EPSTEIN
page 4 / 36 . OCR, unverified
means of interstate and/or foreign commerce. On one occasion, Defendant manipulated the
minor Plaintiff to pose nude for him and photographed her using several rolls of film. One or
Podhurst Orseck, P.A.
West Flagler Street, Suite 800, Miami, FL 33130, Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346
www.podhurst.com
Case 9:10-cv-80309-KAM Document 1 Entered on FLSD Docket 03/09/2010 Page 8 of 19
more of those nude photographs of Plaintiff that were taken by the Defendant when she was a
minor were confiscated by the Palm Beach Police Department during its execution of a search
warrant of Defendant's Palm Beach mansion on October 20, 2005.
22.
Defendant was particularly skillful at discerning his minor victims' respective
hopes, dreams, and ambitions. As he did with many of his victims, Defendant lured Plaintiff
early-on with modeling opportunities, impressing her with his modeling business and contacts
with supermodels, indicating that he could help her with a modeling career.
23.
Knowing that the minor Plaintiff was an excellent student and desired to attend
New York University or Columbia University, Defendant pretended to show great interest in her
college admission, and offered to help her with her applications and to assist her with her
tuition. Defendant had told Plaintiff of his substantial connections within the academic
community, a matter about which he often bragged. Defendant took it upon himself to take
control of Plaintiff's college application process and led Plaintiff to believe that he was sincere
about helping her. Even though she had earned a Bright Futures Scholarship to the Florida
college of her choice, Defendant insisted that she would not need it, and that, with his
involvement, she would be admitted into one or both of the universities in New York. As a
result of Defendant's manipulation, Plaintiff did not apply timely for the Bright Futures
Scholarship or to any college, and therefore missed the fall semester of her freshman year. When
the Palm Beach Police Department executed the search warrant on Defend.m1t's mansion, among
the artifacts found and confiscated were Plaintiff's high school transcript.
24.
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
Podhurst Orseck, P.A.
West Flagler Street, Suite 800, Miami, FL 33130, Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346
www.podhurslcom
Case 9:10-cv-80309-KAM Document 1 Entered on FLSD Docket 03/09/2010 Page 9 of 19
violation of Fla. 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 in Palm Beach County, Florida.
25.
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 of Florida on September 24, 2007, October 29, 2007, and December 7,
2007, respectively. In so doing, Defendant acknowledged that Plaintiff was one of his victims
and agreed to the following provisions of the NP A :
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 elects 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
US.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).
26.
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 plea
and the Non-Prosecution Agreement from denying the acts alleged in this Complaint and must
effectively admit liability to Plaintiff, Jane Doe No. 103.
COUNT ONE
Podhurst Orseck, P.A.
West Flagler Street, Suite 800, Miami, FL 33130, Miami 305.358.2800 Fax 305.358.2382 • Fort Lauderdale 954.463.4346