EFTA00181510

Original Transcript 
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 
September 21, 2009 
11:30 a.m. 
One Penn Plaza, 
New York. New York 
Jacklyn Lisi 
Toll Free: 800.211.3376 
Facsimile: 954.331.4418 
ESQUIRE 
Suite 1300 
SlS East Las Olas Boulevard 
Fort Lauderdale, FL 33301 
wvinv.esquIresoludons.com 
EFTA00181510

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EFTA00181511

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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. 
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ESQUIRE 
Toll Free: 800.211.3376 
Facsimile: 954.331.4418 
Suite 1300 
515 East Las Olas Boulevard 
Fort Lauderdale, FL 33301 
vnvw.esquiresoludons.com 
EFTA00181512

Mark Epstein 
September 21, 2009 
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APPEARANCES
: 
ROTHSTEIN ROSENFELDT ADLER, ESQS. 
Attorneys for Plaintiffs, EW, LM and Jane Doe 
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) 
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) 
ESQUIRE 
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Facsimile: 954.331.4418 
Suite 1300 
515 East Las Olas Boulevard 
Fort Lauderdale, FL 33301 
www.esquiresolutions.com 
EFTA00181513

Mark Epstein 
September 21, 2009 
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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) 
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ESQUIRE 
Toll Free: 800.211.3376 
Facsimile: 954.331.4418 
Suite 1300 
515 East Las Olas Boulevard 
Fort Lauderdale, FL 33301 
www.esquiresolutions.com 
EFTA00181514

Mark Epstein 
September 21, 2009 
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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. 
ESQUIRE 
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Facsimile: 954.331.4418 
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Fort Lauderdale, FL 33301 
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EFTA00181515

Mark Epstein 
September 21, 2009 
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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 
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EFTA00181516

Mark Epstein 
September 21, 2009 
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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 
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ESQUIRE 
so M n&44 Oa la Ces7a7 
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EFTA00181517

Mark Epstein 
September 21, 2009 
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M. Epstein 
fine. 
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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. 
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ESQUIRE 
Toll Free: 800.211.3376 
Facsimile: 954.331.4418 
Suite 1300 
515 East Las Olas Boulevard 
Fort Lauderdale, FL 33301 
www.esquiresolutions.com 
EFTA00181518

Mark Epstein 
September 21, 2009 
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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 
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EFTA00181519

Mark Epstein 
September 21, 2009 
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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. 
Q. Okay. And your date of birth, 
please? 
A. July 14, 1954. 
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? 
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ESQUIRE 
"......." 
Toll Free: 800.211.3376 
Facsimile: 954.331.4418 
Suite 1300 
515 East Las Olas Boulevard 
Fort Lauderdale, FL 33301 
www.esquiresolutions.com 
EFTA00181520

Mark Epstein 
September 21, 2009 
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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. 
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. 
ESQUIRE 
Toll Free: 800.211.3376 
Facsimile: 954.331.4418 
Suite 1300 
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Fort Lauderdale, FL 33301 
www.esquIresolutIons.com 
EFTA00181521

Mark Epstein 
September 21, 2009 
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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 
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ESQUIRE 
Toll Free: 800.211.3376 
Facsimile: 954.331.4418 
Suite 1300 
515 East Las Olas Boulevard 
Fort Lauderdale, FL 33301 
www.esquiresolutions.com 
EFTA00181522

Mark Epstein 
September 21, 2009 
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M. Epstein 
brother. I know that. 
Q. And 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 
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200loCal.fl 
Toll Free: 800.211.3376 
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EFTA00181523

Mark Epstein 
September 21, 2009 
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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. 
Q. And you grew up together? 
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EFTA00181524

Mark Epstein 
September 21, 2009 
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M. Epstein 
A. Sure. 
Q. 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. 
Q. Do you have children? 
A. Yes, I do. 
Q. How old? 
A. Seven and five. 
Q. Boys or girls? 
A. What does my children have to do with 
this? Leave my family out of this, please. 
Q. I think it's a fair question. 
ESQUIRE 
a 
Al an4E; O.11a Lonny 
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EFTA00181525

Mark Epstein 
September 21, 2009 
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M. Epstein 
A. I think it's a fair answer. 
Q. I need an answer. 
A. You got one. 
Q. Boys or girls? 
A. Next question. 
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. 
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EFTA00181526

Mark Epstein 
September 21, 2009 
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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? 
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EFTA00181527

Mark Epstein 
September 21, 2009 
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M. Epstein 
A. No. 
Q. Have you ever asked him or had a 
conversation with him about the allegations 
that he's had sex with numerous under-age 
kids? 
A. No. 
Q. Is there a reason why you wouldn't 
ask him questions about him engaging in sex 
with 13, 14-year old kids? 
A. We are not very close. We don't talk 
very often. 
MR. CRITTON: Form. 
Q. But when you do talk to him, that 
conversation doesn't come up? 
A. No. 
Q. He went to jail. Did he ever tell 
you why he went to jail? 
A. No. 
Q. Are you familiar with the property at 
301 East 66th Street? 
A. Yes, I am. 
Q. Who owns that property? 
A. Dara Partners. 
Q. And what is Jeffrey Epstein's 
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EFTA00181528

Mark Epstein 
September 21, 2009 
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M. Epstein 
affiliation with that property? 
A. He rents some apartments in there. 
Q. How many apartments does Jeffrey 
Epstein rent at 301 East 66th Street? 
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? 
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EFTA00181529