Jeffrey Epstein Part 22 of 22.pdf

FEDERAL BUREAU OF INVESTIGATION
FOI/PA DELETED PAGE INFORMATION SHEET
Civil Action No.: 17-cv-03956
Release Date: January 31, 2020

Total Withheld Page(s) = 4

Bates Page Reference
03956-11026-11027
03956-11028-11029

Reason for Withholding
(i.e., exemptions with coded rationale, duplicate, sealed by order of court, etc.)
Duplicate copies of 10983-10984
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[Page 2]
Case 9:08-cv-80119-KAM Document 113-2 Entered on FLSD Docket 05/22/2009 Page 2 of 4
1

IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CRIMINAL DIVISION

STATE OF FLORIDA
vs
JEFFREY EPSTEIN,
Defendant.

CASE NO. 06 CF9454AMB
08 9381CFAMB

PLEA CONFERENCE

PRESIDING: HONORABLE DEBORAH DALE PUCILLO

APPEARANCES:
ON BEHALF OF THE STATE:
BARRY E. KRISCHER, ESQUIRE
State Attorney
401 North Dixie Highway
West Palm Beach, Florida 33401
By: LANNA BELOHLAVEK, ESQUIRE
Assistant State Attorney

ON BEHALF OF THE DEFENDANT:
ATTERBURY, GOLDBERGER & WEISS, P.A.
250 Australian Avenue South
Suite 1400
West Palm Beach, Florida 33401
By: JACK GOLDBERGER, ESQUIRE

CERTIFIED COPY

June 30, 2008
Palm Beach County Courthouse
West Palm Beach, Florida 33401
Beginning at 8:40 o'clock, a.m.

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER
03956-10980

[Page 3]
Case 9:08-cv-80119-KAM Document 113-2 Entered on FLSD Docket 05/22/2009 Page 3 of 4
20

regularly congregate?
MS. BELOHLAVEK: I personally do not know.
THE COURT: Neither do I, which is why I'm asking. Has that been investigated?
MR. GOLDBERGER: We have done our due diligence, for what it's worth, there is a residential street. There are not children congregating on that street. We think the address applies, if it doesn't, we fully recognize that he can't live there.
THE COURT: Okay. D is, you shall not have any contact with the victim, are there more than one victim?
MS. BELOHLAVEK: There's several.
THE COURT: Several, all of the victims. So this should be plural. I'm making that plural. You are not to have any contact direct or indirect, and in this day and age I find it necessary to go over exactly what we mean by indirect. By indirect, we mean no text messages, no e-mail, no Face Book, no My Space, no telephone calls, no voice mails, no

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER
03956-10981

[Page 4]
Case 9:08-cv-80119-KAM Document 113-2 Entered on FLSD Docket 05/22/2009 Page 4 of 4
21

messages through carrier pigeon, no messages through third parties, no hey would you tell so and so for me, no having a friend, acquaintance or stranger approach any of these victims with a message of any sort from you, is that clear?
THE DEFENDANT: Yes, ma'am
THE COURT: And then it states, unless approved by the victim, the therapist and the sentencing court. Okay.
THE DEFENDANT: I understand.
THE COURT: And the sentencing court. So, if there is a desire which, I would think would be a bit strange to have contact with any of the victims the court must approve it.
MS. BELOHLAVEK: Correct.
THE COURT: If the victim was under the age of 18, which was the case, you shall not until you have successfully attended and completed the sex offender program. So, is this sex offender program becoming a condition of probation?
MS. BELOHLAVEK: That is not. I don't believe I circled that one.

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER
03956-10982

[Page 5]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 08-CV-80119-MARRA/JOHNSON

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

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

DECLARATION OF ADAM D. HOROWITZ

1. My name is Adam D. Horowitz. I am an attorney for Jane Doe No. 4.
2. The deposition of Jane Doe No. 4 was scheduled for September 16, 2009 at 1:00 p.m. at 350 Australian Ave. South, Suite 115, West Palm Beach, Florida. On the day before the deposition, the undersigned and counsel for Jeffrey Epstein entered into a written stipulation in which it was agreed that "Jeffrey Epstein will not attend tomorrow's deposition of Jane Doe No. 4 (in the absence of a court order permitting him to attend)." It was further agreed that Jeffrey Epstein may listen in to the deposition by telephone or view a videofeed of the deposition, but under no circumstances would he "be seen by our client."
3. While Jane Doe No. 4 and I were in the lobby of 350 Australian Ave South at approximately 1:00 p.m. for her deposition on September 16, 2009, we crossed paths with Jeffrey Epstein and someone who appeared to be his bodyguard. Jeffrey Epstein stopped

EXHIBIT A
03956-10983

[Page 6]
walking and began to stare at and intimidate Jane Doe No. 4. Jane Doe No. 4 was terrified, began crying and ran outside the building. Jeffrey Epstein smirked at her and walked away.
4. As a result of this incident, Jane Doe began crying uncontrollably and was unable to proceed with her deposition.
Under penalties of perjury I declare that I have read the foregoing Declaration and the facts stated in it are true.

Dated: September 17, 2009
Adam D. Horowitz
03956-10984

[Page 7]
Case 9:08-cv-80119-KAM Document 305 Entered on FLSD Docket 09/17/2009 Page 1 of 8
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 08-CV-80119-MARRA-JOHNSON
JANE DOE NO. 2,
Plaintiff,
v.
JEFFREY EPSTEIN,
Defendant.

DEFENDANT'S, JEFFREY EPSTEIN, MOTION FOR SANCTIONS AND TO COMPEL DEPOSITION OF JANE DOE NO. 4 AND MEMORANDUM IN SUPPORT THEREOF

Defendant, JEFFREY EPSTEIN, by and through his undersigned attorneys, moves this court for an order granting sanctions pursuant to Rule 30(d)(2) and (3)(A) and (C) (referencing Rule 37(a)(5)), Federal Rules of Civil Procedure and compelling the deposition of Jane Doe No. 4 within fifteen (15) days and as grounds therefore would state:
1. On August 16, 2009, the deposition of Jane Doe No. 4 was noticed for September 16, 2009 to begin at 1:00 p.m. Plaintiff's counsel had advised that Jane Doe No. 4 could not appear for a deposition prior to that time of day, i.e. 1:00 p.m.
2. The deposition was originally set at the offices of the undersigned, but Plaintiff's counsel requested that it be moved to the court reporter's office. The court reporter is Prose Court Reporting located at 250 Australian Avenue South, Suite 115, West Palm Beach, FL 33401.
03956-10985

[Page 8]
Case 9:08-cv-80119-KAM Document 305 Entered on FLSD Docket 09/17/2009 Page 2 of 8
3. The undersigned's office began attempting to set the deposition of Jane Doe No. 4 on July 21, 2009. Because of the number of attorneys who would be attending (based on the court's consolidation order) coordinating the video deposition creates logistical problems.
4. On August 27, 2009, the undersigned wrote a letter to counsel for the Plaintiff indicating that Mr. Epstein would be present at the deposition. A copy of that letter is attached as Exhibit 1.
5. Some 13 days later, counsel for Jane Doe No. 4 filed a motion for protective order on September 9, 2009 attempting to prohibit Mr. Epstein's presence at the deposition. The Defendant immediately filed a response (an Emergency Motion) on September 11, 2009 requesting that the court enter an order allowing Epstein, the Defendant in this matter, to attend the deposition. This is common procedure. See Exhibit 2, without exhibits. As of the date of the deposition, the court had not ruled on these motions.
6. On Monday, counsel for Jane Doe No. 4 and the undersigned spoke, an agreement was reached that the deposition would proceed as scheduled, and that Mr. Epstein would not be in attendance other than by telephone or other means. See Exhibit 3.
7. The deposition was originally scheduled on the 15th Floor and moved by Prose to a larger ground floor to accommodate the number of people who were to attend
8. The undersigned and his partner, Mark T. Luttier, had scheduled a meeting with Mr. Epstein for approximately an hour prior to the deposition. It is well known through multiple newspaper articles that Mr. Epstein's office at the Florida Science Foundation is located on the 14th Floor in the same building as the court reporter and Mr. Epstein's criminal attorney, Mr. Goldberger. As well, had the court issued an order prior to the deposition that would have allowed Mr. Epstein to attend, he was readily available.
03956-10986

[Page 9]
9. As of 1:00 p.m., no order had been received from the court, so Epstein's attorneys, in good faith, decided that Epstein would not attend the deposition (as per the agreement), if we chose to proceed, which we were doing. The undersigned and Mr. Luttier specifically waited until just after 1:00 o'clock, the time that the deposition was to start, prior to leaving with Mr. Epstein. Counsel instructed Mr. Epstein to leave the building. Clearly, Defendant and his counsel simply wish to have meaningful discovery.
10. The undersigned and Mr. Luttier exited the elevator heading toward the deposition room and Mr. Epstein and his driver, Igor Zinoviev exited in separate elevator at the same time and turned to depart from through the front entrance such that he could go to his home to watch the deposition and assist counsel, from a video feed.
11. Completely unbeknownst and unexpected by anyone, apparently the Plaintiff and her attorney(s) were at the front door where Mr. Epstein was intending to exit. Upon seeing two women, one who might be the Plaintiff, Mr. Epstein immediately made a left turn and exited through a separate set of doors to the garage area. See affidavit of Jeffrey Epstein and Igor Zinoviev, Exhibit 4 and 5, respectively.
12. The entire incident was completely unknown to the undersigned and Mr. Luttier until Adam Horowitz, Esq. came in and announced that the deposition was not going to take place in that Mr. Epstein and his client saw one another, she was upset and therefore the deposition was cancelled from his perspective.
13. The undersigned and his partner, Mr. Luttier, had a court reporter and a videographer present. Additionally, Mr. Hill on behalf of C.M..A., Adam Langino on behalf of B.B., William Berger on behalf of three Plaintiffs were present for the deposition.
03956-10987

[Page 10]
14. Any suggestion that the chance "visual" between Mr. Epstein and Jane Doe No. 4 was "pre-planned" would be absurd, disingenuous and false. The undersigned counsel went out of his way to make certain Mr. Epstein would not be in the building after the time the deposition was set to begin. Had the Plaintiff and her counsel been in the deposition room at the appointed time, no visual contact would have occurred.
15. It is possible that Plaintiff's counsel, by filing their motion for protective order on September 9, 2009 and then advising the undersigned on September 14, 2009 that the deposition would not go forward unless the undersigned agreed to exclude Mr. Epstein from the deposition, were not prepared and/or did not want to proceed with the deposition.
16. The unilateral termination of the deposition was unnecessary, inappropriate and a substantial waste of attorney time and the costs related to the deposition (court reporter and videographer). (See Affidavit of Robert D. Critton, Jr., Mark T. Luttier and Deposition Transcript, Exhibits 6, 7, and 8 respectively).
17. Had the "visual" been premeditated, the cancellation of the deposition may have been justified, however, under these circumstances, it was grandstanding and improper. In that the Plaintiff has stated that she voluntary went to JE's home 50 plus times without trauma until she filed a lawsuit, this brief visual encounter from a distance should not have resulted in the unilateral cancellation of her deposition.
18. The costs associated with the court reporter and videographer total $428.80. See Exhibit 9.

Memorandum of Law In support of Motion
A substantial amount of administrative time went into the setting up the deposition of Jane Doe No. 4. Almost two months passed from the time that the Defendant's counsel first
03956-10988

[Page 11]
requested a date for the deposition of Jane Doe No. 4. The deposition of Jane Doe No. 4 was to begin at 1:00 p.m, based on her schedule, and was moved from the undersigned's office to the office of the court reporter at her counsel's request.
...
The records obtained thus far on Jane Doe No. 4 do not reflect any "emotional trauma" by her own account of some 50 plus visits to the Defendant's home prior to the time that she hired an attorney. Even in her interview with attorney's handpicked expert, Dr. Kliman, by her own comments, her significant emotional trauma relates to physical and verbal abuse by a prior boyfriend, Preston Vineyard, and deaths associated with two close friends, Chris and Jen. Therefore, the supposed "emotional trauma" caused by a chance encounter resulting in a "glance" at best, should not be the basis for Plaintiff unilaterally cancelling her deposition.
03956-10989

[Page 12]
Rule 7.1 A. 3. Certification of Pre-Filing Conference
...
Robert D. Critton, Jr.
Michael J. Pike
Attorneys for Defendant Epstein

Certificate of Service
... this 17th day of September, 2009.
03956-10990

[Page 13]
[Service List]
Stuart S. Mermelstein, Esq.
Adam D. Horowitz, Esq.
Richard Horace Willits, Esq.
Jack Scarola, Esq.
Jack P. Hill, Esq.
Bruce Reinhart, Esq.
Brad Edwards, Esq.
Paul G. Cassell, Esq.
Isidro M. Garcia, Esq.
Robert C. Josefsberg, Esq.
Katherine W. Ezell, Esq.
Jack Alan Goldberger, Esq.
03956-10991

[Page 14]
[Service List continued]
Theodore J. Leopold, Esq.
Spencer T. Kuvin, Esq.
Atterbury Goldberger & Weiss, P.A.

Respectfully submitted,
By:
ROBERT D. CRITTON, JR., ESQ.
MICHAEL J. PIKE, ESQ.
BURMAN, CRITTON, LUTTIER & COLEMAN
03956-10992

[Page 15]
BURMAN, CRITTON
LUTTIER & COLEMAN, LLP

August 27, 2009

Sent by E.Mail and U.S. Mail
Stuart S. Mermelstein, Esq.
Herman & Mermelstein, P.A.

Re: Jane Doe No. 4 v. Epstein

Dear Stuart:
Please be advised that Mr. Epstein plans to be in attendance at the deposition of your client. He does not intend to engage in any conversation with your client.. However, it is certainly his right as a party-defendant in the lawsuit to be present and to assist counsel in the defense of any case.

Cordially yours,
Robert D. Critton, Jr.
EXHIBIT 1
03956-10993

[Page 16]
Case 9:08-cv-80119-KAM Document 305-3 Entered on FLSD Docket 09/17/2009 Page 1 of 11

Defendant Epstein's Emergency Motion To Strike Plaintiff's Motion For Protective Order (DE 292) And Emergency Motion To Allow The Attendance Of Jeffrey Epstein At The Deposition Of Plaintiffs And Response In Opposition To Plaintiffs', Jane Doe Nos. 2-8, Motion For Protective Order As To Jeffrey Epstein's Attendance At The Deposition Of Plaintiffs, With Incorporated Memorandum of Law

EXHIBIT 2
03956-10994

[Page 17-26]
[Content of the Emergency Motion detailing legal arguments, interactions with plaintiffs counsel, and citations of previous court discussions regarding the Non-Prosecution Agreement and discovery procedures.]
[Page 21]
16. Specifically, with regard to Jane Doe No. 4, which is the deposition set for next week, September 16, 2009, the plaintiff has in her past (see affidavit of Richard C.W. Hall, M.D., an expert psychiatrist retained by Defendant to conduct exams on various claimants.) See Exhibit "5"
A. Sought counseling due to a dysfunctional home situation, specifically with regard to her father. She described herself as being angry, bitter, depressed and having body image problems;
B. Had an ex-boyfriend, Preston Vinyard, who was, on information and belief, a drug dealer who she lived with;
C. Had drug and alcohol problems herself; and

[Page 22]
D. Spoke with two psychiatrists when she was sixteen or seventeen (before this lawsuit!) and did not reference Epstein, but did reference her boyfriend and family issues.
17. There are police reports that reflect that:
A. In September 2004, a battery report was filed regarding Jane Doe No. 4 and Vinyard based on an argument where he grabbed her by the neck and began spitting on her and calling her a cheater.
...
C. Vinyard was arrested in December 2003, and charged with reckless driving and leaving the scene of the accident with Jane Doe No. 4, when their vehicle hit a tree and they fled.

[Page 27]
Robert D. Critton Jr.
From: Adam Horowitz [ahorowitz@sexabuseattorney.com]
Sent: Tuesday, September 15, 2009 11:43 AM
To: Michael J. Pike; Robert D. Critton Jr.
Subject: Jane Does v. Epstein

Please allow this to confirm that Jeffrey Epstein will not attend tomorrow's deposition of Jane Doe No. 4 (in the absence of a Court order permitting him to attend). We understand you may wish to have your client listen in by telephone or view a videofeed of the deposition, but will not be seen by our client.
...
EXHIBIT 3
03956-11005

[Page 29]
AFFIDAVIT OF JEFFREY E. EPSTEIN
...
1. My office is located at 250 Australian Avenue South, 14th Floor, West Palm Beach, Florida. Its location has been well publicized in the news.
2. I met with my attorneys, Robert D. Critton, Jr. and Mark T. Luttier, at 12:30 p.m. in preparation for the deposition of Jane Doe No. 4 which was to take place beginning at 1:00 p.m. on September 16, 2009.
...
EXHIBIT 4
03956-11007

[Page 30]
7. At 1:04 p.m. after we assumed that everyone would be in the deposition room, my lawyers went down on one elevator and I went down on another elevator with my driver, Igor Zinoviev, both exiting at approximately the same time.
8. I asked Igor where he had parked, and he said "out front". We exited the elevator, I walked toward the front door. Near the front door, I saw a taller woman and a shorter woman who I thought might be Jane Doe No. 4 and immediately turned to my left and went out a separate exit to the garage.
9. At no time did I speak with or attempt to interact with either women.
FURTHER THE AFFIANT SAYETH NAUGHT.
/s/ Jeffrey E. Epstein
03956-11008

[Page 32]
AFFIDAVIT OF IGOR ZINOVIEV
...
1. I work for Jeffrey Epstein. I as well drive him from place to place.
2. At approximately 1:04 p.m., Mr. Epstein and I went down in the elevator from the 14th floor to the ground level. I was to drive Mr. Epstein to his home. His lawyers went down at approximately the same time in a separate elevator.
3. I parked the car at the front entrance. As I walked toward the front door and noticed that Mr. Epstein quickly turned to the left so as to exit through the door to the garage of the building rather than the front entrance.
EXHIBIT 5
03956-11010

[Page 34]
AFFIDAVIT OF ROBERT D. CRITTON, JR.
EXHIBIT 6
03956-11012

[Page 36]
AFFIDAVIT OF MARK T. LUTTIER
EXHIBIT 7
03956-11014

[Page 38]
DEPOSITION OF JANE DOE #4
Wednesday, September 16, 2009
1:03 - 1:08 p.m.
250 Australian Avenue South
Suite 115
West Palm Beach, Florida 33401
EXHIBIT 8
03956-11016

[Page 39]
MR. HOROWITZ: This is Adam Horowitz. We're canceling today's deposition. Before appearing here today, we had a stipulation with Defense counsel that Mr. Jeffrey Epstein, the Defendant, would not be here. He would not cross paths with our client. And immediately as we were approaching the deposition room, he made face-to-face contact with our client. He was just feet away from her and intimidated her, and for that reason we're not going forward.
MR. CRITTON: I didn't see any contact because I, obviously, was not out there... Mr. Epstein has an office here at the Florida Science Foundation. Had you been here at 1:00, your paths never would have crossed because Mr. Epstein was leaving the building. I instructed him to leave the building so that he would not be here.
03956-11017

[Page 41]
Prose Court Reporting Agency, Inc
Invoice Number CH 411
Re: Jane Doe No. 2 vs. Jeffrey Epstein
9-16-09 Scheduled Deposition of Jane Doe No. 4
Statement for Record
Invoice total: $138.80
EXHIBIT 9
03956-11019

[Page 42]
VISUAL EVIDENCE
Invoice 28616
Total: $290.00
03956-11020

[Page 43]
ORDER ON DEFENDANT'S, JEFFREY EPSTEIN, MOTION FOR SANCTIONS AND TO COMPEL DEPOSITION OF JANE DOE NO. 4 AND MEMORANDUM IN SUPPORT THEREOF
Defendant's motion is hereby GRANTED: Plaintiff shall pay sanctions in the amount of $____ in costs and $____ in fees directly to Burman, Critton, Luttier and Coleman within 10 days... Mr. Epstein shall not be present in the building on the day of the deposition absent a court order on pending motions.
03956-11021

[Page 45-47]
[Duplicate copies of the 2008 Plea Conference Transcript]
03956-11023 to 03956-11025