EFTA02738325

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IN THE CIRCUIT COURT OF THE 
FIFTEENTH JUDICIAL CIRCUIT. 
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IN AND FOR 
STATE OF FLORIDA 
PALM BEACH COUNTY, FLORIDA 
CRIMINAL DIVISION 
) ) vs ) CASE NO. 06 CF9454AMB 
) 08 9381CFAMB 
JEFFREY EPSTEIN 
Defendant. 
) ) ) ) 
PLEA CONFERENCE 
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11 PRESIDING: HONORABLE DEBORAH DALE PUCILLO 
12 APPEARANCES:
13 ON BEHALF OF THE STATE: 
BARRY E. KRISCHER, ESQUIRE 
14 State Attorney 
401 North Dixie Highway 
15 West Palm Beach, Florida 33401 
By: LANNA BELOHLAVEK, ESQUIRE 
16 Assistant State Attorney 
17 ON BEHALF OF THE DEFENDANT: 
ATTERBURY, GOLDBERGER & WEISS,P.A. 
18 250 Australian Avenue South 
Suite 1400 
19 West Palm Beach, Florida 33401 
By: JACK GOLDBERGER, ESQUIRE 
CERTIFIED COPY 20 
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June 30, 2008 
24 Palm Beach County Courthouse 
West Palm Beach, Florida 33401 
25 Beginning at 8:40 o'clock, a.m. 
EXHIBIT*V 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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1 BE IT REMEMBERED that the following 
2 proceedings were had in the above -entitled cause 
3 before the HONORABLE DEBORAH DALE PUCILLO, one of 
4 the judges of the aforesaid court, at the Palm 
5 Beach County Courthouse, located in the City of 
6 West Palm Beach, State of Florida on June 20, 2008 
7 beginning at 8:40 o'clock, a.m. with appearances 
8 as hereinbefore noted, to wit: 
9 THEREUPON: 
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MR. GOLDBERGER: Good morning, Judge, 
Jack Goldberger on behalf of Jeffrey 
Epstein. 
THE COURT: Good morning. 
MR. GOLDBERGER: Your Honor, we are 
here for a plea conference. 
THE COURT: Raise your right hand. 
17 THEREUPON: 
18 JEFFREY EPSTEIN, 
19 after being called as a witness by the Defense and 
20 after being first duly sworn by the Court, was 
21 examined and testified as follows: 
22 THE DEFENDANT: Yes, 
23 THE COURT: Is this one case or two? 
24 MS. BELOHLAVEK: Two. 
25 THE COURT: May I see the PC 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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1 affidavit in both cases, please? 
2 MS. BELOHLAVEK: There are no PC 
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affidavits. There was originally an 
Indictment, the second charge was filed 
arising out of the booking. It was all 
6 testimony presented to the grand jury. 
7 THE COURT: Let me see the Indictment 
8 then? 
9 I have one Indictment, one 
10 Information? 
11 MS. BELOHLAVEK: Correct. 
12 THE COURT: So one case is charged by 
13 Indictment, one is charged by Information? 
14 MS. BELOHLAVEK: Correct. 
• 15 THE COURT: In case [Phone Redacted] you 
16 are charged with procuring a person under 
17 18 for prostitution, a second degree 
18 felony; maximum penalty of fifteen years 
19 Department of Corrections; minimum, some 
20 period of probation. No mandatory minimum 
21 apply, is that correct, State? 
22 MS. BELOHLAVEK: Correct. 
23 THE COURT: And in case number 06 
24 9454CF, you are charged with felony 
25 solicitation to prostitution, a third 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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1 degree felony, punishable by a maximum 
2 penalty of five years in the Department of 
3 Corrections, and a minimum, probation. No 
4 mandatory minimums, correct? 
5 MS. BELOHLAVEK: Correct. 
6 THE COURT: The defendant has no 
7 prior criminal record? 
8 MS. BELOHLAVEK: Correct. 
9 MR. GOLDBERGER: Yes, Your Honor. 
10 THE COURT: You checked the NCIC as 
11 well as State records? 
12 MS. BELOHLAVEK: Yes. 
13 THE COURT: And the guideline score 
14 sheet I have before me shows 21.5 months in 
15 the Department of Corrections as the lowest 
16 permissible prison sentence in months. 
17 Both sides'agree to the preparation of the 
18 guideline score sheet? 
19 MR. GOLDBERGER: We so agree, Your 
20 Honor. 
21 MS. BELOHLAVEK: Yes. 
22 THE COURT: What is proposed -- it 
23 goes on, for pages. 
24 MR. GOLDBERGER: Your Honor, much of• 
25 the documentation is acknowledgement by my 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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1 client to community control, sex offender 
2 status. 
3 THE COURT: I understand. 
4 Okay. What is proposed -- those 
• 5 are the maximums and minimums, Mr. Epstein. 
6 What is proposed is that you will be 
7 pleading guilty to felony solicitation to 
8 prostitution and procuring a person under 
9 18 for prosecution. A PSI would be waived, 
10 you would be adjudicated guilty of both 
11 felonies, is that correct? 
12 MS. BELOHLAVEK: Correct. 
13 THE COURT: And on 06 9454, the 
14 defendant to be sentenced to 12 -months in 
15 the Palm Beach County detention 
16 facility? He's going to do time in the 
17 jail? 
18 MS. BELOHLAVEK: Yes. 
19 THE COURT: With credit for one day 
20 served. And on 08 9381, he is to be 
21 sentenced to six months in the Palm Beach 
22 County jail detention facility, with credit 
23 for one day served. And the six month 
24 sentence is to be served consecutive to the 
25 12 month sentence? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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1 MS. BELOHLAVEK: Correct. 
2 THE COURT: Following the six months 
3 sentence, the defendant will be placed on 
4 12-months of community control one. The 
5 conditions of the community control are 
6 attached hereto and incorporated herein. 
7 As a special condition of 
8 community control, he's to have no 
9 unsupervised contact with minors and the 
10 supervising adult must be approved -- and I 
11 would say, pre -approved, approved ahead of.
12 time, not after the fact by the Department 
13 of Corrections. And you would mean by that 
14 his community control officer? 
15 MS. BELOHLAVEK: Correct. 
16 THE COURT: The defendint is 
17 designated as a sexual offender pursuant to 
18 Florida Statute 943.0435. and must abide by 
19 all the corresponding requirements of the 
20 statute, a copy of which is attacked hereto 
21 and incorporated herein. The defendant 
22 must provide a DNA sample in court at the 
23 time of this plea. Is this the -- and the 
24 attachments are the terms and conditions of 
25 community control. There are some 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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1 squiggles on the bottom of the page, what 
2 would those squiggles be? 
3 MR. GOLDBERGER: Thank you, Your 
4 Honor, those are my client's signature 
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acknowledging that we have gone over all 
the conditions. 
THE COURT: One page after the plea 
sheet that really spells out the terms and 
conditions of community control, Florida 
Statute 948.101, Mr. Epstein, is that 
11 squiggle at the bottom your squiggle? 
12 THE DEFENDANT: Yes, a 
13 THE. COURT: Would those be your 
14 initials? 
15 THE DEFENDANT: Yes, 
16 THE COURT: Did you read all of that 
17 page? 
18 THE DEFENDANT: Yes, 
19 THE COURT: Can you read? 
20 THE DEFENDANT: Yes, 
21 THE COURT: How far did you go in 
22 school? 
23 THE DEFENDANT: High school. 
24 THE COURT: That's your highest 
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degree? 
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THE DEFENDANT: Yes. 
THE COURT: And is this your 
signature on the plea sheet that recites 
the terms of the plea I just read? 
5 THE DEFENDANT: Yes, 
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THE COURT: Did you read that 
document as well? 
THE DEFENDANT: Yes, 
THE COURT: You understand once you 
10 do your 12 months followed by your six 
11 months all in the Palm Beach County jail 
12 you will then be put on community control 
13 which involves having an electronic monitor 
14 attached to you and --
15 MR. GOLDBERGER: Actually Your Honor, 
16 the agreement of the parties is to, it:s 
17 community control one which is not monitor. 
18 THE COURT: II, community control 
19 one, is that spelled out in here? 
20 MS. BELOHLAVEK: Yes. 
21 MR. GOLDBERGER: Yes, it is, Your 
22. Honor. 
23 MS. BELOHLAVEK: He does not fall 
24 under the Jessica Lunsford Act which 
25 requires the bracelet. 
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THE COURT: Community control two. 
MS. BELOHLAVEK: Correct. 
THE COURT: Community control one --
that would be no electronic monitor? 
5 MR. GOLDBERGER: That is correct. 
6 THE COURT: Now which of the terms 
7 and conditions of community control one are 
8 you incorporating? 
9 MR. GOLDBERGER: I can go through 
10 them with Your Honor. 
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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 
15 standard conditions of community control by 
16 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 
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1 probation officer, specified by who? 
2 PROBATION OFFICER: Specified by you, 
3 Your Honor. 
4 THE COURT: I don't see that in the 
5 plea sheet. That's why I'm asking the 
6 questions. No one has specified how often, 
7 how frequently he is to have contact with 
8 his parole and probation officer. 
9 Confinement to an agreed upon residence 
10 during the hours away from employment and 
11 public service activity, has that been 
12 articulated? 
13 MS. BELOHLAVEK: I believe 
14 Judge McSorley has a standard order 
15 somewhere on the bench up there regarding 
16 this, I'm told by the prosecutor. 
17 MS. LENHARDT: Judge, usually this is 
18 the probation sheet she hands out to folks. 
19 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? 
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1 MS. BELOHLAVEK: I didn't realize 
2 until Ms. Lenhardt just told me that Judge 
3 McSorley has that. 
4 MR. GOLDBERGER: We'd be happy to 
5 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 
practice would be --
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 
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 
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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 
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latitude given the court in putting 
somebody on community control. If you 
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 
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know exactly where he is going to be living 
and I want it on the record now. It can 
change but it can only change with 
preapproval by DOC. I want it crystal 
clear. I don't want the community control 
officer who gets this case the day he walks 
out the Palm Beach County to have any doubt 
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. 
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1 (Brief recess.) 
2 MR. GOLDBERGER: Your Honor, we are 
3 back on Jeffrey Epstein, actually it 
worked, we had, an opportunity to go through 
5 Judge McSorley's conditions of community 
6 control and we asked the Department of 
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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 
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sure both I and the defendant are clear. 
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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 
that. 
MR. GOLDBERGER: Okay. 
THE COURT: But it is not the one 
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: So circled are 
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conditions, A, you will remain confined to 
your residence except one half hour befol'e 
and after your approved employment, 
community service work or any other 
activity approved by your probation 
officer. 
B, you will maintain an hourly 
accounting of all your activities on a 
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: So 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 writing and the 
24 defendant will have a copy and he will know 
25 exactly where he is supposed to be when. 
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PROBATION OFFICER: That is correct, 
Your Honor. 
THE COURT: As will his supervising 
4 probation officer. And,then to document 
5 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 
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the probation officer? 
PROBATION OFFICER: That is correct, 
Your Honor. 
THE COURT: Okay. So that applies 
16 and F applies. Does E apply? No. 
17 MS. BELOHLAVEK: Did I circle E? 
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. 
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1 THE COURT: That's a private 
2 residence? 
3 MR. GOLDBERGER: That is his home. 
4 THE COURT: Does he own the 
5 residence? 
6 MR. GOLDBERGER: He does, Your Honor. 
7 THE COURT: Is there any possibility 
8 that he no longer owns the residence?- 
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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. 
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 
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information? 
PROBATION OFFICER: That is correct. 
THE COURT: All address -- I assume 
4 all of this/to and from work and any other 
5 approved activities restricts him to Palm 
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Beach County, is that correct? 
PROBATION OFFICER: That is correct, 
. Your Honor. 
THE COURT: So let's be clear, 
everything, from the day he walks out 
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 
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a.m., is that correct? 
MS. BELOHLAVEK: Yes. 
THE COURT: If the victim was under 
age of 18 years which I gather is the case 
because it's circled, you shall not live 
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: So 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 THE COURT: The Court knows 358 El 
24 Brillo Way is a residential neighborhood, 
25 are there areas there where children 
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1 regularly congregate? 
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. So 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 
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1 messages through carrier pigeon, no 
2 messages through third parties, no hey 
would you tell so and so for me, no having 
4 a friend, acquaintance or stranger approach 
5 any of these victims with a message of any 
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sort from you, is that clear? 
THE DEFENDANT: Yes, 
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. 
So, if there is a desire which, I would 
think would be a bit strange to have 
contact with any of the victims the court 
must approve it. 
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. So, is this sex offender program 
23 becoming a condition of probation? 
24 MS. BELOHLAVEK: That is not. 
25 don't believe I circled that one. 
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1 THE COURT: You did. 
2 MR. GOLDBERGER: That's a mistake on 
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 MD in psychiatry? 
20 MS. BELOHLAVEK: That is correct, I 
21 don't. 
22 THE COURT: So it is just your 
23 judgement --
24 MS. BELOHLAVEK: Correct. 
25 THE COURT: -- that his treatment 
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with some fancy private psychiatrist or 
psychologist in his case is okay? 
3 MS. BELOHLAVEK: That is correct. 
4 THE COURT: So 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 place where children regularly congregate, 
12 is that understood? 
13 THE DEFENDANT: Yes, 
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, 
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23 THE COURT: You understand you will . 
24 not travel from Palm Beach County for the 
25 duration of this? 
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1 THE DEFENDANT: Yes, 
2 MR. GOLDBERGER: Your Honor, I'm 
3 sorry to interrupt, we do cover the 
4 
5 
8 
9 
10 
11 
12 
employment later in the agreement as to 
what he is going to be doing during the one 
year that he is on community control. 
THE COURT: Okay. And let me --
condition G, which is circled, unless 
otherwise indicated in the treatment plan 
provided by sexual offender treatment 
program. 
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 
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25 
1 signed them thoroughly. 
2 Unless otherwise indicated in the 
3 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 --
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 
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26 
1 MS. BELOHLAVEK: They have the 
2 obligation and included in there for 
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 PROBATION OFFICER: Yes, EIM. 
9 THE COURT: Since we have the 
10 pleasure of having someone from the 
11 Department of Corrections here. 
12 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 
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27 
1 at a minimum one time a week. 
2 Defendant to work at Florida 
3 Science Foundation, 250 Australian Avenue, 
4 West Palm Beach, Florida. Is that 
5 volunteer work or work for pay? 
6 MR. GOLDBERGER: It is a 501C 
7 corporation that he has formed, Your Honor, 
8 that will be doing charitable work. 
9 THE COURT: That he has formed? 
10 MR. GOLDBERGER: Yes. 
15 
0 
11 
12 
13 
16 
17 
18 
19 
20 
21 
22 
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 
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0 
1 THE DEFENDANT: President. 
2 THE COURT: Is there a board of 
3 directors? 
4 THE DEFENDANT: Yes, IIIIII 
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 
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29 
1 
2 
basis with what they have been given money 
to do. 
3 THE COURT: Who are some recent 
4 grantees? 
5 THE DEFENDANT: Harvard University. 
6 There is a full program of Evolutionary 
7 Dynamics, Neuro Science Institute of 
8 California, the Physics Institute, MIT. 
9 THE COURT: Do you ever have occasion 
10 to deal with anyone under the age of 
11 eighteen? 
12 THE DEFENDANT: Not very often. It 
13 is, if someone is in college -- sorry. 
14 THE COURT: Right, that's why I'm 
15 asking the question. 
16 THE DEFENDANT: Most of the people I 
17 fund are all usually professors. 
18 THE COURT: Thank you. You 
19 understand that you can't have contact with 
20 anyone if this organization, do they 
21 ever have any involvement with high 
22 schools? 
23 THE DEFENDANT: No, 
24 THE COURT: Students or teachers? 
25 THE DEFENDANT: No, 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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1 THE COURT: Okay. 
2 MS. BELOHLAVEK: Those are 
3 duplicates, you will see those are the same 
O 
4 
5 
6 
as the ones on the previous page, however, 
it was reproduced. 
THE COURT: The next condition, you 
7 shall maintain a driving log. You shall 
8 not drive a motor vehicle while alone 
9 without prior approval of your supervising 
10 officer. 
11 If there was sexual contact, ydu 
12 shall submit to at probationer's or 
13 community controllee's expense an HIV test 
14 with results to be released to the victims, 
15 victim's parent or guardian be 
• 
16 victims, plural. Has that been done? 
17 MR. GOLDBERGER: Not yet. 
18 THE COURT: Do we have a time frame 
19 on that? I would think ASAP might be good 
20 on something like that. 
21 MS. BELOHLAVEK: I believe they can 
22 actually do that•at the jail. 
23 THE COURT: At his expense? 
24 MS. BELOHLAVEK: Yes. 
25 THE COURT: I would request that that 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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31 
1 be done within 48 hours? 
2 You shall not obtain or use a post 
3 
4 
5 
6 
office box without prior approval of the 
supervising officer. 
Okay. Are all those conditions 
you two have agreed to? 
7 MS. BELOHLAVEK: Yes, Your Honor. 
8 MR. GOLDBERGER: With the court's 
9 
10 
11 
12 
amendments, yes. 
THE COURT: Mr. Epstein, do you 
understand? 
THE DEFENDANT: Yes, 
13 THE COURT: I need the defendant to 
14 sign number D where I had an s added to 
15 victim, and G, we struck out the otherwise 
16 indicated language. Otherwise, it is as 
17 you agreed. 
18 Mr. Epstein, do you understand 
19 this is a somewhat complicated terms of the 
20 plea that you've agreed to? 
21 THE DEFENDANT: Yes, 
22 THE COURT: Do you have any questions 
23 about the terms of the plea? 
24 THE DEFENDANT: No. 
25 THE COURT: Can I ask the State why 
PHYLLIS A. DAMES, OFFICIAL COURT REPORIBx 
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32 
1 you choose -- or defense and the State 
2 together, why twelve months in the Palm 
3 Beach County jail followed by six months? 
4 Why not just send him to DOC? 
5 MR. GOLDBERGER: It was the agreement 
6 of the parties, Your Honor. .We just 
7 decided that was the best way to accomplish 
8 what needed to be done here and the parties 
9 agreed that that sentence satisfied 
10 everyone's requirements. 
11 THE COURT: The taxpayers of Palm 
12 Beach County is going to pay 18 months to 
13 house this guy instead of DOC? 
14 MS. BELOHLAVEK: Right. 
15 THE COURT: You understand we're 
16 losing positions left and right in county 
17 government because we haven't got enough 
18 money but you want -- okay. 
19 His requirement to register there 
20 is many, many there is nine pages 
21 outlining the sexual offender's requirement 
22 to register with the department and 
23 penalty, have you read all those, 
24 Mr. Epstein? 
25 THE DEFENDANT: Yes, 
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33 
0 
0 
1 THE COURT: Do you understand you 
2 will be required to register and this will 
3 be an ongoing life long obligation? 
4 THE DEFENDANT: Yes, =E. 
5 THE COURT: And this registration 
6 occurs when? 
7 MS. BELOHLAVEK: Within 48 -hours of 
8 release. 
9 THE COURT: So when he gets out of 
10 the Palm Beach County jail, he needs to 
11 register? Okay. And the department. -- who 
12 is going to provide him with the form? 
13 MR. GOLDBERGER: He actually 
14 registers out at the Sheriff's Office, Your 
15 Honor, we can do it out there. 
16 THE COURT: , Okay. It has been 
17 brought to my attention that POLE is the 
18 one who is statutorily required to handle. 
19 these registrations but some of our 
20 municipal jurisdictions have taken it upon 
21 themselves to impose additional 
22 requirements, y'all understand that? 
23 MS. BELOHLAVEK: Correct. 
24 MR. GOLDBERGER: Right. 
25 THE COURT: What you are telling him 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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34 
1 he has to do is the official State of 
2 Florida registration? 
3 MS. BELOHLAVEK: Correct. 
4 THE COURT: Mr. Epstein, I need to 
5 make sure you understand that that's what's 
6 required by this plea. Anyone on 
7 probation, community control is required to 
8 live and abide by the laws. So if a 
9 jurisdiction you choose to reside in should 
10 have some additional municipal requirements 
11 you will be required in order to comply 
12 with the law of living there, just like you 
13 can't get a parking ticket or speeding 
14 ticket, to comply with those regulations 
15 but I want to make sure you understand 
16 because I have seen some defendants who 
17 have been confused about this. If you 
18 don't, for example, if the Town of Palm 
19 Beach has you register that does not take 
20 care of your requirement. Your requirement 
21 to register with FDLE through the Sheriff's 
22 office is separate, distinct and must be 
23 done on their form according to their 
24 schedule. 
25 THE DEFENDANT: Yes, 
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35 
0 
1 THE COURT: And if my experience the 
2 last few months is of any value, they are 
3 very serious about enforcing this. They 
4 will be tracking you for the rest of your 
5 life. Do not move. Do not go -- I don't 
6 care when you are done with community 
7 control, they need to know exactly where 
8 you are and if you go anywhere without 
9 registering, they will find and you will be 
10 locked up. 
11 THE DEFENDANT: Yes, 
12 THE COURT: Okay. Any questions 
13 about that? 
14 THE DEFENDANT: No, 
15 THE COURT: Did you read the plea in 
16 the circuit court form that describes all 
17 the rights you are giving up by entering 
18 this plea? 
19 THE DEFENDANT: Yes, 
20 THE COURT: I'think I asked you 
21 before, can you read? 
22 THE DEFENDANT: Yes. 
23 THE COURT: Are you under the 
24 influence of alcohol, drugs.or medication 
25 today? 
PHYLLIS A. DAMES, OFFICIAL COURT. REPORTER 
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36 
1 THE DEFENDANT: NO, 
(-) 
2 THE COURT: Normally taking any 
3 prescribed medication? 
4 THE DEFENDANT: Only for cholesterol. 
5 THE COURT: Does that interfere with 
6 your mental ability? 
7 THE DEFENDANT: No. 
8 THE COURT: Do you understand you 
9 have an attorney, you have a right to trial 
10 by jury, there is not going to be a jury 
11 trial. There woh't be witnesses called. 
12 That your attorney and you would have a 
13 right to confront and cross examine, do you 
(I) 14 understand you have a right to call 
15 witnesses of your own and the court would 
16 issue subpoenas to compel their attendance 
17 just like any other witness called by the 
18 State, that you have the right. -- absolute 
19 right to remain silent and that you would 
20 not have to say or do anything at the trial 
21 if there were a trial, do you understand 
22 those rights? 
23 THE DEFENDANT: Yes, 
24 THE COURT: Do you understand if you 
(1) 
25 are not a United States citizen your plea 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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37 
1 could 'subject you to deportation pursuant 
/Mt 2 to the laws and regulations governing the 
3 United States immigration and 
4 Naturalization Service and this court has 
5 no jurisdiction or authority in such 
6 matters, do you understand that? 
7 THE DEFENDANT: Yes. 
8 THE COURT: Has anybody threatened 
9 you, coerced you or promised you anything 
10 other than the terms of this plea to get 
11 you to enter this plea? 
12 THE DEFENDANT: No. 
13 THE COURT: Do you understand this is 
14 a plea in criminal court? 
15 THE DEFENDANT: Yes, 
16 THE COURT: This has -- in criminal 
17 court in Palm Beach County, State of 
18 Florida. I have absolutely nothing to do 
19 with any civil matters or matters in any 
20 other jurisdiction, do you understand that? 
21 THE DEFENDANT: Yes, 
22 THE COURT: Is this plea in any way 
23 tied to any promises, or representations by 
24 any civil attorneys or other jurisdictions? 
(I) 25 MR. GOLDBERGER: May we come sidebar 
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38 
0 
1 on that, Your Honor? 
2 THE COURT: It is going to be 
3 recorded. 
4 MR. GOLDBERGER: That's fine. 
5 THE COURT: Defendant needs to 
6 approach as well. 
7 (Whereupon, there was a conference at.
8 the bench.) 
9 MR. GOLDBERGER: The reason why I 
10 asked to come sidebar, there is a 
11 nonprosecut•ion agreement with the United 
12 States Attorney's office that triggers as a 
13 result of this plea agreement. In other 
14 words, they have signed off and said they 
15 will not prosecute Mr. Epstein in the 
16 Southern District of Florida for any 
17 offense upon his successful taking of this 
18 plea today. That is a confidential 
19 document that the parties have agreed to. 
20 Just in an abundance of caution, I wanted 
21 to tell the court. 
22 THE COURT: I understand, that would 
23 also be invalidated should he violate his 
24 community control? 
25 MR. GOLDBERGER: Absolutely. That 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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39 
0 
0 
1 
2 
nonprosecution agreement --
MS. BELOHLAVEK: They spell all that 
3 out. 
4 THE COURT: Mr. Epstein needs to come 
5 closer. 
6 Mr. Epstein, your attorney has 
7 told me that in addition to everything, we 
8 talked about another Inducement, shall we 
9 say, to your taking this plea is that the 
10 U.S. Attorney for the Southern District of 
11 the State of Florida, federal prosecutor, 
12 has agreed to a nonprosecution agreement 
13 with you, meaning that if you successfully 
14 complete probation and do everything you're 
15 supposed to, they have, have agreed not to 
16 prosecute you federally, did you understand 
17 that? 
18 THE DEFENDANT: Yes, 
19 THE COURT: And I would view that as 
20 a significant inducement in accepting this 
21 plea. 
22 MS. BELOHLAVEK: They are actually in 
23 court here today, also. 
24 THE COURT: Okay. 
25 MR. GOLDBERGER: And the plea 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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40 
1 agreement very carefully spelled out if 
2 
3 
there was a breach that would violate this 
agreement, so we are well aware of it. 
4 THE COURT: Okay. I would request 
5 that a sealed copy of that Mr. Epstein 
6 has signed that document? 
7 MR. GOLDBERGER: Yes, I would like to 
8 seal the copy. 
9 THE COURT: I want a sealed copy of 
10 that filed in this case. That is the only 
11 other condition of the agreement that is 
12 influencing this defendant to make this 
13 decision? 
14 MR. GOLDBERGER: Absolutely. I think 
15 that's the right idea. 
16 (Return to open court. ) 
17 THE COURT: Mr. Epstein, is there 
18 anything else? 
19 THE DEFENDANT: No, 
20 THE COURT: Because I don't take 
21 these pleas unless they are freely and 
22 voluntarily made. 
23 THE DEFENDANT: I understand that. 
24 THE COURT: I also don't want 
25 somebody or anybody coming back a year, 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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41 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
two years from now saying, • no, no/ they 
beat me over the head or if there is 
anything else that is influencing you to 
make this decision, then I need to know 
about it. 
THE DEFENDANT: I understand that. 
MR. GOLDBERGER: Thank you. 
THE DEFENDANT: Thank you very much, 
Your Honor. .
(Return to open court. ) 
11 THE COURT: All right, Mr. Epstein, 
12 any questions about the rights you are 
13 giving up by entering this plea? 
14 THE DEFENDANT: No 
15 THE COURT: State, please give me a 
16 factual basis. 
17 MS. BELOHLAVEK: In 069454 CF AMB, 
18 between August 1, 2004 and October 31, 
19 2005, the defendant in Palm Beach County 
20 did solicit or procure someone to commit 
21 prosecution on three or more occasions. 
22 And in 08 CF 9381 CF AMB between 
23 August 1, 2004 and October 9, 2005, the 
24 defendant did procure a minor under the age 
25 of 18 to commit prostitution in Palm Beach 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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42 
1 
2 
3 
. 4 
5 
6 
7 
County also. 
THE COURT: I find a sufficient 
factual basis to support the pleas. 
Are all of the victims in both of 
these cases in agreement with the terms of 
this plea? 
MS. BELOHLAVEK: I have spoken to 
8 several myself and I have spoken to 
9 counsel, through counsel as to the other 
10 victim, and I believe, yes. 
11 THE COURT: And with regard to the 
12 victims under age eighteen, is that 
13 victim's parents or guardian in agreement 
14 with the plea? 
15 MS. BELOHLAVEK: That victim is not 
16 under age 18 any more and that's why we 
17 spoke with her counsel. 
18 THE COURT: And she is in agreement 
19 with the plea? 
20 MS. BELOHLAVEK: 'Yes. 
21 THE COURT: And community control 
22 will be given information concerning how to 
23 contact these victims? 
24 MS. BELOHLAVEK: Yes. 
25 THE COURT: Confidentially. That 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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43 
1 information will not be related to the 
2 defendant but will be used exclusively for 
3 purposes of verifying compliance with this 
4 agreement? 
5 MS. BELOHLAVEK: Yes. 
6 THE COURT: Is there anything else 
7 from anybody else before I accept this 
8 plea? 
9 MR. GOLDBERGER: No, Your HonOr. 
10 THE COURT: Mr. Goldberger, if it is 
11 your desire, enter your client's 
12 plea. 
13 MR. GOLDBERGER: Thank you, Your 
14 Honor, at this time we would withdraw our 
15 previously entered pleas of not guilty, 
16 enter pleas of guilty pursuant to 
17 negotiations with the State. 
18 THE COURT: Mr. Epstein, I am going 
19 to accept those pleas on your behalf. I 
20 find you are intelligent, alert, you 
21 understand what is going on here and the 
22 consequence of entering this plea, you are 
23 doing it freely and voluntarily. 
24 Pursuant to the plea, I am waiving 
25 a PSI, I will sentence you at this time 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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44 
1 pursuant to it. I will adjudicate you 
2 guilty of felony solicitation of 
3 prostitution, a third degree felony, case 
4 number 06 CF 00945A -- 454 AMB, and 
5 procuring a person under 18 for 
6 prostitution, a second degree felony 08 CF 
7 009381AMB. 
8 With respect to the solicitation 
9 of prosecution, I will sentence you to 
10 twelve months in the Palm Beach County 
11 detention facility with credit for the one 
12 day served. 
13 With respect to 08 CF 009381, I 
14 will sentence you to six months in the Palm 
15 Beach County detention facility, with 
16 credit for the one day served. That six 
17 month sentence is to be served consecutive 
18 to the twelve month sentence. 
19 Following the six month sentence 
20 you will be placed on 12 months of 
21 community control. That will be on both 
22 cases, I assume, to run concurrently, 
23 correct? 
24 MS. BELOHLAVEK: Only on the 08 case. 
25 THE COURT: Only on the second degree 
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45 
1 felony? 
MS. BELOHLAVEK: Correct, the one 
3 that designates him a sexual offender. 
4 THE COURT: Okay. So only on case 
5 number 08 CF 009381AMB will you be on one 
6 year community control which would then 
7 invoke a potential penalty of fifteen years 
8 were you to violate. 
9 The special conditions are that 
10 you are to have no unsupervised contact 
11 with minors and the supervising adult must 
12 be approved by the Department of 
13 Corrections. You are to be designated a 
14 sexual offender pursuant to Florida Statute 
15 943.0435 and you must abide by all 
16 requirements of that statute which I have 
17 read and we have discussed. 
18 You will remain confined to your 
19 residence except one half hour before and 
20 after your approved employment, community 
21 service work or other activities approved 
22 by your probation officer. You will 
23 maintain an hourly accounting of all your 
24 activity on a daily log which you submit to 
25 the supervising officer upon request. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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46 
1 You will be residing at 358 El 
2 Brillo Way, Palm Beach, Florida 33480. 
3 Should you desire to move or go to a 
4 different location upon release from 
5 custody, you will get preapproval of that 
6 location from the Department of 
7 Corrections. You will have to contact your 
8 community control officer a minimum of once 
9 a week, it can be more often at their 
10 discretion and you are to work at the 
11 Florida Science Foundation at 250 
12 Australian Avenue in West Palm Beach, 
13 Florida. You will submit to a mandatory 
14 curfew of 10 p.m. to 6 a.m. 
15 You shall not live within a 
16 thousand feet of a school, day care center, 
17 park, playground or other place where 
18 children congregate. You shall not have 
19 any contact with the victims, directly or 
20 indirectly including through a third person 
21 unless approved by victim's therapist and 
22 the sentencing court. 
23 You shall not work for pay or as a 
24 volunteer at any school, day care center 
25 park, play ground, other place where 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA02738370

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47 
rl 
0 
1 children may congregate. You shall not 
2 view, own or possess any obscene 
3 pornographic or sexually stimulating or 
4 
5 
6 
7 
8 
9 
visual, auditory material including 
telephone, electronic media, computer 
programs, computer services that are 
relevant to deviant behavior. 
You shall submit two specimens of 
blood to Florida Department of Law 
10 Enforcement to be registered with the DNA 
11 data bank. You shall submit to a 
12 warrantless search by the probation officer 
13 or community control officer of your 
14  person, residence or vehicle. 
15 You shall maintain a driving log. 
16 You shall not drive a motor vehicle while 
17 alone without prior approval of the 
18 supervising officer. 
19 You shall submit to, at 
20 probationer or community control expense a 
21 HIV test, the result of which is to be 
22 released to' the victims or victim's parent 
23 or guardian. That has to be done within 48 
24 hours. 
25 You shall not obtain or a use post 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
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48 
1 office box without the prior approval of 
2 the supervising officer. 
MS. BELOHLAVEK: You forgot one that 
4 you may not possess, own or view sexually 
5 stimulating -- I don't believe you read 
6 that outloud just now. 
7 THE COURT: Yes, I did. 
8 MS. BELOHLAVEK: I'm .sorry, I didn't. 
9 hear it. I just wanted to make sure. 
10 THE COURT: And the warrantless 
11 search by the community control officer of 
12 the person, residence or vehicle --
13 understand the person, residence or vehicle 
14 includes anything you might possess like 
15 computer, a cell phone and whatever other 
16 elaborate devices there are to communicate . 
17 electronically these days, okay. Good 
18 luck. 
19 MR. GOLDBERGER: Thank you. 
20 MS. BELOHLAVEK: Thank you. 
21 THE COURT: Is there a judgment? 
22 MR. GOLDBERGER: Yes, there should be 
23 judgments. 
24 THE COURT: Was there a condition of 
25 community control that he pay or is he 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA02738372

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paying it? 
MR. GOLDBERGER: Actually there is a 
cash bond posted, court cost can be 
deducted from the cash bond. 
THE COURT: $574 is the total? 
MS. BELOHLAVEK: Correct. 
THE COURT: Is that to cover both 
8 cases? 
9 MR. GOLDBERGER: Yes. 
10 THE COURT: Thank you. 
11 MR. GOLDBERGER: Thank you, Your 
12 Honor. 
13 (Whereupon, at 9:48 o'clock a.m. the 
( 14 proceedings before the Court, concluded.) 
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PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA02738373

Case 9;09-cv 13059-1-KAM—Docuntent-2-9-2  Entered -on -FL-SD Docket -C612612009- Rage -SD-of-50 
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1 CERTIFICATE 
2 
3 THE STATE OF FLORIDA, 
4. COUNTY OF PALM BEACH. 
5 I, PHYLLIS A. DAMES, Official Court 
6 Reporter for the Fifteenth Judicial Circuit, 
7 Criminal Division, in and for,Palm Beach County, 
8 Florida; do hereby certify that I was authorized 
9 to and did report the foregoing proceedings before 
10 the Court at the time and place aforesaid; and 
11 that the preceding pages numbered from 1 through 49, 
12 inclusive, represent a true and accurate 
13 transcription of my stenonotes taken at said 
14 proceedings. 
15 IN WITNESS WHEREOF, I have hereunto 
16 affixed my official signature this 19th day of 
17 
July, 2008. 
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21 PHYL S A. DAMES 
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PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA02738374