EFTA00231917

A71 
Letter from Supreme Court to Counsel Informing of SORA Level Determination Hearing 
(with attachments), dated August 26, 2010 
[pp. A71-A76] 
Supreme gaud 
of fire 
Skits of pay VA 
100 CENTRE STREET 
NEW YOR1C, N.Y. 10013 
August 26. 2010 
Defense Attorney 
1813 To Be Assigned 
Ms. Inn-Young Park 
NYC District Attorneys Office 
1 Hogan Place. Room 831 
New York. N.Y. 10013 
Re: Jeffrey Epstein 
SOD if 30129-2010 
Dear Sir/Madam: 
The above named defendant is scheduled for a Sex Offender Risk Level Determination before the lion. 
Ruth Pickholz in part 66 on September 15, 2010 at 9:30 a.m. The defendant has been notified under 
separate cover of this hearing and forwarded a copy of the Board of Examiners recommendation. 
advised of his/her right to appear. advised of the name and address of the attorney assigned to 
represent him or that one is being assigned. risk level guidelines, and of his right to Ivaive his 
appearance. 
Enclosed please find a copy or the Board of Ixaminers recommendation. 
t.aiy 
Mary A. Price. CC'S 
Supreme Court - Criminal 'Fenn 
New York County 
enc. 
EFTA00232637

Offender Name: 
JEFFREY E EPSTEIN 
NYS1D 
OS 1909 
1ST Reviewer Initials: 
le following is the Board of Examiners of Sex Offenders' recommendation pursuant to Section 168-I of Article 6-C of the NYS Correction Law as to whether the offender• be 
esignated a Sexually Violent Offender. Predicate Sex Offender, or Sexual Predator as defined in subdivision seven of Section 168-a or whether the offender does not fit any of those 
ategories due to his conviction. 
'lease check all that apply: 
. 
Sexually Violent Offender - a sex offender who has been convicted of • sexually violent offense defined in Correction Law section 168-a (3). 
Please check which convictions) apply. also please indictee whether the conviction was for an attempt at an offense: 
Attempt 
2 0 
130.35 - Rape I st degree 
130.50 - Sodomy I si degree/Criminal Sexual Ac: 1st degree 
130.65 - Sexual Abuse 1st degree 
130.66 - Aggravated sexual abuse 3rd degree 
130.67- Aggravated sexual abuse 2nd degree 
130.70 • Aggravated sexual abuse 1st degree 
130.75 • Course of sexual conduct against a child 1st degree 
130.80- Course of sexual conduct against a child 2nd degree 
Attempt
130.53 • Persistent sexual abuse 
130.654 - Aggravated sexual abuse 4th degree 
130.90 - Facilitating a sex offense with a controlled substance 
a conviction of or a conviction for an attempt to commit any provisions of the 
— 
foregoing sections committed or attempted as a hate crime defined in section 485.05 
of the penal law or as a crime of terrorism defined in section 490.25 of such law. 
a conviction of an offense in any other jurisdiction which includes all of the 
essential elements of any such felony provided for above or conviction of a felony 
in any otherjurisdiction for which the offender is required to register as a sex 
offender In the jurisdiction which the conviction occurred. 
Predicate Sex Offender - a sex offender who has been convicted of an offense set forth in subdivision 2 or 3 of Correction Law Section 168-a when the offender has been previously 
convicted of an offense set forth in subdivision 2 or 3 of Section 168-a, regardless of the date of the prior conviction and regardless of whether the offender was 
required to register for the previous conviction. 
Please identify below the offenders previous qualifying convictions) as well as the offender's current qualifying conviction. also please indicate whether the conviction was for an attempt at an 
Offense: 
-uproot Previotic AlEmni 
130.20 - Sexual Misconduct 
130.25 Rape 3rd degree 
130.30- Rape 2nd degree 
130.40 - Sodomy 3rd degree/ 
—
Criminal Sexual Act 3rd 
130.45 - Sodomy 2nd degree/ 
-
Criminal Sexual Act 2nd 
flit-rent Previous 
Attemnt 
130.60 • Sexual Abuse 2nd degree 
235.25 - Incest 
Article 263 offense - Sexual Performance by a Child 
135.05 - Unlawful Imprisonment 2nd degree 
135.10- Unlawful Imprisonment 1st degree 
Current Previous 
Attempt 
135.20 - Kidnapping 2nd degree 
135.25 -Kidnapping 1st deluxe 
(*Noce: 135.05.135.10. 135.20. 135.25 - the 
victim must be less than 17 years old and the 
offender must not he the patent of the victim) 
Continued on the next page. 
EFTA00232638

iCont-di 
urrent Previous &Ha
230.04 Patronizing a prostitute 3rd degree (victim <12 Years old) 
23(1.05 Patronizing a prostitute 2nd degree 
230.(16 Patronizing a prostitute 1st degree 
230.30 ) • Promoting prostitution 2nd degree 
230.32 Promoting prostitution 1st degree 
235.22 Disseminating indecent material to minors 1st degree 
o convi 
listed se 
485.05 
of such 
ion of or a conviction for an attempt to commit any provisions of a 
offense committed or attempted as a hate crime defined in section 
the penal law or as a crime of terrorism defined in section 490.25 
130.52 -Forcible touching (victim<18 years old) 
130.55 -(Sexual abuse 3rd degree (victim<I8 years old) 
Convict' 
—
penal las 
convict 
(ii) a sex 
(iii) any 
attempt 
A convict' 
essential e 
168-a (2) 
required t 
occurred. 
U.S.C. 22 
such cri 
such often 
n/Attempt to commit any provision of 130.52 or 130.55 of the 
regardless of age of victim and the offender has previously been 
of: (1)a sex offense listed in Correction Law Section 168-a (2), or 
ly violent offense listed in Correction Law Section 168-a (3). or 
the provisions of section 130.52 or 130.55 of the penal law or an 
eof 
n of (i) an offense in any other jurisdiction which includes all of the 
meets of any such crime provided for in Correction Law Section 
), or (ii) a felony in any other jurisdiction for which the offender is 
register as a sec offender in the jurisdiction in which the conviction 
(iii) any of the provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A. 18 
2. IS U.S.C. 2252A. or 18 
2260 provided the elements of 
of conviction are substantially the same as those which arc part of 
as of March 11. 2002. 
Current Previous 
Attempt
130.35- Rape 1st degree 
130.50 - Sodomy 1st degree/Criminal Sexual Act I g degree 
130.65 - Sexual Abuse 1st degrx 
130.66 - Aggravated sexual abuse 3rd degree 
130.67- Aggravated sexual abuse 2nd degree 
130.70 - Aggravated sexual abuse 1st degree 
130.75 - Course of sexual conduct against a child 1st degree 
130.80 - Course of sexual conduct against a child 2nd degree 
130.53 - Persistent sexual abuse 
I 30.65-a - Auras eked sexual abuse 4th degree 
130.90 • Facilitating a sex offense with a controlled substance 
a conviction of or a conviction for an attempt to commit any 
provisions of a sexually violent offense as set forth in Correction 
piw Section 168-a (3) committed or attempted as a hate crime 
defined in section 485.05 of the penal lax or as a crime of 
terrorism defined in section 490.25 of such law. 
a conviction of an offense in any other jurisdiction which includes 
all of the essential elements of any such felon) provided for 
above or conviction of. felony in any other jurisdiction for which 
the offender is required to register as a sex offender in the 
jurisdiction which the conviction occurred. 
250.45(21.(3)and(4) - Unlawful surveillance 2nd degree 
250.50 - Unlawful surveillance I st degree 
E Sexual Predator - a sex • ender who has been convicted of a sexually violent offense defined in Correction Law Section 168.0 (3) and who suffers from a mental abnormality or 
personality disorder that ekes him or her likely to engage in 
sexually violent offenses. 
None of the above. 
EFTA00232639

SEX OFFENDER ma:ism-trim A(-r 
RISK ASSESSlIENT IXSTRUNIENT 
RISK FACTOR 
URKLIV1 
FEISSMSI 
VALUE 
SCORE 
I Use of Violence 
•sed forcible compulsion 
+10 
Inflicted pinsmal :Mon 
*15 
10 
Armed with a dangerous instrument 
+30 
2. Snout, Contact with Victim, 
Contact over clothing 
+5 
Camara under clothing 
+10 
25 
Sexual imewinirse. tics late sexual iinesuourse 
or aggravated sexual abuse 
+15 x 
3. Number of Victims 
Two 
+20 
30 
Three or mole 
+30 
4. Duration of offense condom with viedm 
Continuing course of sexual 
nisconduci 
+20 
20 
5. Age of victim 
I I through 16 
+20 
20 
10 or less. 03 or more 
+30 
6. Other victim chtracterisites 
Victim suffered from mental disability ea 
incapacity err from physical helplessness 
+20 
0 
7. Relationship with victim 
Snarler or established for purpose of 
victimizing or professional relatiOnship 
• 
+20 x 
20 
II. 
L 1111/21 ORI 
S. Age at lint act of sexual misconduct 
20 or loss 
+10 
0 
9. Number and mature of pilot crimes.
Prior history/no sex crimes or felonies 
+5 x 
Prior histury/non-violent felony 
+15 
5 
Prior violeri felony. or misdemeanor sex 
crime or endangering welfare of a child 
+30 
f 10. Recency of prior offense 
. 
Less than 3 years 
.
 
•
 
.
 
.
•
 
+10 
0 
II. Drug or Alcohol abuse 
History of shine 
•
 
^
 
+15 
0 
• 
COLUMNS II SUBTOTAL 
130 
SEX OFFENDER REGISTRATION ACT 
RISK ASSESSMENT INSTRUMENT 
RISK FACTOR 
VALUE 
SCORE 
Ill. POST .OFFENSE BEHAVIOR 
12. Acceptance of Responsibility 
Not accepted responsibility 
Not accepted responsibility / refused or 
expelled from treatment 
U. Conduct while confined / supervised 
Unsatisfactory 
Unsatisfactory with sexual misconduct 
+10 
0 
0 
+15 
+10 
... . . 
+20 
iv. FILLB.ASL ENVIRONMLNI 
Id. Supervision 
Release with specialized supervision 
Release with supervision 
_ 
Release without supervision 
IS 1.444-iinitillimeritiliiiiiiin— . — - --' 
Living Of anploymcni inappropriate 
— 
COLUMNS 12-IS SUBTOTAL 
0 
0 
-- 0 
- 
• - - 
0 
130 
130 
-175 
+15 
—. 
+10 
• 
- 
— 
COLUMNS I-11 SUBTOTAL 
TOTAL RISK FACTOR SCORE (add 2 subtotal/ 
—.-
1 
2 
X 
Offender 
Name: 
JEFFREY E EPSTEIN 
NYSID 
OS 1909 
Docket 0: 
RISK LEVEL: 
Assessor's 
Signature 
Date: 
3 
Level I (low) 
level 2 (moderate ) 
Level 3 (high) 
0 10 470 
475 to +105 
+110 to +300 
Note: The Sex Offender Registration Act requires the court or 
Board of Examiners of Sex Offenders to consider any victim impact 
statement in determining a sex offender's level of risk 
A. Overrides (If any override is circled. offender is presumptively 
a Level Jr 
I. Offender bas a prior felony conviction fora sex crime 
2. Offender inflicted serious physical injury or caused death 
3. The offender has nude a recent threw that he will reoffend 
by committing a sexual or violent aline 
4. There has been a clinical assessment that the offender has 
a psychological, physical, or organic abnormality that 
decreases ability to combat impulsive sexual behavior 
B. Departure 
I. A departure from the risk level is warranted 
yes 
kO No 
2. If yes. circle the appropriate risk level 
I 
2 
3 
3. :f yes. explain the basis for di:mature ( Sec Summary) 
EFTA00232640

A75 
RE: 
JEFFREY E EPSTEIN 
NYSID 
051909 
DATE: 
8123/2010 
CASE SUMMARY 
'Ibis assessment is based upon a review of the inmate's file which may include but is not limited to the 
pre-sentence investigation, prior criminal history and post-offense behavior. 
Jeffrey Epstein is a 57-year-old sex offender who pled guilty in the state of Florida on 6/30/2008 to two felony 
sex offenses. Procuring a Person tinder 18 for Prostitution and Felony Solicitation of Prostitution. He was 
sentenced to12 months in jail followed by 12 months ofCommunity Control. 
It would appear he was convicted in London England of Unlawful Possession of an Offensive Weapon, a Sword 
Stick, and was sentenced to a Conditional Discharge on 1/4/1973. 
Regarding the instant offense, Epstein was approximately 51 years of age on or about the year 2005 when he 
sexually assaulted numerous females between the approximate ages of I4 and 17: Most of the victims were 
recruited by one of Epstein's female employees from a local high school in the Palm Beach Florida area. Some of 
the female participants were age 18 or older. The contact included vaginal intercourse, mouth to vagina sodomy, 
the touching of the breasts and vagina, placing his fingers inside the vagina and Epstein using a vibrator on the 
victim's vaginal area. The available police reports from the Palm Beach. Police Department include conversations 
with numerous female victims who in most cases, did not know Epstein when they were victimized. Most of the 
females were embarrassed to speak with police regarding what had happened to them while they were at Epstein's 
home. Sworn statements were taken from at least five victims and seventeen witnesses concerning massages and 
unlawful sexual activity that took place at the residence of Jeffrey Epstein. Most of the victims were paid at least 
$200.00 each time they performed a massage. 
The victims were told they would be giving Epstein a massage and they were escorted to his bedroom. Most 
victims noted numerous pictures of naked young females, (some of the photos depicted females who would be 
eventually interviewed by police), on display throughout the home. The offender would enter the room only 
wearing a towel. In most cases he would remove the towel and ask the victim to remove her clothing. In some 
cases he would masturbate into a towel while receiving a massage. In other cases he would touch the breasts or 
vagina of the victim with his hands or use the vibrator. One 14 year old described how Epstein touched her 
vaginal area with a vibrator and thereafter, when contacted by law enforcement, she had to identify the offender 
through the use of a photo array. Another 16-year-old victim described giving Epstein massages for two years 
and at times, he grabbed her buttocks and caressed her butt cheeks as she gave him a massage. Another 
16-year-old described going to the offender's home at least 100 times. He would touch her breasts, insert his 
fingers into her vagina and sometimes use the vibrator on her while masturbating. He would also pay this 
underage victim to have sex with a female friend while he watched. Occasionally, he would join both girls and 
perform oral sex on both. This 16-year-old victim described for police how one time, Epstein turned her over on 
the massaue table and forcibly rated her 
" NO
"
an,4
uantly-apologized-for 
his actions. 
The offenders conduct while on Community Control will he considered satisfactory and he does not have a 
history of substance abuse. Based upon his plea of guilty. Epstein will be credited with accepting responsibility 
for his actions. lie will he scored for sexual and deviate sexual intercourse, forcible compulsion, numerous 
victims and their ages. a continued course of sexual misconduct. a prior misdemeanor conviction in England 
absent specific information. for his stranger relationship to most victims and for establishing a relationship with 
these underage girls for the purpose of victimization. 
The Board acknowledges correspondence received from the offender's attorney. 
EFTA00232641

A76 
RE: 
JEFFREY E EPSTEIN 
NYS1D#: OS1909 
DATE: 
8/23/2010 
CASE SUMMARY 
Jeffrey Epstein used his wealth and power in such a way so that he could take advantage of many teenage girls to 
satisfy his own sexual perversions. Ile scores as a Level III Sex Offender with absolu►ely no basis for downward 
depanure. 
EFTA00232642

A77 
Letter from Jay P. Lefkowitz to Hon. Ruth Pickholz Requesting a Continuance of the Hearing, 
dated September 9, 2010 
09/07/2010 09:55 FAX 
0 2:00 2 
KIRKLAND & ELLIS LLP 
NIO arnuarrn PAItTNIRSHIPS 
601 Lexington Avenue 
Now York. NkY/ Yolk 10022 
Jay P LelkowItz,. 
To Call WIWI Dimly: 
Facsinne 
awn.. kiridandccm 
BY FACSIMILE. 
The Honorable Ruth Pickholz 
New York County Supreme Court 
Part 66 
111 Centre Street 
New York, NY 10013 
September 7, 2010 
1. 
Re: 
$CID No. 30129-2010 
Dear Justice Pickholz: 
I am writing regarding the hearing for Mr. Jeffrey Epstein in the above-referenced matter, 
which is currently scheduled for 9:30a.m. on Wednesday, September 15, 2010. 
We respectfully request a continuance of the hearing. Kirkland & Ellis was only recently 
retained by Mr. Epstein to represent him in this matter and due to the holidays this week and 
because the matter arises out of Florida, we will need some time in order to collect information 
to prepare for the hearing. 
We are available on or after October 4, 2010 for a hearing on this matter if that would be 
acceptable to the Court. We are available to discuss at the Court's convenience. 
Respe» fully submitted, 
. Lefkowitz, P.C. 
Chicago 
Hong Kong 
London 
Los Angeles 
Munich 
Palo Alto 
San Francisco 
Shanghai 
Washington. O. C. 
EFTA00232643

A78 
Letter from Supreme Court to Sex Offender Registry Unit Enclosing Final Determinations, 
dated January 19, 2011 
[pp. A78-A791 
Si rant Camrt 
of for 
Pak of 14th Igor' 
CENTRE STREET 
IIEW YORK. NY KAU 
January 19, 2011 
Sex Offender Registry Unit 
NYS Division of Criminal Justice Services 
4 Tower Place 
Albany, NY 12203 
Dear Sir/Madam: 
Enclosed please find the Final Determinations on the following cases: 
Name 
Jeffrey Epstein 
End. 
cc Mr Jeffrey Epstein 
9 East 71st Street 
New York, NY 10C21 
Ind.# 
Risk Level 
30129-2010 
Three (3) 
Respectfully yours, 
F. Halwick, SCC 
Correspondence Unit 
Supreme Court, Criminal Term 
EFTA00232644

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EFTA00232645

A80 
Court Action Sheet - Jeffrey Epstein, No. 30129-2010 
COUNTY OF 
PEOPLE VS 
 
 
akigiestio, .3 oh25 -awe 
NY.S I D NO. 
DATE OF BIRTH 
SEX _e_____ 
ADDRESS  
NOTICE OF APPEARANCE  
 20 
FILED BY • 
ADDRESS 
TELEPHONE NO. 
RET O 
 
L.A. D 
I8B CI 
SUBSTITUTION  
20 
FILED BY 
ADDRESS 
TELEPHONE 
RET 0 
L.A. 0 
18B LJ 
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tKLAND & ELLIS LLP 
Annan° PAMPERS/ITS 
JAY P. LEFKOWITZ. P.C. 
illIM
I.Fax
talloc1/410022 
lay Infecont:Okirkland
c ft  
RECOGNIZANCE 
ROR 
20 
BAIL FIXED 
AMOUNT 
COURT CLERK 
COUNSEL PRESENT 
ON CONSENT OF ADA 
COURT REPORTER 
BAILED 
20 
SURETY 
JUSTICE 
INTERPRETER 
COURT CLERK 
COURT CLERK 
ROR REVOKED-BW 
20 
JUSTICE  
BAIL FORF.•BW 
JUSTICE 
BAIL EXONERATED 
JUSTICE  
SURR. BY SURETY 
20 
20 
ARTICLE 730 EXAMINATION 
ORDERED 
20 
JUSTICE 
COURT CLERK 
COURT REPORTER 
SUBSEQUENT ACTION RE RECOGNIZANCE 
PART 
 
20 
JUSTICE 
ADA PRESENT 
COUNSEL PRESENT 
COURT REPORTER 
COURT CLERK 
PART 
20 
ORDERED 
20 
JUSTICE 
COURT CLERK 
COURT REPORTER 
COMMUTED TO COMMISSIONER OF MENTAL HYGIENE: 
JUSTICE 
ADA PRESENT 
COUNSEL PRESENT 
EFTA00232646

A81 
Handwritten Notations on Court Jacket - Jeffrey Epstein, No. 30129-2010 
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EFTA00232647

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A82 
Transcript of SORA Hearing, dated 
[pp. A82-A961 
SORA HEARING 
SUPREME COURT 
NEW YORK COUNTY 
TRIAL TERM 
PART 66 
THE PEOPLE OF THE STATE OF NEW YORK: 
AGAINST 
January 18, 2011 
x 
INDICTMENT # 
: 30129/2010 
6 
JEFFREY EPSTEIN 
Defendant. 
 
x SORA HEARING 
7 
8 
111 Centre Street 
New York, New York 10013 
9 
January 18, 2011 
10 BEFORE: 
11 
12 
HONORABLE RUTH PICKHOLZ 
Justice of the Supreme Court 
13 
14 APPEARANCES: 
15 
16 
For the People: 
CYRUS R. VANCE, JR., ESQ., 
New York County District Attorney 
17 
One Hogan Place 
NewY 
York 10013 
18 
BY:  
GAFFNEY, ESQ. 
Assis an 
strict Attorney 
19 
For the Defense: 
KIRKLAND & ELLI, LLP 
20 
153 East 53rd Street 
21 
New York, New York 10022 
BY: JAY LEFKOWITZ, ESQ. 
22 
SANDRA MUSUMECI, ESQ. 
23 
24 
Vikki J. Benkel 
Senior Court Reporter 
25 
Mk! 
J. Benkel 
Senior Coax Reporter 
page 1 
EFTA00232648

A83 
SORA HEARING 
page 2 
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COURT CLERK: This is number two on the calendar, 
matter of Jeffrey Epstein. 
Your appearances please. 
MS. GAFFNEY: 
Gaffney for the People. 
Good afternoon, Your Honor. 
MR. LEFKOWITZ: Jay Lefkowdtz 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. LEKWOWITZ: 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. Benkel 
Senior Cowl Reporter 
EFTA00232649

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A84 
SORA HEARING 
page 3 
one victim and that is what the defendant plead to. 
So it is unlike a situation where everything was 
indicted and then we get to sort of assess points for all of 
the victims, if it was part of a plea bargain. They did not 
actually choose to go forward on any except for the one 
victim. 
So under the board guidelines, the risk assessment 
interim guidelines, it actually says, you know, by way of 
contrast if an offender is not indicted for an offense, it 
is strong evidence that the offense did not occur and I 
don't think --
THE COURT: Do you find that if somebody is not 
indicted it is strong evidence that it did not occur? 
MS. GAFFNEY: I don't know that we can rely on it 
as clear and convincing evidence if the prosecutor's office 
never went forward on it. The prosecution said that the 
victims, although they spoke to the police early on, did not 
cooperate with them. So we don't have any follow up 
information. 
THE COURT: But the board found a Level Three. 
I have to tell you, I am a little overwhelmed 
because I have never seen the prosecutor's office do 
anything like this. I have never seen it. I had a case 
with one instance it was a marine who went to a bar, and I 
wish I had the case before me, but he went to a bar and a 17 
Vikki J. Benkel 
Senior Cowl Reporter 
EFTA00232650

A85 
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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 
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were indicted. So I don't knaN. 
THE COURT: And you spoke to the prosecutor? 
MS. GAFFNEY: The actual prosecutor left the 
office. I spoke to the prosecutor that took over the case. 
THE COURT: Maybe you can find the prosecutor that 
left the office. 
You have done more in other cases looking into it. 
I have never seen the prosecutor's office do this. I have 
to tell you, I am shocked. 
MS. GAFFNEY: Right, but I spoke to the prosecutor 
that took over the case and they don't have anything, any 
affidavits, any statements, any notes. 
THE COURT: Why don't you speak to the prosecutor 
that did do the case, I am sure you could find that 
prosecutor. 
MS. GAFFNEY: I can find her, but based upon what 
the other prosecutor said, they did not speak to that 
prosecutor either. 
THE COURT: You did not speak to the prosecutor 
yourself, you did not speak to them, that is hearsay. You 
did not speak to the prosecutor that handled the case. 
MS. GAFFNEY: That's right. 
THE COURT: I don't think you did much of an 
investigation here. 
MS. GAFFNEY: I mean I called the prosecutor. 
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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. 
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He is registered in the U.S. Virgin Islands, he 
has been since his release from jail. He notifies the 
Virgin Island authorities every time he leaves that 
jurisdiction. Virgin Island authorities rated him at the 
lowest level of registration. 
He also registered in Florida, which is the state 
of this particular offense, and the only reason that this 
conviction is even before Your Honor. 
The offense for which he was convicted is not a 
registrable offense in New York. He is only registrable 
here arguably because based on the provision of SORA that 
says if a crime is registrable in the state of conviction, 
then it is registrable here in New York. And the Florida 
authorities that considered that rated him at the lamest 
level of their SORA statute. 
He additionally has a vacation home in New Mexico 
and is registered in New Mexico. The New Mexican 
authorities when they considered his offenses, determined he 
need not register at all. Nevertheless, he has voluntarily 
registered with New Mexico and maintains that registration. 
Additionally, because of his possession of a 
vacation home in New York, he has been voluntarily 
registered with New York SOMU, the Sex Offender Monitoring 
Unit since May of this year. He notifies them whenever he 
comes to travel to New York. He never comes to New York for 
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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 
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prosecutor and provided numerous materials for the 
prosecutor to consider. We have included in that a 
deposition from the detective who headed this investigation 
who acknowledged in a sworn deposition that the lead 
prosecutor who originally had the case, whose name I cannot 
pronounce, Lanna Belohlavek, I apologize for the 
mispronunciation, said to the detective after her 
investigation, there are no real victims here. 
All of the alleged conduct that is cited in the 
board's write up was commercial conduct. All of the alleged 
conduct the women went voluntarily, there are no allegations 
of force certainly none. 
THE COURT: There was no allegation of force in 
the marine either, who met a girl in a bar, a young girl 17, 
there was no force there. 
MS. MUSUMECI: It is our understanding that the 
prosecutor in Florida conducted a full investigation, as 
full as she was able with the cooperation afforded by these 
complainants, and determined that the only case that she 
could present to the grand jury MS this indictment for a 
non registrable offense then --
THE COURT: But it is registrable here. 
I don't know what you mean non registrable 
offense. 
MS. MUSUMECI: Let me explain, Your Honor. 
Vikki J. Benkei 
Senior Cant Reporter 
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