Draft: efta02741488

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA¶

STEVEN M. LARIMORE CLERK U.S. DIST. CT. S. 0. OF FLA. • MIAMI¶

CASE NO.: 08-CV-80381-Marra-¶

JANE DOE NO. 5,¶

Plaintiff,¶

vs.¶

JEFFREY EPSTEIN,¶

Defendant.¶

COMPLAINT¶

Plaintiff, Jane Doe No. 5 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows:¶

Parties, Jurisdiction and Venue¶

• 1. Jane Doe No. 5 is a citizen and resident of the Commonwealth of Virginia, and is sui juris.
• 2. This Complaint is brought under a fictitious name to protect the identity of the Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon a minor.
  • 3. Defendant Jeffrey Epstein is a citizen and resident of the State of New York.
  • 4. This is an action for damages in excess of $50 million.
• 5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states.
  • 6. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a substantial

part of the events or omissions giving rise to the claim occurred in this District.¶

Factual Allegations¶

7. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of tremendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St. and Palm Beach, FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach.

8. Upon information and belief, Epstein has a sexual preference and obsession for underage girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2002-2003, Jane Doe, then approximately 15-16 years old, fell into Epstein's trap and became one of his victims.

9. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St.

10. Epstein's scheme involved the use of young girls to recruit underage girls. These underage girls were recruited ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. The girls would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Upon information and belief, Epstein generally sought out economically disadvantaged underage girls from western Palm Beach County who would be enticed by the money being offered - generally $200 to $300 per "massage" session and who were perceived as less likely to complain to authorities or have credibility if allegations of improper conduct were made. This was an important element of Epstein's plan.

11. Epstein's plan and scheme reflected a particular pattern and method. The underage victim would be brought to the kitchen entrance of Epstein's mansion, where she would be introduced to Epstein's assistant. would then bring the girl up a flight of stairs to a room that contained a massage table in addition to other furnishings, and a bathroom. The girl would then find herself alone in the room with Epstein, who would be wearing only a towel. He would then remove his towel and lie naked on the massage table, and direct the girl to remove her clothes. Epstein would then perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl's vagina.

12. Consistent with the foregoing plan and scheme, when Jane Doe was approximately 15-16 years old, she was recruited to give Epstein a massage for monetary compensation. Jane and another girl were brought to Epstein's mansion in Palm Beach, to the kitchen entrance. Once there, they were introduced to who led them up the flight of stairs to the room with the massage table. Jane and the other girl were directed by Epstein to remove their clothes and give him a massage. Jane and the other girl removed their clothes except for their panties and bras, and complied with Epstein's instructions. While on the massage table, Epstein masturbated himself and touched both girls on their vaginas with his hand and with a vibrator.

13. After Epstein had completed the sexual assault, both girls were then able to get dressed, leave the room and go back down the stairs. Epstein gave both girls money for this "massage."

14. As a result of this encounter with Epstein, Jane experienced confusion, shame, humiliation and embarrassment, and has suffered severe psychological and emotional injuries.

COUNT I Sexual Assault¶

• 15. Plaintiff Jane Doe repeats and realleges paragraphs I through 13 above.
• 16. Epstein tortiously assaulted Jane Doe sexually. Epstein's acts were intentional, unlawful, offensive and harmful.
• 17. Epstein's plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously.
• 18. This sexual assault was in violation of Chapter 800 of the Florida Statutes, which recognizes as a crime the lewd and lascivious acts committed by Epstein upon Jane.
• 19. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages.

WHEREFORE, Plaintiff Jane Doe No. 5 demands judgment against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper.¶

COUNT H Intentional Infliction of Emotional Distress¶

• 20. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 13 above.
• 21. Epstein's conduct was intentional or reckless.
• 22. Epstein's conduct was outrageous, going beyond all bounds of decency.
• 23. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had reason to know that his intentional and outrageous conduct would cause emotional trauma and damage to Jane Doe.

24. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe, has suffered and will continue to suffer severe mental anguish and pain.

WHEREFORE, Plaintiff Jane Doe No. 5 demands judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court deems just and proper.¶

JURY TRIAL DEMAND¶

Plaintiffs demand a jury trial in this action.¶

Dated: April ILI, 2008.¶

Respectfully submitted,¶

HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-93 7¶

By:¶

effrey M. Herman iherman hermanlaw.com Florida Bar No. 521647 Stuart S. Mermelstein smermelsteinhermanlaw.com Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 ahorowitzQhermanlaw.com¶

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing, and service procuration of other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 10, 1997, is required for the use of the Clerk of the Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)¶

I(a) PLAINTIFFS
JANE DOE NO. 5,¶

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
COMMONWEALTH OF VIRGINIA
(EXCEPT IN U.S. PLAINTIFF CASES)¶

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
Herman & Mermelstein, P.A., 18205 Biscayne Blvd., Suite 2218, Miami, FL 33160, (305) 931-2200¶

DEFENDANTS
JEFFREY EPSTEIN¶

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
RESERVED AND NEW YORK
(IN U.S. PLAINTIFF CASES ONLY. S.D. OF PLA. FT. LAUD.)¶

(d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH¶

9108 CV 80381-Kam-Johnson¶

II. BASIS OF JURISDICTION
(PLACE AN X ONE BOX ONLY)¶

1. U.S. Government 3. Federal Question
   Plaintiff (U.S. Government Not a Party)

2. U.S. Government X 4. Diversity
   Defendant (Indicate Citizenship of Parties in Item)

(iii)¶

III. CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Case Only)¶

Citizen of This State 1 DEF 1
Citizen of Another State 2 X 2
Citizen or Subject of a Foreign Country 3 3¶

PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE FOR DEFENDANT PTF DEF
Incorporated of Principal Place of 4 4
Business in This State
Incorporated and Principal Place of 5 5
Business in Another State
Foreign Nation 6 6¶

IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.)
DIVERSITY ACTION UNDER 28 U.S.C. §1332(a) FOR SEXUAL ASSAULT¶

Va. 5_ days estimated (for both sides) to try entire case¶

V. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY)¶

A CONTRACT	A TORTS	B FORFEITURE PENALTY	A BANKRUPTCY	A OTHER STATUS
<input type="checkbox"/> 110 Insurance <input type="checkbox"/> 120 Marine <input type="checkbox"/> 130 Miller Act <input type="checkbox"/> 140 Negotiable Instrument <input type="checkbox"/> 150 Recovery of Overpayment & Enforcement of Judgment <input type="checkbox"/> 151 Medicare Act <input type="checkbox"/> 152 Recovery of Defaulted Student Loans (Excl. Veterans) B <input type="checkbox"/> 153 Recovery of Overpayment of Veteran's Benefits B <input type="checkbox"/> 160 Stockholder's Suits <input type="checkbox"/> 190 Other Contract <input type="checkbox"/> 195 Contract Product Liability	<b>PERSONAL INJURY</b> <input type="checkbox"/> 310 Airplane <input type="checkbox"/> 315 Airplane Product Liability <input type="checkbox"/> 320 Assault, Libel & Stander <input type="checkbox"/> 330 Federal Employers' Liability <input type="checkbox"/> 340 Marine <input type="checkbox"/> 335 Marine Product Liability <input type="checkbox"/> 350 Motor Vehicle <input checked="" type="checkbox"/> 350 Other Personal Injury <input type="checkbox"/> 336 Personal Injury-Med Malpractice <input type="checkbox"/> 362 Personal Injury-Product Liability <input type="checkbox"/> 365 Asbestos Personnel Injury Product Liability <b>PERSONAL PROPERTY</b> <input type="checkbox"/> 370 Other Fraud <input type="checkbox"/> 371 Truth in Lending B <input type="checkbox"/> 380 Other Personnel Property Damage <input type="checkbox"/> 385 Property Damage Product Liability	<input type="checkbox"/> 610 Agriculture <input type="checkbox"/> 620 Other Food & Drug <input type="checkbox"/> 625 Drug Related Seizure of Property 21 USC 881 <input type="checkbox"/> 630 Liquor Laws <input type="checkbox"/> 640 R.R. & Truck <input type="checkbox"/> 650 Airline Regs <input type="checkbox"/> 660 Occupational Safety-Health <input type="checkbox"/> 660 Other	<input type="checkbox"/> 422 Appeal 28 USC 158 <input type="checkbox"/> 423 Withdrawal 28 USC 157 <b>A PROPERTY RIGHTS</b> <input type="checkbox"/> 820 Copyrights <input type="checkbox"/> 830 Patent <input type="checkbox"/> 840 Trademark <b>B SOCIAL SECURITY</b> <input type="checkbox"/> 861 HIA (1305ff) <input type="checkbox"/> 862 Black Lung (923) <input type="checkbox"/> 863 DWC/DWW (405(g)) <input type="checkbox"/> 864 SSID Title XVI <input type="checkbox"/> 865 RSI (405(g))	<input type="checkbox"/> 400 Status Reappointment <input type="checkbox"/> 410 Antitrust <input type="checkbox"/> 430 Banks and Banking <input type="checkbox"/> 450 Commercial/ICC Rates/etc. B <input type="checkbox"/> 460 Deportation <input type="checkbox"/> 470 Racketeer influenced and Consust Organizations <input type="checkbox"/> 810 Selective Service <input type="checkbox"/> 850 Securities/ Commodities/ Exchange <input type="checkbox"/> 875 Customer Challenge 12USC3410 <input type="checkbox"/> 891 Agricultural Acts <input type="checkbox"/> 892 Economic Stabilization Act <input type="checkbox"/> 893 Environmental Matters <input type="checkbox"/> 894 Energy Allocation Act <input type="checkbox"/> 905 Freedom of Information Act <input type="checkbox"/> 900 Appeal of Fee Determination Under Equal Access to Justice <input type="checkbox"/> 950 Constitutionality of State Statutes <input type="checkbox"/> 990 Other Statutory Actions* "A or B" Declaratory relief and state law claims for defamation

VI. ORIGIN
x 1. Original 2. Removed from 3. Remanded from 4. Refilled 6. Multidistrict Litigation
Proceeding State Court Appellate Court (Specify) 7. Appeal to District Judge from
5. Transferred from another district Magistrate Judgment¶

VII. REQUESTED IN COMPLAINT CHECK IF THIS IS A CLASS ACTION DEMAND $ Check YES only if demanded in complaint: JURY DEMAND: YES NO¶

VIII. RELATED CASE(S) IF ANY (See Instructions): (SEE ATTACHED)
Jane Doe 2 v. Jeffrey Epstein JUDGE KENNETH A. MARRA
Jane Doe 3 v. Jeffrey Epstein JUDGE KENNETH A. MARRA DOCKET NUMBER 08-CV-80119-MARRA
DOCKET NUMBER 08-CV-80232-MARRA¶

DATE 4/14/08 SIGNATURE OF ATTORNEY OF RECORD
UNITED STATES DISTRICT COURT FOR OFFICE USE ONLY: Receipt No. Amount: 350 AU
S/F 1-2 Date Paid: M/ffp: 547770¶