EFTA00791924.pdf

Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 1 of 18 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CASE NO. 17 Civ 616 (JGK) JEFFREY EPSTEIN GHISLAINE MAXWELL, LE GROFF, AND ANSWER OF Defendant ■ by and through her counsel, answers and responds to Plaintiff ("Plaintiff' or " ") First Amended Complaint (the "Complaint"). PRELIMINARY STATEMENT' enjoys the same protections of the self-incrimination clause of the Fifth Amendment to the United States Constitution (the "Fifth Amendment") as do all other persons who are potentially subject to criminal prosecution in a jurisdiction in which the Fifth Amendment applies. It is express intent in this Answer to claim the fullest possible protection of the United States Constitution in responding to the Complaint. does not intend by any of her responses to waive such protection and requests that, in cases of any doubt or ambiguity, her response be construed as an assertion rather than a waiver of such privilege. also reserves her right to amend her responses without compromising her rights under the Fifth Amendment. is not required to respond to the headings set forth in the Complaint since they are not factual allegations. EFTA00791924  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 2 of 18 RESPONSE TO SPECIFIC ALLEGATIONS admits that the Plaintiff purports to bring this lawsuit pursuant to the statutes described in Paragraph I. 2. In response to the allegations in Paragraph 2, admits that the Plaintiff filed this lawsuit under a pseudonym purportedly for the reasons stated therein. 3. It appears that the allegations in Paragraph 3 are directed to an individual other than =, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 4. It appears that the allegations in Paragraph 4 are directed to an individual other than =, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 5. It appears that the allegations in Paragraph 5 are directed to an individual other than =, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 6. It appears that the allegations in Paragraph 6 are directed to an individual other than M, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 7. admits that she is a citizen of the United States. In response to the other allegations in Paragraph 7, asserts her rights under the Fifth Amendment and declines to answer. 8. It appears that the allegations in Paragraph 8 are directed to an individual other than to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 2 EFTA00791925  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 3 of 18 9. It appears that the allegations in Paragraph 9 state conclusions of law, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 10. It appears that the allegations in Paragraph 10 state conclusions of law, as to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. II. To the extent the allegations in Paragraph 11 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 12. It appears that the allegations in Paragraph 12 are directed to an individual other than =, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 13. It appears that the allegations in Paragraph 13 are directed to an individual other than M, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 14. To the extent the allegations in Paragraph 14 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 3 EFTA00791926  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 4 of 18 15. In response to the allegations in Paragraph 15, asserts her rights under the Fifth Amendment and declines to answer. 16. To the extent the allegations in Paragraph 16 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 17. To the extent the allegations in Paragraph 17 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 18. To the extent the allegations in Paragraph 18 concern =, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 19. To the extent the allegations in Paragraph 19 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 4 EFTA00791927  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 5 of 18 20. To the extent the allegations in Paragraph 20 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 21. To the extent the allegations in Paragraph 21 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 22. To the extent the allegations in Paragraph 22 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 23. It appears that the allegations in Paragraph 23 are directed to individuals other than =, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 24. To the extent the allegations in Paragraph 24 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 5 EFTA00791928  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 6 of 18 25. To the extent the allegations in Paragraph 25 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 26. To the extent the allegations in Paragraph 26 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 27. To the extent the allegations in Paragraph 27 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 28. To the extent the allegations in Paragraph 28 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 29. It appears that the allegations in Paragraph 29 are directed to an individual other than =, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 6 EFTA00791929  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 7 of 18 30. To the extent the allegations in Paragraph 30 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 31. To the extent the allegations in Paragraph 31 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 32. To the extent the allegations in Paragraph 32 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 33. To the extent the allegations in Paragraph 33 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 34. To the extent the allegations in Paragraph 34 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive 7 EFTA00791930  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 8 of 18 pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 35. It appears that the allegations in Paragraph 35 are directed to an individual other than ME, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 36. It appears that the allegations in Paragraph 36 are directed to individuals other than =, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 37. To the extent the allegations in Paragraph 37 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 38. To the extent the allegations in Paragraph 38 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 39. It appears that the allegations in Paragraph 39 are directed to individuals other than =, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 40. To the extent the allegations in Paragraph 40 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations 8 EFTA00791931  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 9 of 18 are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 41. To the extent the allegations in Paragraph 41 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 42. To the extent the allegations in Paragraph 42 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 43. To the extent the allegations in Paragraph 43 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 44. To the extent the allegations in Paragraph 44 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 9 EFTA00791932  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 10 of 18 45. To the extent the allegations in Paragraph 45 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 46. It appears that the allegations in Paragraph 46 are directed to individuals other than =, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 47. It appears that the allegations in Paragraph 47 are directed to individuals other than =, to which no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 48. To the extent the allegations in Paragraph 48 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 49. To the extent the allegations in Paragraph 49 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 50. To the extent the allegations in Paragraph 50 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations 10 EFTA00791933  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 11 of 18 are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 51. To the extent the allegations in Paragraph 51 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 52. To the extent the allegations in Paragraph 52 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 53. To the extent the allegations in Paragraph 53 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 54. To the extent the allegations in Paragraph 54 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 11 EFTA00791934  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 12 of 18 55. To the extent the allegations in Paragraph 55 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 56. To the extent the allegations in Paragraph 56 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 57. To the extent the allegations in Paragraph 57 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 58. To the extent the allegations in Paragraph 58 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 59. To the extent the allegations in Paragraph 59 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive 12 EFTA00791935  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 13 of 18 pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 60. To the extent the allegations in paragraph 60 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 61. To the extent the allegations in Paragraph 61 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 62. To the extent the allegations in Paragraph 62 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 63. To the extent the allegations in Paragraph 63 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 13 EFTA00791936  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 14 of 18 64. To the extent the allegations in Paragraph 64 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 65. To the extent the allegations in Paragraph 65 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 66. To the extent the allegations in Paragraph 66 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 67. In response to Paragraph 67, repeats and incorporates her responses to Paragraphs 1 through 66 of the Complaint. 68. To the extent the allegations in Paragraph 68 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 14 EFTA00791937  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 15 of 18 69. To the extent the allegations in Paragraph 69 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 70. To the extent the allegations in Paragraph 70 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 71. To the extent the allegations in Paragraph 71 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 72. To the extent the allegations in Paragraph 72 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 73. To the extent the allegations in Paragraph 73 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive 15 EFTA00791938  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 16 of 18 pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 74. It appears the allegations in Paragraph 74 state conclusion of law, as to which no response is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 75. To the extent the allegations in Paragraph 75 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 76. To the extent the allegations in Paragraph 76 concern conduct, asserts her rights under the Fifth Amendment and declines to answer. In so far as the allegations are directed to individuals other than and/or state conclusions of law, no responsive pleading is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. 77. It appears the allegations in Paragraph 77 state conclusion of law, as to which no response is required. To the extent a response is required, asserts her rights under the Fifth Amendment and declines to answer. DEFENSES By alleging the following defenses, does not assume any burden of proof, persuasion, or production not otherwise legally assigned to him. reserves all rights to assert other defenses as appropriate. First Defense The Complaint fails to state a claim upon which relief can be granted against 16 EFTA00791939  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 17 of 18 Second Defense Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations and/or laches. Third Defense Plaintiff failed to mitigate damages in whole or in part. Fourth Defense Plaintiff's claim is barred, in whole or in part, by the doctrines of assumption of risk, estoppel, unclean hands, waiver, consent and/or ratification. Fifth Defense Plaintiff's damages, if any, resulted from the acts or omissions of Plaintiff or third parties other than Sixth Defense The damages, if any, alleged in the Complaint were directly and proximately caused, in whole or in part, by superseding or intervening conduct for which cannot be held liable. Seventh Defense The conduct alleged does not constitute a violation, and is beyond the scope of the federal criminal anti-sex trafficking statutes upon which this suit is based, none of which are meant to regulate voluntary private relationships. Eighth Defense Plaintiff's claim is barred because Plaintiff was an educated, experienced and sophisticated individual who was free to associate and form relationships with anyone and free to terminate her association and relationships with anyone. Ninth Defense 17 EFTA00791940  Case 1:17-cv-00616-JGK Document 148 Filed 08/31/18 Page 18 of 18 Plaintiff's claim is barred because Plaintiff did not actually rely and did not detrimentally and/or reasonably rely upon any misrepresentations or omissions alleged in the Complaint. Tenth Defense This Court lacks personal jurisdiction over Eleventh Defense reserves the right to supplement this Answer and to assert other defenses, when and if they become appropriate in this action. PRAYER FOR RELIEF WHEREFORE, respectfully requests: A. judgment dismissing the First Amended Complaint with prejudice; and B. such other and further relief as this Court may deem just and proper. Dated: August 31, 2018 New York, New York STEPTOE & JOHNSON LLP By: /s/ Michael C. Miller Michael C. Miller Justin Y.K. Chu 1114 Avenue of the Americas New York, NY 10036 Telephone Facsimile: Attorneys for Defendant 18 EFTA00791941