Epstein Secrets

O: 08-CV-80119-MARRA/JOHNSON 6 Cassell, Esq., that Jane Doe initially filed. To the extent that any of the information provided in the Cassell affidavit was hearsay, that problem has now disappeared in view of the Declaration signed by Epstein that Jane Doe is providing to the Court. The

[email protected] Jack Patrick Hill [email protected] Katherine Warthen Ezell [email protected] Michael James Pike [email protected] Paul G. Cassell [email protected] Richard Horace Willits [email protected] Robert C. Josefsberg [email protected] Adam D. Horowitz ahorow

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

une, 2009. Respectfully Submitted, s/ Bradley J. Edwards Bradley J. Edwards ROTHSTEIN ROSENFELDT ADLER Las Olas City Centre AC14 I OCfl And Paul G. Cassell Pro Hac Vice Ll 19 EFTA00234889 Case 9:08-cv-80119-KAM Document 165 Entered on FLSD Docket 06/19/2009 Page 20 of 41 CASE NO: 08-CV-80119-MA

red on FLSD Docket 06/19/2009 Page 28 of 41 I swear the foregoing to be truthful under the penalty of perjury. FURTHER THE AFFIANT SAYETH NAUGHT. aul G. Cassell EFTA00234898 Case 9:08-cv-80119-KAM Document 165 Entered on FLSD Docket 06/19/2009 Page 29 of 41 UNITED STATES DISTRICT COURT SOUTHERN DISTRI

financial sophistication. See Affidavit of Paul Cassell at ¶ 2 Attachment A to this Pleading. 3. Accord

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

sel for Plaintiff in Related Case No. 08-80893 ounse or amttj s In related Cases Nos. 08-80069, 08-80119, 08-80232, 08-80380, 08-80381, 08-80993, Paul G. Cassell, Esq. 08-80994 Richard Horace Willits, Esq. Richard H. Willits, P.A. Counsel for Plaintiff in Related Case No. 08-80811 Jack Scarola, Esq. Jac

eavily on the affidavit Jane Doe's own counsel. ate Affidavit of Paul Cassell, Esq., attached as Exhibit A to the Injunction Motion (DE #165). Mr. Cassell's affidavit is riddled with hearsay, speculation, conjecture and unsupported assumptions and does not contain one material "fact" based on his pers

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