EFTA00799605

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of 176 
Case 9:08-cv-80804-KAM 
Do ment 1 
Entered on FLSD Docket 07/21/2008 
Page 90 of 100 
nsor & Associates 
Ftoponitp and Transcription. Inc. 
SO of 316 
Page 64 
1 
MR. TEIN: That's a coaching. 
2 
MR. LEOPOLD: No. That's an instruction to 
3 
the client. 
4 
MR. TEIN: No. You don't do that. 
5 
THE WITNESS: Can you repeat the question? 
6 
MR. LEOPOLD: Let me just state for the 
7 
record --
8 
BY MR. TEIN: 
9 
Q. 
Once the police -- isn't it true that 
10 
Mr. Epstein's process servers had to ask the police to 
11 
get you out of the restaurant so that they could serve 
12 
you? 
13 
A. 
Incorrect. My boss called the police. 
14 
Q. 
And once the police showed up, to stop you 
15 
from lying to avoid service, you made up another lie that 
16 
the process servers had harassed you. Isn't that 
17 
correct? 
18 
A. 
Incorrect. 
19 
Q. 
You lie all the time, don't you? 
20 
MR. LEOPOLD: Objection. 
21 
THE WITNESS: Incorrect. 
22 
BY MR. TEIN: 
23 
Q. 
You have a MySpace page, don't you? 
24 
A. 
No longer do I have a MySpace page. I 
25 
deleted it. 
• 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 
08-80736-CV-MARRA 
001296 
EFTA00799725

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Case 9:08-cv-80804-KAM 
D 
merit 1 
Entered on FLSD Docket 07/21/2008 
Page 91 of 100 
l ii
i nsor & Associates 
Ropaning and Transcliptice, km. 
Page 65 
1 
Q. 
When did you delete your MySpace page? 
2 
A. 
A couple days ago. 
3 
Q. 
Who told you to take your MySpace page down 
4 
a couple of days ago? 
5 
A. 
Nobody. I'm sick and tired of MySpace. 
6 
Q. 
You all of a sudden got sick and tired of 
7 
MySpace and just a few days before this deposition you 
8 
decided to delete your MySpace page, correct? 
9 
A. 
Correct. 
10 
Q. 
Is that your testimony under oath? 
11 
A. 
Yes. 
12 
Q. 
Did you take your MySpace page down because 
13 
you thought the government might subpoena it? 
14 
A. 
Incorrect. 
15 
Q. 
Hadn't your MySpace page been up for over 
16 
three months before you took it down? 
17 
A. 
Correct. But I also had made tons of 
I8 
MySpaces over the last years. I just get tired of them 
19 
and delete them because -- drama -- and make new ones. 
20 
Q. 
We're going to talk about that. 
21 
So you deleted your MySpace page after you 
22 
were already under subpoena for this deposition, correct? 
23 
A. 
Correct. 
24 
Q. 
What about the MySpace page didn't you want 
25 
us to see, us 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 
II of 310 
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001297 
EFTA00799726

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92 01711 
9 
10 
11 
you? 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
right? 
22 
23 
24 
25 
Case 9:08-cv-80804-KAM 
Document 1 
Entered on FLSD Docket 07/21/2008 
Page 92 of 100 
sor & Associates 
iteportinkaad Transcrip:Ion. Inc. 
Page 66 
1 
A. 
Nothing. 
2 
Q. 
Well, we're going to come back to MySpace 
3 
in a second. 
4 
A. 
You do that. 
5 
Q. 
going to ask you some questions 
6 
abaft why you lie about your age so often, okay? 
7 
MR. LEOPOLD: Objection to the form. 
8 
Argumentative. 
BY MR. TEIN: 
Q. 
You lie about your age all the time, don't 
MR. LEOPOLD: Objection, argumentative. 
THE WITNESS: Incorrect. 
BY MR. TEIN: 
Q. 
You lie about your age to get body 
piercings, don't you? 
A. 
Incorrect. 
Q. 
You have body piercings, don't you? 
A. 
Yes. 
Q. 
You have four body piercings; isn't that 
A. 
Five. 
Q• 
Other than the piercings on your ears 
I'm not talking about that --
A. 
Oh, then no; just one. 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 
08-80736-CV-MARRA 
001298 
EFTA00799727

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DQCyment 1 
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Page 93 of 100 
nsor & Associates 
Jur/toning aad leascrialesOric. 
Page 67 
Q. 
And where is the one body piercing? 
2 
A. 
Belly. 
3 
Q. 
When did you get that? 
4 
A. 
For my birthday, with my stepmother and my 
5 
father. 
6 
Q. 
And when was that? 
7 
A. 
When I was 14. 
8 
Q. 
Okay. So you had that body piercing when 
9 
you met Epstein, correct? 
10 
A. 
It might have been, or maybe that -- yeah, 
11 
either my 14th birthday or my 15th. I honestly don't 
12 
remember. 
13 
Q. 
Now you've lied about your age to get into 
14 
bars by using driver's licenses that aren't yours, 
15 
correct? 
16 
A. 
Incorrect. 
17 
Q. 
Are you swearing under oath that you've 
18 
never done that? 
19 
A. 
Yes, I swear under oath. 
20 
Q. 
And you've lied about your age to buy beer, 
21 
correct? 
22 
A. 
Incorrect. 
23 
0. 
You're swearing under oath that you've 
24 
never lied to stores about your age? 
25 
A. 
I've never lied to a store about my age or 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Pan Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 
93 of 316 
08-80736-CV-MARRA 
001299 
EFTA00799728

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D 
ment 1 
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Page 94 of 100 
. 
sor & Associates 
RoptinunE and Tcomscriptico, Inc. 
Page 68 
1 
anything. 
2 
O. 
You try to look much older than you are, 
3 
don't you? 
4 
A. 
Incorrect. 
5 
6 
8 
Q• 
And you've lied about your age on your 
MySpace pages, don't you? 
A. 
Incorrect. 
Q. 
All right. Let's look at Exhibit 26-01 
9 
one. 
10 
MS. BELOHLAVEK: 26-001? 
11 
MR. TEIN: Yes. 
12 
BY MR. TEIN: 
13 
Q.. 
On this page you lied to everyone that you 
14 
were 1B, didn't you? 
15 
A. 
Correct. 
16 
Q. 
Let's go to Exhibit 33. 
17 
MS. BELOHLAVEK: That's 33-001? 
28 
TEIN: Correct. 
19 
BY MR. TEIN: 
20 
Q. 
On this page you lied to everyone that you 
21 
were 19, didn't you? 
22 
A. 
Incorrect. 
23 
MR. LEOPOLD: Just answer the question. 
24 
THE WITNESS: Oh, incorrect. 
25 
BY MR. TEIN: 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 
08-80736-CV-MARRA 
001300 
EFTA00799729

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Case 9:08-cv-80804-KAM 
D ument 1 
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Page 95 of 100 
nsor & Associates 
Ho jinni'', and TranseFlptural, Inc. 
Page 69 
1 
Q. 
Now you can explain your answer. 
2 
A. 
I know that I have seen all of these and I 
3 
know that this one is mine. 
4 
Can you go down? 
5 
MR. LEOPOLD: Just for the record, you're 
6 
pointing to the photo. 
7 
THE WITNESS: I'm pointing to --
8 
BY MR. TEIN: 
9 
Q. 
You're pointing to the one where it says 
10 
your age is 18? 
11 
A. 
Correct. 
12 
Q. 
That's yours, right? 
13 
A. 
Correct. That's mine from a couple years 
14 
ago that I have not been on, because I don't use that. 
15 
Please keep going down, please. And I think that's it, 
16 
because there's no one -- just that one is mine. 
17 
Q. 
So the one you pointed to where it says 
18 
your age is 18, that's yours, correct? 
19 
A. 
Correct. 
L0 
Q. 
And when you wrote 18 as your age on your 
21 
MySpace page, that was a lie, wasn't it? 
22 
A. 
Correct. 
95 ol 316 
23 
Q. 
Did you lie about your MySpace page back 
24 
then because you couldn't post on MySpace unless you were 
25 
18? 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Palm Beach Lakes Blvd., Sulte 500 - West Palm Beach, FL 33401 
08-80736-CV-MARRA 
001301 
EFTA00799730

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NorMs 
Case 9:08-cv-80804-KAM 
D 
ment 1 
Entered on FLSD Docket 07/21/2008 
Page 96 of 100 
nsor & Associates 
Hoponiftsand Traractipuon, 
Page 70 
1 
A. 
Correct. There was a rule many years ago 
2 
that you had to be 18 to have a MySpace. 
3 
Q. 
So you lied about your age so you could 
4 
post on MySpace, right? 
5 
A. 
Yes. 
6 
Q. 
Let's go back to the top one on this page, 
7 
33-01. 
8 
Are you testifying now under oath that this 
9 
MySpace page where the headline says, "Twins do have more 
10 
fun," and the location is given as Lox, abbreviation for 
11 
Loxahatchee, and the age is 19, and it says 
12 
it your testimony that you did not post 
13 
that? 
14 
A. 
Correct. 
15 
Q. 
Now let's go back to the one that you were 
16 
pointing to before on this page, where it says your age 
17 
is 18 and you lied about your age to post MySpace, okay? 
18 
A. 
Uh-huh, yes. 
19 
Q. 
All right. Why did you finally put your 
20 
true age on your MySpace profile four days before you 
21 
were scheduled to testify before the Grand Jury? 
22 
A. 
I don't know what you're talking about. 
23 
MR. LEOPOLD: If you don't understand, ask 
24 
him to ask the question again. 
25 
MR. TEIN: Don't coach. 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Palm Beach Lakes Blvd., Sulte 500 - West Palm Beach, FL 33401 
08-80736-CV-MARRA 
001302 
EFTA00799731

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Dg
rpent 1 
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Page 97 of 100 
nsor & Associates 
its:proms and Trawactiplicm, loc. 
Page 71 
1 
THE WITNESS: I don't know which MySpace 
2 
you're talking about. 
3 
BY MR. TEIN: 
4 
Q. 
The MySpace page that you're just pointing 
5 
to, where it says you were 18. 
6 
A. 
Yes. 
7 
Q. 
And you were lying about your age, right? 
A. 
Dh-huh. 
9 
Q. 
Why did you finally post your true age on 
10 
your MySpace profile --
11 
A. 
Uh --
12 
Q. 
-- four days before you were scheduled to 
13 
testify before the Grand Jury? 
14 
A. 
I honestly don't know which MySpace, 
15 
because I've had like a bazillion MySpaces, and in that 
16 
year, I had two, that one and another one, and that one's 
17 
been deleted. So I don't know which one you're referring 
18 
to. 
19 
Q. 
You remember that you changed your age on 
20 
your MySpace page from 18 to your true age just four days 
21 
before you went and testified in the Grand Jury? 
22 
A. 
No. 
23 
Q. 
You don't remember that. 
24 
A. 
No. 
25 
Q. 
Do you remember Detective Recarey? Did you 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 
sf of 31S 
08-80736-CV-MARRA 
001303 
EFTA00799732

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D u ent 1 
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Page 98 of 100 
m
o
nsor & Associates 
Rept-winsAnd Transceiption. inc. 
1. 
2 
ever meet a Detective Recatey? 
A. 
I don't know the names. 
Page 72 
3 
Q. 
How many different detectives have you met 
4 
with on this case from Palm Beach? 
5 
A. 
Probably a good six or seven, maybe. 
6 
Q. 
Did one of the detectives tell you before 
7 
you testified in the Grand Jury that you should take your 
8 
MySpace age and put your true age? 
9 
A. 
No. 
10 
Q. 
Didn't Detective Recarey have to come to 
I1 
your house to pick you up to get you to testify in front 
12 
of the Grand Jury? 
13 
A. 
Possibly; maybe because I didn't have a 
14 
ride; I was only 14 or 15 at the time. 
15 
Q. 
Your mom didn't drive you? 
16 
A. 
No. 
17 
Q. 
Stepmom didn't drive you? 
18 
A. 
I think my dad. Oh, my dad; my dad drove 
19 
me. 
20 
Q. 
Your dad drove you? 
21 
A. 
Yes, sir. 
22 
Q. 
So your testimony is Detective Recarey did 
23 
not drive you, correct? 
24 
MR. LEOPOLD: Objection. /asked and 
25 
answered. 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 
ot3i0 
08-80736-CV-MARRA 
001304 
EFTA00799733

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DgFyrnent 1 
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Page 99 of 100 
nsor & Associates 
Itopnoing and Tranictiptinn. inc. 
Page 73 
1 
THE WITNESS: No. I'm pretty sure my dad 
2 
drove me, because he was there with me. 
3 
BY MR. TEIN: 
4 
Q. 
Did any detective tell you to change your 
5 
age on your MySpace page, to put your true age? 
6 
A. 
No, sir. 
7 
Q. 
Now you also lied on your MySpace page 
8 
about your income, didn't you? 
9 
A. 
Yes. 
10 
Q. 
And you lied, saying that you made a 
11 
quarter million dollars a year and higher, correct? 
12 
A. 
As a joke, yes. 
13 
Q. 
That was a lie, wasn't it? 
14 
A. 
Yes. 
15 
Q. 
And you also lied on your MySpace page, 
16 
saying that you were married, didn't you? 
17 
A. 
Possibly. And that might have been an 
38 
error on my part. 
19 
Q. 
Now you also lie to the police, don't you? 
20 
A. 
No. 
21 
Q. 
Well, you lied to the police in your 
22 
tape-recorded statement that you gave to Detective 
23 
Pagan three years ago, didn't you? 
24 
A. 
To my knowledge, no, I did not. 
25 
Q. 
Well, you lied to the police when you 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 
19 c4 316 
08-80736-CV-MARRA 
001305 
EFTA00799734

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Case 9:08-cv-80804-KAM 
D 
ent 1 
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Page 100 of 100 
o
n
sor & Associates 
Repro:IQ. and Triescri piton lbc. 
• 
Page 74 
1 
accused Mr. Epstein of attempting to murder your father, 
2 
didn't you? 
3 
A. 
No. I never heard a statement saying that 
4 
Mr. Epstein tried to murder my father. 
5 
Q. 
You made that statement, didn't you? 
6 
MR. LEOPOLD: Do you have a statement to 
7 
show her? That's been asked and answered. 
8 
MR. TEIN: I'm sorry. I didn't hear the 
9 
witness' answer, Mr. Leopold. 
10 
BY MR. TEIN: 
11 
O. Vari 
you told the police, didn't you, 
12 
that Mr. Epstein almost killed your father, didn't you? 
13 
A. 
No. 
14 
Q. 
Three years ago, before Mr. Epstein even 
15 
knew about this investigation, you told the police that 
16 
Epstein had "already come to my dad's house and did 
17 
something to my dad's tires and my dad almost died. I 
18 
didn't want my dad to get hurt, because Jeff already 
?9 
almost killed him." 
20 
Didn't you say that? 
21 
A. 
Not to my knowledge or recollection. I 
22 
have never said anything like that. 
23 
Q. 
That would have been a complete lie, 
24 
wouLdn't it have been? 
25 
A. 
Yeah. 
Ph. 561.682.0905 - Fax. 561.682.1771 
1655 Palm Beach Lakes Blvd., Sulte 500 - West Palm Beach, FL 33401 
100 01314 
08-80736-CV-MARRA 
001306 
EFTA00799735

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of 176 
Exhibit 10 
EFTA00799736

Case 9:08-cv-80736-KAM Document 403-19 Entered on FLSD Docket 06/02/2017 Page 133 
of 176 
Case 9:08-cv 80119-KAM 
Document 180 
Entered on FLSD Docket 06/24/2009 
Page 1 of 51 
1 
2 
3 
4 
5 
6 
7 
8 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
WEST PALM BEACH DIVISION 
CASE NO. 0B-80119-CIV-MARRA 
JANE DOE, et al., 
Plaintiffs, 
vs. 
JEFFREY EPSTEIN, 
Defendant. 
WEST PALM BEACH, FLORIDA 
JUNE 12, 2009 
9  
10 
TRANSCRIPT OF MOTION HEARING 
11 
BEFORE THE HONORABLE KENNETH A. MARRA, 
UNITED STATES DISTRICT JUDGE 
12 
APPEARANCES: 
13 
FOR THE PLAINTIFFS: 
ADAM D. HOROWITZ, ESQ. 
14 
Mermelstein & Horowitz 
18205 Biscayne Boulevard 
15 
Miami, FL 33160 
305.931.2200 
For Jane Doe 
16 
BRADLEY J. EDWARDS, ESQ. 
17 
Rothstein Rosenfeldt Adler 
401 East Las Olas Boulevard 
18 
Fort Lauderdale, FL 33301 
Jane Doe 3, 4, 5, 6, 7 
19 
954.522.3456 
20 
ISIDRO M. GARCIA, ESQ. 
Garcia Elkins Boehringer 
21 
224 Datura Avenue 
West Palm Beach. FL  13 
22 
Jane DOE II 
561.832.8033 
23 
RICHARD H. WILLITS, ESQ. 
2290 10th Avenue North 
2411 
Lake Worth, FL 33461 
For C.M.A. 
561.582.7600 
25 
! GOVERNMENT 
EXHIBIT 
/o
TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 
08-80736-CV-MARRA 
001810 
EFTA00799737

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Page 2 of 51 
2 
1 
ROBERT C. JOSEFSBERG, ESQ. 
2 
Podhurst Orseck Josefsberg 
25 West Flagler Street 
3 
Miami, FL 33130 
For Jane Doe 101 
305.358.2800 
4 
(Via telephone) 
5 
KATHERINE W. EZELL, ESQ. 
Podhurst Orseck Josefsberg 
6 
25 West Flagler Street 
Miami, FL 33130 
7 
For Jane Doe 101 
305.358.2800 
8 FOR THE DEFENDANT: 
ROBERT D. CRITTON, JR., ESQ. 
MICHAEL BURMAN, ESQ. 
9 
Burman Critton, etc. 
515 North Flagler Street 
10 
West Palm Beach, FL 33401 
561.842.2820 
11 
JACK A. GOLDBERGER, ESQ. 
12 
Atterbury Goldberger Weiss 
250 Australian Avenue South 
13 
West Palm Beach, FL 33401 
561.659.8300 
14 
As At-ircas 
cwc 
VILLAFANA, ESQ. 
15 
Assistant U.S. Attorney 
500 East Broward Boulevard 
16 
Fort Lauderdale, FL 33394 
For U.S.A. 
954.356.7255 
17 
MARTIN G. WEINBERG, ESQ. 
18 
20 Park Plaza 
Boston MA 02116 
19 
(Via telephone) 
617.227.3700 
20 
JAY LEFKOWITZ, ESQ. 
(Via telephone) 
21 
REPORTED BY: 
LARRY HERR L RPR-RMR-FCRR-AE 
22 
official United States Court Reporter 
Federally Certified Realtime Reporter 
23 
400 North Miami Avenue, Room 8N09 
Miami, FL 33128 
305.523.5290 
24 
25 
TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 
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001811 
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Page 3 of 51 
3 
1 
THE COURT: We are here in the various Doe vs. Epstein 
2 cases. 
3 
May I have counsel state their appearances? 
4 
MR. HOROWITZ: Adam Horowitz, counsel for plaintiffs 
5 Jane 2 through Jane Doe 7. 
6 
THE COURT: Good morning. 
7 
MR. EDWARDS: Brad Edwards, counsel for plaintiff Jane 
8 Doe. 
9 
THE COURT: Good morning. 
10 
MR. GARCIA: Good morning, Your Honor. Sid Garcia for 
11 Jane Doe II. 
12 
THE COURT: Good morning. 
13 
MR. WILLITS: Good morning, Your Honor. Richard 
14 Willits, here on behalf of the plaintiff C.M.A.. 
15 
THE COURT: Good morning. 
16 
MS. EZELL: Good morning, Your Honor. I'm Katherine 
17 Ezell from Podhurst Orseck, here with Amy Adderly and Susan 
18 Bennett, and I believe my partner, Bob Josefsberg, is going to 
19 appear by telephone. 
20 
THE COURT: Mr. Josefsberg, are you there? 
21 
MR. JOSEFSBERG: I am, Your Honor. 
THE COURT. 
-GUud muLui-ny. 
23 
MR. JOSEFSBERG: Good morning. 
24 
THE COURT: All right. Do we have all the plaintiffs 
25 stated their appearances? 
Okay. 
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Page 4 of 51 4 
1 
Defense? 
2 
MR. CRITTON: Your Honor, Robert Critton on behalf of 
3 Mr. Epstein, and my partner, Michael Burman. 
4 
THE COURT: Good morning. 
5 
MR. GOLDBERGER: Good morning, Your Honor. Jack 
6 Goldberger on behalf of Mr. Epstein. 
7 
THE COURT: I see we have some representatives from 
8 the United States Attorney's Office here. 
9 
MS. VILLAFANA: Good morning, Your Honor. 
10 Villafana for the U.S. Attorney's office. 
11 
THE COURT: Good morning. 
12 
Who else do we have on the phone? 
13 
MR. CRITTON: Your Honor, we have two members of the 
14 defense team are on the phone, also. 
15 
THE COURT: Who do we have on the phone? 
16 
MR. WEINBERG: Martin Weinberg. Good morning, Your 
17 Honor. 
18 
MR. LEFKOWITZ: Jay Lefkowitz. Good morning, Your 
19 Honor. 
20 
THE COURT: Good morning. 
21 
I scheduled this hearing for very limited issues 
wnich, as you all xnow, chete•s been a m Cion by Mr. Epstein 
23 stay the civil proceedings against him. The one issue I have 
24 concern about is Mr. Epstein's contention or assertion that by 
25 defending against the allegations in the civil proceedings, he 
TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 
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EFTA00799740

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Case 9:08-cv 80119-KAM 
Document 180 
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1 may expose himself to an allegation by the United States in the 
2 non-prosecution agreement that he's violated that agreement and 
3 therefore would subject himself to potential federal charges. 
4 
I had asked for some briefing on this. I asked the 
5 United States to present its position to me. And I received 
6 the Government's written response, which I frankly didn't find 
7 very helpful. And I still am not sure I understand what the 
8 Government's position is on it. 
9 
So first let me hear from Mr. Epstein's attorneys as 
10 to what do you believe the concern is. I don't believe the 
11 non-prosecution agreement has ever been filed in this Court; am 
12 I correct? 
13 
MR. CRITTON: To my knowledge, Your Honor, it has not. 
14 
THE COURT: So I don't believe I've ever seen the 
15 entire agreement. I've seen portions of it. 
16 
MR. EDWARDS: Your Honor, I believe that it was filed 
17 under Jane Doe 1 and 2 vs. United States of America, case under 
18 seal in your court. 
19 
THE COURT: Okay. 
20 
MR. EDWARDS: In a separate case. 
21 
THE COURT: In that case, okay. Was it actually filed 
in -Mt case( 
23 
MR. EDWARDS: I filed it under seal. 
24 
THE COURT: In any event, what's Mr. Epstein's concern 
25 about if you defend the civil actions, you're going to expose 
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1 yourself to a claim for a breach by the United States of the 
2 non-prosecution agreement? 
3 
MR. CRITTON: Robert Critton. 
4 
Your Honor, our position on this case is, I'd say is 
5 somewhat different. When this issue originally came before the 
6 Court, as you are aware prior to my firm's involvement in the 
7 case, there was a motion filed on behalf of Mr. Epstein seeking 
8 a stay. And I think it was in Jane Doe 102 and then 
9 subsequently Jane Doe 2 through 5 because all of those cases 
10 were filed on or about the same time. 
11 
And at that time the Court looked at the issue and it 
12 was based upon a statutory provision at that time. And the 
13 Court said I don't find that it's applicable, or for whatever 
14 reason I think the Court said I don't consider that to be a 
15 pending proceeding or a proceeding at that particular time. 
16 
In that same order, which was in Jane Doe 2, I 
17 believe it's -- not I believe, I know it's docket entry 33, the 
18 Court also went on to talk about at that particular point in 
19 time dealt with the issue of the discretionary stay. 
20 
And the Court said at that time, I'm paraphrasing, but 
21 the Court also does not believe a discretionary stay is 
tett.---parcrwtrat—tinot 
t went --oTrTo -s-ay IS 
23 defendant does not breach the agreement, then he should have no 
24 concerns regarding his Fifth Amendment right against 
25 self-incrimination. 
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1 
2 
3 
4 
S 
6 
7 
8 
The fact that the U.S. Attorney or other law 
enforcement officials may object to some discovery in these 
civil cases is not in and of itself a reason to stay the civil 
litigation, so that any such issue shall be resolved as they 
arise in the course of the litigation. 
And I would respectfully submit to the Court that the 
position that the Government has taken in its most recent 
filings changes the playing field dramatically. Because what 
9 the Government in essence has said as distinct from the U.S. 
10 saying is, well, we object to some discovery, or we may object 
11 to some discovery in the civil cases. 
12 
what they have, in essence, said is if you take some 
13 action, Mr. Epstein, that we believe unilaterally, and this is 
14 on pages 13 and 14 of their pleading or of their response memo 
15 to the Court's inquiry, they say if Mr. Epstein breaches the 
16 agreement. They said it's basically like a contract, and if 
17 one side breaches, the other side can sue. 
18 
In this instance what the Government will do is if we 
19 believe that Mr. Epstein has breached the agreement, we'll 
20 indict him. We will indict him. And his remedy under that 
21 circumstance, which is an incredible and catastrophic catch 22 
22 
s, we 
tct—him and then fte—Can move to dismiss. 
at. s a 
23 great option. 
24 
In this particular instance my mandate in defending --
25 and that's a dramatic change in the Government's position, 
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1 because the Government is not saying, and the Court was pretty 
2 specific in what you asked the Government for in its response 
3 is, in essence, and it's the same question in a more limited 
4 fashion you're posing today is whether Mr. Epstein's defense of 
5 the civil action violates the NPA agreement, the 
6 non-prosecution agreement, between the U.S. and Mr. Epstein. 
7 
And the Government refuses to answer that question. 
8 They won't come out and say, yes, it will, or no, it won't. 
9 What they're doing is they want to sit on the sideline, and as 
10 their papers suggest is, they want us to lay in wait and that 
11 if, in fact, they believe he violates a provision of the NPA as 
12 it relates to the defense of this case or these multitude of 
13 cases, then they can come in and indict him -- no notice, no 
14 opportunity to cure. 
li
15 
We don't think that's what the NPA says, but that's 
16 certainly what their papers say. We'll indict him, no notice, 
17 no opportunity to cure. We will indict him, and his remedy 
18 under that circumstance is that he can move to dismiss the 
19 indictment. 
20 
Well, that's great except Mr. Epstein, his mandate to 
21 me and I know his mandate to his criminal lawyers, is: Make 
ce-reain's on t. do anyci ny, ILL pattratilst In—these 
23 that would in any way suggest that I am in willful violation of 
24 the NPA. 
25 
Now, in the Court's prior ruling in the docket entry 
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