Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 101 of 165 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE Case No. 09-34791-RBR Chapter 11 IN RE: ROTHSTEIN ROSENFELDT ADLER, P.A., Debtor / VIDEOTAPED DEPOSITION OF JEFFREY EPSTEIN Saturday, 11:05 a.m. 1555 Palm West Palm October 13th, 2018 - 12:10 p.m. Beach Lakes Boulevard, #930 Beach, Florida 33401 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793599

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 102 of 165 2 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 Examination of the witness taken before Sonja D. Hall Palm Beach Reporting Service, Inc. 1665 Palm Beach Lakes Boulevard, Suite 1001 West Palm Beach, FL 33401 (561) 471-2995 APPEARANCES: For Jeffrey Epstein: LINK & ROCKENBACH, P.A. 1555 Palm Beach Lakes Boulevard, Suite 301 West Palm Beach, FL 33401 By SCOTT J. LINK, ESQUIRE By KARA BERARD ROCKENBACH, ESQUIRE For Jeffrey Epstein: ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Ave. South, Suite 1400 West Palm Beach, FL 33401 By JACK A. GOLDBERGER, ESQUIRE For Bradley Edwards: SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 By JACK SCAROLA, ESQUIRE EDWARDS POTTINGER LLC 425 N Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 By Bradley Edwards, Esquire (Telephonically) For Fowler White: CARLTON FIELDS, PA 525 Okeechobee Boulevard, Suite 1200 West Palm Beach, FL 33401 By JOSEPH IANNO, JR, ESQUIRE Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793600

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 103 of 165 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 For L.M., E.W. and Jane Doe: S.J. QUINNEY COLLEGE OF LAW at the UNIVERSITY OF UTAH 332 S. University Street Salt Lake City, UT 84112 By PAUL G. CASSELL, ESQUIRE (Telephonically) ALSO PRESENT Above & Beyond Reprographics 2161 Palm Beach Lakes Boulevard, Suite 412 West Palm Beach, FL 33409 By Manuel Santiago, Videographer Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793601

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 104 of 165 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 INDEX Videotaped Deposition of JEFFREY EPSTEIN Page No. Direct Examination by Mr. Cassell 7 Cross-Examination by Mr. Ianno 34 Redirect Examination Mr. Cassell 39 Cross-Examination by Mr. Scarola 57 Certificate of Oath 62 Certificate of Reporter 63 Read & Sign Letter to Witness 64 EXHIBIT INDEX No. Description Page No 1 Jeffrey Epstein's Sworn Declaration 13 5 Bankruptcy Court Order 34 (Exhibits 2-4 are incorporated in the prior deposition, as agreed by Counsel.) Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793602

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 105 of 165 5 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 VIDEOGRAPHER: We are on the video record. This is the 13th day of October 2018. The time is approximately 11:05 a.m. This is the videotaped deposition of Jeffrey Epstein, In Re: Rothstein Rosenfeldt Adler, P.A. This deposition is being held at 1555 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401. My name is Manuel Santiago. I am the videographer representing Above & Beyond Reprographics. Will the attorneys please announce their appearances for the record? MR. SCAROLA: Jack Scarola appearing on behalf of Bradley Edwards. MR. LINK: Scott Link and Kara Rockenbach on behalf of Jeffrey Epstein. MR. IANNO: Joseph Ianno, Carlton Fields on behalf of Fowler White. MR. GOLDBERGER: And Jack Goldberger on behalf of Mr. Epstein. MR. CASSELL: Paul Cassell, an attorney in Utah on behalf of L.M., E.W. and Jane Doe. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793603

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 106 of 165 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 THEREUPON, JEFFREY EPSTEIN, being a witness in the notice heretofore filed, and being first duly sworn in the above cause, testified on his oath as follows: THE WITNESS: Yes. MR. SCAROLA: For the record, we have agreed by stipulation to incorporate the just concluded -- subject to rulings on objections -- deposition of Mr. Epstein in the circuit court case as part of the record in this deposition being take in the bankruptcy proceeding. And I have no further questions in light of that incorporation. MR. IANNO: I guess I should have asked, because I'm not a party -- Fowler White is not a party in the state court proceedings. Does everybody agree that Fowler White can obtain a copy of the state court deposition, which typically doesn't always happen? Is that acceptable to everyone? MR. SCAROLA: Yes. MR. LINK: Yes. Since it relates to both proceedings, yes, sir. No objection. MR. SCAROLA: So with that, I believe Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793604

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 107 of 165 Mr. Cassell has questions for Mr. Epstein. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. LINK: Mr. Cassell, before you start, I noticed you notice your appearance on behalf of three intervenors. The bankruptcy court's last ruling is that only intervenor L.M. has standing to ask questions at this deposition. So to the extent you seek to ask separate questions for the other two intervenors, the court order does not provide that. MR. CASSELL: We can address that issue, should it arise. I'm not anticipating that that problem will arise. MR. LINK: Very good. Thank you, sir. DIRECT EXAMINATION BY MR. CASSELL: Q Good morning, Mr. Epstein. I represent a victim of sexual assault that I will refer to as L.M. Do you know L.M.? MR. GOLDBERGER: On behalf of Mr. Epstein, Mr. Cassell, he's going to invoke his Fifth Amendment privileges. Do you want him to recite that or would you accept my representation? MR. CASSELL: I would prefer that he Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793605

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 108 of 165 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 recites that. THE WITNESS: On the advice of Counsel, I will assert the Fifth. BY MR. CASSELL: Q It will speed things up if you would just say the Fifth or something like that. I think we can all understand what you're doing, if that's acceptable to everyone. MR. GOLDBERGER: That's fine. Thank you. BY MR. CASSELL: Q Do you have any bias against L.M., sir? MR. LINK: I'm going to instruct you not to answer that question. It exceeds the scope of the permitted deposition by Judge Ray. MR. CASSELL: Can I have some clarification, Mr. Link? I understood I was entitled to ask questions going to L.M.'s interest in this case. And as I pursue that, I was trying to see if Mr. Epstein would have any reason to provide slanted testimony in connection with those subjects. MR. LINK: Yes, sir. The court said, I am going to allow the deposition of Epstein as to knowledge about the disc or possession about the disc, very limited. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793606

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 109 of 165 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So those are the questions in the bankruptcy proceeding that I am going to allow him to answer pursuant to Judge Ray's order. MR. SCAROLA: And it is Brad Edwards' position that issues concerning bias and prejudice are always appropriate with respect to any deponent under any circumstances, absent some specific prohibition by the court with regard to those subject matters. MR. LINK: Well, you have finished on behalf Mr. Edwards. Are you now assisting Mr. Cassell and L.M. as their counsel? MR. SCAROLA: Oh, no. MR. LINK: You have already said you were done, Mr. Scarola. MR. SCAROLA: Yes, I have asked all the questions that I had, but I have every right to state the position of Bradley Edwards with regard to any issue that arises during the course of this deposition. And bias and prejudice of the witness is clearly an appropriate area of inquiry. MR. LINK: I'm going to, again, instruct him not to answer based on Judge Ray's very Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793607

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 110 of 165 10 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 specific limited order of what he will allow Mr. Epstein to answer. BY MR. CASSELL: Q Mr. Epstein, do you have any prejudice against L.M.? MR. LINK: Mr. Cassell, again, I am instructing Mr. Epstein not to answer that question. None of these questions have anything to do with whether he had knowledge of the existence of the specific disc that we are talking about, and I am instructing Mr. Epstein not to answer. BY MR. CASSELL: Q Mr. Epstein, would you have any reason to deny having knowledge about a disc that contains information about L.M.? MR. LINK: Give me a minute. My head is twisted over the question. Would you rephrase it for me, Mr. Cassell, please? MR. CASSELL: Why don't we just have the court reporter read it back. (Thereupon, the requested portion of the record was read back by the reporter as Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793608

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 111 of 165 11 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 above duly recorded.) MR. LINK: I am going to instruct you not to answer the question. I don't understand it. I believe it exceeds the scope of this deposition as set by Judge Ray. MR. CASSELL: What part of the question don't you understand, Mr. Link? MR. LINK: Because I don't understand it at all. It's as though you're asking him does he have a reason to lie about not knowing that Fowler White had a disc in a box -- whatever that disc is -- for a period of eight years. That just doesn't make any sense to me. I don't understand it. BY MR. CASSELL: Q Mr. Epstein, you can answer if you understand it. MR. LINK: He can't, because I have instructed him not to. BY MR. CASSELL: Q Mr. Epstein, do you have any knowledge actually, let's go in this direction. MR. CASSELL: And perhaps Mr. Scarola could assist me and place in front of the witness the declaration of Mr. Epstein filed in Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793609

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 112 of 165 12 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 bankruptcy action. MR. LINK: It's Exhibit 1 to this deposition transcript. So that the record is clear, it was Exhibit 1 to the combined deposition. It is now going to be marked separately as Exhibit 1 to the bankruptcy deposition so that it is part of the bankruptcy proceeding. MR. SCAROLA: The circuit court deposition has been incorporated in the bankruptcy deposition. Do we really need to mark the document twice? MR. LINK: I think it's safer to do it. MR. GOLDBERGER: If we have another copy, why don't we just do it. Do we have another copy? MR. LINK: No, no. I don't think we need another copy. I just wanted the record to reflect -- since we have a new transcript -- it was marked, but it will be an exhibit to this transcript. MR. SCAROLA: The old transcript is part of the new transcript. MR. IANNO: But I don't know if it's going Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793610

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 113 of 165 13 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 to be incorporated in toto. It's one page. Let's -- we all agree that the court reporter can attach Exhibit 1 to both transcripts. That's simple. MR. SCAROLA: Fine. So it will be attached twice? MR. IANNO: Yes. If it was 100 pages, yes, it may be a problem. Butt it's one page. MR. GOLDBERGER: Mr. Epstein has the document, Mr. Cassell. (Exhibit Number 1 was marked for identification.) BY MR. CASSELL: Q Do you see paragraph four of that sworn declaration of facts? A Yes. Q And do you see a reference there to a disc, quote, CD, in that paragraph? A Yes. Q Would you have any reason to deny knowledge about that CD? MR. LINK: Object to the form. And I'm going to instruct him not to answer. MR. CASSELL: On what basis? MR. LINK: The question is not consistent Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793611

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 114 of 165 14 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 with what Judge Ray, in his ruling, where he says very limited to asking him about his knowledge. You want to ask him if he knew about it, you can ask him that. BY MR. CASSELL: Q Do you have any knowledge of the CD referenced in paragraph four? A Yes. Q Do you have any knowledge about information related to L.M. on that CD? MR. GOLDBERGER: I'm going to instruct Mr. Epstein to invoke his Fifth Amendment privileges as to that question, Mr. Cassell. Jeffrey, just say Fifth. THE WITNESS: Fifth. BY MR. CASSELL: Q When did you first learn about information regarding L.M. on that CD? A Sorry. The question again. Q When did you first learn about information about L.M. on that CD? A In February. Q What information did you learn about L.M. in February? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793612

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 115 of 165 15 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 MR. SCAROLA: Excuse me. Hold on just one second. THE WITNESS: I'm answering the question. MR. SCAROLA: No, you're not answering the question until I state my position on the record. It is our position that any disclosure on this record of privileged information is improper. And on behalf of Bradley Edwards, we object to any such disclosure on the record. MR. CASSELL: I'm going to withdraw the question, which will obviate Mr. Scarola's concern. MR. LINK: Okay. Do you have any other questions, Mr. Cassell. MR. CASSELL: Yes, I do. BY MR. CASSELL: Q Do you see paragraph six in the affidavit before you? A Yes. Q And it says, quote, I have never seen the CD nor received a copy of it, close quote. Is that correct? A That's correct. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793613

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 116 of 165 16 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 Q Does that sentence contain all of the information relevant to the CD? MR. LINK: Object to the form. THE WITNESS: I don't understand the question. BY MR. CASSELL: Q Well, it says, "I have never seen the CD." Had you seen information that was contained on the CD when you wrote this affidavit? A I said I have never seen the CD. Q Have you seen information from the CD? A Yes. Q And that was not disclosed in your affidavit, was it? A No. Q Why didn't you inform Judge Ray that you had the information from the CD in other ways? MR. LINK: So, I'm going to -- maybe I want you to answer that question. Judge Ray's order -- Do you want to talk to Mr. Cassell privately? MR. SCAROLA: No. MR. LINK: Judge Ray's order -- Judge Ray's order is limited to whether Mr. Epstein Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793614

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 117 of 165 17 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 had or was aware of the CD, which is a defined term in paragraph four of the submission before -- at any time before receiving it from my law firm. So this submission is specific to Judge Ray's inquiry. Now, if you want to ask him questions about what he saw on that CD -- is that what you intend to do, Mr. Cassell? MR. CASSELL: I intend to ask the question I just asked. MR. LINK: Well, then I am going to instruct him not to answer the question, because, A, it's nonsensical. And, B, it is beyond the scope of Judge Ray's order. MR. CASSELL: You're saying that the only thing we're permitted to ask about is the CD and not information on the CD? MR. LINK: If you want to ask him if he saw the information that's contained on the CD that is the subject of the bankruptcy proceeding before receiving it from me, I won't object to that. Judge Ray used the word disc. And when Counsel said we want to talk about the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793615

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 118 of 165 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information, Judge Ray said no. But if you have a specific question about -- for example, the documents that Mr. Epstein said he received from Mr. Indyke, whether he received those before February 2018, I won't object to that question. MR. CASSELL: And just for the record, the previously propounded question, which I think was proper, you're instructing him not to answer that question? MR. LINK: Yes, sir. MR. CASSELL: Right? MR. LINK: Yes, sir. Hopefully I have given you guidance on a question I don't think is permissible, but I would let you answer it based on what you said I would let Mr. Epstein, rather. MR. CASSELL: And so the record is clear, we disagree with your limited instruction. We think, obviously, information related to this CD is within the scope of Judge Ray's order. MR. LINK: I understand that. Mr. Cassell, so you know, the information that's contained on that CD, 27,000 pages, tens of thousands of pages Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793616

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 119 of 165 19 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 have been produced over the last 10 years, including material that at one time and still remains on the defective privileged log. But Judge Ray has made it clear that the issue in front of him is -- from Mr. Epstein's standpoint is really simple. It's on page 36. And it says, "I am going to allow the deposition of Epstein as to knowledge about the disc or possession about the disc. Very limited." Then I will draw your attention to page 45 where Mr. Scarola said, "We want to be able to litigate before Your Honor a violation of this court's order and retention of documents obtained from the disc." And the court said, "I disagree with you." So the court has made it abundantly clear that its focus is on whether Mr. Epstein knew Fowler White had a disc, whatever that disc may be, before communications with me. MR. SCAROLA: And I will state for the record that you are reading from a transcript Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793617

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 120 of 165 20 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 that does not conform with the subsequently entered order by Judge Ray. MR. LINK: You may argue that to him. MR. CASSELL: That was going to be my point as well. MR. LINK: Go ahead with your question, Mr. Cassell. BY MR. LINK: Q When did you see information on the CD that is the subject of the bankruptcy proceeding? A After February. Q Would you have any reason to lie about stating that you only saw the information after February? MR. LINK: Again, I am going to instruct him not to answer that question. BY MR. CASSELL: Q When did you first become aware of your attorneys' possession of a disc containing information about L.M.? MR. LINK: So, when you say your attorney, are you referring to Link & Rockenbach? MR. CASSELL: I said attorneys plural. Any attorney. THE WITNESS: After February. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793618

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 121 of 165 21 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 BY MR. CASSELL: Q Would you have any reason to lie in stating that you first learned about this after February? MR. LINK: I'm going to instruct you, Mr. Epstein, not to answer the question. BY MR. CASSELL: Q Have you distributed any information about L.M. after February? MR. LINK: Object to the form. Mr. Cassell, are you limiting your question to the information provided by my law firm and Mr. Indyke that came from the CD as defined in Exhibit 1? MR. CASSELL: Yes. THE WITNESS: Sorry. Could you repeat the question? MR. LINK: He's going to repeat it, but go ahead, then I will make my objection. BY MR. CASSELL: Q Have you distributed any information about L.M. after February? A I don't know what you mean by distributed any information. Sorry. Q Have you distributed any information as just described by Mr. Link after February regarding L.M.? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793619

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 122 of 165 22 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 MR. LINK: So, I am going to object that it's redundant of Mr. Scarola's questions. And if you are now asking specific as to L.M., did you -- Mr. Epstein, did you disclose or share emails about L.M. with anyone other than your attorneys, you can answer that question. THE WITNESS: No. BY MR. CASSELL: Q In answering no a moment ago, do you have any reason to lie? MR. LINK: I am going to instruct him not to answer. BY MR. CASSELL: Q Do you have any reason to answer no that would be relevant to the court in evaluating the truthfulness of your testimony? MR. LINK: I am going to instruct him not to answer. BY MR. CASSELL: Q Do you have any reason to be biased in answering with the word no? MR. LINK: I am going to instruct him not to answer. BY MR. CASSELL: Q Do you have any prejudice against my client Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793620

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 123 of 165 23 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 that would lead you to say no when in fact the answer is yes? MR. LINK: I am going to instruct you not to answer. BY MR. CASSELL: Q Isn't it true, sir, that the answer to the previous question should have been yes? A I don't understand the question. Q Isn't it true, sir, that after February, you distributed information about L.M. that you got from the CD? A Could you specifically tell me what information you are referring to? Q Any information. MR. LINK: Unrelated to the emails from the CD that we are talking about, Mr. Cassell? MR. CASSELL: No. Related to any information on the CD. MR. LINK: To someone other than his attorneys? MR. CASSELL: Correct. MR. LINK: He's been asked that question twice and he has answered it. THE WITNESS: No. MR. LINK: The answer is no. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793621

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 124 of 165 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 MR. CASSELL: And it's -- your position, Mr. Link, is I cannot explore reasons why that might be a false answer? MR. LINK: Well, that's different than saying, Are you a liar, which is the only question you have asked. BY MR. CASSELL: Q Is there any reason why that might be a false answer, Mr. Epstein? MR. LINK: Again, I am going to instruct him not to answer. MR. CASSELL: On what basis? MR. LINK: I just told you. All you're doing is calling him a liar. You're not asking questions that would show that what he has said is untrue. So I would allow you to test the veracity of what he said. I'm not going to let you say, Are you a liar. BY MR. CASSELL: Q Is there any reason why your veracity might be called into question with the previous answer, Mr. Epstein? MR. LINK: I'm going to instruct him not to answer. By the word veracity, I meant Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793622

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 125 of 165 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 asking real questions, rather than just accusing him of being a liar. BY MR. CASSELL: Q Would you have any reason to slant your testimony that you've just given, Mr. Epstein? MR. LINK: I'm going to instruct him not to answer. Slant. Another word for liar. Mr. Cassell, if all of your questions are going to be are you a liar, then you can just say that, and I will instruct him not to answer and you don't have to go through every one of them. MR. CASSELL: I don't think you've accurately characterized any of my questions. Why don't you just make your record to each question and we will move forward from there. MR. LINK: Okay. BY MR. CASSELL: Q Mr. Epstein, do you have any documents connected with this CD? A I don't know what you mean by connected with. Q Do you have any documents that refer to the CD? MR. LINK: So, Mr. Cassell, I apologize. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793623

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 126 of 165 26 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 I hate to interrupt. It's definitional. As I have explained, this CD -- whatever this CD is -- is the source of 27,000 pages, tens of thousands of which have been produced in the course of the last 10 years. Many of them have been marked at depositions, including some that are on a privilege log. Some have been included in affidavits. Some have been filed with the court. So the scope of the deposition permitted by Judge Ray relates to Mr. Epstein's knowledge that a CD, as defined in our submission, was held by Fowler White. That's what he has allowed you to ask Mr. Epstein about. Period. MR. IANNO: And on behalf of Fowler White I join. MR. CASSELL: My question was a simple one. I asked him -- Mr. Epstein -- whether he had any documents related to the CD. I don't know that I got an answer to that question. MR. IANNO: Mr. Cassell, this is Joe Ianno. You don't have a time period. The documents, as Mr. Link has said, could have Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793624

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 127 of 165 27 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 come from 10 years and other sources. If you're going to ask him if he has any documents as a result of Link .4 Rockenbach's CD -- the CD from February of 2018, ask him that. But don't be generic and ask him if he just has documents whatsoever without any reference to a specific time period. MR. CASSELL: Why not? MR. LINK: Because it's not within the scope of the permitted bankruptcy deposition. This is not a discovery deposition. MR. IANNO: This is not a generic deposition where we're going into the merits of the case or anything. This is a deposition that's limited to the contempt proceedings that relate to the discovery of this alleged disc. Ask him those questions. But not something from 10 years ago. BY MR. CASSELL: Q On or after February 1st, 2018, do you have any documents connected to the CD? A I don't know what you mean by connected to. Are asking me if I kept any copies of the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793625

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 128 of 165 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 emails that reference your client? Q No. I am asking you whether you have any documents connected to the CD. MR. LINK: Mr. Cassell, I am just going to object and instruct him not to answer the question. BY MR. CASSELL: Q Mr. Epstein, on or after February 1st, 2018, do you have any documents related to the CD? MR. LINK: Again, I'm going to object to the form. I don't know how he can answer that question. I believe it exceeds what the bankruptcy court has permitted. The bankruptcy court was very clear that what has happened post my receipt of the CD is not an issue for the bankruptcy court, so I am going to instruct you not to answer, Mr. Epstein. BY MR. CASSELL: Q Mr. Epstein, on or after February 1st, 2018, do you have any documents connected to L.M. that came from the CD? MR. LINK: I have got the same objection and the same instruction. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793626

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 129 of 165 29 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 BY MR. LINK: Q Mr. Epstein, on or after February 1st, 2018, do you have any documents related to L.M. and related to the CD? MR. LINK: Same objection and same instruction. Mr. Cassell, I promise you, I'm not trying to be an obstructionist here. If you would tailor the question to the bankruptcy proceeding, I will let him answer. BY MR. CASSELL: Q Mr. Epstein, on or after February 1st, 2018, do you have any documents related to the bankruptcy proceeding that are connected to L.M.? MR. LINK: Mr. Cassell, can I ask you a question? Why are you picking February 1st just for an example? Because the disc was first reviewed by my office on February 25th. I didn't know if it was intentional. MR. CASSELL: It is intentional. MR. LINK: Okay. Then I'm going to instruct him not to answer pursuant to Judge Ray's bankruptcy ruling. BY MR. CASSELL: Q Mr. Epstein, on or after February 23rd, 2018, Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793627

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 130 of 165 30 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 do you have any document connected to L.M. from the CD? MR. LINK: Same objection and instruction, Mr. Epstein. BY MR. CASSELL: Q Mr. Epstein, on or after February 23rd, 2018, do you have any documents related to L.M. that are related to the CD? MR. LINK: Same objection. Same instruction. BY MR. CASSELL: Q Mr. Epstein, on or after February 23rd, 2018, do you have any documents related to the bankruptcy proceeding that relate to L.M.? MR. LINK: Same objection. Same instruction. BY MR. CASSELL: Q Mr. Epstein, have you ever had a conversation with Lilly Ann Sanchez related to the CD? MR. IANNO: What time frame? MR. CASSELL: Anytime. MR. IANNO: Then I'm going to instruct him not to answer because Ms. Sanchez was his counsel and based on attorney-client privilege. BY MR. CASSELL: Q Mr. Epstein, without going into the substance Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793628

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 131 of 165 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 of any conversation you may have had with Lilly Ann Sanchez, did you have a conversation with Lilly Ann Sanchez about the CD? MR. IANNO: Same instruction. You can ask him if he had a conversation, but you can't ask him if he had a conversation with his attorney about a specific subject matter, because that reveals the subject matter of the privilege. So you can ask him if he ever talked to Lilly Ann Sanchez, but not about what. MR. CASSELL: So you are instructing him not to answer that question? MR. IANNO: It's attorney-client privilege. Ms. Sanchez was an attorney with Fowler White. BY MR. CASSELL: Q Mr. Epstein, have you looked for any electronic data related to L.M. on or after February 1st, 2018? MR. LINK: I am going to object to the form and instruct you not to answer. BY MR. CASSELL: Q Mr. Epstein, do you have the document I think that's been marked as Exhibit 1 in front of you? A Yes. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793629

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 132 of 165 32 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 Q Do you see paragraph four in that document? A You have asked me that question before. Yes. Q And in that paragraph four, it indicates that Scott Link informed you that he had located a CD. MR. LINK: Yes, sir, that's what it says. BY MR. CASSELL: Q Did he tell you anything about L.M. when he informed you he had located the disc? MR. LINK: I am going to instruct him not to answer based on both attorney-client privilege, work product, and it exceeds the scope of Judge Ray's order. BY MR. CASSELL: Q In February 2018, what did Mr. Link inform you of? MR. LINK: You know Mr. Scarola asked these and I made the same objection. And the objection is both attorney-client, work product and exceeds the scope of Judge Ray's order. BY MR. CASSELL: Q What does paragraph four mean, Mr. Epstein? A It says Scott Link informed me that he had located a disc in Fowler White's files labeled "Epstein Bate Stamp" -- quote, Epstein Bate Stamp. Q Please tell me all that he informed you of. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793630

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 133 of 165 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 MR. LINK: Mr. Cassell, I'm going to instruct him not to answer based on attorney-client privilege, work product, exceeds the scope of Judge Ray's rulings. BY MR. CASSELL: Q It is true, sir, that Mr. Link told you information about L.M. at that time, correct? MR. LINK: Again, I am going to instruct him not to answer for all the reasons I have articulated a dozen times or more. MR. CASSELL: And I take it we agree that today's deposition is limited to liability, not to damage issues; is that correct? MR. LINK: Yes, sir. MR. CASSELL: Because I would have additional questions on damage issue. But since that's not covered, I didn't want there to be some argument that I have waived the opportunity to ask damage questions. MR. LINK: I will not assert that. We are in agreement. MR. CASSELL: I believe -- unless Mr. Scarola has any follow-up that my questions may have caused him to want to ask -- I believe I am done with my questions. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793631

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 134 of 165 34 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 MR. LINK: Okay. Maybe it's now Mr. Ianno's turn. MR. IANNO: What number exhibit are we going to go with? We are going to go with five? then. May I have this marked as Exhibit 5, (Exhibit Number 5 was marked for identification.) CROSS-EXAMINATION BY MR. IANNO: Q Mr. Epstein, after you finish reviewing that document marked Exhibit 5, just let me know. MR. IANNO: Mr. Cassell, just so you know -- I apologize -- Exhibit 5 is the November 30, 2010 bankruptcy court order. MR. CASSELL: Thank you. BY MR. IANNO: Q I want to refer you back to number one and this infamous paragraph four that was discussed now for a little bit. Do you know where the CD originated that's referenced in paragraph four of Exhibit 1? A No, I do not. Q Do you know how it came into Fowler White's Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793632

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 135 of 165 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 possession? A No, I do not. Q When you stated in paragraph four that the Fowler White's file labeled quote, Epstein Bate Stamp, close quote, what is labeled Epstein Bate Stamp? The file or the CD? A I believe the CD, but I'm not sure. Q Now, let me turn to Exhibit 5, which is a bankruptcy court order from November of 2010. A Yes, sir. Q Are you aware of this order? A I have just read it. Q Have you seen it before today's deposition? A I don't recall. Q Did you know of the existence of this order? A I don't recall. Q Let me turn your attention to page two, the third line that begins with Fowler White. A Okay. Q Let's take this phrase by phrase. It states, "Fowler White will not retain any copies of the documents contained on the discs provided to it." And that was discs, plural, correct? A Correct. Q Do you know what discs are referred to there? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793633

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 136 of 165 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 A No. Q Do you know if the discs referred to in Exhibit 5 are the same discs or disc in Exhibit 1? A No, sir. Q Do you know if the disc referred to in Exhibit 5 is a disc that Link found in Fowler White's files -- Link & Rockenbach found -- I'm sorry -- in the Fowler White's files? A Could you repeat the question? Q Sure. Do you know if the discs referred to in Exhibit 5 is the same discs or disc that Link & Rockenbach found in Fowler White's files in February 2018? A I do not. Q The order on Exhibit 5 goes on to state -- the next phrase -- Nor shall any images or copies of said documents be retained in the memory of Fowler White's computers (sic). A Copiers. Q Copiers. Sorry. You're correct. Thank you for correcting me. Do you know if there were any images or copies of documents retained in the memory of Fowler White's copiers? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793634

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 137 of 165 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 A I do not. Q Do you know if the documents contained on the disc that is the subject of Exhibit 1 in your declaration are the same documents from discs referred to in Exhibit 5? A I do not. Q The next sentence goes on to state, "Should it be determined that Fowler White or Epstein retained images or copies of the subject documents on its computer or otherwise --" Do you have any knowledge of whether or not Fowler White retained images of copies of the subject documents on a computer or otherwise? A I do not. Q Between November 2010 and February of 2018, did you have any knowledge as to whether or not a disc that was the subject of Exhibit 5 was retained by Fowler White? A I did not. Q Do you know if, in fact, a disc that is the subject of Exhibit 5 was retained by Fowler White? A I do not. Q I just want to clarifying something. I know we incorporated the previous deposition. I believe Mr. Scarola asked you if you talked to any agent of Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793635

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 138 of 165 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 Fowler White about the discs. Do you recall that? A Yes, sir. Q I had a problem with when he used the word agent. A So did I. Q Did you talk to any attorney with Fowler White -- without disclosing the contents of the communications -- between February 2018 and today about the disc? A I don't remember. Q Do you have any general recollection of calling somebody from Fowler White -- or at Fowler White between February 2018 and today? A I don't remember. Sorry. MR. LINK: Paul, you still there? MR. CASSELL: I am. I will have follow-up questions on these questions. MR. LINK: That's okay. There was just a beep. I thought you got lost there. MR. CASSELL: Thank you for checking. BY MR. IANNO: Q And just to clarify, Mr. Epstein, you have no idea as to whether or not the disc that's referred to in Exhibit 1 is the same disc that's referenced in Exhibit 5, correct? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793636

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 139 of 165 39 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 A I do not. Correct. MR. IANNO: I have no further questions. MR. LINK: Mr. Cassell. REDIRECT EXAMINATION BY MR. CASSELL: Q I believe just a moment ago you were asked about a document identified as Exhibit 5. A Yes. Q And that's dated November 30th, 2009, correct? MR. IANNO: 2010. THE WITNESS: 2010. BY MR. CASSELL: Q I'm sorry. 2010. Thank you. Is that right, Mr. Epstein? A Yes. Q And I believe you answered you had no knowledge of where the disc came from from 2010 onwards; is that right? MR. LINK: I'm not sure that was the question. THE WITNESS: Sorry. Can you rephrase the question? MR. LINK: Can you reask the question? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793637

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 140 of 165 40 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 BY MR. LINK: Q I believe you were asked and answered that you had no knowledge as to how Fowler White came to come into possession of a disc in or about 2009; is that right? MR. LINK: That's not what he asked. MR. IANNO: I object. That wasn't the question or the answer. MR. CASSELL: Well, perhaps the court reporter could assist us by reading back the question regarding how Fowler White came into possession of the disc and Mr. Epstein's answer. MR. IANNO: I can assist you there, Mr. Cassell, and Mr. Scarola can correct me if I'm wrong. That question was related to Exhibit 1 and the disc referenced in paragraph four in Exhibit 1. MR. CASSELL: And my recollection is Mr. Epstein denied having any knowledge regarding the disc, correct? MR. IANNO: He can answer, but the record will reflect what his testimony was. BY MR. CASSELL: Q What was your answer to the question that's Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793638

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 141 of 165 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 just been referred to, Mr. Epstein? MR. LINK: I'm not going to let him answer a question like that. You have to ask him a specific question, Mr. Cassell. MR. CASSELL: I would like the court reporter, then, to read back the question that was asked at the beginning of the set of questions that were just asked regarding a disc coming into the possession of Fowler White. MR. GOLDBERGER: You have to be a little more specific than that. She will be searching for 45 minutes. MR. CASSELL: How about the second substantive question that was asked? MR. IANNO: He's asking for the second question I asked him during my questioning. MR. CASSELL: Second substantive question. MR. GOLDBERGER: Mr. Cassell, the court reporter is asking for direction. The second question that was asked? Is that what you're asking? MR. CASSELL: The second question. (A discussion was held off the record.) MR. LINK: Why don't we go off the record. Mr. Cassell, we are going off the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793639

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 142 of 165 /12 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 record for a minute. THE VIDEOGRAPHER: Going off the record. The time is 11:47 a.m. (A discussion was held off the record.) (Whereupon, Bradley Edwards joins the proceedings.) THE VIDEOGRAPHER: Going back on the record. The time is 11:49 a.m. BY MR. CASSELL: Q And if the court reporter could read back the question and the answer, I think that would speed up my subsequent questions here. (Thereupon, the requested portion of the record was read back by the reporter as above duly recorded.) BY MR. CASSELL: Q Do you recall the answer, "I did not," Mr. Epstein? A Yes. Q Did you have any reason, when you made that statement, to give inaccurate testimony? MR. LINK: I am going to object based on all the objections I made in the past and instruct you not to answer. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793640

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 143 of 165 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 BY MR. CASSELL: Q Did you have any reason to lie when you gave that testimony, sir? MR. LINK: Same instruction and objection. BY MR. CASSELL: Q Did you have any reason to be biased when you gave that answer to that question, sir? MR. LINK: Same instruction. BY MR. CASSELL: Q Did you have any reason to be prejudiced when you gave that answer, sir? MR. LINK: Same. BY MR. CASSELL: Q Did you have any reason to slant your testimony so that it would be harmful to L.M. when you gave the answer to that question, sir? MR. LINK: Same. BY MR. CASSELL: Q Did you have any reason to slant your testimony so it would be biased against any other part in this matter, including Bradley J. Edwards? MR. LINK: Same. BY MR. LINK: Q Isn't it true, sir, that you have substantial reasons to give inaccurate information to the answer to Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793641

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 144 of 165 4 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 that question? MR. LINK: Same. BY MR. CASSELL: Q And, sir, if I was allowed to explore why you gave inaccurate information to that question, we would discover substantial reasons for slanting your testimony; isn't that true? MR. LINK: So I'm going object to form, the characterization, and I'm going to instruct him not to answer. MR. GOLDBERGER: Not just because of form, but it's beyond the scope. MR. LINK: It is beyond the scope and it's a very inappropriate statement for a lawyer to make in Florida -- anywhere. BY MR. CASSELL: Q Was the statement I just made accurate, Mr. Epstein? MR. LINK: I'm going to instruct him not to answer for all the reasons I've already articulated. BY MR. CASSELL: Q Isn't it true, sir, that the statement I just made is accurate? MR. LINK: Same instruction. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793642

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 145 of 165 45 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 BY MR. CASSELL: Q Sir, with regard to all the answers that you gave to the attorney for Fowler White a moment ago, isn't it true that you had reason to slant your testimony against L.M.? MR. LINK: Same instruction, Mr. Epstein. BY MR. CASSELL: Q In general, sir, isn't it true that you have substantial bias against L.M.? MR. LINK: Same instruction, Mr. Epstein. BY MR. CASSELL: Q With regard to the question and answer that we have been talking about -- that is, the November 2010 to February 2018 Fowler White disc possession -- do you have any documents associated with that answer? MR. LINK: Does he have any documents associated with his not having knowledge? MR. CASSELL: Correct. THE WITNESS: I don't understand the question. MR. LINK: How can you have documents about something you don't have knowledge about, Mr. Cassell? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793643

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 146 of 165 46 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CASSELL: That's what I wanted to know, whether the answer to my question is yes or no. THE WITNESS: I don't understand the question. Can you rephrase the question, sir? BY MR. CASSELL: Q Previously we discussed a question which was to the effect that, between November 2010 and February 2018, whether you had any knowledge of a disc being retained by Fowler White. And you answered, I did not have any knowledge. I am wondering if you have any documents associated with your answer? MR. LINK: So, I am going to let him answer the question, but I'm going to note that we had an objection to the production of any documents that were on the duces tecum. But, Mr. Epstein, if you can answer his question about whether you have any documents that confirm that you had no knowledge, then you can answer the question. THE WITNESS: I don't -- MR. LINK: He doesn't understand the question. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793644

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 147 of 165 47 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 BY MR. CASSELL: Q Would you have any documents associated with possession of a disc by Fowler White between November 2010 and February 2018? A Again. I'm sorry. Do I have any what? Q Do you have -- I'm sorry. MR. LINK: I think he's asking you if you have any -- THE WITNESS: Let him tell me. MR. LINK: Mr. Cassell, what's the question? BY MR. CASSELL: Q Do you have any documents associated with Fowler White's possession of a disc between November 2010 and February 2018? MR. IANNO: Mr. Cassell, on behalf of Fowler White, I have to object, because that question is very overbroad. If you want to ask him about specific -- Exhibit 5 is a document that he may have had in his possession that relates to a disc. I mean, you have to be more specific than just saying do you have any documents that relate to it. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793645

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 148 of 165 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CASSELL: From what I understood from Mr. Link, the answer to this question was going to be no because he had no knowledge of anything -- or seems to be a document which shows knowledge. MR. LINK: I think Mr. Ianno's point is your question is broader than what I was saying. MR. IANNO: Right. MR. CASSELL: Well, I'm going to ask the question again, then. BY MR. CASSELL: Q The question is, Mr. Epstein, do you have any documents associated -- I'm sorry. Let me start over. Mr. Epstein, do you have any documents associated with the disc being retained by Fowler White between November 2010 and February 2018? A Are you referring to documents that talk about the disc, or documents from the disc that has 27,000 piece of paper? I don't understand the question. I'm sorry. MR. IANNO: Mr. Cassell, I think if -- I direct the focus of your question on the word retain. Is that correct? MR. CASSELL: That's part of the question Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793646

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 149 of 165 49 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 yes. MR. IANNO: Okay. MR. LINK: The way the question is framed, Mr. Cassell, the witness can't answer it. MR. CASSELL: Well, the witness can explain to me why he can't answer it and I will -- THE WITNESS: Because it's 27,000 -- MR. CASSELL: I'm going to object to the attorneys coaching. The attorneys are entitled to object to my question, and should feel free to do so. But I don't want the attorneys telling me what Mr. Epstein can and cannot do. He's perfectly capable of speaking for himself. MR. LINK: Fair enough. We were trying to be helpful and move it along. Why don't you ask the question and we will decide whether he can answer it or not. BY MR. CASSELL: Q Mr. Epstein, do you have any documents associated with a disc retained by Fowler White in November 2010 and February 2018? A What does associated mean? Q Associated would be the standard definition Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793647

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 150 of 165 50 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 of associated, connected to or related to. MR. LINK: Mr. Cassell, I'm sorry to jump in here. Are you talking about as defined -- the CD in paragraph four of Mr. Epstein's declaration? MR. CASSELL: I was talking, what I thought was well established at this point, about a question that the Fowler White attorney asked and an answer that Mr. Epstein gave about 10 minutes ago. MR. LINK: I think there's a disconnect. MR. IANNO: You're confusing the transcript. MR. LINK: I'm going to do this. Make it easy. I am going to instruct him not to answer the pending question. If you have a different question that ties into whether Mr. Epstein had knowledge before February 2018 of the existence, or whether he had possession of the CD as defined in paragraph four of his submission, I will let him answer that. MR. CASSELL: Why are objecting to him answering this question? MR. LINK: Because it's an overly broad Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793648

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 151 of 165 51 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 question that is unrelated to the bankruptcy proceeding. And as we have talked about extensively here, there are multiple discs. There are 27,000 pages, tens of thousands of which have been produced at various times. And -- so to ask the general question about the contents of the disc is different than asking about the specific disc that's referenced in the affidavit and the submission, and that's the scope of the bankruptcy proceeding. MR. CASSELL: I have to say that I'm perplexed, because 10 minutes ago the attorney for Fowler White asked Mr. Epstein as part of the bankruptcy proceeding whether he had any knowledge of a disc being retained by Fowler White. And I'm now simply following up on that question. So it's not clear to me how this could somehow be unconnected with the bankruptcy proceeding when my question directly relates to a question that was asked just 10 minutes ago. MR. IANNO: No, it doesn't, Mr. Cassell. Your question goes far beyond what I asked, and Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793649

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 152 of 165 52 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 I will leave it at that. BY MR. CASSELL: Q Mr. Epstein, are you familiar with the question that was asked to you about 10 minutes ago that I had the court reporter read back to you? A Yes, sir. Q Are you familiar with your answer? A Yes, sir. Q Do you have any documents connected with your answer? A The question asked was did I have any knowledge of the disc being retained. I have no to the best of my recollection, any documents that reflect whether I knew that the disc was retained. Is that an answer to your question? Q Yes. MR. LINK: Thank you, Mr. Epstein. BY MR. CASSELL: Q When you say to the best of your knowledge, do you have any reason to be forgetful on this topic? A It's been -- you described it's been 10 years -- eight years since this disc, so I don't know with specificity over eight years and what documents have been derived from or touched this -- related to, in your words. So your question is just too broad for Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793650

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 153 of 165 53 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 me to answer. I'm sorry. Q So let's focus, then, on or about November 30th, 2010. Do you have any reason to forget what knowledge you would have had about Fowler White retaining a disc at that time? MR. LINK: I'm going the way you phrased the question, I'm going to object to the form and instruct him not to answer it. MR. CASSELL: What's the basis for the instruction not to answer? MR. LINK: Do you have any reason to forget? MR. CASSELL: Yes. MR. LINK: I'm going to instruct him not to answer the question. MR. CASSELL: On what basis? MR. LINK: Because essentially it's the same thing as, Are you lying? Do you have a specific reason to forget? It's argumentive and it exceeds the scope of the bankruptcy order. MR. CASSELL: Let's go through this. I didn't know that an argumentive question was the basis for an objection in this proceeding. Is that your position? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793651

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 154 of 165 54 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 MR. LINK: No. I'm just articulating all the reasons I thought the question didn't make sense. In essence, what I'm not going to allow you to do is to ask questions about are you lying? are you slanting? are you intentionally forgetting? are you biased? are you skewed? which has been 90 percent of what you have tried to do. So you can frame them different ways, but it's the same result, and so I'm instructing him not to answer. BY MR. CASSELL: Q Mr. Epstein, about one minute ago you said that something that happened eight years ago would be difficult for you to remember. MR. LINK: That is not what he said. THE WITNESS: That is not what I said. MR. CASSELL: Would the court reporter read back the answer that Mr. Epstein gave approximately two minutes ago. (Thereupon, the requested portion of the record was read back by the reporter as above duly recorded.) cast Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793652

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 155 of 165 55 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 BY MR. CASSELL: Q Sir, do you recall the answer that you just gave two minutes ago? A Yes. Q And you indicated that it dealt with something that was not indicated with specificity, I think was the word you used. A That's correct. Q If we focus in on information related to my client L.M., do you remember anything from eight years ago regarding documents associated with L.M. that Fowler White might have been retaining? MR. IANNO: Object to the form. Outside the scope of the contempt proceedings, and overbroad. MR. CASSELL: I don't understand how something could be outside of the contempt proceedings if I'm following up on a question that -- the answer gave two minutes ago. MR. IANNO: That's not your question, Mr. Cassell. I'm kind of offended that there's five lawyers in this room on a Saturday morning, a court reporter, a videographer, and we're wasting time about -- talking about issues Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793653

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 156 of 165 56 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 that have nothing to do with the bankruptcy proceeding. But go forward. MR. LINK: Will you ask the question again, please? BY MR. CASSELL: Q Do you have any reason to recall information -- sorry. Do you have any reason to recall information about my client L.M.? MR. LINK: Generally? THE WITNESS: Yes, I do. I have tremendous information about your client. MR. IANNO: What does that have to do MR. LINK: Ask your next question. He says he has tremendous information about your client. MR. CASSELL: I'm sorry. Could you -- MR. LINK: He has tremendous information about your client. BY MR. CASSELL: Q What information do you have that you learned from the -- actually, let me rephrase that. Any information that might cause her emotional distress? MR. LINK: Can you say that question Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793654

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 157 of 165 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 again? BY MR. CASSELL: Q Do you have any information about my client that might cause her emotional distress, without revealing the nature -- without indicating what that information is? MR. SCAROLA: Excuse me. Paul, aren't those questions better reserved for the damage portion? MR. IANNO: Which is what I was going to state, but okay. MR. CASSELL: Without going into details, I just wanted to ask that one question. MR. SCAROLA: Isn't that one better reserved for the damage portion? MR. CASSELL: I will withdraw that question. I think those -- unless Mr. Scarola has any follow-ups to my questions, I believe those are all the questions I have. CROSS-EXAMINATION BY MR. SCAROLA: Q With regard to Exhibit Number 5, the order entered in the bankruptcy proceeding, when is the first time that you saw that document? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793655

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 158 of 165 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 A Sorry. Five? Q Yes. MR. LINK: Mr. Epstein, you heard his question. When you saw it. I don't want you to talk about if you discussed it, any communication with lawyers. THE WITNESS: Just today is my best recollection. BY MR. SCAROLA: Q When is the first time you learned of the existence of this order? A I don't remember. Q Did you learn of the existence of this order at any time prior to February of 2018? A I don't recall. Sorry. Q When is the most recent time that the most recent time prior to today that you learned of the existence of this order? A I think just today is the best of my recollection. Q So you had no knowledge that this order existed at any time before today. Is that your testimony? A No. I said I don't remember. I don't recall. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793656

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 159 of 165 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 Q So you may or may not have learned of the existence of this order sometime prior to today. You don't have a recollection of that. Is that your testimony? MR. LINK: Hold on one second. So as I instructed you before, so you know, I don't want you to share communications with your lawyers. If you have independent information or knowledge, then you can answer it. MR. SCAROLA: And it is our position that knowledge gained from Mr. Epstein's attorneys about the existence of an order that expressly relates to Mr. Epstein is not a privileged communication in any respect at all in light of the fact that the order requires action on Mr. Epstein's part. So are you instructing -- MR. LINK: The word only requires action on Mr. Epstein's part. But if he had the disc -- which he has testified he didn't have the disc -- so there's no action required by the order, Mr. Scarola. MR. SCAROLA: That is not -- that is not accurate, but we don't need to argue about that. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793657

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 160 of 165 60 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 MR. LINK: I agree. MR. SCAROLA: Are you instructing him not to answer the question as phrased? MR. LINK: No. I gave him the instruction not to divulge attorney-client privilege communication. BY MR. SCAROLA: Q Did any lawyer ever tell you that there was an order entered by the court that restricted your ability to retain information regarding emails? MR. LINK: I am going to object to your statement. That is not what the order says, and I am going to instruct you not to disclose communications with lawyers. BY MR. SCAROLA: Q This order reads, "Should it be determined that Fowler White or Epstein retained images or copies of the subject documents" -- referring to documents that were delivered in electronic form to Fowler White -- "on its computer or otherwise, the court retains jurisdiction to award sanctions in favor of Farmer, Brad Edwards or his client." Do you see where that provision is included in the order? MR. LINK: You may look at the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793658

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 161 of 165 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 provision -- But I object to -- you added words to the sentence, Mr. Scarola. But you may look BY MR. SCAROLA: Q Let me read the sentence exactly as it appears in the order. "Should it be determined that Fowler White or Epstein retained images or copies of the subject documents on its computer or otherwise, the Court retains jurisdiction to award sanctions in favor of Farmer, Brad Edwards or his client." Did I read that sentence accurately? A Yes, sir. Q Have you ever done anything up to today, as you sit here right now, to determine whether you are or are not in compliance with that order? MR. LINK: So I'm going to instruct you not to answer that question as he phrased it. MR. SCAROLA: I have no further questions. MR. LINK: We will read and not waive. THE VIDEOGRAPHER: Going off the record. The time is 12:10 p.m. this marks the end of the deposition. (The deposition was concluded at 12:10 p.m.) Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793659

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 162 of 165 62 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 CERTIFICATE OF OATH STATE OF FLORIDA : SS COUNTY OF PALM BEACH ) I, the undersigned authority, certify that JEFFREY EPSTEIN personally appeared before me and was duly sworn. WITNESS my hand and official seal this 19th day of October, 2018. Sonja D. Hall Commission No.: GG 168652 Notary Public - State of Florida My Commission Expires: 2-01-22 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793660

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 163 of 165 63 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 REPORTER'S DEPOSITION CERTIFICATE STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, SONJA D. HALL, certify that I was authorized to and did stenographically report the deposition of JEFFREY EPSTEIN; that a review of the transcript was requested; and that the transcript is a true and complete record of my stenographic notes. I further certify that on the 19th day of October, 2018, I notified SCOTT J. LINK, ESQUIRE that the deposition of JEFFREY EPSTEIN was ready for reading and signing by the witness. I further certify that I am not a relative, employee, attorney, or counsel of any of the parties, nor am I a relative or employee of any of the parties' attorney or counsel connected with the action, nor am I financially interested in the action. Dated this 19th day of October, 2018 SONJA D. HALL Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793661

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 164 of 165 64 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 TO: JEFFREY EPSTEIN c/o SCOTT J. LINK, ESQUIRE LINK & ROCKENBACH, P.A. 1555 Palm Beach Lakes Boulevard, Suite 301 West Palm Beach, FL 33401 RE: JEFFREY EPSTEIN vs. SCOTT ROTHSTEIN, INDIVIDUALLY; BRADLEY EDWARDS, INDIVIDUALLY At the conclusion of your deposition given in the above-styled cause you indicated you wished to read and sign the transcript. This letter is to advise you that your deposition is ready, and we ask that you call our office at (561) 471-2995 at your earliest convenience for an appointment to come in. If you are a party in this action and your attorney has ordered a copy of this transcript, you may wish to read his copy and forward to us a photostatic copy of your signed correction sheet. It is necessary that you do this as soon as possible, since the transcript cannot be held beyond two weeks from the date of this letter. If you have any reason which you would like for me to place on your deposition as to your failure to sign the same, please advise. Thank you for your prompt attention. Very truly yours, PALM BEACH REPORTING SERVICE, INC. 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, Florida 33401 BY: SONJA D. HALL Date: October 19th, 2018 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793662

Case 09-34791-RBR Doc 6488 Filed 10/22/18 Page 165 of 165 65 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 CORRECTION SHEET: NAME: JEFFREY EPSTEIN RE: JEFFREY EPSTEIN vs. SCOTT ROTHSTEIN, INDIVIDUALLY; BRADLEY EDWARDS, INDIVIDUALLY The following corrections, additions or deletions were noted on the transcript of the testimony which I gave in the above-captioned matter held on October 13th, 2018: PAGE(S) LINE(S) SHOULD READ SIGNATURE: DATE: Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793663