EFTA00234424.pdf

Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18:2008 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80804-CIV-MARRA/JOHNSON JANE DOE, a/k/a, JANE DOE NO. I, Plaintiff, VS. JEFFREY EPSTEIN and Defendants. MOTION TO REMAND Plaintiff Jane Doe moves the Court to remand this action to state court for lack of subject matter jurisdiction and states as follows: I. Although Plaintiff Jane Doe, a Florida citizen, sues , also a Florida citizen, in this action, Defendants removed the case to federal court on July 21, 2008, citing diversity of citizenship as the basis for federal subject matter jurisdiction. 2. Defendants claim that , who has described herself as Heidi Fleiss (the Hollywood madam),' has "nothing to do with the plaintiff's case against Mr. I See New York Post, Oct. 1, 2007 (reporting "Some of the girls, legal documents indicate, were recruited by I now 21, who described herself as `like Heidi Fleiss,' the notorious Hollywoodo madam."); Palm Beach Post, Aug. 14, 2006 (reporting that Defendant's told detectives, 'I'm like a Heidi Fleiss.'"). EFTA00234424 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18:2008 Page 2 of 11 Epstein," (Notice of Removal, DE 1, p. 3) and that Plaintiff fraudulently joined her in this action to prevent complete diversity.2 3. As demonstrated in Plaintiffs amended complaint, however, Defendant was a vital part of the scheme to lure underage girls, including Plaintiff, to Epstein's home in order to subject them to sexual abuse and induce them to engage in lewd behavior. Defendant was a key player in this scheme because she was paid by Epstein to recruit the underage girls and take them to Epstein's Palm Beach mansion. (Amended Complaint ¶11 11-15, DE 1, pp. 302- 04). Without Defendant =, these girls, including Plaintiff, would not have been victimized. 4. Because the allegations in Plaintiffs amended complaint support the causes of action against Defendant for civil conspiracy, intentional infliction of emotional distress, and civil RICO, is a proper defendant in this action. 5. As is admittedly a citizen of Florida, (Affidavit of DE 1, pp. 230-31) as is Plaintiff Jane Doe,3 (Amended Complaint 1 1, DE 1, pp. 301; Deposition of Jane Doe, DE I, pp. 31-32, 5:14-18, 6:6-10) federal diversity jurisdiction does not exist in this case. See 28 U.S.C. §1332(a)(1) (providing that Defendants also argue that Plaintiff named as a defendant to prevent entry of a stay in this matter pursuant to 18 U.S.C. § 3509(k). The Court has since denied Defendants' motion, holding a stay of this proceeding is not warranted under either the statute or the Court's discretion. (Order Denying Motion to Stay, DE 7). Although Jane Does testified in deposition that she is a citizen of Florida, Defendants question whether she might actually be a citizen of Georgia because her mother lives in Georgia. (Notice of Removal, DE I, pp. 7-8, n.6). Defendants fail to point out, however, that there is a question of whether Defendant Epstein is actually a citizen of Florida because he is now incarcerated in a Florida jail under an eighteen month sentence, to be followed by twelve months of community control, during which Epstein agreed he will be residing in Palm Beach, Florida. (Epstein Sentence, attached). 2 EFTA00234425 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08218:2008 Page 3 of 11 district courts have original jurisdiction over cases in which the matter in controversy exceeds $75,000 and is between "citizens of different States"). 6. Defendants' removal of this action was, therefore, improper. Because the Court lacks diversity jurisdiction, or any other form of subject matter jurisdiction, over this matter, the Court must remand this action to Florida state court. WHEREFORE, Plaintiff requests the Court remand this action to state court and requests Defendants be ordered under 28 U.S.C. §1447(c) to pay costs and attorney fees incurred as a result of the removal. MEMORANDUM OF LEGAL AUTHORITY "An action in state court may be removed to federal court when the federal courts have diversity or federal question jurisdiction. See 28 U.S.C. § 1441(a). When a defendant removes a case to federal court on diversity grounds, a court must remand the matter back to state court if any of the properly joined parties in interest are citizens of the state in which the suit was filed. See Lincoln Prop. Co.' Roche, 546 U.S. 81, 126 S.Ct. 606, 613, 163 L.Ed.2d 415 (2005) (citing 28 U.S.C. § 1441(b)). Such a remand is the necessary corollary of a federal district court's diversity jurisdiction, which requires complete diversity of citizenship." Henderson'. Washington Nat. Ins. Co., 454 F.3d 1278, 1281 (11th Cir. 2006). Federal Courts are obligated to construe removal statutes very strictly, and "all doubts about jurisdiction should be resolved in favor of remand to state court." Univ. of South Alabama I American Tobacco Co., 168 F.3d 405, 411 (11th Cir. 1999) (citing Bums. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir. 1994), and Coker. Amoco Oil 3 EFTA00234426 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18:2008 Page 4 of 11 Co., 709 F.2d 1433 (11th Cir. 1983)). "A presumption in favor of remand is necessary because if a federal court reaches the merits of a pending motion in a removed case where subject matter jurisdiction may be lacking it deprives a state court of its right under the Constitution to resolve controversies in its own courts." American Tobacco Co., 168 F.3d at 411. Defendants have removed this action even though Plaintiff named a citizen of Florida, as a defendant because they claim Plaintiff's joinder of Defendant was done fraudulently in order to avoid federal jurisdiction. "In a removal case alleging fraudulent joinder, the removing party has the burden of proving that either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has fraudulently pled jurisdictional facts to bring the resident defendant into state court." Crowe' Coleman, 113 F.3d 1536, 1538 (11th Cir. 1989) (citing Cabalcetal Standard Fruit Co., 883 F.2d 1553, 1561 (11th Cir. 1989)). "The burden of the removing party is a `heavy one."' Id. (quoting B., Inc.. Miller Brewing Co., 663 F.2d 545, 549 (5th Cir. Unit A 1981)). "To determine whether the case should be remanded, the district court must evaluate the factual allegations in the light most favorable to the plaintiff and must resolve any uncertainties about state substantive law in favor of the plaintiff." Id. (citing B., Inc., 663 F.2d at 549). The Court may not "weigh the merits of a plaintiffs claim beyond determining whether it is an arguable one under state law." Id. "If there is even a possibility that a state court would find that the complaint states a cause of action against any one of the resident defendants, the federal court must find that joinder was proper and remand the case to state court." Id. (quoting Coker.. Amoco Oil Co., 709 4 EFTA00234427 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08 18 2008 Page 5 of 11 F.2d 1433, 1440-41 (11th Cir. 1983)). This protects a plaintiff's right to select the forum of his lawsuit and the manner in which to prosecute the suit, and avoids exposing the plaintiff to the possibility of prosecuting the suit to conclusion only to learn the federal court lacked jurisdiction on removal. Id. (citing Parks, The New York Times Co., 308 F.2d 474, 478 (5th Cir.1962); Cowart Iron Works, Inc.. Phillips Constr. Co., Inc., 507 F.Supp. 740, 744 (S.D. Ga. 1981)). Here, Defendants argue that removal is proper because Plaintiff cannot state a cause of action against Defendant under Florida law. Viewing the allegations of the amended complaint in the light most favorable to Plaintiff, it is clear that there is at least a possibility that Plaintiff can recover against Defendant under Florida law for each of the counts in the amended complaint—civil conspiracy, intentional infliction of emotional distress, and civil RICO. Joinder of Defendant in this action was therefore proper, which requires remand of this action to Florida state court. a. Plaintiff has a ognizable cause of action for civil conspiracy against Defendant "The elements of a civil conspiracy are: (a) a conspiracy between two or more parties, (b) to do an unlawful act or to do a lawful act by unlawful means, (c) the doing of some overt act in pursuance of the conspiracy, and (d) damage to plaintiff as a result of the acts performed pursuant to the conspiracy." Walters'. Blankenship, 931 So. 2d 137, 140 (Fla. 5th DCA 2006) (citing Florida Fern Growers Ass'n, Inc.' Concerned Citizens of Putnam County, 616 So. 2d 562 (Fla. 5th DCA 1993)). As Defendants point out, there muse be an "actionable underlying tort or wrong" for an actionable conspiracy claim. Wright, Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984). 5 EFTA00234428 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18.2008 Page 6 of 11 Plaintiff has grounded her conspiracy claim on the tort of sexual assault alleged in Count I of her amended complaint. In this count, Plaintiff alleges that Defendant Epstein tortiously assaulted her and states that the assault was committed in violation of Chapter 800 of the Florida Statutes. (Amended Complaint ill 17-18, DE 1, pp. 304-05). Under Florida law, sexual assault is an intentional tort. See Doe. Celebrity Cruises, Inc., 394 F.3d 891, 917 (11th Cir. 2004) ("Florida law equates sexual battery with an intentional tort."). This is true regardless of whether Defendant Epstein's violation of Chapter 800 of the Florida Statutes also creates a private right of action, which is a matter of first impression in Florida. Thus, Plaintiff has a cognizable cause of action for civil conspiracy against Defendant b. Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant "The elements of the tort of intentional infliction of emotional distress are: (1) The wrongdoer's conduct was intentional or reckless, that is, he intended his behavior when he knew or should have known that emotional distress would likely result; (2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community; (3) the conduct caused emotion[al] distress; and (4) the emotional distress was severe." Gallogly Rodriguez, 970 So. 2d 470, 471 (Fla. 2d DCA 2007) (citing LeGrande. Emmanuel, 889 So. 2d 991, 994-95 (Fla. 3d DCA 2004)). Here, Plaintiff has alleged that Defendant used false pretenses to lure her (a 14-year old girl) to the mansion of Defendant Epstein and physically took her to Epstein so that he could subject her to sexual abuse and lewd behavior. Defendant 6 EFTA00234429 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08;18.2008 Page 7 of 11 recruited Plaintiff, as she had done numerous others, under the belief that Plaintiff was economically disadvantaged and would be unlikely to contact authorities after being sexually assaulted and abused by Defendant Epstein. Defendant was paid by Defendant Epstein only after the sexual assault and abuse were completed. And, Defendant knew that Plaintiff would be severely emotionally traumatized after the abuse. (Amended Complaint ill 9, 11, 15, 24-28, DE I, pp. 302-03, 304, 306). These allegations are enough to demonstrate Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant because they amount to conduct that would be viewed as outrageous by any reasonable person. Defendants argue that Plaintiff is barred from recovering for intentional infliction of emotional distress under Florida law because she went to Defendant Epstein's home with the intent to give him a massage for monetary compensation when it is a crime (a misdemeanor), under section 480.047, Florida Statutes, to practice massage without a license. They claim Plaintiff cannot "recover damages flowing from her own illegal conduct." (Notice of Removal, DE 1, p. 16). First, Plaintiff's damages do not flow from her conduct in giving Defendant Epstein a massage without a license. Defendants Epstein, and engaged in a scheme to lure underage girls to Epstein's mansion in order for Epstein to sexually abuse them. Plaintiff's damages resulting from Defendants making her a victim to their intentional, outrageous, and criminal conduct in no way flow from her decision as a 14- year old girl to make some extra money by giving a massage. Furthermore, it is not a universal rule in Florida that any Plaintiff engaged in any criminal action, no matter how trivial, is barred from recovering damages suffered in 7 EFTA00234430 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08/18/2008 Page 8 of 11 connection with that conduct. "The defense of in par/ delicto is not woodenly applied in every case where illegality appears somewhere in the transaction; since the principle is founded on public policy, it may give way to a supervening public policy." KuHal E.F. Hutton & Co., Inc., 426 So. 2d 1055, 1057 n. 1 (Fla. 3d DCA 1983). 'The fundamental purpose of the rule must always be kept in mind, and the realities of the situation must be considered. Where, by applying the rule, the public cannot be protected because the transaction has been completed, where no serious moral turpitude is involved, where the defendant is the one guilty of the greatest moral fault, and where to apply the rule will be to permit the defendant to be unjustly enriched at the expense of the plaintiff, the rule should not be applied.'" Id. (quoting Goldberg' Sanglier, 96 Wash.2d 874, 639 P.2d 1347, 1353-54 (1982)). The fact that Florida law gives the trial court the discretion to apply the doctrine of in pan delicto, considering that all ambiguities must be resolved in favor of Plaintiff, does not take away from the fact that Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant c. Plaintiff has a cognizable cause of action for civil RICO against Defendant Finally, Defendants argue that Plaintiff does not have a cognizable cause of action for civil RICO under section 772.104, Florida Statutes, because she was not directly injured by the Defendants' scheme. In Count IV of the amended complaint, Plaintiff alleges that Defendants engaged in a pattern of criminal activity in which Defendant found and delivered underage girls to Defendant Epstein in order for Epstein to "solicit, induce, coerce, entice, compel or force such girls to engage in acts of prostitution and/or lewdness." (Amended Complaint 132, DE 1, p. 307). She also alleges that she 8 EFTA00234431 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18.2008 Page 9 of 11 was a victim of Defendants' scheme because she was one of the underage girls found and delivered to Defendant Epstein by Defendant and that she endured Epstein's actions as he tried to get her to engage in, and forced upon her, acts of prostitution and lewdness. (Amended Complaint I 33, DE 1, pp. 307-308). Plaintiff, who was a victim of Defendants' scheme, was directly harmed by the scheme and it is damages for this harm that she seeks in Count IV of the amended complaint. Cf. Palmas Y Bambu, Dupont De Nemours & Co., Inc., 881 So. 2d 565, 570 (Fla. 3d DCA 2004) (holding plaintiff has standing to sue for civil RICO when her injuries flow directly from commission of the predicate acts, which means "when the alleged predicate act is mail or wire fraud, the plaintiff must have been a target of the scheme to defraud and must have relied to his detriment on misrepresentations made in furtherance of that scheme"). Because Plaintiff was a target of Defendants' scheme and was harmed by their actions in carrying out the scheme, Plaintiff has a cognizable cause of action for civil RICO against Defendant IME. CONCLUSION Plaintiff has cognizable causes of against Defendant M, a Florida citizen, for civil conspiracy, intentional infliction of emotional distress, and civil RICO. Because Plaintiff has a possibility of recovering against Defendant under her amended complaint, Defendants have failed to meet their burden of demonstrating that was fraudulently joined in this action. As the parties lack complete diversity of citizenship, the Court lacks subject matter jurisdiction over this matter and should remand this case to Florida state court. 9 EFTA00234432 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08/18/2008 Page 10 of 11 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.A.3 On August 18, counsel for Plaintiff conferred with counsel for the Defendants in a good faith effort to resolve the issues raised in this motion, but was unable to do so. s/ Spencer T. Kuvin Spencer T. Kuvin (Florida Bar Number 089737) Certificate of Services I hereby certify that on August 18, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served on August 18, 2008, on all counsel of record or pro se parties identified on the attached Service List in the manner specified, via transmission of Notices of Electronic Filing generated by CM/ECF. sl Spencer 7'. Kuvin Spencer T. Kuvin (Florida Bar Number 089737) Attorney E-Mail Address: RICCI-LEOPOLD, P.A. 2925 PGA Blvd. Suite 200 Palm Beach Gardens, FL 33410 Telephone: (561) 684-6500 Facsimile: (561) 697-2383 Counsel for Plaintiff Jane Doe I0 EFTA00234433 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08'18'2008 Page 11 of 11 SERVICE LIST Doe'. Epstein, et. al. CASE NO: 08.80804-Civ-MARRA/JOHNSON United States District Court, Southern District of Florida Guy Alan Lewis, Esq. Email: [email protected] Lewis Tein 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Phone: (305) 442-1101 Fax: (305) 442-6744 Counselfor Jeffrey Epstein Served via CM/ECF Michael R. Tein, Esq. Email: [email protected] Lewis Tein 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Phone: (305) 442-1101 Fax: (305) 442-6744 Counselfor Jeffrey Epstein Served via CM/ECF 11 EFTA00234434  Case 9:08-cv-80804-KAM Docum 11-2 Entered on FLSD Docket 08/18/2008 Page 1 of 21 4c. (f,,D IN THE CIR el- COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA SENTENCE (As to Count(s) Defendant 6q shnl Case Numl; OBTS Number Theefe 1, ng personally is Court, accompanied by the defendant's attorney of recor d, and having been adjudicated guilty herein, and the Court havin the Defendant an opportun. y to be heard and to offer matters in mitigation g given of sentence, and to show cause why defendant should not be sentenced as provided by law, and no cause being shown, IT IS THE SENTENCE OF THE COUpthat: The Defendant pay a fine of $ O pursuant to § Florida Statutes, plus all costs and additional charges as outlined in the Orde assessing additional charges, costs and fines as set forth in a separate order entered herein The Defendant is hereby committed to the custody of the partment of Corrections heriff of Palm Beach County, Florida 1., p,rntment f orrections as a youthful offender for a term of . It is further ordered that the Defendant shall be total of days as credit for time incarcerated prior to imposition allowed a of this sentych Icisfuither ordered that the composite term of all sentences imposed for the counts specified in the order shall run'' j consecutive to ( concurrent with (check one) the follow ing: ) Any active sentence being served. [ J Specific sentences: JUN .3 In the event the above sentence is to the Department of Corrections , the Sheriff of PaIM Beach County, Florida is hereby ordered and directed to deliver the Defendant to the Departmen t of Corrections together with a too of the Judgment and Sentence, and any other documents specified by Florida Statute. Additionally, pursuant to §947.16(4) Florida Statutes, the Court retains jurisdiction over the Defendant. , ) Pursuant to §§322.055. 322.056. 322.26, 322.274, Fla. Stat., the Department of Highway Safety and Motor Vehicles is directed to revoke the Defendant's privilege to drive. The Clerk of the Court is Ordered to report the conviction and revocation to the Department of Highway Safety and Motor Vehicles. The defendant in Open Court was advised of the right to appea l from this Sentence by filing notice of appeal within thirty days from this date with the Clerk of the Court. The Defendant was also advised of the right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency. DONE ND ORDERED ins i)>en Court at West Palm Beach, Palm Beach County, Florida this _C3 )Iday of , 200 1 t ,rook ,--- Form Circuit 5 (rev 8/2000) t riRrinT On; 'DT n inr• 7-) EFTA00234435  Case 9:08-cv-80804-KAM D cunt 11-2 Entered on FLSD D A08/18/2008 Page 2 of 21 STATE OF FLORIDA IN TH J;;;Ar 14•..*L DIVISION OF THE CIRCUIT Nfrai COUR eFIFTEENTH JUDICIAL CIRCUIT, vs. IN AND FOR 7-YeRscre , CASE NUMBE PLEA IN THE CIRCUIT COURT 1. DEFENDANT: I am the defendant in the above-mentioned matter(s), and I am represented by the attorney indicated below. I understand I have the right to be represented by an attorney at all stages of the proceeding until the case is termin ted, and if I cannot afford an attorney, one will be appointed free of charge. [ 2. DEFENDANT: I understand I have the right to a speedy and public trial either by jury or by court. I hereby waive and give u this right. 3. DEFENDANT: I understand I have the right to be confronted by the witnesses against me and to cross examine them by myself or through my attorney. I hereby give up these rights. [k -r 4. DEFENDANT: I understand I have the right to testify on my own behalf, but I cannot be compelled to be a witness against myself and may remain silent if I so choose. I hereby give up these rights. [ 5. DEFENDANT: I understand I have the right to call witnesses to testify in my behalf and to invoke the compulsory process of the Court to subpoena those witnesses. I hereby give up these rights. 6. DEFENDANT: I understand I have the right to appeal all matters relating to the charge(s) and, unless I plea Guilty or No Coytgst, specifically reserving my right to appeal. I will give up such right of appeal. 7. DEFENDANT: I understand that if I am not a United States Citizen, my plea may subject me to deportation pursuant to the laws and regulations governing the United States Immigration and Naturalization Service; and, this Court has no jurisdiction (authority) in such matters. 8. DEFENDANT: I have not received any promises from anyone, including my attorney, concerning eligibility for any form of early release authorized by law and further no promises have been made to me as to the actual amount of time that I will serve under the sentence to be imposed. Further, I understand that this plea may be used to enhance future crirpipal penalties in any court system, even if adjudication of guilt is withheld. 9. DEFENDANT: I offer my plea freely and voluntarily and of my own accord, with full understanding of all matters set forth i the pleadings and this waiver. 10.DEFENDANT: I have personally placed my initials in each bracket above, and I understand each and every one of the rights outlined above. I hereby waive and give up each of them in order to enter my plea to the within charge(s). I understand that even though the Court may approve the agreement of sentence, the Court is not bound by the agreement, the Court may withdraw its approval at any time before pronouncing judgment, in which case I shallbp able to withdraw my plea should I desire to do so. • II. DEFENDANT: Choose one: If applicable, I choose a program which is or may be spiritually based. JUN If applicable, I choose a program which is NOT spiritually based. . ) 1 4/4 If applicable, I hayyno preference if the program is or may be spiritually based. I 1 Gi30 cr.6 DATE DEFENDANT'S ATTORNEY ONLY: I am attorney of record. I have explained each of the above rights to the defendant and have explored the facts with him/her and studied his/her possible defenses to the charge(s). I concur with his/her decision to waive the rights and to enter this plea. I further stipulate that this document may be received by the Court as evidence of defendant's intelligent waiver of these rights and that it shall be filed by the Clerk as permanent record of that waiv r. c/30/05' OR Y FOR THE DEFENDANT DATE Page 1 of Original - Clerk Green - State Attorney Yellow • Defense Attorney Pink - Defendant Goldenrod - Probatio\O• ..... ev: . 0ft/Y1M Form 2 EFTA00234436  Case 9:08V0804-KAM D. ument 11-2 Entered on FLSD D et 08/18/2008 Page 3 of 21 IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. IN AND FOR PALM BEACH COUNTY CASE NO. eF VV cal YY MwStv 141 CFN 20080267522 OBTS NUMBER OR BK 22760 PO 1081 RECORDED 07/17/2008 08:52:50 STATE OF FLORIDA I1 COMMUNITY Pala Beach County, Florida CONTROL Sharon R. flock, CLERK t VIOLATOR Pg 1081; (1pg) COMPTROLLER E Skin PROBATION VIOLATOR /Pfrbi j XE IDANT o096 5/Al DA' OF IRTH RACE GENDER SOCIAL SECURITY NUMBER JUDGMENT The above Defendant, being personally before this Court represented b coldborr (attorney) ) Having been tried and found guilty of Having entered a plea of guilty to I I Having entered a plea of nolo the following crime(s): the following crime(s): contendere to the following crime(s): COUNT Ft) RIME s kitoe., 29 40• OFFENSE ST.NWE NLIMBfiRlp -4- DEGREE I/tom- 3p and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s). I 1 and having been convicted or found guilty of. Of having entered a plea of nolo contendere or ginI ty.regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794). lewd and lascivious conduct (ch. 800). or murder (s. 782.04). aggra(ya'tefl%at1e€.yTri)784.e45). burglary (s. 810.02). carjacking (s. 812.133). or home invasion robbery (s. 812.135). or any other offense specified in section 9-43.325. Iii?? ' defendant shall be required to submit blood specimens. I 1 and good cause being shown: IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD. JUN 3 1.3 SENTENCE The Court hereby stays and withholds imposition of sentence as to count's) and places the Defendant on • STAYED ) Probation and/or I ) Community Control under the supervision of the Dept. of Corrections (conditions of probtaion set forth in separate order). SENTENCE DEFERRED I ) The Court hereby defers imposition of sentence until The Defendant in Open Court was advised of his right to appeal from the Judgment by filing notice of appeal with the Clerk of Court within thirty days following the date sentence is imposed or probation is ordered pursuant to this adjudication. The defendant was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigene . c DONE ND ORDERED in Open Court at Palm BeachaCount . Florida. this day of (..\ 0/1, C.R. . 2t . wod• il 1111-°1 iji / to. - EFTA00234437 Case 9:08-cv-80804-KAM Dowk:141:4 11-2 Entered on FLSD Do ;,A8/18/2008 Page 4 of 21 ktIVA4 . PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALI. TERMS OF THE NEGOTIATED SI TTLFMEN I Name: Jeffrey E. Epstein Plea: Guilty A 6e4 /9—,—..... . _charge Cpynt Lessei _Dee' ep &b 06CF00945 Felony Solicitation of Prostitution 1 No 3 FUT rocuring Person Under 18 for Prostitution 1 No 2 FT; PSI: Waived/Not Required X Required/Requested ADJUDICATION: Adjudicate (x SENTENCE: On 06CF009454AMB, the Defendant Is sentenced to 12 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. ac.i. y4044. On 08CF009381AMB, the Defendant is sentenced to 6 monthAri the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This 6 month sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB. Following this 6 month sentence, the Defendant will be placed on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein OTHER COMMENTS OR CONDITIONS: As a special condition of his community control, the Defendant is to have no unsupervised contact with minors. and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 anci must abide by all the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time of ti s ple JUN ? EFTA00234438 noatiNtcctit-P-WeirgAtriwotos on FLSD Doc t 8/18/2008 Page 5 of 21 Y AIWA YrOILLOWING Q}.4MUNITY CONTRO ONS OF SUPERVISIO I. . . L STANDARD CONDIT N: IONS: You will remain confined to community service wo your residence except on rk, or any other activities e half hour before an d afteryour approved em You will maintain an hour approved by your Probati ployment, ly accounting of all your ac on officer. officer upon request. tiv ities on a daily log wh (o) The Department Co ich you will submit to yo of rrections, may at its dis ur supervising Community Control. If pla cretion, places you on ced.on Electronic Mon Electronic Monitoring itoring, you will wear a during th private phone line, be. finan cially responsiblefor any monitor at all times. Yo e term of your . instructed. The telephone lost or damaged equip u will maintain a will be available within fiv ment and follow all ru While on electronic monit e working days of being les and regulations as oring you will confined to your reside placed On Electronic residential walls. nce and are prohibited Monitoring Program. (3) If while being monitor . . from being outside the ed an immediately, if the offic d the monitor is found to have been tampered . er determines that your we with you shall be taken outside the. residence the re not at your schedules into custody n in that event you shall be place of work or scho held without bond and shall taken into custody im ol while allowed to be , on the next working da mediately. If taken int disposition aLthe discretio y, brought before a Ju o custody, you shall n of the or es id in dge presiding over his be (s) If placed on Electro i Ju dg e or her case for further nic Monitoring you will pa day, perF.S. 948.09. y to the State of Florida , for the cost of Electro nic Monitoring $100 DekenotaM (4.0 be re , i 64 . 3S - Sr &I (1 c per W • 6•/ : ----Dizoutf4PR lafrPn C CL9L- 33 406 C5s RD CONDITIONS (a) u will submit to and, unless otherwise waive Yo monthly basis, and coun d, be financially respo seling if deemed approp nsible for drug testing, (b) You will enter and successfu riate by your supervisi urinalysis at least on a lly complete a non-secure ng officer. . . your officer. • or inp atient drug treatment pr (c.) You will comply ogra