Epstein Secrets

st to a defendant of treating his claim of privilege as an admission would be to excuse a plaintiff of presenting proof of his claim; "[ w ]e think Baxter indicates that this is too great a cost"). As Jane Doe fails to present any independent evidence of fraudulent transfer, the Court must deny her re

ge without requiring the complainant to produce evidence in support of its allegations would impose too great a cost and exceed the authorization of Baxter [v. Palmigiano, 425 U.S. 308 (1976)]." See LaSalle Bank Lake View, 54 F.3d at 391; see also National Acceptance v. Bathalter, 705 F.2d 924, 931-32

to Jane Doe's Injunction Motion Page 7 of24 Italian and Swiss investors. Id. '1[6. This statement is obviously intended to associate Epstein with Bear Sterns, a tarnished financial institution apparently involved in questionable international transactions in the 1980's, to somehow suggest Epstein is frau

wenty-eight years ago, in 1981, and that Epstein was merely questioned because the SEC believed "Epstein had information on insider trading at Bear Sterns." The foregoing assertions in Mr. Cassell's affidavit have absolutely no bearing on Jane Doe's Injunction Motion. Then, Mr. Cassell goes beyond the

e to permit an adverse inference to be drawn from exercise of the privilege does not implicate the policy considerations underlying the privilege." Baxter v. Palmigiano, 425 U.S.308, 335 (1976). An adverse inference is entirely justified in this case. Epstein has remained silent when asked such strai

ut Jeffrey Epstein, he is a billionaire and owner of a private island in the Virgin Island (Little St. James Island), and was a financial trader at Bear Steams. He then founded his own financial management firm, J. ..-- EXHIB\1 ~ Case 9:08-cv-80119-KAM Document 165 Entered on FLSD Docket 06/19/2009

s and Emery Air Freight. 6. According to the Vanity Fair article, before working with Wexner and Hoffenberg, defendant Jeffrey Epstein worked with Beam Stearns. He left the firm very suddenly in 1981 after being questioned by S.E.C. investigators in an insider trading scandal involving several Italian and

e may be drawn in a civil case from a defendant’s refusal to testify or respond to discovery by invoking the privilege against self incrimination. Baxter v. Palmigiano, 425 U.S. 308, 318-20 (1976). He instead asserts that there is a “recognized exception” that applies in a case where the adverse infe

AM Document 81 Entered on FLSD Docket 04/20/2009 Page 4 of 11 potential sources of information and to produce those sources.” Id. at 41. In Bear Sterns, the Court explained that the facts of Hubbell were unique and do not support a blanket, all-encompassing assertion by a witness or party that the

declares that in so doing he would incriminate himself; his assertion does not of itself establish the hazard of incrimination. Id. at 684. In Bear Sterns, the Court found that the defendant failed to meet his burden in asserting the privilege against self-incrimination in response to a request for pro

ge without requiring the complainant to produce evidence in support of its allegations would impose too great a cost and exceed the authorization of Baxter v. Palmigiano, 425 U.S. 308 (1976)]." See LaSalle Bank Lake View, 54 F.3d at 391; see also National Acceptance v. Bathalter, 705 F.2d 924, 931-32 (

his untenable connection. Similarly, Mr. Cassell states that Epstein was questioned by the SEC in 1981 regarding an insider trading investigation at Bear Steams involving EFTA00221934 Case 9:08-cv-80119-KAM Document 198 Entered on FLSD Docket 07/13/2009 Page 7 of 24 Jane Doe v. EDSICia Case No. 08-CV-

tely twenty-eight years ago, in 1981, and that Epstein was merely questioned because the SEC believed "Epstein had information on insider trading at Bear Sterns." The foregoing assertions in Mr. Cassell's affidavit have absolutely no bearing on Jane Doe's Injunction Motion. Then, Mr. Cassell goes beyond the

is . . . evidence of the most persuasive character." United States ex rd. Biloktanskyl. Tod. 263 U.S. 149, 153-54 (1923) (Brandeis, J.), quoted in Baxter". Pahnigiano, 425 U.S 308, 319 (1976). And that silence takes on an even more sinister cast when combined with the fact that Epstein's sexual intere

d his successes without the personal guidance and support of others. These key people first identified the promise in Mr. Epstein and brought him to Bear Steams and Company, Inc. There, starting in 1976 at the age of 23 as a floor trader's junior assistant, he became in 1980 a limited partner. Among the ver