EFTA01155855.pdf

Case 9:08-cv-80893-KAM Document 224 ILED0 Entered on FLSD Docket 12/27/F201 by III ,C DEC 2 7 2010 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE, CASE NO. 08-CV-80893-CIWMARRPJJOHNSON Plaintiff, vs. JEFFREY EPSTEIN, et al. Defendant. Related Cases: 08-80119, 08-80232.08-80380, 08-80381, 08-80994.08-80811, 08-80893.09-80469, 09-80591, 09-80656, 09-80802, 09.81092 ING, FINDING THAT PLAINTIFF JANE DOE'S EMERGENCY MOTION FOR A HEAR RS FORBIDDING ORDE EPSTEIN IS IN CIVIL CONTEMPT OF THE COURT'S TWO ATE SANCTIONS AND HARASSMENT AND INDIRECT CONTACT, FOR APPROPRI INAL CONTEMPT FOR CRIM ADDITIONAL REMEDIES INCLUDING REFERRAL y files this emergency Plaintiff, Jane Doe, through undersigned counsel, hereb in stands in civil contempt motion for a hearing and for an immediate finding that Epste Doe and Judge Palermo's of Judge Mana's order forbidding indirect contact with Jane for this Court for remedies order forbidding harassment of Jane Doe. Jane Doe asks Epstein follows this Courts and sanctions to provide for her safety and to insure that to the U.S. Attorney's Office orders (and an order of the state court), including a referral for prosecution of criminal contempt. Jane Doe In violation To put the matter bluntly, defendant Epstein is intimidating te investigator tail of three judicial no-contact orders. Last evening, he had a "priva EFTA01155855 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 2 of 26 CASE NO: 08-CV-80893-MARRA/JOHNSON driving when she Jane Doe — following her every move, stopping when she stopped, ultimately drove to her drove, refusing to pass when she pulled over. When Jane Doe ximately 25 feet from Jane home, the "private investigator then parked in his car appro the home. Even more Doe's house and flashed his high beam lights intermittently into home in the company of threateningly, at about 10:30 p.m., when Jane Doe fled her "private investigator" retired police officer employed by Jane Doe's counsel, the The retired officer was attempted to follow Jane Doe despite a request not to do so. d Jane Doe in a secure, successfully able to take evasive action and has place undisclosed location last night. Other harassing actions against Jane Doe also occurred yesterday. Intimidation from the Given the circumstances of this case, it is obvious that in thus stands in dear "private investigator" was instigated by billionaire Epstein. Epste long-standing and one entered violation of two, separate orders from this Court, one it necessary to state clearly yesterday. First, a year ago, this Court stated that it 'finds or indirect contact with any that Defendant is under this court's order not to have direct (emphasis added). plaintiffs . ." Order, Case no. 9:08-cv-80119, doc. #238 at 4-5 er order directing Jane Second, on top of this order, yesterday this Court entered anoth s one another in any way." Doe and Epstein "not to communicate, speak or haras ). Order, Case no. 9:08-cv-80893, doc. #193 at 2 (emphasis added -contact order entered Epstein's intimidation-by-surrogate also violates a no e Palm Beach Circuit Court during the course of his guilty pleas on June 30, 2008, befor have any contact, direct or Judge Deborah Dale Pucillo, who ordered Epstein "not to 2 EFTA01155856 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 3 of 26 CASE NO: 08-CV-80893-MARRADOHNSON -contact order applied to indirect" with any victims. She also expressly stated that her no 'all of the victims." s, Jane's Doe's counsel To protect her safety and to insure respect for court order accordingly request, on an emergency basis: , either In court or First, the Court should schedule an emergency hearing today contempt of the Court's via telephone, to consider whether Epstein stands in civil orders; in civil contempt of two Second, the Court should find that Epstein stands separate orders of this Court; impose such civil Third, the Court should then hear from Jane Doe directly and safely to her home or other contempt sanctions as it finds will enable Jane Doe to return sment or intimidation. place of safety without facing the threat of any further haras the Court should Fourth, as part of the sanction for Epstein's civil contempt, agents from having any expand its current protective order to forbid Epstein or his also with any of her family contact whatsoever, direct or indirect, with Jane Doe, but identified by Jane Doe members or friends, as well as with any persons who have been approval of the Court. as possible witnesses in her case, without first seeking specific with the Court in Fifth, the Court should direct Epstein's legal counsel to file that they have explained to advance of the mediation on Tuesday morning a certification s. him the consequences of any additional violations of the courts order 3 EFTA01155857 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 4 of 26 CASE NO: 08-CV-808934AARRAIJOHNSON attempt to follow or Sixth, Epstein should be directed not to have any agents settlement conference on surveil Jane Doe as she leaves the courthouse after the Tuesday or after any other court hearing; ions against Epstein Seventh, this Court should initiate criminal contempt sanct by referring a criminal for the violations of its two orders under Fed. R. Crim. P. 42(a), District of Florida; contempt action to the U.S. Attorney's Office for the Southern Attorney's Office for the Eighth, the Court should also refer this matter to the U.S. al offenses, Including Southern District of Florida for investigation of possible crimin as its position on violations witness tampering in violation of 18 U.S.C. § 1512(b) as well of the conditions of Epstein's non-prosecution agreement; and h Circuit Court Judge Ninth, the Court should refer this matter to Palm Beac over Epstein's probation for Deborah Dale Pucillo's criminal division presiding as well. consideration by her of whether Epstein has violated her order in's probation officer for Tenth, the Court should refer this matter to Epste determination of any violations of his probation. Jane Doe's counsel Eleventh, the Court should request that Epstein pay a fine to iated with relocating Jane Doe in the amount of $18,000 to cover any and all costs assoc and keeping her safe through her trial date. ssment order appears to Because Epstein's blatant defiance of this Court no-hara other witnesses in the case be designed by him to intimidate not only Jane Doe but also filing this Emergency (i.e., other young girls that he sexually abused), Jane Doe is Motion Under Seal. 4 EFTA01155858 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 5 of 26 CASE NO: 08-CV-8O893-MARRAIJOHNSON BACKGROUND the Court. They Counsel for Jane Doe proffer the following facts as officers of g which the Court proffer that they could prove these facts at any evidentiary hearin to this Court that they might decide to hold. Counsel for Jane Doe further represent have a genuine concern about the physical safety of their client. Facts Leading Up to the Entry of Three Protective Orders which involves The Court is familiar with the general circumstances of this case, punitive damages from Jane Doe's lawsuit seeking significant compensatory and in has pled guilty to state billionaire Jeffrey Epstein. The Court is also aware that Epste sex charges on June 30, 2008. Judge Deborah Dale When he pled guilty before Palm Beach Circuit Court indirect" with any victims. Pucillo, she ordered Epstein "not to have any contact, direct or to "all of the victims." The She also expressly stated that her no-contact order applied no. 9:08-cv-80119-KAM, relevant transcripts have been fled with this Court. (See case doc. #113 at 3 and exhibits thereto.) order, several of the To avoid any uncertainty about the scope of this state court Court filed a motion for an plaintiff/victims with suits pending against Epstein before this ting with them directly or order prohibiting defendant or his agents from communica ed these requests as indirectly. (Case No. 9:08-cv-80119, doc. #113.) Epstein oppos This Court, however, firmly 'needless, unwarranted and excessive." Doc. #127 at 5. its own no-contact overruled Epstein's objections. On July 31, 2009, this Court entered order (in addition to the state court order), ruling: 5 EFTA01155859 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 6 of 26 CASE NO: 08-CV-80893-MARRA/JOHNSON no contact order, In light of Defendants response to Plaintiffs motion for victims and suggesting that the state court's order only applies to some ct each other direct ly, the Court that parties are always allowed to conta s order is unde r this court' finds it necessary to state clearly that Defendant dless of the iffs, regar not to have direct or indirect contact with any plaint Intended scope of the state court court's order. Order, Doc. #238, at 4-5 (emphasis added). Doe to attend a Recently, with the case nearing trial, the Court ordered Jane concerns that the upcoming settlement conference on July 6, 2010. Jane Doe had to be used to harass and settlement conference, demanded by Epstein, was going n of Magistrate Judge intimidate her. See Plaintiff Jane Doe's Motion for Modificatio After a response from Palermo's Order Schedule settlement Conference. doc. #187. settlement conference to Epstein (doc. #191), the Court modified its order regarding the raph, the Court (Palermo, avoid harassment of Jane Doe. Significantly, in the final parag J.). starkly commanded: or harass one The parties am instructed not to communicate, speak tolerated. The be another in any way. Any violation of this Order will not SELV ES ACCO RDINGLY. parties are instructed to GOVERN THEM capitalization in original). This Case no. 9:08-cv-80893, Doc. #193 at 2 (italic added, PACER mess age sent to Order was entered at 3:29 p.m., EDT, according to the counsel in the case. Intimidating Activities on the Evening of July 1, 2010 sment of Jane Doe, In spite of three court orders forbidding contact and haras the rules. On the evening Epstein has (once again') shown his unwilingness to follow sane rules that apply to other ' For two other examples of Epstein's unwillingness to follow the of the 5t. Amendment, doc. :litigants, as Plaintiffs Motion in Limine to Prevent Improper Use 6 EFTA01155860 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 7 of 26 CASE NO: 08-CV-80893-MARNAIJOHNSON recent order, Jane Doe of July 1, 2010, sometime after the issuance of this Court's most license tag T-KNOLZ) left her house to go to the store and noticed a car (Infiniti SUV, into a driveway in a following her everywhere she went. Feeling frightened, she pulled ed past her, but the car nearby neighborhood at one point to allow the car to proce the person in the car pulled into the neighborhood and stopped nearby. It was clear known. Jane Doe pulled was following her and was intentionally making his presence car tailing close behind. Once out of the driveway and headed home, with this other person following in the Infiniti Jane Doe arrived to her house, she went inside and the her attorney expressing parked across the street outside her home. Jane Doe called She observed that the car kept her fear and asking what could be done to protect her. creeping closer to her home every once in awhile. d by Jane Doe's counsel, This intimidation of Jane Doe was so serious that, alerte nded to Jane Doe's home and a retired police officer called the police. The police respo te confronted the man in the car. The man told the police that he was "priva hired him, only that he was investigator? However he would not tell the police who had r appears to be Thaddeus hired to 'Watch" Jane Doe. The name of the investigato advised her that they did not Knowles. The police reported these facts to Jane Doe, but . (The police are also preparing have a legal basis to order him to leave the public street a report on the incident.) officer to go to Jane Counsel for Jane Doe then arranged for the retired police home at approximately 10 p.m. Doe's home. This retired officer arrived at Jane Doe's t during his deposition); doc. #190 #178 (recounting Epstein's misuse of the Fifth Amendmen (recounting Epstein's willful violations of discovery orders). 7 EFTA01155861 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 8 of 26 CASE NO: 08-CV-808934AARRA/JOHNSON , facing her home. He He immediately saw a car parked 25 feet from Jane Doe's home intermittently flashing his also observed the purported "private investigator' in the car high beam lights Into Jane Doe's home. The investigator was also intermittently attempting to videotape anyone inside the home. The retired police officer took home with his high beam videotapes of the investigator lighting up the interior of the as well. The videotape and lights, and also took photographs of this harassing action photographs could be provided quickly to the Court upon request. r determined that Jane After consulting with Jane Doe, the retired police office ed her physical safety and Doe felt like a prisoner in her own home and that she believ further believed that this that of her family was threatened if she remained there. She in. Jane Doe is not involved in intimidation was being orchestrated by defendant Epste would want to do something other litigation and is not aware of any other person who ed telephone calls from like this to her. Also, in the last 48 hours, Jane Doe has receiv s, knock ing on their doors and two ex-boyfriends that investigators were at their home se of this case. And, of trying to talk to them about Jane Doe — apparently becau days away and her trial is two- course, Jane Doe's settlement conference is just four and-half-weeks away. ed that it was best In light of Jane Doe's concerns, the retired police officer believ to pack a suitcase and leave to take Jane Doe from her home. He advised Jane Doe the home with him. took Jane Doe in his At approximately 10:30 p.m., the retired police officer then police officer advised the car and pulled up next to the "private Investigator." The retired 8 EFTA01155862 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 9 of 26 CASE NO: 08-CV-8089344ARRNJOHNSON er location and that he investigator that Jane Doe was leaving the home to go to anoth r attempted to follow the should not attempt to follow them. Nonetheless, the investigato home. The retired police retired police officer as they drove away from Jane Doe's er. officer then took evasive action and was able to elude his pursu ened. She knows that As a result of these activities, Jane Doe feels very threat this was not surreptitious she was followed for much of the day. She also know that thing about her, but rather surveillance by someone who was trying to discovery some was to make she that Jane quite visible surveillance by someone whose manifest intent over, he puled over; when Doe knew she was being followed. Thus, when she pulled such activities could be to she parked, he parked visibly close by. The only reason for may also be worth noting intimidate her on the eve of the court-ordered mediation. It and younger than the male that Jane Doe is a petite young woman, physically smaller private investigator who has been following her. Past intimidation of Witnesses By Epstein in has used scare The Court should be aware that this is not the first time Epste , despite numerous civil tactics to intimidate witnesses. Indeed, as the Court is aware the victims in those cases suits being filed against Epstein for sexual abuse, none of been advised that many of have felt able to proceed to trial. Counsel for Jane Doe have to trial. Jane Doe remains one these victims were afraid to take their cases all the way her case against Epstein but of only three victims who has had the temerity not to settle stand on her right to a jury trial. 9 EFTA01155863 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 10 of 26 CASE NO: 08-CV-80893-NIARRANONNSON place last night, In determining who is responsible for the intimidation that took documented examples this Court can consider all of the circumstances, including other of harassment by Epstein:2 of Investigators" to Previous use of 'investigators" to scare witnesses: The use tigators have in the past aggressively harass his victims is not new to Epstein, as inves them. See Palm Beach aggressively followed key witnesses to intimidate and scare Police Department Incident Report at p. 86 (Attached as Exhibit A). Victim-to-victim communication: One of Epstein's sexual abuse victims was Epstein's behalf regarding the relayed a message from another victim speaking on will be compensated and criminal investigation of Epstein in 2006: 'Those who help Department Incident Report, those who hurt will be dealt with.' See Palm Beach Police Id. at page 83. the FBI investigation Witness tampering during the federal investigation: During and harassed other possible of his sexual abuse of young girls, Epstein intimidated Marcinkova. Indeed, this witnesses against him — namely Sarah Kellen, and Nadia red draft federal charges intimidation was so serious that federal prosecutors prepa against him for witness tampering charges. (Attached as Composite Exhibit B) not filed. Ultimately, for reasons that are unclear, these charges were Threats Against Jane Doe 102: Epstein has even tracked down adverse age not to testify against witnesses as far away as Australia in the past to send the mess any event, the federal rules 2 The Federal Rules of Evidence do not apply to this motion and, insion about disputed events. authorize the Court to consider other bad acts in reach ing a conclu See Fed. R. Evid. 404(b). 10 EFTA01155864 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 11 of 26 CASE NO: 08-CV-80893-MARFtAMOHNSON Jane Doe 102 v. Epstein him regarding his illegal sexual exploits. See Complaint of (attached as Exhibit C) only person to have Threats Against Alfredo Rodriguez: Jane Doe is not the to Epstein's demands. received this impression that she is at risk if she does not accede Epstein who kept a "black The Court is familiar with Alfredo Rodriguez, an employee of abusing. See Criminal book' of the names of minor girls Epstein' was sexually #3). Rodriguez stated Complaint, U.S. v. Rodriguez, No. 9:10-CR-80015-KAM (doc. -disappear unless he had an that he was afraid that Jeffrey Epstein would make him "insurance policy- (i.e., the black book). Id. at 3. D, the affidavit of the Please find, for the Court's consideration as well Exhibit retired officer that assisted in protecting Jane Doe. al evidence pointing The Court can consider all of this information as circumstanti to intimidate Jane Doe before to only one conclusion: that defendant Epstein is trying is clear violation of the three court her upcoming settlement conference and trial. This orders outlined above. S TO RESPOND TO THE THE COURT SHOULD TAKE APPROPRIATE STEP E COURT TO A POSSIBLE VIOLATION OF ITS ORDERS AND TO ALER THE STAT VIOLATION OF ITS ORDER orders, two from Defendant Epstein is thumbing his nose at three separate court message billionaire Epstein is this Court and one from the state court. The threatening week or you are in danger. trying to send to Jane Doe is obvious: settle this case next The Court should not allow This is not the way in which a civil case should be litigated. course of justice. In entering defendant Epstein's wealth to be deployed to pervert the 11 EFTA01155865 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 12 of 26 CASE NO: 08-CV-808934.11ARFtNJOHNSON that ' iny violation of its most recent no harassment order, Judge Palermo indicated carry this Order will not be tolerated.' Jane Doe respectfully requests that the Court safely to her home. through on this promise and make it possible for her to return emergency basis: Jane Doe accordingly requests the following actions on an today, July 2, 2010. First, the Court should schedule an emergency hearing Epstein to learn whether either in court or via telephone with counsel for Jane Doe and usion that he stands in Epstein will challenge any of the foregoing facts and the concl e those factual questions civil contempt of this Courts orders and, if so, how to resolv proffer whether Epstein will rapidly. As part of that hearing, counsel for Epstein should and answer questions deny that he instigated the harassment that took place last night to answer such questions on about his involvement or whether instead he will refuse d thereafter conduct such grounds that they might incriminate hirn.3 The Court shoul usion about whether Epstein further fact-finding as it deems necessary to reach a concl Epstein an opportunity to be has violated the Courts orders, giving both Jane Doe and heard. civil contempt of two Second, the Court should find that Epstein stands in g direction -that Defendant separate orders of this Court: (1) Judge Marra's long-standin ct with any plaintiffs: Order, is under this court's order not to have direct or indirect conta ), and (2) Judge Palermo's case no. 9:08-cv-808119, doc. #238, at 4-5 (emphasis added of civil and then only later If, as Jane Doe suggests, the Court ultimately proceeds first by way the Fifth Amendment only in by way of criminal contempt, Epstein would be entitled to invoke Co., Inc., 480 F.3d 1234. the later criminal contempt proceedings. See Romero v. Drummond es to criminal contempt 1243 (111° Cir. 2007) (noting that the right to remain silent attach of tact can draw an adverse proceedings). Of course, in any civil proceeding, the finder inference from an invocation of the Fifth Amendment 12 EFTA01155866 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 13 of 26 CASE NO: 08-CV-808934NARRA/JOHNSON order yesterday that Jane Doe and Epstein mare instructed not to communicate, speak or harass one another In any way, Order, case no. 9:08-cv-80893, doc. #193, at 2 Third, the Court should then impose such civil contempt sanctions as it finds, after the hearing, will enable Jane Doe to return safely to her home (or, if necessary, other place of safety) without facing the threat of any further harassment or intimidation. See Serra Chevrolet, Inc. v. General Motors Corp., 446 F.3d 1137, 1147 (11th Cir. 2006) ('Civil contempt may be imposed in an ordinary civil proceeding upon notice and an opportunity to be heard?). As part of that determination, plaintiff Jane Doe respectfully requests an opportunity to be heard directly by the Court (either in person or via telephone) so that the Court will have the benefit of her specific concerns in crafting appropriate sanctions and remedies to make her feel safe to return to her home and to prevent further intimidation at the hands of Epstein. Fourth, as part of the sanction for Epstein's civil contempt, the Court should expand its current protective order so that forbids Epstein or his agents from not only having any contact whatsoever, direct or indirect, with Jane Doe, but also with any of her family members or friends, as well as with any persons who have been idented by Jane Doe as possible witnesses in her case, without first seeking specific approval of the Court. Fifth the Court should direct Epstein's legal counsel to file with the Court in advance of the mediation on Tuesday morning a certification that they have explained the requirements of all of these orders with him and have explained to him the serious consequences that could follow from of any additional violations of these orders. 13 EFTA01155867 Case 9:08-cv-80893-KAM Document 224 Entered on FLSD Docket 12/27/2010 Page 14 of 26 CASE NO: 08CV-80893-MARRA/JOHNSON pt to follow or Sixth Epstein should be directed not to have any agents attem settlement conference on surveil Jane Doe as she leaves the courthouse after the Tuesday or after any other court hearings or trial proceedings. against Epstein Seventh this Court should initiate criminal contempt sanctions in that the criminal for the violations of its two orders — and provide notice to Epste nal contempt sanctions sanctions could include a possible term of imprisonment. Crimi that which he has been are appropriate here because "the criminal contemnor has done ce is past, a completed act, commanded not to do. The criminal contemnor's disobedien sanction operates not to coerce a deed no sanction can undo. Accordingly, the criminal lainant, but to uphold the a future act from the defendant for the benefd of the comp ce." United Minor Workers dignity of the law, by punishing the contemnor's disobedien citations omitted). The dignity of America v. Bagwell, 512 U.S. 821, 845 (1994) (internal Epstein understands that, of the law needs to be upheld; this Court need to act to insure in the eyes of the law. In despite his vast wealth, he remains equal to everyone else s and intimidating Jane short, this Court needs to stop Epstein from flouting its order Doe; of the Court, the Court Because the contempt took place outside the presence P. 42(a); United States v. should proceed in nonsummary fashion. See Fed. R. Crim. procedures for such nonsummary Baldwin, 770 F.2d 1550, 1553 (11th Cir. 1985). The it has explained. "A federal criminal contempt are well settled. As the Eleventh Circu e its presence only after court may punish contemptuous conduct that occurs outsid charged criminal contempt, giving notice of the essential facts constituting the 14 EFTA01155868 Case 9:08-cv-80893-ICAM Document 224 Entered on FLSD Docket 12/27/2010 Page 15 of 26 CASE NO: 08-CV-80893-MARRAJJOHNSON for the government, and requesting that the contempt be prosecuted by an attorney Co., Inc., 480 F.3d 1234, affording other procedural protections.* Romero v. Drummond process by referring this 124243 (11th Cir. 2007). The Court should therefore begin the Florida or, t that office matter to the U.S. Attorney's Office for the Southern District of appropriate. See Fed. R. declines to pursue the matter, such other attorney as may be Crim. P. 42(aX2). possible witness Eiohth. because Epstein's actions appear to implicate bly other federal offenses, the tampering, in violation of 18 U.S.C. § 1512(b), and possi Office for the Southern Court should additionally refer this matter to the U.S. Attorney's District of Florida for a criminal investigation. Beach Circuit Court Judge Ninth, the Court should refer this matter to Palm Epstein's criminal probation for Deborah Dale Pucillo's criminal division presiding over order as well. consideration by her of whether Epstein has violated her in's probation officer for Tenth the Court should refer this matter to Epste determination of any violations of his probation. to Jane Doe's counsel Eleventh, the Court should request that Epstein pay a fine iated with relocating Jane Doe in the amount of $18,000 to cover an