EPSTEIN
page 5 / 31 . OCR, unverified
Plaintiff to massage him and proceeded to sexually molest the then minor Plaintiff.
20. While confined in the bathroom with Defendant, Plaintiff was told by Defendant to
undress. Plaintiff was then told to massage Defendant while he lay there naked, but for a
small hand towel over his genitals.
21. During this nude massage, Defendant touched Plaintiffs breasts and stroked her vagina
with his fingers. Defendant masturbated during this naked massage while touching her
vagina.
22. Defendant then ejaculated into a towel. He then paid minor Plaintiff two hundred dollars,
and Plaintiff was escorted out of Defendant's mansion and left Defendant's property.
23. After this incident Defendant threatened Plaintiff "that if she told anyone what happened
at his house bad things could happen."
24. Over the course of the next several weeks a similar pattern of grooming continued and
the sexual exploitation progressively escalated. One ofDefendant's associations, Sarah
Kellen, approached the then minor Plaintiff.
While at the mansion Sarah Kellen led the
minor Plaintiff upstairs to Defendant's shower and massage room. Plaintiff was
instructed to massage Defendant. While Sarah Kellen was initially present she soon left
the then minor Plaintiff with the Defendant. Alone with the minor Plaintiff the
Defendant seized upon this opportunity to persuade Plaintiff to take off her shirt. Once
Defendant was able to exert influence over this minor Plaintiff he escalated his sexual
I
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(
exploitation, Without Plaintiffs consent the Defendant fondled her body parts including
)
her vagina and breasts. Defendant proceeded to abuse the then minor Plaintiff with a
vibrator, which he pushed onto her private parts. Defendant then penetrated the then
minor Plaintiffs vagina with his fingers. After Defendant completed his sexual battery
he paid the then minor Plaintiff and threatened her against telling any person, including
the police and her parents, of what had occurred.
25. After abusing the minor Plaintiff the Defendant or his associates would call the minor
Plaintiff at her home. If the then minor Plaintiff did not answer the Defendant would take
steps to find out where she was.· Throughout the length and past the physical conclusion
of Defendant's sexual exploitation of minor Plaintiff the Defendant and/or his associates
.would incessantly call Plaintiff. During some of these phone calls the Defendant or his
associates would harass Plaintiff to recruit other minor girls threatening Plaintiff she
would be in trouble if she did not.
. .In June 2008, after an investigation by the Palm Beach Police Department, the State
Attorney's Office, the Federal Bureau of Investigation, and the United States Attorney's
Office, Defendant entered pleas of" guilty" to one count of solicitation of prostitution, in
violation ofFla. Stat. § 796.07, and one count of solicitation of a minor to engage in
prostitution, in violation of Fla. Stat. § 796.03 in the Fifteenth Judicial Circuit iµ Palm
Beach County, Florida.
27. As a condition of that plea, Defendant entered into a Non-Prosecution Agreement,
Addendum, and Affirmation (collectively, the "NPA") with the United States Attorney's
Office for the Southern District ofFfurida on September 24, 2007, October 29; 2007, and
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December 7, 2007, respectively. In so doing, Defendant acknowledged that Plaintiff was
one of his victims and agreed to the following provisions of the NPA:
8. If any of the [acknowledged victims] elects to file suit pursuant to 18 U.S.C. §2255, Epstein
will not contest the jurisdiction of the United States District Court for the Southern District of
Florida over his person and/or the subject matter, and Epstein waives his right to contest liability
and also waives his right to contest damages up to an amount agreed to between the identified
individual and Epstein, so long as the identified individual eJects to proceed exclusively under 18
U.S.C. §2255, and agrees to waive any other claim for damages, whether pursuant to state, federal
or common law.
10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. §2255, as set
forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any
resulting waivers or settlements by Epstein are to be construed as admissions of evidence or
evidence of civil or criminal liability or a waive of any jurisdictional or other defense as to any
person, whether or not her name appears on the list provided by the United States ( emphasis
added).
28. Plaintiff was among the individuals identified by the United States Attorney's Office as
victims of Defendant upon whose testimony it intended to base its federal prosecution of
Defendant for his illegal conduct. Consequently, Defendant is estopped by his state Court