EFTA00230786

9 
1 
THE COURT: Community control two. 
/ ) 
2 
MS. BELOHLAVEK: Correct. 
3 
THE COURT: Community control one --
4 
that would be no electronic monitor? 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
MR. GOLDBERGER: That is correct. 
THE COURT: Now which of the terms 
and conditions of community control one are 
you incorporating? 
MR. GOLDBERGER: I can go through 
them with Your Honor. 
THE COURT: None of the them appear 
to be articulated in the plea sheet which 
is why I'm asking. 
MR. GOLDBERGER: These are the 
standard conditions of community control by 
statute would apply to anyone that goes on 
17 
community control and out of an abundance 
18 
of caution, we simply memorialized those 
19 
standard conditions in the plea sheet 
20 
agreement. 
21 
THE COURT: The Court shall require 
22 
intensive supervision and surveillance for 
23 
an offender placed on community control 
24 
which may include but is not limited to 
25 
specified contact with the parole and 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231226

10 
1 
probation officer, specified by who? 
2 
P-R-agicTIUN— OFF=EIC -SI:WcifiCd—by you, 
3 
4 
5 
Your Honor. 
THE COURT: I don't see that in the 
plea sheet. That's why I'm asking the 
6 
questions. No one has specified how often, 
7 
8 
9 
how frequently he is to have contact with 
his parole and probation officer. 
Confinement to an agreed upon residence 
10 
during the hours away from employment and 
11 
12 
13 
14 
15 
16 
17 
18 . 
19 
public service activity, has that been 
articulated? 
MS. BELOHLAVEK: I believe 
Judge McSorley has a standard order 
somewhere on the bench up there regarding 
this, I'm told by the prosecutor. 
MS. LENHARDT: Judge, usually this is 
the probation sheet she hands out to folks. 
THE COURT: I have seen those 
20 
sheets -- I have seen them incorporated in 
21 
plea agreements which is why I'm asking. 
22 
MR. GOLDBERGER: I see. 
23 
THE COURT: Is there some reason you 
24 
didn't use this particular document in this 
25 
case? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231227

11 
1 
MS. BELOHLAVEK: I didn't realize 
2 
3 
4 
5 
until Ms. Lenhardt just told me that Judge 
McSorley has that. 
MR. GOLDBERGER: We'd be happy to 
execute that document, Your Honor. We were 
6 
-- we overreacted by just having him sign 
7 
off on all conditions of community control. 
8 
THE COURT: Well, this is --
9 
MR.. GOLDBERGER: Perhaps the better 
10 
practice would be --
11 
THE COURT: This is, the reason 
Judge McSorley does this which makes 
ultimate sense is we're going to be here 
half the morning if we're going to decide 
among ourselves now what the --
MR. GOLDBERGER: That makes sense. 
17 
THE COURT: I'm not going to leave 
18 
this just unspecified. 
19 
MS. BELOHLAVEK: We can take care of 
20 
that right now if you could give us a few 
12 
13 
14 
15 
16 
21 
minutes. 
22 
THE COURT: All right. 
23 
These are the standard conditions 
24 
that Judge McSorley normally uses. If you 
25 
like them, you need to circle the ones that 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231228

12 
1 
apply and everyone must initial them. We 
2 
will go over it. If you wish to change 
3 
you understand there is quite a bit of 
4 
latitude given the court in putting 
5 
somebody on community control. If you 
6 
agree to some change, let me know, but 
7 
understand at the outset that I'm a big fan 
8 
of specificity. I want to know what he 
9 
will be doing for employment. I want to 
10 
know exactly where he is going to be living 
11 
and I want it on the record now. It can 
12 
change but it can only change with 
13 
preapproval by DOC. I want it crystal 
14 
clear. I don't want the community control 
15 
officer who gets this case the day he walks 
16 
out the Palm Beach County to have any doubt 
17 
or confusion as to exactly what this 
18 
defendant is supposed to do, where he is 
19 
supposed to be when, exactly what I am 
20 
requesting that officer to supervise. 
21 
MS. BELOHLAVEK: Absolutely. 
22 
THE COURT: Okay. 
23 
MR. GOLDBERGER: 
We will work on it. 
24 
Thank you, Your Honor. 
25 
THE COURT: We will recall that case. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231229

13 
1 
(Brief recess.) 
2 
MR. GOLDBERGER: Your Honor, we are 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
back on Jeffrey Epstein, actually it 
worked, we had an opportunity to go through 
Judge McSorley's conditions of community 
control and we asked the Department of 
Corrections representative to assist us to 
make sure we did everything properly. 
They were very helpful and we executed the 
document. 
MS. BELOHLAVEK: Yes, and Your Honor, 
this defendant doesn't fall under the sex 
offender probation but we have included 
14 
special sex offender conditions as part of 
15 
the community control and they are all 
16 
circled there. 
17 . 
THE COURT: The plea agreement stated 
18 
the defendant is designated as a sexual 
19 
offender pursuant to Florida Statute 
20 
942.035. 
21 
MS. BELOHLAVEK: Correct. But the 
22 
sex offender probation, the statute is . 
23 
different and only applies to certain 
24 
offenses and this one was not enumerated. 
25 
THE COURT: Okay. I want to make 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231230

14 
1 
sure both I and the defendant are clear. 
2 
3 
4 
5 
6 
7 
The sexual offender statute you are 
referring to in the plea sheet is the one 
that requires registration? 
MS. BELOHLAVEK: Correct. 
MR. GOLDBERGER: Correct. 
THE COURT: And we will talk about 
8 
that. 
9 
MR. GOLDBERGER: Okay. 
10 
THE COURT: But it is not the one 
11 
that requires the special conditions of sex 
12 
offender probation? 
13 
MS. BELOHLAVEK: Correct'. 
14 
THE COURT: Now, rather than 948, do 
15 
you want me to disregard 948? He's read 
16 
it?
17 
MS. BELOHLAVEK: He's read it. 
18 
THE COURT:  We will leave it in 
19 
there. But these conditions we are going 
20 
to go over right now are going to be viewed 
21 
in my mind, yes, and they have been signed 
22 
by the defendant and we will go over that 
23 
in a second as a part of the whole plea. 
24 
MS. BELOHLAVEK: Correct. 
25 
THE COURT: II circled are 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231231

15 
1 
conditions, A, you will remain confined to 
2 
 
your  residence except one half hour before 
3 
and after your approved employment, 
0 
4 
5 
6 
community service work or any other 
activity approved by your probation 
officer. 
7 
B, you will maintain an hourly 
8 
accounting of all your activities on a 
9 
10 . 
11 
12 
13 
daily log which you will submit to your 
supervising officer upon request. 
My understanding about the daily 
log, maybe I'm just confused from other 
cases I've heard, is the daily log is a 
14 
weekly log, I guess it is submitted ahead 
15 
of time, is that correct? 
16 
PROBATION, OFFICER: That is correct, 
17 
Your Honor. 
18 
THE COURT: 
part A, where he has 
19 
to stay in his residence except for one 
20 
hour before and after the approved 
21 
employment, community service work and 
22 
other activity. All that's information 
23 
that will be recorded in wil-ang and-the 
24 
defendant will have a copy and he will know 
25 
exactly where he is supposed to be when. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231232

16 
PROBATION OFFICER: 
That is correct, 
2 
Your Honor. 
3 
THE COURT: As will his supervising 
4 
probation officer. And.then to document 
that he's supposedly done all that he 
6 
himself will be keeping a daily log? 
7 
PROBATION OFFICER: That is correct, 
8 
Your Honor. 
9 
THE COURT: And the log form will be 
10 
provided by the department and he will be 
11 
turning that in every time he meets with 
12 
the probation officer? 
13 
PROBATION OFFICER: That is correct, 
14 
Your Honor. 
15 
THE COURT: Okay. Illthat applies 
16 
and F applies. Does E apply? No. 
17 
MS. BELOHLAVEK: Did I circle ET 
18 
THE COURT: No. F -- made one up, 
19 
the defendant will be residing at 358 El 
20 
Brillo Way, Palm Beach, Florida, 33480. He 
21 
knows now that that's where he will be 
22 
living when he is released after his 12 
23 
months and six months. 
24 
MR. GOLDBERGER: That is correct, 
25 
Your Honor. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231233

17 
1 
THE COURT: That's a private 
2 
3 
4 
5 
6 
residence? 
MR. GOLDBERGER: That is his home. 
THE COURT: Does he own the 
residence? 
MR. GOLDBERGER: He does, Your Honor. 
7 
THE COURT: Is there any possibility 
8 
that he no longer owns the residence? 
9 
10 
11 
MR. GOLDBERGER: Not anticipated, 
Your Honor. 
THE COURT: Okay. Should he not be 
12 
for whatever reason -- 18-months is a long 
13 
time, should he not be owning that 
14 
residence or able to reside there, he will 
15 
have the obligation of notifying his 
16 
probation officer prior, and I emphasize 
17 
• 
this, prior to his release from custody. I 
18 
assume that the department will be notified 
19 
prior to, to his release? 
20 
PROBATION OFFICER: That is correct, 
21 
Your Honor. 
22 
THE COURT: And then you would need 
23 
to send someone to meet with him before he 
24 
walks out of the Palm Beach County jail and 
25 
verify his address and employment 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231234

18 
1 
information? 
2 
PROBATION OFFICER: That is correct. 
3 
THE COURT: All address -- I assume 
4 
all of this, to and from work and any other 
5 
approved activities restricts him to Palm 
6 
Beach County, is that correct? 
7 
PROBATION OFFICER: That is correct, 
8 
Your Honor. 
9 
THE COURT: II let's be clear, 
10 
everything, from the day he walks out 
11 
occurs in Palm Beach County, is that clear? 
12 
MR. GOLDBERGER: We understand, Your 
13 
Honor. That's correct. 
14 
THE COURT: Then the additional 
15 
condition of his probation, they are not 
16 
sex offender standard conditions, they are 
17 
just conditions that are being imposed 
18 
especially in this case? 
19 
MS. BELOHLAVEK: Correct. 
20 
THE COURT: They are as follows, you 
21 
shall submit to a mandatory curfew from 10 
22 
p.m. to  6:00 a.m. regardless of any other 
23 
restrictions regarding work or approved 
24 
activity, there will be no exceptions to 
25 
being at home in house from 10 p.m. to 6 
1 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231235

19 
1 
2 
a.m., is that correct? 
MS. BELOHLAVEK: Yes. 
7-7,1
3 
THE COURT: If the victim was under 
4 
age of 18 years which I gather is the case 
because it's circled, you shall not live 
6 
within 1000 feet of a school, day care 
7 
center, park, playground or other place 
8 
where children regularly congregate. 
9 
Hai someone verified that 358 El 
10 
Brillo is such a place? 
11 
MS. BELOHLAVEK: No, but that will be 
12 
done prior to his release. 
13 
THE COURT: II 358 El Brillo will not 
14 
be approved if it should happen to be one 
15 
thousand feet from a school, day care 
16 
center, park, playground or other place 
17 
this is rather open. 
18 
MR. GOLDBERGER: Where children 
19 
gather. 
20 
THE COURT: Where children regularly 
21 
congregate. 
22 
MS. BELOHLAVEK: Right. 
23 
--TEE COURT: The Court knows 358 El 
24 
Brillo Way is a residential neighborhood, 
25 
are there areas there where children 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231236

4 
1 
regularly congregate? 
20 
2 
MS. BELOHLAVEK: I personally do not 
3 
know. 
4 
THE COURT: Neither do I, which is 
5 
why I'm asking. Has that been 
6 
investigated? 
7 
MR. GOLDBERGER: We have done our due 
8 
diligence, for what it's worth, there is a 
9 
residential street. There are not children 
10 
congregating on that street. We think the 
11 
address applies, if it doesn't, we fully 
12 
recognize that he can't live there. 
13 
THE COURT: Okay. D is, you shall 
14 
not have any contact with the victim, are 
15 
there more than one victim? 
16 
MS. BELOHLAVEK: There's several. 
17 
THE COURT: Several, all of the 
18 
victims. II this should be plural. I'm 
19 
making that plural. You are not to have 
20 
any contact direct or indirect, and in this 
21 
day and age I find it necessary to go over 
22 
exactly what we mean by indirect. By 
23 
indirect, we mean no text messages, no 
24 
e-mail, no Face Book, no My Space, no 
25 
telephone calls, no voice mails, no 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231237

21 
1 
2 
3 
4 
messages through carrier pigeon, no 
mews yetl through—third partl-e's7—no hey 
would you tell 
and 
for me, no having 
a friend, acquaintance or stranger approach 
5 
any of these victims with a message of any 
6 
sort from you, is that clear? 
7 
THE DEFENDANT: Yes, ma'am 
8 
9 
10 
11 
12 
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. 
13 
II, if there is a desire which, I would 
14 
think would be a bit strange. to have 
15 
contact with any of the victims the court 
16 
must approve it. 
17 
MS. BELOHLAVEK: Correct. 
18 
THE COURT: If the victim was under 
19 
the age of 18, which was the case, you 
20 
shall not until you have successfully 
21 
attended and completed the sex offender 
22 
program. II, is this sex offender program 
23 
becoming a condition of probation? 
24 
MS. BELOHLAVEK: That is not. I 
25 
don't believe I circled that one. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231238

22 
1 
THE COURT: You did. 
2 
MR7—BULDBERGERT--Thrs 
a mi-Srt-ZOnr-Orl 
3 
our part. Actually the statute that he is 
4 
pleading guilty to does not require the 
5 
THE COURT: I understand that, but 
6 
you circled it. 
7 
MS. BELOHLAVEK: I apologize, that 
8 
one is not. He has already been in 
9 
treatment with a private psychiatrist. 
10 
THE COURT: Which you find to be an 
11 
adequate substitute for sex offender 
12 
program? 
13 
MS. BELOHLAVEK: I -- it is not 
14 
required and based upon the evaluation and 
15 
my contact with that doctor, I don't 
16 
believe it's necessary at this point. 
17 
THE COURT: Has that been -- I assume 
18 
.you have a law degree and do not have a 
19 
Ph.D in a psychology or II in psychiatry? 
20 
MS. BELOHLAVEK: That is correct, I 
21 
don't. 
22 
THE COURT: 
■ 
it is just your 
23 
judgement --
24 
MS. BELOHLAVEK: Correct. 
25 
THE COURT: 
-- that his treatment 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231239

23 
1 
with some fancy private psychiatrist or 
2- 
psychologist—in his—case—rs—ckey9 
3 
MS. BELOHLAVEK: That is correct. 
4 
THE COURT: II you are not imposing 
5 
E? 
6 
MS. BELOHLAVEK: Correct. 
7 
THE COURT: F, if the victim was 
8 
under the age of 18, you shall not work or 
9 
play or as a volunteer in any school, day 
10 
care center, park, play ground or other 
11 
12 
place where children regularly congregate, 
is that understood? 
13 
THE DEFENDANT: Yes, ma'am. 
14 
THE COURT: Children will be defined 
15 
as anyone under the age of 18. There are a 
16 
lot of places where children regularly 
17 
congregate. What kind of.work do you do? 
18 
THE DEFENDANT: Banking. 
19 
THE COURT: Here in Palm Beach
20 
County? 
21 
THE DEFENDANT: Virgin Islands, 
22 
ma'am. 
23 
THE COURT: You understand you will 
24 
not travel from Palm Beach County for the 
25 
duration of this? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231240

24
1 
THE DEFENDANT: Yes, ma'am. 
2 
MR. uritDahNvERT--Tiout—Hunur7—T- m 
3 
sorry to interrupt, we do cover the 
4 
employment later in the agreement as to 
5 
what he is going to be doing during the one 
6 
year that he is on community control. 
7 
THE COURT: Okay. And let me --
8 
condition G, which is circled, unless 
9 
otherwise indicated in the treatment plan 
10 
provided by sexual offender treatment 
11 
program. 
12 
MR. GOLDBERGER: That's not in there. 
13 
THE COURT: Is that what you want? 
14 
MS. BELOHLAVEK: No. 
15 
THE COURT: But you do want the, you 
16 
will not view, own or possess any obscene 
17 
pornographic --
18 
MS. BELOHLAVEK: Correct. 
19 
THE COURT: Okay. But are you saying 
20 
that this therapist can okay him to own 
21 
certain pornographic material? 
22 
MS. BELOHLAVEK: No, not at all. 
23 
MR. GOLDBERGER: No, Your Honor. 
24 
THE COURT: Would be really helpful 
25 
if people read these things before they 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231241

25 
1 
signed them thoroughly. 
3 
UffretW—D-Cherwise indicated in 
treatment plan. I'm just going to strike 
4 
out, provided by the sexual offender 
5 
treatment program. Is that what you 
6 
intend, that his therapist can 
7 
MS. BELOHLAVEK: No. 
8 
THE COURT: No? 
9 
MS. BELOHLAVEK: No. 
10 
THE COURT: Unless otherwise 
11 
indicated. 
12 
MR. GOLDBERGER: The parties have 
13 
agreed that during the period that he is --
c"--) 
14 
cannot be --
15 
THE COURT: Condition G will now 
16 
read, you shall not view, own, possess any 
17 
obscene, pornographic or sexually 
18 
stimulating visual or auditory material 
19 
including telephonic, electronic media, 
20 
computer program or computer services that 
21 
are relevant to your deviant behavior 
22 
pattern. And who is going to enforce that? 
23 
MS. BELOHLAVEK: The community 
24 
control officer. 
25 
THE COURT: How? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231242

26 
1 
MS. BELOHLAVEK: They have the 
:1) 
2 
oBaliTion and ardarided-177fbere tor 
3 
warrantless search to check at any time his 
4 
home, his computer, anything he has contact 
5 
with. 
6 
THE COURT: And do they regularly do 
7 
that?.
8 
9 
10 
11 
12 
PROBATION OFFICER: Yes, ma'am. 
THE COURT: Since we have the 
pleasure of having someone from the 
Department of Corrections here. 
Okay. H, you shall submit two 
13 
specimens of blood to the Florida 
14 
Department of Law Enforcement to be 
15 
registered in the DNA data bank. 
16 
J, you shall submit to a 
17 
warrantless search by your probation 
18 
officer or community control officer of 
19 
your person, residence or vehicle. 
20 
G -- where is the G? 
21 
MS. BELOHLAVEK: That was under the 
22 
original part, not under the sex offender 
23 
one. 
24 
THE COURT: Okay. Defendant to have 
25 
contact with the community control officer 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231243

27 
1 
at a minimum one time a week. 
2 
DeZendant-to.,...mozk-at_Eloxida 
3 
Science Foundation, 250 Australian Avenue, 
4 
5 
6 
West Palm Beach, Florida. Is that 
volunteer work or work for pay? 
MR. GOLDBERGER: It is a 501C 
7 
corporation that he has formed, Your Honor, 
8 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
that will be doing charitable work. 
THE COURT: That he has formed? 
MR. GOLDBERGER: Yes. 
THE COURT: What exactly is Florida 
Science Foundation? 
MR. GOLDBERGER: Do you want to 
explain? 
THE DEFENDANT: It funds science 
programs around the state and the country. 
THE COURT: How long has it been in 
existence? 
THE DEFENDANT: Fifteen years. 
THE COURT: How many programs has it 
funded? 
THE DEFENDANT: Numerous, more than 
23 
50. 
24 
THE COURT: What is your position 
25 
with the organization? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231244

28 
1 
THE DEFENDANT: President. 
 THS--e6URIL-. 
Is—there—a board o-f--
3 
directors? 
4 
THE DEFENDANT: Yes, ma'am. 
5 
THE COURT: Who's on the board of 
6 
directors? 
7 
THE DEFENDANT: Two attorneys. 
8 
THE COURT: What exactly do you do? 
9 
THE DEFENDANT: I'm an investment 
10 
banker but my --
11 
THE COURT: No, no, I mean with the 
12 
science foundation. 
13 
THE DEFENDANT: We fund 
14 
science programs --
15 
THE COURT: I don't want to know what 
16 
we do, I want to know what you do. How 
17 
often are you there? 
18 
THE DEFENDANT: I'm there every day, 
19 
I research, I take in people who want to 
20 
make presentations about why they need 
21 
money for funding medical research, 
22 
advanced science research. My background 
23 
is in physics. I go through all the 
24 
programs in detail, review the science work 
25 
potentials, I follow through on a daily 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231245