Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80804-CIV-MARRA/JOHNSON JANE DOE, a/k/a, JANE DOE NO. 1, Plaintiff, Vs. JEFFREY EPSTEIN ae Defendants. / MOTION TO REMAND Plaintiff Jane Doe moves the Court to remand this action to state court for lack of subject matter jurisdiction and states as follows: 1. Although Plaintiff Jane Doe, a Florida citizen, sues | SY also a Florida citizen, in this action, Defendants removed the case to federal court on July 21, 2008, citing diversity of citizenship as the basis for federal subject matter jurisdiction. 2. Defendants claim that a. who has described herself as Heidi Fleiss (the Hollywood madam),' has “nothing to do with the plaintiff's case against Mr. ' See New York Post, Oct..1.2007 (reporting “Some of the girls, legal documents indicate, were recruited by FY now 21, who described herself as ‘like Heidi Fleiss,” the notorious Hollywood madam.”); Palm Beach Post, Aug. 14, 2006 (reporting that Defendant | told detectives, “I'm like a Heidi Fleiss.””’). EFTA00234424

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 2 of 11 Epstein,” (Notice of Removal, DE 1, p. 3) and that Plaintiff fraudulently joined her in this action to prevent complete diversity.” 3. As demonstrated in Plaintiff's amended complaint, however, Defendant || was a vital part of the scheme to lure underage girls, including Plaintiff, to Epstein’s home in order to subject them to sexual abuse and induce them to engage in lewd behavior. Defendant | was a key player in this scheme because she was paid by Epstein to recruit the underage girls and take them to Epstein’s Palm Beach mansion. (Amended Complaint {[[ 11-15, DE 1, pp. 302- 04). Without Defendant [Mf these girls, including Plaintiff, would not have been victimized. 4. Because the allegations in Plaintiff's amended complaint support the causes of action against Defendant iz for civil conspiracy, intentional infliction of emotional distress, and civil RICO, iz is a proper defendant in this action. 5. As [BJ is admittedly a citizen of Florida, (Affidavit of J) ve 1. pp. 230-31) as is Plaintiff Jane Doe,’ (Amended Complaint { 1, DE 1, pp. 301; Deposition of Jane Doe, DE 1, pp. 31-32, 5:14-18, 6:6-10) federal diversity jurisdiction does not exist in this case. See 28 U.S.C. §1332(a)(1) (providing that * Defendants also argue that Plaintiff named i as a defendant to prevent entry of a stay in this matter pursuant to 18 U.S.C. § 3509(k). The Court has since denied Defendants’ motion, holding a stay of this proceeding is not warranted under either the statute or the Court's discretion. (Order Denying Motion to Stay, DE 7). * Although Jane Does testified in deposition that she is a citizen of Florida, Defendants question whether she might actually be a citizen of Georgia because her mother lives in Georgia. (Notice of Removal, DE 1, pp. 7-8, n.6). Defendants fail to point out, however, that there is a question of whether Defendant Epstein is actually a citizen of Florida because he is now incarcerated in a Florida jail under an eighteen month sentence, to be followed by twelve months of community control, during which Epstein agreed he will be residing in Palm Beach, Florida. (Epstein Sentence, attached). i) EFTA00234425

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 3 of 11 district courts have original jurisdiction over cases in which the matter in controversy exceeds $75,000 and is between “citizens of different States”). 6. Defendants’ removal of this action was, therefore, improper. Because the Court lacks diversity jurisdiction, or any other form of subject matter jurisdiction, over this matter, the Court must remand this action to Florida state court. WHEREFORE, Plaintiff requests the Court remand this action to state court and requests Defendants be ordered under 28 U.S.C. §1447(c) to pay costs and attorney fees incurred as a result of the removal. MEMORANDUM OF LEGAL AUTHORITY “An action in state court may be removed to federal court when the federal courts have diversity or federal question jurisdiction. See 28 U.S.C. § 1441(a). When a defendant removes a case to federal court on diversity grounds, a court must remand the matter back to state court if any of the properly joined parties in interest are citizens of the state in which the suit was filed. See Lincoln Prop. Co. I Roche, 546 U.S. 81, 126 S.Ct. 606, 613, 163 L.Ed.2d 415 (2005) (citing 28 U.S.C. § 1441(b)). Such a remand is the necessary corollary of a federal district court's diversity jurisdiction, which requires complete diversity of citizenship.” Henderson l Washington Nat. Ins. Co., 454 F.3d 1278, 1281 (11th Cir. 2006). Federal Courts are obligated to construe removal statutes very strictly, and “all doubts about jurisdiction should be resolved in favor of remand to state court.” Univ. of South Alabama I American Tobacco Co., 168 F.3d 405, 411 (11th Cir. 1999) (citing Burns Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir. 1994), and Ci oker ff Amoco Oil EFTA00234426

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 4 of 11 Co., 709 F.2d 1433 (11th Cir. 1983)). “A presumption in favor of remand is necessary because if a federal court reaches the merits of a pending motion in a removed case where subject matter jurisdiction may be lacking it deprives a state court of its right under the Constitution to resolve controversies in its own courts.” American Tobacco Co., 168 F.3d at 411. Defendants have removed this action even though Plaintiff named a. a citizen of Florida, as a defendant because they claim Plaintiff's joinder of Defendant iz was done fraudulently in order to avoid federal jurisdiction. “In a removal case alleging fraudulent joinder, the removing party has the burden of proving that either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has fraudulently pled jurisdictional facts to bring the resident defendant into state court.” Crowe | Coleman, 113 F.3d 1536, 1538 (11th Cir. 1989) (citing Cabalceta Standard Fruit Co., 883 F.2d 1553, 1561 (11th Cir. 1989)). “The burden of the removing party is a ‘heavy one.”” /d. (quoting B., Inc. I Miller Brewing Co., 663 F.2d 545, 549 (Sth Cir. Unit A 1981)). “To determine whether the case should be remanded, the district court must evaluate the factual allegations in the light most favorable to the plaintiff and must resolve any uncertainties about state substantive law in favor of the plaintiff.” Jd. (citing B., Inc., 663 F.2d at 549). The Court may not “weigh the merits of a plaintiff's claim beyond determining whether it is an arguable one under state law.” Jd. “‘If there is even a possibility that a state court would find that the complaint states a cause of action against any one of the resident defendants, the federal court must find that joinder was proper and remand the case to state court."” /d. (quoting Coker | Amoco Oil Co., 709 EFTA00234427

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 5 of 11 F.2d 1433, 1440-41 (11th Cir. 1983)). This protects a plaintiff's right to select the forum of his lawsuit and the manner in which to prosecute the suit, and avoids exposing the plaintiff to the possibility of prosecuting the suit to conclusion only to learn the federal court lacked jurisdiction on removal. /d. (citing Parks I The New York Times Co., 308 F.2d 474, 478 (Sth Cir.1962); Cowart Iron Works, Inc. | Phillips Constr. Co., Inc., 507 F.Supp. 740, 744 (S.D. Ga. 1981)). Here, Defendants argue that removal is proper because Plaintiff cannot state a cause of action against Defendant | under Florida law. Viewing the allegations of the amended complaint in the light most favorable to Plaintiff, it is clear that there is at least a possibility that Plaintiff can recover against Defendant iz under Florida law for each of the counts in the amended complaint—civil conspiracy, intentional infliction of emotional distress, and civil RICO. Joinder of Defendant || in this action was therefore proper, which requires remand of this action to Florida state court. a. Plaintiff has_a_ cognizable cause of action for civil conspiracy against Defendant “The elements of a civil conspiracy are: (a) a conspiracy between two or more parties, (b) to do an unlawful act or to do a lawful act by unlawful means, (c) the doing of some overt act in pursuance of the conspiracy, and (d) damage to plaintiff as a result of the acts performed pursuant to the conspiracy.” Walters | Blankenship, 931 So. 2d 137, 140 (Fla. Sth DCA 2006) (citing Florida Fern Growers Ass'n, Inc. I Concerned Citizens of Putnam County, 616 So. 2d 562 (Fla. Sth DCA 1993)). As Defendants point out, there muse be an “actionable underlying tort or wrong” for an actionable conspiracy claim. Wright ff Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984). EFTA00234428

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 6 of 11 Plaintiff has grounded her conspiracy claim on the tort of sexual assault alleged in Count I of her amended complaint. In this count, Plaintiff alleges that Defendant Epstein tortiously assaulted her and states that the assault was committed in violation of Chapter 800 of the Florida Statutes. (Amended Complaint {[[ 17-18, DE 1, pp. 304-05). Under Florida law, sexual assault is an intentional tort. See Doe I Celebrity Cruises, Inc., 394 F.3d 891, 917 (11th Cir. 2004) (“Florida law equates sexual battery with an intentional tort.”). This is true regardless of whether Defendant Epstein’s violation of Chapter 800 of the Florida Statutes also creates a private right of action, which is a matter of first impression in Florida. Thus, Plaintiff has a cognizable cause of action for civil conspiracy against Defendant m7. b. Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant “The elements of the tort of intentional infliction of emotional distress are: (1) The wrongdoer’s conduct was intentional or reckless, that is, he intended his behavior when he knew or should have known that emotional distress would likely result; (2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community: (3) the conduct caused emotion[al] distress; and (4) the emotional distress was severe.” Gallogly | Rodriguez, 970 So. 2d 470, 471 (Fla. 2d DCA 2007) (citing LeGrande | Emmanuel, 889 So. 2d 991, 994-95 (Fla. 3d DCA 2004)). Here, Plaintiff has alleged that Defendant i used false pretenses to lure her (a 14-year old girl) to the mansion of Defendant Epstein and physically took her to Epstein so that he could subject her to sexual abuse and lewd behavior. Defendant EFTA00234429

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 7 of 11 ; | recruited Plaintiff, as she had done numerous others, under the belief that Plaintiff was economically disadvantaged and would be unlikely to contact authorities after being sexually assaulted and abused by Defendant Epstein. Defendant iz was paid by Defendant Epstein only after the sexual assault and abuse were completed. And, Defendant | knew that Plaintiff would be severely emotionally traumatized after the abuse. (Amended Complaint {{[ 9, 11, 15, 24-28, DE 1, pp. 302-03, 304, 306). These allegations are enough to demonstrate Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant iz because they amount to conduct that would be viewed as outrageous by any reasonable person. Defendants argue that Plaintiff is barred from recovering for intentional infliction of emotional distress under Florida law because she went to Defendant Epstein’s home with the intent to give him a massage for monetary compensation when it is a crime (a misdemeanor), under section 480.047, Florida Statutes, to practice massage without a license. They claim Plaintiff cannot “recover damages flowing from her own illegal conduct.” (Notice of Removal, DE 1, p. 16). First, Plaintiff's damages do not flow from her conduct in giving Defendant Epstein a massage without a license. Defendants Epstein, a. and iz engaged in a scheme to lure underage girls to Epstein’s mansion in order for Epstein to sexually abuse them. Plaintiff's damages resulting from Defendants making her a victim to their intentional, outrageous, and criminal conduct in no way flow from her decision as a 14- year old girl to make some extra money by giving a massage. Furthermore, it is not a universal rule in Florida that any Plaintiff engaged in any criminal action, no matter how trivial, is barred from recovering damages suffered in EFTA00234430

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 8 of 11 connection with that conduct. “The defense of in pari delicto is not woodenly applied in every case where illegality appears somewhere in the transaction; since the principle is founded on public policy, it may give way to a supervening public policy.” Kullal E.F. Hutton & Co., Inc., 426 So. 2d 1055, 1057 n. 1 (Fla. 3d DCA 1983). “*The fundamental purpose of the rule must always be kept in mind, and the realities of the situation must be considered. Where, by applying the rule, the public cannot be protected because the transaction has been completed, where no serious moral turpitude is involved, where the defendant is the one guilty of the greatest moral fault, and where to apply the rule will be to permit the defendant to be unjustly enriched at the expense of the plaintiff, the rule should not be applied.*” Jd. (quoting Goldberg I Sanglier, 96 Wash.2d 874, 639 P.2d 1347, 1353-54 (1982)). The fact that Florida law gives the trial court the discretion to apply the doctrine of in pari delicto, considering that all ambiguities must be resolved in favor of Plaintiff, does not take away from the fact that Plaintiff has a cognizable cause of action for intentional infliction of emotional distress against Defendant m7. c. Plaintiff has a cognizable cause of action for civil RICO against Defendant Finally, Defendants argue that Plaintiff does not have a cognizable cause of action for civil RICO under section 772.104, Florida Statutes, because she was not directly injured by the Defendants’ scheme. In Count IV of the amended complaint, Plaintiff alleges that Defendants engaged in a pattern of criminal activity in which Defendant ; found and delivered underage girls to Defendant Epstein in order for Epstein to “solicit, induce, coerce, entice, compel or force such girls to engage in acts of prostitution and/or lewdness.” (Amended Complaint {| 32, DE 1, p. 307). She also alleges that she EFTA00234431

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 9 of 11 was a victim of Defendants’ scheme because she was one of the underage girls found and delivered to Defendant Epstein by Defendant | | and that she endured Epstein’s actions as he tried to get her to engage in, and forced upon her, acts of prostitution and lewdness. (Amended Complaint {[ 33, DE 1, pp. 307-308). Plaintiff, who was a victim of Defendants’ scheme, was directly harmed by the scheme and it is damages for this harm that she seeks in Count IV of the amended complaint. Cf Palmas Y Bambu, S.A. | E.l. Dupont De Nemours & Co., Inc., 881 So. 2d 565, 570 (Fla. 3d DCA 2004) (holding plaintiff has standing to sue for civil RICO when her injuries flow directly from commission of the predicate acts, which means “when the alleged predicate act is mail or wire fraud, the plaintiff must have been a target of the scheme to defraud and must have relied to his detriment on misrepresentations made in furtherance of that scheme’). Because Plaintiff was a target of Defendants’ scheme and was harmed by their actions in carrying out the scheme, Plaintiff has a cognizable cause of action for civil RICO against Defendant | | CONCLUSION Plaintiff has cognizable causes of against Defendant i. a Florida citizen, for civil conspiracy, intentional infliction of emotional distress, and civil RICO. Because Plaintiff has a possibility of recovering against Defendant | under her amended complaint, Defendants have failed to meet their burden of demonstrating that F was fraudulently joined in this action. As the parties lack complete diversity of citizenship, the Court lacks subject matter jurisdiction over this matter and should remand this case to Florida state court. EFTA00234432

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 10 of 11 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.4.3 On August 18, counsel for Plaintiff conferred with counsel for the Defendants in a good faith effort to resolve the issues raised in this motion, but was unable to do so. s/ Spencer T. Kuvin Spencer T. Kuvin (Florida Bar Number 089737) Certificate of Services I hereby certify that on August 18, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served on August 18, 2008, on all counsel of record or pro se parties identified on the attached Service List in the manner specified, via transmission of Notices of Electronic Filing generated by CM/ECF. s/ Spencer T. Kuvin Spencer T. Kuvin (Florida Bar Number 089737) Attorney E-Mail Address: RICCI~LEOPOLD, P.A. 2925 PGA Blvd. Suite 200 Palm Beach Gardens, FL 33410 Telephone: (561) 684-6500 Facsimile: (561) 697-2383 Counsel for Plaintiff Jane Doe EFTA00234433

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document11 Entered on FLSD Docket 08/18/2008 Page 11 of 11 SERVICE LIST Doe I Epstein, et. al. CASE NO: 08-80804-Civ-MA RRA/JOHNSON United States District Court, Southern District of Florida Guy Alan Lewis, Esq. Email: lewis@lewistein.com Lewis Tein 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Phone: (305) 442-1101 Fax: (305) 442-6744 Counsel for Jeffrey Epstein Served via CM/ECF Michael R. Tein, Esq. Email: tein@lewistein.com Lewis Tein 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Phone: (305) 442-1101 Fax: (305) 442-6744 Counsel for Jeffrey Epstein Served via CM/ECF EFTA00234434

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Docum@st1-2 Entered on FLSD Docket 08/1 8/2008 Page 1 of 21 IN THE cre COURT OF THE FIFTEENTH JUD aa CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA SENTENCE (As to Count(s)__| ) Defendant E. Stem Case Num OLEATE Y~ CF ARIK OBTS Number The Pele » being personally is Court, accompanied by the defendant's attorney of record, : , and having been adjudicated guilty herein, and the Court having given the Defendant an opportunYfy to be heard and to offer matters in mitigation of sentence, and to show cause why defendant should not be sentenced as provided by law, and no cause being shown, IT IS THE SENTENCE OF THE COUBP that: The Defendant pay a fine of $ o Pursuant to § » Florida Statutes, plus all costs and additional charges as outlined in the Ord assessing additional charges, costs and fines as set forth in a separate order entered herein The Defendant is hereby committed to the custody of the [ ] Department of Corrections “Aten of Palm Beach County, Florida partment of Corrections as a youthful offender for a term of ce Mm NS - It is further ordered that the Defendant shall be allowed a total of | days as credit for time incarcerated prior to imposition of this sentence, Ibis further ordered that the composite term of all sentences imposed for the counts specified in the order Shall runs 2% [ J consecutive to [ ] concurrent with (check one) the following: ue C] Any active sentence being served. JUN 39 209 {J Specific sentences: In the event the above sentence is to the Department of Corrections, the Sheriff of Palm Beach County, Florida is hereby ordered and directed to deliver the Defendant to the Department of Corrections together with a ¢opy of the Judgment and Sentence, and any other documents specified by Florida Statute. Additionally, pursuant to §947.16(4), Florida Statutes, the Court retains jurisdiction over the Defendant. rent {] Pursuant to §§322.055, 322.056, 322.26, 322.274, Fla. Stat., the Department of Highway Safety and Motor Vehicles is directed to revoke the Defendant's privilege to drive. The Clerk of the Court is Ordered to report the conviction and revocation to the Department of Highway Safety and Motor Vehicles. The defendant in Open Court was advised of the right to appeal from this Sentence by filing notice of appeal within thirty days from this date with the Clerk of the Court. The Defendant was also advised of the right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency. DONE AND ORDERED in n Court at West Palm Beach, Palm Beach County, Florida this re aay of kc A 200 Ja, ic i] —— Form Circuit 5 (rev 8/2000) 1 CIRCUIT COnRT Wine EFTA00234435

--=PAGE_BREAK=--

08/18/2008 Page 2 of 21 *\L DIVISION OF THE CIRCUIT FTEENTH JUDICIAL CIRCUIT, Case 9:08-cv-80804-KAM D cument 11-2 Entered on FLSD Dee STATE OF FLORIDA eee I : vs. IN AND FO) ov CO ay, Dekkcey Epxe Rae) CASE NUMBEI 4 col 1, DEFENDANT: I am the defendant in the above-mentioned matter(s), and I am represented by the attorney indicated below. I understand I have the right to be represented by an attorney at all stages of the proceeding until the case is termi: . and if I cannot afford an attorney, one will be appointed free of charge. { ] 2. DEFENDANT: 1 understand I have the right to a speedy and public trial either by jury or by court. I hereby waive and give up this right. d iy 3. DEFENDANT: I understand I have the right to be confronted by the witnesses against me and to cross examine them by myself or through my attorney. I hereby give up these rights. Iprr 4. DEFENDANT: I understand I have the right to testify on my own behalf, but I cannot be compelled to be a witness against myself and may remain silent if I so choose. I hereby give up these rights. (ys 5. DEFENDANT: 1 understand I have the right to call witnesses to testify in my behalf and to invoke the compulsory process of the Court to subpoena those witnesses. I hereby give up these rights. if 6, DEFENDANT: I understand I have the right to appeal all matters relating to the charge(s) and, unless I plea Guilty or No , specifically reserving my right to appeal, I will give up such right of appeal. 7. DEFENDANT: lL understand that if Iam not a United States Citizen, my plea may subject me to deportation pursuant to the laws and regulations governing the United States Immigration and Naturalization Service; and, this Court has no jurisdiction (authority) in such matters. { qn 8. DEFENDANT: Ihave not received any promises from anyone, including my attorney, concerning eligibility for any form of early release authorized by law and further no promises have been made to me as to the actual amount of time that I will serve under the sentence to be imposed. Further, I understand that this plea may be used to enhance future crirpimal penalties in any court system, even if adjudication of guilt is withheld. [ (P 9, DEFENDANT: 1 offer my plea freely and voluntarily and of my own accord, with full understanding of all matters set forth i pleadings and this waiver. [ 10.DEFENDANT: Ihave personally placed my initials in each bracket above, and I understand each and every one of the rights outlined above. I hereby waive and give up cach of them in order to enter my plea to the within charge(s). I understand that even though the Court may approve the agreement of sentence, the Court is not bound by the agreement, the Court may withdraw its approval at any time before pronouncing judgment, in which case I shall be able to withdraw my plea should I desire to do so. . : “ nt 11. DEFENDANT: Choose one: . If applicable, I choose a program which is or may be spiritually based. JN 1} | If applicable, I choose a program which is NOT spiritually based. at x If applicable, I ha preference if the program is or may be spiritually based. if ] Sholox DI DATE DEFENDANT'S ATTORNEY ONLY: Iam attorney of record. I have explained each of the above rights to the defendant and have explored the facts with him/her and studied his/her possible defenses to the charge(s). I concur with his/her decision to waive the rights and to enter this plea. I further stipulate that this document may be received by the Court as evidence of defendant's intelligent waiver of these rights and that it shall be filed by the Clerk as permanent record Choloy . page Lf a DATE 4 ay 6 bel 0 Original - Clerk Green - State Attorney Yellow - Defense Attomey Pink - Defendant Goldenrod - Probatid Form Wen Peete then, OMANI EFTA00234436

--=PAGE_BREAK=--

Case 9:08-cy-80804-KAM ao 11-2. Entered on FLSD Dog¢ket 08/18/2008 Page 3 of 21 IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. IN AND FOR PALM BEACH COUNTY 2 ; w PTT CF CFN 20080267 OBTS NUMBER 10 OF 145 UALY OR BK 22760 PG 1081 ; RECORDED 07/17/2008 08:52:59 STATE OF FLORIDA 1) COMMUNITY Palm Beach County, F rida CONTROL Sharon R. Bock, CLERK & 1 VIOLATOR COMPTROLLER Pg 1081; (1pg) {] PROBATION VIOLATOR i whse W mM og ¥4 23¥8 DATE OF BIRTH RACE GENDER SOCIAL SECURITY NUMBER Having been tried and found guilty of Having entered a plea of guilty to Having entered a plea of nolo the following crime(s): the following crime(s): costentiete to the following OFFENSE ST; EN \) t DEGREE | mea! SE | | { and no cause having been shown why the Defendant should not be adjudicated guilty, IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s). [] and having been convicted or found guilty of, or having entered a plea of nolo contendere or guilty.regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794), lewd and lascivious conduct (ch. 800), or murder (s. 782.04), aggravaiett batfery '(84784.045). burglary (s. 810.02). carjacking (s. 812.133), or home invasion robbery (s. 812.135). or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens. . Ca ee i] and good cause being shown: IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD, JUN 233 SENTENCE { ] The Court hereby stays and withholds imposition of sentence as to count(s) and places the Defendant on STAYED { ] Probation and/or{ ] Community Control under the supervision of the Dept. of Corrections (conditions of probation set forth in separate order). SENTENCE DEFERRED { } The Court hereby defers imposition of sentence until The Defendant in Open Court was advised of his right to appeal from the Judgment by filing notice of appeal with the Clerk of Court within thirty days following the date sentence is imposed or probation is ordered pursuant to this adjudication. The defendsnt was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of i ndigenc DONE AND ORDERED in ()", Court at Palm Beach County, Florida, this %() day of g { LM. L. A NR Ut WO Aen _ wi 98 2 | EFTA00234437

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Dooney 11-2. Entered on FLSD D 8/18/2008 Page 4 of 21 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALI. TERMS OF THE NEGOTIATED St: TTLEMEN) Name: Jeffrey E. Epstein Plea: Guilty X SeNOW | | Charge __.... Count Lesser _Degiee ad cocromeanighe Felony Solicitation of Prostitution 1 No 3 FEI rocuring Person Under 18 for Prostitution 1 No 2Ff PSI: Waived/Not Required X__ Required/Requested ADJUDICATION: Adjudicate [x ] SENTENCE: On O6CF009454AMB, the Defendant is sentenced to 12 months in the Palm Beach County ion F i 1 i A Detention Facility, with credit for 1 (one) day time served sat geo On 08CF009381AMB, the Defendant is sentenced to 6 monthd/Wn the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This 6 month sentence is to be served consecutive to the 12 month sentence in O6BCF009454AMB. Following this 6 month sentence, the Defendant will be placed on 12 months Community Control 1 (one). The conditions of community control are atlached hereto and incorporated herein OTHER COMMENTS OR CONDITIONS: As @ 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 ano 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 b (2 /08 Ge Vate of Plea 7 JUN 22 EFTA00234438

--=PAGE_BREAK=--

5 of 21 LSD Docket 08/18/2008 Page FUREREB:- COR PEBIOIRAMY ODS Y wrelPtith Po LSN OO ONS OF SUPERVISION: Le’ povennery CONTROL STANDARD CONDITIONS: uter' your approved employment, community service work, or any other activities approved by your probation officer, You will maintain i i submit to your supervising (c) The Department of Corrections, may at its discreti places you on Biectronic Monitoring during the term of your ning, you will wear a monitor at all ti ill maintai (a> If while being monitored and the monitor is found to have been tampered with you shall be taken into custody immediately, if the officer determines that your were hot at your schedules Place of work or school while allowed to be Outside the residence then in that event you shall be taken into cus i i i held without bond and shall, on the next s ito Custody, you shall be working day, brought before his or her case for further a Judge Presiding over Monitoring you will pay to the State of Florida, for the cost ; ( be Fesidivg ot 25F El Brilia w } i2e oe a 1 ‘alo 3 D (e) Ifplaced on Electronic a) ’ day, perF.S, 948.09, wal Or inpatient drag teatment program if deemed appropriate by Y curfew restrictions, confinement approved residence or travel restrictions as instructed by your officer and approved by the Officer's Supervisor. : , (c) You will comply with an: ’ you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM (if the victim was-under the a ou shall not have any Contact with the victij including through a third person, unless approved by the victim, the therapist and Sentencing court. _ (if the victim was under the age of 18 WN, OF posses any obscene, . electronic media, computer programs or Computer By rou shall submit two spec Data Bank, “(i) You shall tiake restitu related professional se tion to the victim as ordered by this cour rvices relating to the You shall submit to a warrantless search by your probation offi tesidence, or vehicle, t pursuant to F.S, 775.089 for all necessary medical and physical, Psychiatric and Psychological care of th e victim. er Or community control offi. (4) Defendant to hare contect with has Oficey oF a MAMA ole TK weok. [Mhindast $7 work WM Finda Science fe waa hon? aso Austatian Awe nid Fr. EFTA00234439

--=PAGE_BREAK=--

d ; ; Bei 8/18/2008 Page 6 of 21 "you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM . Cif the victim was under the age of 18 years) you shall not live within 1000 feet playground, or other place where of a school, day care center, park, children regularly congregate, ; (c> youshall enter, actively participate in, and successfully complete a sex offender treatment particularly trained to-treat sex offender, at probationer’s or community controlees expense, (a> you shall not have any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the therapist and Sentencing court. © . (e> (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex-offender program, have any unsupervised contact with a child under the age of 18 years, unless authorized by the sentencing 4 court, without an adult present who is responsible — Q program with a therapist for the child’s welfare and which adult has been advised of the:crime and is approved by the sentencing court. , (f (af the victim was under the age of 18 years) you shall not work for park, playground, or other place where chi pay or as a vol ren regularly congregate. . (g> Unless otherwise indicated in the treatment unteer in any school, day care center, plan provided by the sexual offender treatment program, you shall not view, Own, Or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, “electronic media, computer programs or computer services that are relevant t You shall submit two speci ay 9 your deviant behavior pattern. i¢ Florid E 6 TAPS i Data Bank. (i>° You shall make restitution to-the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and related professional services relating to the physical, psychiatric and psychological:care of the victim. ’ > You shall submit to a warrantless search by your probation officer or community control officer of your person, Department 0 paid by you. The results of the polygraph ex ‘aminations shall not be used as evidenced in court to prove that a violation of community supervision occurred, ; . _ Hy) vo 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 controlee’s expense, an HTV test with the results to be released to the victim,_or the victim's parents or guardian . : & a Post Office Box without the prior approval of the supervising officer. (O). You.will submit to electronic monitoring when deemed necessary by the community control or probation officer and his dered by the court at the recommendation of the Department of Corrections.’ Dther: - THE COURT RESERVES THE RIGHT TO RESCIND, MODIFY, OR REVOKE s MISIQM TO TH NT PROVIDED BY LAW DONE AND ORDERED AT West Palm Beach, Palm Beach County, Florida, this. y 0: Nunc Pro Tune: 10/5/2005, MY : Honorable Sandra K. McSorley . Stidgs; Circuit Court ’ [have received a copy Of the terms and conditions of m ly supervision. I have read and understand these condit,-ms - = agree to report to the Department of C ‘ons Probatio® Office for further instructions, Also, I hereby consent to the disclosure of my alcohol and drug of which is federally *¢sulated under 42CFR, Part II, for the duration of m abuse patient re , the confidentiality ry, ision. ‘ Gb DATE NY EFTA00234440

--=PAGE_BREAK=--

8/18/2008 Page 7 of 21 Case 9:08-cv-80804-KAM eye" 11-2 Entered on FLSD Dog 948.101 Terms and conditions of community control and criminal quarantine community (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 offonder placed into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agreed-upon residence during hours away from employmont and public service activities. 3. Mandatory public service. 4. Supervision by the Department of Corrections by means of an olectronic monitoring device or system. 5. The standard conditions of probation set forth in s. 948.03. {b) For an offandor placed on criminal quarantine community control, the court shall require: 1. Electronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated hours. (2) The enumeration of spacific kinds of terms and conditions does not prevent the court from adding thereto any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offonder convicted of s. 794.011, s. 800.04, s, 827.071, or s. 847.0145 to reside in another state if the ordor stipulates that it is contingont upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarcoration as a condition of community control, the period may not excead 364 days, and incarceration shall be restricted to a county facility, @ 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 dofendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control. The Department of Corrections shall dovelop and administer a criminal quarantine community control program emphasizing intensive supervision with 24-hour-por-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other moasures normally associated with community control, except that spocific conditions necessary to monitor this population may be ordered. 7 EFTA00234441

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM aw} 1-2 Entered on FLSD Docket 08/18/2008 Page 8 of 21 "943.0435 Sexual offenders required to register with the department; penalty. -- (1) As used in this section, the term: (a)1. “Sexual offander” means a person who meets the criteria in sub-subparagraph a., sub- subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: a.(I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of tho criminal offenses proscribed in the following statutes in this state or similar offonses 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, oxcluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701 (1); or any similar offense committed in this state which has boen redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and (ll). Has been released on or after Octobor 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 in any other jurisdiction includes, but is not limited to, a fine, Probation, community control, parole, conditional release, control release, or incarceration in a state Prison, foderat prison, private correctional facility, 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 been designated as a sexual predator, os 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 rogistration or community or public notification, or both, or would be if the person ware a resident of that state or jurisdiction, without regard to whether the person otherwise meets the critoria for registration 85 & 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 offonse 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 parént or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has boon redesignated from a former statute Number to one of those listed in this d. On or after July 1, 2007, has been adjudicated dalinquent for committing, or attompting, 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 juvonile was 14 years of ago or older at the time of the offense: (1) Soction 794.011, excluding s. 794.011(10); (Il) Section 800.04 (4)(b) whore the victim is under 12 years of age or where the court finds sexual activity by the use of force or coercion; (Il) Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals, or 8 EFTA00234442

--=PAGE_BREAK=--

» t Case 9:08-cv-80804-KAM aD 1-2 Entered on FLSD Docket 08/18/2008 Page 9of2T—"™" (IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals. 2. For all qualifying offenses listed in sub-subparagraph (1)(a)1.d., the court shalt make a writtan finding of the age of the offender at the time of the offense. For gach violation of a qualifying offense listed in this subsaction, the court shall make a written finding of the age of the victim at the time of the offense. For a violation of s. 800.04(4), the court shail additionally make a written finding indicating that tho offense did or (b) “Convicted” moans that there has beon a determination of guilt as a result of @ trial or the entry of a plea of guilty or nolo contendere, rogardless of whether adjudication is withheld, and includes an adjudication of delinquency of a juvenile as specified in this soction, (c) “Permanent residence” and “temporary residence” have the same meaning ascribed in s. 775.21, (d) “Institution of higher education” means a Career center, community college, college, state university, or independent postsecondary institution. (@) “Change in enrollment or employment status” means the commencemont or termination of enroliment or employment or a change in location of enroliment or employment. (f) “Electronic mail address” has the same meaning as provided in s. 668.602. (g) “Instant Message name” ineans an identifier that allows a person to communicate in real time with another person using the Internet. (2) A sexual offender shall: (a) Roport in person at the shoriff's offico: 1. In the county in which the offender ostablishes or maintains a Permanent or temporary residence within 48 hours after: a. Establishing permanent or temporary residence in this state; or b. Boing released from the custody, control, or supervision of the Dopartmont of Corrections or from the custody of a private correctional facility; or 2. Ih the county where ho or she Was Convicted within 48 hours after being convicted for a qualifying offense for registration under this section if the offender is not in tho custody or 9 EFTA00234443

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Docug es 1-2 Entered on FLSD Ban, 8/2008 Page 10 of 21 | e) control of, or undor the supervision of, the Department of Corrections, of is not in the custox ty of a private correctional facility. Any change in the sexual offender's Permanent or temporary residence, name, any electroni« mail address and any instant message name required to be provided pursuant to paragraph (4)(d), after the sexual offender reports in person at the sheriff's office, shall be accomplished in the manner provided in subsections (4), (7), and (8). (b) Provide his or her name, date of birth, social security number, face, sex, height, weight, hair and eye color, tattoos or other identifying marks, occupation and place of employmen:, addross of permanent or legal residence or address of any current temporary residence, within the state and out of stato, including a rural route address and a post office box, any olectronic mail address and any instant Message name required to be provided pursuant to paragraph (4)(d), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address. 1. If the sexual offender's place of residence is a motor vahicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriff's office written notice of the vehicle identification number; the liconse tag number; the registration number; and a description, including color schome, of the motor vohicle, trailer, mobile home, or manufactured home. If the sexual offendar's place of residence is a vessol, live-aboard vassel, or houseboat, as defined in chapter 327, the sexual the manufacturer's serial number; the name of the vessal, live-aboard vessol, or houseboat; the registration numbor; and a description, including color schome, of the vessol, 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 each institution, including each campus attended, and the sexual offonder’s enrollmont or omployment status. Each change in enraliment or employment status shall be reportod in person at the sheriff's of fice, within 4% hours aftor any change in status. The shoriff shall promptly notify each institution of the sexual offender's prosence 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 aii a sat of fingerprints of the offonder and forward tho photographs and fingerprints to the dopartmont, along with the information Provided by the sexual offender. The sheriff shat! i promptly provide to the de»artment the information roceived from the sexual offender. (3) Within 48 hours after the report required under subsection (2), @ sexual offender shalt Fepert in person at a driver's license office of the Dopartment of Highway Safety and Motor Vehicles, unlass 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 license office the se: offendor shall: (a) If otherwise qualified, secure a Florida driver's license, renow a Florida driver's license, or secure an identification card. The sexual offender shatt identify himself or herself as a saxse! offender who is required te comply with this section and shall provide proof thut the sexvai offender reported as required in subsection (2). Tie sexual offandor shalt provide any of the information specified in suisoction (2), 1f requested. The sexual offender shalt subinit to tiv taking of 3 photograph for ine in issuing 4 driver's icense, ronewad license, or idontificatia: card, and for use by the departmont in maintainne current records of sexual offendors EFTA00234444

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM OD 11-2. Entered on FLSD mc 8/2008 Page 11 of 21 (b) Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver's licanse or idontification card as required by this section, The driver's license or idontification card issued must be in compliance with s. 322.141(3). (c) Provide, upon request, any additional information necessary to confirm the identity of the sexual offender, including a set of fingerprints. (4)(a) Each time a sexual offender's drivar's liconse or identification card is subject to renewal, |, without regard to the status of the offender's driver's license or identification card, within 48 hours after any change in the offendor's permanent or temporary residence or change in the offender's name by reason of marriage or other legal process, the offendar shall report in person to a driver's license office, and shall be subject to the requirements spacified in subsection (3). Tho Departmont of Highway Safety and Motor Vehicles shall forward to the dopartment all photographs and information provided by sexual offenders. Notwithstanding the (b) A sexual offender who vacates a permanent residence and fails to establish or maintain another permanent or tamporary residence shall, within 48 hours after vacating the permanont residence, report in person to the sheriff's office of the county in which he or she is located. The sexual offender shall spacify the date upon which he or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required under paragraph (2)(b). The sexual offender must provide an addross for the residence of other location that he or she is or will be occupying during the time in which he or she fails to ostablish or maintain a pormanent or temporary residence. (c) A sexual offender who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours aftor the date upon which the offender indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph (b) for the purpose of reporting his or har addrass at such residence. When the sheriff 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 a felony of the second dogree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) A sexual offender must register any electronic mail address or instant message name with the departmont prior to using such electronic mail address or instant message name on or after Octeber 1, 2007. The department shail establish an online system through which sexual offenders may securely access and update all electronic mail address and instant message name information. (5) This section does not apply to a sexual offonder who is also a sexual predator, as defined in s- 775.21. A sexual predator must rogistor as required under s. 775.21. (6) County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of sexual offenders who are not under the care, custody, control, or supervision of the Departmont of Corrections in a manner that is consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other faderal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. Local law onforcement agencies shall report to the departmant ux y failure by a sexual offender to comply with registration requiraments. EFTA00234445

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM GO 1-2 Entered on FLSD 6S © 8/2008 Page 12 of 21 (7) A sexual offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours bofore the date he or sha intends to leave this state to astablish residence in anothor state or jurisdiction. The notification must include the address, municipality, county. and state of intended residence. The sheriff shall promptly provide to the department the information received from the sexual offender. Tho department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual offender's intonded residence. The failure of a sexual offender to provide his or her tntended place of residence is punishable as provided in subsection (9). (8) A sexual offender who indicates his or her intent to reside in another state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 48 hours after the date upon which the sexual offender indicated he or she would leave this state, report in person to the sheriff to which the sexual offender reported the intended change of residence, and report his or her intent to remain in this state. The shoriff shall promptly report this information to the department. A sexual offender who reports his or her intent to reside in another state or jurisdiction but who remains in this state without reporting to the sheriff in the manner required by this subsection commits a falony of the sacond dagree, punishable us provided in s. 775.082, s. 775.083, or s. 775.084. (9)(@) 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 in violation of this soction may be prosacutod for tho 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 conviction occurrad for the offense or offenses that meet the critoria for designating 4 person 4S a sexual offender. (c) An arrest on charges of failure to register whon the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment on charges for a Violation of this section constitutes actual notice of the duty to rogistor. A sexual offender's failure to immadiatoly register as required by this section following such arrest, service, or arraignmont constitutes grounds for a subsequent charge of failure to register, A sexual offender charged with the crime of failure to register who asserts, or intends to assert, @ lack of notico of the duty to register as a defense to a charge of failure to register shall immadiatoly rogistor as required by this section. A sexual offender who is charved with a subsequent failure to registor may not assert the defense of a lack of netica of the duty to registor, (d) Ragistration following such arrest, sarvice, or arraignment is not a defense and dows not relieve the soxual offonder of criminal liability for the failure to register. (10) The departmont, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenite Justice, any law enforcement ayoncy in this state, and the personnel of those dapartments; an elected or appointed official, public employee, cur school administrator; or an cmployoe, agency, or any individual or entity acting at the regiment oF Upon the direction of ar, !aw anforcoment ager y ts immune from civil tiability for dawraves for good faith compliance with the roquirements of this section of for the raleise of information under this soction, and shall be prosumed to have acted in good faith in compring, racording, reporting, or relo.ssing the information (he presumption of goed faith ic not svercome if a technical or clorical error fs made iy the department, the Denar iment of dighway Safety and Motor Vohiclos, the Department of Corrections, tha Department of tux ie EFTA00234446

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM eae 1-2. Entered on FLSD Pe 08/18/2008 Page 13 of 27 Justice, the personnel of those dapartments, or any individual or antity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorract because a sexual offender fails to report or falsely reports his or her current place of permanent or temporary residence. (11) Except as provided in s. 943.04354, a sexual offender must maintain registration with the dopartmont for the duration of his or her life, unless the sexual offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the Person as a sexual offender for purposes of registration. Howover, a soxual offender: (a)1, Who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 yoars and has not been arrastad for any folony or misdomoanor offense since release, provided that the sexual offender's requiroment to register was not based upon an adult conviction: a. For a violation of s. 787.01 or s. 787.02; b. Por a violation of s. 794.011, excluding s. 794.011(10); c. For a violation of s. 800.04(4)(b) whore the court finds the offense involved a victim undor 12 years of age or sexual activity by the use of force or coercion; d. For a violation of s. 800.04(5) (b); @. For a violation of s. 800.04(5)c.2. whore the court finds the offense involved unclothed genitals or genital area; f. For any attempt or conspiracy to commit any such offanse; 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. 2. The court may grant or deny rolief if the offonder demonstrates to the court that he or she has not been arrested for any crime since rolease; the requested relief complios with the provisions of the foderal Adam Walsh Child Protection and Safety Act of 2006 and any other foderal standards applicable to the removal of registration requirements for a sexual offendor of required to be met as.a condition for the receipt of faderal funds by the state; and the court is otherwise satisfied that the offonder is not a Current or potential threat to public safety. the state attorney in the circuit in which the petition is filed must be given notice of the petition 3. The department shall remove an offender from classification as a sexual offendor for purposes of registration if the offender provides to the department a certified copy of the court’s written findings or order that indicatos that the offendor is no longer required to comply with the requirements for registration as a sexual offonder. 13 EFTA00234447

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Do t11-2 Entered on FLSD Cpe 8/2008 Page 14 of 21 {b) As dofined in sub-subparagraph (1)(a)1.b. must maintain rogistration with the department for the duration of his or her life until the person provides the department with an order issued by the court that designated the person as a sexual predator, as a sexually violont predator, or by another sexual offender designation in the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has beon 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 meets the criteria for registration as a sexual offender under the laws of this state. (12) The Logistature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in soxual offenses oven after being releasod from incarceration or commitment and that protection of the public from sexual offendors is a paramount governinent 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. Releasing information concerning 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 agency or public agency, will further the governmental interests of public safoty. The designation of a person as a sexual offender is not a sentence or a punishment but is simply the status of the offender which is the result of a conviction for having committed certain crimes. (13) Any person who has reason to beliove 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 quostion the sexual offender about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section: (a) Withholds information from, or does not notify, the law enforcement agency about the sexual offender's noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual offender; (b) Harbors, or attempts to harbor, or assists another parson in harboring or attempting to harbor, the sexual offender; or (c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual offender; or (d) Provides information to the law enforcement agency regarding the sexual offender thet the person knows to be false information, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.063, or s. 775.084. (14)(a) A sexual offender must report in person each year during the month of the sexual offander’s birthday and during the sixth month following the sexual offender's birth month to the sheriff's office in the county in which he or she resides or is otherwise located to rerogister. (b) However, a sexual offender who is required to register as a result of a conviction for: 1. Section 787.01 or s. 787.02 whore the victim is a minor and the offender is not the victiin’s parent or guardian; 14 EFTA00234448

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Be 11-2. Entered on FLSD "ee 8/2008 Page 15 of 21 2. Section 794.011, excluding s. 794.011 (10); 3. Section 800.04(4)(b) whore the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion; 4. Saction 800.04(5)(b); 5. Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area; 6. Section 800.04(5)c.2. where the court finds molestation involving unclothed genitals or genital area; 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. Aviolation of a similar law of another jurisdiction, must rerogister each year during the month of the sexual offender's birthday and every third month thereafter. (c) The shariff'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: 1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent rasidence 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 paragraph (4)(d); date and place of any employment; vehicle make, model, color, and license tag humber; fingerprints; and photograph. A post office box shall not be provided in lieu of 5 physical residential address. 2. If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of highor education in this state, the sexual offender shall also provide to the departmant the name, address, and county of each institution, including each campus attended, and the sexual offender's onrollment or employment status. 3. If the sexual offender's placa of residence is a motor vehicle, trailer, mobile horne, or manufactured home, as defined in chapter 320, the soxual offander shall also provide tho vahicle identification numbor; the license tag aumber; the registration number; and @ description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offandor’s place of residence is a vessel, live-aboard vessel, or houseboat, as dofined in chapter 327, tho soxual offender shall also provide the hull identification number; the manufacturer's serial number; the name of the vossol, live-aboard vassal, or houseboat; the registration number; and a description, including color scheme, of the vessal, live-aboard vessol or houseboat. 4. Any sexual offonder who fails to raport in person as required at the sheriffs office, or whe fails to raspond to any address verification correspundence from the departmont within 3 weeks of the date of the correspondence or who faris to report electronic mat! addrass@s or 15 EFTA00234449

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM "eee" 11-2 Entered on FLSD FEEy08/1 8/2008 Page 16 of 21 instant message names, commits a felony of the third dogree, punishable as provided ins. 775.082, s. 775.083, or s. 775.084. (d) The sheriff's office shall, within 2 working days, olectronically submit and update all information provided by the sexual offender to the department in a manner proscribed by the department. 16 | | EFTA00234450

--=PAGE_BREAK=--

Cage 9:08-cv-80804-KAM Document11-2 Entered on FLSD we 08/18/2008 Page 17 of 21 YORESHEET RULE 3. ssa CRIMINAL PUNISHMENT CODE lee [<3 | abun. 10. PRIMARY OFF. DATE oe [3 |e 7 \w [ JoTHER Km C) A I PRIMARY OFFENSE: 1 Qualifier, please check __A__S__C__R (A=Attempt, S=Solicitation, or mney FELONY F.S# DESCRIPTION OFFENSE POINTS DEGREE LEVEL (Level - Points: 1=4, 2=10, 3=16, 4=22, 5=28, 6=36, 7=86, 8=74, =92, 102116) Pi 4 - fas vn Prior capital felony triples Primary Offense points [_] ll. ADDITIONAL OFFENSE(S): Supplemental page attached oO DOCKET# easy, 38 F.S# 4 Ls 0 76EE QUALIFY COUNTS POINTS —TOTAL " ~ Description Jo oC a eK Lt Description : {Level - Points: M=0,2, 1=0,7, 2=1.2, 352.4, 423.6, 5=5.4, 6=18, 7=28, 8=37, 9=46, 10258) Prior capital felony triples Additional Otfense points [] Supplemental page points S u. (A 7 I. VICTIM INJURY: Number Total Number Total 2” Degree Murder 240 X = Slight 4x ee Death 120X = Sex Penetration 80 X = Severe 40X ___ = ____ Sex Contact 40x ieee ey Moderate 18X = ¢ . a] M., JUN 3 IV. PRIOR RECORD: Supplemental page attached (_] : FEUMM F.S# OFFENSE QUALIFY DESCRIPTION NUMBER POINTS TOTAL DEGREE LEVEL ASCR / / / Q000 / x = ! ! / Dooo Jo XL / / / oooo — XL EL i] / / DO00 _. a es ——— fo) 6gooo a, a an / / / o000 / x — = __ (Level - Points: M=0.2, 1=0.5, 2=0.8, 321.6, 4=2.4, 5=3.6, 6=9, 7=14, 819, 9=23, 10229) Supplemental page points. 17 oy & yaks E FTA00234451

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Docu 11 O + ey Y ? &?” Vi. | Community Sanction violation before the court for sentencing Vi. 6 points x each successive violation OR New felony conviction = 12 points x each successive violation Page 1 Subtotal _ V. Legal Status violation = 4 Points Vil. Firearm/Semi-Automatic or Machine Gun = 18 or 25 Points Vil. Vill. Prior Serious Felony = 30 Points Vill Subtotal Sentence Points tA a 7 IX. _ Enhancements (only if the primary offense qualifies for enhancement) Enhanced Subtotal Sentence Points 20.7 TOTAL SENTENCE POINTS ‘ SENTENCE COMPUTATION If total sentence points are less than or equal to 44, the lowest permissible sentence Is any non-state prison sanction. if total sentence points are greater than 44: O, minus 28 = 7 4 My, x.75= - total sentence lowest permissible prison sentence In months The maximum sentence is up to the statutory maximum for the Primary and any additional offenses as provided in s. 775.082, F.S., unless the lowest permissible sentence under the code, exceeds the statutory maximum. Such sentences may be imposed concurrently or consecutively. If total sentence points are greater than or equal to 363, a life sentence may be imposed. maximum sentence in years TOTAL SENTENCE IMPOSED Years Months Days © Stgte Prison D Life County Jail CO Time Served | L © Community Control tg was Airth S Bogor vr conned as © habitual offender, O [8 wll: Camis ls O prison “p48 CIT reoffender, or a () mandatory minimum applies. SKioatea Departure 7 Plea Bargain Other Reason JUDGE'S SIGNATURE 18 Lessee EFTA00234452

--=PAGE_BREAK=--

Entered on FLSD Docket 08/18/2008 Page | 19 of 21 04-KAM cument 11-2 ales? oO ON see JACKET n338617 800K" 2008039317 ALIAS NAMES: ee OVER 8 NAMES: _ . z _ - EPSTE#, JEFFREY - EPSTEIN, JEFFREY EDWARD - Monday, June 30, 2008 PALM BEACH SHERIFFS OFFICE 11:33:12 AM BOOKING CARD INCARCERATION DATE/TIME 06/30/2008 11:13 BKG.LOC: MOBILE BOOKING PRISONER TYPE: LOCAL CHARGES BKG.ID#: 8548 DOB: 01/20/1953 RIS: wim HAIR COLOR: GRY AGE: 55 HEIGHT: 6 ft 0 in EYECOLOR: BLU SSN: 90-44-3348 WEIGHT: 200 ome" ADDRESS: 358 EL BRILLO WY CITY: PALM BEACH STATE: FL ZIP: 33480 COUNTRY: Ysa 20080630061 POUCH: 3050 NCIC: SiO#: 06587245 AFIS: 2006036744 DOC # ALIEN #: U.S, MARSHAL #: INCIDENT #: FBI#: 787075K6 OBTS #: ARREST ADDRESS:205 N DIXIE HWY (MAIN CT HOUSE) CITY: WPB STATE: FL ZIP: ARREST DATE: 06/30/2008 ARREST TIME: 10:15 BKG.DATE: 06/30/2008 BKG. TIME: 14:13 CURRENT BOND: $0.00 WARRANTICASE®; COURT DIVISION: ARREST OFFICER: D/S DELPLATO TRANS. OFFICER: D/S MCINTOSH CASE TYPE: RECOMMIT-FELONY ARREST AGENCY: 01 -PBSO TRANS. AGENCY: 01-PBSO NOTE: STATUTE: CT: DESCRIPTION: CASE FLAG: NO BOND 9999.0004 (NN) 1 -RE-COMMIT 0 0 _ FELONY OFFER TO COMMIT PROSTITUTION // CASE: 2006CFO09454AXXX // BKN2006096744 HOLDS: HOLD DATE/TIME: HOLD BY: HOLD DEPT.: HOLD REM.DATE/TIME: HOLD REM. BY: F — — ~ — ° 2 — —. — oe 3 — — — a _ ALERT DESCRIPTION: ALERT NARRATIVE: 1 31 - DNA NOT ON FILE/FELONY CONVICTION 2— _ _ = _ 3 — _— — -. . OVER 3 ALERTS: oO KEEP SEPARATE FROM: NONE _ _ _ 7 OVER 6 NAMES: oO ~ ASSIGNEDHOUSING: NTADATETIME: = sO ee NCIC INTAKE: oo NCIC RELEASE: | re F.P. ENTERED: a _ F.P. CLEAR: _ PALMS REL.: _ PHOTO ID: : 7 a CLASSIFICATION: _ MED.CLEAR IN: ee MED. CLEAR REL: ee RELEASE MOVE: ee oe RELEASE DATE/TIME: __ RELEASE INFORMATION: ee . 7 a a _ ee ANS COURT DATE/TIME: _ a - COURT LOCATION: _ re ee _ ee N CLERK [_] WARRANTS [_] STATEATTY [_] CENTRAL RCDS [_} ciass [ } MHL EFTA00234453

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Doct 11-2. Entered on FLSD Docigene" 8/2008 Page 20 of 21 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA CASENO.: 2006CF009454AXX ot DIVISON: “W” = vs. & eas | JEFFREY EPSTEIN, nr 20 Defendant. C3 ww / = eo ER LING DOCUM N COURT FI 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: -) cached ORDERED AND ADJUDGED that thofiocument filed by the Defendant on July 2, 2008 be sealed by the Clerk in the court file. DONE AND ORDERED in chambers, West Palm Beach, Palm Beach County, Florida this oe day of July, 2008. BORAH 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, Esq. Assistant State Attorney (interoffice) yo » ™ 2041) EFTA00234454

--=PAGE_BREAK=--

Case 9:08-cv-80804-KAM Document 11-2 Entered on FLSD Docker! 8/2008 Page 21 of 21 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY CASE NO. 2°20 & CF OFWYSYA YY STATE OF FLORIDA pivision _ ~ vs. SetF ey Epstein ae on ON vily 2 008 ; 328 ~ C cca = Oo ee na © Cj Psychiatric (Medical, etc.) Report dated from pe | Presentence Investigation Report dated. from 4] Other On — (restcu 5 As eement— SEALED IN COURT FILE, NOT TO BE OPENED WITHOUT ORDER OF COURT - - 8%, EFTA00234455