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e. LEGAL RECYCLED PAPER 170, == TO REORDER CALL 954-10.9399 ry EFTA00231187
Case 9:08-cv-80736-KAM Document 26 Entered on FLSD Docket 08/21/2008 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80736-CIV-MARRA/JOHNSON IN RE: JANE DOES 1 AND 2, Petitioners. I ORDER TO COMPEL PRODUCTION AND PROTECTIVE ORDER THIS CAUSE comes before the Court on the Petitioners' ore tenus motion seeking the production of the Non-Prosecution Agreement between the United States Attorney's Office for the Southern District of Florida ("USAO") and Jeffrey Epstein ("Epstein"). After consideration of the Motion, the arguments of the parties, and the record, it is ORDERED AND ADJUDGED that the Petitioners' Motion is GRANTED. The USAO shall produce the Non-Prosecution Agreement, including any modifications and addenda thereto, in accordance with the following procedures: (a) The USAO shall produce a copy of the Non-Prosecution Agreement, including any modifications and addenda thereto (collectively referred to as the "Agreement"), to the attorneys for Petitioners. (b) Petitioners and their attorneys shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard. (e) Before counsel for petitioners show the Agreement to their clients or discuss the specific terms with them, they must provide a copy of this Order to petitioners, who must review and acknowledge their receipt of, and agreement to abide by, the terms of the Order. Counsel for petitioners must promptly provide a copy of that acknowledgment to the USAO. (d) If any individuals who have been identified by the USAO as victims of EFTA00231188
Case 9:08-cv-80736-KAM Document 26 Entered on FLSD Docket 08/21/2008 Page 2 of 2 Epstein and/or any attomey(s) for those individuals request the opportunity to review the Agreement, then the USAO shall produce the Agreement to those individuals, I long as those individuals also agree that they shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard (e) Prior to producing the documents to any other individuals who have been identified by the USAO as victims of Epstein and/or any attomey(s) for those individuals, a copy of this Order must be provided to said individuals, who must review and acknowledge their receipt of, and agreement to abide by, the terns of this Order. Counsel for petitioners must promptly provide a copy of that acknowledgment to the USAO. DONE and ORDERED in Chambers, in West Palm Beach, Palm Beach County, Florida, this 21" day of August, 2008. Copies furnished to: all counsel of record Order. Dated: ,e, KENNETH A. MARRA UNITED STATES DISTRICT JUDGE By signing below, I certify that I have reviewed and agree to be bound by the terms of this Signed by: Printed Name: 2 EFTA00231189
RECYCLED PAPER TO REORDER CALL 954446-9199 CL.) EFTA00231190
Case 9:08-cv-80736-KAM Document 28 Entered on FLSD Docket 09/25/2008 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80736-CIV-MARRA/JOHNSON JANE DOE #1 AND JANE DOE #2, Petitioners, v. UNITED STATES OF AMERICA, Respondent VICTIM'S MOTION TO UNSEAL NON-PROSECUTION AGREEMENT COMES NOW the Petitioners, Jane Doe #1 and Jane Doe #2, by and through their undersigned attorneys, pursuant to the Crime Victim's Rights Act, 18 U.S.C. Section 3771 • ("CVRA"), and file this motion to unseal the non-prosecution agreement that has been provided to their attorneys under seal in this case. The agreement should be unsealed because no good cause exists for sealing it. Moreover, the Government has inaccurately described the agreement in its publicly-filed pleadings,.creating a false impression that the agreement protects the victims. Finally, the agreement should be unsPaled to facilitate consultation by victims' counsel with others involved who have information related to the case. BACKGROUND As the court is aware, this action was brought by two crime victims (hereinafter referred to as "the victims") seeking protection of their rights under the Crime Victim's Rights Act, 18 U.S.C. § 3771. At the center of this action is an agreement between the United States and Jeffrey Epstein that (as described in earlier court pleadings publicly filed by the Government) involved EFTA00231191
Case 9:08-cv-80736-KAM Document 28 Entered on FLSD Docket 09/25/2008 Page 2 of 8 Epstein's entry of guilty pleas to various state charges and an 18-month jail sentence, in exchange for which the U.S. Government apparently agreed to defer all federal prosecution — including any federal prosecution for the federal crimes committed against the victims. At a hearing held on August 14, 2008, the court ordered the Government to produce to counsel for the victims the non-prosecution agreement. That production, however, was to be done under protective order in the first instance. The agreement has now been produced. At the earlier hearing, the court recognized that the victims' counsel might at a later date seek to have the sealing lifted. That date has now arrived. ARGUMENT As the court envisioned might well happen, counsel for the victims now believe that sealing of the agreement is no longer appropriate. The non-prosecution agreement should now be unsealed for three reasons. 1. No Good Cause Has Been Shown for Sealing the Agreement. Having now reviewed the agreement, counsel for the victims can find no legitimate basis for the document to be sealed. Because it stands at the center of this litigation (as well as several related civil suits), the burden should fall on those who would keep the document sealed to show cause for doing,. No good cause has yet been shown. Cf United . States v. Ochoa-Vasque, 428 F.3d 1015 (11* Cir. 2005) (to justify sealing of court records "a court must articulate the overriding interest along with findings specific enough that a reviewing court can determine whether the closure order was properly entered"). 2. The Government Has Inaccurately Described the Agreement. In its publicly-filed pleadings in this case, the Government has inaccurately 2 EFTA00231192
Case 9:08-cv-80736-KAM Document 28 Entered on FLSD Docket 09/25/2008 Page 3 of 8 described the non-prosecution agreement, creating the false impression that it is more favorable to the victims than it actually is. Accordingly, the non-prosecution agreement should be unsealed that the true state of affairs is reflected in the court's file. In its response to the victims' petition, the Government states that the non- prosecution agreement contains the following provision: Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United states Code, Section 2255; will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been hied federally and convicted of an enumerate offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been bad Mr. Epstein been convicted at trial. No more; no less. Govt's Resp. to Victim's Emergency Petition for Enforcement of Crime Victim's Right at 4. The sworn declaration of the Assistant U.S. Attorney handling this matter also recounts the same language. See Declaration of in Support of United States' Response to Victims' Emergency Petition at 3-4. The sworn declaration also states that victims were told about this language in October 2007. See Declaration of at 4 ("In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed"). On July 9, 2008, the victims received notice from the Government that the above-described provision was negotiated on behalf of the victims for their protection and was 3 EFTA00231193
Case 9:08-cv-80736-KAM Document 28 Entered on FLSD Docket 09/25/2008 Page 4 of 8 thus contained in the non-prosecution agreement.1 Having now reviewed the non-prosecution agreement, the Government's response to the victims' motion and the accompanying sworn declaration are simply untrue. The above- quoted provision simply does not appear fn the agreement anywhere. It is true that the non- prosecution agreement contains a provision bearing on the same subject However, this provision has a number of qualifying provisos that make it far less favorable to the victims than the above-described provision. (To avoid filing a separate, sealed pleading laying out the differences, counsel for the victims have simply described the differences in general terms. We trust that the Government, in its response, will agree that it has erroneously described the agreement to the court and the victims.) The Government should be required to correct its previously-filed pirwlings to accurately recount the non-prosecution agreement that it reached with Epstein. Moreover, the Government should also be required to state forthrightly whether through the last nine months, it gave the victims (like the court) inaccurate information about what the non-prosecution agreement entailed. But most important, because the current sealing of the non-prosecution agreement creates a false and deceptive appearance about the agreement that the Government has actually reached with Epstein, the agreement should be unsealed. Indeed, it should be noted that sealing of materials in this case appears to operate in a rather peculiar fashion. The Government apparently feels free to disclose to the victims one provision in the non-prosecution agreement that it believes it is to its advantage to disclose, but not others. The Government should not be permitted to pick and choose, particularly where it I The Government has recently provided a new notice to the victim; containing different language. 4 EFTA00231194
Case 9:08-cv-80736-KAM Document 28 Entered on FLSD Docket 09/25/2008 Page 5 of 8 has inaccurately described the provision that it has chosen to disclose. 3. The Non-Prosecution Agreement Should be Unsealed To Facilitate Effective Renresemation of the Victims in this Action and Related Civil Actions. The sealing order bars the victims' counsel from "disclos[ing] the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard." Order to Compel Production and Protective Order at I. Victims' counsel have scrupulously abided by that restriction. Victims' counsel would, hoWever, now like to discuss the terms of the non-prosecution agreement with third parties in making a determination about how best to proceed in this action, including what remedies to seek for the violations of victims' rights that have occurred. Counsel, therefore, respectfully seek the "further court order" that the sealing order envisions. In particular, victims' counsel would like to discuss the agreement with other victims of Epstein and their attorneys to determine whether they were likewise provided with inaccurate information about the nature of the plea agreement. Victims' counsel would also like to discuss possible legal responses to the Government with other victims' rights attorneys, including in particular the National Alliance of Victims' Rights Attorneys for possible legal approaches. See httni/www.ncvli.ont/navra.html. The sealing order would apparently block these forms of consultation, or perhaps require such burdensome non-disclosure obligations as to make the consultation difficult or impractical. Finally, victims' counsel would like to refer to the non-prosecution agreement in a parallel civil suit that is pending before this court. See Jane Doe v. Jeffrey Epstein, United States District Court, Southern District of Florida, Case No.: 08-CIV- 80893-MARILWOFINSON. To €acilitate all these discussions, the non-prosecution agreement 5 EFTA00231195
Case 9:08-cv-80736-KAM Document 28 Entered on FLSD Docket 09/25/2008 Page 6 of 8 should be unsealed. NOTICE TO EPSTEIN It is possible that Jeffrey Epstein will object to the unsealing of the agreement. Accordingly, the court should provide notice of this motion to Jeffrey Epstein, through counsel. Jeffrey Epstein's counsel has entered an appearance in several related civil suits, including Jane Doe v. Jeffrey Epstein, United States District Court, Southern District of Florida, Case No.: 08- CIY-80893-MARRA-JOMVSON. Although Epstein's counsel has not entered an appearance in this matter, as a courtesy to them, counsel for the victims' will provide a copy of this pleading at the address indicated in the related civil suit. CONCLUSION The non-prosecution agreement should be unsealed. DATED this 25th day of September 2008. Respectfully Submitted, THE LAW OFFICE OF BRAD EDWARDS & ASSOCIATES, LLC By: s/ Brad Edwards Brad Edwards, Esquire Attorney for Petitioners Florida Bar No. 542075 2028 Harrison Street Suite 202 Hollywood, Florida 33020 Telephone: Facsimile: E-Mail: 6 EFTA00231196
Case 9:08-cv-80736-KAM Document 28 Entered on FLSD Docket 09/25/2008 Page 7 of 8 Paul G. Cassell Attorney for Petitioners Pro Hac Vice 332 S. 1400 E. Salt Lake City, UT 84112 Telephone: Facsimile: E-Mail: Jay C. Howell, Esquire Attorney for Petitioners Pro Hac Vice 644 Cesery Boulevard Suite 250 Jacksonville, Florida 32211 Telephone: Facsimile: E-Mail: CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 25, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. SERVICE LIST Jane Doe 1 and Jane Doe 2 Case No.: 08-80736-CIV-MARRA/JOHNSON United States District Cowl, Southern District of Florida =ME Assistant U.S. Attorney 99 N.E. 4th Street Miami, Florida 33132 Telephone: Facsimile: 7 EFTA00231197
Case 9:08-cv-80736-KAM Document 28 Entered on FLSD Docket 09/25/2008 Page 8 of 8 AUSA United States Attorneys Office 500 South Australian Avenue West Palm Beach, Florida 33401 s/ Brad Edwards Brad Edwards, Esquire Attorney for Petitioner Florida Bar No. 542075 I HEREBY FURTHER CERTIFY that on September 25, 2008, a true and correct copy of the above and foregoing document is being provided by United States mail to: Jack Alan Goldberger, Esquire Atterbtuty, Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 W Beech Florida 33401 Michael R. Tein, Esquire Lewis Tein, P.L. 3059 Grand Avenue Suite 340 Coconut Grove. Florida 33133 Robert D. Critton, Jr., Esquire Michael J. Pike, Esquire Burman, Critton, Luttier & Coleman, LLP 515 North Flagler Drive West Palm Beac Florida 33401 s/ Brad Edwards Brad Edwards, Esquire Attorney for Petitioner Florida Bar No. 542075 8 EFTA00231198
Case 9:08-cv-80736-KAM Document 28-2 Entered on FLSD Docket 09/25/2008 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80736-CIV-MARRAZIOHNSON JANE DOE #1 AND JANE DOE #2, Petitioners, v. UNITED STATES OF AMERICA, Respondent ORDER TO UNSEAL NON-PROSECUTION AGREEMENT THIS CAUSE comes before the Court on the Petitioners' Motion to Unseal Non- Prosecution Agreement between the United States Attorneys Office for the Southern District of Florida and Jeffrey Epstein. After consideration of the Motion and the record, it is ORDERED AND ADJUDGED that the Petitioners' Motion is GRANTED and the Non- Prosecution Agreement between the United States Attorneys Office for the Southern District of Florida and Jeffrey Epstein is hereby ordered to be unsealed. DONE AND ORDERED in Chambers, in West Palm Beach, Palm Beach County, Florida, this day of , 2008. KENNETH A. MARRA UNITED STATES DISTRICT COURT Copies furnished to: all counsel of record EFTA00231199
RECYCLED PAPER TO REORDER CALL 954446-9399 EFTA00231200
Case 9:08-cv-80736-KAM Document 29 Entered on FLSD Docket 10/08/2008 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Mana/Jolinson JANE DOES #1 and #2 Petitioners, v. UNITED STATES OF AMERICA, Respondent. RESPONDENT'S OPPOSITION TO VICTIMS' MOTION TO UNSEAL NON-PROSECUTION AGREEMENT Respondent, by and through its undersigned counsel, files its Opposition to Victims' Motion to Unseal Non-Prosecution Agreement, and states: I. THE MOTION TO UNSEAL SHOULD BE DENIED BECAUSE THE NON-PROSECUTION AGREEMENT HAS NEVER BEEN FILED UNDER SEAL IN THIS COURT. Petitioners have filed their motion to unseal the non-prosecution agreement, claiming that no good cause exists for sealing it. As an initial matter, the motion should be denied because the non-prosecution agreement entered into between the United States Attorney's Office and Jeffrey Epstein was never filed in the instant case by the United Slates, eitherunderseal or otherwiseOrr August 14, 2008, this Court held a telephonic hearing to discuss petitioners' request for a copy of the non-prosecution agreement. The United States advised the Court that the Agreement had a confidentiality provision, EFTA00231201
Case 9:08-cv-80736-KAM Document 29 Entered on FLSD Docket 10/08/2008 Page 2 of 7 which the United States was obligated to honor. The United States requested that, if the Agreement was to be produced to petitioners, it should be done pursuant to a protective order, to ensure that further dissemination of the Agreement would not occur. At that time, petitioners had no objection to such a procedure. On August 21, 2008, this Court entered its Order to Compel Production and Protective Order (DE 26). Subpart (b) of the Order provides that, "Petitioners and their attorneys shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard." (DE 26 at 1.) Presumably, petitioners' motion to unseal is an effort to modify the terms of the Protective Order, to enable them to disclose the Agreement to third parties. Since the Agreement has not been filed under seal with this Court, the legal authority cited by petitioners regarding sealing of documents, United States'. Ochoa- Vasque 428 F.3d 1015 (11th Cir. 2005), is inapposite. The parties who negotiated the Agreement, the United States Attorney's Office and Jeffrey Epstein, determined that the Agreement should remain confidential. They were free to do,, and violated no law in making such an agreement. Since the Agreement has become relevant to the instant lawsuit, petitioners have been given access to it, upon the condition that it not be disclosed further} Petitioners have no legal right to disclose the Agreement to third parties, or standing to challenge the confidentiality provision. `It is unclear whether the Petitioners themselves (as opposed to their attorneys) have actually reviewed the Non-Prosecution Agreement. The Court's Order to Compel Production required petitioners' counsel to review and agree to the Protective Order and to do the same with 2 EFTA00231202
Case 9:08-cv-80736-KAM Document 29 Entered on FLSD Docket 10/08/2008 Page 3 of 7 In order to have standing, petitioners must show: (1) an injury in fact, meaning an injury that is concrete and particularized, and actual or imminent (2) a causal connection between the injury and the causal conduct; and (3) a likelihood that the injury will be redressed by a favorable decision. Granite State Outdoor Advertising. Inc. v. City of Clearwater, Fla., 351 F.3d 1112, 1116 (11th Cir. 2003). Petitioners already have obtained access to the agreement,, they cannot claim a denial of access as an injury in fact. Their motion to unseal refers to their stated desire to confer with other victims of Epstein and their attorneys "to determine whether they were likewise provided with inaccurate information about the nature of the plea agreement." WE 28 at 5.) This asserted reason for needing to unseal the Agreement is baseless given that the Protective Order, at the Court's direction, specifically provides for a very simple procedure to allow other victims and their lawyers to see the Agreement. (See DE 26 at 1-2, subpart (d).) MI that is required is for any victims and/or their attorneys to review and agree to the terms of the Protective Order, and to provide the signed acknowledgment of that agreement to the United States. Petitioners' claim that they wish to discuss with others the "possible legal responses" to the Government, including the National Alliance of Victims' Rights Attorneys, also provides no basis for vacatur of the Protective Order. Petitioners contend that the "sealing order would apparently block these forms of consultation . . ." (DE 28 at their clients. Copies of those signed acknowledgements to abide by the Protective Order were then to be provided "promptly" to the United States. To date, only Attorney Brad Edwards has provided a signed acknowledgement. 3 EFTA00231203
Case 9:08-cv-80736-KAM Document 29 Entered on FLSD Docket 10/08/2008 Page 4 of 7 5.) First, there is no sealing order. Second, the Protective Order does not prevent petitioners from consulting with anyone; it only prevents them from disclosing the Agreement. Petitioners fail to mention why it is necessary for the National Alliance of Victims' Rights Attorneys to have the Agreement in hand, in order to meaningfully consult with them. Petitioners also assert that they would like to be able to reference the Agreement "in a parallel civil suit that is pending before this Court." (DE 28 at 5.) Given that the suit names Jeffrey Epstein as a defendant and is pending before the same district judge, it seems that litigation regarding the production and use of the Agreement should occur in that case, where the true party in interest, Jeffrey Epstein, is present and represented by counsel, rather than in a suit that was originally filed in July as an "Emergency Petition" under the various victims' rights laws. IL THE GOVERNMENT ACCURATELY DESCRIBED THE PROVISIONS OF THE AGREEMENT, AT THE TIME THE RESPONSES WERE FILED WITH THE COURT. Petitioners castigate the Government for inaccurately describing the non- prosecution agreement. (DE 28 at 2-5.) They contend a particular provision cited by the Government does not appear in the copy of the Agreement produced to them. During the telephonic hearing on August 14, 2008, Government counsel advised the Court and petitioners' counsel that there was an ongoing dispute between the Government-and p o eys over what-cons d the Agreement. Government counsel advised that, in its opinion, the Agreement had three parts. The first part was 4 EFTA00231204
Case 9:08-cv-80736-KAM Document 29 Entered on FLSD Docket 10/08/2008 Page 5 of 7 executed in September 2007, the second part, an addendum, was executed in October 2007, and the third part was a December 2007 letter from the United States Attorney to Epstein's attorneys, suggesting a further modification of the Agreement. The Government advised the Court that it believed that all three parts comprised the Agreement, while it appeared that Epstein's attorneys were contending the Agreement was comprised only of parts one and two. At the commencement of the instant litigation, in July 2008, the Government believed the Agreement was comprised of all three parts mentioned above. This belief was expressed in victim notification letters, including one sent to Jane Doe #1,2 the Government's July 9, 2008 response to the Emergency Petition for Enforcement of Victims Rights Act, as well as the Declaration of Assistant U.S. Attorney, which accompanied the Government's response. This belief continued until August 2008, when the Government advised Epstein's attorneys that the victims had 2The victim notification letter was provided to Epstein's attorneys prior to being sent, who approved the language of which the petitioners now complain. Thus, petitioners' repeated assertions that the Government made these errors intentionally and/or negligently are meritless. (See, e.a., DE 28 at 4-5 ("The Government apparently feels free to disclose to the victims one provision in the non-prosecution agreement that it believes it is to its advantage to disclose, but not others. The Government should not be permitted to pick and choose, particularly where it has inaccurately described the provision that it has chosen to disclose.") The Government seeks no "advantage" in this suit brought by the two victims. Furthermore, the petitioners' original emergency petition focused on their concern about the amount of jail time that Epstein would serve. The provision that they complain of now has no relation to jail time. Furthermore, petitioners aver that the October 2007 disclosure to Jane Doe #1 contained inaccurate information, but that disclosure was made before the December 2007 letter and, therefore, did not include anything related to the U.S. Attorney's now-defunct proposed amendment to the Agreement. 5 EFTA00231205
Case 9:08-cv-80736-KAM Document 29 Entered on FLSD Docket 10/08/2008 Page 6 of 7 demanded disclosure of the Agreement to them, and discussions ensued about what constituted the Agreement. Epstein's attorneys then told the Government that Epstein believed the Agreement consisted only of the first and second parts. These were the parts disclosed to petitioners pursuant to the Protective Order in compliance with the Court's order to compel production. The fact that an erroneous disclosure was inadvertently made to one petitioner after Epstein had already entered his guilty plea, was sentenced, and surrendered to begin serving his sentence does not create an injury where one did not exist before. CONCLUSION For the foregoing reasons, the United States respectfully requests that the Court deny Petitioners' Motion to Unseal the Non-Prosecution Agreement. Respectffilly submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: 6 Assistant U.S. Attorney Fla. Bar No. 0936693 99 N.E. 4th Street 33132 Fax: E-mail: Attorney for Respondent EFTA00231206
RECYCLED PAPER 7O REORDER CALL 954406-9399 EFTA00231207
Case 9:08-cv-80736-KAM Document 30 Entered on FLSD Docket 10/16/2008 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80736-CIV-MARRA/JOHNSON JANE DOE 41 AND JANE DOE #2, Petitioners, v. UNITED STATES OF AMERICA, Respondent. VICTIMS' REPLY TO RESPONDENT'S OPPOSITION TO VICTIMS' MOTION TO UNSEAL NON-PROSECUTION AGREEMENT COME NOW the Petitioners, Jane Doe #1 and Jane Doe #2 ("the victims"), by and through undersigned counsel, and reply to the Government's Opposition to Victims' Motion to Unseal Non-Prosecution Agreement. The victims have moved for a lifting of the protective order barring them front publicly disclosing or discussing the terms of the non-prosecution agreement between Jeffrey Epstein and the United States Government. Jeffrey Epstein has made no response to this motion. The Government, however, contends that the victims' motion should be denied because the victims cannot show any injury from the protective order. The Government's position is wrong for three reasons. First, the Government bears the burden of showing some good cause for a protective order. It has utterly failed to even offer any such cause — much less show that it is good cause. Second, the Government — with the apparent contrivance of Jeffrey Epstein's attorneys — has _made inacrAirate representations about the nature of the non-prosecution agreement in itrnotices to the victims and in its filing before the Court. To set the record straight, therefore, the victims EFTA00231208
Case 9:08-cv-80736-KAM Document 30 Entered on FLED Docket 10/16/2008 Page 2 of 6 should be allowed to publicly discuss the agreement. Finally, the victims are burdened by provisions in the protective order. For all these reasons, the protective order should be lifted. I. No Good Cause Has been Shown for Sealing the Agreement. In their motion to unseal the agreement, the victims argued that there was no good reason for the protective order requiring them not to further disseminate the agreement. Curiously, the Government's response does not offer any substantive reason for the agreement to remain under seal or under a protective order.' Instead, the Government contends that victims have "no legal right to disclose the Agreement to third parties, or standing to challenge the confidentiality provision." Gov't Response at 2. But this argument has things backwards. It is not the victims' task to show some reason for not entering a protective order, rather, it is the Government's task. to show some affirmative reason for entering the order in the first place. See Fed. R. Civ. P. 26(c) (allowing for entry of a protective order upon motion for a party "for good cause shown'); see also In re Alexander Grant & Co. Litigation, 820 F.2d 352, 356 (11th Cir. 1987) ("good cause" for a protective order "generally signifies a sound basis or legitimate need to take judicial action"). Having been given the opportunity to explain why the document has to remain confidential, the Government chose not to do B And Jeffrey Epstein was served with the victims' motion, but chose not to respond. Presumably this was because Jeffrey Epstein had no real interest at stake in the confidentiality of the agreement. Therefore, the protective order should be lifted because it lacks any articulated justification — much less any justification that constitutes good cause. ' The Government prefers to view the Issues in this case as involving not the sealing of a document but rather the entry of a protective order preventing the disclosure of a document. To simplify the dispute in this case, we will proceed on the Government's view of the situation. EFTA00231209
Case 9:08-cv-80736-KAM Document 30 Entered on FLSD Docket 10/16/2008 Page 3 of 6 2. The Government. With the Apparent Aid of Epstein, Has Provided Inaccurate Information to the Victims (and to the Court). The victims also asked that the protective order be lifted to help clarify the record in this case. The Government has made public representations in its pleadings in this case about the civil remedy provision in the non-prosecution agreement. It also specifically sent notices to Jane Doe #1 and other victims of Jeffrey Epstein's crimes describing this provision in the agreement Those representations were inaccurate — as the Government now seemingly admits. See Gov't Response at 6 (referring to "erroneous disclosure" that was "inadvertently made" to Jane Doe #1). Indeed, the Government now takes the position that the responsibility for those inaccurate representations to the victim — as well as to the Court — lies with Jeffrey Epstein's attorneys'. See Gov't Response at 5 ("the [inaccurate] victim notification letter was provided to Epstein's attorneys prior to being sent, who approved the language of which the petitioners now complain.'). The apparent approval by Jeffrey Epstein's attorneys of inaccurate information being sent to crime victims (and possibly their approval of inaccurate information being provided, as a result, to the Court) raises very significant issues under the Crime Victim's Rights Act The victims have, therefore, sent a letter to the U.S. Attorney's Office requesting clarification of exactly how Jeffrey Epstein's attorneys participated in misleading the victims. See Attachment 1 (Oct. 9, 2008, Letter from Brad Edwards, Esq. to AUSA =M). Indeed, it appears that the Government may have provided an inaccurate description of another feature of the non- prosecution agreement to the victims. See Attachment 2 (Oct 15, 2008 Letter from Brad Edwards, Esq, to AUSA (noting Goverament-s represen ' teflon to victims of atight to recover at least $150,000 in damages from Jeffrey Epstein while Jeffrey Epstein's lawyers take the position that the agreement allows automatic recovery of only $50,000). In light of all these 1 it EFTA00231210
Case 9:08-cv-80736-KAM Document 30 Entered on FLSD Docket 10/16/2008 Page 4 of 6 apparent misrepresentations about precisely what the non-prosecution agreement entails, the victims should not be bound by a protective order barring their public disclosure of the agreement 3. The Protective Order Unfairly Burdens the Victims. In their motion, the victims also explained how the protective order burdened their efforts to confer with other victims' rights attorneys regarding how best to proceed in light of the non- prosecution agreement. The Government does not seriously contest the victims' representations about the burdens imposed by the protective order. Instead, it takes the truly remarkable position that "the Protective Order does not prevent [the victims] from consulting with anyone; it only prevents them from disclosing the Agreement" Gov't Response at 4. But the whole point of the victims' motion was that the protective order places burdens on the victims in consulting with other attorneys about the agreement. Obviously, it is of no help to the victims to be able to consult with other attorneys on that issue if the agreement itself cannot be disclosed. CONCLUSION The provision in the protective order barring the victims and their attorneys from publicly disclosing the non-prosecution agreement should be lifted. DATED this 15.1 day of October 2008. Respectfully Submitted, THE LAW OFFICE OF BRAD EDWARDS & ASSOCIATES, LLC By: s/ Brad Edwards Brad Edwards, Esquire Attorney for Petitioners _Florida Bar No, 542075- 2028 Harrison Street • Suite 202 Hollywood, Florida 3 Telephone: E-Mail: EFTA00231211
1 Case 9:08-cv-80736-KAM Document 30 Entered on FLSD Docket 10/16/2008 Page 5 of 6 is Paul G. Cassell Attorney for Petitioners Pro Hac Vice 332 S. 1400 E. Salt Lake City 84112 Telephone: Facsimile: E-Mail: Jay C. Howell, Esquire Attorney for Petitioners Pro Hac Vice 644 Cesery Boulevard - Suite 250 Jacksonville, F orida 221 Telephone: Facsimile: E-Mail: CERTIFICATE OF SERVICFa I HEREBY CERTIFY that on October 16.200$, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. SERVICE LIST Jane Doe 1 and Jane Doe 2 Case No.: 08-80736-CIV-MARRA/JOHNSON United States District Court, Southern District of Florida Assistant U.S. Attorney 99 N.E. 4th Street Miami, Florida Telephone: Facsimile: AUSA United States Attorney's Office 500 Australian Avenue West Palm Beach, Florida 33401 s/ Brad Edwards Brad Edwards, Esquire Attorney for Petitioner Florida Bar No. 542075 I; ! F is EFTA00231212
Case 9:08-cv-80736-KAM Document 30 Entered on FLSD Docket 10/16/2008 Page 6 of 6 I HEREBY FURTHER CERTIFY that on October 6. 2008, a true and correct copy of the above and foregoing document is being provided by United States mail to: Jack Alan Goldberger, Esquire Atterburty, Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 Florida 33401 Michael R. Tein, Esquire Lewis Tein, P.L. 3059 Grand Avenue Suite 340 33133 Robert D. Critton, Jr., Esquire Michael J. Pike, Esquire Burman, Critton, Luttier & Coleman, LLP 515 Flagler Drive West Palm Beach, Florida 33401 s/ Brad Edwards Brad Edwards, Esquire Attorney for Petitioner Florida Bar No. 542075 EFTA00231213
LEGAL ii•OPIONItileliff otoogenmeleo.••• RECYCLED PAPER II) REORDER CU I ',544i16,399 EFTA00231214
Case 9:08-cv-80736-KAM Document 36 Entered on FLSD Docket 02/12/2009 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80736-CV-MARRA/JOHNSON JANE DOES #1 AND #2, Petitioners, v. UNITED STATES OF AMERICA, Respondent. ORDER THIS CAUSE comes before the Court on the Petitioners' Motion to Unseal Non-Prosecution Agreement (DE 28), filed September 25, 2008. Respondent filed its response (DE 29), on October 8, 2008, and Petitioners filed their reply (DE 30) on October 16, 2008. The Court has carefully considered the motion and the record and is otherwise fully advised in the premises. Petitioners motion seeks the Court to enter an order unsealing the Non-prosecution Agreement, including any modifications and addenda thereto (collectively referred to as the "Agreement"), between the United States Attorney's Office for the Southern District of Florida ("USAO") and Jeffrey Epstein ("Epstein'). At a hearing held on August 14, 2008, the Court ordered the USAO to produce the Agreement to counsel for the Petitioners and to any other victims identified by the USAO and their counsel, pursuant to the terms of the Court's Order. (See DE 26, August 21, 2008). Petitioners argue that the Agreement "should now be unsealed." First, as-Respondent points ""t, IL Agreement was not filed irr this-case, under al or otherwise. Petitioners also assert that the Agreement should be "unsealed" because the victims EFTA00231215
Case 9:08-cv-80736-KAM Document 36 Entered on FLSD Docket 02/12/2009 Page 2 of 2 and/or their attorneys believe the Government has mischaracterized some of its provisions. If and when such alleged mischaracterizations become relevant to an issue to be decided by the Court, the parties will be given the opportunity to advance their positions and the Court will resolve the issue. If disclosure of the Agreement will be required for the Court to resolve the issue, appropriate disclosure will be ordered. Furthermore, to the extent Petitioners are seeking modification of the restrictions placed upon their use of the Agreement by the Court's August 21,2008 order, Petitioners have not met their burden to justify a modification. Petitioners' mere desire to discuss the Agreement with third parties is insufficient, in and of itself, to warrant the granting of such relief. If and when Petitioners have a specific tangible need to be relieved of the restrictions, they should file an appropriate motion. If a specific tangible need arises in a civil case Petitioners or other alleged victims are pursuing against Epstein, relief should be sought in that case, with notice to the United States, the other party to the Agreement. Accordingly, it is ORDERED AND ADJUDGED that Petitioners' Motion to Unseal Non-Prosecution Agreement (DE 28) is DENIED. DONE and ORDERED in Chambers, in West Palm Beach, Palm Beach County, Florida, this 12th day of February, 2008. KENNETH A. MARRA UNITED STATES DISTRICT JUDGE Copies furnished to: all counsel of record 2 EFTA00231216
7 EFTA00231217
3. 2 3 4 5 6 7 8 9 IN THE CIRCUIT COURT OF THE _FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION STATE OF FLORIDA vs JEFFREY EPSTEIN . Defendant. CASE NO. 06 CF9454AMB 08 9381CFAMB PLEA CONFERENCE 10 11 PRESIDING: HONORABLE DEBORAH DALE PUCILLO 12 APPEARANCES: 13 ON BEHALF OF THE STATE: BARRY E. KRISCHER, ESQUIRE 14 State Attorney 401 North Dixie Highway 15 West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, ESQUIRE 16 Assistant State Attorney 17 ON BEHALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEISS,P.A. 18 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE CERTIFIED COPY 20 21 22 23 June 30, 2008 24 Palm Beach County Courthouse West Palm Beach, Florida 33401 25 Beginning at 8:40 o'clock, a.m. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231218
2 1 BE IT REMEMBERED that the following 2 proceedings were had in the above-entitled cause _ 3 before the HONORABLE DEBORAH DALE PUCILLO, one of 4 the judges of the aforesaid court, at the Palm 5 Beach County Courthouse, located in the City of 6 West Palm Beach, State of Florida on June 20, 2008 7 beginning at 8:40 o'clock, a.m. with appearances 8 as hereinbefore noted, to wit: 9 THEREUPON: 10 MR. GOLDBERGER: Good morning, Judge, 11 Jack Goldberger on behalf of Jeffrey 12 Epstein. 13 THE COURT: Good morning. 14 MR. GOLDBERGER: Your Honor, we are 15 here for a plea conference. 16 THE COURT: Raise your right hand. 17 THEREUPON: 18 JEFFREY EPSTEIN, 19 after being called as a witness by the Defense and 20 after being first duly sworn by the Court, was 21 examined and testified as follows: 22 THE DEFENDANT: Yes, ma'am. 23 THE COURT: Is this one case or two? 24 MS. BELOHLAVEK: Two. 25 THE COURT: May I see the PC PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231219
3 4 1 affidavit in both cases, please? 2 3 4 5 MS. BELOHLAVEK: There are no PC affidavits. There was originally an Indictment, the second charge was filed arising out of the booking. It was all 6 testimony presented to the grand jury. 7 THE COURT: Let me see the Indictment 8 then? 9 10 11 12' 13 14 • 15 16 I have one Indictment, one Information? MS. BELOHLAVEK: Correct. THE COURT: II one case is charged by Indictment, one is charged by Information? MS. BELOHLAVEK: Correct. THE COURT: In case 2006036744 you are charged with procuring a person under 17 18 for prostitution, a second degree 18 felony, maximum penalty of fifteen years 19 Department of Corrections; minimum, some 20 period of probation. No mandatory minimum 21 apply, is that correct, State? 22 MS. BELOHLAVEK: Correct. 23 THE COURT: And in case number 06 24 9454CF, you are charged with felony 25 solicitation to prostitution, a third PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231220
4 1 degree felony, punishable by a maximum 2 penalty of five years in the Department of 3 Corrections, and a minimum, probation. No 4 mandatory minimums, correct? 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 MS. BELOHLAVEK: Correct. THE COURT: The defendant has no prior criminal record? MS. BELOHLAVEK: Correct. MR. GOLDBERGER: Yes, Your Honor. THE COURT: You checked the NCIC as well as State records? MS. BELOHLAVEK: Yes. THE COURT: And the guideline score sheet I have before me shows 21.5 months in the Department of Corrections as the lowest permissible prison sentence in months. Both sides agree to the preparation of the guideline score sheet? MR. GOLDBERGER: We II agree, Your 20 Honor. 21 MS. BELOHLAVEK: Yes. 22 THE COURT: What is proposed -- it 23 goes on for pages. 24 MR. GOLDBERGER: Your Honor, much of 25 the documentation is acknowledgement by my PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231221
4 5 1 client to community control, sex offender 2 status. 3 THE COURT: I understand. 4 Okay. What is proposed -- those • 5 are the maximums and minimums, Mr. Epstein. 6 What is proposed is that you will be 7 pleading guilty to felony solicitation to 8 prostitution and procuring a person under 9 18 for prosecution. A PSI would be waived, 10 you would be adjudicated guilty of both 11 felonies, is that correct? 12 MS. BELOHLAVEK: Correct. 13 THE COURT: And on 06 9454, the 14 defendant to be sentenced to 12-months in 15 the Palm Beach County -- detention 16 facility? He's going to do time in the 17 jail? 18 MS. BELOHLAVEK: Yes. 19 THE COURT: With credit for one day 20 served. And on 08 9381, he is to be 21 sentenced to six months in the Palm Beach 22 County jail detention facility, with credit 23 for one day served. And the six month 24 sentence is to be served consecutive to the 25 12 month sentence? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231222
4 6 1 MS. BELOHLAVEK: Correct.. 2 THE COURT: falowng tie six months 3 sentence, the defendant will be placed on 4 12-months of community control one. The 5 6 7 8 conditions of the community control are attached hereto and incorporated herein. As a special condition of community control, he's to have no 9 unsupervised contact with minors and the 10 supervising adult must be approved -- and I 13. 12 13 14 15 16 would say, pre-approved, approved ahead of time, not after the fact by the Department of Corrections. And you would mean by that his community control officer? MS. BELOHLAVEK: Correct. THE COURT: The defendant is 17 designated as a sexual offender pursuant to 18 Florida Statute 943.0435. and must abide by 19 all the corresponding requirements of the 20 statute, a copy of which in attached hereto 21 and incorporated herein. The defendant 22 must provide a DNA sample in court at the 23 time of this plea. Is this the -- and the 24 attachments are the terms and conditions of 25 community control. There are some PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231223
7 1 squiggles on the bottom of the page, what 3 4 5 6 7 would those squiggles be? MR. GOLDBERGER: Thank you, Your Honor, those are my client's signature acknowledging that we have gone over all the conditions. THE COURT: One page after the plea 8 sheet that really spells out the terms and 9 conditions of community control, Florida 10 Statute 948.101, Mr. Epstein, is that 11 squiggle at the bottom your squiggle? 12 THE DEFENDANT: Yes, ma'am. 13 THE. COURT: Would those be your 14 initials? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: Did you read all of that 17 page? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: Can you read? 20 THE DEFENDANT: Yes, ma'am. 21 THE COURT: How far did you go in 22 school? 23 THE DEFENDANT: High school. 24 THE COURT: That's your highest 25 degree? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231224
8 1 THE DEFENDANT: Yes. 2 THE COURT: And is this your 3 signature on the plea sheet that recites 4 the terms of the plea I just read? THE DEFENDANT: Yes, ma'am. 6 THE COURT: Did you read that 7 document as well? 8 THE DEFENDANT: Yes, ma'am. 9 THE COURT: You understand once you 10 do your 12 months followed by your six 11 months all in the Palm Beach County jail 12 you will then be put on community control 13 which involves having an electronic monitor 14 attached to you and -- 15 MR. GOLDBERGER: Actually Your Honor, 16 the agreement of the parties is to, it!s 17 community control one which is not monitor. 18 THE COURT: Oh, community control 19 one, is that spelled out in here? 20 MS. BELOHLAVEK: Yes. 21 MR. GOLDBERGER: Yes, it is, Your 22 Honor. 23 MS. BELOHLAVEK: He does not fall 24 under the Jessica Lunsford Act which 25 requires the bracelet. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231225
9 1 THE COURT: Community control two. / ) 2 MS. BELOHLAVEK: Correct. 3 THE COURT: Community control one -- 4 that would be no electronic monitor? 5 6 7 8 9 10 11 12 13 14 15 16 MR. GOLDBERGER: That is correct. THE COURT: Now which of the terms and conditions of community control one are you incorporating? MR. GOLDBERGER: I can go through them with Your Honor. THE COURT: None of the them appear to be articulated in the plea sheet which is why I'm asking. MR. GOLDBERGER: These are the standard conditions of community control by statute would apply to anyone that goes on 17 community control and out of an abundance 18 of caution, we simply memorialized those 19 standard conditions in the plea sheet 20 agreement. 21 THE COURT: The Court shall require 22 intensive supervision and surveillance for 23 an offender placed on community control 24 which may include but is not limited to 25 specified contact with the parole and PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231226
10 1 probation officer, specified by who? 2 P-R-agicTIUN— OFF=EIC -SI:WcifiCd—by you, 3 4 5 Your Honor. THE COURT: I don't see that in the plea sheet. That's why I'm asking the 6 questions. No one has specified how often, 7 8 9 how frequently he is to have contact with his parole and probation officer. Confinement to an agreed upon residence 10 during the hours away from employment and 11 12 13 14 15 16 17 18 . 19 public service activity, has that been articulated? MS. BELOHLAVEK: I believe Judge McSorley has a standard order somewhere on the bench up there regarding this, I'm told by the prosecutor. MS. LENHARDT: Judge, usually this is the probation sheet she hands out to folks. THE COURT: I have seen those 20 sheets -- I have seen them incorporated in 21 plea agreements which is why I'm asking. 22 MR. GOLDBERGER: I see. 23 THE COURT: Is there some reason you 24 didn't use this particular document in this 25 case? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231227
11 1 MS. BELOHLAVEK: I didn't realize 2 3 4 5 until Ms. Lenhardt just told me that Judge McSorley has that. MR. GOLDBERGER: We'd be happy to execute that document, Your Honor. We were 6 -- we overreacted by just having him sign 7 off on all conditions of community control. 8 THE COURT: Well, this is -- 9 MR.. GOLDBERGER: Perhaps the better 10 practice would be -- 11 THE COURT: This is, the reason Judge McSorley does this which makes ultimate sense is we're going to be here half the morning if we're going to decide among ourselves now what the -- MR. GOLDBERGER: That makes sense. 17 THE COURT: I'm not going to leave 18 this just unspecified. 19 MS. BELOHLAVEK: We can take care of 20 that right now if you could give us a few 12 13 14 15 16 21 minutes. 22 THE COURT: All right. 23 These are the standard conditions 24 that Judge McSorley normally uses. If you 25 like them, you need to circle the ones that PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231228
12 1 apply and everyone must initial them. We 2 will go over it. If you wish to change 3 you understand there is quite a bit of 4 latitude given the court in putting 5 somebody on community control. If you 6 agree to some change, let me know, but 7 understand at the outset that I'm a big fan 8 of specificity. I want to know what he 9 will be doing for employment. I want to 10 know exactly where he is going to be living 11 and I want it on the record now. It can 12 change but it can only change with 13 preapproval by DOC. I want it crystal 14 clear. I don't want the community control 15 officer who gets this case the day he walks 16 out the Palm Beach County to have any doubt 17 or confusion as to exactly what this 18 defendant is supposed to do, where he is 19 supposed to be when, exactly what I am 20 requesting that officer to supervise. 21 MS. BELOHLAVEK: Absolutely. 22 THE COURT: Okay. 23 MR. GOLDBERGER: We will work on it. 24 Thank you, Your Honor. 25 THE COURT: We will recall that case. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231229
13 1 (Brief recess.) 2 MR. GOLDBERGER: Your Honor, we are 3 4 5 6 7 8 9 10 11 12 13 back on Jeffrey Epstein, actually it worked, we had an opportunity to go through Judge McSorley's conditions of community control and we asked the Department of Corrections representative to assist us to make sure we did everything properly. They were very helpful and we executed the document. MS. BELOHLAVEK: Yes, and Your Honor, this defendant doesn't fall under the sex offender probation but we have included 14 special sex offender conditions as part of 15 the community control and they are all 16 circled there. 17 . THE COURT: The plea agreement stated 18 the defendant is designated as a sexual 19 offender pursuant to Florida Statute 20 942.035. 21 MS. BELOHLAVEK: Correct. But the 22 sex offender probation, the statute is . 23 different and only applies to certain 24 offenses and this one was not enumerated. 25 THE COURT: Okay. I want to make PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231230
14 1 sure both I and the defendant are clear. 2 3 4 5 6 7 The sexual offender statute you are referring to in the plea sheet is the one that requires registration? MS. BELOHLAVEK: Correct. MR. GOLDBERGER: Correct. THE COURT: And we will talk about 8 that. 9 MR. GOLDBERGER: Okay. 10 THE COURT: But it is not the one 11 that requires the special conditions of sex 12 offender probation? 13 MS. BELOHLAVEK: Correct'. 14 THE COURT: Now, rather than 948, do 15 you want me to disregard 948? He's read 16 it? 17 MS. BELOHLAVEK: He's read it. 18 THE COURT: We will leave it in 19 there. But these conditions we are going 20 to go over right now are going to be viewed 21 in my mind, yes, and they have been signed 22 by the defendant and we will go over that 23 in a second as a part of the whole plea. 24 MS. BELOHLAVEK: Correct. 25 THE COURT: II circled are PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231231
15 1 conditions, A, you will remain confined to 2 your residence except one half hour before 3 and after your approved employment, 0 4 5 6 community service work or any other activity approved by your probation officer. 7 B, you will maintain an hourly 8 accounting of all your activities on a 9 10 . 11 12 13 daily log which you will submit to your supervising officer upon request. My understanding about the daily log, maybe I'm just confused from other cases I've heard, is the daily log is a 14 weekly log, I guess it is submitted ahead 15 of time, is that correct? 16 PROBATION, OFFICER: That is correct, 17 Your Honor. 18 THE COURT: part A, where he has 19 to stay in his residence except for one 20 hour before and after the approved 21 employment, community service work and 22 other activity. All that's information 23 that will be recorded in wil-ang and-the 24 defendant will have a copy and he will know 25 exactly where he is supposed to be when. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231232
16 PROBATION OFFICER: That is correct, 2 Your Honor. 3 THE COURT: As will his supervising 4 probation officer. And.then to document that he's supposedly done all that he 6 himself will be keeping a daily log? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: And the log form will be 10 provided by the department and he will be 11 turning that in every time he meets with 12 the probation officer? 13 PROBATION OFFICER: That is correct, 14 Your Honor. 15 THE COURT: Okay. Illthat applies 16 and F applies. Does E apply? No. 17 MS. BELOHLAVEK: Did I circle ET 18 THE COURT: No. F -- made one up, 19 the defendant will be residing at 358 El 20 Brillo Way, Palm Beach, Florida, 33480. He 21 knows now that that's where he will be 22 living when he is released after his 12 23 months and six months. 24 MR. GOLDBERGER: That is correct, 25 Your Honor. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231233
17 1 THE COURT: That's a private 2 3 4 5 6 residence? MR. GOLDBERGER: That is his home. THE COURT: Does he own the residence? MR. GOLDBERGER: He does, Your Honor. 7 THE COURT: Is there any possibility 8 that he no longer owns the residence? 9 10 11 MR. GOLDBERGER: Not anticipated, Your Honor. THE COURT: Okay. Should he not be 12 for whatever reason -- 18-months is a long 13 time, should he not be owning that 14 residence or able to reside there, he will 15 have the obligation of notifying his 16 probation officer prior, and I emphasize 17 • this, prior to his release from custody. I 18 assume that the department will be notified 19 prior to, to his release? 20 PROBATION OFFICER: That is correct, 21 Your Honor. 22 THE COURT: And then you would need 23 to send someone to meet with him before he 24 walks out of the Palm Beach County jail and 25 verify his address and employment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231234
18 1 information? 2 PROBATION OFFICER: That is correct. 3 THE COURT: All address -- I assume 4 all of this, to and from work and any other 5 approved activities restricts him to Palm 6 Beach County, is that correct? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: II let's be clear, 10 everything, from the day he walks out 11 occurs in Palm Beach County, is that clear? 12 MR. GOLDBERGER: We understand, Your 13 Honor. That's correct. 14 THE COURT: Then the additional 15 condition of his probation, they are not 16 sex offender standard conditions, they are 17 just conditions that are being imposed 18 especially in this case? 19 MS. BELOHLAVEK: Correct. 20 THE COURT: They are as follows, you 21 shall submit to a mandatory curfew from 10 22 p.m. to 6:00 a.m. regardless of any other 23 restrictions regarding work or approved 24 activity, there will be no exceptions to 25 being at home in house from 10 p.m. to 6 1 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231235
19 1 2 a.m., is that correct? MS. BELOHLAVEK: Yes. 7-7,1 3 THE COURT: If the victim was under 4 age of 18 years which I gather is the case because it's circled, you shall not live 6 within 1000 feet of a school, day care 7 center, park, playground or other place 8 where children regularly congregate. 9 Hai someone verified that 358 El 10 Brillo is such a place? 11 MS. BELOHLAVEK: No, but that will be 12 done prior to his release. 13 THE COURT: II 358 El Brillo will not 14 be approved if it should happen to be one 15 thousand feet from a school, day care 16 center, park, playground or other place 17 this is rather open. 18 MR. GOLDBERGER: Where children 19 gather. 20 THE COURT: Where children regularly 21 congregate. 22 MS. BELOHLAVEK: Right. 23 --TEE COURT: The Court knows 358 El 24 Brillo Way is a residential neighborhood, 25 are there areas there where children PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231236
4 1 regularly congregate? 20 2 MS. BELOHLAVEK: I personally do not 3 know. 4 THE COURT: Neither do I, which is 5 why I'm asking. Has that been 6 investigated? 7 MR. GOLDBERGER: We have done our due 8 diligence, for what it's worth, there is a 9 residential street. There are not children 10 congregating on that street. We think the 11 address applies, if it doesn't, we fully 12 recognize that he can't live there. 13 THE COURT: Okay. D is, you shall 14 not have any contact with the victim, are 15 there more than one victim? 16 MS. BELOHLAVEK: There's several. 17 THE COURT: Several, all of the 18 victims. II this should be plural. I'm 19 making that plural. You are not to have 20 any contact direct or indirect, and in this 21 day and age I find it necessary to go over 22 exactly what we mean by indirect. By 23 indirect, we mean no text messages, no 24 e-mail, no Face Book, no My Space, no 25 telephone calls, no voice mails, no PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231237
21 1 2 3 4 messages through carrier pigeon, no mews yetl through—third partl-e's7—no hey would you tell and for me, no having a friend, acquaintance or stranger approach 5 any of these victims with a message of any 6 sort from you, is that clear? 7 THE DEFENDANT: Yes, ma'am 8 9 10 11 12 THE COURT: And then it states, unless approved by the victim, the therapist and the sentencing court. Okay. THE DEFENDANT: I understand. THE COURT: And the sentencing court. 13 II, if there is a desire which, I would 14 think would be a bit strange. to have 15 contact with any of the victims the court 16 must approve it. 17 MS. BELOHLAVEK: Correct. 18 THE COURT: If the victim was under 19 the age of 18, which was the case, you 20 shall not until you have successfully 21 attended and completed the sex offender 22 program. II, is this sex offender program 23 becoming a condition of probation? 24 MS. BELOHLAVEK: That is not. I 25 don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231238
22 1 THE COURT: You did. 2 MR7—BULDBERGERT--Thrs a mi-Srt-ZOnr-Orl 3 our part. Actually the statute that he is 4 pleading guilty to does not require the 5 THE COURT: I understand that, but 6 you circled it. 7 MS. BELOHLAVEK: I apologize, that 8 one is not. He has already been in 9 treatment with a private psychiatrist. 10 THE COURT: Which you find to be an 11 adequate substitute for sex offender 12 program? 13 MS. BELOHLAVEK: I -- it is not 14 required and based upon the evaluation and 15 my contact with that doctor, I don't 16 believe it's necessary at this point. 17 THE COURT: Has that been -- I assume 18 .you have a law degree and do not have a 19 Ph.D in a psychology or II in psychiatry? 20 MS. BELOHLAVEK: That is correct, I 21 don't. 22 THE COURT: ■ it is just your 23 judgement -- 24 MS. BELOHLAVEK: Correct. 25 THE COURT: -- that his treatment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231239
23 1 with some fancy private psychiatrist or 2- psychologist—in his—case—rs—ckey9 3 MS. BELOHLAVEK: That is correct. 4 THE COURT: II you are not imposing 5 E? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: F, if the victim was 8 under the age of 18, you shall not work or 9 play or as a volunteer in any school, day 10 care center, park, play ground or other 11 12 place where children regularly congregate, is that understood? 13 THE DEFENDANT: Yes, ma'am. 14 THE COURT: Children will be defined 15 as anyone under the age of 18. There are a 16 lot of places where children regularly 17 congregate. What kind of.work do you do? 18 THE DEFENDANT: Banking. 19 THE COURT: Here in Palm Beach 20 County? 21 THE DEFENDANT: Virgin Islands, 22 ma'am. 23 THE COURT: You understand you will 24 not travel from Palm Beach County for the 25 duration of this? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231240
24 1 THE DEFENDANT: Yes, ma'am. 2 MR. uritDahNvERT--Tiout—Hunur7—T- m 3 sorry to interrupt, we do cover the 4 employment later in the agreement as to 5 what he is going to be doing during the one 6 year that he is on community control. 7 THE COURT: Okay. And let me -- 8 condition G, which is circled, unless 9 otherwise indicated in the treatment plan 10 provided by sexual offender treatment 11 program. 12 MR. GOLDBERGER: That's not in there. 13 THE COURT: Is that what you want? 14 MS. BELOHLAVEK: No. 15 THE COURT: But you do want the, you 16 will not view, own or possess any obscene 17 pornographic -- 18 MS. BELOHLAVEK: Correct. 19 THE COURT: Okay. But are you saying 20 that this therapist can okay him to own 21 certain pornographic material? 22 MS. BELOHLAVEK: No, not at all. 23 MR. GOLDBERGER: No, Your Honor. 24 THE COURT: Would be really helpful 25 if people read these things before they PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231241
25 1 signed them thoroughly. 3 UffretW—D-Cherwise indicated in treatment plan. I'm just going to strike 4 out, provided by the sexual offender 5 treatment program. Is that what you 6 intend, that his therapist can 7 MS. BELOHLAVEK: No. 8 THE COURT: No? 9 MS. BELOHLAVEK: No. 10 THE COURT: Unless otherwise 11 indicated. 12 MR. GOLDBERGER: The parties have 13 agreed that during the period that he is -- c"--) 14 cannot be -- 15 THE COURT: Condition G will now 16 read, you shall not view, own, possess any 17 obscene, pornographic or sexually 18 stimulating visual or auditory material 19 including telephonic, electronic media, 20 computer program or computer services that 21 are relevant to your deviant behavior 22 pattern. And who is going to enforce that? 23 MS. BELOHLAVEK: The community 24 control officer. 25 THE COURT: How? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231242
26 1 MS. BELOHLAVEK: They have the :1) 2 oBaliTion and ardarided-177fbere tor 3 warrantless search to check at any time his 4 home, his computer, anything he has contact 5 with. 6 THE COURT: And do they regularly do 7 that?. 8 9 10 11 12 PROBATION OFFICER: Yes, ma'am. THE COURT: Since we have the pleasure of having someone from the Department of Corrections here. Okay. H, you shall submit two 13 specimens of blood to the Florida 14 Department of Law Enforcement to be 15 registered in the DNA data bank. 16 J, you shall submit to a 17 warrantless search by your probation 18 officer or community control officer of 19 your person, residence or vehicle. 20 G -- where is the G? 21 MS. BELOHLAVEK: That was under the 22 original part, not under the sex offender 23 one. 24 THE COURT: Okay. Defendant to have 25 contact with the community control officer PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231243
27 1 at a minimum one time a week. 2 DeZendant-to.,...mozk-at_Eloxida 3 Science Foundation, 250 Australian Avenue, 4 5 6 West Palm Beach, Florida. Is that volunteer work or work for pay? MR. GOLDBERGER: It is a 501C 7 corporation that he has formed, Your Honor, 8 10 11 12 13 14 15 16 17 18 19 20 21 22 that will be doing charitable work. THE COURT: That he has formed? MR. GOLDBERGER: Yes. THE COURT: What exactly is Florida Science Foundation? MR. GOLDBERGER: Do you want to explain? THE DEFENDANT: It funds science programs around the state and the country. THE COURT: How long has it been in existence? THE DEFENDANT: Fifteen years. THE COURT: How many programs has it funded? THE DEFENDANT: Numerous, more than 23 50. 24 THE COURT: What is your position 25 with the organization? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231244
28 1 THE DEFENDANT: President. THS--e6URIL-. Is—there—a board o-f-- 3 directors? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: Who's on the board of 6 directors? 7 THE DEFENDANT: Two attorneys. 8 THE COURT: What exactly do you do? 9 THE DEFENDANT: I'm an investment 10 banker but my -- 11 THE COURT: No, no, I mean with the 12 science foundation. 13 THE DEFENDANT: We fund 14 science programs -- 15 THE COURT: I don't want to know what 16 we do, I want to know what you do. How 17 often are you there? 18 THE DEFENDANT: I'm there every day, 19 I research, I take in people who want to 20 make presentations about why they need 21 money for funding medical research, 22 advanced science research. My background 23 is in physics. I go through all the 24 programs in detail, review the science work 25 potentials, I follow through on a daily PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231245
• 29 1 basis with what they have been given money 2 Lo—d-u 3 THE COURT: Who are some recent 4 grantees? 5 THE DEFENDANT: Harvard University. 6 There is a full program of Evolutionary 7 Dynamics, Neuro Science Institute of 8 California, the Physics Institute, MIT. 9 THE COURT: Do you ever have occasion 10 to deal with anyone under the age of 11 eighteen? 12 THE DEFENDANT: Not very often. It 13 is, if someone is in college -- sorry. 14 THE COURT: Right, that's why I'm 15 asking the question. 16 THE DEFENDANT: Most of the people I 17 fund are all usually professors. 18 THE COURT: Thank you. You 19 understand that you can't have contact with 20 anyone if --.this organization, do they 21 ever have any involvement with high 22 schools? 23 THE DEFENDANT: No, ma'am. 24 THE COURT: Students or teachers? 25 THE DEFENDANT: No, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231246
30 1 THE COURT: Okay. 2 MS. BELOHLAVEK: Those are 3 duplicates, you will see those are the same 4 5 6 as the ones on the previous page, however, it was reproduced. THE COURT: The next condition, you 7 shall maintain a driving log. You shall 8 not drive a motor vehicle while alone without prior approval of your supervising 10 officer. 11 If there was sexual contact, you 12 shall submit to at probationer's or 13 community controllee's expense an HIV test 14 with results to be released to the victims, 15 victim's parent or guardian -- will be 16 victims, plural. Has that been done? 17 MR. GOLDBERGER: Not yet. 18 THE COURT: Do we have a time frame 19 on that? I would think ASAP might be good 20 on something like that. 21 MS. BELOHLAVEK: I believe they can 22 actually do that at the jail. 23 THE COURT; At his expense? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: I would request that that PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231247
31 1 be done within 48 hours? You shall not obtain or use a post 3 4 5 6 7 8 9 10 11 12 13 14 15 office box without prior approval of the supervising officer. Okay. Are all those conditions you two have agreed to? MS. BELOHLAVEK: Yes, Your Honor. MR. GOLDBERGER: With the court's amendments, yes. THE COURT: Mr. Epstein, do you understand? THE DEFENDANT: Yes, ma'am. THE COURT: I need the defendant to sign number D where I had an s added to victim, and G, we struck out the otherwise 16 indicated language. Otherwise, it is as 17 you agreed. 18 Mr. Epstein, do you understand 19 this is a somewhat complicated terms of the 20 plea that you've agreed to? 21 THE DEFENDANT: Yes, ma'am 22 THE COURT: Do you have any questions 23 about the terms of the plea? 24 THE DEFENDANT: No. 25 THE COURT; Can I ask the State why PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231248
32 1 you choose -- or defense and the State 2 to her, wfly—TiThave monChrin CNT—Paam 3 Beach County jail followed by six months? 4 Why not just send him to DOC? 5 MR. GOLDBERGER: It was the agreement 6 of the parties, Your Honor. We just 7 decided that was the best way to accomplish 8 what needed to be done here and the parties 9 agreed that that sentence satisfied 10 everyone's requirements. 11 THE COURT: The taxpayers of Palm 12 Beach County is going to pay 18 months to 13 house this guy instead of DOC? 14 MS. BELOHLAVEK: Right. 15 THE COURT: You understand we're 16 losing positions left and right in county 17 government because we haven't got enough 18 money but you want -- okay. 19 His requirement to register there 20 is many, many -- there is nine pages 21 outlining the sexual offender's reauirement 22 to register with the department and 23 penalty, have you read all those, 24 Mr. Epstein? 25 THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231249
33 1 THE COURT: Do you understand you 2 will be required to register and this will 3 4 S 6 7 9 be an ongoing life long obligation? THE DEFENDANT: Yes, ma'am. THE COURT: And this registration occurs when? MS. BELOHLAVEK: Within 48-hours of release. THE COURT: ■ when he gets out of 10 the Palm Beach County jail, he needs to 11 register? Okay. And the department -- who 12 is going to provide him with the form? 13 MR. GOLDBERGER: He actually \_) 14 registers out at the Sheriff's Office, Your 15 Honor, we can do it out there. 16 THE COURT: Okay. It has been 17 brought to my attention that FDLE is the 18 one who is statutorily required to handle. 19 these registrations but some of our 20 municipal jurisdictions have taken it upon 21 themselves to impose additional 22 requirements, y'all understand that? 23 24 25 MS. BELOHLAVEK: Correct. MR. GOLDBERGER: Right. THE COURT: What you are telling him PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231250
34 1 he has to do is the official State of 2 Florida reg stYrtir 3 MS. BELOHLAVEK: Correct. 4 THE COURT: Mr. Epstein, I need to 5 make sure you understand that that's what's 6 required by this plea. Anyone on 7 probation, community control is required to 8 live and abide by the laws. if a 9 jurisdiction you choose to reside in should' 10 have some additional municipal requirements 11 you will be required in order to comply 12 with the law of living there, just like you 13 can't get a parking ticket or speeding 14 ticket, to comply with those regulations 15 but I want to make sure you understand 16 because I have seen some defendants who 17 have been confused about this. If. you 18 don't, for example, if the Town of Palm 19 Beach has you register that does not take 20 care of your requirement. Your requirement 21 to register with FDLE through the Sheriff's 22 office is separate, distinct and must be 23 done on their form according to their 24 schedule. 25 THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231251
35 1 THE COURT: And if my experience the 2 ITNE—tew months 3.75—al any value, they are 3 very serious about enforcing this. They 4 will be tracking you for the rest of your 5 life. Do not move. Do not go -- I don't 6 care when you are done with community 7 control, they need to know exactly where 8 you are and if you go anywhere without 9 10 11 registering, they will find and you will be locked up. THE DEFENDANT: Yes, ma'am. 12 THE COURT: Okay. Any questions 13 about that? 14 THE DEFENDANT: No, ma'am. 15 THE COURT: Did you read the plea in 16 the circuit court form that describes all 17 the rights you are giving up by entering 18 this plea? 19 THE DEFENDANT: Yes, ma'am. 20 THE COURT: I'think I asked you 21 before, can you read? 22 THE DEFENDANT: Yes. 23 THE COURT: Are you under the 24 influence of alcohol, drugs or medication 25 today? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231252
36 1 THE DEFENDANT: No, ma'am. 2 THE —CDURT7--NUMMIly -TWKing any 3 4 5 6 7 prescribed medication? THE DEFENDANT: Only for cholesterol. THE COURT: Does that interfere with your mental ability? THE DEFENDANT: No. 8 THE COURT: Do you understand you 9 have an attorney, you have a right to trial 10 by jury, there is not going to be a jury 11 trial. There won't be witnesses called. 12 That your attorney and you would have a 13 right to confront and cross examine, do you 14 understand you have a right to call 15 witnesses of your own and the court would 16 issue subpoenas to compel their attendance 17 just like any other witness called by the 18 State, that you have the right. -- absolute 19 right to remain silent and that you would 20 not have to say or do anything at the trial 21 if there were a trial, do you understand 22 those rights? 23 THE DEFENDANT: Yes, ma'am. 24 THE COURT: Do you understand if you 25 are not a United States citizen your plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231253
37 1 could subject you to deportation pursuant flaws and regu aeions governing CUSS` 3 4 Naturalization Service and this court has 5 no jurisdiction or authority in such 6 matters, do you understand that? 7 THE DEFENDANT: Yes. 8 THE COURT: Has anybody threatened 9 you, coerced you or promised you anything 10 other than the terms of this plea to get 11 you to enter this plea? 12 THE DEFENDANT: No. 13 THE COURT: Do you understand this is 14 a plea in criminal court? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: This has -- in criminal 17 court in Palm Beach County, State of 18 Florida. I have absolutely nothing to do 19 with any civil matters or matters in any 20 other jurisdiction, do you understand that? 21 THE DEFENDANT: Yes, ma'am. 22 THE COURT: Is this plea in any way United States Immigration and 23 tied to any promises or representations by 24 any civil attorneys or other jurisdictions? 25 MR. GOLDBERGER: May we come sidebar PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231254
38 1 on that, Your Honor? 3 THE COURT: IL i's--gokng—ta—b recorded. 4 MR. GOLDBERGER: That's fine. 5 THE COURT: Defendant needs to 6 approach as well. 7 (Whereupon, there was a conference at 8 the bench.) 9 MR. GOLDBERGER: The reason why I 10 asked to come sidebar, there is a 11 nonprosecution agreement with the United 12 States Attorney's office that triggers as a 13 result of this plea agreement. In other AY-N1 14 words, they have signed off and said they 15 will not prosecute Mr. Epstein in the 16 Southern District of Florida for any 17 offense upon his successful taking of this 18 plea today. That is a confidential 19 document that the parties have agreed to. 20 Just in an abundance of caution, / wanted 21 to tell the court. 22 THE COURT: I understand, that would 23 also be invalidated should he violate his 24 community control? 25 MR. GOLDBERGER: Absolutely. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231255
39 1 nonprosecution agreement -- ) firszronnvErr.---Th—erareann that 3 out. 4 THE COURT: Mr. Epstein needs to come 5 closer. 6 7 8 yr. Epstein, your attorney has told me that in addition to everything, we talked about another Inducement, shall we 9 say, to your taking this plea is that the 10 U.S. Attorney for the Southern District of 11 the State of Florida, federal prosecutor, 12 has agreed to a nonprosecution agreement 13 with you, meaning that if you successfully 14 complete probation and do everything you're 15 supposed to, they have, have agreed not to 16 prosecute you federally, did you understand 17 that? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: And I would view that as 20 a significant inducement in accepting this 21 plea. 22 MS. BELOHLAVEK: They are actually in 23 court here today, also. 24 THE COURT: Okay. 25 MR. GOLDBERGER: And the plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231256
40 1 agreement very carefully spelled out if 2 there- was-a breach- thwt- won₹d viplatt 3 agreement, II we are well aware of it. 4 THE COURT: Okay. I would request 5 that a sealed copy of that Mr. Epstein 6 has signed that document? 7 MR. GOLDBERGER: Yes, I would.like to 8 seal the copy. 9 THE COURT: I want a sealed copy of 10 that filed in this case. That is the only 11 other condition of the agreement that is 12 influencing this defendant to make this 13 decision? 14 MR. GOLDBERGER: Absolutely. I think 15 that's the right idea. 16 (Return to open court.) 17 THE COURT: Mr. Epstein, is there 18 anything else? 19 THE DEFENDANT: No, ma'am. 20 THE COURT: Because I don't take 21 these pleas unless they are freely and 22 voluntarily made. 23 THE DEFENDANT: I understand that. 24 THE COURT: I also don't want 25 somebody or anybody coming back a year, PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231257
41 1 2 3 two years from now saying, oh no, no; they beat me over rers—Azat or if there is anything else that is influencing you to 4 make this decision, then I need to know 5 about it. 6 THE DEFENDANT: I understand that. 7 MR. GOLDBERGER: Thank you. 8 THE DEFENDANT: Thank you very much, 9 Your Honor. 10 (Return to open court.) 11 THE COURT: All right, Mr. Epstein, 12 any questions about the rights you are 13 giving up by entering this plea? 14 THE DEFENDANT: No ma'am. 15 THE COURT: State, please give me a 16 factual basis. 17 MS. BELOHLAVEK: In 069454 CF AMB, 18 between August 1, 2004 and October 31, 19 2005, the defendant in Palm Beach County 20 did solicit or procure someone to commit 21 prosecution on three or more occasions. 22 And in 08 CF 9381 CF AMB between 23 August 1, 2004 and October 9, 2005, the 24 defendant did procure a minor under the age 25 of 18 to commit prostitution in Palm Beach PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231258
42 1 County also. 2 THE—tUURTT--I —Tind a sufficient 3 factual basis to support the pleas. 4 Are all of the victims in both of 5 these cases in agreement with the terms of 6 this plea? 7 MS. BELOHLAVEK: I have spoken to 8 several myself and I have spoken to 9 10 13. counsel, through counsel as to the other victim, and I believe, yes. THE COURT: And with regard to the 12 victims under age eighteen, is that 13 • victim's parents or guardian in agreement 14 with the plea? 15 MS. BELOHLAVEK: That victim is not 16 under age 18 any more and that's why we 17 spoke with her counsel. 18 THE COURT: And she is in agreement 19 with the plea? 20 MS. BELOHLAVEK: Yes. 21 THE COURT: And community control 22 will be given information concerning how to 23 contact these victims? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: Confidentially. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231259
43 1 2 3 4 6 7 8 information will not be related to the crefendanC—MC —WlETrUZ€ZI excrff-gr761-7 —fdY purposes of verifying compliance with this agreement? MS. BELOHLAVEK: Yes. THE COURT: Is there anything else from anybody else before I accept this plea? 9 MR. GOLDBERGER: No, Your Honor. 10 THE COURT: Mr. Goldberger, if it is 11 your desire, you may enter your client's 12 plea. 13 MR. GOLDBERGER: Thank you, Your 14 Honor, at this time we would withdraw our 15 previously entered pleas of not guilty, 16 enter pleas of guilty pursuant to 17 negotiations with the State. 18 THE COURT: Mr. Epstein, I am going 19 to accept those pleas on your behalf. I 20 find you are intelligent, alert, you 21 understand what is going on here and the 22 consequence of entering this plea, you are 23 doing it freely and voluntarily. 24 Pursuant to the plea, I am waiving 25 a PSI, I will sentence you at this time PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231260
44 1 pursuant to it. I will adjudicate you 12— gufrE7- 51— feliniy sorfol-t—ation of 3 prostitution, a third degree felony, case 4 number 06 CF 00945A -- 454 AMB, and 5 procuring a person under 18 for 6 prostitution, a second degree felony 08 CF 7 009381AMB. 8 With respect to the solicitation 9 of prosecution, I will sentence you to 10 twelve months in the Palm Beach County 11 detention facility with credit for the one 12 day served. 13 With respect to 08 CF 009381, 14 will sentence you to six months in the Palm 15 Beach County detention facility, with 16 credit for the one day served. That six 17 month sentence is to be served consecutive 18 to the twelve month sentence. 19 Following the six month sentence 20 you will be placed on 12 months of 21 community control. That will be on both 22 cases, I assume, to run concurrently, 23 correct? 24 MS. BELOHLAVEK: Only on the 08 case. 25 THE COURT: Only on the second degree PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231261
45 1 felony? 2 ----MS. ffELUHLAVEK: Correct, the one 3 that designates him a sexual offender. 4 THE COURT: Okay. II only on case 5 number 08 CF 009381AMB will you be on one 6 year community control which would then 7 invoke a potential penalty of fifteen years 8 were you to violate. 9 The special conditions are that 10 you are to have no unsupervised contact 11 with minors and the supervising adult must 12 be approved by the Department of 13 Corrections. You are to be designated a 14 sexual offender pursuant to Florida Statute 15 943.0435 and you must abide by all 16 requirements of that statute which I have 17 read and we have discussed. 18 You will remain confined to your 19 residence except one half hour before and 20 after your approved employment, community 21 service work or other activities approved 22 by your probation officer. You will 23 maintain an hourly accounting of all your 24 activity on a daily log which you submit to 25 the supervising officer upon request. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231262
46 4. 1 1) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 You will be residing at 358 El Weach, Ftarkda-11480. Should you desire to move or go to a different location upon release from custody, you will get preapproval of that location from the Department of Corrections. You will have to contact your community control officer a minimum of once a week, it can be more often at their discretion and you are to work at the Florida Science Foundation at 250 Australian Avenue in West Palm Beach, Florida. You will submit to a mandatory curfew of 10 p.m. to 6 a.m. You shall not live within a thousand feet of a school, day care center, park, playground or other place where 18 children congregate. You shall not have 19 any contact with the victims, directly or 20 indirectly including through a third person 21 unless approved by victim's therapist and 22 the sentencing court. 23 You shall not work for pay or as a 24 volunteer at any school, day care center 25 park, play ground, other place where PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231263
47 1 children may congregate. You shall not 2 v±ewTawn—ar possess—a-ny—obmteare 3 pornographic or sexually stimulating or 4 visual, auditory material including 5 telephone, electronic media, computer 6 programs, computer services that are 7 relevant to deviant behavior. 8 You shall submit two specimens of 9 blood to Florida Department of Law 10 11 12 Enforcement to be registered with the DNA data bank. You shall submit to a warrantless search by the probation officer 13 or community control officer of your 14 person, residence or vehicle. 15 You shall maintain a driving log. 16 You shall not drive a motor vehicle while 17 alone without prior approval of the 18 supervising officer. 19 You shall submit to, at 20 probationer or community control expense a 21 HIV test, the result of which is to be 22 released to the victims or victim's parent f I 23 or guardian. That has to be done within 48 24 hours. 25 You shall not obtain or a use post PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231264
C. 5 15 1 office box without the prior approval of 2 the—sugeivd-simg—cffrcer. 48 3 MS. BELOHLAVEK: You forgot one that 4 you may not possess, own or view sexually 5 stimulating -- I don't believe you read 6 that outloud just now. 7 THE COURT: Yes, I did. 8 MS. BELOHLAVEK: I'm .sorry, I didn't 9 hear it. I just wanted to make sure. 10 THE COURT: And the warrantless 11 search by the community control officer of 12 the person, residence or vehicle -- 13 understand the person, residence or vehicle \_) 14 includes anything you might possess like 15 computer, a cell phone and whatever other 16 elaborate devices there are to communicate 17 electronically these days, okay. Good 18 luck. 19 MR. GOLDBERGER: Thank you. 20 MS. BELOHLAVEK: Thank you. 21 THE COURT: Is there a judgment? 22 MR. GOLDBERGER: Yes, there should. be 23 judgments. 24 THE COURT: Was there a condition of 25 community control that he pay or is he PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231265
49 4 1 paying it? 2 MR GOLD.BERGER• LctUally_thers 3 cash bond posted, court cost can be 4 deducted from the cash bond. 5 THE COURT: $574 is the total? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: Is that to cover both 8 cases? 9 MR. GOLDBERGER: Yes. 10 THE COURT: Thank you. 11 MR. GOLDBERGER: Thank you, Your 12 Honor. 13 (Whereupon, at 9:48 o'clock a.m. the 14 proceedings before the Court. concluded.) 15 16 17 18 19 20 21 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231266
3. CERTIFICATE 2 3 THE STATE OF FLORIDA, 4 COUNTY OF PALM BEACH. 5 I, PHYLLIS A. DAMES, Official Court 6 Reporter for the Fifteenth Judicial Circuit, 7 Criminal Division, in and for Palm Beach County, 8 Florida; do hereby certify that I was authorized 9 to and did report the foregoing proceedings before 10 the Court at the time and place aforesaid; and 11 that the preceding pages numbered from 1 through 49, 12 inclusive, represent a true and accurate 13 transcription of my stenonotes taken at said 14 proceedings. 15 'IN WITNESS WHEREOF, I have hereunto 16 affixed my official signature this 19th day of 17 July, 2008. 18 19 20 21 PHYL S A. DAMES 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00231267
LEGAL RECYCLED PAPER TO REORDER CALL 9544/69399 EFTA00231268
PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guilty X Case No. Charge Count Lesser Degree 06CF009454AMB Felony Solicitation of Prostitution 1 No 3 FEL 08CF009381AMB Procuring Person Under 18 for Prostitution 1 No 2 FEL PSI: Waived/Not Required X, Required/Requested ADJUDICATION: Adjudicate (x ) SENTENCE: On 06CF009454AMB, the Defendant is sentenced to 12 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. On 08CF009381AMB, the Defendant Is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB. The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS Court Costs: $474.00 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 As a special condition of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time of this plea. Assistant State Attorney Attorney for the_Defendant_ Date of Plea Defendant EFTA00231269
PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epsteki Pies: Guilty Cease No. Charge Count Lesnr Defile/ 06CF009454AM8 Felony Solicilataon of Prostitution 1 No 3 FEL 08CF009381AMB Procuring Person Under 18 for ProstRutIon 1 No 2 FEL PSI: VVaivecUNot Required...1 Required/Requested AD4UOCATIOlit Adjudicate N SENTENCE: On 06CF0D8454AMB, the Defendant is sentenced to 12 months In the Palm Beach t:ounty Detention Facility, with credit for 1 (one) day time served. On OBCFO)9381 AMB, the Defendant is sentenced to 6 rnonthsAri the Palm Beach County Detention Faclity, with credit for 1 (one) day lime served. This 6 month sentence is to be served conasculivelo the 12 menet sentence in 06CF009454AMB. Following this 6 month sentence, the Defendant will be placed on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein. OTHER COMIKENTS OR CONOrtIONI: As a special condition of Ms community control, the Defendant is to have no unsupervised contact with minors, and the supervising adut must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of whk:h is attached hereto and Incorporated herein. The Defendant must provide a DNA sample Si court at the time EFTA00231270
948.101 Term; and condition of community control and criminal quarantine community control.-- (1) The court shall determine the terms and conditions of community control. Conditions specified in this subsection do not require oral pronouncement at the time of sentencing and may bo considered standard conditions of community control. (a) The court shall requireintensive supervision and surveillance for an offender placed Into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Conflnemont to an agreod•upon residence during hours away from employmont and public service activities. 3. Mandatorypublic service. 4. Supervision by the Department of Corrections by means of an electronic monitoring dovico or system. 5. Tho standard conditions cf probation sat forth ins. 948.03. (b) For an offender plated on criminal quarantine community control, the court shall require: 1. elactronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated (2) The enumeration of specific kinds of terms and conditions does not prevent the court from tickling thereto any other terms or conditions that the cart considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of S. 794.0i1 s. 800.04_, s. 827.071, or s. 847.0145 to reside in another state if the order stipulates that it Is contingent upon the approved of the receiving sate interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution canter under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services. (3) The court may place a defendant who fs being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control.. The Department of Corrections shall develop and administer a criminal quarantine community control. program orneriest:kg intensive supentision with 24-hounperday electronic monitoring. Criminal 4fisrantine community control status must include surveillance and may include other measures normally associated with community control., except that specific conditions necessary to monitor this popsiatfon may be ordered. EFTA00231271
'943.0435 Sexual offenders required to register with the department; penalty.-- (1) As used in this section, the term: (a)1, -Sexual offender. means a person who moots the criteria in sub-subparagraph a., sub- subparagraph b., sub-subparagraph c., or subsubparagraph d., as follows: a. (I) Has been convicted of committing, or attempting, solidting, or conspiring to commit, any of the criminal offenses proscribed In the following statutes in this state or similar offonsos in another jurisdiction: s. 787.(11_, s. 787.02, ors. 737.025(2)(c), where the victim Is a minor and the defondant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05* s. 796.03. s. 796.035* s. 802.04* s. 825.1025; s. 827.071; s. 847.0133. s. 847.0135 excluding s. 847.0135(4); s. 847.0137. s. 847.0138. s. 847.0-145. or s. 985.701(1); or any similar offense committed in this state which has boon redesignated from a former statute number to one of those listed in this stblub-subparagraph; and (II) Has boon released on or after October 1, 1997, from the sanction imposed for any conviction of an of fans. described in sub-sdi-subparagraph (I). For purposes of sub-sub- subparagraph (I), a sanction Imposed in this state or in any other jurisdiction includes, but Is not limited to, a fine, probation, community control, parole conditional release, control reheat°, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility; b. Estabifshes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or .-rkl.'F.fica ;:; jurisdiction and was, as a result of such designation, subjected to registration or community or : • r,,,, 4 .• i . ::. : l a : . public notification, or both, or would be if the person wore a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration .. . . as a sexual offender; c. Establishes or maintains a residence in this state who is in the custody or control of, or undo( the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 717.01 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's Parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05: s. 796.03. s. 7%.035; s. s. 825.1025; s. 927.071; s. U7.0133. s. 847.0135, excluding s. 847.0135(4); s. $47.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state ...Mich has been redesignated from a former statute number to one of those listed In this sub-subrateroPil; or d. On or after July 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of ago or older at the time of the offense: (0 Section 794.011, excluding s. 794.011(10); (I0 Section 800.04 (4)(b) whore the victim is under 12 years of age or where the court finds • saluted activity by the use of force or coercion; (10) Section 800.04(5)(c)1. whore the court finds molestation involving unclothed genitals; or EFTA00231272
(IV) Section 800.04(5)(d) where the coot finds the use of force or coercion and unclothed genitals. 2. For all qualifying offenses listed in sub-subparagraph (1 )(e)t.d., the court shell make a written finding of the ago of the offender at the time of the offense. For each violation of a qualifying offense listed in this subsection, the court shall make a written finding of the ago of the victim at the time of the offense. Fora violation of s. 800.04(4), the court shall additionally make a written finding indicating that the offenso did or did hot irholve sexual activity and indicating that the offense did or did not involve force or coercion. For a violation of s. 800.04(5), the court shall additionally make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not involve the use of force or coercion. (b) -Convicted TOWS that there has been a determination of guilt as a result of a trial or the entry of a pliof guilty or nolo contendere, regardless of whether adjudication is withheld, and in adjudication of delinquency of a juvenile as specified in this section. Conviction o a similar offense includes, but IS not limited to, a oomAction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nob contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, tarboi retinae, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. (c) "Permanent residence* and 'tomporary residence have the same moaning ascribed in s. 775.21. (d) %institution of higher education' means a career center, community college, college, state university, or independent postsecondary institution. (a) 'theme in enrollment or employment status' means the commencement or termination of • erroltrnent or employment or . change in location of arrollmerrt or ornoWymont. (f) 'Electronic mall address" hos the same moaning as provided in s. 668.602. (g) instant message name moans an identifier that allows a person to communicate in real Hme with another person using the Internet. (2) A sexual offender shell: (a) Report in parson at the sheriffs office: 'I. in the county in which the offender establishes or maintains a permanent or temporary residence within MI hours after: a. Establishing permanent or temporary residence in this state; or b. Being released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. in the county where he or she was convicted within 48 hours after being convicted for • 1 . qualifying offense for registration under this section if the offender is not in tho c-ustody or EFTA00231273
control of, or under the supervision of, the Department of Corrections, or is not in the custody of a private correctional facility. Any change in the sexual offender's permanent or temporary residence, tame, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d), after the sexual offender reports In person at the sheriffs office, shall be accomplished in the manner provided in subsections (4), (7), and (8). (o) Provide his or her name, data of birth, social security number, race sox, height, weight, hair and Øcolor, tattoos or other identifying marks, occupation and place of employment, address of permanent or legal residence or address of any current temporary residence, within the state and out of state, including a rural route address and a post office box, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(4), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address. 1. if the sexual offender's place of residence h a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shalt also provide to the department through the sheriffs ogee written notice of the vehicle identification numirer; the license tag number; the registration number; and n description, including color scheme, of the motor vehicle, trailer, mobile home, or manufectured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard WOOL, or houseboat. 2. if the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department through the sheriffs office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the sheriffs office, within 48 heirs after any change In status. The sheriff shall promptly notify each institution of the sexual offender's presence and arty change in the sexual offender's enrollment or employment status. When a sexual offender reports at the sheriffs office, the sheriff shall take a photograph and a set of fingerprints of the offender and forward the photographs and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender. (3) Within 48 hours after the report required under subsoction (2), a sexual offender shall report In person at a driver's license office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that complies with the requirements of L /22OA1.(3) was previously secured or updated under s. 944.607. At the driver's license office the sexual offender shall: fa) If otherwise qualified, secure a Florida driver's license, renew a Florida driver's license, or secure an identification card. The sexual offender shall identify himself or hence as a sexual offender who is required to comply with this section and shall provide proof that the sexual offender reported as required In subsection (2). The sexual offender shall provide any of the information specified in subsection (2), if requested. The sexual offender shalt submit to the taking of a photograph for use in Issuing a driver's license, renewed license, or identification card, and for use by the department In maintaining current records of sexual offondors. EFTA00231274
(b) Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver's license or identification card as required by this section. The driver's license or identification card Issued must be In compliance with s. 322.141(3). (c) Provide, upon request, any additional information necessary to confirm the identity of the sexual offender, including a set of fingerprints. (4)(e) Each time a sexual offender's driver's license or identification card is subject to renewal, and, without regard to the status of the offender's driver's license or identification card, within 48 hours after any change in the offender's permanent or temporary residence or charge in the offender's name by reason of marriage or other legal process, the offender stall report in person to a driver's license office, and shall be subject to the requirements specified in subsection (3). Tho Departmont of Highway Safety and Motor Vehicles shall forward to the department all photographs and information provided by sexual offenders. Notwithstanding the restrictions at forth ins. 322.142, the Department of Highway Safety and Motor Vehicles is authorized to release a reproduction of a color-photograph or digital-Image license to the 0epartment of Law Enforcement for purposes of public notification of sexual offenders as provided in this section and ss. 943.043 and 944.606. (13) A sexual offender who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the sheriffs office of the county in which he or the is located. The sexual offender stall specify the date upon which he or she intends to or did vacate such residence. The sexual offender mist provide or update all of the registration information required under paragraph (2)(b). The sexual offender mug provide an address for the residence or other location that he or she is or will be occupying during the time in which ha or she fails to establish or maintain a permanent or temporary residence. (c) A sexual offender who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours after the data upon which the offender indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. When the sheriff receives the report, tte sheriff than promptly convey the information to the department. An offender who makes a report as required under paragraph (b) but fails to make a report as required under this paragraph commits a felony of the second degree, punishable as provided ins. 775.062, s. 775.063, or s. 775.064. (d) Asexual offender must register any electronic mail address or instant message name with the department prior to using such electronic mail address or instant message name on or after October 1, 2007. The department shill establish an online system through which sexual offenders may securely access and update all electronic mail address and instant message name information. (5) This section does not apply to offender who is also a sexual predator, as defined in S. 775.21. A sexual predator must register as required under s. 775.21. (0) County and local law enforcement agendas, in conjunction with the department, shall verify the addresses of sexual offenders who are not under the caro custody, control, or supervision of the Department of Corrections in a manner that is consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such voriflcartion or required to be met as a condition for the receipt of federal funds by the state. Local law enforcement agencies shall report to the department any failure by a sexual offender to comply with registration requirements. EFTA00231275
(7) Asexual offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in parson to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. Tho notification must include the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the sexual offender. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual offender's intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9). (8) Asexual offender who indicates his or her intent to reside in another state or jurisdiction other than the State of Florida and Later decides to remain in this state shall., within 46 hours after the date upon which the sexual teenier indicated he or she would leave this state, report in person to the sheriff to which the seat offender reported the Intended change of residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. A sexual offender who reports his or her intent to reside in another state or jurisdiction but who remains in this state without reporting to the sheriff in the manner required by this subsection commits a felony of the second degree, punishable as provided ins. 775.082, s. 775.083, or s. 775.084. (9)(e) Asexual offender who does not comply with the requirements of this section commits a felony of the third degree, punishable as provided ins. 775.062 s. T75.063 or s. 775.064. (b) A sexual offender who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sexual offender, or the county in which the conviction occurred•for the offense or offenses that meet the criteria for designating a person as a sexual offender. (c) arrest on charges of failure to register when the offender has been provided and advised ill of h s or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to register who asserts, or intends to inert, a Lack of notice of the duty to register as a defense to of failure to register shell Immediately register as required by this section. A sexual offender who is charged with a subsequent failure to register may not assert the defense of of notice of the duty to register. (d) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register. (10) The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, any law enforcement agency In this state, and the personnel of those departunnte an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individuel or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with tie requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile EFTA00231276
Justice, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information Is incomplete or incorrect because a sexual offender faits to report or falsely reports his or her current place of permanent or temporary residence, (11) Except as provided ins, 943.04354, M. offender must maintain registration with the department for the duration of his or her e, unless the sexual offender has received a full Pardon or has had a conviction sat aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender: (a)l. Who has boon lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 years and has not boon arrested for any felony or misdemeanor offense since release, provided that the sexual offender's requirement to register was not based upon an adult conviction: a. for a violation of s. 787.01 or s. 787.02; b. Rix a violation of s. 794.011 excluding s. 794.011(10); c. For a violation of s. 800.04(4) (b) whore the court finds the offense 'waived a victim undor 12 years of age or sexual activity by the use of force or coercion; d. Fora violation of s. 800.04(S)(b); Q. Per a violation of s. 800.04(5)c.2. whore the court finds the offense involved unclothed genitals or genital area; f. For any attempt or conspiracy to commit any such offense; or g. Per a violation of similar law of another jurisdiction, may petition the criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender. 2. The court may grant or deny relief if the offender demonstrates to the court that he or she has not been arrested for any crime since release; the requested relief complies with the provisions of the federal ActagiWelsh Child Protection and Safety Act of 2006 and any other federal standards applicable I the removal of registration requirements for a sexual offender or required to be met as a condition for the receipt of federal funds by the state; and the court is otherwise satisfied that the offender is not a current or potential threat to public safety. The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition, should be denied. If the court denies the petition, the court may set a future date at which tho sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. 3. The department shall remove an offender from classification as a sexual offender for purposes of registration if the offender provides to the departnsent a certified copy of the courts written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender. EFTA00231277
(b) As defined in sub-subparagraph (1)(a)1.b. must maintain registration with the department for the duration of his or her life until the person provides the department with an order issued by the court that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation in the state or jurisdiction in which the order was issued which states that such designation has been removed or d ates to the department that such designation, if not imposed by a court, has removed by operation of law or cowl order in the state or jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual. offender under the laws of this state. (12) The Legislature finds that sexual offenders, especially those who haw committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders haw a reduced expectation of privacy because of the public's Interest in public safety and In the effective operation of government. Releasing information concerning sexual offenders to law enforcement agencies and to persons who request such information, and the rebuts* of such information to the public by a law enforcement agency or publk agency, wet further the governmental Interests of public safety. The designation of a person as a sexual offender is not a sentence or a punishment but is simply the status of the offender which is the result of a conviction for having committed certain crimes. (13) Any person who has reason to believe that a sexual. offender is not complying, or has not complied, with the requirements of this section and who, with the intert to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section: (a) Withholds information frcm, or does not notify, the taw enforcement agency about the sexual offender's noncompliance with the requirements of this section, and, if known, the whereatxtrts of the sexual offender; (b) !tabors, or attempt to harbor, or assists another person in harboring or attempting to harbor, the sexual offender; or ' • ii•ra•:•., (c) Conceals or attempts to conceal, or assists another person In concealing or attempting to conceal, the sexual offender; or (d) Provides information to the law enforcement agency regarding the sexual offender that the person knows to be false information, commits a felony of the third degree, punishable as provided ins. 775.082, s. 775.063, of 5. 775.084. (14)(a) A sexual offender mint report in person each *sr during the month of the sexual offender's birthday and during the sixth month followIrq the suet offender's birth month te she sheriffs office in the county in width he or she resides or is otherwise located to reregister. (5) However, asexual offender who is required to register as a result of a conviction for: 1. Section 787.01 or s. 787,02 whore the victim Is a minor and the offender is not the victim's parent or guardian; EFTA00231278
2. Section 794.011 excluding s. 794.011(10); 3. Section 800.04(4)(b) where the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion; 4. Section 800.04(5)(b);. 5. Section 800.04(5)(c)1. whore the court finds molestation involving unclothed genitals or genital area; 6. Section 800.04(5)c.2. where the court finds molestation involving unclothed genitals or genital area; 7. Section 800.04(5)(d) whore the court finds the use of force or cordon and unclothed genitals or genital area; B. Any attempt or conspiracy to commit such offense; or 9. A violation of a similar law of another jurisdiction, must reregister each year during the month of the sexual offender's birthday and every third month thereafter. (c) The sheriffs office may determine the appropriate times end days for reporting by the sexual offender, which shall be consistent with the reporting requirements of this subszetion. Fteregistration shall include any charges to that following information: 1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eyo color, address of any permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; any electronic mail address and arty instant message name required to be provided pursuant to paragraph (4)(d); date and at, of any ompLoymont; tie make, model, color, and license tag number; fingerprints; and photograph. A post office box shall not be provided In lieu of a physical residential address. 2. if the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. 3. if the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the whiche identification number; the license tag number, the registration number; and a . description, Including color scheme, of the motor vehicle, trailer, mobile home, or Vs 4,••rti`•:•. manufactured home. If the sexual offender's place of residence is a vessel, live-aboard veisoll or houseboat, as defined in chapter 327, the sexual offender she also provide the hull identification number; the manufacturer's serial number; the name of the yard, live-aboard • . vessel, or houseboat; the registration number; and a 4a:caption, including color scheme, of rc the vessel, lin-aboard vessel or houseboat. 4. Any sexual offender who fails to report in person as required at the sheriffs office, or who fails to respond to any address verification correspondence from the department within 3 weeks of the data of the correspondence or who faits to report electronic mail addresses or EFTA00231279
• • I. P ' • : instant message names, commits a felony of the third degree, punishable as provided in s. 775.052 s. 775.081, ors. 775.084. (d) The sheriff's office shall, within 2 worldng days, electronically submit and update aU information provided by the sexual offender to the department in a manner proscribed by the daps rtmont. EFTA00231280
• .1105/2608 15:28 3563626 • • I I. f• o STATE OF FLORIDA Plaintiff WINUJI I UNIM.I.ML rt.= ealee IN THE FIFTEZNTE JUDICIAL . CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY CASE NUMBER 1921111MWDI REMLEaLlg, 'Spi DIVISION MCSORXXY "W" Defendant ' DC NUMBER W3515 - - - CIRCUIT NUMBER, 1543ALL SPLIT ORDER OF COMMUNITY CONTROL I This cause coming before the Court to be heard, and you, the defendant, being now pram before the *owl,' and you having 2 entered a plea of guilty to 0 been found guilty Injury verdict of K entered a pint of solo contendere to boar rola galley by ilia court trying the cue wIthouta jury of. Count I PROCURE rzRsoll non AGE OF le FOR PRO577TUTI ON SECTION 1: JUDGMENT OF GUILT O The courthereby actiudgel you to be guilty of Ac show offose(s). Vow, therefore, it is ordered and adjudged that the tows:tido of sentence U hereby withhold and that you be placed on Probation! fix a period of under the neervieloo of the Dopartzreet of C.orreedone, subloot to Merida law. SECTION 2; ORDER WITMIOLDING ADJUDICATION CI Now, therefore, it is ordered and adjudged that the adjudication of guilt is hereby witbia and that you be placed on Probation fora period of_ under the supervision of the Depareneut of Cone:dots, su*at to Moeda low. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE It la hereby ordered and aciludgad that you be K committed to the Departaroni of Conwdons or O confuted in the CountyJail !orate= of vildscredit tea jog ties. Aker you have tonne a Idle terse, you shall bcplaceel on Probation fora petted of « lodes the ruperviabo of the Dees malt of Corrections, subject to Florida law. or 2 confined in Sit Compost' for a term of @SIC CM MONTHS AS TO COUNTWILLOWED DT TWELVE a 21 NION-1331 COMMUNITY CONTROJ. I cor4srcunn TO THE (12) MONTH SENTENCE CAR" 2008CF0094SAAtil with mils for OW1110 DAY jail limo, Us special condition of wrowition. Fags 1 of TeNII4160 1.1110kilD 91/4 tinoo witid flat 'NODE li11001-iS . SS:I wd 1 Z 1n1 BOOT aril Fan Inked 01.1t.C4 EFTA00231281
11125/2008 15:28 3553626 Ulteatn. I unman. rmoc 44, Ov 3EFPREY EPSTEIN CASEN$010011CF009381aX7O4B 28 HIRT= OthitRalbstyaiaballicogdyivlb tallorlas lillignita outlined' of iptgrVIA/12a as.prOilde4 by lzlcuid lass a. . . (1) You van:core to tie. pada allot as directed, Not law than the flidt daY of Oath Snorts, asks delnwillesdkopiod, you will . meke a full and Inttlablrenrt to your oflloor on the forth provided for that purpose. . . • • - (2) You will pay the Stan otFlaliti tLc eitionni a1so.00 .37:r month, is wallas 4% stnthrge, toward tho poet of your aulleatision in - - nonordormo with sr (148.09,P.S,. union otherwise oxempeod in compliance with Florida Stevan& (3) You win remain In a specified place. YOu will rot change your residence cc employment of leave the county of your eteitionce without first procuring theooneent of yew °Moe. • (4) You rant not possess, wry or own any firearm or steepen, unless authorized by the court (5) You will live without violating the law. A convktko Ina court of law shall not be necessary for sod a violation to roonatiroto a , violation of yoarprebatiodeommunity 00rerei . (6) You WW not lanolin wtG atrY person engaged In any Clinhaliente• (7) You will not oat inexiconte to extesi or pawn any drugs or narcotics stolen proscribed by a physician. „Nor Win you visit. , places where Montan% drugs or other dangerous aubstanon are trolaWittly sold, diapeoaed or used. " (I) You will work diligently at a lawful occupation, advise you: employer of your probation stems, and support any dependents to the boss of your ability, as dinned by your officer. (9) You will promptly and ttudotilbr tan all Moil:let directed to you by the tom or the of and allow your officer to visit tit ' your boat. at your employment site or elsewhere, and you wit comply with all Indtrucrlota your offka: may give you' (10YenMil pay renrudon, cam coals, and/or no to anonmen with special tor.dltIons Imposed or In accordance with the attachod orders, • • (11)You will !submit to random testing ea directed by your officer or the Professional staff of to mot= center where he/she Is !salving treatment so determine the prase= of alcohol or illegal. drop. You will be required to pey far the tests nano exempt by the court (12)You will submit two biological specimen, as tussah by your offic*, for DNA analyda as pecocribod in it. 943.32$ and 941.014. F.S. (13)You w!ll report in pram within 72 bonze of your release from inoameration to the probation ogles In BALM BEA CI3 County, Florida, unless otherwise instructed by the court or eepartmenn (This oondition implies only 3 on the previous page is oltooked.) Otbersins, yes mon report immediserly to the probation office loaned at 04441111 CONGRE§6 MIXNULA 1.447 WORTH WI. VW, Pap 1 oft Fours Reviacd 03.IR-OX EFTA00231282
11/25/26e8 16:25 3553626 l:1MW11 iattrusiir_ rMMM w/40 1VEREY IRSTEIN CASB#502008CFD09381/OOO/43 . . CI. BrICIAL. GI 1. You must undergo a Drug end Alcohol evaluation O.K0rnOriS and, If treaters:al Is deomcd nodatu.-y, you must ancoeitiblly oomplede to treatment, and be napoalblo for the paymor3 of any coat toured while rceolving said enivatlon andtreamen; unlose• .... waived by the court'. Additional hishadosii ordered:. . - •. • • • • . . .. - ..• .' 2. iitetnea by the ablkfl. Abel the obligation is cold in 5111: : r You a ma t Make /Miele trig fo3oWing .tionm(s),Ili i Nom: • . . . . • :. .• • •• . • • • • • .'• . . 0.- - • • .. TOTAL AMOUNT; $ • . • 3.:i' • aldidocial Iratmedom ordorod, including spa° m onthly amount, beep date, due dela, orJant & several:— • NAME' TOTAL AMOUNT: $ Additional kwouettom ordered, Including ypegfic monthly amount, bogie date, due date, or Joint it mend: SPECIAL CONDITIONS — CONTINUED 0 3. You will enter the. Deportment of Cantotions Non-Secure Drug Treatment Program a other residential treatment , program/Probation tad Restitution Coates' for a period of successful completion as approved by your officer. You am to remain until you suceasfaily ocirtmlete old Program and Alisr-are. Yin are to *trimly with WI Rules and Regulations of the Program You *al be confined In the county Jail wall placement in said program, and if you are confined in the Jail, the Sheriff will tramped you to skidprogram K 4. You will abstain entirely from the use of dock! and/or Illegal thugs, and you will not am ste with anyone who is illegally lasing drugs orconsuming timbal O 3. You will submit to urinalysis testing on a molly' 3 basis to doiernbm the presence of alcohol or illegal drugs. You will bo squired to ay for the tau unless exact by the court. O 6. You will not visit soy establishment where the primary business is the sale and dispensing of alcohol', beverages. 0 7. You will suoassfully eompreee hours of community eervioc at a rate of at e work site approved by, your oftIcer. Addttlonal Imouotions ordered: K 8. You will remain w. your fakirs bears 10 pm. and 6 aaa due iota:few imposed. talesa otherwise directed by the 001121. K 9. Yon will submit m electronic monitoring, follow the rules of &carotid rnoatoring, and pay per month for the cost of the motiltoriot service, noose otherwise eithooted by the court. K 10. You will not mocha with during the period of supervlsim. K 11. You will have no contact (direct or indirect) with the victim or the vietlm•e family during the period of type-realm • t You will ao °antra (ditto; or Ittihad with during the ;Mod of supervision K 13. You will maintain fall time employment or attend school/vocational school full time or a oombisation of schooYworle during the taros of your supervision. 0 14. You will make a good felt effort toward completing bale or fisnotiona! literary skill. or a high school equivalency diploma. O 15, You will suoceedully complete the Probation de Resdrudon Program. abiding by all net and regulation. - . . . • • .• . Page 3 of I PO= Reload O1-11.08 EFTA00231283
/ 2bratrote lo: 2Id attabtet e •• • vsnwa i LACHMAINN. r meta 4rr tro JEFFREY EPSTE1N CASP.45021308CP009381A1000.113 . . . • • 1 : 3 16. You via ina AbohoBea Artonymoue orNuccdc. Anonymas, matbit:ta lagetOWEIFElegeleaffibigartgafåttged " •• by eho on" ". ' . . . • ' • . • • ID Il. You most slordettdly ooMplate Mott Mattlaelian: and be 0:176ndelo ior the P67/66/1: or 667 orm 78779d rtosivits Kid treitrynt, udas walvet. If convIcted of a Doroesdc Violetta ofrom, es defited It I. 74128, 7.1.1 • Mit sund and auccenetly oomplen i battcra's intenuration program, utless oflorwlos ddractod by te oiitt Additiona1 Immuodool 0rdar** • • . • :• •• • • • ' ••• • •• CI I Vou v.111 rand en MV/A/OB AnnansProgram contwing of a ohm of not less Mo two (2) hotas ar mosa thig kar . (4) bira In Isnot; te Mot for wtdob ISO betald by you. • . K 19, You Mall aubmIt your porton, *pmpony, placo of naidnice, vehlric or person el efter. b to a tartan:len maroh at ny dem, by my probadon or community control officer or aay lana ertforoemant off:c MC O 20, DEPENDANT mun Rims= ASA SEXUAL «TENDER IM-1M 48 HOURS OF RELEASE 21. AS A SPECIALtonal« OF HIS COMMUKITY CONTROL, THE DEFENDANT IS TO HAVE PIO. UNSUPERYISED CONTACT WITH MINORS, AND TEFE SUPERVISINOADOLT MUST BE APPR9YED BY THE DEPARTMENT OF CORRECTION8 O 22. THE DEPENDANT IS DESIGNATED ASA SEXUAL OPFINDER PURSUANT TO FLORIDA STATUTS 943.05 AND MUST ~ZU ALL THE CORRESPONDINO R£QUIREMENTS OF THE STÄTUTE, A • COPY OF WHICH IS ATTACHED aurro AND INCORPORAT£D IIEREIN O 23. DEPENDANT MUST PROVID£ A DNA SAMPLE IN COURT AT THE TIME OF TRIS PLEA. 0 24, SPECIFIED CONTACT WITH TEC PAROLE AND PROBATION OFFICER O 23. CONFINEMENT TO AN AORIXD-UPON RESIDENCt DURING ROM AWAY FROM EMPLOYYIENT AND PUBLIC SERVICE ACTIVfTI£S 0 23. MANDATORY PUBLIC SERVICE O 26. SUPERVISION, BY THE DEPARTMENT OF CORRECTIONS BY .REANS OF AN ELECTRONIC MONITORINCDTVICE OR SYSTEM 0 27, ELECTRON1C MONITORINO 24 ROURS PER DAY Ø 28. COP/710IEMEXT To A DESIONATED Rgrorricz »mun DESIGNATED HOURS AND, 17 PLACED ON DRUG DEFENDER PROBATION YOU WELL COMPLY WITH THE FOLLOWING CONDITION OF analt:sto« IN ADDITION TO TEL STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPErisf comorrioNs ORDERED BY TRE COURT: E (14) You Mil particips» in a specialml drug atatmeotprogrom, alt« as tit In-padett or out Patient ancommondad by the . trestrone revider. Toa will otteod all council ing tenios, aubnilt to =dom urtnalysis and, If an Irroatlent, you velII ooroply talek all ogagn ruka, orgulations end procedures of the teamen: fiwility. You pay for aul coda aasoclored wIrb tresemen and intog uttas otherwhe efiretted. Addition, lostruerlau ordest; (IS) You w01 remøs at your raiderro bettmen sad., am. duo to a ca-few hnposod, unloss otherwis K Unc:ad by the ooun. AND, TI: PLACED ON COMMUNITY CONTROT,,, YOU WILL COMPLY WITH THE FOLLOWING CO NDMONS. IN . • ADDITION TO IIIITSTANDAHD CONDITION0 133TED ABOVE AND ANT OTHEREIPECIALCONDITIONO • ORDERS» BY THE COURT: Pago 4 ort ?can Radad 01414 EFTA00231284
11(25/29013 15128 3663626 lataa 11 IJILPUNAL nom our oar YESPRIIY Fts7201 CASE#102008CF0119381A)703y1B • (14)You will Sepoil to you, offisef is dinged.-ahlwe sot-flan s irbek, unisnYoll have laical contented:ere/Ise (1.5) You will remain confined le your approved i nit-ince except for one half born before and after your approved employment,. .,._ • . . service work, or royalist spend activities approved by Your oiler. • : :r(16)Yon VIE Melanin on hardy account's: of all yootactivides on a dilly Log, which you will submit to.yoor office on, requ Ht. , • • . • • . . (17) Yeti will itcoessfully oomploto hours of ocuanninity service harem of_ e" I WOTic site approved by Yew officer. . Additional instructiors orate& "•• • 08) You eillrudnit to electronic monitoring, follow the rules of cleoZonk monitories, and pay $ 4" d? • fordo coat of the rnoctitodng service, Leticia otherwin directed by the court. AND, IF PLACED ON PROBATION OR COMMflTrY CONtROL FOR A Sfl onzg PROVIDED EN CHAPTER . 124. LUSK LIZ? 071 ors 047.0140, comtarrED ON OR Ann OCTOBER 1.1995 YOU WILL COMPLY WITH THE FOLLOWING rrkripARD SEX OFFENDER CONDITIONS, IN ADDITION TO THE STANDARD CONDITION? LISTED A.13OVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT: •• (14)A mandatory outline from 10 p.m. to 6 aro. The coon may dentate Another $.hour yelled If the °Mondani employment ' precludes the above specified dine, and the alternative is recommended bY the Department of Corm:Mona If the owl determine, that imposing a curfew would endanger the viotini, the cowl may consider abernative unctions. (15)If the victim was under the age of 18, a prohibition on tiring with 1,000 feet of a school, day one center, park, playground, of other place where children regularly eon: Dugan, es prescribed by the court Tbo 1,000-foot distance shell bo measured in a might Ens tom the offender's place ofresIdence to to betrat boundary WO of the school, day can crater, par); playground, or • air place ware edlthencongtegrat Tba distance may not be eon:aid by a pedestrian route or automobile route. fleAetive partnipatian in and succestfal tompledon of a act offender ueatmant prop= with qualified practitioners speolteally trained to trod an offeaere, tt the offender's own meat If s qualified practitioner is not available within a SO-mile radius of the offender's red-lenge, the °Strider dial participate In other appropriate therroy. (:7)A orchid:ion on any coat& with the victim, directly or Indirectly, including through a third perm, unto's approved by the Stint, the offends:4 thmapisr, and the tertmrag cent (18)If the drom was under the age of DI, a prohibition on contain within:tile under the age of 18 except as provided in this puegraph. The court may approve supervised Etna with a child ander dm age of 18 if the approval it based upon a recanamendation for costars inued by a qualified praotither win is basing the reconurrandaµon on a risk assessment. Further, the tor offender mutt be ourrettly caroled in or have succeed:141y compietod a sex offender therapy program. The aunt may not ' gent 'supervised comet with a ohnd tf the contact is net ncarmeoded by a qualified practitioner and may deny supervised control with a child et any ante. • (19)if the victim was under age 18, a prohibition on working for pay or as a volunteer at any place when children regularly . eensacficle, including, but net limited to any school, day oars caner, park ploground, yet sten, library, zoo, theme park, or mall, • . .(20)Uniut otherwise Indies:1A kt the treetteett plea provided by the anal ofthrrier treatment program, a prohibition on viewing, actcuitg, owning, w PeRoalleg any c6306"; Perdetriftio, cr sexually stimulating visual or auditory material, including telephone, electronic media, computer programa or computer tervieto that are relevant to the offender's deviant behavior pattern. (21)A regniremtat that the *Ikeda submit two meadow:a; of blood or odor approved biological apeolmene to the Florida Department of Law Enforcement to be nitrated with the DNA data bank. (22) A requirement that the carder make natirulon to the victim, as ordered by the court under s. 775.089 for all nocsamuy medical and related profbstonal sr, lea Sun to physical, psychiatric, and psychological aro. (13)3%16i:elation to a unruliest Search by to conuounity coaxal or probatin officer of the offendn'apetseh residence, or vehicle, Past 3 aft Forodaleed $41 ••••.txt • EFTA00231285

























