Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 101 of 163 of force, threats of force, fraud, coercion, and a combination of such means to cause Jane Doe 1, as well as other Class Members, some of whom were under the age of eighteen, to engage in commercial sex acts. 360. Deutsche Bank and its employees had actual knowledge that they were perpetrating and facilitating Epstein's sexual abuse and sex trafficking conspiracy to recruit, solicit, entice, coerce, harbor, transport, obtain, and provide Jane Doe 1 as well as other Members of the Class, into commercial sex acts, through the means of force, threats of force, fraud, abuse of process, and coercion. 361. Despite such knowledge, Deutsche Bank intentionally paid for, facilitated, perpetrated, and participated in Epstein's violations of 18 U.S.C. § 159I(a)(1), which Deutsche Bank knew, and were in reckless disregard of the fact that, Epstein would coerce, defraud, and force Jane Doe 1, as well as other Members of the Class, to engage in commercial sex acts. 362. Deutsche Bank's actions were in and affecting interstate and foreign commerce, including its banking activities which were in and affecting interstate and foreign commerce. 363. By taking the concrete steps alleged in this complaint, Deutsche Bank knowingly participated in sex trafficking and furthered the Epstein sex-trafficking venture. The concrete steps constituted taking part in the sex-trafficking venture and were necessary for its success. The concrete steps constituted active engagement by 101 EFTA00162058

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 102 of 163 Deutsche Bank in Epstein's sex-trafficking venture. Deutsche Bank knew that its active engagement would lead to and cause coercive commercial sex-trafficking. 364. As part of perpetrating TVPA violations, between on or about August 19, 2013, and through about July 2020, Deutsche Bank concealed its delivery of hundreds of thousands of dollars in cash to Epstein and his associates. 365. As part of perpetrating TVPA violations, Deutsche Bank also willfully failed to file required SARs with the federal government. 366. Deutsche Bank's affirmative conduct was committed knowing, and in reckless disregard of the facts, that Epstein would use cash and the financial support provided by Deutsche Bank as a means of defrauding, forcing, and coercing sex acts from Jane Doe 1 as well as other Members of the Class. Deutsche Bank's conduct was outrageous and intentional. 367. Deutsche Bank's knowing and intentional conduct has caused Jane Doe I and the other Members of the Class serious harm including, without limitation, physical, psychological, emotional, financial, and reputational harm. 368. Deutsche Bank's knowing and intentional conduct has caused Jane Doe 1 and the other Members of the Class harm that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity, in order to avoid incurring that harm. 102 EFTA00162059

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 103 of 163 369. This case does not involve mere fraud. Instead, Deutsche Bank's criminal conduct in perpetrating TVPA violations was outrageous and intentional, because it was in deliberate furtherance of a widespread and dangerous criminal sex trafficking organization. Deutsche Bank's criminal conduct also evinced a high degree of moral turpitude and demonstrated such wanton dishonesty as to imply a criminal indifference to civil obligations. Deutsche Bank's criminal conduct was directed specifically at Jane Doe 1 and other members of the Class, who were the victims of Epstein's sexual abuse and sex trafficking organization. 370. Deutsche Bank's outrageous and intentional conduct in this case is part of a pattern and practice of Deutsche Bank profiting by undertaking illegal "high risk, high reward" clients. 371. By virtue of these knowing and intentional violations of 18 U.S.C. §§ 1591(a)(1), 1595, Deutsche Bank is liable to Jane Doe 1 and the other Members of the Class for the damages they sustained and reasonable attorneys' fees. 372. By virtue of these intentional and outrageous violations of 18 U.S.C. §§ 1591(a)(1), 1595, Deutsche Bank is liable to Jane Doe 1 and other members of the Class for punitive damages. COUNT III AIDING, ABETTING, AND INDUCING A SEX-TRAFFICKING VENTURE IN VIOLATION OF THE TRAFFICKING VICTIMS PROTECTION ACT, 18 U.S.C. §§ 2,1591(a)(1) & (2), 1595 373. Plaintiff Jane Doe I realleges and incorporates by reference paragraphs 103 EFTA00162060

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 104 of 163 I — 314, as if fully set forth in this Count. 374. Jane Doe I brings this Count individually and on behalf of the other Class Members she respectively seeks to represent. 375. Deutsche Bank aided, abetted, and induced Epstein's sex-trafficking venture that was in and affecting interstate and foreign commerce, together and with others, in violation of 18 U.S.C. §§ 2, 1591(a)(1) & (a)(2). 376. The crimes that Deutsche Bank aided and abetted are (1) Epstein's perpetrating of coercive sex trafficking, in violation of 18 U.S.C. § 1591(a)(I), and (2) Epstein's co-conspirators' knowingly benefitting from coercive sex trafficking, in violation of 18 U.S.C. § 1591(a)(2). These crimes were in and affecting interstate and foreign commerce. 377. Epstein's co-conspirators benefitted financially and received things of value from their participation in the Epstein sex-trafficking venture, including payments and other compensation from Epstein. The co-conspirators who benefitted financially include Attorney-1, Accountant 1, Ghislaine Maxwell, Lesley Groff, Sarah Kellen, Adriana Ross, and Nadia Marcinkova. 378. Under 18 U.S.C. § 2, Deutsche Bank is punishable as a principal under 18 U.S.C. §§ 1591(a)(1) & (a)(2) and thereby committed and perpetrated violations of Chapter 77, Title 18, U.S. Code, when it aided, abetted, counseled, commanded, induced, and procured Epstein's and his co-conspirators sex-trafficking venture and 104 EFTA00162061

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 105 of 163 sex trafficking of Jane Doe 1, as well as other Class Members. 379. Under 18 U.S.C. § 2, Deutsche Bank committed and perpetrated crimes in violation of 18 U.S.C. §§ 1591(a)(1) & (a)(2) by aiding, abetting, inducing and procuring Epstein's and his co-conspirator's sex-trafficking venture and the sex trafficking of Jane Doe 1, as well as of other Class Members. As a consequence, Jane Doe 1, as well as other members of the Class, are victims of Deutsche Bank's criminally aiding, abetting, and inducing Epstein's and his co-conspirators' violations of 18 U.S.C. §§ 1591(a)(1) & (a)(2). 380. Deutsche Bank itself directly committed and perpetrated violations of Chapter 77, Title 18, U.S. Code, including 18 U.S.C. §§ 1591(a)(1) & (a)(2), by aiding, abetting, and inducing the sex-trafficking venture and the sex trafficking of Jane Doe 1, as well as other Class Members. Deutsche Bank itself directly violated Chapter 77 by committing and perpetrating these violations. 381. Among other things, Deutsche Bank aided, abetted, and induced Epstein's and his co-conspirators' sex-trafficking venture and sex trafficking of Jane Doe 1, as well as other Class Members, knowing that Epstein and his-conspirators would use means of force, threats of force, fraud, coercion, and a combination of such means to cause Jane Doe 1, as well as other Class Members, some of whom were under the age of eighteen, to engage in commercial sex acts. 382. By aiding, abetting, and inducing Epstein's and his co-conspirators' 105 EFTA00162062

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 106 of 163 sex-trafficking venture and sex trafficking of Jane Doe 1, as well as other Class Members, Deutsche Bank knowingly benefited, both financially and by receiving things of value, from participating in Epstein's sex-trafficking venture. 383. Deutsche Bank and its employees had actual knowledge that they were aiding, abetting, and inducing Epstein's and his co-conspirators' sexual abuse and sex trafficking conspiracy to recruit, solicit, entice, coerce, harbor, transport, obtain, and provide Jane Doe 1 as well as other Members of the Class, into commercial sex acts, through the means of force, threats of force, fraud, abuse of process, and coercion. Deutsche Bank knew, and should have known, that Epstein had engaged in acts in violation of the TVPA. 384. Despite such knowledge, Deutsche Bank intentionally paid for and aided, abetted, and induced Epstein's violations of 18 U.S.C. §§ 1591(a)(1) & (a)(2), which constituted perpetrating violations of those laws under 18 U.S.C. § 2. Deutsche Bank knew, and acted in reckless disregard of the fact that, Epstein would coerce, defraud, and force Jane Doe 1, as well as other Members of the Class, to engage in commercial sex acts. 385. Deutsche Bank's affirmative conduct of aiding, abetting, and inducing Epstein's violations was committed knowingly, and in reckless disregard of the facts, that Epstein would use cash and financial supported provided by Deutsche Bank as a means of defrauding, forcing, and coercing sex acts from Jane Doe I as 106 EFTA00162063

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 107 of 163 well as other Members of the Class. Deutsche Bank's conduct was outrageous and intentional. 386. Deutsche Bank's knowing and intentional conduct of aiding, abetting, and inducing Epstein's violations has caused Jane Doe 1 and the other members of the Class serious harm including, without limitation, physical, psychological, emotional, financial, and reputational harm. 387. Deutsche Bank's knowing and intentional conduct of aiding, abetting, and inducing Epstein's violations has caused Jane Doe 1 and the other members of the Class harm that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity, in order to avoid incurring that harm. 388. This case does not involve mere fraud. Instead, Defendants' criminal conduct in aiding, abetting, and inducing Epstein's violations of the TVPA was outrageous and intentional, because it was in deliberate furtherance of a widespread and dangerous criminal sex trafficking organization. Deutsche Bank's criminal conduct also evinced a high degree of moral turpitude and demonstrated such wanton dishonesty as to imply a criminal indifference to civil obligations. Deutsche Bank's criminal conduct was directed specifically at Jane Doe 1 and other members of the Class, who were the victims of Epstein's sexual abuse and sex trafficking 107 EFTA00162064

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 108 of 163 organization. 389. Deutsche Bank's outrageous and intentional conduct in this case is part of a pattern and practice of Deutsche Bank profiting by undertaking illegal "high risk, high reward" clients. 390. By virtue of these knowing and intentional violations of 18 U.S.C. §§ 1591(a)(1), 1595, Deutsche Bank is liable to Jane Doe 1 and the other members of the Class for the damages they sustained and reasonable attorneys' fees. 391. By virtue of these intentional and outrageous violations of 18 U.S.C. §§ 1591(a)(1), 1595, Deutsche Bank is liable to Jane Doe 1 and other members of the Class for punitive damages. COUNT IV CONSPIRACY TO COMMIT VIOLATIONS OF THE TRAFFICKING VICTIM PROTECTION ACT, 18 U.S.C. §§ 1594(c), 1591, 1595 392. Plaintiff Jane Doe I realleges and incorporates by reference paragraphs 1 — 314, as if fully set forth in this Count. 393. Jane Doe 1 brings this Count individually and on behalf of the other Class Members she respectively seeks to represent. 394. Deutsche Bank intentionally conspired with others, by agreement and understanding, to violate 18 U.S.C. § 1591(a)(1) & (a)(2) & 1591(d), and to further Epstein's and his co-conspirators' sex-trafficking venture to coerce commercial sex acts from Jane Doe 1 and other Class Members, all in violation of 18 U.S.C. § 108 EFTA00162065

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 109 of 163 1594(c). Deutsche Bank employees directly conspired with Epstein himself to further the sex trafficking venture. 395. Deutsche Bank's conspiracy to violate 18 U.S.C. 1591(a)(1) & (a)(2) was forbidden by 18 U.S.C. § 1594(c), and Deutsche Bank thereby violated Chapter 77, Title 18. Deutsche Bank's conspiracy directly, proximately, and foreseeably harmed Jane Doe 1, as well as other members of the Class, by directly leading to their forcibly being caused to engage in commercial sex acts and in other ways. Deutsche Bank's conspiracy victimized Jane Doe I and the other members of the Class. 396. Deutsche Bank's conspiracy to violate 18 U.S.C. 1591(d) was forbidden by 18 U.S.C. § 1594(c), and Deutsche Bank thereby violated Chapter 77, Title 18. Deutsche Bank's conspiracy directly, proximately, and foreseeably harmed Jane Doe 1, as well as other members of the Class, by directly leading to their forcibly being caused to engage in commercial sex acts and in other ways. Deutsche Bank's conspiracy victimized Jane Doe I and the other Members of the Class. 397. Deutsche Bank conspired with Epstein and his co-conspirators to further the Epstein sex-trafficking venture and with the purpose of facilitating Epstein's illegal sex trafficking. Deutsche Bank had actual knowledge of Epstein's sex-trafficking venture. Deutsche Bank acted with the specific intent to violate 18 U.S.C. §§ 1591(a)(1) & (a)(2), that is, with consciousness of the nature of Epstein's 109 EFTA00162066

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 110 of 163 sex-trafficking venture and with the specific intent to further venture. Deutsche Bank and Epstein had a meeting of the minds as to the essential nature of the plan. 398. The Epstein sex-trafficking conspirators had a shared and common purpose-securing young women and girls for Epstein to sexually abuse and to commercially sex traffic. Deutsche Bank and other members of the Enterprise associated together for this common purpose. As quid pro quo, in exchange for working toward this common purpose, Epstein rewarded Deutsche Bank. 399. The Epstein sex-trafficking conspiracy was an ongoing organization with the same hierarchy and regularity of function. Epstein was at the top of the hierarchy and effectively served as the CEO of the organization. Deutsche Bank served as the bank for the conspiracy after around August 19, 2013. Before that time, JP Morgan had served as the bank for the conspiracy. The sex-trafficking conspiracy was itself in and affecting interstate and foreign commerce and involved overt acts that were in and affecting interstate and foreign commerce. 400. In and around August 19, 2013, Deutsche Bank purposefully joined Epstein's previously operation, and on-going, sex-trafficking conspiracy. It quickly ratified the previous (from 2005 onward) actions, conduct, intentional torts, and crimes of the conspiracy, by joining the conspiracy, adopting its goals, and taking actions and committing overt acts in furtherance of it. 401. Deutsche Bank's conspiracy with Epstein was part of its participation 110 EFTA00162067

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 111 of 163 in his sex-trafficking venture. Without Deutsche Bank agreeing to facilitate the venture (by, for example, conspiring to keep the existence of cash disbursals secret), Epstein would not have been a position to move forward with his sex-trafficking venture. 402. Deutsche Bank also conspired with Epstein to obstruct, attempt to obstruct, to interfere with, and to prevent the enforcement of the TVPA, violating 18 U.S.C. § 1591(d). The conspiracy included an agreement to keep Epstein's sex- trafficking venture secret or, at least, concealed to the greatest extent possible. Among the means for keeping the venture secret were paying for the commercial sex acts in cash, structuring cash withdrawals in a way to avoid detection, and Deutsche Bank's failing to timely file SARs of Epstein's suspicious activities. 403. Further actions regarding Deutsche Bank's conspiracy to obstruct TVPA enforcement are outlined in Count VI (obstruction) below in paragraphs 445- 59, which are hereby incorporated by reference as if set forth in full in this Count. 404. Within this District, Deutsche Bank intentionally committed overt acts in furtherance of the conspiracy, agreement, and understanding to violate 18 U.S.C. § 1591(a) by knowingly playing an active role in assisting, supporting, and facilitating the recruiting, enticing, coercing, harboring, transporting, and inducing and forcibly causing Jane Doe 1 and other Class Members to engage in commercial sex acts, through providing financial support for the Epstein sex-trafficking venture. 111 EFTA00162068

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 112 of 163 405. Among the many overt acts intentionally committed by Deutsche Bank in furtherance of the long-running Epstein sex-trafficking venture were creating and maintaining a special and unusual financial relationship between Deutsche Bank and Epstein within this District designed to facilitate Epstein's sex-trafficking. 406. Acting within this District and in furtherance of the Epstein sex- trafficking venture, on or about August 19, 2013, Deutsche Bank opened brokerage accounts for Southern Trust Company Inc., an Epstein-related company. Deutsche Bank knew, and should have known, that opening this account would facilitate Epstein's sex trafficking. 407. In furtherance of the Epstein sex-trafficking venture, between on or about August 19, 2013, and through about 2018, Deutsche Bank opened about 40 accounts for Epstein, his related entities, and associates. The accounts were in and affecting interstate and foreign commerce. The accounts were opened within this District. 408. In furtherance of the Epstein sex-trafficking venture, between on or about August 19, 2013, and through about July 2020, Deutsche Bank concealed its delivery of hundreds of thousands of dollars in cash to Epstein and his associates. Among its affirmative acts of concealment, Deutsche Bank willfully failed to timely file required SARs with the federal government. 409. Deutsche Bank's continued to participate in the conspiracy through 112 EFTA00162069

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 113 of 163 about July 2020, when it entered into a consent decree with New York banking regulators and admitted some of its actions. 410. Deutsche Bank deliberately and purposely omitted to timely file appropriate SARs about Epstein's cash transactions, wrongful omissions that were actions in furtherance of its conspiracy. 411. Deutsche Bank also deliberately concealed its knowledge about how JP Morgan had previously acted in furtherance in the Epstein's conspiracy. 412. Deutsche Bank's actions in furtherance of Epstein's conspiracy were intertwined with Epstein's sex-trafficking venture, as the funding for the sex- trafficking venture (and particularly cash for the venture) were essential tools for Epstein to commit coercive commercial sex acts. 413. It was part of the conspiracy that Deutsche Bank would financially benefit from providing financial support for the Epstein sex-trafficking venture. Deutsche Bank did financially benefit from its participation in the venture, including receiving valuable deposits from Epstein and Epstein-related entities into Deutsche Bank. 414. Deutsche Bank's participation in furthering Epstein's sex-trafficking venture was intentional and willful and, therefore, Deutsche Bank intentionally and willfully caused Epstein's commission of the forcible commercial sex acts with Jane Doe 1 and other Class Members through its affirmative and overt acts supporting 113 EFTA00162070

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 114 of 163 Epstein. 415. Deutsche Bank knew, acted in reckless disregard of the fact, and should have known, that its conspiracy would directly and proximately lead to unlawful coercive commercial sex acts by Epstein with young women and girls, including Jane Doe 1 and other Class Members. 416. The conspiracy that Deutsche Bank joined had specific knowledge that Jane Doe I, as well as other Members of the Class, were being coercively sex trafficked by Epstein. The conspiracy's knowledge extended to the names of Epstein's victims, because Epstein and his co-conspirators knew the names of the victims, including Jane Doe I's name. 417. Deutsche Bank conspired to violate 18 U.S.C. § 1591(a) with Epstein and through its affirmative acts and substantial support to Epstein committed, perpetrated, and directly and proximately caused Jane Doe 1 and other Class Members to engage in commercial sex acts through means of force, threats of force, fraud, coercion, and a combination of such means. 418. In addition to acting with knowledge that they were conspiring to support the Epstein sex-trafficking venture, Deutsche Bank benefited financially from conspiring to participate in the Epstein sex-trafficking venture, which Deutsche Bank knew and should have known that had engaged in coercive sex trafficking in violation of 18 U.S.C. § 1591(a)(1) & (a)(2). 114 EFTA00162071

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 115 of 163 419. Deutsche Bank's conspiracy has caused Jane Doe 1 and other Class Members serious harm, including, without limitation, physical, psychological, financial, and reputational harm. That harm was directly and proximately caused by the conspiracy and the harm resulting from conspiracy was foreseeable. 420. Deutsche Bank's conspiracy has caused Jane Doe I harm that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order to avoid incurring that harm. 421. This case does not involve mere fraud. Instead, Deutsche Bank's criminal conduct in conspiring to violate the TVPA was outrageous and intentional, because it was in deliberate furtherance of a widespread and dangerous criminal sex trafficking organization. Deutsche Bank's conspiracy also evinced a high degree of moral turpitude and demonstrated such wanton dishonesty as to imply a criminal indifference to civil obligations. Deutsche Bank's conspiracy was directed specifically at Jane Doe 1 and other Class Members, who were the victims of Epstein's sex trafficking organization. 422. By virtue of these violations of 18 U.S.C. §§ 1594(c), 1595, Deutsche Bank is liable to Jane Doe 1 and the other Class Members for the damages they sustained and reasonable attorneys' fees. 115 EFTA00162072

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 116 of 163 423. By virtue of its intentional and outrageous conspiracy to violate 18 U.S.C. §§ 1594(c), 1595, Deutsche Bank is liable to Jane Doe 1 and other Class Member for punitive damages. COUNT V AT TE M PT TO COMMIT VIOLATIONS OF THE TRAFFICKING VICTIM PROTECTION ACT, 18 U.S.C. §§ 1594(a), 1591, 1595 424. Plain t i ffJane Doe 1 realleges and incorporates by reference paragraphs 1 — 314, as if fully set forth in this Count. 425. Jane Doe I brings this Count individually and on behalf of the other Class Members she respectively seeks to represent. 426. Deutsche Bank intentionally attempted to violate 18 U.S.C. § 1591(a)(1) & (a)(2), and to further Epstein's sex-trafficking venture to coerce commercial sex acts from Jane Doe 1 and other Class Members, all in violation of 18 U.S.C. § 1594(a). 427. Deutsche Bank employees deliberately took substantial steps to attempt to violate 18 U.S.C. § 1591(a)(1) & (a)(2) within this District, from around 2013 through around July 2020. 428. Deutsche Bank deliberately took substantial steps toward attempting to violate 18 U.S.C. § 1591(a), by providing substantial financial support for the Epstein sex-trafficking venture. The financial support included hundreds of thousands of dollars in cash. This support was in and affecting interstate and foreign 116 EFTA00162073

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 117 of 163 commerce. 429. Among the many substantial steps taken by Deutsche Bank to deliberately attempt to violate 18 U.S.C. § 1591(a) were creating a special and unusual financial relationship between Deutsche Bank and Epstein within this District that was designed to, and did, facilitate Epstein's sex-trafficking venture and the sex trafficking of Jane Doe 1, as well as other Members of the Class. 430. Acting within this District and in attempting to further the Epstein sex- trafficking venture, on or about August 19, 2013, Deutsche Bank opened brokerage accounts for Southern Trust Company Inc., an Epstein-related company. These accounts were in and affecting interstate and foreign commerce. 431. In attempting to further the Epstein sex-trafficking venture, between on or about August 19, 2013, and through about 2018, Deutsche Bank opened about 40 accounts for Epstein, his related entities, and associates. The accounts were in and affecting interstate and foreign commerce. Deutsche Bank opened the accounts within this District for the purpose of facilitating Epstein's sex-trafficking venture. 432. In opening 40 accounts for Epstein, his related entities, and associates, Deutsche Bank took a substantial step toward benefitting from participating in Epstein's sex-trafficking venture. Deutsche Bank also took other substantial, concrete steps toward benefits from the venture. 433. It was part of the attempt to violate 18 U.S.C. 1591(a) that Deutsche 117 EFTA00162074

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 118 of 163 Bank would financially benefit from providing financial support for the Epstein sex- trafficking venture. Deutsche Bank did financially benefit from its participation in the venture, including receiving valuable deposits from Epstein and Epstein-related entities into Deutsche Bank. 434. Deutsche Bank's attempt to violate the TVPA by furthering Epstein's sex-trafficking venture was intentional and willful and, therefore, Deutsche Bank intentionally and willfully caused Epstein's commission of sexual abuse and commercial sex acts with Jane Doe I and other Class Members through its affirmative and overt acts supporting Epstein. 435. Deutsche Bank knew and acted in reckless disregard of the fact, that its acts and conduct attempting to support and facilitate Epstein would lead to sexual abuse and unlawful coercive commercial sex acts by Epstein with young women and girls, including Jane Doe 1 and other Class Members. 436. In addition to acting intentionally and with knowledge that they were supporting the Epstein sex-trafficking venture, Deutsche Bank benefited financially from attempting to participate in the Epstein sex-trafficking venture which Deutsche Bank should have known that had engaged in coercive sex trafficking in violation of 18 U.S.C. § 1591(a)(1). 437. This case does not involve mere fraud. Instead, Defendants' criminal conduct in attempting to violate the TVPA was outrageous and intentional, because 118 EFTA00162075

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 119 of 163 it was a deliberate attempt to further the crimes of a widespread and dangerous criminal sex trafficking organization. Deutsche Bank's criminal attempts also evinced a high degree of moral turpitude and demonstrated such wanton dishonesty as to imply a criminal indifference to civil obligations. Deutsche Bank's criminal attempt was directed specifically at Jane Doe 1 and other members of the Class, who were the victims of Epstein's sex trafficking organization. 438. Deutsche Bank's conduct has caused Jane Doe 1 and other Class Members serious harm, including, without limitation, physical, psychological, financial, and reputational harm. This harm was a direct, proximate, and foreseeable result of Deutsche Bank's attempt in violation of 18 U.S.C. § 1594(a). 439. By virtue of these violations of 18 U.S.C. §§ 1594(a), 1595(a), Deutsche Bank is liable to Jane Doe 1 and the other Members of the Class for the damages they sustained and reasonable attorneys' fees. 440. By virtue of its intentional and outrageous attempt to violate 18 U.S.C. §§ 1594(a), 1595, Deutsche Bank is liable to Jane Doe 1 and other members of the Class for punitive damages. COUNT VI OBSTRUCTION OF THE ENFORCEMENT OF THE TRAFFICKING VICTIM PROTECTION ACT, 18 U.S.C. § 1591(d) 441. Plaintiff Jane Doe 1 realleges and incorporates by reference paragraphs 1 — 314, as if fully set forth in this Count. 119 EFTA00162076

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 120 of 163 442. Jane Doe I brings this Count individually and on behalf of the other Class Members she respectively seeks to represent. 443. Deutsche Bank and its employees knowingly and intentionally obstructed, attempted to obstruct, interfered with, and prevented the enforcement of 18 U.S.C. §§ 1591(a)(1) & (a)(2), all in violation of 18 U.S.C. § 1591(d). This activity is hereinafter referred to collectively simply as "obstruction." The obstruction occurred from around 2013 to around July 2020. 444. Deutsche Bank's obstruction of the enforcement of 18 U.S.C. §§ 1591(a)(1) and (a)(2) was forbidden by 18 U.S.C. § 1591(d), and Deutsche Bank thereby violated Chapter 77, Title 18. Deutsche Bank's obstruction described in the preceding paragraph directly, proximately, and foreseeably harmed Jane Doe I, as well as other members of the Class, by directly resulting in them coercively being caused to engage in commercial sex acts and in other ways. These actions were in and affecting interstate and foreign commerce, including the substantial sums of currency which affected interstate and foreign commerce. 445. As alleged in the fact section of this Complaint, the United States Department of Justice (including the U.S. Attorney's Office for the Southern District of New York and the U.S. Attorney's Office for the Southern District of Florida) was investigating Epstein's federal criminal liability for violating (among other laws) the TVPA up to and following the return of an indictment against Epstein on 120 EFTA00162077

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 121 of 163 or about July 8, 2019. On or about that date, the U.S. Attorney's Office for the Southern District of New York indicted Epstein (and unnamed "associates") for violating the TVPA. Later, on about June 29, 2020, the same Office indicted Epstein's co-conspirator, Ghislaine Maxwell, for conspiracy to entice minor victims to travel to be abused by Epstein. The federal criminal investigation of Maxwell included investigation of possible violations of the TVPA. 446. By providing and concealing financing for Epstein's sex trafficking organization from about August 2013 through about July 2020, Deutsche Bank obstructed, interfered with, and prevented the federal government's enforcement of the TVPA against Epstein. To the extent that the federal government was able to ultimately charge Epstein with TVPA violations, the filing of those charges was delayed by Deutsche Bank's actions. Because of that delay, Jane Doe 1 as well as other members of the Class, were coercively caused to engage in commercial sex acts. 447. As one example of how Deutsche Bank obstructed, attempted to obstruct, interfered with, and prevented the federal government's enforcement of the TVPA, Deutsche Bank provided large amounts of cash (about $200,000 per year) to Epstein and his associates so that the coercive commercial sex acts would escape the detection of federal law enforcement and prosecuting agencies. Deutsche Bank provided large amounts of cash to further the Epstein sex-trafficking venture and 121 EFTA00162078

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 122 of 163 with the purpose of helping Epstein evade criminal liability for violating the TVPA. 448. As another example of how Deutsche Bank obstructed, attempted to obstruct, interfered with, and prevented the federal government's enforcement of the TVPA, Deutsche Bank did not follow conditions imposed by the ARRC in around January 2015. These conditions included a requirement that Deutsche Bank would review transactions in the Epstein's Deutsche Bank accounts for a determination of whether they "involve[d] any unusual and/or suspicious activity or are in a size that is unusually significant or novel in structure." If Deutsche Bank had observed these conditions, then it would have prevented many of the subsequent transactions committed by the Epstein sex-trafficking venture. Deutsche Bank knowingly did not observe these conditions because it knew that doing so would have prevented Epstein's secret cash transactions that were necessary to his sex-trafficking operation escaping knowledge of federal investigative and prosecuting agencies. Without Deutsche Bank's cash, Jane Doe 1, as well as other members of the Class, would not have been coercively forced to engage in commercial sex act. 449. As another example of how Deutsche Bank obstructed, attempted to obstruct, interfered with, and prevented the federal government's enforcement of the TVPA, Deutsche Bank failed to timely file with the federal government the required SARs that financial institutions must file with FinCEN whenever there is a suspected case of money laundering or fraud. Timely filing of these reports is required by the 122 EFTA00162079

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 123 of 163 Bank Secrecy Act and related laws and regulations. These reports are tools that the federal government uses to detect and prosecute, among other illegal activities, sex trafficking in violation of the TVPA. By failing to timely file the required SARs regarding Epstein's cash transactions, Deutsche Bank obstructed, attempted to obstruct, interfered with, and prevented the federal government's enforcement of the TVPA by concealing from the federal government's attention Epstein's cash transaction in aid of sex trafficking. 450. Deutsche Bank can disclose its failure to file appropriate SARs without disclosing the existence of an SAR. Deutsche Bank is not protected from liability for failure to file a required SAR. 451. Deutsche Bank's failure to timely file SARs about Epstein's sex- trafficking venture, in spite of numerous red flags, was wrongful and purposeful. 452. If Deutsche Bank had filed timely required SARs about Epstein's sex- trafficking venture with the federal government, the appropriate federal agencies would have been well positioned to investigate Epstein's sex-trafficking venture's TVPA violations. Deutsche Bank's failure to timely file the required SARs obstructed the federal government's ability to investigate those TVPA violations, including violations harming Jane Doe 1 and other Class Members. If Deutsche Bank had timely filed the required SARs, it would have prevented the continuation of Epstein's sex trafficking venture, which required the ability to secretly use cash 123 EFTA00162080

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 124 of 163 to pay off victims. 453. By providing large amounts of cash (about $200,000 per year) to Epstein and his associates, Deutsche Bank intended and knew that Epstein's coercive commercial sex acts would escape the detection of federal law enforcement and prosecuting agencies for some period of time. Deutsche Bank provided large amounts of cash to further the Epstein sex-trafficking venture and with the purpose of helping Epstein evade criminal liability for violating the TVPA. 454. Deutsche Bank's obstruction, attempted obstruction, interference with, and prevention of the enforcement of the TWA were all done intentionally and knowingly. For example, Deutsche Bank knew that Epstein was "high risk"— specifically, high risk to violate the TWA through continuing criminal sex trafficking activities. 455. Deutsche Bank was well aware that Epstein had pleaded guilty and served prison time for engaging in sex with a minor—a crime closely connected with sex trafficking in violation of the TVPA. Deutsche Bank was also well aware that there were public allegations that his illegal conduct was facilitated by several named co-conspirators. But Deutsche Bank concealed from the federal government its numerous cash payments to those co-conspirators. Deutsche Bank continued its affirmative conduct of providing cash to Epstein so that he could make those cash payments to his co-conspirators with knowledge that such cash transaction did not 124 EFTA00162081

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 125 of 163 produce a clear paper trail. Deutsche Bank's intentional conduct obstructed, attempted to obstruct, in many ways interfered with, and prevented the enforcement of the TVPA by federal investigators and prosecuting agencies. 456. Deutsche Bank's relationship with Epstein in providing to him $200,000 in cash per year went far beyond a normal (and lawful) banking relationship. Deutsche Bank knew, and intended, that its relationship with Epstein would go far beyond a normal banking relationship. Deutsche Bank knew that its decision to beyond a normal banking relationship with Epstein obstructed the ability of federal law enforcement and prosecuting agencies to enforce the TVPA. 457. Deutsche Bank's obstruction continued through around July 2020, as it was not until that time that Deutsche Bank entered into its consent agreement with New York banking regulators. 458. Deutsche Bank's obstruction of the federal government's TVPA and other law enforcement efforts was intentional and willful and, therefore, Deutsche Bank intentionally and willfully caused Epstein's commission of the forcible commercial sex acts with Jane Doe 1 and other Class Members through its obstruction supporting the concealment of Epstein's sex-trafficking venture. 459. Deutsche Bank knew, acted in reckless disregard of the fact, and should have known, that its obstruction in violation of 18 U.S.C. § 1591(d) would directly and proximately lead to unlawful coercive commercial sex acts by Epstein with 125 EFTA00162082

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 126 of 163 young women and girls, including Jane Doe 1 and other Class Members. 460. Deutsche Bank's obstruction has caused Jane Doe I and other Class Members serious harm, including, without limitation, physical, psychological, financial, and reputational harm. That harm was directly and proximately caused by the obstruction and the harm resulting from obstruction was foreseeable. 461. Deutsche Bank's obstruction has caused Jane Doe 1 harm that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order to avoid incurring that harm. 462. This case does not involve mere fraud. Instead, Deutsche Bank's criminal conduct in obstructing enforcement of the TVPA was outrageous and intentional, because it was in deliberate furtherance of a widespread and dangerous criminal sex trafficking organization. Deutsche Bank's obstruction also evinced a high degree of moral turpitude and demonstrated such wanton dishonesty as to imply a criminal indifference to civil obligations. Deutsche Bank's obstruction was directed specifically at Jane Doe 1 and other members of the Class, who were the victims of Epstein's sex trafficking organization. 463. By virtue of these violations of 18 U.S.C. § 159I(d), Deutsche Bank is liable to Jane Doe 1 and the other Members of the Class for the damages they 126 EFTA00162083

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 127 of 163 sustained and reasonable attorneys' fees by operation of 18 U.S.C. § 1595. Deutsche Bank perpetrated an obstruction of the TVPA, and therefore perpetrated a violation of Chapter 77, Title 18. 464. By virtue of its intentional and outrageous obstruction to prevent enforcement of the TWA, in violation 18 U.S.C. § 1591(d), Deutsche Bank is liable to Jane Doe 1 and other members of the Class for punitive damages by operation of 18 U.S.C. § 1595. COUNT VII VIOLATIONS OF RICO, 18 U.S.C. §§ 1962(c), 1964(c) 465. Plaintiff Jane Doe 1 realleges and incorporates by reference paragraphs 1 — 314, as if fully set forth in this Count. 466. Jane Doe 1 brings this Count individually and on behalf of the other Class Members she respectively seeks to represent. 467. From around August 2013 through around July 2020, Deutsche Bank violated RICO, 18 U.S.C. § 1962(c), within this District and elsewhere, for which Jane Doe 1 and the other Class Members are entitled to recover damages under 18 U.S.C. § 1964(c). Deutsche Bank and others acting in concert with them as part of the aforementioned enterprise engaged in a pattern of racketeering activity within the meaning of RICO, 18 U.S.C. *1961(5), when they committed two or more separate acts constituting a pattern of racketeering activity, the last of which occurred within ten years after the commission of a prior act of racketeering activity. 127 EFTA00162084

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 128 of 163 Specifically, Deutsche Bank and others in the Enterprise committed multiple acts in violation of 18 U.S.C. § 1962(c) over the course of several years from about 2013 to about December 2018, during which time Jane Doe 1 was sexually assaulted and sexually trafficked. 468. Deutsche Bank's pattern of racketeering activity extended over a substantial period of time—i.e., during the multiple years that Deutsche Bank financially furthered and supported the Epstein Sex Trafficking Enterprise. 469. Deutsche Bank violated RICO, 18 U.S.C. § 1962(c), which makes it "unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity . . . ." Deutsche Bank was associated with the Epstein Sex-Trafficking Enterprise and conducted and participated (directly and indirectly) in the conduct of the enterprise's affairs by financially supporting the Epstein sex trafficking enterprise and also engaging in a pattern of racketeering activity as alleged above. Deutsche Bank's actions, including its predicate acts, directly and proximately injured Jane Doe 1 and the Class Members in their business and property. 1. The RICO Enterprise 470. Deutsche Bank, along with Epstein and his employees, agents, and co- 128 EFTA00162085

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 129 of 163 conspirators, was engaged in a RICO "enterprise," which "includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity." 18 U.S.C. § 1961(3). Deutsche Bank and others employed by or associated with it or others acting in concert with Deutsche Bank, promoted, facilitated, financed, and otherwise effectuated the Epstein sex-trafficking venture and Epstein's coercive commercial sex acts, as alleged in this complaint, and constituted an "enterprise" under the RICO definition. This enterprise is described herein as the "Epstein Sex-Trafficking Enterprise," or simply the "Enterprise." References in this complaint to the Epstein Sex-Trafficking Venture and Epstein Sex-Trafficking Conspiracy are also references to the Enterprise. 471. The Epstein Sex-Trafficking Enterprise had a shared and common purpose—securing young women and girls for Epstein to sexually abuse and to commercially sex traffic. Deutsche Bank and other members of the Enterprise associated together for this common purpose. 472. The Epstein Sex-Trafficking Enterprise was an ongoing organization with the same hierarchy and regularity of function. Epstein was at the top of the hierarchy and effectively served as the CEO of the organization. 473. The Epstein Sex-Trafficking Enterprise consisted of more than Epstein and Epstein's own employees and agents. It also included other persons, including 129 EFTA00162086

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 130 of 163 Deutsche Bank's employees and agents. The Enterprise operated together as an association-in-fact. The persons who operated together as an association-in-fact included, but were not limited to, Defendant Deutsche Bank, Jeffrey Epstein, Attorney-1, Accountant-1, Ghislaine Maxwell, Sarah Kellen, Leslie Grog Adriana Ross, Nadia Marcinkova, Charles Packard, Patrick Harris, Paul Morris, and Jan Ford. These individuals knew of, and agreed to, the general criminal objective of the Epstein Sex-Trafficking Enterprise. These individuals also agreed that Deutsche Bank would provide the funding for the enterprise and that Deutsche Bank would be rewarded as a result. 474. The Epstein Sex-Trafficking Enterprise had a relationship among the associates, including a relationship among Epstein's employees and agents and Deutsche Bank's employees and agents. The associates coordinated their actions to facilitate the actions of the sex-trafficking enterprise, including ensuring that the Enterprise had sufficient financing to pursue its purpose. 475. The Epstein Sex-Trafficking Enterprise lasted for many years, but from (at least) around 2013 through around July 2020, permitting the associates in the Enterprise to successfully pursue the Enterprise's purpose. As a result of the longevity of the Enterprise, many young women and girls were sexually abused and sexually trafficked by Epstein. In this way, those involved in the Enterprise helped it achieve the common purpose. 130 EFTA00162087

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 131 of 163 476. The participation and agreement of Deutsche Bank was necessary to allow the commission of this scheme. 2. Nexus Between the "Deutsche Bank" and the "Enterprise" 477. Deutsche Bank, acting through its employees and officers, participated, directly and indirectly, in the conduct of the affairs of the Epstein Sex-Trafficking Enterprise. Deutsche Bank's agents, acting within the apparent scope of their authority, participated, directly and indirectly, in the conduct of the affairs of the Epstein Sex-Trafficking Enterprise. 478. Deutsche Bank, acting through its employees and officers, participated in the operation and management of the enterprise itself. For example, Deutsche Bank officers met personally with Epstein at his New York mansion, during which they collectively shaped the conduct of the affairs of the Epstein Sex Trafficking Enterprise. 479. Deutsche Bank, acting through its employees and officers, exercised a significant degree of direction over the affairs of the Enterprise and played a part in directing the affairs of the Enterprise. 480. Deutsche Bank, acting through its employees and officers, aided and abetted Epstein, who participated in the operation and management of the Enterprise. 3. Acts of Racketeering 481. Deutsche Bank and others acting in concert with them as part of the 131 EFTA00162088

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 132 of 163 Epstein Sex-Trafficking Enterprise engaged in racketeering activity within the meaning of RICO, 18 U.S.C. § 1961(1)(B), when they engaged in acts "indictable under" 18 U.S.C. §§ 1581-1594 (the statutes relating to peonage, slavery, and trafficking in persons), to wit, the acts in violation of 18 U.S.C. §§ 1591 to 1594 alleged in Counts I-VI and otherwise specified throughout this complaint. 482. Deutsche Bank and others acting in concert with them as part of the Epstein Sex-Trafficking Enterprise engaged in racketeering activity within the meaning of RICO, 18 U.S.C. § 1961(1)(B), when they engaged in acts "indictable under" 31 U.S.C. § 5322 (the Bank Secrecy Act) and failing to adhere to the minimum due diligence requirements contained in 31 C.F.R. § 1010.620, by (among other things) (1) failing to ascertain the source of Epstein's funds and the purpose and expected use of his accounts; and (2) ensuring that the activity in Epstein's accounts was consistent with the information Deutsche Bank obtained about Epstein's source of the funds and stated purpose and expected use of the accounts. Deutsche Bank's knowing, intentional, and willful failure to comply with federal laws and banking regulations constituted a felony under 31 U.S.C. § 5322(a). 483. The acts of racketeering described in the paragraphs above occurred within about August 2013 and about July 2020. 484. As an example of acts of racketeering, on multiple occasions Deutsche Bank participated in TVPA violations by provided substantial sums of cash to 132 EFTA00162089

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 133 of 163 Epstein, which he then used to conclude coercive acts of commercial sex abuse and sex trafficking, in violation of the TVPA (as elaborated in detail in Count II and elsewhere above). 485. As another example of acts of racketeering, on multiple occasions Deutsche Bank knowingly received benefits from participated in sex trafficking by provided substantial sums of cash to Epstein, which he then used to conclude coercive acts of commercial sex abuse and sex trafficking, in violation of the TVPA (as elaborated in detail in Count I and elsewhere above). 486. Among the acts constituting a pattern of racketeering activity, on or about August 19, 2013, Deutsche Bank opened brokerage accounts for Southern Trust Company Inc., a self-described "database company and services" founded in the U.S. Virgin Islands in 2011, and Southern Financial LLC, a wholly owned subsidiary of Southern Trust Company Inc. Opening these accounts for the Epstein Sex-Trafficking Enterprise constituted acts which were indictable under 18 U.S.C. §§ 1581-94, and 18 U.S.C. § 2, for the reasons described above. 487. Among the acts constituting a pattern of racketeering activity, over the course of its relationship with the Epstein Sex-Trafficking Enterprise from about 2013 to December 2018, Deutsche Bank would open and allow Epstein to fund more than 40 accounts at Deutsche Bank. Opening these accounts for the Epstein Sex- Trafficking Enterprise constituted acts which were indictable under 18 U.S.C. §§ 133 EFTA00162090

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 134 of 163 1581-94, and 18 U.S.C. § 2, for the reasons described above. 488. Among the acts constituting a pattern of racketeering activity, over the course of its relationship with the Epstein Sex-Trafficking Enterprise, Deutsche Bank sent over 120 wires totaling $2.65 million to beneficiaries of the Butterfly Trust. These transfers furthered the sex-trafficking enterprise, including funds paying directly for commercial sex acts, funds paid to professionals for carrying out illegal acts for the operation of the sex-trafficking venture, and paying funds to others for committing crimes necessary to continue the operation of the sex- trafficking venture. Sending the wires for the Epstein Sex-Trafficking Enterprise constituted acts which were indictable under 18 U.S.C. §§ 1581-94, and 18 U.S.C. § 2, for the reasons described above. 489. Deutsche Bank knowingly facilitated Epstein using Deutsche Bank accounts to pay for coerced commercial sex acts by Jane Doe 1. Helping Epstein provide the funding for commercial sex acts constituted acts of racketeering activity because they were indictable under 18 U.S.C. §§ 1581-94, and 18 U.S.C. § 2, for the reasons described above. 4. Pattern of Racketeering Activity 490. During around August 2013 through the end of 2018, Deutsche Bank engaged in a pattern of racketeering activity. 491. Deutsche Bank's pattern of racketeering activity included repeatedly 134 EFTA00162091

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 135 of 163 providing approximately $200,000 in cash to the Epstein Sex-Trafficking Enterprise on a yearly basis. 492. Deutsche Bank's pattern of racketeering activity included repeatedly failing to file required SARs for suspicious cash and other transactions of the Epstein Sex-Trafficking Enterprise. 493. Many of the suspicious cash withdrawals made by the Epstein Sex- Trafficking Enterprise were made in the same way by the same person at the same branch bank. The cash withdrawals those involved similar methods. 494. The cash withdrawals all bore a relationship to each other, because they were providing the necessary funding for the coercive commercial sex trafficking and sex abuse of the Epstein Sex Trafficking Venture. Indeed, some of the cash withdrawals necessarily related directly and precisely to each other, because they were "structured" together to avoid triggering certain current transaction reporting requirements. 495. The funding involved similar goals and effects of providing sufficient cash to allow the Epstein Sex-Trafficking Venture to pay victims for commercial sex acts in cash, thereby avoiding a paper trail. 5. Effect on Interstate Commerce 496. The Epstein Sex Trafficking Enterprise engaged in, and had activities which affect, interstate and foreign commerce. 135 EFTA00162092

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 136 of 163 497. Among the activities of the Enterprise which had an effect on interstate commerce were cellular and other telephone calls to Epstein's victims to schedule time for sexual abused. 498. Among the activities of the Enterprise which had an effect on interstate commerce were cash withdrawals from Deutsche Bank, which does business in and effecting interstate commerce. 499. Among the activities of the Enterprise which had an effect on interstate commerce were movements of Epstein, his confederates, and his victims on aircraft moving in interstate commerce. 6. Injury to Business and Property by Reason of the RICO Violation 500. By reason of its violations of 18 U.S.C. § 1962(c), Deutsche Bank has directly and proximately caused Jane Doe 1 and the Class Members serious and permanent economic injury to their businesses and property, including, without limitation, pecuniary harm to their careers and professional prospects, in an amount to be determined at trial. Deutsche Bank's violations continue to cause economic harm and injury to Jane Doe 1 and other Members of the Class. 501. Deutsche Bank's acts of racketeering and activities as part of the Epstein's Sex-Trafficking Enterprise, described above, have directly and proximately caused Jane Doe 1 and the Class Members serious and permanent economic injury to their businesses and property, including, without limitation, 136 EFTA00162093

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 137 of 163 pecuniary harm to their careers and professional prospects, in an amount to be determined at trial. 502. As an example of the injury to business and property suffered by Jane Doe 1 and other Class Members, because of being coercively sex trafficked and sexually abused by Epstein, Jane Doe 1 and other Class Members were preventing from pursuing other employment opportunities. As a direct and proximate result of the acts of the RICO Enterprise generally and Deutsche Bank in particular, Jane Doe 1 and the Class Members lost legitimate employment opportunities. The lost opportunities produced concrete financial loss. 503. As another example of the injury to business and property suffered by Jane Doe 1 and other class members, because of being coercively sex trafficked and sexually abused by Epstein and the Enterprise, Jane Doe 1 and other Class Members directly and proximately lost an ability to pursue gainful employment while being coercively sexually trafficked and sexually abused by Epstein. Indeed, it is these lost opportunities—which themselves constituted injury to business and property— were the Enterprise's direct target, because the lost opportunities rendered Jane Doe 1 and the other Class Members more economically and financially reliant on the Sex-Trafficking Enterprise and therefore more vulnerable to the trafficking and abuse. It was part of Epstein's coercive sex trafficking that he would discourage and prevent Jane Doe 1 and the Class Members from obtaining employment and income 137 EFTA00162094

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 138 of 163 outside of that provided by the Sex-Trafficking Enterprise. 504. Direct and proximately because of the pattern of racketeering activity by the Epstein Sex-Trafficking Enterprise, Jane Doe 1 and other Class Members were rendered, in whole or substantial part, economically dependent on the Enterprise and therefore more vulnerable to the Enterprise's sex trafficking. Indeed, it was part of the Enterprise's pattern of racketeering activity—and a goal of that activity— to render its victims economically vulnerable to any effort to escape from Epstein's sex trafficking. 505. As another example of the injury suffered by Jane Doe 1 and other class members, because of being coercively sex trafficked and sexually abused by Epstein, Jane Doe 1 and other Class Members were falsely promised certain employment and professional opportunities by Epstein, which prevented them from pursuing other employment opportunities. Again, these false promises were part of the Enterprise's operation, because they forced and caused Epstein's victims to participate in commercial sex acts. Forcing sex-trafficking victims into a position of economic dependency on their traffickers is a well-known means of coercion—one that Deutsche Bank should have recognized and, in fact, did recognize. 506. As another example of the injury suffered by Jane Doe 1 and other class members, Jane Doe 1 and other Class Members incurred alleged debts to the Epstein Sex-Trafficking Enterprise, which constituted injury to business and property. Jane 138 EFTA00162095

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 139 of 163 Doe 1 and the other Class Members would then be forced to pay off those debts by submitting to Epstein's sexual demands. More generally, the Epstein Sex- Trafficking Enterprise forced Jane Doe I and the Class Members to participate in commercial sex acts by creating economic dependency on the Enterprise. 507. The losses to their business and property that Jane Doe 1 and the Class Members suffered were by reason of the Epstein-Sex Trafficking Enterprise and its RICO violations. These losses were directly and proximately caused by the Enterprise's misconduct, including the predicate acts committed by the Enterprise. Because the losses stemmed from being forced to engage in commercial sex acts, the Enterprise's violations of 18 U.S.C. § 1591 were the direct (i.e., the "but-for") cause of the losses. Because those commercial sex acts were readily foreseeable (and, indeed, were foreseen) by the participants in the Enterprise—including Deutsche Bank—the losses were proximately caused by the Enterprise's violations of 18 U.S.C. §§ 1591-94 and 1962(c). 508. The losses to the business and property that Jane Doe I and the Class Members suffered were directly caused by Deutsche Bank's violations of 18 U.S.C. §§ 1591-94 and 1962(c). There was a direct relationship between Deutsche Bank's violations of 18 U.S.C. §§ 1591-94 and I 962(c). Put directly, the Epstein Sex- Trafficking Enterprise was committing coercive sex-trafficking; and Jane Doe 1 and the Class Members were the direct and intended victims of that coercive-sex 139 EFTA00162096

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 140 of 163 trafficking. There was no attenuation between the Enterprise and the injuries to business and property it caused to Jane Doe 1 and the Class Members. There were no intervening causes of the injuries to business and property suffered by Jane Doe I and the Class Members. 509. Jane Doe 1 and the Class Members are in the best position to enforce the legal requirements in question, including the legal requirements stemming from 18 U.S.C. § 1591-94 and 18 U.S.C. § 1962(c). They are young women who have suffered losses to business and property from the coercive sex-trafficking by the Epstein Sex-Trafficking Enterprise and are seeking to hold accountable those responsible for the losses to business and property from that victimization. There are no more directly injuries parties who could bring this suit. 510. Jane Doe I and the other Class Members will be able to provide reasonable quantification of the losses to their business and property at trial. Determining those losses will not be difficult and no complicated rules will be required to avoid the risk of multiple recoveries. 511. Jane Doe 1 and other Class Members will be able to acquire additional evidence supporting their RICO losses through discovery. 512. Deutsche Bank received income in interstate commerce, derived directly and indirectly from participating in a pattern of racketeering activity, specifically by obtaining interest and other things of value from financially 140 EFTA00162097

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 141 of 163 supporting and participating in the Epstein Sex-Trafficking Enterprise. 513. Deutsche Bank and its employees participated directly and indirectly in the conduct of the Epstein Sex-Trafficking Enterprise, through a pattern of racketeering activity, including knowingly funding the Enterprise's commercial sex trafficking. 514. Deutsche Bank's RICO violations are both the but-for cause and the proximate cause of business and property injuries to Jane Doe 1 and the Class Members' injuries. As explained throughout, Deutsche Bank bankrolled the Epstein Sex-Trafficking Enterprise and enabled Epstein to have ready and reliable access to resources—including cash and a variety of bank accounts and other financial tools— to recruit, entice, solicit, harbor, provide, obtain, and transport young women and girls to sexually abuse them and to cause them to engage in commercial sex acts. Deutsche Bank's actions both directly and foreseeably resulted in the trafficking of Jane Doe 1 and the Class Members and the resulting injuries to their businesses and property. 515. Pursuant to 18 U.S.C. § 1964(c), Jane Doe 1 and the Class Members are entitled to treble damages, plus costs and attorneys' fees from Deutsche Bank. COUNT VIII CONSPIRACY TO COMMIT VIOLATIONS OF RICO, 18 U.S.C. §§ 1962(d), 1964(c) 516. Plaintiff Jane Doe I realleges and incorporates by reference paragraphs 141 EFTA00162098

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 142 of 163 1 — 314, as if fully set forth in this Count. 517. In this RICO conspiracy count, Jane Doe 1 realleges and incorporates by reference paragraphs 470 — 514 of this complaint, which allege a substantive RICO violation. 518. Jane Doe 1 brings this Count individually and on behalf of the other Class Members she respectively seeks to represent. 519. RICO makes it unlawful "for any person to conspire to violate" the provisions of 18 U.S.C. § 1962(a)—(c). 18 U.S.C. § 1962(d). RICO's conspiracy provision does not require the commission of an overt act, although Deutsche Bank did commit overt acts in furtherance of the RICO conspiracy in this District. 520. Between about August 2013 and about July 2020, Deutsche Bank unlawfully, knowingly, and willfully, combined, conspired, confederated, and agreed together with members of the Epstein Sex-Trafficking Enterprise to violate 18 U.S.C. § 1962(c) as described above, in violation of 18 U.S.C. § 1962(d). Deutsche Bank specifically conspired and agreed to the commission of two or more predicate acts, which were described in the previous Count. For example, Deutsche Bank conspired and agreed that Epstein would commit multiple acts of coercive sex trafficking in violation of the TWA, 18 U.S.C. §§ 1591-94. As another example, Deutsche Bank conspired and agreed that it would commit multiple violations of federal banking laws, including 31 U.S.C. § 5332(a) and 31 C.F.R. § 1010.620. 142 EFTA00162099

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 143 of 163 521. In addition to participating in the conduct of the affairs of the Epstein Sex-Trafficking Venture, Deutsche Bank conspired with Epstein in his conduct of the affairs of the Epstein Sex-Trafficking Venture. Deutsche Bank knew many of the details of the Epstein Sex-Trafficking Venture, including in particular the funding of the venture. Epstein was, along with others (including Deutsche Bank) operating and managing the Epstein-Sex Trafficking Venture. 522. Deutsche Bank's conspiracy was central to the affairs of the Epstein- Sex Trafficking Venture. Without its agreement to fund and conceal the activities of the Venture, Epstein would not have been able to move forward with the Venture. 523. Deutsche Bank knew that, as part of the Epstein Sex-Trafficking Venture, Epstein was going to commit multiple predicate acts under RICO, including coercive commercial sex acts and sex trafficking. Deutsche Bank also new that these acts would constitute a pattern and practice of the venture, because the coercive commercial sex acts and sex trafficking would be committed against Jane Doe 1 and the Class Members in a substantially similar way. 524. By and through Deutsche Bank's unique and special relationships with Epstein and his co-conspirators and its close coordination in the affairs of the Epstein Sex-Trafficking Enterprise, Deutsche Bank knew the criminal nature of the Enterprise and knew that the Enterprise extended beyond Deutsche Bank's role. Moreover, through the same connections and coordination, Deutsche Bank knew 143 EFTA00162100

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 144 of 163 that it was joining with Epstein and his associates in a conspiracy to commit sex trafficking, in violation of 18 U.S.C. §§ 1581-94. 525. Deutsche Bank knowingly conspired and agreed to facilitate, conduct, and participate in the aforementioned Enterprise engaged in racketeering activity within the meaning of RICO, 18 U.S.C. §1961(1)(B), when it engaged in acts "indictable under" 18 U.S.C. §§ 1581-1594 (the statutes relating to peonage, slavery, and trafficking in persons), including the acts in violation of 18 U.S.C. § 1591-94 alleged in Counts I-VI and otherwise specified throughout this complaint, as well as acts in violation of 18 U.S.C. § 2. 526. Deutsche Bank knowingly conspired and agreed to facilitate, conduct, and participate in the aforementioned Enterprise engaged in racketeering activity within the meaning of RICO, 18 U.S.C. §1961(1)(B), when it engaged in acts "indictable under" 31 U.S.C. § 5322(a). 527. Deutsche Bank also committed multiple crimes in furtherance of the conspiracy, as alleged in the preceding counts of this Complaint. Deutsche Bank intended its crimes to further the Enterprise's affairs. 528. Deutsche Bank's agreement and conspiracy was necessary to allow the commission of this conspiracy. 529. Jane Doe 1 and the Class Members have been and will continue to be directly and proximately injured in their business and property by reason of Deutsche 144 EFTA00162101

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 145 of 163 Bank's violations of 18 U.S.C. § 1962(d). Deutsche Bank's conspiracy directly and proximately caused these injuries because, without the conspiracy, the injuries would not have occurred. 530. As a direct and proximate result of its violation of 18 U.S.C. § 1962(d), Deutsche Bank has directly and proximately caused Jane Doe 1 and the Class Members serious and permanent economic injury to their businesses and/or property, including, without limitation, pecuniary harm to their careers and professional prospects, in an amount to be determined at trial. Deutsche Bank's violations continue to cause economic harm and injury to Jane Doe 1 and other Members of the Class. 531. Pursuant to 18 U.S.C. § 1964(c), Jane Doe 1 and the Class Members are entitled to treble damages, plus costs and attorneys' fees from Deutsche Bank. COUNT IX AIDING, ABETTING, AND FACILITATING BATTERY 532. Plaintiff Jane Doe 1 realleges and incorporates by paragraphs 1 — 314, as if fully set forth in this Count. 533. Jane Doe 1 brings this Count individually and on behalf of the other Class Members she respectively seeks to represent. 534. Between about August 19, 2013, and August 10, 2019, in this District in New York, Epstein intentionally committed batteries and other intentional tortious conduct, including crimes in violation of New York Penal Law Chapter 130 such as 145 EFTA00162102

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 146 of 163 New York Penal Law §§ 130.20, 130.35, 130.50, 130.52, and 130.66 (hereinafter "Chapter 130 crimes"), against Jane Doe 1 and Class Members. Epstein committed the batteries, intentional tortious conduct, and crimes against Jane Doe 1 and Class Members when they were 18 or older. As described throughout this complaint, Epstein intentionally and non-consensually touched Jane Doe 1 and the Class Members in a harmful and offensive manner that resulted in substantial injuries, including damages from physical and psychological injury, extreme emotional distress, humiliation, fear, psychological trauma, loss of dignity and self-esteem, and invasion of privacy. 535. The resulting injuries that Jane Doe 1 and the Class Members suffered include injuries directly and proximately suffered as a result of sex offenses committed by Epstein and criminalized under article 130 of the New York Penal Laws. The offenses included sexual intercourse without consent and oral sexual conduct without consent, forbidden by New York Penal Law § 130.20. The offenses included forcible touching of sexual or other intimate parts without consent, forbidden by New York Penal Law §§ 130.20, 130.35, 130.50, 130.52, and 130.66. 536. Regardless of when these Chapter 130 crimes were committed by Epstein, the crimes are now civilly actionable, regardless of any statute of limitations to the contrary, because they are covered by the one-year "look back" window in New York Adult Survivors Act. See N.Y. C.P.L.R. § 214-j. 146 EFTA00162103

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 147 of 163 537. Between about August 19, 2013, and August 10, 2019, Deutsche Bank knowingly and intentionally aided, abetted, and facilitated Epstein's intentional tortious conduct (e.g., sexual battery), through his Chapter 130 crimes, of Jane Doe 1 and the Class Members. Because Deutsche Bank aided, abetted, and facilitated Epstein's tortious conduct, battery, and crimes, it is vicariously and otherwise liable for damages caused by Epstein's tortious conduct, battery, and crimes. 538. Between about August 19, 2013, and August 10, 2019, when it provided substantial assistance to Epstein, Deutsche Bank was well aware of its important and substantial role as a part of Epstein's intentionally tortious and illegal activity in committing Chapter 130 Crimes. 539. Deutsche Bank substantially assisted, and indeed encouraged, Epstein to commit sexual battery against Jane Doe 1 and the Class Members by financially aiding and enabling Epstein's sex-trafficking venture, as outlined throughout this complaint. By aiding Epstein through providing hundreds of thousands of dollars in cash, which was a necessary and required part of Epstein's sex-trafficking organization, Deutsche Bank was a substantial factor in the battery of Jane Doe 1 and the other Members of the Class. 540. At the time of Epstein's batteries, intentionally tortious conduct, and crimes against Jane Doe 1 and the Class Members, Deutsche Bank was well aware of Epstein's sex-trafficking venture and that its acts in furtherance of the venture 147 EFTA00162104

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 148 of 163 were also aiding, abetting and facilitating his batteries, tortious conduct, and crimes. 541. At the time of Epstein's crimes against Jane Doe I and the Class Members, Deutsche Bank knowingly provided substantial assistance in Epstein's tortious conduct. That knowing substantial assistance went beyond mere knowledge and approval of Epstein's wrongdoing. For example, Deutsche Bank knowingly and intentionally provided the cash and the financial support that made it possible for Epstein to commit the coercive sex offenses described in the preceding paragraphs in this Count. Without that cash and financial support, Epstein could not have committed his tortuous conduct and crimes—a fact that Deutsche Bank knew. 542. Deutsche Bank knowingly committed both overt acts in support of Epstein and substantial deliberate omissions in support of Epstein. For example, Deutsche Bank deliberately omitted to take important steps (such as filing SAlts) that substantially assisted Epstein to commit his crimes against Jane Doe 1 and Class Members in violation of New York Penal Law Chapter 130. 543. In aiding, abetting, and facilitating Epstein's tortious conduct and crimes, Deutsche Bank could readily foresee direct and proximate injury to Jane Doe 1 and the Class Member. Deutsche Bank should have foreseen direct and proximate injury from its actions and inactions to Jane Doe and the Class Members. Indeed, Deutsche Bank did foresee injury to Epstein's victims, including Jane Doe 1 and Class Members. 148 EFTA00162105

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 149 of 163 544. As a result of the foregoing, Deutsche Bank is liable civilly for damages it directly, proximately, tortiously, and criminally caused to Jane Doe 1 and the Class Members. Jane Doe I and the Class Members according are entitled to bring a cause of action for damages for physical, psychological, or other injury or condition suffered as a direct and proximate result of Deutsche Bank's aiding and abetting Epstein's battery described above and for damages for physical, psychological, or other injury or condition suffered as a direct and proximate result of Epstein's battery. 545. By virtue of acting intentionally, outrageously, and with a high degree of moral turpitude and demonstrating such wanton dishonesty as to imply a criminal indifference to civil obligations, Deutsche Bank is liable to Jane Doe 1 and other Members of the Class for punitive damages. COUNT X INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 546. Plaintiff Jane Doe 1 realleges and incorporates by paragraphs 1 — 314, as if fully set forth in this Count. 547. Jane Doe 1 brings this Count individually and on behalf of the other Class Members she respectively seeks to represent. 548. As a direct and proximate result of aiding, abetting, and facilitating Epstein's tortious conduct and sex crimes in violation of Chapter 130, Deutsche Bank intentionally inflicted emotional distress against Jane Doe 1 and the Class 149 EFTA00162106

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 150 of 163 Members. 549. Deutsche Bank's actions constitute extreme and outrageous conduct that shocks the conscience. For example, Deutsche Bank intentionally and knowingly participated in Epstein's sex-trafficking venture. Deutsche Bank had a legal duty not to participate in, facilitate, or aid and abet Epstein's sex-trafficking venture and Epstein's Chapter 130 Crimes. 550. Deutsche Bank's conduct was especially extreme and outrageous due to Jane Doe I and the Class Members' particular vulnerabilities as targets of a sex- trafficking venture. 551. Deutsche Bank intended to cause, and did cause, Jane Doe 1 and the Class Members severe emotional distress. At the very least, Deutsche Bank recklessly disregarded a substantial probability that its actions in aiding, abetting, and facilitating Epstein's sex crimes would cause Jane Doe 1 and the Class Members severe emotional distress. 552. Because Deutsche Bank intentionally inflicted extreme emotional distress on Jane Doe 1 and the Class Members, it is liable to Jane Doe 1 and the Class Members for damages they suffered as a direct and proximate result. 553. As a direct and proximate result of Deutsche Bank's conduct, Jane Doe 1 and the Class Members have in the past and will in the future continue to suffer substantial damages from psychological and physical injury, including extreme 150 EFTA00162107

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 151 of 163 emotional distress, humiliation, fear, psychological trauma, loss of dignity and self- esteem, and invasion of privacy. Deutsche Bank's aiding, abetting, and facilitating Epstein's sex crimes in violation of Chapter 130 directly and proximately caused Epstein's sex crimes. 554. By virtue of acting intentionally, outrageously, and with a high degree of moral turpitude and demonstrating such wanton dishonesty as to imply a criminal indifference to civil obligations, Deutsche Bank is liable to Jane Doe 1 and other Members of the Class for punitive damages. COUNT XI NEGLIGENT FAILURE TO EXERCISE REASONABLE CARE TO PREVENT PHYSICAL HARM 555. Plaintiff Jane Doe 1 realleges and incorporates by reference paragraphs 1 — 314, as if fully set forth in this Count. 556. Jane Doe 1 brings this Count individually and on behalf of the other Class Members she respectively seeks to represent. 557. In addition to any duties that might arise as a financial institution (as alleged in the next Count, below), Deutsche Bank owed a duty to Jane Doe 1 and the Class Members to exercise reasonable care to avoid conduct that created a risk of physical harm to them. Deutsche Bank's duties included a duty to exercise reasonable care to avoid conduct that would combine with Epstein's (and others') crimes, and permit Epstein's crimes, in violation of Chapter 130. 151 EFTA00162108

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 152 of 163 558. Deutsche Bank's own conduct in providing financial and other support for Epstein's sex trafficking venture set forces in motion that directly and proximately injured and caused physical harm to Jane Doe 1 and the Class Members. These forces that Deutsche Bank set in motion caused Epstein's intentional tortious conduct and Chapter 130 Crimes against Jane Doe 1 and the Class Members, causing physical harm and in themselves constituted physical harm to Jane Doe 1 and the Class Members. Deutsche Bank owed Jane Doe 1 and the Class Members a duty not to set those forces in motion because they unreasonably created a risk of physical harm. 559. Deutsche Bank reasonably could foresee, and did in fact foresee, that its negligent failure to prevent physical harm would result in physical harm to Jane Doe I and the Class Members. Deutsche Bank owed a duty to prevent that physical harm. 560. Deutsche Bank failed to act objectively reasonably in failing to take precautions to prevent Epstein's intentional tortious conduct and sex-trafficking and sex crimes in violation of Chapter 130, which were committed against Jane Doe 1 and the Class Members. If Deutsche Bank had acted reasonably to prevent physical harm, it would not have supported and allowed Epstein's sex-trafficking and sex crimes to occur. Deutsche Bank owed Jane Doe 1 and the Class members a duty to act objectively reasonably. 152 EFTA00162109

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 153 of 163 561. At the time of Deutsche Bank's own negligent conduct, Deutsche Bank both realized and should have realized the likelihood that it was creating an opportunity for Epstein to commit intentional tortious conduct and Chapter 130 Crimes against Jane Doe 1 and the Class Members. Indeed, Deutsche Bank knew that its own conduct was necessary to create Epstein's and others' opportunities to engage in that conduct and commit those crimes. Deutsche Bank owed Jane Doe 1 and the Class Members a duty not to create those opportunities for Epstein and others. 562. In aiding, abetting, and facilitating Epstein's tortious conduct and crimes, Deutsche Bank committed intentional torts directed against Jane Doe 1 and the Class Members. Deutsche Bank's aiding, abetting, and facilitating Epstein's tortious conduct and crimes were its own wrongful acts and omissions. Deutsche Bank had a duty not to commit tortious conduct and crimes—specifically aiding, abetting, and facilitating New York sex crimes as described above— directed against Jane 1 and the Class Members. 563. Deutsche Bank's breaches of its legal duties were the direct—Le., the but-for—cause of physical and psychological injuries to Jane Doe 1 and the Class Members. Without Deutsche Bank's breaches of legal duties, those injuries would not have occurred. The injuries that occurred were readily foreseeable to Deutsche Bank and proximately caused by Deutsche Bank's breaches. 153 EFTA00162110

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 154 of 163 564. Jane Doe 1 and the Class Members were easily within the zone of foreseeable harm from the Deutsche Bank's negligent acts and omissions. Deutsche Bank's negligent acts and omissions foreseeably created substantial risk of Jeffrey Epstein and his co-conspirators committing sex crimes against young women with whom he was in contact. Tragically, Jane Doe 1 and the Class Members fell within that zone. 565. Because of Deutsche Bank's negligent failure to prevent physical harm to Jane Doe 1 and the Class Members, it is liable to Jane Doe 1 and the Class Members for damages suffered as a direct and proximate result. 566. As a direct and proximate result of Deutsche Bank's negligent failure to prevent physical harm, Jane Doe 1 and the Class Members have in the past and will in the future continue to suffer substantial damages from psychological and physical injury, including extreme emotional distress, humiliation, fear, psychological trauma, loss of dignity and self-esteem, and invasion of privacy. Deutsche Bank's aiding, abetting, and facilitating Epstein's tortious conduct and sex crimes in violation of Chapter 130 directly and proximately caused Epstein's sex crimes. 567. By virtue of acting intentionally, outrageously, and with a high degree of moral turpitude and demonstrating such wanton dishonesty as to imply a criminal indifference to civil obligations, Defendant is liable to Jane Doe 1 and other 154 EFTA00162111

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 155 of 163 Members of the Class for punitive damages. COUNT XII NEGLIGENT FAILURE TO EXERCISE REASONABLE CARE AS A BANKING INSTITUTION PROVIDING NON-ROUTINE BANKING 568. Plaintiff Jane Doe 1 realleges and incorporates by reference paragraphs 1 — 314, as if fully set forth in this Count. 569. Jane Doe I brings this Count individually and on behalf of the other Class Members she respectively seeks to represent. 570. Deutsche Bank owed a duty to Jane Doe 1 and the Class Members not to knowingly provide non-routine banking assistance to Epstein that it knew, and reason to know, would lead to and support intentional tortious conduct and Chapter 130 Crimes by Epstein (and others) against Jane Doe 1 and the Class Members. 571. As described in detail in the fact section of this Complaint, Deutsche Bank did not merely provide routine banking assistance to Epstein. Instead, it participated in, aided and abetted, and facilitating his sex-trafficking venture and his commission of intentional tortious conduct and Chapter 130 crimes. Deutsche Bank also knew, and was willfully blind to the fact, that it was going beyond providing routine banking by facilitating Epstein's sex-trafficking venture and his commission of Chapter 130 crimes. 572. As an example, in providing hundreds of thousands of dollars in cash to Epstein and his co-conspirators in circumstances where it knew that the cash 155 EFTA00162112

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 156 of 163 would be used to facilitate coercive sex acts, Deutsche Bank took substantial actions outside the scope of routine banking assistance. 573. As another example, Deutsche Bank deliberately failed to follow numerous banking requirements in connection with financial dealings with Epstein, including AML rules, KYC rules, and anti-structing rules. In deliberately ignoring and failing to follow those rules, Deutsche Bank acted in a non-routine way to facilitate and support Epstein's and his co-conspirators' intentional torts, sex- trafficking and commission of Chapter 130 Crimes. 574. Deutsche Bank failed to act objectively reasonably by failing to comply with relevant banking laws and regulations with regard to its interactions with Epstein and his co-conspirators. Deutsche Bank owed a duty to Jane Doe 1 and the Class Members to act objectively reasonably in its interactions with Epstein and his co-conspirators and to exercise reasonable care to prevent them from engaging in foreseeable intentional torts and criminal activity by using Deutsche Bank's exceptional and non-routine banking assistance. 575. Deutsche Bank owed a legal duty to Jane Doe 1 and the Class Members to act objectively reasonably and to not deliberately ignore banking obligations, including KYC and AML laws and regulations described above, so as to provide Epstein and others with an opportunity to engage in coercive sex-trafficking and Chapter 130 Crimes. 156 EFTA00162113

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 157 of 163 576. Under KYC, AML, and related laws and regulations, Deutsche Bank had special duties not ignore crimes being committed by its customers—duties above and beyond any duties that the general public may have. The inquiries that banks must make include duties to inquire about specific individuals who banks know are being harmed. The regulations establish a duty of care that must be followed by banks, including Deutsche Bank. These duties exist at least in situations where a bank is knowingly going beyond offering routine banking to its customers and offering bank accounts, currency, and other assistance specially adapted to facilitate crimes. 577. Deutsche Bank also owed Jane Doe I and the Class Members a duty of care because it knew, and had reason to know, that Epstein and his co-conspirators were using Deutsche Bank to facilitate a sex-trafficking venture, raising a duty to make a reasonable inquiry about suspicious activity. 578. Deutsche Bank owed Jane Doe 1 and the Class Member a duty not to deliberately and purposely fail to file SAlts, which would have alerted federal authorities to Epstein's and his co-conspirators' illegal activities, including committing Chapter 130 Crimes. 579. Deutsche Bank also owed Jane Doe 1 and the Class Members a duty to prevent physical harm to them when confronted with explicit information that Epstein and his co-conspirators were using Deutsche Bank's non-routine assistance 157 EFTA00162114

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 158 of 163 to further a sex-trafficking venture harming Jane Doe 1 and the Class Members. Once Deutsche Bank had information about Epstein's use of Deutsche Bank for a sex-trafficking venture that was physically harming Jane Doe 1 and the Class Members, it owed them a duty of care to investigate and prevent Epstein's and his co-conspirators' suspicious and criminal activities. 580. In the exercise of reasonable care, Deutsche Bank and its employees knew, and should have known, of the dangerous propensities of Jeffrey Epstein to commit violations of article 130 of New York Penal Law against women and girls with whom he was in close proximity, including Jane Doe I and the Class Members. 581. Deutsche Bank also owed Jane Doe 1 a duty of care because Epstein and his agents opened a bank account in her name with Deutsche Bank, making her a customer of Deutsche Bank. 582. Deutsche Bank breached its legal duties to Jane Doe 1 and the Class Members as described above. Deutsche Bank's breach of its duties led to it failing to prevent Epstein from committing Chapter 130 Crimes against Jane Doe 1 and the Class Members. Deutsche Bank realized that Epstein were committing Chapter 130 Crimes against Jane Doe 1 and the Class Members. The criminal activity that harmed Jane Doe 1 and the Class Members included foreseeable TVPA and Chapter 130 Crimes committed by the Epstein. 583. As a direct and proximate result of the breach of legal duties by 158 EFTA00162115

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 159 of 163 Deutsche Bank, Jane Doe 1 and the Class Members repeatedly suffered direct and foreseeable injuries from Epstein and his co-conspirators, including federal and state sexual offenses (including sexual assaults) and resulting emotional distress, mental pain and suffering, and other physical, psychological, and other injuries. 584. The breaches of legal duties were the direct—Le., the but-for—cause of these physical and psychological injuries to Jane Doe 1 and the Class Members. Without Deutsche Bank's breaches of legal duties, those injuries would not have occurred. The injuries that occurred were readily foreseeable to Deutsche Bank. 585. The injuries that Plaintiff Jane Doe 1 and the Class Members suffered included injuries directly and proximately suffered while they were adults who were present in this District. These injuries are permanent in nature and Jane Doe 1 and the other Class Members will continue to suffer these losses in the future. 586. Deutsche Bank could reasonably foresee that their actions and omissions in facilitating Epstein's sex trafficking enterprise would lead to intentional torts and sex offenses against Jane Doe land the Class Members. Indeed, Deutsche Bank was aware, and should have been aware, that Epstein was a "high risk" to commit sex offenses against young women and girls. As the New York banking regulators concluded, the fact that Epstein was engaging in suspicious transactions "should have been obvious to [Deutsche] Bank personnel at various levels." 587. Jane Doe 1 and the Class Members were easily within the zone of 159 EFTA00162116

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 160 of 163 foreseeable harm from Deutsche Bank's negligent acts and omissions. Deutsche Bank's acts and omissions foreseeably created substantial risk of Jeffrey Epstein committing sex crimes against young women with whom he was in contact. Tragically, Jane Doe 1 and the Class Members fell within that zone. 588. While the foregoing allegations easily make out a clear case of negligence, this case does not involve mere negligence. Instead, Defendants' tortious conduct in this case evinced a high degree of moral turpitude and demonstrated such wanton dishonesty as to imply a criminal indifference to civil obligations. It also involved outrageous and intentional acts and omissions, because it was a deliberate attempt to further the crimes of a widespread and dangerous criminal sex trafficking organization. Defendants' tortious conduct was directed specifically at Jane Doe 1 and other Members of the Class, who were the victims of Epstein's sexual abuse and sex trafficking organization. 589. As a result of Deutsche Bank's negligent actions and omissions described in this Count, Jane Doe 1 and the Class Members have sustained both general and specifical damages from physical and psychological injury in substantial amounts. 590. By virtue of acting intentionally, outrageously, and with a high degree of moral turpitude and demonstrating such wanton dishonesty as to imply a criminal indifference to civil obligations, Deutsche Bank is liable to Jane Doe 1 and other 160 EFTA00162117

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 161 of 163 Members of the Class for punitive damages. IX. REQUEST FOR RELIEF Jane Doe I respectfully requests that the Court enter judgment in her favor, and against Deutsche Bank, as follows: a. That the Court certify the Class, name Jane Doe 1 as Class Representative, and appoint her lawyers as Class Counsel; b. That the Court award Plaintiff and the other Members of the Class compensatory, consequential, general, and nominal damages against Defendants in an amount to be determined at trial; c. That the Court award punitive and exemplary damages and treble damages against Defendants in an amount to be determined at trial; d. That the Court award to Jane Doe 1 and the other Members of the Class the costs and disbursements of the action, along with reasonable attorneys' fees, costs, and expenses; e. That the Court award pre- and post-judgment interest at the maximum legal rate; and f. That the Court grant all such other and further relief as it deems just and proper. JURY DEMAND Plaintiff demands a trial by jury on all claims so triable. 161 EFTA00162118

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 162 of 163 Dated: January 13, 2023 Respectfully Submitted, EDWARDS POTTINGER, LLC By: /s/ Bradley Edwards Bradley J. Edwards 425 N. Andrews Ave., Suite 2 Fort Lauderdale, FL 33301 (954)-524-2820 Fax: (954)-524-2822 Email: [email protected] EDWARDS POTTINGER Brittany N. Henderson 1501 Broadway Floor 12 New York, New York (954)-524-2820 Fax: (954)-524-2822 Email: [email protected] Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the University of Utah 383 S. University St. Salt Lake City, UT 84112 Telephone: 801-585-5202 Facsimile: 801-585-6833 Email: [email protected] (institutional address for identification purposes, not to imply institutional endorsement) David Boies Boies Schiller Flexner LLP 162 EFTA00162119

Case 1:22-cv-10018-JSR Document 42 Filed 01/13/23 Page 163 of 163 55 Hudson Yards New York, New York Telephone: (212) 446-2300 Facsimile: (212) 446-2350 Email: [email protected] Sigrid McCawley Boies Schiller Flexner LLP 401 E. Las Olas Blvd. Suite 1200 Fort Lauderdale, FL 33316 Telephone: (954) 356-0011 Facsimile: (954) 356-0022 Email: [email protected] Pro Hac Vice 163 EFTA00162120