EPSTEIN
page 6 / 36 . OCR, unverified
attorney's fees, costs of suit, and such other further relief as this Court deems just and proper,
and hereby demands trial by jury on all issues triable as of right by a jury.
COUNT THREE
(Cause of Action for Sexual Exploitation of Children pursuant to 18 U.S.C. § 2255 in
Violation of 18 U.S.C. § 2251)
35.
Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the
allegations contained in paragraphs 1 through 26 above.
36.
Defendant knowingly persuaded, induced, enticed, or coeH:ed the then minor
Plaintiff to engage in sexually explicit conduct for the purpose of producing a visual depiction of
such conduct, in violation of 18 U .S.C. § 2251.
37.
Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255,
and, as such, asserts a cause of action against Defendant pursuant to this Section of the United
States Code.
38.
As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255
being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered,
and will in the future continue to suffer, physical injury, pain and suffering, emotional distress,
psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment,
loss of educational opportunities, loss of self-esteem, loss of dignity, invaswn of her privacy,
separation from her family, and other damages associated with Defendant's manipulating and
luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical
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 13 of 19
and psychological expenses, and Plaintiff will in the future incur additional medical and
psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to eam
income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in
nature, and Plaintiff will continue to suffer these losses in the future.
WHEREFORE, Plaintiff demands judgment against Defendant for all damages available
under 18 U.S.C. § 2255, including, without limitation, actual and corr,pensatory damages,
attorney's fees, costs of suit, and such other further relief as this Court deems just and proper,
and hereby demands trial by jury on all issues triable as ofright by a jury.
COUNT FOUR
(Cause of Action for Transport of Visual Depiction of Minor Engaging in Sexually Explicit
Conduct pursuant to 18 U.S.C. § 2255 in Violation of 18 U.S.C. § 2252(a)(l))
39.
Plaintiff hereby adopts, repeats, realleges, and incorporates by reference the
allegations contained in paragraphs 1 through 26 above.
40.
Defendant knowingly mailed, transported, shipped, or sent via computer and/or
facsimile in or affecting interstate and/or foreign commerce at least one visual depiction of the
minor Plaintiff engaging in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(l).
41.
Defendant transported lewd photographs of Plaintiff and oth :::r victims elsewhere
using a facility or means of interstate and/or foreign commerce.
42.
Plaintiff was a victim of one or more offenses enumerated in 18 U.S.C. § 2255,
and, as such, asserts a cause of action against Defendant pursuant to this Section of the United
States Code.
43.
As a direct and proximate result of the offenses enumerated in 18 U.S.C. § 2255
being committed against the then minor Plaintiff by Defendant, Plaintiff has in the past suffered,
and will in the future continue to suffer, physical injury, pain and suffering, emotional distress,
psychological and/or psychiatric trauma, mental anguish, humiliation, confusion, embarrassment,
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.corn
Case 9:10-cv-80309-KAM Document 1 Entered on FLSD Docket 03/09/2010 Page 14 of 19
loss of educational opportunities, loss of self-esteem, loss of dignity, invasion of her privacy,
separation from her family, and other damages associated with Defendant's manipulating and
luring her into a perverse and unhealthy way of life. The then minor Plaintiff incurred medical
and psychological expenses, and Plaintiff will in the future incur additional medical and
psychological expenses. Plaintiff has suffered a loss of income, a loss of the capacity to earn
income in the future, and a loss of the capacity to enjoy life. These injuries are permanent in
nature, and Plaintiff will continue to suffer these losses in the future.
WHEREFORE, Plaintiff demands judgment against Defendant for all damages available
under 18 U.S.C. § 2255, including, without limitation, actual and compensatory damages,
attorney's fees, costs of suit, and such other further relief as this Court deems just and proper,