030.pdf

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 1 of 20
Troutman Sanders LLP
875 Third Avenue
New York, New York 10022
troutman.com

Bennet J. Moskowitz
bennet.moskowitz@troutman.com

June 1, 2020

ECF

Hon. Debra C. Freeman
Thurgood Marshall
United States Courthouse
500 Pearl Street
New York, NY 10007

Re: VE, 1:19-cv-07625-AJN-DCF; Katlyn Doe, 1:19-cv-07771-PKC-DCF; Priscilla Doe,
1:19-cv-07772-ALC-DCF; Lisa Doe, 1:19-cv-07773-ER-DCF; Anastasia Doe, 1:19-cv
11869-MKV-DCF

Dear Judge Freeman:

We represent Defendants in the above-referenced actions. We write on behalf of all parties to
update the Court regarding settlement and discovery.

As the Court is aware, there have been no settlement discussions in any of the individual
above-referenced cases. The parties’ efforts regarding settlement have been singularly focused
on the establishment of a voluntary, independent claims resolution program, the Epstein
Victims’ Compensation Program. We are pleased to report that, this past weekend, the Co
Executors entered into a tripartite agreement with claimants’ counsel (specifically, counsel for
Plaintiffs in the above-referenced actions, Brad Edwards, and counsel for plaintiffs in four other
actions pending before Your Honor, David Boies) and the Attorney General of the United States
Virgin Islands pursuant to which the Program may now move forward. Earlier today, the Co
Executors of the Estate of Jeffrey E. Epstein filed in the Superior Court of the Virgin Islands the
status report attached hereto as Exhibit A. As stated therein, the Co-Executors, with the
support of claimants’ counsel and the USVI Attorney General, intend to authorize
commencement of the Program on Monday, June 15, 2020. Most, if not all, of the Plaintiffs in
the above-referenced actions intend to participate in the Program.

Meanwhile, the parties continue to meet and confer in efforts to resolve various discovery
disputes.

Thank you for your attention to this matter.

troutman
sanders

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 2 of 20
June 1, 2020
Page 2

Respectfully submitted,

s/Bennet J. Moskowitz
Bennet J. Moskowitz

troutman
sanders

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 3 of 20

EXHIBIT A

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 4 of 20

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS & ST. JOHN
********************************

IN THE MATTER OF THE ESTATE OF
JEFFREY E. EPSTEIN,

Deceased.

)
)
)
)
)
)
)
))

PROBATE NO. ST-19-PB-80

ACTION FOR TESTATE
ADMINISTRATION

CO-EXECUTORS’ STATUS REPORT ON VOLUNTARY COMPENSATION
PROGRAM AND PRESENTATION OF PROGRAM PROTOCOL

On November 14, 2019, the Co-Executors of the Estate of Jeffrey E. Epstein (the “Co
Executors”) filed their Expedited Motion for Establishment of a Voluntary Claims Resolution
Program (the “Expedited Motion”) seeking to establish an independent and voluntary claims
resolution program (the “Program”) for purposes of resolving sexual abuse claims against Jeffrey
E. Epstein, deceased. As promised in the Expedited Motion, the Co-Executors now submit to the
Court the detailed Program protocol (the “Protocol,” copy attached as Exhibit A hereto) designed
and developed over several months by independent, nationally recognized claims administration
experts with extensive input from the Co-Executors and other interested parties, including
claimants and their legal representatives. Because the need for the Program has grown increasingly
urgent and with the support of claimants’ counsel and the Attorney General of the United States
Virgin Islands, the Co-Executors intend to authorize commencement on Monday, June 15, 2020
of formal claims resolution proceedings under the Program, absent contrary direction from the
Court.

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 5 of 20

Estate of Jeffrey E. Epstein
Co-Executors’ Status Report on Voluntary Compensation Program
and Presentation of Program Protocol

Probate No. ST-19-PB-80
Page 2

I. BACKGROUND

As detailed in the Expedited Motion and the Co-Executors’ subsequent filings with the
Court, the Program will provide all eligible claimants an opportunity to receive compensation and
voluntarily resolve their claims of sexual abuse against Mr. Epstein through a confidential, non
adversarial alternative to litigation, utilizing a process that is sensitive to the experiences and
concern of claimants and treats them with compassion, dignity and respect. 1

On February 4, 2020, the Court heard extensive witness testimony concerning the Program
(February 4, 2020 Hearing Tr. at 103:12-186:14); at that hearing, multiple claimants’ counsel also
spoke in favor of implementing the Program. (Id. 84:11-85:2; 85:6-19; 92:24-93:8.) As Your
Honor recognized, the Program is not only consistent with the fiduciary duties of the Co
Executors, but in fact “...we agreed that everybody believes this program is a great program...”
(Id. at 113:24-25.) That drumbeat of approval continues to swell; since the Co-Executors’ most
recent filing with the Court concerning the Program,2 counsel for 69 individual claimants have
come forward to the Court in support of the Program.3

________________________
1. Expedited Motion at 1; see also Co-Executors’ Request for Ruling on Expedited Motion for Establishment of a
Voluntary Claims Resolution Program (filed December 4, 2019); Co-Executors’ Request for Immediate Hearing
or Conference Regarding Expedited Motion for Establishment of a Voluntary Claims Resolution Program (filed
December 13, 2019); Co-Executors’ Reply to Creditor Jane Doe’s Response to Co-Executors’ Expedited Motion
for Establishment of a Voluntary Claims Resolution Program (filed January 15, 2020); Co-Executors’ Reply to
Government’s Opposition to Estate’s Motion for Establishment of a Voluntary Claims Resolution Program (filed
January 31, 2020); Co-Executors’ Status Report on Continuing Efforts to Establish Voluntary Compensation
Program and Request for Ruling (filed March 24, 2020); Co-Executors’ Corrections to Attorney General’s Status
Report on Voluntary Compensation Program and Renewed Request for Ruling (filed April 10, 2020).

2. Co-Executors’ Notice of Related Filing, dated April 17, 2020 (attaching Co-Executors’ correspondence with
claimants’ New York counsel concerning commencement of the Program).

3. See Status Report from Claimants dated April 20, 2020 (urging on behalf of 12 claimants that “the Program can
and should proceed without delay”); Status Report from Claimants dated April 21, 2020 (stating on behalf of 5
claimants that “permitting the Program to proceed would be in the best interests of the victims at this time”);
Motion for Status Conference Regarding the Victim Compensation Program dated April 28, 2020 (seeking on
behalf of 52 claimants an Order “permitting the Program to proceed as agreed amongst the parties”).

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 6 of 20

Estate of Jeffrey E. Epstein
Co-Executors’ Status Report on Voluntary Compensation Program
and Presentation of Program Protocol

Probate No. ST-19-PB-80
Page 3

II. THE PROGRAM PROTOCOL

The Program Administrator and Designers have now finalized the Protocol for the
Program, in close consultation with claimants’ counsel and the Co-Executors.4 As contemplated
in the Expedited Motion, the Protocol sets forth the following non-exclusive guiding principles:

• The Program is purely voluntary. It does not affect any rights a claimant may
have unless and until she accepts the offered compensation and executes a
release. A claimant may reject the offer of compensation and may stop
participating in the Program and withdraw the claim at any time prior to
execution of the release.

• The Program is independent and will in no way be administered, controlled, or
overseen by the Co-Executors. The Program Administrator is responsible for
all decisions relating to the review, processing and evaluation of individual
claims submitted to the Program. The Administrator will have final, binding,
and exclusive authority to determine claimant eligibility and the valuation of
each eligible individual claim. Decisions of the Administrator made pursuant
to the Protocol are not subject to review or modification in any way by the Co
Executors or any other party or entity.

• Subject to total Estate assets available, there is no cap or limitation on the
aggregate amount of funds available to compensate all eligible claimants or on
the amount of compensation to be made to each individual claimant. Each
individual claim will be evaluated separately by the Program Administrator.
The Administrator will determine, in her sole and exclusive discretion, issues
of eligibility and the amount of compensation and the Estate will pay all eligible
claims based on the Administrator’s determination.

• All claimants will be treated with respect, dignity, and fairness without regard
to race, color, sexual orientation, national origin, religion, gender, or disability.
To ensure claims will be adjudicated fairly, the Program Administrator will
manage the process so that all claimants can equally access the Program’s claim
process. Individuals with disabilities will be given the opportunity to
effectively communicate their claims and to request special process
accommodations.

(See Protocol at pp. 1-2.)

________________________
4. The Attorney General of the U.S. Virgin Islands also expressed her detailed views on the structure and formation
of the Program, both through filings with the Court and direct communications with the Program Administrator.

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 7 of 20

Estate of Jeffrey E. Epstein
Co-Executors’ Status Report on Voluntary Compensation Program
and Presentation of Program Protocol

Probate No. ST-19-PB-80
Page 4

The Protocol also sets forth detailed aspects of the Program’s administration, including
eligibility criteria for the Program, proof requirements and claims procedures, the methodology
for claims evaluation and determining compensatory awards, and timing and regular reports to the
Court, as follows:

• Eligibility. The Protocol identifies the criteria to determine whether a claimant
is eligible to receive compensation under the Program. (See Protocol at pp. 3-
4.)

• Proof Requirements and Claims Procedures. The Protocol determines what
types of supporting documentation or other evidence each individual will be
required to submit to substantiate her claim, satisfy Program requirements, and
allow the Program Administrator to review, process and evaluate that claim.
(See Protocol at pp. 4-5.)

• Claims Evaluation and Determination Methodology. The Protocol defines
the factors and considerations to be used to determine the amount of
compensation to be offered to any eligible claimant. (See Protocol at pp. 5-6.)

• Timing. The Protocol sets forth the timeframe of the Program, including an
effective commencement date and deadline for submission of all claims. (See
Protocol at pp. 4-5.)

• Reporting. The Protocol reflects the Program Administrator’s commitment to
provide the Court with regular monthly reports regarding the aggregate number
and total value of claims paid each month through the Program. (See Protocol
at p. 9.)

III. URGENT NEED TO COMMENCE OF PROGRAM OPERATIONS

In their fiduciary capacity, the Co-Executors engaged in extensive discussions with
relevant parties in interest regarding the independent, fair, and timely resolution of the sexual abuse
claims against Mr. Epstein. As noted above, many existing and potential claimants have expressed
through their representatives their preference to participate in the Program rather than proceeding
with litigation. Although there will be significant expense in administering the Program, the Co
Executors contemplate that the Program will substantially reduce the expenses to the Estate of
litigating multiple lawsuits in numerous jurisdictions, and thus ultimately reduce expenses to the

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 8 of 20

Estate of Jeffrey E. Epstein
Co-Executors’ Status Report on Voluntary Compensation Program
and Presentation of Program Protocol

Probate No. ST-19-PB-80
Page 5

benefit of all parties with an interest in the Estate, including claimants and creditors. 5 The
expedited nature of the Program will also ensure resolution and compensation to claimants in a far
more timely manner than through litigation.

As described above, the Protocol is designed to ensure the proportionate restitution of
approved claims for all claimants, in a manner that will provide similar compensation to similarly
situated claimants. The Program is in the best interests of both claimants and the Estate because,
among other things, it avoids the potential of disproportionate and inconsistent awards and should
help to reduce the time, exposure and burden of handling claims through the courts, which could
involve years of litigation and appeals and consume enormous resources, along with inflicting on
all affected parties costs attendant to delay and uncertainty.

IV. FUNDING FOR THE PROGRAM

As the Court is aware, the Attorney General on January 31, 2020 unilaterally imposed
criminal activity liens on the Estate’s bank account in the Virgin Islands, freezing then-available
funds – funds over which this Court has exclusive jurisdiction – for administration of the Estate
and implementation of the Program.6 On February 24, 2020, the Attorney General imposed similar
liens against Southern Trust Company, Inc., one of the entities within the Estate. The Co
Executors have challenged the validity of the Attorney General’s liens, and moved the Superior

________________________
5. In the absence of the Program, litigation alleging sexual abuse by Mr. Epstein has increased in scope, pace and
expense: there are now 22 separate lawsuits brought by 34 individual claimants pending against the Co
Executors, primarily in the state and federal courts of New York. Discovery proceedings in those actions —
including document demands, interrogatories, non-party subpoenas, and motions to compel — continue to ratchet
up each passing week.

6. Following the Co-Executors’ resulting emergency motion for release of funds necessary for administration of the
Estate, the Court directed the Attorney General to lift her liens in amounts sufficient to allow the Co-Executors
to pay the Estate’s operational expenses and legal fees.

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 9 of 20

Estate of Jeffrey E. Epstein
Co-Executors’ Status Report on Voluntary Compensation Program
and Presentation of Program Protocol

Probate No. ST-19-PB-80
Page 6

Court to vacate them in their entirety.7 However, pending determination of that motion – as well
as this Court’s approval of the estimated budget for and expenses of designing, implementing and
administering the Program, submitted by the Co-Executors on February 4, 2020 – the Co
Executors and the Attorney General have reached consensual resolution in which the latter will
promptly lift those liens to pay amounts owed for the Program and to begin funding of the
Program’s active operations, including payment of compensation determinations to eligible
claimants. 8

* * * *

Because the need for the Program has grown increasingly urgent, and with the support of
claimants’ counsel and the USVI Attorney General – and because the remaining impediments have
been resolved and the interested parties have consented to the Protocol attached as Exhibit A hereto
– the Co-Executors intend to move forward with the Program on Monday, June 15, 2020, absent
contrary direction from the Court.9

Dated: June 1, 2020

Respectfully,

/s/ Christopher Allen Kroblin
CHRISTOPHER ALLEN KROBLIN, ESQ.
ANDREW W. HEYMANN, ESQ.
WILLIAM L. BLUM, ESQ.
SHARI N. D’ANDRADE, ESQ.
MARJORIE WHALEN, ESQ.

________________________
7. See Expedited Motion to Vacate Liens, dated March 17, 2020 (Government of the U.S. Virgin Islands vs. Indyke,
et al., Case No. ST-20-CV-14). The Attorney General filed no response to that expedited motion.

8. As part of that resolution, the Co-Executors agreed not to assert that the Attorney General’s release of such limited
funds will act as a waiver of Government’s ability, if any, to object to the Program’s administrative expenses,
including those paid with these initial funds.

9. The Co-Executors recognize the extraordinary difficulties imposed by the coronavirus pandemic on the
functioning of the courts of the Virgin Islands. To the extent the Court wishes to conduct a remote conference in
this matter, either telephonically or via videolink, the Co-Executors and their counsel will of course make
themselves available.

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 10 of 20

Estate of Jeffrey E. Epstein
Co-Executors’ Status Report on Voluntary Compensation Program
and Presentation of Program Protocol

Probate No. ST-19-PB-80
Page 7

V.I. Bar Nos. 136, 966, 1221 & R2019
KELLERHALS FERGUSON KROBLIN PLLC
Royal Palms Professional Building
9053 Estate Thomas, Suite 101
St. Thomas, V.I. 00802
Telephone: (340) 779-2564
Facsimile: (888) 316-9269
Email: wblum@solblum.com
ckroblin@kellfer.com
sdandrade@kellfer.com
mwhalen@kellfer.com

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 11 of 20

Estate of Jeffrey E. Epstein
Co-Executors’ Status Report on Voluntary Compensation Program
and Presentation of Program Protocol

Probate No. ST-19-PB-80
Page 8

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 1st day of June 2020, I caused a true and exact copy
of the foregoing Co-Executors’ Status Report on Voluntary Claims Resolution Program and
Presentation of Program Protocol to be served via electronic mail upon:

John H. Benham, Esq.
Law Office of John H. Benham, P.C.
P.O. Box 11720
St. Thomas, VI 00801
john@benhamlawvi.com

Douglas B. Chanco, Esq.
ChancoSchiffer P.C.
3355 Lenox Road, Suite 750
Atlanta, GA 30326
doug@csfirm.com

Richard Bourne-Vanneck, Esq.
Law Offices of Richard Bourne-Vanneck
9800 Buccaneer Mall Suite #9
St. Thomas, VI 00802
richard@rpvblawoffices.com

John K. Dema
Law Offices of John K. Dema
1236 Strand Street, Suite 103
St. Croix, VI
jdema@demalaw.com

Denise N. George, Esq.
Attorney General
Ariel M. Smith, Esq.
Chief, Civil Division
Virgin Islands Department of Justice
34-38 Krondprinsdens Gade
GERS Complex, 2nd Floor
St. Thomas, Virgin Islands 00804
denise.george@doj.vi.gov
ariel.smith@doj.vi.gov

A. Jeffrey Weiss, Esq.
A.J. Weiss & Associates
6934 Vessup Lane
St. Thomas, VI 00802
jeffweiss@weisslaw-vi.net

Sean Foster, Esq.
Marjorie Rawls Roberts, P.C.
P.O. Box 6347
St. Thomas, VI 00804
sean@marjorierobertspc.com

Kevin F. D’Amour
Gaylin Vogel, Esq.
5143 Palm Passage, 18b & 19b
St. Thomas, VI 00802
kevin.damour@comcast.net
gaylin.vogel@comcast.net

Melody D. Westfall, Esq.
Westfall Law PLLC
5032 Anchor Way, Suite 8
Christiansted, St. Croix 00820
mwestfall@westfalllaw.com

Kevin Boyle, Esq. (Pro Hac Vice)
Robert Glassman, Esq. (Pro Hac Vice)
PANISH SHEA & BOYLE LLP
11111 Santa Monica Blvd., Ste. 700
Los Angeles, CA 90025
boyle@psblaw.com
glassman@psblaw.com

/s/ Shari N. D’Andrade

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 12 of 20

Independent

Epstein Victims’ Compensation Program

PROTOCOL

May 29, 2020

I. PURPOSE AND OVERVIEW

The Epstein Victims’ Compensation Program (the “Program”) is a voluntary, independent Program that
has been established to compensate and resolve the claims of victims-survivors of sexual abuse by
Jeffrey Epstein (“Epstein”).

The Estate of Jeffrey Epstein (the “Estate”) has retained the services of nationally recognized claims
administration experts Kenneth R. Feinberg, Camille S. Biros and Jordana H. Feldman to design the
Program. Ms. Feldman will also serve as the Administrator of the Program (the “Administrator”). This
Protocol reflects input from victims-survivors, their lawyers, other potentially interested parties, and
representatives of the Estate.

Through the Program, the Estate wishes to acknowledge the wrongs endured by victims-survivors and
offer them an opportunity to voluntarily resolve their individual claims for such sexual abuse.

The Program is governed by the following non-exclusive guiding principles:

• The Program is purely voluntary. It does not affect any rights a Claimant may have
unless and until the Claimant accepts the offered compensation and executes a
Release. A Claimant may reject the offer of compensation and may stop
participating in the Program and withdraw the claim at any time prior to execution
of the Release.

• The Program is independent and will in no way be administered, controlled or
overseen by the Estate. The Administrator is responsible for all decisions relating to
the review, processing and evaluation of individual claims submitted to the
Program. The Administrator will have final, binding and exclusive authority to
determine Claimant eligibility and the valuation of each eligible individual claim.
Decisions of the Administrator made pursuant to this Protocol are not subject to
review or modification in any way by the Estate or any other party or entity.

• There is no cap or limitation on the aggregate amount of funds available to
compensate all eligible Claimants or on the amount of compensation to be made to
each individual Claimant. Each individual claim will be evaluated separately by the
Administrator. The Administrator will determine, in her sole and exclusive
discretion, issues of eligibility and the amount of compensation and the Estate will
pay all eligible claims based on the Administrator’s determination.

1 | Page

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 13 of 20

• All Claimants will be treated with respect, dignity and fairness without regard to
race, color, sexual orientation, national origin, religion, gender or disability. To
ensure claims will be adjudicated fairly, the Administrator will manage the process
so that all Claimants can equally access the Program’s claim process. Individuals
with disabilities will be given the opportunity to effectively communicate their
claims and to request special process accommodations.

The Program is available to all victims-survivors regardless of where they were harmed, when they were
harmed, whether the claim is time-barred by the applicable statute of limitations, and whether they
have previously filed a lawsuit against or settled with Epstein and/or the Estate.

The exclusive claims period for filing a claim pursuant to this Protocol shall commence on the to-be
determined Effective Date and shall conclude nine (9) months after that date (“Filing Deadline”). All
individual claims filed with the Program must be filed within this period.

To complement the Program’s resources, the Administrator will, at her discretion and with the consent
of the Claimant, consult with Professor Marci A. Hamilton, a nationally recognized sexual abuse expert,
leading legal academic and advocate of victims’ rights. Ms. Hamilton’s role will be to further inform the
Administrator and her staff about the dynamics of sexual abuse, common responses to sexual abuse,
and the impact of sexual abuse on victims; to serve as a resource for the Administrator in developing or
updating policies and procedures; to advise the Administrator regarding sensitivities involved in
interactions with victims; and to serve as a referral source for the Administrator in providing post
determination information to claimants who seek guidance, counseling or other services. The
Administrator may, at her discretion and with the Claimant’s prior written consent, request that Ms.
Hamilton review an individual claimant file. The Administrator will determine on a case-by-case basis, in
her discretion, the need to anonymize individual claimants’ files before sharing them with Ms. Hamilton.
As set forth above, the Administrator is solely responsible for all decisions relating to the administration
of the Program, including the review, processing, evaluation, and determination of individual claims
submitted to the Program.

During the term of the Program, Ms. Hamilton will not meet or speak with a Claimant or her
representatives concerning any aspect of the Program without the Administrator present. Ms. Hamilton
will maintain in strict confidence and will not disclose outside the Program any information she obtains
through her participation in the Program, including individual Claimants’ submissions.

2 | Page

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 14 of 20

II. ELIGIBILITY REQUIREMENTS

A. Eligibility Criteria

The persons eligible to participate in this Program are individuals who allege they were sexually abused
by Epstein. In addition, the following criteria apply:

• The claim of sexual abuse must be directed against Epstein.

• An individual whose claim is time-barred by the applicable statute of limitations may
participate in the Program provided that other eligibility criteria are met.

• An individual who previously entered into a settlement agreement resolving a claim of sexual
abuse against Epstein may participate in the Program provided that other eligibility criteria are
met.

• An individual who allegedly assisted Epstein in procuring other victims-survivors may
participate in the Program where there is a credible basis to determine that the individual
acted under duress as a result of her own sexual abuse by Epstein, provided that other
eligibility criteria are met.

• If the Claimant chooses to accept the offered compensation, the Claimant must dismiss with
prejudice any existing lawsuits, legal actions or claims filed against the Estate or related entities
and/or related individuals. The Claimant must provide proof of such dismissal along with or
prior to the signed acceptance of the compensation determination offer letter and executed
Release in order to receive payment.

B. Legal Representatives of Claimants

An individual may file a claim on a victim’s behalf where that individual has been granted legal authority
to act in a representative capacity pursuant to appropriate law. The “Legal Representative” of an
individual Claimant shall mean: (1) in the case of a Claimant who is currently a minor, a parent or legal
guardian authorized by law to serve as the minor’s legal representative; (2) in the case of an
incompetent or legally incapacitated Claimant, a person who has been duly appointed as the Claimant’s
legal representative in accordance with applicable law; (3) in the case of a deceased Claimant, a person
who has been duly appointed to act as the personal representative of the Claimant’s estate by a court of
competent jurisdiction and is authorized to file and compromise a claim; or (4) an attorney authorized to
represent the Claimant for purposes of pursuing a claim through this Program.

Legal Representatives must provide proper documentation demonstrating representative capacity. Such
proof may include a power of attorney; documentation showing the individual’s appointment as
guardian or guardian ad litem; documentation showing the individual’s appointment as personal
representative of the Claimant’s estate (such as letters of administration); a copy of a retainer

3 | Page

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 15 of 20

agreement showing legal representation signed by both the Claimant and the attorney or a signed
statement by an adult Claimant and the attorney that a licensed/admitted attorney is acting on her
behalf.

III. CLAIMS ADMINISTRATION - SUBMISSION, EVALUATION AND DETERMINATION

A. Claims Submission Process

Individuals who have filed a lawsuit, legal action or claim against Epstein and/or the Estate or have
otherwise been identified as a victim of Epstein by their attorney to the Administrator on or before the
Effective Date will be sent a Claim Form and other relevant Program information, including Instructions
for completion and submission of the Claim Form and a copy of this Protocol. Individuals who have filed
a lawsuit need not agree to a stay of litigation or make any other concession in any pending litigation to
be eligible to participate in the Program. Likewise, individuals who have not yet filed a lawsuit remain
free to file a lawsuit and engage in litigation concurrently with participation in the Program. Individuals
must, however, dismiss with prejudice any and all existing lawsuits, legal actions and claims prior to or at
the time of acceptance of a compensation determination offer in order to receive payment.

Individuals who have not filed a lawsuit, legal action or claim against Epstein and/or the Estate or have
not otherwise been identified as a victim of Epstein by their attorney to the Administrator on or before
the Effective Date may register to participate in this Program on the Program’s website at
www.EpsteinVCP.com. To register, such individuals must complete a questionnaire setting forth their
name, contact information, a summary description of the nature of the claim and other requested
information. Upon registration, the Administrator will perform a preliminary review to consider if the
individual is eligible to participate in the Program. If the Administrator deems that the individual is
eligible to participate in the Program, she will then send that individual a Claim Form and other relevant
Program information.

Note: The fact that an individual is sent a Claim Form and other relevant Program information indicates
that the Administrator has determined that such individual is eligible to participate in the Program. It
does not indicate that the Administrator has determined that such individual is eligible to receive
compensation. That determination is made only after a Claim Form and all required documentation has
been submitted and evaluated by the Administrator.

Registrations for individuals who have not filed a lawsuit, legal action or claim against Epstein and/or the
Estate or have not otherwise been identified as a victim of Jeffrey Epstein by their attorney to the
Administrator on or before the Effective Date will be accepted by the Administrator from the Effective
Date through a date that is 45 days prior to the Filing Deadline (“Registration Deadline”). It is important
to note that the Registration Deadline is separate from, and precedes, the Filing Deadline. As explained
above, all claims must be filed by the Filing Deadline.

4 | Page

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 16 of 20

All Claim Forms must be completed to the best of a Claimant’s ability and filed no later than the Filing
Deadline. Claim Forms should be uploaded to the Program website at www.EpsteinVCP.com, or mailed
via overnight courier (a pre-paid courier voucher will be included with each packet) to the Administrator
at the following address:

Epstein Victims’ Compensation Program
Attn: Jordana H. Feldman, Administrator
P.O. Box 65488
Washington, D.C. 20035

Claimants are invited to provide documentation identified in the Claim Form, and any other
corroborating or supporting information sufficient to substantiate the claim, satisfy eligibility
requirements, and allow the Administrator to review, process and evaluate the claim. If the claim is
being presented by a Legal Representative, then the Legal Representative will be responsible for
submitting the necessary documentation relating to the represented Claimant.

Additional documentation may be requested at the discretion of the Administrator. Both the Claimant
and the Estate will be afforded the opportunity to submit to the Administrator any information deemed
relevant to the Administrator’s evaluation and determination of the claim before the Administrator’s
final disposition of the claim.

If a Claimant submits an incomplete or deficient claim, the Administrator will notify the Claimant,
explain the additional information that is needed, and work with the Claimant or the Claimant’s Legal
Representative (where applicable) to assist in submitting a complete claim.

B. Claims Evaluation and Determination

Claims will be evaluated in the order in which they are received, with the Administrator evaluating each
submitted individual claim in a prompt and fair manner. Claims will only be determined once all
required documentation has been submitted to the Administrator, with due consideration granted to
Claimant’s good faith explanations for delays and/or absence of documentation.

1. Factors Considered in Evaluating Claims

As to each individual claim, the Administrator will determine, in her sole discretion based upon all of the
information available, whether the allegations of sexual abuse are credible. The Administrator will
consider appropriate factors and corroborative support, including but not limited to:

• The level of documentation, corroboration or other circumstantial evidence regarding the
nature and extent of the abuse, the frequency, location and other details of the abuse, and the
age of the victim at the time of the abuse. Non-exhaustive examples of such evidence include
(i) medical or psychiatric counseling/therapy records relevant to the abuse, and
(ii) contemporaneous written notification or other correspondence (e.g., letters, emails) of the
abuse by the Claimant to law enforcement authorities, parents, friends or others. The
Administrator acknowledges that some Claimants may not be able to provide any

5 | Page

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 17 of 20

documentation to corroborate their Claim based on the nature and circumstances of Epstein’s
conduct. If a Claimant’s written and oral presentation is deemed to be credible by the
Administrator, the Claimant may still be eligible for compensation under the Program.

• Whether there exists any information and/or pertinent findings offered by the appropriate
Office of the District Attorney, United States Attorney’s Office, or other law enforcement
agency.

• Whether the Administrator finds the claims of the individual to be credible after complete
review of all relevant documentation and other evidence provided by the Claimant and the
Estate.

As to each individual claim, the Administrator will determine, in her sole discretion based upon all of the
information available, the amount of compensation that should be offered to each eligible Claimant.
The Administrator will consider appropriate factors and corroborative support, including but not limited
to:

• The nature, duration and extent of the sexual abuse suffered by the Claimant.

• The age of the Claimant at the time of the sexual abuse.

• The nature and extent of the Claimant’s physical or psychological damage resulting from the
sexual abuse, and the effect of the sexual abuse on the Claimant.

• The credibility of the claim based upon all of the facts and circumstances, supporting
documentation and corroborating evidence.

• Whether the Claimant previously entered into a settlement agreement with Epstein and
received a payment pursuant to such agreement.

The Administrator will confidentially send the Claimant a compensation determination offer letter
including the following: (1) the Administrator’s eligibility decision regarding the claim; (2) the amount of
compensation offered; (3) a Release to be signed by the Claimant if the Claimant accepts the offered
compensation; and (4) a Payment Option Form. The Administrator’s offer shall be valid for 60 days from
the date of the compensation determination offer letter.

The Administrator’s determinations in this Program will not be binding on any potential criminal
investigation involving Claimant’s claims.

2. Opportunities to be Heard

The Claimant will be afforded an opportunity to be heard, either before or after the Administrator
renders her determination. Upon request by the Claimant, the Administrator will be available to meet in
person (as practicable in light of the COVID-19 pandemic), by video conference, or by teleconference to
further discuss the claim. These meetings are completely optional and voluntary. Requests to meet

6 | Page

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 18 of 20

with the Administrator should be sent by email to ClaimantServices@EpsteinVCP.com and will be
scheduled at a mutually convenient time and location. The Administrator may also request a meeting
with a Claimant or her Legal Representative at a reasonable mutually convenient time and location,
though the Claimant is not obligated to attend any such meeting.

3. Release

By submitting a claim to the Program, a Claimant is seeking to resolve all claims relating to allegations
of sexual abuse against Epstein and/or the Estate, and related entities and individuals as set forth in the
Release. If a Claimant chooses to accept the offer of compensation pursuant to the Program, the
Claimant will be required to sign and execute a full Release, in a form satisfactory to the Estate, of all
past and future claims (including lis pendens, writs of attachment, etc.) relating to such allegations of
sexual abuse against the Estate, related entities and/or related individuals. A Claimant may reject the
offer of compensation and may stop participating in the Program and withdraw the claim at any time
prior to the execution of the Release.

The Release will waive any rights the Claimant and her heirs, descendants, legatees or beneficiaries
may have to assert any claims relating to allegations of sexual abuse against the Estate, related
entities and/or related individuals, to file an individual legal action relating to such allegations, or to
participate in any civil legal action associated with such allegations, except as a witness. However,
the Release will not operate to preclude or limit the Claimant’s ability to report and discuss
allegations of sexual abuse with law enforcement officials or anyone else. In other words, the
Release will not impose any rules of confidentiality on claimants, who are expressly permitted to
discuss their allegations without restriction, should they choose.

Before signing a Release, the Claimant must consult with an attorney selected by the Claimant. If the
Claimant is not represented by an attorney, the Program will provide an attorney to provide free legal
counseling to the Claimant for the sole purpose of advising the Claimant concerning the language and
binding nature of the Release.

No one affiliated with the Program will provide tax or legal advice to those receiving payments under
the Program. Claimants are urged to consult with a tax advisor concerning any questions regarding
tax liability for payments pursuant to the Program.

4. Payments

Upon the Claimant’s acceptance of the Administrator’s determination, the Administrator’s receipt of
the Claimant’s executed Release and, where applicable, dismissal with prejudice of any existing
lawsuit, legal actions or claims against the Estate or related entities and/or related individuals, the
Administrator will initiate payment by check or electronic funds transfer to each eligible Claimant as
directed by the Claimant. Checks will be sent to Claimants via overnight courier service. All
payments made under the Program shall be for a Claimant’s physical injuries, physical sickness and

7 | Page

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 19 of 20

resulting emotional distress within the meaning of Section 104(a) of the Internal Revenue Code.

C. Program Integrity

For the purpose of protecting both the integrity of the Program and financial resources for eligible
Claimants, the Administrator will institute all necessary measures to prevent payment of fraudulent
claims, including taking steps to verify claims and analyze submissions for inconsistencies,
irregularities or duplication.

Each Claimant who signs the Claim Form at the time of submission certifies that the information
provided in the Claim Form is true and accurate to the best of the Claimant’s knowledge, and that the
Claimant understands that false statements or claims made in connection with such submission may
result in fines, imprisonment and/or any other remedy available by law. Claims that appear to be
potentially fraudulent or to contain information known by the Claimant to be false when made will be
forwarded to federal, state or local law enforcement agencies and/or the appropriate Office of the
District Attorney and/or United States Attorney’s Office for possible investigation and prosecution.

D. Confidentiality/Privacy

The Program is confidential. 1 By filing a claim with the Program, the Claimant or her Legal
Representative (where applicable) agrees that information submitted by the Claimant pursuant to
the Program will be used and/or disclosed by the Administrator and her designees only for the
following purposes:

1) Processing and evaluating the Claimant’s claim;
2) Administering the Program and other Program-related work; and
3) Reports to law enforcement where appropriate, related to potentially fraudulent claims.

When documents or other information maintained or submitted by the Estate become part of a
Claimant’s file for purposes of the Program, such materials will be reviewed by the Administrator to
assist in processing and evaluating the claim, but will otherwise remain confidential. No information
provided by Claimants will be provided to the Estate except for the Claimant’s name and the date(s)
and location(s) of the alleged abuse, for the sole purpose of processing and evaluating the claim and,
for purposes of the Release, the names of any other individual(s) to whom or by whom the Claimant
alleges she was trafficked or sexually abused. The Estate has agreed that no information obtained
solely through the Program will be disclosed publicly or used by the Estate in defending itself from any
claim, regardless of forum. The Program’s files are not available for inspection, review or copying by
the Estate or the Claimant or her representatives during or after the Program, and all pertinent
mediation privileges, settlement privileges and other privileges apply.

________________________
1 All parties agree that they are using the services of a third-party administrator to help reach a resolution of individual claims
of sexual abuse, and that this Program is entitled to confidentiality, privileges (mediation, settlement and all other pertinent
privileges), and protection from disclosure under applicable law.

8 | Page

Case 1:19-cv-11869-MKV-DCF Document 30 Filed 06/01/20 Page 20 of 20

To protect the privacy of Claimants participating in the Program, all personal information provided by
the Claimant during this process will be returned or destroyed within one year after the conclusion of
the Program.

Individual Claimants are not bound through the Program by any rules of confidentiality. Claimants may,
at their sole and voluntary option, disclose information in their possession regarding their claim, their
compensation and their experience with the Program.

All confidentiality requirements are subject to law, regulation and judicial process.

E. Reporting

The Administrator shall, on a monthly basis, confidentially provide reports regarding the number and
total value of claims paid each month to the Probate Court of the United States Virgin Islands and the
Attorney General of the United States Virgin Islands. Such reports will report on an aggregate level
only. No individual Claimant information will be published or disclosed in a way that compromises
Claimant confidentiality.

9 | Page