EFTA00607567.pdf

12/21/2009 11:07 FAX 5618845816 SEARCY DENNEY WD001 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA0408003OCONBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendants, ANSWER AND COUNTERCLAIM OF DEFENDANT. BRADLEY J. EDWARDS Defendant, BRADLEY J. EDWARDS, individually, by and through his undersigned attorneys files his Answer and Counterclaim to the Complaint filed by Plaintiff, JEFFREY EPSTEIN, in the above-styled matter on December 7, 2009 as follows: ANSWER GENERAL ALLEGATIONS 1. Defendant, EDWARDS, denies the allegations contained in Paragraph 1 and demands strict proof thereof. 2. Defendant, EDWARDS, admits the allegations contained in Paragraph 2. 3. Defendant, EDWARDS, admits the allegations contained in Paragraph 3. 4. Defendant, EDWARDS, admits the allegations contained in Paragraph 4. AA° .1° .2 EFTA00607567  SEARCY DENNEY Q6002 12/21/2009 14:08 FAX 5818845816 Epstein v. Rothstein: Answer and Counterclaim of Edwards Page 2 of 16 the 5. Defendant, EDWARDS, is without knowledge to either admit or deny tions and demands strict allegations contained in Paragraph 5 and thereby denies these allega proof thereof. in Broward 6. Defendant, EDWARDS, admits that he is an individual residing a, otherwise Defendant, County, Florida and is licensed to practice law in the State of Florid in Paragraph 6 and demands strict EDWARDS, denies the balance of the allegations contained proof thereof. dual residin g in 7. Defendant, EDWARDS, admits that Defendant, L.M. is an indivi ARDS in a civil lawsuit against Palm Beach County, Florida represented by RRA and EDW ented by RRA. Otherwise Epstein, and is now represented by EDWARDS but no longer repres contained in Paragraph 7 including Defendant, EDWARDS, denies the balance of the allegations ented by ROTHSTETN and demands but not limited to the allegation that L.M. was ever repres strict proof thereof. a Professional 8. Defendant, EDWARDS, admits that non-party RRA was a Florid Olas Boulevard, Suite 1650, Ft. Service Corporation, with a principal address of 401 East Las lawsuits on behalf of clients in Palm Lauderdale, FL 33401, and it conducted business and filed lawsuit on behalf of L.M., nor did it file Beach County, Florida; however, RRA never filed a lawsuits were filed by EDWARDS lawsuits on behalf of other victims against EPSTEIN. Those Defendant, EDWARDS, denies prior to any association with or knowledge of RRA. Otherwise demands strict proof thereof. the balance of the allegations contained in Paragraph 8 and EFTA00607568  SEARCY DENNEY Q003 12/21/2009 14:08 FAX 5810845818 Epstein v. Rothstein: Answer and Counterclaim of Edwards Page 3 of 16 the 9. Defendant, EDWARDS, is without knowledge to either admit or deny tions and demands strict allegations contained in Paragraph 9 and thereby denies these allega proof thereof. and 10. Defendant, EDWARDS, admits that RRA held itself out as legitimately EDWARDS is without properly engaging in the practice of law, otherwise Defendant, ned in Paragraph 10 and knowledge to either admit or deny the balance of the allegations contai f. thereby denies these allegations and demands strict proof thereo or deny the 11. Defendant, EDWARDS, is without knowledge to either admit allegations and demands strict allegations contained in Paragraph 11 and thereby denies these proof thereof. or deny the 12. Defendant, EDWARDS, is without knowledge to either admit allegations and demands strict allegations contained in Paragraph 12 and thereby denies these proof thereof. deny the 13. Defendant, EDWARDS, is without knowledge to either admit or allegations and demands strict allegations contained in Paragraph 13 and thereby denies these proof thereof. or deny the 14. Defendant, EDWARDS, is without knowledge to either admit s these allegations and demands stict allegations contained in Paragraph 14 and thereby denie proof thereof. or deny the 15. Defendant, EDWARDS, is without knowledge to either admit allegations and demands strict allegations contained in Paragraph 15 and thereby denies these proof thereof. EFTA00607569  SEARCY DENNEY Q8004 12/21/2000 14:08 FAX 5018845818 s Epstein v. Rothstein: Answer and Counterclaim of Edward Page 4 of 16 deny the 16. Defendant, EDWARDS, is without knowledge to either admit or allegations and demands strict allegations contained in Paragraph 16 and thereby denies these proof thereof. raph 17. 17. Defendant, EDWARDS, admits the allegations contained in Parag raph 18 and 18. Defendant, EDWARDS, denies the allegations contained in Parag demands strict proof thereof. or deny the 19. Defendant, EDWARDS, is without knowledge to either admit allegations and demands strict allegations contained in Parigraph 19 and thereby denies these proof thereof. deny the 20. Defendant, EDWARDS, is without knowledge to either admit or allegations and demands strict allegations contained in Paragraph 20 and thereby denies these proof thereof. or deny the 21. Defendant, EDWARDS, is without knowledge to either admit allegations and demands strict allegations contained in Paragraph 21 and thereby denies these proof thereof. or deny the 22. Defendant, EDWARDS, is without knowledge to either admit allegations and demands strict allegations contained in Paragraph 22 and thereby denies these proof thereof. t Epstein was 23. Defendant, EDWARDS, admits that the identity of claimants agains Paragraph 23 arc denied and shielded through the use of initials. All other allegations of Defendant demands strict proof thereof. EFTA00607570 12/21/2009 14:09 FAX S810845814 SEARCY DENNEY Epstein v. Rothstein: Answer and Counterclaim of Edwards Page 5 of 16 t Epstein on 24. Defendant, EDWARDS, admits that he represented claimants agains and Defendant demands strict behalf of RRA. All other allegations of Paragraph 24 are denied proof thereof. 25. Defendant, EDWARDS, is without knowledge to either admit or deny the s these allegations and demands strict allegations contained in Paragraph 25 and thereby denie proof thereof. Paragraph 26 and 26. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. raph 27 and 27. Defendant, EDWARDS, denies the allegations contained in Parag demands strict proof thereof. admit or deny the 28. Defendant, EDWARDS, is without knowledge to either ARDS admits the evidence against allegations contained in Paragraph 28 except that EDW Epstein was, in fact, real. admit or deny the 29. Defendant, EDWARDS, is without knowledge to either s these allegations and demands strict allegations contained in Paragraph 29 and thereby denie proof thereof. admit or deny the 30. Defendant, EDWARDS, is without knowledge to either these allegations and demands strict allegations contained in Paragraph 30 and thereby denies proof thereof. deny the 31. Defendant, EDWARDS, is without knowledge to either admit or ARDS specifically denies that he allegations contained in Paragraph 31 except that EDW unethical or illegal conduct. engaged in or had knowledge of any of the alleged EFTA00607571  SEARCY DENNEY Qooti 12/21/2009 14:09 FAX 5816845816 of Edwards Epstein v. Rothstein: Answer and Counterclaim Page 6 of 16 wledge to either admit or deny the 32. Defendant, EDWARDS, is without kno he pt that EDWARDS specifically denies that allegations contained in Paragraph 32 exce alleged unethical or illegal conduct. engaged in or had knowledge of any of the to either admit or deny the 33. Defendant, EDWARDS, is without knowledge he pt that EDWARDS specifically denies that allegations contained in Paragraph 33 exce alleged unethical or illegal conduct. engaged in or had knowledge of any of the ge to either admit or deny the 34. Defendant, EDWARDS, is without knowled strict thereby denies these allegations and demands allegations contained in Paragraph 34 and proof thereof. ge to either admit or deny the 35. Defendant, EDWARDS, is without knowled he pt that EDWARDS specifically denies that allegations contained in Paragraph 35 exce the alleged unethical or illegal conduct. engaged in or had knowledge of any of osed three of Epstein's pilots, and 36. Defendant, EDWARDS, admits that he dep ons rwis e Defendant denies the balance of the allegati sought the deposition of a fourth pilot, othe proof thereof. of Paragraph 36 and demands strict wledge to either admit or deny the 37. Defendant, EDWARDS, is without kno strict thereby denies these allegations and demands allegations contained in Paragraph 37 and proof thereof. ns contained in Paragraph 38, except 38. Defendant, EDWARDS, admits the allegatio subpoena Tommy Mattola. that EDWARDS denies that he sought to EFTA00607572  QD007 SEARCY DENNEY 12/21/2009 14:09 FAX 5616845816 terclaim of Edwards Epstein v. Rothstein: Answer and Coun Page 7 of 16 ge to either admit or deny the 39. Defendant, EDWARDS, is without knowled strict thereby denies these allegations and demands allegations contained in Paragraph 39 and proof thereof. ained in Paragraph 40. 40. Defendant, EDWARDS, admits the allegations cont gations contained in Paragraph 41 and 41. Defendant, EDWARDS, denies the alle demands strict proof thereof. contained in Paragraph 42 (a) and 42. Defendant, EDWARDS, denies the allegations Defendant, EDW ARDS, admits that he, Berger and Russell (b) and demands strict proof thereof. Defendant, attended Epstein's deposition, otherwise Adler (another named partner in RRA) all nt, atio ns contained in Paragraph 42 (c). Defenda EDWARDS, denies the balance of the alleg proof ained in Paragraph 42 (d) and demands strict EDWARDS, denies the allegations cont and the allegations contained in Paragraph 42 (e) thereof. Defendant, EDWARDS, denies rt on July ARDS admits that he addressed the Cou demands strict proof thereof, except that EDW t of that ent of his statements is the official transcrip 31, 2009, and the best evidence of the cont training admits that he filed a Motion for Injunction Res proceeding. Defendant, EDWARDS, of t of a Receiver to Take Charge of Property Fraudulent Transfer of Assets, Appointmen tein, re Potential Judgment, in Jane Doe v. Eps Epstein, and to Post a S15 million Bond to Secu endant, The motion was reported in the press. Def Case No. 08-CV-80893-Marra/Johnson. d in denied. The balance of the allegations containe EDWARDS, admits that the motion was nt demands strict proof thereof. Defendant, Paragraph 42 (f) are denied and Defenda in Paragraph er admit or deny the allegations contained EDWARDS, is without knowledge to eith nt, and demands strict proof thereof. Defenda 42 (g) and thereby denies these allegations EFTA00607573  SEARCY DENNEY Q008 12/21/2009 14:10 FAX 5616845816 Epstein v. Rothstein: Answer and Counterclaim of Edwards Page 8 of 16 and demands strict proof EDWARDS, denies the allegations contained in Paragraph 42 (h) in Paragraph 42 (i) and thereof. Defendant, EDWARDS, denies the allegations contained s the allegations contained in demands strict proof thereof. Defendant, EDWARDS, admit ledge to either admit or deny the Paragraph 42 a). Defendant, EDWARDS, is without know these allegations and demands strict allegations contained in Paragraph 42 (k) and thereby denies knew what it said and they knew the proof thereof. Defendant, EDWARDS, admits that they on the three pending Civil Actions. civil provisions in the agreement had no impact whatsoever was to allow an alleged victim to resolve The concept behind certain civil provisions in the NPA anonymity and move on with her a civil claim with Epstein, maintain her complete privacy and to either admit or deny the life, otherwise, Defendant, EDWARDS, is without knowledge ore denies the balance of the balance of the allegations contained in Paragraph 42 (1) and theref proof thereof. allegations contained in Paragraph 42 (1) and demands strict admit or deny the 43. Defendant, EDWARDS, is without knowledge to either allegations and demands strict allegations contained in Paragraph 43 and thereby denies these proof thereof. Paragraph 44 and 44. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Paragraph 45 and 45. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Paragraph 46 and 46. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. EFTA00607574 12/21/2009 14:10 FAX 5818845818 SEARCY DENNEY Edwards Epstein v. Rothstein: Answer and Counterclaim of Page 9of 16 ent to the 47. Defendant, EDWARDS, admits that L.M. gave a sworn taped statem best evidence of the content of FBI and a subsequent deposition in the civil proceedings. The these statements is the transcript of each. Paragraph 48 and 48. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Paragraph 49 and 49. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Paragraph 50 and 50. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Paragraph 51 and 51. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Paragraph 52 and 52. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Paragraph 53 and 53. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Stat.—Florida Civil Remedi s for Criminal Count 1—Violation of 66772.101. et seq.. Fla. Practices Act—Against All Defendants ned in Paragraphs 54. Defendant, EDWARDS, admits or denies the allegations contai 1-53 as previously set forth herein. Paragraph 55 and 55. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. EFTA00607575  SEARCY DENNEY 010 12/21/2000 14:10 FAX 5010845010 s Epstein v. Rothstein: Answer and Counterclaim of Edward Page 10 of 16 in Paragraph 56 and 56. Defendant, EDWARDS, denies the allegations contained demands strict proof thereof Paragraph 57 and 57. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. 58 and 58. Defendant, EDWARDS, denies the allegations contained in Paragraph demands strict proof thereof. Paragraph 59 and 59. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. ot Oreanization Act" Count II—Florida RICO--"Racketeer Influenced and Corru Defendants Pursuant to 48895.01. et seq., Fla, Stat. (2009). Aaainst All ned in Paragraphs 60. Defendant, EDWARDS, admits or denies the allegations contai 1-53 and 55-59 as previously set forth herein. in Paragraph 61 and 61. Defendant, EDWARDS, denies the allegations contained demands strict proof thereof. ned in Paragraph 62 and 62. Defendant, EDWARDS, denies the allegations contai demands strict proof thereof. Paragraph 63 and 63. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. or deny the 64. Defendant, EDWARDS, is without knowledge to either admit ARDS, admits that as of the filing allegations contained in Paragraph 64 except Defendant, EDW brought against ROTHSTEIN, otherwise of this Complaint, criminal charges have only been EFTA00607576  SEARCY DENNEY Zo11 12/21/2009 14:10 FAX 5818845818 Epstein v. RothnelA: AnswerandCounterelaimofEdwards Page 11 of16 contained in Paragraph 64 and Defendant, EDWARDS, denies the balance of the allegations demands strict proof thereof. Paragraph 65 and 65. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Paragraph 66 and 66. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Paragraph 67 and 67. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof Paragraph 68 and 6S. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Count III—Abuse of Process—Against All Defendants ned in Paragraphs 69. Defendant, EDWARDS, admits or denies the allegations contai 1-53, 55-59 and 61-68 as previously set forth herein. Paragraph 70 and 70. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. in Paragraph 71 and 71. Defendant, EDWARDS, denies the allegations contained demands strict proof thereof. Paragraph 72 and 72. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. Count W—Fraud—Arainst AlLDefendants contained in Paragraphs 73. Defendant, EDWARDS, admits or denies the allegations . 1-53, 55-59, 61-68 and 70-72 as previously set forth herein EFTA00607577  Qb012 16 SEARCY DENNEY 12/21/2009 14:11 FAX 56168458 terclaim of Edwards Epstein v. Rothstein: Answer and Coun Page 12 of 16 contained in Paragraph 74 and 74. Defendant, EDWARDS, denies the allegations demands strict proof thereof. ained in Paragraph 75 and 75. Defendant, EDWARDS, denies the allegations cont demands strict proof thereof. IIDefendants Conspiracy to Commilitaud—AnainstA gations contained in Paragraphs 76. Defendant, EDWARDS, admits or denies the alle iously set forth herein. 1-53, 55-59. 61-68, 70-72 and 74-75 as prev ons contained in Paragraph 77 and 77. Defendant, EDWARDS, denies the allegati demands strict proof thereof. contained in Paragraph 78 and 78. Defendant, EDWARDS, denies the allegations demands strict proof thereof ns contained in Paragraph 79 and 79. Defendant, EDWARDS, denies the allegatio demands strict proof thereof. ersigned attorneys to defend this 80. Defendant, EDWARDS, has retained the und a reasonable fee and costs. action against him and has agreed to pay them d are denied. 81. All allegations not otherwise expressly addresse claims against him, EDWARDS demands WHEREFORE, having fully answered the isions and costs pursuant to the prevailing party prov judgment in his favor and an award of fees Epstein has brought his claims. of the applicable statutes pursuant to which COUNTERCLAIM rey Epstein (EPSTEIN) and alleges: Bradley J. Edwards (EDWARDS) sues Jeff EFTA00607578  la 013 SEARCY DDINEY 12/11/2000 14:11 FAX 5818845810 Epstein v. Rothstein: Answer and Counterclaim ofEdwards Page 13 of 16 1. This is an action for damages in an amount in excess of the minimum jurisdictional limits of this Court. y, Florida, 2. Counter/plaintiff, EDWARDS, is sui juris, resides in Broward Count all times material hereto. and is an attorney licensed to practice in the State of Florida at Beach County, 3. Counter/defendant, EPSTEIN, is sui jtuis and is a resident of Palm Florida. ent pursuant to 4. EPSTEIN is a convicted felon having entered into a plea agreem sexual activity with a large number of which he effectively conceded his having engaged in illicit both State and Federal criminal female children over an extended period of time in violation of laws. of the cases 5. EPSTEIN was sued civilly by a large number of his victims. Many quence of which EPSTEIN against him have been settled and others remain pending, as a conse for both compensatory and punitive continues to face the potential of huge civil judgments criminal exploitation of children including damages in favor of many victims of his depraved victims represented by EDWARDS. edly asserted 6. In the face of overwhelming evidence of his guilt, EPSTEIN repeat refused to answer any substantive his Fifth Amendment Right against self-incrimination and s. Lacking any substantive questions regarding his sexual exploitation of his minor victim his compensatory and punitive defense to the claims against him, EPSTEIN sought to avoid at his disposal to intimidate his liability by employing the extraordinary financial resources those claims for substantially less victims into abandoning their legitimate claims or resolving than their just value. EFTA00607579  014 SEARCY DENNEY 12/21/2009 14:11 FAX 5010845810 s Epstein v. Rothstein: Answer and Counterclaim of Edward Page 14 of 16 successful, while other 7. In some circumstances, EPSTEIN's tactics have proven them and have persisted in the victims have thus far withstood this continued assault upon g who continue the prosecution prosecution of their claims. EDWARDS' clients are amon those of their claims. EDWARDS has 8. While prosecuting the legitimate claims on behalf of his clients, ARDS taken any action not engaged in any unethical, illegal, or improper conduct nor has EDW sts of his clients. EPSTEIN inconsistent with the duty he has to vigorously represent the intere has no reasonable basis to believe otherwise. EDWARDS and 9. Nevertheless, EPSTEIN has filed the claims herein against to intimidate EDWARDS, EDWARDS' client, L.M. for the sole purpose of further attempting s for less than their just and L.M., and others into abandoning or settling their legitimate claim reasonable value. ARDS was a knowing 10. EPSTEIN has in his Complaint directly alleged that EDW EIN was well aware that there is participant in a civil theft and criminal enterprise when EPST Indeed, his Complaint is absolutely no evidence whatsoever to support such false assertions. ly devoid of factual support for replete with speculation, conjecture, and innuendo and is entire the lack of any predicate for his his spurious allegations. Indicative of his total disregard for for written notice prior to the initiation claims, EPSTEIN has ignored the statutory requirement of a civil theft claim. illegal, improper, 11. EPSTELN has ulterior motives and purposes in exercising such re on EDWARDS, L.M., and and perverted use of process. His real purpose was to put pressu EFTA00607580  Q1015 SEARCY DENNEY 12/21/2009 14:12 FAX 5516845816 s Epstein v. Rothstein: Answer and Counterclaim of Edward Page 15 of 16 than a press release issued under the other victims by publishing what amounts to nothing more cloak of protection of the litigation privilege. ARDS has suffered 12. As a result of EPSTEIN's wrongful conduct as alleged, EDW d injury to his reputation, and will continue to suffer damages including but not limite to value of his time required to be interference in his professional relationships, the loss of the of defending against EPSTEIN's diverted from his professional responsibilities, and the cost spurious and baseless claims. EIN for compensatory WHEREFORE, EDWARDS demands judgment against EPST Court may deem appropriate under the damages, costs, and such other and further relief as the right to assert a claim for punitive circumstances. Counter/plaintiff, EDWARDS, reserves the uisites. damages upon satisfying the applicable statutory prereq Counter/plaintiff, EDWARDS, further demands trial by jury. foregoing has been furnished by I HEREBY CERTIFY that a true and correct copy of the ,2./ day of December 2009 Fax and U.S. Mail to all counsel on the attached list, this v. la a Bar No.: 169440 y Denney Scarola Barnhart & Shipley, P.A. 139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorneys for Defendant, EDWARDS EFTA00607581