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+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008
+Paged bof 1Dg
+ELECTRONIC
+July 18, 2008
+S. D. OF FLA
+D.C.
+UNITED STATES DISTRICT COURT
+SOUTHERN DISTRICT OF FLORIDA
+08-80804-Civ-MARRA/
+CASE NO.:
+JANE DOE,
+a/k/a JANE DOE #1,
+Plaintiff,
+VS.
+JEFFREY EPSTEIN,
+and
+Defendants.
+NOTICE OF REMOVAL
+In accordance with 28 U.S.C. §§ 1441, 1446, and 1332(a)(1), the defendants,
+Jeffrey Epstein,
+, and
+L, hereby remove this action' from
+Palm Beach County Circuit Court to the United States District Court for the
+Southern District of Florida, and respectfully state as follows:
+Introduction
+Six months ago, this plaintiff filed virtually the identical lawsuit in this
+Court. See Jane Doe #1 v. Epstein, Case No. 08-cv-80069-KAM (S.D. Fla. filed
+Doe v. Epstein et al., Case No. 50 2008 CA 006596 XXXX MB (Fla. 15th Cir. Ct.
+filed Mar. 6, 2008).
+1 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 2 of 100
+Jan. 24, 2008) (the "First Federal Action"). The First Federal Action named
+Jeffrey Epstein as the sole tortfeasor, made the identical operative allegations as
+the instant Amended Complaint, and demanded damages of $50 million. (The
+amount of the demand against Epstein is evidently the product of recent reports in
+the press that Epstein is wealthy.)
+The First Federal Action was quickly followed by a series of substantially
+identical "Jane Doe" lawsuits, all filed by the same attorney in a three-month span.
+Compare Jane Doe #/ v. Epstein, Case No. 08-cv-80069-KAM (S.D. Fla. filed
+Jan. 24, 2008), with Jane Doe #2 v. Epstein, No. 08-CV-80119-KAM (S.D. Fla.
+filed Feb. 6, 2008) (asserting identical causes of action based on the same operative
+allegations), Jane Doe #3 v. Epstein, No. 08-CV-80232-KAM (S.D. Fla. filed Mar.
+5, 2008) (same), Jane Doe #4 v. Epstein, No. 08-CV-80380-KAM (S.D. Fla. filed
+Apr. 14, 2008) (same), and Jane Doe #5 v. Epstein, No. 08-80381-CV-KAM (S.D.
+Fla. filed Apr. 14. 2008) (same).
+On February 20, amid these filings, Jane Doe #1 was deposed in State of
+Florida v. Jeffrey Epstein, 502006CF009454AXXXMB (Fla. 15th Cir. Ct., filed
+Jul. 19, 2006), a parallel state-court criminal action. During that deposition, she
+made numerous admissions that completely undermined the allegations against
+Epstein that she had pled in her complaint. A copy of her deposition, with names
+2
+= Teinr..
+3059 GRAND AVENUE, SuITE 340, COCOMUT GROVE, FLOMIDA 33133
+2 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 3 of 100
+redacted, is attached hereto (Exhibit A). Two days later, counsel for Jane Doe #1
+filed a notice of voluntary dismissal without prejudice in the First Federal Action.
+See Doe #1 v. Epstein, Case No. 08-CV-80069-KAM, DE 9.
+Two weeks later (March 6, 2008), having changed lawyers, Jane Doe #1
+refiled her complaint in Florida Circuit Court as the instant case, adding two
+nominal defendants:
+Mr. Epstein's personal secretary, and
+one of Jane Doe #I's contemporaries. These defendants have nothing to
+do with the plaintiff's case against Mr. Epstein, except that the presence of
+as a defendant in this new case, because she is a citizen of Florida (Am.
+Compl. 94), would ostensibly prevent complete diversity.?
+As discussed below, however,
+was named in the refiled
+lawsuit only to destroy diversity jurisdiction, and to prevent any application of 18
+U.S.C. § 3509(k), a mandatory stay provision applicable in federal court. Haley
+• Defendant
+is a citizen of New York (Am. Compl. 9. 5), and is therefore a
+nonresident defendant for purposes of diversity jurisdiction and removal.
+3 Section 3509(k) of Title 18, United States Code, provides as follows:
+If, at any time that a cause of action for recovery of compensation for
+damage or injury to the person of a child exists, a criminal action is pending
+which arises out of the same occurrence and in which the child is the
+victim, the civil action shall be stayed until the end of all phases of the
+criminal action and any mention of the civil action during the criminal
+proceeding is prohibited. As used in this subsection, a criminal action is
+ending until its final adjudication in the trial court
+3
+Teinr
+3 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 4 of 100
+besides having nothing to do with the substantive allegations of the
+plaintiff's $50,000,000 case, is a community-college student with no assets
+whatever.
+Even if this case purports to identify a new (and strategically nondiverse)
+tortfeasor, the refiled lawsuit is still directed against only one defendant—Jeffrey
+Epstein. Then and now, the operative allegations are the same: Jane Doe alleges
+that Jeffrey Epstein assaulted her "in violation of Chapter 800 of the Florida
+Statutes."*
+(Am. Compl. " 18) To sharpen her lawsuit, the plaintiff says she is
+seeking damages in connection with a "conspiracy" (Am. Compl. 9| 22), a "plan"
+(Am. Compl. 1| 32), a "scheme" (Am. Compl. 9 32), and an "enterprise" (Am.
+Compl. 1 32). These theories of liability, however, cannot be supported by the
+allegations in the Amended Complaint. Even if everything in the Amended
+Complaint were true, recovery against
+under any formulation, is
+impossible under Florida law.
+Focusing on the real parties to this controversy, the instant case could have
+(once again) been brought here in federal court—just like the four other "Jane
+18 U.S.C. § 3509(k) (emphasis added).
+* Chapter 800, Florida Statutes, is entitled, "Lewdness; Indecent Exposure."
+4
+Tein"..
+3059 GRAND AVENUE, SUITE 340, CoCONUT GROVE, FLORIDA 33133
+4 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 5 of 100
+Doe" lawsuits presently pending against Epstein, filed by this plaintiff's former
+lawyer.
+This case is properly removed to federal court, first, because there is
+complete diversity among the real parties-in-interest, second, because the amount
+in controversy exceeds $75,000, and third, because this Notice complies with the
+requirements of 28 U.S.C. § 1446.
+Discussion
+A. This case is properly removable because it falls within the original
+jurisdiction of the United States Distriet Court for the Southern
+District of Florida.
+A state-court case is properly removable when "it could have been brought,
+originally, in a federal district court." Lincoln Prop. Co. v. Roche, 546 U.S. 81, 83
+(2005) (citing 28 U.S.C. § 1441(a)). This case was originally filed in federal
+district court, and it is the same case today. Even though it was reconfigured to
+look like a state-court lawsuit, this action falls squarely within the bounds of the
+diversity-jurisdiction statute. See 28 U.S.C. § 1332(a)(1) (establishing that federal
+district courts have original jurisdiction over cases where the amount in
+controversy [is more than $75,000] ... and [when the controversy] is between
+citizens of different states").
+5
+* Tein».
+5 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 6 of 100
+1. The amount in controversy in this action exceeds $75,000.
+This case is a duplicate of the First Federal Lawsuit. In that case, Jane Doe
+pled "damages in excess of $50 million." See Doe v. Epstein, No. 08-80069-KAM
+(S.D. Fla. filed Jan. 24, 2008) (Compl. 9 6). That allegation is now deleted and the
+Amended Complaint substitutes a generic prayer for relief. It is clear, however,
+that Jane Doe still seeks more than $75,000 in damages.
+This case, precisely like the First Federal Action, seeks damages in
+connection with an alleged assault. (Am. Compl. 1| 16-19.) The Amended
+Complaint alleges that Jane Doe "has suffered and will continue to suffer severe
+and permanent traumatic injuries, including mental, psychological, and emotional
+damages." (Am. Compl. 1 19.) These are the identical injuries Jane Doe asserted
+in the First Federal Action, and are no less serious simply because pled under a
+state-court caption. Cf., e.g.,
+v. Southwest Airlines, Co., 523 F. Supp. 2d
+812, 820 (N.D. III. 2007) (determining, in the context of diversity jurisdiction, that
+the $75,000 threshold had been satisfied, and "clearly [surpassed]," based on "the
+nature of the injuries alleged" in the complaint).
+' The Complaint seeks damages for "[more than]... $15,000." (Am. Compl. 96.) This
+boilerplate is routinely used in Florida pleading practice to trigger application of section
+26.012, Florida Statutes, the statute that establishes the jurisdictional amount required for
+filing in Florida's Circuit Court (as opposed to County Court).
+6
+6 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 7 of 100
+To cement this point, the Eleventh Circuit Court of Appeals has said that
+"[w]hen [a] complaint does not claim a specific amount of damages, removal from
+state court is proper if it is facially apparent from the complaint that the amount in
+controversy exceeds the jurisdictional requirement."
+V. Best Buy Co.,
+Inc., 269 F.3d 1316, 1319 (11th Cir. 2001). This case meets that standard, and
+satisfies the first prong of diversity jurisdiction.
+2. There is complete diversity among the real parties to this
+controversy.
+Diversity jurisdiction requires complete diversity. Carden v. Arkoma
+Assocs., 494 U.S. 185, 187 (1990) ("Since its enactment, we have interpreted the
+diversity statute to require 'complete diversity' of citizenship." (citing Strawbridge
+v. Curtiss, 7 U.S. (3 Cranch) 267, 267-68 (1806))). See also MacGinnitie v. Hobbs
+Group, LLC, 420 F.3d 1234, 1239 (11th Cir. 2005) (stating that "[c]omplete
+diversity requires that no defendant in a diversity action be a citizen of the same
+state as any plaintiff'). As demonstrated below, this case satisfies the statutory
+requirement of complete diversity.
+(a) Plaintiff Jane Doe is a citizen of Florida. (Am. Compl. 9 1.) °
+"Jane Doe may, in fact, be a citizen of Georgia, not Florida, as she pled in her Amended
+Complaint. See New York Post, Jul. 1, 2008 (reporting that "On his way into court [for
+his state-court guilty plea on June 30], Epstein was served with a copy of a lawsuit by
+Doe, who has since moved to another state."); Jane Doe Depo. at 77, 112 (indicating that
+7
+Tein"
+7 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 8 of 100
+(b) Defendant Jeffrey Epstein is a citizen of the U.S. Virgin Islands?
+(c) Defendant
+is a citizen of New York. (Am. Compl. 1 5.)
+3. Defendant
+was fraudulently joined to defeat diversity.
+"A non-diverse defendant who is fraudulently joined does not defeat
+diversity because his citizenship is excluded from the diversity calculus." Shenkar
+v. Money Warehouse, Inc., No. 07-20634-CIV, 2007 WL 3023531, at *1 (S.D. Fla.
+her twin sister lives with her mother in Georgia); Affidavit of
+at 9 I(stating, "I am the mother and natural guardian for Jane Doe #I" with jurat executed
+in Georgia before a Georgia notary), DE 4-2, Jane Doe No. 1 v. Epstein, Case No. 08-
+80069-Civ-Marra (1/29/08); Intervenor's Complaint, at 9| 2 (filed by "Jane Doe's Mother"
+and stating that "Jane Doe's Mother is a citizen and resident of the State of Georgia.").
+DE 5-2, Jane Doe No. 1 v. Epstein, Case No. 08-80069-Civ-Marra (1/29/08); Petition for
+Removal of Disability of Non-Age, at 11l 1, 2, 7 (filed "on behalf of S.D.G.," alleging that
+"The mother is Da[w]n Lavogue
+and her address is .... Ga.," and stating that
+"S.D.G. is also the unnamed party in a lawsuit filed by her father on her behalf in the
+U.S. District Court for the Southern District of Florida, Case No. 08-80069, which was
+filed without the consent of the mother"), In re
+Case No. 50 2008
+DR 001141 (Palm Beach Co. Family Ct.) (1/31/08). If this turns out to be the case, there
+is complete diversity, regardless of
+citizenship. Although the Eleventh Circuit
+has recently indicated that a district court may not conduct jurisdictional discovery under
+such circumstances, another division of this Court has since allowed it. Compare Lowery
+v. Ala. Power Co., 483 F.3d 1184, 1215-16, 1221 (11th Cir. 2007) (holding that
+jurisdictional discovery to determine citizenship upon removal is inappropriate), with
+Calixto v. BASF Constr. Chemicals, LLC, slip op., Case No. 07-60077-CIV-ZLOCH,
+2008 WL 1840717, *1 (S.D. Fla. Apr. 22, 2008) (ordering that parties "shall engage in
+jurisdictional discovery for the Court to determine the citizenship of BASF and whether it
+has subject-matter jurisdiction over this action")
+- The Amended Complaint erroneously states that Jeffrey Epstein is a citizen of New
+York.
+8
+- Teinr
+8 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 9 of 100
+Oct. 15, 2007) (Moreno, J.) (citing
+Mav. Merrill I Pierce, Fenner & .
+Inc., 292 F.3d 1334, 1337 (11th Cir. 2002)); accord, e.g., Tedder v. F.M.C. Corp.,
+590 F.2d 115, 117 (5th Cir. 1979) (denying motion to remand where two resident
+defendants were joined for the fraudulent purpose of defeating federal jurisdiction).
+In this case, the plaintiff relies on her original allegations to support three causes of
+action against
+civil conspiracy (Am. Compl. 19 20-23); Intentional
+Infliction of Emotional Distress (Am. Compl. 11 23-28); and civil RICO (Am.
+Compl. 11 29-34). These allegations, however, do not support these claims, or
+any other theory of liability that would allow recovery against
+Cf.
+Iv. The New York Times Co., 308 F.2d 474, 477 (5th Cir. 1962) (observing
+that "determination of fraudulent joinder is to be based on whether there was a real
+intention on colorable grounds to procure a joint judgment") (emphasis added).®
+(a) Nonresident defendants have a right of removal.
+The removal statute was enacted specifically "to protect defendants." Legg v.
+Wyerh, 428 F.3d 1317, 1325 (11th Cir. 2005). Cf., e.g., Picquet v. Amoco Prod.
+Co., 513 F. Supp. 938, 941 (M.D. La. 1981) (explaining that courts developed the
+fraudulent-joinder doctrine to protect "the right [of removal] granted to
+8 In Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en banc), the
+Eleventh Circuit Court of Appeals adopted as binding precedent all decisions of the
+former Fifth Circuit rendered prior to October 1, 1981.
+9
+Tein.
+9 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 10 of 100
+[defendants] by ... Congress"). In this case, by reconstituting her original federal
+lawsuit and refiling it in state Court, the plaintiff has clearly sought to avoid the
+strictures of the mandatory stay of this case that federal law requires under 18
+U.S.C. § 3509(k).?
+In federal court, pursuant to 18 U.S.C. § 3509(k), this action must be
+automatically stayed pending final disposition of an ongoing parallel criminal
+action against Mr. Epstein. See 18 U.S.C. § 3509(k) (providing that a parallel civil
+• By filing in state court, the plaintiff's attorney has also evidently sought to avoid the
+clear command of our local rules forbidding public comment about the merits of a
+pending lawsuit. Compare S.D. Fla. Local Rule 77.2(7) (A lawyer or law firm
+associated with a civil action shall not during its investigation or litigation make or
+participate in making an extrajudicial statement, other than a quotation from or reference
+to public records, which a reasonable person would expect to be disseminated by means
+of public communication if there is a reasonable likelihood that such dissemination will
+interfere with a fair trial and which relates to (a) Evidence regarding the occurrence or
+transaction involved. (b) The character ... of a party .... (d) The lawyer's opinion as to
+the merits of the claims . . . ."), with Ricci~Leopold Home Page, http://
+www.riccilaw.com (click on "Breaking News," then access the hyperlink entitled,
+03/13/08 - Consumer Justice Attorney Ted Leopold Files Case to aid Jane Doe in seeking
+justice against sexual predator Jeffrey Epstein and his associates. ) (describing character
+of party defendant Epstein as a "sexual predator" (a term defined by Florida criminal
+statutes) and quoting the plaintiff's attorney "Ted Leopold, managing partner" as
+characterizing Epstein as "an extremely powerful and wealthy man," with "vast
+resources," who acted "in the vilest way" at his "lavish mansion" with "lurid fantasies"
+and inflicting "untold damage," and opining that he should "be held accountable;" also
+quoting the plaintiff's attorney as opining that "[t]his case is both about justice and
+making sure that a wealthy and powerful man knows that he is not above the law;" also
+quoting the plaintiff's attorney's view of the evidence that plaintiff "continues to endure
+emotional trauma daily") (Web site last visited July 17, 2008).
+10
+10 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 11 of 100
+action arising from an alleged sexual assault of a minor "shall be stayed until the
+end of all phases of [any] criminal action") (emphasis added). In this case, there is
+a parallel federal criminal grand jury action pending in the Southern District of
+Florida, In re Grand Jury, No. FGJ 07-103(WPB) (S.D. Fla.), which arises out of
+the same allegations pled here. Thus, in resorting to fraudulent joinder, the
+plaintiff has sought to avoid any application of this otherwise controlling statute.
+Cf. Doe v. Francis, No. 5:03 CV 260 MCR/WCS, 2005 WL 517847, at *1-2 (N.D.
+Fla. Feb. 10, 2005) (staying civil diversity action over plaintiffs' objections on
+grounds that the language of 18 U.S.C. § 3509(k) is clear that a stay is required in
+a case ... where a parallel criminal action is pending which arises from the same
+occurrence involving minor victims") (emphasis added).
+Even outside the context of a mandatory federal statute, "the Supreme Court
+[has] admonished [that] 'the Federal courts should not sanction devices intended to
+prevent a removal to a Federal court where one has that right, and should be
+equally vigilant to protect the right to proceed in the Federal court."" Legg, 428
+F.3d at 1325 (citing Wecker v. Nat'l Enameling & Stamping Co., 204 U.S. 176,
+186 (1907)). See also id. (observing that "Congress 'did not extend [to defendants
+a right of removal] with one hand, and with the other give plaintiffs a bag of tricks
+11
+3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLOMOM 33133
+11 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 12 of 100
+to overcome it"" (quoting McKinney v. Bd. of Trustees of Maryland Cmty. Coll.,
+955 F.2d 924, 928 (4th Cir. 1992))).
+To protect a nonresident defendant's right of removal, a federal court will
+"determine the matter of jurisdiction" by examining "the true situation both as to
+parties and causes of action." Bernblum v. Travelers' Inc. Co., 9 F. Supp. 34, 35
+(W.D. Mo. 1934) (emphasis added). See also id. (observing that "[t]he federal
+courts will ... strike out the fiction injected into a case by a party to prevent
+removal"'). In accordance with these principles, a plaintiff cannot destroy diversity
+jurisdiction simply by conjuring up a nondiverse defendant; there must be at least
+some "possibility that the state law might impose liability on [the nondiverse]
+defendant under the circumstances alleged in the complaint." Florence v. Crescent
+Res., LLC, 484 F.3d 1293, 1299 (11th Cir. 2007) (citations omitted). See also,
+Holloway v. Morrow, No. 07-0839-WS-M, 2008 WL 401305, at *5 (S.D. Ala. Feb.
+11, 2008) (emphasizing that " the potential for legal liability must be reasonable,
+not merely theoretical'' (quoting Legg v. Wyeth, 428 F.3d 1317, 1325 n.5 (11th
+Cir. 2005))) (emphasis added).
+In this case, the plaintiffs have tried to whip Jane Doe's original, onedefendant complaint into a froth that looks non-federal. Cf.
+v. Swan, 962 F.
+Supp. 1436, 1439 (D. Utah 1997) (noting that "although plaintiffs' amended
+12
+• Tein.
+3059 GRAND AVINUE, SUITE 340, COCONUT GROVE, FLORIDA 33133
+12 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 13 of 100
+complaint contains four claims for relief, the first and second claims state only one
+cause of action") (emphasis added). Using her original allegations and adding
+nothing, Jane Doe has tried to add claims against
+for civil
+conspiracy (Am. Compl. 11| 20-23), Intentional Infliction of Emotional Distress
+(Am. Compl. 19 24-28), and civil RICO (Compl. 11 29-34) in order to append a
+nondiverse defendant to her Complaint. These claims, however, are untenable
+under Jane Doe's own allegations, and therefore cannot be used to destroy
+diversity jurisdiction.
+(b) There is no possibility that the plaintiff can establish a cause of
+action against
+under Florida law.
+(i) The conspiracy claim against
+must fail.
+As a general rule, "[a]n actionable conspiracy [under Florida law] requires
+an actionable underlying fort or wrong."
+(Fla. 5th DCA 1984) (citations omitted) (emphasis added)."
+v. Yurko, 446 So. 2d 1162, 1165
+10
+This case is governed by the general rule. Cf. Churruca v. Miami Jai-Alai, Inc., 353
+So. 2d 547, 550 (Fla. 1977) (noting that while there is "ordinarily ... no independent tort
+for conspiracy," there is a narrow exception to this rule when "the plaintiff can show
+some peculiar power of coercion possessed by the conspirators by virtue of their
+combination") (emphasis added). See generally Liappas v. Augoustis, 47 So. 2d 582, 583
+(Fla. 1950) (observing that '* instances of conspiracy which is in itself an independent tort
+are rare and should be added to with caution'" (quoting Fleming v. Dane, 22 N.E.2d
+609, 611, (Mass. 1939))) (emphasis added). Plainly, this case involves the general rule,
+not the narrow exception, because only one person could have caused Jane Doe's
+injuries. Cf.
+v. Marlin, 529 So. 2d 1174, 1179 (Fla. 3d DCA 1988) (upholding
+13
+- Tein"
+13 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 14 of 100
+Here, Jane Doe cannot assert a cause of action for "violation of Chapter 800,
+Florida Statutes" (Am. Compl. 9 18) because there is no private right of action
+under that Chapter. See generally Am. Home Assurance Co. v. Plaza Materials
+Corp., 908 So. 2d 360, 374 (Fla. 2005) (observing that "not every statutory
+violation carries a civil remedy" (citing Villazon v. Prudential Health Care Plan,
+Inc., 843 So. 2d 842, 852 (Fla. 2003))). See also, e.g., Miami Herald Publ'g Co. v.
+Ferre, 636 F. Supp. 970 (S.D. Fla. 1985) (
+C.J.) (holding that violation of
+Florida's criminal extortion statute does not give rise to a civil cause of action for
+damages); Mantooth v. Richards, 557 So. 2d 646, 646 (Fla. 4th DCA 1990) (per
+curiam) (affirming dismissal of plaintiff's claim for parental kidnapping where
+"the mentioned statutes concern only criminal violations and do not afford a civil
+remedy") (citation omitted) (emphasis added);
+v. Yurko, 446 So. 2d 1162,
+1165 (Fla. 5th DCA 1984) (holding that "[a]n act which does not constitute a basis
+for a cause of action against one person cannot be made the basis for a civil action
+for conspiracy").
+In this case, Jane Doe's claim under Count II (civil conspiracy) fails because
+it derives exclusively from Count I (violation of Chapter 800, Florida Statutes). Cf.
+grant of summary judgment against claim for independent conspiracy, noting that
+"[w]hen the concerted acts of the defendants do not create a greater harm than if the acts
+were committed by one person alone, then there can be no recovery").
+14
+Tein"
+14 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 15 of 100
+Buchanan v. Miami Herald Publ'g Co., 230 So. 2d 9, 12 (Fla. 1969) (holding that
+where Count I of the complaint had failed to state a cause of action for malicious
+prosecution, there could be no civil-conspiracy claim in Count II "based on the
+allegations of Count I"'). Because the statute she expressly pleads as the basis for
+Count I, Chapter 800, Florida Statutes, provides no civil remedy, Jane Doe cannot
+prevail on Count I. Therefore, she cannot prevail on her claim for conspiracy
+(Count II) to violate Chapter 800, Florida Statutes (Count I).
+(ii) The plaintiff cannot prevail against nondiverse defendant
+on her claim for Intentional Infliction
+of Emotional Distress (HIED).
+Even if the plaintiff, for the sake of argument, can assert an IIED claim
+against Jeffrey Epstein, the plaintiff still does not have a cause of action for lIED
+against
+First, the plaintiff cannot recover damages in connection
+with her own illegal conduct; and second, the plaintiff's purported IIED claim fails
+as a matter of law.
+15
+Tein n.
+15 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 16 of 100
+The plaintiff seeks damages in connection with her
+own illegal conduct.
+The plaintiff concedes that she went to Jeffrey Epstein's house "to give
+Epstein a massage for monetary compensation." (Am. Compl. 9| 13.) The plaintiff
+also concedes, in the guise of an allegation, that ! |
+"brought Jane Doe
+1o Epstein's mansion in Palm Beach" to help the plaintiff execute her own plan.
+(Am. Compl. 9| 13.) Yet, the plaintiff's plan was illegal: under Florida law, it is a
+crime "to practice massage" without a license. § 480.047, Fla. Stat. (1997). To say
+it another way, the plaintiff admits that she went to Mr. Epstein's house to commit
+a crime.
+Based on these allegations, it is clear that the plaintiff seeks damages in
+connection with her own illegal conduct; this is enough to support a finding of
+fraudulent joinder. See Florence v. Crescent Resources, LLC, 484 F.3d 1293, 1298
+n.3 (11th Cir. 2007) (acknowledging that "under some circumstances, application
+of an affirmative defense can support a finding of fraudulent joinder). This
+conclusion is supported by well-established principles.
+Under Florida law, a plaintiff cannot recover damages flowing from her own
+illegal conduct. See
+V.
+, 93 Fla. 709, 112 So. 622, 628 (1927) (referring to
+"the universal rule of our law that one in a court of justice cannot complain ... of
+another's wrong whereof he was a partaker") (internal quotation marks and citation
+16
+16 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 17 of 100
+omitted) (emphasis added); Turner v. L
+1, 704 So. 2d 748, (Fla. 4th DCA
+1998) ("[NJo public policy should allow appellant to recover damages as a result of
+engaging in criminal conduct such as occurred in this case."). Cf. Ewell v. Daggs,
+108 U.S. 143, 149 (1883) (stating that "'[njo court will lend its aid to a [plaintiff]
+who founds [a] cause of action upon an immoral or an illegal act'") (quoting
+Holman v.
+, 98 Eng. Rep. 1120 (K.B. 1775)); see also id. (explaining that
+this policy is ""not for the sake of the defendant, but because [the courts] will not
+lend their aid to such a plaintiff'" (quoting Holman, 98 Eng. Rep. 1120))
+(emphasis added); Balas v. Ruzzo, 703 So. 2d 1076, 1082 (Fla. 5th DCA 1997)
+(Harris, J., concurring) (remarking in the context of an action brought against an
+alleged prostitution house that "the court should continue its tradition of not
+interceding in civil conflicts involving transactions that are either illegal or are
+against public policy").
+Based on the foregoing, the plaintiff cannot blame someone else
+) for the consequences of her own criminal conduct. Cf. Feld & Sons, Inc.
+v. Pechner, Dorfman, Wolffe, Rounick and Cabot, 458 A.2d 545, 552 (Pa. Super.
+Ct. 1983) holding that law-firm clients could not recover damages flowing from
+their own criminal acts, even though clients' lawyers had suggested the unlawful
+conduct to begin with). See also Turner v.
+1, 704 So. 2d 748, 751 (Fla. 4th
+17
+Tein".
+17 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 18 of 100
+DCA 1998) (approving reasoning in Feld & Sons, holding that "no public policy
+should allow [a plaintiff] to recover damages as a result of engaging in criminal
+conduct" where the plaintiff had provided false testimony at an arbitration
+proceeding).
+The plaintiff's IED claim fails as a matter of law.
+To state a cause of action for IIED, a complaint must allege four elements:
+(1) deliberate or reckless infliction of mental suffering; (2) outrageous conduct; (3)
+the conduct caused the emotional distress; and (4) the distress was severe. Metro.
+Life Ins. Co. v. McCarson, 467 So. 2d 277, 278 (Fla. 1985). Whether conduct is
+outrageous enough to support a claim of intentional infliction of emotional distress
+is a question of law, not a question of fact. Liberty Mut. Ins. Co. v. Steadman, 968
+So. 2d 592, 595 (Fla. 2d DCA 2007) (citations omitted).
+In this case, without reaching the question of "outrage," the plaintiff has
+failed to show that
+conduct - - allegedly arranging an illegal
+sexual massage that the plaintiff herself agreed to perform - - itself caused the
+plaintiff to suffer any emotional distress. Even if the alleged agreement was
+fraudulently induced, the plaintiff's IIED claim flows from Epstein's alleged
+conduct, not the joint conduct of
+and Doe in planning the massage.
+18
+3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLOR DA 33133
+18 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 19 of 100
+(iii) The plaintiff cannot prevail on her claim for civil remedies
+for criminal practices or racketeering ("civil RICO") pled in
+Count IV.
+A cause of action under section 772.104, Florida Statutes ("Civil Remedies
+for Criminal Practices") requires a showing of direct injury. Even assuming for
+the sake of argument that Jane Doe can establish that the defendants engaged in a
+"pattern of criminal activity," she cannot establish that she was directly injured by
+those activities.
+Section 772.104 allows someone to bring a civil RICO claim only if "he or
+she has been injured by reason of' any RICO violation. § 772.104, Fla. Stat.
+(2007). Here, the allegations in Count IV, even if they are true, do not add up to a
+civil RICO claim because there is no proximate cause between the purported
+"pattern of criminal activity" and Jane Doe's alleged injuries.
+In a doomed attempt to satisfy the extremely high burden of pleading civil
+RICO under Florida law, the Amended Complaint lists a series of violations rooted
+in Florida's prostitution statutes. (Am. Compl. 9 31.) According to the Amended
+Complaint, the defendants participated in a criminal enterprise ... or conspiracy]"
+(Am. Compl. 9. 30) over an unspecified length of time "to repeatedly find and
+bring [Jeffrey Epstein] underage girls ... in order for Epstein to solicit, coerce,
+entice, compel, or force such girls in acts of prostitution and/or lewdness" (Am.
+19
+19 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 20 of 100
+Compl. ( 32). The alleged "pattern of criminal activity" comprises violations of
+Chapter 796, Florida Statutes—the chapter that proscribes various crimes of
+prostitution.
+13
+These allegations do not tie directly into Jane Doe's alleged psychic injuries.
+In contrast to a cognizable RICO claim, this action concerns only an isolated
+occurrence. More important, the alleged injuries in this case are pled to have
+resulted from an alleged sexual assault, an assault "in violation of Chapter 800 of
+the Florida Statutes" (Am. Compl. 9 18) not anything having to do with the
+facilitation of prostitution, or more succinctly, the violation of Florida's
+prostitution law.
+Civil RICO claims are extraordinarily difficult to plead successfully. There
+are examples in the case law of RICO claims stemming from a prostitution
+enterprise, but they are vastly different from what plaintiff pleads here. They
+involve, for example, prostitutes who sued a house of prostitution (as an
+"enterprise") for inflicting systematic and repetitive abuse on them, over time. See
+Balas v. Ruzzo, 703 So. 2d 1076, 1077 (Fla. Sth DCA 1997) (offering an example
+of a civil RICO claim against the operators of an alleged "house of prostitution,"
+The Amended Complaint alleges a "pattern of criminal activity" comprising the
+following criminal violations: §§ 796.03, 796.07(2)(D), 796.07(2)(h), 796.045, and
+796.04, Fla. Stat. (Am. Compl. 9 31.)
+20
+Teinn.
+20 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 21 of 100
+where petitioners alleged that they had "suffered emotional pain, anguish,
+humiliation, insult, indignity, loss of self-esteem, inconvenience, hurt and
+emotional distress" as a result of being forced repeatedly, over time, to "perform
+sexual acts to retain their employment"). Here, even if the Amended Complaint
+can be read to plead that the defendants schemed to solicit other massages from
+other people (see, e.g., Am. Compl. 19 9, 11, 12, 32), those activities are not
+alleged in any way to have impacted Jane Doe. Cf., e. g., Palmas Y Bambu, S.A. v.
+E.I. Dupont De Nemours & Co., Inc., 881 So. 2d 565, 570 (Fla. 3d DCA 2004)
+(holding that "'indirect injuries, that is injuries sustained not as a direct result of
+predicate acts ... will not allow recovery under Florida RICO."" (quoting
+O'Malley v. St.
+Univ., Inc., 599 So. 2d 999, 1000 (Fla. 3d DCA 1992)))
+(emphasis added).
+Because the Amended Complaint does not satisfy the direct-injury
+requirement under Florida's RICO law, Jane Doe has failed to allege a cause of
+action against
+| for violation of section 772.103, Florida Statutes.
+B. This Notice satisfies the procedural requirements of 28 U.S.C. § 1446.
+1. This notice of removal is timely.
+In accordance with 28 U.S.C. § 1446, this notice of removal is timely. Only
+defendant Epstein has been served with process. Defendants
+and
+21
+Teinr.
+21 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 22 of 100
+have not yet been served. In a multi-defendant lawsuit, removal is timely when
+effected within 30 days after the last defendant is served. See
+Dermaceuticals,
+Inc. v. RX Solutions, United Health Group, Inc., No. 6:08-cv-330-Orl-31KRS,
+2008 WL 1744794, at *3 (M.D. Fla. Apr. 11, 2008) (concluding that removal
+petition was timely where it was filed within 30 days after the last defendant was
+served).
+2. Notice has been given, and state-court papers have been filed.
+In accordance with 28 U.S.C. § 1446(d), defendants have served this Notice
+of Removal on July 18, 2008. All papers filed in State Court are attached to this
+Removal Petition.
+3. There is unanimity among the defendants.
+In accordance with 28 U.S.C. § 1446(b) the undersigned are authorized to
+represent that all of the defendants join this Petition and consent to removal.
+Conclusion
+Because this is a civil action between citizens of different states, excluding
+any fraudulently joined parties, and the amount in controversy exceeds $75,000,
+exclusive of interests and costs, this Court has original jurisdiction over this action
+pursuant to 28 U.S.C. § 1332(a)(1).
+Tein r.
+3059 GRAND AVIRUE, SUITE 340, COCOMUT GROVE, FLORIDA 33133
+22 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 23 of 100
+WHEREFORE, the Defendants, Jeffrey Epstein,
+and
+remove this case from Palm Beach Circuit Court to the United States
+District Court for the Southern District of Florida.
+Respectfully submitted,
+TEIN, P.L.
+3059 Grand Avenue, Suite 340
+Coconut Grove, Florida 33133
+Tel: 305 442 1101
+Fax: 305 442 6744
+By:
+WilL Ter
+GUY A.
+Fla. Bar No. 623740
+MICHAEL R. TEIN
+Fla. Bar No. 993522
+tein@lewistein.com
+ATTERBURY, GOLDBERGER & WEISS, P.A.
+250 Australian Avenue South, Suite 1400
+West Palm Beach, Florida 33401
+Tel. 561 659 8300
+Fax. 561 835 8691
+By:
+Jack A. Goldberger
+Fla. Bar No. 262013
+jgoldberger@agwpa.com
+Attorneys for Defendant Jeffrey Epstein
+Tein».
+23 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 24 of 100
+CERTIFICATE OF SERVICE
+I HEREBY CERTIFY that the foregoing document is being served this day,
+July 18, 2008, on counsel of record identified on the service list by U.S. Mail.
+willie:
+Michael R. Tein
+24
+Tein r.
+3059 GRAND AVENUE, SuITE 340, COCONUT GROVE, FLORIDA 33133
+24 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 25 of 100
+Service List
+Theodore J. Leopold, Esq.
+Ricci-Leopold, P.A.
+2925 PGA Blvd., Suite 200
+Palm Beach Gardens, FL 33410
+Fax: 561 697 2383
+Counsel for Plaintiff Jane Doe
+Douglas M. Mcintosh, Esq.
+Jason A.
+|| IL. Esq.
+Mclntosh, Sawran, Peltz & Cartaya, P.A.
+Centurion Tower
+1601 Forum Place, Suite 1110
+West Palm Beach, Florida 33401
+Fax. 561 682-3206
+Counsel for Defendant
+Bruce E. Reinhart, Esq.
+Bruce E. Reinhart, P.A.
+250 Australian Avenue South
+Suite 1400
+West Palm Beach, Florida 33401
+Fax. 561 828 0983
+Counsel for Defendant
+Robert D. Critton, Esq.
+Michael J. Pike, Esq.
+Burman, Critton, Luttier &
+Coleman, LLP
+515 N. Flagler Drive, Suite 400
+West Palm Beach, Florida 33401
+Fax. 561 515 3148
+Co-Counsel for Jeffrey Epstein
+25
+Teinn
+3059 GRAND AVEMUT, SUITE 340, COCONUT GROVE, FLORIDA 33133
+25 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 26 of 100
+
+26 of 316
+
+
+Case 9:08-cv-80804-KAM Popument 1 Entered on FLSD Docket 07/21/2008 Page 27 of 100
+ēnsor & Associates
+Reporzing and Transcription, Inc.
+IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
+IN AND FOR PALM BEACH COUNTY, FLORIDA
+CASE NO.
+2006 CF09454AXX
+STATE OF FLORIDA,
+- VS-
+JEFFREY EPSTEIN,
+Defendant.
+DEPOSITION OF
+Wednesday, February 20, 2008
+2:00 р.т. - 4:30 р.т.
+Palm Beach County Courthouse
+205 North Dixie Highway
+West Palm Beach, Florida 33401
+copy
+Reported By:
+Judith F. Consor, FPR
+Notary Public,
+State of Florida
+Consor & Associates Reporting and Transcription
+Phone - 561.682.0905
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+27 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 28 of 100
+Reporting and Transcriptio, Inc.
+Page 2
+1
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+17
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+20
+21
+22
+23
+24
+25
+APPEARANCES:
+On behalf of the State:
+LANNA BELOHLAVEK,
+ESQ.
+ASSISTANT STATE
+ATTORNEY
+401 North Dixie Highway
+West Palm Beach, Florida 33401
+561.355.7100
+On behalf of the Defendant:
+MICHAEL R. TEIN, ESQ.
+KATHRYN A. MEYERS, ESQ.
+TEIN, PL
+3059 GRAND AVENUE, SUITE 340
+COCONUT GROVE, EL 33133
+On behalf of the Defendant:
+JACK A. GOLDBERGER, ESQ.
+ATTERBURY, GOLDBERGER & WEISS
+250 AUSTRALIAN AVENUE SOUTH
+SUITE 1400
+WEST PALM BEACH, FLORIDA 33401
+561.659.8300
+ALSO PRESENT:
+ON BEHALE OF THE WITNESS: THEODORE J. LEOPOLD, ESQ.
+KEITH J. BRETT, DIRECTOR OF MULTIMEDIA DIVISION,
+LEGAL-EZE
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+28 of 316
+
+
+Case 9:08-cv-80804-KAM Dogument 1 Entered on FLSD Docket 07/21/2008 Page 29 of 100
+Reporsing and Transcripsino, Inc.
+Page 3
+1
+2
+3
+INDEX
+WITNESS:
+PAGE:
+DIRECT EXAMINATION
+BY MR. TEIN:
+4
+4
+5
+6
+7
+8
+9
+10
+11
+12
+-
+- -
+NOEXHIBITS MARKED
+-
+-
+-
+.. CERTIFIED QUESTIONS...
+Line
+Page
+53
+55
+59
+111
+112
+22
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+19
+21
+22
+23
+24
+25
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+29 of 316
+
+
+Case 9:08-cv-80804-KAM Dogument 1 Entered on FLSD Docket 07/21/2008 Page 30 of 100
+Reporting and Transcription, loc
+1
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+Page 4
+Deposition taken before Judith F. Consor,
+Court Reporter and Notary Public in and for the State of
+Florida at Large, in the above cause.
+-
+- -
+Thereupon,
+having been first duly sworn or affirmed, was
+examined
+and testified as follows:
+THE WITNESS: I do.
+DIRECT EXAMINATION
+BY MR. TEIN:
+name.
+Good afternoon. Please tell me your full
+A.
+A.
+And can you please spell it.
+Thank you.
+May I call you
+A.
+Uh-huh.
+I'm going to ask you a few
+questions, several questions today. If at any time you
+wan: to take a break, you just let me know. Okay?
+A. Okay.
+l. If you at any time don't understand one of
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+30 of 316
+
+
+Case 9:08-cv-80804-KAM Rpgument 1 Entered on FLSD Docket 07/21/2008 Page 31 of 100
+Page 5
+1
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+20
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+22
+23
+24
+25
+my questions, will you just please let me know?
+A.
+Yes.
+Q. And if at any time you're not feeling well
+or something
+like that, you'll tell us, right?
+A.
+Yes.
+e.
+Do you feel okay today?
+A.
+Yes.
+Not taking any alcohol or drugs or anything
+like that, right?
+A.
+No.
+So you feel ready to have your deposition
+taken?
+A.
+Yes.
+what is your address?
+A.
+I'm currently living at my aunt's house and
+I don't know it off the top of my head.
+Where is it?
+A.
+In Jupiter.
+Who is your aunt?
+A.
+e.
+A.
+Who else is living there?
+my uncle.
+Anyone else living there?
+A. No.
+e. The contempt motion that your mother filed
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+31 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 32 of 100
+• Reporting and Transcription. Inc.
+Page 6
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+25
+against your father regarding your fifty million-dollar
+lawsuit against Jeffrey Epstein says that you live with
+your aunt and uncle and have been living there; is that
+correct?
+A.
+Yes.
+How long have you been living with your
+aunt and uncle?
+Since my father kicked me out.
+e.
+A.
+e.
+That was Thanksgiving of this past year?
+Yes, sir.
+Okay. Didn't your firefighter boyfriend
+get an apartment for the two of you?
+A.
+No, sir. He has an apartment, but by
+himself.
+Did he get an apartment for the two of you
+to live in?
+A.
+No, sir.
+l. Are you planning to move in with him?
+A.
+Maybe one day in the future.
+l. Do you have a plan to move in with him
+presently?
+A. NO.
+Have you been to the apartment that you and
+have discussed moving in together?
+A.
+I have been to the apartment.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+32 of 316
+
+
+| Document 1 Entered on FLSD Docket 07/21/2008 Page 33 of 100
+Reporting anal Transcripzion, Inc.
+Page
+7
+1
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+5
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+16
+17
+18
+19
+20
+21
+22
+23
+24
+25
+'==-
+Where is that?
+A.
+Palm Beach Lakes.
+Have you spent the night over there?
+A.
+No, sir.
+Do you know the address there?
+A.
+I do not.
+Isn't your sister
+planning on living
+with you and
+A.
+No.
+you know that this court case is a
+criminal prosecution, correct?
+A.
+Correct.
+And you know that it's a criminal
+prosecution against a man who has no criminal background.
+Do you know that?
+A.
+I do now.
+e.
+You agree that court is a very serious
+matter?
+A.
+Yes.
+And you're here with your lawyer
+Mr. Leopold, right?
+A.
+Yes.
+R.
+And you know that Mr. Leopold recently
+filed a lawsuit in federal court against Jeffrey Epstein,
+seeking fifty million dollars.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+33 of 316
+
+
+Case 9:08-cv-80804-KAM Daqyment 1 Entered on FLSD Docket 07/21/2008 Page 34 of 100
+• Reporting and Transcription, Inc.
+Page 8
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+MR. LEOPOLD: Let me just object.
+let me instruct you. Anything that
+you have learned through conversations between you
+and me are protected. So if you know any of that
+information outside of those discussions, you may
+answer.
+But if the only way you know it is
+through our discussions, do not answer that
+question.
+BY MR. TEIN:
+you know that Mr. Leopold recently
+filed a lawsuit in federal court on your behalf against
+Jeffrey Epstein seeking fifty million dollars?
+MR. LEOPOLD: Same objection.
+If you know the answer to that outside of
+our discussions, you may answer. If it is the
+only way that you know the answer is through our
+discussions, do not answer that question.
+THE WITNESS: Okay.
+MR. LEOPOLD: Attorney/client privilege.
+BY MR. TEIN:
+e.
+You can answer the question unless --
+MR. LEOPOLD: Same objection.
+MR. TEIN: Let me finish.
+MR. LEOPOLD: Excuse me. We're --
+MR. TEIN: No. Let me finish.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+34 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 35 of 100
+Reporting anal Transcription, Inc.
+Page 9
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+MR. LEOPOLD:
+, we're not going to do
+that.
+MR. TEIN: My name is not
+I'm going to finish my question. Okay?
+MR. LEOPOLD: Do not answer until you hear
+from me.
+BY MR. TEIN:
+Other than conversations that you have had
+with Mr. Leopold - I'm not asking about that - are you
+aware that Mr. Leopold has filed a lawsuit in federal
+court seeking fifty million dollars from Jeffrey Epstein
+on your behalf?
+MR. LEOPOLD: Same objection.
+Anything that you learn through
+conversations between you and me, do not answer.
+Those are protected. If you know through any
+other realm of knowledge, you may answer.
+THE WITNESS: No.
+BY MR. TEIN:
+You have no idea that Mr. Leopold filed a
+fifty million-dollar lawsuit on your behalf against
+Jeffrey Epstein?
+MR. LEOPOLD: Same objection.
+Do not answer that question if it's through
+discussions that you and I had. Outside of that,
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+35 of 316
+
+
+Case 9:08-cv-80804-KAM Rpgument 1 Entered on FLSD Docket 07/21/2008 Page 36 of 100
+1
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+you may answer.
+Page 10
+So do not answer that question if
+that is the only basis by which you understand
+that answer.
+THE WITNESS:
+NO.
+BY MR. TEIN:
+You didn't know that?
+MR. LEOPOLD: Don't answer that question.
+Again, it's attorney/client privilege. Any
+information you've learned through conversations
+between you and I are protected. If you know it
+through any other realm, you may answer.
+MR. TEIN: Are you going to say that for
+every question in the deposition, Mr. Leopold?
+MR. LEOPOLD: When you ask improper
+questions like that without the proper --
+MR. TEIN: You're going to stop your
+speaking objections
+right now. Okay?
+MR. LEOPOLD: Without the proper --
+MR. TEIN: You need to stop your speaking
+objections.
+Let's continue.
+MR. LEOPOLD: Counsel, you just asked me a
+question and I'm going to state it on the
+record --
+MR. TEIN: You need to stop your speaking
+1655 Paim Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+36 of 316
+
+
+Case 9:08-cv-80804-KAM Doçyment 1 Entered on FLSD Docket 07/21/2008 Page 37 of 100
+Page 11
+1
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+3
+4
+5
+6
+7
+8
+objections. Check your rules.
+MR. LEOPOLD: Excuse me.
+For the record,
+Counsel asked me a question. I'll state the
+answer on the record.
+He asked me the question am
+I going to be answering that way throughout the
+deposition. So long as there's improper
+foundation and predicate asked by the attorney, I
+will protect my client and I make the record where
+appropriate. If counsel wishes to ask an
+appropriate worded question with the proper
+foundation and predicate, I will certainly allow
+the client to answer the question.
+MR. GOLDBERGER: Why don't you just state
+attorney/client privilege and just be done with
+it?
+10
+11
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+MR. LEOPOLD: I want the record to be
+clear.
+MR. TEIN: You want to waste time is what
+you want to do.
+You were supposed to be here this morning
+and you totally broke the deal, the agreement that
+you had with us if your hearing got cancelled.
+But let's move on and maybe you'll stop
+obstructing this deposition.
+MR. LEOPOLD: I think the record is very
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+37 of 316
+
+
+Case 9:08-cv-80804-KAM Dagument 1 Entered on FLSD Docket 07/21/2008 Page 38 of 100
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+clear where we stand thus far.
+Is there a recording taken of this
+deposition?
+THE COURT REPORTER: Yes.
+MR. LEOPOLD: Just make sure that's
+preserved.
+BY MR. TEIN:
+Go to Exhibit 20-01 -- well, before you do
+that,
+are you aware that a lawyer named Jeffrey
+Hernan filed a lawsuit on your behalf, yes or no?
+MR. LEOPOLD: Objection.
+Any conversations that you and I have had
+regarding that, if that is the only way by which
+you understand how to answer that question, do not
+answer. It's attorney/client privilege, as well
+as any conversations you may have had with the
+attorney from Miami. That is also attorney/client
+privilege. And I'm assuming -
+MR. TEIN: You're actually wrong about the
+attorney/client privilege.
+MR. LEOPOLD: I'm assuming Counsel is not
+asking you to divulge attorney/client --
+MR. TEIN: Of course not.
+BY MR. TEIN:
+e.
+are you aware that Jeffrey Herman,
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+38 of 316
+
+
+Case 9:08-cv-80804-KAM Regument 1 Entered on FLSD Docket 07/21/2008 Page 39 of 100
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+Page 13
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+an attorney, filed a fifty-million-dollar lawsuit on your
+behalf against Jeffrey Epstein, yes or no?
+MR. LEOPOLD: Same objection.
+MR. TEIN: We've heard the objection 10
+times already.
+MR. LEOPOLD: Counsel, excuse me.
+MR. TEIN: Just say attorney/client
+privilege. Stop interrupting my questions.
+MR. LEOPOLD: I'm entitled to make an
+objection for the record, which I'm doing, and
+I'll make the same objection. And if it calls for
+attorney/client privilege, any conversations you
+and I have had, do not answer the question.
+And I think that it might be appropriate,
+for the record, to ask questions via
+as opposed to
+I think that
+would be more appropriate for this deposition.
+BY MR. TEIN:
+Go ahead.
+Please anser yes or no.
+A.
+Yes.
+Thank you.
+In fact, you know that Mr. Herman held a
+press conference after he filed the fifty-million-dollar
+Lawsuit on your behalf, don't you?
+A.
+After it happened.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+39 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 40 of 100
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+You know that he had a press conference,
+don't you, yes or no?
+A.
+Yes.
+In fact, let's go to Exhibit 20-01.
+MR. GOLDBERGER: Look behind you. You'll
+see it.
+BY MR. TEIN:
+e.
+A.
+Have you ever seen that picture before?
+Yes.
+Is that a picture of your father, your
+stepmother and Mr. Herman at the press conference
+regarding your lawsuit?
+A.
+Yes.
+Now you know that this is a very serious
+matter, don't you?
+MR. LEOPOLD: Asked and answered.
+objection.
+MR. GOLDBERGER: All right. You can
+object. You're representing a witness here,
+Mr. Leopold. You can object on privilege grounds.
+You cannot make legal objections.
+You have no
+standing to do so.
+MR. LEOPOLD: I'm going to make them and
+then --
+MR. GOLDBERGER: We're --
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+40 of 316
+
+
+Case 9:08-cv-80804-KAM Rogument 1 Entered on FLSD Docket 07/21/2008 Page 41 of 100
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+MR. LEOPOLD: We're going to leave or we're
+going to take a break, because his demeanor is not
+appropriate. There's no reason to have this kind
+of demeanor. If you want to have this kind of
+demeanor with me --
+MR. TEIN: You are obstructing this
+deposition.
+MR. GOLDBERGER: Why don't you guys go
+outside and just talk about -
+MR. LEOPOLD: She -- her job is very
+difficult and she's not going to be able to take
+us both talking at the
+same time.
+MR. GOLDBERGER: Off the record.
+MR. LEOPOLD: We're not going off the
+record, Jack. We're not, Jack. Her job is very
+difficult. I'm going to make the record.
+I don't think it is appropriate, especially
+in the small confines of this room, to be very
+aggressive with this young lady.
+MR. TEIN: That's not happening. Stop,
+stop actually -
+MR. LEOPOLD: If you're going to interrupt
+me, we're going to cancel this deposition -
+MR. TEIN: Stop misrepresenting.
+THE COURT REPORTER: I need one at a time,
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+41 of 316
+
+
+Case 9:08-cv-80804-KAM Dogyment 1 Entered on FLSD Docket 07/21/2008 Page 42 of 100
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+no matter who it is.
+MR. LEOPOLD: I think we're going to take a
+break.
+Perhaps you might want to talk to your
+co-counsel --
+MR. TEIN: I don't need to talk to him.
+MR. LEOPOLD: But we're going to take a
+break.
+MR. TEIN: We're not taking a break unless
+the witness needs a break.
+You're obstructing this deposition, Ted.
+MR. LEOPOLD: Come on,
+You all want to continue in this
+demeanor --
+MR. TEIN: You're obstructing the
+deposition. Stop making speeches. We're not
+discussing this with you. The questions are to
+your client. Go take your five-minute break.
+MR. LEOPOLD: Fine. We need to make sure
+the record's clear and clean.
+And I want to make sure, as I've already
+asked you -- I know that you're one of the best in
+town -- that this audio -- this needs to be
+preserved. Okay?
+MR. TEIN: Go take your five-minute break,
+Mr. Leopold, now.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+42 of 316
+
+
+Case 9:08-CV-80804-KAM Rtcument 1 Entered on FLSD Docket 07/21/2008 Page 43 of 100
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+You were supposed to be here at nine a.m.;
+it's now after two. Take your break and come
+back.
+MR. LEOPOLD: Okay. If the demeanor keeps
+up, we will not be here beyond those five minutes.
+MR. TEIN: Take your break and come back.
+MR. LEOPOLD: Okay. So I suggest that you
+relax.
+MR. TEIN: I suggest that you take your
+break.
+MR. GOLDBERGER: Let them take that
+five-minute break.
+take deep breaths.
+take a break.
+MR. LEOPOLD: But I would suggest that you
+MR. TEIN: Suggest whatever you want. Go
+(Thereupon, a recess was taken.)
+BY MR. TEIN:
+you agree that giving testimony
+today at your deposition is something very serious, don't
+you?
+A.
+Yes.
+A. Yes.
+e.
+And you respect the court, don't you?
+Let me show you Exhibit 31-001. Can you
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+43 of 316
+
+
+Case 9:08-cv-80804-KAM _ Detiment 1 Entered on FLSD Docket 07/21/2008 Page 44 ot 100
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+read that out loud, please.
+A.
+Okay. What do you want?
+R.
+A.
+Will you read that out loud, please.
+1.
+e.
+Thank you.
+Lol hah my baddd...1o1 yah i got some
+A.
+stupid court shit on the 20th...bullshit...and damn you
+still have court shit with him? Like after so long wow
+im sorry... well yah well we will definitely havta make
+plans for sure. because i miss u tons times a million and
+no no no i love you...o and p.s. i love ur default pic
+niggaa. Muah xo.
+Did you send that message last week to a
+friend of yours on MySpace?
+A. I wouldn't know. There's no dates and I've
+deleted that Myspace, so --
+We're going to talk about that in a second.
+A.
+e.
+A.
+e.
+Okay.
+Did you send that message last week -
+Right.
+Let me finish my question.
+Did you send that message last week to a
+friend of yours on Myspace?
+A. I wouldn't know the date, but obviously,
+it's to a friend.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+44 of 316
+
+
+Document 1 Entered on FLSD Docket 07/21/2008 Page 45 of 100
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+Did you send that message to a friend of
+yours on MySpace?
+A.
+Sure, yes.
+R.
+Were you referring to this deposition?
+A.
+Yes.
+Do you find the term n-i-g-g-e-r offensive?
+A.
+That's not anywhere in there.
+What word did you use in there?
+MR. LEOPOLD: Where are you referring to,
+Counsel? There's 20 plus words in there.
+MR. TEIN: Don't make a speaking objection.
+THE WITNESS: Are you referring to
+anything --
+MR. LEOPOLD: No,
+Don't -- don't --
+let him ask you the question.
+BY MR. TEIN:
+e.
+?
+What question were you asking,
+MR. LEOPOLD: She doesn't ask questions.
+You ask the questions.
+What is the question
+pending?
+BY MR. TEIN:
+what is the last word on there in
+the text of your message before the closing?
+A. Niggaa.
+e. Don't you find that term offensive?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+45 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 46 of 100
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+A.
+No.
+MR. LEOPOLD:
+Can you spell it for the
+record, please.
+THE WITNESS: N-i-g-g --
+MR. TEIN: No, no, no. You are not going
+to be asking questions.
+MR. LEOPOLD: I'm not asking questions.
+I'm asking for the record the word to be spelled,
+because we don't have a video here today.
+MR. TEIN: These exhibits are part of the
+record. You --
+MR. LEOPOLD: Well, it's not marked as an
+exhibit.
+MR. TEIN: Stop interrupting me,
+Mr. Leopold. I have marked and identified as an
+exhibit and you will get it.
+MR. LEOPOLD: There has been no
+identification of this document in the record.
+MR. TEIN: MI. Leopold, stop interrupting
+this deposition.
+MR. LEOPOLD: What is the exhibit number
+marked for identification?
+MR. TEIN: 31-001.
+MR. LEOPOLD: Do we have copies? Is it on
+the record anywhere?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+46 of 316
+
+
+Case 9:08-cv-80804-KAM Degument 1 Entered on FLSD Docket 07/21/2008 Page 47 of 100
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+BY MR. TEIN:
+Let me ask you,
+did you in fact
+write your friend this message about this deposition?
+A.
+Yes.
+So you wrote your friend that this
+deposition is stupid court s-h-i-t, correct?
+A.
+Yes.
+Because you think this deposition is stupid
+court s-h-i-t, don't you?
+A.
+No.
+You wrote that to your friend, didn't you?
+A.
+Yes.
+e.
+You think that court is stupid, don't you?
+A.
+In some cases.
+e.
+And you think that court is bull s-h-i-t,
+don't you?
+A.
+No.
+e.
+And you think this deposition is bull
+s-h-i-t, don't you?
+A.
+No.
+You wrote that to your friend, didn't you?
+MR. LEOPOLD: Objection. Asked and
+answered.
+MR. TEIN: That's not an objection.
+BY MR. TEIN:
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+47 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 48 of 100
+Consor & Associates
+70 Reporting and Transcription, Inc.
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+You wrote that to your friend, didn't you?
+MR. LEOPOLD: Objection. Asked and
+answered, for the fourth time.
+MR. TEIN: You are improperly objecting,
+Mr. Leopold. You have no grounds to object. And
+•
+that's not an objection.
+MR. LEOPOLD: It is an objection.
+MR. TEIN: Then terminate the deposition if
+you think it's been asked and answered.
+MR. LEOPOLD: Counsel, I am not precluded
+from just making an objection to the form of the
+question. As the courts well know,
+and if you
+practice here in West Palm Beach, many of the
+judges require you to set the objection with
+specificity. And I will do that. And if you
+don't want me to, you can make the record. But I
+will do that.
+MR. TEIN: Here's what we'll do, Ted. You
+can -- I will allow you to reserve an objection to
+form for every single one of my questions.
+Otherwise, all you're doing is obstructing.
+MR. LEOPOLD: I won't do that.
+MR. TEIN: Of course; because you want to
+obstruct.
+MR. LEOPOLD: All right.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+48 of 316
+
+
+Case 9:08-cV-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 49 of 100
+õnsor & Associates
+• Reporting and Transcription, Inc.
+Page 23
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+BY MR. TEIN:
+you think that giving testimony
+today, under
+oath, is bull s-h-i-t, don't you?
+A.
+No.
+Q. And you wrote that to your friend on
+MySpace last week, didn't you?
+MR. LEOPOLD: Objection. Asked and
+answered.
+THE WITNESS: No, I did not.
+BY MR. TEIN:
+A.
+You didn't write this exhibit?
+I wrote that, but I didn't write what you
+said.
+e.
+You wrote in this exhibit, "I got some
+stupid court s-h-i-t on the 20th. Bull s-h-i-t." Didn't
+you write that?
+A.
+Yes.
+Referring to this deposition, didn't you?
+A.
+Referring to the court. I was later
+informed that it was a deposition.
+I'm going to ask you some questions now
+about what happened when you went to Jeff Epstein's house
+three years ago. Okay?
+A.
+Uh-huh.
+when the police interviewed you one month
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+49 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 50 of 100
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+after you went to Epstein's house, you swore on your
+mother's grave that you and Epstein
+did not engage in sex
+of any kind?
+A.
+Yes.
+0.
+Didn't you tell that to the police?
+A. Yes. And I will continue. I have never
+had sex with him.
+Did what happened upstairs at Jeff
+Epstein's house take you completely by surprise,
+A.
+Yes.
+Now the civil complaint that you filed
+against Mr. Epstein for fifty million dollars alleged
+tha: you were totally shocked by what happened when you
+got there.
+A.
+Yes.
+Were you totally shocked by what happened
+when you got to Epstein's house?
+A.
+Yes.
+e. You didn't expect it at all, did you?
+A. No.
+e. You had absolutely no idea why your friend
+was taking you to Epstein's house, right?
+A. I was informed it was a massage.
+l. All you thought that it was going to be was
+a massage, correct?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+50 of 316
+
+
+Case 9:08-cv-80804-KAM Rogument 1 Entered on FLSD Docket 07/21/2008 Page 51 of 100
+Rº Reporzing and Transcripsion, Inc.
+. Page 25
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+A.
+Yes.
+0.
+Before you got to Epstein's house
+never said anything to you on the telephone about sexual
+activity with Epstein, did she?
+A.
+No.
+Q. And before you got to Epstein's house
+never sent you a message over the Internet about
+sexual activity with Epstein, did she?
+A.
+No.
+e. Did
+ever try to convince you to
+engage in any sexual activity with Epstein?
+A. NO.
+l. Did
+every try to convince
+you to engage in any sexual activity with Epstein?
+A. I don't know who
+is.
+2. Do you have a friend
+A. No.
+l. Okay. Before you went so Epstein's house
+did anyone call or e-mail you to induce you to engage in
+sexual activity with Epstein?
+A.
+No.
+e. So you're sure that before you got to
+Epstein's house no one tried to persuade you to engage in
+sexual activity with Jeffrey Epstein?
+A. NO.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+51 of 316
+
+
+Case 9:08-CV-80804-KAM Pagument 1 Entered on FLSD Docket 07/21/2008 Page 52 of 100
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+You're sure that -- let me ask the question
+again.
+You're sure that before you got to
+Epstein's house no one tried to persuade you to engage in
+sexual activity with Epstein for money. Are you?
+MR. LEOPOLD: Objection.
+Asked and
+answered.
+THE WITNESS: No. And I've already
+answered that a bazillion times.
+BY MR. TEIN:
+He's coaching you now. So I'm going to ask
+the question --
+MR. LEOPOLD: Counsel, I've made an
+objection for the record.
+MR. TEIN: Stop speaking.
+MR. LEOPOLD: I'm not going to stop
+speaking. You can't interrupt me when I'm making
+the record.
+MR. TEIN: You're coaching the witness.
+MR. LEOPOLD: Counsel --
+MR. TEIN: Stop coaching the witness.
+BY MR. TEIN:
+e.
+let me ask you -
+MR. LEOPOLD: If you continue to -
+MR. TEIN: Stop interrupting my questions.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+52 of 316
+
+
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+MR. LEOPOLD: If you do it one more time,
+we're leaving.
+BY MR. TEIN:
+0.
+MR. LEOPOLD: I'm going to make the record.
+You cannot interrupt me when I'm making the
+record.
+Out of professional conduct, you cannot
+do that. I'm entitled to make the record. I made
+an objection, asked and answered. Your demeanor
+is inappropriate. You're willing and you are able
+and you're responsible to ask a question in a
+professional manner,
+and ask the question and once
+you get the answer, to either follow up on it or
+move on, but not continuously browbeat and ask the
+same question over and over because you don't like
+the answer.
+MR. TEIN: Calm down, sir.
+MR. LEOPOLD: Trust me, I'm very calm here.
+When I'm not calm, you'll know it. I'm very calm.
+So please continue on. But I will not
+allow you to continue to harass her in the
+demeanor that you're doing. Ask her a question
+and move on.
+MR. TEIN: Are you done?
+MR. LEOPOLD: Thank you. I am.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+53 of 316
+
+
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+MR. TEIN:
+Stop misrepresenting the record
+and calm down.
+I'm going to ask my question.
+Stop it.
+BY MR. TEIN:
+MR. LEOPOLD: I think the record is very
+clear.
+MR. GOLDBERGER: Let me just clarify
+something. When you object to the form of a
+question, you're not instructing the witness not
+to answer the question, are you?
+MR. LEOPOLD: No. And I'm not making that
+objection; only on attorney/client privilege.
+MR. TEIN: Will you stop speaking now so I
+can ask my question? Are you done?
+Okay. I'm going to ask my question.
+BY MR. TEIN:
+Listen,
+MR. LEOPOLD: Hold on. Stop.
+I've been doing this for 20 plus years and
+have met a lot of attorneys, but I've never had an
+experience like this where I've --
+MR. TEIN: Stop your speeches.
+MR. LEOPOLD: If you continue to do this,
+whether it's with me or with my client, I will not
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+54 of 316
+
+
+Case 9:08-cv-80804-KAM Dogument 1 Entered on FLSD Docket 07/21/2008 Page 55 of 100
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+put up
+with it and I don't need to put up with it
+and it's not appropriate. And I'm sure
+Mr. Goldberger knows all this, because I know that
+he wouldn't do this.
+So I will not put up with
+it. And I think it's highly inappropriate to do
+this with this child sitting here, the way you're
+acting, primarily towards me, and I will not put
+up with it.
+MR. TEIN: Will you please stop your speech
+so I can ask questions?
+MR. LEOPOLD: So long as you act
+professionally, I will do so. But if you continue
+to do it this way, I will leave.
+MR. TEIN: Suit yourself.
+10
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+BY MR. TEIN:
+e.
+are you sure that before you got to
+Epstein's house no one tried to persuade you to engage in
+sexual activity with Epstein for money?
+MR. LEOPOLD: Asked and answered.
+objection.
+MR. TEIN: Did you get her answer?
+THE COURT REPORTER: No, I did not.
+THE WITNESS: I'm sure.
+BY MR. TEIN:
+Let me ask you a few questions about your
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+55 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 56 of 100
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+contact with Jeffrey Epstein.
+Okay?
+A.
+(Witness nods head up and down.)
+Jeff never e-mailed you, did he?
+A.
+e.
+A.
+e.
+No.
+Jeff never text messaged you, did he?
+No.
+Jeff never chatted in a chat room with you,
+did he?
+A. NO.
+e. Before you got to Epstein's house you had
+never spoken to jeff, had you?
+A.
+No.
+And before you got to Epstein's house you
+had never met Jeff?
+A.
+Correct.
+e.
+Before you got to Epstein's house you had
+never told Jeff that you were under 18, right?
+A.
+No.
+Before you got to Epstein's house had you
+ever told Jeffrey that you were under 18?
+A.
+No. I never spoke to the man before that.
+And you only went to Jeff Epstein's house
+that one time three years ago, correct?
+A.
+Yes.
+You never went there again, correct?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+56 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 57 of 100
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+A.
+No.
+O. All right. Let me ask you two final areas
+of questioning about this and we'll move onto something
+else.
+Okay?
+A.
+Uh-huh.
+Yes.
+I'm sorry.
+e. Before you got to Epstein's did anyone
+associated with Epstein ever call you on the phone and
+try to persuade, induce, entice or coerce you to engage
+in any sexual activity?
+A.
+No.
+e.
+Before you got to Epstein's did anybody
+associated with Epstein ever contact you on the Internet
+and try to persuade, induce, entice or coerce you to
+engage in any sexual activity?
+A.
+No.
+e.
+who told you that when you got to
+Jeff Epstein's house you should lie to jeff about your
+age?
+A.
+e.
+Was it
+or was it the other girl in
+the car who you rode over with to Epstein's house?
+A.
+e.
+Who was the other girl in the car with you
+that day?
+A.
+I honestly don't know.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+57 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 58 of 100
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+Had you ever seen her before?
+A.
+No, sir.
+0.
+You told the police that when you rode over
+to Epstein's you had no idea who she was, right?
+A.
+Correct.
+l. You told the police that you didn't know
+her name, but she was like really dark, kind of like a
+Spanish girl?
+A. Yes.
+e.
+Those were your words, right?
+A.
+Yes.
+e.
+Do you now know who she is?
+A. No, sir.
+e. So it was
+who told you to lie about
+your age to Jeff Epstein?
+A. Yes, sir.
+e.
+And
+told you that if you weren't 18,
+Epstein wouldn't let you into his house, right?
+A.
+That's -- yes, yes.
+l. All right. Let's talk for a minute about
+when you first met Jeff. Okay?
+A. Sure.
+2. When you first met Jeff he tried to find
+out how old you were, right?
+A. Excuse me?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+
+
+Case 9:08-cv-80804-KAM Pogyment 1 Entered on FLSD Docket 07/21/2008 Page 59 of 100
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+When you first met Jeff he tried to find
+out how old you were, right?
+A.
+Not when we first introduced each other;
+when
+we get upstairs, then, yes.
+During the massage Jeff asked you how old
+you were, correct?
+A.
+Yes, yes.
+e. Now hadn't you already told Jeff's
+assistant, the one who walked you upstairs, that you went
+to college and had just moved down here from Ohio?
+A.
+I never spoke to the lady.
+Do you want to rethink that answer?
+MR. LEOPOLD: Is that a question?
+BY MR. TEIN:
+Do you want to rethink that answer?
+A. No. I didn't really speak with her that
+much.
+on that?
+Do you want to try to refresh your memory
+MR. LEOPOLD: Do you have something to
+refresh her memory with?
+MR. TEIN: Do you want to stop making
+speaking objections?
+MR. LEOPOLD: No. But to refresh someone's
+memory, you show them a document.
+1655 Paln Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+
+
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+MR. TEIN: I know how to do this.
+MR. LEOPOLD: Then show her
+a document.
+MR. TEIN: Stop speaking.
+MR. LEOPOLD: I'm not going to stop
+speaking. I'm going to continue to make the
+record.
+MR. TEIN: You're obstructing. Please
+stop.
+MR. LEOPOLD: I'm not obstructing. But if
+you want to refresh her recollection, you need to
+show her something.
+That's not a proper question. I object to
+the foundation and the predicate of that question.
+MR. TEIN: Are you done?
+MR. LEOPOLD: I am now. Thank you.
+BY MR. TEIN:
+e.
+Do you want to try to refresh your memory
+as to whether you had any conversation with the woman who
+walked you upstairs in Epstein's house in which you told
+her that you went to college and had just moved down from
+Ohio?
+MR. LEOPOLD: Objection. Object to the
+form of the question. Lack of foundation and
+predicate.
+BY MR. TEIN:
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+60 of 316
+
+
+Case 9:08-cv-80804-KAM Mament 1 Entered on FLSD Docket 07/21/2008 Page 61 of 100
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+e.
+A.
+You can answer the question.
+Sure.
+Q.
+Is there anything that would refresh your
+memory that in fact you told Mr. Epstein's assistant, the
+one who walked you upstairs, that you went to college and
+you had just moved down here from Ohio?
+A.
+I don't remember saying that, but if you --
+I don't remember saying that myself, so --
+e.
+That would be a lie, right?
+A.
+No. I really don't remember.
+e.
+So you told Jeff that you were 18 years.
+old, correct?
+A.
+Yes.
+e. Do you remember Detective
+Pagan of
+the Police Department, Palm Beach Police Department?
+A.
+Yes.
+Do you remember you spoke to her?
+A.
+Yes.
+e.
+Do you remember that you told Detective
+Pagan that when you lied about your age to Jeff you said
+it really fast because you didn't want to make it sound
+like you were lying?
+A. I don't remember the words exactly, but I
+do remember telling her I told him I was 18.
+e.
+And do you remember telling Detective Pagan
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+61 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 62 of 100
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+that when you lied to Epstein about your age that you
+said it really fast so Epstein wouldn't realize you were
+lying?
+A.
+No, I don't remember saying those words
+exactly to her. I remember telling
+her that I told
+Epstein I was 18.
+Does it sound right to you that you told
+Detective Pagan that you said your age really fast to
+Epstein -
+MS. BELOHLAVEK: Objection. Asked and
+answered.
+BY MR. TEIN:
+- so he wouldn't think that you were
+lying?
+MR. LEOPOLD: Objection. Asked and
+answered, lack of foundation, mischaracterization
+of her earlier testimony. She's already answered
+that question.
+BY MR. TEIN:
+l. You can answer it.
+MR. LEOPOLD: Same objection. It's been
+asked and answered.
+You can answer. I've made the objection.
+THE WITNESS: I forget the question, now.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+62 of 316
+
+
+Case 9:08-CV-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 63 of 100
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+BY MR. TEIN:
+Let me put it again.
+Does it sound right to you that you told
+Detective Pagan that when you lied about your age to
+Jeffrey Epstein, you said it really fast because you
+didn't want to make it sound like you were lying?
+MR. LEOPOLD: Objection. Lack of
+foundation, asked and answered.
+THE WITNESS: I could have possibly said
+that, yes.
+BY MR. TEIN:
+e.
+You didn't want Mr. Epstein to know that
+you were lying about your age, right?
+A.
+Correct.
+You didn't want Mr. Epstein to know that
+you were not 18 yet, right?
+A.
+Correct.
+You wanted Mr. Epstein to believe that you
+really were 18, right?
+A.
+Correct.
+Do you remember when Mr. Epstein asked
+where you went to school?
+A.
+Yes.
+l. And you told MI. Epstein you went to
+Wellington, right?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+63 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 64 of 100
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+A.
+Yes.
+Was that the truth?
+A.
+No.
+In fact, you went to
+Palm, right?
+A.
+Yes.
+0.
+So you lied to Mr. Epstein again, correct?
+A.
+Yes.
+Is Wellington the college that you told
+Jeff's assistant that you were attending?
+A.
+I don't remember having that conversation
+with her, so I wouldn't know if that's what I said.
+That was a lie, though, wasn't it?
+MR. LEOPOLD: Objection to the form of the
+question, lack of foundation. You're making an
+assumption. She just answered you she can't tell
+you that.
+MR. TEIN: Speaking objection. And you
+well know that, Mr. Leopold.
+MR. LEOPOLD: She can't answer that
+question. The way you phrased that question,
+you're purposely making her not be honest in her
+testimony. She can't answer a question like that.
+She doesn't remember. So then you say, "So you
+were lying." That's improper and you know that.
+That's not a proper question. And any attorney
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+64 of 316
+
+
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+that would do that to a witnesses or to a person
+that's sitting in this chair is not acting
+professionally. You can't ask a question like
+that. You can do it, but it's not proper. And
+I'm sure you weren't trained that way, certainly
+not ethically.
+MR. TEIN: Will you stop?
+MR. LEOPOLD: I'm not going to stop,
+because the way you're asking that question is
+improper and you know it.
+MR. TEIN: You're losing your cool.
+BY MR. TEIN:
+e.
+MS.
+--
+MR. LEOPOLD: Trust me. I'm very calm.
+When I lose my cool, you'll know it.
+MR. TEIN: I do know it.
+BY MR. TEIN:
+Ms.
+Mr. Epstein never asked you
+to do anything other than massage him, correct?
+A. Incorrect; because he asked me to take off
+my bra, so that would be two things he's asked me to do.
+e. Other than asking you to take your bra off,
+Mr. Epstein never asked you to do anything with him other
+than massage, correct?
+MR. LEOPOLD: Objection. Foundation,
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+65 of 316
+
+
+Case 9:08-cv-80804-KAM. Document 1 Entered on FLSD Docket 07/21/2008
+
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+Reporting and Transcripsino, Inc.
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+predicate.
+THE WITNESS: Correct.
+BY MR. TEIN:
+You told the police, in your words, that
+you did not whack him off, right?
+A.
+Correct.
+e.
+What does that mean?
+A.
+Whack, like whacking off?
+e.
+Your term, what does that mean?
+A.
+Masturbating.
+l. Mr. Epstein never tried at any time to grab
+your hand, did he?
+A.
+No.
+l. Mr. Epstein never tried to put your hand
+anywhere, did he?
+A.
+No.
+l. At no time did you touch Mr. Epstein's
+penis, did you?
+A.
+No.
+e. And he did not touch you, correct?
+A. Incorrect.
+l. Well, you told the police, "At no time did
+he touch me." Were you lying to the police then?
+A.
+No. Well, I wasn't being fully truthful,
+but I wasn't lying.
+1655 Paim Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+65 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 67 of 100
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+You told the police twice when you spoke to
+Pagan that "at no
+time did he touch me." Didn't
+you say that to the police?
+A.
+Yeah.
+Q. And you're saying that that was not fully
+truthful. Is that what you're saying now?
+A.
+Correct.
+And you're saying if you're not fully
+trithful, that's not a lie. Correct?
+A. You took that out of context like really
+bac. I didn't mean like that. Touching my legs and -
+he never kept his hands to himself the entire time.
+That's what I'm trying to say.
+e.
+You told the police, "At no times did he
+touch me. " You agree with that, correct?
+A.
+No, I don't agree with that, because he did
+touch me.
+Did you tell the police that he did not
+touch you, yes or no?
+A. It's a possibility, but I do not remember.
+2. Okay. And you did not have any type of sex
+with Jeff, correct?
+A. No.
+e. And you did not have any type of oral sex
+with Jeff, correct?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+57 of 316
+
+
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+A.
+No.
+No type of intercourse with Jeff, correct?
+A.
+Correct.
+All right. Let's talk about what happened
+after the massage was
+over.
+A.
+okay.
+After the massage, you told Epstein that
+you wanted to bring your twin sister back so she could
+make some money, correct?
+A.
+Incorrect.
+e.
+Your twin sister is
+right?
+A.
+Correct.
+e.
+And you love
+very much, don't you?
+A.
+Yes.
+And when you left the house you were joking
+with the other girls, weren't you?
+A.
+Incorrect.
+e.
+Well, when
+and the other girl in the
+car that day made their statements to the police they
+told the police that you were joking afterwards. Are you
+saying that they were lying to the police about that?
+A. No. But a question or -- questions from
+- like she asked me questions, but it wasn't
+joking. She was kind of like in a happy way, like, "•.
+what did you do? What did you do?" Like those kind of
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+
+
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+things,
+but it wasn't joking about it at all.
+Q.
+You joked about it, didn't you?
+A.
+No.
+You said to
+that if you did this
+every weekend you'd be rich, didn't you?
+A.
+No. That's what
+told me.
+You didn't tell that to
+MR. LEOPOLD: Objection. Asked and
+answered.
+THE WITNESS: No.
+BY MR. TEIN:
+After you left Epstein's house you took the
+money and you went shopping with
+and the other
+girl in the car, correct?
+A.
+Incorrect. I didn't spend any of the
+money.
+e.
+A.
+You went to Marshall's, didn't you?
+I went along, yes, but I didn't -
+You went shopping with them at Marshall's,
+didn't you?
+69 of 316
+MR. LEOPOLD: Objection.
+THE WITNESS: I guess you could say that.
+MR. LEOPOLD: Objection. Lack of predicate
+and foundation. Mischaracterization of earlier
+testimony.
+1655 Paln Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008
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+BY MR. TEIN:
+Q. And
+bought a purse, right?
+A.
+Yes.
+And you were with her the whole time at
+Marshall's, correct?
+A.
+Yes.
+Q.
+Now
+I tell me about when the federal
+prosecutors told you about getting reimbursed.
+A.
+I have no idea what you're talking about.
+e.
+Tell me about when the federal prosecutors
+spoke to you about getting money you feel you're entitled
+to from Mr. Epstein.
+A.
+I don't know what you're talking about.
+Do you know who
+Villafona is?
+A.
+No, sir.
+Did you ever meet with any federal
+prosecutors?
+A.
+think they were like FBI.
+e.
+I think -- yeah. I think they were -- I
+Uh-huh. Did you meet with federal
+prosecutors?
+A.
+They came to my house one time, yes.
+e. When did they come to your house?
+A. Very long ago.
+l. Was it this year, 2008?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+70 o1316
+
+
+Case 9:08-cv-80804-KAM. Document 1 Entered on FLSD Docket 07/21/2008 Page 71 of 100
+Cansor & Associates
+• Reporing and Transcription, Inc.
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+A.
+It was not this year, no.
+was it 2007?
+A.
+I'd have to say at least two years ago or a
+year ago, yeah. So it would be 2007, 2006; but it was a
+while ago.
+How many federal prosecutors or FBI agents
+came to your house?
+A.
+people came.
+I'm trying to remember. I want to say four
+Did they give you their business cards?
+A.
+If they did, I don't remember, and they
+weren't toward me. Maybe my parents have them. I don't
+know.
+R.
+A.
+Did they give you their cell phone numbers?
+No.
+e.
+Did you ever speak to them on their cell
+phones?
+A.
+No, sir.
+e. Did they speak to your parents?
+A.
+That's something you'd have to ask my
+parents.
+Do you know whether they spoke to your
+parent's?
+A.
+No, sir.
+You have no idea?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+71 of 316
+
+
+Dogument 1 Entered on FLSD Docket 07/21/2008 Page 72 of 100
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+A.
+No, sir.
+MR. LEOPOLD: Objection. Asked and
+answered.
+BY MR. TEIN:
+So if I say the name to you
+Villafona, you don't know who that is?
+A.
+No, sir.
+How many women and how many men came to
+your house?
+A.
+I want to say two ladies and two guys.
+e. Did someone named Jeffrey Sloman come to
+your house?
+A.
+I don't know names, sir.
+Q. Do you know who Jeffrey Sloman is?
+A.
+No, sir.
+2. Do you know who Jeffrey Herman is?
+A. Yes.
+l. That's the lawyer who first sued Epstein on
+your behalf, right?
+A.
+Yes.
+e.
+Has Mr. Herman advanced your family any
+money?
+MR. LEOPOLD: Any conversations that you've
+had with Mr. Herman regarding that issue, you are
+not to disclose. If you've learned in some other
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+72 of 316
+
+
+Case 9:08-CV-80804-KAM _PReument 1 Entered on FLSD, Docket 07/21/2008 Page 73 of 100
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+fashion, you may answer.
+THE WITNESS:
+Okay.
+I wouldn't
+know.
+BY MR. TEIN:
+You don't know?
+A.
+No.
+MR. LEOPOLD: Objection. Foundation.
+Attorney/client privilege.
+BY MR. TEIN:
+e.
+And you say you don't know who Jeff Sloman
+is?
+A.
+No, sit.
+Does it refresh your recollection that he's
+the number two prosecutor at the U.s. Attorney's Office?
+A.
+No.
+e.
+That he's
+Villafona's boss?
+A.
+No.
+Does it refresh your memory that he's the
+ex-partner of Jeff Herman, the first lawyer who sued
+you -- sued Mr. Epstein on your behalf for fifty million
+dollars?
+A.
+No, sir. I don't know who he is.
+Q. Without telling me any conversations that
+you've had with your lawyers, how is it that you selected
+Mr. Herman as your lawyer from the 81,000 members of the
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+73 of 316
+
+
+Case 9:08-cv-80804-KAM Rpgument 1 Entered on FLSD Docket 07/21/2008 Page 74 of 100
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+Florida Bar?
+A.
+I did not select him.
+Who did?
+A.
+My father.
+Did you ever meet Mr. Herman?
+A.
+Once.
+Don't -- don't tell me what you discussed
+with him. Where did you meet him?
+A. I was shopping in my -- he showed up at my
+friend's house.
+Whose house?
+A.
+My friend
+e.
+Is that
+from the Quarterdeck
+Tavern?
+A.
+e.
+Yes.
+And did you have a meeting with him at
+house?
+A.
+e.
+A.
+e.
+Yes. I guess you could say that.
+And who else was there?
+My Aunt
+And what was that meeting about?
+MR. LEOPOLD: Objection. That calls for
+attorney/client privilege.
+BY MR. TEIN:
+What discussions did you have with
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+74 of 316
+
+
+Case 9:08-cv-80804-KAM Dogyment 1 Entered on FLSD Docket 07/21/2008 Page 75 of 100
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+Mr. Herman in the presence of
+A.
+None.
+0. What discussions did you have in the
+presence of her aunt?
+A.
+Of my aunt?
+MR. GOLDBERGER: It's the witness's aunt.
+BY MR. TEIN:
+e.
+A.
+1 of your aunt.
+The only one that we've ever discussed or
+ever had.
+e.
+And so you were in a conversation with
+Mr. Herman and your aunt?
+A.
+Yes, sir.
+And you discussed privileged matters during
+that conversation?
+MR. LEOPOLD: Object to the form. I think
+you might have to educate her on that question.
+BY MR. TEIN:
+You discussed the lawsuit?
+A.
+Yes.
+l. Did
+tell you about any
+conversations that she had with Mr. Herman?
+A. As far as I'm concerned, she's never spoken
+or she's never had a conversation. She only opened the
+doo: and then left. She's the one who answered the door.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+75 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 76 of 100
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+Why did the meeting take place at
+house?
+A.
+Q.
+I spent the night that night at her house.
+And when was this?
+A.
+A while ago.
+How long ago?
+A.
+A month and a half ago. I'm guessing.
+A month and a half ago?
+A.
+Uh-huh.
+e.
+So was it before of after Mr. Herman filed
+the fifty-million-dollar lawsuit against Epstein?
+A.
+After.
+e.
+Did you meet with an FBI agent named
+Nesbitt Kurkendall, a woman?
+A.
+I don't know.
+Did Ms. Kurkendall speak to you about
+getting reimbursed from Mr. Epstein?
+A.
+I've never had a discussion with anyone
+about getting reimbursed from Mr. Epstein.
+e.
+Have you met with an agent named Jason
+Richards?
+A.
+e.
+A.
+Not to my knowledge.
+How about an agent named Tim Slater?
+No, sir.
+How about an agent named Junior Ortiz?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+76 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 77 of 100
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+Page 51
+A.
+No.
+Q.
+And we've learned that many of the girls,
+some of whom are as old as 23, were told by the
+government that they would get money at the end of the
+criminal prosecution.
+Does that sound familiar to you?
+A.
+No, sir.
+Other than Mr. Leopold here -- I'm not
+asking about Mr. Herman either --
+A.
+Uh-huh.
+-- did anyone ever discuss with you that
+you: could get reimbursement for your damages?
+A.
+No, sir.
+l. Did you or any member --
+MR. LEOPOLD: Are you referring to a
+criminal matter or a civil matter?
+BY MR. TEIN:
+e.
+Did you or any member -
+MR. LEOPOLD: Excuse me. Let me object to
+the form of the question.
+BY MR. TEIN:
+Did you or any member of your family ever
+get a victim notification letter from anyone?
+A. I no longer live at that residence and I
+wouldn't know.
+So your testimony is that you have never
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+TT of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 78 of 100
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+T8 of 316
+received a victim notification letter, correct?
+rect.
+e.
+And your testimony is that you don't know
+if your parents have ever received a victim notification
+letter, correct?
+A.
+Correct.
+0.
+Have you given any evidence to prosecutors
+or law enforcement in this case?
+A.
+What do you mean by evidence?
+Well. Anything that you can touch of feel.
+A.
+No.
+question.
+BY MR. TEIN:
+e.
+A.
+MR. LEOPOLD: Objection to the form of the
+So you haven't given anything physical -
+No.
+-- any item to any prosecutor, police
+officer or law enforcement agent, correct?
+A.
+My cell phone four years ago or three years
+ago, but that's it.
+You gave your cell phone to whom?
+A.
+e.
+A.
+MM Pagan.
+Did she keep it?
+Ask her.
+You gave it to her and then you didn't get
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 79 of 100
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+it back at the end of the meeting?
+A.
+No. They -- yeah. No. They have it. I'm
+guessing. I don't have it.
+Q. How much money are you hoping to get out of
+Mr. Epstein?
+MR. LEOPOLD: objection to the form of the
+question. Attorney/client privilege.
+BY MR. TEIN:
+9
+10
+11
+12
+13
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+How much money are you hoping to get, you,
+yourself, hoping to get out of Epstein?
+MR. LEOPOLD: Same. Same objection,
+attorney/client privilege.
+Don't answer the question.
+BY MR. TEIN:
+e. I'm not asking about what your lawyer told
+you.
+79 of 316
+... .
+MR. LEOPOLD: I'm instructing her not to
+answer the question, because any of those
+conversations involve her counsel.
+MR. TEIN: Certify that.
+MR. LEOPOLD: Please.
+....CERTIFIED QUESTION.
+.......••
+BY MR. TEIN:
+0. NoW,
+deposition, didn't you?
+you lied to get out of this
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 80 of 100
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+A.
+No, siI.
+Q. You didn't want to come to court today and
+tell the story that you had told to the police under
+oath, did you?
+MR. LEOPOLD: object to the form of the
+question. Lack of foundation, predicate.
+THE WITNESS: No. I have no problem coming
+here and talking to you.
+BY MR. TEIN:
+And to avoid getting served with a lawful
+subpoena, you lied about your name, didn't you?
+A. No.
+And in fact, just lying yourself wasn't
+enough, was it?
+MR. LEOPOLD: Objection to the form of the
+question.
+Don't answer it. It's not a question.
+Object to the form of the question. Lack
+of foundation.
+MR. TEIN: Are you instructing her not to
+answer?
+MR. LEOPOLD: I am.
+MR. TEIN: Certify it.
+MR. LEOPOLD: Please.
+80 of 316
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 81 of 100
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+…•••
+BY MR. TEIN:
+......CERTIFIED QUESTION........
+You asked your co-workers --
+MR. LEOPOLD: It's vague and ambiguous.
+BY MR. TEIN:
+Q. You asked your co-workers at the
+Quarterdeck Tavern to lie for you, didn't you?
+A. No. I informed my boss about what was
+going on and he told me that he would help in any way
+that he can.
+Okay. You got your friend
+'to lie
+by switching name tags with you, correct?
+A.
+Incorrect. It was a coincidence that same
+night she was not wearing her name tag; she was wearing
+mine. But I was also not wearing - I was wearing my
+name tag. Everyone switches name tags. It just so
+happens it was a coincidence that same night the people
+came with the papers.
+MR. TEIN: Will you put up Exhibit 18-001?
+MR. GOLDBERGER: And mark 18-001 for
+identification purposes to this deposition.
+MR. LEOPOLD: None of them have been marked
+yet. Can we mark them and put them as attachment
+to the depositions? Because I think you've shown
+three photos now. And this is the only one that
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+81 of 316
+
+
+Case 9:08-cv-80804-KAM Doçument 1 Entered on FLSD Docket 07/21/2008 Page 82 of 100
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+has been marked for identification yet.
+BY MR. TEIN:
+e.
+MR. LEOPOLD: Hold on just a second.
+Just
+so the record is clear --
+MR. TEIN: I'm not speaking to you.
+MR. LEOPOLD: Okay. Then don't speak to me
+then. But I'll speak to Mr. Goldberger, perhaps.
+But at least for the record, can we put on
+the record what the previous two photographs were
+marked for identification?
+MR. GOLDBERGER: We will make sure that the
+record is clear at the end of the deposition so
+that there's no ambiguity.
+MR. LEOPOLD: Thank you.
+BY MR. TEIN:
+e.
+I've put a photograph marked 18-001
+up on the screen. Do you see that?
+A. Yup.
+A.
+Who is that in the photo?
+on the left and me on the right.
+right?
+A.
+Yes.
+your friend at the
+Quarterdeck Tavern, right?
+1655 Palr Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+82 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 83 of 100
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+A.
+Yes.
+e.
+your friend, who you say the day
+that the process servers went to serve you with a
+subpoena for this deposition, just happened -- just by
+coircidence, was wearing your name tag?
+A.
+Yes, sir.
+And just by coincidence, you were wearing
+her name tag, correct?
+A.
+Yes.
+e.
+Your testimony under oath is that's just a
+coincidence, right?
+A.
+Total honesty.
+e. It just happens to be the day that you were
+going to be served with a subpoena, correct?
+A. That wasn't the first day that --
+MR. LEOPOLD:
+just answer the
+question. It calls for a yes or no.
+THE WITNESS: Yes.
+83 of 316
+BY MR. TEIN:
+e. You said that wasn't the first day you were
+going to be -- you thought you were being served with a
+subpoena, correct?
+A.
+Correct.
+e. You knew before the day that you switched
+name tags with
+that the process servers were
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 84 of 100
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+looking for you, didn't you?
+A.
+No. I knew --
+MR. LEOPOLD: Just answer it. It calls for
+a yes or no.
+THE WITNESS:
+Okay.
+No.
+BY MR. TEIN:
+Now you can explain the answer that your
+counsel stopped you from explaining.
+A. Okay. I work at Quarterdeck and people
+were telling me that people were looking for me. So yes,
+I was aware that people were searching for me. But I had
+no :dea who they were or what their intentions were. But
+I thought they were just people I didn't want to talk to.
+so i just didn't want to talk to them. And every time
+they'd come to work I wasn't there. And so happens the
+night that they came in me and my friend switched name
+tags. No big deal.
+e.
+That's a lie, isn't it?
+MR. LEOPOLD: Objection. Don't answer that
+question. That's harassment and I will not allow
+it. He could ask the questions and we'll allow a
+jury to make that determination, but not counsel.
+I will not allow her to answer that
+question.
+MR. TEIN: Certify it.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+84 of 316
+
+
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+MR. LEOPOLD: I'll certify it.
+..................CERTIFIED QUESTION..........
+She's
+answered that question.
+She's explained it five
+tines already. The fact that Counsel doesn't like the
+answer, that's a different query.
+MR. TEIN: Stop making speaking objections.
+MR. LEOPOLD: I'm not. I'm not going to
+put up with it, because it's in appropriate, jack,
+and you know it. I will not allow Counsel to
+berate a witness,
+whether it's in a criminal case
+or a civil case, whether my client or --
+MR. TEIN: Calm down.
+MR. LEOPOLD: Excuse me.
+No, I'm not going to allow it. That is not
+proper.
+MR. GOLDBERGER: Okay.
+MR. LEOPOLD: If he wants to say that she's
+lying after asking it five times and her
+explaining in great detail, he can do that. But
+I'm not going to allow her to answer, nor be
+harassed by him. It's improper.
+MR. GOLDBERGER: Okay. But your response
+that Counsel doesn't like the question -- or
+doesn't like the answer -- just let me finish.
+MR. LEOPOLD: Absolutely. I wasn't going
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 86 of 100
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+to interrupt you.
+MR. GOLDBERGER: Just requires us to say we
+like the answer to that question. And it's not
+you and I or you and Mr. Tein who are testifying
+here. It's the witness.
+MR. LEOPOLD: Fine. But after the sixth
+time of asking the same question and then coming
+back and pointing a finger at her and saying,
+"You're a liar" --
+MR. TEIN: That didn't happen.
+MR. LEOPOLD: That's fine. But I'm not
+going to allow her to answer that question,
+because she's answered that same question and has
+explained it.
+Now Counsel might be sitting there rubbing
+his head with a migraine. That's his problem.
+But if he can't ask a question appropriately in a
+professional manner, we will leave. I will not
+allow her to be berated like that.
+MR. GOLDBERGER: Actually, we're very happy
+with the answer.
+MR. LEOPOLD: That's great.
+MR. GOLDBERGER: Do you want us to get into
+that?
+MR. TEIN: Ted --
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+86 of 316
+
+
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+MR. LEOPOLD: This is really big stuff that
+you're going through.
+But that's fine; just ask
+your question and move on. But do it one time.
+If you don't understand it, I'll let you follow
+up, but I'm not going
+to allow you to ask the same
+question time and again and then call her a
+liar.
+Just ask the question, get the answer and move to
+the next subject matter.
+MR. TEIN: Ted, I'm sitting right across
+the table from you.
+MR. LEOPOLD: Yes, sir.
+MR. TEIN: Please be quiet. Don't yell.
+MR. LEOPOLD: I will not be quiet.
+MR. TEIN: Stop yelling.
+MR. LEOPOLD:
+when I'm yelling
+you'll know it. I will not --
+MR. TEIN: My name is not M
+MR. LEOPOLD: I thought your first name was
+1, MI. Tein.
+MR. TEIN: You watched me for three days at
+the evidentiary hearing where you sat in the back
+of the courtroom. You should know who I am.
+MR. LEOPOLD: Well, that's the impression
+you must have made in the courtroom.
+I will not be quiet.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+87 of 316
+
+
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+MR. TEIN: That's obnoxious. Stop being
+obnoxious. It's stupid. Let's go ahead with the
+questions.
+MR. LEOPOLD: I will make the record.
+MR. TEIN: Let's get on with the questions.
+MR. LEOPOLD: Do you need a break?
+(Thereupon, a recess was taken.)
+BY MR. TEIN:
+okay.
+after you told your manager
+at the Quarterdeck Tavern everything that was going on
+and he told you he would help you any way he could, he
+hid you in the kitchen from the process servers, correct?
+A.
+Incorrect.
+e.
+Isn't it true that lying to avoid service
+is a meaningless lie to you,
+A.
+Incorrect.
+What is your manager's name?
+A.
+I have three. Would you like to know
+all --
+e.
+A.
+Who's the one who lied for you?
+A.
+e.
+A.
+And what did
+do to lie for you?
+Said I wasn't there.
+And who did he tell wasn't there?
+Ask him.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+88 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 89 of 100
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+Reporting and Transcription, inc
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+Where were you when
+told this
+someone that you were not at the Quarterdeck Tavern?
+A.
+Eating nachos.
+e.
+At the Quarterdeck Tavern?
+A.
+Yes.
+What did you do so that
+would lie to
+the process servers for you?
+A.
+Nothing.
+You just got him to lie for you, didn't
+you?
+A.
+wasn't there.
+e.
+No. I had no influence on him saying I
+He took that upon himself?
+Isn't it true that MI. Epstein's process
+servers had to ask the police to get you out of the
+restaurant so that they could serve you?
+MR. LEOPOLD: Objection. Lack of
+foundation, predicate.
+BY MR. TEIN:
+You can answer the question.
+MR. LEOPOLD: If you know. Don't guess.
+THE WITNESS: No. Can you repeat the
+question?
+MR. TEIN: Don't coach.
+MR. LEOPOLD: Don't guess.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+89 of 316
+
+
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+MR. TEIN: That's a coaching.
+MR. LEOPOLD: No. That's an instruction to
+the client.
+MR. TEIN: No. You don't do that.
+THE WITNESS: Can you repeat the question?
+MR. LEOPOLD: Let me just state for the
+record --
+BY MR. TEIN:
+Once the police -- isn't it true that
+Mr. Epstein's process servers had to ask the police to
+get you out of the restaurant so that they could serve
+you?
+A.
+Incorrect. My boss called the police.
+And once the police showed up, to stop you
+from lying to avoid service, you made up another lie that
+the process servers had harassed you. Isn't that
+correct?
+A.
+e.
+Incorrect.
+You lie all the time, don't you?
+MR. LEOPOLD: Objection.
+THE WITNESS: Incorrect.
+BY MR. TEIN:
+You have a MySpace page, don't you?
+No longer do I have a Myspace page.
+A.
+deleted it.
+I
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+90 of 316
+
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+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 91 of 100
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+R.
+When did you delete your MySpace page?
+A. A couple days ago.
+Who told you to take your MySpace page down
+a couple of days ago?
+A.
+Nobody. I'm sick and tired of MySpace.
+You all of a sudden got sick and tired of
+MySpace and just a few days before this deposition you
+decided to delete your MySpace page, correct?
+A.
+Correct.
+Is that your testimony under oath?
+A.
+Yes.
+e.
+Did you take your MySpace page down because
+you thought the government might subpoena it?
+A.
+Incorrect.
+Hadn't your Myspace page been up for over
+three months before you took it down?
+A.
+Correct. But I also had made tons of
+MySpaces over the last years. I just get tired of them
+and delete them because -- drama -- and make new ones.
+e.
+We're going to talk about that.
+So you deleted your MySpace page after you
+were already under subpoena for this deposition, correct?
+Correct.
+A.
+e.
+What about the MySpace page didn't you want
+us to see,
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+91 of 316
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 92 of 100
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+A.
+Nothing.
+Q. Well, we're going to come back to MySpace
+in a second.
+A.
+You do that.
+'m going to ask you some questions
+about why you lie about your age so often, okay?
+MR. LEOPOLD: Objection to the form.
+Argumentative.
+BY MR. TEIN:
+l.
+You lie about your age all the time, don't
+you?
+82 of 316
+MR. LEOPOLD: Objection, argumentative.
+THE WITNESS: Incorrect.
+BY MR. TEIN:
+l.
+You lie about your age to get body
+piercings, don't you?
+A.
+Incorrect.
+e.
+You have body piercings, don't you?
+A.
+Yes.
+e.
+You have four body piercings; isn't that
+right?
+A.
+Five.
+other than the piercings on your ears -
+I'm not talking about that -
+A.
+I, then no; just one.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+
+
+Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 93 of 100
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+0.
+And where is the one body piercing?
+A.
+Belly.
+When did you get that?
+A.
+For my birthday, with my stepmother and my
+father.
+And when was that?
+A.
+When I was 14.
+e.
+Okay. So you had that body piercing when
+you met Epstein, correct?
+A.
+It might have been, or maybe that - yeah,
+either my 14th birthday or my 15th. I honestly don't
+remember.
+Now you've lied about your age to get into
+bars by using driver's licenses that aren't yours,
+correct?
+A.
+Incorrect.
+l. Are you swearing under oath that you've
+never done that?
+A.
+Yes, I swear under oath.
+And you've lied about your age to buy beer,
+correct?
+A.
+Incorrect.
+You're swearing under oath that you've
+never lied to stores about your age?
+A. I've never lied to a store about my age of
+1655 Pam Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+93 of 316
+
+
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+anything.
+Q.
+You try to look much older than you are,
+don't you?
+A.
+Incorrect.
+And you've lied about your age on your
+MySpace pages, don't you?
+A.
+Incorrect.
+e.
+All right. Let's look at Exhibit 26-01
+one.
+MS. BELOHLAVER: 26-001?
+MR. TEIN: Yes.
+BY MR. TEIN:
+On this page you lied to everyone that you
+were 18, didn't you?
+A.
+Correct.
+e.
+Let's go to Exhibit 33.
+MS. BELOHLAVEK: That's 33-001?
+TEIN: Correct.
+BY MR. TEIN:
+On this page you lied to everyone that you
+were 19, didn't you?
+A.
+Incorrect.
+MR. LEOPOLD: Just answer the question.
+THE WITNESS:
+• incorrect.
+BY MR. TEIN:
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+94 of 316
+
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+Now you can explain your answer.
+A. I know that I have seen all of these and I
+know that this one is mine.
+Can you go down?
+MR. LEOPOLD: Just for the record, you're
+pointing to the photo.
+THE WITNESS: I'm pointing to
+BY MR. TEIN:
+You're pointing to the one where it says
+your age is 18?
+A.
+Correct.
+l. That's yours, right?
+A. Correct. That's mine from a couple years
+ago that I have not been on, because I don't use that.
+Please keep going down, please. And I think that's it,
+because there's no one -- just that one is mine.
+l. So the one you pointed to where it says
+your age is 18, that's yours, correct?
+A.
+Correct.
+And when you wrote 18 as your age on your
+MySpace page, that was a lie, wasn't it?
+A.
+Correct.
+l. Did you lie about your MySpace page back
+then because you couldn't post on MySpace unless you were
+18?
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+95 of 316
+
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+A.
+Correct.
+There was a rule many years ago
+that you had to be 18 to have a MySpace.
+So you lied about your age so you could
+post on MySpace, right?
+A.
+Yes.
+Q.
+Let's go back to the top one on this page,
+33-01.
+Are you testifying now under oath that this
+Myspace page where the headline says, "Iwins do have more
+fun, " and the location is given as Lox, abbreviation for
+Loxahatchee, and the age is 19, and it says
+is it your testimony that you did not post
+that?
+A.
+correct.
+l. Now let's go back to the one that you were
+pointing to before on this page, where it says your age
+is 18 and you lied about your age to post MySpace, okay?
+A.
+Uh-huh, yes.
+All right. Why did you finally put your
+true age on your MySpace profile four days before you
+were scheduled to testify before the Grand Jury?
+A.
+I don't know what you're talking about.
+MR. LEOPOLD: If you don't understand, ask
+him to ask the question again.
+MR. TEIN: Don't coach.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+96 of 316
+
+
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+THE WITNESS: I don't know which MySpace
+you're talking about.
+BY MR. TEIN:
+e. The MySpace page that you're just pointing
+to, where it says you were 18.
+A. Yes.
+Q. And you were lying about your age, right?
+A.
+Uh-huh.
+Why did you finally post your true age on
+your MySpace profile --
+A.
+Uh --
+e.
+-- four days before you were scheduled to
+testify before the Grand Jury?
+A.
+I honestly don't know which Myspace,
+because I've had like a bazillion Myspaces, and in that
+year, I had two, that one and another one, and that one's
+been deleted. So I don't know which one you're referring
+to.
+You remember that you changed your age on
+your MySpace page from 18 to your true age just four days
+before you went and testified in the Grand Jury?
+A.
+No.
+e. You don't remember that.
+A. No.
+e. Do you remember Detective Recarey? Did you
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+87 of 316
+
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+ever meet a Detective Recatey?
+A.
+I don't know the names.
+How many different detectives have you met
+with on this case from Palm Beach?
+A.
+Probably a good six or seven, maybe.
+Did one of the detectives tell you before
+you testified in the Grand Jury that you should take your
+Myspace age and put your true age?
+A.
+No.
+Didn't Detective Recarey have to come to
+your house to pick you up to get you to testify in front
+of the Grand Jury?
+A.
+Possibly; maybe because I didn't have a
+rice; I was only 14 or 15 at the time.
+e.
+Your mom didn't drive you?
+A.
+No.
+Stepmom didn't drive you?
+A.
+I think my dad.
+•, my dad; my dad drove
+me.
+e.
+A.
+Your dad drove you?
+Yes, sir.
+So your testimony is Detective Recarey did
+not drive you, correct?
+MR. LEOPOLD: Objection. /asked and
+answered.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+98 of 316
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+THE WITNESS:
+No. I'm pretty sure my dad
+drove me, because he was there with me.
+5
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+BY MR. TEIN:
+e. Did any detective tell you to change your
+age on your MySpace page, to put your true age?
+A.
+No, sir.
+Now you also lied on your MySpace page
+about your income, didn't you?
+A.
+Yes.
+e.
+And you lied, saying that you made a
+quarter million dollars a year and higher, correct?
+A.
+As a joke, yes.
+e.
+That was a lie, wasn't it?
+A.
+Yes.
+e.
+And you also lied on your MySpace page,
+saying that you were married, didn't you?
+A.
+Possibly. And that might have been an
+error on my part.
+Now you also lie to the police, don't you?
+A.
+No.
+e.
+Well, you lied to the police in your
+tape-recorded statement that you gave to Detective
+Pagan three years ago, didn't you?
+A.
+To my knowledge, no, I did not.
+e. Well, you lied to the police when you
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+99 of 316
+
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+accused Mr. Epstein of attempting to murder your father,
+didn't you?
+A. No. I never heard a statement saying that
+Mr. Epstein tried to murder my father.
+Q. You made that statement, didn't you?
+MR. LEOPOLD: Do you have a statement to
+show her? That's been asked and answered.
+MR. TEIN: I'm sorry. I didn't hear the
+witness' answer, Mr. Leopold.
+BY MR. TEIN:
+you told the police, didn't you,
+that Mr. Epstein almost killed your father, didn't you?
+A.
+No.
+l. Three years ago, before Mr. Epstein even
+knew about this investigation, you told the police that
+Epstein had "already come to my dad's house and did
+something to my dad's tires and my dad almost died. I
+didn't want my dad to get hurt, because Jeff already
+almost killed him."
+Didn't you say that?
+A.
+Not to my knowledge or recollection.
+I
+have never said anything like that.
+R.
+That would have been a complete lie,
+wouldn't it have been?
+A.
+Yeah.
+1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
+100 of 316
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