EFTA00230786

• 
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 
EFTA00231246

30 
1 
THE COURT: Okay. 
2 
MS. BELOHLAVEK: Those are 
3 
duplicates, you will see those are the same 
4 
5 
6 
as the ones on the previous page, however, 
it was reproduced. 
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 
EFTA00231247

31 
1 
be done within 48 hours? 
You shall not obtain or use a post 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
office box without prior approval of the 
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 s added to 
victim, and G, we struck out the otherwise 
16 
indicated language. Otherwise, it is as 
17  
you agreed. 
18 
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 
EFTA00231248

32 
1 
you choose -- or defense and the State 
2 
to
her, wfly—TiThave monChrin CNT—Paam 
3 
Beach County jail followed by six months? 
4 
Why not just send him to DOC? 
5 
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 positions 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 reauirement 
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 
EFTA00231249

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: ■ 
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 
EFTA00231250

34 
1 
he has to do is the official State of 
2 
Florida reg stYrtir 
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. 
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 
EFTA00231251

35 
1 
THE COURT: And if my experience the 
2 
ITNE—tew months 3.75—al any value, they are 
3 
very serious about enforcing this. They 
4 
will be tracking you for the rest of your 
5 
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 
10 
11 
registering, they will find and you will be 
locked up. 
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 
EFTA00231252

36 
1 
THE DEFENDANT: No, ma'am. 
2 
THE —CDURT7--NUMMIly -TWKing any 
3 
4 
5 
6 
7 
prescribed medication? 
THE DEFENDANT: Only for cholesterol. 
THE COURT: Does that interfere with 
your mental ability? 
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 
right to confront and cross examine, do you 
14 
understand you have a right to call 
15 
witnesses of your own and the court would 
16 
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 
EFTA00231253

37 
1 
could subject you to deportation pursuant 
flaws and regu aeions governing CUSS` 
3 
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 
10 
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 
United States Immigration and 
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 
EFTA00231254

38 
1 
on that, Your Honor? 
3 
THE COURT: IL i's--gokng—ta—b 
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 
AY-N1
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, / 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 
EFTA00231255

39 
1 
nonprosecution agreement --
) 
firszronnvErr.---Th—erareann 
that 
3 
out. 
4 
THE COURT: Mr. Epstein needs to come 
5 
closer. 
6 
7 
8 
yr. Epstein, your attorney has 
told me that in addition to everything, we 
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 
EFTA00231256

40 
1 
agreement very carefully spelled out if 
 2 
 
there- was-a breach- thwt- won₹d viplatt 
3 
agreement, II we are well aware of it. 
4 
THE COURT: Okay. I would request 
5 
that a sealed copy of that 
Mr. Epstein 
6 
has signed that document? 
7 
MR. GOLDBERGER: Yes, I would.like to 
8 
seal the copy. 
9 
THE COURT: I want a sealed copy of 
10 
that filed in this case. That is the only 
11 
other condition of the agreement that is 
12 
influencing this defendant to make this 
13 
decision? 
14 
MR. GOLDBERGER: Absolutely. I think 
15 
that's the right idea. 
16 
(Return to open court.) 
17 
THE COURT: Mr. Epstein, is there 
18 
anything else? 
19 
THE DEFENDANT: No, ma'am. 
20 
THE COURT: Because I don't take 
21 
these pleas unless they are freely and 
22 
voluntarily made. 
23 
THE DEFENDANT: I understand that. 
24 
THE COURT: I also don't want 
25 
somebody or anybody coming back a year, 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231257

41 
1 
2 
3 
two years from now saying, oh no, no; they 
beat me over rers—Azat or if there is 
anything else that is influencing you to 
4 
make this decision, then I need to know 
5 
about it. 
6 
THE DEFENDANT: I understand that. 
7 
MR. GOLDBERGER: Thank you. 
8 
THE DEFENDANT: Thank you very much, 
9 
Your Honor. 
10 
(Return to open court.) 
11 
THE COURT: All right, Mr. Epstein, 
12 
any questions about the rights you are 
13 
giving up by entering this plea? 
14 
THE DEFENDANT: No ma'am. 
15 
THE COURT: State, please give me a 
16 
factual basis. 
17 
MS. BELOHLAVEK: In 069454 CF AMB, 
18 
between August 1, 2004 and October 31, 
19 
2005, the defendant in Palm Beach County 
20 
did solicit or procure someone to commit 
21 
prosecution on three or more occasions. 
22 
And in 08 CF 9381 CF AMB between 
23 
August 1, 2004 and October 9, 2005, the 
24 
defendant did procure a minor under the age 
25 
of 18 to commit prostitution in Palm Beach 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231258

42 
1 
County also. 
2 
THE—tUURTT--I —Tind a sufficient 
3 
factual basis to support the pleas. 
4 
Are all of the victims in both of 
5 
these cases in agreement with the terms of 
6 
this plea? 
7 
MS. BELOHLAVEK: I have spoken to 
8 
several myself and I have spoken to 
9 
10 
13. 
counsel, through counsel as to the other 
victim, and I believe, yes. 
THE COURT: And with regard to the 
12 
victims under age eighteen, is that 
13 • 
victim's parents or guardian in agreement 
14 
with the plea? 
15 
MS. BELOHLAVEK: That victim is not 
16 
under age 18 any more and that's why we 
17 
spoke with her counsel. 
18 
THE COURT: And she is in agreement 
19 
with the plea? 
20 
MS. BELOHLAVEK: Yes. 
21 
THE COURT: And community control 
22 
will be given information concerning how to 
23 
contact these victims? 
24 
MS. BELOHLAVEK: Yes. 
25 
THE COURT: Confidentially. That 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231259

43 
1 
2 
3 
4 
6 
7 
8 
information will not be related to the 
 crefendanC—MC —WlETrUZ€ZI excrff-gr761-7 —fdY 
purposes of verifying compliance with this 
agreement? 
MS. BELOHLAVEK: Yes. 
THE COURT: Is there anything else 
from anybody else before I accept this 
plea? 
9 
MR. GOLDBERGER: No, Your Honor. 
10 
THE COURT: Mr. Goldberger, if it is 
11 
your desire, you may enter your client's 
12 
plea. 
13 
MR. GOLDBERGER: Thank you, Your 
14 
Honor, at this time we would withdraw our 
15 
previously entered pleas of not guilty, 
16 
enter pleas of guilty pursuant to 
17 
negotiations with the State. 
18 
THE COURT: Mr. Epstein, I am going 
19 
to accept those pleas on your behalf. I 
20 
find you are intelligent, alert, you 
21 
understand what is going on here and the 
22 
consequence of entering this plea, you are 
23 
doing it freely and voluntarily. 
24 
Pursuant to the plea, I am waiving 
25 
a PSI, I will sentence you at this time 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231260

44 
1 
pursuant to it. I will adjudicate you 
12— 
 
gufrE7- 51— feliniy sorfol-t—ation of 
3 
prostitution, a third degree felony, case 
4 
number 06 CF 00945A -- 454 AMB, and 
5 
procuring a person under 18 for 
6 
prostitution, a second degree felony 08 CF 
7 
009381AMB. 
8 
With respect to the solicitation 
9 
of prosecution, I will sentence you to 
10 
twelve months in the Palm Beach County 
11 
detention facility with credit for the one 
12 
day served. 
13 
With respect to 08 CF 009381, 
14 
will sentence you to six months in the Palm 
15 
Beach County detention facility, with 
16 
credit for the one day served. That six 
17 
month sentence is to be served consecutive 
18 
to the twelve month sentence. 
19 
Following the six month sentence 
20 
you will be placed on 12 months of 
21 
community control. That will be on both 
22 
cases, I assume, to run concurrently, 
23 
correct? 
24 
MS. BELOHLAVEK: Only on the 08 case. 
25 
THE COURT: Only on the second degree 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231261

45 
1 
felony? 
2 
----MS. ffELUHLAVEK: Correct, 
the one 
3 
that designates him a sexual offender. 
4 
THE COURT: Okay. II only on case 
5 
number 08 CF 009381AMB will you be on one 
6 
year community control which would then 
7 
invoke a potential penalty of fifteen years 
8 
were you to violate. 
9 
The special conditions are that 
10 
you are to have no unsupervised contact 
11 
with minors and the supervising adult must 
12 
be approved by the Department of
13 
Corrections. You are to be designated a 
14 
sexual offender pursuant to Florida Statute 
15 
943.0435 and you must abide by all 
16 
requirements of that statute which I have 
17 
read and we have discussed. 
18 
You will remain confined to your 
19 
residence except one half hour before and 
20 
after your approved employment, community 
21 
service work or other activities approved 
22 
by your probation officer. You will 
23 
maintain an hourly accounting of all your 
24 
activity on a daily log which you submit to 
25 
the supervising officer upon request. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231262

46 
4.
1 
1)
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
You will be residing at 358 El 
Weach, Ftarkda-11480. 
Should you desire to move or go to a 
different location upon release from 
custody, you will get preapproval of that 
location from the Department of 
Corrections. You will have to contact your 
community control officer a minimum of once 
a week, it can be more often at their 
discretion and you are to work at the 
Florida Science Foundation at 250 
Australian Avenue in West Palm Beach, 
Florida. You will submit to a mandatory 
curfew of 10 p.m. to 6 a.m. 
You shall not live within a 
thousand feet of a school, day care center, 
park, playground or other place where 
18 
children congregate. You shall not have 
19 
any contact with the victims, directly or 
20 
indirectly including through a third person 
21 
unless approved by victim's therapist and 
22 
the sentencing court. 
23 
You shall not work for pay or as a 
24 
volunteer at any school, day care center 
25 
park, play ground, other place where 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231263

47 
1 
children may congregate. You shall not 
2 
v±ewTawn—ar possess—a-ny—obmteare 
3 
pornographic or sexually stimulating or 
4 
visual, auditory material including 
5 
telephone, electronic media, computer 
6 
programs, computer services that are 
7 
relevant to deviant behavior. 
8 
You shall submit two specimens of 
9 
blood to Florida Department of Law 
10 
11 
12 
Enforcement to be registered with the DNA 
data bank. You shall submit to a 
warrantless search by the probation officer 
13 
or community control officer of your 
14 
person, residence or vehicle. 
15 
You shall maintain a driving log. 
16 
You shall not drive a motor vehicle while 
17 
alone without prior approval of the 
18 
supervising officer. 
19 
You shall submit to, at 
20 
probationer or community control expense a 
21 
HIV test, the result of which is to be 
22 
released to the victims or victim's parent 
f
I 
23 
or guardian. That has to be done within 48 
24 
hours. 
25 
You shall not obtain or a use post 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231264

C. 
5 
15 
1 
office box without the prior approval of 
2 
the—sugeivd-simg—cffrcer. 
48 
3 
MS. BELOHLAVEK: You forgot one that 
4 
you may not possess, own or view sexually 
5 
stimulating -- I don't believe you read 
6 
that outloud just now. 
7 
THE COURT: Yes, I did. 
8 
MS. BELOHLAVEK: I'm .sorry, I didn't 
9 
hear it. I just wanted to make sure. 
10 
THE COURT: And the warrantless 
11 
search by the community control officer of 
12 
the person, residence or vehicle --
13 
understand the person, residence or vehicle 
\_) 
14 
includes anything you might possess like 
15 
computer, a cell phone and whatever other 
16 
elaborate devices there are to communicate 
17 
electronically these days, okay. Good 
18 
luck. 
19 
MR. GOLDBERGER: Thank you. 
20 
MS. BELOHLAVEK: Thank you. 
21 
THE COURT: Is there a judgment? 
22 
MR. GOLDBERGER: Yes, there should. be 
23 
judgments. 
24 
THE COURT: Was there a condition of 
25 
community control that he pay or is he 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00231265