EFTA00804162.pdf

1 2 UNCERTIFIED TRANSCRIPT DISCLAIMER IN THE MATTER OF 3 EPSTEIN 4 v. 5 ROTHSTEIN 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DRAFT !!!! NOT PROOFREAD EFTA00804162  1 The following transcript of proceedings, or any portion 2 thereof, in the above-entitled matter, taken on October 3 13th, 2018, is being delivered UNEDITED and UNCERTIFIED 4 by the official court reporter at the request of Scott 5 Link, Esquire. 6 The purchaser agrees not to disclose this uncertified 7 and unedited transcript in any form (written or 8 electronic) to anyone who has no connection to this 9 case. 10 This is an unofficial transcript, which should NOT be 11 relied upon for purposes of verbatim citation of 12 testimony. 13 This transcript has not been checked, proofread 14 or corrected. It is a draft transcript, NOT a 15 certified transcript. As such, it may contain 16 computer-generated mistranslations of stenotype code or 17 electronic transmission errors, resulting in inaccurate 18 or nonsensical word combinations, or untranslated 19 stenotype symbols which cannot be deciphered by 20 non-stenotypists. Corrections will be made in the 21 preparation of the certified transcript, resulting in 22 differences in content, page and line numbers, 23 punctuation and formatting. 24 25 DRAFT !!!! NOT PROOFREAD EFTA00804163  1 THEREUPON, 2 JEFFREY EPSTEIN, 3 being a witness in the notice heretofore 4 filed, and being first duly sworn in the above cause, 5 testified on his oath as follows: 6 THE WITNESS: Yes. 7 DIRECT EXAMINATION 8 BY MR. SCAROLA: 9 Q Would you please state your full name? 10 A Jeffrey E. Epstein. 11 Q Would you list for us, please, each of your 12 residence addresses? 13 MR. GOLDBERGER: I think it's beyond 14 the scope. I'm going to object to Fifth 15 Amendment. 16 You want him to invoke or you okay with 17 me doing it? 18 MR. SCAROLA: We want Mr. Epstein to 19 invoke any privilege that Mr. Epstein 20 considers appropriate to invoke. 21 THE WITNESS: The Fifth. 22 BY MR. SCAROLA: 23 Q I'm sorry? 24 A The Fifth. 25 Q You are the same Jeffrey Epstein that is a DRAFT !!!! NOT PROOFREAD EFTA00804164  1 party in the current state court proceedings in which 2 Bradley Edwards has brought suit against you for 3 malicious prosecution, correct? 4 A Correct. 5 Q Mr. Epstein, I'm going to hand you what I 6 have marked as Exhibit Number 1 to this deposition. 7 Ask you take a look at that document. 8 MR. SCAROLA: Paul, this is 9 Mr. Epstein's sworn declaration of fact that 10 was filed in the bankruptcy court 11 proceeding. 12 MR. CASSELL: I am familiar with that. 13 Thank you, Jack. 14 (Defendants/Counter-Plaintiffs' Exhibit 15 Number 1 was marked for identification.) 16 BY MR. SCAROLA: 17 Q Do you recognize the document, Mr. Epstein? 18 A Yes. 19 Q Is that, in fact, your signature above the 20 line that says Jeffrey Epstein? 21 A Yes. 22 Q There is a signature to the left of yours at 23 the bottom of the document. Whose signature is that? 24 A I don't know. 25 Q Who were the attorneys who were representing DRAFT !!!! NOT PROOFREAD EFTA00804165  1 you at the time that this declaration was prepared on 2 August 14, 2018? 3 MR. LINK: Object to the form. 4 THE WITNESS: Could you ask the 5 question again. 6 BY MR. SCAROLA: 7 Q Yes, sir. 8 Who were the lawyers who were representing 9 you in this matter on August 14, 2018? 10 THE WITNESS: Scott Link. 11 BY MR. SCAROLA: 12 Q Anyone else? 13 A Jack Goldberg. 14 Q Anyone else? 15 A Darren Indyke. 16 Q Anyone else? 17 A Not that I recall. 18 Q Who prepared this declaration? 19 A I believe the Link firm. 20 Q Was it sent to you initially in the form in 21 which it presently appears? 22 A I don't recall. 23 Q Do you have any recollection whatsoever of 24 having any input into the content of this declaration? 25 MR. LINK: So, Mr. Epstein, I just want DRAFT !!!! NOT PROOFREAD EFTA00804166  1 to caution you. I don't want you to share 2 any of our communications or conversations. 3 Okay. You can answer the question 4 without disclosing anything we have talked 5 about. 6 THE WITNESS: No. 7 BY MR. SCAROLA: 8 Q You had no input? 9 A I don't have anything separate from my 10 attorneys. Any input I have is with conversations with 11 my attorneys. 12 Q That's not my question. I have not asked you 13 whether you received any information from your 14 attorneys. 15 I asked you whether you had any input into 16 the content of this declaration? 17 MR. LINK: Again, I am going to 18 instruct you not to disclose any of our 19 conversations and communications. 20 You can simply answer yes or no to the 21 question. If you remember it, then you can. 22 THE WITNESS: Sorry. So I'm clear, the 23 conversations I had with you about this -- 24 MR. LINK: We are not going to talk 25 about. DRAFT !!!! NOT PROOFREAD EFTA00804167  1 THE WITNESS: So is that an answer of 2 yes or no? 3 MR. LINK: If the question is, do you 4 recall whether you made any changes to what 5 was sent to you, I think you can answer yes 6 or no. 7 MR. SCAROLA: That's not the question. 8 BY MR. SCAROLA: 9 Q I want to know whether you had any input 10 whatsoever into the drafting of this declaration. 11 Was any of the information contained in 12 this declaration included in the declaration as a 13 consequence of input that you personally had? Or 14 was it simply all drafted by somebody else for your 15 signature? 16 MR. LINK: So, if you can answer that 17 question without disclosing our 18 communications, you can answer the question. 19 If you can't answer it without disclosing 20 our communication, Mr. Epstein, then you are 21 instructed not to answer it. 22 BY MR. SCAROLA: 23 Q Your answer to the question, sir? 24 A I can't disclose anything -- I have only had 25 a conversation with my attorney regarding this. DRAFT !!!! NOT PROOFREAD EFTA00804168  1 Q Yes, sir. 2 But my question does not ask you about any 3 communication you had with your lawyers. I am 4 asking you whether you had any input into the 5 language that is included within this declaration. 6 Is anything here your -- the consequence 7 of your input? 8 MR. LINK: So, let me just -- I have 9 two questions for you, Mr. Scarola. One, I 10 thought we were starting with state court 11 matter. 12 MR. SCAROLA: We are. 13 MR. LINK: I may have misunderstood, 14 because this is a bankruptcy declaration. 15 And there isn't anything in Judge Hafele's 16 order that talks about bankruptcy testimony 17 or spoke that you can inquire about. 18 Obviously, by signing this he has 19 adopted every statement in there as his own. 20 So I'm not sure what we are doing at the 21 moment. 22 BY MR. SCAROLA: 23 Q Can you answer the question, sir? 24 A I cannot answer the question. 25 Q Why? DRAFT !!!! NOT PROOFREAD EFTA00804169  1 A Anything I talked about with respect to this 2 document is a conversation with my attorneys. 3 Q And I'm not asking about any communication 4 you had with your lawyer. I want to know whether 5 anything in this affidavit is as a consequence of your 6 personal input? 7 MR. LINK: So, if there was anything 8 you did separate and apart from our 9 conversations, then you can tell him. If 10 not -- 11 THE WITNESS: No. 12 BY MR. SCAROLA: 13 Q No what? 14 A No. 15 Q Nothing in this affidavit was as a result of 16 your personal input; is that correct? 17 MR. LINK: What he said was separate 18 and apart. 19 My instruction is, you may not disclose 20 any of our communications. If you can 21 answer the question about something you did 22 separate and apart from my directions to you 23 or our communications, you can answer the 24 question. Other than that, you cannot. 25 MR. SCAROLA: Mr. Link, communications DRAFT !!!! NOT PROOFREAD EFTA00804170  10 1 with counsel are privileged if they are in 2 intended to remain confidential. 3 If Mr. Epstein communicated something 4 to you to include within this affidavit, 5 that obviously was not intended to remain 6 confidential. It was intended to be 7 communicated in this particular filing. 8 MR. LINK: Mr. Scarola, I disagree with 9 you. I'm instructing him not to answer, if 10 it's based on our communications period. 11 BY MR. SCAROLA: 12 Q The second paragraph of this affidavit says, 13 "The law firm of Fowler White Burnett, PA represented 14 me" -- meaning you -- "in the state court proceeding 15 from June 2010 through May 2012." 16 What were the terms on which you retained 17 the Fowler White Burnett law firm? 18 MR. LINK: Mr. Scarola, you are 19 exceeding the scope of the deposition in the 20 state court matter. 21 There are four very specific limited 22 topics. None of which have you asked a 23 single question about. I'm really trying to 24 understand what -- 25 Do you want to do the bankruptcy first? DRAFT !!!! NOT PROOFREAD EFTA00804171  11 1 MR. SCAROLA: No. No, sir. I want to 2 do the state court proceeding first. I'm 3 asking questions that relate directly to the 4 topics that are defined within the state 5 court order and I would like an answer to 6 that question. 7 MR. LINK: Would you please tell which 8 topic you are focus on? There are only 9 four. 10 MR. SCAROLA: This relates to all of 11 them. 12 MR. LINK: It does not, Mr. Scarola. 13 MR. SCAROLA: We have a disagreement 14 about that. If you are instructing him not 15 to answer, then the Court will make a 16 determination as to whether that is or is 17 not an appropriate instruction and whether 18 we will or will not be back here to redepose 19 Mr. Epstein once again. 20 Are you instructing him to the answer? 21 MR. LINK: Your question is what were 22 the terms of his engagement of Fowler White? 23 MR. SCAROLA: Yes, that's correct. 24 MR. LINK: Then I'm instructing him not 25 to answer. DRAFT !!!! NOT PROOFREAD EFTA00804172  12 1 BY MR. SCAROLA: 2 Q Did you engage Fowler White on an hourly 3 basis? 4 MR. LINK: I am instructing him not to 5 answer. 6 BY MR. SCAROLA: 7 Q Did Fowler White present invoices to you for 8 services that were rendered on an hourly basis? 9 MR. LINK: I am instructing him not to 10 answer. 11 BY MR. SCAROLA: 12 Q Were you ever billed by Fowler White with 13 invoices that included a description of the services 14 that Fowler White rendered on your behalf? 15 MR. LINK: I am instructing him not to 16 answer. 17 BY MR. SCAROLA: 18 Q Were you kept informed as to what Fowler 19 White did on your behalf in connection with their 20 representation of you? 21 MR. LINK: I'm instructing him not to 22 answer. It exceeds the scope of the Court's 23 order. 24 BY MR. SCAROLA: 25 Q Your affidavit -- excuse me. Your DRAFT !!!! NOT PROOFREAD EFTA00804173  13 1 declaration states that as part of Fowler White's 2 representation of you, that they represented you in 3 proceedings in the bankruptcy case concerning a 4 subpoena that your original counsel issued to the 5 bankruptcy trustee. Is that statement true? 6 A Yes. 7 Q Who was your original counsel that issued the 8 subpoena to the bankruptcy trustee? 9 A I don't recall. 10 Q What was subpoenaed? 11 A The question again. 12 Q What was subpoenaed? 13 A I don't recall. 14 Q Were emails subpoenaed? 15 A I'm not sure what subpoena you are talking 16 about. Sorry. 17 Q The one that you declared under penalty of 18 perjury was issued by your original counsel to the 19 bankruptcy trustee. 20 A I don't recall. 21 Q Did you ever come to learn that the trustee 22 in the bankruptcy for the law firm Rothstein, 23 Rosenfeldt & Adler, had been subpoenaed to produce 24 emails contained on the server of that law firm? 25 A I don't recall. DRAFT !!!! NOT PROOFREAD EFTA00804174  14 1 Q Did it ever come to your attention that 2 emails contained on the server of the law firm 3 Rothstein, Rosenfeldt & Adler had been produced 4 connection with the state court civil proceedings by 5 the bankruptcy trustee to a special master that had 6 been appointed for purposes of determining what, if 7 any, emails from that production would be turned over 8 in response to the subpoena that was issued? 9 A Separate from any conversations with my 10 attorney, I don't recall. 11 Q Did you ever learn that privilege was being 12 asserted with respect to the production of any emails 13 that were contained on a Rothstein Rosenfeldt Adler 14 server? 15 A Separate from a conversation with my 16 attorneys, I don't recall. 17 Q Are you aware, as you sit here today, that 18 federal bankruptcy Judge Ray issued an order with 19 respect to procedures to be followed in connection with 20 responding to an email subpoena? 21 MR. LINK: Object to the form. 22 MR. SCAROLA: What's the problem with 23 the form? 24 MR. LINK: You didn't give us any time. 25 Is there more than one. DRAFT !!!! NOT PROOFREAD EFTA00804175  15 1 MR. SCAROLA: No, I did. I said as you 2 sit her today. 3 MR. LINK: No, as to the order. But -- 4 If you can answer the question, you can 5 answer question. 6 THE WITNESS: I'm sorry. You have to 7 repeat it. 8 BY MR. SCAROLA: 9 Q Yes. As you sit here today, are you aware 10 that federal bankruptcy Judge Ray issued an order 11 concerning matters relating to the production of 12 Rothstein Rosenfeldt Adler emails? 13 MR. LINK: Object to the form. 14 THE WITNESS: Outside conversations 15 with my attorney, no. 16 BY MR. SCAROLA: 17 Q Have you ever seen an order issued by federal 18 bankruptcy Judge Ray that impose restrictions on the 19 possession of electronic data produced in response to a 20 subpoena for emails from the Rothstein Rosenfeldt Adler 21 law firm? 22 MR. LINK: Object to the form. 23 THE WITNESS: Outside of conversations 24 with my attorney, no. 25 DRAFT !!!! NOT PROOFREAD EFTA00804176  16 1 BY MR. SCAROLA: 2 Q Tell me about the conversations that you had 3 with your lawyers relating to the terms of Judge Ray's 4 order. 5 MR. LINK: I am going to instruct you 6 not to answer that question. 7 BY MR. SCAROLA: 8 Q Have you ever personally seen any of the 9 language that was included within Judge Ray's order? 10 A Outside of the conversations with his 11 attorney, no. 12 Q Well, a conversation with your lawyer does 13 not tell me anything in response to a question that 14 asks what you have seen. 15 Have you ever seen any of the language 16 included within Judge Ray's order that impose 17 restrictions on the possession of electronic data 18 relating to emails of the Rothstein Rosenfeldt Adler 19 firm? 20 MR. LINK: So let me object to the 21 form. 22 If you can answer the question 23 independent of communications with your 24 lawyer -- so if you looked at the order on 25 your own, then you can answer. DRAFT !!!! NOT PROOFREAD EFTA00804177  17 1 THE WITNESS: I don't recall. 2 BY MR. SCAROLA: 3 Q Are you aware that contempt proceedings are 4 pending in the federal bankruptcy court? 5 A Yes. 6 Q What is your understanding of what those 7 proceedings are about? 8 A It's in regards to the discovery of a disc 9 that was in possession of Fowler White. 10 Q What is it in regard to that disc? 11 A That's not a very good question. Sorry. 12 Q I'm sorry? 13 A Can you ask a question. 14 Q The question is, what is it about this disc 15 that is the subject matter of contempt proceedings in 16 the bankruptcy court? 17 MR. LINK: So, again, if you can answer 18 the question based on your own personal 19 review of information, rather than our 20 communications, you can share that with 21 Mr. Scarola. 22 THE WITNESS: Nothing outside my 23 conversations with the attorney. 24 BY MR. SCAROLA: 25 Q Did you ever become aware that a subpoena was DRAFT !!!! NOT PROOFREAD EFTA00804178  18 1 issued to the bankruptcy trustee to produce emails? 2 A I don't recall. 3 Q Did you ever become aware that a claim of 4 privilege was asserted with regard to any of the emails 5 on the Rothstein Rosenfeldt Adler server? 6 A Outside of conversations with my attorney, 7 no. 8 Q Did your lawyer tell you that a claim of 9 privilege had been made with regard to any of the 10 emails on the RRA server? 11 MR. LINK: Mr. Scarola, you know better 12 than to ask that question. 13 Mr. Epstein, do not answer that 14 question. 15 MR. SCAROLA: Mr. Link, those happen to 16 be matters as to which privilege is waived 17 as a consequence of your own disclosures in 18 your own affidavits and your own statements 19 with respect to this case. 20 MR. LINK: I disagree with you. 21 MR. SCAROLA: That's fine. 22 MR. LINK: I'm going to instruct you 23 not to answer. 24 MR. SCAROLA: Just as long as you know 25 that it is our position that there has been DRAFT !!!! NOT PROOFREAD EFTA00804179  19 1 a waiver. You can instruct the witness not 2 to answer and the Court will make a 3 determination with regard to that legal 4 issue. 5 MR. LINK: There's no question. 6 And I will say this, for the record. 7 You haven't asked a single question about 8 the four topics that Judge Hafele 9 specifically delineated for this limited 10 deposition you could take. 11 But I am instructing you not to answer 12 the question, Mr. Epstein. 13 BY MR. SCAROLA: 14 Q Paragraph four of your declaration, Exhibit 15 Number 1, states, "In February 2018, Scott J. Link of 16 Link & Rockenbach, PA, informed me that he had located 17 a disc in Fowler White's files labeled," quote, 18 "Epstein Bate Stamp," unquote. 19 Did I read that accurately? 20 A Correct. 21 Q That was a communication from Mr. Link, your 22 lawyer, to you, correct? 23 A Yes. 24 Q What else did Mr. Link tell you? 25 MR. LINK: So, I'm going to instruct DRAFT !!!! NOT PROOFREAD EFTA00804180  20 1 you not to disclose any of your 2 conversations that involved legal advice or 3 strategy or protected communication. 4 If you recall that I said anything 5 other than I located a disc specific to that 6 topic, you can answer. 7 THE WITNESS: I remember that. 8 Everything else I talked with my attorneys. 9 BY MR. SCAROLA: 10 Q Yes, I know you were talking to your lawyer. 11 I want to know everything that your lawyer told you in 12 this conversation that you have partially disclosed. 13 MR. LINK: So -- 14 BY MR. SCAROLA: 15 Q What else did he tell you? 16 MR. LINK: So, I'm going to instruct 17 you not to answer based both on 18 attorney-client privilege and exceeds the 19 scope of Judge Hafele's order. 20 BY MR. SCAROLA: 21 Q Your response? 22 MR. LINK: I have instructed him not to 23 answer. 24 BY MR. SCAROLA: 25 Q When in February of 2018 did you have this DRAFT !!!! NOT PROOFREAD EFTA00804181  21 1 communication with Mr. Link? 2 A I don't recall specifically. 3 Q What was the form of the communication? 4 A I don't recall specifically. 5 Q When you tell me you don't recall 6 specifically, that suggest that you may recall 7 generally. What is your recollection with regard to 8 the form that the communication took? 9 A It's not specifically -- I believe it was a 10 phone call. But that's my best recollection. 11 Q Where were you when you received that phone 12 call? 13 A No idea. 14 Q Did Mr. Link tell you why he was calling to 15 tell you that he had located a disc? 16 MR. LINK: Mr. Epstein, I am going to 17 instruct you not to answer the question. 18 BY MR. SCAROLA: 19 Q Did Mr. Link tell you what was on the disc? 20 MR. LINK: I'm going to instruct you 21 not to answer. 22 BY MR. SCAROLA: 23 Q Did Mr. Link communicate to you at any time 24 anything regarding the content of a disc that had been 25 located in Fowler White's files? DRAFT !!!! NOT PROOFREAD EFTA00804182  22 1 MR. LINK: I am going to instruct you 2 not to answer. 3 MR. SCAROLA: The basis of that 4 instruction? 5 MR. LINK: Attorney-client privilege 6 and exceeds scope of Judge Hafele's order. 7 BY MR. SCAROLA: 8 Q Had you known prior to Mr. Link's 9 communication with you in February of 2018 that Fowler 10 White had come into possession of a disc relating to 11 anything having to do with the litigation in which you 12 were involved? 13 MR. LINK: Can you read the first part? 14 Did he say if or did you? I'm sorry, I 15 missed the first words. 16 (Thereupon, the requested portion of the 17 record was read back by the reporter as 18 above duly recorded.) 19 MR. LINK: I'm going to object to form. 20 THE WITNESS: No. 21 BY MR. SCAROLA: 22 Q How was it that you remember that? 23 A I'm sorry. The question again. 24 Q How is it that you can tell us under oath 25 today that you had no prior knowledge of Fowler White DRAFT !!!! NOT PROOFREAD EFTA00804183  23 1 having come into possession of a disc relating to your 2 litigation? 3 A So, to be clear, to the best of my 4 recollection today, the answer is no. I have no 5 recollection whatsoever. 6 Q So the answer is not no. The answer is I 7 don't remember. Is that correct? 8 MR. LINK: No. That's not what he 9 said. 10 BY MR. SCAROLA: 11 Q Well, I want to know. Are you telling us, 12 no, you didn't know; or are you telling us, I don't 13 remember whether I knew or not? 14 A My best recollection is no. I can't be 15 certain of anything, frankly. So the answer is -- with 16 respect to most questions, my answer is no. But I 17 can't be certain that someone hadn't told me something 18 years ago. I have no recollection. I would say no. 19 Q Paragraph five of this declaration says, "I 20 have no personnel knowledge of how the CD came to be in 21 Fowler White's possession." 22 Do you have any knowledge that, in fact, 23 it did come to be in Fowler White's possession? 24 MR. LINK: So, you can -- other than 25 our communications, you have can answer the DRAFT !!!! NOT PROOFREAD EFTA00804184  24 1 question. 2 THE WITNESS: It's only through 3 communications with my attorney. 4 BY MR. SCAROLA: 5 Q So Mr. Link told you that he got the disc 6 from Fowler White; is that correct? 7 MR. LINK: You can answer that 8 question. 9 THE WITNESS: Correct. 10 BY MR. SCAROLA: 11 Q Did he tell you when he got it from Fowler 12 White? 13 MR. LINK: If you remember, you can 14 answer that question. 15 THE WITNESS: Sometime in February. 16 BY MR. SCAROLA: 17 Q Are you aware that William Berger was deposed 18 in the state court civil proceeding? 19 A I don't recall. 20 Q Do you know who William Berger is? 21 A No, sir. 22 Q Do you recall a former Palm Beach County 23 circuit court Judge having been involved as co-counsel 24 in the prosecution of molestation claims against you by 25 the Rothstein Rosenfeldt Adler firm? DRAFT !!!! NOT PROOFREAD EFTA00804185  25 1 THE WITNESS: Is this part of 2 today's -- 3 MR. LINK: If you remember that there 4 was a -- 5 THE WITNESS: I do not remember. 6 BY MR. SCAROLA: 7 Q At the time that you had the communication 8 with Mr. Link sometime in February of 2018, did 9 Mr. Link discuss any of the data that was included on 10 the disc that he was informing you about? 11 MR. LINK: Mr. Epstein, I am going to 12 instruct you not to answer. 13 BY MR. SCAROLA: 14 Q Have you ever received any documents that 15 were represented to have been included on that disc? 16 MR. LINK: Object to the form. 17 If you can answer that question without 18 disclosing our communications you can answer 19 it. 20 THE WITNESS: Anything I received, I 21 received from my attorneys. 22 BY MR. SCAROLA: 23 Q Yes. And I want to know whether you ever 24 received any of -- any documents that were represented 25 to you to have been printed from data on the disc that DRAFT !!!! NOT PROOFREAD EFTA00804186  26 1 Mr. Link told you about in February of 2018. 2 MR. LINK: So, again, without 3 disclosing our communications, you can 4 simply tell him whether you were provided 5 generally any documents, without disclosing 6 any specific documents or our 7 communications. 8 THE WITNESS: I don't believe so. 9 BY MR. SCAROLA: 10 Q What specific documents that originated on 11 the disc did you receive? 12 MR. LINK: So, I'm going to instruct 13 you not to answer that question based on 14 attorney-client and work product. 15 BY MR. SCAROLA: 16 Q How many documents did you receive? 17 MR. LINK: That question you can 18 answer, if you remember. 19 THE WITNESS: I don't remember. 20 BY MR. SCAROLA: 21 Q Can you characterize in any way the volume of 22 documents that you received that you understood 23 originated on the disc? 24 A I don't recall. 25 Q Was it more than one? DRAFT !!!! NOT PROOFREAD EFTA00804187  27 1 A Probably. 2 Q Was it more than two? 3 A Probably. 4 Q Was it more than three? 5 A I don't know what you mean by documents. Are 6 you talking about pages? 7 Q Yes. Let's be very specific. 8 Did you receive more than three pages that 9 you understood to have been printed out from the 10 disc? 11 MR. LINK: Let me think about the 12 question for a minute. 13 You can answer that question. 14 THE WITNESS: Yes. 15 BY MR. SCAROLA: 16 Q Was it more than 10? 17 A I would say less than 100, so we don't have 18 to go through numbers. 19 Q That does indeed save us some time. 20 Was it more than 50? 21 A I don't recall. 22 Q Was it probably more than 50? 23 A I don't recall. 24 Q So the best you are able to tell us is that 25 it was, more likely than not, more than three and less DRAFT !!!! NOT PROOFREAD EFTA00804188  28 1 than 100 pages, and you can't narrow it down any 2 further than that; is that correct? 3 A Correct. 4 Q How did you receive those pages? 5 A I don't recall. 6 Q Were they electronically transmitted to you? 7 A I don't recall. 8 Q Do you have any recollection of ever having 9 received hard copies of documents generated from the 10 disc? 11 MR. LINK: Object to the form. 12 You are talking about from me? 13 MR. SCAROLA: No, I didn't ask that. 14 THE WITNESS: Anything separate my 15 attorneys, nothing. 16 BY MR. SCAROLA: 17 Q Pardon me? 18 A Anything separate from the attorneys, 19 nothing. 20 Q Okay. Well, that's not my question. 21 A Okay. 22 Q Did you ever receive, from anyone, any hard 23 copies of pages that you understood to be generated 24 from the disc? 25 MR. LINK: Okay. So, I am going to DRAFT !!!! NOT PROOFREAD EFTA00804189  29 1 object to the form. 2 There are thousands of pages that have 3 been produced in this case from the disc. 4 So that general generic -- 5 MR. SCAROLA: Mr. Link, that's not a 6 legal objection. If you have a legal 7 objection, please state it. Anything other 8 than that is nothing more than an attempt to 9 coach the witness. 10 MR. LINK: It's not. It's an objection 11 to the form. 12 MR. SCAROLA: That's fine. I 13 understand. 14 BY MR. SCAROLA: 15 Q Could you answer the question, please? 16 A Could you repeat it? 17 Q Yes, sir. 18 Did you ever receive any hard copies of 19 documents, pages, that you understood to have been 20 generated from the disc? 21 A Yes. 22 Q On how many separate occasions did you 23 receive pages in hard copy form that you understood to 24 have been generated from the disc? 25 A I would say less than 20. DRAFT !!!! NOT PROOFREAD EFTA00804190  30 1 Q Twenty occasions? 2 A Less than 20. 3 Q Let's go through each of those that you can 4 remember, and tell me about those occasions on which 5 you recall having received hard copies of pages which 6 you understood to have been generated from the disc. 7 A Have you asked a question? 8 Q Pardon me? 9 A Have you asked a question? 10 Q Yes. 11 A What's the question? 12 Q I want you to tell me about each of the 13 occasions -- we will start with the first one, 14 chronologically, when you received hard copies of pages 15 that you understood to have been generated from the 16 Fowler White disc that Mr. Link told you about in 17 February of 2018. 18 MR. LINK: Okay, you can answer that 19 specific question. It's a different 20 question. 21 THE WITNESS: Sometime in February I 22 was handed, from my attorneys, some 23 documents. Is what I recall. Some 24 documents from my attorneys. I was handed 25 some documents. DRAFT !!!! NOT PROOFREAD EFTA00804191  31 1 BY MR. SCAROLA: 2 Q Who specifically handed you those documents? 3 A Darren Indyke. 4 Q Where were you? 5 A I believe in New York. I can't be certain. 6 Q How many pages did Mr. Indyke hand you on 7 that occasion? 8 A Less than 100. 9 Q Were those pages accompanied by any cover 10 letter? 11 A Not that I recall. 12 Q Were they accompanied by any summary of the 13 contents? 14 A Not that I recall. 15 Q Were they accompanied by any index? 16 A Not that I recall. 17 Q What did Mr. Indyke tell you about the 18 documents when he gave him to you? 19 MR. LINK: I'm going to instruct you 20 not to answer that question based on 21 attorney-client privilege. 22 BY MR. SCAROLA: 23 Q What did you do with the documents when you 24 received them? 25 A I read them, to the best of my recollection. DRAFT !!!! NOT PROOFREAD EFTA00804192  32 1 Q Did you read them in their entirety? 2 A I don't recall. 3 Q What did the documents say? 4 Let me withdrew that question. 5 If you were asked to recount the content 6 of the documents, as you sit here today, would you 7 be able to describe the contents of the documents? 8 A Some of them, I think. 9 Q Approximately, how many documents are there 10 as to which you have the ability, as you sit here 11 today, to describe the contents? 12 A When you say documents, you mean pages? I'm 13 sorry? 14 Q Yes, sir. Pages. 15 A Well, I can remember the emails with respect 16 to Brad Edwards -- 17 Q Excuse me. Pardon me. I'm stopping you, 18 sir. That's no responsive to my question. And I don't 19 want you on this record to be disclosing the content of 20 any privileged documents. 21 My question is not to ask you to describe 22 the content of those privileged documents, but to 23 tell us how many pages of privileged material you 24 have retained a recollection of that would enable 25 you to describe that content as you sit here today. DRAFT !!!! NOT PROOFREAD EFTA00804193  33 1 So how many pages? 2 MR. LINK: You can answer that 3 question. 4 I want to note for the record that you 5 have made an assertion of privilege. We 6 have challenged that privilege. And no 7 court has ever made a determination that 8 they are, in fact, privileged. 9 With that statement, you have can 10 answer the question, if you can. 11 THE WITNESS: I'm sorry. Can you 12 repeat the question? 13 BY MR. SCAROLA: 14 Q Yes, sir. 15 As you sit here today, how many pages of 16 the documents that you received from Mr. Indyke -- 17 something less than 100 documents -- 18 A Yes. 19 Q -- would you be able to describe the contents 20 of? 21 A Again, I could describe the contents in 22 detail on some that I remember. I have generalizations 23 on others. 24 Q Let's break it down into two categories. How 25 many pages could you describe the contents of in DRAFT !!!! NOT PROOFREAD EFTA00804194  34 1 detail? 2 A Less than 10. 3 Q And how many pages could you describe the 4 contents of generally? 5 A Probably at least another 20. 6 Q Are you aware that a claim of privilege has 7 been asserted with regard to any of the documents that 8 you received from Darren Indyke? 9 MR. LINK: So, again, if you have 10 independent knowledge, separate and apart 11 from communications with your lawyers, you 12 can answer the question. 13 THE WITNESS: I have no independent 14 knowledge. 15 BY MR. SCAROLA: 16 Q Are you aware that a claim of privilege has 17 been asserted with regard to any of the documents or 18 pages that you received from Darren Indyke? 19 MR. LINK: Same instruction, 20 Mr. Epstein. 21 THE WITNESS: Outside of conversations 22 with my attorney, no. 23 BY MR. SCAROLA: 24 Q Regardless of where you received the 25 information from, are you aware that a claim of DRAFT !!!! NOT PROOFREAD EFTA00804195  35 1 privilege has been asserted with regard to any of those 2 documents? 3 MR. LINK: So, Mr. Epstein, the source 4 of information is important. If the source 5 of information are our communications or 6 communications with your lawyers, I do not 7 want you to disclose that. 8 If you have independent information -- 9 you have read something, you have seen 10 something outside of our communications -- 11 you answer the question. 12 THE WITNESS: I have no independent 13 knowledge. 14 BY MR. SCAROLA: 15 Q Do you have knowledge that you derived from 16 your lawyers? 17 MR. LINK: Generally or about the 18 topic? 19 MR. SCAROLA: About that specific 20 topic, the assertion of privilege with 21 regard to any documents. 22 MR. LINK: We are not going to disclose 23 any topics or anything that we talked about. 24 I am instructing you not to answer. 25 DRAFT !!!! NOT PROOFREAD EFTA00804196  36 1 BY MR. SCAROLA: 2 Q Have you ever seen a privileged log that 3 listed any of the documents that you received from 4 Mr. Indyke on that log? 5 A I don't recall. 6 Q Where did Mr. Indyke get the documents that 7 he delivered to you? 8 A I don't know. 9 Q How do you know that the documents Darren 10 Indyke delivered to you were documents that originated 11 on the disc? 12 A Outside of -- I have no independent 13 knowledge. 14 Q So that's information you received from your 15 lawyers? 16 A I have no independent knowledge. 17 Q That's not my question. 18 Is that information you received from your 19 lawyers? So they told you that the documents that 20 you received from Darren Indyke came from the Fowler 21 White disc, correct? 22 MR. LINK: I do not want you to 23 disclose your communications with your 24 lawyers. I am going to instruct you not to 25 disclose any information. DRAFT !!!! NOT PROOFREAD EFTA00804197  37 1 If you can answer any of his questions 2 based on your independent knowledge or 3 review independently from discussion with 4 your lawyers you can answer the question. 5 THE WITNESS: I have no independent 6 knowledge. 7 BY MR. SCAROLA: 8 Q Have you ever reviewed the transcripts of any 9 hearings that were held either in the circuit court, in 10 the bankruptcy proceeding, or before special master 11 Carney with regard the production of emails. 12 A I don't recall. 13 BY MR. SCAROLA: 14 Q I am going to hand you what I will mark as 15 Exhibit Number 2 to your deposition. It is an 16 affidavit that purports to have been signed by you and 17 filed in the circuit court proceedings in Palm Beach 18 County. 19 I would like you to take a look at that, 20 please. Tell me if you recognize that document. 21 (Defendants/Counter-Plaintiffs's Exhibit 22 Number 2 was marked for identification.) 23 MR. LINK: Mr. Scarola, do you have a 24 copy for me? 25 MR. SCAROLA: That's the only one I DRAFT !!!! NOT PROOFREAD EFTA00804198  38 1 have. 2 THE WITNESS: Okay. 3 BY MR. SCAROLA: 4 Q Is that your signature on that affidavit? 5 A Yes. 6 Q Did you, in fact, swear to the contents of 7 that document? 8 A Yes, sir. 9 Q You had told us there were something less 10 than 20 occasions in which you received documents that 11 had been originally contained on the Fowler White disc. 12 You told us about one of those occasions when 13 Mr. Indyke handed you documents. 14 What others do you remember? 15 MR. LINK: Object to the form. That 16 was not his testimony. That was the second 17 question that you asked. 18 The first question, I believe, was 19 general, as I made a statement thousands of 20 documents were produced. 21 MR. SCAROLA: Is this the legal 22 objection that you are making, Mr. Link? 23 MR. LINK: It is, Mr. Scarola. 24 MR. SCAROLA: Then please state the 25 legal basis of your objection, and don't DRAFT !!!! NOT PROOFREAD EFTA00804199  39 1 attempt to coach the witness. 2 MR. LINK: I'm not coaching the 3 witness. I'm correcting your misstatement. 4 MR. SCAROLA: That's fine. Your 5 objection is there is no proper predicate 6 for the question. 7 BY MR. SCAROLA: 8 Q Can you answer the question please? 9 MR. LINK: Mr. Scarola, I am going to 10 finish, please, my objection. Although, you 11 did a good job of disrupting my thought, 12 because I was on a roll there. 13 But in any event, your question -- 14 object to the form. It mistakes your prior 15 question and the witness's prior testimony. 16 THE WITNESS: Sorry. Could you ask it 17 again? 18 BY MR. SCAROLA: 19 Q How many other times -- or tell us about the 20 other times that you received information generated 21 from the Fowler White disc. 22