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M?M 4M XY qr qr qr NEeD 10Cy qYY E2 GH l1 Pd h3V g?KIq V5kL O65S d_xKKU vV 5H p1 Z6 CTX U0 U1 CTX U0 U1 A0 1D qr qr 10Cy YY K??Kl 1B AMwv 1K F1 KV yW Gd T?H CTX CTX I CK M?qr K?SK?PQZ I IRZX 8YCX 10Cy qr CX kv zg S5kB??a iG wA CTX U2 6Y CTX U2 6Y I K,,j j,s 6Y P!p qr 10Cy qr YY G?O 9K mSd X0 9r?yal 1d bY0 XNf??qN D?J CTX P!Z b!o C,C qrM 10Cy qr8 I fX2 9R lO KV CTX Oo CTX A qr r?qr rq YY Lsy7H4 C,6E IL CTX U3 CTX J,O3_3xx qrM?r q?CX Y9/C 9CX CTX Y10Cy CX CX CX YC YY FV uTl bEWa ȓjJ-8 Gc G??Q9E 9Wq CTX CTX Up i I A 9_ qr qr YY D.X 7s F??Y bc3_c iH CTX CTX A qr 10Cy YY EMq 7H AY mK9Z BY A2 P6L N7 CTX CTX a I I i qr rC CTX CTX 7O I FMM qr qr i I I3 CTX Z6 I L(K4 P:u Z6P CTX y8 response thereto Epstein filed a Motion for Clarification/Reconsideration as to this Order which this Court denied on June but in so doing specifically avowed that Because the Counter-Plaintiff has expressly limited his own objections to the Counter-Defendants assertion of non-constitutional claims of privilege this Court will not rule on the Counter-Defendants assertion of Fifth Amendment privilege even though many of the requested documents appear to belong to corporations which do not possess Fifth Amendment rights Accordingly it is here by ORDERED and ADJUDGED that the Counter-Defendants Motion for Clarification/Reconsideration of this Courts Order Dated May is DENIED This Court will proceed with the in camera review as previously delineated under the Second Discovery Order and will rule upon all of the Counter-Defendants asserted non-constitutional claims of privileges both for interrogatories and document production after the in camera review is complete Order dated June emphasis added A true and correct copy of this Order is attached hereto as Exhibit A After receipt of the June Order on July Epstein filed Amended Responses to Edwardss Net Worth Interrogatories and Request for Production in which he deleted all non-constitutional privilege assertions and only asserted his Fifth Amendment Privilege against Self-Incrimination the only one to which Edwards did not object and for which Epstein was not required by this Courts Order to produce anything for an in camera inspection True and correct copies of the Amended Responses are attached hereto as composite Exhibit Finally on September while the parties were present on another issue this Court inquired as to whether or not there was any outstanding issue regarding this discovery and the following transpired MS COLEMAN No your order said that you needed to be able to rule on the other non-fifth amendment privilege which we raised Every other privilege we raised has now been withdrawn and all the discovery has been amended Anywhere we asserted a privilege we asserted the Fifth along with other privileges All the other privileges were taken out So its only the Fifth Amendment So theres nothing to review MS COLEMAN lfyou would like us to do THE COURT No I never asked for in-camera inspection if I dont need to do one Im just asking what it is I need to do that I havent done in regards to the privilege log in regard to Mr Epstein Were just dealing with this MR SCAROLA I will accept Ms Colemans representation on the record that all of the discovery that has been withheld has been withheld solely on the basis of the Fifth Amendment privilege MS COLEMAN No Judge The answer its all net-worth discovery The discovery that was at issue is the net-worth discovery for the punitive damages THE COURT This is probably unfair to you guys Im asking questions because it concerns me if theres something out there Im supposed to be ruling on and I might have to do that Is there something pending on me that Im supposed to rule on MR SCAROLA Not if the only privilege thats being asserted is a Fifth Amendment privilege A true and correct copy of the transcript is attached hereto as Exhibit Accordingly all punitive damages net worth discovery has been completely answered by Epstein and the only privilege asserted by Epstein was his Constitutional Fifth Amendment Privilege to which Edwards has not objected and upon which this Court has repeatedly stated it would not inquire WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon all parties listed below via Electronic Service this November Isl Tonja Haddad Coleman Tonja Haddad Coleman Esq Fla Bar No TONJA HADDAD PA SE J1h Street Suite Fort Lauderdale Florida facsimile Tonja tonjahaddad.com Electronic Service List Jack Scarola Esq Searcy Denney Scarola et al Palm Beach Lakes Blvd West Palm Beach FL ScarolaTeam searcylaw.com eservice SearcyLaw.com Jack Goldberger Esq Atterbury Goldberger Weiss PA Australian Ave South Suite West Palm Beach FL jgoldberger agwpa.com Marc Nurik Esq East Broward Blvd Suite Fort Lauderdale FL marc nuriklaw.com Bradley Edwards Esq Farmer Jaffe Weissing Edwards Fistos Lehrman Andrews Avenue Suite Fort Lauderdale Florida staff.efile pathtojustice.com Fred Haddad Esq Financial Plaza Suite Fort Lauderdale FL Dee FredHaddadLaw.com Chester Brewer Jr One Clearlake Center Suite Australian A venue South West Palm Beach Florida wcblaw aol.com wcbcg aol.com fN THE CJRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUJT lN AND FOR PALM BEACH COUNTY FLORIDA JEFFREY EPSTEIN CASE NO CIVIL DJVISION Plaintiff and Counter-Defendant SCOTT ROTHSTEJN individually BRADLEY EDWARDS individually and L.M individually Defendant and Counter-Plaintiff I ORDER DENYING COUNTER-DEFENDANrs MOTION FOR CLARIFICATION/RECONSIDERATION THIS CAUSE came before the Court on Plaintiff/Counter-Defendant Jeffrey Epsteins the 267countcr-Dcfcndanf Motion for Clarification/Reconsideration of this Courts Order Dated Ma filed on May This Court having heard argument on the motion and having carefully reviewed the Counter-Defendants objections and all applicable legal authority and being other.vis fully advised in the premises does hereby determine as follows BACKGROUND On March I i this Court entered an Order the 267First Discovery Order requiring the Counter-Defendant to file a detailed privilege log in response to Defendant/Counter-Plaintiff Bradley Edwards the Counter-Plaintiff Request for Production and Net Worth Interrogatories The Order stated that the Counter-Defendant was not required to list any documents on the privilege log that he asserted were protected by his constitutional privilege against self-incrimination The Counter Defondant resp mded to this Courts Order by filing a privilege log wherein he asserted a Fifth Amendment privilege against self incrimination as to essentially every dornmcnt request and interrogatory as well as asserting that man documents were protected by attorney-client privilege accountant-client privilege trnde se rct privilege ork product privilege and third party privacy rights The Counter-Defendants Fifth Amendment privilege claims were based upon the assenion that the identification and certification of the existence of certain documents would be sclf incriminating Because of the Counter-Defendants assertion that he could not identify the requested documents the Counter-Defendant did not provide to this Court a basis upon which to substantiate his non-constitutional claims of privilege On April the Counter-Plaintiff filed his Response to the Counter-Defendants Objections to the Counter-Plaintiffs Request for Prodw.:tion and Net Worth Interrogatories wher..:in he requested that this Court require a new privilege log fix an in camera review to determine whether the Counter-Defendants non-constitutional claims of privilege were valid This Court entered an order on May the Second Discovery Order requiring the Counter-Defendant to provide to the Court in camera a privilege log that provided a basis for the Counter-Defendants asserted privileges Presently before the Court is the Counter-Defendants Motion for Clarification/Reconsideration filed in response to the Second Discovery Order on May LEGAL ANALYSIS AND RULING In ri:sponse to this Courts Second Discovery Order requiring the Counter-Defendant to provide for an in cameru review a privilege log substantiating his claims of attorney-client privilege accountant-client privilege trade secret privilege work product privilege and third party privacy rights the Counter-Defendant argues the following A the Counter-Plaintiff has not requested this Court rule on Fifth Amendment privilege and this Courts Second Discovery Order is in conflict with the First Discovery Order the Courts Second Discovery Order was confusing with respect to interrogatories and this Courts Second Discovery Order requiring the production of a privilege log will cause the CounterMDefondant to Vaive his Fifth Amendment privilege against self incrimination Accordingly each of the Counter-Defendants arguments is considered in turn Xmj??z a?V a t?b ɠ?I?e_U T?Y?P Fg?,??k펩 l?x?M Wq4?M ciB s٥ Y?xe n4 mxt ޑp b?M Kz c?,2Kj ۼl 4b QKx??w P?o z?A C?4B pr?U S?:bj ĭqx6 u?Fk gh 7e B?9Y nP TP??A I c:?ZT?pƿ x?Wȕ 褚?D?O gT 4V X8?Z r)n k_ DŽ?ũ ژu?Ŭ ƈp?_ W4 s?r?:TQ I??Gg g??p Q??v?0mtE ed μi h??x кZ bdz?g Mk-??L R5 dG?3 Ųd H?Ѡ W"W A C?/V Kn Z??R s?s vb0?l??r?A Fb sU ZҤ Wm?t RP q?R??p Q?on x7 Pz?E c?N bE Ǟ?ѿ Vb w?z L?vb d?q C3?h?m aݮ d?Z??B rH vx pѡp l?Z Qz A??t J?A H??N 7pk qpy?vs cEb E퀬 V?!F _6 e8?V ZR b;?L X?G??F pj??M gy T8A X?L Z?r x??g Woo?Պ L5 N?BX?m t?c S9 ȱ?Dx?D QG Z?b 5?QA?L e䛚b A EI a??H X3ƨ??e ҿv KD?DsOWC??kz g??ܦ A?Ř??Yhg jEι XUk A X;P pHG?M lyz?yŰ v?;R ҜYG??p?4?A?N??lo dk??GÜk g?wn Nf?G?9 cS uF ãk D?G RZ i M?l1?K xN?p 鶆2 TR?pyIN?H Z?u?P uda8 i??xRSdy?K OW vG Hx??Taˏ n?A ůcLL)?hhbE.?Ε W3?ۮ DC qD?L G?yʞ.U?R?R??N C?ۆ??Lpn vg qO x?U VeG E??ƍP ft?l?d BjSc ri?M??2c t1ʯ e?h?T?d P"T gI??r Ũũ?I I m?V _ˀ?yf C2 y0 SM t?ip s?W)w f?N Z?a t?k в?F T??ǂ zW DS?7 D??X S?L DMFe co2pX vUx??1 KS??,?rHƔ 5?Dj I?H?h??MY??Q m??s _kb?6i a a tXX?D RvP?T5?D Tu?g??k?"?yJ K?/N?b ϣyni?L?c KO G:?ʕ?վ2p?4Sn i Fj U4 sĕȭ r?z5i4 TB.Q??Zs XA x?I J?y?N L:n A The Counter-Plaintiff has not Requested this Court Rule on Fifth Amendment Privilege and this Courts Second Discovery Order is in Conflict with the First Discovery Order The Counter-Defendant argues that the Counter-Plaintiff has not objected to the Counter Defendants assertion of Fifth Amendment privilege and as a result this Court should not require a privilege log substantiating the Counter-Defendants assertion of Fifth Amendment privilege The Counter-Defendant also argues that this Courts First Discovery Order which did not require the Counter-Defendant to create a privilege log for any document he asserted was protected under the Fifth Amendment conflicts with this Courts Second Discovery Order which required the Counter Defendant to file a privilege log with the Court for an in camera inspection that substantiated all assertions of privilege As discussed in the Second Discovery Order the Counter-Plaintiff has objected to the Counter-Defendants assertion of non-constitutional privileges in his Response to Epsteins Objections to Edwards Request for Production and Net Worth Interrogatories filed on April Further the Counter-Plaintiff has requested that this Court rule on all of the Counter Defendant asserted non-constitutional privileges through a motion filed on April The Counter-Defendant has asserted that he cannot provide a privilege log to substantiate his non constitutional assertion of privileges because the identification of documents ne1.;essary for substantiation would violate his Fifth Amendment privilege against self-incrimination Therefore the Counter-Plaintiff has requested and thi Court has ordered that the Countcr Dcfrndant prov idc a privtlege log to the Court for an in camera inspection so that this Court can rule on the Counter Defendant assertion of non constitutional privi legcs This Courts Second Discovery Order was Confusing with Respect to Interrogatories While this Courts Second Discovery Order contained a brief analysis of the law applicable to the Counter-Defendant interrogatory objections which was substantially related to the law relevant to the Counter-Defendants other objections the Second Discovery Order contained no rulings as to interrogatories This Court will rule on the non constitutional assertions of privilege by the Counter-Defendant with respect to interrogatories after conducting an in camera review This Courts Second Discovery Order Requiring the Production of a Privilege Log wiJI Cause the Counter-Defendant to Waive his Fifth Amendment Privilege Against Self Incrim ination Although the Counter-Defendant argues that this Courts Second Discovery Order will cause he Counter-Defendant to waive his Fifth Amendment privilege against self-incrimination the Counter-Defendant fails to cite any authority that holds a court-ordered in camera review causes an individual to waive Fifth Amendment privilege ln his motion the Counter-Defendant also fails to address any of the authority cited in the Second Discovery Order that asserts an in camera review does not cause an individual to waive Fifth Amendment rightst including The court ordered in camera review will prevent any privileged materials from disdosurc to the State lhe review process will also preserve the respondent"s Fiflh Amendment rights of due process and protection against self..incrimination Bailey Stmet So 3d Fla 3d DCA It is the duty of this court to ensure that Fifth Amendment protections are held inviolate We therefore must quash the order and direct the trial court to conduct an in camera inspection to prevent any violation of the privilege Calwn Capiral Jank So 2d Fla 3d DCA Where a claim of privilege is asserted the trial court should hold an in camera inspection to review the discovery requested and determine whether assertion of the privilege is valid Austin Barnett Bank So 2d Fla 4th DCA considering an order to compel in the context of the Florida Rules of Civil Procedure The witness is not exonerated from answering merely because he declares that in so doing he would incriminate himself his say-so does not of itself establish the hazard of incrimination It is for the court to say whether his silence is justified Hoffman United Stahs I U.S Instead of addressing the abl Ve-reforcnced case law in this Courts Second Disi.:overy Order the Counter-Defendant cites to a variety of trial court cases that found as a matter of case-specific MY"??Ɉ yl 0珄 3Ɨ P:?b Ŷ?ظ?b Ȕ?Q EXE a BU4ߥ?H6 I ؽ-zM?L G?y Nlߥ2 g?Mz צ!Z VlkH60 ExEP r??Ԃߢ P?e??ѵ?G Jb r??H x?D jO L??G S?i B?0ꪖ?E B?grv?:/p a 1e D?hJ?ڷ y?9H I s??E r?m ɪ5 I??Y B?m?P t??T?vܣ _V jO7t YKKD cB?g.?.R 09hv sА?!Vϓ dڤ??қ VN Ps7?F?WZ e??W?!ƼY?b?XP iM ǥ??n MX Hw kw 4T 1I L4?sc u?Lt?1 L??o 1?R?簓H a peXLZ7 c?Y i uc M?K?AOJ?k bP R?O?U F?ig?doZG??J8?g HTK?G??ni _?IRڽ S?Py 5kt??t?V?df ڪ??Q OhP?q?r A ms??E?KGv i?w eGאC T?e gBvb??/?u 3W Zd?u q?l_?yE6HH 0W?O AE?quZ??c?cB k?:oUU q?V?Vf tF?gi i sY G9 tD?U??F kF rf䒋?s uq??tz?Gs P?Ϗ GV Ԭ?IРH d2?Cpd SRw?Y a IH oD?V 1Z Gd S?P??x y?ц I T?Xk _c I p0Tճ k-l JT z?b T?1IC E6 B??rxM3X I?r 7d so Rs LT?A g;z?j c?C NUQD VI-?ن??uE?ӄ a x谶 v?S dY JU?29"C??nХE J?K 2jK Sˮ!?w 4ܯz c;?N i?v ó?1?B䝑 ez??k ZL5he.?Pۥ?D PHL I??F e-I й?p n!?ݟ M?!I g?D 2N r?F D?P ʊ/N L?)q v?M?!b DGA-6 KWw u?Y?3?xqȨxE 홡4 h?g?zG 焒G A YO Ykd Qko i q?n?A Ԯa?ū I ǍX O?C EPI F?B?A ȳ?d?P f?A x?s ӧn??y HB vj 8?яȞf c?ݬ?w x?ol?J tp?h Y29?xa?J Pq C"?EL gyR6a VG??k?i D_?S v??bz 5?v?jSx Ԯ??W??x?II)o?e pR L?R ғ?ȏ E?kXQ j?f xcS愱T?9K ںHKsķ?L?J?i?E D??"VH?r Ng n?L _2 I9 Ȋ?P?Gy I?XC l?b Fr?V?8 Ca?Y yam?x??5 Qn4??q?o JxO?r?Æ g?Zl?ѐOiL xXakA A Ba 4?zQ iCg?F e?B I4?q Bc?g _o RV?W7aʈӽ7 j4 o2e gt?x Ost,??u?r?P te 攫U 8?Փr6xJ6?R?g F?FmL rè b?eB sK s?g?3v?Ƭ w?aä?.pu?p r4 uR?V??VF k?P q?i ݼS GE M??Aϔ?z?h mH?W SE?T 5j ou(۵ ʙ8 b?HΒ-?q?ޔ?E qQ?j??J RR y8 Sk?ݤ?Nә ZB?Z fk vz l??q i??Ԑ D?F 0T IJ3?A aV ʃO??J?Ui fact that Fifth Amendment objections to the production of documents were valid This Court has not ruled on the Counter-Defendants Fifth Amendment objections The purpose of this Courts Second Discovery Order was to obtain the necessary information in camera so this Court can rule Because the Counter-Plaintiff has expressly limited his own objections to the Counter-Defendants assertion of non constitutional claims of privilege this Court will not rule on the Counter-Defendants assertion of Fifth Amendment privilege even though many of the requested documents appear to belong to corporations which do not possess Fifth Amendment rights Accordingly it is hereby ORDERED and ADJUDGED that the Counter-Defendants Motion for arification/Reconsi leration of this Courts Order Dated May is DENIED This Court will proceed with the in camera review as previously delineated under the Second Discovery Order and will rule upon all of the CounterwDefendant asserted nonMconstitutional claims of privileges both for interrogatories and document production after the in cam Copies furnished to See attached service list DAVID CROW CIRCUIT JUDGE SERVICE LISf CASE NO Jack Scarola Esq Searcy Denney Scarola et aL Palm Beach Lakes Blvd West Palm Beach FL Jack Goldberger Esq Atterbury Goldberger Weiss PA Australian Ave South Suite West Palm Beach FL Marc Nurik Esq East Broward Blvd Suite Fort Lauderdale FL Bradley Edwards Esq Farmer Jaffe Weissing Edwards Fistos Lehrman Andrews A venue Suite Fort Lauderdale Florida Fred Haddad Esq Financial Plaza Suite Fort Lauderdale FL Tonja Haddad Coleman Esq Tonja Haddad P.A S.E Street Suite Fort Lauderdale Florida JEFFREY EPSTEIN Plaintiff vs SCOTT ROTHSTEIN individually and BRADLEY EDWARDS individually Defendants I IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO JUDGE CROW PLAINTIFF/COUNTER-DEFENDANT EPSTEINS AMENDED RESPONSES TO If you own or have any beneficial interest in any stocks bonds mutual funds or other securities of any class in any government governmental organization company firm or corporation whether foreign or domestic please state a The name and address of the entity in which you own or have any beneficial property or security interest of any sort The date and cost of acquisition The current fair market value of each such interest The manner in which such value was calculated Answer Objection This Interrogatory requires the provision of detailed financial information which communicates statements of fact Fisher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution As to each income tax return filed by you or on your behalf with any taxing authority for the years through identify as specifically as identified in your tax return the source of all reported income and the separate amounts derived from each source Answer Objection This Interrogatory requires the prov1s1on of detailed financial information which commW1icates statements of fact Ftsher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution For each parcel of real property in which you hold any interest state a The address The legal description of the property The assessed value of the property for tax purposes The date and price of acquisition Whether when by whom why and at what amount the property has been appraised since the time of purchase Whether when and at what price the property has been offered for sale since the time of purchase The name and address of each real estate agent with whom the property has been listed for sale since the time of purchase The cost of any improvements made to the property since purchase The nature of your interest in the property The current fair market value of the property and a description of the manner in which that value was calculated Answer Objection This Interrogatory requires the provision of detailed financial information which communicates statements of fact Fisher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution List each item and state the estimated value of all personal tangible and intangible property in which you have an interest which personal property was acquired at a cost in excess of or which personal property has an estimated present value in cxcc:ss of and as to each state a The date of acquisition The cost of acquisition The current estimated fair market value The manner in which the fair market value was estimated Answer Objection This Interrogatory requires the provision of detailed financial information which communicates statements of fact Fisher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution If any of the real or personal property owned by you either individually jointly or otherwise is encumbered by a real estate mortgage chattel mortgage or any other type of lien then for each property state a description of the nature and amount of the encumbrance the date the encumbrance arose whether the encumbrance is evidenced by any written document and if so a description of that document Answer Objection This Interrogatory requires the provision of detailed financial information which communicates statements of fact Fisher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution If you have an ownership interest in any businesses for each business state a The name and address of the business The present book value and the present market value of your interest in the business and its percentage of the total value of the business A description of the manner in which the fair market value was calculated Answer Objection This Interrogatory requires the provision of detailed financial information which communicates statements of fact Fisher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution Identify all banks credit union and savings and loan accounts in which you have an interest or right of withdrawal and for each account state a Where the account is located The highest and lowest balance in the account during the day period immediately preceding your receipt of these interrogatories Answer Objection This Interrogatory requires the provision of detailed financial information which communicates statements of fact Fisher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my fmancial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution Identify all other assets of a value in access of which assets were not previously identified and as to each state a The date of acquisition The cost of acquisition The current estimated fair market value The means utilized to estimate the current fair market value Answer Objection This Interrogatory requires the provision of detailed financial information which communicates statements of fact Fisher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution Identify all other liabilities of an wnount in excess of not previously identified and as to each state a The date the liability arise The amount of the liability at inception The terms of repayment or satisfaction The current outstanding balance Answer Objection This Interrogatory requires the provision of detailed financial infonnation which communicates statements of fact Fisher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution As to any calculation or estimate of your net worth at any time in the five years immediately preceding your receipt of these interrogatories state a The date of the calculation or estimate The name and address of the person or entity responsible for performing the work The reason for perfomring the calculation or estimate The amount of net worth calculated or estimated Answer Objection This Interrogatory requires the provision of detailed financial infonnation which communicates statements of fact Fisher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution What is your present net worth Answer I have already indicated my willingness to stipulate to a net worth in excess of one hundred million dollars As to all transfers of anything of a value in excess of made by you or on your behalf within the past years state a A description of the transferred property The reason for the transfer The value of the item transferred at the time of transfer The date and cost of your acquisition of the item Whether you received anything of value in exchange for the transferred item and if so a description of what you received and the dollar value of what you received The name and address of the recipient of each transferred item Answer Objection This Interrogatory requires the prov1s10n of detailed fmancial information which communicates statements of fact Fisher United States U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution THIS PORTION INTENTIONALLY LEFT BLANK JEFFREY EPSTEIN Plaintiff vs SCOTT ROTHSTEIN individually and BRADLEY EDWARDS individually Defendants I IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO JUDGE CROW PLAINTIFF/COUNTER DEFEND ANT EPSTEINS AMENDED RESPONSES TO DEFENDANT/COUNTER-PLAINTIFF BRADLEY EDW ARDSS REQUEST FOR PRODUCTION TO COUNTER-DEFENDANT PUNITIVE DAMAGES Plaintiff/Counter-Defendant Jeffrey Epstein Epstein by and through his undersigned counsel and pursuant to Rule of the Florida Rules of Civil Procedure hereby files this amended response to Defendant/Counter-Plaintiff Bradley Edwards Request for Production to Counter-Defendant Punitive Damages and answers as follows Please produce all Financial Statements prepared for or submitted to any Lender or Investor for the past five years by you personally or on your behalf or on behalf of any entity in which you hold a controlling interest ANSWER Objection This Request for Production requires the identification of the existence of detailed financial infonnation which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution Please produce the W-2s and any other documents reflecting any income including salary bonuses profit distributions and any other form of income including all gross and net revenue received by you directly or indirectly for the past five years ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher I United States U.S The act of production itself may implicitly commWlicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution All tax returns filed with any trucing entity during the past five years by you or on your behalf or on behalf of any entity in which you hold or held a controlling interest at the time of filing ANSWER Copies of my personal Individual Income Tax Returns on Form for the years and were provided with our prior response All bank statements or other financial statements which were prepared by or received by you or on your behalf or by or on behalf of any entity in which you had an ownership interest of or more at any time during the past five years ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See lloffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution All financial statements which were prepared by you or on your behalf or by or on behalf of any entity in which you held an ownership interest of or more at any time during the past five years ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution The deeds and titles to all real property owned by you or held on your behalf either directly or indirectly at any time during the past five years ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution All passbooks with respect to savings accounts checking accounts and savings and loan association share accounts owned by you or on which you hold a right or have a held a right to withdraw funds at any time during the past five years ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution All passbooks with respect to all savings accounts checking accounts and savings loan association share accounts owned by you in whole or in part jointly as co-partner or joint venture in any business enterprise or owned by an entity in which you have or have had a controlling interest at any time during the past years ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution The most recent bank ledger sheets in your possession or accessible by you on the internet with respect to all bank accounts in which you have a right to withdraw funds ANSWER Objection This Request for Production requires the identification of the existence of detailed financial infonnation which communicates statements of fact Fisher United States U.S The act of production itselr may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution The most recent bank ledger sheets in your possessio or accessible by you on the internet with respect to all bank accounts owned by you solely or jointly as co-partner or joint venture in any business enterprise or owned by any entity to whic you have a controlling interest ANSWER Objection 1bis Request for Production requires the identi cation of the existence of detailed financial information which communicates statements fact Fisher United States U.S The act of production itself ay implicitly communicate statements of fact that are testimonial in nature United Sta Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffinan United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution All checkbooks for all accounts on which you were authorized to withdraw funds in the past five years ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S 1lhe act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution All corporate securities stocks or bonds owned by yo directly or indirectly ANSWER This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my fmancial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution The latest available balance sheets and other financial statements with respect to any and all business enterprises of whatever nature in which you possess any ownership interest of or more whether as partner joint venture stockholder or otherwise ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution Your accounts receivable ledger or other company records which sets forth the names and addresses of all persons or business enterprises that are indebted to you and the amounts and tenns of such indebtedness ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution Copies of the partnership or corporate Income Tax Returns for any partnership or corporation in which you do possess or have possessed any ownership interest of or more whether as partner joint venture stockholder or otherwise for the last five years ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution The title certificates registration certificates bills of sale and other evidences of ownership possessed by you or held for your beneficial interest with respect to any of the following described property owned by you or held directly or indirectly for your beneficial interest a Motor vehicles of any type Commercial business or construction equipment of any type and Boats launches cruisers planes or other vessels of any type ANSWER Objection This Request for Production requires the identification of the existence of detailed financial infonnation which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution All records pertaining to the transfer of any money or property interests or financial interests made by you in the past years ANSWER Objection This Request for Production requires the identification of the existence of detailed financial infonnation which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution Any and all memoranda and/or bills evidencing the amount and terms of all of your current debts and obligations ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itselr may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidenceH that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution All records indicating any and all income and benefits received by you from any and all sources for the past years ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S lhe act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution Copies of any and all brokerage account statements or securities owned by you individually jointly with any person or entity or as trustee guardian or custodian for the past years including in such records date of purchase and amowtts paid for such securities and certificates of any such securities ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fiftht Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution All records pertaining to the acquisition transfer and sale of all securities by you or on your behalf for the past years such records to include any and all infonnation relative to gains or losses realized from transactions involving such securities ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution All policies of insurance in which you or any entity controlled by you is the owner or beneficiary ANSWER Objection This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact Fisher United States U.S 225HThe act of production itself may implicitly communicate statements of factt that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution Copies of any and all trust agreements in which you are the settlor or beneficiary together with such documents necessary and sufficient to identify the nature and current value of the trust res ANSWER Objection This Request for Production requires the identification of the existence of detailed financial infonnation which communicates statements of fact Fisher United States U.S The act of production itself may implicitly communicate statements of fact that are testimonial in nature United States Hubbell U.S I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence that could be used to prosecute me in future criminal proceedings See Hoffman United States U.S cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon all parties listed below via Electronic Service this July Isl Tonja Haddad Coleman Tonja Haddad Coleman Esq Fla Bar No LAW OFFICES OF TONJA HADDAD PA SE 1h Street Suite Fort Lauderdale Florida facsimile Tonja tonjahaddad.com Jack Scarola Esq Searcy Denney Scarola et al Palm Beach Lakes Blvd West Palm Beach FL JSX SearcyLaw.com MEP Searcylaw.com Jack Goldberger Esq Electronic Service List Atterbury Goldberger Weiss PA Australian Ave South Suite West Palm Beach FL jgoldberger agwpa.com Marc Nurik Esq East Broward Blvd Suite Fort Lauderdale FL marc nuriklaw.com Bradley Edwards Esq Farmer Jaffe Weissing Edwards Fistos Lehrman Andrews Avenue Suite Fort Lauderdale Florida staff.efile pathtojustice.com Fred Haddad Esq Financial Plaza Suite Fort Lauderdale FL Dee FredHaddadLaw.com hrg091613epstein.txt IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO JEFFREY EPSTEIN Plaintiff vs SCOTT ROTHSTEIN individually BRADLEY EDWARDS individually and L.M individually Defendants HEARING HELD BEFORE THE HONORABLE DAVID CROW Monday September p.m p.m North Dixie Highway west Palm Beach FL Reported By Pamela Pittman Gunn FPR Notary Public State of Florida APPEARANCES On behalf of the Plaintiff Page hrg091613epstein.txt TONJA HADDAD COLEMAN ESQ TONJA HADDAD P.A SE 7th street suite Fort Lauderdale FL Phone tonja tonjahadaddad.com on behalf of the Defendant Bradley Edwards JACK SCAROLA ESQ SEARCY DENNEY SCAROLA BARNHART SHIPLEY P.A Palm Beach Lakes Blvd west Palm Beach FL Phone jsx searcylaw.com I Hearing taken before Pamela Pittman Gunn court Reporter and Notary Public in and for the State of Florida at Large in the above cause Page hrg091613epstein.txt THE COURT okay this is the Epstein versus Rothstein case Its the plaintiff excuse me counter plaintiffs motion to determine entitlement to adverse inferences and also prohibit the induction of evidence I read the response I read the motion and response Counsel just hand delivered something to me today that evidentially I have never seen before It was a supplemental memorandum I received MS COLEMAN Your Honor Mr Scarola filed it at this morning I havent had a chance to review it I was in court on another matter I havent reviewed it either THE COURT Let me ask a question before we begin so I get my perspective back again I entered an order some time ago in this case and I guess dealing with some of the privileged objections Do yall recall that MS COLEMAN Yes THE COURT And I think I asked for some kind of privilege log Is there anything Im supposed be doing or is that on appeal MR SCAROLA I believe there are outstanding privileges as you said Your Honor that is still not yet determined THE COURT okay because I didnt know that thought was waiting for something from you guys MR SCAROLA I dont think so Page hrg091613epstein.txt THE COURT Im going to have to have a status conference and figure everything because I went back and looked at it and somethings wrong okay Good enough MR SCAROLA TO put that in context Your Honor THE COURT what is that maam MS COLEMAN Im sorry THE COURT what did you say MS COLEMAN Nothing Judge I was speaking I was just coming up to be part of it THE COURT Go ahead MR SCAROLA Your Honor may recall that there have been multiple privileges asserted with regard to a variety of issues And we have over the course of these proceedings been attempting to narrow valid privileged assertions and distinguish them from invalid privileged assertions That primarily means that while we have acknowledged that Mr Epstein has a valid Fifth Amendment privilege because he does clearly remain in jeopardy with regard to the underlying criminal activity that resulted in both a state prosecution and a Federal non-prosecution agreement we believe that other privileges were invalid And the practical implications of Page hrg091613epstein.txt making that distinction are that we cannot draw an adverse inference from the assertion of for example an attorney/client privilege But we are under the case law clearly permitted to draw an adverse inference from the assertion of the Fifth Amendment the right to remain silent so we need to eliminate the invalid assertion assertions of privilege from our perspective Leave in place the valid assertion of privilege which then permits us to draw an adverse from the valid assertions of privilege Your Honor has under consideration some of those challenged privileged assertions Thats by way of an answer to Your Honors question It doesnt have anything to do with todays motion Because todays motion relates only to those circumstances where the only privilege asserted by Mr Epstein is a Fifth Amendment privilege his right to remain silent pursuant to the Fifth sixth and Fourteenth Amendments of the us Constitution that have been repeatedly asserted by him throughout the discovery in this case and in response to request to production and in response to interrogatories And dozens and dozens and dozens of times in response to questions posed during the course of his deposition What we are seeking today by way of what Page hrg091613epstein.txt really is a motion in limine is in fact a determination that where the only privilege asserted by Mr Epstein is the only valid privilege asserted by Mr Epstein is a Fifth Amendment privilege assertion That we are entitled to a jury instruction that will inform the jury that the assertion of that privilege allows them to draw an adverse inference That is that had an answer been given those answers would be unfavorable to Mr Epstein we have not laid out the precise wording of that jury instruction and if thats necessary at this point But we are simply looking for a confirmation of that basic principal The second part of this motion is that as to those matters as to which Mr Epstein has over the course of four years that almost four years that this case has been prosecuted consistently asserted a Fifth Amendment privilege He is not going to be able to get up there during the course of trial and change his position and suddenly begin testifying about matters in which he has consistently refused to provide information in pretrial discovery so those are two parts Thats what were asking for we dont want to be surprised by Mr Epstein coming and attempting to take the witness stand and to give testimony that he has Page hrg091613epstein.txt consistently withheld THE COURT Is this matter set for trial MR SCAROLA We are set for trial yes sir were getting to the point now where THE COURT When is it set MS COLEMAN were on calendar call Judge October for the trial commencing October 28th THE COURT Yeah that sounds right Okay MR SCAROLA Now the principal response that we have gotten to this motion is that the Baxter phonetics case which we have cited in support of our position is a case that arose in a context where an individual took the witness stand and asserted his Fifth Amendment privilege in the presence of the jury And the contention in the counter-defendants response is we would be required to call Mr Epstein to the witness stand He would be obliged to assert his Fifth Amendment privilege in the presence of the jury before we would be entitled to any adverse implication instruction That simply is wrong And its wrong because Rule a renders that distinction meaningless Rule a is the rule of civil procedure that talks about the use of depositions at trial And it Page hrg091613epstein.txt provides expressly that at trial a deposition may be used in this case against an opposing party as though the witness were then present and testified So we already have the basis upon which to draw the adverse inference It isnt necessary that either we or Mr Epstein call Mr Epstein to the witness stand and have him repeat what he has already consistently said and that is that he refuses to answer these questions so the distinction that they attempt to draw that this is procedurally premature because he has not yet taken the stand in front of the jury is rendered moot by virtue of Florida Rules of civil Procedure which requires that his deposition testimony be treated in the same manner as trial testimony would be Thats basically our position Your Honor THE COURT MS COLEMAN okay Yes Good afternoon Judge To address the issues with which Mr Scarola has discussed I would point out the following to the Court First this motion is premature at best for several reasons First of which is Mr Epstein is now set for deposition by counter plaintiff on October 21st and I presume will be asked further questions to which he may or may not assert the Fifth Amendment so to Page hrg091613epstein.txt preemptively presume that he will assert it or not assert it and make a ruling based on an adverse inference on something that hasnt yet happened is inapplicable Second Judge with respect to discovery that has gone on in this case over the past four years there are many many many questions sadly which are not spelled out in the bulk of this motion Questions that have been posed to Mr Epstein that irrefutably have absolutely nothing to do with this case All that is evident from everything that has been filed in this case that the parties the counter plaintiff would like to re-litigate the cases that were being prosecuted by him against Mr Epstein several years ago This is a simple abuse of process and malicious prosecution case Judge So with respect to the negative or adverse inference to which counter plaintiff may or may not be entitled this court needs to conduct a far more detailed analysis into those questions and answers other than the blanket assertion made by this motion Judge for example to be entitled to a negative inference the party seeking it must prove that the information cannot be benefited or received from obtaining Im sorry let me start that sentence over The inference may not be drawn unless theres a substantial need for the information and there is not another Page hrg091613epstein.txt less burdensome way of obtaining that information Thats the first step And I appreciate this is not fully this is like I received their memo this morning and I was under the misguided conception we were arguing the two cases he cited but I will lay this out for the court anyway since were here The court has discretion MR SCAROLA I dont mean to interrupt but thats all I have argued I have not argued the supplemental memo at all MS COLEMAN The rule to which he referred is not cited in his motion with respect to the use of the deposition But what this Court has to do before it can determine THE MS THE someone happens COURT Let me ask a basic question COLEMAN Yes you can COURT There is bunch of cases where has waived Fifth Amendment and it all the time in DUI cases and then in civil lawsuits Ive never had anybody ask me for an actual jury instruction like you do in a spoliation case what they do is they ask the question the person denies it or excuse me they take the Fifth Amendment And says werent you drunk on the night of the accident and they answer I refuse on the basis of incrimination Then they argue to the jury he admitted it and Page hrg091613epstein.txt MS COLEMAN Thats exactly my point Judge THE COURT Ive never seen a case where it says youre entitled to an actual instruction In the cases you cited the two cases cited at least I didnt see that in the case you cited Is there actually a case in Florida where if you take the Fifth Amendment youre entitled to an adverse inference instruction like a spoliation case where theres specific instruction approved by the Fourth District but that MS COLEMAN THE COURT MS COLEMAN Its his motion Judge I didnt see anything like NO I didnt see anything either but again my understanding is as I said all the cases to which counter plaintiff referred clearly states that the witness is available hes coming Hes listed on both witness lists Hes the defendant Hell be here Hell be testifying In every case that Ive read state and Federal indicates that it occurs at trial we dont know what questions are going to be asked we dont know whats going to happen THE COURT The jury can draw an adverse inference since nobody is pleading the Fifth Amendment and Page hrg091613epstein.txt MS COLEMAN Only if you base your findings on a particular set of information delineated For example should Mr Epstein Im hypothetically speaking take the stand and answer a question to which hes previously asserted the Fifth you can strike that answer And then and only then would the issue of the negative inference become applicable At this point we respectfully feel the plaintiff has the cart before the horse because were not at trial I dont think even Mr Scarola can determine what evidence is going to come out at trial Ive never seen a jury instruction drafted before discovery is even finished Hes taken Mr Epsteins deposition THE COURT only time I have ever done sorry to interrupt you Ive never given a written one in the context of the Fifth Amendment Its always been in the context of discovery violations or failure to comply with discovery requests or spoliation issues And then we drafted instructions under I cant remember the name of the case MS COLEMAN Its Rule THE COURT Actually a case where you approve a specific its not a presumption its an inference You give the presumption its irrelevant not to say stupid something like that Im not really sure what you want Page hrg091613epstein.txt me to rule to be honest with you MR SCAROLA There are two things I want you to rule Your Honor I want you first to rule that Mr Epstein will not be permitted to give testimony or to produce evidence that he himself has withheld as a consequence of his consistent assertion of the Fifth Amendment privilege during the course of the four years that this matter has been in pretrial discovery He should not be permitted after having refused to give that evidence in pretrial discovery to present that evidence at trial Thats part one Part two we should be entitled to an instruction after we publish Mr Epsteins deposition testimony to the jury in which he has refused to answer questions that his silence may be held against him Now I cant tell Your Honor that I have hand a Florida case that approves a specific form of instruction But the law is quite at clear that we are entitled to jury instructions that support our theory of the case And it is a proper statement of the law that a statement excuse me that an assertion of privilege in the context of a civil case may be used by the jury to draw an adverse inference inference against the person who refuses to Page hrg091613epstein.txt testify Now the common experiences of jurors who watch TV and read magazines and read books is that you may not hold an individuals right to remain silent against him Because jurors are generally educated about such matters in the context of criminal proceedings so to disabuse jurors who may believe that it is improper to hold an assertion of Fifth Amendment privilege against someone we should be entitled to an instruction that says what the law is And the law is that you may indeed hold the assertion of the right to remain silent in the context of a civil case against the person who is making that assertion There are very strong statements in support of that position in the cases that we have cited to Your Honor Including the United states supreme Court that has talked about the probative value of an assertion of a right to remain silent in the context of civil cases so it is on that basis that we are asking the court to do those two things Tell us right now that since Mr Epsteins refused to give evidence pretrial hes not going to be permitted to recede from that And secondly tell us that the jury will be informed of the basic legal principle that the assertion of the Page hrg091613epstein.txt right to remain silent in the context of a civil case can be used against the person asserting that right to remain silent THE COURT Okay you get the last word MS COLEMAN Thank you Judge I was unable to address section two or part two of Mr scarolas motion in which he asks that we be precluded at offering certain evidence at trial First Judge I would submit that we had filed weeks ago our trial exhibit list and witness list And if theres specific items contained on our exhibit list in which Mr Scarola takes issue he should bring it up at the proper time and object to it which were required to do pursuant to your court order If there is something listed on our exhibit list that violates what hes asking for thats the proper time to raise it Furthermore Judge your order specifically delineates I believe in paragraph that if we havent provided it to opposing counsel we cant use it Its that simple obviously if we tried to submit evidence that we have not provided to the plaintiff in this case we wouldnt be permitted to use it THE COURT So theres a difference under the Binger analysis Theres two different things there one I can certainly I dont have to do Binger analysis and the sanction I want to know what I havent done okay Page hrgO91613epstein.txt Because Ive evidentially missed something along the way Because I entered an order basically saying I required you to file privilege logs which identify each document what the privilege is to that document and so I can look at them and determine which ones more I have to look at dont recall Did I get that MS COLEMAN No what happened Judge what we did we amended our answers to THE COURT I must be losing my mind MS COLEMAN we amended our answers to all that discovery and only asserted the Fifth Amendment to those that we were asserting a privilege so there was no other privilege raised THE COURT What am I supposed to be ruling on MS COLEMAN Right now His motion THE COURT NO No thought again Im sorry guys Im confused I thought there was things out Mr Scarola said there are things outstanding MS COLEMAN But theres still our issue with the privilege log filed by Mr Edwards with respect to our discovery requests as well THE COURT Im talking about with regard to Mr Epstein rs there anything I need to rule on with him Page hrg091613epstein.txt MS COLEMAN NO MR SCAROLA That wasnt my understanding but quite frankly Your Honor I didnt specifically review that for purposes of responding to that question THE COURT Im sorry for interrupting you The only reason I did that is to prepare for todays hearing I looked at the file and one of the last things I did was that order I entered on where I determined that I will require you to file the detailed privileged log so I can determine based on Mr scarolas argument on the Fifth Amendment you cant get but the other stuff you know can be sanctionable I thought I was kind of waiting because I didnt hear anything Youre telling me there is not a privileged log out there or there is one that I need to rule on MS COLEMAN NO your order said that you needed to be able to rule on the other non-fifth amendment privilege which we raised Every other privilege we raised has now been withdrawn and all the discovery has been amended Anywhere we asserted a privilege we asserted the Fifth along with other privileges All the other privileges were taken out So its only the Fifth Amendment so theres nothing to review THE COURT some of the case law I read Federal court says even the Fifth Amendment Page hrg091613epstein.txt sometimes the court can look at in-camera to determine if its MS COLEMAN If you would like us to do THE COURT NO I never asked for in-camera inspection if I dont need to do one Im just asking what it is I need to do that I havent done in regards to the privilege log in regard to Mr Epstein were just dealing with this MR SCAROLA I will accept MS Colemans representation on the record that all of the discovery that has been withheld has been withheld solely on the basis of the Fifth Amendment privilege THE COURT Theres been a privilege log filed or not MS COLEMAN No Judge The answer its all net-worth discovery The discovery that was at issue is the net-worth discovery for the punitive damages THE COURT This is probably unfair to you guys Im asking questions because it concerns me if theres something out there Im supposed to be ruling on and I might have to do that Is there something pending on me that Im supposed to rule on MR SCAROLA Not if the only privilege thats being asserted is a Fifth Amendment Page privilege hrg091613epstein.txt Your Honor may recall that what you did talk about at the time of that last hearing was that some of the financial information that was requested was corporate financial information And you correctly observed a corporation has no Fifth Amendment privilege So I dont know Your Honor asks the rhetorical question I dont know how you can be asserting a Fifth Amendment privilege with regard to the corporate records THE COURT It has to be testimonial even if its an individual I remember that MR SCAROLA correct And those were the concerns that Your Honor expressed And it was my understanding that that shifted the burden back to the counter defendant to provide something else to Your Honor with regard to those matters But I will repeat if the position of the counter defendant is that everything that has been withheld in discovery has been withheld on the basis of the Fifth Amendment privilege Ill accept that representation THE COURT Im asking you I dont want to get MS COLEMAN That is not what I said Judge THE COURT Hang on Im going to set a Page hrg091613epstein.txt status conference You guys can talk about this see what the status of discovery is at What I need you to do is I need that fairly quickly Probably next week or so you all are coming up on trial here And see what I need to get done before you all walk into the courtroom You said theres also stuff and so are you waiting for me to rule on MS COLEMAN Judge you were taking it was quite a while back That we had a motion with respect to the privileged log filed by Mr Edwards first from inaudible then from Farmer Jaffe There is some documents that were alleged by them to be confidential just communications such as communication with the press and the government that have not yet been ruled on The hearing was supposed to be continued THE COURT I dont recall I have nothing in here at least that I know that hasnt been ruled on MS COLEMAN Ill refile the motion Judge THE COURT or reschedule it or whatever I dont have any in-camera that I havent done so far MS COLEMAN If youre not making a ruling right now on this motion we would like to be afforded the opportunity to respond to Page hrg091613epstein.txt the thirteen-page memorandum that Barnhart Scarola provided a couple of hours ago THE COURT HOW quickly can you respond MS COLEMAN Judge the hearing was set he set this hearing on July 17th and it was given to me today A week THE COURT You think you can do it a little early can you have it by Friday MS COLEMAN No Judge I have to be in Tavernier and Marathon on Thursday and Friday THE COURT Do you know who would love to be in the Keys MS COLEMAN Not on this case Judge Im back here at tomorrow morning in front of you again on this case THE COURT You know Im joking I apologize guys MS COLEMAN Its unfair for a five-day requirement MR SCAROLA I have no problem MS COLEMAN Five day THE COURT Next week How about next Monday next Tuesday MS COLEMAN Next Tuesday would be good THE COURT Next Tuesday by p.m Tell you what I want you to do to make it easy call my JA or have someone call my JA and get an address You can e-mail maybe emailing it to me and the same to Mr Scarola so I get it on Tuesday can you do that Page hrg091613epstein.txt MS COLEMAN Yes MR SCAROLA will it be necessary for me to resubmit what I hand delivered THE COURT No Ill take what I got and wait for her okay Ill get an order out as soon as I receive a response MR SCAROLA Thank you very much THE COURT I want you guys to sit down and talk about what you need to do Im going to schedule a conference to see what needs to be done I got an easy feeling that things need to be done before this October Thank you The hearing was concluded at p.m I I A STATE OF FLORIDA COUNTY OF PALM BEACH I Pamela Pittman Gunn court Reporter State of Florida at large certify that I was authorized to and did stenographically report the foregoing hearing pages proceedings were held on September and that the transcript is a true and complete record of my transcription Dated this 23rd day of October Page hrg091613epstein.txt Pamela Pittman Gunn court Reporter Page
