no clause that date only if he occupied the premises prohibiting OFM from unreasonably with- personally. holding its consent to a sublet or assignment. On April 16, 1996, Epstein notified OFM On August 28, 1992, OFM and Epstein by letter that he intended to exercise his extended the lease for three more years, to right of first refusal and renew the lease. January 31, 1997. The lease amendment did Epstein contends that in a telephone confer- not alter either the Use Clause or the As- ence between Richard Massey of OFM and EFTA00187393 U.S. 1 EPSTEIN 407 Cites, 27 PSupp.2.41 41111 (S.D.N.Y. 1990 Jeffrey Schantz, Epstein's transaction coun- May 10, 1996, OFM again wrote to Epstein sel, on April 19, 1996, OFM orally consented reiterating that the exercise of his right of to Epstein's request to sublet the Premises first refusal was premature, and explaining to Fisher. The same day, Epstein wrote that the prior arrangement with Gaines was back, requesting "written confirmation" of not a binding contract, but rather merely an OFM's alleged approval. By letter dated "expression of interest: Then, on May 16, April 26, 1996, OFM formally responded to 1996, OFM officials visited the Premises and Epstein's request, In this letter, Thomas E. discovered that Fisher, not Epstein, was in Burns, a representative of OFM, informed possession. Epstein of OFM's intention to lease the Throughout this period, Epstein continued Premises to Galines beginning February 1, to pay, and OFM continued to accept, rent 1997 in the event that Epstein decided not to for the Premises, despite its knowledge that renew the lease and occupy the premises Fisher was in possession. OFM accepted personally, and denied Epstein's request to and deposited Epstein's May 1996 rent check sublet the Premises to Fisher. OFM's stat- on May 28, 1996. On June 3, 1996, OFM ed reasons for the denial were to (1) "mini- sent Epstein a notice of default, as required mize any difficulties in turning over the by the lease, stating that he was in violation house to the tenant we have selected should of (1) the Use Clause, because he was no Mr. Epstein decide not to reoccupy the longer personally occupying the premises, premises under the new lease," and (2) "mini- and (2) the Assignment and Sublease Clause, mize the potential for damage to the premis- because he had sublet to Fisher without prior es from a short-term tenant occupancy." written consent of OFM. Consistent with the (Schantz Aft, Exh. D). OFM did, however, terms of the Lease, Epstein was given 30 grant Epstein permission to sublet the Prem- days to cure the default. On June 28, 1996, ises to Calines for the remainder of 1996. OFM accepted Epstein's June rent check. On May 3, 1996, Epstein again wrote to The cure period then expired on July 10, OFM, formally exercising his right of first 1996. Epstein had not cured by this time, refusal, believing such right to have been but rather than terminating the lease, OFM triggered by the April 12, 1996 letter agree- served Epstein with a 10-day notice to cure ment between OFM and Cannes. Thereaf and demanded the July rent. OFM then ter, on May 7, 1996, Epstein and Fisher accepted Epstein's check for the July rent. entered into a sublease agreement at a rental Finally, on August 7, 1996, OFM notified price of $20,000 per month, despite OFM's Epstein that the amended lease would be express denial of Epstein's request for per- terminated as of August 23, 1996 for failure mission to sublet to Fisher. Fisher claims to to cure the defaults. OFM demanded that have entered into the sublease agreement Epstein vacate the Premises and return the based on Epstein's representations that the keys on o• before that date. sublease was approved by the State Depart- Despite OFM's notice of termination, Ep- ment and that Epstein had properly exer- stein tendered August rent on August 30, cised his right of first refusal to renew the 1996. On September 18, 1996, OFM wrote to lease. The original sublease was to com- Epstein stating that rent was being accepted mence May 7, 1996 and terminate on January only through August 23, 1996, and refunded 31, 1997. In the event that Epstein's lease the balance to Epstein. On September 16, with OFM was extended, and the new rent 1996, OFM wrote to Fisher advising that the under that lease did not exceed $20,000 per lease agreement between OFM and Epstein month, the sublease would be automatically had been terminated, that he was occupying extended for an additional five-year period. the premises illegally, and demanded that the On May 8, 1996, OFM wrote to Epstein Premises be vacated immediately. Fisher informing him that his attempt to exercise met with an Assistant United States Attor- his right of first refusal was premature be- ney on September 23, 1996, who informed cause OFM had not yet made a formal offer Fisher that Richard Massey, the OFM repre- to lease the Premises to someone else. On sentative with whom Epstein dealt, would EFTA00187394 408 27 FEDERAL SUPPLEMENT, 2d SERIES swear under oath that he never orally ap- I heard oral argument on the motions on proved the sublet to Fisher. Fisher con- December 17, 1997. Collectively, Epstein tends that he offered to continue paying rent and Fisher asserted four arguments in oppo- directly to OFM rather than to Epstein, an sition to the Government's motion for sum- offer to which the Government never re- mary judgmenta They contend that there sponded. At that time, Fisher stopped pay- are genuine issues of material fact as to ing rent to Epstein pursuant to the sublease. whether the Government properly terminat- ed the lease entered into between OFM and B. Prior Proceedings Epstein. Specifically, they argue, factual questions exists as to (1) whether the Gov- 1. The Original Actions ernment waived Epstein's alleged default of the lease by accepting rent after the Govern- The Government commenced this action ment became aware that Fisher was occupy- against Epstein and Fisher in October of ing the premises; (2) whether the OFM- 1996. It seeks a declaration by the Court Epstein lease permitted oral approval of an that it is entitled to exclusive possession of assignment or sublease (ie., whether the As- the Premises and that it is entitled to have signment and Sublet Clause is ambiguous on Epstein and Fisher ejected therefrom be- the issue of whether an assignment or sublet cause Epstein's lease was properly terminat- could be approved orally); (3) whether OFM ed as of August 23, 1996. In addition, the in fact orally approved the sublease to Fish- Government seeks dismissal of Fisher's first er; and (4) whether the Government breach- and second counterclaims, which seek equita- ed an obligation of good faith and fair dealing ble relief against the Government.' Finally, inherent in its lease with Epstein by unrea- the Government demands back rent from sonably withholding written approval of a Epstein and/or Fisher. sublet to Fisher, assuming the Court holds as In February of 1997, Epstein commenced a a matter of law that oral approval was, not holdover proceeding in the Civil Court of the permitted by the lease. City of New York against Fisher for nonpay- At the conclusion of the argument, I re- ment of rent under the terms of the sublease. solved several of the issues pertaining to Fisher removed the state court action to this these motions on the record. As an initial Court. matter, I denied Epstein's motion to remand The Government moved for partial sum- and granted Fisher's motion to consolidate. mary judgment on its claim for ejectment of I then addressed the Government's motion Epstein and Fisher. In addition, it sought for summary judgment and its application an order requiring Epstein and Fisher to pay concerning the creation of an escrow fund. into an escrow fund $15,000 per month from I granted summary judgment in favor of August 23, 1996 to the date this action is the Government on Epstein's and Fisher's finally decided. Epstein cross-moved against waiver argument, holding that "no reason- Fisher to remand its holdover action to state able fact finder could conclude from [the) court, and Fisher cross-moved against Ep- undisputed facts and the sequence of events, stein for consolidation of the holdover action including the acceptance of rent after the with the pending federal action. cure period but before the actual termination 2. In its first counterclaim, Fisher seeks a declara- still has an interest in the Court's decision as to tion that the sublease is valid and that Fisher is whether OFM properly terminated its lease with lawfully entitled to full possession and use of the Epstein. Moreover, Fisher's rights as subtenant premises. In its second counterclaim, Fisher derive from Epstein's rights as overtenant. for if I seeks a declaration that the sublease was auto- decide as a matter of law that the lease was matically renewed for a five-year term. com- properly terminated on August 23, 1996. neither mencing January 31, 1997, because Epstein Epstein nor Fisher has any right to occupy the properly exercised his right of first refusal. Premises beyond that date. Thus, I will treat all 3. Technically. Epstein asserted only the first ar- four arguments in opposition to the Govern. gument, and Fisher asserted all four arguments. ment's motion as though they were asserted by Epstein is no longer occupying the Premises, but Epstein and Fisher jointly. EFTA00187395 U.S. I EPSTEIN 409 CI144027 F.3059.241 404 (S.D.N.Y. 1991) of the lease, that that could constitute a Group and Ron Softer, agreed to be bound waiver in light of the very clear nonwaiver by any order I entered with respect to Fish- clause in the lease." (Tr. at 39). I reserved er's right to occupy the Premises. On March decision, however, on the following issues: 13, 1998, after the Government submitted its (1) whether the lease unambiguously re- motion, Diane Fisher executed the stipula- quired that OFM's consent to an assignment tion and order, also agreeing to be bound. or sublet be in writing, in which case Massey To date, Soifer still has not executed the could not have orally consented, as a matter stipulation. Hence, the Government's motion of law, to Epstein's sublet of the Premises to for summary judgment against the Subten- Fisher, (2) whether OFM was permitted un- ants is still pending with respect to Softer der the lease to unreasonably withhold con- only. sent to Epstein's consent to a sublet to Fish- er, or whether it was bound by an implied DISCUSSION obligation of good faith and fair dealing, and (3) whether, assuming the latter, OFM in fact A. Standards for Summary Judgment withheld its consent unreasonably. The standards applicable to motions for Finally, I ordered Epstein to pay into an summary judgment are well-settled. A court escrow fund eight days worth of the $15,000 may grant summary judgment only where rent for the month of August 1996 and an there is no genuine issue of material fact and additional $15,000 for September 1996 (be- the moving party is therefore entitled to cause OFM had already accepted his tender judgment as a matter of law. See Fed. of rent through August 23, 1996, and Epstein R.Civ.P. 56(c). Accordingly, the court's task had collected rent from Fisher through Sep- is not to "weigh the evidence and determine tember 30, 1996). Additionally, I ordered the truth of the matter but to determine Fisher to pay into the fund $15,000 per whether thre is a genuine issue for trial." month, beginning October 1, 1996 to date, Anderson I Liberty Lobby, Inc, 477 U.S. and continuing for each month thereafter. 242, 249, 106 S.Ct. 2605, 91 L.Ed.2d 202 (1986). Summary judgment is inappropriate 2. The Government's Addition of the if, resolving all ambiguities and drawing all Subtenants as Defendants inferences against the moving party,id. at In the course of discovery on its claims for 255, 106 S.Ct. 2505 (citing Adickes I S.H. relief against Epstein and Fisher, the Gov- Kress & Ca, 398 U.S. 144, 158-59, 90 S.Ct. ernment learned that Fisher had further sub- 1598, 26 L.Ed.2d 142 (1970)), there exists a let the Premises to the Subtenants, also with- dispute about a material fact "such that a out the prior written consent of OFM. The reasonable jury could return a verdict for the Government then sought leave to amend the nonmoving party." Anderson, 477 U.S. at complaint pursuant to Federal Rule of Civil 248 106 S.Ct. 2606. Procedure 15 to name the Subtenants as Once the moving party meets its initial additional defendants in the action. I grant- burden of production, the burden shifts to ed the Government's motion on the record at the nonmoving party to demonstrate that the December 17, 1997 oral argument. The there exist genuine issues I material fact. Government thereafter filed a second amend- Matsushita Elec. Indus. Ca Zenith Radio ed complaint and served a copy on each of Corp., 476 U.S. 574, 585-86, 106 S.Ct. 1348, the Subtenants. 89 L.Ed2d 638 (1986). To defeat a motion In an effort to settle the case, I held a for summary judgment, however, the non- conference on January 28, 1998. At the con- moving party "must do more than simply clusion of that conference, the Government show that there is some metaphysical doubt requested permission to file a motion seeking as to the material facts." Id. at 586, 106 partial summary judgment against the Sub- S.Ct. 1348. There is no issue for trial unless tenants. By stipulation and order dated there exists sufficient evidence in the record March 6, 1998, all of the named Subtenants, favoring the party opposing summary judg- except for Diane Fisher &Wa The Fisher ment to support a jury verdict in that party's EFTA00187396 410 27 FEDERAL SUPPLEMENT, 2d SERIES favor. Anderson, 477 U.S. at 249, 106 S.Ct. ises to Fisher. The Assignment and Sublet 2506. As the Supreme Court stated in Clause expressly states that "Tenant may Anderson, "If the evidence is merely color- sublet all or part of the Premises, or assign able, or is not significantly probative, sum- this lease or permit any other person to use mary judgment may be granted." Id at the Premises with the advance written per- 249-50, 106 S.CL 2506 (citations omitted). mission of Landlord" (Massey Decl., Exh. With these standards in mind, I turn to the B at 4) (emphasis added). Epstein's and Government's motions for partial summary Fisher's argument that the word "may" sug- judgment. gests that OFM could approve a sublease or assignment in writing or orally is tortured. B. The Government's Motion for Partial Only one interpretation of this clause is tena- Summary Judgment against Epstein ble: prior written consent of OFM was re- and Fisher quired for a sublet. Epstein's and Fisher's argument would render the language of the 1. Whether the Lease Permitted Oral clause meaningless, and I am obliged to read Consent to a Proposed Sublet or As- the lease in a manner that gives full force signment and effect to all clauses contained therein. Epstein and Fisher contend that summary See Lloyds Bank PIC Republic of Ecua- judgment should be denied because there dor, No. 96 Civ. 1789 ( ), 1998 WL 118170, exists a genuine issue of material fact as to at •8 (S.D.N.Y. Mar. 16, 1998). Accordingly, whether OFM orally consented to Epstein's OFM could not have orally consented to Ep- request to sublet the Premises to Fisher. stein's proposed sublet to Fisher, as a matter The Government, on the other hand, argues of law, and, therefore, I need not reach the that the lease unambiguously required that a question of whether OFM actually gave oral sublet or assignment of the Premises be ap- consent. proved in advance in writing, and that, there- fore, even if OFM did orally consent, such 2. Whether the Lease Permitted OFM consent was invalid as a matter of law. to Unreasonably Withhold Written 11-31 In contract disputes, the Court be- Consent to a Proposed Sublet gins by examining the language of the con- The last issue to be decided on this motion tract itself to determine the parties' intent. is whether OFM was entitled to refuse Ep- Stroll I Epstein 818 F.Supp. 640, 643 stein's proposed sublet to Fisher arbitrarily, (S.D.N.Y.), affd, 9 FM 1637 (2d Cir.1993). or whether it breached a duty of good faith If the agreement sets forth the parties' in- and fair dealing implicit in the lease agree- tent clearly and unambiguously, the Court ment by unreasonably refusing to grant such need look no further. See Sterling Drug Inc. consent in writing. Resolution of this issue Bayer AG, 792 F.Supp. 1357, 1366-66 turns on whether federal contract law or (S.D.N.Y.1992), red in part, remanded in New York landlord-tenant law applies. part, 14 F.3d 738 (2d Cir.1994). Whether the [51 Generally, under New York law, text of an agreement is ambiguous or unam- where a lease requires a tenant to obtain the biguous is a matter of law to be decided by prior written consent of the landlord to sub- the Court. Sterling Drug, 792 F.Supp. at let or assign leased premises, a landlord may 1366. A contract is not deemed ambiguous refuse consent arbitrarily, unless the lease unless it is reasonably susceptible of more contains a clause specifically stating that the than one interpretation, and the Court makes landlord may not unreasonably withhold such this determination by reference to the con- consent See Dress Shirt Sales, Inc., Hotel tract alone. Banque Ambe et Internationale Martinique Assocs., 12 N.Y2d 339, 239 D'Investissement I. Maryland Nat'l Bank, N.Y.S.2d 660, 662, 190 N.E2d 10 (Ct.App. 67 F.3d 146, 162 (2d Cir.1995). 1963). The Assignment and Sublet Clause in 141 The lease clearly provides that Ep- the lease between OFM and Epstein re- stein was required to obtain the advance quired Epstein to obtain prior written con- written consent of OFM to sublet the Prem- sent of OFM to a proposed sublet, but it EFTA00187397 U.S. EPSTEIN 411 ch.. 27 F.Suppld 404 (5.D.N.Y. 1991) contained no provision prohibiting OFM from of landlord and tenant. Powers t United unreasonably withholding such written con- Skates Postal Seru, 671 F.2d 1041, f042, 1046 sent. (7th Cir.1982); Reed United States Postal The Government, relying on New York Sera., 660 F.Supp. 178, 181 (D.Mass-1987). landlord-tenant law, asserts that it was enti- The question remains, therefore, what law tled to withhold its consent to Epstein's pro- applies in the absence of a federal rule on posed sublet to Fisher for any reason, or for point. no reason at all. Epstein and Fisher, howev- As the Supreme Court has made clear, my er, disagree. They contend that, because the power to create federal common law in the Government is a party to the lease, interpre- absence of federal landlord-tenant law is lim- tation of the lease is governed by principles ited. Several recent Supreme Court deci- of federal common law, not New York State sions have reaffirmed the principle that the law. Pursuant to federal common law of con- power of the federal courts to fashion princi- tracts, Epstein and Fisher continue, the lease ples of federal common law is limited. See, between OFM and Epstein contains an im- e.g., O'Melveny & Myers FDIC, 512 U.S. plied covenant of good faith and fair dealing, 79, 87-88, 114 S.Ct. 20487 129 L.Ed.2d 67 citing Neal & Co. !t United States, 36 Fed. (1994) (noting that cases where the formula- Cl. 600 (1996), re 121 F.3d 683 (Fed.Cir. tion of a "special federal rule" are "few and 1997). The requirement of good faith and restricted"); Kamen I Kemper Fin. Servs., fair dealing, they argue, prohibits OFM from Inc., 500 U.S. 90, sir, 111 S.Ct. 1711, 114 withholding consent unreasonably. OFM's L.Ed.2d 152 (1991) (noting that a federal refusal to consent to Epstein's proposed sub- court "should endeavor to fdl the interstices let of the Premises to Fisher, they contend, of federal remedial schemes with uniform was motivated by its desire to enter into a federal rules only when the scheme in ques- lease with Galinas at a higher rent beginning tion evidences a distinct need for nationwide February 1, 1997. Such conduct was unrea- legal standards or when express provisions in sonable, they argue, and, therefore, OFM analogous statutory schemes embody con- breached the implied covenant of good faith gressional policy choices readily applicable to and fair dealing in the lease. the matter at hand") (citations omitted). (6,7) I conclude that New York landlord- While this recent Supreme Court authority tenant law rather than general federal con- leaves room for federal courts to create prin- tract principles should apply. As a threshold ciples of federal common law in certain nar- matter, although I agree as a policy matter row circumstances, generally a "significant that federal law should apply, there is no conflict between some federal policy or inter- federal statutory or common law governing est and the use of state law" is required landlord-tenant relations. Federal law before "judicial creation of a special federal should apply because the United States is a rule (is) justified." O'Melveny, 512 U.S. at party. I have jurisdiction over this action 87, 114 S.Ct. 2048. While few courts have based on 28 U.S.C. § 1345 and the FMA 22 addressed the precise issue of whether leases U.S.C. § 4301 et seq. The subject matter of to which the Government is a party are this action is a landlord-tenant dispute, how- governed by general federal common law of ever, and while application of federal law is contracts or state landlord-tenant law, there appropriate in federal question cases where is some case law on point. The Second Cir- applicable federal substantive law exists, cuit has not yet spoken definitively on this there is no federal statutory or common law issue,4 but recently noted the existence of a 4. In United Stales! Bedford Associates, 657 Ii.2d to apply federal law in disputes between the 1300 (2d Cir.1981 , cert. denied, 456 U.S. 914. United States and its lessors?' Id. at 1309 n. 7. 102 S.Ct. 1767, 72 L.Ed.2d 173 (1982). the Sec. The court in Kerin I. United States Postal Sera., and Circuit upheld the district court's applies• 116 F.3d 988 (2d ir.1997), acknowledged the tion of federal contract law to determine whether Bedford Associates decision, but implied that Bed. the United States and a potential lessor of a ford Associates involved the issue of creation of a commercial building had in fact made a contract, lease only, stating that there is "room for fair stating that "tilhis court undoubtedly has power debate" as to whether federal or state law ap. EFTA00187398 412 27 FEDERAL SUPPLEMENT, 2d SERIES conflict between the Federal Circuit and the termined under state law, even when the Seventh Circuit concerning "whether federal United States is a party." United States 1 common law or state law applies to the inter- O'Block, 788 F.2d 1423, 1435 (10th Cir.198M pretation of Postal Service Leases?' Kerin (citing Oregon ex rel. State Land lid United States Postal Sera, 116 F2d 988, Corvallis Sand & Gravel Co., 429 U.S. 363, 990 (2d Cir.1997). On the one hand, the 378-81, 97 S.Ct. 582, 60 L.Ed.2d 650 (1977)).7 Federal Circuit has held that federal law Second, application of state substantive applies to resolve disputes between the Unit- law directly on point is eminently more logi- ed States and its lessors or tenants. See. cal than application of general principles of e.g., Forman I United States, 767 F.2d 875, federal contract law. While application of 879-80 (Fed. ir.1985); 6 Kelley United general federal contract law to Government State* 19 CI.Ct. 155, 162 (1989). On the contracts may be appropriate in certain in- other hand, the Seventh Circuit has held that stances, where, as here, the particular gov- state substantive law governs in landlord- ernment contract is a lease for the use of tenant disputes involving the Government. real property, the adoption of state common See Powers United States Postal Sett, 671 law of landlord-tenant relations, a body of F.2d 1041,1043-46 (7th Cir.1982).. law that has developed precisely to address The Second Circuit in Kerin did not reach the rights and duties of individuals in the the issue of whether federal common law or unique relationship of landlord and tenant, state law applied because, in that case, feder- makes sense. Application of the state rule, al law and state law led to the same result. which permits a landlord to refuse consent to See Kerin, 116 F.3d at 991. I agree with the a sublet or assignment arbitrarily in the ab- Seventh Circuit's conclusion, for two reasons. sence of a clause to the contrary, better serves the interests of the Government as a First, although Epstein and Fisher argue landlord because it permits the Government that a federal rule should be created to pro- mote the creation of a uniform body of law in to have unfettered discretion in deciding who occupies its property. Given the sensitive landlord-tenant disputes involving the Gov- political considerations that often come into ernment, there is no "distinct need" for a play when governmental property, such as nationwide legal standard or a uniform na- the property here in issue owned by Iran, is tional rule. See Kamen, 500 U.S. at 98 Ill S.Ct, 1711. Landlord-tenant law traditional- involved, the Government should have as much discretion as possible. ly has been a matter of state law. There is no compelling reason to disrupt expectations Noting that federal landlord-tenant law that tenants and landlords may have under does not exist, Judge Posner stated in Pow- state law merely because they are entering into a lease with the federal government. The Federal Courts could of course create Courts have long held that, "[albsent control- that law, picking and choosing among ex- ling federal legislation or rule of law, ques- isting state laws and proposed reforms in tions involving real property rights are de- accordance with the recommendations of plies to the interpretation of a lease to which the kited by the Government must pay the Govern- Government is a party. Id. at 990-91. ment a reasonable rent for the period of his occupancy); Reed. 660 F.Supp. at 181 (holding 5. While the Forman court stated that federal law that Massachusetts law governs the rights of the governs in landlord-tenant disputes involving the parties under a Postal Service lease). Government, it nevertheless relied on state law cases in interpreting the particular provision of the Postal Service lease at issue. See 767 P.M at 7. Indeed, the Supreme Court has articulated that 88041. the normal federal disposition where no substan- tive federal provision Is relevant to the legal issue 6. Other courts, too, have applied state substan- at hand is for "federal courts [to) 'Incorporatk) tive law as the rule of decision In landlord-tenant [state law] as the federal rule of decision.'" disputes involving the Government. See, e.g., Kamen, 500 U.S. at 98, III S.Ct. 1711 (emphasis Braxton'. United States, 858 F.2d 650. 655 (11th added) (quoting United States I. Kimbell Foods, Cir.19881 (holding that Florida law applies to Inc., 440 U.S. 715, 728, 99- S.M. 1448, 59 determine whether one who occupies land for- L.Ed.2d 711 (1979)). EFTA00187399 U.S. ■ EPSTEIN 413 CIO: as 27 F.Survad 404 (S.D.N.Y. 1998) eminent scholars and practitioners. It is like cases to landlord-tenant disputes. A not to be expected that the federal courts construction contract does not implicate the would do a very good job of devising a Government's rights, as a possessor of a model code of landlord-tenant law, since valuable leasehold, to regulate the possession they have very little experience in land- and use of real property under its control. lord-tenant matters; and though eventual- Thus, as between general federal contract ly some body of law would emerge it would principles and specific state landlord-tenant not in all likelihood be a uniform body, law, the latter should be applied. Land is because there are [thirteen] federal cir- unique. It is logical, therefore, that a land- cuits and the Supreme Court could be lord should have virtually complete say in expected to intervene only sporadically who occupies its property. See Mann The- atres Corp. I Mid-Island Shopping Plaza • • (Vie do not have to balance compet- Ca, 94 A.D.2d 466, 464 N.Y.S.2d 793, 798 (2d ing federal and state interests in this case Dep't 1983) (noting that landlords have a after all. The overriding federal interest "substantial interest in controlling the as- here is in certainty of right and obligation signability of leases"), eV, 62 N.Y.2d 930, flowing from conformity to known law; the 479 N.Y.S.2d 213, 468 N.E2cl 51 (CLApp. state interest is in offering its landlords a 1984). It makes sense for the law to permit like certainty. These interests converge in a landlord to unreasonably withhold consent favor of adopting . .. state law rather than to a proposed sublet unless the parties spe- federal common law. cifically bargain otherwise. See Alex M. Powers, 671 F.2d at 1045-46. This reasoning Johnson, Jr., Correctly Interpreting Long- is quite convincing, particularly in a case Term Leases Pursuant to Modern Contract such as this, where the Government and Law: Toward a Theory of Relational Leases, Epstein, in all likelihood, "entered [a) legal 74 Va. L.Rev. 751, 758 (1988) (discussing the relationship with the expectation that their majority view that absent contractual agree- rights and obligations would be governed by ment to the contrary landlords are permitted state-law standards." Kamen, 600 U.S. at to unreasonably withhold consent to a sublet 98, 111 S.Ct. 1711. or assignment, and noting that the rule Finally, Er Win's and Fisher's reliance on stems from the "paramount importance of Neal & Ca United States, 36 Fed. Cl. 600 the lessor's ability to control the selection of (1996), alrd 121 F
EFTA01779205.pdf
From: 1 <-> Sent: Sunday, March 13, 2011 12:51 AM To: Jeffrey Epstein Lawyers drag prince into underage sex scandal The deposition of a model =ho worked for Jeffrey Epstein raises questions about the prince's =udgement Michael Bilton, Kate Mansey and John Harlow Published: 13 March =011 • Recommend (0) • Comment (0) Print Follow News Jeffrey Epstein =ired Adrianna to work at his mansion (Neil =asmuss) A former top model who worked for a paedophile friend of =rince Andrew has been questioned under oath about whether the royal was =nvolved with underage girls. Legal documents obtained by The Sunday Times show that =driana was asked if the Duke of York was linked to the scandal =urrounding his billionaire friend Jeffrey Epstein.. is one of four =omen who worked for the US financier who were named as "potential =o-conspirators" when Epstein was convicted of sex offences involving = minor. In a videotaped interview during subsequent civil proceedings, =awyers asked "Has Prince Andrew ever been involved with =nderage minor females to your knowledge?" Invoking the US constitution's =ifth amendment, which protects against self-incrimination, Polish-born =oss, 27, replied: "I refuse to answer." She was also asked "Have =ou ever met Prince Andrew?" and "Have you ever flown on (Epstein'sJ=plane with Prince Andrew?" refused to answer. Flight logs show that Andrew was a =assenger on Epstein's jet in May 2000. In interview it was =lleged that the former Elite agency model travelled on the aircraft =ore than 50 times. It has been claimed that Epstein abused young girls =n the jet. There is no suggestion that Andrew had sexual contact with =ny of the girls or that he knew Epstein abused them. deposition will raise =ore questions about the prince's judgment after he met the =illionaire in New York in December following Epstein's release from =rison. Allegations have been made against Epstein by up to 40 girls, =ith at least 17 cases settled out of court. Epstein is said to have =bused girls as young as 12. He secured protection for his associates =hrough a non-prosecution agreement. The federal document names as = possible co-conspirator. EFTA_R1_00096269 EFTA01779205 Lawyers acting for Epstein's victims in the civil courts =re challenging the agreement and claim it may lead to Andrew being =sked to give evidence. In an interview with Bradley Edwards, a lawyer who represents =ome of the victims,. said she moved to Florida in 2002 after Elite =btained a visa for her to work in America. The model was then hired to =ork in Epstein's Palm Beach mansion and organised his diary. She was =1his side in 2005 at a New York launch party for one of Epstein's =agazines. name was found on messages and notes seized by =etectives from the Florida property. During the interview, she refused to answer any questions =bout her involvement with Epstein. The other "potential co-conspirators", who are thought to =ave helped to procure girls for Epstein, are named as =adia and Lesley Groff. Epstein, 58, served 13 months in prison for soliciting a =inor for prostitution and soliciting prostitution. He will remain on =he sex offenders' register for life. His friend Ghislaine Maxwell, 49, the daughter of Robert =axwell, the late media tycoon, was one of Epstein's closest aides and =s alleged in legal papers to have hired underage girls for him, joining =n the sex games, which she denies. , one victim, told =ow she was kept as Epstein's paid sex slave for four years from the =ge of 15. She said Epstein introduced her to Andrew, who she says she =et three times. It emerged last week that Epstein paid £15,000 to settle a =ebt for the Duchess of York. Royal sources said Andrew was "unwise" =o have remained in contact with Epstein but state he has now severed =ies. Neither nor her lawyer responded to questions put by The =unday Times. 2 EFTA_R1_00096270 EFTA01779206
EFTA00725909.pdf
IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502008CA028058XXXXMB AB Plaintiff, v. JEFFREY EPSTEIN, Defendant. CROSS-NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE that the attorney for Plaintiff in the above-styled cause will take the deposition of MIMI on September 3, 2009 at 9:00 a.m. for the purposes of discovery at the following location: Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Said deposition will be taken before U.S. Legal Support, a Notary Public or any officer authorized to administer oaths by the laws of the State of Florida, and a person who is neither a relative, nor employee, nor attorney, nor counsel of any of the parties and who is neither a relative nor employee of such attorney or counsel, and who is not financially interested in the action. Said deposition will be taken pursuant to Florida Rules of Civil Procedure in such cases provided. Said oral examination will continue from hour to hour and from day to day until completed. 1 EFTA00725909 CERTICATE OF SERVICE I HEREBY CERTIFY that the original of the above and a copy of the foregoing has been provided thisg7 day of July, 2009 via U.S. Mail and facsimile transmittal to D. Critton, Jr., Esq., Burman, Critton, et al., 515 North Flagler Drive, Suite 400, West Palm Beach, FL 33401; Jack Alan Goldberger, Esq., Atterbury Goldberger & Weiss, P.A., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; and Jay Howell, Esq., Jay Howell & Associates, P.A., 644 Cesery Boulevard, Suite 250, Jacksonville, FL 32211. ROTHSTEIN ROSENFELDT ADLER Attorneys for Plaintiff 401 East Las Olas Blvd., Suite 1650 Fort Lauderdale, Florida 33301 Telephone (954) 522-3456 Facsimile (954) 527-8663 By: Bradley J. Edwards Florida Bar Number 542075 EFTA00725910
EFTA01076158.pdf
Page 502
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL
CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO:502008CA028051XXXXMB AB
Plaintiff,
-vs- VOLUME IV OF IV
JEFFREY EPSTEIN
AND
Defendants.
VIDEO-CONFERENCED AND VIDEOTAPED DEPOSITION OF
Tuesday, February 09, 2010
10:09 - 5:05 p.m.
250 Australian Avenue South
Suite 1500
West Palm Beach, Florida 33401
Reported By:
Cynthia Hopkins, RPR, FPR
Notary Public, State of Florida
Prose Court Reporting
Job No.: 1296
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Page 503 Page 505
1 APPEARANCES: 1 PROCEEDINGS
2 On behalf of the Plaintiff.," and
3 BRAD J. EDWARDS. 2
FARMER, JAFFE, WELSSREG, EDWARDS 3 THE VIDEOGRAPHER: We're back on the
FESTOS & 1EHRMAN, P.L
425 North Andrews Avenue record at 1:48 p.m.
5 Suite 2 5 BY MR. LUTHER:
Fort 'da 33301 6 Q. Okay, Ma'am. I want to add that during
6 Phone:
7 On behalfo the Jeffrey Epstein: 7 the morning session, I was asking you some
3 ROBERT D. CRITTON, JR., F5QU1RE 8 questions. I just want to go over a couple of
MARK T. Lunn, ESQUIRE
9 atramAN. CRJTTON, LUTTIER & COLEMAN. ELP 9 things. One of the first things I asked you this
303 Banyan Boulevard 10 morning is whether you understood you were under
10 Suite 400 11 oath today. And you indicated you did understand
West 33401
Phone 12 that?
2 On he fot the De ate, Jeffrey Epstein: 13 A. Comet.
3 JACK ALAN GOLDTJERGER. ESQUIRE
ATTERBURY, GOLDBERGER & WEISS, P.A. 14 Q. Are you, did you, are you aware of the
250 Australian Avenue South 15 fact that it is a crime known as perjury to make a
Suite 1403 16 false statement under oath?
Is West Pa a 33401-5012
Phone: 17 A. Correct.
16 18 Q. Are you also aware that it is a separate
17
18 ALSO PRESENT. kffrey Epsldn, via video conference 19 crime, a federal crime to make a false statement to
4/7.7ney, Viikographier
Daniel C1 20 an FBI agent?
19 Visual Evidence, Incorporated 21
20 A. Correct.
21 22 Q. And you've already admitted that you
22 23 committed that federal crime; you lied to the FBI,
23
34 24 according to you.
25 25 A. I was in fear of my son's life, correct.
Page 504 Page 506
1 1 Q. Now, l want to ask you one more time: Is
2 INDEX VOLUME I 2 there anything you want to correct about any of your
3
3 testimony this morning, especially as it relates to
4
5 DIRECT CROSS REDIRECT RECROSS 4 m
workio min s laces of employment that i wiltave termed
5 5 to be at or about or near
7 6
BY MR. LUTHER 4 7 A. Correct. I'm fine on that.
8
9
8 Q. Okay. Isn't it a fact that on Saturda
10 9 January 30th, you went to
11 EXHIBITS 10 A. Yes.
12 11 Q. And you got them, what time, around 8:00?
13 A. Yes.
14 EXHIBIT DESCRIPTION PAGE
13 some point in time you left
15 DEMI
Photo of 512 14 did you not?
16 15 A. Yes.
518 16 Q. And you went to a place called
ad 17 of Palm Beach, did you riot?
634
18 A. Not that I recall. I don't know a name
19 19
20 618 20 Q. Well, would be the
21 Each' located right next door to
21 22 . You're familiar with that, aren't, ''.
22
23 23 A. I thought that was affiliated with
24 24 MI.
25 25 Q. Well, so that ue know —
2 (Pages 503 to 506
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Page 507 Page 509
1 (Cellphone interruption.) 1 v it's to the left side of
2 THE WITNESS: Oh, Pin sorry, my phone. 2 as you look at it. It's got a
3 MR. LUTTIER: Sure. Oo ahead. 3 separate entrance. It's got neon signs on it?
4 THE WITNESS: Okay. Sorry. 4 A. Okay.
5 BY MR. LUTTIER: 5 Q. And it's known as
6 Q. There is whether or not it's 6 You're aware of that place, aren't you
7 affiliated with 1 don't know. When 7 MR. EDWARDS: Fora
8 you referred to your testimontl ming that you 8 THE WITNESS: I'm not aware of any name.
9 didn't go anyplace other than MM Rhinos and BY MR. LUTHER:
10 places affiliated did, with it, did you mean to 10 you w in the establishment known
11 include in those places that you went of 11 as on the evening of
12 Palm Beach? 12 Saturday, January 30th, 2010, were you not?
13 A. I personally never heard ofaiir 13 MR. EDWARDS: Font
14 Beach, but I know that, there, that has 14 THE WITNESS: If that's what it's called,
15 a couple places affiliated with them. long, as far as I know,
16
17
Q. What places do they have that are
affiliated with them?
15
16
17
MM.
of, you know.
that's the name I know it as
18 A. The back and then there's an entrance to 18 BY MR. LUTTIER:
19 another place. That's all ! know. 19 Q. Well, this is a place that has a separate
20 Q. Well, tell me about this entrance to 20 Y don't go through the entrance of
21 another place. What am yo 21 . rate entrance
22 A Well, in the back of there is 22 for a place called
23 a little section that the dancers -- I don't know 23 A. Well —
24 exactly what they do there, but that's where I do sell 24 Q. I want to make sure we're real clear here
25 shoes and my lingerie. 25 we're not playing semantics.
Page 508 Page 510
1 And then there is another entrance that 1 A We're not playing what?
2 you can go through and then there is another it's 2 Q. Semantics.
3 like there's, I know that there's, there's a lot of 3 A. Okay.
4 doors. I don't know what they consist of. 1 don't 4 MR. CRITTON: Word games.
know what they do there, but I know that they are 5 THE WITNESS: Oh.
6 t that they were affiliated with 6 MR. LUTTIER: All right?
7 and that's where I also go to sell 7 THE WITNESS: Yeah.
8 my shoes and purses. 8 BY MR. LUTTIER:
9 Q. Oka about a place in 9 Q. Sil dai rwere in fact, in this place
10 the back of the ou • access 10 called on Saturday, January
11. to by going through the 11 30th, 2010, were you not?
12 establishment? 12 MR. EDWARDS: Object to the fonn.
13 A. Yes. 13 THE WITNESS: I definitely walked through
14 Q. All right. Now, what is this second place 14 an elmitithought was affiliated
15 that you are talkin a out that u say is 15 with
16 affiliated with 16 BY MR. LUTTIER:
17 A. ter go through out the back 17 Q. And there's a black female in there that
18 door of and take a right, and then there 18 works at the front desk, is there not? There was on
19 is a place there that's affiliated with them. 19 Saturday night.
20 Q. Is there a name? Is there a separate 20 A. Oh, I don't know. I don't know who works
21 entrance to the place? 21 there. I don't blow.
22 A. I — they're connected. 22 Q. And the --
23 Q. Is there a separate name on this place? 23 A. I just know that I go into and
24 A. Not that I know of 24 I sell my —
25 Q. Okay. I'm tallthsabout a place that's 25 Q. And —
3 (Pages 507 to 510)
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Page 511. Page 513
2
3
it . — items.
the name that you're known as is
isn't that right?
1
2
3
A. No. I say to the girls, my name is
they know that I sell all ofmy, all ofmy cil an
lingerie and shoes and everything else I sell.
and
4 A. I'm not known as r= 4 Q. But there is no doubt that now that you
5 Q. That's the name you remember we were 5 have seen this picture, you were in that
6 asking you about the cards you used to use? 6 establishment that is depicted on Exhibit No. 3 on
A. Yeah, I was known as =in '07 and '08. 7 January 30th, right?
8 Q. that's the name you've used in the past 8 A. Correct.
9 is 9 Q. And you drive a white Mitsubishi Gallant;
10 A. Yes. 10 is that right?
11 Q. And in fact on Saturda January 30th, you 11 A. Yes.
12 were working in which was. i2 Q. License plate number is is that
13 to use your terms, a were you not? 13 correct.
14 A. NA I was not working there. 14 A. I don't know my license plate number, but 1
15 Q. And you were charging $120 fora halfhour 15 definitely drive a white Mitsubishi Gallant
16 to perform services; isn't that right? 16 Q. And is, was that vehicle parked outside
17 A. No. 17 of the Palm Beach on Saturday night,
18 Q. Andacame out and told somebody your 18 rnatu y e 30th?
19 name was Mend that that was your charge, 19 A. Yes, but like I said before, from my
20 didn't you not? 20 knowledge, I thought this was affiliated with
21. A. No, I did not. All I do is sell shoes and 21
22 purses there. 22 Q. And that car
23 MR. LUTRER: Let me show you a picture 23 A. And they don't like me to park, they don't
24 here which we'll mark as, !guess we want to do 24 like me to park in front of because
25 it in order. It will be Exhibit 3. 25 there are so many clienteleflAgoe n., out. So
Page 512 Page 514
1 (Defendant's Exhibit No. 3 was marked for 1 they need as much parking space as they can.
2 identification.) 2 Q. And you stayed at
3 THE WITNESS: This place, yeah, ifs next 3 until what hour on the
4 to - 4 be January 31st?
5 MR. LUTTIER: Hold on. Hold on. 5 A. I stayed until what time?
6 THE WITNESS: Sorry. 6 Q. Yeah, the morning until — what time on
7 BY MR. LUTTIER: 7 the morning of Sunday, January 31st, did you leave?
8 Q. I have to ask you a couple of questions. A. Well, I would go wail
9 Do you recognize Exhibit 3? 9 closing like 5, .. •t" 1m le.1 back ofhere, of
10 A. Yes but what I would do, 'would go out of 10 that's like, sometimes they have after
11 from the beck and go into the back 11 parties t This is what I hear from the,
12 entrance of or whatever this place is called. 12 the manager at And like I said,
13 Q. SA so, now upon seeing the picture, you 13 sometimes lam/ MM.; a couple ofdrinks.
14 want to correct our testimon and say, in fact, you 14 And I'm not sure what time I left
15 were in on Saturday? 15 Q. I don't want to know —
16 A. I, from my understanding, from my knowledge, I 16 A. As long estkeep on selling shoes and
17 thought that this place was owned by 17 lingerie, I'm the there.
18 Q. All right. The place of business that's 18 Q. I am not asking about sometimes. T am
19 depicted in Exhibit No.3, were you in that place of 19 talking about Sunday morning, January 31st, 2010,
20 business on Saturday, January 30th? 20 what time did you leave on that day?
21 A. Yes, selling my items. 21 A. I couldn't tell you that. I don't know.
22 Q. And did you, in fact, on that night, on 22 Q. Well, what's your best estimate?
23 Saturday,hus30th, toll individuals that your 23 A. I don't know, sir.
24 name was and that you charged $120 per half 24 Q. Well, first of all you closed
25 howl at, what, 5 in the morning?
a......4:01.3.4SOW.,••••••••.•...mveatilmcnista
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Page 515 Page 517
1 A. I closed it? 1 A. And we started talking to people.
2 Q. Yeah, you were them until it closed? 2 Q. Who did you talk to in particular?
3 A. Yes. 3 A. I don't know anyone else.
4 Q. And then you went over to 4 Q. Did you talk to a male there?
5 right? 5 A. Yeah.
6 A. That I thought was from the 6 Q. Have him over at your table?
7 back 7 A. He came closer to — we were at the bar.
8 Q. Whatever. 8 Q. The three of you were talking, were you
9 A. Okay. 9 not?
10 Q. And then, how much longer did you stay 10 A. Yeah.
11 there? 11. Q. Do you remember the guy having a laptop?
12 A. I stayed there a little while because there is 12 A. Yes.
13 more girls there that like to buy my items. 13 Q. What did you-all do on the laptop or what
14 Q. Now, let's talk about your trip to New 14 did he do on the laptop while you were there and you
15 York 15 both were sitting there?
16 A. Okay. 16 Well, I told him that I modeled for
17 Q. Tuesday, February 2nd, 2010. Remember I 17 And I told him if he would like to see my
18 asked you earlier about whether you ever used any 18 pictures, to go onto
19 business cards? 19 Q. So, did you tell him about any other
20 A. Yes. 20 websites?
21. Q. When you went on this trip to New York, 21 A. Excuse me?
22 did you have any cards? 22 Q. Did you tell him about any other websites?
23 A. No, not that I no. 23 A. No, not that I recall.
24 Q. Did have any cards? 24 MR.LIMIER: Let's mark this as
M.
25 A. Not that I know of. 25 exhibit — what's this, 4?
Page 516 Page 518
1 Q. Did you, when you went to the Palm Beach 1 THE COURT REPORTER: Four.
2 International Airport, did you give the taxicab 2 MR. LUTHER: Mark this as 4.
3 driver a card? 3 MR. EDWARDS: Is Exhibit 1 and 2 marked —
4 A. Did I give hi card? 4 MR. LUITIER: Yeah.
5 Q. Yeah, you or M., little business card? 5 MR. EDWARDS: in the previous depo?
6 A. I didagive him a card, no. 6 MR. LUTHER: Yeah, the previous depo.
7 Q. Did M. give him a business card? 7 Although I don't know where the exhibits are or
8 A. Not that I know of. • 8 they were.
9 Q. When you went into the Palm Beach MR. EDWARDS: Okay.
10 International Airport, your card — do you recall 10 MR. LUTTIER: It was like answers to
11 going to a bar? 11 interrogatories. Something like that.
12 A. Palm Beach International Airport, yeah, I went 12 MR. EDWARDS: Okay.
13 to a bar there — 13 (Defendants Exhibit No. 4 was marked for
14 Q. What bar do you go to? 14 identification.)
15 A. — because I totally missed the flight. 15 BY MR.
1.6 Q. What bar did you go to? 16 Q. Let me show you what's been marked as
17 A. I think it was Fridays, if I am not mistaken 17 Exhibit 4 and ask you if you can identify that.
18 or not. I don't know what it was called. 18 A. This is —
19 Q. Who went VS bar with you? 19 MR. EDWARDS: Wait until he asks you a
20 A. 1 went withM. to the bar and it was just 20 question.
21 her and 1. 21 BY MR. LUTHER:
22 Q. And for how long was it just the two of 22 Q. Can you identify it?
23 you? 23 A. Yes.
24 A. For like ten minutes. 24 Q. What is it?
25 Q. And then what happened? 25 A. This si— 1modeled forallitand it
_
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1 is their advertisement now. 1 Q. Did you do anything else that evening?
2 Q. And is this one of the pictures on your 2 A. Yes, we went out to dinner.
3 website? 3 Q. After you — did you leave the apartment
4 A. On my website? 4 and go look around at Grand Central Station and then
5 Q. Yeah or your Facebook, !guess, account 5 keep on walking around or did you come back to the
6 or MySpace, whatever it was. 6 apartment?
7 A. Yeah, I have posted it on there, yeah. 7 A. We went back to the apartment.
8 Q. Is, was this one of the pictures you were 8 Q. Okay. And then there came a time after
9 telling us at your last deposition that you really 9 you came back from sightseeing that you left the
10 wouldn't want your four-year-old son to see? 10 apartment a second time?
11 A. No, that's fine if he sees this. This is, 11 A. Yes.
12 this is very legit. His mother modeled and I am 12 Q. And that was for what purpose?
13 actually very proud of this photo. 13 A. We went to Angelo's.
14 Q. All right. Now, did you do anything else 14 Q. Okay. And how did you get to Angelo's?
15 with this indigaial before you left the bar that 15 A. We got to Angelo's in a taxi.
16 you, you and M. were talking to at the Palm Beach 16 Q. A taxi?
17 International Airport? 17 A. Uh-huh.
18 A. Did we do anything with him? 18 Q. And that was about what time?
19 Did you give him anything, either you or 19 A. Oh, jeez, maybe, maybe 9:00.
20 20 Q. Between the time — what time did you go
21 A. I don't recall givinglupt anything but — 21 looking at Grand Central Station?
22 Q. Well, did you see M. give him anything? 22 A. That was before 9:00.
23 A. No. 23 Q. Okay. And do you remember, do you recall
24 Q. Did either one of you give him a business 24 that evening an individual by name of Martin
25 card? 25 Krouner?
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1 A. I don't have any business cards. I don't — 1 A. Do I know a man named Martin?
2 Q. Well, I don't — you may want to be 2 Q. Uh.huh, Martin Krouner.
3 careful here. I don't want to trick you. lam not 3 A. No.
4 playing semantics. Did either you or give him 4 Q. Do you remember getting in a black
5 a business card? 5 Series 5 BMW when you came out of the condominium?
MR. EDWARDS: Object to the form. 6 A. We, we did take a ride with a man.
7 THE WITNESS: Not that I recall, no, sir. 7 Q. Well, 'thought you just told me you
8 We had a few drinks and, and we were off to our 8 walked to the restaurant.
flight. 9 A. No, 'told you I took a cab to the restaurant.
10 BY MR. LUTTIER: 10 Q. Oh, took a cab to the restaurant?
11 Q. And then you flew to New York and you took 11 A. Yes.
12 a c and u went to this apartment that's located 12 Q. Did you forget about getting in a car with
13 at in New Yor • is that right? That 13 this man?
14 would be the corner of 14 A. He took us a little sightseeing. No, I did
15 A. rings a bell. 15 not forget about that.
16 That's where we stayed? 16 Q. Was that before dinner?
17. Q. Yeah. 17 A. That was before dinner, yes.
18 A. Yeah. 18 Q. Did you just fail to mention that or —
19 Q. Now, on that evening, the first night that 19 this is different than the man who took you
20 you got there on Tuesday, I think earlier you said 20 sightseeing later, isn't it?
21 you-all walked down a street and went to dinner, is 21 A. Yes.
22 that right? 22 Q. Okay. So, tell me who Martin Krouner is.
23 A. We walked down the street and we walked into 23 A. I don't know his name, if that is his name.
24 a, I think it's Grand Central Station. I'm not sure 24 Q. Well, the guy that picked up in the black
25 because I'm not from there and we looked around. Yeah. 25 BMW, who's he?
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1 A. I guess a friend of_. 1 fellow here, Mr. Martin Krouner?
2 Q. Well, tell us how old this individual was. 2 A. If that's his name. I don't know if we took a
3 Describe him for us. 3 picture of him, but we definitely took pictures of M.
4 A. He has not a lot of hair. He's about five-six 4 and I.
5 maybe and a little chubby. 5 Q. And, and where did you take those
6 Q. For what purpose were you — and you never 6 pictures?
7 met him before? 7 A. Wherever we were.
8 A. No. 8• Q. Okay. And when this man brought you back,
9 Q. never met him before? 9 did he go to darner with you? •
10 A. No. 10 A. He ended up meeting us there, yes.
11 Q. You didn't have any idea who he was? 11 Q. Did he drop you at the restaurant?
12 A. No. 12 A. He dropped us near so we can get there with a
13 Q You-all climbed in car? 13 taxi. He dropped us somewhere off of the street and we
14 A. Yeah, I thinkit was friend. 14 went with a taxi.
15 Q. Okay. What did tell you about the 15 Q. So, he dropped you off and then you got a
16 guy? 16 taxi to get there?
17 A. She's Chinese. She's like go, go; go, go have 17 A. To go to Angelo's, yeah.
18 fun, go search the town. 18 Q. And then he met you there later?
19 Q. So, where did you go with Martin? 19 A. Lateran.
20 A. We ended up meeting him at Angelo's. 20 Q. Okay. About what time?
21 Q. Wait a minute. You got — first of all 21 A. Oh, God, I don't know the times. Maybe this
22 you got in Martin's car, right? 22 was around, maybe around — I'm — this is total
23 A. I got into Martin's car, yes. 23 ballpark, lace 10 maybe.
24 Q. And then where did you go once you got in 24 Q. Okay. Anal& and then after dinner
25 Martin's car? 25 what did you and M. and he do?
Page 524 Page 526
1 A. We searched around the town. 1 A. Well, we took a taxi back to his car. And we
2 Q. What do you mean you searched around? 2 went up to the, we went up to room and he just --
3 A. We went sightseeing. 3 we just said bye.
4 Q. Okay. Do you remember where you went? 4 Q. And did you receive anything at all of
5 A. And we went sightseeing. 5 value from this man?
6 Q. Do you remember where you want 6 A. No.
7 sightseeing? 7 Q. Did you charge him anything?
8 A. Then we took a taxi. No, because I don't know 8 A. No.
9 the area. 9 Q. Were you paid anything for the time you
10 Q. You went sightseeing in Mr. Kroner's car, 10 spent with him?
11 correct? 11 A. No.
12 A. Yes. 12 Q. Now, who's Robert Fredrick Burke?
13 Q. All right. And, and did there come a time 13 A. Robert Fredrick Burke, I have no idea.
14 that you got of Mr. Kroner's car? 14 Q. Well, on the next day on Wednesday,
15 A. Yeah, and we looked around. It was filming 15 February 3rd, did you go sightseeing again?
16 outside, so it was nice to feel the snow. 16 A. Yes, we did.
17 Q. And where did you get out of the car? 17 Q. And you said that this fellow Bobby came
18 A. Sir, I don't know New York. I don't — 18 to see you at the apartment sometime the morning of
19 Q. Well, was it at a restaurant? Was it at 19 Wednesday, February 3rd?
20 the pool? Was it back at the condo? Where was it? 20 A. He came to see us, ubhuh. I'm not sure what
21 A. R was near a whole bunch of buildings. 21 time it was. I think it was around in the afternoon.
22 Q. By the way, did you take any pictures 22 . Okay. And then after he eft, you and
23 while you were up there? 23 did some more sightseeing?
24 A. I did take pictures. 24 A. Yeah, we walked around town.
25 2. Take a icture of you at and this 25 Q. Do you remember getting in a vehicle with
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1 somebody that night? 1 A. I have no idea.
2 A. Yes. 2 Q. Were they a male's clothes or female's
3 Q. Who did you get in a vehicle with? 3 clothes?
4 A. I told you, I don't know his name. 4 A. I didn't search through the garbage. I just
5 Q. Well, where did you, where did you meet 5 know that I threw out the trash.
6 this person? 6 Q. So you're telling me you don't know whose
7 A. Everybody was =friend. =has a lot 7 they were?
8 of friends. 8 A. No.
9 Q. Well, what did you know about the person? 9 Q. Oistry. Do you know
10 A. Nothing. 10 A. Yes, Id°.
11 Q. How old is the person? 11 Q. And how do you know
12 A. I told you, I don't know anything about him. 12 A. We grew up together. ro bly 'mew her since
13 Q. And what kind of vehicle did you get in? 13 1was 12.
14 A. I don't even know the vehicle. 14 Q. Have you ever been engaged in any kind of
15 Q. Toyota Highlander? 15 a business venture, regardless of whether it was a
16 A. Ls it — I don't know. 16 formally formed business venture like a corporation,
17 Q. And what nationality is this individual? 17 but any kind of business venture with .M?
18 A. I have no idea. 18 A. I went, we went to Jeffrey's togWer.
19 Q. And where did this individual take you? 19 Q. My other kind of business venture, you
20 A. He took us to sightseeing and he took us to 20 and her?
21 the Statue ofLiberty, everywhere. 21 A. No.
22 Q. Did you receive anything of value from 22 Q. Were you ever, did you ever represent or
23 him? 23 attempt to start a business venture with her?
24 A. No. 24 A. This is years ago.
25 Q. Did you charge him anything? 25 Q. How many years ago?
Page 528 Page 530
1 A. No. 1 A. Well, 13, 14, 15, like eight years ago.
2 Q. You or El? 2 Q. Okay. So, this is 2010. We're talking
3 A. I did not charahim anything. 3 about 2002?
4 Q. How about ? 4 A. Yeah.
5 A. I don't know what she does but, no, I don't 5 Q. Okay. So tell us about the venture that
6 think so. 6 you were forming with her?
7 Well, was there ever a time that you and 7 A. I don't know what you're talking about.
8 were not together in this person's presence? 8 Q. Well, you were thinking about something
9 A. Other than me going to the restroom, no. We, 9 because you said years ago. You were the one that
10 I, we were pretty much together the whole time. 10 picked the date. So, what was it you were thinking
11 Q. On the evening ofFebruary 3rd, 2010, do 11 about?
12 you recall throwing a bag of trash in the garbage? 12 A. No, I said years ago we, we knew each other.
13 MR. EDWARDS: Mat date is that? 13 We used to hang out. Like we used to do little girl
14 MR. LUITIER: The evening of February 3rd, 14 stuff, go in the pool and —
15 2010, at approximately 9:00 p.m. 15 Q. No, my question was, was there a business
16 THE WITNESS: In the evening. 16 venture and you said it was years ago.
17 MR. LUTHER: Just before you got in the 17 A. It was years ago that I've known her. Any
18 Toyota Highlander. 18 type of business venture, not that I recall.
19 THE WITNESS: Yes, we did. 19 Q. Have you ever told anyone at all that you
20 BY MR. LIMIER: 20 and were forming a business venture or had a
21 Q. Okay. And do you recall what it was that 21. business venture?
22 was in that bag? 22 A. At 12, no, I don't —
23 A. There was whole bunch of clothes and 23 Q. At any, I don't care, right up until
24 everything that did not want, so we threw it out. 24 today.
25 Q. And whose c other were those? 25 A. No. ?
Noliedades tliZteAlit•40 , 11.1111.7a....429>Veal
EFTA00727751.pdf
IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502008CA028051XXXXMB AB Plaintiff, v. JEFFREY EPSTEIN, Defendant. CROSS NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE that on February 11, 2010 at 9:30 AM at Prose Court Reporting Agency, Inc. One Clearlake Centre, 250 South Australian Avenue, Suite 1500, West Palm Beach, FL 33401, the undersigned attorney will take the deposition of: upon oral examination, before, Prose Court Reporting, Notary Public, or any other Notary Public or Officer duly authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or both of the foregoing, or for such other purposes as are permitted under the applicable and governing rules. EFTA00727751 CERTICATE OF SERVICE I HEREBY CERTIFY thatn r original of the above and a copy of the foregoing has been provided this" X C day of January 2010 via U.S. Mail and email transmittal to all those on the attached service list. Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. 425 N. Andrews Ave., Suite 2 Fort Lauderdale, FL 33301 (954) 524-2820 (954) 524-2822 fax By: BRADLEY EDWARDS Florida Bar No.: 542075 SERVICE LIST D. Critton, Jr. BURMAN, CRITTON, et al. 303 Banyan Boulevard, Suite 400 West Palm Beach, FL 33401 Jay Howell, Esq. Jay Howell & Assoc. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 Jack Alan Goldberger, Esq. Atterbury Goldberger et al. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401 EFTA00727752