EFTA02760798
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Filing # 64117830 E-Filed 11/13/2017 03:38:33 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff(s), vs. SCOTT ROTIISTEIN individually, J. L.M., individually, individually, and Defendant(s). C. 5 c MOTION IN LIMINE ADDRESSING ScC4 ADMISSIBLE EVIDENCE ‘ Pursuant to Florida Statute §90.404( i*TEdwards, by and through his undersigned scounsel, files this Motion in Limine to ss e scope of admissible evidence in the trial of the pending malicious prosecution clsim arid t pond to various assertions by opposing counsel that - - \\,/ Counter-Plaintiff is seeking to impermissibly "turn this civil lawsuit into the prosecution of a bunch of criminal cases" by attempting to introduce the testimony of multiple witnesses about the molestation charges brought against Epstein including the testimony of multiple then-child victims. life-representations regarding the Counter-Plaintiffs intentions to introduce evidence of Epstein's extensive pattern of victimization of minor females are accurate. The challenge to those intentions is baseless. The foundation of this malicious prosecution case is Epstein's unsupportable allegations that fabricated molestation claims against Epstein in order to knowingly support FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 11/13/2017 03:38:33 PM EFTA02760798 Motion in Limine Case No.: 502009CA040800XXXXM BAG a billion dollar Ponzi scheme orchestrated by Scott Rothstein. Elements of the malicious prosecution claim are proof of Epstein's lack of probable cause and his malice. It is obviously relevant to the absence of probable cause to support the fabrication claim if Epstein, in fact, committed the acts of molestation he was alleged to have committed. Consequen II relevant and material evidence of Epstein's guilt is admissible. That includes not only a nce elating to the molestation of the three victims represented by M, but lar fact evidence of other child molestations committed by Epstein. See Florida Sta 0.404(2) and Federal Rule of Evidence 415(G). In addition, while legal malice is inferred from l tja4ion of a claim in the absence of probable cause, actual malice is relevant to both the pensatory damage claim and the pending claim against Epstein for punitive damag ro f of actual malice — an operation of the defendant's mind — is most often dep circumstantial evidence, and one of the strongest circumstances supporting the e pstein's actual malice toward is the active leadership role Bradley Ed ids played in uncovering the full scope of Epstein's pattern of serial molestations IM' role in the prosecution of the Crime Victims Rights Act molestations challenge to 'n' eetheart Non-Prosecution Agreement. In other words, Epstein was highly moti t sfri silence through his malicious civil action against both to escape exte ive civil liability to dozens of other victims and to escape years of imprisonment if the NPA is set aside. Finally, Epstein's counsel has argued that the broad range of the discovery conducted by into matters with no direct tie to clients supports a reasonable 2 EFTA02760799 Motion in Limine Case No.: 502009CA040800XXXXMBAG suspicion that was fabricating claims to support the Ponzi scheme. However, pursuant to Florida Statute §90.404(2) and Federal Rule of Evidence 415(G), evidence of other acts of sexual abuse and child molestation by Epstein against victims other than the three clients represented by was clearly admissible and the discovery into sucliot er criminal conduct was entirely proper. Accordingly, though not required under the circumstances o t e pr>secution of this malicious prosecution claim, herby gives notice su lit to F.S. §90.404(2) [copy attached] of his intent to introduce and rely on similar vi ' -nce of other crimes, wrongs, or acts of sexual abuse, child molestation, and solicita ostitution committed by Jeffrey Epstein as detailed in the attached, Plaintiff Jane olice Regarding Evidence of Similar Acts of Sexual Assault, the contents of which are I HEREBY CERTIFY that a to all Counsel on the attached li day of \vitt' , 2017. \ ted herein by reference. rrect copy of the foregoing was sent via E-Serve k Scar r Florida Bar No.: 169440 Attorney E-Mail(s): jsx@searcylaw.com and mcp@searcylaw.com Primary E-Mail: _scarolateam@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorney for Plaintiff(s) 3 EFTA02760800 Motion in Limine Case No.: 502009CA040800XXXXMBAG COUNSEL LIST William Chester , Esquire wcblaw@aol.com; wcblawasst®gmail.com 250 S Australian Avenue, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-655-4777 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Jack A. Goldberger, Esquire jgoldberger®agwpa.com; smahoney®agwpa.com Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue S, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-659-8300 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Andrew A. Harris, Esquire aah®FLAppellateLaw.com; jew®FLAppellateLaw.com; Burlington & Rockenbach 444 W Railroad Avenue, Suite West Palm Beach, FL 33401 Phone: (561)-721-0400 Fax: (561)-721-0465 Attorneys for Jeffit Nichole J. Se njs®FLAp kbt®FLAp Burlin 444 W Rai w.com; w.com kenbach, P.A. ad Avenue, Suite 350 West Palm Beach, FL 33401 Phone: (561)-721-0400 Fax: Attorneys for Jeffrey Epstein J. Esquire staff.efile®pathtojustice.com Jaffe Weissing Fistos & Lehrman, P.L. 425 N Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 Attorneys for Je Fred Haddad, Dee®Fre Fred Fred w.com; adLaw.com .A. 0 Plaza, Suite 2612 \ one. erdale, FL 33394 one. (954)-467-6767 ct . (954)-467-3599 tto meys for Jeffrey Epstein 4 Scott J. Link, Esquire Eservice®linIcrocklaw.com; Scott®linkrocklaw.com; Kara®linIcrocklaw.com; Angela®linkrocklaw.com; Tanya®IinIcrocklaw.com Link & Rockenbach, P.A. 1555 Palm Beach Lakes Boulevard, Suite 301 West Palm Beach, FL 33401 Phone: (561)-727-3600 Fax: (561)-727-3601 Attorneys for Jeffrey Epstein EFTA02760801 Motion in Limine Case No.: 502009CA040800XXXXMBAG Paul Morris, Esquire paulappeal®gmail.com; paul®paulmorrislaw.com Paul Morris, P.A. 9350 S Dixie Highway, Suite 1450 Miami, FL 33156 Phone: (305)-670-1441 Fax: (305)-670-2202 Attorneys for Jeffrey Epstein Tonja Haddad Coleman, Esquire tonja@tonjahaddad.com; efiling®tonjahaddad.com Tonja Haddad, P.A. 315 SE 7th Street, Suite 301 Fort Lauderdale, FL 33301 Phone: (954)467-1223 Fax: (954)-337-3716 Attorneys for Jeffrey Epstein Marc S. Nurik, Esquire marc®nurildaw.com One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Phone: (954)-745-5849 Fax: (954)-745-3556 Attorneys for Scott Roths in \ zpiiir +6s 5 EFTA02760802 f 90.404 EVIDENCE CODE 2. Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor. (c) Character of wittiest —Evidence of the character of a witness, as provided in as. 90.608-90.610. (2) Other crimes, wrongs, or acts.— (a) Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity. (b) 1. In a criminal case in which the defendant is charged with a crime involving child molestation, evidence of the defen-dant's commission of other crimes, wrongs, or acts of child molestation is admissible and may be considered for its bearing on any matter to which it is relevant 2. For the purposes of this paragraph, the term "child molestation" means conduct proscribed by s. 787.025(2Xc), s. 787.06(3Xg), former s. 787.06(3)00, s. 794.011, excluding s. 794.011(10), a. 794.06, former s. 796.03, former a. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s. 847.0146, or a. 985.701(1) when committed against a person 16 years of age or younger. (c) 1. In a criminal case in which the defendant is charged with a sexual offense, evidence of the defendant's commission of other crimes, wrongs, or acts involving a sexual offense is admissible and may be considered for its bearing on any matter to which it is relevant 2. For the purposes of this paragraph, the term offense" means conduct proscribed by s. 787.025(2Xc 787.06(3)(b), (d), (f), or (g), former a. 787.06(3)(h), s. excluding a 794.011(10), a 794.05, former s. 796.03, f 796.035, a. 825.1026(2)(b), s. 827.071, s. 847.0135(5), or s. 985.701(1). (d) 1. When the state in a criminal action tffer evidence of other criminal offenses under a , para-graph (10, or paragraph (c), no fewer than days ore trial, the state shall furnish to the defendant o th defendant's counsel a written statement of the acts or o it intends to offer, describing them with the arity required of an indictment or information. No noti uired for evidence of offenses used for impeach t or o buttal. 2. When the evidence Ited, the court shall, if re-quested, charge the j 'ted purpose for which the evidence is received a d is considered. After the close of the evidence, the jury shall instructed on the limited pur-pose for which the evid was received and that the defen-dant cannot be convicted for a charge not included in the indictment or info ation. (3) Nothing in this section affects the admissibility of evi-dence under s. 90.610. Laws 1976, c. 76-237, f 1. Amended by Laws 1990, c. 90-40, § 2, eft. June 1, 1990; Laws 1993, c. 93-166, § 26, eft. Oct. 1, 1993; Laws 1995, c. 95-147, § 473, eff. July 10, 1996; Laws 2001, c. 2001-221, § 1, eff. July 1, 2001; Laws 2008, c. 2008-172, f 9, eff. Oct 1, 2008; Laws 2011, c. 2011-220, § 2, eft July I, 2011; Laws 2012, c. 2012-97, § 14, eff. July 1, 2012; Laws 2014, c. 2014-160, § 15, eft Oct. 1, 2014. 8 Historical and Statutory Notes Amendment Not= Laws 1990, c. 90-10, 4 2, eff. June 1, 1990, reenacted subset. (IOW without amendment "for the purpose of incorporating the amendment to section 794.022, Florida Statutes, in a reference thereto". The 1990 amendment to this section was not adopted as of court at the time of publication. See the Historical and Statutory Notes to 4 90.101 for adoption of earlier provisions as a rule of court. Laws 1993, c. 93-156.4 26, elf. Oct. I, 1993, reenacted subset. (1)(b) of this section for the purpose of incorporating the amendment to 4 794.022 in a reference thereto. Laws 1995, c. 95-147. a reviser's bill, eliminated gender-specitle references without making substantive changes in legal effect. Laws 2001, c. 2001-221. 4 I, rewrote subset. (2), which formerly read: "(2) Other crimes, wrongs, or acts.— "(a) Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity. "(b)1. When the state in a criminal action Intends to offer evidence of other criminal offenses under paragraph (a). no fewer than 10 days before trial, the state shall furnish to the accused a written statement of the acts or offenses it intends to offer, describing them with the particularity required of an indictment or information. No notice is required for evidence of offenses used for impeach. ment or on rebuttal. "2. When the evidence is admitted, the court shall. if requested, charge the Jury on the limited purpose for which the evidence is received and is to be considered. After,the close of the evidence, the jury shall be Instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information." The Florida Supreme Court in per minim opinion dated July II, 2002 (826 So.2d 339) Provided in part: "Consistent with the committee's recommendations, we adopt chapters 2030-316. sections I and 2; and 2001-132, section 1 to the extent they are procedural. However. after hearing oral argument, and carefully considering the committee's recommendation against adopting chapter 2001-221, section 1, as well as the comment, that were filed, we decline to follow this recommendation and also adopt the amendments to section 90.404(2) to the extent they arc procedural. In the absence of a true 'case and controversy,' we express no opinion on the substance of the amendments or on the challenges to chapter 1-221, section 1, that were raised in these proceedings. The various amend-ments are effective on the dates they became law." Laws 2008. e, 2008-172, 4 9, in subsec. (2Xb)2.. Inserted a reference to 847.0136(5), and made a nonsabstantive language change. Laws 2011, c. 2011-220, 4 2, in subset. (2), inserted references to 41 787.025(2)(c), 794.011(10). 794.06, 796.03, 796.035, 796.045, 827.071. 847.0145, and 985.7010) par. (b)2., inserted a new par. (c), relating to sexual offenses, and redesignated for par. (c) as par. (d) and inserted a reference to par. (e). Laws 2012, c. 2012-97, 4 14, in subsea (2)(b)2. and (2)(02, inserted references to 4 787.06(3)(b), (d). (g), and (h). and deleted references to § 796.045. Laws 2014, e. 2014-160.4 16 in subsec. (2), substituted references to former H 787.06(3)0U. 796.03, and 796.036 for references to if 787.06(3)(h). 796.03, and 796.035 in pers. (b)2. and (e)2. Prior Laws: Fla.St.1978, Supp. 4 90.0& laws 1971, e. 71-72, 44 1,2. Fla.St.1969, 4 90.07. Laws 1945, e. 22858, 4 7 Comp.Gen.Laws 1227, if 4371,4373. Rev.Gen.St..1920, ff 2704,2706. GenSt.1906, if 1504, 1506. Laws 1901, c. 4966.4 1. Rev.S11892, 44 1096, 1097. Laws 1861, c. 1096, 4 54. Act March 10, 1845, 4 6. Act March 15, 1843, 4 25. Act Nov. 2i,1828, 4 72. EFTA02760803 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 1 of 19 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE, CASE NO. 08-CV-80893-CIV-MARRA/JOHNS0N Plaintiff, Vs. JEFFREY EPSTEIN, et al. Defendant. Related Cases: 08-80119, 08-80232, 08-80380, 08-80381, 08-80994, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 PLAINTIFF JANE DOE'S NOTICE REGARDING EVIDENCE OF SIMILAR ACTS OF SEXUAL ASSAULT Plaintiff, Jane Doe, through undersigned counsel, hereby files this notice pursuant to Fed. R. Evid. 415(b), that she intends to offer evidence under the rule of other acts of sexual abuse and child molestation by Epstein at her trial. In compliance with the Rule, this pleading briefly sets out "a summary of the substance of any testimony" that she plans to offer under the Rule. For the convenience of the Court, Jane Doe also provides brief background about the rule and about how the testimony of these other girls fits into the trial. EFTA02760804 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 2 of 19 CASE NO: 08-CV-80893-NIARa BACKGROUND Federal Rule of Evidence 415 Jane Doe provides this notice pursuant to Federal Rule of Evidence 415. Congress added Rule 415 into the federal rules in 1994. The rule makes Sidence of other acts of sexual assault or child molestation automatically admissible in any cases (like Jane Doe's) involving allegations of sexual assault by a victim. Congress explained that "R]he reform effected by these rules is critical to the protection of the public from rapists and child molesters, and is justified by the distinctive characteristics of the cases to which it applies. In child molestation cases, for example, a history of similar acts tends to be exceptionally probative because it shows an unusual disposition of the defendant -- a sexual or sado-sexual interest in children -- that simply does not exist in ordinary people. Moreover, such cases require reliance on child victims whose credibility can readily be attacked in the absence of substantial corroboration. In such cases, there is a compelling public interest in admitting all significant evidence that will shed some light on the credibility of the charge and any denial by the defense." 140 CONG. REC. 512990-01,512990 (Sept. 20, 1994) (statement of Sen. Dole). Congress also asked the rule be liberally construed. As the Senate sponsor explained: " ourts should liberally construe the rules so that the defendant's propen well as questions of probability in light of the defendant's past conduct, can b properly assessed." Id. See generally Karp, Evidence of Propensity and Probability in Sex Offense Cases and Other Cases, 70 CHI.M. L. REv. 15 (1994) (statement by principal draftsman of Fed. R. Evid. 413-15 that has been incorporated as part of the legislative history of the rules, see 140 Cong Rec. H8991-92 (Aug. 21, 1994)). 2 EFTA02760805 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 3 of 19 CASE NO: 08-CV-80893-MARRA, Federal Rule of Evidence 415 is directly applicable to Jane Doe's case. The Rule provided that "filn a civil case in which a claim for damages or other relief is predicated on a party's alleged commission of conduct constituting an offense of sexual assault or child molestation, evidence of that party's commission of another offense or offenses of sexual assault or child molestation is admissible and may be considered as provided in Rule 413 and Rule 414 of these rules." Fed. R. Evid. 415(a). Rule 413 defines an "offense of sexual assault" as any "crime under Federal law or the law of a State . . . that involved . . . any conduct proscribed by chapter 109A of title 18, United States Code" — i.e., federal sex offenses against NI 4en. Fed. R. Evid. 413(d). Jane Doe's First Amended Complaint alleges II t t committed many such state and \ /federal offenses against her. See FirstCV n ed Complaint, case no. 9:08-cv-80893- +3KAM, doc. #38 at 5 (state offens , (federal offenses). She also alleges that Epstein committed many such offenses against other then-minor girls. Id. at 2. The testimony described below easily fits within the rule. Requirement of Advance Notice Under Fed. R. Evid. 415(b) Fed. R. Evid. 415(b) requires that a "party who intends to offer evidence under this Rule shall disclose the evidence to the party against whom it will be offered, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause." To ensure full compliance with this rule, Jane Doe is filing this detailed notice, more than 15 days in advance of trial. 3 EFTA02760806 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 4 of 19 CASE NO: 08-CV-80893-MARRA, Jane Doe, however, has done far more than simply file this notice to give Epstein full notice of his intent to use such evidence. Indeed, as the Court is aware from earlier filings, Epstein has already received a witness list from Jane Doe with the names of other witnesses he is intending to call. Jane Doe has also given Epstein, both orally and in writing, ample notice that she intends to call the other girls that he abused at trial. In fact, from the onset of this litigation nearly two years ago, Epstein was provided with such notice. (Plaintiff, Jane Doe's Disclosure Pursuant to Fed.RCiv.P. 26 attached hereto as Exhibit A). Epstein is already preparing his motion in limine to object to the introduction of this evidence, as he has sought (and received) permission to file a pleading in excess of twenty-pages on the subject. See Defendant Epstein's Motion in Exceed Page Limitation in Motion in Lirnine to Exclude Similar Fact Evidence, case no. 08-cv-80893-KAM, doc. #167. Moreover, Epstein has obtained ample advanced notice of the substance of the testimony of the girls who will testify against him. These girls were the victims in the criminal investigation against him that was prosecuted by the State and Federal government. Epstein has received the Palm Beach Police Department Incident Report, many of their statements to local police and FBI, and a list of approximately 40 underage minor victims was provided to him by the United States Attorney's Office as an addendum to the Non-Prosecution Agreement. Through legal counsel, he has received voluminous correspondence, discovery and information from state criminal investigators who investigated his sexual offenses of young girls. Through legal counsel, he has also participated in depositions of a number of these girls, including 4 EFTA02760807 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 5 of 19 CASE NO: 08-CV-80893-MARla Jane Doe, Jane Doe's 2-8, CMA, EW, and LM. While settlement discussions are confidential, the fact that Jeffrey Epstein settled the cases against him that were filed by other girls who were not deposed is not secret, and Epstein negotiated those cases on the specific facts of those individual cases. In fact, he has apparently paid money to settle the sexual assault claims against him by more than 25 girls. He knows the nature of their allegations. In such I circumstances, no additional notice is required. See Johnson v. Elk Lake School Dist, 2083 F.3d 138, 150 n.6 (3rd Cir. 2002) (finding no need for notice under Fed. R. Evid. 415 (b) where defense counsel had participated in deposition involving the allegation of abuse; "the primary purpose of Rule 415(b)'s disclosure provision [is] preventing a plaintiff from unfairly surprising a defendant at trial with evidence of an alleged past offense of sexual assault). Th Need far Other Acts Testimony i Similar fact eviden under F.R.Evidence 415 is extremely relevant and necessary in this cas Plaintiff Jane Doe will testify that she was at defendant Epstein's honl numerous occasions between 2003 and 2005, beginning at a time when s 4 years old. She was brought to his house by another underage minor victim pstein, consistent with Epstein's designed scheme to access underage minors for sex. She was taken up to Epstein's bedroom, and he told her to undress and massage him. Then he rolled over and began masturbating as he also touched Jane Doe's naked breasts, buttocks and vagina. At times Epstein inserted his fingers into her vagina and used a vibrator on Jane Doe's vagina. He and his assistants contacted 5 EFTA02760808 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 6 of 19 CASE NO: 08-CV-80893-MARRA. Jane Doe by telephone (a means of interstate communication) on numerous occasions for her to go "work" at his house or give him a "massage". While Epstein has not denied any of these charges directly (he has asserted a 5th amendment right against self-incrimination), he also has not admitted to tbetations and has in fact filed an answer to the complaint denying all of Jane allegations. Case no. 9:08-cv-80893, doc. #131 (answer to complaint). as also raised several affirmative defenses, including "[Jane Doe) consent Jo ) and was a willing participant in the acts alleged," id. at 8; "Defendant reasonably believed or was told that Jane Doe had attained the age of 18 years old at the time of the alleged acts," id.; Jane Doe cannot show that a means of interstate communication or transportation was involved in her abuse, id. In addition, Epstein, through counsel, has attacked the credibility of Jane Doe, as character assassination is his primary defense and he is attempting to call into the question the truthfulness of her testimony that she was sexually abused. For example, in deposition, Epstein has shaken his head and laughed and given other non-verb& responses when confronted with questions related to his scheme of accessing underage girls for sex and questions about the ritual that he engaged in with each of his underage victims. His attorneys have implied in deposition that Jane Doe was responsible, rather than Epstein, for this abuse, and that she was just a prostitute (although she has never received money for sex with anyone other than Epstein). He has cast her as a "bad girl" that went voluntarily and could have easily refused any of Epstein's requests, if he indeed made any. In the face of such attacks, 6 EFTA02760809 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 7 of 19 CASE NO: 08-CV-80893-MARRA, Jane Doe needs to establish that Epstein is experienced at accessing and manipulating adolescent and teenage children into engaging in sex acts with him. There are also ample other reasons for needing the testimony of other victims of Epstein's attacks. Notable among these is Jane Doe's punitive damages case, which will include proof that Epstein has committed repeated acts of sexual abuse of others similar to Jane Doe. Juries considering punitive damages issu e p inly entitled to consider "the existence and frequency of similar past conduct. 0 Production Corp. v. Alliance Resources Corp., 509 U.S. 443, 462 n.28 This is because Supreme Court holdings recognize "that a recidivist may p ed more severely than a first \._ -Citoffender . . . [because] repeated miscond t o e reprehensible than an individual instance of malfeasance." BMW of o A erica, Inc. v. Gore, 517 U.S. 559, 577 (1996) (supporting citations om t addition, under Rule 404(b), Jane Doe is entitled to offer the evidence to such things as (inter alia) absence of mistake (i.e., absence of a reasonable belief that the girls were 18 years of age or older), common scheme or plan, "modus operandi," psychological coercion, uneven bargaining power, premeditation, knowledge of age, and many other bases. NOTICE OF THE SUBSTANCE OF TESTIMONY TO BE OFFERED Jane Doe intends to offer two forms of testimony about other acts of sexual abuse by Epstein: direct and indirect. Direct testimony will come from then-minor girls who were sexually abused by Epstein and from Epstein himself. (Jane Doe intends to ask Epstein at trial whether the girls' testimony about his abuse was accurate; Epstein will then need to either fully confirm directly the accuracy of their testimony or, as he has 7 EFTA02760810 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 8 of 19 CASE NO: 08-CV-80893-MARRA, done during deposition, take the Fifth rather than answer.) This testimony will be direct testimony about Epstein's acts of sexual abuse. Indirect testimony will come from others, such as Alfredo Rodriguez, who will indirectly confirm the accuracy of the girls testimony through testimony. While Jane Doe has discovered more than 40 girls that could easily provide similar fact evidence, we have reduced that list of witnesses to 15. Each of the 15 girls listed in this disclosure will testify that they were at Epstein's house while minors between 2002 and 2005 — the same time frame relevant to the abuse alleged in Jane Doe's complaint. They are all of similar age to Jane Doe. Each of the girls will testify to improper sexual contact against them by Epstein in circumstances eerily similar to Jane Doe's — a common "modus operand'," None of the girls had massage experience although each physical encounter with Epstein included a massage. These other girls understand what was meant when Epstein and his conspirators used their common terms, "work" and "massage". None of these girls were prostitutes before meeting Jeffrey Epstein. Each pf the underage girls were paid cash by Epstein in exchange for sexual perforrt5afg. Each was lead into the same home; each was lead into the same bedroo as lead to the same "massage room" within the bedroom. Epstein had similarNecnversations with each of them. Their physical appearance was similar and such that Epstein could not have reasonably believed that they were 18 years of age or older when he was sexually abusing them. While this notice provides the substance of the testimony of 15 girls, at trial Jane Doe intends to offer the testimony of only a few girls --- approximately 7 to 10 girls. The 8 EFTA02760811 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 9 of 19 CASE NO: 08-CV-80893•MARR& expected length of the testimony of each of these girls is 20 to 30 minutes of direct testimony. As such, the direct testimony can easily be covered in less than one full trial day. C.W.' -- When she was 14 years old, she was brought to Epstein's \home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts viith her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. Epstein also demanded that she bring him other underage girls, and Epstein and his co-conspirators used the telephone to contact her to entice or induce her into going to his house for sex/prostitution. C.L. — When she was approximately 15 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. Epstein also demanded that she bring him To preserve the privacy of these girls, they will be identified by initials. Epstein is well aware of the full names of these girls, which will be provided to him by Jane Doe's counsel. 9 EFTA02760812 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 10 of 19 CASE NO: 08-CV-80893-MARFtA l other underage girls, and Epstein and his co-conspirators used the telephone to contact her to entice or induce her into going to his house for sex/prostitution. A.H. — When she was approximately 16 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence: Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. Epstein also demanded that she bring him other underage girls, and Epstein and his co-conspirators used the telephone to contact her to entice or induce her into gotn house for sex/prostitution. S.G. — When she was'a ately 14 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a mino/ at his house - topless or completely nude massage on Epstein; Epstein used 4 .\ in her Tence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. Epstein and his co-conspirators used the telephone to contact her to entice or induce her into going to his house for sex/prostitution. n her vagina; Epstein masturbated in her presence; Epstein ejaculated 10 EFTA02760813 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 11 of 19 CASE NO: 08-CV-80893-MARRA. A.D. — When she was approximately 16 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. Epstein also demanded that she bring him other underage girls, and Epstein and his co-conspirators used the telephone to contact her to entice or induce her into going to his house for sex/prostitution. V.A. - When she was approximately 13 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on one occasion. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina: Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on Nadia Marcinkova in Epstein's presence. N.R. — When she was approximately 17 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on one occasion. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a 11 EFTA02760814 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 12 of 19 CASE NO: 08-CV-80893-MARRA vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. J.S. — When she was approximately 16 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. V.Z. -- When she was approximately 16 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. Epstein also demanded that she bring him other underage girls, and Epstein and his co-conspirators used the telephone to contact her to entice or induce her into going to his house for sex/prostitution. 12 EFTA02760815 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 13 of 19 CASE NO: 08-CV-80893-MARa J.A. -- When she was approximately 16 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. Epstein also demanded that she bring him other underage girls, and Epstein and his co-conspirators used the telephone to contact her to entice or induce her into going to his house for sex/prostitution. F.E. -- When she was approximately 16 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a minor at his house --topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epl. touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on Nadia Marcinkova in Epstein's presence. Epstein and his co-conspirators used the telephone to contact her to entice or induce her into going to his house for sex/prostitution. M.L. -- When she was approximately 16 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on one 13 EFTA02760816 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 14 of 19 CASE NO: 08-CV-80893-MARRA. occasion. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes4g ring her tsexual organs; was made to perform sex acts on Epstein; made to per sex acts on 0 in Epstein's presence. M.D. -- When she was approximately 16 years old, she Ca s tk•ought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched h east or buttock or vagina or the clothes covering her sexual organs; was ma to rm sex acts on Epstein; made to perform sex acts on in Ep ' ' presence. D.D.--When she was approximately 16 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. Epstein and his co-conspirators used the 14 EFTA02760817 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 15 of 19 CASE NO: 08-CV-80893-MARRA telephone to contact her to entice or induce her into going to his house for sex/prostitution. D.N. -- When she was approximately 17 years old, she was brought to Epstein's home by another underage victim. While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one or more of the following acts with her while she was a minor at his house - topless or completely nude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epstein ejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothes covering her sexual organs; was made to perform sex acts on Epstein; made to perform sex acts on in Epstein's presence. Epstein also demanded that she bring him other underage girls, and Epstein and his co-conspirators used the telephone to contact her to entice or induce her into going to his house for sex/prostitution. Defendant Jeffrey Epstein -- The final witness Jane Doe intends to call to provide direct evidence of sexual abuse is obviously defendant Jeffrey Epstein. Defendant Epstein knows about the acts of abuse that he inflicted on Jane Doe and the other girls. Jane Doe plans to ask him to admit the truth and accuracy of her testimony — as well as the truth and accuracy of the testimony of the other girls described above. Jane Doe, of course, plans to ask him questions on other subjects as well (such as the tape recorded interview he gave to The Daily News). Jane Doe will also have Epstein authenticate many of the exhibits that she is using (either directly or by taking the Fifth, whichever his choice). For example, Epstein will authenticate the Daily News tape recording, all of the 15 EFTA02760818 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 16 of 19 CASE NO: 08-CV-80893-MARRA discovery provided in state and federal criminal investigations against him, and other materials. Indirect Testimony In addition to the direct testimony described above, Jane Doe al i tends to offer what might be called indirect or circumstantial evidence supportin accuracy of her testimony and that of the other girls. It is not clear that R polies to such indirect or circumstantial evidence. Out of an abundance o on, however, Jane Doe hereby gives notice that she will be calling A wi who will corroborate the testimony of the girls. The most important of these At44es are: Alfredo Rodriguez — The Court is familiar with Mr. Alfredo Rodriguez, having sentenced him for activities associated with this case. His testimony is described at greater length in Jane Doe's Motion for a Writ Ad Testificandum, case no. 9:08-cv- 80893, doc. #181. In brief, Mr. Rodriguez saw numerous underage girls coming into Epstein's mansion for purported "massages." Mr. Rodriguez was aware that "sex toys" and vibrators were found in Epstein's bed room after the purported massages. ,-- , / \ Rodriguez thoUght this was wrong, given the extreme youth of the girls he saw. In addition, Mr. Rodriguez will testify about "The Holy Grail" — a book he kept containing the names of apparently minor girls who were sexually abused by Epstein. Most (if not all) of the girls listed above are found in the black book. was one of Epstein's household employees. Jane Doe intends to call her to confirm Epstein's plan for telephoning the girls before each act of abuse and requesting a purported "massage." Further details of her the substance of 16 EFTA02760819 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 17 of 19 CASE NO: 08-CV-80893-MARa the testimony Jane Doe hopes to elicit through her are found in Jane Doe's Civil RICO statement, case no. 9:08-cv-80893-KAM, doc. #38, exh. 1. (= invoked the Fifth Amendment at her deposition.) has been described by Epstein as "his sex slave." also participant in some of the sexual activity with Epstein and young girls, as noted above. Further details of her the substance of the testimony Jane Doe hopes to elicit through her are found in Jane Doe's Civil RICO statement, case no. 9:08-cv-80893-KAM, doc. #38, exh. 1. invoked the Fifth Amen dment at her deposition.) Detective Recarey and Former Chiet‘;•lep Reiter of the Palm Beach Police \ Department - These police officers helped conduct the criminal investigation into defendant Epstein's sexual abuse. They will provide testimony about their investigation, and the evidence that they obtained, which will corroborate Jane Doe's and the other girls testimonies. The substance of their testimony is also contained in their depositions in this case and related cases. 0 Need for Prior Hearing on the Girls Testimony Lion to Continue Trial, case no. 08-cv-80893, doc. #185, defendant Epstein see s to suggest that the Court will need to hold some sort of burdensome pre- trial hearing before admitting the testimony of these girls. Id. at 5. No such hearing is required. See, e.g., v. Elk Lake School Dist., 283 F.3d 138, 152-53 (3rtl Cir. 2002) (to admit evidence under Rule 415, a trial judge need only decide, as with any other piece of evidence, that " under Rule 104(b) . . . a reasonable jury could find by a 17 EFTA02760820 Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 18 of 19 CASE NO: 08-CV-80893-MARRA preponderance of the evidence that the past act was an 'offense of sexual assault' under Rule 413(d)'s definition and that it was committed by the defendant.""). There is ample evidence from which to infer that a reasonable jury could find the statements of the girls to be accurate, including defendant Epstein's invocation of 'the Fifth Amendment rather than answer questions about them, as well as the identical "modus operandi" to which all of the girls will testify and the evidence that was taken from Epstein's home supporting same. CONCLUSION Jane Doe has complied with the notification requirements of Rule 415 by providing the notice herein. DATED: July 2, 2010 18 Respectfully Submitted, AFFE, WEISSING, , FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Telephone (954) 524-2820 Facsimile (954) 524-2822 Florida Bar No.: 542075 E-mail: brad@pathtojustice.com and Paul G. Cassell Pro Hac Vice 332 S. 1400 E. Salt Lake City, UT 84112 Telephone: 801-585-5202 Facsimile: 801-585-6833 E-Mail: cassellp@law.utah.edu EFTA02760821 Jack Alan Goldberger, Esq. Jqoldbercieraaowcia.com Robert D. Critton, Esq. rcrittonabcIclaw.com Isidro Manual isidrociarciaabellsout Michael James Pike MPikeabcIclaw.com PaulAalbtkatti casseitiliataW.utah.com Case 9:08-cv-80893-KAM Document 197 Entered on FLSD Docket 07/02/2010 Page 19 of 19 CASE NO: 08-CV-80893-MARa CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 2, 2010 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 on 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 filed Notices of Electronic Filing. SERVICE LI "l§c Jane Doe v. Jeffrey Epstein United States District Co rt, tthern District of Florida (s, 19 EFTA02760822 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 1 of 12 CASE NO: 08-CV-80893-MARRa Plaintiff Jane Doe's Notice Regarding Similar Acts of Sexual Assault EFTA02760823 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 2 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 08-CV-80893-MARRS JANE DOE, Plaintiff vs. JEFFREY EPSTEIN. Defendant PLAINTIFF, JANE DOE'S DISCLOSURE PURSUANT TO FED.R.CIV.P. 26(a)(1)(A-D) COMES NOW the Plaintiff, Jane Doe, by and dardttier undersigned counsel, and files this disclosure pursuant to Fed.R.Civ.P. 26(a)( c A and states as follows: 140 A. Witnesses: 1. Jane Doe do Brad 2028 Suite 202 Hollywood, F! 954-41 3 ?s, 33020 tes Ptaintit f - information regarding Defendant, Jeffrey Epstein's conduct that is the subject of this action n\ lessi Address unknown at this time ___ —Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action 3. Maria Alessi Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action EFTA02760824 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 3 of 12 4. Jim Baca Address unknown at this time Telephone number unknown at this time Knowledge concerning Defendant, Jeffrey Epstein's conduct and finances 5. Janusz Banasiak Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this ion 6. Black Address unknown at this time Telephone number unknown at this time Knowledge concerning Defendant, Jeffrey Ep 7. Keith Blumberg Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's cond 8. Brice (last name unknown at this e Address unknown at this time Telephone number unknow i Knowledge of Def 's nduct that is the subject of this action Coli)n uct and finances e subject of this action 9. Campos Address unknow Telephone nu wn at this time Know dge of endant's conduct that is the subject of this action 10. Jimmy Ai cc eress epho umber unknown at this time Knowledge concerning Defendant, Jeffrey Epstein's conduct and finances wn at this time lia (last name unknown at this time) Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action 12. Maximilia Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action EFTA02760825 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 4 of 12 13. Valdson Cotrim Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action 14. John Cunningham 353 El Brillo Way West Palm Beach, Florida Knowledge of Defendant's conduct that is the subject of this tion 15. Ellen Cunningham 353 El Brillo Way West Palm Beach, Florida Knowledge of Defendant's conduct that is the j 16. Dave (last name unknown at this time) Address unknown at this time Telephone number unknown at this time \ t? Knowledge of Defendant's cond t i e subject of this action (pilot for Defendant) 17. Ryan Dionne H\Address unknown at this ti Telephone number unkno is ime Knowledge of QEl dan conduct that is the subject of this action 18. Jenn= Address unkn a line l'elephone nu her own at this time Knowl f Defendant's conduct that is the subject of this action is action 19. Michael iednan Address u own at this time *elh number unknown at this time r Knowledge of Defendant's conduct that is the subject of this action osalie Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action 21. Eric Gany Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's finances that is the subject of this action EFTA02760826 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 5 of 12 22. Leslie Groff Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action 23. Nicole Hessey Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this ion 24. Jennifer (last name unknown at this time) Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the stibj of his action 25. Jojo (last name unknown at this time) Address unknown at this time 917-975-4500 Defendant's staff member in NeelAwIt ith knowledge of Defendant's inappropriate conduct with ttrdctage girls .)" 26. Karen (last name unknown at Address unknown at this tim Telephone number unknown axis time Knowledge of conduct that is the subject of this action 27. Address unknown at thirtime Telephone number unknown at this time Knowledgerof Defendant's conduct that is the subject of this action 28. Hewn Ki ress u own at this time one number unknown at this time Knowledge of Defendant's conduct that is the subject of this action ary Address unknown at this time Telephone number unknown at this time Knowledge concerning Defendant. Jeffrey Epstein's conduct and finances 30. Bella Klein Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's finances that is the subject of this action EFTA02760827 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 6 of 12 31. L.M. do Brain. & Associates 2028 Street Suite 202 Hollywood, Florida 33020 954-414-8033 Information regarding Defendant, Jeffrey Epstein's conduct that is the subject of this action 32. Adam= Lang Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the sub' action 33. Michael Liffman Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's condu subject of this action 34. Mark Lumberg Address unknown at this time 614-939-6005 Knowledge of DefenddhiSto uct that is the subject of this action 35. Cherie Address unknown a Telephone num at this time Knowl endant's conduct that is the subject of this action 36. (last nam own at this time) Address own at this time 917-856- 8 wledge of Defendant's conduct that is the subject of this action 37. di + dress unknown at this time elephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action 38. Ghislaine Maxwell Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action EFTA02760828 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 7 of 12 39. Brahalcmana t Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action 40. layarukshilMt Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action 41. David Mullen Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the sdbj _ of his action 42. Gary Nikolitis Address unknown at this time Telephone number unknown at this time Knowledge concerning Defend 43. David Norr Address unknown at this time Telephone number unknowheth Knowledge of Defendant's conduct that is the subject of this action 44. Bill Peadon _ Address unknown-at this time Telephone nu ber u wn at this time Know!dge c befendant's conduct that is the subject of this action pstein's conduct and finances 45. Francis Address iirgoZwn at this time ephoKtn wtilmbeger ounknownfpefendaatntthsisctime uct that is the subject of this action + ipt, .me Pierre Address unknown at this time 561-704-2747 Knowledge of Defendant's conduct that is the subject of this action 47. Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action EFTA02760829 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 8 of 12 48. Governor Bill Address unknown at this time Telephone number unknown at this time Knowledge concerning Defendant, Jeffrey Epstein's conduct and finances 49. Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this it tion 50. Alfredo Rodriguez Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the 51. David Rogers Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's cond t • e subject of this action 52. /\ Address unknown at this time #C 6Telephone number unIcnownettt ig Knowledge of Defendant's conduct that is the subject of this action is action 53. Howard Rubenstein Address unknown at this time Telephone nu bet ur wn at this time Knowl fendant's conduct that is the subject of this action 54. Florena Address titticriSwn at this time ephonanumber unknown at this time Knowledge of Defendant's conduct that is the subject of this action N Rueda Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action 56. Joanna Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this action EFTA02760830 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 9 of 12 57. Santa Fe County Sheriff Solaro Address unknown at this time Telephone number unknown at this time Knowledge concerning Defendant, Jeffrey Epstein's conduct and finances 58. Alan Stopeck Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is the subject of this a ion 59. Mark Tafoya Address unknown at this time Telephone number unknown at this time Knowledge of Defendant's conduct that is thepdbj 60. Brent Tindall Address unknown at this time 917-601-4143 Knowledge of Defendant's cond t (s 'h e subject of this action 61. Larry Visosky Address unknown at this time Telephone number unlmowritth1 time Knowledge of Defefidant's conduct that is the subject of this action is action 62. Lelie Wexner Address unknow iTe Telephone nu wn at this time ICnowl ge cp cerning Defendant, Jeffrey Epstein's conduct and finances 63. All girl tBed in the attachment to the non-prosecution agreement that De endan J ey Epstein, has entered with the United States and all other ' 'lady- uated girls, whose identities Plaintiff will attempt to determine (and gard to whom Defendant, Jeffrey Epstein, has invoked the Fifth drnent rather than disclose their identities). All other then-minor girls (those not listed in the attachment to the non- prosecution agreement), whose identities Plaintiff will attempt to determine, with whom Defendant, Jeffrey Epstein, has engaged in sexual activity. 65. FBI agents, whose names, addresses and telephone numbers are unknown at this time, that investigated the criminal case(s) and the allegations made against Defendant, Jeffrey Epstein. EFTA02760831 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 10 of 12 66. Palm Beach Police officers, whose names, addresses and telephone numbers are unknown at this time that investigated Defendant, Jeffrey Epstein, for criminal conduct. 67. State Prosecutors, whose names, addresses and telephone numbers are unknown at this time, including but not limited to: (a) ASA Lanna Leigh Belohlavek State Attorney's Office 15th Judicial Circuit (b) ASA Weiss State Attorney's Office 15th Judicial Circuit Cth68. United States' Prosecutors, whose names, addresses lephone numbers are unknown at this time, including but not limi (a) AUSA Ann C. Villafafia. United States Attorney's Office\ 500 South Australian Ave 561-820-8711 West Palm Beach, Rod,1 69. All accountants, boo Sic, b en, financial institutions, representatives, real estate advisors, fin ers, employees, governmental persons or entities, and unknown oth have discoverable information related to Defendant, Jeffrey EpsteitjChet and finances. 70. Any and all ji ue s and/or entities identified through discovery having any Defendant, Jeffrey Epstein's charitable, political or other donations pest. 71. all persons and/or entities identified through discovery that were sued in p st by the Defendant, Jeffrey Epstein, and/or by any company or entity that Defendant, Jeffrey Epstein, owned and/or managed Reporters and other media persons, whose names, addresses and telephone numbers are unknown at this time. 73 All other witnesses learned through discovery process. B. Exhibits: I. Palm Beach Police Department report and documents contained within Defendant, Jeffrey Epstein's, criminal files EFTA02760832 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 11 of 12 2. All documents and pleadings from all criminal and civil cases filed on behalf of Jeffrey Epstein or his corporations and against Jeffery Epstein or his corporations C. Computation of dimmest 1. Physical, psychological and psychiatric injuries and resulting medical expenses — precise amount yet to be computed, but not less than $15,000.00. 2. Past, present and future pain and suffering, mental anguish, umiliation, embarrassment, loss of self-esteem, loss of dignity and invasi rivacy — precise amount yet to be computed, but not less than $10,000 3. Past and future lost wages and past and future loss of e ity and actual earnings — precise amounts yet to be computed, but n $1,000,000.00. 4. Punitive Damages - to be based upon all releva fac eluding the egregious and criminal nature of Defendant, Jeffrey ter conduct and the need for a large award to punish and deter conduct i i o i e vast wealth of Defendant, Jeffrey Epstein, in an amount not less ,000.00 WE HEREBY CERTIFY that a true o copy of the above and foregoing Disclosure Pursuant to Fed.R.Civ.P. 26(a been provided by United States mail and facsimile transmission to all counsel entified below this 19th day of November, 2008, and that no copy has been filed Robert D. Critton, Jr. Michael J. Pike, Esqu Burman, Critto t & Coleman, LLP 515 North lagle ve Suite West ch, Florida 33401 k Alan Goldberger, Esquire A erburty, Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach. Florida 33401 jagesqg bellsouth.net EFTA02760833 Case 9:08-cv-80893-KAM Document 197-1 Entered on FLSD Docket 07/02/2010 Page 12 of 12 Michael R. Tein, Esquire Tein, P.L. 3059 Grand Avenue Suite 340 Coconut Grove, Florida 33133 tein@lewistein.com By: Respectfully Submitted, THE LAW OFFICE OF BRAD ASSOCIATES, LLC Brad , EsquirC Attorney for Plai • Florida Bar N 2028 Harris Suite 2 Holl Tel da 33020 954-414-8033 954-9244530 be @bradedwards I aw.cont Pall G. Cassell tomey for Plaintiff Pro Hac Vice 332 S. 1400 E. Salt Lake City, UT 84112 Telephone: 801-585-5202 Facsimile: 801-585-6833 E-Mail: cassel fp@ law .utalLedu EFTA02760834