Court filing, 2020

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida.¶

CASE NO.: 2019-CA-014681 DIVISION: AG¶

A. AMENDED MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT DAVE ARONBERG’S AMENDED MOTI ’ FOR ATTORNEYS’ FEES 7¶

j Defendant, DAVE ARONBERG, as \e tt ey of Palm Beach County, Florida, (the “State Attorney”), by and through co I w, hereby submits the following Amended Memorandum of Law in Support ded Motion for Attorneys’ Fees, as follows:¶

cos¶

E,,,,y L NE & BACKGROUND¶

• 1. On Nove 2019, Plaintiff filed a Complaint against the State Attorney and Clerk seeking to rivate right of action under Fla. Stat. § 905.27, in the interest of “furthering to compel disclosure of the testimony, minutes, and other evidence presented in 20 alm Beach County grand jury, as to Jeffrey Epstein, (the “Requested Materials”). [DelExA-1).
• 2. On November 26, 2019, the State Attorney and his office received an engagement letter and attorney-client contract from the undersigned, which was later executed. [Def.ExA-2].

3. On December 6, 2019, the State Attorney filed his Motion to Dismiss, which put Plaintiff on notice that “Defendant Aronberg is not in custody or control of the [Requested Materials] and is therefore not a proper parry to this action.” [Def.Ex.A-3].

4. On January 17, 2020, Plaintiff filed its First Amended Complaint, which in addition to its original claim under § 905.27 Fla. Stat., (“Count 11”), added a claim for Declaratory Relief, (“Count 1”), that sought an order declaring that the State Attorney and the lC efla close and release the Requested Materials. [Def.Ex.A-4].

5. On January 24, 2020, the State Attorney filed an An Amended Complaint and a Motion to Dismiss Count 11, which 0 unt I of the First ed Plaintiff that:

[DelExA-5, p. 12].¶

6. On June 3, 2020, e t Marx held a hearing on the State Attorney’s and Clerk’s Motions to Dismiss Co ef.ExA-6].

7. On June 0 the Court entered its Order Granting Defendants’ Motions to Dismiss Count 11 lainti s First Amended Complaint with Prejudice, leaving only Plaintiff’s Count 1 seek’ aratory relief. [Def.Ex.A-7].

+Immediately thereafter, Plaintiff was served with a demand, pursuant to § 57.105 Fla. Stat., to voluntarily dismiss/withdraw the First Amended Complaint and the claims against the State Attorney, along with a Motion for Attorneys’ Fees (”§ 57.105 Demand”). [Def.Ex.A-8].¶

Defendant Aronberg and the Office of the State A the Fifteenth Judicial Circuit are not in custody or control of the r t herein, and therefore Defendant Aronberg is not a proper party so . In fact, Defendant, Sharon R. Bock, as Clerk and Comptroller of Pa ch ounry, Florida, admits that it is the custodian in possession of the (d s e at are the subject of this action.¶

9. In serving his § 57.105 Demand, the State Attorney properly put Plaintiff on notice that he would seek sanctions by filing the § 57.105 Motion for Attorneys’ Fees if Plaintiff failed to dismiss the remainder of the First Amended Complaint within 21 days.

10. On June 23, 2020, Plaintiff’s counsel sent a response to the § 57.105 Demand refusing to withdraw the remainder of the First Amended Complaint. [Def.ExA-9].

11. After receiving Plaintiff’s response and waiting the requisite “21 dafifter service of the motion,” the State Attorney’s § 57.105 Motion for Attorneys’ Fees with the Court on July 1, 2020, (“First Motion for Attorneys’ Fees”). [Def.Ex.A-10

12. On August 18, 2020, the State Attorney filed hijS 4 tio or Summary Judgment, [DelExA-11], which includes an Affidavit made by the ey. [DelEx.A-12].

13. On October 21, 2020, Plaintiff fl 8ilik ti of Dropping the State Attorney, pursuant to Rule 1.250(b), Fla.R.Civ.P. [Def. .

14. On November 9, 2020, th to A mey filed his Amended Motion for Attorneys’ Fees, (“Amended Motion”), pursu t .105, Fla. Stat., seeking attorneys’ fees in the amount of $19,975.00, plus a multiplie f 2. f.ExA-141.

I. LEGAL STAND¶

As follow, orida tatutes § 57.105(1) authorizes awards of attorneys’ fees as sanctions:¶

• (1) the court’s initiative or motion of any party, the coun shall award a reke attorney’s fee, including prejudgment interest, to be paid to the g party in equal amounts by the losing party and the losing party’s attorney on y claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing parry’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:
  • (a) Was not supported by the material facts necessary to establish the claim or defense; or
  • (b) Would not be supported by the application of then-existing law to those material facts.

“Section 57.105 does not require a finding of frivolousness to justify sanctions, but only a finding that the claim lacked a basis in fact or law” and “does not require a party to show complete absence of a justiciable issue of fact or law.” County Conservation Alliance v. County, 73 So. 3d 856, 865 (Fla. 1st DCA 2011) (finding that “Courts are not at liberty to disregard the legislative mandate that courts shall impose sanctions in cases without foundation in material fact or law. The word “shall” in § 57.105, Fla. Stat., evidences the legislative intt impose a mandatory penalty to discourage baseless claims, by placing a price tag n losing parties who engage in these activities. Section 57.105 expressly states courts “sh ttoniey’s fees for bringing, or failing to dismiss, baseless claims or defenses.”).¶

In determining an award of sanctions under § 57 t c)t al court’s findings “must be based on substantial competent evidence” and the it . itc ct ust make an inquiry into what the losing party knew or should have known due’ c itesp. ” -establishment process, both before and after the suit was filed.” See Trust Mort LC erlanti, 193 So. 3d 997 (Fla. 4th DCA 2016).¶

II. THE STATE ATTORNE OF THE 21-DAY SAF WAS THE AMENDE DED MOTION IS NEITHER IN VIOLATION R PROVISION IN FLA. STAT. § 57.105(4), NOR ON MOOT UPON FILING.¶

“Section 57.105( TOn ‘da Statutes creates an opportunity to avoid the sanction of attorney’s fees by ‘ng safe period for withdrawal or amendment of meritless allegations and claims.” Day ilynson, 268 So. 3d 762, 769 (Fla. 4th DCA 2019). Specifically, the relevant portio tatute states:¶

A motion by a party seeking sanctions under this section must be served but may not be filed with or presented to the court unless, within 21 days after service of the motion, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.¶

Fla. Stat. § 57.105(4). Likewise, “[t]he primary purpose of the safe harbor provision of § 57.105(4), Fla. Stat., is to provide the recipient of a motion for an award of costs and attorney’s¶

fees with notice and the opportunity to withdraw or abandon a frivolous claim before sanctions are sought.” MC Liberty Express, Inc. v. All Points Servs., 252 So. 3d 397, 404 (Fla. 3d DCA 2018).¶

Here, Plaintiff contends that the State Attorney “did not serve his Amended Motion at any time before filing it, and thus failed to comply with the 21-day notice provision…” [See, Plaintiff’s Memorandum of Law in Response to Amended Motion for Attorneys’ Fees, p.6.]. Plaintiff claims that for this reason the Amended Motion should be denied and cites in support, L Kame By Design, LLC, 120 So. 3d 73, 75 (Fla. 4th DCA 2013) (holding that “if a p a subsequent or amended motion for sanctions under section 57.105 and raises an at was not raised in the original motion for section 57.105 sanctions, the sub t on must independently comply with the twenty-one-day ‘safe harbor’ provision 7.105(4).”).¶

The instant case is distinguishable from La S . itin o, because the case was still active when the plaintiff’s amended motion for att Ps’ , was filed and was not served on the defendant in compliance with the 21-da e h or provision before it was filed with the court, pursuant to § 57.105, the defends to notice and an opportunity to change its position and withdraw its offending mo re being subject to sanctions.¶

Here, despite Pla ecision to drop the State Attorney as a party, the Florida Rules of Civil Procedure he co of Florida are clean Because Rule 1.250 specifies that a party is dropped “in i ner provided for voluntary dismissal in Rule 1.420(aX1),” dropping a party theref ales as an adjudication on the merits.” See, Siboni v. M, 52 So. 3d 779. 781 (Fla. 5th DCA 2010); Rule 1.420(a)(1) Fla. R. Civ. P. Notably, Plaintiff admits that “the entire¶

Notably, the court in Lego v. Kame By Design, LLC, 120 So. 3d 73, 75 (Fla. 4th DCA 2013), despite finding that the plaintiff’s amended motion for attorneys’ fees was improper, the trial court was instructed to rule as to the plaintiff’s original motion for attorneys’ fees as it was properly served and filed pursuant to § 57.105, Fla. Stat.¶

action, which necessarily included Count I [of the First Amended Complaint], was dismissed as to [the State Attorney] on October 21, 2020. [See, Plaintiff’s Memorandum of Law in Response to Amended Motion for Attorneys’ Fees, p.7.]. Nonetheless, as a result of dropping the State Attorney from the case, Plaintiff not only effectively made an admission that its allegations against the State Attorney have no basis in fact or law, but also concluded the case as to the State Attorney and thereby became the losing party in this action.¶

Consequently, unlike the fact scenario and timeline in Lago, .ebec r) concluded the instant litigation by dropping the State Attorney from the act’ n the filing of the Amended Motion, it was impossible to give Plaintiff an oppo Ac ts , ’ to pond and withdraw its Count 1 of the First Amended Complaint since Plaintiff It r done so, thus there can be no violation of the 21-day safe harbor provision set “S “h Ss, ot Stat. § 57.105(4). Based on the foregoing, the State Attorney’s Amended Mot’ ilw in violate the 21-day safe harbor provision because Plaintiff dropped him from th ‘on ‘or to the filing of the Amended Motion, and therefore Plaintiff was not prejudi b e ing of the Amended Motion. Accordingly, as further set forth below, Plaintiff has e ifseIf to § 57.105 attorneys’ fees as sanctions for failing to drop the State Attorney within the 21-day safe harbor period.¶

Addition nothing improper about the First Motion for Attorneys’ Fees or the Amended M d no argument or authority has been offered by Plaintiff that would make the Amen n moot. In fact, amended motions for attorneys’ fees are filed consistently as a matter of course to include the entirety of fees in a lawsuit. Here, the State Attorney’s total legal fees were able to be calculated and submitted at the time of filing the Amended Motion.¶

Finally, despite Plaintiff’s assertion that “[a] motion for sanctions must be supported by the record evidence at the time it is filed” [and] “[b]ecause the First Motion was not so supported, it fails under the [Sitatute, Plaintiff has failed to provide any supporting authority and there is no statutory requirement or language in § 57.105 that supporting record evidence must exist to properly serve a § 57.105 demand and motion for attorneys’ fees. [See, Plaintiff’s Memorandum of Law in Response to Amended Motion for Attorneys’ Fees, p.8.]. “The central purpose of § 57.105, Fla. Stat., is, and always has been, to deter meritless filings and thus streamline the administration and procedure of the courts.” v. Bailynson, 268 So. 3d DCA 2019). In this vein, a § 57.105 demand and accompanying motion f filed at any time after a lawsuit is initiated, even directly in response regardless of whether any record evidence exists in support oft A 5 7 Fla. 4th ’ fees can be g of a complaint,¶

Consequently, the foregoing indicates that the Sta t o s First Motion for Attorney’s Fees, as served and filed, is sufficient under § 57.10 S Ss ri , nctions from Plaintiff for its failure to drop the State Attorney from the instant la 14/ had i n the 21-day safe harbor provision after being notified why its First Amended C lain s no basis in fact or law. Furthermore, as set 1xh li me no obligation to serve his Amended Motion prior to ready dropped him from the case when it was filed. forth at length above, the State A filing it with the Court as Plai¶

III. THE COMPETENT UBSTANTIAL EVIDENCE ON THE RECORD SHOWS THAT T RAISED FAIT EST 0 IS NO ARGUABLE BASIS IN LAW OR FACT FOR THE ISSUES PLAINTIFF’S COUNT I, WHICH NOT ONLY LACK A GOOD ENT FOR THE INTERPRETATION OF EXISTING LAW OR ENT OF A NEW LAW WITH A REASONABLE EXPECTATION BUT ALSO ARE NEITHER NOVEL OR COMPLEX.¶

Plaintiff relies on § 57.105(3Xa), which sets forth a scenario where sanctions are improper under the Statute:¶

• 3. Notwithstanding subsections (1) and (2), monetary sanctions may not be awarded:
  • (a) Under paragraph (Mb) if the court determines that the claim or defense was initially presented to the court as a good faith argument for the extension, modification, or reversal of existing law or the establishment of

new law, as it applied to the material facts. with a reasonable expectation ofsuccess.¶

Notably, the § 57.105(3Xa) defense only applies to demands made under § 57.105(1Xb). Accordingly, Plaintiff’s attempt to prevent an award of sanctions here only applies to whether Plaintiff or Plaintiff’s attorney “knew or should have known” that the First Amended Complaint “when initially presented to the court or at any time before trial… (b) would not be ported by the application of then-existing law to those material facts necessary to estab eir laim.” § 57.105(1)(b), Fla. Stat.¶

O Regarding the disclosure of grand jury materials, Florida Stat 5.17(1) makes clear that there is no arguable basis in law that the State Attorney vide he Requested Materials:¶

The notes, records, and transcriptions are confidenda and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. the State Constitution and shall be released by the clerk only on request by it jtiy for use by the grand jury or on order of the court pursuant to s.¶

Florida Statutes § 90517(1). Based on At tielea guage of § 905.17(1), Fla. Stat. there can be no good faith reasonable expectati Requested Materials as he lac the 1 gaI authority to obtain and deliver the Requested Materials demanded by Plaintiff in of the First Amended Complaint s for the State Attorney to produce and disclose the¶

Even if P tiff is ielded from § 57.105(1Xb) sanctions based on the § 57.105(3)(a) defense, Plai nonetheless subject to sanctions under § 57.105(I)(a), because Plaintiff or Plainti s “knew or should have known” that Count I “when initially presented to the court or at any time before trial … (a) was not supported by the material facts necessary to establish the claim.” Fla. Stat. § 57.105(1)(a). Specifically, based on Plaintiff’s own research, statutory constructive notice, the State Attorney’s affidavit, all of the pleadings and correspondence in this matter as well as through the State Attorney’s office press release and social media accounts, and¶

Chief Judge Marx’s statements during the June 3, 2020 hearing, Plaintiff and Plaintiff’s attorneys knew or should have known that Count 1 of the Amended Complaint was not supported by the material jams necessary to establish the claim.”See. Fla. Stat. § 57.10.5(1)(a).¶

The material facts showing that Plaintiff has no reasonable expectation of success and is unable to establish its claim for declaratory relief have been open, obvious, and apparent to everyone involved in this matter from the start. The State Attorney’s position has onsistent: neither he nor his office has possession, custody, or control of the R aterials and therefore the declaratory relief sought by Plaintiff seeks materials th Bible for him or his office to produce and he is not a proper party to this action.c ) x.A-12 1r] 3-4]. Again, these material facts negating Plaintiff’s declaratory relie it ‘m inst the State Attorney were it not only set forth in the June 8, 2020, § 57.105 D ‘St n r, but have been the basis for the s State Attorney’s defense in every pleading, fil’ 8 , ., correspondence in this matter.¶

Accordingly, Plaintiff knew ors ha known that the First Amended Complaint was not supported by the material f to establish the claim for declaratory relief. At the very least, Plaintiff should ha that its First Amended Complaint was not supported by the material facts after Ju rx’s statements during the June 3, 2020 hearing on Defendant’s Motion to Dismis sinti s Count 11. During that hearing, Chief Judge Marx drew a bright line as to when P knew or should have known that Count 1 of the Amended Complaint had no basis aw since the relief sought thereby is impossible for the State Attorney to perform. Specifically, Chiefludge Marx made several unequivocal statements on the record putting Plaintiff on notice, if they weren’t already, that the State Attorney does not have and cannot produce the Requested Materials. [Def.Ex.A-6, pgs. 3:18 - 4:1; 5:17-19; 8:4-22; 10:21 - 11:1; 11:12-15; 16:12 - 17:3; 17:6-9; 17:23 - 18:2].¶

Additionally, Plaintiff’s argument for novelty and complexity fails as to Count I, regardless of Plaintiff’s reliance on “Constitutional provisions and interpretive case law, along with Fla. Stat. § 905.27” … “to propose a good faith interpretation of existing law in support of its declaratory relief claim in Count I.” [See, Plaintiff’s Memorandum of Law in Response to Amended Motion for Attorneys’ Fees, p.10.]. The simple fact of the matter is that Count I is neither novel or complex because Count I merely seeks declaratory relief and the State Attorney’s lat session, custody, or control in conjunction with § 905.17(1) creates an impossibilit nuance as to Count I. Here, § 905.17(1) is abundantly clear that only the Clerk ca nd jury materials pursuant to a court order. The record is likewise clear that not ha State Attorney never had possession, custody, or control of the Requested Mate also lacks any legal authority to obtain and deliver the Requested Materials.¶

Thus, there is no arguable “good fait • i 7aww’ and/or fact as to Plaintiff’s Count I. Likewise, under no set of facts does Plai • ha reasonable expectation of success against the State Attorney in obtaining the R rials because he does not have possession, custody, or control over them. In , P miff acknowledged, admitted, and acquiesced to the impossibility of the State y providing the Requested Materials when he was dropped from the action. Consegitly, actions against Plaintiff are appropriate under § 57.105, Fla. Stat.¶

CONCLUSION¶

n the foregoing, Defendant, Dave Aronberg, as State Attorney of Palm Beach County, Florida, respectfully requests the Court enter an order granting his Amended Motion for Attorneys’ Fees as well as such other and further relief as the Court deems just or proper.¶

Arthur I. =, Esq. Fla. Bar No.: 10249 Richard J. Scholz, Esq. Fla. Bar No.: 0021261 Douglas A. Wyler, Esq. Fla. Bar No.: 119979 961687 Gateway Blvd., Suite 201-I Fernandina Beach, Florida 32034 (904) 261-3693 (904) 261-7879 Fax Primary: jacobsscholzJaw4, t.net¶

AttorneysforDefendaj YtJronberg¶

CERTIFICATE OF SERVICE¶

I HEREBY CERTIFY that on this 12th day of August, y of the foregoing has been electronically filed with the Florida E-File Portal for n all parties of record herein.¶

A. Wyler¶

Def.Ex.A-1¶

Filing # 98869063 E-Filed 11/14/2019 11:06:37 AM¶

IN THE CIRCUIT COURT, 15th JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA¶

CASE NO.:¶

CA FLORIDA HOLDINGS, LLC, Publisher of THE PALM BEACH POST¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida,¶

NF136 11/18/19 1045am¶

SUMMONS¶

DEFENDANT: Dave Aronberg, as State Attorney of Palm Beach County, Florida 401 N. Dixie Highway West Palm Beach, Florida 33401¶

A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached Complaint with the Clerk of this Court. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the Court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the Court you must also mail or take a copy of your written response to the: Stephen A. Mendelsohn, Esquire, Greenberg Traurig, P.A., 5100 Town Center Circle, Suite 400, Boca Raton, Florida 33486, Telephone: (561) 955-7600.¶

THE STATE OF FLORIDA¶

TO EACH SHERIFF OF THE. STATE: You are commanded to serve this Summons and a copy of the Complaint in this lawsuit on the above named Defendant.¶

DATED on November , 2019 NOV15 2110¶

IMPORTANTE¶

Sharon R. Bock As Clerk & Comptroller of the Court¶

iiitiy C mouy¶

Usted ha sido demandado legalmente. liane 20 Dias, contados a partir del recibo de esta notification, para contester la demanda adjunta, por escrito, y presentada ante este tribunal. Una Hamada telefonica no la protegera Si usted desca que el tribunal considere su defense, debe presentar su respuesta por escrito, incluyendo el numero del casa y los nombres de las partes interesadas. Si usted no contesta la demanda a tiempo, pudiese panier cl caso y podria sen despojado de sus ingresos y propiedades, o mincie de sus derechos, sin prcvio aviso del tribunal. Existen otros requisitos legates. Si lo data, puede usted consultas a un abogado inmediatamente. Si no conoce a un abogado, puede (lamas a une de las oscines de asistencia legal que aparecen en le guis telefonica.¶

Si desea responder a la demanda por su cucnta. al…mibo ticmpo en que presents su respuesta ante el tribunal, debera usted envier por CARCO o entregar unis Copia de su respuesta a la persona denominada abajo come “PlaintifnPlaintiffs Attorney” (Demandante o Abogado del Demandante).¶

IMPORTANT¶

Des poursuites judiciares ont etc entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date de rassignation de cette citation pour deposer une reponse ecrite a la plainte ci-jointe aupres de cc tribunal. Un simple coup de telephone est Suffisant pour vous proteger. Vous etcs oblige de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et du nom des parties nominees ici, si vous souhaitez que le tribunal entende voue cause. Si vous ne deposez pas votre repense ecrite dans le sciai requis, vous risquez de peste la cause ainsi que votre salaire, votre argent, et vos biens peuvent erre saisis par la suite, sans aucun preavis ulterieur du tribunal. Il y a d’autres obligations juridiques et vous pouvez requerir les services immediate d’un avocat. Si vous ne connaissez pas d’avocat, vous pourriez telephoner a un service de reference d’avocats ou a un bureau d’assistance juridique (figurant a l’annuaire de telephones).¶

Si Nous choisissez de deposer vous-meme une repense cerne, il vous faudra egalcment, en meure temps que cette fonnalite, faire parvenir ou expedier une copie de votre reponse tente au “Plaintift7Plaintiffs Attorney” (Plaignant ou a son avocat) nomme ci-dessous.¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

Plaintiff¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SI-IARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida,¶

CASE NO.:¶

COMPLAIN 7’¶

CA Florida Holdings, LLC, publisher of The PS Beach Post, for its Complaint against Dave Arenberg, the State Attorney for Palm Beach County, Florida, in his official capacity (“State Attorney”), and Sharon R. Bock, the Clerk of the Court for Palm Beach County, Florida, in her official capacity (“Court Clerk”), alleges as follows:¶

JURISDICTION¶

• I. Thi an action within the exclusive jurisdiction of the Circuit Court pursuant to Fla. Stat. Sec I 1 (2)(a).

PARTIES¶

• 2. The Palm Beach Post is a daily community newspaper published by Plaintiff CA Florida Holdings, LLC, with offices located at 2751 S. Dixie Highway, West Palm Beach, Florida.
• 3. Defendant Dave Aronberg is the duly elected State Attorney for the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, pursuant to Fla. Stat. Section 27.01 and

has authority in grand jury proceedings pursuant to Fla. Stat. section 27.03. He is sued herein in his official capacity as his office is in possession of documents that are the subject of this action.¶

4. Defendant Sharon R. Bock is the duly elected Clerk and Comptroller of Palm Beach County, Florida. She is sued herein in her official capacity as her office is in possession of documents that are the subject of this action.

INTRODUCTION¶

5. In what is now widely if belatedly recognized as a colossal miscarriage of justice which led to the further needless victimization of countless young girls and women — a wealthy, politically connected, and powerful financier was not held accountable for, nor even forced to confront, allegations of serious sex trafficking crimes. 8i”Whi\elt I4iik’s that Jeffrey Epstein’s 2008 deal with the State of Florida was not consistent w ” S kc, ence gathered against him, what remains , Icire shrouded in mystery is how that evide s tinli; ” se nted — and the extent to which it was presented - to the grand jury that returned indi ent far more limited in scope than expected and deserved.

6. Through this acfi Palm Beach Post seeks public access to the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury empaneled during the first Epstein sex abuse investigation. Typically, access to such materials is limited, for example, in order to prevent the flight of those whose indictment may be contemplated and their ability to conceal or destroy evidence; to ensure jurors’ candor in deliberations: and to protect an accused who is later exonerated. However, these factors are inapplicable here. Also, Florida law expressly authorizes the disclosure of grand jury proceedings under certain circumstances, including, as here, in the furtherance of justice. Fla. Stat. § 905.27(1 )(c).

7. It can no longer credibly be maintained that continued blanket secrecy over the proceedings that led to the egregiously flawed 2006 Epstein indictment is warranted under the law.

To the contrary, transparency is required to promote public understanding of the criminal justice system and public confidence in the fair administration of justice. As detailed below, Epstein was accused of sexually abusing and trafficking dozens of women and girls in south Florida (among other locations) over a period of several years while exploiting his wealth and political connections to obstruct the administration of justice at every turn. Public disclosure of the Epstein grand jury proceedings will shed light on the extent to which those in our government entrusted with the solemn responsibility of enforcing our criminal laws equally as to all citizens fidfilled their duties in this instance. Justice will be furthered where it is either (1) demonstrated that Epstein was treated like others accused of similar heinous crimes, or (2) as appears more likely to be the case, those who chose to give Epstein favorable — “unusual,” in the words of the Town of Palm Beach Police Chief — treatment, are exposed and held accountable. From what limited information is now in the public domain, the State Attorney’s referral to the grand jury — which would be out of the ordinary for this type of case — gives rise to a strong inference of favoritism and corresponding disregard for the rights of the minor victims of Epstein’s sex trafficking. Access to the grand jury materials will allow the public to determine whether the grand jury process. and the secrecy that comes with it, was used to further justice or, instead, operated to shield Epstein and his co-conspirators from the consequences of their criminal activities. Accordingly, F]a. Stat. Section 905.27 authorizes the disclosure of Epstein’s 2006 grand jury proceedings.¶

8. • Even in the absence of such a statutory basis, this Court is empowered to order public disclosure pursuant to its inherent authority and supervisory powers over the grand jury. Indeed, courts throughout the country in the past several decades have ordered the disclosure of high-profile grand jury proceedings pursuant to their inherent authority where the public’s interest in those proceedings has outweighed the general need for secrecy. This is particularly so where,

as here, many of the details of Epstein’s criminal misdeeds have already been made available in the public domain through extensive news reporting by, among others, The Palm Beach Post; by the many civil suits brought against Epstein and his co-conspirators; and by the victims themselves.¶

9. In recognition of the sensitivity of the materials being sought, and in the interest of protecting any victims who wish to remain anonymous, The Palm Beach Post has no objection to copies of the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury first being submitted to this Court for in camera review, where they may be redacted, as appropriate, to protect those who deserve such protection.

FACTUAL BACKGROUND¶

10. The following facts were gathered, in lar , from documents obtained by The Palm Beach Post through various Florida Public ReS:Als g w requests, documents unsealed or publicly available in other related judicial proceedings, and information and documents in the public record.

A. First Epstein Sex Crimes Investigation, Indictment, and Plea Agreement: 2005- 2008.¶

11. The investigation into Epstein’s sex crimes began more than fourteen years ago, when a 14-year-old girl’s stepmother reported to police in the Town of Palm Beach, Florida, that Epstein and othensvi\worked for him arranged for her to give Epstein a “massage.” Epstein required the girl to strip, exposed himself and masturbated while touching her. The girl was paid $300. Epstein was 52 years old at the time.

12. Following this initial report in 2005, the Town of Palm Beach Police, and later. in 2006, the FBI, investigated Epstein. Interviews under oath with five additional alleged victims and seventeen witnesses revealed that the events described by the l4-year-old girl occurred, with disturbingly similar details, with each of the other victims.

13. Both the victim/witness interviews, as well as evidence retrieved following a search of Epstein’s home, showed that some of the girls involved were under the age of 18. The police search of Epstein’s residence also found two hidden cameras and, throughout the house, large numbers of nude photos of girls, including victims whom the police had not interviewed in the course of their investigation.

14. In March 2006, a State grand jury was scheduled at which all of the victims were expected to testify. The proceeding was postponed, however, due to meetings between the State Attorney’s office and Epstein’s prominent criminal defense lawyer and personal friend, Alan Dershowitz.

15. Another grand jury was convened in April 2.le, butFanceled the day before it was to begin receiving evidence.

(I) Police Chief ReiterAtitt to the State Aftorney.¶

16. On May 1, 2006, Town of Palm Beach Police Chief Michael Reiter wrote a “personal and confidential” letter to then Palm Beach County State Attorney, Barry Krischer, stating:

1 must renew my prior observation to you that I continue to find your office’s treatment of [the Epstein] cases highly unusual. It is regrettable that I am forced to communicate in this manner, but my most recent telephone calls to you and those of the lead detective to your assigned attorneys have been unanswered and messages remain =returned. After giving this much thought and consideration. I must urge you to examine the unusual count that your office’s handling of this matter has taken and consider if good and sufficient reason exists to require your disqualification from the prosecution of these cases. (Emphasis supplied)¶

17. Chief Reiter’s letter to State Attorney Krischer enclosed the Town of Palm Beach Police Department’s probable cause affidavits charging Epstein and two of his assistants with multiple counts of unlawful sex acts with a minor and one count of sexual abuse, and requested

that either an arrest warrant be issued for Epstein or the State Attorney directly initiate the charges against him, which would be public.¶

(2) The Jul’ 2006 State Grand Jury Presentation.¶

18. Instead, State Attorney Krischer elected to refer the case to a grand jury, which is mandatory for capital cases but rarely used for all other crimes. According to an official spokesperson, this was the first time that a sex crimes case was presented to a grand jury in Palm Reach County.

19. In July 2006, after State Attorney Krischer presented testimony and evidence from one victim, the grand jury returned an indictment on a sole count of solicitation of prostitution. There is no mention in the indictment of the victim being a minor.

20. On information and belief, a second ‘n’s victims was supposed to testify, before the grand jury, but was unable to attend AStse a school exam.

21. No reasonable explanation has been provided as to why the numerous other known victims were not presented as witnesses and crime victims to the grand jury convened in July 2006. Nor has any reasonable explanation been provided as to why State Attorney Krischer, who was initially eager to investigate and prosecute Epstein for his crimes, over time lost the desire to do so.

22. n «formation and belief, during the grand jury appearance of the single victim who testiliEd. e State Attorney presented evidence that vilified the victim and attacked her credibility, including soliciting testimony regarding underage drinking and questionable personal behavior that was unrelated to the charges against Epstein. Further upon information and belief, this information was initially brought to the attention of the State Attorney’s office by Epstein’s defense counsel.

(3) The FBI’s Investiaation and Enstcin’s Non-Prosecution Agreement With Federal Authorities.¶

23. On information and belief, following the deficient July 2006 indictment, and with Chief Reiter’s encouragement, the FBI began its own investigation of Epstein.

24. Records unsealed in 2015 revealed that the FBI compiled reports on “34 confirmed minors” that were victims of Epstein’s sexual predations. Based on evidence gathered by the FBI, a 53-page indictment was prepared by the U.S. Attorney’s Office in June 2007. However, at the request of Epstein’s lawyers, the indictment was never presented to a federal grand jury.

25. Instead, then U.S. Attorney for the Southern District of Florida, Alexander Acosta, negotiated a plea deal with Epstein’s team of lawyers to grant immunity to Epstein (along with four named co-conspirators and any unnamed potential co-conspirators) from all federal criminal charges.

26. Throughout the remainder of 2007 and through the first half of 2008, Epstein’s lawyers and the U.S. Attorney continued negotiating the plea arrangement. Upon information and belief, Epstein’s lawyers insisted that (I) the victims not be notified, (2) the deal be kept confidential and under seal, and (3) all grand jury subpoenas (including one that had already been issued for Epstein’s computers) be withdrawn.

27. On June 30, 2008, Epstein pled guilty to State charges: one count of solicitation of prostitution and one count of solicitation of prostitution with a minor under the age of 18. He was sentenced to 18 months in jail, followed by a year of community control or house arrest, and was adjudicated as a convicted sex offender required to register twice a year in Florida.

28. The plea deal, called a non-prosecution agreement (“NPA”), allowed Epstein to receive immunity from federal sex-trafficking charges that could have sent him to prison for life. On information and belief based on public records, former State Attorney Krischer communicated with then U.S. Attorney Acosta concerning the NPA’s negotiation with Epstein’s lawyers.

29. Indeed, Epstein was not incarcerated in a Florida prison for the State crimes for which he was convicted. Instead, he was placed in a private wing of the Palm Beach County Stockade, where, after 3 1/2 months, he was allowed to leave the jail on “work release” for up to 12 hours a day, 6 days a week. His private driver provided his transportation to and from “work.”

30. Epstein was released five months early.

31. Upon information and belief, Epstein violated the terms of his probation, but was not prosecuted.

(4) The Crime Victims’ Rights Act Litigation.¶

32. Epstein’s victims only learned after the actsbout his plea in State court and filed an emergency petition to force federal prosecu i t ply with the Crime Victims’ Rights Act (18 U.S.C. § 3771, “CVRA”), which mandates certain rights for crime victims, including the right to be informed about plea agreements and the right to appear at sentencing. U.S. District Judge Kenneth A. Marra recently ruled that federal prosecutors violated the CVRA by failing to notify Epstein’s victims before allowing him to plead guilty to only the two State offenses.

33. The prosecution’s failure to keep the victims apprised, among other things, also contravenes thCriida Constitution, Article 1, § 16(b) and Fla. Stat. § 960.001.

flowing publicity exposing the extraordinary leniency of the plea deal, dozens of civil suits were brought against Epstein, most of which Epstein’s lawyers settled out-of-court.¶

35. In 2010, Epstein was registered as a “level three” (i.e., high risk of repeat offense) sex offender in New York, a lifelong designation. In 2011, the New York County District Attorney’s office unsuccessfully sought to lower his registration to low-risk “level one.”

36. Upon information and belief, during the course of the Town of Palm Beach and FBI investigations, Epstein retained private investigators to follow, harass, and photograph his victims and their families, as well as Chief Reiter and the Town of Palm Beach detective who investigated the case against Epstein.

37. Upon information and belief, Epstein’s victims were threatened against cooperating with law enforcement and told that they would be compensated only if they did not cooperate with law enforcement.

B. Second Epstein Sex Crimes Investization, Indictment, Suicide: 2019.¶

38. On July 6, 2019, Epstein was arrested on federal sex trafficking charges.

39. Upon information and belief, the United States government’s investigation of new allegations and charges stemmed, in part, from continued press investigations into and reporting on the mishandling of the 2006 charges and the civil suits that followed.

40. In a July 8, 2019, letter to the federal district court by the U.S. Attorney for the Southern District of New York, Epstein was described as “a serial sexual predator who preyed on dozens of minor girls over a period of years.” The letter emphasized that “the Government has real concerns — grounded in past experience with this defendant — that if allowed to remain out on bail, the defendant could attempt to pressure and intimidate witnesses and potential witnesses in this case, including victims and their families, and otherwise attempt to obstruct justice.” It also described the results of the FBI’s search of Epstein’s Manhattan townhouse: evidence of sex trafficking in the form of “hundreds — and perhaps thousands — of sexually suggestive photographs of fully- or partially-nude females,” including underage females. In a locked safe, compact discs were found with handwritten labels including the descriptions: “Young [Name) + [Name],” “Mist nudes 1,” and “Girl pics nude.”

41. On July 8, 2019, prosecutors with the Public Corruption Unit of the U.S. Attorney’s office for the Southern District of New York charged Epstein with sex trafficking and conspiracy to traffic minors for sex. The grand jury indictment alleges that “dozens” of underage girls were brought into Epstein’s mansions for sexual encounters. A few days later, owing to public outcry over the NPA with Epstein entered into by the U.S. Attorney for the Southern District of Florida, Alexander Acosta, who by then was serving as U.S. Secretary of labor in the Trump administration, resigned from office.

42. Epstein was denied bail and was placed into pretrial detention at the federal Metropolitan Correction Center in lower Manhattan.

43. On August 10, 2019. Epstein was found dead in his cell at the Metropolitan Correctional Center. His cause of death was determined to be suicide.

C. The August 27, 2019, SDNY Hearing; Epstein’s Victims Speak¶

44. On account of his death, prosecutors sought to dismiss the indictment against Epstein, while maintaining that they would continue to investigate his co-conspirators.

45. United States Senior District Judge Richard M. Berman ordered a hearing on August 27. 2019, on the prosecutors’ decision to dismiss the indictment and allowed victims to speak at the hearing.

46. In the course of the hearing, more than two dozen victims delivered their personal stories of pain, frustration, and sexual abuse at the hands of Epstein. Several victims spoke of violent rape by Epstein. Many more victims were present in the courtroom but did not testify.

47. While some questioned the reasoning behind the court’s decision to give the victims voice after Epstein’s death, District Judge Bennan noted that “a public hearing is [the] preferred vehicle of resolution,” emphasizing that “public hearings are exactly what judges do. Hearings promote transparency and they provide the court with insights and information which the court may not otherwise be aware of” Indeed, even Epstein’s defense lawyer noted at the hearing that the court “is the institution that most people have confidence in, in these very troubled times.”

48. At the August 27th hearing. the girls, now women, spoke about their “exploitation and coercion,” and to the fact that many of them “were in very vulnerable situations and in extreme poverty, circumstances where [they] didn’t have anyone on [their] side, to speak on [their] behalf…” One victim lamented that “as a victim, [she] never got to see what the agreement was or why the special treatment got approved” in the Florida case years earlier. Another noted how “completely different” the investigators leading to the 2019 federal indictment were from the prosecutors in the Florida case, both in their treatment of her and their investigation of her victimization by Epstein.

)11’9 49. A former federal judge in attendance eth ugust 27th hearing emphasized that S k nin “transparency is one of the overriding objectiv ic • inal justice system.”¶

S 50. Nearly all of the victims t)the conviction that the secrecy that shielded Epstein has caused them “irreparable harm” and that an opportunity to address his criminal wrongdoings. and those of the individuals who enabled his sexual racketeering, would allow for at least some measure of justice to be served after his death. Indeed, one victim stated: “Any efforts made to protect Epstein’s name and legacy send a message to the victims that he wins and that he is untouchab ther victim expressed fear that this is a world “where there are predators in power, a where people can avoid justice if their pockets run deep enough.” In short, the “unusual” treatment Epstein received in Florida in 2006 based on his wealth, social status, and connections severely eroded the public’s faith in the integrity and impartiality of the criminal justice system.¶

D. The Palm Beach Post’s Standing and the Public Interest.¶

51. Plaintiff, The Palm Beach Post, is a community newspaper serving readers in Palm Beach County and the Treasure Coast vicinity.

52. The Palm Beach Post has been a Pulitzer Prize winner and nominated as a finalist three other times.

53. Beginning in 2004, The Palm Beach Post has extensively investigated and reported on the allegations against, the law enforcement investigation of, and the crimes committed by, Epstein and his co-conspirators. The Newspaper’s reportage has included publication of the following articles:

• “The Man Who Had Everything: Jeffrey Epstein Craved Big Homes, Elite Friends v s ’ tors Say, Underage Girls.,” published on August 14, 2006, reporting that: , a local community college student, admitted in a sworn statement to police that “she had taken at least six girls to visit Epstein, all between the ages of 14 and 16;” Palm Beach Police “interviewed five alleged victims and 17 witnesses;” “Dershowitz, the Harvard law professor, traveled to West Palm Beach with information about the girls,” including social media discussions about “their use of alcohol and marijuana;” after meeting with Epstein’s legal team, “prosecutors postponed their decision to take the case to a grand jury;” Palm Beach Police subsequently “received complaints that two of the victims or their families had been harassed or threatened;” “relations between police and prosecutors were fraying” as the investigation continued; and “one girl who was subpoenaed —the one who said she had sexual intercourse with Epstein — never showed up” to testify before the grand jury.

• “Trump Snags Gosman Estate for S41 Million” published on November 16, 2004, reporting on the bidding war between Donald Trump and Jeffrey Epstein for the purchase of a “43,000-square-foot, seven-bedroom estate on 6 oceanfront acres along the storied ‘Raider’s Row’ ” in Palm Beach.

• “Indictment: Billionaire Solicited 3 Times” published on July 25, 2006, reporting that “Billionaire money manager and Palm Beach part-time resident Jeffrey Epstein solicited or procured prostitutes three or more times between Aug. 1 and Oct. 31 of last year, according to an indictment charging him with felony solicitation of prostitution.” The article further reported that “Epstein’s case is unusual in that suspected prostitution johns are usually charged with a misdemeanor, and even a felony charge is typically made in a criminal information — an alternative to an indictment charging a person with the commission of a crime.”

• “After Long Probe, Billionaire Faces Solicitation Charge” published on July 26, 2006, reporting that “Palm Beach police thought there was probable cause to charge Epstein with unlawful sex acts with a minor and lewd and lascivious molestation.” The article further reported that “Police Chief Michael Reiter was so angry with State Attorney Barry Krischer’s handling of the case that he wrote a memo suggesting the county’s top prosecutor disqualify himself,” and identified a 20-year-old on-the-record female source who said “she gave Epstein a massage in the nude, then brought him six girls, ages 14 to 16, for massage and sex-tinged sessions at his home.”

• “Police Say Lawyer Tried to Discredit Teenage Girls” published on July 29, 2006, reporting that “[gamed Harvard law professor Alan Dershowitz met with the Palm Beach County State Attorney’s Office and provided damaging information about teenage girls who say they gave his client, Palm Beach billionaire Jeffrey Epstein, sexually charged massages” and that “[t]he state attorney’s office said it presented the Epstein case to a county grand jury this month rather than directly charging Epstein because of concerns about the girls’ credibility.”

• “Expert: Ignorance of Age Isn’t Defense In Sex Cases” published on August 5, 2006, reporting that “[r]ather than file charges, the state attorney’s office presented the case to a county grand jury” which “indicted Epstein last week on a single, less serious charge of felony solicitation of prostitution,” and that “[t]he case raised eyebrows because the state attorney’s office rarely, if ever, kicks such charges to a grand jury.”

• “Epstein Camp Calls Female Accusers Liars” published on August 8, 2006, reporting that “[a] state attorney’s spokesman would say only that the office refers cases to the grand jury when there are issues with the viability of the evidence or witnesses’ credibility.”

• “Palm Beach Chief Focus of Fire In Epstein Case” published on August 14, 2006, reporting that Chief Reiter “pressed for Epstein to be charged with the more serious crimes of sexual activity with minors” and “slammed State Attorney Barry Krischer in blunt language seldom used by one law enforcement official with another because of what he perceived as that office’s mishandling of the case.”

• “Delays In Epstein Case Unusual, Lawyers Say” published on March 13, 2007, reporting that “[n]early eight months after Palm Beach tycoon Jeffrey Epstein was charged with felony solicitation of prostitution. there has been no discernible progress in his case.”

• “Woman Sues Billionaire Investor, Says They Had Sex When She Was 16” published on October 18, 2007, reporting on a lawsuit brought in New York State court against Epstein “by a young woman who says he had sex with her when she was 16 and had sought his help becoming a model.”

• “Palm Reacher Pleads In Sex Case” published on July 1, 2008, reporting that “Epstein, 55, pleaded guilty … to felony solicitation of prostitution and procuring a person under the age of 18 for prostitution.” resulting in “a lifelong obligation to register as a sex

offender,” and that “[a’s part of the plea deal, federal investigators agreed to drop their investigation of Epstein, which they had taken to a grand jury.”¶

• “Jeffrey Epstein: Scientist, Stuntman, `Sex Slave’ Visit Jailed Tycoon” published on August 13 2008 reporting that “[d]uring his first month of confinement” Epstein was visited by , who allegedly escorted victims “upon their arrival at his Palm Beach waterfront home to an upstairs room, where she prepared and provided the oils for their encounters” with Epstein, and by young woman whom Epstein purportedly described as his Yugoslavian sex slave.”

• “Billionaire Sex Offender Leaves Jail Six Days a Week For Work” published on July 1, 2008, reporting that Epstein “is allowed to leave the Palm Beach County Stockade six days a week on a work-release program.”

• “Women Want Epstein Sex Plea Deal Unsealed” published on June 10, 2009, reporting that attorneys for women suing Epstein in various courts “want his [non-prosecution] agreement [NPA] with federal prosecutors unsealed” and were moving to unseal the agreement in Circuit Court of the Fifteenth Judicial Circuit, and that “Epstein now faces at least a dozen civil lawsuits in federal and state courts filed by young women who said they had sex with him and now seeking damages.” On that date, The Palm Reach Post moved to intervene in thelOtter for the purpose of obtaining public access to the NPA, which was ordered disclosed by this Court on June 25, 2009.

• “Epstein’s Secret Pact With Feds Reveals `Highly Unusual’ Terms” published on September 19, 2009, reporting that, owing to Epstein’s non-prosecution agreement, “federal prosecutors backed down and agreed to recall grand jury subpoenas if Epstein pleaded guilty to prostitution-related felonies in tate c ” ” d not to charge any of E stei s .ble co-conspirators: , Lesley Groff and .” The article further reported that, according to an attorney representing three of Epstein’s victims, “none of the 30 to 40 wom[e]n identified as victims in the federal investigation” were informed ahead of time about the NPA.

• “Judge Rules Epstein Attorneys Can Subpoena Abortion Records” published on January 27, 2010, reporting that “a judge … gave lawyers representing multimillionaire sex offender Jeffrey Epstein the right to subpoena abortion records from women who are seeking millions in damages from the part-time Palm Beach resident.”

• “Epstein Journal’s Findings Could Resurrect Abuse Case” published on March 20, 2010, reporting that “[a] purloined journal that is said to contain the names of `hundreds’ of victims of convicted sex offender Jeffrey Epstein could be used to reopen the investigation into the multi-millionaire’s appetite for teenage girls.”

• “Epstein Paid Three Women $5.5 Million to End Underage Sex Lawsuits” published on October 4, 2017. reporting that, according to court documents, Epstein “shelled out $5.5 million to settle lawsuits with three of more than two dozen teens who sued him.”

• “Judge Rules Feds’ Agreement With Jeffrey Epstein Pact Violated Teen Victims’ Rights” published on February 22, 2019, reporting on a ruling by U.S. District Judge Kenneth Marra that “Federal prosecutors violated the rights of Jeffrey Epstein’s teenage victims [under the Crime Victims’ Rights Act] by failing to reveal they had dropped plans to prosecute the billionaire on dozens of federal charges in connection with the girls’ claims that he paid them for sex at his Palm Beach mansion.”

• “Epstein Indicted On Sex Charges/Part-Time Palm Beacher Pleads Not Guilty to Sex Trafficking, Conspiracy Charges In Federal Court In Manhattan” published on July 9, 2019, reporting on Epstein’s appearance in U.S. District Court for the Southern District of New York in which he “pleaded not guilty to charges accusing him of creating a vast network of girls as young as 14 that he exploited for his sexual pleasure at his homes in Palm Beach and Manhattan.”

A true and correct copy of the above news articles, in either the computerized format in which they are maintained in The Palm Beach Post’s electronic archives or the news print edition in which originally published, is annexed hereto as Exhibit 1.¶

54. The press has a constitutional right of access to criminal proceedings, see, e.g., Richmond Newspapers Inc. v. Virginia, 448 U.S. 555, 573 (1980). including pre-trial criminal proceedings. M. v. Graddick, 6% F.2d 796 (11th Cir. 1983). Indeed, “the integrity of the judicial process, which public scrutiny is supposed to safeguard, is just as much at issue in proceedings of this kind [pre- and post-trial] as at trial.” Id. at 801; see also Miami Herald Publ. Co. 426 So. 2d 1, 6-7 (Fla. 1982) (identifying the news media as a “public surrogate” in matters concerning the closure of judicial proceedings). The press also has a First Amendment interest in receiving information from willing speakers. See Va. Pharmacy Bd. v. Va. Consumer Council, 425 U.S. 748, 756-57 (1976) (“Where a speaker exists … the protection afforded [by the First Amendment] is to the communication, to its source and to its recipients both.”); Pittman v.., 267 F.3d 1269, 1283 n.12 (11th Cir. 2001) (“The Supreme Court has recognized that the First Amendment offers protection to both speakers and those wishing to receive speech.”); see also Stephens v. Cty. of Albemarle, Va., 524 F.3d 485, 492 (4th Cir. 2008) (providing that a plaintiff

has “standing to assert a right to receive speech” by “show[ing] that there exists a speaker willing to convey the information to her”).¶

55. Because of the unique role performed by the press as a “public surrogate” a-, 426 So. 2d at 6-7) in protecting the right of access and its interest in reporting information about criminal proceedings, news organizations “presumptively have a right to access judicial records,” Comm ‘r, Ala. Dep’t of Corr. v. Advance Local Media, LLC. 918 F.3d 1161, 1166 (11th Cir. 2019), and “standing to question the validity of an order restricting publicity because its ability to gather news is directly impaired or curtailed.- M, 426 So. 2d at 4; see also Carlson’v. United States, 837 F.3d 753, 757-58 (7th Cir. 2016) (“[a]s a member of the public, [the Reporters Committee] has standing to assert [its] claim” to grand jury materials because such materials are “public records to which the public may seek access, even if that eff c ‘rois ‘mately unsuccessful”).

56. Here, the continued denial of access i rmation The Palm Beach Post seeks on behalf of its journalists and the public it eyves questionably constitutes irreparable injury.” Gainesville Woman Care. LLC v. State of Florida. 210 So. 3d 1243. 1263 (Fla. 2017); see also Zerilli v. , 656 F.2d 705, 711 (D.C. Cir. 1981) (noting that “the press’ function as a vital source of information is weakened whenever the ability of journalists to gather information is impaired,” as it is by Attorney General’s refusal to disclose unredacted report and underlying grand jury materials).

E. The Court’s Supervision of the Grand Jury Process and Its Authority to Order Public Disclosure of the Epstein Evidence.¶

57. The Florida Supreme Court has noted that “in states such as Florida, where the grand jury is preserved, it is an important appendage of the court which impanels it. At the same time it should not be forgotten that the judge of that court is equally important and he is generally charged with the supervision of the grand jury’s activities…lt is. therefore, of vital importance to maintain the dignity and the integrity of both the grand jury and the presiding judge.” State v. Clemons, 150 So. 2d 231, 233-34 (Fla. 1963).

58. Chapter 905 of the Florida Statutes governs the empanelment and conduct of Florida grand juries. The court gives the grand jury its initial charge and advises the grand jury about its legal duties. Fla. Stat. § 905.18.

59. Florida Stat. Section 905.27(1) provides that “the testimony of a witness examined before the grand jury … or other evidence received by it” may be disclosed “when required by a court … for the purpose of: (a) Ascertaining whether it is consistent with the testimony given by the witness before the court; (b) Determining whether the witness is guilty of perjury; or (c) Furthering justice.” Fla. Stat. § 905.27(1Xa)-(c).

60. Further, disclosure is appropriate pursuant to this Court’s inherent authority over grand jury proceedings because of the exceptional public interest in this case and the compelling circumstances supporting transparency. Carlson v. United States, 837 F.3d at 766 (“a district court has the inherent power to disclose [grand jury] materials in exceptional circumstances and … historic importance can be a sufficient reason when there is little countervailing need for secrecy”).

COUNT I¶

61. eon information learned by The Palm Beach Post through its Florida Public Records’ uests. law enforcement sources with direct knowledge of the grand jury evidence and proceedings, judicial documents obtained from independent but related court proceedings. and documents otherwise available in the public record, the State Attorney for Palm Beach County presented truncated evidence of Epstein’s criminal wrongdoing to the 2006 grand jury in a manner

that precluded his indictment for the serious crimes he committed, including sex trafficking and sexual assault.¶

62. Pursuant to Florida Stat. Section 905.27, in order to further justice for Epstein’s victims and the public, and to provide public disclosure to illuminate whether Epstein received unreasonably lenient treatment based on the available evidence, The Palm Beach Post requests immediate public access to the testimony, minutes, and other evidence present Ar2006 to the Palm Beach County grand jury. In a case of this magnitude and importance, wher e accused is dead and so many of his crimes, as well as the identities and crimes of his co-conspirators, and the identities of the victims have already been exposed, the need for grand jury secrecy is no more. See United States v. Socony-Vacuton Oil Co., 310 U.S. 150,“234 (1940) (“[A]fter the grand jury’s functions are ended, disclosure is wholly proper where the ends of justice require it.”).

WHEREFORE, The Palm Beach Post respectfully requests that this Court, pursuant to Fla. Stat. Section 905.27(1) and the Court’s inherent authority, order the State Attorney and the Clerk of the Court to file with this Court copies of the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury during the first Epstein sex abuse investigation so that, following an in camera inspection, it can be made available to The Palm Beach Post and the public on an expedite( basis, and grant any other and further equitable or legal relief the Court deems just a¶

Dated: November 14. 2019 Respectfully submitted,¶

+6s¶

Attorneys for CA Florida Holdings, LLC, Publisher of The Palm Beach Post¶

Stephen A. Mendelsohn, Esq. 5100 Town Center Circle, Suite 400 Boca Raton, Florida 33486 Telephone: (561) 955-7629 Facsimile: (561) 338-7099¶

By: is/ Stephen A. Mendelsohn STEPHEN A. MENDELSOCSS Florida Bar No. 849324 mcndeisohnitectlaw.e hasenh@gtlaw.com FLService®gtla A¶

By: /s/ Michael flip; MICHAEL I RY IEL (Pro 1th ficzapplication forthcoming) 54 t, ‘th Floor York 12207 e: (518) 689-1400 e: (518) 689-1499 eielnamlavv.com¶

: Is! Vincent H Chiefib VINCENT H. CHIEFFO (Pro Hew Vice application forthcoming) 1840 Century Park East, Suite 1900 Los Angeles CA 90067 Telephone: (310) 586 7700 Facsimile: (310 586 7800 chicffovaityilaw.com riveraal©gtlaw.com¶

By: Is/ Nina D. Boraiian NINA D. BOYAJIAN (Pro Hac Vice application forthcoming) 1840 Century Park East, Suite 1900 Los Angeles CA 90067 Telephone: (310) 586 7700 Facsimile: (310) 586 7800 boy& iarugalatlaw cam riveraallatnlaw.com¶

EXHIBIT 1¶

The Newspaper’s Reportage on Jeffrey Epstein¶

The Palm Beach Post REAL NEWS STARTS HERE¶

The Man Who Had Everything: Jeffrey Epstein craved big homes, elite friends and underage girls¶

By Andrew Marra¶

Posted Jul 17, 2019 at 6:02 AM¶

From the archives: When Palm Beach detectives started asking questions and teenage girls started talking, a wave of legal resistance followed.¶

Editor’s Note: This article appeared in The Palm Beach Post on August 14, 2006, three weeks after Jeffrey Epstein’s arrest in Palm Beach County on a charge of felony solicitation of prostitution.¶

WINGED GARGOYLES guarded the gate at Jeffrey Epstein’s Palm Beach mansion. Inside, hidden cameras trolled two rooms, while he girljcame and went.¶

For the police detectives who sifted yFquglt the garbage outside and kept records of visitors, it was the lair of a troubling target.¶

Epstein, one of the most mysterious of the country’s mega-rich, was known as much for his secrecy as for his love of fine things: magnificent homes, private jets, beautiful women, friendships with the world’s elite.¶

But at Palm Beach police headquarters, he was becoming known for something else: the regular arrival of teenage girls he hired to give him massages and, police say, perform sexual favors.¶

Epstein was different from most sexual abuse suspects; he was far more powerful. lie counted among his friends former President Bill Clinton, Donald Trump and Prince Andrew, along with some of the most prominent legal, scientific and business minds in the country.¶

When detectives stared asking questions and teenage girls started talking, a wave of legal resistance followed.¶

» NEW: JeffreyEpstein: Lawyer said financier had sex with woman during workrelease¶

If Palm Beach police didn’t know quite who Jeffrey Epstein was, they found out soon enough.¶

Epstein, now 53, was a quintessential man of mystery. He amassed his fortune and friends quietly, always in the background as he navigated New York high society.¶

When he first attracted notice in the early 1990s, it was on account of the woman he was dating: Ghislaine Maxwell, daughter of the late British media tycoon Robert ell.¶

In a lengthy article, headlined “The Mystery of Ghislaine Maxwell’s Secret , the British Mail on Sunday tabloid laid out speculative stories that the socialite’ beau, was a CIA spook, a math teacher, a concert pianist or a corporate headhunter.¶

“But what is the truth about him?” the newspaper wonder 9Maxwell, Epstein is both flamboyant and intensely private.”¶

The media frenzy did not begin in full until a dtcSelcr. <- In September 2002, Epstein was flung into the limelight when he flew Clinton and actors Kevin Spacey and Chris Tucker to Africa on his private jet.¶

ti ir Suddenly everyone wanted to kredi:iwh pstein was. New York magazine and Vanity Fair published lengthy profiles. The New York Post listed him as one of the city’s most eligible bachelors and began descri bic’ .g him in its gossip columns with adjectives such as “mysterious” and “reclusive.”¶

Although Ep no interviews, the broad strokes of his past started to come into focus.¶

Building a life of extravagance¶

He was born blue-collar in 1953, the son of a New York City department employee, and raised in Brooklyn’s Coney Island neighborhood. He left college without a bachelor’s degree but became a math teacher at the prestigious Dalton School in Manhattan.¶

The story goes that the father of one of Epstein’s students was so impressed with the man that he put him in touch with a senior partner at Bear Stearns, the global investment bank and securities firm.¶

In 1976, Epstein left Dalton for a job at Bear Stearns. By the early 1980s, he had started J. Epstein and Co. That is when he began making his millions in earnest.¶

Little is known or said about Epstein’s business except this: He manages money for the extremely wealthy. He is said to handle accounts only of $I billion or greater.¶

It has been estimated he has roughly 15 clients, but their identities are the subject of only speculation. All except for one: Leslie Wexner, founder of The Limited retail chain and a former Palm Beacher who is said to have been a mentor to Epstein.¶

Wexner sold Epstein one of his most lavish residences: a massive townhouse that dominates a block on Manhattan’s Upper East Side. It is reported to have, among its finer features, closedcircuit television and a heated sidewalk to melt away fallen snow.¶

That townhouse, thought to be the largest private residence in Manhattan, is only a piece of the extravagant world Epstein built over time.¶

%9 In New Mexico, he constructed a 27,000-square-foot hilltop mansion on a 10,000-acre ranch outside Santa Fe. Many believed it to be the largest home in the state.¶

In Palm Beach, he bought a waterfront home on El Brill° Way. And he owns a 100-acre private island in the Virgin Islands.¶

» PHOTOS: The players in the,, of Epstein saga¶

Perhaps as remarkable as hi avish homes is his extensive network of friends and associates at the highest echelons of power. This includes not only socialites but also business tycoons, media moguls, politicians, royalty and Nobel Prize-winning scientists whose research he often funds.¶

‘just like other people collect art, he collects scientists,” said Nowak, who directs the Program for Evolutionary Dynamics at Harvard University and was reportedly the recipient of a $30 million research donation from Epstein.¶

Epstein is said to have befriended former Harvard President Larry Summers, prominent law Professor Alan Dershowitz, Donald Trump and New York Daily News Publisher Mort Zuckerman.¶

And yet he managed for decades to maintain a low profile. He avoids eating out and was rarely photographed.¶

“The odd thing is I never met him,” said Dominick Dunne, the famous chronicler of the trials and tribulations of the very rich. “I wasn’t even aware of him,” except for a Vanity Fair article.¶

Epstein’s friendship with Clinton has attracted the most attention.¶

Epstein met Clinton as early as 1995, when he paid tens of thousands of dollars to join him at an intimate fund-raising dinner in Palm Beach. But from all appearances, they did not become close friends until after Clinton left the Oval Office and moved to New York.¶

Epstein has donated more than $100,000 to Democratic candidates’ campaigns, including John Kerry’s presidential bid, the reelection campaign of New Mexico Gov. Bill and the Senate bids of Joe , Hillary Rodham Clinton, Christopher Dodd and Charles Schumer.¶

Powerful friends and enemies¶

A Vanity Fair profile found cracks in the veneer Epstein’s life story. The 2003 article said he left Bear Stearns in the wake of a federal probe and a possible Securities and Exchange Commission violation. It also pointed out that Citibank once sued him for defaulting on a $20 million loan.¶

The article suggested that one of his business mentors and previous employers was Steven Hoffenberg, now serving a prison term after “bilking investors out of more than $450 million in one of the largest Ponzi schemes in American history.”¶

As he amassed his wealth, Epstein made enemies in disputes both large and small. He sued the man who in 1990 sold him his multimillion-dollar Palm Beach home over a dispute about less than $16,000 in furnishings.¶

A former friend claimed Epstein backed out of a promise to reimburse him hundreds of thousands of dollars after their failed investment in Texas oil wells. A judge decided Epstein owed him nothing.¶

» Jeffrey Epstein: Model prisoner who swept, mopped floors, official says¶

“It’s a bad memory. I would rather not have ever met Jeffrey Epstein,” said Michael Stroll, the retired former president of Electronics and Sega Corp. “Suffice it to say I have nothing good to say about him:¶

Among the characteristics most attributed to Epstein is a penchant for women.¶

He has been linked to Maxwell, a fixture on the high-society party circuits in both New York and London. Previous girlfriends are said to include a former Ms. Sweden and a Romanian model.¶

“He’s a lot of fun to be with,” Donald Trump told New York magazine in 2002. “It is even said that he likes beautiful women as much as I do, and many of them are on the younger side. No doubt about it, Jeffrey enjoys his social life.”¶

Investigation leads to Epstein¶

Although he was not a frequenter of the Palm Beach social scene, he made his presence felt. Among his charitable donations, he gave $90,000 to the Palm Beach Police Department and $100,000 to Ballet Florida.¶

In Palm Beach, he lived in luxury. Three black Mercedes sat in his garage, alongside a Harley-Davidson. His jet waited at a hangar at Palm Beach International Airport. At home, a private chef and a small staff stood at the ready. From a window in his mansion, he could look out on the Intracoastal Waterway and the West Palm Beach skyline. He seemed to be a man who had everything.¶

But extraordinary wealth can fuel extraordinary desires.¶

» Epstei ants to leave jail for mansion in sex-trafficking case¶

In March 2005, a worried mother contacted Palm Beach police. She said another parent had overheard a conversation between their children.¶

Now the mother was afraid her 14-year-old daughter had been molested by a man on the island.¶

The phone call triggered an extensive investigation, one that would lead detectives to Epstein but leave them frustrated.¶

Ac” The investigation began in full after the girl identified Epstein in a phota man who had paid her. Police arranged for garbage trucks to set aside Epstein’s trash so police could sift through it. They set up a video camera to record the comings and goings at his home. They monitored an airport hangar for signs of his private jet’s arrivals and departures.¶

Detectives interviewed the girl, who told them a friend had invited her to a rich man’s house to perform a massage. She said the friend told her to say she was 18 if asked. At the house, she said she was paid $300 after stripping to her panties and massaging the man while he masturbated.¶

Police interview 5 alleged victims¶

Palm Beach police and the state attorney’s office have declined to discuss the case. But a Palm Beach police report detailing the criminal probe offers a window into what detectives faced as they sought to close in on Epstein.¶

They quickly learned that the woman who took the 14-year-old girl to Epstein’s house was a Palm Beach Community College student from Loxahatchee. In a sworn statement at police headquarters,, then 18, admitted she had taken at least six girls to visit Epstein, all between the ages of 14 and 16. E1 paid her for each visit, she said.¶

During the drive back to her house, told detectives, “I’m like a Heidi Fleiss.”¶

Police interviewed five alleged victims and 17 witnesses. Their report shows some of the girls said they had been instructed to have sex with another woman in front of Epstein, and one said she had direct intercourse with him.¶

In October, police searched the Palm Beach mansion. They discovered photos of naked, younglooking females, just as several of the girls had described in interviews. Hidden cameras were found in the garage area and inside a clock on Epstein’s desk, alongside a girl’s high school transcript.¶

Two of Epstein’s former employees told investigators that young-looking girls showed up to perform massages two or three times a day when Epstein was in town.¶

They said the girls were permitted many indulgences. A chef cooked for them. Workers gave them rides and handed out hundreds of dollars at a time.¶

One employee told detectives he was told to send a down roses to one teenage girl after a high school drama performance. Others were given rental cars. One, according to police, received a $200 Christmas bonus.¶

The cops moved to cement their case. But as they tried to tighten the noose, they encountered other forces at work.¶

In Orlando they interviewed a possible victim who told them nothing inappropriate had happened between her and Epstein. They asked her whether she had spoken to anyone else. She said yes, a private investigator had asked her the same questions.¶

» Jeffrey Epstein: Acosta, Krischer trade barbs over sweetheart deal¶

When they subpoenaed one of Epstein’s former employees, he told them the same thing. He and a private eye had met at a restaurant days earlier to go over what the man would tell investigators.¶

{sup}t ’.St•,- .%1C? Detectives received complaints that private eyes were posing as police officers. When they told Epstein’s local attorney, Guy Fronstin, he said the investigators worked for Roy Black, the high-powered Miami lawyer who has defended the likes of Rush Limbaugh and William Kennedy¶

While the private eyes were conducting a parallel investigation, Dershowitz, the Harvard law professor, traveled to West Palm Beach with information about the girls. From their own profiles on the popular Web site MySpace.com, he obtained copies of their discussions about their use of alcohol and marijuana.¶

He took his research to a meeting with prosecutors in early 2006, where he sought to cast doubt on the teens’ reliability.¶

The private eyes had dug up enough dirt on the girls to make prosecutors skeptical. Not only did some of the girls have issues with drugs or alcohol but also some had criminal records and other troubles, Epstein’s legal team claimed. And at least one of them, they said, lied when she told police she was younger than 18 when she started performing massages for Epstein.¶

After the meeting, prosecutors postponed their decision to take the case to a grand jury.¶

In the following weeks, police received complaints that two of the victims or their families had been harassed or threatened. Epstein’s legal team maintains that its private investigators did nothing illegal or unethical during their research.¶

By then, relations between police and prosecutors were fraying. At a key meeting with prosecutors and the defense, Detective Recarey, the lead investigator, was a no-show, according to Epstein’s attorney.¶

“The embarrassment on the prosecutor’s face was evident when the police officeninscr showed up for the meeting: attorney Jack Goldberger said.¶

ffice and Later in April, Recarey walked into a prosecutor’s office at the state atto learned the case was taking an unexpected turn.¶

The prosecutor, Lanna Belohlavek, told Recarey the state attorney’s office had offered Epstein a plea deal that would not require him to serve jail time or receive a felony conviction.¶

Recarey told her he disapproved of the plea offer. -S ,¶

The deal never came to pass, however.¶

Future unclear after charge¶

On May 1, the department asked prosecutors to approve warrants to arrest Epstein on four counts of unlawful sexual activity with a minor and to charge his personal assistant, e , now 27, for her alleged role in arranging the visits. Police officials also wanted to charge , the self-described Heidi Fleiss, with lewd and lascivious acts.¶

By then, the department was frustrated with the way the state attorney’s office had handled the case. On the same day the warrants were requested, Palm Beach Police Chief Michael Reiter wrote a letter to State Attorney Barry Krischer suggesting he disqualify himself from the case if he would not act.¶

Two weeks later, Recarey was told that prosecutors had decided once again to take the case to the grand jury.¶

It is not known how many of the girls testified before the grand jury. But Epstein’s defense team said one girl who was subpoenaed - the one who said she had sexual intercourse with Epstein - never showed up.¶

The grand jury’s indictment was handed down in July. It was not the one the police department had wanted.¶

Instead of being slapped with a charge of unlawful sexual activity with a minor, Epstein was charged with one count of felony solicitation of prostitution, which carries a maximum penalty of five years in prison. He was booked into the Palm Beach County Jail early July 23 and released hours later.¶

Epstein’s legal team “doesn’t dispute that he had girls over for massages,” Goldberger said. But he said their claims that they had sexual encounters with him lack credibility.¶

“They are incapable of being believed,” he said. “They had criminal records. They had accusations of theft made against them by their employers. There was evidence of drug use by some of them.”¶

What remains for Epstein is yet to be seen.¶

The Palm Beach Police Department has asked the FBI to investigate the case. It also has returned the $90,000 Epstein donated in 2004.¶

In New York, candidates for governor and state attorney general have vowed to return a total of at least $60,000 in campaign contributions from Epstein. Meanwhile, Epstein’s powerful friends have remained silent as tabloids and Internet blogs feast on the public details of the police investi at¶

Goldberg ermain at maimssins Epstein’s innocence but says the legal team has not ruled out a future plea deal. He insists Epstein will emerge in the end with his reputation untarnished.¶

“He will recover from this,” he said.¶

Staff writer Larry and staff researchers Bridget Bulger, Angelica Cortez, Amy Hanaway and Melanie Mena contributed to this story.¶

273 / 278 - Tuesday, November 16, 2004¶

Section: A SECTION¶

Page: IA¶

Source: By PAUL OWERS Palm Beach Post Staff Writer¶

Illustration: PHOTO (C & 2 B&W) & MAP (B&W)¶

TRUMP SNAGS GOSMAN ESTATE FOR $41 MILLION¶

When it came time to bid Monday for the palatial Palm Beach digs of Abe Gosman, The Donald was not about to be trumped.¶

“Nobody was going to outbid me,” the brash developer-turned-TV-personality said from his New York office.¶

Trump bested two other bidders with a $41.35 million offer for the 43,000-square-foot, seven-bedroom estate on 6 oceanfront acres along the storied “Raider’s Row.”¶

But Trump, 58, proud possessor of Mar-a-Lago, has no plans to live in the Gosman home at 513 N. County Road. He wants to - what else? - sell it and make more money.¶

The star of the mega-hit The Apprentice said he intends to redevelop the site into a “super luxury house” that would be the “finest anywhere in the United States.” He might build another house before flipping the entire package.¶

“I’ve known about this house for quite some time,” Trump said. “It’s probably the best piece of land in Florida - and probably the country - for luxury real estate.”¶

Altho p said he could subdivide the property into nine lots, Palm Beach Mis Leslyies maid zoning regulations allow for only two houses - and maybe a third. said she’s not worried about Trump’s plans.¶

“He’s been a very good property owner in the town of Palm Beach,” she said. “He does his projects very well. He’s a perfectionist.”¶

Monday’s auction took place at U.S. Bankruptcy Court in West Palm Beach as part of Gosman’s Chapter 7 bankruptcy case. Proceeds from the sale will go into escrow for eventual distribution to creditors.¶

The auction began at exactly noon after Judge Steven dismissed an objection from an attorney representing money manager Jeffrey Epstein. The lawyer argued unsuccessfully that Trump was not a qualified bidder because his contract stipulated that he would not close on the sale unless title insurance was in place beforehand.¶

With Trump listening via conference call, Epstein began the bidding at $37.25 million - $250,000 higher than Trump’s initial offer.¶

Mark Puke, son of the founder of home-building giant Pulte Homes, passed when his turn came, letting lawyers for Trump and Esptein bid against each other until the price hit $38.85 million.¶

Pulte then bid $39.1 million, briefly raising the ire of Trump, who believed that Puke had given up his right to bid by passing the first time.¶

But allowed the offer to stand, and Puke and Trump went back and forth until Pulte dropped out at $41.1 million. Epstein, a part-time Palm Beach resident, bowed out at $38.6 million.¶

closed the bidding 10 minutes after it started, leaving Trump with the right to buy the 29.000-square-foot home (a typical Palm Beach County single-family house is about 2,200 square feet). The property also has a tennis house, a pool house and 1930s-era service quarters.¶

The closing could take place within a week but probably won’t happen until next month.¶

Trustee Joe Luzinski and creditors said they were pleased with the outcome.¶

“We knew we were dealing with some substantial people . who were going to bid it up a bit,” Luzinski said.¶

“The system worked,” said Charles Tatelbaum, a lawyer for creditor JPMorgan Chase Bank.¶

“In bankruptcy court, the idea is to get the most for creditors, and that’s what happened.”¶

The auction proved to be a bonanza for creditors, Luzinski said, noting that the highest offer former listing agent Sotheby’s International Realty received was $32 million. Sotheby’s won’t receive a commission, he said.¶

Pulte, 42, of Boca Raton, said he figured Trump wouldn’t back down Monday.¶

“I got the feeling he was willing to go a lot higher, and I didn’t want to chase it,” Pulte said.¶

Puke said Gosman asked him before the auction whether he would be willing to let him stay in the mansion after the closing until he decides where he wants to move. Trump and Luzinski said they have had no such discussions with Gosman.¶

Gosman, 75, had the house built after paying $12.1 million for the land in 1986.¶

The former health-care magnate declined interview requests before and after the auction Monday. He was at the courthouse but left before the auction took place.¶

The $41.35 million price tag eclipses the $30.35 million sale of Lowell “Bud” Paxson’s Palm Beach home and guest house but falls short of the $45 million that Virginia home builder Dwight Schar paid for Ron Perelman’s 26,000-square-foot estate, Casa Apava, a designated landmark.¶

Schar also paid $18.6 million for a lakefront lot across the street from the main house, for a total of $63.6 million. Insiders say Schar spent a total of $70 million for his new property, making it the priciest residential sale in U.S. history.¶

Gasman once had a fortune that Forbes magazine estimated at $480 million. He voluntarily filed for Chapter 11 bankruptcy protection in 2001, listing assets of $250 million and liabilities of $233.6 million.¶

When a judge ruled that Gosman had to give up all of his exempt assets to creditors if he wanted to reorganize under Chapter 11, Gosman converted the case to Chapter 7 liquidation.¶

Last year, U.S. Bankruptcy Judge Larry Lessen ruled that Abe and Lin Gosman’s marriage is invalid because Florida law does not recognize a Dominican Republic divorce that Lin Gosman tried to obtain from another man, Michael Castre.¶

The judge’s decision was a huge victory for creditors because it prevents Abe Gosman from protecting assets by claiming joint ownership with his wife. Gosman’s assets, which include an extensive collection of artwork, could total as much as $70 million and will be sold later. Without Lessen’s ruling, Luzinski would have had a much harder time selling Gosman’s estate, said David Cimo, special counsel for the trustee.¶

“We would have been thwarted … or at least substantially impaired.” Cimo said.¶

The trustee alleged during a weeklong trial in May that Gosman fraudulently gave his wife an ownership interest in his home and other belongings only to avoid losing them in bankruptcy. Gosman has denied any wrongdoing, saying he made the property transfers in 1999, well before he filed for bankruptcy.¶

Lessen is expected to rule in the next two months whether Gosman made improper transfers, a decision that will affect how much money will be available to creditors.¶

Cimo acknowledged that Monday wasn’t the best of days for the Gosmans but said they were willing to move forward, in part because the upkeep of the estate now exceeds their means. “This is not a happy occasion for them, but at least we’re moving to the next level,” Cimo said. “That’s not a house you want to live in unless you’re making large amounts of money like Donald Trump.”¶

paul_owers®pbpost.com¶

1. C/1

The Palm Beach Post REAL NEWS STARTS HERE¶

Indictment: Billionaire Solicited 3 Times¶

Updated Oct 2, 2019 at 2:30 PM¶

(EDITOR S NOTE: This story originally published in The Palm Beach Post on July 25, 2006)¶

Billionaire money manager and Palm Beach pan-time resident Jeffrey E0tein solicited or procured prostitutes three or more times between Aug. 1 and Oct. 31 of last year, according to an indictment charging him with felony solicitation of prostitution.¶

Epstein, 53, was booked at the Palm Beach Coun was released on $3,000 bond. at at :45 a.m. Sunday. He¶

Epstein’s case is unusual in that suspected bts2ttution johns are usually charged with a misdemeanor, and even a felony charge is typically made in a criminal information - an alternative to ate tnnent charging a person with the commission of a crime.¶

c 14/ His attorney, Jack Goldberg, declined to discuss the charge.¶

State attorney’s offic p3kesman Mike Edmondson also had little to say.¶

“Generally speaieing, there is a case that has a number of different aspects to it,” Edmondson said of a prostitution-related charge being submitted to a grand jury. “We first became aware of the case months ago by Palm Beach police.”¶

Prosecutors and police worked together to bring the case to the grand jury, he said.¶

Palm Beach police confirmed that and said the department will release a report today regarding its investigation.¶

Epstein has owned a five-bedroom, 7 1/2-bath, 7,234-square-foot home with a pool and a boat dock on the Intracoastal Waterway since 1990, according to property records. A man answering the door there Monday said that Epstein wasn’t home. A Cadillac Escalade registered to him was parked in the driveway, which is flanked by two massive gargoyles.¶

Epstein sued Property Appraiser Gary Nikolits in 2001, contending that the assessment of his home exceeded its fair market value. He dismissed his lawsuit in December 2002.¶

A profile of Epstein in Vanity Fair magazine said he owns what are believed to be the largest private homes in Manhattan - 51,000 square feet - and in New Mexico - a 7,500-acre ranch. Those are in addition to his 70-acre island in the U.S. Virgin Islands and fleet of aircraft.¶

Epstein’s friends and admirers, according to the magazine, include prominent businessmen, academics and scientists and famed Harvard law professor Alan Dershowitz.¶

The Palm Beach Post REAL NEWS STARTS HERE¶

After long probe, billionaire faces solicitation charge¶

Posted Jul 27, 2006 at 12:01 AM¶

Updated Oct 3, 2019 at 3:11 PM¶

(EDITOR’S NOTE: This story originally published in The Palm Beach Post on July 26, 2W6)¶

Palm Beach billionaire Jeffrey Epstein paid to have underage girls and young women brought to his home, where he received massages and sometimes sex, according to an investigation by the Palm Beach Police Department.¶

Palm Beach police spent months sifting through Epstein’s trash and watching his waterfront home and Palm Beach International Airport to keep tabs on his private jet. An indictment charging Epstein, 53, was unsealed Monday, charging him with one count of felony solicitation of prostitution.¶

Palm Beach police thought there was probable cause to charge Epstein with unlawful sex acts with a minor and lewd and lascivious molestation.¶

Police Chief Michael Reiter was so angry with State Attorney Barry Krischer’s handling of the case that he wrote a memo suggesting the county’s top prosecutor disqqcfy himself.¶

“I must urge you to examine the unusual course that your office’s handling of this matter has taken and consider if good and sufficient reason exists to require your disqualification from the prosecution of these cases,” Reiter wrote in a May 1 memo to Krischer.¶

While not commenting specifically on the Epstein case, Mike Edmondson, spokesman for the state attorney, said his office presents cases other than murders to a grand jury when there are questions about witnesses’ credibility and their ability to testify.¶

By the nature of their jobs, police officers look at evidence from a “one-sided perspective,” Edmondson said. “A prosecutor has to look at it in a much broader fashion,” weighing the veracity of witnesses and how they may fare under defense attorneys’ questioning, he said.¶

Epstein’s attorney, Jack Goldberger, said his client committed no crimes.¶

“The reports and statements in question refer to false accusations that were not charged because the Palm Beach County state attorney questioned the credibility of the witnesses,” Goldberger said. A county grand jury “found the allegations wholly unsubstantiated and not credible,” and that’s why his client was not charged with sexual activity with minors, he said.¶

Goldberger said Epstein passed a lie detector test administered by a reputable polygraph examiner in which he said he did not know the girls were minors. Also, a search warrant served on Epstein’s home found no evidence to corroborate the girls’ allegations, Goldberger said.¶

According to police documents:¶

• A Palm Beach Community Colle student said she gave Epstein a massage in the nude, then brought him six gi es 14 to 16, for massage and sex-tinged sessions at his home.
• A 27-year-old woman who worked as Epstein’s personal assistant also facilitated the liaisons, phoning the PBCC student to arrange for girls when Epstein was coming to town. And she escorted the girls upstairs when they arrived, putting fresh sheets on a massage table and placing massage oils nearby.
• Police took sworn statements from five alleged victims and 17 witnesses. They contend that on three occasions, Epstein had sex with the girls.

A money manager for the ultra-rich, Epstein was named one of New York’s most eligible bachelors in 2003 by The New York Post. He reportedly hobnobs with the likes of former President Clinton, former Harvard University President Summers and Donald Trump, and has lavish homes in Manhattan, New Mexico and the Virgin Islands.¶

He has contributed tens of thousands of dollars to Democratic Party candidates and organizations, including Sen. John Kerry’s presidential bid, and the Senate campaigns of Joen, Hillary Clinton,MIS Dodd and Charles Schumer.¶

k Cic;C)¶

Goldberger is one of five attorneys Epsteika retained since he became the subject of an investigation, Edmondson said. Among the others: Alan Dershowitz, the well-known Harvard law professor and author, who is a friend of Epstein. Dershowitz could not be reached for comment.¶

Police said the woman who enlisted young girls for Epstein was 20, of= Palm Beach. has worked at an Olive Garden restaurant in Wellington and said she was a journalism major at Palm Beach Community College when she was questioned by police last October. She has an unlisted phone number and could not be reached for comment.¶

a said she met Epstein when, at age 17, a friend asked her if she would like to make money giving him a massage. She said she was driven to his fivebedroom, 7 1/2-bath home on the Intracoastal Waterway, then escorted upstairs to a bedroom with a massage table and oils. Epstein and were both naked during the massage, she said, but when he grabbed her buttocks, she said she didn’t want to be touched.¶

Epstein said he’d pay her to bring him more girls - the younger the better, = told police. When she tried once to bring a 23-year-old woman to him, Epstein said she was too old, said.¶

=, who has not been charged in the case, said she eventually brought six girls to Epstein who were paid $200 each time= said. I’m like a Heidi Fleiss,” police quoted her as saying. The girls knew what to expect when they were taken to Epstein’s home= said. Give a massage - maybe naked - and allow some touching.¶

One 14-year-old girl= took to meet Epstein led police to start investigation of him in March 2005. A relative of the girl called to s thought the child had recently engaged in sex with a Palm Beach man. e girl then got into a fight with a classmate who accused her of being a prostitute, and she couldn’t explain why she had $300 in her purse.¶

The girl gave police this account of her meeting with Epstein:¶

She accompanied= and a second girl to Epstein’s house on a Sunday in February 2005. Once there, a woman she thought was Epstein’s assistant told the girl to follow her upstairs to a room featuring a mural of a naked woman, several photographs of naked women on a shelf, a hot pink and sofa and a massage table.¶

She stripped to her bra and panties and gave him a massage.¶

Epstein gave the 14-year-old $300 and she and the other girls left, she said. She said = told her that Epstein paid her $200 that day.¶

Other girls told similar stories. In most accounts, Epstein’s personal assistant at the time, , now 27, escorted the girls to Epstein’s bedroom.¶

whose most recent known address is in North Carolina, has not been charged in the case.¶

Palm Beach police often conducted surveillance of Epstein’s home, and at Palm Beach International Airport to see if his private jet was there, so they would know when he was in town. Police also arranged repeatedly to receive his trash from Palm Beach sanitation workers, collecting papers with names and phone numbers, sex toys and female hygiene products.¶

One note stated that a female could not come over at 7 p.m. because of soccer. Another said a girl had to work Sunday - “Monday after school?” And still another note contained the work hours of a girl, saying she leaves school at 11:30 a.m. and would come over the next day at 10:30 a.m.¶

Only three months before the police department probe began, Epstein donated $90,000 to the department for the purchase of a firearms simulator, said Jane Struder, town finance director. The purchase was never made. The mac was returned to Epstein on Monday, she said. O¶

,S{sup}P¶

Palm Beach Daily News¶

Police say lawyer tried to discredit teenage girls¶

Posted Jul 29, 2006 at 12:01 AM¶

Updated Oct 3, 2019 at 2:00 PM¶

(EDITOR’S NOTE: This story originally was published in The Palm Beads Pond)? 29, 2000¶

Famed Harvard law professor Alan Dershowitz met with the Patin Beach County State Attorney’s Office and provided damaging information about teenage girls who say they gave his client, Palm Beach billionaire Jeffrey T1pa sexually charged massages, according to police reports.¶

The reports also state that another Epstein attorn’reed ‘Cl to a plea bargain that would have allowed Epstein to have no k I’crialrecord. i His current attorney denies this happened.¶

And the documents also reveal tha I e t ather of at least one girl complained that private investigators aggressively followed his car, photographed his home and chased off visitors.¶

Police also talked to somebody who said she was offered money if she refused to cooperate witI\ the Palm Beach Police Department probe of Epstein.¶

The scat alto office said it presented the Epstein case to a county grand jury this month rather than directly charging Epstein because of concerns about the girls’ credibility. The grand jury indicted Epstein, 53, on a single count of felony solicitation of prostitution, which carries a maximum penalty of five years in prison.¶

Police believed there was probable cause to charge Epstein with the more serious crimes of unlawful sex acts with a minor and lewd and lascivious molestation. Police Chief Michael Reiter was so angry that he wrote State Attorney Barry Krischer a memo in May suggesting he disqualify himself from the case.¶

The case originally was going to be presented to the grand jury in February, but was postponed after Dershowitz produced information gleaned from the Web site myspace.com showing some of the alleged victims commenting on alcohol and marijuana use, according to the police report prepared by Detective= Recarey.¶

a 20-year-old =Palm Beach woman who told police she recruited girls for Epstein, also is profiled on myspace.com. Her page includes photos of her and her friends, including one using the name “Pimpin’ Made EZ.” who was not charged in the case, is a potential prosecution witness.¶

According to Recarey, prosecutor Lanna Belohlavek offered Epstein attorneys Dershowitz and Guy Fronstin a plea deal in April. Fronstin, after speaking with Epstein, accepted the deal, in which Epstein would plead guilty to one count of aggravated assault with intent to commit a felony, be placed on five years’ probation and have no criminal record. The deal also called for Epstein to submit to a psychiatric and sexual evaluation and have no unsupervised visits with minors, according to Recarey’s report. The plea bargain was made in connection with only one of the five alleged victims, the report states.¶

Fronstin - who declined to comment on the case - was subsequently fired and veteran defense attorney Jack Goldberger was hired. He denies there was any agreement by any of Epstein’s attorneys to a plea deal.¶

“We absolutely did not agree to a plea in this case,” he said. Neither Belohlavek nor a state attorney’s spokesman could be reached for comment.¶

The parent or parents of alleged victims who complained of being harassed by private investigators provided license tag numbers of two of the men. Police found the vehicles were registered to a private eye in West Palm Beach and another in Jupiter, according to Recarey’s report.¶

“I have no knowledge of it,” defense attorney Goldberger said.¶

The report also says a woman connected to the Epstein case was contacted by somebody who was still in touch with Epstein. That person told her she would be compensated if she didn’t cooperate with police, Recarey’s report says. Those¶

who did talk “will be dealt with,” the woman said she was told. Phone records show the woman talked with the person who allegedly intimidated her around the time she said, Recarey reported.¶

Phone records also show that the person said to have made the threat then placed a call to Epstein’s personal assistant, who in turn called a New York corporation affiliated with Epstein, the report states.¶

The issue in the Epstein case is not whether females came to his waterfront home, but whether he knew their ages.¶

“He’s never denied girls came to the house,” Goldberger said. But when Ep. was given a polygraph test, “he passed on knowledge of age,” the attorney said.¶

After the indictment against Epstein was unsealed this week, Police Chief Reiter referred the matter to the FBI. “We’ve received the referral, and we’re reviewing it,” said FBI spokeswoman Judy Orihuela in Miami.¶

The chief himself has come under attack from Epalawyers and friends in New York, where he has a home. The New York Post quoted Epstein’s prominent New York lawyer, Gerald Lefcourt, as saying his client was indicted only “because of the craziness of the police chief.”¶

Reiter has declined to comment on the case.¶

Prosecutors have not presented a sex-related case like Epstein’s to a grand jury before, said Mike Edmondson, spokesman for the state attorney’s office. “That’s what you do with a case that falls into a gray area: he said.¶

The state attorney’s office did not recommend a particular criminal charge on which to indict Epstein, Edmondson said. The grand jury was presented with a list of charges from highest to lowest, then deliberated with the prosecutor out of the room, he said.¶

“People are surprised at the grand jury proceeding,” West Palm Beach defense attorney Richard Tendler said. “It’s a way for the prosecutor’s office to not take the full responsibility for not filing the (charge), and not doing what the Palm Beach Police Department wanted. I think something fell apart with those underage witnesses.”¶

Defense attorney Robert Gershman was a prosecutor for six years. “Those girls must have been incredible or untrustworthy, I don’t know,” he said.¶

Other attorneys said Epstein’s case raises the issue of whether wealthy, connected defendants like Epstein - whose friends include former President Clinton and Donald Trump - are treated differently from others. Once he knew he was the subject of a criminal probe, Epstein hired a phalanx of powerful attorneys such as Dershowitz and Lefcourt, who is a past president of the National Association of Criminal Defense Lawyers.¶

Miami lawyer Roy Black - who became nationally known when he su N e fully defended William Kennedy= on a rape charge in Palm Beacl a c ts involved at one point.¶

C Said defense attorney= Suskauer: “I think it’s unfortunate the public may get the perception that with power, you may be treated differently than the average Joe.”¶

\ 4 9%1¶

The Palm Beach Post REAL NEWS STARTS KERE¶

Expert: Ignorance of age isn’t defense in sex cases¶

Posted Aug 5, 2006 at 12:01 AM¶

Updated Oct 3, 2019 at 1:38 PM¶

(EDITOR’S NOTE: This story originally published in The Palm Beach Post on Aug. 5, 2006)¶

Even if Palm Beach money manager Jeffrey Epstein didn’t know that girls who police say gave him sexual massages at his Intracoastal home were under the legal age, that alone wouldn’t have exempted him from crimin cha ges of sexual activity with minors.¶

“Ignorance is not a valid defense,“iad \tob elde, a legal skills professor who was a Lake City prosecutor for nearly 30 years, half of that time specializing in sex crimes against children.¶

“There is no knowledge element as far as the age is concerned,” Dekle said.¶

After an 11-month investigation, Palm Beach police said there was probable cause to charge Epstein, 53, with unlawful sex acts with a minor and lewd and lascivious molestation. They contend that Epstein - friend of the rich and famous and financial patron of Democratic Party organizations and candidates - committed those acts with five underage girls.¶

In the past week, New York Attorney General and gubernatorial candidate Eliot Spitzer has returned about $50,000 in campaign contributions he received from Epstein, and Mark , a candidate to replace Spitzer in his current job, has returned S10,000 to him because of the Palm Beach scandal, the New York Daily News has reported.¶

Rather than file charges, the state attorney’s office presented the case to a county grand jury. The panel indicted Epstein last week on a single, less serious charge of felony solicitation of prostitution.¶

The case raised eyebrows because the state attorney’s office rarely, if ever, kicks such charges to a grand jury. And it increases the difficulty of prosecuting child sex abuse cases; especially when the defendant is enormously wealthy can hire high-priced, top-tier lawyers.¶

At least one of Epstein’s alleged victims told police he knew she was underage when the two of them got naked for massages and sexual activity. She was 16 years old at the time and said Epstein asked her questions about her high school, according to police r¶

A girl who said she met E when she was 15 said he told her if she told anybody what happened at his house, bad things could happen, the police reports state.¶

• My daughter has kept a lot of what happened from me because of sheer embarrassment,” he said. “But she very much looked 14. Any prudent man would have had second thoughts about that.”

Epstein’s youngest alleged victim was 14 when she says she gave him a massage that included some sexual activity. She is now 16. The girl’s father says he doesn’t know whether she told Epstein her age.¶

Defense attorney Jack Goldberger maintains that not only did Epstein pass a polygraph test showing he did not know the girls were minors, but their stories weren’t credible. The state attorney’s office also implied that their credibility was an issue when it decided not to charge Epstein directly, but instead give the case to the grand jury.¶

“A prosecutor has to look at it in amuch broader fashion,” {sup}a state attorney’s spokesman said last week.¶

L¶

Epstein hired Harvard law Professor Alan bershowitz when he became aware he was under investigation, and Dershowitz gave prosecutors information that some of the alleged victims had spoke of using alcohol and marijuana on {sup}apopular Web site, according to aPalm Beach police report.¶

Prosecutors typically consider two things in deciding whether to charge somebody with sex-related offenses against minors - whether there is sufficient evidence and whether there is a public interest in doing so, Dekle said.¶

If two teens are in asexual relationship and the boy turns {sup}18before the girl, he could be charged with {sup}asex crime if the sex continues. There would be no public interest in pursuing that, Dekle said.¶

But where there is alarge gap in ages - and especially in cases of teachers with students - there is apublic interest in prosecuting, he said. Likewise if the accused has atrack record of sex with minors.¶

Still there is a “universal constant” in prosecuting these cases, Dekle said. Men who exploit underage children for sex often carefully choose their victims in ways that will minimize the risk to them, he said.¶

Victims usually are from alower social status, and they may suffer from psychological problems, Dekle said.¶

“Lots of child sexual abuse victims have been victimized by multiple people over {sup}aperiod of time. Then the act of abuse produces behavior in the victims that further damages their credibility? Examples include promiscuous behavior and drug abuse.¶

Some of the alleged victims in the Epstein case returned to his home multiple times for the massage sessions and the $200 to $300 he typically paid them per visit. “That would be a definite problem for the prosecutor,* said Betty Resch, who prosecuted crimes against children in Palm Beach County for five years and novyisyg private practice in Lake Worth.¶

“The victim becomes less {sup}c ympathetic” ase to ajury, Resch said. “But she’s a victim nevertheless. She’s akid.”¶

Most men charged with sex crimes against minors look normal, Dekle said. A jury expecting to see a monster seldom will. And the victims’ ages work against them and in favor of the defendant in atrial, Dekle said.¶

If a child and an adult tell different stories and both swear they’re telling the truth, adult jurors are more likely to believe the adult, nettle said.¶

“You have all these things working against you in achild sex abuse case. Prosecutors normally try to be very careful in filing those cases because they know what they’re getting into. There is no such thing as an iron-clad child sexual abuse case.”¶

The Palm Beach Post Pik IDS STORM ERE¶

Epstein camp calls female accusers liars¶

Posted Aug 8, 2006 at 12:01 AM¶

Updated Oct 3, 2019 at 3:35 PM¶

Palm Beach Post on Aug. 8, 2006)¶

Attorneys and publicists for Palm Beach financier Jeffr Epstein went on the offensive Monday, contending tha teenage girls who have accused Epstein of sexual shenanigans at his waterfront home are liars and saying that the Palm Beach Police Department is “childish?¶

“There never was any sex between Jeffrey Epstein and any underage women,” his lead attorney, Jack Goldberger, said from Idaho where he was vacationing with his family.¶

Epstein did have young women come to his house to give him massages, Goldberger said. “Mr. Epstein absolutely insisted anybody who came to his house be over the age of 18. How he verified that, I don’t know. The question is, did anything illegal occur. The law was not violated here.”¶

He had no explanation as to why Epstein would pay girls or women with no massage training - as the alleged victims said was the case - $200 to $300 for their visits. “The credibility of these witnesses has been seriously questioned: Goldberger said.¶

Epstein, 53, was indicted by a county grand jury last month on a charge of felony solicitation of prostitution. After an 11-month investigation that included sifting through Epstein’s trash and surveilling his home, Palm Beach police concluded there was enough evidence to charge him with sexual activity with minors. When the grand jury indicted¶

Epstein on the less serious charge, Police Chief Michael Reiter referred the case to the FBI to determine whether there were federal law violations.¶

After a spate of stories about the case last week, New York publicist Dan Klores - whose client list has included Paris Hilton and Jennifer - said on Saturday that Epstein’s camp was ready “to get their story out.”¶

They did that Monday via Goldberger and aLos Angeles publicist for Miami criminal defense attorney Roy Black, .AL, who also has represented Epstein in the case.¶

IS’ “We just think there has been adistorted view of thisce in the media presented by the Palm Beach police,” Goldberger said.¶

Reiter has consistently declined to conkekty the case and did not respond to arequest r comment Monday.¶

The implication that State Attorney Barry Krischer was easy on Epstein by presenting the case to agrand jury rather than filing charges directly against him is wrong, Goldberger said.¶

The Palm Beach Police Department was “happy and ecstatic” that the panel was going to review the evidence. “I think what happened is they weren’t happy with the result. They decided to use the press to embarrass Mr. Epstein.”¶

But records show that Reiter wrote Krischer on May I well before the case went to the grand jury - suggesting that Krischer “consider if good and sufficient reason exists to require your disqualification from the prosecution of these cases.”¶

Rather than flat-out decline to charge Epstein, Krischer 4,41 referred the case to the grand jury to “appease” the chie Goldberger said.¶

)¶

A state attorney’s spokesman would say only that the office refers cases to the grand jury when there are issues with the viability of the evidence or witnesses’ credibility.¶

Both the state attorney and the grand jury concluded there was not sufficient evidence that Epstein had sex with minors, according to Goldberger. “It was just a childish performance by the Palm Beach Police Department,” Goldberger said.¶

The defense attorney said one of the alleged victims who claimed she was a minor was in fact over the age of 18.¶

Another alleged victim who was subpoenaed to testify to the grand jury failed to do so. Epstein’s accusers, he added, have histories of drug abuse and thefts. ‘These women are liars. We’ve established that.”¶

But why would they all invent their stories about meeting Epstein for sexual massages?¶

“I don’t have an answer as to what was the motivation for these women to come forward and make these allegations,” Goldberger said.¶

Palm Beach chief focus of fire in Epstein case¶

Reiter focus of fire in Epstein case¶

Clipped By:¶

reiter_m Sat, Apr 22, 2017¶

The Palm Beach Post REAL NEWS STARTS ME¶

Delays in Epstein case unusual, lawyers say¶

Posted Mar 13, 2007 at 12:01 AM¶

Updated Oct 3, 2019 at 3:48 PM¶

(EDITORS NOTE: This story originally published in The Palm Aic Beach Post March 13, 2007)¶

A federal probe or a plea deal could explain the wait ineS Palm Beacher’s solicitation case.¶

Nearly eight months after Palm Beach tycoon Jeffrey Epstein was charged with felony solicitation of prostitution, there has been no discernible progress in his case. No witnesses deposed. No trial date set. Nothing, save for routine court hearings reset itliV explanation.¶

“Usually that would b et sual, said criminal defense attorney Glenn Mitchell, ho has no involvement in the case.¶

‘As a general rule, it would be unusual for nothing to have happened; agreed Michael Dutko, a criminal defense attorney in Fort Lauderdale. He representsMa, 20, of Palm Beach, potentially a key witness in the case.¶

A routine hearing for Epstein was pulled from the court docket last week and reset for May 16. The delays and inaction could be due to a potential federal probe of Epstein or because a plea deal is in the works, attorneys say.¶

Unusual is the word that best describes everything about the case against Epstein, 54, an enigmatic money manager in New York City who counts Bill Clinton and Donald Trump among his friends.¶

“Highly unusual” is how Palm Beach Police Chief Michael Reiter described State Attorney Barry Krischer’s handling of the case in a bluntly critical letter to Krischer last year before Epstein was indicted.¶

Reiter referred the matter to the FBI to determine whether any federal laws had been violated. Epstein’s allies countered by attacking the chief personally and professionally.¶

Reiter’s department investigated Epstein for 11 months. Police sifted repeatedly through his trash and conducted surveillance on his five-bedroom, 7 1/2-bath, 7,234-sq foot home on the Intracoastal Waterway.¶

Police said Epstein paid women and girls as young as 14 to give him erotic massages at his home. Police thought there was probable cause to charge him with unlawful sex acts with a minor and lewd and lascivious molestation.¶

Epstein responded by hiring a phalanx of lawyers. One of them, Harvard law professor and author Alan Dershowitz, provided the state attorney’s office with information about alcohol and marijuana use by some of the girls who said they were with Epstein.¶

Prosecutors then referred the case to the grand jury rather charges directly against Epstein.¶

At… \ Opstein’s attorneys deny he had sex with underage girls. The lawyers say the girls’ stories are not credible. But if the court file is any indicator, they’ve made no effort to depose the girls.¶

Neither prosecutors nor defense attorneys have sought to question , said Dutko, her attorney. She recruited teenage girls to visit Epstein for massages and sexual activity, Palm Beach police said, and presumably would be a key witness.

¶

Epstein’s attorney Jack Goldberger did not return phone messages.¶

A source close to the case suggested it is languishing pending a decision by the FBI on whether to refer it to federal prosecutors.¶

“We still have a pending case,” FBI spokeswoman Judy Orihuela said Monday.¶

State Attorney Krischer did not return a call for comment. His spokesman, Mike Edmondson, declined to say whethe federal investigators are delaying the Epstein case. But, O added, “if another agency is looking at something, wouldn’t want to step on their toes.”¶

Attorneys say inertia in a criminal case often points to a pending plea deal.¶

/ 4414/. “It would not surprise me if something has happened that’s not reflected in the court file,” said Dutko, such as an agreement that will be formalized later.¶

Defense attorney Marc Shiner said defense attorneys sometimes put off overtly conducting discovery — deposing witnesses, requesting documents and the like — because doing so creates more work for harried prosecutors who may become angry and not offer a plea deal.¶

“Sometimes defense lawyers, knowing that, will try and do discovery without taking depositions,” said Shiner, a former prosecutor for 13 years.¶

Instead, they may conduct a below-the-radar probe such as having a private investigator check out leads, he said.¶

Shiner and others say a plea deal for Epstein probably would result in pretrial intervention, in which a defendant may be ordered to undergo a psychological evaluation, counseling or other conditions in return for dropping the charge.¶

Edmondson, spokesman for State Attorney Krischer, said there is no plea offer and no request for the prosecution to show its cards.¶

“To my knowledge, it’s never happened before on a filed case,” he said.¶

Section: LOCAL.¶

Page: 5B¶

Source: The Associated Press¶

Illustration: PHOTO (B&W)¶

Dateline: NEW YORK¶

WOMAN SUES BILLIONAIRE INVESTOR, SAYS THEY HAD SEX WHEN SHE WAS 16¶

A billionaire investor, already facing jail in Palm Beach County on charges of soliciting underage prostitutes, is being sued by a young woman who says he had sex with her when she was 16 and had sought his help becoming a model.¶

The lawsuit, filed late Tuesday in Manhattan’s state Supreme Court, says financier Jeffrey Epstein had the teen perform a sex act when she brought photographs of herself for hint to review in his Upper East Side mansion sometime in 2000.¶

Epstein, 54, a money manager, told the teen he managed fmances for Victoria’s Secret and “could get you into the catalog” if she were “nice” to him, court papers e papers say being “nice” included maccages and other favors.¶

When the girl told Epstein, “I am 16 years old and just want model,” he replied, “Don’t worry, I won’t tell anybody,” court papers say.¶

Epstein, said by London’s Mail on Sunday to be a close friend of England’s Prince Andrew, has been indicted in Palm Beach on charges of soliciting underage prostitutes. That case is pending.¶

The girl visited Epstein “several times over the several months and engaged in bizarre and unnatural sex acts” while she was a minor, the lawsuit says.¶

Epstein “repeatedly requested that (the girl) return with her 14-, 15-, and 16-year-old girlfriends. stating, ‘Come by with your friends your age next time. Don’t bring Sherrie (a mutual friend in her 40s). I love girls your age.’”¶

The young woman, now 23, kept returning to Epstein because she has “mental issues,” said her lawyer, William I. Unroch. He refused to elaborate, but court papers say she was “disabled as a result of severe mental disease and defect.”¶

Epstein’s lawyer in New York, Gerald Lefcourt, said, “The girl has admitted she is insane, but she can read a newspaper and recognize the word ‘rich.’”¶

Lefcourt also said the statute of limitations has expired for the woman’s case criminally and civilly, and will almost certainly be dismissed.¶

Ile refused to comment on Epstein’s Florida charges.¶

Meanwhile, Unroch, 57, also acknowledged that his client was living with hint and was at the center of a $10 million lawsuit he filed last year against a neighbor who said he was having sex with underage girls. That case is pending.¶

“What she was doing at 22 is irrelevant to what happened to her when she was 16,” Unroch said¶

Wednesday. He went on the say he hoped Epstein would agree to “do right” by his client and resolve the case out of court.¶

The Palm Beach Post REAL, STARTS IRE¶

Palm Beacher pleads in sex case¶

Updated Oct 3, 2019 at 1:47 PM¶

Palm Beach Post on July 1, 2W8)¶

Jeffrey Epstein will serve 1 1/2 years on teen solicitation charges.¶

He lives in a Palm Beach waterfront mansion and has kept company with the likes of President Clinton, Prince Andrew and Donald Trump, but investment banker Jeffrey Epstein will call the Palm Beach Count}J i-h me for the next 18 months.¶

<c\ Epstein, 55, pleaded guilty WS),t felony solicitation of prostitution and procuring a person under the age of 18 for prostitution. After serving 18 months in jail, he will be under house arrest for a year. And he will have a lifelong obligation to register as a sex offender. He must submit to an HIV test within 48 hours, with the results being provided to his victims or their parents.¶

As part of the plea deal, federal investigators agreed to drop their investigation of Epstein, which they had taken to a grand jury, two law enforcement sources said.¶

Epstein was indicted two years ago after an 11-month investigation by Palm Beach police. They received a complaint from a relative of a 14-year-old girl who had given Epstein a naked massage at his five-bedroom, 7,234 square-foot, $8.5 million Intracoastal home.¶

Police concluded that there were several other girls brought in 2004 and 2005 to an upstairs room at the home for similar massages and sexual touching.¶

The indictment charged Epstein only with felony solicitation of prostitution. The state attorney’s office later added the charge of procuring underage girls for that purpose.¶

Prosecutor Lanna Belohlavek said of the plea: “I took into consideration the length the trial would have been and witnesses having to testify’ about sometimes embarrassing incidents.¶

Epstein may have made a serious mistake soon after he was charged. He rejected an offer to plead guilty to one count of aggravated assault with intent to commit a felony, according to police documents. He would have gotten Ma.) years’ probation, had no criminal record and not hew) registered sex offender, the documents indete.¶

Epstein arrived in court Monday with kasethree attorneys. He wore a blue blazer, blue shirt, blue jeans and and gray sneakers. After Circuit Judge Deborah Dale Pucillo accepted the plea, he was fingerprinted. Epstein then removed his blazer and was handcuffed for the trip to jail while his attorneys tried to shield him from photographers’ lenses.¶

When he eventually is released to house arrest, Epstein will have to observe a 10 p.m. to 6 a.m. curfew, have no unsupervised contact with anyone younger than 18 and neither own nor possess pornographic or sexual materials ‘that are relevant to your deviant behavior: the judge said.¶

Epstein will be allowed to leave home for work. The New York-based money manager told the judge he has formed the not-for-profit Florida Science Foundation to finance scientific research. “I’m there every day: Epstein said.¶

The foundation was incorporated in November. Epstein said he already has awarded money to Harvard and MIT.¶

When he is released from jail, there is a chance that Epstein will be forced to move. Sex offenders are not allowed to live within 1,000 feet of a school, park or other areas where children may gather. No determination has been made as to whether Epstein’s home complies, but attorneys said it likely does.¶

Sex offenders also typically must attend counseling sessions. Belohlavek said that was waived for Epstein because his private psychiatrist is working with him. The judge was skeptical but agreed to it. akAlk¶

Epstein’s legal woes don’t end with Monday’s plea. The arc four pending federal civil lawsuits and one in s related to his behavior. At least one woman has su New York, where he owns a 51,000-square, mansion. anhattan¶

It’s validation of what we’re sap /Sircivil cases,” said Miami attorney Jeffrey Her represents the alleged victims in the federal laws t Palm Beach attorney Ted Leopold represen eged victim in a civil suit in state court. He sat pates amending that lawsuit to add “a few othdr diem as well.¶

In the cri Ir• ycase, police wcnt so far as to scour Epstein’s tras d c duct surveillance at Palm Beach International A rp where they watched for his private jet so they Id know when he was in town. They concluded that + pstein paid girls $200 to $300 each after the massage sessions.¶

“I’m like a Heidi Fleiss,” , now 22, told police about her efforts in recruiting girls for Epstein.¶

There was probable cause to charge Epstein with unlawful sex acts with a minor and lewd and lascivious molestation, police concluded.¶

The state attorney’s office said questions about the girls’ credibility led it to take the unprecedented step of presenting the evidence against Epstein to a grand jury, rather than directly charging him.¶

Palm Beach Police Chief Michael Reiter was furious with State Attorney Barry Krischer, saying in a May 2006 letter that the prosecutor should disqualify himself. “I continue to find your office’s treatment of these cases highly unusual,” he wrote. He then asked for and got a federal investigation.¶

Epstein hired a phalanx of high-priced lawyers - including taS, Harvard law professor and author Alan Dershowitz - aid public relations people who questioned Reiter’s competenc and the victims’ truthfulness.¶

In addition to mansions in Palm Beach and Manhattan, Epstein owns homes in New Mexico and the Virgin Islands. He’s a frequent contributor to Democratic Parry candidates. He also donated $30 million Nard in 2003.¶

Former New York Gov. Eliot Spitzer returned a $50,000 campaign contribution from Epstein after his indictment, then resigned this year during his own sex scandal. And the same Palm Beach Police Department that vigorously investigated Epstein returned his $90,000 donation for the purchase of a firearms simulator.¶

Staff writer Eliot Kleinberg and former staff researcher Michelle Quigley contributed to this story.¶

Jeffrey Epstein: Scientist, stuntman, `sex slave’ visit jailed tycoon¶

By LARR% / Palm Beach Post Staff Writer¶

Posted Aug 13, 2008 at 12:01 AM¶

Updated Jul 16, 2019 at 4:54 PM¶

Tycoon Jeffrey Epstein mingled with an eclectic mix of people, induding beautiful young women, before he g into trouble for paying teenage girls to give him s massages at his Palm Beach mansion.¶

Not much has changed, even though he now resides in a dorm at the Palm Beach County Sheriffs Office’s 17-acre, 967-bed stockade near the fairgrounds.¶

During his first month of confinement, Epstein was visited by the female assistant who, girls told police, had escorted them to the room at his mansion where they gave him naked massages.¶

Also trekking to the jail was a young woman whom Epstein purportedly described as his Yugoslavian sex slave.¶

The wealthy financier and science wonk also has been visited by an expert on artificial intelligence, as well as a man who is a mixed martial arts aficionado and sometime movie stuntman.¶

The only other people to visit him at the jail, according to records, are a Island man and an individual who listed Epstein’s Palm Beach address as his own.¶

Epstein, 55, pleaded guilty on June 30 to two prostitutionrelated charges and was sentenced to 18 months in jail, followed by a year of house arrest. Epstein paid teenage¶

{sup}girls $200 to $300 in 2004 and 2005 for massages in Ms home that sometimes included sexual touching, Palm Beach police said.¶

His jail visitors in July included:¶

• MEI 29, who some of the teen masseuses said {sup}phoned them when Epstein was in town and escorted them upon their arrival at his Palm Beach waterfront home to an upstairs room, where she prepared the massage table and provided the oils for their encounters with him. visited Epstein three times in July, according to ajail visitor’s log. lists a Manhattan home address. Reached by telephone, she declined to discuss Epstein.

23, whose family in Yugoslavia Epstein paid money to so that he could bring her to the United States to be his “sex slave,” two teenage girls told police. One girl told police that Epstein instructed and her to kiss and have sex while he watched and masturbated. Another said she engaged in sex with at Epstein’s urging. visited Epstein in jail four times in 13 days. She lists her address as on the Upper East side of Manhattan, not far from Epstein’s enormous apartment.¶

• Roger Schank, 62, founder of the Institute for Learning Sciences at Northwestern University and an expert on artificial intelligence, paid one visit to Epstein. Schank has written numerous books on that subject and has adoctorate degree from Yale University in linguistics. He was one of {sup}19 people who applied to be president of Florida Atlantic University in 2003. He became “chief learning officer° at the online Trump University in 2005. Schank listed his address as being in Stuart, and records show he also owns ahome in Lake Worth.

Epstein has financed a number of scientists over the years, including Nobel Prize winners. He gave $30 million to Harvard University in 2003. In November, he formed the not-for-profit Florida Science Foundation, which he said finances scientific research.¶

• Igor Zinoviev, a Russian mixed martial arts fighter, who coaches a Chicago team in the International Fight League. He also has worked as a personal trainer, celebrity bodyguard and movie stuntman, according to the league’s Web site. The New Jersey resident visited Epstein seven times in July.

Zinoviev, Schank and comment. could not be reached for¶

Staff researcher Niels Heimeriks contributed to this story.¶

\ 4 9%1 I¶

Palm Beach Daily News¶

Billionaire sex offender leaves jail six days a week for work¶

Updated Oct 4, 2019 at 9:27 AM¶

Palm Beath billionaire Jeffrey Epstein, who’s serving {sup}18 months in jail for soliciting an underage girl for prostitution, is allowed to leave the Palm Beach County Stockade six days a week on awork-release program.¶

Ted Barbera, spokeswoman for the Palm Beach County Sheriffs Office, confirmed that Epstein, 55, has been in the work-release program since Oct. 10.¶

“He works six days a week: Friday through Wednesday {sup}10 a.m. to 10 p.m.,” Barbera said via e-mail. “(He) works at his local West Palm Beach office, monitored on an active GPS system (he wears an ankle bracelet). Mr. Epstein hires {sup}a permit deputy, at his expense, for his own security at his workplace due g theinne he is out.”¶

Miami attorney Jeffrey Herman represents six young women who’ve sued Epstein, claiming he sexually abused thettis Palm Beach home when they were minors.¶

{sup}+He an said he received aletter about the work-release program from the U.S. Attorney’s Office within the past few days. But Herman says Epstein had been out on workrelease for several weeks before the notification.¶

“My clients expressed shock and disappointment,” Herman said. “I find it incredible that he’s on work-release in the community and my clients aren’t notified of this and we get this letter weeks after the fact.”

¶

“He goes to work every single day and goes back to jail at night, just like everybody else (in the program),” Goldberger said.¶

Epstein pleaded guilty June 30 to two felony counts: soliciting prostitution and procuring a person under 18 for prostitution. As part of the plea agreement, Epstein must serve one year of house arrest and register as a lifelong sex¶

offender.¶

The Palm Beach Post REAL *WS STARTS HIE¶

Women want Epstein sex plea deal unsealed¶

Updated Oct 2, 2019 at 2:23 PM¶

Palm Beach Post June 10, 2009)¶

Their attorneys will ask a judge to open Jeffrey Epstein’ AS, records.¶

C ) When wealthy money manager Jeffrey Epstein of PAIS Beach pleaded guilty last year to procuring teens for prostitution, his case detoured around local, state rules regarding the sealing of court doc s erit,9 , 1¶

At a plea conference on the traSharges, a judge, a defense lawyer and a prosecutor huddled at the bench and decided that a deal Epstein had struck with federal prosecutors to avoid charges s ould be sealed, according to a transcript of the hearing.¶

And so it¶

But l i torida rules of judicial administration, as well as rules Ara(of the Palm Beach County court system, require public notification that a court document has been or will be sealed, meaning kept from public view. The rules also require a judge to find a significant reason to seal, such as protecting a trade secret or a compelling government interest.¶

Yet no notification or reason occurred in Epstein’s case, according to court records.

¶

Epstein’s own attorneys, in federal filings, have referred to his confidential deferred prosecution agreement with the U.S. attorney’s office, struck in September 2007, as “unprecedented” and “highly unusual.” And it was “a significant inducement” for Epstein to accept the state’s deal, observed the state judge who accepted his plea, County Judge Deborah Dale Pucillo.¶

Epstein now faces at least a dozen civil lawsuits in federal and state courts filed by young women who said they had sex with him and now are seeking damages.¶

Attorneys for some of those women want his agreement with federal prosecutors unsealed and will ask Circuit Judge Jeffrey Colbath to do so today.¶

“It is against public policy for these documents to be have been sealed and hidden from public scrutiny. As a member of the public, E.W. has a right to have these documents unsealed: wrote former Circuit Judge Bill Berger, now in private practice and representing one of the women.¶

The Palm Beach Post also will ask Colbath to unseal the agreement. Post attorney Deanna Shulbnan will argue that the public has a right to know the specifics of Epstein’s deal.¶

According to various media accounts, Epstein moved in circles that included President Clinton, Donald Trump and Prince Andrew. “International Moneyman of Mystery,” declared a 2002 New York magazine profile of Epstein.¶

Epstein, 56, is in the Palm Beach County Stockade, serving an 18-month sentence after pleading guilty nearly a year ago to felony solicitation of prostitution and procuring teenagers for prostitution.¶

He is allowed out from 7 a.m. to 11 p.m., escorted by a deputy, said Palm Beach County Sheriffs Office spokeswoman Teri Barbera.¶

During a Palm Beach Police Department investigation, five victims and 17 witnesses gave statements. They told of young women brought by his assistants to Epstein’s mansion on El Brillo Way for massages and sexual activity, and then being paid afterward.¶

At Epstein’s plea conference last year, his attorney, Jack Goldberger, and then-Assistant State Attorney Lanna Belohlavek approached Pucillo in a sidebar conference. Pucillo, who had left the bench nine years earlier, was filling in temporarily as a senior judge.¶

According to a transcript, Goldberger told Pucillo that Epstein had entered a confidential agreement with the U.S. attorney’s office in which federal prosecutors brokered not pursuing charges against him if he pleaded guilty in state court. Pucillo then said she wanted a sealed copy of the agreement filed in his case, and Goldberger concurred that he wanted it sealed. Belohlavek later signed off on it.¶

The Florida Supreme Court has expressed “serious concern” and launched an all-out inquiry into sealing procedures across the state following media reports in 2006 of entire cases being sealed and disappearing from court records.¶

“The public’s constitutional right of access to court records must remain inviolate, and this court is fully committed to safeguarding this right,” justices wrote in their final report.¶

Epstein’s office on Tuesday referred any questions to Goldberger, who declined to comment. Pucillo also has declined to comment.¶

The Palm Beach Post REAL WM STARTS HERE¶

Epstein secret pact with Feds reveals “highly unusual” terms¶

Posted Jun 10.2009 at 12:01 AM¶

Updated Oct 4, 2019 at 9:23 AM¶

Palm Beach Post on September 19, 2009)¶

A secret non-prosecution agreement multimillionaire financier Jeffrey Epstein struck with federal prosecutors is being called “highly unusual” by former federal prosecutors and downright outrageous by attorneys no}I(repggsenting young women who serviced him.¶

The deal reveals that the FBI and cheat- <l)c ttorney’s Office investigated him for several federal crimes, including engaging minors in commercial sex. The crimes are punishable by anywhere from 10 years to life in prison.¶

But federal prosecutors backed down and agreed to recall grand jury subpoenas if Epstein pleaded guilty to prostitution-related felonies in state court, which he ultimately did. He received an 18-month jail sentence, of which he served 13 months.¶

The U.S. Attorney’s Office also agreed not to charge any of Epstein’s possible co-conspirators:¶

Lesley Groff and¶

The deal was negotiated in part by heavyweight New York criminal defense attorney Gerald Lefcourt.¶

Unsealed on Friday after attorneys for some of Epstein’s victims and The Palm Beach Post sought its release, it offers the first public look at the deal Epstein’s high-powered legal counsel brokered on his behalf.¶

Marti of Stuart, a former federal prosecutor, described the disparity in potential sentences as unusual, but even more so a provision on attorney payment.¶

The first draft of the agreement in September 2007 required that Epstein pay an attorney — tapped by the U.S. Attorney’s Office and approved by Epstein — to represent some of the victims. That attorney is prominent Miami lawyer Bob Josefsberg.¶

But an addendum to the agreement signed the following month struck Epstein’s duty to pay Josefsberg if he and the victims did not accept settlements — capped at $150 and instead pursued lawsuits.¶

M t said it appears the government was trying to balance the lesser sentence for Epstein with recovering $150,000 for each victim. “I’ve never, ever seen anything like that in my life,” he said. “It’s highly unusual.’¶

The deal does not say whether any victims were contacted or consulted before the deal was made.¶

Attorney Brad Edwards of Fort Lauderdale, who represents three of the young women, believes that none of the 30 to 40 woman identified as victims in the federal investigation were told ahead of time._ said his clients received letters from the U.S. Attorney’s Office months after the deal °signed, assuring them Epstein would be prosecuted.¶

• “Never consulting the victims is probably the most outrageous aspect of it,” said. “It taught them that someone with money can buy his way out of anything. It’s outrageous and embarrassing for United States Attorney’s Office and the State Attorney’s Office.”

Epstein now faces many civil lawsuits filed by the women, who are represented by a variety of attorneys. In many, the allegations are the same: that Epstein had a predilection for teenage girls, identified poor, vulnerable ones and used

¶

other young women to lure them to his Palm Beach mansion. They walked away with between $200 and $1,000.¶

Former Circuit Judge Bill Berger, also representing victims, called the agreement a “sweetheart deal.”¶

“Why was it so important for the government to make this deal?” Berger asked rhetorically. “We have not yet had an honest explanation by any public official as to why it was made … and why the victims were sold down the river.”¶

Former federal prosecutor Ryon McCabe described the agreement as “very unorthodox.” Such agreements, he are usually reserved for corporations, not individt¶

“It’s very, very rare. I’ve never seen or heardra procedure that was set up here,” said Mctibet who has no involvement in any Epstein litiga¶

“He’s essentially avoiding f ution because he can afford to pay that many lawyers to help those victims review their cases. … If a person has no money, he couldn’t be able to strike a deal like this and avoid federal prosecution.”¶

The backroom deal with federal prosecutors is all the more interesting in light of the legal powerhouses who have worked for Epstein, including Harvard professor Alan Dershowitz and Bill Clinton investigator Kenneth Starr. Lefcourt is a past president of the National Association of Criminal Defense Lawyers.¶

Epstein’s local defense attorney, Jack Goldberger, issued a statement Friday saying he had fought the release of the sealed agreement to protect the third parties named there. “Mr. Epstein has fully abided by all of its terms and conditions. He is looking forward to putting this difficult period in his life behind him. He is continuing his longstanding history of science philanthropy.”¶

The investigation triggered tensions between police and prosecutors, with then-Palm Beach Chief Michael Reiter saying in a May 2006 letter to then-State Attorney Barry Krischer that the chief prosecutor should disqualify himself.¶

“1 continue to find your office’s treatment of these cases highly unusual,” Reiter wrote. He then asked for and got the federal investigation that ended in the sealed deal.¶

“The Jeffrey Epstein matter was an experience of what a Ai the Palm Beach Daily News upon his retirement.¶

many-million-dollar defense can accomplish,” Reiter told AL ,S{sup}P O’S¶

187 / 278 - Wednesday, January 27, 2010¶

Section: LOCAL & BUSINESS¶

Page: 3B¶

Source: By JANE MUSGRAVE Palm Beach Post Staff Writer¶

JUDGE RULES EPSTEIN ATTORNEYS CAN SUBPOENA ABORTION RECORDS¶

In a decision that could spark a constitutional showdown over privacy rights, a judge Tuesday gave lawyers representing multimillionaire sex offender Jeffrey Epstein the right to subpoena abortion records from women who are seeking millions in damages from the parttime Palm Beach resident.¶

Palm Beach County Circuit Judge Donald Hafele said the records could help Epstein rebut the women’s claims that they suffered psychological ills after being paid to give him sexually-charged massages at his Palm Beach mansion when they were as young as 14. Hafele told Epstein’s attorneys they couldn’t go on a fishing expedition. The medical records, he said, can’t be sought until the women are asked whether they have ever had an abortion, how many and where. Further, he said, the records ould not be made public and might not be admissible during trial.¶

But, he said, since the women claim Epstein, no 7, responsible for their emotional distress, his attorneys can explore the impact of other events. Medical records. Hafele said, are a better source of information than a person’s memory.¶

Attorney Louis Silver, who represents the Presidential Women’s Health Center, a West Palm Beach clinic where abortions are performed, warned Hafele that he was stepping on shaky constitutional grounds.¶

“These records are protected by our constitutional right of privacy,” he said, referring to the Florida Constitution.¶

After the hearing, Silver said an appeal won’t be necessary until Epstein attorneys seek the records.¶

In another ruling Wednesday, Hafele also said that videos from depositions in the state cases can’t be released without a court order. The ruling came after Epstein attorney Robert Critton complained that a video of Epstein being asked whether he had an “egg-shaped” penis became a youtube.com sensation. It first appeared on The Palm Beach Post Web site. Critton blamed attorney Spencer Kuvin for releasing it. Kuvin said it was public record. The civil suits began mourning after Epstein agreed to plead guilty to two state charges: procuring a minor for prostitution and soliciting prostitution. Ile served 13 months of an 18 month sentence. As part of the deal brokered with federal prosecutors, he agreed not to contest the accusations in the civil lawsuits. He can argue the women don’t deserve the millions they are seeking.¶

Hane_musgrave@pbpost.com¶

The Palm Beach Post REAL NEWS STARTS HERE¶

Epstein Journal’s Findings Could Resurrect Case¶

Posted Sep 17, 2019 at 12:01 AM¶

Updated Oct 1, 2019 at 10:51 AM¶

(EDITOR’S NOTE: This story originally published in The Palm Beach Post on March 20, 2010)¶

A purloined journal that is said to contain the names of “hundreds” of victims of convicted sex offender Jeffrey Epstein could be used to reopen the investigation into the multi-millionaire’s appetite for teenage girls, an attorney representing seven of the victims said Friday.¶

New details about the contents of the journal were released this week when Alfredo Rodriguez, who worked as a property manager for the Palm Beach resident, pleaded guilty to obstruction of justice for lying to federal agents when asked if he had any information about his former boss’ criminal activity. He later tried to sell the journal he stole from Epstein for $50,000 to an unidentified person, who alerted authorities, according to court records.¶

As part of the plea agreement, federal prosecutors said the journal “contains information material to the Epstein investigation, including the names of material witnesses and additional victims.”¶

“Had the items been produced in response to the inquiries of state or federal authorities … the materials would have been presented to the federal grand jury,” federal prosecutors wrote.¶

Instead, prosecutors short-circuited the grand jury investigation and cut a deal with Epstein. They agreed not to pursue federal charges if he didn’t contest prostitutionrelated felonies in state court. The money manager pleaded guilty in July 2008 to procuring aminor for prostitution and soliciting prostitution. He served 13 months of an 18 month sentence.¶

Attorney Adam Horowitz, who represents seven of the roughly 18 women who have filed civil suits against Epstein, said the new information could trump the socalled non-prosecution agreement.¶

The multifaceted agreement, he said, deals only with {sup}a specific list of victims that the U.S. Attorney’s Office knew about when it penned the deal in 2007. If additional victims are listed in the journal Rodriguez stole, Horowitz said federal prosecutors could reopen the investigation.¶

“It opens the door for further ( 1,6 vion,’ he said.¶

In addition to turning twit the urnal to federal agents, Rodriguez told them he knew his former boss was having sex with underage girls when he worked for him in 2004 and 2005. He had seen naked girls, who looked like minors, in the pool of Epstein’s $8.6 million mansion. He had seen pornographic images of young girls on Epstein’s computer, a&ording to court records.¶

0 ara\Neither Epstein’s criminal defense attorney, Jack Goldberger, nor attorney Robert Critton, who represents Epstein in the civil lawsuits, could be reached. Federal prosecutors have consistently declined comment.¶

The wording of the controversial agreement is unclear. It says federal prosecutors would provide Epstein’s attorneys “with a list of individuals whom it has identified as victims.” Miami attorney Robert Josefsberg was appointed to

¶

represent any of the victims on the list who wanted to pursue Epstein in civil court. As part of the agreement, Epstein is to pay for Josefsberg to represent the women.¶

Some of the women, most identified as Jane Doe in lawsuits, had already hired attorneys to represent them. Some have since settled their suits with Epstein, although terms were not disclosed.¶

Horowitz said he has filed court papers to get the journal that Rodriguez stole. “It’s another piece of evidence that shows our clients were at Epstein’s mansion,” he said.¶

Rodriguez told prosecutors he didn’t turn over the journal when both FBI and Palm Beach police asked for it because he wanted money for it. He also said he was afraid Epstein would make him “disappear.” The information, he told investigators, was his “insurance policy.”¶

He faces a maximum 20 years in prison when he is sentenced on June 18.¶

jane_musgrave@pbpost.com¶

The Palm Beach Post¶

REAL NEWS SHIRTS HERE¶

Epstein paid three women $5.5 million to end underagesex lawsuits¶

Posted Oct 3, 2017 at 12:01 AM¶

Updated Oct 4, 2017 at 12:46 AM¶

Ending years of speculation about how much Palm Beach billionaire Jeffrey Epstein paid young women who claimed he used them as sex toys, court documents filed last week show he shelled out $5.5 million to settle lawsuits with three of more than two dozen teens who sued him.¶

Responding to requests from Epstein’s attorneys in a complex lawsuit that was spawned by the sex scandal, attorneya said the politically-connected 64-year-old convicted sex offender paid more than $1 million to each of the sir ; ma , gmenM represented.¶

’ Identified in court papers only by their initi r pseudonyms because of the nature of the allegations and their youthful ages, L.M. was paid $1 million, E.W. $2 million and Jane Doe $2.5 million,M said of the settlements he negotiated with Epstein to end the lawsuits.¶

Jack Goldberger, one of Epstein’s criminal defense attorneys, on Tuesday declined comment on the revelations, citing confidentiality agreements that were part of the settlements. For the same reason, he declined to say whether Epstein paid similar amounts to settle roughly two dozen lawsuits filed by other young women against Epstein, claiming he paid them for sex when some were as young as 14 years old.¶

Attorney Jack Scarola, who is representing , said his client was compelled to divulge the confidential settlements to answer questions posed by Epstein’s attorneys. “Brilliant move on their part,” he said.¶

Even if Epstein’s attorneys hadn’t opened the door, Scarola said the information would have likely come out. He says the information will help him undermine Epstein’s claims that “ginned up” the allegations to help his former law partner, imprisoned and disbarred Fort Lauderdale lawyer Scott Rothstein, perpetuate a $1.2 billion Ponzi scheme.¶

The revelations of the settlements came as part of an ongoing lawsuit that started as a dispute between Epstein and Rothstein, both billionaires.¶

A year after Epstein in 2008 pleaded guilty to solicitation of prostitution and procuring a minor for prostitution, he sued Rothstein and 1_ claiming they trumped up the allegations of sexual molestation to perpetuate the Ponzi scheme.¶

Rothstein was sentenced to 50 years in prison in 2010 after admitting he had built his wildly successful law firm by forging the names of federal judges and others to persuade investors he had negotiated settlements in lawsuits against high-profile people. Investors were told they could get a cut of the cash.¶

One of the high-profile people Rothstein used to lure investors was Epstein, according to a lawsuit West Palm Beach attorney Robert Critton filed on Epstein’s behalf. According to the lawsuit, Rothstein told investors Epstein, a money manager, had agato settle the lawsuits with the teens for $200 million — a claim Critton described as “a complete fabrication.”¶

After Epstein dropped the lawsuit in 2012, Edwards turned the tables on him. accused Epstein of filing the lawsuit maliciously to punish him for representing the young women. Although no evidence was a partner in Rothstein’s now defunct firm, Scarola claims Epstein had was involved in the Ponzi scheme. Federal prosecutors successfully charged other attorneys and members of the firm, but was never implicated, Scarola said in the malicious prosecutiozkwsuit.¶

The revelations about the Epstein paid to three of the young woman came last week in documents filed fore,Sean Tuesday in preparation for a December trial on the lawsuit. y¶

Attorney Tonja Haddad Coleman, who represents Epstein, on Tuesday sought a delay of the trial, in part, because she claimed she has been unable to talk to her client since his estate on his private island in the U.S. Virgin Islands was devastated last month by Hurricane Irma. “I’ve had no ability to communicate with Mr. Epstein,” she said.¶

Pointing out Epstein’s enormous wealth and his private jet, Palm Beach County Circuit Judge Donald Hafele rejected her request. While saying he didn’t want to appear insensitive to those victimized by the storm that hammered the Caribbean and roared through South Florida, he said Coleman offered no proof, such as an affidavit from Epstein, to shore up her claims.¶

Still, Hafele gave Coleman extra time to respond to various motions that he will have to decide before the case goes to trial.¶

Despite Scarola’s insistence that had nothing to do with Rothstein’s Ponzi scheme, Coleman said the evidence indicates otherwise. Why else would he try to depose Epstein’s well-known friends, such as now President Donald Trump, former President Bill Clinton and illusionist David Copperfield, she asked. He used the celebrities as a draw, she said.¶

“The Epstein cases were used to fleece money and defraud investors,’ she said.¶

Edward’s malicious prosecution case has been difficult for both sides because both Epstein and a have refused to answer questions. As he did in the civil lawsuits, Epstein has invoked his Fifth Amendment right against self-incrimination when questioned by Scarola.= has claimed that much of the information Epstein is seeking is protected by attorney-client privilege.¶

The malicious prosecution lawsuit is one of two hotly-contested lawsuits that continue to pit against Epstein. also is suing the U.S. attorney’s office, claiming it violated the federal Crime Victims Rights Act when it negotiated a non-prosecution agreement with Epstein.¶

Only after federal prosecutors agreed to drop their investigation of Epstein, did he agree to plead guilty to two prostitution charges in Palm Beach County Circuit Court. In federal court records, prosecutors claim one of the key reasons they agreed to drop their case was Epstein’s agreement to settle lawsuits filed against him by dozens of his underage victims.¶

Palm Beach Daily News¶

Judge rules feds’ agreement with Jeffrey Epstein pact violated teen victims’ rights¶

Posted Sep 17, 2019 at 4:02 PM¶

Updated Oct 8, 2019 at 12:31 PM¶

(EDITOR’S NOTE: This story originally published in The Acte¶

Palm Beach Post on February 22, 2019)¶

Federal prosecutors violated the rights of Jeffrey E C ein34/ is teenage victims by failing to reveal they had dropped plans to prosecute the billionaire on dozens of federal charges in connection with the girls’ claims that he paid them for sex at his Palm Beach mansion, U.S. District Judge Kenneth Marra ruled on Thursday. 0¶

In a blistering 33-page ruling, Marra meticulously and methodically detailed the numerous steps federal prosecutors took to hide the agreement from more than 40 young women who claim Epstein paid them for sex when they were iyoung as 14.¶

the government spent untold hours negotiating the terms and implications of the NPA with Epstein’s attorneys, scant information was shared with the victims,” Marra wrote. “Instead, the victims were told to be ‘patient’ while the investigation proceeded.”¶

By then, it was too late. A deal had already been cut with then-South Florida U.S. Attorney Alex Acosta and Epstein’s attorneys to shelve a 52-page federal indictment against Epstein, a former math teacher turned money manager who counts Presidents Donald Trump and Bill Clinton among his friends.¶

Prosecutors’ failure to alert the young women about the deal violated the Crime Victims’ Rights Act, Marra ruled. “At a bare minimum the (act) required the government to inform (the young women) that it intended to enter into an agreement not to prosecute Epstein,” he wrote.¶

Still, Marra said he wasn’t second-guessing prosecutors’ decision not to pursue Epstein on federal charges if he pleaded guilty to minor state prostitution charges and agreed to compensate his victims for the trauma he caused.¶

“The court is not ruling that the decision not to prosecute was improper,” Marra wrote. “The court is simply ruling that, under the facts of this case, there was a violation under the CVRA.”¶

Further, he made no decision about what the remedy should be. He gave prosecutors and attorneys representing the young women 15 days to meet to decide how to unravel the complex legal web that has been hanging over Epstein and his young victims for more than a decade.¶

The chances an accord will be reached are slim, said attorney Jack Scarola, who is representing the two Jane Does who challenged the prosecutors’ actions.¶

Further, he said, there is no road map to follow. The lawsuit attorney filed on behalf of the two unidentified young women, claiming prosecutors violated the federal act, is unique, he said.¶

“We are treading on virgin ground, to use what is probably an inappropriate phrase in this situation,” he said.¶

Scarola said he and will ask that the nonprosecution agreement be thrown out. That would open the possibility that the long-shelved federal indictment could be dusted off and filed against the 66-year-old Epstein, who spends most of his time on a private island he owns in the U.S. Virgin Islands.¶

“I don’t see the government conceding to that remedy,” Scarola admitted. Further, he said, it is likely Epstein will be allowed to weigh in. Miami attorney Roy Black years ago filed papers asking to intervene on Epstein’s behalf.¶

The U.S. Attorney’s Office said it wouldn’t comment on Marra’s ruling. Neither Black nor New York City attorney Jay Lefkowitz, who led efforts to bury the federal indictment, responded to emails or phone calls for comment. West Palm Beach attorney Jack Goldberger, who represents Epstein, also didn’t respond.¶

Scarola said it is likely Epstein’s star-studded legal team will argue that Epstein fully complied with the terms of the agreement he made in 2007 with federal prosecutors and therefore the agreement can’t be undone.¶

As he promised, Epstein pleaded guilty in June 2008 to state charges of soliciting a minor for prostitution and soliciting prostitution. He served 13 months of an 18-month jail term in a vacant wing of the county stockade that he was allowed to leave 12 hours a day, six days week.¶

Further, as agreed, he paid settlements to the young women who sued him. While the settlements were confidential, court records show he paid three women a total of $5.5 million.¶

In return, federal prosecutors held up their end of the bargain. Their investigation ceased.¶

Having done all that prosecutors asked of him, Scarola said Epstein will make a simple argument: “You can’t turn around and deprive me of the benefits I bargained for.”¶

However, Scarola said, using Marra’s ruling, he will counter that the contract Epstein signed was illegal and therefore unenforceable.¶

Even if Marra agrees to toss out the non-prosecution agreement, Scarola conceded that doesn’t mean Epstein will face federal charges.¶

“The contract can be set aside and the federal government can attempt to enter into the same agreement,” he said.¶

“Except the spotlight of public attention will be on them and the 40 victims will be able to explain to the court why this sweetheart deal should not be approved.”¶

Scarola said that prosecutors may have had good reason not to pursue Epstein. “There may be a reasonable explanationAS but we don’t know what that reason may have been,” h said.¶

In court papers, federal prosecutors have said that many of the young women were afraid to cross the powerful, politically connected money manager and simply refused to testify against him.¶

In other cases, they said, the women changed their stories. Jane Doe 2, who is trying to have the non-prosecution agreement thrown out, initially described Epstein as “an awesome man” and told prosecutors she hoped “nothing happens” to him. While she later agreed to testify against Epstein, prosecutors said they feared Epstein’s attorneys would use her words to destroy her if she ever took the witness stand.¶

Marra, however, said the young woman’s comments didn’t mean she wasn’t entitled to know about the prosecutors’ plans to drop the charges. “There is no dispute that Epstein sexually abused Jane Doe 2 while she was a minor,” he wrote. “Therefore, regardless of her comments to the prosecutor, she was a victim.”¶

Before the case is finally resolved, Scarola predicted that “a lot of people are going to have to answer a lot of questions.”¶

In his ruling, Marra detailed what appeared to be a cozy relationship between Acosta, his line prosecutors and Epstein’s team of lawyers. His phalanx of lawyers included noted Harvard law professor Alan Dershowitz and Kenneth Starr, the former U.S. solicitor general whose investigation led to the impeachment of President Clinton.¶

Marra describes an October 2007 breakfast meeting between Acosta, who is now U.S. labor secretary, and Lefkowitz shortly after the non-prosecution agreement was inked.¶

After the meeting, Lefkowitz sent Acosta a note thanking him for “the commitment you made to me during our October 12 meeting in which you assured me that your Office would not … contact any of the identified individuals, potential witnesses, or potential civil claimants and their respective counsel in this matter.”¶

Marra quoted an equally pleasant note then-Palm Beach County State Attorney Barry Krischer sent to Assistant U.S. Attorney IIIIVillafana, who was the lead prosecutor in Epstein’s case. “Glad we could get this worked out for reasons I won’t put in writing,” Krischer wrote, shortly after the non-prosecution agreement was signed. “After this is resolved I would love to buy you a cup at Starbucks and have a conversation.”¶

Many of the notes that were exchanged dealt with prosecutors’ and Epstein’s lawyers’ shared desire to keep the deal secret from Epstein’s accusers. In a September email, Villafana asked Lefkowitz for guidance about what she should reveal. “And can we have a conference call to discuss what 1 may disclose to … the girls regarding the Agreement,” she asked.¶

Such cooperation between prosecutors and defense attorneys is unusual, Marra said. “It was a deviation from the government’s standard practice to negotiate with defense counsel about the extent of crime victim notifications,” he wrote.¶

Further, he noted, that when and his two young clients asked for information, they were repeatedly misled. “The CRVA was designed to protect victims’ right and ensure their involvement in the criminal justice process: Marra wrote. “When the government gives information to victims it cannot be misleading.”¶

Ultimately, the terms of the non-prosecution agreement were revealed only after and attorneys fot press successfully sued to make them publi¶

76 / 278 - Tuesday, July 9, 2019¶

Edition: Final¶

Section: A Section¶

Source: By Jane Musgrave, The Palm Beach Post¶

Epstein indicted on sex charges Part-time Palm Beacher pleads not guilty to sex trafficking, conspiracy charges in federal court n Manhattan 0¶

Dressed in a blue prison jumpsuit, billionaire Jeffrey Epstein on MoCy.headed not guilty to charges accusing him of creating a vast network of girls as young as 14 that he exploited for his sexual pleasure at his homes in Palm Beach and Manhattan.¶

The 66-year-old money manager’s appearance in U.S. District Court in New York City capped more than a decade of recriminations by young women and their attorneys who claimed Epstein used his money and political influence to avoid federal prosecution.¶

Epstein’s attorney Reid Weingarten dismissed the two-count indictment on sex trafficking charges as “essentially a do-over” of allegations that landed Epstein in the Palm Beach County Jail for 13 months more than a decade ago.¶

However, unlike in 2007 when then-South It U.S. Attorney Alex Acosta agreed to shelve a 53-page federal indictment after E agreed to plead guilty to two state prostitution charges, prosecutors in New York indicated they aren’t willing to deal. Acosta is now U.S. labor secretary.¶

“The alleged behavior shocks the conscience,” New York City U.S. Attorney Geoffrey Berman said at a¶

morning news conference i while the charged conduct is from a number of years ago, it is still profoundly important to many of the alleged victims, now young women. They deserve their day in court.Ӧ

At a detention hearing scheduled for Monday, Berman said he will ask a federal judge to keep Epstein behind bars until he is tried on charges of sex trafficking and conspiracy to commit sex trafficking. Epstein paid dozens of young women to give him nude massages that, for most, led to sex, he said.¶

If convicted of exploillozens of young women, including many Palm Beach County girls who were students at Palm Beach High School, Epstein faces a maximum 45-year prison sentence.¶

Citing Epstein’s enormous wealth, his homes in New York, Palm Beach, the U.S. Virgin Islands, New Mexico and Paris and his ownership of two jets, Berman said there are few conditions that could keep Epstein from fleeing to a foreign country to evade prosecution. “We think he’s a significant flight risk,” Berman said of the man who ferried Britain’s Prince Andrew, actor Kevin Spacey, famed Harvard law professor Alan Dershowitz and former President Bill Clinton on his jet, dubbed the Lolita Express.¶

Berman’s hard-line stance was welcomed by young women who for years have been told that Epstein couldn’t be touched because Acosta signed off on the nonprosecution agreement, promising not to charge Epstein in federal court.¶

Former Palm Beach County resident Virginia Guiffre, who has accused Epstein of turning her into his sex slave and forcing her to have sex with others, including Dershowitz and Prince Andrew, praised Berman. He showed the case is “being taken in a serious way,” she told the Associated Press. Dershowitz has vehemently denied Guiffrc’s claims.¶

New York prosecutors were able to ignore the controversial nonprosecution agreement because it contained some significant fine print, said former federal Judge Paul Cassell, who for years has fought to get the agreement thrown out. It says only that no charges could be filed against Epstein in South Florida, he said.¶

Berman agreed. “That agreement only binds, by its terms, only binds the Southern District of Florida,” he said. “The Southern District of New York is not bound by that agreement and wasn’t a signatory of it.”¶

That means the sordid allegations that have been leveled at Epstein for years are now part of a federal indictment.¶

Contrary to Epstein’s claims, he knew the women who came to his homes in New York and Palm Beach were minors because they told him their ages, according to the indictment. Epstein preyed on young girls because he knew they were “vulnerable to exploitation,” prosecutors added.¶

As part of a carefully orchestrated sex ring, Epstein or his associates would call girls while he was in New York so they would be available for sex once he returned to Palm Beach, the indictment says. The employees weren’t named. They were identified only as “Employee-1,” “Employee-2” and “Employee-3.”¶

To ensure he had a steady stream of young girls, Epstein would turn some victims into recruiters. He would pay them to bring new girls to his home on El Brillo Way along the Intracoastal Waterway in Palm Beach or to his palatial townhouse on New York’s Upper East Side.¶

“This allowed Epstein to create an ever-expanding web of new victims,” Berman said.¶

In both New York and Palm Beach, the lurid operation was similar. Unidentified employees of Epstein’s would escort the teens into a room. They were told to take off all or most of their clothes before giving the naked billionaire massages, according to the indictment.¶

“Epstein would also typically masturbate during these encounters, ask victims to touch him while he liturbated, and touch victims’ genitals with his hands or with sex toys,” the indictment says.¶

As part of the criminal complaint, prosecutors arc asking that Epstein be forced to turn over his multimillion-dollar townhouse on East 71st Street. The complaint does not seek forfeiture of Epstein’s house in Palm Beach.¶

While heartened that Epstein now faces serious criminal charges in New York, Cassell said he would continue to push a West Palm Beach-based federal judge to throw out the nonprosecution agreement that Acosta forged with Epstein’s star-studded legal team.¶

U.S. District Judge Kenenth Marra has already ruled that Acosta violated the federal Crime Victims’ Rights Act by not telling Epstein’s victims about the agreement before it was inked. Coincidentally, Cassell and Epstein attorney Roy Black had to file papers by midnight Monday, explaining what action Marra should take to redress that wrong. Cassell insisted Epstein should face charges in federal court in West Palm Beach. “Florida victims deserve justice in Flori ” said Cassell, who is working on behalf of Epstein’s victims with attorneys d Jack Scarola.¶

Since ifs likely Florida women wr get to testify against Epstein in New York, Scarola said he’s not focused on whether Epstein will face charges here. Instead, he said hewar* to know how and why the agreement was reached.¶

“There’s been no explanation as to how a deal like this could have been cut and how the federal government could have been involved in a conspiracy to violate federal law,” Scarola said of his interest in continuing the legal battle over the nonprosecutio agr ment.¶

When Acosta agreed to drop the federal investigation, Epstein in 20 de guilty to two prostitution charges and served 13 months of an 18-month sentenc n a v ant wing of the Palm Beach County Jail - a cell he was allowed to leave 12 ho a ix days a week. He was also forced to register as a sex offender and settle civil su more than 30 young women filed against him.¶

U.S. Rep. Lois Frankel, D-West Palm Beach, said she la’s interest in finding out how the agreement came to be.”I am especially mo in why Epstein got the deal he got,” Frankel said. “We need to know why he such an easy sentence.¶

While she has asked the House Oversight Co a investigate Acosta, Frankel said she is not sure that will happen. “It just seems it a travesty that this guy got off the way he did and, without pre-judging it, hay proper court case,” Frankel said.¶

Former Palm Beach Police Chief Mi was inflamed in 2006 when then-State Attorney Barry Krischer refused t tein with serious crimes. Reiter took the information his officers had ga dozens of Epstein’s victims to Acosta, believing he would prosecute Epstein. H¶

Reiter said he was heartened years later, Epstein will finally face justice.¶

“Thankfully, U. S. Attom and the other authorities in New York have the good judgment to investigate an rosecute Epstein in the way that should have occurred in Florida over a d ago,” eiter said in a statement.¶

And, Scarola are signals that Berman’s investigation is far from over.¶

Berman deli wer questions about whether others, such as Epstein’s high-powered friends, wotil ed. He brushed off questions about the significance that the investiga n being handled by the Public Corruption Unit.¶

While age on Saturday were arresting Epstein aboard his private jet at the Teterboro Airport in New Jersey after returning from Paris. other officers were searching his New York City townhouse. Agents seized nude photos of young girls who appeared to be minors, Berman said.¶

He said his focus was on finding more women who were exploited and abused by Epstein. Turning to a poster, detailing the charges that had been filed against Epstein, he pointed a finger at a photo of the convicted sex offender who was once described as “a man of mystery.”¶

“If you believe you are a victim of this man, Jeffrey Epstein, we want to hear from you,” Berman said. A special number, 1-800-CALLFBI, will link victims of authorities.¶

Bill Sweeney, assistant director of the FBI’s New York office, said after years of being ignored by federal agents, the victims’ voices will be heard.¶

“The Jeffrey Epstein matter is No. 1 on the major case list in the country,” Sweeney said.¶

Turning to address Epstein’s victims directly, he said: “Your bravery may empower others to speak out against crimes against them.”¶

cos¶

Def.Ex.A-2¶

SCHOLZ & WYLER, LLC.¶

961687 GATEWAY BLVD., SUITE 201-1¶

FERNANDINA BEACH, FLORIDA 32034¶

TELEPHONE (904) 261-3693 FAX NO. (904) 261-7879¶

THE LAW OFFICES OF [REDACTED] & ASSOCIATES, P.A. ARTHUR I. [REDACTED]¶

RICHARD J. SCHOLZ, P.A. RICHARD J. SCHOLZ¶

DOUGLAS A. WYLER, P.A.¶

November 26, 2019¶

Office of the State Attorney 15th Judicial Circuit 401 North Dixie Highway West Palm Beach, FL 33401¶

Re: CA Florida Holdings, LLC v. Dave Aronberg et al. Case No.: 2019-CA-014681¶

Dear Mrs. Howard:¶

The purpose of this letter is to confirm that [REDACTED] Scholz & Wyler, LLC will represent you regarding the above-referenced matter.¶

Our fees will be contingent upon our success in this matter. You will not be liable or required to pay any monies to our office unless we are successful in our representation of you regarding the above-referenced litigation and receive a court order awarding attorneys’ fees.¶

Accordingly, should we be successful in this matter, you agree to be billed for the time incurred in defending this action at our current hourly rates. At this time, our current hourly rates are: $475.00/hour for senior partners, $425.00/hour for other partners, $375.00/hour for associate attorneys, and $125.00/hour for paralegal time.¶

Furthermore, the attorneys’ fees paid to our firm shall be calculated by the above listed hourly rates multiplied by the number of hours expended in defending this action or the total fee mandated and awarded by the court order herein, whichever is greater.¶

By signing below, you agree to the terms as set forth above. Please return a signed and dated copy of this letter to our office. If you have any questions or concerns, please contact our office. On behalf of the firm, we are proud to represent you in this matter.¶

6/4/2020 Date¶

Def.Ex.A-3¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida: SHARON IL BOCK, as Clerk and Comptroller of Palm Beach County. Florida.¶

MOTION TO DISMISS¶

Defendant. DAVE ARONBERG, as State Attome f a each County, Florida, by and through the undersigned counsel, hereby files this Mot’ to ss Plaintiff’s Complaint for failure to state a cause of action, and in support thereof state¶

MOITON D STANDARD¶

When confronted with a moti~dI ss, the Court must determine whether the Complaint as phrased within its four comers s cleat ates a cause of action, whereby relief can be granted. Fox v. Professional Wrecker Ope vizir lions 8 So. 2d 175, 178 (Fla. 5th DCA 2001). A motion to dismiss tests whether the plaintiff stat a cause of action. The test for a motion to dismiss under Florida Rule of Civil Procedure whether the pleader could prove any set of facts as alleged in the Complaint to support hi i i See, Connolly v. Sebeco, Inc. 89 So. 2d 482, 484 (Fla. 1956): Wasua Ins. Co. v. Haynes, So. 2d 1123 (Fla. 4th DCA 1996).¶

In order to meet this test, “a complaint must allege sufficient ultimate facts to show that a pleader is entitled to relief.” W.R. Townsend Contr., Inc. v. Jensen Civ. Constr., Inc., 728 So. 2d 297, 300 (Fla. 1st DCA 1999) (quoting MaSosgais, 464 So. 2d 664, 665 (Fla. 2d DCA 1985); Fla. R. Civ. P. 1.110(b)). The court need not accept internally inconsistent factual claims, conclusory allegations, unwarranted deductions, or mere legal conclusions made by a party. a (citing Response Oncology, Inc. v. Metrahealth Insurance Co., 978 F. Supp. 1052, 1058 (S.D. Fla. 1997)); Oxford Asset Meant. v. laharis, 297 F.3d 1182, 1188 (11th Cir. 2002) (“[Ou a motion to dismiss,] the plaintiff’s factual allegations are accepted as true… However, legal conclusions masquerading as facts will not prevent dismissal.”). To avoid dismissal, a pleading “must allege a cause of action recognized under law” against the defending party. Kislak v. Kreedian 95 So. 2d 510, 514 (Fla. 1957).¶

COUNT I (Florida Statutes Section 905.27)¶

Plaintiff attempts to assert a cause of action, in the interest of “furtheri ’, under Florida Statute § 905.27; however, a review of the statute in question reveals that o action is provided for therein and consequently Plaintiff’s Complaint must be dismissed a of law. Despite Plaintiff’s extensive recitation of the factual background regardpg Epstein and the testimony and evidence presented to the 2006 grand jury is Palm Beach4o ‘da, Fla. Stat. § 905.27, merely it explains the exceptions to the disclosure of grand j t ’ n?and v does not set forth in any way a cause of action upon which to initiate a valid law suit¶

Moreover, a review of the stain clearly indicates that even if § 905.27, Fla. Stat. provided a basis for a cause of acti is barred from access to the records it seeks. To wit, in pertinent part, Fla. Stat. § 905.27(¶

When such disclos case, it may disci to their I is persons crinti dered by a court pursuant to subsection (1) for use in a civil to all parties to the case and to their attorneys and by the latter and employees. However, the grandpa”, testimony afforded such th urt can only be used in the defense or prosecution of the civil or and for no other purpose whatsoever.¶

he the clear statutory guidelines for disclosure of grand jury materials in a civil case, Plaintiff is ifnproperly seeking the requested 2006 grand jury materials for the purposes of public disclosure pursuant to the court’s inherent authority and supervisory powers over the grand jury. [See, Complaint 11 8, 62]. Again, even if Plaintiff properly asserted a cause of action under Fla. Stat. 905.27, the statute unambiguously states that grand jury testimony “can only be used in the defense or prosecution of the civil or criminal case and for no other purpose whatsoever”, which is distinctly different from¶

Plaintiff’s intended purpose for public disclosure of the grand jury evidence. Fla. Stat. & 905.27(2). Finally, it is significant to note that despite Plaintiffs allegations to the contrary, Defendant Aronberg is not in custody or control of the records sought and is therefore not a proper party to this action.¶

WHEREFORE, based on the foregoing argunient and suliportiag authority, Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, respectfully requests that this Honorable Court grant the instant Motion and dismiss Plaintiff’s Complaint with prejudice, andrm Defendant igt Aronberg all other and further relief deemed just and proper, including attorney’ and costs for defending this frivolous action.¶

CERTIFICATE OF SERVICE¶

I HEREBY CERTIFY that on this 6th day of December. 2 , copy of the foregoing has been electronically filed with the Florida E-File Portal for e-seivice it’s of record herein.¶

c)(se¶

CHOLZ & WYLER, LLC¶

uglas A. Wyler¶

Arthur I. =, Esq. Fla. Bar No.: 10249 Richard J. Scholz, Esq. Fla. Bar No.: 0021261 Douglas A. Wyler, Esq. Fla. Bar No.: 119979 961687 Gateway Blvd., Suite 201-I Fernandina Beach, Florida 32034 (904) 261-3693 (904) 261-7879 Fax Primary: jacobsscholzlaw®comcast.net¶

General Counsel for the Florida Prosecuting Attorney’s Association¶

Def.Ex.A-4¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

CA FLORIDA HOLDINGS, LW, CASE NO.: 50-2019-CA-014681-XXXX-MB¶

Publisher of THE PALM BEACH POST, Div.: AG¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida,¶

CA Florida Holdings, LW, publisher o Beach Post, for its First Amended tto St6 Complaint against Dave Aronberg, the St official capacity (“State Attorney”), y for Palm Beach County, Florida, in his R. Bock, the Clerk of the Court for Palm Beach County, Florida, in her official C c ) ourt Clerk”), alleges as follows:¶

JURISDICTION¶

• This is an ? {sup}oIr within the exclusive jurisdiction of the Circuit Court pursuant to Fla. Stat. Secti (2Xa) and 86.011 et seq.
  • 1.

PARTIES¶

• 2. The Palm Beach Post is a daily community newspaper published by Plaintiff CA Florida Holdings, LW, with offices located at 2751 S. Dixie Highway, West Palm Beach, Florida.
• 3. Defendant Dave Aronberg is the duly elected State Attorney for the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, pursuant to Fla. Stat. Section 27.01 and has authority in grand jury proceedings pursuant to Fla. Stat. Section 27.03. He is sued herein in

his official capacity as his office is in possession and/or control of documents that are the subject of this action.¶

4. Defendant Sharon R. Bock is the duly elected Clerk and Comptroller of Palm Beach County, Florida. She is sued herein in her official capacity as her office is in possession and/or control of documents that are the subject of this action.

INTRODUCTION¶

5. In what is now widely if belatedly recognized as a colossal e of justice which led to the further needless victimization of countless young gijls and wofuen — a wealthy, politically connected, and powerful financier was not held ac table for, nor even forced to confront, allegations of serious sex trafficking crimes. WhAv • ‘t i that Jeffrey Epstein’s 2008 deal with the State of Florida was not consistent ,c • \Vence p gathered against him, what remains shrouded in mystery is how that evid its a resented — and the extent to which it was presented - to the grand jury that return4iin tment far more limited in scope than expected and deserved.

6. Through this ac on, S i )Palm Beach Post seeks public access to the testimony, minutes, and other evide esented in 2006 to the Palm Beach County grand jury empaneled during the first E example, in ability in sex ‘use investigation. Typically, access to such materials is limited, for event the flight of those whose indictment may be contemplated and their l or destroy evidence; to ensure jurors’ candor in deliberations; and to protect an accused who is later exonerated. However, these factors are inapplicable here. Also, Florida law expressly authorizes the disclosure of grand jury proceedings under certain circumstances, including, as here, in the furtherance of justice. Fla. Stat. § 905.27(1Xc).

7. It can no longer credibly be maintained that continued blanket secrecy over the proceedings that led to the egregiously flawed 2006 Epstein indictment is warranted under the law. To the contrary, transparency is required to promote public understanding of the criminal justice system and public confidence in the fair administration of justice. As detailed below, Epstein was accused of sexually abusing and trafficking dozens of women and girls in south Florida (among other locations) over a period of several years while exploiting his wealth and political connections to obstruct the administration of justice at every turn. Public disclosure of the Epstein grand jury proceedings will shed light on the extent to NN hich those in our government ent> with the solemn responsibility of enforcing our criminal laws equally as to all citiz ed their duties in this instance. Justice will be furthered where it is either (1) demonstel stein was treated like others accused of similar heinous crimes, or (2) as app ore likely to be the case, those who those to give Epstein favorable — “unusual,” in the 1St ,o ,the Town of Palm Beach Police Chief — treatment, are exposed and held accountable w t hailed information is now in the public domain, the State Attorney’s referral o ’ \ case to the grand jury — which would be out of the ordinary for this type of ca gi rise to a strong inference of favoritism and corresponding disregard for the ri ’ or victims of Epstein’s sex trafficking. Access to the grand jury materials will all w th ublic to determine whether the grand jury process, and the secrecy that comes with used to further justice or, instead, operated to shield Epstein and his co-conspirato m t e consequences of their criminal activities. Accordingly, Fla. Stat. Section 905. oozes the disclosure of Epstein’s 2006 grand jury proceedings.

• ven in the absence of such a statutory basis, this Court is empowered to order public disclosure pursuant to its inherent authority and supervisory powers over the grand jury. Indeed, courts throughout the country in the past several decades have ordered the disclosure of high-profile grand jury proceedings pursuant to their inherent authority where the public’s interest in those proceedings has outweighed the general need for secrecy. This is particularly so where,

as here, many of the details of Epstein’s criminal misdeeds have already been made available in the public domain through extensive news reporting by, among others, The Palm Beach Post; by the many civil suits brought against Epstein and his co-conspirators; and by the victims themselves.¶

9. In recognition of the sensitivity of the materials being sought, and in the interest of protecting any victims who wish to remain anonymous, The Palm Beach Post has no objection to copies of the testimony, minutes, and other evidence presented in 2006 to the P h County grand jury first being submitted to this Court for in camera review, where be redacted, as appropriate, to protect those who deserve such protection.

FACTUAL BACKGRO¶

10. The following facts were gathered, in fart Palm Beach Post through various Florida Public iR ltirs” requests, documents unsealed or documents obtained by The publicly available in other related judicial p public record. , and information and documents in the

A. First Epstein Sex Crimes Investigation, Indictment, and Plea Agreement: 2005-2008.¶

11. The investigatioNititel Epstein’s sex crimes began more than fourteen years ago, when a 14-year-old _irl’s ii1 other repotted to police in the Town of Pahn Beach, Florida, that Epstein and o • worked for him arranged for her to give Epstein a “massage.” Epstein required t trip, exposed himself, and masturbated while touching her. The girl was paid $300. E was 52 years old at the time.

12. Following this initial report in 2005, the Town of Pahn Beach Police, and later, in 2006, the FBI, investigated Epstein. Interviews under oath with five additional alleged victims and seventeen witnesses revealed that the events described by the 14-year-old girl occurred, with disturbingly similar details, with each of the other victims.

13. Both the victim/witness interviews, as well as evidence retrieved following a search of Epstein’s home, showed that some of the girls involved were under the age of 18. The police search of Epstein’s residence also found two hidden cameras and, throughout the house, large numbers of nude photos of girls, including victims whom the police had not interviewed in the course of their investigation.

14. In March 2006, a State grand jury was scheduled at which all of ims were expected to testify. The proceeding was postponed, however, due to meetings ) een the State Attorney’s office and Epstein’s prominent criminal defense lawyetittd personal friend, Alan Dershowitz.

15. Another grand jury was convened in April , anceled the day before it was to begin receiving evidence.

itr \ (1) Ponce Chief Reit ( s Iffs ir f to the State Attorney.¶

16. On May 1, 2006, Town Pa Beach Police Chief Michael Reiter wrote a “personal and confidential” letter n lm Beach County State Attorney, Barry Krischer, stating:

I must renew an observation to you that I continue to find your office’s treatment of the E ] cases highly unusual. It is regrettable that I am forced to communi in thi manner, but my most recent telephone calls to you and those of the d tective to your assigned attorneys have been unanswered and mess es aim unreturned. After giving this much thought and consideration, I must urge you to examine the unusual course that your office’s handling of this Attuer has taken and consider if good and sufficient reason enists to require your disqualification from the prosecution of these cases. (Emphasis supplied)¶

17. Chief Reiter’s letter to State Attorney Krischer enclosed the Town of Palm Beach Police Department’s probable cause affidavits charging Epstein and two of his assistants with multiple counts of unlawful sex acts with a minor and one count of sexual abuse, and requested that either an arrest warrant be issued for Epstein or the State Attorney directly initiate the charges against him, which would be public.

(2) The July 2006 State Grand Jury Presentation.¶

18. Instead, State Attorney Krischer elected to refer the case to a grand jury, which is mandatory for capital cases but rarely used for all other crimes. According to an official spokesperson, this was the first time that a sex crimes case was presented to a Beach County. in Palm

19. In July 2006, after State Attorney Krischer presented t CI d evidence from one victim, the grand jury returned an indictment on a sole coyliLof d nation of prostitution. There is no mention in the indictment of the victim being

20. On information and belief, a sewnd s victims was supposed to testify before the grand jury, but was unable to atten f a school exam.

21. No reasonable explanation has berprovided as to why the numerous other known taw’ victims were not presented as witnesses and crime victims to the grand jury convened in July 2006. Nor has any reasonable explanation been provided as to why State Attorney Krischer, who was initially eager to invest’ d prosecute Epstein for his crimes, over time lost the desire to do so.

22. nS nuation e and belief, during the grand jury appearance of the single victim who t he State Attorney presented evidence that vilified the victim and attacked her credibility, including soliciting testimony regarding underage drinking and questionable personal behavior that was unrelated to the charges against Epstein. Further upon information and belief, this information was initially brought to the attention of the State Attorney’s office by Epstein’s defense counsel.

(3) The FBI’s Investigation and Epstein’s Non-Prosecution Agreement With Federal Authorities.¶

23. On information and belief, following the deficient July 2006 indictment, and with Chief Reiter’s encouragement, the FBI began its own investigation of Epstein.

24. Records unsealed in 2015 revealed that the FBI compiled reports on “34 confirmed minors” that were victims of Epstein’s sexual predations. Based on evidence gather the FBI, a 53-page indictment was prepared by the U.S. Attorney’s Office in June 200 S owever, , at the request of Epstein’s lawyers, the indictment was never presented to a fed jury.

25. Instead, then U.S. Attorney for the Southern District o negotiated a plea deal with Epstein’s team of lawyers to four named co-conspirators and any unnamed potentia charges. Alexander Acosta, ty to Epstein (along with ators) from all federal criminal

26. Throughout the remainder ojj7 dtrd through the first half of 2008, Epstein’s lawyers and the U.S. Attorney contin ting the plea arrangement. Upon information and belief, Epstein’s lawyers insis C id, t ) the victims not be notified, (2) the deal be kept confidential and under seal, an, grand jury subpoenas (including one that had already been issued for Epstein’s mp be withdrawn.

27. Ju 0, 2008, Epstein pled guilty to State charges; one count of solicitation of prostituti count of solicitation of prostitution with a minor under the age of 18. He was senten 18 months in jail, followed by a year of community control or house arrest, and was adjudicated as a convicted sex offender required to register twice a year in Florida.

28. The plea deal, called a non-prosecution agreement (“NPA”), allowed Epstein to receive immunity from federal sex-trafficking charges that could have sent him to prison for life. 30. Epstein was released five months early.

29. Upon information and belief, Epstein violated the t not prosecuted. AS” 0 obation, but was

(4) The Crime Victims’ Rith¶

32. Epstein’s victims only learned after an emergency petition to force federal prosecu (18 U.S.C. § 3771, “CVRA”), which m to be informed about plea agreem Kenneth A. Marra recently nil Epstein’s victims before 4 ! ‘ut his plea in State court and filed ply with the Crime Victims’ Rights Act in rights for crime victims, including the right right to appear at sentencing. U.S. District Judge deral prosecutors violated the CVRA by failing to notify him to plead guilty to only the two State offenses.

On information and belief, based on public records, former State Attorney Krischer communicated with then U.S. Attorney Acosta concerning the NPA’s negotiation with Epstein’s lawyers.¶

29. Indeed, Epstein was not incarcerated in a Florida prison for the State crimes for which he was convicted. Instead, he was placed in a private wing of the Palm Beach County Stockade, where, after 3 12 months, he was allowed to leave the jail on “work release” for up to 12 hours a day, 6 days a week. His private driver provided his transportation to “work.”

30. T ecu on’s failure to keep the victims apprised, among other things, also contravenes • Constitution, Article 1, § 16(b) and Fla. Stat. § 960.001.

ollowing publicity exposing the extraordinary leniency of the plea deal, dozens of civil suits were brought against Epstein, most of which Epstein’s lawyers settled out-of-court.¶

35. In 2010, Epstein was registered as a “level three” (i.e., high risk of repeat offense) sex offender in New York, a lifelong designation. In 2011, the New York County District Attorney’s office unsuccessfully sought to lower his registration to low-risk “level one.”

36. Upon information and belief, during the course of the Town of Palm Beach and FBI investigations, Epstein retained private investigators to follow, harass, and photograph his victims and their families, as well as Chief Reiter and the Town of Palm Beach detective who investigated the case against Epstein.

37. Upon information and belief, Epstein’s victims were threatened against cooperating with law enforcement and told that they would be compensated only if they did no rate with iS law enforcement.

B. Second Epstein Sex Crimes Investigation, Indictment, ai 19.¶

38. On July 6, 2019, Epstein was arrested on federal g charges.

39. Upon information and belied the United S t ent’s investigation of new allegations and charges stemmed, in part, from con i ’ iSu ts ” investigations into and reporting on the mishandling of the 2006 charges and th #4144c that followed.

40. In a July 8, 2019, letter e f al district cowl by the U.S. Attorney for the Southern District of New York, E w escribed as “a serial sexual predator who preyed on dozens of minor girls over a .” The letter emphasized that “the Government has real concerns — grounded in p rience with this defendant — that if allowed to remain out on bail, the defendant to pressure and intimidate witnesses and potential witnesses in this case, inclu and their families, and otherwise attempt to obstruct justice.” It also descri sults of the FBI’s search of Epstein’s Manhattan townhouse: evidence of sex trafficking in the form of “hundreds — and perhaps thousands — of sexually suggestive photographs of fully- or partially-nude females,” including underage females. In a locked safe, compact discs were found with handwritten labels including the descriptions: “Young [Name] + [Name],” “Misc nudes 1,” and “Girl pies nude.”

41. On July 8, 2019, prosecutors with the Public Conuption Unit of the U.S. Attorney’s office for the Southern District of New York charged Epstein with sex trafficking and conspiracy to traffic minors for sex. The grand jury indictment alleges that “dozens” of underage girls were brought into Epstein’s mansions for sexual encounters. A few days later, owing to public outcry over the NPA with Epstein entered into by the U.S. Attorney for the Southern District of Florida, Alexander Acosta, who by then was serving as U.S. Secretary of Labor administration, resigned from office. Trump

On at 42. Epstein was denied bail and was placed into pre Metropolitan Correction Center in lower Manhattan. the federal¶

43. On or about August 6, 2019, Florida Gov it antis ordered a state criminal probe into the actions of the Palm Beach Sheriff At State Attorney Krischer for their handling of the Epstein underage sex traffic Atis”

44. On August 10, 2019, E found dead in his cell at the Metropolitan Correctional Center. His cause of etemuned to be suicide.

C. The August 27, 2019, Hearing: Epstein’s Victims Speak.¶

45. On acco if irhis death, prosecutors sought to dismiss the indictment against Epstein, while maintaining at they would continue to investigate his co-conspirators.

46. Mates Senior District Judge Richard M. Berman ordered a hearing on Augu 9, on the prosecutors’ decision to dismiss the indictment and allowed victims to speak at the hearing.

47. In the course of the hearing, more than two dozen victims delivered their personal stories of pain, frustration, and sexual abuse at the hands of Epstein. Several victims spoke of violent rape by Epstein. Many more victims were present in the courtroom but did not testify.

48. While some questioned the reasoning behind the court’s decision to give the victims voice after Epstein’s death, District Judge Berman noted that “a public hearing is [the] preferred vehicle of resolution,” emphasizing that “public hearings are exactly what judges do. Hearings promote transparency and they provide the court with insights and information which the court may not otherwise be aware of.” Indeed, even Epstein’s defense lawyer noted at the hearing that the court “is the institution that most people have confidence in, in these very tro . {sup}51

49. At the August 27th hearing, the girls, now women, spoke a “exploitation and coercion,” and to the fact that many of them “were in very vulnera ns and in extreme poverty, circumstances where [they] didn’t have anyone on < 5ir e, to speak on [their] behalf…” One victim lamented that “as a victim, [she] g see what the agreement was or why the special treatment got approved” in the i its’ c ., years earlier. Another noted how “completely different” the investigators lead’ 2019 federal indictment were from the prosecutors in the Florida case, both . eir tment of her and their investigation of her victimization by Epstein.

50. A former fede attendance at the August 27th hearing emphasized that “transparency is one of t ding objectives in our criminal justice system.”

51. Ne all o the victims expressed the conviction that the secrecy that shielded Epstein has them “irreparable harm” and that an opportunity to address his criminal wrong d those of the individuals who enabled his sexual racketeering, would allow for at least some measure of justice to be served after his death. Indeed, one victim stated: “Any efforts made to protect Epstein’s name and legacy send a message to the victims that he wins and that he is untouchable.” Another victim expressed fear that this is a world `where there are predators in power, a world where people can avoid justice if their pockets run deep enough.” In short, the Beach County and the Treasure Coast vicinity. 52. Plaintiff, The Palm Beach Post, is a community newspaper servlc - ade in Palm

“unusual” treatment Epstein received in Florida in 2006 based on his wealth, social status, and connections severely eroded the public’s faith in the integrity and impartiality of the criminal justice system.¶

D. The Palm Beach Post’s Standing and the Public Interest.¶

(1) The Palm Beach Post Has Reported Extensively On Epstein’s Crimes For Nearly 15 Years.¶

53. The Palm Beach Post has been a Pulitzer Prize winneiand nominated as a finalist three other times.

54. Beginning in 2004, The Palm Beach Pos t wely investigated and reported on the allegations against, the law enforcement .ga n of and the crimes committed by, Epstein and his co-conspirators. The Ne ortage has included publication of the following articles:

• “The Man Who Ha g: Jeffrey Epstein Craved Big Homes, Elite Friends and Investigators S ge Girls.,” published on August 14, 2006, reporting that: a 1 unity college student, admitted in a sworn statement to police that “s taken at least six girls to visit Epstein, all between the ages of 14 and 16;” Palm h Police “interviewed five alleged victims and 17 witnesses;” “DershoCitz, award law professor, traveled to West Palm Beach with information about the • s,” including social media discussions about “their use of alcohol and qualm; after meeting with Epstein’s legal team, “prosecutors postponed their to take the case to a grand jury;” Palm Beach Police subsequently “received aints that two of the victims or their families had been harassed or threatened;” ations between police and prosecutors were fraying” as the investigation continued; nd “one girl who was subpoenaed — the one who said she had sexual intercourse with Epstein — never showed up” to testify before the grand jury.

• “Trump Snags Gosman Estate for $41 Million” published on November 16, 2004, reporting on the bidding war between Donald Trump and Jeffrey Epstein for the purchase of a “43,000-square-foot, seven-bedroom estate on 6 oceanfront acres along the storied `Raider’s Row’ ” in Palm Beach.

• “Indictment: Billionaire Solicited 3 Times” published on July 25, 2006, reporting that “Billionaire money manager and Palm Beach part-time resident Jeffrey Epstein solicited or procured prostitutes three or more times between Aug. 1 and Oct. 31 of last year, according to an indictment charging him with felony solicitation of prostitution.” The article further reported that “Epstein’s case is unusual in that suspected prostitution johns are usually charged with a misdemeanor, and even a felony charge is typically made in a criminal information — an alternative to an indictment charging a person with the commission of a crime.”

• “After Long Probe, Billionaire Faces Solicitation Charge” published on J 26, 2006, reporting that “Palm Beach police thought there was probable cause t e Epstein with unlawful sex acts with a minor and lewd and lascivious mol e article further reported that “Police Chief Michael Reiter was so an a. a State Attorney Barry Krischer’s handling of the case that he wrote a memo g the county’s top prosecutor disqualify himself,” and identified a 20-ye i e-record female source who said “she gave Epstein a massage in the nude rought him six girls, ages 14 to 16, for massage and sex-tinged sessions a ho

• “Police Say Lawyer Tried to Discredit Teena ublished on July 29, 2006, reporting that “[flamed Harvard law prof rshowitz met with the Palm Beach County State Attomey’s Office ed damaging information about teenage girls who say they gave his P Beach billionaire Jeffrey Epstein, sexually charged massages” and t h to attorney’s office said it presented the Epstein case to a county grand onth rather than directly charging Epstein because of concerns about the bility.”

• “Expert: Ignorance of A ense In Sex Cases” published on August 5, 2006, reporting that “Mather charges, the state attorney’s office presented the case to a county grand jury” w h “indicted Epstein last week on a single, less serious charge of felony solic on of prostitution,” and that “[t]he case raised eyebrows because the state attorney’s office rarely, if ever, kicks such charges to a grand jury.”

• “Epste amp Palls Female Accusers Liars” published on August 8, 2006, reporting ” to attorney’s spokesman would say only that the office refers cases to the 81 hen there are issues with the viability of the evidence or witnesses’ Beach Chief Focus of Fire In Epstein Case” published on August 14, 2006, rting that Chief Reiter “pressed for Epstein to be charged with the more serious crimes of sexual activity with minors” and “slammed State Attorney Barry Krischer in blunt language seldom used by one law enforcement official with another because of what he perceived as that office’s mishandling of the case.”

• “Delays In Epstein Case Unusual, Lawyers Say’ published on March 13, 2007, reporting that “[n]early eight months after Palm Beach tycoon Jeffrey Epstein was charged with felony solicitation of prostitution, there has been no discernible progress in his case.”

• “Woman Sues Billionaire Investor, Says They Had Sex When She Was 16” published on October 18, 2007, reporting on a lawsuit brought in New York State court against Epstein “by a young woman who says he had sex with her when she was 16 and had sought his help becoming a model.”

• “Palm Beadier Pleads In Sex Case” published on July 1, 2008, reporting that “Epstein, 55, pleaded guilty … to felony solicitation of prostitution and procuring a person under the age of 18 for prostitution,” resulting in “a lifelong obligation to register as a sex offender,” and that “[a]s part of the plea deal, federal investigators agreed to drop their investigation of Epstein, which they had taken to a grand jury.”

• “Jeffrey Epstein: Scientist, Stuntman, ‘Sex Slave’ Visit Jailed Tycoon” published on August 11.18ating that “[d]uring his first month of co ement” Epstein was visited by who allegedly escorted victims “upon heir, Nal at his Palm Beach waterfront home to an upstairs room, where she pre the massaoe table and provided the oils for their encounters” with Epstein, an by “a young woman whom Epstein purportedly described

• “Billionaire Sex Offender Leaves Jail Six Da 1, 2008, reporting that Epstein “is allowed t six days a week on a work-release progr

• “Women Want Epstein Sex Plea Dea that attorneys for women suing agreement [NPA] with federal agreement in Circuit Court at least a dozen civil la said they had sex wi Beach Post moved t to the NPA, which slavian sex slave.” or Work” published on July Palm Beach County Stockade ’ published on June 10, 2009, reporting arious courts “want his [non-prosecution] ors unsealed” and were moving to unseal the th Judicial Circuit, and that “Epstein now faces ederal and state courts filed by young women who now are seeking damages.” On that date, The Palm e in the matter for the purpose of obtaining public access ered disclosed by this Court on June 25, 2009.

• “Epstein’s S ct With Feds Reveals ‘Highly Unusual’ Tenns” published on September 19, 9, reporting that, owing to Epstein’s non-prosecution agreement, “federal prosecutors backed down and agreed to recall grand jury subpoenas if Epstein *tided guilty to prostitution-related felonies in state court” and “also a not to cliarge gny of E stein’s ossible co-conspirators: , Lesley Groff-fid ” The article further reported that, according to an attorney representing three of Epstein’s victims, “none of the 30 to 40 wom[e]n identified as victims in the federal investigation” were informed ahead of time about the NPA.

• “Judge Rules Epstein Attorneys Can Subpoena Abortion Records” published on January 27, 2010, reporting that “a judge … gave lawyers representing multimillionaire sex offender Jeffrey Epstein the right to subpoena abortion records from women who are seeking millions in damages from the part-time Palm Beach resident.”

proceedings resu 55. Since the filing dlhejhitial Complaint in this matter, The Palm Beach Post —along with media worldwide — Nontinued to report on Epstein’s crimes and the ongoing official m those crimes.¶

• “Epstein Journal’s Findings Could Resurrect Abuse Case” published on March 20, 2010, reporting that “[a] purloined journal that is said to contain the names of ‘hundreds’ of victims of convicted sex offender Jeffrey Epstein could be used to reopen the investigation into the multi-millionaire’s appetite for teenage girls.”
• “Epstein Paid Three Women $5.5 Million to End Underage Sex Lawsuits” published on October 4, 2017, reporting that, according to court documents, Epstein “shelled out $5.5 million to settle lawsuits with three of more than two dozen teens who sued him.”
• “Judge Rules Feds’ Agreement With Jeffrey Epstein Pact Violated Rights” published on February 22, 2019, reporting on a ruling by U. Kenneth Marra that “Federal prosecutors violated the rights o teenage victims [under the Crime Victims’ Rights Act] by fa’ dropped plans to prosecute the billionaire on dozens of f with the girls’ claims that he paid them for sex at his Palm Victims’ et Judge y pstein’s veal they had m connection ion.”
• “Epstein Indicted On Sex Charges/Part-Time Palm Beacher Pldads Not Guilty to Sex Trafficking, Conspiracy Charges In Federal Court liManhattan” published on July 9, 2019, reporting on Epstein’s appearance in U.S. District Court for the Southern District of New York in which he “pleaded not guilty to charges accusing him of creating a vast network of girls as young as 14 that he e loited for his sexual pleasure at his homes in Palm Beach and Manhattan.”

A true and correct copy of the above news art’ Sees, er the computerized format in which they are maintained in The Palm Beach Po ec nic archives or the news print edition in which originally published, is annexed hIbit 1.¶

(2) The Palm Beach PosPs Standing and the Public Interest.¶

e press has a constitutional right of access to criminal proceedings, see, e.g., Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 573 (1980), including pre-trial criminal proceedings. v. Graddick, 696 F.2d 796 (11th Cir. 1983). Indeed, “the integrity of the judicial process, which public scrutiny is supposed to safeguard, is just as much at issue in proceedings of this kind [pre- and post-trial] as at trial.” Id. at 801; see also Miami Herald Publ.¶

Co. v. M, 426 So. 2d 1, 6-7 (Fla. 1982) (identifying the news media as a “public surrogate” in matters concerning the closure of judicial proceedings). The press also has a First Amendment interest in receiving information from willing speakers. See Va. Pharmacy Bd. v. Va. Consumer Council, 425 U.S. 748, 756-57 (1976) (“Where a speaker exists … the protection afforded [by the First Amendment] is to the communication, to its source and to its recipients both.”); Pittman v. M. 267 F.3d 1269, 1283 12.12 (11th Cir. 2001) (“The Supreme Court has r that the First Amendment offers protection to both speakers and those wishing to h.”); see also Stephens v. Qv. of Albemarle, Va., 524 F.3d 485, 492 (4th Cir. 20 g that a plaintiff has “standing to assert a right to receive speech” by “show[in th exists a speaker willing to convey the information to hee’). V¶

ess as a “public surrogate” (=, 426 So. 2d at 6-7) in protecting the right of t in reporting information about criminal proceedings, news organizatio resu ytively have a tight to access judicial records,” Comm ‘r, Ala. Dep’t of Corr. v. Adv c I Media, LLC, 918 F.3d 1161, 1166 (11th Cir. 2019), and “standing to question the an order restricting publicity because its ability to gather news is directly unpaired iled.” 426 So. 2d at 4; see also Carlson v. United States, 837 F.3d 753, 75 8 (7th ‘Cir. 2016) (“[a]s a member of the public, [the Reporters Committee] has standin [its] claim” to grand jury materials because such materials are “public records to whi lic may seek access, even if that effort is ultimately unsuccessful”). 57. Because of the unique role performc’i¶

58. Here, the continued denial of access to information The Palm Beach Post seeks on behalf of its journalists and the public it serves “unquestionably constitutes irreparable injury.” Gainesville Woman Care, LLC v. State of Florida, 210 So. 3d 1243, 1263 (Fla. 2017); see also Zerilli v. M, 656 F.2d 705, 711 (D.C. Cir. 1981) (noting that “the press’ function as a vital

source of information is weakened whenever the ability of journalists to gather information is impaired,” as it is by Attorney General’s refusal to disclose unredacted report and underlying grand jury materials).¶

59. The Palm Beach Post has the right to maintain this private right of action because the furtherance of justice, an express legislative exception to grand jury secrecy, is intended for the public benefit, and The Palm Beach Post seeks access on behalf of the Fla. Stat. § 905.27(1Xc). It is further express in Fla. Stat. § 905.27 that the legisla ’ for a court to be the party to make the determination of disclosure. Fla. Stat. § 9 other words, the legislature intended for recourse to the courts in considering e e ng the propriety and scope of grand jury secrecy.

E. The Court’s Jurisdiction And Authority. AC I \ I”¶

(1) The Court’s Supeitti of the Grand Jury Process and Its Authority to Order Public Disclosure of the Eastein Evidence.¶

60. The Florida Supreme noted that “in states such as Florida, where the grand jury is preserved, it is an ppendage of the court which impanels it. At the same time it should not be forgotten judge of that court is equally important and he is generally charged with the supervise Ii r o t’lthe grand jury’s activities…It is, therefore, of vital importance to maintain the 4:1. the integrity of both the grand jury and the presiding judge.” State v. Clemons, 231, 233-34 (Fla. 1963).

6 Chapter 905 of the Florida Statutes governs the empanelment and conduct of Florida grand juries. The court gives the grand jury its initial charge and advises the grand jury about its legal duties. Fla. Stat. § 905.18.¶

62. Florida Stat. Section 905.27(1) provides that “the testimony of a witness examined before the grand jury … or other evidence received by it” may be disclosed “when required by a

court … for the purpose of: (a) Ascertaining whether it is consistent with the testimony given by the witness before the court; (b) Determining whether the witness is guilty of perjury; or (c) Furthering justice.” Fla. Stat. § 905.27(1)(a)-(c).¶

63. Further, disclosure is appropriate pursuant to this Court’s inherent authority over grand jury proceedings because of the exceptional public interest in this case and the compelling circumstances supporting transparency. Carlson v. United States, 837 F.3d at 766 trict court has the inherent power to disclose [grand jury] materials in exceptional ces and … historic importance can be a sufficient reason when there is little count eed for secrecy”).

64. The Florida Supreme Court has confirmed that d j secrecy is not absolute and that any “potential harm to public officeholders” fro ticl “will be the product of their own conduct, and not the consequence of an unr SiO’ r y of misguided citizens.” Miami Herald Pub. Co. v. Marko, 352 So. 2d 51 “The benefits to be derived from this extraordinary exercise in citizen partici n[idWhe grand jury] would be severely limited if the fruits of that activity were not ava o public on whose behalf it is undertaken. Implicit in the power of the grand jury to e and expose official misconduct is the right of the people to be informed of its find e public disclosure of grand jury findings inevitably entails the risk of reputatio e, the legislature has ensured that any potential harm to public officeholders the product of their own conduct, and not the consequence of an unrestrained body ed citizens.”).

(2) The Court’s Jurisdiction To Declare Riahts And Construe Statutes.¶

65. This Court has jurisdiction to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed. Florida Stat. Section 86.011.

66. Florida law specifically provides that a declaration may be sought from the Court concerning a petitioner’s rights under a statute. Florida Stat. Section 86.021 (“Any person…whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority,…may have determined any question of construction or validity arising under such statute,… or any part thereof, and obtain a declaration of rights, status, or to her equitable or legal relations thereunder.”).

67. The Court’s exercise of its power to declare rights “is to be administered and construed.” Florida Stat. Section 86.101.

COUNT I¶

(Declaratory Relief - Florida Stat. Sec 1 et seq.)¶

68. The allegations set forth in paragrap 1 67 are incorporated by reference as if folly set forth herein.

69. This is an action for Dec (tor Sit lief pursuant to Chapter 86, Florida Statutes, and other supplemental relief.

70. The Palm Beac ost ectfiilly requests that the Court declare that pursuant to Fla. Stat. Section 905.27,E s entitled access to the testimony, minutes, and other evidence presented in 200 he Pa i Beach County grand jury because such disclosure and access would be in the fit i e of justice. Fla. Stat. § 905.27(1X0). Because The Palm Beach Post is not seekin tenals in connection with either a civil or criminal case, it seeks a declaration that the scope of its use of the disclosed materials is not limited. See Fla. Stat. § 905.27(2).

71. The Palm Beach Post further seeks a declaration that disclosure of the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury is appropriate pursuant to this Court’s inherent authority over grand jury proceedings because of the exceptional public interest in this case and the compelling circumstances supporting transparency.

72. The Palm Beach Post has sought from Defendants, but Defendants have refined to provide, access to the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury. Indeed, Defendants have each filed motions to dismiss the Complaint and the relief it sought under Fla. Stat. Section 905.27(1). Accordingly, a good-faith disput s between the parties.

AS” Oliciable question 73. Through this Complaint, The Palm Beach Post presen concerning its rights to obtain the 2006 grand jury materials purs to . Stat. Section 905.27(1) and the Court’s inherent authority.¶

74. A bona fide, actual, present, and p 12/ etiSilly for the declaration exists in that Defendants have denied to The Palm Beac be h S r d to the public at large — the grand jury materials sought to disclosed. The reli ugh om the Court is therefore not merely the giving of legal advice or to answer hypo lions.

WHEREFORE, The P Be Post respectfully requests that the Court determine the rights and obligations of es by declaring that pursuant to Ha. Stat. Section 905.27(1Xc) and the Court’s rent thority, The Palm Beach Post may gain access to the testimony, minutes, and ence presented in 2006 to the Palm Beach County grand jury and use those maten purpose of informing the public.¶

COUNT¶

75. The allegations set forth in paragraphs 1 through 74 are incorporated by reference as if fully set forth herein.

76. Based on infomuation learned by The Palm Beach Post through its Florida Public Records Law requests, law enforcement sources with direct knowledge of the grand jury evidence and proceedings, judicial documents obtained from independent but related court proceedings, and documents otherwise available in the public record, the State Attorney for Palm Beach County presented truncated evidence of Epstein’s criminal wrongdoing to the 2006 grand jury in a manner that precluded his indictment for the serious crimes he committed, including ser ng and sexual assault.

77. Pursuant to Florida Stat. Section 905.27, in order to ce for Epstein’s victims and the public, and to provide public disclosure to illn , • to ‘ether Epstein received unreasonably lenient treatment based on the available e c e Palm Beach Post requests s immediate access to the testimony, minutes, and o Her • r ce presented in 2006 to the Palm Beach County grand jury.

78. In a case of this magnitud d im dance, where the accused is dead and so many of his crimes, as well as the identi es of his co-conspirators, and the identities of the victims have already been e eed for grand jury secrecy is no more. See United States v. Socony-Vacuum Oil i U.S. 150, 234 (1940) (“[A]fter the grand jury’s functions are ended, disclosure holly roper where the ends of justice require it.”).

The Pahn Beach Post respectfully requests that this Court, pursuant to Fla. Stat. S 5.27(1) and the Court’s inherent authority, order the State Attorney and the Clerk of the Court to file with this Court copies of the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury during the first Epstein sex abuse investigation so that, following an in camera inspection, it can be made available to The Palm Beach Post and the public on an expedited basis, and grant any other and further equitable or legal relief the Court deems just and proper.¶

Dated: January 17, 2020¶

By: Is/ Stephen A. Mende STEPHEN A. Florida Bar mendelso hasenh FLS m w.com ELSOHN 4 corn¶

Respectfully submitted,¶

GREENBERG TRAURIG, P.A. Attorneys for CA Florida Holdings, LLC, Publisher of The Palm Beach Post¶

Stephen A. Mendelsohn, Esq. 5100 Town Center Circle, Suite Boca Raton, Florida 33486 Telephone: (561) 955-762 Facsimile: (561) 338-7¶

By: el J Cnygiel CHAEL J GRYGIEL mitted Pro Hac Vice) 4 State St., 6th Floor Albany, New York 12207 Telephone: (518) 689-1400 Facsimile: (518) 689-1499 grygielm@gtlaw.com¶

By: /s/ Nina D. Banton NINA D. BOYAJIAN (Pro Hac Vice application pending) 1840 Century Park East, Suite 1900 Los Angeles CA 90067 Telephone: (310) 586 -7700 Facsimile: (310) 586 -7800 boyajiann@gtlaw.com riveraal@gtlaw.com¶

CERTIFICATE OF SERVICE¶

I HEREBY CERTIFY that on this 17th day of January, 2020, a copy of the foregoing has been electronically filed with the Florida E-File Portal for e-service on all parties of record herein.¶

/s/Stevhen A. Mendelsohn¶

EXHIBIT 1¶

The Newspaper’s Reportage on Jeffrey Epstein¶

The Palm Beach Post REAL NEWS STARTS HERE¶

The Man Who Had Everything: Jeffrey Epstein craved big homes, elite friends and underage girls¶

By Andrew Marra¶

Posted Jul 17, 2019 at 6:02 AM¶

From the archives: When Palm Beach detectives started asking questions and teenage girls started talking, a wave of legal resistance followed. )¶

Editor’s Note: This article appeared in The Palm Beach Post on August 14, 2006, three weeks after Jeffrey Epstein’s arrest in Palm Beach County on a charge of felony solicitation of prostitution.¶

WINGED GARGOYLES guarded the gate at Jeffrey Epstein’s Palm Beach mansion. Inside, hidden cameras trolled two rooms, while the girls came and went¶

137¶

For the police detectives who sifted e garbage outside and kept records of visitors, it was the lair of a troubling targe¶

Epstein, one of the most mysterious of the country’s mega-rich, was known as much for his secrecy as for his love of fine things: magnificent homes, private jets, beautiful women, friendships with the world’s elite.¶

But at Palm Beach police headquarters, he was becoming known for something else: the regular arrival of teenage girls he hired to give him massages and, police say, perform sexual favors.¶

Epstein was different from most sexual abuse suspects; he was far more powerful. He counted among his friends former President Bill Clinton, Donald Trump and Prince Andrew, along with some of the most prominent legal, scientific and business minds in the country.¶

When detectives started asking questions and teenage girls started talking, a wave of legal resistance followed.¶

» NEW: Jeffrey Epstein: Lawyer said financier had sex with woman during workrelease¶

If Palm Beach police didn’t know quite who Jeffrey Epstein was, they found out soon enough.¶

Epstein, now 53, was a quintessential man of mystery. He amassed his fortune and friends quietly, always in the background as he navigated New York high society.¶

When he first attracted notice in the early 1990s, it was on account of the woman he was dating: Ghislaine Maxwell, daughter of the late British media tycoon Robert Maxwell.¶

In a lengthy article, headlined “The Mystery of Ghislaine Maxwell’s Secret L e: the British Mail on Sunday tabloid laid out speculative stories that the socialite’s beau was a CIA spook, a math teacher, a concert pianist or a corporate headhunter.¶

“But what is the truth about him?” the newspaper won 7” \11?e Maxwell, Epstein is both flamboyant and intensely private.” \¶

S’ The media frenzy did not begin in full until a•deASde ter. In September 2002, Epstein was flung into the limelight when he flew Cl k ton …iay actors Kevin Spacey and Chris Tucker to Africa on his private jet.¶

Suddenly everyone wanted to Ic’tii Epstein was. New York magazine and Vanity Fair published lengthy profiles. The New York Post listed him as one of the city’s most eligible bachelors and began describing him in its gossip columns with adjectives such as “mysterious” and ‘reclusive?¶

Although no interviews, the broad strokes of his past started to come into focus.¶

Building a l e of extravagance¶

He was born blue-collar in 1953, the son of a New York City department employee, and raised in Brooklyn’s Coney Island neighborhood. He left college without a bachelor’s degree but became a math teacher at the prestigious Dalton School in Manhattan.¶

The story goes that the father of one of Epstein’s students was so impressed with the man that he put him in touch with a senior partner at Bear Stearns, the global investment bank and securities firm.¶

In 1976, Epstein left Dalton for a job at Bear Stearns. By the early 1980s, he had started J. Epstein and Co. That is when he began making his millions in earnest.¶

Little is known or said about Epstein’s business except this: He manages money for the extremely wealthy. He is said to handle accounts only of $1 billion or greater.¶

It has been estimated he has roughly 15 clients, but their identities are the subject of only speculation. All except for one: Leslie Wexner, founder of The Limited retail chai 4 and , a former Palm Beacher who is said to have been a mentor to Epstein.¶

Wexner sold Epstein one of his most lavish residences: a massive townhouseC?at dominates a block on Manhattan’s Upper East Side. It is reported to have, amon • s tt features, closedcircuit c television and a heated sidewalk to melt away fallen snow.¶

That townhouse, thought to be the largest private residence Iv is only a piece of the extravagant world Epstein built over time.¶

/ 414/ACH\l In New Mexico, he constructed a 27,000-square-foot hilltop mansion on a 10,000-acre ranch outside Santa Fe. Many believed it to be the largest home in the state.¶

In Palm Beach, he bought a waterfront home on El Brillo Way. And he owns a 100-acre private island in the Virgin Islands.¶

» PHOTOS: The players in thejeffrey Epstein saga¶

Perhaps as remarkable as his lavish homes is his extensive network of friends and associates at the highest echelons of power. This includes not only socialites but also business tycoons, media moguls li cians, royalty and Nobel Prize-winning scientists whose research he often funds.¶

“Just like other people collect art, he collects scientists,” said Nowak, who directs the Program for Evolutionary Dynamics at Harvard University and was reportedly the recipient of a $30 million research donation from Epstein.¶

Epstein is said to have befriended former Harvard President Larry Summers, prominent law Professor Alan Dershowitz, Donald Trump and New York Daily News Publisher Mort Zuckerman.¶

And yet he managed for decades to maintain a low profile. He avoids eating out and was rarely photographed.¶

“The odd thing is I never met him: said Dominick Dunne, the famous chronicler of the trials and tribulations of the very rich. “I wasn’t even aware of him,” except for a Vanity Fair article.¶

Epstein’s friendship with Clinton has attracted the most attention.¶

Epstein met Clinton as early as 1995, when he paid tens of thousands of dollars to join him at an intimate fund-raising dinner in Palm Beach. But from all appearances, they did not become close friends until after Clinton left the Oval Office and moved to New York.¶

Epstein has donated more than $100,000 to Democratic candidates’ campaigns, including John Kerry’s presidential bid, the reelection campaign of New Mexico Gov. Bill and the Senate bids of Joe Hillary Rodham Clinton, Christopher Dodd and Charles Schumer. 4s 9 Y¶

Powerful friends and enemies¶

a \¶

A Vanity Fair profile found cracks in the ven S 4,of Epstein’s life story. The 2003 article said he left Bear Stearns in the wake of a federal probe and a possible Securities and Exchange Commission violation. It also pointed out that Citibank once sued him for defaulting on a $20 million loan.¶

The article suggested that one of his business mentors and previous employers was Steven Hoffenberg, now serving a prison term after “bilking investors out of more than $450 million in one of the largest Ponzi schemes in American history.”¶

As he amassed his wealth, Epstein made enemies in disputes both large and small. He sued the man who in 1990 sold him his multimillion-dollar Palm Beach home over a dispute about less than $16,000 in furnishings.¶

A former friend claimed Epstein backed out of a promise to reimburse him hundreds of thousands of dollars after their failed investment in Texas oil wells. A judge decided Epstein owed him nothing.¶

» Jeffrey Epstein: Model prisoner who swept, mopped floors, official says¶

It’s a bad memory. I would rather not have ever met Jeffrey Epstein,” said Michael Stroll, the retired former president of Electronics and Sega Corp. “Suffice it to say I have nothing good to say about him.”¶

Among the characteristics most attributed to Epstein is a penchant for women.¶

He has been linked to Maxwell, a fixture on the high-society party circuits in both New York and London. Previous girlfriends are said to include a former Ms. Sweden and a Romanian model. 4414.¶

“He’s a lot of fun to be with,” Donald Trump told New York magazine in Sit is even said that he likes beautiful women as much as I do, and many of them are he unger side. No doubt about it, Jeffrey enjoys his social life¶

Investigation leads to Epstein¶

Although he was not a frequenter of the Palm Beachs Among his charitable donations, he gave $90, , , 4 0\ $100,000 to Ballet Florida. ne, he made his presence felt. alm Beach Police Department and¶

_•••••,( SIOV¶

In Palm Beach, he lived in luxury. Three black Mercedes sat in his garage, alongside a Harley-Davidson. His jet waited at a hangar at Palm Beach International Airport. At home, a private chef and a small staff stood at the ready. From a window in his mansion, he could look out on the Intracoastal W ,tszit terway and the West Palm Beach skyline. He seemed to be a man who had everything.¶

But extraordinaFfseatl th can fuel extraordinary desires.¶

» Epstein ants to leave jail for mansion in sex-trafficking case¶

In March 2005, a worried mother contacted Palm Beach police. She said another parent had overheard a conversation between their children.¶

Now the mother was afraid her 14-year-old daughter had been molested by a man on the island.¶

The phone call triggered an extensive investigation, one that would lead detectives to Epstein but leave them frustrated.¶

Palm Beach police and the state attorney’s office have declined to discuss the case. But a Palm Beach police report detailing the criminal probe offers a window into what detectives faced as they sought to close in on Epstein.¶

Detectives interviewed the girl, who told them a friend had invited her to a rich man’s house to perform a massage. She said the friend told her to say she was 18 if asked. At the house, she said she was paid $300 after stripping to her panties and massaging the man while he masturbated.¶

444..¶

Police interview 5 alleged victims¶

The investigation began in full after the girl identified Epstein in a photo as man who had paid her. Police arranged for garbage trucks to set aside Epstein’s trash so police could sift through it. They set up a video camera to record the comings and goings at his home. They monitored an airport hangar for signs of his private jet’s arrivals and departures.¶

They quickly learned that the woman who took the 14-year-old girl to Epstein’s house was a Palm Beach Community College student from Loxahatchee. In a sworn statement at police headquarters, , then 18, admitted she had taken at least six girls to visit Epstein, all between the ages of 14 and 16. Epstein paid her for each visit, she said.¶

During the drive back to her house, told detectives, “I’m like a Heidi Fleiss.”¶

Police interviewed five alleged victims and 17 witnesses. Their report shows some of the girls said they had been instructed to have sex with another woman in front of Epstein, and one said she had direct intercourse with him.¶

In October, police searched the Palm Beach mansion. They discovered photos of naked, younglooking females, just as several of the girls had described in interviews. Hidden cameras were found in the garage area and inside a clock on Epstein’s desk, alongside a girls high school transcript.¶

Two of Epstein’s former employees told investigators that young-looking girls showed up to perform massages two or three times a day when Epstein was in town.¶

They said the girls were permitted many indulgences. A chef cooked for them. Workers gave them rides and handed out hundreds of dollars at a time.¶

One employee told detectives he was told to send a dozen roses to one teenage girl after a high school drama performance. Others were given rental cars. One, according to police, received a $200 Christmas bonus.¶

The cops moved to cement their case. But as they tried to tighten the noose, they encountered other forces at work.¶

In Orlando they interviewed a possible victim who told them nothing inappropriate had happened between her and Epstein. They asked her whether she had spoken to anyone else. She said yes, a private investigator had asked her the same questions.¶

» Jeffrey Epstein: Acosta, Krischer trade barbs over sweetheart deal¶

When they subpoenaed one of Epstein’s former employees, he old them the same thing. He and a private eye had met at a restaurant days earlier to go the man would tell investigators.¶

Detectives received complaints that private eyes were posing as police officers. When they told Epstein’s local attorney, Guy Fronstin, he said the investigators worked for Roy Black, the high-powered Miami lawyer who has dgfglded the likes of Rush Limbaugh and William Kennedy¶

While the private eyes were coiZctin a parallel investigation, Dershowitz, the Harvard law professor, traveled to West Palm Beach with information about the girls. From their own profiles on the popular Web site MySpace.com, he obtained copies of their discussions about their use of alcohol and marijuana.¶

He took his research to a meeting with prosecutors in early 2O06, where he sought to cast doubt on the teens’ reliability.¶

The private eyes had dug up enough din on the girls to make prosecutors skeptical. Not only did some of the girls have issues with drugs or alcohol but also some had criminal records and other troubles, Epstein’s legal team claimed. And at least one of them, they said, lied when she told police she was younger than 18 when she started performing massages for Epstein.¶

After the meeting, prosecutors postponed their decision to take the case to a grand jury.¶

In the following weeks, police received complaints that two of the victims or their families had been harassed or threatened. Epstein’s legal team maintains that its private investigators did nothing illegal or unethical during their research.¶

By then, relations between police and prosecutors were fraying. At a key meeting with prosecutors and the defense, Detective Recarey, the lead investigator, was a no-show, according to Epstein’s attorney.¶

“The embarrassment on the prosecutor’s face was evident when the police officer never showed up for the meeting,’ attorney Jack Goldberger said.¶

Later in April, Recarey walked into a prosecutor’s office at the state attorney’s office and learned the case was taking an unexpected turn.¶

The prosecutor, Lanna Belohlavek, told Recarey the state attorney’s office had offered Epstein a plea deal that would not require him to serve jail timevive a felony conviction.¶

Recarey told her he disapproved of the plea offe \ AS\ ,¶

The deal never came to pass, however.¶

Future unclear after charge¶

On May 1, the department asked prosecutors to approve warrants to arrest Epstein on four counts of unlawful sexual activity with a minor and to charge his personal assistant, now 27, for her alleged role in arranging the visits. Police officials also wanted to charge IMMI, the self-described Heidi Fleiss, with lewd and lascivious acts.¶

By then, the department was frustrated with the way the state attorney’s office had handled the case. On the same day the warrants were requested, Palm Beach Police Chief Michael Reiter wrote a letter to State Attorney Barry Krischer suggesting he disqualify himself from the case if he would not act.¶

Two weeks later, Recarey was told that prosecutors had decided once again to take the case to the grand jury.¶

It is not known how many of the girls testified before the grand jury. But Epstein’s defense team said one girl who was subpoenaed - the one who said she had sexual intercourse with Epstein - never showed up.¶

The grand jury’s indictment was handed down in July. It was not the one the police department had wanted.¶

Instead of being slapped with a charge of unlawful sexual activity with a minor, Epstein was charged with one count of felony solicitation of prostitution, which carries a Mxirnum penalty of five years in prison. He was booked into the Palm Beach County Jail early July 23 and released hours later.¶

Epstein’s legal team “doesn’t dispute that he had girls over for massages,” Goldberger said. But he said their claims that they had sexual encounters with him lack credibility.¶

“They are incapable of being believed,” he said. “They had criminal records. They had accusations of theft made against them by their e \ ployess,There was evidence of drug use by some of them.”¶

What remains for Epstein is yet to be se¶

The Palm Beach Police Departmet’i ed the FBI to investigate the case. It also has returned the $90,000 Epstein donated 2004.¶

In New York, candidates for governor and state attorney general have vowed to return a total of at least $60,000 in campaign contributions from Epstein. Meanwhile, Epstein’s powerful friends have remained silent as tabloids and Internet blogs feast on the public details of the police investigation.¶

Goldberger maintains Epstein’s innocence but says the legal team has not ruled out a future plea deal. He insists Epstein will emerge in the end with his reputation untarnished.¶

“He will recover from this,” he said.¶

Staff writer Larry and staff researchers Bridget Bulger, Angelica Cortez, Amy Hanaway and Melanie Mena contributed to this story.¶

THE WORD [N]TELLIGENT GRID NEW YORK¶

LEARN MORE¶

273 / 278 - Tuesday, November 16, 2004¶

Section: A SECTION¶

Source: By PAUL OWERS Palm Beach Post Staff Writer¶

Illustration: PHOTO (C & 2 B&W) & MAP (B&W)¶

TRUMP SNAGS GOSMAN ESTATE FOR $41 MILLION¶

When it came time to bid Monday for the palatial Palm Beach digs of Abe Gosman, The Donald was not about to be trumped.¶

“Nobody was going to outbid me,” the brash developer-turned-TV-personality said from his New York office.¶

Trump bested two other bidders with a $41.35 million offer for the 43,000-square-foot, seven-bedroom estate on 6 oceanfront acres along the storied “Raider’s Row.”¶

But Trump, 58, proud possessor of Mar-a-Lago, has no plans to live in the Gosman home at 513 N. County Road. He wants to - what else? - sell it and make more money.¶

The star of the mega-hit The Apprentice said he intends to redevelop the site into a “super luxury house” that would be the “finest anywhere in the United States.” He might build another house before flipping the entire package.¶

“I’ve known about this house for quite some time,” Trump said. “It’s probably the best piece of land in Florida - and probably the country - for luxury real estate.”¶

Although Trump said he could subdivide the property into nine lots, Palm Beach Mayor Lesly [REDACTED] said zoning regulations allow for only two houses - and maybe a third. [REDACTED] said she’s not worried about Trump’s plans.¶

“He’s been a very good property owner in the town of Palm Beach,” she said. “He does his projects very well. He’s a perfectionist.”¶

Monday’s auction took place at U.S. Bankruptcy Court in West Palm Beach as part of Gosman’s Chapter 7 bankruptcy case. Proceeds from the sale will go into escrow for eventual distribution to creditors.¶

The auction began at exactly noon after Judge Steven [REDACTED] dismissed an objection from an attorney representing money manager Jeffrey Epstein. The lawyer argued unsuccessfully that Trump was not a qualified bidder because his contract stipulated that he would not close on the sale unless title insurance was in place beforehand.¶

With Trump listening via conference call, Epstein began the bidding at $37.25 million - $250,000 higher than Trump’s initial offer.¶

Mark Pulte, son of the founder of home-building giant Pulte Homes, passed when his turn came, letting lawyers for Trump and Epstein bid against each other until the price hit $38.85 million.¶

Pulte then bid $39.1 million, briefly raising the ire of Trump, who believed that Pulte had given up his right to bid by passing the first time.¶

But [REDACTED] allowed the offer to stand, and Pulte and Trump went back and forth until Pulte dropped out at $41.1 million. Epstein, a part-time Palm Beach resident, bowed out at $38.6 million.¶

[REDACTED] closed the bidding 10 minutes after it started, leaving Trump with the right to buy the 29,000-square-foot home (a typical Palm Beach County single-family house is about 2,200 square feet). The property also has a tennis house, a pool house and 1930s-era service quarters.¶

The closing could take place within a week but probably won’t happen until next month. Trustee Joe Luzinski and creditors said they were pleased with the outcome.¶

“We knew we were dealing with some substantial people … who were going to bid it up a bit,” Luzinski said.¶

“The system worked,” said Charles Tatelbaum, a lawyer for creditor JPMorgan Chase Bank.¶

“In bankruptcy court, the idea is to get the most for creditors, and that’s what happened.”¶

The auction proved to be a bonanza for creditors, Luzinski said, noting that the highest offer former listing agent Sotheby’s International Realty received was $32 million. Sotheby’s won’t receive a commission, he said.¶

Pulte, 42, of Boca Raton, said he figured Trump wouldn’t back down Monday.¶

“I got the feeling he was willing to go a lot higher, and I didn’t want to chase it,” Pulte said.¶

Pulte said Gosman asked him before the auction whether he would be willing to let him stay in the mansion after the closing until he decides where he wants to move. Trump and Luzinski said they have had no such discussions with Gosman.¶

Gosman, 75, had the house built after paying $12.1 million for the land in 1986.¶

The former health-care magnate declined interview requests before and after the auction Monday. He was at the courthouse but left before the auction took place.¶

The $41.35 million price tag eclipses the $30.35 million sale of Lowell “Bud” Paxson’s Palm Beach home and guest house but falls short of the $45 million that Virginia home builder Dwight Schar paid for Ron Perelman’s 26,000-square-foot estate, Casa Apava, a designated landmark.¶

Schar also paid $18.6 million for a lakefront lot across the street from the main house, for a total of $63.6 million. Insiders say Schar spent a total of $70 million for his new property, making it the priciest residential sale in U.S. history.¶

Gosman once had a fortune that Forbes magazine estimated at $480 million. He voluntarily filed for Chapter 11 bankruptcy protection in 2001, listing assets of $250 million and liabilities of $233.6 million.¶

When a judge ruled that Gosman had to give up all of his exempt assets to creditors if he wanted to reorganize under Chapter 11, Gosman converted the case to Chapter 7 liquidation.¶

Last year, U.S. Bankruptcy Judge Larry Lessen ruled that Abe and Lin Gosman’s marriage is invalid because Florida law does not recognize a Dominican Republic divorce that Lin Gosman tried to obtain from another man, Michael Castre.¶

The judge’s decision was a huge victory for creditors because it prevents Abe Gosman from protecting assets by claiming joint ownership with his wife. Gosman’s assets, which include an extensive collection of artwork, could total as much as $70 million and will be sold later. Without Lessen’s ruling, Luzinski would have had a much harder time selling Gosman’s estate, said David Cimo, special counsel for the trustee.¶

“We would have been thwarted … or at least substantially impaired,” Cimo said.¶

The trustee alleged during a weeklong trial in May that Gosman fraudulently gave his wife a an ownership interest in his home and other belongings only to avoid losing them in bankruptcy. Gosman has denied any wrongdoing, saying he made the property transfers in 1999, well before he filed for bankruptcy.¶

Lessen is expected to rule in the next two months whether Gosman made improper transfers, a decision that will affect how much money will be available to creditors.¶

Cimo acknowledged that Monday wasn’t the best of days for the Gosmans but said they were willing to move forward, in part because the upkeep of the estate now exceeds their means.¶

“This is not a happy occasion for them, but at least we’re moving to the next level,” Cimo said. “That’s not a house you want to live in unless you’re making large amounts of money like Donald Trump.”¶

paul\_owers@pbpost.com¶

commission of a crime. Epstein’s case is unusual in that suspecte& ( <‘tution \ 1 johns are usually charged with a misdemeanor, and even a felony charge is typically made in a criminal information - an alternative to an indictment charging a person with the \S”¶

The Palm Beach Post REAL NEWS STARTS HERE¶

Indictment: Billionaire Solicited 3 Times¶

Updated Oct 2,2019 at 2:30 PM¶

(EDITORS NOTE: This story originally published in The Palm Beath Post on July 25, 2006)¶

Billionaire money manager and Palm Beach part-time resident Jeffrey Ep. solicited or procured prostitutes three or more times between Aug. 1 and Oct. 31 of last year, according to an indictment charging him with felony solicitation of prostitution.¶

Epstein, 53, was booked at the Palm Beach Cou :45 a.m. Sunday. He was released on $3,000 bond.¶

( 114/¶

His attorney, Jack Goldberger, declined to discuss the charge.¶

State attorney’s office spokesman Mike Edmondson also had little to say.¶

“Generally speaking, there is a case that has a number of different aspects to it,” Edmondson said of a prostitution-related charge being submitted to a grand jury. “We first became aware of the case months ago by Palm Beach police.”¶

Prosecutors and police worked together to bring the case to the grand jury, he said.¶

Palm Beach police confirmed that and said the department will release a report today regarding its investigation.¶

Epstein has owned a five-bedroom, 7 1/2-bath, 7,234-square-foot home with a pool and a boat dock on the Intracoastal Waterway since 1990, according to property records. A man answering the door there Monday said that Epstein wasn’t home. A Cadillac Escalade registered to him was parked in the driveway, which is flanked by two massive gargoyles.¶

Epstein sued Property Appraiser Gary Nikolits in 2001, contending that the assessment of his home exceeded its fair market value. He dismissed his lawsuit in December 2002.¶

A profile of Epstein in Vanity Fair magazine said he owns what are believed to be the largest private homes in Manhattan - 51,000 square feet - and in New Mexico - a 7,500-acre ranch. Those are in addition to his 70-acre island in the U.S. Virgin Islands and fleet of aircraft.¶

Epstein’s friends an INadmirers, according to the magazine, include prominent businessmen, academics and scientists and famed Harvard law professor Alan Ders¶

er@pbpost.com¶

The Palm Beach Post REAL NEWS STARTS HERE¶

After long probe, billionaire faces solicitation charge¶

Posted Jul 27, 2006 at 12:01 AM¶

Updated Oct 3, 2019 at 3:11 PM¶

(EDITOR’S NOTE: This story originally published in The Palm Beadt Post o c2,6, 2006)¶

Palm Beach billionaire Jeffrey Epstein paid to have underage gfirl and oung women brought to his home, where he received massages and sometimes sex, according to an investigation by the Palm Beach Police Department.¶

Palm Beach police spent months sifting through Epstein’s trash and watching his waterfront home and Palm Beach International Airport to keep tabs on his private jet. An indictment charging Epstein, 53, was unsealed Monday, charging him with one count of felony solicitation of prostitution. ity’)¶

c Palm Beach police thought thee ,probable cause to charge Epstein with unlawful sex acts with a minor and lewd and lascivious molestation.¶

Police Chief Michael Reiter was so angry with State Attorney Barry Krischer’s handling of the case that he wrote a memo suggesting the county’s top prosecutor disqualify himself.¶

“I must urge you to examine the unusual course that your office’s handling of this matter has taken and consider if good and sufficient reason exists to require your disqualification from the prosecution of these cases,” Reiter wrote in a May I memo to Krischer.¶

While not commenting specifically on the Epstein case, Mike Edmondson, spokesman for the state attorney, said his office presents cases other than murders to a grand jury when there are questions about witnesses’ credibility and their ability to testify.¶

By the nature of their jobs, police officers look at evidence from a *one-sided perspective,” Edmondson said. “A prosecutor has to look at it in a much broader fashion,” weighing the veracity of witnesses and how they may fare under defense attorneys’ questioning, he said.¶

Epstein’s attorney, Jack Goldberger, said his client committed no crimes.¶

“The reports and statements in question refer to false accusations that were not charged because the Palm Beach County state attorney questioned the credibility of the witnesses,” Goldberger said. A county grand jury “found the allegations wholly unsubstantiated and not credible,” and that’s why his client was not charged with sexual activity with minors, he said.¶

Goldberger said Epstein passed a lie detector test administered by a reputable polygraph examiner in which he said he did not know the girls were minors. Also, a search warrant served on Epstein’s home found no evidence to corroborate the girls’ allegations, Goldberger said.¶

According to police documents:¶

• A Palm Beach Community College student said she gave Epstein a massage in the nude, then brought him s’ .gi’ages 14 to 16, for massage and sex-tinged sessions at his home. c
• A 27-year-old woman rivorked as Epstein’s personal assistant also facilitated the liaisons, phoning the PBCC student to arrange for girls when Epstein was coming to town. And she escorted the girls upstairs when they arrived, putting fresh sheets on a massage table and placing massage oils nearby.
• Police took sworn statements from five alleged victims and 17 witnesses. They contend that on three occasions, Epstein had sex with the girls.

A money manager for the ultra-rich, Epstein was named one of New York’s most eligible bachelors in 2003 by The New York Post. He reportedly hobnobs with the likes of former President Clinton, former Harvard University President Summers and Donald Trump, and has lavish homes in Manhattan, New Mexico and the Virgin Islands.¶

He has contributed tens of thousands of dollars to Democratic Party candidates and organizations, including Sen. John Kerry’s presidential bid, and the Senate campaigns of Joe , Hillary Clinton, Dodd and Charles Schumer.¶

Goldberger is one of five attorneys Epste’Ba i {sup}t etained since he became the subject of an investigation, Edmondson said. Among the others: Alan Dershowitz, the well-known Harvard law professor and author, who is a friend of Epstein. Dershowitz could not be reached for comment.¶

Police said the woman who enlisted young girls for Epstein was 20, of Palm Beach. has worked at an Olive Garden restaurant in Wellington and said she was a journalism major at Palm Beach Community College when she was questioned by police last October. She has an unlisted phone tier and could not be reached for comment.¶

said she met Epstein when, at age 17, a friend asked her if she would like to make money giving him a massage. She said she was driven to his fivebedroom, 7 1/2-bath home on the Intracoastal Waterway, then escorted upstairs to a bedroom with a massage table and oils. Epstein and were both naked during the massage, she said, but when he grabbed her buttocks, she said she didn’t want to be touched.¶

Epstein said he’d pay her to bring him more girls - the younger the better, told police. When she tried once to bring a 23-year-old woman to him, Epstein said she was too old, said.¶

M , who has not been charged in the case, said she eventually brought six girls to Epstein who were paid $200 each time, said. “I’m like a Heidi Fleiss,” police quoted her as saying. The girls knew what to expect when they were taken to Epstein’s home, said. Give a massage - maybe naked - and allow some touching.¶

One 14-year-old girl took to meet Epstein led police to start the investigation of him in March 2005. A relative of the girl called to say she thought the child had recently engaged in sex with a Palm Beach man,. The girl then got into a fight with a classmate who accused her of being a prostitute, and she couldn’t explain why she had $300 in her purse.¶

The girl gave police this account of her meeting with Epstein:¶

She accompanied and a second girl to Epstein’s house on a Sunday in February 2005. Once there, a woman she thought was Epstein’s assistant told the girl to follow her upstairs to a room featuring a mural of a naked woman, several photographs of naked women on a shelf, a hot pink and sofa and a massage table.¶

She stripped to her bra and panties and gave him a massage.¶

Epstein gave the 14-year-old $300 and she and the other girls left, she said. She said Robson told her that Epstein paid her $200 that day.¶

Other girls told similar stories. In most accounts, Epstein’s personal assistant at the time, now 27, escorted the girls to Epstein’s bedroom.¶

whose most recent known address is in North Carolina, has not been charged in the case.¶

Palm Beach police often conducted surveillance of Epstein’s home, and at Palm Beach International Airport to see if his private jet was there, so they would know when he was in town. Police also arranged repeatedly to receive his trash from Palm Beach sanitation workers, collecting papers with names and phone numbers, sex toys and female hygiene products.¶

One note stated that a female could not come over at 7 p.m. because of soccer. Another said a girl had to work Sunday - “Monday after school?” And still another note contained the work hours of a girl, saying she leaves school at 11:30 a.m. and would come over the next day at 10:30 a.m.¶

Only three months before the police department probe began, Epstein donated $90,000 to the department for the purchase of a firearms simulator, said Jane Struder, town finance director. The purchase was never made. The mone \ y was¶

C returned to Epstein on Monday, she said. O¶

Palm Beach Daily News¶

Police say lawyer tried to discredit teenage girls¶

Posted Jul 29, 2006 at 12:01 AM¶

Updated Oct 3, 2019 at 2:00 PM¶

(EDITOR’S NOTE: This story originally was published in The Palm Beach Post on July 29, 2006)¶

Famed Harvard law professor Alan Dershowitz met with the Palm Beach County State Attorney’s Office and provided damaging information about teenage girls who say they gave his client, Palm Beach billionaire Jgffrey,pstein, sexually charged massages, according to police reports.¶

The reports also state that another Epstein atEk ky- greed to a plea bargain that would have allowed Epstein to have (no riVal record. His current attorney denies this happened.¶

And the documents also reveal dia 91 , .11e father of at least one girl complained that private investigators aggressively followed his car, photographed his home and chased off visitors.¶

Police also talked to somebody who said she was offered money if she refused to cooperate with the Palm Beach Police Department probe of Epstein.¶

The state attorney’s office said it presented the Epstein case to a county grand jury this month rather than directly charging Epstein because of concerns about the girls’ credibility. The grand jury indicted Epstein, 53, on a single count of felony solicitation of prostitution, which carries a maximum penalty of five years in prison.¶

Police believed there was probable cause to charge Epstein with the more serious crimes of unlawful sex acts with a minor and lewd and lascivious molestation. Police Chief Michael Reiter was so angry that he wrote State Attorney Barry Krischer a memo in May suggesting he disqualify himself from the case.¶

The case originally was going to be presented to the grand jury in February, but was postponed after Dershowitz produced information gleaned from the Web site myspace.com showing some of the alleged victims commenting on alcohol and marijuana use, according to the police report prepared by Detective Recarcy.¶

a 20-year-old Palm Beach woman who told police she recruited girls for Epstein, also is profiled on myspace.com. Her page includes photos of her and her friends, including one using the name “Pimpin’ Made EZ.” who was not charged in the case, is a potential prosecution vvittlesS¶

According to Recarey, prosecutor Lanna Belohlavek offered Epstein eys Dershowitz and Guy Fronstin a plea deal in April. Fronstin, after speaking with Epstein, accepted the deal, in which Epstein would plead guilty to one count of aggravated assault with intent to commit a felony, be placed on five years’ probation and have no criminal record. The deal also called for Epstein to submit to a psychiatric and sexual evaluation and have no unsupervised visits with minors, according to Recarey’s report. The plea bargain was made in connection with only one of the five alleged victims, the report states.¶

Fronstin - who declined to comment on the case - was subsequently fired and veteran defense attorney jack Goldberger was hired. He denies there was any agreement by any of Epstein’s attorneys to a plea deal.¶

“We absolutely did not agree to a plea in this case,” he said. Neither Belohlavek nor a state attorney’s spokesman could be reached for comment.¶

The parent or parents of alleged victims who complained of being harassed by private investigators provided license tag numbers of two of the men. Police found the vehicles were registered to a private eye in West Palm Beach and another in Jupiter, according to Recarey’s report.¶

“I have no knowledge of it,” defense attorney Goldberger said.¶

The report also says a woman connected to the Epstein case was contacted by somebody who was still in touch with Epstein. That person told her she would be compensated if she didn’t cooperate with police, Recarey’s report says. Those who did talk “will be dealt with: the woman said she was told. Phone records show the woman talked with the person who allegedly intimidated her around the time she said, Recarey reported.¶

Phone records also show that the person said to have made the threat then placed a call to Epstein’s personal assistant, who in turn called a New York corporation affiliated with Epstein, the report states.¶

The issue in the Epstein case is not whether females came to his waterfront home, but whether he knew their ages.¶

“He’s never denied girls came to the house,” Goldberger said. But when Epstein was given a polygraph test, “he passed on knowledge of age,7 the attorney said.¶

After the indictment against Epstein was unsealed this Alt, Police Chief Reiter referred the matter to the FBI. “We’ve received the referral, and we’re reviewing it,” said FBI spokeswoman Judy Orihuela in Miami.¶

The chief himself has come under attack from Epstein’s lawyers and friends in New York, where he has a home. The New York Post quoted Epstein’s prominent New York lawyer, Gerald Lefcourt, as saying his client was indicted only ‘because of the craziness of the police chief.”¶

Reiter has declined to comment on the case.¶

Prosecutors have not presented a sex-related case like Epstein’s to a grand jury before, said Mike Edmondson, spokesman for the state attorney’s office. ‘That’s what you do with a case that falls into a gray area: he said.¶

The state attorney’s office did not recommend a particular criminal charge on which to indict Epstein, Edmondson said. The grand jury was presented with a list of charges from highest to lowest, then deliberated with the prosecutor out of the room, he said.¶

“People are surprised at the grand jury proceeding,” West Palm Beach defense attorney Richard Tendler said. “It’s a way for the prosecutor’s office to not take the full responsibility for not filing the (charge), and not doing what the Palm Beach Police Department wanted. I think something fell apart with those underage witnesses.”¶

Defense attorney Robert Gershman was a prosecutor for six years. *Those girls must have been incredible or untrustworthy, I don’t know,’ he said.¶

Other attorneys said Epstein’s case raises the issue of whether wealthy, connected defendants like Epstein - whose friends include former President Clinton and Donald Trump - are treated differently from others. Once he knew he was the subject of a criminal probe, Epstein hired a phalanx of powerful attorneys such as Dershowitz and Lefcourt, who is a past president of the National Association of Criminal Defense Lawyers.¶

Miami lawyer Roy Black - who became nationally known when he successfully defended William Kennedy involved at one point. on a rape charge in Palm Beach - also was 14”,, /¶

) Said defense attorney Suskauer: “1 think it’s unfortunate the public may get the perception that with power, you may be treated differently than the average Joe.”¶

AgNic?¶

?S’¶

Expert: Ignorance of age isn’t defense in sex cases¶

Posted Aug 5, 2006 at 12:01 AM¶

Updated Oct 3, 2019 at 1:38 PM¶

Palm Beach Post on Aug. 5, 2006)¶

Even if Palm Beach money manager Jeffrey Epstein didn’t know that girls who police say gave him sexual massages at his Intracoastal home were under the legal age, that alone wouldn’t have exempted him from criminal charges of sexual activity with minors.¶

‘Ignorance is not a valid defenseao 1S )Delde, a legal skills professor who was a Lake City prosecutor for nearly 30 years, half of that time speci$zing in sex crimes against children.¶

“There is no knowledge element as far as the age is concerned,” Deke said.¶

After ant?-44ionth investigation, Palm Beach police said there was probable cause to charge Epstein, 53, with unlawful sex acts with a minor and lewd and lascivious molestation. They contend that Epstein - friend of the rich and famous and financial patron of Democratic Party organizations and candidates - committed those acts with five underage girls.¶

In the past week, New York Attorney General and gubernatorial candidate Eliot Spitzer has returned about $50,000 in campaign contributions he received from Epstein, and Mark a candidate to replace Spitzer in his current job, has returned $10,000 to him because of the Palm Beach scandal, the New York Daily News has reported.¶

Rather than file charges, the state attorney’s office presented the case to a county grand jury. The panel indicted Epstein last week on a single, less serious charge of felony solicitation of prostitution.¶

The case raised eyebrows because the state attorney’s office rarely, if ever, kicks such charges to a grand jury. And it , increases the difficulty of prosecuting child sex abuse casesfl especially when the defendant is enormously wealthy a can hire high-priced, top-tier lawyers.¶

) At least one of Epstein’s alleged victims told police he knew she was underage when the two of them got naked for massages and sexual activity. She was 16 years old at the time and said Epstein asked her questions about her high school, according to police reports.¶

A girl who said she met Ea when she was 15 said he told her if she told anybody what happened at his house, bad things co d hair, the police reports state.¶

Epstein’s youngest alleged victim was 14 when she says she gave him a massage that included some sexual activity. She is now 16. The girl’s father says he doesn’t know whether c she told Epstein her age.¶

• “My daughter has kept a lot of what happened from me because of sheer embarrassment,” he said. “But she very much looked 14. Any prudent man would have had second thoughts about that.”

Defense attorney Jack Goldberger maintains that not only did Epstein pass a polygraph test showing he did not know the girls were minors, but their stories weren’t credible. The state attorney’s office also implied that their credibility was an issue when it decided not to charge Epstein directly, but instead give the case to the grand jury.

¶

“A prosecutor has to look at it in a much broader fashion,” a state attorney’s spokesman said last week.¶

Epstein hired Harvard law Professor AlanOshowitz when he became aware he was under investigation, and Dershowitz gave prosecutors information that some of the alleged victims had spoke of using alcohol and marijuana on a popular Web site, according to a Palm Beach police report.¶

Prosecutors typically consider two things in deciding whether to charge somebody with sex-related offenses against minors - whether there is sufficient evidence and whether there is a public interest in doing so, Dekle said.¶

If two teens are in a sexual relationship and the boy turns 18 before the girl, he could be charged with a sex crime if the sex continues. There would be no public interest in pursuing that, Dekle said.¶

But where there is a large gap in ages - and especially in cases of teachers with students - there is a public interest in prosecuting, he said. Likewise if the accused has a track record of sex with minors.¶

Still there is a “universal constant” in prosecuting these cases, Dekle said. Men who exploit underage children for sex often carefully choose their victims in ways that will minimize the risk to them, he said.¶

Victims usually are from a lower social status, and they may suffer from psychological problems, Dekle said.¶

“Lots of child sexual abuse victims have been victimized by multiple people over a period of time. Then the act of abuse produces behavior in the victims that further damages their credibility.” Examples include promiscuous behavior and drug abuse.¶

Some of the alleged victims in the Epstein case returned to his home multiple times for the massage sessions and the $200 to $300 he typically paid them per visit. “That would be a definite problem for the prosecutor,” said Betty Resch, who prosecuted crimes against children in Palm Beach County for five years and ngw tat private practice in Lake Worth.¶

“The victim becomg le sympathetic” to a jury, Resch said. “But she’s a victim nevertheless. She’s a kid.”¶

Most men charged with sex crimes against minors look normal, Dekle said. A jury expecting to see a monster seldom will. And the victims’ ages work against them and in or of the defendant in a trial, Dekle said.¶

If a child and an adult tell different stories and both swear they’re telling the truth, adult jurors are more likely to believe the adult, Dekle said.¶

“You have all these things working against you in a child sex abuse case. Prosecutors normally try to be very careful in filing those cases because they know what they’re getting into. There is no such thing as an iron-clad child sexual abuse case.”¶

Epstein camp calls female accusers liars¶

Posted Aug 8, 2006 at 12:01 AM¶

Updated Oct 3, 2019 at 3:35 PM¶

(EDITOR’S NOTE: This story originally published in The Palm Beach Post on Aug. 8, 2006)¶

Attorneys and publicists for Palm Beach financier Jeffrey Epstein went on the offensive Monday, contending that teenage girls who have accused Epstein of sexual shenanigans at his waterfront home are li s tii and saying that the Palm Beach Police Departmen c g”c iQ dish.”¶

“There never was any sex betweeay pstein and any underage women,” his lead torney, Jack Goldberger, said from Idaho where he wa tioning with his family.¶

Epstein did have him massages, GO1 men come to his house to give rger said. “Mr. Epstein absolutely insisted anybody who came to his house be over the age of 18. How he verified that, I don’t know. The question is, did an ,,, hing illegal occur. The law was not violated here.”¶

ha no explanation as to why Epstein would pay girls or men with no massage training - as the alleged victims said was the case - $200 to $300 for their visits. “The credibility of these witnesses has been seriously questioned,” Goldberger said.¶

Epstein, 53, was indicted by a county grand jury last month on a charge of felony solicitation of prostitution. After an 11-month investigation that included sifting through Epstein’s trash and surveilling his home, Palm Beach police concluded there was enough evidence to charge him with sexual activity with minors. When the grand jury indicted¶

Epstein on the less serious charge, Police Chief Michael Reiter referred the case to the FBI to determine whether there were federal law violations.¶

After a spate of stories about the case last week, New York publicist Dan Klores - whose client list has included Paris Hilton and Jennifer - said on Saturday that Epstein’s camp was ready “to get their story out.”¶

They did that Monday via Goldberger and a Los Angeles publicist for Miami criminal defense attorney Roy Black, who also has represented Epstein in the case.¶

“We just think there has been a distorted view of t in the media presented by the Palm Beach police, Goldberger said.¶

Reiter has consistently declined to commint,, the case and did not respond to a request for comment Monday.¶

The implication that State Attorney Barry Krischer was easy on Epstein by presenting the case to a grand jury rather than filing charges directly against him is wrong, Goldberger said.¶

The Palm Beach Police Department was “happy and ecstatic” that the panel was going to review the evidence. “I think what happened is they weren’t happy with the result. They decided to use the press to embarrass Mr. Epstein.”¶

But records show that Reiter wrote Krischer on May I well before the case went to the grand jury - suggesting that Krischer “consider if good and sufficient reason exists to require your disqualification from the prosecution of these cases.”¶

Rather than flat-out decline to charge Epstein, Krischer “S referred the case to the grand jury to “appease” the chi , Goldberger said. 0¶

A state attorney’s spokesman would say o refers cases to the grand jury when ther viability of the evidence or witnesses’ credibility. e office with the¶

Both the state attorney and the grand jury concluded there was not sufficient evidence that Epa had sex with minors, according to Goldberger. “It was just a childish performance by the Palm Beach Police Department,” Goldberger said.¶

The defense attorney said one of the alleged victims who claimed she was a minor was in fact over the age of 18.¶

Another alleged victim who was subpoenaed to testify to the grand jury failed to do so. Epstein’s accusers, he added, have histories of drug abuse and thefts. “These women are liars. We’ve established that.”¶

But why would they all invent their stories about meeting Epstein for sexual massages?¶

“I don’t have an answer as to what was the motivation for these women to come forward and make these allegations,” Goldberger said.¶

Palm Beach chief focus of fire in Epstein case¶

By Lisa Miller The Best Publish News¶

In the case of Palm Beach Public Letters, Loderey describes at line, on a two-year new acquired interest in the Epstein and Palm Beach Public Chief Michael Reiter.¶

Epstein has washed out four months of a change of financial status of production solely because of Reiter’s “renaissance” as of Epstein’s benefit make. His department file enumerated “a distincted view of the case” not behaved in a “vibility” mover when the grand jew didn’t ask a known on the change it sought, another Epstein lawyer complained.¶

To hear the Epstein came out it, Reiter, 46, in a logocastered letter added to be the start of Marchery. They whoper that he’s endorsed in a correct device.¶

Reiter said he had fire for showers from blackets, JIL last year, after 24 years of marthery. They have a son, SA, and a doughter, JT. The cough is achieved to go to use a station four weeks ago in Nothing in the court the engineer there will be particularly help.¶

Reiter insighted the words of the Epstein campaign well after the state shortened it after fire on reasons. Fire, he probed the Epstein to be changed with the name weaker crimes of accusal activity with marries. Secreted he signed the State Attorney Barry Rowberry in blank language revised used by use law contracted states with another because of what he received as that lice on Johannes of the case.¶

In a letter to Reiter he writes May 1, Reiter called his actions in the Epstein case “highly strenued,” he asked. “I cannot get you on … endorser a good and well best reason exists to reduce your discussion from the prosecution of these cases.”¶

In short, Reiter told the county’s top prosecutor for the part that you that he ought to get off the case. “I looked for a department professional,” Marco Dade State Attorney Katherine Perensen a Roadle said of Reiter’s letter.¶

Following Epstein’s indictment, Reiter referred the case to the Bureau determine if the supervisor, supercontrolled defendant had involved any federal law.¶

Reiter won’t distort the case in the knowledge already at line. But others should unilocally use and won’t determine the chief.¶

professional.¶

“I have shown form interested by Marco professionalism and his broadest findings,” Reiter said. One of the latest Public Letters meet and a Palm Beach County Chief for 24 years.¶

The state of Palm Beach has a very professional police department. He will control kidnapping of not only men’s parts of life but also the parts of life of the people who are considered law ethically based laws. “The newer news that has his could, I’ve given more saying that a professional determined from this.”¶

Reiter pleaded the Palm Beach Public Department in 1981, boring a $50,000-year patrol paid at the University of Philadelphia. His personal paider shows commonly excellent sab evaluations.¶

Public Letters is no bother of crime, and to his first year on the job, a resident continued to his jetter with a week child chasted Reiter for the firing a law Celeri to the boats. Reiter advanced promoted for the becoming another resident chasted Reiter by aborting off live car’s headlights in his downer, staying a visit most lawyers lead at least.¶

Reiter worked everywhere then found jobs to construct retire, dry and self-code. And he was reader at levelings in trading for letters and director. He was the lead director proving the dry overdate dark of Harrid Newman in 1984. He was one of the officers who worked the investigation of William Kennedy Smith, who was changed in 1991 — and later acquired — with an ingenue woman at the Rensche family consumed in Palm Beach.¶

Reiter, who has a statery’s drawer in his man resource development from Palm Beach Atlanta, University, also has standed the FBI National Academy in Quarter 1984, and management courtesy at Hargred Holloway active in controlled interveners law as doctoral organizations and has a “top worst” national security adviser.¶

“He has a perspective that’s a broader than her addressing the areas of the laws,” said Toma Manager (Park Ewell, who promoted Reiter him as patrol chief to chief for March 2001 Referendum and then $144,000 as the county’s top cop. Reveled thickening’s worth 2.¶

“He’s very honest and, very straightforward. He’s necessarily against of themblement. He’s about the mark.” Reiter said, “I think that his opinion as chief has been consisting in his plenary year.”¶

@ law_statistics.com¶

Reiter focus of fire in Epstein case¶

Clipped By:¶

reiter_m Sat, Apr 22, 2017¶

Delays in Epstein case unusual, lawyers say¶

Posted Mar 13, 2007 at 12:01 AM¶

Updated Oct 3, 2019 at 3:48 PM¶

(EDITORS NOTE: This story originally published in The Palm Beach Post March 13, 2007)¶

A federal probe or a plea deal could explain the wait in the AS , Palm Beacher’s solicitation case.¶

Nearly eight months after Palm Beach tycoornisffrecC Epstein was charged with felony solicitation of prostitution, there has been no discernible progress in his case. No witnesses deposed. No trial date set. Nothing, save for routine court hearings reset ? c ‘ttt ,.. i explanation.¶

“Usually that would beilhusu , said criminal defense attorney Glenn eNvho has no involvement in the case.¶

“As a general rule, it would be unusual for nothing to have happened,’ ag. Michael Dutko, a criminal defense attorney in Fort Lauderdale. He represents 20, of Palm Beach, potentially a key witness in the case.¶

A routine hearing for Epstein was pulled from the court docket last week and reset for May 16. The delays and inaction could be due to a potential federal probe of Epstein or because a plea deal is in the works, attorneys say.¶

Unusual is the word that best describes everything about the case against Epstein, 54, an enigmatic money manager in New York City who counts Bill Clinton and Donald Trump among his friends.¶

“Highly unusual” is how Palm Beach Police Chief Michael Reiter described State Attorney Barry Krischer’s handling of the case in a bluntly critical letter to Krischer last year before Epstein was indicted.¶

Reiter referred the matter to the FBI to determine whether any federal laws had been violated. Epstein’s allies countered by attacking the chief personally and professionally.¶

Reiter’s department investigated Epstein for 11 months. Police sifted repeatedly through his trash and conducted surveillance on his five-bedroom, 7 1/2-bath, 7,234-s foot home on the Intracoastal Waterway.¶

Police said Epstein paid women and girls as young as 14 to give him erotic massages at his home. Police thought there was probable cause to charge him with unlawful sex acts with a minor and lewd and lascivious molestation.¶

Epstein responded by hiring a phalanx of lawyers. One of them, Harvard law professor and author Alan Dershowitz, provided the state attorney’s office with information about alcohol and marijuana use by some of the girls who said they were with Epstein.¶

• ( lisEp tein’s attorneys deny he had sex with underage girls. The lawyers say the girls’ stories are not credible. But if the court file is any indicator, they’ve made no effort to depose the girls.

Prosecutors then referred the case to the grand jury rather that charges directly against Epstein.¶

Neither prosecutors nor defense attorneys have sought to question , said Dutko, her attorney. She recruited teenage girls to visit Epstein for massages and sexual activity, Palm Beach police said, and presumably would be a key witness.¶

Epstein’s attorney Jack Goldberger did not return phone messages.¶

A source close to the case suggested it is languishing pending a decision by the FBI on whether to refer it to federal prosecutors.¶

“We still have a pending case,” FBI spokeswoman Judy Orihuela said Monday.¶

State Attorney Krischer did not return a call for comment. His spokesman, Mike Edmondson, declined to say whether federal investigators are delaying the Epstein case. But, he added, “if another agency is looking at something, we wouldn’t want to step on their toes.”¶

Attorneys say inertia in a criminal case often points to a pending plea deal.¶

“It would not surprise me if some as happened that’s not reflected in the court file,” said Dutko, such as an agreement that will be foi$lized later.¶

Defense attorney Marc Shiner said defense attorneys sometimes put off overtly conducting discovery — deposing witnesses, requesting documents and the like — because doing so creates more work for harried prosecutors who may \become angry and not offer a plea deal. t¶

etimes defense lawyers, knowing that, will try and do ,..÷, discovery without taking depositions: said Shiner, a former prosecutor for 13 years.¶

Instead, they may conduct a below-the-radar probe such as having a private investigator check out leads, he said.

¶

Shiner and others say a plea deal for Epstein probably would result in pretrial intervention, in which a defendant may be ordered to undergo a psychological evaluation, counseling or other conditions in return for dropping the charge.

¶

Edmondson, spokesman for State Attorney Krischer, said there is no plea offer and no request for the prosecution to show its cards.¶

“To my knowledge, it’s never happened before on a filed case,” he said.¶

Section: LOCAL¶

Page: 5B¶

Source: The Associated Press¶

Illustration: PHOTO (B&W)¶

Dateline: NEW YORK¶

WOMAN SUES BILLIONAIRE INVESTOR, SAYS THEY HAD SEX WHEN SHE WAS 16¶

A billionaire investor, already facing jail in Palm Beach County on charges of soliciting underage prostitutes, is being sued by a young woman who says he had sex with her when she was 16 and had sought his help becoming a model.¶

The lawsuit, filed late Tuesday in Manhattan’s state Supreme Court, says financier Jeffrey Epstein had the teen perform a sex act when she brought photographs of herself for him to review in his Upper East Side mansion sometime in 2000.¶

Epstein, 54, a money manager, told the teen he managed finances for Victoria’s Secret and “could get you into the catalog” if she were “nice” to him, court papers say. The papers say being “nice” included massages and other favors.¶

When the girl told Epstein, “I am 16 years old and just want to model,” he replied, “Don’t worry, I won’t tell anybody,” court papers say.¶

Epstein, said by London’s Mail on Sunday to be a close friend of England’s Prince Andrew, has been indicted in Palm Beach on charges of soliciting underage prostitutes. That case is pending.¶

The girl visited Epstein “several times over the several months and engaged in bizarre and unnatural sex acts” while she was a minor, the lawsuit says.¶

Epstein “repeatedly requested that (the girl) return with her 14-, 15-, and 16-year-old girlfriends, stating, ‘Come by with your friends your age next time. Don’t bring Sherrie (a mutual friend in her 40s). I love girls your age.’”¶

The young woman, now 23, kept returning to Epstein because she has “mental issues,” said her lawyer, William J. Unroch. He refused to elaborate, but court papers say she was “disabled as a result of severe mental disease and defect.”¶

Epstein’s lawyer in New York, Gerald Lefcourt, said, “The girl has admitted she is insane, but she can read a newspaper and recognize the word ‘rich.’”¶

Lefcourt also said the statute of limitations has expired for the woman’s case criminally and civilly, and will almost certainly be dismissed.¶

He refused to comment on Epstein’s Florida charges.¶

Meanwhile, Unroch, 57, also acknowledged that his client was living with him and was at the center of a $10 million lawsuit he filed last year against a neighbor who said he was having sex with underage girls. That case is pending.¶

“What she was doing at 22 is irrelevant to what happened to her when she was 16,” Unroch said Wednesday. He went on the say he hoped Epstein would agree to “do right” by his client and resolve the case out of court.¶

The Palm Beach Post REAL NEWS STARTS 161E¶

Palm Beacher pleads in sex case¶

Updated Oct 3, 2019 at 1:47 PM¶

Palm Beach Post on July 1, 2008)¶

Jeffrey Epstein will serve 1 1/2 years on teen solicitation charges.¶

He lives in a Palm Beach waterfront mansion and has kept company with the likes of President Clinton, Prince Andrew and Donald Trump, but investment banker Jeffrey Epstein will call the Palm Beach Coun il home for the wV next 18 months.¶

• Epstein, 55, pleaded guilty Motty felony solicitation of prostitution and procuring a person under the age of 18 for prostitution. After serving 18 months in jail, he will be under house arrest for a year. And he will have a lifelong obligation to register as a sex offender. He must submit to an HIV test within 48 hours, with the results being provided to his victims or their parents.¶

As pan of the plea deal, federal investigators agreed to drop their investigation of Epstein, which they had taken to a grand jury, two law enforcement sources said.¶

Epstein was indicted two years ago after an 11-month investigation by Palm Beach police. They received a complaint from a relative of a 14-year-old girl who had given Epstein a naked massage at his five-bedroom, 7,234 square-foot, $8.5 million Intracoastal home.¶

Police concluded that there were several other girls brought in 2004 and 2005 to an upstairs room at the home for similar massages and sexual touching.¶

The indictment charged Epstein only with felony solicitation of prostitution. The state attorney’s office later added the charge of procuring underage girls for that purpose.¶

Prosecutor Lanna Belohlavek said of the plea: “I took into consideration the length the trial would have been and witnesses having to testify” about sometimes embarrassing incidents.¶

Epstein may have made a serious mistake soon after he was charged. He rejected an offer to plead guilty to one count of aggravated assault with intent to commit a felony, according to police documents. He would have gotten five years’ probation, had no criminal record and not been a registered sex offender, the documents in ‘cate.,¶

Epstein arrived in court Monday withC)ea§t hree attorneys. He wore a blue blazer, blue shirt, blue jeans and and gray sneakers. After Circuit Judge Deborah Dale Pucillo accepted the plea, he was fingerprinted. Epstein then removed his blazer and was handcuffed for the trip to jail while his attorneys tried to shield him from photographe tlens4./¶

When he eventually is released to house arrest, Epstein will have to observe a 10 p.m. to 6 a.m. curfew, have no unsupervised contact with anyone younger than 18 and neither own nor possess pornographic or sexual materials “that are relevant to your deviant behavior: the judge said.¶

Epstein will be allowed to leave home for work. The New York-based money manager told the judge he has formed the not-for-profit Florida Science Foundation to finance scientific research. “I’m there every day,” Epstein said.¶

The foundation was incorporated in November. Epstein said he already has awarded money to Harvard and MIT.¶

When he is released from jail, there is a chance that Epstein will be forced to move. Sex offenders are not allowed to live within 1,000 feet of a school, park or other areas where children may gather. No determination has been made as to whether Epstein’s home complies, but attorneys said it likely does.¶

Sex offenders also typically must attend counseling sessions. Belohlavek said that was waived for Epstein because his private psychiatrist is working with him. The judge was skeptical but agreed to it.¶

Epstein’s legal woes don’t end with Monday’s plea. There are four pending federal civil lawsuits and one in state court related to his behavior. At least one woman has sued him in New York, where he owns a 51,000-squar, fodManhattan mansion.¶

“It’s validation of what we’re sayiain ‘Si e civil cases,” said Miami attorney Jeffrey Herman, who represents the alleged victims in the federal lawsuits. West Palm Beach attorney Ted Leopold represents one alleged victim in a civil suit in state court. He said he anticipates amending that lawsuit to add “a few other clients” as well.¶

In the criminal case, police went so far as to scour Epstein’s trash and conduct surveillance at Palm Beach International Airport, where they watched for his private jet so they would know when he was in town. They concluded that Epstein paid girls $200 to $300 each after the massage sessions.¶

“I’m like a Heidi Fleiss,” now 22, told police about her efforts in recruiting girls for Epstein.¶

There was probable cause to charge Epstein with unlawful sex acts with a minor and lewd and lascivious molestation, police concluded.¶

The state attorney’s office said questions about the girls’ credibility led it to take the unprecedented step of presenting the evidence against Epstein to a grand jury, rather than directly charging him.¶

Palm Beach Police Chief Michael Reiter was furious with State Attorney Barry Krischer, saying in a May 2006 letter that the prosecutor should disqualify himself. “I continue to find your office’s treatment of these cases highly unusual,” he wrote. He then asked for and got a federal investigation.¶

Epstein hired a phalanx of high-priced lawyers - including Harvard law professor and author Alan Dershowitz public relations people who questioned Reiter’s cod!) and the victims’ truthfulness.¶

In addition to mansions in Palm Beach and Manhattan, Epstein owns homes in New Mexico and the Virgin Islands. He’s a frequent contributor to Democratic Party candidates. He also donated $30 millio ,.., to licrvard in 2003.¶

Former New York Gonliot pitzer returned a $50,000 campaign contribution from Epstein after his indictment, then resigned this year during his own sex scandal. And the same Palm Beach Police Department that vigorously investigated Epstein returned his $90,000 donation for the purchase of a firearms simulator.¶

Staff writer Eliot Kleinberg and former staff researcher Michelle Quigley contributed to this story.¶

Jeffrey Epstein: Scientist, stuntman, `sex slave’ visit jailed tycoon¶

By LARRY / Palm Beach Post Staff Writer¶

Posted Aug 13, 2008 at 12:01 AM¶

Updated Jul 16, 2019 at 4:54 PM¶

Tycoon Jeffrey Epstein mingled with an eclectic mix of people, including beautiful young women, before he into trouble for paying teenage girls to give him sexu massages at his Palm Beach mansion.¶

Not much has changed, even though he now resides in a dorm at the Palm Beach County Sheriffs Office’s I7-acre, 967-bed stockade near the fairgrounds.¶

During his first month of confinement, Epstein was visited by the female assistant who, girls told police, had escorted them to the room at his mansion where they gave him naked massages.¶

Also trekking to the jail was a young woman whom Epstein purportedly described as his Yugoslavian sex slave.¶

The wealthy financier and science wonk also has been visited by an expert on artificial intelligence, as well as a man who is a mixed martial arts aficionado and sometime movie stuntman.¶

The only other people to visit him at the jail, according to records, are a Island man and an individual who listed Epstein’s Palm Beach address as his own.¶

Epstein, 55, pleaded guilty on June 30 to two prostitutionrelated charges and was sentenced to 18 months in jail, followed by a year of house arrest. Epstein paid teenage¶

girls $200 to $300 in 2004 and 2005 for massages in his home that sometimes included sexual touching, Palm Beach police said.¶

His jail visitors in July included:¶

IMM29, who some of the teen masseuses said phoned them when Epstein was in town and escorted them upon their arrival at his Palm Beach waterfront home to an upstairs room, where she prepared the massage table and provided the oils for their encounters with him. visited Epstein three times in July, according to a jail visitor’s log. lists a Manhattan home address. Reached by telephone, she declined to discuss Epstein.¶

23, whose family in Yugoslavia Epstein paid money to so that he could bring her to the United States to be his “sex slave,” two teenage girls told police. One girl told police that Epstein instructed and her to kiss and have sex while he watched and masturbated. Another said she engaged in sex with at Epstein’s urging. visited Epstein in jail four times in 13 days. She lists her address as on the Upper East side of Manhattan, not far from Epstein’s enormous apartment.¶

• Roger Schank, 62, founder of the Institute for Learning Sciences at Northwestern University and an expert on artificial intelligence, paid one visit to Epstein. Schank has written numerous books on that subject and has a doctorate degree from Yale University in linguistics. He was one of 19 people who applied to be president of Florida Atlantic University in 2003. He became “chief learning officer” at the online Trump University in 2005. Schank listed his address as being in Stuart, and records show he also owns a home in Lake Worth.

Epstein has financed a number of scientists over the years, including Nobel Prize winners. He gave $30 million to Harvard University in 2003. In November, he formed the not-for-profit Florida Science Foundation, which he said finances scientific research.¶

• Igor Zinoviev, a Russian mixed martial arts fighter, who coaches a Chicago team in the International Fight League. He also has worked as a personal trainer, celebrity bodyguard and movie stuntman, according to the league’s Web site. The New Jersey resident visited Epstein seven times in July.

Zinoviev, Schank and comment. could not be reached for¶

Staff researcher Niels Heimeriks contribut is story.¶

?S‘“¶

Palm Beach Daily News¶

Billionaire sex offender leaves jail six days a week for work¶

Updated Oct 4, 2019 at 9:27 AM¶

Palm Beach billionaire Jeffrey Epstein, who’s serving 18 months in jail for soliciting an underage girl for prostitution, is allowed to leave the Palm Beach County Stockade six days a week on a work-release program. O¶

Teri Barbera, spokeswoman for the Palm Beach Gouty Sheriffs Office, confirmed that Epstein, 55, has been in the work-release program since Oct. 10.¶

“He works six days a week: Friday through Wednesday 10 a.m. to 10 p.m.,” Barbera said via e-mail. “(He) works at his local West Palm Beach office, monitored on an active GPS system (he wears an ankle bracelet). Mr. Epstein hires a permit deputy, at his expense, for his own security at his workplace during the7time he is out.”¶

Miami attorney Jeffrey Herman represents six young women who’ve sued Epstein, claiming he sexually abused theiV his Palm Beach home when they were minors.¶

rtnan said he received a letter about the work-release program from the U.S. Attorney’s Office within the past few days. But Herman says Epstein had been out on workrelease for several weeks before the notification.¶

“My clients expressed shock and disappointment,” Herman said. “I find it incredible that he’s on work-release in the community and my clients aren’t notified of this and we get this letter weeks after the fact.”¶

“He goes to work every single day and goes back to jail at night, just like everybody else (in the program),” Goldberger said.¶

Epstein pleaded guilty June 30 to two felony counts: soliciting prostitution and procuring a person under 18 for prostitution. As part of the plea agreement, Epstein must serve one year of house arrest and register as a lifelong sex¶

offender.¶

Women want Epstein sex plea deal unsealed¶

Updated Oct 2, 2019 al 2:23 PM¶

(EDITOR’S NOTE: This story originally published in The Palm Beach Post June 10, 2009)¶

Their attorneys will ask a judge to open Jeffrey Epstei records.¶

When wealthy money manager Jeffrey Epstein of Palm Beach pleaded guilty last year to procuring teens for prostitution, his case detoured around local and state rules regarding the sealing of court d ell5s.¶

\ 14/ At a plea conference on t to charges, a judge, a defense lawyer and a prosecutor huddled at the bench and decided that a deal Epstein had struck with federal prosecutors to avoid charges ( houldpe sealed, according to a transcript of the hearing.¶

And-so iltctir¶

But Florida rules of judicial administration, as well as rules of the Palm Beach County court system, require public notification that a court document has been or will be sealed, meaning kept from public view. The rules also require a judge to find a significant reason to seal, such as protecting a trade secret or a compelling government interest.¶

Yet no notification or reason occurred in Epstein’s case, according to court records.¶

Epstein’s own attorneys, in federal filings, have referred to his confidential deferred prosecution agreement with the U.S. attorney’s office, struck in September 2007, as “unprecedented” and “highly unusual.” And it was “a significant inducement” for Epstein to accept the state’s deal, observed the state judge who accepted his plea, County Judge Deborah Dale Pucillo.¶

Epstein now faces at least a dozen civil lawsuits in federal and state courts filed by young women who said they had sex with him and now are seeking damages.¶

Attorneys for some of those women want his agreement with federal prosecutors unsealed and will ask Circuit Judge Jeffrey Colbath to do so today.¶

“It is against public policy for these documents to be have been sealed and hidden from public scrutiny. As a member of the public, E.W. has a right to have these documents unsealed: wrote former Circuit Judge Bill Berger, now in private practice and representing one of the women.¶

The Palm Beach Post also will ask Colbath to unseal the agreement. Post attorney Deanna Shullman will argue that the public has a right to know the specifics of Epstein’s deal.¶

According to various media accounts, Epstein moved in circles that included President Clinton, Donald Trump and Prince Andrew. “International Moneyman of Mystery,” declared a 2002 New York magazine profile of Epstein.¶

Epstein, S6, is in the Palm Beach County Stockade, serving an 18-month sentence after pleading guilty nearly a year ago to felony solicitation of prostitution and procuring teenagers for prostitution.¶

He is allowed out from 7 a.m. to 11 p.m., escorted by a deputy, said Palm Beach County Sheriffs Office spokeswoman Teri Barbera.¶

During a Palm Beach Police Department investigation, five victims and 17 witnesses gave statements. They told of young women brought by his assistants to Epstein’s mansion on El Brillo Way for massages and sexual activity, and then being paid afterward.¶

At Epstein’s plea conference last year, his attorney, Jack Goldberger, and then-Assistant State Attorney Lanna Belohlavek approached Pucillo in a sidebar conference. Pucillo, who had left the bench nine years earlier, was filling in temporarily as a senior judge.¶

According to a transcript, Goldberger told Pucillo that Epstein had entered a confidential agreement with the U.S. attorney’s office in which federal prosecutors brokered not pursuing charges against him if he pleaded guilty in state court. Pucillo then said she wanted a sealed copy of the agreement filed in his case, and Goldberger concurred that he wanted it sealed. Belohlavek later signed off on it.¶

The Florida Supreme Court has expressed “serious concern” and launched an all-out inquiry into sealing procedures across the state following media reports in 2006 of entire cases being sealed and disappearing from court records.¶

“The public’s constitutional right of access to court records must remain inviolate, and this court is fully committed to safeguarding this right,” justices wrote in their final report.¶

Epstein’s office on Tuesday referred any questions to Goldberger, who declined to comment. Pucillo also has declined to comment.¶

Epstein secret pact with Feds reveals “highly unusual” terms¶

Posted Jun 10, 2009 at 12:01 AM¶

Updated Oct 4, 2019 at 9:23 AM¶

(EDITOR’S NOTE: This story originally published in The Palm Beach Post on September 19, 2W9)¶

A secret non-prosecution agreement multimillionaire financier Jeffrey Epstein struck with federal prosecutors is being called “highly unusual” by former federal prosecutors and downright outrageous by attorneys now repjesenting young women who serviced him.¶

The deal reveals that the FBI and tbSiS. Attorney’s Office investigated him for several federal crimes, including engaging minors in commercial sex. The crimes are punishable by anywhere from 10 years to life in prison.¶

But federal prosecutors backed down and agreed to recall grand jury subpoenas if Epstein pleaded guilty to prostitution-related felonies in state court, which he d ul ‘mately did. He received an 18-month jail sentence, of lueh he served 13 months.¶

e U.S. Attorney’s Office also agreed not to charge any of Epstein’s possible co-conspirators: , Lesley Groff and¶

The deal was negotiated in part by heavyweight New York criminal defense attorney Gerald Lefcourt.¶

Unsealed on Friday after attorneys for some of Epstein’s victims and The Palm Beach Post sought its release, it offers the first public look at the deal Epstein’s high-powered legal counsel brokered on his behalf.¶

Mark of Stuart, a former federal prosecutor, described the disparity in potential sentences as unusual, but even more so a provision on attorney payment.¶

The first draft of the agreement in September 2007 required that Epstein pay an attorney — tapped by the U.S. Attorney’s Office and approved by Epstein — to represent some of the victims. That attorney is prominent Miami lawyer Bob Josefsberg.¶

But an addendum to the agreement signed the following 4,..’ month struck Epstein’s duty to pay Josefsberg if he and the victims did not accept settlements — capped at $150,00O and instead pursued lawsuits.¶

said it appears the government was trying to balance the lesser sentence for Epstein with recovering $150,000 for each victim. I’ve never, ever seen anything like that in my life,” he said. “It’s highly unusual.”¶

The deal does not say whether any victims were contacted or consulted before the deal was made.¶

Attorney Brad Edwards of Fort Lauderdale, who represents three of the young women, believes that none of the 30 to 40 woman identified as victims in the federal investigation were told ahead of time. said his clients received letters from the U.S. Attorney’s Office months after the deal O signed, assuring them Epstein would be prosecuted.¶

‘Never consulting the victims is probably the most outrageous aspect of it,” said. “It taught them that someone with money can buy his way out of anything. It’s outrageous and embarrassing for United States Attorney’s Office and the State Attorney’s Office.”¶

Epstein now faces many civil lawsuits filed by the women, who are represented by a variety of attorneys. In many, the allegations are the same: that Epstein had a predilection for teenage girls, identified poor, vulnerable ones and used¶

other young women to lure them to his Palm Beach mansion. They walked away with between $200 and $1,000.¶

Former Circuit Judge Bill Berger, also representing victims, called the agreement a “sweetheart deal.”¶

“Why was it so important for the government to make this deal?” Berger asked rhetorically. “We have not yet had an honest explanation by any public official as to why it was made … and why the victims were sold down the river.”¶

Former federal prosecutor Ryon McCabe described th agreement as “very unorthodox.” Such agreements, h are usually reserved for corporations, not individuals.¶

“It’s very, very rare. I’ve never seen or hea’fNe procedure that was set up here,” said,It Gabg,who has no involvement in any Epstein litig¶

“He’s essentially avoiding fecrecSprosecution because he can afford to pay that many lawyers to help those victims review their cases… If a person has no money, he couldn’t be able to strike a deal like this and avoid federal prosecution.”¶

The backroom deal with federal prosecutors is all the more interesting in light of the legal powerhouses who have worked for Epstein, including Harvard professor Alan Dershowitz and Bill Clinton investigator Kenneth Starr. Lefcourt is a past president of the National Association of Criminal Defense Lawyers.¶

Epstein’s local defense attorney, Jack Goldberger, issued a statement Friday saying he had fought the release of the sealed agreement to protect the third parties named there. “Mr. Epstein has fully abided by all of its terms and conditions. He is looking forward to putting this difficult period in his life behind him. He is continuing his longstanding history of science philanthropy.”¶

The investigation triggered tensions between police and prosecutors, with then-Palm Beach Chief Michael Reiter saying in a May 2006 letter to then-State Attorney Barry Krischer that the chief prosecutor should disqualify himself.¶

I continue to find your office’s treatment of these cases highly unusual: Reiter wrote. He then asked for and got the federal investigation that ended in the sealed deal.¶

“The Jeffrey Epstein matter was an experience of what a¶

many-million-dollar defense can accomplish,” Reiter told Assc the Palm Beach Daily News upon his retirement.¶

187 / 278 - Wednesday, January 27, 2010¶

Section: LOCAL & BUSINESS¶

Page: 3B¶

Source: By JANE MUSGRAVE Palm Beach Post Staff Writer¶

JUDGE RULES EPSTEIN ATTORNEYS CAN SUBPOENA ABORTION RECORDS¶

In a decision that could spark a constitutional showdown over privacy rights, a judge Tuesday gave lawyers representing multimillionaire sex offender Jeffrey Epstein the right to subpoena abortion records from women who are seeking millions in damages from the part-time Palm Beach resident.¶

Palm Beach County Circuit Judge Donald Hafele said the records could help Epstein rebut the women’s claims that they suffered psychological ills after being paid to give him sexually-charged massages at his Palm Beach mansion when they were as young as 14. Hafele told Epstein’s attorneys they couldn’t go on a fishing expedition. The medical records, he said, can’t be sought until the women are asked whether they have ever had an abortion, how many and where. Further, he said, the records would not be made public and might not be admissible during trial.¶

But, he said, since the women claim Epstein, now 57, is responsible for their emotional distress, his attorneys can explore the impact of other events. Medical records, Hafele said, are a better source of information than a person’s memory.¶

Attorney Louis Silver, who represents the Presidential Women’s Health Center, a West Palm Beach clinic where abortions are performed, warned Hafele that he was stepping on shaky constitutional grounds.¶

“These records are protected by our constitutional right of privacy,” he said, referring to the Florida Constitution.¶

After the hearing, Silver said an appeal won’t be necessary until Epstein attorneys seek the records.¶

In another ruling Wednesday, Hafele also said that videos from depositions in the state cases can’t be released without a court order. The ruling came after Epstein attorney Robert Critton complained that a video of Epstein being asked whether he had an “egg-shaped” penis became a youtube.com sensation. It first appeared on The Palm Beach Post Web site.¶

Critton blamed attorney Spencer Kuvin for releasing it. Kuvin said it was public record.¶

The civil suits began mounting after Epstein agreed to plead guilty to two state charges: procuring a minor for prostitution and soliciting prostitution. He served 13 months of an 18-month sentence. As part of the deal brokered with federal prosecutors, he agreed not to contest the accusations in the civil lawsuits. He can argue the women don’t deserve the millions they are seeking.¶

~jane_musgrave@pbpost.com¶

Epstein Journal’s Findings Could Resurrect Case¶

Posted Sep 17, 2019 at 12:01 AM¶

Updated Oct 1, 2019 at 10:51 AM¶

(EDITOR’S NOTE: This story originally published in The Palm Beach Post on March 20, 2010)¶

A purloined journal that is said to contain the names “hundreds” of victims of convicted sex offender Jeffrey I Epstein could be used to reopen the investigation into the multi-millionaire’s appetite for teenage girls, an. attorney representing seven of the victims said Friday.¶

New details about the contents of the journal were released this week when Alfredo Rodriguez, who worked as a property manager for the Palm Beach resident, pleaded guilty to obstruction of justice for lying to federal agents when asked if he had any information about his former boss’ criminal activity. He later tried to sell the journal he stole from Epstein for $50,000 to an unidentified person, who alerted authorities, according to court records.¶

part of the plea agreement, federal prosecutors said the A÷ urnal “contains information material to the Epstein investigation, including the names of material witnesses and additional victims.”¶

“Had the items been produced in response to the inquiries of state or federal authorities … the materials would have been presented to the federal grand jury,” federal prosecutors wrote.

¶

Instead, prosecutors short-circuited the grand jury investigation and cut a deal with Epstein. They agreed not to pursue federal charges if he didn’t contest prostitutionrelated felonies in state court. The money manager pleaded guilty in July 2008 to procuring a minor for prostitution and soliciting prostitution. He served 13 months of an 18 month sentence.¶

Attorney Adam Horowitz, who represents seven of the roughly 18 women who have filed civil suits against Epstein, said the new information could trump the socalled non-prosecution agreement.¶

“It opens the door for furth ? s ItS, s , tion,” he said.¶

The multifaceted agreement, he said, deals only with a specific list of victims that the U.S. Attorney’s Office knew about when it penned the deal in 2007. If additional victims are listed in the journal Rodriguez sto itchHorowitz said federal prosecutors could reopen t til’ t’v tigation.¶

In addition to turning e journal to federal agents, Rodriguez told them he ew his former boss was having sex with underage girls when he worked for him in 2004 and 2005. He had seen naked girls, who looked like minors, in the pool of Epstein’s $8.6 million mansion. He had seen pc ttographic images of young girls on Epstein’s computer, ording to court records.¶

Neither Epstein’s criminal defense attorney, Jack Goldberger, nor attorney Robert Critton, who represents Epstein in the civil lawsuits, could be reached. Federal prosecutors have consistently declined comment.¶

The wording of the controversial agreement is unclear. It says federal prosecutors would provide Epstein’s attorneys “with a list of individuals whom it has identified as victims.” Miami attorney Robert Josefsberg was appointed to¶

represent any of the victims on the list who wanted to pursue Epstein in civil court. As part of the agreement, Epstein is to pay for Joscfsberg to represent the women.¶

Some of the women, most identified as Jane Doe in lawsuits, had already hired attorneys to represent them. Some have since settled their suits with Epstein, although terms were not disclosed.¶

Horowitz said he has filed court papers to get the journal that Rodriguez stole. “It’s another piece of evidence that shows our clients were at Epstein’s mansion,” he said.¶

Rodriguez told prosecutors he didn’t turn over the jodrnai when both FBI and Palm Beach police asked for it because he wanted money for it. He also said he was afraid Epstein would make him “disappear.” The information, he told investigators, was his “insurance policy.”¶

He faces a maximum 20 years itkc ton when he is sentenced on June 18.¶

jane_musgrave@p¶

The Palm Beach Post REAL NEWS STARTS HERE¶

Epstein paid three women $5.5 million to end underagesex lawsuits¶

Posted Oct 3, 2017 at 12:01 AM¶

Updated Oct 4, 2017 at 12:46 AM¶

Ending years of speculation about how much Palm Beach billionaire Jeffrey Epstein paid young women who claimed he used them as sex toys, court documents filed last week show he shelled out $5.5 million to settle lawsuits with three of more than two dozen teens who sued him.¶

Responding to requests from Epstein’s attorneys in a complex lawsuit that was spawned by the sex scandal, attorney said the politically-connected 64-year-old convicted sex offender paid more than $1 million to each of the three women represented.¶

Identified in court papers only by their initials or pseudonyms because of the nature of the allegations and their youthful ages, L.M. was paid $1 million, E.W. $2 million and Jane Doe $2.5 million, said of the se ern, he negotiated with Epstein to end the lawsuits.¶

f’14/ Jack Goldberger, one of Epstein’s criminal defense attorneys, on Tuesday declined comment on the revelations, citing confidentiality agreements that were part of the settlements. For the same reason, he declined to say whether Epstein paid similar amounts to settle roughly two dozen lawsuits filed by other young women against Epstein, claiming he paid them for sex when some were as young as 14 years old.¶

Attorney Jack Scarola, who is representing , said his client was compelled to divulge the confidential settlements to answer questions posed by Epstein’s attorneys. “Brilliant move on their part,” he said.¶

Even if Epstein’s attorneys hadn’t opened the door, Scarola said the information would have likely come out. He says the information will help him undermine Epstein’s claims that “ginned up” the allegations to help his former law partner, imprisoned and disbarred Fort Lauderdale lawyer Scott Rothstein, perpetuate a $1.2 billion Ponzi scheme.¶

The revelations of the settlements came as part of an ongoing lawsuit that started as a dispute between Epstein and Rothstein, both billionaires.¶

A year after Epstein in 2008 pleaded guilty to solicitation of prostitution and procuring a minor for prostitution, he sued Rothstein and , claiming they trumped up the allegations of sexual molestation to perpetuate the Ponzi scheme.¶

Rothstein was sentenced to 50 years in prison in 2010 after admitting he had built his wildly successful law firm by forging the names of federal judges and others to persuade investors he had negotiated settlements in lawsuits against high-profile people. Investors were told they could get a cut of the cash.¶

One of the high-profile people Rothstein used to lure investors was Epstein, according to a lawsuit West Palm Beach attorney Robert Critton filed on Epstein’s behalf. According to the lawsuit, Rothstein told investors Epstein, a money manager, had ag. to settle the lawsuits with the teens for $200 million — a claim Critton described as “a complete fabrication.”¶

After Epstein dropped the lawsuit in 2012, Edwards turned the tables on him. accused Epstein of filing the lawsuit maliciously to punish him for representing the young women. Although • no evidence was a partner in Rothstein’s now defunct firm, Scarola claims Epstein had was involved in the Ponzi scheme. Federal prosecutors successfully charged other attorneys and members of the firm, but was never implicated, Scarola said in the malicious prosecution lawsuit.¶

The revelations about the money Epstein paid to three of the young woman came last week in documents filed for aVring Tuesday in preparation for a December trial on the lawsuit.¶

Attorney Tonja Haddad Coleman, who represents Epstein, on Tuesday sought a delay of the trial, in part, because she claimed she has been unable to talk to her client since his estate on his private island in the U.S. Virgin Islands was devastated last month by Hurricane Irma. “I’ve had no ability to communicate with Mr. Epstein: she said.¶

Pointing out Epstein’s enormous wealth and his private jet, Palm Beach County Circuit Judge Donald Hafele rejected her request. While saying he didn’t want to appear insensitive to those victimized by the storm that hammered the Caribbean and roared through South Florida, he said Coleman offered no proof, such as an affidavit from Epstein, to shore up her claims.¶

Still, Hafele gave Coleman extra time to respond to various motions that he will have to decide before the case goes to trial.¶

Despite Scarola’s insistence that had nothing to do with Rothstein’s Ponzilscheme, Coleman said the evidence indicates otherwise. Why else would he try to depose Epstein’s well-known friends, such as now President Donald Trump, former President Bill Clinton and illusionist David Copperfield, she asked. He used the celebrities as a draw, she said.¶

“The Epstein cases were used to fleece money and defraud investor:1e said.¶

Edward’s malicious prosecution case has been difficult fdCb6’th des because both Epstein and illEhave refused to answer questions. As he did in the civil lawsuits, Epstein has invoked his Fifth Amendment right against self-incrimination when questioned by Scarola. has claimed that much of the information Epstein is seeking is protected by attorney-client privilege.¶

The malicious prosecution lawsuit is one of two hotly-contested lawsuits that continue to pit against Epstein. also is suing the U.S. attorney’s office, claiming it violated the federal Crime Victims Rights Act when it negotiated a non-prosecution agreement with Epstein.¶

Only after federal prosecutors agreed to drop their investigation of Epstein, did he agree to plead guilty +prostitution charges in Palm Beach County Circuit Court. In federal court records, pi;seditors claim one of the key reasons they agreed to drop their case was Epstein’s agreement to settle lawsuits filed against him by dozens of his underage victims.¶

Palm Beach Daily News¶

fudge rules feds’ agreement with Jeffrey Epstein pact violated teen victims’ rights¶

Posted Sep 17, 2019 at 4:02 PM¶

Updated Oct 8, 2019 al 12:31 PM¶

(EDITOR’S NOTE: This story originally published in The “S e Paint Beach Post on February 22, 2019)¶

Federal prosecutors violated the rights of Jeffrey 0 eks teenage victims by failing to reveal they had dropped plans to prosecute the billionaire on dozens of federal charges in connection with the girls’ claims that he paid them for sex at his Palm Beach mansion, US. District Judge Kenneth Marra ruled on Thursday.¶

In a blistering 33-page ruling, Marra meticulously and methodically detailed the numerous steps federal prosecutors took to hide the agreement from more than 40 young women who claim Epstein paid them for sex when the werts young as 14.¶

Ile the government spent untold hours negotiating the A4to s and implications of the NPA with Epstein’s attorneys, scant information was shared with the victims,” Marra wrote. “Instead, the victims were told to be ‘patient’ while the investigation proceeded.”¶

By then, it was too late. A deal had already been cut with then-South Florida U.S. Attorney Alex Acosta and Epstein’s attorneys to shelve a 52-page federal indictment against Epstein, a former math teacher turned money manager who counts Presidents Donald Trump and Bill Clinton among his friends.

¶

Prosecutors’ failure to alert the young women about the deal violated the Crime Victims’ Rights Act, Marra ruled. “At a bare minimum the (act) required the government to inform (the young women) that it intended to enter into an agreement not to prosecute Epstein,” he wrote.¶

Still, Marra said he wasn’t second-guessing prosecutors’ decision not to pursue Epstein on federal charges if he pleaded guilty to minor state prostitution charges and agreed to compensate his victims for the trauma he caused.¶

“The court is not ruling that the decision not to prosecut eSAeA - was improper,” Marra wrote. “The court is simply ru9 fisi) that, under the facts of this case, there was a violation `undef the CVRA.”¶

Further, he made no decision about what the remedy should be. He gave prosecutors and attorneys representing the young women 15 days to meet to decide how to unravel the complex legal web that has been hanging over Epstein and his young victims for mote than a decade.¶

The chances an actiird I be reached are slim, said attorney Jack Scarola, who is representing the two Jane Does who challenged the prosecutors’ actions.¶

Further, he said, there is no road map to follow. The lawsuit attorney filed on behalf of the two unidentified young women, claiming prosecutors violated the federal act, is unique, he said.¶

“We are treading on virgin ground, to use what is probably an inappropriate phrase in this situation,” he said.¶

Scarola said he and will ask that the nonprosecution agreement be thrown out. That would open the possibility that the long-shelved federal indictment could be dusted off and filed against the 66-year-old Epstein, who spends most of his time on a private island he owns in the U.S. Virgin Islands.¶

“I don’t see the government conceding to that remedy,” Scarola admitted. Further, he said, it is likely Epstein will be allowed to weigh in. Miami attorney Roy Black years ago filed papers asking to intervene on Epstein’s behalf.¶

The U.S. Attorney’s Office said it wouldn’t comment on Marra’s ruling. Neither Black nor New York City attorney Jay Letkowitz, who led efforts to bury the federal indictment, responded to emails or phone calls for comment. West Palm Beach attorney Jack Goldberger, who represents Epstein, also didn’t respond.¶

Scarola said it is likely Epstein’s star-studded legal team will argue that Epstein fully complied with the terms of the agreement he made in 2007 with federal prosecutors and therefore the agreement can’t be undone.¶

As he promised, Epstein pleaded guilty in.! tine 2008 to state charges of soliciting a minor for prostitution and soliciting prostitution. He served 13 months of an 18-month jail term in a vacant wing of the county stockade that he was allowed to leave 12 hours a da days week.¶

Further, as agreed, aid settlements to the young women who sued him. While the settlements were confidential, court records show he paid three women a total of $5.5 million.¶

(¶

eturn, federal prosecutors held up their end of the bargain. Their investigation ceased.¶

Having done all that prosecutors asked of him, Scarola said Epstein will make a simple argument: “You can’t turn around and deprive me of the benefits I bargained for.”¶

However, Scarola said, using Marra’s ruling, he will counter that the contract Epstein signed was illegal and therefore unenforceable.¶

Even if Marra agrees to toss out the non-prosecution agreement, Scarola conceded that doesn’t mean Epstein will face federal charges.¶

“The contract can be set aside and the federal government can attempt to enter into the same agreement,” he said. “Except the spotlight of public attention will be on them and the 40 victims will be able to explain to the court why this sweetheart deal should not be approved.”¶

Scarola said that prosecutors may have had good reason not to pursue Epstein. “There may be a reasonable explanatio but we don’t know what that reason may have been,” e said.¶

In court papers, federal prosecutors have said that many of the young women were afraid to cross the powerful, politically connected money manager and simply refused to testify against him.¶

In other cases, they said, the women changed their stories. Jane Doe 2, who is trying to have the non-prosecution agreement thrown out, initially described Epstein as “an awesome told prosecutors she hoped “nothing happens” to him. Valle she later agreed to testify against Epstein, prosecutors said they feared Epstein’s attorneys w uld use her words to destroy her if she ever took the stand.¶

-Marra, however, said the young woman’s comments didn’t mean she wasn’t entitled to know about the prosecutors’ plans to drop the charges. “There is no dispute that Epstein sexually abused Jane Doe 2 while she was a minor,” he wrote. “Therefore, regardless of her comments to the prosecutor, she was a victim.”¶

Before the case is finally resolved, Scarola predicted that “a lot of people are going to have to answer a lot of questions.”¶

In his ruling, Marra detailed what appeared to be a cozy relationship between Acosta, his line prosecutors and Epstein’s team of lawyers. His phalanx of lawyers included noted Harvard law professor Alan Dershowitz and Kenneth Starr, the former U.S. solicitor general whose investigation led to the impeachment of President Clinton.¶

Marra describes an October 2007 breakfast meeting between Acosta, who is now U.S. labor secretary, and Lefkowitz shortly after the non-prosecution agreement was inked.¶

After the meeting, Leflcowitz sent Acosta a note thanking him for “the commitment you made to me during our October 12 meeting in which you assured me that your Office would not … contact any of the identified individuals, potential witnesses, or potential civil claimants and their respective counsel in this matter.”¶

Marra quoted an equally pleasant note then-Palm Beach County State Attorney Barry Krischer sent to Assistant U.S. Attorney Vill ho was the lead prosecutor in Epstein’s case. ,1”4/ uld get this worked out for reasons I won’t put in riting,” Krischer wrote, shortly after the non-prosecution agreement was signed. “After this is resolved ,I would love to buy you a cup at Starbucks and hka a conversation.”¶

y of the notes that were exchanged dealt with prosecutors’ and Epstein’s lawyers’ shared desire to keep the deal secret from Epstein’s accusers. In a September email, Villafana asked Lefkowitz for guidance about what she should reveal. “And can we have a conference call to discuss what I may disclose to … the girls regarding the Agreement,” she asked.¶

Such cooperation between prosecutors and defense attorneys is unusual, Marra said. “It was a deviation from the government’s standard practice to negotiate with defense counsel about the extent of crime victim notifications,” he wrote.¶

Further, he noted, that when and his two young clients asked for information, they were repeatedly misled. “The CRVA was designed to protect victims’ right and ensure their involvement in the criminal justice process,” Marra wrote. “When the government gives information to victims it cannot be misleading.”¶

Ultimately, the terms of the non-prosecution agreement were revealed only after and attorneys fari litg press successfully sued to make them pubt . s)¶

Edition: Final¶

Section: A Section¶

Source: By Jane Musgrave, The Palm Beach Post¶

Epstein indicted on sex charges Part-time Palm Beacher pleads not guilty to sex trafficking, conspiracy charges in federal court in Manhattan¶

Dressed in a blue prison jumpsuit, billionaire Jeffrey Epstein on M C day pleaded not guilty to charges accusing him of creating a vast network of girls as young as 14 that he exploited for his sexual pleasure at his homes in Palm Beach and Manhattan.¶

The 66-year-old money manager’s appearance in U.S. District Court in New York City capped more than a decade of recriminations by young women and their attorneys who claimed Epstein used his money and political influence to avoid federal prosecution.¶

Epstein’s attorney Reid Weingarten dismissed the two-count indictment on sex trafficking charges as “essentially a do-over” of allegations that landed Epstein in the Palm Beach County Jail for 13 months more than a decade ago.¶

Ilowever, unlike in 2007 when then-South Florida U.S. Attorney Alex Acosta agreed to shelve a 53-page federal indictment after Epstein agreed to plead guilty to two state prostitution charges, prosecutors in New York indicated they aren’t willing to deal. Acosta is now U.S. labor secretary.¶

“The alleged behavior shocks the conscience,” New York City U.S. Attorney Geoffrey Berman said at a morning news conference. “And while the charged conduct is from a number of years ago, it is still profoundly important to many of the alleged victims, now young women. They deserve their day in court.”¶

At a detention hearing scheduled for Monday, Berman said he will ask a federal judge to keep Epstein behind bars until he is tried on charges of sex trafficking and conspiracy to commit sex trafficking. Epstein paid dozens of young women to give him nude massages that, for most, led to sex, he said.¶

If convicted of exploi&gilozens of young women, including many Palm Beach County girls who were students at = Palm Beach High School, Epstein faces a maximum 45-year prison sentence.¶

Citing Epstein’s enormous wealth, his homes in New York, Palm Beach, the U.S. Virgin Islands, New Mexico and Paris and his ownership of two jets, Berman said there are few conditions that could keep Epstein from fleeing to a foreign country to evade prosecution.¶

“We think he’s a significant flight risk,” Berman said of the man who ferried Britain’s Prince Andrew, actor Kevin Spacey, famed Harvard law professor Alan Dershowitz and former President Bill Clinton on his jet, dubbed the Lolita Express.¶

Berman’s hard-line stance was welcomed by young women who for years have been told that Epstein couldn’t be touched because Acosta signed off on the nonprosecution agreement, promising not to charge Epstein in federal court.¶

Former Palm Beach County resident Virginia Guiffre, who has accused Epstein of turning her into his sex slave and forcing her to have sex with others, including Dershowitz and Prince Andrew, praised Berman. He showed the case is “being taken in a serious way,” she told the Associated Press. Dershowitz has vehemently denied Guiffre’s claims.¶

New York prosecutors were able to ignore the controversial nonprosecution agreement because it contained some significant fine print, said former federal Judge Paul Cassell, who for years has fought to get the agreement thrown out. It says only that no charges could be filed against Epstein in South Florida, he said.¶

Berman agreed. “That agreement only binds, by its terms, only binds the Southern District of Florida,” he said. “The Southern District of New York is not bound by that agreement and wasn’t a signatory of it.”¶

That means the sordid allegations that have been leveled at Epstein for years are now part of a federal indictment.¶

Contrary to Epstein’s claims, he knew the women who came to his homes in New York and Palm Beach were minors because they told him their ages, according to the indictment. Epstein preyed on young girls because he knew they were “vulnerable to exploitation,” prosecutors added.¶

As part of a carefully orchestrated sex ring, Epstein or his associates would call girls while he was in New York so they would be available for sex once he returned to Palm Beach, the indictment says. The employees weren’t named. They were identified only as “Employee-1,” “Employee-2” and “Employee-3.”¶

To ensure he had a steady stream of young girls, Epstein would turn some victims into recruiters. He would pay them to bring new girls to his home on El Brillo Way along the Intracoastal Waterway in Palm Beach or to his palatial townhouse on New York’s Upper East Side.¶

“This allowed Epstein to create an ever-expanding web of new victims,” Berman said. In both New York and Palm Beach, the lurid operation was similar. Unidentified employees of Epstein’s would escort the teens into a room. They were told to take off all or most of their clothes before giving the naked billionaire massages, according to the indictment.¶

“Epstein would also typically masturbate during these encounters, ask victims to touch him while he masturbated, and touch victims’ genitals with his hands or with sex toys,” the indictment says.¶

As part of the criminal complaint, prosecutors are asking that Epstein be forced to turn over his multimillion-dollar townhouse on East 71st Street. The complaint does not seek forfeiture of Epstein’s house in Palm Beach.¶

While heartened that Epstein now faces serious criminal charges in New York, Cassell said he would continue to push a West Palm Beach-based federal judge to throw out the nonprosecution agreement that Acosta forged with Epstein’s star-studded legal team.¶

U.S. District Judge Keneth Marra has already ruled that Acosta violated the federal Crime Victims’ Rights Act by not telling Epstein’s victims about the agreement before it was inked. Coincidentally, Cassell and Epstein attorney Roy Black had to file papers by midnight Monday, explaining what action Marra should take to redress that wrong.¶

Cassell insisted Epstein should face charges in federal court in West Palm Beach. “Florida victims deserve justice in Florida,” said Cassell, who is working on behalf of Epstein’s victims with attorneys [REDACTED] and Jack Scarola.¶

Since it’s likely Florida women will get to testify against Epstein in New York, Scarola said he’s not focused on whether Epstein will face charges here. Instead, he said he wants to know how and why the agreement was reached.¶

“There’s been no explanation as to how a deal like this could have been cut and how the federal government could have been involved in a conspiracy to violate federal law,” Scarola said of his interest in continuing the legal battle over the nonprosecution agreement.¶

When Acosta agreed to drop the federal investigation, Epstein in 2008 pleaded guilty to two prostitution charges and served 13 months of an 18-month sentence in a vacant wing of the Palm Beach County Jail - a cell he was allowed to leave 12 hours a day, six days a week. He was also forced to register as a sex offender and settle civil lawsuits more than 30 young women filed against him.¶

U.S. Rep. Lois Frankel, D-West Palm Beach, said she shares Scarola’s interest in finding out how the agreement came to be. “I am especially more interested in why Epstein got the deal he got,” Frankel said. “We need to know why he was given such an easy sentence.¶

While she has asked the House Oversight Committee to investigate Acosta, Frankel said she is not sure that will happen. “It just seems to me it was a travesty that this guy got off the way he did and, without pre-judging it, let’s have a proper court case,” Frankel said.¶

Former Palm Beach Police Chief Michael Reiter was inflamed in 2006 when then-State Attorney Barry Krischer refused to charge Epstein with serious crimes. Reiter took the information his officers had gathered from dozens of Epstein’s victims to Acosta, believing he would prosecute Epstein. He didn’t.¶

Reiter said he was heartened that 13 years later, Epstein will finally face justice.¶

“Thankfully, U. S. Attorney Berman and the other authorities in New York have the good judgment to investigate and prosecute Epstein in the way that should have occurred in Florida over a decade ago,” Reiter said in a statement.¶

And, Scarola said, there are signals that Berman’s investigation is far from over.¶

Berman declined to answer questions about whether others, such as Epstein’s high-powered friends, would be charged. He brushed off questions about the significance that the investigation was being handled by the Public Corruption Unit.¶

While agents on Saturday were arresting Epstein aboard his private jet at the Teterboro Airport in New Jersey after returning from Paris, other officers were searching his New York City townhouse. Agents seized nude photos of young girls who appeared to be minors, Berman said.¶

He said his focus was on finding more women who were exploited and abused by Epstein. Turning to a poster, detailing the charges that had been filed against Epstein, he pointed a finger at a photo of the convicted sex offender who was once described as “a man of mystery.”¶

“If you believe you are a victim of this man, Jeffrey Epstein, we want to hear from you,”¶

Berman said. A special number, 1-800-CALLFBI, will link victims of authorities.¶

Bill Sweeney, assistant director of the FBI’s New York office, said after years of being ignored by federal agents, the victims’ voices will be heard.¶

“The Jeffrey Epstein matter is No. 1 on the major case list in the country,” Sweeney said.¶

Turning to address Epstein’s victims directly, he said: “Your bravery may empower others to speak out against crimes against them.”¶

jmusgrave@pbpost.com¶

Def.Ex.A-5¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

CA FLORIDA HOLDINGS, LW, Publisher of THE PALM BEACH POST,¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, SHARON R. BOCK, as Clerk & Comptroller, Palm Beach County, Florida,¶

CASE NO: 2019-CA-014681¶

O ASIA¶

)¶

DEFENDANT, DAVE ARONBERG, AS STATE ATTO OF PALM BEACH COUNTY. FLORIDA’S ANSWER TO FIRST AM OM PLAINT AND MOTION TO DIS U11’f II¶

Defendant, DAVE ARONBERG, as State M o I)alm Beach County, Florida, (“SAO”), by and through the undersigned attorney, he Count I of the First Amended Complaint of Plaintiff, CA Florida Holdings, LW, Pjr it gf The Palm Beach Post (“Post”), and files a Motion to Dismiss Count II, as follows: C¶

• 1. Admitted sdictional purposes.

Bed. Med that Defendant Aronbcrg or the Office of the State Attomcy for the Fifteenth¶

JURISDICTION¶

PARTIES¶

Judicial Circuit is in possession and/or control of documents that arc the subject of this action. Otherwise admitted.¶

• 4. Admitted.

INTRODUCTION¶

• 5. Paragraph 5 contains the Post’s statement of the case and legal arguments to which no

response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 5, and therefore denies the allegations and demands strict proof thereof.¶

6. Paragraph 6 contains the Post’s statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO admits only that section 905.27(1)(c), Florida Statute authorizes the disclosure of grand jury proccedin cr certain circumstances.

7. Paragraph 7 contains the Palm Beach Post’s statement of legal arguments to which no response is required. To the extent that a response is r t r , the SAO is without knowledge or information sufficient to fonn a belief as to the factual allegations contained in paragraph 7, and therefore denies the allegations and

8. Paragraph 8 sets forth the Post’s s no response is required. To the extent that a r Qnsclf required, the SAO is without knowledge or infonnation sufficient to form a belief th of any factual allegations contained in paragraph 8, and therefore denies the allcg ‘ens Amands strict proof thereof. ct proof thereof. isSi o the ease and legal arguments to which

9. Paragraph 8 sets tsteiti c Post’s statement of the ease and legal arguments to which no response is required. T xtent that a response is required, the SAO is without knowledge or infonnation suffi form a belief as to the truth of any factual allegations contained in paragraph 9, and therefo d the allegations and demands strict proof thereof.

FACTUAL BACKGROUND¶

10. The SAO is without knowledge or information sufficient to fonn a belief as to the truth of any factual allegations contained in paragraph 10, and therefore denies the allegations and demands strict proof thereof.

A. First Epstein Sex Crimes investigation. Indictment, and Plea Agreement: 2005-2008.¶

of any factual allegations contained in paragraph 11, and therefore denies the allegations and demands strict proof thereof.¶

P. The SAO is without knowledge or infonnation sufficient to form a belief as to the truth of any factual allegations contained in paragraph 12, and therefore denies the allegations and demands strict proof thereof.¶

13. The SAO is without knowledge or infonnation sufficient to fonn a bell to the truth of any factual allegations contained in paragraph 13, and therefore denies the alle s and demands strict proof thereof.

14. The SAO is without knowledge or information suffrcient%oyh a belief as to the truth of any factual allegations contained in paragraph 14, and there strict proof thereof s the allegations and demands

15. The SAO is without knowledge or info ktion sufficient to form a beliefas to the truth of any factual allegations contained in paragraph 15, and therefore dcnics the allegations and demands strict proof thcrcof.

(1) Police Chief Reiter’s Letter to the State Attorney¶

16. The SAO is without knowledge or infonnation sufficient to form a beliefas to the truth of any factual allegations cd in paragraph 16, and therefore denies the allegations and demands strict proof thereo

17,\ AO is without knowledge or information sufficient to form a belief as to the truth of any trt*TIcgations contained in paragraph 17, and therefore dcnics the allegations and demands strict proof thereof¶

(2) The July 2006 State Grand Jury Presentation¶

1g The SAO is without knowledge or infonnation sufficient to form a belief as to the truth of any factual allegations contained in paragraph 18, and therefore denies the allegations and demands strict proof thereof¶

19. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 19, and thcrcforc dcnics the allegations and demands strict proof thereof.

20. The SA() is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 20, and thcrcforc denies the allegations and demands strict proof thereof.

21. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 21, and thcrcforc dcnics the allegations l and demands strict proofthercof.

22. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 22, and therefore denies the allegations and demands / strict proof thereof.

(3) The FBI’s Investigation and Epstein’s Non-Prosecution Agreement with Federal Authorities.¶

23. The SAO is without knowledge or infonnation sufficient to form a belief as to the truth of any factual allegations contained in paragraph 23, and thcrcforc dcnics the allegations and demands strict proof thereof. _

24. The SAO is without knowledge or information sufficient to fonn a bclicf as to the truth of any factual IrguiionS contained in paragraph 24, and therefore dcnics the allegations and demands strict proofthe/ -1.” c …” Il

25. , The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 25, and therefore denies the allegations and demands strict proof thereof.

26. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 26, and thcrcforc dcnics the allegations and demands strict proof thereof.

27. The SAO of any factual allegations strict proof thereof. is without knowledge or information sufficient to form a belief as to the truth contained in paragraph 27, and thcrcforc dcnics the allegations and demands

28. The SAO of any factual allegations strict proof thereof. is without knowledge or information sufficient to form a belief as to the truth contained in paragraph 28, and therefore denies the allegatigatnd demands

29. The SAO of any factual allegations strict proofthcrcof. is without knowledge or information sufficient t lief as to the truth contained in paragraph 29, and therefore dcnic pilcgations and demands

30. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 30, and therefore denies the allegations and demands strict proof thereof.

31. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 31, and thcrcforc dcnics the allegations and demands strict proof thereof.

(4) The Crime Victims’ Riehts Act Litieation.¶

32. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 32, and thcrcforc denies the allegations and demands strict proof thcreof.

33. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 33, and thcrcforc dcnics the allegations and demands strict proof thereof

34. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 34, and therefore dcnics the allegations and demands strict proof thereof.

35. The SAO is without knowledge or information sufficient to form a beliefas to the truth of any factual allegations contained in paragraph 35, and therefore denies the allegations and demands strict proof thereof

36. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 36, and therefore denies the allegatiat9iad demands strict proof thereof

37. The SAO is without knowledge or information sufficient t lief as to the truth of any factual allegations contained in paragraph 37, and therefore dcnic c legations and demands strict proof thereof.

B. Second Epstein Sex Crimes Investiaation, Indicunerd,,Suicide: 2019.¶

38. Admitted.

39. Thc SAO is without knowledge or information sufficient to form a belief as to the truth y of any factual allegations contained in 9, and therefore dcnics the allegations and demands strict proof thereof.

40. The SAO is witho 6wledge or infonnation sufficient to form a belief as to the truth of any factual allegations cd in paragraph 40, and therefore denies the allegations and demands strict proof thereo

41,\ AO is without knowledge or information sufficient to form a belief as to the truth of any titt erAlcgations contained in paragraph 41, and therefore dcnics the allegations and demands strict proof thereof¶

42. Thc SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 42, and therefore denies the allegations and demands strict proof thereof

43. Thc SAO is without knowledge or infonnation sufficient to form a belief as to the truth

of any factual allegations contained in paragraph 43, and therefore denies the allegations and demands strict proof thereof.¶

44. Admitted.

C. The August 27, 2019, SDNY Hearing: Epstein’s Victims Speak.¶

45. The SAO is without knowledge or infonnation sufficient to fonn a belief as to the truth of any factual allegations contained in paragraph 44, and therefore denies the all itpns and demands strict proof thereof

46. Admitted that United States Senior Judge Richard M. B red a hearing on August 27, 2019, but the SAO is without knowledge or information suffi form a bclicf as to the truth of any remaining factual allegations contained in p 3, and therefore dcnics the allegations and demands strict proof thereof.

47. The SAO is without knowledge or inf.:Callon sufficient to form a beliefas to the truth of any factual allegations contained in paragraph 47, and therefore dcnics the allegations and demands strict proof thcrcof.

48. The SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations containaianiParagraph 48, and therefore dcnics the allegations and demands strict proof thereof.

49. TItG SAO is without knowledge or infonnation sufficient to form a bclicf as to the truth of any fac I lialleg ons contained in paragraph 49, and thcrcforc denies the allegations and demands strict pro f` crcol

50. The SAO is without knowledge or information sufficient to fonn a bclicf as to the truth of any factual allegations paragraph 50, and thcrcforc dcnics the allegations and demands strict proof thereof

51. The SAO is without knowledge or information sufficient to form a bclicf as to the truth of any factual allegations contained in paragraph 51, and therefore dcnics the allegations and demands strict proof thereof.

D. The Palm Beach Post’s Standina and the Public Interest.¶

The Palm Beach Post Has Reported Extensively On Epstein’s Crimes For Nearly 15 Years.¶

52. Admitted.

53. Admitted.

54. Admitted that the Post has extensively investigated and reported the legations against, the law enforcement investigation of, and the crimes committed by Ep lacks sufficient knowledge to admit or deny any factual allegations remaining in para d therefore denies the allegations and demands strict proof thereof.

55. The SAO is without knowledge or infonnat fli>l nt to form a belief as to the truth of any factual allegations contained in paragr ha5 therefore denies the allegations and (CW\ demands strict proof thereof

(2) The Palm Beach Post’s Stinvli d the Public Interest.¶

56. Paragraph 56 of the/ First Amended Complaint contains the Palm Beach Post’s fri” statement of the case and legal Urguments to which no response is required. To the extent that a response is required, the !Mc) admits the press has a constitutional right of access to criminal proceedings, but is If\ithout , knowledge or infonnation sufficient to fonn a belief as to the truth of any remaining f demand leg tions contained in paragraph 56, and therefore denies the allegations and of thereof.

57. Paragraph 57 sets forth the Post’s statement of the cast and legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge or infonnation sufficient to form a belief as to the truth of any factual allegations contained in paragraph 57, and therefore denies the allegations and demands strict proof thereof.

58. Paragraph 58 sets forth the Post’s statement of the case and legal arguments to which

no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 57, and therefore denies the allegations and demands strict proof thereof.¶

59. Paragraph 59 of the First Amended Complaint contains the Palm Beach Post’s statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO admits that Fla. Stat. 905.27 allows a court to make tho d’eStermination of disclosure but is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 59, and therefore denies the allegations and demands strict proof thereof. 14/

E. The Court’s Jurisdiction and Authority.¶

0 ) The Court’s Supervision of the Grand turriro,cess and Its Authority to Order Public Disclosure of the Epstein Evidence.¶

60. Paragraph 60 of the First ied Complaint contains the Palm Beach Post’s statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO admits the press has a constitutional right of access to criminal proceedings, but is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 60, and therefore denies the allegations and demands strict proo thereof

( 61. it¶

tZnitted.¶

63. Paragraph 63 sets forth the Post’s statement of the cast and legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to fonn a belief as to the truth of any factual allegations contained in paragraph 63, and therefore denies the allegations and demands strict proof thereof.

64. Paragraph 64 of the First Amended Complaint contains the Palm Beach Post’s

statement of the case and legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any remaining factual allegations contained in paragraph 64, and therefore denies the allegations and demands strict proof thereof.¶

(2) The Court’s Jurisdiction To Declare Rights And Construe Statutes.¶

• 65. Admitted.
• 66. Admitted.
• 67. Admitted.

7¶

COUNT 1 C C) (Declaratory Relief- Florida Stat. Sections c) et seq.)¶

• 68. The SAO reincorporates and re-alleges its r to paragraphs I through 67 above.
  • 69. Admitted. AI ‘S” \
• 70. Paragraph 70 contains the t’s s tent of the case and legal arguments to which no response is required. To the ex t pone is required, the SAO is without knowledge or infonnation sufficient to form a the truth of any factual allegations contained in paragraph 70, and therefore denies th cgations and demands strict proof thereof.
• 71. Adt t rThe Palm Beach Post is seeking a declaration from this Court but denies the remainder of7Paragraph 71. \ Admitted.
  • 73. Y Denied
• 74. Paragraph 74 contains the Post’s legal arguments to which no response is required. To the extent that a response is required, the SAO is without knowledge or information sufficient to form a belief as to the truth of any factual allegations contained in paragraph 74, and therefore denies the allegations and demands strict proof thereof.

MOTION TO DISMISS COUNT 11¶

Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, pursuant to the Florida Rules of Civil Procedure 1.420, hereby files this Motion to Dismiss Count II of Plaintiff’s First Amended Complaint for failure to state a cause of action, and in support thereof states:¶

L Standard of Review¶

When confronted with a motion to dismiss, the Court must determine wh omplaint as phrased within its four corners sufficiently states a cause of action, where be granted. Fox v. Professional Wrecker Operations 801 So. 2d 175, 178 (Fla 5 I)CT1001). A motion to dismiss tests whether the plaintiff has stated a cause of action. for a motion to dismiss under Florida Rule of Civil Procedure 1.140(b) is whether the pl cr u rove any set of facts as alleged in the Complaint to support his or her claim. See bcco Inc. 89 So. 2d 482, 484 (Fla. 1956)• Wasua Ins. Co. v. Haynes, 683 So. 2d 11 DCA 1996).¶

In order to meet this test, “a allege sufficient ultimate facts to show that a pleader is entitled to relief.” W.R. T ontr… Inc. v. Jensen Civ. Constr.. Inc. 728 So. 2d 297, 300 (Fla. 1st DCA 1999) (quot Cosgrove 464 So. 2d 664, 665 (Fla. 2d DCA 1985); Fla. R. Civ. P. 1.110(b)). Th urn need not accept internally inconsistent factual claims, conelusory allegations, unwar gtbd deaLvtions, or mere legal conclusions made by a party. a (citing Response Oncology. Incrik trallcalth Insurance Co. 978 F. Supp. 1052, 1058 (S.D. Fla. 1997)); Oxford Asset Mont. v. Jahar ij 97 F.3d 1182, 1188 (11th Cir. 2002) (“fOn a motion to dismiss,1 the plaintiff’s factual allegations arc accepted as true… However, legal conclusions masquerading as facts will not prevent dismissal.”). To avoid dismissal, a pleading “must allege a cause of action recognized under law” against the defending party. Kislak v. Krecdian, 95 So. 2d 510, 514 (Fla. 1957).¶

IL Argument,¶

• a. Neither Defendant Aronbere, nor the Office of the State Attorney for the Fifteenth Judicial Circuit is in possession and/or control of documents that

are the subject of this action.¶

It is significant to emphasize that despite Plaintiff’s allegations to the contrary, Defendant Aronberg and thc Office of the State Attorney for the Fifteenth Judicial Circuit arc not in custody or control of the records sought herein, and therefore Defendant Aronberg is not a proper party to this action. In fact, Defendant, Sharon R. Bock, as Clerk and Comptroller of Palm Beach County, Florida, admits that it is the custodian in possession of the documents that arc the subject of t on.¶

b. Plaintiff Fails to State a Cause of Action¶

Plaintiff attempts to assert a causc of action, in the interest of “fu ”, under Florida Statute § 905.27; however, a review of the statute in question reveals thatt sc of action is provided for therein and consequently Count II of Plaintiff’s First Ante plaint must be dismissed as a matter of law. Despite Plaintiff’s extensive recitation al background regarding Jeffery Epstein and the testimony and evidence present “k4 2006 grand jury in Palm Beach County, Florida, Fla. Stat. § 905.27, merely explains \ ccp ons to the disclosure of grand July testimony and does not set forth in any way a cau upon which to initiate a valid law suit.¶

Moreover, a review of t issue clearly indicates that even if § 905.27, Ha. Stat. provided a basis for a cause of a laintiff is barred from access to the records it seeks. To wit, in pertinent part, Fla. Stat. § 9 ! . N(2) states:¶

t When sucK osurc is ordered by a court pursuant to subsection (1) for use in a civil scloscd to all parties to the case and to thcir attorneys and by thc latter associates and employees. However, the zrand fury testiinonv afforded by the court can only be used in the defense or prosecution of the civil or ma case and for no other purpose whatsoever.¶

Here, despite the clear statutory guidelines for disclosure of grand jury materials in a civil case, Plaintiff is improperly socking the requested 2006 grand jury materials for the purposes of public disclosure pursuant to the court’s inherent authority and supervisory powers over the grand jury. [See, Complaint 11 8, 63]. Again, even if Plaintiff properly asserted a cause of action under Fla. Stat. 905.27, the statute unambiguously states that grand jury testimony “can only be used in the defense or prosecution of the civil or criminal case and for no other purposc whatsoever”, which is distinctly different from Plaintiff’s intended purpose for public disclosure of the grand jury evidence. Fla. Stat. 4 905.27(2)..¶

WHEREFORE, based on the foregoing argument and supporting authority, Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, respectfully requests that this Honorable Court grant the instant Motion and dismiss Count II of Plaintiff’s FirstAmc Complaint with prejudice, and grant Defendant Aronbcrg all other and further relict dcc st and proper, including attorney’s fees and costs for defending this frivolous action.¶

CERTIFICATE OF SERVICE¶

I HEREBY CERTIFY that on this 24th day of January opy of the foregoing has been electronically filed with the Florida E-File Portal for e- \ *c b panics of record herein. se¶

4 0 SCHOLZ & WYLER, LLC “ct

¶

S{sup}7 / Douglas A. Wyler¶

Arthur I. Esq. Fla. Bar No.: 10249 Richard J. Scholz, Esq. Fla. Bar No.: 0021261 Douglas A. Wylcr, Esq. Fla. Bar No.: 119979 961687 Gateway Blvd., Suite 201-I Fernandina Beach, Florida 32034 (904) 261-3693 (904) 261-7879 Fax Primary: jacobsscholzlaw@comeast.net¶

General Counsel for the Florida Prosecuting Attorney’s Association¶

Def.Ex.A-6¶

In the Matter Of: CA FLORIDA HOLDINGS vs DAVE ARONBERG¶

50-2019-CA-014681¶

HEARING¶

June 03, 2020¶

ESQUIRE DEPOSITION SOLUTIONS¶

800.211.DEPO (3376) EsquireSolutions.com¶

IN THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

CASE NO.: 50-2019-CA-014681 CIRCUIT CIVIL DIVISION: “AG”

¶

CA FLORIDA HOLDINGS LLC PUBLISHER OF THE PALM BEACH POST,¶

Plaintiff/Petitioner¶

-vs-¶

DAVE ARONBERG, SHARON R. BOCK, <¶

< IC¶

/¶

HEARING CEF 4)D ( :E iilq THE 75rHONORABLE KRISTA MARX (ZOOM CONFERENCE)¶

O lt. Wednesday, June 3, 2020 10:08 a.m. - 10:28 a.m.¶

REMOTE ZOOM CONFERENCE Port Saint Lucie, Florida

¶

Stenographically Reported By: SONJA M. Court Reporter¶

800.211.DEPO (3376) EsquireSolutions.corn¶

1 APPEARANCES:¶

2 3 On behalf of the Plaintiff/Petitioner: 4 GREENBERG TRAURIG, P.A. 5 1840 Century Park East 6 Suite 1900 7 Los Angeles, California 90067 8 310.586.7700 9 boyajian@gtlaw.com 10 BY: NINA D. BOYAJIAN, ESQUIRE¶

7 8 On behalf of the Defendant/Respondent: 9 JACOB, SCHOLZ & WYLER, LLC 10 961687 Gateway Boulevard 11 Suite 2011 12 Fernandina Beach, Florida 32034 13 904.261.3693 14 doug.wyler@comcast.net 15 BY: DOUGLAS A. WYLER, ESQUIRE¶

12 13 On behalf of the Defendant/Respondent: 14 CLERK & COMPTROLLER, PALM BEACH COUNTY 15 P.O. Box 229 16 West Palm Beach, Florida 33401 17 561.355.2983 18 nfingerhut@mypalmbeachclerk.com 19 BY: NICOLE R. FINGERHUT, ESQUIRE¶

PROCEEDINGS¶

0¶

THE COURT: We are here today for a very limited purpose. I’m sure the attorneys are aware of that, but I just don’t want there to be any confusion. We are here on Defendant Dave Aronberg and Defendant Sharon Bock for the Comptroller and the State Attorney’s motion to dismiss Count II.¶

You’re all acutely aware as the lawyers that this is a question of law. So we’re not going to be diving into facts and the Courtwill not be deciding the merits of this motion this morning. We are simply here for the sole purpose of that motion to dismiss. So I just wanted to make sure that we all stay on track and,we’ire all on that same page.¶

So, Ms. Boyagian, I’ll send it to you first, course, we all know that the Law 101, I must Zook at the four corners of the motion, which alleges that the State Attorney, David Aronberg, and rk and comptroller, Sharon Bock, actually have custody and control of these grand jury proceeding.¶

Whether that is true or not is not for this court to determine because I’m looking simply at the four corners of the complaint. But, not for nothing, I think we all know that they don’t have control and¶

2 custody of the records. But I’m going to assume that it’s correct because that’s what has been alleged.¶

3 4 5 6 8 9 So what I first want to hear from is the attorney for Florida Holdings with regard to, assuming arguendo, that Florida Statute 905.27 does create a cause of action, what relief is it that you’re seeking from in Count II, specifi ally. Not the dec action. We’re not here on t today what is it you hope to get, a judgmen¶

10 11 12 MS. BOYAGIAN: Thank you, y morning, and thank you for thp4t1y lege of appearing before this court. onor. Good¶

13 14 15 16 The relief we are Aing is disclosure of the grand jury records, pursuant to the Furtherance of Justice Exception to 905.27. And under the First Amendment.¶

17 18 19 The press, as your Honor is aware, has a right of access under the First Amendment as a surrogate of the public —¶

20 21 THE COURT: Let me just stop you for a minute. like you to answer my specific question.¶

22 23 24 25 So I am not particularly convinced — and I’d like for you to address that. So we’re not going to dive into facts or the press’s standing because that’s not something we’re here to discuss today.¶

0¶

• 15 16 17 18 19 20 21 22 23 24 25 Again, I’ that are asser o assume the facts are true n the motion. Whether they are or t r not — beca I think we can all agree we’re not for sure i hey ever — that the state attorney doesn’t have 1 s records. So what is it you’re seeking in I — not the dec action. I know you want the records. I’ve got that. But in Count II, specifically, what do you — what’s the relief you’re seeking and, more importantly, how under this statute do you get to assert a private action — a private cause of action against the state attorney and the¶

2 3 4 5 6 7 And I have read the voluminous paperwork — I’ve received paperwork as — and — five-minute ago from some of the other parties. But I deeply appreciate the fact that you sent this to me so much in advance with, as I said, the voluminous paperwork th was provided. and I have been able to spend some time¶

8 9 10 11 But as you know, , we are h r such an extremely limited issue today, and t t heir motion to dismiss where they state “you uing the wrong people”; that the court has e records.¶

12 13 14 And so, more importa y want whether Section 905.27 action against the you to address you a private cause of te attorney and the clerk.¶

1 clerk?¶

2 3 4 MS. BOYAGIAN: Your Honor, we are aware, of course, that there is no expressed private right of action, 905.27. But that does not end the inquiry.¶

5 As the Florida Supreme Court stated:¶

6 “Where a statute like 905.27¶

7 8 9 forbids an act which is to Plaintiff’ It :) injury, the party injured should a i: e an action.”¶

10 11 And that’s the Piezo amain the volume of materials that we sent you¶

12 13 14 There’s no question h FIRST AMENDMENT right t at the denial of the ress is an injury which gives rise to a righ ion.¶

15 16 17 18 19 Stated anoth a , looking at the analysis that the Fischer Mel calf Court looked at, there are three factoxq n determining whether there is a private righ r of y action where a statute does not expressly provide for one.¶

20 21 22 23 Sie is whether the Plaintiff is part of the cla s for which the statute is intended to protect; second is a legislative history; and the third is the underlying purposes of the statutory scheme.¶

24 25 The first factor I already addressed, that the press is part of the class that the statute is¶

4¶

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• 20 21 22 23 24 t) the public through the press can’t bring a private right of action to enforce that exception or to seek relief under that exception, that intentionally placed exception of furthering justice is essentially rendered hollow —¶

1 2 intended to benefit, being the surrogate of the public and exercising its first amendment right.¶

3 4 5 6 7 The second issue of legislative history and the purpose — statutory purpose are somewhat related. We were unable to find much legislative history on this issue of a private right of action under the statute.¶

8 9 10 11 There is nothing that says we intend to create a private action, but there’s certainly nothing that says we do not want to create a i to right of action.¶

12 13 14 15 16 17 18 19 What we do have is t i$‘1994, the same time that 905.27 was reenac d, statute that pertains to the secrecy of Stat ra d Jury — statewide grand juries was also enacted. That provision, which is 905.395, has no exceptions for — for revealing these records. By contrast, the legislature intentionally enacted 905.27 with the Furtherance of Justice Exception . ‘i¶

25¶

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11                   And, you know, I’m further stymied by the fact 12 that you allege in your complaint that they have — 13 particularly David Aronberg the State Attorney — 14 that he has these records. 15                   But I’m going to assume that’s true. So I’m 16 not telling you, yo尸钩 尸④ Nmμ什 H-日 ~O坤蜀食湘。轰仂韵{sup}G身⑨ “5扣 竹样广①・ 仂。 H-三 口。” 什①H二口⑥ <。 闩-弓山Gmd加仰磋 檐劭 艳 加什 )朋 f憋u 如腩 O< <。c 扣什① 劬 QO口-” 5澎<① 。)G⑦① O山。n O岂. 逻-一①什-仂 惴G° g暴 2H 什5毛黝< 9口q<8 」G8三③昌叶 什什。烤口①< U剑<① 步畔。巳{sup}V①尺圜.¶

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1 2 3 4 5 6 custody, and control. My understanding is that the state attorney has asserted that he does not have possession. It’s not my understanding that the clerk has taken that position. So the clerk may indeed be the — someone who does have possession, custody, and control.¶

7 8 9 10 11 12 In any event, we would submit that t tate attorney, even it does not have actua ession at this time, it might be able to have t e power to control or direct the entity or •ns who do have control and possession to rele hose — to effect the judgment.¶

13 14 15 16 17 18 19 THE COURT: So le me sk you this: So the clerk is the keeper the record. But even if you got a judgment her — let’s say you asserted this cause of ti n and let’s say you win and you get a judgmencagainst the clerk. The clerk cannot release grand jury testimony to you. Only the court can.¶

20 21 22 23 So really — all I’m saying to you is I do not understand the way this case was filed or why these are the defendants because it’s impossible for them to perform.¶

24 25 I mean, I’m going to assume, based on your motion, again, that they do have the records. But we¶

EsquireSolutions. corn¶

1 2 3 4 all know — everyone in the room knows they do not - that only the court — they’re — they’re with a court interpreting. And only the court can release the records.¶

5 6 8 9 So if you get a judgment against either the ,I, state attorney or the clerk, they cannot — mean, I ;44Iftsr llr guess what you’re saying to me is, well, want to do discovery and we want them to say cally “I have these records” or “I don’t have¶

10 11 12 13 And — I mean, the law is ab ntly clear. You cannot do it without a co ermining whether, in the furtherance of just he release is appropriate.¶

14 15 16 MS. BOYAGIAN: And that is a determination we’re asking your Honor to make, and we’re asking for an order from your court.¶

17 18 19 20 21 22 23 24 25 THE COURT: When we get to the merits of the case, sure iC is. But, again, you’re asking me to makethat determination and for me to make a deAormination of whether the grand jury records sholald be released. And the only thing we’re here today about is why should the clerk and the state attorney have to defend a civil action when it’s a possibility of performance? They — even if you were to win and get a judgment against them, they cannot¶

2 3 4 5 6 7 8 So — I mean, it’s as simply as this: Are you — you just want to engage in some discovery for them to absolutely assert, particularly, the state attorney, “I don’t rules that say the moment the grand jury’s o they’re sealed and cannot be released have these records”; look to the they’re turned over a:ui :) without court orde ”¶

9 10 11 12 13 14 15 (LP ) So I’m not addressing the merit o whether you have an exception or you’re abl/. rgue that there’s an exception in the furthArance of justice. We’re not getting there today. I’m simply saying why should these two entities have to defend this lawsuit when even down the road if they win they can’t give you what they do have?¶

16 17 18 MS. BOYAG As your Honor stated, I’m not sure that’s case with the clerk. That was not in their Recthat issue was not stated in their papers¶

19 20 21 22 23 OURT: Let me ask you this, then: Do you Ac\ think, if you got a judgment and I or the court 7 doesn’t make the determination that the grand jury records should be released, that the clerk would be able to perform?¶

24 25 Would they be able to say “here you go”? I mean, could the clerk just make that unilateral¶

give you what they don’t have.¶

1 2 decision “I’m going to release the records, sealed confidential records”?¶

3 Does she have any authority to do that?¶

4 5 6 MS. BOYAGIAN: My understanding, your Honor, is that 905.27 requires a court order before the records are unsealed.¶

7 THE COURT: Exactly. Exactly.¶

8 9 All right. Let me hear from Mr. A rg’s attorney, Mr. Wyler.¶

10 11 MR. WYLER: Thank you, your a r. May it please the Court —¶

12 THE COURT: Good morn¶

13 MR. WYLER: Good¶

14 15 16 17 18 19 20 21 Your Honor, I wJtted to let you know that I spoke with coup r the clerk, Ms. Fingerhut, a couple of days of e this hearing, and we decided that I wouldjst make the presentation for both of of us, ing hat our arguments overlap except for the Q who this claim — whether they have the or not, which, of course, we’ve said we don’t haVb’ custody of the records.¶

22 23 24 25 But, nonetheless, our arguments overlap. The Plaintiff is attempting to assert a cause of action under Section 905.27. That statute settled testimony not to be disclosed exceptions. So it’s just¶

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• 22 23 24 25 So just as I stopped Plaintiff’s counsel from arguing the merits of the case and whether or not the Furtherance of Justice Exception will apply in this instance, we’re not even there yet.¶

1 2 explaining exceptions to the disclosure of the grand jury testimony.¶

3 4 5 Our position is that it doesn’t set forth a cause of action and that it’s impossible for us to perform what they’re asking.¶

6 7 8 10 11 12 I know you said you didn’t really want get into the Furthering Justice Exception, bu know that’s what they’re using as their basi get to these. But it’s our position that tngspiear unambiguous statutory language, ows that this disclosure only applies to a or criminal case, and that within that civi 4iminal —¶

13 (Speaking simulta ou y.)¶

14 15 THE COURT: Ago s r I’m sorry. As I told Plaintiff’s cou¶

16 17 for MR. WYLER can only be used in the defense wv¶

18 19 20 21 COURT: Okay. We’re not there. We’re not disc % the merits of the case, and — I’m not o cross that bridge. I’m here for a very, very limited hearing today.¶

1 2 3 4 5 I’m only here for the purpose of determining whether or not the clerk and state attorney should be dismissed. And I am bound by the four corners of the document, which assert that you do have control and custody over it.¶

6 7 ALk So if you’ll fashion your argument with e and to that limited purpose, I would appreciat ORlte.¶

8 9 MR. WYLER: No problem, your Hono . apologize.¶

10 11 12 13 14 15 16 Within the four corners of complaint, our position is that they failed 4 e a cause of action under 905.27. It d t provide for — it doesn’t list that there adequately pled to rt 17e that. There’s lement that they have cause of action under he only thing they’re asking for is records e don’t have.¶

17 18 19 There’s really not much more to it, your Honor. And we ul I’ 4 d ask that you would grant our motion to dism’ failure to state a cause of action.¶

20 21 g:Nf E COURT: Okay. Ms. Fingerhut, are you still on he phone?¶

22 MS. FINGERHUT: Yes, your Honor.¶

23 THE COURT: Is there anything you wish to add?¶

24 MS. FINGERHUT: We agree with the state¶

25¶

0¶

• 22 23 24 25 THE COURT: Well, I assume the state attorney that was present — I mean, I don’t find that that’s close to what we’re talking about here, and that’s whether or not — I mean, as we know, this was in¶

1 2 3 4 5 6 7 attorney’s position, and we also agree with what the Court has said, that the plain language of the statute, a cause of action doesn’t exist. And we really cannot — we’ll be defending something without the four corners. We’re simply involved in this action because the clerk is the custodian 06.44; records.¶

8 THE COURT: Okay. Thank you,¶

9 II. Boyagian, back to you.¶

10 11 12 13 14 MS. BOYAGIAN: Your Honor, like to note that in the Butterworth casedw ich the Supreme Court limited the application \ 05.27 by saying that a witness can reveal her own testimony and prohibiting that they violate tre First Amendment —¶

15 THE COURT:( 14/ at again, please.¶

16 17 18 19 20 21 MS. BOYAGAtiN) In the Supreme Court case, the Butterworth- e, in which the Supreme Court ruled that 905’.27 can’t restrict a Grand Jury witness from revear7,g er own testimony, that would be a i on of First Amendment, in that case, the state att rney was, in fact, a party.¶

ItO lii Ir¶

1 2 3 2006. Certainly Dave Aronberg wasn’t even the state attorney then. But this is about the release of records.¶

4 5 6 7 8 9 10 11 I want to give you ample opportunity — and again, I sincerely appreciate that all of the case law and the way that it was presented to the Socurt in ..”,, such a timely fashion. I really do. And Qid spend some time with it. But I want to give hatever opportunity you want to take to convl e that it is in — as to Count 2, again • he dec action - whether these would be the ap te defendants.¶

12 13 14 15 And, you know, really nt you to boil it down for me as to this —/Set s take it all the way down the road. You win. You get a judgment against the clerk and the state attorney.¶

16 17 18 19 20 21 22 23 24 I know there’s other reasons why you might have filed it this way. But I’m just simply puzzled because/I- do hear what the clerk and the state I \ attorney are saying, and that is, performance is impossible. They don’t have the records and cannot — absolutely. There’s not even an inch of wiggle room — that they could release the records even if you got a judgment. It is solely a determination for the court.¶

25 I, frankly, think, you know, there’s ways to •¶

0¶

• 23 24 25 THE COURT: What do you mean? What do you mean? They’re not trying to block it. They’re saying that despite the fact — let’s just talk about¶

1 2 3 get to your records. There’s ways to get confidential records. But it isn’t by suing the state attorney and the clerk.¶

4 5 6 7 8 9 So I just want to hear your last final argument on how Count II, the appropriate defendants are the clerk and the state attorney. Even assuming arguendo they have the records — we know they don’t — you were to get a judgment against them, how would you expect them to perform?¶

10 11 12 13 14 15 16 MS. BOYAGIAN: Two points, your Honor: One is that, again, the clerk did not assert in her papers that she does not have control. That is a position that the State Attorne s Office has asserted. It is our allegation, and our Honor noted, allegations must be accepted as true at this stage of the proceeding¶

17 18 19 20 21 22 Second is also our understanding that the state attorney and the clerk intend to block access to these records. So our allegation is that they do %. )1 ‘bssession, custody, or control, which the clerk has not denied; and second, that they are trying to block access to the records¶

1 2 the clerk, because we all know the state attorney doesn’t have it.¶

3 4 5 6 7 8 9 So the clerk is the custodian of records. That’s her main job. There’s no doubt about it. We all know that. But we also know, unequivocally unequivocally, only the court can make the 4 determination of whether the moving party satisfied that there is an exception h ese should be released.¶

10 11 12 13 14 15 16 So, again, I ask you — %in fact, the custodian of the records — our opinion that if you got a judgment say rk and comptroller gets a judgment against m, that she can release the records without urt — without the court weighing in, with e court making that determination ired by law?¶

17 18 19 MS. BOYAGIAN: No, your Honor. We are asking your Ho or t’rorder the clerk to do that under your¶

20 %blE COURT: All right.¶

21 22 Mr. — Ms. Fingerhut, you wish to be heard on that?¶

23 24 25 MS. FINGERHUT: Your Honor, our position is that we’re not trying to block access to the records —¶

0¶

• 25¶

1 (Speaking simultaneously.)¶

2 3 THE COURT: Can you hear? Can the attorneys hear?¶

4 5 MS. FINGERHUT: — custodian the records and that he cannot release the records without court¶

6 THE COURT: Exactly. AllAr¶

7 Okay. All right. Anything further Wyler?¶

8 9 10 11 . MR. WYLER: No, your Honor. I ith the attorneys for the clerk’s office that’s impossible for us to release these records -re’s no intent to hide them or block anything f)4r6m the Plaintiff.¶

12 13 THE COURT: Okay. Anything further, Ms. Fingerhut?¶

14 \ MS. FINGERHUT: your Honor.¶

15 16 THE COURT: s. Boyagian, anything further¶

17 II. BOYAGIAN: Nothing further, your Honor.¶

18 19 20 COURT: Okay. I will get an order out quic hank you, folks so much. And I’ll see you e next round. Thanks a lot. 910i.¶

21 MS. BOYAGIAN: Thank you, your Honor.¶

22 MR. WYLER: Thank you, your Honor.¶

23 (The proceedings concluded at 10:28 a.m.)¶

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CERTIFICATE OF REPORTER¶

I, Sonja M. a Court Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript, s 1 through 19, is a true and complete record of stenographic notes. 5:)¶

(:/14¶

Dated this 3rd day of 0020.¶

(s4¶

R IL Sonja M. Court Rep¶

Def.Ex.A-7¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

CIRCUIT CIVIL DIVISION AG CASE NO. 50-2019-CA-014681-XXXX-MB CA FLORIDA HOLDINGS LLC PUBLISHER OF THE PALM BEACH POST, Plaintiff/Petitioner vs. DAVE ARONBERG, SHARON R BOCK, Defendant/Respondents.¶

ORDER GRANTING DEFENDANTS MOTIONS TO DISMISS COUNT II OF PLAINTIFF’S FIRST AMENDED COMPLAINT WIT)! PREJUDICE¶

THIS CAUSE cant before the Court on Dave Aronbe Stan. Attorney of Palm Beach County’s (“State Attorney”) and Sharon R. Bock, le Comptroller of Palm Beach County’s, (“Clerk”) respective Motions to Dismiss CA Florida Holdings, LW, Publisher of the Palm Beach Post’s (“The Post” >MtAmierded Complaint (DE## 22, 24). This case is assigned to Division AG, which is y sided over by the Honorable Donald Hafele. However, the undersigned, a ge of the Fifteenth Judicial Circuit, presided over the June 3, 2020 hearing o ttorney and Clerk’s Motions as the Motions implicate records of the Palm h ounty grand jury, over which the Chief Judge presides. See § 905.01, Fla. Stat ( er careful consideration of the pleadings and the arguments presented at the ourt grants the Motions for the following reasons.¶

0 Background The Post is outlet which has heavily reported on the 2006 Palm Beach County criminal prosecuiio f Jeffrey Epstein. Through the instant civil lawsuit, The Post seeks “in mediate access to the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury” in Mr. Epstein’s case and alleges that both the State Attorney and Clerk are “in possession and/or control of [those] documents.” (DE # 17, First Amended Complaint at 11 3,4, and 77). Specifically, The Post seeks declaratory judgment as to its rights to obtain the grand jury testimony in Mr. Epstein’s case from the State Attorney and Clerk (Count I) as well as judgment against the State Attorney and the Clerk pursuant to section 905.27, Florida Statutes, which sets forth the parameters of grand jury secrecy in Florida. (Count 11). Both the State Attorney and the Clerk move to dismiss Count II of The Post’s First Amended Complaint, arguing that that section 905.27 does not create a private cause of action. (DE## 22, 24). The Court agrees.¶

Analysis¶

“In reviewing a motion to dismiss for failure to state a cause of action, the court t ccept the allegations of the complaint as true and construe them in the light most favora the intiff.” Almarante v. Art Institute of Fort Lauderdale, Inc., 921 So. 2d 703, 704-0.4 DCA 2006). The motion should only be granted if the moving party demo the plaintiff cannot provide any facts that would support a cause of action. Jd. fo ws that if the cause of action alleged is nonexistent under Florida law, dismissal’ Cummings v. Dawson, 444 So. 2d 565, 566 (Fla. 1st DCA 1984) (affirming itsic f cause of action not recognized by Florida law).¶

Section 90527, Florida Statutes (2019), is tic “T timony not to be disclosed, exceptions,” and states:¶

• (1) A grand juror, state atto s r Cant state attorney, reporter, stenographer, interpreter, or any other rson aring before the grand jury shall not disclose the testimony of a witness e before the grand jury or other evidence received by it except when requirjby a court to disclose the testimony for the purpose of:
  • a. Asc whether it is consistent with the testimony given by the witness before ning whether the witness is guilty of perjury; or ring justice.

(2) It is unlawful for any person knowingly to publish, broadcast, disclose, divulge, or cotritunicate to any other person, or knowingly to cause or permit to be published, broadcast, disclosed, divulged, or comrrunicated to any other person, in any manner whatsoever, any testimony of a witness examined before the grand jury, or the content, gist, or import thereof, except when such testimony is or has been disclosed in a court proceeding. When a court orders the disclosure of such testimony pursuant to subsection (1) for use in a crininal case, it may be disclosed to the prosecuting attorney of the court in which such criminal case is pending, and by the prosecuting attorney to his or her assistants, legal associates, and employees, and to the defendant and the defendant’s¶

attorney, and by the latter to his or her legal associates and employees. When such disclosure is ordered by a court pursuant to subsection (I) for use in a civil case, it may be disclosed to all patties to the case and to their attorneys and by the latter to their legal associates and employees. However, the grand pry testimony afforded such persons by the court can only be used in the defense or prosecution of the civil or criminal case and for no other purpose whatsoever.¶

(3) Nothing in this section shall affect the attorney-client relationship. A client shall have the right to cormunicate to his or her attorney any testimony given by the client to the grand jury, any nutters involving the client discussed in the client’s presence before the grand jury, and any evidence involving the client received by or proffered tootlr1 grand jury in the client’s presence.¶

(4) Persons convicted of violating this section shall be guilty of a degree, punishable as provided ins. 775.083, or by fine not exce r of the first ,000, or both.¶

(5) A violation of this section shall constitute criminal collie¶

§ 90527, Fla. Stat. (2019).¶

As the State Attorney and Clerk argue t concedes, section 90527 makes no express provision for a civil suit or c Nonetheless, The Post maintains that it is entitled to seek the grand jury records cause of action pursuant to the “furthering justice” exception to grand jury secre din subsection 90527(IXc). Therefore, the limited question for this Court’s on is whether a cause of action under section 90527 should be judicially implied. Se v y v. N. Sinha Corp., 644 So. 2d 983, 985 (Fla. 1994).¶

In advocating that it intain a cause of action against the State Attorney and Clerk under section 90 The ost urges the Court to examine three factors “(1) whether the plaintiff is ot o s for whose special benefit the statute was enacted; (2) whether there is any ther explicit or implicit, of a legislative intent to create or deny such a remedy; 3) whether judicial implication is consistent with the underlying purposes of the legislative scheme.” (Plaintiff’s Opposition to Defendant, Dave Aronberg, As State Attorney of Palm Beach County, Florida’s Motion to Dismiss Count II of the First Amended Complaint at page 13 (citing Fischer v. Metcalf, 543 So. 2d 785 (Fla. 3d DCA 1989)). Within these three factors, The Post recognizes that there is no indication of legislative intent to create a cause of action, but leans heavily on the benefit factor, arguing that the “furthering justice” exception to¶

grand jury secrecy outlined in section 905.27(1)(c) was meant to benefit the public at large, for which the press acts as a surrogate. The Post’s arguments are unpersuasive as to the discrete issue of whether a private cause of action lies in section 905.27.¶

To begin with, The Post’s reliance on the benefit factor is misplaced. Per the Florida Supreme Court’s 1994 opinion in Murthy, “the question of whether a statute establishes a duty to take precautions to protect or benefit a particular class of persons is no longer determinative on the question of whether a cause of action should be recognized.” Sorenson v. Pro Compounding Pharmacists of W. Pa., Inc., 191 So. 3d 929 (Fla. 2d DCA 201 urthy, 644 So. 2d at 985). Instead, “whether a statutory cause of action should i. i y implied is a question of legislative intent.” Horowitz v. Plantation Gen. Hosp. L zp, 959 So. 2d 176, 182 (Fla. 2007). See also QBE Ins. Corp. v. Chalfonte Condo. ent Ass it, Inc., 94 So. 3d 541, 551 (Fla. 2012) (“Since Murthy, we have reaffmred ite sa e that whether a statutory cause of action should be judicially implied is a qtes f lative intent.”); Universal Prop. & Cas. Ins. Co. v. Loftus, 276 So. 3d 849, 851 D A 2019).¶

As is always the case when a court e s legislative intent analysis, the plain language of the statute is the starting, nding, point. See Horowitz, 959 So. 2d at 182. “When the statute is clear and courts will not look behind the statute’s plain language for legislative intent s to rules of statutory construction to ascertain intent” Loftus, 276 So. 3d at 851 hy th DCA 2019)Xquoting Daniels v. Fla. Dept ofHealth, 898 So. 2d 61, 64 (Fla. 20 ). “Ht wever, a single pad of a statute should not be read in isolation.” Id. “Instead, `all f statute must be read together in order to achieve a consistent whole.”’ Id. (quo F Longboat Key Beach Erosion Control Dist., 604 So. 2d 452, 455 (Fla. 1992)).¶

As The Post acknowledges, “there is a dearth of legislative history surrounding Section 90527 and the The Palm Beach Post was unable to locate any documents capturing any legislative intent regarding the possibility of a private right of action.” (Plaintiff’s Opposition to Defendant, Dave Aronberg, As State Attorney of Palm Beach County, Florida’s Motion to Dismiss Count II of the First Amended Complaint at page 14). While the lack of any legislative¶

history indicating an intent to create a private right of action is telling, it is not dispositive as the plain language of the section 90527 is clear an unambiguous and, therefore, controls. Horowitz, 959 So, 2d at 182.¶

Examining the plain language of section 90527 jja its entirety which requires the Court to look at more than just the “furthering justice” provision of section 90527(1Xc) relied on by The Post, it is clear that the intent of the Legislature in passing section 90527 was to limit, not facilitate, disclosure of grand jury records. In no uncertain tents, the Legislature ed that no “person appearing before the grand jury” may “disclose” testimony or ev p ented except when “required by a court” under certain limited circunstances. ( , Fla. Stat. In solidifying that its intent was to prohibit disclosure without court pe ssio t Legislature provided that disclosure without a court order is a criminal off c) § 9 27(4), Fla. Stat. Therefore, to the extent section 90527 could be read as s duty on the State Attorney and Clerk, the duty imposed is one of secrecy, not d’¶

ln sum, there is nothing in the text of sec tre\ ’ 9 7 from which one can deduce tint the Legislature contemplated a member of the w cause of action to compel the State to the contrary, section 90527 p pleaded by The Post, they hay or one else for that matter, having a private Clerk to disclose grand jury records. Indeed, State Attorney and the Clerk (assuming that, as cunrnts) from disclosing the documents without first being ordered to do so b urtin Reading section 90527 as creating a private cause of action against the teAtt y and Clerk is, therefore, not only unsupported by the language of section 905 is ctually paradoxical to its plain language of the statute. As such, this Court lacks the construe the unambiguous language of section 90527 in a way that would extend its press terms and create a cause of action where none exists. “To do so would be an abrogation of legislative power.”Horowilz. 959 So. 2d 176. 182 (miming Holly v. Auld. 450 So 2d 217. 219 (Fla. 198411¶

Conclusion¶

Based on the foregoing, the Court finds Count 11 of The Post’s First Amended Complaint must be dismissed with prejudice as it pursues a nonexistent cause of action under section¶

90527. In arriving at this conclusion, the Court does not suggest The Post has no available mechanism to obtain a court order granting it access to the grand jury proceedings. The Court also does not render any opinion as to whether releasing these records is appropriate for the purpose of “furthering justice” within the meaning of section 90527. Rather, the Court’s dismissal of Count II is necessitated by precedent and the simple fact that a civil lawsuit against the State Attorney and Clerk under section 90527 is not the proper mechanism for The Post to pursue its goal.

Therefore, it is hereby¶

ORDERED AND ADJUDGED that Dave Ainnberg, as State Att alm Beach County’s and Sharon R. Bock, as Clerk & Comptroller of Palm Beac s, respective Motions to Dismiss Count Hof CA Florida Holdings, LLC, P r o the Palm Beach Post’s First Amended Complaint are GRANTED and Count II o hereby DISMISSED with prejudice. first Attended Complaint is¶

DONE AND ORDERED, in West Pa of June, 2020. alm Beach County, Florida this 8th day¶

01 MOOS ) eittii j 14f krIstal Maim Chief 39 gip-

¶

50-2019-CA-014681-XXXX-MB 0608,2020 Krtsta Marx Chief Judge¶

COPES TO:¶

No Address Available No E-mail Address Available¶

961687 GATEWAY BLVD doug.wyler@comcastnet SUITE 201-I FERNANDINA BEACH, FL¶

In The n•tes that, if there was a court order dkecting the State Attorney or the Clerk to disclose re rds and the State Attorney or the Clerk refined, the remedy for disobeying a court order is contempt or, in some instances, a mandamus proceedings — not a civil lawsuk.¶

MICHAEL GRYGIEL¶

MICHAEL J. GRYGIEL¶

NICOLE R. FINGERHUT¶

32034¶

54 STATE STREET 6TH FLOOR ALBANY, NY 12207¶

No Address Available¶

POST OFFICE BOX 229 WEST PALM BEACH, FL 33401¶

NINA D. BOYAJIAN No Address Available¶

NINA D. BOYAJIAN 1840 CENTURY PARK EAST SUITE 1900 LOS ANGELES, CA 90067¶

STEPHEN A. 5100 TOWN CENTER CIR BOCA BATON, FL 3¶

MENDELSOHN, ESQ SUITE 400¶

tiff¶

GRYGIELM@GTIAW.COM¶

grygielm@gtlaw.com¶

CLERK E-¶

SERVICE@MYPALMBEACH CLERK.COM nfingerhia@mypalmbeachclerk corn¶

boyajiann(a)gtla¶

riveraal@gt m¶

No E-ma’ Available¶

elsohns@gtlaw.com a)gtlaw.com service@gtlaw.com¶

Def.Ex.A-8¶

SCHOLZ & WYLER, LLC.¶

Tilt LAW orricts Or a ASSOCIATES. PA. ARTHUR I.¶

A LIMITED L MU TY COMPANY OF PROFESSIONAL ASSOCIATIONS¶

961007 GATEWAY BLVD.. SUITE aO1-1¶

FERNANDINA BRACK FLORIDA 32034¶

TELEPHONE (904) 261.3693¶

FAX NO. (904) 261.7679¶

VIA ELECTRONIC & U.S. MAIL¶

Greenburg Traurig, PA.¶

RE: CA Florida Holdings, LLC v. Dave Aronbe Palm Beach County, Case No.: 2019-CA ,.d¶

As you are aware our firm represents the intere County, Florida, in the above referenced dismissal of your First Amended Complai is made pursuant to section 57.105, Fl Aronberg, as State Attorney of Palm Beach tirpose of this letter is to demand the voluntary omplaint”), dated January 17, 2020. This demand¶

As you know, Section 57¶

RICHARD J. SCHOLZ. P.A. RICHARD J. SCHOLZ¶

DOUGLASA. WYLER, P.A. DOUGLAS A. WYLER¶

• (1) Upon the court’s e or motion of any party, the court shall award a reasonable a mey’s ee, including prejudgment interest, to be paid to the prevailing p ual amounts by the losing party and the losing party’s attorney on any im o efense at any time during a civil proceeding or action in which the Inds that the losing party or the losing party’s attorney knew or should that a claim or defense when initially presented to the court or at any ore trial: Was not supported by the material facts necessary to establish the claim or defense; or
  • b. Would not be supported by the application of then-existing law to those material facts.

Today, Judge Marx granted, with prejudice, Defendant Aronberg’s Motion to Dismiss Count II of the Plaintiff’s Complaint. Pursuant to the Court’s ruling, the Plaintiff’s only remaining cause of action consists of Count I, for Declaratory Relief. Accordingly, we believe that the Complaint filed herein and its sole remaining Count for Declaratory Relief is not supported by the material facts necessary to establish the claims asserted, and that your claims are not supported by the application of current law to said material facts.¶

First and foremost, the Complaint is not supported by the material facts necessary to establish the claims asserted because neither Defendant Aronberg, nor The Office of the State Attorney for the Fifteenth Judicial Circuit is in custody or control of the 2006 grand jury materials sought therein. Simply put, the declaratory relief sought by the Plaintiff, seeks records from my client that are impossible for him or his office to produce. Accordingly, Defendant Aronberg is not a proper party to this action because no matter what, he and his office do not have possession, custody, or control of the requested materials.¶

In addition to the foregoing material facts that negate the claims asserted in the Complaint, your claims are also not supported by the application of current law. Specifically, your action for declaratory relief fails based on the clear, unambiguous statutory language found in Section 905.27(2), Florida Statutes, which states:¶

When such disclosure is ordered by a court pursuant to subsection (1) for use in a civil case, it may be disclosed to all parties to the case and to their attorneys and by the latter to their legal associates and employees. However, the grand jury testimony afforded such persons by the court can only be used in the defense or prosecution of the civil or criminal case and for no other purpose whatsoever.¶

Moreover, even if the Plaintiff were to prevail in the declaratory action, Mr. Aronberg would be unable to comply with any court order granting disclosure of the requested documents because neither Mr. Aronberg nor The Office of the State Attorney for the Fifteenth Judicial Circuit have possession, custody, or control of the 2006 Epstein grand jury records.¶

Based on the foregoing, if the Complaint is not dismissed within 21 days of the service of this letter, the enclosed Motion for Attorney’s Fees will be filed and we will seek as sanctions, from your client and your firm, recovery of the legal expenses incurred in defending this frivolous action.¶

Please govern yourself accordingly,¶

Encl.: Defendant’s Motion for Attorneys’ Fees¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida.¶

DEFENDANT, DAVE ARONBERG’S M R ATTORNEYS’ FEES¶

CASE NO.: 19-CA-O14681¶

g AtIC¶

Defendant, DAVE ARONBERG, as Staff of Palm Beach County, Florida, by and through the undersigned attorneys, move , pursuant to Florida Statutes, Section 57.105, to award him reasonable attorneys’ e defense of Plaintiff’s First Amended Complaint, (the “Complaint”), and as gro r, would show that on June 8, 2020, Plaintiff was served {sup}acopy of this Motion, togeth a letter from the undersigned attorney, in accordance with subsection (4) of the abo tute, demanding dismissal of the Complaint, at least 21 days prior to the filing o is on. In said letter, Defendant’s attorney advised Plaintiff of the facts which establi mplaint is without support of the facts or the law.¶

REFORE, Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, respectfully requests the Court enter an Order requiring Plaintiff and Plaintiff’s attorneys to pay said Defendant’s attorneys’ fees incurred herein after service of this Motion.¶

CERTIFICATE OF SERVICE¶

I hereby certify that on this day , 2020, the foregoing was electronically filed via the Florida E-File Portal for electronic service on the parties of record herein.¶

A/ Douglas A. Wyler¶

Arthur I.W Esquire Ha. Bar No.: 108249 Richard J. Scholz, E Fla. Bar No.: 0021 tic , Douglas A. Wyl Fla. Bar No.: 1 961687 Gate d., Suite 201-I Fernan4jflach,Florida 32034 9 zlaw@comcast.net¶

ttorneys for Defendant¶

Def.Ex.A-9¶

Stephen A. Mendelsohn Tel 561.955.7629 FOX 561.659.9119 mendelsohns@gtlaw.com¶

Douglas A. Wyler Jacob Scholz & Wyler, LLC 961687 Gateway Blvd. Suite 201-I Fernandina Beach, Fl. 32034¶

Re: CA Florida Holdings, LLC v. Dave Arenberg el at. Case No. 2019-CA-014681¶

Dear Mr. Wyler:¶

We are in receipt of your letter of June 8, 2020 with yeti ed Fla. Stat. section 57.105 motion. In your letter and your proposed motion, you assert that Florida Holdings, LLC and the law firm of Greenberg Tinting, P.A. should be li ble (the attorneys’ fees to be incurred by State Attorney Aronberg after the date of your I Yo letter cites to Fla. Stat. sections 57.105(1) (a) and (b) for support. As shown below re t o basis for a Fla. Stat. section 57.105 motion, and we expect that if the State Attom make such a motion, the court should deny it.¶

Your letter omits a citation to s may not be awarded where reversal of existing law or the es a reasonable expectation 5(3). Subsection 57.105(3)(a) provides that sanctions good faith argument for the extension, modification or htnent of new law, as it is applied to the material facts, with ” We have such a good faith argument.¶

Contrary to your lysis df Fla. Stat. section 905.27, there are actually three instances where a court may ord t e se of grand jury materials. As we argue, the court may order release “in furtherance a jus ’ There are few cases in Florida reviewing this provision and its scope. It is an open and v estion as to whether the court may order release of grand jury transcripts to the med1under both the statute and the First Amendment to the US Constitution in furtherance of justice. the statutory language you cite refers to instances where a person is seeking grand jury materials for use in a civil or in a criminal case. In these limited situations, the statute allows for such uses and for no other reason. However, the statute does not state, as you assert, that where the media seeks grand jury materials based upon its constitutional standing, which the Circuit Court acknowledged at the June 2, 2020 hearing includes The Palm Beach Post, that the statutory¶

Greenberg Tranrig, P.A. I Attorneys at Law¶

5100 Tovm Center Circle I Sure 400 I Boca Raton, Florida 33486 I T +1 561.955.7600 I F 561.338.7099¶

Albany. Amsterdam. Atlanta. Austin. Berlin: Boca Raton. Boston. Chicago. Dallas. Delaware. Denver. Fon Lauderdale. Houston. Las Vegas. London’. Los Angeles. Mexico City: Miami. Milan; Minneapolis. Nashville. New Jersey. New York. Northern Virginia. Orange Comity. Orlando. Philadelphia. Phoenix. Sacramento. San Francisco. Seoul: Shanghai. Silicon Valley. Tallahassee. Tampa. Tel Aviv:Mks*: Warsaw: Washington, D.C. West Palm Beads. Westchester County.¶

use limitation you cite applies. No reported Florida case has addressed this issue and there is a good faith basis for our view of Fla. Stat. section 905.27¶

Your letter also argues that sanctions are applicable because the State Attorney has alleged that it does not possess the Jeffrey Epstein grand jury transcripts. This allegation is also contained in the State Attorney’s Answer. Assuming that the State Attorney does not currently e physical possession of the Epstein grand jury materials, which has yet to be demonstrated, s s not end the matter. The State Attorney was named as a party not simply as a custo nd jury records. The State Attorney was named in his official capacity as his office as its primary interest the protection of its grand jury system.” [Italics in original.] In re rand Jury Proceedings, 832 F. 3d 554, 559 (11th Circuit 1987). In that case, the US petitioned ate judge to order the State Attorney to turn over grand jury transcripts. The State Attome argtt inst their release citing to Fla. Stat. section 905.27. Later, a federal grand jury subp a the Broward County State Attorney for delivery of state grand jury testimony. The d tate Attorney advised the federal court that it would produce the transcripts, thereby rating that while it may not have physical possession of the materials, he had legal autl o obtain and deliver them. It should also be noted that the State Attorney moved t e subpoena arguing that it was unlawful under Florida law and Fla. Stat. section 9 case indicates that where one seeks grand jury materials, the relevant State Attorney, sary patty in order to protect the grand jury that the Office of State Attorney supervis n o ake arguments, if need be, against release of the grand jury materials. These are some f same reasons why the State Attorney was named in this case.¶

Also, assuming the State Attome ve physical possession of the grand jury materials, there is nothing in Florida law its the State Attorney from requesting that the Clerk provide copies to the State Atto y. r . pter 905, Fla. Stats. does not contain a prohibition against a State Attorney demand t the erk grant his office access to grand jury materials, even after a criminal case has conclu n information and belief, the Clerk’s office maintains a log that tracks release of materials to the State Attorney upon its request. Please confirm whether the Stat orney has accessed grand jury materials from the Clerk’s office in other instances or never done so. If the Clerk has such a log, then its contents should be discoverab ect to Florida Public records laws.¶

Correspondence to Douglas A. Wyler¶

Page 3¶

For these reasons, we decline your Fla. Stat. section 57.105 demand that the case be dismissed against the Office of the State Attorney. We expect that your demand will be withdrawn.¶

Thank you,¶

Very truly yours,¶

/s/Stephen Mendelsohn¶

Stephen Mendelsohn¶

SAM:ls¶

ACTIVE 51081659v1¶

Def.Ex.A-10¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida.¶

DEFENDANT. DAVE ARONBERG’S MO ATTORNEYS’ FEES¶

Defendant, DAVE ARONBERG, as State \ey f Palm Beach County, Florida, by and through the undersigned attorneys, moves t urt, ursuant to Florida Statutes, Section 57.105, to award him reasonable attorneys’ defense of Plaintiff’s First Amended Complaint, (the “Complaint”), and as gro tire , would show that on June 8, 2020, Plaintiff was served a copy of this Motion, together rr • a letter from the undersigned attorney, in accordance with subsection (4) of th b v tute, demanding dismissal of the Complaint, at least 21 days prior to the filing of ‘i on. In said letter, Defendant’s attorney advised Plaintiff of the facts which establish mplaint is without support of the facts or the law.¶

WW REFORE, Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, respectfully requests the Court enter an Order requiring Plaintiff and Plaintiff’s attorneys to pay said Defendant’s attorneys’ fees incurred herein after service of this Motion.¶

CO SA¶

CERTIFICATE OF SERVICE¶

I hereby certify that on this 1st day July, 2020, the foregoing was electronically filed via the Florida E-File Portal for electronic service on the parties of record herein.¶

Arthur I. = Esquire FM. Bar No.: 108249 Richard J. Scholz, Esqui Fla. Bar No.: 002126 Douglas A. Wyle Fla. Bar No.: 11 961687 Gateway •., Suite 201-1 Fernandi h, Florida 32034 (904) 61-7 holZlaw@comcast.net¶

neys for Defendant, Dave Aron berg¶

Def.Ex.A-11¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida.¶

O ISA¶

DEFENDANT DAVE ARONBERG’S MOTION F01(9)1M RY FINAL JUDGMENT AND MEMORANDUM OF LAW IN, 1 jyRT THEREOF¶

Defendant DAVE ARONBERG, as S J\ tc AStic tto>ey of Palm Beach County, Florida, (hereinafter “Aronberg”), by and through cou wand pursuant to Rule 1.510 Florida Rules of Civil Procedure, moves for entry of su judgment in his favor as to the remaining claim for Declaratory Relief in Plaintiff’s F” cd Complaint’, and in support thereof states as follows: C¶

STATE 4 OF THE UNDISPUTED FACTS¶

The following is a s there is no germ nt of facts material to this motion for summary judgment as to which¶

• January
• 2. t I of Plaintiff’s First Amended Complaint, (hereinafter “Complaint”), filed seeks Declaratory Relief pursuant to Section 86.011, Florida Statutes. Specifically, Plaintiff’s Count I socks a court order”declaring that pursuant to Fla. Stat. Section 905.27(1Xe) and the Court’s inherent authority, The Palm Beach Pas, may gain access to the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury” that

On June 8, 2020, this Court entered its Order Granting Defendants Motion to Dismiss Count II of the Plaintiffs First Amended Complaint with Prejudice.¶

was empancled during the first Jeffrey Epstein, (hereinafter “Epstein”), sex abuse investigation, (hereinafter “Requested Materials”). Complaint pg. 20¶

3. Plaintiff secics to use the Requested Materials “for the purpose of informing the public.” Id.

4. Plaintiff seeks the above-referenced declaratory relief, including copies of the Requested Materials, from both Arenberg, as State Attorney of Palm Beach Cou lorida, and Defendant, Sharon R. Bock, as Clerk and Comptroller of Palm Beach County, F ledA (hereinafter , the 0 “Clerk”).

5. Neither Arenberg nor the Office of the State Attorney for Fjkccnth Judicial Circuit, (“SAO”), is in control, custody, or possession of the Request as Exhibit “A”. Arenberg Aff. 13, attached

6. Arenberg or the SAO to produce. Exhibit “A The declaratory relief sought by t ‘ICt AS’ seeks - materials that arc impossible for \

7. Neither Arenberg nor as the legal authority to obtain and/or deliver the Requested Materials. Exhibit “A” C se).

8. The undisputed f t forth above in paragraphs 6-7 have been repeatedly made evident by Arenberg to the tff and the public through not only the pleadings and correspondence in this matter, but ugh an office press release and Arenberg’s public social media accounts. Exhibit”

either Arenberg nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal ease has concluded. Exhibit “A” 1 7.¶

10. During Aronbcrg’s administration, neither he nor his office has accessed grand jury materials from the Clerk’s office in this or any other instance. Exhibit “A” 1 8.

11. As provided in section 905.17(1), Florida Statutes (2020), the Clerk has sole custody and possession of the Requested Materials, which can only be released by the Clerk pursuant to an order of the Court. Exhibit “A” 1 9.

MEMORANDUM OF LAW¶

I. Legal Standard Governing Motions For Summary Judgment¶

“The judgment sought shall be rendered forthwith if the pleadings, dcposi answers to interrogatories, and admissions on file together with the affidavits, if any, show is no genuine issue of material fact and that the moving party is entitled to a judgmen ma r of law.- Rule 1.510, Fla. R. Civ. P. It is appropriate to resolve a declaratory action on a ary judgment when, as here, the decree seeks a legal interpretation of a statute. Rahi I Discoveries, Ltd., LLC, 252 So. 3d 804 (Fla. 5th DCA 2018).¶

IL The Requested Materials Can Only Be Order \sed y The Clerk Pursuant To A Court¶

Notably, neither Aronbcrg nor the, e tyisivcontrol, custody, or possession of the Requested uant to Section 905.27(1)(c), Florida Statutes and the a court order declaring that Aronbcrg provide copies of the Materials. Exhibit “A” 1 3. None Court’s inherent authority, Plain Requested Materials to Thvi c lm orBeach Post for the purpose of informing the public. Complaint pg. 20-21. Plaintiff i king telaratory relief alleging its entitlement to the Requested Materials pursuant to dr¢ rc g justice” exception to grand jury secrecy. § 905.27, Fla. Stat. (2020).¶

nging its declaratory relief claim pursuant to Section 905.27, Florida Statutes, “a single part df a statute should not be read in isolation.” Universal Prop. & Cat Ins. Co. v. Loftus, 276 So. 3d 849, 851 (Fla. 4th DCA 2019). “Instead, `all parts of a statute must be read together in order to achieve a consistent whole.’” Id. (quoting Forsythe v. Longboat Key Beach Erosion Control Dist, 604 So. 2d 452, 455 (Fla. 1992).¶

Section 905.17(1), Florida Statutes makes clear that grand jury records, like the Requested Materials in this matter, arc to be maintained with the Clerk, and can only be released by the Clerk pursuant to a court order. To wit¶

The stenographic records, notes, and transcriptions made by the court reporter or stenographer shall be filed with the clerk who shall keep them in a sealed container not subject to public inspection. The notes, records, and transcriptions are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. 1 of the late Constitution and shall be released by the clerk only on request by a grand ju by the grand juty or on order of the court pursuant to s. 905.27.¶

Section 905.17(1), Florida Statutes (2020). (Emphasis added.)¶

Text, context, and purpose arc the ordinary tools used for disco tory meaning, with the overarching principle being “that judges lack the power to e an unambiguous statute in a way which would extend, modify, or limit its express terms it ble and obvious implications. To do so would be an abrogation of legislative powcr. , the plain language of section 905.17 is clear and unambiguous and, therefore, contro witz v. Plantation Gen. Hosp. Ltd. P ‘ship, 959 So. 2d 176, 182 (Fla. 2007).¶

Accordingly, based on the cl at *guous statutory language set forth in section 905.17(1), only the Clerk, not the State At rncy, ay release grand jury materials pursuant to an order of the court. Thus, it is apparent tit iiir Aronberg and the SAO lack the legal authority to obtain and deliver the Requested Matcria hib t “A” 1 5. Likewise, the declaratory relief sought by the Plaintiff socks materials that o ble for Aronberg or the SAO to produce. Exhibit “A” 14. Again, the Clerk has sol d possession of the Requested Materials. These facts have been repeatedly made evident by onbcrg to the Plaintiff and the public through not only the pleadings and correspondence in this matter, but also through an office press release and Aronbcrg’s public social media accounts. Exhibit “A” 1 6.¶

Although the above-referenced statutory authority illuminates the fact that only the Clerk may release grand jury records like the Requested Materials herein, it remains significant to note that neither¶

Aronbcrg nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded. Exhibit “A” 1 7. Hence, during Aronbcrg’s administration, neither he nor his office has accessed grand jury materials from the Clerk’s office in this or any other instance. Exhibit “A” 1 8.¶

III. Conclusion¶

The ultimate facts underlying the lawsuit arc not in dispute. The Court is fully owered to dispose of this matter based on application of the undisputed facts to the plain 1 g iagc of Section 905.17, Florida Statutes, which renders the Plaintiff’s action for declarato impossibility for Aronbcrg to perfonn and that must be denied as a matter of law.¶

WHEREFORE, Defendant, DAVE ARONBERG. as State Attorney of Palm Beach County, Florida, respectfully requests that this motion be granted and that summary final judgment be entered in his favor consistent with this motion, and here cctftlly requests that this Court dismiss the Complaint with prejudice and grant such othc4f, uding attorney’s fees and costs, as this Court deems fit and proper under the circums¶

Il CATE OF SERVICE¶

I HEREBY CERTIFY this 18th day of August, 2020, a copy of the foregoing has been electronically filed with the p o rda E-File Portal for c-service on all parties of record herein.¶

AS¶

’…)¶

Arthur I. Esq. Fla. Bar No.: 10249 Richard J. Scholz, Esq. Fla. Bar No.: 0021261 Douglas A. Wylcr, Esq. Fla. Bar No.: 119979 961687 Gateway Blvd., Suite 201-I Fernandina Beach, Florida 32034 (904) 261-3693 (904) 261-7879 Fax Primary: jacobsscholzbw@comcast.nct¶

General Counsel for the Florida Prosecuting Attorney’s Association¶

EXHIBIT “A”¶

EXHIBIT “A”¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida.¶

VIT OF D YID AR¶

Before rnc, the undersigned authority personally appal ASDA VID ARONBERG, being first duly sworn, states:¶

• I. My name is David (Dave) Atbn add I am the State Attorney for the Fifteenth Judicial Circuit/Palm Beach County, Florida, si 13, aDefendant in the above-captioned matter.
• 2. Plaintiff is seeking decla relief, pursuant to Fla. Stat. 905.21(1)(c) and the Court’s inherent authority, allowing Plaintiff access to the testimony, minutes, and other evidence presented in {sup}2006 to the Palm Beach County grand jury, (the “Requested Materials”), and to use those materials for the purpose of informing the public.
• 3. Despite Plaintiff’s above-described action for declaratory relief, neither myself nor the Office of the State Attorney for the Fifteenth Judicial Circuit, (“SAO”), is in control, custody, or possession of the Rapes Materials. As such, the declaratory relief sought by the Plaintiff seeks materials that are impossible y office to produce. To be clear, neither myself nor the SAO has the legal authority to obtain and deliver the Requested Materials.
• 6. I have repeatedly made these facts evident to the Plaintiff and the public through not only the pleadings and correspondence in this matter, but also through an office press release and my public social media accounts.

7. Despite the contentions of Plaintiff, neither myself nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded.

8. Moreover, during my administration, neither myself nor my office has accessed grand jury materials from the Clerk’s office in this or any other instance.

9. As provided in section 905.17(1), Florida Statutes (2020), the Clerk has sole custody and possession of the Requested Materials, which can only be released by the Clerk pursuant to an order of the Court.

FURTHER AFFIANT SAYETH NAUGHT.¶

Sworn to and subscribed before me this 36 C personally known’ to me or has shown 020, by DAVID ARONBERG, who is as personal identification.¶

tt iss-deoe, st t Public¶

Notary’s Stamp or Seal,.,, LATOSIMLOWE4OCCE¶

Caledoil 414 ICUS Elan My aat iris miliestent•¶

Def.Ex.A-12¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida.¶

VIT OF D YID AR¶

Before rnc, the undersigned authority personally appal ASDA VID ARONBERG, being first duly sworn, states:¶

• I. My name is David (Dave) Atbn add I am the State Attorney for the Fifteenth Judicial Circuit/Palm Beach County, Florida, si 13, aDefendant in the above-captioned matter.
• 2. Plaintiff is seeking decla relief, pursuant to Fla. Stat. 905.21(1)(c) and the Court’s inherent authority, allowing Plaintiff access to the testimony, minutes, and other evidence presented in {sup}2006 to the Palm Beach County grand jury, (the “Requested Materials”), and to use those materials for the purpose of informing the public.
• 3. Despite Plaintiff’s above-described action for declaratory relief, neither myself nor the Office of the State Attorney for the Fifteenth Judicial Circuit, (“SAO”), is in control, custody, or possession of the Rapes Materials. As such, the declaratory relief sought by the Plaintiff seeks materials that are impossible y office to produce. To be clear, neither myself nor the SAO has the legal authority to obtain and deliver the Requested Materials.
• 6. I have repeatedly made these facts evident to the Plaintiff and the public through not only the pleadings and correspondence in this matter, but also through an office press release and my public social media accounts.

7. Despite the contentions of Plaintiff, neither myself nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded.

8. Moreover, during my administration, neither myself nor my office has accessed grand jury materials from the Clerk’s office in this or any other instance.

9. As provided in section 905.17(1), Florida Statutes (2020), the Clerk has sole custody and possession of the Requested Materials, which can only be released by the Clerk pursuant to an order of the Court.

FURTHER AFFIANT SAYETH NAUGHT.¶

Sworn to and subscribed before me this 36 C personally known’ to me or has shown 020, by DAVID ARONBERG, who is as personal identification.¶

tt iss-deoe, st t Public¶

Notary’s Stamp or Seal,.,, LATOSIMLOWE4OCCE¶

Caledoil 414 ICUS Elan My aat iris miliestent•¶

Def.Ex.A-13¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida,¶

CASE NO.: 50-2019-CA-0144581-XXXX-MB¶

PLAINTIFF CA HOLDIN NOTICE OF DROPPING STATE ATT AVE ARONBERG¶

Plaintiff, CA I IOLDINGS, LLC, pursuant to Fla. 50(6), hereby notifies the parties that it has dropped State Attorney, Dave Aronber ( ic ro above case.¶

* Respectfully submitted,¶

Attorneys for CA Florida Holdings, LLC. Publisher of The Palm Beach Post¶

401 East Las Olas Boulevard Suite 2000¶

Boca Raton, Florida 33486¶

Telephone: (561) 955-7629¶

Facsimile: (561) 338-7099¶

By: ZilSteMen A. Mendelsohn¶

Florida Bar No. 849324¶

mendelsohnsOgthmcom¶

smithkrivtlaw.com¶

FLServicera)gtlaw.com¶

By: /s/ Michael JGrygiel MICHAEL .1 GRYGIEL (Admitted Pro Hac Vice) 54 State St., 6th Floor Albany, New York 12207 Telephone: (518) 689-1400 Facsimile: (518) 689-1499 grygielm@gtlaw.com¶

By: /s/ Nina D. Boyajian NINA D. BOYAJIAN (Admitted Pro Hoc Vice) 1840 Century Park East, Sui Los Angeles California Telephone: (310) 586-7 Facsimile: (310) 586-7 o¶

CERTIFICATE 0¶

I HEREBY CERTIFY that on this 21” foregoing has been filed with the Clerk of will send a notice of electronic servi October, 2020, a true and correct copy of the urt Jsing the State of Florida e-filing system, which riles of record herein¶

ACTIVE 533173414¶

/s/ Stephen A. Mendelsohn STEPHEN A. MENDELSOHN¶

Def.Ex.A-14¶

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. 444’ BOCK, as Clerk and Comptroller of Palm (Y Beach County, Florida.¶

C 1¶

/¶

DEFENDANT DAVE ARONBERG’S AMENDED It i(v OR ATTORNEYS’ FEES¶

Defendant, DAVE ARONBERG, as State A At An S4, (Palm Beach County, Florida, by and through the undersigned counsel, hereby mov ( s 11%h ioi gi ” cable Court, pursuant to Rule 1.525, Fla. R. Civ. P. to enter an award of attom ’ f ‘n his favor against Plaintiff, CA FLORIDA HOLDINGS, LLC, publisher of BEACH POST, and in support thereof states the following: C¶

BATOR AWARDING ATTORNEYS’ FEES¶

1. O vem r 14, 2019, CA FLORIDA HOLDINGS, LLC, publisher of the PALM BEACH PO aintiff’) filed a complaint against DAVE ARONBERG, as State Attorney of Palm unty, Florida (the “State Attorney” or “Defendant Aronberg”) and SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida (the “Clerk”). The basis of the action was asking the Court to order the State Attorney and the Clerk to disclose the 2006 Jeffrey Epstein grand jury materials, (the “Requested Materials”), pursuant to § 905.27(1) Fla. Stat.

2. On December 6, 2019, the State Attorney filed his Motion to Dismiss, then on December 13, 2019, the Clerk also filed a Motion to Dismiss. In response, Plaintiff filed its First Amended Complaint on January 17, 2020, which in addition to its original claim under § 905.27 Fla. Stat. (Count II) added a claim for Declaratory Relief (Count I) that sought an order declaring that the State Attorney and the Clerk disclose the Requested Materials to Plaintiff for the purpose Asic of informing the public.

3. On January 24, 2019, both the State Attorney and the Cle ‘s ir Answer to the First Amended Complaint and Motion to Dismiss Count 11 (” O t ion to Dismiss). Notably, the State Attorney’s Answer/Motion to Dismiss asse AV ‘ts t to attorneys’ fees for defending the action and requested such relief from the C c)

4. On June 8, 2020, the Court ente reSSs t d Granting Defendants Motions to Dismiss Count II of Plaintiff’s First Amended la with Prejudice (“Order”).

5. Immediately following t Order, on June 8, 2020, the State Attorney, through the undersigned counsel, miff with a demand pursuant to § 57.105 Fla. Stat., to voluntary dismiss/withdraw Amended Complaint and the claims against the State Attorney, along with a ’ for Attorneys’ Fees (“57.105 Demand”). See, Exhibit “A”. Specifically, ber of te Court’s Order only Count I of Plaintiff’s Amended Complaint remained, w ht Declaratory Relief under § 86.011, Fla. Stat.

ere, in properly serving his 57.105 Demand on Plaintiff, the State Attorney also properly put Plaintiff on notice that he would seek sanctions by filing the 57.105 Motion for Attorneys’ Fees if Plaintiff failed to dismiss the remainder of its First Amended Complaint within 21 days of service of the 57.105 Demand and Motion for Attorneys’ Fees.¶

7. On June 23, 2020, Plaintiff’s counsel sent a response to the 57.105 Demand refusing to withdraw the remainder of the First Amended Complaint. See, Exhibit “B”.

8. § 57.105, Florida Statutes states the following:

A motion by a party seeking sanctions under this section must be served but may not be filed with or presented to the court unless, within 21 days after service of the motion, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.¶

9. Accordingly, after receiving Plaintiff’s June 23, 2020, re refusing to withdraw the remainder of the First Amended Complaint and waiting th ‘site “21 days after service of the motion” the State Attorney’s Motion for Attom was filed with this Court on July 1, 2020. See, Exhibit “C”.

10. Thereafter, on August 18, 2020, the St y filed his Motion for Summary i a,\ Judgment (“Motion”) and proceeded, on October ct 0, to file a Motion to Set Hearing on the State Attorney’s Motion (“Motion to Set”) a t ame clear that there would be no resolution of this matter without the Court’s int

11. Nonetheless, lat e on the merits as to State Attorney otion, Plaintiff filed its Notice of Dropping the State Attorney C I) day, rather than setting and participating in a hearing (“Notice”) from the’ start as See, Exhibit “13”. As a consequence of filing its Notice, Plaintiff has effectivelyiygrde dmission that its allegations against the State Attorney have no basis in fact or la

1 12. “An essential distinction between a notice of dropping a party and a voluntary dismissal is that the former concludes the action as to the dropped party while the latter is generally utilized to conclude the action in its entirety.” Carter v. Lake County, 840 So. 2d 1153, 1155 (Fla. 5th DCA 2003).¶

13. Specifically, Plaintiff’s Notice states: “Plaintiff, [sic], pursuant to Fla. IL Civ. P.

1.250(b), hereby notifies the parties that it has dropped State Attorney, Dave Aronberg from the above case.Ӧ

14. Rule 1.250(b), Fla. R. Civ. P. states:

(b) Dropping Parties. Parties may be dropped by an adverse party in the manner provided for voluntary dismissal in rule 1.420(a)(1) subject to the exception ted in that rule. If notice of lis pendens has been filed in the action against a • o dropped, the notice of dismissal shall be recorded and cancels the of s pendens without the necessity of a court order. Parties may be drop der of court on its own initiative or the motion of any party at any sta ( k e on on such terms as are just.¶

15. Rule 1.420(aX1), Fla. R. Civ. P., Voluntary Distyissal states:

(1) By Parties. Except in actions in which prope n seized or is in the custody of the court, an action, a claim, or an action or claim may be dismissed by plaintiff without order of co ) f trial by serving, or during trial by stating on the record, a notice of • al any time before a hearing on motion for summary judgment, or if no t or if the motion is denied, before retirement of the jury in a case tried ea j y or before submission of a nonjury case to the court for decision, or (A) by ng a stipulation of dismissal signed by all current parties to the actio9J1nlessetherwise stated in the notice or stipulation, the dismissal is without prejdice. except that a notice of dismissal operates as an adjudication on the mer wheiksetved by a plaintiff who has once dismissed in any court an action bas on 4Pincluding the same claim.¶

16. Notably, ” 1.250(b) expressly incorporates the procedural aspects of Florida Rule of Civil Pro~4I. 0(aX1) governing voluntary dismissal by providing that parties may be dropped manner provided for voluntary dismissal in rule 1.420(aX1) subject to the excep in that rule.” Siboni v. 52 So. 3d 779, 780 (Fla. 5th DCA 2010).

17. Likewise, because Rule 1.250(b) specifies that a party is dropped “in the manner provided for voluntary dismissal in Rule 1.420(a)(1), the Siboni court concluded that “the manner” includes the same entitlement to costs and attorney’s fees which would have been enjoyed had the dismissal occurred entirely under Rule 1.420(a)(1). Id. at 781.

18. Accordingly, the Siboni court held that a “party dropped from litigation under rule 1.250(b) is subject to the time limitation contained in rule 1.525 governing service of a motion seeking a judgment for costs and attorney’s fees.” Id.

19. Although Plaintiff filed its Notice the claims asserted by Plaintiff have been, since the filing of its initial complaint, completely without support of the facts or the law. At their very core, all of Plaintiff’s claims are based on the presumption that the State Attorney to disclose the Requested Materials. Nonetheless, Section 905.17(1), FloriCi that Plaintiffs Requested Materials can only be released by the Clerk authority makes clear a court order.

The stenographic records, notes, and transcriptions ma stenographer shall be filed with the clerk who shall k not subject to public inspection. The notes, r confidential and exempt from the provisions of A14/. the State Constitution and shall be released h e jury for use by the grand jury or on order ourt reporter or in a sealed container d transcriptions are ) and s. 24(a), Art. I of only on request by a grand co t pursuant to s. 905.27.¶

Section 905.17(1), Florida Statutes (2020).¶

20. The State Attorney h Requested Materials should the tion to the Clerk producing and disclosing the t an order to that effect, however, it is impossible for the State Attorney to comply the relief sought by Plaintiff in its remaining claim for declaratory relief as e do no possess or control the Requested Materials and is statutorily barred from any disc YYY

21. ough the State Attorney was prepared to make his argument to the Court, Plaintiff &Sided instead to drop him as a party. Despite Plaintiff’s decision, the Florida Rules of Civil Procedure and the above authorities make clear that because Rule 1.250 specifies that a party is dropped “in the manner provided for voluntary dismissal in Rule 1A20(a)(1),” it therefore “operates as an adjudication on the merits.” See, Siboni v. 52 So. 3d 779, 781 (Fla. 5th DCA 2010); Rule 1.420(a)(1) Fla. R. Civ. P.

22. Consequently, the filing of Plaintiff’s Notice triggered Rule 1.525, Fla. IL Civ. P. and therefore:

Under [§ 57.105], the legislature has expressed its unequivocal intent that where a party files a meritless claim, suit or appeal, the party who is wrongfully required to expend funds for attorneys’ fees is entitled to recoup those fees.¶

County Conservation Alliance v. County, 73 So. 3d 856, 857 (Fla. 1st DCA 2011) (finding that “Courts are not at liberty to disregard the legislative mandate that coutebfigll impose sanctions in cases without foundation in material fact or law. The word ” ’ 57.105, Fla. Stat., evidences the legislative intent to impose a mandatory penalty t s baseless claims, by placing a price tag on losing parties who engage in these a ‘on 57.105 expressly states courts “shall” assess attorney’s fees for bringing, it dismiss, baseless claims or defenses.”).¶

23. In fact, “Section 57.105(1) clepr y eplicitly confers upon the trial court the authority to award attorney’s fees to the nth g party upon the court’s initiative, if `the court finds that the losing party . .. kne r d have known that a claim or defense when initially presented to the court or at a efore trial . [w]as not supported by the material facts necessary to establish th Lir.- or defense.” 2010). v. MI 47 So. 3d 320, 324 (Fla. 2d DCA

24. Th mple fact of the matter is that Plaintiff failed to withdraw its Amended Comp st the State Attorney within the 21-day period provided for in section 57.105(4), and therefore the State Attorney was pen-flitted to file his 57.105 Motion for Attorneys’ Fees as sanctions.

25. Furthermore, based on the impossible nature of Plaintiff’s demand of the State Attorney, it was proper to demand withdrawal of Plaintiff’s remaining claim for declaratory relief the Court. and serve the 57.105 Motion for Attorneys’ Fees due to Plaintiff’s claim lacking any basis in fact or law. Again, neither the State Attorney nor his office has possession, custody or control of the Requested Materials. Likewise, the State Attorney has no objection, and never has had any objection, to the Clerk releasing the records sought by Plaintiff, as disclosure of the Requested Materials sought by Plaintiff lies solely within the providence of the Clerk pursuant to an order of A

26. Consequently, the State Attorney is entitled to recover AS’s ) reasonable attorneys’ fees in defending this suit by virtue of 57.105, Florida Sta

REASONABLENESS AND AMOUNT OF AT FEES¶

27. From the service of the 57.105 Demand to t this motion, the attorneys for the State Attorney have rendered 42.2 hours of leg S Sisin e r or a total amount of $18,275.00 in defending this action. See time sheets detail : e ount of hours by each timekeeper, the timekeeper’s e t hourly rate, and a descri ’ of s tasks done during those times, on attached Exhibit “E”. Of that amount, the ed has been paid $0.00 as the engagement with the State Attorney is on a pure con en fee basis. The undersigned expects to incur an additional 4.0 hours at $425.00 an h r preparing for and attending the hearing on attorneys’ fees. Thus, the total amount urly omeys’ fees the State Attorney is seeking is 46.2 hours for a total of e $19,975.00. ther set forth below, the State Attorney also seeks a multiplier of 2.0, which when akes the grand total attorneys’ fees as sanctions sought herein $39,950.00.

28. An Affidavit of Attorneys’ Fees is attached hereto as Exhibit “F”, which details and breaks down the attorneys’ fees sought herein.

29. The State Attorney would offer the following facts and arguments as they relate to the factors promulgated in Rule 4-1.5 of the Rules Regulating the Florida Bar and Florida Patient’s Compensation Fund v.IM, 472 So. 2d 1145 (Fla. 1985):

Factor	Facts and Arguments
(A) the time and labor required, the novelty, complexity, and difficulty of the questions involved, and the skill requisite to perform the legal service properly	The time involved by counsel was substantial, consuming nearly 75 hours of legal work. Moreover, the issues in controversy were novel and complex in that Plaintiff sought to create a new private statutory cause of action under Florida Statute § 905.27, implicated several 1st Amendment issues, and further sought declaratory relief pursuant to said Statute. Finally, this litigation has been ongoing for nearly a year and required skill and knowledge in these areas of the law.
(B) the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer	Because of the amount of time involved in this litigation and considering the relative small size of the firm representing the State Attorney, the undersigned attorneys were forced to turn away or delay representing other clients especially during critical stages of the litigation, due to time required in the instant matter.
(C) the fee, or rate of fee, customarily charged in the locality for legal services of a comparable or similar nature	The base fees consisting of $425.00/hour for Mr. Wyler’s services and $475.00/hour for Mr. [REDACTED]’ services are reasonable for lawyers in their respective communities possessing equal experience and skill.
(D) the significance of, or amount involved in, the subject matter of the representation, and the results obtained	The outcome of this case is of great public significance to the State of Florida as it pertains to the disclosure of grand jury records and the role of the State Attorney concerning such disclosure. Here, the results obtained were the maximum sought by Defendant Aronberg as he was dismissed from the case, albeit not within the time constraints of the safe-harbor provision within § 57.105, Fla. Stat.
(E) the time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client	There were not any extraordinary limitations imposed by the client, however, Defendant Aronberg expected and received zealous representation, with the desire that the case be dispensed of quickly and efficiently.
(F) the nature and length of the professional relationship with the client	As general counsel for the FPAA the undersigned counsel has represented Defendant Aronberg since the beginning of his tenure as State Attorney in civil matters throughout the State of Florida as well as matters before the Florida Legislature.

(G) the experience, reputation, diligence, and
ability of the lawyer or	of a media entity and lawyers from multiple states regarding the
lawyers performing the service and the skill, expertise, or efficiency of effort reflected in the actual providing of such services	release of information with a nationwide interest. Accordingly, the
(H) whether the fee is	The fee arrangement herein was entirely contin en wherein
fixed as to the amount or rate, then whether the client’s ability to pay	fixed or contingent, and, if obtaining a fee was conditioned upon prevailing a fining an order awarding fees.
rested to any significant degree on the outcome of	CO AS
the representation.	”ask

JUSTIFICATION FOR MU¶

30. Defendant Aronberg was able to pro ‘s litigation only if counsel would receive a court order awarding contingency As, s’ fees upon achievement of a successful outcome in this case. See, Exhibit “C”. en t s and the fact that counsel risked a total of 74.8 hours of work for no pay, of w ours is subject to the 57.105 Demand, Defendant Aronberg submits that multipf of would be appropriate in this case. Based upo

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