UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE Case No. 09-34791-RBR Chapter 11 IN RE: ROTHSTEIN ROSENFELDT ADLER, P.A., Debtor VIDEOTAPED DEPOSITION OF JAMES N. HURLEY, ESQUIRE Corporate Representative of Fowler White Burnett, PA Friday, October 19th, 2018 10:05 a.m. - 2:29 p.m. 525 Okeechobee Boulevard, Suite 1200 West Palm Beach, FL 33401 Examination of the witness taken before Sonja D. Hall Palm Beach Reporting Service, Inc. 1665 Palm Beach Lakes Boulevard, Suite 1001 West Palm Beach, FL 33401 (561) 471-2995 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803632

L 1 2 3 4 APPEARANCES: For Jeffrey Epstein: LINK & ROCKENBACH, P.A. 1555 Palm Beach Lakes Boulevard, Suite West Palm Beach, FL 33401 301 By SCOTT J. LINK, ESQUIRE 5 By JENNIFER LETTMAN, ESQUIRE 6 For Bradley Edwards: 7 SEARCY, DENNEY, SCAROLA, BARNHART & 8 SHIPLEY, P.A. 2139 Palm Beach Lakes Boulevard 9 West Palm Beach, FL 33409 By JACK SCAROLA, ESQUIRE 10 For Farmer Jaffe: 11 EDWARDS POTTINGER LLC 12 425 N Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 13 By Bradley Edwards, Esquire 14 For Fowler White: 15 CARLTON FIELDS, PA 525 Okeechobee Boulevard, Suite 1200 16 West Palm Beach, FL 33401 By JOSEPH IANNO, JR, ESQUIRE 17 18 ALSO PRESENT 19 Above & Beyond Reprographics 2161 Palm Beach Lakes Boulevard, Suite 412 20 West Palm Beach, FL 33409 By Manuel Santiago, Videographer 21 22 23 24 25 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803633

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDEX Videotaped Deposition of JAMES N. HURLEY, ESQUIRE Page No. Direct Examination by Mr. Scarola Cross-Examination by Mr. Edwards Cross-Examination by Mr. Link Redirect Examination by Mr. Scarola Recross-Examination by Mr. Link Further Redirect Examination by Mr. Scarola Recross-Examination by Mr. Edwards Certificate of Oath Certificate of Reporter Read & Sign Letter to Witness EXHIBIT INDEX 6 71 105 106 126 127 150 153 154 155 Letter Description Page No A Re-Notice of Taking Video Deposition 7 B Exhibit Numbered Documents 44 C Produced Subpoena Duces Tecum Documents 109 D Various Bates-Stamped Documents 143 (Sealed and retained by Mr. Scarola) Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803634

4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE VIDEOGRAPHER: We are on the video record. This is the 19th day of October 2018. The time is approximately 10:05 a.m. This is the videotaped deposition of the corporate representative of Fowler White Burnett, P.A., In Re: Rothstein Rosenfeldt Adler, PA. This deposition is being held at 525 Okeechobee Boulevard, West Palm Beach, FL 33401. My name is Manuel Santiago. I am the videographer representing Above & Beyond Reprographics. Will the attorneys please announce their appearances for the record? MR. SCAROLA: My name is Jack Scarola. I am counsel on behalf of Bradley Edwards. MR. EDWARDS: Brad Edwards on behalf of Farmer Jaffe. MR. IANNO: Joseph Ianno, Carlton Fields, on behalf of Fowler White. MR. LINK: Scott Link and let Jennifer Lettman on behalf of Mr. Epstein. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803635

5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THEREUPON, JAMES N. HURLEY, ESQUIRE, being a witness in the notice heretofore filed, and being first duly sworn in the above cause, testified on his oath as follows: THE WITNESS: I do. MR. LINK: Mr. Scarola, before we begin with questions, some housekeeping matters. You have a subpoena -- the notice, at least, with duces tecum. MR. SCAROLA: Yes. MR. LINK: So we have 182 pages of documents to be produced. So I'm giving you what we've marked as 1 through 182. We have an additional set of documents that are 183 through 215, that I do not believe are responsive to your notice. They are Bates-numbered emails. I don't know if you want to have these produced and made available to everyone or not. MR. SCAROLA: Are those the documents that have been identified on a privilege log? THE WITNESS: They very well may be. They have Bates numbers on them. I do not Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803636

6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know if they were originally identified on a privilege log, subsequently removed. I don't know the status of them, but they may very well have been originally on a privilege log. MR. SCAROLA: Let me see what you have. We will talk about both of the groups of documents you're producing today and we will decide what, if anything -- MR. IANNO: One group I'm producing. The second group I don't believe is responsive, but I will produce it, if you would like a copy of them. MR. LINK: You have a copy for me of the second group? MR. IANNO: No, because I am not producing them yet. MR. LINK: You delivered them. MR. IANNO: No, no. I didn't deliver them. He's looking at them. I only have one copy. My copy. DIRECT EXAMINATION BY MR. SCAROLA: Q Would you please state your full name? A John Norford Hurley. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803637

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Mr. Hurley, how are you currently employed? A I'm employed by Fowler White Burnett. Q Are you appearing here today on behalf what we will call Fowler White, for abbreviated purposes, in response to a re-notice of taking video deposition of the law firm? A I am. Q I am going to hand you a copy of that notice, and ask you whether you have seen what has now been marked as Exhibit A to this deposition previously. A I have seen the notice of the deposition. (Exhibit A was marked for identification.) BY MR. SCAROLA: Q Can you tell us, please, what role, if any, you played in gathering documents that have been produced in response to this notice of deposition duces tecum? A Together with our counsel, we reviewed documents from our file to determine what was responsive and what wasn't responsive. Q I have been handed a package of documents, which I have not yet had an opportunity to review. Can you tell me, please, the procedure that was used to gather those documents? Where did they come from? A Those are documents which were maintained in Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803638

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Fowler White file. We have gathered them since 2017 to get all of our file materials together. We have provided our file materials to our counsel. I also reviewed emails from my Outlook box subsequent to delivery of the files to counsel for communications between myself and the Link & Rockenbach firm as it pertain to review of our file materials, and provided those. And they are part of this as well. Q I understand from that response that the documents that we -- have produced today in response to the subpoena -- were assembled into a file. Could you tell us, please, where each of the components of that file originated? MR. IANNO: Object to the form. THE WITNESS: I can't break it down by document. I can tell you what we did in order to gather the Epstein file materials together. BY MR. SCAROLA: Q Thank you. Please do that. A Sure. We did a -- IT did a search of all of our systems, backups for anything pertaining to Mr. Epstein. We looked at the various computers and Outlooks for the attorneys involved in Epstein Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803639

9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 communications to gather those emails from those, to the extent that they weren't in our backup. It turns out they all were in backup, anyway, so a duplicate of what we found otherwise. We had the hard materials in our file. Again, this is a 2010 through 2012 basic time period. For the most part, a lot of things were being printed, and so we went through the hard materials we had, as well, and then gathered those -- not into a single file. They are maintained in a single area, which is a protected database that I have access to as general counsel of the firm. Q What were the search terms that were used in reviewing electronically stored information? A I don't know all the search terms we used. We tried to be as comprehensive as we could to gather anything that referred to Mr. Epstein. We used the file numbers. I know that. I don't know of any other terms we used beyond those. Q We have learned through earlier representations that have been made in connection with this matter that a large number of boxes were produced for review to the Link & Rockenbach firm, and that subsequently those boxes were delivered to that firm. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803640

10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Did your search encompass any of the contents of those boxes? A Yes. Q How? A As far as the documents that were delivered to the Link firm, they were done in two stages. The first stage, the Link firm came to our office -- I believe it was Scott and mostly Tina Campbell -- to review the documents. They flagged certain documents that they wanted to have received. We provided copies of the hard documents that they wanted copied. We provided duplicate of a disc -- discs, plural -- that they wanted duplicated. The hard copies of the documents that were delivered to the Link firm at that time, a copy of those were also put into my protected directory. The discs were not reproduced, so we did not keep anything else from the disc. They were put back in the original file. The second production, when we gave up the entire file of everything we had on this particular matter, excluding our correspondence clips, which were not produced, and which we have retained in our office, we did not keep a copy of those. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803641

11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How many discs were contained within the boxes that were produced for review by Link at the time of that initial review? A I have not added them up. Q As you sit here today, do you know how many discs were included within those boxes? A Again, I have not added them up. I just know it was multiple. Q Did you personally see the number of discs? A I'm not sure I understand that. Q Was there a point in time when you looked at the discs in the boxes so that, although you didn't count them, you have some impression as to the number of discs that were there? A I did not view the disc within the boxes that were delivered. Q So as you sit here today, you have no way to even estimate the number of discs that were produced to Mr. Link? MR. IANNO: Object to the form. THE WITNESS: As I sit here today, I cannot duplicate (sic) the number of discs that were produced to Mr. Link. I believe it can be done. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803642

12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q How? A When we sent the files to archives, there was an index of the file materials by folder. And the index itself references various discs included: deposition discs, other types of discs that were in there. And that would be the only way. Q Do the documents that you produced today include that index? A No. Q Is that index available? A Yes. Q Is there any reason why that index could not be produced today? That is, do you have any reason to believe that the index itself is in some way not subject to production? MR. IANNO: The answer is yes. To a certain extent, it probably needs to be redacted, depending upon what's on it, because if it's anything like our file index, there's probably privileged information about subjects and things like that. MR. SCAROLA: So the answer today is, I don't know. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803643

13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. IANNO: The answer is it could be produced, but probably in a redacted, if not entirely privileged form. THE WITNESS: Further, in review of that -- in review of the duces tecum, we reached the conclusion jointly that it did not fall within any of the areas specifically defined by the duces tecum. BY MR. SCAROLA: Q As you sit here today, do you know how many discs there were included within those 30-plus boxes that contained electronically-stored information that originated with the Rothstein Rosenfeldt Adler or Farmer Jaffe law firms? MR. IANNO: Object to the form. THE WITNESS: As I sit here today, I don't know if there were any discs in that file that contains those materials. BY MR. SCAROLA: Q As you sit here today, do you know how many discs there were within those files that had been delivered to Fowler White in connection with procedures followed responding to a subpoena that was issued to the Rothstein Rosenfeldt Adler bankruptcy trustee? MR. IANNO: Objection to form. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803644

1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: We are talking about in December of 2010? BY MR. SCAROLA: Q Yes, sir. A It is my understanding, I believe, there were two discs. I believe that's correct. Q What were the contents of those discs? A From my review of the file materials and discussing the matters with the attorneys who were involved in the case, approximately 27,000 or so pages of documents that subsequently were dealt with in three separate ways. It's my understanding certain documents were considered irrelevant, certain documents were eventually deemed to be attorneys' eyes only, and then documents contained within a privilege log. Q Were the documents on the discs divided in that manner? MR. IANNO: Objection to the form. Can you clarify which disc? BY MR. SCAROLA: Q The two discs that you are now referencing. A I don't know how the documents I have never seen those discs. Q What is the basis of your statement that the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803645

15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 documents on the discs fell into the three categories that you've described? A In my review of various emails at the time, subsequent emails going back and forth, discussions with some of the attorneys involved in the matter. Q You referenced approximately 27,000 documents. Is that the combined total of the pages on both discs that you're referencing? A I believe so, because there's an email from Lilly Ann Sanchez, I believe, to Seth Lehrman in which that figure was contained for a number of boxes that were being sent to Seth Lehrman on December 10. Q Do you know how many of the 27,000 documents were contained on each of the two discs? A I do not. Q Did Fowler White receive both discs simultaneously? A I believe we received materials at one time. Q When? A They were picked up from Judge Carney's house on December 7th of 2010 and Federal Expressed from our Palm Beach office to our Miami office that day; received in the Miami office on December 8th, 2010, I believe. Q How did you make that determine -- those Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803646

16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 determinations? A The review of emails in the file. Q Were either of the two discs marked or labeled in any way? A I don't know how they were labeled, if at all. Q Do you know whether any discs delivered to Mr. Link were labeled in any way? A I don't know. Q Describe for me, if you would, please, the efforts that you undertook in order to be in a position to speak on behalf of Fowler White during this deposition. MR. IANNO: Objection to form. On what topics? There's none listed in the notice. BY MR. SCAROLA: Q Any topics. A Again, I reviewed our file materials of a period of time. I have talked to lawyers involved in the case at the time. I have talked to their assistants involved in the case at the time. I talked to our IT personnel who were here at that time. I talked to a file clerk who was here at that time. Q Who are the lawyers within the Fowler White firm at any time to whom you spoke? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803647

17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I talked to Lilly Ann Sanchez, Joe Ackerman and Chris Knight. Q Who are the IT personnel to whom you spoke? A David Tobin. Q Spell the last name for us, please. A T-O-B-I-N. Q Who was the law clerk to whom you spoke? A Chris Hewitt. Q Who among those individuals is still a Fowler White employee? A Everybody except for Ms. Sanchez. Q Did you ever speak to Judge Carney with respect to any matters relating to this disc or these discs? A I myself have not. Q Did any agent of Fowler White at any time within the last year speak to Judge Carney? MR. IANNO: Object to form. THE WITNESS: Our attorneys. BY MR. SCAROLA: Q Was any information conveyed by Judge Carney relayed to you? MR. IANNO: That just calls for a yes or no answer, or I don't know. THE WITNESS: Any information, yes. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803648

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q What did Judge Carney relate to you regarding the disc? MR. IANNO: Judge Carney didn't relate anything to him, so I am instructing him not to answer. All of his information came from his counsel. BY MR. SCAROLA: Q Have you taken into consideration any of the information that you received from Judge Carney in giving any of the responses that you have given thus far? MR. IANNO: Object to the form. THE WITNESS: No. BY MR. SCAROLA: Q Have you personally had any conversation or communication with Herb Stettin regarding the matters that are the subject of the contempt proceedings that are pending? A No. Q Have you had any conversation or communication with Charles Lichtman regarding the subject matter of the pending contempt proceedings? A No. Q Have you had any conversation or Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803649

19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 communication with Robert Critton regarding the subject matter of the contempt proceedings? A No. Q Have you any conversation or communication with William Scherer regarding the subject matter of the contempt proceedings? A No. Q Has any agent of Fowler White, to your knowledge, had any communication with Herb Stettin, Charles Lichtman, Robert Critton or William Scherer concerning the subject matter of the contempt proceedings? MR. IANNO: Objection to form of the question. THE WITNESS: Not that I'm aware of. BY MR. SCAROLA: Q Upon receipt of the discs from Judge Carney on December 7, what happened to them? A They were Federal Expressed on the evening of the 7th to our Miami office, for receipt on the 8th. Q To whom were they directed in the Miami office? A I believe they were sent to Ms. Sanchez, but I'm not positive. Q What is Fowler White's understanding as to Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803650

20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 why Judge Carney delivered discs to Fowler White on December 7th? A For us to apply Bates stamps to the documents contained on that disc, to make a copy of the contents of the disc for sitting -- returning to Farmer Jaffe. Q And when you talk about a copy, are you talking about a hard copy? A A hard copy of the contents of the disc after being Bates stamped. Q Why were the discs delivered to the Miami office? A We had the facilities in the Miami office to do this job. Q What happened to the discs upon their delivery to the Miami office? A The documents from the discs were used for making a set with Bates stamps applied using our firm's software. Eventually the discs were returned to Judge Carney. Q Were the discs duplicated in whole or in part prior to returning them to Judge Carney? MR. IANNO: Object to the form of the question. THE WITNESS: No. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803651

21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q When were the discs returned to Judge Carney? A In December of 2010. Q When in December of 2010? A I believe, as best I can tell from the file, approximately December 28th, 2010. Q How many copies of the Bates-stamped contents of the discs were made by Fowler White? A I believe just one for sending to Farmer Jaffe. Q Was that copy sent to Farmer Jaffe? A Yes. Q How was it transmitted? A By Federal Express. Q When? A December 10th, 2010. Q Where were the discs maintained between December 10, when the copying process was completed, and December 28th, when they were delivered to Judge Carney? A I don't know. Q Did Fowler White ever come into possession of any other disc containing electronically-stored information from either Rothstein Rosenfeldt & Adler or Farmer Jaffe? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803652

22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. IANNO: Object to form. THE WITNESS: I don't know for sure. I believe possibly at a later date. BY MR. SCAROLA: Q What is the source of that belief? A It is my understanding -- I have been told -- I do not know this from personal knowledge -- that part of the file delivered to Mr. Link's office contained a disc that had materials in it. That disc was contained in a file folder. And in my investigation into that and discussions with people, it's my belief that we received that file folder at a later date than when the original copying took place. Q What date? A I don't know. Q From whom? A Again, I don't know. Q What effort did you make to determine where this disc delivered to Mr. Link came from? A I interviewed the attorneys who were involved. I talked to the file clerk. I talked to the assistants that we still had with us, reviewed our file materials to see if there was any reference in our file materials. And that's pretty much the extent. Q What leads you to believe that the disc that Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803653

23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was delivered to Mr. Link from your files originated as a consequence of a disc having been delivered to Fowler White at a later date than December 7, December 8 or December 10? MR. IANNO: Object to form. You can answer if you understand. THE WITNESS: Several aspects. First of all, in my review of the emails at the time of the original copying, Bates stamping, indicate that the discs were being returned to Judge Carney, as contained in an email from Lilly Ann Sanchez to Mr. Lehrman, I believe copied to a number of people. Then we have this file folder. And, again, I am going from what I have been told by third parties, not related to our firm, that the disc was in that file folder. BY MR. SCAROLA: Q Who told you that? A Mr. Link's office. Q Who? A I don't recall. Q Continue please. A We took the file folder and we showed it to the people I referenced earlier, if they recognized the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803654

24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 handwriting on the file folder. Nobody recognized the writing on the file folder. We showed the file folder to our clerk, the file clerk pursued it, asked about the handwriting. He said, I don't recognize the handwriting. Furthermore, I don't recognize the type of file folder. That's not something that we traditionally used. This is all from a photograph of the folder that we received. Q Is that photograph in these materials that you produced? A No. Q Continue. MR. IANNO: It kind of is. This is not a photograph. It's a photocopy. THE WITNESS: To be clear, that is not the photograph that we were shown at the time. MR. IANNO: No. This is an actual copy of the file folder. It's just not a photograph of the folder. THE WITNESS: The photograph of the folder actually showed the folder in more detail than what was produced to you Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803655

25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 today -- or given to you today, I guess, is a more proper term. So between seeing the emails -- contemporaneous emails about the disc being returned and my interviews with people, I believe that we received that disc at some later time. I can't tell you when and from whom. I have thoughts, but that's all they are. BY MR. SCAROLA: Q Share those thoughts with us, please. MR. IANNO: No. They are just speculation. BY MR. SCAROLA: Q That's all right. I want to hear them. A Possibly from Judge Carney, when he was no longer involved. Q And as you say, that's nothing more than speculation on your part. A That's what I said at the beginning. Q Have you been provided with any information as to whether Judge Carney recognized the handwriting on that disc? A I have Q The one delivered to Mr. Link. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803656

26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I understand. I have not been. MR. IANNO: The disc or the file folder? I just want the record to be clear. MR. SCAROLA: The disc. BY MR. SCAROLA: Q But you can also tell me about the file folder. Has the handwriting on the file folder been identified, to your knowledge? A Not to my knowledge. Q So if I understand your testimony correctly, the only indication to you -- you meaning Fowler White -- that this is not -- this meaning the disc delivered to Mr. Link -- is not a duplicate copy of the disc that was originally received by Fowler White on December 7th, is the type of file folder in which it was stored and the unidentified handwriting on the disc. Is that correct? MR. IANNO: Object to the form. THE WITNESS: It's actually wrong on a number of different levels. BY MR. SCAROLA: Q Okay. Tell me. A I have no idea when that disc was burned that we are talking about here. MR. EDWARDS: When the disc was what? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803657

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Burned. If it was Judge Carney's copy, it would have been a duplicate disc at about that time. BY MR. SCAROLA: Q At about what time? A When the copies were being made, and sent the hard copies to Farmer Jaffe and the Bates stamps being applied. What I'm saying is, I do not believe that that disc was maintained in our file folder from that time in December until sometime later on. It is not just from the handwriting or the type of folder. Again, it's my review of the emails. It's my review of the file and the actions of lawyers over the next two years fighting over the privilege log and things along those lines. Also, it's my review of how our lawyers handled other documents in the file. Q What is it about the way that Fowler White's lawyers handled other documents in the files that supports your speculation about the origin of the disc? MR. LINK: Object to form. THE WITNESS: There was extreme care being taken to ensure that documents were Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803658

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not seen by inappropriate people. I am referring particularly to the attorneys'- eyes-only documents. There was a request from Roy Black to view these documents. At the time, there were email exchanges as to whether Mr. Indyke would also be entitled to see those. And the idea was, no, he was not going to be entitled to see those, that he would not be shown those, even though he was a lawyer, because everybody wanted to make sure that it was restricted to Mr. Black and not shown outside the scope of attorneys that were involved in the Alan Gray's (phonetics) legal affairs -- scope of the various legal affairs. BY MR. SCAROLA: Q Attorneys'-eyes-only documents were shared with Mr. Black? A I don't know if they were eventually sent to him. I don't recall that kind of email. I know that there was an email about him looking at attorneys'- eyes-only documents, and that led to the discussion they would not be shown to Mr. Indyke because of his Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803659

29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 relationship with Mr. Epstein. And everybody was in agreement with that. Q Who are the lawyers who reviewed attorneys'- eyes-only documents that originated on the disc? A I don't know. Q Who are the Fowler White lawyers who viewed attorneys'-eyes-only documents on the disc? A I do not know. Q What effort did you make to find out who had viewed attorneys'-eyes-only documents on the disc? MR. IANNO: Object to form. THE WITNESS: They were not part of my investigation. BY MR. SCAROLA: Q Did Fowler White determine why it was that care was being taken to restrict access to information that originated on the discs? MR. IANNO: Object to the form of the question. That's just a yes, no, or I don't know answer. I'm not sure we are going to get into what Fowler White actually did, but you can answer that question. THE WITNESS: Can you state it again, please? Or read it back. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803660

30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q Yes. Did Fowler White determine why care was being taken to restrict access to information that had originated on those on that disc or those discs? MR. IANNO: Same objection. THE WITNESS: Specifically as to why, no. BY MR. SCAROLA: Q Did Fowler White become aware of the entry of a court order that restricted access to information contained on the discs.? MR. IANNO: Object to the form of the question. THE WITNESS: I'm aware of an order entered prior to delivery of the disc in December. I'm aware of discussions apparently regarding a confidentiality order. I don't know if that was ever entered subsequently. BY MR. SCAROLA: Q And what is it that Fowler White knows about an order that was entered prior to delivery of the discs on December 7? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803661

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. IANNO: Object to the form of the question. THE WITNESS: The order says that the disc will be delivered to Fowler White, we will apply the Bates stamp, send the copies out, return the disc, and not retain any copies within Fowler White's files. BY MR. SCAROLA: Q Does Fowler White agree that the retention of a copy of that disc is in violation of that order? MR. IANNO: Object to the form of the question. Instruct you not to answer. MR. SCAROLA: The basis of the instruction? MR. IANNO: Work-product privilege and outside the scope of this deposition. You're asking him to opine sitting here as an expert witness on an, ultimately, fact, apparently. But we are not here to agree or disagree as to a court order. You're here to get facts. BY MR. SCAROLA: Q Did Fowler White take steps to avoid retention of any copy of the disc? A Yes. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803662

32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What did it do? A The method of Bates stamping required that the disc be utilized by Mr. Tobin in our IT department. Afterwards, any reference of those discs was deleted, I believe, from the program and from his desktop computer, temporary folder. The copies were sent to Farmer Jaffe, as required; and the disc returned to Judge Carney, as required. Q Who was Fowler White representing at the time that it undertook the task of Bates stamping and producing copies of documents contained on the disc? A We were attorneys of record for Mr. Epstein. Q Did Fowler White understand that it was in possession of information that was privileged information of an adversary? MR. IANNO: Object to form, but you can answer if you know the answer. THE WITNESS: We understood that there was a claim that certain documents were privileged. BY MR. SCAROLA: Q During the period of time in question in November of 2009 and December of 2009 -- excuse me of 2010, did Fowler White's attorneys keep time records Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803663

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with respect to any services that were being rendered on behalf of Jeffrey Epstein? A Yes, they did. Q Are those time records still available? A Yes. Q Are those time records part of what has been produced? A No. Q Why? A They are privileged. Also, I'm not sure they're entirely responsive. Q Have you reviewed them in order to make a determination as to whether there are responsive entries in the time records? A Not for that purpose, no. Q Did any support personnel keep time records with respect to services rendered on behalf of Jeffrey Epstein during the period of time that Fowler White was representing Jeffrey Epstein? A Yes. Q Who are the support personnel that kept time records for Epstein-related services? A There would have been various paralegals who were working on the file. Q Who are those individuals? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803664

34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I don't recall their names. Q Did you interview any of those individuals? A I did not. I did not see any involvement of them with the disc or handling of the disc in my review of the file materials. Q Did you review their time records to see whether or not the time records reflected any involvement with the discs? A I did. Q Did they? A Not that I saw. Q Did Mr. Tobin keep time records with respect to services that related to the representation of Jeffrey Epstein? A No. Q Does Mr. Tobin keep time records with respect to any of the services that he performed? A No. Q Did the equipment used to generate Bates- stamped copies of documents from the disc record the services performed in making those copies? MR. IANNO: Object to form. THE WITNESS: I'm not sure I understand the question. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803665

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q Photocopy machines sometimes require that an individual identification number be entered by keypad on the machine, and that a case number be entered before the machine will function to generate copies. Was any such equipment that recorded user or use employed with respect to these discs at any time? A That -- again, it's a two-part question. We had the capability at that time to put in file numbers if we were going to bill copies to files. Now it's mandatory. At that time it wasn't mandatory. I have reviewed what was available at the time. Q What did you learn as a consequence of that review? A That there is no indication of copies being made. Q Did you make a determination as to why not? MR. IANNO: Object to form. THE WITNESS: Just a fact. BY MR. SCAROLA: Q Would it not have been part of the firm's policies, practices and procedures to charge 27,000 copies to some specific file? MR. IANNO: Object to form. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803666

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Our copy procedures are more client-dependent than they are firm. As you know, we have an insurance practice. All of our insurance clients have different policies regarding photocopies. Exceptions are made in particular instances. BY MR. SCAROLA: Q Was Mr. Epstein charged for copies? A No. Q During the period of time that Fowler White was representing Mr. Epstein, was Mr. Epstein ever charged for copies? A I believe so. Q When was he charged for copies as opposed to when he wasn't charged for copies? MR. IANNO: Object to form. MR. LINK: Mr. Hurley, one second. I think you can answer that question, but we are not waiving attorney-client privilege between the Fowler White law firm and Mr. Epstein, so I don't want any discussion about strategic decisions, okay? THE WITNESS: I understand. It was a general rule that in the normal day-to-day, Mr. Epstein was charged Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803667

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for copying. BY MR. SCAROLA: Q Why was there an exception to that rule in connection with generating 27,000 plus copies in connection with the task that you have described having been performed in your Miami office sometime between December 8th and December 28th? MR. IANNO: Object to form. You can answer if you know the answer to that question. THE WITNESS: And I do not know. BY MR. SCAROLA: Q What effort did you make to find out? A Talked to Ms. Sanchez. She was the attorney who was most involved in this particular part of the process. And she didn't recall. Q Was Mr. Epstein charged for the services involved in the copying project, even if not charged for the copies themselves? A No. Q Was not charging Mr. Epstein for services involved in a copying project of this magnitude in conformity with the standard operating procedures of Fowler White in place at the time? MR. IANNO: Object to the form of the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803668

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 question. I'm going to instruct you not to answer. In compliance with Fowler White's procedures on charging clients are privileged. Whatever they do with regard to their clients is not discoverable, especially not in this proceeding. BY MR. SCAROLA: Q Did you review invoices generated for services rendered to Mr. Epstein during the period of time between the beginning of November and the end of December of 2010? A I did. Q Were there invoices? A There were invoices covering professional services rendered during that period of time, yes. Q Did any of those invoices reflect any services that related directly or indirectly to the receipt, processing, review or delivery of the discs or any electronically-stored information on the discs or any documents generated from the discs? MR. IANNO: Object to the form of the question. That calls for a yes or no answer, without divulging the contents of those invoices. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803669

3 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Yes. BY MR. SCAROLA: Q What services were reflected on those invoices that related in any way to the discs? MR. IANNO: Object to the form of the question. I am going to instruct you not to answer based on privilege. MR. SCAROLA: The privilege is? MR. IANNO: Attorney-client. Potentially work product as well. I haven't reviewed the invoices to know exactly what's shown on the invoices for services rendered. MR. SCAROLA: So is it fair to say that you are asserting a privilege without having reviewed the documents to determine whether there is a privilege? MR. IANNO: No. My assertion on privilege is that an attorney's invoices to a client are privileged. I said they may also include work product based on what the invoices say. But for certain, the communications and the invoices are attorney-client privilege. I was specifically referring to work product. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803670

40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q To whom did invoices for services rendered to Mr. Epstein get sent? A I don't recall. Q Who paid those invoices? A I don't know. Q Calling your attention to Exhibit A of the deposition. MR. LINK: Mr. Scarola, is it the one that says Exhibit 1? MR. IANNO: It's the depo notice. MR. LINK: Separate from Exhibit 1? MR. IANNO: Yes. It's the notice of deposition. MR. SCAROLA: I don't have -- MR. LINK: You didn't bring copies? MR. SCAROLA: I don't have a third copy of that. I assumed you have a copy of the notice of deposition. I don't have another copy for you. MR. LINK: That's okay. MR. IANNO: I can have copies made, if you want to take a break. It's up to you guys. MR. LINK: I'm okay. Unless Mr. Hurley Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803671

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 needs a break. He has been going about an hour. MR. SCAROLA: Your choice. THE WITNESS: I'm fine right now. BY MR. SCAROLA: Q Are the documents that you produced all communications and all records related to the chain of custody of the subject disc? A I don't understand. Is that a question? Q Pardon me? A Was that a question? Q Yes. Did you produce all communications and al_ records relating to the chain of custody of the subject disc? MR. IANNO: Object to the form of the question. THE WITNESS: I believe so. BY MR. SCAROLA: Q Did you produce all communications and all records relating to any copies that Fowler White made of the disc? A I believe so. Q Did you produce all communications and all records relating to the chain of custody of alleged Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803672

/12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 privileged information derived from documents and/or data contained on the subject disc or any copies of the subject disc? A I believe so. Q Did you produce all communications between Fowler White and any third party, including but not limited to Jeffrey Epstein, that referenced or discussed the subject disc and/or alleged privileged information derived from documents and/or data contained on the subject disc or any copies of the subject disc? MR. IANNO: Object to form of the question, because that clearly called for attorney-client privilege information. You can answer. THE WITNESS: Yes, I believe so. BY MR. SCAROLA: Q Produced it all? A Yes. Q Did you produce all documents sufficient to identify all persons and/or entities that received copies and/or images of the alleged -- excuse me -- the alleged privilege information derived from the documents and/or data contained on the subject disc or any copies of the subject disc? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803673

3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I believe so. Q Did you produce all documents sufficient to identify whether, when and to whom the subject discs, copies of the subject discs, or any data derived from the discs were disseminated? A Yes, I believe so. Q Did you produce all communications and all records relating to efforts made by Fowler White to comply with the requirement of the court's November 2010 order that is the subject of these proceedings from November 1, 2010 to March 1, 2011? A Yes, I believe so. Q Did you produce all communications between Fowler White and Special Master Carney regarding the copying of the documents on the disc, the Bates numbering of the documents on the disc or the methodology that we -- we meaning Fowler White performed to accomplish the copying and Bates-number project? A I believe so. Q Did you produce all communications between Fowler White and any members of the Farmer Jaffe firm regarding the copying or Bates-numbering process? A I believe so. Q So as I understand those responses, nothing Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803674

44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 falling within the descriptions included within the re-notice of taking video deposition duces tecum has been withheld for any reason; is that correct? MR. IANNO: Object to form. THE WITNESS: Within my understanding of the meaning of these requests, the answer is nothing has been withheld. BY MR. SCAROLA: Q Thank you. You have in front of you what has been marked as Exhibit B in Composite Exhibit -- MR. IANNO: It hasn't been marked yet. You have the marked copy. (Exhibit B was marked for identification.) MR. LINK: Now we are on Exhibit 1? MR. SCAROLA: We're on Exhibit B. It's a composite exhibit. It includes within in it, numbered exhibits. MR. LINK: Understood. MR. SCAROLA: The first of which is Bl. MR. LINK: Like Bingo. BY MR. SCAROLA: Q Going through Exhibit B, the first document is a subpoena duces tecum for deposition documents only issued to Herb Stettin, Trustee in Bankruptcy for Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803675

4 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Rothstein Rosenfeldt Adler, P.A. Do you recognize this document? A I believe I have seen it before. Q You understand that it was the issuance of the subpoena that ultimately led to the production of the discs that were delivered to Fowler White, correct? MR. IANNO: Object to form. THE WITNESS: This or something very similar to this, yes. BY MR. SCAROLA: Q Go to Exhibit 2, if you would please. Looking at Exhibit B2, do you recognize this May 18, 2010 order entered by United States Bankruptcy Court Judge Raymond Ray? A I don't recall having seen this. Q I would like you to look at this document now. And I ask you to note that this purports to be an order from Judge Ray of May 18, 2010, entered in response to a motion by trustee Stettin -- Herb Stettin -- for expedited relief seeking a protective order and approving proposed document production protocol. You see that in the initial sentence of the order? A I do. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803676

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q This document goes on, on the next page, to describe a protocol relating to the production of information in response to the subpoena that we just looked at, correct? MR. IANNO: Object to form. THE WITNESS: Again, I haven't read the order. BY MR. SCAROLA: Q Well, take a look at it. Paragraph two, the end of the order -- excuse me. The end of the first portion of paragraph two says, "The Court approves the following protocol to govern any demand, subpoena or request for production of RRA's electronically stored information." You see that? A Yes. Q Is it Fowler White's assertion that Fowler White was never aware of the entry of this order? MR. IANNO: I will object to form and instruct you not answer. It's outside the scope. Goes to privileged information. MR. SCAROLA: And that privilege is? MR. IANNO: Work product. You're asking for his assertions on an issue that's not involved in this case. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803677

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q Go to Exhibit Number 3, if you would please. Do you recognize this document? A I have seen this. Q What do you understand this to be? A That this was the order appointing Judge Carney to act as a special master in regards to discovery issues. Q What did Fowler White understand the originally contemplated procedure to be with respect to responding to the subpoena? MR. IANNO: Object to form. At this point, Mr. Hurley, answer Mr. Scarola's question if you know. THE WITNESS: This is not part of what I was -- have reviewed in my scope as general counsel or preparation for this deposition. BY MR. SCAROLA: Q So your answer is, I don't know? A Correct. Q Turn to Exhibit B4, please. Have you ever seen this document before? A I don't recall having seen this. Q Have you had sufficient opportunity to look Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803678

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at it to be able to say you have not seen it previously? A Yes. More correctly, I don't recall having seen it previously. Q Go to Exhibit B5, please. Have you ever seen this document before? A I don't recall having seen this. I may have. I don't recall. Q You do agree that Fowler White was representing Jeffrey Epstein on October 15, 2010? A Yes. Q And Fowler White was involved throughout the proceedings that were occurring in bankruptcy court with regard to compliance with the subpoena issued to the bankruptcy trustee, correct? MR. IANNO: Object to form. THE WITNESS: I do not know the full extent of the involvement. It would be an assumption on my part. BY MR. SCAROLA: Q What do you know about Fowler White's involvement in those proceedings? A We were representing Mr. Epstein in regards to trying to obtain documents as part of the lawsuit. Q And the effort to obtain documents was the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803679

49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issuance of a subpoena to the bankruptcy trustee appointed to control all of the assets, including all documents that were generated in the conduct of business by the Rothstein Rosenfeldt & Adler firm, correct? MR. IANNO: Object to the form of the question. THE WITNESS: It involved the issuance of the subpoena to the trustee in the bankruptcy. BY MR. SCAROLA: Q And Fowler White you know from your review of electronic communications -- was directly involved in negotiating the procedures that were to be followed in an effort to obtain that production and to identify privileged materials in connection with that production, correct? MR. IANNO: Object to form. THE WITNESS: In my review, I focused on the procedures leading up to providing the disc to Fowler White. I did not concentrate on what happened prior to that. So as far as what happened between the issuance of the subpoena and to the discussions as to how Fowler White -- or how Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803680

5 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 these discs were to be handled -- the information was to be handled in regards to the development of a privilege log, I didn't review that. The time we were concerned with, we are going to have a privilege log. How do we get the documents handled forward was what I concentrated my review on. BY MR. SCAROLA: Q You understood that Fowler White was responsible for assuring that no privileged information, no potentially privileged information could be accessed as a consequence of Farmer White's excuse me -- Fowler White's involvement in the production procedure, correct? A No. THE WITNESS: Sorry. MR. IANNO: Object to the form of the question. I was going to instruct you not to answer, but okay. MR. SCAROLA: I'm not sure -- have you -- MR. IANNO: But he answered it. BY MR. SCAROLA: Q I haven't heard the answer. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803681

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A The answer was no. Q So it is Fowler White's position in this deposition that Fowler White was unaware, as of the time that it came into possession of the discs delivered in response to the subpoena that had been issued at Fowler White's request, that Fowler White had an obligation to protect against any access to privileged or potentially privileged information on that disc; is that correct? MR. IANNO: Object to the form of the question. Go ahead and answer that question. THE WITNESS: First of all, that's different than the prior question. BY MR. SCAROLA: Q That's the one I am asking right now. A And my response is, we had obligations under an order as to what we were to do, and I believe we complied with that order. Q Did you understand that what you were to do included implementing procedures that would guard against access by any adverse party to privileged information or potentially privileged information contained on the discs that were to be delivered to Fowler White? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803682

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. IANNO: Object to form of the question. THE WITNESS: I think what you're stating is beyond what the obligations under the order were. BY MR. SCAROLA: Q Could you answer my question, please? MR. IANNO: He did. THE WITNESS: I did. BY MR. SCAROLA: Q Is the answer then, no, you didn't believe you had that obligation? A No. My answer is, we had obligations under a court order. I believe what you had stated is beyond what the court order says. Q In what respect? A In that I believe we had obligations while we were in possession of the disc to handle the disc properly; to return the documents and the disc; to make sure there were no copies made while it was in our possession or disseminated to anyone while it was in possession at that time. Q Did you understand that Fowler White was prohibited from retaining any information that was contained on those discs? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803683

53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. IANNO: Object to the form of the question. THE WITNESS: At that time, yes. BY MR. SCAROLA: Q Is it your understanding that that prohibition ended at some point in time? A There were times, I believe, in the future when, in fact, copies of some of that disc were produced to us. Q Let's identify each of those. When did Fowler White come into possession, subsequent to December of 2010, of any information that originated on the discs? MR. LINK: Object to form of the question. You can answer if you know. THE WITNESS: I don't know the dates. Further, we have never reviewed the contents of the disc, so we are assuming that they were of the disc. We were informed that -- I believe I have seen in emails as to the irrelevant emails and attorneys'-eyes-only documents. I believe those were part of the original disc delivered. BY MR. SCAROLA: Q So there came a point in time, subsequent to Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803684

54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Fowler White receiving the discs, that Fowler White received documents which it was informed had originated on the discs that were irrelevant; is that correct? A That's my understanding. Q There came a point in time when Fowler White received documents which it understood to have originated on the discs that were being produced for attorneys' eyes only; is that correct? A That is my understanding. Q What is Fowler White's understanding of the specific restrictions that applied to the attorneys'- eyes-only production? MR. IANNO: Object to form of the question. I instruct you not to answer. It's outside the scope of this deposition pursuant to Judge Ray's order. THE WITNESS: Jack, let me know when is a good time that I can go to the restroom. MR. SCAROLA: You got it. THE VIDEOGRAPHER: Going off the record. The time is 11:16 a.m. (A recess was had.) THE VIDEOGRAPHER: Going back on the record. The time is 11:36 a.m. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803685

5 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q Please turn to Exhibit 6 -- B6. Have you ever seen this document before? A I don't recall having seen this before. Q Turn to Exhibit 7, please. Have you seen B7 previously? A I don't recall for sure if I have. Q Do you recall that an issue arose with regard to the cost involved in Bates stamping and printing information from the discs that were ultimately delivered to Fowler White? A Yes. Q Do you recall that Fowler White volunteered to undertake the task of printing and Bates stamping? MR. IANNO: Object to form. THE WITNESS: Yes. BY MR. SCAROLA: Q Do you recall that that was as a consequence of Jeffrey Epstein's refusal to bear the cost of printing and Bates stamping the documents? MR. IANNO: Object to form. I don't know if you want to instruct -- Well, on behalf of Epstein -- if your knowledge only came because as a result of Counsel -- because Fowler White was counsel Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803686

76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for Epstein and it was based on attorney-client communication, don't answer that. THE WITNESS: And I don't have knowledge one way or another on that. BY MR. SCAROLA: Q Turn to Composite Exhibit B8. Have you seen the email of October 25, Charles Lichtman? A I don't recall having seen this one. Q Did you have knowledge of the delivery of a CD that, for whatever reason, could not be opened and read by the Farmer Jaffe firm? A I recall seeing an issue with -- a problem with the first CD that was delivered. I don't recall what the issue was. Q Do you recall having seen the email exchange on the next page from Charles Lichtman to Gary Farmer, of November 4, 2010? A I don't recall having seen this. No. Q The next email in this composite is an email of November 9, 2010, first from Robert Carney to Luis Torres, with a copy to Lilly Ann Sanchez. Have you seen that email before? A Yes, I have. 2010, from Seth Lehrman to Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803687

57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you see the response from Luis Torres to Judge Carney on November 9, 2010? A I believe so. Q Do you know whether the deliveries that are discussed in that email exchange took place? A I don't know. Q The next page includes an exchange of email communications between Judge Carney and various individuals, including Lilly Ann Sanchez on November 9, 2010. Did you see that exchange of communications? A I don't recall specifically if I saw these. I believe so. But I don't recall for sure. Q Do you know whether the exchange of CDs discussed in that email communication took place? A I do not know. Q Have you seen the letter of November 9, 2010, that is the next document in this composite exhibit? A I do not recall having seen this before. Q Do you recall ever having seen documents marked in the way in which the disc that is photocopied on the attachment to this letter is marked? MR. IANNO: Object to form. THE WITNESS: I'm sorry. Can you repeat that? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803688

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q Do you recall ever having seen CDs marked in the way that the CDs that are photocopied as an attachment to this letter -- A No. Q -- are marked? A No. Q Have you seen exchanges of communications that are included on the next page that took place on Wednesday, November 10, 2010? A I believe so. Q Copies of these documents were within the records that you reviewed in preparation for this deposition. A I don't recall for sure. Q If they were, they would be included in the large stack of documents that you produced here. MR. LINK: Object to form. THE WITNESS: If I reviewed them in preparation for this deposition, I believe they would be there. BY MR. SCAROLA: Q Go to the next page, if you would please. Do you recall having seen the exchange of communications reflected on this page from Thursday, November 11, Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803689

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2010? A Yes. Q Does Judge Carney's account of the communication that he had with Lilly Ann Sanchez conform with what Fowler White believes to have happened as of November 10, 2010? MR. LINK: Object to form. I instruct you not to answer. MR. SCAROLA: Basis of that instruction? MR. LINK: Work product, mental impressions, attorney-client privilege, outside the scope. BY MR. SCAROLA: Q Have you previously seen the exchange of communications on the next page purporting to have occurred November 12, 2010? A To make sure we're on the same one, that's the email from Mr. Lichtman to Judge Carney and Mr. Farmer. Q There are two emails: one from Mr. Lichtman to Judge Carney, and one from Judge Carney to Gary Farmer. A Yes, I have seen this. Q Going to the next page. Have you seen that Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803690

60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exchange of communications? A Yes, I have. Q Email exchanges on November 12, 2010. A Yes, I have. Q Both the November 11 -- excuse me. Both the November 12 exchange at 7:30 a.m. and 7:57 a.m., and the exchange that took place at 8:40 a.m. and 9:24 a.m. are part of the business records of Fowler White? MR. LINK: Object to form. THE WITNESS: I believe so. BY MR. SCAROLA: Q Going to the next email that is dated and timed November 12, 2010 at 9:01 a.m., is that a document that you have seen before? A I'm not positive. Q Are you aware of strong reservations having been expressed by Gary Farmer to turning over the discs containing potentially privileged materials to Jeffrey Epstein's legal counsel. MR. IANNO: You're asking if he was aware then or based on reading this? BY MR. SCAROLA: Q Are you aware, as you sit here today, that strong reservations were expressed by Gary Farmer on behalf of his law firm and Brad Edwards to a procedure Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803691

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that involved turning over potentially privileged material to Jeffrey Epstein and his legal counsel? A I'm aware that he was questioning the proposed process, yes. Q And objected to it? A I'm not sure I read these that he objected to it. He was questioning the process and eventually agreed to it. Q He questioned the process because he was concerned about the security of potentially privileged information, correct? MR. IANNO: Object to form. THE WITNESS: I presume that's what he was thinking, because that's what seems to be written down here. BY MR. SCAROLA: Q Have you previously seen Judge Carney's response to Mr. Farmer A I have. Q -- dated November 12, 2010 at 8:40a.m.? A I have. Q And as part of the business records of Fowler White that you reviewed? MR. IANNO: Object to form. THE WITNESS: Yes. I believe so. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803692

62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q Have you previously seen the November 15, 2010, 9:16 a.m. communication from Lilly Sanchez to Charles Lichtman and Robert Carney? A I have. Q Was that also part of the business records of Fowler White that you reviewed? A Yes. I believe so. Q Did you see the exchange of communications between Judge Carney and Lilly Sanchez that are included on the next page of this composite exhibit MR. IANNO: Object to form. BY MR. SCAROLA: Q including the November 12, 2010, 9:25 a.m. communication and the November 12, 2010, 8:40 a.m. communication? MR. IANNO: Same objection. THE WITNESS: Okay, that starts on the beginning of the prior page. BY MR. SCAROLA: Q Yes, sir. That's where the date of the top email is. A I have seen these before. Q Also part of the business records of Fowler White that you reviewed in preparation for this Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803693

63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 deposition? A I believe so. Q Going to the next page. Did you review the November 16, 2010, 3:21 p.m. email from Judge Carney to various individuals including Lilly Sanchez? A I have seen this before. Q Also part of the business records of Fowler White that you reviewed in connection with this deposition? A I believe so. Q Did you -- have you seen the email exchange on the next page of this composite exhibit, including the November 23, 2010, 3:34 p.m. email; the November 23, 2010, 5:14 p.m. email; and the November 29, 2010, 4:26 p.m. email? A I don't recall specifically if I have or not. Q With regard specifically to those emails that reflect that they were directed either to Lilly Sanchez directly or by copy, do you have any reason to doubt the authenticity of those documents? A No. Q Have you previously seen Joseph Ackerman's email to Brad Edwards of November 29, 2010, at 3:30 p.m.? A I have. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803694

6 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Was that part of the business records of Fowler White that you reviewed in preparation for this deposition? A I believe so. Q Have you seen the proposed agreed order that is the next document in this composite exhibit? A I'm not positive if I have seen this. Q Have you seen preliminary drafts of the order that is now the subject of the pending contempt proceeding? A I don't recall specifically. Q The next page of this composite exhibit includes an exchange of communications on December 7, 2010, at 10:48 and 11:09 a.m. Have you seen those communications previously? A I have. Q Also the December 7, 10:20 a.m. email from Seth Lehrman to Joseph Ackerman? A I don't recall specifically if I saw that or not. Q The other two you do specifically recall are part of the business records that -- of Fowler White that you reviewed in connection with your preparation for this deposition? A Yes. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803695

65 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Have you previously seen the order of November 30, 2010, that is the next -- A Exhibit 9. Q Exhibit 9 -- B9 in this composite exhibit. A I have. Q What, if anything, do you know about the distribution of this order within Fowler White after its entry? A I know that the attorneys involved in the case were aware of the order. I don't know how or when it was distributed to them. Q Who are the lawyers that you know -- who are the Fowler White lawyers, that you know, were aware of the contents of this order? A Joe Ackerman, Lilly Ann Sanchez and Chris Knight. Q How do you know Joe Ackerman was aware? MR. IANNO: Don't disclose the contents because -- and just tell him what capacity you know that as. THE WITNESS: From my discussions with Joe. And I believe he might have been on the court distribution list. BY MR. SCAROLA: Q When did Joe Ackerman become aware of the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803696

66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contents of this order? A I don't know. Q When did Lilly Ann Sanchez become aware of the contents of this order? A I don't know the specific date. Q When did Chris Knight become aware of the contents of this order? A I don't know the specific date. Q Do you know if anyone else within Fowler White was informed of the contents of this order at any time between the entry of the order on November 30th, 2010, and January 1st, 2017? A I don't know for sure. Q Was a copy of this order among the papers included in the files that were made available to Scott Link? A I don't know. Q In the ordinary course of the business of Fowler White, would this order have been included among the documents that were made available to Mr. Link? MR. IANNO: Object to form. THE WITNESS: It would have been on a pleading clip likely, but I don't know for sure if it was. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803697

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q So the response to my question as to whether, in the ordinary course of the business of Fowler White, this order would have been included in Fowler White's file materials made available to Mr. Link, the answer to that question is yes, correct? MR. IANNO: Object to form. THE WITNESS: Ordinarily as an order would be on the pleading clip. I don't know if it was. I don't know if I can give you a better answer than that. BY MR. SCAROLA: Q When you say that ordinarily it would be on the pleading clip, what does that mean? A It means ordinarily at that time -- especially when we kept paper files -- the pleadings would be on a pleading clip. Q And describe for the benefit of the court, please, what a pleading clip is as that term is used or was used in Fowler White during this period of time? A It is folder where pleadings are kept together. Q Are they kept together and indexed? A Sometimes. Q In the ordinary course of the business of Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803698

CC) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Fowler White, are documents in the pleading clip indexed in the pleading clip? A There was no firm policy at that time. Q Regardless of whether there was a firm policy, was the general procedure of Fowler White to index documents in its pleading clips? MR. IANNO: Object to form. I'm going to instruct you not to answer. It's outside the scope of the deposition. You know, I will let you ask him about this specific case, but we are not going to get into the general procedures of Fowler White on how they file things. BY MR. SCAROLA: Q Other than making Mr. Knight, Mr. Ackerman and Ms. Sanchez aware of the provisions of this order, did Fowler White do anything else at all in order to assure that the provisions of the order of November 30, 2010, were complied with? MR. IANNO: Object to the form of the question. THE WITNESS: It is my understanding, yes. BY MR. SCAROLA: Q What? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803699

69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A We made sure that in the Bates-stamping process the files that would have been derived as part of the process were deleted immediately. The copying process did not result in images being made for preservation in our system. The documents were sent immediately upon conclusion to Farmer Jaffe. The discs were returned to Judge Carney. Q Did anyone inform David Tobin of the prohibitions included within the November 30, 2010 order? A I believe so. Q Who? A Lilly Ann Sanchez. Q What is the basis of that belief? A My discussions with Lilly Ann. Q She told you, I told David Tobin about the provisions of this court order? MR. IANNO: That's attorney-client privilege. Remember, Mr. Hurley is general counsel for the firm. He can tell you as corporate rep what his knowledge is based on, but the substance of those communications are going to be privileged. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803700

70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q Did David Tobin tell you that he knew about the restrictions included within this order? MR. IANNO: Same objection. Instruct you not to answer. BY MR. SCAROLA: Q Did anyone inform support personnel within Fowler White of the provisions of the November 30, 2010 order, other than Mr. Tobin? A Again, I believe so. Q Who? A I don't know who specifically would have told them. But my information -- sorry. Q Which support personnel were informed? A I do not know. Q What were they told? MR. IANNO: Object to form. Instruct you not to answer. MR. SCAROLA: Let's take a couple minutes, please. THE VIDEOGRAPHER: Going off the record. The time is 12:04 p.m. (A recess was had.) THE VIDEOGRAPHER: Going back on the record. The time is 12:12 p.m. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803701

71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SCAROLA: I have no further questions at this time, subject to overruling of all the unfounded objections you have raised. MR. IANNO: Or sustaining them. MR. SCAROLA: Or sustaining them, as the case may be. MR. IANNO: There you have it. Good enough. MR. LINK: I sustain them right now. CROSS-EXAMINATION BY MR. EDWARDS: Q Mr. Hurley, are you aware that Link & Rockenbach have represented that that firm received a disc with the handwriting "Epstein Bate Stamp" and the disc contained over 27,000 Bates-stamped documents received from Fowler White? MR. IANNO: Pages. Not documents. Pages. MR. EDWARDS: Pages. THE WITNESS: A lot of parts to that question. The answer is, I am aware that they have said that they received a disc with the number of documents on there. I don't recall if we talked about the rest of Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803702

72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the parts of your question, as far as how the disc was titled or framed or written on. BY MR. EDWARDS: Q My understanding from your testimony today is you have not personally reviewed the disc. A I have never seen the disc. Q And so personal knowledge, you're not sure what's on the disc or what's not on the disc? A That is correct. Q But based on the representation that has been made, that this is a disc that was within a box that was delivered to Link & Rockenbach from Fowler White, do you have any reason to believe that that statement is not accurate? A I don't have a reason to believe that Mr. Link is not being truthful. Q So as you sit here, you believe the disc that we're talking about is a disc that was actually in a Fowler White box, and a copy was delivered, along with boxes of Epstein material, to Link & Rockenbach? A That's the assumption I have. Q And based on all the information that you have to this point, you have no reason to dispute that assumption? A That is correct. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803703

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Just based on what I have heard today, it's your understanding, after having reviewed all of the materials that were available to you and speaking with the people who you thought were important people to speak with in your investigation of determining where the disc came from and whether or not it originated from Fowler White, do you believe that you have talked with everybody who could provide you any of that information? MR. IANNO: Object to form. THE WITNESS: Yes. MR. IANNO: Object to the form of the question. MR. LINK: I sustain that objection, by the way. BY MR. EDWARDS: Q It was a poor question, but you know what I'm saying. Have you talked -- are there any witnesses -- after we have had discussions today, are there any other people that you think have information that could help us with the chain of custody of that particular CD? MR. IANNO: Object to form. Answer if you know. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803704

74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Not that I can think of. BY MR. EDWARDS: Q Are there any additional documents, business records of Fowler White -- documents that you have not yet reviewed but would like to review to help solidify any conclusions that you have reached? A No. Q So it's my understanding from your testimony tell me if anything about this is inaccurate -- that two CDs were FedExed from Special Master Carney to Lilly Ann Sanchez. Is that correct? A That's incorrect. Q Okay. A Two CDs were picked up from Judge Carney on the December 7 by our Palm Beach office and FedExed by our Palm Beach office to the Miami office. Q Those two CDs that were picked up on December 7th and delivered to the Miami Fowler White office on December 8th, do you know if those CDs had any type of markings on them at all? A I have never -- I did not see the CDs, and before being shown exhibits today, have never seen any photocopies of the CDs or had them described to me. Q Are you aware of any photocopies of the CDs having been made by Fowler White? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803705

75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A As far as the photocopy of the physical CD? Q Right. So that you would know what the cover looked like. A Not that I recall after seeing them. Q Were there any materials such as time records that were or are available to you that would help make a determination what the CDs -- the cover of the CDs looked like when they arrived December 8th, 2010, to Fowler White? A No. Q The people that you spoke with -- Lilly Ann Sanchez, Joe Ackerman, Chris Knight and your IT -- David Tobin -- A Correct. Q -- did you discuss with them what the CDs looked like when they arrive to Fowler White on December 8, 2010? MR. IANNO: You can answer whether you discussed it, but not the substance. THE WITNESS: No. BY MR. EDWARDS: Q Do you know what -- do you know which computer within Fowler White was used to insert the CDs that were received on December 8th that ultimately led to the printing process? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803706

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And have you reviewed the hard drive of that computer to see if there were any images or copies of the CD or the documents thereon left on that computer? A I have not personally reviewed it. That computer is no longer in use at Fowler White. Q Do you know where that computer is? A It was discarded when we changed our computer hardware. Q Is there a central hard drive to the firm where copies of things that are saved on a particular computer system are also saved to a backup? A It depends on how they are saved. If they're saved to the actual hard drive, the CPU or personal directory, the answer is no. Q The process that you understand took place on December 8th is the CD is placed into a computer, the computer system is used to Bates stamp or Bates number all of the documents on that CD and then it's printed? MR. IANNO: Object to form of the question. THE WITNESS: Generally correct, a little bit more than that. BY MR. EDWARDS: Q Okay. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803707

77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A They are put onto -- in this particular case, would have been using Mr. Tobin's desktop computer. You apply the program, which I believe is XL Acrobat Pro or one of the Acrobat programs to do the Bates stamp, using a temporary folder on his desktop. That is then burned onto a CD with the Bates stamps. What I don't know is if the print order is sent from the desktop or is used from the CD that was burned. Q So I just want to understand the burning process. So it comes in as two CDs. A Correct. Q Presumably one CD has some of these 27,500 documents and some of the other CD has the remainder of these 27,500 documents, right? A I have no idea. We received two CDs, I believe, then they were put onto a CD. Q To your knowledge, between the two CDs was over 27,000 documents? A My understanding. Q Only one CD can go in at a time; is that right? A Correct. Q So the CD is going to be inserted into the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803708

78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 computer. And is it your understanding, then, that CD is first uploaded to the temporary folder in Mr. Tobin's computer? A Yes. Q That CD is then ejected. Second CD is put in. And that second CD, the contents thereof, are uploaded to the temporary folder on Mr. Tobin's computer. A That is correct. Q Then a new CD -- a clean CD -- is put in, and the contents from the temporary folder that are comprised of whatever was uploaded from CD one and whatever was uploaded from CD two are combined and put onto this fresh CD. MR. IANNO: Object to the form of the question. THE WITNESS: Once the Bates stamps are applied, that is put onto the new CD. BY MR. EDWARDS: Q So the new CD would be CD one plus CD two, plus Bates numbers. That would be the contents of the new CD. MR. IANNO: Object to form. THE WITNESS: That would be my presumption. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803709

79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. EDWARDS: Q The original two CDs that arrived, those are CDs that Fowler White then sends back to Judge Carney, correct? MR. IANNO: Object to form. THE WITNESS: I believe they were returned to Judge Carney. BY MR. EDWARDS: Q Do you know how they were returned to Judge Carney? A There's a Federal Express label to Judge Carney, I believe, by Federal Express. Q Do you know what date that the two CDs were Federal Expressed to Judge Carney? A I saw a Federal Express label from December 28th. Q The single CD that has now the 27,000 plus documents Bates numbered, was that CD also sent to Judge Carney? A I believe so. Q What information are you relying on to -- for your belief that a total of three CDs relating to this copy job were sent back to Judge Carney? A We have an email indicating that CDs are being sent to Judge Carney. I have, I believe, seen Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803710

80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 emails which indicate to me that Judge Carney had a disc with Bates-stamped documents on them that were being utilized for months afterwards, to a certain extent. Nobody ever raised an objection that they didn't have the CDs. Q Because the original two CDs that came in, they had no Bates stamp on them. A Correct. Q So even after this process where the contents from those two CDs are uploaded to this temporary folder, that's not going to change the composition of those first two CDs. A They were not changeable. Q So the new CD would be the only CD that would have the Bates-stamped numbers on them? A That's my understanding. Q Was there any additional copy at that time in 2010 of the single CD that had the Bates-stamped copies on them? A I'm not aware of other CDs being made with Bates-stamp numbers. Q So to the best of your knowledge, at that point in time, December of 2010, Fowler White has taken in two CDs, upload them to a temporary file, placed on a new CD the contents of both of those -- the contents Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803711

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of both of those CDs, this time with Bates numbers on it, and all three CDs were sent to Judge Carney. A That's my understanding. Q There was one copy of hard copy documents derived from the new CD that would be hard copies of all of the contents of the new CD, which would include the Bates-stamped numbers on it. A That's my understanding. Q Those documents, then, if I understand your testimony, were FedExed out December 10th to be delivered to Farmer Jaffe December 13th. A I don't know the delivery date. They were FedExed December 10th. Q And what was sent to Farmer Jaffe was the hard copy documents only. A That is what appears to be reflected in the email I reviewed. Q And from those 27,000-plus documents, it's your understanding that, eventually, one batch of documents was produced to Fowler White labeled something along the lines of irrelevant? MR. IANNO: Object to form. You can answer if you know. THE WITNESS: I'm not sure. I'm not sure. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803712

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. EDWARDS: Q I thought I understood -- A I believe so. I'm not positive. Q Your understanding is there was a second batch that was delivered and it was labeled or titled attorneys' eyes only. MR. IANNO: Same objection. THE WITNESS: Again, I believe that we received documents that were labeled attorneys' eyes only. The how and when they were delivered to Fowler White, I do not know, or if they were even delivered separately from the irrelevant documents. BY MR. EDWARDS: Q Okay. I wasn't try to imply by my question that they were delivered separately. Just that -- of the documents that were delivered, there was a batch -- could have been delivered on the same day -- but there was a batch that was labeled irrelevant. There was another batch labeled attorneys' eyes only. A There was a batch which I understood was irrelevant. There was a batch I understand were attorneys' eyes only. Q And the attorneys'-eyes-only batch is a batch that Roy Black contacted Fowler White, as he wanted to Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803713

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 view that particular set of documents. MR. IANNO: Object to form of the question. THE WITNESS: I believe there was a request from Roy Black to have seen the attorneys'-eyes-only documents. BY MR. EDWARDS: Q Did you produce was there correspondence, emails or otherwise from Roy Black or Roy Black's office to that effect? A I don't recall if there was an email from Mr. Black's office. Q Have you produced emails or correspondence from Mr. Black about the viewing of the attorneys'- eyes-only documents? MR. IANNO: Object to form. THE WITNESS: I don't believe so. BY MR. EDWARDS: Q In preparation for your deposition, do you remember viewing these -- any correspondence that would have allowed for your testimony today about the fact that Roy Black contacted Fowler White to view those documents? MR. IANNO: Object to the form of the question. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803714

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: My preparation review for today's depo was restricted to the issues which I considered was the scope of my deposition, which was the handling of the disc and the privileged documents on the disc. In my review of the file, I recall seeing that exchange pertaining to the attorneys' eyes only. The only reason it was relevant to me and why I recall it is because of the care that was being expressed about making sure a restriction that -- whatever exposure there was to those documents was a very limited exposure and would never work their way back to Mr. Epstein. BY MR. EDWARDS: Q It was relevant to you because the care the attorneys at Fowler White took to protect the attorneys'-eyes-only documents, you would expect to be the same type or greater care to the universe of documents that was delivered and placed on a CD and printed and sent to Farmer Jaffe. MR. IANNO: Object to form. THE WITNESS: I believe we would be Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803715

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 equally cautious as to all of those types of documents. BY MR. EDWARDS: Q Retaining a CD with all of the documents that came in that day, Bates-numbering -- Bates-numbered documents that came in that day would be inconsistent with the type of care that you saw in your review of how the attorneys'-eyes-only documents were treated by the attorneys that were handling the case? MR. IANNO: Object to form. THE WITNESS: An intentional keeping of a disc or make of an extra disc at that time -- first of all, I have seen nothing in the file at all -- any indication of that. And it would not be what we would have done or should have done. BY MR. EDWARDS: Q And you would agree there's no way to accidentally make another copy of the disc, right? MR. IANNO: Object to the form. THE WITNESS: You know, I would not think so. BY MR. EDWARDS: Q At some point in time in early 2018 -- I think it's January -- Mr. Link and, I think, Tina from Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803716

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 his office came to Fowler White to review boxes of Epstein's material. A That is correct. Q While there, flagged certain documents or items that they wanted copies of. A That is correct. Q Were you watching over that review and flagging process? A I was not. Q Was anybody from Fowler White watching over that review and flagging process? A We were not in the room with them. Q Prior to anyone from Mr. Link's office arriving, did someone from Fowler White inventory the boxes that were being reviewed by Mr. Link? A We had an inventory from the closed file process. Q When did the closed file process occur? A 2014 or early 2015. Q How detailed is the inventory from the 2014 closed file process? A It contains box numbers. It contains labels of folders within the box. Q Within that inventory, was there an indication of a CD labeled "Epstein Bate Stamp"? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803717

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A The inventory did not state that, no. Q Is there anything from your review of the inventory that would indicate that there was a CD containing Epstein Bates stamped documents? A Nothing mentioning any CD with Epstein Bates stamped documents. Q Was there anything mentioning the retention of any Epstein Bates stamped documents? MR. IANNO: Object to form. THE WITNESS: I don't recall if there was any reference to Bates-stamped documents whatsoever in there. I don't recall. BY MR. EDWARDS: Q From your review of the inventory -- is it inventory list? A It's inventory. Q From your review of the inventory, is there an indication that, at that point in time when the file was closed in 2014, Fowler White had in its possession the CD that is -- that's now contained -- the handwriting that says "Epstein Bate Stamp"? MR. IANNO: Object to form. THE WITNESS: There is nothing in the inventory that mentions that CD. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803718

oc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. EDWARDS: Q There was -- was there any reference to any disc on that inventory? A Yes. Q How many discs were referenced? A I covered this with Mr. Scarola. I never counted it up. Q Were there specific notations about the various discs that were referenced in the inventory to give you some idea of what might be on those discs? A Sometimes. Q What were some of those things that would have been on the disc? A Depositions -- MR. IANNO: Don't give anything that would give away work product or anything like that. BY MR. EDWARDS: Q Was there any description of any of the discs that was in this inventory that would now lead you to believe that what was on those discs were these "Epstein Bate Stamp" documents? A No. Q Is there anything on that inventory that tells you, as you sit here, that in 2014, Fowler White Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803719

89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 had in its possession the CD? MR. IANNO: Object to form. THE WITNESS: Nothing that specifically mentions the CD. BY MR. EDWARDS: Q Is there anything that mentions anything that would tell you that Fowler White had in its possession that CD or the documents that were on that CD. MR. IANNO: Object to form. THE WITNESS: Nothing that mentions the CD or the documents. BY MR. EDWARDS: Q I thought I understood from your previous testimony that you believe, on behalf of Fowler White, that the CD in question was received sometime later after 2010 -- A Correct. Q -- by Fowler White. A Correct. Q What is it that makes you believe that that CD was received back by Fowler White sometime later? MR. IANNO: Objection. Asked and answered. THE WITNESS: Yeah. A number of different factors taken together. First, Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803720

90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the file folder that I have been advised the CD was located in, the writing on the folder was not recognized by anybody in our group. The language used doesn't seem to be the same as what I have been told now is on the disc. The folder itself was not the type of folder we used. Looking at the file itself, there is what appears to be a chain of custody showing return of the disc to Judge Carney. There then is a complete absence of any mention of the disc or the privilege documents themselves as opposed to the privilege log dispute from that point forward, until we get to the first week of March 2018. So there's nothing to indicate that we would have retained a disc or looked at a disc. And the file in which the disc itself was in was not the type of file that we would have expected to have seen. BY MR. EDWARDS: Q Is there anything on the inventory that leads you to believe that the CD that we are talking about that says "Epstein Bate Stamp" was not in the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803721

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 possession of Fowler White in 2014? A You can't tell from the inventory itself, no. Q We talked about the file folder. One of the things that you mentioned is the type of folder is not the type of folder that Fowler White typically had. That's one of the things that tells you this is something that arrived at Fowler White after 2010. A That was a piece of all the information I received, yes. Q The handwriting on the file folder was not handwriting that was recognized -- recognizable by any of the attorneys that were working on the case back then. A That is correct. Q Is the handwriting that was on the file folder consistent with the handwriting that was on the disc that says "Epstein Bate Stamp"? MR. IANNO: Object to form. THE WITNESS: I never saw the disc before today, so I don't know. MR. LINK: Did you see the disc today? THE WITNESS: I saw pictures of a disc here if that's what we're talking about. Are you talking about the disc supposedly that was contained in the file? I have Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803722

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 never seen that disc at all. MR. LINK: Just for the record, that disc has been sealed. It's not been made available. MR. EDWARDS: I thought that there was a photocopy of that disc. MR. IANNO: No. MR. EDWARDS: Cover of that disc -- there hasn't been. MR. IANNO: He hasn't seen it then and he hasn't seen it today. MR. LINK: It's sealed. BY MR. EDWARDS: Q How did you get the copy of file folder and the, I guess, alleged contents of the file folder in which this disc was kept? MR. IANNO: Object to form. He never said he got the contents of the file folder. THE WITNESS: I received -- MR. IANNO: You can tell him how you got it, but that's as far as you can go. THE WITNESS: I don't recall if it was directly from Mr. Link or whether it was Mr. Link to our attorneys to me. I received a picture or a photocopy of the folder Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803723

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cover. BY MR. EDWARDS: Q I misunderstood your prior testimony. I apologize. Is it your understanding that there was just a file folder and the only thing that was inside that file folder was the CD? MR. IANNO: Object to form. THE WITNESS: It's my understanding that there was a file folder. I have been told that within that file folder there was a CD. I have not been told about anything else within that file folder. BY MR. EDWARDS: Q Is it your understanding that the only person that was sent a CD with these documents Bates numbered on them was Special Master Carney? A I have not seen any document indicating anybody else got a Bates stamped CD. Q Which is what leads you to believe that if this was a CD received from some outside source after 2010 to Fowler White, then it likely came from Special Master Carney. MR. IANNO: Object to form. THE WITNESS: Part of, again, the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803724

94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 overall bit of information, but it's one of the factors, yes. BY MR. EDWARDS: Q What are the other factors? A What I talked about. It has his name on it. We don't know who else it went to or would have seen it. There's nothing in our file to indicate that there was any other copy made for anybody else. There is no mention of either the disc or the contents of the disc in eight years. So it's -- that all leads together it came back from somebody, I believe. And the only person I could conclude, which is my speculation, was Judge Carney. Q Because he's the only person that you knew to have had a copy of that disc? A I have no idea what happened to the content of the disc once it left our possession. Q Do you know whether it arrived back to Fowler White in 2011 or whether it arrived back in 2017? A I do not know. I do not know. Q You only know that it arrived back to Fowler White sometime after it left Fowler White, which is December of 2010, and it was and the latest it could have arrived back is sometime before January 2018. MR. IANNO: Object to form. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803725

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Assuming all of the information I have is truthful information, the answer is yes. BY MR. EDWARDS: Q Is there anything else that helps you pare down when that disc might have been received back by Fowler White? A If the information I received is true, I do know that the folder was in the Fowler White file as of 2011. Q How do you know that? A It's on the disc. Q That's on the inventory? A Yes. There's nothing that describes the contents of the folder on the inventory, just the title of the folder. Q So by the title, you know that it's -- by the title you believe that it's the same folder? A The title is similar to the photocopy of the cover that I was provided. Q Who created that inventory? A Chris Hewitt. Q And he's the one who would have created that entry into the inventory? A Yes. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803726

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you speak with Chris Hewitt about when the file folder might have come into the possession of Fowler White? A I asked him that. Q And? MR. IANNO: You can tell him the results of your investigation. I just don't want there to be a waiver of privilege. You can tell him information that's known to the corporation for the purpose of this deposition, but not privileged communication. THE WITNESS: He has no recollection of that. BY MR. EDWARDS: Q Do you know whether the file folder was delivered to Fowler White by mail, hand delivery or what form? A Do not know. Q Is there a process of inventorying information as its received by Fowler White such as this? A No. Q Do you know who would have handled the file Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803727

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on behalf of Fowler White whenever it was received? A No. Q Do you know if it was received while Fowler White was still active counsel for Jeffrey Epstein? A I believe not, but I do not know for sure. Q What makes you believe that Fowler White was no longer active counsel for Jeffrey Epstein when Fowler White received the file? A There's no reference to a file or a disc in any document that I reviewed. Q After Fowler White discontinued representing Jeffrey Epstein, that was sometime in 2012, right? A We withdrew in May of 2012, I believe. Q What happened to the file folder that the bad question. What happened to the boxes of Epstein material at that time? A The file was maintained in our office until 2014, beginning of 2015, when it was sent to our off-site storage facility, which I believe was Iron Mountain. Q And at that point in time, the file that we were talking that allegedly contained this CD in 2015 was in Fowler White's possession? A The folder was shown on the inventory, yes. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803728

98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And was the first time that a full inventory was performed in 2014? A It would have been when we began the closing process. It's my understanding that was in late 2014. Q Do you know if this particular entry into the inventory was done in late 2014 or 2015? A We cannot determine that. Q You tried to determine that? A Yes. Q Was there any communication that you found from Special Master Carney or anyone else about the delivery of the file folder to Fowler White? A No. Q Did Lilly Ann Sanchez -- strike that. Did your investigation reveal that anyone at Fowler White reviewed the file folder when it came into Fowler White? A No. Q In 2018 when Mr. Link goes down to Fowler White and flags certain items, including this CD, what was the process for copying that CD for Mr. Link? A A copy of the CD was just burned from that CD. Q After that particular CD was flagged, was there an attorney for Fowler White that reviewed the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803729

99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 documents that were flagged before copies were made? A No. Q Was it the same IT person, David Tobin, who performed this copying? A I don't know. Q Is David Tobin still here? A Yes. Q What was the process for burning the CD in 2018? A I don't know how the CDs were burned from the other CDs. I just know that there was nothing retained from the CDs in our system, because I have checked. Q So whatever the process was, it did not leave any residue on the part -- on the Fowler White hard drive? A That is correct. Q But the result was that a copy of the CD was provided to Mr. Link and a copy of the CD was retained by Fowler White in 2018? MR. IANNO: Object to form. THE WITNESS: As of the delivery of the copies to Mr. Link's firm, that is correct. BY MR. EDWARDS: Q Was there a time when the copy that was retained by Fowler White was also turned over to Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803730

100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Link? A Yes. Q When was that? A That was the first week -- beginning of March 2011. Q So how long did Fowler White retain a copy of the CD before -- strike that. When -- after Mr. Link tagged -- flagged the CD for copy and Fowler White made a copy, between that point in time, how long was it that Fowler White retained a copy of that CD before turning the second CD over to Mr. Link? A The copy -- MR. IANNO: Object to form. Between what point in time? BY MR. EDWARDS: Q Between the time that the CD was copied by Fowler White and the time that it was turned over to Mr. Link, what period of time was that? A The copy of the CD was given to Mr. Link's firm, I believe, the 1st of February with the other documents. The file was sent back to our archives on January 27th. It was then retrieved on February 27th -- it might have been January 29th it Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00803731