TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 1 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 2 WEST PALM BEACH DIVISION 3 CASE NO. 08-80119-CIV-MARRA ____________________________ 4 | WEST PALM BEACH, FLORIDA JANE DOE, et al., | 5 | Plaintiffs, | JUNE 12, 2009 6 | vs. | 7 | JEFFREY EPSTEIN, | 8 | Defendant. | 9 ____________________________x 10 TRANSCRIPT OF MOTION HEARING 11 BEFORE THE HONORABLE KENNETH A. MARRA, UNITED STATES DISTRICT JUDGE 12 APPEARANCES: 13 FOR THE PLAINTIFFS: ADAM D. HOROWITZ, ESQ. 14 Mermelstein & Horowitz 18205 Biscayne Boulevard 15 Miami, FL 33160 305.931.2200 For Jane Doe 16 BRADLEY J. EDWARDS, ESQ. 17 Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard 18 Fort Lauderdale, FL 33301 Jane Doe 3, 4, 5, 6, 7 19 954.522.3456 20 ISIDRO M. GARCIA, ESQ. Garcia Elkins Boehringer 21 224 Datura Avenue West Palm Beach, FL 33401 22 Jane DOE II 561.832.8033 23 RICHARD H. WILLITS, ESQ. 2290 10th Avenue North 24 Lake Worth, FL 33461 For C.M.A. 561.582.7600 25 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 1 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 2 1 ROBERT C. JOSEFSBERG, ESQ. 2 Podhurst Orseck Josefsberg 25 West Flagler Street 3 Miami, FL 33130 For Jane Doe 101 305.358.2800 4 (Via telephone) 5 KATHERINE W. EZELL, ESQ. Podhurst Orseck Josefsberg 6 25 West Flagler Street Miami, FL 33130 7 For Jane Doe 101 305.358.2800 8 FOR THE DEFENDANT: ROBERT D. CRITTON, JR., ESQ. MICHAEL BURMAN, ESQ. 9 Burman Critton, etc. 515 North Flagler Street 10 West Palm Beach, FL 33401 561.842.2820 11 JACK A. GOLDBERGER, ESQ. 12 Atterbury Goldberger Weiss 250 Australian Avenue South 13 West Palm Beach, FL 33401 561.659.8300 14 ANN MARIE VILLAFANA, ESQ. 15 Assistant U.S. Attorney 500 East Broward Boulevard 16 Fort Lauderdale, FL 33394 For U.S.A. 954.356.7255 17 MARTIN G. WEINBERG, ESQ. 18 20 Park Plaza Boston MA 02116 19 (Via telephone) 617.227.3700 20 JAY LEFKOWITZ, ESQ. (Via telephone) 21 REPORTED BY: LARRY HERR, RPR-RMR-FCRR-AE 22 Official United States Court Reporter Federally Certified Realtime Reporter 23 400 North Miami Avenue, Room 8N09 Miami, FL 33128 305.523.5290 24 25 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 2 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 3 1 THE COURT: We are here in the various Doe vs. Epstein 2 cases. 3 May I have counsel state their appearances? 4 MR. HOROWITZ: Adam Horowitz, counsel for plaintiffs 5 Jane 2 through Jane Doe 7. 6 THE COURT: Good morning. 7 MR. EDWARDS: Brad Edwards, counsel for plaintiff Jane 8 Doe. 9 THE COURT: Good morning. 10 MR. GARCIA: Good morning, Your Honor. Sid Garcia for 11 Jane Doe II. 12 THE COURT: Good morning. 13 MR. WILLITS: Good morning, Your Honor. Richard 14 Willits, here on behalf of the plaintiff C.M.A.. 15 THE COURT: Good morning. 16 MS. EZELL: Good morning, Your Honor. I'm Katherine 17 Ezell from Podhurst Orseck, here with Amy Adderly and Susan 18 Bennett, and I believe my partner, Bob Josefsberg, is going to 19 appear by telephone. 20 THE COURT: Mr. Josefsberg, are you there? 21 MR. JOSEFSBERG: I am, Your Honor. 22 THE COURT: Good morning. 23 MR. JOSEFSBERG: Good morning. 24 THE COURT: All right. Do we have all the plaintiffs 25 stated their appearances? Okay. Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 3 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 4 1 Defense? 2 MR. CRITTON: Your Honor, Robert Critton on behalf of 3 Mr. Epstein, and my partner, Michael Burman. 4 THE COURT: Good morning. 5 MR. GOLDBERGER: Good morning, Your Honor. Jack 6 Goldberger on behalf of Mr. Epstein. 7 THE COURT: I see we have some representatives from 8 the United States Attorney's Office here. 9 MS. VILLAFANA: Good morning, Your Honor. Ann Marie 10 Villafana for the U.S. Attorney's office. 11 THE COURT: Good morning. 12 Who else do we have on the phone? 13 MR. CRITTON: Your Honor, we have two members of the 14 defense team are on the phone, also. 15 THE COURT: Who do we have on the phone? 16 MR. WEINBERG: Martin Weinberg. Good morning, Your 17 Honor. 18 MR. LEFKOWITZ: Jay Lefkowitz. Good morning, Your 19 Honor. 20 THE COURT: Good morning. 21 I scheduled this hearing for very limited issues 22 which, as you all know, there's been a motion by Mr. Epstein to 23 stay the civil proceedings against him. The one issue I have 24 concern about is Mr. Epstein's contention or assertion that by 25 defending against the allegations in the civil proceedings, he Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 4 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 5 1 may expose himself to an allegation by the United States in the 2 non-prosecution agreement that he's violated that agreement and 3 therefore would subject himself to potential federal charges. 4 I had asked for some briefing on this. I asked the 5 United States to present its position to me. And I received 6 the Government's written response, which I frankly didn't find 7 very helpful. And I still am not sure I understand what the 8 Government's position is on it. 9 So first let me hear from Mr. Epstein's attorneys as 10 to what do you believe the concern is. I don't believe the 11 non-prosecution agreement has ever been filed in this Court; am 12 I correct? 13 MR. CRITTON: To my knowledge, Your Honor, it has not. 14 THE COURT: So I don't believe I've ever seen the 15 entire agreement. I've seen portions of it. 16 MR. EDWARDS: Your Honor, I believe that it was filed 17 under Jane Doe 1 and 2 vs. United States of America, case under 18 seal in your court. 19 THE COURT: Okay. 20 MR. EDWARDS: In a separate case. 21 THE COURT: In that case, okay. Was it actually filed 22 in that case? 23 MR. EDWARDS: I filed it under seal. 24 THE COURT: In any event, what's Mr. Epstein's concern 25 about if you defend the civil actions, you're going to expose Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 5 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 6 1 yourself to a claim for a breach by the United States of the 2 non-prosecution agreement? 3 MR. CRITTON: Robert Critton. 4 Your Honor, our position on this case is, I'd say is 5 somewhat different. When this issue originally came before the 6 Court, as you are aware prior to my firm's involvement in the 7 case, there was a motion filed on behalf of Mr. Epstein seeking 8 a stay. And I think it was in Jane Doe 102 and then 9 subsequently Jane Doe 2 through 5 because all of those cases 10 were filed on or about the same time. 11 And at that time the Court looked at the issue and it 12 was based upon a statutory provision at that time. And the 13 Court said I don't find that it's applicable, or for whatever 14 reason I think the Court said I don't consider that to be a 15 pending proceeding or a proceeding at that particular time. 16 In that same order, which was in Jane Doe 2, I 17 believe it's -- not I believe, I know it's docket entry 33, the 18 Court also went on to talk about at that particular point in 19 time dealt with the issue of the discretionary stay. 20 And the Court said at that time, I'm paraphrasing, but 21 the Court also does not believe a discretionary stay is 22 warranted. And what the Court went on to say is that if 23 defendant does not breach the agreement, then he should have no 24 concerns regarding his Fifth Amendment right against 25 self-incrimination. Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 6 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 7 1 The fact that the U.S. Attorney or other law 2 enforcement officials may object to some discovery in these 3 civil cases is not in and of itself a reason to stay the civil 4 litigation, so that any such issue shall be resolved as they 5 arise in the course of the litigation. 6 And I would respectfully submit to the Court that the 7 position that the Government has taken in its most recent 8 filings changes the playing field dramatically. Because what 9 the Government in essence has said as distinct from the U.S. 10 saying is, well, we object to some discovery, or we may object 11 to some discovery in the civil cases. 12 What they have, in essence, said is if you take some 13 action, Mr. Epstein, that we believe unilaterally, and this is 14 on pages 13 and 14 of their pleading or of their response memo 15 to the Court's inquiry, they say if Mr. Epstein breaches the 16 agreement. They said it's basically like a contract, and if 17 one side breaches, the other side can sue. 18 In this instance what the Government will do is if we 19 believe that Mr. Epstein has breached the agreement, we'll 20 indict him. We will indict him. And his remedy under that 21 circumstance, which is an incredible and catastrophic catch 22 22 is, we'll indict him and then he can move to dismiss. That's a 23 great option. 24 In this particular instance my mandate in defending -- 25 and that's a dramatic change in the Government's position, Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 7 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 8 1 because the Government is not saying, and the Court was pretty 2 specific in what you asked the Government for in its response 3 is, in essence, and it's the same question in a more limited 4 fashion you're posing today is whether Mr. Epstein's defense of 5 the civil action violates the NPA agreement, the 6 non-prosecution agreement, between the U.S. and Mr. Epstein. 7 And the Government refuses to answer that question. 8 They won't come out and say, yes, it will, or no, it won't. 9 What they're doing is they want to sit on the sideline, and as 10 their papers suggest is, they want us to lay in wait and that 11 if, in fact, they believe he violates a provision of the NPA as 12 it relates to the defense of this case or these multitude of 13 cases, then they can come in and indict him -- no notice, no 14 opportunity to cure. 15 We don't think that's what the NPA says, but that's 16 certainly what their papers say. We'll indict him, no notice, 17 no opportunity to cure. We will indict him, and his remedy 18 under that circumstance is that he can move to dismiss the 19 indictment. 20 Well, that's great except Mr. Epstein, his mandate to 21 me and I know his mandate to his criminal lawyers, is: Make 22 certain I don't do anything, in particular in these civil cases 23 that would in any way suggest that I am in willful violation of 24 the NPA. 25 Now, in the Court's prior ruling in the docket entry Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 8 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 9 1 33, certainly some aspects of the NPA are within Mr. Epstein's 2 control. There's no question about that. But aspects that 3 relate to the defense of these cases, either in terms of the 4 civil lawyers who are defending these, I think there's 12 or 13 5 pending cases in front of you, there's another four cases in 6 the state court, is the risk is substantial, it's real, and it 7 presents a chilling effect for the civil lawyers in moving 8 forward to determine whether or not we're taking some action 9 that in some way may be a violation of the NPA. 10 And the Government's, again, refusal or non-position 11 with regard to past acts that have been taken in the civil case 12 with regard to the defense or future acts that we may take with 13 regard to these contested litigation casts an extraordinary 14 cloud of doubt and uncertainty and fear that the defense of 15 these cases could jeopardize Mr. Epstein and put him in the 16 irreparable position of violating the NPA and then subsequently 17 being indicted. 18 In this particular instance, again, Mr. Epstein has no 19 intention of willfully violating the NPA, but it's of great 20 concern to him. And I'd say with the position that the 21 Government has taken, no notice, no cure period, no opportunity 22 to discuss. Again, we think that's not what the NPA provides, 23 it's not what the deal was between the two contracting parties, 24 the United States and Mr. Epstein. But that's clearly what 25 their papers say under the circumstances, and it would create Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 9 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 10 1 this irreparable harm to Mr. Epstein under the circumstances. 2 In essence, we're left with a catch 22 in defending 3 the civil cases. We have a mandate to take no action, to take 4 any action which may be deemed to be a violation of the NPA, 5 either in the past or in the future, which would in any way 6 risk Mr. Epstein being indicted by the United States. 7 He has the clear risk of an indictment based upon the 8 papers that the Government filed. It's real, it's not remote, 9 and it's not speculative. It chills the action of the defense 10 in this instance of both Mr. Epstein and his attorneys in 11 trying to defend these cases and decide under the circumstances 12 can we do this, can we take this position with regard to 13 depositions, can we take this legal position with regard to 14 motions to dismiss, with regard to responses, with regard to 15 replies? 16 And we send out paper discovery. Is this in some way 17 if we contact someone who may be an associate of these 18 individuals as part of our investigation, is that potentially 19 in any way a violation of the NPA? Again, we don't think so. 20 And, obviously, again, my direction has been from my 21 client: Don't take any action that would result in me being 22 indicted under the NPA. Well, that's great. But, generally, 23 civil lawyers or civil lawyers in defending a personal injury 24 case or a tort case, which is exactly what these are, and from 25 a practical standpoint, we use various tools to do discovery. Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 10 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 11 1 They're standard. They're specific. They're very temporary. 2 Very typical. 3 But in this instance, as the Court knows, things are 4 not typical with regard to this case in any way, shape or form. 5 We can't even serve subpoenaes, there's objections and there's 6 -- we can't even serve objections to third parties so we can 7 obtain documents unless we have to filter it through the 8 plaintiffs' attorneys. They won't allow us to use their 9 clients' names, even in a subpoena that would never be filed in 10 the court. 11 How do we do a deposition of a third party? We wanted 12 to take the deposition of Jane Doe 4. Well, who is she? Well, 13 we can't tell you that. Well, who's the defendant? Well, we 14 can't tell you that because nobody wants anybody to know 15 anything about the case. They want to present it strictly 16 through rose-colored glasses. 17 And in this particular instance, we simply can't 18 defend this case or take certain action with the spector 19 hanging over us that, in fact, the Government may deem it to be 20 a violation of the NPA, because very clearly in their response 21 papers, they don't say. They say we don't take the position, 22 and then they take a substantial position is we think there's 23 not all that substantial factors that would entitle him to a 24 stay. 25 Except for the one major issue which the Court posed Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 11 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 12 1 in the question is, is can he defend these cases? That's what 2 I really want to know. Can he defend these cases and, in 3 essence, what he has done in the past or what his defense team 4 has done in the past and what they're going to do in the 5 future, can you give him, Epstein, assurances that the 6 Government under this situation, whatever he does, based on 7 advice of counsel, that that cannot be a willful violation of 8 the NPA, which they can -- they, the U.S. -- can then turn 9 around and say that's a violation of the agreement and, 10 therefore, we're going to go proceed to indict you under the 11 circumstances. 12 Our position is, Your Honor, is that the U.S. has now 13 cavalierly suggested that, as they did in picking up on the 14 court's docket entry or prior order, is, look, compliance with 15 the NPA is solely up to Mr. Epstein. In this type of balance 16 of equities, it doesn't speak in favor of a stay. 17 Well, that's great. And maybe that was the position 18 back in '08, on August 5th of '08, when the issue came up in 19 front of the Court with regard to the initial stay. 20 But the Government's papers under these circumstances 21 suggested a very different set of circumstances. Their own 22 unilateral, which is the issue that we argued in the motion for 23 stay, is that the Government's position is that we can 24 unilaterally indict this man if we think he's breached the NPA. 25 We don't think that's right, but we have no buffer Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 12 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 13 1 between us and the Government. They'll say, and as the Court 2 knows, the Government has substantial power. The Government 3 does what it wants. Most of the time hopefully they're right. 4 Sometimes they make mistakes. 5 But in this particular instance, my client has rights. 6 We think that there's notice provisions, we think there's cure 7 provisions under the NPA. That's not what their paper says 8 under the circumstances. 9 And what we'd like to know from the Government, and 10 maybe the answer is basically what the Court asks is, let the 11 Government come forward today and say, based on the knowledge 12 that we have, or as of today's date, June 12th, 2009, we, the 13 Government, agree that there is no set of circumstances, not 14 that we're not aware of, but as of today's date, there is 15 nothing that exists that would be a violation of the NPA. 16 THE COURT: Well, that's way beyond what I'm 17 interested in. I don't know what Mr. Epstein may have done 18 outside the context of defending this case that may constitute 19 a violation. And if he has done something outside the context 20 of defending this case that's a violation, I don't care. 21 That's between the United States and Mr. Epstein. 22 I'm only concerned about whether anything he does in 23 defending these civil actions is going to be a violation of the 24 non-prosecution agreement. If he has done something else, it's 25 none of my business, and I don't care, and I'm not going to Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 13 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 14 1 even ask the Government to give you an assurance that he hasn't 2 done anything that might have violated the agreement up till 3 today. I'm only interested in defending these civil actions. 4 MR. CRITTON: Then I would respectfully submit to the 5 Court that the Government be asked in that limited context, are 6 they as of today, whether there were or not, but as of today is 7 there anything that has been done or will you take the 8 position, the United States, that any position that Mr. Epstein 9 has taken with regard to defending these civil cases is in any 10 way a violation of the NPA? 11 THE COURT: Well, I'm not sure what they're going to 12 say, but that might -- that cures the problem up to this point. 13 But then we have to deal with what's going to happen from here 14 on in. And that's another issue that we have to deal with. 15 So I understand your position. 16 But has anyone suggested to you on behalf of the 17 United States that there is something that you've done in 18 defending this case that they believe may or could be construed 19 as a violation of the non-prosecution agreement? Has anyone 20 pointed to anything that you've done? For example, the fact 21 that you've wanted to take their -- I don't know if you've 22 noticed depositions or not in this case, but if you've sent 23 notice of taking deposition, if you sent requests for 24 production of documents, if you sent interrogatories, if you 25 issued third party subpoenas? Is anything you've done thus far Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 14 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 15 1 in the context of this case been brought to your attention as a 2 potential violation? 3 MR. CRITTON: I have received no notification nor am I 4 aware that we've received any notification of any action that 5 we have taken today. As I suggested to the Court, I don't know 6 when they've done or not. And in their papers they suggested, 7 well, we don't know everything that's gone on in the civil 8 litigation. 9 But from a practical standpoint, it was a number of 10 comments that were made in their papers is, we can indict, we 11 can see if there's a breach. 12 Judge, I may have some -- 13 THE COURT: Before you go on. 14 MR. CRITTON: I'm sorry. 15 THE COURT: You've focused a great deal on the 16 Government's response to my inquiry as supporting your position 17 that you're in jeopardy. But you've made the suggestion, even 18 before this brief was filed, that defending the case was going 19 to potentially result in an assertion or allegation that you 20 breached the non-prosecution agreement. 21 So what was it that caused you to make that initial 22 assertion? Because that's what caught my attention, was not -- 23 this brief that the Government has filed was in response to 24 something that you filed initially in your most recent motion 25 for a stay which raised the issue. Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 15 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 16 1 So what was it that gave you some concern to even 2 raise the issue that defending this case is going to constitute 3 a breach? 4 MR. CRITTON: Because there are other instances where 5 counsel other than myself, not in the civil aspects, where 6 allegations have been made and letters have been sent by the 7 United States suggesting that there's been a violation of the 8 NPA. And under those circumstances, some notification was 9 provided. 10 THE COURT: Did it have anything to do with defending 11 the civil actions? 12 MR. CRITTON: It did not. 13 THE COURT: So then why was that issue raised by you 14 in the first instance? 15 MR. CRITTON: Because of the prospect that the 16 defendant could take, that the U.S. would take the position 17 under the circumstances that a position that we took with 18 regard to the contested litigation may well impact, that the 19 Government may have a very different view of what the 20 interpretation of the agreement is. 21 And as an example is a number of the parties, and I 22 know the Court doesn't want to get into a discussion, the issue 23 is, is under 2255 is that from the defendant's perspective the 24 deal that was cut on that, it was a very specific deal. It 25 dealt with both consensual and contested litigation. It dealt Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 16 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 17 1 with a secret list of individuals who we had no idea who was on 2 the list, and a commitment that he would under certain 3 circumstances be required to pay a minimum amount of damages, 4 which our position is under 2255 based upon the statute that 5 was in effect at the time, a $50,000 as to anyone who wanted -- 6 who came forward who was on the list and met certain criteria. 7 The position that now has been asserted by a number of 8 the plaintiffs under the circumstances, and it's been pled, and 9 actually a number of the complainants is, is Epstein agreed, 10 and they cite to a letter that was sent by Ms. Villafana from 11 the Government, that says he has to plead guilty or he can't 12 contest liability. That may be true under very, very limited 13 or specific circumstances. 14 But what the plaintiffs have done in a number of the 15 cases, and these are pending motions, is they've said is, well, 16 we think C.M.A. cases is a good example, they've pled 30 17 separate counts of 2255 alleged violations. And they're saying 18 under the circumstances is, therefore, we have 2255 violations, 19 there's 30 of them, so 30 times 150, or should be, or whether 20 it's 150, that's the amount of money that we want, so maybe $15 21 million, or whatever the number is. 22 Some of the other plaintiffs' lawyers have been even 23 more creative. They've said is, well, we'll agree that it's 24 only one cause of action but that each number of violations; 25 that is, if 20 alleged incidents occurred, that we would Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 17 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 18 1 consider to be, or that we will argue are violations, then we 2 can take 20 times the 50, or the 150, depending on which 3 statute is applicable. 4 So the Government under that set of circumstance could 5 say, and, again, this is one of the reasons that we raised it, 6 they could say, look, our deal with you was that you couldn't 7 contest liability, that you were waiving liability, or your 8 ability to contest an enumerated offense under 2255. 9 Again, part of the deal was as to an enumerated 10 offense. Okay. Well, what's that mean? What did he plead to? 11 Well, he really didn't plead to anything, which is another 12 issue associated with the 2255. But if the Government comes in 13 and says, no, wait a minute, our position was, is that you're 14 stuck with 2255 and the language within the NPA. And, 15 therefore, whether it's an offense or whether it's multiple 16 offenses or violations or each one represents an individual 17 cause of action, if the Government takes the position that's 18 adverse to what we think the clear reading of the agreement was 19 under those circumstances, they could claim a violation. 20 And as a result -- and that's one of the reasons we 21 put -- that was the most glaring one to us, so we raised that 22 issue. And then when the Government's response came with 23 regard to, is we can just proceed to indict if we think that 24 there's been a breach of the agreement. 25 That puts us at substantial risk and chills our Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 18 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 19 1 ability to move forward. Thank you, Your Honor. 2 THE COURT: Thank you. Who wants to be heard from the 3 plaintiffs first? 4 Is there any plaintiff's attorney who is contending 5 that the defense of these civil actions by Mr. Epstein is going 6 to constitute a breach of the non-prosecution agreement? 7 MR. JOSEFSBERG: Your Honor, this is Bob Josefsberg. 8 May I speak? 9 THE COURT: Yes, sir. 10 MR. JOSEFSBERG: We're not quite confident that any 11 breaches of any agreement, which were third-party 12 beneficiaries, should be resolved by you. We're not saying it 13 shouldn't. But we have not raised any breach of agreement. We 14 think that is between the United States and Mr. Epstein. 15 What I find incredulous and disingenuous is that 16 Mr. Epstein is saying that he wants a stay because he may be 17 forced into taking actions in the defense of this case that 18 would violate the agreement. 19 And let me make our position clear on that. If he 20 wants to move to take depositions, interrogatories, production, 21 and they are according to your rulings appropriate, not 22 invasive of the privacy of someone, and they are relevant, then 23 I don't know how those could in any way be violations of the 24 agreement. 25 What I find hypocritical is that there are two parts Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 19 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 20 1 to the agreement that I am a beneficiary of. One of them is 2 that he has agreed that on any action brought in the 2255, he 3 will admit to liability. 4 And I received on May 26 a motion to dismiss, which 5 we're prepared to respond to and disagree with, but totally 6 contesting liability, saying that the statute doesn't apply 7 because the girls are no longer minors and saying, and this is 8 the great one, saying that the predicate of the conviction 9 under 2255 has not been satisfied. 10 Now, the understanding that I have is the agreement 11 between the Government and Mr. Epstein was that the Government 12 desired to see these victims made whole, and wanted them to be 13 in the same position as if Mr. Epstein had been prosecuted and 14 pled or convicted. And they would be able to have the 15 predicate of that criminal conviction, which just as a matter 16 of liability would just be introduced as proof that he's done 17 this. 18 They, under the agreement, are supposed to admit to 19 liability on limited something that's under 2255. He has 20 filed, but since there is no conviction, there can be no civil 21 suit under 2255, with which we disagree. But it is totally in 22 opposite of the NPA. 23 The second part is there are many young ladies, and 24 this perhaps he can use this to his great advantage, who are 25 humiliated about this entire situation. Some of them won't Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 20 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 21 1 come forward. 2 We were appointed by Judge Davis as a Special Master 3 to represent these young ladies. And some of them don't even 4 want to file suit. They don't even want to be known as Jane 5 Doe 103. They don't want any of the risks for these motions 6 that are pending. 7 And part of the agreement was that if we represented 8 them and they settle, Mr. Epstein would pay our fees. And he 9 has written us as of yesterday that he is under no obligation 10 to pay our fees on settling cases. 11 Now, those two matters, I believe, may be breaches. 12 But I am not asking this Court at this time to do anything 13 about them. Nor am I telling the Government, I'm not running 14 to the Government and saying indict him because I want you to 15 pressure him to do what he agreed to. 16 I'm a third-party beneficiary for that agreement, and 17 I may move to enforce certain parts of it. But as far as the 18 issue of staying the litigation, that is the exact opposite of 19 the intent and the letter of the NPA. The purpose of the NPA 20 was so that these 34 young ladies, these victims who have been 21 severely traumatized, may move on with their lives. 22 And to stay this action would be the exact opposite of 23 the purpose of that agreement and would be horrible 24 psychologically for all of my clients. 25 THE COURT: Mr. Josefsberg, I understand your Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 21 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 22 1 position. And I don't want to argue the merits of whether a 2 stay should or should not be granted. 3 I'm just trying to understand what the ground rules 4 are going to be if I grant a stay or if I deny a stay. And 5 I've already denied a stay once. I have to decide this current 6 motion, and I just want to know what is going to happen if I 7 deny the stay in terms of Mr. Epstein's exposure under the 8 non-prosecution agreement. That's my concern. 9 So if you're telling me that you're not going to urge 10 the United States, on behalf of any of your clients, to take 11 the position that he's breached the agreement because he's 12 taking depositions, because he's pursuing discovery, because 13 he's conducting investigations that anyone in any other type of 14 civil litigation might conduct with respect to plaintiffs that 15 are pursuing claims against a defendant, that those typical 16 types of actions, in your judgment, are not breaches of the 17 agreement and that he can go forward and defend the case as any 18 other defendant could defend, and you're not going to run to 19 the United States and say, hey, he's breaching the agreement by 20 taking depositions and he's breaching the agreement by issuing 21 subpoenas to third parties in order to gather information 22 necessary to defend, then I don't have a problem. But if he's 23 going to be accused of breaching the agreement because he sends 24 out a notice of deposition of one of your clients, how is he 25 supposed to defend the case? Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 22 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 23 1 MR. JOSEFSBERG: Your Honor, you're totally correct. 2 He can depose my client. That's not a problem. But the 3 problem is that these are not typical clients and this is not a 4 typical case. He has written in his pleadings that he wants to 5 publish the names of these girls in the newspapers so that 6 other people may come forward to discuss their sexual 7 activities with these different plaintiffs. That's not your 8 typical case. But are rulings that you'll make in this case, 9 and they're not part of the NPA. 10 As far as my going to the Government is concerned, I 11 find it very uncomfortable for me to use the Government to try 12 to pursue my financial interest in litigation. And I know that 13 Mr. Epstein and his counsel will make much ado about it. So I 14 am not going to be running there. 15 However, if they start taking depositions regarding 16 liability, I will consider that to be a breach because they're 17 supposed to have admitted liability. 18 THE COURT: But, again, I don't have the agreement and 19 I don't remember reading the agreement. But what I'm being 20 told is the part of the agreement that admits liability is only 21 as to a 2255 claim, and there are numerous other personal 22 injury tort claims other than 2255 claims. 23 And there's a limit of damages on the 2255 claim, as I 24 understand it, but I presume that all the plaintiffs are going 25 to seek more than the limited or capped amount of damages in Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 23 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 24 1 the non-prosecution agreement as to the other claims. 2 And so why aren't they entitled to defend and limit 3 the amount of damages that your client is seeking on the 4 non-2255 tort claims? 5 MR. JOSEFSBERG: Your Honor, you are correct. On 6 non-2255 tort claims, they are permitted to do the defense, 7 whatever is appropriate. 8 My cases are pure 2255 on which liability under the 9 agreement is supposed to be admitted. Now, as to the amount of 10 damages, there are legal issues that will be before you and 11 under the C.M.A. cases that are getting before you, as to 12 whether it is 50 or 150. That has nothing to do with the NPA. 13 There are legal issues that are before you as to 14 whether it is per statute, per count or per incident or per 15 plaintiff. Those have nothing to do with the NPA. There is no 16 amount in NPA. Those will be resolved. 17 Anyone who has brought a case that is outside of 2255, 18 the defense is permitted to contest liability under the NPA. 19 That's no violation. 20 Under the NPA if someone brought a case under just 21 2255, Mr. Epstein, if he is to keep his word, cannot contest 22 liability. And there would no need to stay this. Because it 23 is a self-fulfilling agreement. He can contest liability. And 24 as far as the amount of damages, anyone that wants to go over 25 the statutory minimums, of course, he can contest that in any Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 24 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 25 1 way that is proper under the Rules of Evidence and your 2 rulings. The NPA has no limitation on his contesting damages 3 above the minimum statutory amount. 4 The only thing that he has done is in his actions of 5 refusing to pay for settling defendants, and in his saying that 6 he has no liability under 2255, those appear to be contrary to 7 what's in the NPA. 8 But I'm not in any position right now to claim a 9 breach, and I don't know whether I'd be claiming a breach or 10 enforcing it in front of you, suing him for fees, asking you to 11 have him admit liability, or complaining to the Government. 12 And that's why I'm not that helpful in this situation because I 13 think it's the Government's role. 14 But I do not waive the right to be a third-party 15 beneficiary because pursuant to my appointment, which was 16 agreed to by Mr. Epstein, I and my clients have certain rights, 17 and we want to enforce them. 18 But his defending this lawsuit will not in any way be 19 a violation. His getting this lawsuit stayed would be a 20 violation of the spirit of taking care of these girls, and 21 there would be other issues. Like if there is a stay, Your 22 Honor, would he be posting a bond? 23 THE COURT: We don't need to talk about those issues. 24 That's not my concern. 25 MR. JOSEFSBERG: I agree, Your Honor, we don't. Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 25 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 26 1 THE COURT: That's not my concern. So, again, I just 2 want to make sure that if the cases go forward and if 3 Mr. Epstein defends the case as someone ordinarily would defend 4 a case that's being prosecuted against him or her, that that in 5 and of itself is not going to cause him to be subject to 6 criminal prosecution. 7 MR. JOSEFSBERG: I agree, Your Honor. 8 THE COURT: Any other plaintiff's counsel want to 9 chime in? 10 MR. WILLITS: Richard Willits on behalf of C.M.A.. I 11 would join, to weigh in on what Mr. Josefsberg said. 12 MR. JOSEFSBERG: Your Honor, I could not hear. 13 THE COURT: We'll get him to a microphone. 14 Mr. Willits is speaking. 15 MR. WILLITS: On behalf of my client, C.M.A., we join 16 in what Mr. Josefsberg said, and we also want to point out 17 something to the Court. 18 First, we want to make a representation to the Court, 19 we have no intention of complaining to the U.S. Attorney's 20 Office, never had that intention, don't have that intention in 21 the future, but, of course, subject to what occurs in the 22 future. 23 I want to point out to the Court that Mr. Epstein went 24 into this situation with his eyes wide open, represented by 25 counsel, knowing that civil suits had to be coming. If he Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 26 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 27 1 didn't know it, his lawyers knew it. 2 He appears to be having second thoughts now about he 3 could have negotiated this way or he could have negotiated that 4 way with the U.S. Attorney's Office. And they want to impose 5 their second thoughts on the innocent plaintiffs. We don't 6 think that's fair. We think it's in the nature of invited 7 error, if there was any error whatsoever. 8 Thank you. 9 THE COURT: You agree he should be able to take the 10 ordinary steps that a defendant in a civil action can take and 11 not be concerned about having to be prosecuted? 12 MR. WILLITS: Of course. And we say the same thing 13 Mr. Josefsberg said. It's all subject to your rulings and the 14 direction of this Court as to what is proper and what is not 15 proper. And we're prepared to abide by the rulings of this 16 Court, and we have no intention of running to the State's 17 Attorney. 18 THE COURT: The U.S. Attorney? 19 MR. WILLITS: I'm sorry. The U.S. Attorney. 20 THE COURT: Mr. Garcia. 21 MR. GARCIA: Thank you, Your Honor. 22 If I may briefly, I think perhaps defense counsel 23 forgot about this, but on pages 17 and 19 of my memorandum of 24 law in opposition to the motion to dismiss, I did make 25 reference to the non-prosecution agreement, and I did say that Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 27 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 28 1 the contesting of the jurisdiction of this Court was a 2 potential breach of the non-prosecution agreement. 3 So my client happens to have, and they have filed with 4 the Court a copy of her state court complaint, given the fact 5 that the non-prosecution agreement limits the non-contesting of 6 jurisdiction to claims exclusively brought under the federal 7 statute. 8 I'm going to go ahead and withdraw those contentions 9 on pages 17 and 19 of my memo of law because it doesn't apply 10 to my case. So to the extent that I raised this issue with 11 defense counsel and the Court, I'm going to withdraw that 12 aspect of it. 13 THE COURT: Can you file something in writing on that 14 point with the Court? 15 MR. GARCIA: Yes. 16 THE COURT: What do you say about this issue that 17 we're here on today? 18 MR. GARCIA: I think that the problem that I have with 19 it is that this non-prosecution agreement is being used by 20 defense counsel for the exact opposite purpose that it was 21 intended. My perception of this thing, and I wasn't around, is 22 that Mr. Epstein essentially bought his way out of a criminal 23 prosecution, which is wonderful for the victims in a way, and 24 wonderful for him, too. 25 Now he's trying to use the non-prosecution agreement Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 28 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 29 1 as a shield against the plaintiffs that he was supposed to make 2 restitution for. 3 And, certainly, he can take my client's depo. He's 4 done extensive discovery in the state court case -- very 5 intrusive, I might add. And we don't care, because we can win 6 this case with the prosecution agreement or without the 7 prosecution agreement. We are ready to go forward. 8 THE COURT: You're not going to assert to the United 9 States Government that what he's doing in defending the case is 10 a violation for which he should be further prosecuted? 11 MR. GARCIA: Absolutely not. 12 THE COURT: Anyone else for the plaintiffs? 13 MR. HOROWITZ: Judge, Adam Horowitz, counsel for 14 plaintiffs Jane Doe 2 through 7. 15 I just wanted to address a point that I think you've 16 articulated it. I just want to make sure it's crystal clear, 17 which is that we can't paint a broad brush for all of the 18 cases. 19 The provision relating to Mr. Epstein being unable to 20 contest liability pertains only to those plaintiffs who have 21 chosen as their sole remedy the federal statute. My clients, 22 Jane Doe 2 through 7, have elected to bring additional causes 23 of action, and it's for that reason we were silent when you 24 said does anyone here find Mr. Epstein to be in breach of the 25 non-prosecution agreement. That provision, as we understand Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 29 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 30 1 it, it doesn't relate to our clients. 2 THE COURT: Okay. But, again, you're in agreement 3 with everyone else so far that's spoken on behalf of a 4 plaintiff that defending the case in the normal course of 5 conducting discovery and filing motions would not be a breach? 6 MR. HOROWITZ: Subject to your rulings, of course, 7 yes. 8 THE COURT: Thank you. 9 Anyone else have anything to say from the plaintiffs? 10 Ms. Villafana, if you would be so kind as to maybe 11 help us out. I appreciate the fact that you're here, and I 12 know you're not a party to these cases and under no obligation 13 to respond to my inquiries. But as I indicated, it would be 14 helpful for me to understand the Government's position. 15 MS. VILLAFANA: Thank you, Your Honor. And we, of 16 course, are always happy to try to help the Court as much as 17 possible. But we are not a party to any of these lawsuits, and 18 in some ways we are at a disadvantage because we don't have 19 access. My access is limited to what's on Pacer. So I don't 20 really know what positions Mr. Epstein may have taken either in 21 correspondence or in discovery responses that aren't filed in 22 the case file. 23 But your first order was really just what do you think 24 about a stay, and then the second order related to this hearing 25 and asked a much more specific question, which is whether we Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 30 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 31 1 believe that Mr. Epstein's defense was a breach of the 2 agreement. 3 And I've tried to review as many of the pleadings as 4 possible. As you know, they're extremely voluminous. And I 5 haven't been through all of them. But we do believe that there 6 has been a breach in the filing that Mr. Josefsberg referred 7 to, and contrary to Mr. Critton, we do understand that we have 8 an obligation to provide notice, and we are providing notice to 9 Mr. Epstein today. 10 The pleading that we found to be in breach -- the 11 non-prosecution agreement, sought to do one thing, which was to 12 place the victims in the same position they would have been if 13 Mr. Epstein had been convicted of the federal offenses for 14 which he was investigated. 15 And that if he had been federally prosecuted and 16 convicted, the victims would have been entitled to restitution, 17 regardless of how long ago the crimes were committed, 18 regardless of how old they were at the time, and how old they 19 are today, or at the time of the conviction. 20 And it also would have made them eligible for damages 21 under 2255. 22 And so our idea was, our hope was that we could set up 23 a system that would allow these victims to get that restitution 24 without having to go through what civil litigation will expose 25 them to. Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 31 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 32 1 You have a number of girls who were very hesitant 2 about even speaking to authorities about this because of the 3 trauma that they have suffered and about the embarrassment that 4 they were afraid would be brought upon themselves and upon 5 their families. 6 So we did through the non-prosecution agreement tried 7 to protect their rights while also protecting their privacy. 8 So, pursuant to the non-prosecution agreement -- on the other 9 hand, we weren't trying to hand them a jackpot or a key to a 10 bank. It was solely to sort of put them in that same position. 11 So we developed this language that said if -- that 12 provided for an attorney to represent them. Most of the 13 victims, as you know from the pleadings, come from not wealthy 14 circumstances, may not have known any attorneys who would be in 15 a position to help them. 16 So we went through the Special Master procedure that 17 resulted in the appointment of Mr. Josefsberg, and the goal was 18 that they would be able to try to negotiate with Mr. Epstein 19 for a fair amount of restitution/damages. And if Mr. Epstein 20 took the position, which apparently he has, which is that the 21 $50,000 or $150,000 floor under 2255 also would be a cap. That 22 if they were to proceed to file suit in Federal Court to get 23 fair damages under 2255, Mr. Epstein would admit liability, but 24 he, of course, could fight the damages portion, which means 25 that, of course, he would be entitled to depositions; of Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 32 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 33 1 course, he would be entitled to take discovery, and we don't 2 believe that any of that violates the non-prosecution 3 agreement. 4 The issue with the pleading that he filed, the motion 5 to dismiss the case, I believe it's Jane Doe 101, represented 6 by Mr. Josefsberg, is that that is a case that was filed 7 exclusively under 18 U.S.C., Section 2255. She met that 8 requirement. Mr. Epstein is moving to dismiss it, not on the 9 basis of damages, he is saying that he cannot be held liable 10 under 2255 because he was not convicted of an offense. 11 The reason why he was not convicted of an offense is 12 because he entered into the non-prosecution agreement. So that 13 we do believe is a breach. 14 The issue really that was raised in the motion to stay 15 and that I addressed in our response to the motion to stay is 16 that Mr. Epstein's -- Mr. Epstein wants to stay the litigation 17 in order to leave, in order to sort of attack the cases of the 18 victims whether they are fully within the non-prosecution or 19 not, non-prosecution agreement or not, and leave the Government 20 without a remedy if he does, in fact, breach those terms. And 21 that is why we opposed the stay. 22 THE COURT: I'm not sure what you mean by that last 23 statement. 24 MS. VILLAFANA: Well, because this issue related to 25 the motion to dismiss on Mr. Josefsberg's client came up after Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 33 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 34 1 we had filed that response. And what we said in the response 2 to the motion to stay is that the reason why he wants to stay 3 the litigation is so that the non-prosecution agreement 4 terminates based on a period of time, as he puts it. And then 5 afterwards he would be able to come in here and make all of 6 these arguments that clearly violate the non-prosecution 7 agreement but we would be without remedy. 8 THE COURT: But you're not taking the position that 9 other than possibly doing something in litigation which is a 10 violation of an express provision of the non-prosecution 11 agreement, any other discovery, motion practice, investigations 12 that someone would ordinarily do in the course of defending a 13 civil case would constitute a violation of the agreement? 14 MS. VILLAFANA: No, Your Honor. I mean, civil 15 litigation is civil litigation, and being able to take 16 discovery is part of what civil litigation is about. And while 17 there may be, for example, if someone were to try to subpoena 18 the Government, we would obviously resist under statutory 19 reasons, all that sort of stuff. But, no, Mr. Epstein is 20 entitled to take the deposition of a plaintiff and to subpoena 21 records, etc. 22 THE COURT: And even if he seeks discovery from a 23 Government agency, you have the right to resist it under the 24 rules of procedure but that would not constitute a violation, 25 again unless there's a provision in the prosecution agreement Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 34 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 35 1 that says I can't do this? 2 MS. VILLAFANA: Correct. 3 THE COURT: That's your position? 4 MS. VILLAFANA: Yes. 5 THE COURT: Thank you. 6 MS. VILLAFANA: Thank you, Your Honor. 7 THE COURT: Mr. Critton, did you want to add anything? 8 MR. CRITTON: Yes, sir. Just a few responses to some 9 of the issues that have been raised. 10 The most glaring, at least from our perspective, is 11 both Mr. Josefsberg's comments that he believes that there's a 12 violation of the NPA as well as Ms. Villafana with regard to 13 Jane Doe 101. 14 Mr. Josefsberg, while he was the attorney rep who was 15 selected by Judge Davis to represent a number of individuals, 16 alleged victims that may have been on the list, he represents 17 many of them. And the type of response that was filed in 101 18 would probably be very similar to what we will file if he 19 files -- and he filed 102 as well. But if he files 103, 104 20 and 105, or whatever number he files, we may well take that 21 same legal position in our motions and in our response or in 22 reply. 23 And what we've been, in essence, told today is we 24 consider that to be a violation of the NPA under the 25 circumstances. Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 35 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 36 1 102 is a perfect example that he filed is, we have 2 e-mails going back and forth between the Government and my 3 clients' attorneys at the time that suggested that 102 probably 4 doesn't even fit within the statute of limitations. 5 So under Mr. Josefsberg's argument is as well, we've 6 only brought a 2255 claim. We don't care whether she's within 7 or is outside the statute of limitations. Because she was on 8 the list and under the circumstances, he has to admit 9 liability, which we contest is under that set of circumstances 10 you're stuck with it. You can fight damages if you can, but 11 she's a real person and you can't raise statute of limitations. 12 The other point that kind of strikes out is there's 13 probably a difference. And I'm happy to provide a copy of the 14 NPA or a redacted portion of the NPA which deals with the civil 15 issues, which are paragraphs 7, 8, 9 and 10, and the entire 16 addenda in camera for the Court to look at, if plaintiff's 17 counsel and the Government, I guess, really, because they're 18 not a party, is if they have no objection because they all have 19 access based on a prior court order to the non-prosecution 20 agreement. 21 So I'm happy to provide that to the Court today and 22 show it to counsel so that the Court can review that. 23 But our position with regard to the 2255 claims is 24 that -- there were two types of claims that could be filed, one 25 was consensual litigation, the second was contested litigation. Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 36 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 37 1 And under the consensual, in essence, which Mr. Epstein did, is 2 he's offered $50,000 of the statutory minimum for that time 3 period to all of those individuals. 4 THE COURT: Can I interrupt you a second? 5 MR. CRITTON: Yes, sir. 6 THE COURT: I'm not here, and I don't believe it's my 7 role to decide whether or not there is or is not a breach of 8 the agreement. I'm just trying to understand what the 9 Government's position is regarding your defending these cases. 10 Now, I'm just saying this as an example. If, for 11 example, in the non-prosecution agreement there was a provision 12 that said explicitly: Jeffrey Epstein shall not move to 13 dismiss any claim brought under 2255 by any victim no matter 14 how long ago the allegations or the acts took place, period. 15 If that was in the agreement and you filed a motion to 16 dismiss by someone who brought a claim, it might sound like it 17 might be a violation. 18 MR. CRITTON: I agree. 19 THE COURT: So you would know that when you filed your 20 motion because it was right there for you to read. 21 And so to stay the case because I want to do something 22 that the contract expressly prohibits me from doing, so stay 23 the case until the agreement expires so then I can do something 24 that the agreement said I couldn't do so you won't be in fear 25 of prosecuting, I'm not sure that that is what I'm concerned Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 37 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 38 1 about. 2 I'm concerned about discovery, investigation, motion 3 practice, that's not prohibited by a provision of the 4 agreement. If there's something that's prohibited by the 5 agreement that you, knowing what the agreement says, go ahead 6 and do, anyway, I guess that's a risk you're going to have to 7 take. If there's a legitimate dispute about it, I guess some 8 arbiter is going to decide whether it's a breach or not. 9 But, again, that's something you and Mr. Burman, 10 Mr. Goldberger, and you are all very good lawyers, and he's got 11 a whole list of lawyers representing him, and you've got the 12 agreement and you're going to make legal decisions on how to 13 proceed, and you're going to have to go and make your own 14 decisions. 15 I'm concerned about things that aren't in the 16 agreement, that aren't covered, that you're going to be accused 17 of violating because, again, you take depositions, you send out 18 subpoenas, you file motions that are not prohibited by the 19 agreement. And that's what I'm concerned about. 20 MR. CRITTON: And I understand that, Your Honor. 21 But at the same time, it's as if the lawyers and the 22 clients, based upon our interpretation of the agreement, and, 23 believe me, we would not have filed 101, the motion to dismiss, 24 but for believing that there was a good faith basis to do that 25 under the circumstances. Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 38 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 39 1 And now, in essence, we're being accused not only by 2 -- not accused, but it's been suggested that there's a breach 3 of the NPA, not only by Mr. Josefsberg on behalf of 101, but as 4 well Ms. Villafana on behalf of the United States. 5 That's the perfect example. They're basically saying 6 we think you violated. We may send you notice under the 7 circumstances. So does that mean that on 101 we have to back 8 off of it because we think in good faith that it's a motion and 9 is that something that this Court ultimately will rule? 10 THE COURT: I don't know that I'm the one who is going 11 to make that decision. Again, that's not the kind of thing 12 that I was concerned about. I was more concerned about the 13 normal, ordinary course of conducting and defending a case that 14 would not otherwise expressly be covered under the agreement, 15 that you're going to then have someone say, ah, he's sent a 16 notice of deposition, he's harassing the plaintiffs. I don't 17 know if there's a no contact provision in the agreement or no 18 harassment type of provision in the agreement. Ah, this is a 19 breach because you sent discovery, or he's issuing subpoenas to 20 third parties trying to find out about these victims' 21 backgrounds, he's breaching the agreement. 22 Those are the kind of things that I was worried about. 23 MR. CRITTON: The concern that we have is as part of 24 doing this general civil litigation, it's not just the 25 discovery process. And I understand the issues that the Court Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 39 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 40 1 has raised. 2 But part of it is that often cases are disposed of 3 either on a summary basis or certainly legal issues that come 4 before the Court during the course of the case, just like in a 5 criminal case. That's clearly part of the, I'd say the defense 6 of the case under the circumstances; and if, in fact, an 7 individual can't legally bring a cause of action for certain 8 reasons, such as has been suggested in 101, and may be 9 suggested in 102 when that pleading is filed, that certainly is 10 a position that puts my client at risk. 11 As another example that I use with C.M.A., that they 12 filed this 30-count complaint. Now, they have the state court 13 claims as well. But they, in essence, have said they filed 14 another pleading with the Court that says depending on what the 15 Court rules, in essence, on whether we can file multiple claims 16 or one cause of action with multiple violations, we may dump 17 the state court claims and, therefore, we'll just ride along on 18 that. That's a very different -- 19 Mr. Epstein would never have entered into, nor would 20 his attorneys have allowed him to enter into that agreement 21 under those circumstances where he had this unlimited 22 liability. That clearly was never envisioned by any of the 23 defendants -- by the defendant or any of his lawyers under the 24 circumstances. 25 And if that's claimed to be a violation, either by the Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 40 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 41 1 attorneys; i.e., he's not recapitulating on liability under the 2 2255, and that's all we have now. That's our exclusive remedy. 3 And the Government says, yeah, that's right, that's a 4 violation of the NPA. It again chills us from moving forward, 5 filing the necessary motion papers and taking legal positions 6 that may put my client at risk for violating the NPA and then 7 creating the irreparable harm of, after having been in jail, 8 after having pled guilty to the state court counts, after 9 registering on release as a sex offender, he's complied and 10 done everything, taken extraordinary efforts to comply with the 11 NPA, puts him at substantial risk. And that's what our worry 12 is moving forward. 13 MR. JOSEFSBERG: Your Honor, may I be heard. May I 14 make three comments? It will take less than a minute. 15 THE COURT: Yes, sir. 16 MR. JOSEFSBERG: Mr. Critton refers to the alleged 17 victims. I want you to know that our position is that pursuant 18 to the NPA they're not alleged victims. They are actual, real 19 victims, admitted victims. 20 Secondly, he argues about the statute of limitations 21 on 102. I know that you don't want to hear about that, and I'm 22 not going to comment about it. But please don't take our lack 23 of argument about this as being we agree with anything. 24 Last and most important, we totally agree with 25 Mr. Critton in his suggestion that he hand you a copy of the Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 41 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 42 1 NPA. I think that many of the questions you asked will be 2 answered when you read the NPA, and I think it's very unfair of 3 everyone who is sitting in front of you who have the NPA to be 4 discussing with you whether it's being breached, whether there 5 should be a stay when you're not that familiar with it. 6 If we would give you a copy of it, I think it would be 7 much more helpful in making your ruling. 8 THE COURT: Maybe Judge Colvat will resolve this issue 9 for me. 10 MR. JOSEFSBERG: Even if he doesn't, Your Honor, I 11 believe we are allowed to show it to you. 12 THE COURT: I'll tell you what: I'll wait for Judge 13 Colvat to rule, and then if he rules that it should remain 14 sealed, then I'll consider whether or not I want to have it 15 submitted to me in camera. 16 Anything else, Mr. Josefsberg? 17 MR. JOSEFSBERG: No. I thank you on behalf of myself 18 and the other counsel on the phone for permitting us to appear 19 by phone. 20 THE COURT: All right. Anyone else have anything they 21 want to add? 22 MR. EDWARDS: Brad Edwards on behalf of Jane Doe. 23 I only had one issue here, and when I read your motion 24 that you wanted to hear on the narrow issue of just defense in 25 the civil actions filed against him violates the Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 42 of 51 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 43 1 non-prosecution agreement, I was expecting that we were going 2 to hear something from the Government similar to the affidavit 3 that was filed by Mr. Epstein's attorneys wherein he indicates 4 as of the day of this affidavit attached to the motion to stay, 5 the U.S. Attorney's Office has taken the position that Epstein 6 has breached the non-prosecution agreement and it names 7 specifically investigation by Epstein of this plaintiff and 8 other plaintiffs, Epstein's contesting damages in this action. 9 Epstein, or his legal representatives, making statements to the 10 press. And we didn't hear any of those things. 11 So that's what I was expecting that the U.S. 12 Attorney's Office was going to expound on and say, yes, we've 13 made some communications to Epstein. He's violating. 14 What we're hearing right now, today, just so that I'm 15 clear, and I think the Court is clear now, is that the 16 non-prosecution agreement is what it is. There have been no 17 violations, but for maybe what Mr. Josefsberg brought up. 18 But there are very few restrictions on Mr. Epstein. 19 He went into this eyes wide open. And whether or not I agree 20 with the agreement, how it came to be in the first place, is 21 neither here nor there. 22 But there have been no violations or breaches up to 23 this point. And his affidavit that was filed, I'm just 24 troubled by where it even came from. I mean, it's making 25 specific allegations that the U.S. Attorney's Office is Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 43 of 51 Quality Assurance by Proximity Linguibase Technologies 44 1 threatening a breach, and this is part of the motion to stay, 2 which we're all battling here. 3 So I just wanted to indicate to the Court or remind 4 the Court that there have been specific allegations made, the 5 United States Attorney's Office is making these allegations of 6 breach, which we haven't heard any of the evidence of. 7 Thank you. 8 THE COURT: All right. 9 Ms. Villafana, did you want to respond to that 10 suggestion that there were other allegations of breach besides 11 the one that you've just mentioned today? 12 MS. VILLAFANA: No, Your Honor. 13 THE COURT: Thank you. I appreciate your giving me 14 the information, which I think has been very helpful today, and 15 I'll try and get an order out as soon as possible. 16 [Court adjourned at 11:10 a.m.]. 17 C E R T I F I C A T E 18 I hereby certify that the foregoing is an accurate 19 transcription of proceedings in the above-entitled matter. 20 s/Larry Herr 21 ______________ _______________________________________ DATE LARRY HERR, RPR-CM-RMR-FCRSC 22 Official United States Court Reporter 400 N. Miami Avenue 23 Miami, FL 33128 - 305/523-5290 (Fax) 305/523-5639 24 email: [email protected] 25 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 44 of 51 Page 45 A abide 27:15 ability 18:8 19:1 able 20:14 27:9 32:18 34:5,15 about 4:24 5:25 6:10 6:18 9:2 11:15 13:22 20:25 21:13 23:13 25:23 27:2 27:11,23 28:16 30:24 32:2,2,3 34:16 38:1,2,7,15 38:19 39:12,12,20 39:22 41:20,21,22 41:23 above 25:3 above-entitled 44:19 Absolutely 29:11 access 30:19,19 36:19 according 19:21 accurate 44:18 accused 22:23 38:16 39:1,2 action 7:13 8:5 9:8 10:3,4,9,21 11:18 15:4 17:24 18:17 20:2 21:22 27:10 29:23 40:7,16 43:8 actions 5:25 13:23 14:3 16:11 19:5,17 22:16 25:4 42:25 activities 23:7 acts 9:11,12 37:14 actual 41:18 actually 5:21 17:9 Adam 1:13 3:4 29:13 add 29:5 35:7 42:21 addenda 36:16 Adderly 3:17 additional 29:22 address 29:15 addressed 33:15 adjourned 44:16 Adler 1:17 admit 20:3,18 25:11 32:23 36:8 admits 23:20 admitted 23:17 24:9 41:19 ado 23:13 advantage 20:24 adverse 18:18 advice 12:7 affidavit 43:2,4,23 afraid 32:4 after 33:25 41:7,8,8 afterwards 34:5 again 9:10,18,22 10:19,20 18:5,9 23:18 26:1 30:2 34:25 38:9,17 39:11 41:4 against 4:23,25 6:24 22:15 26:4 29:1 42:25 agency 34:23 ago 31:17 37:14 agree 13:13 17:23 25:25 26:7 27:9 37:18 41:23,24 43:19 agreed 17:9 20:2 21:15 25:16 agreement 5:2,2,11 5:15 6:2,23 7:16 7:19 8:5,6 12:9 13:24 14:2,19 15:20 16:20 18:18 18:24 19:6,11,13 19:18,24 20:1,10 20:18 21:7,16,23 22:8,11,17,19,20 22:23 23:18,19,20 24:1,9,23 27:25 28:2,5,19,25 29:6 29:7,25 30:2 31:2 31:11 32:6,8 33:3 33:12,19 34:3,7,11 34:13,25 36:20 37:8,11,15,23,24 38:4,5,5,12,16,19 38:22 39:14,17,18 39:21 40:20 43:1,6 43:16,20 ah 39:15,18 ahead 28:8 38:5 al 1:4 allegation 5:1 15:19 allegations 4:25 16:6 37:14 43:25 44:4,5 44:10 alleged 17:17,25 35:16 41:16,18 allow 11:8 31:23 allowed 40:20 42:11 along 40:17 already 22:5 always 30:16 Amendment 6:24 America 5:17 amount 17:3,20 23:25 24:3,9,16,24 25:3 32:19 Amy 3:17 Ann 2:14 4:9 another 9:5 14:14 18:11 40:11,14 answer 8:7 13:10 answered 42:2 anybody 11:14 anyone 14:16,19 17:5 22:13 24:17 24:24 29:12,24 30:9 42:20 anything 8:22 11:15 13:22 14:2,7,20,25 16:10 18:11 21:12 30:9 35:7 41:23 42:16,20 anyway 38:6 apparently 32:20 appear 3:19 25:6 42:18 appearances 1:12 3:3,25 appears 27:2 applicable 6:13 18:3 apply 20:6 28:9 appointed 21:2 appointment 25:15 32:17 appreciate 30:11 44:13 appropriate 19:21 24:7 arbiter 38:8 argue 18:1 22:1 argued 12:22 argues 41:20 argument 36:5 41:23 arguments 34:6 arise 7:5 around 12:9 28:21 articulated 29:16 asked 5:4,4 8:2 14:5 30:25 42:1 asking 21:12 25:10 asks 13:10 aspect 28:12 aspects 9:1,2 16:5 assert 29:8 asserted 17:7 assertion 4:24 15:19 15:22 Assistant 2:15 associate 10:17 associated 18:12 assurance 14:1 assurances 12:5 attached 43:4 attack 33:17 attention 15:1,22 Atterbury 2:12 attorney 2:15 7:1 19:4 27:17,18,19 32:12 35:14 attorneys 5:9 10:10 11:8 32:14 36:3 40:20 41:1 43:3 Attorney's 4:8,10 26:19 27:4 43:5,12 43:25 44:5 August 12:18 Australian 2:12 authorities 32:2 Avenue 1:21,23 2:12 2:23 44:22 aware 6:6 13:14 15:4 a.m 44:16 B back 12:18 36:2 39:7 backgrounds 39:21 balance 12:15 bank 32:10 based 6:12 10:7 12:6 13:11 17:4 34:4 36:19 38:22 basically 7:16 13:10 39:5 basis 33:9 38:24 40:3 battling 44:2 Beach 1:2,4,21 2:10 2:13 before 1:11 6:5 15:13,18 24:10,11 24:13 40:4 behalf 3:14 4:2,6 6:7 14:16 22:10 26:10 26:15 30:3 39:3,4 42:17,22 being 9:17 10:6,21 23:19 26:4 28:19 29:19 34:15 39:1 41:23 42:4 believe 3:18 5:10,10 5:14,16 6:17,17,21 7:13,19 8:11 14:18 21:11 31:1,5 33:2 33:5,13 37:6 38:23 42:11 believes 35:11 believing 38:24 beneficiaries 19:12 beneficiary 20:1 21:16 25:15 Bennett 3:18 besides 44:10 between 8:6 9:23 13:1,21 19:14 20:11 36:2 beyond 13:16 Biscayne 1:14 Bob 3:18 19:7 Boehringer 1:20 bond 25:22 Boston 2:18 both 10:10 16:25 35:11 bought 28:22 Boulevard 1:14,17 2:15 Brad 3:7 42:22 BRADLEY 1:16 breach 6:1,23 15:11 16:3 18:24 19:6,13 23:16 25:9,9 28:2 29:24 30:5 31:1,6 31:10 33:13,20 37:7 38:8 39:2,19 44:1,6,10 breached 7:19 12:24 15:20 22:11 42:4 43:6 breaches 7:15,17 19:11 21:11 22:16 43:22 breaching 22:19,20 22:23 39:21 brief 15:18,23 briefing 5:4 briefly 27:22 bring 29:22 40:7 broad 29:17 brought 15:1 20:2 24:17,20 28:6 32:4 36:6 37:13,16 43:17 Broward 2:15 brush 29:17 buffer 12:25 Burman 2:8,9 4:3 38:9 business 13:25 C C 2:1 44:17,17 came 6:5 12:18 17:6 18:22 33:25 43:20 43:24 camera 36:16 42:15 cap 32:21 capped 23:25 care 13:20,25 25:20 29:5 36:6 case 1:3 5:17,20,21 5:22 6:4,7 8:12 9:11 10:24,24 11:4 11:15,18 13:18,20 14:18,22 15:1,18 16:2 19:17 22:17 22:25 23:4,8,8 24:17,20 26:3,4 28:10 29:4,6,9 30:4,22 33:5,6 34:13 37:21,23 39:13 40:4,5,6 cases 3:2 6:9 7:3,11 8:13,22 9:3,5,5,15 10:3,11 12:1,2 14:9 17:15,16 21:10 24:8,11 26:2 29:18 30:12 33:17 37:9 40:2 casts 9:13 catastrophic 7:21 catch 7:21 10:2 caught 15:22 cause 17:24 18:17 26:5 40:7,16 caused 15:21 causes 29:22 cavalierly 12:13 certain 8:22 11:18 17:2,6 21:17 25:16 40:7 certainly 8:16 9:1 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 45 of 51 Page 46 29:3 40:3,9 Certified 2:22 certify 44:18 change 7:25 changes 7:8 charges 5:3 chilling 9:7 chills 10:9 18:25 41:4 chime 26:9 chosen 29:21 circumstance 7:21 8:18 18:4 circumstances 9:25 10:1,11 12:11,20 12:21 13:8,13 16:8 16:17 17:3,8,13,18 18:19 32:14 35:25 36:8,9 38:25 39:7 40:6,21,24 cite 17:10 civil 4:23,25 5:25 7:3 7:3,11 8:5,22 9:4,7 9:11 10:3,23,23 13:23 14:3,9 15:7 16:5,11 19:5 20:20 22:14 26:25 27:10 31:24 34:13,14,15 34:16 36:14 39:24 42:25 claim 6:1 18:19 23:21,23 25:8 36:6 37:13,16 claimed 40:25 claiming 25:9 claims 22:15 23:22 23:22 24:1,4,6 28:6 36:23,24 40:13,15,17 clear 10:7 18:18 19:19 29:16 43:15 43:15 clearly 9:24 11:20 34:6 40:5,22 client 10:21 13:5 23:2 24:3 26:15 28:3 33:25 40:10 41:6 clients 11:9 21:24 22:10,24 23:3 25:16 29:21 30:1 36:3 38:22 client's 29:3 cloud 9:14 Colvat 42:8,13 come 8:8,13 13:11 21:1 23:6 32:13 34:5 40:3 comes 18:12 coming 26:25 comment 41:22 comments 15:10 35:11 41:14 commitment 17:2 committed 31:17 communications 43:13 complainants 17:9 complaining 25:11 26:19 complaint 28:4 40:12 compliance 12:14 complied 41:9 comply 41:10 concern 4:24 5:10,24 9:20 16:1 22:8 25:24 26:1 39:23 concerned 13:22 23:10 27:11 37:25 38:2,15,19 39:12 39:12 concerns 6:24 conduct 22:14 conducting 22:13 30:5 39:13 confident 19:10 consensual 16:25 36:25 37:1 consider 6:14 18:1 23:16 35:24 42:14 constitute 13:18 16:2 19:6 34:13,24 construed 14:18 contact 10:17 39:17 contending 19:4 contention 4:24 contentions 28:8 contest 17:12 18:7,8 24:18,21,23,25 29:20 36:9 contested 9:13 16:18 16:25 36:25 contesting 20:6 25:2 28:1 43:8 context 13:18,19 14:5 15:1 contract 7:16 37:22 contracting 9:23 contrary 25:6 31:7 control 9:2 convicted 20:14 31:13,16 33:10,11 conviction 20:8,15 20:20 31:19 copy 28:4 36:13 41:25 42:6 correct 5:12 23:1 24:5 35:2 correspondence 30:21 counsel 3:3,4,7 12:7 16:5 23:13 26:8,25 27:22 28:11,20 29:13 36:17,22 42:18 count 24:14 counts 17:17 41:8 course 7:5 24:25 26:21 27:12 30:4,6 30:16 32:24,25 33:1 34:12 39:13 40:4 court 1:1 2:22 3:1,6 3:9,12,15,20,22,24 4:4,7,11,15,20 5:11,14,18,19,21 5:24 6:6,11,13,14 6:18,20,21,22 7:6 8:1 9:6 11:3,10,25 12:19 13:1,10,16 14:5,11 15:5,13,15 16:10,13,22 19:2,9 21:12,25 23:18 25:23 26:1,8,13,17 26:18,23 27:9,14 27:16,18,20 28:1,4 28:4,11,13,14,16 29:4,8,12 30:2,8 30:16 32:22 33:22 34:8,22 35:3,5,7 36:16,19,21,22 37:4,6,19 39:9,10 39:25 40:4,12,14 40:15,17 41:8,15 42:8,12,20 43:15 44:3,4,8,13,16,22 court's 7:15 8:25 12:14 covered 38:16 39:14 create 9:25 creating 41:7 creative 17:23 crimes 31:17 criminal 8:21 20:15 26:6 28:22 40:5 criteria 17:6 Critton 2:8,9 4:2,2 4:13 5:13 6:3,3 14:4 15:3,14 16:4 16:12,15 31:7 35:7 35:8 37:5,18 38:20 39:23 41:16,25 crystal 29:16 cure 8:14,17 9:21 13:6 cures 14:12 current 22:5 cut 16:24 C.M.A 1:24 3:14 17:16 24:11 26:10 26:15 40:11 D D 1:13 2:8 damages 17:3 23:23 23:25 24:3,10,24 25:2 31:20 32:23 32:24 33:9 36:10 43:8 date 13:12,14 44:21 Datura 1:21 Davis 21:2 35:15 day 43:4 deal 9:23 14:13,14 15:15 16:24,24 18:6,9 deals 36:14 dealt 6:19 16:25,25 decide 10:11 22:5 37:7 38:8 decision 39:11 decisions 38:12,14 deem 11:19 deemed 10:4 defend 5:25 10:11 11:18 12:1,2 22:17 22:18,22,25 24:2 26:3 defendant 1:8 2:8 6:23 11:13 16:16 22:15,18 27:10 40:23 defendants 25:5 40:23 defendant's 16:23 defending 4:25 7:24 9:4 10:2,23 13:18 13:20,23 14:3,9,18 15:18 16:2,10 25:18 29:9 30:4 34:12 37:9 39:13 defends 26:3 defense 4:1,14 8:4,12 9:3,12,14 10:9 12:3 19:5,17 24:6 24:18 27:22 28:11 28:20 31:1 40:5 42:24 denied 22:5 deny 22:4,7 depending 18:2 40:14 depo 29:3 depose 23:2 deposition 11:11,12 14:23 22:24 34:20 39:16 depositions 10:13 14:22 19:20 22:12 22:20 23:15 32:25 38:17 desired 20:12 determine 9:8 developed 32:11 difference 36:13 different 6:5 12:21 16:19 23:7 40:18 direction 10:20 27:14 disadvantage 30:18 disagree 20:5,21 discovery 7:2,10,11 10:16,25 22:12 29:4 30:5,21 33:1 34:11,16,22 38:2 39:19,25 discretionary 6:19 6:21 discuss 9:22 23:6 discussing 42:4 discussion 16:22 disingenuous 19:15 dismiss 7:22 8:18 10:14 20:4 27:24 33:5,8,25 37:13,16 38:23 disposed 40:2 dispute 38:7 distinct 7:9 DISTRICT 1:1,1,11 DIVISION 1:2 docket 6:17 8:25 12:14 documents 11:7 14:24 Doe 1:4,15,18,22 2:3 2:7 3:1,5,8,11 5:17 6:8,9,16 11:12 21:5 29:14,22 33:5 35:13 42:22 doing 8:9 29:9 34:9 37:22 39:24 done 12:3,4 13:17,19 13:24 14:2,7,17,20 14:25 15:6 17:14 20:16 25:4 29:4 41:10 doubt 9:14 dramatic 7:25 dramatically 7:8 dump 40:16 during 40:4 E E 44:17,17 each 17:24 18:16 East 1:17 2:15 Edwards 1:16 3:7,7 5:16,20,23 42:22 42:22 effect 9:7 17:5 efforts 41:10 either 9:3 10:5 30:20 40:3,25 elected 29:22 eligible 31:20 Elkins 1:20 email 44:24 embarrassment 32:3 enforce 21:17 25:17 enforcement 7:2 enforcing 25:10 enter 40:20 entered 33:12 40:19 entire 5:15 20:25 36:15 entitle 11:23 entitled 24:2 31:16 32:25 33:1 34:20 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 46 of 51 Page 47 entry 6:17 8:25 12:14 enumerated 18:8,9 envisioned 40:22 Epstein 1:7 3:1 4:3,6 4:22 6:7 7:13,15 7:19 8:6,20 9:15 9:18,24 10:1,6,10 12:5,15 13:17,21 14:8 17:9 19:5,14 19:16 20:11,13 21:8 23:13 24:21 25:16 26:3,23 28:22 29:19,24 30:20 31:9,13 32:18,19,23 33:8 33:16 34:19 37:1 37:12 40:19 43:5,7 43:9,13,18 Epstein's 4:24 5:9,24 8:4 9:1 22:7 31:1 33:16 43:3,8 equities 12:16 error 27:7,7 ESQ 1:13,16,20,23 2:1,5,8,8,11,14,17 2:20 essence 7:9,12 8:3 10:2 12:3 35:23 37:1 39:1 40:13,15 essentially 28:22 et 1:4 etc 2:9 34:21 even 11:5,6,9 14:1 15:17 16:1 17:22 21:3,4 32:2 34:22 36:4 42:10 43:24 event 5:24 ever 5:11,14 everyone 30:3 42:3 everything 15:7 41:10 evidence 25:1 44:6 exact 21:18,22 28:20 exactly 10:24 example 14:20 16:21 17:16 34:17 36:1 37:10,11 39:5 40:11 except 8:20 11:25 exclusive 41:2 exclusively 28:6 33:7 exists 13:15 expecting 43:1,11 expires 37:23 explicitly 37:12 expose 5:1,25 31:24 exposure 22:7 expound 43:12 express 34:10 expressly 37:22 39:14 extensive 29:4 extent 28:10 extraordinary 9:13 41:10 extremely 31:4 eyes 26:24 43:19 Ezell 2:5 3:16,17 e-mails 36:2 F F 44:17 fact 7:1 8:11 11:19 14:20 28:4 30:11 33:20 40:6 factors 11:23 fair 27:6 32:19,23 faith 38:24 39:8 familiar 42:5 families 32:5 far 14:25 21:17 23:10 24:24 30:3 fashion 8:4 favor 12:16 Fax 44:23 fear 9:14 37:24 federal 5:3 28:6 29:21 31:13 32:22 federally 2:22 31:15 fees 21:8,10 25:10 few 35:8 43:18 field 7:8 Fifth 6:24 fight 32:24 36:10 file 21:4 28:13 30:22 32:22 35:18 38:18 40:15 filed 5:11,16,21,23 6:7,10 10:8 11:9 15:18,23,24 20:20 28:3 30:21 33:4,6 34:1 35:17,19 36:1 36:24 37:15,19 38:23 40:9,12,13 42:25 43:3,23 files 35:19,19,20 filing 30:5 31:6 41:5 filings 7:8 filter 11:7 financial 23:12 find 5:6 6:13 19:15 19:25 23:11 29:24 39:20 firm's 6:6 first 5:9 16:14 19:3 26:18 30:23 43:20 fit 36:4 FL 1:15,18,21,24 2:3 2:6,10,13,16,23 44:23 Flagler 2:2,6,9 floor 32:21 FLORIDA 1:1,4 focused 15:15 forced 19:17 foregoing 44:18 forgot 27:23 form 11:4 Fort 1:18 2:16 forth 36:2 forward 9:8 13:11 17:6 19:1 21:1 22:17 23:6 26:2 29:7 41:4,12 found 31:10 four 9:5 frankly 5:6 from 3:17 4:7 5:9 7:9 10:20,24 13:9 14:13 15:9 16:23 17:10 19:2 30:9 32:13,13 34:22 35:10 37:22 41:4 43:2,24 front 9:5 12:19 25:10 42:3 fully 33:18 further 29:10 future 9:12 10:5 12:5 26:21,22 G G 2:17 Garcia 1:20,20 3:10 3:10 27:20,21 28:15,18 29:11 gather 22:21 gave 16:1 general 39:24 generally 10:22 getting 24:11 25:19 girls 20:7 23:5 25:20 32:1 give 12:5 14:1 42:6 given 28:4 giving 44:13 glaring 18:21 35:10 glasses 11:16 go 12:10 15:13 22:17 24:24 26:2 28:8 29:7 31:24 38:5,13 goal 32:17 going 3:18 5:25 12:4 12:10 13:23,25 14:11,13 15:18 16:2 19:5 22:4,6,9 22:18,23 23:10,14 23:24 26:5 28:8,11 29:8 36:2 38:6,8 38:12,13,16 39:10 39:15 41:22 43:1 43:12 Goldberger 2:11,12 4:5,6 38:10 gone 15:7 good 3:6,9,10,12,13 3:15,16,22,23 4:4 4:5,9,11,16,18,20 17:16 38:10,24 39:8 Government 7:7,9 7:18 8:1,2,7 9:21 10:8 11:19 12:6 13:1,2,2,9,11,13 14:1,5 15:23 16:19 17:11 18:4,12,17 20:11,11 21:13,14 23:10,11 25:11 29:9 33:19 34:18 34:23 36:2,17 41:3 43:2 Government's 5:6,8 7:25 9:10 12:20,23 15:16 18:22 25:13 30:14 37:9 grant 22:4 granted 22:2 great 7:23 8:20 9:19 10:22 12:17 15:15 20:8,24 ground 22:3 guess 36:17 38:6,7 guilty 17:11 41:8 H H 1:23 hand 32:9,9 41:25 hanging 11:19 happen 14:13 22:6 happens 28:3 happy 30:16 36:13 36:21 harassing 39:16 harassment 39:18 harm 10:1 41:7 having 27:2,11 31:24 41:7,8 hear 5:9 26:12 41:21 42:24 43:2,10 heard 19:2 41:13 44:6 hearing 1:10 4:21 30:24 43:14 held 33:9 help 30:11,16 32:15 helpful 5:7 25:12 30:14 42:7 44:14 her 26:4 28:4 Herr 2:21 44:20,21 hesitant 32:1 hey 22:19 him 4:23 7:20,20,22 8:13,16,17 9:15,20 11:23 12:5 21:14 21:15 25:10,11 26:4,5,13 28:24 38:11 40:20 41:11 42:25 himself 5:1,3 Honor 3:10,13,16,21 4:2,5,9,13,17,19 5:13,16 6:4 12:12 19:1,7 23:1 24:5 25:22,25 26:7,12 27:21 30:15 34:14 35:6 38:20 41:13 42:10 44:12 HONORABLE 1:11 hope 31:22 hopefully 13:3 Horowitz 1:13,14 3:4,4 29:13,13 30:6 horrible 21:23 humiliated 20:25 hypocritical 19:25 I idea 17:1 31:22 II 1:22 3:11 impact 16:18 important 41:24 impose 27:4 incident 24:14 incidents 17:25 incredible 7:21 incredulous 19:15 indicate 44:3 indicated 30:13 indicates 43:3 indict 7:20,20,22 8:13,16,17 12:10 12:24 15:10 18:23 21:14 indicted 9:17 10:6 10:22 indictment 8:19 10:7 individual 18:16 40:7 individuals 10:18 17:1 35:15 37:3 information 22:21 44:14 initial 12:19 15:21 initially 15:24 injury 10:23 23:22 innocent 27:5 inquiries 30:13 inquiry 7:15 15:16 instance 7:18,24 9:18 10:10 11:3,17 13:5 16:14 instances 16:4 intended 28:21 intent 21:19 intention 9:19 26:19 26:20,20 27:16 interest 23:12 interested 13:17 14:3 interpretation 16:20 38:22 interrogatories 14:24 19:20 interrupt 37:4 introduced 20:16 intrusive 29:5 invasive 19:22 investigated 31:14 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 47 of 51 Page 48 investigation 10:18 38:2 43:7 investigations 22:13 34:11 invited 27:6 involvement 6:6 irreparable 9:16 10:1 41:7 ISIDRO 1:20 issue 4:23 6:5,11,19 7:4 11:25 12:18,22 14:14 15:25 16:2 16:13,22 18:12,22 21:18 28:10,16 33:4,14,24 42:8,23 42:24 issued 14:25 issues 4:21 24:10,13 25:21,23 35:9 36:15 39:25 40:3 issuing 22:20 39:19 i.e 41:1 J J 1:16 Jack 2:11 4:5 jackpot 32:9 jail 41:7 Jane 1:4,15,18,22 2:3,7 3:5,5,7,11 5:17 6:8,9,16 11:12 21:4 29:14 29:22 33:5 35:13 42:22 Jay 2:20 4:18 Jeffrey 1:7 37:12 jeopardize 9:15 jeopardy 15:17 join 26:11,15 Josefsberg 2:1,2,5 3:18,20,21,23 19:7 19:7,10 21:25 23:1 24:5 25:25 26:7,11 26:12,16 27:13 31:6 32:17 33:6 35:14 39:3 41:13 41:16 42:10,16,17 43:17 Josefsberg's 33:25 35:11 36:5 JR 2:8 Judge 1:11 15:12 21:2 29:13 35:15 42:8,12 judgment 22:16 June 1:5 13:12 jurisdiction 28:1,6 just 18:23 20:15,16 22:3,6 24:20 26:1 29:15,16 30:23 35:8 37:8,10 39:24 40:4,17 42:24 43:14,23 44:3,11 K Katherine 2:5 3:16 keep 24:21 KENNETH 1:11 key 32:9 kind 30:10 36:12 39:11,22 knew 27:1 know 4:22 6:17 8:21 11:14 12:2 13:9,17 14:21 15:5,7 16:22 19:23 22:6 23:12 25:9 27:1 30:12,20 31:4 32:13 37:19 39:10,17 41:17,21 knowing 26:25 38:5 knowledge 5:13 13:11 known 21:4 32:14 knows 11:3 13:2 L lack 41:22 ladies 20:23 21:3,20 Lake 1:24 language 18:14 32:11 LARRY 2:21 44:21 Las 1:17 last 33:22 41:24 Lauderdale 1:18 2:16 law 7:1 27:24 28:9 lawsuit 25:18,19 lawsuits 30:17 lawyers 8:21 9:4,7 10:23,23 17:22 27:1 38:10,11,21 40:23 lay 8:10 least 35:10 leave 33:17,19 Lefkowitz 2:20 4:18 4:18 left 10:2 legal 10:13 24:10,13 35:21 38:12 40:3 41:5 43:9 legally 40:7 legitimate 38:7 less 41:14 let 5:9 13:10 19:19 letter 17:10 21:19 letters 16:6 liability 17:12 18:7,7 20:3,6,16,19 23:16 23:17,20 24:8,18 24:22,23 25:6,11 29:20 32:23 36:9 40:22 41:1 liable 33:9 like 7:16 13:9 25:21 37:16 40:4 limit 23:23 24:2 limitation 25:2 limitations 36:4,7,11 41:20 limited 4:21 8:3 14:5 17:12 20:19 23:25 30:19 limits 28:5 [email protected]... 44:24 list 17:1,2,6 35:16 36:8 38:11 litigation 7:4,5 9:13 15:8 16:18,25 21:18 22:14 23:12 31:24 33:16 34:3,9 34:15,15,16 36:25 36:25 39:24 lives 21:21 long 31:17 37:14 longer 20:7 look 12:14 18:6 36:16 looked 6:11 M M 1:20 MA 2:18 made 15:10,17 16:6 20:12 31:20 43:13 44:4 major 11:25 make 8:21 13:4 15:21 19:19 23:8 23:13 26:2,18 27:24 29:1,16 34:5 38:12,13 39:11 41:14 making 42:7 43:9,24 44:5 man 12:24 mandate 7:24 8:20 8:21 10:3 many 20:23 31:3 35:17 42:1 Marie 2:14 4:9 MARRA 1:11 Martin 2:17 4:16 Master 21:2 32:16 matter 20:15 37:13 44:19 matters 21:11 may 3:3 5:1 7:2,10 9:9,12 10:4,17 11:19 13:17,18 14:18 15:12 16:18 16:19 17:12 19:8 19:16 20:4 21:11 21:17,21 23:6 27:22 30:20 32:14 34:17 35:16,20 39:6 40:8,16 41:6 41:13,13 maybe 12:17 13:10 17:20 30:10 42:8 43:17 mean 18:10 33:22 34:14 39:7 43:24 means 32:24 members 4:13 memo 7:14 28:9 memorandum 27:23 mentioned 44:11 merits 22:1 Mermelstein 1:14 met 17:6 33:7 Miami 1:15 2:3,6,23 2:23 44:22,23 Michael 2:8 4:3 microphone 26:13 might 14:2,12 22:14 29:5 37:16,17 million 17:21 minimum 17:3 25:3 37:2 minimums 24:25 minors 20:7 minute 18:13 41:14 mistakes 13:4 money 17:20 more 8:3 17:23 23:25 30:25 39:12 42:7 morning 3:6,9,10,12 3:13,15,16,22,23 4:4,5,9,11,16,18 4:20 most 7:7 13:3 15:24 18:21 32:12 35:10 41:24 motion 1:10 4:22 6:7 12:22 15:24 20:4 22:6 27:24 33:4,14 33:15,25 34:2,11 37:15,20 38:2,23 39:8 41:5 42:23 43:4 44:1 motions 10:14 17:15 21:5 30:5 35:21 38:18 move 7:22 8:18 19:1 19:20 21:17,21 37:12 moving 9:7 33:8 41:4,12 much 23:13 30:16 30:25 42:7 multiple 18:15 40:15 40:16 multitude 8:12 myself 16:5 42:17 N N 44:22 names 11:9 23:5 43:6 narrow 42:24 nature 27:6 necessary 22:22 41:5 need 24:22 25:23 negotiate 32:18 negotiated 27:3,3 neither 43:21 never 11:9 26:20 40:19,22 newspapers 23:5 nobody 11:14 none 13:25 non-contesting 28:5 non-position 9:10 non-prosecution 5:2 5:11 6:2 8:6 13:24 14:19 15:20 19:6 22:8 24:1 27:25 28:2,5,19,25 29:25 31:11 32:6,8 33:2 33:12,18,19 34:3,6 34:10 36:19 37:11 43:1,6,16 non-2255 24:4,6 normal 30:4 39:13 North 1:23 2:9,23 nothing 13:15 24:12 24:15 notice 8:13,16 9:21 13:6 14:23 22:24 31:8,8 39:6,16 noticed 14:22 notification 15:3,4 16:8 NPA 8:5,11,15,24 9:1,9,16,19,22 10:4,19,22 11:20 12:8,15,24 13:7,15 14:10 16:8 18:14 20:22 21:19,19 23:9 24:12,15,16 24:18,20 25:2,7 35:12,24 36:14,14 39:3 41:4,6,11,18 42:1,2,3 number 15:9 16:21 17:7,9,14,21,24 32:1 35:15,20 numerous 23:21 O object 7:2,10,10 objection 36:18 objections 11:5,6 obligation 21:9 30:12 31:8 obtain 11:7 obviously 10:20 34:18 occurred 17:25 occurs 26:21 off 39:8 offender 41:9 offense 18:8,10,15 33:10,11 offenses 18:16 31:13 offered 37:2 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 48 of 51 Page 49 office 4:8,10 26:20 27:4 43:5,12,25 44:5 Official 2:22 44:22 officials 7:2 often 40:2 okay 3:25 5:19,21 18:10 30:2 Olas 1:17 old 31:18,18 once 22:5 one 4:23 7:17 11:25 17:24 18:5,16,20 18:21 20:1,8 22:24 31:11 36:24 39:10 40:16 42:23 44:11 only 13:22 14:3 17:24 23:20 25:4 29:20 36:6 39:1,3 42:23 open 26:24 43:19 opportunity 8:14,17 9:21 opposed 33:21 opposite 20:22 21:18 21:22 28:20 opposition 27:24 option 7:23 order 6:16 12:14 22:21 30:23,24 33:17,17 36:19 44:15 ordinarily 26:3 34:12 ordinary 27:10 39:13 originally 6:5 Orseck 2:2,5 3:17 other 7:1,17 16:4,5 17:22 22:13,18 23:6,21,22 24:1 25:21 26:8 32:8 34:9,11 36:12 42:18 43:8 44:10 otherwise 39:14 out 8:8 10:16 22:24 26:16,23 28:22 30:11 36:12 38:17 39:20 44:15 outside 13:18,19 24:17 36:7 over 11:19 24:24 own 12:21 38:13 P Pacer 30:19 pages 7:14 27:23 28:9 paint 29:17 Palm 1:2,4,21 2:10 2:13 paper 10:16 13:7 papers 8:10,16 9:25 10:8 11:21 12:20 15:6,10 41:5 paragraphs 36:15 paraphrasing 6:20 Park 2:18 part 10:18 18:9 20:23 21:7 23:9,20 34:16 39:23 40:2,5 44:1 particular 6:15,18 7:24 8:22 9:18 11:17 13:5 parties 9:23 11:6 16:21 22:21 39:20 partner 3:18 4:3 parts 19:25 21:17 party 11:11 14:25 30:12,17 36:18 past 9:11 10:5 12:3,4 pay 17:3 21:8,10 25:5 pending 6:15 9:5 17:15 21:6 people 23:6 per 24:14,14,14,14 perception 28:21 perfect 36:1 39:5 perhaps 20:24 27:22 period 9:21 34:4 37:3,14 permitted 24:6,18 permitting 42:18 person 36:11 personal 10:23 23:21 perspective 16:23 35:10 pertains 29:20 phone 4:12,14,15 42:18,19 picking 12:13 place 31:12 37:14 43:20 plaintiff 3:7,14 24:15 30:4 34:20 43:7 plaintiffs 1:5,13 3:4 3:24 11:8 17:8,14 17:22 19:3 22:14 23:7,24 27:5 29:1 29:12,14,20 30:9 39:16 43:8 plaintiff's 19:4 26:8 36:16 playing 7:8 Plaza 2:18 plead 17:11 18:10,11 pleading 7:14 31:10 33:4 40:9,14 pleadings 23:4 31:3 32:13 please 41:22 pled 17:8,16 20:14 41:8 Podhurst 2:2,5 3:17 point 6:18 14:12 26:16,23 28:14 29:15 36:12 43:23 pointed 14:20 portion 32:24 36:14 portions 5:15 posed 11:25 posing 8:4 position 5:5,8 6:4 7:7 7:25 9:16,20 10:12 10:13 11:21,22 12:12,17,23 14:8,8 14:15 15:16 16:16 16:17 17:4,7 18:13 18:17 19:19 20:13 22:1,11 25:8 30:14 31:12 32:10,15,20 34:8 35:3,21 36:23 37:9 40:10 41:17 43:5 positions 30:20 41:5 possible 30:17 31:4 44:15 possibly 34:9 posting 25:22 potential 5:3 15:2 28:2 potentially 10:18 15:19 power 13:2 practical 10:25 15:9 practice 34:11 38:3 predicate 20:8,15 prepared 20:5 27:15 present 5:5 11:15 presents 9:7 press 43:10 pressure 21:15 presume 23:24 pretty 8:1 prior 6:6 8:25 12:14 36:19 privacy 19:22 32:7 probably 35:18 36:3 36:13 problem 14:12 22:22 23:2,3 28:18 procedure 32:16 34:24 proceed 12:10 18:23 32:22 38:13 proceeding 6:15,15 proceedings 4:23,25 44:19 process 39:25 production 14:24 19:20 prohibited 38:3,4,18 prohibits 37:22 proof 20:16 proper 25:1 27:14 27:15 prosecuted 20:13 26:4 27:11 29:10 31:15 prosecuting 37:25 prosecution 26:6 28:23 29:6,7 34:25 prospect 16:15 protect 32:7 protecting 32:7 provide 31:8 36:13 36:21 provided 16:9 32:12 provides 9:22 providing 31:8 provision 6:12 8:11 29:19,25 34:10,25 37:11 38:3 39:17 39:18 provisions 13:6,7 psychologically 21:24 publish 23:5 pure 24:8 purpose 21:19,23 28:20 pursuant 25:15 32:8 41:17 pursue 23:12 pursuing 22:12,15 put 9:15 18:21 32:10 41:6 puts 18:25 34:4 40:10 41:11 Q question 8:3,7 9:2 12:1 30:25 questions 42:1 quite 19:10 R R 44:17 raise 16:2 36:11 raised 15:25 16:13 18:5,21 19:13 28:10 33:14 35:9 40:1 read 37:20 42:2,23 reading 18:18 23:19 ready 29:7 real 9:6 10:8 36:11 41:18 really 12:2 18:11 30:20,23 33:14 36:17 Realtime 2:22 reason 6:14 7:3 29:23 33:11 34:2 reasons 18:5,20 34:19 40:8 recapitulating 41:1 received 5:5 15:3,4 20:4 recent 7:7 15:24 records 34:21 redacted 36:14 reference 27:25 referred 31:6 refers 41:16 refusal 9:10 refuses 8:7 refusing 25:5 regard 9:11,12,13 10:12,13,14,14 11:4 12:19 14:9 16:18 18:23 35:12 36:23 regarding 6:24 23:15 37:9 regardless 31:17,18 registering 41:9 relate 9:3 30:1 related 30:24 33:24 relates 8:12 relating 29:19 release 41:9 relevant 19:22 remain 42:13 remedy 7:20 8:17 29:21 33:20 34:7 41:2 remember 23:19 remind 44:3 remote 10:8 rep 35:14 replies 10:15 reply 35:22 REPORTED 2:21 Reporter 2:22,22 44:22 represent 21:3 32:12 35:15 representation 26:18 representatives 4:7 43:9 represented 21:7 26:24 33:5 representing 38:11 represents 18:16 35:16 requests 14:23 required 17:3 requirement 33:8 resist 34:18,23 resolve 42:8 resolved 7:4 19:12 24:16 respect 22:14 respectfully 7:6 14:4 respond 20:5 30:13 44:9 response 5:6 7:14 8:2 11:20 15:16,23 18:22 33:15 34:1,1 35:17,21 responses 10:14 30:21 35:8 restitution 29:2 31:16,23 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 49 of 51 Page 50 restitution/damages 32:19 restrictions 43:18 result 10:21 15:19 18:20 resulted 32:17 review 31:3 36:22 Richard 1:23 3:13 26:10 ride 40:17 right 3:24 6:24 12:25 13:3 25:8,14 34:23 37:20 41:3 42:20 43:14 44:8 rights 13:5 25:16 32:7 risk 9:6 10:6,7 18:25 38:6 40:10 41:6,11 risks 21:5 Robert 2:1,8 4:2 6:3 role 25:13 37:7 Room 2:23 Rosenfeldt 1:17 rose-colored 11:16 Rothstein 1:17 RPR-CM-RMR-F... 44:21 RPR-RMR-FCRR... 2:21 rule 39:9 42:13 rules 22:3 25:1 34:24 40:15 42:13 ruling 8:25 42:7 rulings 19:21 23:8 25:2 27:13,15 30:6 run 22:18 running 21:13 23:14 27:16 S same 6:10,16 8:3 20:13 27:12 31:12 32:10 35:21 38:21 satisfied 20:9 saying 7:10 8:1 17:17 19:12,16 20:6,7,8 21:14 25:5 33:9 37:10 39:5 says 8:15 13:7 17:11 18:13 35:1 38:5 40:14 41:3 scheduled 4:21 seal 5:18,23 sealed 42:14 second 20:23 27:2,5 30:24 36:25 37:4 Secondly 41:20 secret 17:1 Section 33:7 see 4:7 15:11 20:12 seek 23:25 seeking 6:7 24:3 seeks 34:22 seen 5:14,15 selected 35:15 self-fulfilling 24:23 self-incrimination 6:25 send 10:16 38:17 39:6 sends 22:23 sent 14:22,23,24 16:6 17:10 39:15 39:19 separate 5:20 17:17 serve 11:5,6 set 12:21 13:13 18:4 31:22 36:9 settle 21:8 settling 21:10 25:5 severely 21:21 sex 41:9 sexual 23:6 shape 11:4 shield 29:1 show 36:22 42:11 Sid 3:10 side 7:17,17 sideline 8:9 silent 29:23 similar 35:18 43:2 simply 11:17 since 20:20 sir 19:9 35:8 37:5 41:15 sit 8:9 sitting 42:3 situation 12:6 20:25 25:12 26:24 sole 29:21 solely 12:15 32:10 some 4:7 5:4 7:2,10 7:11,12 9:1,8,9 10:16 15:12 16:1,8 17:22 20:25 21:3 30:18 35:8 38:7 43:13 someone 10:17 19:22 24:20 26:3 34:12 34:17 37:16 39:15 something 13:19,24 14:17 15:24 20:19 26:17 28:13 34:9 37:21,23 38:4,9 39:9 43:2 Sometimes 13:4 somewhat 6:5 soon 44:15 sorry 15:14 27:19 sort 32:10 33:17 34:19 sought 31:11 sound 37:16 South 2:12 SOUTHERN 1:1 speak 12:16 19:8 speaking 26:14 32:2 Special 21:2 32:16 specific 8:2 11:1 16:24 17:13 30:25 43:25 44:4 specifically 43:7 spector 11:18 speculative 10:9 spirit 25:20 spoken 30:3 standard 11:1 standpoint 10:25 15:9 start 23:15 state 3:3 9:6 28:4 29:4 40:12,17 41:8 stated 3:25 statement 33:23 statements 43:9 States 1:1,11 2:22 4:8 5:1,5,17 6:1 9:24 10:6 13:21 14:8,17 16:7 19:14 22:10,19 29:9 39:4 44:5,22 State's 27:16 statute 17:4 18:3 20:6 24:14 28:7 29:21 36:4,7,11 41:20 statutory 6:12 24:25 25:3 34:18 37:2 stay 4:23 6:8,19,21 7:3 11:24 12:16,19 12:23 15:25 19:16 21:22 22:2,4,4,5,7 24:22 25:21 30:24 33:14,15,16,21 34:2,2 37:21,22 42:5 43:4 44:1 stayed 25:19 staying 21:18 steps 27:10 still 5:7 Street 2:2,6,9 strictly 11:15 strikes 36:12 stuck 18:14 36:10 stuff 34:19 subject 5:3 26:5,21 27:13 30:6 submit 7:6 14:4 submitted 42:15 subpoena 11:9 34:17 34:20 subpoenaes 11:5 subpoenas 14:25 22:21 38:18 39:19 subsequently 6:9 9:16 substantial 9:6 11:22,23 13:2 18:25 41:11 sue 7:17 suffered 32:3 suggest 8:10,23 suggested 12:13,21 14:16 15:5,6 36:3 39:2 40:8,9 suggesting 16:7 suggestion 15:17 41:25 44:10 suing 25:10 suit 20:21 21:4 32:22 suits 26:25 summary 40:3 supporting 15:16 supposed 20:18 22:25 23:17 24:9 29:1 sure 5:7 14:11 26:2 29:16 33:22 37:25 Susan 3:17 system 31:23 s/Larry 44:20 T T 44:17,17 take 7:12 9:12 10:3,3 10:12,13,21 11:12 11:18,21,22 14:7 14:21 16:16,16 18:2 19:20 22:10 27:9,10 29:3 33:1 34:15,20 35:20 38:7,17 41:14,22 taken 7:7 9:11,21 14:9 15:5 30:20 41:10 43:5 takes 18:17 taking 9:8 14:23 19:17 22:12,20 23:15 25:20 34:8 41:5 talk 6:18 25:23 team 4:14 12:3 telephone 2:4,19,20 3:19 tell 11:13,14 42:12 telling 21:13 22:9 temporary 11:1 terminates 34:4 terms 9:3 22:7 33:20 thank 19:1,2 27:8,21 30:8,15 35:5,6 42:17 44:7,13 their 3:3,25 7:14,14 8:10,16 9:25 11:8 11:20 12:21 13:7 14:21 15:6,10 21:21 23:6 27:5 29:21 32:5,7,7 themselves 32:4 thing 25:4 27:12 28:21 31:11 39:11 things 11:3 38:15 39:22 43:10 think 6:8,14 8:15 9:4 9:22 10:19 11:22 12:24,25 13:6,6 17:16 18:18,23 19:14 25:13 27:6,6 27:22 28:18 29:15 30:23 39:6,8 42:1 42:2,6 43:15 44:14 third 11:6,11 14:25 22:21 39:20 third-party 19:11 21:16 25:14 thoughts 27:2,5 threatening 44:1 three 41:14 through 3:5 6:9 11:7 11:16 29:14,22 31:5,24 32:6,16 till 14:2 time 6:10,11,12,15 6:19,20 13:3 17:5 21:12 31:18,19 34:4 36:3 37:2 38:21 times 17:19 18:2 today 8:4 13:11 14:3 14:6,6 15:5 28:17 31:9,19 35:23 36:21 43:14 44:11 44:14 today's 13:12,14 told 23:20 35:23 tools 10:25 tort 10:24 23:22 24:4,6 totally 20:5,21 23:1 41:24 TRANSCRIPT 1:10 transcription 44:19 trauma 32:3 traumatized 21:21 tried 31:3 32:6 troubled 43:24 true 17:12 try 23:11 30:16 32:18 34:17 44:15 trying 10:11 22:3 28:25 32:9 37:8 39:20 turn 12:8 two 4:13 9:23 19:25 21:11 36:24 type 12:15 22:13 35:17 39:18 types 22:16 36:24 typical 11:2,4 22:15 23:3,4,8 U ultimately 39:9 unable 29:19 uncertainty 9:14 uncomfortable 23:11 under 5:17,17,23 7:20 8:18 9:25 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009

Page 50 of 51 Page 51 10:1,11,22 12:6,10 12:20 13:7,8 16:8 16:17,23 17:2,4,8 17:12,18 18:4,8,19 20:9,18,19,21 21:9 22:7 24:8,11,18,20 24:20 25:1,6 28:6 30:12 31:21 32:21 32:23 33:7,10 34:18,23 35:24 36:5,8,9 37:1,13 38:25 39:6,14 40:6 40:21,23 41:1 understand 5:7 14:15 21:25 22:3 23:24 29:25 30:14 31:7 37:8 38:20 39:25 understanding 20:10 unfair 42:2 unilateral 12:22 unilaterally 7:13 12:24 United 1:1,11 2:22 4:8 5:1,5,17 6:1 9:24 10:6 13:21 14:8,17 16:7 19:14 22:10,19 29:8 39:4 44:5,22 unless 11:7 34:25 unlimited 40:21 until 37:23 urge 22:9 use 10:25 11:8 20:24 23:11 28:25 40:11 used 28:19 U.S 2:15 4:10 7:1,9 8:6 12:8,12 16:16 26:19 27:4,18,19 43:5,11,25 U.S.A 2:16 U.S.C 33:7 V various 3:1 10:25 very 4:21 5:7 11:1,2 11:20 12:21 16:19 16:24 17:12,12 23:11 29:4 32:1 35:18 38:10 40:18 42:2 43:18 44:14 Via 2:4,19,20 victim 37:13 victims 20:12 21:20 28:23 31:12,16,23 32:13 33:18 35:16 39:20 41:17,18,19 41:19 view 16:19 Villafana 2:14 4:9 4:10 17:10 30:10 30:15 33:24 34:14 35:2,4,6,12 39:4 44:9,12 violate 19:18 34:6 violated 5:2 14:2 39:6 violates 8:5,11 33:2 42:25 violating 9:16,19 38:17 41:6 43:13 violation 8:23 9:9 10:4,19 11:20 12:7 12:9 13:15,19,20 13:23 14:10,19 15:2 16:7 18:19 24:19 25:19,20 29:10 34:10,13,24 35:12,24 37:17 40:25 41:4 violations 17:17,18 17:24 18:1,16 19:23 40:16 43:17 43:22 voluminous 31:4 vs 1:6 3:1 5:17 W W 2:5 wait 8:10 18:13 42:12 waive 25:14 waiving 18:7 want 8:9,10 11:15 12:2 16:22 17:20 21:4,4,5,14 22:1,6 25:17 26:2,8,16,18 26:23 27:4 29:16 35:7 37:21 41:17 41:21 42:14,21 44:9 wanted 11:11 14:21 17:5 20:12 29:15 42:24 44:3 wants 11:14 13:3 19:2,16,20 23:4 24:24 33:16 34:2 warranted 6:22 wasn't 28:21 way 8:23 9:9 10:5,16 10:19 11:4 13:16 14:10 19:23 25:1 25:18 27:3,4 28:22 28:23 ways 30:18 wealthy 32:13 weigh 26:11 Weinberg 2:17 4:16 4:16 Weiss 2:12 well 7:10 8:20 10:22 11:12,12,13,13 12:17 13:16 14:11 15:7 16:18 17:15 17:23 18:10,11 33:24 35:12,19,20 36:5 39:4 40:13 went 6:18,22 26:23 32:16 43:19 were 6:10 14:6 15:10 18:7 19:11 21:2 29:23 31:17,18 32:1,4,22 34:17 36:24 43:1 44:10 weren't 32:9 West 1:2,4,21 2:2,6 2:10,13 we'll 7:19,22 8:16 17:23 26:13 40:17 we're 9:8 10:2 12:10 13:14 19:10,12 20:5 27:15 28:17 39:1 43:14 44:2 we've 15:4 35:23 36:5 43:12 whatsoever 27:7 while 32:7 34:16 35:14 whole 20:12 38:11 wide 26:24 43:19 willful 8:23 12:7 willfully 9:19 Willits 1:23 3:13,14 26:10,10,14,15 27:12,19 win 29:5 withdraw 28:8,11 wonderful 28:23,24 word 24:21 worried 39:22 worry 41:11 Worth 1:24 writing 28:13 written 5:6 21:9 23:4 X x 1:9 Y yeah 41:3 yesterday 21:9 young 20:23 21:3,20 $ $15 17:20 $150,000 32:21 $50,000 17:5 32:21 37:2 0 02116 2:18 08 12:18,18 08-80119-CIV-M... 1:3 1 1 5:17 10 36:15 10th 1:23 101 2:3,7 33:5 35:13 35:17 38:23 39:3,7 40:8 102 6:8 35:19 36:1,3 40:9 41:21 103 21:5 35:19 104 35:19 105 35:20 11:10 44:16 12 1:5 9:4 12th 13:12 13 7:14 9:4 14 7:14 150 17:19,20 18:2 24:12 17 27:23 28:9 18 33:7 18205 1:14 19 27:23 28:9 2 2 3:5 5:17 6:9,16 29:14,22 20 2:18 17:25 18:2 2009 1:5 13:12 22 7:21 10:2 224 1:21 2255 16:23 17:4,17 17:18 18:8,12,14 20:2,9,19,21 23:21 23:22,23 24:8,17 24:21 25:6 31:21 32:21,23 33:7,10 36:6,23 37:13 41:2 2290 1:23 25 2:2,6 250 2:12 26 20:4 3 3 1:18 30 17:16,19,19 30-count 40:12 305.358.2800 2:3,7 305.523.5290 2:23 305.931.2200 1:15 305/523-5290 44:23 305/523-5639 44:23 33 6:17 9:1 33128 2:23 44:23 33130 2:3,6 33160 1:15 33301 1:18 33394 2:16 33401 1:21 2:10,13 33461 1:24 34 21:20 4 4 1:18 11:12 400 2:23 44:22 401 1:17 5 5 1:18 6:9 5th 12:18 50 18:2 24:12 500 2:15 515 2:9 561.582.7600 1:24 561.659.8300 2:13 561.832.8033 1:22 561.842.2820 2:10 6 6 1:18 617.227.3700 2:19 7 7 1:18 3:5 29:14,22 36:15 8 8 36:15 8N09 2:23 9 9 36:15 954.356.7255 2:16 954.522.3456 1:19 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009