Epstein Secrets

ut the complained-of conduct.” Special Purpose Accounts Receivable Co-op Corp. v. Prime One Capital Co., .L.L.C, 2007 WL 4482611 (S.D. Fla. 2007) (Marra, J.). Obtaining information about the whereabouts of Epstein’s assets is particularly difficult, given his financial sophistication in structurin

dant’s] seemingly blanket invocation of the privilege against self-incrimination.” Custer Battles, 41 F.Supp.2d at 634-35 (emphasis added). Thus, Custer Battles cautioned against drawing inferences about other people’s state of mind via an adverse inference from defendant Morris’ invocation of his Fifth Amen

such an inference is somehow not proper under the test laid out by United States v. Custer Battles, LLC, 415 F.Supp.2d 628, 633 (E.D. Va. 2006). Custer Battles lays out a two-prong test for deciding whether a factfinder can appropriately draw an adverse inference. The first prong is whether there is “a vali

UTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFRE

some relief to the civil litigant whose case is unfairly prejudicial by a witness' assertion of the Fifth Amendment privilege ..." United States v. Custer Battles, L.L.C., 415 F. Supp. 2d 628, 632 (E.D. Va. 2006); accord Basler v. Palmigiano, 425 U.S. 408, 318 (1976) ("the Fifth Amendment does not forbid adver

FFREY EPSTEIN, Defendant. CASE NO.: 08-cv-80119-MARRA/JOHNSON CASE NO.: 08-CV-80232-MARRA/JOFINSON CA

ly be drawn when independent evidence exists of the fact to which the party refuses to answer." Id. at 635 (emphasis added) (citations omitted). In Custer Battles. LLC unlike the instant case, the court found the record contained "ample evidence of Morris' involvement in the [fraudulent) billing ... which in

UTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFRE

some relief to the civil litigant whose case is unfairly prejudicial by a witness' assertion of the Fifth Amendment privilege ..." United States v. Custer Battles, L.L.C., 415 F. Supp. 2d 628, 632 (E.D. Va. 2006); accord Basler v. Palmigiano, 425 U.S. 408, 318 (1976) ("the Fifth Amendment does not forbid adver

he is transferring them to. Cf. Special Purpose Accounts Receivable Co-op Corp. v. Prime One Capital Co., L.L.C., 2007 WL 4482611 (S.D. Fla. 2007) (Marra, J.) (refusing to 15 EFTA00234885 Case 9:08-cv-80119-KAM Document 165 Entered on FLSD Docket 06/19/2009 Page 16 of 41 CASE NO: 08-CV-80119-MA

lege without placing the witness in the 'cruel trilemma' of choosing among incrimination, perjury, or contempt." United States ex rel. DRC, Inc. v. Custer Battles, LLC, 415 F.Supp.2d 628, 633 (E.D. Va. 2006). The Eleventh Circuit has not hesitated to support district courts that draw an adverse inference from