Case 9:09-cv-80591-KAM Document 29-3 os, 10 11 12 13 14 15° 16 17 “18 19 20 21 22 23 24 25 Entered on FLSD Docket 05/26/2009 _ Page 1 of 50 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT - IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA vs JEFFREY EPSTEIN Defendant. CRIMINAL DIVISION ) ) ) CASE NO, 06 CF9454AMB ) 08 9381CFAMB — ) ) ) ) PLEA CONFERENCE PRESIDING: HONORABLE DEBORAH DALE. PUCILLO APPEARANCES: ON BEHALF OF THE STATE: BARRY E. KRISCHER, ESQUIRE State Attorney 401 North Dixie Highway West By: ON BEHALF Palm Beach, Florida 33401 LANNA BELOHLAVEK, ESQUIRE Assistant State Attorney OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEISS,P.A. 250 Australian Avenue South Suite 1400 West ‘By: June 30, 2008 Palm Beach, Florida 33401 JACK GOLDBERGER, ESQUIRE CERTIFIED COPY Palm Beach County Courthouse West Palm Beach, Beginning at 8:40 o'clock,-a.m. PHYLLIS A. DAMES, Florida 33401 EXHIBIT" OFFICIAL COURT REPORTER EFTA00221507

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Case 9:09-cv-80591-KAM Document 29-3 — Entered on FLSD Docket 05/26/2009._..Page 2.0f.50.... O 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 2 BE IT REMEMBERED that the following proceedings were had in the above-entitled cause before the HONORABLE DEBORAH DALE PUCILLO, 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 20, 2008 beginning at 8:40 o'clock, a.m. with appearances as hereinbefore noted, to wit: THEREUPON: MR. GOLDBERGER: Good morning, Judge, Jack Goldberger on behalf of Jeffrey Epstein. THE COURT: Good morning. MR. GOLDBERGER: Your Honor, we are here for a plea conference. THE COURT: Raise your right hand. THEREUPON: JEFFREY EPSTEIN, after being called as a witness by the Defense and after being first duly sworn by the Court, was examined and testified as follows: THE DEFENDANT: Yes, ma'am. THE COURT: Is this one case or two? Ms. BELOHLAVEK: Two. THE COURT: May I see the PC PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221508

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_ Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 3 of 50 3 i 1 affidavit in both cases, please? C) 2 MS. BELOHLAVEK: There are no PC ~ 3 affidavits. There was originally an 4 . Indictment, the second charge was filed 5 arising out of the booking. It was all 6 ; testimony presented to the grand jury. 7 . THE COURT: Let me see the Indictment 8 then? 9 I have one Indictment, one , 10 Information? il MS. BELOHLAVEK: Correct. 12 THE COURT: So one case is charged by 13 “Indictment, one is charged by Information? O 14 . MS. BELOHLAVEK: Correct. 15 ‘THE COURT: In case 2006036744 you. 16 are charged with procuring a person under 17 18 for prostitution, a second degree 18 felony, maximum penalty of fifteen years 19 Department of corrections; minimum, some 20 period of probation. No mandatory minimum 21 apply, is that correct, State? 22 MS. BELOHLAVEK: Correct. 23 THE COURT: And in case number 06 24 . 9454CF, you are charged with felony ©) 25 solicitation to prostitution, a third PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221509

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 __ Page 4 of 50 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 4 degree felony, punishable by a maximum penalty of five years in the Department of Corrections, and a minimum, probation. No mandatory minimums, correct? MS.. BELOHLAVEK: Correct. THE COURT: The defendant has no prior criminal record? MS. BELOHLAVEK: Correct. MR. GOLDBERGER: Yes; Your Honor. THE COURT: You checked the NCIC as well as State records? MS. BELOHLAVEK: Yes. THE COURT: And the guideline score sheet I have before me shows 21.5 months in the Department of Corrections as the lowest permissible prison sentence in months. Both sides’ agree to the preparation of.the guideline score sheet? MR, GOLDBERGER: We so agree, Your Honor. MS. BELOHLAVEK: Yes. THE COURT: What is proposed -- it goes on, for pages. MR. GOLDBERGER: Your Honor, much of the documentation is acknowledgement by my PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221510

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 —_ Page 5 of 50. O O 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 S client to community control, sex offender status. THE COURT: I understand. Okay. What is proposed -- those are’ the maximums and minimums, Mr. Epstein. What is proposed is that you will be pleading guilty to felony solicitation to prostitution and procuring a person under 18 for prosecution. A PSI would be waived, you would be adjudicated guilty of both felonies, is that correct? MS. BELOHLAVEK: Correct. THE COURT: And on 06 9454, the defendant to be sentenced to 12-months in the Palm Beach County -- detention facility? He's going to do time in the jail? MS. BELOHLAVEK: Yes. THE COURT: With credit for one day served. And on 08 9381, he is to be sentenced to six months in the Palm Beach County jail detention facility, with credit for one day served. And the six month . sentence is to be served consecutive to the 12 month sentence? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221511

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009. Page 6 of 50. - © PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 6 1 MS. BELOHLAVEK: Correct. C> 2 ‘THE COURT: Following the six months ~ 3 sentence, the defendant will be placed on 1 4 12-months of community control one. The 5 . conditions of the community control are 6 attached hereto and incorporated herein. 7 As a special condition of 8 community control, he's to have no 9 unsupervised contact with minors and the 10 supervising adult must be approved -- and I 11 would say, pre-approved, approved ahead of. 12 : time, not after the fact by the Department 13 ‘of Corrections. And you would mean by that O 14 his community control officer? 15 MS. BELOHLAVEK: Correct. 16 THE COURT: The defendant is 17 designated as a sexual offender pursuant to 18 Florida Statute 943.0435.and must abide. by 19 all the corresponding requirements of the . 20 ; statute, a copy of which is attached hereto ; “21 and incorporated herein. The defendant 22 . must provide a DNA’ sample in court at the 23 time of this plea. Is this the -- and the 24 attachnents are the terms and conditions of 25 community control. There are some . . | EFTA00221512

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Case 9:09-cv-80591-KAM Document 29-3 — Entered on FLSD Docket 05/26/2009 Page.7. of 50... 7 1 squiggles on the bottom of the page, what CY) 2 would those squiggles be? ~ 3 , MR. GOLDBERGER: Thank you, Your 4 Honor, those are my client's signature 5 acknowledging that we have gone over all 6 the conditions. 7 THE COURT: One page after the plea 8 : sheet that really spells out the terms and 9 conditions of community control, Florida 10 Statute 948.101, Mr. Epstein, is that 11 squiggle at the bottom your squiggle? 12 THE DEFENDANT: Yes, ma'am. 13 THE, COURT: Would those be your O 14 initials? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: Did you read all of that 17 page? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: Can you read? 20 ' THE DEFENDANT: Yes, ma'am. 21 THE COURT: How far did you go in 22 school? . 23 THE DEFENDANT: | High school. 24 THE COURT: That's your highest ( 25 degree? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221513

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Case 9:09-cv-80591-KAM _—. 10 11 12 13 14 15 16 17 18 19 20 21 22: 23 24 25 Document 29-3 Entered on FLSD Docket 05/26/2009 Page 8 of-50 THE DEFENDANT: Yes. THE COURT: And is this your signature on the plea sheet that recites the terms of the plea I just read? THE DEFENDANT: yes, ma'am. THE COURT: Did you read that document as well? THE DEFENDANT: Yes, ma'am. THE COURT: You understand once you do your 12 months followed by your six months all in the Palm Beach County jail you will then be put on community control which involves having an electronic monitor attached to you and -- MR. GOLDBERGER: Actually Your Honor, the agreement of the parties is to, itis: community control one which is not moniter. THE COURT: Oh, community control one, is that spelled out in here? MS. BELOHLAVEK: Yes. MR. GOLDBERGER: Yes, it is, Your Honor. MS. BELOHLAVEK: He does not fall under the Jessica Lunsford Act which requires the bracelet. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221514

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_ Case 9:09-cv-80591-KAM Document 29-3 _ Entered on FLSD Docket 05/26/2009 _ Page 9 of 50 i 9 1 THE COURT: Community control two. C) 2 MS. BELOHLAVEK: Correct. ~ 3 THE COURT:, Community control one -- a _ that would be no electronic monitor? 5 ” "wR. GOLDBERGER: That is correct. 6 THE COURT: Now which of the terms 7 and conditions of community control one are 8 you incorporating? 9 . MR. GOLDBERGER: I can go through 10 them with Your Honor. il THE COURT: None of the them appear 12 to be articulated in the plea sheet which 13 is why I'm asking. © 14 MR. GOLDBERGER: These are the 15 standard conditions of community control by 16 - statute would apply to anyone. that goes on 17 community control and out of an abundance 18 _ Of caution, we simply. memorialized those 19 standard conditions in the plea sheet 20 agreement. 21 THE COURT: The Court shall require 22 ' intensive supervision and surveillance for 23 an offender placed on community control 24 which may include but is not limited to C) 25 specified contact with the parole and PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221515

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 10 of 50 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 10 1 probation officer, specified by who? C) 2 - PROBATION OFFICER: Specified by you, 3 Your Honor. 4 . THE COURT: I don't see that in the 5 plea sheet. That's why I'm asking the 6 guestions. No one has specified how often, 7 how frequently he is to have-contact with 8 his parole and probation officer. 9 Confinement to an agreed upon residence 10 , during the hours away from employment and 11 public service activity, has that been 12 articulated? 13 MS. BELOHLAVEK: I believe O 14 Judge McSorley has a standard order 15 somewhere on the bench up there regarding ~— 16 this, I'm told by the prosecutor. 17 MS. LENHARDT: Judge, usually this is : 18 the probation sheet she hands out to folks. 19 THE COURT: I have seen those 20 sheets -- I have seen them incorporated in 21 plea agreements which is why I'm asking. 22 MR. GOLDBERGER: I see. 23 THE COURT: Is there some reason you 24 Gidn't use this particular document in this o™ 25 case? , | | | EFTA00221516

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 11 of 50 li 1 MS. BELOHLAVEK: I didn't realize C) 2 ; until Ms. Lenhardt just told me that Judge ~ 3 McSorley has that. ; 4 MR, GOLDBERGER: We'd be happy to 5 execute that document, Your Honor. We were 6 -- we overreacted by just having him sign 7 ; eff on all conditions of community control. 8 "THE COURT: Well, this is -- ‘9 ‘ MR. GOLDBERGER: Perhaps the better 10 practice would be -- 11 THE COURT: This is, the reason 12 : Judge McSorley does this which makes 13 . “ultimate sense is we're going to be here © 14 : half the morning if we're going to decide 1s among ourselves now what the -- ; 16 MR. GOLDBERGER: That makes sense. 17 , THE COURT: I'm not going to leave 18 this just unspecified. i9 MS. BELOHLAVEK: We can take care of 20 that right now if you could give us a few 21 minutes, 22 THE COURT: All right. 23 These are the standard conditions 24 that Judge McSorley normally uses. If you C) 25 like them, you need to circle the ones that PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221517

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---- Case 9:09-cv-80591-KAM . Document 29-3. ....Entered.on FLSD Docket 05/26/2009 .. Page-12 of 50 12 1 apply and everyone must initial them. We C) 2 will go over it. If you wish to change -- : ~ 3 you understand there is quite a bit of 4 latitude given the court in putting 5 somebody on community control. If you: : 6 agree to some change, let me know, but 7 understand at the outset that I'm a big fan 8 of specificity. I want to know what he =] will be doing for employment. I want to 10 ; know exactly where he is going to be living 11 and I want it on the record now. It can 12 change but it can only change with 13 preapproval by DOC. I want it crystal © 14 clear. I don't want the community control is officer who gets this case the day he walks 16 out the Palm Beach County to have any doubt . 17 or confusion as to exactly what this 18 defendant is supposed to do, where he is 19 ‘ supposed to be when, exactly what I am 20 requesting that ceriser to supervise. 21 MS. BELOHLAVEK: Absolutely. . 22 THE COURT: Okay. 23 MR. GOLDBERGER: We will work on it. 24 Thank you, Your Honor. O 25 THE COURT: We will recall that case. ’ PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221518

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 13 of 50 10 il 12 L3 14 15 16 17. 18 19 20 21 22 23 24 25 13 (Brief recess.) MR. GOLDBERGER: Your Honor, we are back on Jeffrey Epstein, actually it worked, we had an opportunity to go through Judge McSorley's conditions of community control and we asked the Department of Corrections representative to assist us to make sure we did everything properly. They were very helpful and we executed the document. MS. BELOHLAVEK: Yes, and Your Honor, this defendant doesn't fall under the sex offender probation but we have included special sex offender conditions as part of "the community control and they are all circled.there: THE COURT: The plea agreement stated the defendant is designated as a sexual offender pursuant to Florida Statute 942.035. MS. BELOHLAVEK: Correct. But the sex offender probation, the statute is different and only applies to certain offenses and this one was not enumerated. THE COURT: Okay. I want to make PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221519

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+ Case.9:09-cv-80591 -KAM-.-Document.29-3. -- Entered-on FLSD-Doeket 06/26/2009--—Page+4 of 50-— O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 sure both I and the defendant are clear. The sexual offender statute you are referring to in the plea sheet is the one that requires registration? MS. BELOHLAVEK: Correct. MR. GOLDBERGER: Correct. THE COURT: And we will talk about that. MR. GOLDBERGER: Okay. THE COURT: But it is not the one that requires the special conditions of sex offender probation? MS. BELOHLAVEK: Correct. THE COURT: Now, rather than 948, do you want me to disregard 948? He's read it? MS. BELOHLAVEK: He's read it. THE COURT: | We will leave it in there. But these conditions we are going to go over right now are going to be viewed in my mind, yes, and they have been signed by the defendant and we will go over that in a second as a part of the whole plea. MS. BELOHLAVEK: Correct. THE COURT: So circled are PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221520

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Case 9:09-cv-80591-KAM___Document 29-3 __ Entered on FLSD Docket 05/26/2009 _Page 15 of 50_— 15 1 conditions, A, you will remain confined to C) 2 your residence except one half hour before ~ 3 and after your approved employment, 4 community service work or any other 5 activity approved by your probation 6 officer. 7 ' B, you will maintain an hourly 8 accounting of all your activities ona 9 daily log which you will submit to your 10 supervising officer upon request. 11 ’ My understanding about the daily 12 log, maybe I'm just confused from other 13 cases I've heard, is the daily log is a O 14 weekly log, I guess it is submitted ahead 15 of time, is that correct? 16 PROBATION OFFICER: That is correct, 17 Your Honor. 18 THE COURT: So part A, where he has 19 to stay in his residence except for one 20 hour before and after the approved 21 employment, community service work and 22 ‘ether activity. All that's information 23 that will be recorded in writing and the | 24 defendant will have a copy and he will know ©) 25 exactly where he is supposed to be when. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | EFTA00221521

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Case 9:09-cv-80591-KAM_. Document.29-3... Entered on. ELSD Docket.05/26/2009. . .Page.16 of 50. OC) 25 Your Honor. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 16 1 PROBATION OFFICER: That is correct, C\ 2 Your Honor. ~ 3 THE COURT: As will his supervising . probation officer. And,then to document 5 that he's supposedly. done all that he- 6 himself will be keeping a daily log? 7 ; PROBATION OFFICER: That is correct, 8 Your Honor. 9... THE COURT: And the log form will be | ‘ 10 provided by the department and he will be 11 turning that in every time he meats with 12 the probation officer? 13 PROBATION OFFICER: That is correct, O 14 Your Honor. 1s THE COURT: Okay. So that applies 16 and F applies. Does E apply?: No. 17 MS. BELOHLAVEK: Did I circle 8? 18 THE COURT: No. F -- made one up, 19 the defendant will be residing at 358 El 20 Brillo Way, Palm Beach, Florida, 33480. He 21 knows now that that's where he will be 22 living when he is released after his 12 23 _months and six months. | 24 MR. GOLDBERGER: That is correct, | i | | EFTA00221522

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Case 9:09-cv-80591-KAM.__ Document 29-3 __ Entered on.FLSD. Docket 05/26/2009... Page. 17.0f 50. . 17 1 THE COURT: That's a private C) 2 residence? i ~ 3 MR. GOLDBERGER: That is his home. : 4 THE COURT: Does he own the | 5 residence? 6 MR. GOLDBERGER: He does, Your Honor. 7 THE COURT: Is there any possibility 8 that he no longer owns the residence? 9 ; | MR. GOLDBERGER: Not anticipated, 10 : Your Honor. . 11 . THE COURT: Okay. Should he not be 12 : for whatever reason -- 18-months is a long 13 time, should he not be owning that O 14 residence or able to reside there, he will 15 have the obligation of notifying his 16 probation officer prior, and I emphasize 17: this, prior to his release from custody. I 18 : assume that the department will be notified 19 prior to, to his release? ‘ 20 ‘ PROBATION OFFICER: That is correct, 21 Your Honor. 22 THE COURT: And then you would need 23 ‘to send someone to meet with him before he 24 walks out of the Palm Beach County jail and OC) 25 verify his address and employment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221523

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 18 of 50 -_ PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 18 1 information? | fC) 2 PROBATION OFFICER: That is correct. 7 3 THE COURT: All address -- I assume ; 4 all of this: to and from work and any other 5 approved activities restricts him to Palm 6 Beach County, is that correct? 7. : PROBATION OFFICER: That is correct, 8 . Your Honor. : 9 . THE COURT: So let's be clear, 10 everything, from the day he walks out 11 ' occurs in Palm Beach County, is that clear? 12 : MR. GOLDBERGER: -We understand, Your 13 Honor. That's correct. @ 14 THE COURT: Then the additional 15 condition of his probation, they are not 16 sex offender standard conditions, they are 17 just conditions that are being imposed 18 . especially in this case? . 19 , MS. BELOHLAVEK: Correct, 20 THE COURT: They are as follows, you 21 ‘shall submit to a mandatory curfew from 10 22: p.m. to 6:00 a.m. regardless of any other 23 restrictions regarding work or approved 24 activity, there will be no exceptions to C) 25 ; being at home in house from 10 p.m. to 6 | | EFTA00221524

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_ Case _9:09-cv-80591-KAM.__ Document 29-3, Entered on. FLSD Docket.05/26/2009... Page 19.of 50..... 19 1 a.m., is that correct? C > 2 MS. BELOHLAVEK: Yes. 3 , THE COURT: If the victim was under - age of 18 years which I gather is the case 5 because it's circled, you shall not live 6 within 1000 feet of a school, day care 7 center, park, playground or other place 8 where children regularly congregate. 9 Has someone verified that 358 El 10 Brillo is such a place? 11 : MS.. BELOHLAVEK: No, but that will be 12 done prior to his release. 13 THE COURT: So 358 El Brillo will not O 14 be approved if it should happen to be one 15 thousand feet from a school, day care 16 center, park, playground or other place -- 17 this is rather open. 18 MR. GOLDBERGER: Where children 19 gather. 20 ' THE COURT: Where children regularly 21 . ' congregate. 22 MS. BELOHLAVEK: Right. 23 THE COURT: The Court knows 358 El . 24 Brillo Way is a residential neighborhood, C) 25 ; are there areas there where children PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221525

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Case 9:09-cv-80591 -KAM Document 29-3 Entered on FLSD Docket 05/26/2009 ~— Page 20 of 50 laa a! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 regularly congregate? MS. BELOHLAVEK: I personally do not know. . THE COURT: Neither do I, which is why I'm asking. ‘Has that been investigated? MR.:'GOLDBERGER: We have done our due diligence, for what it's worth, there isa residential street. There are not children congregating on that street. We think the address applies, if it doesn't, we fully recognize that he can't live there. THE COURT: Okay. D is, you shall not have any contact with the victim, are there more than one victim? MS. BELOHLAVEK: There's several. THE COURT: Several, all of the victims. -So this should be plural. I'm making that plural. You are not to have any contact direct or indirect, and in this day and age I find it necessary to go over exactly what. we mean by indirect. By indirect, we mean no text messages, no | e-mail, no Face Book, no My Space, no telephone calls, no voice mails, no PHYLLIS A, DAMES, OFFICIAL COURT REPORTER EFTA00221526

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 21 of 50 al 1 messages through carrier pigeon, no C) 2 / messages through third parties, no hey ~ 3 would you tell so and so for me, no having 4 . a friend, acquaintance or stranger approach 5 any of these victims with a message of any 6 sort from you, is that clear? 7 THE DEFENDANT: Yes, ma'am 8 THE COURT: And then it states, 9 _ unless approved by the victim, the 10 therapist and the sentencing court. Okay. aa THE DEFENDANT: I understand. 12 THE COURT: And the sentencing court. 13 So, if there is a desire which, I would © 14 think would be a bit strange to have 15 : contact with any of the victims the court 16 must approve it. 17 MS. BELOHLAVEK: Correct. 18 THE COURT: If the victim was under , 19 the age of 18, which was the case, you 20 shall not until you have successfully 21 attended and completed the sex offender 22 program. . So, is this sex offender program 23 becoming a condition of probation? 24 MS. BELOHLAVEK: That is not. I. C) 25 don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221527

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Case 9:09-cv-80591 -KAM Document 29-3 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 THE MR. our part. Entered on FLSD Docket 05/26/2009 Page 22 of 50 COURT: You did. GOLDBERGER: That's a mistake on Actually the statute that he is pleading guilty to does not require the -- THE COURT: I understand that, but you circled it. MS. BELOHLAVEK: TI 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 required 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 ina psychology or MD in psychiatry? MS. don't. THE judgement MS. THE PHYLLIS A. DAMES, BELOHLAVEK: That is correct, I COURT: So it is just your BELOHLAVEK: . Correct. COURT: -- that his treatment OFFICIAL COURT REPORTER 22 EFTA00221528

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 + Page 23 of 50 O 10 11 12 13 14 15 16 17: 18 19 20 21 22 23 24 25 23 with some fancy private psychiatrist or psychologist in his case is okay? 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? THE DEPENDANT: 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 EFTA00221529

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 24 of 50 24 1 THE DEFENDANT: Yes, ma'am. co) ; 2 MR. GOLDBERGER: Your Honor, I'm ~ 3 sorry to interrupt, we do cover the - 4 employment later in the agreement as to 5 what he is going to be doing during the one 6 year that he is on community control. 7 THE COURT: Okay. And let me -- 8 condition SG, which is circled, unless 9 . otherwise indicated in the treatment plan 10 . provided by sexual offender treatment . 11 program. 12 , . MR. GOLDBERGER: That's not in there. 13° THE couRT: Is that what you want? O 14 MS. BELOHLAVEK: No. 15 THE COURT: But you do want the, you 16 will not view, own or possess any obscene 17 pornographic -- 18 MS. BELOHLAVEK: Correct. 19 : THE COURT: Okay. But are you saying 20 that this therapist can okay him to own 21 certain pornographic material? 22 MS. BELOHLAVEK: No, not at all. 23 MR. GOLDBERGER: No, Your Honor, 24 THE COURT: Would be really helpful Cc) 25 if people read these things before they PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221530

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Case 9:09-cv-80591 -KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 25 of 50 25 1 signed them thoroughly. fv) 2 Unless otherwise indicated in the a 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. 12 MR. GOLDBERGER: The parties have 13 agreed that during the period that he is -- O 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, electronic media, - 20 . computer program or computer services that 21 are relevant to your deviant behavior 22 pattern. And who is going to enforce that? 23 MS. BELOHLAVEK: The community 24 control officer. C) 25 RHE COURT: How? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER ~ EFTA00221531

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_ Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 26 of 50 ; co a. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. BELOHLAVEK: They have the obligation and included in there for 26 warrantless search to check at any time his } home, his computer, anything he has contact with. THE COURT: And do they regularly do- that? PROBATION OFFICER: Yes, ma'am. THE COURT: Since we have the pleasure of having someone from the Department of Corrections here. Okay. H, you shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered in the DNA data bank. g, you shall submit toa warrantless search by your probation officer or community control officer of your person, residence or vehicle. G -- where is the G? MS. BELOHLAVEK: That was under the original part, not under the sex offender one. THE COURT: Okay. Defendant to have contact with the community control officer PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221532

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Case 9:09-ev-80591-KAM .. Document 29-3..__ Entered on ELSD Docket 09/26/2009... Page.27.0f 50... O 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 at a minimum one time a week. Defendant to work at Florida Science Foundation, 250 Australian Avenue, West Palm Beach, Florida. Is that volunteer work or work for pay? MR. GOLDBERGER: It is a 501C corporation that he has formed, Your Honor, that will be doing charitable work. THE COURT: That he has formed? MR. GOLDBERGER: Yes. THE COURT: What exactly is Florida Science Foundation? MR. GOLDBERGER: Do you want to explain? THE DEFENDANT: It funds science programs around the state and the country. THE COURT: How long has it been in existence? . THE DEFENDANT: Fifteen years. THE COURT: How many programs has it funded? | THE DEFENDANT: Numerous, more than | 50. { THE COURT: What is your position with the organization? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221533

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE DEFENDANT: President. THE COURT: Is there a board of 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 -- _ Page 28 of 50 28 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 EFTA00221534

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 29 of 50 © PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 29 ‘1 basis with what they have been given money C) 2 to’ do. 7 30 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. 3 - 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.C«w is, if someone is in college -- sorry. O 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. ‘ i i | | EFTA00221535

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Case 9:09-cv-80591-KAM Document 29-3 . Entered on FLSD Docket 05/26/2009 Page 30 of 50 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | 30 1 ; THE COURT: Okay. . C) 2 MS. BELOHLAVEK: Those are 7 3 duplicates, you will see those are the same 4 as the ones on the previous page, however, 5 it was reproduced. : 6 ’ THE COURT: The next condition, you 7 ; shall maintain a driving log. You shall 8 not drive a motor vehicle while alone 9 , without prior approval of your supervising ; 10 "officer. : > > If there was sexual contact, you 12 shall submit to at probationer'’s or 13 community controllee's expense an HIV test O 14 ' with results to be released to the victims, 15 ' victim's parent or guardian ---will be 16 " victims, plural. Has that been done? 17 MR. GOLDBERGER: Not yet. 18 THE COURT: Do we have a time frame 19 on that? I would think ASAP might be good 20 on something like that. 21 MS. BELOHLAVEK: I believe they can 22 actually do that.at the jail. 23 THE COURT: At his expense? 24 MS. BELOHLAVEK: Yes. @) 25 THE COURT: JI would request that that EFTA00221536

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 31 of 50 O 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you two have agreed to? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 31 be done within 48 hours? You shall not obtain or use a post office box without prior approval of the supervising officer. Okay. Are all those conditions 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 undexstand this is a somewhat complicated terms of the plea that you've agreed to? THE DEFENDANT: Yes, ma‘tam THE court: Do you have any questions about the terms of the plea? THE DEFENDANT: No. THE COURT: Can I ask the State why ‘ EFTA00221537

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Case 9:09-cv-80591 -KAM. Document 29-3 Entered on FLSD Docket 05/26/2009 Page 32 of 50 ye © 32 +E you choose -- or defense and the State >) 2 together, why twelve months in the Palm 3 Beach County jail followed by six months? + Why not just send him to DOC? 5 MR. GOLDBERGER: It was the agreement 6 of the parties, Your Honor. .We just 7 decided that was the best way to accomplish 8 what needed to be done here and the parties 9 agreed that that sentence satisfied 10 everyone's requirements. 11 THE COURT: The taxpayers of Palm 12 Beach County is going to pay 18 months to 13 - house this guy instead of DOC? 14 MS. BELOHLAVEK: Right. 15 ; THE COURT: You understand we're 16 : losing positions left and right in county 17 government because we haven't got enough 18 money but you want -- okay. 19 . His requirement to register there 20 is many, many -- there is nine pages 21 outlining the sexual offender's requirement 22 to register with the department and 23 penalty, have you read all those, 24 Mr. Epstein? C) 25 THE DEFENDANT: Yes, ma‘tam. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221538

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 += Page 33 of 50 , 33 1 THE COURT: Do you understand you Cc) 2 will be 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 OC 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 21 themselves to impose additional _ | 22 requirements, y'all understand that? | 23 MS. BELOHLAVEK: Correct. 24 MR. GOLDBERGER: Right. . C) 25 THE COURT: What you are telling him PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221539

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Case 9:09-cv-80591-KAM.. .Document 29-3. Entered on FLSD Docket 05/26/2009. Page 34 of 50 --- 34 1 he has to do is the official State of C) 2 Florida registration? 7 . 3 . MS. BELOHLAVEK: Correct. 4 7 THE COURT: Mr. Epstein, I need to 5 make sure you understand that that's what's 6 required by this plea. Anyone on 7 probation, community control is required to 8 , live and abide by the laws. So if a 9 jurisdiction you choose to reside in should 10 have some additional municipal requirements 11 you will be required in order to comply i 12 with the law of living there, just like you 13 can't get a parking ticket or speeding | O 14 ticket, to comply with those regulations 15 but I want to make sure you understand ‘ 16 because I have seen sous defendants who 17 have been confused about this. If you 18 don't, for example, if the Town of Palm 19 Beach has you register that does not take 20 care of your requirement. Your requirement 21 to register with FDLE through the Sheriff's | 220 . office is separate, distinct and must be . 23: done on their form according to their | 24 schedule. C) 25 THE DEFENDANT: Yes, ma'am. } | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221540

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Case 9:09-cv-80591-KAM Document 29-3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Entered on FLSD Docket 05/26/2009 + Page 35 of 50 THE COURT: And if my experience the last few months is of any value, they are- very serious about enforcing this. They will be tracking you for the rest of your life. Do not move. Do not go -- I don't care when you are done with community control, they need to know exactly where you are and if you go anywhere without registering, they will find and you will be locked up. THE DEFENDANT: Yes, ma'am. THE COURT: Okay. Any questions about that? THE DEFENDANT: No, ma'am. THE COURT: Did you read the plea in the circuit court form that describes all the rights you are giving up by entering this plea? THE DEFENDANT: Yes, ma'am. THE COURT: I'think I asked you before, can you read? THE DEFENDANT: Yes. THE COURT: Are you under the influence of alcohol, drugs.or medication today? PHYLLIS A. DAMES, OFFICIAL COURT. REPORTER 35 EFTA00221541

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Case 9:09-cv-80591 -KAM Document 29-3 O 10 il 12 a3 14 15 16 17 18 19 20 21 22 23 24 25 Entered on FLSD Docket 05/26/2009 Page 36 of 50 THE DEFENDANT: No, ma'am. THE COURT: Normally taking any prescribed medication? THE DEFENDANT: Only for cholesterol THE COURT: Does that interfere with your mental ability? THE DEFENDANT: No. THE COURT: Do you understand you 36 “have an attorney, you have a right to trial by jury, there is not going to be a jury trial. There won't be witnesses called. That your attorney and you would have a right to confront and cross examine, do you understand you have a right to call witnesses of your own and the court would issue subpoenas to compel their attendance just like any other witness called by the State, that you have the right, -- absolute right to remain silent and that you would not have to say or do anything at the trial if there were a trial, do you understand those rights? ‘THE DEFENDANT: Yes, ma'am. THE COURT: Do you understand if you are not a United States citizen your plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221542

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 += Page 37 of 50 0 10 121 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 could ‘subject you to deportation pursuant to the laws and regulations governing the United States Immigration and Naturalization Service and this court has no jurisdiction or authority in such matters, do ‘you understand that? THE DEFENDANT: Yes. THE COURT: Has anybody threatened you, coerced you or promised you anything other than the terms of this plea to get you to enter this plea? . THE DEFENDANT: No. THE COURT: Do you understand this is a plea in criminal court? THE DEFENDANT: Yes, ma'am. THE COURT: This has -~- in criminal court in Palm Beach County, State of Florida. I have absolutely nothing to do with any civil matters or matters in any other jurisdiction, do you understand that? THE DEFENDANT: Yes, ma'am, THE COURT: Is this plea in any way tied to any promises or representations by any civil attorneys or other jurisdictions? MR. GOLDBERGER: May we come sidebar PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221543

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Case 9:09-cv-80591-KAM Document 29-3 O 10 i. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 on that, Your Honor? THE COURT: It is going to be 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. gust 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 EFTA00221544 Entered on FLSD Docket 05/26/2009 Page 38of50 ,

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Case 9:09-cv-80591-KAM Document 29-3 __ Entered on FLSD Docket 05/26/2009 Page 39 of 50 ’ 39 ! 1 nonprosecution agreement -~ Cc) 2 : . MS. BELOHLAVEK: They spell all that ~ 3. out. | 4 THE COURT: Mx. Epstein needs to come | 5 closer. 6 , Mr, Epstein, your attorney has : 7 told me that in addition to everything, we 5 talked about another Inducement, shall we | ) say, to your taking this plea is that the | 10 U.S. Attorney for the Southern District of | 11 the State of Florida, federal prosecutor, 12 has agreed to a nonprosecution agreement 13 ; with you, meaning that if you successfully © 14 complete probation and do everything you're 15 supposed to, they have, have agreed not to H 16 : prosecute you federally, did you understand 17 that? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: And I would view that as 20 a significant inducement in accepting this 21 plea. 22 MS. BELOHLAVEK: . They are motually in 23 court here today, also. 24 THE COURT: Okay. © 25 MR. GOLDBERGER: And the plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221545

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket 05/26/2009 Page 40 of 50 40 1 agreement very carefully spelled out if C) 2 there was a breach that would violate this ° 3 agreement, so we are well aware of it. | 4 THE court: Okay. I would request 5 that a sealed copy of that -- Mr. Epstein 6 has signed that document? 7 ._ MR. GOLDBERGER: Yes, I would like to 8 ‘geal the copy. . 9 . THE COURT: I want a 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? O 14 . MR, GOLDBERGER: ‘Absolutely. I’ think | 15 that's the right idea. 16 (Return to open court.) 17 THE COURT: Mr. Epstein, is there 18 a 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: I understand that. | 24 THE COURT: I also don't want C) 25 somebody or anybody coming back a year, PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221546

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSD Docket.05/26/2009.. Page 41.0f 50 41 1 ’ two years from now saying, oh no, no, they C) 2 beat me over the head or if there is 7 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.) il THE COURT: All right, Mr. Epstein, 12 , any questions about the rights you are “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 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 | @ 25 of 18 to commit prostitution in Palm Beach - ; | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221547

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Case 9:09-cv-80591-KAM 7 Document 29-3 - --Entered-on FLSD-Docket 05/26/2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 County also. THE COURT: I find a sufficient factual basis to support the pleas. Page 42 of 50 42 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 | Are all of the victims in both of will be given information concerning how to contact these victims? MS. BELOHLAVEK: Yes. THE COURT: Confidentially. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221548

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Case 9:09-cv-80591-KAM Document.29-3.-- Entered. on FLSD Docket 05/26/2009 . -Page 43 of 50 © O 10 11 12 13 14 15 16 17 18 19 °20 21 22 23 24 25 43 information will not be related to the defendant but will be used exclusively for 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 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221549

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Case 9:09-cv-80591-KAM _Document.29-3 .. Entered on FLSD Docket.05/26/2009... Page-44 of 50. 44 1 pursuant to it. I will adjudicate you Cy) 2 guilty of felony solicitation of ~ 3 : prostitution, a third degree felony, case 4 number 06 CF 00945A -- 454 AMB, and 5 procuring a person under 18 for | 6 . prostitution, a second degree felony 08 CF 7 0O09381AMB. 8 , With respect to the solicitation \ 9 of prosecution, I will sentence you to 10 twelve months in the Palm Beach County 11 Getention facility with credit for the one 12 day served: _ 1300 With respect to 08 CF 009381, I O 14 will sentence you to six months in the Palm | 15 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 EFTA00221550

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Case 9:09-cv-80591-KAM -- Doeument 29-3-- -Entered-on FLSD Docket 05/26/2009. Page 45 of 50° ~ 45 1 felony? C) 2 MS. BELOHLAVEK: Correct, the one ~ 3 that designates him a sexual offender. 4 THE COURT: Okay. So only on case s number 08 CF 009381AMB will you be on one 6 year community control which would then 7 invoke a potential penalty of fifteen years 8 ’ were you to violate. 9 . The special conditions are that 10 you are to have no unsupervised contact 11 with minors and the supervising adult must 12 be approved by the Department of 13 : Corrections. You are to be designated a © 14 sexual offender pursuant to Florida Statute 15 ' 943.0435 and you must abide by all 16 requirements of that statute which r have 17 , read and we have discussed. 18 You will remain confined to your ' 19 residence except one half hour before and | 20 after your approved employment, community | 21 service work or other activities approved | 22 by your probation officer. You will | 23 maintain an hourly accounting of all your | 24 activity on a daily log which you submit to | OC) 25 the supervising officer upon request. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221551

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~~ Gase-9:69-ev-80591-KAM- Document 29-3 ~ Entered on FLSD Docket 05/26/2009" Page 46 of 50° ~ 46 1 You will be residing at 358 El C) 2 . Brillo Way, Palm Beach, Florida 33480. . 3 . Should you desire to move or go to a 4 different location upon release from 5 _ custody, you will get preapproval of that 6 location from the Department of 7 Corrections. You will have to contact your 8 community control officer a minimum of once 9 a week, it can be more often at their 10 discretion and you are to work at the 11 Florida Science Foundation at 250 12 Australian Avenue in West Palm Beach, 13 . Florida. You will submit to.a mandatory © 14 curfew of 10 p.m. to 6 a.m. 15 You shall not live within a 16 thousand feet of a school, day care center, 17 park, playground or other place where 18 children congregate. ‘You shall not have 19 any contact with the victims, directly or | 20 indirectly including through a third person | 21 unless approved by victim's therapist and 22 the sentencing court. 23 . You shall not work for pay or as a | 24 volunteer at any school, day care center \ © 25 park, play ground, other place where | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221552

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Case 9:09-ev-8059+-KAM—Document 29-3-—Entered-on PLSD Docket 05/26/2009 Page 47 ot 50 — 47 1 children may congregate. You shall not C) 2 view, own or possess any obscene : 3 ' pornographic or sexually stimulating or 4 visual, auditory material including 5 telephone, electronic media, computer 6 programs, computer services that are 7 relevant to deviant behavior. 8 You shall submit two specimens of ! 3 blood to Florida Department of Law 10 Enforcement to be registered with the DNA -11 data bank. You shall submit toa 12 warrantless search by the probation officer 13. —- - or community control officer of your © 14. person, residence or vehicle. . 15 You shall maintain a driving log. 16 You shall not drive a motor vehicle while | 17 alone without prior approval of the | i8 . ' supervising officer. | 19 You shall submit to, at | 20 probationer or community control expense a 21 HIV test, the result of which is to be 22 released to’ the victims or victim's parent 23 or guardian, That has to be done within 48 | 24 hours. CO 25 You shall not obtain or a use post PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221553

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Case 9:09-cv-80591-KAM Document 29-3 Entered on FLSB Docket 05/26/2009 Page 48 of 50 — PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 48 1 office box without the prior approval of C) 2 the supervising officer. : 3 MS. BELOHLAVEK: You forgot one that 4 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 O 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. | 24 THE COURT: Was there a condition of H O 25 community control that he pay or is he | i i | EFTA00221554

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Case 9:09-cv-80591-KAM—Document 28-3 Entered ort FESD Docket 05/26/2009 Page 49 of 50°: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 paying it? MR. GOLDBERGER: Actually there is a cash bond posted, court cost can be deducted from the cash bond. THE COURT: g574 is the total? MS. BELOHLAVEK: Correct. THE COURT: Is that to cover both cases? MR. GOLDBERGER: Yes. THE COURT: Thank you. MR. GOLDBERGER: ‘Thank you, Your Honor. (Whereupon, at 9:48 o'clock a.m, the proceedings before the Court, concluded. ) PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00221555

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Case 9:09-ev-8059+-KAM Document 29-3-—Entered on FESD-Docket05-26/2009-- Page 50 oF 50- - O 10 11 12 13 14 .15 16 i? 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 1 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, OFFICIAL COURT REPORTER | EFTA00221556