EFTA00231917

20 
1 
regularly congregate? 
2 
MS. BELOHLAVEK: I personally do not 
3 
know. 
4 
THE COURT: Neither do I, which is 
5 
why I'm asking. Has that been 
6 
investigated? 
7 
MR. GOLDBERGER: We have done our due 
8 
diligence, for what it's worth, there is a 
9 
residential street. There are not children 
10 
congregating on that street. We think the 
11 
address applies, if it doesn't, we fully 
12 
recognize that he can't live there. 
13 
THE COURT: Okay. D is, you shall 
14 
not have any contact with the victim, are 
15 
there more than one victim? 
16 
MS. BELOHLAVEK: There's several. 
17 
THE COURT: Several, all of the 
18 
victims. So this should be plural. I'm 
19 
making that plural. You are not to have 
20 
any contact direct or indirect, and in this 
21 
day and age I find it necessary to go over 
22 
exactly what we mean by indirect. By 
23 
indirect, we mean no text messages, no 
24 
e-mail, no Face Book, no My Space, no 
25 
telephone calls, no voice mails, no 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232357

21 
1 
2 
3 
4 
6 
7 
8 
9 
10 
11 
12 
messages through carrier pigeon, no 
messages through third—parties, no—hey 
would you tell so and so for me, no having 
a friend, acquaintance or stranger approach 
any of these victims with a message of any 
sort from you, is that clear? 
THE DEPENDANT: Yes, ma'am 
THE COURT: And then it states, 
unless approved by the victim, the 
therapist and the sentencing court. Okay. 
THE DEFENDANT: I understand. 
THE COURT: And the sentencing court. 
13 
So, if there is a desire which, I would 
14 
think would be a bit strange to have 
15 
contact with any of the victims the court 
16 
must approve it. 
17 
MS. BELOHLAVEK: Correct. 
1.8 
19 
20 
THE COURT: If the victim was under 
the age of 18, which was the case, you 
shall not until you have successfully 
21 
attended and completed the sex offender 
22 
program. So, is this sex offender program 
23 
becoming a condition of probation? 
24 
MS. BELOHLAVEK: That is not. I 
25 
don't believe I circled that one. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232358

22 
1 
THE COURT: You did. 
 
MR7—GOLDBERGERT--That s a mi-TCURV- 15h 
3 
our part. Actually the statute that he is 
4 
pleading guilty to does not require the 
5 
THE COURT: I understand that, but 
6 
you circled it. 
7 
MS. BELOHLAVEK: I apologize, that 
8 
one is not. He has already been in 
9 
treatment with a private psychiatrist. 
10 
THE COURT: Which you find to be an 
11 
adequate substitute for sex offender 
12 
program? 
13 
MS. BELOHLAVEK: I -- it is not 
14 
required and based upon the evaluation and 
15 
my contact with that doctor, I don't 
16 
believe it's necessary at this point. 
17 
THE COURT: Has that been -- I assume 
18 
you have a law degree and do not have a 
19 
Ph.D in a psychology or II in psychiatry? 
20 
MS. BELOHLAVEK: That is correct, I 
21 
don't. 
22 
THE COURT: So it is just your 
23 
judgement --
24 
MS. BELOHLAVEK: Correct. 
25 
THE COURT: -- that his treatment 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232359

23 
1 
with some fancy private psychiatrist or 
2- 
psychologist—in his—case—rs—ckey9 
3 
MS. BELOHLAVEK: That is correct. 
4 
THE COURT: So you are not imposing 
5 
E? 
6 
MS. BELOHLAVEK: Correct. 
7 
THE COURT: F, if the victim was 
8 
under the age of 18, you shall not work or 
9 
play or as a volunteer in any school, day 
10 
care center, park, play ground or other 
11 
12 
place where children regularly congregate, 
is that understood? 
13 
THE DEFENDANT: Yes, ma'am. 
14 
THE COURT: Children will be defined 
15 
as anyone under the age of 18. There are a 
16 
lot of places where children regularly 
17 
congregate. What kind of.work do you do? 
18 
THE DEFENDANT: Banking. 
19 
THE COURT: Here in Palm Beach
20 
County? 
21 
THE DEFENDANT: Virgin Islands, 
22 
ma'am. 
23 
THE COURT: You understand you will 
24 
not travel from Palm Beach County for the 
25 
duration of this? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232360

24 • 
1 
THE DEFENDANT: Yes, ma'am. 
2 
MR. GOIMB1 (2ER. 
your Honor, I'm 
3 
sorry to interrupt, we do cover the 
4 
employment later in the agreement as to 
6 
7 
8 
9 
10 
11 
12 
what he is going to be doing during the one 
year that he is on community control. 
THE COURT: Okay. And let me --
condition G, which is circled, unless 
otherwise indicated in the treatment plan 
provided by sexual offender treatment 
program. 
MR. GOLDBERGER: That's not in there. 
13 
THE COURT: Is that what you want? 
14 
MS. BELOHLAVEK: No. 
15 
THE COURT: But you do want the, you 
16 
will not view, own or possess any obscene 
17 
pornographic --
18 
MS. BELOHLAVEK: Correct. 
19 
THE COURT: Okay. But are you saying 
20 
that this therapist can okay him to own 
21 
certain pornographic material? 
22 
MS. BELOHLAVEK: No, not at all. 
23 
MR. GOLDBERGER: No, Your Honor. 
24 
THE COURT: Would be really helpful 
25 
if people read these things before they 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232361

25 
1 
signed them thoroughly. 
2 
magra-utherwIlmr-mrmarerrff-rme----------
3 
treatment plan. I'm just going to strike 
4 
out, provided by the sexual offender 
5 
treatment program. Is that what you 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
intend, that his therapist can 
MS. BELOHLAVEK: No. 
THE COURT: No? 
MS. BELOHLAVEK: No. 
THE COURT: Unless otherwise 
indicated. 
MR. GOLDBERGER: The parties have 
agreed that during the period that he is --
cannot be --
THE COURT: Condition G Swill now 
read, you shall not view, own, possess any 
17 
obscene, pornographic or sexually 
18 
stimulating visual or auditory material 
19 
including telephonic, electronic media, 
20 
computer program or computer services that 
21 
are relevant to your deviant behavior 
22 
pattern. And who is going to enforce that? 
23 
MS. BELOHLAVEK: The community 
24 
'control officer. 
25 
THE COURT: How? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232362

26 
1 
MS. BELOHLAVEK: They have the 
2 
onliWion and—rireluded in
 tor 
3 
warrantless search to check at any time his 
4 
home, his computer, anything he has contact 
5 
with. 
6 
THE COURT: And do they regularly do 
7 
that?.
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
PROBATION OFFICER: Yes, ma'am. 
THE COURT: Since we have the 
pleasure of having someone from the 
Department of Corrections here. 
Okay. H, you shall submit two 
specimens of blood to the Florida 
Department of Law Enforcement to be 
registered in the DNA data bank. 
J, you shall submit to a 
warrantless search by your probation 
18 
officer or community control officer of 
19 
your person, residence or vehicle. 
20 
G -- where is the G? 
21 
MS. BELOHLAVEK: That was under the 
22 
original part, not under the sex offender 
23 
one. 
24 
THE COURT: Okay. Defendant to have 
25 
contact with the community control officer 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232363

27 
1 
at a minimum one time a week. 
2 
DeZendant-to.,...mozk-at_Eloxida 
3 
Science Foundation, 250 Australian Avenue, 
4 
5 
6 
West Palm Beach, Florida. Is that 
volunteer work or work for pay? 
MR. GOLDBERGER: It is a 501C 
7 
corporation that he has formed, Your Honor, 
8 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
that will be doing charitable work. 
THE COURT: That he has formed? 
MR. GOLDBERGER: Yes. 
THE COURT: What exactly is Florida 
Science Foundation? 
MR. GOLDBERGER: Do you want to 
explain? 
THE DEFENDANT: It funds science 
programs around the state and the country. 
THE COURT: How long has it been in 
existence? 
THE DEFENDANT: Fifteen years. 
THE COURT: How many programs has it 
funded? 
THE DEFENDANT: Numerous, more than 
23 
50. 
24 
THE COURT: What is your position 
25 
with the organization? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232364

28 
1 
THE DEFENDANT: President. 
 THS--e6URIL-. 
Is—there—a board o-f--
3 
directors? 
4 
THE DEFENDANT: Yes, ma'am. 
5 
THE COURT: Who's on the board of 
6 
directors? 
7 
THE DEFENDANT: Two attorneys. 
8 
THE COURT: What exactly do you do? 
9 
THE DEFENDANT: I'm an investment 
10 
banker but my --
11 
THE COURT: No, no, I mean with the 
12 
science foundation. 
13 
THE DEFENDANT: We fund 
14 
science programs --
15 
THE COURT: I don't want to know what 
16 
we do, I want to know what you do. How 
17 
often are you there? 
18 
THE DEFENDANT: I'm there every day, 
19 
I research, I take in people who want to 
20 
make presentations about why they need 
21 
money for funding medical research, 
22 
advanced science research. My background 
23 
is in physics. I go through all the 
24 
programs in detail, review the science work 
25 
potentials, I follow through on a daily 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232365

• 
29 
1 
basis with what they have been given money 
2 
Lo—d-u 
3 
THE COURT: Who are some recent 
4 
grantees? 
5 
THE DEFENDANT: Harvard University. 
6 
There is a full program of Evolutionary 
7 
Dynamics, Neuro Science Institute of 
8 
California, the Physics Institute, MIT. 
9 
THE COURT: Do you ever have occasion 
10 
to deal with anyone under the age of 
11 
eighteen? 
12 
THE DEFENDANT: Not very often. It 
13 
is, if someone is in college -- sorry. 
14 
THE COURT: Right, that's why I'm 
15 
asking the question. 
16 
THE DEFENDANT: Most of the people I 
17 
fund are all usually professors. 
18 
THE COURT: Thank you. You 
19 
understand that you can't have contact with 
20 
anyone if --.this organization, do they 
21 
ever have any involvement with high 
22 
schools? 
23 
THE DEFENDANT: No, ma'am. 
24 
THE COURT: Students or teachers? 
25 
THE DEFENDANT: No, ma'am. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232366

30 
1 
THE COURT: Okay. 
2 
MS. BELOHLAVEK: TM-de are 
3 
duplicates, you will see those are the same 
4 
as the ones on the previous page, however, 
5 
it was reproduced. 
6 
THE COURT: The next condition, you 
7 
shall maintain a driving log. You shall 
8 
not drive a motor vehicle while alone 
without prior approval of your supervising 
10 
officer. 
11 
If there was sexual contact, you 
12 
shall submit to at probationer's or.
13 
community controllee's expense an HIV test 
14 
with results to be released to the victims, 
15 
victim's parent or guardian -- will be 
16 
victims, plural. Has that been done? 
17 
MR. GOLDBERGER: Not yet. 
18 
THE COURT: Do we have a time frame 
19 
on that? I would think ASAP might be good 
20 
on something like that. 
21 
MS. BELOHLAVEK: I believe they can 
22 
actually do that at the jail. 
23 
THE COURT: At his expense? 
24 
MS. BELOHLAVEK: Yes. 
25 
THE COURT: I would request that that 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232367

31 
1 
be done within 48 hours? 
2 
You shall not obtain or use a post 
3 
office box without prior approval of the 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
supervising officer. 
Okay. Are all those conditions 
you two have agreed to? 
MS. BELOHLAVEK: Yes, Your Honor. 
MR. GOLDBERGER: 
With the court's 
amendments, yes. 
THE COURT: Mr. Epstein, do you 
understand? 
THE DEFENDANT: Yes, ma'am. 
THE COURT: I need the defendant to 
sign number D where I had an a added to 
victim, and G, we struck out the otherwise 
indicated language. Otherwise, it is as 
you agreed. 
Mr. Epstein, do you understand 
19 
this is a somewhat complicated terms of the 
20 
plea that you've agreed to? 
21 
THE DEFENDANT: Yes, ma'am 
22 
THE COURT: Do you have any questions 
23 
about the terms of the plea? 
24 
THE DEFENDANT: No. 
25 
THE COURT: Can I ask the State why 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232368

32 
1 
you choose -- or defense and the State 
c-
2 
together, wffy—tWW1ve monthW—in the Palm 
3 
Beach County jail followed by six months? 
4 
Why not just send him to DOC? 
S 
MR. GOLDBERGER: It was the agreement 
6 
of the parties, Your Honor. .We just 
7 
decided that was the best way to accomplish 
8 
what needed to be done here and the parties 
9 
agreed that that sentence satisfied 
10 
everyone's requirements. 
11 
THE COURT: The taxpayers of Palm 
12 
Beach County is going to pay 18 months to 
13 
house this guy instead of DOC? 
14 
MS. BELOHLAVEK: Right. 
15 
THE COURT: You understand we're 
16 
losing posit-ions left and right in county 
17 
government because we haven't got enough 
18 
money but you want -- okay. 
19 
His requirement to register there 
20 
is many, many -- there is nine pages 
21 
outlining the sexual offender's requirement 
22 
to register with the department and 
23 
penalty, have you read all those, 
24 
Mr. Epstein? 
25 
THE DEFENDANT: Yes, ma'am. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232369

33 
1 
THE COURT: Do you understand you 
2 
will be required to register and this will 
3 
4 
S 
6 
7 
9 
be an ongoing life long obligation? 
THE DEFENDANT: Yes, ma'am. 
THE COURT: And this registration 
occurs when? 
MS. BELOHLAVEK: Within 48-hours of 
release. 
THE COURT: So when he gets out of 
10 
the Palm Beach County jail, he needs to 
11 
register? Okay. And the department 
who 
12 
is going to provide him with the form? 
13 
MR. GOLDBERGER: He actually 
\_) 
14 
registers out at the Sheriff's Office, Your 
15 
Honor, we can do it out there. 
16 
THE COURT: Okay. It has been 
17 
brought to my attention that FDLE is the 
18 
one who is statutorily required to handle. 
19 
these registrations but some of our 
20 
municipal jurisdictions have taken it upon 
21 
themselves to impose additional 
22 
requirements, y'all understand that? 
23 
24 
25 
MS. BELOHLAVEK: Correct. 
MR. GOLDBERGER: Right. 
THE COURT: What you are telling him 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232370

34 
1 
he has to do is the official State of 
2 
Florida regis 
ZUN? 
3 
MS. BELOHLAVEK: Correct. 
4 
THE COURT: Mr. Epstein, I need to 
5 
make sure you understand that that's what's 
6 
required by this plea, Anyone on 
7 
probation, community control is required to 
8 
live and abide by the laws. So if a 
9 
jurisdiction you choose to reside in should' 
10 
have some additional municipal requirements 
11 
you will be required in order to comply 
12 
with the law of living there, just like you 
13 
can't get a parking ticket or speeding 
14 
ticket, to comply with those regulations 
15 
but I want to make sure you understand 
• 
16 
because I have seen some defendants who 
17 
have been confused about this. If. you 
18 
don't, for example, if the Town of Palm 
19 
Beach has you register that does not take 
20 
care of your requirement. Your requirement 
21 
to register with FDLE through the Sheriff's 
22 
office is separate, distinct and must be 
23 
done on their form according to their 
24 
schedule. 
25 
THE DEFENDANT: Yes, ma'am. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232371

35 
1 
THE COURT: And if my experience the 
2 
'—
lam - fo
 fer-drf any va ue, they are 
3 
very serious about enforcing this. They 
4 
will be tracking you for the rest of your 
life. Do not move. Do not go -- I don't 
6 
care when you are done with community 
7 
control, they need to know exactly where 
8 
you are and if you go anywhere without 
9 
registering; they will find and you will be 
10 
locked up. 
11 
THE DEFENDANT: Yes, ma'am. 
12 
THE COURT: Okay. Any questions 
13 
about that? 
14 
THE DEFENDANT: No, ma'am. 
15 
THE COURT: Did you read the plea in 
16 
the circuit court form that describes all 
17 
the rights you are giving up by entering 
18 
this plea? 
19 
THE DEFENDANT: Yes, ma'am. 
20 
THE COURT: I'think I asked you 
21 
before, can you read? 
22 
THE DEFENDANT: Yes. 
23 
THE COURT: Are you under the 
24 
influence of alcohol, drugs.or medication 
25 
today? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232372

36 
n
1 
2 
3 
4 
THE DEFENDANT: No, ma'am. 
 
THE COURT: NDTMAlly—CWRing any 
prescribed medication? 
THE DEFENDANT: Only for cholesterol. 
5 
THE COURT: Does that interfere with 
6 
your mental ability? 
7 
THE DEFENDANT: No. 
8 
THE COURT: Do you understand you 
9 
have an attorney, you have a right to trial 
10 
by jury, there is not going to be a jury 
11 
trial. There won't be witnesses called. 
12 
That your attorney and you would have a 
13 
14 
15 
16 
right to confront and cross examine, do you 
understand you have a right to call 
witnesses of your own and the court would 
issue subpoenas to compel their attendance 
17 
just like any other witness called by the 
18 
State, that you have the right. -- absolute 
19 
right to remain silent and that you would 
20 
not have to say or do anything at the trial 
21 
if there were a trial, do you understand 
22 
those rights? 
23 
THE DEFENDANT: Yes, ma'am. 
24 
THE COURT: Do you understand if you 
25 
are not a United States citizen your plea 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232373

37 
( 
1 
could subject you to deportation pursuant 
) 
2 
to tne laws and er gulations governing the 
3 
United States Immigration and 
4 
Naturalization Service and this court has 
5 
no jurisdiction or authority in such 
6 
matters, do you understand that? 
7 
THE DEFENDANT: Yes. 
8 
THE COURT: Has anybody threatened 
9 
you, coerced you or promised you anything 
1.0 
other than the terms of this plea to get 
11 
you to enter this plea? 
12 
THE DEFENDANT: No. 
13 
THE COURT: Do you understand this is 
14 
a plea in criminal court? 
15 
THE DEFENDANT: Yes, ma'am. 
16 
THE COURT: This has -- in criminal 
17 
court in Palm Beach County, State of 
18 
Florida. I have absolutely nothing to do 
19 
with any civil matters or matters in any 
20 
other jurisdiction, do you understand that? 
21 
THE DEFENDANT: Yes, ma'am. 
22 
THE COURT: Is this plea in any way 
23 
tied to any promises or representations by 
24 
any civil attorneys or other jurisdictions? 
25 
MR. GOLDBERGER: May we come sidebar 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232374

38 
1 
on that, Your Honor? 
2 
THE—COURT7--Tt is—Tui 12- tv 
3 
recorded. 
4 
MR. GOLDBERGER: That's fine. 
5 
THE COURT: Defendant needs to 
6 
approach as well. 
7 
(Whereupon, there was a conference at 
8 
the bench.) 
9 
MR. GOLDBERGER: The reason why I 
10 
asked to come sidebar, there is a 
11 
nonprosecution agreement with the United 
12 
States Attorney's office that triggers as a 
13 
result of this plea agreement. In other 
14 
words, they have signed off and said they 
15 
will not prosecute Mr. Epstein in the 
16 
Southern District of Florida for any 
17 
offense upon his successful taking of this 
18 
plea today. That is a confidential 
19 
document that the parties have agreed to. 
20 
Just in an abundance of caution, I wanted 
21 
to tell the court. 
22 
THE COURT: I understand, that would 
23 
also be invalidated should he violate his 
24 
community control? 
25 
MR. GOLDBERGER: Absolutely. That 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232375

39 
1 
nonprosecution agreement --
rlfgralTrAVE/Crhey sperl—all that 
3 
out. 
4 
THE COURT: Mr. Epstein needs to come 
closer. 
6 
Mr. Epstein, your attorney has 
7 
told me that in addition to everything, we 
8 
talked about another Inducement, shall we 
9 
say, to your taking this plea is that the 
10 
U.S. Attorney for the Southern District of 
11 
the State of Florida, federal prosecutor, 
12 
has agreed to a nonprosecution agreement 
13 
with you, meaning that if you successfully 
14 
complete probation and do everything you're 
15 
supposed to, they have, have agreed not to 
16 
prosecute you federally, did you understand 
17 
that? 
18 
THE DEFENDANT: Yes, ma'am. 
19 
THE COURT: And I would view that as 
20 
a significant inducement in accepting this 
21 
plea. 
22 
MS. BELOHLAVEK: They are actually in 
23 
court here today, also. 
24 
THE COURT: Okay. 
25 
MR. GOLDBERGER: And the plea 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232376