10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: That's a private residence? MR. GOLDBERGER: That is his home. THE COURT: Does he own the residence? MR. GOLDBERGER: He does, Your Honor, THE COURT: Is there any possibility that he no longer owns the residence? . MR, GOLDBERGER: Not anticipated, Your Honor. THE COURT: Okay. Should he not be for whatever reason -- 18-months is a long time, should he not be owning that residence or able to reside there, he will have the obligation of notifying his probation officer prior, and I emphasize this, prior to his release from custody. I assume that the department will be notified prior to, to his release? PROBATION OFFICER: That is doxeedt, Your Honor. THE COURT: And then you would need to send someone to meet with him before he walks out of the Palm Beach County jail and verify his address and employment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180735

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10 11 12 13 14 15 “16 17 18 19 20 21 22 23 24 25 nn ee LY 18 information? THE “PROBATION OFFICER: That is correct. COURT: All address -- I assume all of this. to and from work and any other approved activities restricts him to Palm Beach County, is that correct? PROBATION OFFICER: That is correct, Your Honor. THE COURT: So let's be clear, everything, from the day he walks out occurs in MR. Palm Beach County, is that clear? GOLDBERGER:: We understand, -Your Honor, That's correct. THE condition COURT: ‘Then the additional of his probation, they are not sex offender standard conditions, they are just conditions that are being imposed especially in this case? MS. THE BELOHLAVEK: Correct. COURT: They are as follows, you shall submit to a mandatory curfew from 10 p.m. to 6: 00 a.m. regardless of any other restrictions regarding work or approved activity, there will be no exceptions to being at home in house from 10 p.m, to 6 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER . — $$$ EFTA00180736

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 a.m., is that correct? MS. BELOHLAVEK: Yes. eS SS 9 THE COURT: If the victim was under age of 18 years which I gather is the case because it's circled, you shall not live within 1000 feet of a school, day care center, park, playground or other place where children regularly congregate. Has someone verified that 358-El Brillo is such a place? MS. BELOHLAVEK: No, but that will be done prior to his release. | THE COURT: So 358 El Brillo will not be approved if it should happen to be one thousand feet from a school, day care center, park, playground or other place -- this is rather open. MR. GOLDBERGER: Where children gather. THE COURT: Where children regularly congregate. MS. BELOHLAVEK: Right. THE COURT: The Court knows 358 El Brillo Way is a residential neighborhood, are there areas there where children PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180737

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1 | 1 regularly congregate? | Py)? "S-BELOHERVEK: “T personally do not ==" 7 : 3 know. | 4 THE COURT: Neither do I, which is | 5 why I'm asking. Has that been | 6 investigated? : | | 7 MR, GOLDBERGER: We have done our due | 8 diligence, for what it's worth, there isa | 9 residential street. There are not children | “10 congregating on that street. We think the 11 address applies, if it doesn't, we fully | 12 recognize that he can't live there. | f 13 THE COURT: Okay. D is, you shall a) 14 not have any contact with the victim, are | 15 there more than one victim? { 16 MS, BELOHLAVEK: There's several. 17 : THE COURT: Several, all of the | 18 victims. So this should be’ plural. I'm ; 19 making that plural. You are not to have 20 any contact direct or indirect, and in this | 21 day and age I find it necessary to go over . 22 exactly what. we mean by indirect. By | 23 indirect, we mean no text messages, no 24 e-mail, no Face Book, no My Space, no i C) 25 telephone calls, no voice mails, no | | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180738

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10 11 12 13 14 15 16 17 18 “19 20 21 22 23 24 25 21 messages through carrier pigeon,. no “messages through-third-parties;—no-hey——— would you tell so and so for me, no having a friend, acquaintance or stranger approach any of these victims with a message of any sort from you, is that clear? THE DEFENDANT: Yes, ma'am THE COURT: And then it states, unless approved by the victim, the therapist and the sentencing court. Okay. THE DEFENDANT: I understand. THE COURT: And the sentencing court. So, if there is a desire which, I would think would be a bit strange. to have contact with any of the victims the court must approve it. MS. BELOHLAVEK: Correct. THE COURT: If the victim was under the age of 18, which was the case, you shall not until you have successfully attended and completed the sex offender program. So, is this sex offender program becoming a condition of probation? MS. BELOHLAVEK: That is not. I don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180739

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~~) 10 11 12 13 14 1s. 16 17 18 19 20 21 22 23 24 25 22 THE COURT: You did. MR, GOLDBERGER? That's a mistake on our part, Actually the statute that he is pleading guilty to does not require the -- THE COURT: I understand that, but you circled it. MS, BELOHLAVEK: I apologize, that one is not. He has already been in treatment with a private psychiatrist. THE COURT: Which you find to be an adequate substitute for sex offender program? MS. BELOHLAVEK: I -- it is not rewiised and based upon the evaluation and my: contact with that doctor, I don't believe it's necessary at this point. THE COURT: Has that been -- I assume - you have a law degree and do not have a Ph.D in a psychology or MD in psychiatry? MS. BELOHLAVEK: That is correct, I don't. THE COURT: So it is just your judgement MS. BELOHLAVEK: Correct. THE COURT: -- that his treatment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180740

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10 11 12 13 14 15 16 “47 18 19 20 21 22 23 24 25 23 with some fancy private psychiatrist or peychotog+st~in-hie—cave—te—chayt—— MS. BELOHLAVEK: That is correct. THE COURT: So you are not imposing E? MS. BELOHLAVEK: Correct. THE COURT: F, if the victim was under the age of 18, you shall not work or play or as a volunteer in any school, day care center, park, play ground or other place where children regularly congregate, is that understood? THE DEFENDANT: Yes, ma'am. THE COURT: Children will be defined as anyone under the age of 18. There are a lot of places where children regularly congregate. What kind of work do you do? THE DEFENDANT: Banking. THE COURT: Here in Palm Beach County? 7 THE DEFENDANT: Virgin Islands, ma'am, THE COURT: You understand you will . not travel from Palm Beach County for the duration of this? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180741

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a MR GOLDBERGER? Your Honory Im } 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24° THE DEFENDANT: Yes, ma'am. sorry to interrupt, we do cover the employment later in the agreement as to what he is going to be doing during the one year that he is on community control. THE COURT: Okay. And let me -- condition G, which is circled, unless otherwise indicated in the treatment plan provided by sexual offender treatment program. MR. GOLDBERGER: That's not in there. THE COURT: Is that what you want? MS. BELOHLAVEK: No. THE COURT: But you do want the, you will not view, own or possess any obscene pornographic -- MS. BELOHLAVEK: Correct. THE COURT: Okay. But are you saying that this therapist can okay him to own certain pornographic material? MS. BELOHLAVEK: No, not at all. “MR. GOLDBERGER: No, Your Honor. THE COURT: Would be really helpful if people read these things before they PHYLLIS A, DAMES, OFFICIAL COURT REPORTER EFTA00180742

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f i i ” 1 signed them thoroughly. | Se UT LSS OCHSLWI BS Indieated rte —— ; 3 treatment plan, I'm just going to strike | | 4 out, provided by the sexual offender | { 5 treatment program. Is that what you 6 intend, that his therapist can -- 7 MS, BELOHLAVEK: No. . 8 = THE COURT: No? 9 MS. BELOHLAVEK: No. | 10 THE COURT: Unless otherwise 11 indicated. i . 12 MR. GOLDBERGER: The parties have f _ 13 agreed that during the period that he is -- re) 14 cannot be .- ; ; | 15 _ THE COURT: Condition G will now 16 read, you shall not view, own,. possess any | 17 obscene, pornographic or sexually | 18 stimulating visual or auditory: material 19 including telephonic, elestxenic media,- | | 20 - computer program or computer services that | { 21 are relevant to your deviant behavior | 22 pattern. And who is going to enforce that? | | | 24 ‘control officer, bP } 25 THE COURT: How? | 23 MS. BELOHLAVEK: The community PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | I EFTA00180743

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: 1 MS. BELOHLAVEK: They have the { 7 yor igatton and included in there for =” ~~ 7 3 warrantless search to check at any time his | | 4 home, his computer, anything he has contact | 5 with. . 6 THE COURT: And do they regularly do | 7 that?. 8 PROBATION OFFICER: Yes, ma'am. 9 THE COURT: Since ve have the 10 pleasure of having someone from the 11 ' Department of Corrections here. 12 Okay. H, you shall submit two —_ 13 specimens of blood to the Florida ‘OO 14 Department of Law Enforcement to be 15 registered in the DNA data bank. { . 16 J, you shall submit toa : 17 warrantless search by your probation 18 - + officer or community control officer of ; 19 your person, residence or vehicle. 20 G -- where is the G? ' | 21 MS, BELOHLAVEK: That was under the | 22 original part, not under the sex offender | 23 one. [ 24 THE COURT: Okay. Defendant to have io 25 contact with the community control officer PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180744

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PHYLLIS A. DAMES, OFFICIAL COURT REPORTER ‘ 1 at a minimum one time a week. > —____2-____________-______De fendant_to..work_at-Florida—————-_.__ _ 3 Science Foundation, 250 Australian Avenue, 4 West Palm Beach, Florida. Is that 5 volunteer work or work for pay? 6 MR. GOLDBERGER: It is a 501C 7 corporation that he has formed, Your Honor, 8 that will be doing charitable work. a THE COURT: That he has formed? 10 .MR. GOLDBERGER: Yes. 11 THE COURT: What exactly is Florida 12 Science Foundation? - 13 MR. GOLDBERGER: Do you want to a, "14 explain? 15 THE DEFENDANT: It funds science 16 programs around the state and the country, 17 THE COURT: How long hes it been in 18 existence? 19 THE DEFENDANT: Fifteen years. 20 THE COURT: How many programs has it 21 funded? | 22 THE DEFENDANT: Numerous, more than 23 50. | 24 THE COURT: What is your position | . 25 with the organization? | EFTA00180745

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i 10 iL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 THE DEFENDANT: President. directors? THE DEFENDANT: Yes, ma'am. THE COURT: Who's on the board of directors? THE DEFENDANT: Two attorneys. THE COURT: What exactly do you do? THE DEFENDANT: I'm an investment banker but my -- THE COURT: No, no, I mean with the science foundation. THE DEFENDANT: We fund science programs -- THE COURT: I don't want to know what we do, I want to know what you do. How often are you there? THE DEFENDANT: I'm there every day, I research, I take in people who want to make presentations about why they need money for funding medical research, advanced science research. My background is in physics. I go through all the programs in detail, review the science work potentials, I follow through on a daily PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180746 HE—COUR-T-;-—Is—there—a_boaxrd—of—___--_—___—___—__

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29 . 1 basis with what they have been given money . 3 THE COURT: Who are some recent 4 grantees? 5 THE DEFENDANT: Harvard University. 6 There is a full program of Evolutionary 7 Dynamics, Neuro Science Institute of 8 California, the Physics Institute, MIT. 9 . THE COURT: Do you ever have occasion 10 to deal with anyone under the age of 11 eighteen? 12 THE DEFENDANT: Not very often, It _ 13 is, if someone is in college -- sorry. OO) 14 THE COURT: Right, that's why I'm 15 asking the question. 16 THE DEFENDANT: Most of the people I 17 fund are all usually professors. 18 THE COURT: Thank you. You 19 understand that you can't have contact with 20 anyone if --.this organization, do they 21 ever have any involvement with high 22 schools? . 23 THE DEFENDANT: No, ma'am. 24 THE COURT: Students or teachers? 25 THE DEFENDANT: No, ma'am. ‘ PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180747 |

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a 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 THE COURT: Okay. ~y 2 MS BELORGAVER?T Those are duplicates, you will see those are the same as the ones on the previous page, however, it was reproduced. THE COURT: The next condition, you shall maintain, a driving log. You shall not drive a motor vehicle while alone without prior approval of your supervising “officer. If there was sexual contact, you shall submit to at probationer's or community controllee's expense an HIV test with results to be released to the victims, victim's parent or guardian -- will be victims, plural. Has that been done? MR, GOLDBERGER: Not yet. , THE COURT: Do we have a time frame on that? I would think ASAP might be good on something like that. MS, BELOHLAVEK: I believe they can actually do that.at the jail. THE COURT: At his expense? MS, BELOHLAVEK: Yes. THE COURT: I would request that that PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | EFTA00180748

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31 be done within 48 hours? You shall not obtain or usé a pos _ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 office box without prior approval of the supervising officer. Okay. Are all those conditions you two have agreed to? MS. BELOHLAVEK: Yes, Your Honor. MR. GOLDBERGER: With the court's amendments, yes. THE COURT: Mr. Epstein, do you understand? THE DEFENDANT: Yes, ma'am. THE COURT: I need the defendant to sign number D where I had an s added to victim, and G, we struck out the otherwise indicated language. Otherwise, it is as you agreed. Mr. Epstein, do you understand this is a somewhat complicated terms of the plea that you've agreed to? THE DEFENDANT: Yes, ma'am THE COURT: Do you have any questions about the terms of the plea? | THE DEFENDANT: No. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | THE COURT: Can I ask the State why | I EFTA00180749

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« 1 3 you choose -- or defense and the State 2 | og together, why twelve months in the pala , i) 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Beach County jail followed by six months? Why not just send him to DOC? MR, GOLDBERGER: It was the agreement of the parties, Your Honor. .We just decided that was the best way to accomplish what needed to be done here and the parties agreed that that sentence satisfied everyone's requirements. THE COURT: The taxpayers of Palm Beach County is going to pay 18 months to house this guy instead of DOC? MS. BELOHLAVEK; Right. THE COURT: You understand we're losing positions left and right in county government because we haven't got enough money but you want -- okay. His requirement to register there is many, many -- there is nine pages outlining the sexual offender's requirement to register with the department and penalty, have you read all those, Mr. Epstein? THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180750

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1 THE COURT: Do you understand you | 7 2 w @ required to register and this will” ~~ — . 3 be an ongoing life long obligation? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: And this registration 6 occurs when? 7 MS. BELOHLAVEK: Within 48-hours of | 8 release. . | 9 THE COURT: So when he gets out of | 10 the Palm Beach County jail, he needs to 11 register? Okay. And the department -- who 12: is going to provide him with the form? _ 13 , MR. GOLDBERGER: He actually ) 14 registers out at the Sheriff's Office, Your 15 Honor, we can do it out there. 16 THE COURT: Okay. It has been 17 brought to my attention that FDLE is the | 18 ; one who is statutorily required to handle 19 these registrations but some of our . 20 municipal jurisdictions have taken it upon i 21 themselves to impose additional | . 22 requirements, y'all understand that? : | 23 MS. BELOHLAVEK: Correct. | 24 MR. GOLDBERGER: Right. . | ) 25 THE COURT: What you are telling him | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180751

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1 “or ror inn registrations 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ln a inne a ne ee - 34 he has to do is the official State of MS. BELOHLAVEK: Correct. THE COURT: Mr. Epstein, I need to make sure you understand that that's what's required by this plea. Anyone on probation, community control is required to live and abide by the laws. So ifa jurisdiction you choose to reside in should have some additional municipal requirements you will be required in order to comply with the law of living there, just like you can't get a parking ticket or speeding ticket, to comply with those regulations but I want to make sure you understand because I have seen some defendants who have been confused about this. If.you don't, for example, if the Town of Palm Beach has you register that does not take care of your requirement. Your requirement to register with FDLE through the Sheriff's office is separate, distinct and must be done on their form according to their schedule. THE DEFENDANT: Yes,, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180752

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— 1 THE COURT: And if my experience the Ty OO Tat ten months is of any value, they are - 3 - very serious about enforcing this. They | 4 will be tracking you for the rest of your { 5 life. Do not move. Do not go -- I don't 6 care when you are done with community | 7 control, they need to know exactly where : 8 you are and if you go anywhere without 9 registering, they will find and you will be { 10 locked up. . 11 THE DEFENDANT: Yes, ma'am. 12 ‘ THE COURT: Okay. Any questions am, 13 about that? ) 14 THE DEFENDANT: No, ma'am. | 15 THE COURT: Did you read the plea in ; 16 . the circuit court form that describes all 17 the rights you are giving up by entering 18 , this plea? 19 THE DEFENDANT: Yes, ma'am. | 20 : THE COURT: I’ think I asked you | 21 before, can you read? 22 THE DEFENDANT: Yes. | 23 THE COURT: Are you under the 24 influence of alcohol, drugs.or medication re 25 today? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180753

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1 THE DEFENDANT: No, ma'am. yo THE COURTYNOEMA ITTY Cai ary | 3 prescribed medication? 4 THE DEFENDANT: Only for cholesterol. 5 THE COURT: Does that interfere with 6 your mental ability? 7. , THE DEFENDANT: No. 8 THE COURT: Do you understand you 9 have an attorney, you have a right to trial 10 by jury, there is not going to be a jury | 11 trial. There won't be witnesses called. 12 ‘ That your attorney and you would have a | - 13 right to confront and cross examine, do you oO 14 understand you have a right to call 15 witnesses of your own and the court would | 16 issue subpoenas to compel their attendance 17 just like any other witness called by the 18 State, that you have the right. -- absolute | 19) right to remain silent and that you would | 20 not have to say or do anything at the trial | 21 if there were a trial, do you understand 22 those rights? 23 ‘THE DEFENDANT: Yes, ma'am. | 24 THE COURT: Do you understand if you ro) 25 are not a United States citizen your plea | i PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | | ' EFTA00180754

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' | i 1 could subject you to deportation pursuant | > regulations governing the ~~” | a 3 United States Immigration and | | 4 Naturalization Service and this court has | ¢ 5 no jurisdiction or authority in such 6 matters, do you understand that? [ ” THE DEFENDANT: Yes. 8 THE COURT: Has anybody threatened 9 you, coerced you or promised you anything 10 other than the terms of this plea to get 11 you to enter this plea? 12 THE DEFENDANT: No. _ 13 THE COURT: Do you understand this is | 3S 14 a plea in criminal court? | | 15 THE DEFENDANT: Yes, ma'am. . 16 THE COURT: This has -- in criminal 17 court in Palm Beach‘ County, State of 18 Florida. I have absolutely nothing to do | 19 with any civil matters or matters in any | | 20 other jurisdiction, do you understand that? 21 THE DEFENDANT: Yes, ma'am, | 22 : THE COURT: Is this plea in any way | | 23 tied to any promises or representations by 24 any civil attorneys or other jurisdictions? i 25 . MR. GOLDBERGER: May we come sidebar PHYLLIS A. DAMES, OFFICIAL COURT REPORTER } ‘ i EFTA00180755

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VO 10 11 12 a2 14 15 16 17 18 19 20 21 22 23 24 25 3 on that, Your Honor? recorded. MR. GOLDBERGER: That's fine. THE COURT: Defendant needs to approach as well. ' (Whereupon, there was a conference at the bench.) MR. GOLDBERGER: The reason why I asked to come sidebar, there is a nonprosecution agreement with the United States Attorney's office that triggers asa result of this plea agreement. In other words, they have signed off and said they will not prosecute Mr. Epstein in the Southern District of Florida for any offense upon his successful taking of this plea today. That is a confidential document that the parties have agreed to. Just in an abundance of caution, I wanted to tell the court. THE COURT: I understand, that would also be invalidated should he violate his community control? MR. GOLDBERGER: Absolutely. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | | EFTA00180756

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 nonprosecution agreement -- out. THE COURT: Mr. Epstein needs to come closer. Mr. Epstein, your attorney has told me that in addition to everything, we talked about another Inducement, shall we ‘gay, to your taking this plea is that the U.S. Attorney for the Southern District of the State of Florida, federal prosecutor, has agreed to a nonprosecution agreement with you, meaning that if you successfully complete probation and do everything you're - supposed to, they have, have agreed not to prosecute you federally, did you understand that? THE DEFENDANT: Yes, ma'am, THE COURT: And I would view that as a significant inducement in accepting this plea. MS. BELOHLAVEK: . They are actually in court here today, also. THE COURT: Okay. MR. GOLDBERGER: And the plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER “MS. BELOHLAVER; They spell all that — EFTA00180757

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UO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 agreement very carefully spelled out if —there-was—a- breach -that—woutd-viotate-this—————— agreement, so we are well aware of it. THE COURT: Okay. I would request that a sealed copy of that -- Mr. Epstein has signed that document? MR. GOLDBERGER: Yes, I would.like to “geal the copy. . THE COURT: I want a sealed copy of that filed in this case. That is the only other condition of the agreemént that is influencing this defendant to make this decision? MR. GOLDBERGER: “Absolutely. I think that's the right idea. (Return to open court.) THE COURT: Mr. Epstein, is there anything else? THE DEFENDANT: No, ma'am. THE COURT: Because I don't take these pleas unless they are freely and voluntarily made. THE DEFENDANT: I understand that. THE COURT: I also don't want somebody or anybody coming back a year, PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180758

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. 41 — 1 ’ two years from now saying, oh no, no, they yest We OVER Ene ead OF Te there te . 3 : anything else that is influencing you to | 4 make this decision, then I need to know 5 about it. 6 THE DEFENDANT: I understand that. | 7 MR. GOLDBERGER: Thank you. 8 ; ‘THE DEFENDANT: Thank you very much, 9 Your Honor. 10 (Return to open court.) 11 THE COURT: All right, Mr. Epstein, 12 , any questions about the rights you are ces 13 giving up by entering this plea? -) 14 THE DEFENDANT: No ma'am. 15 THE COURT: State, please give me a 16 factual basis. { . 17 MS. BELOHLAVEK: In 069454 CF AMB, 18 between August 1, 2004 and October 31, | 19 2005, the defendant in Palm Beach County | 20 did solicit or procure someone to commit | 21 prosecution on three or more occasions. 22 7 And in 08 CF 9381 CF AMB between | : 23 August 1, 2004 and October 9, 2005, the 24 defendant did procure a minor under the age | o ) 25 of 18 to commit prostitution in Palm Beach: ~ PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | EFTA00180759

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10 11 12 13 - 14 15 16 17 18 19 20 21 22 23 24 25 42 County also. THE COURT: I find a sufficient ; : factual basis to support the pleas. Are all of the victims in both of these cases in agreement with the terms of this plea? MS. BELOHLAVEK: I have spoken to several myself and I have spoken to counsel, through counsel as to the other victim, and I believe, yes. THE COURT: And with regard to the victims under age eighteen, is that victim's parents or guardian in agreement with the plea? | MS. BELOHLAVEK: That victim is not under age 18 any more and that's why we spoke with her counsel, THE COURT: And she is in agreement with the plea? MS. BELOHLAVEK: ‘Yes. THE COURT: And community control will be given information concerning how to contact these victims? MS. BELOHLAVEK: Yes. THE COURT: Confidentially. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180760

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= 2 ae fendant but will be used exclusively tor — ee | ‘ 5 11 | 12 13 re) 14 | 15 16 t° 17 18 19 21 22 | 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 43 information will not be related to the ' purposes of verifying compliance with this agreement? MS. BELOHLAVEK: Yes. THE COURT: Is there anything else from anybody else before I accept this plea? MR, GOLDBERGER: No, Your Honor. THE COURT: Mr. Goldberger, if it is your desire, you may enter your client's plea. MR. GOLDBERGER: Thank you, Your Honor, at this time. we would withdraw our previously entered pleas of not guilty, enter pleas of guilty pursuant to negotiations with the State. THE COURT: Mr. Epstein, I am going to accept those pleas on your behalf. I find you are intelligent, alert, you understand what is going on here and the . | consequence of entering this plea, you are doing it freely and voluntarily. Pursuant to the plea, I am waiving | a PSI, I will sentence you at this time | EFTA00180761

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44 1 pursuant to it. I will adjudicate you i 7 ~ 2 guilty of felony “solicitation of 3 : . prostitution, a third degree felony, case 4 number 06 CF 00945A -- 454 AMB, and f 5 procuring a person under 18 for 6 prostitution, a second degree felony 08 CF | 7 009381AMB. 8 with respect to the solicitation 9 of prosecution, I will sentence you to j 10 twelve months in the Palm Beach County 11 detention facility with credit for the one 12 day served. 130 weum respect to 08 CF 009381, I re) 14 will sentence you to six months in the Palm | 1s Beach County detention facility, with 16 credit for the one day served, That six 17 month sentence is to be served consecutive | , 18 to the twelve month sentence. : . 19 Following the six month sentence | 20 you will be placed on 12 months of | 21 community control. That will be on both 22 cases, I assume, to run concurrently, 23 ; correct? ‘ | 24 MS. BELOHLAVEK: Only on the 08 case. ‘ 25 THE COURT: Only on the second degree ' PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180762

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 felony? that designates him a sexual offender. THE COURT: Okay. So only on case number 08 CF 009381AMB will you be.on one year community control which would then invoke a potential penalty of fifteen years were you to violate. The special conditions are that you are to have no unsupervised contact 5 ——-MS>—BELOHLAVEK? Correct, the one with minors and the supervising adult must be approved by the Department of Corrections. You are to be designated a sexual offender pursuant to Florida Statute 943.0435 and you must abide by all requirements of that statute which I have read and we have discussed. You will remain confined to your residence except one half hour before and after your approved employment, community service work or other activities approved by your probation officer. You will maintain an hourly accounting of all your activity on a daily log which you submit to the supervising officer upon request. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180763

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 You will be residing at 358 El ———pritto-way; Pain Beach; fiortda—334¢807——— Should you desire to move or go to a different location upon release from custody, you will get preapproval of that location from the Department of Corrections. You will have to contact your community control officer a minimum of once a week, it can be more often at their discretion and you are to work at the Florida Science Foundation at 250 Australian Avenue in West Palm Beach, Florida. You will submit to a mandatory curfew of 10 p.m. to 6 a.m, You shall not live within a thousand feet of a school, day care center, park, playground or other place where children congregate. You shall not have any contact with the victims, directly or indirectly including through a third person unless approved by victim's therapist and the sentencing court. You shall not work for pay or as a volunteer at any school, day care center park, play ground, other place where PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180764

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10 -11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 children may congregate. You shall not view;—ownor—possess any obscene pornographic or sexually stimulating or visual, auditory material including telephone, electronic media, computer programs, computer services that are relevant to deviant behavior. You shall submit two specimens of blood to Florida Department of Law Enforcement to be registered with the DNA data bank. You shall submit to a warrantless search by the probation officer or community control officer of your person, residence or vehicle. . You shall maintain a driving log. You shall not drive a motor vehicle while alone without prior approval of the - supervising officer. You shall submit to, at probationer or community control expense a HIV test, the result of which is to be released to the victims or victim's parent or guardian. That has to be done within 48 hours. You shall not obtain or a use post PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180765

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Ss 48 1 office box without the prior approval of | a the-supervising- officer. - 3. MS. BELOHLAVEK: You forgot one that | 2 you may not possess, own or view sexually | 5 stimulating -- I don't believe you read 6 that outloud just now. | 7 THE COURT: Yes, I did. 8 MS. BELOHLAVEK: I'm:sorry, I didn't. 9 ——- hear it. I just wanted to make sure. 10 THE COURT: And the warrantless 11 search by the community control officer of | 12 , the person, residence or vehicle -- _ 13 understand the person, residence or vehicle WO 14 includes anything you might possess like “15 computer, a cell phone and whatever other 16 ; ' elaborate devices there are to communicate 17 electronically these days, okay. Good | 18 luck. 19 MR, GOLDBERGER: Thank you. | " 20 - MS. BELOHLAVEK: Thank you. | 21 THE COURT: Is there a judgment? 22 MR. GOLDBERGER: Yes, there should be 23 judgments. f 24 THE COURT: Was there a condition of “ ; 25 community control that he pay or is he ‘ PHYLLIS A. DAMES, OFFICIAL COURT REPORTER , EFTA00180766

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10 11 12 13 14 { 15 16 \ 17 18 19 i 20 21 | 22 { 23 24 A 25 49 paying it? MR.._GOLDBERGER:—_Actually there —is_a—— cash bond posted, court cost can be deducted from the cash bond. THE MS. THE cases? MR. THE MR. Honor. COURT: $574 is the total? BELOHLAVEK: Correct, COURT: Is that to cover both GOLDBERGER: Yes. COURT: Thank you. GOLDBERGER: Thank you, Your (Whereupon, at 9:48 o'clock a.m. the proceedings before the Court, concluded.) PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | EFTA00180767

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O 10 11 12 13 14 - 15 16 17 18 19 20 21 22 23 24 25 .50 CERTIFICATE THE STATE OF FLORIDA, COUNTY OF PALM BEACH. I, PHYLLIS A. DAMES, Official Court Reporter for the Fifteenth Judicial Circuit, Criminal Division, in and for .Palm Beach County, Florida; do hereby certify that I was authorized to and did report the foregoing proceedings before the Court at the time and place aforesaid; and that the preceding pages numbered from i through 49, inclusive, represent a true and accurate transcription of my stenonotes taken at said proceedings. “IN WITNESS WHEREOF, I have hereunto affixed my official signature this 19th day of July, 2008. PHYLLIS A. DAMES PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180768

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RECYCLED PAPER & TO REORDER CALL 954-846-9399 EFTA00180769

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PLEA IN THE CIRCUIT COURT . THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guilty _X Case No. Charge Count Lesser Degree O6CF009454AMB Felony Solicitation of Prostitution 1 No 3 FEL 08CF009381AMB Procuring Person Under 18 for Prostitution 1 No 2 FEL PSI; Walved/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. On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This sentence is to be served consecutive to the 12 month sentence in O6CFO09454AMB. The conditions of community control are attached hereto and Incorporated herein. OTHER COMMENTS OR CONDITIONS: Court Costs: $474.00 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 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 and - 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 this plea. Assistant State Attorney Attorney for the Defendant Date of Plea Defendant EFTA00180770

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PLEA.IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jefirey E. Epstein Plea; Guitty X OBCFOU94S44MB Felony SolicRation of Prosttution === 12 NO SEL O8CFO0E3S1AMB —_-Precuing Person Under 18 for Prostitution 1 No 2 FFL PSI: Walved/Not Required _X ' Required/Requested ___ ADJUDICATION: Adjudicate [x ] On Q6CFO0S454AMB, the Delendant is sentanoed to 12 months in the Palm Beach County Detention Faciity, with oredit for 1 (ane) day time served. Jel geabence l im Jes av as On O08CFO09381AMB, the Deiendant is sentenced to 6 months'in the Palm Beach County Detention Faciity, with credit for 1 (one) day time served. This 6 month sentence is to be served-consecutive to the-12-month sentence in OBCFOOS4S4AMB, Following this6 . - month sentence, the Defendant will be placed on 12 months Communky Contro! 1 (one). The-conditions of community contro! 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 wih minors, andthe supervising acu must be approved by Se Depermnest of The Defendant is desknated as a Sexual Offender pursuant to Florida Statute 943,0435 and must abide by all the comesponding requirements of the statute, a copy of which ts attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time of # | 1 i i i | ' i EFTA00180771

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948.401 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 tha parole and probation officer. 2. Confinement to an agreod-upon residence during hours away from employment and public service activities. ‘ ' 3. Mandatory public service, 4. Supervision by the Department of Corractions by means of an electronic monitoring device of system. a ; 5. “The standard conditions of probation sat forth in s. $48.03, (b) For an offender placed on criminei quarantine community control, the court shall require: 1, Blactronic monitoring 24 hours per day. 2 Confinement to a designated rasidonce during designated hours. . {2) ‘The enumeration of specific kinds of terms and conditions does not pravent the court from adding therato any other terms or conditions that the court considers proper. However, the sentencing court may only impose 2 condition of supervision allowing an offender convicted of 5. 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 state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretoforo imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, 2 probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase | 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 {s being sentenced for crimfnal transmission of HIV in violation of s. 775.0877 on criminal quarantine:community control. ‘The Department of Corrections shall develop and administer a criminal quarantine community control program emphasizing intensive supervision with 24-hour-per-day electronic monitorifig. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered. ( EFTA00180772

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"943.0435 Sexual offenders required to rogister with the department; penalty.-- (1) As used in this section, the term: {a)1, “Sexual offender” means a person who meets the criteria.{n sub-subparagraph a., sub subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: a.(l) Has been 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. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim Is a minor and the defendant is not the victim's parent or guardian; s, 794.011, oxcluding 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, axcluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s, 985.701(1); or any similar offonse committed in this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and () Has beer released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described in sub-sub-subparagraph (I). For purposes of sub-sub- subparagraph (I), a sanction Imposed in this state or fn any other jurisdiction-includes, but is not limited to,.a fine, probation, community control, parole, conditional release, control releuse, of incarceration in'a state prisoa, federal prison, private correctional faciity, or local detantion facility; b. Establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has bean designated as a sexual prodator, 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 were a resident of that state or Jurisdiction, without reyard to whether the person otherwise meets the criteria for registration as & sexual offender; ‘ c. Establishes or maintains a residence in this state who fs 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. 787.02, or s. 787.025(2)(c), where the victim fs a minor and the defendant is not the victim's parent or guafdian; s. 794.011, excluding s, 794.011(10); s. 794.05; s. 7%6.03; s, 796.035; s. 800.04; s, 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. $47.0735(4); s. 847.0137; s. 847.0138; s, 147.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated. from a former statute number to one of those listed in this __ SUb-subparagraph; or d. On or after July 1, 2007, has been adjudicated delinquent for 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 when the juvenile was 14 years of aye or older at the tinhe of the offense: ; (!) Section 794.014, quatuling s. 794.011 (10); (!) Section 800. 04(4)(b) where the victim fs under 12 years of age or where the court finds ” s@XUal activity by the use of force or coercion; : (lll) Section 800.04(5){c)1. where the court finds molestation involving unclothed genitals; oF = a | : | | | | EFTA00180773

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, Section -800.04{5)(d) where’ the court firs the use of force or coercion and unclothed tals. \ ; 2. Por all qualifying offenses listed in sub-subparagraph (1)(a)1.d., the court shall make a written finding of the ago of the offender at the time 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, 800.04(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 of did not involve the use of force or coercion, =~ . (b) “Convicted” means that there has been a determination of guilt as a result of @ trial or the entry of a plea of guilty or nolo contendere, regardiess of whether adjudication fs withheld, and includes an adjudication of delinquency of n juvenile as specified in this section. 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 Armad Forces of the United States, and includes a conviction or entry of @ plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but ts not limited to, & fine, probation, community control, parole, conditional release, coritrol relexse, or ' Incarceration in a state prison, federal prison, private correctional facility, or local detention ‘(c) “Pormanent residence” and “temporary residence” have the same moaning ascribed in s. (d) “institution of higher education” means a career center, community college, college, state ‘university, or independent postsecondary institution. © . i (e) “Chango in enrolment or employment status" means the commencement or termination of snrollment or employment or a change in location of enrollment or employment. ; (f) “Electronic matil address” has the samo meaning 2s provided in s, 668.602. (g) “Instant message name” moans an identifier that allows « person to communicate in real time with another person using the Internet. ‘ : 2) ‘Asexual offender shall: (a) Report in person at the sheriff's office: 1. Ih the county in which the offender establishes or maintains a permanent or temporary residence within 48 hours after: : a. Establishing permanent or temporary residence in this state; or b. Being released from the ciistody, control, or supervision of the Departmant of Corrections ot from the custody of a private correctional facility; or 2. Ih the county where he or sha was convicted within 48 hours after baing convicted for a qualifying offense for registration under this section if the offender is not in the custody or 7 EFTA00180774

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control of, or undor the suporvision of, the Department of Corrections, or is not in the custody ” of a private correctional facility. Any change in the sexual offender's pormanont or temporary residence, name, any electronic mail address and any instant message name required to be provided pursuant to (4)(d), after tho sexual offender reports In person at the shariff's office, shall be accomplished in the mannor provided in subsections (4), (7), and (8). - . . (>) Provide his or her name, date of birth, social security number, race, sax, height, weight, hair and eyo color, tattoos or other identifying marks, occupation and place of employment, address of permanent or legal residence or address of any current temporary residence, within the state and out of stata, 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 x brief description of the crime or crimes committed by the offendar. A post office box shall not be provided tn lieu of # physical residential address, 1. Hf the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chaptor 320, the sexual offender shall also provide to the department through the sheriff's office written notice of the vehicle identification number; the licerse tag number; .the registration number; and 2 description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the saxual offender's place of © residence {s a vessel, live-aboard versal, or housaboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the trianufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; anda 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 sheriff's office the namo, address, and county of exch institution, including each campus attonded, and the sexual offender's enrollment or employment status. Each change in <enraliment or employment status shall be reperted in person at the sheriff's office, within 46 hours after any change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change in the sexual offender's enrollment or employment status, When a sexual offender roports at the sheriff's office, the sheriff shall take a photograph and & sat. of fingerprints of the offonder and forward the photographs and fingerprints to the .departmont, along with the information provided by the saxual offender, The sheriff shalt . promptly provide to the department the information received from the saxual offender, (3) Within 48 hours after the report required under subsection (2), a sexual offender shall report in person at # driver's license office of the Department of Highway Safety and Motor Vehicles, unloss a driver's liconse or identification card that complies with the requirements of 5, 322.141(3) was previously secured or updated under s, 944.607, At the driver's licanse office the sexual offendor shall; {2) If otherwise qualified, secure « Floride driver's licansa, renew a Florida driver's license, or secure an identification card. The sexual offender shall identify himself or hersolf 2s a sexual offender who {s required to comply with this section and shall provide proof that the sexual offender reported as required in subsection (2). The sexual offender shail provide any of the information spacified in subsection (2), if requested. The sexual offender shall submit to tho taking of a photograph for use in Issuing a driver's license, renewed license, or identification card, and for use by the department in maintaining current records of saxual offendors. EFTA00180775

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{b) Pay the costs assastod by the Department of Highway Safety and Motor Vehicles for Issuing or Fenowing a drivor's licens: or identification card as requirad by this section. ‘The driver's Ucense or identification card Issued must be in compliance with s. 322.141(3). . (c) Provide, upon requast, any additional information necessary to confirm the identity of the - sexunt offender, including & sat of fingerprints. . ’ (4)(a) Each time a sexual offender's driver's license or identification card is subject to renewal, and, without regard to the status of the offender's driver's license or identification card, within 48 hours after any change in the offender's permanent or temporary residence or change in the offender's name by reason of marriage or other legal process, the offender shail report in person to a driver's license office, and shall be subject to the requirements specified in subsoction (3), Tho Department of Highway Safety and Motor Vehicles shall forward to the all photographs and information provided by sexual offenders. Notwithstanding the restrictions set forth ins. 322.142, the Department of Highway Safoty and Motor Vehicles {s authorized to ralease 2 reproduction of 2 color-photograph or digital-image license to the _ Department of Law Enforcement for purposes of public notification of sexual offenders as provided in this saction and ss, 943.043 and 944:606. {b) A sexual offender who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 46 hours after vacating the permanent residence, report in person to the sheriff's office of the county in which he or she is located. ‘The sexual offender shall specify the date upon which he or she intends to or did vacate such -retidence. The sexual offender must provide or update all of the registration information . “required under paragraph (2)(b). The sexual offender must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she fails _ tovestablish or maintain permanant or temporary residence, {c) A sexual offender who romains at a permanant residence after reporting his or her intent to Vacate such residence shall, within 48 hours after the date upon which the offender . indicated he or sho would or did vacate such residence, report in person to the agency to which he or sho reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. When the shoriff receives the report, the sheriff shall promptly convey the information to the departmont, An offender who makes a report as required under paragraph (b) but fails to make a report as required under this paragraph commits: felony of the second degree, punishable as provided in s, 775.082, s. 775.063, or s. 775,084. ' (d) A saxual offender must register any electronic mail address or instant message name with the department prior to using such alectronic mail address or instant massage name on or after October 1, 2007, The department shall establish an online system through which soxual ” offenders may securely accoss and update all electronic mail address and instant message name information. (5) This section does not apply to a sexual offender who is also 2 sexual predator, as defined in 5. 778.21. A sexuel predator must register as required under s, 775.21. (6) County and local law enforcernent agencies, in conjunction with the department, shalt verify tho addresses of soxual offenders who are not undar the care, custedy, control, or supervision of the Dopartment of Corrections in a mannar that js consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such vorification or required to be mat as a condition for the receipt of federal funds by the state. Local law enforcement agencies shall report to the department any failure by a saxual offender to comply with registration requirements, Zz ee ” a EFTA00180776

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{7) Asexual offender who intands.to establish residence in anothor state or jurisdiction othr . : ; than the State of. Florida shall report in parson to the sheriff of the county of current. residence : within 48 hours before tho date he or she intends to leave this state to establish residence in | another state or jurisdiction, The notification must include the address, municipality, county, . ! and stato of intended residence: The sheriff shall promptly provide to the department the . i information received from the sexual offender. The department shall notify the statewide law ! onforcernent agency, or 2 comparable agancy, In the intended state or jurisdiction of rasidonce - of the sexual offender's intonded rasidence. The failure of a sexual offender to provide his or her intended place of residence fs punishable as provided in subsaction (9). ; | ' | (8) Asexual offender who indicates his or har intant to reside in another state or jurisdiction: | other than the State of Florids and later decides to remain In this state shall, within 46 hours } aftar the date upon which the sexual offender indicated he or she would leave this state, . H report in person to the sheriff to which the sexual offander reported the intended change of | residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. A saxual offender who ruports his or her intent to reside in another state or jurisdiction but who remains in this state without reporting to the sheriff fn the manner required by this subsection commits a felony of the sacond degree, punishable as provided in s. 775.082, s. 775.083, or s. 775,084. (9)(a) A sexual offonder who does not comply with the requirements of this section commits a felony of the third degree, punishable as provided in s, 775.082, .s. 775.083, or s. 775.084. , (b) A Sexual offender who commits any act or omission fn Violation of this section may be _ prosecuted for the act or omission in the county in which the act or omission was committed, . the county of the Last registored address of the sexual offender, or.the county in which the ; i \ .@ortviction-occurred-for the offense or-offenses that meet-the criteria for designating’2 person ‘ | {c) .An arrest on charges of failure to registor when the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an . oo, information or a complaint for a violation of this section, or an arraignment on charges for a ity Molation of this saction constitutes actunl notice of the duty to register. A sexual offender's , wee failure to immediately register as required by this saction following such arrest, sorvice, or : arraignment constitutes grounds for a subsequent charge of failure to register. A soxual offencier charged with the crime of fadiure to register who asserts, or intunds to assert, a lack of notico of the duty to register as a defonsa to a charge of failure to register shall —- immediately register as required by this saction. A sexual offender who fs charged with a subsequent fatlure to register may not assert the defense of a Lack of notice of the duty to register, (4) Registration following such arrest, service, or arraignment fs not a defense and does not retievo the sexual offender of criminal liability for the failure to register. (10) The dapartmant, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, .tho Department of Juvenile Justice, any law enforcement agency in this state, -and the personnel of those dapartments; an elected or appointad official, public employee, or school administrator; or an omployee, agancy, or ary individual or entity acting at the request Of Upon the direction of any law enforcement agency fs immune from civil liability for damages for good faith compliance with the requirements of this section or for the-reloase of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or reloasing the information. The prasumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corractions, tha Department of Juvenile i i EFTA00180777

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Justice, the personnel of those departments, or any Individual or entity acting at the request __@¥ Upon the direction of any of those departments in compiling or providing information, or if information fs Incomplete or incorrect because 2 sexual offender fails to report or falsely reports his or. her current place of permanent or temporary residence, (11) Except as provided fn s. 943.04354, a sexual offender must maintain registration with the departmont for the duration of his or her life, untess the sexual offender has received a full pardon or has had a conviction sat aside in a postconviction proceading for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender: . . ’ ; ‘(a)1. Who has bean lawfully released from confinement, supervision, or sanction, whichever fs later, for at lemst 25. years and has not been arrasted for any felony or misdemeanor offenso since reloase, provided that the sexual offender's requirament to register was not based upon an adult conviction: : a. Por a Violation of s. 787.01 or s, 787.02; _ by Fora violation of s. 794.011, excluding s. 794.011{10); c. For a violation of s. 800,04(4)(b) where the court finds the offansa involved a victim under’ 12 years of age or sexual activity by the use of force or coercion; . 4. For a Violation of s. 800,04(5)(b); @. Por-a-violation of s. 800,04(5)c.2. where the court finds the offense invotved unclothed genitals or genital area; f. For any attempt or conspiracy to commit any such offensa;-or & For a violation of similar law of anothor jurisdiction, may petition the criminal. division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender. a 2. The court may grant or deny ratief if the offender demonstrates to the court that he or she has not been arrested for any crime since release; the requested relief complies with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal. of registration requirements for a sexual offender of required to be met as a condition for the receipt of federal funds by the state; and the court is othorwise satisfiod that the offender is not a current or potential threat to public safety. The state attorney in the circuit in which the petition {s filed must be given notice of the petition at least 3 weeks before the hearing on the matber. The state attornay may present evidence in oppesition to the requested retief or may otherwise demonstrate the reasons why the petition should be denied, If the court denies the petition, the court may set a future date at which the sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. 3. The department shall remove an offender from classification asa sexual offender for purposes of ragistration if the offender provides to the department a certified copy of the court's written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexunl offender. | EFTA00180778

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(b) As defined in sub-subparagraph (1)(a)1.b. must maintain registration with the department for the duration of his or har life until the person provides the with an order issued by the court that dasignated the person as a sexual predator, as 2 sexually violent predator, or by another sexual offender designation in the state of jurisdiction in which the order was. issued which states that such designation has been removed or demonstrates to the dopartmont that such designation, if not imposed by @ court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and provided such person no longer mast the criteria for registration as» savas offender under the laws of is state. , . (12) The Lagisiature finds that sexual offenders, especially those who have committed offenses - against minors, often pose a high risk of ongaging in sexual offenses oven after being releasod from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public's interest in public safety and In the effective operation of government. Rolewsing information concorning sexual offenders to law enforcement agencies and to persons who request such information, and the release of such information to the public by a law enforcement agancy or public agency, will further the governmental interests of public safoty. The dasignation of a person as a sexual offendar is not a sentence ora punishment but is simply the status of the offender which is the rasult of a conviction for having committed certain crimes. , . . (13) Any person who has rezson to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or noncompliance-with-the requirements. of this section: a, (a) Withholds information from, or dows not notify, the law enforcement agency about the saxual offender's noncompliance with the requirements of this section, and, if known, the wheroabouts of the saxual offender; , {b) Harbors, or attompts to harbor, or assists another person in harboring or attempting to harbor, the sexual offender; or (c) Concaals or attempts to conceal, or assists another person in concealing or attempting to ; conceal, the sexual offender; or . id) Provides information to the law enforcement agency regarding the sexual offender that the person knows to be false information, , nny falony of the third degree, punishable as provided in s. 775.082, s. 775,083, or s. 773.084, ; .? ; (14)(a) A sexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the shoriff's office in the county in which he or she resides or is otherwise located to reragister. (b) However, a sexual offender who ts required to register as a result of a conviction for: 1. Section 787.01 or s. 787.02 where the victim is a minor and the offender is not the victirn’s parent or guardian; ‘ EFTA00180779

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2. Section 794.011, excluding s. 794.011(19); 3. Section 800.04(4)(b) where the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion; : 4, Section 800.04(5)(b); 5. Section 800,04(5)(c)1. where the court finds molestation involving unclothed gonitals or genital area; . . 6. Section 800.04(5)c.2. where the court finds molestation involving unclothed genitals or gonital ares; . , 7. Section 800,04(5)(d) whore the court finds the use of force or coercion and unclothed genitals or genital area; . : . 8. Any attempt or conspiracy to commit such offense; or 9. A violation of a similar law of another jurisdiction, must rerogister each yaar during the month of the sexual offender's birthday and every third {c) ‘Tho shoriff’s office may determine the appropriate times and days for reporting by the . sexual offender, which shail be consistent with the reporting requirements of this subsection: Reregistration shall include any changes to the following information: ao ; 1. Name; social security number; aga; race; sex; date of birth; height; weight; hair and eyo color; address of any permanent residence and address of any current temporary residence, within the state or out of state, 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 an i paragraph (4)(d); date and place of any employment; vehicle make, modal, color, and license : tag number; fingerprints; and photograph, A post office box shall not bé provided in lieu of a 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 ‘ovide to the department tho. name, address, and county of oach institution, including campus attended, and the sexual ' offender's enrollment or employment status. ; H 2. If the saxual offender's place of residence is.a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, ‘the sexual offender shail also provide the. vehicle identification number; the licanse tag number; the registration number; and a 4, description, including color scheme, of the mator vehicle, trailer, mobile home, or “y ; manufactured home. If the sexual offender's place of residence fs a vessel, live-aboard wossol, or houseboat, as Wafined in chapter 327, the sexual offender shall also provide the hut - ; identification number; the manufacturer's serial number; the namo of the vessal, live-mboard | i ! vessel, or houseboat; the registration nunber; and a description, including color scheme, of the vessol, live-sboard vessel or houseboat, 4, Any sexual offender who fails to report in person as required at the sheriffs office, or who fails to respond to any addross verification correspondence from the department within 3 woaks of the date of the correspondence or who fails to report electronic mail addresses or EFTA00180780

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instant message names, commits a fatony of the third degres, punishable as provided in s. 775.082, s, 775.083, or s. 775.084. — , ffice shall, withi 2 working days, electronically submit and update all eee dad by the sexual offender to the department in 2 mannar prescribed by the “ha £ ! . % EFTA00180781

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ep 11/25/2808 15:28 3553626 GIRUUL! URLMLNAL ree STATE OF FLORIDA IN THE FIFTEENTH JUDICIAL Plaintiff . .. . . CIRCUIT COURT, IN AND FOR. soe CASE NUMBER SD2RCPONPISIAXXXMB Defendant = oe “DC NUMBER MaeES uo ORDER OF COMMUNITY CONTROL I This cause cing bef he Coun ob hurd ad you, ho defendant, bln 0 rs fee hours YP . having ’ ©) eantered a plea of guilty to o been found guilty by jury verdict of {2 entered a ples-of nolo comendere to .o eon fund guy by tho cout trying the eat without jut of Count J, SECTION 1: JUDGMENT OF GUILT [2 Thocourt hereby adjudgen you to be gully of the above offente(s). Now, thera! itis ordered and adjudged that ths sition of sentence ts horeby withheld and that you bs one Noten! fees perled of operon of the Dopartnatt of Conection, subject to F a law, SECTION 2; ORDER WITHHOLDING ADJUDICATION o to, ry tls ce nd ed tn tn aetention o l er i Probation for « period of __ under the supervision of the Department of , subject to Florida law, SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE Tein hereby ordered and adjudged that you be: Oo cemiedthe Depasent of Camction 0 tonfined fn the Cousty Jal fora term of ____ with oredie for_ Jail the. After you have served of the terme, yon hall bo phased oo Probation fora period of __ alert eperdvon on Deparment of Contin, se ject to Florida Jaw. B ll . ue amt — ee ni MY Ssh Wd 12 ‘He Ble aaa Poge 1 of 8 . Form Revised 05-18-08 visuD | EFTA00180782

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—— —— 11/ 25/2088 15:28 3553626 ULRUUL! UIKLMANAL ron wero ‘ ’ " ' ‘ JEFFREY EPSTEIN CASEHS02008CF009381AXXXMB xmas Eni ti iio it tas oy (1) Youll weet et often an devon, i uh ayo hme lm vi ted en. . poke 2 full end tru ryote your oat nth os provided fr Cat pop . oe aay tee ~ “ey si ii i ie na restore ue bee : aevordance with a, 948.08, FS, unig otherwise oxempred in in compliance with Floride Statutes, . 8. Q) Yeu il rman. pod pan in gto ota ray fost, first procuring thovonsent of your officer, » moe sage (4) vette are mayo er woe we whorl eH @) ‘You wil live without violating the low. Asani a outta sll not be meme aon ee (6) You will trot espoolare wither uen cogged ney cis! ally (1) oll tn tice weep my Sug nin ei ul Nor will you visit, plaopa whero intoxioants, foants, drugs of other dangerous subsutnoes are unlawfully 6014, dispensed or used, (8) You will te epi yo ep rtnna t yend best of your ability, 3 directed by your officer. (© ‘Yeo wil promptly an wfly answer al nges ret to yu by the cout the ef, nd allow yo oor ti , . your hone, at four senploymentelte or elsewhere, and you wil eomaply with al instructions your officer mny glve your” (ut py toc sont ner eran condos npsn evr Wi he a (11) You wil! submit to radon esting 0s direoted by your officer or the professlonal.steff of the treatment oonter where he/she Is. coon treatment to devermine the prasence of slocho! or illegal: drugs. 2. You willbe required to pay forthe tes unless exempt (a)You wl submit we bist pene asd by Your oo fhe DIVA anata prorat in, 949.325 end (13) You wl report in peace vith 72 hone of your risa from incarveration County, Florida, unless otherwise instructed by the court or depertment te i sonon zi yee ot eno checked.) Otherwise, you must report. immediately to 10 fae probation offi locoted at Page 2 of 8 Fortn Revised 03-18-08 EFTA00180783

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or ———-—— Do o3 ni ih AHH cp 11/25/2008 15:28 3853626 ULRUUL! USAMA rHee vosuo CAISSON 1 Seen ee a ceminmen mmmrerttrctn a ths renument, and be raposalble forthe payment of eny oops lnourred wile rucelving sed evluatlon and treatment, anion =” waived by the court,” . Additional instructions ordered’ _ NAME; TSI i tian pn esr — ah wv NAME Tora ong sa rl, cing spoelfe monthly amount, begin date, pot eet event SPECIAL CONDITIONS - + CONTINUED LD) 4. You will enter the Department of ot Comaias Nee Drs Tata roe er ren went Lot Restitution Conter for of successful completion by your officer, You sew . ee went muon Cot Pe pid Abeta oOo wiih of Kulea and Regulations rapt the Program, ta es pepo a . : the Sheriff will transport you to said program. . 4 4. You wil sbetin ently fom te une of aleohol andlor egal drugs, and you will not savosiate with anyone who ie legally sing drugs of consuming eloohol $, You will submit to urinalysis testing om 8 may bast dsl to prone fool rH! vee You will be roquired to pay forte teats unlogs axempt by the 6 Hee ie een tyr wn nnn 0 gis EN 1. You wl sveceshly oomplsis How of eommanlty sevice ata rats of __.. at « wee st» approved Wy, your Meettine)lnwrention trode __ t You wi mala yarns bem 10pm and 6m Go row ped oer de We oo 0.0 9. eal eS ener hyena cost of the moritoring serviee, ualiesa otherwise direoted by the oourt, , 10, ‘You will nog assoolage with __ during the period of eupervislon, a iW You will have no contaot (direst or indirect) with the victim or the viotims family during the perlod of supervision, . tet 12. You wil bave no oontaot (Aireet or indiveod with ___ during the perled of supervision, 1%, os wil mall ll tne mpeyment or tend schoo osatinsl hel Al ne rx eorblaation of echool wort . during the term of your supervisioa, 14, ea il mak «ge al ll oval compli bax natn nay ell rx gh choo quan oO o aunoaAaG a Oo 15, You will successfully complete the Probatiog ds Restitution Program, abiding by all rules and regulations, Doge 3 of 8 . Form Revised 03-18-08 | EFTA00180784

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Bea oOo dQ 1i/Zb/2be8 1b ze soosbéb 4 JEFFREY EPSTEIN CASEHSOZ008CROO938AXXXMB QO a”) , 28 BR BB __ Reed and occas comple «bates ntrenion prea, ales oherte crested y(t . Be oul aand wn HIVIAID Awsrness Progra cnsning of lato nat ae than two (2) Bours or more that FU, ‘ (4) féure in length, the odet for which will'bs pald by you. . Te eae te tt 16, You will ated Alsoholles Anonymous or Narco: Anonymous mieetlngs ot Jenst rmonthly, ules otherwite directed Qh 1, a mun since soba Anger Masagemsn ab be responll forthe peanent of any cows neue’ WARS a foceiving abi treatm, unless walved, Xf convicted of « Domestic Violence offaats, #1 by, 741.28 Fy 90 ¥ omit ; ) plyoe of residence, vehicle or nl effents to a watrantiess pearch at arty 19, You shall your person, property, Pl rea penton nae _ Utne, by suy probation or eomenualty contol offices or ry 20, DEFENDANT MUST REGISTER AS A SEXUAL OFFENDER WITHIN 48 HOURS OF RELEASE “a ag a SPECIAL CONDITION OF HIS COMMUNITY CONTROL, THE DEFENDANT ISTO HAYENO. 2 Sore TACr WITH MINORS, AND THE SUPERVISING ADULT MOST BE APPROVED BY — . __ THE DEPARTMENT OF CORRECTIONS — - . 22, samy Dien nvr 18 DESIONATED AS A SEXUAL OFFENDER PURSUANT TO FLORIDA STATUTE, : 943.05 AND MUST ABIDE BY ALL THE REQUIREMENTS OF THE STATUTE, A” COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN 28. DEFENDANT MUST PROVIDE A DNA SAMPLE tN COURT AT THE TIME OF THIS PLEA. 24, SPECIFIED CONTACT WITH THE PAROLE AND PROBATION OTFICER , 25, CONFINEMENT TO AN AGRERD-UPON RESIDENCE DURING HOURS AWAY FROM EMPLOYMENT AND PUBLIC SERVICE ACTIVITIES ‘ ’ 25, MANDATORY PUBLIC SERVICE 26, SUPERVISION, BY THE DEPARTMENT OF CORRECTIONS BY MEANS OF AN ELECTRONIC 27, ELECTRONIC MONITORING 24 HOURS PER DAY 28 PLACED ON DRUG ORKENDER FRORATION, YOU WILL COMELY WITH TER TC Oe TAL : OF SUPERVISION IN ADDITIO! CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY IN TO THE ST. THE COURT: (14) You will participate {n & speclalized drug treateat program, eliber es wa in-patient of out patlent, as recommended by the You will attend all covnveling sessions, submit to random urinal: and, if an in-patient, you comply treatment with all operating rules, regulations and proved: {the treatment facility, ‘Y¢ for all costs assoclared-with treatment and mating unless otherwito directed, ee — oe - . Additional Inatructions ordered: ‘ (15) You will remain at your residence between __ put, ond _ at, duo to a curfew Impoued, ualess otherwise direotad by the court, AND, IF PLACED ON COMMUNITY CONTROL, XOU WILL COMPLY WITH THE FOLLOWING CONDITIONS, IN _ ‘ADDITION TO THESTANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SFECIAL CONDITIONS ORDERED BY THE COURT: : Pago 4 of 8 , ‘Form Revised 03-18-08 Gara) Gain rues Mr uo i | EFTA00180785

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o ndeabeeres oo sete eee LS Se RT TTT sc 11/25/2088 16:28 3553626 ULRUUL) USLPLINAL rece wusue JEFFREY EP! EPSTEIN _ CASE#S02008CF00938 1] XOXMB ; voce prt dt ni wane ew ry bee eine? 7 toe enn ities me «public service work, or any other special nctlvities ncilvtis approved by Your offer m _(05Yu ve nt mtg ote dally ig, whieh you wal aibmitto your offieet of request (7) foul mol oi -— Lefranc, Additional ineructions — (18) You will submit to electronic coos, follow hve ets nt. s__ present . for the cost of the mealioring seevse, unlons otherwise directed by the cour, b B27.6 I THE FOLLOWING STANDARD ii ant se bronmonou sere mn ar “Q4)A mandatory curfew Bom 10 pum. wo 6 a.z0, The court cesliy moter hour prod If the a earn * preoludes the cbove speolfied tiie, and the Lie ery ston dere o of Corrootions. If the court determines That imposing « curfow would endaziper the viotim, vbe court may oorsider vanetions, coin en nt aren gee ha ai other place where children togularly oongregale, 68 as prosorived by the Tho 1,000-foot distance, shall be measured in a srralght line m what clin opal coneeanl, Fre bosy fa of hi schol dy cary Cs aaa colar place where children congregate, The dleunse may not be toeatured by « pedestrian routs or nutomabile route, (16)'Antive partloipution in and aaful completion of a sex offender treament program with qualified practitioners nar specifically ave partipatn in nd accel cont pen fe quid protons snot valle wile a S0-all aut of the offender's residenes, the offender shall partlelpate in other appropriate therepy. (7A ptt nny oat ie iti, cy ney ee ea i een si oe the offender's therapist, end the sentencing court, = cot ny ato ein on consot with a child under the age of 18 except as provided in this ourt may supervined t witha ohild under the ago of 18 if the epproval is based upon s Purther, approve , recommendation for contact issued by a qualified preoctioner who 4s desing the recommendation on a risk assessment. the sox offender must be currently enrolled 1 8 eats pena ie ed om othatac facie thorepy program, The cout mey sot , sc apa ent wh oil an et em hy «Gud pune wh may amy PEWnl contact with « child et any tne, C19)IE the vit was under gp 18, en wocking for pty ot as volunier ot any jaco where children regularly tt es ue as i ug ot ry , 200, theme pari, oF mall, 20a brie nn i he wena pan provid byte euler teatent progr, &probibldon on. lowing accessing, owning, Or possessing any ‘obscene, pomd er ‘sexuully ‘stimulating visual or enditory materia), including ace, ove f 7amng By Ce er vevon data lovato feet devia bebavior patter, DA npleeset ft fe eal bout wo jf other ot iw Boorcemant tobe a one peters foto epproved biologie! apenlnans we thé Florida Deportment (22) A requiremont that the offender make restituslon to the vietim, av ordered by the court under 275.089, for ol nocessary 1. Sues poten tress pln pone, sd pele re . “ =i (23) Subrateeion to a warrunticss search by the community conmol or probation officer of the offender's person, residence, or vebiole, Pagt $ of 8 Form Roviged 03-18-08 ——— EFTA00180786

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ce seers een ee meme Ee 2 eee a en — 4i/ é0/ dou 10; 40 s7Us040 wera th INArAE Ie JEFPREY EPSTEIN CASBASO2008CFO09381AXXXMB yecdeagtld FOR EROOATISES: AND WH an SOuAPTER 194, TN ADDITION TO. AN |” OR THIS SECTION, YOU MUST COMPLY WITH THE AZ or, tas ADDITION TO ANY OTHER ORE yore obtain Info tisk... _ 04) Aigo oan! ropa jropam, partisiptdion atleast annually in vlyewpt os ts bila neon eed ty management ent and treatment and to reduce the sex offondor‘s 9 ap ah aaa the uge of the polygraph fron ong som i, vorwiqbin ieee 95) Mialetprenee 0 ofs dei anda ron wn ns ete i pe ste rei : GA probit agen cvblng or wang a post office box without the prlor epproval of the supervising officer. ; Gh wi ent en it finde eget, a HIV wt wth tn yen vin 7 andor hp li pet pra. : . ee (28) Bledtrdne simone yo oon ea dc cou at rionitoring ‘when recommendation of the Dantes ot Cpemedens ashame ie cdr hes wine ne copa oar 2 nt tp paren violation of chapter’ 794, s, 800:04, 8. 827.071, or s. 847.0148, 2 prohlb! accessing the Intemet or other computer services until the offenders sox offender treatment program, after a ridk astesstnent Is icone pert pene for the offender's aocaselng or ualng the Internet or other computer vervioes, ‘ (30) Effective for offenders whove grime was committed on or after September 1, 2006, there J rey lanpeeed, tn addition to . OO a et a lotaot aan electronic monitoring as s-condition of supervision for those who = Ave placed on supervision for a vio)auon of chapter 794, 4. SOO.O6A OF or Oh. 827.071, or, 847.0145 and the unlawful sexual activity Involved a victim 15 yoars of age or younger and the offender is 18 years of ago of older, ar ba Jan deslped ot etal predator paras, 725311 o€ Ld Has proviously beon convicted o fe violation of ohapter 794, s. 800,04(4), (5), or (6), 5, $27,071, ot 5, 847,0145 and the unlawful sexual activity involved a victim 15 yeors of age or younger and tho offender Is 18 yous of aga rode. You ae haraby placed on nots. tat shoud ovale your probation or canny entre and the conditions set forth In $: 948,003(1) or (2) are saflsfied, whether Lice eemty eye mectaretenhymSte ane _ your monitoring in szcardange with FS, 948,063, YOU ARE HEREBY PLACED ON NOTICE tito ot yt ay old or oly yf eae of your” probation, or may extend the period of probation as authorized sathrined by lav, oF may dlckargs yoo oe fret eeper elon, If ot any of the conditions of your probajlon, you may be arrested end the court may revoke your probation, edjudioate you " adjudication of ek vouiene ery ac ati ped one pn a yO to serve she balance of ho tentenes, , Page 6 of 8 Form Revised 03-18-08 - i See EFTA00180787

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ns es Ll/2o/2b6B bi Ze dobsbzb GARUUL TE ULMIYAL reee .urreo yd ‘ JEFFREY EPSTEIN CASE#S02008CP009381 AXXXMB ». Wr Wivokernin OMDIERRD ou vita in tid fate ube a . . "ements a billy, Ce | ; Mareen heer es eT ‘ fy inp DIRE nt te ir mn a prt ita ’ the cificer oe use le cornpllance with the pregeiremeet of law . 7 ‘DONE AND ORDERED, on bar Y Lacknowledge reosipt of a copy of thie order and dhat tho vonditions have to me and I agren to abide by them, . . - Leg sila 07/07-02-08 { | | Page 7 of $ Porm Revieod 03<18-08 oe i EFTA00180788

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en a ee ee Li/gosgeos «1b 4e 29909040 wanuus. | Verte — Sree ae # Tee JBFFREY EPSTEIN CASE#S02008CF00938|AXXXMB a ih a COURT ORDERED PAYMENTS CoECK ALL THAT AREORDERED toMy Sc crt ee i "Total of fines asserted fn: esos FE yore Hh . owe Statutorily mondated 5% eur rite rend (on at line) pursuant ton, 938,04,F.S, . 1 Mhee - _.- Crlme Sioppers Trost Fund puenuenl fo, 998,06(!), FS, Batuirly mascot ia foe elnino. decadeel athe cee etelaet 4 ‘ “panaa ° st» nas oS RRA No) Fs, ae ata 50.00 Additional court coat for tnladerneaner or criminal trate pe, prursuent tb #, 938,08(1)(b) oF (0), PS, wet ‘ ee Crimes Compensation Trott Fund pursuant to #. 938,03(1), P.S, . . tte paste County Crime Preweasion Sood powmati 0 4 TIDE. FE, "we soe L100 —_Additlonal Coprt Costs Clearing ‘Tras Fund persnt a 998011) FS. - ” iu: Praha mon ef prion rr Fund Surcharge, pureuent to 2, 948,09, F.B, £1 sisi ms of TEAL, TRA, 72408, M4041, ari 5 rots TT THAT, T8408 1,7 Ti ETHAN Ee oncoy, ma rt 7h, 784.085, 794011, eran fee ef Deron Vllenen deueribed in inn 0 sio.m Cera Cin mins igh ry eet MAO re . 796.03, », 800,04, o 827, 5, 847.0145, or », 985, i B pu DUI Cobrt Corts, purvean ct, 998,07, F.8, far ey oon of. 316193 or 32735 F8 : . . Stare Agoney Law Enforcement Radio Trosl Fund, pursuant tos, 318,18(17) FS, for eny violations of offensesiisted == * = ine Teanga, sy 664 a7 coer ls 18, 316,193, 316,192, 316,067, 316.0723), 316.545(1), or any otkor offense in chapsar 516 which ls oli ation, BE fdkt Sancta tent rola pn prt in on en to . : iin Tero Coun pusuent tos. 998-192, FS. ad Male DO se Pe mond tn mt pein eo sop eran bbl fr a pape ot supplomenting tho rehabilitative effort of the Department of Corvections, pursuant io 6, 948.039(2), F,$.1 £40.00 —-Publlo Defender Applleation Fes, If not a xz Fel Dinar ened Conn prenoa ok, weeny. Conte, pursuant to 4, 938,27, P.S, OD. otnen - sue county alate an PR GRITIONARY COSTS EOS SEECIFIC TYAS OF CASES Dai BESS 015 ar apr ep Bo dp a CPB. ee SI, M1000 Operating Trust Bead ofthe POLI, pyar ws, 90025, 7 vate of F813. fee * TOTAI, $ 473.09 PAYMENT 1870 BE MADE THROUOH AND PAYABL 01 Dp Cron or Cletkof' Conn ‘ (ese ye Dest of Creo, bre of 4 wl be ee Wl pam rt bythe cnr Pr #4531 PS) t \ Count Costa/Fines In the amount of converted | ommanlty seryipe . £) Court Comts/Fincs in the ninourt of inte to op hours : ‘ | ‘SPECIFIC INSTRUCTIONS FOR PAYMENT; __ Page 8 of 8 Form Rovised 03+18-08 EFTA00180789

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6686-9FTS6 TIVD HACHOTY OL @ mm % EFTA00180790

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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDIC LY. AND-FOR-PAENE BEACH COC » FLORIDA STATE OF FLORIDA CASE NO.: 2006CFO094S4AXX a DIVISON; = “Wr iJ vs, he JEFFREY EPSTEIN, cpm Defendant. / i ‘ ee - SEALING D! N COU THIS MATTER came before the Honorable Judge Deborah Dale Pucillo on June 30, 2008 during a plea conference in the above-referenced case nu ber. The Court being fully | atache? Y gflocument filed by the Defendant on July 2, 2008 apprised in the circumstances, it is hereby: ORDERED AND ADJUDGED that th be sealed’ by the Clerk in the court file, DONE AND ORDERED in chambers, West Palm Beach, Palm Beach County, Florida this day of July, 2008, hob DALE PUCILLO Circuit Court Judge Copies forwarded to: Jack “\, Goldberger, Esq. Counsel for the Defendant : 250 Australian Avenue South. Ste, 1400 West Palm Beach, Florida 33401 Lanna Belohlavek, Esq. -\ssistant State Attomey (interoffiee) . We AB EFTA00180791

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(AL RECYCLED PAPER os) TO REORDER CALL 954-846-9399 tas =f LEG! EFTA00180792

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SS { IN THE CIRCUIT COURT OF THE IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION STATE OF FLORIDA, vs. Case Nos.2006-CF9454 AXX JEFFREY EPSTEIN, 2008-9381CF AXX Defendant. / NONPARTY E,W,'S MOTION TO VACATE ORDER SEALING RECORDS AND - UNSEAL RECORDS E.W., a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(4)(5) to vacate the order sealing records and unseal two documents in these files on the following. grounds: _ . 1 EWisa victim of sexual abuse by defendant who was convicted of procuring a person under 18 for prostitution! and felony solicitation of prostitution, See attached judgments of conviction (Exhibit “A”) E.W. presently has a pending civil action in this court against defendant for damages, Case number 502008CA028058XXXXMB AB. 2. On June 30, 2008 and August 25, 2008, this Court sealed two documents, a non-prosecution agreement and an addendum to non-prosecution agreement. See attached copies of envelopes containing the sealed documents and also an Agreed Order Sealing Document In Court File entered July 2, 2008 (Exhibit “B”.) 3. The sealing of these documents was done without written motion required by Rule 2,420(d)(1) or notice to the public, the media, the record newspaper and the victims of defendant required by Rule 2.420(d)(2), The Agreed Order does not set forth the EFTA00180793

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grounds set forth in Rule 2,420(d)(3). The clerk of court did not post a copy of the notice of the order as required by Rule 2,420(d)(4). 4, The sealing of these documents was also done contrary to the Administrative Orders of this Court, AO 2.104, 2.032, 2.303 and 11.046. 5. The request to seal the first document was made orally at the plea hearing on June 30, 2008. A copy of the relevant portion of the transcript is attached (see pages 38- 40) (Exhibit “C”.) 6. It is against public policy for these documents to have been sealed and hidden from public scrutiny. As a member of the public, B.W. ee a right to have these documents unsealed. Furthermore, these documents are relevant and material to E.W.'s civil action against defendant, As stated in the plea colloquy, they were an inducement for defendant to enter into his guilty pleas, They are proper objects of discovery, However, unless they are unsealed, E,W. is unable to obtain them or utilize them in her case, 7. Pursuant to Rule 2.420(d)(5), the Court must hold a hearing on this motion in open court. WHEREFORE movant requests the Court vacate the order sealing records and unseal the two documents. CERTIFICATE OF SERVICE ~~ THEREBY CERTIFY that a true and correct copy of the foregoing has been served , i} via U.S, Maif and Fecsmile this (ay of May, 2009 to: Jack Alan Goldberger, Esq., Aiterbury Goldberger et al., 250 Australian Ave, South, Suite 1400, West Palm Beach, FL 33401. EFTA00180794

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=>, 4% RN ——ROTHSTEIN ROSENFELDT ADLER — re Attorneys for Plaintiff 401 Bast Las Olas Blvd., Suite 1650 Fort Lauderdale, Florida 33394 Telephone (954) 522-3456 Telecopier (954) 527-8663 By: Bradley J. Edwards Florida Bar No, 542075 William J. Berger Florida Bar No. 197701 EFTA00180795

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pp ye uo “ey IN THE CRIMINAL DIN ISION OF if A.aCUIE COLRT OF THE a FIFTEENTH IUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY (ET A til; CFN 20080267522 OR BK 227690 PG 1081 STATE OF FLORIDA 1) COMMENtY pore 87/17/2008 28152;59 , CONTROL = Geach County, Florida Sh VIOLATOR Po ipat i ( trot CLERK & CONPTROLLE OBTS NUMBE . 11} PROBATION \. Teh C L a) ; VIOLATOR i EFENDANT Livlso Wo Mo DATE OF BIRTH RACE GENDER SOCIAL SACU RITY NUMBER Hov ing been (ried and found guilty of Having entered a plea of guilty to Having entered a plea of nvlo the followlag crimets); the following erime(s): comendere to the following crimo(s): I and ne ewise having been shuwn why the Defendant should nut be cyudiewed guilty, IT IS ORDERED THAT the Defendant Is horwhy ADIUDICATED GUILTY of the abuse erlmorss. ‘ | and having heen convicted or found yurlty of, or having entered a plea of nule contendere wr guilty reyandless of wdyudication, to attempts or offenses relating to peunal battery wh. 74), lewd and hisersimuy conduct (ch 8001, or murder 44732 04), augravated hatery (4 784 045), burglary ts. 810.024 cagacking 16 312 100), of heine insite ropbery 16 S12 1355, or sy ober ofYynse spevified im sevtion 943.325, the defendant Jal be requrred wy suboyt howd <pecunens tt amd gendwine hy es shea gs TIS ORDERED THAT ADIEDICATION Of tT TRE SETHE D SENTENCE (of Tay Court leerebs stays ard wuthteelds ns posrienel son STAVYED . TD Prehation weteve |p Covenants sel forth it separce orders rls atl Ways te Pototdant ae svat Da stent gardai af prebut SENTENCE ORFERRED [oj Ths Cott hereby deters impasiion of sentence nat, m ahr Ope Re aa att auth t 7 Tee deheats . af : , OE VE en keegan Pose ‘ WRDEPED » Ope tse a Maen Mowatt eat, Dae dy CCUG ey Mie EFTA00180796

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en ot . 4 DOSE AND ORDERED Lien t “py Maba Magen Conds, Bar da tm, 3D. uh Zug vou oh 2 THE GRIMINAL DIVISION OF } ACUIT COURT OF TE ee . TET TL ae FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, CFN 20280267252 IN AND FOR PALM DEACH COUNTY OR BK 22760 PG osss RECORDED 87/17/2008 08:06:42 STA'TE OF FLORIDA 11 COMMUNTIY Palm Beach County, Florida CONTROL Sharon R. Bock, CLERK & COMPTROLLER VIOLATOR Pg 8565; (1pg) PROBATION ‘7 . 1) VIOLATOR LFENDANT 1 WM DA'HE OF BIRTH RACE GENDER SOCIAL SECURITY NUMBER Having entered 0 plea of guilty to Having entered a plea of nolo the following crime(s): contendere to the following _crinvo(s): ! x and ne couse having heen shown why the Defendant should mu be adjudfeuted guilty. IT IS ORDERED THAT the Defendant Is herehy ADJUDICATED GUILTY of the above erline(s). . 1) And having heen cum acted o¢ found guilty of, or having watered a Plea of nulo contendere ur guilty regardless of adjudication, to attempts or offenses relating w yevual battery (ch. 7945, lewd and lasers ius conduct teh, $00), wr wuirder (3 732 04), aggras uted battery 15 784.045), burglary ts. $1002), canacking (3. 312.1991, ve home invasion tobbery +6 $12,135), 06 any ather offense spevitted in sechan 943,335, the defendant shall by reyemred ta submit blvd Speermens . td anal goed Gane bats dina PT IS ORDERED THAT ADIL DICA TOS OF GUT BE WEIL pots a SENTENCE fo} tne Courtherehy stays and withholds Raper af seatenve us tet Comes itd places dhe Defendant ont STAYED 11 Prbaten arbor, | Community Compat ueder the Serer eed oft Dept of Cones tems feanditioas of prehar we setter in separate endert SENTENCE OEFERRED [| The Court berehy defers imipeaitien of sentence until ot, Pee Oetomet in Opa ste aeatoedet bres ht be appeal fem the bolton hy nt esthersn dirs the ate sentery s re ee probation sondered pursuant be Pr alta ation Thee detordunt was abarvads toe Gt hung sand oppeal alte expense of the State PON COE LW ES . ORCHID CUE RT HO LKIE a EFTA00180797

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. IN THE CIRCUIT COURT OF THE FIETEEN ener UBICIAL CIRCUFE-OF-FLORIDATINOAND E— | PALM BEACH COUNTY | | CASENO,_2U & CF OGESY A . ee re STATE OF FLORIDA pivision LW vs, — ' . ‘rg only 200 6 ; nm c 23 , 2% {) Psychiatric (Medical, etc,) Report dated ‘ ee from. Presentence Investigation Report dated . ee from, 4) Other Non - EE (cu far) Ah: 1 ee ment __ SEALED IN COURT FILE, NOT 10 BE | OPENED WITHOUT ORDER OF COURT EXHIBIT 4 1908 i 3” ) woe EFTA00180798

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IN THE CIRCUIT COURT OF THE FIFTEEN ict crn cut OF -FEORIDATINAND EH PALM BEACH COUNTY CASE NO, 0 S4TY4AXN STATE OF FLORIDA pryeson Ve) vs, -_— Y, Lin? (.] Psychiatric (Medical, etc.) Report dated £rom. ) Presentence Investigation Report dated, SCAN NES ) . | from . AUG 30 2008 ra omer Adlondem b Lae Ade prose chon | SEALED IN COURT FILE, NOT TO BE _ OPENED WITHOUT ORDER OF COURT EFTA00180799

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FLORIDA STATE OF FLORIDA CASE NO.: 2006CF0094S4AXX ° DIVISON: — “w" i JEFFREY EPSTEIN, aN Defendant, ** 3 f) ———— RD LN N COU THIS MATTER came before the Honorable Judge Deborah Dale Pucillo on June 30, 2008 during a plea conference in the above-referenced case number, The Court being fully apprised in the circumstances, it is hereby: = atached *) ORDERED AND ADJUDGED that thgflocument filed by the Defendant on J uly 2, 2008 be sealed’ by the Clerk in the court file. DONE AND ORDERED in chambers, West Palm B this 02 day of July, 2008, each, Palm Beach County, Florida hee DALE PUCILLO Circuit Court Judge Copies forwarded to: Jack A, Goldberger, Esq. Counsel for the Defendant , 250 Australian Avenue South. Ste. 1400 West Palm Beach, Florida 33401 Lanna Belohlavek, Esy, «\ssistant State Attorney Lo. EFTA00180800

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TT a 2 va @ x | a f rye ) | 1 , IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT 2 IN AND FOR PALM BEACH COUN ELO RL R—————— ERT DIVISION STATE OF FLORIDA ) VU vs ) CASE NO, 06 cF9o4s4¢amp y 6 ) 08 9381CFAMB ) ) ) ) JEFFREY EPSTEIN 7 Defendant, : 8 wa : ; BR PLEA CONFERENCE 1o = ‘ Mae ty 11 PRESIDING: HONORABLE DEBORAH DALE PUCILLOXr) — . mis & 12 APPEARANCES; 13 ON BEHALF OF THE STATE; 9 BARRY E, KRISCHER, ESQUIRE 14 State Attorney 401 North Dixie Highway 15 West Palm Beach, Plorida 33401 By: LANNA BELOHLAVEK, ESQUIRE 16 Assistant State Attorney A 17 ON BEHALF OF THE DEFENDANT: j ATTERBURY, GOLDBERGER « WEISS, P.a,. 18 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE 20 21 . 2 GINAL 23 June 30, 2008 { 24 Palm Beach County Courthouse stm | . West Palm Beach, Florida 33401 , ) 25 Beginning at 8:40 o'clock, a.m, ee ee f we umaeunncee pws phne Reresme oom © wm EXHIBIT PHYLLIS a, DAMES, OF j ¢ * PORTER EFTA00180801

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 ¢ i“ . (2, & j ) cy)? 38 | ‘on that, Your Honor? THE COURT: It is recorded, MR. GOLDBERGER: That's fine, THE COURT: Defendant needs to approach as well, (Whereupon, there was a conference at the bench.) MR, GOLDBERGER: The reason why I asked to come sidebar, there is a nonprosecution agreement with the United States Attorney's office that triggers as a result of this plea agreement. In other words, they have signed oft and said they will not prosecute Mr. Epstein in the Southern District of Florida for any offense upon his successful taking of this plea today. That is a confidential document that the parties have agreed to, Just in an abundance of caution, I wanted to tell the court, © THE COURT: I understand, that would also be invalidated should he violate his community control? 4R, ‘GOLDBERGER; Absolutely. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180802

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ae >) 9 9 nonprosecution agreement -- MS. SELOHLAVEK: They spelt ati piret———— | out, THE COURT: Mr, Epstein needs to come closer, Mr. Epstein, your attorney has told me that in addition to everything, we talked about another Inducement, shall we say, to your taking this Plea is that the U.S, Attorney for the Southern District of the State of Florida, ‘federal Prosecutor, has agreed to a nonprosecution agreement with you, meaning that if You successfully complete Probation and do everything you'r Supposed to, they have, have agreed not to prosecute you federally, dia you understand that? THE. DEFENDANT; Yes, matam, THE COURT: And Ir would view that ag @ significant inducement in accepting this Plea, MS, BELOHLAVEK: They are actually in court here today, algo, THE COURT: Okay. MR. GOLDBERGER: And the plea oe ee. PHYLLIS A, DAMES, OFFICIAL courT REPORTER EFTA00180803

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, -. : (m6 e “| an : a @ Cy 40 af , agreement very carefully spelled out if there wa ch—that—would-ViGlate thie | ge ' | | | agreement, so we are well aware of it, | 4 THE COuRT; . Okay. TI would request 5 that a Sealed copy of that -- Mr. Epstein | 6 has signed that document? 7 MR, GOLDBERGER;: Yes, I woula like to 8 seal the copy. 9 THE COURT: ZI want & sealed copy of 10 that filed in this Case. That is the only 11 other condition of the agreement that is ‘ 12 influencing this defendant to make this | 13 decision? - | @ 14 MR, GOLDBERGER; Absolutely, I think | 15 that's the right idea, 16 , {Return to open court.) 17 : THE COURT: Mr, Epstein, ig there - 18 ' anything else? | 19 THE DEFENDANT; No, ma'am, 20 THE COURT: Because I don't take - 21 these pleas unless they are freely and 22 voluntarily made, 23 THE DEFENDANT; f understand that, 24 THE COURT: TI also don't want . ) 25 » ,+ Somebody or anybody -COMENG DaCk B Year ce cue ox ueemenen: t oe mbe wane seem amemamss oe ’ . 3 we e «wt PHYLLIS A, DAMES, OFFICIAL COURT REPORTER | EFTA00180804

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em Nea ——t EFTA00180805

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IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO:. 2006CF009454AXX, : 2008CF009381AXX STATE, vs. EPSTEIN, JEFFREY E, Defendant. COMES NOW, Applicant, B.B. and requests this Court, pursuant to Florida Rule of Civil Procedure 1.230, for leave to intervene as a party in Mr. Epstein’s criminal matter for the following reasons: 1. Applicant’s intervention is in subordination to, and in recognition of, the propriety of the main proceeding. 2. Applicant stands to either gain or lose by the court’s direct legal operation and effect of judgment in the pending matter. 3. Applicant is not injecting a new issue into the pending matter. 4, Applicant’s motion to intervene is timely. EFTA00180806

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5. Defense counsel, Robert Critton, Jr. in the civil matter, does not object to Applicant’s motion, but Plaintiff's counsel has not heard back from Defendant Epstein’s criminal counsel, Jack Goldberger as to whether he opposes this motion, MEMORANDUM OF LAW Anyone claiming an interest in pending litigation may at any time be permitted to assert a tight by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by the court in its discretion. Fla.R.Civ.P. 1.230. “A person seeking leave to intervene must claim an interest of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.” Litvak v. Scylla Properties, LLC, 946 So.2d 1165, 1172 (Fla. 5" DCA 2006). Additionally, “an intervenor my not inject a new issue into the case.” s. Inc., 857 So.2d 207, 211 (Fla.1 DCA 2003). “An intervention is thus only appropriate where the issue the intervenor raises are related to the case being litigated.” Racing Properties, L.P., v. Baldwin, 885 So.2d 881, 883 (Fla, 3" DCA 2004). Once the trial court determines that the intervenor’s interest is sufficient, it exercises its discretion to determine whether to permit intervention. Union Cent, Life Ins. Co. v. Carlisle, 593 So.2d 505, 507 (Fla. 1992). “In deciding this question the court should consider a number of factors, including the derivation of the interest, any pertinent contractual language, the size of the interest, the potential for conflicts or new issues, and any other relevant circumstance.” Id, Finally, an intervention is generally considered timely if it is made before a final decree has been entered. See Technical Che: ts, Inc., v. P in 748 So.2d 1090, 1091 (Fla. 4" DCA 2000). Page of 4 2 EFTA00180807

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Applicant’s proposed intervention is subordinate and in recognition of the propriety of the main proceeding. Additionally, Applicant will not inject any new issue into Mr. Epstein’s criminal case. In fact, Applicant’s intervention is for the limited purpose of joining already intervening parties “E,W.” and “the Palm Beach Post” in their arguments regarding the sealed Federal non-prosecution agreement in Mr. Epstein’s criminal file. Finally, Applicants interest is of such a direct and immediate character that the Applicant stands to either gain or lose by the court’s judgment in the pending matter, The Applicant currently has a civil complaint against Mr, Epstien regarding allegations similar to those in this pending criminal mater. The sealed document may contain discoverable information or may lead to the discovery of new relevant information. See Fla.R.Civ,P, 1,280(b)(1). Additionally, the document may contain valuable impeachment information that the Applicant would intend to use if the Applicant’s civil case proceeded to trial. WHEREFORE, Applicant, B.B., respectfully requests the Court grant B.B.’s motion to intervene in the pending criminal matter. Page of 4 3 EFTA00180808

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CERTI F SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail, postage prepaid, this||_ day of lu, 2.004 _ to Jack A, Goldberger, Esq., 250 Australian | Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 515 North Flagler Drive, Suite 400, West Palm Beach, FL 33401, LEOPOLD~KUVIN, P.A. 2925 PGA Boulevard Suite 200 Palm Gardens, FL Florida Bar No.: 089737 Page of 4 4 EFTA00180809

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EFTA00180810

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EE 96-01-' ts 15:94 rape-manins 4 LociceRo 819849070 i Tee P003/007 F-845 “ INTHE, CIRCUIT COURT OF THE FIFTEENTH JUDICIAL oReUIT i. ' sp Room i ; : _ CRIMINAL DIVISION ; STATE OF FLORIDA, an docu goth i oft psi, Bui nsegus hat ge Pola ae ta al seal dootmenth parties failed to pomply with Florida's sot pocedural and substantive ia a lng oa ed. ation contin dite ee) ng aon to proceedings and records, See Barron v, . 2d 113, 118 (Pla. 158 os eae stg Heb Ts 5 a 2a 1,7 (Pa, 1982) F fees rene rrr to be heard on meg | Wl F t : : aele | tte ’ i ie hos ! . : . i ps { ; t | flocs eget | outers ii ee ee ee EFTA00180811

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‘| 11 @6-@1-"d9 15:94 FROM-THOUAS & LOCTCERD «8199842070, on i “i PQ84/087 F845 ete i | hum docketed on Atgist 25,2008, Together, al renin De for opm related tS. In thi cso, the pon-pros ae | eee , 2008, The azeoment, ge Palo found, ws“ } ih ii! Fe : 1 Jed i ” ws H » af pnenrranes : Sh pee a ned on | a af are public record. See egonian Pub) ‘9 ed St: es i of ve ‘ 920 F.2d 1462, | He et wit i 1465 inci 190) bea armen ply ban open abu ima shine’ eth ° 1 H ‘ ’ ie 7: m4 Ks 6 190, mend (ith ae ion : ' napaotia “Saw AR 18 (@), Fle, Const, Chon hd aloes ee ep an ene to the fair, . aa ft an imprint sino ono pret coming | interest, ! tr vi Sen Yd Admin 22009098 toy soo fae rod no bioader | ‘ik 77 mamaria Pa RJ, Ade 24 . | “ fT ang 2dat3.. bs | ae : ons ity mn oe omen sh we . a “1° without reef | . bpage3t | | i i i | | J | ; ; : | § EFTA00180812

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t ‘ ‘une 3, 208 sum i tii ion intetest, a on ne ought tobe st ie a 6. i ade ttle ie sa cause exists for unse {| feder pro iil st regarding the dlaposion of ose ergs a | wwii ¢ Daten ‘Sate prosecutors also have been criticized: ihr al ca PEERY 08-80069 (S.D. cara Case No. (08-801 19 (8.D. Fla. 2008); Ne, 08-80232 ($.D. Fla. 2008); Case No, 08-80380; of ein; lo. 08- 80381 (S.D. Fla, 2008), F 9 @D. Fa, 2008); : B6- “1-9 36:04 FOOELTEORAS & Locrcero —_aiseasere ** tds paes/a07 F-845 Ep stein, Case No. 09-80469 een ee |e ee NT + ee ek me ee ree EFTA00180813

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8189843070 in ’ ne PQ96/@07 F-845 4 507 So, 2d 667, 668 apa soca i } 14 ' ‘ | Sule ay noe whatever legal sextence cote, i ch snes tad op tangle i ' - | poten or dou i is within he hic domino i .”), In this re cn ie uin tnd of these “significant” ater «| oo) im accepting te plea and the Defendant. The il day sch sagt = ll fo convoneweil inal rove god case unseeling the do 1 «moto rede mei - shin sty hare made public, Pon ape srhrerpenti tif exce sf he greet ha ee publi in slated federal pioseedings ‘As the Florida bt | Sipe Court hte “heré would il jtiteaton or hosing a petal hetzng in I ad : ci et i ty ter a i ae Lewis, 426 = Sty n icin, ot en ht information a ‘iain a | sah teeél | cn i. ccemandtonbes t the documents in order to assess | | a ee ee a ec ee A aq’. bh 7 i = z i] a t 1. ‘ 1 | 2 : wh i 7 : in and Motion for Stay,” CMA. v. me ts 0 HD Fla, et oe a f " : Ishi | L | EFTA00180814

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ps-81-'6 a9 15:94 ia tarot & LOCICERO 8139843078 i: ay | T-988 P807/007 F-845 nf ald ant t such other relief as Cou deans frome 1 Respectfully submitted, ‘ THOMAS, LociGsRo & BRALOW PL fla Gate Pes tee Sy Florida Bar No.: WT 101 NB. Third Avene, Suite 1500 Pw vache she Mai RA heat; Und St Ann's Ofte * Souther . 7 Dati 500 8, Austallae Ave, Ste, 400, West Palin Beach, FL 33401, (fix: $61:820.8777; a Michael Mules and Sua cn Ae Eo, Sta A Office - West _ || Pal Beas, 401 Nojth Dixie Highway, onan Be sis ses 7351), Taek - ail sm Gabe Be tty Cra 2508 <avitcin'& » Sty 1400, West * Palm Beach, FL 33401 ‘fax: 561-835-8601); and Bray al le and Wiliam ha }6s0, Fort Lauderdale, I . i } 1a %, . ‘ Berget, Esq., Rothaeld Rosenfeldt —- East Las ols Bivd é! A resi (fax! milan in tis Ist y of Jun, 2009; | | F { ' phan H H i } yo ' a | f EFTA00180815

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‘ ——— —— ae fe ee wen ee soe See tee Se —_——— ween — we EFTA00180816

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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, INAND FOR PALM BEACH COUNTY, FLORIDA CASE NO, 2008CF009381A DIVISION W STATE OF FLORIDA VS. JEFFREY EPSTEIN, Defendant. a | MOTION TO MAKE COURT RECORDS CONFIDENTIAL Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney's, pursuant to Florida Rule of Judicial Administration 2.420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to treat as confidential the following records. A. A document referred to as "Non-Prosecution Agreement" filed under seal in the court file on-July 2, 2008, B. Adocument referred to as "The Addendum to the Non-Prosecution Agreement” filed under seal in the court file on August 25, 2008, 1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008. 2. A Motion to Vacate Order Sealing Records and Unseal Records was filed by Non-Party EW on or about May 15, 2009. 3. A Motlon to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009, 4. This Court granted Non-Party E.W. and Palm Beach Post Motion to Intervene on June 10, 2009 but took no immediate action on E, W.'s Motion to Vacate Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing. EFTA00180817

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§.. The documents should remain confidential for the following reasons: To prevent a serious Imminent threat to the fair, impartial, and orderly administration of justice. To protect a compelling government interest. To avoid substantial injury to Innocent third parties. To avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings, sought to be closed. WHEREFORE, Defendant moves this Honorable Court ta enter an Order keeping the above referenced records confidential, and maintaining them under seal. | HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis. CK A. GOLDBERGER, ESQ, WITNESS my hand and seal in the County and State last aforesaid this 11 day of June, 2009. My Commission Expires EFTA00180818

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wed CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via © U.S. Mail; & Facsimile; 9 Overnight Delivery to R. Alexander Acosta, United States Attorney's Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office- West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Bivd., Sulte 1650, Fort Lauderdale, FL 33394; Bradley J, Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Deanna K, Shullman, 400 North Ashley Drive, Suite 1100, P.O.Box 2602 (33601) Tampa, FL 33602, Robert D, Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, 515 N, Flagler Dr. Suite 400, West Palm Beach, Florida 33401, this 11 day of June, 2009, wD Lawn: Gene BURMAN, CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & 515 N, Flagler Dr. Sulte 400 WEISS, P.A. West Palm Beach, Florida 33401 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 CK A, GOLDBERGER, ESQ lorida Bar No, 262013 OBERT D. CRITTON, ESQ. lorida Bar No.224162 EFTA00180819

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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A DIVISION W STATE OF FLORIDA v. JEFFREY EPSTEIN, Defendant. / E N’S M TOSTA ‘LOSU F THE - P AG MEN END NG REVIEW Defendant, JEFFREY EPSTEIN (“EPSTEIN”), by and through his undersigned counsel and pursuant to Rule 9.310, Florida Rules of Appellate Procedure, moves to stay disclosure of the Non-Prosecution Agreement and Addendum (collectively, the “NPA”) pending review, and states: 1, In the event the Court grants Nonparty E.W.’s Motion to Vacate Order Sealing Records and Unseal Records, grants Palm Beach Post’s Motion to Intervene and Petition for Access and/or denies EPSTEIN’s Motion to Make Court Records Confidential, EPSTEIN moves to stay the disclosure of the NPA pending review by the Fourth District Court of Appeals. 2. Rule 9.310(a), Florida Rules of Appellate Procedure, provides in pertinent part, “...a party seeking to stay a final or non-final order pending review shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion , to grant, modify or deny such relief.” EFTA00180820

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3. A stay pending review is warranted under the circumstances because of the irreparable harm that would be caused by disclosure of the NPA including, but not limited to, substantial injury to a party by disclosing matters protected by common law and privacy rights, substantial injury to a compelling government interest, substantial injury to innocent third parties and a serious imminent threat to the fair, impartial and orderly administration of justice as set forth in the hearing record date June 25, 2009. 4, In Mariner Health Care of Nashville, Inc, v. Baker, 739 So. 2d 608, 609 (Fla, 1st DCA 1999), defendant Mariner filed a petition for writ of certiorari after the trial court compelled it to produce certain incident reports. Mariner also moved for a stay pending review pursuant to Fla. R. App. Pro. 9.310. The trial court advised the parties that Mariner would be required to submit the incident reports to the court under seal as a prerequisite to a stay. Mariner refused to produce the documents under seal and the trial court denied the motion for stay and imposed daily fines until the documents were produced, Id, The First District Court of Appeals affirmed the trial court’s order and noted Mariner has failed to explain how the production of the reports under seal would result in any prejudice, To the contrary, the records will be protected from disclosure during the entire course of the certiorari proceeding before this court. No harm can be done if this court ultimately determines that the reports are protected by the work product privilege. Id, at 610. 5. In the instant case the NPA is already filed under seal. Should the Court grant Nonparty E.W.’s Motion to Vacate Order Sealing Records and Unseal Records, grant Palm Beach Post's Motion to Intervene and Petition for Access and/or deny EFTA00180821

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EPSTEIN’s Motion to Make Court Records Confidential, EPSTEIN requests the Court exercise its discretion under Fla, R. App. Pro. 9.310(a) and enter a stay pending review by the 4" DCA. 6. No harm will be done if the NPA remains under seal pending appellate review. To the contrary, EPSTEIN will suffer irreparable harm if a stay is not entered and the NPA is disclosed to the public, WHEREFORE, Defendant, JEFFREY EPSTEIN, respectfully requests that if the Court grants Nonparty E,W.’s Motion to Vacate Order Sealing Records and Unseal Records, grants Palm Beach Post’s Motion to Intervene and Petition for Access and/or _ denies EPSTEIN’s Motion to Make Court Records Confidential, the Court enter a stay pending review and grant any additional relief the Court deems just and proper. Certificate of Service WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Hand Delivery to ae. United States Attomey’s Office — Southern District, 500 S. Australian Avenue, Suite 400, West Palm Beach, FL 33401, JUDITH STEVENSON AREO, ESQ., State Attorney’s Office — West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, WILLIAM J. BERGER, ESQ., and BRADLEY J. EDWARDS, Rothstein Rosenfeldt Adler, 401 East Las Olas Boulevard, Suite 1650, Fort Lauderdale, FL 33394, JACK A. GOLDBERGER, ESQ,, Atterbury, Goldberger & Weiss, P.A., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, SPENCER T. KUVIN, ESQ., Leopold-Kuvin, P.A., 2925 PGA Blvd., Suite 200, Palm Beach Gardens, FL 33410, and DEANNA K. SHULLMAN, EFTA00180822

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400 North Ashley Drive, Suite 1100, P.O. Box 2602 (33601) Tampa, FL 33602, this 25th day of June, 2009. BURMAN, CRITTON, LUTTIER & COLEMAN, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 By: Robert D. Crijfon, Jr: Florida Bar #224162 Michael J, Pike Florida Bar #617296 Counsel for Defendant Jeffrey Epstein) and Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 Fax: 561-835-8691 Counsel for Defendant Jeffrey Epstein EFTA00180823

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EFTA00180824

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IN THE CIRCUIT COURT OF THE 1STH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 2006CF009454AXX, 2008CF009381AXX STATE, vs. EPSTEIN, JEFFREY Motion to Stay, and states: In their motion, Defendant asks the Court to stay itehg fing on the production of the NPA agreement pending review by the Fourth DCA, Since this NPA was never properly sealed in the first place, a Stay is improper because this document is a public record until such time as it has been properly sealed. Furthermore, as Defendant EPSTEIN has failed to demonstrate that he is likely to succeed on the merits of his appeal or describe how he will be harmed by this disclosure, Intervener B.B, respectfully requests the Court deny their Motion, Pursuant to Florida Rule of Appellate Procedure 9,3 10(a), a trial court has the discretion to enter a stay pending interlocutory review of a non-final order, The burden to satisfy the EFTA00180825

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requirements for a stay rests with the party requesting the stay. A trial court is not obligated, or even encouraged, to enter such a stay as the Appellate Rules specifically provide, “In the absence of a stay, during the pendency of a review of a non-final order, the lower tribunal may proceed — with all matters, including trial or final hearing; provided that the lower tribunal may not render a final order disposing of the cause pending such review.” Fla. R. App. P. 9.130(f) (emphasis added), Defendants ask the Court to stay disclosure of a public document which was never properly sealed, Factors to ,beseensidered by a court when deciding whether to enter a stay s in their motion, In fact, Defendant Likely this is because there is no vs As to likelihood of harm, the only reference Defend: for sealing the NPA were never followed, to this issue is in paragraph 3 of his motion. Here, Defendant merely mi ad assertion that there will be “irreparable harm caused by the disclosure of the NPA.” There is no explanation of who will be harmed or what harm will be caused. How can a public document which redacts the names of the minor victims cause harm? This necessary question is never answered. Defendant’s broad and vague assertion is insufficient to grant a stay, Finally, since there has been no showing by Defendant EPSTEIN that the proper procedure for sealing court documents were ever followed, the NPA is a public record, Page 2of 3 EFTA00180826

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Therefore, Plaintiff respectfully requests the Court DENY Defendants’ Motion to Stay the Proceedings. TIFICATE OF SERVIC HEREBY CERTIFY that a true and correct copy of the foregoing was fumished by U. S. Mail, postage prepaid, this 26 day of June, 2009 to Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E, Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 515 North Flagler Drive, Suit 2 10xWest Palm Beach, FL 33401. . LEOPOLD~KUVIN, P.A, %, 2925 PGA Boulevard Page 30f3 EFTA00180827

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Westlaw, 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) i District Court of Appeal of Florida, Third District. Deborah PEREZ, Appellant, v. Jorge M. PEREZ, Appellee. No, 99-2182, Oct. 27, 1999, Rehearing Denied Dec. 7, 1999. Following divorce, parties agreed to modification of marital settlement agreement which specifically provided that mother could permanently relocate children to Utah. Father petitioned for modification of custody, The Circuit Court, Dade County, Eu- gene J. Fierro, J., split custody of children, and mother appealed. Parties and guardian ad litem filed various motions. Mother moved to prohibit further involvement in appellate proceedings by guardian ad litem and counsel appearing on behalf of guardian. The District Court of Appeal, Gersten, J., held that; (1) guardian did not have ‘authority to submit brief or motions at appellate level of child custody proceeding, and (2) there was no authority permitting guardian ad litem to retain counsel on behalf of herself in appeal, Motion granted. Sorondo, J,, filed concurring opinion West Headnotes (1) Appeal and Error 30 €=2477 30 Appeal and Error 30IX Supersedeas or Stay of Proceedings 30k476 Upon Allowance by Court or Judge 30k477 k. Authority of Court or Judge. Most Cited Cases District Court of Appeal has authority to issue stay for purpose of preserving status quo during appel- late proceeding. West's F.S.A. R.App.P.Rule Page 2 of }1 Page 1 9.310(f). [2] Appeal and Error 30 €=479(1) 30 Appeal and Error 301X Supersedeas or Stay of Proceedings 30k476 Upon Allowance by Court or Judge 30k479 Grounds for Allowance 30k479(1) k. In General. Most Cited Cases Factors which are considered by District Court of Appeal in deciding whether to grant stay include moving party's likelihood of success on merits, and likelihood of harm should stay not be granted. West's F.S.A, R.App.P.Rule 9.310(f), [3] Child Custody 76D €=>905 76D Child Custody 76DXIII Appeal or Judicial Review 76Dk905 k. Transfer of Cause and Proceed- ings in General. Most Cited Cases (Formerly 134k303(3)) Father's failure to return children to mother after summer vacation, as required under parties’ post- divorce visitation arrangements, and father's at- tempts to manipulate children's custody preference were sufficient to establish that mother had likeli- hood of success on merits of her appeal of order modifying custody, warranting issuance of stay, for purpose of preserving status quo during appellate proceeding, West's P.S.A, R.App.P.Rule 9.310(f). [4] Child Custody 76D €=-903 76D Child Custody 76DXLI Appeal or Judicial Review 76Dk903 k, Right of Review and Parties. Most Cited Cases (Formerly 211k19,3(6)) Guardian ad litem did not have authority to submit brief or motions at appellate level of child custody proceeding. West's F.S.A. § 61.401; West's F.S.A. R.App.P.Rule 9.020. © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2,westlaw.com/print/printstream.aspx ?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180828

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769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) [S] Infants 211 85 211 Infants 211 VII Actions 211k76 Guardian Ad Litem or Next Friend 211k85 k. Duties and Liabilities. Most Cited Cases (Formerly 211k19,2(2)) Universally recognized function of guardian ad litem in| custody dispute is to protect best interests of children. (6) Infants 211 €==77 211 Infants 211VII Actions 211k76 Guardian Ad Litem or Next Friend 211k77 k. In General. Most Cited Cases (Formerly 211k19.3(1)) Guardians ad litem serve important role, under lim- ited circumstances, by acting as representatives of children and promoting society's interest in protect- ing children from traumas commonly associated with divorce and custody disputes. (7) Infants 211 €=85 211 Infants 211VII Actions 211k76 Guardian Ad Litem or Next Friend 211k85 k. Duties and Liabilities, Most Cited Cases (Formerly 211k19.3(1)) Duties and responsibilities of guardian ad litem are not coextensive with those of attorney. West's F.S.A. § 61,403, [8] Child Custody 76D €=>900 76D Child Custody 76DXII Appeal or Judicial Review 76Dk900 k. In General. Most Cited Cases (Formerly 211k19,3(6)) Child Custody 76D €=>903 76D Child Custody Page 3 of 11 Page 2 76DXIII Appeal or Judicial Review 76Dk903 k. Right of Review and Parties. Most Cited Cases (Formerly 211k19.3(6)) Appellate court is not fact-finding court and there is ho proper role for guardian ad litem at appellate level. West's F.S.A. § 61.403. [9] Infants 211 G85 211 Infants 211VI Actions 211k76 Guardian Ad Litem or Next Friend 211k85 k. Duties and Liabilities. Most Cited Cases (Formerly 211k19.2(2)) Guardians ad litem are required to act in the best in- terests of children even if this conflicts with the children's wishes, and must serve as independent fact investigators. West's F.S.A. § 61.403. [10] Child Custody 76D €=>903 76D Child Custody 76DXI0 Appeal or Judicial Review 76Dk903 k. Right of Review and Parties. Most Cited Cases (Formerly 211k19.3(6)) Filing of motions and brief by guardian ad litem in appellate custody proceedings conflicts with guard- ian's proper function of serving as independent fact investigator, and violates statutory prohibition against guardians acting as advocates. West's F.S.A. § 61.403. (11) Child Custody 76D €=>409 76D Child Custody 76DVIII Proceedings T6DVIIIMA) In General 76Dk409 k. Parties; Intervention, Most Cited Cases (Formerly 211k19.3(3)) Minor children in custody proceeding are not con- sidered as “necessary parties” to action. [12] Child Custody 76D €=>903 © 2009 Thomson Reuters/West, No Claim to Orig. US Gov. Works. http://web2. westlaw.com/print/printstream.aspx?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180829

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| 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) 76D Child Custody 76DXIII Appeal or Judicial Review 76Dk903 k. Right of Review and Parties. Most Cited Cases (Formerly 211k19,3(6)) There is no authority permitting guardian ad litem to retain counsel on behalf of herself in appeal, where guardian is not party to proceedings, and where guardian is purportedly appearing on behalf of children who are also not parties in appellate proceedings. “390 Marsha B. Elser, Miami; Cynthia L. Greene, Miami, for appellant. Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin, & Perwin, and Joel $, Perwin, Miami; Bar- ranco, Kircher, Vogelsang & Boldt, and Kimberly L, Boldt, Miami, for appellee. Before GERSTEN, SHEVIN, and SORONDO, JJ. ON APPELLANT'S RENEWED MOTION TO PRO- HIBIT FURTHER INVOLVEMENT IN THESE AP- PELLATE PROCEEDINGS BY THE GUARDIAN AD LITEM AND/OR COUNSEL APPEARING ON BEHALF OF THE GUARDIAN AD LITEM GERSTEN, Judge. Appellant, Deborah M. Perez (“the Former Wife”), moves this Court to prohibit further involvement in these appellate proceedings by the Guardian ad Litem (“Guardian”) and counsel appearing on be- half of the Guardian. We grant the Former Wife's motion and write further to discuss our serious con- cerns regarding the proceedings in this case, and to clarify that there is no statutory basis for a Guardi- an to file motions and a brief in a child custody ap- peal’! FNI. Initially, we denied the Former Wife's motion to prohibit further involve- ment by the Guardian ad Litem, However, we cautioned in our ruling that the denial Page 4 of 11 Page 3 was “without prejudice to renew if neces- sary.” At this stage of the proceedings, and during a flurry of emergency motions filed by the appellee, the Guardian had filed only two documents; one entitled “Guardian ad Litem's Emergency Motion for Rehearing of Stay” and one entitled “Guardian ad Litem's Emergency Motion to Relinquish Jurisdiction.” Both were denied. Thereafter, the Guardian advised counsel for the Former Wife that a brief would be filed with this Court, The Former Wife then renewed her motion correctly observing that the Guardian intended to continue her wholly unauthorized and im- proper conduct, Background Facts The Former Wife and appellee Jorge M. Perez, (“the Former Husband") divorced in 1995. The Former Wife became primary residential parent of the parties’ three minor children, In November of 1996, the parties agreed to a modification of the marital settlement agreement which specifically provided that the Former Wife could permanently relocate the children to the State of Utah in June of 1998, In accordance with the 1996 agreement, the Former Wife purchased property in Utah, sold the home where she and the children were living in Miami, enrolled the children in a Utah school, and notified the Former Husband that she and the children would be relocating to Utah on June 18, 1998. However, two weeks prior to the scheduled and upon departure date, the Former Husband filed a petition for modification of custody and at- tempted on an emergency basis to enjoin the Former Wife from relocating the children. The (rial court denied the emergency motion determining the parties had agreed to the relocation, and the Former Wife and children moved to Utah. Thereafter, pursuant to the parties’ visitation agree- © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2. westlaw.com/print/printstream.aspx?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180830

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769 So.2d 389 769 So,2d 389, 24 Fla. L. Weekly D2439 (Cite as; 769 So.2d 389) ment, the children spent the *391 summer of 1999 visiting with the Former Husband. The children having been enrolled in school in Utah, were to be returned to the Former Wife on August 21, 1999, During this agreed summer visitation, the Former Husband's petition for modification proceeded to trial. On July 30, 1999, the trial court entered an or- der modifying custody which is the subject of the main appeal. The order split custody of the children, awarding custody of the two sons to the Former Husband, and custody of the parties’ daughter to remain with the Former Wife. The trial court's basis for splitting custody was the expressed preference of the two sons to live in Miami. FN2. We note that the Former Husband's petition did not seek an award of split cus- tody. In its order, the court noted that the Guardian, Jac- queline Valdespino, testified there was a substantial change in circumstances in accord with the Former Husband's position. However, the court explained that it did not base its decision solely on the Guard- ian's testimony and report, because “part of her testimony at trial, as well as part of her conclusions in the Guardian Ad Litem’s report ... are based partly on evidence which is clearly hearsay..." On August 9, 1999, the Former Wife filed a Motion for Rehearing and Motion For Stay Pending Appeal which was denied by the trial court on August 20, 1999,"9 On August 23, 1999, the Former Wife filed her notice of appeal, and the next day filed an emergency motion seeking a stay of the trial court order, pending review in this Court. FN3. The children had been enrolled in school in Utah for over a year, and the agreement provided that they were to be returned to the Former Wife on August 21st. In spite of the fact that the trial court's custody modification order had been suspended by the filing of the Former Page 5 of 11 Page 4 Wife's Motion for Rehearing, the Former Husband placed the children in school in Miami on August 18th, The children were not returned to the Former Wife, although the primary residence of the children re- mained with the Former Wife at the time the Former Husband enrolled them in school. Appellate Proceedings: A Barrage of Motions (1)[2][3] On August 24, 1999, the Former Wife filed an Emergency Motion for Stay Pending Re- view and a Motion to Expedite Appeal, The Former Wife's motion for stay alleged a likelihood of suc- cess on the merits, and that the best interests of the children required maintaining the status quo. Pursu- ant to her agreement with the Former Husband, the Former Wife requested that the children resume school in Utah pending a final decision on appeal. This Court granted the Former Wife's motions or- dering a stay pending appeal, and that the appeal be expedited.™ FN4. This Court has authority to issue a stay under Rule 9,310(f), Florida Rules of Appellate Procedure, for the purpose of preserving the status quo during an appel- late proceeding. See Hirsch | Hirsch, 309 So.2d 47 (Fla. 3d DCA 1975). Once a stay is issued, the stay remains in effect until the appellate court mandate is issued. Rule 9.310(e), Fla. R.App. P. Factors which are considered by this Court in deciding whether to grant a stay include the moving party's likelihood of success on the merits, and the likelihood of harm should a stay not be granted. See State ex rel. Price v. McCord, 380 So.2d 1037 (Fla.1980). During the course of the trial court pro- ceedings, the children had been spending the summer with the Former Husband pursuant to the parties’ visitation ar- rangements. The Former Husband did © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2. westlaw.com/print/printstream.aspx ?prft-H TMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180831

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769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So,2d 389) not return the children to the Former Wife, see supra note 3, and the Former Wife's motions contain facts and argu- ments indicating the Former Husband used this summer time as a means to ma- nipulate the children's custody prefer- ence. These facts and others were sufficient to establish the Former Wife had a likeli- hood of success on the merits, Coupled with our additional concerns regarding the children's schooling and their best in- terests, greater harm could result if the quo were not |. See Offer- man |p. Offerman, 643 So.2d 1184 (Fla. Sth DCA 1994)(granting motion to stay temporary custody order), The facts raised by the Former Wife in support of her motion for a stay are most troubling, and we emphasize that this Court will not tolerate the improper use of visila- tion to manipulate a child's custody pref- erence, *392 This Court's order granting the stay resulted in a flood of motions, including an “Emergency Mo- tion For Rehearing of Stay” filed by the Guardian advocating the Former Husband's position, and a “Notice of Appearance filed by an attorney on be- half the Guardian’.™’ Not surprisingly, the Former Husband also filed an emergency motion for review of the order granting the stay.""° On August 26, 1999, this Court denied both the Former Husband's and the Guardian's motions. FNS. The Notice of Appearance filed by the attorney stated she appeared “on behalf of the Guardian.” A Notice of A\ was also filed by the Guardian “on behalf of the minor children as Guardian Ad Litem.” FN6. The Former Husband's motion has the rather lengthy title of “Emergency Mo- tion For Rehearing and For En Banc Re- Page 6 of 11 Page 5 view of the Court's Ex Parte Order Grant- ing the Wife's Motion to Stay Execution of a Child Custody Order, Without Waiting for the Husband's Response to That Mo- tion.” It incorrectly states that this Court's ruling constitutes an “ex parte judicial de- termination ... [which] is simply and flatly a violation of due process.” There is no au- thority for an “en banc review” of an order issued by an appellate panel granting a stay pending review. More importantly, this Court has the inherent authority in its dis- cretion to enter a ruling on a motion at any time, with or without a responsive plead- ing. In any event, the Former Husband's Emergency Motion was thoroughly con- sidered at the time it was filed, and was denied by this Court. In accordance with this Court's mandate, the parties’ two sons were sent to Utah on August 27, 1999. Three days later, on August 30th, the oldest son traveled to Miami where he was met at the air- port by the Former Husband. This prompted the Guardian and the Former Husband to once again at- tempt to evade the stay order, The Former Husband first filed an emergency mo- tion in the trial court where the trial judge held an emergency hearing by telephoric. The Former Hus- band told the trial court that the Guardian had “advised” him not to return the child to the Former Wife in Utah “before (the child sees) a professional counselor who can address his present state of mind,” The trial court denied the motion finding that this Court had “effectively taken jurisdiction” over the matter, and ordered the child be returned to Utah to “comply with the law that is now the law of this case; i.e. the stay of these proceedings.” Instead of returning the child, however, both the Guardian and the Former Husband then decided to file motions again in this Court. The Guardian's emergency motion asked this Court to “relinquish jurisdiction” to the trial court to consider testimony as to possible emotional damage to the parties’ eld- © 2009 Thomson Reuters/West. No Claim to Orig, US Gov. Works. http://web2,westlaw.com/print/printstream.aspx?prft=-HT MLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180832

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— } t } 769 So.2d 389 769 So.2d 389, 24 Fla, L. Weekly D2439 (Cite as: 769 So.2d 389) est son. The Former Husband filed a similar motion entitled “Father/Appellee’s Response in Support of Guardian Ad Litem’s Emergency Motion to Relin- quish Jurisdiction.” Both the Former Husband's and the Guardian's motions were denied. Our denial of these motions was based upon what should be an obvious theorem-that parents and their minor chil- dren must obey court orders. We are extremely concerned over this type of mo- tion practice and caution counsel that “appellate motion practice is not a game of ping-pong in which the last lawyer to serve wins.” See Sarasota County y. Ex, 645 So.2d 7 (Fla. 2d DCA 1994). To an even greater extent, we are extremely concerned with the impact of such behavior on children. Chil- dren should not be “played” as if in a game of ping- pong where the parent with the greater resources to serve the greatest number of motions wins. Apparently, the Former Wife was also disturbed by the Guardian's involvement in the appellate pro- ceedings, and moved to prohibit further involve- ment by the Guardian when she filed her response to the Guardian's second emergency motion on September 1, 1999. Although we denied the motion to prohibit at this time, see infra note 1, the denial was “without prejudice to renew if necessary.” When the Guardian notified counsel for the Former *393 Wife of her intent to file an appellate brief with this Court, the Former Wife renewed her mo- tion. For the reasons that follow, we grant the mo- tion and prohibit further involvement of the Guardi- an in these appellate proceedings. The Role of a Guardian Ad Litem In Child Cus- tody Appellate Proceedings [4}[5)[6} The universally recognized function of a guardian ad litem in a custody dispute is to protect the best interests of children. Litigation involving custody issues can be particularly acrimonious and, unfortunately, children are particularly vulnerable to the harms commonly associated with hostility and conflict between parents, Guardians ad litem Page 7 of 11 Page 6 serve an important role, under limited circum- stances, by acting as representatives of children and promoting society's interest in protecting children from the traumas commonly associated with di- vorce and custody disputes. See Scaringe v. Her- rick, 711 So,2d 204 (Fla, 2d DCA 1998); Repres- enting Children: Standards For Attorneys and Guardians Ad Litem In Custody or Visitation Pro- ceedings (With Commentary), 13 J. Am. Acad. Matrim. Law. | (Summer 1995). [7] Once appointed, the powers and authority of a guardian ad litem include investigation, discovery matters, requesting necessary examinations of the parties or the child, obtaining impartial examina- tions and making recommendations to the court, See§ 61.403 Fla. Stat. (1997). However, the duties and responsibilities of a guardian ad litem are not coextensive with those of an attorney. See Roski v, Roski, 730 So.2d 413 (Fla. 2d DCA 1999); see also Representing Children: Standards For Attorneys and Guardians Ad Litem In Custody or Visitation Proceedings (With Commentary), 13 J. Am. Acad. Matrim. Law. 1 (Summer 1995)(a guardian ad litem who is also an attorney should not combine the roles of counsel and guardian; Standard 3.1). In fact, Section 61.401, Florida Statutes (1997) spe- cifically provides that the role of a guardian ad litem is “to act as next friend of the child, investig- ator or evaluator, not as attorney or advocate.” See also,§ 61,403 Fla. Stat. (1997). And so we come to the crux of our concerns in these proceedings. Section 61.401 states that the guardian shall not act as an advocate and the Guardian's role is defined as limited to the specific litigation in which the Guardian is appointed. See Roski v. Roski, 730 So.2d at 413; Black's Law Dic- tionary 70 (6th ed.1990). Section 61.403 delineates the Guardian's powers and authority in the context of trial court proceedings. Nowhere is there any ref- erence to appellate court proceedings in the statutes pertaining to the responsibilities of guardians ad litem." FN7. The Former Husband contends that © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2. westlaw.com/print/printstream.aspx?prft=H TMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180833 i | | } |

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| | 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) Section 6140! should be interpreted broadly as permitting guardians ad litem to Participate in appellate proceedings, be- cause this Section states the guardian “shall be a party to any judicial proceed- ing.” We disagree for the reasons dis- cussed throughout this opinion, and based upon our conclusion that the statute's refer- ence to the guardian's status as a party in judicial proceedings, refers to the trial court proceedings in which the guardian was appointed. Our interpretation is con- sistent with the prohibition against guardi- an's acting as advocates contained within this very same section, and with common sense. : [8] An appellate court is not a fact-finding court and there is simply no proper role for a Guardian at the appellate level. The Guardian fulfilled her stat- utorily defined duty when she completed her invest- igation and report to the trial court-the court in which she was appointed," FN8. We note that the Guardian's report is part of the appellate record and is at the disposal of both the Former Husband and the Former Wife in this proceeding. (9)(10] When attorneys are appointed to serve as guardians ad litem, their roles in the litigation pro- cess are significantly different than the roles they would otherwise assume as lawyers. Guardians ad litem are required to act in the best interests*394 of children even if this conflicts with the children's wishes, and must serve as independent fact invest- igators. The filing of motions and a brief by the Guardian in appellate proceedings conflicts with these functions, and violates the statutory prohibi- tion against Guardians acting as advocates. See§ 61.403 Fla. Stat, (1997); Scaringe v. Herrick, 711 So.2d at 204. Simply, the Guardian does not have a statutory right to appear in these proceedings. See Betz v. Betz, 254 Neb. 341, 575 N.W.2d 406, 410 (1998)."x? Page 8 of 11 Page7 FN9. Although Betz involved the role of the guardian &d litem at the trial court level, we find many of the observations made by the court as to the proper function of the guardian relevant to our analysis. The Betz court noted that the primary func- tion of a guardian is to provide the ap- pointing court with necessary information by way of admissible evidence. The court further cautioned that: “A guardian ad litem may be an attorney, but an attorney who performs the func- tions of a guardian ad litem does not act as an attorney and is not to participate in the trial in an adversarial fashion such as calling or examining witnesses or filing pleadings or briefs.” Betz v, Betz, 575 N.W.2d at 409 (emphasis added), For purposes of this decision, we agree with Betz that it is improper for a guardian ad litem to file a brief in an appellate pro- ceeding. Such participation on appeal vi- olates the proscription against a guardian ad litem assuming the role of an advoc- ate, and exceeds the bounds of the guardian's limited duties toward the ap- pointing trial court. The Guardian is further prohibited from appearing in these lings because she is not a proper party under Rule 9.020, Florida Rules of Appellate Procedure, It is well established that only parties (or their representatives) who have suffered an ad- verse affect in the lower tribunal cause of action are entitled to participate in an appeal. See Stas v, Posada, 760 So.2d 954 (Fla. 3d DCA 1999); Or- ange County, Fla. v. Game and Fresh Water Fish Commission, 397 So.2d 411 (Fla. Sth DCA 1981); Florida Civil Practice Guide, Vol. 6, § 143.03 (Lexis Publishing 1998), [11] Rule 9.020 defines the “parties” to an appeal as the “appellant” and the “appellee.” Neither the Former Husband nor the Former Wife sought relief against the children, Further, minor children in a © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx ?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180834

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769 So.2d 389 . 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) custody proceeding are not considered as “necessary parties” to the action. See Shienvold y. Habie, 622 So.2d 538 (Fla. 4th DCA 1993), There- fore, it is manifestly obvious that the minor chil- dren in this case are not “parties” to this proceed- ing, and thus the Guardian cannot appear on their behalf. {12} We are also disturbed by the Guardian's reten- tion of an attorney to represent the Guardian in the appellate proceedings. As noted earlier, on the same day the Guardian filed her notice of appearance “on behalf of the children,” an attorney filed a notice of appearance “on behalf of the Guardian.” However, this attorney had never been appointed by any court to serve in any capacity in this case, There is no au- thority permitting a Guardian to retain counsel on behalf of herself in an appeal, where the Guardian is not a party to the proceedings, and where the Guardian is purportedly appearing on behalf of children who are also not parties in the appellate proceedings, See generally Betz v. Betz, 254 Neb. 341, 575 N.W.2d 406, 410 (1998)(a guardian who feels the need to retain an attorney should apply to the appointing court for permission). In conclusion, there is no authority for a Guardian, Or an attorney purportedly representing a Guardian, to submit motions or a brief in a child custody ap- peal." Guardians*395 render an important. ser- vice to the courts of this state, and we recognize that the lines separating the functions of an attorney as Guardian and an attorney as advocate, can be- come easily blurred. We hope the line has now be- come more distinct. FNIO. Nothing in this opinion shall be construed as affecting the role of a Guardi- an In other types of cases, or in the obvious situation where a child is the real party in- terest. See generally, S.A.P. v. State, Dep't of Health and Rehabilitative Servs, 704 So.2d 583, 585 (Fla, Ist DCA 1997)(minor may not bring action on her own behalf, and can only sue by and through a guardi- an ad litem, next friend or other duly ap- Page 9 of 1] Page 8 pointed representative); Kingsley v. Kings- ley, 623 So.2d 780, 784 (Fla. Sth DCA 1993)(guardian ad litem or next friend is required to represent a minor in a termina- tion of parental rights case), review denied, 634 So.2d 625 (Fla,1994);Fla. R. Civ. P., Rule 1,210(b) (minors do not have legal capacity to initiate legal proceedings in their own names). The Former Wife's motion is granted. The motions filed by the Guardian are stricken, and the Guardi- an, as well as counsel appearing on behalf of the Guardian, are prohibited from filing an appellate brief as a party in these proceedings,!*!! FNI1, The Guardian's motion for leave to file an amicus curiae brief pursuant to Florida Rule of Appellate Procedure 9.370 is granted. The Guardian is permitted to file an amicus curiae brief only. Motion to prohibit granted. SHEVIN, Judge, concurs.SORONDO, J. (specially concurring), I agree with the majority that the guardian ad litem does not have standing to file a brief in this case, I write separately because I arrive at the same con- clusion through a somewhat different analysis, Deborah Perez (the mother), argues that the stat- ute's mandate that the guardian “act as next friend of the child, investigator or evaluator, not as attor- ney or advocate,” in section 61.401, Florida Stat- ules (1997), precludes the guardian from taking a position in this appeal because the guardian's argu- ments will place her in the role of advocate,/Ni2 The mother further argues that the appointment of the guardian by the lower court does not authorize her to file pleadings in this Court. FN12, Needless to say, the guardian's posi- tion in this case is contrary to that of the mother, Jorge M. Perez (the father), responds that the stat- © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180835

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{ 769 So.2d 389 769 So.2d 389, 24 Fla, L. Weekly D2439 (Cite as: 769 So.2d 389) ‘ ute is ambiguous because although it sets forth the language cited above, the statute also makes the guardian a “party.” This elevates the guardian to the same level as the other, parties in the case, the father and the mother. As such the guardian has the right to file pleadings with this Court in furtherance of the best interest of the children, When first passed by the Florida Legislature, sec- tion 61.401 Florida Statutes (Supp.1990), as pertin- ent here, read as follows: Appointment of guardian ad litem.-In an action for dissolution of marriage, modification, parental re- sponsibility, custody, or visitation, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to represent the child, As relevant to the issues before us, section 61.403, Florida Statutes (Supp.1990), stated: Guardians ad litem; powers and authority.-A guard- ian ad litem when appointed shall act as a repres- entative of the child and shall act in the child's best interest. In 1994, the Legislature amended both statutes. Section 61.401 was amended to read: Appointment of guardian ad litem.-In an action for dissolution of marriage, modification, parental re- sponsibility, custody, or visitation, if the court finds it is in the best interest of the child, the court may appoint a guardian ad Jitem to act as next friend of the child, investigator or evaluator, not as attorney or advocate. The court in its discretion may also appoint legal counsel for the child to act as attor- ney or advocate; however, the guardian and the legal counsel shall not be the same person, ...The guardian ad litem shall be a party to any judicial proceeding from the date of the appointment until the date of discharge. Ch. 94-204, § 3, Laws of Fla. (amending § 61.401, Fla. Stat. (1993))(emphasis added).*396 Section 61.403, as pertinent here, was also amended: Guardians ad litem; powers and authority, A guard- ian ad litem when appointed shall act as next friend Page 10 of 11 Page 9 of the child, investigator or evaluator, not as attor- ney or advocate but shall act in the child's best in- terest. Ch. 94-204, § 5, Laws of Fla. (amending § 61.401, Fla, Stat, (1993)) (emphasis added). In 1994, the legislature excised all language con- cerning the “representation” of the child, and in- cluded language specifically stating that the guardi- an was not to act as “attorney or advocate.” The amended statute went on to provide that the trial court could appoint counsel for the child to serve that function. The legislature clearly intended that the function of the guardian be one of "next friend” to the child. This role includes the power to invest- igate and evaluate the case, and to make recom- mendations to the trial judge which are consistent with the best interest of the child, See§ 61.403(5), (8), Fla. Stat. (1997). In short, the guardian's role is to discover, analyze and communicate facts to the judge which will assist the trial court in the per- formance of its duty to determine the best interest of children in divorce proceedings, The role of ad- vocate for the child, the legislature reserved for counsel, which the court can appoint if it considers appropriate and necessary, The trial judge in this case did not appoint counsel, The father’s argument that the guardian's elevation to the status of “party” gives her the right to file pleadings in this Court is unpersuasive. First, it is clear that the guardian is not a party to this action in the strict and acknowledged sense of the word. In defining the word, Black's Law Dictionary 1122 (6th ed. 1990) states: “Party” is a technical word having a precise mean- ing in the legal parlance; it refers to those by or against whom a legal suit is brought, whether in law or equity, the party plaintiff or defendant, whether composed of one or more individuals and whether natural or legal persons; all others who may be affected by the suit, indirectly or con- sequently, are persons interested but not parties. © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180836

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769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) See alsoS9 AmJur.2d Parties § 7 (1987)(The word party or parties “designates the opposing litigants in a judicial proceeding-the persons seeking to estab- lish a right and those upon whom it is sought to im- Pose @ corresponding duty or liability ...”), Under this definition the guardian in this case is not a party. Accordingly, the guardian is a “party” in this judicial proceeding only because the legislature has made her such. Because this status is created by Statute it can be defined by statute, and the statutes in question do just that, The legislature first chose to limit the guardian's role as a “party” by forbid- ding her from acting in a certain way, i.e, as an ad- vocate for the child. Next, in section 61.403(2), (3), and (6), the legislature required the guardian to pe- tition the court and file pleadings only through counsel-a “true” party could do so pro se, Finally, the guardian does not become a party at the incep- tion of the litigation or because she has a personal interest, she attains that status by judicial appoint- ment and retains her identity as such only until dis- charged by the judge. Thus, although the legislature has created this special class of “party,” it has also defined its limitations, As I read the statute, the guardian does not have a party's right to file plead- ings in this Court because this will, mandatorily, re- quire her to become an advocate. The majority correctly observes that there is no role for the guardian to play in this Court because all factual issues and determinations have been fully developed below. This Court is in a position to read the record of the lower court, which contains all of the guardian's contributions to this lawsuit. A brief review of that record indicates that the guardian's position is the same as that of the father in this case and has been repeatedly and zealously expressed in both the lower court and this *397 Court. Indeed, the father relies heavily on the recommendations of the guardian. The guardian's presence in this appel- late proceeding is therefore superfluous. I do acknowledge that in certain cases the guardian may serve a valuable role on appeal. Usually, the guardian's recommendations will bolster the legal Page 11 of 11 Page 10 position of one of the parents. There are extraordin- ary cases, however, where the guardian's conclu- sions could be detrimental to both parents. I refer specifically to cases which contain issues concern- ing the parents’ mental and emotional stability and cases involving domestic violence and/or child ab- use. In such cases, a guardian could recommend that neither parent be awarded custody or that cus- tody should be predicated upon a particular parent's participation in some type of psychological coun- seling. These cases may call for a guardian to file a brief in an appeal and this Court has the authority, which the majority has chosen to exercise in this case, to allow the guardian to appear as amicus curlae pursuant to rule 9.370 of the Florida Rules of Appellate Procedure." I do not believe that this appeal calls for the guardian's participation. FNI3. Even under these circumstances the guardian must seek leave of court to hire counsel. I join the majority in its conclu- sion that the guardian's sua sponte decision to hire counsel in this case, presumably at the expense of the parties, was highly im- proper, Fla.App. 3 Dist.,1999, Perez v. Perez 769 So.2d 389, 24 Fla. L. Weekly D2439 END OF DOCUMENT © 2009 Thomson Reuters/West. No Claim to Orig, US Gov. Works. http://web2. westlaw.com/print/printstream.aspx ?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180837

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_ ——aw —~ —— — —e —— —e a —e —— —neneer EFTA00180838

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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION "W" CASE NO. 502008CF009381AXXMB 502006CF009454AXXMB STATE OF FLORIDA, vs. JEFFREY EPSTEIN, Defendant ee ORDER. THIS MATTER came before the Court on the following: a) Non-party E.W.'s Motion to Vacate Order Sealing Records and Unseal Records b) Palm Beach Post's Motions to Intervene and Petition for Access c) B.B.'s Motions to Intervene and for an Order to Unseal Records d) Jeffrey Epstein's Motion to Make Court Records Confidential A hearing was conducted on these matters on June 25, 2009. The Court notes that Mr. Goldberger, Esq. and Mr. Critton, Esq. were present on behalf of Jeffrey Epstein. Ms. Shullman, Esq. was present on behalf of the Palm Beach Post, Mr. Berger, Esq. and Mr. Edwards, Esq. were present on behalf of E.W., Mr. Kuvin, Esq. was present on behalf of B.B., Assistant State Attorney Barbara Burns was present on behalf of the State of Florida. No appearance was filed on behalf of the United States. After giving an opportunity for all parties to be heard, the Court finds as follows: EFTA00180839

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Page Two Case No. 502008CF009381AXXMB/502006CF009454AXXMB 1. The State of Florida charged the Defendant, Jeffrey Epstein, with Felony Solicitation of Prostitution. 2. The State of Florida and Mr. Epstein came to a negotiated resolution of the charges. Part of that resolution included an agreement entered into between Mr. Epstein and the United States. At the plea conference in State court Mr. Epstein plead guilty to the State charges. At the plea conference the agreement between Mr. Epstein and the United States were made part of this Court's record. The agreement was sealed in two separate filings. At the time the State court took these matters under seal, the proper procedure for sealing such documents had not been followed. The June 25th hearing was to give Mr. Epstein, the State, and/or. the United States an opportunity to comply with the well-defined and narrow parameters for sealing such documents, After hearing argument of counsel, the Court makes the following findings and rulings: 1) Neither the State of Florida nor the U.S. Government nor Mr. Epstein have presented sufficient evidence to warrant the sealing of documents currently held by the Court. 2) The Motions to seal the Court records are denied. 3) The Motions to intervene are granted. 4) The Motion to unseal the documents is granted. EFTA00180840

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Page Three | Case No. 502008CF009381AXXMB/502006CF009454AXXMB | 5) The originals will not be disclosed, however the undersigned will do an in- camera inspection and redact the names of the underage victims, if any, so their identity will be indicated by their initials. 6) This Order is in no way to be interpreted as permission to not comply with U.S. District Court Kenneth Marra's previous Orders. 7) The disclosure of the sealed documents shall be stayed at least until June 26, 2009, at 9:00 a.m., at which time the Court will hear "Epstein's Motion to Stay Disclosure of Non-Prosecution Agreement and Addendum Pending Review". DONE AND ORDERED in West Palm Beach, Palm bounty, Florida this ____ day of June, 2009. Copies furnished: R. Alexander Acosta, U.S, Attorney's Office - Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 | Barbara Burns, Esq., State Attorney's Office | 401 North Dixie Highway j West Palm Beach, FL 33401 William J. Berger, Esq. Bradley J, Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard., Suite 1650 Ft. Lauderdale, FL 33394 Robert D. Critton, Esq. Burman, Critton, Luttier & Coleman 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401 EFTA00180841

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Page Four Case No. 502008CF00938 1AXXMB/502006CF009454AXXMB Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Spencer T. Kuvin, Esq. Leopold-Kuvin, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Deanna K. Shullman, Esq. P. O. Box 2602 Tampa, FL 33602 EFTA00180842

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RECYCLED PAPER es) TO REORDER CALL 954-846-9399 LEGAL O EFTA00180843

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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION WY CASE NO. 502008CF009381AXXMB 502006CF009454AXXMB ‘ STATE OF FLORIDA, JEFFREY EPSTEIN, Defendant } R DEN MOTION Ti DI THIS MATTER came before the Court at a hearing on June 26, 2009, on Jeffrey Epstein’s Motion to Stay the Disclosure of the Non-Prosecution.Agréement and the Addendum thereto. The Court notes the parties were present and represented by counsel. Based upon argument, it.is ORDERED AND ADJUDGED that 1. The Motion to Stay is denied. 2. The Clerk of Court shall make the documents available for disclosure at noon on Thursday, July 2, 2009. It Is the intent of the Court to give the Defendant, Mr. Epstein, and his attorney an opportunity to have this Court's orders reviewed by the 4" DCA, If the Clerk gets no direction from the Appellate Court, she shall disclose the documents on the date referred to above. . DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida this - i ____ day of June, 2009. . EFTA00180844

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Page Two Case No. Seen CE ORE LADO STZODECFIOD ASAAKKMB Copies furnished: R. Alexander Acosta, U.S, Attorney's Office - Southern District 500 South Australian Avenue, Suite 400 * West Palm Beach, FL 33401 Barbara Burns, Esq., State Attorney's Office 401 North Dixie Highway West Palm Beach, FL 33401 William J. Berger, Esq. Bradley J. Edwards, Esq. Rothstein Rosenfeldt Adler _ 401 East Las Olas Boulevard., Sulte 1650 Ft, Lauderdale, FL 33394 Robert D. Critton, Esq. Burman, Critton, Luttier & Coleman 515 North Flagler Drive, Sulte 400 West Palm Beach, FL 33401 NY Jack A. Goldberger, Esq. Atterbury, Goldberger & Welss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Spencer T. Kuvin, Esq. Leopold-Kuvin, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Deanna K. Shullman, Esq. P. O, Box 2602 Tampa, FL 33602 EFTA00180845

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EFTA00180846

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION STATE OF FLORIDA vs. CASE No. 2008CF009381AXX CERTIFIED COPY ) ) ) ) JEFFREY EPSTEIN, ) ) ) Defendant. PROCEEDINGS BEFORE THE COURT PRESIDING: HONORABLE JEFFREY COLBATH APPEARANCES: ON BEHALF OF THE STATE: BARRY E. KRISCHER, ESQUIRE State Attorney 401 North Dixie Highway West Palm Beach, Florida 33401 By: BARBARA BURNS, ESQUIRE Assistant State Attorney ON BEHALF OF THE DEFENDANT: JACK GOLDBERGER, ESQUIRE 250 S Australian Ave Ste 1400 West Palm Beach, Florida 33401 And ROBERT CRITTON, ESQUIRE 515 N Flagler Dr Ste 400 West Palm Beach, Florida 33401 ON BEHALF OF THE PALM BEACH POST: DEANNA SHULLMAN, ESQUIRE Thomas, LoCicero & Bralow 101 N.E. 3rd Avenue - Ste 1500 Fort Lauderdale, Florida 33301 ON BEHALF OF EW, THE INTERVENER: WILLIAM J. BERGER, ESQUIRE BRAD EDWARDS, ESQUIRE 225 NE Mizner Blvd Ste 675 Boca Raton, Florida 33432 SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180847

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ON BEHALF OF EB, MOTION INTERVENER'S PLEADING: SPENCER KUVIN, ESQUIRE 2925 PGA Blvd Ste 200 Palm Beach Gardens, Florida 33410 June 25, 2009 Palm Beach County Courthouse West Palm Beach, Florida 33401 Beginning at 1:50 o'clock, p.m, SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180848

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BE IT REMEMBERED that the following proceedings were had in the above-entitled cause before the HONORABLE JEFFREY COLBATH, one of the judges of the aforesaid court, at the Palm Beach County Courthouse, located in the City of West Palm Beach, State of Florida on June 25, 2009 beginning at 1:50 o'clock, p.m. with appearances as hereinbefore noted, to wit: THEREUPON: THE COURT: Let me call up the case of the state of Florida versus Jeffrey | Epstein. Let me have counsel announce their appearances for the record. | MS. SHULLMAN: Deanna Shullman of | Thomas, LoCicero & Bralow on behalf of the Palm Beach Post. THE COURT: Ms. Shullman, nice to see you again, good morning, MS. SHULLMAN: You too. | MR. GERBER: William J. Berger for EW, the intervener. MR. EDWARDS: Brad Edwards also on behalf of the EW. MR. KUVIN: Spencer Kuvin on behalf of EB, motion intervener's pleading. SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180849

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GOLDBERGER: Good afternoon, Judge, Jack Goldberger and Robert Critton on behalf of Jeffrey Epstein. THE COURT: And I'm guessing that, Mr. Kuvin, if I grant the motion to unseal that which has been sealed, your motion to intervene will be moot. MR. KUVIN: Will be. THE COURT: I thought so. This is what I'm thinking and -- oh, we've got more, MS. BURNS: One more appearance, excuse me, Judge, Barbara Burns on behalf of the state of Florida, the state attorney's office of the 15th Judicial Circuit. THE COURT: All right. Procedurally, I think the way that this came to us is that at the conclusion or at some point during a plea conference between the state of Florida and Mr. Epstein, the state and the defense hand an agreed order to Judge Puccillo. MS. BURNS: Puccillo. THE COURT: And asked her to sign an SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180850

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agreement to seal some portion of some documents, which she signed off on and now it is the intervener's and the Post's motion to unseal those documents; is that kind of procedurally where we are? MR. GOLDBERGER: Procedurally not exactly correct, I don't know if you want me to clarify that. THE COURT: Please do. MR. GOLDBERGER: Your Honor, this started during the course of a plea colloquy in Mr. Epstein's state proceeding before Judge Puccillo, who is a retired senior judge who was filling in for Judge McSorley on that day, who was the judge assigned to this division. It was a plea agreement with the state attorney's office and it is normal and consistent with any plea colloquy Judge Puccillo asked the defense whether there were any other promises or inducements for Mr. Epstein to enter into his plea agreement other than what was contained in the state standard plea agreement that we had. I felt obligated under the circumstances to alert SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180851

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to the Court that there was a confidential agreement between Mr. Epstein's -- Mr. Epstein's attorneys and the United States attorney's office for the Southern District of Florida which would have been triggered upon the successful taking of the plea by Judge Puccillo. In other words, if the plea was accepted by Judge Puccillo, there's a confidential agreement between U.S. attorney's office and the defense that would be triggered and they would agree not to take some actions against Mr. Epstein. I advised Judge Puccillo of that, and at that time she said she would like to see the matter sealed in the court file. I said fine, and then we later -- I then filed that document, and the clerk's office notified me and said we need an order sealing this, and we submitted an order to seal the document. THE COURT: All right. Is there anybody here from the U.S. attorney's office? Has anybody notified them, or is there a dog in this fight or do they care? SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180852

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 If they're a party to this confidential thing, wouldn't you think that they might be. MR. GOLDBERGER: Your Honor, they have been noticed. They have taken a position in parallel proceedings that this matter should remain confidential, and they have done that in federal court, and I believe that is their position still. MR. EDWARDS: Your Honor, I have been “| in communication with the u.s. attorney's office, and they are not taking a position on this issue, which is why they're not in court right now. THE COURT: What's going on in federal court? MR. GOLDBERGER: There are a number of civil cases that are pending right now. THE COURT: And they're talking about the same documents that are under seal here in our court? MR. EDWARDS: Yes. MR. GOLDBERGER: Yes, your Honor, and I will address that at the appropriate time what's going on here. SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER | | | EFTA00180853

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: All right. So thank you, Mr. Goldberger for getting that straightened out, MR. GERBER: Judge, just to clarify one other point. THE COURT; Sure, MR. GERBER: I think actually there's an additional step because Mr. Goldberger on behalf of mr, Epstein or Mr. Critton I believe filed motion, and I think that that will tell us who goes first today and who has the burden today. THE COURT: This is -- and I'm thinking outloud that my take on that is that my review of the file shows that the appropriate steps to seal these documents wasn't followed initially. I'm looking at it as it would be whoever's moving to have them sealed, it's their burden to prove the steps that you have to Prove to get things sealed by the Court, and so that's -- ft hinted last meeting that we all had together but that's where I'd go, so I'q shift the burden over to the federal government and to mr. Epstein, that's what SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180854

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10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 I'm thinking. Let me ask first go over to the Post, Ms. Shullman, what are your thoughts on that procedure? MS. SHULLMAN: your Honor, I think that's the correct procedure here, TI thin Mr. Epstein's motion to make court records confidential tacitly admits what we Suspected last time, which was that the initial closure of the documents was not done pursuant to the acceptable procedures. THE COURT: All right. Mr. Berger, Mr. Edwards, that's all right with you? MR. EDWARDS: We agree. MR. GERBER: That's what my point was, yes, your Honor, thank you. THE COURT: Mr, Goldberger, what do you think? MR. GOLDBERGER: That's fine, your Honor, with the -- I'11 wait until after the proceeding. . THE COURT: All right. you may proceed, MR. GOLDBERGER: Judge, as I said to Clarify the record, this matter started during the course of mr. Epstein's plea SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER k | EFTA00180855

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 colloquy in state court and just so that the record was clear that all inducements for Mr. Epstein's plea was on the record when Judge Puccillo asked me if there had been any promises made to Mr. Epstein, I think properly and ethically we told the Court that there was an agreed -- confidential agreement with the federal government that was in place that basically said we will not prosecute Mr. Epstein for federal offenses if the state plea agreement is accepted by the Court and Mr. Epstein's sentence is imposed. The state proceeding was over at the time that I advised Judge Puccillo that, in other words, we had gone through the plea colloquy and I simply was advising her of this other agreement. tt was Judge Puccillo who then asked us to approach, and the Court has a copy of that transcript, I believe. It was Judge Puccillo that said I'a@ like to have that document sealed in the court file, and I acquiesced to that, I said that's fine, So, first, asa preliminary matter, SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180856

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11 1 it wasn't like we were coming into court on 2 that day and asking to seal something, so 3 it would have been presumptuous of me to 4 file something to request to have something 5 sealed when it came up during the course of 6 the proceeding, and, in fact, the committee 7 notes on the rule of judicial 8 administration talk about that and say 9 matters come up all the time during the 10 course of hearings and the fact that 11 something is not filed in advance does not 12 necessarily taint the entire process, so we 13. agreed to come forward and file our motion 14 to seal after the fact, because we didn't 15 know this matter would be coming up. 16 But having said that, Judge, this 17 confidential agreement was not part of any 18 state plea agreement, it's not Part of the 19 Proceedings, it was ancillary to the state 20 proceedings and it had nothing to do with 21 the state Proceedings. As an accommodation | 22 to Judge Puccillo, we filed it in the court { 23 file. Quite frankly, it's unnecessary, it | 24 doesn't need to be there, and the simplest |, 25 approach would be to simply remove it from SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180857

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 whether this nonprosecution agreement should be released to the plaintiffs for their use. Judge Marra heard two hearings on this matter and the court has those orders. And in the first hearing Judge Marra very, very, carefully balanced the confidentiality issues of the nonprosecution agreement, the intent of the parties as well of the rules of criminal procedure that I will talk about ina moment, with the plaintiff's right to know what's going on and to have access to this agreement. And Judge Marra crafted an order and in the nature of a protective order and said, Plaintiffs, you can have this nonprosecution agreement, you can use it, you can review it, you cannot give it to anyone else other than your clients, and if you want to use it or you want to give it to your clients, you need to tell them about this order that is not to be disclosed to anybody else. And these plaintiffs that are sitting here will tell you that from day one they have had this SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180858

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 nonprosecution agreement, they have it for their use, they know every clause that's in that nonprosecution agreement, and I Suggest to the Court as to their motions why are we here; they have an agreement already. They went back to Judge Marra Sometime thereafter and asked the Court to expand their use of the nonprosecution agreement, and they said, Judge Marra, we have the nonprosecution agreement but we would like to be able to disclose that agreement to other sides, and Judge Marra in another carefully crafted order said, nuh-uh, no, you have not satisfied your burden, you cannot disseminate this to anyone else, and the order that I have . entered remains in Place, but most significantly he said, you know what, this is without prejudice. If you have some basis, you have some need that you have not briefed, you have not litigated with me yet concerning dissemination of nonprosecution agreement, come back to me and I'l] review it for you. SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180859

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 absolutely 100 percent protected from disclosure by Federal Rule of Criminal Procedure Six. I have a copy of that rule for the Court. THE COURT: Let me take a look of that, please, MR. GOLDBERGER: Give us one moment, your Honor, we have it here somewhere, MR. KUVIN: Your Honor, just briefly while they're looking on behalf of the plaintiff EB, I just wanted to point out on my client motion to intervene, we are not party to the federal action. She only has a state court claim. She's not bound by any federal court order, she is not with the federal court on their claim, so as to that issue, my client stands here Synonymous with the Post. THE COURT: Thank you for pointing that out to me. MR. GOLDBERGER: We'll have it for you in one moment, your Honor. Your Honor, Federal Rule of Criminal Procedure Six is a rule that deals with grand jury proceedings, and it confers in SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180860

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 the federal System secrecy of all grand jury matters and it's pretty clear in this case that the nonprosecution agreement specifically talks about a grand jury investigation of Mr. Epstein, there's specific reference to a grand jury investigation in the nonprosecution agreement. The rule does not prevent us from telling the Court that there was a grand jury investigation of mr. Epstein, but what it prevents us from doing, what it prevents this Court from doing, I believe, is disclosing the content of the grand jury investigation, and the agreement itself is very specific as to the grand jury investigation of mr. Epstein. However, all is not lost for the Palm Beach Post and the intervenors, for that matter. The rule has a specific procedure that allows you to go to the district court where the grand jury is convened, in this case it would be in the Southern District of Florida before Judge Marra and that is under Rule 6E, your Honor, I think it'g 6E SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180861

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10 i1 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 19 3E actually. tt Says: In limited circumstances the Court may authorize disclosure of grand jury matters under request made in connection with the judicial proceeding, so -- and the rule goes onto clearly say, that request must be filed in the district where the grand jury is proceeding. So the first -- you know the Palm Beach Post may have first amendment rights to access but those first amendment rights cannot circumvent the federally protected secrecy of grand jury proceedings and that's what the Post is doing by making this request before this Court. This matter has been sealed for almost a year now, 11 months and some days and the Palm Beach Post has not filed anything in this matter until most recently, and their remedy is to go into the federal court and invoke the process of Rule Six and asked Judge Marra to make a limited disclosure of the nonprosecution agreement and the grand jury matters that are contained therein. who knows whether SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180862