EFTA00087851
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Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 1 of 91 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80811-CIV-MARRAMOHNSON C.M.A., Plaintiff(s), VS. TEIN and Defendant(s). FIRST AMENDED COMPLAINT Parties, Jurisdiction and Venue COMES NOW the Plaintiff, C.M.A., and brings this First Amended Complaint against the Defendants, JEFFREY EPSTEIN an and states as follows: 1. This is an action for damages in excess of $75,000.00, exclusive of interest and costs. 2. This Complaint is brought under a fictitious name in order to protect the identity of the Plaintiff, C.M.A., because this Complaint makes allegation of sexual assault and child abuse of a then minor. 3. At all times material to this cause of action, the Plaintiff, C.M.A., was. A n EXHIBIT 3 oonitblib_ apn Duce Rpm EFTA00087853 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 2 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint 4. At all times material to this cause of action, the Defendant, JEFFREY EPSTEIN, had a residence located in Palm Beach County, Florida. 5. At all times material to this cause of action, the Defendant, JEFFREY EPSTEIN, was an adult male, born in 1953. 6. This Court has jurisdiction of this action and the claim set forth herein pursuant to 18 U.S.C. §2255. 7. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a substantial part of the events or omissions giving rise to the claim occurred in this district. 8. At all times material, the Defendant, JEFFREY EPSTEIN, owed a duty unto Plaintiff, C.M.A., to treat her in a non-negligent manner and to not commit intentional or tortious illegal acts against her. Factual Allegations 9. Upon information and belief, the Defendant, JEFFREY EPSTEIN, has demonstrated a sexual preference and obsession for minor girls. He engaged in a plan, scheme, and enterprise in which he gained access to economically disadvantaged minor girls, such as Plaintiff, C.MA., sexually assaulted these girls, and/or coerced them to engage in prostitution, and in return gave these girls money. 10. The Defendants plan, scheme and enterprise included an elaborate system wherein the then minor Plaintiff and other minor girls were brought to the 2 EFTA00087854 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 3 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARFtA/JOHNSON First Amended Complaint Defendant, JEFFREY EPSTEIN'S, residence by the Defendant's employees and assistants. When the employees and assistants left the then minor Plaintiff and other minor girls alone in a room at the Defendant's mansion, the Defendant, JEFFREY EPSTEIN, himself would appear, remove his clothing, and direct the then minor Plaintiff to remove her clothing. He would then perform one or more lewd, lascivious, and sexual acts, including, but not limited to, masturbation, touching of the then minor Plaintiffs breasts and buttock, and solicitation and enticement of the then minor Plaintiff to engage in sexual acts with another female in JEFFREY EPSTEIN'S presence. 11. The Plaintiff, C.M.A., was the first brought to the Defendant, JEFFREY EPSTEIN'S, mansion in late May or early June of 2002, when she was fifteen-years old and in middle school. 12. The Defendant, JEFFREY EPSTEIN, a wealthy financier with a lavish home, significant wealth, a network of assistants and employees, used his resources and his influence over a vulnerable minor child to engage in a systematic pattern of sexually exploitive behavior. 13. Beginning in approximately late May or early June of 2002, and continuing until approximately August of 2003, the Defendant coerced and enticed the impressionable, vulnerable, and economically deprived then minor Plaintiff to commit various acts of sexual misconduct. These acts occurred, on average, one to three times per week from late May or early June of 2002 until August of 2003. At a bare minimum, 3 EFTA00087855 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 4 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80311-CIV-MARRA/JOHNSON First Amended Complaint these acts occurred twice a month from June 2002 until August of 2003. While the precise dates these acts occurred are unknown to Plaintiff, including those weeks in which no acts occurred, these dates are known by Defendant, JEFFREY EPSTEIN, as he is reported to have kept a written log of each and every instance in which he engaged in these illegal acts with the then minor Plaintiff, C.M.A. and others. These acts included, but were not limited to, fondling and inappropriate and illegal sexual touching of the then minor Plaintiff, sexual misconduct and masturbation of the Defendant, JEFFREY EPSTEIN, in the presence of the then minor Plaintiff, soliciting and enticing the then minor Plaintiff to engage in sexual acts with another female in JEFFREY EPSTEIN'S presence, and encouraging the then minor Plaintiff to become involved in prostitution; Defendant, JEFFREY EPSTEIN, committed numerous criminal sexual offenses against the then minor Plaintiff including, but not limited to, sexual battery, solicitation of prostitution, procurement of a minor for the purpose of prostitution, and lewd and lascivious assaults upon the person of the then minor Plaintiff. 14. Defendant, JEFFREY EPSTEIN, used his money, wealth and power to unduly and improperly manipulate and influence the then minor Plaintiff. 15. The acts referenced in paragraphs 9 through 14, committed by Defendant, JEFFREY EPSTEIN, against the then minor Plaintiff, C.M.A., were committed in violation of numerous criminal State and Federal statutes condemning the sexual EFTA00087856 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 5 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint exploitation of minor children, prostitution, sexual performance by a child, lewd and lascivious assaults, sexual battery, contributing the delinquency of a minor and other crimes, specifically including, but not limited to, those crimes designated in 18 USC §2241, §2242, §2243, §2421, and §2423, criminal offenses outlined In Chapter 800 of the Federal Codes, as well as those designated in Florida Statutes §796.03, §796.07, §796.045, §796.04, §39.01; and §827.04. 16. The above-described acts took place in Palm Beach County, Florida, at the residence of the Defendant, JEFFREY EPSTEIN. Any assertions by the Defendant, JEFFREY EPSTEIN, that he was unaware of the age of the then minor Plaintiff are belied by his actions and rendered irrelevant by the provisions of applicable Florida Statutes concerning the sexual exploitation and abuse of a minor child. The Defendant, JEFFREY EPSTEIN, at all times material to this cause of action, knew and should have known of the Plaintiff, C.M.A.'s minority. 17. In June 2008, in the Fifteenth Judicial Circuit in Palm Beach County, Florida, the Defendant, JEFFREY EPSTEIN, entered pleas of "guilty" to various Florida state crimes involving the solicitation of minors for prostitution and the procurement of minors for the purpose of prostitution. 18. As a condition of that plea, and in exchange for the Federal Government not prosecuting the Defendant, JEFFREY EPSTEIN, for numerous federal offenses, Defendant, JEFFREY EPSTEIN, additionally entered into an agreement with the 5 EFTA00087857 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 6 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint Federal Government to the following: "Any person, who while a minor, was a victim of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining evidentiary burdens if any a Plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less". 19. The Defendant, JEFFREY EPSTEIN, is thus estopped by his plea and agreement with the Federal Government from denying the acts alleged In this Complaint, and must effectively admit liability to the Plaintiff, C.M.A. COUNT I Cause of Action Pursuant to 18 USC §2255 May/June 2002 20. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19 above. 6 EFTA00087858 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 C.M.A. vs. Epstein, et at. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint 21. In late May or early June of 2002, C.M.A. was first introduced to Defendant, JEFFREY EPSTEIN. C.M.A. was brought to JEFFREY EPSTEIN'S residence by a female friend of hers. C.M.A. sat on the couch while the female friend took off her own clothes, mounted JEFFREY EPSTEIN who was wearing only a towel and lying on a table, and performed a sexual act upon JEFFREY EPSTEIN in the presence of C.M.A. In exchange for her participation as an observer of JEFFREY EPSTEIN'S lewd and lascivious conduct, C.M.A. was paid $300 by JEFFREY EPSTEIN. 22. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and in exchange for the Federal Government not prosecuting the Defendant for numerous federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an agreement with the Federal Government to the following: "Any person, who while a minor, was a victim of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining evidentiary burdens if any a Plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in 7 EFTA00087859 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 23. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in Title 18, United States Code, Section 2255, and as such asserts a cause of action against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the United States Government. 24. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the same position as if he had been tried and convicted of the sexual offenses committed against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the Plaintiff, C.M.A. 25. As a direct and proximate result of the offenses enumerated in Title 18, United States Code, Section 2255, being committed against the then minor Plaintiff, C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress, psychological trauma, mental anguish, humiliation, embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and coercing her into a perverse and unconventional way of life for a minor. The then minor Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A., S EFTA00087860 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 9 of 91 C.MA. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/J0HNS0N First Amended Complaint has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent In nature and the Plaintiff, C.M.A., will continue to suffer these losses in the future. WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant, JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount provided by law, punitive damages, attorney's fees, costs, and such other and further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT II Cause of Action Pursuant to 18 USC §2255 June 2002- Incident 2 26. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19 above. 27. Approximately one week after the first incident, C.M.A. received a telephone call from AFFREY EPSTEIN requesting that she return to his residence. On this occasion, JEFFREY EPSTEIN directed C.M.A to undress to her brassiere and underwear and to provide him with a massage. At the conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN paid C.M.A. $300 for this encounter. 9 EFTA00087861 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 10 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint 28. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and in exchange for the Federal Government not prosecuting the Defendant for numerous federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an agreement with the Federal Government to the following: "Any person, who while a minor, was a victim of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining evidentiary burdens if any a Plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less? 29. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in Title 18, United States Code, Section 2255, and as such asserts a cause of action against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the United States Government. 10 EFTA00087862 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 11 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint 30. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the same position as if he had been tried and convicted of the sexual offenses committed against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the Plaintiff, C.M.A. 31. As a direct and proximate result of the offenses enumerated in Title 18, United States Code, Section 2255, being committed against the then minor Plaintiff, C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and suffering, emotional distress, psychological trauma, mental anguish, humiliation, embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and coercing her into a perverse and unconventional way of life for a minor. The then minor Plaintiff incurred medical and psychological expenses and the Plaintiff, C.MA„ will in the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A., has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature and the Plaintiff, C.M.A., will continue to suffer these losses in the future. WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant, JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount provided by law, punitive damages, attorney's fees, costs, and such other and further 11 EFTA00087863 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 12 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/J0HNS0N First Amended Complaint relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT III Cause of Action Pursuant to 18 USC 42255 July, 2002 — Incident 1 32. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19 above. 33. In July of 2002, C.M.A. again returned to JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to undress to her underwear and to provide him with a massage. At the conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN paid C.M.A. in excess of $200 for this encounter. 34. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and in exchange for the Federal Government not prosecuting the Defendant for numerous federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an agreement with the Federal Government to the following: "Any person, who while a minor, was a victim of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For 12 EFTA00087864 Case 9:08-cv-80811-KAm Document 40 Entered on FLSD Docket 02/09/2009 Page 13 of 91 C.M.A. vs. Epstein, et at Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint s shall provide Mr. Epstein's purposes of implementing this paragraph, the United State red to name in an indictment as attorneys with a list of individuals whom it was prepa authority interpreting this victims of an enumerated offense by Mr. Epstein. Any judicial burde ns if any a Plaintiff must provision, including any authority determining evidentiary these identified victims in meet, shall consider that it is the intent of the parties to place in been convicted at trial. No the same position as they would have been had Mr. Epste more; no less." ses enumerated in 35. The Plaintiff, C.M.A., was a victim of one or more offen asserts a cause of action Title 18, United States Code, Section 2255, and as such this Section of the United against the Defendant, JEFFREY EPSTEIN, pursuant to JEFFREY EPSTEIN, and the States Code and the agreement between the Defendant, United States Government. EPSTEIN, is in the 36. Pursuant to the agreement, the Defendant, JEFFREY sexual offenses committed same position as if he had been tried and convicted of the tively admit liability unto the against the Plaintiff, C.M.A., and as such he must effec Plaintiff, C.M.A. d in Title 18, 37. As a direct and proximate result of the offenses enumerate st the then minor Plaintiff, United States Code, Section 2255, being committed again r, physical injury, pain and C.M.A., has in the past suffered, and will in the future suffe al anguish, humiliation, suffering, emotional distress, psychological trauma, ment 13 EFTA00087865 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 14 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and coercing her into a perverse and unconventional way of life for a minor. The then minor Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A., has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in nature and the Plaintiff, C.MA., will continue to suffer these losses in the future. WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant, JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount provided by law, punitive damages, attorney's fees, costs, and such other and further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT IV Cause of Action Pursuant to 18 USC 42266 July 2002 — Incident 2 14 EFTA00087866 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 15 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARFUVJOHNSON First Amended Complaint 38. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19 above. 39. For the second time in July of 2002, C.M.A. again returned to JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN paid C.M.A. in excess of $200 for this encounter. 40. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and in exchange for the Federal Government not prosecuting the Defendant for numerous federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an agreement with the Federal Government to the following: "Any person, who while a minor, was a victim of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining evidentiary burdens if any a Plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in 15 EFTA00087867 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 16 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint Epstein been convicted at trial. No the same position as they would have been had Mr. more; no less? enumerated in 41. The Plaintiff, C.M.A., was a victim of one or more offenses as such asserts a cause of action Title 18, United States Code, Section 2255, and this Section of the United against the Defendant, JEFFREY EPSTEIN, pursuant to JEFFREY EPSTEIN, and the States Code and the agreement between the Defendant, United States Government. EPSTEIN, is in the 42. Pursuant to the agreement, the Defendant, JEFFREY sexual offenses committed same position as if he had been tried and convicted of the tively admit liability unto the against the Plaintiff, C.M.A., and as such he must effec Plaintiff, C.M.A. erated in Title 18, 43. As a direct and proximate result of the offenses enum st the then Minor Plaintiff, United States Code, Section 2255, being committed again suffer, physical injury, pain and C.M.A., has in the past suffered, and will in the future mental anguish, humiliation, suffering, emotional distress, psychological trauma, ion of her privacy and other embarrassment, loss of self-esteem, loss of dignity, invas controlling, manipulating and damages associated with Defendant, JEFFREY EPSTEIN, for a minor. The then minor coercing her into a perverse and unconventional way of life and the Plaintiff, C.M.A., will in Plaintiff incurred medical and psychological expenses nses. The Plaintiff, C.M.A., the future suffer additional medical and psychological expe 16 EFTA00087868 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 17 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/J0HNS0N First Amended Complaint has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These Injuries are permanent in nature and the Plaintiff, C.M.A., will continue to suffer these losses in the future. WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant, JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount provided by law, punitive damages, attorney's fees, costs, and such other and further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT V Cause of Action Pursuant to 18 USC §2255 August of 2002 - Incident 1 44. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19 above. 45. In August of 2002, C.M.A. again returned to JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN paid C.M.A. in excess of $200 for this encounter. 17 EFTA00087869 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 18 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint criminal plea, and 46. As a condition of the Defendant, JEFFREY EPSTEIN's cuting the Defendant for numerous in exchange for the Federal Government not prose additionally entered into an federal offenses, the Defendant, JEFFREY EPSTEIN, ing: Any person, who while a agreement with the Federal Government to the follow 18, United States Code, Section minor, was a victim of an offense enumerated in Title n 2255 as she would have had, 2255, will have the same rights to proceed under sectio of an enumerated offense. For if Mr. Epstein had been tried federally and convicted s shall provide Mr. Epstein's purposes of implementing this paragraph, the United State to name in an indictment as attorneys with a list of individuals whom it was prepared judicial authority interpreting this victims of an enumerated offense by Mr. Epstein. Any ntiary burdens if any a Plaintiff must provision, including any authority determining evide place these identified victims in meet, shall consider that it is the intent of the parties to in been convicted at trial. No the same position as they would have been had Mr. Epste more; no less? ses enumerated in 47. The Plaintiff, C.M.A., was a victim of one or more offen as such asserts a cause of action Title 18, United States Code, Section 2255, and to this Section of the United against the Defendant, JEFFREY EPSTEIN, pursuant JEFFREY EPSTEIN, and the States Code and the agreement between the Defendant, United States Government. 18 EFTA00087870 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 19 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint EPSTEIN, is in the 48. Pursuant to the agreement, the Defendant, JEFFREY cted of the sexual offenses committed same position as if he had been tried and convi effectively admit liability unto the against the Plaintiff, C.M.A., and as such he must Plaintiff, C.M.A. erated in Title 18, 49. As a direct and proximate result of the offenses enum against the then minor Plaintiff, United States Code, Section 2255, being committed suffer, physical injury, pain and C.M.A., has in the past suffered, and will in the future mental anguish, humiliation, suffering, emotional distress, psychological trauma, ion of her privacy and other embarrassment, loss of self-esteem, loss of dignity, invas controlling, manipulating and damages associated with Defendant, JEFFREY EPSTEIN, for a minor. The then minor coercing her into a perverse and unconventional way of life and the Plaintiff, C.M.A., will in Plaintiff incurred medical and psychological expenses expenses. The Plaintiff, C.MA., the future suffer additional medical and psychological earn income in the future, and a has suffered a loss of income, a loss of the capacity to permanent in nature and the loss of the capacity to enjoy life. These injuries are . Plaintiff, C.M.A., will continue to suffer these losses in the future against the Defendant, WHEREFORE, the Plaintiff, C.M.A., demands judgment least the minimum amount JEFFREY EPSTEIN, for compensatory damages of at , and such other and further provided by law, punitive damages, attorney's fees, costs 19 EFTA00087871 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 20 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT VI Cause of Action Pursuant to 18 USC 42255 August of 2002 — Incident 2 50. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19 above. 51. For the second time in August of 2002, C.MA. again returned to JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN paid C.M.A. in excess of $200 for this encounter. 52. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and in exchange for the Federal Government not prosecuting the Defendant for numerous federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an agreement with the Federal Govemment to the following: "Any person, who while a minor, was a victim of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under section 2255 as she would have had, 20 EFTA00087872 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 21 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining evidentiary burdens if any a Plaintiff must meet, shall consider that it is the Intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 53. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated In Title 18, United States Code, Section 2255, and as such asserts a cause of action against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the United States Government. 54. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the same position as if he had been tried and convicted of the sexual offenses committed against the Plaintiff, C.M.R., and as such he must effectively admit liability unto the Plaintiff, C.M.A. 55. As a direct and proximate result of the offenses enumerated in Title 18, United States Code, Section 2255, being committed against the then minor Plaintiff, C.M.A., has in the past suffered, and will in the future suffer, physical Injury, pain and 21 EFTA00087873 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 22 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/J0HNS0N First Amended Complaint suffering, emotional distress, psychological trauma, mental anguish, humiliation, embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and coercing her into a perverse and unconventional way of life for a minor. The then minor Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A., has suffered a loss of income, a loss of the capacity to earn income in the future, and a loss of the capacity to enjoy life. These injuries aro permanent in nature and the Plaintiff, C.M.A., will continue to suffer these losses in the future. WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant, JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount provided by law, punitive damages, attorney's fees, costs, and such other and further relief as this Court deems just and proper, and hereby demands trial by jury on all issues triable as of right by a jury. COUNT VII Cause of Action Pursuant to 18 USC §2255 September of 2002 — Incident 1 56. The. Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19 above. 22 EFTA00087874 Case 9:08-cv-80811-KAM Document 40 Entered on FLSD Docket 02/09/2009 Page 23 of 91 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON First Amended Complaint REY EPSTEIN'S 57. In September of 2002, C.M.A. again returned to JEFF EPSTEIN directed C.M.A to fully residence at his request. On this occasion, JEFFREY JEFFREY EPSTEIN, fondled undress and to provide him with a massage. Defendant, the conclusion of the massage, the breasts and buttocks of the then minor C.M.A. At presence. JEFFREY EPSTEIN JEFFREY EPSTEIN masturbated himself in C.M.A.'s paid C.M.A. in excess of $200 for this encounter. criminal plea, and 58. As a condition of the Defendant, JEFFREY EPSTEIN's the Defendant for nume rous in exchange for the Federal Government not prosecuting additionally enter ed into an federal offenses, the Defendant, JEFFREY EPSTEIN, ing: "Any person, who while a agreement with the Federal Government to the follow 18, United States Code, Section minor, was a victim of an offense enumerated in Title as she would have had, 2255, will have the same rights to proceed under section 2255 of an enumerated offense. For if Mr. Epstein had been tried federally and convicted s shall provide Mr. Epstein's purposes of Implementing this paragraph, the United State to name in an indictment as attorneys with a list of individuals whom it was prepared authority interpreting this victims of an enumerated offense by Mr. Epstein. Any judicial ns if any a Plaintiff must provision, including any authority determining evidentiary burde these identified victims in meet, shall consider that it is the intent of the parties to place
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53fdf8965443879a19994e576c620e2ef31adb209e10d4a1c89c9206bcb96c3e
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EFTA00087853
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document
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91

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