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Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 1 of 18
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
UNITED STATES OF AMERICA,
Government,
- against -
JEFFREY EPSTEIN,
Defendant.
---------------------------------------------------------------x
fusocsnNY
!noCUMENT
• :::LECTRONICALL Y FILED
• ,JOC #:
DATE J-,IL-ED---::: -:,--,..._,-~--:+1,.,....,.,-----
19 CR. 490 (RMB)
ORDER
The Clerk is respectfully requested to docket the enclosed documents which were
discussed at today's bail hearing.
Dated: New York, New York
July 15, 2019
RICHARD M. BERMAN
U.S.D.J.
Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 2 of 18
1 SUPREME COURT
TRIAL TERM
SOR.A HEARING
NEW YORK COUNTY
PART 66
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THE PEOPLE OF THE STATE OF. NEW YORK : INDIClMENT # 3 • 30129/2010
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AGAINST
JEFFREY EPSTEIN 6 Defendant;
------------------------------------x SORA HEARING
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1 ' BE FORE:
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111 Centre Street
New York, New York 10013
January 18, 2011
HONORABLE RUTH PICKHOLZ Justice of the Supreme Court
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•. For the People:
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For the Defense:
CYRUS R. VANCE, JR. I ESQ. I
New York County District Attorney ·One Hogan Place •. • •
New York, New York 10013
BY: JENNIFER GAFFNEY,· ESQ . . Assistant District. Attorney
KIRKLAND & ELLI, LLP
153 East 53rd Street
New York, New York 10022
BY: JAY LEFKOWITZ, ESQ .. SANDRA MUSUMECI, ESQ.
Vikki J. Benkel
Senior Court Reporter
Vikki J. Benkel ·
Senio; Court Reporter
page 1
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COURT CLERK: This ·is number two on the calendar,
matter of Jeffrey Epstein.
Your appearances please.
MS. GAFFNEY:. Jennifer Gaffney for the People,
Good afternoon, Your Honor.
MR. LEFKOWITZ: Jay. Lefkowitz and Sandra Musumeci
for Mr. Epstein.
THE COURT: Mr. Epstein is not here.
MR. LEFKOWITZ: That's correct.
. THE COURT: Are you waiving his appearance?
MR. LEOOWITZ: Yes;
MS. GAFFNEY: Your Honor, this case is on for a
SORA hearing this afternoon.
The People did receive the board's recommendation
of a Level Three. However, we received the underlying
information ,from them and also had some contact with
Florida, and we don't believe that we can rely on the entire
probable cause affidavit.
I don't know if the board sent.that to you as
well.
THE COURT: I don't know wtiy you cannot rely on
it.
MS. GAFFNEY: Because in Florida of all of the
victims in that probable cause affidavit, they actually only
went forward on one case. There was ·only an indictment for
Vikki J. Benkel
Senio; Court Reporter
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one victim and that is what the defendant plead to.
So it is unlike a situation.where everythi°ng was
indicted and then we get to sort of assess points for all of
the victims, if it was part of a plea bargain. They did not
actually 9hoose to go forward on any except for the one
victim.
So under the board guidelines, the risk assessment
interim guidelines, it actually says, you know, by way of
contrast if an offender is not indicted for an offense, it
is strong evidence that the offense did not occur and I
don't think --
THE COURT: Do you find that if somebody is not
indicted it is strong evidence that it did not occur?
MS. GAFFNEY: ·I don't know that we can rely on it
as clear and convincing evidence if the prosecutor's office
never went forward on it. The prosecution said that the
victims, although they spoke to the police early on, did not
cooperate with them. So we don't have any follow up
information.
THE COURT: But the board found a Level Three.
I have to tell you, I am a little overwhelmed
because I have never seen the prosecutor's office do
anything like this. I have never seen it. I had a case
with one instance it was a marine who went to a bar, and I
wish I had the case before me, but he went to a bar and a 17
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year old, he was an adult obviously, he was a Marine, a 17
year old came up to him an~ one thing lead to another and he
had sex with her and the People would not agree to a
downward modification on that.
, • So I am a l i tt le overwhelmed here because I see --
I mean I read everything here, I am just a little
overwhelmed that the People are making this application.
·I could cite many many, I have done many SORAs
much less troubling than this one where the People would
never make a downward argument like thi~.
MS. GAFFNEY: I agree with Your Honor, it is
incredibly unusual for us to make a downward argument. But I
the problem is the one thing that we have from the board is
it seems to be in contradiction to their own guidelines
which if something was not indicted, you are not supposed to '-
rely on it.
THE COURT: They obviously took that into
consideration.
MS. GAFFNEY: And I tried to reach -- I reached
the authorities in Florida to try to see if they had all the
interview notes or other things that we can then
subsequently rely on that might be considered clear and
convi.ncing evidence, if they had interviewed these women on
their own, and they never did. No one was cooperative and
they did not go forward on any of the cases and none of them
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were indicted. So I don't know.
THE COURT: And you spoke to the prosecutor?
· MS. GAFFNEY: The actua 1 prosecutor left the
office. I spoke to the prosecutor that took over the case.
THE COURT: Maybe you can find the prosecutor that
left the office.
You have done more in other cases looking into it.
I have never seen the prosecutor's office do this. I have
to tell you, I am shocked.
MS. GAFFNEY: Right, but I spoke to the prosecutor
that took over the case and. they don't have anything, any
affidavits, any statements, any notes.
THE COURT: Why don't you speak to.the prosecutor
that did do the case, I am sure you could find that
prosecutor.
MS. GAFFNEY: I can find her, but based upon whc;1t
the other prosecutor said, they did not speak to that
prosecutor eitner.
THE COURT: You did not speak to the prosecutor
yourself, you did.not speak to them, that is hearsay. You
did not speak to the prosecutor that handled the case,
MS. GAFFNEY: • That ' s right .
THE COURT: I don't think you did much of an
investigation here.
MS. GAFFNEY: I mean I called the prosecutor.
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Senio; Court Reporter
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Even though the first prosecutor left, presumably the
prosecutor's office has the file.
page 6
THE COURT: I would still call the prosecutor.
MS. GAFFNEY: Anything from these women they would
have forwarded it to us.
THE COURT: I don't know that, I think you have to
speak to the prosecutor.
But be that as it may, I hear your argument.
Anything else?
MS. GAFFNEY: I mean that is why I don't think we
can, I don't think we are entitled to rely on this because
they did not go forward.
THE COURT: The board made a reconmendation.
MS. GAFNEY: Correct.
MS. MUSUMECI: May I speak, Your Honor?
TiiE COURT-: Yes.
MS. MUSUMECI: Good afternoon.
I \NOuld like to bring a fewadditional points to
Your Honor's attention that don't come across in the board
recommendation.
The.first is that Mr. Epstein is not a resident of
New York, unlike most of these out of state, he has not
changed his address and moved to New.York, he maintains a
vacation home in New York. His primary residence is the
U.S. Virgin Islands.
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Sen.io; Court Reporter
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He is registered in the U.S. Virgin Islands, he
has been since his release from jail. He notifies·the
Virgin Island authorities every time he leaves that
jurisdiction. Virgin Island authorities rated him at the
lowest level of registration.
He also registered in Florida, which is the state
of this particular offense, and the only reason that this
conviction is even before Your Honor. ,,
The offense for which he was convicted is not a
registrable offense in New York. He is only registrable
here arguably because based on the provision of SORA that
says if a crime is registrable in the state of conviction,
then it is registrable here in New York. And the Florida
authorities that considered that rated him at the lONest
level of their SORA statute.
He additionally has a vacation home in New Mexico
and is registered in New Mexico. The New Mexican
authorities when they considered his offenses, determined he
need not register at all. Nevertheless, he has voluntarily
registered with New Mexico and maintains that registration.
Additionally, because of his possession of a
vacation home in New York, he has been vo 1 untari l y
registered with New York SOMU, the Sex Offender Monitoring
Unit since May of this year. He notifies them whenever he
comes to travel to New York. He never comes to New York for
Vikki J. Benkel
Senio; Courl Reporter
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more than seven days or at least he has not since he has
been registered. He has no intention to ever be here for
longer than a period of ten days.
Like I said, he does notify the authorities when
he is here. He fully understands the reason for voluntary
registration, he wants to be compliant with the Federal SORA
law which requires wherever you own a property to register.
To require Mr. Epstein to register as a Level
Three offender in New York vvould actually require him to
come to New York more than he does normally, it would
require him to come every 90 days and renew his
registration.
· He is very di l ;gent in registering with N6V11 York
authorities. •
All of the other jurisdictions that have
considered his case have determined that he either not
register at all or register at the lcmest level, and he has
been more than compliant with all of those requirements.
Your Honor, we would join in the prosecutor's
application.
THE COURT: I am sure you would.
MS. MUSUMECI: By way· of background, we have been
in contact with the prosecutor's office·on this matter since
I believe certainly since Mr. Epstein got his notification,
which I believe was in August. We have met with the
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Senio; Courl Reporter
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prosecutor and provided numerous materials for the
prosecutor to consider. We have included in that a
deposition from the detective who headed this investigation
who acknowledged in a sworn deposition that the lead
prosecutor who originally had the case, whose name I cannot
pronounce, Lanna Belohlavek, I apologize for the
mispronunciation, said to the detective after her
investigation, there are no real victims here.
All of the alleged conduct that is cited in the
board's write up was corrmercial conduct. All of the alleged
conduct the women went voluntarily, there are rio allegations
of force certainly none.
THE COURT: There was no ~llegation of force in
the marine either, who met a girl in a bar, a young girl 17,
there was no force there.
MS. MUSUMECI: It is our understanding that the
prosecutor in Florida conducted a full investigation, ·as
full as she was able with the cooperation afforded by these
complainants, and determined that the only case that she
could present to the grand jury was this indictment for a
non registrable offense then
offense.
THE COURT: But it is registrable here.
I don't knc:m what you mean non registrable
MS. MUSUMECI: Let-me explain, Your-Honor.
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Mr. Epstein plead t9 two charges, one was an
indictment which is an offense that is not registrable, it
is a Florida indictment for --
THE COURT: Then why does he have to register
here?
MS. MUSUMECI: It was a second offense that he
plead to
THE COURT: That is registrable.
MS. MUSUMECI: That is registrable.
That offense was by information and that is the
on 1 y regi st rab 1 e offense, that i s what the DA' s office is
considering in doing their scoring.
The indictment which was the only case th~t the
prosecutor even prosecuted through grand jury is not even a
registrable offense.
THE COURT: He plead guilty to a registrable
offense.
MS. MUSUMECI: Yes.
THE COURT: What did he plead guilty to?
MS. GAFFNEY: He plead guilty to the procuring a
person under 18 for prostitution.
THE COURT: Procuring a person under 18 for
prqstitution.
MS. GAFFNEY: Right .
THE COURT: How old was she?
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Senio; Court Reporter
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MS. GAFFNEY: It appears the first time they met
she was either 16 or 17, then for the remainder of their
relationship she was probably 17.
THE COURT: How long was their relationship?
MS. GAFFNEY: She met; she gave him approximately
15 massages, including with sexual contact, and ultimately
when she is 17 had intercourse with him.
THE COURT: She is a child.
MS. MUSUMECI: Your Honor, I would note that under
SORA it is clear that prostitution offenses are only
registrable when in fact by clear and convincing evidence
the vvomen or victim is 17, is under 17.
THE COURT: Well, she met him at 16, he procured
her at 16 from what I read.
MS. MUSUMECI: There is evidence we challenged.
THE COURT: He plead guilty to that, didn't he?
MS. MUSUMECI: He plead guilty to under 18, which
is the law in Florida, which is a different standard than
what the law is in New York. And there is no evidence,
there. is no clear and convincing evidence as to her specific
age at the time of the specific conduct.
THE COURT: We 11 , the DA j ust told me she was most
likely 17, she just said it on the record.
MS. MUSUMECI: Your Honor, we agree that the
evidence is that she was 17 on the one occasion she had·
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Senio; Courl Reporter
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consensual intercourse with him and 17 is not registrable or
criminal under New York law.
And the prostitution aspect of having intercourse
with a 17 year old is not registrable conduct.
THE COURT: Why does he have to register here?
MS. GAFFNEY: Because it is a register able
offense in Florida, New York State board of examiners
THE COURT: Recognizes it.
MS. GAFFNEY: Recogni zes it , yes .
THE COURT: I have had many cases like that where
it was not registrable here but it was in the state where
the person came from and New York recognized that.
MS. MUSUMECI: Your Honor, we are not saying that
he should not register. Mr. Epstein has already registered
and recognizes his duty to register.
THE COURT: I am glad of that, very glad of that~
I am sorry he may have to come here every 90 days.
He can give up his New York home if he does not
want to come every 90 days.
Anything else?
I rely on the board.
MS. MUSUMECI: Your Honor, we would reserve our
right to appeal Your Honor's ruling.
THE COURT: Of course; do so.
MS. GAFFNEY: For the record, Your Honor, he is
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going to be deemed a Level Three sex offender with no
designation, correct?
THE COURT: Correct.
MS. MUSUMECI: For purposes of the appeal I
believe that Your Honor
THE COURT: Give me the board's scoring.
page 13
The board has scored use of violence the least,
10.
Sexual contact with victim, 25. I agree.
Number of victims, three or more. He only plead
guilty to one, but apparently there were more than one and I
think the People concede that although they say it was not
reliable.
Duration of offense, conduct with victim,
continuing course of sexual misconduct, the People have told
me it was continuing for 20 points.
Age of victim 11 through 16, he got 20 points for
that, and she was 16 at the time.
Other victim characteristics, there was no mental
disable or helplessness. I agree.
Relationship with victim stranger, 20 points.
Age at first act of sexual misconduct, 20 or less.
They scored him zero on that.
Number and nature of prior crimes, no history,
they scored him five on that.
Vikki J. Benkel
Senio; Court Reporter
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SOR.A HEARING page 14
Recency of prior offense less than three years,
they gave him zero.
Drug or alcohol abuse history, they ~ave him zero.
Acceptance of responsibility, they gave him zero.
Conduct while confined, they gave him zero.
And supervision, they gave him zero.
Living employment situation, zero.
They gave him 130 points, which is the highest
level, and I agree.with that.
MR. LEFKOWITZ: If I could be heard for one
moment.
It appears that th~ state board made its
determination based on access to a police report in Florida,
The prosecutor, the lead prosecutor, the lead sex
crimes pr~secutor in Palm Beach made a determination that
the complainants and the police report itself was not
credible and decided not to prosecute on the basis of all of
that.
In addition, there has been through the course of
the last few years some civil litigation, as you might
imagine, involving these matters and we now have sworn
testimony in evidence from the complainants themselves
disclaiming much of what appears in the police report.
So, Your Honor, we would submit and this is not to
make light in any way of the conduct what Mr. Epstein did or
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Senio; Courl Reporter
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what Mr. Epstein plead guilty to, but with respect to
everything and that is why Mr. Epstein voluntarily
registered in New York even though there is a question about
whether he has any obligation just as a jurisdictional
matter, but Your Honor, with respect to the appropriate
level for him to register, we would submit Your Honor that
the evidence simply does not support the foundation of the
state's determination.
THE COURT: You have made a very clear record and
you have your right to appeal.
I feel the board looked into all of this, made
their recommendation, found him to have 130 points and I see
no reason to disturb that.
Thank you.
16 I, Vikki J. Benkel, a Senior Court Reporter in and for
17 the State of New York, do hereby certify that the foregoing
18 transcript is true and accurate to the best of my knowledge,
19 skill and ability.
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Vikki J . Benke l
Vikki J. Benkel
Senio; Court Reporter
Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 17 of 18
SMART
Office of Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tr;,1ckin9
SOMAPI Report Highlights
SEX OFFENDER MANAGEMENT
ASSESSMENT AND PLANNING INITIATIVE
smart.gov/SOMAPI
Adult Sex Offender Recidivism
Observed recidivism rates of sex offenders are
underestimates of actual reoffending.
Sex crimes are one of the most underreported crimes
and are often unseen by anyone other than the victim
and perpetrator. Low reporting levels make it extremely
difficult to estimate actual sexual recidivism rates.
Additionally, only a small portion of sex offenses
reported to law enforcement result in the offender's
arrest. Therefore, it's generally recognized that observed
recidivism rates are underestimates of the true reoffense
rates of sex offenders.
Sex offender recidivism is difficult to measure.
Recidivism rates are measured differently from one study
to the next, with different results. Studies differ in how
recidivism is defined (i.e., rearrest vs. reconviction), how
long offenders are followed and what types of offenders
are included (i.e., rapists vs. child molesters).
Recidivism rates of sex offenders range from 5 percent
after 3 years to 24 percent after 15 years.
Relatively low rates are reported in studies using observed
sexual recidivism rates over follow-up periods shorter
than 5 years. For example, a 2003 study (Langan, P.,
Schmitt, & Durose, M., "Recidivism of Sex Offenders
Released From Prison in 1994," Bureau of Justice Statistics)
found a sexual recidivism rate of about 5 percent using a
3-year follow-up period for a large sample of sex offenders
released from prison. Studies employing longer follow-up
periods consistently report higher rates of recidivism. For
example, a 2004 study (Harris, AJ.R., & Hanson, R.K., "Sex
Offender Recidivism: A Simple Question," Public Safety
and Emergency Preparedness Canada) reported sexual
recidivism rates of 20 percent and 24 percent for a sample
of sex offenders based on a 10-year and 15-year follow-up
period, respectively.
Sex offenders - regardless of type - have higher
rates of general recidivism than sexual recidivism.
Recidivism studies have consistently found that adult sex
offenders have much higher rates of general reoffending
than sexual reoffending. A 2004 study (Hanson, R.K., &
Morton-Bourgon, K., "Predictors of Sexual Recidivism: An
Updated Meta-Analysis," Public Safety and Emergency
Measuring sex offender recidivism is
difficult due to underreporting and different
methods used in research studies. Studies
with longer follow-up periods show that
recidivism increases over time. Furthermore,
different "types" of sex offenders have
different recidivism rates.
Preparedness Canada) analyzed findings from 95 studies
and found that sex offenders had an average overall
recidivism rate of 37 percent compared to an average
sexual recidivism rate of 14 percent, based on follow-up
periods of 5 to 6 years. This suggests that policies aimed at
protecting the public from sex offender reoffense should
be concerned with the likelihood of any form of serious
recidivism, not just sexual recidivism.
Female sex offenders reoffend at significantly lower
rates than male offenders.
Five- to six-year rates of sexual recidivism for female sex
offenders may be as low as 1 to 3 percent. The empirical
evidence regarding the different recidivism rates of female
and male sex offenders suggests that intervention and
management practices need to differentiate between
female and male sex offenders, and that methods for
assessing risk of male sex offenders are unlikely to be
accurate when applied to female sex offenders (Cortoni,
F., Hanson, R.K., & Coache, M.E., "The recidivism rates
of female sex offenders are low: A Meta-Analysis," Sexual
Abuse: A Journal of Research and Treatment, 22; 2010).
Different types of sex offenders have different
recidivism rates.
Research examining the recidivism of rapists and child
molesters indicates that the highest observed recidivism
rates are found among child molesters who offend against
boys. Comparatively lower recidivism rates are found
for rapists, child molesters who victimize girls and incest
offenders.
The opinions, findings and conclusions or recommendations expressed in this summary are those of the authors and contributors and do not
necessarily represent the official position or policies of the SMART Office or the US Department of Justice. For more information about SOMAPI
and this topic, visit www.smart.gov/SOMAPI.
May2017
Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 18 of 18
S~!!-\ol::stjl) ll8CU'-'D!Nffi
US. v. Jeffrey Epstein, l 9-cr-490 (RMB)
ASSET SUMMARY - JUNE 30, 2019
6/30/19
Asset Value
Cash $ 56,547 773
* Fixed Income $ 14,304,679
* Equities $ 112,679,138
* Hedge Funds & Private Equity $ 194,986,301
** Prooerties
*** 9 East 71 st Street, New York, NY 10021 $ 55,931,000
49 Zorro Ranch Road, Stanley New Mexico 87056 $ 17,246,208
358 El Brillo Way, Palm Beach, FL 33480 $ 12,380,209
22 Avenue Foch, Paris France 75116 $ 8,672,823
Great St James Island No. 6A USVI 00802 (oarcels A,B,C) $ 22,498,600
**** Little St James Island No. 6B USVI 00802 (oarcels A.B C) $ 63,874,223
Total Assets $ 559,120,954
* Values reflect gross numbers that are not net of tax
** All properties are valued at assessed values as oer the most recent
property tax bills
*** Note the United States Attorney's office for the Southern District of New York
has stated that the value of this home is $77,000,000 as compared to the
market value shown above per the June 1, 2019 property tax bill
**** Note this property is valued at cost basis, however the assessment on
the most recent tax bill is $4,857,500