From: Darren Indyke <[REDACTED]>
To: Jackie Perczek [REDACTED]
Date: 4/7/2011 1:27 PM
Subject: Privileged and Confidential
Attachments: Edwards Articles -1.doc; Edwards Articles - 12.pdf; Edwards Articles - 10.pdf;
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Darren K. Indyke
Darren K. Indyke, PLLC
301 East 66th Street, 10B
New York, New York 10065
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Palm Beach sex offender's secret plea deal:
Possible co-conspirators not charged, presses
victims to settle civil suits
By SUSAN SPENCER-WENDEL
Palm Beach Post Staff Writer
Friday, September 18, 2009
WEST PALM BEACH — Billionaire financier sex offender Jeffrey Epstein's secret non-prosecution
agreement he struck with federal prosecutors was unsealed Friday, offering the first public
look at the deal Epstein's high-powered legal counsel brokered on his behalf.
According the agreement, the Federal Bureau of Investigation and the U.S. Attorney's Office
investigated Epstein for various federal crimes, including prostitution, some punishable by a
minimum of 10 years up to life in prison
But federal prosecutors backed down and agreed to recall grand jury subpoeanas, if Epstein
pleaded guilty to prostitution-related felonies in state court, which he ultimately did. He
received an 18-month jail sentence, of which he served 13.
A former federal prosecutor of 15 years, Mark Johnson of Stuart, said the disparity in the
potential sentences was unusual.
The United States Attorney's Office also agreed not to charge any of Epstein's possible co-
conspirators - Sarah Kellen, Adriana Ross, Lesley Groff and Nadia Marcinkova.
The agreement was negotiated in part by New York heavyweight criminal defense attorney Gerald
Lefcourt.
On its first draft in September 2007, it required that Epstein pay an attorney - tapped by the
U.S. Attorney's Office and approved by Epstein - to represent some of the victims in civil
suits they had filed against Epstein. That attorney is prominent Miami lawyer Bob Josefsberg.
Former prosecutor Johnson said he has never seen a provision like that before.
But an addendum to the agreement signed the following month struck Epstein's duty to pay
Josefsberg if he and the victims did not accept a settlement and instead pursued litigation.
The agreement, signed by Assistant U.S. Attorney Maria Villafana, does not expressly state
whether any victims were contacted or consulted before the deal was made.
Attorney Brad Edwards of Fort Lauderdale, who represents three of the young women, believes
that none of the between 30 and 40 woman identified as victims in the federal investigation
were told of the deal. Edwards said his clients were still receiving letters in the mail
months afterwards saying the U.S. Attorney's Office assuring them Epstein would be prosecuted.
"Never consulting the victims is probably the most outrageous aspect of it..." Edwards said.
"It taught them that someone with money can buy his way out of anything. It's outrageous and
embarrassing for United States Attorney's Office and the State Attorneys Office."
Epstein now faces many civil lawsuits filed by the women, who are represented by a variety
attorneys. In many, the facts alleged are the same: that Epstein had a predilection for
teenage girls, identified poor, vulnerable ones and lured them to his home via other young
women. The teens describe ascending a staircase lined with nude photographs of young girls and
to the spa room where Epstein would appear in a small towel.
Former Circuit Judge Bill Berger, who represents one of the victims, and The Palm Beach Post
sought the unsealing of the agreement. Berger refers to it as a "sweetheart deal."
"Why was it so important for the government to make this deal?" Berger asked rhetorically. "We
have not yet had honest explanation by any public official as to why it was made .. and why
the victim's were sold down the river."
Former federal prosecutor Ryon McCabe described the agreement as "very unorthodox." Such
agreements, he said, are usually reserved for corporations, not individuals.
http://www.palmbeachpost.com/ pbcwest/content/local_news/epaper/2009/09/18/0918epstein.html
"It's very, very rare. I've never seen or heard of the procedure that was set up here." said
McCabe, who has no involvement in any Epstein litigation and is now a securities litigation
attorney.
"He's essentially avoiding federal prosecution because he can afford to pay that many lawyers
to help those victims review their cases.... If a person has no money he couldn't be able to
strike a deal like this and avoid federal prosecution."
The back-room deal with federal prosecutors all the more interesting in light of the legal
heavyweights who have worked for Epstein, including Harvard professor Alan Dershowitz and
Kenneth Starr of Clinton impeachment fame. Lefcourt is a past president of the National
Association of Criminal Defense Lawyers.
Epstein's local defense attorney, Jack Goldberger, issued a statement Friday saying he had
fought the release of the sealed agreement to protect the third parties named there. "Mr.
Epstein has fully abided by all of its terms and conditions. He is looking forward to putting
this difficult period in his life behind him. He is continuing his long standing history of
science philanthropy..."
Epstein ended up avoiding federal charges, and pleaded guilty in state court to felony
solicitation of prostitution and procuring a person under the age of 18 for prostitution. In
July 2008, he was sentenced to 18 months in jail, and later allowed out up to six days a week
on work release.
Epstein left the jail in late July 2009 after serving not quite 13 months of the sentence,
having earned gain time for good behavior.
Palm Beach Police began investigating the "international moneyman of mystery," as the New York
magazine dubbed him, after they received a complaint from a relative of a 14-year-old girl who
had given Epstein a naked massage at his home on the Intracoastal Waterway.
Police sought and found in poor neighborhoods a variety of tall, thin, model-like young women,
who told stories of begin recruiting, then going to Epstein's home and massaging and
stimulating him. They walked away with between $200 and $1,000.
The investigation triggered tensions between police and prosecutors, with then-Chief Michael
Reiter saying in a May 2006 letter to then-State Attorney Barry Krischer that the chief
prosecutor should disqualify himself.
"I continue to find your office's treatment of these cases highly unusual," Reiter wrote. He
then asked for and got the federal investigation that ended in the sealed deal.
"The Jeffrey Epstein matter was an experience of what a many-million-dollar defense can
accomplish," Reiter told the Palm Beach Daily News upon his retirement.
http://www.palmbeachpost.com/pbcwest/content/local_news/epaper/2009/09/18/0918epstein.html
Judge: Palm Beach sex offender Jeffrey Epstein agreement to remain sealed
By MICHELE DARGAN
Palm Beach Daily News Staff Writer
Tuesday, February 17, 2009
A federal judge has ruled that a non-prosecution document under which the government agreed
not to pursue federal charges against sex offender Jeffrey Epstein will remain under seal - at
least for now.
The U.S. Attorney's Office and Epstein's lawyers reached the agreement before Epstein pleaded
guilty to state felony charges, and the document is under seal in Epstein's state criminal
file.
Representing two of Epstein's victims, attorney Brad Edwards asked to have the document
unsealed as part of his federal lawsuit against the Manhattan money manager. Although Edwards
and his victims have seen the agreement, Edwards says in his pleadings that the government has
"inaccurately described the agreement ... creating a false impression that the agreement
protects the victims."
U.S. District Judge Kenneth Marra ruled that the claims, even if true, haven't damaged Edwards'
case.
"If and when such alleged mischaracterizations become relevant to an issue to be decided by
the court, the parties will be given the opportunity to advance their positions and the court
will resolve the issue," he wrote. "If disclosure of the agreement will be required for the
court to resolve this issue, appropriate disclosure will be ordered."
Seeking to keep the agreement sealed, Assistant U.S. Attorney Dexter Lee argued that the
agreement is not part of any case before Marra.
"The non-prosecution agreement has never been filed under seal in federal court," he wrote.
He also denied that the agreement has been inaccurately described.
Marra sided with Lee on the argument that the agreement was not filed in federal court "under
seal or otherwise."
On Aug. 14, Marra ruled that the non-prosecution agreement would be unsealed for Edwards and
any of the victims who want to see it. But the ruling bars Edwards and anyone else who sees
the document from disclosing the terms to anyone else.
In his motion to unseal, Edwards said he wants to be able to discuss the terms of the
agreement with other victims and their attorneys as well as with other victims' rights groups
such as the National Alliance of Victims' Rights Attorneys.
The desire to discuss the agreement with third parties is not justification for unsealing the
document, Marra ruled.
"If a specific tangible need arises in a civil case relief should be sought in that case," he
wrote.
Epstein, 56, is serving 18 months in jail for soliciting prostitution and procuring a minor
for prostitution.
Under the agreement, federal prosecutors will defer their decision on whether to prosecute
Epstein on federal charges until 90 days after Epstein completes all requirements of his state
sentence.
If he abides by all court conditions and restrictions, the federal case would be dropped.
In addition to the state criminal case, there are nine federal and seven state lawsuits
pending against Epstein.
All contain similar allegations: The Manhattan money manager, through his employees and
assistants, brought minor girls to his Palm Beach home at 358 El Brillo Way for erotic
massages and sometimes sex.
http://www.palmbeachpost.com/localnews/content/local_news/epaper/2009/02/17/0217epstein.html
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Copyright 2009 Palm Beach Post
Palm B each Daily News
June 25, 2009 Thursday
Final Edition
SECTION: A SECTION; Pg. A.1
LENGTH: 557 words
HEADLINE: JUDGE TO RULE ON SEALED PLEA-DEAL PAPERS TODAY
BYLINE: MICHELE DARGAN, MICHELE DARGAN, Daily News Staff Writer
BODY:
A circuit judge will decide today whether the public will be privy to the federal government's
non-prosecution deal with Jeffrey Epstein, which was sealed when the convicted sex offender
pleaded guilty in June 2008 to two felony counts.
Epstein, of Palm Beach, will be released from the Palm Beach County Stockade July 22, after
serving less than 13 months of his 18- month sentence for procuring a minor for prostitution
and solicitation of prostitution.
Teri Barbera, spokeswoman for the Palm Beach County Sheriffs Office, confirmed his release
date Tuesday.
Epstein's projected release date had been Sept. 24, but gain time -- which includes his
participation in a work-release program -- moves the date up to July 22, Barbera said.
Epstein, 56, has been in the work-release program since Oct. 10, in which he is allowed out of
the stockade six days a week, from 10 a.m. to 10 p.m., to go to his West Palm Beach office,
the Florida Science Foundation, monitored by an ankle bracelet and accompanied by a deputy.
As part of Epstein's state plea agreement, the U.S. Attorneys Office agreed not to prosecute
Epstein on federal charges as long as he fulfills all requirements of his sentence and
probation. The federal non-prosecution agreement has been under seal in state court.
Epstein's attorney Jack Goldberger filed court papers asking that the documents stay sealed
for the following reasons: "to prevent a serious imminent threat to the fair, impartial and
orderly administration of justice; to protect a compelling government interest; to avoid
substantial injury to innocent third parties and to avoid substantial injury to a party by
disclosure of matters protected by a common law and privacy right, not generally inherent in
these specific type of proceedings, sought to be closed."
Fort Lauderdale-based attorney Brad Edwards represents three Epstein victims and has asked
Circuit Judge Jeffrey Colbath to unseal the federal agreement to the public. An attorney for
The Palm Beach Post also has asked that the records be unsealed.
Edwards and his clients have seen the agreement after a federal judge ruled that they are
allowed to see it. But that ruling bars Edwards and anyone else who sees the document from
disclosing the terms to anyone else.
Edwards said he wants to use that document "in the deposition of various material witnesses"
relative to his cases.
Page 2
JUDGE TO RULE ON SEALED PLEA-DEAL PAPERS TODAY Palm Beach Daily News June 25, 2009 Thursday
Radaronline.com has reported that Epstein has "secretly been helping the feds unravel a Ponzi
scheme" related to the June 2008 indictment of two former managers of Bear Stearns Mortgage
Investment Fund.
Epstein's rep, Howard Rubenstein, confirmed last year that Epstein is "Major Investor No. 1"
in the indictment, which says he lost about $57 million.
Goldberger could not be reached for comment.
The Manhattan money manager has been incarcerated since June 30, when he pleaded guilty to the
two felony counts. As part of the plea agreement, Epstein must serve one year of house arrest
after his release and register as a life-long sex offender.
In addition to the criminal case, there are more than a dozen civil lawsuits -- both state and
federal -- pending against Epstein. All contain similar allegations: Epstein, through his
employees and assistants, brought minor girls to his Palm Beach home on El Brillo Way for
erotic massages and sometimes sex.
mdargan@pbdailynews.com
GRAPHIC: Caption: Epstein To be released from jail July 22.
LOAD-DATE: September 1, 2010
Heiress quizzed in sex suits
Last Updated: 3:35 AM, October 12, 2009
Posted: 12:55 AM, October 12, 2009
Comments: 14
Ghislaine Maxwell, the British brunette whose father once owned the Daily News, has been
slapped with a subpoena in suits brought by 24 underage girls against her old friend,
billionaire Jeffrey Epstein.
Maxwell -- whose press-lord father, Robert Maxwell, died in 1991 after falling into the
Atlantic off his yacht, the Lady Ghislaine -- was served with a subpoena on Sept. 22 at 6:45
p.m. as she was leaving the Clinton Global Initiatives Conference at the Sheraton Hotel.
Florida lawyer Brad Edwards, who represents three of the "Jane Does" who are suing Epstein,
told Page Six that Maxwell would be questioned over her knowledge of how Epstein procured many
of the girls.
Epstein is accused in the civil complaints of luring underage girls to his mansion in Palm
Beach to give him massages, during which he allegedly engaged them in sexual activity and paid
them hundreds of dollars each. A grand jury indicted Epstein on a charge of felony
solicitation of prostitution. Epstein, who pleaded guilty and did 12 months in prison, was
deposed last week in the offices of his lawyer, Jack
Goldberger.
Goldberger wouldn't comment, but a friend of Epstein said, "These [people bringing the
complaint] are the lowest of the lows in terms of ambulance-chasing lawyers." The trials are
scheduled to start in February.
Nadia Marcinkova, who has been described as Epstein's lesbian sex slave and who visited him
behind bars 67 times, has also been served with a subpoena.
Epstein's brother, Mark Epstein, who has a real-estate holding company in New York, has
already been deposed about a building he owns, 301 E. 66th St. "Jeffrey rents several
apartments there where he keeps his girls, alleged models for the MC2 agency he owns," Edwards
said. "But Mark acts like he doesn't even know his brother. He was extremely angry and rude
and cursed me out."
http://www.nypost.com/p/pagesix/item_0137QFDOUnUXhNff7btM0pL
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All Rights Reserved
Sun-Sentinel (Fort Lauderdale, Florida)
June 15, 2009 Monday
Palm Beach Edition
SECTION: LOCAL; Pg. 3B
LENGTH: 348 words
HEADLINE: HEARING SET TO CONSIDER SECRECY OF PLEA BARGAIN
BYLINE: Susan Spencer-Wendell The Palm Beach Post
BODY:
A Palm Beach Circuit Court judge will not immediately unseal a deal that wealthy Palm Beach
money manager Jeffrey Epstein made with federal prosecutors to avoid charges.
Circuit Judge Jeff Colbath acknowledged, though, at a hearing last week that Epstein's deal
was not sealed in accordance with state and local court rules.
"I don't see where any of the procedures were ever followed to begin with," Colbath said.
Colbath also set a full hearing on the matter for June 25.
Attorneys for young women now suing Epstein, together with The Palm Beach Post, are asking
Colbath to unseal the deal that Epstein made with federal prosecutors.
"It's a secret agreement, a secret sweetheart agreement," said former Circuit Judge Bill
Berger, who represents some of the women. "Everybody was in on this deal except the victims
and the public. The public should be outraged it has gone as far as it has."
Brad Edwards, a second attorney representing the women, has seen the sealed deal after a
federal judge allowed him and his clients to view it, but would not discuss its contents.
Edwards would say only that the women were "outraged" that it had been negotiated behind their
backs.
A reporter asked Edwards whether he thought Epstein received special treatment by federal
prosecutors.
"Are you kidding? It's transparent. Certainly, no one else gets treated like that," Edwards
said.
Epstein, 56, a reported money manager of billionaires, is serving an 18-month sentence in the
Palm Beach County Stockade after pleading guilty almost a year ago in state court to felony
solicitation of prostitution and procuring teenagers for prostitution. Epstein is allowed out,
though, each day from 7 a.m. to 11 p.m., a Sheriffs Office spokesman said.
Displeased with the way the State Attorneys Office handled the case, Palm Beach police
forwarded information to the FBI.
INFORMATIONAL BOX:
Young women have sued
Page 2
HEARING SET TO CONSIDER SECRECY OF PLEA BARGAIN Sun-Sentinel (Fort Lauderdale, Florida) June
15, 2009 Monday
Money manager Jeffrey Epstein made a deal and is serving an 18-month sentence in jail.
Attorneys for young women suing Epstein are asking a judge to unseal the deal that Epstein
made with federal prosecutors.
NOTES: < Informational box at end of text. {TOPIC} Prostitution solicitation case
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Copyright 2009 Palm Beach Post
Palm Beach Daily News
June 11, 2009 Thursday
Final Edition
SECTION: A SECTION; Pg. A.1
LENGTH: 561 words
HEADLINE: EPSTEIN PLEA DEAL TO REMAIN SEALED FOR NOW
BYLINE: DAVID ROGERS, DAVID ROGERS, Daily News Staff Writer
BODY:
The plea deal that part-time Palm Beacher Jeffrey Epstein agreed to several months ago to
avoid federal charges will remain sealed for the time being.
Lawyers for The Palm Beach Post and a woman who claimed Epstein solicited and procured her for
sex at his El Brillo Way home while she was underage asked Palm Beach County Circuit Judge
Jeffrey Colbath Wednesday morning to unseal the plea documents immediately.
Instead, Colbath decided to leave the documents sealed and give Jack Goldberger, the attorney
representing Epstein, until 1 p.m. Friday to file papers showing why the records should remain
out of public view.
Colbath agreed to let the Post and "E.W." have standing in the case and set a hearing on
whether the documents should be unsealed for 1:30 p.m. June 25.
Epstein agreed in September 2007 to plead to state charges to avoid federal prosecution,
Goldberger told County Judge Deborah Pucillo at Epstein's plea conference last year.
The sealing of the records in question was said to be a "significant inducement" for Epstein,
who is serving 18 months in the Palm Beach County Stockade -- with daytime release -- and is
facing several civil lawsuits in state and federal courts by more than a dozen alleged victims.
Colbath said, "I don't see where any of the proper procedures to seal the documents were ever
followed ..." but that he would give Epstein's legal team the ability to "jump through the
hoops to seal the documents if they are entitled in fact to be sealed."
The sealing of court documents in Florida is unusual and lawyers typically have to prove a
significant reason for it, such as protecting trade secrets or a compelling government interest.
Goldberger said after the hearing there is no rush to unseal the plea deal.
"I think the records clearly need to be sealed and continue to be sealed but I think the
ruling by Judge Colbath was a very well- reasoned practical decision," Goldberger said. "He is
not getting special treatment."
Brad Edwards, of the law firm of Rothstein Rosenfeldt Adler of Fort Lauderdale, said the plea
deal should be a public record. His firm represents the woman, now 20, who was identified only
as E.W.
Page 2
EPSTEIN PLEA DEAL TO REMAIN SEALED FOR NOW Palm Beach Daily News June 11, 2009 Thursday
Whether procedure was followed is not the issue, he said.
"Certainly it should be unsealed regardless. I mean this is a very unusual circumstance where
a document like this would be sealed," Edwards said. "None of the other criminal defendants in
there (Judge Colbath's courtroom) had their plea bargains, plea agreements, their non-
prosecution agreements, sealed."
Edwards said his firm represents three women who claim they were procured for sex with Epstein
when they were underage. The three are outraged that the document is under wraps, Edwards said.
Deanna Shullman, the attorney representing the Post, said the public and the press have a
constitutional right of access to public records in Florida.
"Fortunately, the status quo is openness. So I think the judge has the idea that the initial
closure was done without any adherence to those procedures but was inclined to give Mr.
Epstein's lawyers additional time to prove that they should be sealed in accordance with these
procedures," Shullman said.
It's a little disappointing in that we would have liked to see the judge unseal the record
because that's what should be the status quo in a situation like this, Shullman said.
drogers
@pbdailynews. com
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Copyright 2009 Associated Newspapers Ltd.
All Rights Reserved
The Evening Standard (London)
December 24, 2009 Thursday
LENGTH: 824 words
HEADLINE: CITY SPY
BODY:
EXPECT more media firms to announce plans to charge for content online in early 2010. City Spy
hears that business-to-business publisher United Business Media is the latest outfit which is
thinking of ramping up its subscription model. Property Week and Building are among the titles
which recently started asking users to register their details to keep reading stories, which
is seen as a possible precursor to charging.
BUSINESSES TIPPED TO COME A CROPPER
AMID all the contradictory forecasts for recovery or double-dip recession in 2010, what do the
insolvency practitioners say? City Spy's mole in the bean-counting world says the last quarter
of 2009 was surprisingly quiet as the economy stabilised but they are not optimistic about the
new year: "We reckon there's going to be a rush of insolvencies in the second quarter, after
the end of the financial year." The next quarterly rent review is due tomorrow, Christmas Day,
then again at the end of March. But given the number of "seasonal sales" that started on the
High Street at least a week before Christmas, it would be no surprise to see some retailers
come a cropper sooner...
EPSTEIN PILOT TAKES TO THE ROAD
FURTHER news reaches City Spy of former Bear Stearns trader, Prince Andrew's shooting
companion and convicted sex offender, Jeffrey Epstein.
The ex-Wall Street star served 13 months in jail on criminal charges of soliciting
prostitution and procuring a minor for prostitution and he now faces civil claims from young
women accusing him of having unlawful sex with them. This week, City Spy recounted how Epstein
had transferred the title deeds of his prized 2003 Ferrari 575M Maranello to his private pilot
Larry Visoki, prior to the car going on sale for $159,000 (£99,000) (possibly to help Epstein
pay his legal bills). It turns out, the same Visoki was deposed last week by Bradley Edwards,
an attorney for three of the women suing Epstein. Questioned by Edwards about plane passengers
who might have witnessed Epstein in the company of young girls, Visoki admitted Bill Clinton,
Prince Andrew, former Israeli prime minister Ehud Barak, former Colombian president Andres
Pastrana Arango, Obama economic adviser Lawrence Summers, billionaire Ron Burkle, and actors
Kevin Spacey and Chris Tucker had been on board the plane while young girls were present.
Fortuitously for Epstein, however, Ferrari-selling Visoki swore on oath that he never
suspected his boss of having sex with them.
Of course not, Larry. Now drive off into the sunset.
More on Prince Andrew, our special representative for international trade and investment. The
European Parliament and the Organisation for Security and Co-operation in Europe have strongly
condemned Azerbaijan for tightening restrictions on the media and jailing two bloggers who
were critical of the government. It transpires the oil-rich country has long blocked BBC
broadcasts there, which might explain why oft-criticised Andrew and former Prime Minister Tony
Blair spend so much time visiting the sometime Soviet State.
What does the snow have in common with the recession? Every other country can get out of both
but Britain can't get out of either. HAPPY news: private jet travel is back, reports the Wall
Street Journal. Alas, there is a "but" [#x2039]
Page 2
CITY SPY The Evening Standard (London) December 24, 2009 Thursday
in-flight food remains in recession. Apparently, those who supply food to executive aircraft
are seeing demand soar after a slump, but says one caterer: "No one is eating lobster. A quick
turkey box lunch is the order of the day." Of course, that has nothing to do with the industry
being desperate to re-brand itself as time-saving and cost-efficient.
WHICH insurance broker saw a compliance officer pass out after the office Christmas lunch and
have to be taken to hospital?
WHO MADE OFF WITH THE MONEY? IT's a year since the Bernie Madoff affair blew up and the hedge
fund king was found to have been ripping off his clients. If he was in Britain the old fi-
audster would still be at liberty as lawyers pored over his case and the prosecution had
barely cranked into operation. But the US is different [#x2039] his case is done and dusted,
and he's languishing in jail. Even so, by US standards, the Madoff conviction was going some.
Rumours persist that he pleaded guilty as quickly as he did and said the absolute minimum
because he wasn't the main crook of the piece [#x2039] the main business of his hedge fund was
washing money for organised crime. As soon as the balloon went up and he was arrested, he was
warned by friends with Italian-American origins that his life, and the lives of his family,
would be at risk were he not to "take the rap".
OETaking the rap': hedge fund fraud Bernie Madoff
UNFORTUNATE name? City Spy's eye is drawn to a forthcoming lecture at the Institute of
Advanced Legal Studies, School of Advanced Study, University of London. Its in partnership
with the Market Abuse Association. What? Do they wear a club tie? Do they refer to each other
as fellow market abusers?
LOAD-DATE: December 24, 2009
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Copyright 2009 Palm Beach Post
Palm B each Daily News
September 20, 2009 Sunday
Dnl Edition
SECTION: A SECTION; Pg. A.1
LENGTH: 1126 words
HEADLINE: ATTORNEY FOR EPSTEIN VICTIMS: 1 HAVE NEVER SEEN A STRANGER CASE'
BYLINE: MICHELE DARGAN, MICHELE DARGAN, Daily News Staff Writer
BODY:
Sex offender Jeffrey Epstein could have been charged with multiple counts of five federal
offenses involving sex acts with minors and faced a life sentence, but, instead, the
government agreed not to prosecute him or his procurers if he spent 18 months in the county
jail on two state charges.
Those were the details unsealed Friday in a nine-page federal non- prosecution agreement that
lets Epstein and co-conspirators Sarah Kellen, Adriana Ross, Lesley Groff and Nadia Marcinkova
off the hook for any of those past crimes.
"He could have gone to prison for life and somehow he's getting immunity in exchange for
nothing?" said Fort Lauderdale attorney Brad Edwards, who represents three Epstein victims. "I
have never seen a stranger case. To me, its more spectacular what's not in it. Its the U.S.
Attorneys Office saying well do everything in our power to see he doesn't get punished."
Edwards has been fighting for a year in federal and state court to unseal the agreement.
"The non-prosecution agreement raises more questions than it answers," said Miami attorney
Adam Horowitz, who represents seven victims. "Why did all the co-conspirators receive immunity?
Why were the victims not consulted regarding the sentence? Why did he receive such a minimal
sentence?
The federal deal has remained sealed in Epstein's state court file since he pleaded guilty in
June 2008 to state charges of procuring a minor for prostitution and soliciting prostitution.
U.S. Attorneys Office does not comment
The federal charges he could have faced were: conspiracy to persuade minor females to engage
in prostitution, conspiracy to travel to engage in illicit sexual conduct with minor females,
persuading minor females to engage in prostitution, traveling to engage in illicit sexual
conduct with minor females and causing a person under 18 years to engage in sex for money
while knowing they are underage.
The charges carry various statutory penalities ranging from 10 years to life, with a minimum
mandatory of at least 10 years.
Alicia Valle, spokeswoman for the U.S. Attorneys Office in Miami, declined comment.
Expert: Feds take few sex-assault cases
Page 2
ATTORNEY FOR EPSTEIN VICTIMS: 1 HAVE NEVER SEEN A STRANGER CASE Palm Beach Daily News
September 20, 2009 Sunday
North Palm Beach criminal defense attorney Barry Maxwell said he is not surprised that federal
charges weren't filed.
"My experience has been that the federal government does not intervene in sex-assault cases,
except if were dealing with a serial rapist or it crosses jurisdictional lines," Maxwell said.
"Its either not a big enough case or not atrocious enough for them."
Epstein, 56, served 13 months of his 18-month sentence at the Palm Beach County Stockade and
received liberal work-release privileges while in jail. He was able to go to his West Palm
Beach office six days a week for up to 16 hours a day.
He is now serving one year of probation at his Palm Beach mansion and is registered as a
lifelong sex offender.
Epstein 'fully abided' by deal, says defense
Epstein's attorney Jack Goldberger released the following statement: "This document relates to
allegations that were made many years ago. It was by its provisions and agreement of the
parties to remain confidential in part to protect the identities of collateral third parties.
"Mr. Epstein has fully abided by all of its terms and conditions. He is looking forward to
putting this difficult period of his life behind him. He is continuing his longstanding
history of science philanthropy both here in South Florida and nationwide."
Goldberger had blocked the unsealing by filing court papers asking that the documents stay
sealed "to prevent a serious imminent threat to the fair, impartial and orderly administration
of justice; to protect a compelling government interest; to avoid substantial injury to
innocent third parties; and to avoid substantial injury to a party by disclosure of matters
protected by a common law and privacy right, not generally inherent in these specific type of
proceedings, sought to be closed."
Circuit Judge Jeffrey Colbath ordered the agreement to be unsealed in June, but Epstein's
attorneys appealed the ruling to the Fourth District Court of Appeals, which affirmed
Colbath's ruling. Colbath had ruled that the federal agreement -- sealed in state court -- was
improperly sealed.
'I felt it was my fault'
More than a dozen lawsuits against the billionaire money manager have been filed in federal
and state court, all with similar allegations: that a minor girl was taken to Epstein's
mansion on El Brillo Way and led upstairs to a spa room by one of Epstein's assistants, where
he would ask the girl to perform massages and/or various sex acts, for which he would pay her.
One victim, who is known as Jane Doe #5 in a federal court lawsuit against Epstein, said she
didn't find out about the deal until after it was finalized. She was 15 at the time one of her
schoolmates told her she could make $200 by giving a massage to a man in Palm Beach.
She says she was "nervous and scared and wanted to leave" once she got to Epstein's spa room.
"I thought, 1 can't call my dad or my mom because Pm stuck in this situation and didn't know
what to do," she said. "I really didn't know what this man was capable of For a long time, I
felt like it was my fault and that's exactly what he wanted me to feel."
Epstein has curfew
While he is serving the 12 months of house arrest at his Palm Beach home, Epstein must observe
a 10 p.m. to 6 a.m. curfew, have no unsupervised contact with anyone younger than 18 and not
view, own or possess pornographic or sexual materials.
The indictment followed an 11-month investigation by Palm Beach police, who said Epstein paid
five underage girls for massages and sometimes sex at his El Brillo Way home. Then-State
Attorney Barry Krischer declined to prosecute Epstein on multiple charges involving unlawful
sex acts with minors. Instead, he brought the case to a grand jury, which charged Epstein on
the lesser charge of soliciting prostitution.
Then-Palm Beach Police Chief Michael Reiter wrote Krischer a letter asking him to recuse
himself from the case. When that didn't happen, Reiter requested an FBI investigation to
determine if any federal laws were broken.
Page 3
ATTORNEY FOR EPSTEIN VICTIMS: 1 HAVE NEVER SEEN A STRANGER CASE Palm Beach Daily News
September 20, 2009 Sunday
'Out of the ordinary'
West Palm Beach criminal defense attorney Gregg Lerman said several aspects of the Epstein
case are unusual.
"I don't understand why it would be a federal case in this circumstance, and why was there
anything in writing at all and why did they seal the agreement?" Lerman said. "Why did it go
to the grand jury instead of through the state filing lewd assault charges? That's unusual.
And its very unusual that they structure a plea to get county time rather than prison time.
That's definitely out of the ordinary. Nobody goes to county jail as a state criminal
punishment."
mdargan
@pbdailynews.com
GRAPHIC: Caption: Epstein Deal does not allow prosecution of co- conspirators.
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