### IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA
JEFFREY EPSTEIN
v. Plaintiff,
ividually, individually, and L.M.,
Defendants.
Complex Litigation, Fla. R. Civ. Pro.1201
Case No. AG 50 2009CA040800XW B L7. c:
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### EPSTEIN'S REQUEST TO PRODUCE
Defendant, JEFFREY EPSTEIN ("Epstein"), pursuant to Fla. R. Civ. P. 1.350, requests that Defendant, J. EDWARDS a"), produce or make available for inspection documents responsive to the requests below within thirty (30) days from the date of service:
### DEFINITIONS AND INSTRUCTIONS
A. "Document" means any written or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, memoranda, notes, messages, letters, purchase orders, telegrams, teletype, telefax bulletins, e-mails, electronic data, meetings, reports, or other communications, interoffice and intra-office telephone calls, diaries, chronological data, minutes, books, reports, charts, ledgers, invoices, worksheets, receipts, returns, trade information regarding fabric, carpets, samples
etc..., computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, cancelled checks, transcripts, statistics, surveys, magazine or newspaper articles, releases (and any and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphs or aural records or representations of any kind, including, without limitation, photographs, charts, graphs, microfiche, microfilm, video tape, recordings, motion pictures and electronic, mechanical or electric recordings or representations of any kind (including, without limitation, tapes, cassettes, discs and recordings), and including the file and file cover. 2
The term "Document" also means any and all comperecords, r) data, files, directories, electronic mail, and information of whatever kind whether printed out or stored on or retrievable from floppy diskette, SS. S a diskette, magnetic tape, optical or 0\\ 1 magnetic-optical disk, computer memo h ive, zip drive, jaz drive, orb drive, microdisk, external memory stick, software, or any other fixed or removable storage media, including without limitation, all back-up copies, dormant or remnant files, and any and all miscellaneous files and/or file fragments, regardless of the media on which they reside and regardless of whether the data consists in an active file, deleted file, or file fragment.
B. "Communications" means any oral or written statement, dialogue, colloquialism, discussion, conversation or agreement.
C. "Plaintiff' means L.M. (L.M. v. Jeffrey Epstein, Palm Beach County Case #502008CA028051XXXXMB), E.W. (E.W v. Jeffrey Epstein, Palm Beach County Case #502008CA028058XXXXMB), Jane Doe (Jane Doe v. Jeffrey Epstein, United States District Court Case #08-civ-80893-Marraa), and any other person who is or was represented by Rothstein Rosenfeldt & Adler that has not
yet filed an action against Jeffrey Epstein, and any employee, agent or attorney for any plaintiff and/or any other person acting for or on behalf of any plaintiff, or under her authority and control.
- D. "RRA" means Rothstein Rosenfeldt & Adler, P.A.
- E. "Money" means any tangible thing of value.
- F. "Costs" include, but are not limited to, court costs, filing fees, Sheriffs service and any other necessary service of legal papers or notices or subpoenas, court reporters' charges, long distance telephone charges, postage, courier services or Federal Express or UPS, investigative costs, investigative bills, photocopies, faxes, Westlaw computerized research, travel expenses, and witness fees and expert witness fees and costs.
- G. "Trustee" means Herbert Stettin as bankruptcy trustee for RRA.
# REQUEST FOR PRODUCTION'
1. For the time period from March 1, 2009 to present, any and all documents between, or on behalf of RRA, its employees or agents or clients, and any third party regarding a purported settlement of any litigation between Jeffrey Epstein and a RRA client or Plaintiff, or the financing of any litigation between Jeffrey Epstein and a RRA client or Plaintiff, (whether existing clients or fabricated clients), including but not limited to:
- Documents indicating that litigation with Jeffrey Epstein has been settled;
- c. LJ Soliciting or receiving money in return for settlement funds allegedly paid or to be paid by Jeffrey Epstein; Soliciting money to help finance ongoing litigation against Jeffrey Epstein;
- d. Soliciting money to be given to, or used on behalf of, the Plaintiffs in litigation against Jeffrey Epstein;
- e. Communication between third party investors or potential investors and the Plaintiffs or their attorneys involved in litigation against
' Due to the potential volume of documents involved, the parties and the Court should consider appointment of a special and/or an in camera inspection to address any objections, claims of privilege and generally manage the production of documents.
Jeffrey Epstein;
- f. Payments made by RRA to or on behalf of any Plaintiff.
2. Any and all fee agreements that exist or have existed between the following:
- a. Any Plaintiff and J. or any entity with which he has been associated;
- b. Any Plaintiff and the law firm RRA.
3. All emails, data, J. , Scott W. attorney or representative of regarding Jeffrey Epstein or w Kenneth Jenne, correspondence, memos, or si cuments between Rothstein, William Berger and Adler and/or any RRA and any investor or third party (person or entity) hich mentions Jeffrey Epstein inkeing Mike Fisten, or Rick (Rich) Fandrey).
1. All emails, data, J. , Scott W. regarding Jeffrefliein or Kenneth Jenne, correspondence, memos, or similar documents between Rothstein, and/or any attorney or representative of RRA which mentions Jeffrey Epstein (including Mike Fisten, or Rick (Rich) Fandrey).
1. All agreements or documents of any nature which were provided to or received from an investor or potential investor relating to any case (real or fabricated) involving Jeffrey Epstein and any of the following:
- a. Scott W. Rothstein
- b. J.
- c. RRA
- e. any entity formed by RRA or J. or Scott W. Rothstein to create investment opportunities for third party investors to invest in any plaintiff's case against Jeffrey Epstein
6. All fee sharing agreements between J. , RRA, or Scott W. Rothstein and/or any other attorney or investor relating to any aspect of any Plaintiffs case.
1. Alldocuments made available to any investor or potential investor by J. , RRA, Scott W. Rothstein or any of Scott W. Rothstein's entities to solicit "investors" for any case involving Jeffrey Epstein.
1. All document reflecting the names and addresses of all individuals or entities who invested or purported to invest in any aspect of any case against Jeffrey Epstein.
1. All documents evidencing the Costs and payment of any bill or Costs in each Plaintiff's case against Jeffrey Epstein, and the source(s) for said payments of any Costs.
1. All documents received by you or your current firm wherein the Trustee of RRA has asserted a lien for attorney's fees or Costs arising out of work done and Costs incurred related to the Plaintiffs' cases during the time Plaintiffs' were represented by RRA.
1. All documents and tangible things retrieved from the trash at 358 El Brillo Way, Palm Beach, Florida which is alleged to be the home of Jeffrey Epstein.
1. All conversations recorded from any telephones which purported to be that of Jeffrey Epstein that are contained in any media (audio tapes, CDs, DVDs, zip drives, hard drives or any other electronic format and any written transcriptions).
1. All conversations recorded from any telephones which purported to be from Jeffrey Epstein's attorneys including Roy Black, Alan Dershowitz or Jack Goldberger, that are contained in any media (audio tapes, CDs, DVDs, zip drives, hard drives or any other electronic format and any written transcriptions).
1. All intercepted phone conversations authorized by RRA including but not limited to any one of its attorneys or investigators or anyone retained by or working for RRA related to Jeffrey Epstein that are saved or stored in any media (audio tapes, CDs, DVDs, zip drives, hard drives or any other electronic format and any written transcriptions).
1. All intercepted or acquired electronic mail (e-mails) to or from Jeffrey Epstein authorized by RRA including but not limited to any one of its attorneys or investigators or anyone retained by or working for RRA.
1. All intercepted or acquired electronic mail (e-mails) to and from the attorneys for Jeffrey Epstein including but not limited to: Roy Black, Alan Dershowitz or Jack Goldberger, authorized by RRA including but not limited to any one of its attorneys or investigators or anyone retained by or working for RRA.
1. All documents supporting the contention that a sexual assault took place on an airplane purportedly owned by Jeffrey Epstein or a Jeffrey Epstein entity at any time between 1998 and 2005.
1. All documents related to the amount of all Costs that were incurred by you in the representation of you and/or your law firm in representing Jane Doe, L.M. and E.W. prior to joining RRA.
1. All documents setting forth to the amount of Costs were incurred by RRA in its representation of Jane Doe, L.M. and E.W. during the time you were employed by RRA (or that is being claimed by the Trustee).
1. In the attached transcript dated July 31, 2009, you stated to Judge Hafele with regard to the E.W. and L.M. cases the following:
"What the evidence is really going to show is that Mr. Epstein — at least dating back as far as our investigation resources have permitted, back to 1997 or '98 — has every single day of his life, made an attempt to sexually abuse children.
We're not talking about five, we're not talking about 20, we're not talking about 100, we're not talking about 400, which I believe, is the number known to law enforcement, we are talking about thousands of children, and it is through a very intricate and complicated system that he devised where he has as many as 20 people working underneath him that he is paying well to schedule these appointments, to locate these girls."
(A) Provide all documents to support this assertion including any documents which are the source of the information.
21. All documents related to or mentioning potential deponents in the Jane Doe, 1..M. or E.W. cases.
01. All documents that support your cla' damages in your counterclaim in this case. ii\\
01. The written fee agreeme A i rlicAStti • e Searcy Denney firm for their representation of you in this case.
01. All emails exchanged between you (or anyone of your behalf) and one or more of the following individuals wherein Epstein, a Palm Beach billionaire or a similar reference was mentioned:
- 1
- j. Richard R( ick) Fandrey
- k. Christina Kitterman.
- a. Scott Rothstein
- b. Adler
- c. William Berger Michael Fisten Kenneth Jenne David Boden Deborah Andrew Barnett
25. A copy of your RRA business card.
01. Any employment agreements, letter agreements or memos given to you by RRA or a representative or agent of RRA describing your compensation and benefits at RRA.
01. All documents and communications from Herbert Stettin, as bankruptcy Trustee for RRA, asserting liens against recoveries in:
- a. L.M. v. Epstein, Case No. 502008CA028051XXXXMB
- b. E.W. v. Epstein, Case No. 502008CA028058XXXXMB
- c. Jane Doe v. Epstein, Case No. 08-CV-80119-MARRA [REDACTED]
### Certificate of Service
I HEREBY CERTIFY that a true copy of the foregoing was sent by fax and U.S. Mail to the following addressees on this 12th day of April, 2010:
Gary M. [REDACTED], Jr., Esq.\
[REDACTED], Jaffe, Weissing, [REDACTED], Fistos\
& Lehrman, PL\
425 N. Andrews Avenue, Suite 2\
Fort Lauderdale, FL 33301\
954-524-2820\
954-524-2822 – fax\
Attorneys for Defendant, L.M.
Jack Alan Goldberger, Esq.\
Atterbury Goldberger & Weiss, P.A.\
250 Australian Avenue South\
Suite 1400\
West Palm Beach, FL 33401-5012\
Fax: 561-835-8691\
*Co-Counsel for Defendant Jeffrey Epstein*
Jack Scarola, Esq.\
Searcy Denney Scarola Barnhart &\
Shipley, P.A\
2139 Palm Beach Lakes Blvd.\
West Palm Beach, FL 33409\
686-6300\
383-9424 F\
Attorneys for Defendant Bradley Edwards
MARC S. NURIK, ESQ.\
Law Offices of Marc S. Nurik\
One East Broward Boulevard\
Suite 700\
Fort Lauderdale, FL 33301\
954-745-5849\
954-745-3556 Fax\
Attorneys for Defendant Scott Rothstein
**BURMAN, CRITTON, LUTTIER & COLEMAN, LLP**
303 Banyan Boulevard\
Suite 400\
West Palm Beach, FL 33401\
(561) 842-2820\
(561) 253-0164 Fax
By:
*(Counsel for Defendant Jeffrey Epstein)*
### IN THE CIRCUIT COURT OF THE 151H JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
E.W.,
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
Case No. 502008CA028058
O AS
### PROCEEDINGS BEV, THE
## HONORABLE JUDGEAIXD W. HAFELE
July 31, 2009
dc"N:30 a.m.
2IoN. Dixie Highway t Palm Beach, FL 33401
ennifer DiLorenzo, court reporter
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IH THE CIRCUIT COURT OF flit 15TH JUDICIAL CIRCUIT IN AND FOR PALM Bra01 MINTY. Flail\*
E.H.
Plaintiff.
Cafe No. 502024CA0211058 EMS°. AD
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PROCEEDINGS BEFORE THE
HONORABLE JUDGE DONALD N. tarns
July 31. 20D9
205 N. Dixie Minn./ay Meet Pale Beech. FL 32401
Jennifer Oltotento. court reporter
1 Proceedings in the Matter of E.W. vs. JEFFREY EPSTEIN.
2 July 31. 2009 8:30
3 THE COURT: Good morning, gentlemen.
4We're here this morning on the Plaintiffs
motions to add punitive damages. Who will be 6 arguing on behalf of the Plaintiff?
MR. Brad Your Honor.
9 THE COURT: Aright, Mr.
9 MR. Do I need to go to the
10 podium or is right here fine?
I I THE COURT: Whichever you prefer.
12 MR. Your Honor, with our motion
13 we filed • and, I believe. Your Honor has h -
14 the discovery that was submitted b Mr. Epstein.
15 which consists 04 Requests for Admissions,
16 Requests for Production, Interrogatories. as
17 well as Interrogatory responses under oath by my
18
19 THE emi r? you have any cases that
20 speak tote pr ption relative to the
21 Defendant exercising his Fitth and Sixth
22 Amendment rights during the deposition testimony
23/ and/or during any other discovery?
MR. Sure, Your Honor.
THE COURT: know that Mr. Craton in his
2
1 2
3 On bonen of the Plaintiff:
4 ROTHSTEIN. ROSENFELOT & ADLER
BY: WILLIAM J. BERGER. ESO.,
s Miner Park Office Tower
Suite 675
6 225 NE Manor Boulevard
Boca Raton, FL 33432
7 561.322.7761
wbergerfarra-law.com
a
ROTI EIN ROSEN
9 BY: J.
401 at as
10 Suite 1650
Fort Lauderdale. FL
11 954-522-3456
oedwardsOna-taw.com
APPEARANCES OF COUNSEL
11
13 On behalf of thetffendant
14 BURMAN, CRITTON. LUTHER & COLEMAN
OA& ROBERT D. CAUTION, JR., ESO.,
15 3,North Fleeter Drive
• e 400
16 West Palm Beach. FL 33401
1-842-2820
rci ObcIclaw.com
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2
1 5 6
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4
reply memorandum indicated some conflict in terms of the nature of the discussions of the appellate courts relative to that Issue.
MR. : May I approach?
THE COURT: Thank you.
MR. I'm going to present the
case of Fraser vs. Security and Investment out
of the Fourth DCA.
The pertinent part, it says: "Our
conclusion is consistent with the prevailing
rule that the Fifth Amendment does not forbid
adverse Inferences against parties to civil
actions when they refuse to testify in response
to probative evidence offered against them: the
amendment 'does not preclude the inference where
the privilege is claimed by a party to a civil
cause."
It skips down and says: 'Such a rule is
both logical and utilitarian. A party may not
trample upon the rights of others and then
escape the consequences by invoking a
constitutional privilege - at least not in a
civil setting.'
The final paragraph on that page says:
'Nor are we persuaded that the fact of
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5 7 1 we're not talking about 400, which, I believe, 2 is the number known to law enforcement, we are 3 talking about thousands of children, and it is 4 through a very intricate and complicated system 5 that he devised where he has as many as 20 6 people working underneath him that he is paying 7well to schedule these appointments, to locate these girls.
9 10 11 12 Right now we are at a punitive damages stage. We are not at a stage where we are talking about the admissibility of evidence. We are —
13 14 15 THE COURT: Speaking only of a proffer to establish punitive damages as required under 768.721, correct?
16 17 18 MR. : Exactly, and I was going to, for the record, read that part of 768.721: 'In a civil action, there is a'
19 THE COURT: I think we can skip that.
20 21 22 23 MR. : Okay. THE COURT: The statute speaks for itself and it's a part of the record today, so why don't you ahead and proceed?
24 25 MR. : The reasonable showing, by way of proffer, that there is an intentional
1 invocation of the privilege is irrelevant and 2 immaterial? 'In the case' -- Sony, 'Mr. 3 Justice Brandeis... observed that 'Silence is 4 often evidence of the most persuasive 5 character."
6 Clearly, this case, out of our district 7 court, is an indication that adverse inferences may be drawn.
1 2 misconduct or gross negligence on beh Defendant.
3 S 6 7 8 9 Intentional misconduct Is defined definedas Defendant had actual knowledge of the wro permissible Conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge. intentionally pursued that course of conduct resulting in injury or damage.'
10 11 12 13 14 15 16 17 In this case, we have intentional misconduct of the worse kind. This is a case that has been presented to the public through public relations people for the Defendant at times as "five or six bad under-aged prostitutes C om a high school that, as one of their stops, wound up at Mr. Epstein's home,' and that's not case at all.
19 20 21 22 23 What the evidence is really going to show is that Mr. Epstein - at least dating back as far as our investigation and resources have permitted, back to 1997 or '98 - has every single day of his life, made an attempt to sexually abuse children.
24 25 We're not talking about five, we're not talking about 20, we're not talking about 100,
6
9 He particularly goes after a very to vulnerable and impressionable age group that --
11 THE COURT: To use the quotation, 'the 12 evidence will show the Defendant sought out 13 underprivileged and economically disadvantaged 14 minor females,' and later go on to say, 15 'influenced them away from the typical 16 adolescent lifestyle as a result of his 17 allegedly criminal acts.'
18 MR. : And that is exactly what 19 he's done. The age group begins as young as 20 12 years old and as old as 16 years old. There 21 Will be evidence that at 16 years old, many of 22 the girls are told, 'You're getting too old for 23
He very clearly targets this specific age roup and has a method to this; that is, 'Get
the girls inside the house and I will do the 2 rest,' and he creates this God-like aura for 3 these girls and --
4 THE COURT: Let's talk about - pardon me for interrupting you - lets talk about the 6 precise claims that are being made here. You're 7 dealing with E.W. and L.M. - they're pseudonyms 8 for purposes of this litigation. Why don't we 9 speak to those two individuals at this juncture to and how the punitive damage proffer is 11 sufficient or insufficient relative to them 12 individually, please?
13 I understand the global allegations and I understand the allegedly wide scale situation that you're suggesting as you've alleged here, but I want to go now to the precise claims made by these Iwo Plaintiffs who are in front of the Court today, and whether or not that proffer is sufficient to satisfy the case law, including the case that Mr. Critton cited, and that is:
The Estate of Despair, vs. Avant. Group, Inc., which Is found al 900 So.2d. 637, and that was a Fifth District Court of Appeal case, decided in 2005.
25 MR. Yes, Your Honor, and that Is
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1 2 3 S 4 7 9 10 11 12 13 3.4 15 16 17 18 19 20 21 22 23 24 25 the case that states: 'a 'proffer' according to traditional notions of the term, connotes merely an 'offer of evidence and neither the term standing alone nor the statute itself calls for an adjudication of the underlying veracity...is merely a representation of what evidence the defendant proposes to present.' We can turn to the sworn Interrogatory answers, No. 8, wherein L.M. and, similarly, E.W., in slightly different words, states: 'I was touched, battered, and fondled by Defendant Jeffrey Epstein during the incidents described in the complaint t observed the Defendant touch and fondle himself. I observed the Defendant ejaculate numerous times. I was made to touch the Defendant. I also observed sexual acts and had sexual acts perpetrated on me by Defendant Jeffrey Epstein. At various times I was unclothed, as was the Defendant and others. At all times material, I was a child under the age of 18 years old. The Defendant also used me to bring him other minor girls and he controlled and brainwashed me' -- THE COURT: Just a second. (Telephone interruption.)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 MR. "and brainwashedme believing this lifestyle was healthy and normal for a girl my age. I was a victim of various criminal acts and sexual exploitation. I was induced and coerced by Del nit o acts of prostitution? While we're on the coerc prostitution, there Is a specific -- THE COURT: Before you move on, that's LM.'s — MR. Yes, Your Honor. THE COURT:, — Answer to Interrogatories? Why don't you read into the record E.W.'s An svier to Intern tones so the record is clear? MR. . I apologize, Your Honor. %I. THE COURT: Take your time. . 11L- MR. I=E: Answer to Interrogatory No. or E.W. indicates: 'My injuries are emotional and psychological and are the direct result of Defendant Jeffrey Epstein's actions. I was touched, battered, and fondled by the Defendant during the incidents described in the complaints. I observed the Defendant touch and fondle himself. I observed the Defendant ejaculate numerous times. I was made to touch AC(
10
2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cause of action. Reading 796.09, Paragraph 1: "A person has a cause of action for compensatory and punitive damages" - this is in the statute - 'against a person who coerced them into prostitution,' and it goes on to define what coercion means, and it Is exactly what happened in this case. This statute allows for punitive damages on a statutory level irrespective of the age of the person that is coerced into prostitution. THE COURT: And the coercion that you're talking about are the alleged acts as between these two Plaintiffs and Mr. Epstein as opposed to, I think, there's something in one of the Interrogatories that suggests that there may have been prostitution that followed, at least one of the Plaintiff's, involvement with Mr. Epstein, but you're speaking solely about the prostitution issues as it concerns the Plaintiffs here and Epstein: is that accurate? MR. : I believe, if I understand what you are saying, I mean, in terms of damages, if one of the Plaintiffs - and I can represent • if one of the Plaintiffs was led
1 the Defendant. I also observed sexual acts and 2 had sexual acts perpetrated on me and was forced 3 to perform on me, including oral sex and other 4 activities. At various times I was unclothed, 5 as was Defendant and others. At all times 6 material, I was a child under the age of 7 18 years. I was a victim of various criminal 8 acts and sexual exploitation. I was induced and 9 coerced by the Defendant into acts of to prostitution.' 11 THE COURT: Thank you. You were going to 12 speak foals I point -- 13 MR. Right. 14 THE COURT: -- before I asked you to read 15 into the record thosainterrogatOry answers. Go 16 ahead. 17 MR. Where we left off was the 18 coercion into prostitution. What makes these 19 crimes so egregious is the fact that these girls 20 that we're talking about were an beginning 21 their grooming process with Mr. Epstein when 22 ey're 14 and 15 and 16 years old. 23 There is a specific statute, which we have ed, and a cause of action under our plaint, that Is under 796.09, Coercion, civil
12
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1 into a life of prostitution after being 2 indoctrinated into this deviant lifestyle at an 3 early age by Mr. Epstein - she was not a 4 prostitute prior to that - and I relate that 5 similar to kids of that age being brought over 6 to somebody's house that is as powerful and 7 wealthy as him and he has, let's say, cocaine on 9 the table, and they do that for three years. 9 They think it's fun at the time, but after that to they have this addiction that continues on. 11 This is something similar to what happened to 12 one of the clients.
13 But, yes, the coercion Into prostitution 14 is something that on a statutory level already 15 allows for punitive damages, and that's 16 irrespective of the age.
17 THE COURT: Again, I'm trying to 18 understand the factual basis. There's 19 allegations that Mr. Epstein paid these young 20 ladies \$200 to massage him and then subsequent 21 thereto, there was some type of alleged sexual 22 activity. Are you speaking to that specifically 23 when you're talking about the statutory remedy 24 or are you speaking about something distinct 25 from that?
14
1 MR. No, that's specifical 2 I am talking about —
3 THE COURT: Okay. 4 MR. : Mr. Epstein paying 5 and using their age, their economic - their lad( 6 of wealth - the fact that these are poor. 7 disadvantaged children with very tittle parental 8 guidance to his advantage to induce them into 9 acts of prostitution.
10 THE COURT: I'll give you two minutes to 11 wrap up, please. 12 MR. : Okay.
13 Your Honor, while I know that we are 14 focusing on E.W. and L.M., there are certain 15 tenses that have been made such as, The girls 16 were' - 'we didn't know that they were over 18, 17 envise we wouldn't have done this: where we 16 re going to be able to show there are hundreds
19 and hundreds and hundreds of girls and none of 20 Y them were over the age of 18. 21 Many of these girls, including my clients, 22 told him that they were under the age of 18 and 23 he continued to do this misconduct, which is 24 exactly what the statute or what the punitive 25 damages statute speaks to when it talks about
6 7
9
25
1 intentional misconduct and/or gross negligence. 2 I think the record is very dear at this 3 point, especially after this proffer, that if 4 any case is deservant of punitive damages being 5 added, it's this one.
6 THE COURT: Alright. Thank you. I'll 7 give you a couple minutes to wrap up after Mr. Crition finishes his argument.
9 MR. Thank you, Your Honor. 10 THE COURT: Thank you.
11 MR. CRITTON: May it please the Court. As 12 the Court knows, I represent Mr. Epstein in this 13 matter.
14 Your Honor, a couple of things to start - 15 the case that Mr. cites deals with 16 inferences, deals with inferences at trial time 17 as distinct from inferences that, I believe, are 18 sufficient to carry the day, so-to-speak, in the 19 absence of other evidence with Mr. Epstein's 20 claim of Fifth Amendment privilege. As well, we 21 cited to the court cases - and I'll gel to in 22 just a minute - that specifically address that 23 ^ ue.
/ Secondly, we're not here on - and I think Court, I think, I kind of at least got the
16
drift is we're not here on other claims - we're 2 here on E.W. and L.M.'s claim today to add 3 punitive damages and, in fact, to they meet the 4 standard under the applicable statute in this 5 instance?
What I think is the most striking pal about this - and while I believe that the evidence may be - their perception, the Plaintiffs' perception of the evidence - may be different than ourselves, but I think the evidence in this case will show, at least LM. and E.W., were prostitutes before they ever met Mt Epstein, they remain prostitutes, and they are still prostitutes today.
THE COURT: But is my role today one of weighing the evidence or one of determining whether or not there's a sufficient record in order to allow a punitive damage claim to stand?
I mean, in one of the cases, I believe it's the case of State of Wisconsin Investment Board vs. Plantation Square Associates, that's found at 761 F.Supp 1569 - Judge Hugler (phonetic) of the federal court provided an excellent discussion of the distinction between the proofs necessary to sustain a claim for
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| | 17 19 |
| ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| 1 | punitive damages even at summary judgment. much FBI agent and a U.S. attorney that was there at |
| 2 | less a trial, and compared that with the the time - and she talked about going over to |
| 3 | relatively lighter burden of simply making a Mr. Epstein's hOuse. She said, "I had a fake |
| 4 | proffer of record evidence to support a claim ID' She was told to make certain that she was |
| 5 | for punitive damages. 16. She told Mr. Epstein she was 18, and she |
| 6 | MR. CRITTON: Right. said it was her understanding that all of the |
| 7 | THE COURT: Arent we at that stage; that other girls that she brought for this horrific |
| 8 | is, the latter stage right now? experience - she continued to bring other girls |
| 9 | MR. CRITTON: Yes, and I very well and go herself on a number of occasions. |
| 10 | understand the distinction and, I believe, I She said that she, herself -- On Page 8, |
| 11 | understand what the Court's role is in this it asks, "Did she ever call you?' - and I assume |
| 12 | particular instance in making that that was someone else - and she goes, "No. I |
| 13 | determination. gave Jeffrey my number and, I said, You know, if |
| 14 | A couple of the issues though, in you want me to give you a massage again, |
| 15 | particular • with a camera here today, for some basically I'm more than anxious to come." |
| 16 | unknown reason, showing up at this hearing - is On Page 9, LM. says, 'I willingly took' |
| 17 | there were references to drugs, alcohol, other 'so I willingly, the first time, took off my top |
| 18 | instances that are not applicable to this case. when I gave him the massage and nothing more |
| 19 | There's no pleadings on that particular issue. than that." |
| 20 | and I'm concerned about that, is that there's an She goes on to say in her testimony at |
| 21 | attempt to jack this up in the media, as I said, ge 10, her sworn statement, "I said, I told |
| 22 | with the camera here today, for no other Jeffrey, 'I heard that you like massages |
| 23 | hearing. It's ridiculous under the |
| 24 | circumstances, and to make aS of these ■ 'And he said 'Like, yeah.' He said, 'But |
| 25 | allegations against Mr. Epstein for which there u don't have to do anything that you don't |
| 1 | is absolutely no evidentiary proof nor was thilSe |
| 2 | submitted here in support of their proffer, I |
| 3 | did want to address at that. |
| 4 | So let me get to the heart of the Issue. |
| 5 | I think the most distinguishing part of this |
| 6 | particular case that's different; that is, LM. |
| 9 | Again, there's a strong distinction. She |
| 10 | gave a sworn statement back in '05 or in '06. |
| 11 | She had - L.M. did- she had an attorney, Mr. |
| 12 | Eisenberg, h was before she had a civil lawyer |
| 13 | who's seeking millions of dollars under these |
| 14 | circumstances, and the testimony of L.M. at that |
| 15 | ime was very significant and it flies directly |
| 16 | %. the face of her "sworn testimony' or her |
| 17 | n interrogatories.' |
| 18 - | The Court had Mr. read in L.M.'s |
| 19 | answer and E.W.'s answer to their |
| 20 | 1 Interrogatories as to what allegedly occurred |
| 21 | with Mr. Epstein and, a surprise,' they were |
| 22 | almost verbatim, word for word, as to what |
| 23 | allegedly happened. |
| 24 | But at the time of her sworn statement to |
| 25 | the FBI, L.M. said on 4/24/07 - again, it was an |
| | 1 feel comfortable with." |
| | 2 'And I said, 'Okay,' but I willingly took |
| | 3 it off" - this is L.M. at the time. This is her |
| | 4 sworn testimony. At Page 17, the police officer or the FBI |
| | 6 agent says, 'and when he turned over then did he |
| | 7 touch you at all or was he just' -- Her answer and E.W., Is the fact that L.M. gave a sworn |
| | 8 was, 'No, I did not touch him, he did not touch statement to the FBI In this instance. |
| | 9 me. He didn't even want..' and I assume to 'touch you' She goes on to say, 'He didn't want me to touch him and he didn't touch me.' She goes on and on in this statement, L.M., in the statement and she says, 'We had fun.' 'It was positive," on Page 18. On Page 19, 'You know, I would wear panties. Willingly one time, because we were making jokes and everything, and willingly one time, I had, yes, I was totally nude, but I was line with that.' She talks about within the statement the other girls that she brought over. Again, she's testified or she gives the Interrogatory answer that this was outrageous to her, but, yet she |
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| | brought other girls to experience this. She | | |
| | referenced. 'W' I would represent to be E.W. In | | |
| | that when Mr. Berger and I were arguing a prior | | |
| 1 | me. They begged me, you know, for us to | | |
| 2 | Jeffrey's house because they loved Je | | |
| 3 | Jeffrey is a respectful man, he really is. | | |
| 4 | mean, he all thought we were of a | | |
| 7 | to her, "Now, when you re working for him, you | | |
| | were going over to Jeff s house to give him | | |
| 9 | massages, did you ha end?" | | |
| 10 | 'Yeah." | | |
| 11 | 'And how heir boyfriend feel about | | |
| 12 | it?' | | |
| 13 | "1-1,Was' - L. . says, 'He was a jealous | | |
| 14 | 610e boy, but he didn't care, 'Bring home the | | |
| 15 | ' ' and the statement goes on and on, Your | | |
| 16 | onor. I know you've had an opportunity read it | | |
| 17 | ore and I reference again today. | | |
| 19 | between L.M., now that she has a civil lawyer | | |
| 20 Y | and she wants money, versus at the time that she | | |
| 21 | didn't want money and she gave a statement under | | |
| 22 | oath to the FBI and the United States attorney's | | |
| 23 | office. | | |
| 24 | I recognize the Courts role in this. I | | |
| 25 | recognize the standard. I recognize that both | | |
| | | 1 | LM. and E.W. in their Answers to |
| | says - now that she has a civil lawyer seeking | 2 | Interrogatories have made all sorts of, what we |
| | money damages - new TS a bad experience.' | 3 | believe in part, are baseless or in large part |
| | Now all of a sudden, "He touched me, he did | 4 | baseless allegations, but we also have sworn |
| | these things to me." She references - at least, on Page 29 of | 5 | testimony of LM. on this instance. |
| | | 6 | We don't have it of E.W., but we have LM. |
| | the statement, Judge - there's a W" that's | 7 | testifying about her own experience under oath: |
| | the E.W. complaint, and I think we established | a | That it was positive: that he never used force, |
| | | 9 | that she willingly did a number of times |
| | motion to you. So she talks about E.W. on Page | 10 | including giving topless massages; that Mr. |
| | | 11 | Epstein never touched her, that she never |
| | | 12 | touched him inappropriately, all she did was |
| | Plats when she starts saying, she says, | 13 | basically give him massages; that E.W., in this |
| | 'EW' -'she; meaning E.W., "was my baby's | 14 | instance, as well as all the other girls that |
| | fathers girlfriend at the time." | 15 | she took, she spoke with them afterwards, they |
| | Then on Page 30, 'How old was E.W.?" 'She was 17.' | 16 | begged to go back to Mr. Epstein's home, and |
| | | 17 | none of them, not one of them ever complained. |
| | Alright, so you have 12, 13, 14. 15, 16. | 18 | So there's a large chasm between what is |
| | You have L.M. saying "W" was 17 at the time. | 19 | now being asserted in Answers to Interrogatories |
| | 'And what happened when W came over?" | 20 | and mere allegations in the complaint between |
| | She said the same thing, "She went a few | 21 | what the sworn testimony, at least L.M., was |
| | times." | 22 | nder the circumstances, as it relates to |
| | On Page 31, L.M. testified under oath to the FBI and the United States attorney, 'None of my girls ever had a problem. And they'd call | 23 | rseff and what she was told by E.W. and other ifs. Thank you. Your Honor. THE COURT: Thank you. |
| | | | Mr. III give you a couple minutes here. |
| | that's what's so sad about it.. And she goes on, Page 3‘, a'nd INFBI says | | MR. I . Your Honor, I want to address the statement that was made by LM. to the FBI and how that even came about. This Is a girl who, at the time of the statement, was fairly unaware of the investigation against Mr. Epstein, who is now, as we know, a convicted sex offender. An attorney showed up to her house, paid for by Mr. Epstein, to represent her despite - and told her that, "For your role, you could possibly be implicated In some wrongdoing.' MR. CRITTON: Your Honor, just -- |
| | There's clearly a distinction conflict | | MR. : He represent -- MR. CRITTON: — note my objection. This is complete hearsay here. He was aware of what was filed. He didn't file any affidavits for his client in opposition. I would object to any of this. THE COURT: Alright. I don't want to get Into any of the details. I don't think its necessary at this juncture, which probably leads me to my question to you: that is: Is the |
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| 2 juncture? | |
| 3 MR. : No, Your Honor, I don't | |
| 4 believe that's the standard at this stage | |
| 6 believes that either. | |
| 7 Just so the record's clear, we had nothing | |
| 9 that was implied. I don't know who did. I | |
| MR. : It's perfectly rine, bul I | |
| MR. a Either way, sounds like what | |
| 1 Epstein's possession indicating the dates, w | |
| 2 would show how old those girls were, and t' | |
| 3 evidence that will be presented in this ca | |
| 4 There are serious statutes to protect | |
| 6 second and third degree felonies were committed | |
| 7 repeatedly against them, and this Is a case | |
| 8 where, at least In a civilcase, punitive | |
| 9 damages are warranted, Your Honor. | |
| 10 Thank you, Your Honor. | |
| 11 THE COURT:\_\_Thank you both. I'm going to | |
| 12 grant the motiorcirttonlormance with and | |
| 13 following the Des rain case, the Court indicates, | |
| 14 in following the analysis of Judge Hugler - and, | |
| 15 by the way, that analysts of Judge Hugler is | |
| 16 commented upon on a supportive basis by several | |
| 17 appellate courts - and in the Despain case under | |
| 18 headnote 7 and 8 on Page 642 it slates: 'a | |
| 20 the term, connotes merely an 'offer of evidence | |
| 21 and neither the term standing alone nor the | |
| 22 statute itself calls for an acYudication of the | |
| 23 underlying veracity of that which is submitted, | |
| 24 much less for countervailing evidentiary | |
| 25 submissions' | |
| 1 | The Court finds that, while I appreciate |
| 2 | Mr. Critton's argument and while I appreciate |
| 3 | his submission, that essentially at this stage, |
| 4 | respectfully, he is, at this point, presenting |
| 5 | countervailing evidentiary submissions. |
| 6 | The Court further goes on in paraphrasing and then directly quoting Judge Hugler: 'Therefore a proffer is merely a representation |
| 9 | of what evidence the defendant proposes to |
| 10 | present and is not actual evidence.' Actually, |
| 11 | that's a quote from Grim vs. State, 641 So.2d. |
| 12 | 455, 462, and that, I believe, is a Florida |
| 13 | Supreme Court case, even though the citation |
| 14 | itself is not complete. |
| 15 | It goes on to say importantly - and that |
| 16 | is in the Despain case - 'A reasonable showing |
| 17 | by evidence in the record would typically |
| 18 | include depositions, interrogatories, and |
| 19 | requests for admissions that have been filed |
| 20 | with the court. Hence, an evidentiary hearing |
| 22 | where witnesses testify and evidence is offered |
| 22 | and scrutinized under the pertinent evidentiary |
| 23 | rules, as in a trial, is neither contemplated |
| 24 | nor mandated by the statute in order to terrnine whether a reasonable basis has been established to plead punitive damages,' and Ill admit this citation from the Fifth District Court of Appeal, but, again, that Is cited in |
| 4 | Despain. Likewise, In Strasser vs. Yalamanchi, 677 |
| 6 | So.2d. 22, which is a Florida Fourth District |
| 7 | Court of Appeal case from 1996, which is one of |
| 8 | the paradigm cases on the proffering of punitive |
| 9 | damage evidence, that states that 'there was |
| 0 | reasonable basis for recovery of punitive |
| 11 | damages' can be demonstrated by either a |
| 12 | presentation of supporting evidence already in |
| 13 | the record or by a proffer of the evidence to |
| 14 | come. |
| 15 | I find that a combination of the Answers |
| 16 | to Interrogatories - I will take into account, |
| 17 | though, give little weight to the Fifth |
| 18 | Amendment arguments of Plaintiffs - but |
| 19 | certainly the Answers to Interrogatories on |
| 20 | behalf of both of these individual Plaintiffs in |
| 21 | this Court's view, and particularly in |
| 22 | conjunction with the Coercion statute relative |
| 23 | to prostitution, 796.09, would form a reasonable |
| 24 | basis to establish at least a claim for punitive |
| 25 | damages, recognizing that, again, the courts |
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4 2 THE COURT: --'the amended c 3 shall be deemed filed as of the date o order from today.'
5 6 MR. BERGER: We'll draft it present it to the bailiff.
7 8 9 10 THE COURT: Not a pro ank you very much. Gentlemen, t k you 1 ur arguments and your submissions harts a good rest of the week.
11 12 MR. CRI L H they get It typed I'll lake a copy.
13 aring ncluded at 9:05 a.m.)
29
1 have made clear that the proffer and the burden 2 on the moving party Is much less than at summary 3 judgment or at trial, so I will allow the 4 amendments to proceed and, therefore, we do have an amended complaint, so how much time will you 6 need, Mr. Griffon, to respond?
7 MR. CRITTON: I just wrote to Mr. Berger 20 days I would Ike for both of them. if that's 9 agreeable with the Court.
10 THE COURT: Fine with me, as long as it's 11 fine with the Plaintiffs.
12 MR. BERGER: Yes, Your Honor. I drafted 13 an order and just showed it to Mr. Clifton. It 14 just says: 'Granted for reasons stated on the 15 record. Plaintiff may file an amended complaint 16 to allege a count for battery' - which is also 17 part of our motion, which was unopposed -'and 18 punitive damages. The defense shall have 20 19 days to respond'
20 THE COURT: I believe you already filed 21 the proposed amended complaint.
22 MR. : Yes. Your Honor. I filed it 23 with the motion.
24 MR. BERGER: I'll correct that.
25 THE COURT: You can indicate in there •-
30
MR. CRITTON: Deemed filed.
1 2 3 4 31 CERTIFICATE STATE OF FLORIDA ) COUNTY OF BROWARD )
UR DiLORENZO, R
20 21 22
;iS '4)9
I, JENNIFER D. DiLORENZO, Shorthand Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript Is a true and complete record of my stenographic notes.
Dated this 5th day of August, 2009.
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