Document 53

Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 1 of 86 J8RsEPS1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------x UNITED STATES OF AMERICA, v. 19 CR 490 (RMB) JEFFREY EPSTEIN, Defendant. -------------------------------x New York, N.Y. August 27, 2019 10:30 a.m. Before: HON. RICHARD M. BERMAN, District Judge APPEARANCES GEOFFREY S. BERMAN United States Attorney for the Southern District of New York BY: MAURENE R. COMEY ALISON MOE Assistant United States Attorneys MARTIN G. WEINBERG, PC Attorney for Defendant BY: MARTIN G. WEINBERG STEPTOE & JOHNSON, LLP Attorneys for Defendant BY: REID WEINGARTEN MICHAEL MILLER SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000639 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 53 Filed 09/08/20 Page 1 of 3 Haddon, Morgan and Foreman, P.C Jeffrey Pagliuca 150 East 10th Avenue Denver, Colorado 80203 PH 303.831.7364 FX 303.832.2628 www.hmflaw.com jpagliuca@hmflaw.com August 24, 2020 VIA EMAIL The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, NY 10007 Re: Proposed Redactions to Request to Modify Protective Order (Under Seal) United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan, In accordance with this Court's Order of August 18, 2020 (Doc. 44), Ms. Maxwell hereby respectfully submits under seal her proposed redactions to her Request to Modify Protective Order ("Request"), filed under seal on August 17, 2020. Ms. Maxwell also has filed her Reply under seal and contemporaneously submits her proposed redactions to that pleading.1 Ms. Maxwell has no opposition to keeping under seal, and redacting from her Request and Reply, the contents, description and discussion of the sealed materials themselves; because the government has marked them Confidential, the Protective Order requires as much. See Doc. 36, ¶ 15. The government's proposed redactions, however, go further and propose to redact have this Court redact on the premise that it would "risk jeopardizing the government's investigation." 1 To the extent this Court believes this letter also should be filed publicly, counsel also has indicated her proposed redactions to this letter. DOJ-OGR-00001760 --- PAGE BREAK --- Case 20-3061, Document 53, 09/23/2020, 2937074, 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: September 23, 2020 Docket #: 20-3061 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 September 23, 2020 the LETTER, 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(s): _____ 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-00019392 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 2 of 86 2 J8RsEPS1 (Case called) THE COURT: Good morning, everybody. Please be seated. So just some housekeeping. We have a podium here for both attorneys and others who may be speaking, and so we would like you, attorneys and others who are speaking, to come up to the podium. This room is a little cavernous. We thought the podium over there would be more comfortable. For starters, and for this you don't have to go up to the podium, if you could just indicate your names. This table in front to my left, your right, are defense counsel, and that table to my right, your left, are government attorneys. If we could just ask the attorneys to introduce themselves. MS. COMEY: Good morning, your Honor. Maureen Comey and Alison Moe for the government. Joining us at counsel table are Special Agent Amanda Young of the FBI and Detective Paul Byrne of the NYPD. MR. WEINGARTEN: Good morning, your Honor. Reid Weingarten. MR. WEINBERG: Martin Weinberg. Good morning, your Honor. THE COURT: Good morning. MR. MILLER: Good morning, your Honor. Michael Miller from Steptoe & Johnson on behalf of the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000640 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 53 Filed 09/08/20 Page 2 of 3 The Honorable Alison J. Nathan August 24, 2020 Page 2 Moreover, the government has made repeated, highly public statements, including at the press conference following Ms. Maxwell's indictment,2 in the press conference following Mr. Epstein's indictment,3 in a press conference convened at the doorstep of Mr. Epstein's former New York mansion,4 and in other publicly-released statements5 that its investigation into associates of Mr. Epstein is ongoing and active. .The process to evaluate whether a judicial document should remain under seal is clear. Once a determination is made that the materials are judicial documents the Court is required to determine whether any countervailing interests outweigh the presumptive right to public access. Brown v. Maxwell, 929 F.3d 41, 49-50 (2d Cir. 2019). Frankly, Ms. Maxwell does not believe that the government has established a countervailing interest compelling enough to justify continued sealing of the documents. It is also likely that these same documents will be the subject of future motion practice in this Court, However, Ms. Maxwell has no interest in additional pretrial publicity related to any of these documents and submits that protecting her right to a fair trial is the countervailing interest that, at this point, requires her proposed redactions and the continued sealing of the materials with the exception of her limited request to file the materials under seal 2 "These charges to be announced today, are the latest result of our investigation into Epstein, and the people around him who facilitated his abuse of minor victims. That investigation remains ongoing." (https://www.rev.com/blog/transcripts/announcement-transcript-of-charges-against-ghislaine-maxwell-in-new-york-jeffrey-epstein-associate-arrested). 3 "This in no way is over, OK. There's going to be more investigative steps they're going to take place and the FBI with the U.S. attorney here is going to continue to investigate." http://transcripts.cnn.com/TRANSCRIPTS/1907/08/ath.01 html). 4 Sarah Nathan and Kate Sheey, "Prince Andrew refuses to cooperate with feds in Jeffrey Epstein probe," NY Post (Jan. 27, 2020) (https://nypost.com/2020/01/27/prince-andrew-refuses-to-cooperate-with-feds-in-jeffrey-epstein-probe/). 5 Alan Feuer, "Prince Andrew and U.S> Prosecutor in Nasty Dispute Over Epstein Case," NY Times (June 8, 2020) (https://www nytimes.com/2020/06/08/nyregion/jeffrey-epstein-prince-andrew html). DOJ-OGR-00001761 --- PAGE BREAK --- Case 20-3061, Document 53, 09/23/2020, 2937074, Page2 of 2 X Incorrect Filing Event X Other: Correct docket entry is SUPPLEMENTARY PAPERS TO MOTION Please cure the defect(s) and resubmit the document, with the required copies if necessary, no later than September 25, 2020. The resubmitted documents, if compliant with FRAP and the Local Rules, will be deemed timely filed. Failure to cure the defect(s) 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 212-857-8514. DOJ-OGR-00019393 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 3 of 86 3 J8RsEPS1 defendant. THE COURT: Great. Again, good morning to all of you. This hearing that we're having today considers the government's motion to dismiss the indictment in this case. I must add that it also serves as the opportunity for me to thank all of you, the attorneys and the victims who are here today, among others, for your very hard work and dedication in this case. We also have here today the U.S. Attorney for the Southern District of New York, Geoffrey Berman, who has also been very helpful and indispensable in this matter. The news on August 10, 2019, that Jeffrey Epstein had been found dead in his cell at the Metropolitan Correctional Center, at the MCC, was certainly shocking. Most of you, and myself for that matter, were anticipating that the next steps in this case would be defense motion practice, including a motion to dismiss, followed by a trial on the merits before a jury, if the motions were not successful, and through which the accusers and the accused would come face to face, allowing everyone to get their day in court. Mr. Epstein's death obviously means that a trial in which he is a defendant cannot take place. It is a rather stunning turn of events. The government's motion to dismiss the indictment because of Jeffrey Epstein's death on August 10, 2019, is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000641 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 53 Filed 09/08/20 Page 3 of 3 The Honorable Alison J. Nathan August 24, 2020 Page 3 Respectfully Submitted, Jeffrey S. Pagliuca CC: Counsel of Record (via Email) DOJ-OGR-00001762 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 4 of 86 J8RsEPS1 relatively straightforward. In my view, a public hearing clearly is nevertheless the preferred vehicle for its resolution. Incidentally, while I'm on this subject, I got some help today from the New York Law Journal from two professors who write that a hearing is -- let me tell you exactly what they said. They say, in part, that this is an odd moment for transparency in a criminal case. I think that is an odd sentence to hear about, transparency in a criminal case. They go on to say that normally, if a prosecutor seeks to dismiss an indictment for such an obviously worthy reason, the court would simply grant the request. As to that statement, I respectfully say it is incorrect as a matter of law. They go on to say the judge would not schedule a hearing and he definitely would not allow the victims to speak. If he did hold a hearing, whatever informational interests the victims may have would be served by affording them a chance to attend the hearing, not by giving them a speaking role. I read it. It was incredulous. I'm still incredulous. I don't quite understand at all. There is a suggestion in the article that the reason they are making these suggestions has to do with minimization of drama in this case. In the Jeffrey Epstein case, there has not been much a minimization of drama, and what little drama might happen SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000642 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 5 of 86 5 J8RsEPS1 1 today, I don't think it would be very significant. 2 On a somewhat more serious note, don't quote me on 3 this, but it is my understanding that one of the authors of 4 that article is himself counsel in one of the Epstein-related 5 cases. I was surprised to learn that very recently. I'm 6 certain it is true. I was also surprised that that aspect was 7 not disclosed in the Law Journal. 8 But in any event, I think you know where I'm heading. 9 I respectfully disagree with the Law Journal piece. I was 10 saying that the government's motion is relatively 11 straightforward, and in my view, a public hearing is clearly, 12 nevertheless, the preferred vehicle for its resolution. I'm 13 still convinced of that. 14 A few may differ on this, but public hearings are 15 exactly what judges do. Hearings promote transparency and they 16 provide the court with insights and information which the court 17 may not otherwise be aware of. 18 The victims have been included in the proceeding today 19 both because of their relevant experiences and because they 20 should always be involved before rather than after the fact. 21 Indictment 19 CR 490 charges Jeffrey Epstein with sex 22 trafficking and with conspiracy to commit sex trafficking. The 23 U.S. Attorney, on August 19, 2019, requested that the court 24 approve the government's proposed order of nolle prosequi. I 25 think that's a rough justice. That means nolle prosequi, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000643 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 6 of 86 J8RsEPS1 discontinuance by the prosecutor of all or of a part of the case that he or she has commenced. The government in its motion concludes that Epstein's death abates these proceedings. In accordance with Federal Rule of Criminal Procedure 57(b), I determined to hold a public hearing and I notified the victims that they would be given the opportunity to be heard before any final action on the motion. That is the purpose also of today's proceeding. I would do that every time. Also, recognized that Epstein, Mr. Epstein died before any judgment of conviction against him had been obtained, and that the government's proposed order appears, in form and substance, to be appropriate. Federal Rule of Criminal Procedure 48(a) codifies the nolle prosequi process. It is entitled dismissal, and it states in relevant part that the government may, with leave of the court, dismiss an indictment, information, or complaint, and that leave of the court proviso, you should know, was added as an amendment to the original draft of Rule 48, which had originally provided for automatic dismissal upon the motion of the government. This proviso, in my judgment, is clearly directed toward an independent judicial assessment of the public interest in dismissing the indictment. Thus, even whereas, in this case, the standard of court review is deferential, the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000644 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 7 of 86 J8RsEPS1 court must still make its own independent determination. A conclusory statement from the government that dismissal is appropriate does not satisfy the court's obligations. It is also, in my view, required that the court consider the views of the victims in the case at the hearing and before deciding whether to grant the motion. This is being done here both as a matter of law and as a measure of respect that we have for the victims' difficult decisions to come forward in this matter. In a case called United States v. Heaton, H-e-a-t-o-n-, the government filed a Rule 48 motion for leave to dismiss a charge against a defendant who allegedly committed a sexual offense against a young victim. Although I should point out, very importantly, that that defendant was still alive, which distinguishes it from our case. Nevertheless, I think it is irrelevant because in evaluating the Rule 48 motion, then district Judge Paul G. Cassell -- who is now a law professor at the University of Utah and is regarded to be a noted expert in victims' rights -- concluded that under the Crime Victims' Rights Act, victims have broad rights that extend to a court's decision whether to grant a government motion to dismiss under Rule 48. I completely share that viewpoint in these circumstances, even though the facts of our case, as I said, are somewhat different from those in Heaton. I believe it is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000645 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 8 of 86 8 J8RsEPS1 the court's responsibility, and manifestly within its purview, to ensure that the victims in this case are treated fairly and with dignity. The fundamental substantive principle which applies in considering the government's motion is termed the rule of abatement. This principle originated in the English common law. It was adopted by most U.S. federal courts, but more recently, it has faced some appropriate criticism. The rule of abatement is best explained in the Second Circuit case of U.S. v. Wright. In that Wright case, two defendants had pled guilty to embezzlement and tax evasion. Both defendants appealed, but one of the defendants died while his appeal was pending in the Second Circuit. The Court of Appeals rule that under the rule of abatement, the judgment of conviction against the deceased defendant was required to be vacated and the indictment was to be dismissed. The Wright court held that when a convicted defendant dies while his direct appeal as of right is pending, his death abates not only the appeal, but also proceedings had during the course of the prosecution. The Second Circuit incidentally has also held that when a criminal conviction abates upon the death of a defendant, any restitution ordered as a result of that conviction must also abate, and it is also ruled the same with respect to associated forfeiture orders. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000646 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 9 of 86 1 This latter application of the rule of abatement regarding forfeiture has not been universally accepted among federal courts, but it certainly is the law in this circuit. Some of you may be interested to know that some United States courts, state courts, have criticized the rule of abatement, particularly in the face of growing recognition of victims' rights in the criminal justice system, including the Crime Victims' Rights Act. It has been written and contended in the Brooklyn Law Review -- I can give you the cite later -- that when courts abate criminal convictions, they reimpose a burden on victims that legislatures intended to alleviate through these victim rights statutes. The state Supreme Court has even concluded that the expansion and codification of victims' rights provides the changed conditions needed for overruling the rule of abatement. It has also been stated that Alaska's statute and its constitution now require the criminal justice system to accommodate the rights of crime victims. Further, that the abatement of criminal convictions has important implications for these rights. But coming back to our case, which is what you are concerned about and I am as well, it is appropriate to conclude that if the rule of abatement applies to a convicted defendant as in the Wright case, it should also apply a fortiori in the Epstein case, which was still in the pretrial phase when SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000647 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 10 of 86 1 Mr. Epstein died, when there had been no conviction. 2 So that's just some background I wanted to share with 3 you. At this point in time, I would like to turn to the 4 government prosecutors to hear from them in support of their 5 Rule 48 application to dismiss the Epstein indictment. 6 MS. COMEY: Thank you, your Honor. 7 Would you like me to address the court from the 8 podium? 9 THE COURT: If you wouldn't mind. 10 MS. COMEY: Thank you, your Honor. 11 I believe your Honor has accurately summarized the 12 state of the law, as set forth in our papers, in light of the 13 clear Second Circuit law, that upon the death of a defendant 14 before a final entry of a judgment of conviction, all 15 proceedings must be abated. 16 In light of that clear law, the government is legally 17 obligated to seek dismissal of the pending indictment against 18 Jeffrey Epstein, and we respectfully submit, likewise, that the 19 entry of the proposed order is similarly required by law. 20 A few notes to make about that, though, your Honor. 21 To be very clear, dismissal of this indictment as to Jeffrey 22 Epstein in no way prohibits or inhibits the government's 23 ongoing investigation into other potential coconspirators, nor 24 does it prevent the bringing of a new case in the future or the 25 prosecution of new defendants. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000648 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 11 of 86 It also does nothing to prevent the government from continuing to explore the possibility of seeking civil forfeiture of any assets that were used to facilitate the crimes charged in this indictment. Indeed, as has been stated publicly, investigations into those matters have been ongoing, remain ongoing, and will continue following dismissal of the indictment here. I would also like to note that, as the government has previously mentioned, this dismissal in no way lessens the government's resolve to stand up for the victims in this case, both those who have come forward and those who have yet to do so. We agree with your Honor's sentiment that those victims should be respected, and we appreciate your Honor's recognition of that. One housekeeping matter that I did want to reference for your Honor. The protective order in this case requires destruction or return of any and all discovery material upon conclusion of the case. We have been in communication with defense counsel, who have confirmed that they have returned all physical copies that they have of discovery that the government has produced to date, and they are in the process of deleting any copies that they may have made. So the parties are in compliance with the protective order. Finally, I just wanted to say a word about the victims in this case, and particularly those who are here in court SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000649 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 12 of 86 J8RsEPS1 today. I'll note that in light of the court's order indicating that the victims and their counsel would be permitted to be heard in court here today, the government has endeavored to provide notice to all known victims of today's proceeding. We did so either directly where a victim was not represented by counsel or through counsel where a victim is represented by an attorney. The government does not know exactly how many victims or their attorneys are here today and we do not know how many of them or their counsel would like to speak. To the extent any individuals do wish to speak, we do not know the substance of what they would like to say. We have left that entirely up to the individual decisions of the victims and their attorneys. I will note, though, that throughout this case, the government has endeavored and done our utmost to fulfill our obligations under the Crimes Victims' Rights Act. We have done so by trying to keep as many victims as we are aware of up to date about the ongoing case and about any developments in the case. We will continue to provide services and offer services to any of the victims in this case, even after the indictment is dismissed. Both the U.S. Attorney's office and the FBI have been in touch with all known victims or have attempted to be in touch with all known victims, either again directly where victims are not represented by counsel or SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000650 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 13 of 86 13 J8RsEPS1 through counsel where they have attorneys. We have expressed to them that services are available for those who wish to take advantage of them. Unless the court has any questions for me, the government will otherwise rest on its papers. THE COURT: I just have one question. The protective order, is that self-executing or do I need to do something? MS. COMEY: It is self-executing, your Honor. THE COURT: Thanks very much, Ms. Comey. MS. COMEY: Thank you, your Honor. THE COURT: Yes. I'll turn to counsel for the defense at this time. Mr. Weingarten, I'm happy to hear from you. MR. WEINGARTEN: Thank you. Your Honor, I think it is an understatement of the year to say the world looks and feels differently today than it did the last time I was before you. For us, the elephant in the room is what happened to our client. I would like to tell you how we see the world and where we are on that subject. We start with the Attorney General's statements, public statements, that there were very serious improprieties in the jail. We obviously read the press. We see that the warden has been taken out. We see that the guards on duty at the time have been put on leave. We understand guards are SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000651 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 14 of 86 J8RsEPS1 refusing to cooperate with the investigation. We have heard allegations that people at the time who had responsibility for protecting our client falsified information. We understand that there were orders out there that Jeffrey Epstein was never to be left alone and that the orders were ignored by many of the employees of the prison. In a word, yikes. In addition, obviously we followed the medical examiner's report, or we haven't followed the report, we haven't seen it, but heard conclusions, initially not enough evidence to come to a conclusion, wanted to see more. We assumed she was talking about the videotapes, but then came to the conclusion that it was suicide. We report to the court that -- THE COURT: Suicide by hanging -- MR. WEINGARTEN: Yes. THE COURT: -- was her conclusion? MR. WEINGARTEN: Yes. And we report to the court that we had a doctor there at the time, and we also have been in receipt of a tremendous amount of medical and scientific evidence volunteered to us opining that the injuries suffered, as reported, were far more consistent with assault than with suicide, and we are happy to supply the court with all the information that we have. Now, in addition, as the court noted, we were underway with our pretrial motions, and as the court obviously SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000652 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 15 of 86 J8RsEPS1 1 understands, the NPA and the role of the NPA was going to be critically important. And I would simply like to report that we went pretty far along. We interviewed all of the relevant lawyers on the defense side who participated in the NPA, and we were satisfied that we had a very strong argument that every one of those lawyers believed with an objective basis that the deal was global. That is, at the time -- THE COURT: I'm sorry, that? MR. WEINGARTEN: The deal of the NPA was global. That is, more specifically, at the time, the Florida prosecutors and agents knew of conduct in New York, and that no competent defense counsel negotiating in good faith with the prosecutors would have ever agreed to a deal back then that allowed New York prosecutors to indict for precisely the same conduct in the future, which, of course, is what happened. In addition, we have come up with very powerful evidence, we believe, that Florida prosecutors, who participated in the deal, steered the victims and the alleged victims to New York on more than one occasion because they did not want to suffer the sleights of attacks against them. So we have advanced the ball on this very subject and we are prepared to completely report to the court as to where we are and what we've done. Another point. We obviously had contact with our SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000653 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 16 of 86 J8RsEPS1 client at or around the time of his death, and obviously the attorney-client privilege survives death and we are not going to forfeit the privilege, but we will report to the court, with as much specificity as the court may want, that at or around the time of his death, we did not see a despairing, despondent suicidal person. Details to follow, if the court wishes. The 800-pound gorilla, for us, of course, are the video surveillance tapes. Obviously we assume there is a tape that leads directly to the door where Jeffrey Epstein was housed. If that tape reports for 12 hours before his death that no one went in and out of that room, then the suggestion that there was something other than a suicide seems preposterous. But there is no such evidence that has surfaced to date. Just the opposite. We have heard, and we actually read in the press, that the tapes were either corrupted or not functioning. Talk about a yikes. If, in fact, the system was broken for six months before Jeffrey Epstein was housed, I mean, that would be stunning incompetence. If it was allowed to continue to be inoperative when Jeffrey Epstein was housed, it would be incompetence times ten. But what if the tapes only broke down or were inoperative or were corrupted on the day he was killed or the day he died? Then we're in a completely different situation. So where does this lead? I think where it leads, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000654 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 17 of 86 17 J8RsEPS1 Judge, is there are incredibly important questions that remain open. The public interest in this matter is obvious from this courtroom. There are conspiracy theories galore. We are all for finding the truth. We believe this court has an indispensable role to play. Whether or not this indictment is dismissed, I think this court has the inherent authority to find out what happened on its watch. Obviously, when the court detained Jeffrey Epstein, the court did not anticipate that weeks later he would be dead in his cell. I think given the inherent authority of the court, the court should make inquiry. This could come in many forms. Obviously the court made inquiry as to what happened in the first incident. When there was an allegation of an attempted suicide, the court made inquiry. The court obviously was interested. I recall your language. You talked about that being one of the several open questions indicating an interest on the court for the others as well. Obviously, the ultimate question is what happened to the client. THE COURT: You're talking about the July 23, 2019 incident? MR. WEINGARTEN: Yes. The court obviously could hold hearings. The court could assign a lawyer to help the court. I think this is an area where there is intense public interest. We have complete SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000655 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 18 of 86 J8RsEPS1 1 confidence in the prosecutors in the Southern District and the 2 FBI to do a competent investigation. But these are allegations 3 against serious components of the United States Department of 4 Justice. Sometimes the appearance of justice is just as 5 important as justice itself. 6 I think the court supervising, or at least keeping an 7 interest in this proceeding, is incredibly important for the 8 public to have confidence in the ultimate findings, and 9 certainly for us to have confidence in the ultimate findings. 10 One more issue, Judge. The conditions of the jail, in 11 a word, they were dreadful. Not just for Jeffrey Epstein, but 12 for many of the prisoners over there. This is a prison within 13 the shadows of this courthouse. The situation is rife with 14 vermin. The abuse and the conditions in that prison, in a 15 word, are a disgrace and everybody knows it. 16 A person with authority told us, someone with 17 knowledge, that the prisoners in Guantanamo -- and he spoke 18 with personal knowledge -- are treated better than the 19 prisoners right across the way. The feds certainly know how to 20 run a disciplined, clean prison. I've been in 20 of them. 21 They know how to do it just fine. And the question is, why in 22 the world does it not happen down the road? I think that is a 23 perfectly legitimate subject for the court to make inquiry. 24 In a word, we want the court to help us find out what 25 happened. The court has a role to play. It is the institution SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000656 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 19 of 86 J8RsEPS1 that most people have confidence in in these very troubled times. So whether or not you dismiss the indictment, to us, is beside the point. We want you to stay on the case, we want you to conduct an investigation, and we want to know what happened here. Thank you, your Honor. THE COURT: Just so it is clear, so your view on the motion directly on its merits of the nolle prosequi order and application by the U.S. Attorney, do you have a view on that? MR. WEINGARTEN: I think if the court felt that the case had to stay alive for the court to continue, we would oppose it. I think -- THE COURT: I'm sorry, if what? MR. WEINGARTEN: If the issue, if you took the position for you to conduct the investigation or lead the investigation or participate in the investigation, then we want, the role we want you to play, if the indictment has to be alive, we would oppose the motion. I don't think you need to do that. I think you can dismiss the indictment. THE COURT: So you're suggesting that you support the government's motion, just viewed in the context of -- MR. WEINGARTEN: Yes, of course. THE COURT: Great. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000657 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 20 of 86 J8RsEPS1 1 MR. WEINBERG: Judge, if I can just supplement? 2 THE COURT: Absolutely. 3 MR. WEINBERG: Thank you, sir. 4 Thank you, as an out-of-town lawyer for the privilege 5 to appear in front of you, your Honor. 6 THE COURT: It's my pleasure. 7 MR. WEINBERG: First, as to the conditions, we think 8 your Honor trusted the government, the Bureau of Prisons, to 9 keep our client safe and keep him in civilized conditions. The 10 government will again ask, as to other defendants, that they be 11 detained at the MCC, some subset of them will end up in the SHU 12 unit. 13 It is a horrific. I've called it medieval. There's 14 vermin on the floor. There is wet from the plumbing. There is 15 no sunlight. There is limited exercise. It is simply 16 conditions that no pretrial detainee -- and I would go farther 17 as a criminal defense lawyer -- no United States defendant 18 should be subjected to. 19 Certain judges have taken views of the conditions. We 20 would urge your Honor, the government talks about and we talk 21 about transparency, to see what kind of conditions there exist 22 within 50 or 100 yards of one of the great United States 23 district courts. 24 Second, in terms, we have a profound problem with the 25 conclusions of the medical examiner. There are for three SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000658 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 21 of 86 21 J8RsEPS1 reasons, your Honor. One is the timing of Mr. Epstein's demise. It was on August 10. On August 12, a bail pending appeal motion was being filed in the Second Circuit. On August 12 or 13, the United States Attorneys were going to respond to our request for the preservation and production of documents that would have facilitated and furthered our efforts to demonstrate communications between the Southern District of Florida, the Northern District of Georgia, which was standing in the shoes of the Southern District of Florida main justice and the Southern District. In other words, we were beginning the process discharging our responsibilities. There had been no new evidence that Mr. Epstein had committed any offense against a minor after 2005. The subject matter of the New York prosecution was squarely within the heartland of the Florida NPA. We had a significant motion to dismiss. This was not a futile, you know, defeatist attitude. Third, we had all the discovery motions that your Honor had scheduled. So the timing for a pretrial detainee to commit suicide on August 10, when his bail pending appeal motion is being filed on August 12, strikes us as implausible. Second, we had an independent doctor who was present at the autopsy which occurred on August 11. On August 11, the city medical examiner's findings were inconclusive. We are SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000659 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 22 of 86 22 J8RsEPS1 told by a very experienced forensic pathologist that the broken bones in Mr. Epstein's neck, in his larynx, are more consistent with external pressure, with strangulation, with homicide, if you will, than with suicide. It doesn't exclude suicide, but the pure medical forensic evidence creates profound issues about what happened to him. Also the time of death. Our medical examiner's opinion is it occurred at least 45 minutes and probably hours before 6:30 a.m. on August 10, when he was first found, if you will, according to the reports. Yet he was moved, something that is not ordinary in these circumstances. I would also -- THE COURT: Excuse me. He was moved? MR. WEINBERG: Instead of having the cell in the condition it was found, if he had been dead for 45 minutes or two hours or four hours, there were efforts to move him and, therefore, make it more difficult to reconstruct whether or not he died of suicide or some other cause. I spoke to Stacey Richmond, who is a responsible member of this court who represents the family of Mr. Epstein. She spoke to the medical examiner on the Friday after Mr. Epstein's death and asked why, if the conclusion was made late in the afternoon on Friday that week. She specifically asked about what extrinsic nonmedical evidence caused the medical examiner to go from uncertain to suicide, and she was SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000660 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 23 of 86 23 1 told that the medical examiner had seen nine minutes of one 2 video which was on a stairwell between floors at the MCC. She 3 was told that the principal video that would have showed the 4 whole hall was corrupted. It was in DC with the FBI to see if 5 they can reconstruct it. 6 And I asked the same questions that my co-counsel did, 7 you know, was the dysfunction of the critical pivotal video, in 8 the most secure prison east of Florence, out in Colorado known 9 to the MCC before August 10, or was this corruption occurring 10 on August 10, which would again cause us to be skeptical of the 11 servitude of the medical examiner's conclusions that this was 12 suicide rather than some other cause. 13 So with my co-counsel, we ask your Honor, it is not a 14 question of trust or not trust. They ask you to detain people 15 and you trust the Bureau of Prisons. And it is within your 16 inherit authority, your Honor, to find out what happened to our 17 client. 18 We are angry about the conditions he was held in. And 19 we're also angry, quite frankly, your Honor, that the only 20 source of information that we get as to what happened to him is 21 through the media rather than through the United States 22 Attorney's office. We've made requests informal. We have 23 made Touhy requests. We've been told there is a pending 24 investigation. 25 But we trust your Honor and the judiciary, and with SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000661 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 24 of 86 J8RsEPS1 1 all due respect, we believe there is an inherent and central 2 role, a pivotal role in your Honor to find out what happened to 3 a defendant in a case before the court, whether or not the 4 court grants the nolle pros today or whether it holds it 5 pending an investigation into Mr. Epstein's death. 6 We're not here without significant doubts regarding 7 the conclusion of suicide. We are not here to say what 8 happened. We don't know what happened. But we deeply want to 9 know what happened to our client. 10 Thank you, sir. 11 THE COURT: And you, as Mr. Weingarten, have the same 12 view of the nolle prosequi motion? 13 MR. WEINBERG: Yes, your Honor. 14 THE COURT: OK. 15 MS. COMEY: Your Honor, may I respond to some of those 16 points? 17 THE COURT: Sure. 18 MS. COMEY: Thank you, your Honor. 19 Just briefly. With the exception of the noting that 20 the defense does not have an objection to the government's 21 motion, virtually everything else that defense counsel just 22 argued, respectfully is completely irrelevant to the purposes 23 of today's proceeding and to the motion that is pending before 24 your Honor. 25 As an initial matter, the question -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000662 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 25 of 86 J8RsEPS1 1 THE COURT: Well, it may be. Well, I don't know. You 2 say irrelevant. 3 It is a public hearing, and I think it is fair game 4 for defense counsel to raise its concerns. 5 MS. COMEY: Certainly, your Honor. But it is 6 irrelevant to whether or not the motion should be granted. 7 THE COURT: Right. I get that. 8 MS. COMEY: I would also note that the question of 9 Mr. Epstein's death is the subject of an ongoing and active 10 investigation, as has been publicly noted, by a separate team 11 of Assistant United States Attorneys from the Southern District 12 of New York, separate from the team who is handling this 13 prosecution, as well as a separate team of FBI agents. 14 There is an ongoing and active grand jury 15 investigation into the circumstances surrounding Mr. Epstein's 16 death. It is the function of a grand jury and of the Federal 17 Bureau of Investigation to investigate crimes in the federal 18 court system. It is not the purview, respectfully, of the 19 court to conduct an investigation into uncharged matters. 20 So respectfully, we disagree with defense counsel's 21 suggestion that the court has some authority to conduct an 22 independent investigation. To the extent any other defendants 23 who are detained in the MCC have concerns about the conditions 24 or believe that the conditions are relevant to a future or 25 current bail determination, it is for those defendants and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000663 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 26 of 86 J8RsEPS1 their counsel to raise those arguments and for the judges hearing those arguments to evaluate those claims. It is not relevant to today's proceedings. Thank you, your Honor. THE COURT: In those other cases, Ms. Comey, judges do have authority to investigate, but don't here? MS. COMEY: Not to investigate, your Honor, but to hear arguments about the conditions of confinement in the MCC as they may relate to any bail determination. I believe that was the argument that was made. The bigger picture here, your Honor, is that the focus of today's proceeding, as we understand it, is to allow the victims who have gathered here today to be heard and to comment upon the case and to comment upon the motion that is pending, and to bring this case to a close. THE COURT: Got it. MR. WEINGARTEN: May I? THE COURT: Sure. MR. WEINGARTEN: We obviously saw this as, perhaps, the last opportunity to be before you, and we wanted to take advantage of the opportunity to say our peace and thank you for allowing us. There is precedent here. Ted Stevens, the Senator from Alaska case in Washington, DC, Judge Emmet Sullivan ordered an independent investigation by a private lawyer when SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000664 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 27 of 86 27 J8RsEPS1 he was deeply troubled by the alleged Brady violations. I represented the prosecutors in that case, so I'm very, very familiar with it. It is analogous. It is a situation where there was tremendous controversy over what happened in the case and whether or not the prosecutors went off the reservation. Judge Sullivan -- and there were three or four independent -- not independent, DOJ inquiries into the very same matter. But Judge Sullivan wanted his own opportunity to make a judgment with his own independent investigation. THE COURT: OK. MR. WEINBERG: If I could just add one precedent, your Honor. The Chief judge in the District of Massachusetts or the Chief Judge at the time, Judge Wolf, in a case called U.S. v. Fleming, when the conditions at Walpole, which is a state prison where federal prisoners were being held -- we don't have a federal MCC in Boston -- went to the prison, stayed in the prison to determine whether or not the complaints about the conditions were authentic. I think your Honor has the inherent authority to go to the ninth floor and see how the MCC houses pretrial detainees. Thank you. THE COURT: Are you saying that whether or not the motion is granted that is pending before us? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000665 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 28 of 86 J8RsEPS1 1 MR. WEINBERG: Yes, your Honor. 2 I think, like when appeals are taken, bail issues 3 remain before the district court. Jurisdiction is not 4 completely divested. Your Honor issued a pretrial detention 5 order and your Honor has the power, the inherent authority, 6 they are not going to refuse to allow you to go look at the 7 ninth floor. They are going to count on you to make decisions 8 in the future. 9 I just trust that the executive branch is not going to 10 prevent the judicial branch from looking into the death of 11 Jeffrey Epstein or the conditions in the SHU unit at the MCC, 12 sir. 13 THE COURT: Great. Thank you. 14 MS. COMEY: May I, your Honor? 15 Just very briefly, your Honor. I would note that upon 16 the dismissal of the indictment, which I believe the parties 17 agree is appropriate in this case, there would be no case. 18 There would be no jurisdiction for the court to conduct any 19 sort of inquiry, even if the court had such authority. 20 THE COURT: Right. 21 OK. I think we've heard enough. 22 It is at this point in the hearing that I would like 23 to call upon victims' counsel, plural, for any remarks they may 24 have and they may wish to make. Also, to introduce their 25 clients, those of them who wish to be heard. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000666 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 29 of 86 J8RsEPS1 1 It would be helpful if, in doing that, if counsel -- 2 Mr. Edwards and I see and I see Mr. Boise as well -- I know 3 they are counsel to several, at least several of the victims. 4 It would be helpful if whoever is speaking, both Mr. Edwards 5 and Mr. Boise, would indicate to the court whether or not they 6 have discussed the pending motion with their clients, that is 7 to say and the rule of abatement, etc., etc. with them prior to 8 today's hearing. 9 Are we going to hear from Mr. Edwards first, is that 10 right? 11 MR. EDWARDS: Thank you, your Honor. 12 THE COURT: You bet. 13 It would be helpful, Mr. Edwards, if you would state 14 and spell your name for the court reporter. 15 If you are going to introduce someone else, which I 16 trust that you are, if you could state and spell their name as 17 well. 18 MR. EDWARDS: Yes, your Honor. 19 May it please the court. Brad Edwards, B-r-a-d 20 E-d-w-a-r-d-s, with the law firm of Edwards Pottinger. 21 I have in the courtroom today 15 victims that I 22 represent and have represented over the years. There are at 23 least 20 more who didn't make this hearing today for a 24 multitude of reasons, some out of fear of public exposure, 25 others because the way in which this case ended will never SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 30 of 86 J8RsEPS1 bring full justice, and they decided it was best for them not to talk today. Some of my clients are going to address the court that are here today. Others are not. Some are going to use their names, and have in the past, and others wish to remain anonymous. And I have instructed each of them to inform the court reporter that they will be proceeding as Jane Doe so that the court reporter can take them down. THE COURT: For those who wish to remain anonymous? MR. EDWARDS: Exactly, your Honor. THE COURT: And that is satisfactory, as far as I am concerned. MR. EDWARDS: Before we do that, I would like to address a couple of the things that have occurred this morning. First of all, whether relevant or not, I personally, and on behalf of my clients, do appreciate the presentation that Mr. Weingarten made and Mr. Marty Weinberg made. I have tremendous respect for Mr. Weinberg. I've worked with him through this and related cases for years, and I understand the reason why they made the presentation that they made. There is two things of interest to our clients in that respect. One is, because of the tragic ending, that none of my clients wanted, nor did I, nor did anyone else, if there is some civil rights violation and there is some civil remedy for SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 31 of 86 J8RsEPS1 1 Mr. Epstein that goes to the estate, certainly the victims are interested in that as they might help to repair the damage done. 2 3 Second, Mr. Epstein's untimely death, the timing is curious to us. But more so, it makes it absolutely impossible for the victims to ever get the day in court that they wanted in court and to get full justice. That now can never happen. 4 5 I know that Mr. Epstein's attorneys say he wanted it, and they know, we did too. And there are a lot of people here today that are very sad by the way that this ended for both Mr. Epstein and the fact that full justice was robbed from them, once again. 6 7 The second issue I wanted to address was the Law Review or the Law Journal article that your Honor referenced, which is troubling because the opinion seems to say that transparency is not appropriate in the criminal system and is not appropriate at this point in time. 8 9 That's tough to swallow, especially in this case, given the long history of this case. Personally, it is tough to swallow, and on behalf of my clients, I can say that is very concerning. Transparency is the only way that the justice system works. We know this because there was a similar investigation of Mr. Epstein many years ago, from 2005 to 2008. 10 11 My personal involvement in this case was because a young female came into my office named Courtney Wild, and she SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000669 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 32 of 86 J8RsEPS1 1 came to me not asking to file a lawsuit against Jeffrey Epstein, but simply asking for the government to talk to her. She was cooperating in an FBI investigation and wanted the government to speak with her, and I thought that was going to be an easy task. 2 3 It was only a few months later that we learned that this investigation that was represented to my client in written form, that it would be a long investigation, and to be patient. Basically, to hang tight. It was resolved by way of a secret deal that never allowed any of the more than 30 victims who had been identified of Mr. Epstein's abuse in Florida to ever participate in a single hearing. There was a hearing. They were never notified. 4 5 I then went on to represent many of them in civil cases and also in extensive pro bono work. And I can tell your Honor that while Jeffrey Epstein's abuse of them hurt them and harmed them for many years, the feelings they had was aggravated exponentially by the facts that they had no rights in the criminal justice system, by the fact that they were treated as if they didn't matter. They were not allowed their rights under the Crime Victims' Rights Act to meaningfully confer with prosecutors, to be treated with fairness, to be treated with dignity. That is what this is supposed to be about, and to have notice of hearings. 6 7 So I do want to thank your Honor, and especially the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000670 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 33 of 86 33 J8RsEPS1 prosecutors who have worked this investigation and this case, which is very different in experience for all of my clients and the other Epstein victims in this case, because they were allowed to be a part of the process. While some of them elected not to be here today, that opportunity should always be allowed for them. In 2008, we filed that case under the Crime Victims' Rights Act because our clients' rights were violated, and as your Honor knows, a federal judge has ruled in our clients' favor that their rights were violated. So this hearing today means a lot to them. The fact that they may never get their chance to speak in court, they may never get complete closure, and all of us have to wonder, if their rights had been afforded them the first time, would any of us be here right now. Or wouldn't it more likely be the case that everyone, including Jeffrey Epstein, would have turned out better for it? Today, I have not only represented, but met and become very close with many of these victims. Many of these survivors. They are very strong people. They are people who have persevered through a lot of adversity. It's been a roller coaster of emotions that has led us to where we are today. And while they have all been cast over the years because of the secrecy of the first investigation, in the shadow as victims, you can't put them all in one bucket and say one size fits all. They are each individual people who were harmed differently and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000671 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 34 of 86 34 J8RsEPS1 distinctly through not only the abuse, but the system. And on behalf of all of them, I would like to thank your Honor for the fairness with which they've been treated, and the United States Attorney's office for the way in which you have handled this investigation, and especially how you have treated the victims in this case. Like I said, I have many who want to speak. Some that can't. This is a very difficult day for them. But we appreciate the opportunity and the invitation. The first client that I have that is going to address your Honor is the one who walked into my office in 2008 asking just to be heard, Courtney Wild. THE COURT: Hold on one second. Did you all want to be seated? You don't need to be standing. Whatever is more comfortable until you're ready to give some comments. It's up to you. Ms. Wild, if you could spell your name for the court reporters, please. MS. WILD: Courtney, C-o-u-r-t-n-e-y, last name Wild, W-i-l-d. (Continued on next page) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000672 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 35 of 86 J8RPEPS2 1 MS. WILD: My name is Courtney Wild, and I'm a victim of Jeffrey Epstein. Jeffrey Epstein sexually abused me for years, robbing me of my innocence and mental health. Jeffrey Epstein has done nothing but manipulate our justice system, where he has never been held accountable for his actions, even to this day. Jeffrey Epstein robbed myself and all the other victims of our day in court to confront him one by one, and for that he is a coward. I want to thank the U.S. Attorney's for seeking justice that has been long over due, and most importantly, given us, the victims, our day in court to speak our peace and find some sort of closure. I feel very angry and sad that justice has never been served in this case. Thank you. THE COURT: Thanks very much. MR. EDWARDS: I believe my next client who is going to speak is probably going to speak as Jane Doe. JANE DOE NO. 1: Yes, Jane Doe. THE COURT: We'll say Jane Doe No. 1, just for the record. JANE DOE NO. 1: Okay. Thank you for allowing us to speak today. I've shifted what I want to say in hearing what's already been said, and just about the question of Jeffrey's death. I don't know what the relevance is to this hearing, but I do know that it is profoundly relevant to my SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000673 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 36 of 86 J8RPEPS2 1 life, as a victim. I don't like that word, but I still feel 2 like I am learning the ways that he's impacted me as a complex 3 situation, but he was also a major part of my life. As 4 destructive as that relationship was and as much of a villain 5 as we have created him to be -- based on facts we've created 6 him to be a villain -- he's a complex villain and actually all 7 of that is irrelevant. Anybody deserves -- an investigation is 8 the right thing to do. Like, we do need to know how he died. 9 10 It felt like a whole new trauma all over again, and I don't know why, you know, because I -- I'm trying to defend 11 myself against him at this point in my life, but it still does 12 not feel good. It didn't feel good to wake up that morning and 13 find out that he had allegedly committed suicide. Okay. But I 14 also wanted to say to the press, I'm reading -- I read my story 15 in the paper. I read so many other girls' stories that are so 16 similar to my own, and everything that's been focused on is not 17 the most important part of it. 18 There was -- the problem with focusing on these, the 19 facts of the situation, that were out of the ordinary and like 20 because he was such a grand person, and it was just a unique 21 situation. I know that that's the more interesting side of the 22 story, but I don't want to be used as entertainment. And the 23 problem, the fundamental problem of the whole situation is the 24 element of exploitation and coercion, and these are things that 25 so many girls can relate to. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000674 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 37 of 86 37 J8RPEPS2 And even though this Jeffrey Epstein brought it to a grand scale, on some level, a lot of girls could relate to the trauma that we are talking about, and even though this whole situation sucks, I would like to think that it may be possibly a catalyst for change because, obviously, as we're seeing with the "Me Too" movement, change needs to happen and it's -- what I'm seeing in the papers is not a common story, but it's so much more common than you realize. That's all. Thank you. THE COURT: Thank you very much. MR. EDWARDS: I believe that the next client is going to also be a Jane Doe; so I think for the purposes of the record it will be Jane Doe 2. THE COURT: Yes. JANE DOE NO. 2: Good morning, your Honor. THE COURT: Good morning. How are you? JANE DOE NO. 2: Doing okay. I hadn't prepared any words to speak today, but there is something that was on my mind this morning when I got here. It's been on my mind in reading through the press and through the people that I've spoken to about it, friends, family. It's something that's bothered me because I think it has a lot of blame in it, as well, a little bit of what my friend, who was up here, was speaking about. I think that a lot of people asked why we spent so much time, why we stayed. It's an experience that's really SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000675 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 38 of 86 38 J8RPEPS2 hard to explain to people who haven't gone through it. I think there's a writer, Thomas Nagel, who wrote an essay called "What is it like to be a bat?" And I think that he touches on it pretty strongly and if you haven't experienced something, it's very hard to fully understand why someone makes the decisions they do and what the circumstances were. I don't want to speak for all of the victims. I think each of us has a different story and different circumstances for why we stayed in it, but for me, I think he was really strategic in how he approached each of us. Things happened slowly over time. We didn't -- it almost was like, putting it like that analogy of a frog being in a pan of water and slowly turning the flame up. You didn't realize it was happening, and it just -- I don't think anyone can fully understand the experience, but I just -- the blame feels very strong. There's a lot of support as well, but I just want people to try and understand that we aren't bad people. We weren't trying to -- it wasn't a situation where we were trying to extort money from someone. A lot of us were in very vulnerable situations and in extreme poverty, circumstances where we didn't have anyone on our side, to speak on our behalf, and that's really scary. You start to blame yourself because, at first, you don't tell anyone what's happening, and it becomes your deep, dark secret that you tried to keep from everyone. And I didn't SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000676 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 39 of 86 39 J8RPEPS2 even know I was a victim until I spoke with my lawyers. I had no idea. I had so much self-hatred and doubt and just guilt for everything. I still do. I still don't feel like I deserve to say I'm a victim, and I think that's a big problem with our society right now, that people are still blaming victims, and I think that does need to change. I hope that today people understand that each of us has a story, has a past, has a family and just give us a chance to -- you know, that's basically all I just wanted to say. THE COURT: Thank you so much. JANE DOE NO. 2: Thank you so much. THE COURT: Okay. MR. EDWARDS: Okay. I think that the next person who is going to speak is also going to be speaking as Jane Doe; so for the purpose of the record, Jane Doe No. 3. JANE DOE NO. 3: Thank you for allowing us to speak today. I came to New York City 15 years ago to pursue modeling from a small town. I signed on with an agency and was excited to pursue my passion and my dream. Several months later, I met a female who told me about Mr. Epstein. She portrayed him as an amazing man who genuinely cared for people and that he was going to be able to help me in a modeling career. I was excited to meet him, after hearing her talk about him. He sounded like an amazing person. An introduction was made at his New York home, and it is there that I was SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000677 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 40 of 86 40 J8RPEPS2 1 sexually assaulted. I left his home, after he threw me, 2 basically put money on the table, and I was ashamed. I was 3 embarrassed. This was not the way I was brought up, and I 4 couldn't believe this had happened to me. 5 I left and my world kind of spiraled after that. I 6 stopped going on modeling castings. I gained weight. I became 7 depressed. I stopped going out with my friends, and only five 8 months after I had been in New York City to pursue my dream, I 9 left. I left the modeling industry, and I left New York City, 10 and I totally switched my career paths. 11 I buried this deep within me, and all of the new 12 occurrences that have come up in the media is what brought it 13 back up for me. And I feel sickened and saddened that it took 14 so many years, and God knows how many victims, for this to 15 finally come out, but I'm thankful it did. And I'm just angry 16 that he's not alive anymore to have to pay the price for his 17 actions. So I thank you for your time. 18 THE COURT: You're very welcome. 19 MR. EDWARDS: Your Honor, Jane Doe No. 4, I believe, 20 is going to speak now. 21 JANE DOE NO. 4: Good morning, your Honor. 22 THE COURT: Good morning. 23 JANE DOE NO. 4: I just have something very short to 24 say. I met Jeffrey Epstein at a very vulnerable place in my 25 life, and whatever the outcome is with everything, I just SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000678 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 41 of 86 41 J8RPEPS2 1 wanted to express that we, the victims, we will always carry irreparable damage and pain throughout our lives after this. It's something that's never going to go away. 2 You know, whoever we marry in our life, whatever future we have in our life, it's always going to be something that's always there for us. And I'm very nervous right now. 3 And Jeffrey Epstein, he took away the chance I had at having the future I had envisioned for myself as a young girl, and I think many of us here today will never fully heal from that pain and the heartache that we'll continue carrying with us. 4 So I just wanted to say that. It's something that's irreparable. I can't even really use a better word to describe that. So thank you for hearing us today. 5 THE COURT: You're very welcome. 6 MR. EDWARDS: Your Honor, Jane Doe No. 5 would like to speak. 7 JANE DOE NO. 5: This is a letter that I wrote; so it's going to be: Dear Jeffrey, I think you are a mentally disturbed human being. You used your power to make me believe at a young age that I could have my dreams of being a model. You paid for your freedom. You violated my rights. You should have to pay for them, just as anyone else. You got a plea deal that no one else would have been able to get. You used your money to get out of paying the price for your actions. 8 Also, as a victim, I never got to see what the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 42 of 86 42 J8RPEPS2 agreement was or why the special treatment got approved. I think you should have been in jail for several years in population and live like everyone else that is mentally disturbed like you. You paid for yourself to get special treatment while you were in jail. I don't even think you spent a day in a jail as a normal human being. You had investigators come to my house and also went to my friend's house to question them. I will never be able to get over -- I will never be able to get over the overwhelming emotions and embarrassment I experienced from that trauma. I needed therapy several times a week and had high stress and anxiety levels. You paid your way to make the public think that the girls had nothing in life going on for them. You wanted to try and blame that we were lower class and that was the problem with the girls. I was from a middle class family and did well in school. I lived the American girl dream -- or the American girl life. I went on family vacations around the world, grew up in a good city, and my parents are still married to this day. Basically, everything you said that we didn't have in our life, I did. It all came down to I was told I was making $200 in an hour. Being young, that was a lot of money, and I didn't know any better. Sadly, you were the one with an illness that you should have to go and see a doctor and also have a mentor group SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000680 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 43 of 86 43 J8RPEPS2 for the sickness you have. I will continue with writing my book about that secret life, with all the newspaper articles of the case, my high school agenda book of official dates. I'm basing that proof that I deposited cash after leaving Jeffrey's. I still have all of the information, articles that I collected over the years. You mentally and physically traumatized me. I went to therapy, and it was the best thing I did for myself. If anyone only learns one thing from this case, I hope is that money should not let you buy your way free. A crime is a crime and a victim is a victim. Thank you. THE COURT: Thank you. Thank you very much. MR. EDWARDS: Your Honor, my next client is Chauntae Davies, C-h-a-u-n-t-a-e, Davies, D-a-v-i-e-s. MS. DAVIES: I met Jeffrey Epstein through my first massage teacher, a man who took me in as his apprentice to teach me a practice I wanted to learn while in desperate search to find a cure for a debilitating neurological disorder that I have, which manifests into violent vomiting attacks, largely triggered by stress. It's called Cyclic Vomiting Syndrome. I was recruited by Ghislaine Maxwell. Upon my first meeting of her, I wouldn't know I had been recruited until many years later, when I would read it in a headline. Ghislaine and Jeffrey took me in. They sent me to school. They gave me a job. They flew me around the world, introduced me to a world I SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 44 of 86 44 J8RPEPS2 had only dreamt of and made me feel as though I had become a part of their family, another thing I was desperately searching for. But on my third or fourth time meeting them, they brought me to Jeffrey's island for the first time, and on the first night there, Sarah Kellen came tapping on my door late at night to inform me Jeffrey was ready for another massage. My instincts told me this didn't feel right, but I got up and followed her to a villa I hadn't yet seen. Jeffrey and Ghislaine's villa. I began my massage, trying not to let him smell my fear and obvious discomfort, but before I knew what was happening, he grabbed onto my wrist and tugged me towards the bed. I tried to pull away, but he was unbuttoning my shorts and pulling my body onto his already naked body faster than I could think. I was searching for words but all I could say was meek, "No, please stop," but that just seemed to excite him more. He continued to rape me, and when he was finished, he hopped off and went to the shower. I pulled my shorts up, and I ran as fast as I could back to my own villa, my feet bloodied from the rocks. I cried myself to sleep that night. I spent two weeks vomiting, almost to death, in a Los Angeles hospital after that first encounter. Jeffrey's abuse would continue for the next three years, and I allowed it SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000682 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 45 of 86 45 J8RPEPS2 to continue because I had been taken advantage of my entire life and had been conditioned to just accept it. It took me a long time to come forward, too long maybe, and all it took to bring -- and all that it took to bring this man to justice has been robbed by his death. Every day, every week I've spent in the hospital since, I've suffered and he has won. Every job offer that's been offered to me and then retracted because of my connection to this case, I have suffered and he has won. Every public humiliation I have endured, I have suffered and he has won. Every relationship that I've had to end because of the abuse that I have endured by the hands of this man, I have suffered and he has won. Every woman sitting in this room today, and all of the women who have yet come forward and who have not yet to come forward and whose lives have been affected by Jeffrey Epstein's sick abuse of young girls, we have all suffered, and he is still winning in death. I refuse to let this man win in death. I couldn't fight back when Jeffrey Epstein sexually abused me because I hadn't yet found my voice. Well, I have found my voice now, and while Jeffrey may no longer be here to hear it, I will not stop fighting, and I will not be silenced anymore. I needed him to hear the pain he's caused, what I've gone through because of him. I wrote a 350-page book of all the pain that I have endured at the hands of this man that I really needed him SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000683 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 46 of 86 46 J8RPEPS2 1 to hear. His death has robbed me of that justice. 2 Please don't rob us of justice again. Thank you. 3 THE COURT: Thank you. 4 MR. EDWARDS: Your Honor, I think I have one more 5 client that is going to speak today, Anouska De Georgiou. 6 THE COURT: Would you spell that? 7 MS. DE GEORGIOU: Good morning, your Honor. 8 THE COURT: Good morning. 9 MS. DE GEORGIOU: My name is spelled A-n-o-u-s-k-a, 10 D-e, space, G-e-o-r-g-i-o-u. 11 Thank you, your Honor, for giving us the opportunity 12 to be heard this morning. 13 THE COURT: Sure. 14 MS. DE GEORGIOU: When I was introduced to Jeffrey 15 Epstein, I was young and full of hope and the foolishness of a 16 teenager. I was idealistic, and I saw the good in people. 17 Jeffrey Epstein manipulated me, coerced me and sexually abused 18 me. 19 Something I think is very important to communicate is 20 that loss of innocence, trust and joy is not recoverable. The 21 abuse, spanning several years, was devaluing beyond measure and 22 affected my ability to form and maintain healthy relationships, 23 both in my work and my personal life. He could not begin to 24 fathom what he took from us, and I say "us" because I am every 25 girl he did this to, and they're all me. And today we stand SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000684 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 47 of 86 47 J8RPEPS2 together, those that are present and those that aren't. I was a victim, and it has taken me many, many years to stand here and say, yes, it was me. I was a victim, but I will not remain a victim and be silent for one more day. Although I think it's tragic when anybody dies before their time, I'm extremely relieved that Jeffrey Epstein will not be in a position to hurt anymore children or anymore women, and I'm glad to be part of a group of women who are now bonded forever in the trauma that we endured at the hands of this man. Thank you. THE COURT: Thank you. MR. EDWARDS: Your Honor, we had one client who was not able to be here but sent a message through a letter. Her name is Michelle Licata, M-i-c-h-e-l-l-e; last name, L-i-c-a-t-a. And Brittany Henderson, of my office, is going to read her letter as instructed. THE COURT: Sure. MS. HENDERSON: Thank you, your Honor. THE COURT: Yup. MS. HENDERSON: What happened to me occurred many years ago when I was in high school, but it still effects my life. I was told then that Jeffrey Epstein was going to be held accountable, but he was not. In fact, the government worked out a secret deal and didn't tell me about it. The case ended without me knowing what was going on, without him being SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000685 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 48 of 86 48 J8RPEPS2 held responsible, without any explanation and without a chance for my voice to be heard. I was treated like I did not matter. Many years later, he was arrested again. These investigators and attorneys representing the United States have been completely different. I am still mad, concerned and confused about how he committed suicide and escaped responsibility again, but I know it is not the fault of the judge or the government attorneys. I was allowed to be a part of the process this time. My attorney was able to tell me what was going on at every stage because they kept him informed. Thank you for inviting me. It means more to me than you can ever know. I was not able to be here this time, but I know that I was allowed to be and I had the chance to attend this hearing, which is helping me in my healing process. The fact that I mattered this time and the other victims mattered is what counts. For that, I am grateful. THE COURT: Thank you. MR. EDWARDS: Your Honor, finally, in 2008 when I filed the case under the Crime Victims Rights Act, it wasn't me alone. I did it with Paul Cassell and Jay Howell. Paul Cassell is here today, and I think your Honor even cited to a piece of -- an opinion of his from when he was on the bench, and he has some remarks to make. Once again, your Honor, I really do believe that this SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000686 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 49 of 86 49 J8RPEPS2 is a model for how victims should be treated in a criminal process, and we really do appreciate it. Thank you. THE COURT: Thank you. MR. CASSELL: I'll be very brief because I know there are others that want to speak here. I'm Paul Cassell, C-a-s-s-e-l-l, previously served as a federal judge at the District of Utah, currently a law professor, where I teach crime victims rights at the University of Utah, College of Law. I just wanted to take one minute to address some suggestion that there would be no need for a hearing this morning. I think, having heard already from these powerful victims and recognizing how important giving those statements will be in the trajectory of their lives, makes clear that your Honor has followed exactly the right path. Legally, there is one precedent, which is U.S. v. Heaton, a case that you cited that I wrote about a decade ago, and as explained in that opinion, victims have important interests in the criminal justice system that can only be recognized if they're given their day in court. With all due respect to other law professors that have recently written an article, I think transparency is one of the overriding objectives in our criminal justice system, and the one substantive action that I would urge your Honor to take today is to publish your remarks as a published opinion. The Heaton case is, to my knowledge, the only reported decision on SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000687 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 50 of 86 50 J8RPEPS2 this particular issue, even though it's more than a decade old and, yet, we can see today that these problems recur in many other cases. Your remarks today, I think, should be published so that they can serve as a guide for other judges around the country. I would encourage you to add into your remarks a reference to the Crime Victims Rights Act. The Crime Victims Right Act promises victims the right to be treated with fairness, dignity and respect, and the process that we see unfolding this morning is a clear example of how victims can be treated with fairness, dignity and respect. So I know that your Honor is wondering what is the appropriate action here. Unfortunately, it seems like there are no other legal options, but there was a legal option for you to decide to exercise, which was to allow these victims to come forward. And if there's been one positive thing that has come out of the tragedies, the abuse, the other events of this case, it's been your decision to allow these victims to be heard this morning, and I encourage you to publish your decision and to encourage other judges to follow what is clearly a model for crime victims rights and is clearly an example that should be followed in other cases down the road. THE COURT: Thank you very much. I appreciate your being here. I had no idea that you would be here when I wrote the remarks, but it was clear from the literature that you are SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000688 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 51 of 86 51 J8RPEPS2 the leading expert formerly of the District Court of Utah, I believe, and it's a pleasure to have you here today. MR. CASSELL: Thank you, your Honor. THE COURT: Thanks. Mr. Boies? MR. BOIES: Thank you, your Honor. David Boies of Boies Schiller Flexner. We have with us today five of the victims that we represent. There are a number of additional victims who either were unable to attend or are still unwilling to come forward publicly. This has been an enormously traumatic aspect of their lives, something that, as you've already heard and will hear more today, is something that they can never entirely escape from. I want to, as prior counsel have, commend both the Court and counsel for the Department of Justice for the consideration and respect and attention that they have paid to the victims. We believe that that is not only right, as a matter of human dignity, but we think that is exactly what the law requires and intends. I will be more blunt than the Court has been, or Professor Cassell has been about Professor Green's article. That is an article that cites no authority, and I believe there is no authority for his proposition. I entirely respect his right to advocate on behalf of his client Alan Dershowitz, who has retained him in connection with litigation that we've SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000689 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 52 of 86 52 J8RPEPS2 brought against Mr. Dershowitz, but I would have expected that the Law Journal or Professor Green himself would have disclosed that connection, which I think is a conflict. But regardless of the appropriateness of his disclosure, or lack of disclosure, I think that his article opposing allowing the victims to have a voice in this proceeding is inconsistent not only with the policy that underlies the Crime Victim Rights Act and the very statute that Mr. Epstein is being prosecuted under, but it ignores the actual language of those statutes, and many other statutes, in which Congress has made clear that the purpose of the criminal law is no longer simply to punish the individual defendant, but it is to find some way of trying to mitigate the damage that has been done to the victims through restitution and economic mitigation, but also through the ability to confront and to have the court system and the justice system and the prosecutors treat these victims as they are victims, as they are human beings, and they are entitled to the respect that our society needs to give every human being. So I think that this is not only commendable, but I think it is what the law requires. In response to the question the Court asked, I have discussed this hearing with my clients. I have told them that, under the applicable law, the government has no alternative but to move to dismiss this case, and I believe under the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000690 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 53 of 86 J8RPEPS2 1 applicable law in this circuit, the Court has no alternative but to grant that motion. 2 3 I think the current law is outdated, as the Court suggested in some of its remarks. I think there will come a 4 time when either an Appellate court or the Congress will make clear that, just as it's possible to continue civil cases 5 against someone after they have deceased, it is possible, at least for purposes of things like restitution, to continue 6 criminal cases, but we are not there now. And, fortunately, in this case, there are other ways and perhaps even more efficient 7 ways to vindicate the interests of the victims here. 8 9 We greatly appreciate the remarks of the representative of the Department of Justice today, and we, too, 10 on behalf of the victims, are not going to stop when we walk out of this courtroom. We are going to continue to seek 11 vindication against Mr. Epstein's estate and, in some senses, perhaps even more important, against the people who worked with 12 him and enabled him. 13 14 As you have already heard, and will hear more, Mr. Epstein did not act alone. He could not have done what he 15 did, on the scope and the scale of what he did, for as many years as he did it without the activities and support and the 16 co-conspirator activity of a number of other key individuals, and those individuals also need to bear their share of 17 responsibility, and those people need to have a reckoning as 18 19 SOUTHERN DISTRICT REPORTERS, P.C. 20 (212) 805-0300 21 DOJ-OGR-00000691 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 54 of 86 J8RPEPS2 1 well. 2 My partner Sig McCawley, who's been working with me 3 for more than five years on this case, is going to, with the 4 Court's permission, introduce five of our clients who will 5 speak briefly to your Court. Thank you very much. 6 THE COURT: Thank you very much, Mr. Boies. Pleasure 7 to have you here. 8 9 MS. MCCAWLEY: Thank you, your Honor, the first victim 10 that would like to speak today is Theresa J. Helm. 11 THE COURT: Can we have the spelling of your name? 12 MS. MCCAWLEY: Sure. Sigrid, S-i-g-r-i-d, and the 13 last name is M-c-C-a-w-l-e-y, and I'm a partner at Boies 14 Schiller Flexner. 15 THE COURT: Thank you. 16 MS. HELM: Good morning. 17 THE COURT: Good morning. 18 MS. HELM: Thank you, prosecutors and Judge, and the 19 Court. My name is Theresa Helm. I note today I do feel 20 respected and listened to; so I appreciate that, and I have to 21 say that I commend the boldness of the New York prosecutors for 22 pursuing a man that has, you know -- and others, that have 23 clearly taken a lot from a lot of people. 24 17 years ago I knew him only as "Jeffrey." I was 25 recruited and brought from California to New York, and that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 55 of 86 J8RPEPS2 1 experience for the last 17 years has been a dark corner in my story, in my life, in my life story and that has been definitely made worse by my own self-shame and that -- and anger for normalizing all of the red flags. I feel like we are conditioned to do that, and that's something that needs to change. 2 So I'm here today, you know, I'm coming forward because it is time to bring light to that darkness, and it's time to replace that darkness with light. And I am a survivor of this, and I do aim to progress further from being a survivor, you know. I feel I've worked hard, quite hard, to get to where I'm at now, and I'm definitely at a place in my life where I will no longer cover up. I'll no longer cover up what needs to be brought to light. 3 Jeffrey is no longer here, and the women that helped him are, Ghislaine Maxwell. My experience is with Ghislaine Maxwell and Sarah Kellen, and they definitely need to be held accountable for helping him, helping themselves, helping one another carry on this huge, almost like a system. So they need to be held accountable, all of them, and I would like to see that, certainly on behalf of myself and for everyone here. 4 Thank you. 5 THE COURT: Thanks so much. 6 MS. MCCAWLEY: Our next client, who is going to speak this morning, is Virginia Roberts Giuffre. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000693 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 56 of 86 J8RPEPS2 1 MS. GIUFFRE: Good morning, your Honor. 2 THE COURT: Good morning. How are you? 3 MS. GIUFFRE: Okay. Thank you. My name is Virginia 4 Roberts Giuffre, that's V-i-r-g-i-n-i-a, Roberts, 5 R-o-b-e-r-t-s, Giuffre, G-i-u, double F, for Fred, -r-e. 6 I am a victim of Jeffrey Epstein and Ghislaine Maxwell 7 in the dark and cruel and criminal acts they committed against 8 me and hundreds of other girls and young women for years and 9 years and years, unstopped. 10 Thank you for allowing me to address the Court and 11 speak the truth. I commend the prosecutors from the Southern 12 District of New York for the ongoing investigation and its 13 pursuit of justice for us victims. It has given me hope, and I 14 will not let go of that hope. 15 When I was recruited by Ghislaine Maxwell at 16 Mar-a-Lago, just before I was 17, I thought I was given a big 17 break, and I'd be able to reset my life and become an actual 18 real massage therapist. My hopes were quickly dashed, and my 19 dreams were stolen. Jeffrey Epstein is no longer alive, but 20 this is not about how he died. This is about how he lived. 21 He will not have his day in court, but the reckoning 22 of accountability has begun, supported by the voices of these 23 brave and beautiful women in this courtroom today. The 24 reckoning must not end. It must continue. He did not act 25 alone and we, the victims, know that. We trust the government SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000694 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 57 of 86 57 J8RPEPS2 is listening and that the others will be brought to justice. Thank you, your Honor. THE COURT: Thank you very much. MS. McCAWLEY: The next client of ours that will be speaking this morning is Sarah Ransome. MS. RANSOME: Thank you, your Honor. My name is Sarah Ransome, R-a-n-s-o-m-e. I'm a victim of Jeffrey Epstein and Ghislaine Maxwell's international sex trafficking ring. I would like to thank the Court for the dignity and the respect you are showing me here today, as well as the other victims. I would also like to acknowledge and extend my gratitude to the prosecutors from the Southern District of New York for pursuing justice on behalf of the victims. Please, please finish what you have started. I struggled to find the words to adequately say how important your work is to us. For a very long time Jeffrey Epstein gamed the system at every level, and when he realized he couldn't do that any longer, he showed the world what a depraved and cowardly human being he is by taking his own life. But we, the victims, are still here, prepared to tell the truth, and we all know he did not act alone. We are survivors, and the pursuit of justice should not abate. Thank you, your Honor. THE COURT: You're very welcome. MS. McCAWLEY: Our next client who is going to be SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000695 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 58 of 86 J8RPEPS2 speaking this morning is Annie Farmer. MS. FARMER: Good morning, your Honor. THE COURT: Good morning. MS. FARMER: Annie, A-n-n-i-e, Farmer, F-a-r-m-e-r. I had the opportunity to speak at Jeffrey Epstein's bail hearing, and I really appreciate that you heard me and listened to me that day. I am so sorry that others will not have the opportunity to stand before him the way that I did. But I'm here today to speak on behalf of my sister, Maria Farmer, who could not be here. Jeffrey Epstein, Ghislaine Maxwell not only assaulted her, but as we're hearing from so many of these brave women here today, they stole her dreams and her livelihood. She risked her safety in 1996, so many years ago, to report them, to no avail, and it is heartbreaking to her and to me that all this destruction has been wrought since that time. We were deeply disappointed and disturbed by Epstein's death and the fact that that was allowed to happen while he was in the government's custody, and I'm encouraged to hear that there will be a full investigation as to how that was allowed to happen. But it is extremely important, as others are saying, that he did not act alone and that the other people that were a part of what he did are held accountable and that that investigation continues. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000696 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 59 of 86 59 J8RPEPS2 1 I believe that we have a real problem in this country with perpetrators of sexual abuse and sexual assault being held accountable. There are so many roadblocks to victims being heard, to cases being investigated thoroughly, and then to those cases being prosecuted. And so I think this is a really important signal to send a message to victims out there that people will take you seriously, people will follow through, and that even those in power, as we have unfortunately seen, that has not been often are able to escape that, that even those in power will be held accountable. Thank you. 2 THE COURT: Thanks so much. 3 MS. MCCAWLEY: Our next client, who's going to address the Court is Marijke Chartouni. She says it much more beautifully than I do; so I'll let her say it. 4 MS. CHARTOUNI: My first name is spelled, M-a-r-i-j-k-e; last name is C-h-a-r-t-o-u-n-i. 5 My name is Marijke Chartouni, and I am a victim of Jeffrey Epstein and the sophisticated sex trafficking operation he ran, where he allegedly was to be a financier. 6 I was 20 and previously modeled and was living in the West Village. I met a young woman named Rena through a mutual friend. We were friends for a few months. She was an amazing artist and liked to party. One day she called me and asked if I was interested in meeting a friend of hers. She told me he wanted to meet me and really liked blondes, and I thought he was SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000697 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 60 of 86 60 J8RPEPS2 our age and liked to do the same things we did at that age; so I agreed. On a sunny, crisp day, we took the train together to the Upper East Side. She then began to talk a little bit about him on our way to his house. I was at his house. I was sexually assaulted by both Rena and Jeffrey Epstein in his mansion. It left me feeling both disgusted and betrayed. As we walked home to the subway afterwards, she continued to tell me about the man who had just abused me with her participation. She seemed exhilarated from the horrific experience. I was shocked and in a daze. This is a few things that she had told me. She told me he went to Cooper Union. He was a mathematical genius. That he had favorite girls that he would take to Chanel for 15-minute, all-you-can-buy shopping trips. She told me his right-hand person had connection to the arts and the fashion world, and she could help me. This is not my complete story. I'll stop here. I'm in a good, stable place in my life, and I had decided to come forward to be a voice to the victims who may not be able to tell their story, or at least not yet. I feel like I am a survivor. Thank you, Judge Berman, for inviting victims to speak today before you. We hope the government is listening very closely to the words we are saying. THE COURT: Thank you very much. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000698 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 61 of 86 61 J8RPEPS2 1 MR. BOIES: Your Honor, just very briefly. 2 THE COURT: Sure. 3 MR. BOIES: I would like to express to the Court how proud I am of all of these women who have come forward. It's taken an enormous amount of strength and courage for them to do so. Thank you. 4 THE COURT: Thanks, Mr. Boies. Hold on one second. 5 (Pause) 6 MS. LERNER: Thank you, your Honor. My name is Kimberly Lerner, of Lerner and Lerner, and your Honor, with your permission, I would like my client, Jennifer Aroz, to stand next to me. 7 THE COURT: Sure. 8 MS. LERNER: Would that be okay? 9 THE COURT: Absolutely. 10 MS. LERNER: Your Honor, I would like to begin by saying that I am in awe of all of these beautiful women. I just want to let you know, on behalf of Jennifer and myself, we admire you, we respect you, and we applaud you, and you are brave survivors. And Jennifer's heart is with all of you, and we thank you so much for coming forward. 11 Jennifer, when she went public, she thought she was one of the only ones, and to see all of these faces is, I know, amazing for her. 12 Jeffrey Epstein was a predator, a pedophile and a sick SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000699 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 62 of 86 62 J8RPEPS2 individual. However, he was also a thief. He stole Jennifer's childhood dreams, her innocence and her self-confidence. She was 14 years old. What he could not buy, he forcibly took. Why? Because he surrounded himself with a network of powerful people who not only looked the other way, but also actively facilitated and participated in his sexual abuse of children. Jeffrey Epstein thought he was above the law, and essentially he was until now. The system let Jennifer and the other victims down, but it does not have to end here. We ask the U.S. Attorney's Office and the FBI to bring all of Epstein's enablers and co-conspirators to justice. It has taken Jennifer 18 years to find her voice, and again, Jeffrey Epstein has tried to silence her. While she will never have her chance to face him in court, he no longer has any power over her. Today, this brave survivor will be heard. MS. AROZ: Thank you for allowing me to be able to have my chance in court today, to be able to tell you what this horrific man did to my life. You can't even imagine how much it affected my childhood, all the way through my adult life. He robbed me of my dreams. He robbed me of my chance to pursue a career I always adored. He stole my chance at really feeling love because I was so scared to trust anyone for so many years that I had such severe anxiety. I didn't want to leave my house let alone my bed. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000700 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 63 of 86 J8RPEPS2 1 The fact that he felt entitled to take away my 2 innocence, the fact that he felt that he could do whatever he 3 wanted, regardless of the laws, hurts me so very much. It took 4 me years to tell anyone what Epstein did to me because I was so 5 ashamed and embarrassed at what people would say or think of me 6 until I found out there were other victims, girls just like me. 7 I knew I could no longer keep my silence no matter how ruthless 8 and powerful Epstein was, and still is even after his death. 9 The fact I will never have a chance to face my 10 predator in court eats away at my soul. Even in death, Epstein 11 is trying to hurt me. I had hoped to at last get an apology, 12 but this evil man had no remorse or caring for what he did to 13 anyone. I felt let down by the people who were supposed to 14 watch him in prison. They let this man kill himself and kill 15 the chance of justice for so many others in the process, taking 16 away our ability to speak. 17 Out of all the damages and side effects that Epstein 18 caused by his heartless and selfish acts, it's very hard to put 19 my feelings and emotions into words, trying to let his 20 horrendous actions go and attempting to forgive him, has been 21 so difficult for me. Yet, as hard as it's been to come so 22 publicly forward, I refuse to let Epstein take me as a victim 23 anymore. 24 I am a survivor. The many that stand before me here 25 today that have shared the horrific experiences with this SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000701 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 64 of 86 64 J8RPEPS2 1 deplorable human being, because even though this weak, evil 2 coward tried to steal all of our childhoods, tried to steal all 3 of our innocence and tried to steal all of our means of 4 justice, he will never steal our inner strength, and he will 5 never, ever, ever steal our voice. Thank you so much. 6 THE COURT: You're welcome. 7 MS. GIBBS: Good morning, your Honor. Teri Gibbs, 8 T-e-r-i, G-i-b-b-s. For the record, I am a California 9 attorney. I'm not admitted to the New York State bar. I am 10 here to make a statement on behalf of New York attorney, Lisa 11 Bloom. I work for her firm, The Bloom Firm. 12 Lisa Bloom represents four of Jeffrey Epstein's 13 victims, Jane Doe 6, for the record, Jane Doe 7 and Jane Doe 8. 14 I am so proud of all of you victims who are here today and are 15 able to voice yourselves today. I will not and cannot comment 16 on the criminal case, or Ms. Bloom's communications with her 17 clients. 18 Ms. Bloom would like to share three of her client's 19 statements for the record. Here are the statements. Statement 20 of Jane Doe 6. 21 To the Honorable Richard M. Berman. Jeffrey Epstein 22 stole my innocence. He gave me a life sentence of guilt and 23 shame. I do not consider myself a victim. I see myself a 24 survivor. The abuse that I endured cannot continue. Let's 25 stop this before it happens to other young women. Jane Doe. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000702 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 65 of 86 65 J8RPEPS2 Statement of Jane Doe 7. To the Honorable Richard M. Berman. I used to be relatively carefree, inquisitive, hopeful and excited about life, but my life changed because of Jeffrey Epstein. My perspective on life became very dark when I was unknowingly recruited by one of his agents. Jeffrey Epstein ruined me. His recruiter ruined me. The far-reaching consequences of that day ruined my family's lives. I've chosen to remain anonymous in order to protect my family from unwanted media attention. I was just trying to figure out my path in life when I encountered Jeffrey Epstein in his New York City mansion. I cannot even begin to summarize the many detriments this experience of sexual assault has had on my life. Immediately following the incident, I was unable to function and be around other people. My parents had to rescue me and bring me home, where I became a recluse for years. I was changed forever and buried my assault deep down, where the darkness couldn't hurt me anymore, but of course, it has always been here, lingering and affecting me unconsciously. At the time, I was mired in shame, guilt and humiliation. I had somehow tricked myself into thinking that I had allowed the assault to happen, that I did it to myself, that I don't deserve to be alive or to be loved. I believed that I was a disgusting, shameful person who does not deserve to ever be happy. These are the thoughts I've lived with on a daily SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000703 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 66 of 86 66 J8RPEPS2 basis. Furthermore, because I couldn't tell anyone, out of fear of judgment, blame or retaliation, keeping this secret completely hindered my ability to uncover why these issues existed for me, which could have led to a path of healing over the years. It is time for those of power to do the right thing. It is time for compassion toward our fellow human beings to reign over money, power and greed. We need to protect our most vulnerable to allow them a chance at a normal life, and nothing should come in the way of that. I believe that for future generations, including my own children, this case will set a precedent that victims must no longer suffer in silence on our own or be shamed for coming forward to seek protection. This case should demonstrate to those who want to harm others that there will be a reckoning, and they will pay dearly for the harm they inflict on innocent people. Judge Berman, I thank you for from the bottom of my heart for this forum and opportunity. To all of those survivors who came before me, I commend your bravery. There is no way I could have done this without you. Thank you to the public following this story, for your outrage and desire for answers, which will hopefully move this case forward so that victims can stop having to relive their SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000704 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 67 of 86 67 J8RPEPS2 experiences every day and move on to begin to heal. God bless the victims, their families, the investigators and public servants working so diligently to find those answers and to right all these wrongs. Jane Doe 7. (Continued on next page) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000705 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 68 of 86 J8RsEPS3 1 THE COURT: Thanks very much. 2 MS. GIBBS: One more. Statement of Jane Doe 8. 3 In the past few weeks, I have had to reflect on my interaction with Jeffrey Epstein and realized that, though I have yet to put it all behind me, I am still a victim. I say this because I have to come to terms with it in an effort to truly get past the abuse I suffered at the hands of Epstein. 4 Pursuing criminal penalties against him and having an opportunity to address the egregious crimes he committed against me and other young woman would have helped my recovery process. This all came to an abrupt halt when he took his own life. This point of disclosure is lost. 5 I cannot say that I am pleased he committed suicide, but I am at peace knowing he will not be able to hurt anyone else. However, a sad truth remains. I, along with other people, will never have an answer as to why. I will never have an apology for the wrongdoing. And most importantly, Epstein will not be justly sentenced for his crimes. Now I sit in my home questioning the well-being of those girls like myself. In choosing death, Epstein denied everyone justice. 6 Any efforts made to protect Epstein's name and legacy send a message to the victims that he wins and that he is untouchable. I understand his case may be dismissed or closed, but this makes me feel as though I, and anyone else who fell pry to his hands, simply do not matter. 7 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000706 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 69 of 86 69 J8RsEPS3 1 I ask that you very seriously consider the final decision, because it will undoubtedly affect all other facets of this case, including any future charges brought against the recruiters or third parties to his crimes. I do not want the narrative to be, Those poor girls. I want to send a message to anyone who would consider engaging in similar acts to think twice beforehand. I want some sort of closure for those of us who relive those horrible moments where we were assaulted, abused, and taken advantage of by Epstein. 10 You have the opportunity to help us seek that closure. I appreciate your time and consideration and ask for your continued support in dealing with this case to illustrate that we, Epstein's victims, do matter. 14 Sincerely, Jane Doe 8. 15 On behalf of Lisa Bloom and The Bloom Firm, thank you, 16 your Honor. 17 THE COURT: Thank you, Ms. Gibbs. 18 Did we have any other victim's counsel or victims? 19 Ms. Allred. 20 MS. ALLRED: Good morning, your Honor. 21 THE COURT: Good morning. How are you? 22 MS. ALLRED: Fine. Thank you. 23 Allred, Maroko & Goldberg by Gloria Allred, 24 G-l-o-r-i-a A-l-l-r-e-d. 25 Your Honor, thank you so much for this opportunity to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000707 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 70 of 86 J8RsEPS3 1 afford the victims their voice, because many of them have never spoken before. They never spoke in Florida. They never spoke anywhere. They never told their mother. They never told their father. They never told their family members. This is an opportunity for them to be heard. We thank you for that. 2 3 4 5 6 Your Honor, for 43 years my firm has been the leading women's rights private law firm in the United States. We have helped thousands of victims. And I, as an officer of the court, and as a believer in the system, have tried to encourage the victims to have confidence in the system that should provide them access to justice that should help them to assert and vindicate their rights in a court of law. It has been increasingly difficult in this case for me to say to my clients that they should have confidence in the system of justice given what has occurred in this case, People v. Jeffrey Epstein. 7 8 9 10 11 12 13 14 15 16 Having said that, I am encouraged by the fact that this court, essentially, in an unprecedented situation where the defendant is deceased, is still affording these victims an opportunity to be heard. So we thank you for that. It is some encouragement. 17 18 19 20 21 Your Honor, you also asked do our clients wish to be heard in reference to some of the issues that have been raised this morning, including what should happen into this case. 22 23 24 Your Honor, there has been a suggestion that the court should investigate the circumstances of the death of Mr. Epstein. I'm 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000708 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 71 of 86 71 J8RsEPS3 not going to repeat the arguments made by counsel, but I would say that if there is jurisdiction, and I know that is a legal issue which has been previously argued, that certainly it would increase the confidence of my clients. Not just my clients, but victims all over, and some are, by the way, located in other parts of the world, to have the court oversee the investigation. We are encouraged by the sensitivity of the attorneys for the United States Attorney's office for the Southern District of New York and the investigation that is going on with the separate team. However, and, of course, the defense is also conducting its own investigation. But I do think the greatest confidence would be if the court in some way would be able to oversee an investigation because the court is a neutral party. And although the court certainly has a stake in finding out what happened to defendants who are in the custody of the federal system and who should be there to face the prosecutors and the charges against them, but now are not because clearly the system has failed. And the United States Attorney has admitted that, and even before he admitted that, everybody knows the system failed. Failed the victims, failed the court, failed everyone. In any event, your Honor, having seen so many thousands of victims of gender violence, sex harassment, sexual assault, I've dealt with child sex trafficking, child SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000709 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 72 of 86 72 J8RsEPS3 molesters, I mean, this is a unique case because there are so many victims and so many failures of the system. At this point, what we would really ask for is not just words, but words have been helpful, but deeds, and that is very important. In addition, I would like to say, throughout this case is the running theme of the betrayal of trust. Betrayal of trust by Jeffrey Epstein. Betrayal of trust by the system. And betrayal of trust to the victims who had a right to justice. And the Crime Victims' Act should not just be words, it should have meaning and it should be enforced. In essence, we are asking, although you may need to, of course, grant this motion to dismiss, I think because the court has shown sensitivity to victims and victims' needs, if there is a way to at least keep the record open so that victims who have not been able to be physically present in the courtroom today and who have not been able to submit to the court any letters, victim impact, and who have not been able to secure attorneys or speak to attorneys yet -- so, for example, I'll still hearing from victims who I have not been able to meet with yet because they just recently are now contacting me -- so if they could submit, at least for the record, their victim impact statements, that, I think, would be a very important assistance to them. So that would be, at least they would know that what they are sharing is on the record. So, in summary, I would say that they are looking SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000710 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 73 of 86 J8RsEPS3 1 forward to the very serious investigation by the United States 2 Attorney of who may have conspired in this case, and that is 3 very hopeful, and we're hoping that everyone who may have a 4 role to this criminal prosecution will submit that evidence. 5 This is about power. This is about many victims 6 having lived in fear -- fear of the rich, the powerful, the 7 famous, fear that the system will not afford them justice. So 8 fear of not coming forward. And fear, of course, is a weapon 9 that the rich, powerful, famous, and sexual predators used to 10 silence the victims. But that is gone for a lot of victims 11 because they refuse to suffer in silence. 12 Finally, it does take courage to speak truth to power. 13 We thank this honorable court for giving these victims a voice. 14 We thank them, even after the death of the defendant, for 15 showing respect for the victims, allowing them dignity, 16 allowing them a voice. We do want truth, we do want justice, 17 we do want accountability, and we do want those conspirators to 18 face the justice system. 19 Your Honor, right now we have two of our clients who 20 would like to address the court. 21 THE COURT: Sure. 22 MS. ALLRED: Then I have a couple of statements on 23 victims who do not wish to address the court. 24 As they come up, we'll give them the opportunity to 25 say either their name or Jane Doe. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000711 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 74 of 86 74 J8RsEPS3 By the way, thank you, your Honor, for allowing some of these victims to be called Jane Doe. What number the court affords to them, we'll accept whatever that is. Thank you. THE COURT: We're up to nine. MS. ALLRED: Thank you. MS. DAVIES: Hello. My name is Teala Davies. That is T-e-a-l-a D-a-v-i-e-s. I was going to start this statement by saying that I was a victim of Jeffrey Epstein. But that's not the case. I'm still a victim of Jeffrey Epstein. I'm still a victim because the fear of not being heard stopped me from telling my story for so many years. This lingering fear almost stopped me from attending this monumental movement of strength and power. I'm still a victim because I am fearful for my daughters and everyone's daughters. I'm fearful for their future in this world, where there are predators in power, a world where people can avoid justice if their pockets run deep enough. I'm still a victim because the 17-year-old Teala was manipulated into thinking she had found someone who cared, someone who wanted to help. Jeffrey knew I had nowhere to go. He knew I was vulnerable, and he took advantage of that poor girl, who will never be the same. I cannot eat at the thought that Jeffrey Epstein -- I SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000712 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 75 of 86 75 J8RsEPS3 cannot eat at the thought of Jeffrey Epstein not serving the time he needed to realize the pain and suffering he caused so many vulnerable young girls. He thought he was untouchable, and honestly, so did I. I thought he was the most powerful person I would ever meet. But the end is here and here I stand becoming more powerful than he will ever be. Thank you. THE COURT: Thank you. JANE DOE: Jane Doe. Um, in 2004, when I was 15 years old, I flew on Jeffrey Epstein's plane to Zorro Ranch, where I was sexual molested by him for many hours. What I remember most vividly was him explaining to me how beneficial the experience was for me and how much he was helping me to grow. Yikes. I remember feeling so small and powerless, especially after he positioned me by laying me on his floor so that I was confronted by all the framed photographs on his dresser of him smiling with wealthy celebrities and politicians. After he finished with me, he told me to describe in detail how good my first sexual experience felt. That was the first of many lies I was forced to carry for him, the weight of which proliferated my trauma. I felt powerless not merely because one man wanted to strip me of my innocence, but because I was the victim of a system that just enfranchises human beings, making them vulnerable to pedophilic exploitation. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000713 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 76 of 86 76 1 As unjust as what happened to me was, I believe that 2 experience to be a symptom of insidious and pathological 3 violence that extreme wealth yields, a violence which 4 ultimately stays hidden through channels of extreme power that 5 serve it. 6 I first identified with this feeling the night after I 7 was molested by Epstein, when another girl and I took out two 8 of his ATVs and raised them across the mesa. I crashed mine 9 and expressed my concern to the other girl of getting in 10 trouble, which she replied to me, Don't worry, no one gets in 11 trouble for anything here. 12 Even as a child, I understood, in a sad and precocious 13 way, what I hoped we have the ability of changing now. Even 14 though Epstein is dead, there is still justice to be brought 15 for the crimes we felt powerless against concealing for him and 16 the system that supported him for all these years. 17 Thank you. 18 THE COURT: You're very welcome. 19 MS. ALLRED: Thank you. 20 Your Honor, may it please the court. I would like to 21 read a statement for Jane Doe, my client, who is present in 22 court, but requested that I read it. 23 We only have one opportunity at childhood. One 24 opportunity to develop. One opportunity to find direction for 25 our lives. Jeffrey Epstein robbed and denied me at each SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000714 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 77 of 86 J8RsEPS3 1 opportunity he had. 2 I came from a small Texas town, not far from the New Mexico border. My mother died when I was 11, after suffering from cancer for many years. My father was devastated, as were my siblings and I. My father was saddled with debt. My only hope for college was to get a scholarship. 3 When I was 15, I was a blossoming freshman in high school and was trying to carry on my mother's dream. She wanted me to master the violin. After school, I would often go to a mall in a nearby city. A lady approached me and saw I had a violin case with me and asked if I was any good. We talked about the violin, my family, and why I had clothes that looked like hand-me-downs. 4 The lady told me she works for a very rich man who had a home close by and that he would pay to hear me play. I was told that if I could get away, she could arrange for transportation to and from his place and have me back before anyone knew I was gone. After some hesitation, I agreed. This decision was the beginning of the end of my childhood. 5 The man who only identified himself as J or Jeff had asked if I would give him a massage, and over four visits, eventually progressed to forced oral copulation. The money he gave me further placed my young soul into a perverse sense of hell. 6 I was so utterly disgusted with myself and what he did SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000715 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 78 of 86 78 J8RsEPS3 to me that I stopped going to see him. I had documented the events with a Texas rape crisis center about the man I know now as Jeffrey Epstein. Epstein targeted and took advantage of me, a young girl, whose mother had recently died a horrific death and whose family structure had deteriorated. His actions placed me, a young girl, into a downward spiral to the point where I purchased a gun and drove myself to an isolated place to end my suffering. A voice that could only have been from my mother told me, quote, I am not the victim, I am the victor, and I dare not pull the trigger. I returned the gun days later. Epstein is a coward. He lived his life leaching off the souls of inspiring, young girls due to the fact that he could never know how it feels inspired to live. Like a leach, once Epstein had his fill, he would unlatch and seek out another victim. The only sense of justice I had hoped to see was Epstein being sentenced. However, Epstein died as he lived, taking the easy way out without any responsibility. Your Honor, the next statement is also a statement of a Jane Doe. May it please the court. I was a 16-year-old virgin when Jeffrey Epstein first raped me. I was naive and gullable. He was a pillar of finance and a giant in the world that I was an insignificant SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000716 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 79 of 86 79 J8RsEPS3 part of. I was so impressed that this great man would even talk to me and impart any of his wisdom on me. I gladly jumped at the chance to meet him again, when he told me how impressed he was with my personal story and maturity for my age. When I was in his presence, he made an effort to call celebrities and influential people on speakerphone, like Academy Award-winning actresses and super models, who always answered his calls. Sadly, I was impressed. He was friends with former and future heads of states and every other fixture in the New York social scene and beyond. He knew important people in my own world that I looked up to and revered, but he spoke about them like they were sweet distractions far beneath his stature. He could easily reach down from his position and influence the people directly involved with my daily life and future prosperity. I was the perfect victim. My whole life was extremely turbulent. But one of my mother's greatest wishes was that all her children would graduate from respectable universities. He promised me that he would write me a letter of recommendation for Harvard if I got the grades and scores needed for admission. His word was worth a lot, he assured me, as he was in the midst of funding and leading Harvard's studies on the human brain, and the president was his friend. The fact that all of you already know these next SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000717 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 80 of 86 80 J8RsEPS3 details, which I'll share, should ignite fire instead of induce the complacency they did in the past, when heard repeatedly over the years, but yes, an innocent massage turned sexual almost immediately. "Here, come. Come help me with a kink in my shoulder while we finish our discussion." A large vibrator and a couple of hundred dollars, disgust and dirty secret, more praise and imparted wisdom from a godlike figure, a deliberate diabolical depression of grooming and submission for his pleasure and release. Even if I resisted, I was no match for him. I felt powerless, ashamed, and embarrassed. I wanted to vomit remembering these moments. What I learned in those depraved sessions, staring up at the dome ceiling in his private massage room, tore a violent hole through any normal sexual awakening. I'm haunted forever, having learned everything there is to know about sex through a vile criminal. Every time a new molestation would bring a new lesson, the progressive and constant unwinding. I was nothing more than a teenage prostitute. I was his slave. I had never even kissed a boy before I met him, and never throughout the horrific abuse did Jeffrey Epstein kiss me even once. When he stole my virginity, he washed my entire body compulsively in the shower and then told me, "If you're not a virgin, I will kill you." And then I wasn't a virgin anymore. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000718 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 81 of 86 81 J8RsEPS3 1 He forcefully penetrated me. I was numb. There was 2 pain, but his use of the vibrator and his fingers in previous 3 sessions with me had left a black hole-like void between my 4 legs. I protested, but he forced my face into the bed to 5 stifle my cries. That was my first time. 6 I got a few hundred dollars, as usual, as he led me 7 out of his mansion with assurances that I was on the right path 8 guided by him. I lied to myself and tried to believe him. I 9 became a hollow shell. If I missed an appointment, he 10 threatened me and let me know who was in charge. "Do you know 11 how important my time is? I'll bury you. I owe this -- I 12 won't say the word -- F'ing town." He would hang up. 13 I would stand there frozen in the street, terrified 14 that his assistant would call to reschedule. I made sure to 15 stay in line and not disobey him. I was in complete denial. 16 Being paid after every scheduled meeting felt routine and 17 disgusting. He was the master of the universe and the world 18 bent to his will. 19 He would eventually brag to his assistants about my 20 ability to please him sexually right in front of me, leaving me 21 feeling grotesque and worthless. Everything in my outside life 22 was falling apart. I distanced myself from friends and grew 23 further away from my family. I felt less human after each 24 ordeal. My psyche broke down completely and wouldn't let me 25 continue. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000719 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 82 of 86 82 J8RsEPS3 One day I walked out of his residence and passed a girl similar to myself. When I turned around, she was entering Jeffrey's residence. He no longer even tried to schedule his appointments with other girls in secrecy from me. Maybe he never did. I was too stupid to see. My world shattered. I had been so naive. I had an epiphany in a calvary of desperation. I realized I was just one of many young girls he had in rotation come to perform for him for money. I went into a deep depression and never lifted completely. I wanted to inflict pain on myself. I was humiliated, angry, and suicidal. I locked myself away from everything. I cut myself off forever from the world I had known. I endured the daily agony of knowing my life would never be the same. I could never go back to New York City and the wonderful life I had taken for granted before I met this demon named Jeffrey Epstein. This creature had manipulated and outwitted the whole system, including some of the most intelligent scientists, political people, prosecutors, and power players. How easy was it to manipulate a 16-year-old virgin who never had a boyfriend and came from a background of hardship with no parental guidance or support. I went to therapy and was given antidepressants for severe anxiety and depression. My only solace, years later, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000720 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 83 of 86 83 J8RsEPS3 was my desire to succeed on my own terms. I emersed myself into my studies and was accepted to every college I applied to, graduating from a top university. To this day, there is still an ache in my being that I did not apply to Harvard in fear of his influence there. They say you never forget your first. I'm in a never-ending nightmare trying to do just that. I'm forever suffering because everything reminds me of that horror. This new wave of worldwide publicity only worsens my despair. It was only many years later that I was finally intimate with a man again, and those moments were marred by my actions as a child with Jeffrey Epstein. Even now is impossible to separate his treachery from any care of a good man. For one brief moment there was elation when he was recently arrested. I would finally get my chance to see him again face to face and show him what I had become, that I had succeeded on my own, that I was worth something in spite of his abuse, and that I had surmounted the monumental obstacles he laid before me throughout my entire life since falling prey to him. I had hoped humanity would prevail, but it seems to me that he outsmarted everyone so far, and his ghost is still laughing at us. I appeal to all of those just and true that his evil legacy and his death not stand in the way of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000721 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 84 of 86 84 J8RsEPS3 resolution and justice for all of his underaged victims. Thank you, your Honor. And then just one last one, and this is much shorter. Statement of Jane Doe, also my client. I was a model in another country when I came to the United States. I was told by a broker that I needed to meet with a man named Jeffrey Epstein, who was the owner of Victoria's Secret. The broker told me that Mr. Epstein could help me get into Victoria Secret's world. It was my childhood dream to be a Victoria's Secret model. So I went one day in the afternoon and I met Mr. Epstein in his office in his mansion in New York. A woman introduced herself and suggested to me that I should be extremely nice to Mr. Epstein, because if he liked me, he would probably have photographers shooting photos of me right away. The told me to go upstairs and directed me to Jeffrey Epstein's office. Mr. Epstein had a white robe on and we chatted very briefly. I had my portfolio of photos, but he didn't even look at it. Suddenly, he took his robe off and got close to me. I got up to leave, but the door was locked. I didn't know what was going on. It was my first official meeting to be cast in the United States. I was a young girl and confused. He got very close to me, and I had a skirt on. He started to touch my genitals. I refused him. Then he went to the massage table and showed me the vibrator. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000722 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 85 of 86 85 J8RsEPS3 1 I took it and threw it at him. 2 At that point, I ran to the door again and figured out 3 how to get out of there. A girl outside asked me where I was 4 going and she said to be careful. She said that Mr. Epstein 5 knew a lot of powerful people, including Bill Clinton, and that 6 if I didn't do what Mr. Epstein wanted, I would not be able to 7 have any job in the industry. 8 I was so scared. I couldn't wait to get out of there, 9 and I left. I took the train home. I had spent all of my 10 savings getting Victoria's Secret lingerie to prepare for what 11 I thought would be my audition. But instead, it seemed like a 12 casting call for prostitution. I felt like I was in hell. 13 Thank you, your Honor. 14 Thank you. 15 THE COURT: Thank you, Ms. Allred. 16 Was there anybody else, any victim's counsel or any of 17 the other victims who have not been heard and wish to be heard? 18 Well, OK then. All I have to say, really, is thank 19 you, all of you, for your participation in today's remarkable 20 hearing. I think everybody has benefited greatly from your 21 input, and especially from the testimony of victims here today 22 and who have had the courage to come forward. 23 We have also benefited throughout these proceedings, 24 however brief altogether, from the attorneys' legal advocacy 25 and their written and oral submissions. I'm grateful to them SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000723 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 86 of 86 J8RsEPS3 86 as well, both for the government and the defense and those representing the victims. Finally, we're also grateful to the press for their very diligent coverage of seemingly every detail of this case. That concludes our work for today and we stand adjourned. Thanks. (Adjourned) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000724