EFTA01077162

A77 
Letter from Jay P. Lefkow itz to Hon. Ruth Pickholz Requesting a Continuance of the Hearing, 
dated September 9, 2010 
09/OT/2010 09:55 FAX 
la 002/002 
KIRKLAND & ELLIS LLP 
AnD AIDUATID PARTNERSHIPS 
601 Lexington Avenue 
Now York. New York 10022 
Jay P. lelltowttt. P.C. 
To Call Wrter °Oder 
(212)446-4000 
F wand. 
(212) 446-4970 
(212)446-4300 
[email protected] 
vetnviCreland corn 
September 7, 2010 
EY FACSIMILE 
The Honorable Ruth Pickholz 
New York County Supreme Court 
Part 66 
III Centre Street 
New York, NY 10013 
Re: 
SC1D No. 30129-2010 
Dear Justice Pickholz: 
I am writing regarding the hearing for Mr. Jeffrey Epstein in the above-referenced matter, 
which is currently scheduled for 9:30.1.m. on Wednesday, September 15, 2010. 
We respectfully request a continuance of the hearing. Kirkland & Ellis was only recently 
retained by Mr. Epstein to represent him in this matter and due to the holidays this week and 
because the matter arises out of Florida, we will need some time in order to collect information 
to prepare for the hearing. 
We are available on or after October 4, 2010 for a hearing on this matter if that would be 
acceptable to the Court. We are available to discuss at the Court's convenience. 
Respe fully submitted, 
Lefkowitz., P.C. 
Chicago 
Hong Kong 
Union 
la AMISS 
Munich 
Palo Alto 
San Francisco 
Shanghai 
Wallington, O.C. 
EFTA01077242

A78 
Letter from Supreme Court to Sex Offender Registry Unit Enclosing Final Determinations. 
dated January 19, 2011 
Ipp. A78-A791 
Supremo Cour} 
of Illy 
Slate n( INitto Itork 
IRO CENTRE STREET 
WV/ VOW N Y IOMJ 
January 19, 2011 
Sex Offender Registry Unit 
NYS Division of Criminal Justice Services 
4 Tower Place 
Albany, NY 12203 
Dear Sir/Madam: 
Enclosed please find the Final Determinations on the following cases; 
Name 
Jeffrey Epstein 
End. 
cc: Mr. Jeffrey Epstein 
9 East 71st Street 
New York, NY 10021 
Ind.* 
Risk Level 
30129-2010 
Three (3) 
Respectfully yours, 
F. Halwick, SCC 
Correspondence Unit 
Supreme Court, Criminal Term 
EFTA01077243

A79 
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EFTA01077244

A80 
Court Action Sheet - Jeffrey Epstein, No. 30129-2010 
COUNTY OF 
 
PEOPLE VS 
 
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DATE OF BIRTH 
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IRKLAND & ELLIS LLP 
/UNWED 4410141.61nr5 
JAY P. LEFKOWITZ, P.C. 
601 Lei002100 ATOMS • New Yo(4, New Yak mon 
Tel (212) 4464970•  Fax (212) 4464400
lay141kamueldrklanetcan
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RECOGNIZANCE 
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ARTICLE 730 EXAMINATION 
ORDERED 
20 
JUSTICE 
COURT CLERK 
COURT REPORTER 
SUBSEQUENT ACTION RE RECOGNIZANCE 
PART 
20 
JUSTICE 
ADA PRESENT 
COUNSEL PRESENT 
COURT REPORTER 
COURT CLERK 
PART 
20 
ORDERED 
20 
JUSTICE 
COURT CLERK 
COURT REPORTER 
COMMITTED TO COMMISSIONER OF MENTAL HYGIENE: 
JUSTICE 
ADA PRESENT 
COUNSEL PRESENT 
EFTA01077245

A81 
Handwritten Notations on Court Jacket - Jeffrey Epstein, No. 30129-2010 
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EFTA01077246

A82 
Transcript of SORA Hearing, dated January 18, 2011 
ipp. A82-A961 
SORA HEARING 
1 SUPREME COURT 
NEW YORK COUNTY 
2  
TRIAL TERM 
PART 66 
x 
THE PEOPLE OF THE STATE OF NEW YORK: INDICTMENT # 
3 
: 30129/2010 
4 
5 
AGAINST 
6 
JEFFREY EPSTEIN 
Defendant. 
x SORA HEARING 
7 
8 
111 Centre Street 
New York, New York 10013 
9 
January 18, 2011 
10 BEFORE: 
11 
12 
HONORABLE RUTH PICKHOLZ 
Justice of the Supreme Court 
13 
14 APPEARANCES: 
15 
16 
For the People: 
CYRUS R. VANCE, JR., ESQ., 
New York County District Attorney 
17 
One Hogan Place 
New York, New York 10013 
18 
BY: JENNIFER GAFFNEY, ESQ. 
Assistant District Attorney 
19 
For the Defense: 
KIRKLAND & ELLI, LLP 
20 
153 East 53rd Street 
21 
New York, New York 10022 
BY: JAY LEFKOWITZ, ESQ. 
22 
SANDRA MUSUMECI, ESQ. 
23 
24 
Vikki J. Benkel 
Senior Court Reporter 
25 
Vikki J. Benkel 
Senior Court Reporter 
page 
EFTA01077247

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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 Lefkowdtz 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 Coon Reporter 
EFTA01077248

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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 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 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 Court Reporter 
EFTA01077249

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SORA HEARING 
page 4 
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 Coon Reporter 
EFTA01077250

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SORA HEARING 
page 5 
were indicted. So I don't know. 
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 
EFTA01077251

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SORA HEARING 
page 6 
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. 
Vikki .1. Benkel 
Senior Court Reporter 
EFTA01077252

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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 
Vikki J. Benkel 
Senior Court Reporter 
EFTA01077253

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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 wents 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. Benkei 
Senior Court Reporter 
EFTA01077254

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SORA HEARING 
page 9 
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 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. 
Vikki Benkel 
Sento, Court Reporter 
EFTA01077255

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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: Haw old was she? 
Vikki J. Henkel 
Senior Court Reporter 
EFTA01077256

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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: HON 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 NOS 17 on the one occasion she had 
Vikki J. Benkel 
Senior Court Reporter 
EFTA01077257

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SORA HEARING 
page 12 
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 
right to appeal Your Honor's ruling. 
THE COURT: Of course, do so. 
MS. GAFFNEY: For the record, Your Honor, he is 
Vikki J. Benkel 
Senior Coen Reporter 
EFTA01077258

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SCRAHEARYNG 
page 13 
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. 
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 
Senior Court Reporter 
EFTA01077259

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SORA HEARING 
page 14 
Recency of prior offense less than three years, 
they gave him zero. 
Drug or alcohol abuse history, they gave 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. LEFKO4ITZ: If I could be heard for one 
moment. 
It appears that the state board made its 
determination based on access to a police report in Florida. 
The prosecutor, the lead prosecutor, the lead sex 
crimes prosecutor 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 new 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 
Vikki J. Benkel 
Senior Court Reporter 
EFTA01077260

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SORA HEARING 
page 15 
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. 
I, Vikki J. Benkel, a Senior Court Reporter in and for 
the State of New York, do hereby certify that the foregoing 
transcript is true and accur to to the best of my knowledge, 
skill and ability. 
/ 
Vikki J. Benkel 
Vikki J. Benkel 
Senior Court Reporter 
EFTA01077261