Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 1 of 17 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO. 2, CASE NO.: 08-CV-80119-MARRA/JOHNSON Plaintiff, VS. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 3, CASE NO.: 08-CV-80232-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 4, CASE NO.: 08-CV-80380-MARRA/JOHNSON Plaintiff, VS. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 5, CASE NO.: 08-CV-80381-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. EFTA00185206

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 2 of 17 JANE DOE NO. 6, CASE NO.: 08-CV-80994-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 7, CASE NO.: 08-CV-80993-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. C.M.A., Plaintiff, VS. JEFFREY EPSTEIN, Defendant. CASE NO.: 08-CV-808 I I -MARRA/JOHNSON JANE DOE, Plaintiff, vs. JEFFREY EPSTEIN et al, Defendants. CASE NO.: 08-CV-80893-MARRA/JOHNSON -2- EFTA00185207

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 3 of 17 DOE II, Plaintiff, vs. JEFFREY EPSTEIN et al, Defendants. CASE NO.: 09-C V-80469-MARRA/JOHNSON JANE DOE NO. 101, CASE NO.: 09-CV-80591-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 102 CASE NO.: 09-CV-80656-MARRA/JOHNSON Plaintiff, VS. JEFFREY EPSTEIN, Defendant. UNITED STATES' RESPONSE TO COURT'S ORDER REOUESTING POSITION ON DEFENDANT'S MOTION TO STAY [DE 991 Comes now the United States, by and through the undersigned Assistant United States Attorney, and files this response to the Court's Order requesting the position of the United States on Defendant Jeffrey Epstein's Motion to Stay Proceedings [DE 99]. For the reasons set forth below, it is the United States' position that a stay of the proceedings is not necessary and was not contemplated by the Non-Prosecution Agreement between the United States and Defendant Jeffrey Epstein. -3- EFTA00185208

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 4 of 17 ISSUE PRESENTED The United States is not a party to these lawsuits and, accordingly, is not fully aware of the scope of the proceedings, the range of arguments presented by counsel, and any correspondence or oral communications between the parties in these civil suits. Based on the information presented by the Court and a review of Defendant Jeffrey Epstein's Motion to Stay and/or Continue Action for Time Certain Based on Parallel Civil and Criminal Proceedings with Incorporated Memorandum of Law (Court File No. 08-CV-80811- MARRA/JOHNSON DE SI-I), and responses thereto filed by various plaintiffs in their suits, the undersigned understands that the Court has requested the position of the United States on the following issue: Are there "special circumstances" that require the imposition of a stay of the civil proceedings in the "interests of justice" until the "expiration" of the Non- Prosecution Agreement ["NPA"] between the United States and Epstein? By filing this response, the United States does not make itself a party to this litigation and takes no position with respect to the outcome of any of the civil suits; nor does the United States take any position regarding Defendant Epstein's performance of hi s obligations pursuant to the NPA. The United States also declines to comment on Defendant Epstein's representations regarding past allegations of violations of the NPA by Epstein. The United States files this response solely as amicus curiae at the Court's request and does not waive any procedural or statutory bars to suit. -4- EFTA00185209

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 5 of 17 I. STANDARD FOR IMPOSING A DISCRETIONARY STAY A. The Defendant Must Show that the Assertion of His Fifth Amendment Privilege Against Self-Incrimination Would Automatically Result in the Entry of Summary Judgment Against Him. "The decision whether or not to stay civil litigation in deference to parallel criminal proceedings is discretionary.... A movant must carry a heavy burden to succeed in such an endeavor." Microfinancial, Inc.. Premier Holidays Internal?, Inc., 385 F.3d 72, 77 (1st Cir. 2004) (citations omitted). When a defendant facing possible criminal liability invokes his Fifth Amendment right against compelled self-incrimination in connection with civil litigation, a court can stay discovery or the entire civil case. Diaz'. Jenne, 2007 WL 624286 al (S.D. Fl. Feb. 23, 2007) (Cooke, J.). "However, 'the Constitution does not require a stay of civil proceedings pending the outcome of related criminal proceedings. Forcing an individual to risk non-criminal disadvantage by remaining silent for fear of self incrimination in a parallel criminal proceeding does not rise to the level of an unconstitutional infringement.'" Id. (quoting Shell Oil Co.'. Alan° Assocs., Inc., 866 F. Supp. 536, 540 (M.D. Fl. 1994)). As this Court has previously explained: The law regardii stays of civil actions is well-settled in the Eleventh Circuit. In United States Lot 5, Fox Grove, Alachua County, Fla, 23 F.3d 359, 363- 65 (11th Cir. 1994) ("Lot 5"), the Court articulated the following principles of law with respect to a stay of a civil action pending resolution of a related criminal action: [A] blanket assertion of the privilege is an inadequate basis for the issuance of a stay. Rather, a court must stay a civil -5- EFTA00185210

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 6 of 17 proceeding pending resolution of a related criminal prosecution only when "special circumstances" so require in the "interests ofjustice." The court may deny a stay so long as the privilege's invocation does not compel an adverse judgment against the claimant. • • • Mhe standard set by the Eleventh Circuit as to when a stay should be granted to prevent unconstitutional infringement is more narrow. The law in the Eleventh Circuit requires consideration of whether, as a result of invoking the privilege, the defendant faces certain loss of the civil proceeding on summary judgment if the civil proceeding were to continue. Lot 5, 23 F.3d at 364; Pervis I. State Farm Fire & Casualty Co., 901 F.2d 944 (1 I th Cir. 1990). Under this standard, Movants must show that invocation of the privilege in the instant matter will result in certain loss by automatic summary judgment. United States'. Two Parcels of Real Property, 92 F.3d 1123, 1129 (11th Cir. 1996); Pervis, 901 F.2d at 946-47. This must be an actual adverse judgment, and not "merely the loss of the defendant's most `effective defense."' Securities & Exchange Comm.'. Incendy, 936 F. Supp. at 955 (S.D. Fl. 1996); Shell Oil Co., 866 F. Supp. at 540-41. Court-Appointed Receiver of Lancer Mgt. Group LLCI. Lauer, 2009 WL 800144 (S.D. Fl. Mar. 25, 2009) (Marra, J.). Thus, before reaching the relative benefit and prejudice to each of the parties caused by staying the cases, the Court must determine whether, if defendant Epstein were to invoke his Fifth Amendment right against self-incrimination' and the Court were to allow an adverse inference to be drawn therefrom, an adverse judgment against Epstein would be automatically compelled. The United States respectfully submits that it would not. 'It appears from a brief review of some of' Epstein's discovery responses that Epstein has made a blanket assertion of the privilege. For example, Epstein has asserted his Fifth Amendment privilege in response to a plaintiff's request to produce the NPA and the United States' list of identified victims although these documents were provided to Epstein by the United States. -6- EFTA00185211

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 7 of 17 From a review of the Complaints filed by the plaintiffs in these cases, it appears that some have filed claims based upon Title 18, United States Code, Section 2255, some have filed claims based upon common law torts, and some have filed a combination of the two. Under general principles of tort law, a plaintiff is required to prove: (1) that the defendant committed a bad act; (2) that the plaintiff suffered damages; and (3) that the damages were caused by the defendant's bad act. To succeed on a claim under 18 U.S.C. § 2255, a plaintiff must show: (1) that the plaintiff is a person who, while a minor, was a victim of an enumerated offense committed by the defendant; (2) that the person suffered personal injury as a result of that violation; and (3) the amount of damages she sustained. Epstein's assertion of his Fifth Amendment privilege could result in the drawing of a negative inference only as to the first element under both of these claims. Therefore, to succeed on summary judgment (or at trial), the plaintiffs would still have to prove that they suffered personal injury/damages as a result of the defendant's bad act. CI In re Financial Federated Title & Trust, Inc., 252 B.R. 834, 838 (S.D. Fl. Bank. Ct. 2000) (Stay not warranted in bankruptcy proceeding where criminal indictment was pending because negative inference related only to defendant's receipt of allegedly fraudulent transfers, but "Trustee must still cant' the burden of proving all of the elements of his complaint for fraudulent transfers ... includ[ing] fraudulent intent, insolvency, and financial condition at the time of the transfers to the Defendants."). While Epstein may believe that his arguments and proof as to the first element are his "most effective defense," that alone is insufficient to warrant the imposition of a stay of the -7- EFTA00185212

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 8 of 17 litigation. There are two other items for the Court to consider in deciding this issue. First, pursuant to the terms of the NPA, as to those victims identified by the United States, Epstein has already made a concession that they are victims of an enumerated offense committed by Epstein. Thus, this inference is drawn not due to his invocation of the right against self- incrimination but due to his entry into a contractual agreement with the United States for which the identified victims are third-party beneficiaries? Second, in Lot 5, the Eleventh Circuit pointed out the wealth of evidence other than the defendant's testimony that could be used to defeat a liability claim. See Lot 5, 23 F.3d at 364 ("Thus, Claimant's assertion that only her own testimony could vindicate her is groundless; other participants to the illegal acts that gave rise to the forfeiture were available to testify at trial. Claimant's failure to indicate with precision why she did not use other parties' testimony to substantiate her defense was fatal."). For example, Epstein could mount a defense using effective cross-examination, telephone records, travel records, documents within the possession of the plaintiffs or third parties, and/or the testimony of third parties to rebut the plaintiffs' proof. 2The United States notes that it is not aware of the identities of all of the plaintiffs in the civil suits. To the extent that any are not "identified victims" under the NPA, this contractual provision would not apply. -8- EFTA00185213

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 9 of 17 B. Additional Factors to Consider in Balancing the Prejudice to the Parties If the Court is persuaded that the negative inference drawn from Epstein's assertion of his Fifth Amendment privilege would result in an automatic grant of summary judgment in favor of the plaintiffs, then the Court must engage in a balancing of equities in determining whether there are "special circumstances" warranting the imposition of a stay "'to prevent a party from suffering substantial and irreparable prejudice."' Securites and Exchange Comm in t. Incendy, 936 F. Supp. 952, 956 (S.D. Fl. 1996) (quoting S.E.C.I. First Financial Group of Texas, Inc., 659 F.2d 660, 668 (5th Cir. 1981) (add'I citations omitted). Examples of "special circumstances" provided by the Supreme Court in [United States'. Kordel] are: (I) if the Government brought the civil action solely to obtain evidence for its criminal prosecution, (2) if the Government failed to advise the defendant in the civil proceeding that it contemplates his criminal prosecution; (3) if the defendant is without counsel or reasonably fears prejudice from adverse pretrial publicity or other unfair injury; or (4) any other special circumstances indicating unconstitutionality or even impropriety. Incendy at 956 (citing United States' Kordel, 397 U.S. I, 11 (1970)). See also Securities and Exchange Comm'nl. Wright, 261 Fed. Appx. 259, 263 (11th Cir. 2008) ("[N]o 'special circumstances' existed in this case warranting a stay, as there is no record evidence suggesting the Government had brought the civil case solely to obtain evidence for the criminal prosecution or that the criminal case against [defendant] was unconstitutional or inappropriately instituted."). No "special circumstances" exist here. First, unlike Wright and Incendy, the United States Government is not a party to the civil litigation. Each suit is brought on behalf of an -9- EFTA00185214

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 10 of 17 individual plaintiff represented by private counsel. Some of those plaintiffs are adverse to the United States and have filed suit against the Government based upon its handling of the criminal case against Epstein. (See In re Jane Doe Litigation, Court File No. 08-80736-Cil- Marra.) There has been no allegation, and certainly no showing, that the civil litigation is a ruse to obtain discovery on behalf of the criminal investigation. As some of the plaintiffs have mentioned, one purpose of the NPA was to place the identified victims in the same position where they would have been if Epstein had been convicted after trial of an offense enumerated in .18 U.S.C. § 2255. (See, e.g., Court File No. 08-CV-80119 DE 49-2.) If Epstein had proceeded to trial and been convicted, those victims would have been entitled to restitution and to file suit pursuant to 18 U.S.C. § 2255, and would have been entitled to the same sorts of discovery that they now seek. None of the plaintiffs has contacted the United States about passing on materials gathered through discovery to any criminal investigators or about seeking discovery that would be relevant only to the criminal proceedings, rather than to their individual cases. If Epstein has legitimate concerns that the civil discovery process is being abused in some way, he can ask the Court for a protective order limiting the scope of discovery or its distribution. Furthermore, if at some time in the future, Epstein were the subject of a criminal indictment and he alleged that the evidence to be used against him was gathered improperly, he could file a motion to suppress or to dismiss the indictment in that criminal action. See, e.g., United States, ex. rel. Westrickl. Second Chance, 2007 WL 1020808 '4 (D.D.C. Mar. 31, 2007) (Defendant in civil False Claims Act suit moved to stay civil action pending criminal -10- EFTA00185215

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 11 of 17 investigation where no indictment had been returned. The district court denied the motion, noting that while "allowing civil discovery to proceed may afford the government [who was the real party in interest in the civil case] the opportunity to gain evidence that it may not be entitled to under the more restrictive criminal discovery rules, if and when discovery becomes necessary, protective orders and other remedial measures may be taken.") (citations omitted). By entering into the NPA, with its explicit discussion of 18 U.S.C. § 2255, Epstein acknowledged that the United States was trying to protect the victims' rights to restitution and that civil claims would likely follow. Epstein did not bargain for a stay of those proceedings. Instead, both parties received benefits and gave consideration for the bargain that was struck —while Epstein is faced with answering discovery requests that he would not face during criminal proceedings, he also is entitled to the identification of and extensive discovery from the victims, which he would not have received in the criminal case. Based upon a review of the discovery requests he has promulgated thus far, it appears that Epstein is taking full advantage of this benefit and if a criminal case were ever filed, he would, no doubt, seek to use that information in his defense.3 3With respect to the other "special circumstances" mentioned in Incendy, the government obviously advised Epstein of the potential for criminal charges, and that knowledge led to the negotiation of the NPA. Epstein also has a number of attorneys listed on the Service List for the civil cases and has retained a similarly large number of attomeys to handle the criminal investigation and negotiation of the NPA. Epstein alleges a fear of adverse publicity, but as the plaintiffs have pointed out, during the course of the state and federal criminal investigations, Epstein's personal publicist distributed stories to the press impugning the credibility of the victims and other witnesses and averring that the victims' allegations of abuse were made solely to extract money from the defendant. In the context of some of the civil suits currently pending, Epstein has asked the Court -11- EFTA00185216

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 12 of 17 Unlike Wright and Incendy, Epstein also has not been criminally indicted. In some districts, this alone is virtually dispositive. See, e.g., Sterling Nall Bank'. A-I Hotels Internal 7, 175 F. Supp. 2d 573, 576-77 (S.D.N.Y. 2001) ("district courts in this Circuit 'generally grant the extraordinary remedy of a stay only after the defendant seeking a stay has been indicted.'" (quoting Citibank, N.A. Hakim, 1993 WL 481335 *1 (S.D.N.Y. Nov. 18, 1993) (add'I citations omitted). As one court explained: the consensus that a party seeking a stay bears a heavier burden when he has not yet been indicted derives logically from the balancing test set out by the courts of appeals that have considered the question. When a defendant has been indicted, his situation is particularly dangerous, and takes a certain priority, for the risk to his liberty, the importance of safeguarding his constitutional rights, and even the strain on his resources and attention that makes defending satellite civil litigation particularly difficult, all weigh in favor of his interest. Moreover, if the potential prejudice to the defendant is particularly high post-indictment, the prejudice to the plaintiff of staying proceedings is somewhat reduced, since the criminal litigation has reached a crisis that will lead to a reasonably speedy resolution. Furthermore, at that stage in the criminal proceeding, the contours of the indictment will provide the Court with a reasonable basis for determining the extent of the threat to the defendant's Fifth Amendment rights, and the likely extent and timing of the criminal litigation. Pre-indictment, these factors must be balanced significantly differently. Though many of the same risks to the civil defendant are present, the dangers are at least somewhat more remote, and it is inherently unclear to the Court just how much the unindicted defendant really has to fear. Conversely, the delay imposed on the plaintiff is potentially indefinite. There is no telling how complicated the government's investigation may be, whether the allegations of the particular civil plaintiff are merely the tip of an iceberg that will result in a lengthy and open-ended investigation, what priority the government assigns to the investigation, whether it will result in charges that will have to to unseal the victims' names so that he may make use similar press efforts to impugn their credibility. -12- EFTA00185217

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 13 of 17 be litigated, or how time-consuming the resulting criminal case will be. Under these circumstances, the likelihood that a civil party can make the necessary showing to obtain the "extraordinary" remedy of a stay is inevitably much reduced. Sterling Nat'l Bank, 175 F. Supp. 2d at 577 (internal citations omitted). The First Circuit has noted that the decision whether to grant a stay "is highly nuanced ... [and] involves competing interests. Balancing these interests is a situation-specific task, and an inquiring court must take a careful look at the idiosyncratic circumstances of the case before it." Microfinancial, supra, 385 F.3d at 78. Epstein's case is more idiosyncratic than most. As the Court aptly noted in its Order denying Epstein's first motion to stay the civil proceedings, Epstein has not been indicted and there are no criminal proceedings pending against him.' The resurrection of criminal proceedings against Epstein lies entirely within Epstein's own hands, by performing or not performing under the terms of the NPA. This tips the balance of equities even further in favor of the plaintiffs. Epstein makes allegations that the U.S. Attorney's Office has unfettered discretion in determining breaches of the NPA, but this is no different than in any contractual setting. If one party believes that there has been a breach, it may seek the remedy set forth in the contract. If the other party believes that 'Epstein points to provisions requiring him to maintain certain evidence "inviolate" as proof that the grand jury investigation is still active. These provisions are meant only to insure that easily destroyed evidence identified through the investigation, such as computer equipment, that is still in Epstein's control, will still be available to investigators if Epstein does, in fact, breach the NPA. Epstein is well aware that litigation concerning those matters have been removed from the Court's docket, at the insistence of the United States, because it fully halted its investigation in accordance with the terms of the NPA. -13- EFTA00185218

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 14 of 17 there has been no breach, it has a remedy at law or equity. In this situation, Epstein would be entitled to seek dismissal of the indictment. See United States. Beeks, 167 Fed. Appx 777 (1 I th Cir. 2006); United States. Diaz, 138 Fed. Appx. 965 (9th Cir. 2005); United States'. Davis, 393 F.3d 540 (5th Cir. 2004). Epstein argues that because he is seeking a finite period of delay - until the time that he asserts that the NPA "expires" — and that, thereafter, he will promptly provide full and complete responses to all discovery, the harm to the plaintiffs is de minimis. With all respect, this overlooks a number of obvious issues. First, if a stay is imposed until Epstein's proposed "expiration date," it affords Epstein one of two incentives: (a) to delay any intended breach until a time when he believes that the United States has no remedy and then to breach the agreement with impunity (Le, to use the NPA as a shield and a sword); or (b) to delay the civil litigation as long as possible (until shortly before the "expiration" of the NPA), and then, after criminal charges have been filed, to seek a mandatory stay of the civil cases until the criminal case is resolved. Thus, contrary to the assertions of Epstein, the delay is not limited but, instead, is "potentially indefinite," as Sterling Bank warns. If the U.S. Attorney's Office were to proceed criminally, the litigation would likely be very lengthy, and would result in an even greater delay to the plaintiffs? 'The United States also notes that this finite termination to Epstein's exposure to potential criminal consequences is illusory. The NPA addresses only certain victims identified during the course of the government's investigation. To the extent that any of the plaintiffs who have already filed suit against Epstein do not fall within that group, the NPA does not address potential charges based upon crimes committed against them. The NPA also does not bind any other state or federal prosecutor from pursuing charges for criminal acts committed within their jurisdiction(s). The federal statute of limitations for offenses against children is ten years or the life of the child, -14- EFTA00185219

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 15 of 17 The factors to consider include: "(i) the interests of the civil plaintiff in proceeding expeditiously with the civil litigation, including the avoidance of any prejudice to the plaintiff should a delay transpire; (ii) the hardship to the defendant, including the burden placed upon him should the cases go forward in tandem; (iii) the convenience of both the civil and criminal courts; (iv) the interests of third parties; .. . (I) the public interest[;] (vi) the good faith of the litigants (or the absence of it) and (vii) the status of the cases." Microfinancial, 385 F.3d at 78 (citations omitted). In considering those factors, the United States respectfully recommends to the Court that all of the factors weigh against a stay. In making its decision, the Court should consider that, unlike all of the cases cited herein, Epstein seeks to stay not one suit involving a single plaintiff, but more than a dozen suits filed by individual plaintiffs. Each of those plaintiffs, in turn, impliedly asserts that she is a "crime victim" with the "right to full and timely restitution" and the "right to proceedings free from unreasonable delay." 18 U.S.C. § 3771(aX6) & (7). As noted above, one of the purposes of the NPA was to provide these rights to victims identified in the Government's investigation. Thus, this factor weighs more heavily for the plaintiffs than in the average civil dispute as it embodies both the plaintiffs' and the public's interests. The victims who were identified in the government investigation, by and large, were without financial assets and had significant counseling needs that could whichever is longer. 18 U.S.C. § 3283. Thus, for Epstein (or any other person accused of sexually abusing children) to "wait out" any chance of criminal liability, the court would have to stay civil litigation until all of the plaintiffs have died. -I5- EFTA00185220

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 16 of 17 be remedied through obtaining restitution from Epstein. In addition to those needs, they have legitimate concerns about memories fading, witnesses becoming unavailable, and dissipation of Epstein's assets while the matter is stayed. On the other hand, while the potential harm to the defendant normally weighs in the defendant's favor, in this case, Epstein has significant control over whether the criminal investigation remains in abeyance and whether criminal charges are ever filed. CONCLUSION In accordance with the Court's Order, the United States hereby submits that it is not aware of any "special circumstances" that warrant staying all of the civil cases pending the "expiration" of the NPA. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ssistant United States Attorne 500 East Broward Boulevard, 7th Floor Ft. Lauderdale, FL 33394 Telephone: Facsimile: -16- EFTA00185221

Case 9:09-cv-80656-KAM Document 21 Entered on FLSD Docket 05/29/2009 Page 17 of 17 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 28, 2009, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. According to the Court's website, counsel for all parties are able to receive notice via the CM/ECF system. ssistant United States Attorney _17_ EFTA00185222

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 W t 1 ch, FL 33401 Facsimile: January 24, 2007 DELIVERY BY HAND James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: Federal Grand Jury Subpoena Dear Jim: A new grand jury has been emaLlsed and I have enclosed a new subpoena for= As I mentioned earlier, Ms.M is not a target of this investigation and the United States seeks her testimony solely as a victim/witness. During our last conversation regarding Ms. =, you indicated that she was unwilling to speak with us pursuant to a Kastigar letter and that she also was unwilling to speak with the grand jury and intends to invoke the Fifth Amendment if questioned. Please confer with her to confirm whether this remains her position. If it is, please advise in writing. Even if Ms. is inclined to invoke her Fifth Amendment rights, she must still appear pursuant to the subpoena so that I may ask her questions that would not require the invocation of the Fifth Amendment. If she still invokes, I intend to move to compel her answers. If you or your client is unavailable on February 6, 2007, please let me know of another Tuesday when you are available. I also am concerned about a potential conflict of interest in your representation of Ms. . In case of future litigation regarding this issue, please provide me with I *All tion regarding who is paying (directly or indirectly) for your services on behalf of Ms. , the scope of your representation and whether you are taking direction on this matter from anyone other than Ms. =. If any formal or informal joint defense agreements exist, whether in writing or otherwise, please provide a copy of such agreements. If the agreement is purely oral, please provide a written summary of its terms. GOVERNMENT EXHIBIT EFTA00185223

JAMES EISENBERG, ESQ. JANUARY 24, 2007 PAGE 2 I look forward to your response. Sincerely, R. Alexander Acosta By: Assistant United States Attorney EFTA00185224

United States District Court TO: SOUTHERN DISTRICT OF FLORIDA SUBPOENA TO TESTIFY SUBPOENA FOR: PERSON ri DOCUMENTS OR OBJECT[S] X X YOU ARE HEREBY COMMANDED to appear and testifybefore theMof the United States District Court at the place, date and time specified'below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: DATE AND TIME: February 6, 2007 I:00pm* YOU ARE ALSO COMMANDED to bring with you the following documcnt(s) or object(s): ANY AND ALL NOTES, LE HS YOU HAVE RECEIVED FROM JEFFREY EPSTEIN, THER PRINTED OR DIGITAL, OF JEFFREY EPSTEIN, ANY AND AIL II-MAILS, INSTANT MESSAGES, CHATS, TEXT MESSAGES, VOICBMAILS; OR TELEPHONE MESSAGES THAT YOU HAVE SENT TO AND/OR RECEIVED FROM JEFFREY EPSTEIN, *Please coordinate your compliance u d confirm the date and time, and location of our a earance with Special Agent Federal Bureau of Investigation, Telephone: This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. CLERK (BY) DEPUTY CLERIC This subpoena is issued upon application of the United States of America DATE: January 23, 2007 Name Address and Ph ne thimber of Assistant U.S. Attorney Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach. FL 33401-6235 Tel: Fax: *If not applicable, enter "nom." TOM ampw litoorA0110 FORM ORD-227 JAN.86 EFTA00185225

EISENBERG & FOUTS, P.A. Attorneys At Law JAMES L. EISENBERG Florida Bar Board Certified Criminal Trial Lawyer National Board Of Trial Advocacy Certified Criminal Trial Advocate KAI LI ALOE FOUTS One Clearlake Centre, Suite 704,250 Australian Avenue South, West Palm Beach, FL 33401 Fax: February 1, 2007 Asst. U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Re: Grand Jury Subpoena for Dear M, I received your letter dated January 24, 2007 with regard to I must admit I forced myself to wait several days to respond in order to "cool off' and not say anything I would regret later. Now that time has passed, allow me to respond appropriately. 1. If you want to force Ms. =, a single mother, to come to the grand jury room to personally invoke her Fifth Amendment rights, she will be there. That does remain her position. My only request is that sro ttirovide a babysitter service for her child. I will be there, but I am not paid to babysit and Ms. should not have someone. It is this type of attitude, that your office refuses to accept the fact that it is Ms. decision not to cooperate with the government that upsets her. Your office fails to recognize that merely coming to court is a problem for a single mother like Ms. and, under these circumstances, appears to be a waste of time at best and, in her mind, personal harassment. 2. Rest assured that there is no conflict of interest in my representation of Ms. =. In this case I have always been asked and always will exercise independent judgment to follow my client's independent will. The remainder of your questions as to this matter are really none of the Government's business. 3. I will share with you that one of the reasons for our firm position that Ms. will invoke her Fifth Amendment right and choose not to voluntarily cooperate with the Government is our concern that the Government is not exercising independent judgment in this case. The history of this case has been in the newspapers. The case is being prosecuted in State court. Despite the state court prosecution, the Town of Palm Beach Police Chief went on what can only be ti • zr, GOVERNMENT EXHIBIT 2 • • EFTA00185226

, Asst. U.S. Attorney February 1, 2007 Page Two described as a public rampage in the newspaper when the case was not prosecuted to his liking that reminded me of a small child having a public temper tantrum. In my thirty years of experience, I have never seen a law enforcement officer like this publicly make what appeared to be a political case in the newspaper for a prosecution and publicly criticize anyone who got in his way, including the elected State Attorney. This resulted in a federal investigation on a topic no one remembers the Federal Government ever being interested in prosecuting before. Although 1 am certain that you personally have not had your decision-making process compromised, the appearance that your office is being influenced by the Town of Palm Beach Police Chief's agenda is very real. Under these circumstanceri don't see how any lawyer could advise any client to voluntarily cooperate. Of special concern is that the Town of Palm Beach Police have promoted prosecuting at least one of the girls who allegedly gave massages. One final thought. My client and my fear that Ms. could be prosecuted is enhanced by the demand for the personal appearance made in your letter. Your initial Kastiger letter fell far short of granting the functional equivalent of DOJ immunity. Several months ago I was given the distinct impression through our conversations that you were going to obtain DOJ immunity for Ms. Now the government is changing course for no apparent reason. This leads to speculation that the only reason for the turnabout is that prosecution in either state or federal court is being considered by someone. None of the above directed at you personally. I want to repeat that you have always treated us with respect. aybe office should advise the Town Police Chief to act in a similar fashion. Since ERG ILE cc: EFTA00185227

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 h, Florida 33401 Facsimi FACSIMILE COVER SHEET TO: JIM EISENBERG, ESQ. DATE: FAX NO. # OF PAGES: PHONE NO. RE: February 5, 2007 FROM: A. PHONE NO. VILLAFARA, ASSISTANT U.S. ATTORNEY COMMENTS: al 37rVi-- th at_ jala Catut .bint 1/4131A,Vt a att °t(6 - I I hake, apul h4s -Gr chger u wahocteitz. EFTA00185228

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 DELIVERY BY HAND Ms. a do James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 February 5, 2007 Re: Grand Jury Testimony of IMIIM Dear Ms. This letter confirms the understanding between yourself and the United States Attorneys Office for the Southern District of Florida. You have represented that you will truthfully answer questions of the federal government in its investigation of the procurement of prostitutes, amongst others. You will supply complete and truthful information to the attorneys and law enforcement officers of the federal government and to any Federal Grand Jury which may conduct an investigation, as well as in any other proceeding related to or growing out of this investigation. The obligation of truthful disclosure includes your obligation to provide the attorneys and law enforcement officers of the federal government with any documents, records or other tangible evidence within your custody or control relating to the matters about which you are questioned. You will neither attempt to protect any person or entity through false information or omission, nor falsely implicate any person or entity. No statements provided by you on this date in this matter pursuant to this agreement will be offered into evidence in any criminal case against you, except during a prosecution for perjury and/or giving a false statement. However, if it is determined that you have materially violated any provision of this agreement, all statements made by you shall be admissible in evidence against you in any proceeding. The federal government remains free to use information derived from the grand jury testimony directly or indirectly for the purpose of obtaining leads to other evidence, which may be used against you. You expressly waive any right to claim that such evidence should not be introduced because it was obtained as a result of the grand jury testimony. Furthermore, the federal government may use statements made in the grand jury testimony and all evidence derived directly or indirectly therefrom for the purpose of cross-examination, if you testify at any trial or if you EFTA00185229

MS. FEBRUARY 5, 2007 PAGE 2 suborn testimony that contradicts your prior statements and testimony. No additional promises, agreements and conditions have been entered into other than those set forth in this letter and none will be entered into unless in writing and signed by all parties. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney I have read this agreement and discussed it with my attorney, and I hereby acknowledge that it fully sets forth my agreement with the office of the United States Attorney for the Southern District of Florida. I state that there have been no additional promises, agreements or representations made to me by any officials of the United States in connection with this matter. Dated: February , 2007 West Palm Beach, Florida Witnessed by: James L. Eiser,ra i Attorney for EFTA00185230

U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY HAND James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: Dear Mr. Eisenberg: 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: February 5, 2007 I am writing to clarify the ground rules for the interview with your client, ("your client"), to occur February 2007. As I mentioned earlier, Ms. is not a target or subject of this investigation, but instead is being interviewed solely as a victim/witness. However, to address your concern about criminal exposure, if your client complies with every provision of this agreement, then the United States Attorney's Office for the Southern District of Florida ("this Office") will treat all statements made by your client during the interview as statements made pursuant to Rule 11(f) of the Federal Rules of Criminal Procedure. This is not a grant of immunity, which can be given only with approval of the Justice Department, but protects your client from having the statements made by her during the interview from being used against her directly. To guard against any misunderstandings concerning the interview of your client, this letter sets forth the terms of this agreement. Your client agrees to be fully interviewed, that is, to provide information concerning your client's knowledge of, and participation in criminal activity, including but not limited to the procurement of prostitutes. The protection of this letter applies to an interview that will be conducted by this Office, Special Agents of the Federal Bureau of Investigation, and any other federal law enforcement agency this Office may require. Under this agreement, no information disclosed by your client during the interview will be offered in evidence against her in any criminal or civil proceeding, provided that your client complies with this agreement and that the information your client furnishes is truthful, complete, and accurate. If, however, your client gives materially false, incomplete, or misleading information, EFTA00185231

JAMES L. EISENBERG, ESQ. EB: FEBRUARY 2, 2007 PAGE 2 then this Office may use such information in any matter or proceeding and your client is subject to prosecution for perjury, obstruction of justice, and making false statements to government agencies. Any such prosecution may be based upon information provided by your client during the course of the interview, and such information, including your client's statements, will be admissible against your client in any grand jury or other proceeding. The government also may use statements made by your client in the interview and all evidence derived directly or indirectly therefrom for the purpose of impeachment or cross-examination if she testifies at any trial or hearing, and/or in any rebuttal case against your client in a criminal trial in which she is a defendant or a witness. These provisions are necessary to ensure that your client does not make or offer any false representation or statement in any proceeding or to a government agency or commit perjury during any testimony. Your client further agrees that attorneys for the United States may be present at the interview, and agrees not to seek disqualification of any such government attorney from any proceeding or trial because of their participation at the interview. The entire agreement between the United States and your client is set forth in this letter. No additional promises, agreements, or conditions have been entered into and none will be entered into unless in writing and signed by all parties. If the foregoing accurately reflects the understanding and agreement between this Office and your client, it is requested that you and your client execute this letter as provided below. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney I have received this letter from my attorney, James L. Eisenberg, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it fully sets forth my understanding and agreement with the Office of the United States Attorney for the Southern EFTA00185232

JAMES L. EISENBERG, ESQ. RE: FEBRUARY 2, 2007 PAGE 3 District of Florida. T state that there have been no additional promises or representations ' made to me by any official of the United States Government or by my attorney in connection with this matter. Dated: Witnessed by: James L. Eisenberg, Esquire EFTA00185233

U.S. Department of Justice Authorization for Reimbursement of Unusual Expenses of Fact Witnesses Request for Unusual Expense(s) of Fact Witness (For United States Attorney's Office Use Only) Control # 1. Case Name ..., 2. Court Docket Number 4. Location of Court P ng 5. Contact Person Wes!- Palm 7. Witness Name & Address, Phone #, SSN 8. Vendor Name & Address, Phone #, TIN/SSN 9. Payment to be made to: 10. Receipt/Invoice is: 11. 12tDependent Illi Type of Unusual Expense: Medically Necessary Item (Attached Supporting Statement) Care _ Excess Lodging/Per Diem Travel & Transportation Pretrial Conference Waiver Other 12. Explanation: Wm, miniM ht4 a. sniodi cilad to 61/4161;b:64"t tl - kaa np Ong “1/1;) C. vah the cALta GokAle ski. kAit)Y5.1,6k. . • 13. Start Date of Service (MO/DA/YR) ando 7 14. End Date of Service (MO/DA/YR) 2-4 /0 7 15. Amount 16. Justification: 17. I hereby certify that the expenses and services listed on this document are appropriate and are within the Federal laws and regulations. I fully understand that I can be held personally liable or be subject to disciplinary action for improperly using government funds or services that exceed delegated authority or that violate Federal laws or regulations. Signature of Requesting AUSA Date 18. Name & Title of Approving Official 19. Date (MO/DA/YR) 20. Signature of Approving Official 4 8 • ! GOVERNMENT I EXHIBIT 1 44 • 111 I-0 11 EFTA00185234

EISENBERG & FOUTS, P.A. Attorneys At Law JAMES L. EISENBERG Florida Bar Board Certified Criminal Trial Lawyer National Board Of Trial Advocacy Certified Criminal Trial Advocate KAI LI AWE FOUTS One Cies rim ke Centre, Suite 704,250 Australian Avenue South, West Palm Beach, FL 33401 a Fax: February 12, 2007 Asst. U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Re: Grand Jury Subpoena for Dear As always, it was a pleasure speaking to you the other da Pursuant to our telephone conference I am writing this letter to proffer my concerns for should she testify without immunity before a federal grand jury. Therefore, allow me to reiterate that Ms. will refuse to voluntarily cooperate with the federal government. She has a good faith basis for her position under the Fifth Amendment to the United States Constitution. We, of course, do not live or work in a vacuum. We have read many inflammatory remarks the Town of Palm Beach Police Chief has made to the media about the state court's handling of the Jeffrey Epstein investigation. The police chiefs remarks frighten both myself and my client. I am aware that the town police have prepared documents to charge at least one of Mr. Epstein's lady friends in state court. If they can push to have one lady charged I remain unconvinced that they do not have the ability or political clout to push to have other ladies such as Ms. charged. The proffered facts that raise my concerns are being provided via this proffer letter. Pursuant to our telephone conference agreement, this letter and its contents cannot be used against Mr. M. Ms. is not at all certain of dates. She does remember meeting Mr. Epstein about three years ago. She is not certain of her age, it could have been when she was sixteen. A girlfriend asked her if she wanted a job giving massages. Ms. agreed because she had knowledge of massages through her mother, who was a masseuse. if asked, she had to tell Mr. Epstein that she was eighteen years old. The fr, was Ms. went to Mr. Epstein's house via taxi. M girlfriend instructed Ms. that, nineteen years old and looked old for her age, so passing for eighteen was not a problem. At GOVERNMENT EXHIBIT .5 EFTA00185235

the home Ms. met Mr. Epstein and later ave him a massage. The friend had told Ms. to give the message topless. Mr. Epstein told that if she were at all uncomfortable being topless, not to do it and it was not a requirement of employment as a masseuse. Ms. never touched Mr. Epstein in a sexual way and Mr. Et.stein never touched Ms. at all. At one point, Mr. Epstein did ask Ms. her age. Ms. insisted that she was eighteen years old. Ms. continued to see Mr. Epstein over time and massages were given in a similar fashion. She was later asked if her friends wanted to work in a similar way and she asked some girls who did give Mr. Epstein massages. Ms. was never asked to bring girls of any age to Mr. Epstein's home. When she did have her friends come over, she instructed all of them that if asked, they insist that they were eighteen years old. She is not certain at all of any of these girls' real ages. In summary, our concern is that if the government believes that Mr. Epstein committed some federal offense, then Ms. could he considered a co-conspirator. We believe no crime was committed. The Fifth Amendment was not intended to protect the guilty, however. It was enacted to protect citizens who fear prosecution notwithstanding their innocence. Our fear of any prosecution, especially • 11 f the Town police chiefs public remarks, is clearly in good faith. EFTA00185236

UNITED STATES DISTRICT COURT r...) 0 . . 1": rl SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION be t • : 7 0 ..-.1 :.•-,. - a :.2 CLI --; 7-*A2 i c. .-- I FGJ 07-103(WPB) CN I •- •O i IN RE: GRAND JURY PROCEEDINGS ...- . Cr; HP SEALED ORDER On Application of the United States Attorney for the Southern District of Florida, and it appearing to the satisfaction of the Court: 1. That has been called to testify and to provide other information before the United States District Court for the Southern District of Florida, including a Grand Jury impanelled therein; and 2. That in the judgment of the said United States Attorney,n has refused to testify and provide other information on the basis of her privilege against self-incrimination; and 3. That in the judgment of the said United States Attorney, the testimony and other information from =: may be necessary to the public interest; and 4. That the aforesaid Application has been made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0.132(e). NOW, THEREFORE, it is ordered pursuant to Title 18, United States Code, Section 6002, that give testimony and provide other information which she refuses to give or to GOVERNMENT EXHIBIT 6 EFTA00185237

provide on the basis of her privilege against self-incrimination, as to all matters about which she may be interrogated before said United States District Court, including a Grand Jury impaneled therein, as well as any subsequent proceeding or trial. However, no testimony or other information compelled under this Order (or any information directly or indirectly derived from such testimony or other information) may be used against in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. I'I' IS FURTHER ORDERED the this Order shall be SEALED in accordance with Fed. R. Crim. P. 6(e)(6), except that a copy of this Order shall be provided to counsel for the United States, who may disclose the existence of the Order to members of the Grand Jury, to the witness, to counsel for the witness, and to law enforcement officers engaged in the investigation pending before the Grand Jury. Those persons may review the Order, but may not retain a copy of the Order, nor may they disclose the existence of the Order to any others. cc: DONE and ORDERED this AUSA day of April, 2007 Palm Beach, Florida. 2 DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE EFTA00185238

U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: 500 S Australian Ave, Ste 400 West Palm Beach, FL 3340! Facsimile.• December 13, 2007 I am writing not to respond to your asserted "policy concerns" regarding Mr. Epstein's Non- Prosecution Agreement, which will be addressed by the United States Attorney, but the time has come for me to respond to the ever-increasing attacks on my role in the investigation and negotiations. It is an understatement to say that I am surprised by your allegations regarding my role because I thought that we had worked very well together in resolving this dispute. I also am surprised because I feel that I bent over backwards to keep in mind the effect that the agreement would have on Mr. Epstein and to make sure that you (and he) understood the repercussions of the agreement. For example, I brought to your attention that one potential plea could result in no gain time for your client; I corrected one of your calculations of the Sentencing Guidelines that would have resulted in Mr. Epstein spending far more time in prison than you projected; I contacted the Bureau of Prisons to see whether Mr. Epstein would be eligible for the prison camp that you desired; and I told you my suspicions about the source of the press "leak" and suggested ways to avoid the press. Importantly, I continued to work with you in a professional manner even after I learned that you had been proceeding in bad faith for several weeks — thinking that I had incorrectly concluded that solicitation of minors to engage in prostitution was a registrable offense and that you would "fool" our Office into letting Mr. Epstein plead to a non-registrable offense. Even now, when it is clear that neither you nor your client ever intended to abide by the terms of the agreement that he signed, I have never alleged misconduct on your part. The first allegation that you raise is that I "assiduously" hid from you the fact that Bert Ocariz is a friend of my boyfriend and that I have a "longstanding relationship" with Mr. Ocariz. EFTA00185239

JAY P. LEFICOWITZ, ESQ. DECEMBER 13, 2007 PAGE 2 OF 5 I informed you that I selected Mr. Ocariz because he was a friend and classmate of two people whom I respected, and that I had never met or spoken with Mr. Ocariz prior to contacting him about this case. All of those facts are true. I still have never met Mr. Ocariz, and, at the time that he and I spoke about this case, he did not know about my relationship with his friend. You suggest that I should have explicitly informed you that one of the referrals came from my "boyfriend" rather than simply a "friend," which is the term I used, but it is not my nature to discuss my personal relationships with opposing counsel. Your attacks on me and on the victims establish why I wanted to find someone whom I could trust with safeguarding the victims' best interests in the face of intense pressure from an unlimited number of highly skilled and well paid attorneys. Mr. Ocariz was that person. One of your letters suggests a business relationship between Mr. Ocariz and my boyfriend. This is patently untrue and neither my boyfriend nor I would have received any financial benefit from Mr. Ocariz's appointment. Furthermore, after Mr. Ocariz learned more about Mr. Epstein's actions (as described below), he expressed a willingness to handle the case pro bono, with no financial benefit even to himself. Furthermore, you were given several other options to choose from, including the Podhurst firm, which was later selected by Judge Davis. You rejected those other options. You also allege that I improperly disclosed information about the case to Mr. Ocariz. I provided Mr. Ocariz with a bare bones summary of the agreement's terms related to his appointment to help him decide whether the case was something he and his firm would be willing to undertake. I did not provide Mr. Ocariz with facts related to the investigation because they were confidential and instead recommended that he "Google" Mr. Epstein's name for background information. When Mr. Ocariz asked for additional information to assist his firm in addressing conflicts issues, I forwarded those questions to you, and you raised objections for the first time. I did not share any further information about Mr. Epstein or the case. Since Mr. Ocariz had been told that you concurred in his selection, out of professional courtesy, I informed Mr. Ocariz of the Office's decision to use a Special Master to make the selection and told him that the Office had made contact with Judge Davis. We have had no further contact since then and I have never had contact with Judge Davis. I understand from you that Mr. Ocariz contacted Judge Davis. You criticize his decision to do so, yet you feel that you and your co-counsel were entitled to contact Judge Davis to try to "lobby" him to select someone to your liking, despite the fact that the Non-Prosecution Agreement vested the Office with the exclusive right to select the attorney representative. Another reason for my surprise about your allegations regarding misconduct related to the Section 2255 litigation is your earlier desire to have me perform the role of "facilitator" to convince the victims that the lawyer representative was selected by the Office to represent their interests alone and that the out-of-court settlement of their claims was in their best interests. You now state that doing the same things that you had asked me to do earlier is improper meddling in civil litigation. Much of your letter reiterates the challenges to Detective Recarey's investigation that have EFTA00185240

JAY P. LEFKOWITZ, ESQ. DECEMBER 13, 2007 PAGE 3 OF 5 already been submitted to the Office on several occasions and you suggest that I have kept that information from those who reviewed the proposed indictment package. Contrary to your suggestion, those submissions were attached to and incorporated in the proposed indictment package, so your suggestion that I tried to hide something from the reviewers is false. I also take issue with the duplicity of stating that we must accept as true those parts of the Recarey reports and witness statements that you like and we must accept as false those parts that you do not like. You and your co-counsel also impressed upon me from the beginning the need to undertake an independent investigation. It seems inappropriate now to complain because our independent investigation uncovered facts that are unfavorable to your client. You complain that I "forced" your client and the State Attorney's Office to proceed on charges that they do not believe in, yet you do not want our Office to inform the State Attorney's Office of facts that os u rt the additional char e nor do you want any of the victims of that charge to contact Ms. or the Court. Ms. s opinion may change if she knows the full scope of your client's actions. You and I spent several weeks trying to identify and put together a plea to federal charges that your client was willing to accept. Yet your letter now accuses me of "manufacturing" charges of obstruction of justice, making obscene phone calls, and violating child privacy laws. When Mr. told you that those charges would "embarrass the Office," he meant that the Office was unwilling to bend the facts to satisfy Mr. Epstein's desired prison sentence — a statement with which I agree. I hope that you understand how your accusations that I imposed "ultimatums" and "forced" you and your client to agree to unconscionable contract terms cannot square with the true facts of this case. As explained in letters from Messrs. Acosta and Sloman, the indictment was postponed for more than five months to allow you and Mr. Epstein's other attorneys to make presentations to the Office to convince the Office not to prosecute. Those presentations were unsuccessful. As you mention in your letter, I —a simple line AUSA — handled the primary negotiations for the Office, and conducted those negotiations with you, Ms. Sanchez, Mr. Lewis, and a host of other highly skilled and experienced practitioners. As you put it, your group has a "combined 250 years experience" to my fourteen. The agreement itself was signed by Mr. Epstein, Ms. Sanchez, and Mr. Lefcourt, whose experience speaks for itself. You and I spent hours negotiating the terms, including when to use "a" versus "the" and other minutiae. When ou and I could not reach agreement, you repeatedly went over my head, involving Messrs. , Sloman, and Acosta in the negotiations at various times. In any and all plea negotiations the defendant understands that his options are to plead or to continue with the investigation and proceed to trial. Those were the same options that were proposed to Mr. Epstein, and they are not "persecution or intimidation tactics." Mr. Epstein chose to sign the agreement with the advice of a multitude of extremely noteworthy counsel. You also make much of the fact that the names of the victims were not released to Mr. Epstein prior to signing the Agreement. You never asked for such a term. During an earlier meeting, where Mr. Black was present, he raised the concern that you now voice. Mr. Black and I did not have a chance to discuss the issue, but I had already conceived of a way to resolve that EFTA00185241

JAY P. LEFKOWITZ, ESQ. DECEMBER 13, 2007 PAGE 4 OF 5 issue if it were raised during negotiations. As I stated, it was not, leading me to believe that it was not a matter of concern to the defense. Since the signing of the Non-Prosecution Agreement, the agents and I have vetted the list of victims more than once. In one instance, we decided to remove a name because, although the minor victim was touched inappropriately by Mr. Epstein, we decided that the link to a payment was insufficient to call it "prostitution." I have always remained open to a challenge to the list, so your suggestion that Mr. Epstein was forced to write a blank check is simply unfounded. Your last set of allegations relates to the investigation of the matter. For instance, you claim that some of the victims were informed of their right to collect damages prior to a thorough investigation of their allegations against Mr. Epstein. This also is false. None of the victims was informed of the right to sue under Section 2255 prior to the investigation of the claims. Three victims were notified shortly after the signing of the Non-Prosecution Agreement of the general terms of that Agreement. You raised objections to any victim notification, and no further notifications were done. Throughout this process you have seen that I have prepared this case as though it would proceed to trial. Notifying the witnesses of the possibility of damages claims prior to concluding the matter by plea or trial would only undermine my case. If my reassurances are insufficient, the fact that not a single victim has threatened to sue Mr. Epstein should assure you of the integrity of the investigation.' 'There are numerous other unfounded allegations in your letter about document demands, the money laundering investigation, contacting potential witnesses, speaking with the press, and the like. For the most part, these allegations have been raised and disproven earlier and need not be readdressed. However, with respect to the subpoena served upon the private investigator, contrary to your assertion, and as your co-counsel has already been told, I &I consult with the Justice Department prior to issuing the subpoena and I was told that because I was not subpoenaing an attorney's office or an office physically located within an attorney's office, and because the business did private investigation work for individuals (rather than working exclusively for Mr. Black), I could issue a grand jury subpoena in the normal course, which is what I did. I also did not "threaten" the State Attorney's Office with a grand jury subpoena, as the correspondence with their grand jury coordinator makes perfectly clear. With regard to your allegation of my filing the Palm Beach Police Department's probable cause affidavit "with the court knowing that the public could access it," I do not know to what you are referring. All documents related to the grand jury investigation have been filed under seal, and the Palm Beach Police Department's probable cause affidavit has never been filed with the Court. If, in fact, you are referring to the Ex Parte Declaration of Joseph Recarey that was filed in response to the motion to quash the grand jury subpoena, it was filed both under seal and ex parte, so no one should have access to it except the Court and myself. Those documents are still in the Court file only because you have violated one of the terms of the Agreement by failing to "withdraw [Epstein's] pending motion to intervene and to quash certain grand jury subpoenas." EFTA00185242

JAY P. LEFKOWITZ, ESQ. DECEMBER 13,2007 PAGE 5 OF 5 With respect to Ms. =, I contacted her attorney — who was paid for by Mr. Epstein and was directed by counsel for Mr. Epstein to demand immunity — and asked only whether he still represented Ms. and if he wanted me to send the victim notification letter to him. He asked what the letter would say and I told him that the letter would be forthcoming in about a week and that I could not provide him with the terms. With respect to Ms. status as a victim, you again want us to accept as true oniyt cts that are beneficial to your client and to reject as false anything detrimental to him. Ms. made a number of statements that are contradicted by documentary evidence and a review of her recorded statement shows her lack of credibility with respect to a number of statements. Based upon all of the evidence collected Ms. is classified as a victim as defined by statute. Of course, that does not mean that Ms. considers herself a victim or that she would seek damages from Mr. Epstein. I believe that a number of the identified victims will not seek damages, but that does not negate their legal status as victims. I hope that you now understand that your accusations against myself and the agents are unfounded. In the future, I recommend that you address your accusations to me so that I can correct any misunderstandings before you make false allegations to others in the Department. I hope that we can move forward with a professional resolution of this matter, whether that be by your client's adherence to the contract that he signed, or by virtue of a trial. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: R. Alexander Acosta, U.S. Attorney Jeffrey Sloman, First Assistant U.S. Attorney You also accuse me of "broaden[ing] the scope of the investigation without any foundation for doing so by adding charges of money laundering and violations of a money transmitting business to the investigation." Again, I consulted with the Justice Department's Money Laundering Section about my analysis before expanding that scope. The duty attorney agreed with my analysis. EFTA00185243

Case 9:08-cv-80736-KAM Document 304-1 Entered on FLSD Docket 01/30/2015 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE #1 and JANE DOE #2, Petitioners, vs. UNITED STATES OF AMERICA, Respondent. DECLARATION OF FBI SPECIAL AGENT TIMOTHY R. TIMOTHY R. declares as follows: 1. I am a Special Agent, Federal Bureau of Investigation (FBI), currently assigned as a Section Chief at FBI Headquarters, Washington. D.C. I was appointed a Special Agent in May 1999. Upon graduation from the FBI Academy at Quantico, Virginia, in September 1999, I was assigned to the Detroit Field Office. I was subsequently transferred to the FBI Miami Field Office in May 2006. 2. In 2006. I was assigned to work on an investigation of Jeffrey Epstein, who was accused of sexually abusing many young girls under the age of 18. In the course of our investigation, the FBI identified many potential victims of sexual abuse by Epstein. We obtained names by speaking to other victims, who frequently knew of friends who had also been paid money by Epstein to provide sexual services to him. 3. One of the victims identified was In January — February 2007, I used various computer indices to try and locate Ms. By using these indices and other means, I found two international phone numbers which I believed were being used by Ms. Case r •; • GOVERNMENT EXF HIBIT • EFTA00185244

Case 9:08-cv-80736-KAM Document 304-1 Entered on FLSD Docket 01/30/2015 Page 2 of 3 =Ir 4. Sometime during January — February 2007. I called the one of the numbers, in an attempt to speak to Ms. Also in my office was FBI Special Agent the lead agent for the investigation of Jeffrey Epstein. I was not using a speakerphone when I spoke with Ms. I asked S/A to be present because she, as the lead agent, was thoroughly versed in the details of the entire investigation, and I might need her assistance to respond to a question posed by Ms. that I was unable to answer. 5. When I dialed the number, a young woman answered the phone. I told her my name. identified myself as a Special Agent with the FBI. and asked if she was-She said yes. I used a technique which I employ when speaking to people on the phone, who might question whether I am truly an FBI agent. I provided her with the phone number of the FBI Field Office in Miami, Florida, and told her she could hang up and verify the number. She could then call me back at the number, and her call would be routed to me. Ms. said that would not be necessary. 6. I told Ms. about our investigation ofJeffrey Epstein, and the allegations that Epstein had sexually abused many underage young girls. I told her we believed she might be a victim of sexual abuse by Epstein. 7. Ms. answered basic questions, telling me that she did know Jeffrey Epstein. She quickly became uncomfortable, telling me she moved away to distance herself from this situation, and expressing her desire to "let this be in my past." She asked that I not bother her with this again. 8. I thanked Ms. and told her I appreciated her time. I provided my name and encouraged her to call the FBI Miami Field Office, if she had any questions or needed assistance. 2 Govt Exhibit 0 Case No. 08-80736-CN-MARFtA EFTA00185245

Case 9:08-cv-80736-KAM Document 304-1 Entered on FLSD Docket 01/30/2015 Page 3 of 3 The entire phone conversation only last several minutes. 9. 1 did not hear from Ms. again. In mid-March 2007, I reported for my new assignment at FBI Headquarters in Washington, D.C. 10. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 26. 2015. Section Chief Federal Bureau of Investigation Washington. U.C. 3 Govt Exhibit Case No. 08-80736-CIV.N1ARRA EFTA00185246

Case 9:08-cv-80119-KAM Document 15-2 , Entered on FLSD Docket 06/30/2008 Page 2 of 35 lfralsor.,&Ass2ciates I sor & Associates I O IN MS CIACUST COURT Or WE rirrtASH IM MO 1 PAU. WW1 COMITY. MORICA CAW PO. 2006 CF0454100( STAW Ot flaIDA. EASTAIM, orderAent. OCtOSITION Or modsdAy, (404.4.cy 20. 2000 2t00 p.m. - 6 ' )0 P' ° ' tel. Mock COUnty Courth0Oso 20$ With Wato 14116may Veal Palm Ana, Florida 33401 'COPY paper-led AV Judith F. Coftsot. PPR 'rotary Public, Elite of floc1W Cower 6 Awesi6w it•pottlaq and TrasscrIp1 Loa Ph. P.mt. 1655 Pan Beach Win 1St SUM 900 -HAMS PS Deady FL 39101 & Associates 1 2 3 BMW Otatt IIXAMINATION 4 By S. 22.111, 5 6 9 10 II 12 13 14 15 16 I? IA 19 20 21 22 23 24 25 PO Paw 3 - • - WaTlf7L0 OUSSTION• Una 22 14 2 IS PS 94.90tIM IS250) It 33401 O O Arita/WC/Ai 2 cm behalf of the 3 LAMA 1J.SISTAIrf MIS tillIMMICY 4 401 With Dials Highway *est ref.Own. ?tondo 13401 5 6 oe. /Wolf of th• NICRAW A. Ulm. M. KATtUtYll A. 14113CI, 600. /SKIS WIM. Pl. 3056 CRAMP WI I I. WITt 340 COCONUT GAOVA, 31133 9 10 11 12 On Weill of the Cmfoodlint; JACK A. 001.01MAGES. COO. Art/AWAY. COLORICACW 6 Sin 250 AUSTRALIA:1 Awn WWI 00179 1400 WEST tAU4 OCACm, PLORIDA 33401 13 14 ALSO MUCSAKT: CM WALL Ot 1111 MITSCSA: TAWDOW J. LEOPOLD. ISO. 15 Kelt, J. ARCM. OIRWTOR or WITIKAWA DtVisiOtt. 1/91M-Tot 16 17 19 20 21 22 23 24 25 Ph. Ebt...611L1771 1655 Pahl 01101 takes 01.41. At 500 • west PS 0each, FL 33.101 . . & Associates rage 4 1 Dope befogs Judith I. Comics. 2 Smut 'apart.. and Moto°, hallo in as Per th. Stet, of 3 fpwisla at !atom In the ahem coon • - 5 Wirimmoo, 6 7 Sala. bee first duly soon or affimwd. was lathed A and tostlftod os fol1mmo: 9 Te wtridliSo 1 do. 10 PIACCTumnintas 11 09 M. WIN: 12 O. Good ofterimmo. 'Ine tell ma ryas full 13 14 A. 15 O. WI cam vote .1•••• spell it. 16 A. 11 IS O. Thank you. 19 my I ea:1 ye. app 20 A. 21 0- en i's going to tot YOU • Ls 22 Oolstions. msso, gaisttoes ted.y. If at any alma you 23 ..44.4 to talc. • break. W. rut lot.. •••••• Mai? 24 A. 25 0. If you at cay tine don't understood on. of Ph fax. 1655 PS Beach lace, Ohl.. Sute 913 • Wen GOVERNMENT EXHIBIT I EFTA00185247

Case 9:08-cv-80119-KAM Document 15-2 .Entered on FLSD Docket 06/30/2008 Page 3 of 35 Ssor &Associates nsOr & ~Lates 0 Pair 3. ny ..Suene. will yos jest Orr lot ea roof 3 AM if at ry Ur your* rt tally well 4 Or rostra lib* aw, yoo'll tell us. riot? S A. be. 6 0. la re rni stay tray? 7 A. Tra- e 0. six. Utley ay Alcohol r Ora or raking 9 ire abr. rail 10 11 0. r you feel [NOY to bar your deportion 12 tern/ 13 A. rm. 14 0. ION rat a par ~tar 15 b. V. Dietary liar at a atun.• house amt 16 I drat row It off the tap of ny her. 17 0. Pare La it) 12 A. ... Janet 12 0. re I. your vent? 20 A. 21 0. the ere is living rail 22 A. 33 0. Aura sloe lira roe, 24 2 The contort notion that year rase (lied 1655 Pail ~ Fla 52a a 33401 sor & Associates ligireartharrara Pari 1 0. bor 15 that? 2 A. Salo boor trio. 1 0. Nar yoo rant ar flirt err taro? A. b. re. 5 0. CO ye. know Ito adder* earl A., 3 de rt. 7 0. IM't your aitr• Ill planning on lrins rib yr. anal Or 10 0. =yes raw tat this art cm In • 11 carrel prosecution. Count? 12 A. Correct. 13 0. And you bra that /Vs • tr iraa? 14 Peoration roar • er re baa es realri Ixte1.9exed. 15 ye you taw tat? 16 17 0. You sirs that (cat is • my nitre 16 19 A. Yes. 20 0. AM your* her. with your Ira/ 21 Mr. ~Id. right? 22 2) 0. And you know that Mr. torpor recently 24 filed • liars in trend court against Jelf•ey [petal,. 25 refry fifty alllise Y. 1655 Pike DeleePh.„,.. .ML lt Fst!ii!lefleach, IR. »CI 1 0 C) Par 1 sprat your tether rear*, taw fifty sullierdoller 2 leoseit arrest Jeffrey ipater says that pH, lir with 3 your aunt and tale ad bar bra liar trots le that I Cerrees7 S Us. 6 0. Iles ray have you bra lira with Pat 7 aunt red role? A. Sur ay ran kicked or out. 9 That VIM ThAttnalellt Of %Ale per pre] 10 Yea. rt. 11 43 Car. Rider for lirofighter boreiry 12 et eh ~Vial fee LIIS two of yout 13 A. NY. •ir- the has en irpartart, but by 11 Wo.,•11. 15 0. Did he pat en ~rtes.* as the two of you 16 run in? 17 A. b. rr. An yr planar to roe In with ban? 19 A. Maybe or Rey IA Ur rear* 30 0. Do aka awe • plea to nor la with kin 21 preaerlyt 22 A. 33 0. Mr•• 3 berm to the spartant that you ad 24 dranrad err In tartan? 25 A. 1 her bun 55 Palm teeth ake. Sete 500 ~al% 33.33 Phi, W682.0905 . Fee 16 - • - riser & Associates harer arrros • • - ha NA. Csattiat Let b 3001 react. 2 ~la r barer It*. Myatt that 2 you bare leaned ammo arrtanta biltorn you 4 er •• see se•tectod. Ss it you rem any of that 5 isionestioe aria Of then dianalerra. you say 6 rare. at if the cry why you knew r la • Wear ar dirrisaranS. So sot war that artier. • IN 1411- tank • 10 0. -Pa buts tut It.. torpor treaty, 31 flied • ~Wit 1R gruel rart a your bra If or rat 12 enemy peneig. rear fifty ~ton taller? 13 113. 3.40201.0. 6s abjection. 14 If you kart re to that outride of 15 oar cliscasiona. yea say mown. If it is Ur 16 only way that yr know the rawer is Groul. our 17 4I•cua•lonli, do rat war that cast lea. 111 INS PROM Okay. 19 1.4001.4 ieterser/e11•et Omlita, 20 IV M. tar: 21 0. tee can lute« the Witten unless 22 Mr. LIX*OLD: far objection. 23 Wt. Triv. 4i OS (leir. 24 M. 140POCO. Naas me. ••••• -- 25 M. ItiN b. 1St MS lien*. 3655 ran iseadt~ 500.74 13 33401 EFTA00185248

Case 9:08-cv-80119-KAM Document 15-2 Entered on F LSD Docket 06/30/2008 Page 4 of 35 nsor & Associates dJ ( ) 2 3 4 5 6 7 g 9 10 11 12 13 14 If 16 11 le 19 70 21 22 23 24 25 rage 9 M. IMPOIM Lavt., ve . we set going to do that. M. Mgt aka le not Leas. re going to (lash ny Paella. 04441 M. LCOPOLO: Or net answer you hear teal so. PT M. RIN: O. Caen than teteerealona that yeshate had qu M. Leopold -- 35. not •sitia about that — am you are tat Mr. Mal* he. Wed a lawsuit in dora/ toot maws fifty easion dollar, from JaIroy Moan es mar Wulf? M. L4COOLIN fops objection. Anything That you learn through careteatiW lava at and a, de not antra,. ass. an protected. If yea know thtooh any other soda of tencedoda. you may answer. Ter Plllaatl M. bT M. 1.11/0 O. You Mn no Woe an Ns. Leopold tiled • gat, allicad011at lawsuit on pa behalf zzzzzzz ]allhy M. MPOLO, Sae* ableCtIon. to not moat tat capstan II It's through dascattoo that yes and I hod. Outside of that, Pla ems 1655 ha ilaM laws WC, Suae SOO • West Palm 50" it DIM * nsor & Associates awasalemegaa nitoe 11 1 alactiona. Cock pur cola. 2 M. 1.4040tIo rasa a. ror tee record. 3 Causal aNied sea • geostla. ***** the 4 ~mu se la mad. It• .sted ea the question an fang to be canting that ~I threaleat the 6 deposition. 59 lag am tare's ammo 7 fralation and peedlcato uta by the atteray. I will prawn ay client ad 1 mkt the record taro 9 allionpaato. It canal wisla to ask is 10 appropriate worded manta with the proper 11 Mani« and padiata. I all certainly allow 13 the client re agar the quota. 1) M. Calialtat glo Opat yea lust ***** 14 attasna/aloat Waage we toot be dem ultb If it, )6 M. laget0, I rat the record to be 17 <Mo. 141 NA. WIN. la want to agate awe Is what 19 you at to de. 20 You ern magnsd te be here %/:a sonIng 21 and ei totally broke Medea, as /meant that 22 you hud with es If par hearing get resealed. 23 eat lees ma on end nyte mall stop 24 obatmeam this apaition. 25 M. larOLDI I think the memo As eery fix. 1655 Pan NW , Wes OW. Suite 500 Wat Pla Ow" FL 33401 tJ fl 2 3 5 6 41(€nsor & Associates Page 10 Too say antes. Se do net atom that oath» It tat I. Ube only boas to aid yes aclet•tad that sewer. TM WOOLS Or M. TAM 0. vow dide.t era that) M. IMIONIN Don't auto tat asst ion. Nairn SVS ay/agat grata's. My 9 intonation >ease learta ChM* eeevasattans 10 banns yes and I an protected. Tr you nov It 11 through coy other nil.. you nay answer. M. 'IN: ea yre gam te goy that fot 13 every Nation le the dopealla. Ng. Weald/ 14 M. ~Ma Men won uk laptop'. 15 Wantons Ia. tat altheat the Prams -- 16 M. TINN Team pan ta oleo your 11 raking ablallorm right new. May, 14 M. MOMM Withal the peeper -- 19 M. nut: You need to Stepyr. mating 20 *Patine. 21 tat •. anima. 22 M. 1,40401.0, Counsel. fa past load no a 23 quatIon and is going to ***** It on the 24 25 M. Tria You ::had to step your arting Ana 1655 PSI Bea Labs Mwto 5~ 500 Vest Pan Neck W. 33401 sot' & Associates May se ,Mena- n Page 12 1 clou wart w stand Ma far. 2 Is tam a rewording aha of thin 3 ~patios, 4 at Coal atone: Tee. 5' M. LINIOtOt Pest Wm our, tatt 6 gasamed. 7 AT M. la in: 4 O. Co to ettdont 20-01 wilt, before you do 9 that. et. you into tat • LOSTOr Iola Jeffrey 10 Mogan (tied • Ishinta your behalf. yes or no7 Il SP. 140101.11: halation. 12 Pay coarations that you end I ham ad 13 ragardleo. thst, If that Is the only ray by *tee 14 you wearatad bow to sat that gootlen. do at 15 moat. hot ay/erica privilege. wal 16 an soy ~Manta as no hen had with the 17 •Tteray fan gas. net Is *Ma ottonatatent 16 alwilago. pa I's Mato. 19 M. Mitt Tear* actually acne seat ta 20 ettema/mimt ptiallea. 21 M. UMOM l'ø manta Counsel l• not 22 nay you to timely* attwaryfatent -- 23 M. tap, Of Lana net. 24 a M. tam 25 Q. 4r0 yep at Jellny sateen. Rtifis582.0905•Fax. 16SS Patm BeW• lam etO., Stae 500 Went hen BeiCh. FL 33%1 1 EFTA00185249

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 5 of 35 *mer & Associates a sor & Associates reva tram 1.4 10 Il 12 31 14 35 16 37 1 2 3 7•00 lit ney. (bled • filte-stillonverilar leonu a reg belfelf »ale» ieff Tay tealrfa• Yes ef sol Y. /41014012" Las• ob)eCtlog. 7Lna tete Nard tes serti» IO 5 1 Nia alstedY• LIMOL0: Cor». Meuse a*. 7 14R. Teno: agit sep attorney/crac 4 perle». St. Mer Ly tenstlene. HA. 103,010: Va snitt lad te re an abjection ter Os record. rire Verne. and 1•11 oas Me sr objection. And le It CCCCC /or ettegney/clieet Lel.11pe. sal cossersotion• reg end 1 Mn Nd, do eet 'sr( the seemlen. and i the,» the{ At steit M a.g.Priat•• for the (500(4. te •at. istMealien• »agir ellile n *an*" Inir I Minh MN lina/! Soie eneetWist• for »na Olpelltten. le leT M. MI» 19 Go Me» PI se we 20 Tot. 21 0. Thant yee. 22 ln (en. mie ina that Lt. Pensée hold • 23 Press esefenhafe ha fil» the fiftralllien-dellauf 24 »rit On mir ruile. dm» poe7 25 lifter ft happer. Pa - Pa 1655 PM Beiclt talus Mt. Sun 500 -19.24 FM.IMIN. 933401 sor & Associates mer edImuya»te Papa 15 1 M. »Ore* se». Mise to 1•••• 01 se» 2 9016$ te tais • break. bers, 0•••••••• In net 3 NOMS . rte» ne sers to Mn th» rd 4 of d'usage(' If peu uni te base te» und of danar ut» M •- 6 Se. non Tou ara Mamelle. Sis OtiNtItion. e n. reIVISCIP My don» pre eu» e. 9 outre sed lati ulk rut -- 10 M. 1/070504 Me -- Nr job la »se I 1 Olferl< and ON» Sot 901.9M be able te tek. 12 4.4 NU intre at tag osso tr. 13 IIR. OOLMOCCI," Off thé »con. 14 LOMOLO, sets Set lotte Off les 15 (eend, Jack. tare net. Mes. Na lob la vegy 16 malt. Va »IN td sets the record. 17 I dont thiet it is *perte« trier IO In tie sali Ceefine• of Mla rem, to be 44g4 le mesaln rtth tata vous) lady. 20 10. MW: Mer Nt hainntee• 4106, 21 stop actuelly -- 22 m. UMM: If peer »rie CCCCCCCCC 23 se. »Ore golm te »ace/ this deponntos -- 24 N. ICiel: Stop Mers eeeee ing. 25 na OMIT niai!: I sesd au at • Ir -Fit 1655 Pr ose tees ebe... set 500- 1Vell PMI Sud% FL 3)031 li 2 3 5 6 7 Page 14 0. V» to Met N Nd • pissa conter•nor• don» pesa yes er se, A. Yta. O. la (set. lm» le ta »Ma» 46-61. M. GOINCIMOU Leek WNt yee met: let te ISIS: nase yoe nec sr »et Orme birr» t Tel. 10 i• Vu.< • pictur• et Teur grogs »sr If mainates: and f4r. Kerr st 04 press ease•••••• 12 Natal» roc Ira» I) 14 0. am you ru Jet tais f • a eery »car 1$ nattet. cleet Paf 16 el. 150001/1 »kid aad arr. 17 Objection. le A. 001411tre: A11 Ta con 19 tfts)Nt. 4••M 44.4••••tine • violon. Mn. 20 et. Leopold. Tous tee *Oust en 5nva.M veau. 21 Teu 001101 aska rat objectasse. 7N have ne 22 oundiao 14 de os' 23 p. LMVOLet mine to MM tMw aube 24 ton 25 1655 Poelm 9401 tatas Med. Suie 500 Vie Pdm Beectl, R 3340, ASSCIelpt.e.5 teis les r aas are» b• 1 2 3 S Page 14 rus natter tes tt Ib. At. Leemelet a !Sent mer. teint te talfe break. far» ya sir vent V) tale te yetis 75114: t met nad to tolk te Itia. 6 let rra: Set N . » ter te takt • 7 teett. N. 75IO: erre Mt {SUS. lb break tao aires »ode brait. 10 (44.44 strate tale £yesltlo. ted. 11 M. IMOOM: Ir ma ingli 12 Ta ail »St te remua in Mis 15 darnes -- 14 m1. TM: loere ebstpectige 35 depesillen. Step Nha" spore,. vers set 16 ai•ou•se4 this with rya. TM quaerse Sa to 17 »et »te». 00 tete fl et fiss -stouts Pink. IO KR. LISPOLIS rob. •• sire. 10 mate ann 19 Os »or» claie ad clou, 20 Md I vat te auto sen. in V» slresv 21 *rd yre i kir that mer cm of the kast ta 22 te» that tala aidl• •• tins fer to b• 2/ ocanew44. Ota77 24 m. 76141; Ge tai» your fob -oksets tient, 23 °U. 1409014. va. Ml. - Fax 3655 Palen Se» taies Fm. 5alle 9:0 • Mut Pet headk /1 3340/ EFTA00185250

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 6 of 35 e sor_a& Associates 2 Aftinsora& Associates f2 C) 1.1 2 3 6 a 9 10 11 12 14 15 16 11 IS 19 20 11 12 23 24 25 Page 17 feu sore supposed to be here •• Wes Ma it's re after tee. take yrs reek end car back. a. 4604,140, Ceey. If the dearer trop r Pill at he bare beyond those five Yore a. MIN: Take peer brat re case beck. MR. 1404010. Okay. SO r errat that you Me. MO: 1 biggest that you take yr. break. SO. CoLtenCtli, Let then tan that !Pithiest* Dreak. S. LWOW: Sat I Weld eedioet that You tabs der births. het• flint artist wherry itio went tat a brae, lThentecce. a rear vas talen.I et me. :TIN: 0. _190 hen that glelsq testlary 60 trey at your orealtlen is reething eery eetlead. des't yr? A. O. h. 0. Tom. Pal yee repel the court. root yes! Yea. let se shoo you death 11-04i. Ca. you Pro. 612.0935- 1653 Pen beech 8th.. Site 5P0- 113301 .. sor & Associates 0. Page 19 Did you send teat sassed* to • friend et 2 years en hydrae? 3 A. fuze. wen. 4 0. tire yr referring to this eepealtleat 5 A. Yes. s O. Da you fie the term offeasieet That'• not arret• lb there. 0 0. Ilhet web] did yr use le there? 9 1.1:0Pour urea are you retorting to. ID Ommeoll There 20 plus ride In than. 11 a. RIM Cat an a speaking objection. 12 That •LTICSS± Ate Tel referring to 13 anthlail 11 IS. morotir: IS let hot at feu the "rat ton. 16 et M. nu: 17 I. What question sere yr asking. IIII1 IS M. 12044.0: She dossn•t .ask 'retire. 19 You ask the questlets. What Is the question 20 perelteel 21 tf S. TIM 22 0. Mort is the lest sere on then In 23 to test of your before the closing/ 24 A. Niger. 15 0. don't you rind that ter 0/graben H45FUftbuich 1401 Beta F11 igifflaCli, ------- — — 0 sor & Associates C) 0 Pape II toe that out lost, pleas*. 2 e. okay. That do you woad 3 0. Will you read that at loud. pins.. 5 Thant o tel bah .1 baddd...lel yell I got ma 7 staple cant 0511 ee the 201A...bUlarit....rad dean you ▪ have can alit with hal tike atter - long vow • le 'OM... well yes welly will definitely beet, ate 10 plane for an. Arcane I 0100 0 tone tire a elation and 11 he M t let yo. as* p... a lea or default plc 12 Apnea. Ned. as. 13 0. Old you wind that -sere lest trek to a 11 tries Of years a wince/ If A. f reola.t Irau. Thor's no date. and I've 16 deleted that HySpace. SO — II 0. Ifirre rang to tall alert that Ye 000001h IS Okay. 19 Did yes and that songs leaf lark -- 20 eight. 21 0. Let eo Ithlah my question. 22 OW yr red that,wide last seek to • 21 Sties or 'vote a my9Preel 24 A. I rraldn't knOw the date, hat obviously, 25 kind be e herd. 63S Pala MO SOOR Pt 33401 Meach. Pitle Pa er 1 Pogo 20 1 he. 2 lot. Line. Can IOC .9011 It ter the 3 • please. 4 era wimps: 9-1-0-9 -- 5 we term: b. ee, on. Teo ate sot your 6 4., be caking restion. 110POLO. Pm sot astir goe•tioes. O , kung hoz the record the vote to be opened. 9 &scour W don•t hate • giro hero today. 10 HA. Mhz Then exhibit* ere Pert eel the 1r record. Too - 12 IS. 140101.41: WU. It's not Darted as an 13 exhibit. 14 IS. MOO Stay InterrePting me. 1$ Mr. Leopold. 1 lien Marked and teenier fret as an 16 inhibit end Yr hill at 11 K. 12OtOLO: Mere Ma bees no 10 IdeatlIscetlea et thle document In the tecord. 19 M. MIL Kr. LtageltIr atop rooting 20 this deposition. Pt LIMOLO: Whet le the echtbit Parer 21 nailed fel LIMO fffff land 23 IS. RiL 31.001. 24 M. 1I0/010: a toe bre trial Is It on 25 the micord earstiefel ph. 0905-FAY.. 1655 MP 500:11 lakes OW, Stec SOORMack 14.33401 EFTA00185251

Case 9:08-cv-9 119-KAM Document 15-2 Entered on FLSD Do et 06/30/2008 Page 7 of 35 seer & Associates C) SelomywaftwoIsleLlm. Page 21, 1 SY 111. 2 0. fat r eat pet, _did you in fact year friend trio sorer art Yla depOrticel 2 3 1 0. So yet mote your friend that this 5 6 deprittee is 'tepid coast s-h-1-t. COrreatl 6 7 B. 7 8 Q. MOW.. you think thin embattles le atield 0 9 don.l yeti 9 10 10 11 0. You wrote that to year freed, MAC% yr? ll 12 12 13 You think that exert is .1 1t. dOe't yOu? 0 13 14 h. In see eases. 11 15 0. Am/ yew Wet that wt la bell s-h-1-t. 15 16 don't meal 16 Mid dersitLen 17 la 0. yes trek this Is boll 10 19 e-h-1-t. dee't you? 19 20 20 21 0. You wrote that to your friend. eildn't yost 21 22 NA. IM3P0163 Objettir. Aare and 22 23 anewerod. 23 21 SM. TIM that's net a Ohlection• 24 25 IT IS. :tr. 25 Ph roc MEM; 1655 PrIlebbil MIMS e 500 IMEeloll. FL 33491 _ — & Associates 1 2 3 4 Pre 23 *this: _you O. lurk that giving teatledny tOdaY. soda. Oath. S. Wu don't yey? 5 G. MSS you meet, that to year friend on 6 HY/Pme last week, didn't yea? 7 M. UM004.0. Oesectlea need and amaroted. 9 t9B WITIMOS. M. 1 dad at. eV N. Rif You dletel write this eahlblt? 12 A. 1 WrOte that, but 1 elr't tt you. 13 sale. 14 0. you net. in this exhibit. "2 at es 15 staple tort agtst-t an the 20th. 8011 mrint." Meat 1.6 WO writs that? 17 A. 18 O. 04htrles to th/O d eeitta, alders year )9 A. Perrin to the Mort. I war later 20 inform' that it we a derettioa. 21 0. V. 'oleo to ash re ear goestions new 22 root what lappet»d urn yea went to Jeff ttttt In.• here 23 teas years 490 Gun' 24 25 0. Kea too police la..... You one mooch • Fag. MS PahlMO L✓ Site 500 e i Mas01. FL 33401 & Associates Page 22 0. Yew wrote that l0 Yawl friend, Orel swet NA. MM.* ttjictict. laSod Old easwerd, for the feint time. 05. Yea ate laproperly Mr. rep:MA Yee Yee no mars to Object. end that.* met an objettlet. O.. ItOVOLO; It to a• objecLI.M. a. HIM: nun %menet* the dopesitloo it yos Ude! It's beelt ashea and answered. Mt. WOOL& Counsel. I am mat precluded trot Joet maitre en trforlon to the form of the seestles. As the carte nil know. and If yea here I. rat Ms Beach. soy es the i.e... molt* you se net the objection with snolfloity. Marvin do that. And If you don't wet se Le, yet can wake the ern. Out I will de that. O. Teen sews tout we'll do. Ted. Yet will allow yrs to room as *poetics to fro foe wry almsle es. of •Y re•trae• Otherlr, all ro're drag is oletroOtIng. M, t/DPOLD. I or'S do that. IS. WO. Of reran because ter went to ratan. Iv. LIZPOLO. All right. MS. Fox. los Pale Peach scciaLaChr ft 3)401 4024•6C4bw ..* & Associates Page 24 1 alter re mem to hetes. you wore on your 2 Where ....t that yeu and roster re not ,09540 a sox 3 of any kind/ 4 5 0. Olda't are tell that to Ow polio'? 6 A. Yes. end 3 wilt eoettrog. 1 ha. never 7 bad ate with him. B 0. bId toot oapporea upetele• •I Jett 9 Epstein here take you cespinely by eillpere... 10 A. 11 Q. Soo the cloth smiplaInt that you (nod 12 spikes sr. gnosis fer fifty dollar. •11.0ed 13 that yea rote totally Shocked by west hoppemed when yea get there. 15 16 0. Were yea totally Years by rat happened 11 whoa yoo got to Lpstrn•• basset Yes 19 Q. You didn't erect It at all, did you/ 20 21 Q. Tee ma ahoolotely se leas shy year Salem/ 22 le" 44. 144 Per to Pal ttttt le hews. TWA, 23 A. I mei lefoased It we. • •••••••• 24 0- • All yet thought that It was golle to he toes 25 • oaseapo °errors? IJIn2 yA850D 0.3961 EFTA00185252

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 8 of 35 sor & Associates tikrisor & Associates 1 Page 2/ Yea. ) Pam 26 0. Yoo•re sem that -. let as mi. the ...sit 2 'Mem — get to cumin Muse MEI 2 ramp. 3 Amer mid oiryllitm to yee M tie telorme ablat erobal 3 barn outs that before you got to 4 activity with tlittelo, OM shoe 4 155 mesa no am t. t.d to panne* you to .:gags In S S Mount eettnty nett Conon for co sy. An you? 6 0. AM hetam yea got to vpst•In•• hoes. 6 M. 140101.411 Obleetion. Mtn and 7 INS Gent goat you • Paean, nor the InteRest about nomad. 8 micael aCtielty with Epstein. did she? TUC M. MO lise ahoy 9 9 amtioree Out a hot Min Ono. /0 old rest try to tatnht° you to I0 SY M. 11 engem Io any tr awl ectitIty Mtn Ziteitelel 11 0. Nell Onchlne yes sou. SO /km 00100 CO aft 12 12 the motion - 13 Did stem say to ceowlace 13 M. 1.404060: Cramasle rye made an 11 Yew to 0, 9.n la lay seal activity vin 8004•017 14 objection ter UN record. IS I emit Um dbe i. 15 Is. Tali 'top spiaitee• /6 De you met • 'rioted al 16 M. LI.Ohotei Pe Mt going to sLap 17 w. 17 wp ahine. tee conic rept me sena Pa sating 18 Okay. Safer* yeti mat so zpstiololii hone IS the MOM. lag MA ammo cal ••• yes Memo you a einem 9 M. Penh theca madly the Valetta. 20 maul activity Mtn lips 44444 20 M. lineter tenni -- 21 21 M. fi ts Step warn.; the Innen. 22 0. SO you lit moo that Osten you got to to la 22 IT M. MIN, 21 tpstelo'• no... men tiled to peanut you nun. 23 0- MI let o esl yea 24 menial activity with Jenny spet•le? 24 M. LiO•OLD: It mw continue to -- 25 25 IS. Ms. step 1•4• 4nerIno qesst Lora. elt .562.0905. Pm. MEM 1633 Pal M LYS 01 W. SteStiO•Wet PM 034th M. DPI & Associates sto 2..54 bwopia Page 27 iMPOtigi it yes do it ogle sort tin, 2 nen letribl• 3 SY M. TOIL 0. SOP 5 M. IDIOM: I'S mine to hen the redeye 4 You casein later apt ••• Msn l'o saline the • nentl. Cut Of pre aaaaa coal none. no rapt ▪ de that. I's mOtled to mt. Os paean. 1 moo 9 to objection. as/o4 vied onuored. nor Oismanor 10 Is Impeceptiato. to.eis ttttt ng and me a.. ebb 11 vied youir• tapon•lble to an a questim In • 12 poste* tttttt meet. W Mt the co-motion and once 13 me eat the tomer. to .i th.r follow up as It Or 11 ems as. but not temintously Otomaat and an the IS saes mettle. Ong one mot neon. flu eeet lied 16 the manly. 17 M. RN: cola deer. Olt. 19 M. Volta: Must M. Pa wen can bate. 19 lama I. not od4 nag/ nes It. tory no. 20 N piess• continuo en. Mt f viii not 21 •liew yes to mistime to Lit la the 22 mamma Mat you're dolt". Mt Ma a MHO.. 23 sad more oil. 24 M. nip: ems you Marl 25 M. Intte.D3 nub no. I n. -FM 1655 Pain Belch Wel BSC &RI SOD -We0P8M/Meilt, Pi 33401 •- () at MIMS Fat MIMI 165$ Path NC a MC Solt $00 • ffi st Polo Bo* 21. 33401 - • — - --• • — — •--.- - & Associates 1 2 and oath dam. r. 90.y to elk oy neottn. Pa90 28 Ie. Tent Stop slateptsantle9 the retold 3 4 5 6 9 10 11 to cent the pestles, in not 12 M. 10000W, to. AM Ills net san. that 13 enettitm: *sly oa sttorseyreilmt pirmilege. 14 M. Milli 8111 you atop meeting nes so I 15 to wt ay qualities' Ms yes damn 16 Mar. l's lob" to caw as onatice. 17 sr M. ten. IS 0. tastes, M.. 19 M. LOSPOLO: Sale eh. Step. 20 re. ben doing ton be MMus yeen see 21 ben sot a lot et attemeys, bet I've awn' tbel 22 emmleecis ltd thi• test. Poo -- 23 M. Mut Step not apeemes• 21 M. 1.601men II yes osMissis to do this. 25 teeth., It's oath a* es with by Clint, I 0.11 net Stop it. IT In fl it : 0. M. ISSPOW: 1 %hint the wood I. very elan. M. 00408040: tot he ant elatIfy *honker. tea MU aj.ot Le the rem of • outdo. you're en IntruStan the ottoeie not • ralliallie 165$ Mn each l▪ •Y laa 01404 Sure 500 • Vint Pas Sealy FL 33401 • _ - • _ • - - • - • _ - • - EFTA00185253

Case 9:08-cv-801-19-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 9 of 35 sor & Associates resor & Associates ~pe er 2 $ 6 7 2•09 29 put tot with It ad I chen't acid to pot up with It MM It's not appro. . And re auto nt. doldherry knows *Is this, bruin* I know that he Wrildn• t de tide. Se I will est pet ep with it. had 1 think it'. highly larrnooriate to do this with tars child satire use, 0.0 way you're oiling. pileattly tennis 94, Mid I will net put ep with It. 2 3 4 4 7 9 te. ¥111 you traps nob Mr reiteth 9 10 se I an ut qweetiona 10 Il M. LION01.0, ho IBM 00 you act 11 12 prof kkkkk sally. I will de e0. Nit IS Tn. Cretin» 12 13 to de u this way. I VW Irate. 13 14 e. tt1tII Suit yetirtelf. 14 1$ el MD. Tills: 16 0. earn• you note that before you got to brat tried to tO 16 11 eindel••• he et pethiads you tern. 11 It eameadl actielty with betan for money/ 19 19 Wt. 1•0101.0" naiad and aeiraree. 19 20 Object loth 20 21 MD. Kill: Did you get het susar? 21 22 Ni Mid Rtit*TEAr so, I did set. 22 23 1'n bite. 23 24 vs M. trill: 24 25 0. tot es ask you • few questions abort yew 25 Far. 16SS Pt» DNA take Mel. Sit 600 -WM Pat Deed...IX 33401 0 & Associates tote 31 A. 2 Q. All right. Lot ea oak you two final eras 3 of .st/ol., *beet this end we'll rove onto oca•thIng 4 else. Okay? 5 4 0. Wets you mot lo ;patters', did anyone 7 bodared vitt *Ran ever call yen an the phone and • tt, .to patsrad.p. iodide, metier or coerce you CO mirage 9 In any >Opal aalwity7 10 u. 11 uteri. you tot to lesaltra did anybody 12 e•lbetitted with tintelte rut 000tat you se the Internet 13 end try CO peraddide. Induce, entita or cent@ you to 14 engage an anal beltway? 15 16 11 ID 19 20 21 22 23 24 25 0. -who told Ire Out elan ye. 0 9 te .35ft fotarla'a house you 'Mold it. to left sheet year sal A. 0 Mat it or was åt Ur other girl In the gar rho you rode over with to lbstan's hereof 0 . that day? IMO we tet «Mr girl to the oar with too I honestly don't knew. • Not %SS NM ffekb ▪tees SJte400- Wett P4101 leach R 33101 ..... ..... . context with Jollity !vault. Okay? Diana.* ~La head ep end down., Jeff furor a:nailed yee. did he? Me. Jeff sayer Vast easurettdpu. did he? 0. Pay. 0. bat newer chatted In • Chat tan with did A. M. 0. radon you get to epthelars boa to lad neat &poke to Jeff, »a pert A. 0. badattar~ Jeff/ A. Cornet. 0. Mien yew got te gpatola't house you hod meter told Jeff that you were undo( II. right) A. M. 0. Peron you lot to Cortan't leMer, had you over told Jeff... that you wet* that? Tel I error spate te tat han before that. 0. and yet only wont to Jeff [patois.", beast. that me tine three years M. correct? And Peter. you got to Cretottee hour. you O. You newer rent there 'agate. correct/ Ph.~. 0905 ' Fit 146S PS Betth Skis 0141. 4! 500 • 1~ Pan Beach, Ft 33931 * sac & Associates 5~1•• ni toodepa, no 32 1 0. Mad toe *tor mien ser wore? 2 A. W. air. 3 0. You told the police that when yea rods owe 4 to Meetan's you had no Idea mho oho was, $ A. Coerce. 6 0. You coli the police teat pa ~ilk knew • her ammer out she wee b e really deck. kind Of like • *with girl? 9 A. 10 Q. Thou were your words. right? 11 A. It 0. Du you nos lewd who NW la? 13 A. de. sir. 14 0. 50 it wie told you to la anon 15 your op to Jeff butaa 14 17 0. And all told you that If yea weren't 19, It gPot•In wooldp't let you lat. use here*. fight, 19 20 0. All tight. Lot. ' bah for a mina* shorn 21 when yet fint tet Jett. Oa)? 22 23 0. Khoo era first met Jeff he tried to tied 24 out hew old yea were, tight. 25 A. Kara se? 1665 Pen ouch La ▪ kes Dd. Site 500 -Welt Pen Do" it 33931 — — EFTA00185254

(l) O Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 1 4nsor & Associates trowsual HOS 11 0. She 100 Cant mat 2.41 he tiled to ds 2 out taw old eve weer. mishit 3 A. Sot shoe we tint lialgOdueed000 Others 4 Won we get esestalre, two, reg. 5 O. holm. the smear deft asked yes WSW old 6 you were, correct? 7 A. las. yes. 8 0. On Man't nu alien/ told deft. 0 assistat. the coo who walked you spun.. that yoe went 10 to coupe and bad just eased 40 hare fro Ohio? 11 A. S Lover sµas to the lady. I? O. DO jot sent to rethink that Weer? 13 NA. tratttlai Is that a dentist 14 SYNC. Tait. 15 0. Ise yea eat to ttttttt that .sear? 16 No t didn't realty speak vita her that 17 10 0. Ceacb vent to try to ninon Yon Amory 19 on that? 20 At. 1201101.0, rd yew have Hatititing to 21 zeiresh her refry with) 22 N. TOIL Dorsi want to ItC Necktie.) spoiltinq ajnt54 .? 24 PO. 12.0001.0, Mt to retreehlairliOnaril 25 maaory. Wu show Oda a 000larret. Ph. r t e 16552.16SM* P t O • I I I M P o c h , FL MCI sor & Associates Pp. 3$ 1 to can inner no ...lOatIOa. 2 3 0. Is theme ...thine that would retreat nor t watery that a tact yea told It. hpotOlni s ttttttt nt. the ass wbe welted you upatairs. that yew went Co celled& and 6 you hod jest moved down Pots Ina Otto? 7 A. I do's roamdser saying that: Out IC Ado -- 0 1 dn't itniner saying Wt Opel!, SO -- 9 Cr. that would be • lie. right? 10 A. $0. I dart reireider. 11 O. 50 yOU told Jell that you were IA year* 12 old. corsvati 13 A. Yes. Id 0. 00 pas einicestan Detective atideelle Pagan of 15 the NLo Oopartnent. pets Desch Police Opparteent? 16 17 to you tswswhor you spot* to Mn 10 Yes. 19 0. Do you runeatoir that yin told Detective 20 Nips that whoa you lied stout your age to Jeff you sold 21 it meetly tact because you dirt west te as It sordid 22 lilt you wets lying, 13 A. I don't newt. the wOrds bat I 24 de ressober tolls*. her I told hi. I an 18. 25 0. And do yew tamed. telling Detections Noon • 1669 palsOath LiarIL993. 500. KIL FL 33401 Fa Fri. . - O ! 0 2 9 10 11 12 13 14 IS Page 10 of 35 tiOnsor..& Associates • nits 34 M. ram thaw bOULOdO (hi.. MA. LideOVAI Thee ahoy hat a dacarat. NO. Stop opeakled. LOSPOSO: 1 .o lot lelog to Stop spotting. I. molly to continue to orbs Use MR. //Oh You're diettuetIng Please step. 1. s. net obstrisettas Dot If yea went to to ha: taco, lest ion, yin, need to show het seeethisp. That . . not • proper 9,44ton. I object to the foundetton ad the predicate of that question. NA. TWO An you dun? MN. 40:901.0 I an row. 16 In SO TOM 11 0. tio you went to sly te refresh year meaty 18 a to wh.thet yo had any adVdt•MOOM with the Wad who 19 welted on up. is ['stein horn in Mach yew told 20 het that you went to collage sod hod jest moved dews Cron 21 Chle7 22 a:. 120•011). Objectled. ObJeet to the 21 fere of toe question. lock of Coundetteo sad 24 pcnicatw. 25 hi t. /COO Ft air Fa 1455 Par estagotralkoRlb 500)001 0 10 %. FL 33401 0 110 n5Or & Associates •••••••••saraila‘laa Nile 36 3 that uteri yo IOW to restele about your eV that you 2 sald le realty Dist So [puler wooldn't realise yam were 19100/ A. M. I tn't seamier saying thee, words ovally teems. t fl oater tolling her that I told 6 totter I we. 10. 0. Doss It sauna right to SW that no told 0 Detective ?Adam that you said your age ieelly last to 9 Dpstolai -- 10 w. 00)eetion. haled lad 11 12 IT l MO 13 -- so he wouldn't thlla that you more 15 16 17 16 19 20 21 22 23 4 25 SR. maws: Cbjeot100. Raked and anowered, %dell of teenteelen, alloClobroht et her aa ttttt tOetimoso. She's already aii•Vered that west in. et IS. 0. Ta ion mower It. M. MOVOLD 1st eti2octloa. tee been asked and 'levered. Thu rag. answer. I ...es mad. !TO objection. TmC tillIKSO 1 locust the Ountioa. now. J • i65SPilakesZallil-S06;500441Nlitch,R.33•31 EFTA00185255

Case 9:08-cv-80119-KAM Document 15-2 Il sor Si Associates Pal* 21 lit' M. /SIM 2 Q. • Let a* put it aaaaa . Does it 9.314b4 tight to yoo that you told folottleo felon that unto you Hod about year age to Jeffrey [Donna. you fold it telly feat bawl. YOu 6 didn't wont to make It IRMO 10u/ pow cent :41n00 Ma. LL0P0L0, CISlettlort. Wok of e foundation. asked anti snoozed. 9 TIM DITII451: I Could have postillay said 10 that. yes. 11 /IT M. ytlin 12 Q. TOY dlide••1 welt Me. Lp to 4.30- that 13 you tote lytag about yeti .0, right? 11 A. Ce aaaaa IS 0. Ts didn't .rot Wt. *Stela to know that 16 you revs not It yet. right? 11 A. Conant. 16 0. You noted Kr. fnef•In to holl•ot that you 19 really roll 19. eight? Correct. Do you totoOtt when N. %potato coked whoa you rant to «heel? 20 21 22 23 0. 0. hed ni told N. Cpstsln you ~et to 11•111~, tf9bal 41 - 1465 Feb DINKA ~ 50 70 ~40,1% »CI ----•-------.--- tiftrnsor & Associates ............~... 2 4 S 6 • 10 Il It 13 11 15 16 17 It I! 20 21 12 23 24 25 eM1. taardnO: elect Ion. foindatios. Dar 39 that would do that to • witnesses or to a pun.% that's sitting In this Chair to ton •Cting orally. You can't ask a ~ties like that. Two an do it. bet it'a cot proper. hod I'M auto no imor•e'lttlitnef that way. atuiely not oudeoliy. M. Toni: tali you stop? M. 1401,040: V. not going to stop. MNwt th• toy roOa •akIng that tiplestlet Is inproper W yo loaf It. M. nIN: Yoe're Ieetne your sal. SY M. TOP: mg toSI.D. Trait Y. Va vary cola. Men 1 lose toy CFO. you'll See it . app. Thit I do Imo lt. ST M. Mtn 0. M. Mil Mr. Setoin never eats) you to do anything otter than oasts.* hie. olstanett A. Incorsott, kw000 In eased a to tote Otf *rho. or that sold b• two things Is'. sated to ado. Q 01M« than Siting You a tat. your bra oft, Of. Insteelo sent sated you to do anything olio Lin other than sent.. snot" Men fer..1642.1771 1655 ht. badl Lain Ilt 500. Will NM 1,110L n 33401 ; Entered on FLSD Docket 06/30/2008 Page 11 of 35 nsor & Associates 3 5 6 B 9 10 ll 12 11 II 15 16 IJ 19 19 20 21 22 23 21 2 O. 0. Pane 34 no. Na that the troth/ feet. no net to Petal Dole. tight? Toe. fio you US to ttr. [patois *gain Correct? 0 14 lllll ngta tee allege that you told Jolt's molernet that yea wen •ttoestinif A. I 0.1.'t user heels the. coassation with her. Ito I t•011itti.t low a that's. oho. 1 told. Q. That yes a lit. Chown, won't It> Na. LI:0•0121: as j•Ctlen to the font of the cocotte.. lack of f~tIon. 'We're making an asomption. She Foot dianneed yon oho oos"t toll no that. lat. TM. direalog objection. Amt haw eau 00 that. Ht. InOtold• M. ~CI0; il, Cast awns that gp,ratla. The way you phCall.14 that gel you're putpcsly neltng hot net be hen»; in hoe teettliOny. lb* Can't snorer • quontion lino that. She doesn•t zealot. le then maw soy, .1* 'Co note lyino• /lot'. lePeltor and you avow that. That'. net a groins pestla. 44.4 any attorney me es Fax. Mt nn 1665 NM NIS V"ahe SCOWS001a r1.32401 2 S 6 1 B e 13 11 36 11 IB If 20 21 22 2 24 25 & Associates ~not Toowtes. predicate. Tye •1M65: correct. of S. SW' O. Inge 10 You %old the petite. in your Oectin. that yea did not whack his off. right? Conti. Sat doe. that son? Sect. lit. Saks> off? Yes tent Sat don that sea? ItittuzlotIng. in. Anoint never tried at sy LIM te grab 0. 0. A. O. Tout hand. did >47 setsb soar tried to put your Pond attodont. did ha? M. At no clue did has ton* Itt ?Stele' a pall. Old Tot 0. And h• did not tooth you. Correct? focorteat. NO. roe told thi police. 'At 00 tine did h• leech ton' tine you lying Ze the police than? A. N. Volt. I won't help fully troStal, at I wan'. lying. - rot Ilt42.1771 soor-Weitee" PL 334°1 —nessereaseuSila 7§e — EFTA00185256

U Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 12 of 35 *Isar& Ascor;ates twohmiwww a 0. 2 Wholle Yew that 'at 00 tim did is tooth pt.' Didn't 9 you my that to the palter? A. Yeah. 5 0. And Wye saying that wt we net Pally 6 etechbil. 24 that Mit wit ,/ mime neat 7 A. correct. 0. AM teeth sables if were net fully 9 intlitol. Mars net • W. CerrectT 10 Ae You took that out or contact like imilY 11 Md. I didn't eta like that. /amigo. ay Pact .td -- 12 M sow lept his him. to Mamie the maim too. 13 Itat•• Mot V. LOW to say. 14 0. Too told the police. 'At too time citil 15 much ne.• TM oyes with that. coteKt7 16 h. M. I dOn't pep with that. hettm ho did 11 10 0. Old you toll Um pellet that ha dad not 10 touch W. yea or nol 20 h. It's • peosteitlity. Mt I do net entralmt. 21 0. Muni. AM yeti did ma ham any typo of Ma 22 with Atte. tereatti Pete 41 too told the polity mica when you epok• to O. And you did net ham osy type or oral pc wire AM, tettette En Memos • Roc MM . .17/1 — — iiislig7/00nakastar9.**400AWSSalkiltVL 3). 31 4Onsor & Associates .....,.......,—... 1 2 • 7 to 11 12 19 14 15 16 17 16 19 20 didn't you? 21 IA WPM., ObJettion. 22 fi t WOWS, I gums se COMA my that. t 1 M. 1.600010: ObWiMet. Lack of Medicate 24 Nd tombwis. 011awthatootertiettion Of tattler 25 teitisony• Page 43 things, but it wasn't Joking Wit It at MI. 0. You 501.0 OW It. didn't you, ho. You Mkt toISthat le Too did this stay monied wed ha rich, didn't yea M. ve t's Met fold M. Ion didn't 1•11 that to MIP p. tewrei Objection. Asked and Mewed. iQ W71007; do. SY Id. 12110 0. After yaw lett 40etalls'• noun you took the adnay ad yea mitt Mopping with -tied the ether girl la the Cat. cermet/ A. inearemt. t dIclet mend any of the 0. A. 0. 704 vent to Wing roil vent WM, yes. Oat I didn't -- You weet sMWIM with ama at O . Ph. 0107:5010 560 .was _ O 0 sor & Asseriates PIM 42 2 Q. Al type e nuns .011 Jell, metottl. Ceec•cl. 4 All tier. Nit 'a tale &ban that hmikeied aft.. the witaim miaow. 6 A. Okay. 0. After 1M swam pm told liptteM that g you mated to bring mer bile Matra hatli se aM could 9 tat. Mel eoney. <mutat? 10 A. Intormet • 11 0. Tend tom Motor to es right/ 12 A. detrital. 13 0. And you loo. Virmty nutle dent you? 14 Yes 15 And Men you left to bow yea wait MAIM 16 wan red other 91.1*, rootlet you? I) A. Intettmt• 0. Well. Awn amp,m4 Ma *thin girl in the 19 tar that day male [bait stetowt• to tho poli te they 20 told the poll o that piu +ere 3ohM9 atonwtdii• Are you 11 toying that they won tying to the pollee Wet that, 22 A. M. OM • Watson or -- mottinnt Iron 23 Ilk* one Asked m oneetlem, hot It wasn't 24 losing. fbe MD kW of We in a happy ear. law, e did yen OM that did yew del' alle Mom kind o/ 1655 Pik; 81311.7artet30---Weat PilintlePalat 3340L___ _ & Associates Napa 44 III PM WW1 2 O. And Illiborpht • pow, right? 3 Yea. • O. And you wall vigil Mr the wholit tiro at 5 Patadelr.t, cornett 6 A. 7 0. It... toll -. about Mon the rational ▪ prOittegtora told you about getting miabeemd. We no Ida. Wt M•'10 talking Witt. 10 foil •• about Mos the ['dotal prosocutots 11 wed to you .bolt mitten, easy you feel yore Witted 22 to fete itt. tbat•In• 11 A. I don't Wm Mat voters talking About. 14 M you tom WIEN ,.? IS no. Mt. 16 0. 910 you ve t neat with any Potbeal 11 prone. 16 A. t thick -- yeah. I thin% they wore I 19 OWL they ow LW 20 Old you mot with WW1 21 Piesittutots> 27 A. they disc to my Mom she two. yet. 23 9. whom did trey we to met heum7 24 h. wry loon no. 21 Q. Mu it thla year, /0001 5f1.68.72/903- Fo.IINI1771 1653 Mw Ikea Labs 874.7.14.6%300t Wat •Pet. aseM4.33401--. EFTA00185257

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 13 of 35 nsor & Associates O 2 A. 0. A. Nutt ...weweNu Y. Page IS it woo not dolt year, N. Yu It 20011 I'd hare to toy åt heat tee per* No 0« a 4 Not or. yo'. So It ~Id Se 2001. 2004, hot It woo • soils 6 7 9 10 11 12 13 14 15 16 11 14 19 20 21 22 19 21 25 O. MN any taks•l preueuter• or NI Newts GS to yams Model A. Ill ozyleq to tatabor. I erot te toy fair people cue. • O. Old Nei glvo yet then butilieso eardil A. II they ad, I don't caster. and they earoe't toward Po. maybe n wren. an this. poreal 0. Did they tin ye. [holy cola phone naubeCt/ Y. O. Old TN ~I Wok to tbs. tel theft cell A. Yip. sir. 0. Did they pink te 70». patents? A. fl at'. ~Nips ?wtd Mw to ask ay 0. yoi yea Nee weather they ma* to yen portet•ill O. se. sir. Yo. berg no 10087 Ph. Fit 1(155 1~1416316 164, 500— sor & Associates 1 2 3 6 7 e 9 10 12 13 le 15 16 11 16 10 20 21 22 23 24 25 art M. Inals. 7N eel •4•N‘' 116. 1.1111414 Okay. I wouldn't keno. 0. You *art beet PIN* 11 M. LNION: Objection. Attorney/client prI•11•9•• ST Ilk. NM: Q. tad yoo goy yea ~Pt know as Port Slaran Lot 0. Deoo It ruff!~ pet tocelleCtton that he's So ember two Nowerater at the U.S. Atcornoy'• 0.1fIcet A. Y. O. That ho•• ca••• bons/ A. Y. 0. Net It tyfon your weary that bti•• the eo-pitomo of NH arve, the Ilrat looter No sad You send 11t• atom ari your Opel( for fifty ordlis dellån/ A. 1to. air. I don't Moe who le 1s. 0. sltheet telling se any ceautrenteho that pure* had with your lawyers. hoe Is It that you selected Kt• Nets • 5 your INV« Iron the 51.000 When of the Nina IN OIL:24M 1655•411 46646144.544C O CJ ) * se- & Associates -,....,..1~,STIN INg• 46 A. Mo. sir. M. 1.00060: Objection. Ailed and 2 onneted. 4 OM. MIN S 0. SO 11 I ny the nee to N u am 6 Yilbibies. you Nutt Niaw who that al Now sMY ANN and len' my eon one to 9 T o Men 10 Il s 13 11 15 14 17 16 19 20 21 22 23 25 I went a isny two bidlee and two ptyo. Did Neon* Need Jeffrey Skean NOS to yell. Nona A. I thei't NW ass. sir. O. 00 yea know who Doff fey Slow NI A. N. Pie. 0. Clo yet hew who J'effroy Mnia 14/ A. 0. That.. the layer who flest and Spytein os ynr nYlf. tleht7 500•11 au In. Noun •Pmetted piet hally any M. LIN101.0i hey coriertetlere that ~et had with At. Soso 'Nordin.; Not Issue. yea are net to doubt.. II ?<sure leaned in wee «Par nss ., "ARPIN; 7" sor & Associates 2 3 4 5 6 7 9 10 11 FIN/do lerl A. O. A. O. A. O. with bla. INN did you spit els/ A. is. ANDIN In sy -• he showed up all Islord. • Noah nag* 46 I did net select Nu. 10.0 did? py fothot. Did yell *wet Not Mr. »men/ Deo•t don't tolls Net yin discussed 0. Non boon/ 12 O. . 1 2y. titoaelleillison.he omt e. ast toset 13 L4 15 16 It 16 19 20 21 22 23 24 25 ?stern, 0. enOeie you hove a rein. with Ida at A. Yea. I /Nut phi could say that. 0. 0. AM No Si.. won UN* , her le“ Mod Nat woo that riot», about? M. ~tarn Ole»ctlei ottozety/clIont Polol sen. by 0. Put tlistuostonti did you That tells for leve //IN - • 1 09,1111:ast4 HU yen EFTA00185258

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 14 of 35 0 0 iC) * sor & Associates .........ii.-4.—... hoe 42 1 Mt. lean in the prest* el eaEt 2 A. 3 0. at ~Mims did you base la the 4 )valnes of Mr aunt? 5 A. Oa ny aant2 6 S. Oittedadia: IV» the martens*. amt. 7 at M. nit Oh, el flat aunt. 9 A. the slaty one that warn toes dlecoaaed or 10 ant bad. 11 O. And M. yea wed; In a comaysatIon ulte 12 Ac. Mate and year mat/ 13 A. yea, alt. le 0. lad you discussed privaled•al natter. dotlag 15 that tarmnorm? 16 M. LCCIPOLY ta lent V> the rent. I QOM 11 you .lat Mn 10 aducrat• bar m that gulitlen. III t M. Ulan If tea filmold the lawralta 20 Yea. 21 co Ott INNS I•11 yea Meat any 22 conmantiona that mho had rus M. mama? I) h. ha fun Pa cenfdyned. she' a name spun 24 or •b• •• never had a COM•ttli lea. Noe Daly opened to 2$ door and then Ian. Wert the Om who minetrad the Cool. _ Pl a 9.5%2V5t0~-1~32 ,201___ 1655 vatn erb% sor & Associates 2 0. Mel to amoral that any Of that Page 51 • sea et rhea era at old IC Z>, wen 4010 by the t etteraret that they mule get many at the end at the • criminal pzearreution. Cans Oat sees, tamalltar to ?tar' 6 A. We, str. • 0. Othsa than alt. ~peke het. -- rut set I makihe Yon Yr. at tain ~an -- 9 A. Cea-hda. 10 O. tb yea that 11 you veal. at ranetraraerat for your ~es? 12 A. to , oar. II 0. Old yes ow any ~Sr -- It SR. LEOICCO. Are you (*tarried to • 15 Catalan tatter ea • *rail «toast 14 Of NIL titan 17 O. Did yea •r any ~rr •• 16 3•4 4.1010301 MACS» we. Let we mint to 19 the Corn of the 'nation. 20 WO OL. Itin' 21 O. 010 yea or my ~sr of your tasty goer 22 at • vista «it I natl.; le te. fa« 441/0.47 23 A. 1 no »mat fl oat at that resift«. and 1 24 sosidar a t knew. 25 0. go yen. teattardry la that yen have saner -1655~ 500ffloWL21,22401 4rtinsor & Associates Page 50 0. a-y did tam watts. tat. pleas at a a—, 3 A. 1 flat tin night that nlold et Mr house. 4 0. AM ear* we tagal 5 A. A dui* Mo. 6 Sc.. p. long NO? e A mina and a half ago. is oweining. p. A øenrIt. Ye • halt ago? 10 A. 06-ton. g. >e +is It helot* of elet gr. »risen film 11 the y-al 1 ten-del tar levant against idwateinf 12 A. Alta.. C) 13 O. Old you rat with an I>1 Want mead 31 IMO kurk•ndiaL • Metal 15 A. 16 O. Old M. gualcandall *yam, to you about 17 atria! xabibutaed (Cm M. *stein? 16 A. I'n never had • alarmdon with anyone 19 *taut getting reimbursed tots Mt. testate. 20 0. Mn geo eat with an agent mood ein 21 22 A. Mt to ay nnerlofta. 23 0. Plows« ...Tat lab" tre tttttttt~? 21 Yea, air. 25 Iles about an agent natal denies OttS•? C) - " trelitte F". ...------._ .12:jfirtfarrses. & Associates 1•99 $2 I and a rictus notilitatIen feat«. correct? 2 3 0. M4 year test bow/ IS teat you don't know if year pruta have .t e ramind a •Intin netitaMtio• lettet. enamel? 6 7 0. Ilan yea gin any *nano. to e or law bolercesoat I< the. <an? ghat 0i agg sou by evidence? 10 O. hall. ~kind that you Can teach or feel. 11 A. M. l2 ID. 10010W: to the tom of the 13 ~AIM. 14 WC Ttill; 15 0. 10 you italPori.t 91••• 103.0469 PhYnal 16 A. M. 1? 0. -- any it- to any peatectat or. police IS *friar Of lay inlorts...e NMI, cornett 19 A. Sy all pl.« ilt years age or than arra 20 age, bat mars it. 21 0. Tow gava your tail pbett• to ohm? 22 A. IlleissIl• /nab 23 0. Ind one lag It 14 A. Mt Mr. 25 0. You ion it te Mr ad then yre didn't get 391: SW:0505 7 M -- 1655PS Bomb LYS MIL Sat 500 • West Po5n Obi^ Pl.. 3)401 EFTA00185259

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 15 of 35 0 & Agates Page 5) It back at the end of the Dentine, 2 PO. They ham it. P. 3 wowing. I Mat he, tt. Noe such co y ••• yea MI MS to get out Ot 5 w. lintels, 6 M. LLOPOLD: OoloCtlon to the term 01 the quest100. AttorneyMIMat B IrT M. TIM 9 0. Am ouch way an you hoping to get. pa. 10 yearanq hoping to hat out of chateloi 10710102 pre. fw objectIchi 12 attorney/el Met LLLLLlase. O 13 ke't Man the question. 14 AY M. UM: 15 0. VS MX balm Moot Mitt yaw lawyer told le too. I? M. IMPOLS iltlite•Ctie9 her not to IT mane the question. bombe My Cr those 19 Oinverset lens insole, her causal. 20 M. in, Cattily that. 21 M. MOMS 22 CZMITICO COCCTIOn 23 n M. MIT, 24 0. Now. sir Tel lied to Ott out of this C) 25 Orpesitle4. tildn'a Teel CMS nal, -950 06C- 11. & Associates 1 CUSISICO ngfITION Page 55 2 87 M. Milli 3 0. Yoe sand rest tieeet '- 4 M. IMPOLO. Irs Taste and mblemems. SY M. 1811: 4 0. You sated your co-sorters at the Cnrtertleck Tavern to i.e ler you. ditin•t no? B A. M. I salons. sy Isis abut what was 9 gels on es4 he told en that Is would blip in any way 10 that he um II 0. nay You got yes friend-to IM 12 by mitts, name tan with Pee. torrecII 13 h. Incorrect. It was a atinCideste that sant 14 sight AM sea not mach her we tas she yarn inning 15 aloe. But I use else an marine -- I was waving my 16 Mee tag. Mersa anatebes an. tags. It ant Pe tioppono it was a faintness that on. night the people Ifi es with the pawns. 19 M. KM rill yea put up Yachnit 18-0017 TO M. osuenitinw An mart 16-001 for 23 idnitlfItatiew purpoon to this deposition. 22 M. LCOPOLOI Item •f the he.,. boon auk*/ 23 Yet. Mn n• hark the and pat than as attaciatet 21 to the depositions? began* i thins you're shown 25 thin photos now. And this in the only me that --- ThresiiirceingiRAPPLorsr - O TJ Cl itrisor& Associates .........-.0,-,,. 0. Pegg 54 Isch sir. sou dint waist to con to court today end 3 toll tle story that you had told to the police under 1 oath, did you, M. LCOPOLD: tO3Mt to led for. of the 6 potation. nth of foundation. preOlten. 7 7th M. 1 nee no pcinIth Mein B Mr* and talate/ to you. BY M. 74.111: 10 0. And to steld getting seised with a lawful 11 sat9Cona, yell lied about your Oat daunt met 12 13 0. An in fact. yin lying yoatmlf vals• t 16 o:wng4 see IS M. LL0108.0: tin•Hion to the fen of the 16 aptation. 17 (wa s t amen' it. It's net a quettlee. IT Mien to TM fern of the meet's*. Melt IP et tOalOatlan. 20 M. Kip: Are you instructing MI hot to 21 mime) 22 M. ut0/00: 23 Cattily U. 21 M. SMICCOt Pleas 25 sor & Associates Steen ISTateeffea. %AI been meted for identificatios yst. 2 IT 52 find 3 O. $ 6 10 11 12 O 13 II Is 16 es M. fill: I7 18 top s the mtesn. be you see Mal If A. bp. 20 0. ISO 19 that le the now 21 A. on the Mtt end no tot the MSS. xx 0. rinn 23 21 0. a Toms friend at the 25 Setterditek Tense, Eight, 111.-- Mee 56 M. Loosen.: Wald oe Jan a second. Just so the locoed la clear •- XS TAM I'n not spurting to yin. M. LCOPOUlt Okay. Than Ster t MSS to se then. Pas Met to Nr. Coletereer. PitthaPa• but at least for the record. ten se pat on the Stand Mat the preview two photomap/to ism noted for ibnt111ation M. 6014Intiant we wilt oats hire nut t naiad ih cites at tats sod of the Clepteltle• so that One's no anibigelty. M. LIA•Cga. Must pit. O. VIII put a penostsn mend 11-001 EFTA00185260

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 16 of 35 sor & Associates poosiellosomtoolo (7) AssE)ciates Page 57 Page 51 Jakla for you. didn't yew/ 2 Yar friend, Mw you ay the day 0. S 2 e. 1 that the process servers ant to Cna y** with • 3 M. =POLO: ast amebae At. It Call, for 4 eapeen• tale atahltia. lust happened -• past by 4 • fee or no. 5 teintideoce. eta wearing your nasa tag? 5 TIC NITICAIN 6 6 CT M. Tela 0. /ad past by coanclasnoe. you om waking 7 0. Naw you can explain the lbard*r that your I har an. tag. banal stepped pa (ta ealeinlet 9 A. iss. 9 A. Okay. t work at (Matterack end people ID O. Yew Lestioay under oath Is tawt•• lat. • 10 were telling M that people weta looking Tor be. Se yea, 11 celesitlewa, Tight? 11 I as hare that people nsa aearchieg for es. out t tad 12 A. Total beaty. 12 no Plea who they wry er whet tale intentlas were. out 13 0. ;t lat agata Lea w ay that you weta O 1 tacqbt they were past paple I didn't want to tai. to. 14 going to be ‚erred with a eubpasks. cornet? 14 De t Just didn't went ta talk le ara. Pad every tam 15 that aseal• t the day that IS thorn ass to work I wa t t there, had to happens the 19 M. ISOPOLOI =plea aman the 16 night that they Cate la we eta ay friend .witched as 17 goation• a calla fot • yes or no. 1/ tak lie big 4•46. Je at Wiana twe. Is o. time' • • sae. Isn't Itl 19 a M. tyla: M. L004040: Oblatice. Port'" answer that 20 0. Too sald that wasn't the firet day you sac" 20 µetion. tuta haratania and I will not selw 21 rag te be -- pn taught you wat bela arat with 21 it. as sald sak the gastaIns end we'll allow a 22 22 Posy ta aka that determination. Nut not counsel. inapoone, anten/ 23 A. Correct. 2) will not Alo. har te sandr that 24 O. Toss Mak abate Ins nay that you altana 24 µat/a. CJ 25 naw tags alliinatket Um prała asan went 25 M. nit Certify --- 14/355IIBTBITIC171;...MR.t rs. ,4, Wieacl i VR- 3340I----- O O & Associates Pepe S9 1 M. LCOTOLCu I'll entity It. 2 CARTIPIAD CARATION 3 lhes otwared Sat question. "hare maga•lee4 it flue 4 tads •Ireagy. the fast that Counsel deess. t Me the 5 manor. tata • gony. 6 M. nit Stop nalane ‚Palla obJettiono 1 M. LSOPOUN l'e Mt. Ike not alt to up with It. because ire in appropriate. Jatko 9 sad you Loom It. I „sil sol allow geseasel te 10 banta • witness. tama< IVA In • aplanat cek* Il or • ci•il osa, watka wy et/at ł -- 12 M. thu s Calu awn. 13 • M. Mata kucam m. 14 No, 1St not yang to alley it that le net 15 Payer. le M. COIDOMOCR: Okay. 17 M. lialath If M to gay that sara le tylni .(tar akta it awe tad. ad he. 19 *salwinia‚ In greet detail, Pw nam de that. But 20 sot gang to al/w ar to man, our be 21 harassed by kto. It•• Leproper. 22 S. OOLOOINNIOD Okay. Net your teams. 23 tost canal aleees't lita the gratatles -• or 24 dessert like the akson -- Just In na fiala. 2$ M. LWOWI Abso I won't tang O O O Pau ffi n t•e90. M682.177I 655 Pahr ESN 500 4447 6.0.1 - 33401--- • sor & Associates Page BD to kutia -OK you. 2 M. wanta wt rewir/t o• to say we like tan enact to that µat/on. And lc's net 4 yr. and I er you and Nr. Tein oba ara testifyia 5 bero. Lt's the winien. 4 M. 1.104.050: fine. at alter tan natl. • tins of asking Ow sea µeaten and thalo Kolny O bak sad pitta a finger at bee and saying. 9 • toirre a Her' 10 M. /tal That alert tama. 11 M. LZOPOCIN That's fine. But l'e not 12 going to allow het W maro( that Watta, 13 barana area avotretwt that an. amnion aad has 14 explairied it. 15 doe Covoma eight be sitting there rubbing 16 kie heed wits • again. Mara his prob 1••• 17 Nut if lm fart sak • µat/e *pian aaaaaa y In a 16 professional anna, ve will lean. ( will net 19 wow har to be berated like that. 20 M. GOLO•Cala atoally, arm nety DOPY 21 with ta Year. 22 M. LITNOLIN Mt'. gitar. 1) M. GOLDIN:ROAR: a you wen os to get Into 24 that? S M. nu: -6.46 — 163514161132474124as B44.. 44:630WedriC14141 ----- ' — i EFTA00185261

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 17 of 35 if & Associates ibee Cir eifeerie. Page 43 1MØ: This It really ble stuff that rent gain, annul, let Inuit flaw jut at 3 rug gestic. cia sou on. Wit do lt sae gas. s It yo• tout understand It, Ill let you tallow UP. but I•• not enini to ales you to malt ter ea 6 quells its and again sad than all her a Jut ut the question. eel the unite all you te e the nut subject atar. 9 M. ?W11: Tod. Ver sitt fisi steet actin* 10 the able feu yee. 11 Na. Lt01914>, Tea, att. 12 M. Tenn alma be gitt. Melt ill. 13 M. l.31Ø I sell net be sott. 11 M. Ira, Step millet. 11 M. Me/Le Lavin, Wen re ally 16 yOU'll law it. I will not -- 17 M. TIM it how is tea Nets. 10 la. LIDICie t enamel yea Clem new> no 19 Sala. Mf. Telt. 20 le. nee You watched gm toe who ay. al 21 Uwe uncle:elan Nana SIN yew eat In the bean 22 el the cenetena. toe should bow who I ea. 19 ea. Carole tell. that'. ta {sodafan 11 tea at era sos In tee ~true, 15 I "lie at be gal« .-- T4350iffireieFlit1"500~ - FL F.L - 3340 sor& Associates P898 43 1 0. Mene ton you when _told this 2 ~ors that you an net at at Pert•rdock Tana? Lacag sedate. 4 0. At UM Oranowwk Tavern! Yea. 6 0. eibat did yea de et that eft IMa , the maw amen tor lya? e A. 9 0. be lest got hia te it. for you. cildn•t 10 Yea 11 A. M. I bad se attua a hei sayscg I 12 isn't then. 13 0. aci toot that tae haegi1 14 lan't it ten that Ia. Cpateln•• puree 15 aerate had to uk the pol ICI to froi you out or the It Clettoreat .0 that they could worn you? 17 la. ILOPOlIn Obyntion. Lack of 10 («Matt«, present*. 19 at M. 20 G• Yee an soot tae cimatles• 21 M. LIIOSOIA, It you knee Oset 91•841. 22 net WITelLIS: W. Con yaw repeat the 23 met ime 24 at. bela: Den't coach 25 M. LIUPCNO. Con't gun. O O 0 Sisson & Associates 3 6 7 ▪ M. 1115, Met 62 is. Stilly fleet Obeseleei. step Meat OblUalne. It, stupid. Ian Si Mehl eltli O. gust Lou. Me ~MO" I wilt all the record. S. Mtn let's get On ultlf 124 <rotenone. M. ~Let ø ym ems • brak> 12 33 lalStratt. 14 smit it true that lying to nevoid aisle 15 la • ramelpitte cio to yeee 16 A. incotna• 17 0. ism li Mc Nesetert ttea 14 A. 1 Mn Mee. Weld you Ills to boa,. 19 20 0. mo•• the Ode "tie lied for you! 21 A. 22 0. 21 A. 24 Q. iraererapos. 0. °W. Ulu you told your allsti i 10 et Ilee ~aim& tmera ~rifling lhal. us• going al il W bt tad yew be would help you my son he mild, 18 Idd mei Is the hstaa lira the man semen, cement ion whet did Moo tei Il• for yea geld I hasn't there. AM MA did ha tee, ...WI there? 25 A. Ask h,a, . lit.r • fu. 1 Snsor & Associates ag.,....—ki..... lam 44 1 is. III., 250.•• a ~hit • 2 M. ataleteh Po. thit•• as !Attraction to 3 the allele. 4 M. ?CM Ne. Wm don't do that. S ill VIIMUS: Can you rapa* the question/ M. =Cad, Get 0. jthei state fee the .7 Iff M. 1296. 9 0. Once the solbo. -. Isn't It that that 10 W. esebela•• prongs tern. hod to hok the sale* to 13 at lys at of the dial so that teat cued urn 12 nut 13 lacorreet. Ity eon called the police. 14 0. Ma 0,14e the pence meow op no 15 ere lying to avoid enact. yes Ma at touter Ile that 19 the proo•ie Penn, had Inanard you. Isn't that 17 carnet? 10 A. Ireconnot. 19 0. Tow II* W OM tire den't you> 20 M. li(401.0: hopale. 21 TM OPITIOtel: helma. 22 ST He Tenn 23 0. You hen • Nylest. MIL dart /91, 21 n. NO Hein do t Mn • teepee gees. I 25 deleted St. %Lift ex. fa. M r7,1 IC ØI — -- 1655191nelleady Isla 503 9M2901.-32101— EFTA00185262

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 18 of 35 0 0 U tiOnsor & Associates Money r.0e 65 Mendel yes delola ye. Mende pre42 2 A couple days 492' 3 0. we. told you to tate your leySpece pope to... 4 • couplo of days mo? 5 A. Mobady• I's *Mk dad tired at elyMoco. 6 0. roe all of • eir00.4 pot sick dad tired of • OvIlme• and lust a ter clays berme this deposition you 0 MardeS to delete your rfrap•Ce Page. totter-0, 9 A. correct. 10 0- l• that pout today mem oath? 11 A. TO. 12 0. Did you take /MI IVIIII•se page gown because 13 7°U 7506.15i the goneramt sight satpoesa it? It A. IMetrect. 15 0. Meet yew Nylvace pap bean up lot over 16 three menthe bolo. you took it Or.? 17 A. Correct. Out I also bad We tons of 19 nydporos over the lost yens. 1 jest get timid of that 19 and delete then because -- &ass -- sod sake sew ems. 20 0. More going Le talk about that. 21 Mr yea deleted your reflood page allot you 22 eon ninety under subpoena far this deposition. correct? 23 •. Cornea. 24 0. out Moot the teepee pope didn't you watt 25 us to Willa fit • fa. - 16551.1.5.1011-Ahel En= Sure 500 elch, " - irthnsos.-r & Associates Page 6/ 1 0. And .4re Is tb• one body ...... n92 2 A. Molly. 3 lases did yarns get that? 4 rot birthday. elth s0 saelambot aId try • lathe. 6 0. Pad Mon wer that? 7 A. Mos 1 mos /4. O. Okay. M yea had that body placaty tenon • you ant Cpstont. cermet, 20 A. it eight have been, or oaito that yeah. 11 either ay 14th birthday Or ay 15th. 1 honestly don't 12 [member. 13 0. Now you've lied about your age to at Into 14 bats by using dilvere limns. that enn't pmts. 15 correct? 16 A. Incorrect. 17 0. Are yet sworlog reader oath that per'•• le never eaSe that? )9 Tee, I swear leder oath. 20 0. And you've Ilea about year age to buy beer. 21 corm° 22 Incorrect. 23 Teem inserts. water oath that mew 24 never Iled to stereo about peer HO) 25 6. l • re tont lied to • *Oat ery age Of Ph 5, iaME;Far. 0 0 2 3 nsor & Associates rage 66 A. NotkIng. 0. Well. vent "Oleg MI Lone Mt Nyleme In • second You do that. 5 0. I C doing to en you us question 6 about My you In about YOU An so often, *Amyl 1 led. LVOIOLln Cbjectlea to the foto. Amamntatier. AY Wt. MIN: 10 0. Yoe Its about your age all CM time. 0Ort•t you, 12 Ia. LLOPOLD: *bleating.. efgeneetatIve. 13 tag alt11642: Incorrect. 14 ey M. 11111, I5 0. You Ile *Oat year me to gat body 16 plowings. don't you) 11 A. tneetreti. 111 0. rue ham body Mezelnee. don't you? 19 20 0. Tea ham four body pleittloms Isn't that 21 Mint? 22 A. rive. 23 0. Other that. the per/clogs m your ma -• 24 l'• net telling about that 25 A. CC Lee* An just one. Fit Fax. - Pan Inn Lett 6051 11te 500.1.034154L-33401 - -- .._ Ori erentase Teal.. lit sor & Associates Page fdl 1 2 0. You my to leek ouch older than you are, 3 dos •L you? 4 Incorrect. • 0. And ryen lied about your ago cc your 6 lothlor• Pages. don't you? 7 A. I.eorrect. • O. A11 ti ght. (AV. look at Lithiblt 26-01 One 10 118. 04.1MILAIMM 26-4011 11 le. Igo. 12 It S. Tint 19 0. On ,1111 One Yes lin to Annus., that you 14 von 14. didn't yen? 1$ A. 16 O. Late 90 to Exhibit 51. 17 Nt. ACLONLRYtIM that's 11-00I? IS TM, Correct. 19 BY NIL TRIM 20 P. On 00. page you lied to every.ns that you 21 mote 19. MAWS your 22 A. inceareet. 23 rel. 1.4•01.050: Just answer the ...atlas. 24 int NIter.S.S: On. incomect. 29 it PM Mel 0 P1 FAT. ' 2- '1655 Pliffilleeth lag 5001 1M01.•46.5.140/— •-• EFTA00185263

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 19 of 35 4nsor & Associates *nsorl ii Associates 2 6 B 9 10 doge 0 en you C••• captain your «swag. I know that t ken seen 01 et than and I now that Ibis one to area. Can yoa go done $(1. LODPOLO: Joel for 'dui record. you're pelattog to the photo. mc t's pointing to .. er MR. terin O. In'po gelning to the 00., whore tt soya. your en If 114 ) 2 3 4 5 6 • 9 10 Pon 70 A. correct. mot. ••• • 046 *gay yoon. ago that you had to be la to am • Itydp•co. 0. Se YOU lied neut your age so you weld rost Onnnoce. right? Q. let'. 90 bock le Us %op ca. on thlo pen. 041. An you tintlfying no. under nth that tala ilynoc• page nor. IY Indilm ans. "Nino 00 hava eon fn. • and the location u 911.5 so bet. obbrestatice for • 11 Corrott. 11 Lotakatchoo. and ti e doe la It. ad it sona C) 12 mot's yours. right, Correct. That's aloe from • conks noes 32 13 is it yew' teat's:eyelet yoo•La not pan than 14 age that I han on ken on. booms* I teat en that. 14 Correct. 15 Plot» nod ring en. paean. odd I think 000 It. 15 0. no let's 98 badk to the ono that you mere 16 betton than', no au-- put that one lp nat. 16 pining to boron cm 00' pow non it days your en 11 0. lo the ein yen pointed to nerd it way. 11 It If and yea lied ten your no to pet diddleatfb 070 7 10 nor ego It le. that's nett. torrni 10 Ch-hob. 19 A. Cornet. 19 All right. My did doe finally put your 20 O. AndWhenyeawrote It n you no On your 20 true an on your tippan four don before no 21 Wynn* page. that raka Ile. wasn't it? 21 ono scheduled to testify before eM droed Jury? 22 A. • 22 A. I don't know nut yos'in talkin about. 23 0. Old too Ile shoot your »Armco pogo bock 23 MR. =POLO: If no dn . { onderotond. an 24 Uwe benur you coulda't poet on Itydpne nits. you nn 24 AP te est the nestle. 25 147 25 MR. 1110 004. 1 Ind. NI. 5- flo33401-- * nsor & Associates ••••.••••14«ankals 1 2 3 6 7 B Page 71 fhi 91Tatill" knee 51.10. Nylon» ne'l• talhy sheet. At MR. Mtn 0. TM nylon doge that you're put pellitlag re. short it say. you one It. A. O. And no nee lying about p0. He. right? A. O. My did yrt finally pest fl ow Lna• 9. OR 10 your itynno profile -- 11 A. 12 0. -- feet din before yea son senednod to 13 bolero the Crud Jury? 14 A. f boodstly dent knee Intch tillton. 15 Oceans I've big in. • barndon ~on. toe in that 16 year. I had toe, that 01:4 oed nether one. And that ono'. 17 been Oelfted. to I don't an lain cot you're roterrist 10 19 Q. you returner that you tiogod your an On 20 your inn% Ann fun 16 to your tn. &go Jost four day. 21 hofere yea ant and t•stifin in aho none Airy/ 22 23 You don't roment that. 21 25 0. Do you rount0 Doteetloo noareyd Did you -Fat .042.1771 ---- 1655401mgeOttaket Ewa., »e 500 • West40~1.-33401-- — 0 Piterle n -- 36$510flach il $00~01010 '3011 & Associates /494.12 1 over net • Oet•etive Onneyt 2 A. 1 ne st Mn the nets. 3 G. Nov pony different detectives bin 200 met 4 vita on this ono fled Pal. inn/ A. Probably • good six es seven, Amyl*. 6 O. Old one of no dotocalve& toll you before, 7 too testtfied In the Grand Jury that you should take ytor B Menno an and put your tree IMO 9 A. no. 10 Q. didn't detective Annoy Mn to con to 11 your honn to Not yoo op to get you to testify In front 12 of the Grand 000 13 A. rossiblyi nano boonn 1 didn't lino 14 tin; 1 no only 14 or IS at ta t1. a. 15 0. 'four~ didn't nth yoof 16 a. Stefan didn't Oily* Ina IB 1 think ay dn. Db. Ivy dud, ny dad drove 19 po t 20 O. Wier On drove yrel 21 A. Yen. oh. 22 O. so your [ninny is Osteetive A4000 did 23 not drive no. fOrIelt, 24 M. LCOMLO" Objection. /asked and 25 ansmatod — 1655 dåll'Ilenh 11M5 Sute 50] ~w ancth-R-93•01---6-- EFTA00185264

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 20 of 35 O *nsor & Associates Papa 13 Teen willing: No I'm pretty auto .7 dad 2 drove ea, beraems he can there with no. et M. TOM 4 0. Did any detective tell you to change Teta 5 ego co year /Fleet, Pate to put mime true oval 6 M. do, all. O. Mw you also lied re your ilygpeo• page I about yam i.e.... d'in't you/ A. Ms. 10 O. And lea lied, saying that yen made a IL *water null.. dollars • Year and Kagan. Correct/ 12 A. As a joie, yen. 13 Q. That wee 0 lie. 'Feet it' 14 Yee. 15 0. AS you also lied ea your Myth/KO Page. 16 mayleg that yea mete noised, didn't yowl Il A. POSICIbly. end that night have been an 18 on ay pert. 19 0. Yea slim Its to tIts talk*. 'isn't yowl 20 A. 21 0. Well, you Feed to the polite is roar 22 tape-recorded statement that en gem to retentive 23 Michelle, town three year. ego. awe., yo.y 24 A. To ay knowledge. no, I did net. 23 0. Weil. yea lied to the pollee saes pis Ph. OMNI __16551999 Mach Ma LIM9 Sulk 990: Wet Palm 11mch, R. 33401 O 10 11 12 13 11 nsor & As.sociates Page 72 1 0. Batavia Mr. twain Rover cans to your 2 dad's POUF', correct/ 3 Correct. O. And ne4MO who verged for Mr. tiettain seat 5 did aedethitg to your ded'e tires, did they/ 6 MA. LtOOOLIF Obbection. Lack of 7 foundation. Predicate. 8 can't guess. 9 BY Rh. 71IM: 0. It's at MN that Mc. Epstein Gloat killed your father, le it, MR. LIOPOLIN Objection. Asked and answered, lath of foundation, predicate. 117 IS. TEIM: 15 O. Tea as ender. 16 A. Ire. 11 O. Na you told the police that you didn't 10 knew who was in the car with you audillion the day 19 yeaweal to lepst•in's bona, didn't you/ 20 2I 22 23 O. And that. woe • lie, wasn't itt It's the truth. O. 1 Id p01 h he sameeme 24 in the car sect to you and you specifically acid you. 25 didn't thew her an, feint? JI aFIX 1655 Odin Bath lam 6h0., Soto 500 • West Palm Sea FL 33101 J 10 11 12 13 14 Is 16 17 1$ 19 20 21 22 23 24 25 nsor & Associates Page /4 1 crowned mt. 'patois or attesting to seeder your father. dieket. yea 3 A. be. I sewer hoard a statement saying that 4 Mr. tpatelu trio. to carder ay father. 5 0. Too nide that ststement, didn't prat 6 ea. WPM>: to you have • statement to 7 shoo her/ that's been imbed and answered. 6 PO. /VIM, l'a Potty. I didn't hoar the unease' answer, NS. Leopold. VI M. Tilde 0 MI you told the police, didn't you, that at. Epstein alma/ killed year tacker, didn't you? Q. Three yeasa ogo. bider* Mc. [patsies even anew about this investigation, you told the police that ttatelo had 'already come to my dad's hoes. end did something to .y dad'. tine and ny dad shoot% died. I' didn't want ny dad to get hurt, because :eft already almost killed Alit° Didn't you say that/ h. Ilea to ay tages1•494 or reoelleetion. t have never said astride; Ilia that. O. That would have bum a eemplote Ito, wouldn't it have Wesel F,,. In= — — 1656 NM Oath Me had, sae - West Palm OsC3JUH11--.- tOnsor & Associates Pagel 74 Corneal. I do at know her now. 2 0. Yea *aid. 'I don't knot. Mr fume, but she 3 was dark like • Spanish girl.• These were year word.. • right? 5 A. run 6 IS. UP/POLO obloction hated and 7 answered. • BY M. TIFF 9 0. Imo qt in the ter that day with you and 11 A. Again, I do sot know. 12 0. It was your mom Maw 13 %siert It? 14 A. Me. 1 don': knew • 15 0. You lied to the police about who was in the 16 car with yes "d didn't yea? 17 16 0. Let as sok you seas question shout who you 19 may have spites to about this case. All right/ 20 A. Go ahead. 21 0. Old you speak to your mita slater= 22 hot in detail, but of count she knows: 23 sheep fleetly. And Melt 24 O. What's at e.ee117 25 — A. : don't think she hoe an trail. Mt 561.692.0905 • Fat. 56141323771 US-9--Pairtalaei -B1.91:54.0M500:WlsrPalm Bath ssaor— - EFTA00185265

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 21 of 35 2 ii lkn.5°r newrmatanws~ . & Associates Page 77 0 • Mat ie her phon• ~bon A cm. poeh. 1 gran'[ Lno., erf the top of my 3 mag. 1 0. And Mat Is her 1.104 eddroael k. SP' Ilse, with my mem. 6 0. In Ce* tttt ? A. Vet. eit. 0 Q. Ilhat &bout ~telend lati bid you 9 *Peak te hin .bout tisetein's case? 10 A. tetet sy Ø'a honriend. My sister Il dasn't han e ponerend. My ~eo leiabancra nam, Ss 12 mi se Aan» you qat the eonfused. 13 th 00 you tnow hts shotte maten 14 a. b. Is 0. Mere ens ha Ilwal 16 A. illth eg nos. 1/ 0. In th* sa* house VIS Mr? LO A. vet. ?harte ~trimt • 19 0. ao not hoyirleedi issoodo 20 A. Vnls, køband. 21 0. Man you spoken a aireot 22 Mat hafganad in Mr. Fiuseinsá heuse? 23 mot ie detail, hut be moor* th* basic'. 24 yen. 25 0. abel lo hts «roeit/ 0 . Plsor & Ageinciates twwwe anstemna Sr • 1 2 3 4 S 6 7 Pag* 70 A. 1 don't know. 0. Met is hb pPone naast? mom ia eet maisvant? 0. Mist Is his poos neet( A. SEM. Q. 'bat Is hl* ham addreas. A. I dont kaag. e 0. Sera does ha lied? 9 A. Ta Palm Batch Lekt* somewit•*•. 10 0. toer boen to his house? 11 A. Yes. 12 Q. Tat don't know "Dat his aldr•ss Ss? 13 S. tr.OPOLD. ChnetiOn. Asrad and 14 anzwettd. ahe just oald Ma doesn't knor. 15 ma. reen Doolt coach. 16 M. 1664010: ObJett100. Anita and 17 Mawszad. lb BV M. 19 0. Toe oan amer the guttticti. 20 A. I do...0 ItilOW the exact addr•alt. 21 0. Met *trest Is It ent 22 strut. A. Ina aa arartment roepie*. itt rat 24 0. Mata the oase or the apart .ent Cargille? I 25 A. Soest/tint Con, (:) PIL~ Ph. a682.0505 Fax. 655 PaeleeetakeS 01adr5Mbe SCO.ONtatioalm Beach;e1- 3)401--- - — . — - 1655-Palm bath lakei led750.4.500-.-Wahrimexad0R.-33401— --.— • . • ..,...... * nscw ~...», & Associates 1 2 3 4 5 6 1 Q. Meet apertmat mater is iir Page /9 A. I «Oldn't teil you. 0. Mia was th* laat time ra. oen( Latte' A. Joel •Isteed thia post ~kond. that's the first 1.1111 laat tlaa. 1 vent tere. 0. New taut i save re spoken te Ida ohaat peer can? A. Ob. It• OD longer spook. 9 0. lehat's his gnome ntstmun Attually, we 10 alteady havo his praam ~et and en11. 11 1~ ""t Na.. you ever 12 noten to hee ~et your case? 11 A. 1 don't knar all 14 Q. Mare yap *oor mat IS A. M. tiet 'eet to Let 'we bed. t Mart 16 rally kaar sans. IC yes hare pIttureS ot Uien racet I 17 COeld teil ral. ii 0. All naak. let ea. *eo ir i hau 19 20 21 0. oe* at reten,. year mesan. that 22 Ia te «hee girl "to inde allteetieas aan RgottIla. Dat 23 magma co abcr te the Grand Jury Wheel 'he bad to tttttt y 24 1:01t thee nodes oeth? 25 A. No, arr f have no kwaad,* or gay ether • 1 0 sor & A eanciatC5 aestaimi•Wastime.b. Pan 00 0117.11 Sa this .501e aitsation 'te net illioved to karn. 2 lach othor. 3 0. I dICM't qat th* lapt reut morde. ihrte nat ./torad to koen eeCh ether. 5 0. And Mat abort Man you 6 or met her? 1 A. M. air. e 0. lat'a ne ie I con terra.% your memory om 9 ex. fatwa ne entte person ree mened by your Dient 10 Ni. Me W. de is aula. ',poten for fitlymIllIon 11 dollars. 12 A. l have m knowledge 01 hor. 13 0. Went Met her? 14 A. »me est her. 15 0. MOP 16 A. i donet kwal Me that la nthet. 17 0. A psalm magadtgarwho inwsz~1 30 ra 19 A. 2 deert Mar. air. 20 0. Do you meraber making å statement te 21 Dineetje, para tetse les th* polig* reOettt7 27 A. MO, sir. 23 0. Maya no Dood na polig* aperte la %kie 24 aaien 25 A. Yin. F11.~ - 165510IM Sext] /skarota wee 500 • Wast Perm teek FL-33401- - Ph. ell.582.0905 Fa. EFTA00185266

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 22 of 35 4nsor & Associates *nsor & Associates 0 Peg° el 1 0. They're on the Internet. right) 2 A. Yoe. I think. O. hop you surprised what the pollee ieggrui spore reigned on the intorist containing your stateowints 5 that you; had rude to the 6 A. Yes. 0. You didn't ant tone that happen. right? e 9 O. to yoe'r. sayaq you don't know ale 10 11 too. MIMOLIN Objection. Puked and 12 answered. 13 ST IS. 7110: 14 O. Doea it refresh your watoty that ha won 15 eatudy oho had gone to jail for drop and car theft? 16 A. Me, *P. 17 Q. Ocean, sto knows.* 11 A. 19 O. Tow don't knee it he net nib Detilotioli 20 Many/ 21 A. No, sir. 22 0. hoc soot a 23 A. Vim, I reaper. I know who that la. 24 0.. Did yes Imp spook to about Mist 25 haprened at ht. gpitriln'n Moue Ph' ~I. F44. SC SW* 97075 1ehn BeK9f9P33401- sor & Associates hsidereeinae.~›... . Page 43 1 0. Did you speak to -abort this 2 cap, 3 A. Mo, sir. 4 0. Nova you Spoken to ~bout this S ran.? i don't knew who ~IF la. 7 O. Did your pivot& spook to B A. Ask ny parents. 9 0. ut'. too if I can peruke your neraOry at 10 le tee he i. . Okay? 11 A. 12 0. ite's the Vanity fair reporter eho aide • 13 financial arrangsni with your father. 14 A. 1 aware of that. And again, I vet Dot If pare ilte that my dad did It oetil otter it was done Id AM I don't knots the details about that. I just thou 11 what you kna about that, like that they talked. 10 0. Tell id what you hem about the financial the vanity Pals reporter. 19 arrampeant that 20 node with yOor lathier. 21 r don't know about the details at all. 22 0 nos adh money did gin to 23 your father? A. I don't even knew he gene may tomydad. 25 O. I'm sorry? 99. -FILL C) 1 2 3 Peg* 62 A. M //nova what happened tour years ago. doesn't iris this la still going on today. 4 *Prep. 5 6 O. 111...».1 UMW 7 A. 0. You too., who that lot 9 1 know who that is, ye.. 10 O. Ihr'a the on. you stayed an drinking All /1 night ono night loot year when your dad reported you 12 Alpine 13 A. Ws, alt. 14 0. lidedehor the Meehan ono you were 15 ouppased to go to? 16 A. Mo. sir. 17 O. Did you peek to ~atop this 1.6 COP? 19 MO. air. 20 O. MOw about Nat 21 A. That's ny sister's ax-hOyfrSend. 22 0. Ilo.• the one with the sawed-off shotgun 23 with the giber/ 24 A. Ask hin i would not know that 25 IllOr•Stioa. 0. What's his address? l'a Gorey. I heve his A. 1 dent know. Ph. 1..~1 Fax. ~ffil 1656191dileddrUikeliolk'SUO4500-459St Vaini %Sp FL-33101- 4 - iderei•dhodape.lee. nsor & Associates P40.1 61 A. Z ella•t fl an kro. he gave money to my dad. 2 O. Neat do you know about the deal that ow 3 has with year Cotner] 4 A. 1 wily knov they epoke On the telephone 5 1. don't know anything also. 6 O. when vas that? 7 A. this pm • while age. 1 "Mr Or two ns or a e year ego. I honestly don't know. O. DLO —the enhy fair 10 reporter, offer any money to your father? 11 A. I don't 12 0. Old the Vanity nil 13 reporter, gin you any nanny? 14 A. No. alr. 15 O. Did he offer you any sonny/ 16 A. No, sir. pomp Spoke to hie. 17 O. What nposterii hems you spokes 432 lø A. Zero. 19 0. What Poet yver family mator0 'Chat 20 ransvene have they spoken to? 21 A. the whole pla leach county, obviously. es pre can an in that pielpeptic. 23 O. Toil r•- let's go through sea one that 24 ids remerebar. Other than too Vanity Nair ['porter. 25 ~what other reporters have any smabør of your Ft. ULM.. " - --- oesspaInt Eleadvtakes Blvd,. site 500 -Werst.Pairn beach" 33101- - EFTA00185267

Case 9:08-cv-80119-KAM Document 15-2 sor & Associates bu— Entered on FLSD Docket 06/30/2008 Page 23 of 35 or & Associates C) O C.) Page 85 1 lastly sperm tot 2 A. I don't know. MG I law my a Isa spoken 3 to art , MY sister Kea co tem. My taller and 4 stepmother. i wouldn't know. You'd haws le ask that. I 5 don't COMACt tam. 6 O. Sell. I jolt wont to know ^ I don't want 1 you te -- I mat to Mow wt's In your and. All right? M. Lt0fOLDI She just told you. She luet 9 10 M. 78111: se "'Mt. 11 SY M. TIM: 12 0. Mat I want to kne I; Mat you tom Iron 13 your personal knowledge. My Motile to l'00 Is: Mat le knowledge do you hare as family ~bora of year. 15 spooling to reponerer 16 M. /SOP= gh3oction. hilted end 17 *moored. ID And lc you can't talk probaStaally, woo re 19 'elm to lean 20 M. nisi 00 what you went to do. 21 M. LOOPOLO: Am you palm to continuo to 22 tell this way/ 23 M. nnt: re not going to Nutter any 24 gentla that ow al' se. Mr. Leopold. 35 M. UMW,: Okay. I C) O 2 3 6 0 9 10 11 12 13 14 IS 16 17 10 19 20 21 22 23 24 25 Page Se 1 M. Tana Out yea ace elotopmsentla tue round end you ale grmatotandino for your Mittel end It's wrong. Se be oboe. edd you anew how to mote an objection. Mate it. Otharrulae stop t atting. ST M. Title * Olt M. LI3:4101.0t Mom ••• IM 'KIM/ If you mat w leave the dmealtlon. . hl you'll ha back here. M. LOMOM Leone M. If I told just psalm the record. Instead of tttttt opting et. Nam. That's what v• do professionally. There's a recorder are. 1.• attelnly not being Obatructleielat. going to make the record. But we're going to 'let with eta» itaieblaete• of Prorentenailsa, hopefully. by all Parties In the rØ. that goer to et that Was CO your co counsel sitting beard you sad neat to yoni.. the Ø t reporter sed everyone else in the rocs. [verve* Is entitled to that. ~fro ebbed • question. Si• •nmsred Ike (emotion fully cod she'. mat going te b tietneati bause you dow't UM the *wet. If you vent to follow IS ni. ra. Fax. 1106123771 -- 1115Mirn-661f11 500-~~3401— „ SCOW* pall tdehal. 33401 $ nsor e& Associates Leese WaaYw.4 Paths 67 M. Min Stop engaging ••• wee your 2 rank and then we'll est the question. 3 M. 150(01.2: Mil. You won't let me 4 making the objection. a It's difficult to do 5 that. but If you not to fella with as 6 aPProprlatil asset ten. feel free to do that. Out 7 we're not going to hems, the to e M. MIN: I disagree with everything 9 rift, said. L•t•a colt the geationa• Okay? 10 M. ØØ: Mk en appropriate goestion. 11 M. Ten: Are you going to at. Lintel 12 M. LEOPOLD, VA ring to Mete -- protect 13 ay client end mate appropriate allgactloas. YO 14 there', not a Menton pending tight new. 15 Sy M. 16 0. aisle seams to say fetters/ 17 A. w. 10 M. 110KK0i Ohlatlas. Mad ohs 19 answered. 20 In M. 1110: 21 0. Sae Whiten Oven money by ea/ 22 23 24 25 reporters/ 0. Ms your ma poten to ry reporters? Objeetlat. Asked ote O C) lønsor & Associates ~YU Mt Instelarsau Page 68 1 answered. 2 THE wITIK3S: 3 lir IS. MIN: 4 O. Ka, your noes husbendlilepoten to any S 6 7 0. we your in•• husbr-rdealred any e —y Ina nyp 9 A. r. 10 O. Are you cure lue don't know OM 11 M. LMIOLD: Oblation. Asked end 12 anenosa. 13 TIM IIIIMISto positive. 14 SYM. 15 O. I'll try mole to refresh your merry. 16 A. 17 0. Das It your steely that she had 11 bees arrested for dads end nee commstIng with 19 lostectlee necarey ~loot ttttttt te get herself a better 20 Open 21 22 23 24 25 A. Me. 1 don't know who ,he Is. Q. More you spoken to anyone *la* been at Kpattiln'o house( O. without brinier a whit was said -- i don't Ph~ . Fa". — —1655-Palm SCO~ nowt-334ot-- —J it 1500 - ad, R. 3340 EFTA00185268

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 24 of 35 nsor & Associates sor & Associates themsmeheamehhim C) C) 0 0 Pape 99 want to know about any conversations with any lawyers, 2 okay" 3 A. 4 0. -- did you or your parents speak to any other law flew besides Kr. Wonsan ad Ms. leapold's law 6 fleas? 7 8 O. Mow without telling Mn Whet anything that 9 us. said, what and ono just owe to &Ind, 10 No. 1 we thinking abut something also. 11 0. Sat ware yaw thinking Whet? 12 A. Does fully court matter? 13 O. Okay. Without telling we whet was esid, 14 who proper& you for today's deposition? 15 A. Whet do We wee Prelweeal 16 0. Old you talk Wight this &position, about 17 whet weld happen. with anybody? 18 A. Yes. 19 O. Don't tall Me what was said. 20 A. pay. 21 O. I'm not sating that. I don't want to know 22 23 A. Okay. 24 O. Who prepared you for today's deposition? 25 A. Mr. Leopold. that • Fax - - 1655 Pan °each Late, OWL, SARA 5014/ez.nn odic 11.33401— sor & Associates 1 A. No. 2 0. Page 91 now you told we -- again. 1 don't want to 3 know, what was said. 4 5 6 7 O. yo* told me that you mot with hr. Leopold this wanly. to prepare for your deposition, right? it 0. Wen did you sat up that meeting with wt. Leopold to take place this soloing? 10 A. Do*, like. lias ries days ago. IOW Gays 11 12 O. So you're aware that W. Leopold told us 13 that he could not start the deposition this donning 14 basun he had a Wirt appearance, correct, 15 M. LWPOLD, Don't answer that question. 16 Celle for attorney/client oweephcatioris. 17 DO is. 761M; 18 O. Nave yes won the letter that Hr. Leopold 19 wrote to us stating that he " on embed' that Rt. Leopold 20 W101.4 to ItY. Goldberger stating that he could not be hero 2) this morning boohoo he had a court appearance? Did you 22 seer that e -mil? 23 KR. ttOPOLDi You can waver that question. 24 TX Ville& 25 i C) 1 0. Anybody else, Page 90 2 A. W. 3 O. When did you meet with NC. Leopold to 4 prepare for today's depoottlee? 5 A. This mowing. 6 O. And how long did that meeting last? 7 A. Ontil it started. $Ow you told we that you PiewlevelY had 9 read the police reports In this ease? 10 A. Yoe. 11 0. Haw you read your stetement that you gave 12 to the polio*? 13 A. Yes, 14 O. And in what (one was that statement, 15 A. What do you mean? 16 O. teas it in the toms of a police report or • 17 transcripts le A. What's the difference? 19 O. A transcript has &mations and answers on 20 it. A police report is just typed out narrative. 21 A. co. it's a pollee report. 22 O. And whim did you reed the police report? 23 A. A few days ago. I cdverread it a few days 24 25 O. Nod you read it before that? RI. Fax. — - 1655 PS, MW: et d 5JINFIRIesChrRi-33401— Srlsor & Associates wwwwwer lwasognb. Page 1.2 NY S. 'film: 2 O. Nave you listened to your tape-recorded 3 straw/et to the Wilco? 4 A. Yes. 0. We& did you listen to that? 6 A. In. I thins, this building. I doa't know. 7 It was hero. O. When did you listen to that statement? 9 A. This anning• 10 0. And who was present when you Luton«, to 11 that otattoonts 12 A. He. Leopold -- end I forget Your new. 11 ire. WLIMAGER: Ns. 14 SRL WUWCIS: Ks. 15 IN Wt. 7CTN: 16 O. Pad you man liataned to yOUC statement 17 before that. correct, p A. No. sir. 19 O. Have you met with lawyers repwwnting 20 &yew as =gips ow? 21 A. No, sir. 22 O. Now sonny &mos have you epoRen to officers 23 with the Pal, Desch Pollee Depactment? 24 A. Sore than I like can count. It's been 25 ongoing for four years, so quite a few lima. Far. Aft 4655 Palm Busch LateeBlyet, Suite 500' vies ea n dl, Ft43401--- •- EFTA00185269

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 25 of 35 sor & Associates itznsor & Associates C) 2 Page 93 O. net was the lest tin no spoke with ******** el the Pala birch Police apartment? 3 A. A whin ego. I'd say • year ago. 4 O. A year ego? 5 A. leek. ante a year sad • half. 6 O. Do you reamer Detective mennin A. e O. DO you remember netielle Penn. Detective 9 Pedant 10 11 O. Meet ment <Um Wive you spoken to Detective 12 Anse) 13 A. She was the only on I spoke to neat this 14 stil for soma reason me wasn't di the can anymore. 15 0. When wee that? 16 A. The first meelint I ewer had was with her 17 mil then I think like g not with her like 10 tines or 12 18 tines or sonethIng ilk* that, and thee t didn't get -- 19 another Investigator questioned re after that. 20 O. And rho wee that? 21 A. 1 Mi't sesseber. 22 O. And chat type of question alla they Ilk 23 yen? 24 A. Me tine. 25 0. The ease <notion all over again? ! 0 • C./ a a 655 Ann 56b0) * nsor & Actsoriates ,..,.......,..-...,„, Page 95 1 A. I'd have to say like • year and • heir ago, 2 e year ago. ft wee • long nee mg. 3 (Dinuselon held off the record.) 4 NA. TAM: Toll et the lest amber. pleas.. (Theteopos. • portico of te record was read 6 by the reporter.) BY M. Trill: e 0. And who was present when the IN1 spoke to 9 you at your father's hoes.? 10 A. My stepmother wee thine, hat she wasn't 11 arses. re mede heralf like do ether things. 12 O. An Now any wat iodate were there? 13 t think four. 14 And you don't member any of their nun? 15 16 0. And were there any lemma them? 17 A. Not Mat I Ina Of. 18 0. And nom of than gave you their cell phone 19 amnia? 20 A. 21 O. And the last tin you rye. to the 49) was 22 a yen' and • halt ego' 23 A. It was • while 400. 24 mt. LTAMOLD: cbjectieb. Asked en 25 answered. ran 94 A. AnicallY- 2 0. Now many taped statement, have you glvere to 3 the police? A. One that I Mow of. 5 0. Just the one with Detective Paden? 6 A. Yes. elf. 7 O. Mow about to the PSI? Did you give any e ambience to tam? 9 A. Co. sell, &dutily. I don't really 10 rennet if that was taped or not, to be honest with you. 11 t bad ene seating with this at ay hewn and don't now if 12 it was taped. 13 0. You were interviewed eta 14 houset 15 A. Co. That was by the lawyer. 16 0. Oh. by tim lawyer? 17 A. It O. Ahem did tem min aaaaa oas that you had 19 with the gill take plan? 20 A. At my • residence. 21 0. Welch le Moroi 22 A. On LOaahleenee. 23 0. On wine> 24 A. in nablatchee. 25 0. And when did that tae pled? --------- 1655PnatatrUnf —~~ --t• Ph'IMM 500 33402 ILoPIPL • I CI ifonsor & Associates ammiennastremn Page 96 1 ad NR. TAM: 2 O. And the lest tin yew spoke to the federal 3 prosecutor's office in Meat A. I don't know. O. Old say of the )111 agents tell yaw that 6 Villefna had *Fenn with M. Leopold? 7 A. Mo. 8 O. Did any of the MI agents tell you that 9 Villain. had spinal with M. Minn? 10 A. Co. 31 0. Did any FDI agent, tell you that Jeff 12 Slone spoke with Kr. merman. 13 14 O. Did any MI &gents toll you that Jeff 15 Sloan spoke with hr. Leopold/ 16 17 0. De you know whether any of the federal 39 prontUcne Allowed M. Minn to review a draft 19 incitement, 20 A. I wouldn't knew. 21 O. Do me know if say of the federal 22 preneatora diocesan • draft indictent with It. Man? 23 A. I wouldn't know. 24 O. Nave you ewer e-eelled with any run agent 25 or any federal p ***** utor? Ph. -fat ni. Tax. ---- 9655991/06~31and503 - 10 ~630 117 grn ft33401--- ; EFTA00185270

Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 26 of 35 sor & Associates Snsor Associates 2 h ionianeinwiipen.h: 0 • O ( ) 0 1 2 3 5 6 7 8 9 Page 9] 0. Nava yOo spit text wassaged with any PRI agent or any federal. prosecutor? A. MO. O. Nee the POI told you abent other testimony? A. M. O. Ilan the rS1 told you about Mat Other girl& hate sala1 10 0. Rani federal prosecutors told you what 11 other girls Ain said? 12 A. Me. 13 0. 00 you MYe any way of getting in touch with the OBI if you wanted to get in touch with thee? 15 Id 0. Row about your pareste? to they know ham 17 to get in leech with the PSI? 18 A. 1 don't know. 19 O. And by your parsota, l'n referring to both 20 sots. Map .21 A. Well. referring to only ay dad. 22 beCaose ay ma really doesn't care to know any of this 23 stuff. 24 0. So the Mower would be the sane for your --.22.-h-aLi cr "a ffirwrr —ccrtn—c M. .090S - Fax. Orlreiid;O04100WIROMPL -33.101-- ll * sor & Associates mrdwarfisark.o., 1 2 3 4 5 6 7 9 P.9. A. 0. *wawa% with a A. IRS, I would know: end no. she did sot. 0. lot's put a -- let me ash you sake questions Senn the photo that you had posted on yens DYMP•me Page before you erased it last week. Okay? A. Okay. M. TRIP: Do you sand If in Close the door second, please. MR. LOOODAD: exhibit amebae: please. M. TRIM: Put up 21-005. 0014 on a second. IS. LOOPOLO: Don't say itythibit. She was talking to her =easel. Y. MN: Putty 20-006. M. LIDDIPORD: is that 005 right there? M. ?SIMI Yes. O , O 2 Page 90 A. Yeah. 0. Moe you spoken to a lawyer maned Suit 3 Ocarlr about this case? 4 5 O. Do yea knew 'e o Sort OCerli le? 6 Let's one if t can refresh your unary. 7 Does It cccccc h peer :misery that he's a good friend of 0 Village:bee boyfriend? 9 A. I floret know who Yillafon• is. 10 0 Villafoue Is the lead federal 11 ps that's en the federal part of this cane. 12 Okay? 13 14 Q. 00 OHO it refresh your very that Gnarl. 15 IS the 9000 bleed of boyfriend? 16 Ott at at. 17 O. Pest it refresh your memory that Villafon• le tried to get Apetelo to pay for Cheri. to represent you 19 In the federal case? 20 A. 21 O. Do toe know if Detective Recesiby has Moan 22 with your hither? 23 24 9. Do you know if Detective tecerey has spoken 25 to your ategmother7 Pklagra; "‘ — MVPS Ouch ., 500W20 Ff .1 . " 2 * sor & Associates Snow* ma frouvien. lin 1 2 3 4 5 6 7 Page 100 runt off, this Is not • warehouse. nil. fs thSger-- lecond of all, I's mot being gong-raped. tneryone bee their clothing On. t hirdly. If yoed look at All the others plc ccccc in (het &Lbws l'h drinking whet'e when yOu:le sick you drink its $ SY MR. TRIM: 9 0. You Cart an questions of your counsel. 10 A. All right. 3,• drinking like Sprite. 1'm 11 not drinking any RIM of alcohol, if you would look at sy 22 Other pictures in that album. 13 You guys pick:NILS pO•Sibly worst pictures 14 wet of there to present. At. it wee just • goofy 15 picture. All of them: kids Ills to be goofy. And that's 16 whet we were doing. 17 O. DNS'S the man on the left of the picture 18 holding his -- holding a bear bottle as if it were a 19 peata tossing your mouth? 20 21 O. Mho's the ran behind you, sight up tows 22 your backside, with you brit over? 23 A. That one? 24 O. The right side, Yining with his mouth. C . ) 25 A. !list's PIA - FDA. Mint rin.MIM- Phi Beach-Lake Ead0-9-fle 500—WeSt SitilaKhra-33401-- -------165591MYSSKh liter Net; Stitt SOAMeack.-R-33401- • 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AY M. /SIX: 0. PhO took this photo of you in • were/Lowe, ainiating being gang-raped by a Loath of -- mA. LEOPOLD: Objection. Niwcharacterlses the photograph, and lack of foundation sod predicate. fully explain if you need to. VITWASS: I wall. 1 EFTA00185271

Case 9:08-ov-80119-KAM Document 15-2 Entered on FLSD Do et 06/30/2008 Page 27 of 35 nsor & Associates & Associates . ~4. ibSal~1.., e) e Dør 191 0. No', tag one grabba tover* tau rasta 2 ofb or 3 A. Tea 4 0. And eneng ***** atter .••• la UM plane. 5 Set ar* Lloir namar tag on* on tag lett tolith the bal? 6 A. Olmt.. (pbeeellei. 7 0. falllag' e A. Ybi. 9 0. obo'. bo oe• Ubbe -- 10 mk. LE04014.: coe't brunet. lat bor 11 flush the record. pre.'. uatiluad. 12 Ne. Tran t know yve &ofl Ilk, tala 13 pictore, ny Erlend. 11 la. LEOPOLD: tA. olatare le tina. 15 ar NA. VIPA 16 0. the 005 v/th the bot? 17 M. LIOOLD: S. sold ce. Stop. 18 roa bare to lot ti rabb finish Mr 19 ansatt. ane ve. ln tre preurt of oblainial me 20 yoo cut ber off. 21 babb /båt yve veto bylag verd raa 22 Coanial ou. ask >au ~Aina he :debet altir tit. 23 )116 51)XO55: okay. fl. aW" 21 M. 1[3Ø: Jaa bai it CO the record la 25 /lear who yoo•re teaning on att F502 4Xab..993140/ * ns • 11~. Må k•••••~1« or & Associates Page 103 1 to Ida at all. 2 0. bot'. klo lab amer 3 A. 4 0. 5 A. 0. And bon yta ebbe to ~aber 41://: 7 bnr 8 A. No, air. 9 Q. bre yoa epoken b ellerbout tveit cm? 10 A. Mot tre detail. Sut pa. 11 ia. a Arør re Morring to 17 ~MP 13 willitaS: ren. 11 M. Min Tb. 15 "' 16 SY Na. Itle: 17 0. don am boken to lielaboat ai. casa? 10 A. 19 G. Oo yde kove a Erlend *rod 20 A. t do net han • Esla/ omed ali 21 0. Erm fnøs» yverl 22 23 0. Mas abs., ar 21 A. 25 0. Man you spolan to. daa: tAk. caser ! o 0 I o Pope 102 Tnt WittaSS: -- on ta. far Ialt la Oil 2 Ola 3 DY MM. Inc; i p. the one boa. bob fa nar lb grein 5 or right? 6 0. And in db »Idd,. tiare'. a »n ~Ing. Who's bit? 9 A. Tet'. 10 0. And who', the on* in ti god hat, .Inlap? 11 10~11". babl. 12 0. Lot ito stop yen lor • ~ond. Are bra 13 bm? 11 A. 15 neo legagi 16 A. Ny ab***** frlond. Voll, ete's • ~coat 17 ribb, Lot son ny slater'a. 10 0. Chat le bor leet nasal 19 a. 11.01 20 0. Spill bot. 21 A. 1 don't knea hov to -- 22 0. Hen yve epoken to ber .Lout blø unna 23 A. b. 21 0. 25 A. Ny Matar'. frid. 1 dont helly bant "ta ra 1655.bbnita 300 ar & Associates 1 2 3 6 7 B Pege 101 A. b. 0. What'e her last east A. am/ i doo't karm boa to »pall It. 0. la /be the basa/ Moet homo you bal Lo Ot sn Year'. bis yoorl A. 50. 1 aset at bor høen on Nou Teer'». Q. inna* nat. yom Vb, yta 1.40k the pleien of *Can yoo se' labb e . dat** on year abbto1 9 10 A, r wouidn't boa or -- solt. ba ror* ot • birthdoy paily før to« girl'. 11th birtkdsy. 11 0. bre ydu dribla/ ot tagt party' 12 A. No. Thor. illt• no sitata, er anythira 13 men. 14 0. tit db* rolue" Von to pm? SS A. It'ø lika -• lt juat ewe. like stand w. 16 ba ia. ~t i lf yos look et the pietet.. 17 0. Ilbab ap lise druse. :101? IS 19 G. 20 A. I know. Ilke from lite tb A girl knitre 21 22 0. Stri a tid ab yee bre abbed to Is 23 stning etb ~n Toe Voer delnkIn9 with Men 21 25 0. Mit. lent nano, 500 _1655 Riim Broch ta '2" 41e. Fax. SW4 01. F1.315.1_ . —16.5 .----524411 Betelafin~.61.2330-1-- PIL - e EFTA00185272

Case 9:08-cv- 119-KAM Document 15-2 En, tered on FLSD Do et 06/30/2008 Page 28 of 35 C-rnsor & Associates sor& Associates 1 2 3 4 Page 10$ A. O. Oleo does she live? A. 1 don't know. In Royal Pale. O. 5 A. uh-huh. I's gossip. 6 0. Go you Snow her phone mother? 7 A. No, I do sot. B O. Lot's loot at 26-010. 9 A. Soo, I'm drinkeng -- 10 0. l's not asking you about what you're 11 drinking. 12 who ace the nen en chia photo who sr. O 13 Pretending to gang WOO Yw aM slide you with knives? 14 Ilho it. they? 15 A. tad 16 Q. Are these (Immo? 17 A. Ara those? - he aid the 10 two stabbing with knives. That's why I Old that. I 19 don't know. that's tad OEM 20 O. Are these floors? 21 A. Mo. They're all cm neaps UM. 22 they're all on full rights for football. 23 O. Go to 015-013. 24 M. LACIOLIn 025 doh? 25 M. Olin 015. O C.) C.) 2 BY MR. ITIW: 3 4 peels? 5 6 0. 0. Page 104 TOM MOUS Gosh, that's se long ego. Into took the photo of you Itching the Wy litopmether. whoa Idea -- that we your stepoutheo's 7 idea? 8 A. ft yds In legs dl Pippo, where she rocks 9 currently, sad that was befog* the worked there. And en 10 beat thought it would be (any. Il TtIN: 1,-001. Can yea enlarge that? 12 SY M. !GIP 13 0. Oho took this photo of you simulating you 14 having sec with a men? 15 A. Ile'ree not simulating having sire and 16 It's --oh, mid the person who tee. it wed, l'a pretty 17 sormlinetitI know him I don't know hi. 10 last nob. 19 0. Co to 19-006. please. 20 no took this photo of you simulating sex 21 with a man, 22 A. The mar person. And we're not •loolating 23 hewing sex, Kr. -- 24 "sin. 25 Old you post that ce the Internet? .-.....liesssakkeeadt:Za137775aescoRMachM311(11__-__. Pa -Fax. Ph.eFam. 165804111 BOO lOnsor & Associates thooraterntoonwth lob 1 A. Pale 107 Actually, tow. is an old NySpare I never 2 finished and I never like did anything. 1 ?vet MO of 3 lone it sod Oft It. 4 G. 5 ibrenoce? 6 A. 7 O. 50 the await is yes. you potted art. on Cup. Go to /5-014. SAC took this photo of you Moenp sod with • roman? 9 W.. LWOW: Object to the fora of the 10 p000len. Azgoentatio. 11 TO lellOGSM run off, obs's piercing my 12 belly water or repenting it. and I'm pretty mire 13 is was Sot like we pet up a onen somewhere and 14 put • term co it. We didn't ha* anybody coke 15 it. 16 BY OR Ting 17 0. You posted that on your NySpace pate? 10 A. Yoh. 19 O. Go to 21-011. It that • photo of Pool 20 A. rep. 21 O. Who's in owe photo with you? 22 A. 21 G' 24 A. rep. 25 0. in thin you coning out of the ohms? sor & Associates hapoku sod eleanOmmo Pao 100 1 A. Yet. 2 O. Arm you clothed La this picture? 3 A. Yeah. 1 have • halter dress on. 4 O. Mears it that Weber* token? A. In ellitInun o. 6 O. Oid you post that ore the Internet? 7 A. Yes. 0 O. All right. 9 M. 'MS: You can take that down 10 BY RR. 7.10. 11 0. Mow yogr boyfriend is 12 correct? 13 A. yeah. 14 0. You lie about your ape la order to conceal 15 'soothing shout your relationship with 16 isn't that !correct? 17 A. So. 10 O. MI12 years old, /so d% be? 19 A. toe. 20 O. And • firefighter with the rola 21 beach rise Department. right/ 22 A, rum 23 Q. Goes the rain Beach Tare OrPnermenr Anew 24 that your boyfriend Is stay an underage girl? 25 A. Actually, mister, it's .-__16SS.Patta.116•ChPh. aRCiar • 500 1,11,A3421 _ _ —.. Ph.plip t.t Fa. .-1655.PMftsch SINLIMamdleri 3340L EFTA00185273

Case 9:08-cv-8 119-KAM Document 15-2 Entered on FLSD DoSt 06/30/2008 Page 29 of 35 r & Associates nsor & Associates lbeemateseveLir 0 C) C) C) Perm 109 O. -- 2 M. LEOPOLD: Jun near la Question, 3 atilESS: no. DY M. EOM: 6 0. Did (hey knew two mete ago that you were 7 elating an mange gal Mint a Tea. I set everafaeaY la Mare' 9 0. Did they knew your VW 10 A. Tas. 11 0. Did you lie govt your age so that the tin 12 department wouldn't think teallErn remitting • 13 eria by hang a watel relatteniMp with en underage 11 girl? IS M. Objection. Mange teal. 16 not laevidence. 17 IT M. ale: IS 0. la: can answer the question. 19 20 0. Own the Vela Mach Pollee tegartedat know 21 thatlet • Palm • anal relationship with an 22 enders» girl? 33 M. MM. Don't geese. Mae it you 21 25 TIC Vann: Ca ye repeat the duntint pn tall ~F . sor& Associates .„,........—~- Peg* 111 2101 WITIMSS, Never -- at did yew say/ 2 IT M. TCIM: 3 O. You lied agen you went to the creak Muse 4 in Cagle, didn't you? S NA. LIC4014)! OblectIon. Arounentstlwe. 6 Lac of tom:dance, lack of predicate. OP M. TOM: I O. You an ansar the nestle'. 9 A. I Ian newer been to a crack Mae. 10 0. IMO an't you in tot 11 M. LEOPOLD: Objection. Argumentative. 12 Don't 'newer the ingestion. 13 M. RIM: Certify Lt. 14 crailr140 =MON 15 IT M. MN 16 1? IS 19 20 IT M. TRIM: 21 22 23 24 25 O. You don't Ile to you? M. LCOPOLO: objection. Anted end simered. Don't answer the opinion. 0. me. Yu ran enamor that question. M. LaShOLD; No. 1 just told her not to. You've Med that question Snit tin M. Rien No, I haven't. M. tioPoto: Don't answer the LLLLLL on. 0 - Page 110 DP M. lltIM: 2 0. Dees the Pale leach ?Once Departmont know 3 tat_ a mean of the Pale match rite Department. 4 le baring • brawl /*Licit...ship with en anal' girl? A. l'a ginning no. 6 O. You lie but year twin alaterlffill don't 7 e yea 1 9 DY M. RIP: 10 O. 11 A. 12 0. 13 halt, right/ M. L93,010/ Objection. Aramentente. ain't you/ w. I have never lied for er te_ TOY lie about the fatt that one he. • drug 11 A. No. I would tear awe: ay attar of 15 lain a dreg habit. 16 O. Do you try to conceal the fact that she has 17 • dreg Malt/ ii M. LIOPOLO: 19 bY M. OM: 20 O. Te can anemi the Mallon. M. My slater don not have • tog habit. Toe lied when you went to the crack Ian 22 23 24 25 0. Objection. Azipentatatiwo. le Carole, didn't yea M. LDIMOLD: Objection. krgementetive. Lack of CenmetIon, lace of predicate. Ph. a Fax. a __165531,5080Ch.lekes~,%ulie 500:Wet Pan hreg1/41.6 i3401 Snsor & Associates ~Ma Tuna be Page 111 1 MA. Una 1.11 certify it. 2 wrung, ~grow 3 M. 1101010: Tor the record, you have to 4 atop iaterzepting as because aha can't take awn Loth of us balking åt the ea. tue. 6 BY M. Trig: 7 0. You tell Gellithe truth, don't youl ø Gain eel 9 O. You tell the troth. don't pen/ 10 A. When St's -- as, t Leath* tee. 11 0- who's dreg thane 12 A. My sister don not have a drug dealer. She 13 lino In Georgia with ay lather. 14 O. Okay. WM Is the dt' dealer who deemed IS you andallot, at S/45 NIB.. n 1096, atter being out 16 all night. tn• two or you, 'Ming drug. at Fula Mach 17 Country Estate. murre your tether called the police? 10 A. Ina 19 O. Ile'a the drug dealer/ 20 A. M la a drop dialer. 21 0. Oo you reenherillip wag arrested by the 21 Pala Dosch Police Determent and teen to the Joanne 21 Anateent Center that morning? 24 A. I do paean that. 25 0. 666 before yeumasselnereteln. you were ~II Ph • Fat - —_-1655.Paratachurces Shtl.s.4"54/02(frit,Pattekte, /I 3344_ 4555 eaknheath Lakes tAed., Suite 560 • Wel0 Pahl sell" R. 33401 EFTA00185274

Case 9:08-cv-3119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 30 of 35 nsor & Associates sae& Associates lawns inwkliose• 0 C) 0 C) 0 0 Page 111 1 involuntarily adaittni into a juvenile educational 2 facility; isn't that right? 3 Old you say towel aaaaa ily? 4 O. Yes. 5 A. Mo. I yes willing to go. I -- duly meld 6 7 0. And you weat them beceuee you we re lying 8 so moth. no one could Coattail your isn't that correCt? 9 That's very incorrect. 10 O. New you lie to your pared* all the ciao, 11 don't YOU? 12 A. Incorrect. 13 M. LEOPOLD: Objection. ArgunentatIve. 14 BY KA. 26110: 15 0. Sorry? 16 A. Incorrect. 17 0. The day you went Co tpitteln's haves you 1$ lied to your father ebout where you were going; isn't 19 that correct? 20 A. correct. 21 O. You admitted to the police that you told 22 your father that you were going • O9Piel, didn't you? 23 Yee. 24 0. And that was a lie. wasn't It? 25 A. Yes. C) I Page 114 1 O. And 1•10e it true that peer father has 2 accused roe of lying? 3 A. All the tine. 4 O. Didn't your father throw you out of the 5 hawse Thanksgiving of this pest year braes* you were 6 lying so much to Alai 7 A. Yes. he did kick se out. Mo. that's not s the reasons whit 9 O. Didn't your father throw your rrrrrr 10 out of the hoes.. too? 11 12 led be threwhet out of the house be week 13 site: thrinkegivings, right? 14 r don't 'mow the date. but sure. 15 O. bonds about right? 16 h. 17 0. And the teamon be thrOw ter out Of the 10 19 20 21 22 23 21 25 hoes* was because she vas lying. teal 0. taeteota: Objection. Leek or foundation. Calls for speoviation. Pt NI Tim: O. Shen your counsel coachea you, you gay it's correct, eight/ h. I've never been coached. Kt. 14:0•CCo: Objection. • Fax fa ___16SS Pet Beach Ube Ele0...OW85.00 • WetPokll 8610t- F1-.334°1 . 1 leach lakesad... Site 900,West Patin Bost. 21. 32401 soe&Associates Page 115 MY HA. Tern 2 0. MOO your corneel that It was there 3 vas leek of foundation, you agree with your counsel. 4 right? I Ku like sealed, "Teat, let'. wove On,* 6 because there was no point to asking that question. 7 O. Your father throw-wt of the house 8 became and was lying, cornett 9 KR. LEOPOLD: Objection. lack of 10 foundation. 11 Mold on, ow cat •• just wake the 12 objection. 13 Lack of foundatlOn, predicate, call. for 14 speculation. IS SY Mt TRIM: 16 O. Answer. 17 A. l'n sot ay sister. 1 don't know. 15 O. I rant to sow what you know only. 19 A. I don't tnov. 20 O. You dart know. That's year lisover? 21 A. Yes. 22 0. Nov your parents filed the police report 23 regarding Mr. Castel*, right? 24 A. Yoe. 25 0. Nov pear parents are also lying. aren't e isor&Associates sevoirsetneen•ean. Page 116 they? 2 A. Yes. 9 to. 12OPO1.4): hat as the record is clear, 4 the father -- teens, the *other was um with. 5 M. ICIP: liod't testify, Counsel. 6 MR. tCOPOLO: So the record Is clear, lost 7 the father. The mother was -- 6 IS. SALM: Cavitil. dint coach and testily, please. That's abeelotoly KAProPes: 20 MR. LEOPOLD: You Jett *eked the strong 11 qUOgtiOn. 12 la. IBIS: Yoe can't teach her that way and 13 you well knew Lt. 14 IS. 140201.0: ror the reeend, lira the 15 father. See reisarrie4„ I this:: on his third 16 earrial•• 27 KR. }BIN: You cenaot -- it's absolutely. le totally against the ruler' and yes know It. 19 KB. L84:4O4O: The natural SOUP,' lives in 20 Goorgio. 21 NB. ?SIN: row need to baste Yourself. 22 lawyer. 23 Ma. Lior2LO: the natural pother lives in 94 nacelle. Site father La here locally. es mit. ?ZIP: Stop coaching. Stan talking. ph. ---1655.Panerba Una ad., Site 500.west.Pang Beach..8.3390.1___ . . pft • fi x. - • - • • -• - - -1653 Par Bath Latin Base., Suite SOO • West Palm Beaci3,PL 33101... EFTA00185275

Case 9:08-cv-: 119-KAM Document 15-2 Entered on FLSD Do et 06/30/2008 Page 31 of 35 Do nsor & Associates nopil. or & Associates 0 0 1 Pp* II7 Ton Ob)•Cl. Ya, Pees Ow 110.••. YOU )wt 2 lectured te *hoot the Idles. Cpalliel. Se tay 3 don't you play by tie isles) Or colt %Mtn they 4 fit you? bey don't you gioadatand e mare 5 new. Give eht • five-miner. 'pooch, Mr. Letepeed. 6 MR. LONID: Are you (ARUM'S. for the 7 record? MR. TRIM: I'. not talking to you. ce What 9 10 Ma. 400101.0e Deab say darting yet. 11 IN IN ?LIM. 12 0. SNIP -- 13 kA. LINPCCO: Mold tt. Don't say anything 14 15 DY fl . Ity: 16 O. Tour pa ccccc , it. filed No pollee report 17 ere Mewl Noes. 18 to. LEOPOLD, tweet *flavor the quesaloO. 19 were not going to ewer until I ante the record. 20 vant to pat n the record, now that ColiaNal 21 appears tow finished with lale connont• for the 22 record. that the preview. Nation wa• 23 inaPINOPCiatb mat latentleasliy mialeedieg. 24 lbw You can eel the question. 25 Art NR. YEW PP.~ • fa ---1655 PMS Desch Woes ION., 5~500, ei ll ~Boach-F1.33001. & Associates 2 3 4 5 6 7 0 9 Peg* 119 your lawsuit money away fro, you? Don't look to your lowyor for the &never. HR. UNFOLD: bra can antaor if you hoes the ,soot to it. t have no idea. 1145 WINIESte, yeah. DV IS. ?Cite Q. And your father filed a Iseult. .the float lavnit for fifty Melba d011ate against M. Epatoin without contalting you, correct? )0 A. Correct. 11 0. And year father had a lawyer file the float 12 lemoult on your behalf for fifty million dollere agalut 13 Wt. Patel* %debt,* your knowledge, correct? 14 A. Correct. 15 O. And you don't trust your father, do you? 16 Correct. 17 O. Aha you belie,* he'• trying to nianIpaLata 18 re for hie own gal*, don't you? 19 A. Sent of. 20 0. Hell, you item that your mother filed • 21 .tetenn, en affidavit, saying that you don't trust your 22 father god that you believe ha's trying to manipulate you 29 Ica hie own gain, 'sort that cotioctl 24 A. Correct. 25 0. You agree with that stators«, don't you] Ph. ' ' ' • 1655~0eadt lakes Wet, SAN 500 • West Palm Nada :1 33401__. Papa 118 1 O. Tour verene, oho filed the pollen report 2 in this cage, aro alto Proven alarea aren't they/ 3 M. LE0/010: Same objection. *1 MR. 7400. 5 O. Aron't your parents lien? 6 S. LEOPOLD, Calla for speculation. Lack of predicate. UR. 7115, Stop ceochbeg. You blow what 9 that la, Leopold. 10 M. mono: calla for speculation. Lack . 11 of foundation. 12 VAS INMES: Shoe you say parent., ty mot 13 1. lot, but sure, reedit, ler dad bee been to 1•14 14 for lying. 15 at ult. TtIP: 16 0. Tout dad Net ta federal prieoe for two 17 years for lying, right? le A. Correct. 19 0. Did he tell you it tee for a financial 20 (rood/ 21 A. lbs. 22 O. IQ( *toiling they Cr- emu financial 23 tAttitution, 24 A. Correct. 25 0. And do you think your father lo trying to Pt"Mit -et • e 500, w • maacholl..33901--- likne°r & Associates ...........,..1. Peen 120 1 2 O. DO you trust your stepmother, ity ategeOtheir, no. 0. Yon think oho's 4149 trying to Steal your 5 Ebetoin bootie nefuet awe, fret you, don't You? 6 A. I would like to clarify something. You 7 keep saying me Epstein lawsuit ~toy. I don't have ant e monter' and it'. just a lawsuit et the mesant. io I just 9 don't tenet her. 10 You think that your stepmother le 11 try'''. to teve advantage of this lawsuit CO tly co got 12 Dewey true me. totelm that belongs to you, regret? 13 A. Yee. 14 Q. Did your 9[N:bother tell you why she wag 15 arreated? 16 17 Q. Did your atestothor tell you that *he's 18 ever been arrested? 19 A. 20 O. Did she tell you she vem arrested tot 21 fraud? 22 A. Peter. 23 0. Old also toll you that eh* was fired tree 24 Ilauthorree Aviation? 25 • ru-~ • • — — 1655 Per Beach lakes 044.25uRC 500- Wet Pau Eleeck.R. 13401— EFTA00185276

0 0 0 0 Case 9:08-cv-80119-KAM Document 15-2 Entered on FLSD Docket 06/30/2008 Page 32 of 35 sor & Assedates litinennesealwendele Pogo 121 1 0. Old she tell you that eke vet fired free 2 Ihiehogne Aviation Ler stealing? 3 A. Bo. 4 Kr. ?ZIP: bet's tote a break. 5 Inwood*, a recess was tarn./ 6 ST MR. VEIN: 0. afore you net Jeffrey Efiet•in, had you ewer had renal intermered/ 9 A. lbs. yeah. 10 O. MOvaany tines? 11 A. Just • few. Twice. 12 0. With how nasty dlfinwt Mn? 13 14 0. ROW old are they) 15 A. OMB being one year older than nor 16 end then the other person was two yearn elder then ea. 17 0. plat was his nem/ 18 A. 19 0. How old were you when you fi rst had meal 20 intescoure7 21 A. N. 22 O. Row sale -- before yon net Epstein, bow 23 nasty different see had you had say type of sexual 24 activity with> 25 A. Just those two. col. Nn. Pokfl MHO likes- 00-0:,-M—Th 500-irett PEW Ileb01.0-.33401_ Snsor & Associates oreseseleueesale, 1 2 3 4 5 6 7 0 0 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 Page 123 laser color copied to that we MTh • copy. ad l's assalog he'll get a copy to the wort reporter. Lee, to attach. actually a certified copy to the demi:talon. KR. EOLCIIIMP: tone. XX. IEOPOID: That's If yea agree to that. If not, thee I watt to pull nen ore out and put exhibit labels on the. which w should de before we leave. GCCOMPCM: Ire' r• tot going re do either. I'll have coMes not to the coon reporter end abs Mn attach then to the deposition. MR. LIZIOLIM So you're not going to agree to what we talked about tiering the break then. M. 02/.01101011: I'a ate quit. mii• what your asti r se to 00. tel ea Lintel.. 11010 W: Okay. Sure. That's flee. GoLONIThtel Okay. If you want a* to go over to a. —office and Sake copies end then give these to the cent reporter, fie*. All i•• legieg I. that I would avoid that propel. I veld few *spiel. to the cent reporter. Mt if it vitt use you -- et LEOPOLD: Vn oot> M. ____16S5 01400001a_rt. —_ Fm an ANSI. F4• 33402 S nsor & Associates Pepe 122 O. Are you 'eying you never hissed • see other 2 than inns trot 3 HA. LEOPOLD: CdectIon to the fogs of the 4 question. 5 TM! IlingESSI Yee. I had %lead people 6 before. 7 ST IS. Trion before you vat Epstein. had you ever had oral Mx? 10 ll liver in your Ilia, have you exchanged sex 12 for seething Of valve? 13 R. 14 MR. tt lIll 15 VIE Winne: Ob. okay. 16 Th. =MD: need. It In. ISMS 1 don't have any 10 Thestiono. tide you. 19 le. LEOPOLD: before we go off the record, 20 It's ymderstanding -- Kr. Ooldoeder caa 21 effect the Thee -- but n have stipulated that .. 22 color copies of the daunts that were ideatined 23 for lebnibifloatlen certainly will he attached to 24 the deposition end counsel will be tains the @ 25 pheogreplia across street so that theycmbe FB • —16551ThIlliebIZJIMPIL 5001 /PIIIIIMehR- 13401— O . 5°r afeelitellaweted & Associates Page 124 I M. Oacsenglir Let we 2 Ka. LEOPOLD: lre sot laterniptbe now. 3 DIR. COLIAMAGan Dug if It will sake you happier if I go nee to No. office 5 and este • copy of those photos be we e pert of 6 this deposition and thee 1'11 give thee to the 7 roust gene fffff P II be Man to de it. KA. 1501012: I trust you InPlicitly. 9 however you with to do it. leaver, the 10 decusints. before they leave this rota. need to 11 MTh as exhibit sticky on than with the 12 elistoPrIst• 13 M. 001.09041Th: dent to go get gee? V* 14 debit MTh any. 15 M. LEOPOLD: I will do that. exeunt me. 16 Let se the (nerd please. goo can't do 17 that to the noun reporter. she's going to stroke IB out. row can't de that. The have to let Se -- 19 KR. TIEN: flesh your eestenCe. Ted. 10a 20 en the =et lOrriveloded levyer I've over ems In 2) sy life. nee year ttttt nee. 22 xii. LOPPOLD: Jack, tell his not to raise 23 his cola, 24 IM. TIM: >Knish your esteem. to then 25 going to be • period et OM and of the teetenca or — - - EFTA00185277

Case 9:08-cv-89119-KAM Document 15-2 *nsor & Associates Entered on FLSD Dicihenst:r6/30/2008 Page 33 of 35 &Acsnriates 0 0 J 2 3 4 5 6 7 B 9 10 Il 12 13 le IS 16 17 *mottene. Scorer thea to loprOPer- *Det MI lø ammer. ense yste ra* osetalro In * 19 %boy en to he merket Med you hom aatumall te do 20 ømt *nupor* ler whet over roman. 21 NR. TUM: Tours stoa,. yr.oto6 your 22 mutencre henne yOu're talgisp &bedt seathIng 23 you have nO idem. 24 &&&&& ringt* eae ir marked, red. Mory 25 olmt* ome ia Mmody mirked. OM You amt to Paulo 12f Ir it lust ge‘ng to be Ga atter os memo* CO *hud. lemper. MR. LOOPOLD: All right. ne eatlattg, 1 cent you tro. tatla. [hm. tut 1 +Ml paleet ad 1 Mil be bringing it to the ...ert fot senetless. Tau cannot tale the oxhiblts out ot nr roen vitshut tea 0401 »nået I *ant the. setled. %new» you ~set Idootitt in the revord what wen used. Kad with all deri tirepet te Ne. Goldborgeo, 1 do est -- the way tale asp* LLLLLL to gotog. r M att. samt te selv on Counsol fron glant te mrk the opprOprtat• exhihlts. I MIL net db tat. I tomset promat you tran t•ting thea. est it you ele. I vill te belaging thematter to ~court vip. opproptlat• %e. Fax. fax I6SS Paitneeach Y t %, S03~ R.MADI sor & Associates 3 2 3 5 • e 9 10 12 13 14 IS 16 17 18 19 20 21 22 23 Pope 127 flolob. Tea bohave. NR. UNDOLD: bent geist your timor at MR. /RIR: Listen. le gatt med I mfl hen • ame ta peila It et tea. M. Lt0.060e bent polet your floget ot -- NA. TIM Nr. Leopold - le. 1.60.014; cen't polet your tinger åt ML TRIN: Ni. Leopold, let em flatet'. N*. LIMP0141: Con't your talet eltar. M. TRIM Nr. Leopold -- KR. LKOPOLD: Jon, do ved mint to talte can ot thai ra. TRIN: Lat me i1p/th sy *engtet. PM «Slatt, mo marked. R are velting at of Må* You ar. ~ege who aliereproismås the . renord. IL lo almOlately *tala ubot you do. Ilen ia not be. • Mimer should bebo». fl ira dopcoltion is over. 404 sil get your erhitåt*. Ks. Laapold. M. cottemOnt, t uneeretenclehat >earl* 24 *sying, MtChaeg, and I understand 114's ',snitten. 25 Just 60 °ovre we're going to hån lot* PReflot. --1655 Palm Ø I 14-334°I. 0 2 3 5 6 7 B 9 ID 11 12 13 14 15 16 1.1 18 19 20 21 21 23 24 25 Prege 126 gren apsot imeeMalm. Mat Mogit om is timsly safted. rart that sillY. god? M. OOLMNIMPRe /hin, ytan ot *due this *rei I hete bod en arameere mor tala. KR. You'vo hed, fl o er* obsitrucztonleit. yen ore • lier. tos håve ILed aad wi•repreeented things, for the (sat& Tote om gerendstemleng. NA. LIWOCUM rov mad te beck Ly. No. Trio: mo. no. l'o geir. to finish. Me. LUDITOLDe you can Slelsåt. byr doe't bent oset 1••• KR. ALM se we Is Nonne, mel you. Stop trylt. to sete å lyte, ~eid. Ist ir My oeratblog *loe. tes't Sn due thratal1 a* ette ...etla». atm( pus LIS in e letter to sy M-00Ienorel *best the Mot - n mist. le mist end let as tfalea. Toe 114.1 in • lotter te Dy oesceonfol. Nr. Gomle. in ela. ka* seld -- it amer • ocapleto ond urter lie -- tat nu vor* un LLLLL Mie Cal* Domini ~agna gou Rod • hertig. That am e Ila. I han noter teen • ImMer deig. to de vanning like that. Le toa vill get the es -- he maiet. Let am 5601. 111‘25'2 34" — --. —1655 Pari Far. *nsor ~...0,....~.... &AgAnciates 2 3 5 6 B 9 10 11 12 13 Pope 124 of i LLLLL ia this gape. tirra gein to hive lete ot suene to dimmere. l'a gote, to tok* It ovn ime med i's geine to sake 00014. ond mave gasse CO five thea to Ni. ~ar. il ytevent te s lied eima thnhIbis Sahel, sed put ta matbit »ble on It, be ny gamet. rat tart', Mot 1'a ettulag to de. signes: Let a• se) tue things. bedosoi i se hepp) to elva," diemMo. and with ya. I hem ne problem ve C0014 alboge de It pntnamtlly. 1 have not problem. i mat co my tue [Muga ia the »Lord le very eierer. 14 Sira tor Nutelar resten L hete not Dean 15 obl* to Look at ***** å ** homo» they hen hom 16 1.1,156 to heve ane »hom to -- I? a. T814I: That'• • Ile. IB NR. 1105020: Jack. it you reprenen 19 Nat ta docummts huve tar spyrala* mihibit 20 nomora or sesse IdeatifyIng marfloa, 25, 30.080. 21 stuten; they my be, thea ytra an tala cha. alke 22 ~to, sand 0.1 • stel, orke Ivre the aen 23 repotter Mua copy end thea *ad se • Mil tor 24 sy ropte». Nåes tene. 1 dteln't know Nat they 25 ere ...kol timt wåy hemma. 1 haroå'r tun obl* to Plia0505 Fax. 105g Beacn LaMe . . EFTA00185278

Case 9:08-cv-in119-KAM Document 15-2 Entered on FLSD Doi n et 06/30/2008 Page 34 of 35 • sor & Associates epe e VI a 40 •alk sor & Associates M ID* C) 0 0 0 2 3 4 $ 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 Page 129 toet at ilea. IC. OOLOOSRCita. Tbey sec eteded. sad the seer that we've wide reference to in ton deposition Coincides with the becocling. MR. LIOSOLO: that'. fine. Bight by eleven color lases Cede. are floe. W. SeetWeet The Sete Attorneys Office is not gOIng to aerie ended) for color Copies I print out. MS. tgeed: that's flee. i.eO going to eke the bee to his office. Secondly -- asid I will he nee lean happy to 60 it, because it Mande like yell all know sore *bout it than I -- bet Sony to get affidavits. Ire Ns. Pincus. Pee Stern. overybedy glee *bout wet happened with this Marled today, because I know very little Meet it. Sat ey reel 44444 teens are what they are. MR. 00teede: They stay -- se. tICOCCO: et vs 'bet finish lot the ecord. My repieNseattons or oensente *bout Het happened. eon bet the eerie this e rnes,. 1 knew very little shout It. let. GOLZSCNCIIR: I II take yobs word On —.1655.Fin er0Pharn i • P1;t 5a 00 l. FL 33401 liOnsor & Associates Reenetieseetie 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Peg* 131 have b ides, but if per co-counsel ideas en affidavit to that effect (coo Pr. PinCull. is sere than bepPY to of it. set I don't knee the Tease why St was canceled. • TiiN: I don't need it. got wbat I do take segue with is regardless of why it wog canceled. you owed oe the courtesy of saying. Ton Mile what/ we can start earlier this geeing. MR. Videle I owe 1.0e nothing. NS. 24.111, I gout care. Wait interrupt illeCaVele Seabee/led hie vacation plena Seen of ye. *4. 001Ailegfal limit's all right, [hat10 all right. MM. ruin And 'mire selflah. hod the dope tttttt le over. Coed-by Mr. Leopold. KR. COICSOCCRI You can go off the record. • 0 rage 130 that. 2 boll. 4400040. No. no, no. 1 just put It on 3 the record. I will get an affidavit -- 4 •Bettalhe it founds you need it -- from Mr. Pines. I have no clue about hat happened end 6 why It wan exceed. All 1 was told when t was 7 out Of town yestereay was that the hearing this 0 anteing was ceacelled. 9 NR. GOLOKR4411: 1.11 tote your vote for 10 it. 11 NA. L4Ofee if you wont en affidavit, 12 I'll get It (Of you. 13 two. o f It's • personal lees for 14 se beseuselhod to disgust • Vacation sad if it 15 was done let been , it wasn't Conweleet for 16 ye. then offended by that. Out If yen's' 11 me that it we resod end St didn't 18 happen, I'll take your word for it. 19 Mg. 14.0tOLO, I as or. than haPPY to get 20 you an affidavit. because I don't knew the swoon 21 My it ye Ceseled other than the fact she. 22 eyeing •tace my deposition ea taken for four 23 Mame en leenchy for propererloa ter the Mating 24 today, for +Ketone /ease* It wee canceled. 1 an 25 told it Ic beteg te-noticed. Thy it we• canceled. itic ri1a.110305- Fit sor & Associates hihehaelheeSihlee 1 2 3 4 The Si-steed Florida. C tttttt CATS 5 County of cafe leach. 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 liege 112 I hereby certify that I have road the foregoing dere:titian by be give, end that the assented* eantaised herein are tree end correct to the but of ay knowledge and belief, with the exemption of any correetiono or notations no* on the erred sheet, lf one was executed. coded this day of . 2000. Pi Fr — 1655 POIM Per a Sach s FL 33401. 1695 Palf0 9.99. 411 Ph. Fax. te 5004001ReaCh, Ft 33401 EFTA00185279

Case 9:08-cv4119-KAM Document 15-2 Entered on FLSD Do et 06/30/2008 Page 35 of 35 r & Associates .risor & Associates ~es meted«. hi 0 0 2 TO: Date: robrozo 25. 2004 1 C/o 3 Office of the Stet. Attorney 401 0. Diaio kighoaf 4 West 'obi beach, Florida 23401 5 rig Di: ITO« Of rtOalte -6. Jirlate tfiTSIK CriSt 2006 Crage54ea 6 Paso 132 please teas melee Coat on wodoesday. tel V 20th et rebrimary. 2009. you gave your (141»oltion La the abovo•reforred matter. At that tie., yea did not waive signature. It le now miessoray that you slain your deposit Ion. 9 Please Call our office et the below-1191.W nester to sc.aacNto ån appOloteent between tel hour. of 10 9,00 'MM. and 4:30 p.a., Monday through Friday. 11 If yea do mot read and sign tare delavaltion within a rookonahlt tie*. tel original, welch had airway 12 peen forwarded to the ordering attorney. may he riled with the Clock of the COOrt. If you valt to wain yogi. 13 sigeature Dien your name in tel blank at tel Lotto. of this letter aeS return it to us. 14 Very [rely your., 15 eolith F. Censor, tel 16 censor å asecesatire ftworrin add TraalidllPtleal 1455 Pala Mach Lakes boulevard. Salto 500 17 dolt Pol. beach. Florida 33401 le 1 de hereby waive ag signature: 19 20 cc via ttaidorfOR: 21 22 file easy 23 24 25 alai A. 001.0~, CSO. ego- ~mu 2. Till,. Mi. 1101000R1 J. LEOPOLD. ISO. Pit ,":0 )0L~ttothm . 33402 likeznernalumeysiaz sor & Associates Pad* 135 1 Tie Sine OF FIORDS, 1 2 CCOIST OT PAW «Wk. 3 4 5 I. tel geferaltmod authority. cattle,. that 6 Ille9erl°"ellY appeared before mg on the 20th 7 of rebruary, 200* end wee duly sworn. 9 ninth ny hand and official seal Oda 25 day 20 of February. 2001. 11 12 13 14 Pae4 414 40n- 15 16 17 le 19 20 21 22 23 24 25 Judith F. Ccezor, PPP rotary Public - State of Florida Page 134 1 0X[51 2 n Az: alaar.f.derrutY 'Pinta DtCOSITZOM pe: TAX0e, February 20th, 3 2000 LO let *Pitt Oa TiVatEtItIFT - EMU atAlftWA SIM 4 YES I snit r CHM« PIPS« 5 a 9 10 11 12 13 Li 15 16 17 l0 29 20 21 new female tel origloal signed errata Sheet to this office so that copies hey be distributed to all 22 coder mashy of perjury. I declare that I hove teed my 23 depataten end that it la true sad correct subject to any chap. in term or substan **toted hare. 24 DOTI: Grann OP OfeatraT: 25 PIB FMc _ _______ÄqUeneold,M;r5a a 33462 C) liOnsor & Associates theatieehaerehhhe C ..... !CATS 2 TM State Of Florida, 1 3 Casty Of Iola aeaca. ) 4 S I. Judith F. Connor. Court Aporter end rotary Public la end for tel state of lionize et lotto, do 6 7 hereby certify that X was authorized to did stenographically report the ClepOoltiOn of that a review of the transcript sag ragmen f end lite foregoing Pages. ricahoired erne I to 131. inclusive, fir* a trim and correct traneeripti« of my scenographic notes of said dOPosltIOn. 9 Pau 136 I farther certify that said dzszoltlen was. 10 taken at the thee and piece herolaabov• sec forth and that the taking of sold depeatelac Wa onemencod and 11 towline:1 en boroltabooe pet out. 12 1 further fortify that i es not an attorney or coos», of any of the parties, nor all I a relative or 13 arpleyee of say interney or counsel of forty coenacted with the action, nor as 1 financially interested in the 14 «ties. 12 Tie foregoing certification Of this transcript doe aot apply to say rePrOdeCtlea et the ea« by any 16 Dew unless under the dictate control and/or direction of the certifying reporter. I? DATtD this 22 day of February, 18 19 20 21 22 23 24 25 scrti Judith P. Orator. court Repo Florida Profgeaional Reporter Ph. 1655 PST 8880 C - y133401 Ph. 16S5 fah Beach ,FI.33401 EFTA00185280

Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 1 of 51 1 2 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO. 08-80119-CIV-MARRA 4 I WEST PALM BEACH, FLORIDA JANE DOE, et al., 5 Plaintiffs, I JUNE 12, 2009 6 vs. JEFFREY EPSTEIN, Defendant. 9 10 7 8 11 12 TRANSCRIPT OF MOTION HEARING BEFORE THE HONORABLE KENNETH A. MARRA, UNITED STATES DISTRICT JUDGE APPEARANCES: 13 FOR THE PLAINTIFFS: 14 15 16 ADAM D. HOROWITZ, ESQ. Mermelstein & Horowitz 18205 Biscayne Boulevard Miami, FL 33160 305.931.2200 For Jane Doe BRADLEY J. EDWARDS, ESQ. 17 Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard 18 Fort Lauderdale, FL 33301 Jane Doe 3, 4, 5, 6, 7 19 954.522.3456 20 ISIDRO M. , ESQ. Elkins Boehringer 21 224 Datura Avenue West Palm Beach, FL 33401 22 Jane DOE II 23 RICHARD H. WILLITS, ESQ. 2290 10th Avenue North 24 Lake Worth, FL 33461 For C.M.A. 25 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTIO GOVERNMENT 1 EXHIBIT 11° EFTA00185281

Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 2 of 51 2 1 ROBERT C. JOSEFSBERG, ESQ. 2 Podhurst Orseck Josefsberg 25 West Flagler Street 3 Miami, FL 33130 For Jane Doe 101 305.358.2800 4 (Via telephone) 5 KATHERINE W. EZELL, ESQ. Podhurst Orseck Josefsberg 6 25 West Flagler Street Miami, FL 33130 7 For Jane Doe 101 305.358.2800 8 FOR THE DEFENDANT: ROBERT D. CRITTON, JR., ESQ. MICHAEL BURMAN, ESQ. 9 Burman Critton, etc. 515 North Flagler Street 10 West Palm Beach, FL 33401 11 JACK A. GOLDBERGER, ESQ. ' 12 Atterbury Goldberger Weiss 250 Australian Avenue South 13 West Palm Beach, FL 33401 14 ANN , ESQ. 15 Assistant U.S. Attorney 500 East Broward Boulevard 16 Fort Lauderdale, FL 33394 For U.S.A. 17 MARTIN G. WEINBERG, ESQ. 18 20 Park Plaza Boston MA 02116 19 (Via telephone) 617.227.3700 20 JAY LEFKOWITZ, ESQ. (Via telephone) 21 REPORTED BY: LARRY HERR, RPR-RMR-FCRR-AE 22 Official United States Court Reporter Federally Certified Realtime Reporter 23 400 North Miami Avenue, Room 8N09 Miami, FL 33128 305.523.5290 24 25 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185282

Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 3 of 51 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: We are here in the various Doe vs. Epstein cases. May I have counsel state their appearances? MR. HOROWITZ: Adam Horowitz, counsel for plaintiffs Jane 2 through Jane Doe 7. THE COURT: Good morning. MR. EDWARDS: Brad Edwards, counsel for plaintiff Jane Doe. THE COURT: Good morning. MR. : Good morning, Your Honor. Sid for Jane Doe II. THE COURT: Good morning. MR. WILLITS: Good morning, Your Honor. Richard Willits, here on behalf of the plaintiff C.M.A.. THE COURT: Good morning. MS. EZELL: Good morning, Your Honor. I'm Katherine Ezell from Podhurst Orseck, here with Amy Adderly and Susan Bennett, and I believe my partner, Bob Josefsberg, is going to appear by telephone. THE COURT: Mr. Josefsberg, are you there? MR. JOSEFSBERG: I am, Your Honor. THE COURT: Good morning. MR. JOSEFSBERG: Good morning. THE COURT: All right. Do we have all the plaintiffs stated their appearances? Okay. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185283

Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page4of51 4 1 Defense? 2 MR. CRITTON: Your Honor, Robert Critton on behalf of 3 Mr. Epstein, and my partner, Michael Burman. 4 THE COURT: Good morning. 5 MR. GOLDBERGER: Good morning, Your Honor. Jack 6 Goldberger on behalf of Mr. Epstein. 7 THE COURT: I see we have some representatives from 8 the United States Attorney's Office here. 9 MS. : Good morning, Your Honor. Ann 10 for the U.S. Attorney's office. 11 THE COURT: Good morning. 12 Who else do we have on the phone? 13 MR. CRITTON: Your Honor, we have two members of the 14 defense team are on the phone, also. 15 THE COURT: Who do we have on the phone? 16 MR. WEINBERG: Martin Weinberg. Good morning, Your 17 Honor. 18 MR. LEFKOWITZ: Jay Lefkowitz. Good morning, Your 19 Honor. 20 THE COURT: Good morning. 21 I scheduled this hearing for very limited issues 22 which, as you all know, there's been a motion by Mr. Epstein to 23 stay the civil proceedings against him. The one issue I have 24 concern about is Mr. Epstein's contention or assertion that by 25 defending against the allegations in the civil proceedings, he TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185284

Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 5 of 51 5 1 may expose himself to an allegation by the United States in the 2 non-prosecution agreement that he's violated that agreement and 3 therefore would subject himself to potential federal charges. 4 I had asked for some briefing on this. I asked the S United States to present its position to me. And I received 6 the Government's written response, which I frankly didn't find 7 very helpful. And I still am not sure I understand what the 8 Government's position is on it. 9 So first let me hear from Mr. Epstein's attorneys as 10 to what do you believe the concern is. I don't believe the 11 non-prosecution agreement has ever been filed in this Court; am 12 I correct? 13 MR. CRITTON: To my knowledge, Your Honor, it has not. 14 THE COURT: So I don't believe I've ever seen the 15 entire agreement. I've seen portions of it. 16 MR. EDWARDS: Your Honor, I believe that it was filed 17 under Jane Doe 1 and 2 vs. United States of America, case under 18 seal in your court. 19 THE COURT: Okay. 20 MR. EDWARDS: In a separate case. 21 THE COURT: In that case, okay. Was it actually filed 22 in that case? 23 MR. EDWARDS: I filed it under seal. 24 THE COURT: In any event, what's Mr. Epstein's concern 25 about if you defend the civil actions, you're going to expose TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185285

Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 6 of 51 6 1 yourself to a claim for a breach by the United States of the 2 non-prosecution agreement? 3 MR. CRITTON: Robert Critton. 4 Your Honor, our position on this case is, I'd say is 5 somewhat different. When this issue originally came before the 6 Court, as you are aware prior to my firm's involvement in the 7 case, there was a motion filed on behalf of Mr. Epstein seeking 8 a stay. And I think it was in Jane Doe 102 and then 9 subsequently Jane Doe 2 through 5 because all of those cases 10 were filed on or about the same time. 11 And at that time the Court looked at the issue and it 12 was based upon a statutory provision at that time. And the 13 Court said I don't find that it's applicable, or for whatever 14 reason I think the Court said I don't consider that to be a 15 pending proceeding or a proceeding at that particular time. 16 In that same order, which was in Jane Doe 2, I 17 believe it's -- not I believe, I know it's docket entry 33, the 18 Court also went on to talk about at that particular point in 19 time dealt with the issue of the discretionary stay. 20 And the Court said at that time, I'm paraphrasing, but 21 the Court also does not believe a discretionary stay is 22 warranted. And what the Court went on to say is that if 23 defendant does not breach the agreement, then he should have no 24 concerns regarding his Fifth Amendment right against 25 self-incrimination. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185286

Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 7 of 51 7 1 The fact that the U.S. Attorney or other law 2 enforcement officials may object to some discovery in these 3 civil cases is not in and of itself a reason to stay the civil 4 litigation, so that any such issue shall be resolved as they 5 arise in the course of the litigation. 6 And I would respectfully submit to the Court that the 7 position that the Government has taken in its most recent 8 filings changes the playing field dramatically. Because what 9 the Government in essence has said as distinct from the U.S. 10 saying is, well, we object to some discovery, or we may object 11 to some discovery in the civil cases. 12 What they have, in essence, said is if you take some 13 action, Mr. Epstein, that we believe unilaterally, and this is 14 on pages 13 and 14 of their pleading or of their response memo 15 to the Court's inquiry, they say if Mr. Epstein breaches the 16 agreement. They said it's basically like a contract, and if 17 one side breaches, the other side can sue. 18 In this instance what the Government will do is if we 19 believe that Mr. Epstein has breached the agreement, we'll 20 indict him. We will indict him. And his remedy under that 21 circumstance, which is an incredible and catastrophic catch 22 22 is, we'll indict him and then he can move to dismiss. That's a 23 great option. 24 In this particular instance my mandate in defending -- 25 and that's a dramatic change in the Government's position, TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185287

Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 8 of 51 8 1 because the Government is not saying, and the Court was pretty 2 specific in what you asked the Government for in its response 3 is, in essence, and it's the same question in a more limited 4 fashion you're posing today is whether Mr. Epstein's defense of 5 the civil action violates the NPA agreement, the 6 non-prosecution agreement, between the U.S. and Mr. Epstein. 7 And the Government refuses to answer that question. 8 They won't come out and say, yes, it will, or no, it won't. 9 What they're doing is they want to sit on the sideline, and as 10 their papers suggest is, they want us to lay in wait and that 11 if, in fact, they believe he violates a provision of the NPA as 12 it relates to the defense of this case or these multitude of 13 cases, then they can come in and indict him -- no notice, no 14 opportunity to cure. 15 We don't think that's what the NPA says, but that's 16 certainly what their papers say. We'll indict him, no notice, 17 no opportunity to cure. We will indict him, and his remedy 18 under that circumstance is that he can move to dismiss the 19 indictment. 20 Well, that's great except Mr. Epstein, his mandate to 21 me and I know his mandate to his criminal lawyers, is: Make 22 certain I don't do anything, in particular in these civil cases 23 that would in any way suggest that I am in willful violation of 24 the NPA. 25 Now, in the Court's prior ruling in the docket entry TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185288

Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket06/24/2009 Page9of51 1 33, certainly some aspects of the NPA are within Mr. Epstein's 2 control. There's no question about that. But aspects that 3 relate to the defense of these cases, either in terms of the 4 civil lawyers who are defending these, I think there's 12 or 13 5 pending cases in front of you, there's another four cases in 6 the state court, is the risk is substantial, it's real, and it 7 presents a chilling effect for the civil lawyers in moving 8 forward to determine whether or not we're taking some action 9 that in some way may be a violation of the NPA. 10 And the Government's, again, refusal or non-position 11 with regard to past acts that have been taken in the civil case 12 with regard to the defense or future acts that we may take with 13 regard to these contested litigation casts an extraordinary 14 cloud of doubt and uncertainty and fear that the defense of 15 these cases could jeopardize Mr. Epstein and put him in the 16 irreparable position of violating the NPA and then subsequently 17 being indicted. 18 In this particular instance, again, Mr. Epstein has no 19 intention of willfully violating the NPA, but it's of great 20 concern to him. And I'd say with the position that the 21 Government has taken, no notice, no cure period, no opportunity 22 to discuss. Again, we think that's not what the NPA provides, 23 it's not what the deal was between the two contracting parties, 24 the United States and Mr. Epstein. But that's clearly what 25 their papers say under the circumstances, and it would create TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185289

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 10 of 51 10 1 this irreparable harm to Mr. Epstein under the circumstances. 2 In essence, we're left with a catch 22 in defending 3 the civil cases. We have a mandate to take no action, to take 4 any action which may be deemed to be a violation of the NPA, 5 either in the past or in the future, which would in any way 6 risk Mr. Epstein being indicted by the United States. 7 He has the clear risk of an indictment based upon the 8 papers that the Government filed. It's real, it's not remote, 9 and it's not speculative. It chills the action of the defense 10 in this instance of both Mr. Epstein and his attorneys in 11 trying to defend these cases and decide under the circumstances 12 can we do this, can we take this position with regard to 13 depositions, can we take this legal position with regard to 14 motions to dismiss, with regard to responses, with regard to 15 replies? 16 And we send out paper discovery. Is this in some way 17 if we contact someone who may be an associate of these 18 individuals as part of our investigation, is that potentially 19 in any way a violation of the NPA? Again, we don't think so. 20 And, obviously, again, my direction has been from my 21 client: Don't take any action that would result in me being 22 indicted under the NPA. Well, that's great. But, generally, 23 civil lawyers or civil lawyers in defending a personal injury 24 case or a tort case, which is exactly what these are, and from 25 a practical standpoint, we use various tools to do discovery. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185290

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 11 of 51 n 1 They're standard. They're specific. They're very temporary. 2 Very typical. 3 But in this instance, as the Court knows, things are 4 not typical with regard to this case in any way, shape or form. 5 We can't even serve subpoenaes, there's objections and there's 6 -- we can't even serve objections to third parties so we can 7 obtain documents unless we have to filter it through the 8 plaintiffs' attorneys. They won't allow us to use their 9 clients' names, even in a subpoena that would never be filed in 10 the court. 11 How do we do a deposition of a third party? We wanted 12 to take the deposition of Jane Doe 4. Well, who is she? Well, 13 we can't tell you that. Well, who's the defendant? Well, we 14 can't tell you that because nobody wants anybody to know 15 anything about the case. They want to present it strictly 16 through rose-colored glasses. 17 And in this particular instance, we simply can't 18 defend this case or take certain action with the spector 19 hanging over us that, in fact, the Government may deem it to be 20 a violation of the NPA, because very clearly in their response 21 papers, they don't say. They say we don't take the position, 22 and then they take a substantial position is we think there's 23 not all that substantial factors that would entitle him to a 24 stay. 25 Except for the one major issue which the Court posed TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185291

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 12 of 51 12 1 in the question is, is can he defend these cases? That's what 2 I really want to know. Can he defend these cases and, in 3 essence, what he has done in the past or what his defense team 4 has done in the past and what they're going to do in the 5 future, can you give him, Epstein, assurances that the 6 Government under this situation, whatever he does, based on 7 advice of counsel, that that cannot be a willful violation of 8 the NPA, which they can -- they, the U.S. -- can then turn 9 around and say that's a violation of the agreement and, 10 therefore, we're going to go proceed to indict you under the 11 circumstances. 12 Our position is, Your Honor, is that the U.S. has now 13 cavalierly suggested that, as they did in picking up on the 14 court's docket entry or prior order, is, look, compliance with 15 the NPA is solely up to Mr. Epstein. In this type of balance 16 of equities, it doesn't speak in favor of a stay. 17 Well, that's great. And maybe that was the position 18 back in '08, on August 5th of '08, when the issue came up in 19 front of the Court with regard to the initial stay. 20 But the Government's papers under these. circumstances 21 suggested a very different set of circumstances. Their own 22 unilateral, which is the issue that we argued in the motion for 23 stay, is that the Government's position is that we can 24 unilaterally indict this man if we think he's breached the NPA. 25 We don't think that's right, but we have no buffer TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185292

Case9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 13 of 51 13 1 between us and the Government. They'll say, and as the Court 2 knows, the Government has substantial power. The Government 3 does what it wants. Most of the time hopefully they're right. 4 Sometimes they make mistakes. 5 But in this particular instance, my client has rights. 6 We think that there's notice provisions, we think there's cure 7 provisions under the NPA. That's not what their paper says 8 under the circumstances. 9 And what we'd like to know from the Government, and 10 maybe the answer is basically what the Court asks is, let the 11 Government come forward today and say, based on the knowledge 12 that we have, or as of today's date, June 12th, 2009, we, the 13 Government, agree that there is no set of circumstances, not 14 that we're not aware of, but as of today's date, there is 15 nothing that exists that would be a violation of the NPA. 16 THE COURT: Well, that's way beyond what I'm 17 interested in. I don't know what Mr. Epstein may have done 18 outside the context of defending this case that may constitute 19 a violation. And if he has done something outside the context 20 of defending this case that's a violation, I don't care. 21 That's between the United States and Mr. Epstein. 22 I'm only concerned about whether anything he does in 23 defending these civil actions is going to be a violation of the 24 non-prosecution agreement. If he has done something else, it's 25 none of my business, and I don't care, and I'm not going to TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185293

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 14of51 14 1 even ask the Government to give you an assurance that he hasn't 2 done anything that might have violated the agreement up till 3 today. I'm only interested in defending these civil actions. 4 MR. CRITTON: Then I would respectfully submit to the 5 Court that the Government be asked in that limited context, are 6 they as of today, whether there were or not, but as of today is 7 there anything that has been done or will you take the 8 position, the United States, that any position that Mr. Epstein 9 has taken with regard to defending these civil cases is in any 10 way a violation of the NPA? 11 THE COURT: Well, I'm not sure what they're going to 12 say, but that might -- that cures the problem up to this point. 13 But then we have to deal with what's going to happen from here 14 on in. And that's another issue that we have to deal with. 15 So I understand your position. 16 But has anyone suggested to you on behalf of the 17 United States that there is something that you've done in 18 defending this case that they believe may or could be construed 19 as a violation of the non-prosecution agreement? Has anyone 20 pointed to anything that you've done? For example, the fact 21 that you've wanted to take their -- I don't know if you've 22 noticed depositions or not in this case, but if you've sent 23 notice of taking deposition, if you sent requests for 24 production of documents, if you sent interrogatories, if you 25 issued third party subpoenas? Is anything you've done thus far TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185294

Case 9.08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 15 of 51 15 in the context of this case been brought to your attention as a ) potential violation? MR. CRITTON: I have received no notification nor am 1. 4 aware that we've received any notification of any action that 5 we have taken today. As I suggested to the Court, I don't know 6 when they've done or not. And in their papers they suggested, 7 well, we don't know everything that's gone on in the civil 8 litigation. 9 But from a practical standpoint, it was a number of 10 comments that were made in their papers is, we can indict, we 11 can see if there's a breach. 12 Judge, I may have some -- 13 THE COURT: Before you go on. 14 MR. CRITTON: I'm sorry. 15 THE COURT: You've focused a great deal on the 16 Government's response to my inquiry as supporting your position 17 that you're in jeopardy. But you've made the suggestion, even 18 before this brief was filed, that defending the case was going 19 to potentially result in an assertion or allegation that you 20 breached the non-prosecution agreement. 21 So what was it that caused you to make that initial 22 assertion? Because that's what caught my attention, was not -- 23 this brief that the Government has filed was in response to 24 something that you filed initially in your most recent motion 25 for a stay which raised the issue. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185295

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 16 of 51 16 1 So what was it that gave you some concern to even 2 raise the issue that defending this case is going to constitute 3 a breach? 4 MR. CRITTON: Because there are other instances where 5 counsel other than myself, not in the civil aspects, where 6 allegations have been made and letters have been sent by the 7 United States suggesting that there's been a violation of the 8 NPA. And under those circumstances, some notification was 9 provided. 10 THE COURT: Did it have anything to do with defending 11 the civil actions? 12 MR. CRITTON: It did not. 13 THE COURT: So then why was that issue raised by you 14 in the first instance? 15 MR. CRITTON: Because of the prospect that the 16 defendant could take, that the U.S. would take the position 17 under the circumstances that a position that we took with 18 regard to the contested litigation may well impact, that the 19 Government may have a very different view of what the 20 interpretation of the agreement is. 21 And as an example is a number of the parties, and I 22 know the Court doesn't want to get into a discussion, the issue 23 is, is under 2255 is that from the defendant's perspective the 24 deal that was cut on that, it was a very specific deal. It 25 dealt with both consensual and contested litigation. It dealt TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185296

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 17 of 51 17 1 with a secret list of individuals who we had no idea who was on 2 the list, and a commitment that he would under certain 3 circumstances be required to pay a minimum amount of damages, 4 which our position is under 2255 based upon the statute that 5 was in effect at the time, a $50,000 as to anyone who wanted -- 6 who came forward who was on the list and met certain criteria. 7 The position that now has been asserted by a number of 8 the plaintiffs under the circumstances, and it's been pled, and 9 actually a number of the complainants is, is Epstein agreed, 10 and they cite to a letter that was sent by Ms. from 11 the Government, that says he has to plead guilty or he can't 12 contest liability. That may be true under very, very limited 13 or specific circumstances. 14 But what the plaintiffs have done in a number of the 15 cases, and these are pending motions, is they've said is, well, 16 we think C.M.A. cases is a good example, they've pled 30 17 separate counts of 2255 alleged violations. And they're saying 18 under the circumstances is, therefore, we have 2255 violations, 19 there's 30 of them, so 30 times 150, or should be, or whether 20 it's 150, that's the amount of money that we want, so maybe $15 21 million, or whatever the number is. 22 Some of the other plaintiffs' lawyers have been even 23 more creative. They've said is, well, we'll agree that it's 24 only one cause of action but that each number of violations; 25 that is, if 20 alleged incidents occurred, that we would TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185297

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 18 of 51 18 1 consider to be, or that we will argue are violations, then we 2 can take 20 times the 50, or the 150, depending on which 3 statute is applicable. 4 So the Government under that set of circumstance could 5 say, and, again, this is one of the reasons that we raised it, 6 they could say, look, our deal with you was that you couldn't 7 contest liability, that you were waiving liability, or your 8 ability to contest an enumerated offense under 2255. 9 Again, part of the deal was as to an enumerated 10 offense. Okay. Well, what's that mean? What did he plead to? 11 Well, he really didn't plead to anything, which is another 12 issue associated with the 2255. But if the Government comes in 13 and says, no, wait a minute, our position was, is that you're 14 stuck with 2255 and the language within the NPA. And, 15 therefore, whether it's an offense or whether it's multiple 16 offenses or violations or each one represents an individual 17 cause of action, if the Government takes the position that's 18 adverse to what we think the clear reading of the agreement was 19 under those circumstances, they could claim a violation. 20 And as a result -- and that's one of the reasons we 21 put -- that was the most glaring one to us, so we raised that 22 issue. And then when the Government's response came with 23 regard to, is we can just proceed to indict if we think that 24 there's been a breach of the agreement. 25 That puts us at substantial risk and chills our TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185298

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 19of51 ig 1 ability to move forward. Thank you, Your Honor. 2 THE COURT: Thank you. Who wants to be heard from the 3 plaintiffs first? 4 Is there any plaintiff's attorney who is contending 5 that the defense of these civil actions by Mr. Epstein is going 6 to constitute a breach of the non-prosecution agreement? 7 MR. JOSEFSBERG: Your Honor, this is Bob Josefsberg. 8 May I speak? 9 THE COURT: Yes, sir. 10 MR. JOSEFSBERG: We're not quite confident that any 11 breaches of any agreement, which were third-party 12 beneficiaries, should be resolved by you. We're not saying it 13 shouldn't. But we have not raised any breach of agreement. We 14 think that is between the United States and Mr. Epstein. 15 What I find incredulous and disingenuous is that 16 Mr. Epstein is saying that he wants a stay because he may be 17 forced into taking actions in the defense of this case that 18 would violate the agreement. 19 And let me make our position clear on that. If he 20 wants to move to take depositions, interrogatories, production, 21 and they are according to your rulings appropriate, not 22 invasive of the privacy of someone, and they are relevant, then 23 I don't know how those could in any way be violations of the 24 agreement. 25 What I find hypocritical is that there are two parts TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185299

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 20 of 51 PO 1 to the agreement that I am a beneficiary of. One of them is 2 that he has agreed that on any action brought in the 2255, he 3 will admit to liability. 4 And I received on May 26 a motion to dismiss, which 5 we're prepared to respond to and disagree with, but totally 6 contesting liability, saying that the statute doesn't apply 7 because the girls are no longer minors and saying, and this is 8 the great one, saying that the predicate of the conviction 9 under 2255 has not been satisfied. 10 Now, the understanding that I have is the agreement 11 between the Government and Mr. Epstein was that the Government 12 desired to see these victims made whole, and wanted them to be 13 in the same position as if Mr. Epstein had been prosecuted and 14 pled or convicted. And they would be able to have the 15 predicate of that criminal conviction, which just as a matter 16 of liability would just be introduced as proof that he's done 17 this. 18 They, under the agreement, are supposed to admit to 19 liability on limited something that's under 2255. He has 20 filed, but since there is no conviction, there can be no civil 21 suit under 2255, with which we disagree. But it is totally in 22 opposite of the NPA. 23 The second part is there are many young ladies, and 24 this perhaps he can use this to his great advantage, who are 25 humiliated about this entire situation. Some of them won't TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185300

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 21 of 51 21 1 come forward. 2 We were appointed by Judge Davis as a Special Master 3 to represent these young ladies. And some of them don't even 4 want to file suit. They don't even want to be known as Jane 5 Doe 103. They don't want any of the risks for these motions 6 that are pending. 7 And part of the agreement was that if we represented 8 them and they settle, Mr. Epstein would pay our fees. And he 9 has written us as of yesterday that he is under no obligation 10 to pay our fees on settling cases. 11 Now, those two matters, I believe, may be breaches. 12 But I am not asking this Court at this time to do anything 13 about them. Nor am I telling the Government, I'm not running 14 to the Government and saying indict him because I want you to 15 pressure him to do what he agreed to. 16 I'm a third-party beneficiary for that agreement, and 17 I may move to enforce certain parts of it. But as far as the 18 issue of staying the litigation, that is the exact opposite of 19 the intent and the letter of the NPA. The purpose of the NPA 20 was so that these 34 young ladies, these victims who have been 21 severely traumatized, may move on with their lives. 22 And to stay this action would be the exact opposite of 23 the purpose of that agreement and would be horrible 24 psychologically for all of my clients. 25 THE COURT: Mr. Josefsberg, I understand your TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185301

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 22 of 51 22 1 position. And I don't want to argue the merits of whether a 2 stay should or should not be granted. 3 I'm just trying to understand what the ground rules 4 are going to be if I grant a stay or if I deny a stay. And 5 I've already denied a stay once. I have to decide this current 6 motion, and I just want to know what is going to happen if I 7 deny the stay in terms of Mr. Epstein's exposure under the 8 non-prosecution agreement. That's my concern. 9 So if you're telling me that you're not going to urge 10 the United States, on behalf of any of your clients, to take 11 the position that he's breached the agreement because he's 12 taking depositions, because he's pursuing discovery, because 13 he's conducting investigations that anyone in any other type of 14 civil litigation might conduct with respect to plaintiffs that 15 are pursuing claims against a defendant, that those typical 16 types of actions, in your judgment, are not breaches of the 17 agreement and that he can go forward and defend the case as any 18 other defendant could defend, and you're not going to run to 19 the United States and say, hey, he's breaching the agreement by 20 taking depositions and he's breaching the agreement by issuing 21 subpoenas to third parties in order to gather information 22 necessary to defend, then I don't have a problem. But if he's 23 going to be accused of breaching the agreement because he sends 24 out a notice of deposition of one of your clients, how is he 25 supposed to defend the case? TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185302

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 23 of 51 23 1 MR. JOSEFSBERG: Your Honor, you're totally correct. 2 He can depose my client. That's not a problem. But the 3 problem is that these are not typical clients and this is not a 4 typical case. He has written in his pleadings that he wants to 5 publish the names of these girls in the newspapers so that 6 other people may come forward to discuss their sexual 7 activities with these different plaintiffs. That's not your 8 typical case. But are rulings that you'll make in this case, 9 and they're not part of the NPA. 10 As far as my going to the Government is concerned, I 11 find it very uncomfortable for me to use the Government to try 12 to pursue my financial interest in litigation. And I know that 13 Mr. Epstein and his counsel will make much ado about it. So I 14 am not going to be running there. 15 However, if they start taking depositions regarding 16 liability, I will consider that to be a breach because they're 17 supposed to have admitted liability. 18 THE COURT: But, again, I don't have the agreement and 19 I don't remember reading the agreement. But what I'm being 20 told is the part of the agreement that admits liability is only 21 as to a 2255 claim, and there are numerous other personal 22 injury tort claims other than 2255 claims. 23 And there's a limit of damages on the 2255 claim, as I 24 understand it, but I presume that all the plaintiffs are going 25 to seek more than the limited or capped amount of damages in TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185303

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 24 of 51 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the non-prosecution agreement as to the other claims. And so why aren't they entitled to defend and limit the amount of damages that your client is seeking on the non-2255 tort claims? MR. JOSEFSBERG: Your Honor, you are correct. On non-2255 tort claims, they are permitted to do the defense, whatever is appropriate. My cases are pure 2255 on which liability under the agreement is supposed to be admitted. Now, as to the amount of damages, there are legal issues that will be before you and under the C.M.A. cases that are getting before you, as to whether it is 50 or 150. That has nothing to do with the NPA. There are legal issues that are before you as to whether it is per statute, per count or per incident or per plaintiff. Those have nothing to do with the NPA. There is no amount in NPA. Those will be resolved. Anyone who has brought a case that is outside of 2255, the defense is permitted to contest liability under the NPA. That's no violation. Under the NPA if someone brought a case under just 2255, Mr. Epstein, if he is to keep his word, cannot contest liability. And there would no need to stay this. Because it is a self-fulfilling agreement. He can contest liability. And as far as the amount of damages, anyone that wants to go over the statutory minimums, of course, he can contest that in any TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185304

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 25 of 51 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 way that is proper under the Rules of Evidence and your rulings. The NPA has no limitation on his contesting damages above the minimum statutory amount. The only thing that he has done is in his actions of refusing to pay for settling defendants, and in his saying that he has no liability under 2255, those appear to be contrary to what's in the NPA. But I'm not in any position right now to claim a breach, and I don't know whether I'd be claiming a breach or enforcing it in front of you, suing him for fees, asking you to have him admit liability, or complaining to the Government. And that's why I'm not that helpful in this situation because I think it's the Government's role. But I do not waive the right to be a third-party beneficiary because pursuant to my appointment, which was agreed to by Mr. Epstein, I and my clients have certain rights, and we want to enforce them. But his defending this lawsuit will not in any way be a violation. His getting this lawsuit stayed would be a violation of the spirit of taking care of these girls, and there would be other issues. Like if there is a stay, Your Honor, would he be posting a bond? THE COURT: We don't need to talk about those issues. That's not my concern. MR. JOSEFSBERG: I agree, Your Honor, we don't. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185305