### IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN individually, J. , individually, and L.M., individually, Defendants. ### COUNTER-PLAINTIFF SUPPORT OF HIS NOTICE OF FILING DEP AND DISCOVERY RESPONSES BY JEF ATTORNEY-CL IX OF DOCUMENTS IN RANSCRIPT EXCERPTS TEIN IMPLICATING THE RIVILEGE Counter-Plaintiff, this Appendix of Documents in Su and Discovery Responses by J d through undersigned counsel, hereby files s Notice of Filing Deposition Transcript Excerpts em Implicating the Attorney-Client Privilege: A | No. | Date | Document | | --- | ---------------- | ---------------------------------------------------------- | | I | March 17 20 | De sition Transcri t — Je E stein | | 2 | Septemb 0, 2 | Defendant Interrogatories to Plaintiff | | 3 | o 1 , 010 | Plaintiff/Counter-Defendant, SeEpstein's Je Objections to | | | | Defendant/Counter-Plaintiff, J. General | | 4 | August 20, 20113 | Notice of Service of Interrogatory to Jeffrey Epstein | | 5 | ovember 5, 2013 | Plaintiff/Counter-Defendant Epstein's Amended Responses to | I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 4th day of December, 2017. A /e/ Int+ NrarnIn JACK SCAROLA Florida Bar No.: 169440 DAVID P. VITALE JR. CO ' Florida Bar No.: 115179 Attorney E-Mails: jsx aw.com and tmnccann@searcyla Primary E-Mail: @scarcylaw.com Searcy Denne arnhart & Shipley, P.A. 2139 Palm a Boulevard West Pal c lorida 33409 Phone. 1) -6300 F • 383-9451 Case No.: 502009CA040800XXXXMBAG Counter-Plaintiff [REDACTED] J. [REDACTED] Appendix of Documents in Support of His Notice of Filing Deposition\ Transcript Excerpts and Discovery Responses by Jeffrey Epstein Implicating the Attorney-Client Privilege\ Page 3 of 4 ### COUNSEL LIST [REDACTED] J. [REDACTED], Esquire\ staff.efile@pathtojustice.com\ 425 N Andrews Avenue, Suite 2\ Fort Lauderdale, FL 33301\ Phone: (954)-524-2820\ Fax: (954)-524-2822\ Attorneys for Jeffrey Epstein Jack A. Goldberger, Esquire\ jgoldberger@agwpa.com; smahoney@agwpa.com\ Atterbury Goldberger & Weiss, P.A.\ 250 Australian Avenue S, Suite 1400\ West Palm Beach, FL 33401\ Phone: (561)-659-8300\ Fax: (561)-835-8691\ Attorneys for Jeffrey Epstein Nichole J. Segal, Esquire\ njs@FLAppellateLaw.com; kbt@FLAppellateLaw.com\ Burlington & Rockenbach, P.A.\ 444 W Railroad Avenue, Suite 350\ West Palm Beach, FL 33401\ Phone: (561)-721-0400\ Fax:\ Attorneys for Jeffrey Epstein Scott J. Link, Esquire\ Eservice@linkrocklaw.com; Scott@linkrocklaw.com; Kara@linkrocklaw.com;\ Angela@linkrocklaw.com; Tanya@linkrocklaw.com; tina@linkrocklaw.com\ Link & Rockenbach, P.A.\ 1555 Palm Beach Lakes Boulevard, Suite 301\ West Palm Beach, FL 33401\ Phone: (561)-727-3600\ Fax: (561)-727-3601\ Attorneys for Jeffrey Epstein Marc S. Nurik, Esquire\ marc@nuriklaw.com Case No.: 502009CA040800XXXXMBAG Counter-Plaintiff J. Ism Appendix of Documents in Support of His Notice of Filing Deposition Transcript Excerpts and Discovery Responses by Jeffrey Epstein Implicating the Attorney-Client Privilege Page 4 of 4 One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Phone: (954)-745-5849 Fax: (954)-745-3556 Attorneys for Scott Rothstein Go IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT\ IN AND FOR PALM BEACH COUNTY, FLORIDA\ CASE No.502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff,\ -vs- SCOTT ROTHSTEIN, individually,\ J. [REDACTED], individually, and\ L.M., individually, Defendants. VIDEOTAPED DEPOSITION OF JEFFREY EPSTEIN\ Wednesday, March 17, 2010\ 10:17 a.m. - 1:27 p.m. 303 Banyan Boulevard\ Suite 400\ West Palm Beach, Florida 33401 Reported By:\ Sandra W. Townsend, FPR\ Notary Public, State of Florida\ West Palm Beach Office Job #1358 APPEARANCES: 1 On behalf of the Plaintiff: 2 MICHAEL PIKE, ESQUIRE\ 3 BURMAN CRITTON LUTTIER & COLEMAN, LLP\ 4 303 Banyan Boulevard, Suite 400\ West Palm Beach, Florida 33401\ 5 Phone: 561.842.2820 6 On behalf of the Defendant \[REDACTED\]:\ 7 JACK SCAROLA, ESQUIRE\ 8 SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY\ 9 2139 Palm Beach Lakes Boulevard\ West Palm Beach, Florida 33409\ 10 Phone: 561.686.6300 11 On behalf of the Defendant L.M.:\ 12 [REDACTED], ESQUIRE\ 13 [REDACTED], JAFFE, WEISSING, FISTOS,\ 14 & LEHRMAN, P.L.\ West Palm Beach, Florida 33401\ 15 Phone: 954.524.2820 16 Also Present:\ 17 STEVEN JAFFE, ESQUIRE\ 18 [REDACTED], JAFFE, WEISSING, FISTOS,\ 19 & LEHRMAN, P.L.\ West Palm Beach, Florida 33401\ 20 Phone: 954.524.2820 EXHIBITS | NUMBER | DESCRIPTION | PAGE | | ---------------- | ----------- | ---- | | Exhibit number 1 | Eyeglasses | 133 | PROCEEDINGS 1 Deposition taken before Sandra W. Townsend, Court\ 2 Reporter and Notary Public in and for the State of\ 3 Florida at Large, in the above cause. 4 ---\ 5 VIDEOGRAPHER: We are now on video record.\ 6 This is media number one in the videotaped\ 7 deposition of Jeffrey Epstein in the matter of\ 8 Jeffrey Epstein versus Scott Rothstein, [REDACTED]\ 9 and L.M. 10 Today is Wednesday, March 17, 2010 at\ 11 10:17 a.m. 12 We are at the law offices of Burman,\ 13 Critton -- Banyan -- of Burman, Critton on Banyan\ 14 Boulevard, Suite 400, West Palm Beach, Florida. 15 My name is Joe Kozak. I'm the videographer.\ 16 The court reporter is Sandra Townsend from Prose\ 17 Court Reporting Agency. 18 Would Counsel please introduce yourselves and\ 19 then the court reporter will swear in the witness. 20 MR. SCAROLA: My name is Jack Scarola. I am\ 21 Counsel on behalf of Brad [REDACTED] in his capacity,\ 22 both as Defendant and Counter-Plaintiff in this\ 23 action. Mr. [REDACTED] is present with me.\ 24\ 25 1 MR. PIKE: Michael Pike, on behalf of the 1 answer that question. Attorney/client. 2 Plaintiff, Jeffrey E ein. 2 BY MR. SCAROLA: 3 MR. Brad on behalf of the 3 Q. Well, didn't you just tell me that your lawyer 5 Also present, Steve Jaffe, on behalf of the 5 represent you anymore? 6 Defendant, L.M., as well. 6 MR. PIKE: That's exactly what he said, 8 JEFFREY EPSTEIN, 8 the question. 9 having been first duly sworn or affirmed, was examined 9 BY MR. SCAROLA: 10 and testified as follows: 10 Q. Okay. So I want to know then —1 want to 11 THE WITNESS: Yes, I do. Thank you. 11 know what your lawyer told you about that. 12 MR. PIKE: Before we get started, Jack, I just 12 MR. PIKE: I'm going ton you not to 13 wanted to get on the record,1 just want to make 13 answer that question. Atto e lien. 14 sure that you received this letter that I sent to 14 MR. SCAROLA: t is ontention, 16 MR. SCAROLA: I did receive the letter. 16 made, Mr. Epste any attorney/client 17 MR. PIKE: Okay. And were still on for 17 privilege with t matter. 18 Mr. deposition, as we sit here today? 18 MR. P mention, definitely not 19 MR. SCAROLA: That's correct. 19 mine. 20 MR. PIKE: Okay. Thank you. 20 BY MR. SCA 21 DIRECT EXAMINATION 21 • 1i pstcin, who else has shared that 22 BY MR. SCAROLA: 22 ". • you at any time over the course of the 23 Q. Please slate your full name and your current 23 I 24 residence address. 24 A Again, Mr. Scarola, I'd like to answer that 25 A. My name is Jeffrey Epstein. I'm currently 2 ion, as I'd like to answer each and ewer), one of 4 Defendant, L.M. 4 advised you that if you answered questions he wouldn't 7 THEREUPON, 7 Mr. Scuola, and I'm instructing him not to answer 15 your office yesterday of March 16,2010. 15 obviously, that by c sta ent that he has 1 raiding at 358 El Brillo in Palm Beach. 1 your questions here today. However, on advice of 2 Q. How long have you resided at that toe ti 2 Counsel, I'm going to have to assert my Fifth, Sixth and 3 Mr. Epstein? 3 14th Amendment Right. 4 A. I'm sorry. On advice of Counsel today, I'm 4 Q. Arc you a Plaintiff in a lawsuit against Scott S going to lake the Fifth, Sixth and 14th Amendmeot with 5 Rothstein, 1. and an individual 6 respect to that question, Mr. Scarola. 6 identified by the initials L.M.? 7 Q. Have you maintained any other residences over 7 A. Yes, sir, I am. 8 the course of the last five years? 8 Q. Who is the individual identified as L.M.? 9 A. Though I'd like to ansWe each and every one 9 A. I believe front depositions that I've read, her 10 of your questrons, respect to that 10 full name is LM. 11 question I'm goin veto assert my Constitutional 11. Q. When and under what circumstances did you 12 Rights as pro - ii I th, 14th and Sixth — 12 first meet the individual referenced by the initials 13 Fifth — sorry Ira, DA and 14th Amendment. 13 LM.? 14 Q. .p . i. ... idc with you at the El Brill° 14 A. Mr. Scarola, I think you are aware these 15 add 15 questions arc simply designed to have me invoke my Fifth 17 each and cry one of your questions here today, at 17 relation to other questions and other cases filed. 18 least with respect to that question, I'm going to have 18 But in response to your question, I'm going to 19 to assert my rights as under the Sixth, Fifth and 14th 19 have to invoke my right not to testify. 20 Amendment. 20 Q. Do you know the individual named L.M., 21 And I've been advised by Counsel, though I'd 21 identified by the initials L.M.? 22 like to answer these questions, if I do so, I risk 22 A. Mr. Scarola, at least today — I would like to 23 losing their representation. 23 answer that question; however, today, on advice of 24 Q. What did your lawyer tell you in that regard? 24 Counsel, I'm going to have to refuse to answer that 25 MR. PIKE: I'm going to instruct you not to 25 question. 16 A. in, Mr. Scarola, though I'd like to answer 16 Amendment, Sixth Amendment and 14th Amendment Right in 1 Q. Have you ever acknowledged in the presence of 1 2 any other person knowing the individual identified by 2 identified by the initials L.M.? 3 the initials L.M.? 3 A. I'm going to have to refuse to answer that 4 MR. PIKE: Form. 4 question. 6 the question, sir? 6 J. that you knew L.M.? 7 BY MR. SCAROLA: 7 MR. PIKE: Again, for purposes of the record, 8 Q. Yes, sir. Have you ever acknowledged in the 8 I'm instructing you to invoke the Fifth, Sixth and 9 presence of any other person knowing the individual 9 14th, rather than just simply say — 10 identified by the initials L.M.? 10 THE WITNESS: Okay. 11 MR. PIKE: Form. Also could invade 11 MR. PIKE: —1 refuse to answer. I want it 12 attorney/client. 12 to be clear for the Court that y ye invoked 13 THE WITNESS: Again, I would like to answer 13 your Fifth, Sixth and 14th. 14 that question, but today I'm going to have to 19 THE WITNESS: Fin 15 invoke my Fifth Amendment, Sixth Amendment and 14th 15 Then on advice of, I'm going to have 16 Amendment Right. 16 to invoke my Fi 4th Amendment Right. 17 BY MR. SCAROLA: 17 BY MR. SCAROL 18 Q. Have you ever acknowledged in the presence of 18 Q. Have 19 any person, other than your own lawyer, having known the 19 presence that u ilk the individual identified by the 20 individual identified by the initials L.M.? 20 initials M.? 21 MR. PIKE: Form. 21 I'm going to have to invoke my Fifth, 22 THE WITNESS: Again, I'd like to answer each 22 I Amendment Right, Mr. Scarola. 23 and every one of your questions here today, 23 you ever acknowledged in 24 Mr. Scarola: however, on advice of Counsel, at 24 y that you liked L.M.? 25 least today, I'm going to have to refuse to answer Again, Mr. Scarola, I'm going to have to J. that you knew the individual 5 THE WITNESS: Again? Sony. Can you repeat 5 Q. Have you ever acknowledged in the presence of e wledged in Brad 1 that question. 3 Q. Have you ever acknowledged to — 3 Terri Becker, a court reporter present at a deposition 4 A. Excuse me. 4 taken by Brad in a — in a case in which the 5 Q. - -- 5 individual identified by the initials L.M. was a 6 A. Sir, may 1 suggest that if I sa Ire o 6 Plaintiff that you knew and/or liked -- 7 answer, that it means the Fifth, Sixth h or would 7 MR. PIKE: Form. 8 you prefer that I recite it eac ' 9 8 THE WITNESS: Again.- 9 Q. I would prefer that yo the questions. 9 BY MR. SCAROLA: 10 that's my preference t if y going to assert a 10 Q. — L.M.? 11 privilege, I will that if you simply say that you 11 MR. PIKE: Same objection. 12 arc refusing t refusal to answer will be 12 THE WITNESS: Again, I'm going to have to 13 on the basis vari Constitutional privileges 13 assert my Fifth, Sixth and 14th Amendment Right. 14 against ' ' • tion without the necessity of 14 BY MIL SCAROLA: 15 15 Q. Have you ever acknowledged in the presence of 16 I ur refusal to answer is on the basis of 16 Steve Jaffe that you knew and/or liked L.M.? 17 any other 'vilege, it will be necessary for you to 17 A. Again, Mr. Scarola, though I'd like to answer 18 identify that privilege. 18 each and every one of your questions today, I'm going to 19 A. Thank you. 19 have to, at the advice of Counsel, invoke my Fifth, 20 MR. PIKE: And I'm going to instruct you, too, 20 Sixth and 14th Amendment Right. 21 when you do invoke, invoke the Fifth, Sixth and the 21 Q. Why arc you suing L.M.? 22 14th. 22 MR. PIKE: Form. 23 THE WITNESS: Yes. 23 MR. SCAROLA: Let me state for the record that 24 BY MR. SCAROLA: 24 I don't consider a form objection to be a proper 25 Q. Have you ever acknowledged in the presence of 25 objection, unless you specify the defect in the invoke my Fifth, Sixth and 14th Amendment Right. 2 BY MR. SCAROLA: 7 2 Q. Have you ever acknowledged in the presence of 1 form and provide me with an opportunity to correct\ 2 the defect. 3 MR. PIKE: That's fine. I believe the rules\ 4 provide otherwise. But, nonetheless, I stand on my\ 5 objection to form. 6 THE WITNESS: I'm sorry. You have to repeat\ 7 the question. 8 BY MR. SCAROLA: 9 Q. Why are you suing L.M.? 10 MR. PIKE: Form. 11 THE WITNESS: L.M. is part of a conspiracy\ 12 with Scott Rothstein, [REDACTED], creating --\ 13 excuse me -- creating fraudulent cases of a\ 14 sexually charged nature in which the U.S. Attorney\ 15 has already charged the firm of Rothstein, a firm\ 16 of which [REDACTED] is a partner, was a\ 17 partner, with creating, fabricating malicious cases\ 18 of a sexual nature, including cases with respect to\ 19 me, specifically, in order to fleece unsuspecting\ 20 investors in South Florida out of millions of\ 21 dollars. 22 BY MR. SCAROLA: 23 Q. What role do you contend L.M. played in that\ 24 conspiracy to create fraudulent cases? 25 A. L.M.'s testimony before she met Mr. [REDACTED] 1 lawyer, you've read the testimony. I would guess\ 2 you've read the difference in her testimony to the\ 3 FBI versus her testimony after she's met your\ 4 client and his partners, who are currently in jail. 5 BY MR. SCAROLA: 6 Q. How does that respond to my question as to\ 7 whether you contend that her testimony to the FBI was\ 8 true or false? 9 MR. PIKE: Form. 10 THE WITNESS: I don't believe that was your\ 11 question. Will you repeat? 12 BY MR. SCAROLA: 13 Q. Okay. Well, let's -- let me rephrase the\ 14 question then. 15 Is it your contention that L.M.'s statement to\ 16 the FBI was true? 17 A. Sir, on advice of Counsel, at least today, I'm\ 18 going to have to assert my Fifth, Sixth and 14th\ 19 Amendment Right. 20 Q. Was L.M.'s statement to the FBI false in any\ 21 respect? 22 A. Sir, at least, again, today, on advice of\ 23 Counsel, I'm going to have to assert my Fifth, Sixth and\ 24 14th Amendment Right. 25 Q. Was L.M.'s subsequent testimony after, 1 was dramatically -- sworn testimony to the FBI was\ 2 dramatically different after she came in contact with\ 3 Mr. [REDACTED], where her testimony then changed to\ 4 sort of a hostile and had claims of -- claims never made\ 5 before, never made to anyone before, and allegations\ 6 that I've read in her Complaint that that had been\ 7 dramatically different from the ones she had spoken to\ 8 the FBI about, sir. 9 Q. Is it your contention that L.M.'s statement to\ 10 the FBI was true? 11 MR. PIKE: Form. 12 THE WITNESS: Mr. Scarola, unfortunately,\ 13 today with respect to that question, I'm going to\ 14 have to assert my Fifth, Sixth and 14th Amendment\ 15 Right. Though I know -- I believe you know the\ 16 answer to that question, I can't answer the\ 17 question under advice of Counsel. And he's told me\ 18 if I chose to do so, I risk losing his\ 19 representation. 20 BY MR. SCAROLA: 21 Q. What is the basis of your belief that I know\ 22 the answer to the question? 23 MR. PIKE: Form. 24 THE WITNESS: You -- I believe you have seen\ 25 this, because you're supposed to be a decent 1 according to you, she met Mr. [REDACTED] and changed her\ 2 testimony, true? 3 A. Did she change her testimony? Is that -- yes,\ 4 her testimony was changed. 5 Q. My question to you is: Was her testimony\ 6 which you contend was changed true testimony? 7 A. Your question is not a good question. Is it\ 8 her testimony before or after? 9 Q. Was the subsequent testimony given by L.M.\ 10 after she met Mr. [REDACTED] which you contend was\ 11 different from her testimony before the FBI, was the\ 12 subsequent testimony true or false? 13 MR. PIKE: Form. 14 THE WITNESS: Sir, I'm going, at least today,\ 15 I'm going to have to assert my Fifth, Sixth and\ 16 14th Amendment Right. 17 BY MR. SCAROLA: 18 Q. Did you ever engage in any sexual conduct with\ 19 L.M.? 20 A. I would like to answer that question, but -- 21 Q. You don't need to tell me what you'd like to\ 22 do, Mr. Epstein. You just need to do it, please. 23 THE WITNESS: Please -- 24 MR. PIKE: Mr. Scarola, please let the witness\ 25 finish his response. 1 MR. SCAROLA: That's not a response to my 1 THE WITNESS: I'd like to answer each and 2 question. 2 every one of your questions here today, 3 MR. PIKE: In your mind it may not be a 3 Mr. Scarola; however, on advice of Counsel, today. 4 response. In a Judge's mind, it may be. We may 4 I'm going to have to assert my Filth, Sixth and 5 have to certify it to the Court. If such a 5 14th Amendment Right. 6 procedure even exists, we can take it up with the 6 BY MR. SCAROLA: 7 Court. But please let the witness finish his 7 Q. Your Complaint in this action alleges that 8 response. 8 L.M. made claims for damages out of proportion to her 9 THE WITNESS: Again, please? 9 alleged damages. What does that mean? 10 BY MR. SCAROLA: 10 A. It means what it says. 11 Q. Did you engage — ever engage in any sexual 11 Q. I don't understand it. Explain it to me. 12 conduct with L.M.? 12 MR. PIKE: To the extent yot4 can answer that 13 A. I would like to answer that question; however, 13 question without disclosingity_clinversations with 14 today I'm going to have to assert my rights as provided 14 you or Mr. Crinon's conversations with you, as 15 by the Fifth, Sixth and 14th Amendment to that question. 15 well as my work armlet:4),mi can answer the 16 sir. 16 question. 17 Q. Have you ever exchanged anything of value with 17 THE : I \`'etdiat as pan of the 18 L.M.? 18 scheme to ra ors in South Florida out of 19 MR. PIKE: Form. 19 millions o claims of outrageous sums of 20 THE WITNESS: At least today, I'M going to 20 . 4 were on behalf of alleged victims across 21 have to assert my Fifth, Sixth and 14th Amendment 21 , And the only way — in fact, Scott 22 Right, sir. 22 ' . , ' ' sits in jail. And what I've read in the 23 BY MR. SCAROLA: 23 aims that I've settled cases for 24 Q. Did you ever direct anyone to deliver anything 24 million, which is totally not true. 25 of value to L.M.? She has made claims of serious sum of money. 1 MR. PIKE: Form. which is outrageous. 2 THE WITNESS: At least today, I'm goi . ivEll 7 2 BY MR. SCAROLA: 3 have to refuse to answer that question . , v 3 Q. How much have you settled claims for? 4 Fifth, Sixth and 14th Amendment. 4 MR. PIKE: I'm going to instruct you not to 5 BY MR. SCAROLA: 5 answer that question. 6 Q. Do you know 6 MR. SCAROLA: And the basis of that 7 A. At least today, sir, I'm going t o 7 instruction is? 10 and 14th AmendmentAiti t. 10 be confidential. B refuse to testify about that q n. Based on advice 8 MR. PIKE: Confidential settlement agreements, 9 of Counsel, I'm going to have my Fifth, Sixth 9 to the extent that they exist. And the terms would 11 Q. Did introduce you to L.M.? 11 BY MR. SCAROLA: 12 A. Sir, lylltplike to answer that 12 Q. Have you settled claims? 13 question t . As id, I'd like to answer each and 13 A. Yes, 1 have. 14 every o dons. However, on advice of my 14 Q. What is the nature of the claims you settled? 15 C m going to have to assert my Fifth, 15 MR. PIKE: I'm going to instruct you not to 16 Sixth • 4th Amendment Right. 16 answer that question. 17 Q. Di. M. suffer any damage as a consequence of 17 BY MR. SCAROLA: 18 any interaction between you and L.M.? 18 Q. How many claims have you settled? 19 MR. PIKE: Form. 19 MR. PIKE: I'm going to instruct you not to 20 THE WITNESS: Could you repeat the question, 20 answer that question as well. 21 please? 21 MR. SCAROLA: What is the basis for those 22 BY MR. SCAROLA: 22 instructions? 23 Q. Did L.M. suffer any damage as a consequence of 23 MR. PIKE: Confidential, as well as there is a 24 any interaction between you and L.M.? 24 Victim's Right Statute that may — you may be 25 MR. PIKE: Form. 25 tiptoeing into the identity of - 1 MR. SCAROLA: I'm not tiptoeing anywhere. 1 answer that question based on my Fifth Amendment, 2 MR. PIKE: Let me finish my objection, 2 Sixth Amendment and 14th Amendment Right. 3 Mr. Scarola. 3 BY MR. SCAROLA: 4 You may be tiptoeing into the identity of 4 Q. Did Brad do anything that he shouldn't 5 various alleged victims underneath the Victims 5 have done that forms the basis of your lawsuit against 6 Right Statute, as well as ongoing investigations or 6 him? 7 past investigations that have remained open with 7 MR. PIKE Form. 8 the State, as well as the Federal Government. 8 THE WITNESS: Yes, many things. 9 So in that regard, we would have to put the 9 BY MR. SCAROLA: 10 State Attorney, as well as the Federal Government 10 Q. List them for me, please. 11 on notice that you were seeking to potentially back 11 A. He has — he has gone to the media out of, I 12 door certain identities at this deposition. 12 believe, in an attempt to gin up t allegations. He 13 BY MR. SCAROLA: 13 has contacted the media. He the media for hi.. 14 Q. Other than having allegedly given different 14 own purposes. He has brougild — he has 15 testimony before she met Mr. then given after 15 engaged in discovery procecdhs that bear no 1 6 she met Mr. IM, did L.M. do anything else that 16 relationship to any filed against me by any of his 17 forms the basis for your claim against her? 17 clients. 18 MR. PIKE: Form. Asked and answered. 18 His 1i is he's the partner of, has been 1 9 THE WITNESS: I'd like to answer that 19 accused off ng a cdcral Judge's signature. 20 question, as well as every one of your questions 20 Q. I want v what Mr. — 21 with respect to L.M. here today; however, on advice 21 IKE: One second. 22 of Counsel, at least today, Mr. Searola, I'm going 22 E TNESS: Excuse me. I'm answering. 23 to have to assert my Sixth Amendment, Fifth 23 B AROLA: 24 Amendment and 14th Amendment Right. 24 want to know what Mr. did. I'm not 25 BY MR\_ SCAROLA: 2 g you about allegations concerning his law firm. 1 Q. Did L.M. fail to do anything that she had an . ) fr., MR. PIKE: Mr. Scarola, that's the second time 2 obligation, duty or responsibility to do — 2 that I'm going to ask you not to interrupt the 3 MR. PIKE: Form. 3 witness when he's giving a response. He is giving 4 BY MR. SCAROLA: 4 a response. When he finishes his response, you can 5 Q. — that fortes the basis for your 5 go on with your next question or you can — you can 6 her? 6 elicit any sort of information you intend to elicit 7 MR. PIKE: I apologize. Form. 7 from the witness. 8 THE WITNESS: Agai m sorry. Has she 8 MR. SCAROLA: He's being unresponsive. 9 failed to do? Can you 9 MR. PIKE: No, that's your contention. 10 BY MR. SCAROLA: 10 MR. SCAROLA: No, that's a fact. 11 Q. Yes, sir. s are generally based, civil 11 MR. PIKE: And you can take it up with a 12 lawsuits are on a claim that someone has 12 Judge. And if we want to continue going back and 13 done cy shouldn't have done or failed 13 forth and bantering, not allowing the witness to 14 to do so y should have done. 14 answer the question — we're here for you today, 17 privilege' refusing to answer that question. 17 witness and interrupt the witness, I will adjourn 15 u whether L.M. did anything that she 15 for you to ask the questions and for you to get 16 shouldn • ye done and you asserted a Fifth Amendment 16 answers. But if you continue to banter with the 18 I'm now attempting to find out whether L.M. 18 the deposition. This is not proper and we 19 failed to do something that she should have done that 19 certainly can take it up with the Judge. So that's 20 forms the basis of your claims against her. 20 the second warning, Mr. Scarola. Please — 21 Did L.M. do anything that she should have done 21 MR. SCAROLA: How many do I get? 22 that forms the basis of your claims against hcr? 22 MR. PIKE: I'm not sure yet today. 23 MR. PIKE: Form. 23 MR. SCAROLA: Okay. 24 THE WITNESS: On advice of Counsel, at least 24 MR. PIKE: Okay? 25 today, Mr. Scarola, I'm going to have to refuse to 25 MR. SCAROLA: Good. Then let's move on. 1 MR. PIKE: But I can tell you one thing: On a 1 witness' testimony as well. 2 professional nature, just because you are 2 BY MR. SCAROLA: 3 interrupting the witness and bantering with me, l 3 Q. Do you understand the question that you're 4 will adjourn the deposition. 4 supposed to be answering? 5 BY MR. SCAROLA: 5 MR. PIKE: Well, let's go ahead and repeat it. 6 Q. Besides having gone to the media in an attempt 6 MR. SCAROLA: No, let's get an — let's get an 7 to, quote, gin up, unquote, thcsc allegations and 7 answer to that question. 8 engaged in what you contend to be irrelevant discovery 8 BY MR. SCAROLA: 10 that forms the basis for this lawsuit? 10 to be answering? 11 A. Mr. MI, personally, engaged with his 11 A. When — 12 partners, Scott Rothstein, who sits in a Federal jail 12 MR. PIKE: I'm confused. ait one second. 13 cell, potentially for the rest of his life, he shared 13 THE WITNESS: Sony 14 information, what I've been told and — excuse me -- 14 MR. PIKE: I'm conf as t question is 15 what I've read in the newspapers, 13 boxes of 15 on the table. 1 6 information that had my name on it, with other attorneys 16 MR. SCARO . your deposition is 17 at his firm. 17 being taken, con is relevant and 18 He counseled his clients to maintain a 18 material. 19 position alleging multi-million dollar damages in order 19 MR. P Ri I. And it's — 20 for them to scam local investors out of millions of 20 MR. S : When Mr. — excuse 21 dollars. 21 — t Mr. Epstein's deposition is being taken. 22 He and his — many of his other partners 22 I • n ed with whether he understands the 23 already under investigation by the FBI and the U.S. 23 being asked. 24 Attorney have been accused by the U.S. Attorney of 24 PIKE Right. So... 25 running a criminal enterprise. 2 R. SCAROLA: 9 proceedings, what else did Mr. personally, do 9 Q. Do you understand the question you're supposed ".. 1 Q. Anything else? 2 MR. PIKE: Form. 2 to be answering, Mr. Epstein? 3 THE WITNESS: Not I can think o 3 MR. PIKE: And I'm going to instruct you not 4 moment. 4 to answer that question right now because as your 5 BY MR. SCAROLA: 5 Counsel I cannot let you answer that question until 6 Q. Okay. What media did Mr go to? 6 I understand what question is on the table. 7 A. I am aware of at least the D ws in New 7 There's been a lot of bantering back and 8 York City. 8 forth, so, Mr. Scarola, if you would respectfully 9 I have been told by o ple that there 9 repeat the question and then you may be able to ask 10 were other media, local medi 10 him whether or not he understands the question. :1 I've been told that the — his investigator 11 But I cannot allow him to answer a question that I :2 was sent to California to harass people representing 12 don't understand is on the table. 13 his — Bra investigator — representing 13 BY MR. SCAROLA: 14 fictitio ntly that he was a FBI agent to 14 Q. What does an investigator going to California 16 Q. that have something to do with going to 16 in an attempt to, quote, gin up, unquote, these 17 the medi 17 allegations? 18 MR. PIKE Form. 18 MR. PIKE: Please answer the question. L 9 THE WITNESS: I've answered your question. 19 THE WITNESS: Good. It's part of Mr. 20 BY MR. SCAROLA: 20 scheme to involve people who have nothing to,:,, 21 Q. Does the investigator going to California to 21 with any of his cases in order to, in fact, go back 22 do something have something to do with the media? 22 to the media and gin up his stories and make false 2 3 A. I believe I've also told that you that he's 23 allegations of people that have sexually charged 24 gone to the Daily News, sir, is that correct? 24 nature cases in order to attempt to fleece 25 MR. PIKE Form. Mischaracterizes the 25 investors, local investors out of millions of Q. Do you understand the question you're supposed 15 try formation for Mr. claims. 15 have to do with Mr. allegedly going to the med Li 1 dollars. 1 A. I don't recall with specificity. 2 His firm has been accused by the U.S. Attorney 2 Q. Well, do you recall in any degree how many 3 of manipulating the media, by hiring investigators. 3 there were? 4 by illegal wire taps, by illegal methods of 4 A. I would say, probably five to ten. 6 generate cases. 6 place that you can't — the identity of whose 7 BY MR. SCAROLA: 7 participants you can't remember? 8 Q. When did Mr. go to the Daily News? 8 MR. PIKE: So we're clear, within the last 9 A. I don't know. 9 year — correct? — timewise? 10 Q. How did he go to the Daily News? 10 MR. SCAROLA: Well, that's what your client 11 A. I don't know. 11 said. I don't believe a word he says, but that's 12 Q. What did he sit, Daily News? 12 what he said. 13 A. I believe Mr. knows that. I don't 13 MR. PIKE: Form. Ob' ti . Overbroad. 14 know exactly what he said. 14 THE WITNESS: s 15 Q. What is the source of your information that he 15 BY MR. SCAROLA: 16 went to the Daily News at all, ever? 16 Q. Yes, sir. Where did these conversations with 17 MR. PIKE: To the extent you can answer that 17 these five to ten place whose identity you 18 question without violating any attorney/client 18 19 privileges, you can answer the questions. 19 MR. P •F 20 THE WITNESS: It's attorney/client 20 THE S: On the telephone. 21 BY MR. SCAROLA: 21 BY ROLA: 22 Q. You said you were told by other people that he 22 initiated the phone calls? 23 went to other media representatives? 23 , these questions, I have no —I don't 24 A. Yes, sir. 24 y recollection. 5 eavesdropping in order to go to the media and 5 Q. Where were you when these conversations took a peoec can't remern . 25 Q. Who are the other people that told you that? 2 Did the people who were on the phone identity - A. I don't recall at the moment. themselves or were these anonymous callers? 2 Q. What did these other who you don' 777 2 MR. PIKE: Form 3 remember tell you Mr. did with res to 3 THE WITNESS: Sitting here today, Mr. Scarola. 4 media representatives besides the Daily N 4 I don't recall with specificity. 5 A. Again, the question again? 5 BY MR. SCAROLA: 6 Q. What did these other people to 6 Q. What specifically did Mr. allegedly 7 Mr. did with respect to going media? 7 communicate to the Daily News to, quote, gin up these 8 MR. PIKE: Form. 8 allegations. unquote? 9 THE WITNESS: Mr. Gent to the media to 9 A. The newspapers have quoted Mr. — not :0 gin up his cases in order that the Rothstein firm 10 quoted Mr. — newspapers have made allegations referred 11 could generate profits, falsely taking in 11 to as Mr. statements. : 2 investors, creating liaise stories to the local 12 MR. SCAROLA: Would you read the question : 3 medias a taking statements to local press 13 back, please, Sandy? :4 reg made by his clients in order 14 (Pending question was read.) :5 stein, who currently sits in jail, 15 MR. PIKE: Did he answer your question? :6 could fraud, along with his other partners of his 16 MR. SCAROLA: No. :7 firm, I I Florida investors, Mr. Scarola, out of 17 Ma PIKE: Are you asking him again? :8 millions of dollars. 18 THE WITNESS: So you're asking the question :9 BY MR. SCAROLA: 19 again? 2- 0 Q. When did these other people whose identity you 20 BY MR. SCAROLA: 21 can't remember tell you these things that Brad 21 Q. Yes. 22 did? 22 THE WITNESS: Sony. Could you repeat the 23 A. Sometime in the past year. 23 question again? 24 Q. How many °the/lily= there who told you 24 (Pending question was read.) 25 these things about Mr. . 25 THE WITNESS: He alleged that third parties 1 had already been involved in some allegations to do 1 of the files and documents that we've requested from mendment and 14th 20 based on cases that didn't exist or alleged cases 20 Sixth 14th Amendment Right to remain 21 that I had settled. 21 sit hat you mean when you use the words "gin 2 with sexual misconduct 2 Mr. and the Rothstein firm are still 3 BY MR. SCAROLA: 3 unavailable. 4 Q. Which third parties? 4 With respect to anything that I can point to 5 A. I don't recall sitting here today. 5 today, I'm, unfortunately, going to have to take the 6 Q. Involved how? 6 Fifth Amendment on that, Sixth and 14th. 7 MR. PIKE: Font 7 Q. You seemed to be defining ginned up as 8 THE WITNESS: If I recall with specificity, if 8 crafted; is that correct? 9 I had the articles in front of me, I would be able 9 A. That's correct. :0 to recall. Maybe next time. 10 Q. Does ginned up or crafted mean fabricated? 11 BY MR. SCAROLA: 11 MR. PIKE: Font 12 Q. What does "gin up these allegations" mean? 1.2 THE WITNESS: I'm sorry, r. Scarola. I 13 MR. PIKE: Form. 13 understand that you arc tryi to k door your 14 THE WITNESS: It means craft allegations of 14 way into a waiver of m t. But 15 multi-million dollar cases; in fact, alleging in 15 respect to that questi mg o have assert 16 L.M.'s case damages of S50-million, settlements in 16 my Fifth 17 order for Scou Rothstein and the rest of 17 Amendment • . 18 Mr. partners to fleece unsuspecting 18 BY MR. SC 19 investors out of millions and millions of dollars 19 Q. So yo a-' !ng your Fifth Amendment. 22 Can I take a break? 22 et is that correct? 23 VIDEOGRAPHER: Going off video record, 10:50. 23 't believe that was your question. 24 (Brief recess.) 24 es, sir, that's exactly my question. 25 VIDEOGRAPHER: We're now on video record at Would you repeat the question for me? 777 1. 10:57 a.m. Q. I want to know whether when you use the phrase 2 BY MR. SCAROLA: n 7 2 "gin up" and the word "crafted," which you have told us 11 have been brought; ginned up, meaning, crafted, 11 Mr. engage in which you contend form the basi. 3 Q. Was your reference to, quote, gin u h 3 is synonymous with gin up, -- 4 allegations, unquote, a reference to alle made 4 A. Yes. 5 against you? 5 Q. — you mean fabricated? 6 MR. PIKE: Form. 6 A. I'm sorry. On advice of Counsel, sir, and 7 THE WITNESS: As part of conspiracy 7 I've answered that question before, but if you didn't 8 of the Rothstein firm an 8 hear me the first time, I must assert my Fifth, Sixth 9 participation in it, it has ed that many 9 and 14th Amendment Right. 10 casts were fraudutently bra ht — alleged that 10 Q. What specific discovery proceedings did 12 multi-mill dollar numbers put on cases in order 12 for your lawsuit? 13 to fleece vest(), where his partner, Scott 13 A. The discovery proceedings of bringing my 14 R ly sits in jail for just those 14 attorneys to various people that had nothing to do with 15 r. Scarola. 15 any of his clients or these lawsuits. 16 BY MR. CAROLA: 16 Q. Which various people? Who? 17 Q. M question to you is: Did the reference to, 17 MR. PIKE: Form. 18 quote, gin up these allegations refer to allegations 18 THE WITNESS: For example, he tried to depose 19 against you? 19 Bill Clinton, strictly as a means of getting 20 A. Reported in the newspaper the answer is, yes. 20 publicity so that he and his fine could 21 And others, but specifically me, yes, by the newspaper 21 fraudulently steal, craft money from unsuspecting 22 reports. 22 investors in South Florida out of millions of 23 Q. Specifically what arc the against 23 dollars. 24 you which you contend Mr. ginned up? 24 BY MR. SCAROLA: 25 A. I would like to answer that question. A, many 25 Q. Who else besides Bill Clinton is included in 1. your reference to various people? 1 Are you now telling us that there were claims 2 A. There arc people in California. There arc 2 against you that were fabricated by Mr. 3 people in New York. 3 A. I'm going to again assert my Fifth, Sixth and 4 Q. Would you name them for us, please? 4 14th Amendment Right, sir. 5 A. I'm sorry. Sitting here today, Mr. Scarola, 5 I would respond that the newspapers are very 6 rm going to have to assert my Fifth Amendment, Sixth 6 clear that the cases were fabricated. 7 Amendment and 14th Amendment Right. 7 Q. Which newspaper said which case was 8 Q. Let's then talk about Bill Clinton, by whom I 8 fabricated? 9 assume you mean Conner President Clinton; is that 9 A. Bob Norman's blog said most of the cases were 10 correct? 10 fabricated, to my best recollection. 11 A. That's correct. 11 The Scherer Complaint alleged many fabricated 12 Q. All right. Do you know former President 12 cases, sir. 13 Clinton personally? 13 Q. Well, which of Mr. cases do you 14 A. I'm sorry. As I sit here today, though I'd 14 contend were fabricated? 15 like to answer that question, on advice of my Counsel, 15 A. Again, we've •= fthc — 1 6 at least today, I'm going to have to take the Fifth. 16 information from trustee. We've been 17 Sixth and 14th Amendment. 17 unable — Mr. has given us the total file, 18 Q. You said something about Mr. sharing 18 but aspect to I would have — at the 19 13 boxes of information with somebody -- 19 moment I wo d hay- to assert my Fifth, Sixth and 14th 20 A. Yes. 20 Amendment c r. 21 Q. — as forming part of the basis for your 21 u will not answer questions about whether 22 lawsuit against Mr. correct? 22 c • half of L.M. was fabricated; is that 23 A. Correct. 23 24 Q. All right. With whom did Mr. 24 believe I've already answered that, but, if 25 these 13 boxes of information? 2 rit have to assert my Fifth, Sixth and 14th 1 A. It has been reported in the Scherer Complaint 1 Amendment Right. sir. 2 that he shared those boxes with the partners of If 2 Q. Your Complaint also makes reference to a claim 3 that was then formally accused by the U.S. A 3 on behalf of Jane Doe, referred to as Jane Doe versus 5 MR. PIKE: And just for pu — ) 5 United States District Court for the Southern District 6 BY MR. SCAROLA: 6 of Florida. 7 Q. Do you remember my question 7 Is it your contention that the claim on behalf 8 A. You asked me who he it with? 8 of lane Doe is a fabricated claim? 9 Q. Yes. 9 A. Sr, though I'd like to answer that question, 10 A. The partners o fur, . 10 as well as every one of your other questions here today. 11 Q. Ogr o l the basis of your lawsuit is 11 today Iln going to have to assert my rights as under the 12 that Mr. allo''ed members of his own law firm to 12 Constitution of the Fifth, Sixth and 14th Amendment. 13 see 13 =formation; is that correct? 13 Q. Do you know the real name of the person 14 A. No, that's not correct. My claim is that the 14 referred to as Jane Doe in that case? 15 13 boxes ofinfonnation that were shown to investors by 15 A. I don't know which — I'm sorry, sir. I do 16 Mr. partners, 13 boxes that we've been told by 16 not, sitting here today. 17 the press c tain multiple cases, fraudulently — and if 17 Q. Did you ever have personal contact with the 18 you like the word — fabricated in order to fleece 18 person referred to by the name Jane Doe in that lawsuit? 19 20 investors out of smo eni. The 13 boxes were shared with investors, Mr. Mr. partners and some 21 of those partners currently under inditement, the others 21 Right. 22 already sitting in jail. 22 Q. When did you first meet the person referred to 23 Q. I had asked you earlier whether ginned up and 23 as Jane Doe? 24 crafted meant fabricated and you asserted your Fifth 24 A. Sir, though I'd like to answer each and every 25 Amendment privilege. 25 one of your questions here today, at least with respect 4 sir, of being a criminal enterprise. 4 Epstein, case number 08-C1V-80893, a case pending in the 19 20 A. I'm sorry, sir. Sitting here today, I'm going to have to assert my Fifth, Sixth and 14th Amendment 1 to that question, I'm going to have to assert my rights\ 2 under the Sixth Amendment, 14th Amendment and Fifth\ 3 Amendment. 4 Q. Where did you first meet the person referred\ 5 to as Jane Doe? 6 A. Sir, though I'd like to answer that question\ 7 here today, at least today on advice of Counsel, I'm\ 8 going to have to assert my Fifth Amendment, Sixth\ 9 Amendment and 14th Amendment Right. 10 Q. How many times have you been in the physical\ 11 presence of the person referred to as Jane Doe? 12 A. The person referred to as Jane Doe? 13 Q. Yeah. How many times have you been in her\ 14 physical presence? 15 MR. PIKE: Form. 16 THE WITNESS: At least -- at least sitting\ 17 here today, Mr. Scarola, I'm going to have to\ 18 assert my Fifth Amendment, Sixth Amendment and 14th\ 19 Amendment Right. 20 BY MR. SCAROLA: 21 Q. Did you ever have any physical contact with\ 22 Jane Doe? 23 MR. PIKE: Form. 24 THE WITNESS: Now, for this purposes, you're\ 25 assuming this Jane Doe is somebody I know? I don't 1 think so, since this question makes no sense to me.\ 2 BY MR. SCAROLA: 3 Q. You have alleged in your Complaint that there\ 4 is a claim on behalf of Jane Doe versus Epstein pending\ 5 in the Federal District Court of the Southern District\ 6 of Florida. 7 I would like to know whether you ever had any\ 8 physical contact with the person referred to as Jane Doe\ 9 in that Complaint? 10 A. Ah, that Jane Doe. I'm sorry. But sitting\ 11 here today, Mr. Scarola, I'm going to have to refuse to\ 12 answer that question based on the Fifth Amendment, Sixth\ 13 Amendment and 14th Amendment. 14 Q. Did you ever exchange any money or gifts with\ 15 Jane Doe? 16 A. Again, Mr. Scarola, sitting here today, I'm\ 17 going to have to on advice of Counsel assert my Sixth\ 18 Amendment, Fifth Amendment and 14th Amendment Right. 19 Q. Your Complaint makes reference to a case\ 20 styled, E.W. versus Epstein, case number\ 21 502008CA028058XXXXXMBAB, a case pending in the Circuit\ 22 Court of Palm Beach County, Florida. 23 Do you know who E.W. is? 24 A. Sitting here today, Mr. Scarola, I'm going to\ 25 have to assert my rights as under the Fifth, Sixth and 1 14th Amendment. 2 Q. Have you ever learned the real name of E.W.?\ 3 A. Yes, sir. 4 Q. Did that person whose real name you learned\ 5 ever spend any time in your physical presence? 6 A. Sir, at least sitting here today, I would like\ 7 to answer each and every one of your questions regarding\ 8 your E.W. and -- are we not allowed to use the names of\ 9 these people, sir? 10 MR. PIKE: In the past -- in the past cases\ 11 the names of these individuals have been utilized\ 12 for deposition purposes. 13 Brad [REDACTED], sitting here today, knows that\ 14 we have used; however, any documents that are filed\ 15 with the Court will redact those names. 16 So the answer to the question is, yes, for\ 17 purposes of this deposition, to the extent you know\ 18 the names of individuals, you can utilize them with\ 19 agreement of Mr. [REDACTED]. 20 MR. \[REDACTED\]: I have no problem with that. 21 THE WITNESS: I think to avoid confusion, so\ 22 there's not -- I know who you're talking about.\ 23 That's all. 24 BY MR. SCAROLA: 25 Q. What is the real name of the person referred 1 to as E.W.? 2 A. I believe it is E.W. 3 Q. How long have you known E.W.? 4 A. Well, with respect to that question,\ 5 Mr. Scarola, I'm going to have to assert my Fifth, Sixth\ 6 and 14th Amendment Rights, though I'd like to answer\ 7 every, single question you have about E.W. 8 Q. How many times have you been in the physical\ 9 presence of E.W.? 10 A. I'd like to answer every question about E.W.\ 11 that you have today, Mr. Scarola; however, on advice of\ 12 Counsel, I'm going to have to assert my Fifth, Sixth and\ 13 14th Amendment Right. 14 Q. How old is E.W.? 15 A. I don't know. 16 Q. How old was she when you met her? 17 A. Mr. Scarola, I'm going to have to assert my\ 18 rights under the Fifth, Sixth and 14th Amendment on\ 19 advice of Counsel, though I would like to answer every\ 20 one of these questions. 21 Q. Did you ever have any physical contact with\ 22 E.W.? 23 A. Mr. Scarola, once again, I would like to\ 24 answer each one of your questions here today, but on\ 25 advice of Counsel I'm going to have to assert my Fifth, 1 Sixth and 14th Amendment Right. 1 the course of this deposition, which you allege fonn the 2 Q. Did you ever exchange any money or gifts with 2 basis for your claim against Mr. 3 E.W.? 3 Is it your contention that among those thing, 4 A. Sir, I'd like to answer every question you 4 Mr. did that forth the basis for your lawsuit is 5 have about E.W.; however, today, on advice of Counsel 5 to have counseled his clients to make multi-million 6 I'm going to have to assert my Fifth, sixth and 14th 6 dollar claims against you? 7 Amendment Right 7 MR. PIKE: Fonn. 9 delivered to E.W.? 9 that the claims purported to have been made by the 10 A. Mr. Scarola, as I've answered most of your 10 Rothstein firm and its partners allege 11 questions here today regarding E.W., I would like to 11 multi-million dollar claims where no claims exist. 12 answer every question regarding E.W.; however, today, on 12 However, i t specifically my claim 13 advice of Counsel, I'm going to have to assert my Fifth, 13 today, I'm going to have as ifth, Sixth and 14 Sixth and 14th Amendment Right because though I would 14 14th Amendment Right. 15 choose to do so, I've been told that if I do so, I risk 15 MR. PIKE: Also, th on nuscharacterizes 16 losing my Counsel's representation. 16 the witness' t 17 Q. What is the actual value that you contend the 17 BY MR. SCAROL 19 MR. PIKE: Form. Relevance. 19 initiated litigation against you? 20 THE WITNESS: Sir, though I'd like to answer 20 A. I uld like Micnow the answer to that 21 every question about E.W. and her claims and the 21 qu 22 claims of your other people, on advice of Counsel 22 . answer to that question is, I don't 23 here today, I cannot do so. 1 must assert my 23 24 rights under the Sixth, Fifth and 14th Amendment. 24 would like — 25 BY MR. SCAROLA: . Correct? 8 Q. Did you ever cause any money or gifts to be 8 11lE WITNESS: What the newspapers have said is 18 claim of E.W. against you has? 18 Q. By whom was employed when he 1 Q. Would your answer be the same with regard to 2 L.M. and to Jane Doc? 2 like to know. 3 4 MR. PIKE: I'm going to instruct you answer is the same, to invoke in full. S THE WITNESS: With respect ant 5 employed at the time that he initiated litigation 8 Q. L.M. 8 question, sir. 9 A. L.M. Though I'd like r your claims 9 Q. Among the allegations of wrongdoing against 10 with icspy,t to all f Mr. clients, on 10 Mr. which you contend form the basis of this 11 advice of Counsel t t today, I'm going to have to 11 lawsuit is something having to do with sending an 12 invoke my Fi th 4th Amendment Rights. 12 investigator to California. 13 Though I'd swer the question, I've been told 13 Would you tell rte, p\*lease, more specifically 14 that if I I risk losing their 14 what it is that Mr. did with regard to sending 15 15 an investigator to California which you contend 16 Q. those items listed by you as wrongdoing 16 justifies a legal claim against Mr. 17 on the of Mr. foming the basis for this 17 MIL PIKE: Form. And also mischaracteriyes 18 lawsuit is that he, quote, counseled his clients to make 18 the witness' testimony. 19 multi-million dollar claims against you; is that 19 THE WITNESS: Reported widely in the 20 correct? 20 newspapers is the use of illegal activities, wire 21 MR. PIKE: Form. Document speaks for itself. 21 taps, and methods by the Rothstein firm while 22 THE WITNESS: Document speaks for itself. 22 Mr. had basically been bringing these 23 BY MR. SCAROLA: 23 casts. 24 Q. I'm not asking about a document I'm asking 24 The investigator, Mr. Piston, who's mentioned 25 you about the list of wrongdoing that you gave us during 25 in the Complaint, represented himself as an FBI isr, Page 1 A. No. I answered that question, which is, I'd 3 4 Q. Yes. But that isn't an answer to myita.n. My question is: By whom was Mr. 6 Doc — and who is the other perso 6 against you? Do you know the answer to that question'? 7 BY MR. SCAROLA: 7 A. I'd have no way of knowing the answer to that 1 agent, falsely represented himself as an FBI agent. 1 methods. Mr. Sakowitz, who was approached as an 2 BY MR. SCAROLA: 2 investor, and Mr. Scherer, who's filed a Complaint, 3 Q. Do you have any personal knowledge of anything 3 alleges similar activities. But personal knowledge 4 that Mr. Fisten did while Mr. Fisten was in California? 4 myself, sir, no. 5 MR. PIKE: To the extent that you can answer 5 Q. Do you have any personal knowledge that 6 that question without disclosing my conversation or 6 was ever involved in obstructions of 7 my firm's conversation or any of your attorneys' 7 justice? 8 conversations with you, you can answer the 8 MR. PIKE: To the extent that you can answer 9 question. 9 that question without disclosing any 10 THE WITNESS: I'm sorry. Based on 10 attorney/client communications with any of your 11 attomey/client privilege, I can't answer. 11 attorneys, you can answer that question. 12 BY MR. SCAROLA: 12 THE WITNESS: It's attom client privilege, 13 Q. Is it your contention that Mr. was 13 Pm afraid. 14 involved in an illegal wire tap? 14 BY MR. SCAROLA: 15 A. It was widely reported in the newspaper -- 15 Q. Do you have any I knowledge that 16 Q. Pm not asking it was reported -- 16 w ' in any actionable 17 A. Excuse me. 17 frauds? 18 Q. — in the newspaper. 18 MR. P : me instruction, with any 19 A. Excuse mc. 19 of your la as. 20 Q. I want to know whether your contention is that 20 : Yes. Outside of the newspaper,. 21 Mr. was involved in an illegal wire tap. 21 ich excused his firm of a monstrous fraud. 22 MR. PIKE: Try once again to answer that 22 to be the largest fraud in South 23 question. 23 s history, accused by the U.S. Attorney 24 THE WITNESS: It's been widely reported in the 24 re his partner sits in jail — excuse me — 25 newspaper that his firm and his partners were ported in the newspapers of boxes of material on Page 5 1 involved in illegal wire taps, eavesdropping, hired Jeffrey Epstein, separate and apart from the 2 former FBI and law enforcement officials in 7 2 allegations of fraud by his partners, I cannot 3 to fabricate cases of a sexually charged na 3 answer that question because of attorney/client 4 against me and others. 4 privilege. 5 BY MR. SCAROLA: 5 BY MR. SCAROLA: 6 Q. Do you have any personal ledge 1 6 Q. Do you have any personal knowledge that 7 Mr. ever having engaged in a I wire tap? 7 was involved in any egregious civil 8 A. I have no personal kn e; however, what I 8 litigation abuses? 9 read in the newspapers and is ' posed is that 9 MR. PIKE: Form. Confusing. 10 his rum, and I believ Sako ' went to the FBI 10 THE WITNESS: It's widely reported in the 11 after he was told tinn was engaged in illegal 11 newspaper that Mr. MI' firm engaged in 12 wire taps and Ili e engaged in illegal wire 12 discovery processes, illegal activities, illegal 13 taps. 13 eavesdropping in order to fleece unsuspecting 14 The FBI. the U. . Attorney has accused his 14 investors in South Florida out of millions in 15 firm of RICO, being the largest criminal fraud 15 dollars by crafting, fabricating malicious cases of 16 enterprise in South Florida's history and engaged in 16 a sexually charged nature in order to perpetrate a 17 illegal wire taps. But the answer specifically to your 17 fraud. 18 question about personal knowledge, sir, no. 18 BY MR. SCAROLA: 19 Q. Do you have any personal knowledge of 19 Dic.tave any personal knowledge that 20 Mr. ever having been involved in any illegal or 20 21 improper eavesdropping? 21 Opinions? 22 A. It's been widely reported in the newspapers in 22 A. It's attorney/client privilege. 23 South Florida that Mr. firm, his partners were 23 any personal knowledge that 24 involved in illegal wire taps, illegal fact gathering, 24 25 using what the newspapers quoted as sophisticated 25 non-existing Epstein settlements? ) fr.. Page . ... ever forged Federal Court Orders ands o: ..Di.ltave was ever involved in the marketing of 1. MR. PIKE: Same instruction. 1 justice systems in South Florida? 2 THE WITNESS: Fm sorry. I would like to 2 MR. PIKE: Form. 3 answer that question, but on attorney/client 3 Same instruction with regard to 4 privilege I cannot today. 4 attorney/client. 5 BY MR. SCAROLA: 5 THE WITNESS: Yes. Arc you suggesting that 6 Q. It is alleged in your Complaint that you were 6 anyone who told me specifically or things that I 7 subject to, quote, abusive investigatory tactics. 7 might have read that specifically relate to him, is 8 Other than those matters previously referred 8 not what you've been asking me for? 9 to in carliesinegions, is it your contention that 9 BY MR. SCAROLA: 1 0 had any personal involvement in any 10 Q. Yes, sir, that's exactly right. 11 other, quote, abusive investigatory tactics? 11 A. You told me if I hear something, that's not 12 MR. PIKE: Form. 12 personal knowledge. 13 THE WITNESS: It's been widely reported in the 13 Q. Not if you hear it from y else. 14 newspapers that Mr. firm was engaged in 14 A. Who else would I t ides 15 widely — wildly abusive practices throughout the 15 somebody else, sir? 16 State of Florida in order to fleece unsuspecting 16 Q. Well, if you ly yourself. 17 investors out of millions of dollars. 17 A. From who? 18 The U.S. Attorney's Complaint alleges his firm 18 Q. Ma 19 engaged in a corrupt criminal enterprise. 19 A. Uh-h Is t19t the only person, sir? 20 Mr. Schemes Complaint alleges monstrous 20 Q. That's person, that's correct. 21 amounts of fraud and discovery abuse. 21 . If it's the only person, separate from 22 I have no personal knowledge, separate from 22 • /cli t privilege, I cannot answer that. 24 regarding Mr. 24 ' is lawsuit to, quote, "vindicate the 25 BY MR. SCAROLA: 2 orking and honest lawyers and their clients who 23 the attorney/client information, 23 . Complaint makes reference to a purpose i n Q. Do you have any personal knowledge that 2 ever filed legal papers that w 7 2 subject of this Complaint," unquote. 4 MR. PUCE: I'm going to object to foA 4 that you are seeking to vindicate? 5 And to the extent you can answ that 1 5 MR. PIKE: Fonn. 7 communications with any of your a I'm 7 arc you referring to? 8 going to allow you to an t question. 8 MR. SCAROLA: Page 2. 9 THE WITNESS: I'm a n ttomey/client 9 MR. PIKE: Give me one second. 10 privilege. 10 THE WITNESS: Can we go off the record just 11 BY MR. SCARO : 11 fora second? 12 Do y nal knowledge that 12 MR. PIKE: If it's okay with Mr. -- 13 Mr. involved in any conduct that, 13 THE WITNESS: It's a bathroom break. 14 quote, c core values of both State and 14 MR. PIKE: There's a question pending and 15 F • tents in South Florida? 15 usually — 16 PIKE: Form. 16 THE WITNESS: Sorry. 17 THE 5: Can you just ask — can you 17 MR. PIKE: Just give me a second. 18 define for me what you mean by "personal 18 Okay. 19 knowledge," sill 19 THE WITNESS: Where is it? 20 BY MR. SCAROLA: 20 MR. PIKE: It's page 2 of the Complaint, which 21 Q. Yes. Did you ever set, hear, smell, taste, or 21 has my notes on it down here, the last sentence. 22 touch anything that communicated to you directly and not 22 And to the extent that you have knowledge and 23 diroui report of some third person or newspaper can answer that question, you can do so. 24 .itIte that 25 compromising the core values of both State and Federal 25 for me, sir? 14. v, Page 5' were adversely affected by the misconduct that is the 3 unsupportable? 3 Who are those hardworking and honest lawyers 6 without disclosing any attomey/cli t 6 Give me a minute. What page of the Complaint 23 was personally involved in 24 THE WITNESS: Could you repeat the question 1 BY MR. SCAROLA: so that the Court can make a determination as to 2 Q. Yes, sir. Your Complaint makes reference to a 2 whether I am entitled to see it. 3 purpose in filing this lawsuit — 3 MR. PIKE: I would object based upon 4 A. Yes. 4 attorney/client and work product in that regard. 6 lawyers and their clients who were adversely affected by 6 break? 7 the misconduct that is the subject of this Complaint. 7 MR. SCAROLA: No, sir, because you still 8 A. Yes, sir. 8 haven't answered my question. 9 Q. Who are those hardworking and honest lawyers 9 THE WITNESS: Okay. 10 on whose behalf you are bringing this Complaint? 10 BY MR. SCAROLA: I I MR. PIKE: Okay. Form. Mischaracterizes the 11 Q. I want to know who the, quote, "hardworking 12 Complaint itself. 12 and honest lawyers" are that are erred to in that 13 To the extent you understand that question, 13 section of your Complaint. 1 4 you can attempt to answer, if you recall. 14 A. My attomcys, at I t. 15 THE WITNESS: Yes. 15 Q. Which ones? 16 The U.S. Attorney, sir, has accused the 16 A. All of th 17 Rothstein firm of misusing the entire legal system, 17 Q. And yo that u t to vindicate the 18 a level of abuse never seen before in the United 18 hardworking wyers and their clients? 19 States history, of forging documents, an affront to 19 A. That' 20 any decent lawyer, signing Judges Orders, sending 20 Q. Which s? 21 false statements to other lawyers. The people who 21 me of the other clients, in fact, abused 22 have been — excuse me — the Complaint by the U.S. 22 Win firm. I don't know the full extent. 23 Attorney, in fact, describes the behavior of the 23 H u when we get to trial, we're going to find out 24 law firm, as well as Mr. — my Complaint says. 24 ent of the people, the lawyers, the clients that 25 Mr. being a part of that. abused by Mr. and the Rothstein limn. 5 Q. — to vindicate the hardworking and honest 5 THE WITNESS: Now can we take a bathroom I BY MR. SCAROLA: We have asked for Scott Rothstein's 2 Q. Now, before you answered that question, 9 3 reviewed a document, right? 3 give us some insight on how other lawyers have, in fact. 5 Q. Pd like to sec it, please. 5 forging a Federal Judge's signature, sir. 6 MR. PIKE: Definitely not, Mr. 6 Q. Now, was it your intention in this sentence to 7 My notes are on that and that's 7 say that you were trying to vindicate the hardworking 8 attorney/client. I allowed fitness to take a 8 and honest lawyers and their clients? 9 look at the document and h write anything 9 A. It's attorney/client. I'm sorry. 10 on the document, caked the document. 10 Q. Your intention is attorney/client privileged? 1 1 That's my clien you will certainly not be 11 MR. PIKE: Form. I'm not quite -- 12 looking at are all over this 12 BY MR. SCAROLA: 13 document. 13 Q. Is that what you're telling us? 14 M : He didn't look at everything. 14 MR. PIKE: Wait a second. I'm not quite sure 15 one page. I would like that one page• 15 I understand the question. 16 p 16 THE WITNESS: What's the question? 17 MR. BCE: Absolutely not, Mr. Scarola. 17 BY MR. SCAROLA: 18 MR. SCAROLA: I would like that page marked as 18 Q. Were you attempting to communicate in this 19 an Exhibit to this deposition. 19 Complaint a desire on your part to vindicate hardworking 20 MR. PIKE: Absolutely not, Mr. Scarola. 20 and honest lawyers and their clients? 21 MR. SCAROLA: I would state for the record 21 MR. PIKE: Form. 22 that it is my intention, since that page with 22 THE WITNESS: In this Complaint, I intend to 23 handwritten notations on it was reviewed by the 23 get to the truth of Mr. behavior and the 24 witness during the course of this deposition while 24 Rothstein firm, sir. 25 a question was pending, I want that page preserved 25 BY MR. SCAROLA: deposition. We hopefully will get it. Maybe he will 4 A. The Complaint, sir. 4 been handled and the abuses they've undergone, includnig 1 2 3 Q. Well, what this sentence says is, quote, — A. Yes. Q. -- "the Rothstein racketeering enterprise 4 endeavored to compromise the core values of both State 4 Q. Is that what you meant to say? 5 and Federal systems in South Florida and to vindicate 5 A. What I meant to say, it is — seems to me 6 the hardworking and honest lawyers and their clients who 6 somewhat unclear — is that the Rothstein firm, along 7 were adversely affected by the misconduct that is the 7 with Mr. is part of a criminal enterprise, the 1 2 the misconduct that is the subject of this Complaint? 3 8 subject of this Complaint." 8 largest -- excuse me — the largest criminal enterprise BY MR. SCAROLA: 9 Is that what you meant to communicate? 9 in South Florida's history, forging Judges' signatures, 10 A. It says what it says, sir. 10 engaging in illegal wire taps, illegal behaviors. And 11 Q. Well, I know it says what it says. I'm trying 11 part of this lawsuit should vindicate, which means, I 12 to find out if that's what you meant to say; that is, 12 believe should set right. 13 that the Rothstein racketeering enterprise endeavored to 13 And if it's not clear, the Roth ein firm 14 vindicate the hardworking and honest lawyers and their 14 compromised the core values of our legal justice system. 15 clients who were adversely affected by the misconduct 15 It abused every — many of theprecepts, the most basic 16 that is the subject of this Complaint. 16 values of the American justichustcm. 17 MR. PIKE: Form. Mischaracterizes the 17 And, in fact, I believer this lawsuit, part of 18 language of the document. 18 the reason for filing this lawsuit, it will disclose the 19 THE WITNESS: Yeah, I think you've misread 19 various techniques °I-attorney/client privilege, abuse 20 that again. You want to — I certainly didn't ask 20 of technique. abuse of discovery, illegal ait l 21 fun, 22 what you've just -- 22 wire for the Rothstein to vindicate the lawyers, is 21 fo si tures engaged in by both Mr. and 23 BY MR. SCAROLA: 23 ts your contention that Mr. was 24 Q. Well, that's what fm trying to find out, 24 a criminal enterprise? 25 whether you meant to say what you said in this 2 Yes, it is. 1 Complaint. Q. Knowingly part of a criminal enterprise? 2 Did you read the Complaint before it was MR. PIKE: Form. 3 filed? 3 THE WITNESS: Attorney/client privilege. 4 MR. PIKE: Form. Move to strike. 4 MR. SCAROLA: You wanted to take a break and 5 THE WITNESS: Thank you, sits - ) 5 before I move on to another subject, we'll do that. 6 BY MR. SCAROLA: 6 But I want — I want to observe for the record that 7 Q. Did you read the Complaint before it %lot. 7 the last break was less than an hour ago. While I B filed? 8 want to try to make reasonable accommodations to 9 A. It was a while ago, yes 9 witnesses so as not to impose unnecessarily upon 12 A. Yes, si 12 the cause of this deposition. 10 Q. And did you>JpQrove mplaint prior to its 10 their physical comfort, I will object to breaks 11 filing? 11 occurring at less than one-how intervals during 13 Q. i i - to say what this sentence 13 VIDEOGRAPHER: We' re now off video record. I. 14 says," si 4I ••t homing enterprise endeavored 14 is 11:34 a.m. 15 to rdworking and honest lawyers and 15 (Brief recess.) 16 their cli who were adversely affected by the 16 VIDEOGRAPHER: We are now back on video 17 miscondu that is the subject of this Complaint?" 17 record. It is I I :45 a.m. and we are on media 18 MR. PIKE: Okay. I'm going to move to strike. 18 number two. 19 Mischaracterizes the language of the document. 19 BY MR. SCAROLA: 20 The document reads as follows, for purposes of 20 Q. What knowledge do you have of Brad 21 the record: "The Rothstein racketeering enterprise 21 ever having personally engaged in mail fraud? 22 endeavored to compromise the core values of both 22 A. It's been widely reported in the press — 23 State and Federal justice systems in South Florida 23 Q. I'm going to withdraw my question. 24 and to vindicate the hardworking and honest lawyers 24 What personal knowledge do you have of 25 and their clients who were adversely affected by 25 ever having been engaged in any mail fraud? 1 A. Will you describe what you mean by "personal 1 can answer it without violating attorney/client and 2 knowledge," sir? 2 work product, you can answer the question. 3 Q. I mean direct observation through your senses 3 THE WITNESS: I'm afraid it will be 4 on your part. 4 attorney/client privilege, sir. 5 A. So arc you asking me whether or not I've 5 BY MR. SCAROLA: 8 Q. I'm asking whether you have ever personally 8 in any effort to market any kind of investment in 9 witnessed ever having engaged in mail 9 anything? 10 fraud. 10 A. I would have to claim attorney/client 11 A. I'm not sure how thats possible for anybody 11 privilege on that. sir. 12 to witness a mail fraud, so would you inform me how it's 12 MR. PIKE: Form. 13 done? 13 BY MR. SCAROLA: 19 Q. So the answer to my question is, you don't 14 Q. Do you have knowl c o a vidence 15 know; is that correct? 15 whatsoever that Mr. as ever a participant in 16 A. My answer to your question is — 16 devising a plan thro rc sold purported 17 MR. PIKE: Form. Mischaracterizcs the 17 confidential asst nts o Cured payout 18 witnese testimony. 18 settlement? 20 BY MR. SCAROLA: 20 that Mr. crafted -- would you repeat the 21 Q. Have you ever personally witnessed 21 qu on, again, sir? I'm sorry. 22 engaging in mail fraud? 22 4. Yes r. I want to know whether you have any 25 BY MR. SCAROLA: 2 purported confidential assignments of a structured 6 witnessed him sending something directly, putting 6 Q. Do you have any evidence — knowledge of any 7 physically in the mail, sir? 7 evidence whatsoever that Mr. ever participated 19 THE WITNESS: I've asked for a clarification. 19 A. The and blogs have widely reported 23 MR. PIKE: Form. 23 k of evidence that personal I:. 24 THE WITNESS: No, sir. 24 r rticipated in devising a plan through which were 777 2 Q. Have you ever personally witnessed Edward — engaged in wire fraud? S engaging in wire fraud, unless they we i t g 5 his firm was engaged in fraudulent structured 7 unfortunately, I would have to say, no, 7 investors. 8 Q. Have you ever perso witnessed 8 With respect to my personal knowledge. I'm 10 MR. PIKE: Fo 10 to at some point being able to disclose it, today 11 THE WITH gain, sir, the U.S. Attorney's 11 I'm going to have to assert the attorney/client 12 Complaint oth n firm alleges money 12 privilege. 13 launderin wire ud, mail fraud, RICO claims of 13 BY MR. SCAROLA: 14 Mr. ers and his firm, calling the 14 Q. Your Complaint alleges that Rothstein and 16 Flori history, accused of fabricating malicious 16 Who are the others referred to in the 17 cases, si, of a sexually charged nature in order 17 Complaint? 19 millions of dollars. 19 Complaint, from Mr. Scherer's Complaint, it is the 20 BY MR. SCAROLA: 20 partners and people who held themselves out to be 21 Q. And I'm trying to find out, Mr. Epstein, 21 partners of the Roth — Scott Rothstein, including 23 Mr. ever personally participated in any of that 23 associated with the firm like Mr. Fisten, Diane 24 wrongdoing? 24 if that's how you pronounce her name, 25 MR. PIKE: To that question, to the extent you 25 Adler. and many of the other partners of his firm payout settlement? MR. PIKE: Form. 3 A. How would one — Pm not sure how 3 THE WITNESS: I'd like to answer that question 4 personal — have personal knowledge, wit 4 by saying that the newspapers have reported that 6 over their computer looking at their acco s. So. 6 settlements in order to fleece unsuspecting Florida 9 engaged in money la 9 unfortunately going to, today, but I look forward 15 ft st criminal enterprise in South 15 others in RRA were using RRA to market investments. 18 to fleece unsuspecting South Floridians out of 18 A. From my understanding of the U.S. Attorney's 22 whether you have any evidence whatsoever that 22 Mr. Berger, Mr. Adler, Mr. and other people 1 currently under investigation by either the Florida Bar 1 advice of Counsel rm going to have to assert my Fifth, 2 or the U.S. Attorney or FBI or all of the above, sir. 2 Sixth and 14th Amendment, sir. 3 Q. Which — which source of information 3 Q. Okay. Well, rm not limiting my question to 4 referenced in that answer specifically made reference to 4 the three cases referenced in your Complaint. I want to 5 Mr. 5 know whether you contend that any claim against you has 6 A. I don't recall, sir. 6 been fabricated? 7 Q. But you do have a recollection that one or 7 MR. PIKE: Form. Overbroad and confusing and 8 more of them did; is that correct? 8 it's compound. 9 A. I don't recall, sir. 9 THE WITNESS: The question makes no sense to 10 Q. So you want to withdraw the earlier response 10 me. rm sure you could do better. 11 that you made and your real answer is, I don't know; is 11 BY MR. SCAROLA: 12 that correct? 12 Q. Is there any pending claim inst you which 13 MR. PIKE: Mischaracterizes the witness 13 you contend is fabricated? 14 testimony. Move to strike. 14 A. At least today, sir, I mg c to 15 BY MR. SCAROLA: 15 respond by asserting my Fl th and 14th Amendment 17 A. My answer stays the same, sir. 17 MR. PIKE: Fe. 16 Q. Your response, sir? 16 Right. 18 Q. Is it your contention that one or more 19 lawsuits was fabricated against you? 18 BY MR. SCyA ortA 19 Q. Is it contention that was 20 A. It's been widely reported in the newspapers -- 20 ever personally involved in manufacturing false and/or 21 Q. That's not my question. 21 fraudulent Court Opinions or Orders? 22 A. Excuse me. I was answering. 22 A. Attorney/client privilege. 23 MR. PIKE: Please let the witness answer the 23 Q. Your Complaint makes reference to someone 24 question, Mr. Scarola. 24 s 'Jig through a potential defendant's garbage looking 25 BY MR. SCAROLA: r damaging evidence to use with investors to show him Q. No, you're not answering my question. ' 14)1 3 don't know whether he's answering your 3 Mr. Scarola, what page? 4 not. 4 MR. SCAROLA: Page 8, paragraph 19. potential defendants could be, in essence, blackmailed. 2 MR. PIKE: He's only said three words, so 2 MR. PIKE: Would you identify for me, 5 MR. SCAROLA: I didn't ask ut 5 BY MR. SCAROLA: 6 newspapers. I asked him about If nteni I 6 Q. Did anyone ever sift through your garbage 7 don't know he's not answering my 7 looking for damaging evidence? 8 BY MR. SCAROLA: 8 MR. PIKE: One second. 9 Q. But you can go ahead, cin, and you can 9 In light of clarity, Mr. Scarola, would you 10 make your silly s no 10 please read the entire paragraph so Mr. Epstein 11 MR. PIKE: ing to move to strike. 11 understands the tenor of the paragraph? 12 THE want to repeat the question? 12 MR. SCAROLA: No. I want to know whether 13 BY MR. SC 13 anyone ever sifted through Mr. garbage -- 14 Q. Y Id like to know whether it is 14 through Mr. Epstein's garbage. That's the pending 15 your that one or more lawsuits have been 15 question. 16 fabrics inst you. 16 MR. PIKE: To the extent you understand the 17 A. My ontention, sir, is that the firm of 17 question, you can answer. 18 partners, Scott Rothstein, fabricated many 18 THE WITNESS: I think the question is poorly 19 cases, reported by the press and the U.S. Attorney, 19 phrased. Did anyone ever sift through my garbage? 20 amongst people like me and others of a sexually charged 20 What does that mean? 21 nature in order to fleece investors of South Florida out 21 BY MR. SCAROLA: 22 of millions of dollars. 22 Q. You don't know what sifting through garbage 23 Do I have a — with respect to my individual 23 means? 24 cases that Mr. has filed in these three cases, 24 A. Does that mean the garbage man? Does that 25 rm unfortunately today, and only today at least, on 25 include the garbage man? I'm sure he sifted through my 1 garbage. 1 THE WITNESS: Again, I'll respectfully answer 2 Q. Which garbage man sifted through your garbage? 2 the question by asserting my Fifth, Sixth and 14th 3 A. I'm sure people who go through garbage sift 3 Amendment Right. 4 through the garbage. I have no idea. 4 BY MR. SCAROLA: 5 Q. Did anyone ever sift through your garbage 5 Q. Your Complaint in paragraph 21, page 9, says 6 looking for damaging evidence? 6 that: "Upon information and belief, Rothstein, David 10 blackmail them. 10 false statements were made about the number of 11 Q. Yes. But I didn't ask you what some newspaper 11 cases/clients that existed or RRA had against Epstein 12 is alleged to have reported. 12 and the value thereof." 13 What I did ask you is whether anyone ever 13 Do you have any know) Mr. 14 sifted through your garbage looking for damaging 14 ever knew about such meetingeoking ucted? 15 evidence. 15 MR. PIKE: Form. 16 And the answer to that question, I think, can 16 To the extent you understand the question and 17 be either yes, no, or I don't know. 17 it will not violate any attorney/client or work 18 MR. PIKE: Move to strike. 18 product prix liege infornudion, you can answer that 19 BY MR. SCAROLA: 19 question. 20 Q. Or you could refuse to answer it on the 20 MR. SCAROLA: Mr. Pike, it has become evident 21 grounds that it may tend to incriminate you. 21 that speaking instruction to your witness is 22 A. I think you might - 22 tniction for him to assert an attorney/client 23 MR. PIKE: Move to strike. 23 lege, regardless of whether it is or is not 24 THE WITNESS: I would like to answer my Own 24 and 1 object to it. 25 questions. If you'd like to answer all my MR. PIKE: Let me make the record clear. 7 A. It's been widely reported in the newspapers, 7 Boden, Debbie Andrew Barnett, Michael Fisten 8 sir, that the Rothstein fine engaged in sifting through 8 and Kenneth Jenne, all employees of RRA, through brokers 9 many people's garbage in order — in an attempt to 9 or middle men would stage regular meetings dining which 1 questions, Mr. Scarola, I'm more than happy to sit You've been interchanging knowledge with personal 2 here and answer them. Would you like to • . • C knowledge. And many of the objections to which I 4 Q. Yes. I'd like to know what the an t, 4 privilege are based upon your malphrased question 17 with — with your questions and your claims 17 MR. SCAROLA: I am saying you're coaching the 3 BY MR. SCAROLA: 3 ant asserting an attorney/client and work product S question is. Did anyone ever sift thro at age 5 and use of personal knowledge and knowledge 6 looking for damaging evidence? 6 interchangeably with those questions. 7 MR. PIKE: Form. 7 So if you want to rephrase your question to B THE WITNESS: I do w. 8 attempt to elicit a response — let me finish — 9 BY MR. SCAROLA: 9 then I have no objection to that. However, I'm not 10 Q. Did you ever dama 'ng evidence in your 10 going to sit here and allow my client to waive 11 garbage? 11 attorney/client and work product. 12 A. What's • 1 ing •dente, sir? 12 Now, to the extent you're saying I'm coaching 13 Q. Evin • • - t, g to implicate you in criminal 13 the witness, T object to that because I am 14 conduct. 14 certainly not. The witness is here to answer your 15 • Form. 15 questions and I believe has been answering your 16 WITNESS: At least today, Mr. Scarola, 16 questions today to the best of his ability. 18 and your defense of Mr. and his firm, the 18 witness. 19 Rothstein firm, while his partner sits in jail, 19 BY MR. SCAROLA: 20 today I'm going to have to assert my Fifth, Sixth 20 Q. Could you answer the question? 21 and 14th Amendment Right, sir. 21 MR. PIKE: Same objection. 22 BY MR. SCAROLA: 22 THE WITNESS: You'll have to repeat it. 23 Q. Did you ever have any evidence in your garbage 23 BY MR. SCAROLA: 24 that would subject you to blackmail? 24 Q. Do you have any information indicating that 25 MR. PIKE: Form. Same — same objection. 25 ever had any knowledge of anyone 1 associated with the Rothstein firm holding meetings\ 2 during which, quote, "false statements were made about\ 3 the number of cases/clients that existed or RRA had\ 4 against Epstein and the value thereof," unquote? 5 MR. PIKE: Form. Same objection. 6 THE WITNESS: My best recollection is the U.S.\ 7 Attorney has accused the Rothstein firm of just\ 8 those types of meetings where the partners got\ 9 together, schemed to defraud local investors of\ 10 millions of dollars by fabricating cases of a\ 11 sexually charged nature. And whether Mr. [REDACTED]\ 12 personally participated, I'm going to at least\ 13 today, sir, have to assert the attorney/client\ 14 privilege, but look forward to one day disclosing\ 15 it. 16 MR. SCAROLA: Move to strike all unresponsive\ 17 portions of the answer. 18 BY MR. SCAROLA: 19 Q. Paragraph 23 of your Complaint says that:\ 20 "RRA, Rothstein and [REDACTED], claiming the need for\ 21 anonymity with regard to existing or fabricated clients,\ 22 they were able to effectively use initials," et cetera. 23 Do you have any knowledge that [REDACTED] [REDACTED]\ 24 fabricated a client to bring a claim against you? 25 MR. PIKE: Form. 1 THE WITNESS: I believe Mr. Scherer's\ 2 Complaint -- 3 BY MR. SCAROLA: 4 Q. I'm not asking about Mr. Scherer's Complaint.\ 5 I'm asking about any evidence that you have. 6 MR. PIKE: The witness is basically been five\ 7 words into his sentence and you're not allowing him\ 8 to finish, once again. 9 So if you recall the question, then please\ 10 respond. 11 THE WITNESS: Please repeat it back, please? 12 MR. PIKE: Madame Court Reporter, if you\ 13 would. 14 (Pending question was read.) 15 MR. PIKE: Form. 16 THE WITNESS: The pleadings of Mr. Scherer and\ 17 his claim against the Rothstein firm for a massive\ 18 fraud, as well as Mr. Sakowitz's claims to -- at\ 19 least in the -- described in the public press,\ 20 because he went to the FBI, for fabricating cases\ 21 that included initials. 22 With respect to anything specific with\ 23 Mr. [REDACTED], I'm going to have to claim the\ 24 attorney/client privilege today, sir. 25 BY MR. SCAROLA: 1 Q. Do you have any -- do you have knowledge of\ 2 the existence of any evidence that [REDACTED] [REDACTED] knew\ 3 that Rothstein was utilizing RRA as a front for a Ponzi\ 4 scheme? 5 MR. PIKE: Form. 6 THE WITNESS: That's attorney/client\ 7 privilege. 8 BY MR. SCAROLA: 9 Q. Do you have knowledge of any evidence that\ 10 would indicate [REDACTED] [REDACTED] should have known that\ 11 Rothstein was utilizing RRA as a front for a Ponzi\ 12 scheme? 13 MR. PIKE: Form. 14 THE WITNESS: At least today -- 15 MR. PIKE: Wait. 16 THE WITNESS: Sorry. 17 MR. PIKE: Form. Same objections. Same\ 18 attorney/client, work product as to the last\ 19 question. Same objections here, attorney/client\ 20 work product. 21 THE WITNESS: And today I'm going to have to\ 22 assert the attorney/client privilege. 23 MR. PIKE: To the extent you can answer that\ 24 question -- 25 THE WITNESS: I understand. 1 MR. PIKE: -- then, please, -- 2 THE WITNESS: Yes. 3 MR. PIKE: -- answer Mr. Scarola's question. 4 THE WITNESS: Separate from -- 5 MR. SCAROLA: Objection. Coaching the\ 6 witness. 7 THE WITNESS: Separate from the communication\ 8 I've had with my attorneys, I can't answer that\ 9 question. 10 MR. PIKE: Mr. Scarola, I'm confused. I\ 11 started objecting to form in the beginning of this\ 12 deposition. You then instructed me, which is\ 13 against the rules, Mr. Pike, I don't know what's\ 14 wrong with the form. I object to you objecting to\ 15 form. 16 Then I assert the attorney/client, work\ 17 product, and now you're telling me I'm coaching the\ 18 witness. 19 So tell me, Mr. Scarola, what is the -- what\ 20 is the way that you would like me to object in this\ 21 deposition, and maybe I can conform that way for\ 22 you, which may or may not be consistent with the\ 23 Florida Rules of Civil Procedure. 24 MR. SCAROLA: Mr. Pike, -- 25 MR. PIKE: Yes, sir. 1 MR. SCAROLA: - if you don't know the 2 difference between a form objection and a privilege 3 objection — 4 MR. PIKE: Right. 5 MR. SCAROLA: — then this deposition is not 6 the proper context in which for you to learn the 7 difference between a form objection and a privilege 8 action. 9 MR. PIKE: I'm pretty clear on what a form 10 objection is and what a privilege objection is and 11 I'm pretty knowledgeable on that. The problem — 12 MR. SCAROLA: Then we don't need to engage in 13 any further discussion. 14 MR. PIKE: — I want to try to make the record 15 clear, because initially you didn't want me to 16 object to form. You wanted me to speak. So I'm 17 thinking you're conceding to that point. 18 What my question is, is: What's wrong with my 19 objecting to attorney/client, work product? So I 20 guess I'm asking you what you were asking me 21 earlier on. What's wrong with the form? 22 We can just move forward. 23 BY MR. SCAROLA: 24 , Q. In your C taint you identify the RRA law 25 firm Rothstein and as the, quote, "litigation 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 team," unquote. You then go on to say in paragraph 31 of Complaint at page 12 that: "Rothstein and litigation team" — MR. PIKE: Wait a minute. Put that do PJ a second. Hold on. THE WITNESS: You can read it. BY MR. SCAROLA: Q. "Individually and in a d effort may have unethically and jltgally gad in certain specified conduct May we that you don' quote, "li in ly lude from that statement knowledge as to whether the, " including Mr. engaged and illegal conduct? PIKE: For now, while I'm reviewing the documclit itself, I'm just going to just tell you to hold off — THE WITNESS: Sure. MR. PIKE: — on answering that question. You may want to go off the record, so we don't have a lag in — MR. SCAROLA: No, I'd like it on the record. Thank you. MR. PIKE: Mr. Scarola, did you bring an extra 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 copy of the Complaint that you're questioning Mr. Epstein on for Mr. Epstein to look at? MR. SCAROLA: No. MR. PIKE: Okay. I'm going to have to go get him a copy so he can — the paragraphs of this Complaint are very long and the Complaint itself is in excess of — it was approximately 35 pages, MR. SCAROLA: I'll withdraw the question. BY MR. SCAROLA: Q. Do you have any evidence that Brad sold, allowed to be sold and/or assist/1 with the sale of an interest in non-settled personal injury lawsuits? MR. PIKE: Form. j, THE WITNESS: lltamespapers have widely reported that the Rothstein firm engaged in illegal structured settlements of cases of a sexual nature, including specifically, me. We have subpoenaed the documents tom Mr, and his finn and we ha' e not been able to get them as of yet. A cam confident that once we 4%1 will be able -to answer your questions with more specificity. mg. SCAROLA: you sit here today, do you have any ence whatsoever to support an assertion that 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M, individually and personally, sold, allowed to be sold and/or assisted with the sale of an interest in non-settled personal injury lawsuits? MR. PIKE: Before you answer that question, Madame Court Reporter, will you please read that question back to me? (Pending question was read.) MR. PIKE: To the extent you can answer that question without divulging attorney/client or work product information, you may answer that question. MR. SCAROLA: Objection. Coaching. THE WITNESS: You said, allowed to be sold. I'm going to assert attorney/client privilege to the answer, Pm afraid, but I'd like to answer that question. BY MR. SCAROLA: Q. Do you have knowledge of any evidence indicating that ever reached agreement. to share attorney's fees with non-lawyers? MR. PIKE: I'm sorry. Mr. Scarola, can you tell me what page of the Complaint you're referring to, if you arc? MR. SCAROLA: I'm not referring to any page of the Complaint, although I will tell you that that precise allegation is made in the Complaint. 1 THE WITNESS: In fact, Mr. Scarola, we have\ 2 subpoenaed Mr. [REDACTED] documents and documents\ 3 from his firm that I believe will, in fact, give me\ 4 more specificity with the answers to that question. 5 I'm looking forward to getting the -- that\ 6 specific evidence. With respect to what we\ 7 currently know, sitting here today, I'm\ 8 unfortunately going to have to claim my\ 9 attorney/client privilege. 10 BY MR. SCAROLA: 11 Q. Do you today have any evidence to support an\ 12 assertion that [REDACTED] ever used investor money\ 13 to pay L.M., E.W., and/or Jane Doe up-front money, such\ 14 that they would refuse to settle civil actions? 15 MR. PIKE: Same instruction. 16 THE WITNESS: You'll have to get -- I need to\ 17 hear the first part of the question. Do I have any\ 18 evidence? Do I have knowledge of evidence? I'm\ 19 sorry. What was the -- 20 BY MR. SCAROLA: 21 Q. Do you have knowledge of any evidence to\ 22 support that assertion? 23 MR. PIKE: To the extent you can answer that\ 24 question without violating attorney/client, work\ 25 product, please do so. 1 MR. SCAROLA: Objection. Coaching.\ 2 THE WITNESS: I'm going to have to assert the\ 3 attorney/client privilege, I'm afraid, though I'd\ 4 like to answer that question as well, sir. 5 BY MR. SCAROLA: 6 Q. Do you have any evidence to support the\ 7 assertion that [REDACTED] conducted searches, wire\ 8 taps or intercepted conversations in violation of State\ 9 or Federal laws and Bar rules? 10 A. Your question, once again, asked did Mr. --\ 11 was Mr. [REDACTED] personally involved in the\ 12 eavesdropping? Did he walk to someone's house and sort\ 13 of put a bug in their house? Did he, personally, stand\ 14 outside? 15 The question is, did Mr. [REDACTED] firm engage\ 16 in this behavior in an attempt to defraud local\ 17 investors out of millions of dollars? The U.S. attorney\ 18 has filed a Complaint saying that they did. The\ 19 Complaints filed by Scherer saying that his firm did. 20 The Scherer Complaint says my name and the\ 21 boxes of files that we've subpoenaed used my name, sir. 22 We have requested information, but up until\ 23 today have not received any. 24 To give you a more specific answer, I'm afraid\ 25 I cannot. 1 Q. Do you have knowledge of any evidence that\ 2 [REDACTED] ever conducted searches, wire taps or\ 3 intercepted conversations in violation of State or\ 4 Federal laws and Bar rules? 5 MR. PIKE: Same instruction. 6 THE WITNESS: The newspapers and the U.S.\ 7 Attorney's Complaint widely reported that\ 8 Mr. [REDACTED] firm and people hired by his firm,\ 9 investigators hired by his firm fraudulently\ 10 representing themselves as FBI agents engaged in\ 11 just those activities, sir. 12 BY MR. SCAROLA: 13 Q. Do you have any knowledge of any evidence that\ 14 [REDACTED] was ever aware of any such activities? 15 A. I'm going to have to -- 16 MR. PIKE: Same objection. 17 THE WITNESS: -- assert the attorney/client\ 18 privilege to that, sir. 19 BY MR. SCAROLA: 20 Q. Do you have any knowledge that [REDACTED]\ 21 ever participated in or was aware of actions that\ 22 utilized the judicial process, including, but not\ 23 limited to, unreasonable and unnecessary discovery for\ 24 the sole purpose of furthering a Ponzi scheme? 25 MR. PIKE: Same objection. 1 To the extent you can answer the question\ 2 without disclosing attorney/client or work product\ 3 information, do so. 4 THE WITNESS: The pleadings of Mr. Scherer\ 5 with respect to the largest Ponzi scheme in South\ 6 Florida's history engaged in by Mr. [REDACTED] firm\ 7 and Scott Rothstein, who currently sits in jail,\ 8 probably for the rest of his life for engaging in,\ 9 not only illegal wire taps and eavesdropping, but\ 10 an abuse of the entire legal system, I believe\ 11 speaks for itself. 12 Unfortunately, with respect to Mr. [REDACTED]\ 13 today, I'm going to have to assert the\ 14 attorney/client, work privilege, sir. 15 BY MR. SCAROLA: 16 Q. Is it your contention that Mr. Scherer's\ 17 Complaint even contains the name [REDACTED]? 18 A. I don't recall, sir. 19 Q. Did sexual assaults ever take place on a\ 20 private airplane on which you were a passenger? 21 MR. PIKE: Form. Relevance. 22 THE WITNESS: At least -- I would like to\ 23 answer each and every one of your questions here\ 24 today, Mr. Scarola. But at least today, I'm going\ 25 do have to assert my Fifth, Sixth and 14th Amendment Rights as provided by the U.S. 1 about. The one in which your deposition is being taken 6 International figures? 6 misbehavior on Mr. part, and the Complaint was 2 Constitution. 2 today. 3 BY MR. SCAROLA: 3 Do you know who brought those persons' names 4 Q. Does a flight log kept for a private jet used 4 into this lawsuit? 5 by you contain the names of celebrities, dignitaries or 5 A. As a reaction, and only as a reaction to total 7 A. At least today, sir, I'm going to have to 7 obviously written by my attorneys, sir. 8 respectfully decline to answer based on my Fifth, Sixth 8 Q. So you know that those names are in your 9 and 14th Amendment Right, though I'd like to answer that 9 Complaint, right? 10 question. 10 A. Yes, sir. 11 Q. Have you ever had a personal relationship with 11 Q. Okay. So because those names are in your 12 Donald Trump? 12 Complaint, I'm asking you about ple you named. 13 A. What do you mean by "personal relationship," 13 Have you had a social relation ip with Tommy 14 sir? 14 Mottola? 15 Q. Have you socialized with him? 15 A. The names in my C'npla int are strictly as a 16 A. Yes, sir. 16 reaction to the abusive-discovery process by 17 Q. Yes? 17 Mr. MI, his inters. Scott Rothstein, who sits in 18 A. Yes, sir. 18 jail, in an att t t imperil my friendships. 19 Q. Have you ever socialized with Donald Trump in 19 But, y have ialized with Mr. Mottola. 20 the presence of females under the age of 18? 20 Q. ye socialized with Mr. Mottola in 21 A. Though rd like to answer that question, at 21 the f females under the age of I8? 22 least today I'm going to have to assert my Fifth, Sixth 22 . Form. 23 and 14th Amendment Right, sir. 23 WITNESS: At least today, the typical to 24 Q. Have you socialized with Alan Dershowitz? 24 contention of bringing eases of a 25 A. Yes, sir. He's my attorney, as well as a licious nature where his partner sits in jail for 1 friend. 2 Q. Have you ever socialized with Alan De 2 today, at least, I nittst assert my Fifth, Sixth and 3 in the presence of females under the age of 3 14th Amendment Right, though I'd like to answer 5 THE WITNESS: Sir, at least hp tod 5 BY MR. SCAROLA: 6 going to have to assert my Fifth Amendment, Sixth 6 Q. Have you had a social relationship with David 7 Amendment and 14th Amendment Rights. 7 Copperfield? B BY MR. SCAROLA: 8 A. As a reaction to. once again, the abusive 9 Q. Have you ever socialiNKTommy Mottola? 9 discovery process of bringing in names of pco le that 10 A. This is the type of questions where people who 10 have absolutely nothing to do with any of Mr. . 11 have nothing to dowith this case whatsoever have been 11 Mr. Rothstein's or their clients' claims, by bringing in 12 brought into by Mr in an attempt to 12 the names of friends of mine strictly in an attempt to 13 simply' my tionships with social friends and 13 stress my relationships, imperil my business 14 serves f why this case has been brought 14 relationships, I'm going to say, yes, I do know 15 agai and his firm, sir. 15 Mr. Copperfield. 16 PIKE: Form as well. 16 Q. Have you ever socialized with David 17 BY MR. AROLA: 17 Copperfteld? 18 Q. Well, do you know who brought those persons' 18 A. Again, as — 19 names into this lawsuit? 19 MR. PIECE: Form. 20 MR. PIKE: Form. 20 THE WITNESS: Sorry. 21 And just to be clear, what Mr. Scarola, I 21 It's a typical Rothstein strategy of 22 believe, talking about this lawsuit, Epstein versus 22 trying to involve well-known people in maliciously 23 RRA? 23 fabricated cases in order to fleece investors out 24 BY MR. SCAROLA: 24 of millions of dollars. They brought up names in 25 Q. Yes, sir, that's the lawsuit I'm talking 25 attempts at abuse of discovery process to try and this — just this type of behavior, the answer is, 4 MR. PIKE: Form. 4 each and every one of your questions, Mr. Scarola. 1 take discovery of people who have nothing to do 1 THE WITNESS: In response to your question, 2 with this case. 2 again, my fi/11 answer was, typical of the 3 Did I socialize with David Copperfteld? The 3 'Rothstein scheme to ask questions of a 4 answer is, yes. 4 sexual charged nature, crafted cases, the U.S. 5 BY MR. SCAROLA: 5 Attorney has called his rum the largest fraud in 6 Q. Did you ever socialize with David Copperfield 6 U.S. history, fleecing investors out of millions of 7 in the presence of females under the age of 187 7 dollars by engaging in just these types of 8 A. Pm sure, again, this question is a typical 8 questions. Though I would like to answer each and 9 question of Mr. iRothstein scheme to defraud 9 every question about every one of these people, on 10 investors, asking questions knowing it serves no purpose 10 advice of my Counsel today, I must take — assert 11 or relationship relevance to their case whatsoever. 11 my Fifth Amendment, Sixth Amendment and 14th 12 At least today, though Pd like to answer that 12 Amendment Right. Though I'd fer to answer the 13 question, on advice of my Counsel, and only on advice of 13 question, I was told that if I chop. to do so, I 14 my Counsel, I'm going to have to assert my Fifth, Sixth 14 risk losing their representation. sir. 15 and 14th Amendment Right. 15 BY MR. SCAROLA: 16 17 MR. PIKE: Form as well. BY MR. SCAROLA: 18 Q. Have you ever had a social relationship with 18 THE : On ad% ice of Counsel, and only 19 Bill Governor of New Mexico and formerly 19 upon advie of Counsel, though I'd like to answer 20 U.S. Representative and Ambassador to the United 20 that question, as well as every other one of your 21 Nations? 21 claims brought by Mr. and his partner, who 22 MR. PIKE: Form. 22 - currently sits in jail, sir, I would like to answer 23 THE WITNESS: As is typical of the 23 them: questions. But today at least, I have to 25 who sits in jail, what they attempted to do was Amendment Right. Though I'd prefer to answer the 16 17 Q. Have you ev;sexually abused children? MR. PIKE: F n 24 scheme, along with his partner, Scott Roth.:tein. 24 \\assert my Sixth Amendment, 14th Amendment and Fifth TTT Page 9 Page 9 6 s >, e question, I'm told by my Counsel that if I choose 5 their claims or cases. 5 Q. How many children have you sexually abused? of 18? 9 harassing. And, moreover, it's my contention that 21 Q. Yes, but that wasn't my question. 21 MR. SCAROLA: Well, it's very interesting that 1 bring in any celebrity I might have known, 2 well-known people, in an attempt to strictly 2 to do so, which is my preference, I risk losing 3 imperil my relationships with these peopl 3 their representation. 4 these people have no bearing whatsoev o 4 BY MR. SCAROLA: 6 Yes, I do have a social relatio p. 6 MR. PIKE: Form. 7 BY MR. SCAROLA: 7 And I just want to be clear on the record. 8 Q. Have you ever sociali th Mr. 8 These typesof questions are argumentative and 9 in the presence of females 10 MR. PIKE: F 10 these types of questions arc not related to this 11 THE gain, typical of the 11 lawsuit by any stretch of the imagination. In this 12 sc of bringing in well-known 12 deposition, while I've been liberal in allowing 13 people, ng ridiculous questions, 13 these questions, am being utilized in an attempt 14 ridicu in an attempt strictly to 14 to provoke a waiver of the Fifth Amendment Right. 15 lationships with these people where 15 There has been an Order entered by, I believe. 16 they e absolutely nothing to do with anything to 16 Judge Hafele regarding that types of questions. 17 do with, Rothstein or any of their alleged 17 So with that caution, Mr. Scarola, I would ask 18 victims, the answer to your question is, yes, I 18 you that you refrain from asking abusive and 19 have socialized. 19 harassing questions that are not relevant to this 20 BY MR. SCAROLA: 20 case. 22 My question was: Have you ever socialized 22 you claim they're not relevant when they are 23 with Mr. Richards in the presence of females under the 23 directly taken from the allegations in your 24 age of 18? 24 Complaint. 25 MR. PIKE: Form. 2.5 And I agree with you that they are not relevant because there is no basis whatsoever for 2 this claim against Mr. But since you've 2 MR. PIKE: Okay. Do you have an objection to 3 made these baseless allegations, I am obliged to 3 us taking a quick bathroom break and - 4 pursue the allegations by asking these questions. 4 TIIE WITNESS: P11 just walk out and back in. MR. SCAROLA: Uh-huh. 5 So we'll move on from there. And whenever you 5 MR. SCAROLA: If Mr. Epstein needs to go to 6 think it's appropriate to terminate this deposition 6 the bathroom Mr. Epstein needs to go to the 7 because you believe that I've acted 7 bathroom. 8 inappropriately, be my guest. e TILE WITNESS: Thank you, sir. 9 MR. PIKE: I appreciate your invitation. 9 MR. PIKE: Then we're off the record? 10 Mr. Scarola. 10 VIDEOGRAPHER: We're off the record. 11 I'm going to move to strike. 11 (Brief recess.) 12 The fact is, Mr. Scarola, is that, these types 12 VIDEOGRAPHER: We are k on video record at 13 of questions have already been ruled upon as being 13 12:43 p.m. 14 argumentative and harassing. 14 BY MR. SCAROLA: 15 If you want to direct some questions relevant 15 Q. I think when we record you had 16 to your lawsuit, l invite you to do so. But 16 requested that the las u gave and the 18 mechanism to provoke a waiver of the Fifth 18 so well start • 17 attempting to use this deposition process as a 17 question asked of at answer be read back, 19 Amendment and to obtain information that is more or 19 MR. PI : e Court Reporter. 20 potentially more relevant to Mr. cases in 20 us on and answer were read.) 21 which he is lead Counsel on, I think is improper. 21 I 'MESS: Sounds like a complete answer to 22 BY MR. SCAROLA: 22 23 Q. Did you have staff members that assisted you 23 OLA: 24 in scheduling appointments with underage females; that 24 •. sir. My question to you following that , 5 is, females under the age of 18? was: Who are the others to whom you made 2 A. So along with many of the other claims that the Rothstein finn crafted with malicious claims 2 3 people like me and others of a sexually cbarg 3 A. Can you repeat where it says me and others? 4 in order to simply fleece investors out of - 4 Pm sorry. 5 dollars in South Florida, these types o 5 MR. SCAROLA: Read it back again, please. 6 though Pd like to answer today, at lea c 6 Sandy. 7 question, I'm going to have to assert, rely, my 7 (Answer was read.) 8 Fifth, Sixth and 14th Amend Right, though I'd prefer 8 THE WITNESS: The others are people reported reference in that response? You said, "me and others." Who are the others? 9 to answer the question. 9 in the press to be many people in South Florida who o BY MR. SCAROLA: 10 were the victims of the Rothstein scam. 1 Q. Who are referred to in that 11 I'm glad — I'm happy to answer the others. 2 response? 12 Pd like to know the others. In fact, we've 3 A. Again; sir? 13 subpoenaed documents from the bankruptcy trustee o' 1 4 Q. You said you d others. Who arc the others 14 Brad firm in an attempt to find out more 5 that erring to? 15 details of the others that you've just asked about. . 6 A. 'II have to read my answer back. 16 People — I believe the Attorney Scherer has . r MR. IKE: I'm sorry. Madame Court Reporter, 17 filed a Complaint for some of the others who have 8 would you please read the witness' answer back? 18 been defrauded, as well as some of the investors 19 THE WITNESS: You'll have to -- I have to take 19 who were told about many others, sir. 20 a bathroom break. 20 BY MR. SCAROLA: 21 MR. PIKE: Actually I don't — one second. 21 Q. So you don't know any names; is that correct? 22 For the record, we're going on 12:30 now. Is 22 MR. PIKE: Form. Move to strike. 23 there — do you have a time frame as to when you -- 23 Mischaracterizes the witness' testimony. 24 MR. SCAROLA: About a half hour. 24 THE WITNESS: Pm sure that's an -- it's an 25 MR. PIKE: You have a half hour left? 25 easy way of saying that as a response to the 1 questions and subpoenas we've asked Mr. to 1 Amendment Right. 2 produce so we can find out the specific names of 2 BY MR. SCAROLA: 3 the others who have been — the U.S. Attorney has 3 Q. Who are the minors who you solicited for 4 claimed have been blackmailed and victims of the 4 prostitution? 5 Rothstein firm. 5 MR. PIKE: Fonn. 6 I'd be happy, and hopefully at the end of this 6 711E WITNESS: Who are the — I pled guilty to 7 trial everyone will know some of the names of the 7 soliciting prostitution. There was no soliciting Et others, sir. 8 minors charge, sir. 9 BY MR. SCAROLA: 9 MR. SCAROLA: Could you read back the response 10 Q. Do you know the names of any of the others? 10 to the question about what Mr. Epstein pled guilty 11 A. No, sir, If do not. However, the U.S. 11 to, please? 12 Attorney, we believe, is going to file more charges 1.2 MR. PIKE: About four q back. 13 against Mr. Roth — Mr. partners. And 13 (Previous question and read.) 14 Mr. Scherer and us have subpoenaed the bankruptcy 14 MR. PIKE: And his 15 trustee for the names of the others. 15 MR. SCAROLA: his answer. 16 So sitting here today, I do not. Hopefully 16 BY MR. SCAROLA:/ 17 sometime before trial we will have names of the others. 17 Q. Who are the u procured for 18 sir. 18 prostitution? 19 Q. Have you ever pled guilty to any criminal 19 MR. P F 20 wrongdoing? 20 TI WI I believe if you — my answer 21 A. Yes, sir. 21 t, . • • g a minor, sir, not minors. 22 Q. What criminal wrongdoing did you plead guilty 22 , I' OLA: 23 to? 23 ' i • is the minor that you procured for 24 A. A solicitation of prostitution and procuring a 24 on? 25 minor for prostitution, sir. I do not know. 1 Q. On how Tinny occasions did you solicit MR. PIKE: Form. And relevance. 2 prostitution? BY MR. SCAROLA: 3 A. Under — excuse mc? Again? 3 Q. How many minors have you procured for 4 Q. On how many occasions did you so 4 prostitution? 5 prostitution? 5 MR. PIKE: Fonn. 6 A. At least sitting here today, I'm ing to 6 THE WITNESS: On advice of Counsel, sir, I'm 7 to, on advice of Counsel, assert my Fi 7 going to have to assert my Fifth, Sixth and 14th 8 16th Amendment (sic) and Fo sic) Amendment Right. 8 Amendment Right, though I pled guilty to procuring 9 Q. On how many occasion plead guilty to 9 a single minor. 0 soliciting prostitution 10 BY MR. SCAROLA: \:1 A. Once, sir. 11 Q. Yes, but my question wasn't about what you :2 Q. How o icitation of prostitution 12 pled guilty to. I just want to know how many minors yo:i 13 did you plead t, ' 13 have procured for prostitution. \:4 A. 14 MR. PIKE: Asked and answered. 15 the names of the individuals who you 15 THE WITNESS: Again, al least with respect to :7 A. I do t know. 17 procuring a single minor. 1 6 pled gui to soliciting as prostitutes? 16 what I've pled guilty to, I pled guilty to 18 Q. When did those acts occur? 18 With respect to the rest of your question, I'm 19 A. I do not know. 19 going to have to asses my Fifth, Sixth and 14th 20 Q. How many prostitutes have you solicited? 20 Amendment Rights as provided by my Counsel. 21 MR. PIKE: Form. 21 BY MR. SCAROLA: 22 THE WITNESS: On advice of Counsel, at least 22 Q. When did you procure the minor for 23 sitting here today, sir, I'd like to answer each 23 prostitution as to which procurement you pled guilty? 24 one of those questions. However, today fin going 24 MR. PIKE: Form. 25 to have to assert my Fifth, Sixth and 14th 25 THE WITNESS: I don't know. 1 BY MR. SCAROLA: 1 BY MR. SCAROLA: 2 Q. Was there a time before you entered your 2 Q. Paragraph 46(a), last sentence: "Under the 3 guilty plea when you knew the identity of the 3 circumstances, her claim for damages against Epstein. 4 prostitutes that you solicited? 4 one of L.M:s many Johns during that same period," et 5 MR. PIKE: Form. 5 cetera. 6 THE WITNESS: Again? 6 You have identified yourself in this Complaint 8 Q. Was there a time before the entry of your e a reference to a customer of a prostitute. 9 guilty plea when you knew the identity of the 9 I low many times were you one of L.M.'s 10 prostitutes you solicited? 10 customers for purposes of prostitution? 11 MR. PIKE: Form. 11 A. Well, now that you've now put on the record 12 THE WITNESS: I don't recall. 12 that L.M., I believe, in her depositio \$ an admitted 13 BY MR. SCAROLA: 13 prostitute, I would like to answe t uestion. but on 14 Q. Was there a time before the entry of your 14 advice of Counsel, sir, I'm to ha 15 guilty plea when you knew the identity of thc minor that 15 respectfully decline. But I y to ear you 16 you pled guilty to procuring for prostitution? 16 finally admit it in udtions that your L.M. is 17 MR. PIKE: Form. 17 an admitted prostitu 18 THE WITNESS: I don't know. 18 MR. SC to strike. Unresponsive. 19 BY MR. SCAROLA: 19 BY MR. SCA LA: ' 20 Q. Did you plead guilty because you were, in 20 Q. lime you ever coerced, induced or enticed any 21 fact, guilty? 21 to engage in :my sexual act with you? 22 MR. PIKE: Form. 22 . PIKE: Form. 23 That's attomey/client, work product. 23 IE WITNESS: A typical question from 24 AttOntyklient. 24 la representing Mr. and the firm 25 MR. SCAROLA: I haven't asked anything about Rothstein, who Scott Rothstein sits in jail for 7 BY MR. SCAROLA: 7 as one of L.M.'s many Johns, which you acknowledge to be 1 any communication. crafting cases of a sexual nature against people in 2 MR. PIKE: It definitely could get into a 2 South Florida, me and others, the others yet to be 6 BY MR. SCAROLA: 6 assert my Fifth, Sixth and 14th Amendment Right. 8 you were, in fact, guilty. 8 Q. How many times have you engaged in fondling 11 Q. Do you the term John to be a slang 11 THE WITNESS: This is relevance here at sonic 24 MR. SCAROLA: Page 22. 24 believe are obvious to the ladies and gentlemen of 3 communication with Mr. Epstein's lawy 3 determined. However, today, though I'd like to 4 time of the criminal proceeding. 4 answer every one of his questions, on advice of 5 MR. SCAROLA: No, sir, it 5 Counsel, at least today, I'm going to have to 7 Q. I want to know whether you p ty because 7 BY MR. SCAROLA: 9 A. I'm going to have to Fifth, Sixth 9 underage females? 10 and 14th A r. 10 MR. PIKE: Form. 12 reference to • i - a prostitute? 12 point? 13 MR. P' ' , 13 MR. PIKE: To the extent you can answer the 14 N.I :•: Yes, sir. 14 question. 15 BY Al OLA: 15 THE WITNESS: Again, as another one of the 16 Q. many times were you one of L.M.'s 16 irrelevant questions asked of this lawsuit with 17 customers. 17 respect as a client how I was abused by the 18 MR. PIKE: Form. 18 Rothstein firm for his — the practices, the abuse 19 THE WITNESS: L.M.'s customers. 19 of the legal system, the — hopefully, the ladies 20 You'll have to rephrase the question, sir. 20 and gentlemen of the jury will be able to sec 21 BY MR. SCAROLA: 21 through some of these ridiculous questions with 22 Q. Your Complaint says — 22 respect to questions that today, at least, I must 23 MR. PIKE: What page were you reading from? 23 take the Fifth, Sixth and 14th Amendment, but I 25 MR. PIKE: Thank you. 25 the jury what you're trying to do here, 1 Mr. Scarola. 1 MR. SCAROLA: Move to strike as unresponsive. 2 MR. SCAROLA: Move to strike. Unresponsive. 2 BY MR. SCAROLA: 3 MR. PIKE: No. That's fine. 3 Q. Do you have a personal sexual preference for 4 BY MR. SCAROLA: 4 children? 5 Q. How many times have you engaged in illegal 5 MR. PIKE: Form. Relevance. Abusive. 6 sexual touching of minors? 6 Harassing. Not reasonably calculated to lead to 7 MR. PIKE: Form. Relevance. 7 the discovery of admissible evidence in this case. 8 THE WITNESS: Again, an irrelevant question to 8 THE WITNESS: Another rrelevant 9 this lawsuit, strictly as a continued attempt to 9 question to this lawsuit, Mr. behavior, in 10 bring in irrelevant facts to the fact of what the 10 an attempt to strictly divert attention from the 11 Rothstein firm has done to both me and others in 11 wrongdoing of the Rothstein firm in this matter by 12 South Florida, defrauding investors of millions of 12 asking sexually charged questions in a case where 13 dollars, knowing that at least today I'm going to 13 the Rothstein firm has been chary the U.S. 14 have to with respect to that particular question 14 Attorney of fabricating claims o Heim 15 assert my Fourth — excuse me — Fifth, Sixth and 15 nature, hiding behind attorney/client privilege, 16 14th Amendment Rights. 16 forging documents -- excuse me — but as with 17 MIL SCAROLA: Move to strike as unresponsive. 17 respect to thew questions designed for nothing 18 MIL PIKE: Mr. Scarola, he's answering your 18 more than to harass me, Mr. Scarola, I'm going to 19 20 question. You're asking abusive and harassing questions that are unrelated to this lawsuit. 21 If you can direct me to anywhere in the 21 AROLA: Move to strike as unresponsive. 22 Complaint that even remotely addresses your two 22 OLA: 23 questions that you've just posed to Mr. Epstein, 23 e you ever acted on a sexual preference ibr 24 I'd be happy to look at the section in the 24 25 Complaint. But moving to strike the witness' MR. PIKE: Form. Irrelevant. Abusive. 19 20 T., have to. union unatc I y, take the Fifth, Sixth and 14th Anwndrnent. 1 answer when he's answering your abusive and Harassing. And not reasonably calculated to lead 2 harassing questions is improper. 7 2 to admissible evidence in this case. 3 BY MR. SCAROLA: 3 THE WITNESS: One more of Mr. Scarola's 4 Q. How many times have you enga 4 irrelevant questions designed nothing more to try 5 with females under the age of 18? 5 to harass me, to divert attention from the fact 6 MR. PIKE: Objection. Ret we and 6 that Mr. and his (-um perpetrated one of 7 harassing. Not reasonably calcula cad to 7 the largest frauds in South Florida's history by 8 discovery of admissible ' in this case. 8 using people like me and others in an attempt to 9 THE WITNESS: A t estion posed by 9 fleece South Florida investors out of millions of 10 Mr. Scarola in an t to 'vert the attention 10 dollars, where the U.S. Attorney has accused his 11 away from the doing of his 13. firm of being the largest criminal eM iin 12 partner, •T ' ihst who sits in jail for 12 South Florida's history, where Mr. partner 13 defraudin •-.. i rs of South Florida of millions 13 sits in prison, potentially for the rest of his 14 of do, r ing malicious cases of a sexual 14 life. 15 order to fleece investors, called by 15 I'd like to answer all of your questions here 16 the Attorney one of the largest frauds in 16 today. Mr. Scarola, even though they're irrelevant; 17 South orida's history. 17 however, on advice of Counsel, at least today, I'm 18 Mr. Scarola, as l would like to respond to the 18 going to have to assert my Fifth, Sixth and 14th 19 questions regarding of your underage girls, the 19 Amendment Right. 20 fondling or the other questions you've asked me 20 MR. SCAROLA: Move to strike as unresponsive. 21 here today, unfortunately, I cannot on advice of 21 BY MR. SCAROLA: 22 Counsel answer those questions, so I must assert my 22 Q. Your Complaint at page 27, paragraph 49, says 23 Fifth, Sixth and 14th Amendment Rights, though 23 that: "BRA and the litigation team took an emotionally 24 these questions arc totally irrelevant to this 24 driven set of facts involving alleged innocent, 25 lawsuit. 25 unsuspecting, underage females and a Palm Beach billionaire, and sought to turn it into a gold mine," 1 the cases based on the merits, that is, facts which 2 end of quote. 2 included knowledgeable, voluntary and consensual actions 3 Who is the Palm Beach billionaire referred to 3 by each of the claimants." 4 in that sentence? 4 A. Yes. 5 A. On advice of Counsel today, Mr. Scarola, 5 Q. Who are the claimants that you're referencing 6 though I would like to answer each one of your 6 there? 7 questions, Pm going to have to assert my Fifth, Sixth 7 A. They're the prostitutes you referred to in the 8 and 14th Amendment Right. 8 past, sir. 9 Q. What is the emotionally driven set of facts to 9 Q. What are their names? 10 which you make reference in that sentence? 10 A. I think the prostitutes' names were — the 11 A. It's the same set of facts that were used by 11 prostitute that you described before was L.M. 12 the Rothstein firm to fleece unsuspecting investors out 12 With respect to the others, I ping to have 13 of millions of dollars, crafting, fabricating malicious 13 to claim the Fifth, Sixth and l4t1tA dment, sir. 14 cases of a sexually charged nature with no fundamental 14 Q. So one of the indiviiltals that 're 15 basis whatsoever, reported wildly by the press. The 15 referencing there is L.M.; hTat correct? 16 U.S. Attorney has accused Mr. partner of not — 16 A. It's -- the indi dual I've referenced is a 17 excuse me — Mr. partner sits currently in 17 person who filed Qc im against me. 18 jail, pled guilty to some of these charges. There are 18 Q. Is it L 19 other members of his firm under investigation for just 19 A. It is L. , as as I know from the claim. 20 these types of questions and fabrications. 20 sir. 21 But, however, today, though I'd like to answer 21 • 0 ' . So one of the people that you're 22 every one of your questions with specificity, on advice 22 i - , • L.M., who you've identified as L.M.; is 23 of Counsel I'm not going to be able to, Mr. Scarola, and 23 .:' •i - 24 respectfully decline based on my Fifth, Sixth and 14th 24 th respect to that question, sir, on advice 25 Amendment Right. oaf. ounsel, Fm going to have to assert my Fifth, Sixth 777 Page 11 Page 11' 7 attorney/client privilege, sir. 7 have to assert my Fifth, Sixth and lath Amendment Right. 13 litigation, of having my attorneys prepare 1 Q. What day are you prepared to answer all these 1 and 14th Amendment. 2 questions? 2 Q. What are the voluntary and consensual actions 3 MR. PIKE: Form. Attorney/client and 3 by L.M. that you are referencing there? 4 product. 4 A. Sir, though I'd like to answer each one of 5 THE WITNESS: That's attorney 5 your questions here today, Fm going to have to 6 could answer that question as well, ut ifs f 6 respectfully decline based on advice of my Counsel, and 8 BY MR. SCAROLA: 8 Q. What are the damages that you claim to have 9 Q. Your Complaint says er than 9 suffered as a consequence of any wrongdoing on the pan :0 evaluating and resole e aced on the merits," 10 of IIIIP II open parens, "i.e., close parens, "which 11 MR. PIKE: Form. 12 included kno - e, terry and consensual actions 12 THE WITNESS: The cost of ridiculous :3 by each of " et cetera. 'mans :4 that are referenced 14 responses to wildly irrelevant discovery in various :5 there 15 locations at a minimum, sir. 6 A. I I'm sorry. You have to repeat the 16 BY MR. SCAROLA: 17 question. 17 Q. Which lawyers? :8 Q. Yes, sir. Your Complaint says,: -- 18 A. Burman Critton, Jack Goldberger, and a bunch :9 MR. PIKE: Page? 19 of the others, sir. 20 Q. — "rather than evaluating" — 20 Q. Which ones? Name them forme, please. 21 MR. PIKE: Can you give me a page, sit? 21 A. Specifically — I have so many lawyers 22 MR. SCAROLA: Page 27, paragraph 49, second 22 defending me here against Mr. ME, I can't sit 23 sentence. 23 here — at the moment I can't recall it with 24 BY MR. SCAROLA: 24 specificity. 25 Q. Quote, "rather than evaluating and resolving 25 Q. You don't remember any of your lawyers' names' 1 A. . Edo. 1 Q. Are you paying him on an hourly basis? 2 Q. Besides Mr. — besides the Burman Critton firm 2 A. I believe so. 3 and Mr. Goldberger? 3 Q. What's the hourly rate? 4 A. Are you asking me for the firm, sir, or are 4 A. I don't blow, sir. 5 you asking me for the names? 5 Q. How much have you paid Alan Dershowitz? 6 Q. I want as much information as you can give me 6 A. Hundreds of thousands of dollars. 7 about this clement of damage which you claim; and, that 7 Q. Arc you paying him on an hourly basis? 8 is, the cost of legal services that you claim to be 8 A. I believe so. 9 damages in this case. 9 Q. At what hourly rate? 10 A. Okay. 10 A. I don't know, sir. 12 THE WITNESS: Mr. Roy Black. 12 you paid Jay Lefkowitz? 13 BY MR. SCAROLA: 13 A. I'm not sure, sir. /I, 14 Q. Okay. Who else? 14 Q. Do you have any idea at all? 15 A. Mr. Marty Weinberger. Mr. Alan Dershowitz. 15 A. More than a hundred thousand dollars. 16 Mr. Jay Lcfkowitz. The firm of Duman Critton Lutticr. 16 Q. Are you pay g him on an hourly basis? 17 That's it for the moment. 17 A. Yes, sir. 18 Q. How much have you paid the law firm of Burman 18 Q. What' tc? 19 Critton and Lutticr which you claim is damages? 19 A. I don 20 A. Hundreds of thousands of dollars, sir. 20 Q. t is nn of payment to your lawyers? 21 Q. How much? 21 H money to them? 22 A. I don't have that figure °Oland. 22 A. do }MOW, sir. 23 Q. Can you give us any better figure than 23 . PIKE: Form. 24 hundreds of thousands of dollars? 24 •. SCAROLA: 25 A. No, not sitting here today. s. Pardon me? 11 MR. PIKE: Form. And move to strike. 11 Q. How much arc you paying Jay — how much have 1 Q. Arc you paying them on an hourly basis? A. I don't know. 2 A. Yes, sir. 7 2 Q. Does someone do that on your behalf? 3 Q. What is the hourly rate at which yo 3 A. I would guess so. 4 compensating members of the law firm? 4 Q. Who? 5 A. They're ordinary rates. 5 A. I don't know. 6 Q. What are they? 6 MR. PIKE: Form. 7 A. I don't know. 7 BY MR. SCAROLA: 9 A. I'm not aware total 9 payment on your behalf? 10 Q. What is the ly rate which you're paying 10 A. With respect to that question, I'm going to 12 A. His .. . our tc. 12 Q. Are there any other elements of damage, apart 1 3 Q. How, that? 13 from the money paid to lawyers? 1 4 A. I, i . 14 A. Ycs, sir. 15 eh have you paid Mr. Black which ,..).i 15 Q. What? 16 claim as es in this case? 16 A. The stress and emotional damage of imperiling 17 A. H of thousands of dollars. 17 my friendships and business relationships with no 1 8 Q. Are you paying him on an hourly basis? 18 relevance whatsoever to these cases, brought by a firm 20 Q. What is the hourly rate? 20 in discovery to harass my friends and social contacts 21 A. I'm not —I do not know, sir. 21 with no consideration or relevance to this case 22 Q. How much have you paid Marty Weinberger? 22 whatsoever, in an attempt to simply fleece — partly 23 A. I don't know the exact amount, sir. 23 fleece investors in South Florida out of millions of 24 Q. What's your best estimate? 24 dollars, sir. 25 A. More than a hundred thousand dollars. 25 Q. What is the value of those losses? 8 Q. How much have you ' Mr. Goldberger? s Q. Who arc the people who arc authorized to make 1 1 Mr. Goldberger? 11 have to assert the Fifth, Sixth and 14th Amendment, sit. 19 A. I believe so. 19 that whose partner sits in a Federal prison, who engaged 1 MR. PIKE: Form. 1 MR. SCAROLA: Hopefully they will. 2 THE WITNESS: I'm not sure yet, sir. 2 THE WITNESS: Yes. 3 BY MR. SCAROLA: 3 MR. PIKE: Move to strike. 4 Q. Do you have any idea at all? 4 THE WITNESS: I will respectfully decline to 5 A. Not sitting here today. 5 answer that. 6 Q. More or less than S10? 6 BY MR. SCAROLA: 7 MR. PIKE: Form. 7 Q. On what basis? 8 THE WITNESS: I would guess it's more than s A. Attorney/client privilege. 9 SIO, sir. 9 MIL PIKE: And work product. 10 BY MR. SCAROLA: 10 BY MR. SCAROLA: 11 Q. More or less than a hundred? 11 Q. Any other elements of damage? 12 A. I would guess it's quite an amount of money. 12 A. Not — there might be, but sit " g here today, 13 Q. Is it more or less than a hundred? 13 I can't think of them. 14 A. Yes, sir. 14 Q. Do you have written s any of your 15 Q. Mom or less than a thousand? 15 lawyers? 16 A. I would say it's more than 150,000. 16 A. I don't know. 17 Q. More or less than a million? 17 Q. Who does 18 A. I don't know, sir. 18 A. I don't w. 19 Q. So somewhere between '50,000 and a million? 19 MR. S OLA Lets take a shop break. We 20 A. No, sir. It's not — 20 may fin' 22 witness' testimony. 22 23 THE WITNESS: No, sir. That's not what I 23 recess.) 25 BY MR. SCAROLA: :18 p.m. 21 MR. PIKE: Form. Mischaracterizes the 21 D RAPHER: We are now off the record a! 24 said. I said, I did not know. 24 DEOGRAPI IER: We are back on video record it 1 Q. Maybe more than a million? 2 A. Maybe. 2 Q. Do you attribute all of the damages that you 3 Q. More or less than a billion? 3 have described to Mr. conduct? 4 MR. PIKE: Form. 4 MR. PIKE: Form. 6 BY MR. SCAROLA: 6 how to proportion the conduct as opposed to 7 Q. Maybe more than a billion? 7 Mr. and his partner who sits in jail. I B A. Maybe more. s guess the U.S. Attorney will also make a decision 10 the value of that loss ' 10 to both damages and anything else he's done in this 11 MR. PIKE: y/client, work product. 11 case, sir. 12 To the ou answer without 12 BY MR. SCAROLA: 13 disclosin ur c crsations or the conversations 13 Q. But I'm not asking you about what the U.S. 14 with o omcys that you've delineated, 14 Attorney's opinion is. 15 15 I want to know whether you hold Mr. 16 BY MR. AROLA: 16 responsible for all of those elements of damage that you 17 Q. Or ou can just take the signal and say, I 17 have described to us. 18 refuse to answer because it's attorney/client privilege. 18 A. Its a difficult question to answer, 19 A. I resent that. 19 Mr. Scarola. 20 MR. PIKE: Move to strike. 20 Q. No, its easy. Yes. no, or I don't know. 21 THE WITNESS: But it's okay. You can continue 21 MR. PIKE: Mr. Scarola, you know as well as I 22 to try to harass me, sir. It doesn't work. The 22 do, the witness is attempting to answer your 23 ladies and gentlemen of the jury, hopefully when 23 question. 24 they see the deposition will recognize and see 24 MR. SCAROLA: I don't think so. I think he's 25 these pile of tricks. The answer— 25 attempting to evade all of my questions. BY MR. SCAROLA: 5 THE WITNESS: I don't know.!\` 5 THE WITNESS: As a participant —I don't know 9 Q. How are you going to finding out what 9 to how much the conduct and proportion is relevant 1 MR. PIKE: And I understand your contention. 1 the record. Mr. Scarola represents Mr. in 2 However, if you would, allow Mr. Epstein to finish 2 this case; is that correct, Mr. Scarola? 3 his response. 3 MR. That's correct. 4 THE WITNESS: Could you repeat your question? 4 MR. SCAROLA: Yes. 5 BY MR. SCAROLA: 5 MR. PIKE: And in this particular case, 6 Q. Do you hold Mr. responsible for all of 6 Epstein versus Rothstein, et al, Mr. who 7 the damages that you have described? 7 do you ificall represent? 8 MR. PIKE: Fonn. 8 MR. L.M. 9 THE WITNESS: It's difficult for me to 9 MR. PIKE: Okay. I believe that if you follow 10 proportion Mei:Sesta: — that I have described 10 through with questioning, you have an 11 between Mr. ,his partner, who is currently :1 irreconcilable conflict with regard to the other 12 in jail, his — the other people named in the 12 case in which you represent L.M. and L.M. 13 Complaint. Hopefully a jury will do that. 13 I cannot stop you from asking any questions; 14 BY MR. SCAROLA: .4 however, if you do move forward with asking 15 Q. Do you hold L.M. responsible for all of the :5 questions, I will take the appropriate action. 16 damages you have described? 16 MR. SCAR iiibehalf — on behalf of in> 17 MR. PIKE: Form. 17 client — 18 THE WITNESS: Again, these questions, these 18 MR. PI 19 ambiguous questions, as opposed to who 19 MR. ROL : — we do not accept your 20 participated, I would let Mr. and his 2 0 rise >. - t ethical 21 clients and his partners decide whose proportionate 21 c tt ties. 22 responsibility it is, sir. 22 t• : I That is absolutely fine for you to 23 BY MR. SCAROLA: 23 .i I just wanted to put it on the record 24 Q. So you defer to them? 24 am, by no means, going to prevent you from 25 MR. PIKE: Form. uestioning today. However, I wanted to put my 1 THE WITNESS: Asprionate to the 2 of damages, I think Mr. played a V anne 2 Okay. 3 role. I believe his partners potentially played 3 CROSS EXAMINATION 4 role. I've only had any contact with Mr. 4 BY MR. 5 sir. 5 Q. Mr. Epstein, is your sole basis for your claim 6 BY MR. SCAROLA: 6 against L.M. that she changed her testimony from the 7 Q. Which partners? 7 time she testified to the FBI in 2007? B A. Beg your pardon? 8 MR. PIKE: Form. To the extent you can answer 9 Q. Which partners, bcsid r and 9 that question without invading attorney/client, 10 Mr. Rothstein, do aim en ged in conduct that 10 work product, you can do so. 11 renders them liab t u? 11 THE WITNESS: Unfortunately, rd like to 12 A. I bcli n omplaint, sir. And I 12 answer that question, but I can't do so without 13 believe it's . Adl Mr. Berger. There's Mr. Scone. 13 invading attorney/elicit privilege. 14 Mr. Fist n, are not partners. 14 BY MR. 15 • erger, Mr. Adler — and I forgot the 15 Q. Is there anything in L.M.'s Complaint that was 16 names o others at the moment, sir, but it's in the 16 filed against you in September of 2008 which you contend 17 Complain . 17 to be false? 18 Q. Why didn't you sue them? 18 MR. PIKE: Asked and answered. 19 MR. PIKE: Form. 19 THE WITNESS: I recognize, Mr. M, again. 20 THE WITNESS: Attorney/client privilege, sir. 20 the concept of attempting me to get to waive my 21 MR. PIKE: Work product. 21 Fifth Amendment privilege; however, in this lawsuit 22 MR. SCAROLA: I have no further questions. 22 I've answered questions with respect to your 23 MR. I have three or four questions. 23 lawsuit. And with regard to the question you just 24 That's it. 24 asked, I'm going to have to, unfortunately, assert 25 MR. PIKE: Okay. 'just want to be clear for 25 my Fifth Amendment, Sixth Amendment and 14th contention on the record. 1 Amendment Right. 1 notations on the Complaint? 2 But I'm willing to listen to any other 2 MR. PIKE: Form. Mischaracterizes testimony. 3 questions u ma have. 3 THE WITNESS: My testimony was, I only read 4 MR. : Finished. 4 the black letter and partially because I cannot see 5 MR. PIKE: I have a couple questions. 5 thoroughly through these glasses, sir. 6 CROSS EXAMINATION 6 BY MR. SCAROLA: 7 BY MR. PIKE: 7 Q. Is it your contention that those glasses did 8 Q. Mr. Epstein, earlier in the deposition 8 not sufficiently correct your vision to be able to read 10 filed in the Epstein versus Rothstein, Roscnfeldt and 10 to you? i1 Adler, et al. Do you recall that? 11 MR. PIKE: Form. 12 A. Yes, sir. 12 THE WITNESS: Again, play this game 13 Q. And then I showed you page 2 of a Complaint 13 back and forth. What !just I think I 14 that I had my notes on, correct? 14 was very clear, that I di. notes. I 15 A. Yes. 15 said— 16 Q. Did you read the black type or did you read 16 BY MR. SCARO 17 the handwritten notes in the comers of the Complaint. 17 Q. What yo couldn't read the 18 that particular page that I showed you? 18 notes? 19 A. Unfortunately, my eyesight is not good enough 19 MR. P : Al w the witness to finish. 20 to read the notes. I only read the black letter. 20 THE : Let me finish. And what I said 21 Q. And it was that one sentence, correct? 21 w these glasses it would be almost 22 A. It was two sentences, I believe, but, yes. 22 for me to read the notes on the page. 23 MR. PIKE: Thank you. 23 AROLA: 24 We'll read. 24 es, sir. So your contention is, that those 25 REDIRECT EXAMINATION I s do not adequately correct your vision to be able 9 Mr. Scarola was reading from page 2 of the Complain' 9 the handwritten notations on the papers that were handed 1 BY MR. SCAROLA: to read the handwritten notations; is that correct? 2 Q. What is your eyesight? 7 2 MR. PIKE: Form. 3 A. Sorry? 3 THE WITNESS: In this particular instance, 4 Q. What is your eyesight? 4 sir, these glasses did not. I'm not saying they 5 A. My eyesight? A 14\ JEFFREY EPSTEIN Job #1358 CO S ### 1 ERRATA SIIEET 2 IN RE: EPSTEIN ET AL CR: S. TOWNS 3 DEPOSMON OF: JEFFREY EPSTEIN 4 TAKEN: 3/17/10 JOB NO.: 1358 6 DO NOT WRITE ON TRANSCRIPT - ENTER 1 7 PAGE N LINEN CHANGE REASON t er 18 Please forward the migim1signed errata sheet to this office so that copies may be dtstributed to all parries. Linder penalty of pi:May.1(1:0mo that read my 20 deposition and that it is true and correct subject to any changes in form or substance entered here. 22 DATE: 24 SIGNATURE OF DEPONENT: #291874/mep IN THE CIRCUIT COURT OF THE\ FIFTEENTH JUDICIAL CIRCUIT, IN AND\ FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTHSTEIN, individually,\ [REDACTED] J. [REDACTED], individually, and\ L.M., individually, Defendant(s).\ \_\_\_\_\_/ DEFENDANT [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] INTERROGATORIES\ TO PLAINTIFF JEFFREY EPSTEIN Defendant/Counterplaintiff, [REDACTED] J. [REDACTED], hereby gives notice that pursuant to Rule 1.340(e), Florida Rules of Civil Procedure, that General Interrogatories numbered 1 through 16 have been directed to Plaintiff/Counterdefendant, Jeffrey Epstein, this 16th day of September, 2010. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Fax and U.S. Mail to all Counsel on the attached list on this 16th day of September, 2010. ![](<>)Jack Scarola Florida Bar No.: 169440 Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorney for [REDACTED] J. [REDACTED] Case No.: 502009CA040800XXXXXMBAG\ [REDACTED] Interrogatories to Jeffrey Epstein **COUNSEL LIST** Jack A. Goldberger, Esquire\ jgoldberger@agwpa.com; smahoney@agwpa.com\ Atterbury, Goldberger & Weiss, P.A.\ 250 Australian Avenue South, Suite 1400\ West Palm Beach, FL 33401\ Phone: (561)-659-8300\ Fax: (561)-835-8691\ Attorneys for Jeffrey Epstein Gary M. [REDACTED], Esq.\ [REDACTED], Jaffe, Weissing, [REDACTED], Fistos & Lehrman, PL\ 425 N. Andrews Avenue, Suite 2\ Fort Lauderdale, FL 33301\ Phone: (954)-524-2820\ Fax: (954)-524-2822 [REDACTED] E. Knight, Esq.\ [REDACTED] L. Ackerman, Esq.\ [REDACTED] Burnett, P.A.\ 777 S Flagler Drive, Suite 901\ West Palm Beach, FL 33401\ Phone: (561)-802-9044\ Fax: (561)-802-9976\ Attorneys for Jeffrey Epstein Marc S. Nurik, Esq.\ Law Offices of Marc S. Nurik\ One E Broward Blvd., Suite 700\ Fort Lauderdale, FL 33301\ Phone: (954)-745-5849\ Fax: (954)-745-3556\ Attorneys for Scott Rothstein ### DEFENDANT/COUNTERPLAINTIFF, J. INTERROGATORIES TO PLAINTIFF/COUNTERDEFENDAN, EPSTEIN (If answering for another person or entity, answer with respect to that sgn or entity, unless otherwise stated.) - 1. What is the full name and Florida address of the, answering these interrogatories, and, if applicable, the person's official p on or relationship with the party to whom the interrogatories are directed?\_ - 2. What is your best estimatez the number of minor females' with whom you have had physical contact hitt last 10 years, when at the time of the physical contact: - a. i e)4( St e genitals or breasts of the minor female were exposed the minor female was clothed only in underwear tals were exposed • &quot; minor females" is defined as females who were known by you at the time or who are now known to you to have been under 18 years of age at the time of your interaction with them, and females who you now have reason to believe may have been under 18 years of age at the time of your interaction with them. - 3. What is your best estimate of the number of times in the last 10 years when you have had physical contact with minor females when at the time of the physical contact: - a. your genitals were exposed - b. the genitals or breasts of the minor female were - c. the minor female was clothed only in tmderw 4 S) - 4. What is your best estimate number of times you have witnessed Ghislaine Maxwell engage in sexu twit with minor females? - 5. Mattis the total obligation that has been incurred to date for both fees and costs, -(both paid and currently owing) in connection with your representation in this lawsuit? • &quot;sexual activity" for purposes of these interrogatories means any physical contact with the genitals or exposed breasts of another person. - 6. With regard to the last time you engaged in sexual activity with a minor, state the following: - a. the identity of the minor (name and last known address) - b. the date 444" - c. the location l O - d. a description of the sexual activity /S ) - 7. Describe in detail all information, written or oral, which William Scherer or any attorney or agent of the law firm of Conrad Scherer has provided to you or your attorne s h a any allegation which has been asserted in this case against \_Describe in your own words all interaction you have had with the individual identified in this action as L.M., including but not limited to the dates, places, participants in, witnesses to, and a description of all sexual activity involving L.M. - 9. What is the name and last known address of eery healthcare provider with whom you have treated or been evaluated for any sexual disorder? 444/ - 10. List all former names and when you were known ht- Onse ames. State all addresses where you have lived for the past 10 years', the dates you lived at each address, your Social Security number, and your dote °third\]. - 11. Have you ever been convicted ( \\fva crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of th punishment? ii..., If so each conviction: - (a;IS The specific crime; - (b) The date and place of conviction. AkS - 12. List the names and addresses of all persons who are believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. O -SA - 13. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other th yo elf, concerning any issue in this lawsuit? If so: IS ) - (a) State the name an&adcicss of each person who made the statement or statements. - (b) State the name and address of each person who heard it. N (e)" State the date, time, place and substance of each statement. - 14. State the name and address of every person known to you, your agents, or attorneys, who has knowledge about, or possession, custody or control of any physical evidence, model, plat, map, drawing, motion picture, video tape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. - 15. Have you made an a'ettme with anyone that would limit that party's liability to anyone for any the \*naps sued upon in this case? If so, state the terms of the agreement and tje parp to it. - 16. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter and if so, state whether you were plaintiff or defendant, the nature of the action, the date and court in which such suit was filed, the nature of the disposition of each matter, and (if the matter has been settled) describe all terms and conditions of the settlement including the nature and amount of all consideration paid by you or on your behalf in contistaion with each settlement. J O STATE OF 'C)C COUNTY OF ) The foregoing instrument o Tedged before me this day of, 20 , by, who is personally known to me or who has produced 0 as identification and who did did/ not take an oath. AS ' Illir (SEALi X'...) (Notary signature) (Notary name - print) NOTARY PUBLIC, State of Florida (Serial number, if any) IN THE CIRCUIT COURT OF THE 15Th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN Individually, J. Individually, an y Defendants/Counter-Plaintiffs. Complex Litigation, Fla.R.Civ.Pro. 1.201 Case No. 502009CA040800XXXXMBAG EctS # PLAINTIFF/COUNTER-DEFENDANT, JEFFRE.thEPSTEIN'S OBJECTIONS TO DEFENDANT/COUNTER-PLAINTIFF, GENERAL INTERROGATORIES DA Plaintiff/Counter-Defendant, Je Epstein, by and through his undersigned counsel, and pursuant to Florida Rules • • Procedure, files his objections to the General Interrogatories of Defendant/C ter aintiff, J. and would state as follows: 1. With regard to Interrogatories 2, 3, 4, 5, 6, 8, and 9, the Plaintiff/Counter-Defendant objectsibtse the interrogatories seek irrelevant information, are burdensome, are propounc;\\ purpose of harassment, and ask for information which is protected by the Fifth Am m t of the United States Constitution. 1. With regard to Interrogatories 10, II, and 16, the interrogatories seek information that is irrelevant, burdensome to produce, and unlikely to lead to discoverable information. 1. With regard to Interrogatory No. 7, the Plaintiff/Counter-Defendant objects on the grounds that the information is protected by work product and attorney-client privilege at this time. ## CERTIFICATE OF SERVICE I HEREBY CERTIFY that a trus. and correct copy of the foregoing has been duly furnished via O Email, O Facsimile, VU.S. Mail, O Hand Delivery, O Federal Express this /p 4I'day of October, 2010 to: 2139 Palm Beach Lakes Blvd. Searcy Denney Scarola Barnhart & Shipley, P.A Jack Scarola, Esq. West Palm Beach, FL 33409 C C) /S)C Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 Marc S. Nurik, Esq. Law Offices of Marc S. Nurik One E. Broward Blvd., Suite 709s.. Ft. Lauderdale, FL 33301 '..) ( S" crman, Jr. 54 BURNETT P.A. 901 oint est 777 Sou lagler Drive West Palm Beach, Florida 33401 Telephone: (561) 802-9044 Facsimile: (561) 802-9976 Attorneys for Jeffrey Epstein, Plaintiff/ Counter-defendant IN THE CIRCUIT COURT OF THE\ FIFTEENTH JUDICIAL CIRCUIT, IN AND\ FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff(s),\ vs. SCOTT ROTHSTEIN, individually,\ [REDACTED] J. [REDACTED], individually, and\ L.M., individually, Defendant(s). **NOTICE OF SERVICE OF INTERROGATORY TO JEFFREY EPSTEIN** [REDACTED] J. [REDACTED], hereby gives notice pursuant to Rule 1.340(e), Florida Rules of Civil Procedure, that an Interrogatory has been directed to Jeffrey Epstein, this 20th day of August, 2013. It is requested that the aforesaid answers be served within thirty (30) days at the offices of Searcy Denney Scarola Barnhart & Shipley, P.A., 2139 Palm Beach Lakes Boulevard, West Palm Beach, Florida, 33409. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 20th day of August, 2013. ![](<>)JACK SCAROLA\ Florida Bar No.: 169440 Primary E-mail: jsx@searcylaw.com Secondary E-mail(s): mep@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorneys for [REDACTED] J. [REDACTED] [REDACTED] adv. Epstein Notice of Service of Interrogatory to Jeffrey Epstein Case No.: 502009CA040800XXXXXMBAG ### COUNSEL LIST Jack A. Goldberger, Esquire\ jgoldberger@agwpa.com;\ smahoney@agwpa.com\ Atterbury, Goldberger & Weiss, P.A.\ 250 Australian Avenue South, Suite 1400\ West Palm Beach, FL 33401\ Phone: (561)-659-8300\ Fax: (561)-835-8691\ Attorneys for Jeffrey Epstein [REDACTED] J. [REDACTED], Esquire\ staff.efile@pathtojustice.com\ [REDACTED], Jaffe, Weissing, [REDACTED], Fistos &\ Lehrman, FL 425 North Andrews Avenue, Suite 2\ Fort Lauderdale, FL 33301\ Phone: (954) 524-2820\ Fax: (954) 524-2822 Fred Haddad, Esquire\ Dee@FredHaddadLaw.com;\ haddadfm@aol.com\ Fred Haddad, P.A.\ One Financial Plaza, Suite 2612 Fort Lauderdale, FL 33394\ Phone: (954)-467-6767\ Fax: (954)-467-3599\ Attorneys for Jeffrey Epstein Marc S. Nurik, Esquire\ marc@nuriklaw.com\ Law Offices of Marc S. Nurik\ One E Broward Blvd., Suite 700\ Fort Lauderdale, FL 33301\ Phone: (954)-745-5849\ Fax: (954)-745-3556\ Attorneys for Scott Rothstein Tonja Haddad Coleman, Esquire\ tonja@tonjahaddad.com;\ Debbie@Tonjahaddad.com\ Tonja Haddad, P.A.\ 315 SE 7th Street, Suite 301\ Fort Lauderdale, FL 33301\ Phone: (954)-467-1223\ Fax: (954)-337-3716\ Attorneys for Jeffrey Epstein adv. Epstein Notice of Service of Interrogatory to Jeffrey Epstein Case No.: 502009CA040800XXXXMBAG ### INTERROGATORY TO JEFFREY EPSTEIN (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) - A. With regard to all communications that occurred at any time,prior to the filing of your civil lawsuit against in which comm cation you expressed the position that was a knowing natttripantin the efforts of Scott x./ Rothstein to defraud investors (the Scott Rojpstein\\p, ' scheme) or that -..\* \\ i engaged in any misconduct 4 rela ' e Scott Rothstein Ponzi scheme, state the following: - I. a detailed description of the conte iecommunication; - 2. all participants in and parties,to ilieoltirnunication; - 3. the date, time, place and e utistances of the communication including how the communication was - 4. whether, when, how and why the contents of the communication were ever subsequently 4t related to any other rson; - 5. whether\_; manner an if so, the identity of everyone having custody of such memorialization. A/c B.\\ With regard to any request, direction, or authorization to sue communicated by you at any time prior to the filing of your civil lawsuit against state the following: w the contents of the communication were ever memorialized in any - 1. a detailed description of the contents of the communication; - 2. all participants in and parties to the communication; adv. Epstein Notice of Service of Interrogatory to Jeffrey Epstein Case No.: 502009CA040800X.XXXMBAG - 3. the date, time, place and circumstances of the communication including how the communication was made; - 4. whether, when, how and why the contents of the communication were ever subsequently related to any other person; - 5. whether and how the contents of the communication were ever memollrted in any manner and, if so, the identity of everyone having custody of such mein melon. In the event that you claim that any responsive infaEmatign sought by these interrogatories is privileged, identify every privilege purst c ) win you claim protection. STATE OF ( S" COUNTY OF V The foregoing instrum nt cknowledged before me this day of, 20 by, who is personally known to i me or who has produced llt, as identification and who did/did not take an oath. ?S i \\O (SEAL1- (Notary signature) (Notary name - print) NOTARY PUBLIC, State of Florida (Serial number, if any) IN COUNTY, ### IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT AND FOR PALM BEACH FLORIDA JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, Case No. 50 2009 CA 040800XXXXMBAG vs. SCOTT ROTHSTEIN individually, J. individually, Defendant/Counter-Plaintiff. COS ### PLAINTIFF/COUNTER-DEFENDANT EPSTEIN'S AMENDED RESPONSES TO INTERR TORIES Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein"), by and through his undersigned counsel and pursuant to this Court's order and Rule 1.350 of the Florida Rules of Civil Procedure, hereby files his amended' responses to Defendant/Counter-Plaintiff Edward's term atones to Jeffrey Epstein as follows: A. With regard to logommunications that occurred at any time prior to the filing of your civil lawsuit against in which communication you expressed the position that was a knowing participant in the efforts of Scott Roth". to defraud investors (the Scott Rothstein Ponzi scheme) or that engaged in any misconduct relating to the Scott Rothstein Ponzi scheme, state the following: - 1. a detailed description of the contents of the communication; &#x27; As per the trial court's order and pending hearing, Epstein is not responding as to any communication that may have occurred with counsel. - 2. all participants in and parties to the communication; - 3. the date, time, place and circumstances of the communication including how the communication was made; - 4. whether, when, how and why the contents of the communication were ever subsequently related to any other person; - 5. whether and how the contents of the communication were ever memorialized in any manner and, if so, the identity of everyone having custody of such memorialization. ANSWER: No such non-privileged communication occurred. In other words, I never had any conversation regarding the propriety of filing suit against Rothstein and with anyone other than my counsel(s), which would require the disclosure of information that is protected by the attorney/client privilege. United Services Auto. Ass'n. v. Roth, 859 So. 2d 1270, 1271 (Fla. 4th DCA 2003); Nevin v. Palm Beach County School Bd., 958 So. 2d 1003 (Fla. 1st DCA 2007). Accordingly, I assert the attorney/client privilege as provided for in § 90.502 of the Florida Statutes. B. With regard to any request, direction, or authorization to sue communicated by you at any time prior to the filing of your civil lawsuit against state the following: - 1. a detailed description of the contents of the communication; - 2. all participants in and parties to the communication; - 3. the date, time, place and circumstances of the communication including how the communication was made; - 4. whether, when, how and why the contents of the communication were ever subsequently related to any other person; - 5. whether and how the contents of the communication were ever memorialized in any manner and, if so, the identity of everyone having custody of such memorialization. ANSWER: No such non-privileged communication occurred. In other words, I never had a conversation as delineated above with anyone other than my counsel(s), which would require the disclosure of information that is protected by the attorney/client privilege. United Services Auto. Ass 'n. v. Roth, 859 So. 2d 1270, 1271 (Fla. 4th DCA 2003); Nevin v. Palm Beach County School Bd, 958 So. 2d 1003 (Fla. 1st DCA 2007). Accordingly, I assert the attorney/client privilege as provided for in § 90.502 of the Florida Statutes. WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon all parties listed below, via Electronic Service, this November 5, 2013. /s/ Tonja Haddad Coleman Tonja Haddad Coleman, Esq. Fla. Bar No.: 0176737 LAW OFFICES OE TOMA HADDAD, PA 315 SE 7th Street Suite 301 "tort Lauderdale, Florida 33301 954.467.1223 4.337.3716 (facsimile) Tonja@tonjahaddad.com (,) ![](<>)STATE OF NEW YORK )\ ) \$\$.:\ COUNTY OF NEW YORK ) Before me, the undersigned authority, this day personally appeared Jeffrey Epstein, who being personally known to me, and who first being duly sworn, says that he has read the foregoing, Amended Responses To Interrogatories, and that all of the matters therein are true and correct, this November 5, 2013. ![](<>)NOTARY/PUBLIC, STATE OF NEW YORK HARRY J. BELLER\ Neterv Public, State of New York\ No. 01574891994\ Qualified in Rockland County\ Commission Executs Feb. 17, 20 14 NOTA CERTIFIED COPY # SERVICE LIST CASE NO. 502009CA040800XXXXMBAG Jack Scarola, Esq. jsx®searcylaw.com; mep®searcylaw.com Searcy Denney Scarola et al. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Jack Goldberger, Esq. jgoldbergen@agwpa.com; smahoney®agwpacom 250 Suite 1400 Australian Ave. South aic Atterbury, Goldberger, & Weiss, PA West Palm Beach, FL 33401 t s Marc Nurik, Esq. 1 East Broward Blvd. Suite 700 Fort Lauderdale, FL 33301 ) O o ) S athtojustice.c -4C J. a, Esq. ' Jaffe Weissina Fistos Lehrman Fort Lauderdale, Florida 33301 425 N Andrews Avenue Suite 2 ( S \\ Fred Haddad, Esq. Dee®FredHaddadLaw.com 1 Financial Plaza Suite 2612 Fort Lauderdale, FL 33301 Tonja Haddad ColemanIcAtfire Tonja@tonjahaddad.com; efiling®tonjahaddad.com Law Offices of Tonja Haddad, P.A. 315 SE 7th Street, Suite 301 Fort Lauderdale, FL 33301 Attorneys for Jeffrey Epstein W. Chester IME, Jr. One Clearlake Center Suite 1400 250 Australian Avenue South West Palm Beach, Florida 33401 wcblaw®aol.com; wcbcg®aol.com