Case Document Entered on FLSD Docket Page of L.M Epstein Case No 09-CIV-81092-Marra/Johnson Page This Complaint was never served on Epstein within the time required by Fed Civ and should therefore be dismissed Epstein files this motion for the sole purpose of having the cause dismissed and not to subject himself to service More importantly the Complaint may have been used by Scott Rothstein and the criminal enterprise Rothstein Rosenfeldt Adler P.A RRA so identified by the United States of America in U.S Rothstein Case No I CR-Cohn U.S District Court Southern District of Florida in connection with his massive Ponzi scheme which sold investments in fabricated settlements and cases see infra BACKGROUND The Complaint DE was filed on July four months before RRAs billion Ponzi scheme was exposed in November and the RRA firm imploded The U.S government brought an action for Racketeering Conspiracy Money Laundering Conspiracy Mail and Wire Fraud Conspiracy and Wire Fraud against its chairman and CEO Scott Rothstein for using RRA to run a Ponzi scheme See Information DE filed in U.S Rothstein Case No CR-Cohn U.S District Court Southern District of Florida The Information asserts that RRA was utilized by Rothstein to unlawfully obtain approximately billion from investors by fraud in connection with an investment scheme commonly known as a Ponzi scheme in which new investors funds are utilized to pay previous investors in the absence of any underlying security legitimate investment vehicle or other commodity The Information references Rothstein and other unidentified co-conspirators See Information r6 DE in Case No Rothstein conducted the Ponzi scheme by fraudulently inducing investors through the use of false statements documents and computer records to invest funds based upon anticipated pay-outs from purported confidential settlement agreement which had been reached Case Document Entered on FLSD Docket Page of L.M Epstein Case No 09-CIV-81092-Marra/Johnson Page between and among certain individuals See Information if7A DE in Case No Cohn Rothstein manufactured false and fraudulent Court opinions/orders including forging the signature of U.S District Judge Kenneth A Marra and U.S Circuit Court Judge Susan Black I th Circuit in other cases attached as Exhibit hereto At Rothsteins June sentencing hearing Judge James Cohn departed upward from the governments recommendation of years and sentenced Rothstein to years the underlying basis for this upward departure was quoted to be He forged these court orders referring to the Morse case to perpetrate the Ponzi scheme There can be no conduct more reviled than a lawyer perpetrating a fraud on the court Epstein sued Rothstein Bradley Edwards and LM for their participation in the aforementioned Ponzi scheme in the case styled Epstein Rothstein et al Case No in the Fifteenth Judicial Circuit in and for Palm Beach County Florida Specifically Epstein alleged that Rothstein used the cases against Epstein Jane Doe Epstein Case No U.S.D.C S.D Fla L.M Epstein Case No AB in the Fifteenth Judicial Circuit and E.W Epstein Case No AB in the Fifteenth Judicial Circuit as bait to lure potential investors See Complaint in Epstein Rothstein et al Case No In addition Epstein alleged that ROTHSTEIN attempted to lure the entity known as D3 Capital Club LLC D3 by offering D3 the opportunity to invest in a pre-suit court settlement against EPSTEIN yet this supposed settlement never existed and was entirely fabricated Id if28 Case Document Entered on FLSD Docket Page of L.M Epstein Case No 09-CIV-81092-Marra/Johnson Page4 Consistent with Rothsteins Ponzi scheme the Complaint makes a number of false allegations and may have been shown to investors as part of the Ponzi scheme These include a LM was identified as a victim by the FBI and U.S Attorneys office in a criminal investigation against Epstein See DE However LM was not on the FBls or U.S Attorneys list referenced in paragraph of the Complaint Epstein coerc ed or fore ed the then-minor L.M to perform oral sex on him See DE However in her September deposition LM testified under oath at page that she never had oral sex with Epstein Epstein knowingly transported L.M and other minors in interstate commerce with the intent that the sic L.M engage in prostitution See DE However in her February deposition LM testified under oath at page she never traveled with Epstein Counsel for L.M also should know that this action does not and cannot benefit from the Non-Prosecution Agreement NPA referenced in the Complaint L.M has not exclusively pursued U.S.C remedies against Epstein in that L.M has other pending litigation where she seeks damages from various state court claims THE COURT SHOULD DISMISS THE COMPLAINT Pursuant to Fed Civ ifa defendant is not served within days after the complaint is filed the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time Emphasis added Case Document Entered on FLSD Docket Page of L.M Epstein Case No Marra/Johnson Page Epstein requests that the Court dismiss the Complaint DE due to LMs failure to timely effect service pursuant to Fed Civ and because the Complaint may have been used as part of the RRA Ponzi scheme and serves no other legitimate purpose WHEREFORE Defendant JEFFREY EPSTEIN requests the Court enter an order dismissing the Complaint DE and grant any additional relief the Court deems just and proper Respectfully submitted By Isl Robert Critton ROBERT CRITTON ESQ Florida Bar Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CMIECF I also certify that the foregoing document is being served this day on all counsel of record identified on the following Service List in the manner specified by CM/ECF on this 16th day of June By Isl Robert Critton ROBERT CRITTON JR ESQ Florida Bar No rcrit bclclaw.com MICHAEL PIKE ESQ Florida Bar mpike bclclaw.com BURMAN CRITTON LUTTIER COLEMAN Banyan Blvd Suite West Palm Beach FL Phone Fax Counsel for Defendant Jeffrey Epstein Case Document Entered on FLSD Docket Page of L.M Epstein Case No 09-CIV-81092-Marra/Johnson Page6 Certificate of Service L.M Jeffrey Epstein Case No 09-CV-81092-MARRA/JOHNSON Brad Edwards Esq Farmer Jaffe Weissing Edwards Fistos Lehrman PL Andrews Ave Suite Fort Lauderdale FL Phone Fax Brad pathtojustice.com bedwards rra-law.com
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