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This is an FBI investigation document from the Epstein Files collection (FBI VOL00009). Text has been machine-extracted from the original PDF file. Search more documents →

FBI VOL00009

EFTA00231917

1120 pages
Pages 421–440 / 1120
Page 421 / 1120
RECYCLED PAPER 
TO REORDER CALL II= 
EFTA00232337
Page 422 / 1120
1 
IN THE CIRCUIT COURT OF THE 
FIFTEENTH JUDICIAL CIRCUIT 
r -I 
2 
IN AND FOR PALM BEACH COUNTY, FLORIDA 
CRIMINAL DIVISION 
3 
4 
5 
6• 
7 
8 
9 
STATE OF FLORIDA ) 
) 
vs 
) CASE NO. 06 CF9454AMB 
) 
08 9381CFAMB 
JEFFREY EPSTEIN 
. Defendant. 
) 
) 
) 
) 
PLEA CONFERENCE 
10 
11 
PRESIDING: HONORABLE DEBORAH DALE PUCILLO 
12 
APPEARANCES: 
13 
ON BEHALF OF THE STATE: 
BARRY E. KRISCHER, ESQUIRE 
14 
State Attorney 
401 North Dixie Highway 
15 
West Palm Beach, Florida 33401 
By: 
LANNA BELOHLAVEK, ESQUIRE 
16 
Assistant State Attorney 
17 
ON BEHALF OF THE DEFENDANT: 
ATTERBURY, GOLDBERGER & WEISS,P.A. 
18 
250 Australian Avenue South 
Suite 1400 
19 
West Palm Beach, Florida 33401 
By: JACK GOLDBERGER, ESQUIRE 
CERTIFIED COPY 
20 
21 
22 
23 
June 30, 2008 
24 
Palm Beach County Courthouse 
West Palm Beach, Florida 33401 
25 
Beginning at 8:40 o'clock, a.m. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232338
Page 423 / 1120
2 
A 
BE IT REMEMBERED that the following 
--------
proceedings were had in the above-entitled cause 
3 
before the HONORABLE DEBORAH DALE PUCILLO, one of 
4 
the judges of the aforesaid court, at the Palm 
5 
Beach County Courthouse, located in the City of 
6 
West Palm Beach, State of Florida on June 20, 2008.
7 
beginning at 8:40 o'clock, a.m. with appearances 
8 
as hereinbefore noted, to wit: 
9 
THEREUPON: 
10 
MR. GOLDBERGER: Good morning, Judge, 
11 
Jack Goldberger on behalf of Jeffrey 
12 
Epstein. 
13 
THE COURT: Good morning. 
14 
MR. GOLDBERGER: Your Honor, we are 
15 
here for a plea conference. 
16 
THE COURT: Raise your right hand. 
17 
THEREUPON: 
18 
JEFFREY EPSTEIN, 
19 
after being called as a witness by the Defense and 
20 
after being first duly sworn by the Court, was 
21 
examined and testified as follows: 
22 
THE DEFENDANT: Yes, ma'am. 
23 
THE COURT: 
Is this one case or two? 
24 
MS. BELOHLAVEK: Two. 
25 
THE COURT: May I see the PC 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232339
Page 424 / 1120
3 
1 
affidavit in both cases, please? 
2 
MS. BELOHLAVEK: There are no PC 
3 
4 
5 
affidavits. There was originally an 
Indictment, the second charge was filed 
arising out of the booking. It was all 
6 
testimony presented to the grand jury. 
7 
THE COURT: Let me see the Indictment 
B 
then? 
9 
10 
11. 
12 
I have one Indictment, one 
Information? 
MS. BELOHLAVEK: Correct. 
THE COURT: So one case is charged by 
13 
Indictment, one is charged by Information? 
14 
MS. BELOHLAVEK: Correct. 
15 
THE COURT: In case 2006036744 you 
16 
are charged with procuring a person under 
17 
18 for prostitution, a second degree 
18 
felony, maximum penalty of fifteen years 
19 
Department of Corrections; minimum, some 
20 
period of probation. No mandatory minimum 
21 
apply, is that correct, State? 
22 
MS. BELOHLAVEK: Correct. 
23 
THE COURT: And in case number 06 
24 
9454CF, you are charged with felony 
25 
solicitation to prostitution, a third 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232340
Page 425 / 1120
Y:k 
1 
degree felony, punishable by a maximum 
2 
penalty of five years in the Department of 
3 
Corrections, and a minimum, probation. No 
4 
mandatory minimums, correct? 
MS. BELOHLAVEK: Correct. 
6 
THE COURT: The defendant has no 
7 
prior criminal record? 
8 
MS. BELOHLAVEK: Correct. 
9 
MR. GOLDBERGER: Yes, Your Honor. 
10 
THE COURT: You checked the NCIC as 
11 
well as State records? 
12 
MS. BELOHLAVEK: Yes. 
13 
THE COURT: And the guideline score 
14 
sheet I have before me shows 21.5 months in 
15 
the Department of Corrections as the lowest 
16 
permissible prison sentence in months. 
17 
Both sides'agree to the preparation of the 
18 
guideline score sheet? 
19 
MR. GOLDBERGER: We so agree, Your 
20 
Honor. 
21 
MS. BELOHLAVEK: Yes. 
22 
THE COURT: What is proposed -- it 
4 
23 
goes on for pages. 
24 
MR. GOLDBERGER: Your Honor, much of 
25 
the documentation is acknowledgement by my 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232341
Page 426 / 1120
4 
5 
1 
client to community control, sex offender 
2 
status. 
3 
THE COURT: I understand. 
4 
Okay. What is proposed -- those 
• 
5 
are the maximums and minimums, Mr. Epstein. 
6 
What is proposed is that you will be 
7 
pleading guilty to felony solicitation to 
8 
prostitution and procuring a person under 
9 
18 for prosecution. A PSI would be waived, 
10 
you would be adjudicated guilty of both 
11 
felonies, is that correct? 
12 
MS. BELOHLAVEK: Correct. 
13 
THE COURT: And on 06 9454, the 
14 
defendant to be sentenced to 12-months in 
15 
the Palm Beach County -- detention 
16 
facility? He's going to do time in the 
17 
jail? 
18 
MS. BELOHLAVEK: Yes. 
19 
THE COURT: With credit for one day 
20 
served. And on 08 9381, he is to be 
21 
sentenced to six months in the Palm Beach 
22 
County jail detention facility, with credit 
23 
for one day served. And the six month 
24 
sentence is to be served consecutive to the 
25 
12 month sentence? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232342
Page 427 / 1120
6 
1 
MS. BELOHLAVEK: Correct.. 
2 
THE COURT: Following the six months 
3 
sentence, the defendant will be placed on 
4 
12-months of community control one. The 
7 
8 
conditions of the community control are 
attached hereto and incorporated herein. 
As a special condition of 
community control, he's to have no 
9 
unsupervised contact with minors and the 
10 
13. 
12 
supervising adult must be approved -- and I 
would say, pre-approved, approved ahead of 
time, not after the fact by the Department 
13 
of Corrections. And you would mean by that 
14 
his community control officer? 
15 
MS. BELOHLAVEK: Correct. 
16 
THE COURT: The defendant is 
17 
designated as a sexual offender pursuant to 
18 
Florida Statute 943.0435. and must abide by 
19 
all the corresponding requirements of the 
20 
statute, a copy of which is attached hereto 
21 
and incorporated herein. The defendant 
22 
must provide a DNA sample in court at the 
23 
time of this plea. Is this the -- 
and the 
24 
attachments are the terms and conditions of 
25 
community control. There are some 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232343
Page 428 / 1120
7 
1 
squiggles on the bottom of the page, what 
3 
4 
5 
6 
7 
would those squiggles be? 
MR. GOLDBERGER: Thank you, Your 
Honor, those are my client's signature 
acknowledging that we have gone over all 
the conditions. 
THE COURT: One page after the plea 
8 
sheet that really spells out the terms and 
9 
conditions of community control, Florida 
10 
Statute 948.101, Mr. Epstein, is that 
11 
squiggle at the bottom your squiggle? 
12 
THE DEFENDANT: Yes, ma'am. 
13 
THE. COURT: Would those be your 
14 
initials? 
15 
THE DEFENDANT: Yes, ma'am. 
16 
THE COURT: Did you read all of that 
17 
page? 
18 
THE DEFENDANT: Yes, ma'am. 
19 
THE COURT: Can you read? 
20 
THE DEFENDANT: Yes, ma'am. 
21 
THE COURT: 
How far did you go in 
22 
school? 
23 
THE DEFENDANT: High school. 
24 
THE COURT: That's your highest 
25 
degree? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232344
Page 429 / 1120
8 
1 
THE DEFENDANT: Yes. 
2 
THE COURT: And is this your 
3 
signature on the plea sheet that recites 
4 
the terms of the plea I just read? 
THE DEFENDANT: Yes, ma'am. 
6 
THE COURT: Did you read that 
7 
document as well? 
8 
THE DEFENDANT: Yes, ma'am. 
9 
THE COURT: You understand once you 
10 
do your 12 months followed by your six 
11 
months all in the Palm Beach County jail 
12 
you will then be put on community control 
13 
which involves having an electronic monitor 
14 
attached to you and --
15 
MR. GOLDBERGER: Actually Your Honor, 
16 
the agreement of the parties is to, its 
17 
community control one which is not monitor. 
18 
THE COURT: Oh, community control 
19 
one, is that spelled out in here? 
20 
MS. BELOHLAVEK: Yes. 
21 
MR. GOLDBERGER: Yes, it is, Your 
22 
Honor. 
23 
MS. BELOHLAVEK: He does not fall 
24 
under the Jessica Lunsford Act which 
25 
requires the bracelet. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232345
Page 430 / 1120
9 
1 
THE COURT: Community control two. 
/ ) 
2 
MS. BELOHLAVEK: Correct. 
3 
THE COURT: Community control one --
4 
that would be no electronic monitor? 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
MR. GOLDBERGER: That is correct. 
THE COURT: Now which of the terms 
and conditions of community control one are 
you incorporating? 
MR. GOLDBERGER: I can go through 
them with Your Honor. 
THE COURT: None of the them appear 
to be articulated in the plea sheet which 
is why I'm asking. 
MR. GOLDBERGER: These are the 
standard conditions of community control by 
statute would apply to anyone that goes on 
17 
community control and out of an abundance 
18 
of caution, we simply memorialized those 
19 
standard conditions in the plea sheet 
20 
agreement. 
21 
THE COURT: The Court shall require 
22 
intensive supervision and surveillance for 
23 
an offender placed on community control 
24 
which may include but is not limited to 
25 
specified contact with the parole and 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232346
Page 431 / 1120
10 
1 
probation officer, specified by who? 
2 
FIRITSATTON-1:5FTICECS-pecifiCd—by you, 
3 
Your Honor. 
4 
THE COURT: I don't see that in the 
5 
plea sheet. That's why I'm asking the 
6 
questions. No one has specified how often, 
7 
8 
9 
how frequently he is to have contact with 
his parole and probation officer. 
Confinement to an agreed upon residence 
10 
during the hours away from employment and 
11 
12 
13 
14 
15 
16 
17 
18 
19 
public service activity, has that been 
articulated? 
MS. BELOHLAVEK: I believe' 
Judge McSorley has a standard order 
somewhere on the bench up there regarding 
this, I'm told by the prosecutor. 
MS. LENHARDT: Judge, usually this is 
the probation sheet she hands out to folks. 
THE COURT: I have seen those 
20 
sheets -- I have seen them incorporated in 
21 
plea agreements which is why I'm asking. 
22 
MR. GOLDBERGER: I see. 
23 
THE COURT: Is there some reason you 
24 
didn't use this particular document in this 
25 
case? 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232347
Page 432 / 1120
11 
1 
MS. BELOHLAVEK: I didn't realize 
2 
3 
4 
5 
until Ms. Lenhardt just told me that Judge 
McSorley has that. 
MR. GOLDBERGER: We'd be happy to 
execute that document, Your Honor. We were 
6 
-- we overreacted by just having him sign 
7 
off on all conditions of community control. 
8 
THE COURT: Well, this is --
9 
MR.. GOLDBERGER: Perhaps the better 
10 
practice would be --
11 
THE COURT: This is, the reason 
Judge McSorley does this which makes 
ultimate sense is we're going to be here 
half the morning if we're going to decide 
among ourselves now what the --
MR. GOLDBERGER: That makes sense. 
17 
THE COURT: I'm not going to leave 
18 
this just unspecified. 
19 
MS. BELOHLAVEK: We can take care of 
20 
that right now if you could give us a few 
12 
13 
14 
15 
16 
21 
minutes. 
22 
THE COURT: All right. 
23 
These are the standard conditions 
24 
that Judge McSorley normally uses. If you 
25 
like them, you need to circle the ones that 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232348
Page 433 / 1120
12 
1 
apply and everyone must initial them. We 
2 
will go over it. If you wish to change 
3 
you understand there is quite a bit of 
4 
latitude given the court in putting 
5 
somebody on community control. If you 
6 
agree to some change, let me know, but 
7 
understand at the outset that I'm a big fan 
8 
of specificity. I want to know what he 
9 
will be doing for employment. I want to 
10 
know exactly where he is going to be living 
11 
and I want it on the record now. It can 
12 
change but it can only change with 
13 
preapproval by DOC. I want it crystal 
14 
clear. I don't want the community control 
15 
officer who gets this case the day he walks 
16 
out the Palm Beach County to have any doubt 
17 
or confusion as to exactly what this 
18 
defendant is supposed to do, where he is 
19 
supposed to be when, exactly what I am 
20 
requesting that officer to supervise. 
21 
MS. BELOHLAVEK: Absolutely. 
22 
THE COURT: Okay. 
23 
MR. GOLDBERGER: 
We will work on it. 
24 
Thank you, Your Honor. 
25 
THE COURT: We will recall that case. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232349
Page 434 / 1120
13 
1 
(Brief recess.) 
MR. GOLDBERbER: Your Honor, we are 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
back on Jeffrey Epstein, actually it 
worked, we had an opportunity to go through 
Judge McSorley's conditions of community 
control and we asked the Department of 
Corrections representative to assist us to 
make sure we did everything properly. 
They were very helpful and we executed the 
document. 
MS. BELOHLAVEK: Yes, and Your Honor, 
this defendant doesn't fall under the sex 
offender probation but we have included 
14 
special sex offender conditions as part of 
15 
the community control and they are all 
16 
circled there. 
17 . 
THE COURT: The plea agreement stated 
18 
the defendant is designated as a sexual 
19 
20 
21 
22 
23 
24 
25 
offender pursuant to Florida Statute 
942.035. 
MS. BELOHLAVEK: Correct. But the 
sex offender probation, the statute is 
different and only applies to certain 
offenses and this one was not enumerated. 
THE COURT: Okay. I want to make 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232350
Page 435 / 1120
14 
1 
sure both I and the defendant are clear. 
2 
3 
4 
5 
6 
7 
The sexual offender statute you are 
referring to in the plea sheet is the one 
that requires registration? 
MS. BELOHLAVEK: Correct. 
MR. GOLDBERGER: Correct. 
THE COURT: And we will talk about 
8 
that. 
9 
MR. GOLDBERGER: Okay. 
10 
THE COURT: But it is not the one 
11 
that requires the special conditions of sex 
12 
offender probation? 
13 
MS. BELOHLAVEK: Correct'. 
14 
THE COURT: Now, rather than 948, do 
15 
you want me to disregard 948? He's read 
16 
it?
17 
MS. BELOHLAVEK: He's read it. 
18 
THE COURT:  We will leave it in 
19 
there. But these conditions we are going 
20 
to go over right now are going to be viewed 
21 
in my mind, yes, and they have been signed 
22 
by the defendant and we will go over that 
23 
in a second as a part of the whole plea. 
24 
MS. BELOHLAVEK: Correct. 
25 
THE COURT: So circled are 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232351
Page 436 / 1120
15 
1 
conditions, A, you will remain confined to 
C..4 
2 
your residence exce t one half hour before
3 
and after your approved employment, 
4 
5 
6 
7 
community service work or any other 
activity approved by your probation 
officer. 
B, you will maintain an hourly 
8 
accounting of all your activities on a 
9 
10 
11 
daily log which you will submit to your 
supervising officer upon request. 
My understanding about the daily 
12 
log, maybe I'm just confused from other 
13 
cases I've heard, is the daily log is a 
14 
weekly log, I guess it is submitted ahead 
15 
of time, is that correct? 
16 
PROBATION. OFFICER: That is correct, 
17 
Your Honor. 
18 
THE COURT: So part A, where he has 
19 
to stay in his residence except for one 
20 
hour before and after the approved 
21 
employment, community service work and 
22 
other activity. All that's information 
23 
that will be recorded in writing and- the 
24 
defendant will have a copy and he will know 
25 
exactly where he is supposed to be when. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232352
Page 437 / 1120
16 
PROBATION OFFICER: 
That is correct, 
2 
Your Honor. 
3 
THE COURT: As will his supervising 
4 
probation officer. And.then to document 
that he's supposedly done all that he 
6 
himself will be keeping a daily log? 
7 
PROBATION OFFICER: That is correct, 
8 
Your Honor. 
9 
THE COURT: And the log form will be 
10 
provided by the department and he will be 
11 
turning that in every time he meets with 
12 
the probation officer? 
13 
PROBATION OFFICER: That is correct, 
14 
Your Honor. 
15 
THE COURT: Okay. So that applies 
16 
and F applies. Does E apply? No. 
17 
MS. BELOHLAVEK: Did I circle ET 
18 
THE COURT: No. F -- made one up, 
19 
the defendant will be residing at 358 El 
20 
Brillo Way, Palm Beach, Florida, 33480. He 
21 
knows now that that's where he will be 
22 
living when he is released after his 12 
23 
months and six months. 
24 
MR. GOLDBERGER: That is correct, 
25 
Your Honor. 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232353
Page 438 / 1120
17 
1 
THE COURT: That's a private 
2 
3 
4 
5 
6 
residence? 
MR. GOLDBERGER: That is his home. 
THE COURT: Does he own the 
residence? 
MR. GOLDBERGER: He does, Your Honor. 
7 
THE COURT: Is there any possibility 
8 
that he no longer owns the residence? 
9 
10 
11 
MR. GOLDBERGER: Not anticipated, 
Your Honor. 
THE COURT: Okay. Should he not be 
12 
for whatever reason -- 18-months is a long 
13 
time, should he not be owning that 
14 
residence or able to reside there, he will 
15 
have the obligation of notifying his 
16 
probation officer prior, and I emphasize 
17 
• 
this, prior to his release from custody. I 
18 
assume that the department will be notified 
19 
prior to, to his release? 
20 
PROBATION OFFICER: That is correct, 
21 
Your Honor. 
22 
THE COURT: And then you would need 
23 
to send someone to meet with him before he 
24 
walks out of the Palm Beach County jail and 
25 
verify his address and employment 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232354
Page 439 / 1120
18 
1 
information? 
2 
PROBATION OFFICER: That is correct. 
3 
THE COURT: All address -- I assume 
4 
all of this, to and from work and any other 
5 
approved activities restricts him to Palm 
6 
Beach County, is that correct? 
7 
PROBATION OFFICER: That is correct, 
8 
Your Honor. 
9 
THE COURT: So let's be clear, 
10 
everything, from the day he walks out 
11 
occurs in Palm Beach County, is that clear? 
12 
MR. GOLDBERGER: We understand, Your 
13 
Honor. That's correct. 
14 
THE COURT: Then the additional 
15 
condition of his probation, they are not 
16 
sex offender standard conditions, they are 
17 
just conditions that are being imposed 
18 
especially in this case? 
19 
MS. BELOHLAVEK: Correct. 
20 
THE COURT: They are as follows, you 
21 
shall submit to a mandatory curfew from 10 
22 
p.m. to  6:00 a.m. regardless of any other 
23 
restrictions regarding work or approved 
24 
activity, there will be no exceptions to 
25 
being at home in house from 10 p.m. to 6 
1 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232355
Page 440 / 1120
19 
1 
2 
a.m., is that correct? 
MS. BELOHLAVEK: Yes. 
7-7,1
3 
THE COURT: If the victim was under 
4 
age of 18 years which I gather is the case 
because it's circled, you shall not live 
6 
within 1000 feet of a school, day care 
7 
center, park, playground or other place 
8 
where children regularly congregate. 
9 
Hai someone verified that 358 El 
10 
Brillo is such a place? 
11 
MS. BELOHLAVEK: No, but that will be 
12 
done prior to his release. 
13 
THE COURT: So 358 El Brillo will not 
14 
be approved if it should happen to be one 
15 
thousand feet from a school, day care 
16 
center, park, playground or other place 
17 
this is rather open. 
18 
MR. GOLDBERGER: Where children 
19 
gather. 
20 
THE COURT: Where children regularly 
21 
congregate. 
22 
MS. BELOHLAVEK: Right. 
23 
---TEE COURT: The Court knows 358 El 
24 
Brillo Way is a residential neighborhood, 
25 
are there areas there where children 
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 
EFTA00232356
Pages 421–440 / 1120