EFTA01112390.pdf

Case 9:08-cv-80119-KAM Document 213 Entered on FLSD Docket 07/20/2009 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO. 2, CASE NO: 08-CV-80119-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant JANE DOE NO. 3, CASE NO: 08-CV-80232-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant JANE DOE NO. 4, CASE NO: 08-CV-80380-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant EFTA01112390 Case 9:08-cv-80119-KAM Document 213 Entered on FLSD Docket 07/20/2009 Page 2 of 8 CASE NO: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 5, CASE NO: 08-CV-80381-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant JANE DOE NO. 6. CASE NO: 08-CV-80994-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant JANE DOE NO. 7, CASE NO: 08-CV-80993-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant 2 EFTA01112391 Case 9:08-cv-80119-KAM Document 213 Entered on FLSD Docket 07/20/2009 Page 3 of 8 CASE NO: 08-CV-80119-MARRA/JOHNSON CASE NO: 08-CV-80811-MARRA/JOHNSON C.M.A., Plaintiff vs. JEFFREY EPSTEIN, Defendant JANE DOE, CASE NO. 08-CV-80893-CIV-MARRA/JOHNSON Plaintiff, Vs. JEFFREY EPSTEIN, et al. Defendant. DOE II, CASE NO: 09-CV-80469-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, et al. Defendants. 3 EFTA01112392 Case 9:08-cv-80119-KAM Document 213 Entered on FLSD Docket 07/20/2009 Page 4 of 8 CASE NO: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 101, CASE NO: 09-CV-80591-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant JANE DOE NO. 102, CASE NO: 09-CV-80656-MARRA/JOHNSON Plaintiff vs. JEFFREY EPSTEIN, Defendant PLAINTIFF, JANE DOE'S MOTION TO PROVIDE RECENTLY-OBTAINED AFFIDAVIT OF JEFFREY E. EPSTEIN IN SUPPORT OF MATERIALS FACTS SUPPORTING MOTON FOR APPOINTMENT OF A RECEIVER TO TAKE CHARGE OF PROPERTY OF EPSTEIN Plaintiff, Jane Doe, hereby moves for leave to provide the recently-obtained Affidavit of Jeffrey E. Epstein in support of the Material Facts section of her Motion for Injunction Restraining Fraudulent Transfer of Assets (DE #165). On June 19, 2009, Jane Doe filed a motion asking the Court to appoint a receiver to take charge of the assets of defendant Jeffrey Epstein to block further fraudulent transfers of his assets. The motion began with a statement of Material Fact, including 4 EFTA01112393 Case 9:08-cv-80119-KAM Document 213 Entered on FLSD Docket 07/20/2009 Page 5 of 8 CASE NO: 08-CV-80119-MARRA/JOHNSON facts regarding defendant Epstein's phenomenal wealth, ownership of a Caribbean Island, international contacts, and financial sophistication. The motion was supported by an affidavit of Jane Doe's counsel. On July 13' 2009, defendant Epstein filed his response to the motion, arguing (among other things) that the affidavit supporting the material facts section was based on hearsay. While not contesting Jane Doe's Material Facts, Epstein argued that Jane Doe had failed to provide admissible evidence in support of those facts. On or about that same day, June 13, 2009, counsel for Jane Doe received a copy of a sworn affidavit filed by Jeffrey E. Epstein in a civil case in the Southern District of New York. In his sworn affidavit, Epstein admits the following facts that are relevant to Jane Doe's pending motion: • That he is President and Director of Financial Trust Company, Inc., a business that provides financial and business consulting services from the U.S. Virgin Islands to its clients. • That he has been a legal resident of the U.S. Virgin Islands since 1999, residing at Little St. James Island — a 70-acre island that he owns through a wholly-owned limited liability company. • From 1987 through the date of the affidavit, Epstein was one of Citibank's most important individual clients. • In 1999, Epstein and Citibank did a $10 million deal together, followed by another similar $10 million deal the next year. These deals involved Epstein borrowing $20 million from Citibank and then immediately reinvesting them in a fund that Citibank was touting. Of course, as admissions by Epstein, none of these statements are hearsay and they are all admissible against Epstein. See Fed. R. Evid. 801. And, because they all come from a sworn affidavit contained in the official court files of the United States 5 EFTA01112394 Case 9:08-cv-80119-KAM Document 213 Entered on FLSD Docket 07/20/2009 Page 6 of 8 CASE NO: 08-CV-80119-MARRA/JOHNSON District Court for the Southern District of New York, the Court can take judicial notice of their authenticity. See Fed. R. Evid. 201. Counsel for Jane Doe could not have provided this affidavit in support of its earlier motion, because it was not received until on or about July 13, 2009. For all these reasons, the Court should grant Jane Doe leave to supplement the support for her material facts with this newly-obtained affidavit of Jeffrey Epstein. DATED July 20, 2009 Respectfully Submitted, s/ Bradley J. Edwards Bradley J. Edwards ROTHSTEIN ROSENFELDT ADLER Las Olas City Centre 401 East Las Olas Blvd., Suite 1650 Fort Lauderdale, Florida 33301 Telephon Facsimile Florida Bar No.: 542075 E-mail: and Paul G. Cassell Pro Hac Vice 332 S. 1400 E. Salt Lake City, UT 84112 Telephone: Facsimile: E-Mail: 6 EFTA01112395 Case 9:08-cv-80119-KAM Document 213 Entered on FLSD Docket 07/20/2009 Page 7 of 8 CASE NO: 08-CV-80119-MARRA/JOHNSON CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 20, 2009, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically filed Notices of Electronic Filing. s/ Bradley J. Edwards Bradley J. Edwards 7 EFTA01112396 Case 9:08-cv-80119-KAM Document 213 Entered on FLSD Docket 07/20/2009 Page 8 of 8 CASE NO: 08-CV-80119-MARRAMOHNSON SERVICE LIST Jane Doe v. Jeffrey Epstein United States District Court, Southern District of Florida Jack Alan Goldber er Esq. Isidro Manual Garcia Jack Patrick Hill Katherine Warthen Ezell Michael James Pike Paul G. Cassell sait Rihr l- Robert C. Josefsber Adam D. Horowitz Stuart S. Mermelstein 8 EFTA01112397