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EFTA00231526

A81 
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EFTA00231527

A82 
Transcript of SORA Hearing, dated January 18, 2011 
(pp. A82-A96( 
S0RA HEARING 
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SUPREME COURT 
NEW YORK COUNTY 
TRIAL TERM 
PART 66 
 
x 
THE PEOPLE OF THE STATE OF NEW YORK: INDICTMENT # 
: 30129/2010 
• 
AGAINST 
• 
JEFFREY EPSTEIN 
• 
Defendant. 
BEFORE: 
 x SORA HEARING 
111 Centre Street 
New York, New York 10013 
January 18, 2011 
HONORABLE RUTH PICKHOLZ 
Justice of the Supreme Court 
APPEARANCES: 
For the People: 
For the Defense: 
CYRUS R. VANCE, JR., ESQ., 
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 LEFKGAUTZ, ESQ. 
SANDRA MUSUMECI, ESQ. 
Vikki J. Benkel 
Senior Court Reporter 
Vtkki J. Benkel 
Senior Court Reporter 
EFTA00231528

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SORA HEARING 
page 2 
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. LEKWOWITZ: 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 why 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 
Senior Court Reporter 
EFTA00231529

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SORA HEARING 
page 3 
one victim and that is what the defendant plead to. 
So it is unlike a situation where everything MS 
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 choose 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 
Vikki J. Benkel 
Senior Count Reporter 
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SORA HEARING 
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year old, he was an adult obviously, he was a Marine, a 17 
year old came up to him and 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 little 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 this. 
MS. GAFFNEY: 
I agree with Your Honor, it is 
incredibly unusual for us to make a downward argument. But 
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 
_convincing 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 
Vikki J. Benkel 
Senior Court Reporter 
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SORA HEARING 
page 5 
were indicted. So I don't knaN. 
THE COURT: And you spoke to the prosecutor? 
MS. GAFFNEY: The actual 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 what 
the other prosecutor said, they did not speak to that 
prosecutor either. 
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. 
Vikki J. Benkel 
Senior COUrt Reporter 
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SORA HEARING 
Even though the first prosecutor left, presumably the 
prosecutor's office has the file. 
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 recommendation. 
MS. GAFNEY: Correct. 
MS. MUSUMECI: May I speak, Your Honor? 
THE COURT: Yes. 
MS. MUSUMECI: Good afternoon. 
I would like to bring a few additional 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. 
page 6
Vikki I Bunke! 
Senior Court Reporter 
EFTA00231533

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A88 
SORA HEARING 
page 7 
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 lowest 
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 voluntarily 
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 
Vikkt J. Benkel 
Senior Court Reporter 
EFTA00231534

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SORA HEARING 
page 8 
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 would 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 diligent in registering with New 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 lowest 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 
Vikki J. Benkel 
Senior Court Reporter 
EFTA00231535

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SORA HEARING 
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 MS commercial conduct. All of the alleged 
conduct the women went voluntarily, there are no allegations 
of force certainly none. 
THE COURT: There was no allegation 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 --
THE COURT: But it is registrable here. 
I don't know what you mean non registrable 
offense. 
MS. MUSUMECI: Let me explain, Your Honor. 
Yikki r. Berke! 
Senior Colin Reporter 
page 9
EFTA00231536

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SORA HEARING 
page 10 
Mr. Epstein plead to 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 
only registrable offense, that is what the DA's office is 
considering in doing their scoring. 
The indictment which was the only case that 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 
prostitution. 
MS. GAFFNEY: Right. 
THE COURT: How old was she? 
Vikki J. Benket 
Senior Court Reporter 
EFTA00231537

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SORA HEARING 
page 11 
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 women 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: Well, the DA just 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 
VOX J. Benke! 
Senior Court Reporter 
EFTA00231538

A93 
SORA HEARING 
page 12 
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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: Recognizes 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 
--Tight—to appeal YboUr Honor's ruling. 
THE COURT: Of course, do so. 
MS. GAFFNEY: For the record, Your Honor, he is 
Vikki J. Benke! 
Senior Cowl Reporter 
EFTA00231539

RECORD PRESS, INC., 229 West 36th Street, N.Y. 10018-28829 
www.recordpress.com 
EFTA00231540

To be Argued By: 
JAY P. LEFKOWITZ 
New York County Clerk's Index No. 30129/2010 
Xeftr larrrit $upratte Txxurt 
APPELLATE DIVISION—FIRST DEPARTMENT 
PEOPLE OF THE STATE OF NEW YORK, 
—against—
JEFFREY E. EPSTEIN, 
Respondent, 
Defendant-Appellant. 
BRIEF FOR DEFENDANT-APPELLANT 
JAY P. LEFKOWITZ 
SANDRA 
MUSUMECI 
KritnANn & Fans LLP 
601 Lexington Avenue 
New York New York 10022 
'[email protected] 
Attorneys for Defendant-Appellant 
REPRODUCED ON RECYCLED PAPER 
• 
EFTA00231541

TABLE OF CONTENTS 
PRELIMINARY STATEMENT 
1 
QUESTIONS PRESENTED 
2 
STATEMENT OF FACTS 
3 
I. 
The Underlying Offense 
4 
II. 
Sex Offender Registration 
6 
III. 
The Board's Recommendation 
7 
IV. 
Pre-Hearing Investigation By the District Attorney 
11 
V. 
SORA Hearing 
12 
ARGUMENT 
16 
I. 
THE COURT'S LEVEL 3 DETERMINATION IS NOT 
SUPPORTED BY CLEAR AND CONVINCING EVIDENCE AS 
REQUIRED BY SORA AND AS A MATTER OF FEDERAL 
CONSTITUTIONAL LAW 
17 
A. 
The People's Investigation Revealed That The Board's 
Recommendation Could Not Be Proven By Clear and 
Convincing Evidence. 
20 
B. 
The Court Improperly Relied on the Board's Recommendation 
Where the Facts Cited Therein Were Disputed and No Further 
Evidence Was Presented. 
25 
C. 
Determining Appellant To Be a Level 3 Offender Based on 
Factors That Were Not Proven by Clear and Convincing 
Evidence Violated Appellant's Federal Due Process Rights. 
32 
IL 
THE COURT BASED ITS LEVEL 3 DETERMINATION UPON 
IMPROPER CONSIDERATIONS. 
36 
A. 
The Court Improperly Assessed Points Against Appellant for 
Conduct That Is Not Scoreable Under SORA. 
36 
i 
EFTA00231542

B. 
The Court Improperly Allowed Personal Feelings and Matters 
Outside the Record to Influence Its SORA Determination 
38 
III. THE COURT'S ORDER DOES NOT COMPLY WITH THE 
MANDATES OF SORA AND CONSTITUTIONAL DUE 
PROCESS AND MUST BE VACATED. 
45 
CONCLUSION 
49 
EFTA00231543

TABLE OF AUTHORITIES 
Cases 
Doe v. Pataki, 
3 F. Supp. 2d 456 (S.D.N.Y. 1998) 
32, 33, 35, 36 
E.B. v. Verniero, 
119 F.3d 1077 (3d Cir. 1997), 
cert. denied, 522 U.S. 1109 (1998) 
34, 35 
Fresh Del Monte Produce N.V. v. Eastbrook Caribe, 
40 A.D.3d 415 (1st Dep't 2007) 
43 
Goldberg v. Kelly, 
397 U.S. 254 (1970) 
48 
Matthews v. Eldridge, 
424 U.S. 319 (1976) 
32 
New York State Bd. of Sex Exam'rs v. Ransom, 
249 A.D.2d 891 (4th Dep't 1998) 
18 
People v: Arotin, 
19 A.D.3d 845 (3d Dep't 2005) 
24 
People v. Boncic, 
15 Misc. 3d 1139(A), 841 N.Y.S.2d 281 (Sup. Ct. N.Y. Cty. 2007) 
31 
People v. Brooks, 
308 A.D.2d 99 (2d Dep't 2003) 
People v. Coffey, 
45 A.D.3d 658 (2d Dep't 2007) 
24 
People v. Curthoys, 
77 A.D.3d 
 
27
People v. David W., 
95 N.Y.2d 130 (2000) 
32 
iii 
EFTA00231544

People v. Dominie, 
42 A.D.3d 589 (3d Dep't 2007) 
19 
People v. Donk, 
39 A.D.3d 1268 (4th Dep't 200'7) 
31 
People v. Ferguson, 
53 A.D.3d 571 (2d Dep't 2008) 
39 
People v. Gilbert, 
78 A.D.3d 1584 (4th Dep't 2010) 
47 
People v. Jimenez, 
178 Misc. 2d 319, 679 N.Y.S.2d 510 (Sup. Ct. Kings Cty. 1998) 
18 
People v. Johnson, 
11 N.Y.3d 416 (2008) 
18 
People v. Jordan, 
31 A.D.3d 1196 (4th Dep't 2006) 
39 
People v. Judson, 
50 A.D.3d 1242 (3d Dep't 2008) 
27 
People v. Mabee, 
69 A.D.3d 820 (2d Dep't 2010) 
97
People v. Mingo, 
12 N.Y.3d 563 (2009) 
People v. Miranda, 
24 A.D.3d 909 (3d Dep't 2005) 
47 
People v. Rampino, 
55 A.D.3d 348 (1st Dep't 2008) 
43 
People v.-Redcross, 
54 A.D.3d 1116 (3d Dep't 2008) 
31 
People v. Sherard, 
73 A.D.3d 537 (1st Dep't 2010) 
43 
iv 
EFTA00231545