Court Records
• Case 9:08-cv-80381-KAM Document 139-1 Entered on FLSD Docket 05/06/2010 Page 1 tatini
Case 9:08-cv-80381-KAM Document 60 Entered on FLSD Docket 02/27/2009 Page 1 of 8
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 08-80381-CIV-MARa
JANE DOE NO. 5,
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
SECOND AMENDED COMPLAINT
Plaintiff, Jane Doe No. 5 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey
Epstein, as follows:
Parties, Jurisdiction and Venue
1. Jane Doe No. 5 is a citizen and resident of the Commonwealth of Virginia, and is sui
juris.
2. This Complaint is brought under a fictitious name to protect the identity of the
Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon a
minor.
3. Defendant Jeffrey Epstein is a citizen and resident of the State of New York.
4. This is an action for damages in excess of $50 million.
5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28
U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs;
and (ii) is between citizens of different states.
6. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a substantial
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part of' the events or omissions giving rise to the claim occurred in this District.
Factual All gallons
7. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52
years old. Epstein is a financier and money manager with a secret clientele limited exclusively to
billionaires. He is himself a man of tremendous wealth, power and influence. He maintains his
principal home in New York and also owns residences in New Mexico, St. IIIMand Palm Beach,
FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach.
8. Upon information and belief, Epstein has a sexual preference and obsession for
underage girls. He engaged in a plan and scheme in which he gained access to primarily
economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave
them money. In or about 2002-2003, Jane Doe, then approximately 15-16 years old, fell into
Epstein's trap and became one of his victims.
9. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted
girls in Florida, New York and on his private island, known as Little St. James, in St.
10. Epstein's scheme involved the use of young girls to recruit underage girls. These
underage girls were recruited ostensibly to give a wealthy man a massage for monetary
compensation in his Palm Beach mansion. The girls would be contacted when Epstein was planning
to be at his Palm Beach residence or soon after he had arrived there. Upon information and belief,
Epstein generally sought out economically disadvantaged underage girls from western Palm Beach
County who would be enticed by the money being offered - generally $200 to $300 per "massage"
session - and who were perceived as less likely to complain to authorities or have credibility if
allegations of improper conduct were made. This was an important element of Epstein's plan.
11. Epstein's plan and scheme reflected a particular pattern and method. The underage
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victim would be brought to the kitchen entrance of Epstein's mansion, where she would be
introduced to MEM Epstein's assistant. would then bring the girl up a flight of
stairs to a room that contained a massage table in addition to other furnishings, and a bathroom.
The girl would then find herself alone in the room with Epstein, who would be wearing only a towel.
He would then remove his towel and lie naked on the massage table, and direct the girl to remove
her clothes. Epstein would then perform one or more lewd, lascivious and sexual acts, including
masturbation and touching the girl's vagina.
12. Consistent with the foregoing plan and scheme, when Jane Doe was approximately
15-16 years old, she was recruited to give Epstein a massage for monetary compensation. Jane and
another girl were brought to Epstein's mansion in Palm Beach, to the kitchen entrance. Once there,
they were introduced to MIS who led them up the flight of stairs to the room with the
massage table. Jane and the other girl were directed by Epstein to remove their clothes and give
him a massage. Jane and the other girl removed their clothes except for their panties and bras, and
complied with Epstein's instructions. While on the massage table, Epstein masturbated himself
and touched both girls on their vaginas with his hand and with a vibrator.
13. After Epstein had completed the sexual assault, both girls were then able to get
dressed, leave the room and go back down the stairs. Epstein gave both girls money for this
"massage."
14. As a result of this encounter with Epstein, Jane experienced confusion, shame,
humiliation and embarrassment, and has suffered severe psychological and emotional injuries.
COUNT 1
Sexual Assault and Battery
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15. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above.
16. Epstein acted with intent to cause an offensive contact with Jane Doe, or an imminent
apprehension of such a contact, and Jane Doe was thereby put in such imminent apprehension.
17. Epstein made an intentional, unlawful offer of offensive sexual contact toward Jane
Doe, creating a reasonable fear of imminent peril.
18. Epstein intentionally inflicted harmful or offensive contact on the person of Jane Doe,
with the intent to cause such contact or the apprehension that such contact is imminent.
19. Epstein tortiously committed a sexual assault and battery on Jane Doe. Epstein's acts
were intentional, unlawful, offensive and harmful.
20. Epstein's plan and scheme in which he committed such acts upon Jane Doe were
done willfully and maliciously.
21. As a direct and proximate result of Epstein's assault on Jane, she has suffered and
will continue to suffer severe and permanent traumatic injuries, including mental, psychological and
emotional damages.
WHEREFORE, Plaintiff Jane Doe No. 4 demands judgment against Defendant Jeffrey
Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this
Court deems just and proper.
COUNT II
Intentional infliction of Emotional Distress
22. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above.
23. Epstein's conduct was intentional or reckless.
24. Epstein's conduct with a minor was extreme and outrageous, going beyond all bounds
of decency.
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25. Epstein committed wind acts of child sexual abuse on Jane Doe. These acts resulted
in mental or sexual injury to Jane Doe, that caused or were likely to cause Jane Doe's mental or
emotional health to be significantly impaired.
26. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had
reason to know that his intentional and outrageous conduct would cause emotional distress and
damage to Jane Doe, or Epstein acted with reckless disregard of the high probability of causing
severe emotional distress to Jane Doe.
27. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane
Doe, has suffered and will continue to suffer severe mental anguish and pain.
WHEREFORE, Plaintiff Jane Doe No. 5 demands judgment against Defendant Jeffrey
Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this
Court deems just and proper.
COUNT III
Coercion and Enticement to Sexual Activity In Violation of 18 U.S.C. 62422
28. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above.
29. Epstein used a facility or means of interstate commerce to knowingly persuade,
induce or entice Jane Doe, when she was under the age of 18 years, to engage in prostitution or
sexual activity for which any person can be charged with a criminal offense.
30. On June 30, 2008, Epstein entered a plea of guilty to violations of Florida §§ 796.07
and 796.03, in the 15th Judicial Circuit in and for Palm Beach County (Case nos. 2008-cf-
009381AXXX.MB and 2006-cf-009454AXXXMB), for conduct involving the same plan and
scheme as alleged herein.
31. As to Plaintiff Jane Doe, Epstein could have been charged with criminal violations of
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Florida Statute §796.07(2) (including subsections (c), (d), (e), (f), (g), and (h) thereof), and other
criminal offenses including violations of Florida Statutes §§ 798.02 and 800.04 (including
subsections (5), (6) and (7) thereof).
32. Epstein's acts and conduct are in violation of 18 U.S.C. §2422.
33. As a result of Epstein's violation of 18 U.S.C. §2422, Plaintiff has suffered personal
injury, including mental, psychological and emotional damages.
34. Plaintiff hired Herman & Mennelstein, P.A., in this matter and agreed to pay them a
reasonable attorneys' fee.
WHEREFORE, Plaintiff Jane Doe No. 5 demands judgment against Defendant Jeffrey
Epstein for all damages available under 1 & U.S.C. §2255(a), including without limitation, actual
and compensatory damages, costs of suit, and attorneys' fees, and such other and further relief as
this Court deems just and proper.
JURY TRIAL DEMAND
Plaintiff demands a jury trial in this action on all claims so triable.
Dated: February 27, 2009
Respectfully submitted,
By: s/ Adam D. Horowitz
Stuart S. Mermelstein (FL Bar No. 947245)
ssm®sexabuseartomey.corn
Adam D. Horowitz (FL Bar No. 376980)
[Email Redacted]
MERMELSTEIN & HOROWITZ, P.A.
Attorneys for Plaintiff
18205 Biscayne Blvd., Suite 2218
Miami, Florida 33160
Tel: [Phone Redacted]
Fax: [Phone Redacted]
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CERTIFICATE OF SERVICE
I hereby certify that on February 27, 2009, I electronically filed the foregoing document with
the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this
day to all parties on the attached Service List in the manner specified, either via transmission of
Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those
parties who are not authorized to receive electronically Notices of Electronic Filing.
/s/ Adam D. Horowitz
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SERVICE LIST
DOE vs. JEFFREY EPSTEIN
United States District Court, Southern District of Florida
Jack Alan Goldberger, Esq.
iuoldberner(aagwpa.com
Robert D. Critton, Esq.
[Email Redacted]
/s/ Adam D. Horowitz
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