EFTA00181217

A81 
handwritten Notations on Court Jacket - Jeffrey Epstein, No. 30129-2010 
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EFTA00181277

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SORA HEARING 
page 2 
COURT CLERK: This is number two on the calendar, 
matter of Jeffrey Epstein. 
Your appearances please. 
MS. GAFFNEY: 
for the People. 
Good afternoon, Your Honor. 
MR. LEFKOWITZ: Jay Lefkowitz and Sandra Musumeci 
for Mr. Epstein. 
THE COURT: Mr. Epstein is not here. 
MR. LEFKOWITZ: That's correct. 
THE COURT: Are you waiving his appearance? 
MR. LEMOdOWITZ: Yes. 
MS. GAFFNEY: Your Honor, this case is on for a 
SORA hearing this afternoon. 
The People did receive the board's recommendation 
of a Level Three. However, we received the underlying 
information from them and also had some contact with 
Florida, and we don't believe that we can rely on the entire 
probable cause affidavit. 
I don't know if the board sent that to you as 
well. 
THE COURT: I don't know why you cannot rely on 
it. 
MS. GAFFNEY: Because in Florida of all of the 
victims in that probable cause affidavit, they actually only 
went forward on one case. There was only an indictment for 
Vikki J. Benkei 
Senior Court Reporter 
EFTA00181278

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A85 
SORA HEARING 
page 4 
year old, he was an adult obviously, he was a Marine, a 17 
year old came up to him and one thing lead to another and he 
had sex with her and the People would not agree to a 
downward modification on that. 
So I am a little overwhelmed here because I see --
I mean I read everything here, I am just a little 
overwhelmed that the People are making this application. 
I could cite many many, I have done many SORAs 
much less troubling than this one where the People would 
never make a downward argument like this. 
MS. GAFFNEY: I agree with Your Honor, it is 
incredibly unusual for us to make a downward argument. But 
the problem is the one thing that we have from the board is 
it seems to be in contradiction to their own guidelines 
which if something was not indicted, you are not supposed to 
rely on it. 
THE COURT: They obviously took that into 
consideration. 
MS. GAFFNEY: And I tried to reach -- I reached 
the authorities in Florida to try to see if they had all the 
interview notes or other things that we can then 
subsequently rely on that might be considered clear and • 
convincing evidence, if they had interviewed these women on 
their own, and they never did. No one was cooperative and 
they did not go forward on any of the cases and none of them 
Vikki J. Benkel 
Senior Court Reporter 
EFTA00181279

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SORA HEARING 
Even though the first prosecutor left, presumably the 
prosecutor's office has the file. 
THE COURT: I would still call the prosecutor. 
MS. GAFFNEY: Anything from these women they would 
have forwarded it to us. 
THE COURT: I don't know that, I think you have to 
speak to the prosecutor. 
But be that as it may, I hear your argument. 
Anything else? 
MS. GAFFNEY: I mean that is why I don't think we 
can, I don't think we are entitled to rely on this because 
they did not go forward. 
THE COURT: The board made a recommendation. 
MS. GAFNEY: Correct. 
MS. MUSUMECI: May I speak, Your Honor? 
THE COURT: Yes. 
MS. MUSUMECI: Good afternoon. 
I would like to bring a few additional points to 
Your Honor's attention that don't come across in the board 
recommendation. 
The first is that Mr. Epstein is not a resident of 
New York, unlike most of these out of state, he has not 
changed his address and moved to New York, he maintains a 
vacation home in New, York. His primary residence is the 
U.S. Virgin Islands. 
page 6P 
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Vikki J. Bunke! 
Senior Court Reporter 
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SORA HEARING 
page 8 
more than seven days or at least he has not since he has 
been registered. He has no intention to ever be here for 
longer than a period of ten days. 
Like I said, he does notify the authorities when 
he is here. He fully understands the reason for voluntary 
registration, he wants to be compliant with the Federal SORA 
law which requires wherever you own a property to register. 
To require Mr. Epstein to register as a Level 
Three offender in New York would actually require him to 
come to New York more than he does normally, it would 
require him to come every 90 days and renew his 
registration. 
He is very diligent in registering with New York 
authorities. 
All of the other jurisdictions that have 
considered his case have determined that he either not 
register at all or register at the lowest level, and he has 
been more than compliant with all of those requirements. 
Your Honor, we would join in the prosecutor's 
application. 
THE COURT: I am sure you would. 
MS. MUSUMECI: By way of background, we have been 
in contact with the prosecutor's office on this matter since 
I believe certainly since Mr. Epstein got his notification, 
which I believe was in August. We have met with the 
Vlkki J. Henkel 
Senior Court Reporter 
EFTA00181281

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SORA HEARING 
page 10 
Mr. Epstein plead to two charges, one was an 
indictment which is an offense that is not registrable, it 
is a Florida indictment for --
THE COURT: Then why does he have to register 
here? 
MS. MUSUMECI: It was a second offense that he 
plead to --
THE COURT: That is registrable. 
MS. MUSUMECI: That is registrable. 
That offense was by information and that is the 
only registrable offense, that is what the DA's office is 
considering in doing their scoring. 
The indictment which was the only case that the 
prosecutor even prosecuted through grand jury is not even a 
registrable offense. 
THE COURT: He plead guilty to a registrable 
offense. 
MS. MUSUMECI: Yes. 
THE COURT: What did he plead guilty to? 
MS. GAFFNEY: He plead guilty to the procuring a 
person under 18 for prostitution. 
THE COURT: Procuring a person under 18 for 
prostitution. 
MS. GAFFNEY: Right. 
THE COURT: Haw old was she? 
Kai J. Benkel 
Senior Cowl Reporter 
EFTA00181282

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A93 
SORA HEARING 
page 12 
consensual intercourse with him and 17 is not registrable or 
criminal under New York law. 
And the prostitution aspect of having intercourse 
with a 17 year old is not registrable conduct. 
THE COURT: Why does he have to register here? 
MS. GAFFNEY: Because it is a register able 
offense in Florida, New York State board of examiners --
THE COURT: Recognizes it. 
MS. GAFFNEY: Recognizes it, yes. 
THE COURT: I have had many cases like that where 
it was not registrable here but it was in the state where 
the person came from and New York recognized that. 
MS. MUSUMECI: Your Honor, we are not saying that 
he should not register. Mr. Epstein has already registered 
and recognizes his duty to register. 
THE COURT: I am glad of that, very glad of that. 
I am sorry he may have to come here every 90 days. 
He can give up his New York home if he does not 
want to come every 90 days. 
Anything else? 
I rely on the board. 
MS. MUSUMECI: Your Honor, we would reserve our 
right to appeal Your Honor's ruling. 
THE COURT: Of course, do so. 
MS. GAFFNEY: For the record, Your Honor, he is 
Vikki J. Benkel 
Senior Court Reporter 
EFTA00181283

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