Draft: efta02798767

EXHIBIT 5 PART 1¶

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA¶

CASE NO: 08-CV-80119-MARRA [REDACTED]¶

JANE DOE NO. 2,
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.¶

Related Cases:
08-80232, 08-80380, 08-80381, 08-80994,
08-80993, 08-80811, 08-80893, 09-80469,
09-80591, 09-80656, 09-80802, 09-81092.¶

VIDEOTAPED DEPOSITION OF JEFFREY EDWARD EPSTEIN
VOLUME I
(Pages 1 - 189)¶

Monday, March 8, 2010
301 Clematis Street
Suite 3000
West Palm Beach, Florida 33401
10:05 a.m. - 6:17 p.m.¶

Reported By:
Vicki L. Lima, Court Reporter
Notary Public, State of Florida
Universal Legal Reporting
Phone - (954) 712-2600
Job #92076-A¶

1 APPEARANCES:¶

• 2 On behalf of the Plaintiffs, Jane Doe 2 through 8:
• 3 ADAM HOROWITZ, ESQUIRE
• 4 JESSICA D. ARBOUR, ESQUIRE
• 5 MERMELSTEIN & HOROWITZ, P.A.
• 6 18205 Biscayne Boulevard
• 7 Suite 2218
• 8 Miami, Florida 33160
• 9 On behalf of the Plaintiffs, Jane Doe, L.M. and E.W.:
• 10 BRAD [REDACTED] ESQUIRE
• 11 [REDACTED] JAFFE, WEISSING,
• 12 FISTOS & LEHRMAN, P.L.
• 13 425 North Andrews Avenue
• 14 Suite 2
• 15 Fort Lauderdale, Florida 33301
• 16 On behalf of the Plaintiff, Jane Doe 103:
• 17 KATHERINE W. EZELL, ESQUIRE
• 18 PODHURST ORSECK
• 19 City National Bank Building
• 20 25 West Flagler Street
• 21 Suite 800
• 22 Miami, Florida 33130
• 23 On behalf of the Defendant and Witness:
• 24 MICHAEL J. PIKE, ESQUIRE
• 25 BURMAN, CRITTON, LUTTIER & COLEMAN
• 26 303 Banyan Boulevard
• 27 Suite 400
• 28 West Palm Beach, Florida 33401
• 29 JACK A. GOLDBERGER, ESQUIRE
• 30 ATTERBURY, GOLDBERGER & WEISS, P.A.
• 31 One Clearlake Centre
• 32 250 Australian Avenue South
• 33 Suite 1400
• 34 West Palm Beach, Florida 33401
• 35 ALSO PRESENT:
• 36 Alex Ayala, Videographer

1 PROCEEDINGS¶

• 2 ---
• 3 Videotaped deposition taken before Vicki L. Lima, Court
• 4 Reporter, and Notary Public in and for the State of
• 5 Florida at Large, in the above cause.
• 6 ---
• 7 THE VIDEOGRAPHER: We are now on the record.
• 8 This is the videotaped deposition of Jeffrey
• 9 Epstein, taken in the matter of Jane Doe Number 2
• 10 vs. Jeffrey Epstein, Case Number 08-CV-80119.
• 11 We are here at 301 Clematis Street, Suite 3000,
• 12 West Palm Beach, Florida 33401. It is Monday,
• 13 March 8th, 2010. The time is 10:05. The court
• 14 reporter is Vicki Lima. The videographer is Alex
• 15 Ayala.
• 16 Will counsel please introduce themselves?
• 17 MR. HOROWITZ: Sure. My name is Adam Horowitz
• 18 from Mermelstein & Horowitz, counsel for Plaintiffs
• 19 Jane Doe 2 through 8. And just for record
• 20 purpOses, the deposition is taken -- being taken in
• 21 those cases as well.
• 22 MR. PIKE: Please introduce yourself.
• 23 MS. ARBOUR: Jessica Arbour, Mermelstein &
• 24 Horowitz.
• 25 MR. [REDACTED]: Brad [REDACTED]. I represent Jane

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Doc. It's also been cross-noticed in that case as well, but I think it's styled in the Jane Doe 2 case. MS. EZELL: Katherine Ezell. I represent Jane Doe 103. MR. PIKE: Michael Pike on behalf of Jeffrey Epstein. THE VIDEOGRAPHER: Will the court reporter please swear in the witness? THE REPORTER: Raise your right hand, please. UPON: JEFFREY EDWARD EPSTEIN having been first duly sworn or affirmed, was examined and testified as follows: THE WITNESS: Yes, =. DIRECT EXAMINATION BY MR. HOROWITZ: Q Please tell us your full name? A Jeffrey Edward Epstein. Q And is your date of birth January 20, 1953? A Yes. Q Okay. And I guess that makes you 57 years old at the present time? A Correct. ler¶

1 Q And you are, sir, a registered sex offender in 2 the State of Florida? 3 A Correct. 4 Q Okay. How long have you been a sex offender in 5 the State of Florida? 6 MR.. PIKE: Form. 7 THE WITNESS: I registered on -- in, I believe, 8 '08, July of '08. 9 BY MR. HOROWITZ: 10 Q Okay. Are you married? 11 A No. 12 Q Have you ever been married? 13 A No. 14 Q Are you engaged? 15 A No. 16 Q Have you ever been engaged? 17 MR. PIKE: Form. 18 THE WITNESS: On advice of counsel, I'm going 19 to assert my Fifth Amendment Right as to that. 20 BY MR. HOROWITZ: 21 Q Are you suffering from any physical illness or 22 injury today that would prevent you from sitting for a 23 full day of deposition? 24 A No. 25 Q Your hearing is okay?¶

1 A What's that? Yes. 2 Q Okay. No back or neck pain at the present 3 time? 4 A No. 5 Q Do you have a girlfriend at the present time? 6 MR. PIKE: Form. 7 THE WITNESS: On advice of counsel, I'm going 8 to assert my Fifth Amendment Right. 9 BY MR. HOROWITZ: 10 Q Do you have a driver's license in any state? 11 A Yes. 12 Q In what state? 13 A The United States Virgin Islands. 14 Q Okay. How long have you had a driver's license 15 in the Virgin Islands? 16 A I believe twelve years. 17 Q Okay. Have you ever had a driver's license in 18 the State of Florida? 19 A Yes, sir. 20 Q Okay. And during what years did you have a 21 driver's license in the State of Florida? 22 A I don't remember. 23 Q Okay. What address appears on your driver's 24 license in the Virgin Islands? 25 MR. PIKE: Form.¶

THE WITNESS: I don't remember. 2 BY MR. HOROWITZ: 3 Q Is it the address that you reside in? 4 MR. PIKE: Form. 5 THE WITNESS: On advice of counsel,1 am going 6 to assert my Fifth Amendment Right. 7 BY MR. HOROWITZ: 8 Q Okay. Did you review any documents in 9 preparation for today's deposition? 10 A No. 11 Q Okay. Did you meet with your attorneys 12 concerning this deposition at any time before it 13 started? 14 A At any time I've — over the past couple of 15 months, but not specifically with this deposition. 16 Q Okay. I'm asking about -- concerning this 17 deposition? 18 A No. 19 Q Okay. In June of 2008, you pled guilty to two 20 felonies; is that correct? 21 A Correct. 22 Q Okay. One of those felonies involved procuring 23 a person under the age of 18 for prostitution, correct? 24 A Yes. 25 0 You pled guilty to that charge, correct?¶

1 A That's correct 2 Q Okay. And you were represented by legal 3 counsel at the time of your plea? 4 A That's correct. 5 Q Okay. In that particular charge the person 6 under the age of 18 who you allegedly procured for 7 prostitution, was a female, correct? 8 A On advice of counsel, I am going to have to 9 assert my Fifth Amendment Sixth Amendment and 10 Fourteenth Amendment Right. 11 Q In June of 2008, you also pled guilty to a 12 felony charge of solicitation of a prostitute, correct? 13 A No, solicitation of prostitution, correct 14 Q Okay. And to make sure we're on the same page. 15 in June of 2008, you pled guilty to a felony of 16 solicitation of prostitution, correct? 17 A Yes. 18 Q Okay. And you were represented by counsel at 19 the time of that guilty plea as well? 20 A Yes, sir. 21 Q Okay. And you were sentenced in Palm Beach 22 County for both of those felonies, correct? 23 A That's correct. 24 Q Okay. You actually served your time in Palm 25 Beach County?¶

Page 10¶

1 A That's correct. 2 Q Okay. And at the time of your sentence, did 3 the Judge advise you as to what your sentence would be? 4 A I believe so. 5 Q You were there when the Judge entered the 6 sentence? 7 MR. PIKE: Form. THE WITNESS: Yes. 9 BY MR. HOROWITZ: 10 Q Okay. Your sentence included jail time; is 11 that right? 12 A That's correct. 13 Q Okay. And the sentence you received was twelve 14 months, followed by six months; is that correct? 15 A I believe so. 16 Q Uh-huh. And was it at -- as pan of that 17 sentence, that you were designated as a sex offender? 18 MR. PIKE: Form. 19 THE WITNESS: As a result of that sentence. 20 BY MR. HOROWITZ: 21 Q You were designated as a sex offender? 22 A That's correct. 23 Q Okay. So that would have been that June/July 24 2008 time frame? 25 A I believe so.¶

1 2 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Do you register your home address as part of your sex offender designation? MR. PIKE: Form. THE WITNESS: I believe so. BY MR_ HOROWITZ: Q Okay. What address do you provide as your home address as pan of your sex offender registration? MR. PIKE: Form. THE WITNESS: On advice of counsel, I will have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Right. BY MR. HOROWITZ: Q Okay. Do you tell the State of Florida where you live as part of your sex offender registration? A Do I tell the State of Florida? Q Any department within the State of Florida where you live as pan of your sex offender registration? A I believe so. Q What address do you tell them that you live in? MR. PIKE: Form, same objection. THE WITNESS: And I am going to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendmen Rights. BY MR. HOROWITZ:¶

Page 12¶

1 Q Do you tell any departments of the State of 2 Florida what vessels or vehicles you own as part of you' 3 sex offender registration? 4 A My sex offender registration will speak for 5 itself, but I believe so. I don't remember. 6 Q Okay. What vehicles or vessels do you inform 7 the State of Florida that you own or have an interest in 8 as part of your sex offender registry? 9 MR. PIKE: Form, same objection. 10 THE WITNESS: I don't recall. 11 THE REPORTER: What did you say? 12 THE WITNESS: I don't recall. 13 BY MR. HOROWITZ: 14 Q If you know, are there locations that you 15 cannot live in because of your status as a sex 16 offender? 17 A I believe I — 18 MR. PIKE: Form. 19 THE WITNESS: -- I believe I can live in any 20 location. 21 BY MR. HOROWITZ: 22 Q Any location? 23 A Yes, sir. 24 Q If you know, are there places you =mot work 25 because of your status as a Sex offender?¶

1 MR. PIKE: Form. 2 THE. WITNESS: I don't believe so. 3 BY MR. HOROWITZ: 4 Q If you know, are there people that you cannot 5 come into contact with because of your scams as a sex 6 offender? 7 MR. PIKE: Form. 8 THE WITNESS: I do not know. 9 BY MR. IIOROWITZ: 10 Q Okay. Since being sentenced -- strike that. 11 As part of your sentence, arc you forbidden 12 from having sexual contact with minors? 13 MR. PIKE: Form, argumentative. 14 THE WITNESS: I'm sorry? 15 BY MR. HOROWITZ: 16 Q As part of your sentence, are you forbidden 17 from having sexual contact with minors? 18 MR. PIKE: Same objection. 19 THE WITNESS. I don't know -- I believe that 20 sexual contact with minors is against the law, so I 21 would assume so. 22 BY MR. HOROWITZ: 23 Q Okay. As part of registering as a sex 24 offender, do you have to provide the State of Florida 25 with your business address?¶

1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information? A It's done at the Stockade in Palm Beach County. Q Okay. So since being released, you travel to the Stockade to provide that information? A On advice of counsel, I am going to assert my Fifth Amendment, Fourteen Amendment and Sixth Amendm Right. THE VIDEOGRAPHER: Sorry to interrupt. I need to go off the record for a second because of sound. MR. HOROWITZ: All right. THE VIDEOGRAPHER: Time off the record 10:14. (Thereupon, a short break was taken.) THE VIDEO(iRAPHER: Time on the record 10:15. BY MR. HOROWITZ: Q Sir, as part of your sentence in 2008, you also had to provide a DNA sample to the court: is that correct? MR. PIKE: Form. THE WITNESS: That's correct. BY MR. HOROWITZ: Q And per the sentence in the summer of 2008, you were to be under community control after your time in jail; is that correct? MR. PIKE: Form.¶

Page 14¶

1 A Yes, I believe so. 2 Q Okay. And what business address do you provide 3 the State of Florida — 4 MR. PIKE: Form. 5 BY MR. HOROWITZ: 6 Q -- as part of your registry with the -- as a 7 sex offender? 8 THE WITNESS: On advice of counsel, I am going 9 to assert my Fifth Amendment, Fourteen Amendment 10 and Sixth Amendment Right. 11 BY MR. HOROWITZ: 12 Q Flow many vehicles do you tell the State of 13 Florida that you own as part of your registration as a 14 sex offender? 15 A I don't know. 1 -- 'don't know. I don't 16 recall. 17 Q With respect to those matters that you -- you 18 do know that you provide to the State of Florida -- 19 A Ycs. 20 Q -- who provides that information, meaning you 21 or someone on your behalf? 22 MR. PIKE: Form. 23 THE WITNESS: I do. 24 BY MR. HOROWITZ: 25 Q Okay. And where do you send in that¶

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: That's correct. BY MR. HOROWITZ: Q Are you still under community control? A Yes, sir. Q Okay. When does that end? A July 21st -- Q 2010? A -- July 10 -- yes, 2010. Q July 21st, 2010, your community control ceases? A That's correct. Q Okay. Do you have a community control officer? A Yes, sir. Q What is his or her name? A Miss Elkins, Officer Elkins. Q How often do you see Miss Elkins in person? A At least twice a week. Q Okay. How much time do you spend with Miss Elkins when you see her? A It varies -- Q And -- A — up to an hour each time. Q Okay. And the typical occasion which you come face-to-face with Miss Elkins, what -- what -- what do¶

Page 16¶

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UNIVERSAL COURT REPORTING (954) 712-2600 (877) 291-DEPO (3376)¶

1 you do? 2 MR. PIKE: Form. 3 THE WITNESS: I talk to Miss Elkins. 4 BY MR. HOROWITZ: 5 Q What do you talk about? 6 A If there's -- my schedule. I -- I prepare a 7 schedule for Miss Elkins. 8 Q Okay. A written schedule? 9 A Yes, sir. 10 Q Okay. And you do that every week, or twice a 11 week? 12 A Every week. 13 Q Okay. When was the last time you provided Miss 14 Elkins with a copy of your schedule? 15 A Last Monday. 16 Q Okay. What is Miss Elkins' first name? 17 A I don't know. 18 Q Okay. And so do you drive or get driven to the 19 Stockade to see Miss Elkins? 20 A Yes. 21 Q Okay. And has that been true since you were 22 released from jail? 23 MR. PIKE: Form. 24 THE WITNESS: No. 25 BY MR. HOROWITZ:¶

1 Q Okay. For how long have you been seeing Miss 2 Elkins one to two times per week? 3 A Miss Elkins was -- had replaced my former 4 probation officer, which is Carmine Sloan (phonetic), 5 about a month ago. 6 Q Okay. Did you have a -• another probation 7 officer before Carmine Sloan? 8 A No, sir. 9 Q Okay. And when Carmine Sloan was your 10 probation officer, were you also sccing -- were you 11 seeing him one to two times a week? 12 A It's her, but yes. 13 Q Okay. And were you providing Miss Sloan with 14 - a written schedule? 15 A Yes. 16 Q Okay. Other than providing Miss Sloan with a 17 written schedule, what else — what else do you talk 18 about? 19 A Just my daily activities. 20 Q Well, what do you tell her about your daily 21 activities? 22 A Where I will be. Just my schedule. Where I 23 will be. 24 Q Okay. Is that the subject matter each time 25 that you go see her?¶

1 A Basically, yes. 2 Q And that takes up to an hour? 3 A Yes. 4 Q Okay. Anything else that you talk about other 5 than your schedule with either Miss Sloan or your -- 6 your current -- Miss Elkins? 7 A Not that I can recall. 8 Q And it takes an hour approximately to talk 9 about your schedule? 10 MR. PIKE: Asked and answered. 11 THE WITNESS: Up to an hour. 12 BY MR. HOROWITZ: 13 Q Up to an hour? 14 A Yes. 15 Q Up to an hour? 16 A Yes. 17 Q Okay. Is anyone else with you when you meet -- 18 when you met with Miss Elkins or Miss Sloan? 19 MR. PIKE: Form. 20 THE WITNESS: Which time? 21 BY MR. HOROWITZ: 22 Q Typically. It — do you go alone? 23 A It's — it's — it's in the office. 24 MR. PIKE: Same objection. 25 THE WITNESS: It's at the probation office.¶

1 BY MR. HOROWITZ: 2 Q Okay. Is anyone within earshot such that they 3 can hear your conversation? 4 A 1 don't know. 5 Q Okay. Do you travel to go sec Miss Elkins or 6 Miss Sloan with anybody else? 7 MR. PIKE: Form. 8 THE WITNESS: On advice of counsel, I am going 9 to assert my Fifth Amendment, Sixth Amendment and 10 Fourteenth Amendment Right. 11 BY MR. HOROWITZ: 12 Q Other than the probation officer, whether it be 13 Miss Sloan or Miss Elkins, is there anyone else from 14 their office that is present when you meet with them? 15 MR. GOLDBERGER: From their office, did you 16 say? 17 MR. HOROWITZ: Yes. 18 THE WITNESS: Maybe a couple of times, maybe 19 another probation officer. 20 BY MR. HOROWITZ: 21 Q Okay. And who is that? 22 A 1 don't know. 23 Q Is there anything else, other than your written 24 schedule, that you provide to Miss Elkins or Miss Sloan 25 during the coune of your community control?¶

1 A Not that I can recall. 1 A Yes. 2 Q Okay. What son of things would we find on 2 Q Well, where do they travel to to see you? 3 that schedule? 3 MR. PIKE: Form. 6 BY MR. HOROWITZ: 6 Fourteenth Amendment Right. 7 Q Okay. So it would have a physical location -- 7 BY MR. HOROWITZ: 8 MR. PIKE: Form. 8 Q Okay. Other than your own office, are there 9 BY MR. HOROWITZ: 9 any other locations where you have met Miss Sloan or 10 Q -- such as "office," or would it say an 10 Miss Elkins to discuss your schedule? 11 address? 11 A My probation office. 12 A It just might say "office." It might say an 12 Q Other than the probation office, are there any 13 address. 13 other locations where you've met them? 14 Q Okay. What addresses do you provide Miss Sloan 14 A On advice of counsel, I am going to assert my 15 or Miss Elkins as your address when you are providing 15 Sixth Amendment, Fourteenth Amendment and Fifth 16 your written schedule? 16 Amendment Right. 17 MR. PIKE: Form. 17 BY MR. HOROWITZ: 18 MR. GOLDBEItGER: Form. 18 Q Okay. Do you anticipate that you'll be seeing 19 THE WITNESS; On advice of counsel, I am going 19 Miss Elkins one to two times per week until your 20 to have to assert my Fifth Amendment, Sixth 20 community control expires? 21 Amendment and Fourteenth Amendment Right 21 A Yes. 22 BY MR. HOROWITZ: 22 Q You were also ordered at the time of your 23 Q Other than telling Miss Elkins and Miss Sloan 23 sentence to have no contact, direct or indirect, with 24 that you're at the office, where else do you tell them 24 various girls; is that correct? 25 that you will be? 25 MR. PIKE: Form, confusing.¶

4 MR. PIKE: Form. 4 THE WITNESS: On advice of counsel, I am going 5 THE WITNESS: Where 1 intend to be. 5 to assert my Fifth Amendment, Sixth Amendment and¶

Page 22 Page 24¶

1 MR. PIKE: Same objection. 1 THE WITNESS: I'm sorry, I don't understand the 2 THE WITNESS: I am going to have to assert my 2 question. 3 Fifth Amendment, Fourteenth Amendment and Sixth 3 BY MR. HOROWITZ: 4 Amendment Right. 4 Q Sure. At the time of your sentence we 5 BY MR. HOROWITZ: talked about that a few times already, that was in 6 Q Does the schedule -- written schedule that you 6 Junelluly of 2008? 7 provide to Miss Elkins and Miss Sloan simply say a 7 A Uh-huh. 8 location, or do you also describe your activities? 8 Q My question is: Isn't it true you were ordered 9 A Just the location. 9 at that time to have no contact, direct or indirect, 10 Q Okay. Other than "office," what other 10 with various girls? 11 locations do you from time to time provide to Miss 11 MR. PIKE: Objection. 12 Elkins or Miss Sloan? 12 THE WITNESS: I don't recall. 13 MR. PIKE: Form. 13 BY MR. HOROWITZ: 14 THE WITNESS: I'm going — I am going to, on 14 Q Do you know — 15 advice of counsel, assert my Fifth Amendment, Sixth IS A I don't recall. 16 Amendment and Fourteenth Amendment Right 16 Q Do you know whether the Judge announced that in 17 BY MR. HOROWITZ: 17 Court to you on the date of your sentence? 18 Q Okay. Does your community control officer — 18 A I don't recall. 19 is that is that the correct term, "community control 19 Q Do you recall a document saying that you were 20 officer? 20 directed to have no contact, direct or indirect, with 21 MR. PIKE: Form. 21 various girls as part of your criminal sentence? 22 THE WITNESS: I believe so. 22 MR. PIKE: Form. 23 BY MR. HOROWITZ: 23 THE WITNESS: I believe that was much later. 24 Q Okay. Does your community control officer ever 24 BY MR. HOROWITZ: 25 make unannounced visits to your home? 25 Q Okay. At some point -- that happened later?¶

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UNIVERSAL COURT REPORTING (954) 712-2600 (877) 291-DEPO (3376)¶

1 A That's correct 2 Q Okay. What do you understand to be the terms 3 of this no-contact order that you believe you were 4 provided at a later date? 5 MR. PIKE: Form. 6 MR_ GOLDBERGER: If you know. 7 THE WITNESS: Just to have no affirmative 8 contact -- 9 MR. GOLDBERGER: Be specific. 10 THE WITNESS: -- with — with — with three 11 specific girls. 12 MR. HOROWITZ: Let me just nip this in the 13 bud. A witness -- 14 MR. GOLDBERGER: I — I am just trying to help 15 you along here. 16 MR. HOROWITZ: Okay. 17 MR. GOLDBERGER: No problem. You can -- you 18 can ask the questions, and it will take an hour 19 later. I'm trying to get you an answer that you 20 want. 21 MR. HOROWITZ: I appreciate that. If I -- and 22 if I'm having a hard time, that's my problem. Not 23 yours. 24 MR. GOLDBERGER: Okay. 25 MR. HOROWITZ: But what I was addressing was¶

Page 26¶

1 not your assistance, but the fact that you're 2 speaking up, and you're familiar with the local 3 rules. 4 MR. PIKE: Yeah, let me -- 5 MR. HOROWITZ: No, no, no. 6 MR. PIKE: I know. I understand. 7 MR. HOROWITZ: No, no - e MR. PIKE: Listen, we have got a — we've got a 9 long day ahead of us, so let's move along. 10 MR. HOROWITZ: This is -- this is in the 11 interest of efficiency. 12 MR. PIKE: Okay. Let's go. 13 MR. HOROWITZ: Per witness, one attorney, okay/ 14 I don't care who it is, but it can only be one of 15 you. 16 MR. GOLDBERGER: Okay. So here's the deal: I 17 represent Mr. Epstein on his criminal cases. If I 18 feel it is important for me to interject on issues 19 relevant to his criminal case, I'll do so. 20 Mr. Pike has taken the -- the lead role in 21 representing Mr. Epstein civilly. 22 MR. HOROWITZ: Well -- 23 MR. GOLDBERGER: If there are issues relevant 24 to the criminal case, I'm going interject. As far as your concern about what just occurred¶

1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now, I'm just trying to help you along. MR. HOROWITZ: I appreciate that. MR. GOLDBERGER: That's the only reason I did it MR. HOROWITZ: All right. I'm going to put this on the record again. The local rules provide that in a deposition in a civil case one witness, one attorney who can object, period. It doesn't say if there is also a criminal case, two attorneys can speak. So if Mr. Epstein wanted to hire an auomcy familiar with his criminal case for his civil case, he could have done so. If he didn't, that was at his own peril. So I'm just going to ask you to refrain, and Pm just going to put you on notice that if you — if you interject an objection — MR. GOLDBERGER: Uh-huh. MR. HOROWITZ: — I'll seek the relief from the Court, and that's — that's it, but -- MR. GOLDBERGER: That's fine. And I'm going tc continue to do so, and if you want to adjourn at this point, we can do that. But if I think it's an issue relevant to my representation of him on a pending criminal case, I'm going to do so, okay? MR. HOROWITZ: Okay.¶

Page 28¶

1 MR. GOLDBERGER: And you'll -- you're free to 2 seek whatever relief you want. 3 MR. PIKE: And — and let me — let me put 4 something on the record, since you chose to do so. 5 One, this is -- this proceeding has a quasi-6 criminal component to it, and your questions today, 7 Mr. Horowitz, are interjected in a manner in an 8 attempt to cause Mr. Epstein to waive his Fifth 9 Amendment Right, along with his Sixth and his 10 Fourteenth which are incorporated therein. So the 11 fact that Mr. Goldberger is here making sure that 12 his client and my mutual client maintain and 13 preserve those privileges that are afforded under 14 the United States Constitution, he will continue to 16 do that today, okay? 16 Now, we're here to answer your questions. 17 We're here to move forward with the depo. We'd 18 like to do that. If you'd like to adjourn to take 19 this up with the Court today, we could do that as 20 well, but it was — it's your choice. 21 MR. HOROWTTZ: Okay. 22 MR. PIKE: Okay? 23 BY MR. IOROWITZ: 24 Q One girl that you were ordered to have no 25 contact with is Jane Doe 2, correct?¶

7 (Pages 25 to 26)¶

1 MR. PIKE: Form. THE WITNESS: I don't know. 3 BY MR. HOROWITZ: 4 Q Another girl that you were ordered to have no 5 contact with is Jane Doe 4, correct? 6 MR. PIKE: Form. 7 DIE WITNESS: No, I don't -- you — you've 8 asked me a question regarding a criminal case? 9 MR. HOROWITZ: Correct. 10 THE WITNESS: So regarding my criminal case, 11 believe the answers to the both of those questions 12 are no. 13 BY MR. HOROWITZ: 14 Q Okay. I have some more questions about your 15 criminal case. 16 A Okay. 17 Q Another girl that you were ordered to have no 18 contact with as a result of your — following your 19 sentence is Jane Doe 6; is that correct? 20 MR. PIKE: Form. 21 THE WITNESS: I don't believe so. 22 BY MR. HOROWITZ: 23 Q Okay. And another girl that you were ordered 24 to have no contact with as a result of your criminal 25 case is Jane Doe 7, correct?¶

Page 30¶

1 A I don't believe so. 2 Q Okay. Another girl that you were ordered to 3 have no contact with is Jane Doe 5? 4 MR. PIKE: Form. 5 THE WITNESS: As far as my criminal case, I 6 don't believe so. 7 BY MR. HOROWITZ: 8 Q Okay. Another girl you were ordered to have no 9 contact with is Jane Doe 8, correct? 10 MR. PIKE: Form. 11 THE WITNESS: I'm sorry, who? 12 MR. HOROWITZ: Jane Doe 8. 13 THE WITNESS: I don't believe so. 14 BY MR. HOROWITZ: 15 Q Okay. Another girl you were ordered to have no 16 contact with is Jane Doe 3, correct? 17 MR. ME: Same objection. 18 THE WITNESS: I don't believe so. 19 BY MR. HOROWITZ: 20 Q Okay. Are you aware of the names of any girls 23. who you were ordered to have no contact with as part of 22 your criminal case? 23 MR. PIKE: Form. 24 THE WITNESS: On the advice of counsel, I am 25 going to assert my Fifth Amendment, Sixth Amendmen¶

1 and Fourteenth Amendment Right. 2 MR. HOROWITZ: Okay. I mentioned seven girls' 3 names. Pll just put them on the record so you 4 know what seven girls Pm talking about. 5 THE WITNESS: Okay. 6 MR. HOROWITZ: Jane Doe 5, Jane Doe 8, Jane Do 7 6, Jane Doe 2, Jane Doe 3, Jane Doe 7. 8 BY MR. HOROWITZ: 9 Q Is it your testimony today that you were not 10 ordered as a result of a criminal case to have no 11 contact with them? 12 MR. PIKE: Form. 13 THE WITNESS: That's my best recollection. 14 BY MR. HOROWITZ: 15 Q Okay. And, therefore, since you have no 16 recollection of being ordered, you've made no 17 affirmative attempt to have no contact with them; is 18 that correct? 19 MR. PIKE: Form, asked and answered. I am 20 going to instruct him not to answer that question. 21 If you want to rephrase it, go ahead. 22 MR. HOROWITZ: Are you going to accept -- 23 accept his advice? 24 MR. PIKE: Yeah. 25 THE WITNESS: Yes.¶

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. HOROWITZ: Q Okay. Have you made any affirmative attempt to have no contact with Jane Doe 5, Jane Doc 8, Jane Doe 6. Jane Doe 2, Jane Doe 3, Jane Doe 4 or Jane Doe 7? MR. PIKE: Form, lack of predicate and foundation. THE WITNESS: And on the advice of counsel, I am going to assert my Fiflh Amendment, Sixth Amendment and Fourteenth Amendment Right. BY MR. HOROWITZ: Q Have you at any time known the names of the girls that you were directed to have no contact with -- MR. PIKE: Same objection. BY MR. HOROWITZ: Q Q — in the criminal case? Known the names? Known, known. I was told that in fact some of your -- the cases that were filed against me by your firm, a firm whose was disbarred for his conduct, and in fact Mr. sitting there with his firm who is called by the U.S. Attorney to be the largest fraud in South Florida's history -- I believe these girls have always been -- and I believe the ladies and gentlemen of the jury will eventually be aware that these girls have¶

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UNIVERSAL COURT REPORTING (954) 712-2600 (877) 291-DEPO (3376)¶

1 filed the claim many years after they alleged and even
2 associated with firms whose partners have been disbarred
3 and is part -- one of his partners is currently in jail,
4 yes.¶

5 Q Okay. Are you suggesting that a partner of
6 mine was disbarred? Is that your testimony?¶

7 MR. PIKE: Form.¶

8 THE WITNESS: Yes, that's -- I believe that's
9 my understanding.¶

10 BY MR. HOROWITZ:¶

11 Q Okay. Are you suggesting that my clients
12 fabricated their claims against you after coming into
13 contact with an attorney who you believe was
14 disciplined?¶

15 MR. PIKE: Form.¶

16 THE WITNESS: You know, I'd really like to
17 answer that question, and hopefully some day I
18 will. I think the answer is pretty obvious to you
19 and the other people in this room, but, however,
20 today, Mr. Horowitz, I am going to, on the advice
21 of counsel, have to assert my Fifth Amendment,
22 Sixth Amendment and Fourteenth Amendment Right,
23 though I would like to -- and I'm sure you and the
24 ladies and gentlemen understand, I'd like to answer
25 that question.¶

1 BY MR. HOROWITZ:¶

2 Q Well, you mentioned an attorney who you believe
3 was disciplined, and you mentioned an attorney who you
4 believe --¶

5 A I don't believe I said "disciplined." I think
6 you -- I said "disbarred."¶

7 Q Disbarred, okay.¶

8 A Is that correct?¶

9 Q No, it's wrong, but that was your words.¶

10 A He was not disbarred?¶

11 Q I'm not allowed to testify to those --¶

12 A [REDACTED]. I'm sorry.¶

13 Q I didn't create these rules.¶

14 A I thought he was disbarred. I think the paper
15 said he was disbarred.¶

16 Q Okay. You mentioned that an attorney was
17 disbarred, and another attorney --¶

18 A Your partner was disbarred. Not an attorney,
19 correct?¶

20 Q You mentioned that my partner was disbarred,
21 and that's your testimony?¶

22 A Yes.¶

23 Q And you mentioned that another attorney
24 committed fraud?¶

25 A Yes.¶

1 Q Are you suggesting that somehow the Plaintiffs
2 fabricated their allegations because of their
3 association with these lawyers?¶

4 MR. PIKE: Form.¶

5 THE WITNESS: In fact, according to the
6 newspapers, the attorney who's -- who is currently
7 sitting in jail, Mr. [REDACTED] partner, was accused
8 of fabricating many cases not only against people
9 like me, but others, of the sexual nature, very
10 similar to the ones you've filed.¶

11 BY MR. HOROWITZ:¶

12 Q Okay. As to my clients -- I'm not asking about
13 anybody else's clients. As to my client, are you
14 suggesting that they fabricated any aspect of their
15 dealings with you as a result of their dealings with
16 their attorney, or some remote dealings with
17 Mr. Rothstein? Is that -- is that your testimony?¶

18 A I think that answer --¶

19 MR. PIKE: Form, predicate, foundations, sorry.¶

20 THE WITNESS: I think that answer is pretty
21 obvious. But, however, on advice of counsel, I
22 cannot answer any questions today that are relevant
23 to this law -- to these lawsuits. I would like
24 to. I'm sure everybody knows that I would like
25 to. You know I would like to. But today, on the¶

1 advice of counsel, I am going to have to assert my
2 Fifth Amendment, Sixteenth -- sorry -- Sixth
3 Amendment and Fourteenth Amendment Rights as
4 guaranteed by the Constitution.¶

5 And if I don't follow their advice and I prefer
6 -- I would actually prefer to answer the question,
7 but if I don't follow their advice, I am going to
8 risk losing my counsel, which is a violation. So I
9 am going to have to assert those rights today.¶

10 MR. PIKE: Okay. And just for the record --¶

11 MR. HOROWITZ: Move to strike the
12 non-responsive portion.¶

13 MR. PIKE: Just for the record, let's try to go
14 -- take turns for the court reporter's benefit.
15 Finish your answer --¶

16 THE WITNESS: Okay.¶

17 MR. PIKE: -- finish your question, before both
18 of you continue to talk to -- over each other,
19 thanks.¶

20 BY MR. HOROWITZ:¶

21 Q Mr. Epstein, if I heard you right, you said
22 that your attorneys have advised you that your -- you
23 could not answer these questions without waiving the
24 Fifth, Sixth and Fourteenth Amendment; is that right?¶

25 MR. PIKE: Form. I am going to instruct him¶

1 not to answer that question because the way it's 2 phrased attempts to elicit attorney-client 3 communications.¶

4 BY MR. HOROWITZ:¶

5 Q Did I paraphrase you correctly?¶

6 A No, you did not.¶

7 Q Okay. Well, sir, are you -- are you testifying¶

s that Jane Doe 2 falsified a lawsuit because of her 9 association with a lawyer?¶

10 MR. PIKE: Form, predicate, foundation.¶

11 THE WITNESS: I would really like to answer¶

12 that question, but today, and just today at least¶

13 on the advice of counsel, I cannot, because they¶

14 have advised me that if I do, I risk losing their¶

15 counsel, but as I think it is going to be pretty¶

16 obvious, I would like to answer that question, but¶

17 on the advice of counsel, I am going to assert my¶

18 Fifth, Sixth and Fourteenth Amendment Right as¶

19 provided by the U.S. Constitution.¶

20 BY MR. HOROWITZ:¶

21 Q Well, Mr. Epstein, if you continue to laugh at¶

22 any of my questions, shake your head, nod, it's my¶

23 intention to inform the Court and file a motion that¶

24 you've waived your Fifth Amendment Right.¶

25 MR. PIKE: All right. First of all, that's —¶

1 that's argumentative and ifs harassing, and you 2 don't have a question on the table, so let's --¶

3 let's¶

4 MR. HOROWITZ: Why are you interrupting me?¶

5 MR. PIKE: Because -- because this deposition¶

6 is not going to be utilized as a -- as a means to¶

7 harass my client. Ask your questions, you'll get¶

your answers, and let's move forward.¶

9 BY MR. HOROWITZ:¶

10 Q NI going to ask that you not shake your head,¶

11 nod or laugh at my questions. Because if you do, it¶

12 will be at your own peril, because I'm — I will file a¶

13 motion to have your Fifth Amendment Rights waived.¶

14 MR. PIKE: I'm going to move to strike¶

15 MR. HOROWITZ: Okay.¶

16 MR. PIKE: -- your two last statements,¶

17 Mr. Horowitz. Let's get on with the deposition.¶

18 BY MR. HOROWITZ:¶

19 Q When you said that you must accept the advice¶

20 of your attorney or risk waiving your Constitutional¶

21 Rights, what advice were you talking about?¶

22 MR. PIKE: Form. I'm going to instruct him not¶

23 to answer that question. He's asserting his¶

24 Constitutional Rights.¶

25 MR. HOROWITZ: And I want to explore what he¶

1 just said about his Constitutional Rights. He said¶

2 he would be losing his Sixth Amendment Right to¶

3 effective representation. Do you understand -- is¶

4 that what you said, sir?¶

5 MR. PIKE: Form.¶

6 THE WITNESS: Correct.¶

7 BY MR. HOROWITZ:¶

8 Q Okay. Okay. When you say your Sixth Amcndmen¶

9 Right to effective representation, who -- representation¶

10 by who? Who — who are you talking about?¶

11 MR. PIKE: Fonn. Pm going to instinct him not¶

12 to answer that question.¶

13 BY MR. HOROWITZ:¶

14 Q Are you suggesting that your attorneys would¶

15 not represent you if— if you didn't assert your Sixth¶

16 Amendment Right?¶

17 MR. PIKE: Same objection. Pm going to¶

18 instruct him not to answer that question, attorney-¶

19 client.¶

20 BY MR. HOROWITZ:¶

21 Q How do you ensure that you have no contact with¶

22 the various girls you've been ordered to have no contact¶

23 with?¶

24 MR. PIKE: Form, predicate, foundation.¶

25 THE WITNESS: On advice of counsel, I am going¶

1 to have to assert my Fifth Amendment, Sixth¶

2 Amendment and Fourteenth Amendment Rights as¶

3 guaranteed by the U.S. Constitution, though I would¶

4 like to answer that question.¶

5 BY MR. HOROWITZ:¶

6 Q With respect to those girls whom you've been¶

7 ordered to have no contact with, have you had any¶

8 contact, direct or indirect, with them since receiving¶

9 that order?¶

10 MR. PIKE: Same objection; form, predicate and¶

11 foundation.¶

12 THE WITNESS: I would like to answer that¶

13 question, however, today my — I have been informed¶

14 that I cannot answer any questions that may be¶

15 relevant to your lawsuit. So I'm going to assert¶

16 my Fifth Amendment, Sixth Amendment and Fourteentl¶

17 Amendment Right. Excuse me, could I use the¶

18 mstroom?¶

19 MR. HOROWITZ: Yes.¶

20 THE VIDEOGRAPHER: Time off the record 10:35¶

21 (Thereupon, a short break was taken.)¶

22 THE VIDEOGRAPHER: Time on the record 10:42.¶

23 BY MR. HOROWITZ:¶

24 Q Asa result of your criminal sentence, how many¶

25 girls were you ordered to have no contact with?¶

1 MR. PIKE: Form.
2 THE WITNESS: Three.
3 BY MR. HOROWITZ:
4 Q Okay. And what are their names?
5 MR. PIKE: Form.
6 THE WITNESS: I believe it was Jane Doe 103,
7 A.D. and S.G.
8 MR. HOROWITZ: Can you read that back?
9 THE REPORTER: A.H. --
10 MR. HOROWITZ: No, I don't think that's right.
11 That's not what he said.
12 (The pending answer was read back by the court
13 reporter.)
14 MR. HOROWITZ: Thank you.
15 BY MR. HOROWITZ:
16 Q Is it your testimony, sir, that those are the
17 only three girls who, as a result of a criminal case
18 against you, you've been ordered to have no contact
19 with?
20 MR. PIKE: Form.
21 THE WITNESS: That's correct.
22 BY MR. HOROWITZ:
23 Q Okay. With respect to S.G., do you acknowledge
24 that she has been to your home?
25 MR. PIKE: Form.¶

1 THE WITNESS: Sorry?
2 BY MR. HOROWITZ:
3 Q With respect to S.G., do you acknowledge she
4 has been to your home?
5 MR. PIKE: Same objection.
6 THE WITNESS: On advice of counsel -- I would
7 like to answer all your questions today,
8 Mr. Horowitz. I'm sorry your partner that was
9 disbarred is not here, because I would like to
10 answer his questions because I believe he was the
11 one who represented S.G. So I would like to see
12 Mr. Herman at some point when he gets --
13 potentially gets his license back. But, though I
14 would like to answer your questions in more detail,
15 on advice of counsel, I am going to have to assert
16 my Fifth, Sixth and Fourteenth Amendment Rights
17 under the U.S. Constitution. I would like to
18 answer the question, but my counsel has told me
19 that I risk losing their representation if I do,
20 so, therefore, I'm going to have to assert those
21 rights.
22 BY MR. HOROWITZ:
23 Q With respect to S.G., do you acknowledge that
24 she has -- she went to your home when she was a child?
25 MR. PIKE: Form.¶

1 THE WITNESS: Again, I would like to answer
2 that question, and I'm sure you know I would like
3 to answer that question. I'm sure your partner
4 that was disbarred while he represented S.G., I
5 believe, or her parents, or he claimed he
6 represented one parent, and the other parent sued
7 him or tried to bring a lawsuit against your
8 partner -- I would like to answer any questions
9 with respect to S.G., but today on advice of
10 counsel, I'm not going to be able to do that
11 because they've advised me I must assert my Fifth,
12 Sixth and Fourteenth Amendment Right --
13 MR. HOROWITZ: Okay.
14 THE WITNESS: -- so therefore -- excuse me, I
15 am going -- should I finish?
16 MR. PIKE: Yes.
17 THE WITNESS: So, therefore -- though I would
18 like to answer that question and -- I am going to
19 have to assert those rights.
20 MR. HOROWITZ: Okay. Move to strike the
21 non-responsive -- the non-responsive portion of the
22 answer.
23 BY MR. HOROWITZ:
24 Q Do you acknowledge, sir, that with respect to
25 S.G. during her childhood, you paid her for sexual¶

1 contact?
2 MR. PIKE: Form.
3 THE WITNESS: Again, I would like to answer
4 that question, but as most of your other questions
5 here today, and I -- I understand that your partner
6 who represented this S.G. was disbarred, but at
7 some point in future I would like to answer that.
8 Today, unfortunately, I am going to have to assert
9 my Fifth, Sixth and Fourteenth Amendment Rights
10 under the U.S. Constitution because my counsel has
11 advise me that, though I would like to answer that
12 question, I cannot today.
13 BY MR. HOROWITZ:
14 Q Are you suggesting, sir, that S.G. fabricated
15 or embellished her allegations because of her
16 association with a disbarred attorney?
17 MR. PIKE: Form, move to strike,
18 mischaracterizes the witness' testimony.
19 THE WITNESS: Can you repeat the question?
20 BY MR. HOROWITZ:
21 Q Are you suggesting that S.G. either fabricated
22 or embellished her -- her allegations because of any
23 association she had with an attorney who's been
24 disbarred?
25 MR. PIKE: Same objection.¶

THE WITNESS: It's not an attorney who's been disbarred. I believe I said it's your partner that 3 was disbarred when -- after representing S.G., and 4 I would like -- though I would like to answer those 5 questions in detail, today I have been advised by 6 counsel that I cannot answer any questions that may be relevant to your lawsuits -- MR. HOROWITZ: All right. 9 THE WITNESS: -- and -- excuse me. 10 MR. HOROWITZ: Go ahead, finish. 11 THE WITNESS: Thank you. And, though I would like to answer the questions, and I know you keep 13 trying to strike my answer with respect to S.G.'s representation by your former partner, Jeffrey Herman, who was disbarred, who held press conferences to try to make a big -- so he tried to embarrass me as best as he could, I'm -- I would like to answer those questions, but I cannot on advice of counsel. 20 BY MR. HOROWITZ: Q Okay. And do you feel that because my partner, Jeffrey Herman, was an attorney involved in S.G.'s case, that somehow the allegations she's made against you arc fabricated or embellished? A I'd let -- the ladies and gentlemen of the jury¶

1 will make that decision, I'm sure. I can't I would 2 like to answer those questions. I would really like to 3 answer -- I think those answers are obvious, frankly. 4 But today, on advice of counsel, I'm not going to be 5 able to answer those questions. I am going -- 6 Q Well-- 7 A Mr. Horowitz, I would like to finish my answer, 8 please. Is that okay? 9 Q Well, you keep repeating yourself. 10 THE WITNESS: Mr. Pike? 11 MR. PIKE: Go ahead and finish. 12 Please allow -- allow the witness to finish his 13 answer. 14 THE WITNESS: So let's start -- should could 15 you repeat the question, please? 16 MR. HOROWITZ: Yes. 17 (The pending question was read back by the 18 court reporter.) 19 MR. HOROWITZ: That wasn't exactly the 20 question, but I'll -- let me ask it again. Maybe 21 it will be smoother, and just try and follow what 22 it is I'm asking. 23 THE WITNESS: I'm trying my best. 24 BY MR. HOROWITZ: 25 Q Do you believe, as we sit here today, that¶

1 because Jeffrey Herman was involved in the 2 representation of S.G., that her allegations of abuse by 3 you are fabricated or embellished? 4 MR. PIKE: Form, predicate, foundation. 5 THE WITNESS: I would very• much like to answer 6 the question regarding S.G. -- which 7 embellishments, as you've described them, or 8 fabrications -- at the same time she met your 9 partner that was later disbarred. However, as of 10 today, though I would like to answer those 11 questions -- and I think those answers are pretty 12 obvious -- I am going to have to assert my Fifth 13 Amendment, Sixth Amendment and Fourteenth Amendmen 14 Rights under the C.S. Constitution. 15 And, though I think again those -- that answer 16 is obvious, and will be obvious to most people here 17 on the jury. my attorneys have advised me I cannot 18 answer that question today. 19 BY MR. HOROWITZ: 20 Q Okay. You told us that in addition to S.G., 21 you were also ordered to have no contact with Jane Doe 22 103 and A.D.; is that correct? 23 A Excuse me, yes. 24 Q And when did you receive such an order? 25 MR. PIKE: Form.¶

1 THE WITNESS: I don't recall. 2 BY MR. HOROWITZ: 3 Q Okay. Was it -- if I heard you correctly, it 4 was in association with your criminal case? 5 A That's correct. 6 Q Okay. And with respect to Jane Doe 103, do you 7 acknowledge that she has been to your home? MR. PIKE: Form. 9 THE WITNESS: Again, I would like to answer 10 most of your questions. However, today, as I've 11 answered most -- almost all of your questions and 12 will continue to answer, on advice of counsel, I 13 believe, this question, I have to assert my Fifth 14 Amendment, Fourteenth Amendment and Sixth Amendmen 15 Rights under the U.S. Constitution. 16 BY MR. HOROWITZ: 17 Q Okay. And -- are you done? 18 A (No verbal response). 19 Q Do you acknowledge that Jane Doe 101 came to 20 your home for sexual contact during her childhood, and 21 that you paid her for those services? 22 MR. PIKE: Form, predicate, foundation, 23 argumentative. 24 THE WITNESS: I'd -- I would like to answer 25 that question. I think those questions will all¶

1 have obvious answers and not -- however, today, I 2 am going to have to assert my Fifth Amendment, 3 Sixth Amendment and Fourteenth Amendment Rights 4 under the U.S. Constitution, because, though I 5 would like to answer that question, my attorneys 6 have advised me that I cannot -- today cannot 7 answer any questions that may be relevant to this 8 lawsuit. 9 BY MR. HOROWITZ: 10 Q Okay. You also told us -- provided this name 11 of A.D. Do you acknowledge that A.D. was paid by you 12 for sexual contact during her childhood? 13 MR. PIKE: Form, predicate, foundation, 14 argument. 15 THE WITNESS: I would like to answer that 16 question, as I would like to answer most of your 17 other questions here today, but I, unfortunately, 18 am going to have to answer that one, as I've 19 answered most of your other questions, which is 20 unfortunately today, I cannot answer any question 21 that may be relevant to this lawsuit on advice of 22 counsel. I must assert my Fifth Amendment, Sixth 23 Amendment and Fourteenth Amendment Right under ail 24 U.S. Constitution. 25 BY MR. HOROWITZ:¶

Page 50 1 Q When in the future do you presently intend to 2 stop asserting your Fifth, Sixth and Fourteenth 3 Amendment Rights, if any, and intend to start answering 4 these questions? 5 MR. PIKE: Form. I am going to instruct him 6 not to answer that question, attorncy-clicnt. 7 BY MR. HOROWITZ: 8 Q Do you intend at trial to start answering these 9 questions? 10 MR. PIKE: Same objection. I am going to 11 instruct him not to answer, attorney-client. 12 BY MR. HOROWITZ: 13 Q At the time of your sentence you told us -- 14 which was in the summer of 2008, did you have a privat 15 psychologist -- 16 MR. PIKE: Form. 17 BY MR. HOROWITZ: 18 Q named Dr. Alexander? 19 MR. PIKE: Form. lam going to instruct him 20 not to answer that question as well because the 21 Judge has already ruled that Mr. Epstein's medical 22 history is not an element in any of these cases. 23 MR. HOROWITZ: Well, despite -- you -- you -- 24 you're aware we have a court order in which 25 Mr. Epstein was required to provide us the names of¶

1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 his doctors and as well as his prescriptions, correct? You're aware of that? MR. PIKE: I recall that order, but I don't recall -- I don't recall -- if you have the -- if you have the answers, then you can provide them to me. and maybe I would be better situated to allow the client to answer or not answer the questions. I saw your associate reaching for something. So maybe -- maybe you do have them, you can refresh my recollection. MR. HOROWITZ: Well, I'm just going to ask the witness -- I'm not here to refresh his recollection. I want his -- MR. PIKE: Or mine. MR. HOROWITZ: Or yours. MR. PIKE: Right. MR. HOROWITZ: I want his testimony on today's date as to the truth. MR. PIKE.: Okay. Well, I'm going to instruct him not to answer that question right now. Let's MR. HOROWITZ: You guys want to talk among yourselves? MR. PIKE: Sure. I'm still going to maintain the objection it's also attorney-client and work¶

Page 52 1 product. 2 BY MR. HOROWITZ: 3 Q What -- are -- are you under the care of any 4 physicians at the present time other than Dr. Alexander? 5 MR. PIKE: Form, predicate, foundation and 6 mischaracterizes, I believe, my objection. 7 THE WITNESS: I would like to answer that 8 question, as I would like to answer most of your 9 other questions here today, but today I am going to 10 have to assert my Fifth Amendment, Sixth Amendmeni 11 and Fourteenth Amendment Rights under the advice -- 12 on advice of counsel. 13 BY MR. HOROWITZ: 14 Q All right. What doctors have you been under 15 the care of in the past five years? 16 MR. PIKE: Form. 17 THE WITNESS: I am going to have to assert my 18 Fifth Amendment, Sixth Amendment and Fourteenth 19 Amendment Rights on advice of counsel, though I 20 would like to answer these questions. 21 MR. HOROWITZ: Okay. I mean, you -- you conk 22 -- you can tell your client to do what you want, 23 but, 1 mean, we have a specific court order. 24 MR. PIKE: Do you have a copy of it with you? 25 MR. HOROWITZ: During the break I'll get you a¶

Page 53¶

1 copy.¶

2 MR. PIKE: I mean, if you have a copy of an¶

3 order, and you want to refresh my recollection --¶

4 since the Fifth Amendment and the Sixth Amendment¶

5 and the Fourteenth Amendment are highly technical¶

6 Constitutional Amendments, if you wish to ask my¶

7 client questions based upon an order, I would ask¶

8 that you simply provide me with the order¶

9 beforehand, and then we can make this a much easier¶

10 process. We're here for you, Adam.¶

11 MR. HOROWITZ: Thanks. I'm pretty sure the¶

12 Court gave you a copy of the order, but -- but it's¶

13 okay. We can move on. During the break we'll¶

14 address it.¶

15 MR. PIKE: No -- well, wait a second --¶

16 MR. HOROWITZ: During the break we'll address¶

17 it.¶

18 MR. PIKE: -- I am not going to banter with¶

19 you, and nor am I going to accept this type of¶

20 laughing from the corner show over there¶

21 (indicating). Listen, the fact remains is this:¶

22 There have been several orders. That of which I¶

23 was the initial author of the -- of the motions¶

24 that resulted in the positive orders, reflective of¶

25 the Fifth, Sixth and Fourteenth Amendment. So it¶

Page 54¶

1 is: If you have some of those orders, which are¶

2 probably ten plus, bring them to me, and I will¶

3 read them, and we will make this deposition go¶

4 forward a lot easier.¶

5 BY MR. HOROWITZ:¶

6 Q All right. Are you -- have you been prescribed¶

7 any medications in the past five years?¶

8 MR. PIKE: Form.¶

9 THE WITNESS: It's the same answer. I would¶

10 like to answer that question, as I would like to¶

11 answer most of your other questions here today.¶

12 However, I've been advised by counsel that at least¶

13 today I cannot answer those questions, and I must¶

14 assert my Fifth Amendment, Sixth Amendment and¶

15 Fourteenth Amendment Right.¶

16 BY MR. HOROWITZ:¶

17 Q So you -- you told us in a sworn interrogatory¶

18 answer that you were prescribed Lipitor, and that you¶

19 take -- you take Lipitor. Are there other medications¶

20 that you receive, for instance, to treat you for a¶

21 sexual disorder?¶

22 MR. PIKE: Form. I am going to instruct him¶

23 not to answer that question as phrased.¶

24 BY MR. HOROWITZ:¶

25 Q Other than Lipitor, are there any other¶

Page 55¶

1 medications that you have been prescribed or have taken¶

2 in the past five years?¶

3 A On advice of counsel, I am going to have to¶

4 assert my Fifth Amendment, Sixth Amendment and¶

5 Fourteenth Amendment Rights, though I would like to¶

6 answer that question.¶

7 Q Okay. Is it true, sir, that a -- a girl named¶

8 Jane Doe 2 came to your Palm Beach home in late 2004?¶

9 A Is she someone you represent?¶

10 Q Do you -- do you -- do you not know the answer?¶

11 A I do not know the name.¶

12 Q Okay. Do you know we're here on a case called¶

13 Jane Doe 2 vs. Jeffrey Epstein?¶

14 MR. PIKE: Form.¶

15 THE WITNESS: Yes.¶

16 BY MR. HOROWITZ:¶

17 Q And you've seen that on the deposition notice?¶

18 A Yes.¶

19 Q Are you suggesting that you -- you do not know¶

20 who Jane Doe 2 is?¶

21 MR. PIKE: Form.¶

22 THE WITNESS: I've seen it on the allegation --¶

23 on your complaint today.¶

24 BY MR. HOROWITZ:¶

25 Q Okay. So we have the answer to that question?¶

Page 56¶

1 MR. PIKE: Form.¶

2 THE WITNESS: I see it's on the complaint.¶

3 BY MR. HOROWITZ:¶

4 Q You've been a Defendant in that lawsuit for the¶

5 past two years?¶

6 A I don't know the time.¶

7 Q Do you know who the Plaintiff is, Jane Doe 2?¶

8 MR. PIKE: Form.¶

9 THE WITNESS: I read the complaint.¶

10 BY MR. HOROWITZ:¶

11 Q Okay. All right. My -- my earlier question to¶

12 you was: Isn't it true that a girl named Jane Doe 2 --¶

13 A Uh-huh.¶

14 Q -- came to your Palm Beach home in -- in late¶

15 2004?¶

16 A I -- again, I understand that Jane Doe 2 was¶

17 represented by your partner, Jeffrey Herman, who was¶

18 disbarred by The Florida Bar Association. I believe she¶

19 was represented by Mr. Herman prior to his disbarment.¶

20 I believe he represented her in a -- in some type of¶

21 press conference in association with other firms later¶

22 where other partners have gone to jail for representing¶

23 claims of a sexual nature against people like me and¶

24 others, and the U.S. Attorney called one of the other¶

25 firms involved in this the largest fraud in Florida --¶

1 in South Florida's history. But separate from that, 2 unfortunately today, I am going to have to assert my 3 Fifth Amendment, Fourteen Amendment and Sixth Amendmet 4 Rights on the advice of counsel. MR. HOROWITZ: Okay. Move to strike that. 6 BY MR. HOROWITZ: 7 Q Do you believe that Jane Doc 2's lawsuit 8 against you was either fabricated, falsified or 9 embellished due to any association she had with an 10 attorney who was suspended or disbarred, as you say? 11 MR. PIKE: Form. 12 THE WITNESS: Again? 13 BY MR. HOROWITZ: 14 Q Do you believe that Jane Doc 2's lawsuit was 15 either fabricated or embellished because of her 16 association with any attorney? 17 MR. PIKE: Form. 18 THE WITNESS: I would like to tell you my 19 beliefs. I would like to give you an answer to 20 that question. 1 would like to -- I'm sure the 21 jury is going to want to explain -- understand that 22 she was represented by an attorney that was 23 disbarred at the time when this lawsuit, I believe, 24 got filed. Later he was disbarred. Today I would 25 like to answer that question, but however, today on¶

1 advice of counsel I cannot, and I am going to have 2 to assert on their advice my Fifth Amendment, Sixth 3 Amendment and Fourteenth Amendment Rights under the 4 U.S. Constitution or risk losing their counsel. 5 MR. PIKE: Let me take a break really quick. I 6 need a 60-second break. 7 THE VIDEOGRAPHER: Time off the record 10:59. (Thereupon, a short break was taken.) 9 THE VIDEOGRAPHER: Time on the record 11:06. 10 BY MR. HOROWITZ: 11 Q Sir, between 2001 and 2006 did you instruct 12 S.K. to place telephone calls to arrange for girls under 13 the age of 18 to come to your home for your sexual 14 gratification? 15 MR. PIKE: Form. 16 THE WITNESS: Though I would like to answer 17 that question, today, on advice of counsel, I am 18 going to have to assert my Fifth Amendment, Sixth 19 Amendment and Fourteenth Amendment Rights under the 20 U.S. Constitution. And, though I'd really much 21 like to answer that question, today, I cannot. 22 BY MR. HOROWITZ: 23 Q Is it true, sir, that in late 2004 S.K received 24 a telephone call wherein she was told that a girl named 25 Jane Doe 3 was bringing a girl named Jane Doc 2 to your¶

1 home? 2 MR. PIKE: Form. 3 TILE WITNESS: Can you tell me who those people 4 are? Are those two of your clients? 5 MR. HOROWITZ: Yes, two of the three people I 6 mentioned are my clients. 7 BY MR. HOROWITZ: 8 Q Are -- are -- arc -- are -- are you denying 9 that those girls were in your home? 10 A I'm asking you for clarification. 11 Q Okay. Do you want me to repeat the question? 12 A Do I understand the question that two of your 13 clients have suggested one of your clients brought the 14 other client? 15 Q Okay. Let me back up. 16 A Sorry. Is that -- is that -- 17 Q My questions aren't suggesting anything. 18 They're asking a question. Do you understand that? 19 A I understand that 20 Q Okay. My question is: Is it true that in late 21 2004 -- 22 A Ycs. 23 Q S.K. received a telephone call wherein she 24 was told that Jane Doe 3 was bringing Jane Doe 2 to your 25 home?¶

1 MR. PIKE: Form. 2 THE WITNESS: I'd like to answer that question, 3 but unfortunately, today, at least, I am going to 4 have to answer that like I've answered many of your 5 other questions. Unfortunately, I have to answer 6 -- on advice of counsel, I am going to have to 7 assert my Fifth Amendment, Sixth Amendment and 8 Fourteenth Amendment Rights under the U.S. 9 Constitution because I've been told that I cannot 10 answer any questions that may be relevant to any of 11 your lawsuits, or -- and if 1 do, I risk losing my 12 representation. 13 BY MR. HOROWITZ: 14 Q Okay. Did you instruct S.K. to communicate by 15 telephone to arrange for Jane Doe 2 to come to your home 16 for your own sexual gratification? 17 MR. PIKE: Form. 18 THE WITNESS: Who? I'm cony, what was the 19 name again? 20 BY MR. HOROWITZ: 21 Q This is about the fifth time I mentioned her 22 name. Hcr name is Jane Doe 2. 23 A Uh-huh. 24 MR. PIKE: Same objection. 25 THE WITNESS: I'd like to answer that question.¶

1 as I would like to answer most of your other 2 questions here today, Mr. Horowitz However, on 3 advice of counsel, they have instructed me that I 4 cannot answer any questions that may be relevant to 5 any of your multiple lawsuits. So, though I would 6 like to answer it today, I am going to have to 7 assert my Fifth Amendment, Sixth Amendment and 8 Fourteenth Amendment Rights as provided by the U.S. 9 Constitution. 10 BY MR. HOROWEIL: 11 Q 1 am going to stick with the line of questions 12 involving Jane Doe 2, so I'm just going to ask that you 13 keep that name in your head, okay? Jane Doc 2; you got 14 that? 15 A Pliny. 16 Q Okay. Thank you. Did you inform S.K. that 17 Jane Doc 2 would be giving you a massage that was sexua 18 in nature? 19 MR. PIKE: Form. 20 THE WITNESS: 1 have -- I'm going to have to 21 answer that question -- though I would like to 22 answer that question today, I ant going to have to 23 assert my Fifth Amendment, Sixth Amendment and 24 Fourteenth Amendment Rights, because on advice of 25 counsel I cannot answer that question no matter how¶

1 much I actually want to today. So, unfortunately, 2 I'll have to assert those rights. 3 BY MR. HOROWITZ: 4 Q Did you observe S.K. speaking by telephone to 5 arrange for Jane Doc 2 to come to your home to give you 6 a sexual massage? 7 MR. PIKE: Form. 8 THE WITNESS: Again, I'm going to have to 9 answer that the way I've answered your other 10 questions, Mr. Horowitz, which is, though I would 11 like to answer that question today, on advice of 12 counsel, I cannot answer any questions that may be 13 relevant to any of your lawsuits. Therefore, I 14 must assert my Fifth Amendment, Sixth Amendment am 15 Fourteenth Amendment Rights as provided by the U.S. 16 Constitution. And if I don't answer that way,1 17 risk losing my counsel's representation. 18 BY MR. HOROWITZ: 19 Q Did S.K. tell you that she confirmed by 20 telephone that Jane Doe 2 would be coming to your home 21 at a specific time to give you a massage? 22 MR. PlICE: Form. 23 THE WITNESS: Though I would like to answer all 24 of your questions here today, and I would like to 25 answer that question specifically, I am going to¶

1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have to respond the same way I've responded to most of your other questions here today, which is on advice of my counsel, I am going to have to assert my Fifth Amendment, Sixth Amendment and Fourteen Amendment Rights as provided by the U.S. Constitution. And, though I would like to answer that question, if I do so, I risk losing my counsel's representation. BY MR. HOROWITZ: Q Was it your intent during the course of Jane Doe 2's visit to your home, that you would persuade, induce or entice her to engage in sexual activity? MR. PIKE: Form. THE WITNESS: Again, I would like to answer that question, as I would like to answer most of your other questions here today. However, on advice of my counsel, I cannot answer those questions today, so I am going to have to assert my Fifth Amendment, Sixth Amendment and Fuuneenth Amendment Rights as provided by the U.S. Constitution. And, though I would like to answer it, and I think -- I am going to have to assert those rights. BY MR. HOROWITZ: Q Okay. During the course of Jane Doc 2's visit¶

1 to your home, did you, in fact, persuade, induct or 2 entice her to engage in sexual activity with you? 3 MR. PIKE: Form. 4 THE WITNESS: Though I would like to answer 5 that question, as I would like to answer most of 6 your other questions here today, on advice of 7 counsel, I am not going to be able to answer those 8 questions here today. They've advised me I must 9 assert my Fourth -- excuse me -- Fifth — excuse me 10 -- Sixth and Fourteenth Amendment Rights as 13. provided by the U.S. Constitution. And if I don't 12 do so, I potentially risk losing their 13 representation, so though I'd like to answer it, I 14 must not. 15 BY MR. HOROWITZ: 16 Q Okay. At no point did Jane Doc 2 tell you that 17 she was 18 or older, correct? 18 MR. PIKE: Form. 19 THE WITNESS: Again, I would like to answer -- 20 I'd really like to answer that question. However, 21 1 cannot, because on advice of counsel, I've been 22 advised that I must assert my Fifth Amendment, 23 Fourteenth Amendment and Sixth Amendment Rights a4 24 provided by the U.S. constitution. And if I don't 25 do so, I potentially risk losing their¶

1 representation, though I would like to answer that 2 question. 3 BY MR. HOROWITZ: 4 Q In your own mind, you didn't believe that when Jane Doc 2 came to your home that she was 18 or older, 6 correct? 7 MR. PIKE: Form. THE WITNESS: I'd really like to answer that 9 question. I'd really like to answer most of your 10 other questions here today. But however, on the 11 advice of counsel, they've advised me I must assert 12 my Fifth Amendment, Sixth Amendment and Fourteenth 13 Amendment Rights as provided by the Constitution, 14 and have asked me or instructed me, not to answer 15 any questions that may be relevant to this 16 lawsuit. So, though I would like to answer it, 17 cannot. 18 BY MR. HOROWITZ: 19 Okay. Jane Doe 2 told you that she attended 20 Palm Beach High School when she came to your home 21 correct? 22 MR. PIKE: Form. 23 THE WITNESS: I would like to answer that 24 question, as I would like to answer every one of 25 your questions here today. However, on advice of¶

Page 66¶

1 counsel, I cannot. And, though I would like to, I 2 must assert my Fifth Amendment, the Sixth Amendmen 3 and Fourteenth Amendment Rights as provided by the 4 U.S. Constitution. And if I don't do so, I risk 5 losing their representation. Though I would like 6 to answer, but today I cannot. 7 BY MR. HOROWITZ: 8 Q During Jane Doe 2's visit to your home in 2004, 9 you were nude in front of her; isn't that right, sir? 10 MR. PIKE: Form. 11 THE. WITNESS: I would like to answer that 12 question, as I would like to answer most of your 13 other questions here today. But my answer is going 14 to be virtually the same as I've had to answer most 15 of your other questions, which is on advice of 16 counsel, I cannot answer those questions. I must 17 assert my Fifth Amendment, Sixth Amendment and 18 Fourteenth Amendment Rights as provided by the U.S. 19 Constitution. And if I don't do so, I've been told 20 I lose risking -- excuse me -- I risk losing their 21 representation, and so therefore, I cannot answer 22 that question. 23 BY MR. HOROWITZ: 24 Q During Jane Doc 2's visit to your borne in 2004. 25 did you instruct her to remove all of her clothing?¶

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 , 20 21 22 23 24 25 MR. PIKE: Form. THE WITNESS: I'd like to answer that question. I would like to answer that question, as I've had -- I would like to answer most of your other questions here today. However, upon advice of counsel, I have been instructed that I must assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Rights as provided by the U.S. constitution. And though I would like to answer that question, I cannot. BY MR. HOROWITZ: Q During Jane Doe 2's visit to your home in 2004, did you instruct Jane Doe 2 to pinch your nipples and rub your chest? MR. PIKE: Form. THE WITNESS: I'd like to answer that question here today, like Pd like to answer most of your other questions here today, but, unfortunately, I am going to respond, as I've responded to virtually all of your questions, which is on advice of Counsel today, at least today, I cannot answer those questions, but must assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendmen Right as provided by the U.S. Constitution. And therefore. though I would like to answer it, I am¶

Page 68¶

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 going to be required by my counsel not to. BY MR. HOROWITZ: Q During Jane Doe 2's visit to your home in 2004, did you ask her questions about her sexual experiences and preferences? MR. PIKE: Form. THE WITNESS: Though I would like to answer your question here today, Mr. Horowitz, as I would like to answer most of your other questions here today, my counsel has advised me I must assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights. And if I don't follow their advice, I risk losing their representation, so therefore, I'd going to have to assert those rights, though I prefer to answer the question. BY MR. HOROWITZ: Q During Jane Doe 2's visit to your home in 2004, did you unfasten her bra and rub her breasts? MR. PIKE: Form. THE WITNESS: Though I'd like to answer that question -- I would like to answer all your questions here today, I'm going to have to respond as I've done to mostly all your other questions here today, Mr. Horowitz, which is on advice of my counsel, they've advised me I must assert my Sixth¶

1 Amendment Rights, my Fifth Amendment Rights and my 2 Fourteenth Amendment Rights under the U.S. 3 Constitution. And if 1 don't do so, and I answer 4 your question, which I would like to do, I risk 5 losing their representation, so, therefore, I must 6 just simply assert those rights. 7 THE VIDEOGRAPHER: Three minutes of tape 8 remaining. 9 MR. IIOROWITZ: Okay. Thanks. 10 BY MR. HOROWITZ: 11 Q During Jane Doc 2's visit to your home in 2004, 12 did you rub Jane Doe 2's vagina? 13 MR. PIKE? Form. 14 THE wiTNESS: I'd like to answer that question, 15 however, today, at least today, my counsel has 16 advised me that I cannot answer any questions that 17 may he relevant to your lawsuits -- 18 BY MR. HOROWITZ: 19 Q During .- 20 A 21 Q Sorry. 22 A Excuse me. 23 Q Go ahead. 24 A And, though I would like to answer each and 25 every one of your questions, I am going to have to 25¶

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THE VIDEOGRAPHER: Time on the record 11:29. This is Tape 2. BY MR. HOROWITZ: Q Sir, during Jane Doe 2's visit to your home in 2004, did you masturbate in front of her? MR. PIKE.: Form. THE WITNESS: Mr. Horowitz, I would like to answer every one of your questions here today. 1 specifically would like to answer that question. However, on advice counsel, they've advised me I am going to have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Rights as provided by the U.S. Constitution. And if I don't follow their advice, l risk losing their representation, so therefore, I am going to have to assert those rights. BY MR. HOROWITZ: Q During Jane Doe 2's visit to your home in 2004, did you ejaculate in front of her? MR. PIKE: Form. THE WITNESS: I'd like to answer that question. I'd like to answer most of your other questions here today, but I am going to have to respond, as I've responded to most of your other questions here today, which is my counsel has¶

1 respond as I've responded to most of your other 2 questions here today, Mr. Horowitz, which is I am going 3 to have to assert my Sixth Amendment, Fourteenth 4 Amendment and Fifth Amendment Rights as provided by the 5 U.S. Constitution. I've been advised by counsel that if 6 I don't do so, I risk losing their representation. 7 Though I would like to answer, I cannot. 8 Q During Jane Doc 2's visit to your home in 2004, 9 did you insert your fingers into Jane Doe 2's vagina? 10 MR. PIKE: Fonn. 11 THE WITNESS: I would like to answer that 12 question. I would like to answer all your 13 questions here today. However, on advice of 14 counsel, they've advised me I must assert my Fifth 15 Amendment, Sixth Amendment and Fourteenth Amendm 16 Rights as provided by the U.S. Constitution. And, 17 though I would like to answer that question, I 18 cannot here today -- 19 THE VIDEOGRAPHER: I need to -- 20 THE WITNESS: -- sorry -- but 21 MR. PIKE: If you need to finish, go ahead. 22 THE WITNESS: -- based on my counsel's advice. 23 THE VIDEOGRAPHER: Time off the record 11:59-- 24 11:19. 25 (Thereupon, a short break was taken.)¶

1 adviso:lmc at least today -- excuse me -- I cannot 2 answer any questions that may be relevant to this 3 lawsuit. And I -- if I do not follow their advice, 4 l risk losing their representation. Therefore, I 5 am going to have to assert those rights and not 6 respond today. 7 BY MR. HOROWITZ: 8 Q During Jane Doe 2's visit to your home in 2004, 9 did you tell her that she had a very hard clit as you 10 were rubbing it? 11 A What? 12 MR. PIKE: Fonn. 13 BY MR. HOROWITZ: 14 Q A hard clit. 15 MR. PIKE: Same objection. 16 THE WITNESS: I would like to respond to that 17 question. I would like to answer that question. 18 However, I am going to have to respond, as I've 19 responded to most of your other questions here 20 today, because my -- on advice of my counsel, 21 they've advised me I must assert my Sixth Amendment 22 Rights, my Fifth Amendment Rights and my Fourteenth 23 Amendment rights as provided by the Constitution. 24 And if I don't do so, and T answer that question, I 25 risk losing their representation. So therefore,¶

1 unfortunately, Mr. Horowitz, though I would like to 2 answer it, I cannot today.¶

3 BY MR. HOROWITZ:¶

4 Q Did you have sexual contact with Jane Doe 2 at 5 your Palm Beach home in late 2004?¶

6 MR. PIKE: Form, predicate, foundation.¶

7 THE WITNESS: I'd very much like to answer that¶

8 question, as I would like to answer most of your¶

9 other questions here today. However, just like¶

10 I've answered for most of your other questions, on¶

11 advice of my counsel today, they've advised me that¶

12 I must assert my Sixth Amendment, Fifth Amendment¶

13 and Fourteenth Amendment Rights as provided by the¶

14 U.S Constitution. And, though I would like to¶

15 answer it, if I do so, I risk losing their¶

16 representation; therefore, I must not respond.¶

17 Thank you.¶

18 BY MR. HOROWITZ:¶

19 Q During Jane Due 2's visit to your home in 2004,¶

20 did you pay her $200 after you had sexual contact with 21 her?¶

22 MR. PIKE: Form.¶

23 THE WITNESS: Could you repeat the question for¶

24 me?¶

25 BY MR. HOROWITZ:¶

1 Q During Jane Doe 2's visit to your home in 2004, 2 did you pay her 5200 after you had sexual contact with 3 her?¶

4 MR. PIKE: Form.¶

5 THE WITNESS: I would like to answer that¶

6 question -- is she saying I paid her $200? Is that 7 in the allegation?¶

8 MR. HOROWITZ: I'm just asking the questions.¶

9 THE WITNESS: I know. I'm asking you to¶

10 clarify. Is that -- is it -- is it in the -- in¶

11 the complaint?¶

12 MR. HOROWITZ: I'm not allowed to answer youi¶

13 questions today.¶

14 THE WITNESS: I'm sorry.¶

15 MR. HOROWITZ: I wish I could.¶

16 THE WITNESS: I'm sorry. I wish you could¶

17 too. I'm sure the jury would like you to answer¶

18 some of my questions, but today, I'll answer that¶

19 question -- unfortunately, I would like to respond¶

20 to every one of your questions, every single one,¶

21 however, today, on advice of counsel, I cannot.¶

22 And, though I would like to answer each one of your¶

23 questions, on the advice of my counsel, I am going¶

24 to have to assert my Sixth Amendment, Fifth¶

25 Amendment and Fourteenth Amendment Rights not to¶

1 answer, and because -- if I answer, they've advised¶

2 me I risk losing their representation.¶

3 BY MR. HOROWITZ:¶

4 Q You never asked Jane Doe 2 for permission to 5 touch her breasts and genitals, correct?¶

6 MR. PIKE: Form.¶

7 THE WITNESS: I would like to answer each one¶

8 of your questions today, each one. However, on my¶

9 advice of my counsel, they've advised me I cannot¶

10 answer any questions that may be relevant to your¶

11 lawsuit, or her lawsuit, or the lawsuit -- I guess¶

12 it's the lawsuit brought by the same -- one of your¶

13 partners originally whose become disbarred. I¶

14 would like to answer it; however, I cannot. On the¶

15 advice of counsel, I must assert my Sixth¶

16 Amendment, Fourteenth Amendment and Fifth Amendmer¶

17 Rights as provided by the Constitution, because¶

18 they've advised me that if I answer those¶

19 questions, I risk losing their representation.¶

20 MR. HOROWITZ: Okay. Move to strike.¶

21 BY MR. HOROWITZ:¶

22 Q And im't it true that Jane Doe 2 indicated to¶

23 you that she did not want you to touch her?¶

24 A I would like to answer --¶

25 MR. PIKE: Form.¶

1 THE WITNESS: Excuse me?¶

2 MR. PIKE: Go ahead.¶

3 THE WITNESS: I'm sorry. I would like to¶

4 answer every one of your questions today, every¶

5 one. I lowever, on advice of my counsel, I cannot¶

6 answer any questions that may be relevant to any of¶

7 your lawsuits. And so today, on advice of counsel,¶

I must assert my Sixth Amendment, Fifth Amendment¶

9 and Fourteenth Amendment Rights as provided by the¶

10 Constitution, because if I answer these questions,¶

11 I risk -- they tell me, I risk losing their¶

12 representation.¶

13 BY MR. HOROWITZ:¶

14 Q All right. Isn't it true that you touched Jane¶

15 Doe 2's breasts and genitals after she indicated she did¶

16 not want you to touch her?¶

17 MR. PIKE: Form.¶

18 THE WITNESS: I would like to answer that¶

19 question, as well as each and every question you've¶

20 asked me here today regarding each and one of your¶

21 lawsuits. However, today, on the advice of¶

22 counsel, I am going to have to assert my Sixth¶

23 Amendment, Fifth Amendment and Fourteenth Amendm¶

24 Rights as provided by the Constitution. And,¶

25 though I would like to answer that question, as all¶

1 the other questions today, i am going to have to 2 assert those rights because Pvc beenadvised that 3 not doing so, I might risk losing their counsel. 4 BY MR. HOROWITZ: 5 Q Did you try to persuade Jane Doe 2 that it was 6 okay for to you touch her breasts and genitals? 7 MR. PUCE: Form. 8 THE WITNESS: I'd like to answer every one of 9 your questions here today, every one. However, on 10 advice of counsel, they've advised me that I cannot 11 answer any questions that may be relevant to any of 12 your lawsuits. Therefore, l am going to have to 13 assert my Sixth Amendment, Fourteenth Amendment ant 14 Fifth Amendment Rights as provided by the 15 Constitution because, though I would like to answer 16 those questions -- that question, as well as all 17 the other questions you've asked me here today, 18 cannot do so on advice of counsel. 19 BY MR. HOROWITZ: 1 20 Q Sir, you don't deny that you sexually abused 21 Jane Doe 2, do you? 22 MR. PIKE: Form. 23 THE WITNESS: I would like to answer that 24 question. I'd really like to answer that 25 question. However, I cannot on advice of counsel,¶

1 because they told me that I cannot answer any 2 questions that may be relevant to any of your 3 lawsuits here today. And if I do so, l risk losing 4 their representation, so, unfortunately, Mr. 5 Horowitz, I am going to have to assert those 6 rights. 7 BY MR. HOROWITZ: 8 Q Did you pay Jane Doe 3 for bringing Jane Doe 2 9 to your home in late 2004? 10 MR. PIKE: Form. 11 THE WITNESS: Who? 12 MR. HOROWITZ: Jane Doe 3. i may ask you a fen 13 more questions about her name, so just kind of hold 14 that name in your head. 15 THE WITNESS: So it's now not Jane Doe 2? 16 MR. HOROWITZ: Well -- 17 THE WITNESS: Are these two friends? I mean, 18 these are two friends here supposedly? 19 MR. HOROWITZ: I'm not allowed to answer. 20 THE WITNESS: M, you can't, sorry. I guess 21 one friend supposedly brought the other 22 acquaintance -- 23 BY MR. HOROWITZ: 24 Q My question — my question -- 25 A Sorry. Okay. Sony. What's your question?¶

1 Q Put out of your mind anything else you may 2 register. Focus on my question to you. 3 A I am going to try. 4 Q Did you pay Jane Doe 3 for bringing Jane Doe 2 5 to your home in late 2004? 6 MR. PIKE: Form. 7 THE WiTNESS: Did I pay Jane Doe 3, Jane Doe 8 2's friend? Is that -- I'm sorry. Is that -- 9 BY MR. HOROWITZ: 10 Q Do you know them to be friends? 11 A I'm asking you, sorry. 12 Q I'm not allowed -- 13 A You're not allowed to testify. You can't 14 testify that they're friends, okay. I'm sorry. I would 15 like to answer those questions, Mr. Horowitz I'm sure 16 the ladies and gentlemen of the jury -- these questions 17 -- these answers are pretty obvious. However, on advice 18 of counsel, I'm not going to be able to answer those 19 questions today. And, though i would like to, I'm going 20 to have to assert my Fifth Amendment, Sixth Amendmen 21 and Fourteenth Amendment Rights as provided by the 22 Constitutions because my counsel has told me that if i 23 don't do so, I risk losing their -- potentially risk 24 losing their representation. So, though I would like to 25 answer that question, as I understand it, I cannot.¶

1 BY MR. HOROWITZ: 2 Q Okay. Did you instruct S.K. to take Jane Doe 3 2's name and number for the purpose of calling her to 4 come to your house for more sexual activity? 5 MR. PIKE: Form. 6 THE WITNESS: I'd like to answer that question, 7 as I'd like to answer most of your other questions 8 that you've asked me here today. However, based on 9 advice of counsel, they've advised me I cannot 10 answer any questions that may become relevant to 11 any of your lawsuits. So, though I would like to 12 answer the question, Mr. Horowitz, I cannot because 13 my counsel has advised me that if I do, I risk 14 losing their representation. So, unfortunately, 15 today I cannot answer that question. 16 BY MR. HOROWITZ: 17 Q Okay. So you've asserted the Fifth Amendment 18 as to — privilege as to my questions about Jane Doe 2. 19 Is there any reason a jury should not infer from your 20 response that you sexually abused Jane Doe 2? 23. MR. PIKE: Object to the form of that question, 22 and I'm going to instruct him not to answer simply 23 because the way the question is worded, it could 24 get into attorney-client communications and 25 potentially work product. I'm not quite sure i¶

1 understand the question. So if you'd rephrase it, 2 possibly, if you can. 3 BY MR. HOROWITZ: 4 Q You've asserted a Fifth Amendment privilege to 5 various questions I've asked you about Jane Doe 2. My 6 question is: Is there any reason in your mind, absent 7 anything you've spoken to with your attorney about, why 8 the jury should not infer from your assertion of the 9 Fifth Amendment privilege, that you in fact sexually 10 abused Jane Doe 2? 11 MR,. PIKE: Form. 12 THE WITNESS: Well, I believe, Mr. Horowitz, 13 the Fifth Amendment is by the Supreme Court's 14 ruling. It's, in fact, used to protect the 15 innocent, as well as certain people that might be 16 not guilty. So in response to that question, with 17 the fact that Jane Doe 2 — the jury will 18 understand that Jane Doe 2's lawsuit brought by a 19 partner of yours who's been disbarred, constant - 20 after, in fact, he brought the lawsuit, well — the 21 jury, I have a strange feeling will — sorry -- the 22 jury, I believe, will understand that my taking the 23 Fifth Amendment is only as a result of my counsel 24 advising me today that I must do so, because if I 25 don't do so, I risk losing their representation,¶

1 though I'd like to answer each and every one of 2 your questions. 3 BY MR. HOROWITZ: 4 Q In this case are you asserting the Fifth 5 Amendment privilege because you are in fact innocent? 6 MR. PIKE: Form. 7 THE WITNESS: Do you want me to answer that 8 question? 9 MR. PIKE: Form. It's — it's the same 10 objection. 11 THE WITNESS: I would like to answer that 12 question. As I said before, your partner who's 13 been disbarred after filing this lawsuit, is Mr. who's sitting there whose partner, in 15 fact, is sitting in jail for filing lawsuits of a 16 sexual nature against people like me and others. 17 Though I would like to answer every one of your 18 questions, every single one, my counsel has advised 19 me at least today that any question that may be 20 relevant to this lawsuit, I must assert my Sixth 21 Amendment, Fourteenth Amendment and Fifth Amendmen 22 Rights, and, though I would like to answer that 23 question, as well as every other question you've 24 asked here today, I am going to have to assert 25 those rights, or lose -- risk losing their¶

1 representation. 2 BY MR. HOROWITZ: 3 Q Okay. I ant going to be asking you some 4 questions about Jane Doe 3. She's the Plaintiff in -- 5 identified as Jane Doe Number 3. I just want you to 6 keep her name in your head so — for this series of 7 questions, okay? 8 A Yes. 9 Q Sir, isn't it true that a girl named Jane Doe 3 10 came to your Palm Beach home on multiple occasions in 11 2004? 12 MR. PIKE: Form. 13 THE WITNESS: I understand that Jane Doe 3 was 14 the girl you mentioned before who was friendly with 15 Jane Doe 2. So the two friends, I believe, you're 16 just suggesting -- now, there was a question -- 17 Pm asking you to testify. I'd like to answer the 18 questions about Jane Doe 3. I'd like to answer the 19 questions about your former other client you talked 20 about, Jane Doc 2, the two friends, but I cam' 21 based on my advice of counsel just today at least. 22 Though I would like to respond in detail, I am 23 going to have to assert on their opinion -- their 24 advice, the Sixth Amendment, Fifth Amendment and 25 Fourteenth Amendment Rights as provided by the U.S.¶

1 Constitution. And, though I would like to answer 2 each and every one of your questions, I cannot do 3 so hue today. 4 BY MR. HOROWITZ: Q Did you ever instruct a girl named H.R. to 6 bring underage girls to your home for your sexual 7 pleasure? MR. PIKE: Form. 9 THE WITNESS: I'd like to answer each and every 10 one of your questions here today, Mr. Horowitz, 11 regarding these lawsuits that you and your 12 disbarred partner -- your partner who's been 13 disbarred after bringing these lawsuits has 14 brought. However, though I'd like to answer that 15 question, as you probably understand, my counsel 16 who has advised me at least today, that I cannot 17 answer any questions that may become relevant or 18 may be relevant to this lawsuit, and they've 19 advised me I must assert my Sixth Amendment, Fifth 20 Amendment and Fourteenth Amendment Rights as 21 provided by the U.S. Constitution, or risk losing 22 their representation, so unfortunately, I must 23 respond that way. 24 BY MR. HOROWITZ: 25 Q Did you ever pay H.R. to bring you other¶

1 underage girls for your sexual pleasure? 2 MR. PIKE: Form. 3 THE. WITNESS: Can you give me the question 4 again? I'm sorry. 5 BY MR. HOROWITZ: 6 Q H.R., the -- in your mind, do you know who that 7 is? 8 A I'm listening. 9 Q Well, that's my question -- it was a question. 10 A I'm sorry, what was the question? 11 Q Do you know who H.R. -- I mean, in your mind, 12 you can picture who that is, right? 13 MR. PIKE: Form, move to strike. 14 THE WITNESS: I'm going up -- 15 MR. HOROWITZ: It's a question. 16 MR. PIKE: What is the question? 17 BY MR. HOROWITZ: 18 Q Do you -- in your mind, can you picture -- when 19 I say "H.R.", do you know who I'm talking about? 20 MR. PIKE: Form. 21 THE WITNESS: I would like to answer each and 22 every one of your questions brought here today 23 under these lawsuits filed by you and your partner 24 that was disbarred, but on advice of counsel here 25 today, Mr. Horowitz, I'm going to have to assert my¶

Page 86 1 Sixth Amendment, Fourteenth Amendment and Fifth 2 Amendment Rights. Though I would like to answer 3 each and every one of your questions, I cannot do 4 so today. BY MR. HOROWITZ: 6 Q Did you ever pay H.R. to bring you underage 7 girls for your sexual pleasure? 8 MR. PIKE: Form. 9 THE WITNESS: I would like to answer each one 10 of your questions that you've been posing to me 11 today. Unfortunately, my counsel has advised me 12 that today I must assert any of my rights under the 13 Sixth Amendment, Fifth Amendment and Fourteenth 14 Amendment to any questions that may become relcvani 15 to this lawsuit brought by you and your firm and 16 your partner who's been disbarred. But I would 17 like to answer that question. However, today I 18 cannot. 19 BY MR. HOROWITZ: 20 Q Between 2000 -- strike that. 21 In 2004 and 2005, did you pay Jane Doc 3 to 22 bring other minor girls to your home for your own sexual 23 gratification? 24 MR. PIKE: Form. 25 THE WITNESS: This is Jane Doe 3, the same girl¶

1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as before, who's the friend of all of the girls you keep talking about; is that what you're saying? BY MR. HOROWITZ: Q Is that your testimony? A This is your testimony -- I'm sony -- this is your -- I'm trying to understand the question. Unfortunately, I would like to answer that question. However, on advice of counsel here today, they've informed me that I must assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendmen Rights. Though I would like to answer each and every one of your questions, I am going to have to respond to that question the same way I've responded to mostly each one of your other questions here today and refuse to testify. BY MR. HOROWITZ: Q In 2004 did you receive a phone call from H.R. In which she informed you that she was bringing Jane Doe 3 to your home for you to engage in sexual activity? MR. PIKE: Form. THE WITNESS: Did I receive a call? MR. HOROWITZ: That's my question. THE WITNESS: I would like to answer that question, however, on advice of counsel, I cannot¶

1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 88 because they've told me I must assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendmer Rights to any question that may become relevant to one of your lawsuits. So, though I would like to answer that question, as the other questions you've asked, I must assert those rights here today. BY MR. IIOROWITZ: Q Sr, if you shake your head after I ask a question, should we infer that you're saying "no" to my question? MR. PIKE: Form. I am going to instruct him not to answer that question. It -- I'm -- I'm not quite sure that you -- what you're trying to do here is you're asking a — a question. His -- his answer is his answer, and it's a verbal answer, and you know the rules of deposition where nods of the head, shakes of the head, urn-hum and un-huns are not understood by the court reporter. So his answer is his verbal i'vouse, and no such gesture should he interpreted in an manner that would benefit your case, Mr. Horowitz. MR. HOROWITZ: Okay. Well, the video will- will--will be played, and persons who view the video will -- will determine from themselves -- for themselves --¶

1 MR. PIKE: Absolutely. 2 MR. HOROWITZ: -- what to infer from nodding -- 3 MR. PIKE: But he's not -- 4 THE REPORTER: Wait -- 5 MR. HOROWITZ: -- or shaking of the head. 6 MR. PIKE: I'm sorry. Correct, but he's not 7 going to answer that question. 8 MR. HOROWITZ: Okay. 9 BY MR. HOROWITZ: 10 Q Did you instruct S.K. to communicate by 11 telephone with H.R. for the purpose of arranging for 12 underage girls to come to your home to engage in sexual 13 activity? 14 MR. PIKE: Form. 15 TIIE WITNESS: I would like to answer each and 16 every one of your questions posed today about the 17 various lawsuits brought by you and your disbarred 18 partner -- your partner who was disbarred after 19 they filed these lawsuits. However, on advice of 20 counsel, they've told me I must assert my Sixth 21 Amendment, Fifth Amendment and Fourteenth Amendmen 22 Rights as provided by the U.S. Constitution, or if 23 I testify I risk losing their representation. So, 24 though I would like to answer each one of your 25 questions, Mr. Horowitz. I cannot do so today.¶

1 BY MR. HOROWITZ: 2 Q Did you call -- did you instruct S.K. to call 3 Jane Doe 3 by telephone to arrange for you to get a 4 massage? 5 MR. PIKE: Form. 6 THE WITNESS: Mr. Horowitz, I'd like to answer 7 each and every one of your questions, but I am 8 going to have to respond today like I've responded 9 to most of your other questions asked here today. 10 I am going -- by -- on the advice of counsel, I am 11 going to have to assert my Sixth Amendment, 12 Fourteenth Amendment and Fifth Amendment rights no 13 to answer any questions brought by you, your firm, 14 your partner that was disbarred from the Florida 15 Bar after bringing these lawsuits, and I am going 16 to have to refuse to answer that question, I'm 17 sorry. 18 BY MR. HOROWITZ: 19 Q Did you inform S.K. that the massage Jane Doe 3 20 was to give you would be sexual in nature? 21 MR. PIKE: Form. 22 THE WITNESS: I would like to answer that 23 question, but unfortunately, I am going to have to 24 answer that question as I've answered most of your 25 other questions here today. On advice of counsel,¶

1 they've advised that I must assert my Sixth 2 Amendment Rights, my Fourteenth Amendment Rights 3 and my Fifth Amendment rights as provided by the 4 U.S. Constitution. And, though I would like to answer these questions bra you — you, your 6 disbarred partner, or Mr. firm whose 7 partner sits in jail for -- for what the U.S. 8 Attorney calls a criminal enterprise, I would like 9 nothing more than to answer that question, but 10 today I am going to have to assert those rights. 11 BY MR. HOROWITZ: 12 Q Did you observe S.K. speaking with H.R. by 13 telephone and arranging for Jane Doe 3 to come to your 14 home for a massage? 15 MR. PIKE: Form, predicate, foundation. 16 THE WITNESS: I will much -- I'd very much like 17 to answer that question, like most of your other 18 questions here today; however, upon advice of 19 counsel, they've advised me I must assert my Sixth 20 Amendment, Fifth Amendment and Fourteenth Amendmen 21 Rights as provided by the U.S. Constitution. And, 22 though I would like to answer each and every one of 23 your questions brought by you, your firm, your 24 partner that was disbarred after bringing these 25 claims, Mr. firm that's been accused of¶

1 creating and fabricating cases of a sexual nature 2 against me and other people. I cannot answer that 3 question today. 4 BY MR. HOROWITZ: 5 Q Did S.K. tell you that she confirmed by 6 telephone that Jane Doe 3 would be coming to your home 7 at a specific time to give you a massage? MR. PIKE: Form. 9 THE WITNESS: I'd like to answer that question 10 Mr. Horowitz, as I'd like to answer most of your 11 other questions posed here today, but as I've 12 responded to mostly all your questions here today, 13 on advice of counsel, they've advised me I must 14 assert my Sixth Amendment, Fifth Amendment and 15 Fourteenth Amendment Rights provided by the U.S. 16 Constitution. 17 MR. HOROWITZ: Uh-huh. 18 TIIE WITNESS: And if I don't do so, I risk 19 losing their representation. And, though your firm 20 and its partner that was disbarred after bringing 21 these cases, Mr. firm, his partner sits 22 in the jail accused of -- of the largest fraud in 23 South Florida's history, I would like nothing more 24 than to answer that question, but I must follow the 25 advice of counsel, or they've told me I risk losing¶

1 their representation. 2 BY MR. HOROWITZ: 3 Q Since you've mentioned my partner who you 4 describe as disbarred and you also mentioned 5 Mr. Rothstein's involvement, arc you suggesting that 6 Jane Doe 3 fabricated her allegations of abuse after 7 coming into contact with one of these attorneys? 8 A I want -- 9 MR. PIKE: Form. 10 THE WITNESS: I believe the jury will decide 11 that. I believe the ju will decide that 12 Mr. Rothstein, Mr. partner who sits in 13 jail, accused by the U.S. Attorney of the largest 14 fraud in South Florida's history for crafting cases 15 of a sexual nature, crafting, fabricating -- it's 16 not my words -- it's words in the paper -- against 17 people like me and others, to try to get as much 18 money as they could according to the newspapers. 19 I'm sorry, but I would like to answer that question 20 asked to me before, but I cannot under advice of 21 counsel, who've told me I must in response to any 22 questions that may be relevant to your lawsuit, 23 today at least, to assert my Sixth Amendment, 24 Fourteenth Amendment and Fifth Amendment Rights 25 under the U.S. Constitution. May I take a break or¶

1 a rest? 2 MR. I IOROWITZ: Yes. 3 THE WITNESS: Okay. Thank you. 4 THE VIDEOGRAPIIER: Time off the record 11:52. 5 (Thereupon, a short break was taken.) 6 THE VIDEOGRAPHER: Time on the record 12:00. 7 BY MR. HOROWITZ: 8 Q Sr, we have been discussing Jane Doe 3. Was 9 it your intent during the course of Jane Doe 3's first 10 visit to your home that you would persuade, induce or 11 entice her to engage in sexual activity? 12 MR. PIKE: Form. 13 THE WITNESS: I'd like to answer that question, 14 as I'd like to answer every one of your questions 15 here today, Mr. Horowitz; however, on advice of 16 counsel, I've been informed I must assert my Sixth 17 Amendment, Fourteenth Amendment and Fifth Arnendmen 18 Rights as provided by the U.S. Constitution. And, 19 though I'd like to answer the questions provide -- 20 asked by you, unfortunately, your -- the person who 21 filed the lawsuits on your fum's behalf, your 22 partner, Jeffrey Herman, who's been disbarred after 23 they filed this lawsuit, sued by one of your other 24 clients -- one of the girls parents because he 25 brought a lawsuit some — some craziness -- I¶

1 would like to answer every one of your questions; 2 however, my counsel has told me I cannot today, so 3 I must assert those rights, or risk losing their 4 representation. 5 BY MR. HOROWITZ: 6 Q Sir, arc you testifying that my partner was 7 sued by a -- a former client? 8 A I don't remember -- I don't recall -- I believe 9 the -- S.G.'s parents, who the first was initially -- 10 this is according to the newspapers -- your -- Mr. 11. Herman's clients. I believe. The other -- the parent -- 12 the person who he represented said that in fact he never 13 represented her, but I don't have the full details. 14 BY MR. HOROWITZ: 15 Q But are you -- are you suggesting that he was 16 sued by her -- by a former client? 17 A I did not. 18 Q Pardon me? 19 A No, I did not. 20 Q Okay. During the course of Jane Doe 3's first 21 visit to your home, did you in fact persuade, induce or 22 entice her to engage in sexual activity with you? 23 A I just answered that question, didn't I? 24 MR. PIKE: Form. 25 THE WITNESS: Wasn't that the question I just¶

1 answered? 2 BY MR. HOROWITZ: 3 Q No. My earlier question was: Was it your 4 intent to engage in sexual activity. My question now, 5 ifs a very specific one -- 6 A Okay. 7 Q -- during the course of Jane Doe 3's first 8 visit to your home, did you in fact persuade, induce or 9 entice her to engage in sexual activity? 10 A I'd like to answer that question. I'd like to 11 answer every one of your questions here today, 12 Mr. Horowitz, and I think the answer is pretty obvious; 13 however, I cannot, because under advice of counsel, 14 they've advised me I must assert Fifth Amendment, Sixth 15 Amendment and Fourteenth Amendment Rights as provided b. 16 the Constitution. And if I choose to answer. I risk 17 losing that representation no matter how much I'd like 18 to answer that question. 19 Q At no time did Jane Doe 3 tell you that she was 20 Igor older, correct? 21 MR. PIKE: Form. 22 THE WITNESS: I'd like to answer every one of 23 your questions. I'd like to answer that question 24 specifically. However, sitting here today. I've 25 been advised by my counsel that I cannot answer any¶

1 questions that may be relevant to your -- one of 2 your lawsuits. And, though it was brought, 3 believe, your partner that was later disbarred and 4 had some association with Mr. who's sitting 5 there with his partner who sits in jail accused of 6 one of the largest frauds in South Florida's 7 history. The U.S. Attorney accused his firm while 8 he's sitting there accused of being a criminal 9 enterprise, I'd like to answer each one of your 10 questions; however, my counsel has advised me today 11 that I must assert my Sixth Amendment, Fourteenth 12 Amendment and Fifth Amendment Rights, so 13 unfortunately, I cannot. 14 BY MR. HOROWITZ: 15 Q Okay. In your own mind, when Jane Doe 3 was at 16 your home, you didn't believe that she was 18 or older, 17 did you?¶

18 MR. PIKE: Form. 19 THE WITNESS: I'd like to answer each one of 20 your questions, Mr. Horowitz, here today, but 21 unfortunately I'm going to have to respond to that 22 question, as I've responded to most of your other 23 questions here today, which is that at least for 24 today, my counsel has advised me that I cannot 25 answer any questions that may be relevant to any¶

1 one of your lawsuits brought by your firm and your 2 partner whose -- who was disbarred after they 3 brought these lawsuits, or the questions Mr. 4 might pose via his partner sitting in jail, 5 or a new jail according to the newspapers, accused 6 of the largest fraud in South Florida's history for 7 crafting cases of sexual nature against people like 8 me and others. So, though I'd like to answer that 9 question, as your other questions, unfortunately, I 10 am going to have to assert my Fifth Amendment, 11 Sixth Amendment and Fourteenth Amendment Rights a 12 provided by the U.S. Constitution.¶

13 BY MR. HOROWITZ: 14 Q Do you base your assertion of the Fifth 15 Amendment privilege on the fact that Jane Doe 3's 16 attorney was supposedly disbarred? 17 THE REPORTER: "Jane Doe 3's attorney was" -- 18 MR. HOROWITZ: "Supposedly disbarred." 19 MR. PIKE: I am going to object. That could 20 get into attorney-client work product information. 21 I am going to instruct him not to answer that 22 question, Mr. Horowitz. 23 BY MR. HOROWITZ: 24 Q Are you -- are you suggesting that Jane Doe 3 25 is lying because, in your mind, she has an attorney who¶

1 was disbarred? 2 MR. PIKE: Form. 3 THE WITNESS: I would let the jury decide that 4 fact. My suggestions -- I'd like to answer every 5 one of your questions here today. I'd like to 6 respond regarding the -- her attorney that was 7 disbarred. I'd like to answer questions with 8 respect to Mr. partner who sits in jail 9 for crafting cases of a sexual nature, making 10 allegations against people like me and others; 11 however today, on advice of counsel, Mr. Horowitz, 12 I am going to have to assert my -- under -- under 13 advice of counsel, I am going to have assert my 14 Sixth Amendment, Fourteenth Amendment and Fifth 15 Amendment Rights, and I'm told that if I choose to 16 answer that question, I risk losing their 17 representation, so unfortunately, I cannot answer 18 that today. 19 BY MR. HOROWITZ: 20 Q Is it your contention today that Scott 21 Rothstein fabricated Jane Doe 3's lawsuit? 22 MR. PIKE: Form. 23 MR. HOROWITZ: I would like to answer that 24 question. I would like to answer -- I believe your 25 partner, Mr. Herman, was disbarred after filing the¶

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lawsuit. I'd like to answer every one of your questions here today; however, on advice of my counsel, I'm told that I must assert my Sixth Amendment, Fourteenth Amendment and Fifth Amcndmce Rights, and if I choose to answer that question, I risk losing their representation. So, though I would like to answer that question, as you probably understand, I cannot do so today. BY MR. HOROWITZ: Q When Jane Doc 3 was at your home, she told you she attended Palm Beach I ligh School, didn't she? MR. PIKE: Form. THE WITNESS: I'd like to answer every one of your questions here today, Mr. -- Horowitz, right, Horowitz? MR. HOROWITZ: (Nods head). THE WITNESS: However, on advice of counsel, I cannot answer those questions. They've asked me to assert my Sixth Amendment Fourteenth Amendment and Fifth Amendment Rights. And if I choose to answer, I risk losing their representation. Though your partner after filing this lawsuit was disbarred from the Florida Bar, the -- your the man sitting to your right, his partner sits in jail accused of the largest fraud in South Florida's¶

1 history for crafting -- 2 MR. HOROWITZ: Uh-huh. 3 TIIE WITNESS: -- cases of a sexual nature 4 against me and people like me. I would like to 5 answer those questions, but unfortunately today, I 6 cannot do so. 7 BY MR. HOROWITZ: 8 Q You were nude in front of Jane Doe 3 in 2004, 9 weren't you? 10 MR. PIKE: Form. 11 MR. HOROWITZ: I'd like to answer each and 12 every one of your questions here today, Mr. 13 Horowitz; however, on the advice of my counsel, I 14 cannot. They've advised me I must assert my Sixth 15 Amendment Rights, Sixth Amendment, Fourteenth 16 Amendment and Fifth Amendment Rights, so that to 17 any question that might be relevant to any of your 18 lawsuits crafted by your partner, who I believe has 19 been disbarred since filing the lawsuits, and 20 Mr. sitting there with his partner, Mr. 21 Rothstein, who's currently sitting in jail for 22 crafting cases of a sexual nature against people 23 like me and others, I'd like to answer each and 24 every one of your questions; however today, my -- 25 on advice of counsel, I cannot do so.¶

1. BY MR. HOROWITZ: 2 Q In 2004 did you instruct Jane Doe 3 to remove 3 her clothing? 4 MR. PIKE: Form. 5 MR. HOROWITZ: Can you repeat the question? 6 BY MR. HOROWITZ: 7 Q Remember we -- we have been talking about Jane 8 Doc 3. 9 A I'm doing my best. 10 Q In 2004 did you instruct Jane Doe 3 to remove 11 her clothing? 12 MR. PIKE: Form. 13 THE WITNESS: I would like to answer that 14 question. I would like to answer each and every 15 one of your other questions here today. However, 16 upon advice of my counsel, they've advised me I 17 must assert my Sixth Amendment, Fourteenth 18 Amendment and Fifth Amendment Rights. So. thougt 19 l'd like to answer these questions posed". 20 your partner who's been disbarred, Mr. 21 partner who sits in jail for crafting lawsuits of a 22 sexual nature against people like me and others -- 23 so, though I would like to answer those questions 24 with great specificity, I cannot under the advice 25 of counsel, so therefore, I'm sorry.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. HOROWITZ: Q In 2004 did you instruct Jane Doe 3 to pinch your nipples and rub your chest? MR. PIKE: Form. THE WITNESS: I'd like to answer that question. I'd like to answer that question very much. However, on advice of counsel, they've instructed me that I cannot answer any questions today that may be relevant to any of your lawsuits filed by you, your partner, Jeffrey Herman, that was disbarred by the Florida Bar Association after filing these lawsuits, questions posed by Mr. and his firm whose partner sits in jail accused by the U.S. Attorney of perpetrating the largest fraud in U.S. history by fabricating - totally fabricating cases against people like me and others. Though I would like to answer those questions, I am going to have to assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendmen Rights as advice of -- upon advice of counsel. BY MR. HOROWITZ: Q In 2004 did you ask Jane Doe 3 questions about her sexual experience and preferences? MR. PIKE: Form. THE WITNESS: I'd like to answer that¶

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 question. I'd like to answer every question you've asked here today. However, upon advice of counsel, they've advised me I must assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendmen Rights -- so that cases brought by attorneys like you and your partner, Jeffrey Herman, who held a press conference on the streets outside Palm Beach, he was brought -- then later disbarred by the Florida Bar Association -- I'd like to answer every one of your questions. However, today, on advice of counsel, I cannot. BY MR. HOROWITZ: Q In 2004 did you touch Jane Doe 3's breasts for your own sexual gratification? MR. PIKE: Form. TIIE WITNESS: I'd like to answer each and every one of your questions posed today, Mr. Horowitz. However, at least today upon advice of counsel, I -- I cannot answer those questions, and I -- and I must assert, on advice of my counsel, my Sixth Amendment, Fifth Amendment and Fourteenth Amendmen Rights under the U.S. Constitution. And though this lawsuit brought by you and your partner who's been disbarred by the Florida Bar Association after bringing this lawsuit, sitting next to Mr.¶

1 whose partner sits in jail for bringing cases of a 2 sexual nature, fabricated cases of a sexual nature, 3 and fleecing investors out of millions of dollars 4 in South Florida, I'd like to answer each and every 5 one of your questions. However today, I cannot do 6 so upon advice of counsel. 7 BY MR. HOROWITZ: 8 Q In 2004 did you touch Janc Doc 3's buttocks for 9 your own sexual gratification? 10 MR. PIKE: Form. 11 THE WITNESS: I'd like to answer that 12 question. I'd very much like to answer that 13 question, like all the other questions you've asked 14 here today, questions posed by your firm, your 15 partner, Jeffrey Herman, whose been disbarred by 16 the Florida Bar Association after bringing this 17 case, Mr. partner, Scott Rothstein, whose 18 purpose was -- according to the U.S. Attorney, ran 19 with Mr. and part of the firm, the largest 20 fraud -- one of the largest frauds in South 21 Florida's history for fabricating cases, misleading 22 investors, fleecing unsuspecting investors out of 23 millions of dollars by fabricating cases of a 24 sexual nature against people like me and others. 25 However, my counsel today has advised me that I¶

1 cannot answer those questions -- any questions that 2 may be relevant to any of your lawsuits. So, 3 though I would like to answer that question today, 4 I am going to have to rely on my counsel's advice. 5 BY MR. HOROWITZ: 6 Q In 2004 did you rub Jane Doe 3's vagina? 7 MR. PIKE: Form. 8 THE WITNESS: Excuse me. I'd like to answer 9 that question, as I would like to answer mostly 10 every question you've asked me here today; however, 11 upon advice of counsel, I cannot answer that 12 question. They've advised me I must assert my 13 Sixth Amendment, Fifth Amendment and Fourteenth 14 Amendment Rights against self -- excuse me, against 15 -- under the U.S. Constitution. And though your 16 partner, Jeffrey Hernaivas disbarred after filing 17 this lawsuit, Mr. partner sits in jail for 18 fabricating cases of a sexual nature, fleecing 19 unsuspecting Florida investors and others out of 20 millions of dollars for cases of a sexual nature 21 with -- I'd like to answer your questions; however, 22 ill I'm told that if l do so, I risk losing my 23 counsel's representation; therefore, I must accept 24 their advise. 25 BY MR. HOROWITZ:¶

1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q In 2004 did you try to insert your fingers into Jane Doe 3's vagina? MR. PIKE: Form. THE WITNESS: I'd like to answer that question. I'd like to answer every one of your questions here today; however, my counsel has advised me that I cannot answer any questions that may be relevant to any of your lawsuits brought by you and your disbarred artner, Jeffrey Herman, or the questions by Mr. partner, Scott -- his firm, Scott Rothstein's firm, who -- Scott Rothstein sits in jail for fabricating cases of a sexual nature -- excuse me -- MR. HOROWITZ: Continue. THE WITNESS: So, though I'd like to answer that question, as I'd like to answer each and every one of your questions today, I cannot do so on - upon advice of counsel. BY MR. HOROWITZ: Q In 2004 did you masturbate in front of lane Doe 3? MR. PIKE: Form. THE WITNESS: I'd like to answer each and every one of your questions, especially that one today; however, my counsel has advised me that I must¶

1 2 3 4 5 6 7 a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 108 assert my Sixth Amendment, Fourteenth Amendment ani Fifth Amendment Rights, not to answer that question. I'd like to answer it, though your partner who brought this lawsuit has been disbarred after bringing the lawsuit. Mr. partner who sits next to you, his partner sits in jail for fabricating cases of a sexual nature against people like me, fleecing people out of millions of dollars because this is about -- about -- of money. Just a money, money case. I'd like to answer those questions, Mr. Horowitz. However, my counsel today has said, I cannot answer any questions today that may be relevant to this lawsuit, and I must accept their advice, or risk losing their representation. BY MR. HOROWITZ: Q In 2004 did you ejaculate in front of Jane Doe 3? MR. PIKE: Form. THE WITNESS: I'd like to answer that question. However, today my counsel has advised me that I cannot answer any questions that may be relevant to your lawsuits, and I'm going to have to answer that question as I've answered most of your other questions here today. This is no different than the other questions I've had to answer where my¶

1 counsel has advised mc that I have to take these 1 fabricating and falsely creating cases of a sexual 2 rights, but I prefer to answer, but if I do so, I 2 nature against people like me and others in order 3 risk losing their representation. And, though 3 to simply gain money. So, though I'd like to 4 posed by you and your partner, Jeffrey Herman, that 4 answer your questions, Mr. Horowitz, I am going to 5 was disbarred after filing these lawsuits, sitting 5 have to answer this question, as I've answered most 6 next to Mr. l=, whose partner sits in jail 6 of your questions here today, which is on the 7 accused of the largest — perpetrating the largest 7 advice of counsel I cannot answer. 8 -- one of the largest frauds in South Florida's 8 BY MR. HOROWITZ: 9 history, accused by the U.S. Attorney of being a -- 9 Q You never asked Jane Doe 3 for permission to 10 his finn of being a criminal enterprise, I'd like 10 touch her breasts and genitals, did you? 11 to answer each and every one of your questions; 11 MR. PIKE: Form, asked and answered. 12 however, today under the advice of counsel, I 12 THE WITNESS: I'd like to answer that question, 13 cannot. 13 as I would like to answer most of your other 14 BY MR. HOROWITZ: 14 questions here today. However, upon advice of my 15 Q Did you have sexual contact with Jane Doe 3 15 counsel — excuse me -- they've instructed me that 16 during a massage in 2004? 16 1 must assert my Sixth Amendment, Fourteenth 17 MR. PIKE: Form. 17 Amendment and Fifth Amendment Rights of -- provide 18 THE WITNESS: I'd like to answer that question, 18 by the U.S. Constitution. And, though you, your 19 as I'd like to answer each and every one of your 19 partner, Jeffrey Herman -- excuse me -- who was 20 other questions here today. However, upon the 20 disbarred by the Florida Bar Association after 21 advice of counsel, I cannot. And they've asked me 21 asfilh his case and your other cases, or Mr. 22 that -- they've required me to assert my Sixth 22 partner who sits in jail -- sits in jail, 23 Amendment, Fourteenth Amendment and Fifth Amendmai 23 accused of perpetrating one of the largest frauds 24 Rights as provided by the U.S. Constitution. 24 in Florida's history by maliciously fabricating 25 Though your firm's partner sits disbarred -- 25 cases of a sexual nature against me and other¶

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1 Jeffrey Herman is disbarred after he brought this 1 people like mc. So as you might imagine, I would 2 case, Mr. partner sits in jail accused by 2 like to answer these questions, but like the other 3 the lAttorney of perpetrating the largest fraud 3 questions I've asked -- I've answered here today, I 4 in U.S. or south Florida's history for fabricating 4 am going to have to accept my attorney's counsel or 5 cases of a sexually charged nature against me and 5 risk losing their representation. 6 people like mc. So, though I would like to answer 6 BY MR. HOROWITZ: 7 your questions with specificity, Mr. Horowitz, 1 7 Q In fact, sir, Jane Doe 3 indicated to you that 8 cannot do so here today upon advice of counsel. 8 she did not want you to touch her breasts; isn't that 9 BY MR. HOROWITZ: 9 correct? 10 Q During her first visit in 2004 to your home, 10 MR. PIKE: Form. 11 did you pay $200 to Jane Doe 3 after you had sexual 11 THE WITNESS: I'd like to answer all your 12 contact with her? 12 questions here today, Mr. Horowitz. I would really 13 MR. PIKE: Form. 13 like to answer that question specifically. 14 THE WITNESS: I'd like to answer that 14 However, as I sit here today, my counsel has 15 question. I'd really like to answer that 15 advised me that I must assert my Sixth Amendment 16 question. I cannot do so, however, because my 16 Rights, my Fourteenth Amendment Rights and my Fifth 17 counsel has told me that I cannot answer any 17 Amendment Rights as provided by the U.S. 18 questions relevant -- that may be relevant to any 18 Constitution. So, though you and your partner, 19 of your lawsuits filed by you and your partner, 19 Jeffrey Herman, who filed this lawsuit, held a 20 Jeffrey Herman, who was disbarred -- disbarred by 20 press conference in Palm Beach months before he 21 the Florida Bar Association after filing these 21 became disbarred -- disbarred -- he's no longer an 22 lawsuits, or Mr. partner who sits in jail 22 attorney is my understanding now, but he was 23 accused of perpetrating one of the largest frauds 23 disbarred by the Florida -- the Florida Bar 24 in South Florida's history, fleecing South Florida 24 Association, or Mr. partner who sits in 25 investors of millions of dollars by crafting, 25 jail accused of fabricating cases strictly to get¶

1 money from Florida investors, from Florida people, 2 I'd like to answer each and every one of your 3 questions, Mr. Horowitz, but today, on advice of 4 counsel, I cannot. 5 BY MR. HOROWITZ: 6 Q Sir, you touched Jane Doe 3's breasts, buttocks 7 and genitals while she was still a minor after she told you she did not want you to touch her; isn't that right? 9 MR. PIKE: Form, asked and answered. 10 THE WITNESS: Pd like to answer each and every 11 one of your questions today, Mr. Horowitz 12 however, upon advice of my counsel I cannot. 13 'they've asked me -- they've required me to assert 14 my Sixth Amendment, Fourteenth Amendment and Fiftt 15 Amendment Rights as provided by the U.S. 16 Constitution to any questions that may be relevant, 17 or may become relevant to this lawsuit. So, though 18 your partner was disbarred after you filed this 19 claim, or your firm filed this claim, Mr. 20 who sits next to you, his partner sits in jail, so 21 I'd like to answer each one of these questions. 22 However, today, on the advice of counsel, I cannot. 23 BY MR. HOROWITZ: 24 Q Did you try to persuade Jane Doe 3 that it was 25 okay for you to touch her breasts and genitals?¶

Page 114 1 MR. PIKE: Form. 2 TIIE WITNESS: I would like to answer each and 3 every one of your questions here today, 4 Mr. Horowitz, however, upon advice of counsel, I'm 5 -- they've required ate to assert my Fourteenth 6 Amendment, Sixth Amendment and Fifth Amendmeni 7 Rights as provided by the U.S. Constitution. So, 8 although I would like to answer that question, and 9 respond to questions posed by you, for, I guess, 10 your partner, Mr. Herman, who has been disbarred by 11 the Florida Bar Association after filing these 12 cases, disbarred, or Mr. Mr partner who sits 13 next to you, has filed other cases where his 14 partner sits in jail for fabricating cases, trying 15 to get money from Florida investors, I'd like to 16 answer each one of your questions here today Mr. 17 Morowitz, but upon advice of counsel, they've 18 advised me that if I do so, I risk losing their 19 representation, so 1 must accept their advice. 20 BY MR. HOROWITZ: 21 Q Mr. Epstein, you don't deny that you sexually 22 abused Jane Doe 3 when she was a child, do you? 23 MR. PIKE: Form. 24 THE WUNESS: I would like to answer every one 25 of your questions here today, Mr. Horowitz, but¶

1 like in response to most of your other questions 2 here today, I cannot. On the advice of counsel, 3 they've told me I must accept their advice or risk 4 losing their representation. They've advised me 5 that I must assert my Sixth Amendment, Fourteenth 6 Amendment and Fifth Amendment rights. So, though 7 your partner, Jeffrey Herman, was disbarred after 8 filing these cases, disbarred, no longer an 9 attorney, Mr. ' partner who sits to your 10 right, his partner sits in, i believe, Saint Lucie 11 Jail according to today -- today's newspaper, 12 accused of perpetrating the largest fraud in South 13 Florida history against people like me, crafting, 14 fabricating, malicious sexually charged -- cases of 15 a sexually charged nature in order to fleece 16 investors, I would like to answer that question. 17 However today, I must accept my client's -- 18 attorney's advice. 19 BY MR. HOROWITZ. 20 Q Mr. Epstein, did you instruct S.K. to take Jane 21 Doe 3's name and telephone number for the purpose of 22 calling her home -- strike that. 23 Did you instruct S.K. to take Jane Doe 3's name 24 and telephone number for the purpose of calling Jane Doe 25 3 to come to your home for sexual activity?¶

Page 116 1 MR. PIKE: Form, asked and answered. 2 THE WITNESS: I would like to answer every one 3 of your questions, Mr. Horowitz, posed here today. 4 Unfortunately, I guess, your -- your other partner 5 who filed these lawsuits has been disbarred in the 6 interim by the Florida Bar Association, so he's not 7 here today. However, Pd like to answer those 8 questions, but my counsel has told me that I have 9 to assert my Sixth Amendment, Fifth Amendment and 10 Fourteenth Amendment Rights as provided by the U.S. 11 constitution. So, thou I would like to answer 12 your questions, Mr. questions whose 13 partner sits in jail for perpetrating one of the 14 largest frauds in South Florida's history, accused 15 by the U.S. Attorney -- his firm accused by the 16 U.S. Attorney is now -- the firm is bankrupt by 17 perpetrating the -- one of the largest frauds in 18 South Florida's history and being called a criminal 19 enterprise by the current South Florida's U.S. 20 Attorney, I would like to answer every one of your 21 question, very much so, however, my -- on advice of 22 counsel, 1 cannot do so here today. 23 BY MR. HOROWITZ: 24 Q Sir, is there any reason in your mind that a 25 jury should not infer from your assertion of the Fifth¶