EFTA01993381.pdf
From: David A. Yarema Sent: Tuesday. April 13. 2010 3:04 PM To: Robert D. Critton Jr. Subject: Epstein - Deposition EFTA_R1_00486990 EFTA01993381
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EFTA00159250.pdf
0001 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 2 Case No. 08-CV-80893-CIV-MARRA/JOHNSON 3 4 5 JANE DOE, 6 Plaintiff, 7 vs. 8 JEFFREY EPSTEIN, et al., 9 Defendants. 10 11 12 13 DEPOSITION OF Volume 14 Pages 1 through 138 Videotaped 15 16 17 Monday, March 15, 2010 10:13 a.m. - 12:42 p.m. 18 U.S. Legal Support 515 East Las Olas Boulevard, 3rd Floor 19 Fort. Lauderdale, Florida 33301 20 21 Stenographically Reported By: 22 Janet L. McKinney, RPR, FPR, CLR 23 Registered Professional Reporter 24 Florida Professional Reporter 25 Certified LiveNote Reporter 0002 1 APPEARANCES: 2 ON BEHALF OF THE PLAINTIFF: 3 FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN 4 425 North Andrews Avenue Suite 2 5 Fort Lauderdale, Florida 33301-3268 6 BY: BRADLEY EDWARDS, ESQ. 7 8 ON BEHALF OF THE DEFENDANT JEFFREY EPSTEIN: 9 BURMAN, CRITTON, LUTTIER COLEMAN, LLP 10 303 Banyan Boulevard Suite 40C 11 West Palm Beach, Florida 33401 12 3524-006 Page I of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009248 EFTA00159250 BY: MICHAEL J. PIKE, ESQ. 13 14 ON BEHALF OF OTHER PLAINTIFFS IN RELATED CASES: 15 KERMELSTEIN & HOROWITZ, P.A. 18205 Biscayne Boulevard 16 Suite 2218 Miami, Florida 3316C 17 18 BY: STUART S. MERMELSTEIN, ESQ. 19 ON BEHALF OF THE WITNESS: 20 ROBBINS, TUNKEY, ROSS, AMSEL, 21 RABEN & WAXMAN, P.A. 2250 Southwest Third Avenue 22 4th Floor Miami, Florida 33129 23 24 BY: ALAN S. ROSS, ESQ. 25 Also Present: Sean McGuire, Videographer U.S. Legal Support 0003 1 INDEX 2 Page 3 Direct Examination By Mr. Edwards 7 4 Cross-Examination By Mr. Mermelstein 111 Redirect Examination By Mr. Edwards 127 Recross-Examination By Mr. Mermelstein 133 6 7 Certificate of Oath 137 8 Certificate of Reporter 138 9 10 EXHIBITS 11 PLF'S 12 No. Description Page 13 14 1 Jane Doe 102 v. Jeffrey Epstein 33 15 complaint 16 2A-2G Telephone messages 62 17 3 Handwritten notes 72 18 2H Telephone message 87 19 4 Gawker.com photo with story 127 20 21 22 WITNESS'S 23 No. Description Page 24 25 1 Target letter 4 0004 1 Videotaped deposition taken before JANET L. 3524-006 Page 2 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009249 EFTA00159251 2 McKINNEY, Registered Professional Reporter, Florida 3 Professional Reporter, Certified LiveNote Reporter and 4 Notary Public in and for the Slate of Florida at Large 5 in the above cause. 6 (Whereupon, Witness's Exhibit 1 was marked for 7 identification.) 8 VIDE0GRAPHER: We are now on the video record. 9 Today is Monday, the 15th day of March, 2010. The 1C time is 9:13 a.m.. (sic). We are here al 515 East. 11 Las Olas Boulevard, 3rd Floor, Fort Lauderdale, 12 Florida, for the purpose of taking the videotape 13 deposition of taken in Case Number 14 08-CIV-80893, ane oe v. effrey Epstein, el. al. 15 The court reporter is Janet. McKinney; the 16 videographer is Sean McGuire, both of V.S. Legal 17 Support. 18 Will counsel and all present please introduce 19 yourself and the court reporter will swear the 20 witness. 21 N.R. EDWARDS: Brad Edwards. I represent the 22 plaintiff, Jane Doe also "Jane Doe"; EW, "EW"; LM, 23 'LM.". 24 MR. MERMELSTEIN: Stuart Mermelstein. I 25 represent Jane Doe Numbers 2 through 8. 0005 1 MR. PIKE: Michael Pike on behalf of Jeffrey 2 Epstein. 3 MR. ROSS: And good morning, my name is Alan 4 Ross. I represent the witness, 5 THE REPORTER: Would you raise your rig 6 hand, please. 7 Do you solemnly swear or affirm the testimony 8 you're about to give will be the truth, and nothing 9 but the truth, so help you God? 10 THE WITNESS: I do. 11 MR. ROSS: Before the deposition begins and in 12 an effort to streamline the process of getting 13 through this deposition on behalf of the witness we 14 have had marked as Witness Exhibit Number 1 an 15 August 31, 2007 letter from the United States 16 Attorney's Office through 17 her then counsel, which is called a 18 target. letter ide. as a target of a 19 federal Grand Jury investigation in the Southern 20 District of Florida and outlining a number of 21 offenses that. were the subject =alter of 22 investigation. 23 As a result of that, it is anticipated that. 24 some of the questions that may be asked during the 25 course of this deposition she may invoke her Fifth 0006 1 Amendment privilege against self-incrimination. 2 And in order to streamline this we've agreed prior 3 to beginning this that she will simply answer "I 3524-006 Page 3 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009250 EFTA00159252 4 refuse to answer.' The parties will understand and 5 the record will reflect that, she is invoking her 6 Fifth Amendment privilege against 7 self-incrimination. 8 If there is some other privilege, 9 attorney-client privilege or sore other objection 1C Chat I may have to a question, I'll specifically 11 state it. But her answer °I refuse to answer• will 12 be on Fifth Amendment grounds if that's acceptable 13 CO everyone. 14 MR. EDWARDS: It's acceptable. 15 KR. MERMELSTEIN: It's acceptable. 16 KR. PIKE: Acceptable. 17 MR. ROSS: Okay. Madam court reporter has 18 already marked the exhibit, and I'll leave that 19 with her. 20 MR. EDWARDS: Okay. 21 22 23 24 25 0007 1 THEREUPON: 2 3 having been first duly sworn or affirmed, was examined 4 and testified as follows: 5 DIRECT EXAMINATION 6 BY K.R. EDWARDS: 7 Q. Can you tell us your full full name. 8 A. 9 Q. At some point in time you were known as 10 is that correct? 11 A. Correct. 12 Q. And when did that change? 13 14 15 16 17 18 19 20 Q. When were ou married? 21 A. 22 Q. uk4v. whni 'mvout le of birth? 23 24 25 A.[ Q. A. Yes. 0008 1 Q. And who are you married to? 2 3 4 5 3524-006 Page 4 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009251 EFTA00159253 6 A. Correct. 7 8 9 10 11 w 12 13 14 15 A. 16 Q. w o was t e connection at 17 that invited you? 18 19 20 21 22 23 24 25 0009 1 2 3 4 5 6 7 8 Q. Well, you can continue. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0010 1 2 A. Yes. 3 Q. So in order to come to the United States you 4 needed to get a work visa? A. I was invited actually just to kind of get a 6 feeling if I will be suitable. So I came on a business 7 tourist visa which is, I believe, 61/82. 3524-006 Page 5 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009252 EFTA00159254 8 Q. Okay. And where did you first go when you 9 came to the United States, what state? IC A. Florida. 11 Q. And what city in Florida? 12 A. Miami. 13 Q. And what did you do for your two weeks when 14 you first arrived in Miami, Florida? 15 A. I do not recall. 16 Q. Okay. But did you do any modeling? 17 A. Well, like I would see some photographers, the 18 agency would send me like on all calls to see 19 photographers to kind of introduce me as a model. 2C why did you make the decision Lo go with 21 in the United Stales when you already were 22 modeling in -- 23 A. Um-hum. 24 Q. -- Europe? 25 A. Well, you know, just to expand it was 0011 1 something that I did. And I decided to take a year off 2 after I graduated from. high school and -- you know, 3 just to expand the modeling -- the modeling 4 possibilities, opportunities. 5 Q. Where di uate from high school? 6 A. In 7 Q. What ear? 8 A. Q. And do you have any college? Have you gone to 10 college after that? 11 12 13 14 did you get your associate's degree from. 15 16 A. 17 Q. chelor's degree right 18 now? 19 A. Yes. 2C Q. From where? 21 A. 22 Q. in wnaL. 23 A. 24 Q. a you been in the 25 program? 0012 A.Since fall 2 Q.And when do you expect to graduate? 3 A.Fall 4 Q.Are you a full-Lime student or part-Lime? 5 A.I'm a full-time student at this time. 6 you first arrived in Miami, Florida in 7 did you decide during that two weeks that_ 8 you were going to stay permanently? 9 A. No. 3524-006 Page 6 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009253 EFTA00159255 IC Q. Okay. Did you go back to 11 A. Yes, I have. I have -- I went back for 12 Christmas. 13 Q. Okay. Poor question. Going back LcI'm 14 trying to just understand how it was that -- you came 15 over here on a two-week business visa, but eventually 16 you ended up staying for a longer period of Lime, 17 correct? 18 A. Right- 19 Q. Okay. And how did that. come about, just tell 20 me? 21 A. Well, I got. romantically involved with my 22 current husband and so when -- you know, we just 23 started dating, we got engaged, and that's how, you 24 know, our relation evolved -- evolved, and eventually, 25 you know, I got married and -- and stayed. 0013 1 Q. Okay. And since coming to the United States 2 have you always lived in Miami, Florida? 3 A. No. 4 Q. All right. Where else have you lived in the 5 United States? 6 A. New York. 7 Q. Where in New York? 8 A. Manhattan. 9 Q. What, was the address in Manhattan where you 10 lived? 11 MR. ROSS: I'm going to advise you Lo invoke 12 privilege. 13 A. I refuse to answer. 14 Q. Okay. Have you -- are you familiar with an 15 address at 301 East 66th Street in New York? 16 A. I refuse to answer. 17 MR. PIKE: May we take a break for a second? 18 May I speak with you? 19 MR. ROSS: Sure. 20 VIDEOGRAPHER: Off the record, 10:22 a.m. 21 (Recess Laken at 10:22 a.m.) 22 (Deposition resumed at 10:23 a.m.) 23 VIDEOGRAPHER: On the record, 10:23 a.m.. 24 MR. ROSS: Brad, let me just interrupt for a 25 moment. 0014 1 MR. EDWARDS: No problem. 2 MR. ROSS: Just to be sure, when the witness 3 answers "I refuse to answer" to be clear the Cull 4 statement that she's not saying for the sake of 5 saving Lime is that. she's invoking her Fifth 6 Amendment right against self-incrimination. Just. 7 to be clear. 8 MR. EDWARDS: That's what I've understood all 9 along. IC MR. MERMELSTEIN: That's what I understood. 11 MR. ROSS: Okay, fine. Go ahead. 3524-006 Page7of68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009254 EFTA00159256 12 MR. EDWARDS: This is just for the sake of 13 brevity -- 14 MR. ROSS: Exactly. 15 MR. EDWARDS: -- and let's move it on. 16 BY MR. EDWARDS: 17 Q. All right. So I'm going to ask the question 18 again, I don't remember whether you'd responded yet, 19 but are you familiar with the address in Manhattan 20 301 East. 66th Street in New York? 21 A. I refuse to answer. 22 Q. Okay. How long did you live in -- well, what 23 was the first address that you lived in in Miami? 24 A. 25 0015 1 Q. South Shore. Okay. 2 A. Um-hum. 3 Q. Have you ever had your deposition Laken 4 before? 5 A. No. 6 Q. Okay. You're doing very well so far. There's 7 a couple rules I didn't explain but mainly because 8 you're doing very well. I just. have to wait for you to 9 finish your answer; you have to wait for me to finish 10 my question. We have one court reporter. She can only 11 Lake down one of us. Give us an answer that we all 12 understand. Nodding of the head or shaking the head 13 are easy to do and I gel what you're saying, but she 14 doesn't. Ah-ha or un-ah are things that are commonly 15 said. They look the same on paper. 16 If I ask a bad question which could happen, as 17 already happened and probably will again, just tell me 18 'I don't understand the question," I'll ask it again -- 19 A. Okay. 20 Q. -- all right? 21 And I'm assuming that's the address, 22 where you began living in !Pk 23 24 A. Correct. 25 Q. How long did you live al that address? 0016 1 A. I'm sorry, I don't understand our uestion. 2 Q. How long did you live al the 3 address that you moved into in the fall in 2002? 4 A. Well, since -- since I came I lived there, I 5 always stayed there whether being in Miami traveling 6 back and forth, and I live currently at this address. 7 Q. Okay. What was the first lime that you moved 8 from that address to live elsewhere? 9 A. I do not recall. IC Q. Okay. I know that you told me you lived in 11 New York City and we're not going to discuss -- I'm 12 assuming you're not going to answer a lot of questions 13 about New York City, but at what time period did you 3524-006 Page 8 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009255 EFTA00159257 14 move there? Was it right after you got here two weeks, 15 a year later? I'm just trying to get a year as to when 16 you moved Lo New York? 17 MR. ROSS: I'm going Lo instruct you not to 18 answer. 19 A. I refuse to answer. 20 Q. Okay. Do you know a guy by the name of Jean 21 Luc Brunel? 22 A. I refuse to answer. 23 Q. Where are your parents? 24 A. They're in 25 Q. And since you ve been n t e United States C017 1 have they come to the United Stales? 2 A. Yes, they have visited me. 3 Q. Have they ever met Jeffrey Epstein? 4 A. I refuse to answer. 5 Q. Have they ever met Jean Luc Brunel? 6 A. I refuse to answer. 7 Q. Where are you currently employed? 8 A. I pursue -- I go to school full-time, I do not 9 work. 10 Q. Are you also still in the modeling business 11 though? 12 A. No, I'm not. 13 Q. And when was the last. Lime you did any 14 modeling? 15 16 17 Q. And why did you stop modeling at that. tire? 18 A. I wanted -- I always kind of knew that it's 19 something Lhat I'm going to be doing and I just decided 20 to go and pursue a college degree. 21 Q. Okay. Is it something that you ever plan to 22 go back to, modeling? 23 A. No. 24 Q. Are you involved at all with the modeling 25 industry? C018 1 A. No. 2 Q. I mean, helping to recruit models, helping 3 others to recruit models, anything like that? 4 A. No. 5 Q. Do you ever -- do you currently talk Co 6 Er. Brunel? 7 A. I refuse to answer. 8 Q. When is the last time that you talked to 9 Jeffrey Epstein? IC A. I refuse to answer. 11 Q. Do you know a woman by the name of Ghislaine 12 Maxwell? 13 A. I refuse to answer. 14 Q. Do you know someone by the name of 15 3524-006 Page 9 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009256 EFTA00159258 16 A. I refuse to answer. 17 Q. Do you know a person named 18 A. I refuse to answer. 19 Q. Did Jeffrey Epstein have anything Lo do with 20 you moving to New York City? 21 A. I refuse to answer. 22 Q. Did you ever live in a place in New York City 23 owned or controlled by Jeffrey Epstein? 24 A. I refuse to answer. 25 Q. Are you familiar with the modeling agency MC 0019 1 Squared? 2 A. I refuse to answer. 3 Q. Do you know of underage females being 4 transported into this country to work for the modeling 5 agency MC Squared? 6 A. I refuse to answer. 7 Q. Do you know of those underage females being 8 given work visas and staying at the 301 East 66th 9 Street address? 10 A. I refuse to answer. 11 Q. Can you say whether you have observed 12 Mr. Brunel or Mr. Epstein engaging in sex with underage 13 females? 14 A. I refuse to answer. 15 Q. Do you know where Mr. Brunel lives? 16 A. I refuse to answer. 17 Q. Is it true that. Mr. Brunel slays in the 301 18 East. 66th address frequently with underage females? 19 A. I refuse to answer. 20 Q. AL what point were you hired to work for 21 Mr. Epstein? 22 Nil. PIKE: Form. 23 MR. EDWARDS: You can still answer the 24 question. Mr. Pike is making a legal objection. 25 A. I refuse to answer. 0020 1 Q. And how did -- how did it come about that you 2 began working with Jeffrey Epstein? 3 MR. PIKE: Form. 4 A. I refuse Lo answer. Q. What did Jeffrey Epstein pay you in salary? 6 MR. PIKE: Form. 7 A. I refuse to answer. 8 Q. What was the time period that. you worked for 9 him? 10 A. I refuse to answer. 11 Q. Why did you stop working for him? 12 MR. PIKE: Form. 13 A. I refuse to answer. 14 Q. What initially were you hired to do? 15 A. I refuse to answer. 16 MR. PIKE: Form. 17 Q. Has Jeffrey Epstein ever paid you to stay 3524-006 Page 10 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009257 EFTA00159259 18 quiet or keep quiet about what went on in his house? 19 MR. PIKE: Form. 20 A. I refuse 10 answer. 21 Q. Have you talked to 22 about the things that went on in Jeffrey 23 Epstein s ouse? 24 MR. PIKE: Form. 25 A. I refuse to answer. 0C21 1 Q. Did you sign a confidentiality agreement with 2 Jeffrey Epstein? 3 A. I refuse to answer. 4 MR. PIKE: Form. 5 Q. Did that confidentiality agreement outline 6 what you should say to authorities should he be caught 7 with underage females? 8 MR. PIKE: Form. A. I refuse to answer. l0 Q. Is there another book or manual or written 11 memorialization of what you, as an employee of Jeffrey 12 Epstein, should do if confronted by law enforcement? 13 MR. PIKE: Form. 14 A. I refuse to answer. 15 Q. Are you invoking your Fifth Amendment right 16 because you believe you could be prosecuted? 17 MR. ROSS: Invoke. 18 A. I refuse to answer. 19 Q. Are you also invoking because you're scared to 20 testify against Jeffrey Epstein? 21 MR. PIKE: Form. 22 A. I refuse to answer. 23 Q. When did you first learn that Jeffrey Epstein 24 had a sexual obsession for underage females? 25 A. I refuse to answer. 0022 V.A. PIKE: Form. 2 Q. Isn't it true that you have seen Jeffrey 3 Epstein sexually interacting with females as young as 4 12 years old? 5 A. I refuse to answer. 6 MR. PIKE: Form. 7 Q. Is it true that you have observed Jeffrey 8 Epstein's sexual obsession to include the age range 12 9 to 17? IC MR. PIKE: Form. 11 A. I refuse to answer. 12 Q. Have you ever had sex with Jeffrey Epstein? 13 A. I refuse to answer. 14 MR. PIKE: Form. 15 Q. Have you ever been paid for sex with Jeffrey 16 Epstein? 17 MR. PIKE: Form. 18 A. I refuse to answer. 19 Q. Do you know if had sex with 3524-006 Page II of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009258 EFTA00159260 20 Jeffrey Epstein when she was underage? 21 MR. PIKE: Form. 22 A. I refuse to answer. 23 Q. What have you been told about Jeffrey 24 Epstein's sexual obsession with underage minor 25 children? 0023 1 MR. PIKE: Form. 2 A. I refuse to answer. 3 Q. Isn't it true that Jeffrey Epstein interacted 4 sexually with underage minors on an everyday basis? 5 MR. PIKE: Form. 6 A. I refuse to answer. 7 Q. And most of the time Mr. Epstein would 8 interact with underage minors at least two times a day; 9 is that true? 10 MR. PIKE: Form. 11 A. I refuse to answer. 12 Q. Can you explain to the jury how Mr. Epstein 13 would access new underage minor females for sex every 14 day? 15 MR. PIKE: Form. 16 A. I refuse to answer. 17 Q. How many assistants did Jeffrey Epstein hire 18 to bring him underage minor females for sex? 19 A. I refuse to answer. 2C M.R. PIKE: Form. 21 Q. Were you one of those assistants that helped 22 to bring him underage minor females? 23 MR. PIKE: Form. 24 A. I refuse to answer. 25 Q. I know that_ the laws in are probably 0024 1 different than they are here, but are you familiar with 2 the Florida Statutes that protect children against 3 sexual offenders or sexual predators? 4 MR. ROSS: Invoke. 5 A. I refuse to answer. 6 Q. Let me just read you the lewd or lascivious 7 molestation statute and then I'm going to ask you some 8 questions about iL. 9 IL says: 'A person who intentionally touches IC in a lewd or lascivious manner the breasts, genitals, 11 genital area or buttocks or the clothing covering them 12 of a person less than 16 years of age or forces or 13 entices a person under 16 years of age to so touch the 14 perpetrator, commits lewd or lascivious molestation, a 15 second degree felony.' 16 After hearing that statute isn't that 17 something -- isn't that a crime that you know 18 Mr. Epstein to have committed on an everyday basis 19 while you were working for him? 2C MR. PIKE: Form. 21 A. I refuse to answer. 3524-006 Page 12 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009259 EFTA00159261 22 Q. And that's a statute that he violated with 23 more than 1CC underage females; is that true? 24 MR. PIKE: Form. 25 A. I refuse to answer. 0025 1 Q. When did you become aware that. Mr. Epstein was 2 a child molester? 3 MR. PIKE: Form. 4 A. I refuse to answer. 5 Q. Have you ever seen him with a female under the 6 age of 12? 7 MR. PIKE: Form. 8 A. I refuse to answer. 9 Q. Have you ever known Jeffrey Epstein to have 10 sex with an adult? 11 MR. PIKE: Form. 12 A. I refuse to answer. 13 Q. Does he -- is he sexually attracted to adults? 14 MR. PIKE: Form. 15 A. I refuse to answer. 16 Q. When was the first time you learned of 17 Mr. Epstein getting a massage from an underage minor 18 female? 19 MR. PIKE: Form. 20 A. I refuse to answer. 21 Q. I realize some of these questions may sound 22 repetitive but during this case we've learned of key 23 terms that different people on Mr. Epstein's let's say 24 payroll or inner circle recognize or talk about. So 25 when I talk about •massages', do you know what. that 0026 1 term means? 2 MR. PIKE: Form. 3 A. I refuse to answer. 4 Q. Isn't "massage• the word that was told by 5 Jeffrey Epstein to all of his employees to refer to 6 whatever acts he engages in with underage females in 7 his bedroom? 8 MR. PIKE: Form. 9 A. I refuse to answer. 10 Q. AL this point -- were you -- were you ever in 11 the bedroom with him when he was engaging in sexual 12 acts with underage females and calling them "massages"? 13 MR. PIKE: Form. 14 A. I refuse to answer. 15 Q. Did you ever participate in any of the sexual 16 acts that Jeffrey Epstein was having with underage 17 females? 18 MR. PIKE: Form. 19 A. I refuse to answer. 20 Q. Now, just so that the record is clear there is 21 not a single piece of evidence that ever indicates that 22 you were involved with underage females, I'm not even 23 implying that and I realize that you invoking it may -- 3524-006 Page 13 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009260 EFTA00159262 24 may give the wrong light and that's not -- that's not 25 my intention, so -- but were you ever aware of 0027 1 participating in sex with underage females? 2 A. I refuse to answer. 3 Q. Have you read the police reports related to 4 the criminal investigation into Mr. Epstein? 5 A. I refuse to answer. 6 Q. And you're aware of this 87-page police report 7 that details numerous females that indicate that they 8 were involved sexually with Mr. Epstein when they were 9 minors? 10 A. I refuse to answer. 11 N.R. PIKE: Form. 12 Q. Did anyone instruct you to use the code word 13 *massage"? 14 A. I refuse Lo answer. 15 Q. And when referring to these underage minor 16 females that would come over to Mr. Epstein's house did 17 anybody also tell you to use the term 'work•? 18 A. I refuse to answer. 19 MR. PIKE: Form. 20 Q. Meaning when somebody would call to schedule 21 one of these underage females for a massage isn't it 22 true that they would say "It's time to come to work" 23 and schedule a specific appointment? 24 MR. PIKE: Form. 25 A. I refuse to answer. 0028 1 Q. Is there a book or manual or is it written 2 anywhere that the -- that sex with underage minors is 3 to be referred to as a "massage"? 4 A. I refuse to answer. 5 MR. PIKE: Form. 6 Q. Were there ever team meetings, for lack of a 7 better word, where Jeffrey Epstein and possibly 8 Ghislaine Maxwell, yourself, would talk 9 about this organization of obtaining underage girls for IC Jeffrey Epstein for sex? 11 MR. PIKE: Form. 12 A. I refuse Lo answer. 13 Q. What methods does Jeffrey Epstein use to gain 14 access to underage minor females for sex? 15 MR. PIKE: Form. 16 A. I refuse to answer. 17 Q. What is your understanding of Jeffrey 18 Epstein's involvement with the modeling industry? 19 MR. PIKE: Form. 20 A. I refuse to answer. 21 Q. Have you ever modeled for MC Squared? 22 MR. PIKE: Form. 23 A. I refuse Lo answer. 24 Q. Has Jeffrey Epstein ever promised you anything 25 related to a modeling career? 3524-006 Page 14 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009261 EFTA00159263 0029 1 MR. PIKE: Form. 2 A. I refuse to answer. 3 Q. Have you ever talked to Jean Luc Brunel about 4 modeling? 5 A. I refuse to answer. 6 Q. Rave you ever talked to Jean Luc Brunel about 7 his desire to have sex with underage females? 8 A. I refuse to answer. 9 Q. Isn't it true that Jean Luc Brunel has been in 10 trouble for years for having sex with underage minors 11 in Europe? 12 A. I refuse to answer. 13 Q. Are you familiar with The McIntyre Reports? 14 A. I refuse to answer. 15 Q. Okay. Are you familiar with reports done on 16 modeling agencies back in the 80's and 90's related to 17 agency owners having sex with underage minors? 18 MR. ROSS: Answer the question. 19 A. No, I'm not. 20 Q. Okay. Did you ever hear of Jean Luc Brunel's 21 reputation for having sex with underage girls? 22 MR. ROSS: Invoke. 23 A. I refuse to answer. 24 Q. Do you know how Jean Luc Brunel knows Jeffrey 25 Epstein? 0030 1 A. I refuse to answer. 2 MR. PIKE: Form. 3 Q. Isn't their connection the obsession for 4 underage minor females? 5 MR. PIKE: Form. 6 A. I refuse to answer. 7 Q. Based on your observations of Jeffrey Epstein 8 would you categorize his obsession for underage minor 9 females as an addiction? 10 MR. PIKE: Form. 11 A. I refuse to answer. 12 Q. Isn't it true that Ghislaine Maxwell delivers 13 underage minor females to Jeffrey Epstein? 14 MR. PIKE: Form. 15 A. I refuse to answer. 16 Q. Have you ever had a sexual relationship with 17 Ghislaine Maxwell? 18 A. I refuse to answer. 19 Q. Do you know what Ghislaine Maxwell does in 20 general for Jeffrey Epstein? 21 MR. PIKE: Form. 22 A. I refuse to answer. 23 Q. Have you seen photographs of underage minor 24 females in Jeffrey Epstein's patrol -- control or 25 possession? 0031 1 MR. PIKE: Form. 3524-006 Page 15 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009262 EFTA00159264 2 A. I refuse to answer. 3 Q. Were there surveillance cameras, hidden 4 surveillance cameras inside Jeffrey Epstein's home? 5 MR. PIKE: Form. 6 A. I refuse to answer. 7 Q. Did those surveillance cameras capture 8 underage minor females naked? 9 MR. PIKE: Form. 10 A. I refuse to answer. 11 Q. And didn't Jeffrey Epstein and Ghislaine 12 Maxwell watch those surreptitiously obtained videos of 13 underage minor females? 14 MR. PIKE: Form. 15 A. I refuse to answer. 16 Q. And those videos and photographs of underage 17 minor females were saved on Jeffrey Epstein's computers 18 in his house, right? 19 MR. PIKE: Form. 20 A. I refuse to answer. 21 Q. Have you seen those photographs and videos on 22 Jeffrey Epstein's computers? 23 MR. PIKE: Form. 24 A. I refuse to answer. 25 Q. Who have you talked to related to the criminal 0032 1 investigation into Jeffrey Epstein? 2 A. I refuse to answer. 3 MR. PIKE: Form. 4 MR. ROSS: In addition, attorney-client 5 privilege. 6 Q. And I certainly would do not want to know 7 anything you talked to your attorney about, I 8 apologize. 9 A. (Nods.) 10 Q. Why was it that you were named as a 11 co-conspirator of Jeffrey Epstein's in the 12 non-prosecution agreement? 13 MR. PIKE: Form. 14 A. I refuse to answer. 15 Q. Do you feel like a victim of Jeffrey 16 Epstein's? 17 MR. PIKE: Form. 18 A. I refuse to answer. 19 Q. Do you feel like Jeffrey Epstein brainwashed 20 you to some extent? 21 MR. PIKE: Form. 22 A. I refuse to answer. 23 Q. Do you feel any remorse for any role that. you 24 may have played in having underage minor females at 25 Jeffrey Epstein's house for him to molest them? 0033 1 MR. PIKE: Form. 2 A. I refuse to answer. 3 Q. Have you known Ghislaine Maxwell and Jeffrey 3524-006 Page 16 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009263 EFTA00159265 4 Epstein to keep sex slaves? 5 A. I refuse to answer. 6 Q. Do you know somebody named 7 A. I refuse to answer. 8 Q. Have you met 9 A. I refuse to answer. 10 MR. EDWARDS: All right. Let me go ahead and 11 mark as -- as Plaintiff's Exhibit. 1 a lawsuit that 12 was filed by Bob Josefsberg on behalf of Jane Doe 13 102 v. Jeffrey Epstein just for the purposes of 14 asking the witness some questions. 15 MR. ROSS: I've seen it. 16 (Whereupon, Plaintiff's Exhibit 1 was marked 17 for identification.) 18 Q. Have you ever read the lawsuit Jane Doe 102 v. 19 Jeffrey Epstein? 20 A. I refuse to answer. 21 Q. In the lawsuit it indicates the plaintiff was 22 15 years old when Ghislaine Maxwell and Jeffrey Epstein 23 had a threesome with this underage minor female. Are 24 you aware of that? 25 MR. PIKE: Form. 0034 1 A. I refuse to answer. 2 Q. And Jeffrey Epstein and/or Ghislaine Maxwell 3 obtained and purchased passports for 15-year-old Jane 4 Doe 102 to transport her to Palm Beach, New York City, 5 Santa Fe, Los Angeles, San Francisco, St. Louis, as 6 well as Europe, the Caribbean, and Africa; are you 7 aware of that? 8 A. I refuse to answer. 9 MR. PIKE: Form. 10 Q. It's also alleged that. Jeffrey Epstein in 11 addition to molesting Jane Doe 102 along with Ghislaine 12 Maxwell forced her to have sex with other models, 13 actresses, and celebrities? 14 A. I refuse to answer. 15 MR. PIKE: Form. 16 Q. It also indicates that Jeffrey Epstein 17 transported other minor girls from Turkey, the Czech 18 Republic, Asia, and other countries. Are you aware of 19 that? 20 MR. PIKE: Form. 21 A. I refuse to answer. 22 Q. Is Jeffrey Epstein involved in the 23 international child sex trade? 24 MR. PIKE: Form. 25 A. I refuse to answer. 0035 1 Q. Is Jean Luc Brunel his partner in that 2 international child sex trade? 3 MR. PIKE: Form. 4 A. I refuse to answer. 5 Q. Are you aware that after -- that Jeffrey 3524-006 Page 17 of 68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009264 EFTA00159266 6 Epstein forced Jane Doe 102 to have sex with ocher 7 adult male peers including royalty, politicians, 8 academicians, businessmen and/or other professional and 9 personal acquaintances of Jeffrey Epstein's? IC MR. PIKE: Form. 11 A. I refuse to answer. 12 Q. Is that something that he did with girls other 13 than Jane Doe 102? 14 MR. PIKE: Form. 15 A. I refuse to answer. 16 Q. Aren't you familiar with Jeffrey Epstein's 17 practice of pimping out, underage minor females to other 18 people that have the same sexual obsession with 19 underage minors? 20 MR. PIKE: Form. 21 A. I refuse to answer. 22 Q. And doesn't he benefit financially from that 23 sex trade? 24 MR. PIKE: Form. 25 A. I refuse to answer. 0036 1 Q. Jane Doe 102 ultimately escaped from him and 2 left to Australia, is that your understanding? 3 A. I refuse to answer. 4 MR. PIKE: Form. 5 Q. Have you ever spoken with Jane Doe 102? 6 A. I refuse to answer. 7 Q. On one of Epstein's birthdays a friend of 8 Jeffrey Epstein sent Co him. 12 -- three 12-year-old 9 girls from France who spoke no English for Epstein to 10 sexually exploit and abuse and after doing so he sent 11 them back Lo France the next day. Are you familiar 12 with that? 13 MR. PIKE: Form. 14 A. I refuse to answer. 15 Q. Isn't that something that is fairly common for 16 Mr. Epstein? 17 A. I refuse to answer. 18 MR. PIKE: Form. 19 Q. Who are Lhe friends that send to Jeffrey 20 Epstein underage minor females for his birthday so that. 21 he can abuse? 22 A. I refuse to answer. 23 MR. PIKE: Form. 24 Q. Is one of those friends Jean Luc Brunel? 25 A. I refuse to answer. 0037 1 Q. Have you ever Mel Prince Andrew? 2 A. I refuse to answer. 3 Q. Has Prince Andrew been involved with underage 4 minor females to your knowledge? 5 A. I refuse to answer. 6 Q. Have you ever met Alan Dershowitz? 7 A. I refuse to answer. 3524-006 Page 18of68 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00009265 EFTA00159267 8 Q. When Alan Dershowitz stays al Jeffrey 9 Epstein's house isn't it true that he has been at the IC house when underage minor females have been in the 11 bedroom with Jeffrey Epstein? 12 A. I refuse to answer. 13 Q. Has -- are you familiar with the media 14 publication or online resource RadarOnline? 15 A. I refuse to answer. 16 Q. Is that. something that. you assisted 17 Mr. Epstein with when he purchased RadarOnline? 18 A. I refuse to answer. 19 Q. And do you know his business partner in that. 2C endeavor? 21 A. I refuse to answer. 22 Q. Isn't it also true that he used RadarOnline as 23 another way to gain access to underage minor females 24 for sex? 25 MR. PIKE: Form. 0038 1 A. I refuse to answer. 2 Q. Have you been to all of Jeffrey Epslein's 3 properties? 4 MR. PIKE: Form. 5 A. I refuse to answer. 6 Q. Certainly you've been to the properly at 358 7 El Brillo Way, correct? 8 MR. PIKE: Form. 9 A. I refuse to answer. 10 Q. Have you been to his property in Manhattan? 11 A. I refuse to answer. 12 MR. PIKE: Form. 13 Q. And have you been to his island in -- it was 14 Little St. James, I believe he calls it
EFTA00723882.pdf
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA B.B., Case No: 502008CA0373193OOCX MB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFF'S CROSS NOTICE OF TAKING DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: NAME; DATE AND TIME: 1.0CATION: Detective Joseph Recary February 25, 2010 se Court Re ortin One 9:30 AM 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 of this Notice was mailed this to: Jack A. Goldberger, Bruce E. Reinhart, Esq., D. Critton, Jr., Michael J. Pike, LEOPOLD-KUVIN P.A. By: Spencer . Kuvin, Esq. Florida Bar No: 089737 EFTA00723882 Epstein Matter Depositions Currently Scheduled as of February 2, 2010 Pia i -t 4-61 gna% a ,.....„ WitlAii gapit i ta So .21 B.B. IME of BB 2/5/10 Prose Court Re. Noticed by Jess 9:00 a.m. 2/9/10 Prose Court Re• Noticed by Jess 10:00 a.m. (Tentative Date) B.B. 2/11/10 'rose ourt 'ep Noticed by Kuvin Cross - (by video) 9:30 a.m. Cross by Edwards LM,EW, Doe,Fed Doe #4 2/12/10 Prose Court Re. Noticed by Jess (By Video) 10:00 a.m. Pr Ai 2/12/10 2:00 p.m. Noticed by Jess L.M. I 2/15/10 Prose Court Re. Noticed by Jess 9:00 a.m. y v eo) L.M. Janusz Banasiak 2/16/10 Prose, WPB Noticed by 10:00 a.m. Edwards L.M. Jeffrey Epstein 2/17/10 Prose Court Re. Noticed by (by video) 10:00 a.m. Edwards B.B. Det. Joseph 2/25/10 Prose Court Rep. Cross Notice by Cross Recarey 9:30 a.m. WPB Kuvin (who was Notice first???) B.B. -• -• 2/26/10 Noticed by Jess 9:00 a.m. 3/01/10 Pr Noticed by 10:00 a.m. Edwards yv eo EFTA00723883 WPB 3/05/10 Notice by Jess 9:00 a.m. iligi lin (Tentative Date) * Agreed Upon / Scheduled ** Have service EFTA00723884
EFTA01076251.pdf
1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50-2008-CA-028051 XXXX MB AB Plaintiff, vs. JEFFREY EPSTEIN, Defendant. / VIDEOTAPED DEPOSITION OF JEFFREY EPSTEIN TAKEN ON BEHALF OF THE PLAINTIFF DATE: February 17, 2010 U.S. Legal Support EFTA01076251 1 February 17, 2010 1 THEREUPON, 2 INDEX 2 JEFFREY EPSTEIN 3 WITNESS DIRECTCROSS REDIRECT RECROSS 4 JEFFREY EPSTEIN 3 being by Toni Becker first duly sworn to tell 5 BY MR. EDWARDS 4 4 the whole truth, as hereinafter certified. 6 testified as follows: EXHIBITS 7 FOR IDENTIFICA PAGE 6 DIRECT EXAMINATION 8 I Jane Doe numb usJeffrey 7 BY MR. EDWARDS: Epstein complain 35 9 8 Q Can you give us your name. 2 Document, Nonprosecution Agreement 135 9 A Jeffrey Epstein. 10 10 Q Mr. Epstein, you made a comment when you 11 CER1iFILO QUESTIONS 11 came in the room that you were appreciative of me 12 12 being respectful to your housekeeper yesterday Page Line 13 and I intend for that to be the same with you 13 61 22 14 today. 14 123 20 15 1 want to start by asking you, at this 146 l4 16 point we've gone through a lot of discovery in 15 148 153 5 17 this ease. There aren't may disputed facts as 16 159 13 18 to what actually happened at your house. 162 3 17 19 Generally I think you would agree that you 18 20 derived a way for young females to come to your 19 21 house and engage In varying degrees of sexual 20 21 22 activity, some of the girls as young as 12, some 22 23 of them as old as seventeen or so, most in 23 24 between, but as of yet you haven't provided an 24 25 25 explanation. 3 1 The videotaped deposition of JEFFREY 1 1 want to provide you an opportunity to 2 EPSTEIN in the above-entitled and numbered cause, 2 tell the jury at this time why you did ft. 3 was taken before me, TERRI BECKER, a Registered 4 Professional Reporter and Notary Public for the 3 MR. PIKE: I'm going to object 5 State of Florida at Liege, at 444 West Railroad 4 Confusing, compound and irrelevant, as 6 Avenue, in the City of West Palm Beach, Palm worded. 7 Beach County, in the State ofFlorida, beginning 8 at the hour of 5 eiclock a.m, pursuant to 6 A You know, I would like to answer that 9 the Notice in said cause for the taking of said 7 question, frankly. However, at this time, my 10 deposition which is annexed to the court file 8 attorneys have told me that I can't and 1 must 11 herein, on behalf of the PLAINTIFF in the 12 above-entitled action pending in the above-named 9 invoke my Fifth, Sixth and Fourteenth Amendment 13 court 10 rights or I risk losing their counsel. 14 The appearances at said time and place 11 Accordingly, I therefore assert those rights. 15 were as follows: 16 12 Sorry. FARMER, JAFFE, WEISSING, EDWARDS, F1STOS & LEHRMAN, P.L. 13 MR. PIKE: In addition to that I'll move 17 Attorneys for Plaintiff 14 to strike counsel's statement as a 425 North Andrews Avenue, Suite 2 15 narrative, as well. 18 Fort 33301 Tel: 16 MR. EDWARDS: I understand. I wanted to 19 BY: BRAD . WARDS 17 provide him an opportunity, if today was STEVEN R. JAFFE, ESQ. 18 going to be the day. 20 BURMAN, CRITTON, LUTTIER & COLEMAN 19 MR. PIKE: Same thing, move to strike. 21 Attorneys for Defendant 20 Q Mr. Epstein, how long have you been 303 Banyan Boulevard, Suite 400 21 sexually attractive to underage minor females? 22 Wes orida 33401 Tel: 22 MR. PIKE: Objection, harassing, 23 BY: MICHAEL PIKE, ESQ. 23 argumentative. 24 ALSO PRESENT: 24 A Are you kidding? JOE ROVNER, Videographer 25 (U.S Legal Support) 25 Q No, l mean, I don't feel Eke I'm 2 (Pages 2 to U.S. Legal Support EFTA01076252 8 1 divulging any secrets here, right? 1 argumentative, compound, harassing and 2 MR. PIKE: Move to strike. 2 irrelevant. 3 Q That's the question that's pending. 3 Q You can answer. 4 A I would like to answer that question as 4 A I would like to answer, however, I'm 5 well, as all your other questions today, however, 5 going to have to assert my Fifth Amendment, Sixth 6 I have to follow my attorneys' advice. They have 6 Amendment, Fourteenth Amendment right as advised 7 told me I must invoke my Fifth, Sixth and 7 by my counsel, otherwise I risk losing their 8 Fourteenth Amendment right to not answer those 8 advice. 9 questions today, or any questions relevant to 9 Q Mr. Epstein, have you ever been 10 this lawsuit, so accordingly, I'm going to assert 10 diagnosed with a sex addiction to minors by a 11 those rights and under the constitution 11 psychologist or other medical professional? 12 guaranteed by the Fifth and Sixth, and Fourteenth 12 A I intend to respond to all of your 13 amendment. 13 questions at some relevant time; however, today 14 Q Would you consider yourself addicted to 14 at the present time, my attorneys have counseled 15 sex with minor females? 15 me that I cannot provide answers to any questions 16 MR. PIKE: Same objections. 16 relevant to this lawsuit and I must accept their 17 A You know, Mr. Edwards, again, I want to 17 advice or risk losing my Sixth Amendment rights 18 be very respectful. As the current U.S. Attorney 18 to effective representation. 19 has described your law firm as a criminal 19 Accordingly, I assert my Fifth, 20 enterprise and part of one of the largest frauds 20 Federal — Fifth and Sixth and Fourteenth 21 in Florida's history, it has been reported that 21 Amendment rights, to the United States 22 your firm has fabricated multiple cases against 22 Constitution. 23 me in order to fleece unsuspecting investors out 23 MR. PIKE: In addition to that, Mr. 24 of millions and millions of dollars, so 24 Edwards, as the Court has ruled on several 25 unfortunately at this time, although I would Ida 25 matters, Mr. Epstein's medical history is 7 9 1 to answer that question, on advice of counsel I 1 not relevant at this time nor has he placed 2 will have to refrain and assert my Fifth, Sixth 2 same at issue in this case. 3 and Fourteenth Amendment right. 3 MR. EDWARDS: Understood. 4 Q Can you then provide an explanation for 4 Q Mr. Epstein, were you sexually abused as 5 what relevance that soliloquy of yours has to, 5 a minor? 6 whether or not you engaged in sex acts with- 6 A Again? 7 When she was a minor? 7 Q Were you sexually abused, as a minor? 8 MR PIKE: Objection, no, he cannot 8 A You know, again, I would like to respond 9 Argumentative. Compound, harassing. 9 to all -- if any questions seem to be relevant. 10 MR. EDWARDS: Mr. Pike, with all due 10 I would like to respond to any relevant question 11 respect, it was not my idea for him to give 11 at this time; however, my attorneys have 12 this speech about a former ARA law firm I 12 counseled me that I cannot provide answers to the 13 was asking to elaborate on that. 13 questions relevant to this lawsuit today. I must 14 MR. PIKE: Counsel, I'm working with 14 accept their advice or risk losing my Sixth 15 your follow-up question. 15 Amendment right to effective representation. 16 MR. EDWARDS: I understand. 16 Accordingly then, I assert my Fifth, Sixth and 17 MR. PIKE: I'm objecting, object to the 17 Fourteenth Amendment right to the United States 18 form and stating the reasons on the record 18 Constitution. 19 why the form is required to be objected to, 19 Q Isn't it true that you have engaged in 20 based upon your question. 20 some sexual interaction with hundreds of underage 21 MR. EDWARDS: Will he elaborate on the 21 minor females In die last ten years of your 22 relevance of that soliloquy to his touching 22 life? Is that true? 23 -when she was 13, 14 and 15 years old in 23 MR. PIKE: Objection, relevance. 24 a sexual manna? 24 A Mr. Edwards, the current U.S. Attorney 25 MR. PIKE: I'm going to object again, 25 has described your law firm as a criminal 3 (Pages 6 to 9) U.S. Legal Support EFTA01076253 10 12 1 enterprise and pan of the largest fraud in 1 50 years old? 2 Florida's history. It has been reported that 2 MR. PIKE: I'm going to object once 3 your firm fabricated multiple cases, many, many 3 again. We are getting way too argumentative 4 multiple cases against me in order to fleece 4 with the questioning. The questioning is 5 unsuspecting investors out ofmillions and 5 compound It is speculative and it is also 6 millions of dollars. Unfortunately, at this time 6 harassing. Whether or not this deposition 7 in response to your question, my attorneys have 7 video, thereofis played in front of a jury 8 advised me that I must assert my Sixth Amendment, 8 is a question of fact, and it will be 9 Fifth Amendment, Fourteenth Amendment right. 9 determined by a judge pursuant to a motion 10 Though, I believe, you know, that I would really 10 in limine, various portions thereof may or 11 like to answer your questions today, but at this 11 may not be played, so hiving placed those 12 moment i must assert those rights or risk having 12 objections on the record I'm going to 13 my attorneys resign. 13 insttuct Mr. Epstein not to answer that 14 Q You're Invoking your Fifth Amendment 14 question. 15 rights to each of these questions because you 15 MR. EDWARDS: Mr. Pftce, I don't know if 16 know your answers will incriminate you and you 16 you watehegainia hours of harassing 17 feel it will result in you being prosecuted for 17 questions tri=that she sometimes 18 your crimes; Isn't that right? 18 invoked her Fifth Amendment rights, I 19 MR. PIKE: Objection, argumentative, 19 understand the adverse advice that would be 20 harassing. Calls fora legal conclusion. 20 given and she was made to answer these 21 Q You can answer. 21 questions and these exact same questions 22 A No, in fact, the Supreme Court recently 22 were asked ofher, in fact, I'm using the 23 said the Fifth Amendment right is there to 23 phraseology from Mr. Luttier. I'm not 24 protect the innocent, so, that's the way I would 24 trying to harass him. 25 like to answer that. 25 Q I'm simply asking him to explain to the 11 13 1 Q Are you actually telling the Jury that 1 jury. If you're saying it didn't happen, if 2 you didn't commit the crimes that have been 2 you're saying it did happen, explain to the jury 3 alleged against you by the various females that 3 why you did it. That's all I want to hear. I'm 4 were under age when you engaged in sex with 4 being respectful about this. 5 them? Are you telling the jury that right now? 5 MR. PIKE: In an effort to keep a clean 6 MR. PIKE: Objection, argumentative, 6 record be respectful to the to the court 7 harassing. 7 reporter rather than having a diatribe back 8 A I would like to respond to that 8 and forth between you and myself, I'll move 9 question, as you know, however, at the present 9 to strike your last statement as 10 time my attorneys have counseled me that I cannot 10 irrelevant. Let's move on. 11 provide answers to any questions relevant to this 11 Q Is it true, Mr. Epstein, you were born 12 lawsuit and i must accept their advice or risk 12 January 20,1953? 13 losing my Sixth Amendment right to effective 13 A Yes. 14 representation. Accordingly, I assert my Fifth, 14 Q Where? 15 Sixth and Fourteenth Amendment right under the 15 A New York. 16 United States Constitution. 16 Q Where in New York? 17 Q Mr. Epstein, you understand that this is 17 A Brooklyn. 19 aeo that will be playe ie Jury in 18 Q Did you go to high school there? 19 trial against you 1m wants answers. 19 A Yes, sir. 20 The jury is going to want answers, so I know that 20 Q Where? 21 you're telling us that you're going to respond at 21 A Lafayette High School. 22 some time In the future; but the time is now. 22 Q After high school did you attend 23 Would you like this opportunity to explain why 23 college? 24 you engaged In sexual activity with.. 24 A Yes. 25 beginning when she was 13 years old and you were 25 Q Where was that? 4 (Pages 10 to 13) U.S. Legal Support EFTA01076254 14 16 1 A New York. 1 I'll restate the answer. I would like to 2 Q What college did you attend? 2 respond, intend to respond, and would like to 3 A Cooper Union. 3 respond to all questions today. However, counsel 4 Q Sorry, i didn't hear. 4 has advised me I must take the Fifth, Sixth and 5 A Cooper Union. 5 Fourteenth Amendment right under the U.S. 6 Q Did you get a degree from Cooper Union? 6 Constitution. 7 A No, sir. 7 Q After college where were you employed? 8 Q How many years were you in college? 8 A You Imow, I would like to respond to all 9 A I believe, two. 9 your questions today, however, on advice of 10 Q What did you study? 10 counsel, I intend to take the Fifth, Sixth and 11 A Physics. 11 Fourteenth Amendment rights provided by the 12 Q Why did you leave college early? 12 United States Constitution or risk losing my 13 A I intend to respond to all relevant 13 counsel's representation. 14 questions regarding this lawsuit, however, at the 14 Q Isn't it true that you were a teacher at 15 present time my attorneys have counseled me that 15 the Dalton School in New York after college? 16 I cannot provide answers to questions that may be 16 A Again, I would like to respond to all 17 relevant to this lawsuit, so accordingly I assert 17 your questions; however, my attorneys have 18 my constitutional rights as guaranteed by the 18 counseled me that i cannot provide answers to any 19 Fifth, Sixth and Fourteenth Amendment. 19 questions today regarding to this lawsuit so I 20 Q Are you invoking your Fifth Amendment 20 must accept their advice or risk losing my Sixth 21 rights as to why you left college, Is it safe 21 Amendment right to effective representation. 22 then to presume that that answer you believe 22 Accordingly, I assert my Constitutional rights as 23 would incriminate you in some way? 23 guaranteed by the Fifth, Sixth and Fourteenth 24 MR. PIKE: I'm going to move to strike, 24 Amendment of the constitution. 25 speculative, argumentative, harassing. 25 Q Mr. Eistein, didrit have sex with any 15 17 Calls for a legal conclusion, and 1know 1 underage students while teaching at the Dalton 2 exactly what you're trying to do here, Mr. 2 School? 3 Edwards, is lace the record with questions 3 A Could you repeat that? 4 that would ultimately give you an adverse 4 Q Yes. Did you have sex with any underage 5 inference at any potential trial of this 5 students while teaching at the Dalton School in 6 matter, so having put that on the record, 6 New York? 7 I'm going to instruct him not to answer that 7 A Mr. Edwards, your firm has been 8 question, based upon his Fifth, Sixth and 8 described by the U.S. Attorney as one of the 9 Fourteenth Amendment rights to the United 9 largest — as a criminal enterprise, perpetrating 10 States Constitution. 10 one of the largest frauds in Florida's history. 13. MR. EDWARDS: With all due respect you 11 It has been reported that your firm fabricated 12 cannot invoke his Fifth Amendment rights, 12 multiple cases against me and others in order to 13 your attorneys instructed me in that fact -- 13 fleece unsuspecting investors out of millions and 14 MR. PIKE: lie can. 14 millions of dollars. 15 MR. EDWARDS: 11M. Had to do it 15 Unfortunately at this time in response 16 herself, so, I would like to hear it from 16 to your question, my attorneys have advised me I 17 Mr. Epstein. 17 must assert my Fifth Amendment, Sixth Amendment 18 Q Can we assume you're Invoking your Fifth 18 and Fourteenth Amendment rights, though I believe 19 Amendment rights as to why you left college 19 you know I would like -- really like to answer 20 early, that that answer you feel would 20 your questions but at this time I must assert 21 incriminate you? 21 those rights or have my attorneys resign. 22 MR. PIKE: Once again, move to strike 22 MR. EDWARDS: Mr. Pike, I think you know 23 for the same reasons. 23 he has a couple of options here. He can 24 You can answer. 24 answer questions or he can invoke his Fifth 25 A I've already answered the question. 25 Amendment rights. This nonresponsive 5 (Pages 14 to 17) U.S. Legal Support EFTA01076255 18 20 1 verbiage regarding the RBA law firm is not 1 MR. PIKE Mr. Edwards, as you know 2 one of the options, it's inappropriate in 2 there are serious Fifth, Sixth and 3 the deposition and I would ask you to 3 Fourteenth Amendment constitutional rights 4 instruct your client not to obstruct this 4 at issue here, and the witness is attempting 5 process any further. I am not going to 5 to answer your questions to the best of his 6 terminate the deposition. I want it to 6 ability, despite how laced they are with 7 finish, but obviously this is going to be 7 adverse inference presumptions. 8 the subject matter of some motion in the 8 MR. EDWARDS: I don't want the adverse 9 °Duns and you know the judges will not 9 inferences. I want the answers, that's it. 10 appreciate this. I would like to just move 10 I don't want the adverse inferences. 11 this process along by eliminating that 11 MR. PIKE: Having said that, please 12 portion ofhis answer. I understand what he 12 allow the witness to answer to answer the 13 is saying. 'get it, but that's not 13 question. 14 something responsive to any of the questions 14 A Can you please repeat the question? 15 and I think you know it is inappropriate. 15 Q Isn't it true while working at Bear 16 MR. PIKE: I think the deponent is 16 Stearns you were already engaging in sex with 17 answering the questions. If you believe the 17 underage minor females? 18 responses are inappropriate and feel you can 18 A As your firm has been described by the 19 take it up with the Court with the motion 19 U.S. Attorney, as a criminal enterprise, using 20 you are speaking of, as you've done then you 20 some of the cases fabricated against me, 21 can, as you've done several times before. 21 personally, I would like to answer that question 22 Q After leaving the Dalton School. is it 22 today; however, upon advice of counsel I must 23 true that you began working as a money manager at 23 assert my Fifth, Sixth and Fourteenth Amendment 24 Bear Stearns? 24 rights under the U.S. Constitution or, in fact, 25 A I intend to respond to all your 25 risk losing their representation. 19 21 1 questions regarding this lawsuit at some relevant 1 Q At some point in time while at Bear 2 time, however, at the present time my attorneys 2 Stearns you met and managed the money for a 3 have counseled me that I cannot provide answers 3 fellow named Leslie Wexler, correct? 4 to any questions relevant to this lawsuit. Since 4 A Again, I would like to answer all 5 the U.S. Attorney has described your law firm as 5 questions relevant to this lawsuit, but today I 6 a criminal enterprise, Mr. Edward; and a pan of 6 must assert my Fifth Amendment, Sixth Amendment 7 the largest fraud in Florida's history, I am 7 and Fourteenth Amendment right to the U.S. 8 going to assert my Sixth Amendment, Fifth 8 Constitution. 9 Amendment and Fourteenth Amendment rights to the 9 Q In fact, I read in another deposition of 10 U.S. Constitution. 10 yours that you do not consider yourself to be 11 Q Isn't It true that while you were 11 homosexual, correct? 12 working at Bear Stearns you were already engaging 12 A (No response.) 13 in sex with underage minors? 13 Q You've answered that question before, 14 A Again, I believe you know the answers to 14 correct? 15 those questions, but -- 15 A Correct. 16 Q Yes. 16 Q Do you consider yourself to be 17 A May I finish? 17 bisexual? 18 Q I do. 18 A No. 19 MR. PIKE: Move to strike. Let the 19 Q In any event, you did develop a sexual 20 witness -- 20 relationship with Leslie Wexler at some point In 21 Q Sure - 21 time; Is that true? 22 MR. PIKE: Let the witness answer your 22 A No. 23 question. 23 Q Did you have a business relationship 24 MR. EDWARDS: I would love for him to 24 with Mr. Wexler? 25 finish the questions. 25 A I intend to respond to all relevant 6 (Pages 18 to 21) U.S. Legal Support EFTA01076256 22 24 1 questions. I would like to answer most of your 1 Therefore l'Ilassert my Constitutional 2 questions, Mr. Edwards, today, however, 2 rights under the Fifth, Sixth and Fourteenth 3 especially since your firm has been described by 3 Amendment. 4 the United States Attorney in South Florida as a 4 THE WITNESS: Excuse me, could we take a 5 criminal enterprise purported to -- purported to 5 break? 6 have put — pulled off the largest fraud in 6 MR. EDWARDS: Already? 7 Florida's history, I would like to answer it, 7 THE WITNESS: Restroom. 8 however, my attorneys here today counseled me 1 8 THE VIDEOGRAPHER: Going off the video 9 must assert my Fifth, Sixth and Fourteenth 9 record 11:38 a.m. 10 Amendment right under the U.S. Constitution, 10 THE WITNESS: Thank you. 11 therefore Pm going to do that. 11 (Pause in the proceedings.) 12 Q Are you saying because Rothstein, 12 THE VIDEOGRAPHER: We're back on the 13 Rosenfeld, Adler was determined to be a criminal 13 video record at 11:48 a.m. 14 enterprise or somebody was running a criminal 14 Q How did you meet Chislalne Maxwell? 15 enterprise out of that law firm, that is the 15 A I intend to respond to all relevant 16 reason why you are not going to answer these 16 questions to this lawsuit; however, at the 17 questions today? You linked that together in 17 present time my attorneys have counseled me that 18 that answer. I just want to make sure I'm 18 I cannot provide answers to any questions 19 understanding that right? 19 relevant to this lawsuit, and must accept this 20 A I'm going to take the Fifth I intend 20 advice or risk losing effective -- my right to 21 to respond to all relevant questions today. I 21 effective representation. Accordingly, 22 would like to respond; unfortunately my attorneys 22 therefore, I assert my Fifth, Sixth and 23 have counseled me I can't, l must assert my 23 Fourteenth Amendment rights to the U.S. 24 Fifth, Sixth and Fourteenth Amendment rights 24 Constitution. 25 under the U.S. Constitution. 25 Q You would agree, would you not, that 23 25 Q Because other law firms have asked very 1 Ghislaine Maxwell shares your sexual obsession 2 similar questions and you haven't responded to 2 for underage minor females? 3 any of theirs either. I just want to understand 3 MR. PIKE: Argumentative, speculation, 4 what the relationship between Rothstein, 4 harassing. 5 Rosenfeld, Adler is to you invoking your Fifth 5 A You know, Mr. Edwards, the current U.S. 6 Amendment rights today, if you can articulate 6 Attorney has described your law firm as a 7 that for me. 7 crininal enterprise, and as taking part in one of 8 MR. PIKE: Form, compound, 8 the largest frauds in Florida's history. It has 9 argumentative. 9 been widely reported that your firm fabricated 10 A ROCIISICill, Rosenfeld, Adler has been 10 multiple cases of a sexual nature against 11 described by the U.S. Attorney as a criminal 11 people — other people and me, in order to fleece 12 enterprise and as part of the largest fraud in 12 unsuspecting investors out of millions of 13 Florida's history. It has been reported that 13 dollars, so unfortunately at this time in 14 your faro fabricated multiple cases using me, and 14 response to your questions, my attorneys have 15 against me in order to fleece unsuspecting 15 advised mei must assert my Sixth Amendment, 16 investors out of millions of dollars. 16 Fifth Amendment and Fourteenth Amendment rights, 17 Q Another long time friend of yours is 17 though 1 believe, as you know, I would really 18 Gliblaine Maxwell, right? 18 like to answer these questions, but at this 19 A I intend to respond to all relevant 19 moment, although at this time I have to assert 20 questions. I would like to answer most of these 20 those rights or risk losing effective counsel. 21 questions today, but I can't because my attorneys 21 Q Do you know 22 have counseled me that I cannot provide answers 22 A I intend to respond to all relevant 23 to any questions relevant to this lawsuit. I 23 questions regarding this lawsuit; however, at the 24 must accept their advice or risk losing my Sixth 24 present time my counsel has advised me that I 25 Amendment right to effective representation. 25 cannot provide answers to any questions relevant 7 (Pages 22 to 25) U.S. Legal Support EFTA01076257 26 28 1 to this lawsuit. Your finn has been described as 1 present time my attorneys have counseled me that 2 a criminal enterprise, and is part of the largest 2 I cannot provide answers to any questions 3 fraud in Florida's history fabricating sexual 3 relevant to this lawsuit, no matter how much I 4 cases against me and others. Therefore, 4 would like to. 5 unfortunately, although I would like to answer 5 Therefore, I must accept their advice or 6 all of your questions today, I'm going to have to 6 risk losing my Sixth Amendment right to effective 7 assert my Fifth, Sixth and Fourteenth Amendment 7 representation; therefore, i have to assert my right. 8 Fifth, Sixth and Fourteenth Amendment right under 9 Q Did you and Ghis sexually 9 the U.S. Constitution. 10 assault at 'a house? 10 Q Do you own a home in New Mexico? 11 A i intend to respond to all relevant 11 A i intend to respond to all relevant 12 questions regarding this lawsuit; however, at the 12 questions regarding this lawsuit and as I've had 13 present time my attorneys have counseled me I 13 to do with most of your questions here today, I'm 14 cannot provide answers to any questions relevant 14 going to have to take my attorneys advice and 15 to this lawsuit and must accept this right or 15 assert my Fifth, Sixth and Fourteenth Amendment 16 risk losing my Sixth Amendment rights to 16 right under the U.S. Constitution or risk losing 17 effective presentation. Accordingly, I assert my 17 effective representation. 18 Constitutional rights as guaranteed by the Fifth, 18 Q Is it true that you have had underage 19 Sixth and Fourteenth amendments to the U.S. 19 females, at each of those homes, for orgies with 20 Constitution. 20 you and Ghislaine Maxwell? 21 Q Stating Ghlslalne Maxwell and you had 21 MR. PIKE: Form, argumentative, 22 devised several schemes to lure underage girls to 22 speculation and harassing. 23 you for sex; isn't that correct? 23 A I would like to answer that question. I 24 MR. PIKE: Form, argumentative, 24 really would. However, as your firm has been 25 harassing? 25 described by the U.S. Attorney as a criminal 27 29 1 A Mr. Edwards, your firm has fabricated 1 enterprise, which its principal purpose was 2 multiple cases of sexual harassment claims and 2 racketeering conspiracy to generate money for the 3 other types of sexual cases against me and others 3 firm and its co-ccnspiritors through the 4 in order to be pan of what the U.S. Attorney has 4 operation of enterprise and through various described as the largest fraud, the largest fraud 5 activities including mail fraud, wire fraud and 6 in Florida's history. I would like to answer all 6 money laundering, and fabricating multiple sex 7 your questions; however, my attorneys have 7 cases against me and others, though I would like 8 counseled me that at least today, I must assert 8 to answer your question today, Mr. Edwards, my 9 my Fifth, Sixth and Fourteenth Amendment rights 9 courisel has advised me I must take the Fifth, 10 under the U.S. Constitution. 10 Sixth and Fourteenth Amendment right provided by 11 Q Do you own a home in Manhattan? 11 the U.S. Constitution. 12 A i intend to respond to all relevant 12 Q Do you know somebody named 13 questions to this lawsuit; however, at the 13 (phonetic)? 14 present time my attorneys have counseled me that 14 MR. PIKE: Can you spell that, for the 15 I cannot provide answers to any questions 15 record? 16 relevant to this lawsuit, and I must accept their 16 MR. EDWARDS: No. 17 advice or risk losing my Sixth Amendment right to 17 MR. PIKE: Or for the court reporter? 18 effective representation. 18 A No. 19 Accordingly, therefore, I have to assert 19 Q You don't know the name? 20 my Fifth, Sixth and Fourteenth Amendment right 20 A No. Could you spell it? 21 under the U.S. Constitution. 21 Q (Witness shrugs.) 22 Q Do you own an island in the V.S. Virgin 22 A Okay. 23 Islands? 23 Q Did your sexual obsession with underage 24 A !intend to respond to all relevant 24 minor females grow at some point in time to allow 25 questions regarding this lawsuit; however, at the 25 you access to these underage minors every single 8 (Pages 26 to 29) U.S. Legal Support EFTA01076258 30 32 1 day for sex? 1 would like to answer those questions, though at 2 MR. PIKE: Overbroad. Speculation, 2 this moment I must assert those rights or risk 3 argumentative, compound, harassing and 3 losing my attorneys. 4 confusing as well; as worded. Do you want 4 Q Sure, let's test that answer. 5 to break it down, Mr. Edwards? 5 A Okay. 6 Q Isn't It true that for the past ten 6 Let's talk about Jane DoMJane Doe 7 years you have found a way to engage in sexual 7 who was represented bMI 8 conduct with underage minors on an every day a firm, had nothing to do with 9 bask? 9 Rothstein, Rosenfeld, Adler. Do you know to MR. PIKE: Speculation. Argumentative. 10 A Who? it A As your firm has been described as a 11 12 criminal enterprise by the United States Attorney 12 A Can you spelt it? 13 and is part of the scheme to defraud people in 13 Q Common spelling, 14 South Florida of millions of dollars, you have 10 15 fabricated sexual cases and sexual claims against 15 A Can you spell it forme, please? 16 people like me and others. Unfortunately at this 16 17 time although I would like to answer your 17 A What's the last name, how is it 18 questions, Mr. Edwards, my counsel has advised me 18 spelled? 19 I cannot They have advised me I must assert my 19 Q-Ibelieve. 20 Fifth, Sixth and Fourteenth Amendment rights 20 A I intend to respond to all relevant 21 under the U.S. Constitution. 21 questions regarding this lawsuit; however, at the 22 Q isn't it true that you ►ave promised 22 present time my attorneys have counseled me that 23 underage minors money or other benefits to engage 23 I cannot provide answers to any questions that 24 in sexual conduct with you over the past ten 24 may be relevant to this lawsuit and I must accept 25 years? 25 this advice or risk losing my Sixth Amendment 31 33 1 A Again, as I've answered many of your 1 right to effective representation. Accordingly, 2 questions today, and unfortunately will probably 2 I assert my Constitutional rights as guaranteed 3 end up not answering most of your questions 3 by the Fifth, Sixth and Fourteenth Amendment to 4 today, as your firm has been described, the firm 4 the Constitution. 5 bringing this lawsuit, I believe, if I'm wrong 5 Q Just for the record, I can only spell it 6 please, correct me -- 6 the way it was spelled in your flight logs from 7 Q You're wrong. 7 your airplane. I don't know exactly how she 8 A This is the firm that didn't notice this 8 spells her name, only how your pilot would spell 9 deposition? 9 her name. 10 Q Did not? 10 MR. PIKE: Form, speculating. 11 A Did not? 11 Q If I misspell it — 12 Q No. 12 MR. PIKE: Form, speculation, 13 A I apologize. Though your former firm 13 argumentative, harassing. 14 has been described, and the person you represent, 14 MR. EDWARDS: That's harassing? 15 L.M., in this case was represented by the firm 15 MR. PIKE: It assumes facts currently 16 that was described by the U.S. Attorney as 16 not in evidence in this particular 17 perpetrating one of the largest frauds in South 17 deposition; therefore, I move to strike. 18 Florida's history, fabricating multiple sexual 18 MR. EDWARDS: I was responding to his 19 cases against me and others in order to fleece 19 question asking me how to spell her name. I 20 unsuspecting investors out of millions and 20 don't know how other than his own pilot. 21. millions of dollars, so though unfortunately, I 21 MR. PIKE: Mr. Edwards, he asked you to 22 would like to answer each one of your questions 22 spell the name, you then spelled the name, 23 today, my counsel has advised me I must assert my 23 then went on with another narrative and 24 Sixth Amendment, Fourteenth Amendment and Fifth 24 there wasn't a question posed, on the floor. 25 Amendment right, though I believe you know, I 25 Q You would agree you Interacted with- 9 (Pages 30 to 33) U.S. Legal Support EFTA01076259 34 36 1 every day in a sexual way, when she was 15 years 1 for a second? 2 old, right? 2 May I ask you a question? 3 A Again, I'm softy? 3 MR. PIKE: Sure. Can we take a break 4 Q Sure. You would agree that you 4 fora second? 5 Interacted with. sexually on an every day 5 MR. EDWARDS: Again? 6 basis when she was 15 years old? 6 THE WITNESS: Just a question. 7 A You know, again, Mr. Edwards, I would 7 MR. PIKE: He wants to speak with me for 8 like to answer all your questions here today. My 8 a second. 9 attorneys have asked me — advised me that I must 9 THE VIDEOGRAPHER: Off the video record 10 assert my Sixth Amendment, Fourteenth Amendment 10 12:01 p.m. 11 and Fifth Amendment rights provided by the U.S. 11 (Pause in the proceedings.) 12 Constitution and the fact that the current U.S. 12 THE VIDEOGRAPHER: We are back on the 13 Attorney has described your law finn as a 13 video record at 12:02 p.m. 14 criminal enterprise, is one of the largest frauds 14 Q Is it true, Mr. Epstein, that you and 15 in Florida's history for fabricating sexual -- 15 Ghislaine Maxwell forced■ to have sex with 16 cases of a sexual nature against me and others. 16 you on a daily basis? 17 Unfortunately, although I would like to answer 17 MR. PIKE: Form, argumentative, 18 those questions, if I do I risk losing my 18 harassing. 19 attorneys' counsel. Therefore, I must assert my 19 A Unfortunately at this time, though I 20 right. 20 would really like to answer those questions, and 21 MR. EDWARDS: Madam court reporter, Ill 21 like I have dent for most of your questions here 22 as an exhibit, the Jane Doe number 22 today, Mr. Edwards, your firm was described as a 23 crsus Jeffrey Epstein complaint, at 23 criminal enterprise, a serious criminal 24 some point in time. It will be Exhibit 1, 24 enterprise by the current U.S. Attorney. Part of 25 as Pm going to go through some of the facts 25 that criminal enterprise was fabricating cases of 35 37 1 as alleged in the complaint and as will be 1 a sexual nature against me and others in order to 2 testified to by the plaja. 2 fleece unsuspecting investors out of millions of 3 (Jane Doe numberMversus Jeffrey 3 dollars. Though, unfortunately at this time no 4 Epstein complaint was deemed marked as 4 matter how I would like to respond to your 5 Exhibit number 1 for identification, as of 5 questions, I must assert my Sixth Amendment, 6 this date.) 6 Fifth Amendment and Fourteenth Amendment rights 7 MR. PIKE: Counsel, do you have an extra 7 under the U.S. Constitution or risk having my copy of that for me? 8 attorneys resign. 9 MR. EDWARDS: No. 9 Q Isn't it true thaMwas yours and 10 MR. PIKE: May I look at it real quick? 10 Ghlslaine Maxwell's sex slave front the time she 11 MR. EDWARDS: No. It has my notes on 11 was 15 through the time she escaped when she was 12 it. 12 19? 13 MR. PIKE: I understood, I saw the 13 MR. PIKE: Again objection, 14 highlights. 14 argumentative, harassing. 15 MR. EDWARDS: The notes are highlighted 15 A Mr. Edwards, your fimi has been 16 so when we copy it, it will not show up. 16 described as — excuse me, as a criminal 17 MR. PIKE: Just for the record, that's a 17 enterprise by the current U.S. Attorney and part 18 current, op
EFTA00724065.pdf
IN THE CIRCUIT COURT OF THE 15111 JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA BB, Case No: 502008 CA 373193OOOCMBAB Plaintiff, Florida Bar No: 089737 vs. JEFFREY EPSTEIN, Defendant. PLAINTIFF'S RE-NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: NAME: DATE AND TIME: LOCATION: Ghislane Noelle Maxwell May 13, 2010 Cohen & Gresser, LLP cio Brett Jaffe 9:30 AM 100 Park Avenue Cohen & Gresser, LLP 23"1 Floor 100 Park Avenue New York, NY 10017 23"I Floor New York, NY 10017 upon an oral examination before a Notary Public or officer authorized by law to take depositions in the State of New York. 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. WE HEREBY CERTIFY that a true and correct copy of this Notice was mailed this i day of April, 2010 to Jack A. Goldberger, Esq., 250 Australian Ave, Suite 1400, West Palm Beac FL 334101; Bruce E. Reinhart, Esq., 250 Australian Ave South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Esq., 515 North Flagler Drive, Suite 400, West Palm Beach, FL 33401: Brett Jaffe, Esq., Cohen & Gresser, 100 Park Avenue, 23"I F1, New York, NY 10017 LEOPOLD-KUVIN, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 By: Wither T.KUViii,Elq-. Fl. Bar No.: 089737 EFTA00724065
EFTA00750923.pdf
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-CIV -MARRA/JOHNSON JANE DOE, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. NOTICE OF TAKING VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE that the Plaintiff, JANE DOE, will take the deposition of on Thursday, September 3, 2009, at 10:00 a.m., at: Esquire Court Reporters One Penn Plaza Suite 4715 New York, NY 10119 The deposition shall be conducted pursuant to the Florida Rules of Civil Procedure and shall continue day to day, weekends and holidays excepted, until completed. I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by U.S. Mail and email transmission this jzgday of August, 2009 to all those on the attached Service List. 1 EFTA00750923 ROTHSTEIN ROSENFELDT ADLER Attorneys for Plaintiff 401 East Las Olas Blvd., Suite 1650 Florida 33301 By: BRAD EDWARD,..sS.ESQ. Florida Bar No.: cc: Esquire Court Reporters EFTA00750924
EFTA00793317.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 NOTICE OF TAKING VIDEOTAPED DEPOSITION OF 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: DATE AND TIME: August 22, 2018 at 10:00 a.m. LOCATION: Boies Schiller & Flexner, LLP 575 Lexington Avenue, Th 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. ' Plaintiff originally filed this action under the pseudonym "Jane Doe 43," but is now proceeding under her real name. I EFTA00793317 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. Dated: August 10, 2018. BOLES SCHILLER FLEXNER LLP By: /s/ Sigrid McCawley Sigrid McCawley (Pro Hac Vice) Meredith Schultz (Pro Hac Vice) Boies Schiller Flexner LLP 401 E. Las Olas Blvd., Suite 1200 Ft. Lauderdale, FL 33301 Bradley J. Edwards, Esq. (Pro Hac Vice) Stanley Pottinger, Esq. EDWARDS POTTINGER LLC 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Paul G. Cassell (Pro Hac Vice) S.J. Quinney College of Law University of Utah 383 University St. Salt Lake Cit , UT 84112 2 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 EFTA00793318 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 10th day of August, 2018, I served the attached PLAINTIFFS NOTICE OF TAKING VIDEOTAPED DEPOSITON OF WITNESS via Email to the following counsel of record. Michael Miller Justin Y.K Chu Michael A. Keough STEPTOE & JOHNSON LLP 1114 Avenue of the Americas SIM Laura A. Menninger, Esq. Jeffrey Pagliuca, Esq. HADDON, MORGAN & FOREMAN, P.C. 150 East 10th Avenue Denver, Colorado 80203 By: /s/ Sigrid McCawley Sigrid McCawley 3 EFTA00793319
EFTA00100571.pdf
From: "a To: ' Subject: Date: Sat, 13 Jul 2019 01:52:49 +0000 Importance: Normal Attachments: 2005-11-10 interview PBPD.pdf; GJ_SUBPOENA_RESPONSE_000357.pdf Attached are both the report of his PBPD interview and the transcript of his civil deposition. EFTA00100571
EFTA00285617.pdf
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Plaintiff, v. No. 17 Civ. 00616 (JGK) JEFFREY EPSTEIN GHISLAINE MAXWELL, and Defendants. PLAINTIFF'S NOTICE OF TAKING VIDEOTAPED DEPOSITION OF GHISLAINE MAXWELL 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: Ghislaine Maxwell DATE AND TIME: August 28, 2018 at 10:00 a.m. LOCATION: Boies Schiller Flexner LLP The videotaped deposition will be taken upon oral examination before Magna Legal Service, or any other notary public authorized by law to take depositions. The oral examination will continue from day to day until completed. Plaintiff originally filed this action under the pseudonym but is now proceeding under her real name. I EFTA00285617 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. Dated: August 10, 2018. BOLES SCHILLER FLEXNER LLP By: /s/ Sigrid McCawley Sigrid McCawley (Pro Hac Vice) Meredith Schultz (Pro Hac Vice) Boies Schiller Flexner LLP Bradley J. Edwards, Esq. (Admitted Pro Hac Vice) Stanley Pottinger, Esq. EDWARDS POTTINGER LLC Paul G. Cassell (Admitted Pro Hac Vice) S.J. Quinney College of Law INS 2 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 EFTA00285618 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 10th day of August, 2018, I served the attached PLAINTIFFS NOTICE OF TAKING VIDEOTAPED DEPOSITON OF GHISLAINE MAXWELL via Email to the following counsel of record. Laura A. Menninger, Esq. Jeffrey Pagliuca, Esq. HADDON MORGAN & FOREMAN, P.C. Counselfor Ghislaine Maxwell Michael Miller Justin Y.K Chu Michael A. Keough Counselfor Jeffrey Epstein, 2a By: /s/ Sigrid McCawley Sigrid McCawley 3 EFTA00285619
EFTA02726849.pdf
782 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 15-000072 BRADLEY J. EDWARDS and PAUL G. CASSELL, Plaintiffs, vs. ALAN M. DERSHOWITZ, Defendant. VIDEOTAPE CONTINUED DEPOSITION OF ALAN M. DERSHOWITZ VOLUME 6 Pages 782 through 909 Wednesday, January 13, 2016 1:05 p.m. - 3:06 p.m. Tripp Scott 110 Southeast 6th Street Fort Lauderdale, Florida Stenographically Reported By: Kimberly Fontalvo, RPR, CLR Realtime Systems Administrator www.phippsreporting.com (888)811-3408 EFTA02726849 783 1 APPEARANCES: 2 On behalf of Plaintiffs: 3 SEARCY, DENNEY, SCAROLA 4 BARNHART & SHIPLEY, P.A. 2139 Palm Beach Lakes Boulevard 5 West Palm Beach, Florida 33402-3626 BY: JACK SCAROLA, ESQ. 6 [email protected] 7 8 On behalf of Defendant: 9 COLE, SCOTT & KISSANE, P.A. Dadeland Centre II - Suite 1400 10 9150 South Dadeland Boulevard Miami, Florida 33156 11 BY: THOMAS EMERSON SCOTT, JR., ESQ. [email protected] 12 BY: STEVEN SAFRA, ESQ. (Via phone) [email protected] 13 --and-- 14 WILEY, REIN 17769 K Street NW 15 Washington, DC 20006 BY: RICHARD A. SIMPSON, ESQ. 16 [email protected] 17 18 19 20 21 22 23 24 25 www.phippsreporting.com (888)811-3408 EFTA02726850 784 1 APPEARANCES (Continued): 2 3 On behalf of Jeffrey Epstein: 4 DARREN K. INDYKE, PLLC 575 Lexington Ave., 4th Fl. 5 New York, New York BY: DARREN K. INDYKE, ESQ. (Via phone) 6 7 On behalf of 8 BOIES, SCHILLER & FLEXNER, LLP 401 E. Las Olas Blvd., Ste. 1200 9 Fort Lauderdale, Florida 33301 BY: SIGRID STONE MCCAWLEY, ESQ. 10 [email protected] 11 12 ALSO PRESENT: 13 Edward J. Pozzuoli, Special Master 14 Sean D. Reyes, Utah Attorney General Office 15 Marcy Martinez, Videographer 16 17 18 19 20 21 22 23 24 25 www.phippsreporting.com (888)811-3408 EFTA02726851 785 1 INDEX 2 Examination Page 3 4 VOLUME 6 (Pages 782 - 909) 5 6 Certificate of Oath 906 Certificate of Reporter 907 7 Read and Sign Letter to Witness 908 Errata Sheet (forwarded upon execution) 909 8 9 PLAINTIFF EXHIBITS 10 11 No. Page 12 26 Business card of Jeffrey B. Levy, 792 Esquire 13 27 2002 Article on Child Pornography 810 14 28 Miami Beach Police Case Report Detail 822 15 29 Document reflecting entry for 877 16 Dershowitz, Alan 17 30 Santa Monica Police Report 885 18 19 20 21 22 23 24 25 www.phippsreporting.com (888)811-3408 EFTA02726852 786 1 Thereupon, the proceedings continued at 1:04 p.m. 2 VIDEOGRAPHER: Going back on the record. 3 The time is 1:04 p.m. 4 BY MR. EDWARDS: 5 Q. Sir, before we move on to the next topic, 6 I want to make sure that we have finished the 7 previous topic. 8 Is there anyone else who gave you 9 information about Paul Cassell who you can identify 10 at this time and did not otherwise this morning 11 identify? 12 A. Yes. So, immediately upon hearing of the 13 false accusation against me, I recall now that I 14 Googled Paul Cassell and discovered that he was 15 called a zealot at least three times on easily 16 accessible published materials. 17 So, the term "zealot" in addition to 18 coming from individuals -- and you can get them on 19 Google as easily as I can -- 20 MR. SCAROLA: The question was, was there 21 anyone else. 22 BY MR. EDWARDS: 23 Q. I'm asking is there a person's name? 24 A. These people wrote articles. They have 25 names. www.phippsreporting.com (888)811-3408 EFTA02726853 787 1 Q. What are their names? 2 A. I don't recall them. You can get them. 3 You can just Google "Paul Cassell" and you will find 4 names of people who call him a zealot. 5 Q. I think maybe my question wasn't clear, so 6 I'm going to make it crystal clear. 7 A. Yes. 8 Q. Have you remembered the name of any 9 individual who you did not identify by name or 10 description this morning that provided you 11 personally with information about Paul Cassell? 12 A. A man named Hobbs, H-O-B-B-S. 13 Q. Is that a first or last name? 14 A. That's a last name. And he -- my 15 recollection is -- I don't know if he testified 16 against Paul Cassell or he just wrote an article, 17 but he wrote an article calling him a dangerous 18 zealot. 19 Q. Did you speak with Hobbs? 20 A. I don't recall if I spoke to him, but I do 21 recall reading his article or reading excerpts at 22 least from the article. 23 And then I remember reading another 24 article, may have been on Slate or -- there are a 25 number of articles calling Paul Cassell a zealot. www.phippsreporting.com (888)811-34O8 EFTA02726854 788 1 So the name just didn't pop into my head. It was 2 something, as I said earlier, that was part of his 3 reputation. 4 Q. Okay. I will break this into two 5 questions. One, what information did you have other 6 than human interaction that may have included 7 articles or other things that you read? 8 But before I get to that question, my 9 question is, have you recalled the identity of any 10 person that you did not tell us about or describe 11 earlier this morning that provided you information 12 about Paul Cassell? 13 A. I want to wait for the 14 MR. INDYKE: Outside the privilege. 15 SPECIAL MASTER POZZUOLI: Excuse me? 16 A. Not that I can recall at this time. 17 BY MR. EDWARDS: 18 Q. Okay. Are there other materials that you 19 have not yet disclosed during this deposition that 20 you read, that provided you additional bases for 21 your opinions about Mr. Cassell? 22 A. Yes. 23 MR. INDYKE: Objection. 24 BY MR. EDWARDS: 25 Q. And are these materials that -- www.phippsreporting.com (888)811-3408 EFTA02726855 789 1 SPECIAL MASTER POZZUOLI: Hang on one 2 second. 3 MR. EDWARDS: Outside of the privilege. 4 MR. INDYKE: Okay. Sorry. 5 BY MR. EDWARDS: 6 Q. Are these materials that have been 7 provided already in discovery in this case? 8 A. I don't know the answer to that. I don't 9 know what has been provided and what hasn't. I can 10 just tell you that in the course of my career, I had 11 read -- I had never met Mr. Cassell, but I had read 12 his articles, and they are aptly described as 13 zealous. He once -- he was once described as 14 somebody who misused -- I think misused or uses 15 family values to hide his zealotry. But I was 16 familiar with his what are regarded as very extreme 17 writings. And that formed part of my opinion about 18 his zealotry, yes. 19 Q. What was the timing of your reading these 20 articles that helped to form a part of your opinion 21 about Mr. Cassell? 22 A. Very soon after the allegation was made. 23 Not only did I independently read, but people called 24 me and alerted me to read this, read that. People 25 sent me briefs and asked me to read them. www.phippsreporting.com (888)811-3408 EFTA02726856 790 1 Q. So one of the things that you took into 2 consideration in assessing the reputation or 3 credibility of Paul Cassell were various things that 4 he had written or that had been written about him? 5 A. Yes, and what people had said about him. 6 Q. Okay. 7 A. I mean, just to give you an example, if 8 you don't mind me just elaborating one second, as I 9 was getting lunch today downstairs, three people 10 came over to me. One of them said, I can't believe 11 those, and then he used the F word, scrupulous -- 12 unscrupulous, unethical lawyers who have done this 13 to you, this is horrible, get them, they have to pay 14 a price, they ought to be disciplined. 15 And I said, do you know me? 16 No, but I've been following this story. 17 This is just unbelievable. 18 And then two other people, one of whom 19 overheard it, said, I just want to join in on that. 20 I don't know you, but I just want you to know that 21 the lawyers who did this are beyond -- they're just 22 horrible. No decent lawyer would ever do this. 23 This happens to me all the time. People 24 come over to me all the time and tell me what they 25 think of you and Paul Cassell. www.phippsreporting.com (888)811-3408 EFTA02726857 791 1 Q. Okay. Where were you eating lunch today? 2 A. In a Wrap [sic] around restaurant. 3 Q. Where is it located geographically? 4 A. Right in the building. In the building. 5 Q. And are these individuals that spoke to 6 you individuals who told you that they know either 7 myself or Paul Cassell? 8 A. I didn't ask that question. It was just 9 -- it was quick conversation and one of them said, 10 I'll do anything to help. 11 Q. Okay. What is the identity of the person 12 who will do anything to help you? 13 A. His name is Jeffrey Levy. He is an 14 attorney here. 15 SPECIAL MASTER POZZUOLI: "Here" meaning 16 where? 17 A. In Fort Lauderdale. He's a family lawyer. 18 Just out of the blue, I don't know him from Adam. 19 But this happens to me all the time. When I go to 20 Miami tomorrow, I'll be walking down Lincoln Road, 21 people will come over to me and tell me about you. 22 BY MR. EDWARDS: 23 Q. Okay. Can you give me the cards of the 24 other people that have given you these cards all the 25 time so that we can -- www.phippsreporting.com (888)811-3408 EFTA02726858 792 1 A. No. The only reason I asked for this card 2 today, I asked him for the card because I said, I 3 want to be able to mention this if I'm asked about 4 it in the deposition. Would you mind giving me the 5 card? 6 He said, "I'm thrilled." He went to his 7 car, he got the card, and he said -- 8 MR. EDWARDS: I would like to attach the 9 card of Jeffrey Levy to the deposition as the 10 next consecutive exhibit, which I believe is 11 26. 12 (Thereupon, marked as Plaintiff 13 Exhibit 26.) 14 MR. EDWARDS: Can I see the exhibit? 15 SPECIAL MASTER POZZUOLI: Sure. 16 MR. SCOTT: Can I see the exhibit, too, 17 when you're done? 18 MR. EDWARDS: Yes. 19 BY MR. EDWARDS: 20 Q. On the back of this card, there is some 21 writing. Whose writing is that? 22 A. Mine. 23 Q. The writing, I think, says "Scarola 24 unethical e-mail"? 25 A. That's right. www.phippsreporting.com (888)811-3408 EFTA02726859 793 1 Q. And does that scribbling of "Scarola 2 unethical e-mail" relate at all to this card? 3 A. Not directly, no. Not directly. 4 Q. Did this lawyer, Jeffrey Levy, discuss 5 with you Jack Scarola at all? 6 A. No. He just discussed just the lawyers 7 generically and their unethical conduct. 8 Q. And the lawyers generically, he's talking 9 about the lawyers who believe 10 A. No. The lawyers who pretend to believe 11 None of us think you believe her. 12 Nobody I know thinks you believe her. 13 Q. Nobody you know thinks 14 A. That's right. 15 Q. Any of the people you described yesterday, 16 which is now inclusive of Brad Edwards, Paul 17 Cassell, Jack Scarola, Sigrid McCawley and David 18 Boise, believe ; that's your 19 testimony? 20 A. That's right, and Sigrid McCawley told me 21 that. 22 MS. McCAWLEY: I'm sorry, I'm going to 23 object. This again -- so I have no idea what 24 context, or if you're referring to a context 25 where we were having settlement discussions, www.phippsreporting.com (888)811-3408 EFTA02726860 794 1 that violates the seal order that's already in 2 place. There's a motion for sanctions pending. 3 We will be supplementing with this. 4 You know, how many times do we have to go 5 over this, Alan? It's not appropriate. First 6 of all, you're misrepresenting things. And 7 I'll state for the record, I did not say that. 8 But secondly -- 9 THE WITNESS: She's waiving privilege. 10 MS. McCAWLEY: No, I'm not waiving the 11 privilege. 12 THE WITNESS: Yes, you are. 13 MS. McCAWLEY: I'm denying the allegation 14 that you just made on the record. I'm making 15 my record that you are not entitled to discuss 16 anything that deals with confidential 17 settlement discussions. Misrepresenting those 18 is a violation of that, and I'll go back to the 19 judge and get another order if I need to. 20 THE WITNESS: I was asked a question -- 21 MR. SIMPSON: Don't 22 SPECIAL MASTER POZZUOLI: Hang on. 23 MR. SCAROLA: Could we have 24 SPECIAL MASTER POZZUOLI: Is there 25 anything else, Ms. McCawley? www.phippsreporting.com (888)811-3408 EFTA02726861 795 1 MS. McCAWLEY: No, not right now. 2 MR. SCAROLA: Could we have the question 3 and the answer read back, please. 4 SPECIAL MASTER POZZUOLI: Let's go ahead 5 and do that, just for purposes of 6 COURT REPORTER: "Any of the people you 7 described yesterday, which is now inclusive of 8 Brad Edwards, Paul Cassell, Jack Scarola, 9 Sigrid McCawley and David Boise, believe 10 ; that's your testimony? 11 "That's right, and Sigrid McCawley told me 12 that." 13 A. That's absolutely responsive. 14 MR. SCAROLA: We move to strike the "and 15 Sigrid McCawley told me that" comment as 16 unresponsive to the question that was asked. 17 And we agree that it is clearly violative of 18 the Court order that has been entered with 19 respect to this matter. 20 MR. SIMPSON: The question on its face 21 asked about Ms. McCawley. It was Mr. Edwards 22 that injected her views into the question. It 23 was not the witness. 24 SPECIAL MASTERPOZZUOLI: Go back up to the 25 question. www.phippsreporting.com (888)811-3408 EFTA02726862 796 1 THE WITNESS: I'm happy to have it sealed 2 if you want. 3 SPECIAL MASTER POZZUOLI: Hold on a 4 second. Go back up to the question. 5 COURT REPORTER: "QUESTION: Any of the 6 people you described yesterday, which is now 7 inclusive of Brad Edwards, Paul Cassell, Jack 8 Scarola, Sigrid McCawley and David Boise, 9 believe ; that's your 10 testimony? 11 "ANSWER: That's right, and Sigrid 12 McCawley told me that." 13 MR. SCAROLA: The responsive answer ends 14 with "and that's right." Excuse me. "That's 15 right," period. 16 SPECIAL MASTER POZZUOLI: Give me a 17 second. I'll grant the Motion to Strike from 18 "and" all the way to the end. 19 A. I'm also happy to have it sealed, if they 20 choose to. 21 SPECIAL MASTER POZZUOLI: Well, I don't 22 know what is going to come up, but it will be 23 dealt with one way or another. 24 MR. SIMPSON: The witness said we would be 25 happy to have it sealed, given that ruling. www.phippsreporting.com (888)811-3408 EFTA02726863 797 1 BY MR. EDWARDS: 2 Q. This attorney, Jeffrey Levy, did he 3 elaborate upon the basis for his offer to help you 4 against the generically described unscrupulous 5 lawyers, question mark? 6 A. Yes, he basically said these are lawyers 7 who are willing to make these outrageous charges, 8 and lawyers shouldn't be making these kinds of 9 outrageous charges against other lawyers, especially 10 when they're irrelevant. And basically he seemed to 11 know a little bit about -- not much, but a little 12 bit about the case. 13 But I use it as an illustration of people 14 coming to me all the time making these statements to 15 help amplify my answer. It's why I can't remember 16 names. Normally I wouldn't have asked him his name. 17 I only asked him his name because of your questions 18 of me today. But every -- virtually every week -- 19 in the beginning, it was every day, people would 20 come over to me with these kinds of statements. 21 SPECIAL MASTER POZZUOLI: Okay. 22 BY MR. EDWARDS: 23 Q. But is this lawyer's opinion, am I 24 understanding that that -- that's something you 25 weigh in to support your public statements that you www.phippsreporting.com (888)811-3408 EFTA02726864 798 1 have made? 2 A. I look at the totality of circumstances. 3 I look at my professional opinion, I look at what 4 I've read, I look at what I've told, I try to 5 calibrate, weigh everything for what it's worth and 6 then I come to an opinion. 7 And my opinion that I arrived at was based 8 at the totality of the circumstances that I was 9 aware of at the time I made this statement. And the 10 statement turns out to be true. 11 Q. And Jeffrey Levy, whatever his opinion is, 12 is one of the things that you're factoring in at 13 this point? 14 A. No, of course not. Of course not. 15 Q. Okay. 16 A. Not now, I don't have to factor anything 17 in. I now know the truth. I now know from other 18 people that this was all part of an extortion plot 19 and that the object of the extortion was Leslie 20 Wexner. But I'm aware of that now, so I don't have 21 to base the opinion on anything else. 22 MR. EDWARDS: Objection. Move to strike. 23 SPECIAL MASTER POZZUOLI: I'm going to go 24 ahead and move -- grant the Motion to Strike. 25 Go back up. Let me just see where -- because I www.phippsreporting.com (888)811-3408 EFTA02726865 799 1 wanted to find -- so from "I now know from 2 other people this is all part of an extortion 3 plot," from there down, we'll strike. 4 So what will remain is "not now, I don't 5 have to factor anything in. I now know the 6 truth." That will remain. 7 BY MR. EDWARDS: 8 Q. Okay. What are the identities of the 9 other two individuals that you encountered during 10 your lunch break? 11 A. One of them is a woman, a lawyer and -- 12 MR. SCAROLA: He asked for a name. 13 A. I don't know the names. I didn't ask the 14 names from anybody. 15 BY MR. EDWARDS: 16 Q. Is there a description that would help me 17 learn the identity of this person? 18 A. She was in her 40s, probably. She had 19 short, cropped hair. 20 Q. Is this somebody who knew the lawyers who 21 had accused you by reputation? 22 A. I don't know. I don't know. I'm just 23 giving you an illustration of what people tell me 24 all the time. 25 Q. Okay. During the lunch break, did you www.phippsreporting.com (888)811-3408 EFTA02726866 800 1 have a chance to consider whether you were willing 2 to waive the attorney-client privilege with respect 3 to the identities of the individuals with whom you 4 share a privilege in the circumstance where you are 5 the client, that provided you information that 6 helped form the basis of your opinions about Paul 7 Cassell and Brad Edwards? 8 MR. SCOTT: We've instructed my client not 9 to waive the privilege. 10 MR. SCAROLA: Both privileges? 11 MR. SCOTT: Yes. 12 MR. SCAROLA: And by "both," I mean both 13 attorney-client and work product. 14 MR. SCOTT: Yes, sir. 15 MR. SCAROLA: Thank you. 16 BY MR. EDWARDS: 17 Q. Isn't another reason that you have given 18 publicly that you could not have -- that anybody who 19 knows you would know that you could not have and 20 would not have committed such an offense, you're not 21 that kind of person? 22 A. That's right. 23 Q. And similar to what you did with respect 24 to Paul Cassell and reading about what is public out 25 there about him to form the basis of your belief in www.phippsreporting.com (888)811-3408 EFTA02726867 801 1 his credibility and reputation, you would agree that 2 it's also fair to have done the same thing with 3 respect to you, correct? 4 A. Yes. 5 Q. Okay. Is it -- do you or have you in the 6 past enjoyed getting naked at clothing-optional 7 beaches in Martha's Vineyard? 8 A. When I was -- 9 MR. SCOTT: Objection, relevancy to that. 10 Invasion of privacy. Has no relevancy 11 whatsoever. I would like a ruling. 12 MR. EDWARDS: It is reasonably calculated 13 to lead to the discovery of admissible 14 evidence. 15 SPECIAL MASTER POZZUOLI: I'm going to 16 deny the objection, but give you -- latitude is 17 not unlimited. 18 MR. EDWARDS: I understand. 19 A. Would you give me a time frame? 20 BY MR. EDWARDS: 21 Q. Sure. At around October 15, 2001, which 22 is a time period we have agreed falls within the 23 relevant time period of this case. 24 A. So I have to give a lengthy answer to 25 this. There is a beach on Martha's Vineyard which www.phippsreporting.com (888)811-3408 EFTA02726868 802 1 has traditionally been a clothing-optional beach. 2 Rumors are that Eleanor Roosevelt use to skinny dip 3 there. Many prominent people have skinny dipped on 4 that beach, and my wife and I have occasionally 5 skinny dipped on that beach. Yes. Not in recent 6 years. 7 Q. Were you asked at some point to represent 8 a woman by the name of Nikki Craft? 9 A. Yes. 10 Q. And with respect to that representation or 11 attempted representation, have you read the 12 statement that she has put out publicly regarding 13 you? 14 A. I don't recall, but I can tell you what 15 the facts of the case were and why I turned down 16 representation, if you would like to hear it. 17 SPECIAL MASTER POZZUOLI: Let him ask his 18 question. 19 MR. EDWARDS: Sure. 20 SPECIAL MASTER POZZUOLI: Sure? 21 MR. EDWARDS: No, no. 22 SPECIAL MASTER POZZUOLI: Oh, okay. Go 23 ahead. 24 BY MR. EDWARDS: 25 Q. Have you -- do you know that she has said www.phippsreporting.com (888)811-3408 EFTA02726869 803 1 that she has written "Does there exist for 2 Dershowitz an overpowering thrill of seeing the 3 female nude such as to prevent him from seeing the 4 issues from a woman's viewpoint?" 5 A. I think she also called me Mengele in the 6 article She compared me to Mengele, the nazi 7 killer. She was furious that I wouldn't take her 8 case because she wanted to walk topless down the 9 middle of the city in the middle of the street, and 10 I don't believe in that. 11 I had represented the nude beach in Truro, 12 Massachusetts, where people want to go skinny 13 dipping in private areas, but I do not believe that 14 anybody has the right to be nude or topless in 15 public. I turned down her case. I never met her. 16 She wrote to me, and I wrote back turning down her 17 case. 18 And she just went on a rampage against me. 19 As far as I know, she's never met me. She's never 20 seen me. And she has just written, I remember, and 21 attacked me. She went on the radio and attacked me 22 all because I refused to represent her walking 23 topless through the city. 24 Q. Okay. And part of that rampage was her 25 understanding of your "eager response to naked women www.phippsreporting.com (888)811-3408 EFTA02726870 804 1 could be compared with that of a little boy let 2 loose in a candy store"? 3 A. She doesn't know me. That was something 4 she just made up. 5 MR. SCOTT: I need a ruling on relevancy. 6 But, I mean, reading statements from people 7 from articles and asking him about them is 8 totally irrelevant. Goes to nothing in this 9 case. 10 SPECIAL MASTER POZZUOLI: Ask your I'm 11 hoping that you're going to tie this up to 12 something. 13 MR. EDWARDS: Sure. 14 BY MR. EDWARDS: 15 Q. Can you -- well, let's go back first. 16 Can you provide me the articles -- all of 17 the articles on Paul Cassell that you have testified 18 about today? 19 A. I'm sure I can. 20 Q. Can you provide them to me now? 21 A. No. I told you I looked at them a year 22 ago. 23 Q. But it's fair for you to review those 24 articles and tell me what is in them, correct? 25 A. At some point, but I'm not going to do it www.phippsreporting.com (888)811-3408 EFTA02726871 805 1 right -- I can't do it now. I don't have it in 2 front of me. 3 Q. On your Harvard website, is there a 4 compilation of articles which you've written in the 5 past? 6 A. I haven't looked at my website, but I've 7 written, I think, over a thousand articles. 8 Q. At some point in time, did you write for 9 Hustler magazine? 10 A. No. 11 Q. Did you publish in Hustler magazine? 12 A. No. 13 Q. None of your articles were published in 14 Hustler magazine? 15 A. No. I was once called the "asshole of the 16 month" by Hustler magazine because I refused to 17 represent Mr. Flint, and he had a picture of my face 18 coming out of the rectum of a donkey, calling me 19 "asshole of the month." But I didn't publish that, 20 I assure you. 21 SPECIAL MASTER POZZUOLI: Tell me that 22 we're going to get somewhere with this, because 23 this is -- you know, see if we can tie this up 24 in some form. 25 MR. EDWARDS: Okay. Let me just put on www.phippsreporting.com (888)811-3408 EFTA02726872 806 1 the record why this is reasonably calculated is 2 the statement was made by Mr. Dershowitz that 3 he's not the kind of person to have done this. 4 THE WITNESS: To have raped a 16-year-old. 5 MR. EDWARDS: Our client -- our client has 6 described certain things about Mr. Dershowitz, 7 and if those certain things that she has 8 described are consistent with things that he 9 does believe in or has done in the past, then 10 that would add credibility to our client. 11 THE WITNESS: Would you tell me what your 12 client -- 13 SPECIAL MASTER POZZUOLI: Hang on a 14 second. 15 MR. EDWARDS: I don't have to do that. I 16 can just discover on this subject matter. 17 SPECIAL MASTER POZZUOLI: I'm going to let 18 you. But the idea that he might have skinny 19 dipped with his wife is slightly different. So 20 I would -- I mean, I don't see that as 21 relevant, but I'm going to let you continue. I 22 mean, because it's not my role here to decide 23 that. 24 But I'm just saying to you that I get 25 where you're going. So, proceed through this, www.phippsreporting.com (888)811-3408 EFTA02726873 807 1 but let's get to -- this is going to be 2 forever. I mean, because he's got a thousand 3 articles published, you can go through each of 4 them and pick out whatever or whatever it is. 5 So let's 6 MR. EDWARDS: There are two other things 7 at issue here. One is at the time that these 8 pleadings were placed, what was our -- what was 9 Paul Cassell and Brad Edwards' mind state. The 10 other thing is Mr. Dershowitz has a claim for 11 damages to his sterling reputation. So to the 12 degree that there is some damage to reputation 13 caused by some other source, then that is 14 something else that should be -- we should have 15 discovery into. 16 SPECIAL MASTER POZZUOLI: That's why I'm 17 allowing the latitude. 18 MR. EDWARDS: Thank you. 19 MR. SCOTT: There is certain relevance to 20 some of that. I mean, going into a lot of 21 these different things is -- you know, it's 22 years ago into the past and things like that. 23 It's just ridiculous. It's irrelevant. 24 And I think you get -- we're going to ask 25 you to make a decision on these things as they www.phippsreporting.com (888)811-3408 EFTA02726874 808 1 come up if this is going on to go on for hour 2 after hour asking things over a man's life of 3 70-some years. 4 THE WITNESS: Seventy-seven. 5 SPECIAL MASTER POZZUOLI: Ask your next 6 question. 7 BY MR. EDWARDS: 8 Q. Sure. Did you write articles on behalf of 9 Penthouse magazine? 10 A. I was Robert Guccione's lawyer on First 11 Amendment issues, and he asked me to do a column 12 every month on First Amendment and justice issues, 13 and I did that for 25 years, virtually every month 14 writing an article on justice and the First 15 Amendment. 16 Q. Have you ever written an article about the 17 idea that viewing child pornography should not be a 18 crime? 19 A. I can tell you my position. My position 20 is that creating child pornography should be a 21 crime, but that viewing -- I think I wrote about 22 viewing virtual child pornography; that is, 23 contrived images that are not real. And the Supreme 24 Court supported me on that position. 25 Supreme Court has ruled consistent with my www.phippsreporting.com (888)811-3408 EFTA02726875 809 1 position that when you have computer-generated 2 pictures of children that the focus should be on 3 making of the pornography, which is a crime, but not 4 on the viewing of the pornography. 5 And I have a view, a scientific view that 6 I've published about, written many articles about, 7 that there is no relationship between the viewing of 8 pornography and commission of violent crimes. And I 9 have the data to support that. And I think I'm one 10 of the leading authorities on that issue. It's an 11 academic issue of some considerable interest me. 12 Q. You're one of the leading authorities on 13 the issue that -- 14 A. Of the causation -- the relationship 15 between viewing pornography and crimes of violence. 16 Q. Viewing child pornography? 17 A. I would say in general. I don't know that 18 I distinguish between that in the scientific 19 research that I've done. 20 Q. I'm going to go ahead and show you what's 21 been marked as Exhibit 27. I'll show it to your 22 lawyer first. Ask if you recognize it. 23 MR. SIMPSON: Do you have a copy for us? 24 MR. EDWARDS: That's my only copy. We'll 25 use it -- www.phippsreporting.com (888)811-3408 EFTA02726876 810 1 MR. SCOTT: You know, I asked I'm going 2 to put this on. I asked yesterday to have 3 copies of exhibits. 4 MR. SCAROLA: I think we do have a copy, 5 before you get all exorcized over this. 6 MR. SCOTT: By the way -- 7 MR. SCAROLA: I think we do have a copy. 8 MR. SCOTT: Okay. And by the way, the 9 thing you published from the Bench & Bar, 10 it's -- you said it was in the exhibits. It's 11 not. 12 MR. SCAROLA: I told you if it's not 13 there, we'll get it for you. 14 MR. SCOTT: Yeah. I'd like it today, if 15 you could get it, because that's what you said 16 yesterday. 17 (Thereupon, marked as Plaintiff 18 Exhibit 27.) 19 MR. SCAROLA: I said tell us what else you 20 need, and we'll get it for you. 21 THE WITNESS: So not only is my -- 22 MR. SIMPSON: Wait a minute. Hang on. 23 That's the witness's. 24 MR. SCOTT: Is this the witness's copy? 25 MR. SIMPSON: You can have this one, Tom. www.phippsreporting.com (888)811-3408 EFTA02726877 811 1 MR. SCOTT: There's some notes on there. 2 I don't know if you want them, but -- 3 MR. EDWARDS: I'll take it. 4 MR. SCOTT: I think they're your 5 questions. I could be wrong. I could have 6 handed it to him, it would have probably 7 expedited it. 8 MR. EDWARDS: I doubt it. 9 A. Okay. I remember writing this article. 10 It grew out of a pro bono case that I did 11 representing a student. 12 BY MR. EDWARDS: 13 Q. Does that article limit the opinion of 14 that viewing child pornography or children 15 fornicating should not be criminal to virtual child 16 pornography? 17 A. I think I say in the article -- I asked 18 the question: But should it be a crime for someone 19 who has never and would never molest a child to view 20 child pornography? 21 I think I raised that question. And I 22 talk about the dangers to the values of the 23 democracy. I say there is a potential here for a 24 real witch hunt. Child molestation is a serious 25 problem. The creation of child pornography is also www.phippsreporting.com (888)811-3408 EFTA02726878 812 1 a serious problem. We don't know whether the 2 viewing of child pornography is or is not a serious 3 problem, but many people think it is. 4 So, I don't think I take a definitive 5 view. I am an academic. You're trying not only to 6 put my ideas on trial here today, what I've written 7 about on trial; you're trying to put my advocacy on 8 behalf of defendants on trial, you're putting the 9 Sixth Amendment on trial, you're putting the First 10 Amendment on trial. You're inviting the American 11 Civil Liberties Union, the National Association of 12 Criminal Defense Lawyers to intervene in this case, 13 because they will not stand by and tolerate an 14 academic having his ideas put on trial or an 15 advocate -- I was going to say a zealous advocate, 16 and I claim that, I am a zealous advocate, putting 17 his representation on trial. That is unAmerican. 18 That is McCarthyite and is beneath contempt. 19 MR. EDWARDS: Object and move to strike. 20 SPECIAL MASTER POZZUOLI: Denied. Denied. 21 Move forward. 22 BY MR. EDWARDS: 23 Q. Is Paul Cassell also an academic? 24 A. Paul Cassell teaches and uses the 25 stationery of law school as part of his -- www.phippsreporting.com (888)811-3408 EFTA02726879 813 1 SPECIAL MASTER POZZUOLI: Answer the 2 question. 3 A. He is an academic. 4 BY MR. EDWARDS: 5 Q. When was that article that has now been 6 marked as 27 written? 7 A. Copyrighted 2002. 8 Q. Is 2002 within the relevant time period 9 that we've defined in this case? 10 A. Yes, but I've written articles like this 11 as far back as probably as 1967, and I've written 12 them probably as recently as the last couple of 13 years. I have a book which deals with the subject. 14 I have a long Law Review article called "Why 15 Pornography?" 16 So to focus on that year seems to me as to 17 wrench out of context the fact that this has been my 18 view. I had a debate with William Buckley about it 19 at Harvard University. I had a debate with -- 20 interestingly enough, I had a debate with Ginsberg, 21 the poet, in which I took the opposite view in which 22 I was very, very tough on child pornography, talking 23 about how much I despise it and hate it and think 24 it's immoral and improper. 25 But just because I think something is www.phippsreporting.com (888)811-3408 EFTA02726880 814 1 immoral and horrible doesn't mean I necessarily 2 think it should be criminal. Unlike some people, I 3 don't necessarily associate my personal views of 4 conduct with what I think should be illegal or who I 5 would represent. 6 Q. Have you ever had any of your articles 7 that you have written removed from your Harvard 8 website? 9 A. Not that I know of. That would be a 10 violation of academic freedom. 11 Q. Is there any reason why the article that 12 is now number 27 is, as of February of 2015, no 13 longer on your website? 14 A. I doubt that that's true. I doubt that it 15 was removed. I don't think every article let me 16 tell you, unequivocally, I did not remove it, order 17 it to be removed or know it was removed. I doubt it 18 was removed. I can't imagine why anybody would ever 19 remove any article. I'm very proud of this article. 20 Q. Is there any explanation for that 21 particular article being within the articles on your 22 website at some point and later no longer appearing 23 on your website? 24 A. I don't think that's true. And if it is, 25 I have no idea how it happened or why it happened. www.phippsreporting.com (888)811-3408 EFTA02726881 815 1 It's not something I would ever tolerate being done. 2 There isn't a single article I would remove from my 3 website. I'm proud of every article I've written. 4 And I'm sure you will find many other articles. 5 I don't know what my website includes. 6 But there is a book that's been written that honors 7 me by University of Albany Law School and contains 8 in the back all of my articles. I don't know that 9 my website does more than have a selection of my 10 articles. So I would have to look. But I'm not 11 aware of it. I don't handle my website. 12 Q. Who decides which articles are placed on 13 the website and which are taken off of the website? 14 A. My assistant, Sarah Neely. 15 Q. Is Sarah Neely somebody who has been 16 involved in any aspect of the defense of this 17 particular case? 18 A. She's just my assistant, she's my 19 secretary. She does all of my typing and does 20 everything that I do. So she's been involved in 21 every aspect of my life since she worked for me 22 about eight years ago. 23 Q. Is there anyone other than Sarah Neely who 24 would put an article up on the website or remove the 25 article from the website? www.phippsreporting.com (888)811-3408 EFTA02726882 816 1 A. Not that I know of. 2 Q. And is she permitted to remove any 3 articles from the website without your permission? 4 A. I have no idea. I've never ever read my 5 website. I am not a web person. I don't know 6 what's on my website. And she also does tweeter or 7 Twitter. I have no idea. She circulates some 8 articles, she doesn't do anything, I have no control 9 over that. And I had nothing to do, nothing, zero, 10 with either placing the article or if it was 11 removed, removing the article. Zero percent. 12 Q. Okay. Have you ever called for a complete 13 overhaul of rape laws in Massachusetts? 14 A. One of my academic subjects that I've been 15 interested in for many, many years has been the 16 definition of rape and the idea of consent. 17 And I recently wrote an article calling 18 for affirmative consent to be required in all rape 19 cases, making the point that it's far better than 20 ten consented-to rapes don't -- that ten 21 consented-to acts of sexuality do not occur rather 22 than even one unconsented-to act of sexuality occur. 23 So in other words, I've flipped the 24 Blackstonian notion and say it's far, far better 25 that voluntary sex not occur in questionable www.phippsreporting.com (888)811-3408 EFTA02726883 817 1 situations than even one act of unconsented-to sex. 2 I'm very much a hawk on the issue of consent and 3 want to make sure that no sexual encounter ever 4 occurs. And I teach that to my students. And I 5 lecture my students about that. I think the laws of 6 Massachusetts and the laws of many, many other 7 states are in a complete state of messiness, and I 8 would be thrilled to have an -- overall rape laws 9 all over the county. 10 Q. Have you included within your request for 11 a complete overhaul lowering the age of consent 12 considerably? 13 A. I know I argued in Florida -- we produced 14 some data in Florida that the age of consent is 18. 15 And, by the way, this all happened way, way after 16 the events at issue. But that the average age of 17 commencing sex in the state of Florida is well below 18 that. And, therefore, there is a substantial 19 disparity in California, which has 18, and Florida, 20 which has 18, between the actual activities that 21 occur -- many, many acts of sexual conduct occur 22 between the ages of 17 and 18, but the acts are 23 illegal. 24 I have for years, basically since the 25 Vietnam War when I argued this, said that when you
EFTA00615804.pdf
334 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 15-000072 BRADLEY J. EDWARDS and PAUL G. CASSELL, Plaintiffs, vs. ALAN M. DERSHOWITZ, Defendant. VIDEOTAPE CONTINUED DEPOSITION OF ALAN M. DERSHOWITZ VOLUME 3 Pages 334 through 461 Tuesday, January 12, 2016 9:46 a.m. - 11:59 a.m. MOM Stenographically Reported By: Kimberly Fontalvo, RPR, CLR Realtime Systems Administrator www.phi sre orting.com EFTA00615804 335 337 1 APPEARANCES: 1 I N D EX 2 2 On behalf of Plaintiffs: 3 3 SEARCY. DENNEY. SCAROLA Examination Page 4 4 5 VOLUME 3 (Pages 334 - 461) 5 6 6 7 ALAN M. DERSHOWITZ 7 8 Direct (continued) By Mr. Edwards 341 a On behalf of Defendam: 9 Certificate of Oath 459 9 COLE. SCOTT & KISSANE. P.A. Certificate of Reporter 460 10 Read and Sign Letter to Witness 461 10 Errata Sheet (forwarded upon execution) 462 11 11 BY: THOMAS EMERSON SCOTT. JR.. kiSQ MIIIIIIIIIIIIIIIIIIMRIIIN= 12 PLAINTIFF EXHIBITS 12 BY: STEVEN SAFRA. FS 4. (Via phcot p • 13 14 No. Page 13 --and-- 15 13 Journal Entries of Alfredo Rodriguez 379 14 SIVEDER & ROSS. UR 16 14 Excerpt -April 1.2015 Transcript of 394 15 Alan Dershowitz at Chabad Coral liallaillit 17 Springs 16 18 15 Excerpt- Transcript dated January 4, 397 17 _an _ 18 2015 Interview of Alan Dershowitz by WILEY. REIN 19 BBC News Breakfast & BBC News 19 20 16 Composite documents 398 it F-SC). 21 17 Composite documents 401 20 22 18 Composite Palm Beach Police Department 438 21 Incident Reports 22 23 23 24 24 25 25 336 338 1 APPEARANCES (Continued): 1 SPECIAL MASTER POZZUOLI: Let's do some 2 2 preliminaries before we start. I'm Ed 3 4 On behalf of Jeffrey Epstein: 3 Pozzuoli. I'm the special master appointed by 4 Judge Lynch. I wanted to make sure that we put 5 5 this on the record. The order that I'm BY: DARREN K. INDYKE. ESQ. ( Via phone) 6 traveling under is Judge Lynch's order of 6 7 114/2016. And originally my partner. Ed 7 On behalf o 8 Curtis. was appointed special master. but 8 ' LP 9 because of health reasons. I've agreed to pitch 10 in and take his place with the consent of the 9 11 parties. If the parties could just affirm and ID STO. • . ESQ. 10 12 confirm that so that we can proceed. 11 13 MR. EDWARDS: We agree. 12 ALSO PRESENT: 14 MR. SCOTT: We agree. 13 Edward J. Pozzuoli. Special Master 15 MS. McCAWLEY: We agree. 14 Sean D. Reyes. Utah Attorney General Office 16 SPECIAL MASTER POZZUOLI: Okay. 15 Travis Gallagher. Videographer 16 17 VIDEOGRAPHER: This is the 12th day of 17 18 January. 2016. and the time is approximately 18 19 9:46 a.m. This is the videotaped deposition of 19 20 Alan Dershowitz in the matter of Bradley J. 20 21 Edwards and Paul G. Cassell versus Alan 21 22 Dershowitz. 22 23 23 This deposition is being held at= 24 24 25 25 My nano is 2 (Pages 335 to 338) www.phi sre orting.com EFTA00615805 EFTA00615806 EFTA00615807 EFTA00615808 EFTA00615809 EFTA00615810 EFTA00615811 EFTA00615812 EFTA00615813 EFTA00615814 EFTA00615815 EFTA00615816 EFTA00615817 EFTA00615818 EFTA00615819 EFTA00615820 EFTA00615821 EFTA00615822 EFTA00615823 41 3 1 BY MR. EDWARDS: 2 Q. And haven't you also said earlier in your 3 testimony today that "I believe nothing in the 4 affidavit lo be true"? 5 A. No. I believe her name is probably true. 6 But no substantive statement -- that there is 7 nothing that she says that should ever be believed. 8 She's one of these people who lies so consistently. 9 and so repeatedly. and so transparently. and so 10 obviously that any lawyer who claims to be believing 11 her statement is acting unprofessionally. 12 Q. Okay. 13 A. And I wish I had the ability to give you 14 some backup to that. but I've been precluded from 15 doing that. 16 Q. µTeen did your representation of Jeffrey 17 Epstein begin? 18 MR. SCOTT: Asked and answered in the last 19 depo. I believe. 20 MR_ EDWARDS: It was asked. not answered. 21 A. At the time when he was first alerted to 22 the fact that he is -- let me amend that. Let me 23 amend that. 24 Over the years since I first met Jeffrey 25 Epstein. he has sought advice front me. 414 1 MR. INDYKE: Objection. Alan. this is 2 Darren Indyke. If you're going to discuss 3 statements that Jeffrey's made to you in 4 connection with requesting legal advice, then I 5 would instruct you not to answer. 6 MR. EDWARDS: I'm asking for the timing. 7 SPECIAL MASTER POZZUOLI: The question is 8 the time. When did your representation of 9 Mr. Epstein start? 10 A. It's not an easy question. My 11 representation in regard to this case suited when 12 he was first accused of improper conduct with one or 13 two women in Palm Beach. But previously. he had 14 sought legal advice from me on a handful of other 15 matters. 16 BY MR. EDWARDS: 17 Q. Is your recollection of the time period 18 when your representation of Mr. Epstein began with 19 respect to the criminal allegations against him in 20 Palm Beach sometime during the year of 2005? 21 A. 2005 to 2006.1just don't have a current 22 recollection. I can check it out. It's easy to 23 find out. 24 Whenever the allegations first surfaced. 25 that's when he called me. 21 (Pages 411 to 414) www.phi sre orting.com EFTA00615824 EFTA00615825 EFTA00615826 EFTA00615827 EFTA00615828 EFTA00615829 2 3 4 S 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 S 6 7 B 9 10 11 Q, ‘VO.oltliyAllvflidcmc pcut 12 for itself. 13 A. This is not evidence — let me be very 14 clear. This is a police report. I've had 50 ran 15 of experience as a criminal lawyer. and I know what 16 credibility and what weight to give police reports. 17 They are often one-sided. and they are regarded as 18 very rough material. not corroborated. And so. I 19 mean, it's obvious that the State Attorney didn't 20 credit all these reports either. based on the — 21 SPECIAL MASTER POZZUOLI: Mr. Dershowitz. 22 at this point. rm going to ask you to stop. 23 Please ask a specific question about the 24 exhibit or move forward one way or another. 25 27 (Pages 435 to 438) www.phi sre orting.com EFTA00615830 1 2 3 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 4 1 recollection about when they were. Shc remained 2 with him apparently. according to her own account. 3 taking money for prostitution when she was over I8. when she wasMover IS. 5 MR. SCOTT: Do you want to take a break? 6 Are you okay? We've been going for an hour and 7 a half. 8 THE WITNESS: Whichever you think. 9 SPECIAL MASTER POZZUOLI: Another ten 10 minutes. I think we'll break for lunch. Are 11 you good with that? 12 MR. EDWARDS: Absolutely. Thank you. 13 BY MR. EDWARDS: 19 Q. In your statement that police reports are 15 often one-sided and you know what kind of weight to 16 give them are you saying that the other minor 17 victims who gave statements in the police report 18 were also lying? 19 MR. SCOTT: Objection. form. 20 argumentative. 21 MR. SIMPSON: Nonprivileged information. 22 BY MR. EDWARDS: 23 Q. Are you claiming privilege or are you 29 saying you really don't know? 25 MR. SIMPSON: Damn? 28 (Pages 439 to 442) www.phi sre orting.com EFTA00615831 443 445 1 SPECIAL MASTER POZZUOLI: To the extent — 1 communications. 2 MR. INDYKE: Can you hear me? 2 A. That would be privileged. 3 SPECIAL MASTER POZZUOLI: Go ahead. make 3 BY MR. EDWARDS: 4 your objection. 4 Q. Your conversation with Ghislaine Maxwell. 5 MR. INDYKE: To the extent that that 5 somebody who you have just told me you did not 6 question requires Alan to disclose privileged 6 represent, would be a privileged communication? 7 information. attorney-client or common 7 A. It would be. 8 interest. Alan. I would instruct you not to 8 Q. In what ■? 9 answer. 9 A. It would be privileged through -- 10 SPECIAL MASTER POZZUOLI: So qualify that. 10 SPECIAL MASTER POZZUOLI: Counsel, how 11 BY MR. EDWARDS: 11 would that be privileged? 12 Q. Okay. Haven't you in the past said that 12 THE WITNESS: That would be privileged 13 the girls that accused Jeffrey Epstein of engaging 13 because — 14 in sexual massages with them while they n ere minors 14 MR. SIMPSON: Darren. 15 were also lying? 15 SPECIAL MASTER POZZUOLI: Darren. 16 A. I don't believe I said that. What I did 16 Darren, are you there? 17 was -- in at least one instance I remember. I was 17 MR. INDYKE: Can you hear me? You guys 18 provided information about one woman. this is early 18 are cutting out. So I'm sorry. I'm trying to 19 on. who had on her web page or whatever it was at 19 listen, but it's cutting in and out. Can you 20 the time. I don't remember what the web situation 20 hear me? 21 was then. she called herself "pimp juice and she 21 SPECIAL MASTER POZZUOLI: Yes. So the 22 had other terms that would affect her credibility. 22 question is — go back to the question. 23 and I brought that to the attention of the State 23 MR. SCAROLA: Could we first identify 24 Attorney. as any defense lawyer would do. 24 which privileged information is being asserted? 25 And I questioned the credibility of the 25 MR. EDWARDS: I'm going to do that. 444 446 I one or two witnesses. But we never had any 1 SPECIAL MASTER POZZUOLI: Well. I want to 2 conversation about 40 witnesses. And I have no idea 2 hear the argument first. So let -- 3 whether the 40 witness are lying. telling the truth 3 THE REPORTER: "Your conversation with 4 or saying something in between. I just have no 4 Ghislaine Maxwell. somebody who you have just 5 idea. I've never explored that. 5 told me you did not represent, would be a 6 Q. Okay. During the investigation, you 6 privileged communication? 7 represented Jeffrey Epstein, right? 7 SPECIAL MASTER POZZUOLI: Go back up 8 A. I never represented him alone. I 8 further. 9 represented him always with a local counsel, with 9 THE REPORTER: "When the investigation in 10 Roy Black, with two -- 10 2005 was happening. did you speak with Ghalainc 11 Q. I think we're ntiscommunicating. My 11 Maxwell?" 12 question is were you one of the attorneys that 12 MR. INDYKE: That's the question? Sorry. 13 represented Jeffrey Epstein? 13 I didn't hear the question. 14 A. I was one, yes. 14 SPECIAL MASTER POZZUOLI: That is the 15 Q. Did you represent anybody else in 15 question. 16 connection with the investigation Into Jeffrey 16 MR. INDYKE: To the extent that Alan's 17 Epstein? 17 information would invade the attorney-client 18 A. Not that I can think of. 18 privilege and work product. which Jeffrey still 19 Q. It was just Jeffrey Epstein? 19 has a right to object. and common interest. I 20 A. To my knowledge. To my recollection. 20 would object to that — I would object to 21 Q. You know Ghlslaine Maxwell, don't you? 21 Alan's answering that question and instruct 22 A. I do. 22 Alan not to answer. please. 23 Q. When the investigation in 2005 was 23 MR. EDWARDS: There cannot be any 24 happening, did you speak with (autlaine Maxwell? 24 attomey-client privilege in a communication 25 MR_ SCOTT: Don't reveal any privileged 25 between Alan Dershowitz and Ghalainc Maxwell. 29 (Pages 443 to 446) www.phi sre orting.com EFTA00615832 447 449 1 THE WITNESS: Yes. there can. Would you 1 that Alan knows about only because of his 2 like me to explain why? 2 representation of Jeffrey Epstein. then under 3 SPECIAL MASTER POZZUOLI: I would like for 3 those circumstances, that is privileged. That 4 your lawyers to explain why. 4 should not be disclosed. 5 THE WITNESS: They may not know this fact. 5 SPECIAL MASTER POZZUOLI: Let me ask a 6 but my understanding is that there was a joint 6 question. Are you suggesting that the parties 7 defense agreement, and that would therefore 7 to a joint defense agreement. that information 8 allow Jeffrey Epstein to assert the privilege 8 in and of itself is privileged? 9 in relation to Ghislaine Maxwell. That's my 9 MR. INDYKE: Under certain circumstances. 10 understanding. 10 I'm not familiar with the joint defense 11 BY MR. EDWARDS: 11 agreement back then. but it's possible. If 12 Q. (1hislaine Maxwell was never the target of 12 they're mainly parties who are witnesses. 13 the investigation, was she? 13 SPECIAL MASTER POZZUOLI: I'm going to 14 A. You're a criminal lawyer. You know that 14 reserve on this and we're going to move forward 15 you don't need to be the target of an investigation 15 because I want to err on the side of protecting 16 to need a lawyer. 16 the privilege and we can review this. Ill 17 Q. Hasn't she just recently publicly said, I 17 resent for further inquiry. 18 was never the target of an investigation? 18 BY MR. EDWARDS: 19 MR. SCOTT: Objection, argumentative -- 19 Q. Was this joint defense agreement in 20 SPECIAL MASTER POrLUOLI: At this point. 20 writing? 21 I'm going to suggest that based upon what 21 A. I have no recollection at this point. 22 Mr. Dershowitz has said. I certainly don't want 22 Q. When was the joint defense agreement 23 him invading the privilege either through a 23 entered into? 24 direct or joint defense agreement. and so at 24 A. I have no recollection. I only remember 25 this point. I will rule that he's not required 25 that there was at a point in time a joint defense 448 450 1 to answer. but I will reserve for further 1 agreement. And I would have to check. And I also 2 information. 2 don't want to -- I want to err on the side of not 3 We can go back and you can revisit this. 3 revealing privileged information. But if it wasn't 4 assuming that, you know. you have documentation 4 part of a joint defense agreement. I would be 5 or there is no such joint defense agreement. S delighted to answer the question. I would be happy 6 BY MR. EDWARDS: 6 to answer the question. 7 Q. Who were the parties to the joint defense 7 SPECIAL MASTER POZZUOLI: And we're going 8 agreement? 8 to revisit this because we may have to come 9 A. This is a long time ago. My recollection 9 back to the question. 10 is that very early on. there was a joint defense 10 MR. INDYKE: Your Honor, can I add one 11 agreement between several of the people who were of 31 consideration as well? I heard -- I don't know 12 interest to the District Attorney and to the federal 12 which attorney — 13 government. That's my recollection. And I would 13 SPECIAL MASTER POZZUOLI: Speak up. 14 always want to resolve doubts in favor of privilege. 19 MR. INDYKE: I'm going to put my -- I 15 We can check further. I would be happy to answer 15 heard — I don't know which attorney made the 16 the question if it's not privileged. 16 statement -- that work product privilege can be 17 Q. Who are the people that you remember being 17 waived by the attorney even though they're the 18 part of the joint defense agreement? 18 objections of the client. I don't believe 19 A. I'm just trying to think of whether -- 19 that's accurate. &al would also object on 20 MR. SCOTT: Don't answer anything 20 those grounds as well. 21 privileged. 21 To the extent that any kind of information 22 A. I just — I would rely on Darren for that. 22 that Alan has that's asked to be disclosed is 23 MR. INDYKE: If you're asking him who are 23 covered under the work product privilege, that 24 the parties to the joint defense agreement. and 24 should also not be disclosed, and I would 25 that would disclose information about witnesses 25 object on that basis and instruct Alan not to 30 (Pages 447 to 450) www.phi sre orting.com EFTA00615833 451 453 1 answer as well. 1 legal issues there. too. 2 SPECIAL MASTER POZZUOLI: I'm aware of the 2 SPECIAL MASTER POZZUOLI: Well I would 3 argument between counsel. The question that I 3 count on the parties to make their best 4 have is as follows: Is a — was there, in 4 argument. legal or factual. 5 fact, a joint defense agreement? What form did 5 BY MR. EDWARDS: 6 it take? And is it either subject to direct 6 Q. Do you know a person named 7 8 privilege or to work product privilege? And so those questions in that order need 7 8 IIIIIP A. No. I know vaguely who she is. 9 to be answered for me. and wed have to come 9 MR. INDYKE: Objection. To the extent. 10 back and revisit those things. So I 10 Alan. that the only way you know the answer to 11 appreciate -- thank you for the distinction. 11 that question is through your representation of 12 but that's where I am on this issue. 12 Jeffrey Epstein. then I would instruct you not 13 MR. EDWARDS: Can I ask, then. just 13 to answer that question. as it violates the 14 specifically. was Ghislaine Maxwell a party to 14 privilege. 15 the joint defense agreement? 15 SPECIAL MASTER POZZUOLI: Short of that. 16 MR. SCOTT: Asked and answered. 16 the question was straightforward. But outside 17 SPECIAL MASTER POZZUOLI: That goes hack 17 of privileged information. 18 to the question whether or not -- and this is 18 A. The name is familiar. but I don't know — 19 the question I have, is whether or not a 19 I'm sure I've met her. but I don't know her. 20 particular — is it a violation of either the 20 BY MR. EDWARDS: 21 privilege or work product privilege who the 21 Q. Fair to say she was -- 22 particular participants arc of a joint defense 22 A. I don't think I've had a conversation with 23 agreement. if one, in fact, existed? 23 her. 24 MR. EDWARDS: But if wee not able to 24 Q. Fair to say, then, she was not a party to 25 answer that question. then the communications 25 the joint defense agreement? 452 454 1 that he had with Ghislaine Maxwell I should be 1 SPECIAL MASTER POZZUOLI: I'm going to 2 able to get into. 2 stop you. We've talked about this. I'm not 3 SPECIAL MASTER POZZUOLI: I -- well. that 3 going to let you backdoor the conversation 4 assumes that the communications — I would say 4 until we flesh that out. 5 it this. For purposes of right now, that 5 MR. EDWARDS: I understand, but if it's 6 assumes the communications somehow fall outside 6 somebody who clearly was not, meaning he 7 the privilege, either work product or 7 doesn't even know her. If she clearly was not. 8 otherwise. and/or had been waived in some ■ 8 then I want to get into those conversations. 9 so that you can make inquiry. And so -- but 9 That would be the easiest thing to do. I can 10 fm not even there yet. 10 eliminate the people that may have been a part 11 But because of the sensitivity around the 11 of that. Okay. we'll leave those alone. But 12 privilege, at this point. fm going to reserve 12 people that he doesn't even know. I want to get 13 and ask the parties to inquire further as to 13 into what that person knows. 14 the four questions that I had around the joint 14 A. Let me shortcut this. To my knowledge. I 15 defense agreement. And I don't want to impact 15 never had a conversation with this person. 16 your rights to inquire until I understand that. 16 BY MR. EDWARDS: 17 THE WITNESS: I will inquire of es-counsel 17 Q. Okay. So that is somebody in these police 18 in the Epstein case, who would probably know 18 reports, if you review them, is listed as -- is 19 the answer to that, to those series of 19 described as Jeffrey Epstein's sex slave at the 20 questions. 20 time. Are you aware of that? 21 SPECIAL MASTER POZZUOLI: It's a serious 21 A. No. 22 enough issue that I don't want to — 22 Q. Okay. Do ou ever remember the 23 MR. EDWARDS: I understand and I respect 23 allegations' being a sex slave to 24 it. 24 Jeffrey Epstein? 25 MR. SCOTT: We should also look into the 25 A. Not specifically. 31 (Pages 451 to 454) www.phi sre orting.com EFTA00615834 455 4 57 1 Q. Do you ever remember the allegations of 1 A. No. No. I don't think so. My 2 various underage girls that in 2 recollection is there were four names originally. 3 addition to Jeffrey Epstein. engaged in sexual acts 3 and then there was a request by the lawyers of the 4 with minors during the investigation? 4 four named people to eliminate their names. 5 A. I don't have any recollection of that. S MR. INDYKE: Mr. Dershowitz. if you're 6 Q. In trying to ascertain whether the 6 going to go into work product, then I would 7 witnesses who came forward against Jeffrey Epstein 7 rather you —I would instruct you not to 8 then, or coming forward against 8 disclose. 9 Jeffrey Epstein now, arc telling the truth or are 9 SPECIAL MASTER POZZUOLI: At this point. 10 lying, have you gone to to ask her 10 it's 12:00. is this a good place for you to 11 questions about the circumstances of this lawsuit? 11 break? 12 A. I don't know her. 12 MR. EDWARDS: This is fine. 13 MR. INDYKE: Objection on the basis of 13 SPECIAL MASTER POZZUOLI: 1:00? 14 common interest privilege and on the basis of 14 THE WITNESS: fm happy to do 12:30. 15 attorney-client privilege and on the basis of 15 MR. SCOTT: 1:00 is fine. 16 work product privilege. 16 SPECIAL MASTER POZZUOLI: 1:00 start back. 17 SPECIAL MASTER POZZUOLI: He's already 17 We're on break. 18 answered he does not know her. 18 VIDEOGRAPHER: Going off the record. The 19 A. And I have also --I think I can say 19 time is 11:59 a.m. 20 this -- no. I can't. I can't. It's covered by the 20 (A lunch recess was held from 11:59 a.m. until 1:05 21 privilege. 21 p.m.. after which the proceedings continued in 22 BY MR. EDWARDS: 22 Volume 4.) 23 Q. Was considered a 23 24 coconspirator of Jeffrey Epstein's during the 24 25 criminal investigation? 25 456 458 1 A. There are two criminal — CERTIFICATE OF OATH 2 MR. INDYKE: Same objection. 3 BY MR. EDWARDS: 4 Q. The federal criminal investigation? STATE OF FLORIDA 5 MR. SCOTT: Don't reveal any privileged COUNTY OF BROWARD 6 materials. 7 A. No. My recollection is during the federal I. the undersigned authority. certify 8 investigation, there were four named individuals who that ALAN M. DERSHOWITZ duly personally appealed 9 were the subject of the nonprosccution agreement. I sworn on the 12th day of 10 remember two of them -- I remember at least one of January. 2016. 11 their names. I think I remember a second. but I'm Signed this 14th day of January. 2016. 12 not sure. 13 I think she was one of those who was 14 granted immunity. But the immunity was limited to i L 15 four named individuals. all of whom were women. And KIMBERLY FONT CLR 16 you could easily have found that out, and yet you E uilkyleebWjc. State 17 accused me of being one of the people who -- y Commission No. 8 18 MR. EDWARDS: This is not responsive. Expires: 7/12/2019 19 SPECIAL MASTER POZZUOLI: It was up 20 through that point. Let's move forward. 21 BY MR. EDWARDS: 22 Q. Didn't the nonprosecution agreement. 23 though, include as coconspirators -- didn't it say 24 all coconspirators of Jeffrey Epstein, including, 25 and then listed four names; that's how it went? 32 (Pages 455 to 458) www.phi sre orting.com EFTA00615835 459 461 CERTIFICATE OF REPORTER ERRATA SHEET IX/ NOT WRITE. ON IRANSCRIIT - ENTER CHANGES HERE STATE OF FLORIDA In Re. BRADLEY EDWARDS. ET AL. V. ALAN M. COUNTY OF BROWARD DERSHOIMTZ Cain No.: ALAN M. DERSHOWITZ I. KIMBERLY FONTALVO. Registered January 12. 2016 Professional Reporter. do hereby certify that I was authorized to and did stenographically report PAGE UNE CHANGE REASON the foregoing videotape continued deposition of ALAN M. DERSHOWTTZ: pages 334 through 455: that a review of the transcript was requested: and that the transcript is a true record of my stenographic notes. I FURTHER CERTIFY that I am not a relative. employee, attorney, or counsel of any of the parties. nor am I a relative or employee of any of the panics' attorneys or counsel connected with the action. nor am I financially interested in the action. Dated this 14th day of January. 2016. Lida isarahrts of gentry. I declare that I have KIMBERLY FONTALVO. RPIt CLR read the foregoing document and that the fat stated Mit are true. Date ALAN M. DERSHOWI1t 460 January 14. 2016 COLE scar de ICISSANE P.A. Re: Bradley Edwards. et al.. v. Alan M Ikninninis Please take notice alit on the 12th day of January. 1116. you gave your deposman in the above cause As has rune. you did not waive your signanne Thc abow.addressed attorneyhat ordered a copy of this transcript and %III make an-angenrnu with you to read their ropy. Please execute the Errata SheeL which Can be found at the back of the transcript and have it returned to us for distribution to all panics. If you donor read and sign the deposition within a reasonable amount a lanc. the comma which has already been forwarded to the ordering attorney. may be filed with the Clerk of the Coon. If you wish to waive your signature now. please sign sour name in the blank at the bottom of this letter and return to the address listed below. Very truly yours. KIMBERLY FONTALVO. RPR. MR I do hereby waive my signature MAN %I insiKiv76-7 -- 33 (Pages 459 to 461) www.phi sre orting.com EFTA00615836 1 A acquaintance... agreed (3) 459:10 460:5 380:17 a.m (9) 360:17 338:9 359:3 460:22 461:3,4 Andrew (3) 334:15,15 act (1) 416:25 461:25 394:2 397:6 338:19 374:12 405:18 agreement (23) Alan's (2) 427:11 375:17,17,19 acting (2) 391:19 415:6 446:16,21 announce (1) 457:19,20 403:18 413:11 429:21 447:7 alerted (1) 339:3 ABC (8) action (2) 447:24 448:5,8 413:21 answer (98) 344:17 373:13 459:18,19 448:11,18,24 Alfredo (4) 340:11 342:17 373:21,22,23 acts (1) 449:7,11,19,22 337:15 378:7,25 353:12,23,25 374:5,7 396:25 455:3 450:1,4 451:5 379:13 354:1,3 360:2 ability (2) add (2) 451:15,23 allegation (10) 360:2,4 361:16 409:14 413:13 423:24 450:10 452:15 453:25 355:2 356:10 361:20,23,25 able (17) added (1) 456:9,22 371:24 372:2 362:15,16,22 348:8 353:2 356:24 agrees (2) 372:15 376:8 362:24 363:1,5 2E:8,9,13 addition (1) 369:22 370:2 376:13 377:3,5 363:6,20 •:2 371:15 455:3 ahead (16) 403:18 376:20,21,24 374:19 376:10 address (1) 377:14 383:13 allegations (22) 377:20,22 376:15 390:23 460:15 393:11 396:2 341:6 342:21 379:8 380:6,20 392:1 404:14 Adler (1) 397:18 400:19 345:20 346:13 380:22,25 411:9 420:6 380:17 402:22 409:4 355:18 361:10 381:22,23 451:24 452:2 Administrator... 421:25 422:17 361:12 362:6 383:12,14 above-address... 334:21 423:3 427:23 365:6 371:18 384:10,12 460:8 advice (4) 434:25 441:2 373:19 385:18 385:12 390:8 Absolutely (4) 413:25 414:4,14 441:14 443:3 407:22 410:6 395:6 398:18 364:15 411:22 415:10 airplane (3) 410:15 414:19 403:4 404:20 425:25 442:12 affect (1) 348:5 365:21 414:24 420:8 408:21,22 accept (1) 443:22 440:20 436:17 440:21 409:4,11,13,17 407:6 affidavit (17) al (17) 454:23 455:1 409:22 414:5 accommodate... 385:6,8,17,19 349:2 351:7,19 alleged (1) 416:16,18 375:14 386:1,3,4,8,11 351:21,21,25 357:11 417:12,21 account (2) 386:23,24,25 352:1,5,8,9,11 alleging (1) 418:12,24 356:21 442:2 399:12 413:4 352:17,20,23 357:3 419:11,23 accounts (1) 420:18 421:11 354:15 460:5 allow (2) 422:1,16,19 341:9 421:12 461:3 432:14 447:8 423:20 424:2 accurate (3) affirm (2) Alan (33) allowed (2) 428:8,11 429:3 417:16 439:21 338:11 339:20 334:7,11 337:7 349:22 350:3 429:4,5,7,8,10 450:19 age (1) 337:16,18 amazing (1) 431:4,16,20 accusation (2) 432:18 338:20,21 433:1 432:15,19 371:23 439:2 ago (5) 359:5 363:20 amend (2) 434:7 435:3,6 accusations (2) 341:3 376:5 367:6,7 376:24 413:22,23 435:14,14 409:24 433:8 384:2 437:12 377:16,20 amount (2) 436:10,11,22 accused (7) 448:9 396:17 414:1 355:17 460:12 443:9 446:22 366:14 368:21 agree (9) 416:14,16 and-- (2) 448:1,15,20 375:22 412:4 338:13,14,15 443:6,8 446:22 335:13,17 450:5,6 451:1 414:12 443:13 343:13 353:14 446:25 449:1 and/or (1) 451:25 452:19 456:17 403:13416:10 450:22,25 452:8 453:10,13 416:22 428:8 453:10 458:9 Anderson (1) answered (16) www.phi s rting.com EFTA00615837 2 357:23 14 April (4) 430:17 434:11 attempted (1) aware (7) 363:25 379:3 337:16 368:3,11 435:4 436:8 376:8 345:9 350:7 382:20,22,25 388:7 437:21 441:10 attention (1) 352:18 426:18 409:10,14 argue (1) 450:22 451:16 443:23 440:12 451:2 412:23 413:18 418:21 asking (30) attorney (16) 454:20 413:20 441:11 argument (4) 344:17 345:3,4 336:14 349:16 451:9,16 370:19 446:2 347:7,10 356:19,22 B 455:18 451:3 453:4 352:15 370:1 361:23 381:10 back (2.8) answering (2) argumentativ... 372:5 374:24 404:9 438:19 359:10 371:17 373:25 446:21 343:16 346:23 380:24 381:21 443:24 448:12 372:11,13 answers (2) 353:10 359:1 383:1 386:1 450:12,15,17 373:4,10 340:9 435:22 363:10 370:25 393:5 394:10 459:15 460:8 375:18,21 anybody (12) 373:1 380:13 396:25 398:8,9 460:13 386:8 391:21 344:12 348:19 382:15 426:6 398:16 399:4 attorney-dien... 405:16 407:17 354:18,18 440:11442:20 405:11 407:1 359:8,25 360:3 408:14 411:17 364:24 365:7 447:19 412:7 414:6 360:6 361:22 424:3,25 394:11 412:1 arrangements... 415:3,10 417:8 376:23 377:18 430:16 432:12 419:17 430:14 460:9 418:11 427:21 379:7 416:23 437:13 445:22 439:11 444:15 arrest (1) 448:23 417:1,3,10 446:7 448:3 anytime (1) 357:9 assert (2) 429:25 430:1,9 449:11 450:9 365:13 arrested (6) 369:1 447:8 430:11 435:7 451:10,17 apparently (4) 356:12,15,21 asserted (2) 435:15 443:7 457:16 460:10 372:16 373:7 357:2,4 379:13 430:14 445:24 446:17,24 backdoor (1) 405:19 442:2 articles (3) assertion (2) 455:15 454:3 appearances (3) 373:12 374:14 426:19 430:12 attorneys (3) backup (1) 335:1 336:1 375:10 assertions (3) 339:3 444:12 413:14 339:4 ascertain (1) 407:7 430:10,10 459:17 Bar (8) appeared (1) 455:6 assisted (3) attributed (5) 349:22,25 355:8 458:9 ascertaining (1) 12,21,24 382:4,12 383:22 366:3,10 390:3 appointed (2) 439:25 associated (2) 385:3 387:5 391:12,17 338:3,8 Ashe (2) 344:12 380:11 audience (7) Barack (1) appreciate (4) 419:24,24 Association (1) 366:18 368:16 371:2 349:13 407:6 aside (1) 366:3 368:17,23 Barak (20) 429:11 451:11 396:9 assume (6) 388:12,14,15 349:3 351:8 appreciated (1) asked (32) 369:8 374:21 August (4) 371:11,14,15 375:14 3i8j 357:22 392:1405:17 405:24406:3,4 372:3,16 appropriate (7) •:11,14 422:9 436:2 406:14 373:17 375:22 350:7 354:5 360:11 361:7 assumed (2) authorities (1) 376:9,13,17 370:6 373:20 363:25 365:13 433:3,5 350:7 377:6,10 394:24 398:11 373:12 374:2 assumes (2) authority (1) 379:21 380:8 431:3 384:18 392:16 452:4,6 458:8 380:12 381:8 appropriately ... 399:23 402:6 assuming (1) authorized (1) 383:17 420:14 354:11 372:19 402:25 403:9 448:4 459:8 Barak's (1) 399:7 405:10 408:1 attach (1) Ave (1) 381:18 approximate!... 408:15 409:6 437:3 336:4 BARNHART ... 338:18 375:19 412:23 413:18 attachment (1) avoided (1) 335:4 433:14 413:20427:6 397:20 348:9 based (14) www.phi sr orting.com EFTA00615838 3 356:21 360:2 353:9 354:2,16 big (1) 442:5,10 371:24 373:20 364:10 377:18 362:20 364:1 425:10 457:11,17 408:18,19 417:18 425:5 364:23 367:10 Bill (11) Breakfast (2) 420:20 425:15,21 367:12 368:19 351:6 353:5 337:19 396:22 card (2) 426:14,16 371:3 375:8,9 354:6,8 383:23 bring (5) 349:23,25 436:5,22 382:19 383:2 384:4,5,23 395:10 436:9,20 care (1) 438:20 447:21 386:24 394:20 385:18 386:12 437:21 440:2 431:15 basic (1) 395:11,12,12 386:17 bringing (1) Carlos (1) 433:4 396:20 403:6 bills (2) 389:1 346:25 basically (1) 403:24413:3,5 387:11 391:2 Britain (1) case (16) 401:9 413:19 422:12 bit (1) 371:12 334:2 346:16 basing (1) 423:6,10,13 418:18 broad (6) 350:8 363:17 355:1 425:6,7,12,15 Black (1) 349:4 417:20 364:14 378:5 basis (12) 426:14 433:16 444:10 418:10 419:6 387:10,16 341:1 350:25 434:2,6,16,18 blame (2) 436:21 438:4
EFTA00143487.pdf
11:51 _ .11 5G 2 messages Fwd: From: Sigrid McCawley Date: 4 October 2018 at 16:53:50 CEST To: Cc: , Stan Pottinger , "Paul Cassell Subject: RE: Hello — that information is very helpful. We are still going back and forth on deposition dates and submitted a letter motion to the court today to try to resolve some issues and get the dates locked in. Epstein is scheduled to be deposed by us next Friday October 12th in West Palm Beach and it looks like will be on October 30th in New York and we are working on the others. Stay tuned — I will let you know when we have everything locked in. We also hired an investigative firm to help us locate and serve other witnesses that we believe will be helpful. I will give you an update as soon as I have more information. All my best, Sigrid Sigrid McCawley Partner BOIES SCHILLER FLEXNER LLP Fort Lauderdale, FL, 33301 (t) E'N • • • EFTA00143487
EFTA02619893.pdf
From: Lesley Groff <
Sent: Wednesday, October 10, 2018 5:09 PM
To: Jefffrey Epstein
Subject: David Mitchell
Please call David Mitchell on his cell. He is at a deposition right now but s=ys he will pick up.
Sent from my iPhone=?xml version=.0" encoding=TF-8"?>
EFTA02339396.pdf
From:
Sent: Friday, April 29, 2011 3:22 PM
To: Jefffrey Epstein
Subject: Fortress VERF I LLC & Fortress Value Recovery vs Jeepers
I have rec'd your transcript from your recent deposition from Susman's =ffice. They are asking you to please read the
transcript and make any =otes of errors, whether typographical or substantive. You must have =he changes made,
notarized and sent back to Bill Dunseth at Susman's =ffice no later than may 18th.
I will bring this with me when I come in this Sunday!
Les=?xml version=.0" encoding=TF-8"?>
EFTA00234804.pdf
Case 9:08-cv-80893-KAM Document 47 Entered on FLSD Docket 05/04/2009 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 08-CV-80893-MARRA/JOHNSON JANE DOE, Plaintiff vs. JEFFREY EPSTEIN, Defendant / RESPONSE IN OPPOSITION TO "CONSOLIDATION" OF CASES AND OBJECTING TO CONSOLIDATION OF DEPOSITION OF THE DEFENDANT AND TO ANY DELAY IN CURRENTLY PENDING DISCOVERY COMES NOW plaintiff Jane Doe No. 7 (hereinafter referred to as "Plaintiff' in this pleading), by and through her undersigned counsel, to respond in opposition to consolidating her case with other cases for discovery purposes. The Court should deny consolidation, without prejudice to Jane Doc No. 3 re-filing the motion with more specific information about what the consolidation would entail. As the Court is aware, there is currently a case management order in place in this case (DE 20), which sets the parameters of discovery. Jane Doe No. 3 (and, apparently, several other Jane Does represented by the same counsel) have filed a motion to consolidate their pending cases with Plaintiff's case. The only articulated concern of these persons was to avoid multiple - and harassing - depositions about sexual abuse. That concern has now been obviated by the Court's entry of an order (DE 43) limiting depositions of each of the Jane Does. It is therefore, unclear what Jane Due Nu. 3 specifically hopes to further accomplish by consolidation. Moreover, it is unclear to what extent consolidation would alter the existing case management EFTA00234804 Case 9:08-cv-80893-KAM Document 47 Entered on FLSD Docket 05/04/2009 Page 2 of 4 CASE NO: 08-CV-8089.3-MARRAMOHNSON order in this case. This confusion is compounded by the fact that Jane Doe No. 3 did not (apparently contrary to the local rules) provide any proposed order that she wished the Court to enter granting specific relief on consolidation. Plaintiff is particularly concerned about two possible ramifications of "consolidation." First. Plaintiff is concerned that she be given her own, individual opportunity to depose Epstein about the abuse that he perpetrated against her and about the other aspects of her own, individual case. Jane Doe No l's consolidation motion appears to envision consolidating 10 cases together, involving ten minor girls who each allege separate and specific acts of sexual abuse by Epstein against each of them over several years. If Plaintiff is given only one-tenth of a one-day deposition to ask questions about her particular case, then her ability to gather relevant evidence will he severely and unfairly limited. She will barely have enough time (assuming time is allocated pro rata) to ask about the acts of sexual abuse -- let alone the many other aspects of the case that she needs to explore to be prepared for trial. These problems arc compounde d by the fact that Plaintiff's legal theories and factual assertions are, in significant respects, different from those of other Jane Does and their separate legal counsel. Second, Plaintiff is concerned that any consolidation not serve as a basis for delay by Epstein in answering her interrogatories, requests for production, and requests fur admission that Plaintiff has properly served on him. Any delay would serve to severely prejudice Plaintiff. For all these reasons, the Court should deny the motion for consolidation without prejudice. Jane Doe No. 3 could then re-file the motion with more specific information about how the consolidation would operate and how it would affect the existing case managemen t order. 2 EFTA00234805 Case 9 08-cv-80893-KAM Document 47 Entered on FLSD Docket 05/04/2009 Page 3 of 4 CASE NO: 08-CV-80893-MARRAMOHNSON DATED this 4th day of May, 2009. Respectfully Submitted, ROTHSTEIN ROSENFELDT ADLER By: s/ Brad Edwards Rrad Edwards, Esquire Attorneys for Plaintiff Florida Bar No. 542075 401 East Las Olas Boulevard, Suite 1650 Fort Lauderdale, FL 33301 Telephone: 954-522-3456 Facsimile: 954-527-8663 E-Mail: Paul a Cassell Attorney for Plaintiff Pro Hac Vice 332 S. 1400 E. Salt Lake City, UT 84112 Telephone: 801-585-5202 Facsimile: 801-585-6833 E-Mail: liall IIMMI CERTIFICATE OF SERVICE I HEREBY CERTIFY that on 4th day of May, 2009, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. 3 EFTA00234806 Case 9 08-cv-80893-KAM Document 47 Entered on FLSD Docket 05/04/2009 Page 4 of 4 CASE NO: 08-C V-80893-MARRA/JOHNSON SERVICE LIST Jane Doe, Plaintiff vs. Jeffrey Epstein, Defendant Case No.: OR-CV-80893-MARRA/JOHNSON United States District Court, Southern District ofFlorida Jack Alan Goldberger, Esquire Atterburty, Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 Robert D. Critton, Jr., Esquire Michael J. Pike, Esquire Burman, Critton, Lunier & Coleman, LLP 515 North Flagler Drive Suite 400 West Palm Beach, Florida 33401 si Brad Edwards Brad Edwards, Esquire Florida Bar No. 542075 HAs*Tdocs'09.2278a Wild v Epsiciffiresponse to orda to show cause-cps:cm rinoi.dov 4 EFTA00234807
EFTA00612077.pdf
LEOPOLD-KUVINL, CONSUMER JUSTICE ATTORNEYS May 6, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Jeffrey Epstein Dear Ms. Enclosed please find a copy of Re-notice of Taking your Deposition which is now scheduled for Tuesday, June 15, 2010 beginning at 10:00 a.m. Please be advised that you are still under subpoena and your appearance at this deposition is mandatory. Should you have any questions, please don't hesitate to contact me at your convenience. CRASHWORTHINESS • MANAGED CARE ABUSE • CONSUMER CLASS ACTIONS • PERSONAL INJURY • WRONGFUL DEATH EFTA00612077 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Case No: 10-80447-cv-Marmaohnson Plaintiff, vs. JEFFREY EPSTEIN Defendant. PLAINTIFF'S RE-NOTICE OF TAKING VIDEO DEPOSITION PLEASE TAKE NOTICE THAT THE UNDERSIGNED ATTORNEY WILL TAKE THE DEPOSITION OF: DATE AND TIME: LOCATION: June 15, 2010 Intelligent Office, 10:00 AM upon an oral examination before Videographer and 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. WE HEREBY CERTIFY that a true and correct coy of this Notice was mailed this 7 D. Critton, Jr., Michael J. Pike, LEOPOLD-KUVIN, P.A. NEN. Cc: Prose Court Reporting Florida Bar No: 089737 Visual Evidence EFTA00612078 Farmer, Jaffe, Weissing, Class ,t, Edwards, Fistos a Lehrman, P.L. Cornrneroa t - -• 0 P.IP5TIC E.CONI May 7, 2010 Honorable Donald W. Hafele Main Judicial Complex Re:I Dear Judge Hafele: v. Jeffrey Epstein / Case No. 502008CA028051XXXXMB AB -and- v. Jeffrey Epstein / Case No. 502008CP003626XXXXMB Enclosed please find copies of Plaintiffs' proposed Agreed Orders concerning the hearing on Defendant, Jeffrey Epstein's Motion for Partial Summary Judgment on Count I of Plaintiff's Second Amended Complaint that took place on April 9, 2010, in the above-captioned matters. Should both of these Agreed Orders meet with Your Honor's approval, please execute same in both matters and provide conformed copies to all counsel in the enclosed prepaid self- addressed envelopes provided. If you have any questions, please feel free to call. hank you for your time and attention to this matter. End es as stated GMF/nas cc: Robert D. Critton, Esq. / Jay Howell, Esq. Jack Goldberger, Esq. EFTA00612079 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. AGREED ORDER ON DEFENDANT, JEFFREY EPSTEIN'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNT I OF PLAINTIFF'S SECOND AMENDED COMPLAINT THIS CAUSE came on to be heard on April 9, 2010 upon Defendant, Jeffrey Epstein's Motion for Partial Summary Judgment on Count I of Plaintiffs Second Amended Complaint; the Court having reviewed and considered the motion and the record and otherwise being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: During the hearing, Plaintiffs counsel indicated a desire to amend the Complaint. As such, the Court will deny as moot Defendant, Jeffrey Epstein's Motion for Partial Summary Judgment on Count I of Plaintiffs Second Amended Complaint at this time so as to allow the Plaintiff,■to file an Amended Complaint within twenty (20) days of the date of this Order. Thereafter, Defendant. Jeffrey Epstein shall have twenty (20) days to file a responsive pleading. DONE AND ORDERED at Palm Beach County Courthouse, Palm Beach County, Florida, this day of 2010. HONORABLE DONALD W. HAFELE Circuit Court Judge COoleS furnished to• Gary M. Farmer, Jr., Esq. Bradley J. Edwards. Esq. Robert D. Critton, Jr., Esq. Jay Howell, Esq. Jack Alan Goldberger, Esq. EFTA00612080 IN THE CIRCUIT COURT FOR THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CP003626XXXXMB Plaintiff, v. JEFFREY EPSTEIN, Defendant. AGREED ORDER ON DEFENDANT. JEFFREY EPSTEIN'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNT I OF PLAINTIFF'S SECOND AMENDED COMPLAINT THIS CAUSE came on to be heard on April 9, 2010 upon Defendant, Jeffrey Epstein's Motion for Partial Summary Judgment on Count I of Plaintiffs Second Amended Complaint; the Court having reviewed and considered the motion and the record and otherwise being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: During the hearing, Plaintiffs counsel indicated a desire to amend the Complaint. As such, the Court will deny as moot Defendant, Jeffrey Epstein's Motion for Partial Summary Judgment on Count I of Plaintiff's Second Amended Complaint at this time so as to allow the Plaintiff1. to file an Amended Complaint within twenty (20) days of the date of this Order. Thereafter, Defendant, Jeffrey Epstein shall have twenty (20) days to file a responsive pleading. DONE AND ORDERED at Palm Beach County Courthouse, Palm Beach County, Florida, this day of , 2010. Copies furnished to: HONORABLE DONALD W. HAFELE Gary M. Farmer, Jr., Esq. Circuit Court Judge Bradley J. Edwards. Esq. Robert D. Craton, Jr., Esq. Jay Howell, Esq. Jack Man Goldberger, Esq. EFTA00612081
EFTA01247973.pdf
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2006CF009454AXX Ill STATE OF FLORIDA vs. NOTICE OF DEPOSITION JEFFREY EPSTEIN, STATE Of FLORIDA • RUM CEACH Ct...., I IN) Defendant. I hereby certify that the al foregoing a a true copy oft toren my take. TO: Lanna Belohlavek, Esquire 2 O Office of the State Attorney .c- 401 N. Dixie Hwy West Palm Beach, Florida 33401 PLEASE TAKE NOTICE that pursuant to the Florida Rules of Criminal Procedure that on Alma 2. 2008 beginning at the hour of 1:30 P.M., at the Palm Beach County Courthouse, 4th Floor, 205 North Dixie Highway, West Palm Beach, Florida 33401: before Consor & Associates who is authorized by law to take depositions in the State of Florida, the Plaintiffs will, upon oral examination, take the deposition of the following named via telephone, to wit: Such oral examination will continue from day to day until completed. You are hereby notified to phone in and take part in said examination as you may be advised, and as shall be fit and proper. This deposition is being taken for the purposes of discovery, for use as primary evidence or for such other purposes as are permitted under the applicable Statutes or Rules of Court. I HEREBY CERTIFY that a copy of the foregoing Notice of Taking Deposition has been furnished to the above named addressee and Michael IL Tein, Esquire, 3059 Grand Avenue, Suite 340, Coconut Grove, Florida 33133 by via fax & mail this 25" day of March, 2008. ATTERBURY, GOLDBERGER, & WEISS, P.A. 250 Australian Avenue South, Suite 1400 We t Palm Beach, Florida 33401 (5 )65'-83 (56,83 691 A GOL)BERGER, ESQUIRE Fl T da Bar No. 262013 MM15-STATE CASE-000186 3501.182-050 CONFIDENTIAL Page I of I EFTA_00072403 EFTA01247973
EFTA00147930.pdf
Subject: JE Date: Wed, 24 Jun 2020 14:05:03 +0000 Importance: Normal She lied during a 2016 civil deposition where she was asked specific questions about her involvement with Epstein. SSA - FBI New York On Jun 24, 2020 10:02 AM, 11 1a> wrote: One additional question: What is the basis for the perjury charge? Thanks, EFTA00147930
EFTA00793311.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 NOTICE OF TAKING VIDEOTAPED DEPOSITION OF JEFFREY EPSTEIN 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: Jeffrey Epstein DATE AND TIME: August 21, 2018 at 10:00 a.m. LOCATION: Boies Schiller & Flexner, LLP 575 Lexington Avenue, Th 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. ' Plaintiff originally filed this action under the pseudonym "Jane Doe 43," but is now proceeding under her real name. I EFTA00793311 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. Dated: August la 2018. BOLES SCHILLER FLEXNER LLP By: /s/ Sigrid McCawley Sigrid McCawley (Pro Hac Vice) Meredith Schultz (Pro Hac Vice) Boies Schiller Flexner LLP 401 E. Las Olas Blvd., Suite 1200 33301 Bradley J. Edwards, Esq. (Pro Hac Vice) Stanley Pottinger, Esq. EDWARDS POTTINGER LLC 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Paul G. Cassell (Pro Hac Vice) S.J. Quinney College of Law University of Utah 383 University St. Salt Lake Cit , UT 84112 2 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 EFTA00793312 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 10th day of August, 2018, I served the attached PLAINTIFFS NOTICE OF TAKING VIDEOTAPED DEPOSITON OF WITNESS JEFFREY EPSTEIN via Email to the following counsel of record. Michael Miller Justin Y.K Chu Michael A. Keough STEPTOE & JOHNSON LLP 1114 Avenue of the Americas New York, NY 10036 Counselfor Jeffrey Epstein, and Lesley Groff Laura A. Menninger, Esq. Jeffrey Pagliuca, Esq. HADDON, MORGAN & FOREMAN, P.C. 150 East 10th Avenue Denver Colorado 80203 Counselfor Ghislaine Maxwell By: /s/ Sigrid McCawley Sigrid McCawley 3 EFTA00793313
EFTA00617951.pdf
Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 1 of 12 t1nited States District Court Southern District of New York Plaintiff, Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell, Defendant. PLAINTIFF'S REDACTED MOTION FOR LEAVE TO SERVE THREE DEPOSITION SUBPOENAS BY MEANS OTHER THAN PERSONAL SERVICE Plaintiff by and through her undersigned counsel, hereby files this Motion for Leave to Serve Three Deposition Subpoenas by Means Other Than Personal Service. The three persons to be subpoenaed — Jeffrey Epstein, and were each involved in the sexual abuse and sexual trafficking at issue in this case. It appears that all three of them have evaded attempts to personally serve them (and two of the persons, Epstein and M, have attorneys who have not been authorized by their clients to accept service). Ms. seeks leave to provide service by several alternative means that are designed to assure actual notice is provided to these persons. See Declaration of Sigrid McCawley ("McCawley Decl.") at Composite Exhibit 1, Subpoenas for Jeffrey Epstein, ) and . This Court has repeatedly held that Fed. R. Civ. P. 45 permits alternative service in appropriate circumstances, and this case presents such circumstances. Accordingly, the Court should grant Ms. leave to serve deposition subpoenas by alternative means. 1 EFTA00617951 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 2 of 12 BACKGROUND At the heart of this case lies Ms. allegations that that she was sexually abused by Jeffrey Epstein and the Defendant. Ms. has also alleged that Epstein and the Defendant were aided by others who played keys roles in the sex trafficking organization, including and Defendant has called Ms. a "liar" and Ms. is now in the process of assembling testimony and evidence to prove the truth of her allegations. Apart from the Defendant in this case, Jeffrey Epstein is the most important person for Ms. to depose. It was Epstein who gave the directions to Maxwell to recruit Ms. and bring her to Epstein's mansions to be sexually abused. Because of Epstein's importance to this case, Ms. has diligently tried to personally serve Epstein with a subpoena for his deposition. Epstein, however, appears to have no interest in answering questions under oath about the scope of his sex trafficking organization and he has not authorized his lawyer to accept service of the subpoena. On March 7, 2016, Ms. 2 EFTA00617952 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 3 of 12 counsel contacted counsel for Epstein to seek agreement that he would accept service of the subpoena in this matter. See McCawley Decl. at Composite Exhibit 3, Electronic Correspondence to Attorney Marty Weinberg. Ms. was unable to obtain that agreement so she retained an investigative company to attempt to locate Epstein for purposes of personal service. As explained in the attached affidavit, the Alpha Group Investigators commenced efforts to personally serve Epstein on April 26, 2016. See McCawley Decl. at Exhibit 4 Affidavit of Douglas G. Mercer, Chief Investigator Alpha Group. Those efforts have continued for weeks, and included over sixteen (16) attempts to personally serve Epstein, including as recently as May 18, 2016, at which time the investigator affixed the subpoena to the front door of Epstein's residence and mailed copies of the subpoena to both of his New York addresses along with a witness check. Counsel for Ms. also provided a copy of the subpoena to Marty Weinberg, Epstein's attorney. Jeffrey Epstein is not the only key witness who has been evading Ms. efforts to depose them. The next echelon in the sex trafficking organization below Epstein and the Defendant includes and Ms. alleges that they were heavily involved in the sex trafficking. Both and appear repeatedly on the flight logs of Jeffrey Epstein's aircraft. The U.S. Attorney's Office for the Southern District of Florida specifically identified both and as among four named "potential co- conspirators of Epstein" in the non-prosecution agreement it executed with Epstein as part of his guilty plea to Florida state sex offense charges. See Non-Prosecution Agreement, In re: Investigation of Affrey Epstein at 7. Additionally, both and previously As recently as today, Ms. counsel continues to attempt to negotiate acceptance of service of the subpoena for Mr. Epstein, which now includes a request that his deposition take place in the U.S. Virgin Islands but has still not received an agreement to accept service. See McCawley Decl. at Composite Exhibit 3, Correspondence with Marty Weinberg, counsel for Jeffrey Epstein. 3 EFTA00617953 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 4 of 12 invoked their 5th amendment privileges when asked about their involvement in Epstein and Defendant's sex trafficking ring. As with Epstein, however, and appear to be evading efforts to serve them. On March 31, 2016, Ms. counsel reached out to counsel to seek agreement that she would accept service of the subpoena in this matter. See McCawley Decl. at Exhibit 5, Electronic Correspondence with Bruce Reinhart, of McDonald Hopkins, LLP in West Palm Beach, Florida. Mr. Reinhart represented that Ms. refused to allow her counsel to accept service of the subpoena, so Ms. was forced to commence the efforts to attempt to personally serve her with the subpoena. As explained in the attached affidavit, the Alpha Group Investigators commenced efforts to personally serve on April 26, 2016. See McCawley Decl. at 4, Affidavit of Douglas G. Mercer, Chief Investigator Alpha Group. Those efforts have continued with over nineteen (19) attempts at service and concluded as recently as May 18, 2016, at which time the investigator affixed the subpoena to the front door of residence and mailed copies of the subpoena to both of her New York addresses. Ms. counsel also provided a copy of the subpoena to attorney. has also been evading service. Ms. has had her investigators make efforts to attempt to personally serve at her New York residence, and also made efforts to try to personally serve her while on a trip to California, but has been unable to obtain personal service. Ms. investigators made over ten (10) attempts to personally serve See McCawley Decl. at Exhibit 4, Affidavit of Douglas G. Mercer, Chief 4 EFTA00617954 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 5 of 12 Investigator Alpha Group. In addition, counsel for Ms. reached out to Ms. former counsel but he indicated that he could not accept service as he no longer represents her. See McCawley Decl. at Exhibit 6, Electronic Correspondence with Jack Goldberger, at Atterbury, Goldberger & Weiss, P.A., in West Palm Beach, Florida. In other litigation relating to Jeffrey Epstein, both and asserted their fifth amendment rights when asked questions about Defendant's recruitment of underage girls. Q Do you know Ghislaine Maxwell? A Fifth. Q Is that somebody who helped Jeffrey Epstein to devise the scheme to allow him access to various and a variety of underage minor females? A Fifth. Q somebody that was also involved in the planning of this scheme to gain access to underage minor females? A Fifth. See McCawley Decl. at Exhibit 7, April 13, 2010 Dep. Tr. at p. 29-30 Q Isn't it true that yourself, Ghislaine Maxwell and had access to a master of list of underage minor females names and phone numbers so they could be called for the purpose of coming to Jeffrey Epstein's house to be sexually molested? A Fifth. See McCawley Decl. at Exhibit 7, April 13, 2010 Dep. Tr. at p. 33-34 Q Do you know Jane Doe-102 A Fifth. See McCawley Decl. at Exhibit 7, April 13, 2010 Dep. Tr. at p. 47-48 5 EFTA00617955 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 6 of 12 Q Are you aware of Jeffrey Epstein and Ghislaine Maxwell's sexual interaction with Jane Doe-102 when she was a minor? Q This is one of many underage minor females that was trafficked basically around the globe to be sexually exploited and abused; is that correct? A Fifth. Q Was that typical of Jeffrey Epstein and Ghislaine Maxwell to sexually abuse minors on Jeffrey Epstein's airplane? A Fifth. Q And also typical of Ghislaine Maxwell and Jeffrey Epstein to prostitute or pimp out underage minors to friends? A Fifth. See McCawley Decl. at Exhibit 7, April 13, 2010 Dep. Tr. at p. 47-48 Q Ghislaine Maxwell is somebody who you know to be bi-sexual, true? A Fifth. Q You know that Ghislaine Maxwell engaged in sexual acts with underage minor females, true? A Fifth. See McCawley Decl. at Exhibit 7, April 13, 2010 Dep. Tr. at p. 58-59 Q. Did Ghislaine Maxwell introduce you to Jeffrey Epstein for the first time? THE WITNESS: On the instruction of my lawyer, I must invoke my Fifth Amendment right. See McCawley Decl. at Exhibit 8, March 24, 2010 Dep. Tr. p.21 d Q. All right. All right. Ms. would you agree with me that there was an agreement between Jeffrey Epstein, Ghislaine Maxwell, Jean-Luc Brunel, yourself and to bring in girls from out of state that were underage? THE WITNESS: On the instruction of my lawyer, I must invoke my Fifth Amendment right. See McCawley Decl. at Exhibit 8, March 24, 2010 Dep. Tr. p. 38 6 EFTA00617956 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 7 of 12 Q. Would you agree with me that Ghislaine Maxwell provides underage girls to Mr. Epstein for sex? THE WITNESS: Upon the instruction of my lawyer, I must invoke my Fifth Amendment privilege. See McCawley Decl. at Exhibit 8, March 24, 2010 Dep. Tr. p. 100 . Both and are key witnesses in this action because they were present with Mr. Epstein and Maxwell during the time period when was with Epstein and Maxwell. ARGUMENT A. The Court Should Permit Alternative Service In the unique circumstances of this case, this Court should grant Ms. leave to serve Jeffrey Epstein, and via means other than personal service, because they are evading service of process and there are other means to assure actual notice. Under Rule 45(b)(1) of the Federal Rules of Civil Procedure, "[s]erving a subpoena requires delivering a copy to the named person ...." The purpose of "requiring delivery to a named person is to `ensure receipt, so that notice will be provided to the recipient, and enforcement of the subpoena will be consistent with the requirements of due process!" Aristocrat Leisure Ltd. v. Deutsche Bank Trust Co. Americas, 262 F.R.D. 293, 304 (S.D.N.Y. 2009) (quoting Med. Diagnostic Imaging, PLLC v. CareCore Nat., LLC, Nos. 06 Civ. 7764 & 06 Civ. 13516, 2008 WL 3833238, at *2 (S.D.N.Y. Aug.15, 2008) (internal quotation marks omitted)). See also First City, Texas-Houston, N.A. v. Rafidain Bank, 197 F.R.D. 250, 255 (S.D.N.Y.2000) (finding that attaching a subpoena to the door, and mailing another copy to counsel of record was sufficient). Cases not only from this Court, but also from others in the Second Circuit, have interpreted that rule "liberally" to allow service so long as the "the type of 7 EFTA00617957 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 8 of 12 service used `was calculated to provide timely actual notice.'" Aristocrat Leisure Ltd., 262 F.R.D. at 304 (quoting CareCore, 2008 WL 3833238, at *2 (noting that "nothing in the word 'delivering' [in Rule 45(b)(1)] indicates personal service, and a personal service requirement can be unduly restrictive"); see also Cordius Trust v. Kummetfeld, No. 99 Civ. 3200, 2000 WL 10268, at *2 (S.D.N.Y. Jan. 3, 2000) (holding that because "alternative service by means of certified mail reasonably insures actual receipt of the subpoena by the witness, the `delivery' requirement of Rule 45 will be met"); JPMorgan Chase Bank, N.A. v. IDW Grp., LLC, No. 08 CIV. 9116(PGG), 2009 WL 1313259, at *2 (S.D.N.Y. May 11, 2009) ("this Court joins other courts in this District in holding that effective service [of a deposition subpoena] under Rule 45 is not limited to personal service" (internal quotation omitted). A prerequisite for using means other than personal service is typically that the party "requesting the accommodation diligently attempted to effectuate personal service." OceanFirst Bank v. Hartford Fire Ins. Co., 794 F. Supp. 2d 752, 754 (E.D. Mich. 2011) (citing Franklin v. State Farm Afire and Casualty Co., 2009 WL 3152993, at *2 (E.D. Mich. 2009). Here, Ms. has diligently attempted to make personal service on each of the three individuals, having made multiple attempts to personal service them, including going to different locations at different times on different days, and attempting to reach them through their attorneys. See McCawley Decl. at Exhibit 4, Affidavit of Douglas G. Mercer, Chief Investigator Alpha Group. Indeed, it appears that the only reason that personal service has been unsuccessful thus far is that the important witnesses Ms. is attempting to serve are fully aware of her efforts and are attempting to evade service. This Court will recall that efforts to evade service are a familiar practice of Jeffrey Epstein and his colleagues. As described in earlier pleadings in this case, for example, the Defendant herself refused to comply with a deposition subpoena in an earlier case 8 EFTA00617958 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 9 of 12 brought by one of Jeffrey Epstein's sexual assault victims. See Decl. of Sigrid McCawley at Composite Exhibit 9, Maxwell Deposition Notice; Subpoena and Cancellation Payment Notice, and January 13, 2015 Daily Mail Article. Ms. proposes that she be permitted to serve her deposition notices by means other than personal service. Ms. asks this Court to rule that she be permitted to serve each of the three individuals in ways that are reasonably calculated to give them actual notice. The specific means that Ms. proposes are the means that her investigators took on May 18th of posting the subpoenas to the addresses associated with each of the witnesses and mailing the subpoenas to those addresses with the witness fee check and providing copies of the subpoenas via e-mail to the witnesses known counsel. See McCawley Decl. at Exhibit 4, Affidavit of Douglas G. Mercer, Chief Investigator Alpha Group. Means such as those described above have been approved by this Court in other cases. For example, in Medical Diagnostic Imaging, PLLC v. Carecore National, LLC, 2008 WL 3833238 (S.D.N.Y. 2008) (Katz, J.), this Court allowed service of a deposition subpoena to be made through mailing a copy of the subpoena to the witness' place of employment along with a copy of the Court's order directing the witness to comply with the subpoena or face sanctions. Id. at *3. Similarly, in ../PMorgan Chase Bank, N.A. v. IDW Grp., LLC, No. 08 CIV. 9116(PGG), 2009 WL 1313259, at *3 (S.D.N.Y. May 11, 2009), this Court allowed service of a deposition subpoena to be made by sending a copy of the deposition subpoena to the witness' place of business and residence by certified mail; leaving a copy of the deposition subpoena at the witness' residence and place of business with a person of suitable age and discretion; and remitting a copy of the deposition subpoena by electronic mail and certified mail to counsel for a related corporation. And, in at least two cases, this Court has found that certified mailing of a 9 EFTA00617959 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 10 of 12 subpoena to the witness alone satisfies Rule 45. See Cordius Trust v.. Kummetfeld, 1999 U.S. Dist. Lexis 19980, *5-*6 (S.D.N.Y.1999); Ultradent Products, Inc. v. Hayman, No. M8-85 RPP, 2002 WL 31119425, at *3 (S.D.N.Y. Sept. 24, 2002). Here, the means of service exceed those approved in those other cases and should be permitted. CONCLUSION Ms. should be granted leave to serve Jeffrey Epstein, and with deposition subpoenas by means other than personal service. As Ms. has made multiple attempts at personal service, Ms. should be granted leave to serve deposition subpoenas by the means employed by her investigators of posting the subpoenas to the known locations and also sending the subpoenas via U.S. mail. Dated: May 25, 2016 Respectfully Submitted, BOLES, SCHILLER & FLEXNER LLP By: /s/ Sigrid McCawley Sigrid McCawley (Pro Hac Vice) Meredith Schultz (Pro Hac Vice) Boies Schiller & Flexner LLP 401 E. Las Olas Blvd., Suite 1200 Ft. Lauderdale, FL 33301 David Boies Boies Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 Bradley J. Edwards (Pro Hac Vice) FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 10 EFTA00617960 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 11 of 12 Paul G. Cassell (Pro Hac Vice) S.J. Quinney College of Law University of Utah 383 University St. Salt Lake City, UT 84112 d 2 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. 11 EFTA00617961 Case 1:15-cv-07433-RWS Document 160 Filed 05/25/16 Page 12 of 12 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 25th day of May, 2016, I electronically filed the foregoing document with the Clerk of Court by using the CM/ECF system. Laura A. Menninger, Esq. Jeffrey Pagliuca, Esq. HADDON, MORGAN & FOREMAN, P.C. 150 East 10th Avenue Denver, Colorado 80203 Tel: Fax: Email: Copies of this filing were also provided by e-mail to: Marty Weinberg, counsel for Jeffrey E stein Bruce Reinhart counsel for /s/ Sigrid S. McCawley Sigrid S. McCawley 12 EFTA00617962