Case 9:08-cv-80736-KAM Document 28 Entered on FLSD Docket 09/25/2008 Page 7 of 8 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 I and Jane Doe 2 Case No.: 08-80736-CV-MARRA/JOHNSON United States District Court, Southern District of Florida sststant U.S. Attorney 99 N.E. 4th Street Miami, Florida 33132 Telephone: Facsimile: EFTA00232317
Case 9:08-cv-80736-KAM Document 28 Entered on FLSD Docket 09/25/2008 Page 8 of 8 AUSA United States Attorney's Office 500 South Australian Avenue Suite 400 West Palm Beach, Florida 33401 s/ Brad Edwards Brad Edwards, Esquire Attorney for Petitioner Florida Bar No. 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 Atterburty, Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 Milorida 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 Suite 400 West Palm Beac Florida 33401 s/ Brad Edwards Brad Edwards, Esquire Attorney for Petitioner Florida Bar No. 8 EFTA00232318
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-MARRA/JOHNSON 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 Jeffity 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 EFTA00232319
v I fale c.., g la a 0 g o i- 'it' g td s ) EFTA00232320
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-Marra/Johnson 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: L 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 States, either wider seal or otherwise, On August 14, 2008, this Court ?mid 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, EFTA00232321
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 v. Ochoa- Vasaue, 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 so, 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. Lit 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 EFTA00232322
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, so 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." (DE 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. ( DE 26 at 1-2, subpart (d).) All 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 EFTA00232323
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. H. THE GOVERNMENT ACCURATELY DESCRIBED THE PROVISIONS OF THE AGREEMENT, • 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 Epstein alai neys-overwhat constituted the Agreement. Government counsel advised that, in its opinion, the Agreement had three parts. The first part was 4 EFTA00232324
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 A. Villafaila, 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 meatless. (See. e.g., 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 EFTA00232325
Case 9:08-cv-80736-KAM Document 29 Entered on Fl.SD 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. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: s/ A A. Assistant U.S. Attorne Fla. Bar No 99 N.E. 4th Street Miami. Florida 33132 6 Fax: E-mail: j usdoj.gov Attorney for Respondent EFTA00232326
RECYCLED PAPER TO REORDER CALL 954-84-9399 EFTA00232327
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/JORNSON JANE DOE #1 AND JANE DOE #2, Petitioners, v. UNITED STATES OF AMERICA, Respondent. VICTIMS' REPLY TO RESPONDENT'S OPPOSITION TO VICTIMS' MOTION TO UNSEAL IWN-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 from 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 inacrurare represenrationv nhout the nature of the non-prosecution agreementirrits-notices to the victims and in its filing before the Court. To set the record straight, therefore, the victims EFTA00232328
Case 9:08-cv-80736-KAM Document 30 Entered on FLSD 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 Sestina the Aereemeet In their motion to unseal the agreement, the victims argued that there was no good reason for the protective order requiring them not to fluffier 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 so. 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 es 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. EFTA00232329
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 D. 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-Government's representation-to victims of a right 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 EFTA00232330
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 Unfairlv Burdens the Victims. In their motion, the victims also explained how the protective order burdened their efforts to confer with other victims' tights 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 ligi 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 2028 Harrison Street - Suite 202 Hollywood, Telephone: E-Mail: EFTA00232331
Case 9:08-cv-80736-KAM Document 30 Entered on FLED Docket 10/16/2008 Page 5 of 6 Paul G. Cassell Attorney for Petitioners Pro Hac Vice 332 S. 1400 E. Salt Lake City 4 Telephone: Facsimile: E-Mail: Jay C. Howell, Esquire Attorney for Petitioners Pro Hac Vice 644 Cesery Boulevard - Suite 250 Jacksonville, F Telephone: Facsimile: E-Mail: CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 16. 2008, I electronically filed the foregoing document with the Clerk of the Court using CMJECF. 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, Flori Telephone: Facsimile: AUSA United States Attorney's Office 500 South Australian Avenue Suite 400 West Palm Beach, Florida 33401 s/ Brad Edwards Brad Edwards, Esquire Attorney for Petitioner Florida Bar No. EFTA00232332
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 16. 2008, a true and correct copy of the above and foregoing document is being provided by United States mall to: Jack Alan Goldberger, Esquire Atterburty, Goldberger & Weiss, PA. 250 Australian Avenue South Suite 1400 h Florida 33401 Michael FL Tein, Esquire Lewis Tein, P.L. 3059 Grand Avenue Suite 340 nda 33133 Robert D. Critton, Jr., Esquire Michael J. Pike, Esquire Burman, Critton, Luttier & Coleman, LLP 515 North Flagler Drive Suite 400 West Pa m B a h Florida 33401 s/ Brad Edwards Brad Edwards, Esquire Attorney for Petitioner Florida Bar No. . • • . • . • . . . . ii EFTA00232333
LEGAL 2=.72."*""• @ RECYCLED PAPER i 0 REO111)1..14 ('9) 1 9g -R.16•93. EFTA00232334
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-CIV-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-cut -the Agrcc,4„gut Vectb -filed-in this case, under seal or otherwise. Petitioners also assert that the Agreement should be "unsealed" because the victims EFTA00232335
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 relovtuit 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 12* day of February, 2008. KENNETH A. MARRA UNITED STATES DISTRICT JUDGE Copies furnished to: all counsel of record 2 EFTA00232336
RECYCLED PAPER TO REORDER CALL II= EFTA00232337
1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT r -I 2 IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION 3 4 5 6• 7 8 9 STATE OF FLORIDA ) ) vs ) CASE NO. 06 CF9454AMB ) 08 9381CFAMB JEFFREY EPSTEIN . Defendant. ) ) ) ) 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 EFTA00232338
2 A BE IT REMEMBERED that the following -------- 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 EFTA00232339
3 1 affidavit in both cases, please? 2 MS. BELOHLAVEK: There are no PC 3 4 5 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 B then? 9 10 11. 12 I have one Indictment, one Information? MS. BELOHLAVEK: Correct. THE COURT: So one case is charged by 13 Indictment, one is charged by Information? 14 MS. BELOHLAVEK: Correct. 15 THE COURT: In case 2006036744 you 16 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 EFTA00232340
Y:k 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? MS. BELOHLAVEK: Correct. 6 THE COURT: The defendant has no 7 prior criminal record? 8 MS. BELOHLAVEK: Correct. 9 MR. GOLDBERGER: Yes, Your Honor. 10 THE COURT: You checked the NCIC as 11 well as State records? 12 MS. BELOHLAVEK: Yes. 13 THE COURT: And the guideline score 14 sheet I have before me shows 21.5 months in 15 the Department of Corrections as the lowest 16 permissible prison sentence in months. 17 Both sides'agree to the preparation of the 18 guideline score sheet? 19 MR. GOLDBERGER: We so agree, Your 20 Honor. 21 MS. BELOHLAVEK: Yes. 22 THE COURT: What is proposed -- it 4 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 EFTA00232341
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 EFTA00232342
6 1 MS. BELOHLAVEK: Correct.. 2 THE COURT: Following the six months 3 sentence, the defendant will be placed on 4 12-months of community control one. The 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 13. 12 supervising adult must be approved -- and I would say, pre-approved, approved ahead of time, not after the fact by the Department 13 of Corrections. And you would mean by that 14 his community control officer? 15 MS. BELOHLAVEK: Correct. 16 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 is 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 EFTA00232343
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 EFTA00232344
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, its 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 EFTA00232345
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 EFTA00232346
10 1 probation officer, specified by who? 2 FIRITSATTON-1:5FTICECS-pecifiCd—by you, 3 Your Honor. 4 THE COURT: I don't see that in the 5 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 EFTA00232347
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 EFTA00232348
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 EFTA00232349
13 1 (Brief recess.) MR. GOLDBERbER: 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 20 21 22 23 24 25 offender pursuant to Florida Statute 942.035. MS. BELOHLAVEK: Correct. But the sex offender probation, the statute is different and only applies to certain offenses and this one was not enumerated. THE COURT: Okay. I want to make PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00232350
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: So circled are PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00232351
15 1 conditions, A, you will remain confined to C..4 2 your residence exce t one half hour before 3 and after your approved employment, 4 5 6 7 community service work or any other activity approved by your probation officer. B, you will maintain an hourly 8 accounting of all your activities on a 9 10 11 daily log which you will submit to your supervising officer upon request. My understanding about the daily 12 log, maybe I'm just confused from other 13 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: So 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 writing 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 EFTA00232352
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. So that 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 EFTA00232353
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 EFTA00232354
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: So 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 EFTA00232355
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: So 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 EFTA00232356
20 1 regularly congregate? 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. So 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 EFTA00232357
21 1 2 3 4 6 7 8 9 10 11 12 messages through carrier pigeon, no messages through third—parties, no—hey would you tell so and so for me, no having a friend, acquaintance or stranger approach any of these victims with a message of any sort from you, is that clear? THE DEPENDANT: Yes, ma'am 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 So, 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. 1.8 19 20 THE COURT: If the victim was under the age of 18, which was the case, you shall not until you have successfully 21 attended and completed the sex offender 22 program. So, 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 EFTA00232358
22 1 THE COURT: You did. MR7—GOLDBERGERT--That s a mi-TCURV- 15h 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: So it is just your 23 judgement -- 24 MS. BELOHLAVEK: Correct. 25 THE COURT: -- that his treatment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00232359
23 1 with some fancy private psychiatrist or 2- psychologist—in his—case—rs—ckey9 3 MS. BELOHLAVEK: That is correct. 4 THE COURT: So 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 EFTA00232360
24 • 1 THE DEFENDANT: Yes, ma'am. 2 MR. GOIMB1 (2ER. your Honor, I'm 3 sorry to interrupt, we do cover the 4 employment later in the agreement as to 6 7 8 9 10 11 12 what he is going to be doing during the one year that he is on community control. THE COURT: Okay. And let me -- condition G, which is circled, unless otherwise indicated in the treatment plan provided by sexual offender treatment program. 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 EFTA00232361
25 1 signed them thoroughly. 2 magra-utherwIlmr-mrmarerrff-rme---------- 3 treatment plan. I'm just going to strike 4 out, provided by the sexual offender 5 treatment program. Is that what you 6 7 8 9 10 11 12 13 14 15 16 intend, that his therapist can MS. BELOHLAVEK: No. THE COURT: No? MS. BELOHLAVEK: No. THE COURT: Unless otherwise indicated. MR. GOLDBERGER: The parties have agreed that during the period that he is -- cannot be -- THE COURT: Condition G Swill now 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 EFTA00232362
26 1 MS. BELOHLAVEK: They have the 2 onliWion and—rireluded in 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 13 14 15 16 17 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 specimens of blood to the Florida Department of Law Enforcement to be registered in the DNA data bank. J, you shall submit to a 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 EFTA00232363
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 EFTA00232364
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 EFTA00232365
• 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 EFTA00232366
30 1 THE COURT: Okay. 2 MS. BELOHLAVEK: TM-de are 3 duplicates, you will see those are the same 4 as the ones on the previous page, however, 5 it was reproduced. 6 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 EFTA00232367
31 1 be done within 48 hours? 2 You shall not obtain or use a post 3 office box without prior approval of the 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 a added to victim, and G, we struck out the otherwise indicated language. Otherwise, it is as you agreed. 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 EFTA00232368
32 1 you choose -- or defense and the State c- 2 together, wffy—tWW1ve monthW—in the Palm 3 Beach County jail followed by six months? 4 Why not just send him to DOC? S 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 posit-ions 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 requirement 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 EFTA00232369
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: So 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 EFTA00232370
34 1 he has to do is the official State of 2 Florida regis ZUN? 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. So 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 EFTA00232371
35 1 THE COURT: And if my experience the 2 '— lam - fo fer-drf any va ue, they are 3 very serious about enforcing this. They 4 will be tracking you for the rest of your 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 registering; they will find and you will be 10 locked up. 11 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 EFTA00232372
36 n 1 2 3 4 THE DEFENDANT: No, ma'am. THE COURT: NDTMAlly—CWRing any prescribed medication? THE DEFENDANT: Only for cholesterol. 5 THE COURT: Does that interfere with 6 your mental ability? 7 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 14 15 16 right to confront and cross examine, do you understand you have a right to call witnesses of your own and the court would 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 EFTA00232373
37 ( 1 could subject you to deportation pursuant ) 2 to tne laws and er gulations governing the 3 United States Immigration and 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 1.0 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 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 EFTA00232374
38 1 on that, Your Honor? 2 THE—COURT7--Tt is—Tui 12- tv 3 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 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, I 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 EFTA00232375
39 1 nonprosecution agreement -- rlfgralTrAVE/Crhey sperl—all that 3 out. 4 THE COURT: Mr. Epstein needs to come closer. 6 Mr. Epstein, your attorney has 7 told me that in addition to everything, we 8 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 EFTA00232376
40 1 agreement very carefully spelled out if Chere—vrase—hieaeh that—would—vivlaLe thib 3 agreement, so 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. LJ 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 EFTA00232377
41 1 2- 3 4 5 6 two years from now saying, oh no, no; they bea rtre- laradTharren'r anything else that is influencing you to make this decision, then I need to know about it. 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 EFTA00232378
42 1 County also. 2 THE—COURT: r—fino a sufficient 3 5 factual basis to support the pleas. Are all of the victims in both of 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 counsel, through counsel as to the other 10 victim, and I believe, yes. 11 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 EFTA00232379
43 1 information will not be related to the Mem:Lane-1We wirrlYeM7TFd exclusivfly for 3 purposes of verifying compliance with this 4 agreement? 5 MS. BELOHLAVEK: Yes. 6 THE COURT: Is there anything else 7 from anybody else before I accept this 8 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 EFTA00232380
44 1 pursuant to it. I will adjudicate you 2 guilty of—felony -WEOFrEataon of Th 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, I 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 EFTA00232381
45 1 felony? 2 ----MS. ffELUHLAVEK: Correct, the one 3 that designates him a sexual offender. 4 THE COURT: Okay. So 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 EFTA00232382
46 1 You will be residing at 358 El 2 B kta—Way7—Palm Beach, PI-arida-11480. 3 Should you desire to move or go to a 4 different location upon release from 5 custody, you will get preapproval of that 6 location from the Department of 7 Corrections. You will have to contact your 8 community control officer a minimum of once 9 a week, it can be more often at their 10 discretion and you are to work at the 11 Florida Science Foundation at 250 12 Australian Avenue in West Palm Beach, 13 Florida. You will submit to a mandatory 14 curfew of 10 p.m. to 6 a.m. 15 You shall not live within a 16 thousand feet of a school, day care center, 17 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 EFTA00232383
r, CJ 1 children may congregate. You shall not 2 3 4 5 6 9 vrew7"-awn—or—gas-seu —any—cbscene 47 pornographic or sexually stimulating or visual, auditory material including telephone, electronic media, computer programs, computer services that are relevant to deviant behavior. You shall submit two specimens of blood to Florida Department of Law 10 Enforcement to be registered with the DNA .11 data bank. You shall submit to a 12 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 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 EFTA00232384
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 EFTA00232385
49 5 1 paying it? 2 3 4 MR GOLD.BERGER• Katually_there is_a_ cash bond posted, court cost can be 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 EFTA00232386
1 CERTIFICATE .50 C 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 EFTA00232387
LEGAL RECYCLED PAPER TO RWRDER CALL CO EFTA00232388
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 I 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 forrhe Defendant Date of Plea Defendant EFTA00232389
• The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by ail the comsaponceng requirements of the statute, a copy of which S attached hereto and incorporatd herein. The Defendant must provide a DNA sample in court at the time of Itits pie Sreg at DOM Dana PLEA IN THE CIRCUIT COURT THE FOLLO1MNG IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epsteki Plea: Guilty Case No. ___Qtarge Count Leer Pears 06CF009454AMB Felony Solicitation of Prostftubon 1 No 3 FEL OSCFO09361AMB Procuring Person Under 18 for Prostitubon 1 No 2 FEL PSt: Waived/Not Required _X Required/Requested ADJUO4CATipli: Adjudicate fx SENTENCE: On O6CFO09454AM8, the Defendant is sentenced to 12 months in the Palm Beach County Detention Faciky, with credk for 1 (one) day time served. ty ,Ci-cd On 08CF009381AMB, the Defendant S sentenced to 6 months4 the Palen Beach County Detention Facikty, with credit for 1 (one) day lime served. This 6 month sentence Is to be served consecutive to the 12 month sentence in 06CF009454AMB. Foloiting this 6 month sentence, the Defendant wit be placed on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein. OTHER COMERTS OR CONTIMOtie: Asa special condition of his community control, the Defendant is to have no unsupervised contact: with minors, and the supervising aduk must be approved by the Department of Corrections. IA% • ee..:y • EFTA00232390
948.101 Terms and conditions of community control and criminal quarantine community control.-- CO 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 requirsintonshe supervision and surveillance for an offender paced into community control, which may include but Is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agreeditpon residence during hours away from employment and public service activities. ' 3. Mandatory public service. 4. Supervision by the Department of Corrections by means of an electronic monitoring devico • • or system. 5. Tho standard conditions of probation sat forth ins. 948.03. (b) For an offender placed on aiming quarantine community control, the court shall require: 1. Ilibactronic monitoring 24 hours par day. 2. Confinement to a designatod residence during designated hours. (2) The enumeration of specific kinds of terms and conditions does not prevent the court from adding thereto any other farms or conditions that the court considers proper. Howover, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 719.011 s. 800.04, s. 827.571 or s. 847.0145 to reside in another state if the order stipulates that it Is contingent upon the approval of the receiving sate interstate compact authority. The court may rescind Of 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 center 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 is 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 (parenting cornmunitycontrot program emphasizing intensive supervision with 24-hour-per-day electronic monibeirig. Criminal • quarantine community control status must include surveillance and may inctudo other measures normally associated with caavnwdty control, except that specific conditions necessary to monitor this population may be ordered. 0. EFTA00232391
'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 onion who moats the criteria In sub-subparagraph a., sub• subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: a. (I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of tho criminal offenses proscribed in the following statutes hi this state or similar offenses In another jurisdiction: s. 7874)1_, s. 787.02 or s. 787.025(2)(c), whom 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. 796.035. s. 800.04. s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135. excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has boon redesignated from a former statute number to ono of those listed in this sub-sit-subparagraph; and (II) Has been released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described in sub-sub-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 release, or incarceration in o state prison, federal prison, prints correctional fealty, or local detention facility; b. Establishes or maintains a residence in this state and who has not been designated as a sexual predator by a cart 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 jurisdiction and was, as a result of such designation, subjected to registration or cormnunity or w'r••• public notification, or both, or would be If the person wore a reskiont 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 under 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. 787.01, 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 gueldien; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 7%.035; s. IDS s, 825.1025; s. 827.071. s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.01Th s. 847.0138. s. 847.O145- or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-subparagraph; or d. On or alter 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 stets or similar offenses in another jurisdiction when the juvenile was 14 years of an or older at the time of the offense: (I) Section 794.011 excluding s. 794.011(10); (II) Section 800.04(4)(b) whore the victim is under 12 years of age or where the court finds sealed, activity by the use of force or coercion; (III) Section 800..04(5)(c)1. where the court finds molestation involving unclothed genitals; or EFTA00232392
(IV) Section 803.04(5)(d) whore the court finds the use of force or coercion and unclothed genitals. 2. for all qualifying offenses listed in sub-subparagraph (1)(a)1.d., the cart shall make a written finding of the ago of the offender at the time of the offense. • For each Notation of a qualifying offense listed in this subsection, the nowt shall make a written finding of the ago of the victim at the time of the offense. For a violation of s. 800 040), the court shall additionally make a written finding indicating that the offense did or did hot involve 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. lb) "Convicted means that there has bean a determination of guilt as a recta of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, and includes an adjudication of delinquency of a juvenile as specified in this section. Corniction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martal conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contenders resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, 4 fine, probation, community control, parote, conditional release, centre( release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. (c) 'Permanent residence end *temporary residence law the same meaning ascribed in s. 775.21 (d) institution of higher education' means a career carter, community college, college, state university, or independent postsecondary institution. (0) 'Change in enrollment or employment state means the commencement or termination of errolLment or amployinns. a• a change in location of wrotlincrt or employment. (f) 'Electronic mail address has the same meaning as provided in s. 668.602. (g) `Instant message name moans an identifier that allows a person to communicate in real time with another person using the Internet. (2) A sexual offender shell: la) Report in person at the sheriffs office; In tine county in which the offender establishes or maintains: a permanent or temporary residence within 4a hours after: a. .Btabllshing permanent or temporary residence in this state; or b. Being released from the cestody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. In the county whore ho a she was convicted within 48 hours after being comdctod fora cualifying offense for registotion under this section if the offender is not in tho custody or EFTA00232393
control of, or undor the suporvislon of, tho Department of Corroctions, or is not fn tho custody of a private correctional fecility. My dunge fn the sexual offender's permanent or temporary residenta, name, arry electronic man address and any intant massage name roeuired to be provided pursuant to paratraph (4)(d), after the sexual offender roports In person at this sheriffs office, stall be acoomplishod in tho marmor provided in subsections (4), (7), and (8). (b4) Provide his or her name, data of birth, social sectrity flundror, rate, sex, haght, weight, hair and oyo tofor, tattoos or other identifying marks, occupation and place of omploymont, address of permanent or lagat residenta or odörens of any ctrrent temporary residenta, within the state and out of gata, includIng a rural route odörs and a post office box, any eloctronic mall address and any instart massage name requirod to be provided pursuant to paragraph (4)(4), dato and place of nach conviction, and a brief description of the trim* or almes committod by tie °frontier. A post office box skalt not bo providod in lira of a physital residential aktras. 1. tf the sexual offender's place of rea/donne h a motor +ischias, trallor, mobile homo, or menufacturod homo, as defined in chapter 320, tho sexual offondor stall allo provide to the departmont through the sheriffs office written notice of the ~hick idantification manbar; tho titorso tag number; the registration numbor; and a descriptlon, inciuding toror schema, of the motor whiclo, trailer, mobile homo, or manafectured home. tf the sexual offendees place of residence Is a vassa, the-aboard vana, or housaboat, as &tinad in chaptor 327, the sexual offerler skall allo provide to the department writton notico of the hull identification rumba; the inanufecturers seraf numbor; tho name of tho vassa, live-aboard vyssa, or houseboat; the registration munbor; and a description, includIng color schema?, of the mag, limeaboard anad, or houseboat 2. if the sexual offendar is aerobod, ornat:lyx!, or carrying ona vocatIon at an institution of hiber educabon in this state, the sexual offender stall allo provide to the department through tho sheriffs office the navne, addrea, and county of oach institution, infading Bach campus attenlod, and the start offondark enralmont or omploymont status. Esch charge in enrallment or omp/oyment status skall bo reported in person at the sheriffs office, within 48 boers efter any charge In getas. The sheriff stialf prompfly notify °och institution of the sexual ofrondees prosene and any change in tho sexual offender's enrollment or employment status. Whon a sonat offendor roports at the sheriffs office, the sheriff gall taka a photograph and a sot of fingerprints of the offonder and forward the photograpiz and fingerprints to the department, alung with the information provided by thai sexual offender. The sheriff stall Prompt& provide to the department the information recotved from tho sexual offender. (3) Within 48 tours ofta the roport roquirod under subsoction (2), a sexual offender stall report in person at a dritar's literko office of the Department of il(ghway Safety and Motor Vehicles, unloss a driver's licens* or iden tification card that compfies with the nequirements of s 322.141(3) was previously socured or tarantel under s. 944.607. At the drivr's titone office tho ramat offondor shagt; fe) If otherwiso qualifled, snare a Florida drivi's licens., renew a Florida drivars licens, or 'ro an identification card. The stal offender skall idantify himself or horsolf as a sexual who is roquired to comply with this ~don and skall provide varg Mat the sexual offender reported as requirod in subsection (2). The sexual offerflor slugt provide my of the information specifiod in subsoction (2), if roquestod. The sexual offender IMU stbmit to tho taklag of a photograph for une in hauing a drivors timme, renowed licens., or identification card, and for uso by the dopertmert in maintalning current ratords of matt offendors. EFTA00232394
(b) Pay the costs messed by the Department of Highway Safety and Meter Vehkles 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). (I) 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 change in the offender's name by rotten of marriage or other legal process, the offender shall report in person to a themes license office, and shall be subject to the requirements specified in subsection (3). Tho Departrnont of Highway Safety and Motor Vehicles shall forward to the department all photographs and information provided by sexual offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles Is authorized to release a reproduction of a color•photograph or digital-image license te the Department of Law Enforcement for purposes of public notification of sexual offenders as provided in this suction and ss. 9-43.043 and 944.606. (b) A sexual offender who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hears after vacating the permanent residence, report in person to the sheriffs office of the county In which he or she is located. The sexual offender shall specify the data upon which he or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required under paragraph (2)(b). The sexual offender must provide an address for the residence or other location that he or she is or Wilt S occupying during the time in which he or she fails to establish or maintain a permanent ortemporary residence. (c) A sexual offender who corsairs at a permanent residence after reporting his or her intent to vacate such residence within ea hours after the date open which the offender Indicated he or she would or did vacate such residence, report in person to the agency to which ho or she reported pursuant to paragraph (b) for the purees* of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shalt promptly coney 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. 775.052, s. 775.063, or s. 775.064. (d) A sexual 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, 2037. The department shall establish an online system thorough which sexual offenders may securely access and update all electronic mail addreie and instant message name information. (5) This section does not apply to a sexual. offender who is also a sexual predator, as defined in S. 775.21. A sexual predator must register as required under s. 775.21. (6) County and local law enforcement agencies, in conjunction with the department, shall verity the addresses of sexual offenders who are not under the care, custody, controt, or suearvigon 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 Omar* applicable to such verification 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 roquirenxints, cis EFTA00232395
(7) A sexual offender who intends to establish residence in another stale or jurisdiction other thari the State of Florida shall report in person 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. The notification must include the address, municipality, county, and state of intended residence. The sheriff shalt promptly provide to the department the Information received from the sexual offender. The department shalt notify the stabowide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual offender's intended residence. Tie failure of a sexual offender to provide his or her Intended place of residence is punishable as provided in subsection (9). (8) A sexual 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 48 hours after the date upon which the sexual offender indicated he or she would leave this state, report in person to the sheriff to which the sexual 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. 775142, s. 775.C83 or s. 775.084. )(a) A sexual 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. 775.083 or s. 775.084. (b) A Sexual offender who commits any act or omission in violation of this section may be prosecubad for the act or omission in the county in which the act or omission was committed, tbetectety of the last registored address of the sexual offender, or the county in which the •corteictIctioccurred for the offense or offenses that meet the criteria for designating -a person ae a:social offender. (c) An arrest on charges of failure to register when the offender has been provided and advised of his 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 subserµsent charge of failure to register. A sexual offender charged with the crime of failure to register who assorts, or intends to assert, a lack of notice of the duty to register as a deforms to a charge of failure to register shall 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 a lack of notice of the duty to register, (d) Registration following such arrest, seryke, or arraignment h 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 Meter Vehicles, the Department of Correction, the Department of Juvenile Justice, any law enforcement agency In this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual 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 the requirements of His section or for the release of information under this section, and shall be presumed to haw 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 Vehkles, the Department of Corrections, the Department of Juvenile EFTA00232396
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 fs incomplete or incorrect because a sexual offender falls to report or falsely reports his or her current place of permanent or temporary residers. (II) Except as provided in s. 943.04354, asexual offender must maintain registration with the department for the duration of his or her life, 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 parson as a sexual offender for purposes of registration. However, a sexual offender: (a)1. Who has bean 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. Per 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 involved a victim under 12 years of ergo or sexual activity by the use of force or coercion; d. Fora violation of s. 600.04(5)(b); a. For a violation of s. 800.64(5)c.2. where the court finds the offense involved unclothed genitals or genital area; f. For any attempt or conspiracy to commit any such offense; or g. For a violation of similar law of another jurisdiction, et n r'• may petition the criminal division of the circuit court of the circuit in which the sexual • • . ' 0 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 fodernst Adam Walsh Child Protection and Safety Act of 2006 and any other federal stancierds applicable to 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 'mist 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 futu-e date at which the sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. 3. The department :MU remove an offender from classification as a sexual offender for purposes'. of recitation if the offender provides to the department a certified copy of the coat's written findings or order that indicates that the offender is no longer required to comply with the requirements for r.nfiab etion as a sexual offender. EFTA00232397
(b) As defined in sub-subparagraph (1)(a)l.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 predator, as 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 demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court 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 interact. Sexual offenders have a reduced expectation of privacy because of the public's interest in public safety and In the effective operation of government. Releasing information =corning sexual offenders to taw enforcement agencies and to persons who request such information, and the release of such information to the public by a law enforcement agency or public agency, will 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 intent 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: fa) Withholds information from, or does not notify, the law enforcement agency about the sexual offender's noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual offender; (b) harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sexual offender; or (c) Conceals or attempts to conceal, or insists another person In concealing or attempting to conceal, the sexual offender; or (d) Provides information to the law enforce,n.aut agency regarding the sexual offender that the person knows to be false information, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.063, or s. 775.084. (14)(a) A sexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the sheriffs office fn the county in which he or sho resides or is otherwise located to reregister. (b) 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 and the offender is not the victim's parent or guardian; EFTA00232398
f 2. Section 79-4.011 excluding s. 794.011(10); 3. Section 800.04(4)(b) whs. the court finds the offense involved a victim under 12 years of ate or smell( activity by the use of force or coercion; 4. Section M:940)(bk S. Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area; 6. Sectiong00.04(5)c.2. where the court finds molestation involving unclothed genitals or genital area; 7. Section $00.04(5)(d) whore the court finds the use of force or coercion and unclothed genitals or genital area; a. Any attempt or conspiracy to commit such offense; or 9. A violation of a similar law of another jurisdiction, mat reregister each year daring the month of the sexual offender's birthday and every third month thereafter. (c) The sheriffs office may determine the appropriate times and days for reporting by the sexual offends, which shall be consistent with the reporting requirements of this subsection. Reregistration shall include any changes to the following information: 1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye 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 mall address and any instant message name required to be provided pursuant to eln1/2710 (4)(d); date and pato of any employment; vehicle 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 errolled, 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 vehicle identification number; the kers* tag number; the registration nurnber; and a 4.11,4kst... description, Including color scheme, of the motor vehicle, trailer, mobile home, or 114 . • manufacuxod home. if the sexual offender's place of residence is a vessel, live-aboard versiet; or houseboat, as defined in chapter 327, the sexual offender shall also provide the hull identification number; the manufacturer's serial number; the name of the versa, live-aboard • • vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-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 EFTA00232399
1 • p ' instant message names, commits a felony of the third degree, punishable as provided in s. 775.082 s. 775.081 ors. 775.084. (d) The sheriffs office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to tho department in a manner prescribed by the department. I 1 EFTA00232400
,I1‘25/2008 15: 2B 3553626 GiNtalt I lauteimic. rmoc VA/00 14 1. STATE OF FLORIDA Plaintiff Ns- IN THE FIFTEENTH JUDICIAL CIRCUIT COURT, IN AND pop, PALM BEACH COUNTY CABENUMBER 302083CFV2,9231AXXXINIE JEFFREY E. InT2in . DIVISION >WORLEY "w'' Defendant DC NUMBBR 2/25,4. - - . ... CIRCUIT NUIvIEER1 If-A/JAM SPLIT ORDER OP COMMUNITY CONTROL I This cause coming before the, Court to be heard, and you, the defendant, Wag now relent before the court,' and you. having 2 catereds plea guilty to K been found byJury verdict cf gutty K entered a plot °ratio outer:dare to K boon toad sultry by tho mum trying the mu without a Jug of. Count 1 PEDCURRPERSON UNDER AGE OF 18 FOR PROSTITUTION siccno 1: JVDGMZNT OF GUILT CE1 7ho court buohy adiudui you to be guilty of thaw offotte(e). Now, therakte, it Is ordered and adjudged that S hapotthion of sentence it hereby withhold and that you be placed on Probation! Poe a puled of uric the eupereleloo of the Department cecorrectiene, subject to Florida law. 3tCTION It ORDER WITHHOLDING ADJUDICATION Now, therefore, it is mimed and adjudged that the atipdtoetton of ruin is hereby withheld and that you be plated ou Ptobatlrm fora period of_ under the cmentleien of the Department of Comdata, subject to Florida low. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE It la hereby ordered Led adJudged that you be: 0 cox:flood to the Deparanaar of Collection: Ur K conSned la the Canty fail fora term of with credit for jeul tin*. Abu yvu haw senree_ of the tuna, you that! be pladed on Probation fora peeled of node- the ropervistor: of the Department of Corrottioni, subject it Florida law. or ccaSned In the County Jail fora tern of 8tX/61 MO! COMMUNITY CONTRQL I CONSECUTIVE TO THE flEt MONTE SENTENCE rat, CASES 2008C10094SAAMB with credit torPTE OD Wet Jail time, as a special comelltion of tuperehlon. 11/041110 /11101113 -13 Wino tiTI3E114.74 Ionia 51308 /108e . SS II lid I Z 1Fir 8001 VE Page 1 oft Form blind 03.114 EFTA00232401
11/25/2088 15:28 355362o t.;11tU: t t.M.1141f1P1- rfwmc 04140 lfialtgY EPSTEN CASESI5020013CF035381A)CDNB ' • 17 18 FURTH.MI ORDERED that you abellOocepiy With the Mounts lieredard 000d' limy of eotervildnnas.pf004 ty Spats... ' taw . • (I) Yoo will report to the probstioil oleo as deemed. Not liter lbw the filth deY of moil mooth, loam 0fited9desdkolleds nava • . mkt i fun aid truthfulreportJo Your Moir Os the fottif ptovichd for thr PuT179e- . . (2) Yon will lag the Site ofl7oilde iiiiitioneltf350,90,Por oddla ite *On 93 4% ehrtherte, toward the pod °frit ourabicelit : ' mordant* wdth a. 448.09, Kt, haten &nein exempted hi oar:chance wit Florida Statutes • . . (3) You Will remain Ina specified place. You will not change your residence; or employment or leave the county of your mildest without fret procuring theconsent of Axle officer. • • (4) You will cot ponesa, envy or moony fiztann or weapon, =len authorized by the 'mum (5) You will live without violatum the law. A conviction le e court of law shall not be necessary for toot a violation to constitute a violation of your probettiateommunity control. (6) You Will not en00/1te writ ny person engaged hi say criminal acclivity. (7) You will not nice irked:rote to- exesen or posseas any limp or narcotics clan prescribed by a phystolari. 14or will you visit, , plops where intoxicants, drop or other dangerous substances aro uniaveAdly told, diapenfed or used. • ' (8) You will work diligently at a lawfid oommnion, Idyllic your employer of your pa-bailor. stalls, and support any dependent' to the Bert of your ability, is dinetteby your officer. (9) You will promptly end tuthfulho rawer all lnqufrles directed to you by the Donn or the effioer, end allow your officer to visit in, your holt:Ally= employment site or elsewhere, and you will comply within hoructions your officer may lave you; (1 0) You will pay readmtlo0, mun eau, and'or fees in accordance with ;punt/ conditions impanel or ill aectudarco with the attached • (11)You will submit to random testing es direoted by your officio' or the lorofeeetooll stiff of the reahlteha Goner whore he/she le nook/Sag reter,ent to detennOu tbe prose= of alcohol or illept.drup. You will be required to pay for the tests unless exempt by the court. (12)You will submit two bHogical specimens, as direged by your ofIlork, for DNA analysla as proscribed In at. 943,325 and 948.014. F.S. (13)You will report In prix. within 72 hours of you: rola.. from Monoenstlon In the probation office In raelardcu County, fetid*, unless otbatwio karoted by the newt or deportment lTba condition nigin only tree:clop 3 on *A previous page is checked) Otherwise, you must report icanediatoly to the probation office mead at *444 Sorrow JAKE WORTH. P1,23451, Page 2 of 8 Fonn Rewind 03-IR-D8 EFTA00232402
11/25/2808 15:28 3553625 UthLvlI LiCINIIII4L emu. ...1/41t CIO . , • . ,ISEPPII . Y SPSIPIN CA513#502008CF0093SIA3OO043 . . . SPECIAL cci.rugnorls . .. . • . .... . . .. 0 1, You must undergo a Aug and Alcohol evaluation and, iftreatMent is deemed zutaury, you melt sucoessfbily complete dm trsumett, and be msponilblo for the ;amour of any oats bond Voile moolving said evaluation ancitivatcatu. union -1 v% waived by the comb - • . . • • Additional histroododoideterk • • - .: : I. ... • • p . . . . . .. • O 2. You with 0mke teititatori to the following ViCtilltb. fa "direiiid iii,the obit, toll the obliptibn Ss Paid bi full: : - • - • • 0.- - • • - • NAME: • . . . . TOTAL AMOUNT; 6___. , • , . • Additional instradoes ordered, hiatudIng voila° monthly amount, begin date, due data, oejoIrst & Sant . • : . . ••• . NAME: TOTAL AMOUNT: $ Addidonal iimputtiom ordered, including verde monthlyernowit, begin date, due due, 'Dilator & severe:: SPECIAL CONDITIONS — CONTINUED C S. You will *rater the Departmord of Calraititollti Non•Socuro Aug Treatment Program or otter residential treatmeta progiva/Probation sad RestlIntlan Center tit a period of sucusful completion a approved by your offioa You are to remain until you worMaldly omegleto said boom and Abornire. You em to comply with all Rules and Regulations of du Program You dull be acting In the county Jail until placement in said prostate, and if you art confaud in the jolt, the Sheriff will transport you to said ingrain K 4. You will await entirely from the use of alcohol andior flogs) drugs, and you will net osacciste with anyone wbo Is ilegally wing drugs re consuming alcohol, K 5. You vAtisubcolt to irinalysia mating a a imathl.y basis to determine the prase:Ice of alcohol or Illegal drupe. You will In required to pay ibt the lute tbdC43 ( Pr.. by S court 0 6. You will not vbitirry otzblisturient where the primary business is Ise sib ad &missals ofeloohollo beveragoa, O 1. You will oueopuMly oompke Pours of community service at a rota of at a work silo approved by your oft cer. Addnlono) larootiont. ordered: K S. You will made at your maidens between 10 p.m. and 6 a.m. due to a uric* haPetrdtalsa otherwise directed by the coon K 9. You will submit m electronic rtioniunitg, follow thc rules of eleotronio :npohoring, and pay per moth for the cost of the moo:it:4ft twice, :m1taa :Atomise directed by the court 10. You will at amulets with cturi»g do petted of eupordslort 11, Yon will have no contact (direct or indirect) with the victim or the vietha's family during the period of supervieloo. 12. You wilt have Ito control (direct or indirte0 with during die Period uralcievision It. Yea will malnial foil time omploymont or attend achoolicoestbnal school fo11 time or a combination of school/work during the term of )car supervision. K 14. You will make t good folth OffOr towed comparing bald or fu.notionallkraoy skill, er a high FL-hoe oquiyalcnoy dlplont. El IS, Yoe will suoteuhally complete the ProMdem PesdutIon Promo, abiding by all ruler lad rogulatfocu K Page 3 of Pont Sahel 01-16.0t . . . • EFTA00232403
It/ 2b/Alldb ib: 21:: Slababra t,1RVAr11 Cnenereee. MCC. fJ•4 40 • JEFFREY FIPSTELY CASE#50200$0'009.381A)=MB . . . • 0 16. You will Oa AlookoSes Amoy:nous otbIarcollea Anatymont meetings et limit moatbly,USI01141;betiilltlei ;' by Mu °cult t • "- " • K 11 You mil MEHIlsussotand be reepOnsith by the payment of say core 1soFtosS Ape ' receiving mid treatment. Seas waived. If cousicted nit of a Dove& Violence offense, defined In a. 74121, Fi t you must attend end succittifully oompkto bottom.' iMervendoo PTV's; unless Mewls* directed by the ' ' " ' , • n Addition) ketruocioelothemi5: • You will clod HIV/AIDS Awareneas Pmgremauetsdos of a class oluot Imo than two (Xi bean a storee11,0 IOW — - • (4) bowl in Intl\ the Grist for *blob will *mid bY Yn C) 19. You shall taloa your person:mom% place of raid:nee., velohle cc Noon al atria to owuresilon nachat my dna, by Bay probation or ernareunity cannel officer or any taw enftecuroont °Meer. • O 20, DEFENDANT MUST REGISTER AS A SEXUAL OFFENDER WITHIN 48 HOURS OF RELEASE • • O 21. AB A SPECIAL CONDITION OF HIS COMMUNITY CONTROL, THEDEFENDANT IS TO HAVE NO. UNSUPERVISED CONTACT WITH MINORS, AND TEE SUPERY/SING ADULT MUST BE Anton]) BY . THE DEPARTMENT OF CORRECTIONS • • • . . . . .• • O 22. THE DEPENDANT IS DESIGNATED AS A SEXUAL OFFENDER PURSUANT TO FLORIDA STATUTE 944.05 AND MUST ABIDE EY ALL THE CORRESPONDING REQUIREMENTS OF THE STATUTE, A " " COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN IZ 23. DEFENDANT MUST PROVIDE A DNA SAMPLE IN COURT. THE TIME or THIS PLEA. OK a SPECIFIED CONTACT WITH in PAROLE AND PROBATION Omen O 25. CONFINEMENT TO AN AGREED-UPON RESIDENCE DURING HOURS AWAY FROM EMPLOYMENT AND PUBLIC SERVICE Aouvrrus PSI 23, MANDATORY PUBLIC SERVICE 2d. SUPERVISION, BY THE DEPARTMENT OE CORRECTIONS BY .MEANS OF AN Burr -Rolm MONITORING DEVICE OR SYSTEM 0 27, ELECTRONIC MONITORING 24 HOURS PER DAY 12 23 CONTR.:Emma TO A DESIGNATED RESIDENCE DURING DESIGNATED HOURS AND, IF PLACED oNHEISIDEDIUDICHATION, YOU WILL COMPLY WITH THE FOLLOWING CONDITION OF SUPERVISION IN ADDITION TO THE STANDARD COSIDTTIONS LISTED ABOVE AND ANY onsra snout CONDITIONS ORDERED WY THE COURT: • (14)You will partkipsta Fa a syedslized thus recto:al pronto. either es tr. In-patlent or out U•Vdnerilooddoll by the • Footmen' provider. Yon attend all coneeling acssiom, ruicialtto random urboalyais and, Han losedem, you will comply with all operating tats, repletion, and prooedurei of the inatnr-nt facility. You wilt pay for all out& noticed with treatment aced tendon totem °Omelet directed. Additioul iturroblonn ordered: (IS) Yoe wiE r=Mil at your raidsmo between • p.m aid am duo to a cu-kw imposed, mien otiumiso O &mood by dee oourt AND, IF PLACED ON a mmvxrry comm. YOU WILL COMPLY WITH THE FOLLOWING CONDITIONS. ADDITION TO THISTANDARD CONDITIONS LISTED ABOVE AND ANY OTHER MGM. CONDITIONS ORDERED BY THE COURTt Pogo 4 oft Pam Revisad 034E-0g EFTA00232404
11/25/2006 16:28 3553626 a ' JEFFREY EPSTEIN CASEIS02008CF009381A502:0413 DiNUUll UNIMIINAL rm.= gutoo • ' (I4)You will report to yob(' offitet its directed, it•leart'intetiatta a Ws*, unlearnt have written consentotherwise. 0.5) You will moth confined to Yaw approved residence except for oils habeas before and after your approved employment, ' . public service work, or any other 9,0514 activities approved by yam' officer. ' . . : .416)Yoo will nwhioinan haply accounting of all your activities ono daily jot. which You wit remit torous °Eno* nib ilettnert • • • (17) You will success thEY complete hours of community servirs mane of at I work site approved by you officer. Addinantl inetructiohe ordered( • (II) You will submit to electrode monitoring, follow tie mica of oleotronlc monitoring, and pay 6 pa °n th . for the coat of the manorfng tondos, valets otherwin directed by the mot AND, ri PLACED ON PROBATION OR COAfMtrwrrrY CONTROL FOR A SF,X OFFFNOE PROVIDED IN CHAPTER . • 121, 800,04, #27.071, or 047,014 6, atrine ON OR ATECERSCTIBER I,1595 YOU WILL COMPLY WITH THE FOLLOWING STANDARD SEX OFFENDER CONDMONS, EV ADDITION TO THE STANDARD CONDEMNS LISTED ABOVE AND ANY OTHER smolt]; CONDITIONS ORDERED BY TUB COURT: a 04)A monitory meow from 10 p.m to 6 eat The court may eilsaaie. godly Fhour period if the offender's oroloymtth preoludoa the above speoffed time, and tho alternative is recommended bYthe Noncom:it of Corrections. lithe owl dthermices that Imposing a ccatew would endanger the V.ot121, the court may moist& alternative motions. (16)11 the victim was under the age of 18, a prohibition on living within 1,000 bet ore solsool, day an center, park, playground. of other piece whore children Mel* congregate, es prescribed by the court. The 1,000-foot distance shall be matured. in a IOWA fine from the candies place ofrosidenoo to gm nearest books, line of the school, day can canter, park, playground, or other place when children orgregate. '.he dlowint may act be rolsond by a pedestrian routs or mute mobilo route. (16) Aotht pargoipation in end suecessful completion of a sex effcnder trammed prove= with qualified practitioners specifically MOO to oat sex offender; at the offendm's own myna& Ifs qualified practitioner is not available ulthlo a 50-mile :Ohm of the offender's roldonce, the offender shall participate In cam appropriate therapy. (17)A prohibition on any contact with the sienna, dbtelly or indiredy, boluding through a third person, unless approved by vim vlodm, the offeretre Useen; end the sentencing alum (i8)1( the Viotm was odor the en of 18, a prohibition oo roman with a oMid under the age of 18 except as provided in this paregraph. The cowl may approve supervised contaM with• a ohild under the ago of 18 if the approval is based upon a moommonittlon for contra iesned by a qualified proddeor who is basing the roommodatIon on a risk Assessment. Pother, the alm offecder roust be correctly carolled in m have succentifily completed a oat offender therapy program. The court may tot pant superviond covet with a ohild if the contact is not recemomoded by ■ qualified notional' and may deny supervised contact with a ;bad at any One, • (19)1f the victim was under ate 18, a prohibition an workini fbr pay or as a volunteer at any place whim' children regularly oongtagste, including, but riot limited to any oboe!, day ova onto, Pak PlaYVaand, pet One, library, 200. theme park, or man .(10)Unlass otherwise indicated is the treantent plan provided by the anal offbeat tratroon program, a prohibidon on slowing, accessing, ocraIng, or poisoning any -obscene, pornographic), vr mushy tabulating vlsual or eadbory materiel, Windbag telephone, electronic media, eocarlter Programa, or computer S0nStif that ere relevant to the offender's &Anent behavior pattern. (21)A nthniretneml that the offender submit two specimens of blood or other approved biologioel specimen/ to the Florida Department • of law Enforcement to be registered with the DNA data bank. (12) A mainland that the offinder make eastimilon to the gob; es ordered by the owl under s. 275.089, lbr all nooemary medical and rotated protean:col mica relating to physical, payahlauto, and psychological ono. (13)Subrainier. to a warrontles: stench by the commurdac centre! 01 probilloa officer of the oftendar'epena rteidezhe, or vehicle. Pages of 8 Pena Reviled 03.1141 EFTA00232405
All 40/ LOW lot 415 AitOLe . 4 I . ; • pu.swwe I VI to111.1•••• I nw ,m ••••1 *OW. JEFFREY EPSTEIN CAS138502008C2009381A=MEI EFFECTIVE FOR PROSATIPNER•ORCOMMIMITY cobrreoun WHOSE CRIME WAS CONENTITED ON .. .:•••• TOR A VIOLATION OF. CRAITER221, s. EQ11, t. [ 417,071, era )µ7A146 nx ADDITION TO ANY. OTHER.PROYISIOS s . OF THIS SECTION, YOU MUST COMPLY WITH THE FOLLOWING CONDITIONS OF sup.tRyisioNt7, • .. , . . . • • • . • (24)M part of Imams PrcHgem, protialpilion liked enntelly in polygraph traniutions to Sala kiforomtke georoanry tot*, .• msmgemeot and aostmeot end to tedueothe see: offondoet denial mecheroura. A polygraph cxemblation'aroal hi conducted Flys— : pclygrapher trained imecilkany in the use of tht polygraph far the roonitcring of tea offenders, ten *Callable, end shell Iroptdil . , 1 . by the sex offender. (25)24eintorrenes of e Wog kg end a proldbIllon spine delving a motor Nohi:le alone without the prior approval of the ropervising offi=. (26)A proklbroon outlast obtaining or talrg a pon offNo box without :he prior approval of the roperwhing officer. (27)If that was Witte ititittic a atatlittill ro, it fire offirodere expense, en HIV Wit with themsults to be lamed to the vktim and/or Om Addis pandit gannyeas . • • • . . (28)Eleehonie monficffog erbeineemsd 'nem eery by rho probation officer and ouperolior, and iodated by the court at the recommits:dation of the Dtputment of Cperocdong • • • (29) Effective for an offender whose crime war committed once after July 1,2005, and who are placed CC riPervillon for Notation at chapter 794, $.890.04, s. 82/.071, ore. 847.0145,e prohibItkit on accessing the 'Liana or othar computer services mitil the offender's sex °tithe vestment property otter a risk suessmont is completed, rpprovet and implanters? a *stay plan for the offeoderi moronity cr using ths Intenset or other oorapitior sarvioa. . . • . (30)EffectIve for offenders wbote crime was oammlnel on or after September 1,2005, iron Is hefty Imposed, In ;Mem to any other provision in this motion, mandatory olcotronio monitoring a s oondltIon of supervision for those who: .c Axe placed on nmentelon for a violedon of *brow 794, a. 800.04(4), (5), or (6), a. 827.071, or t. 847.0145 end the unlawful usual activity involved a victim 15 ram of age or younger and the offerrom le II you. of age or older, or • Are dosipated sr e ;expel predator pumem to g 775.21; or • Has proViougly boot. co:Meted o f a violation of chapter 794, s. 800,04(4), (5), or (6), t. 827.071, or a. 847,0145 end the imlawfirl emet trinity Involved a victim 15 yeent (lege or younpr and oho offender le 18 years of ago or aloft You Sr. hereby placed on notketbst should you violate your probation or commtroky 00ThiTOI, end Si conditlotu at forth m t 948.03(1) ur (I) are sstroffed, whether your probation or community oonool is rot or not revoked, you shall be placed on ohs:prongs monitoring la accordmoe with F.S. 948.061. • • YOU ARE HEREBY PLACID ON NOTICE that the court may at any . time maid or =WY any of the oDeditions Pot ' probation, or may extend rho paiod of probation es authorised by law, or rosy diarbarge yon from &Mx smaryklon, If yen violate any °Me milldam of you probation, you may be *nested and tie court may revoke your probation, adjudicate you pithy if adjudication of pilt we withheld, and Impose any sontence that it might bon imposed before placing you on probation or requite' you to sone the balance of the entemeo. . • • • - Pogo 6 ofT Far RrAsidi:4-3-0$ EFTA00232406
1 ltlosialitl lb: .1:2›..4b2b . , • 14.1.1~11 erururvt. rms. .101/ 40 JEFFREY EP67EITI CAS131502008Qt0093$1A7,50403 ; :.• !•• • . • ORDESUID !het white:yea We Icitiiteletruttåle u Wen Conditions of probation, you gall be released froto:••••• •: ' • ' ' ' 0000toly It you no id eagerly; ead !fie oteol•Illiefkiet teed, the surofia Ihefeø &bon stand cheek:Sod Row tablIttIt Pie • paroinspb applito only if wae! or "don 2 lo oheolce.d.) . • • ft.. • • • •0 • • .. rr 18 PORTION ORDERED that thrsolothefthle art& thlsordet In the Choke °Moe aod Feria Girded Goyim °film° Ye' • • • the oftleer IS we to cozen:cow %Ids the reeititretente °flew. Don AND °ROUEN Go • .ty NUNC PRO TUNC 115-30.2001 bite L ( *) look*, viloolso ctotipt de copy of tills order 'Ed Choy ibe oon2Iticess Myth . plainoi to roe end I aim to abide by them, . Innveted bp W37•02•01 Suporeister 0S:or Defsadon: Perm Revised OM Sol EFTA00232407
8-222 8£12.9 Lag sum:cum zu ..wranco . . . . • P WSW SPBTRIN CASHM0200n0093111.1.700048 Vaf\We• .'a• 1S • ••••••••m• Potts mei.* • •. • • COURT ORDERED PAYMENTS • .• . . .' • • • • +•1•. • . Clad( ALL !RAT AltiORDiREDi ••• " • • • • • ' • •r. . ' • 'Total of flan attuned In seldom, porous! to a. 775.083 (1)(s) throne, (g) or Owns 316, 0,S, . .• • • • • •• Stotelonly nandoled 5% surchugokor Ifluo rasseasol (on fIrs1 hno) puma* to 938.04,ES. . tatt Come Stopper:et Fund rnniOnl 03. 938.06(1), F.S. Balytoriltnuadoted If Ore is : a. • 3.• . . • . • MANDATORY ("OM TULL CAMPS Additions! cooricoN M Win hr ow n. ponant to I. 93L0 (1);a), P.S. PS. . A dtitilorul marl cart for lard IMMOOF or clams trunk °limos pursuant tot. 931.05(1)(6)eir (4, FS, Crania Carommation Trait Fund peasant to.. 91103(l), FS, • • • . ani 3 ty trims Punnet:03 Food purrant to k 775.083(2), p•5, Additional Cart Cab atmlog Trost Food ponamt to e. 938.01(1),F S. • Far month for tack month of atiscnIske fa Training Taus Fond Biadlaft% Puma 10 1.94409, r.s. • MANDATORY COSTS D1 ST.F.CIPIC TYPES OF c„ASU • Rope aids Program Thai Fold, moan to 4738.085, PS. Tor any violation, of a. 794.011, 784:024,114.03, 714244 ' . • 761.043, 714.018, 711.01, 784.01 184,081, 7144.062714.083, 784.085, et 794.011, F.S. • • •• • • . Dmontic YINinoeTrut Fund, passe* lo a. 938.03, FA far any violitions of 784.011, 784.021, 784.03, 7841081r714098. • 784,048,71401 784.04 794.081 791•082,784.0113, 714.015, 794.011, or my Minnie of Donor* Woltinar 06ealbedb I. ... ... . .. . . . Certain Cams Aping Minors, poramot to k 938.100. P.S, for my Holtdons Mk 184085, *soma 167, cbapter714.r: 796.03, a. 80084. chapter 827, a.8472145, or ossat,F.S. • • DUI Cart Oat; purmen to a. 931107,ES. foray violations offs 316.193 oe327.35, PR. • Sate Agemay Law Enforamat RadioSlum Tref Paul, puma*: to t 319,19071 PA br any niolotions otoffenses lined Ina. 318.17 baidirg a, 316.1935. 116.027, 316.0611177.111 chap*. B93! a. 316.193, 316.192, 316267, 3 16.072(3), 316.545(1), er my oilier offnam 1n {Samar 316 MAO la olsoollod a. onnenol vtolstloa. MANDATORY COURT COSTS AUTHORIZED BY LOCAL ODVERNMINTAL ENTITIES Criminal Jeatka Edamdm by Menleipalltto and COO, tits, purloin to.. 921. 13, it ' Additional cart 00fla for local requirement, Ant Ober county Snood programa puma* le 3. 939185(1M, P.S. Ten Corwin:mart to a. 93 8.1 v2). PS DOCRETICYIARY C Pfranora claim *a tern of aupervalon to No *amain& nonprofit organkallob eariblahod far the solopumas° of 49PSIstrataat ea maalliadve *Tani of du, Dayanmem of Carociarte. yavvuu in t 941.033(2), P.8.: K /40424 retain Dafander A NMI utbo En, if tor yrtniontly oaltectoi or waved, Nam* to.. 27.52 end k 93827, P.S. 0 3.. Public Dahaular Fees sod Cork Punks tot Ma is... diannined 85 Ina ?roses trtlo ofbautigalva Cora paten to I. 93t27, O Oten K Ober; • sZa K 42,2.m DisCRVIONARY COSTS FOR SPECIFIC TYPTS OP CA8ZA County Altehd and Orbs: Drug Abula Trutt Food, yonnun tot 939.21 Ind a, 938.33, F.S. far *Madam oft Si 6.193, 856.011, t. 1$1015, or cheptar$62, defter 5.57, or Meow 568, P.S. • Ops Wag Trot Food of eta FDLIS, Novara a a. 93825, RS. tbr ufaCIOMP oft 093.13 offbua • *TOTAL $ 47310 PAYMENT IS TO BE MADE THROUGH AND PAYABLE TO: E) Dapvonem of OstendMI Of O Clerk of Conn (If oolimied by da Pawning of Corrections:, a trircharge ot414 will bo added to Ali peNamis 0419,91 999r1”10/00 toe. 9453 • Eat) O Ewa Costa/Finn Waived Cowl CcatoThas lathe amount of Coup Cow/flocs In the mow of SPECIFIC INSTRUCTIONS FOR PAYMENT; —Pia 8 ots_ conveyed to evirernmity tartlet, hours roduoM to olvEyadymens Reload 034 IDS EFTA00232408
RECYCLED PAPER TO REORDER CALI. 94.846.9399 EFTA00232409
IN TI FE CIRCUIT COURT OF THE FIFTEENTH WM NIAN-D-84A-P*L-NtlitACT Y. • LORI DA STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. CASE NO: 2006CF009454AXX DIVISON: 7I AG R E Eu_ORD ER SEALING DOCUMENT IN COURT FILE THIS MATTER came before the Honorable Judge Deborah Dale Pucillo on June 30, 2008 during a plea conference in the above-referenced case n ber. The Court being fully apprised in the circumstances, it is hereby: COVaC C? ORDERED AND ADJUDGED that thndocument filed by the Defendant on July 2, 2008 be sealed by the Clerk in the court file. DONE AND ORDERED in chambers, West Palm Beach, Palm Beach County, Florida this ;1/42 day of July, 2008. t7EBORAH DALE PUCILLO Circuit Court Judge Copies fonvarded to: Jack A. Goldberger. Esq. Counsel for the Defendant 250 Australian Avenue South. Ste. (400 West Palm Beach. Florida 3340L Lanna Belohlavek. Esq. Assistant State Attorney I interoffice) EFTA00232410
' • - 2 EFTA00232411
( • STATE OF FLORIDA, Vs. JEFFREY EPS'THENT, Defendant. / NONPARTY M'S MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS M., a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(d)(5) to vacate the order sealing records and unseal two documents in these files. on the following grounds: 1. ENV is a victim of sexual abuse by defendant who was convicted of procuring a person under .18 for prostitution and felony solicitation of prostitution. See attached judgments of conviction (Exhibit "A".) M. presently has a pending civil action in this court against defendant for damages. Case number 502008CA028058)COCCM33 AB. 2. On June 30, 2008 and August 25; 2008, this Court sealed two documents, a non-prosecution agreement and an addendum to non-prosecution agreement. See attached copies of envelopes containing the sealed documents and also an Agreed Order Sealing Document In Court File entered July 2, 2008 (Exhibit "B".) 3. The sealing of these documents was done without written motion required by IN THE CIRCUIT COURT OF THE FEREENTH-JUDiektellitetill IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION Case Nos.2006-CF9454 AXX 2008-9381CF AXX — Rule 2.420(d)(1) or notice to the public, the media, the record newspaper and the victims of defendant required by Rule 2.420(d)(2). The Agreed Order does not set forth the EFTA00232412
grounds set forth in Rule 2.420(d)(3). The clerk of court did not post a copy of the notice of the order as required by Rule 2.420(d)(4). 4. The scaling of these documents was also done contrary to the Administrative Orders of this Court, AO 2.104, 2.032, 2.303 and 11.046. 5. The request to seal the first document was made orally at the plea hearing on June 30, 2008. A copy of the relevant portion of the transcript is attached (see pages 38- 40) (Exhibit "C'.) 6. It is against public policy for these documents to have been sealed and hidden from public scrutiny. As a member of the public, has a right to have these documents unsealed. Furthermore, these documents are relevant and material to M.'s civil action against defendant. As stated in the plea colloquy, they were an inducement for defendant to enter into his guilty pleas. They are proper objects of discovery. However, unless they are unsealed, M. is unable to obtain them or utilize them in her case. 7. Pursuant to Rule 2.420(d)(5), the Court must hold a hearing on this motion in open court. WHEREFORE movant requests the Court vacate the order sealing records and unseal the two documents. CERTIFICATE OF SERVICE CU. ) -11IBREBY CERTIFY that a true and correct cop.), of the foregoing has been served via S." and Facsmile this ( 92-Itay of May, 2009 to: Jack Alan Goldberger, Esq., Aiterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401. 2 EFTA00232413
ROTHSTEINSPOStotroL,u Aln-dit Attorneys for Plaintiff 401 East Las Olas Blvd., Suite 1650 Fort Lauderdale, Florida 33394 Telephone Telecopier By. Bradley I. Edwards Florida Bar Non= William UBerger Florida ar N . 3 EFTA00232414
• p ro v k i? J IN me cRIMINAI. DI% 'SION OP u I . dui r RT OF TI If! FIFTEENTH JUDICIAL OWL rr OP FLORIDA. IN AND FOR PALM REACH COUNTY 'c\SE "‘f O8TS NUMB!! J(//4)1Y STATE OP FLORIDA II I I 2.1 . OF ffaI lif/rapf(A-N9r) The above Dofendant. briny "ersondl I I RTI1 W. M RACE CONINIUNITY CONTROL IOLA ma PRORATION IOLATOR IIIIIIII111111111111111111111_ CFAI 20080267522 OR 8K 22760 PO 1061 RECORDED 07/17/ 2088 08 i 52:54 P.S. &nob County, Plar /do Shoran R. Book, CLERK B CORPTROLLE Pg 1081; 1pg GENDER SOCIAL SECt RITY NIIMBER JUDGMENT Weft th's Cntirt r c:ccnted Hm Ing been Merin:xi found guilty or the following evinces): Having cute cd a pica ur Itti lily to the ril I‘)“ ins crime(s): (allurne [ I Having entered a glen of nulo contendere to the following crime(c): Coiirrt /AWE DI' C~CL-) OFFENSE 6 /(z__)( sregije );(,\ wit ) , 1-29 DECREE 3aP- 10 )b-J-tuli and an ensue having been Onion why the Delenaant should nni be teljudicolcd guiky. rr IS ORDERED THAT the Defendant Is heron A DJUDICATED GUILTY of the ahtne admit& and hating been coin lewd nr found guilty M. or has Ing entered a plea of :yin conremlen: yr guiltyreganlleir of stkordleat ion. to anenips ar atones (dating to mute] battery ich. :04a lewd aid lasen iota eas.MI tall 3004 ur murder II '42 041. aggravated battery (s 784 04S I. klfglAl, is. 510O2i.g.atrehusg 44 312 LTA. or luene :atn runners a I35i..v ui” offn›e >panned in •eclien 943.325. the defonJant Jun iv Ny.ered ni yinnal Hon, .panten. I I and g•-• •!...r...• av..; a IT Di fIR insr.n vr Non inn ririN I a II T mum j) SEN TEN< 'E I I 'le C.tnet Lark. •Lo • and ninth...N.1 %..t.h•11».t• tg•t% .tr.d e•• 'r II:I:titian' on Sin Hi i IM•kan•1.w•.t.•rl I C raten.'• C'•• I.:4•541 I • • • f rnd n. SEN I E‘cy. DEFERRED I ; Ca•tit brrel+) &fen, unpostuon tit •enter.e . - P.:: I kt c. ie.sre • • • nr nit) da> • • ••••••i: JAI! g .••• • • :4•• .4•41...år å , . . a:. • 'era kIngrda: yrr4.1.å"'"...ts:•%riCa:•:•t!le • ; 4 id' in EXHIBIT -e '119 i A \Ire ../1. es \ .1 Oglif FED C inn In 111 I/T II Illif • (Irv.. Pr -.I lie.oay ^.r• I ' , EFTA00232415
" r',1 THE RISIINAL DIVISION Or ACCITCOCRT me FIFEF.ENTH JUDICIAL t'IRCUIT OF FLORIDA. IN AND FOR PALM BEACH COUNTY CASE NO Oars NL STMT. OF FLORIDA epSki TES DANT P /1 GENDER SOCIAL SECURITY NUMBER I I comm.:on. CONTROL VIOLATOR I I PROBATION VIOLATOR INIMAIIMEIHME1111 CFN 20080267252 OR SR 22760 PO 0565 RECORDED 07/17/2008 08 I 96s 42 Palo Beach County, Florida Sharon R. Bock. CLERK & COMPTROLLER Pg 0563; flpg/ JUDGMENT The 4hove Defendant. &Int •rsonall before this Court re •rescnted by Id I nuornc Hering been Wed and found guilty of the fallowing crime(:): Having ma:nada plea of guilty to the following edniefs): I Having entered a plea of nolo contendere o the following cri awls): 17758o-h PAL/ itkit OFFENSE STATUTE Nti.s.t9 ER(S) - 70.0 DEGREE VT- I and nit cause having been shown why the Defendant should not he adnulletned rns ORDERED THAT the Defendant Is berth • ADJUDICATED GUILTY of ow oho% c crirnefsh. I I and hating been COM Rl.Tl C found guilty of. or hat Ins entered a plea Af nolo contendere or guilly.regardlest of adjudication to attempts or nirtrbet mbar', to wtual battery ht. 794‘ laud and luso% Hutt conduct 'ch. SOOt or trturder rs 7S: 04t, aunt teed battery is 7S4 015.. burglary is ID Mt capain,u. SI2.031. Of home int aaion nate° rt I 35t. or any other offense spect0ed m Whnfl 043.325. the tlefend.ud dull he :endued to WWII Mani !Mennen, I I :d'J re'd 'blip; %NIA n IT IS rift IN:"RED MAT AIM DR '•1 rioN to- rd •Ir r oh wroursq 9 . ,i • • • . SEN I ENO? I i In: roan ncegiy., 43)...std %tit:tog. ung."Inlin of •V31,31i'v a OV.VIIV.• .r.4 0. ..".7, the LS:Sendant in STA Yri) I I PlohJIM'll DI1L'N't I roaltaINVI, colVitli Nikki ukr Arta% ormi lei in.. OEM ilti''''Pal'eviVtit . f pnr ---r - ••• II.. le in weir Aro itidet I P Tli,„ .,, ERKEI) I I Th: l'atet !wren) defers unpositien of matt :nee wad __ _ .. _____ . ._ . rite Vet:sill-to :n rv‘ or . 3 V .1•.J.%:etlei b:• f $i'.11., vcrt.li f!..ell a.: i...b:. ....i 0,.., I:: ...: -.4.,:... .;.r,,, s •...,....c ;; 4.. • I ..an %eta: try; ..to • 1.1!•im tr.; iked.III•r:o.tc r. relf•••:JOrratontAn...trikte4 pa ouri to t. ...b..b.. anon The de fe.t.lan: .41 a, al..‘ a I.:•:.I.ab.• ::ahr t.: :Ise s.A:yt.t...: .. . . -1?••••2"•-bl in i..ton: 'ad -rival .e:br vttroc .1 is surer nes eYbantj intnIiiilet ' ' ' sp. A \PI MI di :11..• I 'tett .• .): Paboalle r. CI Ira.... fc.t. d.r :!:••. _ _. .1.* .. _Etihia__....._ Il it 43 1 0 1 0 /r 1 eA, e e-t' ..ut..g. -/ . n. , : .. 1,1 • , t 1 I Ir rot writ EFTA00232416























