Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 1 of 97

Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 1 of 97 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION www.fisb.uscourts.gov IN RE: ROTHSTEIN ROSENFELDT ADLER, P.A., Debtor. CASE NO. 09-34791-RBR CHAPTER 11 JEFFREY EPSTEIN'S EXPEDITED MOTION TO BE EXCUSED FROM ATTENDING SHOW CAUSE HEARING (In order to grant effective relief Expedited Hearing Requested on or before October 24, 2018, so that the Court may rule prior to the October 26, 2018, hearing) Jeffrey Epstein ("Epstein") moves the Court, on an expedited basis, to be excused from attending the October 26, 2018, show cause hearing, and states: INTRODUCTION On April 20, 2018, this Court entered its Order to Show Cause (the "Show Cause Order") why Fowler White and Epstein should not be held in contempt and scheduled an evidentiary show cause hearing for August 23 and 24, 2018. (D.E. 6366.) The hearing was reset to October 26, 2018, at 10:00 a.m. (D.E. 6431.) In its Show Cause Order, the Court ordered Epstein to sit for a limited deposition and to attend the show cause hearing in person. (D.E. 6366.) Epstein respectfully requests to be excused from attending the show cause hearing because his deposition was taken on October 13, 2018, for a period of two hours and Epstein has filed a Declaration in support of his position.' There is nothing left to add to Epstein's testimony and it would be unnecessary and duplicative to require Epstein, who resides in the U.S. Virgin Islands, to travel to Florida for the hearing. 'Epstein's deposition transcript and Declaration are attached as Exhibits A and B, respectively. EFTA00793401 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 2 of 97 There are no disputed facts material to this show cause proceeding regarding Epstein. The Movants in these show cause proceedings (Farmer Jaffe, Bradley J. Edwards and L.M.) have acknowledged that Epstein did not have the disc or even know of the disc's existence before being advised by Link & Rockenbach in February 2018. Further, Epstein has testified that he only received select documents from the disc in February 2018. The select documents were provided to Epstein after Link & Rockenbach located the disc in Fowler White's boxes in February 2018. Because there are no material facts in dispute, live testimony will have no impact on this Court's determination of whether there was a violation by Epstein of the November 2010 Agreed Order. As this Court will see, there is not a shred of evidence that Epstein knew about the disc before learning about it from Link & Rockenbach in February 2018. Movants' position is that Epstein violated the November 2010 Agreed Order because Link & Rockenbach — Epstein's "agent" -- found the disc in 2018 and provided select copies of documents from it to Epstein. This Court has already ruled that everything post Link & Rockenbach is not a violation of the November 2010 Agreed Order but, rather, is a State Court issue, and will not be considered at the Show Cause hearing. Therefore, there is no further live testimony that can be elicited from Epstein that would benefit the Court in deciding if Epstein violated the November 2010 Agreed Order. Epstein respectfully requests to be excused from personally attending the Show Cause hearing. Epstein will be represented at the hearing by his counsel, Chad Pugatch and Scott J. Link. ARGUMENT A. What Happened to the Disc in 2018 is Not a Violation of This Court's November 2010 Agreed Order. The Court was clear that issues relating to what happened after Link & Rockenbach found the disc in 2018 are State Court issues and not to be considered in the Show Cause proceedings. 2 EFTA00793402 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 3 of 97 EDWARDS: ... The representation was made on the record by Mr. Link that he provided it within his law firm and his client, that being Mr. Epstein. When further asked by the court, has Mr. Epstein been provided with copies of the documents, or the contents of these privileged documents? Mr. Link replied, I just said my client, my law firm and my client, and I can saw legal counsel, Mr. Goldberger. So, that's it. So we now know that this information that was improperly obtained was disseminated not only to Mr. Epstein, the adversary who now has this information, it was also --- COURT: Take that up in the state court. (Apr. Tr. 39:15-40:3.) 2 SCAROLA: Your Honor has made repeated reference to being permitted to inquire of Mr. Epstein about his possession of the disk. Your Honor's order related not only to the electronic documents, but related as well to any copies of the documents that were made. Mr. Link has made it clear in his representations to your Honor today, and he has stated previously that he sent copies of the privileged documents to Mr. Epstein. Mr. Epstein, we know, retained those documents, and retention of those documents is a clear violation of your Honor's order. What we would like to be able to inquire about, in addition to whether Mr. Epstein had possession of the disk, is whether Mr. Epstein had possession of copies of any of the information obtained from that disk, including the e-mail --- COURT: But the disc wasn't discovered until Link found it in the 36 boxes. SCAROLA: Well, yes, sir, that's what has been represented to the Court, but what Mr. Link has said is that he transferred that information to Mr. Epstein. COURT: After he found it. SCAROLA: Well, he obviously couldn't transfer it before. COURT: But that's what you're litigating in state court. SCAROLA: No, sir, I'm sorry, that's not what we're litigating in state court. What we are litigating in state court is the malicious prosecution claim. What we want to be able to litigate before your Honor is violation of this Court's order, and retention of documents obtained from that disk is a clear violation of your Honor's order. 2The April 13, 2018, hearing transcript (D.E. 6367) shall be referred to as "Apr. Tr." 3 EFTA00793403 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 4 of 97 COURT: I disagree with you..... Take that up in your state court litigation. (Apr. Tr. 43:19-45:6.) B. Epstein has Provided Sworn Testimony and His Attendance at the Show Cause Hearing is Not Necessary. The Court allowed Movants to take Epstein's deposition limited to the issue of his knowledge and possession of the disc. (Apr. Tr. 36:2-9.) The Show Cause Order also provided for the filing of sworn declarations. (D.E. 6366,91 5 i.v.) Specifically, it provides: Unless otherwise ordered, the direct testimony of each witness, except adverse, hostile or rebuttal witnesses, shall be presented by sworn declarations consisting of a succinct written statement of the direct testimony which that witness would be prepared to give if questions were propounded in the usual fashion at the Show Cause Hearing. ... *** Objections to any portions of the statements may be raised at the time the sworn declaration of each respective witness is offered to the Court. The witness shall then be sworn and asked if the statement correctly reflects the testimony that would be given if the witness was asked the appropriate questions. Assuming an affirmative answer, opposing counsel may then cross-examine the witness. At the conclusion of cross-examination, the party whose witness is on the stand may conduct oral redirect examination in the usual manner. Id. Well before his deposition was taken, Epstein provided a sworn Declaration attesting to these matters. In addition, on October 13, 2018, Epstein sat for more than two hours and answered all questions relating to the alleged federal civil contempt for alleged discovery violations and Movants had an opportunity to cross exam Epstein about the Declaration. There is simply nothing within the scope of this Court's ruling that Epstein has not answered. At the April 13, 2018, hearing Edwards' counsel informed the Court that: 4 EFTA00793404 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 5 of 97 SCAROLA: ... and as far as Jeffrey Epstein is concerned, obviously he was personally prohibited by the express language of the Court's order from possessing or accessing any of this information, and he would certainly want to take Mr. Epstein's deposition. While representations have been made with regard to the extent that Mr. Epstein has been in possession of, or had access to this privileged information, the record is completely devoid of any sworn representation by Mr. Epstein, and clearly that is essential in terms of this Court fashioning, or first of all determining who is responsible for these very serious violations, and in fashioning an appropriate response. (Apr. Tr. 17:8-19.) Epstein has now provided not only his direct testimony but two hours of cross examination. In his Declaration, Epstein attested that he had no personal knowledge of how the disc came into Fowler White's possession (Ex. B, 1 5) and that he had never seen the disc (Ex. B, 1 6). Epstein confirmed this testimony during his deposition: Q. How is it that you can tell us under oath today that you had no prior knowledge of Fowler White having come into possession of a disc relating to your litigation? A. So, to be clear, to the best of my recollection today, the answer is no. I have no recollection whatsoever. (Ex. A, 25:4-10.) Also see Ex. A, 25:24-26:8. Q. Have you ever communication with any agent of Fowler White about the disc that was turned over by them to Link & Rockenbach? A. No. Not to the best of my knowledge. Q. Have you ever communicated with Tonja or Fred Haddad about the Fowler White disc? A. Not to the best of my knowledge. Q. Did you ever receive a copy of the disc itself? A. No. 5 EFTA00793405 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 6 of 97 (Ex. A, 56:4-13.) Edwards' counsel has admitted that it is not Edwards' contention that Epstein had the disc, but that after the disc was located by Link & Rockenbach, Epstein was provided alleged privileged information contained on the disc. While Edwards asked questions of Epstein about dissemination to others, what he read from the disc and things of that nature, those questions, among many others, exceeded the scope of inquiry allowed by this Court. This Court has already ruled that for purposes of the Show Cause proceedings it was not going to allow Movants to ask question regarding what material Epstein received after Link & Rockenbach discovered the disc. Consequently, any issues that remain unresolved after Epstein's deposition as to those questions is of no moment in these proceedings. The alleged privileged e-mails and all issues related to privilege and waiver are currently pending before the State Court. CONCLUSION As the sole basis for seeking to hold Epstein liable for a violation of the November 2010 Agreed Order, Movants contend that Epstein's receipt from Link & Rockenbach in 2018 of documents from the disc was somehow a violation of the nearly eight-year-old November 2010 Agreed Order. The Court has already flatly rejected that argument and determined that all issues relating to what happened after Link & Rockenbach found the disc in 2018 are matters exclusively for the State Court that will not be considered at the Show Cause proceedings. Rather, the Show Cause proceedings are limited, as to Epstein, regarding whether he was aware of Fowler White's possession of the disc and whether he possessed the disc or any alleged privileged documents at any time before Link & Rockenbach found it. Epstein's two hours of cross examination provides all the testimony necessary to determine if Epstein violated the November 2010 Agreed Order. There is nothing left to cross examine Epstein about within the parameters set by this Court. 6 EFTA00793406 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 7 of 97 Because cross examination would be duplicative of the testimony already given, Epstein's testimony at the Show Cause hearing would provide no further benefit to the Court. Accordingly, Epstein respectfully requests that he personally be excused from attending the show cause hearing. GOOD-FAITH CERTIFICATION Epstein's counsel certify that on October 18, 2018, they asked Movants' counsel if Movants would oppose the relief sought herein. Movants oppose the relief sought. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 19, 2018, a true and correct copy of the foregoing was served electronically to all registered users on the CM/ECF system, which includes counsel identified on the service list below. RICE PUGATCH ROBINSON STORFER & COHEN, PLLC By: /s/ Chad P. Pugatch CHAD P. PUGATCH (FBN [email protected] - AND — I hereby certify that I am admitted to the Bar of the United States District Court for the Southern District of Florida and I am in compliance with the additional qualifications to practice in this Court set forth in Local Rule 2090-1(A). 7 EFTA00793407 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 8 of 97 LINK c R KENBA H PA By: /s/ Scott J. Link SCOTT J. LINK (FBN 602991) [email protected] Counsel for Jeffrey Epstein SERVICE LIST Jack Scarola ar D nn ar la Barnhart & Shipley, P.A. Counsel for Bradley J. Edwards Bradley J. Edwards Brittany N. Henderson Edwards Pottinger LLC °tense or anner a e, ersstng, cards, Fistos & Lehrman, P.L. Paul G. Cassell S.J. Quinney College of Law at the Utah University of Doe Peter E. Shapiro Shapiro Law uite 3000 ounse or ., . . an ane Doe Counsel for L.M., E.W. and Jane Niall T. McLachlan Carlton Fields Jorden Burt P.A. 200 °rinse or ow er nr e urnett, P.A. Isaac M. Marcushamer Ber er Sin erman LLP Counsel for liquidating Trustee 2077028 8 EFTA00793408 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 9 of 97 EXHIBIT A EFTA00793409 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 10 of 97 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 502009CA040800XXXXMB JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, vs. SCOTT ROTHSTEIN, individually; BRADLEY EDWARDS, individually, Defendants/Counter-Plaintiffs. / VIDEOTAPED DEPOSITION OF JEFFREY EPSTEIN Saturday, 9:07 a.m. 1555 Palm West Palm October 13th, 2018 - 11:00 a.m. Beach Lakes Boulevard, #930 Beach, Florida 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 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793410 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 11 of 97 L 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 APPEARANCES: For Plaintiff/Counter-Defendant: T,TNK 4 ROCKFNRArN P A By SCOTT J. LINK, ESQUIRE By KARA BERARD ROCKENBACH, ESQUIRE For Plaintiff/Counter-Defendant: ATTERBURY, GOLDBERGER & WEISS, P.A. By JACK A. GOLDBERGER, ESQUIRE For Defendants/Counter-Plaintiffs: SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A. By JACK SCAROLA, ESQUIRE For Fowler White: CARLTON FIELDS, PA By JOSEPH IANNO, JR, ESQUIRE For L.M., E.W. and Jane Doe: S.J. QUINNEY COLLEGE OF LAW By PAUL G. CASSELL, ESQUIRE (Telephonically) ALSO PRESENT Above & Beyond Reprographics By Manuel Santiago, Videographer Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793411 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 12 of 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDEX Videotaped Deposition of JEFFREY EPSTEIN Page No. Direct Examination by Mr. Scarola Certificate of Oath Certificate of Reporter Read & Sign Letter to Witness PLAINTIFF'S EXHIBIT INDEX (No exhibits were marked.) DEFENDANTS/COUNTER-PLAINTIFFS' EXHIBIT INDEX 5 83 84 85 No. Description Page No. 1 Sworn Declaration of Jeffrey Epstein 6 2 Affidavit of Jeffrey Epstein 40 3 Re-Notice of Taking Deposition 58 4 Re-Notice of Taking Deposition 62 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793412 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 13 of 97 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 13th day of October 2018. The time is approximately 9:07 a.m. This is the videotaped deposition of Jeffrey Epstein in the matter of Jeffrey Epstein versus Scott Rothstein, individually; Bradley Edwards, individually; L.M. individually. This deposition is being held at 1555 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401. My name is Manuel Santiago. I am the videographer representing Above & Beyond Reprographics. Will the attorneys please announce their appearances for the record? MR. SCAROLA: My name is Jack Scarola. I am counsel on behalf of Bradley Edwards. MR. LINK: Scott Link and Kara Rockenbach on behalf of Mr. Epstein. MR. GOLDBERGER: And Jack Goldberger on behalf of Jeffrey Epstein. MR. SCAROLA: On the phone we have Professor Paul Cassell. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793413 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 14 of 97 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 MR. CASSELL: Can I just chime in here? Paul Cassell for L.M., E.W. and Jane Doe, intervenors in the Florida State court action. THEREUPON, JEFFREY EPSTEIN, being a witness in the notice heretofore filed, and being first duly sworn in the above cause, testified on his oath as follows: THE WITNESS: Yes. DIRECT EXAMINATION BY MR. SCAROLA: Q Would you please state your full name? A Jeffrey E. Epstein. Q Would you list for us, please, each of your residence addresses? MR. GOLDBERGER: I think it's beyond the scope. I'm going to object to Fifth Amendment. You want him to invoke or you okay with me doing it? MR. SCAROLA: We want Mr. Epstein to invoke any privilege that Mr. Epstein considers appropriate to invoke. THE WITNESS: The Fifth. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793414 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 15 of 97 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 I'm sorry? A The Fifth. Q You are the same Jeffrey Epstein that is a party in the current state court proceedings in which Bradley Edwards has brought suit against you for malicious prosecution, correct? A Correct. Q Mr. Epstein, I'm going to hand you what I have marked as Exhibit Number 1 to this deposition. Ask you to take a look at that document. MR. SCAROLA: Paul, this is Mr. Epstein's sworn declaration of fact that was filed in the bankruptcy court proceeding. MR. CASSELL: I am familiar with that. Thank you, Jack. (Defendants/Counter-Plaintiffs' Exhibit Number 1 was marked for identification.) BY MR. SCAROLA: Q Do you recognize the document, Mr. Epstein? A Yes. Q Is that, in fact, your signature above the line that says Jeffrey Epstein? A Yes. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793415 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 16 of 97 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 There is a signature to the left of yours at the bottom of the document. Whose signature is that? A I don't know. Q Who were the attorneys who were representing you at the time that this declaration was prepared on August 14, 2018? MR. LINK: Object to the form. THE WITNESS: Could you ask the question again? BY MR. SCAROLA: Q Yes, sir. Who were the lawyers who were representing you in this matter on August 14, 2018? THE WITNESS: Scott Link. BY MR. SCAROLA: Q Anyone else? A Jack Goldberg. Q Anyone else? A Darren Indyke. Q Anyone else? A Not that I recall. Q Who prepared this declaration? A I believe the Link firm. Q Was it sent to you initially in the form in which it presently appears? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793416 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 17 of 97 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. Q Do you have any recollection whatsoever of having any input into the content of this declaration? MR. LINK: So, Mr. Epstein, I just want to caution you. I don't want you to share any of our communications or conversations. Okay. You can answer the question without disclosing anything we have talked about. THE WITNESS: No. BY MR. SCAROLA: Q You had no input? A I don't have anything separate from my attorneys. Any input I have is with conversations with my attorneys. Q That's not my question. I have not asked you whether you received any information from your attorneys. I asked you whether you had any input into the content of this declaration. MR. LINK: Again, I am going to instruct you not to disclose any of our conversations and communications. You can simply answer yes or no to the question. If you remember it, then you can. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793417 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 18 of 97 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: Sorry. So I'm clear, the conversations I had with you about this -- MR. LINK: We are not going to talk about. THE WITNESS: So is that an answer of yes or no? MR. LINK: If the question is, do you recall whether you made any changes to what was sent to you, I think you can answer yes or no. MR. SCAROLA: That's not the question. BY MR. SCAROLA: Q I want to know whether you had any input whatsoever into the drafting of this declaration. Was any of the information contained in this declaration -- included in the declaration as a consequence of input that you personally had? Or was it simply all drafted by somebody else for your signature? MR. LINK: So, if you can answer that question without disclosing our communications, you can answer the question. If you can't answer it without disclosing our communication, Mr. Epstein, then you are instructed not to answer it. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793418 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 19 of 97 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 BY MR. SCAROLA: Q Your answer to the question, sir? A I can't disclose anything -- I have only had a conversation with my attorney regarding this. Q Yes, sir. But my question does not ask you about any communication you had with your lawyers. I am asking you whether you had any input into the language that is included within this declaration. Is anything here your -- the consequence of your input? MR. LINK: So, let me just -- I have two questions for you, Mr. Scarola. One, I thought we were starting with the state court matter. MR. SCAROLA: We are. MR. LINK: I may have misunderstood, because this is a bankruptcy declaration. And there isn't anything in Judge Hafele's order that talks about bankruptcy testimony or spoke that you can inquire about. Obviously, by signing this, he has adopted every statement in there as his own. So I'm not sure what we are doing at the moment. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793419 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 20 of 97 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 BY MR. SCAROLA: Q Can you answer the question, sir? A I cannot answer the question. Q Why? A Anything I talked about with respect to this document is a conversation with my attorneys. Q And I'm not asking about any communication you had with your lawyer. I want to know whether anything in this affidavit is as a consequence of your personal input. MR. LINK: So, if there was anything you did separate and apart from our conversations, then you can tell him. If not -- THE WITNESS: No. BY MR. SCAROLA: Q No what? A No. Q Nothing in this affidavit was as a result of your personal input; is that correct? MR. LINK: What he said was separate and apart. My instruction is, you may not disclose any of our communications. If you can answer the question about something you did Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793420 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 21 of 97 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 separate and apart from my directions to you or our communications, you can answer the question. Other than that, you cannot. MR. SCAROLA: Mr. Link, communications with counsel are privileged if they are intended to remain confidential. If Mr. Epstein communicated something to you to include within this affidavit, that, obviously, was not intended to remain confidential. It was intended to be communicated in this particular filing. MR. LINK: Mr. Scarola, I disagree with you. I'm instructing him not to answer if it's based on our communications period. BY MR. SCAROLA: Q The second paragraph of this affidavit says, "The law firm of Fowler White Burnett, PA, represented me" -- meaning you -- "in the state court proceeding from June 2010 through May 2012." What were the terms on which you retained the Fowler White Burnett law firm? MR. LINK: Mr. Scarola, you are exceeding the scope of the deposition in the state court matter. There are four very specific limited Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793421 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 22 of 97 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 topics, none of which have you asked a single question about. I'm really trying to understand what -- Do you want to do the bankruptcy first? MR. SCAROLA: No. No, sir. I want to do the state court proceeding first. I'm asking questions that relate directly to the topics that are defined within the state court order and I would like an answer to that question. MR. LINK: Would you please tell me which topic you are focused on? There are only four. MR. SCAROLA: This relates to all of them. MR. LINK: It does not, Mr. Scarola. MR. SCAROLA: We have a disagreement about that. If you are instructing him not to answer, then the court will make a determination as to whether that is or is not an appropriate instruction and whether we will or will not be back here to redepose Mr. Epstein once again. Are you instructing him to the answer? MR. LINK: Your question is what were Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793422 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 23 of 97 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 terms of his engagement of Fowler White? MR. SCAROLA: Yes, that's correct. MR. LINK: Then I'm instructing him not to answer. BY MR. SCAROLA: Q Did you engage Fowler White on an hourly basis? MR. LINK: I am instructing him not to answer. BY MR. SCAROLA: Q Did Fowler White present invoices to you for services that were rendered on an hourly basis? MR. LINK: I am instructing him not to answer. BY MR. SCAROLA: Q Were you ever billed by Fowler White with invoices that included a description of the services that Fowler White rendered on your behalf? MR. LINK: I am instructing him not to answer. BY MR. SCAROLA: Q Were you kept informed as to what Fowler White did on your behalf in connection with their representation of you? MR. LINK: I'm instructing him not to Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793423 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 24 of 97 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 answer. It exceeds the scope of the court's order. BY MR. SCAROLA: Q Your affidavit -- excuse me. Your declaration states that as part of Fowler White's representation of you, that they represented you in proceedings in the bankruptcy case concerning a subpoena that your original counsel issued to the bankruptcy trustee. Is that statement true? A Yes. Q Who was your original counsel that issued the subpoena to the bankruptcy trustee? A I don't recall. Q What was subpoenaed? A The question again. Q What was subpoenaed? A I don't recall. Q Were emails subpoenaed? A I'm not sure what subpoena you are talking about. Sorry. Q The one that you declared under penalty of perjury was issued by your original counsel to the bankruptcy trustee. A I don't recall. Q Did you ever come to learn that the trustee Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793424 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 25 of 97 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 in the bankruptcy for the law firm Rothstein, Rosenfeldt & Adler had been subpoenaed to produce emails contained on the server of that law firm? A I don't recall. Q Did it ever come to your attention that emails contained on the server of the law firm Rothstein, Rosenfeldt & Adler had been produced in connection with the state court civil proceedings by the bankruptcy trustee to a special master that had been appointed for purposes of determining what, if any, emails from that production would be turned over in response to the subpoena that was issued? A Separate from any conversations with my attorney, I don't recall. Q Did you ever learn that privilege was being asserted with respect to the production of any emails that were contained on a Rothstein, Rosenfeldt, Adler server? A Separate from a conversation with my attorneys, I don't recall. Q Are you aware, as you sit here today, that federal bankruptcy Judge Ray issued an order with respect to procedures to be followed in connection with responding to an email subpoena? MR. LINK: Object to the form. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793425 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 26 of 97 17 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SCAROLA: What's the problem with the form? MR. LINK: You didn't give us any time. Is there more than one? MR. SCAROLA: No, I did. I said as you sit here today. MR. LINK: No, as to the order. But -- If you can answer the question, you can answer question. THE WITNESS: I'm sorry. You have to repeat it. BY MR. SCAROLA: Q Yes. As you sit here today, are you aware that federal bankruptcy Judge Ray issued an order concerning matters relating to the production of Rothstein, Rosenfeldt, Adler emails? MR. LINK: Object to the form. THE WITNESS: Outside conversations with my attorney, no. BY MR. SCAROLA: Q Have you ever seen an order issued by federal bankruptcy Judge Ray that impose restrictions on the possession of electronic data produced in response to a subpoena for emails from the Rothstein, Rosenfeldt, Adler law firm? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793426 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 27 of 97 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: Object to the form. THE WITNESS: Outside of conversations with my attorney, no. BY MR. SCAROLA: Q Tell me about the conversations that you had with your lawyers relating to the terms of Judge Ray's order. MR. LINK: I am going to instruct you not to answer that question. BY MR. SCAROLA: Q Have you ever personally seen any of the language that was included within Judge Ray's order? A Outside of the conversations with my attorney, no. Q Well, a conversation with your lawyer does not tell me anything in response to a question that asks what you have seen. Have you ever seen any of the language included within Judge Ray's order that impose restrictions on the possession of electronic data relating to emails of the Rothstein, Rosenfeldt, Adler firm? MR. LINK: So let me object to the form. If you can answer the question Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793427 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 28 of 97 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 independent of communications with your lawyer -- so if you looked at the order on your own, then you can answer. THE WITNESS: I don't recall. BY MR. SCAROLA: Q Are you aware that contempt proceedings are pending in the federal bankruptcy court? A Yes. Q What is your understanding of what those proceedings are about? A It's in regards to the discovery of a disc that was in possession of Fowler White. Q What is it in regard to that disc? A That's not a very good question. Sorry. Q I'm sorry? A Can you ask a question? Q The question is, what is it about this disc that is the subject matter of contempt proceedings in the bankruptcy court? MR. LINK: So, again, if you can answer the question based on your own personal review of information rather than our communications, you can share that with Mr. Scarola. THE WITNESS: Nothing outside my Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793428 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 29 of 97 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 conversations with the attorney. BY MR. SCAROLA: Q Did you ever become aware that a subpoena was issued to the bankruptcy trustee to produce emails? A I don't recall. Q Did you ever become aware that a claim of privilege was asserted with regard to any of the emails on the Rothstein, Rosenfeldt, Adler server? A Outside of conversations with my attorney, no. Q Did your lawyer tell you that a claim of privilege had been made with regard to any of the emails on the RRA server? MR. LINK: Mr. Scarola, you know better than to ask that question. Mr. Epstein, do not answer that question. MR. SCAROLA: Mr. Link, those happen to be matters as to which privilege is waived as a consequence of your own disclosures in your own affidavits and your own statements with respect to this case. MR. LINK: I disagree with you. MR. SCAROLA: That's fine. MR. LINK: I'm going to instruct you Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793429 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 30 of 97 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 not to answer. MR. SCAROLA: Just as long as you know that it is our position that there has been a waiver. You can instruct the witness not to answer and the court will make a determination with regard to that legal issue. MR. LINK: There's no question. And I will say this, for the record. You haven't asked a single question about the four topics that Judge Hafele specifically delineated for this limited deposition you could take. But I am instructing you not to answer the question, Mr. Epstein. BY MR. SCAROLA: Q Paragraph four of your declaration, Exhibit Number 1, states, "In February 2018, Scott J. Link of Link & Rockenbach, PA, informed me that he had located a disc in Fowler White's files labeled," quote, Epstein Bate Stamp, unquote. Did I read that accurately? A Correct. Q That was a communication from Mr. Link, your lawyer, to you, correct? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793430 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 31 of 97 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 A Yes. Q What else did Mr. Link tell you? MR. LINK: So, I'm going to instruct you not to disclose any of your conversations that involved legal advice or strategy or protected communication. If you recall that I said anything other than I located a disc specific to that topic, you can answer. THE WITNESS: I remember that. Everything else I talked with my attorneys. BY MR. SCAROLA: Q Yes, I know you were talking to your lawyer. I want to know everything that your lawyer told you in this conversation that you have partially disclosed. MR. LINK: So -- BY MR. SCAROLA: Q What else did he tell you? MR. LINK: So, I'm going to instruct you not to answer based both on attorney -client privilege and exceeds the scope of Judge Hafele's order. BY MR. SCAROLA: Q Your response? MR. LINK: I have instructed him not to Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793431 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 32 of 97 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 answer. BY MR. SCAROLA: Q When in February of 2018 did you have this communication with Mr. Link? A I don't recall specifically. Q What was the form of the communication? A I don't recall specifically. Q When you tell me you don't recall specifically, that suggest that you may recall generally. What is your recollection with regard to the form that the communication took? A It's not specifically -- I believe it was a phone call. But that's my best recollection. Q Where were you when you received that phone call? A No idea. Q Did Mr. Link tell you why he was calling to tell you that he had located a disc? MR. LINK: Mr. Epstein, I am going to instruct you not to answer the question. BY MR. SCAROLA: Q Did Mr. Link tell you what was on the disc? MR. LINK: I'm going to instruct you not to answer. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793432 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 33 of 97 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 BY MR. SCAROLA: Q Did Mr. Link communicate to you at any time anything regarding the content of a disc that had been located in Fowler White's files? MR. LINK: I am going to instruct you not to answer. MR. SCAROLA: The basis of that instruction? MR. LINK: Attorney -client privilege and exceeds scope of Judge Hafele's order. BY MR. SCAROLA: Q Had you known prior to Mr. Link's communication with you in February of 2018 that Fowler White had come into possession of a disc relating to anything having to do with the litigation in which you were involved? MR. LINK: Can you read the first part? Did he say if or did you? I'm sorry, I missed the first words. (Thereupon, the requested portion of the record was read back by the reporter as above duly recorded.) MR. LINK: I'm going to object to form. THE WITNESS: No. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793433 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 34 of 97 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 BY MR. SCAROLA: Q How was it that you remember that? A I'm sorry. The question again. Q How is it that you can tell us under oath today that you had no prior knowledge of Fowler White having come into possession of a disc relating to your litigation? A So, to be clear, to the best of my recollection today, the answer is no. I have no recollection whatsoever. Q So the answer is not no. The answer is I don't remember. Is that correct? MR. LINK: No. That's not what he said. BY MR. SCAROLA: Q Well, I want to know. Are you telling us, no, you didn't know; or are you telling us, I don't remember whether I knew or not? A My best recollection is no. I can't be certain of anything, frankly. So the answer is -- with respect to most questions, my answer is no. But I can't be certain that someone hadn't told me something years ago. I have no recollection. I would say no. Q Paragraph five of this declaration says, "I have no personnel knowledge of how the CD came to be in Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793434 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 35 of 97 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 Fowler White's possession." Do you have any knowledge that, in fact, it did come to be in Fowler White's possession? MR. LINK: So, you can -- other than our communications, you can answer the question. THE WITNESS: It's only through communications with my attorney. BY MR. SCAROLA: Q So Mr. Link told you that he got the disc from Fowler White; is that correct? MR. LINK: You can answer that question. THE WITNESS: Correct. BY MR. SCAROLA: Q Did he tell you when he got it from Fowler White? MR. LINK: If you remember, you can answer that question. THE WITNESS: Sometime in February. BY MR. SCAROLA: Q Are you aware that William Berger was deposed in the state court civil proceeding? A I don't recall. Q Do you know who William Berger is? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793435 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 36 of 97 27 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, sir. Q Do you recall a former Palm Beach County circuit court judge having been involved as co-counsel in the prosecution of molestation claims against you by the Rothstein, Rosenfeldt, Adler firm? THE WITNESS: Is this part of today's -- MR. LINK: If you remember that there was a -- THE WITNESS: I do not remember. BY MR. SCAROLA: Q At the time that you had the communication with Mr. Link sometime in February of 2018, did Mr. Link discuss any of the data that was included on the disc that he was informing you about? MR. LINK: Mr. Epstein, I am going to instruct you not to answer. BY MR. SCAROLA: Q Have you ever received any documents that were represented to have been included on that disc? MR. LINK: Object to the form. If you can answer that question without disclosing our communications you can answer it. THE WITNESS: Anything I received, I Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793436 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 37 of 97 28 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 received from my attorneys. BY MR. SCAROLA: Q Yes. And I want to know whether you ever received any of -- any documents that were represented to you to have been printed from data on the disc that Mr. Link told you about in February of 2018. MR. LINK: So, again, without disclosing our communications, you can simply tell him whether you were provided generally any documents, without disclosing any specific documents or our communications. THE WITNESS: I don't believe so. BY MR. SCAROLA: Q What specific documents that originated on the disc did you receive? MR. LINK: So, I'm going to instruct you not to answer that question based on attorney -client and work product. BY MR. SCAROLA: Q How many documents did you receive? MR. LINK: That question you can answer, if you remember. THE WITNESS: I don't remember. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793437 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 38 of 97 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SCAROLA: Q Can you characterize in any way the volume of documents that you received that you understood originated on the disc? A I don't recall. Q Was it more than one? A Probably. Q Was it more than two? A Probably. Q Was it more than three? A I don't know what you mean by documents. Are you talking about pages? Q Yes. Let's be very specific. Did you receive more than three pages that you understood to have been printed out from the disc? MR. LINK: Let me think about the question for a minute. You can answer that question. THE WITNESS: Yes. BY MR. SCAROLA: Q Was it more than 10? A I would say less than 100, so we don't have to go through numbers. Q That does indeed save us some time. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793438 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 39 of 97 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 Was it more than 50? A I don't recall. Q Was it probably more than 50? A I don't recall. Q So the best you are able to tell us is that it was, more likely than not, more than three and less than 100 pages, and you can't narrow it down any further than that; is that correct? A Correct. Q How did you receive those pages? A I don't recall. Q Were they electronically transmitted to you? A I don't recall. Q Do you have any recollection of ever having received hard copies of documents generated from the disc? MR. LINK: Object to the form. You are talking about from me? MR. SCAROLA: No, I didn't ask that. THE WITNESS: Anything separate my attorneys, nothing. BY MR. SCAROLA: Q Pardon me? A Anything separate from the attorneys, nothing. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793439 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 40 of 97 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 Okay. Well, that's not my question. A Okay. Q Did you ever receive from anyone any hard copies of pages that you understood to be generated from the disc? MR. LINK: Okay. So, I am going to object to the form. There are thousands of pages that have been produced in this case from the disc. So that general generic -- MR. SCAROLA: Mr. Link, that's not a legal objection. If you have a legal objection, please state it. Anything other than that is nothing more than an attempt to coach the witness. MR. LINK: It's not. It's an objection to the form. MR. SCAROLA: That's fine. I understand. BY MR. SCAROLA: Q Could you answer the question, please? A Could you repeat it? Q Yes, sir. Did you ever receive any hard copies of documents -- pages that you understood to have been Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793440 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 41 of 97 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 generated from the disc? A Yes. Q On how many separate occasions did you receive pages in hard copy form that you understood to have been generated from the disc? A I would say less than 20. Q Twenty occasions? A Less than 20. Q Let's go through each of those that you can remember and tell me about those occasions on which you recall having received hard copies of pages, which you understood to have been generated from the disc. A Have you asked a question? Q Pardon me? A Have you asked a question? Q Yes. A What's the question? Q I want you to tell me about each of the occasions -- we will start with the first one, chronologically, when you received hard copies of pages that you understood to have been generated from the Fowler White disc that Mr. Link told you about in February of 2018. MR. LINK: Okay, you can answer that specific question. It's a different Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793441 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 42 of 97 33 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. THE WITNESS: Sometime in February I was handed, from my attorneys, some documents. Is what I recall. Some documents from my attorneys. I was handed some documents. BY MR. SCAROLA: Q Who specifically handed you those documents? A Darren Indyke. Q Where were you? A I believe in New York. I can't be certain. Q How many pages did Mr. Indyke hand you on that occasion? A Less than 100. Q Were those pages accompanied by any cover letter? A Not that I recall. Q Were they accompanied by any summary of the contents? A Not that I recall. Q Were they accompanied by any index? A Not that I recall. Q What did Mr. Indyke tell you about the documents when he gave him to you? MR. LINK: I'm going to instruct you Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793442 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 43 of 97 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 not to answer that question based on attorney -client privilege. BY MR. SCAROLA: Q What did you do with the documents when you received them? A I read them, to the best of my recollection. Q Did you read them in their entirety? A I don't recall. Q What did the documents say? Let me withdrew that question. If you were asked to recount the content of the documents, as you sit here today, would you be able to describe the contents of the documents? A Some of them, I think. Q Approximately, how many documents are there as to which you have the ability, as you sit here today, to describe the contents? A When you say documents, you mean pages? I'm sorry? Q Yes, sir. Pages. A Well, I can remember the emails with respect to Brad Edwards -- Q Excuse me. Pardon me. I'm stopping you, sir. That's no responsive to my question. And I don't want you on this record to be disclosing the content of Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793443 Case 09-34791-RBR Doc 6482 Filed 10/19/18 Page 44 of 97 35 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 any privileged documents. My question is not to ask you to describe the content of those privileged documents, but to tell us how many pages of privileged material you have retained a recollection of that would enable you to describe that content as you sit here today. So how many pages? MR. LINK: You can answer that question. I want to note for the record that you have made an assertion of privilege. We have challenged that privilege. And no court has ever made a determination that they are, in fact, privileged. With that statement, you can answer the question, if you can. THE WITNESS: I'm sorry. Can you repeat the question? BY MR.