Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18:2008 Page 1 of 11

Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18:2008 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80804-CIV-MARRA/JOHNSON JANE DOE, a/k/a, JANE DOE NO. I, Plaintiff, VS. JEFFREY EPSTEIN and Defendants. MOTION TO REMAND Plaintiff Jane Doe moves the Court to remand this action to state court for lack of subject matter jurisdiction and states as follows: I. Although Plaintiff Jane Doe, a Florida citizen, sues , also a Florida citizen, in this action, Defendants removed the case to federal court on July 21, 2008, citing diversity of citizenship as the basis for federal subject matter jurisdiction. 2. Defendants claim that , who has described herself as Heidi Fleiss (the Hollywood madam),' has "nothing to do with the plaintiff's case against Mr. I See New York Post, Oct. 1, 2007 (reporting "Some of the girls, legal documents indicate, were recruited by I now 21, who described herself as `like Heidi Fleiss,' the notorious Hollywoodo madam."); Palm Beach Post, Aug. 14, 2006 (reporting that Defendant's told detectives, 'I'm like a Heidi Fleiss.'"). EFTA00234424 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18:2008 Page 2 of 11 Epstein," (Notice of Removal, DE 1, p. 3) and that Plaintiff fraudulently joined her in this action to prevent complete diversity. 2 3. As demonstrated in Plaintiffs amended complaint, however, Defendant was a vital part of the scheme to lure underage girls, including Plaintiff, to Epstein's home in order to subject them to sexual abuse and induce them to engage in lewd behavior. Defendant was a key player in this scheme because she was paid by Epstein to recruit the underage girls and take them to Epstein's Palm Beach mansion. (Amended Complaint ¶11 11-15, DE 1, pp. 302- 04). Without Defendant =, these girls, including Plaintiff, would not have been victimized. 4. Because the allegations in Plaintiffs amended complaint support the causes of action against Defendant for civil conspiracy, intentional infliction of emotional distress, and civil RICO, is a proper defendant in this action. 5. As is admittedly a citizen of Florida, (Affidavit of DE 1, pp. 230-31) as is Plaintiff Jane Doe,3 (Amended Complaint 1 1, DE 1, pp. 301; Deposition of Jane Doe, DE I, pp. 31-32, 5:14-18, 6:6-10) federal diversity jurisdiction does not exist in this case. See 28 U.S.C. §1332(a)(1) (providing that Defendants also argue that Plaintiff named as a defendant to prevent entry of a stay in this matter pursuant to 18 U.S.C. § 3509(k). The Court has since denied Defendants' motion, holding a stay of this proceeding is not warranted under either the statute or the Court's discretion. (Order Denying Motion to Stay, DE 7). Although Jane Does testified in deposition that she is a citizen of Florida, Defendants question whether she might actually be a citizen of Georgia because her mother lives in Georgia. (Notice of Removal, DE I, pp. 7-8, n.6). Defendants fail to point out, however, that there is a question of whether Defendant Epstein is actually a citizen of Florida because he is now incarcerated in a Florida jail under an eighteen month sentence, to be followed by twelve months of community control, during which Epstein agreed he will be residing in Palm Beach, Florida. (Epstein Sentence, attached). 2 EFTA00234425 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08218:2008 Page 3 of 11 district courts have original jurisdiction over cases in which the matter in controversy exceeds $75,000 and is between "citizens of different States"). 6. Defendants' removal of this action was, therefore, improper. Because the Court lacks diversity jurisdiction, or any other form of subject matter jurisdiction, over this matter, the Court must remand this action to Florida state court. WHEREFORE, Plaintiff requests the Court remand this action to state court and requests Defendants be ordered under 28 U.S.C. §1447(c) to pay costs and attorney fees incurred as a result of the removal. MEMORANDUM OF LEGAL AUTHORITY "An action in state court may be removed to federal court when the federal courts have diversity or federal question jurisdiction. See 28 U.S.C. § 1441(a). When a defendant removes a case to federal court on diversity grounds, a court must remand the matter back to state court if any of the properly joined parties in interest are citizens of the state in which the suit was filed. See Lincoln Prop. Co.' Roche, 546 U.S. 81, 126 S.Ct. 606, 613, 163 L.Ed.2d 415 (2005) (citing 28 U.S.C. § 1441(b)). Such a remand is the necessary corollary of a federal district court's diversity jurisdiction, which requires complete diversity of citizenship." Henderson'. Washington Nat. Ins. Co., 454 F.3d 1278, 1281 (11th Cir. 2006). Federal Courts are obligated to construe removal statutes very strictly, and "all doubts about jurisdiction should be resolved in favor of remand to state court." Univ. of South Alabama I American Tobacco Co., 168 F.3d 405, 411 (11th Cir. 1999) (citing Bums. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir. 1994), and Coker. Amoco Oil 3 EFTA00234426 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18:2008 Page 4 of 11 Co., 709 F.2d 1433 (11th Cir. 1983)). "A presumption in favor of remand is necessary because if a federal court reaches the merits of a pending motion in a removed case where subject matter jurisdiction may be lacking it deprives a state court of its right under the Constitution to resolve controversies in its own courts." American Tobacco Co., 168 F.3d at 411. Defendants have removed this action even though Plaintiff named a citizen of Florida, as a defendant because they claim Plaintiff's joinder of Defendant was done fraudulently in order to avoid federal jurisdiction. "In a removal case alleging fraudulent joinder, the removing party has the burden of proving that either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has fraudulently pled jurisdictional facts to bring the resident defendant into state court." Crowe' Coleman, 113 F.3d 1536, 1538 (11th Cir. 1989) (citing Cabalcetal Standard Fruit Co., 883 F.2d 1553, 1561 (11th Cir. 1989)). "The burden of the removing party is a `heavy one."' Id. (quoting B., Inc.. Miller Brewing Co., 663 F.2d 545, 549 (5th Cir. Unit A 1981)). "To determine whether the case should be remanded, the district court must evaluate the factual allegations in the light most favorable to the plaintiff and must resolve any uncertainties about state substantive law in favor of the plaintiff." Id. (citing B., Inc., 663 F.2d at 549). The Court may not "weigh the merits of a plaintiffs claim beyond determining whether it is an arguable one under state law." Id. "If there is even a possibility that a state court would find that the complaint states a cause of action against any one of the resident defendants, the federal court must find that joinder was proper and remand the case to state court." Id. (quoting Coker.. Amoco Oil Co., 709 4 EFTA00234427 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08 18 2008 Page 5 of 11 F.2d 1433, 1440-41 (11th Cir. 1983)). This protects a plaintiff's right to select the forum of his lawsuit and the manner in which to prosecute the suit, and avoids exposing the plaintiff to the possibility of prosecuting the suit to conclusion only to learn the federal court lacked jurisdiction on removal. Id. (citing Parks, The New York Times Co., 308 F.2d 474, 478 (5th Cir.1962); Cowart Iron Works, Inc.. Phillips Constr. Co., Inc., 507 F.Supp. 740, 744 (S.D. Ga. 1981)). Here, Defendants argue that removal is proper because Plaintiff cannot state a cause of action against Defendant under Florida law. Viewing the allegations of the amended complaint in the light most favorable to Plaintiff, it is clear that there is at least a possibility that Plaintiff can recover against Defendant under Florida law for each of the counts in the amended complaint —civil conspiracy, intentional infliction of emotional distress, and civil RICO. Joinder of Defendant in this action was therefore proper, which requires remand of this action to Florida state court. a. Plaintiff has a ognizable cause of action for civil conspiracy against Defendant "The elements of a civil conspiracy are: (a) a conspiracy between two or more parties, (b) to do an unlawful act or to do a lawful act by unlawful means, (c) the doing of some overt act in pursuance of the conspiracy, and (d) damage to plaintiff as a result of the acts performed pursuant to the conspiracy." Walters'. Blankenship, 931 So. 2d 137, 140 (Fla. 5th DCA 2006) (citing Florida Fern Growers Ass'n, Inc.' Concerned Citizens of Putnam County, 616 So. 2d 562 (Fla. 5th DCA 1993)). As Defendants point out, there muse be an "actionable underlying tort or wrong" for an actionable conspiracy claim. Wright, Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984). 5 EFTA00234428 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18.2008 Page 6 of 11 Plaintiff has grounded her conspiracy claim on the tort of sexual assault alleged in Count I of her amended complaint. In this count, Plaintiff alleges that Defendant Epstein tortiously assaulted her and states that the assault was committed in violation of Chapter 800 of the Florida Statutes. (Amended Complaint ill 17-18, DE 1, pp. 304-05). Under Florida law, sexual assault is an intentional tort. See Doe. Celebrity Cruises, Inc., 394 F.3d 891, 917 (11th Cir. 2004) ("Florida law equates sexual battery with an intentional tort."). This is true regardless of whether Defendant Epstein's violation of Chapter 800 of the Florida Statutes also creates a private right of action, which is a matter of first impression in Florida. Thus, Plaintiff has a cognizable cause of action for civil conspiracy against Defendant b. Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant "The elements of the tort of intentional infliction of emotional distress are: (1) The wrongdoer's conduct was intentional or reckless, that is, he intended his behavior when he knew or should have known that emotional distress would likely result; (2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community; (3) the conduct caused emotion[al] distress; and (4) the emotional distress was severe." Gallogly Rodriguez, 970 So. 2d 470, 471 (Fla. 2d DCA 2007) (citing LeGrande. Emmanuel, 889 So. 2d 991, 994-95 (Fla. 3d DCA 2004)). Here, Plaintiff has alleged that Defendant used false pretenses to lure her (a 14-year old girl) to the mansion of Defendant Epstein and physically took her to Epstein so that he could subject her to sexual abuse and lewd behavior. Defendant 6 EFTA00234429 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08;18.2008 Page 7 of 11 recruited Plaintiff, as she had done numerous others, under the belief that Plaintiff was economically disadvantaged and would be unlikely to contact authorities after being sexually assaulted and abused by Defendant Epstein. Defendant was paid by Defendant Epstein only after the sexual assault and abuse were completed. And, Defendant knew that Plaintiff would be severely emotionally traumatized after the abuse. (Amended Complaint ill 9, 11, 15, 24-28, DE I, pp. 302-03, 304, 306). These allegations are enough to demonstrate Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant because they amount to conduct that would be viewed as outrageous by any reasonable person. Defendants argue that Plaintiff is barred from recovering for intentional infliction of emotional distress under Florida law because she went to Defendant Epstein's home with the intent to give him a massage for monetary compensation when it is a crime (a misdemeanor), under section 480.047, Florida Statutes, to practice massage without a license. They claim Plaintiff cannot "recover damages flowing from her own illegal conduct." (Notice of Removal, DE 1, p. 16). First, Plaintiff's damages do not flow from her conduct in giving Defendant Epstein a massage without a license. Defendants Epstein, and engaged in a scheme to lure underage girls to Epstein's mansion in order for Epstein to sexually abuse them. Plaintiff's damages resulting from Defendants making her a victim to their intentional, outrageous, and criminal conduct in no way flow from her decision as a 14- year old girl to make some extra money by giving a massage. Furthermore, it is not a universal rule in Florida that any Plaintiff engaged in any criminal action, no matter how trivial, is barred from recovering damages suffered in 7 EFTA00234430 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08/18/2008 Page 8 of 11 connection with that conduct. "The defense of in par/ delicto is not woodenly applied in every case where illegality appears somewhere in the transaction; since the principle is founded on public policy, it may give way to a supervening public policy." KuHal E.F. Hutton & Co., Inc., 426 So. 2d 1055, 1057 n. 1 (Fla. 3d DCA 1983). 'The fundamental purpose of the rule must always be kept in mind, and the realities of the situation must be considered. Where, by applying the rule, the public cannot be protected because the transaction has been completed, where no serious moral turpitude is involved, where the defendant is the one guilty of the greatest moral fault, and where to apply the rule will be to permit the defendant to be unjustly enriched at the expense of the plaintiff, the rule should not be applied.'" Id. (quoting Goldberg' Sanglier, 96 Wash.2d 874, 639 P.2d 1347, 1353-54 (1982)). The fact that Florida law gives the trial court the discretion to apply the doctrine of in pan delicto, considering that all ambiguities must be resolved in favor of Plaintiff, does not take away from the fact that Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant c. Plaintiff has a cognizable cause of action for civil RICO against Defendant Finally, Defendants argue that Plaintiff does not have a cognizable cause of action for civil RICO under section 772.104, Florida Statutes, because she was not directly injured by the Defendants' scheme. In Count IV of the amended complaint, Plaintiff alleges that Defendants engaged in a pattern of criminal activity in which Defendant found and delivered underage girls to Defendant Epstein in order for Epstein to "solicit, induce, coerce, entice, compel or force such girls to engage in acts of prostitution and/or lewdness." (Amended Complaint 132, DE 1, p. 307). She also alleges that she 8 EFTA00234431 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08)18.2008 Page 9 of 11 was a victim of Defendants' scheme because she was one of the underage girls found and delivered to Defendant Epstein by Defendant and that she endured Epstein's actions as he tried to get her to engage in, and forced upon her, acts of prostitution and lewdness. (Amended Complaint I 33, DE 1, pp. 307-308). Plaintiff, who was a victim of Defendants' scheme, was directly harmed by the scheme and it is damages for this harm that she seeks in Count IV of the amended complaint. Cf. Palmas Y Bambu, Dupont De Nemours & Co., Inc., 881 So. 2d 565, 570 (Fla. 3d DCA 2004) (holding plaintiff has standing to sue for civil RICO when her injuries flow directly from commission of the predicate acts, which means "when the alleged predicate act is mail or wire fraud, the plaintiff must have been a target of the scheme to defraud and must have relied to his detriment on misrepresentations made in furtherance of that scheme"). Because Plaintiff was a target of Defendants' scheme and was harmed by their actions in carrying out the scheme, Plaintiff has a cognizable cause of action for civil RICO against Defendant IME. CONCLUSION Plaintiff has cognizable causes of against Defendant M, a Florida citizen, for civil conspiracy, intentional infliction of emotional distress, and civil RICO. Because Plaintiff has a possibility of recovering against Defendant under her amended complaint, Defendants have failed to meet their burden of demonstrating that was fraudulently joined in this action. As the parties lack complete diversity of citizenship, the Court lacks subject matter jurisdiction over this matter and should remand this case to Florida state court. 9 EFTA00234432 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08/18/2008 Page 10 of 11 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.A.3 On August 18, counsel for Plaintiff conferred with counsel for the Defendants in a good faith effort to resolve the issues raised in this motion, but was unable to do so. s/ Spencer T. Kuvin Spencer T. Kuvin (Florida Bar Number 089737) Certificate of Services I hereby certify that on August 18, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served on August 18, 2008, on all counsel of record or pro se parties identified on the attached Service List in the manner specified, via transmission of Notices of Electronic Filing generated by CM/ECF. sl Spencer 7'. Kuvin Spencer T. Kuvin (Florida Bar Number 089737) Attorney E-Mail Address: RICCI-LEOPOLD, P.A. 2925 PGA Blvd. Suite 200 Palm Beach Gardens, FL 33410 Telephone: (561) 684-6500 Facsimile: (561) 697-2383 Counsel for Plaintiff Jane Doe I0 EFTA00234433 Case 9:08-cv-80804-KAM Document 11 Entered on FLSD Docket 08'18'2008 Page 11 of 11 SERVICE LIST Doe'. Epstein, et. al. CASE NO: 08.80804-Civ-MARRA/JOHNSON United States District Court, Southern District of Florida Guy Alan Lewis, Esq. Email: [email protected] Lewis Tein 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Phone: (305) 442-1101 Fax: (305) 442-6744 Counsel for Jeffrey Epstein Served via CM/ECF Michael R. Tein, Esq. Email: [email protected] Lewis Tein 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Phone: (305) 442-1101 Fax: (305) 442-6744 Counsel for Jeffrey Epstein Served via CM/ECF 11 EFTA00234434 Case 9:08-cv-80804-KAM Docum 11-2 Entered on FLSD Docket 08/18/2008 Page 1 of 21 4c. (f,,D IN THE CIR el- COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA SENTENCE (As to Count(s) Defendant 6q shnl Case Numl; OBTS Number The 1, ng personally is Court, accompanied by the defendant's attorney of record, efe and having been adjudicated guilty herein, and the Court having giventhe Defendant an opportun. y to be heard and to offer matters in mitigation of sentence, and to show cause why defendant should not be sentenced as provided by law, and no cause being shown, IT IS THE SENTENCE OF THE COUpthat: The Defendant pay a fine of $ O pursuant to § Florida Statutes, plus all costs and additional charges as outlined in the Orde assessing additional charges, costs and fines as set forth in a separate order entered herein The Defendant is hereby committed to the custody of the partment of Corrections heriff of Palm Beach County, Florida for a term of 1.,p,rntment f orrections as a youthful offender . It is further ordered that the Defendant shall be allowed a total of days as credit for time incarcerated prior to imposition of this sentych Icisfuither ordered that the composite term of all sentences imposed for the counts specified in the order shall run''j consecutive to ( concurrent with (check one) the following: ) Any active sentence being served. [ J Specific sentences: JUN .3 In the event the above sentence is to the Department of Corrections, the Sheriff of PaIM Beach County, Florida is hereby ordered and directed to deliver the Defendant to the Department of Corrections together with a too of the Judgment and Sentence, and any other documents specified by Florida Statute. Additionally, pursuant to §947.16(4), Florida Statutes, the Court retains jurisdiction over the Defendant. ) Pursuant to §§322.055. 322.056. 322.26, 322.274, Fla. Stat., the Department of Highway Safety and Motor Vehicles is directed to revoke the Defendant's privilege to drive. The Clerk of the Court is Ordered to report the conviction and revocation to the Department of Highway Safety and Motor Vehicles. The defendant in Open Court was advised of the right to appeal from this Sentence by filing notice of appeal within thirty days from this date with the Clerk of the Court. The Defendant was also advised of the right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency. DONE ND ORDERED in >en Court at West Palm Beach, Palm Beach County, Florida this _C3 )Iday of , 200 si) t1,rook ,--- 7-) Form Circuit 5 (rev 8/2000) t riRrinT On; 'DT n inr• EFTA00234435 Case 9:08-cv-80804-KAM D cunt 11-2 Entered on FLSD D A08/18/2008 Page 2 of 21 STATE OF FLORIDA Nfrai IN TH J;;;Ar14•..*L DIVISION OF THE CIRCUIT COUR eFIFTEENTH JUDICIAL CIRCUIT, vs. IN AND FOR 7-YeRscre , 1. DEFENDANT: CASE NUMBE PLEA IN THE CIRCUIT COURT I am the defendant in the above-mentioned matter(s), and I am represented by the attorney indicated below. I understand I have the right to be represented by an attorney at all stages of the proceeding until the case is termin ted, and if I cannot afford an attorney, one will be appointed free of charge. [ 2. DEFENDANT: I understand I have the right to a speedy and public trial either by jury or by court. I hereby waive and give u this right. 3. DEFENDANT: through my attorney. I hereby give up these rights. 4. DEFENDANT: 5. DEFENDANT: Court to subpoena those witnesses. I hereby give up these rights. I understand I have the right to be confronted by the witnesses against me and to cross examine them by myself or [k-r I understand I have the right to testify on my own behalf, but I cannot be compelled to be a witness against myself and may remain silent if I so choose. I hereby give up these rights. [ I understand I have the right to call witnesses to testify in my behalf and to invoke the compulsory process of the 6. DEFENDANT: I understand I have the right to appeal all matters relating to the charge(s) and, unless I plea Guilty or No Coytgst, specifically reserving my right to appeal. I will give up such right of appeal. 7. DEFENDANT: 8. DEFENDANT: 9. DEFENDANT: 10. DEFEND ANT: II. DEFENDANT: DEFENDANT'S ATTORNEY ONLY: I understand that if I am not a United States Citizen, my plea may subject me to deportation pursuant to the laws and regulations governing the United States Immigration and Naturalization Service; and, this Court has no jurisdiction (authority) in such matters. I have not received any promises from anyone, including my attorney, concerning eligibility for any form of early release authorized by law and further no promises have been made to me as to the actual amount of time that I will serve under the sentence to be imposed. Further, I understand that this plea may be used to enhance future crirpipal penalties in any court system, even if adjudication of guilt is withheld. I offer my plea freely and voluntarily and of my own accord, with full understanding of all matters set forth i the pleadings and this waiver. I have personally placed my initials in each bracket above, and I understand each and every one of the rights outlined above. I hereby waive and give up each of them in order to enter my plea to the within charge(s). I understand that even though the Court may approve the agreement of sentence, the Court is not bound by the agreement, the Court may withdraw its approval at any time before pronouncing judgment, in which case I shallbp able to withdraw my plea should I desire to do so. • Choose one: If applicable, I choose a program which is or may be spiritually based. JUN If applicable, I choose a program which is NOT spiritually based. . )1/44 If applicable, I hayyno preference if the program is or may be spiritually based. I 1 Gi30 cr.6 DATE I am attorney of record. I have explained each of the above rights to the defendant and have explored the facts with him/her and studied his/her possible defenses to the charge(s). I concur with his/her decision to waive the rights and to enter this plea. I further stipulate that this document may be received by the Court as evidence of defendant's intelligent waiver of these rights and that it shall be filed by the Clerk as permanent record of that waiv r. OR Y FOR THE DEFENDANT Page 1 of Original - Clerk Green - State Attorney Yellow • Defense Attorney Pink - Defendant Goldenrod - Probatio\O• c/30/05'DATE ..... ev: . 0ft/Y1M Form 2 EFTA00234436 Case 9:08V0804-KAM D. ument 11-2 Entered on FLSD D et 08/18/2008 Page 3 of 21 IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. IN AND FOR PALM BEACH COUNTY CASE NO. OBTS NUMBER e F VV cal YY STATE OF FLORIDA MwStv 141 I 1 /Pfrbi E Skin j XEIDANT o096 5/Al COMMUNITY CONTROL VIOLATOR CFN 20080267522 OR BK 22760 PO 1081 RECORDED 07/17/2008 08:52:50 Pala Beach County, Florida Sharon R. flock, CLERK t COMPTROLLER Pg 1081; (1pg) DA' OF IRTH RACE PROBATION VIOLATOR GENDER SOCIAL SECURITY NUMBER JUDGMENT The above Defendant, being personally before this Court represented b ) Having been tried and found guilty of the following crime(s): coldborr Having entered a plea of guilty to the following crime(s): I I (attorney) Having entered a plea of nolo contendere to the following crime(s): COUNT Ft) s RIME I/tom- kit oe., 40 • OFFENSE ST.NWE NLI-4-MBfiRlp 29 DEGREE 3p I 1 and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s). and having been convicted or found guilty of. Of having entered a plea of nolo contendere or gin I ty. regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794). lewd and lascivious conduct (ch. 800). or murder (s. 782.04). aggra(ya'tefl%at1e€.yTri)784.e45). burglary (s. 810.02). carjacking (s. 812.133). or home invasion robbery (s. 812.135). or any other offense specified in section 9-43.325. Iii?? ' defendant shall be required to submit blood specimens. I 1 and good cause being shown: IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD. JUN 3 1.3 SENTENCE The Court hereby stays and withholds imposition of sentence as to count's) and places the Defendant on • STAYED ) Probation and/or I ) Community Control under the supervision of the Dept. of Corrections (conditions of probtaion set forth in separate order). SENTENCE DEFERRED I ) The Court hereby defers imposition of sentence until The Defendant in Open Court was advised of his right to appeal from the Judgment by filing notice of appeal with the Clerk of Court within thirty days following the date sentence is imposed or probation is ordered pursuant to this adjudication. The defendant was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigene . (..\ 0/1,C.R. . 2t . wod• ilDONE ND ORDERED in Open Court at Palm BeachaCount . Florida. this day of DONE c 1111-°1 iji/to. - EFTA00234437 Case 9:08-cv-80804-KAM Dowk:141:4 11-2 Entered on FLSD Do ;,A8/18/2008 Page 4 of 21 ktIVA4 . PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALI. TERMS OF THE NEGOTIATED SI TTLFMEN I Name: Jeffrey E. Epstein Plea: Guilty A 6e4/9—,—..... . _charge Cpynt Lessei _Dee' ep &b 06CF00945 Felony Solicitation of Prostitution 1 No 3 FUT rocuring Person Under 18 for Prostitution 1 No 2 FT; PSI: Waived/Not Required X Required/Requested ADJUDICATION: Adjudicate (x SENTENCE: On 06CF009454AMB, the Defendant Is sentenced to 12 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. ac.i. y4044. On 08CF009381AMB, the Defendant is sentenced to 6 monthAri the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This 6 month sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB. Following this 6 month sentence, the Defendant will be placed on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein OTHER COMMENTS OR CONDITIONS: As a special condition of his community control, the Defendant is to have no unsupervised contact with minors. and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 anci must abide by all the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time of ti s ple JUN ? EFTA00234438 noatiNtcctit -P-WeirgAtriwotos on FLSD Doc t8/18/2008 Page 5 of 21 Y AIWA YrOILLOWING ONS OF SUPERVISION: Q}.4MUNITY CONTROL STANDARD CONDITIONS: I. .. You will remain confined to your residence except one half hour before and afteryour approved employment, community service work, or any other activities approved by your Probation officer.You will maintain an hourly accounting of all your activities on a daily log which you will submit to your supervising officer upon request. (o) The Department of Corrections, may at its discretion, places you on Electronic Monitoring during the term of your Community Control. If placed.on Electronic Monitoring, you will wear a monitor at all times. You will maintain a private phone line, be. financially responsiblefor any lost or damaged equipment and follow all rules and regulations as . instructed. The telephone will be available within five working days of being placed On Electronic Monitoring Program. While on electronic monitoring you will confined to your residence and are prohibited from being outside the residential walls. .. . (3) If while being monitored and the monitor is found to have been tampered with you shall be taken into custody immediately, if the officer determines that your were not at your schedules place of work or school while allowed to be outside the. residence then in that event you shall be taken into custody immediately. If taken into custody, you shall be held without bond and shall, on the next working day, brought before a Judge presiding over his or her case for further disposition aLthe discretion of the oresidini Judge DekenotaM (4.0 be re, i 64. 3S-Sr &I ( 1 c W • 6•/:----Dizoutf4PRC5s lafrPn C CL9L- 33 406 (s) If placed on Electronic Monitoring you will pay to the State of Florida, for the cost of Electronic Monitoring $100 per day, perF.S. 948.09. RD CONDITIONS (a) (b) You will submit to and, unless otherwise waived, be financially responsible for drug testing, urinalysis at least on a monthly basis, and counseling if deemed appropriate by your supervising officer. .. You will enter and successfully complete a non-secure or inpatient drug treatment program if deemed appropriate by your officer. • . . (c.) You will comply with any curfew restrictions, confinement approved residence or travel restrictions as instructed by your officer and approved by the Officer's Supervisor. Isyou shall submit to a mandatory curfew from 10:00 PM to 6:00 AM (if the victim was under the age of 18 years) you shall not live within 1000 feet of a school. day care center, park, . playground, or other place where childremegularly congregate. .(e.) you shall 'enter, actively participate in, and successfully complete a sex offender treatment program with a therapist particularly trained to treat sex offender, at pro>ationer's or community controlees expense.4Ziyou shall not have any contact with the victitn?directly or indirectly, including through a third person, unless approved by the victim, the therapist and sentencing court. . . (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex offender program, have any unsupervised contact with a child under the age of 18 years, unless authorized by the sentencing court, without an adult present who is responsible for the child's welfare and which adult has been advised of the crime and is approved by the sentencing court. 'f the victim was under the age of 18 years) you shall not work for pay or as a volunteer in any school, day care center, ark, playground, or other place where children regularly congregate. Ft- . . , you shall not view, wn, or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs or computer services that are relevant to your deviant behavior pattern. ~tyt shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered with the DNA Data Bank. . . . (I) You shall niake restitution to the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and related professional services relating to the physical, psychiatric and psychological care of the victim. . • You shall submit to a warrantless search by your probation officer or community control officer of y ur person ) residence, or vehicle. Co (mart. r4D(--nalail.1- 40 kct've-- co - Wi44, I,,,., . . Acce to-- 0, rvtLA,tivt i\---‘, 5 4-e- 11 fr--a- ot_. litre_a/k._ . 6) 1)(1( i'l saadri-.4 - 'FP v al44 fitiVidkl Sethi/ Ct a WOO, A) n-NP .. ,---, 11ir cline .1; a_r) A-k-o ilt 114 ri EFTA00234439 • '4 Case • s t 11-2 Entered on FLSD D 8/18/2008 Page 6 of 21 you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM (if the victim was under the age of 18 years) you shall not live within 1000 feet of a school, day care center, park, playground, or other place where children regularly congregate. you shall enter, actively participate in, and successfully complete a sex offender treatment program with a therapist particularly trained to treat sex Offender, at probationer's or community controlees expense. you shall not have any contact with the victim., directly or indirectly, including through a third person, unless approved by the victim, the therapist and sentencing court (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex-offender program, have any unsupervised contact with a child under the age of 18 years, unless authorized by the sentencing court, without an adult present who is responsible for the child's welfare and which adult has been advised of the crime and is approved by the sentencing court. (if the victim was under the age of 18 years) you shall not work for pay or as a volunteer in any school; day care center, park, playground, or other place where children regularly congregate. (g) Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, you shall not view, own, or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, ' electronic media, computer programs or computer services that are relevant to your deviant behavior pattern. You shall submit two specimens f blo Data Bank. (O You shall make restitution to the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and related professional services relating to the physical, psychiatric and psychologicalcare of the victim. ) You shall submit to a Warrantless search by your probation officer or community control officer of your person, reside Dther: (lc yol—F is part o a treatment program, participate once/twice annually in polygraph examination to obtain information necessary for risk management and treatment and to reduce your denial mechanisms: Your polygraph examinations must be conducted by a polygrapher trained specifically in the use of polygraph for monitoring sex offenders and it shall be paid by you. The results of the polygraph examinations shall not be used as evidenced in court to prove that a violation of community supervision occurred. You shall maintain a driving log, you shall not drive amotor vehicle white alone without prior approval of your supervising officer. (if 'there was sexual contact) you shall submit to, at probationer's or.community controlee's expense,. an HIV test with the results to be released to the victim,_or the victim's parents or guardian. • You will not obtain or use a Post Office Box without the prior approval of the supervising officer. yotiwill submit to electronic monitoring when deemed necessary by the community control or probation officer and his or her supervisor, anclordered by the court at the recommendation of the Department of Corrections.• • • THE COURT RESERVES THE RIGHT TO RESCIND, MODIFY, OR REVOKE TrffSI9ti TO NT PROVIDED BY LAW DONE AND ORDORED AT West Palm Beach, Palm Beach County, Florida, this Nunc Pro Tunc: Honorable Studs K. Mc...SO:kW Juts Circuif Cotirt I have received a copy of the terms and conditions of my supervision. I have read and understand these condit, -ms r agree to report to the Department of Corrections Probation Office for further instructions. Also, I hereby consent to the disclosure of my alcohol and drug abuse patient rec• ds, the confidentiality of which is federally regulated under 42CPR, Part II, for the duration of my pervision. UCTED BY EFTA00234440 Case 9:08-cv-80804-KAM D *11-2 Entered on FLSD D /18/2008 Page 7 of 21 948.101 Terms and conditions of community control and criminal quarantine community control.-. (1) The court shall determine the terms and conditions of community control. Conditions specified in this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control. (a) The court shall require intensive supervision and surveillance for an offender placed into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agreed upon residence during hours away from employment and public service activities. 3. Mandatory public service. 4. Supervision by the Department of Corrections by means of an electronic monitoring device or system. 5. The standard conditions of probation set forth in s. 948.03, (b) For an offender placed on criminal quarantine community control, the court shall require: I. Electronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated hours. (2) The enumeration of spocific kinds of terms and conditions does not prevent the court from adding thereto any other terms or conditions that the court considers proper. However, tho sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 to reside in another state if the order stipulates that it is contingent upon the approval of the receiving stato interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarcoration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services. (3) The court may place a defendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control. The Department of Correction shall develop and administer a criminal quarantine community control program emphasizing intensive supervision with 24-hour-per•day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associatod with community control, except that specific conditions necessary to monitor this population may be ordered. 7 EFTA00234441 Case 9:08-cv-80804 -KAM Doc4011 -2 Entered on FLSD D1;418/2008 Page 8 of 21 '943.0435 Sexual offenders required to register with the department; penalty.-- (1) As used in this section, the term: (a)1. "Sexual offender' moans a person who meets the criteria in sub-subparagraph a., sub• subparagraph b., sub-subparagraph e., or sub-subparagraph d., as follows: a.(I) Has boon convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 737.01, s. 787.02, or s. 787.025(2)(c), whore the victim is a minor and the defendant is not the victims parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03' s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135 excluding s. 847.0135(4); s. 647.0132; s. 847.0136; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has boon redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and (II) Has been released on or after October 1, 1997, from the sanction Imposed for any conviction of an offense described in sub-sub-subparagraph (9. For purposes of sub-sub- subparagraph (I), a sanction imposed in this state or In any other jurisdiction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, fedora( prison, private correctional facility, or local detention facility; b. Establishes or maintains a residence in this state and who has not boon designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or Jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person ware a resident of that state or jurisdiction, without regard to whether the person otherwise moots the criteria for registration as a sexual offendor; c. Establishes or maintains a residence in this state who is in the custody or control of, or under the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 787.01, s. miqz, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.911, excluding s. 794,911(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025, s. 827,071; s. 847.9131; s. 84.7.01_3_5, excluding s. 847,0 35(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(I ); or any similar offense committed in this state which has boon redesignated from a former statute number to ono of those listed in ties sub-subparagraph; or d. On or after July 1, 2007, has boon adjudicated riolinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in tie following statutes in this state or similar offenses in another jurisdiction when the juvonilo was 14 yea( s of age or older at the time of the offense: (i) Section 794.011, excluding s. 794.011110); (II) Section fl00.91(4)(b) whore the victim is under 12 years of age or whore the court finds sexual activity by the use of force or coercion; MO Section 11p0,04i5)(c)1. whore the court finds molestation involving unclothed genital • 8 EFTA00234442 Case 9:08-cv-80804 -KAM Doc.11-2 Entered on FLSD Doci 08 ,'1812008 Page 9 of 21 (IV) Section 800.01(5)(d) where the court finds the use of force or coercion and unclothed genitals. 2. For all qualifying offenses listed in sub-subparagraph (1)(a)i.d., the court shall make a written finding of the age of the offender at the timo of the offense. For each violation of a qualifying offense listed in this subsection, the court shall make a written finding of the ago of the victim at the time of the offense. For a violation of s. 800.04(4), the court shall additionally make a written finding indicating that the offense did or did not involve sexual activity and indicating that the offense did or did not Involve force or coercion. For a violation of s. 80C1.p4(5), the court shall additionally make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not involve the use of force or coercion. (b) "Convicted" moans that there has boon a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contenders, regardless of whether adjudication is withhold, and includes an adjudication of delinquency of a juvenile as specified in this suction. Conviction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a ploa of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but Is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. (c) 'Permanent residoncos and 'temporary rosidence" have the same meaning ascribed in s. 775.21.. (d) 'Institution of higher education" means a career conker, community collage, college, stoto university, or independent postsecondary institution. (e) 'Change in enrollment or employment status moans the commoncomont or termination of enrollment or employment or a change in location of enrollment or employment. (0 'Electronic mail addross' has the same meaning as provided in s. 668.602. (g) 'Instant message name" moans an identifier that allows a person to communicate in real time with another person using tho Internet. (2) A sexual offender shall: (a) Report in person at the sheriffs office: 1. In the county in which the offender establishes or maintains a permanent or temporary osidonce within 48 hours after: a. Establishing permanent or temporary residence in this state; or b. Being released from the custody, control, or supervision of the Dopartmont of Corrections or from the custody of a private correctional facility; or 2. In the county whore ho or she was convicted within 48 hours after boing convicted for a qualifying offense for registration under this section if the offender is not in the custody or 9 EFTA00234443 Case 9:08-cv-80804-KAM Doctry 1-2 Entered on FLSD Doc6308/18/2008 Page 10 of 21 • control of, or under the supervision of, the Department of Corrections, or is net in the ante, y of a private correctional facility. Any change In the sexual offender's permanent or temporary residence, name, any electronic mail address and any instant message name required to bo provided pursuant to paragraph (4)(d), after the sexual offender reports in person at the sheriffs office, shall be accomplished in the manner provided in subsections (4), (7), and 181. Ib) Provide his or her name, data of birth, social security number, race, sex, bright, weight. hair and eye color, tattoos or other identifying marks, occupation and place of employmera, address of permanent or legal residence or address of any current temporary residence, wits an the state and out of stato, including a rural route address and a post office box, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address. 1. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriffs office written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 37/, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat. 2. If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department through the sheriffs office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change in enrollment or employment status shall bo reported in parson at the sheriffs office, within 4s hours after any change in status. The sheriff shall pr