GOV-5E-1RNM-8E-1NT E-1XHI-4BI-4T Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No 08-80736-Civ-Marra/Matthewman JANE DOE AND JANE DOE Petitioners vs UNITED STATES Respondent I DECLARATION OF A MARIE VILLAFANA IN SUPPORT OF GOVERNMENTS RESPONSE AND OPPOSITION TO Case Document Entered on FLSD Docket Page of Jeffrey Epstein For purposes ofl U.S.C a I was the attorney for the Government although as discussed below no federal criminal charges were ever filed and there was no case as that term is used in the statute I have previously filed two Declarations see DE14 and DE35 This Declaration repeats some of the information contained in the earlier Declarations for ease of reference The federal investigation of Jeffrey Epstein was handled by the Federal Bureau of Investigation FBI The federal investigation was initiated in at the request of the Palm Beach Police Department PBPD into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution amongst other offenses Although the U.S Attorneys Office for the Southern District of Florida the Office opened the matter to conduct an investigation and to evaluate a possible prosecution the Office never accepted the matter for federal prosecution that is the Office never authorized the presentation of a proposed indictment to a federal grand jury or the filing of any federal charge in a criminal complaint or information and no case was ever filed Throughout the investigation the FBIs Victim-Witness Specialist and I prepared and provided victim notification letters See Exs Letters to reported victims were prepared early in the investigation and subsequently delivered as each of those victims was contacted The victim notification letters that were sent early in the investigation were sent to Exhibits designated by a number are attached to this Declaration Exhibits designated by a letter are attached to the Governments Response and Opposition to Petitioners Motion for Partial Summary Judgment and Cross-Motion for Summary Judgment Case Document Entered on FLSD Docket Page of individuals who had been identified as potential victims of Epstein but whom the investigative team had not yet interviewed and had not necessarily determined were in fact victims of a federal offense or came under the protection of the Crime Victims Rights Act CVRA For example the U.S Attorneys Office letters were hand-delivered by FBI agents to Jane Doe and Jane Doe on dates subsequent to the dates of the letters At the time those letters were sent determinations had not yet been made that Jane Doe and Jane Doe were in fact victims of a federal offense or came under the protections of the CVRA Nonetheless the investigative team and I adopted an approach of providing more notice and assistance to potential victims than the CVRA may have required even before the circumstances of those individuals had been fully investigated and before any charging decisions had been made My letters to Jane Doe and Jane Doe notified them of their rights under the CVRA including the right to confer with me and the right to seek counsel with respect to their CVRA rights Id My letters also contained my direct dial telephone number the direct dial telephone number of the case agent Nesbitt Kuyrkendall and the telephone number for the Justice Departments Office for Victims of Crime Id Both Jane Doe and Jane Doe also received letters from the FBIs Victim-Witness Specialist which were sent on January See Ex Neither Jane Doe nor Jane Doe ever contacted me to discuss the investigation potential charges or resolutions of the matter or otherwise If they had I would have been happy to discuss the matter and provide their comments concerns or desires to my supenors I never declined any victims request to confer regarding any aspect of the investigation A subpoena was issued to Jane Doe for testimony and documents in September Within a few days I was contacted by attorney James Eisenberg who informed me that he Case Document Entered on FLSD Docket Page of was representing Jane Doe Mr Eisenberg also informed me that Jane Doe would not provide testimony or appear for a consensual interview unless the U.S Attorneys Office obtained court ordered use immunity for Jane Doe pursuant to U.S.C et seq See Ex A I had several oral and written communications with Mr Eisenberg asking him if Jane Doe would appear under the protection of a standard Kastigar letter but he told me that Jane Doe would only appear if statutory immunity pursuant to U.S.C was received For example in my letter of January I confirmed my earlier conversation where Mr Eisenberg had advised that Jane Doe intended to invoke the Fifth Amendment if questioned and that she was unwilling to speak to the investigative team pursuant to a Kastigar letter See Ex In the same letter of January I raised concerns regarding whether Mr Eisenberg had a conflict of interest See id As noted in Jane Doe Declaration Mr Eisenbergs fees were paid by Jeffrey Epstein the target of the investigation In response Mr Eisenberg wrote the attached letter dated February See Ex Mr Eisenberg stated that it was the attitude of the U.S Attorneys Office in which the office refuses to accept the fact that it is Jane Doe decision not to cooperate with the government that upsets her Id at Mr Eisenberg also assured me that there is no conflict of interest in his representation of Jane Doe In this case I have always been asked and always will exercise independent judgment to follow my clients independent will Id at Despite his expressed misgivings about the Palm Beach Police Departments handling of its investigation Mr Eisenberg stated that Jone of the above is directed at you personally I want to repeat that you have always treated us with respect Id at final paragraph Case Document Entered on FLSD Docket Page of In light of Mr Eisenbergs representations that there was no conflict of interest and in light of his clear statements that he represented Jane Doe I could not directly contact or confer with Jane Doe without running afoul of the Florida Bar rules e.g Regulating Fla Bar and U.S.C I continued to converse with Mr Eisenberg about having Jane Doe appear for a voluntary interview which continuously delayed the investigation To that end on February I provided Mr Eisenberg with two proposed Kastigar letters that I felt should assure Jane Doe that she was being interviewed only as a witness and potential victim See Ex At Jane Doe request I also prepared Office paperwork to obtain authorization for childcare while Jane Doe was interviewed See Ex On February after another conversation in which Mr Eisenberg re iterated Jane Doe intent to invoke her Fifth Amendment privilege and Jane Doe refusal to testify without immunity Mr Eisenberg provided at my request a letter detailing Jane Doe concerns regarding testifying without immunity See Ex In that letter Mr Eisenberg reiterated that Jane Doe will refuse to voluntarily cooperate with the federal government Jane Doe thereafter denied being involved in or a victim of any criminal activity and made statements meant to exculpate Jeffrey Epstein including Jane Doe never touched Mr Epstein in a sexual way and Mr Epstein never touched Jane Doe at all At one point Mr Epstein did ask Jane Doe her age Jane Doe insisted that she was eighteen years old See id Describing Jane Doe 2s position Mr Eisenberg wrote We believe no crime was committed See id Case Document Entered on FLSD Docket Page of Based upon the proffer letter provided by Mr Eisenberg in March I prepared a Request for Authorization to Apply for a Compulsion Order seeking Immunity pursuant to U.S.C for Jane Doe On April Bruce Swartz Deputy Assistant Attorney General approved the request on behalf of Alice Fisher Assistant Attorney General See Ex I then applied to the Court for an Order compelling Jane Doe 2s testimony U.S District Judge Middlebrooks granted the application on April Ex After learning of Judge Middlebrooks Order Mr Eisenberg asked whether Jane Doe could appear for an interview rather than provide formal testimony pursuant to her subpoena so that he could be present On April Jane Doe was interviewed the interview was videotaped Ex During the interview Jane Doe again denied being involved in or a victim of any criminal activity and made statements meant to exculpate Jeffrey Epstein See id Jane Doe also informed me and the FBI agents who were present that she hoped nothing happens to Epstein because hes an awesome man and that she believed that it was a shame that he has to go through this because/hes an awesome guy and he didnt do nothing wrong nothing Id Other than that interview I had no direct contact with Jane Doe during the course of the investigation Jane Doe never contacted me at all either directly or through Mr Eisenberg whether seeking information requesting to confer with me regarding the investigation charging decisions or the resolution of the matter or complaining that she was not being treated with fairness and respect In light of other evidence and witness statements the investigative team considered Jane Doe 2s exculpatory statements to be false Nonetheless those statements precluded us from Case Document Entered on FLSD Docket Page of including her as a victim who would be referenced in any federal indictment Despite this in light of the investigative teams general approach to try to go above and beyond in terms of caring for the victims I continued to treat her as a victim In that vein shortly after the Non-Prosecution Agreement NP A was signed I contacted Mr Eisenberg to ask whether he still represented Jane Doe Mr Eisenberg stated that he did I then told him that we would soon be making victim notifications and asked Mr Eisenberg whether I could send the notification directly to Jane Doe or if it had to be served through him Mr Eisenberg instructed me that any victim notification should be sent to him As explained in further detail below after the NP A was signed Mr Epstein through his counsel made several attempts to avoid having to perform the obligations that he had undertaken in the NP A Several of those attacks alleged prosecutorial misconduct by me and Epsteins attorneys used my efforts to provide a post-NP A-signing victim notification to Jane Doe as evidence of that claimed misconduct See e.g Ex In response to Mr Lefkowitzs ruinous allegations against Jane Doe and myself on December I sent a response to Mr Lefkowitz defending myself and Jane Doe Ex During the course of the suit filed by Jane Doe and Jane Doe the Petitioners have alleged that the case agents the U.S Attorneys Office and I personally committed acts that violated their rights under the CVRA They have pointed to various pieces of correspondence with counsel for Epstein to suggest that the negotiations were not at arms length or that certain things were done inappropriately in order to keep the victims from finding out about the NP A Their interpretations and assertions are incorrect Case Document Entered on FLSD Docket Page of In the summer of Jeffrey Epstein through his attorneys and the U.S Attorneys Office for the Southern District of Florida the Office entered into negotiations to resolve the investigation Prior to that Epsteins attorneys had made several attempts to convince the Office to discontinue its investigation and not pursue any possible federal prosecution of Epstein These attempts were rejected At that time Mr Epstein had already been charged by the State of Florida with solicitation of prostitution in violation of Florida Statutes Mr Epsteins attorneys sought a global resolution of the matter The Office instructed me to engage in negotiations to reach an agreement with Epstein to defer federal prosecution in favor of prosecution by the State of Florida so long as certain basic preconditions were met Epstein would have to serve a jail sentence of two years later reduced to months Epstein would have to register as a sex offender and Epstein would have to accept liability to the victims identified in the federal investigation for damages in lieu of the restitution that would have been mandatory if Epstein had been convicted of the federal offenses under investigation Prior to the Office making its decision to direct me to engage in negotiations with Epsteins counsel I discussed the strengths and weaknesses of the case with members of the Offices management and informed them that most of the victims had expressed significant concerns about having their identities disclosed While I was not part of the final decision-making at the Office that arrived at the two-year sentence requirement I was part of the discussions regarding sex offender registration and the restitution provision It is my understanding from these and other discussions that these factors that is the various strengths and weaknesses of the case and the various competing interests of the many different victims including the privacy concerns expressed by many together with the Offices desire to obtain a guaranteed sentence of Case Document Entered on FLSD Docket Page of incarceration for Epstein the equivalent of uncontested restitution for the victims and guaranteed sexual offender registration by Epstein to help protect other minors throughout the country in the future were among the factors that informed the Offices discretionary decision to negotiate a resolution of the matter and to ultimately enter into the NP A After the fact Petitioners are critical of the NPAs terms They have alleged that Epstein would easily have been convicted and that all of the victims were eager to participate in a full-fledged federal prosecution Alternatively they have suggested that a successful federal prosecution could have been mounted based solely on Epsteins actions with Jane Doe and Jane Doe As the prosecutor who handled the investigation I can say that these contentions overlook the facts that existed at the time the NPA was negotiated First as set out above Jane Doe clearly stated her opposition to assisting the investigation much less a prosecution She was not alone As noted in Special Agent Kuyrkendalls Declaration many victims expressed reservations about assisting in the investigation For example Special Agent Timothy Slater described how one victim told him that she did not want to be bothered again she had moved away to distance herself from the situation and she wanted to let this be in my past Ex at Similarly the person whom Petitioners refer to as Jane Doe also had been approached by the investigative team in but refused to speak with them See D.E at Regardless of the perceived strength of the corroborating evidence it was and remains my professional opinion as an experienced prosecutor that a successful prosecution would have required convincing all of the identified victims to come forward and speak publicly at a trial knowing that they would face public scrutiny and withering cross-examination Using my best efforts to accord all of the victims their right to be treated with fairness and with respect for their dignity and privacy and in Case Document Entered on FLSD Docket Page of the exercise of my prosecutorial discretion I believed and still believe that a negotiated resolution of the matter was in the best interests of the Office and the victims as a whole The Office had also reached that same conclusion Second the suggestion that a successful prosecution could have been mounted naming only Jane Doe and Jane Doe as victims is overly optimistic at best The investigative team and I worked tirelessly to put together the evidence necessary to prove beyond a reasonable doubt that Epstein committed federal offenses We recognized how difficult a trial would be and that a successful case could be made only if a jury heard from a long series of credible victims who did not know each other to avoid an allegation of collusion and who had all been subjected to the same treatment at Epsteins hands A case involving just two victims who knew each other including one who had previously stated on videotape that she never engaged in sexual contact with Epstein would never have been charged as a federal case must less resulted in a conviction Negotiations to resolve the Epstein matter were difficult and it was not clear that they would be successfully completed If Epstein did not enter an agreement with the Office then the Office needed to be in the best position it could be to charge and convict him Accordingly I did not want to share with victims that the Office was attempting to secure for them the ability to obtain monetary compensation for the harm they had suffered I was aware that if I disclosed that and the negotiations fell through Epsteins counsel would impeach the victims and my credibility by asserting that I had told victims they could receive money for implicating Epstein In fact Epsteins attorneys made exactly that claim in a deposition of one of the victims See Ex at Attorney Michael Tien who represented Epstein asked one of the identified victims the following questions Case Document Entered on FLSD Docket Page of TIEN Now tell me about when the federal prosecutors told you about getting reimbursed A TIEN A TIEN A TIEN A TIEN A TIEN A TIEN A TIEN A I have no idea what youre talking about Tell me about when the federal prosecutors spoke to you about getting money you feel you re entitled to from Mr Epstein I dont know what youre talking about Do you know who Marie Villafana is No sir Did you ever meet with any federal prosecutors I think-yeah I think they were I think they were like FBI Uh-huh Did you meet with federal prosecutors They came to my house one time yes When did they come to your house Very long ago Was it this year It was not this year no Was it Id have to say at least two years ago or a year ago yeah So it would be but it was a while ago TIEN So ifl say the name to you Marie Villafana you dont know who that is A No sir TIEN How many women and how many men came to your house A I want to say two ladies and two guys TIEN Did someone named Jeffrey Sloman come to your house A I dont know names sir TIEN Do you know who Jeffrey Sloman is A No sir TIEN And you say you dont know who Jeff Sloman is A No sir Case Document Entered on FLSD Docket Page of TIEN Does it refresh your recollection that hes the number two prosecutor at the U.S Attorneys Office A No TIEN That hes Marie Villafanas boss A No TIEN A TIEN A Did you meet with an agent named Nesbitt Kuyrkendall a woman I dont know Did Ms Kuyrkendall speak to you about getting reimbursed from Mr Epstein Ive never had a discussion with anyone about getting reimbursed from Mr Epstein TIEN And weve learned that many of the girls some of whom are as old as were told by the government that they would get money at the end of the criminal prosecution Does that sound familiar to you A No sir While I knew that none of the Special Agents or I had ever discussed lawsuits or even restitution with any victim during any of their interviews and that First Assistant U.S Attorney Sloman had never met any of the victims this was exactly the type of cross-examination that I anticipated Epsteins attorneys would try at a trial The Office and I concluded that opening up the possibility for such impeachment would be detrimental to the prosecution of Epstein if a negotiated resolution failed and Epstein were thereafter to be criminally charged As noted above the negotiations were difficult and at times I urged the Office to break off negotiations when I felt Epsteins attorneys were proceeding in bad faith Despite my reservations I attempted to conduct the negotiations professionally and cordially Petitioners in this case have attempted to construe some of my communications to suggest that I was overly friendly with Epsteins counsel to the detriment of the victims or that I was taking steps to undercut Case Document Entered on FLSD Docket Page of the victims ability to be present at any change of plea These allegations are erroneous I was simply being professional and cordial with opposing counsel For example I am chided for an email regarding researching misdemeanor charges see at but as noted above I was instructed to construct a plea to federal or state offenses that resulted in a sentence of two years later reduced to months This required me to find a relevant charge with the agreed-upon statutory maximum and then determine whether the facts developed in the investigation fit that charge I was unable to find a relevant federal charge that had a statutory maximum of two years and that required me to research the possibility of stacking two federal misdemeanor charges The Petitioners also suggest that I attempted to contrive to establish jurisdiction away from the location where the crimes actually occurred-and away from where the victims actually lived-so as to avoid the public finding out about anything at ti This also is false By the time of that email there already was intense press coverage of the case including efforts to publicly identify victims As noted above and in the Declaration of Special Agent Kuyrkendall and even in the letters from Jane Doe 2s counsel Exs and the victims who had been interviewed in the federal investigation were most concerned about keeping their identities secret The possibility of press coverage was a strong deterrent to their participation in the investigation and possible prosecution My reason for recommending filing charges in Miami was to protect the privacy interests of the victims in the case by allowing them the opportunity to attend court proceedings by definition proceedings open to the public with a reduced chance that their identities would be compromised The FBI and the U.S Attorneys Office regularly transport victims from their homes to court proceedings and the same would have occurred if Case Document Entered on FLSD Docket Page of federal charges against Epstein had been filed in Miami Similarly with regard to the selection of the attorney representative for the victims I recommended two Miami attorneys whom I knew to have reputations for being tenacious skillful and committed to protecting their clients rather than burnishing their reputations in the press Although I understood that any civil suits that were filed would be publicly available in light of the stated desire of most victims to remain anonymous I did not believe that an attorney representative who actively sought out press coverage would be best suited to represent the victims in this case and protect their privacy interests Petitioners suggestion that it was the Office rather than the victims who desired confidentiality also is misplaced Even now more than a dozen years after the investigation began the Petitioners are proceeding by pseudonym to protect their privacy and the Office has asserted the privacy rights of the other identified victims as has counsel for other victims e.g DE All of the victims who filed civil claims against Epstein did so by pseudonym and some victims did not even pursue civil claims for fear of being publicly identified A suggestion that ten to twelve years ago when many were still teenagers the victims were willing to step forward in a public forum and expose themselves to public scrutiny much of which was unfairly critical of them is unfounded and untrue In June while Jane Doe and Jane Doe and many other victims were pursuing their civil suits against Epstein and while the instant case was pending the Court asked me to address an issue related to the NP A and the civil suits With counsel for Petitioners present I informed the Court that the non-prosecution agreement sought to do one thing which was to place the victims in the same position they would have been if Mr Epstein had been convicted of the federal offenses for which he was investigated And that if he had Case Document Entered on FLSD Docket Page of been federally prosecuted and convicted the victims would have been entitled to restitution regardless of how long ago the crimes were committed regardless of how old they were at the time and hold old they are today or at the time of the conviction And it also would have made them eligible for damages under U.S.C And so our idea was our hope was that we could set up a system that would allow these victims to get that restitution without having to go through what civil litigation will expose them to You have a number of girls who were very hesitant about even spealdng to authorities about this because of the trauma that they have siiffered and about the embarrassment that they were afraid would be brought upon themselves and upon their families So we do through the non prosecution agreement tried sic to protect their rights while also protecting their privacy Ex at emphasis added None of the victims attorneys who were present including Petitioners counsel disputed my statement and that statement remains true today The investigative team the FBIs victim-witness coordinator and I all proceeded with a victims first approach and we all used our best efforts to protect the victims and accord them their rights Petitioners allege that I did not give their now-professed desires to have Epstein prosecuted sufficient weight but they never communicated those desires to me or the FBI agents and my role was to evaluate the entire situation consider the input received from all of the victims and allow the Office to exercise its prosecutorial discretion accordingly Petitioners motion also suggests that some of the terms of the NPA or my actions were improper see at i,r First plea negotiations like settlement negotiations whether between the parties in the instant case or between Jane Doe Jane Doe and Epstein are normally kept confidential Rule ll of the Federal Rules of Criminal Procedure prohibits judicial involvement in plea negotiations and the Eleventh Circuit has ruled that there is a bright line rule that courts should not offer any comments on plea negotiations See e.g United States Johnson F.3d 11th Cir United States Tobin F.3d Case Document Entered on FLSD Docket Page of 11th Cir Likewise Federal Rule of Criminal Procedure requues confidentiality for persons subject to a grand jury investigation My recommendations to opposing counsel to limit any plea agreement to its essential terms rather than disclosing the reasons behind those terms and to exclude the names of persons who would not be parties to the agreement was in keeping with those general policies Finally when at an impasse in negotiations a change of venue can be beneficial such as when settlement conferences are held in a judges chambers or a mediators office rather than in the office of one of the parties My suggestion to meet Epsteins counsel off campus was in no way improper it was simply an effort to facilitate a resolution through a meeting at a neutral location but that meeting never even occurred On the other hand during the course of the investigation I routinely traveled to meet with victims at their homes their jobs and at coffee shops With regard to paragraph of copies of emails sent to and from my personal email address were produced in discovery Pursuant to my agreement with Mr Edwards counsel for Petitioners personal email addresses were redacted Some of those emails are included in the exhibits attached to Petitioners motion See e.g In the end the Office and I agreed that no federal misdemeanor charges adequately addressed the facts of the case and the Office decided that instead it would forego federal prosecution if Epstein pled guilty to an applicable state offense that would require sex offender registration and an 18-monthjail term and if Epstein also agreed to allow the identified victims to obtain an uncontested recovery of damages in lieu of the restitution that would have been available under federal law Case Document Entered on FLSD Docket Page of Also with regard to the confidentiality of the Non-Prosecution Agreement the statements contained in paragraph of are accurate As courts have aclmowledged NP As are not made part of a public court file but are maintained by a prosecutors office The Privacy Act Fed Crim and other statutes and rules keep private files related to subjects of investigations There are some laws including FOIA that limit the confidentiality of those files but generally speaking there is no public right of access to the Offices files Thus the assurance that I would not distribute essentially leak the NP A was simply an assurance that I intended to abide by Office and Department policy and the law The NPA made clear that the Office would disclose the NP A in response to appropriate FOIA requests and compulsory process but would provide Epstein with notice before making such disclosure Ex at In part this notice would ensure that no unlawful disclosure would be made mistakenly and subject the Office to civil liability Nothing in the NP A prohibited disclosing its terms to the victims the confidentiality provision covered only the document itself Petitioners motion contains a number of other criticisms of the terms of the NP A but despite my letters to them giving them my telephone number and encouraging them to contact me neither Jane Doe nor Jane Doe ever contacted me or Special Agent Kuyrkendall prior to the signing of the NP A to ask about the investigation or to encourage prosecution Jane Doe specifically told me that she did not want Epstein prosecuted Other victims had told me their fears of having their involvement with Esptein revealed and the negative impact it would have on their relationships with family members boyfriends and others Once the NPA was signed on September I asked the agents to meet with the victims to provide them with information regarding the terms of the agreement and the Case Document Entered on FLSD Docket Page of conclusion of the federal investigation I also anticipated that they would be able to inform the victims of the date of the state court change of plea but that date had not yet been set by state authorities at the time the first victims were notified Special Agents Kuyrkendall and Richards met with three victims including Jane Doe soon after the NP A was signed It had been anticipated that they would meet with all the victims However almost immediately after the NPA was signed Epstein through his counsel began to delay and inhibit the performance of his obligations under the NP A First he challenged the method for selecting the attorney-representative provided by the NP A for victims who wished to use that attorneys services in seeking damages from Epstein Among other efforts Epstein also sought to challenge the list of victims identified during the course of the investigation and as mentioned above specifically attacked the inclusion of Jane Doe as a victim because of her exculpatory statements While Petitioners here suggest that I was too lenient in my handling of the negotiations with Epsteins counsel after the NPA was signed Epsteins counsel raised challenges that I had been too aggressive These and other attacks and efforts to avoid the NPAs terms led the FBI investigative team the Office and me to conclude that prosecution and trial remained a possibility and we should prepare as such This meant that the victim notifications had to cease because we no longer knew whether Epstein would perform under the NP A and hence we did not know whether providing information about the NP A would be accurate and we believed that Epstein through his counsel would attempt to use victim notifications concerning the NP A to suggest that the victims had been encouraged by the FBI or the Office to overstate their victimization for monetary compensation The FBI and the Office decided therefore to do no further notifications Case Document Entered on FLSD Docket Page of regarding the NP A at that time Our concerns were prescient as shown by the deposition quoted in paragraph above This deposition occurred in February during the period that Epstein was complaining to various levels of the Justice Department about the investigation and the NP A Accordingly the investigation continued while Epstein raised numerous erroneous allegations against me the investigative team other Office personnel and the victims seeking release from the Office and the Department of Justice of the obligations he had undertaken in the NP A See Exs While those appeals proceeded to the U.S Attorney the Child Exploitation and Obscenity Section in Washington D.C the Assistant Attorney General and the Deputy Attorney General the investigative team and I continued interviewing and identifying victims issuing subpoenas and collecting evidence The investigation continued up until the day that Epstein entered his state court guilty plea One of the people who was re-interviewed after the NPA was signed was Jane Doe who was re-interviewed on January I was present for that interview Since I was aware that Epstein might proceed to trial as with other victims whom I interviewed I asked Jane Doe whether she would be willing to testify ifthere were a trial At that time Jane Doe stated that she hoped Epstein would be prosecuted and that she was willing to testify The FBIs letters of January informing Jane Doe and Jane Doe that the case was still under investigation and that it could be a lengthy process Ex were accurate Jane Doe re interview was part of that continued investigation so no one was deceived The process was not lengthier only because Epstein ultimately entered his state court guilty pleas as contemplated by the NPA Case Document Entered on FLSD Docket Page of In mid-June Attorney Edwards contacted your Affiant to inform me that he represented Jane Doe and another identified victim not Jane Doe Attorney Edwards asked to meet to provide me with information regarding Epstein On June Attorney Edwards sent me an email stating that he had information and concerns that I would like to share and that he wanted to meet with me to discuss his plans As noted in the email he had one client at the time who has been referred to in this suit as Jane Doe and he did not state that Jane Doe wished to meet with me Id I invited Attorney Edwards to send to me any information that he wanted me to consider At the time of my conversation with Attorney Edwards I was still preparing to present charges against Epstein if Epstein succeeded in having the NPA set aside or ifhe failed to perform the terms of the NP A I did not disclose the existence of the NP A to Edwards because I did not know whether the NP A remained viable at that time or whether Epstein would enter the state court guilty pleas that would trigger the NP A I was aware that a final decision on Epsteins challenges to the NPA and the federal investigation was expected shortly so I impressed upon Attorney Edwards that time was of the essence Attorney Edwards sent nothing at that time nor did he ever inform me that Jane Doe and/or Jane Doe wanted to confer with me before any resolution was reached If anything had been provided by Edwards Jane Doe or Jane Doe I would have reviewed it and shared it with my superiors I also advised Attorney Edwards that he should consider contacting the State Attorneys Office I was informed however that no contact with that office was made At that time attorney Edwards had also alluded to Jane Doe so I advised him that to my knowledge Jane Doe was still represented by Attorney James Eisenberg He did not dispute or correct my understanding Case Document Entered on FLSD Docket Page of On Friday June at approximate p.m I received a copy of Epsteins proposed state plea agreement and learned that Epsteins state court change of plea was scheduled for a.m Monday June The Palm Beach Police Department and I attempted to notify the victims about that hearing in the short time available to us I specifically called attorney Edwards to provide notice to his clients regarding the hearing I believe that it was during this conversation that Attorney Edwards notified me that he represented Jane Doe I urged attorney Edwards to have his clients attend the hearing so that they could address the Court if they wished and I stressed the importance of the hearing I never told Attorney Edwards that the state charges involved other victims and neither the state court charging instrument nor the factual proffer limited the procurement of prostitution charge to a specific victim In fact as mentioned in supra I had encouraged Attorney Edwards to contact the State Attorneys Office to discuss his client and the Epstein investigation with the state prosecutor Attorney Edwards informed me that he could not attend the hearing but that someone would be present at the hearing The case agents and I attended the hearing as members of the general public and did not publicly announce our presence since we were there only as observers Neither attorney Edwards nor any of his clients were present and no one identified themselves to me the FBI agents or the state court as being present on behalf of the petitioners I II II I I II Case Document Entered on FLSD Docket Page of On July attorney Edwards contact ed me to discuss how the Epstein matter had been resolved and to raise concerns regarding that resolution I share the concerns that attorney Edwatds raised with m.y supeli.ors at the U.S Attorneys Office I declare under penalty of perjury pursuant to that the foregoing is true and correct to the best of my knowledge and belief Executed this day of June Case Document Entered on FLSD Docket Page of EXHIBITS TO VILLAFANA DECLARATION Exhibit Number Description January letter from A Marie Villafana to James Eisenberg with attachment redacted February letter from James Eisenberg to A Marie Villafana redacted February fax from A Marie Villafana to James Eisenberg with attachments redacted February Authorization for Reimbursement of Unusual Expenses redacted February letter from James Eisenberg to A Marie Villafana redacted April Order from Judge Middlebrooks redacted December letter from A Marie Villafana to Jay Lefkowitz redacted January Declaration of Timothy Slater Section Chief Federal Bureau of Investigation redacted February Deposition Transcript State of Florida Jeffrey Epstein redacted June Hearing Transcript Jane Doe et al Jeffrey Epstein S.D Fla Case No Case Document Entered on FLSD Docket Page of Exhibit Case Document Entered on FLSD Docket Page of DELIVERY BY BAND James Eisimberg Esq Australian Ave ste West a lm Beach FL Re Federal Dear Jim U.S ep 11rtm nt of Ju ti ce United icrtes Attorney Sor1t/1em Distfi Jt of Flor-ii/a Sout/J 267ulim,Ave Suite 4fJO West Palin peach FL SW l!S/mife have ciiclosed a new Jlubpoena torT MII As I mentioned earlier is not a tat 267get of this investigation and the United St;at seeks her testimpn.y solo as a victim/wit:Q Ss Duri:bgour f;i.St cony4satiqn regarding Ms yo mdicated that she was uuw:illing to spec with us plusmutt to a Ka?tjga 1yf:ter ancJ th lt she also wasu ill to speak with the lildm mds to invoke the Fift Amendment if question,ed Please confer with her confum whether this te;mains her pc;,sitio If it is pl6as13 advis in writing EvenifMs is inc ined to irtvoke her Fiftl1 AJ;ne rtdm ept rigj1ts she nmst sip appear pll SUaht the subpoena so that I may ask hel que.!itiOD th at would not require the invooatio fthe Fiflh.Anie lm ent ff sQ_e still invokes I intend to n1 ove compel henmswers Ifyun yo 9Ti Mava.iJ le o.n febrrui.ry ple13se etme knowt another Tu esda whep you are a,va ilab i al am concern abo a pot ntial on fHot of inter sti your1 pr erttation 9fMs In 9ase of firtu.re li tiga.tion regarding tln is ue please provide me wit informatj0n gardingwh.o is payin directly or indirectly for yo ut se ces el1alf of Ms a the scope your representa Wn whether yo re Idng_ recti.on on tbi matter fr?ni 267art yo otber 267than Ms Iii If any fo1JDa or mfmmal.Jmnt fense agreements eXJSt Whether"in writing or other lisei leas provide-a copy of such agrecmlent If he agreement is t!:elY OrcJ.I please provide a writt ary tl:f its tem i GOVERNMENT li EXHIBIT i Case No Case Document Entered on FLSD Docket Page of JAtyiES EJSEN.BERG ESQ JANUARY PAGE2 I look forward tp your response By Sfoo.etely Alex cler Acosta uni State A rr A Mti.t:ie Vill Assistant United States Attorney Case No 6-CV-MARRA I Case Document Entered on FLSD Docket Page of United States District Court SOUTHERN DfST OF FLORIDA SUBPOENA TO TESTIFY SUBPOENA FOR PERSON DOCUMENTS OR OBJE TS YOU ARE-HEREBY COMMANDED to appear Fld testify byfoteth 0-tanq Jury of the Unitep.StJites Dis1npt Court at the place date and time specified 267below PLACE lJtrited States District Courthouse Cleroi tis Stre West Pahn Beach Florid,a DJ TE AND TIME FebruQIY ioo7 YOU ARE ALSO CO ED t6 bting with you the fi ilowing doop:ment or 9l:ij ct Please coordinate your c.c;impUaniee with tbis subpoen nd cottfitm the date and tim and Iocati6i;t of yo appearance with Special Agen,t Nesi:,ftt.Kuyrkendaii Jied raLBJrreau oftnv tigl tion Telephone This subpoemi shall remain fn effect 265ntil you are granted leave to by tM cioi.lrt or by an officer acting on be.p.alf of the cotut 267DArli BY DEPOTY CLEAA January Name Address and Phof Ntimbe;,r of Assistl nt U:S AttoP1 AnnMan,e Villaf"4ifa 274siltt!!UtU,S Attoni So Aush:aliaI Aven Suite WestfaJnf l;l,i;ch 267TeJ fa bll:i fu n,tl or QJ Case No CV MARRA Case Document Entered on FLSD Docket Page of Exhibit Case Document Entered on FLSD Docket Page of EISENBERG FOUTS P,.A Attorneys A,t Law JAM.Jl ENJ3 RG Florido Dnr llonril CcrtlJJcil rimil Tiinl YlOt N:illnl ll-0nrd Of1rial-A.d ocucy Celtified Crlml1tl riql Advmmre KAl GJ A.Li.O FOlITS On enrlake ntre uile!7pil tral i A venue South W!!St i mBcach I.I L3 34Ql Fax Feb1ary A Mntie ViUufana As.st U.S Attprney South A,ustriufon Avenue Suite West.Palm Beach FL Grand Jqry Sub po tlafo.1 1IMI Dear Ma1 lreceived_yout letter dated Tantwy 2OO7 withregard to I wttst a,dm.it foroed myself to wait severaJ days tcrrespoud in order to ceel off and not say-anything I wou ld tegret lf tcr Now that time has passed allow me to resppnd appropriately If y1 want to force Ms a single mother to come to the to personaUy invoke i Fifth A1endn;iont rights she will be there Th a does retnain her position Mr only I qu es t-is that ovide a babysi Se:tyio for et cb will be 265erel ut am not paid tQ babysit and.Ms MIii should not ay someone ft1s-tlus type att1tude that your office fus es to accevt the fact fbat it Ms1 M-s dedision not to coop lE ate with the ov elit that upsets he1 Your office fai,ls to recognize that merely comjtlg to court ill a problem for a Sh1gle moth lik Ms 1v.l ari.d under these circ mstance ppears t0 be a waste of U11e at qe and Jn het m.i.nd 13on smue Rest assur dtI 265itth els no coniliot of int 242rcstin my repr sentalfon of Ms MIi hi this caseiba.,ye-alwa be asked ru ays 267will exelolse independent,p..rdgl:l entto follow my clients indep en dent will The remainder tlr yow qLiestions as to this lliatter aJ.e te.alJy 11onc of the Gov r.m:nenfs busin ss I will share with you that one of th reasons for our position that Ms invoke he Fll Ameti,dtue;r1.t dght au choose not to volu.rJ.tadly CQOpernte with tj Governm,ent is our concertt that.the Gove ent is uotexercisu1g in dopendontjudgnte 265tin this case T:l;J.e h1 t0ry oftQ.is ca een il th new 1japers The is bajng prosec Tf J..o State co 1.lf est?itetl1e state court prosecul;ion th fown of Palm Beach Po.lice Cbief went on what oqn only be Case No I GOVERNMENT I EXHIBIT I Case Document Entered on FLSD Docket Page of A Marie Villafati Asst U.S Attorney Febn.J.atY i Page Two described as a public rampage in the newspaper whe.n th ca was not prosecuted to his _liking that remii;i.ded me of a s:tnall child having a_publio temper tarrt::rwn In mY thirty yl;li;tt of xperieuc I have.never seen a law enforcetnent officer like tl-i:fs pu,blicly mal what appeared to be a political Cf,!.Se in.the uewspapet for a prosecution and publfoly cr.itloize anyot1e who got bis way including the elected State-Attotney This resulted in a fodoral ilivestigation on a topio no one J,I1embers the Federal 267Government ever being-interested iri prosecuting before Although I am ce1tam petsbnally have not bad your decisiou making prpcess compromised the apperu:ance that your office is be,ing ilifluenoed by lhe Town of Palni Beach Police Chle:f agenda-is very real Under these citourgstanceg;J dOJit ser how n.y la zyer o.oii.ld F.!d-Vls any client to voluntm:Hy cooj.lernt Of fal conc is that the Town of abn Bea,ch Poliqe haV promoted p1osecuti:Q.g at least oue of the girls who allegedly gave massages One final thought My 242lieut WJ,d my ar tb.at Ms Mloouid be p:ros cnted is enhat1ced by the demand for the persop.al a:ppeatilO.ce 9e in your letter Ymrr initial Kastiger letter.foll far short Ult gthe fi,mcifortal equival nt ofDOJ immu:tiity Severalm nth a I wa _given the di ID1press10n through our convers tions that you were gmng to obtaj11 DQJ unmuruty for Ms MJ1 Now the govetntuent is c:b:at1gmg COl,.lJ;Se for l.j.O appare11t SQP This leads to speculation ih the only leasori for fhe 225nabout is that prosecution il1 either state ot fed ral comt is being cci1isidered qy SQffiyOlle drretted at you personally i want to repeatthat you have alway treated us with office should advise tire town.Polle Cliief to act in a similar fashion Case No Case Document Entered on FLSD Docket Page of Exhibit Case Document Entered on FLSD Docket Page of O.S Depltlli n,t of Jl1stii,:e United State Attorney Sot/iett1.District of Florida Marie Villafdfiq SOO Soul.I Aulfralltm Ave S11it West Pa/1 teach Flm a Facsimtfe FACSIMILE COVER Case Document Entered on FLSD Docket Page of DELIVERY BY HAND Ms MI o/o unes EiseJJ.betg Esq Australian Ave Ste West Palm Beach Re De!llMs,1 DepaI14tl:ent of Justice United Stat Attorn Southern D.istlict of Flwlda 2678outh Aastr lktn Ave Sutt We.st Palm Beach FL Facsimilt February this letter qqufirms the 267understa11ding between yovrself and the United Stat ls Attorneys Of,flby for the Southem District-of Florida You bave represented that you wil trat:hfully answer fu stlons of the federal gove1trtent in its iuvestig tioli of the pfocutement of prqstitutes ar 265qngst others You ill s:irpply complete and trQ.th:ful fofonnation to the attotn 1ys and law enforcement of:fieets of the federal govemment ind to hi 1i IDfl.Y conduct an investigation as well as in any other proceeding ated to or growing out of this investigation The 267obligation of t11;1llifr!l disclosure includes mr obligation to ptovlde the attorneys and law ertforce:t;nent officer 9fthe federa1_gqvettID1ent with my dooum-ents record or other tangible evidence within yqur custody or control re-la ting to the matters bout 267which y9u are 267questioned You-will neither attempt to protect any person or entity through fals.e infoi:mation br omissi9n n-0r falsely iniplii:;mte ap.y per on or entity No atements provided by you _on this date in tl matter pursu to th.ts affi 267eeme.nt will be offored.iutp evidenpe in anycriininal cas_e aga11l!lt you except during aprosec1;1tion for perjtrry 267gi,vitig a false statement However ifit fo determined that you liave materiallyvio lated anyptpVision of this agtee:rnent 267all stateruents tqtidl;l yo i shall be adqiissible in evidence against yoti hi an:Y 267proceeq.ing Th federal govermnent D.IB fre-e to use infonn ition de-riv from the tt stimony dn:e.ctly al indirectly for the putpps of obtaining leads to other eyiden9e wbiQli"may be itS agaiijst you o.u expressly Wah1e any right to ofaim tha,t suob evidency should be intrqduq because it was ob.tained as a result of the granJ JU testi:inony 265rthennore the deral govem;thent u1.ay use st?-teme mady in the grand jury test4nony and ail evidence de:tfved diteotly ot inditectly tl1ere:fro1 for fuf purpose of cr exi.utrination if_yqu testify at.any irl?-1 or ifycrt1 Case No Case Document Entered on FLSD Docket Page of Ms,T._M_ FEBRVARY PAGll2 sul iltll11ony that contrad;icts YQUl Jrior statements and te 267stimonY No additiOTI.al promises agreements and cbri.ditibnil have been tered info othertha:n those set forth in this lettvr and none wiU be entered into unlt;;sS in v:,rp_tfu and 267signed PY all paities Al ler Aco ta Unite-a States Attomey A Marie Villafafia Ass.istau..t 1Jnite.d Statys,Att9rp.ey I have read this agreement and 9-iscussed it with-J;lly attonwy and hereby aolmowledge that it fully sets forth-:tny 267agreement with the office oft4e.Upitvd States Attorney for the Southern Dishict of Fl lrlda I state tha,t there h-a;ve been no additional promises agil?eillents pt repte.1;entations made to me by any-qffic;ial of the United Stat in connection with this rriattl;l:t Dated Febli,laty We Jtl?alm Beach Fiorida Witne.s ed by Case No Case Document Entered on FLSD Docket Page of DELIVERYBYHAND James Eisenberg Esq A tralian Ave WBITT Palw Beach FL Re 1IMI ar Mr Eise.1.1herg U.S Depattntent of Justice United States A.ttorney Southeiri-DisMct-of FloJ-ida So tfi At 267tralian A.-ve 1itte400 West Palm B.eMh FL fl Fac iin Febrnary I am writing to clarify the ground ruJes fot the futen,i with your plient MIC"your client to ocpur Februruy As I myntioned ear.li Ms is not a u;get or-subject of this investigatiort but inst ad is being interviewed solely as victim/witness Boweve1 to adqress your i;:onqem abo J.t criminal exposure if your oliep.t co:i;rrplies With every provision of this agreetne:h"S then the tJ tited States Att9meys Offo?e for the Southern District 267pfFldrida Office will tr all sti!tements made by your cli mt.d 265iirtg the interview as statements made p1irsuw,it to Rule of the Federal Rul"es of Cdmina1 Proq di.lre ms is not a gra Qf immll11ity which Gart be ghn:m otilywith approval of the Justice Dypartm nt but protect yout client froth having the statem-ents m_ade by her during the tetview fr being used B,gainst her directly guard again.s y-roisunqerstanding thl:l int rview of your qlient tlus letter se forth the terms o:rtius agreement Qlfl qlient agrees to be fully interviewed that is t9 provid info1ia.tion your olient knowiedge of and participation fa rirnirtal 6-tivity 261ticludin-g but not fanite.cl to the procnu:e-m.ent prbstitutes Theprotectio:u 267-qfthi letter applies to an interview th be condiicted by this Office Agents nfthe.Federal 267Bureau oflnvvstigfl.f:i:O i-and any oth 9-eral 1aw enfotcerue_nt agency this Ofp.C!;l rpay req1J.ire Unde-r tp.is agtee:ment n0 iufonpation disclosed by your liept dudng the itityrvtew will be offered in 267evidert_ce againElt hel in any criminal oiyil pm eding provided that your c1font o.omplie with-.th:is 267agreement and that tb.e foformation your client fu.rtiish I tri.lthful,.complete ccur te If owever your pli nt gives l-terh1Jl y-f lse fu.complete or misleading in.:fmmati on Case No Case Document Entered on FLSD Docket Page of JAMES EI ENBBRG ESQ Ri3:1MI FBllRUARY PAGE2 then t;tls Office may use such infotmation in any mattyr or-proceeding an,q your olient is subject tb proS!30utiq11 for perjury obstruction 243justice and making false ita.ty1en:t to govetmn nt ag f1.0ies Any such 267prosecution may based tipon,.fofotn1a.tio11 provided by ymir ciient during tJ1e courst"c of the interview and such il;1.fotmatio itichiding your client sta rnents will be admissible against your clfont in any gt13,ud jury ot other proceeding The_gove.tm.nertt also may us.e statements made by your client in the mtervfow and all t;,vidence tived cfueotly or iridir ct1y th refrom for the p_urpos of impeachment or cross-e 274i;iminatl.011 if she testf figs at any tdal hearing and/or-in ti.Y rchuttal case 267against yam olie.I;l.t in a criminal trial in which she is a defendant or a w-itne Th provisions are nt:oessary tQ ensure that your cHent does not make ot offer any false representation or statement in any pTQC Jedi-ng or to a gov tmrte:lJ.t agency or 0om1.it pe1jury du.ring any testimony Your cifont further cj.gtees th attorneys for the United Sta,t may be pres nt c1t the interview and agrees not to se k.disq;ualiffoati on of any snch govenb.mmt attorney from any probeec;l.ing or trial because their partipipati.on at the mt rview T:be entire agree1ent between the Umted States and yo client is set forth in this letter No additional prqmises agreements ot co11ditio;1s have been eut ited into and none vil1 be ent13red i,-ito less in writing and signed by a1I Pfl:rlit If the foregomg accmately reflects the un.derr-sfanding ait.d agreement between this Officerand your olienti it is requestl?d that you and your b1t ecte this lett as provided beJow By Sincerely Alexaudet Acosta United States Attq,rney A Marie Vill?-fmi Assistant Uttited St tes Attorney I havereoe.Lv-e.d this letter-from my.att01eys James.L Eise bet;g Esquire have mad it and dis0uss it with 1ny attoru and her by acknowiedge that fully sets forth my undl:lrstand4ig Md 267ee.toent w-ith the Office of.tlie li.hiited..Stat Attottiey for.the Southern Case No Case Document Entered on FLSD Docket Page of JAMBS EISENBERG ESQ Rfi,1lhral RUARY2 lfr PAGE.;l District of Florida I state-that thete have been no a9-dilional ptomfaes ot pres 267entations made to me by any official of tlw United St1:1tes G9Vetn:1.11ent or by attomey in conrreotjon with this matter Dated TIMI Witnessed by l!lme.s Eiseri.perg Esqnire Case No Case Document Entered on FLSD Docket Page of Exhibit Case Document Entered on FLSD Docket Page of l;r.S Depar ent of ust ice AuthoxtzatiQn for Reimburs0Ij ent of unusual Expens of Fact itnesses Request for Unusual Expen of Fact Witness Por United States Atfo meys Office Use Only Court jocke Number Gbntrol Requestlng AUSA A Jv rw/e Qootact Per on 1-Jurnoer 2.cfi Con i;t per on Wltne Name dd ess P.h one SSN Vendor Name Address Phone TIN/S Payment be made Im 1al1 Typ-e of Unusual Expens ti dically Neces ary ltef Altac;hed upportlng ement 0epenaent Care Excess LQdQlng/Per Dieln Travel 1ran portaUon Pretria GQnfetence Waiver Gther Start bate of Service MO/DAiVRj JusUtication End 0afe ots ervice MO/DA/YR GOVERNMENT EXHIBIT I t,etel:iy certify tnattlie expenses illd servJ es ll tecl on Uils document are.appropriate and are within the Federal aws and regulations I fully understanR that I be peld personally Oabfe ot be subject disciplinary actiori fqr Im prope rly fng gc;,vemment funds or services thal exce ed delegated aulhorlly or that vi Fecietal laws qr regulaUons sr naiur bf Raql ln AUl;lA Oat alne TIiie of Ap p-ro Vi_n a te NY R_ 2o S_lg-n-at re_o_f A_flp ov ln _ffi tc ia Case No CV MARRA EFqrm Case Document Entered on FLSD Docket Page of Exhibit Case Document Entered on FLSD Docket Page of EI NB a trfS A Att01 ne j1s A aW A ME EISENBE Ffori a Bar Dc n1 r.f ffli ci Crimln11I lij L:nl ur National il i Of Tri:tl A.dvacncy Cqr lcd Crl1nh19 Ti 267lnl A lv11 tc kA LI AL OE i bu ts OneCleqr af Centre Su i AustrallanAvcnucSout West n!m Boac-h Fax February A f4arJ riU a.u Asst U.S A torney SOD Som.l Australian Avenue Suite Wes Palm Ben9h FL for lvl Dear Mari As a.lw ys tlt a lea.st1.tc speal lu.g to the otbet dal::.!_l!J;suant to oui el _p 0ne nfer ce atil W11t.ingtb1s to proffet fuy co-ncetns fm I.Ml sltould she testifywithoutil.JilI lty liefo a I Therefure allow me to reiterate thgt Ms will fuse to oJ unfaiily cooperate with the fede:ral goveihtiltl.tlt She has a go0d fhlth tt.s fo po i i ion the i fl:b A:inf ndment to tl1e United States CoDBtitulion We co iJ:s do not li ve work i a vacuum We bav 267ead any iliflatrmi.atozy remalks the Town of Palm neaoh Qlioe Cbfof.b"as 1ode to the media about the state 242ourt handling of the Jeffrey Epstehr investjgatjon The poli bie:f fi fe!Datks frighteh both OJyself llbd lily al.tent Tam aware tbat the ow po li havePreparcd dooumeuts to c1,arge at least on ofMi Bpstefus gy fi:,i.epds in state court If tliey 267can p11sh to ho.v Q1i la yobarged re,main 1;mo.Q nYU;1ceci that-they do hot have ability b.t po itical olo to push te have other ladies su as Ms charged The proffered ts that raise.my oncerns are ovjdect via tins tc ffi:r letter Pti.rstWJtto our te1ephone c011.tere.nce agteemeut this tter and tts contents cannot be usecf agaitls Mr MIii Ms is ilot a a rt in of dates She does temembel myet iti Mr 3pstQin a.boutth,ree yea ago Slie is not certain of her age it could have been when she was si t!!etl A gfrlftiend a ked her if she wa ted a ob giving messages Ms agreed becni1 sh bad k.oowlcclge of.massages tbroughher.1Iioth who was a-masseus Ms werit to Mi pstems hplise vra taCi M,s lfriendihsttu te Ms that 1e a ke"d ad to ll Mr Epstein that sbe v,,a eighteen yeatFJ alct he ftiond WEIS nineteen ye rs old and 1aoked olu for her age so passingfor-eighteenwas not-a ptobleni At Case No 80736-CV-MARRA GOVER MEN I EXHIBIT Case Document Entered on FLSD Docket Page of the home Ms M91etMr Epstein later gave him a massage The end 11acl told-Ms MIii to give the message topless Mr Epst fo told rvtlthat if she were at all mwomfortable li!:liug toples!l to do it and it rwt a requirement-of empioym as a SSeuse Ms rv.lneve;r touched Mr Epstein a sexual way au Mr Epstein never Ms Mlat all At one point Mr Epstein did ask Ms Ms M-nsist that sh was eighteeiryears old Ms Mlc mtinu.e,d to see Mis Epstein over time and massages were given u1 a s4nilar fashion She was later wked fi_ien.ds wanted to work in a inrilnt way and she askyd some girls who give Mr Epstein massi:j.ges Ms 1Ylwas never asked to bring gills of any age to IVI;r Ep tein hom Whyn she did-have ler friengs GOme over shdnstruoted all qf them.that if asked,,they insist tl they were eight years old She is not certain at al1 of any oftb se girls real ages In sumy our concern is that if the govetmneht helieves that Mr Epstein 267committed some federal offense then Ms Mlcould be onsideted 267aco con pirator We lieve no crfrne.was conunitted The Fifth Amendment not iufonded to protect the guilty however Jt was enacted to protect citizens who fear prosecution notwithstanding their inhocence Out fear of any prosecntkm especially tt fovvn poliye chief public remarks is clearly in good faith Sincer gw Ms.1 Case No Case Document Entered on FLSD Docket Page of Exhibit Case Document Entered on FLSD Docket Page of INRE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILORIDA ORTHERN WEST PALM BEACH DIVISION SEALED RD ER fJt1 or I en I GOVERNMENT I EXHIBIT c.n On Application of the United States Attorney for the So11them District of Florida and it appearing to the satisfaction of the Court That has been called to testify and to provide other information before the United States District Court for the Southern District of Florida and That in the judgme oftb.e said United States Attorney has refused to testify and provide other information on the basis of her privilege against self incrimination and That in the udgment of the said Uni ed States Attorney the testimony and other ormation from may be necessary to the public interest and That the af9resaid Applicati has been made with the approval of the Assistant Attorn ey General in charge of the Criminal Division of the Department of Jus tice or a duly d_esignatedActing Assistant Attorney General pursuant to tb.e authorityveste_d in him by Title United Staies Code Section and Title Code of Federal Regulations Sections and NOW THEREFORE itis orderedpmsuantto Title United States Code Section that MIii give testimony and provi de other info:cmation which she refuse I I I I Case Document Entered on FLSD Docket Page of provide on the basis ofherprivilege aga:instself-incrimination as to all matters aboutwhlch shemay be interrpgated before said United States District Court as well as any subsequent proceeding or trial However no testimony or other infonnation compelled under this Order or yinformation directly or indirectly derived from such testimony or other.information may be used against Mlm any criminal case except a prosecution for perjury giving a false statement or otherwise failing to comply with fuis Order IT IS FURTHER ORDERED the this Order shall be SEALED in accordance with Fed Crim except that a copy oftbis Order shall be provided to counsel for the United States who may disclose the existence of the Order to the witn ss to counsel for the wi ess and to law enforcement offi.ce engaged in the investigation Those persons may review the Order but may not retain a copy of the Order nor may they disclose the existence of the Order to any others DONE and ORDERED this day of April cc A Marie Villafana AUSA DONALD M.1v.1IDDLEBROOKS UNITED STATES DISTRICT JUDGE Case Document Entered on FLSD Docket Page of Exhibit Case Document Entered on FLSD Docket Page of U.S Departme nt of Justice DELIVERY BY ELECTRONIC MAlL Jay Lefkowitz Esq Kirkland Ellis LLP Citigroup Center East 53rd Street New York New York Re Jef frey Epstein Dear Jay United States Attorney Southern District of Florida Australian Ave Ste Wes Palm Beach FL I Facsimile December I am writing not to respond to your asserted policy concerns regarding Mr Epsteins Non Prosecution Agreement which will be addressed by 1he United States Attorney but the time has come for me to respond to the ever-increasing attacks on my role in the investigat i on and negotiations It is an understatement to say that I am rprised by you allegations regarding my role because I thought that we had worked very weH together in resolving tbis dispute I also am surprised because I feel that I bent over backwards to keep in mind the effect that the ag eement would have on Mr Epstein and to make sute that you and he understood the repercussions of the agreement For example I brought to your attention that one potential plea could result in gain time for your client I corrected one of your calculations of the Sentencing Guidelines that would have resulted in Mr Epstein spending far more time in prison than you projected I contacted the Bureau of PrisoJ1s to see whether Mr Epstein would be eligible for the pr i son camp th at you desired and I old you my suspicions about the source of press leak and suggested ways to avoid the press Importantly I continued to work wit you in a professional manner even after I leamed that you had been proceeding in bad faith for several weeks thinking that I had incorrectly conc lud ed that solicitatio of minors to engage in prostitution was a registrab offense and that you would fool our Office in to etting Mr Epstein ead a non-registtable offense Even now when it is clear that neither you nor your client ever intended to abide by the terms of the agreement that he signed I have never alleged misconduct on your part The fast al legation that you i-aise is that I assiduous hid from you the fact hat Bert Ocariz is a friend of my boyfr i end and hat I have a longstanc:ling relationship with Mr Ocariz OV RNMENT EX HIB I Case Document Entered on FLSD Docket Page of A LEFKOWITZ ESQ DECEMBER PAGE OF I informed you that I selected Mr Ocariz because he was a friend and classmate of two people whom I respected and that I had never met or spoken with Mr Ocariz prior to contacting him about this case All of those facts are true I still have never met Mr Ocariz and at the time that he and I spoke about this case he did not know about my relationship with his friend You suggest that I should have explicitly informed you that one of the refenals came from my boyfriend rather than simply a friend which is the term I used but it is not my nature to discuss my personal relationships with opposing counsel Your attacks on me and on the victims establish why I wanted to find someone whom I could trust with safeguarding the victims best interests in the face of intense pressure from an unlimited number of highly skilled and well paid attorneys Mr Ocariz was that person One of your letters suggests a business relationship between Mr Ocariz and my boyfriend This is patently untrue and neither my boyfriend nor I would have received any financial benefit from Mr Ocarizs appointment Furthermore after Mr Ocariz learned more about Mr Epsteins actions as described below he expressed a willingness to handle the case pro bona with no financial benefit even to himself Furthe1more you were given several other options to choose from including the Podhurst fom which was later selected by Judge Davis You rejected those other options You also allege that I improperly disclosed information about the case to Mr Ocariz I provided Mr Ocariz with a bare bones summary of the agreements te1ms related to his appointment to help him decide whether the case was something he and his firm would be willing to unde1iake I did not provide Mr Ocariz with facts related to the investigation because they were confidential and instead recommended that he Google Mr Epsteins name for background information When Mr Ocariz asked for additional information to assist his film in addressing conflicts issues I forwarded those questions to you and you raised objections for the first time I did not share any further information about Mr Epstein or the case Since Mr Ocariz had been told that you concurred in his selection out of professional courtesy I informed Mr Ocariz of the Offices decision to use a Special Master to make the selection and told him that the Office had made contact with Judge Davis We have had no fmiher contact since then and I have never had contact with Judge Davis I understand from you that Mr Ocariz contacted Judge Davis You criticize his decision to do so yet you feel that you and your co-counsel were entitled to contact Judge Davis to try to lobby him to select someone to your liking despite the fact that the Non-Prosecution Agreement vested the Office with the exclusive right to select the attorney representative Another reason for my surprise about your allegations regarding misconduct related to the Section litigation is your earlier desire to have me perform the role of facilitator to convince the victims that the lawyer representative was selected by the Office to represent their interests alone and that the out-of-comi settlement of their claims was in their best interests You now state that doing the same things that you had asked me to do earlier is improper meddling in civil litigation Much of your letter reiterates the challenges to Detective Recareys investigation that have PB ʮמJ?ѯ?-B?P?g?h 1D 4u??uH??ep h?LW L??H b?l P?R?W C?S?C ԙ2pŪP M?u8mZ G?t ЪĹZ gG?P y?r i k??X ݢ1k?J?AhF JJ U;?ݘ??Cr n1B FK U??K e?ط I A B0 S?3gd?S s?ם UNr?ʉ9?H fc sZ?6)?pO?SF r?X j?R fn u?z qFHd r?fƐ6?Ev??L SW_ K3Z m?tS2 Ќ?;?Ң?Ug E?p RB Al a Y?o Fp 8Y IN C?R QIrI?s jJ V?r 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g?K?v?C On?Y jր?x?M b3 a LrW M??Ѻ N?Z E-?j Åκ_ k?t RO p1?J I CO3?x V2 a Xa aӦ ma?r Dd 7m G?cg?8R??s ua JIᗙ?P 9x cdc?r?P??u vZ?7?t z?m Y!k h?i 4y A?ɖ i WY ۵UG Jk??R 0E M?T Tpc5S?Zu c16ć 4?"BpӘ vg?n6?f a!E f?n NE2??q V?k i?9o S3?z N?Ht??ʬ Xh?U?ԓI??eŗ?7 y?:?YZ?ʽ S??柱?M 퓺?Oj 3?RX 9?USW蟋??ë A?S 熌?YK Uue B??Y Wt 4c c?2J K:Sv YB Case Document Entered on FLSD Docket Page of JAY LEFKOWITZ ESQ DECEMBER PAGE OF already been submitted to the Office on several occasions and you suggest that I have kept that information from those who reviewed the proposed indictment package Contrary to your suggestion those submissions were attached to and incorporated in the proposed indictment package so your suggestion that I tried to hide something from the reviewers is false I also take issue with the duplicity of stating that we must accept as true those parts of the Recarey rep01is and witness statements that you like and we must accept as false those parts that you do not like You and your co-counsel also impressed upon me from the beginning the need to unde1iake an independent investigation It seems inappropriate now to complain because our independent investigation uncovered facts that are unfavorable to your client You complain that I forced your client and the State Attorneys Office to proceed on charges that they do not believe in yet you do not want our Office to inform the State Attorneys Office of facts that support the additional charge nor do you want any of the victims of that charge to contact Ms Belohlavek or the Cami Ms Belohlavek opinion may change if she knows the full scope of your clients actions You and I spent several weeks trying to identify and put together a plea to federal charges that your client was willing to accept Yet your letter now accuses me of manufacturing charges of obstrnction of justice making obscene phone calls and violating child privacy laws When Mr Lourie told you that those charges would embanass the Office he meant that the Office was unwilling to bend the facts to satisfy Mr Epsteins desired prison sentence a statement with which I agree I hope that you understand how your accusations that I imposed ultimatums and forced you and your client to agree to unconscionable contract terms cannot square with the true facts of this case As explained in letters from Messrs Acosta and Sloman the indictment was postponed for more than five months to allow you and Mr Epsteins other attorneys to make presentations to the Office to convince the Office not to prosecute Those presentations were unsuccessful As you mention in your letter I-a simple line A USA-handled the primaiy negotiations for the Office and conducted those negotiations with you Ms Sanchez Mr Lewis and a host of other highly skilled and experienced practitioners As you put it your group has a combined years experience to my fourteen The agreement itself was signed by Mr Epstein Ms Sanchez and Mr Lefcourt whose experience speaks for itself You and I spent hours negotiating the terms including when to use a versus the and other minutiae When you and I could not reach agreement you repeatedly went over my head involving Messrs Lourie Menchel Sloman and Acosta in the negotiations at various times In any and all plea negotiations the defendant understands that his options are to plead or to continue with the investigation and proceed to trial Those were the same options that were proposed to Mr Epstein and they are not persecution or intimidation tactics Mr Epstein chose to sign the agreement with the advice of a multitude of extremely noteworthy counsel You also make much of the fact that the names of the victims were not released to Mr Epstein prior to signing the Agreement You never asked for such a te1m During an earlier meeting where Mr Black was present he raised the concern that you now voice Mr Black and I did not have a chance to discuss the issue but I had already conceived of a way to resolve that Case Document Entered on FLSD Docket Page of JAYP LEFKOWITZ ESQ DECEMBER PAGE4 OF issue if it were raised during negotiations As I stated it was not leading me to believe that it was not a matter of concern to the defense Since the signing of the Non-Prosecution Agreement the agents and I have vetted the list of victims more than once In one instance we decided to remove a name because although the minor victim was touched inappropriately by Mr Epstein we decided that the link to a payment was insufficient to call it prostitution I have always remained open to a challenge to the list so your suggestion that Mr Epstein was forced to write a blank check is simply unfounded Your last set of allegations relates to the investigation of the matter For instance you claim that some of the victims were informed of their right to collect damages prior to a thorough investigation of their allegations against Mr Epstein This also is false None of the victims was informed of the right to sue under Section prior to the investigation of the claims Three victims were notified sh01tly after the signing of the Non-Prosecution Agreement of the general terms of that Agreement You raised objections to any victim notification and no fmther notifications were done Throughout this process you have seen that I have prepared this case as though it would proceed to trial Notifying the witnesses of the possibility of damages claims prior to concluding the matter by plea or trial would only undermine my case If my reassurances are insufficient the fact that not a single victim has threatened to sue Mr Epstein should assure you of the integrity of the investigation There are numerous other unfounded allegations in your letter about document demands the money laundering investigation contacting potential witnesses speaking with the press and the like For the most pait these allegations have been raised and disproven earlier and need not be readdressed However with respect to the subpoena served upon the private investigator contrary to your asse1tion and as your co-counsel has already been told I did consult with the Justice Department prior to issuing the subpoena and I was told that because I was not subpoenaing an attorneys office or an office physically located within an attorneys office and because the business did private investigation work for individuals rather than working exclusively for Mr Black I could issue a grand jury subpoena in the normal course which is what I did I also did not threaten the State Attorneys Office with a grand jury subpoena as the correspondence with their grand jury coordinator makes perfectly cleai With regard to your allegation of my filing the Palm Beach Police Departments probable cause affidavit with the comt knowing that the public could access it I do not know to what you are referring All documents related to the grand jury investigation have been filed under seal and the Palm Beach Police Departments probable cause affidavit has never been filed with the Comt If in fact you are referring to the Ex Parte Declai 267ation of Joseph Recarey that was filed in response to the motion to quash the grand jury subpoena it was filed both under seal and ex parte so no one should have access to it except the Court and myself Those documents are still in the Court file only because yQJJ_have violated one of the terms of the Agreement by failing to withdraw Epsteins pending motion to intervene and to quash ce1tain grand jury subpoenas Case Document Entered on FLSD Docket Page of JAYP LEFKOWITZ ESQ DECEMBER PAGE OF With respect to Ms I contacted her attorney who was paid for by Mr Epstein and was directed by counsel for Mr Epstein to demand immunity and asked only whether he still represented Ms M-and if he wanted me to send the victim notification letter to him He asked what the letter would say and I told him that the letter would be f01ihcoming in about a week and that I could not provide him with the te1ms With respect to Ms status as a victim you again want us to accept as true only facts that are beneficial to your client and to reject as false anything detrimental to him Ms made a number of statements that are contradicted by documentaiy evidence and a review of her recorded statement shows her lack of credibility with respect to a number of statements Based upon all of the evidence collected Ms classified as a victim as defined by statute Of course that does not mean that Ms M-considers herself a victim or that she would seek damages from Mr Epstein I believe that a number of the identified victims will not seek damages but that does not negate their legal status as victims I hope that you now understand that your accusations against myself and the agents are unfounded In the future I recommend that you address your accusations to me so that I can conect any misunderstandings before you make false allegations to others in the Department I hope that we can move f01ward with a professional resolution of this matter whether that be by your clients adherence to the contract that he signed or by viue of a trial cc Alexander Acosta U.S Attorney Sincerely Alexander Acosta United States Attorney By sf A Marie Villafana A Marie Villafana Assistant United States Attorney Jeffrey Sloman First Assistant U.S Attorney You also accuse me of broadening the scope of the investigation without any foundation for doing so by adding charges of money laundering and violations of a money transmitting business to the investigation Again I consulted with the Justice Depaiiment Money Laundering Section about my analysis before expanding that scope The duty attorney agreed with my analysis Case Document Entered on FLSD Docket Page of Exhibit Case Document Entered on FLSD Docket Page of Case Document Entered on FLS Docket Page of UNITED STATES DfSTRICT COURT SOUTHERN I STRICT OF FLORIDA CASE NO 80736-CIV-MARRA ANE DOE land ANE DOE Petitioners vs UN I TED ST A TES Of AMER I CA Respondent DECLARATION or FBI SPEC I AL AGENT TIMOTHY SLATER TIMOTHY SLATER decla es as fo ll ows I I am a Special Agent Federnl Bureau of lnvcstjgation FBI currently assigned as a Section Chief at FBI Headquart ers Washington D.C was appointed a Special Agent in May Upon graduation from the FBI Academy at Quantico Virginia in Sep ember I was assigned to the Detroit Field Office I was subsequently trans fer red to the FBI i ami Field Office in May In was assigned to work on an investiga ti on of Jeffrey Epstei who was accused or sexually abus ing many young girls und er th age or I the course or our investigation the FB identilie many pote nti a victims of se xual abuse by Epste i We obtained names by peaking to other victims who frequently knew of frie ds who had also been paid money by Epsicin to provide sexual services to him One of the victims identified was In January Febrnary I used various computer indices to and locate Ms By si ng these i ndice and other means found two intcmational phone numbers which be li eved were being used by Ms i GOVERNMENT I XHIB I Case i li Case Document Entered on FLSD Docket Page of case Document Entered on FLSD Docket Page at Sometime during January February I called the one of the numbers in an attempt to speak to Ms Also in my office was FBI Special Agent Nesbitt Kuyrkendall the lead agent for the investigation of Jeffrey Epstein I was not using a speakerphone when I spoke with Ms I asked SIA Kuyrkendall to be present because she as the lead agent was thoroughly versed in the details of the entire investigation and I might need her assistance to respond to a question posed by Ms.-that I was unable to answer When I dialed the number a young woman answered the phone I told her my name identified myself as a Special Agent with the FBI and asked if she was She said yes used a technique which I employ when speaking to people on the phone who might question whether I am truly an FBI agent I provided her with the phone number of the FBI Field Ot1ice in Miami Florida and told her she could hang up and verify the number She could then call me back at the number and her call would be routed to me Ms said that would not be necessary I told Ms about our investigation of Jeffrey Epstein and the allegations that Epstein had sexually abused many underage young girls I told her we believed she might be a victim of sexual abuse by Epstein Ms.-answered basic questions telling me that she did know Jeffrey Epstein She quickly became uncomfortable telling me she moved away to distance herself from this situation and expressing her desire to let this be in my past She asked that not bother her with this again I thanked Ms.-and told her I appreciated her time I provided my name and encouraged her lo call the FBI Miami Field Office if she had any questions or needed assistance Govt Exhibit Case No Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of The entire phone conversation only last several minutes I did not hear from Ms again In mid-March I reported for my ncvv assignment at FBI Headquaiiers in Washington D.C I I declare under penalty of perjury that the foregoing is true and conect Executed on January TIMOTHY SLATER Section Chief Federal Bureau of Investigation Washington D.C Govt Exhibit Case No Case Document Entered on FLSD Docket Page of Exhibit Case Document Entered on FLSD Docket Page of ot Case KAM ent Enter ed on FL Docket sor Assoc1ates Rc nr lnJ Dllil Tr,1.n c.Ti r1lo;i bl Page of IN THE CIRCUIT COU RT OF HE IFTE ENTH JUDIC IA CI RCUIT IN AND FOR PAL BEACH COUN IY FLORIDA CASE NO CF09454AXX STATE OF FLORIDA vs JEFFREY EPSTEI Defendant I Reported By DEPOSITION OF We dnesday February p.m p.m Palm Beach County Courthouse North Dixie Highway West Palm each Florida Jud ith onsor FPR Notary Public State of Florida Conser Associates Reporting and Transcription Phone Ph Fax Pa each Lakes Blvd Suite West Palm Beac FL RA GOVERNMENT i EXH I BIT I Case Document Entered on FLSD Docket Page of of Case ent Entered on Docket nsor Associates i..,rci11ing nutl Jr.1ucri foe APPEARANCES On behalf of the State LANNA BELOHLAVEK ESQ ASSISTANT STATE ATTORNEY North Dixie Highway West Palm Beach Florida On behalf of the Defendant MICHAEL TEIN ESQ KATHRYN A MEYERS ESQ LEWIS TEIN PL GRAND AVENUE SUITE COCONUT GROVE FL On behalf of the Defendant JACK A GOLDBERGER ESQ ATTERBURY GOLDBERGER WEISS AUSTRALIAN AVENUE SOUTH SUITE WEST PALM BEACH FLORIDA ALSO PRESENT Page of Page ON BEHALF OF THE WITNESS THEODORE LEOPOLD ESQ KEITH Case Document Entered on FLSD Docket Page of of Case ent E.ntered on FLSD Docket Page of nsor Associates Rc,p,min,H Dnd lr.,,ni,riJ1 lnc I WITNESS DIRECT EXAMINATION Page PAGE BY MR TEIN NOE HI BITS MARKED CERTIFIED QUESTIONS Page Line Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt Entered on FLS Docket Page of of nsor Associates Rornr.i11,i ind Tr,1,n1crir in:i kl Page Deposition taken before Judith Consor Court Reporter and Notary Public in and for the State of Florida at Large in the above cause Thereupon having been first duly sworn or affirrnedr was examined and testified as follows THE WITNESS I do DIRECT EXAMINATION BY MR TEIN narr.e A A Good afternoon Please tell me 267your full And can you please spell it Thank you May I call you Uh-huh Im going to ask you a few que3tions several questions today If at any time you wan to take a break you just let me know Okay A Okay If you at any time dont understand one of Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt tered on FLS Docket Page of of nsor Associates R11porting Dnd Tr.i.nJcri,P,:iP31 lnc Page my questions will you just please let me know A Yes And if at any time youre not feeling well or something like that youll tell us right A A Yes Do you feel okay today Yes Not taking any alcohol or drugs or anything like that right taken I dont A A A know A A A A No So you feel ready to have your deposition Yes what is your address I currently living at my it off the top of my head Where is it In Jupj_ter Who is your aunt Who else is living there my uncle Anyone else living there No aunts house and The contempt motion that your mother filed Ph Fax Pc;lm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered on FLS Docket Page of nsor Assoc1ates partin 11nd Tr.a.nlcri ln Page against your father regarding your fifty million-dollar lawsuit against Jeffrey Epstein says that you live with your aunt and uncle and have been living there is that correct A Yes How long have you been living with your aunt and uncle himself A A A to live in A A since my father kicked me out That was Thanksgiving of this past year Yes sir Okay Didnt your firefighter boyfriend get an apartment for the two of you No sir He has an apartment but by Did he get an apartment for the two of you No sir Are you planning to move in with him Maybe one day in the future Do you have a plan to move in with him presently A A No Have you been to the apartment that you and have discussed moving in together I have been to the apartment Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of ol Case ent Entered FLSD Docket Page of nsor Assocf.ates Rcroni g.nnil Trnlc,rft,tilm Jnc Page Where is that A Palm Beach Lakes Have you spent the night over there A No sir Do you know the address there A I do not Isnt your sister planning on living with you and A No you know that this court case is a criminal prosecution correct A Correct And you know that its a criminal prosecution against a man who has no criminal background Do you know that A I do now You agree that court is a very serious matter A Yes And youre here with your lawyer Mr Leopold right A Yes And you know that Mr Leopold recently filed a lawsuit in federal court against Jeffrey Epstein seeking fifty million dollars Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of or Case ent Ente red on FLSD Docket Page of nsor Associates Rcpnrti:nJpmil Trt1Bc,rif,1itm lnc Page MR LEOPOLD Let me just object let me instruct you Anything that you have learned through conversations between you and me are protected So if you know any of that information outside of those discussions you may answer But if the only way you know it is through our discussions do not answer that question BY MR TEIN you know that Mr Leopold recently filed a lawsuit in federal court on your behalf against Jeffrey Epstein seeking fifty million dollars MR LEOPOLD Same objection If you know the answer to that outside of our discussions you may answer If it is the only way that you know the answer is through our discussions do not answer that question THE WITNESS Okay MR LEOPOLD Attorney/client privilege BY TEIN You can answer the question unless MR LEOPOLD Same objection MR TEIN Let me finish MR LEOPOLD Excuse me Were MR TEIN No Let me finish Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case _ent tered on FL Docket Page of nsor Associates Rc-pcmi11.P nn Tr pli im foe that Page MR LEOPOLD Lewis were not going to do MR TEIN My name is not Lewis Im going to finish my question Okay MR LEOPOLD Do not answer until you hear from me BY TEIN Other than conversations that you have had with Mr Leopold Im not asking about that are you aware that Mr Leopold has filed a lawsuit in federal court seeking fifty million dollars from Jeffrey Epstein on your behalf MR LEOPOLD Same objection Anything that you learn through conversations between you and me do not answer Those are protected If you know through any other realm of knowledge you may answer THE WITNESS No BY MR TEIN You have no idea that Mr Leopold filed a fif million-dollar lawsuit on your behalf against Jeffrey Epstein MR LEOPOLD Same objection Do not answer that question if its through discussions that you and I had Outside of that Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered on FLS Docket Page of ol nsor As.soc1ates Re 267portln.g 11nd A:n5Hlp imi Jnc Page you may answer So do not answer that question if that is the only basis by which you understand that answer THE WITNESS No BY MR TEIN You didnt know that MR LEOPOLD Dont answer that question Again its attorney/client privilege Any information youve learned through conversations between you and I are protected If you know it through any other realm you may answer MR TEIN Are you going to say that for every question in the deposition Mr Leopold MR LEOPOLD When you ask improper questions like that without the proper MR TEIN Youre going to stop your speaking objections right now Okay MR LEOPOLD Without the proper MR TEIN You need to stop your speaking objections Lets continue MR LEOPOLD Counsel you just asked me a question and I going to state it on the record MR TEIN You need to stop your speaking Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered FL _Docket nsor Ab:;oc1ates Rcpor.inR nn,rl Tr n.1c,riptioo lnt Page of of Page objections Check your rules MR LEOPOLD Excuse me For the record Counsel asked me a question Ill state the answer on the record He asked me the question am I going to be answering that way throughout the deposition So long as theres improper foundation and predicate asked by the attorney I will protect my client and I make the record where appropriate If counsel wishes to ask an appropriate worded question with the proper foundation and predicate I will certainly allow the client to answer the question MR GOLDBERGER Why dont you just state attorney/client privilege and just be done with it MR LEOPOLD I want the record to be clear MR TEIN You want to waste time is what you want to do You were supposed to be here this morning and you totally broke the deal the agreement that you had with us if your hearing got cancelled But lets move on and maybe youll stop obstructing this deposition MR LEOPOLD I think the record is very Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of ol Case ent Entered on FLS,D Docket Page of ns.or i ssoc1ates R!!pcinin and 1rAn,ctiptiu,n lnc clear where we stand thus far Is there a recording taken of this deposition THE COURT REPORTER Yes MR LEOPOLD Just make sure thats Page preserved BY TEIN Go to Exhibit well before you do that,_ are you aware that a lawyer named Jeffrey Her::nan filed a lawsuit on your behalf yes or no MR LEOPOLD Objection Any conversations that you and I have had regarding that if that is the only way by which you understand how to answer that question do not answer Its attorney/client privilege as well as any conversations you may have had with the attorney from Miami That is also attorney/client privilege And Im assuming MR TEIN Youre actually wrong about the attorney/client privilege MR LEOPOLD Im assuming Counsel is not asking you to divulge attorney/client MR TEIN Of course not BY MR TEIN are you aware that Jeffrey Herman Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered on FLS Docket Page of of nsor Associates Rcrmrtin,P Tra.-nscrip1ioo 1:nc Page an attorney filed a fifty-million-dollar lawsuit on your behalf against Jeffrey Epstein yes or no MR LEOPOLD Same objection MR TEIN Weve heard the objection times already MR LEOPOLD Counsel excuse me MR TEIN Just say attorney/client privilege Stop interrupting my questions MR LEOPOLD Im entitled to make an objection for the record which Im doing and Ill make the same objection And if it calls for attorney/client privilege any conversations you and I have had do not answer the question And I think that it might be appropriate for the record to ask questions via as opposed to I think that would be more appropriate for this deposition BY MR TEIN A Go ahead Please answer yes or no Yes Thank you In fact you know that Mr Herman held a press conference after he filed the fifty-million-dollar lawsuit on your behalf don you A After it happened Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered on FLSD Docket Page of of nsor Associates Page You know that he had a ess conference dont you yes or no A Yes In fact lets go to Exhibit MR GOLDBERGER Look behind you Youll see it BY MR TEIN A Have you ever seen that picture before Yes Is that a picture of your father your stepmother and Mr erman at the press conference regarding your lawsuit A Yes Now you know that this is a very serious matter dont you MR LEOPOLD Asked and answered Objection MR GOLDBERGER All right You can object Youre representing a witness here Mr Leopold You can object on privilege grounds You cannot make legal objections You have no standing to do so MR LEOPOLD Im going to make them and then MR GOLDBERGER Were Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered on FLSD Docket nsor Associates Rcpcmin.F 11nd Tr.anKri1mm1 lnc Page of Page MR LEOPOLD Were going to leave or were going to take a break because his demeanor is not appropriate Theres no reason to have this kind of demeanor If you want to have this kind of demeanor with me MR TEIN You are obstructing this deposition MR GOLDBERGER Why dont you guys go outside and just talk about MR LEOPOLD She her job is very difficult and shes not going to be able to take us both talking at the same time MR GOLDBERGER Off the record MR LEOPOLD Were not going off the record Jack Were not Jack Her job is very difficult Im going to make the record I dont think it is appropriate especially in the small confines of this room to be very aggressive with this young lady MR TEIN Thats not happening Stop stop actually MR LEOPOLD If youre going to interrupt me were going to cancel this deposition MR TEIN Stop misrepresenting THE COURT REPORTER I need one at a time Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt Entered on FLS Docket Page of nsor Assoc.1ates lponl ld Tr 243n5ctip1iM l11c Page no matter who it is MR LEOPOLD I think were going to take a break Perhaps you might want to talk to your co-counsel break MR TEIN I dont need to talk to him MR LEOPOLD But were going to take a MR TEIN Were not taking a break unless the witness needs a break Youre obstructing this deposition Ted MR LEOPOLD Come on You all want to continue in this demeanor MR TEIN Youre obstructing the deposition Stop making speeches Were not discussing this with you The questions are to your client Go take your five-minute break MR LEOPOLD Fine We need to make sure the records clear and clean And I want to make sure as Ive already asked you I know that youre one of the best in town that this audio this needs to be preserved Okay MR TEIN Go take your five-minute break Mr Leopold now Ph Fax I Palm Beach Lakes Blvd Suite West Palm Beach FL of Zq?x F?I?M A Yb IB _KX?O f?a n?/xc W?I?b SL?ǙE?au Nm b?mS?l w?S??ϫy 1yVe ea Kw M?C s4o Pv BgŞ?NO?Vw g?R I jeb Ãb?i 4H W?Hr gsps HZ LvX G?2AP B?g a??D?g c?)o 6R Y?E ܞGN ut?fQov?6 PT Vɥ0 n?Sp ڌw?ӟ??P I?V B6 WC X?ED?Gx A,?B?z?X n?v?M??W ϼÑ 3?Q?qŭ?oW gT?U k2 B?n wL?B R?s и?M G?NlW B?R A??ф s?R ƫFtО i mܙ U?U ێ?d Y?Y?D vݗ?G s?:QNj L??D a?XYȟ?.z Z?J Sya bZ A?d6 rc 6n a wa?ƀyQ?U ue ʪ?3z O?j?w 3i Bn?k?k o?n a D??c?ߢr RBp e?N WתY T_ۿ Ok u?F?hw z?a䝓 2Ѱ?g p??j TR t?G a k?ܮ?Ì ߤ?ד?bkGi mZC??MUm FJL?K?I4h?W y?龹 zZ noʸ S?Bo?6 G?n c?qd x?ͱ?A ך3 P?p?ݸ E/(?sw RЊ2 W(?G sl?3S?z 9uy X??u dva 5z EƳW L?ɱ?y 4n g?qZ6 g.?ѼK 꽮d?7 n?J VZP u??98GV?SU?k n??Nj Q??H Q?l?G?v G4 I?A BCBx??/?l ZP 궬??磼f?x T٥ AY?"r?i?5?Yi z?չ pT lE?f X?RC a?p 1t E"L 8??qHp Iσ?/2?m/VHy 8DBSLT??I?n aqh?f NLݪϡ G2 zm O0 VX5?q ϝe O??pRd LLi kn?5 i6 ė?X?Y?D?Z ӣg AI i y_?pp?AK??c 3mn X?k oW?!G?x?Rh?r t3hQ??V?K EC pĸF??n/r e?X hZ?3H??Uo,?k?S?s?t o1-?Dx o?6N y?LTᘆ?Mǥ c?x 9N?I e?Z G?E a Ob N5?F 迠??E 5?Y?I??orR ß?mn-v x?N??N Az I x:I 1ك R??P a?Lk?x?_ cC Yg _?jҫ Us cT 7?iK 5Ն??lP?i 1?ks?Q a4ɤq?B2 HHd Ӂʚ BB3??a??mV NN x?в J8 S?I?c p5 w??O R??T XZ pR 6??p?drN?A 4e B3ey?F ZU Wi d?gj qs s?F?џ?EҮ?ME bY xU?v xŚ LY ꁄa jA2 Wo A??Am t?r I ld??Q?x?쑸 Ů?H m2 X?L28vb C3ωo 2Q?v lP?d D??M xh ϭ?l?o K5 h?f Au LG0p?Ĩ?q??Q JAD su??m m?dS ߗxB yڰy jx p?N?i V?ݯ I?U??w zX??k A Nw??p Ayo Tt qZ Uݸ SJ Ttz p)M QM ѝeU a 3CpB?D En yyɁ??lv?p j?롏)zr??rg)Wy W?t i?d?G ܮ?R sy??c L?ύc9Q?w?5 3O R/ύ S?y rzC 5L?W 9k P?4?a?qT?E z??Q?v R?Uo?M A5 j?R?i?鼆 j??ujѪ ʾ??Y A ƅ?O gy??NQ m?PS o??L/y Vb T?q lP p!l??p I m.?S i gR q?py?s B1 Qc hMX?4 t?vR F?P6.vk a ȖPK b??q Ϝ;j?q B?P cW 0D oJ wW Case Document Entered on FLSD Docket Page of Case nt Entered o.n FLSp Docket nsor Assoc1ates Page of R"pnnh1,R out Tri.n,c:riptioo l:i Page You were supposed to be here at nine a.m its now after two Take your break and come back MR LEOPOLD Okay If the demeanor keeps up we will not be here beyond those five minutes relax breek MR TEIN Take your break and come back MR LEOPOLD Okay So I suggest that you MR TEIN I suggest that you take your MR GOLDBERGER Let them take that five-minute break MR LEOPOLD But I would suggest that you take deep breaths MR TEIN Suggest whatever you want Go take a break Thereupon a recess was taken BY MR TEIN you agree that giving testimony today at your deposition is something very serious dont you A Yes A Yes Let me show you Exhibit Can you Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case nt EBter on FL_so Qocket nsor Mssoc1ates Page of Ropcir;i _nntl Tr.i.nJori p!ID!l_ foe Page read that out loud please A A A Okay What do you want Will you read that out loud please Oh Thank you Lal hah my bad lol yah i got some stupid court shit on the 20th bullshit and damn you st1 have court shit with him Like after so long wow im sorry well yah well we will definitely havta make plans for sure because i miss tons times a million and no no no i love you and p.s i love ur default pie niggaa Muah xo Did you send that message last week to a friend of yours on MySpace A I wouldnt know There no dates and Ive deleted that MySpace so A A Were going to talk about that in a second Okay Did you send that message last week Right Let me finish my question Did you send that message last week to a friend of yours on MySpace A I wouldn know the date but obviously it to a friend Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt Entered on FLSD Docket Page of of nsor Associates Rll on:ing cDlld Tr,1n.1i;rip,ioo ln Page Did you send that message to a friend of yo rs on MySpace A A A Sure yes Were you referring to this deposition Yes Do you find the term n-i-g-g-e-r offensive Thats not anywhere in there What word did you use in there MR LEOPOLD Where are you referring to Counsel Theres plus words in there MR TEIN Dont make a speaking objection THE WITNESS Are you referring to anything MR LEOPOLD No Dont don let him ask you the question BY MR TEIN What question were you asking MR LEOPOLD She doesnt ask questions You ask the questions What is the question pending BY MR TEIN what is the last word on there in ne text or your message nerore tne closingr A Niggaa Dont you find that term offensive Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt Entered on FLSD Docket nsor Associates fl.,:,pc,nin.P bnil TrJl.n 225cri:p:iM Jnc Page of Page A No MR LEOPOLD Can you spell it for the record please THE WITNESS N-i MR TEIN No no no You are not going to be asking questions MR LEOPOLD Im not asking questions Im asking for the record the word to be spelled because we dont have a video here today MR TEIN These exhibits are part of the record You MR LEOPOLD Well its not marked as an exhibit MR TEIN Stop interrupting me Mr Leopold I have marked and identified as an exhibit and you will get it MR LEOPOLD There has been no identification of this document in the record MR TEIN Mr Leopold stop interrupting this deposition MR LEOPOLD What is the exhibit number marked for identification MR TEIN MR LEOPOLD Do we have copies Is it on the record anywhere Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL of Case Document Entered on FLSD Docket Page of ol Case nt Entered on FLSp Docket nsor Associates Page of ilcl-"nins D1ul Tr.ih,i:,riptiim ln Page BY MR TEIN Let me ask you did you in fact write your friend this message about this deposition A Yes So you wrote your friend that this deposition is stupid court s-h-i-t correct A Yes Because you think this deposition is stupid court s-h-i-t dont you A You wrote that to your friend didnt you A You think that court is stupid dont you A In some cases And you think that court is bull s-h-i-t dont you A And you think this deposition 1s bull s-h-i-t dont you A No You wrote that to your friend didnt you MR LEOPOLD Objection Asked and answered MR TEIN Thats not an objection BY MR TEIN Ph Fax Palm Beach Lakes Blvd Sulte West Palm Beach FL Case Document Entered on FLSD Docket Page of Case Page of Page You wrote that to your friend didnt you MR LEOPOLD Objection Asked and answered for the fourth time MR TEIN You are improperly objecting Mr Leopold You have no grounds to object And thats not an objection MR LEOPOLD It is an objection MR TEIN Then terminate the deposition if you think its been asked and answered MR LEOPOLD Counsel I am not precluded from just making an objection to the form of the question As the courts well know and if you practice here in West Palm Beach many of the judges require you to set the objection with specificity And I will do that And if you dont want me to you can make the record But I will do that MR TEIN Heres what well do Ted You can I will allow you to reserve an objection to form for every single one of my questions Otherwise all youre doing is obstructing MR LEOPOLD I wont do that MR TEIN Of course because you want to obstruct MR LEOPOLD All right Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL of Case Document Entered on FLSD Docket Page of Case ent Entered on FLS Docket Page of i nsor Assoc1ates RCfln1n Rn1 Tr.i.n i;rlptlon lnc Page BY MR TEIN you think that giving testimony today under oath is bull s-h-i-t don you A No And you wrote that to your friend on MySpace last week didnt you MR LEOPOLD Objection Asked and answered THE WITNESS No I did not BY MR TEIN You didnt write this exhibit A I wrote that but I didnt write what you said You wrote in this exhibit I got some st1:.pid court s-h-i-t on the 20th Bull s-b-i-t Didnt yot write that A Yes Referring_to this deposition didnt you A Referring to the court I was later informed that it was a deposition Im going to ask you some questions now about what happened when you went to Jeff Epsteins house A Uh-huh When the police interviewed you one month Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL 6-CV-MARRA Case Document Entered on FLSD Docket Page of of Case ent Entered on FL Docket Page of nsor Associates Rc pllntnj 1d 1r.an,uipsioo Inc Page after you went to Epsteins house you swore on your mothers grave that you and Epstein did not engage in sex of any kind A A Yes Didnt you tell that to the police Yes And I will continue I have never had sex with him Did what happened upstairs at Jeff Epsteins house take you completely by surprise A Yes Now the civil complaint that you filed against Mr Epstein for fifty million dollars alleged tha you were totally shocked by what happened when you got there A Yes Were you totally shocked by what happened when you got to Epsteins house A Yes You didnt expect it at all did you A No You had absolutely no idea why your friend as taking you to Epsteins house right A I was informed it was a massage All you thought that it was going to be was a massage correct Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL 6-CV-MARRA Case Document Entered on FLSD Docket Page of Case ent Entered on FLSD Docket Page of nsor Associates Repaninl I T,a1.nu:ripr.i-l Jnc Page A Yes Before you got to Epsteins house never said anything to you on the telephone about sexual activity with Epstein did she A No And before you got to Epsteins house never sent you a message over the Internet about sexual activity with Epstein did she A No Did ever try to convince you to engage in any sexual activity with Epstein A No Did every try to convince you to engage in any sexual activity with Epstein A A Do you have a friend No Okay Before you went so Epsteins house did anyone call or e-mail you to induce you to engage in sexual activity with Epstein A No So youre sure that before you got to Epsteins house no one tried to persuade you to engage in sexual activity with Jeffrey Epstein A No Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered on FLS,D Docket nsor Associates Page of again R"poning od Tr,,JUcri flliOO Page Youre sure that let me ask the question Youre sure that before you got to Epsteins house no one tried to persuade you to engage in sexual activity with Epstein for money Are you MR LEOPOLD Objection Asked and answered THE WITNESS No And Ive already answered that a bazillion times BY MR TEIN Hes coaching you now So Im going to ask the question MR LEOPOLD Counsel Ive made an objection for the record MR TEIN Stop speaking MR LEOPOLD Im not going to stop speaking You cant interrupt me when Im making the record MR TEIN Youre coaching the witness MR LEOPOLD Counsel MR TEIN Stop coaching the witness BY MR TEIN let me ask you MR LEOPOLD If you continue to MR TEIN Stop interrupting my questions Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt Entered on FLSD Docket Page of of nd J;2ciates Page MR LEOPOLD If you do it one more time were leaving BY MR TEIN MR LEOPOLD Im going to make the record You cannot interrupt me when Im making the record Out of professional conduct you cannot do that Im entitled to make the record I made an objection asked and answered Your demeanor is inappropriate Youre willing and you are able and youre responsible to ask a question in a professional manner and ask the question and once you get the answer to either follow up on it or move on but not continuously browbeat and ask the same question over and over because you dont like the answer MR TEIN Calm down sir MR LEOPOLD Trust me Im very calm here When Im not calm youll know it Im very calm So please continue on But I will not allow you to continue to harass her in the demeanor that youre doing Ask her a question and move on MR TEIN Are you done MR LEOPOLD Thank you I am Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case ent Entered on FLS Docket Page of nsor Associates R"l"l"li1!P ont Tr,;nu-1"if1:lrm lnc Page MR TEIN Stop misrepresenting the record and calm down Im going to ask my question Stop it BY MR TEIN MR LEOPOLD I think the record is very clear MR GOLDBERGER Let me just clarify something When you object to the form of a question youre not instructing the witness not to answer the question are you MR LEOPOLD No And Im not making that objection only on attorney/client privilege MR TEIN Will you stop speaking now so I can ask my question Are you done Okay Im going to ask my question BY MR TEIN Listen MR LEOPOLD Hold on Stop Ive been doing this for plus years and have met a lot of attorneys but Ive never had an experience like this where Ive MR TEIN Stop your speeches MR LEOPOLD If you continue to do this whether its with me or with my client I will not Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case en.t Entered on FLS Docket Page of ol nsor Associates Rcrorti11,!l bnd Tun iJ!ti 1:nc Page put up with it and I dont need to put up with it and its not appropriate And Im sure Mr Goldberger knows all this because I know that he wouldnt do this So I will not put up with it And I think its highly inappropriate to do this with this child sitting here the way youre acting primarily towards me and I will not put up with it MR TEIN Will you please stop your speech so I can ask questions MR LEOPOLD So long as you act professionally I will do so But if you continue to do it this way I will leave MR TEIN Suit yourself BY MR TEIN are you sure that before you got to Epsteins house no one tried to persuade you to engage in sexual activity with Epstein for money MR LEOPOLD Asked and answered Objection MR TEIN Did you get her answer THE COURT REPORTER No I did not THE WITNESS Im sure BY MR TEIN Let me ask you a few questions about your Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case ent Entered on FLS Docket Page of nsor Assoc1ates roni11.g n1l Tr.i:n crip1ioo Page contact with Jeffrey Epstein Okay A A A Witness nods head up and down Jeff never e-mailed you did he No Jeff never text messaged you did he No Jeff never chatted in a chat room with you did he A No Before you got to Epsteins house you had never spoken to Jeff had you A No And before you got to Epsteins house you had never met Jeff A Correct Before you got to Epsteins house you had never told Jeff that you were under right A No Before you got to Epsteins house had you ever told Jeffrey that you were under A No I never spoke to the man before that And you only went to Jeff Epsteins house that one time three years ago correct A Yes You never went there again correct __ __ __ __ Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL I Case Document Entered on FLSD Docket Page of of Case ent Entered on FLSD Docket Page of 267nsor Associates poriing.ond Tr.mic,ip.itm lnc A Page No All right Let me ask you two final areas of questioning about this and well move onto something else Okay A Uh-huh Yes Im sorry Before you got to Epsteins did anyone associated with Epstein ever call you on the phone and try to persuade induce entice or coerce you to engage in any sexual activity A No Before you got to Epsteins did anybody associated with Epstein ever contact you on the Internet and try to persuade induce entice or coerce you to engage in any sexual activity A No who told you that when you got to Jeff Epsteins house you should lie to Jeff about your age A or was it the other girl in the car who you rode over with to Epsteins house A Who was the other girl in the car with you that day A I honestly dont know Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case Entered o.n FLSD Docket Page of ofJ16 nsor Associates ltoJlcirtl-nt 7r 1uccrirlim 1r Page Had you ever seen her before A No 5ir You told the police that when you rode over to Ep5teins you had no idea who she wa5 right A Correct You told the police that you didnt know her name but she was like really dark kind of like a Spanish girl A A A Yes Those were your words right Yes Do you now know who she is No sir So it was who told you to lie about your age to Jeff Epstein A Yes sir And told you that if you werent Epstein wouldnt let you into his house right A Thats yes yes All right Lets talk for a minute about when you first met Jeff Okay A Sure When you first met Jeff he tried to find out how old you were right A Excuse me Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case en Entered on FL Docket Page of of Assoc1ates Ri porti onil Tra.n.i ri piirm l:nc Page When you first met Jeff he tried to find out how old you were right A Not when we first introduced each other whe we get upstairs then yes During the massage Jeff asked you how old you were correct A Yes yes Now hadnt you already told Jeffs ass stant the one who walked you upstairs that you went to college and had just moved down here from Ohio A I never spoke to the lady Do you want to rethink that answer MR LEOPOLD Is that a question BY MR TEIN much on that A Do you want to rethink that answer No I didnt really speak with her that Do you want to try to refresh your memory MR LEOPOLD Do you have something to refresh her memory with MR TEIN Do you want to stop making speaking objections MR LEOPOLD No But to refresh someones memory you show them a document Ph Fax Pahl Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered on FLS,D Docket Page of nsor Assoc1.ates ron:i:n.s 1,tl Tra.n5i iJ1:i,l!II Page MR TEIN I know how to do this MR LEOPOLD Then show her a document MR TEIN Stop speaking MR LEOPOLD Im not going to stop speaking Im going to continue to make the record MR TEIN Youre obstructing Please stop MR LEOPOLD Im not obstructing But if you want to refresh her recollection you need to show her something Thats not a proper question I object to the foundation and the predicate of that question MR TEIN Are you done MR LEOPOLD I am now Thank you BY MR TEIN Do you want to try to refresh your memory as to whether you had any conversation with the woman who walked you upstairs in Epsteins house in which you told her that you went to college and had just moved down from Ohio MR LEOPOLD Objection Object to the form of the question predicate Lack of foundation and BY MR TEIN Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent E;QterKd on FLSP Docket nsor Assoc1ates Page of A Rl rorth1P llnrl Trtns"ti-p1in11 lnc Page You can answer the question Sure Is there anything that would refresh your memory that in fact you told Mr Epsteins assistant the one who walked you upstairs that you went to college and you had just moved down here from Ohio A I dont remember saying that but if you I dont remember saying that myself so A That would be a lie right No I really dont remember So you told Jeff that you were years old correct A Yes Do you remember Detective Pagan of the Police Department Palm Beach Police Department A A Yes Do you remember you spoke to her Yes Do you remember that you told Detective Pagan that when you lied about your.age to Jeff you said it really fast because you didnt want to make it sound like you were lying do remember telling her I told him I was And do you remember telling Detective Pagan Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt Entered on FLSD Docket Page of of nsor Associates llc 267rnn:ins ontl lhnicri it lnc Page that when you lied to Epstein about your age that you said it really fast so Epstein wouldnt realize you were ly:.ng A No I dont remember saying those words exactly to her I remember telling her that I told Epstein I was Does it sound right to you that you told Detective Pagan that you said your age really fast to Epstein MS BELOHLAVEK Objection Asked and answered BY TEIN lying so he wouldnt think that you were MR LEOPOLD Objection Asked and answered lack of foundation mischaracterization of her earlier testimony Shes already answered that question BY MR TEIN You can answer it MR LEOPOLD Same objection Its been asked and answered You can answer I ve made the objection THE WITNESS I forget the question now Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL 6-CV-MARRA Case Document Entered on FLSD Docket Page of Case nt E:tered on FLS Docket Page of of nsor Associates Rcpom 1HI lr0Ln.c,rip:i1 hie Page BY MR TEIN Let me put it again Does it sound right to you that you told Detective Pagan that when you lied about your age to Jeffrey Epstein you said it really fast because you didnt want to make it sound like you were lying MR LEOPOLD Objection Lack of foundation asked and answered THE WITNESS I could have possibly said that yes BY MR TEIN You didnt want Mr Epstein to know that you were lying about your age right A Correct You didnt want Mr Epstein to know that you were not yet right A Correct You wanted Mr Epstein to believe that you really were right A Correct Do you remember when Mr Epstein asked where you went to school A Yes And you told Mr Epstein you went to Wellington right Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case ent Entere.d on FLSD Docket Page of A A A A nsor Associates Rofl l"inJ inti Tro1.nJcri.ptioo l"c Page Yes Was that the truth No In fact you went to Royal Palm right Yes So you lied to Mr Epstein again correct Yes Is Wellington the college that you told Jeffs assistant that you were attending A I dont remember having that conversation with her so I wouldnt know if thats what I said That was a lie though wasnt it MR LEOPOLD Objection to the form of the question lack of foundation Youre making an assumption She just answered you she cant tell you that MR TEIN Speaking objection And you well know that Mr Leopold MR LEOPOLD She cant answer that question The way you phrased that question youre purposely making her not be honest in her testimony She cant answer a question like that She doesnt remember So then you say So you were lying That I improper and you know that Thats not a proper question And any attorney Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case DoGyment Entered on FLSD Docket Page of CJates 6SofJ16 Page that would do that to a witnesses or to a person that sitting in this chair is not acting professionally You cant ask a question like that You can do it but its not proper And Im sure you werent trained that way certainly not ethically MR TEIN Will you stop MR LEOPOLD Im not going to stop because the way youre asking that question is improper and you know it MR TEIN Youre losing your cool BY MR TEIN Ms MR LEOPOLD Trust me I very calm When I lose my cool youll know it MR TEIN I do know it BY MR TEIN Ms Mr Epstein never asked you to do anything other than massage him correct A Incorrect because he asked me to take off my bra so that would be two things hes asked me to do Other than asking you to take your bra off Mr Epstein never asked you to do any hing with him other than massage correct MR LEOPOLD Objection Foundation Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL i I Ii Case Document Entered on FLSD Docket Page of Case ent ntered on FL Docket nsor AssocJates Page of fl.oporrin1 J1nd TrLructlp1ioo foe predicate THE WITNESS Correct BY MR TEIN Page You.told the police in your words that you did not whack him off right A A A Correct What does that mean Whack like whacking off Your term what does that mean Masturbating Mr Epstein never tried at any time to grab you hand did he A No Mr Epstein never tried to put your hand anywhere did he A No At no time did you touch Mr Epsteins penis did you l9 A No And he did not touch you correct A Incorrect Well you told the police At no time did he touch me Were you lying to the police then A No Well I wasnt being fully truthful but I wasnt lying Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt Entered on FLS Docket Page of nsor Associates Rernttini nntl Tr.a.nJc.rir1iw PagE;J You told the police twice when you spoke to Pagan that at no time did he touch me Didnt you say that to the police A Yeah And youre saying that that was not fully truthful Is that what youre saying now A correct And youre saying if youre not fully tr thful thats not a lie correct A You took that out of context like really bac I didnt mean like that Touching my legs and he never kept his hands to himself the entire time Thats what Im trying to say You told the police At no times did he touch me You agree with that correct A No I dont agree with that because he did touch me Did you tell the police that he did not tou you yes or no A Its a possibility but I do not remember Okay And you did not have any type of sex with Jeff correct A No And you did not have any type of oral sex with Jeff correct Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt Entered on FLS Docket Page of of nsor Assoc1.ates Rl Jlonin.s lln,d Tr,1.n c-rrptl,001,.Jnc A A Page No No type of intercourse with Jeff correct Correct All right Lets talk about what happened after the massage was over A Okay After the massage you told Epstein that you wanted to bring your twin sister back so she could make some money correct A A A Incorrect Your twin sister is right Correct And you love very much dont you Yes And when you left the house you were joking with the other girls werent you A Incorrect Well when and the other girl in the car that day made their statements to the police they told the police that you were joking afterwards Are you saying that they were lying to the police about that A No But a question or questions from like she asked me questions but it wasnt joking She was kind of like in a happy way like Oh what did you do What did you do Like those kind of Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL I Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket 2c 2ciates Page of ol Page things but it wasnt joking about it at all You joked about it didnt you A No You said to that if you did this every weekend youd be rich didnt you A No Thats what old me You didnt tell that MR LEOPOLD Objection Asked and answered THE WITNESS No BY IR TEIN After you left Epsteins house you took the money and you went shopping with and the other girl in the car correct money didnt A A you Incorrect I didn spend any of the You went to Marshalls didnt you I went along yes but I didnt You went shopping with them at Marshalls MR LEOPOLD Objection THE WITNESS I guess you could say that MR LEOPOLD Objection Lack of predicate and foundation Mischaracterization of earlier testimony Ph Fax Pal.11 Beach Lakes Blvd Suite West Palm Beach FL I i Case Document Entered on FLSD Docket Page of Case ent Entered on FLSD Docket Page of of nsor Associates f!Onl-n 11nd 267-rr.ocn5crlj1-tlo lnc Page BY MR TEIN A And bought a purse right Yes And you were with her the whole time at Marshalls correct A Yes Now tell me about when the federal prosecutors told you about getting reimbursed A I have no idea what youre talking about Tell me about when the federal prosecutors spcke to you about getting money you feel youre entitled to from Mr Epstein A I dont know what youre talking about Do you know who Villafana is A No sir Did you ever meet with any federal prosecutors A I think yeah I think they were I think they were like FBI Uh-huh Did you meet with federal prosecutors A A They came to my house one time yes When did they come to your house very long ago Was it this year Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case ent nte ed on FLSD Docket sor Assoc1ates Page of RClpC1ni n_q end Tr nicri i DI Jnc A A Page It was not this year no Was it Id have to say at least two years ago or a year ago yeah So it would be but it was a while ago How many federal prosecutors or FBI agents came to your house A people came A Im trying to remember I want to say four Did they give you their business cards If they did I dont remember and they werent toward me Maybe my parents have them I dont know pho::ies parents A A A A Did they give you their cell phone numbers No Did you ever speak to them on their cell No sir Did they speak to your parents Thats something youd have to ask my Do you know whether they spoke to 267your No sir You have no idea Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered o.n FLSD Docket Page of A nsor Assocf ates Rcroni:n oHtl Tr c-tiltin lric Page No sir MR LEOPOLD Objection Asked and answered BY MR TEIN So if I say the name to you Villafona you dont know who that is l2 your you A house A house A A A No sir How many women and how many men came to I want to say two ladies and two guys Did someone named Jeffrey Sloman come to I dont know names sir Do you know who Jeffrey Sloman is No sir Do you know who Jeffrey Herman is Yes Thats the lawyer who first sued Epstein on your behalf right A Yes Has Mr Herman advanced your family any money MR LEOPOLD Any conversations that youve had with Mr Herman regarding that issue you are not to disclose If youve learned in some other Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered on FLS,O Docket Page of 7J of nsor Assoc1.ates Ro irti-n.9 Ami Tr,1.n Grip,1io:1 Jna Page fashion you may answer THE WITNESS Okay I wouldnt know BY MR TEIN A You dont know No MR LEOPOLD Objection Foundation Attorney/client privilege BY MR TEIN is A And you say you dont know who Jeff Sloman No sir Does it refresh your recollection that hes the number two prosecutor at the U.S Attorneys Office A A No That hes Villafonas boss No Does it refresh your memory that hes the ex-partner of Jeff Herman the first lawyer who sued you sued Mr Epstein on your behalf for fifty million dollars A No sir I dont know who he is Without tel.ling me any conversations tnar youve had with your lawyers how is it that you selected Mr Herman as your lawyer from the members of the Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of ot Case ent Entered on FLSD Docket Page of nsor Associates RcpanlngJ:1nd Tr.i.n5c-rip1100 lnc Page Florida Bar A did not select him Who did A My father Did you ever meet Mr Herman A Once Dont dont tell me what you discussed with him Where did you meet him A I was shopping in my he showed up at my friends house Tavern A A A A Whose house My friend Is that from the Quarterdeck Yes And did you have a meeting with him at house Yes I guess you could say that And who else was there My Aunt And what was that meeting about MR LEOPOLD Objection That calls for attorney/client privilege BY MR TEIN What discussions did you have with Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL i i I i i Case Document Entered on FLSD Docket Page of Case Entered on FLS Docket Page of of sor Associates ponin 225Jlntl Tna.n 225crip:ioo Jn Page Mr Herman in the presence of A None What discussions did you have in the presence of her aunt A Of my aunt MR GOLDBERGER Its the witnes aunt BY MR TEIN A Oh of your aunt The only one that weve ever discussed or ever had And so you were in a conversation with Mr Herman and your aunt A Yes sir And you discussed privileged matters during that conversation MR LEOPOLD Object to the form I think you might have to educate her on that question BY MR TEIN You discussed the lawsuit A Yes Did tell you about any conversations that she had with Mr Herman A As far as Im concerned shes never spoken or shes never had a conversation She only opened the doo and then left Shes the one who answered the door Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL I I I I Case Document Entered on FLSD Docket Page of Case ent Entered on FLSD Docket Page of nsor Associates Rcronin,I and Jnc Why did the meeting take place ouse Page at A I spent the night that night at her house And when was this A A while ago How long ago A A month and a half ago Im guessing A month and a half ago A Uh-huh So was it before of after Mr Herman filed the fifty-million-dollar lawsuit against Epstein A After Did you meet with an FBI agent named Nesbitt Kurkendall a woman A I dont know Did Ms Kurkendall speak to you about getting reimbursed from Mr Epstein A Ive never had a discussion with anyone I I about getting reimbursed from Mr Epstein Have you met with an agent named Jason I Richards A Not to my knowledge How about an agent named Tim Slater A No sir How about an agent named Junior Ortiz Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt Entered on FLS Docket Page of of nsor Assoc1.ates R"pon:ing onil Tr,1.nsarip-ii.-00 Jnc Page A No And weve learned that many of the girls some of whom are as old as were told by the government that they would get money at the end of the criminal prosecution Does that sound familiar to you A No sir Other than Mr Leopold here Im not asking about Mr Herman either A Uh-huh did anyone ever discuss with you that yo could get reimbursement for your damages A No sir Did you or any member MR LEOPOLD Are you referring to a criminal matter or a civil matter BY MR TEIN Did you or any member MR LEOPOLD Excuse me Let me object to the form of the question BY MR TEIN Did you or any member of your family ever get a victim notification letter from anyone A I no longer live at that residence and I wouldnt know So your testimony is that you have never Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case Document Entered on FLSD Docket Page of 243dates Page l_ g.Wt a victim notification letter correct rect And your testimony is that you dont know if your parents have ever received a victim notification letter correct A Correct Have you given any evidence to prosecutors or law enforcement in this case A What do you mean by evidence Well Anything that you can touch or feel A No MR LEOPOLD Objection to the form of the question BY MR TEIN A So you havent given anything physical No any item to any prosecutor police offic or law enforcement agent correct A My cell phone four years ago or three years ago tut thats it You gave your cell phone to whom A Pagan I I Did she keep it A Ask her I You gave it to her and then you didnt get h"i i i.,t,ft-ttit::hi ll:!lo u.J i i Ph Fax Palm Beach Lakes Blv og l:fi.,s-l Beach FL i I i I I i I I Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of t6 2ci tes Page it back at the end of the meeting A No They yeah No They have it Im guessing I dont have it How much money are you hoping to get out of Mr Epstein MR LEOPOLD Objection to the fonn of the question Attorney/client privilege BY MR TEIN How much money are you hoping to get you yourself hoping to get out of Epstein MR LEOPOLD Same Same objection attorney/client privilege Dont answer the question BY MR TEIN you Im not asking about what your lawyer told MR LEOPOLD Im instructing her not to answer the question because any of those conversations involve her counsel MR TEIN Certify that MR LEOPOLD Please CERTIFIED QUESTION ol BY MR TEIN Now rou lied to get out of this deposition didnt you Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case Document Entered on FLSD Docket Page of nsor Associates RDrcini att,tl Tra.11!icrip1ioo Page A No sir You didnt want to come to court today and tell the story that you had told to the police under oath did you MR LEOPOLD Object to the form of the question Lack of foundation predicate THE WITNESS No I have no problem coming here and talking to you BY MR TEIN And to avoid getting served with a lawful subpoena you lied about your name didnt you A No And in fact just lying yourself wasnt enough was it MR LEOPOLD Objection to the form of the question Dont answer it Its not a question Object to the form of the question Lack of foundation MR TEIN Are you instructing her not to answer MR LEOPOLD I am MR TEIN Certify it MR LEOPOLD Please Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of t8dates Page CERTIFIED QUESTION BY MR TEIN You asked your co-workers MR LEOPOLD Its vague and ambiguous BY MR TEIN You asked your co-workers at the Qu rterdeck Tavern to lie for you didnt you A No I informed my boss about what was going on and he told me that he would help in any way that he can Okay You got your friend to lie by switching name tags with you correct A Incorrect It was a coincidence that same night she was not wearing her name tag she was wearing mine But I was also not wearing I was wearing my nam tag Everyone switches name tags It just so happens it was a coincidence that same night the people came with the papers MR TEIN Will you put up Exhibit MR GOLDBERGER And mark for identification purposes to this deposition MR LEOPOLD None of them have been marked yet Can we mark them and put them as attachment to the depositions Because I think youve shown three photos now And this is the only one that Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL I i I Case Document Entered on FLSD Docket Page of Case ent Entered on FLSD Docket Page of of sor Assoc1ates Reponi-nii oniJ Tr n.scriJlli Jn Page has been marked for identification yet BY MR TEIN MR LEOPOLD Hold on just a second Just so the record is clear MR TEIN Im not speaking to you MR LEOPOLD Okay Then dont speak to me then But Ill speak to Mr Goldberger perhaps But at least for the record can we put on the record what the previous two photographs were marked for identification MR GOLDBERGER We will make sure that the record is clear at the end of the deposition so that theres no ambiguity MR LEOPOLD Thank you BY MR TEIN Ive put a photograph marked up on the screen Do you see that A Yup Who is that in the photo A on the left and me on the right right A Yes Quarterdeck Tavern right Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL 6-CV-MARRA Case Document Entered on FLSD Docket Page of SJ of J1ij Case Document Entered on FLSD Docket Page of tt dates Page A Yes your friend who you say the day that the process servers went to serve you with a subpoena for this deposition just happened just by coincidence was wearing your name tag A Yes sir And just by coincidence you were wearing her name tag correct A Yes Your testimony under oath is.thats just a coincidence right A Total honesty It just happens to be the day that you were going to be served with a subpoena correct A That wasnt the first day that MR LEOPOLD just answer the question It calls for a yes or no THE WITNESS Yes BY MR TEIN You said that wasnt the first day you were going to be you thought you were being served with a subpoena correct A Correct You knew before the day that you switched name tags with that the process servers were Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case pqcument Entered on FLSD Docket Page of 18.dates Page looking for you didnt you A No I knew MR LEOPOLD Just answer it It calls for a yes or no THE WITNESS Okay No BY MR TEIN Now you can explain the answer that your counsel stopped you from explaining A Okay I work at Quarterdeck and people were telling me that people were looking for me So yes I was aware that people were searching for me But I had no dea who they were or what their intentions were But I thought they were just people I didn I want to talk to So I just didnt want to talk to them And every time theyd come to work I wasnt there And so happens the night that they came in me and my friend switched name tags No big deal Thats a lie isnt it MR LEOPOLD Objection Dont answer that question Thats harassment and I will not allow it He could ask the questions and well allow a jury to make that determination but not counsel I will not allow her to answer that question MR TEIN Certify it Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL 6-CV-MARRA Case Document Entered on FLSD Docket Page of es ol Case Document Entered on FLSD Docket Page of ft 2CJates Page MR LEOPOLD Ill certify it CERTIFIED QUESTION Shns answered that question Shes explained it five tines already The fact that Counsel doesnt like the answer thats a different query MR TEIN Stop making speaking objections MR LEOPOLD Im not Im not going to put up with it because its in appropriate Jack and you know it I will not allow Counsel to berate a witness whether its in a criminal case or a civil case whether my client or MR TEIN Calm down MR LEOPOLD Excuse me No Im not going to allow it That is not proper MR GOLDBERGER Okay MR LEOPOLD If he wants to say that shes lying after asking it five times and her explaining in great detail he can do that But Im not going to allow her to answer nor be harassed by him Its improper uMnB DBERGER Okay But your response that Counsel doesnt like the question or doesnt like the answer just let me finish MR LEOPOLD Absolutely I wasnt going Ph Fax Pclm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case Document Entered on FLSD Docket Page of 6J!.2dates Page to interrupt you MR GOLDBERGER Just requires us to say we like the answer to that question And its not you and I or you and Mr Tein who are testifying here Its the witness MR LEOPOLD Fine But after the sixth time of asking the same question and then coming back and pointing a finger at her and saying Youre a liar MR TEIN That didnt happen MR LEOPOLD Thats firie But Im not going to allow her to answer that question because shes answered that same question and has explained it Now Counsel might be sitting there rubbing his head with a migraine Thats his problem But if he cant ask a question appropriately in a professional manner we will leave I will not allow her to be berated like that MR GOLDBERGER Actually were very happy with the answer MR LEOPOLD Thats great MR GOLDBERGER Do you want us to get into that MR TEIN Ted Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case cument Entered on FLSD Docket Page of 267nsor ssoc,ates Ropc,r.1n11 nil Tro.n1criJ1li W1 ln Page MR LEOPOLD This is really big stuff that youre going through But thats fine just ask your question and move on But do it one time If you dont understand it Ill let you follow up but Im not going to allow you to ask the same question time and again and then call her a liar Just ask the question get the answer and move to the next subject matter MR TEIN Ted Im sitting right across the table from you MR LEOPOLD Yes sir MR TEIN Please be quiet Dont yell MR LEOPOLD I will not be quiet MR TEIN Stop yelling MR LEOPOLD Lewis when Im yelling youll know it I will not MR TEIN My name is not Lewis MR LEOPOLD I thought your first narne was Lewis Mr Tein MR TEIN You watched me for three days at the evidentiary hearing where you sat in the back of the courtroom You should know who I am I MR LEOPOLD Well thats the impress1o n1-r you must have made in the courtroom I will not be quiet Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of t.!;,,?Sdates Page MR TEIN Thats obnoxious Stop being obnoxious Its stupid Lets go ahead with the questions MR LEOPOLD I will make the record MR TEIN Lets get on with the questions MR LEOPOLD Do you need a break Thereupon a recess was take BY MR TEIN Okay after you told your manager at the Quarterdeck Tavern everything that was going on and he told you he would help you any way he could he hid you in the kitchen from the process servers correct A Incorrect Isnt it true that lying to avoid service is a meaningless lie to you,_ all A A A A A Incorrect What is your managers name I have three Would you like to know Whos the one who lied for you And what did do to lie for you Said I wasnt there And who did he tell wasnt there Ask him Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case Document Entered on FLSD Docket Page of dates Page Where were you when told this soweone that you were not at the Quarterdeck Tavern A A Eating nachos At the Quarterdeck Tavern Yes What did you do so that would lie to the process servers for you A Nothing You just got him to lie for you didnt you A No I had no influence on him saying I was there He took that upon himself Isnt it true that Mr Epsteins process servers had to ask the police to get you out of the restaurant so that they could serve you MR LEOPOLD Objection Lack of foundation predicate BY MR TEIN You can answer the question MR LEOPOLD If you know Dont guess THE WITNESS No Can you repeat the question MR TEIN Dont coach MR LEOPOLD Dont guess II i Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case ent Entered on FLSD Docket Page of nsor Assocfates Roporl 1J an tl Tra.n,c;rip1i-oo Jnc Page MR TEIN Thats a coaching MR LEOPOLD No Thats an instruction to the client MR TEIN No You dont do that THE WITNESS Can you repeat the question MR LEOPOLD Let me just state for the record BY MR TEIN Once the police isnt it true that Mr Epsteins process servers had to ask the police to get you out of the restaurant so that they could serve you A Incorrect My boss called the police And once the police showed up to stop you from lying to avoid service you made up another lie that the process servers had harassed you Isnt that correct A Incorrect You lie all the time dont you MR LEOPOLD Objection THE WITNESS Incorrect BY MR TEIN A You have a MySpace page dont you No longer do I have a MySpace page I deleted it Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered on FLS,D Docket Page of of A nsor Assoc1.ates Ri,pomns nnd Tra.nsr;rj11i hie Page When did you delete your MySpace page A couple days ago Who told you to take your MySpace page down a couple of days ago A Nobody Im sick and tired of MySpace You all of a sudden got sick and tired of MySpace and just a few days before this deposition you decided to delete your MySpace page correct A A Correct Is that your testimony under oath Yes Did you take your MySpace page down because you thought the government might subpoena it A In.correct Hadnt your MySpace page been up for over three months before you took it down A Correct But I also had made tons of MySpaces over the last years I just get tired of them and delete them because drama and make new ones Were going to talk about that So you deleted your MySpace page after you were already under subpoena for this deposition correct A Correct What about the MySpace page didnt you want us to see Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of gz ol Case cument i Entered on FLSD Docket nsor Associates llc,poni11s,.11nd 267r.o.TI:1c.Tipiim lnc Page of Page A Nothing Well were going to come back to MySpace in a second A You do that alr1m going to ask you some questions abo why you lie about your age so often okay MR LEOPOLD Objection to the form Argumentative BY MR TEIN you You lie about your age all the time dont MR LEOPOLD Objection argumentative THE WITNESS Incorrect BY MR TEIN I You lie about your age to get body piercings dont you right A A A Incorrect You have body piercings dont you Yes You have four body piercings isnt that Five Other than the piercings on your ears Im not talking about that A Oh then no just one Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL I i i i I Case Document Entered on FLSD Docket Page of Case ent Entered on FLS Docket Page of of nsor Associates RllJlalnp and Page And where is the one body piercing A Belly When did you get that A For my birthday with my stepmother and my father And when was that A When I was Okay So you had that body piercing when you met Epstein correct A It might have been or maybe that yeah either my 14th birthday or my 15th I honestly dont remember Now youve lied about your age to get into bars by using drivers licenses that arent yours correct A Incorrect Are you swearing under oath that youve never done that A Yes I swear under oath And youve lied about your age to buy beer correct A Incorrect Youre swearing under oath that youve never lied to stores about your age A Ive never lied to a store about my age or Ph Fax Paim Beach Lakes Blvd Suite West Palm Beach FL I I I I Case Document Entered on FLSD Docket Page of of Case ment Entered on FLSD Docket Page of nsor Associates Rl lrinm1 nn,.l Tun,C1jp,t oo Inc Page anything You try to look much older than you are dont you A Incorrect And youve lied about your age on your MySpace pages don you one A Incorrect All right Lets look at Exhibit MS BELOHLAVEK MR TEIN Yes BY MR TEIN On this page you lied to everyone that you were didnt you A Correct Lets go to Exhibit BY MR TEIN MS BELOHLAV8K Thats TEIN Correct On this page you lied to everyone that you were didnt you A Incorrect BY MR TEIN MR LEOPOLD Just answer the question THE WITNESS Oh incorrect Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent En tered on FL Docket Page of cf A nsor Assoc1ates Ro 267porth1P 11nd 1r4n1c1irtiM lnt Page Now you can explain your answer I know that I have seen all of these and I know that this one is mine Can you go down MR LEOPOLD Just for the record youre pointing to the photo THE WITNESS Im pointing to BY MR TEIN Youre pointing to the one where it says your age is A Correct Thats yours right A Correct Thats mine from a couple years ago that I have not been on because I dont use that Please keep going down please And I think thats it because theres no one just that one is mine So the one you pointed to where it says your age is thats yours correct A Correct And when you wrote as your age on your MySface page that was a lie wasnt it A Correct Did you lie about your MySpace page back then because you couldnt post on MySpace unless you were Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of of Case ent Entered on FLSD Docket Page of A nsor Associates rnnin,.q nn.u rucri1 Jnc Page Correct There was a rule many years ago that you had to be to have a MySpace So you lied about your age so you could post on MySpace right A Yes Lets go back to the top one on this page Are you testifying now under oath that this MySpace page where the headline says ttTwins do have more fun and the location is given as Lox abbreviation for Loxahatchee and the age is and it says__ is it your testimony that you did not post thctt A Correct Now lets go back to the one that you were pointing to before on this page where it says your age is and you lied about your age to post Myspace okay A Uh-huh yes All right Why did you finally put your tr age on your MySpace profile four days before you were scheduled to testify before the Grand Jury A I dont know what youre talking about MR LEOPOLD If you dont understand ask him to ask the question again MR TEIN Don coach Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case ent Entered on FLS Docket Page of of nsor As.soc1.ates Ro porting J1nd Tro1.n crip4ioo Page THE WITNESS I dont know which MySpace youre talking about BY MR TEIN The MySpace page that youre just pointing to where it says you were A Yes And you were lying about your age right A Uh-huh Why did you finally post your true age on your MySpace profile A Uh four days before you were scheduled to testify before the Grand Jury A I honestly dont know which MySpace because Ive had like a bazillion MySpaces and in that year I had two that one and another one and that ones i been deleted So I dont know which one youre referring to You remember that you changed your age ori your MySpace page from to your true age just four days before you went and testified in the Grand Jury A A No You dont remember that No Do you remember Detective Recarey Did you Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case nt Entered on FL SD Docket Page of __ ol nsor Associates ilcporri:n.s pnd TB11 jpti0n l,nc Page ever meet a Detective Recaiey A I dont know the names How many different detectives have you met with on this case from Palm Beach A Probably a good six or seven maybe Did one of the detectives tell you before you testified in the Grand Jury that you should take your MySpace age and put your true age A No Didnt Detective Recarey have to come to your house to pick you up to get you to testify in front of the Grand Jury A Possibly maybe because I didnt have a ric.e I was only or at the time Your mom didnt drive you A No Stepmom didnt drive you A I think my dad Oh my dad my dad drove me Your dad drove you A Yes sir So your testimony is Detective Recarey did not drive you correct Objection asked and I MR LEOPOLD answered I Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL i Case Document Entered on FLSD Docket Page of Case nt Entered on FLSD Docket Page of nsor Associates Ro11oning 11ml Tr._nlotil litWJ hu Page THE WITNESS No Im pretty sure my dad drove me because he was there with me BY MR TEIN Did any detective tell you to change your age on your MySpace page to put your true age A No sir Now you also lied on your MySpace page about your income didnt you A Yes And you lied saying that you made a quarter million dollars a year and higher correct A As a joke yes That was a lie wasnt it A Yes And you also lied on your MySpace page saying that you were married didnt you A Possibly And that might have been an error on my part A Now you also lie to the police dont you No Well you lied to the police in your tape-recorded statement that you gave to Detective __ Pagan three years ago didnt you of A To my knowledge no I did not Well you lied to the police when you Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Case Entered on FLSD Docket Page of of sor Associates ro i l!n I Truicrip:11m ln Page accused Mr Epstein of attempting to murder your father didnt you A No I never heard a statement saying that Mr Epstein tried to murder my father You made that statement didnt you MR LEOPOLD Do you have a statement to show her Thats been asked and answered MR TEIN Im sorry I didnt hear the witness answer Mr Leopold BY MR TEIN tlP you told the police didnt you that Mr Epstein almost killed your father didnt you A No Three years ago before Mr Epstein even knew about this investigation you told the police that Epstein had already come to my dads house and did something to my dads tires and my dad almost died I did want my dad to get hurt because Jeff already almost killed him Didnt _you say that A Not to my knowledge or recollection I have never said anything like that That would have been a complete lie wou:dnt it have been A Yeah Ph Fax Palm Beach Lakes Blvd Suite West Palm Beach FL Case Document Entered on FLSD Docket Page of Exhibit Case Document Entered on FLSD Docket Page of Case 19-KAM Document Entered on FLSD Docke1 Page of JANE DOE et vs al UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WES PALM BEACH DIVISION CASE NO WES PALM BEACH FLORIDA Plaintiffs JUNE JEFFREY EPSTEIN APPEARANCES Defendant TRANSCRIPT OF MOTION HEARING BEFORE THE HONORABLE Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of FOR THE DEFENDANT ASAMICltS CL REPORTED BY ROBERT JOSEFSBERG ESQ Podhurst Orseck Josefsberg West Flagler Street Miami FL For Jane Doe Via telephone KATHERINE EZELL ESQ Podhurst Orseck Josefsberg West Flagler Street Miami FL For Jane Doe ROBERT CRITTON JR ESQ MICHAEL BURMAN ESQ Burman Critton etc North Flagler Street West Palm Beach FL JACK A GOLDBERGER ESQ Atterbury Goldberger Weiss Australian Avenue South West Palm Beach FL VILLAFANA ESQ Assistant U.S Attorney East Broward Boulevard Fort Lauderdale FL For U.S.A MARTING WEINBERG ESQ Park Plaza Boston MA Via telephone JAY LEFKOWITZ ESQ Via telephone LARRY HERR RPR-RMR-FCRR-AE Official United States Court Reporter Federally Certified Realtime Reporter North Miami Avenue Room Miami FL TOTAL ACCESS COURTROOM NFfWORK REALTIME TRANSCRIPTION Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of THE COURT We are here in the various Doe vs Epstein cases May I have counsel state their appearances MR HOROWITZ Adam Horowitz counsel for plaintiffs Jane through Jane Doe THE COURT Good morning MR EDWARDS Brad Edwards counsel for plaintiff Jane Doe THE COURT Good morning MR GARCIA Good morning Your Honor Sid Garcia for Jane Doe II THE COURT Good morning MR WILLITS Good morning Your Honor Richard Willits here on behalf of the plaintiff C.M.A THE COURT Good morning MS EZELL Good morning Your Honor Im Katherine Ezell from Podhurst Orseck here with Amy Adderly and Susan Bennett and I believe my partner Bob Josefsberg is going to appear by telephone THE COURT Mr Josefsberg are you there MR JOSEFSBERG I am Your Honor THE COURT Good mornlng MR JOSEFSBERG Good morning THE COURT All right Do we have all the plaintiffs stated their appearances Okay TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of Defense MR CRITTON Your Honor Robert Critton on behalf of Mr Epstein and my partner Michael Burman THE COURT Good morning MR GOLDBERGER Good morning Your Honor Jack Goldberger on behalf of Mr Epstein THE COURT I see we have some representatives from the United States Attorneys Office here MS VILLAFANA Good morning Your Honor Villafana for the U.S Attorneys office THE COURT Good morning Who else do we have on the phone MR CRITTON Your Honor we have two members of the defense team are on the phone also THE COURT Who do we have on the phone MR WEINBERG Martin Weinberg Good morning Your Honor MR LEFKOWITZ Jay Lefkowitz Good morning Your Honor THE COURT Good morning I scheduled this hearing for very limited issues stay the civil proceedings against him The one issue I have concern about is Mr Epsteins contention or assertion that by defending against the allegations in the civil proceedings he TOTAL ACCESS COURTROOM NFTWORK REAL TIME TRANSCRIPTION Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of may expose himself to an allegation by the United States in the non-prosecution agreement that hes violated that agreement and therefore would subject himself to potential federal charges I had asked for some briefing on this I asked the United States to present its position to me And I received the Governments written response which I frankly didnt find very helpful And I still am not sure I understand what the Governments position is on it So first let me hear from Mr Epsteins attorneys as to what do you believe the concern is I dont believe the non-prosecution agreement has ever been filed in this Court am I correct MR CRITTON To my knowledge Your Honor it has not THE COURT So I dont believe Ive ever seen the entire agreement Ive seen portions of it MR EDWARDS Your Honor I believe that it was filed under Jane Doe and vs United States of America case under seal in your court THE COURT Okay MR EDWARDS In a separate case THE COURT In that case okay Was it actually filed MR EDWARDS I filed it under seal THE COURT In any event whats Mr Epsteins concern about if you defend the civil actions youre going to expose TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of yourself to a claim for a breach by the United States of the non-prosecution agreement MR CRITTON Robert Critton Your Honor our position on this case is Id say is somewhat different When this issue originally came before the Court as you are aware prior to my firm involvement in the case there was a motion filed on behalf of Mr Epstein seeking a stay And I think it was in Jane Doe and then subsequently Jane Doe through because all of those cases were filed on or about the same time And at that time the Court looked at the issue and it was based upon a statutory provision at that time And the Court said I dont find that its applicable or for whatever reason I think the court said I don consider that to be a pending proceeding or a proceeding at that particular time In that same order which was in Jane Doe I believe its not I believe I know its docket entry the Court also went on to talk about at that particular point in time dealt with the issue of the discretionary stay And the Court said at that time Im paraphrasing but the Court also does not believe a discretionary stay is defendant does not breach the agreement th he should have no concerns regarding his Fifth Amendment right against self-incrimination TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of The fact that the U.S Attorney or other law enforcement officials may object to some discovery in these civil cases is not in and of itself a reason to stay the civil litigation so that any such issue shall be resolved as they arise in the course of the litigation And I would respectfully submit to the Court that the position that the Government has taken in its most recent filings changes the playing field dramatically Because what the Government in essence has said as distinct from the U.S saying is well we object to some discovery or we may object to some discovery in the civil cases What they have in essence said is if you take some action Mr Epstein that we believe unilaterally and this is on pages and of their pleading or of their response memo to the Courts inquiry they say if Mr Epstein breaches the agreement They said it basically like a contract and if one side breaches the other side can sue In this instance what the Government will do is if we believe that Mr Epstein has breached the agreement well indict him We will indict him And his remedy under that circumstance which is an incredible and catastrophic catch great option In this particular instance my mandate in defending and thats a dramatic change in the Governments position TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of because the Government is not saying and the Court was pretty specific in what you asked the Government for in its response is in essence and its the same question in a more limited fashion youre posing today is whether Mr Epsteins defense of the civil action violates the NPA agreement the non-prosecution agreement between the U.S and Mr Epstein And the Government refuses to answer that question They wont come out and say yes it will or no it wont What theyre doing is they want to sit on the sideline and as their papers suggest is they want us to lay in wait and that if in fact they believe he violates a provision of the NPA as it relates to the defense of this case or these multitude of cases then they can come in and indict him no notice no opportunity to cure We dont think thats what the NPA says but thats certainly what their papers say Well indict him no notice no opportunity to cure We will indict him and his remedy under that circumstance is that he can move to dismiss the indictment Well thats great except Mr Epstein his mandate to me and I know his mandate to his criminal lawyers is Make ertain I dont do anything in partrcura.--r i vi cases that would in any way suggest that I am in willful violation of the NPA Now in the Courts prior ruling in the docket entry TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of certainly some aspects of the NPA are within Mr Epsteins control Theres no question about that But aspects that relate to the defense of these cases either in terms of the civil lawyers who are defending these I think theres or pending cases in front of you theres another four cases in the state court is the risk is substantial its real and it presents a chilling effect for the civil lawyers in moving forward to determine whether or not were taking some action that in some way may be a violation of the NPA And the Governments again refusal or non-position with regard to past acts that have been taken in the civil case with regard to the defense or future acts that we may take with regard to these contested litigation casts an extraordinary cloud of doubt and uncertainty and fear that the defense of these cases could jeopardize Mr Epstein and put him in the irreparable position of violating the NPA and 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Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of this irreparable harm to Mr Epstein under the circumstances In essence were left with a catch in defending the civil cases We have a mandate to take no action to take any action which may be deemed to be a violation of the NPA either in the past or in the future which would in any way risk Mr Epstein being indicted by the United States He has the clear risk of an indictment based upon the papers that the Government filed Its real its not remote and its not speculative It chills the action of the defense in this instance of both Mr Epstein and his attorneys in trying to defend these cases and decide under the circumstances can we do this can we take this position with regard to depositions can we take this legal position with regard to motions to dismiss with regard to responses with regard to replies And we send out paper discovery Is this in some way if we contact someone who may be an associate of these individuals as part of our investigation is that potentially in any way a violation of the NPA Again we dont think so And obviously again my direction has been from my client Dont take any action that would result in me being 261cted under the 267Well that 267-great But genera civil lawyers or civil lawyers in defending a personal injury case or a tort case which is exactly what these are and from a practical standpoint we use various tools to do discovery TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of Theyre standard Theyre specific Theyre very temporary very typical But in this instance as the Court knows things are not typical with regard to this case in any way shape or form We cant even serve subpoenaes theres objections and theres we cant even serve objections to third parties so we can obtain documents unless we have to filter it through the plaintiffs attorneys They wont allow us to use their clients names even in a subpoena that would never be filed in the court How do we do a deposition of a third party We wanted to take the deposition of Jane Doe Well who is she Well we cant tell you that Well whos the defendant Well we cant tell you that because nobody wants anybody to know anything about the case They want to present it strictly through rose-colored glasses And in this particular instance we simply cant defend this case or take certain action with the spector hanging over us that in fact the Government may deem it to be a violation of the NPA because very clearly in their response papers they dont say They say we dont take the position not all that substantial factors that would entitle him to a stay Except for the one major issue which the Court posed TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of in the question is is can he defend these cases Thats what I really want to know Can he defend these cases and in essence what he has done in the past or what his defense team has done in the past and what theyre going to do in the future can you give him Epstein assurances that the Government under this situation whatever he does based on advice of counsel that that cannot be a willful violation of the NPA which they can they the U.S can then turn around and say thats a violation of the agreement and therefore were going to go proceed to indict you under the circumstances Our position is Your Honor is that the U.S has now cavalierly suggested that as they did in picking up on the courts docket entry or prior order is look compliance with the NPA is solely up to Mr Epstein In this type of balance of equities it doesnt speak in favor of a stay Well that great And maybe that was the position back in on August 5th of when the issue came up in front of the Court with regard to the initial stay But the Government papers under these circumstances suggested a very different set of circumstances Their own stay is that the Governments position is that we can unilaterally indict this man if we think hes breached the NPA We dont think thats right but we have no buffer TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of between us and the Government Theyll say and as the Court knows the Government has substantial power The Government does what it wants Most of the time hopefully theyre right Sometimes they make mistakes But in this particular instance my client has rights We think that theres notice provisions we think theres cure provisions under the NPA Thats not what their paper says under the circumstances And what wed like to know from the Government and maybe the answer is basically what the Court asks is let the Government come forward today and say based on the knowledge that we have or as of todays date June 12th the Government agree that there is no set of circumstances not that were not aware of but as of todays date there is nothing that exists that would be a violation of the NPA THE COURT Well thats way beyond what Im interested in I dont know what Mr Epstein may have done outside the context of defending this case that may constitute a violation And if he has done something outside the context of defending this case thats a violation I dont care Thats between the United States and Mr Epstein defending these civil actions is going to be a violation of the non-prosecution agreement If he has done something else its none of my business and I dont care and Im not going to TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case KAM Document Entered on FLSD Docket Page of even ask the Government to give you an assurance that he hasnt done anything that might have violated the agreement up till today Im only interested in defending these civil actions MR CRITTON Then I would respectfully submit to the Court that the Government be asked in that limited context are they as of today whether there were or not but as of today is there anything that has been done or will you take the position the United States that any position that Mr Epstein has taken with regard to defending these civil cases is in any way a violation of the NPA THE COURT Well Im not sure what theyre going to say but that might that cures the problem up to this point But then we have to deal with whats going to happen from here on in And thats another issue that we have to deal with So I understand your position But has anyone suggested to you on behalf of the United States that there is something that youve done in defending this case that they believe may or could be construed as a violation of the non-prosecution agreement Has anyone pointed to anything that youve done For example the fact that youve wanted to take their I dont know if youve noticed depositions or not in this ca:s-e-;7Jtlt if r-rt-n notice of taking deposition if you sent requests for production of documents if you sent interrogatories if you issued third party subpoenas Is anything youve done thus far TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of 1s in the context of this case been brought to your attention as a potential violation MR CRITTON I have received no notification nor am I aware that weve received any notification of any action that we have taken today As I suggested to the Court I dont know when theyve done or not And in their papers they suggested well we dont know everything thats gone on in the civil litigation But from a practical standpoint it was a number of comments that were made in their papers is we can indict we can see if 267theres a breach Judge I may have some THE COURT Before you go on MR CRITTON Im sorry THE COURT You"ve focused a great deal on the Governments response to my inquiry as supporting your position that youre in jeopardy But youve made the suggestion even before this brief was filed that defending the case was going to potentially result in an assertion or allegation that you breached the non-prosecution agreement 2l So what was it that caused you to make that initial Because thats what caught my attentto-rr;-wa.1:r-.r1or this brief that the Government has filed was in response to something that you filed initially in your most recent motion for a stay which raised the issue TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of l6 So what was it that gave you some concern to even raise the issue that defending this case is going to constitute a breach MR CRITTON Because there are other instances where counsel other than myself not in the civil aspects where allegations have been made and letters have been sent by the United States suggesting that theres been a violation of the NPA And under those circumstances some notification was provided THE COURT Did it have anything to do with defending the civil actions MR CRITTON It did not THE COURT So then why was that issue raised by you in the first instance MR CRITTON Because of the prospect that the defendant could take that the U.S would take the position under the circumstances that a position that we took with regard to the contested litigation may well impact that the Government may have a very different view of what the interpretation of the agreement is And as an example is a number of the parties and I is is under is that from the defendants perspective the deal that was cut on that it was a very specific deal It dealt with both consensual and contested litigation It dealt TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of with a secret list of individuals who we had no idea who was on the list and a commitment that he would under certain circumstances be required to pay a minimum amount of damages which our position is under based upon the statute that was in effect at the time a as to anyone who wanted who came forward who was on the list and met certain criteria The position that now has been asserted by a number of the plaintiffs under the circumstances and its been pled and actually a number of the complainants is is Epstein agreed and they cite to a letter that was sent by Ms Villafana from the Government that says he has to plead guilty or he cant contest liability That may be true under very very limited or specific circumstances But what the plaintiffs have done in a number of the cases and these are pending motions is theyve said is well we think C.M.A cases is a good example theyve pled separate counts of alleged violations And theyre saying under the circumstances is therefore we have violations theres of them so times or should be or whether its thats the amount of money that we want so maybe million or whatever the number is more creative Theyve said is well well agree that its only one cause of action but that each number of violations that is if alleged incidents occurred that we would TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of consider to be or that we will argue are violations then we can take times the or the depending on which statute is applicable So the Government under that set of circumstance could say and again this is one of the reasons that we raised it they could say look our deal with you was that you couldnt contest liability that you were waiving liability or your ability to contest an enumerated offense under Again part of the deal was as to an enumerated offense Okay Well whats that mean What did he plead to Well he really didnt plead to anything which is another issue associated with the But if the Government comes in and says no wait a minute our position was is that youre stuck with and the language within the NPA And therefore whether its an offense or whether its multiple offenses or violations or each one represents an individual cause of action if the Government takes the position thats adverse to what we think the clear reading of the agreement was under those circumstances they could claim a violation And as a result and thats one of the reasons we put that was the most glaring one to us so we raised that issue And then when the Government 225-s--response came with regard to is we can just proceed to indict if we think that theres been a breach of the agreement That puts us at substantial risk and chills our TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of ability to move forward Thank you Your Honor THE COURT Thank you Who wants to be heard from the plaintiffs first Is there any plaintiffs attorney who is contending that the defense of these civil actions by Mr Epstein is going to constitute a breach of the non-prosecution agreement MR JOSEFSBERG Your Honor this is Bob Josefsberg May I speak THE COURT Yes sir MR JOSEFSBERG Were not quite confident that any breaches of any agreement which were third-party beneficiaries should be resolved by you Were not saying it shouldnt But we have not raised any breach of agreement We think that is between the united States and Mr Epstein What I find incredulous and disingenuous is that Mr Epstein is saying that he wants a stay because he may be forced into taking actions in the defense of this case that would violate the agreement And let me make our position clear on that If he wants to move to take depositions interrogatories production and they are according to your rulings appropriate not I dont know how those could in any way be violations of the agreement What I find hypocritical is that there are two parts TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of to the agreement that I am a beneficiary of One of them is that he has agreed that on any action brought in the he will admit to liability And I received on May a motion to dismiss which were prepared to respond to and disagree with but totally contesting liability saying that the statute doesn apply because the girls are no longer minors and saying and this is the great one saying that the predicate of the conviction under has not been satisfied Now the understanding that I have is the agreement between the Government and Mr Epstein was that the Government desired to see these victims made whole and wanted them to be in the same position as if Mr Epstein had been prosecuted and pled or convicted And they would be able to have the predicate of that criminal conviction which just as a matter of liability would just be introduced as proof that he done this They under the agreement are supposed to admit to liability on limited something that under He has filed but since there is no conviction there can be no civil suit under with which we disagree But it is totally in opposite of the NPA The second part is there are many young ladies and this perhaps he can use this to his great advantage who are humiliated about this entire situation Some of them wont TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of come forward We were appointed by Judge as a Special Master to represent these young ladies And some of them dont even want to file suit They dont even want to be known as Jane Doe They don want any of the risks for these motions that are pending And part of the agreement was that if we represented them and they settle Mr Epstein would pay our fees And he has written us as of yesterday that he is under no obligation to pay our fees on settling cases Now those two matters I believe may be breaches But I am not asking this Court at this time to do anything about them Nor am I telling the Government I not running to the Government and saying indict him because I want you to pressure him to do what he agreed to Im a third-party beneficiary for that agreement and I may move to enforce certain parts of it But as far as the issue of staying the litigation that is the exact opposite of the intent and the letter of the NPA The purpose of the NPA was so that these young ladies these victims who have been severely traumatized may move on with their lives the purpose of that agreement and would be horrible psychologically for all of my clients THE COURT Mr Josefsberg I understand your TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of position And I dont want to argue the merits of whether a stay should or should not be granted Im just trying to understand what the ground rules are going to be if I grant a stay or if I deny a stay And Ive already denied a stay once I have to decide this current motion and I just want to know what is going to happen if I deny the stay in terms of Mr Epsteins exposure under the non-prosecution agreement Thats my concern So if youre telling me that youre not going to urge the United States on behalf of any of your clients to take the position that hes breached the agreement because hes taking depositions because hes pursuing discovery because hes conducting investigations that anyone in any other type of civil litigation might conduct with respect to plaintiffs that are pursuing claims against a defendant that those typical types of actions in your judgment are not breaches of the agreement and that he can go forward and defend the case as any other defendant could defend and youre not going to run to the united States and say hey hes breaching the agreement by taking depositions and hes breaching the agreement by issuing subpoenas to third parties in order to gather information rrecessary-to defend then I dont have a probieTir."--But hes going to be accused of breaching the agreement because he sends out a notice of deposition of one of your clients how is he supposed to defend the case TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of MR JOSEFSBERG Your Honor youre totally correct He can depose my client Thats not a problem But the problem is that these are not typical clients and this is not a typical case He has written in his pleadings that he wants to publish the names of these girls in the newspapers so that other people may come forward to discuss their sexual activities with these different plaintiffs That not your typical case But are rulings that youll make in this case and theyre not part of the NPA As far as my going to the Government is concerned I find it very uncomfortable for me to use the Government to try to pursue my financial interest in litigation And I know that Mr Epstein and his counsel will make much ado about it So I am not going to be running there However if they start taking depositions regarding liability I will consider that to be a breach because theyre supposed to have admitted liability THE COURT But again I dont have the agreement and I dont remember reading the agreement But what Im being told is the part of the agreement that admits liability is only as to a claim and there are numerous other personal tnjury tort claims other than Ci:a:irns And theres a limit of damages on the claim as I understand it but I presume that all the plaintiffs are going to seek more than the limited or capped amount of damages in TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of the non-prosecution agreement as to the other claims And so why arent they entitled to defend and limit the amount of damages that your client is seeking on the tort claims MR JOSEFSBERG Your Honor you are correct On tort claims they are permitted to do the defense whatever is appropriate My cases are pure on which liability under the agreement is supposed to be admitted Now as to the amount of damages there are legal issues that will be before you and under the C.M.A cases that are getting before you as to whether it is or That has nothing to do with the NPA There are legal issues that are before you as to whether it is per statute per count or per incident or per plaintiff Those have nothing to do with the NPA There is no amount in NPA Those will be resolved Anyone who has brought a case that is outside of the 267defense is permitted to contest liability under the NPA Thats no violation Under the NPA if someone brought a case under just Mr Epstein if he is to keep his word cannot contest is a self-fulfilling agreement He can contest liability And as far as the amount of damages anyone that wants to go over the statutory minimums of course he can contest that in any TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of 2s way that is proper under the Rules of Evidence and your rulings The NPA has no limitation on his contesting damages above the minimum statutory amount The only thing that he has done is in his actions of refusing to pay for settling defendants and in his saying that he has no liability under those appear to be contrary to whats in the NPA But Im not in any position right now to claim a breach and I dont know whether Id be claiming a breach or enforcing it in front of you suing him for fees asking you to have him admit liability or complaining to the Government And thats why Im not that helpful in this situation because I think its the Governments role But I do not waive the right to be a third-party beneficiary because pursuant to my appointment which was agreed to by Mr Epstein I and my clients have certain rights and we want to enforce them But his defending this lawsuit will not in any way be a violation His getting this lawsuit stayed would be a violation of the spirit of taking care of these girls and there would be other issues Like if there is a stay Your IIOI would he t-inr""1g.-a it THE COURT We dont need to talk about those issues Thats not my concern MR JOSEFSBERG I agree Your Honor we dont TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of THE COURT Thats not my concern So again I just want to make sure that if the cases go forward and if Mr Epstein defends the case as someone ordinarily would defend a case thats being prosecuted against him or her that that in and of itself is not going to cause him to be subject to criminal prosecution MR JOSEFSBERG I agree Your Honor THE COURT Any other plaintiffs counsel want to chime in MR WILLITS Richard Willits on behalf of C.M.A I would join to weigh in on what Mr Josefsberg said MR JOSEFSBERG Your Honor I could not hear THE COURT Well get him to a microphone Mr Willits is speaking MR WILLITS On behalf of my client C.M.A we join in what Mr Josefsberg said and we also want to point out something to the Court First we want to make a representation to the Court we have no intention of complaining to the U.S Attorneys Office never had that intention dont have that intention in the future but of course subject to what occurs in the I want to point out to the Court that Mr Epstein went into this situation with his eyes wide open represented by counsel knowing that civil suits had to be corning If he TOTAL ACCESS COURTROOM NElWORK REAL TIME TRANSCRIPTION Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of didnt know it his lawyers knew it He appears to be having second thoughts now about he could have negotiated this way or he could have negotiated that way with the U.S Attorneys Office And they want to impose their second thoughts on the innocent plaintiffs We dont think thats fair We think its in the nature of invited error if there was any error whatsoever Thank you THE COURT You agree he should be able to take the ordinary steps that a defendant in a civil action can take and not be concerned about having to be prosecuted MR WILLITS Of course And we say the same thing Mr Josefsberg said Its all subject to your rulings and the direction of this Court as to what is proper and what is not proper And were prepared to abide by the rulings of this Court and we have no intention of running to the States Attorney THE COURT The U.S Attorney MR WILLITS Im sorry The U.S Attorney THE COURT Mr Garcia MR GARCIA Thank you Your Honor If I may briefly I think perhaps defense counser forgot about this but on pages and of my memorandum of law in opposition to the motion to dismiss I did make reference to the non-prosecution agreement and I did say that TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of 2s the contesting of the jurisdiction of this court was a potential breach of the non-prosecution agreement So my client happens to have and they have filed with the Court a copy of her state court complaint given the fact that the non-prosecution agreement limits the non-contesting of jurisdiction to claims exclusively brought under the federal statute Im going to go ahead and withdraw those contentions on pages and of my memo of law because it doesnt apply to my case So to the extent that I raised this issue with defense counsel and the Court Im going to withdraw that aspect of it THE COURT Can you file something in writing on that point with the Court MR GARCIA Yes THE COURT What do you say about this issue that were here on today MR GARCIA I think that the problem that I have with it is that this non-prosecution agreement is being used by defense counsel for the exact opposite purpose that it was intended My perception of this thing and I wasnt around is t.trarivrr Epsre-:1..-n essentially boughCIfis-wa:you-r-m crimina prosecution which is wonderful for the victims in a way and wonderful for him too Now hes trying to use the non-prosecution agreement TOTAL ACCESS COURTROOM NElWORK REALTIME TRANSCRIPTION Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of as a shield against the plaintiffs that he was supposed to make restitution for And certainly he can take my clients depo Hes done extensive discovery in the state court case very intrusive I might add And we dont care because we can win this case with the prosecution agreement or without the prosecution agreement We are ready to go forward THE COURT You re not going to assert to the United States Government that what hes doing in defending the case is a violation for which he should be further prosecuted MR GARCIA Absolutely not THE COURT Anyone else for the plaintiffs MR HOROWITZ Judge Adam Horowitz counsel for plaintiffs Jane Doe through I just wanted to address a point that I think youve articulated it I just want to make sure it crystal clear which is that we can paint a broad brush for all of the cases The provision relating to Mr Epstein being unable to contest liability pertains only to those plaintiffs who have chosen as their sole remedy the federal statute My clients Jane Do-e-z through have elected to-urtng 267a:tlditron of action and it I for that reas we were silent when you said does anyone here find Mr Epstein to be in breach of the non-prosecution agreement That provision as we understand TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of it it doesnt relate to our clients THE COURT Okay But again youre in agreement with everyone else so far that spoken on behalf of a plaintiff that defending the case in the normal course of conducting discovery and filing motions would not be a breach MR HOROWITZ Subject to your rulings of course yes THE COURT Thank you Anyone else have anything to say from the plaintiffs Ms Villafana if you would be so kind as to maybe help us out I appreciate the fact that youre here and I know youre not a party to these cases and under no obligation to respond to my inquiries But as I indicated it would be helpful for me to understand the Governments position MS VILLAFANA Thank you Your Honor And we of course are always happy to try to help the Court as much as possible But we are not a party to any of these lawsuits and in some ways we are at a disadvantage because we dont have access My access is limited to whats on Pacer So I dont really know what positions Mr Epstein may have taken either in correspondence or in discovery responses that arent filed in But your first order was really just what do you think about a stay and then the second order related to this hearing and asked a much more specific question which is whether we TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of believe that Mr Epsteins defense was a breach of the agreement And Ive tried to review as many of the pleadings as possible As you know they re extremely voluminous And I havent been through all of them But we do believe that there has been a breach in the filing that Mr Josefsberg referred to and contrary to Mr Critton we do understand that we have an obligation to provide notice and we are providing notice to Mr Epstein today The pleading that we found to be in breach the non-prosecution agreement sought to do one thing which was to place the victims in the same position they would have been if Mr Epstein had been convicted of the federal offenses for which he was investigated And that if he had been federally prosecuted and convicted the victims would have been entitled to restitution regardless of how long ago the crimes were committed regardless of how old they were at the time and how old they are today or at the time of the conviction And it also would have made them eligible for damages under a system that would allow these victims to get that restitution without having to go through what civil litigation will expose them to TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of You have a number of girls who were very hesitant about even speaking to authorities about this because of the trauma that they have suffered and about the embarrassment that they were afraid would be brought upon themselves and upon their families So we did through the non-prosecution agreement tried to protect their rights while also protecting their privacy So pursuant to the non-prosecution agreement on the other hand we werent trying to hand them a jackpot or a key to a bank It was solely to sort of put them in that same position So we developed this language that said if that provided for an attorney to represent them Most of the victims as you know from the pleadings come from not wealthy circumstances may not have known any attorneys who would be in a position to help them So we went through the Special Master procedure that resulted in the appointment of Mr Josefsberg and the goal was that they would be able to try to negotiate with Mr Epstein for a fair amount of restitution/damages And if Mr Epstein took the position which apparently he has which is that the or floor under also would be a cap That if they were to proceed to file suit in Federal Court to get fair damages under Mr Epstein would admit liability but he of course could fight the damages portion which means that of course he would be entitled to depositions of TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of course he would be entitled to take discovery and we dont believe that any of that violates the non-prosecution agreement The issue with the pleading that he filed the motion to dismiss the case I believe it Jane Doe represented by Mr Josefsberg is that that is a case that was filed exclusively under U.S.C Section She met that requirement Mr Epstein is moving to dismiss it not on the basis of damages he is saying that he cannot be held liable under because he was not convicted of an offense The reason why he was not convicted of an offense is because he entered into the non-prosecution agreement So that we do believe is a breach The issue really that was raised in the motion to stay and that I addressed in our response to the motion to stay is that Mr Epsteins Mr Epstein wants to stay the litigation in order to leave in order to sort of attack the cases of the victims whether they are fully within the non-prosecution or not non-prosecution agreement or not and leave the Government without a remedy if he does in fact breach those terms And that is why we opposed the stay statement MS VILLAFANA Well because this issue related to the motion to dismiss on Mr Josefsberg client came up after TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case KAM Document Entered on FLSO Docket Page of we had filed that response And what we said in the response to the motion to stay is that the reason why he wants to stay the litigation is so that the non-prosecution agreement terminates based on a period of time as he puts it And then afterwards he would be able to come in here and make all of these arguments that clearly violate the non-prosecution agreement but we would be without remedy THE COURT But youre not taking the position that other than possibly doing something in litigation which is a violation of an express provision of the non-prosecution agreement any other discovery motion practice investigations that someone would ordinarily do in the course of defending a civil case would constitute a violation of the agreement MS VILLAFANA No Your Honor I mean civil litigation is civil litigation and being able to take discovery is part of what civil litigation is about And while there may be for example if someone were to try to subpoena the Government we would obviously resist under statutory reasons all that sort of stuff But no Mr Epstein is entitled to take the deposition of a plaintiff and to subpoena records etc THE COURT And even if he seeks iscovery rom a Government agency you have the right to resist it under the rules of procedure but that would not constitute a violation again unless theres a provision in the prosecution agreement TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of that says I cant do this MS VILLAFANA Correct THE COURT That your position MS VILLAFANA Yes THE COURT Thank you MS VILLAFANA Thank you Your Honor THE COURT Mr Critton did you want to add anything MR CRITTON Yes sir Just a few responses to some of the issues that have been raised The most glaring at least from our perspective is both Mr Josefsbergs comments that he believes that theres a violation of the NPA as well as Ms Villafana with regard to Jane Doe Mr Josefsberg while he was the attorney rep who was selected by Judge to represent a number of individuals alleged victims that may have been on the list he represents many of them And the type of response that was filed in would probably be very similar to what we will file if he files and he filed as well But if he files and or whatever number he files we may well take that same legal position in our motions and in our response or in And what weve been in essence told today is we consider that to be a violation of the NPA under the circumstances TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of is a perfect example that he filed is we have e-mails going back and forth between the Government and my clients attorneys at the time that suggested that probably doesnt even fit within the statute of limitations So under Mr Josefsbergs argument is as well weve only brought a claim we dont care whether shes within or is outside the statute of limitations Because she was on the list and under the circumstances he has to admit liability which we contest is under that set of circumstances youre stuck with it You can fight damages if you can but shes a real person and you cant raise statute of limitations The other point that kind of strikes out is theres probably a difference And Im happy to provide a copy of the NPA or a redacted portion of.the NPA which deals with the civil issues which are paragraphs and and the entire addenda in camera for the Court to look at if plaintiffs counsel and the Government I guess really because theyre not a party is if they have no objection because they all have access based on a prior court order to the non-prosecution agreement So Im happy to provide that to the Court today and ow to counsel so that the Court can review that But our position with regard to the claims is that there were two types of claims that could be filed one was consensual litigation the second was contested litigation TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of And under the consensual in essence which Mr Epstein did is hes offered of the statutory minimum for that time period to all of those individuals THE COURT Can I interrupt you a second MR CRITTON Yes sir THE COURT Im not here and I dont believe its my role to decide whether or not there is or is not a breach of the agreement Im just trying to understand what the Governments position is regarding your defending these cases Now Im just saying this as an example If for example in the non-prosecution agreement there was a provision that said explicitly Jeffrey Epstein shall not move to dismiss any claim brought under by any victim no matter how long ago the allegations or the acts took place period If that was in the agreement and you filed a motion to dismiss by someone who brought a claim it might sound like it might be a violation MR CRITTON I agree THE COURT So you would know that when you filed your motion because it was right there for you to read And so to stay the case because I want to do something that the contract expressly prohibits me from doing stay the case until the agreement expires so then I can do something that the agreement said I couldn do so you wont be in fear of prosecuting Im not sure that that is what Im concerned TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of about Im concerned about discovery investigation motion practice thats not prohibited by a provision of the agreement If theres something thats prohibited by the agreement that you knowing what the agreement says go ahead and do anyway I guess thats a risk youre going to have to take If theres a legitimate dispute about it I guess some arbiter is going to decide whether its a breach or not But again thats something you and Mr Burman Mr Goldberger and you are all very good lawyers and hes got a whole list of lawyers representing him and youve got the agreement and youre going to make legal decisions on how to proceed and youre going to have to go and make your own decisions Im concerned about things that arent in the agreement that arent covered that youre going to be accused of violating because again you take depositions you send out subpoenas you file motions that are not prohibited by the agreement And thats what Im concerned about MR CRITTON And I understand that Your Honor But at the same time its as if the lawyers and the clients based upon our interpretatrcin-or agreement an believe me we would not have filed the motion to dismiss but for believing that there was a good faith basis to do that under the circumstances TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of And now in essence were being accused not only by not accused but its been suggested that theres a breach of the NPA not only by Mr Josefsberg on behalf of but as well Ms Villafana on behalf of the United States Thats the perfect example Theyre basically saying we think you violated We may send you notice under the circumstances So does that mean that on we have to back off of it because we think in good faith that its a motion and is that something that this Court ultimately will rule THE COURT I dont know that Im the one who is going to make that decision Again thats not the kind of thing that I was concerned about I was more concerned about the normal ordinary course of conducting and defending a case that would not otherwise expressly be covered under the agreement that youre going to then have someone say ah hes sent a notice of deposition hes harassing the plaintiffs I dont know if theres a no contact provision in the agreement or no harassment type of provision in the agreement Ah this is a breach because you sent discovery or hes issuing subpoenas to third parties trying to find out about these victims backgrounds hes breaching the agreement Those are the kind of things that was worrie MR CRITTON The concern that we have is as part of doing this general civil litigation its not just the discovery process And I understand the issues that the Court TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of has raised But part of it is that often cases are disposed of either on a summary basis or certainly legal issues that come before the Court during the course of the case just like in a criminal case Thats clearly part of the Id say the defense of the case under the circumstances and if in fact an individual cant legally bring a cause of action for certain reasons such as has been suggested in and may be suggested in when that pleading is filed that certainly is a position that puts my client at risk As another example that I use with C.M.A that they filed this 30-count complaint Now they have the state court claims as well But they in essence have said they filed another pleading with the Court that says depending on what the Court rules in essence on whether we can file multiple claims or one cause of action with multiple violations we may dump the state court claims and therefore well just ride along on that Thats a very different Mr Epstein would never have entered into nor would his attorneys have allowed him to enter into that agreement under those circumstances where he had this unlimited ITitY 267-Tliat clearly was never envisionea any defendants by the defendant or any of his lawyers under the circumstances And if thats claimed to be a violation either by the TOTAL ACCESS COURTROOM NElWORK REALTIME TRANSCRIPTION 6-CV-MARRA Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of attorneys i.e hes not recapitulating on liability under the and thats all we have now Thats our exclusive remedy And the Government says yeah thats right thats a viqlation of the NPA It again chills us from moving forward filing the necessary motion papers and taking legal positions that may put my client at risk for violating the NPA and then creating the irreparable harm of after having been in jail after having pled guilty to the state court counts after registering on release as a sex offender hes complied and done everything taken extraordinary efforts to comply with the NPA puts him at substantial risk And thats what our worry is moving forward MR JOSEFSBERG Your Honor may I be heard May I make three comments It will take less than a minute THE COURT Yes sir MR JOSEFSBERG Mr Critton refers to the alleged victims I want you to know that our position is that pursuant to the NPA theyre not alleged victims They are actual real victims admitted victims Secondly he argues about the statute of limitations on I know that you dont want to hear about that and Im not going commen a ou it But ease ac of argument about this as being we agree with anything Last and most important we totally agree with Mr Critton in his suggestion that he hand you a copy of the TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of NPA I think that many of the questions you asked will be answered when you read the NPA and I think its very unfair of everyone who is sitting in front of you who have the NPA to be discussing with you whether its being breached whether there should be a stay when youre not that familiar with it If we would give you a copy of it I think it would be much more helpful i making your ruling THE COURT Maybe Judge Colvat will resolve this issue for me MR JOSEFSBERG Even if he doesnt Your Honor I believe we are allowed to show it to you THE COURT Ill tell you what wait for Judge Colvat to rule and then if he rules that it should remain sealed then Ill consider whether or not I want to have it submitted to me in camera Anything else Mr Josefsberg MR JOSEFSBERG No I thank you on behalf of myself and the other counsel on the phone for permitting us to appear by phone THE COURT All right Anyone else have anything they want to add I only had one issue here and when I read your motion that you wanted to hear on the narrow issue of just defense in the civil actions filed against him violates the TOTAL ACCESS COURTROOM Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of non-prosecution agreement I was expecting that we were going to hear something from the Government similar to the affidavit that was filed by Mr Epsteins attorneys wherein he indicates as.of the day of this affidavit attached to the motion to stay the U.S Attorneys Office has taken the position that Epstein has breached the non-prosecution agreement and it names specifically investigation by Epstein of this plaintiff and other plaintiffs Epsteins contesting damages in this action Epstein or his legal representatives making statements to the press And we didnt hear any of those things So thats what I was expecting that the U.S Attorneys Office was going to expound on and say yes weve made some communications to Epstein Hes violating What were hearing right now today just so that Im clear and I think the Court is clear now is that the non-prosecution agreement is what it is There have been no violations but for maybe what Mr Josefsberg brought up But there are very few restrictions on Mr Epstein He went into this eyes wide open And whether or not I agree with the agreement how it came to be in the first place is neither here nor there fut-there have been no violat1ons or Ereac es up to this point And his affidavit that was filed Im just troubled by where it even came from I mean its making specific allegations that the U.S Attorneys Office is TOTAL ACCESS COURTROOM NElWORK REALTIME TRANSCRIPTION Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of threatening a breach and this is part of the motion to stay which were all battling here So I just wanted to indicate to the Court or remind the Court that there have been specific allegations made the United States Attorneys Office is making these allegations of breach which we havent heard any of the evidence of Thank you THE COURT All right Ms Villafana did you want to respond to that suggestion that there were other allegations of breach besides the one that youve just mentioned today MS VILLAFANA No Your Honor THE COURT Thank you I appreciate your giving me the information which I think has been very helpful today and Ill try and get an order out as soon as possible Court adjourned at a.m CERT I I CATE I hereby certify that the foregoing is an accurate transcription of proceedings in the above-entitled matter DATE s/Larry Herr LARRY HERR RPR-CM-RMR-FCRSC Official United States Court Reporter Miami Avenue Miami FL Fax email Lindsay165 aol.com Quality Assurance by Proximity Llngulbase Technologies
