EFTA00723160.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA028051XXXXMB AB Plaintiff, V. JEFFREY EPSTEIN, Defendant. DEFENDANT. JEFFREY EPSTEIN'S. MOTION TO CLARIFY RECORD Defendant, JEFFREY EPSTEIN ("Mr. Epstein"), by and through his undersigned counsel moves this court for clarification of the record regarding representations made by Plaintiffs counsel, William Berger, Esq., at the September 23, 2009 hearing on Plaintiffs Motion for Protective Order, and as grounds therefore, would state: 1. Plaintiffs counsel was seeking a protective order precluding Mr. Epstein from attending the deposition of ■. 2. At the hearing, the undersigned counsel for Mr. Epstein and Jack Goldberger, the criminal defense attorney who was in attendance at the plea and sentencing on June 30, 2008, represented to the Court that Judge Pucillo's no contact order dealt specifically with three victims who were identified in the state proceedings, in that the "list" of purported victims under the Non-Prosecution Agreement was not provided to Judge Pucillo on June 30, 2008 and in fact was not provided to Mr. Epstein's counsel until after the June 30, 2008 court hearing. 3. Mr. Berger who was not present at the plea or sentencing, and was reading only EFTA00723160 the bare transcript stated "the representation concerning Judge Pucillo's ruling is completely false." See transcript, page 13, Exhibit "A" attached hereto. Mr. Berger s comments were inaccurate. While Judge Pucillo did havethe Non-Prosecution Agreement; she never had the "list." 4, Attached hereto is the affidavit of Jack Goldberger who as referenced above, was at the Judge Pucillo hearing, and was the first attorney on behalf of Mr. Epstein to receive a copy of the "list" Which was referenced in the Non-Prosecution Agreement. See Exhibit "B" hereto. 5. When the "list" was in fact provided to Mr. Goldberger,. specifically was not on the list. See affidavit of Jack Goldberger. 6. Any suggestion, either directly or by implication, that ■. (a. is ■.) was on the list Is debunked by the declaration of Asst. U.S. Attorney, Marie Villafana, dated July 9, 2008 in pertinent part (pages 1 , 4, 6 and 7) attached as Exhibit "C" hereto Exhibit C, par. 12 specifically states: 12. On today's date, your Affiant provided the attached victim notifications to ■. and via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to ■. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light of ■.'s prior statements to law enforcement, your Affiant could not in good faith include ■. as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel. In the plea conference, June 30, 2008, there are reference to several victims at EFTA00723161 page 20. However, that reference, is completely unrelated to the Non-Prosecution Agreement or the "list" referenced in the NPA. At no time during the course of the plea colloquy or the sentencing, is there ever a discussion of the "list" which was not available to Judge Pucillo, and therefore she was not in a position to nor did she intend to issue an order relating to a group of unknown people on a "list" which existed solely with the USAO's office until some time in early July of 2008. WHEREFORE, Defendant Jeffrey Epstein moves this court for clarifying the record, and the erroneous and/or misleading statements made by Plaintiffs counsel. Certificate of Service I HEREBY CERTIFY that a true c2py of the foregoing was sent by fax and U.S. Mail to the following addressees on thiseby of November, 2009: Brad Edwards, Esq. Jack Alan Goldberger, Esq. Rothstein, Rosenfeldt, Adler Atterbury, Goldberger, & Weiss, P.A. 401 East Las Olas Boulevard 250 Australian Avenue South, Suite 1400 Suite 1650 West Palm Beach, FL 33401-5012 Fort Lauderdale, FL 33301 Fax: 561-835-8691 Co-Counsel for Defendant Jeffrey Epstein Counsel for Plaintiff Jay Howell, Esq. Jay Howell & Associates, P.A. 644 Cesery Boulevard Suite 250 Co-counsel for Plaintiff EFTA00723162 BURMAN, CRITTON, LUTTIER & COLEMAN, LLP 303 Banyan Boulevard, Suite 400 FL 33401 ISIMI (561) 253-0164 Fax By: Robert Dr. Critt n, Jr. Florida Bar No.. 224162 Michael J. Pike Florida Bar No. 617296 (Counsel for Defendant Jeffrey Epstein) EFTA00723163  Condensed Transcript IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Plaintiff, VS. CASE NO. 502008CA028051XXXXMBADD JEFFREY EPSTEIN, Defendant. PROCEEDINGS BEFORE THE HONORABLE DONALD HAFELE September 23, 2009 8:50 am. 205 North Dixie Highway Suite 11-B West Palm Beach, Florida 33401 COLLEEN M. GRUFF-BROWN, RPR EXHIBIT NO A Toll Free: 866.709.8717 Facsimile: 561.394.2621 Suite 600 4440 PGA Boulevard ESQUIREon Melanie( GAII•Capsar Palm Beach Gardens, FL 33410 EFTA00723164 Hearing September 23, 2009 1 3 IN OM CIIKOIT 000RT OS INS incense 1 Proceedings in die Matter of.. v. Epstein JUDICIAL CIRCUIT IN AM tOt Ma LOAM COWRY. MAR 2 Wednesday. September 23, 2009 3 C.M.. PlaintIft, • THE COURT: M. and Epstein. vo. ass M. 50200.10.028•11060Ware 5 MR. CRITT0N: You get a good clear hearing now, no WTI= INVIININ. aeteselaist. 6 problems wan the lawyers. ,....••••••••••••• MMMMM •••• MMMMMMMM••• 7 MR. BERGER: Vow Honor, good morning. S Willem J. Berger for the Plaintiff,. and POCCIII913056 strain Tint leasibleASLa DONALD name 9 we're hero on our client's motion for protective order. 10 Your Honor. there's procedural background that I'd Issdnestily, S•ptestsr fl. 100. 11 rather hope that we can avoid which is why everytlYng 12 is sort of rush, rush, rush, as well as with the 201 Sorel DIXIal414tosay Sok* 11.1 13 Sings. west Wan Soma, Marl& 15461 14 THE COURT: Yeah. I knew this was tiled, 15 yesterday I knew you were going to rile something, but 16 I haven't had a chance to look at it. 17 MR. BERGER: I'm also going to ask the Court's is indulgence for a request that I have. 19 The basis of our notion for protective order is to 20 keep, the goal 1610 keep Mr. Epstein physically not 21 present at the deposition of our client. 22 The basis for the motion we two orders, one that 23 was entered by the sentencing judge Medi al the time 24 was Judge Puente,, ft's now in front of Judge Colbath 25 on Mr. Epstein's. the sex crimes he was convicted of 2 4 APPEARANCES OF COUNSEL 1 that contained a no contact order which we've quoted in On Wall ol Me Myrna: 2 Our m0B011. Ft0THanfe•ROSENFELOT &SOLER 3 They disagree with the interpretation of it as far • BERGER, YALLUJA J. FSO. • as whether he can be physically present as opposed to 225 NE Mawr Boodavani Suit 676 5 having verbal or any Indirect communication. Ekon Rolm, Finite 4 (561)322.7730 6 We think no contact means you stay away, you're 7 not physically present. 8 The second order that we base our motion on is LEOPOLD OUVOS, P.A. 9 SPENCER T. IRIS, EGO. 9 Judge Marra, the Federal Judge who has the Federal 2925 PGA Sot!~ 10 civil litigation similar to yours under a Federal 10 Sun) 200 Pate Bond) Gaoann, Ronda 33410 11 statute in which he entered a written no contact order, It (561)615.1400 12 and we have competing Interpretations on whether that 12 al (Salt sktnin 13 means the gentleman can or cannot be physically present 14 14 at the deposition. On bona of the Defoodant IS 15 Your Honor, stepping back, and it took me a while BURMAN CarrTON LUTTIER a COLEMAN II ROBERT D. CROTON, JR., ESO. 16 to reeve on this, if you were asked and you were, and 303 Banyan Botivoind 17 SuNe400 17 you have jurisdiction to interpret both orders, there's Woe Pain Bodo". Florid. 33401 18 no question about it, but I think the prudent course of 15 ($51) 042.2020 19 conduct, and it's not in my papers, but I told 1* 20 MS' 20 Mr. triton a couple minutes ago that I was asking for ATTERINJRY GOLDBERGER. N. M. 21. this, I'm requesting the Court to defer to allow us to 21 JACK A, 004DBEROER. 890 20)Seum AUSbiaen Avenue 22 go In front of the sentencing judge, Judge Cotalh. and If Soalo 1460 Web Palm Beach. Ronda 33401 23 our clients have standing es victims under the Florida 21 (561) 6594300 (651) MI5 lass 24 conStitution, to ask him for an interpretation of 24 19015:4Igtra 25 whether the no contact order, if its no contact of, 25 Toll Free: 866.709.8777 Facsimile: 561.394.2621 Suite 600 ESQUIRE vw4to 0.II*Comotst 4440 PGA Boulevard Palm Beach Gardens, FL 33410 EFTA00723165 Fearing September 23, 2009 9 11 1 MR. CRITTON: Absolutely. 1 there's a very high standard. I gave the Court a case 2 MR. BERGER: We object to the Court, s 2 called FerrignO, F-e-r-r-i-g-n-0, it's at 495 So.2nd 3 consideration of that strenuously. 3 886 and it basically says, the Court in that instance 4 THE COURT: Well. again. I'm just asking for 4 said look, I'm not going to exclude party witnesses s anecdotal information because the name, there's no 5 from the deposition because they may. they may be able ; names here so I'm not suggesting that -- 6 to work off of each other to get their stories 7 MR. BERGER: Mr. Epstein paid for her attorney to 7 straight. 8 se at that interview. 8 The 2nd District in that case basically said 9 THE COURT: Again, I donl really want to be 9 there's only one case out there that deals with to interrupted, Mr. Berger, respectfully. 10 paparazzi and it involves the Onassis family, every 11 I just want to make sure I'm understanding who the 11 other case in Florida and every, and the rule is very 12 parties are and not so much trying to make a 12 clear that the party, you cant exclude someone as a 13 determination as to whether or not there's any truth or 13 means for one petty to obtain an advantage over the 14 falsity or any intimidation relative to that statement. 14 other so there's no case law that supports the 15 is just a matter, as I said, to try to align the 15 extraordinary remedy and the extraordinary burden that 16 parties in a way that I can somehow make some type of 16 they have under the circumstances. 17 sense et the matter so rd ask you not to interpret 17 Judge Marra's order deals with communications, 18 again, please. 18 Mr. Epstein would be sitting in the room, he'd be 19 MR. CARTON: Only onU., she's the one who gave 19 sitting a distance from the Plaintiff in this instance. zo the FBI statement. 20 it in fact something dd. Inappropriate did occur 21 I read your transcript from the hearing of May 21 during the deem/lion such as it happens very 22 22nd of '09 the year, you specifically said when you 22 occasionally in depositions. Judge. Mr. Edwards or 23 were making a ruling in that case, I'm looking at the 23 Mr. Berger can say we're terminating the deposition and 24 statement from the FBI where she says Mr. Epstein's a 24 it is a video deposition. 25 good guy, he's an awesome guy, there's never been a 25 And finally, this happens in domestic cases all 10 12 1 problem, everything I did was consensual. 1 the time, there's allegations of physical abuse and 2 Now she's taking a very different position so 2 verbal abuse and those depositions proceed without. 3 she's either perjured herself in interrogatories or 3 almost universary without incident Including those 4 she's perjured herself to the FBI and even the United 4 where an injunction against domestic violence has been 5 States Attorney lawyers, but she basically said, again. s issued that said you can't get near anyone. 6 there's no affidavit from her that she says I'm going 6 I would respectfully suggest that with a complete 7 to Do intimidated or harassed. 7 lack of evidence under the circumstances, that a And the Court will recall from last week that 8 Mr. Epstein be stowed to attend. And Judge Pucillo's 9 Mr. Kevin, we had come in front of the Court on a 9 order, and I have Mr. Goldberger here, dealt with three 10 question that was asked about the shape of 10 victims -. t.2. Mr. Epstein's penis. rve had Mr. Edwards ask at a 11 THE COURT: You need to wrap W. please. :2 deposition how do you feel about when you had a linger 12 MR. CARTON: it dealt specifically with three 3 inside such and such at the tine. 13 victims. I don't understand criminal law, but she said :4 Again, we terminated that deposition, thats an 14 the victim, so if Mr. Goldberger could have 10 seconds :5 issue that's going to he in front of you and the Court 15 ho could explain that because I don't understand it, I 16 said at that time I can't tell you how to do your 16 understand it -- 3.7 discovery, I can't tell you what questions to ask, but 17 THE COURT: Ten seconds. re I'll put it into the perimeters. 1a MR. GOLDBERGER: Thank you, Judge. 19 So there's no affidavit from an expert which is 19 Just very briefly, the criminal case came out of 10 the pending motion In front of Judge Marra in court 20 an Indictment In which three witnesses testified in 't where they Med actually an affidavit on behalf of an 21 front of the grand jury. 22 expert that the person said I feel I may be intimidated 22 The victims in the criminal case are three .23 or embarrassed or whatever her circumstances were. 21 specific women. I will proffer to the Court that 74 So there's nothing to the contrary. The FBI 24 Mr. Berger's client was not one of those three women so 25 statement stands, there's a strong standard that. 25 the no contact order that Judge Puoito entered in the Toll Free: 866.709.8777 Facsimile: 561.394.2621 0 Suite 600 ESQUIRE in Altrailts Calle Wane, 4440 PGA Boulevard Palm Beach Gardens FL 33410 EFTA00723166 Hearing September 23, 2009 1.7 1. demonstration that one or, one or more of the alleged 2 victims, and I should use the word Plaintiff In this 3 case and sorry for the utilization of alleged victim 4 and alleged perpetrator, probably not the best way to 5 go about this, Plaintiffs and Defendant would be the 6 best way to approach It, but unless there is a 7 demonstrable and evident reason to depart from the 8 Court's ruing In this regard, then my toting will stand 9 for as of the Plaintiffs who are sought to be deposed. 10 Gentlemen, again. thank you. I do have to move 11 on. 12 MR. CRITTON: Thank you for your help, Judge. 13 THE COURT: And I'll give you back your materials. 14 And thank you. IS MR. CRITTON: I appreciate you seeing us today. 16 (Whereupon, the hearing was concluded at 9:10 17 a.m.) is 19 20 21 22 23 24 25 18 CERTIFICATE a 3 STATE OF FLORIDA ) 4 COUNTY OF PALM BEACH ) 7 8 I, COLLEEN M. GRUFF-BROWN, RPR, certify that I was 9 authorized to and did stenographIcalty report the foregoing 10 proceedings and that the transcript Is a true and complete 12 record of my stenographic notes. 12 13 14 Dated the 9th day of October. 2009. 15 16 17 liff 19 Colleen M. Gruff-Brown, RPR 20 21. 22 21 24 25 Toll Free: 866,709.8777 Facsimile: 561.394.2621 Suite 600 E a. meso nett0,46.CtIony 4440 PGA Boulevard PalnillifiyaciFL 33410 EFTA00723167  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA028051XXXXMB AB Plaintiff, v. JEFFREY EPSTEIN, Defendant. AFFIDAVIT OF JACK A. GOLDBERGER ESQUIRE STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared having personal knowledge and being duly sworn, deposes and says: 1 . I, Jack A. Goldberger, have personal knowledge of the matters set forth herein. I am an attorney licensed to practice in the State of Florida since 1978. I am a partner with the law firm of Atterbury Goldberger & Weiss, P.A., located at One Clearlake Centre, Suite 1400, 250 Australian Avenue South, West Palm Beach, FL 33401. 2. My practice includes and specializes in the defense of criminal matters. I am board certified in criminal law. I have been and currently am the criminal defense attorney for JEFFREY EPSTEIN. 3. I was the attorney of record for Mr. EPSTEIN at the plea colloquy and sentencing that occurred on June 30, 2008. 4. I reviewed the transcript from the plea colloquy and sentencing which was attached toM.'s Motion for Protective Order. I am well familiar with the transcript in that EXHIBIT -5 EFTA00723168 I was present. 5. While the Non-Prosecution Agreement ("NPA")was discussed at that proceeding, at no time was the "list" referenced within the NPA presented to the Judge or to anyone else. As of June 30, 2008, I had not been provided a copy of the "list". 6. The first time I was provided a copy of the "list" referenced in the NPA was sometime after the June 30, 2008 hearing before Judge Pucillo. 7. The representation or suggestion made by Mr. Berger at the hearing on September 23, 2009 that the individuals on the USAO"s "list" were incorporated into Judge Pucillo's ruling, is misleading and incorrect. 8. I am well familiar with the "list" and M. is not listed as a "victim" on that "list". FURTHER THE AFFIANT SAYETH NAUGHT. J k A. Goldberger, Esq. STATE OF FLORIDA COUNTY OF PALM BEACH I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Jack A. Goldberger, Esquire, known to me to be the person described in and who executed the foregoing Affidavit, who acknowledged before me that he executed the ame, that I relied upon the following form of identification of the above named person: Clittiona It) Kim, / and that an oath was/was not taken. WITNESS my hand and official seal in the County and State last aforesaid this r day of November, 2009. de./Thalti IN _r NAME $h-nit 1-• VARlionct NOTARY PUBLIC/STATE OF FLORIDA COMMISSION NO. MY COMMISSION EXPIRES: EFTA00723169 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson IN RE: JANE DOE, Petitioner. DECLARATION OF A. MARIE VILLAFARA IN SUPPORT OF UNITED STATES' RESPONSE 1Q/LCIM'jjiMERGENCirEIMDAEQREIEWICEMEMT QF CRIME VICTIM RIGHTS ACT, 18 U.S.C. § 3771 I. 1, A. Marie Villafatia, do hereby declare that I am a member in good standing of the Bar of the State of Florida. 1 graduated from the University of California at Berkeley F. School of Law (Boalt Hall) in 1993. After serving as a judicial clerk to the lion. /)avid Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein. - ORBIT Na a—"4"0"^swom--4:itranItecctsta EFTA00723170 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 4 of 21 %kr' %est 7. Although individual victims were not consulted regarding the agreement, several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007, ■. was openly hostile to the prosecution of Epstein. The FBI attempted to interview ■ in October 2007, at which time she refused to provide any information regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. -4- EFTA00723171 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 "%,i 11. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epstein's counsel had given us. Although all known victims were not notified, your Affiant specifically called attorney Edwards to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney Edwards notified me that he represented■., and 1 assumed that he would pass on the notice to her, as well. Attorney Edwards informed your Affiant that he could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney Edwards' clients was present. 12. On today's date, your Affiant provided the attached victim notifications to and via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to ■. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light ofM's prior statements to law enforcement, your Affiant could not in good faith include ■. as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel. 13. Furthermore, with respect to the Certification ofEmergency, Attorney Edwards did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Affiant had -6- EFTA00723172 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 7 of 21 Noe already received the Certification ofEmergency and Emergency Petition, I received a letter from Attorney Edwards that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition. 14. 1 declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct to the best ofmy knowledge and belief. Executed this day of July, 2008. A. Mane afaila, sq. -7- EFTA00723173