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EXHIBIT C
Epstein vs. Edwards
Undisputed Statement of Facts
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IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
Case No.: 50 2009 CA 040800XXXXMBAG
JEFFREY EPSTEIN,
Plaintiff,
vs.
SCOTT ROTHSTEN, individually, and
BRADLEY J. EDWARDS, individually,
Defendants,
I
STATEMENT OF UNDISPUTED FACTS
Defendant Bradley J. Edwards, Esq., offers the following specific facts as the undisputed
material facts in this case. Each of the following facts is numbered separately and individually to
facilitate Epstein's required compliance with Fla. R. Civ. P. 1.510(c) ("The adverse party shall identify
. . . any summary judgment evidence on which the adverse party relies.").
Sexual Abuse of Children By Epstein
1. Defendant Epstein has a sexual preference for young children. Deposition of Jeffrey
Epstein, Mar. 17, 2010, at 110 (hereinafter "Epstein Depo.") (Deposition Attachment #1).1
2. Epstein repeatedly sexually assaulted more than forty (40) young girls on numerous
1 When questioned about this subject at his deposition, Epstein invoked his Fifth Amendment right to remain
silent rather than make an incriminating admission. Accordingly, Edwards is entitled to the adverse inference
against Epstein that, had Epstein answered, the answer would have been unfavorable to him. "[I]t is well-settled
that the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to
testify in response to probative evidence offered against them." Baxter v. Palmigiano, 425 U.S. 308, 318
(1976); accord Vasquez v. State, 777 So.2d 1200, 1203 (Fla. App. 2001). The reason for this rule "is both logical
and utilitarian. A party may not trample upon the rights of others and then escape the consequences by invoking
a constitutional privilege — at least not in a civil setting." Fraser v. Security and Inv. Corp., 615 So.2d 841, 842
(Fla. App. 1993).
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occasions between 2002 and 2005 in his mansion in West Palm Beach, Florida. These sexual assaults
included vaginal penetration. Epstein abused many of the girls dozens if not hundreds of times.
Epstein Depo. at 109 ("Q: How many times have you engaged in oral sex with females under the age
of 18?" A: [Invocation of the Fifth Amendment]); Deposition of Jane Doe, September 24, 2009 and
continued March 11, 2010, at 527 (minor girl sexually abused at least 17 times by Epstein) (hereinafter
"Jane Doe Depo") (Deposition Attachment #2); id. 564-67 (vaginal penetration by Epstein with his
finger), 568 (vaginal penetration by Epstein with a massager); Deposition of September 24,
2009, at 73 (hereinafter M. Depo") (Deposition Attachment #3) (describing the manner in which
Epstein abused her beginning when was 13 years old, touching her vagina with his fingers and
vibrator) at 74, line 12-13 (she was personally molested by Epstein more than 50 times), at 164, line
19-23 and 141, line 12-13 and 605, line 3-6 (describing that in addition to being personally molested
by Epstein she was paid $200 per underage girl she brought Epstein and she brought him more than
seventy (70) underage girls - she told him that she did not want to bring him any more girls and he
insisted that she continue to bring him underage girls); Deposition of., May 6, 2010 (hereinafter
Depo") (Deposition Attachment #4) at 115-116, 131 and 255 (describing Epstein's abuse of her
beginning at age 14 when he paid her for touching her vagina, inserting his fingers and using a vibrator
and he also paid her $200 for each other underage female. brought him to molest. She brought
him between 20 and 30 underage females); Deposition of Jane Doe #4, date (hereinafter "Jane Doe #4
Depo") (Deposition Attachment #5) at 32-34, and 136 (she describes first being taken to Epstein at 15
years old, "Being fingered by him, having him use a vibrator on [me], grabbing my nipples, smelling
my butt, jerking off in front of me, licking my clit, several times.").
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3. At all relevant times Edwards has had a good faith basis to conclude and did conclude2
that Epstein was able to access a large number of underage girls through a pyramid abuse scheme in
which he paid underage victims $200-$300 cash for each other underage victim that she brought to
him. See Palm Beach Police Incident Report at 87 (hereinafter "Incident Report") (Exhibit "A").3 The
Palm Beach Police Incident Report details Epstein's scheme for molesting underage females. Among
other things, the Incident Report outlines some of the experiences of other Epstein victims. When S.G,
a 14 year old minor at the time, was brought to Epstein's home, she was taken upstairs by a woman she
believed to be Epstein's assistant. The woman started to fix up the mom, putting covers on the
massage table and bringing lotions out. The "assistant" then left the room and tole. that Epstein
would be up in a second. Epstein walked over to
I and told her to take her clothes off in a stem
voice. S. states in the report she did not know what to do, as she was the only one there took
off her shirt, leaving her bra on. Epstein, then in a towel told her to take off everything.. removed
her pants leaving on her thong panties. Epstein then instructed. to give him a massage. Ain gave
Epstein a massage, Epstein turned around and masturbated. M. was so disgusted, she did not say
anything; Epstein told her she "had a really hot body." Id. at 14. In the report, a. admitted seeing
Jeffrey Epstein's penis and stated she thought Epstein was on steroids because he was a "really built
guy and his wee wee was very tiny." Id. at 15.
4. The exact number of minor girls who Epstein assaulted is known only to Epstein.
However, Edwards had a good faith basis to believe and did in fact believe that Epstein's victims were
substantially more than forty (40) in number. In addition to the deposition excerpts from two of his
many victims above about the number of underage girls brought to Epstein and the Palm Beach
2 In support of all assertions concerning the actions Edwards took, what Edwards learned in the course of his representation
of his clients, Edwards's good faith beliefs and the foundation for those beliefs, see Edwards Affidavit and specifically
paragraphs 25 and 25 of that Affidavit.
For clarity, depositions attached to this memorandum will be identified numerically as attachments #1, #2, #3, etc., while
exhibits attached to this memorandum will be identified alphabetically as exhibits A, B, C, etc.
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incident report, there is overwhelming proof that the number of underage girls molested by Epstein
through his scheme was in the hundreds. See Complaint, Jane Doe 102 v. Epstein, (hereinafter Jane
Doe 102 complaint) (Exhibit "B"); see also Deposition of Jeffrey Epstein, April 14, 2010, at 442, 443,
and 444 (Epstein invoking the 5th on questions about his daily abuse and molestation of children)
(Deposition Attachment #6).
5. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe that Epstein and his attorneys knew of the seriousness of the criminal investigation against him
and corresponded constantly with the United States Attorney's Office in an attempt to avoid the filing
of numerous federal felony offenses, which effort was successful. See Correspondence from U.S.
Attorney's Office to Epstein (hereinafter "U.S. Attorney's Correspondence") (Composite Exhibit "C)
(provided in discovery during the Jane Doe v. Epstein case).
6. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe that, more specifically, Epstein's attorneys knew of Epstein's scheme to recruit minors for sex
and also knew that these minors had civil actions that they could bring against him. In fact, there was
much communication between Epstein's attorneys and the United States Prosecutors in a joint attempt
to minimize Epstein's civil exposure. For example, on October 3, 2007, Assistant U.S. Attorney Marie
Villafaiia sent an email (attached hereto as Exhibit "D") to Jay Lefkowitz, counsel for Epstein, with
attached proposed letter to special master regarding handling numerous expected civil claims against
Epstein. The letter reads in pertinent part,
"The undersigned, as counsel for the United States of America and Jeffrey
Epstein, jointly write to you to provide information relevant to your service as a
Special Master in the selection of an attorney to represent several young women who
may have civil damages claims against Mr. Epstein. The U.S. Attorney's Office and
the Federal Bureau of Investigation (jointly referred to as the "United States") have
conducted an investigation of Jeffrey Epstein regarding his solicitation of minor
females in Palm Beach County to engage in prostitution. Mr. Epstein, through his
assistants, would recruit underage females to travel to his home in Palm Beach to
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engage in lewd conduct in exchange for money. Based upon the investigation, the
United States has identified forty (40) young women who can be characterized as
victims pursuant to 18 USC 2255. Some of those women went to Mr. Epstein's
home only once, some went there as much as 100 times or more. Some of the
women's conduct was limited to performing a topless or nude massage while Mr.
Epstein masturbated himself. For other women, the conduct escalated to full sexual
intercourse. As part of the resolution of the case, Epstein has agreed that he would
not contest jurisdiction in the Southern District of Florida for any victim who chose
to sue him for damages pursuant to 18 USC 2255. Mr. Epstein agreed to provide an
attorney for victims who elected to proceed exclusively pursuant to that section, and
agreed to waive any challenge to liability under that section up to an amount agreed
to by the parties. The parties have agreed to submit the selection of an attorney to a
Special Master...."
7. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe thEM. was, in fact, a victim of Epstein's criminal abuse because Si. was one of the minor
females that the United States Attorney's Office recognized as a victim. ■.'s sworn deposition
testimony and the adverse inference drawn from Epstein's refusal to testify confirm that Epstein began
sexually assaulting M. when she was 13 years old and continued to molest her on more than fifty
(50) occasions over three (3) years. Epstein Depo., Attachment #1, at 17 ("Q: Did you . . . ever engage
in any sexual conduct vinth..?" A: [Invocation of the Fifth Amendment].); see also Epstein Depo.,
April 14, 2010, Attachment #6, at 456 ("Q: a was an underage female that you first abused when she
was 13 years old; is that correct?" A: [Invocation of Fifth Amendment].)
8. Epstein was also given ample opportunity to explain why he engaged in sexual activity
with beginning when al. was 13 years old and why he has molested minors on an everyday
basis for years, and he invoked his 5th amendment right rather than provide explanation. See Epstein
Deposition, February 17, 2010, at 11-12, 30-31 (Deposition Attachment # 7).
9. Epstein also sexually assaulted U., beginning when she was 14 years old and did so
on numerous occasions. Seel. Depo., Attachment #4 at 215-216.
10. Mother of the minor girls Epstein sexually assaulted was Jane Doe; the abuse began
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when Jane Doe was 14 years old. Rather than incriminate himself, Epstein invoked the 5th amendment
to questions about him digitally penetrating Doe's vagina, using vibrators on her vagina and
masturbating and ejaculating in her presence. Epstein Depo., April 14, 2010, Attachment #6, at 420,
464, 468.
11. When Edwards's clients ., and Jane Doe were 13 or 14 years old, each was
brought to Epstein's home multiple times by another underage victim. Epstein engaged in one or more
of the following acts with each of the then-minor girls at his mansion: receiving a topless or
completely nude massage; using a vibrator on her vagina; masturbating in her presence; ejaculating in
her presence; touching her breast or buttocks or vagina or the clothes covering her sexual organs; and
demanding that she bring him other underage girls. Epstein and his co-conspirators used the telephone
to contact these girls to entice or induce them into going to his mansion for sexual abuse. Epstein also
mad' perform oral sex on him and was to perform sex acts orl (Epstein's live-
in sex slave) in Epstein's presence. See Plaintiff Jane Doe's Notice Regarding Evidence of Similar
Acts of Sexual Assault, filed in Jane Doe v. Epstein, No. 08-cv-80893 (S.D. Fla. 2010), as DE 197,
(hereinafter "Rule 413 Notice") (Exhibit "E"); Jane Doe Depo., Attachment #2, at 379-380; B.
Depo., Attachment #3, at 416; E.W. Depo, Attachment #4, at 205.
12. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe that yet another of the minor girls Epstein sexually assaulted was' When she was
approximately 15 years old, I. was brought to Epstein's home by another underage victim. While a
minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the
following acts with her while she was a minor at his house - topless or completely nude massage on
Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated
in her presence; Epstein also demanded that she bring him other underage girls. See Rule 413 Notice,
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Exhibit "E"; Incident Report, Exhibit "A."
13. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe that yet another girl Epstein sexually assault was 11. When she was approximately 16 years
old, she was brought to Epstein's home by another underage victim. While a minor, she was at
Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her
while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a
vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence;
Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to
perform sex acts on Epstein; made to perform sex acts on in Epstein's presence.
Epstein also forcibly raped this underage victim, as he held her head down against her will and pumped
his penis inside her while she was screaming "No". See Rule 413 Notice, Exhibit "E"; Incident Report,
Exhibit "A", at 41 (specifically discussing the rape):
in
table.
remembered that she climaxed and was removing herself from the massage
asked for a sheet of paper and drew the massage table in the master
bathroom and where Epstein, and she were. Epstein turned in on to her
stomach on the massage bed and inserted his penis into her vagina. [St] stated
Epstein began to pump his penis in her vagina. [S.] became upset over this. She said
her head was being held against the bed forcibly, as he continued to pump inside her.
She screamed no, and Epstein stopped ...."
II] ] advised there were times that she was so sore when she left Epstein's house.
advised she was ripped, torn, in her vagina area. I ] advised she had
i ty walking to the car after leaving the house because she was so sore."
14. Without detailing each fact known about Epstein's abuse of the many underage girls,
Edwards has had a good faith basis to believe and did in fact believe at all relevant times that Epstein
also abused other victims in ways closely similar to those described in the preceding paragraphs.
Epstein's additional victims include the following (among many other) young girlsallniampa,
These girls were between the ages of 13 and
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17 when Epstein abused them. See Rule 413 Notice, Exhibit E; Deposition of E.W., Deposition
Attachment #4.
15. One of Mr. Epstein's household employees, Mr. Alfredo Rodriguez, saw numerous
underage girls coming into Epstein's mansion for purported "massages." See Rodriguez Depo. at 242-
44 (Deposition Attachment #8). Rodriguez was aware that "sex toys" and vibrators were found in
Epstein's bedroom after the purported massages. Id. at 223-28. Rodriguez thought what Epstein was
doing was wrong, given the extreme youth of the girls he saw. Id. at 230-31.
16. Alfredo Rodriguez took a journal from Epstein's computer that reflected many of the
names of underage females Epstein abused across the country and the world, including locations such
as Michigan, California, West Palm Beach, New York, New Mexico, and Paris, France. See Journal
(hereinafter "The Journal" or "Holy Grail") (Exhibit "F") (identifying, among other Epstein
acquaintances, females that Rodriguez believes were underage under the heading labeled "Massages").
17. Rodriguez was later charged in a criminal complaint with obstruction of justice in
connection with trying to obtain $50,000 from civil attorneys pursuing civil sexual assault cases
against Epstein as payment for producing the book to the attorneys. See Criminal Complaint at 2, U.S.
v. Rodriguez, No. 9:10-CR-80015-KAM (S.D. Fla. 2010) (Exhibit "G"). Rodriguez stated he needed
money because the journal was his "property" and that he was afraid that Jeffrey Epstein would make
him "disappear" unless he had an "insurance policy" (i.e., the journal). Id. at 3. Because of the
importance of the information in the journal to the civil cases, Mr. Rodriguez called it "The Holy
Grail."
18. In the "Holy Grail" or "The Journal," among the many names listed (along with the
abused girls) are some of the people that Epstein alleges in his Complaint had "no connection
whatsoever" with the litigation in this case. See, e.g., Journal, Exhibit F, at 85 (Donald Trump); at 9
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(Bill Clinton phone numbers listed under "Doug Bands").
Federal Investigation and Plea Agreement With Epstein
19. In approximately 2005, the FBI and the U.S. Attorney's Office in the Southern District
of Florida learned of Epstein's repeated sexual abuse of minor girls. They began a criminal
investigation into federal offenses related to his crimes. See U.S. Attorney's Correspondence, Exhibit
20. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe that to avoid the Government learning about his abuse of minor girls, Epstein threatened his
employees and demanded that they not cooperate with the government. Epstein's aggressive witness
tampering was so severe that the United States Attorney's Office prepared negotiated plea agreements
containing these charges. For example, in a September 18, 2007, email from AUSA Villafaila to
Lefkowitz (attached hereto as Exhibit "H"), she attached the proposed plea agreement describing
Epstein's witness tampering as follows:
"UNITED STATES vs. JEFFREY EPSTEIN PLEA PROFFER"
On August 21, 2007, FBI Special Agents E. Nesbitt Kuyrkendall and Jason Richards
traveled to the home of Leslie Groff to serve her with a federal grand jury subpoena
with an investigation pending in the Southern District of Florida. Ms. Groff works as
the personal assistant of the defendant. Ms. Groff began speaking with the agents and
then excused herself to go upstairs to check on her sleeping child. While upstairs, Ms.
Groff telephoned the defendant, Jeffrey Epstein, and informed him that the FBI agents
were at her home. Mr. Epstein instructed Ms. Groff not to speak with the agents and
reprimanded her for allowing them into her home. Mr. Epstein applied pressure to keep
Ms. Groff from complying with the grand jury subpoenas that the agents had served
upon her. In particular, Mr. Epstein warned Ms. Groff against turning over documents
and electronic evidence responsive to the subpoena and pressured her to delay her
appearance before the grand jury in the Southern District of Florida. This conversation
occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in
the Southern District of Florida. His pilot had filed a flight plan showing the parties
were about to return to Teterboro, NJ. After the conversation with Ms. Groff, Mr.
Epstein became concerned that the FBI would try to serve his traveling companion,
Netelin—Mareirdereet with a similar grand jury subpoena. In fact, the agents were
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preparing to serve Ms. with a target letter when the flight landed in
Teterboro. Mr. Epstein then redirected his airplane, making the pilot file a new flight
plan to travel to the US Virgin Islands instead of the New York Cit area, thereby
keeping the Special Agents from serving the targliii , . During
the flight, the defendant verbally harassed Ms. a, harassing and pressuring
her not to cooperate with the grand jury's investigation, thereby hindering and
dissuading her from reporting the commission of a violation of federal law to a law
enforcement officer, namely, Special Agents of the FBI. Epstein also threatened and
harassed AMMO against cooperating against him as well.
21. Edwards learned that the Palm Beach police department investigation ultimately led to
the execution of a search warrant at Epstein's mansion in October 2005. See Police Incident Report,
Exhibit "A".
22. Edwards learned that at around the same time, the Palm Beach Police Department also
began investigating Epstein's sexual abuse of minor girls. They also collected evidence of Epstein's
involvement with minor girls and his obsession with training sex slaves, including pulling information
from Epstein's trash. Their investigation showed that Epstein ordered from Amazon.com on about
September 4, 2005, such books as: SM101: A Realistic Introduction, by Jay Wiseman; SlaveCraft:
Roadmaps for Erotic Servitude - Principles, Skills, and Tools, by Guy Baldwin; and Training with
Miss Abernathy: A Workbook for Erotic Slaves and Their Owners, by Christina Abernathy. See
Receipt for Sex Slave Books (Exhibit "I").
23. The Palm Beach incident reports provided Edwards with the names of numerous
witnesses that participated in Epstein's child molestation criminal enterprise and also provided
Edwards with some insight into how far-reaching Epstein's power was and how addicted Epstein was
to sex with children. See Incident Report, Exhibit "A".
24. The Palm Beach Police Department also collected Epstein's message pads, which
provided other names of people that also knew Epstein's scheme to molest children. See Message
Pads (Exhibit "J") (note: the names of underage females have been redacted to protect the anonymity
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of the underage sex abuse victims). Those message pads show clear indication that Epstein's staff was
frequently working to schedule multiple young girls between the ages of 12 and 16 years old literally
every day, often two or three times per day. Id.
25. In light of all of the information of numerous crimes committed by Epstein, Edwards
learned that the U.S. Attorney's Office began preparing the filing of federal criminal charges against
Epstein. For example, in addition to the witness tampering and money laundering charges the U.S.
Attorney's Office prepared an 82-page prosecution memo and a 53-page indictment of Epstein related
to his sexual abuse of children. On September 19, 2007, at 12:14 PM, AUSA Villafafia wrote to
Epstein's counsel, Jay Leflcowitz, "Jay - I hate to have to be firm about this, but we need to wrap this
up by Monday. I will not miss my indictment date when this has dragged on for several weeks already
and then, if things fall apart, be left in a less advantageous position than before the negotiations. I have
had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these
negotiations. There has to be an ending date, and that date is Monday." These and other
communications are within the correspondence attached as Composite Exhibit "C."
26. Edwards learned that rather than face the filing of federal felony criminal charges,
Epstein (through his attorneys) engaged in plea bargain discussions. As a result of those discussions,
on September 24, 2007, Epstein signed an agreement with the U.S. Attorney's Office for the Southern
District of Florida. Under the agreement, Epstein agreed to plead guilty to an indictment pending
against him in the 15th Judicial Circuit in and for Palm Beach County charging him with solicitation of
prostitution and procurement of minors for prostitution. Epstein also agreed that he would receive a
thirty month sentence, including 18 months of jail time and 12 months of community control. In
exchange, the U.S. Attorney's Office agreed not to pursue any federal charges against Epstein. See
Non-Prosecution Agreement (Exhibit "K").
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27. Part of the Non-Prosecution Agreement that Epstein negotiated was a provision in
which the federal government agreed not to prosecute Epstein's co-conspirators. The co-conspirators
procured minor females to be molested by Epstein. One of the co-conspirators -
even participated in the sex acts with minors (including I) and Epstein. See Incident Report,
Exhibit "A", at 40-42, 49-51; Deposition of /I 0, (hereinafter
Depo.") at 11 (Deposition attachment #9).
28. Under the Non-Prosecution Agreement, Epstein was to use his "best efforts" to enter
into his guilty pleas by October 26, 2007. However, Edwards learned that Epstein violated his
agreement with the U.S. Attorney's Office to do so and delayed entry of his plea. See Letter from U.S.
Attorney R. Alexander Acosta to Lilly Ann Sanchez, Dec. 19, 2007 (Exhibit "L").
29. On January 10, 2008 and again on May 30, 2008 E. and S. received letters from
the FBI advising them that "[Otis case is currently under investigation. This can be a lengthy process
and we request your continued patience while we conduct a thorough investigation." Letters attached
at Composite Exhibit "M". This document is evidence that the FBI did not notify M. andM. that a
plea agreement had already been reached that would block federal prosecution of Epstein. Nor did the
FBI notify... and 0. of any of the parts of the plea agreement. Nor did the FBI or other federal
authorities confer with E.W. and L.M. about the plea. See id.
30. In 2008, Edwards believed in good faith that criminal prosecution of Epstein was
extremely important to his clients.. an I. and that they desired to be consulted by the FBI
and/or other representatives of the federal government about the prosecution of Epstein. The letters
that they had received around January 10, 2008, suggested that a criminal investigation of Epstein was
on-going and that they would be contacted before the federal government reached any final resolution
of that investigation. See id.
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Edwards Agrees to Serve as Legal Counsel for Three Victims of Epstein's Sexual Assaults
31. In about April 2008, Bradley J. Edwards, Esq., was a licensed attorney in Florida,
practicing as a sole practitioner. As a former prosecutor, he was well versed in civil cases that
involved criminal acts, including sexual assaults. Three of the many girls Epstein had abused — M.,
, and Jane Doe — all requested that Edwards represent them civilly and secure appropriate
monetary damages against Epstein for repeated acts of sexual abuse while they were minor girls. Two
of the girls ( .) also requested that Edwards represent them in connection with a concern
that the Federal Bureau of Investigation (FBI) and U.S. Attorney's Office might be arranging a plea
bargain for the criminal offenses committed by Epstein without providing them the legal rights to
which they were entitled (including the right to be notified of plea discussions and the right to confer
with prosecutors about any plea arrangement). See Affidavit of Bradley J. Edwards, Esq. at ¶1 - 2, ¶4
(hereinafter "Edwards Affidavit") (Exhibit "N").
32. On June 13, 2008, attorney Edwards agreed to represent./.; on July 2, 2008, attorney
Edwards agreed to represent Jane Doe; and, on . attorney Edwards agreed to represent
■. in connection with the sexual assaults committed by Epstein and to insure that their rights as
victims of crimes were protected in the criminal process on-going against Epstein. Mr. Edwards and
his three clients executed written retention agreements. See id. at ¶2.
33. In mid June of 2008, Edwards contacted AUSA Villafaila to inform her that he
represented Jane Doe #1 and, later, Jane Doe #2. AUSA Villafafia did not advise that a plea agreement
had already been negotiated with Epstein's attorneys that would block federal prosecution. To the
contrary, AUSA Villafafia mentioned a possible indictment. AUSA Villafa0a did indicate that federal
investigators had concrete evidence and information that Epstein had sexually molested many
underage minor females, includin Jane Doe. See id. at ¶4.
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34. Edwards also requested from the U.S. Attorney's Office the information that they had
collected regarding Epstein's sexual abuse of his clients. However, the U.S. Attorney's Office,
declined to provide any such information to Edwards. It similarly declined to provide any such
information to the other attorneys who represented victims of Epstein's sexual assaults. At the very
least, this includes the items that were confiscated in the search warrant of Epstein's home, including
dildos, vibrators, massage table, oils, and additional message pads. See Property Receipt (Exhibit
35. On Friday, June 27, 2008, at approximately 4:15 p.m., AUSA Villafalia received a copy
of Epstein's proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m.,
Monday, June 30, 2008. AUSA Villafafia called Edwards to provide notice to his clients regarding the
hearing. AUSA Villafafia did not tell Attorney Edwards that the guilty pleas in state court would bring
an end to the possibility of federal prosecution pursuant to the plea agreement. See Edwards
Affidavit, Exhibit "N", at ¶6.
36. Under the Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771, victims of federal
crimes — includin — are entitled to basic rights during any plea bargaining process,
including the right to be treated with fairness, the right to confer with prosecutors regarding any plea,
and the right to be heard regarding any plea. The process that was followed leading to the non-
prosecution of Epstein violated these rights o See Emergency Petn. for Victim's
Enforcement of Crime Victim's Rights, No. 9:08-CV-80736-1CAM (S.D. Fla. 2008) (Exhibit "P").
37. Because of the violation of the CVRA, on July 7, 2008, Edwards filed an action in the
U.S. District Court for the Southern District of Florida, Case No. 9:08-CV-80736, seeking to enforce
the rights o . That action alleged that the U.S. Attorney's Office had failed to provide
slilli llmblothe rights to which they were entitled under the Act, including the right to be notified
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about a plea agreement and to confer with prosecutors regarding it. See id.
38. O , Edwards tooll with him to the hearing on the CVRA
action. It was only at this hearing that both victims learned for the first time that the plea deal was
already done with Epstein and that the criminal case against Epstein had been effectively terminated by
the U.S. Attorney's office. See Hearing Transcript, July 11, 2008 (Exhibit "Q").
39. Edwards learned that Jane Doe felt so strongly that the plea bargain was inappropriate
that she made her own determination to appear on a television program and exercise her First
Amendment rights to criticize the unduly lenient plea bargain Epstein received in a criminal case.
40. The CVRA action that Edwards filed was recently administratively closed and Edwards
filed a Motion to reopen that proceeding. See No. 9:08-CV-80736 (S.D. Fla.).
Epstein's Entry of Guilty Pleas to Sex Offenses
41. Ultimately, on June 30, 2008, in the Fifteenth Judicial Circuit in Palm Beach County,
Florida, defendant Epstein, entered pleas of "guilty" to various Florida state crimes involving the
solicitation of minors for prostitution and the procurement of minors for the purposes of prostitution.
See Plea Colloquy (Exhibit "R").
42. As a condition of that plea, and in exchange for the Federal Government not
prosecuting the Defendant, Epstein additionally entered into an agreement with the Federal
Government acknowledging that approximately thirty-four (34) other young girls could receive
payments from him under the federal statute providing for compensation to victims of child sexual
abuse, 18 U.S.C. § 2255. As had been agreed months before, the U.S. Attorney's Office did not
prosecute Epstein federally for his sexual abuse of these minor girls. See Addendum to Non-
Prosecution Agreement (Exhibit "5") (in redacted form to protect the identities of the minors
involved).
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43. Because Epstein became a convicted sex offender, he was not to have contact with any
of his victims. During the course of his guilty pleas on June 30, 2008, Palm Beach Circuit Court Judge
Deborah Dale Pucillo ordered Epstein "not to have any contact, direct or indirect" with any victims.
She also expressly stated that her no-contact order applied to "all of the victims." Similar orders were
entered by the federal court handling some of the civil cases against Epstein. The federal court stated
that it "fords it necessary to state clearly that Defendant is under this court's order not to have direct or
indirect contact with any plaintiffs . . .." Order, Case No. 9:08-cv-80119 (S.D. Fla. 2008), [DE 238] at
4-5 (emphasis added); see also Order, Case No. 9:08-cv-80893, [DE 193] at 2 (emphasis added).
Edwards Files Civil Suits Against Epstein
44. Edwards had a good faith belief that his clients felt angry and betrayed by the criminal
system and wished to prosecute and punish Epstein for his crimes against them in whatever avenue
remained open to them. On August 12, 2008, at the request of his client Jane Doe, Brad Edwards filed
a civil suit against Jeffrey Epstein to recover damages for his sexual assault of Jane Doe. See Edwards
Affidavit, "N" at ¶7. Included in this complaint was a RICO count that explained how Epstein ran a
criminal conspiracy to procure young girls for him to sexually abuse. See Complaint, Jane Doe v.
Epstein (Exhibit "T").
45. On a, at the request of his client E., Brad Edwards filed a civil suit
against Jeffrey Epstein to recover damages for his sexual assault one Complaint, E. v.
Epstein (Exhibit "U").
46. On at the request of his client In., Brad Edwards filed a civil suit
against Jeffrey Epstein to recover damages for his sexual assault of See Complaint, 1■ v.
Epstein, (Exhibit "V").
47. Jane Doe's federal complaint indicated that she sought damages of more than $50,000,000.
16
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Listing the amount of damages sought in the complaint was in accord with other civil suits that were
filed against Epstein (before any lawsuit filed by Edwards). See Complaint, Jane Doe #4 v. Epstein
(Exhibit "W") (filed by Herman and Mermelstein, PA).
48. At about the same time as Edwards filed his three lawsuits against Epstein, other civil
attorneys were filing similar lawsuits against Epstein. For example, on or about April 14, 2008 another
law firm, Herman and Mermelstein, filed the first civil action against Epstein on behalf of one of its
seven clients who were molested by Epstein. The complaints that attorney Herman filed on behalf of
his seven clients were similar in tenor and tone to the complaint that Edwards filed on behalf of his
three clients. See id.
49. Over the next year and a half, more than 20 other similar civil actions were filed by various
attorneys against Epstein alleging sexual assault of minor girls. These complaints were also similar in
tenor and tone to the complaint that Edwards filed on behalf of his clients. These complaints are all
public record and have not been attached, but are available in this Court's files and the files of the U.S.
District Court for the Southern District of Florida.
50. In addition to the complaints filed against Epstein in Florida, a female in New York, Mi
filed a lawsuit against Epstein in New York making similar allegations - that Epstein paid her
for a massage then forced her to give him oral sex and molested her in other ways when she was only
16 years old. was born a M, and in her complaint she alleges that Epstein told her during
the "massage", "I love how young you are. You have a tight butt like a baby". See Jeff Epstein Sued
for "Repeated Sexual Assaults" on Teen, New York Post, October 17, 2007, by Dareh Gregorian, link
at:
http://www.nypost.com/n/news/regionallitem 44z1WvLUFH7RIOUtKYGPbP:isessionid=6CA3EBF1
BEF68F5DE14BFB2CAA5C37E0. See Article attached hereto as Exhibit "X".
17
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51. Edwards's three complaints against Epstein contained less detail about sexual abuse
than (as one example) a complaint filed by attorney Robert Josephsberg from the law firm of Podhurst
Orseck. See Complaint, Jane Doe 102 v. Epstein (Exhibit "B"). As recounted in detail in this
Complaint, Jane Doe 102 was 15 years old when Ghislaine Maxwell discovered her and lured her to
Epstein's house. Maxwell and Epstein forced her to have sex with both of them and within weeks
Maxwell and Epstein were flying her all over the world. According to the Complaint, Jane Doe 102
was forced to live as one of Epstein's underage sex slaves for years and was forced to have sex with
not only Maxwell and Epstein but also other politicians, businessmen, royalty, academicians, etc. She
was even made to watch Epstein have sex with three 12-year-old French girls that were sent to him for
his birthday by a French citizen that is a friend of Epstein's. Luckily, Jane Doe 102 escaped to
la to get away from Epstein and Maxwell's sexual abuse.
52. Edwards learned that in addition to civil suits that were filed in court against Epstein, at
around the same time other attorneys engaged in pre-filing settlement discussions with Epstein. Rather
than face filed civil suits in these cases, Epstein paid money settlements to more than 15 other women
who had sexually abused while they were minors. See articles regarding settlements attached hereto as
Composite Exhibit "Y."
Epstein's Obstruction ofNormal Discovery and Attacks on His Victims
53. Once Edwards filed his civil complaints for his three clients, he began the normal
process of discovery for cases such as these. He sent standard discovery requests to Epstein about his
sexual abuse of the minor girls, including requests for admissions, request for production, and
interrogatories. See Edwards Affidavit, Exhibit "N", at ¶¶l 1-19 and 25.
Rather than answer any substantive questions about his sexual abuse and his conspiracy for procuring
minor girls for him to abuse, Epstein invoked his 5th amendment right against self-incrimination. An
IS
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example of Epstein's refusal to answer is attached as Composite Exhibit "Z" (original discovery
propounded to Epstein and his responses invoking 5th amendment).
54. During the discovery phase of the civil cases filed against Epstein, Epstein's deposition
was taken at least five times. During all of those depositions, Epstein refused to answer any
substantive questions about his sexual abuse of minor girls. See, e.g., Deposition Attachments 1, 6 and
7.
55. During these depositions, Epstein further attempted to obstruct legitimate questioning
by inserting a variety of irrelevant information about his case. As one of innumerable examples, on
March 8, 2010, Mr. Horowitz, representing seven victims, Jane Doe's 2-8, asked, "Q: In 2004, did you
rub Jane Doe 3's vagina? A: Excuse me. I'd like to answer that question, as I would like to answer
mostly every question you've asked me here today; however, upon advice of counsel, I cannot answer
that question. They've advised me I must assert my Sixth Amendment, Fifth Amendment and
Fourteenth Amendment Rights against self--excuse me, against--under the Constitution. And though
your partner, Jeffrey Herman, was disbarred after filing this lawsuit [a statement that was untrue], Mr.
Edwards' partner sits in jail for fabricating cases of a sexual nature fleecing unsuspecting Florida
investors and others out of millions of dollars for cases of a sexual nature with--I'd like to answer your
questions; however if I--I'm told that if I do so, I risk losing my counsel's representation; therefore I
must accept their advice." Epstein deposition, March 8, 2010, at 106 (Deposition attachment #10).
56. When Edwards had the opportunity to take Epstein's deposition, he only asked
reasonable questions, all of which related to the merits of the cases against Epstein. All depositions of
Epstein in which Mr. Edwards participated on behalf of his clients are attached to this motion. See
Edwards Affidavit, Exhibit "N" at ¶11 and Deposition attachments #1, 6, 7, 10, 11, 12, and 13. Cf.
with Deposition of Epstein taken by an attorney representing BB (one in which Edwards was not
19
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participating), http://www.voutube.com/watch?v=V-dqoEvflx4; and
http://www.voutube.com/watch?v=YCNiY1tW-r0
57. Edwards's efforts to obtain information about Epstein's organization for procuring
young girls was also blocked because Epstein's co-conspirators took the Fifth. Deposition of
(hereinafter Mepo.") (Deposition attachment #14); Deposition of
(Deposition attachment #9); Deposition o
(hereinafter Depo.") (Deposition attachment #15). Each of these co-
conspirators invoked their respective rights against self-incrimination as to all relevant questions, and
the depositions have been attached.
58. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe was an employee of Epstein's and had been identified as a defendant in at least
one of the complaints against Epstein for her role in bringing girls to Epstein's mansion to be abused.
At the deposition, she was represented by She invoked the Fifth on all substantive
questions regarding her role in arranging for minor girls to come to Epstein's mansion to be sexually
abused. a
EXHIBIT C
Epstein vs. Edwards
Undisputed Statement of Facts
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IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
Case No.: 50 2009 CA 040800XXXXMBAG
JEFFREY EPSTEIN,
Plaintiff,
vs.
SCOTT ROTHSTEN, individually, and
BRADLEY J. EDWARDS, individually,
Defendants,
I
STATEMENT OF UNDISPUTED FACTS
Defendant Bradley J. Edwards, Esq., offers the following specific facts as the undisputed
material facts in this case. Each of the following facts is numbered separately and individually to
facilitate Epstein's required compliance with Fla. R. Civ. P. 1.510(c) ("The adverse party shall identify
. . . any summary judgment evidence on which the adverse party relies.").
Sexual Abuse of Children By Epstein
1. Defendant Epstein has a sexual preference for young children. Deposition of Jeffrey
Epstein, Mar. 17, 2010, at 110 (hereinafter "Epstein Depo.") (Deposition Attachment #1).1
2. Epstein repeatedly sexually assaulted more than forty (40) young girls on numerous
1 When questioned about this subject at his deposition, Epstein invoked his Fifth Amendment right to remain
silent rather than make an incriminating admission. Accordingly, Edwards is entitled to the adverse inference
against Epstein that, had Epstein answered, the answer would have been unfavorable to him. "[I]t is well-settled
that the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to
testify in response to probative evidence offered against them." Baxter v. Palmigiano, 425 U.S. 308, 318
(1976); accord Vasquez v. State, 777 So.2d 1200, 1203 (Fla. App. 2001). The reason for this rule "is both logical
and utilitarian. A party may not trample upon the rights of others and then escape the consequences by invoking
a constitutional privilege — at least not in a civil setting." Fraser v. Security and Inv. Corp., 615 So.2d 841, 842
(Fla. App. 1993).
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occasions between 2002 and 2005 in his mansion in West Palm Beach, Florida. These sexual assaults
included vaginal penetration. Epstein abused many of the girls dozens if not hundreds of times.
Epstein Depo. at 109 ("Q: How many times have you engaged in oral sex with females under the age
of 18?" A: [Invocation of the Fifth Amendment]); Deposition of Jane Doe, September 24, 2009 and
continued March 11, 2010, at 527 (minor girl sexually abused at least 17 times by Epstein) (hereinafter
"Jane Doe Depo") (Deposition Attachment #2); id. 564-67 (vaginal penetration by Epstein with his
finger), 568 (vaginal penetration by Epstein with a massager); Deposition of September 24,
2009, at 73 (hereinafter M. Depo") (Deposition Attachment #3) (describing the manner in which
Epstein abused her beginning when was 13 years old, touching her vagina with his fingers and
vibrator) at 74, line 12-13 (she was personally molested by Epstein more than 50 times), at 164, line
19-23 and 141, line 12-13 and 605, line 3-6 (describing that in addition to being personally molested
by Epstein she was paid $200 per underage girl she brought Epstein and she brought him more than
seventy (70) underage girls - she told him that she did not want to bring him any more girls and he
insisted that she continue to bring him underage girls); Deposition of., May 6, 2010 (hereinafter
Depo") (Deposition Attachment #4) at 115-116, 131 and 255 (describing Epstein's abuse of her
beginning at age 14 when he paid her for touching her vagina, inserting his fingers and using a vibrator
and he also paid her $200 for each other underage female. brought him to molest. She brought
him between 20 and 30 underage females); Deposition of Jane Doe #4, date (hereinafter "Jane Doe #4
Depo") (Deposition Attachment #5) at 32-34, and 136 (she describes first being taken to Epstein at 15
years old, "Being fingered by him, having him use a vibrator on [me], grabbing my nipples, smelling
my butt, jerking off in front of me, licking my clit, several times.").
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3. At all relevant times Edwards has had a good faith basis to conclude and did conclude2
that Epstein was able to access a large number of underage girls through a pyramid abuse scheme in
which he paid underage victims $200-$300 cash for each other underage victim that she brought to
him. See Palm Beach Police Incident Report at 87 (hereinafter "Incident Report") (Exhibit "A").3 The
Palm Beach Police Incident Report details Epstein's scheme for molesting underage females. Among
other things, the Incident Report outlines some of the experiences of other Epstein victims. When S.G,
a 14 year old minor at the time, was brought to Epstein's home, she was taken upstairs by a woman she
believed to be Epstein's assistant. The woman started to fix up the mom, putting covers on the
massage table and bringing lotions out. The "assistant" then left the room and tole. that Epstein
would be up in a second. Epstein walked over to
I and told her to take her clothes off in a stem
voice. S. states in the report she did not know what to do, as she was the only one there took
off her shirt, leaving her bra on. Epstein, then in a towel told her to take off everything.. removed
her pants leaving on her thong panties. Epstein then instructed. to give him a massage. Ain gave
Epstein a massage, Epstein turned around and masturbated. M. was so disgusted, she did not say
anything; Epstein told her she "had a really hot body." Id. at 14. In the report, a. admitted seeing
Jeffrey Epstein's penis and stated she thought Epstein was on steroids because he was a "really built
guy and his wee wee was very tiny." Id. at 15.
4. The exact number of minor girls who Epstein assaulted is known only to Epstein.
However, Edwards had a good faith basis to believe and did in fact believe that Epstein's victims were
substantially more than forty (40) in number. In addition to the deposition excerpts from two of his
many victims above about the number of underage girls brought to Epstein and the Palm Beach
2 In support of all assertions concerning the actions Edwards took, what Edwards learned in the course of his representation
of his clients, Edwards's good faith beliefs and the foundation for those beliefs, see Edwards Affidavit and specifically
paragraphs 25 and 25 of that Affidavit.
For clarity, depositions attached to this memorandum will be identified numerically as attachments #1, #2, #3, etc., while
exhibits attached to this memorandum will be identified alphabetically as exhibits A, B, C, etc.
3
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incident report, there is overwhelming proof that the number of underage girls molested by Epstein
through his scheme was in the hundreds. See Complaint, Jane Doe 102 v. Epstein, (hereinafter Jane
Doe 102 complaint) (Exhibit "B"); see also Deposition of Jeffrey Epstein, April 14, 2010, at 442, 443,
and 444 (Epstein invoking the 5th on questions about his daily abuse and molestation of children)
(Deposition Attachment #6).
5. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe that Epstein and his attorneys knew of the seriousness of the criminal investigation against him
and corresponded constantly with the United States Attorney's Office in an attempt to avoid the filing
of numerous federal felony offenses, which effort was successful. See Correspondence from U.S.
Attorney's Office to Epstein (hereinafter "U.S. Attorney's Correspondence") (Composite Exhibit "C)
(provided in discovery during the Jane Doe v. Epstein case).
6. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe that, more specifically, Epstein's attorneys knew of Epstein's scheme to recruit minors for sex
and also knew that these minors had civil actions that they could bring against him. In fact, there was
much communication between Epstein's attorneys and the United States Prosecutors in a joint attempt
to minimize Epstein's civil exposure. For example, on October 3, 2007, Assistant U.S. Attorney Marie
Villafaiia sent an email (attached hereto as Exhibit "D") to Jay Lefkowitz, counsel for Epstein, with
attached proposed letter to special master regarding handling numerous expected civil claims against
Epstein. The letter reads in pertinent part,
"The undersigned, as counsel for the United States of America and Jeffrey
Epstein, jointly write to you to provide information relevant to your service as a
Special Master in the selection of an attorney to represent several young women who
may have civil damages claims against Mr. Epstein. The U.S. Attorney's Office and
the Federal Bureau of Investigation (jointly referred to as the "United States") have
conducted an investigation of Jeffrey Epstein regarding his solicitation of minor
females in Palm Beach County to engage in prostitution. Mr. Epstein, through his
assistants, would recruit underage females to travel to his home in Palm Beach to
4
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engage in lewd conduct in exchange for money. Based upon the investigation, the
United States has identified forty (40) young women who can be characterized as
victims pursuant to 18 USC 2255. Some of those women went to Mr. Epstein's
home only once, some went there as much as 100 times or more. Some of the
women's conduct was limited to performing a topless or nude massage while Mr.
Epstein masturbated himself. For other women, the conduct escalated to full sexual
intercourse. As part of the resolution of the case, Epstein has agreed that he would
not contest jurisdiction in the Southern District of Florida for any victim who chose
to sue him for damages pursuant to 18 USC 2255. Mr. Epstein agreed to provide an
attorney for victims who elected to proceed exclusively pursuant to that section, and
agreed to waive any challenge to liability under that section up to an amount agreed
to by the parties. The parties have agreed to submit the selection of an attorney to a
Special Master...."
7. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe thEM. was, in fact, a victim of Epstein's criminal abuse because Si. was one of the minor
females that the United States Attorney's Office recognized as a victim. ■.'s sworn deposition
testimony and the adverse inference drawn from Epstein's refusal to testify confirm that Epstein began
sexually assaulting M. when she was 13 years old and continued to molest her on more than fifty
(50) occasions over three (3) years. Epstein Depo., Attachment #1, at 17 ("Q: Did you . . . ever engage
in any sexual conduct vinth..?" A: [Invocation of the Fifth Amendment].); see also Epstein Depo.,
April 14, 2010, Attachment #6, at 456 ("Q: a was an underage female that you first abused when she
was 13 years old; is that correct?" A: [Invocation of Fifth Amendment].)
8. Epstein was also given ample opportunity to explain why he engaged in sexual activity
with beginning when al. was 13 years old and why he has molested minors on an everyday
basis for years, and he invoked his 5th amendment right rather than provide explanation. See Epstein
Deposition, February 17, 2010, at 11-12, 30-31 (Deposition Attachment # 7).
9. Epstein also sexually assaulted U., beginning when she was 14 years old and did so
on numerous occasions. Seel. Depo., Attachment #4 at 215-216.
10. Mother of the minor girls Epstein sexually assaulted was Jane Doe; the abuse began
5
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when Jane Doe was 14 years old. Rather than incriminate himself, Epstein invoked the 5th amendment
to questions about him digitally penetrating Doe's vagina, using vibrators on her vagina and
masturbating and ejaculating in her presence. Epstein Depo., April 14, 2010, Attachment #6, at 420,
464, 468.
11. When Edwards's clients ., and Jane Doe were 13 or 14 years old, each was
brought to Epstein's home multiple times by another underage victim. Epstein engaged in one or more
of the following acts with each of the then-minor girls at his mansion: receiving a topless or
completely nude massage; using a vibrator on her vagina; masturbating in her presence; ejaculating in
her presence; touching her breast or buttocks or vagina or the clothes covering her sexual organs; and
demanding that she bring him other underage girls. Epstein and his co-conspirators used the telephone
to contact these girls to entice or induce them into going to his mansion for sexual abuse. Epstein also
mad' perform oral sex on him and was to perform sex acts orl (Epstein's live-
in sex slave) in Epstein's presence. See Plaintiff Jane Doe's Notice Regarding Evidence of Similar
Acts of Sexual Assault, filed in Jane Doe v. Epstein, No. 08-cv-80893 (S.D. Fla. 2010), as DE 197,
(hereinafter "Rule 413 Notice") (Exhibit "E"); Jane Doe Depo., Attachment #2, at 379-380; B.
Depo., Attachment #3, at 416; E.W. Depo, Attachment #4, at 205.
12. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe that yet another of the minor girls Epstein sexually assaulted was' When she was
approximately 15 years old, I. was brought to Epstein's home by another underage victim. While a
minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the
following acts with her while she was a minor at his house - topless or completely nude massage on
Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated
in her presence; Epstein also demanded that she bring him other underage girls. See Rule 413 Notice,
6
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Exhibit "E"; Incident Report, Exhibit "A."
13. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe that yet another girl Epstein sexually assault was 11. When she was approximately 16 years
old, she was brought to Epstein's home by another underage victim. While a minor, she was at
Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her
while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a
vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence;
Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to
perform sex acts on Epstein; made to perform sex acts on in Epstein's presence.
Epstein also forcibly raped this underage victim, as he held her head down against her will and pumped
his penis inside her while she was screaming "No". See Rule 413 Notice, Exhibit "E"; Incident Report,
Exhibit "A", at 41 (specifically discussing the rape):
in
table.
remembered that she climaxed and was removing herself from the massage
asked for a sheet of paper and drew the massage table in the master
bathroom and where Epstein, and she were. Epstein turned in on to her
stomach on the massage bed and inserted his penis into her vagina. [St] stated
Epstein began to pump his penis in her vagina. [S.] became upset over this. She said
her head was being held against the bed forcibly, as he continued to pump inside her.
She screamed no, and Epstein stopped ...."
II] ] advised there were times that she was so sore when she left Epstein's house.
advised she was ripped, torn, in her vagina area. I ] advised she had
i ty walking to the car after leaving the house because she was so sore."
14. Without detailing each fact known about Epstein's abuse of the many underage girls,
Edwards has had a good faith basis to believe and did in fact believe at all relevant times that Epstein
also abused other victims in ways closely similar to those described in the preceding paragraphs.
Epstein's additional victims include the following (among many other) young girlsallniampa,
These girls were between the ages of 13 and
7
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17 when Epstein abused them. See Rule 413 Notice, Exhibit E; Deposition of E.W., Deposition
Attachment #4.
15. One of Mr. Epstein's household employees, Mr. Alfredo Rodriguez, saw numerous
underage girls coming into Epstein's mansion for purported "massages." See Rodriguez Depo. at 242-
44 (Deposition Attachment #8). Rodriguez was aware that "sex toys" and vibrators were found in
Epstein's bedroom after the purported massages. Id. at 223-28. Rodriguez thought what Epstein was
doing was wrong, given the extreme youth of the girls he saw. Id. at 230-31.
16. Alfredo Rodriguez took a journal from Epstein's computer that reflected many of the
names of underage females Epstein abused across the country and the world, including locations such
as Michigan, California, West Palm Beach, New York, New Mexico, and Paris, France. See Journal
(hereinafter "The Journal" or "Holy Grail") (Exhibit "F") (identifying, among other Epstein
acquaintances, females that Rodriguez believes were underage under the heading labeled "Massages").
17. Rodriguez was later charged in a criminal complaint with obstruction of justice in
connection with trying to obtain $50,000 from civil attorneys pursuing civil sexual assault cases
against Epstein as payment for producing the book to the attorneys. See Criminal Complaint at 2, U.S.
v. Rodriguez, No. 9:10-CR-80015-KAM (S.D. Fla. 2010) (Exhibit "G"). Rodriguez stated he needed
money because the journal was his "property" and that he was afraid that Jeffrey Epstein would make
him "disappear" unless he had an "insurance policy" (i.e., the journal). Id. at 3. Because of the
importance of the information in the journal to the civil cases, Mr. Rodriguez called it "The Holy
Grail."
18. In the "Holy Grail" or "The Journal," among the many names listed (along with the
abused girls) are some of the people that Epstein alleges in his Complaint had "no connection
whatsoever" with the litigation in this case. See, e.g., Journal, Exhibit F, at 85 (Donald Trump); at 9
8
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(Bill Clinton phone numbers listed under "Doug Bands").
Federal Investigation and Plea Agreement With Epstein
19. In approximately 2005, the FBI and the U.S. Attorney's Office in the Southern District
of Florida learned of Epstein's repeated sexual abuse of minor girls. They began a criminal
investigation into federal offenses related to his crimes. See U.S. Attorney's Correspondence, Exhibit
20. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe that to avoid the Government learning about his abuse of minor girls, Epstein threatened his
employees and demanded that they not cooperate with the government. Epstein's aggressive witness
tampering was so severe that the United States Attorney's Office prepared negotiated plea agreements
containing these charges. For example, in a September 18, 2007, email from AUSA Villafaila to
Lefkowitz (attached hereto as Exhibit "H"), she attached the proposed plea agreement describing
Epstein's witness tampering as follows:
"UNITED STATES vs. JEFFREY EPSTEIN PLEA PROFFER"
On August 21, 2007, FBI Special Agents E. Nesbitt Kuyrkendall and Jason Richards
traveled to the home of Leslie Groff to serve her with a federal grand jury subpoena
with an investigation pending in the Southern District of Florida. Ms. Groff works as
the personal assistant of the defendant. Ms. Groff began speaking with the agents and
then excused herself to go upstairs to check on her sleeping child. While upstairs, Ms.
Groff telephoned the defendant, Jeffrey Epstein, and informed him that the FBI agents
were at her home. Mr. Epstein instructed Ms. Groff not to speak with the agents and
reprimanded her for allowing them into her home. Mr. Epstein applied pressure to keep
Ms. Groff from complying with the grand jury subpoenas that the agents had served
upon her. In particular, Mr. Epstein warned Ms. Groff against turning over documents
and electronic evidence responsive to the subpoena and pressured her to delay her
appearance before the grand jury in the Southern District of Florida. This conversation
occurred when Mr. Epstein was aboard his privately owned civilian aircraft in Miami in
the Southern District of Florida. His pilot had filed a flight plan showing the parties
were about to return to Teterboro, NJ. After the conversation with Ms. Groff, Mr.
Epstein became concerned that the FBI would try to serve his traveling companion,
Netelin—Mareirdereet with a similar grand jury subpoena. In fact, the agents were
9
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preparing to serve Ms. with a target letter when the flight landed in
Teterboro. Mr. Epstein then redirected his airplane, making the pilot file a new flight
plan to travel to the US Virgin Islands instead of the New York Cit area, thereby
keeping the Special Agents from serving the targliii , . During
the flight, the defendant verbally harassed Ms. a, harassing and pressuring
her not to cooperate with the grand jury's investigation, thereby hindering and
dissuading her from reporting the commission of a violation of federal law to a law
enforcement officer, namely, Special Agents of the FBI. Epstein also threatened and
harassed AMMO against cooperating against him as well.
21. Edwards learned that the Palm Beach police department investigation ultimately led to
the execution of a search warrant at Epstein's mansion in October 2005. See Police Incident Report,
Exhibit "A".
22. Edwards learned that at around the same time, the Palm Beach Police Department also
began investigating Epstein's sexual abuse of minor girls. They also collected evidence of Epstein's
involvement with minor girls and his obsession with training sex slaves, including pulling information
from Epstein's trash. Their investigation showed that Epstein ordered from Amazon.com on about
September 4, 2005, such books as: SM101: A Realistic Introduction, by Jay Wiseman; SlaveCraft:
Roadmaps for Erotic Servitude - Principles, Skills, and Tools, by Guy Baldwin; and Training with
Miss Abernathy: A Workbook for Erotic Slaves and Their Owners, by Christina Abernathy. See
Receipt for Sex Slave Books (Exhibit "I").
23. The Palm Beach incident reports provided Edwards with the names of numerous
witnesses that participated in Epstein's child molestation criminal enterprise and also provided
Edwards with some insight into how far-reaching Epstein's power was and how addicted Epstein was
to sex with children. See Incident Report, Exhibit "A".
24. The Palm Beach Police Department also collected Epstein's message pads, which
provided other names of people that also knew Epstein's scheme to molest children. See Message
Pads (Exhibit "J") (note: the names of underage females have been redacted to protect the anonymity
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of the underage sex abuse victims). Those message pads show clear indication that Epstein's staff was
frequently working to schedule multiple young girls between the ages of 12 and 16 years old literally
every day, often two or three times per day. Id.
25. In light of all of the information of numerous crimes committed by Epstein, Edwards
learned that the U.S. Attorney's Office began preparing the filing of federal criminal charges against
Epstein. For example, in addition to the witness tampering and money laundering charges the U.S.
Attorney's Office prepared an 82-page prosecution memo and a 53-page indictment of Epstein related
to his sexual abuse of children. On September 19, 2007, at 12:14 PM, AUSA Villafafia wrote to
Epstein's counsel, Jay Leflcowitz, "Jay - I hate to have to be firm about this, but we need to wrap this
up by Monday. I will not miss my indictment date when this has dragged on for several weeks already
and then, if things fall apart, be left in a less advantageous position than before the negotiations. I have
had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these
negotiations. There has to be an ending date, and that date is Monday." These and other
communications are within the correspondence attached as Composite Exhibit "C."
26. Edwards learned that rather than face the filing of federal felony criminal charges,
Epstein (through his attorneys) engaged in plea bargain discussions. As a result of those discussions,
on September 24, 2007, Epstein signed an agreement with the U.S. Attorney's Office for the Southern
District of Florida. Under the agreement, Epstein agreed to plead guilty to an indictment pending
against him in the 15th Judicial Circuit in and for Palm Beach County charging him with solicitation of
prostitution and procurement of minors for prostitution. Epstein also agreed that he would receive a
thirty month sentence, including 18 months of jail time and 12 months of community control. In
exchange, the U.S. Attorney's Office agreed not to pursue any federal charges against Epstein. See
Non-Prosecution Agreement (Exhibit "K").
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27. Part of the Non-Prosecution Agreement that Epstein negotiated was a provision in
which the federal government agreed not to prosecute Epstein's co-conspirators. The co-conspirators
procured minor females to be molested by Epstein. One of the co-conspirators -
even participated in the sex acts with minors (including I) and Epstein. See Incident Report,
Exhibit "A", at 40-42, 49-51; Deposition of /I 0, (hereinafter
Depo.") at 11 (Deposition attachment #9).
28. Under the Non-Prosecution Agreement, Epstein was to use his "best efforts" to enter
into his guilty pleas by October 26, 2007. However, Edwards learned that Epstein violated his
agreement with the U.S. Attorney's Office to do so and delayed entry of his plea. See Letter from U.S.
Attorney R. Alexander Acosta to Lilly Ann Sanchez, Dec. 19, 2007 (Exhibit "L").
29. On January 10, 2008 and again on May 30, 2008 E. and S. received letters from
the FBI advising them that "[Otis case is currently under investigation. This can be a lengthy process
and we request your continued patience while we conduct a thorough investigation." Letters attached
at Composite Exhibit "M". This document is evidence that the FBI did not notify M. andM. that a
plea agreement had already been reached that would block federal prosecution of Epstein. Nor did the
FBI notify... and 0. of any of the parts of the plea agreement. Nor did the FBI or other federal
authorities confer with E.W. and L.M. about the plea. See id.
30. In 2008, Edwards believed in good faith that criminal prosecution of Epstein was
extremely important to his clients.. an I. and that they desired to be consulted by the FBI
and/or other representatives of the federal government about the prosecution of Epstein. The letters
that they had received around January 10, 2008, suggested that a criminal investigation of Epstein was
on-going and that they would be contacted before the federal government reached any final resolution
of that investigation. See id.
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Edwards Agrees to Serve as Legal Counsel for Three Victims of Epstein's Sexual Assaults
31. In about April 2008, Bradley J. Edwards, Esq., was a licensed attorney in Florida,
practicing as a sole practitioner. As a former prosecutor, he was well versed in civil cases that
involved criminal acts, including sexual assaults. Three of the many girls Epstein had abused — M.,
, and Jane Doe — all requested that Edwards represent them civilly and secure appropriate
monetary damages against Epstein for repeated acts of sexual abuse while they were minor girls. Two
of the girls ( .) also requested that Edwards represent them in connection with a concern
that the Federal Bureau of Investigation (FBI) and U.S. Attorney's Office might be arranging a plea
bargain for the criminal offenses committed by Epstein without providing them the legal rights to
which they were entitled (including the right to be notified of plea discussions and the right to confer
with prosecutors about any plea arrangement). See Affidavit of Bradley J. Edwards, Esq. at ¶1 - 2, ¶4
(hereinafter "Edwards Affidavit") (Exhibit "N").
32. On June 13, 2008, attorney Edwards agreed to represent./.; on July 2, 2008, attorney
Edwards agreed to represent Jane Doe; and, on . attorney Edwards agreed to represent
■. in connection with the sexual assaults committed by Epstein and to insure that their rights as
victims of crimes were protected in the criminal process on-going against Epstein. Mr. Edwards and
his three clients executed written retention agreements. See id. at ¶2.
33. In mid June of 2008, Edwards contacted AUSA Villafaila to inform her that he
represented Jane Doe #1 and, later, Jane Doe #2. AUSA Villafafia did not advise that a plea agreement
had already been negotiated with Epstein's attorneys that would block federal prosecution. To the
contrary, AUSA Villafafia mentioned a possible indictment. AUSA Villafa0a did indicate that federal
investigators had concrete evidence and information that Epstein had sexually molested many
underage minor females, includin Jane Doe. See id. at ¶4.
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34. Edwards also requested from the U.S. Attorney's Office the information that they had
collected regarding Epstein's sexual abuse of his clients. However, the U.S. Attorney's Office,
declined to provide any such information to Edwards. It similarly declined to provide any such
information to the other attorneys who represented victims of Epstein's sexual assaults. At the very
least, this includes the items that were confiscated in the search warrant of Epstein's home, including
dildos, vibrators, massage table, oils, and additional message pads. See Property Receipt (Exhibit
35. On Friday, June 27, 2008, at approximately 4:15 p.m., AUSA Villafalia received a copy
of Epstein's proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m.,
Monday, June 30, 2008. AUSA Villafafia called Edwards to provide notice to his clients regarding the
hearing. AUSA Villafafia did not tell Attorney Edwards that the guilty pleas in state court would bring
an end to the possibility of federal prosecution pursuant to the plea agreement. See Edwards
Affidavit, Exhibit "N", at ¶6.
36. Under the Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771, victims of federal
crimes — includin — are entitled to basic rights during any plea bargaining process,
including the right to be treated with fairness, the right to confer with prosecutors regarding any plea,
and the right to be heard regarding any plea. The process that was followed leading to the non-
prosecution of Epstein violated these rights o See Emergency Petn. for Victim's
Enforcement of Crime Victim's Rights, No. 9:08-CV-80736-1CAM (S.D. Fla. 2008) (Exhibit "P").
37. Because of the violation of the CVRA, on July 7, 2008, Edwards filed an action in the
U.S. District Court for the Southern District of Florida, Case No. 9:08-CV-80736, seeking to enforce
the rights o . That action alleged that the U.S. Attorney's Office had failed to provide
slilli llmblothe rights to which they were entitled under the Act, including the right to be notified
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about a plea agreement and to confer with prosecutors regarding it. See id.
38. O , Edwards tooll with him to the hearing on the CVRA
action. It was only at this hearing that both victims learned for the first time that the plea deal was
already done with Epstein and that the criminal case against Epstein had been effectively terminated by
the U.S. Attorney's office. See Hearing Transcript, July 11, 2008 (Exhibit "Q").
39. Edwards learned that Jane Doe felt so strongly that the plea bargain was inappropriate
that she made her own determination to appear on a television program and exercise her First
Amendment rights to criticize the unduly lenient plea bargain Epstein received in a criminal case.
40. The CVRA action that Edwards filed was recently administratively closed and Edwards
filed a Motion to reopen that proceeding. See No. 9:08-CV-80736 (S.D. Fla.).
Epstein's Entry of Guilty Pleas to Sex Offenses
41. Ultimately, on June 30, 2008, in the Fifteenth Judicial Circuit in Palm Beach County,
Florida, defendant Epstein, entered pleas of "guilty" to various Florida state crimes involving the
solicitation of minors for prostitution and the procurement of minors for the purposes of prostitution.
See Plea Colloquy (Exhibit "R").
42. As a condition of that plea, and in exchange for the Federal Government not
prosecuting the Defendant, Epstein additionally entered into an agreement with the Federal
Government acknowledging that approximately thirty-four (34) other young girls could receive
payments from him under the federal statute providing for compensation to victims of child sexual
abuse, 18 U.S.C. § 2255. As had been agreed months before, the U.S. Attorney's Office did not
prosecute Epstein federally for his sexual abuse of these minor girls. See Addendum to Non-
Prosecution Agreement (Exhibit "5") (in redacted form to protect the identities of the minors
involved).
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43. Because Epstein became a convicted sex offender, he was not to have contact with any
of his victims. During the course of his guilty pleas on June 30, 2008, Palm Beach Circuit Court Judge
Deborah Dale Pucillo ordered Epstein "not to have any contact, direct or indirect" with any victims.
She also expressly stated that her no-contact order applied to "all of the victims." Similar orders were
entered by the federal court handling some of the civil cases against Epstein. The federal court stated
that it "fords it necessary to state clearly that Defendant is under this court's order not to have direct or
indirect contact with any plaintiffs . . .." Order, Case No. 9:08-cv-80119 (S.D. Fla. 2008), [DE 238] at
4-5 (emphasis added); see also Order, Case No. 9:08-cv-80893, [DE 193] at 2 (emphasis added).
Edwards Files Civil Suits Against Epstein
44. Edwards had a good faith belief that his clients felt angry and betrayed by the criminal
system and wished to prosecute and punish Epstein for his crimes against them in whatever avenue
remained open to them. On August 12, 2008, at the request of his client Jane Doe, Brad Edwards filed
a civil suit against Jeffrey Epstein to recover damages for his sexual assault of Jane Doe. See Edwards
Affidavit, "N" at ¶7. Included in this complaint was a RICO count that explained how Epstein ran a
criminal conspiracy to procure young girls for him to sexually abuse. See Complaint, Jane Doe v.
Epstein (Exhibit "T").
45. On a, at the request of his client E., Brad Edwards filed a civil suit
against Jeffrey Epstein to recover damages for his sexual assault one Complaint, E. v.
Epstein (Exhibit "U").
46. On at the request of his client In., Brad Edwards filed a civil suit
against Jeffrey Epstein to recover damages for his sexual assault of See Complaint, 1■ v.
Epstein, (Exhibit "V").
47. Jane Doe's federal complaint indicated that she sought damages of more than $50,000,000.
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Listing the amount of damages sought in the complaint was in accord with other civil suits that were
filed against Epstein (before any lawsuit filed by Edwards). See Complaint, Jane Doe #4 v. Epstein
(Exhibit "W") (filed by Herman and Mermelstein, PA).
48. At about the same time as Edwards filed his three lawsuits against Epstein, other civil
attorneys were filing similar lawsuits against Epstein. For example, on or about April 14, 2008 another
law firm, Herman and Mermelstein, filed the first civil action against Epstein on behalf of one of its
seven clients who were molested by Epstein. The complaints that attorney Herman filed on behalf of
his seven clients were similar in tenor and tone to the complaint that Edwards filed on behalf of his
three clients. See id.
49. Over the next year and a half, more than 20 other similar civil actions were filed by various
attorneys against Epstein alleging sexual assault of minor girls. These complaints were also similar in
tenor and tone to the complaint that Edwards filed on behalf of his clients. These complaints are all
public record and have not been attached, but are available in this Court's files and the files of the U.S.
District Court for the Southern District of Florida.
50. In addition to the complaints filed against Epstein in Florida, a female in New York, Mi
filed a lawsuit against Epstein in New York making similar allegations - that Epstein paid her
for a massage then forced her to give him oral sex and molested her in other ways when she was only
16 years old. was born a M, and in her complaint she alleges that Epstein told her during
the "massage", "I love how young you are. You have a tight butt like a baby". See Jeff Epstein Sued
for "Repeated Sexual Assaults" on Teen, New York Post, October 17, 2007, by Dareh Gregorian, link
at:
http://www.nypost.com/n/news/regionallitem 44z1WvLUFH7RIOUtKYGPbP:isessionid=6CA3EBF1
BEF68F5DE14BFB2CAA5C37E0. See Article attached hereto as Exhibit "X".
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51. Edwards's three complaints against Epstein contained less detail about sexual abuse
than (as one example) a complaint filed by attorney Robert Josephsberg from the law firm of Podhurst
Orseck. See Complaint, Jane Doe 102 v. Epstein (Exhibit "B"). As recounted in detail in this
Complaint, Jane Doe 102 was 15 years old when Ghislaine Maxwell discovered her and lured her to
Epstein's house. Maxwell and Epstein forced her to have sex with both of them and within weeks
Maxwell and Epstein were flying her all over the world. According to the Complaint, Jane Doe 102
was forced to live as one of Epstein's underage sex slaves for years and was forced to have sex with
not only Maxwell and Epstein but also other politicians, businessmen, royalty, academicians, etc. She
was even made to watch Epstein have sex with three 12-year-old French girls that were sent to him for
his birthday by a French citizen that is a friend of Epstein's. Luckily, Jane Doe 102 escaped to
la to get away from Epstein and Maxwell's sexual abuse.
52. Edwards learned that in addition to civil suits that were filed in court against Epstein, at
around the same time other attorneys engaged in pre-filing settlement discussions with Epstein. Rather
than face filed civil suits in these cases, Epstein paid money settlements to more than 15 other women
who had sexually abused while they were minors. See articles regarding settlements attached hereto as
Composite Exhibit "Y."
Epstein's Obstruction ofNormal Discovery and Attacks on His Victims
53. Once Edwards filed his civil complaints for his three clients, he began the normal
process of discovery for cases such as these. He sent standard discovery requests to Epstein about his
sexual abuse of the minor girls, including requests for admissions, request for production, and
interrogatories. See Edwards Affidavit, Exhibit "N", at ¶¶l 1-19 and 25.
Rather than answer any substantive questions about his sexual abuse and his conspiracy for procuring
minor girls for him to abuse, Epstein invoked his 5th amendment right against self-incrimination. An
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example of Epstein's refusal to answer is attached as Composite Exhibit "Z" (original discovery
propounded to Epstein and his responses invoking 5th amendment).
54. During the discovery phase of the civil cases filed against Epstein, Epstein's deposition
was taken at least five times. During all of those depositions, Epstein refused to answer any
substantive questions about his sexual abuse of minor girls. See, e.g., Deposition Attachments 1, 6 and
7.
55. During these depositions, Epstein further attempted to obstruct legitimate questioning
by inserting a variety of irrelevant information about his case. As one of innumerable examples, on
March 8, 2010, Mr. Horowitz, representing seven victims, Jane Doe's 2-8, asked, "Q: In 2004, did you
rub Jane Doe 3's vagina? A: Excuse me. I'd like to answer that question, as I would like to answer
mostly every question you've asked me here today; however, upon advice of counsel, I cannot answer
that question. They've advised me I must assert my Sixth Amendment, Fifth Amendment and
Fourteenth Amendment Rights against self--excuse me, against--under the Constitution. And though
your partner, Jeffrey Herman, was disbarred after filing this lawsuit [a statement that was untrue], Mr.
Edwards' partner sits in jail for fabricating cases of a sexual nature fleecing unsuspecting Florida
investors and others out of millions of dollars for cases of a sexual nature with--I'd like to answer your
questions; however if I--I'm told that if I do so, I risk losing my counsel's representation; therefore I
must accept their advice." Epstein deposition, March 8, 2010, at 106 (Deposition attachment #10).
56. When Edwards had the opportunity to take Epstein's deposition, he only asked
reasonable questions, all of which related to the merits of the cases against Epstein. All depositions of
Epstein in which Mr. Edwards participated on behalf of his clients are attached to this motion. See
Edwards Affidavit, Exhibit "N" at ¶11 and Deposition attachments #1, 6, 7, 10, 11, 12, and 13. Cf.
with Deposition of Epstein taken by an attorney representing BB (one in which Edwards was not
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participating), http://www.voutube.com/watch?v=V-dqoEvflx4; and
http://www.voutube.com/watch?v=YCNiY1tW-r0
57. Edwards's efforts to obtain information about Epstein's organization for procuring
young girls was also blocked because Epstein's co-conspirators took the Fifth. Deposition of
(hereinafter Mepo.") (Deposition attachment #14); Deposition of
(Deposition attachment #9); Deposition o
(hereinafter Depo.") (Deposition attachment #15). Each of these co-
conspirators invoked their respective rights against self-incrimination as to all relevant questions, and
the depositions have been attached.
58. At all relevant times Edwards has had a good faith basis to believe and did in fact
believe was an employee of Epstein's and had been identified as a defendant in at least
one of the complaints against Epstein for her role in bringing girls to Epstein's mansion to be abused.
At the deposition, she was represented by She invoked the Fifth on all substantive
questions regarding her role in arranging for minor girls to come to Epstein's mansion to be sexually
abused. a