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FBI VOL00009
EFTA01249325
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- rl g 3 Original Transcript • • • UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Case No. 08-80893- CIV-MARRA/JOHNSON DEPOSITION OF MARK EPSTEIN September 21, 2009 11:30 a.m. One Penn Plaza, New York, New York Jacklyn Lisi 0 ESQUIRE Toll Free Facsimile, Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquiresolutIons.com 3501.294-001 Page I of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00 108549 EFTA01249325
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• • 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE, Plaintiff, vs. Case No. 08-80893- CIV-MARRA/JOHNSON JEFFREY EPSTEIN, Defendant. DEPOSITION of MARK EPSTEIN, taken by Defendants, at the offices of Esquire Deposition Solutions, One Penn Plaza, New York, New York 10119, on Monday, September 21, 2009, commencing at 11:30 a.m., before Jacklyn Lisi, a Shorthand Reporter and notary public, within and for the State of New York. • 0 ESQUIRE Toll Free: Facsimile: Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquIresolutions.com 3501.294-001 Page 3 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00 108551 EFTA01249327
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 2 APPEARANCES : ROTHSTEIN ROSENFELDT ADLER, ESQS. Attorneys for Plaintiffs, EW, Las Olas City Centre, Suite 1650 401 East Las Olas Boulevard Fort Lauderdale, Florida 33301 BY: BRAD J. EDWARDS, ESQ. LEOPOLD KUVIN, ET AL Attorneys for Plaintiff, BB 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, Florida 33410 BY: ADAM LANGINO, ESQ. (via telephone) LM and Jane Doe COHEN & GRESSER, LLP Attorneys for the Witness, Mark Epstein 100 Park Avenue New York, New York 10017 BY: MARK S. COHEN, ESQ. ALEXIS G. STONE, ESQ. PODHURST ORSECK, et al Attorneys for Plaintiffs, Jane Does 101 and 102 25 West Flagler Street, Suite 800 Miami, Florida 33130 BY: KATHERINE EZELL, ESQ. (via telephone) MERMELSTEIN & HOROWITZ, ESQS. Attorneys for Plaintiffs, Jane Does 2 through 8 18205 Biscayne Boulevard, Suite 2218 Miami, Florida 33160 BY: ADAM H. HOROWITZ, ESQ. (via telephone) 0 ESQUIRE Toll Free FaWmile 515 East Las 02s Boulevard Fort Lauderdale, FL 33301 www.esquIresolutions.com • • 3501.294-001 Page 4 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108552 EFTA01249328
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• • 1 2 3 4 5 6 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 3 APPEARANCES (continued) RICHARD H. WILLITS, ESQ. Attorney for Plaintiff, ■ 2290 10th Avenue North, Suite 404 Lake Worth, Florida 33461 (via telephone) BURMAN, CRITTON, LUTTIER & COLEMAN, LLP Attorneys for the Defendant, Jeffrey Epstein 515 North Flagler Drive, Suite 400 West Palm Beach, Florida 33401 BY: ROBERT CRITTON, ESQ. (via telephone) * • ESQUIRE Toll Free Facsimile Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquiresolutions.com 350)294-001 Page 5 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108553 EFTA01249329
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 4 STIPULATIONS IT IS HEREBY STIPULATED, by and between the attorneys for the respective parties hereto, that all rights provided by the C.P.L.R., and Part 221 of the Uniform Rules for the Conduct of Depositions, including the right to object to any question, except as to form, or to move to strike any testimony at this examination is reserved; and in addition, the failure to object to any question or to move to strike any testimony at this examination shall not be a bar or waiver to make such motion at, and is reserved to, the trial of this action. This deposition may be sworn to by the witness being examined before a Notary Public other than the Notary Public before whom this examination was begun, but the failure to do so or to return the original of this deposition to counsel, shall not be deemed a waiver of the rights provided by Rule 3116 of the C.P.L.R. and shall be controlled thereby. The filing of the original of this deposition is waived. 0 ESQUIRE Toll Free: Facsimile: Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquiresolutions.com • • • 3501.294-001 Page 6 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00 108554 EFTA01249330
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Mark Epstein September 21, 2009 5 • • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M. Epstein THE REPORTER: Please state your name and address for the record? THE WITNESS: (Witness refused to give his address to the court reporter.) MR. COHEN: On the record. For the witness, Mark Epstein, Mark Cohen and Alexis Stone of Cohen & Gresser, 100 Park Avenue, New York, New York. MR. EDWARDS: Brad Edwards on behalf of EW, LM and Jane Doe. MR. CRITTON: Robert Critton on behalf of Jeffrey Epstein. MS. EZELL: Kathy Ezell on behalf of Jane Does 101 and 102. MR. HOROWITZ: Adam Horowitz on behalf of Plaintiffs, Jane Does 2 through 8. MR. WILLITS: Richard Willits on behalf of MR. LANGINO: Adam Langino on behalf of Plaintiff, BB. MR. EDWARDS Okay. That's everybody. MR. COHEN: Okay. Before I start, this is Mark Cohen on behalf of Mark Epstein, I just want to put on the record the details • 0 ESQUIRE Toll Free: Facsimile: Suite 1300 515 East Las alas Boulevard Fort Lauderdale, FL 33301 voimesouiresolutions.com 3501.294-001 Page 7 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108555 EFTA01249331
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 6 M. Epstein of a conversation I've had with Mr. Edwards and make sure that all counsel is agreeable to this. My client, Mark Epstein, is very concerned about being videotaped and having his image recorded. He is concerned about possible future uses of his image. And so Mr. Edwards and I have agreed that this recording, the videotape of my client, will be confidential and will not be revealed in public unless and until there is an order by a court in one of the cases that are involved in these depositions that orders that the video be made public. We are prepared to proceed on that basis. As I understand, Mr. Edwards is prepared to proceed, but obviously we need the agreement of all counsel. MR. WILLITS: Richard Willits agrees. MR. CRITTON: Robert Critton agrees. MS. EZELL: Kathy Ezell agrees. MR. EDWARDS: Adam? MR. HOROWITZ: Adam Horowitz, that's ESQUIRE Toll Free: Fair.Imile: Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquiresolutIons.com • • • 3501.294-001 Page 8 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108556 EFTA01249332
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• • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 7 M. Epstein fine. MR. LANGINO: The same with Adam Langino, that's fine. MR. COHEN: All right. Thank you. MR. EDWARDS And Sid Garcia is not in and he is not supposed to be in; right? MR. CRITTON: This is Bob Critton. I assume -- I don't know whether he was going to come or not, but I assume that everyone will also abide and not give Mr. Garcia a copy of the video until he also affirms in writing to Mr. Cohen that he's agreed to be bound by the same agreement. MR. EDWARDS: Okay. THE VIDEOGRAPHER: This is tape number one to the videotape deposition of Mark Epstein in the matter of Jane Doe versus Jeffrey Epstein being held before the United States District Court in the Southern District of Florida, case file number 08-80893. This deposition is being held at Esquire Deposition Solutions, One Penn Plaza, New York, New York on September 21, 2009. The time is 11:41 a.m. • 0 ESQUIRE Toll Free Facsimile Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 verew.esquiresolutions.com 3501.294-001 Page 9 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00 108557 EFTA01249333
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 8 M. Epstein My name is Peter Ledwith. I'm the videographer. The court reporter is Jackie Lisi. Counsel, will you please introduce yourselves and who you represent? MR. EDWARDS: Brad Edwards. I represent EW, LM and Jane Doe. MR. COHEN: Mark Cohen and Ally Stone. I represent the witness, Mark Epstein. MR. CRITTON: Robert Critton on behalf of the defendant, Jeff Epstein. MR. WILLITS: Richard Willits on behalf of MR. LANGINO: Adam Langino on behalf of Plaintiff BB. MR. HOROWITZ: Adam Horowitz on behalf of plaintiffs Jane Does numbers 2 through 8. THE VIDEOGRAPHER: Will the court reporter please swear in the witness? MARK EPSTEIN, having been first duly affirmed, was examined and testified as follows: THE WITNESS: I am an atheist, but I ESQUIRE Toll Free Facsimile Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 ionvw.esquiresolutions.com • • • 3501.294-001 Page 10 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00 108558 EFTA01249334
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• • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 9 M. Epstein will affirm I'll tell the truth. EXAMINATION BY MR. EDWARDS: Q. Can you tell us your name? A. Mark Epstein. THE VIDEOGRAPHER: Can you put the microphone on your shirt, please? THE WITNESS: Mark Epstein. Okay. And your date of birth, Q. please? A. Q• And what is your relationship with the defendant in this case, Jeffrey Epstein? A. He is my brother. Q. Are you currently married? A. No. Q. What is your current address? A. I'm not giving out my address. I'm concerned about my personal safety because of the nature of this case. You can use his address. You can use my attorney's address. Q. Please elaborate on that for me that you are concerned for your safety because of the nature of this case? • 0 ESQUIRE Toll Free: Facsimile: 51.5 East Las Olas Boulevard Fort Lauderdale, Ft. 33301 www.esquiresolutIons.com 350I.294-00I Page I I of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFrA_00 108559 EFTA01249335
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 10 M. Epstein A. Because I've read -- well, I know that Jeffrey hired a detective or someone from the police when he went out on his days out. So obviously there is probably a concern for safety. I don't want anything to do with this case. I have nothing to do with this case. I don't want my identifying information on any kind of public record. MR. COHEN: If it will make it easier, Mr. Edwards, this is Mark Cohen speaking. Mr. Mark Epstein is authorizing my firm to accept service if there is a future subpoena or a need to contact him again. THE WITNESS: Before we go on, I want to make a statement. I want to say on the record that initially I was improperly served with a subpoena from Florida, it was supposed to come from New York. It also did not include the required documents giving me my rights and obligations under the Florida laws. So it's a breach of some kind of ethics. 0 ESQUIRE Toll Free Facsimile Suite 1300 515 East Las Olas Boulevard Fat Lauderdale, FL 33301 www.esquiresolutions.corn • • • 3501.294-001 Page 12 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108560 EFTA01249336
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• 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 11 M. Epstein So in my book, you are either incompetent, devious or have no ethical compass. So you are not on my high list. Continue with your questions. I just wanted a record of that. MR. CRITTON: Brad, can you move the phone a little closer to Mr. Epstein? I heard you and I heard Mr. Cohen fine, but I'm having trouble with Mr. Epstein. MR. EDWARDS: All right. MR. CRITTON: Thank you. MR. EDWARDS: I apologize for your feelings about the subpoena. THE WITNESS: Not accepted. This is too serious of a matter. BY MR. EDWARDS: Q. You do realize that you are subpoenaed to testify today in cases that involve your brother having sex or engaging in sex acts with minors; correct? MR. CRITTON: Form? MR. COHEN: That's -- A. I know there is a case against my • 0 ESQUIRE Toll Free: Facsimile: Suite 1300 515 East Las alas Boulevard Fort Lauderdale, FL 33301 www.esouiresoludons.com 3501294-001 Page 13 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108561 EFTA01249337
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 brother. I Q. And 12 M. Epstein know that. you are aware that there are multiple attorneys on the phone that represent girls who were under-age when Mr. Epstein had sex with them? A. I know there are multiple attorneys on the phone. Q. Okay. Have you read the newspaper articles about your brother that detail your brother having sex with under-age girls? MR. CRITTON: Form. A. I've read some of the papers. Q. You agree that sex with minors is wrong? MR. CRITTON: Form. MR. COHEN: Objection. Q. You can answer. A. I have no opinion on that. Q. Okay. A. I'm not here to give opinions. I'm here for facts. So ask me questions about facts and I'll be glad to answer them. Q. Well, do you agree with the laws that protect under-age children from adult sexual ESQUIRE Toll Free Facsimile Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 vmw.esquiresolutions.cm • • • 3501.294-001 Page 144120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFIA_00108562 EFTA01249338
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• • 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 13 M. Epstein predators? MR. COHEN: Objection. MR. CRITTON: Form. A. My information on the case is my brother I know had to spend sometime in jail for some prostitution charge. So I assume the attorneys are representing the prostitutes he was involved with, so I don't know what the ages of them are or were. I'm not involved with the case. I don't watch all the details about it. That's all. Q. Would it surprise you to learn that there were more than 30 girls between the ages of 12 and 15 that your brother engaged in sex acts with? MR. CRITTON: Form. A. I don't get surprised by very many things in this world. Q. But you and your brother are a year apart; right? A. 18 months. O. And you grew up together? • 0 ESQUIRE M.. Toll Fr Facslml Suite 1300 515 East Las pas Boulevard Fort Lauderdale, FL 33301 www.esquIresolutions.corn 3501.294-001 Page 15 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108563 EFTA01249339
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 A. Sure. Q • 14 M. Epstein You still talk to him? A. Occasionally, rarely. Q. So when I ask you, does it surprise you, you are saying that it doesn't surprise you that your older brother engaged in sex with more than 30 girls between 12 and 15 years old? MR. COHEN: Objection. MR. CRITTON: Form. A. I don't know how to answer that question. I don't know if it's true, and I don't know what the story is. It's not -- ask me a question about facts I'm not going to give you opinions here, that's not what I'm here for. S ESQUIRE Toll Free: Facsimile: Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esdulresolutlons.com • • • 3501.294-001 Page 16 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00 108564 EFTA01249340
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• • 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 15 M. Epstein MR. EDWARDS: Counsel? MR. COHEN: I would suggest you move to an area that's likely to lead to you gathering relevant evidence. We can come back to this burning question maybe later. MR. CRITTON: Let me also add that I can only object to form, but I also want to put on the record, other than his name and he is related to Mr. Epstein, there is not one piece of evidence or -- THE COURT REPORTER: I can't hear you. MR. CRITTON: I'm sorry. I just want to note for the record that other than his name and his relationship to Mr. Epstein, to Jeffrey Epstein, there has been nothing of relevance or materiality that would lead to admissible evidence at the time of trial. • 0 ESQUIRE Toll Free: Facsimile: Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquiresolutions.00rn 3501.294-001 Page 17 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00 108565 EFTA01249341
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 16 M. Epstein This is being done to harass or humiliate Mr. Mark Epstein and/or my client. It certainly borders on that, but he is not an expert, his opinions are irrelevant in this case, and as is his own family situation but -- MR. EDWARDS: Mr. Critton, as you stated first, I think that your objection is limited to the form. Thanks. Can I mark this as an exhibit? (Plaintiff's Exhibit 1 was so marked for identification.) MR. COHEN: I will say that I join in Mr. Critton's objection for the record. BY MR. EDWARDS: Q. How frequently do you talk with your brother now? A. Maybe once every couple of weeks or so, but "now° being just the last month or two. Q. Okay. When you first learned of a criminal investigation into your brother, did you talk to him about the substance of those allegations? 0 ESQUIRE Toll Free: Facsimile: Suite 1300 515 East Las olas Boulevard Fort Lauderdale, FL 33301 www.esquIresolutIons.com • • • 3501.294-001 Page [Sof 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108566 EFTA01249342
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2 3 4 Mark Epstein September 21, 2009 17 M. Epstein A. No. Q. Have you ever asked him or had a conversation with him about the allegations 5 that he's had sex with numerous under-age 6 kids? 7 A. No. 8 Q. Is there a reason why you wouldn't 9 ask him questions about him engaging in sex 10 with 13, 14-year old kids? 11 A. We are not very close. We don't talk 12 very often. 13 MR. CRITTON: Form. • 14 Q. But when you do talk to him, that 15 conversation doesn't come up? 16 A. No. 17 Q. He went to jail. Did he ever tell 18 you why he went to jail? 19 A. No. 20 Q. Are you familiar with the property at 21 22 A. Yes, I am. 23 Q. Who owns that property? 24 A. Dara Partners. 25 Q. And what is Jeffrey Epstein's • 0 ESQUIRE Toll Free: Facsimile: Suite 1300 515 East Las Otas Boulevard Fort Lauderdale, FL 33301 wvnv.esquIresolutIons.com 3501.294-001 Page 19 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108567 EFTA01249343
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mark Epstein September 21, 2009 18 M. Epstein affiliation with that property? A. He rents some apartments in there. Q. How many apartments does Jeffrey Epstein rent at A. It's either 8 or 10, I am not sure. Q. Who are the residents of the apartments that Jeffrey Epstein rents at that location? A. I have no idea. MR. CRITTON: Brad, what was the answer to the last one? MR. COHEN: He has no idea. A. I know his pilots used to stay there, but I don't think he is using pilots any more. Q. Why does he rent so many places at the same location? A. I have no idea. Q. Have you ever had any affiliation with that location? A. Sure. Q. In what way? A. I'm one of the partners of Dara Partners. Q. So does your brother rent from you? ESQUIRE Toil Free: Facsimile: Suite 1300 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 wvnv.esquiresolutions.com • • • 3501.294-001 Page 20 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFIA_00 108568 EFTA01249344
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