gov.uscourts.nysd.447706.1256.13.pdf

Case 1:15-cv-07433-LAP Document 1256-13 Filed 05/03/22 Page 1 of 6 EXHIBIT A  Case 1:15-cv-07433-LAP Document 1256-13 Filed 05/03/22 Page 2 of 6 Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - x VIRGINIA L. GIUFFRE, Plaintiff, Case No.: -against- 15-cv-07433-RWS GHISLAINE MAXWELL, Defendant. - - - - - - - - - - - - - - - - - - - - x **CONFIDENTIAL** Videotaped deposition of RINALDO RIZZO, taken pursuant to subpoena, was held at the law offices of Boies Schiller & Flexner, 333 Main Street, Armonk, New York, commencing June 10, 2016, 10:06 a.m., on the above date, before Leslie Fagin, a Court Reporter and Notary Public in the State of New York. - - - MAGNA LEGAL SERVICES 1200 Avenue of the Americas New York, New York 10026 (866) 624-6221 Case 1:15-cv-07433-LAP Document 1256-13 Filed 05/03/22 Page 3 of 6  Case 1:15-cv-07433-LAP Document 1256-13 Filed 05/03/22 Page 4 of 6 Page 126 Page 128 1 R. Rizzo - Confidential 1 R. Rizzo - Confidential 2 fired abruptly at this point, right? 2 Q. The lawsuit with the Dubins 3 A. Correct. 3 referenced in Exhibit 3 was settled, I take 4 Q. You went and retained counsel to 4 it? 5 sue the Dubins, their entity and , 5 A. Correct. 6 all of them, right? 6 Q. That was pursuant to a confidential 7 A. Correct. 7 settlement agreement? 8 Q. I take it you were deposed in 8 A. Correct. 9 connection with that litigation, correct? 9 Q. And I am assuming that you received 10 A. Correct. 10 a sum of money to settle that litigation, is 11 Q. Now, during that litigation, that 11 that correct? 12 litigation meaning the reference in Exhibit 12 A. Correct. 13 3, 13-cv-8864, did you ever tell anyone about 13 Q. And I'm not going to ask you the 14 the interactions with Mr. Epstein that you 14 details about that, but in case I need to do 15 described here today? 15 something, let me put it this way. If I 16 A. No, I did not. 16 choose to subpoena that settlement agreement 17 Q. That was not a part of your 17 from the Dubins, are you going to have any 18 lawsuit, correct? 18 objection to that, or is it all right if we 19 A. Could you restate the question? I 19 do that as far as you are concerned? 20 don't understand what -- 20 A. I would have to discuss it with my 21 Q. You didn't raise that as an issue 21 lawyer. 22 as to why you were suing the Dubins in 2013, 22 MR. PAGLIUCA: I can talk to you 23 right? 23 about that, if we decide to do it. 24 A. No, I did not. 24 Q. I just want to turn now, and this 25 THE VIDEOGRAPHER: The time is 25 is the last series of questions I have, what Page 127 Page 129 1 R. Rizzo - Confidential 1 R. Rizzo - Confidential 2 12:41. We are going off the record. 2 you did in advance of coming here today. 3 (Recess.) 3 Have you talked to Mr. Edwards 4 THE VIDEOGRAPHER: The time is 4 before? 5 12:47 p.m. We are back on the record. 5 A. Yes. 6 This begins DVD No. 3. 6 Q. And when have you talked to Mr. 7 BY MR. PAGLIUCA: 7 Edwards? 8 Q. I just have a few more questions. 8 A. I don't recall the exact date and 9 I'm going to finish off with your employment. 9 time. 10 So after this lawsuit was 10 Q. Did Mr. Edwards call you or did you 11 concluded, referenced in Exhibit 3, have you 11 call Mr. Edwards first? 12 worked since then? 12 A. I called him. 13 A. No, I have not. 13 Q. When did you call Mr. Edwards? 14 Q. Has your wife worked since then? 14 A. I don't recall the exact date and 15 A. On and off, yes. 15 time. 16 Q. How is it that you are currently 16 Q. Years ago, days ago, months ago? 17 supporting yourself? 17 A. It's been at least over a year. 18 A. I'm on disability. 18 Q. Why did you call Mr. Edwards? 19 Q. That's as a result of your back 19 A. At the time I was having a very 20 injury? 20 hard time with my attorney. My wife and I 21 A. Yes, and my hip injury. 21 had discussed the issue. As my wife put it, 22 Q. I didn't realize you had a hip 22 we needed an attorney with balls and she had 23 injury, I'm sorry. Is that Social Security 23 been keeping track of the Jeffrey Epstein 24 disability? 24 issue, and basically in our conversation -- 25 A. Yes, it is. 25 MR. LEWIS: Let me stop you there. 33 (Pages 126 to 129)  Case 1:15-cv-07433-LAP Document 1256-13 Filed 05/03/22 Page 5 of 6 Page 130 Page 132 1 R. Rizzo - Confidential 1 R. Rizzo - Confidential 2 There is a privilege of spousal 2 on attorney/client privilege grounds. 3 privilege, so please don't disclose 3 The conversation is privileged for the 4 conversations you had with your wife. 4 purpose of seeking legal advice. 5 THE WITNESS: Sorry. 5 MR. PAGLIUCA: I don't understand. 6 MR. LEWIS: You can answer the 6 Mr. Edwards is the lawyer for the 7 question why you called, but you don't 7 witness. 8 need to disclose anything about 8 MR. LEWIS: I am the lawyer for the 9 conversations with your wife. 9 witness. 10 A. I was looking for an attorney that 10 MR. PAGLIUCA: I know, I'm not 11 basically could handle this kind of 11 asking about you. 12 situation, and I felt like, from what I had 12 MR. LEWIS: He called Mr. Edwards 13 read, that Mr. Edwards was probably someone I 13 for the purpose to determine whether Mr. 14 needed to attain, if I could. 14 Edwards could represent him in some 15 Q. And so the, you referenced 15 capacity in that other lawsuit, so the 16 dissatisfaction with an attorney. I'm 16 conversations is privileged. 17 assuming that was the attorney that filed 17 MR. PAGLIUCA: I'm going to 18 this 13-cv-8664 action, is that correct? 18 disagree, and you know we may need to 19 A. Correct. 19 revisit that issue respectfully. 20 Q. So you weren't happy with that 20 MR. LEWIS: Fair enough. 21 lawyer and you were looking for a more 21 MR. PAGLIUCA: Let me put some 22 aggressive lawyer? 22 parameters on this that don't ask for 23 A. Correct, or someone that could work 23 communications. 24 with my lawyer. 24 MR. LEWIS: Ask a question and I 25 Q. The point being you were looking to 25 will object or not. Page 131 Page 133 1 R. Rizzo - Confidential 1 R. Rizzo - Confidential 2 recover some form of compensation, I take it, 2 Q. I think you said you called Mr. 3 from the Dubins or Mr. Epstein? 3 Edwards about a year ago? 4 A. I was hoping -- how does Mr. 4 A. More or less, correct. 5 Epstein -- 5 Q. I didn't print out the docket 6 Q. I don't know. I'm asking the 6 sheet, but do you recall when you settled the 7 question. 7 13-cv-8664 case? 8 A. That's incorrect. 8 A. To the best of my recollection, I 9 Q. You were seeking to get 9 think it was in December. 10 compensation from the Dubins, though? 10 Q. Of? 11 A. Correct. 11 A. I don't recall. I mean, it's last 12 Q. And that was the point of you 12 year. 13 calling Mr. Edwards is that, however you 13 Q. Without telling me what you told 14 learned it, you learned about the Epstein 14 Mr. Edwards, what was the purpose of your 15 litigation and you knew Mr. Edwards was 15 calling -- I think you already told me this, 16 involved in the Epstein litigation? 16 so I won't reask it. Never mind. 17 A. Correct. 17 Did you just speak with Mr. Edwards 18 Q. The point of you contacting Mr. 18 over the phone? 19 Edwards was to see if he could represent you 19 A. Correct, yes. 20 in some litigation involving the Dubins in 20 Q. And I take it Mr. Edwards did not 21 which you would collect money, is that right? 21 become your lawyer in connection with any 22 A. Correct. 22 litigation against the Dubins, correct? 23 Q. And so when you called Mr. Edwards, 23 MR. LEWIS: You may answer that. 24 what do you recall telling him? 24 A. Correct. 25 MR. LEWIS: At this point, I object 25 Q. And Mr. Edwards in some fashion 34 (Pages 130 to 133)  Case 1:15-cv-07433-LAP Document 1256-13 Filed 05/03/22 Page 6 of 6 Page 134 Page 136 1 R. Rizzo - Confidential 1 R. Rizzo - Confidential 2 indicated to you that he wasn't going to be 2 but I want to make sure. 3 your lawyer in connection with litigation, 3 After that first conversation with 4 correct? 4 Mr. Edwards, did you speak with Mr. Edwards 5 MR. LEWIS: Objection. Do not 5 again in advance of this deposition today? 6 answer that on privilege grounds. 6 MR. LEWIS: You may answer that. 7 Q. Mr. Edwards never became your 7 A. No, I have not. 8 lawyer, is that right? 8 Q. Do you know, did Mr. Edwards 9 A. Correct. 9 provide a list of questions to your lawyer, 10 Q. After that conversation, did you 10 who is here today, for you to provide those 11 have any -- after you understood that Mr. 11 answers to your lawyer to give to Mr. 12 Edwards was not your lawyer, did you have 12 Edwards? 13 further conversations with Mr. Edwards? 13 MR. LEWIS: I advise the witness to 14 A. No, I did not. 14 only answer that question to the extent 15 Q. You may object to this, but I need 15 he knows it outside of any conversations 16 to ask this question. In the first 16 that he might have had with me, which 17 conversation that you had with Mr. Edwards, 17 are privileged. 18 did you tell Mr. Edwards the things that 18 A. No. 19 you've told us here today? 19 Q. So let me explain that question, 20 MR. LEWIS: Objection. Do not 20 and here is my issue with that, and I don't 21 answer. 21 know if this happened or didn't happen, but 22 MR. PAGLIUCA: Privilege? 22 if there are questions that are given 23 MR. LEWIS: Yes. 23 proposed to you by Mr. Edwards and you give 24 MR. PAGLIUCA: So just so the 24 them to the client with the expectation he is 25 record is clear, it seems to me this 25 going to give that information to you to give Page 135 Page 137 1 R. Rizzo - Confidential 1 R. Rizzo - Confidential 2 would be a subject matter waiver of 2 to Mr. Edwards, it's not privileged. 3 everything that he has talked about. I 3 MR. LEWIS: I can represent that 4 don't know why it makes a difference if 4 didn't happen. 5 he is talking about it now and he told 5 MR. PAGLIUCA: That solves the 6 Mr. Edwards, I think he can talk about 6 problem. 7 what he said to Mr. Edwards. It seems 7 Q. I'm just closing the loop on this 8 to me there is a waiver here. 8 and then we are done. 9 MR. LEWIS: You are presuming what 9 Have you spoken to anyone who is 10 he said to Mr. Edwards. And secondly, 10 affiliated with Mr. Edwards, either another 11 just because, even if that were the 11 lawyer in his office, paralegal, an 12 case, I'm not saying it is, just because 12 investigator, about the things that you've 13 you testify to incidents which you tell 13 talked about here today? 14 your attorney about doesn't mean the 14 A. No, I have not. 15 disclosures to your attorney are not 15 MR. PAGLIUCA: That's all I have. 16 privileged. 16 MR. EDWARDS: I don't have any 17 MR. PAGLIUCA: Fair enough. We can 17 questions. I appreciate you taking the 18 argue about this later if we need to. 18 time. Sorry about your injury. 19 BY MR. PAGLIUCA: 19 THE VIDEOGRAPHER: The time is 20 Q. Other than Mr. Edwards and your 20 12:58 p.m. and we are going off the 21 wife and your current attorney, have you 21 record. 22 talked to anyone else about the things that 22 (Recess.) 23 you've talked about here today? 23 THE VIDEOGRAPHER: Back on the 24 A. No, I have not. 24 record. 25 Q. I think you answered this question, 25 MR. PAGLIUCA: The parties have 35 (Pages 134 to 137)