; ee oo“ SEARCY DENNEY © oo oe T001/008 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG JEFFREY EPSTEIN, | Plaintiff, vs. SCOTT ROTHSTEN,, individually, BRADLEY J. EDWARDS, individually, and LM,., individually, Defendant, / AMENDED COUNTERCLAIM Bradley J. Edwards (EDWARDS) sues Jeffrey Epstein (EPSTEIN) and alleges: COUNT I—ABUSE OF PROCESS ; 1 This is an action for damages in an amount in excess of the minimum jurisdictional limits of this Court. 2. Counter/plaintiff, EDWARDS, is sui juris, resides in Broward County, Florida, and is an attorney licensed to practice in the State of Florida at all times material hereto. 3. Counter/defendant, EPSTEIN, is sui juris and is a resident of Palm Beach County, Florida. 4. EPSTEIN is a convicted felon having entered into a plea agreement pursuant to which he effectively conceded his having engaged in illicit sexual activity with a large number of female children over an extended period of time in violation of both State and Federal criminal laws. EFTA00292184

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Edwards adv. Epstein Cas No.; 502009CA040800XXXXMBAG ded Counterclaim Page 2 of 8 ls, EPSTEIN was sued civilly by a large number of his victims. Many of the cases against him have been settled, and upon information and belief, federal law enforcement agebcies continue to investigate additional allegations of EPSTEIN’S serial abuse and "lL of children; others remain pending. As a consequence, EPSTEIN continues to face the potential of further criminal prosecution and huge civil judgments for both compensatory and punitive damages in favor of many victims of his depraved criminal exploitation of children including victims represented by EDWARDS. 6. In the face of overwhelming evidence of his guilt, EPSTEIN repeatedly asserted his Fifth Amendment Right against self-incrimination and refused to answer any substantive questions regarding his sexual exploitation of his minor victims. Lacking any substantive defense to the claims against him, EPSTEIN sought to avoid his compensatory and pimitive liability and to deter cooperation in the ongoing criminal investigation by employing the extraordinary financial resources at his disposal to intimidate his victims and their legal counsel into abandoning their legitimate claims or resolving those claims for substantially less than their funesoabe y In some circumstances, EPSTEIN’s tactics have proven successful, while other victims have thus far withstood this continued assault upon them and persisted in the prosecution of their claims. EDWARDS’ clients are among those who continued the prosecution of their claims and the assertion of federal statutory rights afforded to them pursuant to the Federal Critne Victims’ Rights Act (CVRA). EFTA00292185

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“10/04/2011 iio? Fx oo" SEARCY DENNEY 00037008 | Ed ady. Epstein Cas¢ No.: 502009CA040800XXXXMBAG Counterclaim Page 3 of 8 &. While prosecuting the legitimate claims on behalf of his clients, EDWARDS has not jengaged in any unethical, illegal, or improper conduct nor has EDWARDS taken any action incénsistent with the duty be has to vigorously represent the interests of his clients. EPSTEIN has|no reasonable basis to believe otherwise and has never had any reasonable basis to believe otherwise. 9. Nevertheless, EPSTEIN filed civil claims against EDWARDS and EDWARDS’ client, L.M. for the sole purpose of further attempting to intimidate EDWARDS, L.M., and others into abandoning or settling their legitimate claims for less than their just and reasonable value. 10. The claims filed by EPSTEIN against EDWARDS included the following: a. violation of F.S. §§772.101, et. seq.— Florida Civil Remedies for Criminal Practices Act; b, Florida RICO—“Racketeer Influenced and Corrupt Organization Act” pursuant to F.S. §§895.01, et. seq.; c. abuse of process; d, fraud; | e. conspiracy to commit fraud. 11. EPSTEIN, in his Complaint, directly alleged that EDWARDS was a knowing participant in a civil theft and criminal enterprise when EPSTEIN was well aware that there was and is absolutely no evidence whatsoever to support such false assertions. Indeed, his Complaint was replete with speculation, conjecture, and imnucndo and was entirely devoid of factual EFTA00292186

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Edwards adv. Epstein Caseg No.; 502009CA040800XXXXMBAG ded Counterclaim Page 4 of 8 support for his spurious allegations. Indicative of his total disregard for the lack of any predicate for is claims, EPSTEIN ignored the statutory requirement for written notice prior to the initiation of a civil theft claim, i 12. EPSTEIN knew at the time of the filing of the specified claims and throughout his fila prosecution of those claims that he could not prosecute the claims to a successful conblusion because: a. they were factually unsupported; b. he had suffered no legally cognizable injury proximately caused by the falsely alleged wrongdoing on the part of EDWARDS; G he had no intention of waiving his Fifth Amendment privilege against self- incrimination in order to provide the relevant and material discovery that would be necessary in the course of prosecuting the claims and that his prosecution would consequently be barred by the sword-shield doctrine; d. EDWARDS’ conduct in the prosecution of claims against EPSTEIN could not support the prosecution of a separate civil Jawsuit against EDWARDS because of the absolute protection of the litigation privilege. 1 13. EPSTEIN acted purely out of malice toward EDWARDS and others, and he had ulterior motives and purposes in filing his unsupported and unsupportable claims. His real purpose was to put pressure on EDWARDS, L.M., and other victims by publishing what amgunts to nothing more than a highly defamatory press release issued under the cloak of protection of the litigation privilege. i | | EFTA00292187

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ded Counterclaim Page 5 of 8 cae ady. Epstein No.: 502009CA040800XXXXMBAG j 14. EPSTEIN'’S primary purpose in both filing and continuing to prosecute each of the ns against EDWARDS was to inflict a maximum economic burden on EDWARDS in having to defend against the spurious claims, to distract EDWARDS from the prosecution of claims against EPSTEIN arising out of EPSTEIN’S serial abuse of minors, and ultimately to extdrt EDWARDS into abandoning the claims he was prosecuting against EDWARDS. | 15. EPSTEIN’S filing and prosecution of claims against EDWARDS recklessly and purposely disregarded the lack of justification for each of the claims and EPSTEIN never had as his beimary purpose to establish what he did consider or reasonably could have considered to be meritorious claims. 16. Bach and every pleading filed by and on behalf of EPSTEIN in his prosecution of every claim against EDWARDS, every motion, every request for production, every subpoena issued, and every deposition taken was intended with respect to EDWARDS solely and exclusively to advance EPSTEIN’S efforts at extortion as previously detailed, and constituted a peryersion of process after its initial service. 17. Asa result of EPSTEIN’s wrongful conduct as alleged, EDWARDS has suffered | and! will continue to suffer damages including but not Jimited to injury to his reputation, in' | rence in his professional relationships, the loss of the value of his time required to be divérted from his professional responsibilities, and the cost of defending against EPSTEIN’s sputious and baseless claims. WHEREFORE, EDWARDS demands judgment against EPSTEIN for compensatory aanlages, costs, and such other and further relief as the Court may deem appropriate under the EFTA00292188

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1O7OU7 SEIT ot epeanerannreanes SHARCY’ DENNER OO" seeeeeeanniainemmmmmenain” ’ V1, baneen ‘ Amended Counterclaim Pagg 6 of 8 Ed adv. Epstein Cas No.: 502009CA040800XXXXMBAG circumstances. Counter/plaintiff, EDWARDS, reserves the right to assert a claim for punitive damages upon satisfying the applicable statutory prerequisites. Counter/plaintiff, EDWARDS, further demands trial by jury. COUNT Il— OUS PROSECUTION Each of the factual allegations of Paragraphs 1-17 are incorporated as if each were fully set but herein and EDWARDS further alleges:, 18. After unsuccessful efforts to defend and amend his maliciously filed and prosecuted claims over a period of almost two years, EPSTEIN abandoned the claims except for an ongoing effort to salvage his abuse of process claim. That abandonment brings to successful contlusion EDWARDS’ defense against each of the other abandoned claims. | WHEREFORE, EDWARDS demands judgment against EPSTEIN for compensatory damages, costs, and such other and further relief as the Court may deem appropriate uncer the circumstances. Counter/plaintiff, EDWARDS, reserves the right to assert a claim for punitive damages upon satisfying the applicable statutory prerequisites. Counter/plaintiff, EDWARDS, further demands trial by jury. EFTA00292189

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“10/04/2011 14:03 FAX (MMH = SEARCY DENNEY oe GH 007/008 Edwards adv. Epstein Casdé No.: 502009CA040800XXXXMBAG Amended Counterclaim Page 7 of 8 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by wl _ Fax'and U.S. Mail to all counsel on the attached i day of October, 2011. CLs ¥ Palm Beach Lakes Boulevard (West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attomeys for Bradley J. Edwards EFTA00292190

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10/04/2011 14:03 FAX HC SEARCY “DENNEY jards ady. Epstein Case No.: 502009CA040800XXXXMBAG Amended Counterclaim Page 8 of 8 | COUNSEL LIST iT Jack A. Goldberger, Esquire Atterbury, Goldberger & Weiss, P.A. Attorney For: Jeffrey Epstein 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Phone: (561) 659-8300 Fax: (561) 835-8691 Farmer, Jaffe, Weissing, Edwards, Fistos & Lehnnan, PL Attorney For: Jeffrey Epstein 425,N. Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954) 524-2820 Faxt (954) 524-2822 Matc S. Nurik, Esquire Law Offices of Mare S. Nunik Attorney For: Scott Rothstein One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Phone: (954) 745-5849 Fax: (954) 745-3556 Joseph L. Ackerman, Jr., Esquire Fowler White Burnett, P.A. Attomey For: Jeffrey Epstein 901'Phillips Point West 777:S Flagler Drive West Palm Beach, FL 33401-6170 Phone: (561) 802-9044 Fax: (561) 802-9976 EFTA00292191