Draft: efta02765145

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

CASE NO.: 502009CA040800XXXXMBAG¶

JEFFREY EPSTEIN,¶

Plaintiff,¶

vs.¶

SCOTT ROTHSTEIN, individually, 1 L.M., individually, individually, and¶

Defendant,¶

MOTION IN LIMINE TO LIMIT THE INTRODUC&N ALLEGED TO SUPPORT EPSTEIN'S CLAIMS AGAINST.¶

Counter-Plaintiff J. by and through undersigned counsel, hereby files this Motion in Limine to Lim' Ihti ction of Evidence alleged to support Epstein's claims against to er tpon which it is established that Epstein reasonably relied in filing or continuing thirtose ion of claims against M, and as grounds therefor states as follows:¶

• I. Epstein's counsel has made it abundantly clear that Epstein, as a party, will neither N be appearing not testifying at trial.
• 2. Epstein filed his malicious lawsuit against on December 7, 2009, and evidence unknown to Epstein at the time of his filing could not possibly have supported probable cause.
• 3. Epstein was deposed on March 17, 2010 and was questioned extensively regarding probable cause.

privilege. 4. The date of that deposition is the cut-off for any information Epstein's counsel can allege that their client relied upon in either instituting or continuing the lawsuit against M, since the deposition is the only possible source of testimony from the absent party, and because Epstein effectively precluded discovery into the probable cause issue through by aertions of S¶

adv. Epstein Case No. 502009CA0408003OCaMBAG Motion in Limine to Limit the Introduction of Evidence Alleged to Support Epstein's Claims Against¶

5. Therefore, absent Epstein's testimony at trial and ass dmission of his deposition testimony, the only information that Epstein's counsel presumption that he lacked probable cause for instituting continuing the lawsuit is the information that Epstei 2010 deposition. A review of the deposition tran sources of information: (1) newspapers'; Complaint"; and (5) the Decembert o, troduce to rebut the t on December 7, 2009 and o relying upon at his March 17, Is that Epstein mentioned the following ; (3) Bob Norman's blog3; (4) the "Scherer ctment against Rothstein. Of course, not a single one of these sources of information n the name or implies that had any connection wha ver to othstein's illegal activities.

6. Eps ( tc is 6 fore barred from introducing any other evidence, including any evidence that ot covered or learned until after March 17, 2010, as purported support for his prob to institute or continue the lawsuit against . This would include, but would not limited to, online news articles and any discovery obtained after March 17, 2010

Eg" 3/17/10 Dep. Tr. at 67:14-21 (Epstein only mentioned that he read about Rothstein's Ponzi scheme in "newspapers" generally. He did not identify specific newspapers. More importantly, he did not mention reading any online news articles, which prevents the introduction of or reference to any such articles at trial.)¶

² See 3/17/10 Dep. Tr. at 67:14-21 (also a general reference).¶

ate 3/17/10 Dep. Tr. at 39:7-10.¶

ag, 3/17/10 Dep. Tr. at 53:6-21.¶

⁵Es, 3/17/10 Dep. Tr. at 53:6-19¶

adv. Epstein Case No. 502009CA040800XXXXMBAG Motion in Limine to Limit the Introduction of Evidence Alleged to Support Epstein's Claims Against¶

from the RRA bankruptcy trustee, such as RRA firm emails. Epstein cannot claim to have relied upon this information after it was provided by his attorneys either, as Epstein has not raised the advice of counsel defense and has instead maintained his attorney-client privilege precluding discovery into all communications between Epstein and his attorneys. t ore has had no ability to cross-examine Epstein on this issue. Having chosen to block disc lZa ry into sources of information upon which Epstein might have relied, Epstein is prevented, er through crossexamination or otherwise, from attempting to introduce evidence o probable cause through any documents or evidence that Epstein has not prey testified to relying upon in support of his lawsuit.¶

7. Regarding Epstein's failure to d e of counsel as a defense, Epstein should be barred from introducing any deposition e ti or interrogatory answers to which he invokes attorney-client privilege. IMM 'e iling dated December 4, 2017, attached hereto as Exhibit 'A', outlines the disc ery nses at issue. The reason to preclude Epstein from introducing any of this ' ence is simple: by invoking attorney-client privilege to questions regarding what Epstein reli upon to support probable cause to institute and continue the civil ( proceeding a finding ards, Epstein implies that his lawyers provided information to support a e cause. However, Epstein has declined to raise advice of counsel as a defense and has continued to assert attorney-client privilege, therefore barring from testing this assertion. Epstein's conduct is therefore a classic example of using a privilege as both a shield and a sword, which is barred under black-letter Florida law. E.g. Savino v. Luciano. 92 So. 2d 817, 819 (Fla. 1957).

adv. Epstein Case No. 502009CA040800XXXXMBAG Motion in Limine to Limit the Introduction of Evidence Alleged to Support Epstein's Claims Against¶

8. In tandem with this request, further requests that the Court bar Epstein from any commentary regarding the reputation of Epstein's attorneys or the fact that the lawsuit was filed by attorneys, references that are clearly irrelevant for any purpose except to suggest that the filing and continued prosecution of claims against was the decis..:, .,r respected attorneys upon whom Epstein relied. Any such argument is a nefarious attem implicitly raise advice of counsel as a defense, and is a classic sword-shield argument (") ha ed under Florida law. See id.

WHEREFORE, Counter-Plaintiff Edwar Ily requests that the Court enter an Order granting this Motion in Limine to Li trOduction of Evidence Alleged to Support Epstein's Claims against Edw I as awarding any such further relief as the Court deems just given the circumst¶

t I HEREBY CERTIFY that e correct copy of the foregoing was sent via E-Serve to all Counsel on the attached I* thi d. of March, 2018.¶

Is/ David P. Vitale, Jr.¶

JACK SCAROLA Florida Bar No.: 169440 DAVID P. VITALE JR. Florida Bar No.: 115179 Attorney E-Mail(s): jsx@searcylaw.com; and mmccann@searcylaw.com Primary E-Mail: _scarolateam@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: 561-383-9451 Attorneys for J.¶

[REDACTED] adv. Epstein
Case No. 502009CA040800XXXXMBAG
Motion in Limine to Limit the Introduction of Evidence Alleged to Support Epstein's Claims
Against [REDACTED] [REDACTED]¶

COUNSEL LIST¶

Scott J. Link, Esq.
Link & Rockenbach, P.A.
Scott@linkrocklaw.com
Kara@linkrocklaw.com
1555 Palm Beach Lakes Boulevard
Suite 301
West Palm Beach, FL 33401
Phone: 561-727-3600
Fax: 561-727-3601
Attorneys for Jeffrey Epstein¶

Jack A. Goldberger, Esquire
jgoldberger@agwpa.com; smahoney@agwpa.com
Atterbury Goldberger & Weiss, P.A.
250 Australian Avenue S, Suite 1400
West Palm Beach, FL 33401
Phone: (561)-659-8300
Fax: (561)-835-8691
Attorneys for Jeffrey Epstein¶

Nichole J. Segal, Esquire
njs@FLAppellateLaw.com; kbt@FLAppellateLaw.com
Burlington & Rockenbach, P.A.
444 W Railroad Avenue, Suite 350
West Palm Beach, FL 33401
Phone: (561)-721-0400
Attorneys for Bradley J. [REDACTED]¶

[REDACTED] J. Edwards, Esquire
staff.efile@pathtojustice.com
425 N Andrews Avenue, Suite 2
Fort Lauderdale, FL 33301
Phone: (954)-524-2820
Fax: (954)-524-2822¶

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

CASE NO.: 502009CA040800XXXXMBAG¶

JEFFREY EPSTEIN,¶

Plaintiff,¶

vs.¶

SCOTT ROTHSTEIN individually, J. , individually, and L.M., individually,¶

Defendants.¶

cos¶

NOTICE OF FILING DEPOSITION TRANSC RESPONSES BY JEFFREY EPSTEIN IMPLC- 's, RPTS AND DISCOVERY HE FIFTH AMENDMENT¶

Counter-Plaintiff, y d As: s through undersigned counsel, hereby files this Notice of Filing Deposition Transcript..,Excerpts and Discovery Responses by Jeffrey Epstein Implicating the Fifth Amendment' ndras \grounds therefor states as follows:¶

Summary¶

At the Novembet l os,017 pre-trial hearing, the Court requested that Counter-Plaintiff J. Edwar specifi Ily identify the discovery responses provided by Jeffrey Epstein that implicate th Pt endment privilege. This Notice of Filing outlines the specific questions and answers s in's March 17, 2010 and January 25, 2012 deposition testimony in which Epstein raised the rivilege, and which proffers for introduction at trial. This Notice of Filing further provides citations to Epstein's Answers to Interrogatories dated September 16, 2010 and¶

At times, Epstein also raised his Sixth and Fourteenth Amendment Rights. For ease of review, simply refers to the Fifth Amendment privilege against self-incrimination.¶

¶

December 21, 2012, and responses to Requests for Admission dated February 26, 2013 which¶

also proffers for introduction at trial.¶

I. MARCH 17, 2010 DEPOSITION cos¶

a. Page 8, Lines I 1-19¶

Q. When and under what circumstances did you first meet the individual referenced by the initials L.M,?¶

A. Mr. Scarola, 1 think you are aware these questions are simply designed to have me invoke my F, Amendment, Sixth Amendment and 14th Amendme, relation to other questions and other cases filed. But in response to your question, I'm going ?tos e have to invoke my right not to testify.¶

b. Page 8, lines 20-25¶

Q. Do you know the individualCI L.M., identified by the initials 9¶

A. Mr. Scarola, a answer that que Counsel, question. -- 1 would like to owever, today, on advice of ave to refuse to answer that¶

Q. Have you ever acknowledged in presence that you liked L.M.?¶

A. Again, Mr. Scarola, I'm going to have to invoke my Fifth, Sixth and 14th Amendment Right.¶

d. Page 12. lines 2-13¶

Q. Have you ever acknowledged in the presence of Terri Becker, a court reporter present at a deposition taken by Brad in a -- in a case in which the individual identified by the initials L.M. was a Plaintiff that you knew and/or liked —¶

MR. PIKE: Form.¶

THE WITNESS: Again, —¶

BY MR. SCAROLA: Q. - L.M.?¶

MR. PIKE: Same objection.¶

THE WITNESS: Again, I'm going to assert my Fifth, Sixth and 14th A¶

Q. Have you ever owl t ged ill'? in the presence of Steve Jaffe that o ew and/or liked L.M.?¶

A. Agai la, though I'd like to answer each e of your questions today, I'm going to have to, t e advice of Counsel, invoke my Fifth, Sixth and 4th Amendment Right.¶

f. Page 15. lines 13-19¶

Q. Okay. Well, let's -- let me rephrase the question then. Is it your contention that L.M.'s statement to cos¶

e. Page 12. lines 15¶

the FBI was true?¶

A. Sir, on advice of Counsel, at least today, I'm going to have to assert my Fifth, Sixth and 14th Amendment Right.¶

g. Page 15. lines 20-24¶

Q. Was L.M.'s statement to the FBI false in any respect?¶

A. Sir, at least, again, today, on advice of Counsel, I'm going to have to assert my Fifth, Sixth , 14th Amendment Right.¶

h. Pane 17. Line 11-16¶

Q. Did you engage -- ever engagE4n y xual conduct with L.M.?¶

A. I would like to answ today I'm going to have by the Fifth, Six sir. question; however, my rights as provided 14 Amendment to that question,¶

lines 17-22¶

Q. Have you ever exchanged anything of value with L.M.?¶

MR. PIKE: Form.¶

THE WITNESS: At least today, I'm going to have to assert my Fifth, Sixth and 14th Amendment Right, sir.¶

Go¶

j. Page 17-18, lines 24-4¶

Q. Did you ever direct anyone to deliver anything of value to L.M.?¶

MR. PIKE: Form.¶

THE WITNESS: At least today, I'm going to have to refuse to answer that question based on the Fifth, Sixth and 14th Amendment.¶

k. Pane 18, lines 6-10¶

Q. Do you know Carolyn An¶

A. At least today, sir, I'm goin to ha a to refuse to testify about that ques ased on advice of Counsel, I'm going to t Ito assert my Fifth, Sixth and 14th Amendment Ri ?s,¶

I. P es 11-16¶

Q. Did yn introduce you to L.M.?¶

A. Sir, respectfully, I'd like to answer that question today. As I said, I'd like to answer each and every one of your questions. However, on advice of my Counsel today, I'm going to have to assert my Fifth, Sixth and 14th Amendment Right.¶

Go¶

m. Page 18. Line 23 through Page 19, Line 5;¶

Q. Did L.M. suffer any damage as a consequence of any interaction between you and L.M.?¶

MR. PIKE: Form.¶

THE WITNESS: I'd like to answer each and every one of your questions here today, Mr. Scarola; however, on advice of Counsel, today, I'm going to have to assert my Fifth, Sixth and 14th Amendment Right.¶

n. Page 34, Line 23 through Pare 35. Line 11;¶

Q. Specifically what are the alle ations aga you which you contend Mr. gi¶

A. I would like to answer that, many of the files and documents that ted from Mr. and the Rothstein still unavailable.¶

With respect to anything today, I'm, unfortunately, Fifth Amendmenta'ti that, I can point to to have to take the xth and 14th.¶

Q. I want iK know whether when you use the phrase "gin up" and the word "crafted," which you have told us is synonymous with gin up, --¶

A. Yes.¶

Q. — you mean fabricated?¶

A. I'm sorry. On advice of Counsel, sir, and¶

I've answered that question before, but if you didn't hear me the first time, I must assert my Fifth, Sixth and 14th Amendment Right.¶

p. Panes 36-37. lines 10-7¶

Q. What discovery proceedings did Mr. engage in which you contend fonn the basis for your lawsuit?¶

A. The discovery proceedings of bringing my attorneys to various people that had nothing to do with any of his clients or these lawsuits.¶

Q. Which various people? Who?¶

MR. PIKE: Form. ?S'¶

THE WITNESS: For example, he ed "%o se Pl Bill Clinton, strictly as a means publicity so that he and his fi fraudulently steal, craft money uspecting investors in South Florid>wut of millions of dollars.¶

BY MR. SCAR¶

Q. Who els your refe Clinton is included in rious people?¶

A. Ther2 people in California. There are people in ew York.¶

Q. Would you name them for us, please?¶

A. Pm sorry. Sitting here today, Mr. Scarola, Pm going to have to assert my Fifth Amendment, Sixth Amendment and 14th Amendment Right.¶

q. Page 38, lines 23-25 through Page 39. lines 1-6¶

Q. I had asked you earlier whether ginned up and crafted meant fabricated and you asserted your Fifth Amendment privilege.¶

Are you now telling us that there were claims against you that were fabricated by Mr.¶

A. I'm going to again assert my Fifth, Sixth and 14th Amendment Right, sir.¶

I would respond that the newspapers are very clear that the cases were fabricated.¶

r. Page 39, lines 13-20¶

Q. Well, which of Mr. cases do yotic\ contend were fabricated?¶

A. Again, we've requested most of, information from the bankrupt eve been unable -- Mr. has not iven the total file, but respect to any individual, I have — at the moment I would have tort my Fifth, Sixth and 14th Amendment claim, sir.¶

e¶

21-25 through Page 40.1ine 1¶

Q. Soy wt not answer questions about whether the claim behalf of L.M. was fabricated; is that correct?¶

A. I believe I've already answered that, but, if again, I'll have to assert my Fifth, Sixth and 14th Amendment Right, sir.¶

t. Page 40. lines 2-12¶

Q. Your Complaint also makes reference to a claim on behalf of Jane Doe, referred to as Jane Doe versus Epstein, case number 08-CIV-80893, a case pending in the United States District Court for the Southern District of Florida.¶

Is it your contention that the claim on behalf of Jane Doe is a fabricated claim?¶

A. Sir, though I'd like to answer that question, as well as every one of your other questions here today, today I'm going to have to assert my rights as under the Constitution of the Fifth, Sixth and 14th Amendment. A\¶

u. Page 40. lines 17-21¶

Q. Did you ever have personal contac person referred to by the name Jan ?S' in at lawsuit?¶

A. I'm sorry, sir. Sitting here t to have to assert my Fifth, Sixth Right. oing 4th Amendment¶

v. Page es it -25 through Page 41. lines 1-3¶

Q. W as Jane first meet the person referred to¶

A. Sir, though Pd like to answer each and every one of your questions here today, at least with respect to that question, I'm going to have to assert my rights under the Sixth Amendment, 14th Amendment and Fifth Amendment.¶

Cos¶

w. Page 41, lines 4-9¶

Q. Where did you first meet the person referred to as Jane Doe?¶

A. Sir, though I'd like to answer that question here today, at least today on advice of Counsel, I'm going to have to assert my Fifth Amendment, Sixth Amendment and 14th Amendment Right. CO'S-A¶

x. Page 41, lines 10-19¶

Q. How many times have you been in the physical iS 4)C) presence of the person referred to as Jane Doe?¶

A. The person referred to as Jane Doe?¶

Q. Yeah. How many times have you physical presence?¶

MR. PIKE: Form.¶

THE WITNESS: At leas t least sitting here today, Mr. Scarola, I g g to have to assert my Fifth AShdmen Sixth Amendment and 14th Amendment Ri¶

lines 3-13¶

Q. You have alleged in your Complaint that there is a claim on behalf of Jane Doe versus Epstein pending in the Federal District Court of the Southern District of Florida.¶

I would like to know whether you ever had any physical contact with the person referred to as Jane Doe in that Complaint?¶

A. Ah, that Jane Doe. I'm sorry. But sitting here today, Mr. Scarola, I'm going to have to refuse to answer that question based on the Fifth Amendment, Sixth Amendment and 14th Amendment.¶

z. Page 42, lines 13-18 CO '¶

Q. Did you ever exchange any money or gifts with Jane Doe?¶

Amendment, Fifth Amendment and 14th Am en ' ' r?AC) A. Again, Mr. Scarola, sitting here today, Pm going to have to on advice of Counsel assert my Si <N gh.¶

aa. Page 42. lines 19-25 through P, te 1¶

Q. Your Complaint makes refe se styled, E.W. versus Epstein, ca nu r 502008CA028058XXXXMB se pending in the Circuit Court of Palm Beach Co le s"Florida.¶

Do you know wh W. is¶

A. Sitting h have to ante 14th y, Mr. Scarola, 1'm going to ghts as under the Fifth, Sixth and¶

bb. Page 44, Lines 3-7¶

Q. How long have you known E.W.?¶

A. Well, with respect to that question, Mr. Scarola, I'm going to have to assert my Fifth, Sixth and 14th Amendment Rights, though I'd like to answer¶

every, single question you have about E.W.¶

cc. Page 44. lines 8-13;¶

Q. How many times have you been in the physical presence of E.W.?¶

A. I'd like to answer every question about E.W. that you have today, Mr. Scarola; however, on advice of Counsel, Pm going to have to assert my Fifth, Sixth and 14th Amendment Right.¶

dd. Page 44. lines 14-20¶

Q. How old is E.W.?¶

A. I don't know.¶

Q. How old was she when you¶

(<4¶

A. Mr. Scarola, I'm goin have to assert my rights under the Fifth, Six 14th Amendment on advice of Counsel ugh ould like to answer every one of these qu io 0¶

lines 21-25 through Page 45, line 1¶

Q. Did you ever have any physical contact with E.W.?¶

A. Mr. Scarola, once again, I would like to answer each one of your questions here today, but on advice of Counsel I'm going to have to assert my Fifth, Sixth and 14th Amendment Right.¶

ff. Pao 45, lines 2-7 A¶

Q. Did you ever exchange any money or gifts with E.W.?¶

A. Sir, I'd like to answer every question you have about E.W.; however, today, on advice of Counsel I'm going to have to assert my Fifth, sixth and 14th Amendment Right.¶

"S 94A)¶

gg. Page 45, lines 8-16¶

Q. Did you ever cause any money or git be delivered to E.W.?¶

A. Mr. Scarola, as I've answer our questions here today regardin I ould like to answer every question regardin .; however, today, on advice of Counsel, Fm g to have to assert my Fifth, Sixth and 14th Amendm t because though I would choose to do so, en d that if I do so, I risk losing my Co resentation.¶

Q. What is the actual value that you contend the claim of E.W. against you has?¶

MR. PIKE: Form. Relevance.¶

THE WITNESS: Sir, though I'd like to answer every question about E.W. and her claims and the claims of your other people, on advice of Counsel here today, I cannot do so. I must assert my rights under the Sixth, Fifth and 14th Amendment.¶

ii. Page 46, lines 1-15¶

Q. Would your answer be the same with regard to L.M. and to Jane Doe?¶

MR. PIKE: I'm going to instruct you if your answer is the same, to invoke in full.¶

THE WITNESS: With respect to, I believe, Jane Doe -- and who is the other person? I'm sorry.¶

BY MR. SCAROLA:¶

Q. L.M.¶

A. L.M. Though I'd like to answer with respect to all three of Mr. advice of Counsel, at least tod invoke my Fifth, Sixth and 14t Though I'd prefer to ans that if I choose to do so, I representation. tents, on ng to have to ndment Rights. e question, I've been told sing their¶

j.i. lin- 2-17¶

Q. Is there any pending claim against you which you contend is fabricated?¶

4s)¶

A. At least today, sir, I'm going to have to respond by asserting my Fifth, Sixth and 14th Amendment Right.¶

MR. PIKE: Form, also.¶

kk. Page 88. Lines 19-25 through Page 89. lines 1-2¶

private airplane on which you were a passenger? CO .- Q. Did sexual assaults ever take place on a¶

MR. PIKE: Form. Relevance.¶

THE WITNESS: At least -- I would like to answer each and every one of your questions here today, Mr. Scarola. But at least today, I'm going do have to assert my Fifth, Sixth and 14th Amendment Rights as provided by the U.S. \ Constitution. ?s,¶

11. Page 89. Lines 4-10;¶

Q. Does a flight log kept for a by you contain the nam International figures? jet used celebrities, dignitaries or¶

A. At least todayt s m going to have to respectfully ec t answer based on my Fifth, Sixth and 14th t Right, though I'd like to answer that questi¶

mm. Page 89. lines 19-23¶

Q. Have you ever socialized with Donald Trump in the presence of females under the age of 18?¶

A. Though Pd like to answer that question, at least today I'm going to have to assert my Fifth, Sixth and 14th Amendment Right, sir.¶

4044c¶

nn. Page 90, lines 2-7¶

Q. Have you ever socialized with Alan Dershowitz CO .' in the presence of females under the age of 18?¶

MR. PIKE: Form.¶

THE WITNESS: Sir, at least here today, I'm going to have to assert my Fifth Amendment, Sixth Amendment and 14th Amendment Rights.¶

"S C)¶

oo. Page 91. lines 20-25 through Pa ( S>¶

Q. Have you ever socialized with the presence of females under¶

MR. PIKE: Form.¶

THE WITNESS: At least a the typical to the con non of nging cases of a malicious nature his partner sits in jail for this -- just havior, the answer is, today, at st assert my Fifth, Sixth and 14th Right, though I'd like to answer each an very one of your questions, Mr. Scarola.¶

pp. Page 93. Lines 6-16;¶

Q. Did you ever socialize with David Copperfield in the presence of females under the age of 18?¶

A. I'm sure, again, this question is a typical¶

question of Mr. [REDACTED] /Rothstein scheme to defraud investors, asking questions knowing it serves no purpose or relationship relevance to their case whatsoever. At least today, though I'd like to answer that question, on advice of my Counsel, and only on advice of my Counsel, I'm going to have to assert my Fifth, Sixth and 14th Amendment Right.
MR. PIKE: Form as well.¶

qq. Page 95, lines 16-25 through Page 96, lines 1-3¶

Q. Have you ever sexually abused children?¶

MR. PIKE: Form.¶

THE WITNESS: On advice of Counsel, and only upon advice of Counsel, though I'd like to answer that question, as well as every other one of your claims brought by Mr. [REDACTED] and his partner, who currently sits in jail, sir, I would like to answer those questions. But today at least, I have to assert my Sixth Amendment, 14th Amendment and Fifth Amendment Right. Though I'd prefer to answer the question, I'm told by my Counsel that if I choose to do so, which is my preference, I risk losing their representation.¶

rr. Page 97, Lines 23-25 through Page 98, Lines 1-9;¶

Q. Did you have staff members that assisted you in scheduling appointments with underage females; that is, females under the age of 18?¶

A. So along with many of the other claims that the Rothstein firm crafted with malicious claims against people like me and others of a sexually charged nature in order to simply fleece investors out of millions of¶

dollars in South Florida, these types of questions, though Pd like to answer today, at least this specific question, I'm going to have to assert, unfortunately, my Fifth, Sixth and 14th Amendment Right, though I'd prefer to answer the question.¶

ss. Page 104. Line 3-9 through 20;¶

Q. How many minors have you procured for prostitution?¶

iS 5¶

MR. PIKE: Form¶

)¶

THE WITNESS: On advice of Counsel, sir, I'm going to have to assert my Fifth, Sixth and 14 Amendment Right, though I pled guilty to ping a single minor.¶

S LIP'¶

Q. Yes, but my question izis't s C about what you pled guilty to. I just want w how many minors you have procured fo rostitut n.¶

tt. Page 104. lines 11-20¶

MR. PIKE: answered.¶

THE Again, at least with respect to what I'v guilty to, I pled guilty to procuring single minor.¶

With respect to the rest of your question, I'm going to have to assert my Fifth, Sixth and 14th Amendment Rights as provided by my Counsel.¶

uu. Page 106. Lines 7 through 10;¶

Q. I want to know whether you pled guilty because you were, in fact, guilty.¶

A. I'm going to have to assert my Fifth, Sixth and 14th Amendment, sir.¶

vv. Page 107. lines 20-25 through page 10$. lines 1-6¶

)¶

MR. PIKE: Form.¶

"SC)¶

Q. Have you ever coerced, induced or enticed any minor to engage in any sexual act with you?¶

THE WITNESS: A typical question from¶

Mr. Scarola representing Mr. and of Rothstein, who Scott Rothstein sits i crafting cases of a sexual nature agai South Florida, me and others, the e y be determined. However, today, h e to answer every one of his questi s, o a vice of Counsel, at least today, I'm goi ye to assert my Fifth, Sixth anima Amendment Right.¶

ww. ?S lines 8-23¶

Q. H tines have you engaged in fondling underag emales?¶

MR. PIKE: Form.¶

THE WITNESS: This is relevance here at some point?¶

MR. PIKE: To the extent you can answer the question.¶

O AS¶

THE WITNESS: Again, as another one of the irrelevant questions asked of this lawsuit with respect as a client how I was abused by the Rothstein firm for his -- the practices, the abuse of the legal system, the -- hopefully, the ladies and gentlemen of the jury will be able to see through some of these ridiculous questions with respect to questions that today, at least, I must take the Fifth, Sixth and 14th Amendment, but I believe are obvious to the ladies and gentlemen of the jury what you're trying to do here, Mr. Scarola.¶

xx. Page 109, lines 5-17¶

Q. How many times have you engaged in illegal sexual touching of minors?¶

MR. PIKE: Form. Relevance.¶

THE WITNESS: Again, an irrelevant question to this lawsuit, strictly as a continued attempt to bring in irrelevant facts to the fact of what the Rothstein firm has done to both me and others in South Florida, defrauding investors of millions of dollars, knowing that at least today I'm going to have to with respect to that particular question assert my Fourth -- excuse me -- Fifth, Sixth and 14th Amendment Rights.¶

MR. SCAROLA: Move to strike as unresponsive.¶

yy. Page 111, lines 3-4, 18-20¶

Q. Do you have a personal sexual preference for children?¶

... Mr. Scarola, I'm going to have to, unfortunately, take the Fifth, Sixth and 14th Amendment.¶

zz. Page III, lines 23-24, Page 112, lines 13-17¶

Q. Have you ever acted on a sexual preference for children?¶

MR. PIKE: Form. Irrelevant. Abusive. Harassing. And not reasonably calculated to lead to admissible evidence in this case.¶

THE WITNESS: ...¶

I'd like to answer all of your questions here today, Mr. Scarola, even though they're irre however, on advice of Counsel, at least going to have to assert my Fifth, Sixt Amendment Right.¶

aaa. Parte 112. • 22-25 through Page 113. lines 1-8¶

Q. Your Complaint age 27, paragraph 49, says that: "RRA ation team took an emotionally driven se volving alleged innocent, unsus • erage females and a Palm Beach billiona an sought to turn it into a gold mine," end of quo¶

Who is the Palm Beach billionaire referred to in that sentence?¶

A. On advice of Counsel today, Mr. Scarola, though I would like to answer each one of your questions, I'm going to have to assert my Fifth, Sixth and 14th Amendment Right.¶

bbb. Page 113, lines 9-25¶

Q. What is the emotionally driven set of facts to which you make reference in that sentence?¶

A. It's the same set of facts that were used by the Rothstein firm to fleece unsuspecting investors out of millions of dollars, crafting, fabricating malicious cases of a sexually charged nature with no fundamental basis whatsoever, reported wildly by the press. The U.S. Attorney has accused Mr. [REDACTED] partner of not -- excuse me -- Mr. [REDACTED] partner sits currently in jail, pled guilty to some of these charges. There are other members of his firm under investigation for just these types of questions and fabrications.¶

But, however, today, though I'd like to answer every one of your questions with specificity, on advice of Counsel I'm not going to be able to, Mr. Scarola, and respectfully decline based on my Fifth, Sixth and 14th Amendment Right.¶

ccc. Page 114, Line 25 through Page 115, Line 13;¶

Q. Quote, "rather than evaluating and resolving The cases based on the merits, that is, facts which included knowledgeable, voluntary and consensual actions by each of the claimants."¶

A. Yes.¶

...¶

Q. What are their names?¶

A. I think the prostitutes' names were -- the prostitute that you described before was L.M. With respect to the others, I'm going to have¶

to claim the Fifth, Sixth and 14th Amendment, sir.¶

ddd. Page 115. lines 21-25 through Page 116. line I¶

Q. Okay. So one of the people that you're referring to is L.M., who you've identified as L.M.; is that correct?¶

A. With respect to that question, sir, on advice of Counsel, I'm going to have to assert my Fifth, Sixth and 14th Amendment.¶

eee. Pagc 116, lines 2-7¶

Q. What are the voluntary and consensu by L.M. that you are referencing the¶

A. Sir, though I'd like to answe Itybf your questions here today, I'm otng ave to respectfully decline based on a of my Counsel, and have to assert my Fifth, ' and 14th Amendment Right.¶

ffit:Pa S in 15 through Page 129. Line 3¶

Q. Is filed a to be fals mg in L.M.'s Complaint that was st you in September of 2008 which you contend¶

THE WITNESS: I recognize, Mr. , again, the concept of attempting me to get to waive my Fifth Amendment privilege; however, in this lawsuit I've answered questions with respect to your lawsuit. And with regard to the question you just asked, Fm going to have to, unfortunately, assert¶

Cos¶

my Fifth Amendment, Sixth Amendment and 14th¶

Amendment Right.¶

But Pm willing to listen to any other questions you may have.¶

II. JANUARY 25, 2012 DEPOSITION O S¶

• a. Page 8. lines 9-21

Q Have you ever been convicted of a crime?¶

A Yes.¶

Q What was the crime of which you were "S C) convicted?¶

A Two counts, one soliciting prostitution, and procuring a minor for prostitution.¶

Q Did you, in fact, commit those¶

MR. GOLDBERGER: I can i oke t fifth Amendment privilege for you o can invoke it yourself. I prefer you • ke the privilege.¶

THE WITNESS. Amendment oing to invoke my Fifth¶

• b. Pa

Q How many times have you solicited a minor for prostitution in the State of Florida?¶

A Same answer.¶

c. Pace 11, line 22 through Page 12. line 7¶

Q Have you ever solicited a minor for prostitution anywhere at any time?¶

A Same answer.¶

Q Who is the prostitute that you solicited for prostitution with respect to the claim on which you were convicted?¶

A Same answer.¶

Q Who is the minor that you solicited for prostitution with respect to the claim on which yo pled guilty?¶

A Same answer.¶

d. Page 12, lines 16 through¶

Q Where was it that you soli prostitution in the manner you pled guilty? e matter in which¶

A Same answer¶

Q When w at you solicited for pros u e matter in which you pled guilty?¶

A Sa answer.¶

Q Have you ever discussed your sex-related arrest or conviction with any reporter or news media representative?¶

MR. KNIGHT: I'm going to instruct you not to answer the question.¶

MR. SCAROLA: Well, what is it then? MR. KNIGHT: No, it goes beyond relevancy. ? s,¶

MR. KNIGHT: Well, it is harass used — it is being used to intimi witness. It is being used for v different reasons. And I believ improper.¶

BY MR. SCARO¶

Q Have you e activities wi any repo cussed your sex-related the State of Florida with s media representative?¶

MR. SCAROLA: And what is the basis of that instruction?¶

MR. KNIGHT: What is the basis?¶

MR. SCAROLA: Yes.¶

MR. KNIGHT: What does it have to do with this lawsuit? It's for no other reason other than to harass him. There are plenty of areas you can go into which are reasonable. We are here.¶

MR. SCAROLA: So the objection is relevancy, is that correct?¶

MR. : Same instruction. We are going to e a quick break if we can go off the record.¶

e. Page 21. lines 6-22¶

Q Were the allegations in the federal complaint on behalf of LM any different than the allegations in the state court case on behalf of LM?¶

A I don't recall.¶

Q Did you, in fact, engage in any sexual conduct with LM?¶

A I'm sorry, but I'm sure -- the jury is going to recognize this is simply meant to harass me, and I'll have to take the Fifth Amendment since your client, Mr. is flying to overturn my prosecution agreement.¶

Q How many times did you engage in sexual conduct with LM?¶

A I'm going to have to invoke my Fifth Amendment right again, sir.¶

Q Do you know who LM is?¶

A Again I'm going to assert my riZ it-Stut e,¶

III. EPSTEIN'S OBJECTIONS? OGENERAL INTERROGATORIES _,DATED SEPTEMBER 16, 2010¶

2. What is yo t estimate of the number of minor females* with whom you have sical contact in the last 10 years, when at the time of the physical contact:

• your genitals were exposed +b. the genitals or breasts of the minor female were exposed
  • c. the minor female was clothed only in underwear

^{• &}quot; minor females" is defined as females who were known by you at the time or who are now known to you to have been under I8 years of age at the time of your interaction with them, and females who you now have reason to believe may have been under 18 years of age at the time of your interaction with them.¶

• 3. What is your best estimate of the number of times in the last 10 years when you have had physical contact with minor females when at the time of the physical contact: .M..
  • a. your genitals were exposed
  • b. the genitals or breasts of the minor female wer expose
  • c. the minor female was clothed only in un r
• 4. What is your best estimate of the number ti s have witnessed Ghislaine Maxwell engage in sexual activity' emales?
• 5. What is the total obligation th as e incurred to date for both fees and costs (both paid and currently g) i onnection with your representation in this lawsuit?
• 6. With regard to e las time you engaged in sexual activity with a minor, state the following
• a. S t ty of the minor (name and last known address) the date 7\ the location
  • d. a description of the sexual activity
  • 8. Describe in your own words all interaction you have had with the individual identified in this action as L.M., including but not limited to the dates, places,

^&#x27; "sexual activity" for purposes of these interrogatories means any physical contact with the genitals or exposed breasts of another person.¶

participants in, witnesses to, and a description of all sexual activity involving¶

L.M.¶

• 9. What is the name and last known address of eery healthcare ro er with whom you have treated or been evaluated for any sexual diso er?

ANSWER: With regard to Interrogatories 2, 3, 4, & , the Plaintiff/Counter Defendant objects because the interrogatories levant information, are 43 burdensome, are propounded for the purpo 1/4 f'NjZsment, and ask for information which is protected by the Fifth Amend s e United States Constitution.¶

IIIS¶

IV. EPSTEIN'S AMENDED * SES TO NET WORTH INTERROGATORIES DECEMBER 21, 2012¶

• 3. State the amo ur current annual income from all sources for each of the past 3 y and describe all additional benefits received by you or payable to you for each ast 3,s including bonuses, allowances, pension and profit sh g pa pations, options, deferred compensation, insurance benefits er prerequisites of your employment including the dollar amount or dollar each. +If you own or have any beneficial interest in any stocks, bonds, mutual funds, or other securities of any class in any government, governmental organization, company, firm or corporation, whether foreign or domestic, please state:
  • (a) The name and address of the entity in which you own or have any beneficial property or security interest of any sort;
  • (b) The date and cost of acquisition;
  • (c) The current fair market value of each such interest;
  • (d) The manner in which such value was calculated.

1. 5. As to each income tax return filed by you or on your behalf with any taxing authority for the years 2009 through 2012, identify as specifically as identified in your tax return the source of all reported income and the separate amounts derived from each source
2. 6. For each parcel of real property in which you hold any interest, state:
   7. (a) The address,
   8. (b) The legal description of the property;
   9. (c) The assessed value of the property for tax purposes;
   10. (d) The date and price of acquisition;
   11. (e) Whether, when, by whom, why and at what amount the property has been appraised since the time of purchase;
   12. (f) Whether, when, and at what price the property has been offered for sale since the time of purchase;
   13. (g) The name and address of each real estate agent with whom the property has been listed for sale since the time of purchase;
   14. (h) The cost of any improvements made to the property since purchase;
   15. (i) The nature of your interest in the property.
   16. (j) The current fair market value of the property and a description of the manner in which that value was calculated
3. 7. List each item and state the estimated value of all personal tangible, and intangible property in which you have an interest which personal property was acquired at a cost in excess of $10,000 or which personal property has an estimated present value in excess of $10,000, and as to each state:
   8. (a) The date of acquisition;
   9. (b) The cost of acquisition;
   10. (c) The current estimated fair market value;
   11. (d) The manner in which the fair market value was estimated.
4. 8. If any of the real or personal property owned by you, either individually, jointly or otherwise, is encumbered by either a real estate mortgage, chattel mortgage, or any other type of lien, then for each item of property, state a description of the nature and amount of the encumbrance, the date the encumbrance arose, whether the encumbrance is evidenced by any written document and, if so, a description of that document.

• 9. If you have an ownership interest in any businesses, for each business state:
  • (a) The name and address of the business;
  • (b) The present book value and the present market value of your ingest in the business, and its percentage of the total value of the business.
  • (c) A description of the manner in which the stated fair t value was calculated.
• 10. Identify all banks, credit union and savings and loan a hich you have an interest or right of withdrawal and for each account
  • (a) Where the account is located;
  • (b) The highest and lowest balance in the a dunng the 365 day period immediately preceding your receipt or rrogatories.
• 11. Identify all other assets of a value in exc, c 1,000 which assets were not previously identified and as to each s
  • (a) The date of acquisition;
  • (c) The current estima . E t value;
  • (b) The cost of acquisition;
  • (d) The means utilize the current fair market value.
• 12. Identify all othe, identified and

• (a) The date of an amount in excess of $10,000 not previously ate: bility arose;

  • (b) ount of the liability at inception;
  • (c) Th of repayment or satisfaction;
  • (d) " The nt outstanding balance.
  • (a) the date of the calculation or estimate; ediately preceding your receipt of these interrogatories, state: any calculation or estimate of your net worth at any time in the five years
  • (b) the name and address of the person or entity responsible for performing the work
  • (c) the reason for performing the calculation or estimate;
  • (d) the amount of net worth calculated or estimated
• 15. As to all transfers of anything of a value in excess of $10,000 made by you or on your behalf within the past 5 years, state:
  • (a) a description of the transferred property;

• (b) the reason for the transfer;

• (c) the value of the item(s) transferred at the time of transfer;

• (d) the date and cost of your acquisition of the item(s);

• (e) whether you received anything of value in exchange for the item(s) and, if so, a description of what you received and of what you received; (ft the name and address of the recipient of each transfe rred alue

Epstein asserted the same form objections in response to each nu errogatory,¶

which raises his Fifth Amendment privilege:¶

ANSWER: Objection. This Interrogatory requires t ion of detailed financial information which communicates state nt o ct. Fisher v. United States, 425 U.S. 391,410 (1976). I have a subs n arid reasonable basis for concern that these statements of fact that a tt timonial in nature and could reasonably furnish a "line the chaili o evidence" that could be used to prosecute me in a criminal pr 479, 486 (1951). I cannot my financial history a Fourteenth Amend Constitution. dingsrSee Hoffman v. United States, 341 U.S. [de answers/responses to questions relating to ion without waiving my Fifth, Sixth and is as guaranteed by the United States¶

("A' I¶

V. RESPONSES TO REOLJEBTS FOR ADMISSION DATED FEBRUARY 26, 2013¶

Epstein asserted his F ! ItAmendment - privilege to the following Requests for Admission t dated February¶

• 3. A ou have never publicly disputed the description of you as a billionaire. at you have never publicly disputed any press reports describing to you as a billionaire.
• 5. Admit that you are a billionaire.
• 6. Admit that you have been a billionaire sometime within the past 5 years.
• 7. Admit that you have been a billionaire sometime within the past 10 years.
• 8. Admit that you have a reputation as being a billionaire.
• 9. Admit that your personal net worth has exceeded a billion dollars at times duri the past 5 years.
• 10. Admit that your personal net worth has exceeded half a billion doll during the past 5 years.
• 11. Admit that your personal net worth has exceeded a qua during the past 5 years.
• 12. Admit that you have never paid even one pe Accit 0 ^I has alleged that you engaged in impro S, ua ontact with them while that person was a minor. A
• 13. Admit that you have never iik rie one day in a state or federal prison facility (as opposed to a county jai as pin shment for any sex-related crimes. aca bt to dollars at times we damages to any person who

Specifically, the it tical ir form objection asserted by Epstein in response to each numbered¶

Request for ssion as as follows:¶

Obj s Request for Admission requires a response which cokn tes statements of fact. Fisher v. United States, 425 U,S, 391, 410 916 have substantial and reasonable basis for concern that these tements of fact that are testimonial in nature could reasonably furnish a link in the chain of evidence" that could be used to prosecute me in criminal proceedings." See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution.¶

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 4th day of December, 2017.¶

/c/ lark grarnin¶

JACK SCAROLA¶

Florida Bar No.: 169440¶

DAVID P. VITALE JR.¶

Florida Bar No.: 115179¶

Attorney E-Mails: jsxr y w.com and¶

mmccann®searcyla¶

Primary E-Mail: r. T ®searcylaw.com¶

Seamy Denne t. amhart & Shipley, P.A.¶

2139 Palm Boulevard¶

West Pal c lorida 33409¶

Phone 6 -6300¶

Faxes (56 83-9451¶

+6s¶

Case No.: 502009CA040800XXXXMBAG¶

Notice of Filing Deposition Transcript Excerpts and Discovery Responses by Jeffrey Epstein Implicating the Fifth¶

Amendment¶

Page 35 of 36¶

COUNSEL LIST¶

[REDACTED] J. [REDACTED], Esquire
staff.efile@pathtojustice.com
425 N Andrews Avenue, Suite 2
Fort Lauderdale, FL 33301
Phone: (954)-524-2820
Fax: (954)-524-2822
Attorneys for Jeffrey Epstein¶

Jack A. Goldberger, Esquire
jgoldberger@agwpa.com; smahoney@agwpa.com
Atterbury Goldberger & Weiss, P.A.
250 Australian Avenue S, Suite 1400
West Palm Beach, FL 33401
Phone: (561)-659-8300
Fax: (561)-835-8691
Attorneys for Jeffrey Epstein¶

Nichole J. Segal, Esquire
njs@FLAppellateLaw.com; kbt@FLAppellateLaw.com
Burlington & Rockenbach, P.A.
444 W Railroad Avenue, Suite 350
West Palm Beach, FL 33401
Phone: (561)-721-0400
Fax:
Attorneys for Jeffrey Epstein¶

Scott J. Link, Esquire
Eservice@linkrocklaw.com; Scott@linkrocklaw.com; Kara@linkrocklaw.com;
Angela@linkrocklaw.com; Tanya@linkrocklaw.com; tina@linkrocklaw.com
Link & Rockenbach, P.A.
1555 Palm Beach Lakes Boulevard, Suite 301
West Palm Beach, FL 33401
Phone: (561)-727-3600
Fax: (561)-727-3601
Attorneys for Jeffrey Epstein¶

Marc S. Nurik, Esquire
marc@nuriklaw.com
One E Broward Blvd., Suite 700
Fort Lauderdale, FL 33301¶

Case No.: 502009CA040800XXXXMBAG¶

Notice of Filing Deposition Transcript Excerpts and Discovery Responses by Jeffrey Epstein Implicating the Fifth Amendment¶

Page 36 of 36¶

Phone: (954)-745-5849¶

Fax: (954)-745-3556¶

Attorneys for Scott Rothstein¶

NOT A CERTIFIED COPY¶