EFTA00222315.pdf

Case 9:08-cv-80119-KAM Document 1 Entered on FLSD Docket 02/06/2008 Pavpitok6 FILED by VT D.C. ELECTRONIC ebruary 6, 2008 CLARENCE MADDOX UNITED STATES DISTRICT COURT CLERK U.S. 01ST. CE. S.D. OF ILA. • MIAMI SOUTHERN DISTRICT OF FLORIDA CASE NO.: JANE DOE NO. 2, 08-CV-80119-MARRA-JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. COMPLAINT Plaintiff, Jane Doe No. 2 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and Venue 1. Jane Doe No. 2 is a citizen and resident of the Commonwealth of Virginia, and is sui juris. 2. This Complaint is brought under a fictitious name to protect the identity of the a Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon minor. 3. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 4. This is an action for damages in excess of 550 million. 5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (i) exceeds 575,000, exclusive of interest and costs; and (ii) is between citizens of different states. 6. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a substantial HERMAN 6 MERMELSTEIN. P. A. www.hermanlaw.com -1- off EFTA00222315 Case 9:08-cv-80119-KAM Document 1 Entered on FLSD Docket 02/06/2008 Page 2 of 6 occurred in this District. part of the events or omissions giving rise to the claim Factual Allegations was an adult male, 52 7. At all relevant times, Defendant Jeffrey Epstein ("Epstein") a secret clientele limited exclusively to years old. Epstein is a financier and money manager with r and influence. He maintains his billionaires. He is himself a man of tremendous wealth, powe New Mexico, St. Thomas and Palm Beach, principal home in New York and also owns residences in at his lavish estate in Palm Beach. FL. The allegations herein concern Epstein's conduct while ence and obsession for 8. Upon information and belief, Epstein has a sexual prefer in which he gained access to primarily underage minor girls. He engaged in a plan and scheme lly assaulted these girls, and then gave economically disadvantaged minor girls in his home, sexua ximately 16 years old, fell into Epstein's them money. In or about 2004-2005, Jane Doe, then appro trap and became one of his victims. his scheme and assaulted 9. Upon information and belief, Jeffrey Epstein carried out n as Little St. James, in St. Thomas. girls in Florida, New York and on his private island, know t underage girls. (Upon 10. Epstein's scheme involved the use of young girls to recrui to Epstein was herself a minor victim of information and belief, the young girl who brought Jane Doe . Under Epstein's plan, underage girls Epstein, and will therefore not be named in this Complaint) ge for monetary compensation in his Palm were recruited ostensibly to give a wealthy man a massa Epstein was planning to be at his Palm Beach mansion. The recruiter would be contacted when in or someone on his behalf would direct the Beach residence or soon after he had arrived there. Epste nce. The recruiter, upon information and recruiter to bring one or more underage girls to the reside underage girls from western Palm Beach belief, generally sought out economically disadvantaged www.hermanlaw.com HERMAN & MERMELSTEIN, P. A. -2- EFTA00222316 :Case 9:08-cv-80119-KAM Document 1 Entered on FLSD Docket 02/06/2008 Page 3 of 6 County who would be enticed by the money being offered - generally $200 to $300 per "massage" session - and who were perceived as less likely to complain to authorities or have credibility if allegations of improper conduct were made. This was an important element of Epstein's plan. 11. Epstein's plan and scheme reflected a particular pattern and method. Upon arrival at Epstein's mansion, the underage victim would be introduced to Epstein's assistant, who gathered the girl's personal information, including her name and telephone number. would then bring the girl up a flight of stairs to a bedroom that contained a massage table in addition the to other furnishings. There were photographs of nude women lining the stairway hall and in bedroom. The girl would then find herself alone in the room with Epstein, who would be wearing only a towel. He would then remove his towel and lie naked on the massage table, and direct the girl to remove her clothes. Epstein would then perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl's vagina. 12. Consistent with the foregoing plan and scheme, Jane Doe was recruited to give Epstein a massage for monetary compensation. Jane was brought to Epstein's mansion in Palm Beach. Once at the mansion, Jane was introduced to , who led her up the flight of stairs give to the room with the massage table. In this room, Epstein told Jane to take off her clothes and him a massage. Jane kept her panties and bra on and complied with Epstein's instructions. Epstein wore only a towel around his waste. After a short period of time, Epstein removed the towel and rolled over exposing his penis. Epstein began to masturbate and he sexually assaulted Jane. 13. After Epstein had completed the assault, Jane was then able to get dressed, leave the room and go back down the stairs. Jane was paid $200 by Epstein. The young girl who recruited Jane was paid $100 by Epstein for bringing Jane to him. www.hermanlaw.com HERMAN S. MERMELSTEIN, P. A. -3- EFTA00222317 Case 9:08-cv-80119-KAM Document 1 Entered on FLSD Docket 02/06/2008 Page 4 of 6 14. As a result of this encounter with Epstein, Jane experienced confusion, shame, humiliation and embarrassment, and has suffered severe psychological and emotional injuries. COUNT I Sexual Assault 15. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 16. Epstein tortiously assaulted Jane Doe sexually. Epstein's acts were intentional, unlawful, offensive and harmful. 17. Epstein's plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously. 18. This sexual assault was in violation of Chapter 800 of the Florida Statutes, which recognizes as a crime the lewd and lascivious acts committed by Epstein upon Jane. 19. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doe No. 2 demands judgment against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. COUNT II Intentiona l Infliction of Emotional Distress 20. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 21. Epstein's conduct was intentional or reckless. 22. Epstein's conduct was outrageous, going beyond all bounds of decency. 23. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had www.hermanlaw.com HERMAN & MERMELSTEIN, P. A. -4- EFTA00222318 Case 9:08-cv-80119-KAM Document 1 Entered on FLSD Docket 02/06/2008 Page 5 of 6 reason to know that his intentional and outrageous conduct would cause emotional trauma and damage to Jane Doe. 24. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe, has suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiff Jane Doe No. 2 demands judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court deems just and proper. JURY TRIAL DEMAND Plaintiffs demand a jury trial in this action. Dated: February C2008 Respectfully submitted, HERMAN & MERMELSTEIN, P.A. Attorneysfor Plaintiffs 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931- By: Jeffrey M. Herman jherman@,hermanlaw.com Florida Bar No. 521647 Stuart S. Mermelstein [email protected] Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 [email protected] HERMAN & MERMELSTEIN. P. A. www.hermanlaw.com -5- EFTA00222319  Case 9:08-cv-80119-KAM Docurc•Nt11:1 CQMFASKEFITSD Docket 02/06/2008 Page 6 of 6 The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing, and service of pleading or other papers as required by law, except as provided by local rules of court. This Porn, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of the Court for the purpose of Initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) 1(a) PLAINTIFFS DEFENDANTS JANE DOE NO. 2, JEFFREY EPSTEIN (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW YORK OUT OF STATE (IN U.S. PLAINTIFF CASES ONLY) (EXCEPT IN U.S. PLAINTIFF CASES) (c) ATTORNEYS (FIRM NAME. ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) Herman & Mermeistein, PA., 18205 Biscayne Blvd., Sults 2218, Miami, FL 33160, (305) 931.2200 (d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH q!ely V foul-K/9in- ) 0 4-)/71__ It. BASIS OF JURISDICTION III. CITV.ENSHIP OF PRINCIPAL PARTIES PLACE AN X IN ONE BOX FOR PLAINTIFF (PLACE AN X ONE BOX ONLY) (For Diversity Case Only) AND ONE FOR DEFENDANT PTF DEF PTF DEF Incorporated of Principal Place of O 4 04 O 1. U.S. Government O 3 Federal Question Citizen of This Stale 0 1 O 1 Business in This Stale Plaintiff (U.S. Government Not a Party) Citizen of Another State X2 x 2 Incorporated and Principal Place of O 5 O 5 O 2 U.S. Government X 4 Diversity Citizen or Subject of s Feisty, Country 0 3 03 Business in Another State Defendant (Indicate Citizenship of Parties In Item III) Foreign Nation O 6 O 6 IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) DIVERSITY ACTION UNDER 28 U.S.C. §1332(a) FOR SEXUAL ASSAULT IVa. _5_ days estimated (for both aides) to try entire case V. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) A CONTRACT A TORTS B FORFEITURE A BANKRUPTCY A OTHER STATUS PENALTY a 110insorcs PERSONAL INJURY 06,3 Aoraan 0422 AN*01211050 al 440 410 SSA Nacoort4,444 MOWN 0 12,0146.6 0 623 OWN FODS 4 ON3 0 423 WINN.471OWN IN o 130 P Sea 0 en ON) RYAN Sans* 00 Nam as Novo 0 MANN' 0 362 Row. 01471474,6111Wpricna Cl flopirly 21 USC ON NO Conant= ',Newt I 0 140,4•00460141Nnnwl 0 30 Nan Paw ustay 030 0.480044 22/1.03040 LON 71' 0 630 taxa Lam 400 DOX4U4co o 15*34 / 4" " . 13 320 basall Ltd & OWN, Dam Asian Prunes 4 Vienne,' 0 0 33o • eon fr onen. lay Ain ProdtclUSN 0640RRIToack A PROPERTY RIGHTS 470 Rama lapro32 a SONS. ONO AliNe MN Camp Orninealon 0 34014iin 0 680 003470lonal MO Saa• Swot o isalieloop Ad 0 Macao of Casa0 034$ &Y PIPSIdlidar PERSONAL PROPERTY Saaapain ONO C00740 744 Oa Swam/ 0744,03446/ Nene Loans Fa 0 MOMar veva 0 003 awe 0 PO Pant Exchaps Vara4)6 CI 366 74obtv4.07 Roam Lute! 0 370 Cgs /NO CI 640 7,03onark 1175 Oatew 0~04 0 Mama °Wawa 1310 0 a Pan IVA 0 371 Tn. Moeda, I ZINC3410 0 Vanes Brae ONO CM,Ponennel NI Ewalt Acis o iinvockroblies Se" Papp Dna B SOCIAL SECURITY 802 Ewalt SWANN AO o MOAK Cana 0 MS onzety 0,14N40 tnavnital Mars o 050102.0 Pooluct LOS •reaci Weft 0 001 KA 0305•1 we f nay 3AP00 / 10 NS ridden allrfomaco An 0 NO INN Luna 0123) 930 appeloffse Came AREAL PROPERTY A CIVIL RIGHTS B PRISONER PETITIONS A LABOR 0 863 CRACJIIMW 4405(g1) OS SPOTS am Ilarapacese ANN 0 ma as Noma 0 260 Consaaway *law 0 2,0 UM 0300rNaNn 0 441*440 0 VOIN4046b Vert 940,044:0 ' Id Foe Lax San ale Sas 0 230 Pondma 6 0 44,200:"Non NINA 03.246 AO ONO Oa Suan Pane 0 230 ita Leal Lana 0 44371ouleNAccomocalons 0 530Gest °720 WOW Ignaosewt • •cell 0 210 MNDUN a 44 WINN 0 5360eatanpay Rasa 0 A FEDERAL TAX SUITS 0 246 Ton MINN 4200PI 0 44006w NUNN 0 640 leardama 8 One 0 730 tax laanwl Oidsrawy Pa Yd stoma 0100 0 210 AI OrsIts lortgeti 0 530C24 Pa Rata & Dana foe Mena 'pall as 0 PO Toe 0,) 6 NNW! or ONINI00 0 740 Rotary INN as 13 RI Alta Pa 26 uSC tea 0 700 Ors Law Leaman a Ft. traps a Pc Srany Ail B I FILED by D.C.; VI. ORIGIN x 1. Original 0 2. Removed from 0 3. Remanded from 0 4. Refilled 0 6. Multidisbict Litigation 0 7. Appeal to District Judge from Proceeding State Court Appellate Court 0 5. Transferred from another district (Specify) Magistrate Judgment VII. REQUESTED CHECK IF THIS IS A O CLASS ACTION DEMAND S CI Check YE IN COMPLAINT ❑ UNDER F.R.C.P. 23 complaint: JURY DEMAND: O NO VIII. RELATED (See Instructions): (SEE ATTACHED) CASE(S) IF ANY JUDGE DOCKET NUMBER DATE fa . I SIGNATURE OF ATTORNEY OF RECORD ' UNITED STATES DISTRICT COURT FOR OFFICE USE ONLY: Receipt No. Amount .a ) S/F 1.2 REV. 9/94 Date Paid: Wfp: 51-1/2-2/5 EFTA00222320