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EFTA00190765
U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 19, 2013 DELIVERY BY FEDERAL EXPRESS Brad Edwards, Esq., Fanner Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Ave Ste 2 Fort Lauderdale, FL 33301-3268 Re: Jane Doe #1 and Jane Doe #21. United States Dear Brad: Enclosed please find: (1) (2) (3) (4) (5) (6) (7) (8) One DVD containing documents Bates Stamped 000001 thru 000979; Documents bearing Bates Nos. P-003652 thru P-003663; Documents bearing Bates Nos. P-008300 thru P-008343; Documents bearing Bates Nos. P-008891 thru P-009103; Documents bearing Bates Nos. P-009114 that P-009115; Documents bearing Bates Nos. P-009712 thru P-009819; A copy of the Privilege Log that was filed with the Court; and A copy of the Responses to your Requests for Admissions that were filed with the Court. Please let me know if you have any difficulties with any of the copies. Sincerely, Wifredo A. Ferrer U Atto ey By: cc: Dexter Lee, Esq. A. Mane Vi Assistant United States Attorney EFTA00190766
EFTA00190767
Case No. 08-80736-CV-MARRA r• P-003652 IA *I; EFTA00190768
Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80069-CIV-MARRA/JOHNSON JANE DOE. NO. 1, by and through JANE DOB's FATHER as parent and natural guardian, and JANE DOB's FATHER, and JANE DOE's STEPMOTHER, individually, Plaintiffs, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO STAY PROCEEDINGS PENDING JANE DOE NO. 1 REACHING AGE OF MAJORITY Plaintiffs, Jane Doe No. 1, by and through Jane Doe's Father as parent and natural guardian, and Jane Doe's Father and Jane Doe's Stepmother, individually, submit this Memorandum of Law in Opposition to Motion to Stay Proceedings Pending Jane Doe No. 1 Reaching Age of Majority, as follows: I. Introduction This action alleges the sexual assault of Plaintiff Jane Doe No. 1 ("Jane Doe") by the Defendant when she was 14 years old. The Motion to Stay Proceedings filed by Jane Doe's Mother is without basis and should be stricken or denied for the following reasons: 1. It fails to include or be accompanied by a memorandum of law, in violation of S.D.Fla.L.R. 7.1(A)(1). This failure is particularly glaring here, as there is no obvious or apparent legal basis for the stay sought by Jane Doe's Mother, and in preparing this Memorandum of Law in Opposition, Plaintiff is left to guess at the authorities relied upon by Janc Doe's Mother. MERMAN S MERMELSTEIN, P. A. www.hermanlaw.com - 1 - Case No. 08-80736-CV-MARRA P-003653 EFTA00190769
Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 2 of 5 2. The Motion to Stay was not served on all parties as shown on the Motion's Certificate of Service. Only Plaintiffs counsel was served with the Motion. Asa result, notice of the relief sought by Jane Doe's Mother is fatally defective. 3. Jane Doe's Father, by Court Order, was awarded full custody of the Minor Plaintiff, and is thus her sole natural guardian. Jane Doe's Mother is not Jane Doe's natural guardian under Florida law, and thus has no standing to seek a stay of this action on behalf of Jane Doe. 4. A stay would serve no constructive purpose or function in this litigation, but would only unnecessarily delay this case. Based on any or all of the foregoing grounds, as further discussed below, the Motion to Stay should be denied. II. Arnument THE MOTION TO STAY IS PROCEDURALLY AND SUBSTANTIVELY DEFECTIVE A. The Motion to Stay Violates the Local Rules and Was Served Without Sufficient Notice Under S.D.Fla.L.R. 7.1(A)(1), "[e]very motion when filed shall include or be accompanied by a memorandum of law citing supporting authorities. . ."I No such memorandum of law was filed with the Motion to Stay. Plaintiff is prejudiced by this omission because he has had no notice of what authorities Jane Doe's Mother relies upon for the relief sought in her Motion. As a result, the Motion to Stay is defective and should be stricken. The Motion to Stay also raises due process concerns because it was not served on all parties according to the Certificate of Service accompanying the Motion. The Defendant has not yet filed an appearance in the case, and his response to the Complaint is not yet due. The Motion to Stay is ' The stated exceptions to Rule 7.1(A)(1) are inapplicable here. HERMAN & MERMELSTEIN, P. A. - 2 - www.hermanlaw.com Case No. 08-80736-CV-MARRA P-003654 EFTA00190770
Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 3 of 5 therefore premature and defective for lack of notice. B. Jane Doe's Mother is Not Jane Doe's Natural Guardian, and Therefore Has No Standing to Seek a Stay on Her Behalf The Motion to Stay and supporting Affidavit of Jane Doe's Mother contain the following false and misleading statements: a. "Jane Doe No. 1 is a minor child . . . who, is under the joint control of her parents and natural guardians, Jane Doe's Father and Jane Doe's Mother, who are divorced." (Motion to Stay Proceedings, 1 1) (emphasis supplied). b. "I am the mother and natural guardian for Jane Doe No. 1...." (Affidavit of Dawn LaVogue Sandberg, Exh. "A" to Motion to Stay, 1 1) (emphasis supplied). Jane Doe's Mother does not have "joint control" or legal custody of Jane Doe, and is not her natural guardian under Florida law. Jane Doe's Mother and Jane Doe's Father entered into a Custodial Parent Modification dated March 28, 2006. This Modification was granted by Court Order dated April 25, 2006. (A copy of the Custodial Parent Modification and the Order Granting Custodial Parent Modification are attached hereto as Composite Exhibit "A").2 The Custodial Parent Modification states as follows: "Full Parental Custody of both minor children shall be granted to former husband [Jane Does' Father]." (Custodial Parent Modification, 1 3) (emphasis supplied). Under Florida statutory law, in the case of a dissolved marriage, only the parent awarded custody can be the natural guardian of the minor child: "If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom custody of the child is awarded." §744.301(1), Fla. Stat. (emphasis supplied). It is therefore abundantly clear that Jane The names ofJane Doe and Jane Doe's Father are redacted from Exhibit "A" hereto to protect the Minor Plaintiff's anonymity. (See Complaint 1 4). HERMAN 5. MERMELSTEIN, P. A. - 3 - votAchemunlaw.com Case No. 08-80736-CV-MARRA P-003655 EFTA00190771
Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 4 of 5 Doe's Father, as the custodial parent, is the natural guardian, and the only natural guardian, of Jane Doe. As the natural guardian, Jane Doe's Father may sue on behalf of Jane Doe. See Fed.R.Civ.P. 17(b) (providing that capacity to sue or be sued shall be determined by the law of the state in which the district court is held). Because Jane Doe's Father, as her natural guardian, represents her interests in this lawsuit, there is no legal basis for Jane Doe's Mother to assert the right to represent Jane Doe. Jane Doe's Mother lacks standing to seek a stay or other relief from this Court on behalf of Jane Doe. C. There Is No Leeal Basis for a Stay A stay of proceedings may be appropriate in a situation where it will avoid piecemeal litigation, conserve judicial resources, aid in the comprehensive disposition of the litigation, or serve as a means of controlling the district court's docket. See American Manufacturers Mutual Ins. Co. I. Edward D. Stone Jr. & Assoc., 743 F.2d 1519 (1 1 th Cir. 1984). For example, a stay may be considered in a case where there is another pending lawsuit or administrative proceeding addressing the identical issues. See Ortega Trujillo'. Conver & Co. Communications, Inc., 225 F.3d 1262 (11th Cir. 2000). Even then, a case in federal court should not be stayed absent "exceptional circumstances." American Manufacturers, 743 F.2d at 1524-1525. Here, the only conceivable purpose that would be served by a stay is delay, which would be to Jane Doe's prejudice. A stay would not be in the interests of judicial economy and efficiency, and would not aid in a resolution of this litigation. Because there is no legitimate argument for a stay in this case, the Motion should be denied. HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com Case No. 08-80736-CV-MARRA P-003656 EFTA00190772
Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 5 of 5 III. Conclusion Based on the foregoing, the Motion to Stay is defective, deficient and meritless. Denial of the Motion is appropriate on multiple, alternative grounds. Plaintiffs therefore respectfully request that the Motion to Stay be denied. Dated: February 13, 2008 Respectfully submitted, By: 5/ Jeffrey M. Herman Jeffrey.M. Herman (FL Bar No. 521647) ihermanOltermanlaw.com Stuart S. Mermelstein (FL Bar No. 947245) [email protected] Adam D. Horowitz (FL Bar No. 376980) ahorowitzahermanlaw.COM HERMAN & MERMELSTEIN, P.A. Attorneys for Plaint:1ft Jane Doe et al. 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 CERTIFICATE OF SERVICE I hereby certify that on February 13, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on the following, via transmission of Notices of Electronic Filing generated by CM/ECF: Theodore Jon Leopold [email protected] /s/ Jeffrey M. Herman HERMAN S. MERMELSTEIN, P. A. - 5 - viww.hermanlaw.coin Case No. 08-80736-CV-MARRA P-003657 EFTA00190773
Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 1 of 6 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL COURT IN AND FOR PALM BEACH COUNTY, FLORIDA FAMILY DIVISION CASE cci;n• IN RE: THE FORMER MARRIAGE OF DAWN LAVOGUE-SANDBERG, Petitioner/Former Wife, vs. Respondent/Former Husband / CUSTODIAL PARENT MODIFICATION THIS AGREEMENT is made in Palm Beach County, Florida between DAWN LAVOGUE-SANDBERG, hereinafter referred to as the "Former Wife" and a INS hereinafter referred to as "Former Husband". In consideration of the mutual undertakings herein contained, the pates agree as follows: 1. STATUS OF PARTIES: The parties were divorced on June 18, 1991. The custodial parent circumstances of the parties have changed, they desire to adjust their responsibilities for custodial parent of their minor children. GAG 81 :1 lid Cq %a Case No. P-003658 EFTA00190774
Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 2 of 6 LAVOGUE-SANDBERG ands Case No. 2. PURPOSE OF AGREEMENT AND CONSIDERATION: The purpose of this Agreement is to effect a complete settlement, with reference to the parties's obligations with respect to the visitation and parental responsibility of the two minor children, and 3. CUSTODY OF MINOR CHILDREN: Full Parental Custody of both minor children shall be granted to Former Husband. Both minor children shall reside with Former Husband in Florida. 4. VISITATION: • 4 Former Wife shall be entitled to open communication between herself and minor children. Former Wife shall receive visitation as often as children desire but shall be at minimum once a year. All plane fare for said visitation shall be at the expense of Former Wife except In such case Former Husband shall for any reason need children to commute to Former Wife in Georgia for personal, emergency, or necessary reasons then Former Husband shall pay for said plane fare. 6. lotNANCIAL RESPONSIBILITY: Former Husband shall hold complete financial responsibity for both minor children including but not limited to all medical, dental, vision, etc. care and or insurance. Former Husband shall be granted both Florida Prepaid College Programs for both minor children and be responsible for college tuition, etc. payments. Former Husband shall claim both minor children on his personal Income taxes beginning 2006 tax year. DLS -2- DA Case No. 08-80736-CV-MARRA P-003659 EFTA00190775
Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 3 of 6 LAVOGUE-SANDBERG an' Case No. 6. AGREEMENT BINDING: This Agreement and all the obligations and covenants hereunder shall bind the parties hereto, their heirs, executors, administrators, legal representatives and assigns. ti 1::. 7. REPRESENTATIONS: The parties represent to each other that: A. The parties fully understand the facts as to their legal rights and obligations. Each is signing the Agreement freely and voluntarily, Intending to be bound by It. B. The laws of Florida shall govern the validity, construction, interpretation and effect of this Agreement. C. Neither party is represented by legal counsel. 8. PARAGRAPH HEADINGS: Paragraph headings are provided for convenience in locating paragraphs and are not intended to add or detract anything from language of the paragraphs. -3- DLS DAG Case No. 08-80736-CV-MARRA P-003660 EFTA00190776
Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 4 of 6 LAVOGUE-SANDBERG anal. Case No. - STATE OF FLORIDA COUNTY OF PALM BEACH Mardi BEFORE ME,' the undersigned authority, this al 1 $ day of,AprIl, 2006, personally appeared DAWN LAVOGUE-SANDBERG, who is personally known to me or has provided a valid Georgia Drivers License and who after being duly sworn, deposes and says that she is Former Wife in the above and foregoing Agreement; that she has read the foregoing Agreement and that she has executed the same freely and voluntarily for the purposes therein expressed. airuritSctodik, Notary Public My Commission Expires: A5'a tk-^0,14-01- BEFORE ME, the undersigned authority, this day olikpril, 2006, personally appearedS who is personally known to me JZ:or has provided a valid Florida Drivers License and who after being duly sworn, deposes and says that he is Former husband in the above and foregoing Agreement; that he has read the foregoing Agreement and that he has executed the same freely and voluntarily for the purposes therein expressed. otary Public My Commission Expires: S. 4- o7 WE a a t SOSA NOTARY PUBLIC -5- COMMISSION NO. OD209030 Case No. 08-80736-CV-MARRA P-003661 EFTA00190777
Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 5 of 6 LAVOGUE-SANDBERG a d Case No. IN WITNESS WHEREOF, the parties hereto have signed and acknowledged this Agreement in the presence of the witnesses signing below on this tvect-k April 2006. nature (Witness # ) 115/q a. itACE (Print) (Witness #1) Nom, t 7(1) whi ' (Print) itn s #2) (Print) (Witness 1) aF 9. 1 :24T-7 Sign ure (Witness #2) £1"//e 44 &2' (Print) (Witness #2) -4- 2_2 day of Dawn LaVogue-Sandberg Case No. 08-80736-CV-MARRA P-003662 EFTA00190778
Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 6 of 6 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL COURT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: THE FORMER MARRIAGE OF DAWN LAVOGUE-SANDBERG, Petitioner/Former Wife, and Respondent/Former Husband FAMILY DIVISION CASE NO. /100.41 ORDER GRANTING CUSTODIAL PARENT MODIFICATION COMES NOW before the court the CUTODIAL PARENT MODIFICATION and the court having been advised that the parties are in agreement, it is: ORDERED and ADJUDGED that said Custodial Parent Modification be GRANTED. DONE AND ORDERED in chambers this cc: Dawn Lavogue-Sandberg 411 Christophers CL Waleska, GA 30183 od` ltf: '•P day of April, 2006. CIR UIT COURT JUDGE WILLIAM J. BERGER Case No. 08-80736-CV-MARRA P-003663 EFTA00190779
Case No. 08-80736-CV-MARRA08300 p EFTA00190780
PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Piet Gutty Cate P . Charge Count IJisfer 0t9f41 06CF009454A1A8 Felony Solicitation of Prostitution 1 No 3 FEL 08CF0093814A46 Procuring Person Under 18 for Prostaution 1 No 2 FEL PSi: VVarvecithot Required X RequkedateqUested alaNgrall2ft Adjudicate N I SENTENCE: On 06CF009454AMB, the Defendant S sentenced to 12 montheln the Min Bath COUnty Detention Facility. with credit for 1 (one) day time served jr..t -7( On C03CF009381AMB, the Defendant S sentenced to 8 rnonthalhe Pan Beach County Detention Fay, watt credit ter 1 (one) thy time served. This 6 rnordh atdence is to be served consecutive b the 12 month sentence el MCF009454AMB. FoloMng this 8 month sentence, the Defendant wil be pieced on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR cONADITML: As a special condition of RS community control, the Defendant S to have no unsupervised contact with minors, and the supervising adult mutt be approved by the Depertnent of Corrections. The Defendant s designated as a Sexual Offender pursuant to Florida Statute 943.0e and must abbe by al the corresponding requkements of the stable, a copy of ankh Is attached hereto and incorporated herein. The Deiendant must provide a DNA sample in court at the time of this plea! 7/ of Pete of 1 Case No. 08-80736-CV-MARRA P-008301 EFTA00190781
948.101 Tarns and conditions of community control and criminal quarantine community control.-- (1) The court shall determine the terms and conditorn of community control. Conditions specified in lids subsection do not requiro oral pronouncement at the time of sentencing and may be considered standard conditions of community control. (a) The court shall require intensive supervision and surveillance for an offender placed into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agreed-upon 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 device or system. 5. The standard conditions of probation set forth in s. 948.01 (b) For an offender placed on criminal quarantine community control, the court shall require: 1. electronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated hours. (2) The enumeration of specific kinds of terms and conditions does not present the court from adding thereto any other terms or conditions that the court t oathes proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 to reside In another state if the order stipulates that it is contingent upon the approal of the receiving state interstate compact authority. The court may rescind or modify at any time tie terms and conditions theretofore imposed by it upon the offender In commtnity 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 juriefictkm of the Department of Corrections, a probation program drug punishment phase I sectre 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 fiN in violation of s. 775.0077 on criminal quarantine community control. The Department of Corrections shall develop and administer a criminal quarantine commtrity control program emphasizing intensive supervision with 24-hour-per-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered. Case No. 08-80736-CV-MARRA P-008302 EFTA00190782
'943.0435 Sexual offenders required to register with the department; penalty.-- (1) As used in this section, the teen: (a)1. 'Sexual offend'? mews a person who meets 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, solkiting, or conspiring to commit, any of the criminal offenses proscribed in trio following statutes in this state or similar offonses in another jurisdiction: s. 787.01, s. 787.02, or s. 757.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 714.05, s. 796.03• s. 796.035- s. 800.04; s. 825.1025; s. 627.071' s. 847.0133: s. 847.0115, (=fixity 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 been redesignated from a former statute ntrnbor to one of those listed in this sub-sub-subparaceph; and (II) Has boon 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 sib-sub- subparagraph (I), a sanction imposed in this state or fn any other jurisdiction includes, but Is not limited to, a fine, probation, commu•ty control, pe►ole, conditional release, control release, or Incarceration In a state prison, federal prison, private correctional facility, or local detention facility; b. Establishes or maintains a residence in this state and who has not designeited as a suet predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by anothor sexual offender designation In another state or jurisdiction and was, as a resat of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether tie 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 weer the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, sotkiting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 717.01, s. 787.02 or s. 767.025(2)(c), where the victim is and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.Q5; s. 796.03; s. 796.035; s. 800.04- s. 625.1025; s. 827.071. s. 047.0133; s. 847.0135, seeducting s. 847.0135(4); s. 847.0137. s. 847.0136; s. 847.0145; or s. 985.701(1); or any similar offense committed In this state which hes been redesignated from a former statute number to one of those listed in this sub-subparagraph; or d. On or after Sty 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jtaildkUtia when the juvenile was 14 years of ago or older at the time of the offense: (I) Section 794.011, excluding s. 794.011(10); Suction 600.04(4)(b) whore the victim is undor 12 years of ago or where the court finds sexual activity by the use of force or coercion; (III) Section 800.04(5)(c)1. where the court finds molestation Irrrolving unclothed genitalsmez, Case No. 08-80736-CV-MARRA `. P-008303 EFTA00190783
(fV) Section a00.04 (5)(d) whore the court finds the use of force or coercion and unclothed genitals- 2. for all qualifying offenses listed in sue-subparagraph (1)(a)1.d., the court shall make a written finding of the age of the offender at the tim• of the offense. For each violation of a qualifying offense listed in this subsection, the court shall make a written findfrg of the ago of the victim at the time of the offense. For a violation of s. x00.04(4), the court shell additionally make a written finding indicating that the offense did or did not finch° moat activity and Indicating that the offense did or did not involve force or coercion. For a violation of s. 803.04(3), the court shell additionally make a written finding that the offense did or did not Involve unclothed genitals or genital area and that the offense did or did not involve the use of force or coercion. (b) -Convicted means that there has been a determination of guilt as a restAt of a trial or the entry of aple. of guilty or nolo contendere, regardless of whether adjudication fs withheld, and includes an adjudication of delinquency of a juvenile as specified in this section. Comictkm alas:fail& offense Includes, but is not limited to, a conviction by a federal or military tribunal, including carts-martial conducted by the Alined Forces of the United States, and includes a conviction or entry of ■ plea of guilty or nolo contendere snuffing in a sanction in any state of the United States or other jurfsdktion. A sanction Includes, but Is not limited to, a fine, probation, community control, parole, conditions( release, control release, or Incarceration in a state prison, Worst prison, private correctional facility, or local detention fadifty. (c) "Permarwant residence- and "temporary residence- law the same meaning ascribed fn s. 775.21. (d) 'Institution of higher education- means a career carter, community college, college, state university, or independent postsecondary institution. (a) 'Change In enrollment or employment status' means the commencement or termination of enrollment or employment or a change in tocatkm of enrollment or employment (f) 'Electronic mail address" has the same meaning as provided in s. 668.032. (g) "Imtant message name marts an identifier that allows a person to commuricate in real time with another person using the Internet. (2) A sexual offender *tail: (a) Report in person at the sheriffs office: 1. In the county in which the offender establishes or maintains a permanent or temporary residence within 4a hours after: a. Establishing permanent or temporary re sidence in thh state; or b. Doing released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. In the county where he or the was convicted within tit hours after being convicted for a qualifying offense for registration under this section if the offender Is not in the custody or Case No. 08-80736-CV-MARRA P-008304 EFTA00190784
control of, or under the suporrision of, the Department of Corrections, or is not in the antody of a private correctional facility. Any change in the sexual offender's permanent or temporary residence, name, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(4), after the sexual offender reports in person at the sheriffs office, shall be accomplished in the manner provided in subsections (4), (7), arid (8). (b) Provide his or her name, date of birth, social security number, race, sex, height, weight, hair and eye color, tattoos or other identifying marks, occupation and place of employment, address of permanent or legal residence or address of any current temporary residence, within the state and out of state, including a rural route address and a post office box, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(0), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address. I. If the sexual offender's place of residence is a motor vehicle, trailer, mobile horns, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriffs office written notice of the vehicle identification number; the liceriso tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence Is a vessel, the-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, Including color scheme, of the vessel, live-aboard vessel, or houseboat. 2. If the sexual offender is strolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shell also provide to the department through the sheriffs office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change In enrollment or employment status shall be reported in person at the sheriffs office, within 48 hours after arty change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change In the sexual offender's enrollment or employment status. When a sexual offender reports at the sheriffs office, the sheriff thee take a photograph and a set of fingerprints of the offender and forward the photographs and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender. (3) Within 48 hours after the report required under subsection (2), asexual offender shall report in person at a driwor's license office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that complies with the requkements of s. 372.141(3) was previously secured or updated under s. 944.607. At the driver's license office the sexual offender shall: (a) If otherwise qualified, sense a Florida driver's license, renew a Florida driver's license, or SOCWO an identification card. The sexual offender shalt identify himself or herself as a sexual offender who Is required to comply with this section and shalt provide proof that the sexual offender reported as required in subsection (2). Tho sexual offender shall provide any of the information specified in subsection (2), if requested. The sexual offender shall submit to tho taking of a photograph for use in Issuing a driver's license, renewed license, or identification card, and for use by the department in maintaining current records of sexual offenders. Case No. 08-80736-CV-MARRA P-008305 EFTA00190785
(b) Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for Issuing or renewing a driver's license or identification card as required by this section. The driver's license or identification card issued must bo in compliance with 5., 371.141(3). lc) Provide, upon request, any additional Information necessary to confirm the identity of the sexual offender, including a set of fingerprints. (4)(a) Each time a neatest offender's driver's license or identification card is subject to renewal, and, ...Atheist 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 reason of marriage or other legal process, the offender stall report in person to a driver's license office, and that be subject to the requirements specified In subsection (3). Tho Department of Highway Safety and Motor Yehkies 'ail forward to the department all photographs and information pnovided 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 to the Department of Law Enforcement for purposes of public notification of sexual offenders as prodded in this section and u. 943.043 and 944.606, (b) Asexual offender who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the sheriffs office of the county in which he or she Is located. The sexual offender shell specify the date upon which he or she intends to or did vacate such residence. The 14Alat offender must provide a 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 h or will be occupying during the time In which hearth. faits to establish or maintain a permanent or temporary residence. (c) Asexual offender who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, report In parson to the agency to which he or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly corney the information to the department. An offender who mattes a report as required under paragraph (b) but faik to maite a report as required under this paragraph commits a felony of the second degree, punishable as provided ins. 775.032, s. 775.063, or s. 775.044. (d) Asexual offender must register any electronic malt address or instant message tame with the department prior to using such 'tectonic mail address or instant message none on or after October 1, 2007. The department shell establish an online system through which sexual offenders may securely access and widow all electronic mail address 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 es required under s. 775.21. (6) County and local law enforcement agencies, in conjunction with the department, shall verity the add,' nos of sexual offenders who aro not under the care, custody, control, or supervision of the Department of Corrections in a manner that is consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such wrification or required to bo met as a condition for the receipt of federal funds by the state. Local law enforcement agencies shell report to the department any failure by a sexual offender to comply with registration requirement. Case No. 08-80736-CV-MARRA EFTA00190786
(7) Asexual offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date ho 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 shall promptly provide to the department the information received from the sexual offender. The department shaU notify the statewide taw enforcement agency, or a comparable agency, in the intended state or jurisdiction of riddance of the sextet offender's intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9). (8) Asexual offender who indicates his or her Intact to reside in another state or jurisdiction other than the State of Florida and late' 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. Asexual offender who reports his or her intent to reside in another state or jurisdiction but who remains In this state without reporting to the sheriff in the manner required by this subsection commits a felony of the second degree., punishable as provided ins. 775.0p_, s. 775.083. or s. 775.064. (9)(a) A sexual offender who does not comply with the requirements of this section commits a felonry of the third degas, punishable as provided ins. 775.082, s. 775.083 or s. 775.084. (b) A sexual offender wile commits any act or omission in violation of this section may bo prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sexual offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual offender. (c) An arrest on themes 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 subsequent charge of failure to register. A sexual offender charged with the crime of failure to register who assorts, or intends to assort, a lack of notice of the duty to register as a defense teacher's 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 *falai* of notice of the duty to register. (d) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register. (10) The department, the Department of Highway Safety and Motor Vehicles, the Department of Cot nittions, 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 ackninistratoe; or an employee, agency, a any indivkicai or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liabRity for damages for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith In compiling, recording, reporting, or releasing the information. The pninumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Case No. 08-80736-CV-MARRA P-008307 EFTA00190787
Justice, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is Incomplete or incorrect because a sagest offender fait to report or falsely report his or her arrent place of permanent or temporary residence. (11) Except as provided ins. 943.04354, asexual offender must maintain nagistration with the department for the duration of his or her fife, unless the sexual offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offstage that meets the criteria for classifying the person as a sexual offender for purposes of registration. iiowoser, a sexual offender (a)1. Who has-lawfully released from confinement, supervision, or sanction, whichever is later, for at last 25 years and hes not been wrested for any felony or misdemeanor offense since release, provided that the sexual offender's requirement to nagfstar was not based upon an adult conviction: a. For a violation of s. 71$7.01 or s. 787.02; b. fora violation of s. 794.011 excluding s. 794.011(10); c. For a violation of s. 1103.04(4) (b) where the court finds the offense involved a victim under 12 yews of age or sexual activity by the use of force or coercion; d. Por a violation of s. 600,04(5)(b); o. Pot a violation of s. 800.04(5)c.2. where the court finds the offers. in voived unclothed genitals or genital arse; 1. For any attempt or conspiracy to commit any such offense; or g. For a violation of similar law of another jurisdiction, may petition the criminal division of tie circuit court of the circuit in which the sexual offender resides for the purpose of removing tie requirement for registration as a sexual offender. 2. Tie court may grant or deny relief if the offender demonstrates to the rout that he or she has not been wrested for any crime since release; the requested relief complies with tie provisions of the federal Adam Welsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a sexual offender of required to be mot as a (relation for the receipt of federal fends by the state; and the court is otherwise satisfied that the offender is not a currant or potential threat to public safety. The state attorney in the circuit in whkh the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The stab• attorney may present evidenco in opposition to the requested relief or may otherwise demonstrate the reasons why tie petition should be denied. If the cart denies the petition, the court may set a future 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 that( remove an offender from classification as a sexual offender for purposes of registration if the offender provides to the department a certified copy of the court's written findings or order that Indicates that the offends is no longer required to comply with the requirements for registration as a sexual offender. Case No. 08-80736-CV-MARRA P-008308 EFTA00190788
(b) As defined in sub-subparagraph (1)(a)1.b. must maintain registration with the department for the titration of his or her life until the person provides the department with an order issued by the court that designated the parson as predator, as a sexually violent predator, or by another sexual offender designation in the state or Jurisdiction in which the order was issued which states that such designation has been removed or 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 Jtrisdktlon in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state. (12) The Legislature finds that sexual offenders, especially those who haw committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders haw a reduced expectation of privacy because of the public's Interest in public safety and In the affective operation of guys uremia. Releasing information concerning sexual offenders to law enforcement agencies and to per,ons who request such information, and the release of such Information to the public by enforcement agency or public agency, will further the governmental interest 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) My person who has reason to bellow 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 Of her noncompliance with the requirement of this section: (a) Withholds information frem, or does not notify, the law enforcement agency about the sexual offender's nomonullance with the requirenvents of this section, and, if known, the whereabout 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 assists another person in concealing or attempting to conceal, the sexual offends.; or (d) Provides information to the law enforcement agency regarding the sexual offender that the person knows to bo false information, commits a felony of the third degree, punishable as provided in s. 775.062, s. 775.063, or s. 775.064. (14)(a) Asexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the west offender's birth month to the tariffs office in the county in which he or the resides or is otherwise located to reregister. (b) However, asexual offender who Is required to register as a mutt of a conviction for: 1. Section 787.01 or s. 767.02 where the victim Is a minor and the offender is not the victim's parent or guardian; Case No. 08-80736-CV-MARRA P-008309 EFTA00190789
2. Section 794.011, excluding s. 794.011(10); 3. Section 800.04(4)(b) whore the court finds the offense invotved a victim under 12 years of age or Segal activity by the use of force or coercion; 4. Section 800.04(5)(b); 5. Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area; 6. Soctia.i II00.04(5)c.2. whore the court finds molestation Involving unclothed genitals or genitat area; 7. Section 8O0.04(5)(d) where the court finds the use of force or coercion and unclothed genitals or genital woe; 8. Any attempt or conspiracy to commit such offense; or 9. A violation of a similar law of another jurisdiction, must reregister oath yew during the month of the sexual offender's birthday and ovary third month thereafter. (c) The sheriff's office may determine the appropriate times and days for reporting by the sexual offender, which shall be consistent with the reporting requirements of this subsection. Reregistration shell include any charares to the following information. 1. Name; social security number; age; race; sex; date of barth; height; weight; heir and eye color, address of any permanent residence and address of any current temporary residence, within the state or out of state, including a neat route address and a post office box; any electronic moll address and any instant message name required to be provided pursuant to paragraph (4)(d); dato and place of any omploymait; nScle make, modol, color, and license tag number; fingerprints; and photograph. A post office box shall not bo provided In lieu of a physical residential address. 2. If the sexual offender Is enrolled, employed, or carrying on a wication at an Institution of highor education in this state, the sexual offender shell also provide to the department the name, address, and minty of each Institution, including each campus attended, aid the sexual offender's ern:Amore or empaoyment status. 3. If the sexual offender's place of residence Is a motor vehicle, trailer, mobile home, or manufactured home, n defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, Including color scheme, of the motor vehicle, trailer, mobile home, cc manufactured home. ff the sexual offender's place of radiance is a vessel, Live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shell also provide the hull identification number; the manufacturer's serial number; the name of the vessoi, live-aboard asset, or houseboat; the registration number; and a description, including color scheme, of the wassol., live-aboard vassal or houseboat. 4. Any sexual offender who faits to report In person as required at the sheriffs office, or who faits to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence or who fails to report electronic mail addresses or Case No. 08-80736-CV-MARRA P-008310 EFTA00190790
Instant message names, commits a felony of the third degree, punishable as provided In s. 775.882 s. 775.063, or s. 775.064. (d) The sheriffs office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to the department fn a warner proscribed by the department. Case No. 08-80736-CV-MARFtA P-0083 I I EFTA00190791
JUN-27-2008 FRI 03:33 PH FAX NO. 5618358691 P. 01 Cgromat, 1k:esti) AOO4 r —Nor ric.eo LA) I awx_i ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 FAX TRANSMITTAL COVER SHEET DATE: June 27, 2008 TO: A. Marie Villafana FAX NO.: 820-8777 FROM: Nayanira, Assistant to Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein's Plea Agreement TOTAL PAGES: 5 Including cover sheet *fri PLEASE NOTE - CONFIDENTIALITY WARNING *** THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED. CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mail Service. Thank you for your cooperation. Case No. 08-80736-CV-MARRA P-008312 EFTA00190792
JUN-27-2008 FRI 03:33 PH FAX NO. 5818368691 P. 02 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guifty X Case No. Charoe Count Lesser Decree 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 for the Defendant Date of Plea Defendant Case No. 08-80736-CV-MARRA P-008313 EFTA00190793
JUN-27.2008 FRI 03:34 PM FAX NO. 5618358691 P. 03 915.101 Terms end conditions of community control and criminal quarantine community control... (1) The court shall determine the corms and condition: of community control. Conditions seacifforl in this subsection do not require oral pronoUncoment at the time of sentencing and may be considorod standard conditions of community control. (a) The court shah require, intensive stsonrvislor and surveillance for an offender placed into community control, which may include but is net limited to: 1. Sporifisid contact with the parole and probation officer. 2. Confinement to an aprocre-urson rosidonco during hours away from amploymont and pub& service activities. 3. Mandatory public cirri co, 4. Supervision by the Department of Corrections by means of an electronic monitoring dow;co or system. 5. The standard conditions of probation set forth in s. ?aft.02. (b) For an offender placed on criminal qunrantine community control, tin? court shaft require: 1 . eloctronIc mordtoring 24 hoots per day. 2. Confinement to a designated rorklence during designated hour,. (2) Tho onumeration of specific kinds of terms and conditions does not present the court from adding thereto any other terms or conditioner that the court considers proper. /ler/ever, the sentencing court may only Impose a condition of supervision allowing an offendor convicted of t. 794.011, s. 800.04 s. 827.071 or s. (147.012§ to reside in another state if the ardor stiPtilean that ft is contingent upon tho approval of the receiving stato intestate compact authority. Tha court may rescind or modify at any rime thu terms and conditions theretofore imposed by it upon the offender in community control. However, if tho court withholds adjudication of guilt or Woos= a period of Incarceration as a condition of community control, the ported may not exceed 3b4 days, and Incarceration shall be restricted to a county facility, a pthbation and restitution center under the juriraction of the Department of Corrections, a probation program drug punishment phase I sacuro residential treatment institution, or a community residential fadfity owned or operated by any entity providing such services. (3) The court may place a CIVIOndarit who is Doing sentenced for criminal transmission of HIV in violation of s. m.peu on enroll-1N quarantine community control..The Deportment of Corrections shall dovolop and administer a criminal quarantine community control program mriphasfeing intarrsive supenision with 24thour-porday islectnirtic monitoring, Criminal quarantine community control status must Include surveillance and may Includo other moesures norrnally assoclatod with community control, axeopt that SOOCIfic conditions necessary to monitor this population may bo ordered. Case No. 08-80736-CV-MARRA P-008314 EFTA00190794
JUN-27-2008 FRi 03:34 PM FAX NO. 5618358691 P. 04 '942.0135 Sexual offondora roqulrod to resistor with the department; penalty.-- (1) As used in this section, the term: (e)1, 'Soxuat offender matins a parson who moots the criteria fn sub-subparagraph a., sub subparagraph b., sub-subparagraph c., or sub-subparagraph 6., as follow= 9,0) Has bean convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offonsos proscribed in the following statutes in this state or similar offororn in another jurisdiction: s. 7157.01, s. 787.02, or s. 787,025(4(c), when die victim h a minor and the dafondant is not the victles parent or guardian; s. 791.011, excluding s. Z942,911(10); s. 704.08 s. 796.03.; s. 5. 801W1; s. 825.1075; s. !WEL tt. .647-cri s. 847,0133, excluding s. /347.0135(4); s. 847,0137; s. 847.013p; 5. 847.0145j or s. 985.791(1); er any Onitlar offeme committed in this state which has boon rodents/rested horn n fonnar statute number to ode of those listed in this sub-sub-subparagraph; and (Ill Has notaased on or after October 1, 1997, from the ranction imposed for arty conviction o an affair-A described in suh-subaubparagraph Id. For purposes of sub-0.1b- subparagraph (I), a wicticn imposed in this vat" or in any other jurisdiction Includes, but is not limited to, a fine, probation, community control, paro4o, conditional release, control release, or tram coation in a state prison, federal prison, private correctional futility, or local (intention facility; b. F3tablithel or maintains a residence in this state and who has not boon cl-sienatee as a sexual pnodator try a court of this state but who has been designated realm:wit predator, zr• sexually violont predator, or by another sexed offend/2e dosignation in another state or jurisdiction and was, as a result of such dosignation, subjected to registration or community or public notification, or both, or would bo if the person %/Vero a resident of that vtoto or jurisdiction, without regard to whether the person otherwise meets the critreia for registration ea a TOXVOI offendor, c. t abllshm or maintains o residence in Vas stato who is In tho custody or control of, or ender tho supervision of, any arbor stato or jurisdiction as a result of a conviction hr committing, or attompting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the follmving statutes or similar offense in another jurisdiction: s. 787.01, s. 717411 or s. 787.025(2)(c), where the victim is a minor and the drifendaru is not the victim's parent or geordlan; s. 794.011 excluding s. 794.011(10); s. 79/.05; s. 796.03; s. 796.035; I. s. 825.1025; s. 827.911; s. 847.01a; s. gizsig, excluding s. ,847.0135(4); s. 847...T37; s. ran 2C s. 847.0145; or s. 2ILM(1); or any similar Miens. committed In this state which her; bean redesignated from a former statute number to one of those listed In this rub subparagraph; or d. On or after July 1, 2007, lies been adjutlicateri delinquent for committing, or attempting. soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statirtas in this state or similar offenses in another jurisdiction when din juvenile was 11 years of ago or older at tho timo of the offense: 0) Section 794.011, excluding s. 71-1.01) 11 oh (I)) suction 800.04(4)(b) Where the victim is under 12 years of ago or where the court finds -sexual activity by the use of force or coercion; OH) Section 800.04(5)(c)1. whore the court finds molestation ineoMen unclothed genital:; or Case No. 08-80736-CV-MARRA P-0083 15 EFTA00190795
JUN-27-2008 FRi 03:34 PH FAX NO. 5618358691 P. 05 (IV) Section 800..Diff511d) whoro the court finds the use of force or coercion and unclothed fi °nitres. 2. For all qualifying offenses listed in sub-subparagraph )101.d., tho court shrill make a vnitter finding of the age or the offendor et the brace of the offense. For each violation of a eialifying offense listed in this subsoction, tho court shalt make a written finding of the ago of the victim at the time. of the offense. For a violation of s. 822,04(4), the court shall additionally make • written finding indicating that the offense did or did Pet insiolue sexual activity and indicating that the offense did or did. not {twelve forco of coercion, for a violation of s. §99j 04(5), the court shall additionally make a written finding that the offense did or did not involve uriclothad genitals or genital area and that the offense- did or did not Involve the urn of force or coercion. (b) 'Convicted- moans that there has boon a dotermination of guilt m a result of o trial or the entry of a pica of guilty or 110(0 contendere, regardless of whether adjudkation is withhold, and inciudos an adjudication of dolinquoncy of n Juvenile as spoclfiad in this section, conviction of a similar offerors includes, but it not limitod to, a conviction by a federal or military tribunal, Including courts-martial conducted by the Armed Forces of the United State:, and includes a conviction or entry of a pica of guilty or nolo centondore resulting in a sanction loony state of the United States or other jurisdiction. A sanction includes, but is not limited too A find, probation, community control, petrol°, conditional release, control rotten; or incartaration in t date WIWI, federal prison, private correctional facility. or local detenumi facility. (c) 'permanent residence' and "torr,portiry roTicnice" have the sane moaning ascribed In 1. 775.21.. (d) "Institution of higher education- moans a carver comer, community college, college, stele kathrorsity, or indopendont postsoconciary institution. (a) thaw in enrollment a employment status' moans the corm ersoarnent or termination of enrollment or employment or a change In location of enrolimont or omptoyment. (f) "floctronic malt ask:boss' has the samo moaning as provided ins, aqvy, (fo birt:tant mazoge name ineerts On identifier thcrt allows a poison to communicate In reoi time. with another person using the Internat. 12) A %Gaunt offender lal Report In person at the sheriffs office: 1. In the county in which the offender ostablishos or maintains a permanent or temporary residence within 48 hours after: a. Establishing permanent or temporary rosidonco in this state; or b. acing roloason from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. in the county whim: ho or she was convicted within 4e hours after being convicted (or a OLlatifyinv offense for registration under this yeiCtion if the offender is not in the custody of Case No. 08-80736-CV-MARRA P-008316 EFTA00190796
JUN-27-2008 FRI 03:35 P11 FAX NO. 5618358691 P. 06 control of, or under the suponlOon of, the Deriertniciit of Corrections, or is not in the custody of a private correctional facility. Any change in the sexual offender's permenont or temporary residence, name, any electronit mail address and any instant message name nultere.d to be provided pursuant: to paragraph (41(41, after the sexual offender reports in person at the sheriffs office, shall he accomplished In the manner provided In subsections (1), 17), and (8). fb) Provide his or her name, dote of birth, social security number, race, sox., height, weight hair and eye color, tattoos or other Identifying marks, occupation and place of employment, address of permanent or fugal rondianco or address of any current temporary residence, wit:lin • the State end out of state, including a feral route address and a post office box, any electronic. Mail address and any instant message name required to be provider; pursuant to paragraph (4)(d), date and place of each conviction, and a briar description of the crime or crimes cornmitted by the offender. A post office bait shell not be provided In lieu of a physical residential addrez. f 1. if the seems! offender's piece of residence is a motor vehicle, traitor, mobile home, or manufactured home, as defined in chupter 320, the sexual offender 'hail also provide to the department through the sheriffs office written notice of the vehrele identification number, the license tag number; the registration number; and a description, including color schento, of the motor weifele, trailer, mobilo home, or manufactured home. If the 'extol offender's ptaco o! raSidence Is a vessel, live-aboard value, or houseboat, as defined in chapter 327, the sexual Orlando* shall ales provide to tho department written notice of the hull identification numbs r; the manufacturer's serial number; the name of rho segue; llveiaboard VCS101, or houseboat; the rogletration number; and e description, Incite:II% color scheme, of the voseel, lieriabeerd vessel, or houseboat. 2. if the sexual offender is enrolled, employed, or carrying on a vocation at an institution o/ NOW education in this state, the sexual offender shall also provide to the department through the sheriffs office the name, address, and county of oath institution, including each campus attended, and the sexual offender: enrollment or employment status. Each change in enrollment of employment status shall be reported in person at the sheriffs office, within ee hours after any change in status. The sheriff shall promptly notify each Institution of the sexual offen'der's presence tind any change In the emote offender's enrollment or employment status. When a.sexual offender reports at the sliortffs office, the sheriff shall take a photograph anti a set of fingerprints of the offender end forward the photographs and fingerprints to she depert-nent, along with the Information provided by the sexual offender. The sheriff shell promptly provide to the deportment the Information received from the sexual offender. (31 Within 40 hours after the report required under subsection al, a sexual offender shall report in person eta drivers f Irnnse office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that compiles with the requirements of s. a,e1.141(3) eite previously secured or updated under s. 0.44.607. At the driver's enema office the sexual offender ti otherwise qualified, secure a Merida driver's license, renew a Florida drtsers license, or secure an Identification card. The sexual offender shall identify himself or herself as e sexual offender who is required to comply with this section and shall provide proof that the sexist offender reported as required in subsection (2). The sexual offender shall provide any of the Information specified In subsection (2), if requested. The sexual offender shall &emit to tho taking of a photograph for use in issuing a driver's license, renewed Ikons°. or identification card, and for use by the department in maintaining current records of sexual offenders, Case No. 08-80736-CV-MAFtRA P-008317 EFTA00190797
JUN-27-2008 FRI 03:35 PM FAX NO. 6618358691 P. 07 ftil Pay the cold assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver's Ikons,: or identification cord as required by this section. The driver's ((cerise or identification card imuct4 must be in compliance with s. 342.1.1I(3). (c) Provide, upon fewest, any additional information netwary to confirm tho Identity of the sexual offender, including a sot of fingerprints. MOO Each time a rat& offended: driver's license or identification card is subject to renewal, and, without regard to the status of the offenders 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 nano by reason of marriage or other legal pretest, the offcmdor shell report in imrsun to a driver's license office, and shall bo subject to the requirements specified in subsection (3). Tho Deportment of Highway Safety end Motor Vehicles shall forward to the depertmont all photorraphs and information provided by sexual offenders. Notwithstanding the restrictions nut forth in s. 12%142, the Department of Highway Safety and Mow Vehicles Is authorized to release a reproduction of a color photograph or digital-image license to the Department of taw Enforcom•ent for purposes of public notification of sexual offenders as Provided in thb ¬ion and ss. H2.043 and 944 ;606. (b) A Sexual offender who vacates a permanent residence and fails to establish or maintain another pen/tenant or temporary residence shell, within 45 hours after vacating the permanent residence, report In person to the sheriffs office of the county in whids he or she is located. The sexual offender stroll specify the date upon which he a she intends to or did vacate sus!) residence. Tho sexual offender must provide or update all of the registration Information required under paragraph (2)(b). The sexual offender must provide an address lei tfie residence or other location that ho or she is or will be occupying during the time In which ho or she loll: to establish or maintain a permanent or temporary residence. (c) A sexual offender who remains at a permanent residence after reporting his or her intern to ornate such rosidence shall, within 48 hours otter the data upon which the ofiondes Unheated ho or she would or did %moats such residence, report In person to the agency to which Fro or she reported pursuant to paragraph (b) for the purpose of reporting MI or her address at such residence. When the sheriff rectivas the report, the sheriff shall promptly convey the information to the department. An offender who metes a report as rewired 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. 775.082, s. 711,01, or 3. /75.01(e. (d) A sctxuat offender must register any electronic mail address or Instant nvassego name with the department prior to using such electronic matt address or instant mosso*ee nbrne on or after October 1, 2007. The department shall establish no online system through which sexual offenders may securely access and update ail electronic mall address and instant message nano information. (5) This section does not apply to a sexual offender who is also a sexual predator, as defined in s. 7.75.;1_, A StaxUal predator must roghtet as required under s. W( 1_ ifs) County and local taw enforcement agencies, in conjunction with the department, shall verify the addresses of =wet offenders who are not under tho care, custody, control, or supervision of the Department of Corrections in a manner that is fundament with the provision: of the federal Adam Welsh Child Protection and Safety Act of 2006 and any other federal standards °politest° to such verification or rcquircd to be mot es a condition for the receipt of federal funds by the state. i.otal law enforcement agencies shall report to the department en ty failure by a sexual offender to comply with registration requirements. Case No. 08-80736-CV-MARRA P-0083 I 8 EFTA00190798
JUN-27-2008 FRI 03:35 PM FAX NO. 5618358691 P. 08 (7) A saw& offender who intends to establish residence In enothor state or Jurisdiction other than tho State of Florida shalt report in parson to the sheriff of the county of Current rePdence within 48 hours before the date ho or the intends to leave this :taco to establish residence In another state or jurisdiction. Tie notification must include the address, municipality, county, and state of intended residence. The %tariff shall promptly provide ta the department the information received from the sexual offender. The deportment shall notify the statowido law onforconvent agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual offender% intended residence. The failure of a sexual offender to provido his or her Intended place of residence Is punishable as provided in subsection (9). (8) A sexual offender who indicaters his or her luting to reside in another state or Jurisdiction other than tiro State of Florida rind later decides to remain in this state shalt, within MI hours after the date upon which the Patti offender indicated ho or sho would looms this state, report in person to the sheriff to which the sexual offender reported tho intended change or residenco, and report his Of her intent to contain In this state. The sheriff shall promptly report this information to the department.. A casual offender who reports his or her intent to reside, in motive state or jurisdiction but who remains in thisstate without reporting to the sheriff in the manner required by this subsection commits a felony of the second degree, punishable as providod In s. 275.0t1/, s. .72,S.01, or s. Z15.O4. 191(e; A =surd offorMr who does not comply with the requiramorns of this soction c.ommitt a felony of the third dorm, punishable as provided in s. s. 7Y , Or s, 71,1,014, fisi A sexual offender who commits any act or omission in violation of this socidon may be prosecuted for the act or omission in the county In which the act or omMion was the county of the registered address of the sone( offender, or the county In which the conviction occurred for the offense or offenses that meet the criteria for dosignotIng a person DS a sexual offender. (c) An arrest on energies of killere to resistor when the offondor has been provided and advised of his or Mr statutory obligations to register under subsection f2), the sorMco of an information or a complaint for a violation of this section, or an arraignment on charges for vioittfon of this section constitutes actual notice of the duty to register. A sexual Offenders failure CO Immediately ragliter as required by this section following such arrest, service, or arralennasM constitutes grounds, for a subsequent charge of failure to register. A sexual offender charged with this clime of failure to rogIstor who assorts, or intends to assert, a lack of notice of the duty to maw es a defemc to a charge of failure to register shall immodiatoly moister as requfred by this section. A sexual offender who Is thread with a subsequent failure to reginor may not assort the defense of a tack of notice of the duty to rogixor, id) Rogistration following such arrest, service, or arraignment is not a defame and doors not relieve the sosual offender of criminal liability for the failure to register. 110) The department, the Department of Highway Safety and Motor vehicles, the Deportmont of Correctiorc, the Department of Juvenile Justice, any law enforcement agency in this staler, and the personnel of those departments; en elected or appointed official. public employee, or wheal administrator; or an treployeo, agency, or any Individual or entity acting at the request or upon the direction of any law enforcement agency h immune from civil liability for dameaes for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of gond faith is not overcome If a technical or clerical error Is made by the department, the Departmont of Highway Safoty and Motor Voniclos, the Department of Corrections, the Dopertment of Juvenile Case No. 08-80736-CV-MARRA P-008319 EFTA00190799
JUN-27-2008 FRI 03:36 PH FAX NO. 5618358691 P. 09 Justico, 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 ff Information is incomplete or Incorrect betas % a sexual offender falls to report or falsely report; his or her current place of permnnent or temporary rand/ince (11) Except as provided ins. 943.041,51, e sexual offender must maintain registration with the department for the duration of his or hm• filo, unless the wxual offender has received 4 full ()Mtn or has had a conviction sot asido in a postconvfetIon proceeding for any offense the; moots the criteria for el:ossifying the person es a sexual offender for purposes of rogistratioil However, a sexual offender: rap. Who has bean lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 years and hes not been arrested for any felony or misdemormor offense since release, provided that the sexual offender's requirement to rogistnr wm: not Soled upon on adult conviction: fora violation of s. Zat91 or S. 7u...92; b. Per a violation of s. ?94.011, excluding s. 794,611(10); C. Fore violation nisi 0_00.04(4) (b) where the court finds the offense Involved a victim under 12 ycnrc of ago or reel activity by the use of force or coercion; d. For a violation of s. 490.01(5)(b), • oi For a violation of s. 800,0a(5)c.7.. Mona the court finds the of fonso involvod unclothed genitals or genital area; f. Por any attempt or conspiracy to commit eny such °Promo; or g. Fora violation of similar law of another jurisdiction, may petition the criminal division of this cirette court of the circuit in which rho sexist 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 der nos to the court that ho or sire has not boon arrested for any crime since release; the roguosteci relief complios with the Provision% of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a se mal offender or required to ho met as n condition for the receipt of federal funds by the state; and the cart is otherwise satisfied that the offender is not a current or potential throat to public safety. The %tato attorney in the circuit in which the petition Is filed must bo given notice of the potition at best 3 week: before the neerfne on teMatter. Tho state attorney may prison oindonco in opposition to the requested relief or may otherwise doMonstrate the reaserr why the petition should be denied. If tho court denies the petition, tho court may sot a future 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 shall rornovo an off odor from classification as a WARM offender for purposes of registration if the offender provides to the,, deportment o °reified copy of the courts written findings or orrice that Indicates that the offender h no tonsor ranuiroci to comply with the requirements for registration as a sexual offender. Case No. 08-80736-CV-MARRA P-008320 EFTA00190800
JUN-27-2008 FRI 03:36 PM FAX NO. 5618358691 P. 10 (b) As doenod in sub-subparagraph (1)ta)1.h. must maintain rogistfation with the department for tho duration of it or her lira until the person provides the deportment with an order issued by the court that de-donated the person as a sexual predator, as a taxuallysdolont predator, or by another sexual offender designation In the state or Jurisdiction in which the order was issued which restos that such dosignation has been removed or demonstrates to tho 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 designirtion 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, othodally those who have committed offianses against minors, of ton polo a high risk of onpgine in sexual offonses oven after being Sees& from incarcoration or cornoitinent and that protective) of the public from envoi offenders R s paramount govorrimant 'Merest. Seam' offenders have a roducod oxpectation of privacy because of the public's Moro* In public•xfoty and in the affective operation of government. Releasing information concorning sexual offenders to law enfoircernent agencies and to persons who request such information, and the release of svch Information to the public by a taw enforcement agency or public agency, will further the govenmontal Into•osts of public safety. Rio designation of a person as a sexual offender is note sentence or a punishment but is :imply the status of the offendor which is the result of a conviction for having committed certain crimes. (13) Arty person who has rcrison to believe that a sexual offender is not complying, or has net complied, with the requirements of this section and who, with the Intent to assist the sexual offender in eluding a law reforcemont agency that Is soaking to find the sweat offender to question tho sexual offender about, or to arrest the crawl, offender for, his or her noncompliance with the toosdrornonts of this section: (a) Withholds information from, or does not notify, the low enforcement agency about the muml offender's noncompliance with the nequiremonts of this %action, and, If known, the whereabouts of the SOWS Offender; (0) Harbors, or attempts to harbor, or mkt:. another person in harboring or ottompting to harbor, the scam' offender, or (c) Concoalr or attempts to conceal, or assists another person in concealing or attempting to concool, the sexual °fender; or (d) Provides information to the law enforcernont plenty regarding the sexual offender that the parson knows to be false information, commits a lelony of the third degree, punishable os provided in s. 775.082, s. 775.063, or s. 775.084. 114)In) Asexual offender must report In person each yoor during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the swifts office in the county in which ho or she reties or is othorwloo located to roroglsler. fb) However, a "mint offender who is required to registor as a result of a conviction for: 1. Section 787.01. or s. 787.02 where tho victim is a minor and the offender Is not the victims parent or guardian; Case No. 08-80736-CV-MARRA I'-008321 EFTA00190801
JUN-27-2008 FRI 03:37 PM FAX NO. 5618358691 P. 11 2. Section 19,4.011, oxcluding s. Z94.01,1 00); 3. Section 1104,04(1)(b) whom the court finds the offense In./Dived a victim under 12 years of age or sexual activity by the use of foreo or coercion; 1. Section 801).01(5)(b); 5. Section god.04(9)(c)1. whore the court finds molestation involving unclothed oonitislf. Or SOrtitat arse; 0. Section 800.04fSic.2. whore the court rinds molestation involsing unclothed genitals or enteral area; 7. SoctIon gr10.04(51id) whore the coal finds the use of force or coortion 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, must reregister each year during the month of the ...cadet offender's birthday cod ovary third month thereafter. (c) 'rho sheriff's office may determine tiro appropriate times and days for reporting by the sexual offender, which shalt ho consistent with the reporting requirements of this sobsectioil. Renagittration shall include any clumps to the following information: 1. Malmo; social security number; age; race; sex; dote of birth; height; weight; hair and or color; address of any permanent residence and edam of any cirront temporary residence, within the state cr out of state, including a rural route address end a post office hot; any Moctronic moll address and any Instant message name required to be provided pursuant to peatgraph (4)(d); date and Seem of any ornploymont; vehicle maim, model, color, and titanic tag number; fingerprints; and photograph. A post office box shall not be provided In lieu of a physical residential addrass. 2. IF the soxual offender is enrolled, employed, or carrying on a vocation at on institution or higher education in this state, the sexual offender shall also provido to the deportment the name, address, and county of oath institution, including oath campus attended, and the sexual offonder's enrollment or employment status. 3. if tho sexual offonder's Saco of residence is a motor vehicle, traitor, mobile home, or manufactured hones, as defined in chapter 320, the sexual offender shalt also provide the vehicle identification number; the ikons° tag number; the, registration !lumbar; and a doscription,including color scheme, of the motor vehicle. trailer, mobile home, or manufactured home. If the sexual offender's place of rosidonco is a vessel, tive.aboard or houseboat, as defined in chapter 327, the sexual offender shall also provide the hull identifiaitton number; the manufacturer's serial number; the num° of the vessel, live-aboard uassoi, or houseboat; the rogistratIon number; and o description, including color schwa, of the venal, live-aboard vosost or houseboat. 4. Any sexual offender whs. fails to roport in person es required at the sheriffs office, or win, falls to rszpond to any address verification correspondence from the department within weeks of eh° date of the correspondent** or who falls to report electronic mall addresser. or Case No. 08-80736-CV-MARRA P-008322 EFTA00190802
JUN-27-2008 FRI 03;37 PM FAX NO. 5618358691 P. 12 Instant ~sap names, ceramics 32 felony of the third doors°, punishable as provided In s. 775.082 s. 775.083 or s, 775.084. (d) The shorifPs effico shell, within 2 wsrldri days, electronically submit and update Information provided by the sexual offendor to the department in a manner prescribed by the department. Case No. 08-80736-CV-MARRA P-008323 EFTA00190803
JUN-27-2008 FRI 03:37 PM FAX NO. 5618358691 P. 13 948.30 Additional terms and conditions of probation or community control for certain sex offenses.—Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section. (1) Effective for probationers or community controtlees whose crime was committed on or after October 1, 1995, and who are placed under supervision for violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court must impose the following conditions in addition to all other standard and special conditions imposed: (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offenders employment precludes the above specified time, and the alternative is recommended by the Department of Corrections. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions. (b) If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate, as prescribed by the court. The 1,000-foot distance shall be measured in a straight line from the offender's place of residence to the nearest boundary line of theichool, day care center, park, playground, or other place where children congregate. The distance may not be measured by a pedestrian route or automobile route. (c) Active participation in and successful completion of a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders, at the probationer's or community controllee's own expense. If a qualified practitioner is not available within a 50- mile radius of the probationer's or community controllee's residence, the offender shall participate in other appropriate therapy. (d) A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court. (e) If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except as provided in this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment. Further, the sex offender must be currently enrolled in or have successfully completed a sex offender therapy program. The court may not grant supervised contact with a child if the contact is not recommended by a qualified practitioner and may deny supervised contact with a child at any time. When considering whether to approve supervised contact with a child, the court must review and consider the following: 1. A risk assessment completed by a qualified practitioner. The qualified practitioner must prepare a written report that must include the findings of the assessment and address each of the following components: a. The sex offender's current legal status; b. The sex offenders history of adult charges with apparent sexual motivation; c. The sex offender's history of adult charges without apparent sexual motivation; Case No. 08-80736-CV-MARRA P-008324 EFTA00190804
JUN-27-2008 FRI 03:37 PM FAX NO. 5618358891 P. 14 d. The sex offender's history of juvenile charges, whenever available; e. The sex offender's offender treatment history, including consultations with the sex offenders treating, or most recent treating, therapist; f. The sex offenders current mental status; g. The sex offender's mental health and substance abuse treatment history as provided by the Department of Corrections; h. The sex offenders personal, social, educational, and work history; i. The results of current psychological testing of the sex offender if determined necessary by the qualified practitioner; j. A description of the proposed contact, including the location, frequency, duration, and supervisory arrangement; k. The child's preference and relative comfort level with the proposed contact, when age appropriate; I. The parent's or legal guardian's preference regarding the proposed contact; and m. The qualified practitioners opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child. The written report of the assessment must be given to the court; 2. A recommendation made as a part of the risk assessment report as to whether supervised contact with the child should be approved; 3. A written consent signed by the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offender's present legal status, past criminal history, and the results of the risk assessment. The court may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact; 4. A safety plan prepared by the qualified practitioner, who provides treatment to the offender, in collaboration with the sex offender, the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, and the child, when age appropriate, which details the acceptable conditions of contact between the sex offender and the child. The safety plan must be reviewed and approved by the court; and 5. Evidence that the child's parent or legal guardian understands the need for and agrees to the safety plan and has agreed to provide, or to designate another adult to provide, constant supervision any time the child is in contact with the offender. The court may not appoint a person to conduct a risk assessment and may not accept a risk assessment from a person who has not demonstrated to the court that he or she has met the requirements of a qualified practitioner as defined in this section. Case No. 08-80736-CV-MARRA P-008325 EFTA00190805
JUN-27-2008 FRI 03:38 PM FAX NO. 5618358691 P. 15 (f) if the victim was under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to, schools, day care centers, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malls. (g) Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offenders deviant behavior pattern. (h) Effective for probationers and community controllees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until the offender's sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offenders accessing or wing the Internet or other computer services. (i) A requirement that the probationer or community controllee must submit a specimen of blood or other approved biological specimen to the Department of Law Enforcement to be registered with the DNA data bank. (j) A requirement that the probationer or community controllee make restitution to the victim, as ordered by the court under s. 775.089, for all necessary medical and related professional services relating to physical, psychiatric, and psychological care. (k) Submission to a warrantless search by the community control or probation officer of the probationer's or community controllee's person, residence, or vehicle. (2) Effective for a probationer or community controllee whose crime was committed on or after October 1, 1997, and who is placed on community control or sex offender probation for a violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any other provision of this section, the court must impose the following conditions of probation or community control: (a) As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examination must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall be paid for by the sex offender. The results of the polygraph examination shall not be used as evidence in court to prove that a violation of community supervision has occurred. (b) Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer. (c) A prohibition against obtaining or using a post office box without the prior approval of the supervising officer. (d) If there was sexual contact, a submission to. at the probationer's or community controllees expense, an HIV test with the results to be released to the victim or the victim's parent or guardian. Case No. 08-80736-CV-MARRA P-008326 EFTA00190806
JUN-27-2008 FRI 03:38 PH FAX NO. 5618358691 P. 16 (e) Electronic monitoring when deemed necessary by the community control or probation officer and his or her supervisor, and ordered by the court at the recommendation of the Department of Corrections. (3) Effective for a probationer or community controllee whose crime was committed on or after September 1, 2005, and who: (a) Is placed on probation or community control for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; (b) Is designated a sexual predator pursuant to s. 775.21; or (c) Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older, the court must order, in addition to any other provision of this section, mandatory electronic monitoring as a condition of the probation or community control supervision. Case No. 08-80736-CV-MARRA P-008327 EFTA00190807
IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 7 Case No. 08-80736-CV-MARRA P-008328 EFTA00190808
of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 Case No. 08-80736-CV-MARRA P-008329 EFTA00190809
Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs I and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 Case No. 08-80736-CV-MARRA P-008330 EFTA00190810
proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 Case No. 08-80736-CV-MARRA P-008331 EFTA00190811
sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Lesley Groff, or Nadia Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 Case No. 08-80736-CV-MARRA P-008332 EFTA00190812
By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. /// /// /// Page 6 of 7 Case No. 08-80736-CV-MARRA P-008333 EFTA00190813
By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 Case No. 08-80736-CV-MARRA P-008334 EFTA00190814
By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. MARIE VILLAFA$A ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: y/2-410 7 Dated: ESQ. dY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 Case No. 08-80736-CV-MARRA P-008335 EFTA00190815
By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. MARIE VTLLAFARA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated:4A IF 0?--- , ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 Case No. 08-80736-CV-MARRA P-008336 EFTA00190816
IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as fol lows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7II. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. Case No. 08-80736- -MARRA P-008337 EFTA00190817
By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby, states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. IL ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. MARIE YILLAFANA ASSISTANT U.S. ATTORNEY Dated: 1.4r13, - Dated: Dated: GERALD LEFC0IIRT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Case No. 08-80736-CV-MARRA P-008338 EFTA00190818
By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: Dated: A. MARIE ViLLAFARA ASSISTANT U.S. ATTORNEY ERALD LEK° RT ESQ. COUNSEL TO JEFFR Y EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Case No. 08-80736-CV-MARRA P-008339 EFTA00190819
By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. MARIE VILLAFAf4A ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY A ANCHEZ, ESQ: ATTORNEY FOR JEFFREY EPSTEIN Case No. 08-80736-CV-MARRA P-008340 EFTA00190820
U.S. Department of Justice United States Attorney Southern District of Florida R. ALEXANDER ACOSTA UNITED STATES ATTORNEY DELIVERY BY FACSIMILE Lilly Ann Sanchez Fowler White Burnett, PA 1395 Brickell Ave, 14th Floor Miami, FL 33131 Re: Jeffrey Epstein Dear Ms. Sanchez: 99 N.E. I Sireei Montt FL 33132 (305) 961.9100 • Telephone (305) 5304444 - Foe-innate December 19, 2007 I write to follow up on the December 14th meeting between defense counsel and the lips • n prosecutors, as well as our First Assistant, the Miami FBI Special A ent in Charge and myscl . 'Section 2255 provides that: lajny person who, while a minor, was a victim of a violation of [enumerated sections of Title l8] and who suffers personal injury as a result of such violation ... may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee." Case No. 08-80736-CV-MARRA P-00834 I EFTA00190821
With this in mind, I have considered defense counsel arguments regarding the Section 2255 portions of the Agreement. As I previously observed, our intent has been to place the victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the intent. During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as! wrote previously, appear far from simple to understand. I would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple fashion. I would replace Paragraphs 7 and 8 with the following language: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." e • 2 Case No. 08-80736-CV-MARRA P-008342 EFTA00190822
Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 3 Case No. 08-80736-CV-MARRA l'-008343 EFTA00190823
Case No. 08-80736-CV-MARRA P-008891M EFTA00190824
EFTA00190825
1 1 2 3 4 5 6 7 8 9 ' IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION STATE OF FLORIDA vs JEFFREY EPSTEIN Defendant. CASE NO. 06 CF9454AMB 08 9381CFAMB • PLEA CONFERENCE 10 11 PRESIDING: HONORABLE DEBORAH DALE PUCILLO 12 APPEARANCES: 13 ON BEHALF OF THE STATE: BARRY E. KRISCHER, ESQUIRE 14 State Attorney 401 North Dixie Highway 15 West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, ESQUIRE 16 Assistant State Attorney 17 ON BEHALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEISS,P.A. 18 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE 20 21 22 CERTIFIED COPY 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 Case No. 08-80736-CV-MARRA P-008892 EFTA00190826
2 1 BE IT REMEMBERED that the following 2 proceedings were had in the above-entitled cause 3 before the HONORABLE DEBORAH DALE PUCILLO, one of 4 the judges of the aforesaid court, at the Palm 5 Beach County Courthouse, located in the City of 6 West Palm Beach, State of Florida on June 20, 2008 7 beginning at 8:40 o'clock, a.m. with appearances 8 as hereinbefore noted, to wit: 9 THEREUPON: 10 MR. GOLDBERGER: Good morning, Judge, 11 Jack Goldberger on behalf of Jeffrey 12 Epstein. 13 THE COURT: Good morning. 14 MR. GOLDBERGER: Your Honor, we are 15 here for a plea conference. 16 THE COURT: Raise your right hand. 17 THEREUPON: 18 JEFFREY EPSTEIN, 19 after being called as a witness by the Defense and 20 after being first duly sworn by the Court, was 21 examined and testified as follows: 22 THE DEFENDANT: Yes, ma'am. 23 THE COURT: Is this one case or two? 24 MS. BELOHLAVEK: Two. 25 THE COURT: May I see the PC PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008893 EFTA00190827
3 1 affidavit in both cases, please? 2 MS. BELOHLAVEK: There are no PC 3 affidavits. There was originally an 4 Indictment, the second charge was filed 5 arising out of the booking. It was all 6 testimony presented to the grand jury. 7 THE COURT: Let me see the Indictment 8 then? 9 I have one Indictment, one 10 Information? 11 MS. BELOHLAVEK: Correct. 12 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 21 22 period apply, of probation. No mandatory minimum is that correct, State? MS. BELOHLAVEK: Correct. 24 9454CF, you are charged with felony 25 solicitation to prostitution, a third PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008894 EFTA00190828
4 1 degree felony, punishable by a maximum 2 penalty of five years in the Department of 3 Corrections, and a minimum, probation. No 4 mandatory minimums, correct? 5 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 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 Case No. 08-80736-CV-MARRA P-008895 EFTA00190829
5 1 client to community control, sex offender 2 3 4 5 status. THE COURT: I understand. Okay. What is proposed -- those 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 or one day served. And tne six month 24 sentence is to be served consecutive to the 25 12 month sentence? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008896 EFTA00190830
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 5 conditions of the community control are 6 attached hereto and incorporated herein. 7 As a special condition of 8 community control, he's to have no 9 unsupervised contact with minors and the 10 supervising adult must be approved -- and I 11 would say, pre-approved, approved ahead of 12 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 Case No. 08-80736-C V-MARRA P-008897 EFTA00190831
7 1 squiggles on the bottom of the page, what 2 would those squiggles be? 3 MR. GOLDBERGER: Thank you, Your 4 Honor, those are my client's signature 5 acknowledging that we have gone over all 6 the conditions. 7 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 THR ❑RPRNfANT• Nigh School 24 THE COURT: That's your highest 25 degree? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008898 EFTA00190832
8 1 THE DEFENDANT: Yes. 2 THE COURT: And is this your 3 signature on the plea sheet that recites 4 the terms of the plea I just read? THE DEFENDANT: Yes, ma'am. 6 THE COURT: Did you read that 7 document as well? 8 THE DEFENDANT: Yes, ma'am. 9 THE COURT: You understand once you 10 do your 12 months followed by your six 11 months all in the Palm Beach County jail 12 you will then be put on community control 13 which involves having an electronic monitor 14 attached to you and -- 15 MR. GOLDBERGER: Actually Your Honor, 16 the agreement of the parties is to, it's 17 community control one which is not monitor. 18 THE COURT: Oh, community control 19 one, is that spelled out in here? 20 MS. BELOHLAVEK: Yes. 21 MR. GOLDBERGER: Yes, it is, Your 22 Honor. 23 MS. BELOHLAVEK: He does not fall 24 under the Jessica Lunsford Act which 25 requires the bracelet. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008899 EFTA00190833
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 MR. GOLDBERGER: That is correct. 6 THE COURT: Now which of the terms 7 and conditions of community control one are 8 you incorporating? 9 MR. GOLDBERGER: I can go through 10 them with Your Honor. 11 THE COURT: None of the them appear 12 to be articulated in the plea sheet which 13 is why I'm asking. 14 MR. GOLDBERGER: These are the 15 standard conditions of community control by 16 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 Case No. 08-80736-CV-MARRA P-008900 EFTA00190834
10 1 probation officer, specified by who? 2 PROBATION OFFICER: Specified 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 how frequently he is to have contact with 8 his parole and probation officer. 9 Confinement to an agreed upon residence 10 during the hours away from employment and 11 public service activity, has that been 12 articulated? 13 MS. BELOHLAVEK: I believe 14 Judge McSorley has a standard order 15 somewhere on the bench up there regarding 16 this, I'm told by the prosecutor. 17 MS. LENHARDT: Judge, usually this is 18 the probation sheet she hands out to folks. 19 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 Case No. 08-80736-CV-MARRA P-008901 EFTA00190835
11 1 2 3 4 5 6 8 9 10 11 12 13 MS. BELOHLAVEK: I didn't realize 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 -- we overreacted by just having him sign off on all conditions of community control. THE COURT: Well, this is -- MR. GOLDBERGER: Perhaps the better practice would be -- THE COURT: This is, the reason Judge McSorley does this which makes ultimate sense is we're going to be here 14 half the morning if we're going to decide 15 among ourselves now what the -- 16 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 21 22 23 24 that right now if you could give us a few minutes. THE COURT: All right. These are the standard conditions that Judge McSorley normally uses. If you 25 like them, you need to circle the ones that PHYLLIS A. DAMES OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008902 EFTA00190836
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 Case No. 08-80736-CV-MARRA P-008903 EFTA00190837
13 1 (Brief recess.) 2 MR. GOLDBERGER: Your Honor, we are 3 back on Jeffrey Epstein, actually it 4 worked, we had an opportunity to go through 5 Judge McSorley's conditions of community 6 control and we asked the Department of 7 Corrections representative to assist us to 8 9 10 11 12 13 make sure we did everything properly. They were very helpful and we executed the document. MS. BELOHLAVEK: Yes, and Your Honor, this defendant doesn't fall under the sex offender probation but we have included 14 special sex offender conditions as part of 15 the community control and they are all 16 circled there. 17 THE COURT: The plea agreement stated 18 the defendant is designated as a sexual 19 offender pursuant to Florida Statute 20 942.035. 21 MS. BELOHLAVEK: Correct. But the 22 sex offender probation, the statute is - Aiffaranf and only 24 offenses and this one was not enumerated. 25 THE COURT: Okay. I want to make PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008904 EFTA00190838
14 1 sure both I and the defendant are clear. 2 The sexual offender statute you are 3 referring to in the plea sheet is the one 4 that requires registration? 5 MS. BELOHLAVEK: Correct. 6 MR. GOLDBERGER: Correct. 7 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 Case No. 08-80736-CV-MARRA P-008905 EFTA00190839
15 1 conditions, A, you will remain confined to 2 your residence except one half hour before 3 and after your approved employment, 4 5 6 community service work or any other activity approved by your probation officer. 7 B, you will maintain an hourly 8 accounting of all your activities on a 9 daily log which you will submit to your 10 supervising officer upon request. 11 12 13 My understanding about the daily log, maybe I'm just confused from other cases I've heard, is the daily log is a 14 weekly log, I guess it is submitted ahead 15 of time, is that correct? 16 PROBATION OFFICER: That is correct, 1? 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 71 that will he rg.cordad 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 Case No. 08-80736-CV-MARRA P-008906 EFTA00190840
16 1 PROBATION OFFICER: That is correct, 2 Your Honor. 3 THE COURT: As will his supervising 4 probation officer. And then to document 5 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 E? 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 Case No. 08-80736-CV-MARRA P-008907 EFTA00190841
17 1 THE COURT: That's a private 2 residence? 3 MR. GOLDBERGER: That is his home. 4 THE COURT: Does he own the 5 residence? 6 MR. GOLDBERGER: He does, Your Honor. 7 THE COURT: Is there any possibility 8 that he no longer owns the residence? 9 MR. GOLDBERGER: Not anticipated, 10 Your Honor. 11 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 hpfnrp hp 24 walks out of the Palm Beach County jail and 25 verify his address and employment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008908 EFTA00190842
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 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008909 EFTA00190843
19 1 2 3 4 5 6 a.m., is that correct? MS. BELOHLAVEK: Yes. THE COURT: If the victim was under age of 18 years which I gather is the case because it's circled, you shall not live within 1000 feet of a school, day care 7 center, park, playground or other place 8 where children regularly congregate. 9 Has 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 THE (-OURS- The Cenrt knowc 358 Cl 24 Brillo Way is a residential neighborhood, 25 are there areas there where children PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008910 EFTA00190844
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 Case No. 08-80736-CV-MARRA P-008911 EFTA00190845
21 1 2 3 4 5 6 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 DEFENDANT: Yes, ma'am 8 THE COURT: And then it states, 9 unless approved by the victim, the 10 therapist and the sentencing court. Okay. 11 THE DEFENDANT: I understand. 12 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. 18 THE COURT: If the victim was under 19 the age of 18, which was the case, you 20 shall not until you have successfully 21 attended and completed the sex offender 22 program. So, is this sex offender program 24 MS. BELOHLAVEK: That is not. I 25 don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008912 EFTA00190846
22 1 THE COURT: You did. 2 MR. GOLDBERGER: That's a mistake on 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 MD 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 Case No. 08-80736-CV-MARRA P-008913 EFTA00190847
23 1 with some fancy private psychiatrist or 2 psychologist in his case is okay? 3 MS. BELOHLAVEK: That is correct. 4 THE COURT: So you are not imposing S 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 place where children regularly congregate, 12 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 20 21 22 4-3 THE COURT: Here in Palm County? THE DEFENDANT: Virgin Islands, ma'am. Beach 24 not travel from Palm Beach County for the 25 duration of this? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008914 EFTA00190848
24 1 THE DEFENDANT: Yes, ma'am. 2 MR. GOLDBERGER: Your Honor, I'm 3 sorry to interrupt, we do cover the 4 employment later in the agreement as to what he is going to be doing during the one 6 year that he is on community control. 7 THE COURT: Okay. And let me -- 8 condition G, which is circled, unless 9 otherwise indicated in the treatment plan 10 provided by sexual offender treatment 11 program. 12 MR. GOLDBERGER: That's not in there. 13 THE COURT: Is that what you want? 14 MS. BELOHLAVEK: No. 15 THE COURT: But you do want the, you 16 will not view, own or possess any obscene 17 pornographic -- 18 MS. BELOHLAVEK: Correct. 19 THE COURT: Okay. But are you saying 20 that this therapist can okay him to own 21 certain pornographic material? 22 MS. BELOHLAVEK: No, not at all. 23 MR. GOLDBERGER: No, Your Honor. 24 THE COURT: Would be really helpful 25 if people read these things before they PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008915 EFTA00190849
25 1 signed them thoroughly. 2 Unless otherwise indicated in the 3 treatment plan. I'm just going to strike 4 out, provided by the sexual offender 5 treatment program. Is that what you 6 intend, that his therapist can -- 7 MS. BELOHLAVEK: No. 8 THE COURT: No? 9 MS. BELOHLAVEK: No. 10 THE COURT: Unless otherwise 11 indicated. 12 MR. GOLDBERGER: The parties have 13 agreed that during the period that he is 14 cannot be -- 15 THE COURT: Condition G will now 16 read, you shall not view, own, possess any 17 obscene, pornographic or sexually 18 stimulating visual or auditory material 19 including telephonic, electronic media, 20 computer program or computer services that 21 are relevant to your deviant behavior 22 pattern. And who is going to enforce that? 23 MC. DCLOHLAVEK. The co u.ity 24 control officer. 25 THE COURT: How? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008916 EFTA00190850
26 1 MS. BELOHLAVEK: They have the 2 obligation and included in there for 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 PROBATION OFFICER: Yes, ma'am. 9 THE COURT: Since we have the 10 pleasure of having someone from the 11 Department of Corrections here. 12 Okay. H, you shall submit two 13 specimens of blood to the Florida 14 Department of Law Enforcement to be 15 registered in the DNA data bank. 16 J, you shall submit to a 17 warrantless search by your probation 18 officer or community control officer of 19 your person, residence or vehicle. 20 G -- where is the G?• 21 MS. BELOHLAVEK: That was under the 22 original part, not under the sex offender 23 one. 24 THE COURT: Okay. Defendant to have 25 contact with the community control officer PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008917 EFTA00190851
27 1 at a minimum one time a week. 2 Defendant to work at Florida 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 that will be doing charitable work. 9 THE COURT: That he has formed? 10 11 12 13 14 15 16 17 18 19 20 21 22 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 24 THE COURT: What is your position 25 with the organization? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008918 EFTA00190852
28 1 THE DEFENDANT: President. 2 THE COURT: Is there a board of 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 Case No. 08-80736-CV-MARRA P-008919 EFTA00190853
29 1 basis with what they have been given money 2 to do. 3 4 5 6 7 8 9 10 11 12 THE COURT: Who are some recent grantees? THE DEFENDANT: Harvard University. There is a full program of Evolutionary Dynamics, Neuro Science Institute of California, the Physics Institute, MIT. THE COURT: Do you ever have occasion to deal with anyone under the age of eighteen? 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? THE LitrbNuANA: No, ma'am. 24 THE COURT: Students or teachers? 25 THE DEFENDANT: No, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008920 EFTA00190854
30 1 THE COURT: Okay. 2 MS. BELOHLAVEK: Those 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 9 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 Case No. 08-80736-CV-MARRA P-008921 EFTA00190855
31 1 be done within 48 hours? 2 You shall not obtain or use a post 3 4 5 6 office box without prior approval of the supervising officer. Okay. Are all those conditions you two have agreed to? 7 MS. BELOHLAVEK: Yes, Your Honor. 8 MR. GOLDBERGER: With the court's 9 10 11 12 13 14 amendments, yes. THE COURT: Mr. Epstein, do you understand? THE DEFENDANT: Yes, ma'am. THE COURT: I need the defendant to sign number D where I had an s added to 15 victim, and G, we struck out the otherwise 16 indicated language. Otherwise, it is as 17 you agreed. 18 Mr. Epstein, do you understand 19 this is a somewhat complicated terms of the 20 plea that you've agreed to? 21 THE DEFENDANT: Yes, ma'am 22 THE COURT: Do you have any questions 23 about the terms of the plea? 24 THE DEFENDANT: No. 25 THE COURT: Can I ask the State why PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008922 EFTA00190856
32 1 you choose -- or defense and the State 2 together, why twelve months in the Palm 3 Beach County jail followed by six months? 4 Why not just send him to DOC? 5 MR. GOLDBERGER: It was the agreement 6 of the parties, Your Honor. We just 7 decided that was the best way to accomplish 8 what needed to be done here and the parties 9 agreed that that sentence satisfied 10 everyone's requirements. 11 THE COURT: The taxpayers of Palm 12 Beach County is going to pay 18 months to 13 house this guy instead of DOC? 14 MS. BELOHLAVEK: Right. 15 THE COURT: You understand we're 16 losing positions left and right in county 17 government because we haven't got enough 18 money but you want -- okay. 19 His requirement to register there 20 is many, many -- there is nine pages 21 outlining the sexual offender's 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 Case No. 08-80736-CV-MARRA P-008923 EFTA00190857
33 1 THE COURT: Do you understand you 2 will be required to register and this will 3 4 5 6 7 8 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? 24 MR. GOLDBERGER: Right. L. 25 THE COURT: What you are telling him PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008924 EFTA00190858
34 1 he has to do is the official State of 2 Florida registration? 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 Case No. 08-80736-CV-MARRA P-008925 EFTA00190859
35 1 THE COURT: And if my experience the 2 last few months is of any value, they are 3 very serious about enforcing this. They 4 will be tracking you for the rest of your 5 life. Do not move. Do not go -- I don't 6 care when you are done with community 7 control, they need to know exactly where 8 you are and if you go anywhere without 9 10 11 12 13 14 15 16 17 18 19 20 21 22 registering, they will find and you will be locked up. THE DEFENDANT: Yes, ma'am. THE COURT: Okay. Any questions about that? THE DEFENDANT: No, ma'am. THE COURT: Did you read the plea in the circuit court form that describes all the rights you are giving up by entering this plea? THE DEFENDANT: Yes, ma'am. THE COURT: I think I asked you before, can you read? THE DEFENDANT: Yes. THE COURT. A e yuu under ltie 24 influence of alcohol, drugs or medication 25 today? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MAltRA P-008926 EFTA00190860
36 1 THE DEFENDANT: No, ma'am. 2 THE COURT: Normally taking any 3 prescribed medication? 4 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 right to confront and cross examine, do you 14 understand you have a right to call 15 witnesses of your own and the court would 16 issue subpoenas to compel their attendance 17 just like any other witness called by the 18 State, that you have the right -- absolute 19 right to remain silent and that you would 20 not have to say or do anything at the trial 21 if there were a trial, do you understand 22 those rights? 23 THE DEFENDANT: Yes, ma'am. 24 THE COURT: Do you understand if you 25 are not a United States citizen your plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008927 EFTA00190861
37 1 could subject you to deportation pursuant 2 to the laws and regulations governing the 3 United States Immigration and 4 Naturalization Service and this court has 5 6 7 8 no jurisdiction or authority in such matters, do you understand that? THE DEFENDANT: Yes. THE COURT: Has anybody threatened 9 you, coerced you or promised you anything 10 11 12 13 14 15 16 other than the terms of this plea to get you to enter this plea? THE DEFENDANT: No. THE COURT: Do you understand this is a plea in criminal court? THE DEFENDANT: Yes, ma'am. 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 mtses cc Lc1JLcSCuCaliwm by 24 any civil attorneys or other jurisdictions? 25 MR. GOLDBERGER: May we come sidebar PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case No. 08-80736-CV-MARRA P-008928 EFTA00190862
38 1 on that, Your Honor? 2 THE COURT: It is going to be 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 Case No. 08-80736-CV-MARRA P-008929 EFTA00190863

























