EFTA00158490.pdf

UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF NEW YORK 3 4 JANE DOE, Case No. 5 Plaintiff, COMPLAINT FOR DAMAGES 6 v. 7 DARREN K. INDYKE and RICHARD D. 8 KAHN, in their capacities as executors of the DEMAND FOR JURY TRIAL ESTATE OF JEFFREY E. EPSTEIN, 9 GHISLAINE MAXWELL, an individual, 10 Defendants. 11 12 Plaintiff Jane Doe ("Doe" or "Plaintiff") alleges as follows: 13 INTRODUCTION 14 I. This case arises out of years of sexual abuse and exploitation of a girl by 15 notorious pedophile and convicted sex offender Jeffrey Epstein ("Epstein"). It all started in 16 when 13-year-old Jane Doe met Epstein and Defendant Ghislaine Maxwell ("Maxwell") at a 17 summer camp in Michigan. Jane Doe was their first known victim and was subsequently abused 18 by Epstein and Maxwell for years as a girl, suffering unimaginable physical and 19 psychological trauma and distress. Despite that, Jane Doe has persevered and survived to tell her 20 story, to hold her perpetrators accountable and to seek justice for the atrocities committed against 21 her. 22 2. Throughout his life, Epstein systematically perpetrated acts of molestation. 23 exploitation, assault and rape on hundreds of girls. Epstein's system of abuse was 24 facilitated in large part by his coconspirator and accomplice, Maxwell, who helped supply him 25 with a steady stream of and vulnerable girls—many of whom were fatherless, like Jane 26 Doe, and came from struggling families. 27 28 1 COMPLAINT FOR DAMAGES 3509-007 Page 1 of 10 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006960 EFTA00158490  3. This system, which took years to develop, all started with them exploiting and 2 abusing Jane Doe who they used as a guinea pig to refine their criminal enterprise and widen their 3 network of additional sexual abuse victims. 4 THE PARTIES S 4. Plaintiff Jane Doe is a citizen of the At all times relevant to this 6 suit, Doc was a minor child living in and who was sexually abused while 7 she was a minor by Defendants in New York. 5. Defendant Ghislaine Maxwell is domiciled in the State of New York. 9 6. Defendant Darren K. Indyke is sued in his capacity as an appointed executor of the 10 Estate of Jeffrey E. Epstein. 11 7. Defendant Richard D. Kahn is sued in his capacity as an appointed executor of the 12 Estate of Jeffrey E. Epstein. 13 JURISDICTION AND VENUE 14 S. Plaintiff is domiciled in 15 9. Jeffrey Epstein was a citizen of the United States domiciled in the U.S. Virgin 16 Islands at the time of his death. As the legal representatives of the Estate of Jeffrey E Epstein, 17 Darren K. Indyke and Richard D. Kahn arc deemed citizens of the U.S. Virgin Islands. The matter 18 in controversy exceeds the sum of $75,000, and therefore jurisdiction in this Court is proper. 28 19 U.S.C. § 1332(c)(2). 20 10. Ghislaine Maxwell is domiciled in New York. 21 II. A substantial part of the events giving rise to these causes of action occurred in the 22 Southern District of New York, thus venue in this district is proper. 28 U.S.C. § 1391(b)(2). 23 JURY DEMAND 24 12. Plaintiff hereby demands a trial by jury on all of her claims in this action. 25 FACTUAL ALLEGATIONS 26 Epstein and Maxwell's Abuse of Doe 27 13. In the summer of Jane Doe met Jeffrey Epstein and Ghislaine Maxwell at 28 Interlochen Arts Camp in Michigan when she was only 13-years-old. Doe was there as a student 2 COMPLAINT FOR DAMAGES 3509-007 Page 2 of 10 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_0000696 I EFTA00158491  in the Doe was sitting alone on a bench between classes when Epstein and 2 Maxwell approached her. Epstein bragged to her about being a patron of the arts and giving 3 scholarships to talented artists like Doc. Epstein and Maxwell probed her at length about 4 her background, family situation and where she lived. As Doe got up to leave, Epstein requested 5 her mother's phone numbe, She was alarmed by his request, but also feared that 6 she could not refuse the older man's request so she complied and provided him with the phone 7 number. 8 14. Several weeks later, once Doe had returned from Michigan to Epstein 9 called Doe's home. Epstein first spoke with Doe's mother about how he mentors kids and 10 provides scholarships for the arts. He requested to speak to Doe and invited her and her mother to 11 his mansion in Palm Beach. He sent a driver across town to pick them up. 12 15. Over the course of the next several months, Epstein and Maxwell attempted to 13 groom and mentor 13-year-old Jan Doe. Epstein gave himself the name of Doe's "godfather 14 while Maxwell acted like an older sister to her. They took her to movies, went shopping with her 15 and lounged around Epstein's estate with her. Epstein and Maxwell then started to make sexual 16 references when they were with her. For instance, Maxwell told Doe that having sex with ex- 17 boyfriends was easy because once you slept with them "they've been grandfathered in and you I8 could go back andfuck them whenever you wanted." Epstein also started to slowly display his 19 pedophilic ways when shopping with Doc and Maxwell. Instead of Doe picking out clothes she 20 wanted to wear, Epstein insisted that she pick out and wcar little children's cotton underwear. 21 Also, after nearly every visit with Epstein and Maxwell, Epstein sent Doe home with two or three 22 one-hundred-dollar bills to giv 23 24 16. While these visits made Doe extremely uncomfortable, Epstein and Maxwell made 25 her feel she could not refuse them. During this time, Epstein started to pay for br 26 Doe and insisted that Doe could not advanan any way without him. When Doe 27 expressed hesitation about spending time with Epstein and Maxwell or acquiescing to their 28 desires, Epstein and Maxwell would threaten Doe, and scold her for being "ungrateful". 3 COMPLAINT FOR DAMAGES 3509-007 Page 3 of 10 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006962 EFTA00158492  17. During one of Doe's encounters with Epstein, he took her to Mar-a-Lago where he 2 introduced her to its owner, Donald J. Trump. Introducing 14-year-old Doe to Donald J. Trump, 3 Epstein elbowed Trump playfully asking him, referring to Doe, "This is a good one, right?" 4 Trump smiled and nodded in agreement. They both chuckled and Doe felt uncomfortable, but, at S the time, was too to understand why. 6 18. Towards the end of Epstein invited Doe into his pool house, where he = 7 grabbed her, put her on his lap and started masturbating. Epstein told her that was what to expect 8 from photographers who were soon going to be take modeling pictures of her. However, when 9 Doe was ultimately photographed by these professional photographers, they did no such thing. 10 19. Over the next few years, the sexual abuse escalated. On a regular basis, Epstein 11 would digitally penetrate Doe, force Doe to perform sexual acts on him and apply vibrators on 12 different parts of Doe's body. The abuse occurred at Epstein's home in Palm Beach, Florida, 13 Epstein's townhouse on 9 East 71st Street in New York City, and Epstein's ranch in New Mexico. 14 When travelling to these places, Doe often flew with Epstein and Maxwell in Epstein's private jet. 15 20. In when Doe was 16-years-old, Epstein moved Doe tr At 16 first, Epstein put Doe up in his apartment on 65th Street and 2nd Avenue. After a few months, 17 Epstein co-signed the lease for Doe and Doe's mother for an apartment. Additionally, Epstein paid 18 her tuition at as well. 19 21. Once Epstein had secured Doe in and made her and her family 20 completely dependent on him financially (including, for the roof over their heads), Epstein's abuse 21 of Doe continued to escalate. 22 22. In while at Epstein's townhouse on 9 East 71st Street in the City of New 23 York, Epstein asked 17-year-old Doe if she had a boyfriend. Doe replied that she did not. Epstein 24 responded that when she did have a boyfriend she would want the sex to be "good" and that she 25 should "get it over with already," Despite Doe's resistance, Epstein 26 then pushed Doe down onto her stomach and raped her. From that point forward for several years 27 in New York, Epstein raped Doe on multiple occasions. 28 4 COMPLAINT FOR DAMAGES 3509-007 Page ,1of 10 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006963 EFTA00158493  1 23. During Doe's time in New York, Maxwell also regularly facilitated Epstein's abuse 2 of Doe and was frequently present when it occurred. 3 24. In Doe moved tc lto start a career. Upon moving to 4 and being physically away from Epstein and Maxwell, Doe finally felt like she could escape 5 Epstein's abuse and stopped returning his frequent calls where he would threaten and berate her for 6 not appreciating him. 7 25. Despite Doe's physical escape from Epstein and Maxwell, the years of abuse and 8 exploitation perpetrated against her by them cause her immeasurable pain and suffering every day. 9 Enstein's Death and Will 10 26. In July 2019, Epstein was indicted by the Unites States Attorney's Office for the Southern District of New York. 2 27. On August 10, 2019, Epstein was found dead in his jail cell at the Metropolitan 3 Correctional Center, where he was being held pending trial. Upon information and belief, New 4 York City's medical examiner concluded Epstein died by suicide. 5 28. On August 15, 2019, Epstein's last will and testament (the "Will") was filed in the 6 Probate Division of the Superior Court of the Virgin Islands. 7 29. The Will indicated that it was executed by Epstein on August 8, 2019 at the 8 Metropolitan Correctional Center. The Will was accompanied by affidavits from Darren K. 19 Indyke and Richard D. Kahn attesting to their "Oath of Willingness to Serve as Executor and 20 Appointment of Local Counsel." Mr. Indyke and Mr. Kahn also filed a Petition for Probate and for 21 Letters Testamentary in the Superior Court of the Virgin Islands. 22 30. The Will's first article directs Epstein's executors "to pay from my estate all 23 expenses of my last illness, my funeral and burial expenses, the administration expenses of my 24 estate and all of my debts duly proven and allowed against my estate." The Will further directs 25 that "after the payments and distributions provided in Article FIRST," Epstein "give's] all of my 26 property, real and personal, wherever situated...to the then acting Trustees of The 1953 Trust." 27 28 5 COMPLAINT FOR DAMAGES 3509-007 Page 5 of 10 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006964 EFTA00158494  31. On August 26, 2019, Defendant Darren K. Indyke filed a Certificate of Trust with 2 the Superior Court for the Virgin Islands, confirming that he and Defendant Richard D. Kahn arc 3 the two Trustees of The 1953 Trust. 4 32. On September 6, 2019, Magistrate Judge Carolyn P. Hermon-Percell of the 5 Superior Court of the Virgin Islands ordered that Epstein's will be admitted to probate and 6 authorized Mr. Indyke and Mr. Kahn to administer the estate. 7 FIRST CAUSE OF ACTION 8 (Sexual Assault) 9 33. Plaintiff incorporates by reference all preceding paragraphs and re-alleges them as 10 if set forth fully herein. 11 34. On numerous occasions over several years, Epstein, with Maxwell's assistance. 12 made violent sexual demands on Plaintiff while placing his hands on her body in a position of 13 dominance and control and while touching Plaintiff in violent and invasive ways. 14 35. These demands, often made when Plaintiff was alone with Epstein or with 15 only Epstein and Maxwell, were intended to frighten Plaintiff into submitting to his sexual 16 demands and placed Plaintiff in apprehension of harm. 17 36. This conduct caused Plaintiff serious and persistent harm and contributed to 18 injuries that Plaintiff continues to suffer. 19 37. This cause of action is timely under the Child Victims Act, N.Y. C.P.L.R. § 214-g 20 (McKinney 2019), because it arises out of conduct perpetrated against Plaintiff when she was 21 under the age of 18 that constitutes a sexual offense as defined in Article One Hundred Thirty of 22 the New York Penal Law ("Article 130"). See N.Y. P.L. § 130.52; N.Y. P.L. § 130.55. 23 SECOND CAUSE OF ACTION 24 (Sexual Battery) 25 38. Plaintiff incorporates by reference all preceding paragraphs and re-alleges them as 26 if set forth fully herein. 27 39. On numerous occasions over several years, Epstein raped Doe. 28 6 COMPLAINT FOR DAMAGES 3509-007 Page 6 of 10 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006965 EFTA00158495  40. On numerous occasions over several years, Epstein digitally penetrated Doe with 2 his fingers, tongue and foreign objects. 3 41. On numerous occasions over several years, Epstein made otherwise unwanted, 4 unlawful, harmful, and offensive physical contact with Plaintiff's body. 5 42. This conduct caused Plaintiff serious and persistent harm and contributed to 6 injuries that Plaintiff continues to suffer. 7 43. This cause of action is timely under the Child Victims Act, N.Y. C.P.L.R. § 214-g 8 (McKinney 2019), because it arises out of conduct perpetrated against Plaintiff when she was 9 under the age of 18 that constitutes a sexual offense as defined in Article One Hundred Thirty of 10 the New York Penal Law ("Article 130"). See N.Y. P.L. § 130.52; N.Y. P.L. § 130.55. 11 THIRD CAUSE OF ACTION 12 (Intentional Infliction of Emotional Distress) 13 44. Plaintiff incorporates by reference a►I preceding paragraphs and re-alleges them as 14 if set forth fully herein. 15 45. Epstein and Maxwell's campaign of sexual abuse against a teenaged Plaintiff was 16 extreme and outrageous conduct that shocks the conscience. 17 46. Epstein and Maxwell's serial sexual assaults, committed during the course of a I8 methodical plan of recruitment, enticement, and attack, inflicted severe pain and anguish upon 19 Plaintiff. 20 47. Epstein and Maxwell directed this conduct at Plaintiff and knew that it would cause 21 severe and lasting emotional distress. Indeed, the conduct caused Plaintiff severe and lasting 22 emotional distress and serious injuries to her mental health. 23 48. This cause of action is timely under the Child Victims Act, N.Y. C.P.L.R. § 214-g 24 (McKinney 2019), because it arises out of conduct perpetrated against Plaintiff when she was 25 under the age of 18 that constitutes a sexual offense as defined in Article One Hundred Thirty of 26 the New York Penal Law ("Article 130"). See N.Y. P.L. § 130.52; N.Y. P.L. § 130.55. 27 FOURTH CAUSE OF ACTION 28 (Negligent Infliction of Emotional Distress) 7 COMPLAINT FOR DAMAGES 3509-007 Page 7 of 10 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006966 EFTA00158496  49. Plaintiff incorporates by reference all preceding paragraphs and re-alleges them as 2 if set forth fully herein. 3 50. Epstein and Maxwell coaxed Plaintiff, then a teenaged girl, into Epstein's home for 4 a period of several years. They worked hard to groom her. Once under their supervision and 5 influence, Epstein and Maxwell proceeded methodically to sexually abuse Plaintiff. 6 51. Epstein and Maxwell's conduct was extreme and outrageous, breached a duty owed 7 directly to Plaintiff, endangered her physical safety, and caused severe and lasting emotional 8 distress and serious injuries to Plaintiff's mental health. 9 52. This cause of action is timely under the Child Victims Act, N.Y. C.P.L.R. § 214-g 10 (McKinney 2019), because it arises out of conduct perpetrated against Plaintiff when she was 11 under the age of 18 that constitutes a sexual offense as defined in Article One Hundred Thirty of 12 the New York Penal Law ("Article 130"). See N.Y. P.L. § 130.52; N.Y. P.L. § 130.55. 13 FIFTH CAUSE OF ACTION 14 (False Imprisonment) 15 53. Plaintiff incorporates by reference all preceding paragraphs and re-alleges them as 16 if set forth fully herein. 17 54. Defendants, in perpetrating the above-described non-consensual sexual assaults. I8 did, by use of threat and/or physical force, willfully and intentionally confine, detain, imprison 19 and/or restrain Plaintiff without lawful authority to do so, against her will, and without her 20 consent. 21 55. Plaintiff was aware of, and suffered the extreme effects of, the Defendants 22 unlawful confinement. 23 56. As a consequence of Defendants' false imprisonment of Plaintiff, she sustained 24 conscious pain and suffering, Plaintiffs health was impaired, Plaintiff suffered great mental 25 distress, shock, fright and humiliation, and Plaintiffs reputation and character were injured. 26 57. As a consequence of the conduct of Defendants, Plaintiff has incurred severe 27 psychological trauma and damage, has suffered great humiliation, loss of esteem, mental anguish 28 and suffering. 8 COMPLAINT FOR DAMAGES 3509-007 Page 8 of 10 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006967 EFTA00158497  58. This cause of action is timely under the Child Victims Act, N.Y. C.P.L.R. § 214-g 2 (McKinney 2019), because it arises out of conduct perpetrated against Plaintiff when she was 3 under the age of 18 that constitutes a sexual offense as defined in Article One Hundred Thirty of 4 the New York Penal Law ("Article 130"). See N.Y. P.L. § 130.52; N.Y. P.L. § 130.55. S PRAYER FOR RELIEF 6 WHEREFORE, Plaintiff Jane Doe prays for this Court to: 7 59. Issue a judgment declaring that Defendant ESTATE OF JEFFREY E. EPSTEIN by 8 and through its executors, DARREN K. INDYKE and RICHARD D. KAHN, as legal 9 representatives of the Estate of Jeffrey E. Epstein, and Defendant GHISLAINE MAXWELL arc 10 liable for the violations of law alleged in this case; 11 60. Award actual, compensatory, statutory, consequential and punitive damages; 12 61. Award pm-judgment and post judgment interest at the highest rate allowed by law; 13 and 14 62. Grant such further relief as this Court may deem just and proper. 15 Respectfully submitted, 16 17 Dated: January 16, 2020 a dmission pending) I8 admission pending) (admission pending) 19 20 21 22 23 24 25 26 27 28 9 COMPLAINT FOR DAMAGES 3509-007 Page 9 of 10 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00006968 EFTA00158498  2 3 4 S Attorneys for Plaintiff 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?g 10 COMPLAINT FOR DAMAGES 3509-007 Page 10 of 10 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFFA_00006969 EFTA00158499