EFTA00161958.pdf

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 1 of 163 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Jane Doe 1, individually ) and on behalf of all others similarly ) FIRST AMENDED CLASS situated, ) ACTION COMPLAINT ) Plaintiff, ) JURY TRIAL DEMANDED ) ) v. ) Case No.: 22-cv-10018-JSR ) Deutsche Bank ) Aktiengesellschaft, ) Deutsche Bank AG New York ) Branch, Deutsche Bank Trust ) Company Americas, ) ) Defendants. ) / FIRST AMENDED INDIVIDUAL AND CLASS ACTION COMPLAINT Plaintiff Jane Doe 1 files this first amended individual and civil class action complaint for damages and other relief under (among other provisions of law) the United States federal anti-sex-trafficking statute, 18 U.S.C. §§ 1591-95, et seq.— the Trafficking Victim Protection Act ("TVPA")—and 18 U.S.C. §§ 1961-68, et seq.—the Racketeer Influenced and Corrupt Organizations Act ("RICO"), as well as for aiding and abetting, intentional infliction of emotional distress and negligence related to the commission of chapter one hundred thirty New York sex offenses, timely under the New York Adult Survivors Act. This suit arises from Defendants Deutsche Bank Aktiengesellschaft's, Deutsche Bank AG New York Branch's, and 1 EFTA00161958  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 2 of 163 Deutsche Bank Trust Company America's (hereinafter referred to collected as "Deutsche Bank"), participating in and financially benefitting from their direct and intentional involvement in Jeffrey Epstein's sex-trafficking venture by providing the financial lifeblood and infrastructure for the venture's continued operation. Deutsche Bank knowingly benefited and received things of value for assisting, supporting, facilitating, and otherwise providing the most critical tool for the Jeffrey Epstein sex-trafficking organization to successfully rape, sexually assault, and coercively sex traffic Plaintiff and the numerous other members of the class proposed below (the "Class"). Deutsche Bank knew that Epstein was regularly committing violations of New York Penal Law Art. 130, including and especially New York Penal Law §§ 130.20 (sexual misconduct), 130.35 (rape in the first degree), 130.50 (criminal sexual acts in the first degree), 130.52 (forcible touching), 130.66 (aggravated sexual abuse in the third degree) and 130.70 (aggravated sexual abuse in the first degree). Deutsche Bank aided and abetted those crimes, as well as acted in a negligent manner to directly and proximately cause those crimes, enabling Epstein to commit such offenses against countless young women. Deutsche Bank also knew that Epstein would use means of force, threats of force, fraud, abuse of legal process, and a variety of other forms of coercion to cause young women and girls to engage in commercial sex acts. Deutsche Bank also engaged in repeated acts of racketeering activity to support the Epstein organization. 2 EFTA00161959  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 3 of 163 Knowing that they would earn millions of dollars from facilitating Epstein's sex trafficking, and from its relationship with Epstein, Deutsche Bank chose financial gain over following the law. Specifically, Deutsche Bank chose to facilitate a sex trafficking operation in order to churn profits. Jane Doe makes the following allegations on information and belief and believes that substantial additional evidentiary support will exist for the allegations set forth herein after a reasonable opportunity for discovery: I. JURISDICTION, VENUE, AND TIMELINESS 1. This action is brought pursuant to various federal and state statutes, including the TVPA, 18 U.S.C. § 1589 through § 1595. This Court has federal- question subject-matter jurisdiction pursuant to 28 U.S.C. §1331, because Jane Doe 1—individually and on behalf of the other Class Members—proceeds under the TWA. 2. This Court also has supplemental jurisdiction of the state law claims recounted below pursuant to 28 U.S.C. § 1367(a), because all claims alleged herein are part of a uniform pattern and practice and form part of the same case or controversy. 3. This Court is "an appropriate district court of the United States" in accordance with18 U.S.C. § 1595, in which to bring this action. Venue is proper in this District under 28 U.S.C. § 1391(b)(2), because Jeffrey Epstein, his co- 3 EFTA00161960  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 4 of 163 conspirators, and Deutsche Bank all conducted substantial activities in this District. Deutsche Bank knowingly aided and abetted, facilitated, and directly participated in Epstein's illegal venture through actions that originated in this District. In addition, Epstein sexually abused and trafficked Jane Doe 1, and Members of the Class is this District. 4. These acts of sexual abuse and commercial sex committed by Jeffrey Epstein and certain select friends of his often took place in Epstein's New York mansion, located within this District at 9 East 71st Street, New York City. Epstein also used his New York mansion to harbor his victims and as a base from which to transport them to other locations outside of New York. 5. A substantial part of the acts, events, and omissions giving rise to this cause of action occurred in this District. 6. This action has been timely filed pursuant to 18 U.S.C. § 1595(c)(1), which provides that a plaintiff shall have ten years after the cause of action arose to file suit against any person who knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known violated the laws against sex trafficking. This action involves a long- running conspiracy, which Deutsche Bank joined while it was on-going. Deutsche Bank ratified the earlier-committed acts of the conspiracy. This action is also timely under RICO and New York's Adult Survivors Act. 4 EFTA00161961  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 5 of 163 II. PARTIES 7. Jane Doe 1 is a United States citizen and was at all relevant times a resident of and domiciled in the State of New York. 8. Jane Doe 1 is using a pseudonym to protect her identity because of the sensitive and highly personal nature of this matter, which involves sexual assault and abuse. See Order Granting Motion for Leave to Proceed Anonymously, Dkt. 28. 9. Jane Doe 1 is also at serious risk of retaliatory harm because the co- conspirators who participated in the Epstein sex-trafficking venture had—and continue to possess-tremendous wealth and power and have demonstrated a clear ability to cause her serious harm. 10. Jane Doe l's safety, right to privacy, and security outweigh the public interest in her identification. 11. Jane Doe l's legitimate concerns outweigh any prejudice to Defendants by allowing her to proceed anonymously. 12. As discussed below, many other women, who are victims and survivors of sexual abuse and trafficking are similarly situated to Jane Doe 1 and also need to proceed anonymously for the same reasons. The identities of many of these other women are known to Defendants and in other proceedings the identities of the other Epstein victims have been protected. 13. Defendant Deutsche Bank AG is a global financial institution 5 EFTA00161962  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 6 of 163 headquartered in Frankfurt, Germany. 14. Defendant Deutsche Bank AG is licensed by the New York State Department of Financial Services to operate a foreign bank branch in the State of New York, the Deutsche Bank AG New York Branch (the "New York Branch"), and also operates a trust company, Deutsche Bank Trust Company Americas ("DBTCA"), which is likewise licensed and supervised by the Department. 15. Unless otherwise indicated, the three Defendants—Deutsche Bank AG, the New York Branch, and DBTCA—are referred to collectively as "Deutsche Bank" in this complaint. 16. Defendants Deutsche Bank AG, the New York Branch, and DBTCA all currently conduct substantial business in this District and conducted substantial business at the time of events covered in this complaint. 17. As one example of business conducted in this District, Deutsche Bank ordinarily trades shares on the New York Stock Exchange, located in this District. As another example, Deutsche Bank maintains branch banks within this District. 18. Deutsche Bank's financial activities, including the events alleged herein, were in and affecting interstate and foreign commerce. In connection with the acts alleged in this complaint, Defendants, directly or indirectly, used the means and instrumentalities of interstate commerce, including, but not limited to, the mails, interstate telephone communications, and the facilities of national securities 6 EFTA00161963  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 7 of 163 markets. 19. Deutsche Bank is responsible, under United States law and otherwise, for the acts of its officers, directors, employees, and agents, including for the acts described in this complaint. The acts alleged were committed by Deutsche Bank's officers, directors, employees, and agents within the scope of their employment and with the intention, at least in part, to benefit Deutsche Bank. 20. Numerous Deutsche Bank employees, including Paul Morris, Charles Packard and Patrick Harris, were integral in onboarding Epstein and the many Epstein-related entities to Deutsche Bank. 21. Paul Morris joined Deutsche Bank as a relationship manager in November 2012. During his tenure, he was involved in bringing Jeffrey Epstein over to Deutsche Bank from JP Morgan Chase as a client and maintaining Epstein as a client. 22. Charles Packard was co-head of Deutsche Bank's Wealth Management Americas Group when Epstein became a client. Packard was involved in approving Epstein as a Deutsche Bank client and maintaining Epstein as a client. 23. Patrick Harris was the Chief Operating Officer of Wealth Management Americas for Deutsche Bank. Harris was involved in approving and maintaining Epstein as a Deutsche Bank client. III. INTRODUCTION 7 EFTA00161964  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 8 of 163 A. Overview of the Jeffrey Epstein Sex-Trafficking Venture and Conspiracy. 24. Before Jeffrey Epstein was ever brought over to Deutsche Bank, he was well known as a registered sex offender and sex trafficker who spent his day-to-day life sexually abusing young females and constantly recruiting others. He had previously established a sex-trafficking venture and conspiracy, which was on-going at the time Deutsche Bank became his banker. That conspiracy began in 1998, if not earlier. 25. Epstein's sex-trafficking venture operated in many respects as a sex- themed cult designed to ensnare vulnerable young women and indoctrinate them into Epstein's carefully constructed world in which Epstein was their messiah and sex abuser. 26. Each victim was led to believe that Epstein was the most powerful man in the world, with the most powerful connections. Epstein and his co-conspirators preached the Gospel of Epstein. Epstein's victims were taught to do what he said and he would protect them; but disobey him, and he would punish them and cause them serious harm from which they could never recover. 27. Once in Epstein's clutches, each victim was taught and led to believe that she must be completely compliant with every wish or demand Epstein had for her; otherwise, she would certainly suffer serious reputational, financial, property, and psychological harm. By using these and other means of force, threats of force, 8 EFTA00161965  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 9 of 163 fraud, threats of abuse of the legal process, and coercion, Epstein and his co- conspirators sexually trafficked and sexually abused Plaintiff Jane Doe 1 and the other Members of the Class. 28. As is evident from this complaint and public reporting on Epstein, he was indeed an enormously powerful man, known to have close personal relationships with former U.S. Presidents, politicians, billionaires, other world leaders, and British Royalty, and to have the backing and support of powerful banking institutions which was essential to maintaining Epstein's persona as a respectable and powerful person despite the fact that he was a sex-trafficking serial abuser. 29. Epstein began his sex-trafficking venture and conspiracy in 1998 and perhaps earlier. From its inception until Jeffrey Epstein's arrest by the FBI for sex trafficking in 2019 (and his subsequent death on August 10, 2019, by apparent suicide), the venture operated with a purpose of luring young women and girls into a position where Jeffrey Epstein and his co-conspirators could coerce them to engage in commercial sex acts and commit sexual offenses against them. His venture also operated to conceal its sex trafficking from law enforcement organizations. And his venture operated with a purpose to provide financial and other benefits to those who assisted and enabled the venture. 30. The Epstein sex-trafficking venture and conspiracy was well-structured 9 EFTA00161966  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 10 of 163 from at least 1998 and grew increasingly more powerful as it victimized more young women. 31. Epstein did not, and could not, act alone. He created and maintained his sex-trafficking venture and conspiracy with the assistance of other influential individuals and entities who knew he was sexually trafficking young women and girls yet supported his sex-trafficking operation in order to obtain financial and other favors from Epstein. 32. Epstein's sex-trafficking venture and conspiracy was not possible without the assistance and knowing complicity of a financial institution— specifically, a banking institution—which provided his operation not only with the means to conduct sex trafficking but also with an appearance of legitimacy, thereby ensuring its continued operation without fear of being reported to law enforcement or being arrested. Without the financial institution's knowing participation, Epstein's sex-trafficking scheme could not have logistically operated and Epstein's appearance to the outside world, including his victims, as a powerful and protected person could not have been maintained. 33. Epstein's victims were young women and girls, who suffered severe abuse as Epstein's sex-trafficking victims and who believed they had to remain loyal to the venture at all costs in order to survive. During the times relevant to this action, Epstein victimized hundreds of young women and girls. 10 EFTA00161967  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 11of 163 34. Epstein's sex-trafficking scheme was supported by virtually unlimited wealth, although Deutsche Bank knew that Epstein's self-professed job of "money manager to billionaires" was false. 35. Epstein masterfully assessed the specific needs and vulnerability of each of his targeted victims. He then closed the trap on his victims with offers of money, food, shelter, medical care travel, schooling, and career opportunities for them or family members. Epstein groomed the young women and girls, indoctrinating them to believe that the sexual abuse was normal. 36. Epstein fraudulently represented to the victims that he would take care of them in various ways, which ultimately allowed Epstein to cause them to engage in commercial sex acts with himself (and, on occasion, others), as well as to create the opportunity for Epstein to sexually abuse them. 37. The Epstein sex-trafficking venture's and conspiracy's purpose included enticing, obtaining, harboring, and transporting the young victims for Epstein to sexually abuse without drawing unwanted attention from law enforcement. The venture had everything a sex-trafficking organization needed— funding, infrastructure, the appearance of legitimacy, and, most importantly, a complicit banking institution to ensure the illegal operation could continue to grow undetected by law enforcement. By many accounts, it was the most powerful and wealthiest sex-trafficking venture ever created. 11 EFTA00161968  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 12 of 163 38. The Epstein sex-trafficking venture knowingly used means of force, threats of force, fraud, coercion (including threats of serious harm or physical restraint), and abuse of law and the legal process, to cause Jane Doe 1 and many dozens of others similarly situated to engage in commercial sex acts. 39. The Epstein sex-trafficking venture operated in and affecting interstate and foreign commerce. Epstein recruited, solicited, coerced, harbored, transported, and enticed some of his victims, including Jane Doe 1 and others similarly situated, to engage in commercial sex acts in, among other places, New York (including the Southern District of Nev, York), Florida, the U.S. Virgin Islands, England, and France. 40. The Epstein sex-trafficking venture operated throughout the world from (at least) in and around 1998 through in and around August 10, 2019, when Epstein died by apparent suicide. 41. After Epstein's death, to and including the date of this complaint, members of the sex-trafficking venture continued to further the venture by concealing the activities and extent of the venture. 42. In 2006, Jeffrey Epstein was arrested in Florida after state and federal law enforcement discovered that he had sexually abused more than 30 children in his Palm Beach, Florida mansion. During that investigation, it was concluded that Epstein and his co-conspirators had committed federal criminal acts constituting 12 EFTA00161969  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 13 of 163 violations of 18 U.S.0 §§ 2422(b), 2422(2), 2423(f), 2423(b), 2424(e), 18 U.S.0 § 371, 18 U.S.0 § 1591(c)(1) and 1591(a)(1) & (2), as well as state crimes in violation of Florida Statutes §§ 796.07 and 796.03. Epstein committed these crimes against dozens of young women and girls, some as young as 14 years old. With respect to the specific discoveries, the United States Attorney's Office for the Southern District of Florida found that some of the victims "went to Mr. Epstein's house only once, some went there as much as 100 times or more." 43. As a consequence of the Florida investigation, Epstein pled guilty to two felony sex offenses, and was permanently labeled as a "Registered Sex Offender." He was jailed for these felonies in 2008. 44. The 2006 criminal investigation uncovered a mountain of evidence that became public, including documents obtained through trash pulls outside Epstein's home, documents discovered in a search warrant, and extensive travel records. This evidence revealed details about Epstein's life-style, daily activities, and the unique manner of operation for his sex-trafficking venture. 45. Epstein's criminal case in Florida and the many related police reports and news reports left no doubt about Epstein's extraordinary penchant for sexually abusing and trafficking young women and girls from (at least) about 2005 onwards. For instance, it was revealed that until the time of his Florida arrest, Epstein was sexually abusing three to four young females per day, in every location he was in at 13 EFTA00161970  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 14 of 163 the time. Sexually abusing young girls and women was a full-time job for him, from which he never took a vacation or hiatus. 46. Beginning with his Florida arrest and for years after, Epstein was embroiled in dozens of highly public lawsuits documenting his sexual abuse of his victims. Thousands of news stories circulated worldwide about his sexual crimes. 47. The manner and means of Epstein's sex trafficking operation was widely publicized after his 2006 arrest. It was well-known that he would lure young women or girls to one of his luxurious mansions, under the guise of being a wealthy philanthropist. Epstein would claim to be able to provide them something they needed or wanted, such as cash money, advancement of careers, education, or other life necessities. Once his victim was under Epstein's control, he would force his victim into providing a massage that would turn sexual, and from there he would sexually abuse them and cause them to engage in a variety of forced commercial sex acts. 48. Once in Epstein's presence, each victim knew there was no realistic option to disobey him. It was well known and understood that he was one of the most powerful and connected people in the United States, able to help any of these young victims if they complied, and through his coercive techniques Epstein made clear that he was also able to significantly harm any of his victims of they refused his wishes. 14 EFTA00161971  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 15 of 163 49. While Epstein's first sexual abuse occurred in the early 1990s with the complicity of his then-paramour, Ghislaine Maxwell, Epstein's appetite for sexual abusing young women and girls grew over the years. His sex-trafficking and abuse had crystalized in a well- organized and well-defined conspiracy by as early as 1998. 50. The Florida criminal investigation uncovered that Epstein's sex- trafficking operation grew its number of victims exponentially in the early 2000s. 51. One major reason why Epstein's sex-trafficking venture accumulated new victims at an alarming rate beginning in 2000 was his access to unlimited amounts of cash and a bank that would knowingly support and protect his sex- trafficking operation. 52. Without exorbitantly large amounts of cash, his operation could not run, as newly recruited victims were each paid hundreds of dollars in cash immediately after Epstein sexually abused them, as hush money. 53. Each victim was also informed that she would be paid hundreds of dollars in cash for each additional victim she recruited, and Epstein made good on that promise of large cash payments. 54. The public police reports, documents, and articles stemming from the 2006 arrest made abundantly clear that Epstein was doling out thousands of dollars in cash every day as hush money to victims he was sexually abusing and to victims he was using to recruit additional victims. 15 EFTA00161972  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 16 of 163 55. If Epstein paid every victim, including the young children, with wire transfers, his illegal sex trafficking operation would have been easily uncovered; however, with access to unlimited amounts of cash, Epstein was able to commit the most egregious sexual crimes many times a day without leaving a trail for each sex crime he committed. 56. Because Epstein's vast wealth—said to have been more than a billion dollars—was maintained in seemingly legitimate financial institutions, he had greater power to wield in order to coerce his victims. 57. In order to access the large amount of cash needed to maintain his active sexual abuse of young women, Epstein needed the financial institution where he banked to be complicit in his operation. More specifically, Epstein needed a bank that would allow him to constantly withdraw cash from his accounts, without regard to anti-money laundering prohibitions and currency transaction reporting requirements. 58. This scheme of paying victims to bring other victims worked effectively because it not only allowed expansion through the recruitment of other victims in a pyramid-scheme fashion, but it also allowed each victim a possibility to avoid future sexual abuse—she could bring someone else who would be abused in her place. 59. This constant expansion of sex-trafficking victims required cash on 16 EFTA00161973  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 17 of 163 hand for Epstein to pay many of his victims on the spot at the time of the abuse as hush money for the sexual abuse she was suffering as well as each victim's finder's fee for bringing another victim. 60. In addition to the inner workings of Epstein's sex-trafficking scheme being public when he served his jail time in Florida, other relevant information about Epstein was widely published: he had no college degree, had never obtained any specialized license, none of the companies with whom he was associated had any legitimate business structure or purpose, and he had no documented expertise that would provide the requisite skill or knowledge to amass his vast wealth. 61. Despite the rumors that Epstein had created to conceal his true "business," he was exposed as literally nothing other than an expert sex trafficker and abuser of young females-a fact easily discernible by any responsible financial institution with whom he was banking. 62. Epstein's aptitude as a sex trafficker and appetite as a sexual abuser did not suffer because of his Florida incarceration in 2008. 63. Even while he was in jail in Florida, he continued to sexually abuse young girls and women while he was on "work release" to his office that he opened under the name "Florida Science Center." 64. Once out of jail and off work release, Epstein continued to collect young women and lure them through force, fraud, or coercion into one of his 17 EFTA00161974  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 18 of 163 mansions, primarily his townhouse located at 9 East 71s1 Street, New York, where he would sexually abuse each one. 65. His sex-trafficking venture and conspiracy continued in the same manner and mode as it had in the past, although it involved more phony companies, more bank accounts, more withdrawals of large amounts of cash, and more delivery of funds to victims and co-conspirators through wires, payroll, direct deposits, and other means—means known to his financial institution as evidence of Epstein continuing his criminal sex trafficking scheme. 66. As time went by, while Epstein sought to create cover as a well- connected "money manager to billionaires," the news articles and lawsuits continued to mount expressing skepticism of the source(s) of his money and more confirming information became publicly available that Epstein was abusing young women. 67. As a registered sex offender known to be sexually abusing multiple young women each day through a pyramid-type recruiting scheme that required the transfer of millions of dollars to continue the operation, a complicit bank was essential, without which he could not sexually abuse in the way he did and his organization could not operate. 68. From approximately 1998 through around August 2013, JP Morgan was the bank complicit in seeing to it that Epstein could sexually abuse countless young females and could operate his sex-trafficking venture and conspiracy. 18 EFTA00161975  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 19 of 163 69. Epstein's relationship with James "Jes" Staley was a key alliance that enabled Epstein to run his illegal operation through JP Morgan. 70. Staley and JP Morgan built the financial infrastructure that allowed for Epstein's sex trafficking operation to become what it was. They had a business relationship with Epstein when he was arrested, when he was required to register as a sex offender, and even continued to enable and support his sex trafficking operation after he was released from jail. As an employee and agent of JP Morgan, Staley knew exactly what he was doing, and so did JP Morgan. 71. Staley left JP Morgan in 2013, and JP Morgan, knowing that Epstein was a sex trafficker running a publicly known sex trafficking operation, with no other legitimate business, began to create the perception of distancing itself from Epstein. 72. In 2013, when Epstein was perhaps the most infamous sex offender in the world, he was on the precipice of losing his accounts at JP Morgan—the bank that had protected him and participated in his operation for nearly 15 years. He immediately needed a financial institution that would partner with him to continue the operation of his sex-trafficking venture. He found that partner in Deutsche Bank. 73. Deutsche Bank picked up exactly where JP Morgan left off and worked quickly and diligently to figure out exactly what they needed to do (and not do) in order to conceal Epstein's illegal venture and conspiracy and ensure that it could 19 EFTA00161976  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 20 of 163 continue to run without a hitch. B. An Overview of Deutsche Bank's Role in the Epstein Sex-Trafficking Venture. 74. Various banks and bankers were a critical part of Jeffrey Epstein's particular sex-trafficking venture. Due to the extensive publicity about Epstein's illegal sexual activities, in 2013 his longtime financial banking institution, JP Morgan, had decided it would no longer serve as his banker. 75. By 2013, Epstein needed a new banking institution that would provide the necessary appearance of legitimacy for his operation. This institution would need to allow him to open many accounts for illegitimate companies, ignore blatant red flags, permit him to transfer money without questioning, give him access to abundant cash in direct violation of federal law, coach Epstein and his organization leaders on how to avoid reporting or scrutiny, and to otherwise intentionally participate in and facilitate the commercial aspect of his commercial sex-trafficking enterprise. 76. From on or about August 19, 2013, through about 2018, Deutsche Bank was the key bank participating, and playing an essential role in, the Epstein sex- trafficking venture. Deutsche Bank continued to conceal what it had done through about July 2020. Deutsche Bank developed a special—and illegal—banking relationship with Epstein. 77. Deutsche Bank knowingly and intentionally participated in the Epstein 20 EFTA00161977  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 21 of 163 sex-trafficking venture by, among other things, providing the financial underpinnings for Epstein to have ready and reliable access to resources—including cash—to recruit, lure, coerce, and entice young women and girls to be sexually abused and to cause them to engage in commercial sex acts and other degradations. 78. Deutsche Bank assisted and participated in Epstein's sex-trafficking venture by knowingly enabling him to make payments to victims, including directly or indirectly Jane Doe 1, and others similarly situated, and obtain large sums of cash from his various accounts in violation of structuring laws in order to finance his well- known, cash-driven, sex-trafficking venture. 79. Deutsche Bank participated in Epstein's violations of the Trafficking Victims Protection Act by knowingly facilitating, assisting, and enabling Epstein's illegal conduct. Deutsche Bank's conduct violated the TVPA, which forbids benefiting financially by participating in a sex trafficking venture knowing, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion, abuse of process, and combination of those means have been used to cause young women and girls to engage in commercial sex acts. 80. Deutsche Bank also conspired with Epstein (and others) to violate 18 U.S.C. § 1591. It knew that it was joining a sex-trafficking venture and conspiracy that had been on-going for many years (at least since 2005). It adopted the goals of the venture and conspiracy and took specific actions in this District and elsewhere 21 EFTA00161978  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 22 of 163 in furtherance of it. 81. When considering whether to participate in the sex-trafficking venture, and before on-boarding Epstein, Deutsche Bank estimated that it would earn between $2,000,000 to $4,000,000 annually by funding the sex-trafficking venture and handling the accounts of Epstein-related entities. 82. Ultimately, Deutsche Bank did financially benefit by earning millions of dollars for its participation in the Epstein sex-trafficking venture. 83. Throughout its relationship with Epstein, Deutsche Bank violated numerous regulations in order to continue its lucrative venture of facilitating the Epstein sex trafficking scheme. These violations were intentional and for the sole purpose of aiding and assisting Epstein in his sex trafficking venture and conspiracy. 84. Paul Morris, a former JP Morgan banker, brought Epstein over from JP Morgan to Deutsche Bank in around August 2013. All knowledge acquired by JP Morgan about Epstein's sex-trafficking venture while Morris was at JP Morgan, became known to Deutsche Bank. Morris knew that Epstein was continuing his on- going sex-trafficking venture and conspiracy. Morris had a special relationship with Epstein. 85. In addition to Morris's knowledge and considering the known reputation of Epstein as a sex-trafficker, when Deutsche Bank was on-boarding Epstein, it had a responsibility to make all available inquiries to any other entity who 22 EFTA00161979  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 23 of 163 had been associated with Epstein to learn if Epstein had retired from his illegal sex- trafficking operation. Reasonable inquiries would have quickly revealed that he had not. And, through Morris and other information, Deutsche Bank quickly learned that he had not. 86. Financial institutions must conduct Know Your Customer ("KYC") reviews for each client relationship at intervals commensurate to the Anti-Money Laundering ("AML") risks posed by the client. These reviews included reviewing account activity to determine whether such activity fits with what would have been expected given the nature of the account. Each client's AML risk should also be re- assessed if new information or unexpected account activity is identified. 87. Financial institutions must also establish criteria for determining when a client relationship poses too high of a risk and therefore must be terminated. A financial institution may facilitate illegal activity—and be liable under applicable laws—if it maintains such a relationship despite repeated indications of facilitation of improper transactions. 88. Without Deutsche Bank's participation and assistance, Epstein could not have sexually abused or trafficked the hundreds of young women he did between 2013 and 2018. 89. Deutsche Bank knew that in order to onboard Epstein and his related entities and maintain that relationship, it would have to intentionally circumvent 23 EFTA00161980  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 24 of 163 banking rules and regulations and work with Epstein to aid in the operation of the sex trafficking venture—and Deutsche Bank did exactly that. 90. On July 6, 2020, Deutsche Bank agreed to pay a fine of $150 million to the New York State Department of Financial Services for, among other things, its failures to meet banking regulations in connection with its relationship to Epstein. Until that date, Deutsche Bank concealed who it had adopted the goals of the Epstein sex trafficking venture and conspiracy and worked to further those goals. IV. THE TRAFFICKING VICTIMS PROTECTION ACT 91. The Trafficking Victims Protection Act (TVPA) forbids sex trafficking activities that affect interstate or foreign commerce or take place within the territorial jurisdiction of the United States. Courts must broadly construe the TVPA because it serves a remedial purpose and uses intentionally broad language. 92. The TVPA forbids the following sex-trafficking conduct: (a) Whoever knowingly— (1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person; or (2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1), knowing, or, except where the act constituting the violation of paragraph is advertising, in reckless disregard of the fact, that means of 24 EFTA00161981  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 25 of 163 force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means will be used to cause the person to engage in acommercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b). 18 U.S.C. § 1591(a). 93. The TVPA also contains a conspiracy provision, which forbids conspiring with a person to violate 18 U.S.C. § 1591. 94. The TVPA also contains an explicit "civil remedy" provision which allows an individual who is a victim of a violation of Chapter 77 of Title 18 (e.g., 18 U.S.C. §§ 1591-95) to bring a civil action against the perpetrator and any person or entity who knowingly benefits financially or by receiving anything of value from participation in an illegal sex-trafficking venture. 18 U.S.C. § 1595(a). 95. Unlike the criminal penalties provisions in the TVPA, the civil remedies provision contains a "constructive knowledge" provision. This provision allows a civil action to be brought not only against a person or entity who participated in a venture known to have engaged in illegal sex trafficking but also against a person or entity who participated in a venture that the person or entity should have known had engaged in illegal sex trafficking. 18 U.S.C. § 1595(a). This expansive provision is known as the "constructive knowledge" provision, which provides an alternative to proving actual knowledge as part of civil damages claim. 96. In this complaint, Jane Doe 1 and other members of the Class allege 25 EFTA00161982  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 26 of 163 that Deutsche Bank acted outrageously and intentionally. But additionally, in the paragraphs that follow, wherever Jane Doe 1 and the other members of the Class allege that Defendants acted with actual knowledge, or in reckless disregard of the fact, that the Epstein sex-trafficking venture used means of force, threats of force, fraud, coercion, abuse of process, or some combination thereof to cause a person to engage in commercial sex acts, Jane Doe 1 and other members of the Class also allege that, at a bare minimum, Defendants should have known that the Epstein sex- trafficking venture had used such means to engage in illegal sex trafficking in violation of 18 U.S.C. §§ 1591-94—i.e., that they had constructive knowledge of Epstein's sex trafficking. 97. In this complaint, Jane Doe 1 and other members of the Class also allege that Deutsche Bank was willfully blind to the fact that was facilitating and participating in Epstein's sex-trafficking venture. V. THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT 98. The Racketeer Influenced and Corrupt Organizations Act (RICO) forbids racketeering activities that affect interstate or foreign commerce or take place within the territorial jurisdiction of the United States. 99. As with the TVPA, courts must broadly construe RICO because it serves a remedial purpose and uses intentionally broad language. The Act provides that "[t]he provisions of this title shall be liberally construed to effectuate its 26 EFTA00161983  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 27 of 163 remedial purposes." Pub.L. No. 91-452, § 904(a), 84 Stat. 922,947 (1970). 100. RICO forbids the following racketeering activities: It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer. 18 U.S.C. § 1962(a). 101. RICO also contains provision making it illegal for any person to conspire with others to violate any of RICO's prohibitions. 18 U.S.C. § 1962(d). 102. RICO also contains an explicit "civil remedy" provision which allows an individual who is injured in his business or property by virtue of a violation of 18 U.S.C. § 1962 to sue to recover threefold the damages sustained. 18 U.S.C. § 1964(c). 103. In the paragraphs that follow, Jane Doe 1 and other members of the Class allege that Deutsche Bank violated 18 U.S.C. § 1962 and injured them in 27 EFTA00161984  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 28 of 163 various ways, including injury to their businesses and property. VI. FACTUAL ALLEGATIONS A. The Epstein Sex-Trafficking Venture and Conspiracy. 104. During all times relevant to this complaint, Jeffrey Epstein was an extraordinarily wealthy man with multiple residences in the United States, including a New York City mansion, a New Mexico Ranch, an apartment in Paris, France, a Palm Beach mansion, and an island in the U.S. Virgin Islands. 105. Beginning in about 1998 (and perhaps earlier) and continuing through the summer of 2019, Epstein knowingly established and ran a sex-trafficking venture and conspiracy in violation of 18 U.S.C. §§ 1591-95. As part of the venture and conspiracy, Epstein used means of force, threats of force, fraud, coercion, abuse of legal process, and a combination of these means to cause young women and girls from all over the world to engage in commercial sex acts and to sexually abuse them. 106. In creating and maintaining this network of victims in multiple states and in other countries to sexually abuse and exploit, Epstein worked and conspired with others, including employees and associates who facilitated his conduct by, among other things, recruiting victims, coercing victims, paying victims, and scheduling their sexual abuse by Epstein at each of his residences, most predominantly in New York. 107. In this District and elsewhere, Epstein perpetuated this abuse in similar 28 EFTA00161985  Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 29 of 163 ways. Epstein and his co-conspirators lured new victims into his home for seemingly innocuous activity. Victims were initially recruited to speak with an alleged philanthropic Epstein and provide "massages" to him. Once at Epstein's home and trapped in his bedroom, the victims were instructed to remove their clothing. Epstein would then force the massages to become increasingly sexual in nature, typically including one or more sex acts. Epstein would use means of force, threats of force, or fraud to coerce the victims to participate in these sex acts and to cause them to return and continue to engage in commercial sex acts with him. Epstein and his associates then paid his victims hundreds of dollars in cash for each sexual encounter and for maintaining silence about the encounter. 108. Moreove