EFTA00221172.pdf

Case 9:08-cv-80993-KAM Document 1 Entered on FLSD Docket 09/10/200 FiLmine 1 [1177 D.C. ELECTRONIC SEPT. 10, 2008 STEVEN M. LARIMORE UNITED STATES DISTRICT COURT CLERK U.S. GIST. CT. S.D. OF FLA. • MIAMI SOUTHERN DISTRICT OF FLORIDA CASE NO.: JANE DOE NO. 7, 08-CV-80993-Hurley-Hopkins Plaintiff, vs. JEFFREY EPSTEIN, Defendant. COMPLAINT Plaintiff, Jane Doe No. 7 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and Venue 1. Jane Doe No. 7 is a citizen and resident of the State of Florida, and is sui juris. 2. This Complaint is brought under a fictitious name to protect the identity of the Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon a minor. 3. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 4. This is an action for damages in excess of $50 million. 5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 6. Additionally, this Court has jurisdiction pursuant to 28 U.S.C. §1331 because Plaintiff alleges a claim under the laws of the United States. This Court has supplemental HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com -1 - 1417 EFTA00221172 08-eMe813993eNuttey-Hoekins Entered on FLSD Docket 09/10/2008 Page 2 of 7 jurisdiction pursuant to 28 U.S.C. §1367(a) over all other claims set forth herein, which form part of the same case or controversy. 7. This Court has venue of this action pursuant to 28 U.S.C. §§1391(a) and 1391(b) as a substantial pan of the events or omissions giving rise to the claim occurred in this District. Factual Allegations 8. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, approximately 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of tremendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach. 9. Upon information and belief, Epstein has a sexual preference and obsession for underage minor girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2004, Jane Doe, then approximately 16 years old, fell into Epstein's trap and became one of his victims. 10. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 11. Epstein's scheme involved the use of young girls to recruit underage girls. , a Palm Beach Community College student from Loxahatchee, Florida recruited girls ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. upon information and belief, generally sought out economically disadvantaged HERMAN S MERMELSTEIN, P. A. www.herrnanlaw.com -2 - 2 Ott EFTA00221173 08-CALe80993341tittey-Hopkins Entered on FLSD Docket 09/10/2008 Page 3 of 7 underage girls from western Palm Beach County who would be enticed by the money being offered - generally $200 to $300 per "massage" session - and who were perceived as less likely to complain to authorities or have credibility i f allegations of improper conduct were made. This was an important element of Epstein's plan. 12. Epstein's plan and scheme reflected a particular pattern and method. The underage victim would be brought to Epstein's mansion, where she would be introduced to Epstein's assistant. ould then bring the girl up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. The girl would then find herself alone in the room with Epstein, who would be wearing only a towel . He woulddirect he rigl to give him a massage. Epstein would then perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl's vagina. 13. Consistent with the foregoing plan and scheme, when Jane Doe was 16 years old, she was recruited by to give Epstein a massage for monetary compensation. Jane was brought to Epstein's mansion in Palm Beach. Once there, Jane was introduced to who led her up the flight of stairs to the room with the massage table. In this room, Jane was directed by Epstein to give him a massage. During this massage, Epstein sexually assaulted Jane and masturbated. Epstein then paid Jane money. 14. Jane returned on many occasions to the Palm Beach mansion to provide Epstein with massages for money. On those occasions, Epstein engaged in sexua l contact and activity with Jane, which included, among other things, Epstein touching Jane's breasts, placing a vibrator on her vagina and masturbating himself. This sexual abuse continued over a period of approximately 18-24 months. HERMAN & MERMELSTEIN, P. A. www.hemianlaw.com -3- 3 of 7 EFTA00221174 Case 9:08-cv-80993-KAM Document 1 Entered on FLSD Docket 09/10/2008 Page 4 of 7 IS. As a result of these encounters with Epstein, Jane exper ienced confusion, shame, humiliation and embarrassment, and has suffered severe psych ological and emotional injuries. COUNT I Sexual Assault and Batten 16. Plaintiff Jane Doe repeats and rcalleges paragraphs 1 throu gh 15 above. 17. Epstein made an intentional, unlawful offer of offensive sexua l contact toward Jane Doe, creating a reasonable fear of imminent peril and sexual assault. 18. Epstein intentionally inflicted harmful or offensive sexual contact on the person of Jane Doe. 19. Epstein tortiously committed a sexual assault and battery on Jane Doe. Epstein's acts were intentional, unlawful, offensive and harmful. 20. Epstein's plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously. 21. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, includ ing mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doe No. 7 demands judgment again st Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. COUNT H Intentional Infliction of Emotional Distress 22. Plaintiff Jane Doe repeats and realleges paragraphs 1 throu gh 15 above. 23. Epstein's conduct was intentional or reckless. HERMAN & MERMELSTEIN. P. A. www.hermanlaw.com -4- EFTA00221175 Case 9:08-cv-80993-KAM Document 1 Entered on FLSD Docket 09/10/2008 Page 5 of 7 24. Epstein's conduct with a minor was extreme and outrageous, going beyond all bounds of decency. 25. Epstein committed willful acts of child sexual abuse on Jane Doe. These acts resulted in mental or sexual injury that caused or were likely to cause Jane Doe's mental or emotional health to be significantly impaired. 26. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had reason to know that his intentional and outrageous condu ct would cause emotional distress and damage to Jane Doe, or Epstein acted with reckless disreg ard of the high probability of causing severe emotional distress to Jane Doe. 27. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe, has suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiff Jane Doe No. 7 demands judgm ent against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court deems just and proper. COUNT III Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. §2422 28. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 15 above. 29. Epstein used a facility or means of interstate commerce to know ingly persuade, induce or entice Jane Doe, when she was under the age of 18 years, to engage in prostitution or sexual activity for which any person can be charged with a crimi nal offense. 30. Epstein's acts and conduct are in violation of 18 U.S.C. §2422 . 31. As a result of Epstein's violation of 18 U.S.C. §2422, Plaintiff has suffered personal injury, including mental, psychological and emotional damages. HERMAN & MERMELSTEIN. P. A. www.hermanlaw.com -5 - EFTA00221176 Case 9:08-cv-80993-KAM Document 1 Entered on FLSD Docket 09/10/2008 Page 6 of 7 32. Plaintiff hired Herman & Mermelstein, P.A., in this matter and agreed to pay them a reasonable attorneys' fee. WHEREFORE, Plaintiff Jane Doe No. 7 demands judgm ent against Defendant Jeffrey Epstein for all damages available under 18 U.S.C. §2255 (a), including without limitation, actual and compensatory damages, costs of suit, and attorneys' fees, and such other and further relief as this Court deems just and proper. JURY TRIAL DEMAND Plaintiff demands a jury trial in this action on all claim s so triable. Dated: September 10, 2008 Respectfully su By. Jeffrey M. Herman (FL Bar No. 521647) jhermanahermanlaw.com Stuart S. Mermelstein (FL Bar No. 947245) [email protected] Adam D. Horowitz (FL Bar No. 376980) [email protected] HERMAN & MERMELSTEIN, P.A. Attorneysfor Plaintff 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 HERMAN S. MERMELSTEIN, P. A. www.hermanlaw.com -6 - EFTA00221177  ocfDi t ye µA qY;§(aHMAgYA4°PilfringritVil °The8-JS-44 L CgAigificIWKID Docket 09/10/2008 Page 7 civil cover sheet and the information contained herein neither replace nor supplement the filing, and service of pleading or other papers as required by law, except as provided by local rules of court This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of the Court for the purpose of initiating the civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) 1(a) PLAINTIFFS DEFENDANTS JANE DOE NO. 7, JEFFREY EPSTEIN (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW YORK ORANGE COUNTY (IN U.S. PLAINTIFF CASES ONLY) (EXCEPT IN U.S. PLAINTIFF CASES) (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) Herman & Mermelstein, PA, 18205 Biscayne Blvd., Suite 2218, Miami, FL 33180, (305) 931.2200 (d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH f'6V Re970-ei-74y-M,A4.5 II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES PLACE AN X IN ONE BOX FOR PLAINTIFF (PLACE AN X ONE BOX ONLY) (For Diversity Case Only) AND ONE FOR DEFENDANT PTF DEF PTF DEF Incorporated of Principal Place of O 4 O 4 a 1. U.S. Government X 3 Federal Question Citizen of This State O 1 O 1 Business in This State Plaintiff (U.S Government Not a Party) Citizen of Another State CI 2 O 2 incorporated and Principal Piece of O 5 O 5 O 2 U S. Government O 4. Diversity Citizen or Subject of a Foreign Country O 3 O 3 Business in Another State Defendant (Indicate Citizenship of Parries in Item 111) Foreign Nation O 6 O 6 IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) ACTION FOR SEXUAL ASSAULT UNDER 18 U.S.C. 52422 AND STATE LAW Na. j days estimated (for both sides) to try entire case V. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) A CONTRACT A TORTS B FORFEITURE A BANKRUPTCY A OTHER STATUS PENALTY o 1101ratirce PERSONAL INJURY 00+0 442404•44, 0 422 40000 2$ USG 04 400 As Roaccoraw4 0 1204.104. 0 COO 071044.3410n4 0 0423 Watirsni MSC ist 410 Aroma. type. Ac a We Dow nested Sieve 430 0.414 a* Ban140 030 0.414100 0 362 Pw1010 1110,4400 Wm.= 0 110400441atis risintrel of 110:0041/211190 411 440 Cown00140X R1041.4c B 03,5 &fling Avoca Lay 0336 Prime 1140.0100.0 144044y 0010 Lbw Lan 400 Owyesion CI 151"4".." 4°Nal)ar al 0120 AualtLIMI s suno« 02nd masa emotes A Eitrowenof 0 3131404401t4r07.01La, tn." •00140 1.00440 0 &ORR& TruOt A PROPERTY RIGHTS ne rudeue sermon .10514w1 0 NO AS* Reis ConwsOrganaft. 0 34411Arkw 0 151144400440 Act 0 002 Ocomplans 110 Sawa Spa 0 152Rseg 000000 0 345 Name Pc04c4 ant PERSONAL PROPERTY 040 C00412/14 eS0 SloseWtoenneami SAMA4• 04P Sasein Nee Nal 0 350 SAN WAN 0 NO CO. 040 Past Lida/0 ~Ina 0 355 Na. WhomPolua La 0370 Ors RAO 0040 Tracleauei 0/5 Cvasyrst Ca* a asu man., awn . /4 51001. Perna00•01 0 171 Tn. 0101000 I 1311303410 44VolwaYs110WO 0 afro 0104 Periorml MI Aptcatia Ada o 1003,0100440a Sub Progeny Damage B SOCIAL SECURITY RO Ecoveic Statesfito ea 0 Maw Cava a345 Room 044040 0 1133 tomonnoval Wan o 1950,1002 Padua 1000y Ont0.014.044 404 (tow Aloa000M2 0101 MIA11316M 405 1000550101,400mbwiA0 0002 Dag lam(OM op 00p•44 01n 0410000.0et A REAL PROPERTY A CIVIL RIGHTS B PRISONER PETITIONS A LABOR 0163 D(V/CONAV(41:60)) Untle4040.400040401 OW 550 TY XV1 am CMS 413, 1•05001 0 050 Coullulion0004 Sus 0 PO Ista0700., 040, 0 441 VOWS 0 510.1040e4 ID Waite Steens 1010 Fat lax SlanlaRIS SWAM Cs 220 Fon004.04 0 0 442 ton0Pone• Hata Caps 40 0 KO OM! ROAMMids. 0 270 Pun Lean & Fagan 0 443 OtionpaaornerCdator• 0 Lx.Garr 0 720 Lao, 444040.0.444 • A one 0 20 Tale IAN 0 444 WWI* 0 5350041,Pet, Itslain I A FEDERAL TAX SUITS a 2403 TadR1 1000y 0 44001w C0410;011 0 440 Manatamus 10•44' 0 730 140a 1.1040~4 Darts' rants' IWO Wm Omit 0 ND 00044 RAN AVON 0 5.50004 R9t 114.140 4 00:0444, 100464004on vat Aa 0 CO 700411/S Mann ce C•040 0 10 0 740 !Won Lator la 0 571 RSTiwo Petry 26 USG )019 0 no owe War LII0a4on 0 791 &WO.' Ra tic tarn Acta VL ORIGIN x 1. Original O 2. Removed from O 3. Remanded from O 4. Refilled O 6. Multidistrict Litigation O 7. Appeal to District Judge from Proceeding State Cowl Appellate Court O 5. Transferred from another district (Specify) Magistrate Judgment VII. REQUESTED CHECK IF THIS IS A O CLASS ACTION DEMAND $ O Check YES only if demanded in X YES IN COMPLAINT a UNDER F.R.C.P. 23 complaint: JURY DEMAND: O NO VIII. RELATED (See Instructions): (SEE ATTACHED) CASE(S) IF ANY Jane Doe 2 v. Jeffrey Epstein JUDGE KENNETH k MARRA DOCKET NUMBER 08-CV-80119-MARRA-JOHNSON Jane Doe 3 v. Jeffrey Epstein JUDGE KENNETH A. MARRA DOCKET NUMBER 08-CV-80232-MARRA-JOHNSON Jane Doe 4 v. Jeffrey Epstein JUDGE KENNETH A MARRA DOCKET NUMBER 08-CV-80380-MARRA/JOHNSON Jane Doe 5 v. Jeffrey Epstein JUDGE KENNETH A MARRA DOCKET NUMBER 08-80 1-CIV- RNJOHNSON DATE O-e UNITED STATES DISTRICT COURT S/F 1-2 F' , 2-OO SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY: Receipt No. Amount i? Ali tity REV. 9/94 Date Paid: Wfp: 5-47/aS EFTA00221178