Draft: efta02742589

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA¶

JANE DOE NO. 6,¶

Plaintiff, vs.¶

JEFFREY EPSTEIN,¶

Defendant. /¶

CASE NO.:¶

08-CV-80994-Hurley¶

¶

COMPLAINT¶

Plaintiff, Jane Doe No. 6 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows:¶

Parties, Jurisdiction and Venue¶

• 1. Jane Doe No. 6 is a citizen and resident of the State of Florida, 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. Additionally, this Court has jurisdiction pursuant to 28 U.S.C. §1331 because Plaintiff alleges a claim under the laws of the United States. This Court has supplemental

jurisdiction pursuant to 28 U.S.C. §1367(a) over all other claims set forth herein which form part of the same case or controversy.¶

7. This Court has venue of this action pursuant to 28 U.S.C. §§1391(a) and 1391(b) as ^a substantial part of the events or omissions giving rise to the claim occurred in this District.

Factual Allegations¶

8. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, approximately 52 years old. Epstein is afinancier and money manager with asecret clientele limited exclusively to billionaires. He is himself aman 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.

9. Upon information and belief, Epstein has asexual preference and obsession for underage minor 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 2004, Jane Doe, then approximately 13 years old, fell into Epstein's trap and became one of his victims.

10. 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.

11. Epstein's scheme involved the use of young girls to recruit underage girls. These underage girls were recruited ostensibly to give a wealthy man ^amassage for monetary compensation in his Palm Beach mansion. Epstein, upon information and belief, 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.¶

12. Epstein's plan and scheme reflected a particular pattern and method. The underage victim would be brought or directed to Epstein's mansion, where she would be led up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. 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.

13. Consistent with the foregoing plan and scheme, when Jane Doe was only 13 years old, she was recruited by another girl to give Epstein a massage for monetary compensation. Jane was brought to Epstein's mansion in Palm Beach. Once there, she was led up the flight of stairs to the room with the massage table. Epstein came into the room and directed Jane to remove her clothes and give him a massage. As directed by Epstein, Jane stripped to her underwear. Epstein then sexually assaulted Jane during the massage. hi addition, Epstein masturbated during the massage. Epstein then paid Jane money.

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 and Batten¶

15. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above.

16. Epstein made an intentional, unlawful offer of offensive sexual contact toward Jane Doe, creating a reasonable fear of imminent peril and sexual assault.

17. Epstein intentionally inflicted harmful or offensive sexual contact on the person of Jane Doe.

18. Epstein tortiously committed a sexual assault and battery on Jane Doe. Epstein's acts were intentional, unlawful, offensive and harmful.

19. Epstein's plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously.

20. 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. 6 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 11 Intentional Infliction of Emotional Distress¶

21. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above.

22. Epstein's conduct was intentional or reckless.

23. Epstein's conduct with a minor was extreme and outrageous, going beyond all bounds of decency.

24. Epstein committed willful acts of child sexual abuse on Jane Doe. These acts resulted in mental or sexual injury that caused or were likely to cause Jane Doe's mental or emotional health to be significantly impaired.

25. 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 distress and

damage to Jane Doe, or Epstein acted with reckless disregard of the high probability of causing severe emotional distress to Jane Doe.¶

26. 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. 6 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.¶

COUNT HI Coercion and Enticement to Sexual Activity in Violation of 18 U.S.C. 42422¶

27. Plaintiff Jane Doe repeats and realleges paragraphs I through 14 above.

28. Epstein used a facility or means of interstate commerce to knowingly persuade, induce or entice Jane Doe, when she was under the age of 18 years, to engage in prostitution or sexual activity for which any person can be charged with a criminal offense.

29. Epstein's acts and conduct are in violation of 18 U.S.C. §2422.

30. As a result of Epstein's violation of 18 U.S.C. §2422, Plaintiff has suffered personal injury, including mental, psychological and emotional damages.

31. Plaintiff hired Herman & Mermelstein, P.A., in this matter and agreed to pay them a reasonable attorneys' fee.

WHEREFORE, Plaintiff Jane Doe No. 6 demands judgment against Defendant Jeffrey Epstein for all damages available under 18 U.S.C. §2255(a), including without limitation, actual and compensatory damages, costs of suit, and attorneys' fees, and such other and further relief as this Court deems just and proper.¶

JURY TRIAL DEMAND¶

Plaintiff demands a jury trial in this action on all claims so triable.¶

Dated: September 0( , 2008¶

Respectfully submitted,¶

By: Yw¶

J rcy M. Herman (FL Bar No. 521647)¶

jherman@hermanlaw.com¶

Stuart S. Merrnelstein (FL Bar No. 947245)¶

ssm@hermanlaw.com¶

Adam D. Horowitz (FL Bar No. 376980)¶

ahorowitzahermanlaw.com¶

HERMAN & MERMELSTEIN, P.A.¶

Attorneys for Plaintiff¶

18205 Biscayne Blvd., Suite 2218¶

Miami, Florida 33160¶

Tel: 305-931-2200¶

Fax: 305-931-0877¶

08-C \489994-titsrlef -Hopkins-lama COMERISHEETD Docket 09/11/2008 Page 7 of ⁷ The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing, and service of pleading or 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 1974. 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.)¶

1(a) PLAINTIFFS JANE DOE NO. 6, (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF PALM BEACH COUNTY (EXCEPT IN U.S. PLAINTIFF CASES) (c) ATTORNEYS (FIRM NAME. ADDRESS, AND TELEPHONE NUMBER) Herman & Mermebteln, PA, 18205 Biscayne Blvd., Suite 2218 Miami, FL 33160, (305) 931-2200¶

DEFENDANTS JEFFREY EPSTEIN COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW YORK (IN U.S. PLAINTIFF CASES ONLY) ATTORNEYS (IF KNOWN)¶

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

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

O 1. U.S. Goverment X 3 Federal Question (U.S. Government Not aParty) 0 4. Diversity (Indicate Citizenship 01 Parties in Item Plaintiff O 2. U.S. Government Defendant Ill)¶

evne97V-birki-4v045¶

III. CITIZENSHIP OF PRINCIPAL PARTIES PLACE AN X IN ONE BOX FOR PLAINTIFF¶

(For Diversity Case Only) PTF DEF Citizen of This State 01 0 Citizen of Another State 0 2 0 2 Citizen or Sutriect of a Foreign Country U 3 O ³ AND ONE FOR DEFENDANT PTF DEF Incorporated of Rincipal Place of O 4 ⁰ Business in This State Incorporated and Prince3al Ptece of 0 5 0 ⁵ Business in Another State Foreign Nation 0 6 0 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.) ACTION FOR SEXUAL ASSAULT UNDER 18 U.S.C. $2422 AND STATE LAW¶

^Na. j_ 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 <input checked="" type="checkbox"/> 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"/> 345 Marine Product Liability <input type="checkbox"/> 350 Motor Vehicle <input type="checkbox"/> 355 Motor Vehicle Product Liability <input checked="" type="checkbox"/> 360 Other Personal Injury	<input type="checkbox"/> 362 Personal Injury-Med Malpractice <input type="checkbox"/> 365 Personal Injury-Product Liability <input type="checkbox"/> 368 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 26 USC 157	<input type="checkbox"/> 400 Status Reappointment <input type="checkbox"/> 410 Antitrust <input type="checkbox"/> 430 Banks and Banking <input type="checkbox"/> 450 Commerce/KCC Rates/etc. B <input type="checkbox"/> 460 Deportation <input type="checkbox"/> 470 Racketeer Influenced and Corrupt Organizations <input type="checkbox"/> 810 Selective Service <input type="checkbox"/> 850 Securities/Commodities/Exchange <input type="checkbox"/> 875 Customer Challenge 12/USC3410 <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"/> 895 Freedom of Information Act <input type="checkbox"/> 900 Appeal of Fee Determination Under Equal Access to Justice <input type="checkbox"/> 960 Constitutionality of State Statutes <input type="checkbox"/> 890 Other Statutory Actions" " A or B
A REAL PROPERTY	A CIVIL RIGHTS	B PRISONER PETITIONS	A LABOR	B SOCIAL SECURITY
<input type="checkbox"/> 210 Land Condemnation <input type="checkbox"/> 220 Forebreakure B <input type="checkbox"/> 230 Rent Lease & Ejectment <input type="checkbox"/> 240 Torts to Land <input type="checkbox"/> 245 Tort Product Liability <input type="checkbox"/> 290 All Other Real Property	<input type="checkbox"/> 441 Voting <input type="checkbox"/> 442 Employment <input type="checkbox"/> 443 Housing/Accommodations <input type="checkbox"/> 444 Welfare <input type="checkbox"/> 440 Other Civil Rights	<input type="checkbox"/> 510 Motions to Vacate Sentence Habeas Corpus <input type="checkbox"/> 530 General" <input type="checkbox"/> 535 Death Penalty <input type="checkbox"/> 540 Mandamus & Other" <input type="checkbox"/> 550 Civil Rights "A or B	<input checked="" type="checkbox"/> 710 Fair Labor Standards Act <input type="checkbox"/> 720 Labor Management Relations B <input type="checkbox"/> 730 Labor Management Reporting & Disclosure Act <input type="checkbox"/> 740 Railway Labor Act <input type="checkbox"/> 750 Other Labor Litigation <input type="checkbox"/> 791 Employee Ret. Inc. Security Act B	<input type="checkbox"/> 861 HIA (1366ff) <input type="checkbox"/> 862 Black Lung (923) <input type="checkbox"/> 863 DNW/DIWW (405(g)) <input type="checkbox"/> 864 SSID Title XVI <input type="checkbox"/> 865 RSI (405(g))	<input type="checkbox"/>

VI. ORIGIN ^x1. Original O 2. Removed from Proceeding State Court O 3. Remanded from Appellate Court (Specify) O 4. Refilled O 6. Multidisbict Litigation O 7. Appeal to Diable* Judge from O 5. Transferred from another district Magistrate Judgment¶

VII. REQUESTED IN COMPLAINT CHECK IF THIS IS A D CLASS ACTION O UNDER F.R.C.P. 23 DEMAND $ O Check YES only if demanded in X YES compleint JURY DEMAND: D NO¶

VIII. RELATED CASE(S) IF ANY Jane Doe 2 v. Jeffrey Epstein Jane Doe 3 v. Jeffrey Epstein Jane Doe 4 v. Jeffrey Epstein Jane Doe 5 v. Jeffrey Epstein (See Instructions): (SEE ATTACHED) JUDGE KENNETH A. MARRA JUDGE KENNETH A. MARRA JUDGE KENNETH A MARRA JUDGE KENNETH A MARRA DOCKET NUMBER 08-CV-80119-MARRA-DOCKET NUMBER 08-CV-80232-MARRA DOCKET NUMBER 08-CV-80380-MARRA DOCKET NUMBER 08:80381 --MARRA¶

DATE Sep~ (o IA E UNITED STATES DISTRICT COURT S/F 1-2 REV. 954 SIGNATURE OF ATTORNEY OF RECORD / Receipt No. Amount Date Paid: ^ M.410: FOR OFFICE USE ONLY:¶