Document 14

Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 1 of 18 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 7/15/19 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Government, 19 CR. 490 (RMB) - against - JEFFREY EPSTEIN, Defendant. ORDER The Clerk is respectfully requested to docket the enclosed documents which were discussed at today's bail hearing. Dated: New York, New York July 15, 2019 RMB RICHARD M. BERMAN U.S.D.J. DOJ-OGR-00000366 --- PAGE BREAK --- Case 21-770, Document 14, 04/01/2021, 3068185, Page1 of 1 NOTICE OF APPEARANCE FOR SUBSTITUTE, ADDITIONAL, OR AMICUS COUNSEL Short Title: United States of America v. Maxwell Docket No.: 21-770/21-58 Substitute, Additional, or Amicus Counsel's Contact Information is as follows: Name: David Oscar Markus Firm: Markus/Moss PLLC Address: 40 NW Third Street, PH 1, Miami, Florida 33128 Telephone: (305)379-6667 Fax: (305)379-6668 E-mail: dmarkus@markuslaw.com Appearance for: Ghislaine Maxwell Select One: Substitute counsel (replacing lead counsel: ____________________ (name/firm) Substitute counsel (replacing other counsel: ____________________ (name/firm) Additional counsel (co-counsel with: Christian R. Everdell/Cohen & Gresser LLP (name/firm) Amicus (in support of: ____________________ (party/designation) CERTIFICATION I certify that: I am admitted to practice in this Court and, if required by Interim Local Rule 46.1(a)(2), have renewed my admission on ____________________ OR I applied for admission on ____________________ Signature of Counsel: ____________________ David Oscar Markus Type or Print Name: David Oscar Markus DOJ-OGR-00000908 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 14 Filed 07/08/20 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff, v. GHISLAINE MAXWELL, Defendant. 20-CR-330-AJN NOTICE OF APPEARANCE PLEASE TAKE NOTICE that the undersigned attorney, Laura A. Menninger, who is a member in good standing of the bar of this Court, hereby appears as counsel for Defendant Ghislaine Maxwell in the above-captioned proceeding. Dated: Denver, Colorado July 8, 2020. Respectfully submitted, /s/ Laura A. Menninger Laura A. Menninger (LM-1374) HADDON, MORGAN AND FOREMAN, P.C. 150 East 10th Avenue Denver, CO 80203 Phone: 303.831.7364 Fax: 303.832.2628 lmenninger@hmflaw.com Attorney for Ghislaine Maxwell DOJ-OGR-00001548 --- PAGE BREAK --- Case 21-58, Document 14, 01/26/2021, 3021115, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 DEBRA ANN LIVINGSTON CHIEF JUDGE CATHERINE O'HAGAN WOLFE CLERK OF COURT Date: January 26, 2021 Docket #: 21-58 DC Docket #: 1:20-cr-330-1 Short Title: United States of America v. Maxwell DC Court: SDNY (NEW YORK CITY) DC Judge: Nathan NOTICE OF DEFECTIVE FILING On January 25, 2021 the Acknowledgment and Notice of Appearance, on behalf of the Appellant, was submitted in the above referenced case. The document does not comply with the FRAP or the Court's Local Rules for the following reason: Failure to submit acknowledgment and notice of appearance (Local Rule 12.3) Failure to file the Record on Appeal (FRAP 10, FRAP 11) Missing motion information statement (T-1080 - Local Rule 27.1) Missing supporting papers for motion (e.g., affidavit/affirmation/declaration) (FRAP 27) Insufficient number of copies (Local Rules: 21.1, 27.1, 30.1, 31.1) Improper proof of service (FRAP 25) Missing proof of service Served to an incorrect address Incomplete service (Anders v. California 386 U.S. 738 (1967)) Failure to submit document in digital format (Local Rule 25.1) Not Text-Searchable (Local Rule 25.1, Local Rules 25.2), click here for instructions on how to make PDFs text searchable Failure to file appendix on CD-ROM (Local Rule 25.1, Local Rules 25.2) Failure to file special appendix (Local Rule 32.1) Defective cover (FRAP 32) Incorrect caption (FRAP 32) Wrong color cover (FRAP 32) Docket number font too small (Local Rule 32.1) Incorrect pagination, click here for instructions on how to paginate PDFs (Local Rule 32.1) Incorrect font (FRAP 32) Oversized filing (FRAP 27 (motion), FRAP 32 (brief)) Missing Amicus Curiae filing or motion (Local Rule 29.1) Untimely filing DOJ-OGR-00019740 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 1 of 12 1 JBJKNOEN 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------x 3 UNITED STATES OF AMERICA, 4 v. 19 CR 830 (AT) (SN) 5 TOVA NOEL, MICHAEL THOMAS, 6 Defendants. ----------------------------------------------------x New York, N.Y. November 19, 2019 3:54 p.m. Before: HON. SARAH NETBURN, Magistrate Judge APPEARANCES GEOFFREY S. BERMAN, United States Attorney for the Southern District of New York NICOLAS ROOS REBEKAH DONALESKI Assistant United States Attorneys JASON FOY Attorney for Defendant Noel MONTEL FIGGINS Attorney for Defendant Thomas SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021959 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 2 of 18 SORA HEARING page 1 SUPREME COURT NEW YORK COUNTY TRIAL TERM PART 66 THE PEOPLE OF THE STATE OF NEW YORK : INDICTMENT # 30129/2010 AGAINST JEFFREY EPSTEIN Defendant. SORA HEARING 111 Centre Street New York, New York 10013 January 18, 2011 BEFORE: HONORABLE RUTH PICKHOLZ Justice of the Supreme Court APPEARANCES: For the People: CYRUS R. VANCE, JR., ESQ. New York County District Attorney One Hogan Place New York, New York 10013 BY: JENNIFER GAFFNEY, ESQ. Assistant District Attorney For the Defense: KIRKLAND & ELLI, LLP 153 East 53rd Street New York, New York 10022 BY: JAY LEFKOWITZ, ESQ. SANDRA MUSUMECI, ESQ. Vikki J. Benkel Senior Court Reporter Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000367 --- PAGE BREAK --- Case 21-58, Document 14, 01/26/2021, 3021115, Page2 of 2 X Incorrect Filing Event X Other: You must use the event Acknowledgment and Notice of Appearance, filed. Please cure the defect and resubmit the document, with the required copies if necessary, no later than N/A. The resubmitted documents, if compliant with FRAP and the Local Rules, will be deemed timely filed. Failure to cure the defect by the date set forth above will result in the document being stricken. An appellant's failure to cure a defective filing may result in the dismissal of the appeal. Inquiries regarding this case may be directed to 212-857-8577. DOJ-OGR-00019741 --- PAGE BREAK --- Case 22-1426, Document 14, 07/15/2022, 3348523, Page2 of 7 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT UNITED STATES OF AMERICA, -v.- GHISLAINE MAXWELL, Defendant-Appellant. BOBBI C. STERNHEIM, ESQ. declares under penalty of perjury, pursuant to 28 U.S.C. §1746, as follows: 1. I am the attorney assigned by the Court to continue representation of appellant Ghislaine Maxwell on appeal and make this declaration in support of a motion to be relieved. 2. I was retained to represent Ms. Maxwell in the United States District Court for the Southern District of New York in connection with Indictment No. 20 Cr. 330 (AJN). Following jury trial, Ms. Maxwell was convicted of violations of 18 U.S.C. 371, 1591, and 2423. 3. On June 28, 2022, the district court sentenced Ms. Maxwell to a term of imprisonment of 20 years, followed by a five-year term of supervised release, and imposed a fine of $750,000.00. Detained since the date of arrest, Ms. Maxwell is presently serving her sentence. 1 DOJ-OGR-00020583 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 2 of 12 2 1 (Case called) 2 MR. ROOS: Good afternoon, your Honor. Nicolas Roos 3 and Rebekah Donaleski for the United States. 4 THE COURT: Thank you. 5 MR. FOY: May it please the Court, your Honor, my name 6 is Jason Foy, attorney for Ms. Tovah Noel, standing to my left. 7 Good afternoon, your Honor. 8 THE COURT: Good afternoon. Thank you. Good 9 afternoon. 10 MR. FIGGINS: Good afternoon, your Honor. Montel 11 Figgins, from the Law Offices of Montel Figgins, on behalf of 12 Michael Thomas, who's standing to my left. 13 THE COURT: Thank you. Good afternoon to all of you. 14 My name is Judge Netburn. 15 Can I have the date and time of the defendants' 16 arrests? 17 MR. ROOS: Both defendants self-surrendered to the FBI 18 this morning at approximately 10:00 a.m. 19 THE COURT: Thank you. 20 The purpose of today's proceeding is to advise you of 21 certain rights that you have, inform you of the charges against 22 you, consider whether counsel shall be appointed for you, and 23 decide under what conditions, if any, you shall be released. 24 I'm now going to explain certain constitutional rights 25 that you have. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021960 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 3 of 18 SORA HEARING page 2 1 COURT CLERK: This is number two on the calendar, 2 matter of Jeffrey Epstein. 3 Your appearances please. 4 MS. GAFFNEY: Jennifer Gaffney for the People. 5 Good afternoon, Your Honor. 6 MR. LEFKOWITZ: Jay Lefkowitz and Sandra Musumeci 7 for Mr. Epstein. 8 THE COURT: Mr. Epstein is not here. 9 MR. LEFKOWITZ: That's correct. 10 THE COURT: Are you waiving his appearance? 11 MR. LEFKOWITZ: Yes. 12 MS. GAFFNEY: Your Honor, this case is on for a 13 SORA hearing this afternoon. 14 The People did receive the board's recommendation 15 of a Level Three. However, we received the underlying 16 information from them and also had some contact with 17 Florida, and we don't believe that we can rely on the entire 18 probable cause affidavit. 19 I don't know if the board sent that to you as 20 well. 21 THE COURT: I don't know why you cannot rely on 22 it. 23 MS. GAFFNEY: Because in Florida of all of the 24 victims in that probable cause affidavit, they actually only 25 went forward on one case. There was only an indictment for Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000368 --- PAGE BREAK --- Case 22-1426, Document 14, 07/15/2022, 3348523, Page3 of 7 4. I represented Ms. Maxwell throughout prosecution of her district court case, including jury trial and sentencing. On July 7, 2022, I timely filed her Notice of Appeal. (See Exhibit A.) 5. I have not been retained to represent Ms. Maxwell on appeal, as indicated on the Notice of Appeal. (See Id.) 6. I am informed that Hon. John M. Leventhal (Ret.) of Aidala, Bertuna & Kamins, PC has been retained to represent Ms. Maxwell on appeal and will be filing notice of appearance today. 7. Since new counsel has been retained to represent Ms. Maxwell on appeal, I move to be relieved. WHEREFORE, it is respectfully requested that the Court relieve Bobbi C. Sternheim, Esq. as continued counsel on appeal for appellant Ghislaine Maxwell. I declare under penalty of perjury that the foregoing is true and correct. Executed on: July 15, 2022. Bobbi C. Sternheim BOBBI C. STERNHEIM 2 DOJ-OGR-00020584 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 3 of 12 3 JBJKNOEN You have the right to remain silent. You are not required to make any statements. Even if you have already made statements to the authorities, you need not make any further statements. Any statements that you do make can be used against you. You have the right to be released, either conditionally or unconditionally, pending trial unless I find that there are no conditions that would reasonably assure your presence in court or the safety of the community. You have the right to be represented by an attorney during all court proceedings, including this one and during all questioning by the authorities. If you cannot afford an attorney, I will appoint one to represent you. I understand that each of you has retained private counsel. If at any point in time you run out of money and you are unable to afford counsel, you can petition the Court to appoint counsel at the government's expense and at no cost to you. You both have been charged in a six-count indictment, and I will just state that I understand that Judge Torres has referred this not just for presentment but also for arraignment. MR. ROOS: That's correct, your Honor. THE COURT: The defendants have both been charged in a six-count indictment. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021961 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 4 of 18 SORA HEARING page 3 1 one victim and that is what the defendant plead to. 2 3 So it is unlike a situation where everything was indicted and then we get to sort of assess points for all of 4 the victims, if it was part of a plea bargain. They did not actually choose to go forward on any except for the one 5 victim. 6 7 So under the board guidelines, the risk assessment interim guidelines, it actually says, you know, by way of 8 contrast if an offender is not indicted for an offense, it 9 is strong evidence that the offense did not occur and I don't think -- 10 11 THE COURT: Do you find that if somebody is not indicted it is strong evidence that it did not occur? 12 13 MS. GAFFNEY: I don't know that we can rely on it as clear and convincing evidence if the prosecutor's office 14 never went forward on it. The prosecution said that the victims, although they spoke to the police early on, did not 15 cooperate with them. So we don't have any follow up information. 16 17 THE COURT: But the board found a Level Three. 18 I have to tell you, I am a little overwhelmed because I have never seen the prosecutor's office do 19 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 20 wish I had the case before me, but he went to a bar and a 17 Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000369 --- PAGE BREAK --- Case 22-1426, Document 14, 07/15/2022, 3348523, Page4 of 7 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing motion with exhibit was served on the following: AUSA Maurene Comey AUSA Andrew Rohrbach One Saint Andrew's Plaza New York, NY 10007 maurene.comey@usdoj.gov andrew.rohrbach@usdoj.gov (via email) Ghislain Maxwell 02879-509 (Defendant-Appellant) MDC-Brooklyn Metropolitan Detention Center PO Box 329002 Brooklyn, NY 11232 (via U.S. mail- postage prepaid) Hon. John M. Leventhal (Ret.) Aidala, Bertuna & Kamins PC 546 5th Avenue New York, NY 10036 judgeleventhal@aidalalaw.com (via email) Dated: New York, NY July 15, 2022 /s/ BOBBI C. STERNHEIM 3 DOJ-OGR-00020585 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 4 of 12 4 1 Count One charges the defendants with conspiracy in 2 violation of Title 18 of United States Code, Section 371. And 3 Counts Two through Six each charge an individual act of false 4 records in violation of Title 18, United States Code, Sections 5 1001(a)(3) and (2). 6 Let me ask, Ms. Noel, have you received a copy of this 7 indictment? 8 DEFENDANT NOEL: Yes, your Honor. 9 THE COURT: Have you had an opportunity to review it 10 and discuss the charges with your lawyer? 11 DEFENDANT NOEL: Yes, your Honor. 12 THE COURT: Would you like me to read the indictment 13 to you in open court? 14 DEFENDANT NOEL: No, thank you. 15 THE COURT: How do you plead to the charges? 16 DEFENDANT NOEL: Not guilty. 17 THE COURT: Thank you. 18 DEFENDANT NOEL: You're welcome. 19 THE COURT: Mr. Thomas, I'm going to ask you the same 20 questions. 21 Have you received a copy of the indictment? 22 DEFENDANT THOMAS: Yes, your Honor. 23 THE COURT: Have you had an opportunity to read the 24 indictment and discuss the charges with your lawyer? 25 DEFENDANT THOMAS: Yes, your Honor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021962 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 5 of 18 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 Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000370 --- PAGE BREAK --- Case 22-1426, Document 14, 07/15/2022, 3348523, Page5 of 7 EXHIBIT A DOJ-OGR-00020586 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 5 of 12 5 JBJKNOEN 1 THE COURT: Would you like me to read the indictment 2 to you in open court? 3 DEFENDANT THOMAS: No, your Honor. 4 THE COURT: How do you plead to the charges? 5 DEFENDANT THOMAS: Not guilty, your Honor. 6 THE COURT: Thank you. Be seated. 7 Have the parties discussed an appropriate bail 8 package? 9 MR. ROOS: Yes, your Honor. 10 THE COURT: Shall we begin with Ms. Noel? 11 MR. ROOS: Certainly, your Honor. I actually think 12 the bail packages are nearly identical with the exception of 13 one or two conditions that are set forth in the pretrial 14 services report, so maybe I'll first give your Honor all of the 15 conditions that are the same for each of the defendants and I 16 will note the variation at the end. 17 For both defendants, it's $100,000 bond, secured by 18 two financially responsible persons and their own signature; 19 pretrial supervision, as directed; surrender of travel 20 documents, and no new applications; no contact with 21 codefendants; surrender of firearms. 22 For travel restrictions, for Defendant Thomas, it will 23 be Southern District of New York, Eastern District of New York, 24 and the District of New Jersey. 25 And for Defendant Noel, it will be Southern District SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021963 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 6 of 18 SORA HEARING page 5 1 were indicted. So I don't know. 2 THE COURT: And you spoke to the prosecutor? 3 MS. GAFFNEY: The actual prosecutor left the 4 office. I spoke to the prosecutor that took over the case. 5 THE COURT: Maybe you can find the prosecutor that 6 left the office. 7 8 You have done more in other cases looking into it. 9 I have never seen the prosecutor's office do this. I have 10 to tell you, I am shocked. 11 MS. GAFFNEY: Right, but I spoke to the prosecutor 12 that took over the case and they don't have anything, any 13 affidavits, any statements, any notes. 14 THE COURT: Why don't you speak to the prosecutor 15 that did do the case, I am sure you could find that 16 prosecutor. 17 MS. GAFFNEY: I can find her, but based upon what 18 the other prosecutor said, they did not speak to that 19 prosecutor either. 20 THE COURT: You did not speak to the prosecutor 21 yourself, you did not speak to them, that is hearsay. You 22 did not speak to the prosecutor that handled the case. 23 MS. GAFFNEY: That's right. 24 THE COURT: I don't think you did much of an 25 investigation here. MS. GAFFNEY: I mean I called the prosecutor. Vikki J. Benkel Senior Court Reporter --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 6 of 12 6 JBJKNOEN of New York, Eastern District of New York, District of New Jersey, and the Eastern District of Pennsylvania. And then the special conditions that are set forth in the pretrial reports, it's condition number 4, relating to use of alcohol for Defendant Thomas, and condition 7 for Defendant Noel, which relates to mental health evaluation and treatment as directed by pretrial services. And, finally, your Honor, that they be both released today on their own signature. THE COURT: And how long do the parties propose to satisfy the balance of the conditions? MR. ROOS: A week is appropriate, your Honor, for the two cosigners. THE COURT: Any objection from defendants? MR. FIGGINS: No, your Honor. MR. FOY: There is one. THE COURT: Okay. MR. FOY: Before today's proceedings, we did have an agreement on the terms of release. And, of course, as part of that process, pretrial services is involved and they're not necessarily privy to the terms of our agreement. And I understand that we've added some things that were not part of the agreement, and I'm fine with that. But there's one condition I'm not fine with and I'd like your Honor to consider. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021964 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 7 of 18 SORA HEARING page 6 1 Even though the first prosecutor left, presumably the 2 prosecutor's office has the file. 3 THE COURT: I would still call the prosecutor. 4 MS. GAFFNEY: Anything from these women they would 5 have forwarded it to us. 6 THE COURT: I don't know that, I think you have to 7 speak to the prosecutor. 8 But be that as it may, I hear your argument. 9 Anything else? 10 MS. GAFFNEY: I mean that is why I don't think we 11 can, I don't think we are entitled to rely on this because 12 they did not go forward. 13 THE COURT: The board made a recommendation. 14 MS. GAFFNEY: Correct. 15 MS. MUSUMECI: May I speak, Your Honor? 16 THE COURT: Yes. 17 MS. MUSUMECI: Good afternoon. 18 I would like to bring a few additional points to 19 Your Honor's attention that don't come across in the board 20 recommendation. 21 The first is that Mr. Epstein is not a resident of 22 New York, unlike most of these out of state, he has not 23 changed his address and moved to New York, he maintains a 24 vacation home in New York. His primary residence is the 25 U.S. Virgin Islands. Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000372 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 7 of 12 7 JBJKNOEN With regards to the surrender of firearm, I'm asking that your Honor not make that a requirement of her release. I ask that because - in this nonviolent allegation, in which no firearm was involved, with a history of having no criminal record of any kind or any history of violence - she, who legally possesses and has a permit for the firearm, should still be able to possess her firearm because she's not a convicted felon and someone who's not permitted to do so. She's -- THE COURT: Is that a duty firearm or personal use? MR. FOY: Personal. So that's the only issue that I have, because I think that at this time, to sacrifice that right that she legally has, and has complied with everything that it means to have that firearm, that she still be able to do so. I could imagine that there could be an argument about safety of others; however, there's nothing to really corroborate the fact that her continuing to possess her firearm, just like she has in the past, would actually endanger anyone. We voluntarily surrendered. We participated in a pretrial interview. There's just no reason for it, other than probably a policy that says that's what they would like to do. Now, it's a meaningful one, I'm not saying that it's a bad thing, but under the unique circumstances here, in this case, in the history and type of case that it is, I'm asking SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021965 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 8 of 18 SORA HEARING page 7 1 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. 2 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. 3 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 lowest level of their SORA statute. 4 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. 5 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 Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000373 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 8 of 12 8 JBJKNOEN that that one condition be withheld and with all the other conditions being fine. THE COURT: Just so I understand your argument, you would like your client to retain her personal-use firearm because she otherwise has the right to do so? She doesn't need it for any particular reason? MR. FOY: Well, I suppose a person who has a firearm may feel that they need it for their self-protection. Now, I'm not suggesting that there's been some specific threat or anything, other than the world is crazy, but if she hasn't done anything improper with regards to that important right, it shouldn't be sacrificed now, at an arraignment, as a condition of her release, when she has fully cooperated with everything up until this point. We've been in communication with the government since August 14th, and communicated about her international travel since this investigation began. All we've done is comply and put the government on notice as to her whereabouts and what's going on. We've been completely cooperative in that respect. But when you talk about removing someone's personal firearm, that they legally possess in their home - she doesn't have a license to carry it anywhere, just in her home - unless there is a reason connected to the case, to the crime, that suggests that it could be in fact a danger to a third party or someone else, then, in that case, I would understand, but not SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021966 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 9 of 18 SORA HEARING page 8 1 more than seven days or at least he has not since he has 2 been registered. He has no intention to ever be here for 3 longer than a period of ten days. 4 Like I said, he does notify the authorities when 5 he is here. He fully understands the reason for voluntary 6 registration, he wants to be compliant with the Federal SORA 7 law which requires wherever you own a property to register. 8 9 To require Mr. Epstein to register as a Level 10 come to New York more than he does normally, it would 11 require him to come every 90 days and renew his 12 registration. 13 He is very diligent in registering with New York 14 authorities. 15 16 All of the other jurisdictions that have 17 considered his case have determined that he either not 18 register at all or register at the lowest level, and he has 19 been more than compliant with all of those requirements. 20 Your Honor, we would join in the prosecutor's 21 application. 22 23 THE COURT: I am sure you would. 24 MS. MUSUMECI: By way of background, we have been 25 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 Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000374 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 9 of 12 JJBKNOEN 1 in this kind of case, which is an allegation about documents. 2 THE COURT: Understood. Thank you. 3 I have a few responses. The first is, although I greatly appreciate when the parties are able to reach agreement on the terms of a defendant's release, that agreement is meaningful to me but it's certainly not controlling. I ultimately decide how defendants should be released. And there have been occasions where I've disagreed with an agreement between the parties. So the fact that you and the government reached agreement on certain terms, the terms that will be imposed may be different than that agreement. It's simply, the way that court proceeds. And the fact of the agreement - while very helpful and I appreciate it, and it suggests that the parties are working well together - doesn't necessarily mean that those are the conditions that I'm going to impose. 16 The second thing to say with respect to the issue of firearms is that it is in fact a policy. It's not a policy of the U.S. Attorney's Office; it's a policy of our pretrial service office, because they are going to be sending officers in to enforce the terms of your client's release, and, as you said yourself, the world is crazy, and they have safety concerns, which isn't to say that they have specific safety concerns about Ms. Noel. And, as you point out, this case is not a violent case and there are not allegations that your client has engaged in violence, either in connection with this SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 10 of 18 SORA HEARING page 9 1 prosecutor and provided numerous materials for the 2 prosecutor to consider. We have included in that a 3 deposition from the detective who headed this investigation 4 who acknowledged in a sworn deposition that the lead 5 prosecutor who originally had the case, whose name I cannot 6 pronounce, Lanna Belohlavek, I apologize for the 7 mispronunciation, said to the detective after her 8 investigation, there are no real victims here. 9 All of the alleged conduct that is cited in the 10 board's write up was commercial conduct. All of the alleged 11 conduct the women went voluntarily, there are no allegations 12 of force certainly none. 13 THE COURT: There was no allegation of force in 14 the marine either, who met a girl in a bar, a young girl 17, 15 there was no force there. 16 MS. MUSUMECI: It is our understanding that the 17 prosecutor in Florida conducted a full investigation, as 18 full as she was able with the cooperation afforded by these 19 complainants, and determined that the only case that she 20 could present to the grand jury was this indictment for a 21 non registrable offense then -- 22 THE COURT: But it is registrable here. 23 I don't know what you mean non registrable 24 offense. 25 MS. MUSUMECI: Let me explain, Your Honor. Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000375 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 10 of 12 10 JBJKNOEN case or in her history, but I need to be concerned about sending law enforcement officers who work for the Court, who are going to be supervising your client, and it is for their safety that we impose that condition. So I am going to impose the condition. I am going to require your client to surrender her firearm. Both defendants will have to surrender their firearms and their permits so that they can't secure new firearms. That is a safety precaution that we undertake to protect our people who are going to be enforcing the terms of this release. It has nothing to do with the government per se. So with that, I will release the defendants today on their own signature and the posting of $100,000 bond that needs to be secured by two financially responsible cosigners. You're going to report, each of you, to your pretrial officer, as directed. I believe you've surrendered your travel documents, your passports, and the like. If you haven't, you need to surrender your travel documents, and you're prohibited from making any new travel applications. Each of you is prohibited from having contact with the other, meaning your codefendant, except in the presence of counsel. As I just stated, each of you needs to surrender any firearms, both personal use and duty firearms, and the permits that authorize those, to pretrial. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021968 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 11 of 18 SORA HEARING page 10 1 Mr. Epstein plead to two charges, one was an indictment which is an offense that is not registrable, it is a Florida indictment for -- THE COURT: Then why does he have to register here? MS. MUSUMECI: It was a second offense that he plead to -- THE COURT: That is registrable. MS. MUSUMECI: That is registrable. That offense was by information and that is the only registrable offense, that is what the DA's office is considering in doing their scoring. The indictment which was the only case that the prosecutor even prosecuted through grand jury is not even a registrable offense. THE COURT: He plead guilty to a registrable offense. MS. MUSUMECI: Yes. THE COURT: What did he plead guilty to? MS. GAFFNEY: He plead guilty to the procuring a person under 18 for prostitution. THE COURT: Procuring a person under 18 for prostitution. MS. GAFFNEY: Right. THE COURT: How old was she? Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000376 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 11 of 12 11 JBJKNOEN With respect to travel for Mr. Thomas, your travel will be restricted to the Southern District of New York, the Eastern District of New York, and the District of New Jersey. And for Ms. Noel, your travel will be restricted to the Southern and Eastern Districts of New York, the District of New Jersey and the Eastern District of Pennsylvania. In addition, I'm imposing the requirement for Mr. Thomas that he refrain from the excessive use of alcohol, and, for Ms. Noel, the requirement that she -- I'm going to give the authority to pretrial to determine whether or not a mental health evaluation or support is needed, but that will be at the direction of your pretrial services officer. Let me warn each of you that if you fail to appear in court or if you violate any of the conditions of your release, a warrant will be issued for your arrest, and you and anybody who cosigned the bond may be responsible for paying its full amount, which is $100,000, and you will be charged with a separate crime of bail-jumping. In addition, if you commit an offense while you're on pretrial supervision, you may be subject to a more severe punishment than you would receive if you committed the very same offense at any other time. Has Judge Torres set the next conference date? MR. ROOS: Yes, your Honor. The judge set it for November 25, 2019. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021969 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 12 of 18 SORA HEARING page 11 1 MS. GAFFNEY: It appears the first time they met she was either 16 or 17, then for the remainder of their relationship she was probably 17. 2 THE COURT: How long was their relationship? 3 MS. GAFFNEY: She met, she gave him approximately 15 massages, including with sexual contact, and ultimately when she is 17 had intercourse with him. 4 THE COURT: She is a child. 5 MS. MUSUMECI: Your Honor, I would note that under SORA it is clear that prostitution offenses are only registrable when in fact by clear and convincing evidence the women or victim is 17, is under 17. 6 THE COURT: Well, she met him at 16, he procured her at 16 from what I read. 7 MS. MUSUMECI: There is evidence we challenged. 8 THE COURT: He plead guilty to that, didn't he? 9 MS. MUSUMECI: He plead guilty to under 18, which is the law in Florida, which is a different standard than what the law is in New York. And there is no evidence, there is no clear and convincing evidence as to her specific age at the time of the specific conduct. 10 THE COURT: Well, the DA just told me she was most likely 17, she just said it on the record. 11 MS. MUSUMECI: Your Honor, we agree that the evidence is that she was 17 on the one occasion she had Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000377 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 14 Filed 12/16/19 Page 12 of 12 12 JBJKNOEN 1 And the government would move to exclude time between today's date and that date so that the government may produce discovery and the defense may begin to review the discovery. 2 3 THE COURT: Thank you. 4 Any objections from defense counsel? 5 6 MR. FOY: No, your Honor. 7 8 MR. FIGGINS: No, Judge. I think there is just an issue of the timing of the court date. The time -- 9 10 THE COURT: You should just reach out to Judge Torres' deputy. I'm sure, if necessary, it can be rescheduled. For now, I'm going to exclude time, on defendants' consent, from today to November 25th. 11 12 Anything further from either side? 13 14 MR. ROOS: No, your Honor. Thank you. 15 16 MR. FOY: No, thank you, your Honor. 17 18 MR. FIGGINS: No, Judge. Thank you. 19 20 THE COURT: Thank you, everybody. 21 22 * * * 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021970 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 13 of 18 SORA HEARING page 12 1 consensual intercourse with him and 17 is not registrable or criminal under New York law. 2 3 And the prostitution aspect of having intercourse 4 with a 17 year old is not registrable conduct. 5 THE COURT: Why does he have to register here? 6 MS. GAFFNEY: Because it is a register able 7 offense in Florida, New York State board of examiners -- 8 9 10 11 it was not registrable here but it was in the state where 12 the person came from and New York recognized that. 13 MS. MUSUMECI: Your Honor, we are not saying that 14 he should not register. Mr. Epstein has already registered 15 and recognizes his duty to register. 16 THE COURT: I am glad of that, very glad of that. 17 I am sorry he may have to come here every 90 days. 18 He can give up his New York home if he does not 19 want to come every 90 days. 20 Anything else? 21 I rely on the board. 22 MS. MUSUMECI: Your Honor, we would reserve our 23 right to appeal Your Honor's ruling. 24 THE COURT: Of course, do so. 25 MS. GAFFNEY: For the record, Your Honor, he is Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000378 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 14 of 18 SORA HEARING page 13 going to be deemed a Level Three sex offender with no designation, correct? THE COURT: Correct. MS. MUSUMECI: For purposes of the appeal I believe that Your Honor -- THE COURT: Give me the board's scoring. The board has scored use of violence the least, 10. Sexual contact with victim, 25. I agree. Number of victims, three or more. He only plead guilty to one, but apparently there were more than one and I think the People concede that although they say it was not reliable. Duration of offense, conduct with victim, continuing course of sexual misconduct, the People have told me it was continuing for 20 points. Age of victim 11 through 16, he got 20 points for that, and she was 16 at the time. Other victim characteristics, there was no mental disable or helplessness. I agree. Relationship with victim stranger, 20 points. Age at first act of sexual misconduct, 20 or less. They scored him zero on that. Number and nature of prior crimes, no history, they scored him five on that. Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000379 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 15 of 18 SORA HEARING page 14 1 Recency of prior offense less than three years, 2 they gave him zero. 3 Drug or alcohol abuse history, they gave him zero. 4 Acceptance of responsibility, they gave him zero. 5 Conduct while confined, they gave him zero. 6 And supervision, they gave him zero. 7 Living employment situation, zero. 8 They gave him 130 points, which is the highest 9 level, and I agree with that. 10 MR. LEFKOWITZ: If I could be heard for one 11 moment. 12 It appears that the state board made its 13 determination based on access to a police report in Florida. 14 The prosecutor, the lead prosecutor, the lead sex 15 crimes prosecutor in Palm Beach made a determination that 16 the complainants and the police report itself was not 17 credible and decided not to prosecute on the basis of all of 18 that. 19 In addition, there has been through the course of 20 the last few years some civil litigation, as you might 21 imagine, involving these matters and we now have sworn 22 testimony in evidence from the complainants themselves 23 disclaiming much of what appears in the police report. 24 So, Your Honor, we would submit and this is not to 25 make light in any way of the conduct what Mr. Epstein did or Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000380 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 16 of 18 SORA HEARING page 15 1 what Mr. Epstein plead guilty to, but with respect to everything and that is why Mr. Epstein voluntarily registered in New York even though there is a question about whether he has any obligation just as a jurisdictional matter, but Your Honor, with respect to the appropriate level for him to register, we would submit Your Honor that the evidence simply does not support the foundation of the state's determination. THE COURT: You have made a very clear record and you have your right to appeal. I feel the board looked into all of this, made their recommendation, found him to have 130 points and I see no reason to disturb that. Thank you. I, Vikki J. Benkel, a Senior Court Reporter in and for the State of New York, do hereby certify that the foregoing transcript is true and accurate to the best of my knowledge, skill and ability. Vikki J. Benkel Vikki J. Benkel Senior Court Reporter DOJ-OGR-00000381 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 17 of 18 SEX OFFENDER MANAGEMENT ASSESSMENT AND PLANNING INITIATIVE smart.gov/SOMAPI SOMAPI Report Highlights Adult Sex Offender Recidivism Observed recidivism rates of sex offenders are underestimates of actual reoffending. Sex crimes are one of the most underreported crimes and are often unseen by anyone other than the victim and perpetrator. Low reporting levels make it extremely difficult to estimate actual sexual recidivism rates. Additionally, only a small portion of sex offenses reported to law enforcement result in the offender's arrest. Therefore, it's generally recognized that observed recidivism rates are underestimates of the true reoffense rates of sex offenders. Sex offender recidivism is difficult to measure. Recidivism rates are measured differently from one study to the next, with different results. Studies differ in how recidivism is defined (i.e., rearrest vs. reconviction), how long offenders are followed and what types of offenders are included (i.e., rapists vs. child molesters). Recidivism rates of sex offenders range from 5 percent after 3 years to 24 percent after 15 years. Relatively low rates are reported in studies using observed sexual recidivism rates over follow-up periods shorter than 5 years. For example, a 2003 study (Langan, P., Schmitt, E., & Durose, M., "Recidivism of Sex Offenders Released From Prison in 1994," Bureau of Justice Statistics) found a sexual recidivism rate of about 5 percent using a 3-year follow-up period for a large sample of sex offenders released from prison. Studies employing longer follow-up periods consistently report higher rates of recidivism. For example, a 2004 study (Harris, A.J.R., & Hanson, R.K., "Sex Offender Recidivism: A Simple Question," Public Safety and Emergency Preparedness Canada) reported sexual recidivism rates of 20 percent and 24 percent for a sample of sex offenders based on a 10-year and 15-year follow-up period, respectively. Sex offenders — regardless of type — have higher rates of general recidivism than sexual recidivism. Recidivism studies have consistently found that adult sex offenders have much higher rates of general reoffending than sexual reoffending. A 2004 study (Hanson, R.K., & Morton-Bourgon, K., "Predictors of Sexual Recidivism: An Updated Meta-Analysis," Public Safety and Emergency Preparedness Canada) reported sexual recidivism rates of 20 percent and 24 percent for a sample of sex offenders based on a 10-year and 15-year follow-up period, respectively. Measuring sex offender recidivism is difficult due to underreporting and different methods used in research studies. Studies with longer follow-up periods show that recidivism increases over time. Furthermore, different "types" of sex offenders have different recidivism rates. Preparedness Canada) analyzed findings from 95 studies and found that sex offenders had an average overall recidivism rate of 37 percent compared to an average sexual recidivism rate of 14 percent, based on follow-up periods of 5 to 6 years. This suggests that policies aimed at protecting the public from sex offender reoffense should be concerned with the likelihood of any form of serious recidivism, not just sexual recidivism. Female sex offenders reoffend at significantly lower rates than male offenders. Five- to six-year rates of sexual recidivism for female sex offenders may be as low as 1 to 3 percent. The empirical evidence regarding the different recidivism rates of female and male sex offenders suggests that intervention and management practices need to differentiate between female and male sex offenders, and that methods for assessing risk of male sex offenders are unlikely to be accurate when applied to female sex offenders (Cortoni, F., Hanson, R.K., & Coache, M.É., "The recidivism rates of female sex offenders are low: A Meta-Analysis," Sexual Abuse: A Journal of Research and Treatment, 22; 2010). Different types of sex offenders have different recidivism rates. Research examining the recidivism of rapists and child molesters indicates that the highest observed recidivism rates are found among child molesters who offend against boys. Comparatively lower recidivism rates are found for rapists, child molesters who victimize girls and incest offenders. The opinions, findings and conclusions or recommendations expressed in this summary are those of the authors and contributors and do not necessarily represent the official position or policies of the SMART Office or the U.S. Department of Justice. For more information about SOMAPI and this topic, visit www.smart.gov/SOMAPI. May 2017 DOJ-OGR-00000382 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 14 Filed 07/15/19 Page 18 of 18 U.S. v. Jeffrey Epstein, 19-cr-490 (RMB) SEALED DOCUMENT ASSET SUMMARY - JUNE 30, 2019 6/30/19 Asset Value Cash $ 56,547,773 * Fixed Income $ 14,304,679 * Equities $ 112,679,138 * Hedge Funds & Private Equity $ 194,986,301 ** Properties 9 East 71st Street, New York, NY 10021 $ 55,931,000 49 Zorro Ranch Road, Stanley New Mexico 87056 $ 17,246,208 358 El Brillo Way, Palm Beach, FL 33480 $ 12,380,209 22 Avenue Foch, Paris France 75116 $ 8,672,823 Great St James Island No. 6A USVI 00802 (parcels A,B,C) $ 22,498,600 **** Little St James Island No. 6B USVI 00802 (parcels A,B,C) $ 63,874,223 Total Assets $ 559,120,954 * Values reflect gross numbers that are not net of tax ** All properties are valued at assessed values as per the most recent property tax bills *** Note the United States Attorney's office for the Southern District of New York has stated that the value of this home is $77,000,000 as compared to the market value shown above per the June 1, 2019 property tax bill **** Note this property is valued at cost basis, however the assessment on the most recent tax bill is $4,857,500 DOJ-OGR-00000383