Notice of removal by Jeffrey Epstein in an accuser's civil suit, July 2008

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UNITED STATES DISTRICT COURT¶

SOUTHERN DISTRICT OF FLORIDA¶

08-80804-Civ-MARRA/JOHNSON¶

CASE NO.:¶

JANE DOE,¶

a/k/a JANE DOE #1,¶

Plaintiff,¶

VS.¶

JEFFREY EPSTEIN, and¶

Defendants.¶

NOTICE OF REMOVAL¶

In accordance with 28 U.S.C. §§ 1441, 1446, and 1332(a)(1), the defendants, Jeffrey Epstein, , and , hereby remove this action¹ from¶

Palm Beach County Circuit Court to the United States District Court for the Southern District of Florida, and respectfully state as follows:¶

Introduction¶

Six months ago, this plaintiff filed virtually the identical lawsuit in this Court. See Jane Doe #1 v. Epstein, Case No. 08–cv-80069-KAM (S.D. Fla. filed¶

1 Doe v. Epstein et al., Case No. 50 2008 CA 006596 XXXX MB (Fla. 15th Cir. Ct. filed Mar. 6, 2008).¶

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Jan. 24, 2008) (the “First Federal Action”). The First Federal Action named Jeffrey Epstein as the sole tortfeasor, made the identical operative allegations as the instant Amended Complaint, and demanded damages of $50 million. (The amount of the demand against Epstein is evidently the product of recent reports in the press that Epstein is wealthy.)¶

The First Federal Action was quickly followed by a series of substantially identical “Jane Doe” lawsuits, all filed by the same attorney in a three-month span. Compare Jane Doe #1 v. Epstein, Case No. 08–cv-80069-KAM (S.D. Fla. filed Jan. 24, 2008), with Jane Doe #2 v. Epstein, No. 08-CV-80119-KAM (S.D. Fla. filed Feb. 6, 2008) (asserting identical causes of action based on the same operative allegations), Jane Doe #3 v. Epstein, No. 08-CV-80232-KAM (S.D. Fla. filed Mar. 5, 2008) (same), Jane Doe #4. Epstein, No. 08-CV-80380-KAM (S.D. Fla. filed Apr. 14, 2008) (same), and Jane Doe #5 v. Epstein, No. 08-80381-CV-KAM (S.D. Fla. filed Apr. 14, 2008) (same).¶

On February 20, amid these filings, Jane Doe #1 was deposed in State of Florida v. Jeffrey Epstein, 502006CF009454AXXMB (Fla. 15th Cir. Ct., filed Jul. 19, 2006), a parallel state-court criminal action. During that deposition, she made numerous admissions that completely undermined the allegations against Epstein that she had pled in her complaint. A copy of her deposition, with names¶

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redacted, is attached hereto (Exhibit A). Two days later, counsel for Jane Doe #1 filed a notice of voluntary dismissal without prejudice in the First Federal Action.¶

See Doe #1 v. Epstein, Case No. 08-CV-80069-KAM, DE 9.¶

Two weeks later (March 6, 2008), having changed lawyers, Jane Doe #1 refiled her complaint in Florida Circuit Court as the instant case, adding two nominal defendants: Mr. Epstein’s personal secretary, and one of Jane Doe #1’s contemporaries. These defendants have nothing to do with the plaintiff’s case against Mr. Epstein, except that the presence of as a defendant in this new case, because she is a citizen of Florida (Am. Compl. § 4), would ostensibly prevent complete diversity.²¶

As discussed below, however, was named in the refiled lawsuit only to destroy diversity jurisdiction, and to prevent any application of 18 U.S.C. § 3509(k), a mandatory stay provision applicable in federal court .³ Haley¶

2 Defendant Kellen is a citizen of New York (Am. Compl. ¶ 5), and is therefore a nonresident defendant for purposes of diversity jurisdiction and removal.¶

$ ^{3} $ Section 3509(k) of Title 18, United States Code, provides as follows:¶

If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court.¶

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Lewis Tein ™¶

M. SENNY, D.C.A.R.¶

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Robson, besides having nothing to do with the substantive allegations of the plaintiff’s $50,000,000 case, is a community-college student with no assets whatever.¶

Even if this case purports to identify a new (and strategically nondiverse) tortfeasor, the refiled lawsuit is still directed against only one defendant—Jeffrey Epstein. Then and now, the operative allegations are the same: Jane Doe alleges that Jeffrey Epstein assaulted her “in violation of Chapter 800 of the Florida Statutes.”⁴ (Am. Compl. ¶ 18.) To sharpen her lawsuit, the plaintiff says she is seeking damages in connection with a “conspiracy” (Am. Compl. ¶ 22), a “plan” (Am. Compl. ¶ 32), a “scheme” (Am. Compl. ¶ 32), and an “enterprise” (Am. Compl. ¶ 32). These theories of liability, however, cannot be supported by the allegations in the Amended Complaint. Even if everything in the Amended Complaint were true, recovery against under any formulation, is impossible under Florida law.¶

Focusing on the real parties to this controversy, the instant case could have (once again) been brought here in federal court—just like the four other “Jane¶

18 U.S.C. § 3509(k) (emphasis added).¶

4 Chapter 800, Florida Statutes, is entitled, “Lewdness; Indecent Exposure.”¶

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Doe” lawsuits presently pending against Epstein, filed by this plaintiff’s former lawyer.¶

This case is properly removed to federal court, first, because there is complete diversity among the real parties-in-interest, second, because the amount in controversy exceeds $75,000, and third, because this Notice complies with the requirements of 28 U.S.C. § 1446.¶

Discussion¶

A. This case is properly removable because it falls within the original jurisdiction of the United States District Court for the Southern District of Florida.¶

A state-court case is properly removable when “it could have been brought, originally, in a federal district court.” Lincoln Prop. Co. v. Roche, 546 U.S. 81, 83 (2005) (citing 28 U.S.C. § 1441(a)). This case was originally filed in federal district court, and it is the same case today. Even though it was reconfigured to look like a state-court lawsuit, this action falls squarely within the bounds of the diversity-jurisdiction statute. See 28 U.S.C. § 1332(a)(1) (establishing that federal district courts have original jurisdiction over cases where the amount in controversy [is more than $75,000] … and [when the controversy] is between citizens of different states”).¶

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1. The amount in controversy in this action exceeds $75,000.¶

This case is a duplicate of the First Federal Lawsuit. In that case, Jane Doe pled “damages in excess of $50 million.” See Doe v. Epstein, No. 08-80069-KAM (S.D. Fla. filed Jan. 24, 2008) (Compl. ¶ 6). That allegation is now deleted and the Amended Complaint substitutes a generic prayer for relief. It is clear, however, that Jane Doe still seeks more than $75,000 in damages.¶

This case, precisely like the First Federal Action, seeks damages in connection with an alleged assault. (Am. Compl. ¶ 16–19.) The Amended Complaint alleges that Jane Doe “has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological, and emotional damages.” (Am. Compl. ¶ 19.) These are the identical injuries Jane Doe asserted in the First Federal Action, and are no less serious simply because pled under a state-court caption. Cf., e.g., Woods v. Southwest Airlines, Co., 523 F. Supp. 2d 812, 820 (N.D. Ill. 2007) (determining, in the context of diversity jurisdiction, that the $75,000 threshold had been satisfied, and “clearly [surpassed],” based on “the nature of the injuries alleged” in the complaint).¶

5 The Complaint seeks damages for “[more than] … $15,000.” (Am. Compl. 6.) This boilerplate is routinely used in Florida pleading practice to trigger application of section 26.012, Florida Statutes, the statute that establishes the jurisdictional amount required for filing in Florida’s Circuit Court (as opposed to County Court).¶

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M-305-5-3149¶

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To cement this point, the Eleventh Circuit Court of Appeals has said that “[w]hen [a] complaint does not claim a specific amount of damages, removal from state court is proper if it is facially apparent from the complaint that the amount in controversy exceeds the jurisdictional requirement.” Williams v. Best Buy Co., Inc., 269 F.3d 1316, 1319 (11th Cir. 2001). This case meets that standard, and satisfies the first prong of diversity jurisdiction.¶

2. There is complete diversity among the real parties to this controversy.¶

Diversity jurisdiction requires complete diversity. Carden v. Arkoma Assocs., 494 U.S. 185, 187 (1990) (“Since its enactment, we have interpreted the diversity statute to require ‘complete diversity’ of citizenship.” (citing Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 267–68 (1806))). See also MacGinnitie v. Hobbs Group, LLC, 420 F.3d 1234, 1239 (11th Cir. 2005) (stating that “[c]omplete diversity requires that no defendant in a diversity action be a citizen of the same state as any plaintiff”). As demonstrated below, this case satisfies the statutory requirement of complete diversity.¶

(a) Plaintiff Jane Doe is a citizen of Florida. (Am. Compl. ¶ 1.) $ ^{6} $¶

6 Jane Doe may, in fact, be a citizen of Georgia, not Florida, as she pled in her Amended Complaint. See New York Post, Jul. 1, 2008 (reporting that “On his way into court [for his state-court guilty plea on June 30], Epstein was served with a copy of a lawsuit by Doe, who has since moved to another state.”); Jane Doe Depo. at 77, 112 (indicating that¶

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(b) Defendant Jeffrey Epstein is a citizen of the U.S. Virgin Islands. $ ^{7} $¶

(c) Defendant is a citizen of New York. (Am. Compl. ¶ 5.)¶

3. Defendant was fraudulently joined to defeat diversity.

“A non-diverse defendant who is fraudulently joined does not defeat diversity because his citizenship is excluded from the diversity calculus.” Shenkar¶

v. Money Warehouse, Inc., No. 07-20634-CIV, 2007 WL 3023531, at *1 (S.D. Fla.¶

her twin sister lives with her mother in Georgia); Affidavit of at ¶ 1(stating, “I am the mother and natural guardian for Jane Doe #1” with jurat executed in Georgia before a Georgia notary), DE 4-2, Jane Doe No. 1 v. Epstein, Case No. 08-80069-Civ-Marra (1/29/08); Intervenor’s Complaint, at ¶ 2 (filed by “Jane Doe’s Mother” and stating that “Jane Doe’s Mother is a citizen and resident of the State of Georgia.”), DE 5-2, Jane Doe No. 1 v. Epstein, Case No. 08-80069-Civ-Marra (1/29/08); Petition for Removal of Disability of Non-Age, at ¶ 1, 2, 7 (filed “on behalf of S.D.G.,” alleging that “The mother is , and her address is … Ga.,” and stating that “S.D.G. is also the unnamed party in a lawsuit filed by her father on her behalf in the U.S. District Court for the Southern District of Florida, Case No. 08-80069, which was filed without the consent of the mother”), In re Sandberg v. Gonzalez, Case No. 50 2008 DR 001141 (Palm Beach Co. Family Ct.) (1/31/08). If this turns out to be the case, there is complete diversity, regardless of citizenship. Although the Eleventh Circuit has recently indicated that a district court may not conduct jurisdictional discovery under such circumstances, another division of this Court has since allowed it. Compare Lowery v. Ala. Power Co., 483 F.3d 1184, 1215-16, 1221 (11th Cir. 2007) (holding that jurisdictional discovery to determine citizenship upon removal is inappropriate), with Calixto v. BASF Constr. Chemicals, LLC, slip op., Case No. 07-60077-CIV-ZLOCH, 2008 WL 1840717, 1 (S.D. Fla. Apr. 22, 2008) (ordering that parties “shall engage in jurisdictional discovery for the Court to determine the citizenship of BASF and whether it has subject-matter jurisdiction over this action”).¶

7 The Amended Complaint erroneously states that Jeffrey Epstein is a citizen of New York.¶

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Oct. 15, 2007) (Moreno, J.) (citing Riley v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 292 F.3d 1334, 1337 (11th Cir. 2002)); accord, e.g., Tedder v. F.M.C. Corp., 590 F.2d 115, 117 (5th Cir. 1979) (denying motion to remand where two resident defendants were joined for the fraudulent purpose of defeating federal jurisdiction).¶

In this case, the plaintiff relies on her original allegations to support three causes of action against:¶

• civil conspiracy (Am. Compl. § 20–23);

• Intentional Infliction of Emotional Distress (Am. Compl. § 23–28); and civil RICO (Am. Compl. § 29–34). These allegations, however, do not support these claims, or any other theory of liability that would allow recovery against Cf.

Parks v. The New York Times Co., 308 F.2d 474, 477 (5th Cir. 1962) (observing that “determination of fraudulent joinder is to be based on whether there was a real intention on colorable grounds to procure a joint judgment”) (emphasis added).$^8$¶

(a) Nonresident defendants have a right of removal.¶

The removal statute was enacted specifically “to protect defendants.” Legg v. Wyeth, 428 F.3d 1317, 1325 (11th Cir. 2005). Cf., e.g., Picquet v. Amoco Prod. Co., 513 F. Supp. 938, 941 (M.D. La. 1981) (explaining that courts developed the fraudulent-joinder doctrine to protect “the right [of removal] granted to¶

8 In Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en banc), the Eleventh Circuit Court of Appeals adopted as binding precedent all decisions of the former Fifth Circuit rendered prior to October 1, 1981.¶

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[defendants] by … Congress”). In this case, by reconstituting her original federal lawsuit and refiling it in state Court, the plaintiff has clearly sought to avoid the strictures of the mandatory stay of this case that federal law requires under 18 U.S.C. § 3509(k). $ ^{9} $¶

In federal court, pursuant to 18 U.S.C. § 3509(k), this action must be automatically stayed pending final disposition of an ongoing parallel criminal action against Mr. Epstein. See 18 U.S.C. § 3509(k) (providing that a parallel civil¶

9 By filing in state court, the plaintiff’s attorney has also evidently sought to avoid the clear command of our local rules forbidding public comment about the merits of a pending lawsuit. Compare S.D. Fla. Local Rule 77.2(7) (“A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a fair trial and which relates to (a) Evidence regarding the occurrence or transaction involved. (b) The character … of a party … (d) The lawyer’s opinion as to the merits of the claims …”), with Ricci-Leopold Home Page, http://www.riccilaw.com (click on “Breaking News,” then access the hyperlink entitled, 03/13/08 - Consumer Justice Attorney Ted Leopold Files Case to aid Jane Doe in seeking justice against sexual predator Jeffrey Epstein and his associates.) (describing character of party defendant Epstein as a “sexual predator” (a term defined by Florida criminal statutes) and quoting the plaintiff’s attorney “Ted Leopold, managing partner” as characterizing Epstein as “an extremely powerful and wealthy man,” with “vast resources,” who acted “in the vilest way” at his “lavish mansion” with “lurid fantasies” and inflicting “untold damage,” and opining that he should “be held accountable;” also quoting the plaintiff’s attorney as opining that “[t]his case is both about justice and making sure that a wealthy and powerful man knows that he is not above the law;” also quoting the plaintiff’s attorney’s view of the evidence that plaintiff “continues to endure emotional trauma daily”) (Web site last visited July 17, 2008).¶

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MINIMAL ALARM¶

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action arising from an alleged sexual assault of a minor “shall be stayed until the end of all phases of [any] criminal action”) (emphasis added). In this case, there is a parallel federal criminal grand jury action pending in the Southern District of Florida, In re Grand Jury, No. FGJ 07-103(WPB) (S.D. Fla.), which arises out of the same allegations pled here. Thus, in resorting to fraudulent joinder, the plaintiff has sought to avoid any application of this otherwise controlling statute.¶

Cf. Doe v. Francis, No. 5:03 CV 260 MCR/WCS, 2005 WL 517847, at 1–2 (N.D. Fla. Feb. 10, 2005) (staying civil diversity action over plaintiffs’ objections on grounds that “the language of 18 U.S.C. § 3509(k) is clear that a stay is required in a case … where a parallel criminal action is pending which arises from the same occurrence involving minor victims”) (emphasis added).¶

Even outside the context of a mandatory federal statute, “the Supreme Court [has] admonished [that] ‘the Federal courts should not sanction devices intended to prevent a removal to a Federal court where one has that right, and should be equally vigilant to protect the right to proceed in the Federal court.’” Legg, 428 F.3d at 1325 (citing Wecker v. Nat’l Enameling & Stamping Co., 204 U.S. 176, 186 (1907)). See also id. (observing that “Congress‘did not extend [to defendants a right of removal] with one hand, and with the other give plaintiffs a bag of tricks¶

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to overcome it”” (quoting McKinney v. Bd. of Trustees of Maryland Cmty. Coll., 955 F.2d 924, 928 (4th Cir. 1992))).¶

To protect a nonresident defendant’s right of removal, a federal court will “determine the matter of jurisdiction” by examining “the true situation both as to parties and causes of action.” Bernblum v. Travelers’ Inc. Co., 9 F. Supp. 34, 35 (W.D. Mo. 1934) (emphasis added). See also id. (observing that “[t]he federal courts will … strike out the fiction injected into a case by a party to prevent removal”). In accordance with these principles, a plaintiff cannot destroy diversity jurisdiction simply by conjuring up a nondiverse defendant; there must be at least some “possibility that the state law might impose liability on [the nondiverse] defendant under the circumstances alleged in the complaint.” Florence v. Crescent Res., LLC, 484 F.3d 1293, 1299 (11th Cir. 2007) (citations omitted). See also, Holloway v. Morrow, No. 07-0839-WS-M, 2008 WL 401305, at *5 (S.D. Ala. Feb. 11, 2008) (emphasizing that “[t]he potential for legal liability must be reasonable, not merely theoretical”) (quoting Legg v. Wyeth, 428 F.3d 1317, 1325 n.5 (11th Cir. 2005)) (emphasis added).¶

In this case, the plaintiffs have tried to whip Jane Doe’s original, one-defendant complaint into a froth that looks non-federal. Cf. Owens v. Swan, 962 F. Supp. 1436, 1439 (D. Utah 1997) (noting that “although plaintiffs’ amended¶

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complaint contains four claims for relief, the first and second claims state only one cause of action”) (emphasis added). Using her original allegations and adding nothing, Jane Doe has tried to add claims against for civil conspiracy (Am. Compl. 20–23), Intentional Infliction of Emotional Distress (Am. Compl. 24–28), and civil RICO (Compl. 29–34) in order to append a nondiverse defendant to her Complaint. These claims, however, are untenable under Jane Doe’s own allegations, and therefore cannot be used to destroy diversity jurisdiction.¶

(b) There is no possibility that the plaintiff can establish a cause of action against under Florida law.¶

(i) The conspiracy claim against Robson must fail.¶

As a general rule, “[a]n actionable conspiracy [under Florida law] requires an actionable underlying tort or wrong.” Wright v. Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984) (citations omitted) (emphasis added). $^{10}$¶

10 This case is governed by the general rule. Cf. Churruca v. Miami Jai-Alai, Inc., 353 So. 2d 547, 550 (Fla. 1977) (noting that while there is “ordinarily … no independent tort for conspiracy,” there is a narrow exception to this rule when “the plaintiff can show some peculiar power of coercion possessed by the conspirators by virtue of their combination”) (emphasis added). See generally Liappas v. Augoustis, 47 So. 2d 582, 583 (Fla. 1950) (observing that “instances of conspiracy which is in itself an independent tort are rare and should be added to with caution’” (quoting Fleming v. Dane, 22 N.E.2d 609, 611, (Mass. 1939))) (emphasis added). Plainly, this case involves the general rule, not the narrow exception, because only one person could have caused Jane Doe’s injuries. Cf. Martin v. Marlin, 529 So. 2d 1174, 1179 (Fla. 3d DCA 1988) (upholding¶

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Here, Jane Doe cannot assert a cause of action for “violation of Chapter 800, Florida Statutes” (Am. Compl. ¶ 18) because there is no private right of action under that Chapter. See generally Am. Home Assurance Co. v. Plaza Materials Corp., 908 So. 2d 360, 374 (Fla. 2005) (observing that “not every statutory violation carries a civil remedy” (citing Villazon v. Prudential Health Care Plan, Inc., 843 So. 2d 842, 852 (Fla. 2003))). See also, e.g., Miami Herald Publ’g Co. v. Ferre, 636 F. Supp. 970 (S.D. Fla. 1985) (King, C.J.) (holding that violation of Florida’s criminal extortion statute does not give rise to a civil cause of action for damages); Mantooth v. Richards, 557 So. 2d 646, 646 (Fla. 4th DCA 1990) (per curiam) (affirming dismissal of plaintiff’s claim for parental kidnapping where “the mentioned statutes concern only criminal violations and do not afford a civil remedy”) (citation omitted) (emphasis added); Wright v. Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984) (holding that “[a]n act which does not constitute a basis for a cause of action against one person cannot be made the basis for a civil action for conspiracy”).¶

In this case, Jane Doe’s claim under Count II (civil conspiracy) fails because it derives exclusively from Count I (violation of Chapter 800, Florida Statutes). Cf.¶

grant of summary judgment against claim for independent conspiracy, noting that “[w]hen the concerted acts of the defendants do not create a greater harm than if the acts were committed by one person alone, then there can be no recovery”).¶

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Buchanan v. Miami Herald Publ’g Co., 230 So. 2d 9, 12 (Fla. 1969) (holding that where Count I of the complaint had failed to state a cause of action for malicious prosecution, there could be no civil-conspiracy claim in Count II “based on the allegations of Count I”). Because the statute she expressly pleads as the basis for Count I, Chapter 800, Florida Statutes, provides no civil remedy, Jane Doe cannot prevail on Count I. Therefore, she cannot prevail on her claim for conspiracy (Count II) to violate Chapter 800, Florida Statutes (Count I).¶

(ii) The plaintiff cannot prevail against nondiverse defendant on her claim for Intentional Infliction of Emotional Distress (IIED).¶

Even if the plaintiff, for the sake of argument, can assert an IIED claim against Jeffrey Epstein, the plaintiff still does not have a cause of action for IIED against . First, the plaintiff cannot recover damages in connection with her own illegal conduct; and second, the plaintiff’s purported IIED claim fails as a matter of law.¶

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1. The plaintiff seeks damages in connection with her own illegal conduct.¶

The plaintiff concedes that she went to Jeffrey Epstein’s house “to give Epstein a massage for monetary compensation.” (Am. Compl. ¶ 13.) The plaintiff also concedes, in the guise of an allegation, that “brought Jane Doe to Epstein’s mansion in Palm Beach” to help the plaintiff execute her own plan. (Am. Compl. ¶ 13.) Yet, the plaintiff’s plan was illegal: under Florida law, it is a crime “to practice massage” without a license. § 480.047, Fla. Stat. (1997). To say it another way, the plaintiff admits that she went to Mr. Epstein’s house to commit a crime.¶

Based on these allegations, it is clear that the plaintiff seeks damages in connection with her own illegal conduct; this is enough to support a finding of fraudulent joinder. See Florence v. Crescent Resources, LLC, 484 F.3d 1293, 1298 n.3 (11th Cir. 2007) (acknowledging that “under some circumstances, application of an affirmative defense can support a finding of fraudulent joinder). This conclusion is supported by well-established principles.¶

Under Florida law, a plaintiff cannot recover damages flowing from her own illegal conduct. See Hall v. Hall, 93 Fla. 709, 112 So. 622, 628 (1927) (referring to “the universal rule of our law that one in a court of justice cannot complain … of another’s wrong whereof he was a partaker”) (internal quotation marks and citation¶

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omitted) (emphasis added); Turner v. Anderson, 704 So. 2d 748, (Fla. 4th DCA 1998) (“[N]o public policy should allow appellant to recover damages as a result of engaging in criminal conduct such as occurred in this case.”). Cf. Ewell v. Daggs, 108 U.S. 143, 149 (1883) (stating that “[n]o court will lend its aid to a [plaintiff] who founds [a] cause of action upon an immoral or an illegal act”) (quoting Holman v. Johnson, 98 Eng. Rep. 1120 (K.B. 1775)); see also id. (explaining that this policy is “‘not for the sake of the defendant, but because [the courts] will not lend their aid to such a plaintiff’* (quoting Holman, 98 Eng. Rep. 1120)) (emphasis added); Balas v. Ruzzo, 703 So. 2d 1076, 1082 (Fla. 5th DCA 1997) (Harris, J., concurring) (remarking in the context of an action brought against an alleged prostitution house that “the court should continue its tradition of not interceding in civil conflicts involving transactions that are either illegal or are against public policy”).¶

Based on the foregoing, the plaintiff cannot blame someone else for the consequences of her own criminal conduct. Cf. Feld & Sons, Inc. v. Pechner, Dorfman, Wolffe, Rounick and Cabot, 458 A.2d 545, 552 (Pa. Super. Ct. 1983) (holding that law-firm clients could not recover damages flowing from their own criminal acts, even though clients’ lawyers had suggested the unlawful conduct to begin with). See also Turner v. Anderson, 704 So. 2d 748, 751 (Fla. 4th¶

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DCA 1998) (approving reasoning in Feld & Sons, holding that “no public policy should allow [a plaintiff] to recover damages as a result of engaging in criminal conduct” where the plaintiff had provided false testimony at an arbitration proceeding).¶

2. The plaintiff’s IIED claim fails as a matter of law.¶

To state a cause of action for IIED, a complaint must allege four elements: (1) deliberate or reckless infliction of mental suffering; (2) outrageous conduct; (3) the conduct caused the emotional distress; and (4) the distress was severe. Metro. Life Ins. Co. v. McCarson, 467 So. 2d 277, 278 (Fla. 1985). Whether conduct is outrageous enough to support a claim of intentional infliction of emotional distress is a question of law, not a question of fact. Liberty Mut. Ins. Co. v. Steadman, 968 So. 2d 592, 595 (Fla. 2d DCA 2007) (citations omitted).¶

in this case, without reaching the question of “outrage,” the plaintiff has failed to show that conduct - - allegedly arranging an illegal sexual massage that the plaintiff herself agreed to perform - - itself caused the plaintiff to suffer any emotional distress. Even if the alleged agreement was fraudulently induced, the plaintiff’s IIED claim flows from Epstein’s alleged conduct, not the joint conduct of Robson and Doe in planning the massage.¶

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(iii) The plaintiff cannot prevail on her claim for civil remedies for criminal practices or racketeering (“civil RICO”) pled in Count IV.¶

A cause of action under section 772.104, Florida Statutes (“Civil Remedies for Criminal Practices”) requires a showing of direct injury. Even assuming for the sake of argument that Jane Doe can establish that the defendants engaged in a “pattern of criminal activity,” she cannot establish that she was directly injured by those activities.¶

Section 772.104 allows someone to bring a civil RICO claim only if “he or she has been injured by reason of” any RICO violation. § 772.104, Fla. Stat. (2007). Here, the allegations in Count IV, even if they are true, do not add up to a civil RICO claim because there is no proximate cause between the purported “pattern of criminal activity” and Jane Doe’s alleged injuries.¶

In a doomed attempt to satisfy the extremely high burden of pleading civil RICO under Florida law, the Amended Complaint lists a series of violations rooted in Florida’s prostitution statutes. (Am. Compl. ¶ 31.) According to the Amended Complaint, the defendants participated in a criminal enterprise … or conspir[acy]” (Am. Compl. ¶ 30) over an unspecified length of time “to repeatedly find and bring [Jeffrey Epstein] underage girls … in order for Epstein to solicit, coerce, entice, compel, or force such girls in acts of prostitution and/or lewdness” (Am.¶

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Compl. ¶ 32). The alleged “pattern of criminal activity” comprises violations of Chapter 796, Florida Statutes—the chapter that proscribes various crimes of prostitution.$^{13}$¶

These allegations do not tie directly into Jane Doe’s alleged psychic injuries. In contrast to a cognizable RICO claim, this action concerns only an isolated occurrence. More important, the alleged injuries in this case are pled to have resulted from an alleged sexual assault, an assault “in violation of Chapter 800 of the Florida Statutes” (Am. Compl. § 18)—not anything having to do with the facilitation of prostitution, or more succinctly, the violation of Florida’s prostitution law.¶

Civil RICO claims are extraordinarily difficult to plead successfully. There are examples in the case law of RICO claims stemming from a prostitution enterprise, but they are vastly different from what plaintiff pleads here. They involve, for example, prostitutes who sued a house of prostitution (as an “enterprise”) for inflicting systematic and repetitive abuse on them, over time. See Balas v. Ruzzo, 703 So. 2d 1076, 1077 (Fla. 5th DCA 1997) (offering an example of a civil RICO claim against the operators of an alleged “house of prostitution,”¶

13 The Amended Complaint alleges a “pattern of criminal activity” comprising the following criminal violations: §§ 796.03, 796.07(2)(f), 796.07(2)(h), 796.045, and 796.04, Fla. Stat. (Am. Compl. ¶ 31.)¶

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where petitioners alleged that they had “suffered emotional pain, anguish, humiliation, insult, indignity, loss of self-esteem, inconvenience, hurt and emotional distress” as a result of being forced repeatedly, over time, to “perform sexual acts to retain their employment”). Here, even if the Amended Complaint can be read to plead that the defendants schemed to solicit other massages from other people (see, e.g., Am. Compl. 9, 11, 12, 32), those activities are not alleged in any way to have impacted Jane Doe. Cf., e.g., Palmas Y Bambu, S.A. v. E.I. Dupont De Nemours & Co., Inc., 881 So. 2d 565, 570 (Fla. 3d DCA 2004) (holding that ““indirect injuries, that is injuries sustained not as a direct result of predicate acts … will not allow recovery under Florida RICO.”” (quoting O’Malley v. St. Thomas Univ., Inc., 599 So. 2d 999, 1000 (Fla. 3d DCA 1992)))¶

(emphasis added).¶

Because the Amended Complaint does not satisfy the direct-injury requirement under Florida’s RICO law, Jane Doe has failed to allege a cause of action against for violation of section 772.103, Florida Statutes.¶

B. This Notice satisfies the procedural requirements of 28 U.S.C. § 1446.¶

1. This notice of removal is timely.

In accordance with 28 U.S.C. §1446, this notice of removal is timely. Only defendant Epstein has been served with process. Defendants¶

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have not yet been served. In a multi-defendant lawsuit, removal is timely when effected within 30 days after the last defendant is served. See Hill Dermaceuticals, Inc. v. RX Solutions, United Health Group, Inc., No. 6:08-cv-330-Orl-31KRS, 2008 WL 1744794, at *3 (M.D. Fla. Apr. 11, 2008) (concluding that removal petition was timely where it was filed within 30 days after the last defendant was served).¶

2. Notice has been given, and state-court papers have been filed.¶

In accordance with 28 U.S.C. §1446(d), defendants have served this Notice of Removal on July 18, 2008. All papers filed in State Court are attached to this Removal Petition.¶

3. There is unanimity among the defendants.¶

In accordance with 28 U.S.C. § 1446(b) the undersigned are authorized to represent that all of the defendants join this Petition and consent to removal.¶

Conclusion¶

Because this is a civil action between citizens of different states, excluding any fraudulently joined parties, and the amount in controversy exceeds $75,000, exclusive of interests and costs, this Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1332(a)(1).¶

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Lewis Tein PL MIDDLE SCHOOL LAW¶

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WHEREFORE, the Defendants, Jeffrey Epstein,¶

and¶

remove this case from Palm Beach Circuit Court to the United States¶

District Court for the Southern District of Florida.¶

Respectfully submitted,¶

LEWIS TEIN, P.L.

3059 Grand Avenue, Suite 340

Coconut Grove, Florida 33133

Tel: 305 442 1101

Fax: 305 442 6744

By:¶

GUY A. LEWIS¶

Fla. Bar No. 623740¶

MICHAEL R. TEIN¶

Fla. Bar No. 993522¶

ATTERBURY, GOLDBERGER & WEISS, P.A.

250 Australian Avenue South, Suite 1400

West Palm Beach, Florida 33401

Tel. 561 659 8300

Fax. 561 835 8691

By: Jack A. Goldberger¶

Fla. Bar No. 262013¶

Attorneys for Defendant Jeffrey Epstein¶

23¶

Lewis Tein PLLC¶

MISSISSAUGA, GA¶

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CERTIFICATE OF SERVICE¶

I HEREBY CERTIFY that the foregoing document is being served this day,¶

July 18, 2008, on counsel of record identified on the service list by U.S. Mail.¶

Michael R. Tein¶

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Lewis Tein PL MAGNUS VILLA¶

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Service List¶

Theodore J. Leopold, Esq.¶

Ricci-Leopold, P.A.¶

2925 PGA Blvd., Suite 200¶

Palm Beach Gardens, FL 33410¶

Fax: 561 697 2383¶

Counsel for Plaintiff Jane Doe¶

Douglas M. McIntosh, Esq.¶

Jason A. McGrath, Esq.¶

McIntosh, Sawran, Peltz & Cartaya, P.A.¶

Centurion Tower¶

1601 Forum Place, Suite 1110¶

West Palm Beach, Florida 33401¶

Fax. 561 682-3206¶

Counsel for Defendant¶

Bruce E. Reinhart, Esq.¶

Bruce E. Reinhart, P.A.¶

250 Australian Avenue South¶

Suite 1400¶

West Palm Beach, Florida 33401¶

Fax. 561 828 0983¶

Counsel for Defendant¶

Robert D. Critton, Esq.¶

Michael J. Pike, Esq.¶

Burman, Critton, Luttier &¶

Coleman, LLP¶

515 N. Flagler Drive, Suite 400¶

West Palm Beach, Florida 33401¶

Fax. 561 515 3148¶

Co-Counsel for Jeffrey Epstein¶

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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2006 CF09454AXX¶

STATE OF FLORIDA,¶

JEFFREY EPSTEIN,¶

Defendant.¶

DEPOSITION OF¶

Wednesday, February 20, 2008¶

2:00 p.m. - 4:30 p.m.¶

Palm Beach County Courthouse¶

205 North Dixie Highway¶

West Palm Beach, Florida 33401¶

Reported By:¶

Judith F. Consor, FPR¶

Notary Public, State of Florida¶

Consor & Associates Reporting and Transcription¶

Phone - 561.682.0905¶

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Page 2¶

APPEARANCES:¶

On behalf of the State: LANNA BELOHLAVEK, ESQ. ASSISTANT STATE ATTORNEY¶

401 North Dixie Highway West Palm Beach, Florida 33401¶

561.355.7100¶

On behalf of the Defendant: MICHAEL R. TEIN, ESQ.¶

KATHRYN A. MEYERS, ESQ. LEWIS TEIN, PL¶

3059 GRAND AVENUE, SUITE 340 COCONUT GROVE, FL 33133¶

On behalf of the Defendant:¶

JACK A. GOLDBERGER, ESQ. ATTERBURY, GOLDBERGER & WEISS¶

250 AUSTRALIAN AVENUE SOUTH SUITE 1400¶

WEST PALM BEACH, FLORIDA 33401 561.659.8300¶

ALSO PRESENT:¶

ON BEHALF OF THE WITNESS: THEODORE J. LEOPOLD, ESQ.¶

KEITH J. BRETT, DIRECTOR OF MULTIMEDIA DIVISION, LEGAL-EZE¶

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I N D E X¶

WITNESS: PAGE:¶

DIRECT EXAMINATION 4¶

BY MR. TEIN:¶

NO EXHIBITS MARKED¶

…CERTIFIED QUESTIONS…¶

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Deposition taken before Judith F. Consor, Court Reporter and Notary Public in and for the State of Florida at Large, in the above cause.¶

Thereupon,¶

having been first duly sworn or affirmed, was examined and testified as follows:¶

THE WITNESS: I do.¶

DIRECT EXAMINATION¶

BY MR. TEIN:¶

Q. Good afternoon. Please tell me your full name.¶

A.¶

Q. And can you please spell it.¶

A.¶

Q. Thank you.¶

May I call you¶

A. Uh-huh.¶

Q. I’m going to ask you a few questions, several questions today. If at any time you want to take a break, you just let me know. Okay?¶

A. Okay.¶

Q. If you at any time don’t understand one of¶

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my questions, will you just please let me know?¶

A. Yes.¶

Q. And if at any time you’re not feeling well or something like that, you’ll tell us, right?¶

A. Yes.¶

Q. Do you feel okay today?¶

A. Yes.¶

Q. Not taking any alcohol or drugs or anything like that, right?¶

A. No.¶

Q. So you feel ready to have your deposition taken?¶

A. Yes.¶

Q. what is your address?¶

A. I’m currently living at my aunt’s house and I don’t know it off the top of my head.¶

Q. Where is it?¶

A. In Jupiter.¶

Q. Who is your aunt?¶

A.¶

Q. Who else is living there?¶

A. my uncle.¶

Q. Anyone else living there?¶

A. No.¶

Q. The contempt motion that your mother filed¶

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1 against your father regarding your fifty million-dollar lawsuit against Jeffrey Epstein says that you live with your aunt and uncle and have been living there; is that correct?¶

A. Yes.¶

Q. How long have you been living with your aunt and uncle?¶

A. Since my father kicked me out.¶

Q. That was Thanksgiving of this past year?¶

A. Yes, sir.¶

Q. Okay. Didn’t your firefighter boyfriend get an apartment for the two of you?¶

A. No, sir. He has an apartment, but by himself.¶

Q. Did he get an apartment for the two of you to live in?¶

A. No, sir.¶

Q. Are you planning to move in with him?¶

A. Maybe one day in the future.¶

Q. Do you have a plan to move in with him presently?¶

A. No.¶

Q. Have you been to the apartment that you and have discussed moving in together?¶

A. I have been to the apartment.¶

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Q. Where is that? A. Palm Beach Lakes. Q. Have you spent the night over there? A. No, sir. Q. Do you know the address there? A. I do not. Q. Isn’t your sister planning on living with you and ? A. No. Q. you know that this court case is a criminal prosecution, correct? A. Correct. Q. And you know that it’s a criminal prosecution against a man who has no criminal background. Do you know that? A. I do now. Q. You agree that court is a very serious matter? A. Yes. Q. And you’re here with your lawyer Mr. Leopold, right? A. Yes. Q. And you know that Mr. Leopold recently filed a lawsuit in federal court against Jeffrey Epstein, seeking fifty million dollars.¶

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MR. LEOPOLD: Let me just object.¶

let me instruct you. Anything that you have learned through conversations between you and me are protected. So if you know any of that information outside of those discussions, you may answer. But if the only way you know it is through our discussions, do not answer that question.¶

Q. you know that Mr. Leopold recently filed a lawsuit in federal court on your behalf against Jeffrey Epstein seeking fifty million dollars?¶

MR. LEOPOLD: Same objection.¶

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MR. LEOPOLD: Lewis, we’re not going to do that.¶

MR. TEIN: My name is not Lewis.¶

I’m going to finish my question. Okay?¶

MR. LEOPOLD: Do not answer until you hear from me.¶

BY MR. TEIN:¶

Q. Other than conversations that you have had with Mr. Leopold — I’m not asking about that — are you aware that Mr. Leopold has filed a lawsuit in federal court seeking fifty million dollars from Jeffrey Epstein on your behalf?¶

MR. LEOPOLD: Same objection.¶

Anything that you learn through conversations between you and me, do not answer. Those are protected. If you know through any other realm of knowledge, you may answer.¶

THE WITNESS: No.¶

BY MR. TEIN:¶

Q. You have no idea that Mr. Leopold filed a fifty million-dollar lawsuit on your behalf against Jeffrey Epstein?¶

MR. LEOPOLD: Same objection.¶

Do not answer that question if it’s through discussions that you and I had. Outside of that,¶

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you may answer. So do not answer that question if that is the only basis by which you understand that answer.¶

THE WITNESS: No.¶

BY MR. TEIN:¶

Q. You didn’t know that?¶

MR. LEOPOLD: Don’t answer that question.¶

Again, it’s attorney/client privilege. Any information you’ve learned through conversations between you and I are protected. If you know it through any other realm, you may answer.¶

MR. TEIN: Are you going to say that for every question in the deposition, Mr. Leopold?¶

MR. LEOPOLD: When you ask improper questions like that without the proper —¶

MR. TEIN: You’re going to stop your speaking objections right now. Okay?¶

MR. LEOPOLD: Without the proper —¶

MR. TEIN: You need to stop your speaking objections.¶

Let’s continue.¶

MR. LEOPOLD: Counsel, you just asked me a question and I’m going to state it on the record —¶

MR. TEIN: You need to stop your speaking¶

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objections. Check your rules.¶

MR. LEOPOLD: Excuse me. For the record, Counsel asked me a question. I’ll state the answer on the record. He asked me the question am I going to be answering that way throughout the deposition. So long as there’s improper foundation and predicate asked by the attorney, I will protect my client and I make the record where appropriate. If counsel wishes to ask an appropriate worded question with the proper foundation and predicate, I will certainly allow the client to answer the question.¶

MR. GOLDBERGER: Why don’t you just state attorney/client privilege and just be done with it?¶

MR. LEOPOLD: I want the record to be clear.¶

MR. TEIN: You want to waste time is what you want to do.¶

You were supposed to be here this morning and you totally broke the deal, the agreement that you had with us if your hearing got cancelled.¶

But let’s move on and maybe you’ll stop obstructing this deposition.¶

MR. LEOPOLD: I think the record is very¶

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Is there a recording taken of this deposition?¶

MR. LEOPOLD: Just make sure that’s preserved.¶

Q. Go to Exhibit 20-01 — well, before you do that, are you aware that a lawyer named Jeffrey Herman filed a lawsuit on your behalf, yes or no?¶

MR. LEOPOLD: Objection.¶

Any conversations that you and I have had regarding that, if that is the only way by which you understand how to answer that question, do not answer. It’s attorney/client privilege, as well as any conversations you may have had with the attorney from Miami. That is also attorney/client privilege. And I’m assuming —¶

MR. TEIN: You’re actually wrong about the attorney/client privilege.¶

MR. LEOPOLD: I’m assuming Counsel is not asking you to divulge attorney/client —¶

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MR. TEIN: We’ve heard the objection 10 times already.¶

MR. TEIN: Just say attorney/client privilege. Stop interrupting my questions.¶

MR. LEOPOLD: I’m entitled to make an objection for the record, which I’m doing, and I’ll make the same objection. And if it calls for attorney/client privilege, any conversations you and I have had, do not answer the question.¶

And I think that it might be appropriate, for the record, to ask questions via¶

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Q. You know that he had a press conference, don’t you, yes or no?¶

A. Yes.¶

Q. In fact, let’s go to Exhibit 20-01.¶

MR. GOLDBERGER: Look behind you. You’ll see it.¶

BY MR. TEIN:¶

Q. Have you ever seen that picture before?¶

A. Yes.¶

Q. Is that a picture of your father, your stepmother and Mr. Herman at the press conference regarding your lawsuit?¶

A. Yes.¶

Q. Now you know that this is a very serious matter, don’t you?¶

MR. LEOPOLD: Asked and answered.¶

Objection.¶

MR. GOLDBERGER: All right. You can object. You’re representing a witness here,¶

Mr. Leopold. You can object on privilege grounds.¶

You cannot make legal objections. You have no standing to do so.¶

MR. LEOPOLD: I’m going to make them and then —¶

MR. GOLDBERGER: We’re —¶

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MR. LEOPOLD: We’re going to leave or we’re going to take a break, because his demeanor is not appropriate. There’s no reason to have this kind of demeanor. If you want to have this kind of demeanor with me —¶

MR. TEIN: You are obstructing this deposition.¶

MR. GOLDBERGER: Why don’t you guys go outside and just talk about —¶

MR. LEOPOLD: She — her job is very difficult and she’s not going to be able to take us both talking at the same time.¶

MR. GOLDBERGER: Off the record.¶

MR. LEOPOLD: We’re not going off the record, Jack. We’re not, Jack. Her job is very difficult. I’m going to make the record.¶

I don’t think it is appropriate, especially in the small confines of this room, to be very aggressive with this young lady.¶

MR. TEIN: That’s not happening. Stop, stop actually —¶

MR. LEOPOLD: If you’re going to interrupt me, we’re going to cancel this deposition —¶

MR. TEIN: Stop misrepresenting.¶

THE COURT REPORTER: I need one at a time,¶

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no matter who it is.¶

MR. LEOPOLD: I think we’re going to take a break. Perhaps you might want to talk to your co-counsel —¶

MR. TEIN: I don’t need to talk to him.¶

MR. LEOPOLD: But we’re going to take a break.¶

MR. TEIN: We’re not taking a break unless the witness needs a break.¶

You’re obstructing this deposition, Ted.¶

MR. LEOPOLD: Come on,¶

You all want to continue in this demeanor —¶

MR. TEIN: You’re obstructing the deposition. Stop making speeches. We’re not discussing this with you. The questions are to your client. Go take your five-minute break.¶

MR. LEOPOLD: Fine. We need to make sure the record’s clear and clean.¶

And I want to make sure, as I’ve already asked you — I know that you’re one of the best in town — that this audio — this needs to be preserved. Okay?¶

MR. TEIN: Go take your five-minute break, Mr. Leopold, now.¶

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You were supposed to be here at nine a.m.; it’s now after two. Take your break and come back.¶

MR. LEOPOLD: Okay. If the demeanor keeps up, we will not be here beyond those five minutes.¶

MR. TEIN: Take your break and come back.¶

MR. LEOPOLD: Okay. So I suggest that you relax.¶

MR. TEIN: I suggest that you take your break.¶

MR. GOLDBERGER: Let them take that five-minute break.¶

MR. LEOPOLD: But I would suggest that you take deep breaths.¶

MR. TEIN: Suggest whatever you want. Go take a break.¶

(Thereupon, a recess was taken.)¶

BY MR. TEIN:¶

Q. you agree that giving testimony today at your deposition is something very serious, don’t you?¶

A. Yes.¶

Q. And you respect the court, don’t you?¶

A. Yes.¶

Q. Let me show you Exhibit 31-001. Can you¶

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1 read that out loud, please.¶

A. Okay. What do you want?¶

Q. Will you read that out loud, please.¶

A. Oh.¶

Q. Thank you.¶

A. Lol hah my baddd…lol yah i got some stupid court shit on the 20th…bullshit…and damn you still have court shit with him? Like after so long wow im sorry… well yah well we will definitely havta make plans for sure..because i miss u tons times a million and no no no i love you…o and p.s. i love ur default pic niggaa. Muah xo.¶

Q. Did you send that message last week to a friend of yours on MySpace?¶

A. I wouldn’t know. There’s no dates and I’ve deleted that MySpace, so —¶

Q. We’re going to talk about that in a second.¶

A. Okay.¶

Q. Did you send that message last week —¶

A. Right.¶

A. I wouldn’t know the date, but obviously, it’s to a friend.¶

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1. Q. Did you send that message to a friend of yours on MySpace?
2. A. Sure, yes.
3. Q. Were you referring to this deposition?
4. A. Yes.
5. Q. Do you find the term n-i-g-g-e-r offensive?
6. A. That’s not anywhere in there.
7. Q. What word did you use in there?
8. MR. LEOPOLD: Where are you referring to, Counsel? There’s 20 plus words in there.
9. MR. TEIN: Don’t make a speaking objection.
10. THE WITNESS: Are you referring to anything —
11. MR. LEOPOLD: No, Don’t — don’t — let him ask you the question.
12. BY MR. TEIN:
13. Q. What question were you asking, ?
14. MR. LEOPOLD: She doesn’t ask questions.
15. You ask the questions. What is the question pending?
16. BY MR. TEIN:
17. Q. what is the last word on there in the text of your message before the closing?
18. A. Niggaa.
19. Q. Don’t you find that term offensive?

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1. A. No.
2. MR. LEOPOLD: Can you spell it for the record, please.
3. THE WITNESS: N-i-g-g —
4. MR. TEIN: No, no, no. You are not going to be asking questions.
5. MR. LEOPOLD: I’m not asking questions.
6. I’m asking for the record the word to be spelled, because we don’t have a video here today.
7. MR. TEIN: These exhibits are part of the record. You —
8. MR. LEOPOLD: Well, it’s not marked as an exhibit.
9. MR. TEIN: Stop interrupting me,
10. Mr. Leopold. I have marked and identified as an exhibit and you will get it.
11. MR. LEOPOLD: There has been no identification of this document in the record.
12. MR. TEIN: Mr. Leopold, stop interrupting this deposition.
13. MR. LEOPOLD: What is the exhibit number marked for identification?
14. MR. TEIN: 31-001.
15. MR. LEOPOLD: Do we have copies? Is it on the record anywhere?

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BY MR. TEIN:¶

Q. Let me ask you, did you in fact write your friend this message about this deposition?¶

A. Yes.¶

Q. So you wrote your friend that this deposition is stupid court s-h-i-t, correct?¶

A. Yes.¶

Q. Because you think this deposition is stupid court s-h-i-t, don’t you?¶

A. No.¶

Q. You wrote that to your friend, didn’t you?¶

A. Yes.¶

Q. You think that court is stupid, don’t you?¶

A. In some cases.¶

Q. And you think that court is bull s-h-i-t, don’t you?¶

A. No.¶

Q. And you think this deposition is bull s-h-i-t, don’t you?¶

A. No.¶

Q. You wrote that to your friend, didn’t you?¶

MR. LEOPOLD: Objection. Asked and answered.¶

MR. TEIN: That’s not an objection.¶

BY MR. TEIN:¶

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Q. You wrote that to your friend, didn’t you?¶

MR. LEOPOLD: Objection. Asked and answered, for the fourth time.¶

MR. TEIN: You are improperly objecting,¶

Mr. Leopold. You have no grounds to object. And¶

that’s not an objection.¶

MR. LEOPOLD: It is an objection.¶

MR. TEIN: Then terminate the deposition if you think it’s been asked and answered.¶

MR. LEOPOLD: Counsel, I am not precluded from just making an objection to the form of the question. As the courts well know, and if you practice here in West Palm Beach, many of the judges require you to set the objection with specificity. And I will do that. And if you don’t want me to, you can make the record. But I will do that.¶

MR. TEIN: Here’s what we’ll do, Ted. You can — I will allow you to reserve an objection to form for every single one of my questions.¶

Otherwise, all you’re doing is obstructing.¶

MR. LEOPOLD: I won’t do that.¶

MR. TEIN: Of course; because you want to obstruct.¶

MR. LEOPOLD: All right.¶

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BY MR. TEIN:¶

Q. you think that giving testimony today, under oath, is bull s-h-i-t, don’t you?¶

A. No.¶

Q. And you wrote that to your friend on MySpace last week, didn’t you?¶

MR. LEOPOLD: Objection. Asked and answered.¶

THE WITNESS: No, I did not.¶

BY MR. TEIN:¶

Q. You didn’t write this exhibit?¶

A. I wrote that, but I didn’t write what you said.¶

Q. You wrote in this exhibit, “I got some stupid court s-h-i-t on the 20th. Bull s-h-i-t.” Didn’t you write that?¶

A. Yes.¶

Q. Referring to this deposition, didn’t you?¶

A. Referring to the court. I was later informed that it was a deposition.¶

Q. I’m going to ask you some questions now about what happened when you went to Jeff Epstein’s house three years ago. Okay?¶

A. Uh-huh.¶

Q. When the police interviewed you one month¶

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after you went to Epstein’s house, you swore on your¶

mother’s grave that you and Epstein did not engage in sex of any kind?¶

A. Yes.¶

Q. Didn’t you tell that to the police?¶

A. Yes. And I will continue. I have never had sex with him.¶

Q. Did what happened upstairs at Jeff Epstein’s house take you completely by surprise,¶

A. Yes.¶

Q. Now the civil complaint that you filed against Mr. Epstein for fifty million dollars alleged that you were totally shocked by what happened when you got there.¶

A. Yes.¶

Q. Were you totally shocked by what happened when you got to Epstein’s house?¶

Q. You didn’t expect it at all, did you?¶

A. No.¶

Q. You had absolutely no idea why your friend was taking you to Epstein’s house, right?¶

A. I was informed it was a massage.¶

Q. All you thought that it was going to be was a massage, correct?¶

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A. Yes.¶

Q. Before you got to Epstein’s house never said anything to you on the telephone about sexual activity with Epstein, did she?¶

A. No.¶

Q. And before you got to Epstein’s house never sent you a message over the Internet about sexual activity with Epstein, did she?¶

A. No.¶

Q. Did ever try to convince you to engage in any sexual activity with Epstein?¶

Q. Did every try to convince you to engage in any sexual activity with Epstein?¶

A. I don’t know who is.¶

Q. Do you have a friend?¶

A. No.¶

Q. Okay. Before you went so Epstein’s house did anyone call or e-mail you to induce you to engage in sexual activity with Epstein?¶

Q. So you’re sure that before you got to Epstein’s house no one tried to persuade you to engage in sexual activity with Jeffrey Epstein?¶

A. No.¶

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Q. You’re sure that — let me ask the question again.¶

You’re sure that before you got to Epstein’s house no one tried to persuade you to engage in sexual activity with Epstein for money. Are you?¶

MR. LEOPOLD: Objection. Asked and answered.¶

THE WITNESS: No. And I’ve already answered that a bazillion times.¶

BY MR. TEIN:¶

Q. He’s coaching you now. So I’m going to ask the question —¶

MR. LEOPOLD: Counsel, I’ve made an objection for the record.¶

MR. TEIN: Stop speaking.¶

MR. LEOPOLD: I’m not going to stop speaking. You can’t interrupt me when I’m making the record.¶

MR. TEIN: You’re coaching the witness.¶

MR. LEOPOLD: Counsel —¶

MR. TEIN: Stop coaching the witness.¶

BY MR. TEIN:¶

Q. let me ask you —¶

MR. LEOPOLD: If you continue to —¶

MR. TEIN: Stop interrupting my questions.¶

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MR. LEOPOLD: If you do it one more time, we’re leaving.¶

BY MR. TEIN:¶

MR. LEOPOLD: I’m going to make the record. You cannot interrupt me when I’m making the record. Out of professional conduct, you cannot do that. I’m entitled to make the record. I made an objection, asked and answered. Your demeanor is inappropriate. You’re willing and you are able and you’re responsible to ask a question in a professional manner, and ask the question and once you get the answer, to either follow up on it or move on, but not continuously browbeat and ask the same question over and over because you don’t like the answer.¶

MR. TEIN: Calm down, sir.¶

MR. LEOPOLD: Trust me, I’m very calm here.¶

When I’m not calm, you’ll know it. I’m very calm.¶

So please continue on. But I will not allow you to continue to harass her in the demeanor that you’re doing. Ask her a question and move on.¶

MR. TEIN: Are you done?¶

MR. LEOPOLD: Thank you. I am.¶

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put up with it and I don’t need to put up with it and it’s not appropriate. And I’m sure Mr. Goldberger knows all this, because I know that he wouldn’t do this. So I will not put up with it. And I think it’s highly inappropriate to do this with this child sitting here, the way you’re acting, primarily towards me, and I will not put up with it.¶

MR. TEIN: Will you please stop your speech so I can ask questions?¶

MR. LEOPOLD: So long as you act professionally, I will do so. But if you continue to do it this way, I will leave.¶

MR. TEIN: Suit yourself.¶

BY MR. TEIN:¶

Q. Are you sure that before you got to Epstein’s house no one tried to persuade you to engage in sexual activity with Epstein for money?¶

MR. LEOPOLD: Asked and answered.¶

Objection.¶

MR. TEIN: Did you get her answer?¶

THE COURT REPORTER: No, I did not.¶

THE WITNESS: I’m sure.¶

BY MR. TEIN:¶

Q. Let me ask you a few questions about your¶

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1	contact with Jeffrey Epstein. Okay?
2	A. (Witness nods head up and down.)
3	Q. Jeff never e-mailed you, did he?
4	A. No.
5	Q. Jeff never text messaged you, did he?
6	A. No.
7	Q. Jeff never chatted in a chat room with you, did he?
9	A. No.
0	Q. Before you got to Epstein's house you had never spoken to Jeff, had you?
1	A. No.
	Q. And before you got to Epstein's house you had never met Jeff?
	A. Correct.
	Q. Before you got to Epstein's house you had never told Jeff that you were under 18, right?
	A. No.
	Q. Before you got to Epstein's house had you ever told Jeffrey that you were under 18?
	A. No. I never spoke to the man before that.
	Q. And you only went to Jeff Epstein's house that one time three years ago, correct?
	A. Yes.
	Q. You never went there again, correct?

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A. No.¶

Q. All right. Let me ask you two final areas of questioning about this and we’ll move onto something else. Okay?¶

A. Uh-huh. Yes. I’m sorry.¶

Q. Before you got to Epstein’s did anyone associated with Epstein ever call you on the phone and try to persuade, induce, entice or coerce you to engage in any sexual activity?¶

A. No.¶

Q. Before you got to Epstein’s did anybody associated with Epstein ever contact you on the Internet and try to persuade, induce, entice or coerce you to engage in any sexual activity?¶

A. No.¶

Q. who told you that when you got to Jeff Epstein’s house you should lie to Jeff about your age?¶

Q. Was it or was it the other girl in the car who you rode over with to Epstein’s house?¶

Q. Who was the other girl in the car with you that day?¶

A. I honestly don’t know.¶

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Q. Had you ever seen her before?¶

A. No, sir.¶

Q. You told the police that when you rode over to Epstein’s you had no idea who she was, right?¶

A. Correct.¶

Q. You told the police that you didn’t know her name, but she was like really dark, kind of like a Spanish girl?¶

Q. Those were your words, right?¶

A. No, sir.¶

Q. So it was who told you to lie about your age to Jeff Epstein?¶

A. Yes, sir.¶

Q. And told you that if you weren’t 18, Epstein wouldn’t let you into his house, right?¶

A. That’s — yes, yes.¶

Q. All right. Let’s talk for a minute about when you first met Jeff. Okay?¶

Q. When you first met Jeff he tried to find out how old you were, right?¶

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Q. When you first met Jeff he tried to find out how old you were, right?¶

A. Not when we first introduced each other; when we get upstairs, then, yes.¶

Q. During the massage Jeff asked you how old you were, correct?¶

A. Yes, yes.¶

Q. Now hadn’t you already told Jeff’s assistant, the one who walked you upstairs, that you went to college and had just moved down here from Ohio?¶

A. I never spoke to the lady.¶

Q. Do you want to rethink that answer?¶

MR. LEOPOLD: Is that a question?¶

BY MR. TEIN:¶

Q. Do you want to rethink that answer?¶

A. No. I didn’t really speak with her that much.¶

Q. Do you want to try to refresh your memory on that?¶

MR. LEOPOLD: Do you have something to refresh her memory with?¶

MR. TEIN: Do you want to stop making speaking objections?¶

MR. LEOPOLD: No. But to refresh someone’s memory, you show them a document.¶

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MR. TEIN: I know how to do this.¶

MR. LEOPOLD: Then show her a document.¶

MR. TEIN: Stop speaking.¶

MR. LEOPOLD: I’m not going to stop speaking. I’m going to continue to make the record.¶

MR. TEIN: You’re obstructing. Please stop.¶

MR. LEOPOLD: I’m not obstructing. But if you want to refresh her recollection, you need to show her something.¶

That’s not a proper question. I object to the foundation and the predicate of that question.¶

MR. TEIN: Are you done?¶

MR. LEOPOLD: I am now. Thank you.¶

BY MR. TEIN:¶

Q. Do you want to try to refresh your memory as to whether you had any conversation with the woman who walked you upstairs in Epstein’s house in which you told her that you went to college and had just moved down from Ohio?¶

MR. LEOPOLD: Objection. Object to the form of the question. Lack of foundation and predicate.¶

BY MR. TEIN:¶

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Q. You can answer the question.¶

A. Sure.¶

Q. Is there anything that would refresh your memory that in fact you told Mr. Epstein’s assistant, the one who walked you upstairs, that you went to college and you had just moved down here from Ohio?¶

A. I don’t remember saying that, but if you — I don’t remember saying that myself, so —¶

Q. That would be a lie, right?¶

A. No. I really don’t remember.¶

Q. So you told Jeff that you were 18 years old, correct?¶

A. Yes.¶

Q. Do you remember Detective Michelle Pagan of the Police Department, Palm Beach Police Department?¶

A. Yes.¶

Q. Do you remember you spoke to her?¶

A. Yes.¶

Q. Do you remember that you told Detective Pagan that when you lied about your age to Jeff you said it really fast because you didn’t want to make it sound like you were lying?¶

A. I don’t remember the words exactly, but I do remember telling her I told him I was 18.¶

Q. And do you remember telling Detective Pagan¶

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that when you lied to Epstein about your age that you said it really fast so Epstein wouldn’t realize you were lying?¶

A. No, I don’t remember saying those words exactly to her. I remember telling her that I told Epstein I was 18.¶

Q. Does it sound right to you that you told Detective Pagan that you said your age really fast to Epstein —¶

MS. BELOHLAVEK: Objection. Asked and answered.¶

BY MR. TEIN:¶

Q. — so he wouldn’t think that you were lying?¶

MR. LEOPOLD: Objection. Asked and answered, lack of foundation, mischaracterization of her earlier testimony. She’s already answered that question.¶

BY MR. TEIN:¶

Q. You can answer it.¶

MR. LEOPOLD: Same objection. It’s been asked and answered.¶

You can answer. I’ve made the objection.¶

THE WITNESS: I forget the question, now.¶

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BY MR. TEIN:¶

Q. Let me put it again.¶

Does it sound right to you that you told Detective Pagan that when you lied about your age to Jeffrey Epstein, you said it really fast because you didn’t want to make it sound like you were lying?¶

MR. LEOPOLD: Objection. Lack of foundation, asked and answered.¶

THE WITNESS: I could have possibly said that, yes.¶

BY MR. TEIN:¶

Q. You didn’t want Mr. Epstein to know that you were lying about your age, right?¶

A. Correct.¶

Q. You didn’t want Mr. Epstein to know that you were not 18 yet, right?¶

A. Correct.¶

Q. You wanted Mr. Epstein to believe that you really were 18, right?¶

Q. Do you remember when Mr. Epstein asked where you went to school?¶

Q. And you told Mr. Epstein you went to Wellington, right?¶

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1	A.	Yes.
2	Q.	Was that the truth?
3	A.	No.
4	Q.	In fact, you went to Royal Palm, right?
5	A.	Yes.
6	Q.	So you lied to Mr. Epstein again, correct?
7	A.	Yes.
8	Q.	Is Wellington the college that you told
9	Jeff's assistant that you were attending?
10	A.	I don't remember having that conversation
11	with her, so I wouldn't know if that's what I said.
12	Q.	That was a lie, though, wasn't it?
13	MR. LEOPOLD: Objection to the form of the question, lack of foundation. You're making an assumption. She just answered you she can't tell you that.
14	MR. TEIN: Speaking objection. And you well know that, Mr. Leopold.
15	MR. LEOPOLD: She can't answer that question. The way you phrased that question, you're purposely making her not be honest in her testimony. She can't answer a question like that.
16	She doesn't remember. So then you say, "So you were lying." That's improper and you know that.
17	That's not a proper question. And any attorney

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that would do that to a witnesses or to a person that’s sitting in this chair is not acting professionally. You can’t ask a question like that. You can do it, but it’s not proper. And I’m sure you weren’t trained that way, certainly not ethically.¶

MR. LEOPOLD: I’m not going to stop, because the way you’re asking that question is improper and you know it.¶

Q. Ms. Mr. Epstein never asked you to do anything other than massage him, correct?¶

A. Incorrect; because he asked me to take off my bra, so that would be two things he’s asked me to do.¶

Q. Other than asking you to take your bra off, Mr. Epstein never asked you to do anything with him other than massage, correct?¶

MR. LEOPOLD: Objection. Foundation,¶

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predicate.¶

THE WITNESS: Correct.¶

BY MR. TEIN:¶

Q. You told the police, in your words, that you did not whack him off, right?¶

A. Correct.¶

Q. What does that mean?¶

A. Whack, like whacking off?¶

Q. Your term, what does that mean?¶

A. Masturbating.¶

Q. Mr. Epstein never tried at any time to grab your hand, did he?¶

A. No.¶

Q. Mr. Epstein never tried to put your hand anywhere, did he?¶

A. No.¶

Q. At no time did you touch Mr. Epstein’s penis, did you?¶

A. No.¶

Q. And he did not touch you, correct?¶

A. Incorrect.¶

Q. Well, you told the police, “At no time did he touch me.” Were you lying to the police then?¶

A. No. Well, I wasn’t being fully truthful, but I wasn’t lying.¶

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Q. You told the police twice when you spoke to Michelle Pagan that “at no time did he touch me.” Didn’t you say that to the police?¶

A. Yeah.¶

Q. And you’re saying that that was not fully truthful. Is that what you’re saying now?¶

A. Correct.¶

Q. And you’re saying if you’re not fully truthful, that’s not a lie. Correct?¶

A. You took that out of context like really bac. I didn’t mean like that. Touching my legs and — he never kept his hands to himself the entire time. That’s what I’m trying to say.¶

Q. You told the police, “At no times did he touch me.” You agree with that, correct?¶

A. No, I don’t agree with that, because he did touch me.¶

Q. Did you tell the police that he did not touch you, yes or no?¶

A. It’s a possibility, but I do not remember¶

Q. Okay. And you did not have any type of sex with Jeff, correct?¶

A. No.¶

Q. And you did not have any type of oral sex with Jeff, correct?¶

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A. No.¶

Q. No type of intercourse with Jeff, correct?¶

A. Correct.¶

Q. All right. Let’s talk about what happened after the massage was over.¶

A. Okay.¶

Q. After the massage, you told Epstein that you wanted to bring your twin sister back so she could make some money, correct?¶

A. Incorrect.¶

Q. Your twin sister is right?¶

A. Correct.¶

Q. And you love very much, don’t you?¶

A. Yes.¶

Q. And when you left the house you were joking with the other girls, weren’t you?¶

A. Incorrect.¶

Q. Well, when and the other girl in the car that day made their statements to the police they told the police that you were joking afterwards. Are you saying that they were lying to the police about that?¶

A. No. But a question or — questions from like she asked me questions, but it wasn’t joking. She was kind of like in a happy way, like, “Oh, what did you do? What did you do?” Like those kind of¶

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things, but it wasn’t joking about it at all.¶

Q. You joked about it, didn’t you?¶

A. No.¶

Q. You said to that if you did this every weekend you’d be rich, didn’t you?¶

A. No. That’s what told me.¶

Q. You didn’t tell that to MR. LEOPOLD: Objection. Asked and answered.¶

THE WITNESS: No.¶

BY MR. TEIN:¶

Q. After you left Epstein’s house you took the money and you went shopping with and the other girl in the car, correct?¶

A. Incorrect. I didn’t spend any of the money.¶

Q. You went to Marshall’s, didn’t you?¶

A. I went along, yes, but I didn’t —¶

Q. You went shopping with them at Marshall’s, didn’t you?¶

MR. LEOPOLD: Objection.¶

THE WITNESS: I guess you could say that.¶

MR. LEOPOLD: Objection. Lack of predicate and foundation. Mischaracterization of earlier testimony.¶

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BY MR. TEIN:¶

Q. And bought a purse, right? A. Yes. Q. And you were with her the whole time at Marshall’s, correct? A. Yes. Q. Now tell me about when the federal prosecutors told you about getting reimbursed. A. I have no idea what you’re talking about. Q. Tell me about when the federal prosecutors spoke to you about getting money you feel you’re entitled to from Mr. Epstein. A. I don’t know what you’re talking about. Q. Do you know who Marie Villafona is? A. No, sir. Q. Did you ever meet with any federal prosecutors? A. I think — yeah. I think they were — I think they were like FBI. Q. Uh-huh. Did you meet with federal prosecutors? A. They came to my house one time, yes. Q. When did they come to your house? A. Very long ago. Q. Was it this year, 2008?¶

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A. It was not this year, no.¶

Q. Was it 2007?¶

A. I’d have to say at least two years ago or a year ago, yeah. So it would be 2007, 2006; but it was a while ago.¶

Q. How many federal prosecutors or FBI agents came to your house?¶

A. I’m trying to remember. I want to say four people came.¶

Q. Did they give you their business cards?¶

A. If they did, I don’t remember, and they weren’t toward me. Maybe my parents have them. I don’t know.¶

Q. Did they give you their cell phone numbers?¶

A. No.¶

Q. Did you ever speak to them on their cell phones?¶

Q. Do you know whether they spoke to your parent’s?¶

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A. No, sir.¶

MR. LEOPOLD: Objection. Asked and answered.¶

BY MR. TEIN:¶

BY MR. TEIN:¶

Q. So if I say the name to you Marie Villafona, you don’t know who that is?¶

A. No, sir.¶

Q. How many women and how many men came to your house?¶

A. I want to say two ladies and two guys.¶

Q. Did someone named Jeffrey Sloman come to your house?¶

A. I don’t know names, sir.¶

Q. Do you know who Jeffrey Sloman is?¶

A. No, sir.¶

Q. Do you know who Jeffrey Herman is?¶

A. Yes.¶

Q. That’s the lawyer who first sued Epstein on your behalf, right?¶

A. Yes.¶

Q. Has Mr. Herman advanced your family any money?¶

MR. LEOPOLD: Any conversations that you’ve had with Mr. Herman regarding that issue, you are not to disclose. If you’ve learned in some other¶

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THE WITNESS: Okay.¶

I wouldn’t know.¶

BY MR. TEIN:¶

Q. You don’t know?¶

A. No.¶

MR. LEOPOLD: Objection. Foundation.¶

Attorney/client privilege.¶

BY MR. TEIN:¶

Q. And you say you don’t know who Jeff Sloman is?¶

A. No, sir.¶

Q. Does it refresh your recollection that he’s the number two prosecutor at the U.S. Attorney’s Office?¶

A. No.¶

Q. That he’s Marie Villafona’s boss?¶

A. No.¶

Q. Does it refresh your memory that he’s the ex-partner of Jeff Herman, the first lawyer who sued you — sued Mr. Epstein on your behalf for fifty million dollars?¶

A. No, sir. I don’t know who he is.¶

Q. Without telling me any conversations that you’ve had with your lawyers, how is it that you selected Mr. Herman as your lawyer from the 81,000 members of the¶

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Florida Bar?¶

A. I did not select him.¶

Q. Who did?¶

A. My father.¶

Q. Did you ever meet Mr. Herman?¶

A. Once.¶

Q. Don’t — don’t tell me what you discussed with him. Where did you meet him?¶

A. I was shopping in my — he showed up at my friend’s house.¶

Q. Whose house?¶

A. My friend¶

Q. Is that from the Quarterdeck Tavern?¶

A. Yes.¶

Q. And did you have a meeting with him at house?¶

A. Yes. I guess you could say that.¶

Q. And who else was there?¶

A. My Aunt¶

Q. And what was that meeting about?¶

MR. LEOPOLD: Objection. That calls for attorney/client privilege.¶

BY MR. TEIN:¶

Q. What discussions did you have with¶

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Mr. Herman in the presence of A. None.¶

Q. What discussions did you have in the presence of her aunt?¶

A. The only one that we’ve ever discussed or ever had.¶

Q. And so you were in a conversation with Mr. Herman and your aunt?¶

Q. And you discussed privileged matters during that conversation?¶

MR. LEOPOLD: Object to the form. I think you might have to educate her on that question.¶

BY MR. TEIN:¶

Q. Did tell you about any conversations that she had with Mr. Herman?¶

A. As far as I’m concerned, she’s never spoken or she’s never had a conversation. She only opened the door and then left. She’s the one who answered the door.¶

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Q. Why did the meeting take place at house? A. I spent the night that night at her house. Q. And when was this? A. A while ago. Q. How long ago? A. A month and a half ago. I’m guessing. Q. A month and a half ago? A. Uh-huh. Q. So was it before of after Mr. Herman filed the fifty-million-dollar lawsuit against Epstein? A. After. Q. Did you meet with an FBI agent named Nesbitt Kurkendall, a woman? A. I don’t know. Q. Did Ms. Kurkendall speak to you about getting reimbursed from Mr. Epstein? A. I’ve never had a discussion with anyone about getting reimbursed from Mr. Epstein. Q. Have you met with an agent named Jason Richards? A. Not to my knowledge. Q. How about an agent named Tim Slater? A. No, sir. Q. How about an agent named Junior Ortiz?¶

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A. No.¶

Q. And we’ve learned that many of the girls, some of whom are as old as 23, were told by the government that they would get money at the end of the criminal prosecution. Does that sound familiar to you?¶

Q. Other than Mr. Leopold here — I’m not asking about Mr. Herman either —¶

Q. — did anyone ever discuss with you that you could get reimbursement for your damages?¶

A. No, sir.¶

Q. Did you or any member —¶

MR. LEOPOLD: Are you referring to a criminal matter or a civil matter?¶

BY MR. TEIN:¶

Q. Did you or any member —¶

MR. LEOPOLD: Excuse me. Let me object to the form of the question.¶

Q. Did you or any member of your family ever get a victim notification letter from anyone?¶

A. I no longer live at that residence and I wouldn’t know.¶

Q. So your testimony is that you have never¶

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received a victim notification letter, correct?¶

Q. And your testimony is that you don’t know if your parents have ever received a victim notification letter, correct?¶

A. Correct.¶

Q. Have you given any evidence to prosecutors or law enforcement in this case?¶

A. What do you mean by evidence?¶

Q. Well. Anything that you can touch or feel.¶

A. No.¶

MR. LEOPOLD: Objection to the form of the question.¶

BY MR. TEIN:¶

Q. So you haven’t given anything physical —¶

A. No.¶

Q. — any item to any prosecutor, police officer or law enforcement agent, correct?¶

A. My cell phone four years ago or three years ago, but that’s it.¶

Q. You gave your cell phone to whom?¶

Q. You gave it to her and then you didn’t get¶

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it back at the end of the meeting? A. No. They — yeah. No. They have it. I’m guessing. I don’t have it. Q. How much money are you hoping to get out of Mr. Epstein? MR. LEOPOLD: Objection to the form of the question. Attorney/client privilege.¶

BY MR. TEIN: Q. How much money are you hoping to get, you, yourself, hoping to get out of Epstein? MR. LEOPOLD: Same. Same objection, attorney/client privilege. Don’t answer the question.¶

BY MR. TEIN: Q. I’m not asking about what your lawyer told you. MR. LEOPOLD: I’m instructing her not to answer the question, because any of those conversations involve her counsel. MR. TEIN: Certify that. MR. LEOPOLD: Please.¶

…CERTIFIED QUESTION…¶

BY MR. TEIN: Q. Now, you lied to get out of this deposition, didn’t you?¶

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A. No, sir.¶

Q. You didn’t want to come to court today and tell the story that you had told to the police under oath, did you?¶

MR. LEOPOLD: Object to the form of the question. Lack of foundation, predicate.¶

Q. And to avoid getting served with a lawful subpoena, you lied about your name, didn’t you?¶

THE WITNESS: No. I have no problem coming here and talking to you.¶

A. No.¶

BY MR. TEIN:¶

Q. And in fact, just lying yourself wasn’t enough, was it?¶

MR. LEOPOLD: Objection to the form of the question.¶

Object to the form of the question. Lack of foundation.¶

MR. TEIN: Are you instructing her not to answer?¶

22 MR. LEOPOLD: I am.¶

MR. TEIN: Certify it.¶

MR. LEOPOLD: Please.¶

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BY MR. TEIN:¶

Q. You asked your co-workers —¶

MR. LEOPOLD: It’s vague and ambiguous.¶

BY MR. TEIN:¶

Q. You asked your co-workers at the Quarterdeck Tavern to lie for you, didn’t you?¶

A. No. I informed my boss about what was going on and he told me that he would help in any way that he can.¶

Q. Okay. You got your friend to lie by switching name tags with you, correct?¶

A. Incorrect. It was a coincidence that same night she was not wearing her name tag; she was wearing mine. But I was also not wearing — I was wearing my name tag. Everyone switches name tags. It just so happens it was a coincidence that same night the people came with the papers.¶

MR. TEIN: Will you put up Exhibit 18-001?¶

MR. GOLDBERGER: And mark 18-001 for identification purposes to this deposition.¶

MR. LEOPOLD: None of them have been marked yet. Can we mark them and put them as attachment to the depositions? Because I think you’ve shown three photos now. And this is the only one that¶

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Q. your friend, who you say the day that the process servers went to serve you with a subpoena for this deposition, just happened — just by coincidence, was wearing your name tag?¶

A. Yes, sir.¶

Q. And just by coincidence, you were wearing her name tag, correct?¶

A. Yes.¶

Q. Your testimony under oath is that’s just a coincidence, right?¶

A. Total honesty.¶

Q. It just happens to be the day that you were going to be served with a subpoena, correct?¶

A. That wasn’t the first day that —¶

MR. LEOPOLD: just answer the question. It calls for a yes or no.¶

THE WITNESS: Yes.¶

BY MR. TEIN:¶

Q. You said that wasn’t the first day you were going to be — you thought you were being served with a subpoena, correct?¶

A. Correct.¶

Q. You knew before the day that you switched name tags with that the process servers were¶

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looking for you, didn’t you?¶

MR. LEOPOLD: Just answer it. It calls for a yes or no.¶

THE WITNESS: Okay. No.¶

BY MR. TEIN:¶

Q. Now you can explain the answer that your counsel stopped you from explaining.¶

A. Okay. I work at Quarterdeck and people were telling me that people were looking for me. So yes, I was aware that people were searching for me. But I had no idea who they were or what their intentions were. But I thought they were just people I didn’t want to talk to. So I just didn’t want to talk to them. And every time they’d come to work I wasn’t there. And so happens the night that they came in me and my friend switched name tags. No big deal.¶

Q. That’s a lie, isn’t it?¶

MR. LEOPOLD: Objection. Don’t answer that question. That’s harassment and I will not allow it. He could ask the questions and we’ll allow a jury to make that determination, but not counsel.¶

I will not allow her to answer that question.¶

MR. TEIN: Certify it.¶

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MR. LEOPOLD: I’ll certify it.¶

She’s answered that question. She’s explained it five times already. The fact that Counsel doesn’t like the answer, that’s a different query.¶

MR. TEIN: Stop making speaking objections.¶

MR. LEOPOLD: I’m not. I’m not going to put up with it, because it’s in appropriate, Jack, and you know it. I will not allow Counsel to berate a witness, whether it’s in a criminal case or a civil case, whether my client or —¶

MR. TEIN: Calm down.¶

MR. LEOPOLD: Excuse me.¶

No, I’m not going to allow it. That is not proper.¶

MR. GOLDBERGER: Okay.¶

MR. LEOPOLD: If he wants to say that she’s lying after asking it five times and her explaining in great detail, he can do that. But I’m not going to allow her to answer, nor be harassed by him. It’s improper.¶

MR. GOLDBERGER: Okay. But your response that Counsel doesn’t like the question — or doesn’t like the answer — just let me finish.¶

MR. LEOPOLD: Absolutely. I wasn’t going¶

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to interrupt you.¶

MR. GOLDBERGER: Just requires us to say we like the answer to that question. And it’s not you and I or you and Mr. Tein who are testifying here. It’s the witness.¶

MR. LEOPOLD: Fine. But after the sixth time of asking the same question and then coming back and pointing a finger at her and saying, “You’re a liar” —¶

MR. TEIN: That didn’t happen.¶

MR. LEOPOLD: That’s fine. But I’m not going to allow her to answer that question, because she’s answered that same question and has explained it.¶

Now Counsel might be sitting there rubbing his head with a migraine. That’s his problem. But if he can’t ask a question appropriately in a professional manner, we will leave. I will not allow her to be berated like that.¶

MR. GOLDBERGER: Actually, we’re very happy with the answer.¶

MR. LEOPOLD: That’s great.¶

MR. GOLDBERGER: Do you want us to get into that?¶

MR. TEIN: Ted —¶

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MR. LEOPOLD: This is really big stuff that you’re going through. But that’s fine; just ask your question and move on. But do it one time.¶

If you don’t understand it, I’ll let you follow up, but I’m not going to allow you to ask the same question time and again and then call her a liar.¶

Just ask the question, get the answer and move to the next subject matter.¶

MR. TEIN: Ted, I’m sitting right across the table from you.¶

MR. LEOPOLD: Yes, sir.¶

MR. TEIN: Please be quiet. Don’t yell.¶

MR. LEOPOLD: I will not be quiet.¶

MR. TEIN: Stop yelling.¶

MR. LEOPOLD: Lewis, when I’m yelling you’ll know it. I will not —¶

MR. TEIN: My name is not Lewis.¶

MR. LEOPOLD: I thought your first name was Lewis, Mr. Tein.¶

MR. TEIN: You watched me for three days at the evidentiary hearing where you sat in the back of the courtroom. You should know who I am.¶

MR. LEOPOLD: Well, that’s the impression you must have made in the courtroom.¶

I will not be quiet.¶

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MR. TEIN: That’s obnoxious. Stop being obnoxious. It’s stupid. Let’s go ahead with the questions.¶

Q. Okay. after you told your manager at the Quarterdeck Tavern everything that was going on and he told you he would help you any way he could, he hid you in the kitchen from the process servers, correct?¶

A. Incorrect.¶

Q. Isn’t it true that lying to avoid service is a meaningless lie to you,¶

A. Incorrect.¶

Q. What is your manager’s name?¶

A. I have three. Would you like to know all —¶

Q. Who’s the one who lied for you?¶

A.¶

Q. And what did do to lie for you?¶

A. Said I wasn’t there.¶

Q. And who did he tell wasn’t there?¶

A. Ask him.¶

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Q. Where were you when told this someone that you were not at the Quarterdeck Tavern?¶

A. Eating nachos.¶

Q. At the Quarterdeck Tavern?¶

A. Yes.¶

Q. What did you do so that would lie to the process servers for you?¶

A. Nothing.¶

Q. You just got him to lie for you, didn’t you?¶

A. No. I had no influence on him saying I wasn’t there.¶

Q. He took that upon himself?¶

Isn’t it true that Mr. Epstein’s process servers had to ask the police to get you out of the restaurant so that they could serve you?¶

MR. LEOPOLD: Objection. Lack of foundation, predicate.¶

BY MR. TEIN:¶

Q. You can answer the question.¶

MR. LEOPOLD: If you know. Don’t guess.¶

THE WITNESS: No. Can you repeat the question?¶

MR. TEIN: Don’t coach.¶

MR. LEOPOLD: Don’t guess.¶

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MR. TEIN: That’s a coaching.¶

MR. LEOPOLD: No. That’s an instruction to the client.¶

MR. TEIN: No. You don’t do that.¶

THE WITNESS: Can you repeat the question?¶

MR. LEOPOLD: Let me just state for the record —¶

BY MR. TEIN:¶

Q. Once the police — isn’t it true that Mr. Epstein’s process servers had to ask the police to get you out of the restaurant so that they could serve you?¶

A. Incorrect. My boss called the police.¶

Q. And once the police showed up, to stop you from lying to avoid service, you made up another lie that the process servers had harassed you. Isn’t that correct?¶

A. Incorrect.¶

Q. You lie all the time, don’t you?¶

MR. LEOPOLD: Objection.¶

THE WITNESS: Incorrect.¶

BY MR. TEIN:¶

Q. You have a MySpace page, don’t you?¶

A. No longer do I have a MySpace page. I deleted it.¶

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Q. When did you delete your MySpace page?¶

A. A couple days ago.¶

Q. Who told you to take your MySpace page down a couple of days ago?¶

A. Nobody. I’m sick and tired of MySpace.¶

Q. You all of a sudden got sick and tired of MySpace and just a few days before this deposition you decided to delete your MySpace page, correct?¶

A. Correct.¶

Q. Is that your testimony under oath?¶

A. Yes.¶

Q. Did you take your MySpace page down because you thought the government might subpoena it?¶

A. Incorrect.¶

Q. Hadn’t your MySpace page been up for over three months before you took it down?¶

A. Correct. But I also had made tons of MySpaces over the last years. I just get tired of them and delete them because — drama — and make new ones.¶

Q. We’re going to talk about that.¶

So you deleted your MySpace page after you were already under subpoena for this deposition, correct?¶

A. Correct.¶

Q. What about the MySpace page didn’t you want us to see,¶

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A. Nothing.¶

Q. Well, we’re going to come back to MySpace in a second.¶

A. You do that.¶

Q. I’m going to ask you some questions about why you lie about your age so often, okay?¶

MR. LEOPOLD: Objection to the form.¶

Argumentative.¶

BY MR. TEIN:¶

Q. You lie about your age all the time, don’t you?¶

MR. LEOPOLD: Objection, argumentative.¶

THE WITNESS: Incorrect.¶

BY MR. TEIN:¶

Q. You lie about your age to get body piercings, don’t you?¶

A. Incorrect.¶

Q. You have body piercings, don’t you?¶

A. Yes.¶

Q. You have four body piercings; isn’t that right?¶

A. Five.¶

Q. Other than the piercings on your ears — I’m not talking about that —¶

A. Oh, then no; just one.¶

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A. Belly.¶

Q. And where is the one body piercing?¶

A. For my birthday, with my stepmother and my father.¶

Q. When did you get that?¶

Q. And when was that?¶

A. When I was 14.¶

Q. Okay. So you had that body piercing when you met Epstein, correct?¶

A. It might have been, or maybe that — yeah, either my 14th birthday or my 15th. I honestly don’t remember.¶

Q. Now you’ve lied about your age to get into bars by using driver’s licenses that aren’t yours, correct?¶

A. Incorrect.¶

Q. Are you swearing under oath that you’ve never done that?¶

A. Yes, I swear under oath.¶

Q. And you’ve lied about your age to buy beer, correct?¶

A. Incorrect.¶

Q. You’re swearing under oath that you’ve never lied to stores about your age?¶

A. I’ve never lied to a store about my age or¶

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anything.¶

Q. You try to look much older than you are, don’t you?¶

A. Incorrect.¶

Q. And you’ve lied about your age on your MySpace pages, don’t you?¶

A. Incorrect.¶

Q. All right. Let’s look at Exhibit 26-01 one.¶

MS. BELOHLAVEK: 26-001?¶

MR. TEIN: Yes.¶

BY MR. TEIN:¶

Q. On this page you lied to everyone that you were 18, didn’t you?¶

A. Correct.¶

Q. Let’s go to Exhibit 33.¶

MS. BELOHLAVEK: That’s 33-001?¶

TEIN: Correct.¶

BY MR. TEIN:¶

Q. On this page you lied to everyone that you were 19, didn’t you?¶

A. Incorrect.¶

MR. LEOPOLD: Just answer the question.¶

THE WITNESS: Oh, incorrect.¶

BY MR. TEIN:¶

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Q. Now you can explain your answer.¶

A. I know that I have seen all of these and I know that this one is mine.¶

Can you go down?¶

MR. LEOPOLD: Just for the record, you’re pointing to the photo.¶

THE WITNESS: I’m pointing to —¶

BY MR. TEIN:¶

Q. You’re pointing to the one where it says your age is 18?¶

A. Correct.¶

Q. That’s yours, right?¶

A. Correct. That’s mine from a couple years ago that I have not been on, because I don’t use that. Please keep going down, please. And I think that’s it, because there’s no one — just that one is mine.¶

Q. So the one you pointed to where it says your age is 18, that’s yours, correct?¶

A. Correct.¶

Q. And when you wrote 18 as your age on your MySpace page, that was a lie, wasn’t it?¶

A. Correct.¶

Q. Did you lie about your MySpace page back then because you couldn’t post on MySpace unless you were 18?¶

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A. Correct. There was a rule many years ago that you had to be 18 to have a MySpace.¶

Q. So you lied about your age so you could post on MySpace, right?¶

A. Yes.¶

Q. Let’s go back to the top one on this page, 33-01.¶

Are you testifying now under oath that this MySpace page where the headline says, “Twins do have more fun,” and the location is given as Lox, abbreviation for Loxahatchee, and the age is 19, and it says¶

is it your testimony that you did not post that?¶

A. Correct.¶

Q. Now let’s go back to the one that you were pointing to before on this page, where it says your age is 18 and you lied about your age to post MySpace, okay?¶

A. Uh-huh, yes.¶

Q. All right. Why did you finally put your true age on your MySpace profile four days before you were scheduled to testify before the Grand Jury?¶

A. I don’t know what you’re talking about.¶

MR. LEOPOLD: If you don’t understand, ask him to ask the question again.¶

MR. TEIN: Don’t coach.¶

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THE WITNESS: I don’t know which MySpace you’re talking about.¶

BY MR. TEIN:¶

Q. The MySpace page that you’re just pointing to, where it says you were 18.¶

A. Yes.¶

Q. And you were lying about your age, right?¶

A. Uh-huh.¶

Q. Why did you finally post your true age on your MySpace profile —¶

A. Uh —¶

Q. — four days before you were scheduled to testify before the Grand Jury?¶

A. I honestly don’t know which MySpace, because I’ve had like a bazillion MySpaces, and in that year, I had two, that one and another one, and that one’s been deleted. So I don’t know which one you’re referring to.¶

Q. You remember that you changed your age on your MySpace page from 18 to your true age just four days before you went and testified in the Grand Jury?¶

A. No.¶

Q. You don’t remember that.¶

A. No.¶

Q. Do you remember Detective Recarey? Did you¶

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ever meet a Detective Recarey?¶

A. I don’t know the names.¶

Q. How many different detectives have you met with on this case from Palm Beach?¶

A. Probably a good six or seven, maybe.¶

Q. Did one of the detectives tell you before you testified in the Grand Jury that you should take your MySpace age and put your true age?¶

A. No.¶

Q. Didn’t Detective Recarey have to come to your house to pick you up to get you to testify in front of the Grand Jury?¶

A. Possibly; maybe because I didn’t have a rice; I was only 14 or 15 at the time.¶

Q. Your mom didn’t drive you?¶

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THE WITNESS: No. I’m pretty sure my dad drove me, because he was there with me.¶

BY MR. TEIN:¶

Q. Did any detective tell you to change your age on your MySpace page, to put your true age?¶

A. No, sir.¶

Q. Now you also lied on your MySpace page about your income, didn’t you?¶

A. Yes.¶

Q. And you lied, saying that you made a quarter million dollars a year and higher, correct?¶

A. As a joke, yes.¶

Q. That was a lie, wasn’t it?¶

A. Yes.¶

Q. And you also lied on your MySpace page, saying that you were married, didn’t you?¶

A. Possibly. And that might have been an error on my part.¶

Q. Now you also lie to the police, don’t you?¶

A. No.¶

Q. Well, you lied to the police in your tape-recorded statement that you gave to Detective Michelle Pagan three years ago, didn’t you?¶

A. To my knowledge, no, I did not.¶

Q. Well, you lied to the police when you¶

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accused Mr. Epstein of attempting to murder your father, didn’t you?¶

A. No. I never heard a statement saying that Mr. Epstein tried to murder my father.¶

Q. You made that statement, didn’t you?¶

MR. LEOPOLD: Do you have a statement to show her? That’s been asked and answered.¶

MR. TEIN: I’m sorry. I didn’t hear the witness’ answer, Mr. Leopold.¶

BY MR. TEIN:¶

Q. you told the police, didn’t you,¶

that Mr. Epstein almost killed your father, didn’t you?¶

A. No.¶

Q. Three years ago, before Mr. Epstein even knew about this investigation, you told the police that Epstein had “already come to my dad’s house and did something to my dad’s tires and my dad almost died. I didn’t want my dad to get hurt, because Jeff already almost killed him.”¶

Didn’t you say that?¶

A. Not to my knowledge or recollection. I have never said anything like that.¶

Q. That would have been a complete lie, wouldn’t it have been?¶

A. Yeah.¶

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