MEMY-1805 marker2 court-doe-v-us (salt 4090): 92/92

marker2/court-doe-v-us/EFTA02757462/EFTA02757462.md

@@ -18,9 +18,9 @@ Respondent.
 
 #### DECLARATION OF A. VILLAFARA IN SUPPORT OF GOVERNMENT'S RESPONSE AND OPPOSITION TO PETITIONERS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JUDGMENT
 
-- 1. I, A. Villaftula, do hereby declare that I am a member in good standing of the Bar of the State of Florida. I graduated from the University of California at Berkeley School of Law (Boalt ) in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein.
+1. I, A. Villaftula, do hereby declare that I am a member in good standing of the Bar of the State of Florida. I graduated from the University of California at Berkeley School of Law (Boalt ) in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein.
 
-- 2. I am the Assistant United States Attorney who was assigned to the investigation of
+2. I am the Assistant United States Attorney who was assigned to the investigation of
 
 Jeffrey Epstein. For purposes of 18 U.S.C. § 3771(a)(5), I was the "attorney for the Government," although, as discussed below, no federal criminal charges were ever filed and there was no "case," as that term is used in the statute. I have previously filed two Declarations (see DE14 and DE35). This Declaration repeats some of the information contained in the earlier Declarations for ease of reference.
 
@@ -229,7 +229,7 @@ Executed this 2nd day of June, 2017.
 | 9              | February 20, 2008 Deposition Transcript, State ofFlorida v. Jeffrey Epstein |
 | 10             | June 12, 2009 Hearing Transcript, Jane Doe, et al. v. Jefitey Epstein, S.D. |
 
-### Exhibit 1
+# Exhibit 1
 
 ![](_page_25_Picture_1.jpeg)
 
@@ -574,13 +574,13 @@ hi summary, our concern is that if thegovernment believes that Mr. Epstein:commi
 
 # Exhibit 6
 
-![](_page_44_Picture_299.jpeg)
+![](_page_44_Picture_300.jpeg)
 
 UNITED STATES DISTRICT COURT  
 SOUTHERN DISTRICT OF FLORIDA  
 NORTHERN (WEST PALM BEACH) DIVISION
 
-![](_page_44_Picture_301.jpeg)
+![](_page_44_Picture_302.jpeg)
 
 FILED BY \_\_\_\_\_  
 2007 APR 16 PM 2:15  
@@ -588,7 +588,7 @@ S.D. OF FLA. 4 WPB
 
 IN RE:
 
-![](_page_44_Picture_304.jpeg)
+![](_page_44_Picture_305.jpeg)
 
 SEALED ORDER
 
@@ -604,7 +604,7 @@ On Application of the United States Attorney for the Southern District of Florid
 
 NOW, THEREFORE, it is ordered pursuant to Title 18, United States Code, Section 6002, that T [REDACTED] M [REDACTED] give testimony and provide other information which she refuses to give or to
 
-![](_page_44_Picture_312.jpeg)
+![](_page_44_Picture_313.jpeg)
 
 provide on the basis of her privilege against self-incrimination, as to all matters about which she may be interrogated before said United States District Court, [REDACTED]  
 as well as any subsequent proceeding or trial.
@@ -751,8 +751,6 @@ limniv R. SLATER Section Chief Federal Bureau of Investigation Washington, D.C.
 
 ![](_page_57_Picture_2.jpeg)
 
-![](_page_57_Figure_4.jpeg)
-
 Repartiay sed TrautipliC41,
 
 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
@@ -831,22 +829,20 @@ Page 4
 
 Deposition taken before Judith F. Censor, Court Reporter and Notary Public in and for the State of Fldrida at Large, in the above cause.
 
- Thereupon,
+Thereupon,
+
+having been first duly sworn or affirmed, was examined and testified as follows:
 
- having been first duly sworn or affirmed, was examined and testified as follows:
+THE WITNESS: I do.
 
-THE WITNESS: I do. DIRECT EXAMINATION
+DIRECT EXAMINATION
 
 BY MR. TEIN:
 
 O. Good afternoon. Please tell me your full name.
 
-A.
-
 Q. And can you please spell it.
 
-A.
-
 Q. Thank you.
 
 May I call you Ow
@@ -1011,7 +1007,13 @@ IIIIIIIIplet me instruct you. Anything that you have learned through conversatio
 
 13 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 17 discussions, do not answer that question.
+14 If you know the answer to that outside of
+
+15 our discussions, you may answer. If it is the
+
+16 only way that you know the answer is through our
+
+17 discussions, do not answer that question.
 
 18
 
@@ -1479,27 +1481,63 @@ Page 2:
 
 25 BY MR. TEIN:
 
-![](_page_78_Picture_2.jpeg)
+Case 9:08-cv-80804-KAM nt 1 Entered on FLSD Docket 07/21/2008 Page 48 of 100
+
+![](_page_78_Picture_3.jpeg)
+
+sor & Associates
+
+Roporting maul Transctiplion, inc.
 
 Page 22
 
  Q. You wrote that to your friend, didn't you?
 
- answered, for the fourth time. MR. LEOPOLD: Objection. Asked and
+ MR. LEOPOLD: Objection. Asked and
 
- Mr. Leopold. You have no grounds to object. And that's not an objection. MR. TEIN: You are improperly objecting,
+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.
 
 7 MR. LEOPOLD: It is an objection.
 
-MR. TEIN: Then terminate the deposition if you think it's been asked and answered.
+MR. TEIN: Then terminate the deposition if
+
+you think it's been asked and answered.
 
-10 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 17 will do that.
+10 MR. LEOPOLD: Counsel, I am not precluded
 
-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.
+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
+
+17 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. TEIN: Of course; because you want to
+
+obstruct.
 
 MR. LEOPOLD: All right.
 
@@ -1511,11 +1549,15 @@ Page 23
 
 1 BY MR. TEIN:
 
-2 Q. \_you think that giving testimony 3 today, under oath, is bull s-h-i-t, don't you?
+2 Q. \_you think that giving testimony
+
+3 today, under oath, is bull s-h-i-t, don't you?
 
 4 A. No.
 
-5 Q. And you wrote that to your friend on 6 MySpace last week, didn't you?
+5 Q. And you wrote that to your friend on
+
+6 MySpace last week, didn't you?
 
 7 MR. LEOPOLD: Objection. Asked and 8 answered.
 
@@ -1565,11 +1607,11 @@ nsor & Associates Repnning Mid Transcription. lax.
 
 19 Q. You didn't expect it at all, did you?
 
-20 A. No.
+20 22 A. No. S ias taking you to Epstein's house, right?
 
-21 22 Q. You had absolutely no idea why your friend S ias taking you to Epstein's house, right?
+21 Q. You had absolutely no idea why your friend
 
-23 A. I was informed it was a massage.
+23
 
 24 25 Q. All you thought that it was going to be was a massage, correct?
 
@@ -1577,6 +1619,8 @@ Page 24
 
 Q. Did what happened upstairs at Jeff Epstein's house take you completely by surprise,
 
+A. I was informed it was a massage.
+
 ![](_page_81_Picture_2.jpeg)
 
 RelmninpamManm6pckm.Inc.
@@ -1663,10 +1707,12 @@ BY MR. TEIN:
 
 O.
 
- S 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 <sup>a</sup> 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. 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 <sup>a</sup> 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.
 
 Page 27
 
+S
+
 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.
@@ -1743,7 +1789,7 @@ G1 MR. TEIN: Did you get her answer?
 
 ![](_page_86_Picture_2.jpeg)
 
-nsor & Associates Ropongni, and Tunscrimi co, Mc.
+Ropongni, and Tunscrimi co, Mc.
 
 Page 30
 
@@ -2265,7 +2311,7 @@ Page 43
 
 ![](_page_100_Picture_2.jpeg)
 
-nsor & Associates feoponing and TnnscrIptico, Inc. 7 Q. Now tell me about when the federal 8 prosecutors told you about getting reimbursed. 10 Q. Tell me about when the federal prosecutors 11 spcke to you about getting money you feel you're entitled 13 A. I don't know what you're talking about. 14 Q. Do you know who Villafona is? 16 Q. Did you ever meet with any federal
+feoponing and TnnscrIptico, Inc.
 
 Page 44
 
@@ -2275,27 +2321,27 @@ Page 44
 
 3 A. Yes.
 
-4 O. And you were with her the whole time at
-
-5 Marshall's, correct?
+4 O. And you were with her the whole time at 5 Marshall's, correct?
 
 6 A. Yes.
 
+7 Q. Now tell me about when the federal 8 prosecutors told you about getting reimbursed.
+
 9 A. I have no idea what you're talking about.
 
-12 to from Mr. Epstein.
+10 Q. Tell me about when the federal prosecutors 11 spcke to you about getting money you feel you're entitled 12 to from Mr. Epstein.
 
-15 A. No, sir.
+13 A. I don't know what you're talking about.
 
-17 prosecutors?
+14 Q. Do you know who Villafona is?
 
-18 A. I think -- yeah. I think they were -- I
+15 A. No, sir.
 
-19 think they were like FBI.
+16 Q. Did you ever meet with any federal 17 prosecutors?
 
-20 Q. Uh-huh. Did you meet with federal
+18 A. I think -- yeah. I think they were -- I 19 think they were like FBI.
 
-21 prosecutors?
+20 Q. Uh-huh. Did you meet with federal 21 prosecutors?
 
 22 A. They came to my house one time, yes.
 
@@ -2515,8 +2561,6 @@ nsor & Associates Roparzinp aid Trimscsipilop,, al( .
 
 Page 50
 
-Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 16 OM 08-80736-CV-MARRA 001282
-
 ![](_page_107_Picture_2.jpeg)
 
 Reporting JAI, Trassoriptinn. Inc.
@@ -2899,8 +2943,6 @@ sor & Associates }tenoning and Traumaloam, Inc
 
 I MR. TEIN: That's obnoxious. Stop being 2 obnoxious. It's stupid. Let's go ahead with the 3 questions.
 
-Page 62
-
 4 MR. LEOPOLD: I will make the record.
 
 5 MR. TEIN: Let's get on with the questions.
@@ -3113,7 +3155,7 @@ Page 66
 
 ![](_page_123_Picture_2.jpeg)
 
-nsor & Associates Itopamng and Iransciiinies,.1ric
+Itopamng and Iransciiinies,.1ric
 
 Q. 1 And where is the one body piercing?
 
@@ -3377,7 +3419,7 @@ Q. Did any detective tell you to change your 5 age on your MySpace page, to put
 
 ![](_page_130_Picture_2.jpeg)
 
-sor & Associates Koprotetp nn l Traiscription. Inc. •
+Koprotetp nn l Traiscription. Inc. •
 
 Page 74
 
@@ -3481,92 +3523,33 @@ For C.M.A. 561.582.7600
 
 1
 
-2
-
-3
-
-4
-
-5
+ROBERT C. JOSEFSBERG, ESQ. 2 Podhurst Orseck Josefsberg 25 West Flagler Street 3 Miami, FL 33130
 
-6
-
-7
+For Jane Doe 101 305.358.2800 4 (Via telephone) 5 KATHERINE W. EZELL, ESQ. Podhurst Orseck Josefsberg 6 25 West Flagler Street Miami, FL 33130
 
-8 FOR THE DEFENDANT:
+7 For Jane Doe 101 305.358.2800 8 FOR THE DEFENDANT: ROBERT D. CRITTON, JR., ESQ. MICHAEL BURMAN, ESQ. 9 Burman Critton, etc. 515 North Flagler Street
 
-9
-
-10
+10 West Palm Beach, FL 33401 561.842.2820
 
 11
 
-12
-
-13
+JACK A. GOLDBERGER, ESQ. 12 Atterbury Goldberger Weiss 250 Australian Avenue South 13 West Palm Beach, FL 33401 561.659.8300
 
 14
 
-15
-
-16
+As AMIcas cwebitc: VILLAFANA, ESQ. 15 Assistant U.S. Attorney 500 East Broward Boulevard 16 Fort Lauderdale, FL 33394 For U.S.A. 954.356.7255
 
 17
 
-18
+G. WEINBERG, ESQ. 18 20 Park Plaza Boston • 02116 19 (Via telephone) 617.227.3700 20 JAY LEFKOWITZ, ESQ. (Via telephone)
 
-19
+21
 
-20
+REPORTED BY: LARRY BERRI. RPR-RMR-FCRR-AE
 
-21
+22 Official United States Court Reporter Federally Certified Realtime Reporter 23 400 North Miami Avenue, Room 8N09 Miami, FL 33128 305.523.5290
 
-ROBERT C. JOSEFSBERG, ESQ.  
-Podhurst Orseck Josefsberg  
-25 West Flagler Street  
-Miami, FL 33130  
-For Jane Doe 101 305.358.2800  
-(Via telephone)  
-KATHERINE W. EZELL, ESQ.  
-Podhurst Orseck Josefsberg  
-25 West Flagler Street  
-Miami, FL 33130  
-For Jane Doe 101 305.358.2800  
-ROBERT D. CRITTON, JR., ESQ.  
-MICHAEL BURMAN, ESQ.  
-Burman Critton, etc.  
-515 North Flagler Street  
-West Palm Beach, FL 33401  
-561.842.2820
-
-JACK A. GOLDBERGER, ESQ.  
-Atterbury Goldberger Weiss  
-250 Australian Avenue South  
-West Palm Beach, FL 33401  
-561.659.8300
-
-AS AMICUS CURIAE:
-
-[REDACTED] VILLAFANA, ESQ.  
-Assistant U.S. Attorney  
-500 East Broward Boulevard  
-Fort Lauderdale, FL 33394  
-For U.S.A. 954.356.7255
-
-[REDACTED] G. WEINBERG, ESQ.  
-20 Park Plaza  
-Boston [REDACTED] 02116  
-(Via telephone) 617.227.3700  
-JAY LEFKOWITZ, ESQ.  
-(Via telephone)
-
-REPORTED BY:
-
-LARRY HERR, RPR-RMR-FCRR-AE  
-Official United States Court Reporter  
-Federally Certified Realtime Reporter  
-400 North Miami Avenue, Room 8N09  
-Miami, FL 33128 305.523.5290
+24
 
 1 THE COURT: We are here in the various Doe vs. Epstein 2 cases.
 
@@ -3736,13 +3719,7 @@ warranted. And- what-tha-Court- went-Zn-Yes "nay in Li t if 23 defendant does no
 
 16 But has anyone suggested to you on behalf of the 17 United States that there is something that you've done in 18 defending this case that they believe may or could be construed 19 as a violation of the non-prosecution agreement? Has anyone 20 pointed to anything that you've done? For example, the fact 21 that you've wanted to take their -- I don't know if you've
 
-1ul.lLeU Ue1JUS161UHS 01 nUL In -carre7--hat tf —you-i-ve—crerrt-
-
-23 notice of taking deposition, if you sent requests for
-
-24 production of documents, if you sent interrogatories, if you
-
-1 in the context of this case been brought to your attention as a 2 potential violation?
+1ul.lLeU Ue1JUS161UHS 01 nUL In -carre7--hat tf —you-i-ve—crerrt-23 notice of taking deposition, if you sent requests for 24 production of documents, if you sent interrogatories, if you 25 issued third party subpoenas? Is anything you've done thus far 1 in the context of this case been brought to your attention as a 2 potential violation?
 
 3 MR. CRITTON: I have received no notification nor am I 4 aware that we've received any notification of any action that 5 we have taken today. As I suggested to the Court, I don't know 6 when they've done or not. And in their papers they suggested, 7 well, we don't know everything that's gone on in the civil 8 litigation.
 
@@ -3794,9 +3771,7 @@ warranted. And- what-tha-Court- went-Zn-Yes "nay in Li t if 23 defendant does no
 
 4 Is there any plaintiff's attorney who is contending 5 that the defense of these civil actions by Mr. Epstein is going 6 to constitute a breach of the non-prosecution agreement?
 
-7 MR. JOSEFSBERG: Your Honor, this is Bob Josefsberg.
-
-8 May I speak?
+7 MR. JOSEFSBERG: Your Honor, this is Bob Josefsberg. 8 May I speak?
 
 9 THE COURT: Yes, sir.
 
@@ -3838,9 +3813,7 @@ warranted. And- what-tha-Court- went-Zn-Yes "nay in Li t if 23 defendant does no
 
 9 So if you're telling me that you're not going to urge 10 the United States, on behalf of any of your clients, to take 11 the position that he's breached the agreement because he's 12 taking depositions, because he's pursuing discovery, because 13 he's conducting investigations that anyone in any other type of 14 civil litigation might conduct with respect to plaintiffs that 15 are pursuing claims against a defendant, that those typical 16 types of actions, in your judgment, are not breaches of the 17 agreement and that he can go forward and defend the case as any 18 other defendant could defend, and you're not going to run to 19 the United States and say, hey, he's breaching the agreement by 20 taking depositions and he's breaching the agreement by issuing 21 subpoenas to third parties in order to gather information --rreressanr -to- de-tend , -t don't leave a yrutsiem. -But if 23 going to be accused of breaching the agreement because he sends 24 out a notice of deposition of one of your clients, how is he 25 supposed to defend the case?
 
-1 MR. JOSEFSBERG: Your Honor, you're totally correct.
-
-2 He can depose my client. That's not a problem. But the 3 problem is that these are not typical clients and this is not a 4 typical case. He has written in his pleadings that he wants to 5 publish the names of these girls in the newspapers so that 6 other people may come forward to discuss their sexual 7 activities with these different plaintiffs. That's not your 8 typical case. But are rulings that you'll make in this case, 9 and they're not part of the NPA.
+1 MR. JOSEFSBERG: Your Honor, you're totally correct. 2 He can depose my client. That's not a problem. But the 3 problem is that these are not typical clients and this is not a 4 typical case. He has written in his pleadings that he wants to 5 publish the names of these girls in the newspapers so that 6 other people may come forward to discuss their sexual 7 activities with these different plaintiffs. That's not your 8 typical case. But are rulings that you'll make in this case, 9 and they're not part of the NPA.
 
 10 As far as my going to the Government is concerned, I 11 find it very uncomfortable for me to use the Government to try 12 to pursue my financial interest in litigation. And I know that 13 Mr. Epstein and his counsel will make much ado about it. So I 14 am not going to be running there.
 
@@ -4094,9 +4067,7 @@ lability. THNE clearly was never envisioned- by any of the 23 defendants -- by t
 
 16 MR. JOSEFSBERG: Mr. Critton refers to the alleged 17 victims. I want you to know that our position is that pursuant 18 to the NPA they're not alleged victims. They are actual, real 19 victims, admitted victims.
 
-20 Secondly, he argues about the statute of limitations 21 on 102. I know that you don't want to hear about that, and I'm
-
-22 not going to comment about it. But please don't take our lack 23 of argument about this as being we agree with anything.
+20 Secondly, he argues about the statute of limitations 21 on 102. I know that you don't want to hear about that, and I'm 22 not going to comment about it. But please don't take our lack 23 of argument about this as being we agree with anything.
 
 24 Last and most important, we totally agree with 25 Mr. Critton in his suggestion that he hand you a copy of the