File 013304
Bradley Edwards' Response in Opposition to Jeffrey Epstein's Motion for Summary Judgment (File 013304)
Legal brief filed by attorney Bradley Edwards opposing Jeffrey Epstein's motion for summary judgment on claims of abuse of process and malicious prosecution. Edwards argues that Epstein filed false claims without probable cause to intimidate and silence legitimate victims' counsel.
Summary
This court filing is Bradley Edwards' opposition to Jeffrey Epstein's motion for summary judgment in a defamation and malicious prosecution case. Edwards contends that Epstein filed claims against him and co-defendant Scott Rothstein without legal basis, motivated solely to intimidate Edwards and his clients into abandoning legitimate sexual assault claims against Epstein. Edwards argues that Epstein knew the abuse and sexual assault allegations were true and filed the counterclaim as a tactical harassment strategy. The document references multiple depositions and supporting exhibits demonstrating Epstein's knowledge of his own misconduct and the unfounded nature of his claims.
IN THE CIRCUIT COURT OF THE FIFTEENTHJUDICIAL CIRCUIT, IN AND FOR PALMBEACH COUNTY, FLORIDAJEFFREY EPSTEIN,CASE NO.: 502009CA040800XXXXMBAGPlaintiff,vs.SCOTT ROTHSTEIN, individually, BRADLEY J.EDWARDS, individually, and L.M., individually,Defendant,DEFENDANT/COUNTER-PLAINTIFF'S RESPONSE IN OPPOSITION TOPLAINTIFF/COUNTER-DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ONDEFENDANT/COUNTER-PLAINTIFF'S FOURTH AMENDED COUNTERCLAIMDefendant/Counter-Plaintiff Bradley J. Edwards, by and through his undersigned counsel, herebysubmits this Response in Opposition to Plaintiff/Counter-Defendant Jeffrey Epstein's Motion forSummary Judgment. Epstein seeks Summary Judgment on the claims of abuse of process and maliciousprosecution set forth in Brad Edwards' Fourth Amended Counterclaim. Each of the grounds asserted insupport of Epstein's Motion for Summary Judgment are without merit and must be denied.In Epstein's Amended Complaint he carries forth the essence of all claims asserted in his originalComplaint. In that pleading Epstein essentially alleges that Edwards joined Rothstein in the abusiveprosecution of sexual assault cases against Epstein to "pump" the cases to Ponzi scheme investors. Thepurported "proof' of the allegations against Edwards, as referenced in the Second Amended Complaintand in Epstein's Motion for Summary Judgment, includes Edwards' alleged contacts with the media, hisattempts to obtain discovery from high profile persons with whom Epstein socialized, press reports ofRothstein's known illegal activities, the use of "ridiculously inflammatory' language and arguments incourt. But as the evidence submitted in opposition to Epstein's Motion for Summary Judgment reflects,Epstein filed his claims and continued to pursue claims despite his knowledge that his claims could neverbe successful because they were both false and unsupported by any reasonable belief of suspicion thatCase No.: 502009 CA040800XXXXIVIBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 2 of 15they were true. Epstein knew that he had in fact molested each of the minors represented by BradEdwards. He also knew that each litigation decision by Brad Edwards was grounded in proper litigationjudgment about the need to pursue effective discovery against Epstein, particularly in the face ofEpstein's stonewalling tactics.Epstein also knew that he suffered no legally cognizable injuryproximately caused by the falsely alleged wrongdoing on the part of Edwards. Moreover, Epstein had nointention of waiving his Fifth Amendment privilege against self-incrimination in order to avoid providingrelevant and material discovery that Epstein would need in the course of prosecuting his claims and towhich Edwards was entitled in defending those claims. Epstein knew that his prosecution of his claimswould be barred by the sword-shield doctrine.Most significantly, the evidence submitted in thesupporting papers would compel a fact finder to determine that Epstein had no basis in law or in fact topursue his claims against Edwards and that Epstein was motivated by a single ulterior motive to attemptto intimidate Edwards and his clients and others into abandoning or settling their legitimate claims forless than their just and reasonable value. The evidence demonstrates that Epstein did not file these claimsfor the purpose of collecting money damages since he knew that he never suffered any damage as aconsequence of any alleged wrongdoing by Edwards but filed the claim to require Edwards to expendtime, energy and resources on his own defense, to embarrass Edwards and impugn his integrity and deterothers with legitimate claims against Epstein from pursuing those claims.Indeed, the evidencedemonstrates that Epstein continued to pursue his claims by filing the Second Amended Complaintalleging abuse of process against Edwards even after he had paid significant sums in settlement of theclaims instituted by Mr. Edwards' clients against Mr. Epstein!The evidence marshalled in support of these assertions is set forth in the previously filed documents in this Court.Those documents include Exhibit "A" — Edwards' Statement of Undisputed Facts; Exhibit "B" — Edwards' RenewedMotion for Summary Judgment; Exhibit "C" — Edwards' October 19, 2012 Second Renewed Motion for Leave toAssert Claim for Punitive Damages; Exhibit "D" — Edwards' Notice of Filing of Transcript of Telephone Interviewof Virginia Roberts in Support of Motion for Leave to Amended to Assert Punitive Damages; Exhibit "E" —Transcript of Deposition of Jeffrey Epstein dated January 25, 2012; Exhibit "F' — Deposition of Bradley Edwardsdated March 23, 2010; Exhibit "G" - Deposition of Scott Rothstein dated June 14, 2012; Exhibit "H" — Order ofCase No.: 502009CA040800XXXXMBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 3 of 15The record reflects that on the eve of the hearing of Edwards' Motion for Summary Judgmentdirected to the Second Amended Complaint and in light of the compelling evidence of the lack of anywrongdoing on the part of Mr. Edwards, the sole remaining abuse of process claim was dismissed byEpstein.As discussed, infra each of the grounds asserted by Epstein in this Motion for SummaryJudgment must be rejected. The litigation privilege does not serve as a bar to the prosecution of Edwards'claims against Epstein. Moreover, the evidence submitted by Edwards supports each of the elements ofthe claims asserted by Edwards against Epstein which are identified in Epstein's Motion.Response to Epstein's Statement of Undisputed FactsThe evidence marshalled by Edwards in support of his claims against Epstein which arereferenced in footnote 1 mandates the conclusion that, at a minimum, disputed facts exist with respect tothe elements of each claim addressed by Epstein in his Motion. The facts presented in the various paperswould allow the jury to make a determination that Epstein knew that Brad Edwards properly exercised hislegitimate judgment regarding the need to pursue proper and effective discovery against him to supportthe claims which Epstein knew were legitimate. That evidence, referenced herein, further demonstratedthat Epstein filed his claims without probable cause and further that there was a bonafide termination infavor of Edwards. That evidence further demonstrates that the elements of the claim of abusive processhave been established.The following additional comments are directed at some of the key purported "undisputed"material facts asserted by Epstein, especially those referenced in his Memorandum of Law. Also set forthare key evidentiary matters which undermine Epstein's contentions and which support the propositionthat material issues of fact exist which compel the denial of the Motion for Summary Judgment.Judge Crow dated March 29, 2012; Exhibit "I" — Deposition of Bradley Edwards dated October 10, 2013; Exhibit"J" — Deposition of Bradley Edwards dated May 15, 2013.Case No.: 502009CA040800XXXX.MBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 4 of 15None of the public materials identified by Epstein in his Motion make reference to anywrongdoing by Brad Edwards. Rather, Epstein seeks to pyramid one impermissible inference uponanother from his citation to these materials to support his otherwise unsubstantiated and non-verifiableconclusion that he had sufficient evidence to proceed with claims of wrongdoing against Edwards. Intruth, as reflected in Edwards' deposition and his supplemental affidavit, he has no involvement in anyfraud perpetrated by Rothstein (Edwards' deposition of March 23, 2010 at 301-302; Edwards Affidavitattached to Statement of Undisputed Facts as Exhibit "N" at paragraphs 8-10, paragraph 20, paragraphs22-23; Exhibit "H" — Deposition of Scott Rothstein at pp. 62-63, 114, and 121-124). Therefore, anyallegations relating to Rothstein's activities simply have no bearing on the legitimacy of any of the claimsagainst Edwards.Edwards could not have possibly "pumped" cases to investors when he neverparticipated in any communications with investors. Rather, Edwards had a duty to his clients to zealouslypursue discovery to achieve a maximum recovery against Epstein. Edwards cannot be liable for takingappropriate action that his ethical duties as an attorney required. The evidence also reflects that Edwardsfiled all three of his cases almost a year before he was hired by RRA or even knew Scott Rothstein(Edwards' Affidavit, Exhibit "N" attached to Statement of Undisputed Facts). The language set forth inhis Complaints remain virtually unchanged from the first filing in 2008 and, as the evidence shows, theclaims asserted against Epstein from the outset were true.The citation to public documents is aconvenient ruse; Epstein was not only liable for the molestation of the clients of Brad Edwards, he wasalso a serial molester of minors — even as young as twelve years of age(Exhibit "A" — Edwards'Statement of Undisputed Material Facts paragraphs 1-43; Exhibit "D" — Statement of Virginia Roberts pp.16-17). Epstein entered a plea of guilty to felony charges involving prostitution and the solicitation of aminor for the purposes of prostitution (Exhibit "E" — Deposition of Jeffrey Epstein, March 17, 2010, pp.101-103). Epstein also entered into an agreement with the United States Attorney's Officeacknowledging that approximately 34 other young girls could receive payments from him under theCase No.: 502009CA040800XXXXMBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 5 of 15Federal Statute providing for compensation to victims of child abuse..(Exhibit "N' — Edwards'Statement of Undisputed Material Facts, paragraphs 41-43).On July 6, 2010 Epstein ultimately paid to settle all three of the cases Edwards had filed againsthim (Exhibit "N' — Edwards' Statement of Undisputed Material Facts, paragraphs 84-85). At Epstein'srequest, the terms of the settlement were kept confidential. The sum that he paid to settle all these casesin therefore not filed with this pleading and will be provided to the court for in camera review. Epsteinchose to make this payment as a result of a Federal Court ordered mediation process which he himselfsought. Epstein entered into the settlements in July 2010 more than seven months after he filed hislawsuit against Edwards and before he filed his Second Amended Complaint alleging abuse of process onAugust 22, 2011.Further, Epstein could not have been the victim of any scheme to pump the cases against himbecause he never paid to settle the cases until well after Edwards had left RRA and severed all connectionwith Rothstein in December 2009 (Edwards' Affidavit attached to Statement of Undisputed Facts asExhibit "N," paragraph 20). Moreover, Epstein could not have suffered any damage as a result of theperpetration of the Ponzi scheme by Rothstein because he was not an investor in the scheme.Perhaps the most significant evidence presented in opposition to Epstein's Motion for SummaryJudgment is the telephone interview of Virginia Roberts submitted in Support of Edwards' Motion forPunitive Damages (Exhibit "D"). In addition to the specious claims against Edwards relating to hisalleged involvement in a Ponzi scheme, Epstein, in asserting his claims, primarily relied upon the pursuitby Edwards of testimony from his close friends and associates (See Second Amended Complaint,paragraph 32, pp. 11-13). Reliance on these assertions is also threaded through Epstein's Motion forSummary Judgment in his citation to the public documents referencing the pursuit of such discovery. Butas set forth in detail in Edwards' Motion for Final Summary Judgment (Exhibit "B") at pages 14-16, thatdiscovery was entirely appropriate and Epstein knew it. Specifically, as reflected in the statement ofCase No.: 502009CA040800XXXXMBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 6 of 15undisputed facts submitted by Mr. Edwards in support of his Motion for Summary Judgment, Edwardshad a sound legal basis for believing that Donald Trump, Allen Dershowitz, Bill Clinton, TommyMattola, David Copperfield and Governor Bill Richardson had relevant and discoverable information(Exhibit "A" — Edwards' Statement of Undisputed Facts, paragraphs 69-81). That belief was reinforcedby the testimony of Virginia Roberts (Exhibit "D" pp. 10-17, 21-23). Epstein's assertion of improprietyin the pursuit of this discovery clearly evidences his bad faith attempts to attribute wrongdoing toEdwards when he knew, in fact, that the pursuit of that discovery was entirely appropriate under thecircumstances of this case.Finally, any attempt by Epstein to rely upon what he claims are undisputed facts to support hisMotion for Summary Judgment are undermined by his refusal to provide any testimony on the key issuesand evidence which would demonstrate the validity and strength of each of the claims brought againsthim by Brad Edwards. Epstein's depositions of March 17, 2010 and January 25, 2012 were replete withrefusals of Epstein to testify based upon his Fifth Amendment privilege. Questions that Epstein refusedto answer in his depositions and the reasonable inferences that a fact finder would draw and which wouldotherwise bear on the arguments submitted by Epstein in support of his Motion for Summary Judgmentare as follows:• Question not answered: "I want to know whether you have any knowledge of evidencethat Bradley Edwards personally ever participated in devising a plan through which weresold purported confidential assignments of a structured payout settlement?" Reasonableinference: No knowledge that Brad Edwards ever participated in the Ponzi scheme.ooQuestion not answered: "Specifically what are the allegations against you which youcontend Mr. Edwards ginned up?" Reasonable inference: No allegations against Epsteinwere ginned up.Question not answered: "Well, which of Mr. Edwards' cases do you contend werefabricated?" Reasonable inference: No cases filed by Edwards against Epstein werefabricated.Case No.: 502009CA040800XXXXMBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 7 of 15• Question not answered: "Did sexual assaults ever take place on a private airplane onwhich you were a passenger?" Reasonable inference: Epstein was on a private airplanewhile sexual assaults were taking place.• Question not answered: "How many minors have you procured for prostitution?"Reasonable inference: Epstein has procured multiple minors for prostitution.• Question not answered: "Is there anything in L.M.'s Complaint that was filed againstyou in September of 2008 which you contend to be false?" Reasonable inference:Nothing in L.M.'s complaint filed in September of 2008 was false — i.e., as alleged inL.M.'s complaint, Epstein repeatedly sexually assaulted her while she was a minor andshe was entitled to substantial compensatory and punitive damages as a result.• Question not answered: "I would like to know whether you ever had any physicalcontact with the person referred to as Jane Doe in that [federal] complaint?" Reasonableinference: Epstein had physical contact with minor Jane Doe as alleged in her federalcomplaint.• Question not answered: "Did you ever have any physical contact with E.W.?"Reasonable inference: Epstein had physical contact with minor E.W. as alleged in hercomplaint.• Question not answered: "What is the actual value that you contend the claim of E.W.against you has?" Reasonable inference: E.W.'s claim against Epstein had substantialactual value.(See Exhibit "A" — Edwards' Statement of Undisputed Material Facts, paragraphs 93-120for page references.)A jury could conclude, therefore, from the adverse inferences drawn against Epstein that he wasliable for the claims brought by Brad Edwards and that he had no basis for the pursuit of his efforts tointimidate and extort Edwards and his clients in the pursuit of those claims.The Litigation Privilege Does Not Bar the Claims of Abuse of Process and Malicious ProsecutionEpstein contends he is entitled to absolute immunity pursuant to the litigation privilege as to bothclaims asserted by Edwards because all actions taken by him occurred during the litigation of his abuse ofprocess claim against Edwards. For support, he relies primarily on the decision of Wolfe v. Foreman,2013 WL 3724763 (Fla. 3d DCA July 17, 2013), wherein the Third District found that the litigationprivilege barred both an abuse of process claim and a malicious prosecution cause of action. Wolfe is stillCase No.: 502009CA040800XXXXMBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 8 of 15on rehearing and, thus, is not a final opinion. As a result, it is not binding, nor persuasive. Moreover,Wolfe undercuts the long-standing recognition of the viability of a claim for malicious prosecution in itsown District and other Florida state and federal courts. See, SCI Funeral Svs. of Fla., Inc. v. Henry, 839So. 2d 702, n.4 (Fla. 3d DCA 2002) ("As the Levin court cited Wright v. Yurko, 446 So. 2d 1162, 1165(Fla. 5th DCA, 1984), with approval, presumably the cause of action for malicious prosecution continuesto exist and would not be barred by the litigation privilege."); Boca Investors Group, Inc. v. Potash, 835So. 2d 273, 275 (Fla. 3d DCA 2002) (Cope, J., concurring) (litigation privilege would not be a bar to amalicious prosecution action); North Star Capital Acquisitions, LLC v. Krig, 611 Fed. Supp. 2d 1324(M.D. Fla. 2009) ("However, not every event bearing any relation to litigation is protected by theprivileged because,... "if the litigation privilege applied to all actions preliminary to or during judicialproceedings, an abuse of process claim would never exist, nor would a claim for malicious prosecution");Cruz v. Angelides, 574 So. 2d 278 (Fla. 3d DCA 1991)("the law is well settled that a witness in a judicialproceeding,... is absolutely immune from any civil liability, save perhaps malicious prosecution, fortestimony or other sworn statements which he or she gives in the course of the subject proceeding.");Johnson v. Libow, 2012 WL 4068409 (Fla. 15th Jud. Cir. March 1, 2012)(the purpose of the litigationprivilege does not preclude the tort of malicious prosecution).In Wright v. Yurko supra, the Fifth District Court of Appeal rejected the application of thelitigation privilege to a malicious prosecution action brought by a physician against his patients and anexpert after he successfully defended a malpractice claim. Also of significance is the Second District'sopinion in Olson v. Johnson, 961 So. 2d 351 (Fla. 2d DCA 2007). In that case, the court observed that thelitigation (or judicial) privilege would not apply to bar a malicious prosecution action which arose as aresult of a false accusation of criminal liability where the prosecution was based, in part, on the testimonyof the defendants in the criminal case.The court ruled that the privilege (either absolute or qualified)Case No.: 502009CA040800XXXXMBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 9 of 15which might otherwise apply to a defamation claim for statements made during the course of a judicialproceeding did not bar a malicious prosecution claim.In light of the implicit recognition by the Supreme Court in Levin that a claim of maliciousprosecution is not barred by the litigation privilege — an implicit recognition acknowledged by the ThirdDistrict itself — Epstein's reliance on Wolfe is misplaced. Wolfe is also factually distinguishable fromEdwards' claims against Epstein.Wolfe involved a malicious prosecution action against attorneys.Separate policy considerations might serve to impose additional limitations on the assertion of maliciousprosecution claims against attorneys — against whom alternative remedies exist such as bar disciplinaryproceedings. See Taylor v. McNichols, 243 P.2d 642 (Idaho 2010). Moreover, in light of the decisions inWright v. Yurko, supra and Olson v. Johnson, supra, the weight of authority supports the proposition thatthe litigation privilege would not apply to malicious prosecution claims.Both the Third and Fourth Districts have applied the litigation privilege to abuse of processclaims. However, Wolfe itself, and the decisions of the Third and Fourth Districts cited in Wolfe,involved the litigation privilege as applied to claims of abuse of process by attorneys. None of the casesinvolved the extraordinary actions of an individual party like Epstein who carried out a course of actionagainst Plaintiffs counsel with a singular purpose unrelated to any legitimate judicial goal. Under thecompelling facts of this case, where the actions of Epstein are coupled with the elements of malice andabsence of probable cause arising from the unfounded filing of the claims against Edwards, the litigationprivilege should not have any applicability to the abuse of process claim asserted by Edwards.There are Disputed Issues of Fact Precluding Summary Judgment on the Abuse of Process ClaimAn abuse of process claim requires pleading and proof of the following three elements: 1) that thedefendant made an illegal, improper or perverted use of process; 2) that the defendant had ulteriormotives or purposes in exercising such illegal, improper, or perverted use of process; and 3) that, as aresult of such action on the part of the defendant, the plaintiff suffered damage." See S&I Invs. v. PaylessCase No.: 502009CA040800XXXXMBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 10 of 15Flea Mkt., 36 So. 3d 909, 917 (Fla. 4th DCA 2010)(citation omitted). The case law is clear that on anabuse of process claim a "plaintiff must prove that the process was used for an immediate purpose otherthan that for which it was designed." Id. (citation omitted). Where the actions taken by a party in aparticular lawsuit are designed to coerce another into taking some collateral action not properly involvedin the proceeding a claim of abuse of process is stated. Miami Herald Publishing Company v. Ferre,8636 F. Supp. 970 (S.D. Fla. 1985).In a case for abuse of process, the question of whether the plaintiff's case satisfies the requisiteelements is largely a question for a jury. See Patrick John McGinley, 21 Fla. Prac., Elements of an Action§ 50:1 (2013-2014 ed.)(citing Gatto v. Publix Supermarket, 111C. 387 So. 2d 377 (Fla. 3d DCA 1980)).The usual case of abuse of process involves some form of extortion. Scozari v. Barone, 546 So.2d 750, 751(Fla. 3d DCA 1989) (citing Bothmann v. Harrington, 458 So. 2d 1163, 1169 (Fla. 3d DCA1984)). That is exactly what has transpired here. Epstein employed the extraordinary financial resources athis disposal to intimidate his molestation victims and Edwards into abandoning their legitimate claims orresolving those claims for substantially less than their just and reasonable value. Consequently, sinceEpstein's sole purpose and ulterior motive for filing the complaint without probable cause was in an effortto extort, to wit: to force his molestation victims and Edwards to settle for minimal amounts, that filingand everything subsequently done to pursue the claims constitutes an abuse of process. See Exhs. A at 18-27, C at 4-7. Because Edwards has conclusively demonstrated that Epstein's actions in pursuing hisclaims were designed to coerce Edwards (and his client) to take some collateral action not properlyinvolved in the proceedings and did so with an ulterior purpose, summary judgment directed at the abuseof process claim must fail. The damages suffered by Edwards include: (a) injury to his reputation; (b)mental anguish, embarrassment and anxiety; (c) fear physical injury to himself and members of hisfamily; (d) the loss of the value of his time required to be diverted from his professional responsibility;and (e) the cost of defending against Epstein's spurious and baseless claims. All the elements of theCase No.: 5 02009 CA040 8 00XXXXMB AGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 11 of 15claim for abuse of process have been satisfied. This case, then, falls within the parameters of the ThirdDistrict's Decision in Scozari v. Barone, supra in which the court reversed the entry of summaryjudgment for the defendant on claims of malicious prosecution and abuse of process. With respect to theabuse of process claim, the court stated that "if there was no reasonable basis in law and fact to bring theaction to impress a lien on property, and this was done without any reasonable justification under law andto force or compel the appellant to resolve some custody dispute, induce the appellant to pay money, ortie up the appellant's property, then there has been an abuse of process." Id at 752.There are Disputed Issues of Fact Precluding Summary Judgment on the Claim ofMalicious ProsecutionHere, Epstein's voluntary dismissal of his abuse of process claims against Edwards amounted to abona fide termination of the proceedings. He knew his allegations were unsupported by evidence (Seediscussion above at pages 3-6). Knowing he lacked any verifiable evidence against Edwards, on the eveof the summary judgment hearing, Epstein effectively conceded that fact by voluntarily dismissing hisclaims. Hence, it is evident that Epstein took voluntary dismissal of his claims because he knew he didnot have probable cause or an evidentiary basis to support the allegations. See Cohen v. Corwin, 980 So.2d 1153 at 1156 (citing Union Oil of California, Amsco Division v. Watson, 468 So. 2d 349 at 354(stating that "where a dismissal is taken because of insufficiency of the evidence, the requirement of afavorable termination is met")). Accordingly, the manner of termination reflects on the merits of the caseand there was a bona fide termination of Epstein's civil proceeding against Edwards (See Judge Crow'sOrder of March 29, 2012 denying Motion to Dismiss re: Issue of Bonafide Termination attached asExhibit "fn.Epstein's only other issue with Edwards' counterclaim for malicious prosecution is that he did notlack probable cause in pursing his claims against Edwards. As established by the record, Epstein did, infact, lack probable cause to assert his claims against Edwards (See discussion above). Epstein's purportedCase No.: 502009CA040800XXXXMBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 12 of 15reliance on public filings, including the Scherer Complaint against Rothstein is unavailing. As discussedabove, the evidence warrants the finding that Epstein knew that Edwards was legitimately pursuing theclaims on behalf of his clients which included the effort to secure testimony from Epstein's closeconfidants. Therefore, Epstein cannot rely upon the referenced public documents to support his claimsagainst Edwards given that he knows that information to be untrue and he refuses to answer questionsabout the veracity of the information. See Exh. G at pgs. 53:6-24; 78:16-24; 87:20-88:14. Consequently,Epstein had no good faith basis to rely on such information.Epstein's Assertion of his Fifth Amendment Privilege Gives Rise to Adverse InferencesPertinent to His Motion for Summary Judgment and Precludes His Reliance on PurportedUndisputed FactsAs discussed above, Epstein's multiple invocations of his Fifth Amendment Privilege results inadverse inferences which directly impact the issues advanced in his Motion for Summary Judgment. "Itis well settled that the Fifth Amendment does not forbid adverse inferences against parties to civil actionswhen they refuse to testify in response to probative evidence offered against them." Baxter v.Palinigiano, 425 U.S. 308, 318 (1976); Accord, Vasquez v. State, 777 So. 2d 1200, 1203 (Fla. at 2001).The reason for this rule "is both logical and utilitarian. A party may not trample upon the rights of othersand then escape the consequences by invoking a constitutional privilege — at least not in a civil setting."Fraser v. Security and INV. Corp, 615 So. 2d. 841, 842 (Fla. 4th DCA 1993). The adverse inferencesdrawn from Epstein's assertion of the Fifth Amendment undercut his claim of justifiable reliance basedupon the purported undisputed material facts to support his Motion for Summary Judgment.Moreover, because Epstein elected to hide behind the shield of his right against self-incriminationto preclude his disclosing any relevant information about the criminal activity at the center of his claims,he was effectively barred from prosecuting his abuse of process claim against Edwards. Similarly, Epsteinshould be barred from utilizing the Fifth Amendment privilege to secure summary judgment based uponassertions of fundamental facts when Epstein refused to testify on essential issues pertinent to theCase No.: 502009CA040800XXXXMBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 13 of 15arguments advanced in support of his Motion for Summary Judgment. Under the well-established "swordand shield" doctrine, Epstein could not seek damages from Edwards while at the same time asserting aFifth Amendment privilege to block relevant discovery. See Exhs. B at 14-21, C at 18-25, G at 53:6-24;78:16-24; 87:20-88:14. The same policies which underlie the sword and shield doctrine as applied to therecovery of affirmative relief should also apply to attempts to advance positions with respect to a Motionfor Summary Judgment which would have the effect of securing relief against certain claims."[T]he law is well settled that a plaintiff is not entitled to both his silence and his lawsuit." Boys& Girls Clubs of Marion County, Inc. v. JA., 22 So. 3d 855, 856 (Fla. 5th DCA 2009)(Griffin, J.,concurring specially). Thus, "a person may not seek affirmative relief in a civil action and then invoke thefifth amendment to avoid giving discovery, using the fifth amendment as both a 'sword and a shield.'"DePalma v. DePalma, 538 So. 2d 1290, 1290 (Fla. 4th DCA 1989)(quoting DeLisi v. Bankers InsuranceCo., 436 So. 2d 1099 (Fla. 4th DCA 1983)). Put another way, "[a] civil litigant's fifth amendment right toavoid self-incrimination may be used as a shield but not a sword. This means that a plaintiff seekingaffirmative relief in a civil action may not invoke the fifth amendment and refuse to comply with thedefendant's discovery requests, thereby thwarting the defendant's defenses." Rollins Burdick Hunter ofNew York, Inc. v. Euroclassic Limited, Inc., 502 So. 2d 959 (Fla. 3d DCA 1983).. For the same reasons,Epstein should be precluded from advancing arguments based on purported statements of undisputed factwhich cannot be effectively challenged in light of his assertion of the Fifth Amendment.Epstein hasdone precisely what well-established law prohibits.ConclusionBased upon the foregoing, the Defendant, Counter-Plaintiff, Bradley Edwards respectfullysubmits that Jeffrey Epstein's Motion for Summary Judgment must be denied.Case No.: 502009CA040800)000CMBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 14 of 15I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to allCounsel on the attached list, this / —7 day ofG7(>-,- , 2014.WILLIAM B. KINGFlorida Bar No.: 181773Attorney E-Mail: wbk@searcylaw.com andkar@searcylaw.comPrimary E-Mail: eservice@searcylaw.comSecondary E-Mail: _ScarolaTeam@searcylaw.comSearcy Denney Scarola Barnhart & Shipley, P.A.2139 Palm Beach Lakes BoulevardWest Palm Beach, Florida 33409Phone: (561) 686-6300Fax: (561) 383-9456Attorney for Bradley J. EdwardsCase No.: 502009CA040800)000(MBAGEdwards' Opposition to Epstein's Motion for Summary JudgmentPage 15 of 15COUNSEL LISTWilliam Chester Brewer, Esquirewcblaw@aol.com; wcbcg@aol.com250 S Australian Avenue, Suite 1400West Palm Beach, FL 33401Phone: (561)-655-4777Fax: (561)-835-8691Attorneys for Jeffiey EpsteinJack A. Goldberger, Esquirejgoldberger@agwpa.com;smahoney@agwpa.comAtterbury, Goldberger & Weiss, P.A.250 Australian Avenue South, Suite 1400West Palm Beach, FL 33401Phone: (561)-659-8300Fax: (561)-835-8691Attorneys for Jeffrey EpsteinBradley J. Edwards, Esquirestaff.efile@pathtojustice.comFanner, Jaffe, Weissing, Edwards, Fistos &Lehrman, FL425 North Andrews Avenue, Suite 2Fort Lauderdale, FL 33301Phone: (954)-524-2820Fax: (954)-524-2822Attorneys for Jeffrey EpsteinMarc S. Nurik, Esquiremarc@nuriklaw.comLaw Offices of Marc S. NurikOne E Broward Blvd., Suite 700Fort Lauderdale, FL 33301Phone: (954)-745-5849Fax: (954)-745-3556Attorneys for Scott RothsteinTonja Haddad Coleman, Esquiretonja@tonjahaddad.com;Debbie@Tonjahaddad.com;efiling@tonjahaddad.comTonja Haddad, P.A.315 SE 7th Street, Suite 301Fort Lauderdale, FL 33301Phone: (954)-467-1223Fax: (954)-337-3716Attorneys for Jeffrey EpsteinFred Haddad, EsquireDee@FredHaddadLaw.com;haddadfm@aol.com; fred@fredhaddadlaw.comFred Haddad, P.A.One Financial Plaza, Suite 2612Fort Lauderdale, FL 33394Phone: (954)-467-6767Fax: (954)-467-3599Attorneys for Jeffrey EpsteinIN THE CIRCUIT COURT OF THE 15THJUDICIAL CIRCUIT IN AND FOR PALMBEACH COUNTY, FLORIDACase No.:50 2009 CA 040800XXXXMBAGJEFFREY EPSTEIN,Plaintiff,vs.SCOTT ROTHSTEIN, individually, andBRADLEY J. EDWARDS, individually,Defendants,STATEMENT OF UNDISPUTED FACTSDefendant Bradley J. Edwards, Esq., offers the following specific facts as the undisputedmaterial facts in this case. Each of the following facts is numbered separately and individually tofacilitate Epstein's required compliance with Fla. R. Civ. P. 1.510(c) ("The adverse party shallidentify . . . any summary judgment evidence on which the adverse party relies.").Allreferenced exhibits and attachments have previously been filed with the Court and provided toEpstein.Sexual Abuse of Children By Epstein1. Defendant Epstein has a sexual preference for young children. Deposition ofJeffrey Epstein, Mar. 17, 2010, at 110 (hereinafter "Epstein Depo.") (Deposition Attachment#1).I When questioned about this subject at his deposition, Epstein invoked his Fifth Amendment right toremain silent rather than make an incriminating admission. Accordingly, Edwards is entitled to theadverse inference against Epstein that, had Epstein answered, the answer would have been unfavorable tohim. "Mt is well-settled that the Fifth Amendment does not forbid adverse inferences against parties toEXHIBIT2. Epstein repeatedly sexually assaulted more than forty (40) young girls onnumerous occasions between 2002 and 2005 in his mansion in West Palm Beach, Florida. Thesesexual assaults included vaginal penetration. Epstein abused many of the girls dozens if nothundreds of times. Epstein Depo. at 109 ("Q: How many times have you engaged in oral sexwith females under the age of 18r A: [Invocation of the Fifth Amendment]); Deposition of JaneDoe, September 24, 2009 and continued March 11, 2010, at 527 (minor girl sexually abused atleast 17 times by Epstein) (hereinafter "Jane Doe Depo") (Deposition Attachment #2); id. 564-67(vaginal penetration by Epstein with his finger), 568 (vaginal penetration by Epstein with amassager); Deposition of L.M., September 24, 2009, at 73 (hereinafter "L.M. Depo")(Deposition Attachment #3) (describing the manner in which Epstein abused her beginning whenLM was 13 years old, touching her vagina with his fingers and vibrator) at 74, line 12-13 (shewas personally molested by Epstein more than 50 times), at 164, line 19-23 and 141, line 12-13and 605, line 3-6 (describing that in addition to being personally molested by Epstein she waspaid $200 per underage girl she brought Epstein and she brought him more than seventy (70)underage girls - she told him that she did not want to bring him any more girls and he insistedthat she continue to bring him underage girls); Deposition of E.W., May 6, 2010 (hereinafter"E.W. Depo") (Deposition Attachment till) at 115-116, 131 and 255 (describing Epstein's abuseof her beginning at age 14 when he paid her for touching her vagina, inserting his fingers andcivil actions when they refuse to testify in response to probative evidence offered against them." Baxterv. Palmigiano, 425 U.S. 308, 318 (1976); accord Vasquez v. State, 777 So.2d 1200, 1203 (Fla. App.2001). The reason for this rule "is both logical and utilitarian. A party may not trample upon the rights ofothers and then escape the consequences by invoking a constitutional privilege — at least not in a civilsetting." Fraser v. Security and Inv. Corp., 615 So.2d 841, 842 (Fla. App. 1993).2using a vibrator and he also paid her $200 for each other underage female E.W. brought him tomolest. She brought him between 20 and 30 underage females); Deposition of Jane Doe It4, date(hereinafter "Jane Doe ftl Depo") (Deposition Attachment #5) at 32-34, and 136 (she describesfirst being taken to Epstein at 15 years old, "Being fingered by him, having him use a vibrator on[me], grabbing my nipples, smelling my butt, jerking off in front of me, licking my clit, severaltimes.").3. At all relevant times Edwards has had a good faith basis to conclude and didconclude' that Epstein was able to access a large number of underage girls through a pyramidabuse scheme in which he paid underage victims $200-$300 cash for each other underage victimthat she brought to him. See Palm Beach Police Incident Report at 87 (hereinafter "IncidentReport") (Exhibit "A").3 The Palm Beach Police Incident Report details Epstein's scheme formolesting underage females. Among other things, the Incident Report outlines some of theexperiences of other Epstein victims. When S.G, a 14 year old minor at the time, was brought toEpstein's home, she was taken upstairs by a woman she believed to be Epstein's assistant. Thewoman started to fix up the room, putting covers on the massage table and bringing lotions out.The "assistant" then left the room and told S.G. that Epstein would be up in a second. Epsteinwalked over to S.G. and told her to take her clothes off in a stern voice. S.G. states in the reportshe did not know what to do, as she was the only one there. S.G. took off her shirt, leaving herbra on. Epstein, then in a towel told her to take off everything. S.G. removed her pants leaving2 In support of all assertions concerning the actions Edwards took, what Edwards learned in the course of hisrepresentation of his clients, Edwards's good faith beliefs and the foundation for those beliefs, see EdwardsAffidavit and specifically paragraphs 25 and 25 of that Affidavit.3 For clarity, depositions attached to this memorandum will be identified numerically as attachments #1, #2, #3, etc.,while exhibits attached to this memorandum will be identified alphabetically as exhibits A, B, C, etc.3on her thong panties. Epstein then instructed S.G to give him a massage. As S.G gave Epstein amassage, Epstein turned around and masturbated. S.G. was so disgusted, she did not sayanything; Epstein told her she "had a really hot body." Id. at 14. In the report, S.G. admittedseeing Jeffrey Epstein's penis and stated she thought Epstein was on steroids because he was a"really built guy and his wee wee was very tiny." Id. at 15.4. The exact number of minor girls who Epstein assaulted is known only to Epstein.However, Edwards had a good faith basis to believe and did in fact believe that Epstein's victimswere substantially more than forty (40) in number. In addition to the deposition excerpts fromtwo of his many victims above about the number of underage girls brought to Epstein and thePalm Beach incident report, there is overwhelming proof that the number of underage girlsmolested by Epstein through his scheme was in the hundreds. See Complaint, Jane Doe 102 v.Epstein, (hereinafter Jane Doe 102 complaint) (Exhibit "B"); see also Deposition of JeffreyEpstein, April 14, 2010, at 442, 443, and 444 (Epstein invoking the 5th on questions about hisdaily abuse and molestation of children) (Deposition Attachment #6).5. At all relevant times Edwards has had a good faith basis to believe and did in factbelieve that Epstein and his attorneys knew of the seriousness of the criminal investigationagainst him and corresponded constantly with the United States Attorney's Office in an attemptto avoid the filing of numerous federal felony offenses, which effort was successful.SeeCorrespondence from U.S. Attorney's Office to Epstein (hereinafter "U.S. Attorney'sCorrespondence") (Composite Exhibit "C) (provided in discovery during the Jane Doe v. Epsteincase).46. At all relevant times Edwards has had a good faith basis to believe and did in factbelieve that, more specifically, Epstein's attorneys knew of Epstein's scheme to recruit minors forsex and also knew that these minors had civil actions that they could bring against him. In fact,there was much communication between Epstein's attorneys and the United States Prosecutors ina joint attempt to minimize Epstein's civil exposure. For example, on October 3, 2007, AssistantU.S. Attorney Marie Villafaila sent an email (attached hereto as Exhibit "D") to Jay Lefkowitz,counsel for Epstein, with attached proposed letter to special master regarding handling numerousexpected civil claims against Epstein. The letter reads in pertinent part,"The undersigned, as counsel for the United States of America andJeffrey Epstein, jointly write to you to provide information relevant to yourservice as a Special Master in the selection of an attorney to represent severalyoung women who may have civil damages claims against Mr. Epstein. TheU.S. Attorney's Office and the Federal Bureau of Investigation (jointly referredto as the "United States") have conducted an investigation of Jeffrey Epsteinregarding his solicitation of minor females in Palm Beach County to engage inprostitution. Mr. Epstein, through his assistants, would recruit underagefemales to travel to his home in Palm Beach to engage in lewd conduct inexchange for money. Based upon the investigation, the United States hasidentified forty (40) young women who can be characterized as victimspursuant to 18 USC 2255. Some of those women went to Mr. Epstein's homeonly once, some went there as much as 100 times or more. Some of thewomen's conduct was limited to performing a topless or nude massage whileMr. Epstein-masturbated himself For other women, the conduct escalated tofull sexual intercourse. As part of the resolution of the case, Epstein hasagreed that he would not contest jurisdiction in the Southern District of Floridafor any victim who chose to sue him for damages pursuant to 18 USC 2255.Mr. Epstein agreed to provide an attorney for victims who elected to proceedexclusively pursuant to that section, and agreed to waive any challenge toliability under that section up to an amount agreed to by the parties. The partieshave agreed to submit the selection of an attorney to a Special Master...."7. At all relevant times Edwards has had a good faith basis to believe and did in factbelieve that L.M. was, in fact, a victim of Epstein's criminal abuse because L.M. was one of the5minor females that the United States Attorney's Office recognized as a victim. L.M.'s sworndeposition testimony and the adverse inference drawn from Epstein's refusal to testify confirmthat Epstein began sexually assaulting L.M. when she was 13 years old and continued to molesther on more than fifty (50) occasions over three (3) years. Epstein Depo., Attachment #1, at 17("Q: Did you . . . ever engage in any sexual conduct with L.M.?" A: [Invocation of the FifthAmendment].); see also Epstein Depo., April 14, 2010, Attachment #6, at 456 ("Q: LM was anunderage female that you first abused when she was 13 years old; is that correct?" A: [Invocationof Fifth Amendment].)8. Epstein was also given ample opportunity to explain why he engaged in sexualactivity with L.M. beginning when L.M. was 13 years old and why he has molested minors on aneveryday basis for years, and he invoked his 5th amendment right rather than provideexplanation.See Epstein Deposition, February 17, 2010, at 11-12, 30-31 (DepositionAttachment # 7).9. Epstein also sexually assaulted E.W., beginning when she was 14 years old anddid so on numerous occasions. See E.W. Depo., Attachment #1 at 215-216.10. Another of the minor girls Epstein sexually assaulted was Jane Doe; the abusebegan when Jane Doe was 14 years old. Rather than incriminate himself, Epstein invoked the5th amendment to questions about him digitally penetrating Doe's vagina, using vibrators on hervagina and masturbating and ejaculating in her presence. Epstein Depo., April 14, 2010,Attachment #6, at 420, 464, 468.11. When Edwards's clients L.M., E.W., and Jane Doe were 13 or 14 years old, eachwas brought to Epstein's home multiple times by another underage victim. Epstein engaged in6one or more of the following acts with each of the then-minor girls at his mansion: receiving atopless or completely nude massage; using a vibrator on her vagina; masturbating in herpresence; ejaculating in her presence; touching her breast or buttocks or vagina or the clothescovering her sexual organs; and demanding that she bring him other underage girls. Epstein andhis co-conspirators used the telephone to contact these girls to entice or induce them into goingto his mansion for sexual abuse. Epstein also made E.W. perform oral sex on him and was toperform sex acts on Nadia Marcinkova (Epstein's live-in sex slave) in Epstein's presence. SeePlaintiff Jane Doe's Notice Regarding Evidence of Similar Acts of Sexual Assault, filed in JaneDoe v. Epstein, No. 08-cv-80893 (S.D. Fla. 2010), as DE 197, (hereinafter "Rule 413 Notice)(Exhibit "F'); Jane Doe Depo., Attachment #2, at 379-380; L.M. Depo., Attachment #3, at 416;E.W. Depo, Attachment #4, at 205.12. At all relevant times Edwards has had a good faith basis to believe and did in factbelieve that yet another of the minor girls Epstein sexually assaulted was C.L. When she wasapproximately 15 years old, C.L. was brought to Epstein's home by another underage victim.While a minor, she was at Epstein's home on multiple occasions. Epstein engaged in one ormore of the following acts with her while she was a minor at his house - topless or completelynude massage on Epstein; Epstein used a vibrator on her vagina; Epstein masturbated in herpresence; Epstein ejaculated in her presence; Epstein also demanded that she bring him otherunderage girls. See Rule 413 Notice, Exhibit "E"; Incident Report, Exhibit "A."13. At all relevant times Edwards has had a good faith basis to believe and did in factbelieve that yet another girl Epstein sexually assault was A.H. When she was approximately 16years old, she was brought to Epstein's home by another underage victim. While a minor, she7was at Epstein's home on multiple occasions. Epstein engaged in one or more of the followingacts with her while she was a minor at his house - topless or completely nude massage onEpstein; Epstein used a vibrator on her vagina; Epstein masturbated in her presence; Epsteinejaculated in her presence; Epstein touched her breast or buttock or vagina or the clothescovering her sexual organs; was made to perform sex acts on Epstein; made to perfoini sex actson Nadia Marcinkova in Epstein's presence. Epstein also forcibly raped this underage victim, ashe held her head down against her will and pumped his penis inside her while she was screaming"No". See Rule 413 Notice, Exhibit "E"; Incident Report, Exhibit "A", at 41 (specificallydiscussing the rape):"[A.H.] remembered that she climaxed and was removing herself from themassage table. [A.H.] asked for a sheet of paper and drew the massage table in themaster bathroom and where Epstein, Marcinkova and she were. Epstein turned[A.H.] on to her stomach on the massage bed and inserted his penis into hervagina. [A.H.] stated Epstein began to pump his penis in her vagina. [A.H.]became upset over this. She said her head was being held against the bed forcibly,as he continued to pump inside her. She screamed no, and Epstein stopped ....""[A.H.] advised there were times that she was so sore when she left Epstein'shouse. [A.H.] advised she was ripped, torn, in her vagina area. [A.H.] advised shehad difficulty walking to the car after leaving the house because she was so sore."14. Without detailing each fact known about Epstein's abuse of the many underagegirls, Edwards has had a good faith basis to believe and did in fact believe at all relevant timesthat Epstein also abused other victims in ways closely similar to those described in the precedingparagraphs. Epstein's additional victims include the following (among many other) young girls:S.G.; A.D.; V.A.; N.R.; J.S.; V.Z.; J.A.; F.E.; M.L.; M.D.; D.D.; and D.N. These girls werebetween the ages of 13 and 17 when Epstein abused them. See Rule 413 Notice, Exhibit E;Deposition of E.W., Deposition Attachment /Pl.815. One of Mr. Epstein's household employees, Mr. Alfredo Rodriguez, sawnumerous underage girls coming into Epstein's mansion for purported "massages."SeeRodriguez Depo. at 242-44 (Deposition Attachment #8). Rodriguez was aware that "sex toys"and vibrators were found in Epstein's bedroom after the purported massages. Id. at 223-28.Rodriguez thought what Epstein was doing was wrong, given the extreme youth of the girls hesaw. Id. at 230-31..16. Alfredo Rodriguez took a journal from Epstein's computer that reflected many ofthe names of underage females Epstein abused across the country and the world, includinglocations such as Michigan, California, West Palm Beach, New York, New Mexico, and Paris,France. See Journal (hereinafter "The Journal" or "Holy Grail") (Exhibit "F") (identifying,among other Epstein acquaintances, females that Rodriguez believes were underage under theheading labeled "Massages").17. Rodriguez was later charged in a criminal complaint with obstruction of justice inconnection with trying to obtain $50,000 from civil attorneys pursuing civil sexual assault casesagainst Epstein as payment for producing the book to the attorneys. See Criminal Complaint at2, U.S. v. Rodriguez, No. 9:10-CR-80015-KAM (S.D. Fla. 2010) (Exhibit "G"). Rodriguezstated he needed money because the journal was his "property" and that he was afraid thatJeffrey Epstein would make him "disappear" unless he had an "insurance policy" (i.e., thejournal). Id. at 3. Because of the importance of the information in the journal to the civil cases,Mr. Rodriguez called it "The Holy Grail."18. In the "Holy Grail" or "The Journal," among the many names listed (along withthe abused girls) are some of the people that Epstein alleges in his Complaint had "no connection9whatsoever" with the litigation in this case. See, e.g., Journal, Exhibit F, at 85 (Donald Trump);at 9 (Bill Clinton phone numbers listed under "Doug Bands").Federal Investigation and Plea Agreement With Epstein19. In approximately 2005, the FBI and the U.S. Attorney's Office in the SouthernDistrict of Florida learned of Epstein's repeated sexual abuse of minor girls. They began acriminal investigation into federal offenses related to his crimes.See U.S. Attorney'sCorrespondence, Exhibit C.20. At all relevant times Edwards has had a good faith basis to believe and did in factbelieve that to avoid the Government learning about his abuse of minor girls, Epstein threatenedhis employees and demanded that they not cooperate with the government. Epstein's aggressivewitness tampering was so severe that the United States Attorney's Office prepared negotiatedplea agreements containing these charges. For example, in a September 18, 2007, email fromAUSA Villafafia to Lefkowitz (attached hereto as Exhibit "I-F), she attached the proposed pleaagreement describing Epstein's witness tampering as follows:"UNITED STATES vs. JEFFREY EPSTEIN PLEA PROFFER"On August 21, 2007, FBI Special Agents E. Nesbitt Kuyrkendall and JasonRichards traveled to the home of Leslie Groff to serve her with a federal grandjury subpoena with an investigation pending in the Southern District of Florida.Ms. Groff works as the personal assistant of the defendant. Ms. Groff beganspeaking with the agents and then excused herself to go upstairs to check on hersleeping child. While upstairs, Ms. Groff telephoned the defendant, JeffreyEpstein, and informed him that the FBI agents were at her home. Mr. Epsteininstructed Ms. Groff not to speak with the agents and reprimanded her forallowing them into her home. Mr. Epstein applied pressure to keep Ms. Grofffrom complying with the grand jury subpoenas that the agents had served uponher. In particular, Mr. Epstein warned Ms. Groff against turning over documentsand electronic evidence responsive to the subpoena and pressured her to delay her10appearance before the grand jury in the Southern District of Florida. Thisconversation occurred when Mr. Epstein was aboard his privately owned civilianaircraft in Miami in the Southern District of Florida. His pilot had filed a flightplan showing the parties were about to return to Teterboro, NJ. After theconversation with Ms. Groff, Mr. Epstein became concerned that the FBI wouldtry to serve his traveling companion, Nadia Marcinkova, with a similar grand jurysubpoena. In fact, the agents were preparing to serve Ms. Marcinkova with atarget letter when the flight landed in Teterboro. Mr. Epstein then redirected hisairplane, making the pilot file a new flight plan to travel to the US Virgin Islandsinstead of the New York City area, thereby keeping the Special Agents fromserving the target letter on Nadia Marcinkova. During the flight, the defendantverbally harassed Ms. Marcinkova, harassing and pressuring her not to cooperatewith the grand jury's investigation, thereby hindering and dissuading her fromreporting the commission of a violation of federal law to a law enforcementofficer, namely, Special Agents of the FBI. Epstein also threatened and harassedSarah Kellen against cooperating against him as well.21. Edwards learned that the Palm Beach police depaitment investigation ultimatelyled to the execution of a search warrant at Epstein's mansion in October 2005. See PoliceIncident Report, Exhibit A.22. Edwards learned that at around the same time, the Palm Beach Police Depai inentalso began investigating Epstein's sexual abuse of minor girls. They also collected evidence ofEpstein's involvement with minor girls and his obsession with training sex slaves, includingpulling information' from Epstein's trash. Their investigation showed that Epstein ordered fromArnazon.com on about September 4, 2005, such books as: SM101: A Realistic Introduction, byJay Wiseman; SlaveCraft: Roadmaps for Erotic Servitude - Principles, Skills, and Tools, by GuyBaldwin; and Training with Miss Abernathy: A Workbook for Erotic Slaves and Their Owners,by Christina Abernathy. See Receipt for Sex Slave Books (Exhibit "r).23. The Palm Beach incident reports provided Edwards with the names of numerouswitnesses that participated in Epstein's child molestation criminal enterprise and also provided11Edwards with some insight into how far-reaching Epstein's power was and how addicted Epsteinwas to sex with children. See Incident Report, Exhibit A.24. The Palm Beach Police Depai talent also collected Epstein's message pads, whichprovided other names of people that also knew Epstein's scheme to molest children. SeeMessage Pads (Exhibit "J") (note: the names of underage females have been redacted to protectthe anonymity of the underage sex abuse victims). Those message pads show clear indicationthat Epstein's staff was frequently working to schedule multiple young girls between the ages of12 and 16 years old literally every day, often two or three times per day. Id.25. In light of all of the information of numerous crimes committed by Epstein,Edwards learned that the U.S. Attorney's Office began preparing the filing of federal criminalcharges against Epstein.For example, in addition to the witness tampering and moneylaundering charges the U.S. Attorney's Office prepared an 82-page prosecution memo and a 53-page indictment of Epstein related to his sexual abuse of children. On September 19, 2007, at12:14 PM, AUSA Villafacia wrote to Epstein's counsel, Jay Lefkowitz, "Jay - I hate to have to befirm about this, but we need to wrap this up by Monday. I will not miss my indictment datewhen this has dragged on for several weeks already and then, if things fall apart, be left in a lessadvantageous position than before the negotiations. I have had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these negotiations. There has to bean ending date, and that date is Monday." These and other communications are within thecorrespondence attached as Composite Exhibit "C."26. Edwards learned that rather than face the filing of federal felony criminal charges,Epstein (through his attorneys) engaged in plea bargain discussions.12As a result of thosediscussions, on September 24, 2007, Epstein signed an agreement with the U.S. Attorney'sOffice for the Southern District of Florida. Under the agreement, Epstein agreed to plead guiltyto an indictment pending against him in the 15th Judicial Circuit in and for Palm Beach Countycharging him with. solicitation of prostitution and procurement of minors for prostitution.Epstein also agreed that he would receive a thirty month sentence, including 18 months of jailtime and 12 months of community control. In exchange, the U.S. Attorney's Office agreed not topursue any federal charges against Epstein. See Non-Prosecution Agreement (Exhibit "K").27. Part of the Non-Prosecution Agreement that Epstein negotiated was a provision inwhich the federal government agreed not to prosecute Epstein's co-conspirators.The coconspiratorsprocured minor females to be molested by Epstein. One of the co-conspirators -Nadia Marcinkova -even participated in the sex acts with minors (including E.W.) and Epstein.See Incident Report, Exhibit "A", at 40-42, 49-51; Deposition of Nadia Marcinkova, April 13,2010, (hereinafter "Marcinkova Depo.") at 11 (Deposition attachment #9).28. Under the Non-Prosecution Agreement, Epstein was to use his "best efforts" toenter into his guilty pleas by October 26, 2007. However, Edwards learned that Epstein violatedhis agreement with the U.S. Attorney's Office to do so and delayed entry of his plea. See Letterfrom U.S. Attorney R. Alexander Acosta to Lilly Ann Sanchez, Dec. 19, 2007 (Exhibit "L").29. On January 10, 2008 and again on May 30, 2008 E.W. and L.M. received lettersfrom the FBI advising them that "Nhis case is currently under investigation. This can be alengthy process and we request your continued patience while we conduct a thoroughinvestigation." Letters attached at Composite Exhibit M. This document is evidence that theFBI did not notify E.W. and L.M. that a plea agreement had already been reached that would13block federal prosecution of Epstein. Nor did the FBI notify E.W. and L.M. of any of the parts ofthe plea agreement. Nor did the FBI or other federal authorities confer with E.W. and L.M.about the plea. See id.30. In 2008, Edwards believed in good faith that criminal prosecution of Epstein wasextremely important to his clients E.W. and L.M. and that they desired to be consulted by theFBI and/or other representatives of the federal government about the prosecution of Epstein.The letters that they had received around January 10, 2008, suggested that a criminalinvestigation of Epstein was on-going and that they would be contacted before the federalgovernment reached any final resolution of that investigation. See id.Edwards Agrees to Serve as Legal Counsel for Three Victims of Epstein's SexualAssaults31. In about April 2008, Bradley J. Edwards, Esq., was a licensed attorney in Florida,practicing as a sole practitioner. As a former prosecutor, he was well versed in civil cases thatinvolved criminal acts, including sexual assaults. Three of the many girls Epstein had abused —L.M., E.W., and Jane Doe — all requested that Edwards represent them civilly and secureappropriate monetary damages against Epstein for repeated acts of sexual abuse while they wereminor girls. Two of the girls (L.M. and E.W.) also requested that Edwards represent them inconnection with a concern that the Federal Bureau of Investigation (FBI) and U.S. Attorney'sOffice might be arranging a plea bargain for the criminal offenses committed by Epstein withoutproviding them the legal rights to which they were entitled (including the right to be notified ofplea discussions and the right to confer with prosecutors about any plea arrangement).See14Affidavit of Bradley. J. Edwards, Esq. at ¶1 - 2, ¶4 (hereinafter "Edwards Affidavit") (ExhibitN").32. On June 13, 2008, attorney Edwards agreed to represent E.W.; on July 2, 2008,attorney Edwards agreed to represent Jane Doe; and, on July 7, 2008, attorney Edwards agreed torepresent L.M. in connection with the sexual assaults committed by Epstein and to insure thattheir rights as victims of crimes were protected in the criminal process on-going against Epstein.Mr. Edwards and his three clients executed written retention agreements. See id. at ¶2.33. In mid June of 2008, Edwards contacted AUSA Villafafia to infoun her that herepresented Jane Doe #1 and, later, Jane Doe #2. AUSA Villafatia did not advise that a pleaagreement had already been negotiated with Epstein's attorneys that would block federalprosecution. To the contrary, AUSA Villafana mentioned a possible indictment. AUSAVillafafia did indicate that federal investigators had concrete evidence and information thatEpstein had sexually molested many underage minor females, including E.W., LM, and JaneDoe. See id. at ¶4.34. Edwards also requested from the U.S. Attorney's Office the information that theyhad collected regarding Epstein's sexual abuse of his clients. However, the U.S. Attorney'sOffice, declined to provide any such information to Edwards. It similarly declined to provideany such information to the other attorneys who represented victims of Epstein's sexual assaults.At the very least, this includes the items that were confiscated in the search warrant of Epstein'shome, including dildos, vibrators, massage table, oils, and additional message pads.SeeProperty Receipt (Exhibit "0").1535. On Friday, June 27, 2008, at approximately 4:15 p.m., AUSA Villafafia received acopy of Epstein's proposed state plea agreement and learned that the plea was scheduled for 8:30a.m., Monday, June 30, 2008. AUSA Villafafia called Edwards to provide notice to his clientsregarding the hearing. AUSA Villafafia did not tell Attorney Edwards that the guilty pleas instate court would bring an end to the possibility of federal prosecution pursuant to the pleaagreement. See Edwards Affidavit, Exhibit "N", at ¶6.36. Under the Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771, victims offederal crimes — including E.W. and L.M. — are entitled to basic rights during any pleabargaining process; including the right to be treated with fairness, the right to confer withprosecutors regarding any plea, and the right to be heard regarding any plea. The process thatwas followed leading to the non-prosecution of Epstein violated these rights of E.W. and L.M.See Emergency Petn. for Victim's Enforcement of Crime Victim's Rights, No. 9:08-CV-80736-KAM (S.D. Fla. 2008) (Exhibit "P").37. Because of the violation of the CVRA, on July 7, 2008, Edwards filed an action inthe U.S. District Court for the Southern District of Florida, Case No. 9:08-CV-80736, seeking toenforce the rights of E.W. and L.M. That action alleged that the U.S. Attorney's Office hadfailed to provide E.W. and L.M. the rights to which they were entitled under the Act, includingthe right to be notified about a plea agreement and to confer with prosecutors regarding it. Seeid.38. On July 11, 2008, Edwards took E.W. and L.M. with him to the hearing on theCVRA action. It was only at this hearing that both victims learned for the first time that the pleadeal was already done with Epstein and that the criminal case against Epstein had been16effectively terminated by the U.S. Attorney's office. See Hearing Transcript, July 11, 2008(Exhibit "Q").39. Edwards learned that Jane Doe felt so strongly that the plea bargain wasinappropriate that she made her own determination to appear on a television program andexercise her First Amendment rights to criticize the unduly lenient plea bargain Epstein receivedin a criminal case.40. The CVRA action that Edwards filed was recently administratively closed andEdwards filed a Motion to reopen that proceeding. See No. 9:08-CV-80736 (S.D. Fla.).Epstein's Entry of Guilty Pleas to Sex Offenses41. Ultimately, on June 30, 2008, in the Fifteenth Judicial Circuit in Palm BeachCounty, Florida, defendant Epstein, entered pleas of "guilty" to various Florida state crimesinvolving the solicitation of minors for prostitution and the procurement of minors for thepurposes of prostitution. See Plea Colloquy (Exhibit "R").42. As a condition of that plea, and in exchange for the Federal Government notprosecuting the Defendant, Epstein additionally entered into an agreement with the FederalGovernment acknowledging that approximately thirty-four (34) other young girls could receivepayments from him under the federal statute providing for compensation to victims of childsexual abuse, 18 U.S.C. § 2255. As had been agreed months before, the U.S. Attorney's Officedid not prosecute Epstein federally for his sexual abuse of these minor girls. See Addendum toNon-Prosecution Agreement (Exhibit "S") (in redacted fowl to protect the identities of theminors involved).1743. Because Epstein became a convicted sex offender, he was not to have contactwith any of his victims. During the course of his guilty pleas on June 30, 2008, Palm BeachCircuit Court Judge Deborah Dale Pucillo ordered Epstein "not to have any contact, direct orindirect" with any victims. She also expressly stated that her no-contact order applied to "all ofthe victims."Similar orders were entered by the federal court handling some of the civil casesagainst Epstein. The federal court stated that it "finds it necessary to state clearly that Defendantis under this court's order not to have direct or indirect contact with any plaintiffs . . . ." Order,Case No. 9:08-cv-80119 (S.D. Fla. 2008), [DE 238] at 4-5 (emphasis added); see also Order,Case No. 9:08-cv-80893, [DE 193] at 2 (emphasis added).Edwards Files Civil Suits Against Epstein44. Edwards had a good faith belief that his clients felt angry and betrayed by thecriminal system and wished to prosecute and punish Epstein for his crimes against them inwhatever avenue remained open to them. On August 12, 2008, at the request of his client JaneDoe, Brad Edwards filed a civil suit against Jeffrey Epstein to recover damages for his sexualassault of Jane Doe. See Edwards Affidavit, "N" at $7. Included in this complaint was a RICOcount that explained how Epstein ran a criminal conspiracy to procure young girls for him tosexually abuse. See Complaint, Jane Doe v. Epstein (Exhibit "T").45. On September 11, 2008, at the request of his client E.W., Brad Edwards filed a civilsuit against Jeffrey Epstein to recover damages for his sexual assault of E.W. See Complaint,E.W. v. Epstein (Exhibit "U").1846. On September 11, 2008, at the request of his client L.M.., Brad Edwards filed a civilsuit against Jeffiey.Epstein to recover damages for his sexual assault of L.M. See Complaint,L.M. v. Epstein, (Exhibit "V").47. Jane Doe's federal complaint indicated that she sought damages of more than$50,000,000. Listing the amount of damages sought in the complaint was in accord with othercivil suits that were. filed against Epstein (before any lawsuit filed by Edwards). See Complaint,Jane Doe itd v. Epstein (Exhibit "W") (filed by Herman and Meimelstein, PA).48. At about the same time as Edwards filed his three lawsuits against Epstein, othercivil attorneys were filing similar lawsuits against Epstein. For example, on or about April 14,2008 another law firm, Herman and Mermelstein, filed the first civil action against Epstein onbehalf of one of its seven clients who were molested by Epstein. The complaints that attorneyHerman filed on behalf of his seven clients were similar in tenor and tone to the complaint thatEdwards filed on behalf of his three clients. See id.49. Over the next year and a half, more than 20 other similar civil actions were filed byvarious attorneys against Epstein alleging sexual assault of minor girls. These complaints werealso similar in tenor and tone to the complaint that Edwards filed on behalf of his clients. Thesecomplaints are all public record and have not been attached, but are available in this Court's filesand the files of the U.S. District Court for the Southern District of Florida.50. In addition to the complaints filed against Epstein in Florida, a female in New York,Ava Cordero, filed a lawsuit against Epstein in New York making similar allegations - thatEpstein paid her for a massage then forced her to give him oral sex and molested her in otherways when she was only 16 years old. Cordero was bom a male, and in her complaint she19alleges that Epstein told her during the "massage", "I love how young you are. You have a tightbutt like a baby". See Jeff Epstein Sued for "Repeated Sexual Assaults" on Teen, New YorkPost, October 17, 2007, by Dareh Gregorian, link at:http://www.nypost.com/p/news/regional/item 44z1WyLUFH7R1OUtKYGPbP;j se s si oni d=6CA3EB FlBEF 68F5DE14BFB2 GAAS C37E0. See Article attached hereto as Exhibit X.51. Edwards's three complaints against Epstein contained less detail about sexualabuse than (as one example) a complaint filed by attorney Robert Josephsberg from the law fiiuiof Podhurst Orseck. See Complaint, Jane Doe 102 v. Epstein (Exhibit "B"). As recounted indetail in this Complaint, Jane Doe 102 was 15 years old when Ghislaine Maxwell discovered herand lured her to Epstein's house. Maxwell and Epstein forced her to have sex with both of themand within weeks Maxwell and Epstein were flying her all over the world. According to theComplaint, Jane Doe 102 was forced to live as one of Epstein's underage sex slaves for yearsand was forced to have sex with not only Maxwell and Epstein but also other politicians,businessmen, royalty, academicians, etc. She was even made to watch Epstein have sex withthree 12-year-old French girls that were sent to him for his birthday by A French citizen that is afriend of Epstein's. Luckily, Jane Doe 102 escaped to Australia to get away from Epstein andMaxwell's sexual abuse.52. Edwards learned that in addition to civil suits that were filed in court againstEpstein, at around the same time other attorneys engaged in pre-filing settlement discussionswith Epstein. Rather than face filed civil suits in these cases, Epstein paid money settlements tomore than 15 other women who had sexually abused while they were minors. See articlesregarding settlements attached hereto as Composite Exhibit "Y."20Epstein's Obstruction of Normal Discovery and Attacks on His Victims53. Once Edwards filed his civil complaints for his three clients, he began the normalprocess of discovery for cases such as these. He sent standard discovery requests to Epsteinabout his sexual abuse of the minor girls, including requests for admissions, request forproduction, and interrogatories. See Edwards Affidavit, Exhibit `1\T", at 11111-19 and 25.Rather than answer any substantive questions about his sexual abuse and his conspiracy forprocuring minor girls for him to abuse, Epstein invoked his 5th amendment right against selfincrimination.An example of Epstein's refusal to answer is attached as Composite Exhibit "Z"(original discovery propounded to Epstein and his responses invoking 5th amendment).54. During the discovery phase of the civil cases filed against Epstein, Epstein'sdeposition was taken at least five times. During all of those depositions, Epstein refused toanswer any substantive questions about his sexual abuse of minor girls. See, e.g., DepositionAttachments 1, 6 and 7.55. During these depositions, Epstein further attempted to obstruct legitimatequestioning by inserting a variety of irrelevant information about his case.As one ofinnumerable examples, on March 8, 2010, Mr. Horowitz, representing seven victims, Jane Doe's2-8, asked, "Q: In 2004, did you rub Jane Doe 3's vagina? A: Excuse me. I'd like to answer thatquestion, as I would like to answer mostly every question you've asked me here today; however,upon advice of counsel, I cannot answer that question. They've advised me I must assert mySixth Amendment, Fifth Amendment and Fourteenth Amendment Rights against self--excuseme, against--under the Constitution. And though your partner, Jeffiey Heiman, was disbarredafter filing this lawsuit [a statement that was untrue], Mr. Edwards' pai tier sits in jail for21fabricating cases of a sexual nature fleecing unsuspecting Florida investors and others out ofmillions of dollars for cases of a sexual nature with--I'd like to answer your questions; however ifI--I'm told that if I do so, I risk losing my counsel's representation; therefore I must accept theiradvice." Epstein deposition, March 8, 2010, at 106 (Deposition attachment #10).56. When Edwards had the opportunity to take Epstein's deposition, he only askedreasonable questions, all of which related to the merits of the cases against Epstein.A11depositions of Epstein in which Mr. Edwards participated on behalf of his clients are attached tothis motion. See Edwards Affidavit, Exhibit "N" at Il 1 and Deposition attachments #1, 6, 7, 10,11, 12, and 13. Cf. with Deposition of Epstein taken by an attorney representing BB (one inwhich Edwards was not participating), http://www.youtube.com/watch?v=V-dqoEyYXx4; andhttp://www.youtube.com/watch?v=YCNiY1tW-r057. Edwards's efforts to obtain information about Epstein's organization forprocuring young girls was also blocked because Epstein's co-conspirators took the Fifth.Deposition of Sarah Kellen, March 24, 2010 (hereinafter "Kellen Depo.") (Depositionattachment #14); Deposition of Nadia Marcinkova, April 13, 2010, (Deposition attachment #9);Deposition of Adriana Mucinska Ross, March 15, 2010 (hereinafter "Ross Depo.") (Depositionattachment #15). Each of these co-conspirators invoked their respective rights against selfincriminationas to all relevant questions, and the depositions have been attached.58. At all relevant times Edwards has had a good faith basis to believe and did in factbelieve Sarah Kellen was an employee of Epstein's and had been identified as a defendant in atleast one of the complaints against Epstein for her role in bringing girls to Epstein's mansion tobe abused. At the deposition, she was represented by Bruce Reinhart. She invoked the Fifth on22all substantive questions regarding her role in arranging for minor girls to come to Epstein'smansion to be sexually abused.Reinhart had previously been an Assistant United StatesAttorney in the U.S. Attorney's Office for the Southern District of Florida when Epstein wasbeing investigated criminally by Reinhart's office. Reinhart left the United States Attorney'sOffice and was immediately hired by Epstein to represent Epstein's pilots and certain coconspiratorsduring the civil cases against Epstein. See Edwards Affidavit, Exhibit `1\1" at ¶11.59. Edwards also had other lines of legitimate discovery blocked through the effortsof Epstein and others. For example, Edwards learned through deposition that Ghislaine Maxwellwas involved in managing Epstein's affairs and companies. See deposition of Epstein's housemanager Janusz Banziak, February 16, 2010 at page 14, lines 20-23 (Deposition Attachment#16); See deposition of Epstein's housekeeper Louella Rabuyo, October 20, 2009, page 9, lines17-25 (Deposition Attachment #17); See deposition of Epstein's pilot Larry Eugene Morrison,October 6, 2009, page 102-103 (Deposition Attachment #18); See deposition of AlfredoRodriguez, August 7, 2009, page 302-306 and 348 (Deposition Attachment #8); See also PrinceAndrew's Friend, Ghislaine Maxwell, Some Underage Girls and A Very Disturbing Story,September 23, 2007 by Wendy Leigh, link athap://www.redicecreations.com/article.php?id=18950HANNA SJOBERG. Exhibit "AA".60. Alfredo Rodriguez testified that Maxwell took photos of girls without the girls'knowledge, kept the images on her computer, knew the names of the underage girls and theirrespective phone numbers and other underage victims were molested by Epstein and Maxwelltogether. See Deposition of Rodriguez, Deposition attachment # 8 at 64, 169-170 and 236.2361. In reasonable reliance on this and other information, Edwards served Maxwell fordeposition in 2009. See Deposition Notice attached as Exhibit "BB." Maxwell was representedby Brett Jaffe of the New York film of Cohen and Gresser, and Edwards understood that herattorney was paid for (directly or indirectly) by Epstein.She was reluctant to give herdeposition, and Edwards tried to work with her attorney to take her deposition on terms thatwould be acceptable to both sides. The result was the attached confidentiality agreement, underwhich Maxwell agreed to drop any objections to the deposition, attached hereto as Exhibit "CC."Maxwell, however, contrived to avoid the deposition.On June 29, 2010, one day beforeEdwards was to fly to NY to take Maxwell's deposition, her attorney informed Edwards thatMaxwell's mother was deathly ill and Maxwell was consequently flying to England with nointention of returning to the United States. Despite that assertion, Ghislaine Maxwell was in factin the country on July 31, 2010, as she attended the wedding of Chelsea Clinton (formerPresident Clinton's daughter) and was captured in a photograph taken for OK magazine. Photosfrom Issue 809 of the publication See US Weekly dated August 16, 2010 are attached hereto asExhibit "DD" and Edwards Affidavit, Exhibit "N" at ¶12.62. Maxwell is not the only important witness to lie to avoid deposition by Edwards.Upon review of the.message pads that were taken from Epstein's home in the police trash pulls,see. Exhibit "Y' supra, many were from Jean Luc Brunel, a French citizen and one of Epstein'sclosest pals. He left messages for Epstein. One dated 4/1/05 said, "He has a teacher for you toteach you how to speak Russian. She is 2x8 years old, not blonde. Lessons are free and you canhave your lst today if you call." See Messages taken from Jean Luc Brunel are attached hereto asExhibit "EE." In light of these circumstances of the case, this message reasonably suggested to24Edwards that Brunel might have been procuring two eight-year-old girls for Epstein to sexuallyabuse.According .to widely circulated press reports reviewed by Edwards, Brunel is in hissixties and has a reputation throughout the world (and especially in the modeling industry) as acocaine addict that has for years molested children through modeling agencies while acting astheir agent — conduct that has been the subject of critical reports, books, several news articles,and a 60 Minutes documentary on Brunel's sexual exploitation of underage models.Seehttp://bradmillershero.blogspot.com/2010/08/women-are-objects.html, attached hereto as Exhibit"FF."63. Edwards learned that Brunel is also someone that visited Epstein onapproximately 67 occasions while Epstein was in jail. See Epstein's jail visitor log attached asExhibit "GG."64. Edwards learned that Brunel currently runs the modeling agency MC2, a companyfor which Epstein provides financial support. See Message Pad's attached as Exhibit "T' supraand Sworn Statement of MC2 employee Maritza Vasquez, June 15, 2010, "Maritza VasquezSworn Statement" attached at Exhibit "RH" at 1-16.65. Employees of MC2 told Edwards that Epstein's numerous condos at 301 East 66Street in New York were used to house young models. Edwards was told that MC2 modelingagency, affiliated with Epstein and Brunel brought underage girls from all over the world,promising them modeling contracts. Epstein and Brunel would then obtain a visa for these girls,then would charge the underage girls rent, presumably to live as underage prostitutes in thecondos. See Maritza Vasquez Sworn Statement, Exhibit "HH" at 7-10, 12-15, 29-30, 39-41, 59-60 and 62-67.2566. In view of this infoimation suggesting Brunel could provide significant evidenceof Epstein's trafficking in young girls for sexual abuse, Edwards had Brunel served in New Yorkfor deposition. See Notice of Deposition of Jean Luc Brunel attached hereto as Exhibit "II."Before the deposition took place, Brunel's attorney (Tama Kudman of West Palm Beach)contacted Edwards to delay the deposition date. Eventually Kudman informed Edwards inJanuary 2009 that Brunel had left the country and was back in France with no plans to return.This information was untrue; Brunel was actually staying with Epstein in West Palm Beach. SeeBanasiak deposition, deposition attachment #16 at 154-160 and 172-175; see also pages fromEpstein's probation file evidencing Jean Luc Brunel (JLB) staying at his house during thatrelevant period of time attached Exhibit "JJ". As a result, Edwards filed a Motion for Contempt,attached hereto as Exhibit "KK" (Because Epstein settled this case, the motion was never ruledupon.)67. Edwards was also informed that Epstein paid for not only Brunel's representationduring the civil process but also paid for legal representation for Sarah Kellen (Epstein'sexecutive assistant and procurer of girls for him to abuse), Larry Visoski (Epstein's personalpilot), Dave Rogers (Epstein's personal pilot), Larry Harrison (Epstein's personal pilot), LouellaRabuyo (Epstein's housekeeper), Nadia Marcinkova (Epstein's live-in sex slave), GhislaineMaxwell (manager of Epstein's affairs and businesses), Mark Epstein (Epstein's brother), andJanusz Banasiak (Epstein's house manager) It was nearly impossible to take a deposition ofsomeone that would have helpful information that was not represented by an attorney paid for byEpstein. See Edwards Affidavit, Exhibit "N" at ¶11.2668. While Epstein and others were preventing any legitimate discovery into his sexualabuse of minor girls, at the same time he was engaging (through his attorneys) in brutalquestioning of the girls who had filed civil suits against him, questioning so savage that it madelocal headlines. See Jane Musgrave, Victims Seeking Sex offender's Millions See Painful PastsUsed Against Them, Palm Beach Post News, Jan. 23, 2010, available athttp://vvww.palmbeachpost.cominews/crime/victims-seeking-sex-offenders-millions-see-painfulpasts-192988.htmlattached hereto as Exhibit "LL."Edwards Pursues Other Lines of Discovery69. Because of Epstein's thwarting of discovery and attacks on Edwards's clients,Edwards was forced to pursue other avenues of discovery.Edwards only pursued legitimatediscovery designed. to further the cases filed against Epstein. See Edwards Affidavit, Exhibit``N"70. Edwards notified Epstein's attorneys of his intent to take Bill Clinton's deposition.Edwards possessed a legitimate basis for doing so: (a) Clinton was friends with GhislaineMaxwell who was Epstein's longtime companion and helped to run Epstein's companies, keptimages of naked underage children on her computer, helped to recruit underage children forEpstein, engaged in lesbian sex with underage females that she procured for Epstein, andphotographed underage females in sexually explicit poses and kept child pornography on hercomputer; (b) it was national news when Clinton traveled with Epstein aboard Epstein's privateplane to Africa and the news articles classified Clinton as Epstein's friend. (c) the complaintfiled on behalf of Jane Doe No. 102 stated generally that she was required by Epstein to besexually exploited by not only Epstein but also Epstein's "adult male peers, including royalty,27politicians, academicians, businessmen, and/or other professional and personal acquaintances" —categories Clinton and acquaintances of Clinton fall into. The flight logs showed Clintontraveling on Epstein's plane on numerous occasions between 2002 and 2005. See Flight logsattached hereto as Exhibit "MM." Clinton traveled on many of those flights with GhislaineMaxwell, Sarah Kellen, and Adriana Mucinska, - all employees and/or co-conspirators ofEpstein's that were closely connected to Epstein's child exploitation and sexual abuse. Thedocuments clearly show that Clinton frequently flew with Epstein aboard his plane, thensuddenly stopped - raising the suspicion that the friendship abruptly ,ended, perhaps because ofevents related to Epstein's sexual abuse of children. Epstein's personal phone directory from hiscomputer contains e-mail addresses for Clinton along with 21 phone numbers for him, includingthose for his assistant (Doug Band), his schedulers, and what appear to be Clinton's personalnumbers. This information certainly leads one to believe that Clinton might well be a source ofrelevant infoimation and efforts to obtain discovery from him were reasonably calculated to leadto admissible evidence. See Exhibits "B", "F" "AA", "DD", and "MM" and Edwards Affidavit,Exhibit "N" at ¶15.71. Bradley J. Edwards, Esq., provided notice that he intended to take the depositionof Donald Trump. Edwards possessed a legitimate basis for doing so: (a) The message padsconfiscated from Epstein's home indicated that Trump called Epstein's West Palm Beachmansion on several occasions during the time period most relevant to my Edwards's clients'complaints; (b) Trump was quoted in a Vanity Fair article about Epstein as saying "I've knownJeff for fifteen years. Terrific guy," "He's a lot of fun to be with. It is even said that he likesbeautiful women as much as I do, and many of them are on the younger side. No doubt about it --28Jeffrey enjoys his social life." Jeffrey Epstein: International Moneyman of Mystery; He's palswith a passel of Nobel Prize—winning scientists, CEOs like Leslie Wexner of the Limited,socialite Ghislaine Maxwell, even Donald Trump. But it wasn't until he flew Bill Clinton, KevinSpacey, and Chris Tucker to Africa on his private Boeing 727 that the world began to wonderwho he is. By Landon Thomas Jr. (See article attached hereto as Exhibit "NN") (c) Trumpallegedly banned Epstein from his Maralago Club in West Palm Beach because Epstein sexuallyassaulted an underage girl at the club; (d) Jane Doe No. 102's complaint alleged that Jane Doe102 was initially approached at Trump's Maralago by Ghislaine Maxwell and recruited to beMaxwell and Epstein's underage sex slave; (e) Mark Epstein (Jeffii ey Epstein's brother) testifiedthat Trump flew on Jeffrey Epstein's plane with him (the same plane that Jane Doe 102 allegedwas used to have sex with underage girls); (f) Trump had been to Epstein's home in Palm Beach;(g) Epstein's phone directory from his computer contains 14 phone numbers for Donald Trump,including emergency numbers, car numbers, and numbers to Trump's security guard andhouseman. Based on this information, Edwards reasonably believed that Trump might haverelevant information to provide in the cases against Jeffrey Epstein and accordingly providednotice of a possible. deposition. See deposition of Mark Epstein, September 21, 2009, at 48-50(Deposition Attachment #19); See Jane Doe 102 v. Epstein, Exhibit "B"; Exhibit "F";"Exhibit"J"; "N" and See Edwards Affidavit, Exhibit "N" at ¶13.72. Edwards provided notice that he intended to depose Alan Dershowitz. Edwardspossessed a legitimate basis for doing so: (a) Dershowitz is believed to have been friends withEpstein for many years; (b) in one news article Dershowitz comments that, "I'm on my 20thbook... The only person outside of my immediate family that I send drafts to is Jeffrey" The29Talented Mr. Epstein, By Vicky Ward on January, 2005 in Published Work, Vanity Fair (Seearticle attached as Exhibit "00"); (c) Epstein's housekeeper Alfredo Rodriguez testified thatDershowitz stayed at Epstein's house during the years when Epstein was assaulting minorfemales on a daily basis; (d) Rodriguez testified that Dershowitz was at Epstein's house at timeswhen underage females where there being molested by Epstein (see Alfredo Rodriguezdeposition at 278-280, 385, 426-427); (e) Dershowitz reportedly assisted in attempting topersuade the Palm Beach State Attorney's Office that because the underage females alleged tohave been victims of Epstein's abuse lacked credibility and could not be believed that they wereat Epstein's house, when Dershowitz himself was an eyewitness to their presence at the house;(f) Jane Doe No. 102 stated generally that Epstein forced her to be sexually exploited by not onlyEpstein but also Epstein's "adult male peers, including royalty, politicians, academicians,businessmen, and/or other professional and personal acquaintances" — categories that Dershowitzand acquaintances of Dershowitz fall into; (g) during the years 2002-2005 Alan Dershowitz wason Epstein's plane on several occasions according to the flight logs produced by Epstein's pilotand information (described above) suggested that sexual assaults may have taken place on theplane; (h) Epstein donated $30 Million one year to the university at which Dershowitz teaches.Based on this information, Edwards had a reasonable basis to believe that Dershowitz mighthave relevant information to provide in the cases against Jeffrey Epstein and accordinglyprovided notice of a possible deposition. See Dershowitz letters to the State Attorney's officeattached as Exhibit "PP"; Deposition of Alfredo Rodriguez at 278-280; Flight Logs Exhibit"MVP; Exhibits "B" and "00"; and Edwards Affidavit, Exhibit "N" at ¶14.3073. Epstein's complaint alleges that Edwards provided notice that he wished to takethe deposition of Tommy Mattola. That assertion is untrue. Mr. Mattola's deposition was set bythe law firm of Searcy Denny Scarola Barnhart and Shipley. See Edwards Affidavit, Exhibit "N"at T16.74. Edwards gave notice that he intended to take David Copperfield's deposition.Edwards possessed a legitimate basis for doing so. Epstein's housekeeper and one of the onlywitnesses who did not appear for deposition with an Epstein bought attorney, Alfredo Rodriguez,testified that David Copperfield was a guest at Epstein's house on several occasions. His namealso appears frequently in the message pads confiscated from Epstein's house. It has beenpublicly reported that Copperfield himself has had allegations of sexual misconduct made againsthim by women claiming he sexually abused them, and one of Epstein's sexual assault victimsalso alleged that Copperfield had touched her in an improper sexual way while she was atEpstein's house. Mr. Copperfield likely has relevant information and deposition was reasonablycalculated to lead to the discovery of admissible evidence. See Edwards Affidavit, Exhibit "N" at¶17.75. Epstein also takes issue with Edwards identifying Bill Richardson as a possiblewitness. Richardson was properly identified as a possible witness because Epstein's personalpilot testified to Richardson joining Epstein at Epstein's New Mexico Ranch. There wasinformation indicating that Epstein had young girls at his ranch which, given the circumstancesof the case, raised the reasonable inference he was sexually abusing these girls as he had abusedgirls in West Palm Beach and elsewhere. Richardson had also returned campaign donations thatwere given to him by Epstein, indicating that he believed that there was something about Epstein31with which he did not want to be associated. Richardson was not called to testify nor was he eversubpoenaed to testify. See Edwards Affidavit, Exhibit "N" at ¶18.76. Edwards learned of allegations that Epstein engaged in sexual abuse of minors onhis private aircraft. See Jane Doe 102 Complaint, Exhibit "B." Accordingly, Edwards pursueddiscovery to confirm these allegations.77. Discovery of the pilot and flight logs was proper in the cases brought by Edwardsagainst Epstein. Jane Doe filed a federal RICO claim against Epstein that was an active claimthrough much of the litigation. The RICO claim alleged that Epstein ran an expansive criminalenterprise that involved and depended upon his plane travel. Although Judge Marra dismissedthe RICO claim at some point in the federal litigation, the legal team representingEdwards' clients intended to pursue an appeal of that dismissal. Moreover, all of the subjectsmentioned in the RICO claim remained relevant to other aspects of Jane Doe's claims againstEpstein, including in particular her claim for punitive damages. See Edwards Affidavit, Exhibit"N" at ¶19.78. Discovery of the pilot and flight logs was also proper in the cases brought byEdwards against Epstein because of the need to obtain evidence of a federal nexus. Edwards'sclient Jane Doe was proceeding to trial on a federal claim under 18 U.S.C. § 2255. Section 2255is a federal statute which (unlike relevant state statutes) established a minimum level of recoveryfor victims of the violation of its provisions. Proceeding under the statute, however, required a"federal nexus" to the sexual assaults. Jane Doe had two grounds on which to argue that such anexus existed to her abuse by Epstein: first, his use of telephone to arrange for girls to be abused;and, second, his travel on planes in interstate commerce. During the course of the litigation,32Edwards anticipated that Epstein would argue that Jane Doe's proof of the federal nexus wasinadequate. These fears were realized when Epstein filed a summary judgment motion raisingthis argument. In response, the other attorneys and Edwards representing Jane Doe used theflight log evidence to respond to Epstein's summary judgment motion, explaining that the flightlogs demonstrated that Epstein had traveled in interstate commerce for the purpose of facilitatinghis sexual assaults.. Because Epstein chose to settle the case before trial, Judge Marra did notrule on the summary judgment motion.79. Edwards had further reason to believe and did in fact believe that the pilot andflight logs might contain relevant evidence for the cases against Epstein. Jane Doe No. 102'scomplaint outlined Epstein's daily sexual exploitation and abuse of underage minors as young as12 years old and alleged that Epstein's plane was used to transport underage females to besexually abused by him and his friends. The flight logs accordingly were a potential source ofinfoimation about either additional girls who were victims of Epstein's abuse or fiiends ofEpstein who may have witnessed or even participated in the abuse.Based on thisinformation, Edwards reasonably pursued the flight logs in discovery.80. In the fall of 2009, Epstein gave a recorded interview to George Rush, a reporterwith the New York Daily News about pending legal proceedings. In that interview, Epsteindemonstrated an utter lack of remorse for his crimes (but indirectly admitted his crimes) bystating:• People do not like it when people make good and that was one reason he (Epstein)was being targeted by civil suits filed by young girls in Florida;• He (Epstein) had done nothing wrong;33• He (Epstein) had gone to jail in Florida for soliciting prostitution for no reason;• If the same thing (i.e., sexual abuse of minor girls) had happened in New York, he(Epstein) would have received only a $200 fine;• Bradley J. Edwards was the one causing all of Epstein's problems (i.e., the civilsuits brought by Jane Doe and other girls);• L.M. came to him as a prostitute and a drug user (i.e., came to Epstein for sex,rather than Epstein pursuing her);• All the girls suing him are only trying to get a meal ticket;• The only thing he might have done wrong was to maybe cross the line a little tooclosely;• He (Epstein) was very upset that Edwards had subpoenaed Ghisline Maxwell, thatshe was a good person that did nothing wrong (i.e., had done nothing wrong eventhough she helped procure young girls to satisfy Epstein's sexual desires);• With regard to Jane Doe 102 v. Epstein, which involved an allegation that Epsteinhad repeatedly sexually abused a 15-year-old girl, forced her to have sex with hisfriends, and flew her on his private plane nationally and internationally for thepurposes of sexually molesting and abusing her, he (Epstein) flippantly said thatthe case was dismissed, indicating that the allegations were ridiculous and untrue.See Affidavit of Michael J. Fisten attached hereto as Exhibit "QQ."81. The Rush interview also demonstrated perjury (a federal crime) on the part ofEpstein. Epstein lied about not knowing George Rush. See Epstein Deposition, February 17,2010, taken in L.M. v. Jeffrey Epstein, case 50-2008-CA-028051, page 154, line 4 through 155line 9, (Deposition .attachment #7), wherein Jeffrey Epstein clearly impresses that he does notrecognize George Rush from the New York Daily News. This impression was given despite thefact that he gave a lengthy personal interview about details of the case that was tape recordedwith George Rush.34Epstein's Harassment of Witnesses Against Hinz82. At all relevant times Edwards has a good faith basis to believe and did in factbelieve that Epstein engaged in threatening witnesses. See Incident Report, Exhibit "A" at p. 82,U.S. Attorney's Correspondence, Exhibit "C" - Indictments drafted by Federal Governmentagainst Epstein; and Edwards Affidavit, Exhibit "N" at ¶11.83. Despite three no contact orders entered against Epstein (see Exhibit C, supra),Edwards learned that Epstein continued to harass his victims. For example, Jane Doe had a trialset for her civil case against him on July 19, 2010. As that trial date approached, defendantEpstein intimidated her in violation of the judicial no-contact orders. On July 1, 2010, he had a"private investigate" tail Jane Doe -- following her every move, stopping when she stopped,driving when she drove, refusing to pass when she pulled over. When Jane Doe ultimately droveto her home, the "private investigate' then parked in his car approximately 25 feet from JaneDoe house and flashed his high beam lights intermittently into the home.Even morethreateningly, at about 10:30 p.m., when Jane Doe fled her home in the company of a retiredpolice officer employed by Jane Doe's counsel, the "private investigate' attempted to followJane Doe despite a request not to do so. The retired officer successfully took evasive action andplaced Jane Doe in a secure, undisclosed location that night. Other harassing actions againstJane Doe also followed. See Motion for Contempt filed by Edwards in Jane Doe v. Epsteindetailing the event, including Fisten Affidavit attached to Motion, Composite Exhibit "RR."Epstein Settlement of Civil Claims Against Him for Sexual Abuse of Children84. The civil cases Edwards filed against Epstein on behalf of L.M., E.W., and JaneDoe were reasonably perceived by Edwards to be very strong cases. Because Epstein had35sexually assaulted these girls, he had committed several serious torts against them and would beliable to them for appropriate damages.See Preceding Undisputed Facts. Because of theoutrageousness of Epstein's sexual abuse of minor girls, Edwards reasonably expected thatEpstein would also be liable for punitive damages to the girls. Because Edwards could show thatEpstein had molested children for years and designed a complex premeditated scheme to procuredifferent minors everyday to satisfy his addiction to sex with minors, the punitive damageswould have to be sufficient to deter him from this illegal conduct that he had engaged in daily foryears. Epstein was and is a billionaire. See Complaint, ¶49 (referring to "Palm BeachBillionaire'); see also Epstein Deposition, February 17, 2010, at 172-176 (DepositionAttachment #7) (taking the Fifth when asked whether he is a billionaire). Accordingly, Edwardsreasonably believed the punitive damages that would have to be awarded against Epstein wouldhave been substantial enough to punish him severely enough for his past conduct as well as deterhim from repeating his offenses in the future. See Edwards Affidavit, Exhibit "I\T” at ¶19.85. On July 6, 2010, rather than face trial for the civil suits that had been filed againsthim by L.M., E.W., and Jane Doe, defendant Epstein settled the cases against him. The kilns ofthe settlement are confidential. The settlement amounts are highly probative in the instant actionas Epstein bases his claims that Edwards was involved in the Ponzi scheme on Epstein's inabilityto settle the L.M., E.W., and Jane Doe cases for "minimal value". His continued inability tosettle the claims for "minimal value' after the Ponzi scheme was uncovered would be highlyprobative in discrediting any causal relationship between the Ponzi scheme and Edwards'ssettlement negotiations. See Edwards Affidavit, Exhibit 'IT' at ¶21.Edwards Non-Involvement in Fraud by Scott Rothstein3686. From in or about 2005, through in or about November 2009, Scott Rothsteinappears to have run a giant Ponzi scheme at his law funi of Rothstein, Rosenfeldt and Adler P.A.("RRA"). This Ponzi scheme involved Rothstein falsely informing investors that settlementagreements had been reached with putative defendants based upon claims of sexual harassmentand/or whistle-blower actions.Rothstein falsely infoinied the investors that the potentialsettlement agreements were available for purchase. Plea Agreement at 2, United States v. ScottW. Rothstein, No. 9-60331-CR-COHN (S.D. Fla. Jan. 27, 2010) attached hereto as Exhibit "SS."87. It has been alleged that among other cases that Rothstein used to lure investorsinto his Ponzi scheme were the cases against Epstein that were being handled by Bradley J.Edwards, Esq. Edwards had no knowledge of the fraud or any such use of the Epstein cases. SeeEdwards Affidavit, Exhibit "N" at ¶9.88. Bradley J. Edwards, Esq., joined RRA in about April 2009 and left RRA inNovember 2009 — a period of less than one year. Edwards would not have joined RRA had hebeen aware that Scott Rothstein was running a giant Ponzi scheme at the firm. Edwards leftRRA shortly after learning of Rothstein's fraudulent scheme. Id. at ¶8.89. At no time prior to the public disclosure of Rothstein's Ponzi scheme did Edwardsknow or have reason to believe that Rothstein was using legitimate claims that Edwards wasprosecuting against Epstein for any fraudulent or otherwise illegitimate purpose. Id. at ¶20.90. Edwards never substantively discussed the merits of any of his three cases againstEpstein with Rothstein. See Deposition of Bradley J. Edwards taken March 23, 2010, at 110-16.(hereinafter "Edwards Depo") (Deposition Attachment #22).3791. On July 20, 2010, Bradley Edwards received a letter from the U.S. Attorney'sOffice for the Southern District of Florida — the office responsible for prosecuting Rothstein'sPonzi scheme. The letter indicated that law enforcement agencies had deteamined that Edwardswas "a victim (or potential victim)" of Scott Rothstein's federal crimes. The letter infolinedEdwards of his rights as a victim of Rothstein's fraud and promised to keep Edwards informedabout subsequent developments in Rothstein's prosecution. See Letter attached hereto as Exhibit"TT."92. Jeffrey Epstein filed a complaint with the Florida Bar against Bradley Edwards,Esq., raising allegations that Edwards and others were involved in the wrongdoing of ScottRothstein. After investigating the claim, the Florida Bar dismissed this complaint. See EdwardsAffidavit, Exhibit "N" at ¶23.Epstein Takes the Fifth When Asked Substantive Questions About His Claims Against Edwards93. On March 17, 2010, defendant Epstein was deposed about his lawsuit againstEdwards.Rather than answer substantive questions about his lawsuit, Epstein repeatedlyinvoked his Fifth Amendment privilege.See Epstein Depo. taken 3/17/10, DepositionAttachment #1.94. In his deposition, Epstein took the Fifth rather than answer the question:"Specifically what are the allegations against you which you contend Mr. Edwards ginned up?"Id. at 34.95. In his deposition, Epstein took the Fifth rather than name people in California thatEdwards had tried to depose to increase the settlement value of the civil suit he was handling. Id.at 37.3896. In his deposition, Epstein took the Fifth rather than answer the question: "Do youknow former President Clinton personally." Id.97. In his deposition, Epstein took the Fifth rather than answer the question: "Are younow telling us that there were claims against you that were fabricated by Mr. Edwards?" Id. at39..98. In his deposition, Epstein took the Fifth rather than answer the question, "Well,which of Mr. Edwards' cases do you contend were fabricated." Id.99. In his deposition, Epstein took the Fifth rather than answer the question: "What isthe actual value that you contend the claim of E.W. against you has?" Id. at 45.100. In his deposition, Epstein took the Fifth rather than answer a question about theactual value of the claim of L.M. and Jane Doe against him. Id.101. In his deposition, taken prior to the settlement of Edwards's clients claims againstEpstein, Epstein took the Fifth rather than answer the question: "Is there any pending claimagainst you which you contend is fabricated?" Id. at 71.102. In his deposition, Epstein took the Fifth rather than answer the question: "Did youever have damaging evidence in your garbage?" Id. at 74.103. In his deposition, Epstein took the Fifth rather than answer the question: "Didsexual assaults ever take place on a private airplane on which you were a passenger?" Id. at 88.104. In his deposition, Epstein took the Fifth rather than answer the question: "Does aflight log kept for a private jet used by you contain the names of celebrities, dignitaries orinternational figures?" Id. at 89.39105. In his deposition, Epstein took the Fifth rather than answer the question: "Haveyou ever socialized.with Donald Trump in the presence of females under the age of 18?" Id. at89.106. In his deposition, Epstein took the Fifth rather than answer the question: "Haveyou ever socialized with Alan Dershowitz in the presence of females under the age of 18." Id. at90.107. In his deposition, Epstein took the Fifth rather than answer the question: "Haveyou ever socialized with Mr. Mottola in the presence of females under the age of 18T Id. at 91-92.108. In his deposition, Epstein took the Fifth rather than answer the question: "Did youever socialize with David Copperfield in the presence of females under the age of 18?" Id. at109. In his deposition, Epstein took the Fifth rather than answer the question: "Haveyou ever socialized with Mr. Richardson [Governor of New Mexico and formerly U.S.Representative and 'Ambassador to the United Nations] in the presence of females under the ageof 18." Id. at 94.110. In his deposition, Epstein took the Fifth rather than answer the question: "Haveyou ever sexually abused children?" Id. at 95.111. In hiS deposition, Epstein took the Fifth rather than answer the question: "Did youhave staff members that assisted you in scheduling appointments with underage females; that is,females under the age of 18." Id. at 97-98.112. In his deposition, Epstein took the Fifth rather than answer the question: "On howmany occasions did you solicit prostitution." Id. at 102.40113. In his deposition, Epstein took the Fifth rather than answer the question: "Howmany minors have you procured for prostitution?" Id. at 104.114. In his deposition, Epstein took the Fifth rather than answer the question: "Haveyou ever coerced, induced or enticed any minor to engage in any sexual act with you?" Id. at107.115. In his deposition, Epstein took the Fifth rather than answer the question: "Howmany times have you engaged in fondling underage females?" Id. at 108.116. In his deposition, Epstein took the Fifth rather than answer the question: "Howmany times have you engaged in oral sex with females under the age of 18?" Id. at 110.117. In his deposition, Epstein took the Fifth rather than answer the question: "Do youhave a personal sexual preference for children?" Id. at 111-12.118. In his deposition, Epstein took the Fifth rather than answer the question: "YourComplaint at page 27, paragraph 49, says that `RRA and the litigation team took an emotionallydriven set of facts involving alleged innocent, unsuspecting, underage females and a Palm Beachbillionaire, and sought to turn it into a goldmine,' end of quote. Who is the Palm Beachbillionaire referred to in that sentence?" Id. at 112-13.119. In his deposition, Epstein took the Fifth rather than answer the question: "Who arethe people who are authorized to make payment [to your lawyers] on your behalf?" Id. at 120.120. In his deposition, Epstein took the Fifth rather than answer the question: "Is thereanything in L.M.'s Complaint that was filed against you in September of 2008 which youcontend to be false?" Id. at 128.41CERTIFICATE OF SERVICEI HEREBY CERTIFY that on November, 2010 a copy of the foregoing has beenserved via Fax and U.S. Mail to all those on the attached service list.Jack ScarolaSearcy, Denney, Scarola, Barnhart & Shipley2139 Palm Beach Lakes BlvdWest Palm Beach, FL 33409(561) 686- $0(561 (fax)By:JAC AROLAFlo ar No.: 16944042SERVICE LISTChristopher E. Knight, Esq.Joseph L. Ackerman, Esq.FOWLER WHITE BURNETT P.A.901 Phillips Point West777 South Flagler DriveWest Palm Beach, FL 33401Jack Alan Goldberger, Esq.Atterbury Goldberger et al.250 Australian Avenue SouthSuite 1400West Palm Beach, FL 33401Marc S. Nurik, Esq.Law Offices of Marc S. NurikOne E. Broward Blvd., Suite 700Fort Lauderdale, FL 33301Gary M. Farmer, Jr.Farmer, Jaffe, Weissing,Edwards, Fistos & Lehrman, P.L.425 N. Andrews Ave., Suite 2Fort Lauderdale, FL 3330143DEFENDANT BRADLEY J. EDWARDS'S STATEMENT OF UNDISPUTED FACTSEpstein v. Edwards, et al.Case No.: 50 2009 CA 040800200UMBAGHIIAFFIDAVIT OF RADLEY JAMES EDWARDS1. I am an attorney in good standing with the Florida Bar and admitted to practice in theSouthern District of Florida. I am currently a partner in the law firm of Farmer, Jaffe,Weissing, Edwards, Fistos & Lehrman, P.L.2. In 2008, I was a sole practitioner running a perso injury law l„ in Hollywood, FL.While a sole practitioner I was retained by three clients, L.M., E.W., and Jane Doe topursue civil litigation against Je ey Epstein for sexually abusing them while ey wereinor girls. I agreed to represent these girls, along wi y. attorney Jay Howell (anattorney in Jacksonville, Florida with Jay Howell & Associates) and Professor PaulCassell (a law professor at the University of Utah College Of Law). I filed s e courtactions on behalf of L.M. and E.W. and a federal court action on behalf of Jane Doe.All of the cases were filed in the summer of 2008.3. My clients received correspondence from the U.S. Department of Justice regardingtheir rights as victims of Epstein's federal sex offenses. (True and accurate copies ofthe letters are attached to Statement of Undisputed Facts as Exhibit "M")4. mid June 2008, I contacted Assistant United States Attorney Marie Villafafia toinform her I represented Jane Doe #1(E.W.) and, later, Jane Doe #2(L.M.). I askedto meet to provide information regarding Epstein. AUSA Villafafia did not advise methat a plea agreement had already been negotiated with Epstein's attorneys that wouldblock federal prosecution. AUSA Villafafia 'd indicate that federal inve 'gators hconcrete evidence and information that Epstein had sexually molested at least 40underage rainor females, including EN., Jule Doe and L.M.5. I also requested from the U.S. Attorney's Office the information and evidence that theyhad collected regarding Epstein's sexual abuse of his clients. However, the U.S.Attorney's Office declined to provide any such information to me. The U.S. Attorney'sOffice also declined to provide any such information to the other attorneys whorepresented victims of Epstein's sexusl assaults.6. I was informed that on Friday, June 27, 2008, at approximately 4:15 p.m., AUSAVillafafia received a copy of Epstein's proposed state plea agreement and learned that theplea was scheduled for 8:30 a.m., Monday, June 30, 2008. She called me to providenotice to my clients regarding the hearing. She did not tell me that the guilty pleas instate court would bring an end to the possibility of federal prosecution pursuant to theplea agreement. My clients did not learn and understand this fact until July 11, 2008,when the agreement was described during a hearing held before Judge Marra on theCrime Victims' Rights Act action that I had filed.7. In the summer of 2008 I filed complaints against Jeffwy Epstein on behalf of L.M.,E.W., and Jane Doe.8. In the Spring of 2009 (approximately April), I joined the law farm of Rothstein,Rosenfeldt and Adler, P.A. ("RRA"). I brought my existing clients with me when Ijoined RRA, including L.M., E.W., and Jane Doe. When I joined the firm, I was notaware that Scott Rothstein was running a Ponzi scheme at RRA. Had I known such aPonzi scheme was in place, I would never have joined RRA.9. I am now aware that it has been alleged that Scott othstein made fraudulentpresentations to investors about the lawsuits that I had filed on be of my clientsagainst Epstein and that it has been alleged that these lawsuits were used to fraudulentlylure investors into Rothstein's Ponzi scheme. I never met a single investor, h: no partin any such presentations and had no knowledge any such fraud was occurring. If theseallegations are true, I had no knowledge any such fraudulent presentations wereoccurring and no kn wledge of any such improper use of the case files.10. Epstein's Complaint against me alleges that Rothstein made false statements aboutcases filed against Epstein, i.e., that RRA 50 anonymous females who had filed suitagainst Epstein; that Rothstein sold an interest in personal injury lawsuits, reachedagreements to share attorneys fees with non-lawyers, paid clients ``tip front" money; andthat he used the judici process to further his Ponzi scheme. If Rothstein did any ofthese things, I h no knowledge of his actions. Because I maintained close contactwith my clients, EW, LM and Jane Doe, and Scott Rothstein never met any of them, Iknow for certain that none of my clients were paid ''up front" money by anyone.11. Epstein alleges that I attempted to take the depositions of his "high profile friends andaccpnkintances" for no legitimate litigation purpose. This is untrue, as all of my actionsin representing L.M., E.W., and Jane Doe were aimed at providing them effectiverepresentation in their civil suits. With regard to Epstein's friends, through documentsand information obtained in discovery and other means of investigation, I learned thatEpstein was sexually itolesting 'nor girls on a daily basis and h been for manyyears. I also learned the unsurprising fact that he was molesting the girls in the privacyof his mansion in West Palm Beach, meaning that locating witnesses to corroboratetheir testimony would be difficult to find. I also learned, from the course of thelitigation, that Epstein and his lawyers were constantly attacking the credibility of thegirls, that Epstein's employees were all represented by lawyers who apparently werepaid for (directly or indirectly) by Epstein, that co-conspirators whose represen :.tionwas also apparently paid for by Epstein were all taking the Fifth (like Epstein) ratherthan provide information in discovery. For example, I was given reason to believe thatSarah Kellen, Larry Visoski, Larry Harrison, David Rogers, Louella Rabuyo, NadiaMarcinkova, Ghislaine Maxwell, Mark Epstein, and Janusz Banasiak all had lawyerspaid for by Epstein. Because Epstein and the co-conspirators in his child molestationcriminal enterprise blocked normal discovery avenues, I needed to search for otherordinary approaches to strengthen the cases of my clients. Consistent with my trainingand experience, these other ordinary approaches included finding other witnesses whocould corroborate allegations of sexual abuse of my clients or other girls. Some of thesewitnesses were friends of Epstein. Given his social status, it also turned out that someof his friends were high-profile. individuals.12. In light of information I received suggesting that British socialite Ghislaine Maxwell,former girlfriend and long-time friend of Epstein's, was involved in managing Epstein'saffairs and companies I had her served for deposition for August 17, 2009. (DepositionNotice attached to Statement of Undisputed Facts as Exhibit B). Maxwell wasrepresented by Brett Jaffe of the New York firm of Cohen and Gresser, and Iunderstood that her attorney was paid for (directly or indirectly) by Epstein. She wasreluctant to give her deposition, and I tried to work with her attorney to take herdeposition on terms that would be acceptable to both sides. er attorney and Inegotiated a confidentiality agreement, under which Maxwell agreed to drop anyobjections to the deposition. Maxwell, however, still avoided the deposition. On June29, 2010, one y before I was to fly to NY to take Maxwell's deposition, her attorneyinformed me that Maxwell's mother was deathly ill and Maxwell was consequentlyflying to England with no inteh tion of returning and certainly would not return to theUnited S tes before the conclusion of Jane Doe's trial period (August 6, 2010).Despite that assertion, I later learned that Ghislaine Maxwell was in fact in the countryon approximately July 31, 2010, as she attended s e wedding of Chelsea Clinton(former President Clinton's daughter) and was captured in a photograph taken for USWeekly 'magazine.13. Epstein alleges that there was something improper in the fact that I notified him that Iintended to take Donald Trump's deposition in the civil suits against him. Trump wasproperly noticed because: (a) after review of the message pads confiscated fromEpstein's home, the legal and investigative team assisting my clients learned that Trumpcalled Epstein's West Palm Beach mansion on several occasions during the time periodmost relevant to my clients' complaints; (b) Trump was quoted in a Vanity Fair articleabout Epstein as saying "I've known Jeff for fifteen years. Terrific guy." "He's a lotof fu a to be with. It is eve said that he likes beau I wo en as much as I do, anda y of then are on the you ger side. No doubt about it — Jeffrey enjoys his sociallife." Jeffrey Epstein: International Moneyman of Mystery; He's pals with a passel ofNobel Prize—wi ning scientists, CEOs like Leslie Wexner of the Limited, socialiteGhislaine Maxwell, even Donald Trump. But it wasn't until he flew Clinton,Kevin Spacey, awed Chris Tucker to Africa on his private Boeing 727 that the worldbegan to wonder who he is. By Lando Thomas Jr.; (c) I learned through a sourcethat Trump banned Epstein from his Maralago Club in West Pahn Beach becauseEpstein sexually assaulted an underage girl at the club; (d) Jane Doe No. 102'scomplaint alleged that Jane Doe 102 was initially approached at Trump's Maralago byGhislaine Maxwell and recruited to be Maxwell and Epstein's underage sex slave; (e)Mark Epstein (Jefftzy Epstein's brother) testified that Trump flew on Jeffrey Epstein'splane with him (the same plane that Jane Doe 102 alleged was used to have sex withunderage girls) deposition of Mark Epstein, September 21, 2009 at 48-50; (f) Trumpvisited Epstein at his home in Palm Beach — the same home where Epstein abusedminor girls daily; (g) Epstein's phone directory from his computer contains 14 phonenumbers for Donald Trump, including emergency numbers, car numbers, and numbersto Trump's security guard and houseman. Based on this information, I believed thatTrump might have relevant information to provide in the cases against Jeffrey Epsteinand accordingly provided notice of a possible deposition.14. Epstein alleges that there was something improper in the fact that I notified him that Iintended to take Alan Dershowi's deposition in the civil suits against him. IDershowitzwas properly noticed because: (a) Dershowitz has been friends with Epstein for manyyears; (b) in one news article Dershowitz comments t, "I'm on my 20th book... Theonly person outside of my immediate family that I send drafts to is Jeffrey" TheTalented Mr. Epstein, By Vicky Ward on J uary, 2005 in Published Work, VanityFair; (c) Epstein's housekeeper Alfredo Rodriguez testified that Dershowitz stayed atEpstein's house during the years most relev t to my clients; (d) Rodriguez testifiedthat Dershowitz was at Epstein's house at times when underage females where therebeing molested by Epstein (see Alfredo Rodriguez deposition at 278-280, 385, 426427); (e) Dershowitz was reportedly involved in persuading the Palm Beach StateAttorney's office ot to file felony criminal charges against Epstein becauseunderage females lacked credibility and thus could not be believed that they were atEpstein's house, despite him being an eyewitness that the underage girls were actuallythere; (f) Jane Doe No. 102 stated generally that Epstein forced her to be sexuallyexploited by not only Epstein but also Epstein's "adult male peers, includhag royalty,politicians, academicians, businessmen, and/or other professional and personalacquaintances" — categories that Dershowitz and acquaintances of Dershowitz fall into;(g) during the years 2002-2005 Alan Dershowitz was on Epstein's plane on severaloccasions according to the flight logs produced by Epstein's pilot and information(described above) suggested that sexual assaults may have taken place on the plane; (h)Epstein donated Harvard $30 Million dollars one year, and Harvard was one of the onlyinstitutions that did not return Epstein's donation after he was charged with sex offensesagainst children. Based on this information, I believed that Dershowitz might haverelevant information to provide in e cases against Jeffrey Epstein and accordinglyprovided notice of a possible deposition.15. Epstein alleges that there was something improper in the fact that I notified him that Iintended to take Bill Clinton's deposition. Clinton was properly noticed because: (a) itwas well known that Clinton was friends with Ghislaine Maxwell, and several witnesseshad provided information that Maxwell helped to run Epstein's companies, kept imagesof naked underage children on her computer, helped to recruit underage children forEpstein, engaged in lesbian sex with underage females that she procured for Epstein,and photographed underage females in sexually explicit poses and kept childpornography on her computer; (b) newpaper articles stated that Clinton had an affairwith Ghislaine Maxwell, who was thought to be second in charge of Epstein's childmolestation ring. The Cleveland Leader newspaper, April 10, 2009; (c) it was nationalnews when Clinton traveled with Epstein (and Maxwell) aboard Epstein's private planeto Africa and the news articles classified Clinton as Epstein's friend; (d) the flight logsfor the relevant years 2002 - 2005 showed Clinton traveling on Epstein's plane on morethan 10 occasions and his assistant, Doug Band, traveled on many more occasions; (e)Jane Doe No. 102 stated generally that she was required by Epstein to be sexuallyexploited by not only Epstein but also Epstein's "adult male peers, including royalty,politicians, academicians, businessmen, and/or other professional and personalacquaintances" — categories Clinton and acquaintances of Clinton fall into; (f) flightlogs showed that Clinton took many flights with Epstein, Ghislaine Maxwell, SarahKellen, and Adriana Mucinska, -- all employees and/or co-conspirators of Epstein's thatwere closely .connected to Epstein's child exploitation and sexual abuse; (g) Clintonfrequently flew with Epstein aboard his plane, then suddenly stopped — raising thesuspicion that the friendship abruptly ended, perhaps because of events related toEpstein's sexual abuse of children; (h) Epstein's personal phone directory from hiscomputer contains e-mail addresses for Clinton along with 21 phone numbers for him,including those for his assistant (Doug Band), his schedulers, and what appear to beClinton's personal numbers. Based on this information, 1 believed that Clinton mighthave relevant information to provide in the cases against Jeffrey Epstein andaccordingly provided notice of a possible deposition.16. Epstein alleges that Tommy Mottola was improperly noticed with a deposition. 1 didnot notice Mattola for deposition. He was noticed for deposition by a law firmrepresenting another one of Epstein's victims — not by me.17. Epstein alleges that ere was something improper in the fact that 1 notified himintended to take the illusionist David Copperfield's deposition. Copperfield wasproperly noticed because: (a) Epstein's housekeeper Alfredo Rodriguez testified thatDavid Copperfield was a guest on several occasions Epstein's house; (b) according tothe message pads confiscated from Epstein's house, Copperfield called Epstein quitefrequently and left messages that indicated they socialized together; (c) Copperfieldhimself has had similar allegations made against him by women claiming he sexuallyabused them; (d) one of Epstein's sexual assault victims also alleged that Copperfieldhad touched her in an improper sexual way while she was at Epstein's house. eased onthis information, believed that Copperfield might have relevant information to providein the cases against Jeffrey Epstein and accordingly provided notice of a possibledeposition.18. Epstein alleges that there was something improper in the fact that 1 identified BillRichardson as a possible witness against him in the civil cases. Richardson wasproperly identified as a possible witness because Epstein's personal pilot testified toRichardson joining Epstein at Epstein's New Mexico Ranch. See deposition of LarryMorrison, October 6, 2009, at 167-169. There was information indicating that Epsteinhad young girls at his ranch which, given the circumstances of the case, raised thereasonable inference he was sexually abusing these girls since he had regularly andfrequently abused girls in West Palm Beach and elsewhere. Richardson had alsoreturned campaign donations that were given to him by Epstein, in 'eating that hebelieved that there was something about Epstein that he did not want to be associatedwith. Richardson was not called to testify nor was he ever subpoenaed to testify.19. Epstein alleges that discovery of plane and pilot logs was improper during discovery inthe civil cases against him. Discovery of these subjects was clearly proper andnecessary because: (a) Jane Doe filed a federal RICO claim against Epstein that was anactive claim through much of the litigation. The RICO claim alleged that Epstein ran anexpansive criminal enterprise that involved and depended upon his plane travel.Although Judge Marra dismissed the RICO claim at some point in the federal litigation,the legal team representing my clients intended to pursue an appeal of that dismissal.Moreover, all of the subjects mentioned in the RICO claim remained relevant to otheraspects of Jane Doe's claims against Epstein, including in particular her claim forpunitive damages; (b) Jane Doe also filed and was proceeding to trial on a federal claimunder 18 U.S.C. § 2255. Section 2255 is a federal statute which (unlike other statestatutes) guaranteed a minimum level of recovery for Jane Doe. Proceeding under thestatute, however, required a "federal nexus" to the sexual assaults. Jane Doe had twogrounds on which to argue that such a nexus existed to her abuse by Epstein: first, hisuse of the telephone to arrange for girls to be abused; and, seco d, his vel on planesin interstate commerce. During the course of the litigation, I anticipated that Epsteinwould argue that Jane Doe's proof of the federal nexus was inadequate. These fearswere realized when Epstein filed a summary judgment motion raising this argument. Inresponse, the other attorneys and I representing Jane Doe used the flight log evidenceto res nd to Epstein's summary judgment motion, explaining that the flight logsdemonstrated that Epstein had traveled in interstate commerce for the purpose offacilitating his sexual assaults. Because Epstein chose to settle the case before trial,Judge Marra did not rule on the summary judgment motion. (c) Jane Doe No. 102'scomplaint outlined Epstein's daily sexual exploitation and abuse of underage minors asyoung as 12 years old and alleged that he used his plane to transport underage femalesto be sexually abused by him and his friends. The flight logs accordingly rnight haveinformation about either additional girls who were victims of Epstein's abuse or 'endsof Epstein who may have witnessed or even participated in the abuse. Based on thisinformation, I believed that the flight logs and related information was relevantinformatio to prove e cases against Jeffrey Epstein and accordingly I pursued themin discovery.20. In approximately November 2009, the existence of Scott Rothstein's Ponzi schemebecame public knowledge. It was at that time that I, o,i, g with many other reputableattorneys at RRA, first became aware of Rothstein criminal scheme. At that time, I leftRRA with several other RRA attorneys to form the law firm of Farmer Jaffe WeissingEdwards Fistos and Lehrman ("Farmer Jaffe"). I was thus with RRA for less than oneyear.21. In July 2010, along with other attorneys at Farmer Jaffe and Professor Cassell, I reachedfavorable settlement terms for my three clients L.M., E.W., and Jane Doe in theirlawsuits against Epstein.22. On July 20, 2010, I received a letter from the U.S. Attorney's Office for the SouthernDistrict of Florida — the office responsible for prosecuting Rothstein's Ponzi scheme.The letter indicated that law enforcement agencies had determined that I was "a victim(or potential victim)" of Scott Rothstein's federal crimes. The letter informed me of myrights as a victim of Rothstein's federal crimes and promised to keep me informed about/01subsequent developments in his prosecution. A copy of this letter is attached to thisAffidavit. (A copy of the letter is attached to Statement of Undisputed Facts as ExhibitUU)23. Jeffrey Epstein also filed a complaint with the Florida Bar against me. His complaintalleged that I had been involved in Rothstein's scheme and had thereby violated variousrules of professional responsibility. The Florida Bar investigated and dismissed thecomplaint.24. I have reviewed the Statement of Undisputed Facts filed contem raneously with thisAffidavit. Each of the assertions concerning what I learned, what I did, and the goodfaith beliefs formed by me in the course of my prosecutions of claims against JeffrtyEpstein as contained in the Statement of Undisputed Facts is true, and the foundationsset out as support for my beliefs are true and correct to e best of my knowledge.25. All actions taken by me in the course of my prosecution of claims against JeffreyEpstein were based upon a good faith belief that they were reasonable, necessary, andethically proper to fulfill my obligation to zealously represent the interests of myclie ts.I declare under penalty of perjury that the foregoing is true and correct.Dated:.242010IN THE CIRCUIT COURT OF THE 15THJUDICIAL CIRCUIT IN AND FOR PALMBEACH COUNTY, FLORIDACase No.: 50 2009CA 040800)0OCKMBAGJEFFREY EPSTEIN,Plaintiff,vs.SCOTT ROTHSTEIN, individually, andBRADLEY J. EDWARDS, individually,Defendants,DEFENDANT BRADLEY J. EDWARDS'SRENEWED MOTION FOR FINAL SUMMARY JUDGMENTDefendant, Bradley J. Edwards, Esq., by and through his undersigned counsel andpursuant to Rule 1.510, Florida Rules of Civil Procedure, hereby moves for Final SummaryJudgment and in support thereof states as follows:I. INTRODUCTIONThe pleadings and discovery taken to date show that there is no genuine issue as to anymaterial facts and that Bradley J. Edwards, Esq. is entitled to summary judgment for all claimsbrought against him in Plaintiff Jeffrey Epstein's Second Amended Complaint. Not only is therean absence of competent evidence to demonstrate that Edwards participated in any fraud againstEpstein, the evidence uncontrovertibly demonstrates the propriety of every aspect of Edwards'involvement in the prosecution of legitimate claims against Epstein. Epstein sexually abusedthree clients of Edwards — L.M., E.W., and Jane Doe — and Edwards properly and successfullyrepresented them in a civil action against Epstein. Nothing in Edwards's capable and competentrepresentation of his clients can serve as the basis for a civil lawsuit against him. Allegationsabout Edwards's participation in or knowledge of the use of the civil actions against Epstein in a"Ponzi Scheme" are not supported by any competent evidence and could never be supported bycompetent evidence as they are entirely false.A. Epstein's ComplaintEpstein's Second Amended Complaint essentially alleges that Epstein was damaged byEdwards, acting in concert with Scott Rothstein (President of the Rothstein Rosenfeldt Adler lawfiiiii ("RRA") where Edwards worked for a short period of time). Epstein appears to allege thatEdwards joined Rothstein in the abusive prosecution of sexual assault cases against Epstein to"pump" the cases to Ponzi scheme investors. As described by Epstein, investor victims weretold by Rothstein that three minor girls who were sexually assaulted by Epstein: L.M., E.W., andJane Doe were to be paid up-front money to prevent those girls from settling their civil casesagainst Epstein. In Epstein's view, these child sexual assault cases had "minimal value"(Complaint & 42(h)), and Edwards's refusal to force his clients to accept modest settlementoffers is claimed to breach some duty that Edwards owed to Epstein. Interestingly, Epstein neverstates that he actually made any settlement offers.The supposed "proof' of the Complaint's allegations against Edwards includesEdwards's alleged contacts with the media, his attempts to obtain discovery from high-profilepersons with whom Epstein socialized, and use of "ridiculously inflammatory" language inarguments in court. Remarkably, Epstein has filed such allegations against Edwards despite thefact that Epstein had sexually abused each of Edwards's clients and others while they were2minors. Indeed, in discovery Epstein has asserted his Fifth Amendment privilege rather thananswer questions about the extent of the sexual abuse of his many victims. Even moreremarkably, since filing his suit against Edwards, Epstein has now settled the three casesEdwards handled for an amount that Epstein insisted be kept confidential. Without violating thestrict confidentiality terms required by Epstein, the cases did not settle for the "minimal value"that Epstein suggested in his Complaint. Because Epstein relies upon the alleged discrepancybetween the "minimal value Epstein ascribed to the claims and the substantial value Edwardssought to recover for his clients, the settlement amounts Epstein voluntarily agreed to pay whilethese claims against Edwards were pending will be disclosed to the court in-camera.B. Summary of the ArgumentBradley J. Edwards, Esq., is entitled to summary judgment on Epstein's frivolous claimfor at least three separate reasons.First, because Epstein has elected to hide behind the shield of his right against selfincrimination to preclude his disclosing any relevant information about the criminal activity atthe center of his claims, he is barred from prosecuting this case against Edwards. Under thewell-established "sword and shield" doctrine, Epstein cannot seek damages from Edwards whileat the same time asserting a Fifth Amendment privilege to block relevant discovery. His casemust therefore be dismissed.Second, all of Edwards' conduct in the prosecution of valid claims against Epstein isprotected by the litigation privilege.Third, and most fundamentally, Epstein's lawsuit should be dismissed because it is notonly unsupported by but is also directly contradicted by all of the record evidence. From the3beginning, Edwards diligently represented three victims of sexual assaults perpetrated byEpstein. As explained in detail below, each and every one of Edwards's litigation decisions wasgrounded in proper litigation judgment about the need to pursue effective discovery againstEpstein, particularly in the face of Epstein's stonewalling tactics.Edwards's successfulrepresentation finally forced Epstein to settle and pay appropriate damages. Effective and properrepresentation of child victims who have been repeatedly sexually assaulted cannot form thebasis of a separate, !`satellite" lawsuit, and therefore Edwards is entitled to summary judgment onthese grounds as well.The truth is the record is entirely devoid of any evidence to support Epstein's claims andis completely and consistently corroborative of Edwards's sworn assertion of innocence. Putsimply, Epstein has.made allegations that have no basis in fact. To the contrary, his lawsuit wasmerely a desperate measure by a serial pedophile to prevent being held accountable forrepeatedly sexually abusing minor females. Epstein's ulterior motives in filing and prosecutingthis lawsuit are blatantly obvious. Epstein's behavior is another clear demonstration that he feelshe lives above the law and that because of his wealth he can manipulate the system and pay forlawyers to do his dirty work - even to the extent of having them assert baseless claims againstother members of the Florida Bar. Epstein's Second Amended Complaint against Edwards isnothing short of a far-fetched fictional fairy-tale with absolutely no evidence whatsoever tosupport his preposterous claims. It was his last ditch effort to escape the public disclosure byEdwards and his clients of the nature, extent, and sordid details of his life as a serial childmolester. Edwards's Motion for Summary Judgment should be granted without equivocation.4ARGUMENTII. EDWARDS IS ENTITLED TO SUMMARY JUDGMENT ON EPSTEIN'SCLAIM BECAUSE THERE ARE NO MATERIAL DISPUTED FACTS AND THEUNDISPUTED FACTS ESTABLISH THAT EDWARDS'S CONDUCT COULDNOT POSSIBLY FORM THE BASIS OF ANY LIABILITY IN FAVOR OF EPSTEINA. The Summary Judgment Standard.Rule 1.510(c), Florida Rules of Civil Procedure, provides that a court may enter summaryjudgment when the.pleadings, depositions and factual showings reveal that there is no genuineissue of material fact and that the moving party is entitled to judgment as a matter of law. SeeSnyder v. Cheezem Development Corp., 373 So. 2d 719, 720 (Fla. 2d DCA 1979); Rule 1.510(c),Fla. R. Civ. P. Once the moving party conclusively establishes that the nonmoving party cannotprevail, it is incumbent on the nonmoving party to submit evidence to rebut the motion forsummary judgment. See Holl v. Talcott, 191 So. 2d 40, 43 (Fla. 1966). It is not enough for theopposing party merely to assert that an issue of fact does exist. Fisel v. 11Tynns, 667 So.2d 761,764 (Fla.1996); Landers v. Milton, 370 So.2d 368, 370 (F1a.1979) (same).Moreover, it is well-recognized that the non-moving party faced with a summaryjudgment motion supported by appropriate proof may not rely on bare, conclusory assertionsfound in the pleadings to create an issue and thus avoid summary judgment. Instead, the partymust produce counter-evidence establishing a genuine issue of material fact. See Bryant v.Shands Teaching Hospital and Clinics, Inc., 479 So.2d 165, 168 (Fla. 1st Dist. Ct. App. 1985);see also Lanzner v. City of North Miami Beach, 141 So.2d 626 (Fla. 3d Dist Ct. App. 1962)(recognizing that mere contrary allegations of complaint were not sufficient to preclude summaryjudgment on basis of facts established without dispute). Where the nonmoving party fails to5present evidence rebutting the motion for summary judgment and there is no genuine issue ofmaterial fact, then entry of judgment is proper as a matter of law. See Davis v. Hathaway, 408So. 2d 688, 689 (Fla. 2d Dist. Ct. App. 1982); see also Holl, 191 So. 2d at 43.B. Epstein's Claim Regarding Edwards Have Absolutely No Factual Basis.This is not a complicated case for granting summary judgment. To the contrary, this is asimple case for summary judgment because each and every one of Epstein's claim againstEdwards lacks any merit whatsoever.'1. Epstein's allegations regarding Edwards' involvement in Rothstein's "PonziScheme" are unsupported and unsupportable because he was simply notinvolved in any such scheme.a. Edwards Had No Involvement in the Ponzi Scheme.The bulk of Epstein's claims against Edwards hinge on the premise that Edwards wasinvolved in a Ponzi •scheme run by Scott Rothstein. Broad allegations of wrongdoing on the partof Edwards are scattered willy-nilly throughout the complaint. None of the allegations provideany substance as to how Edwards actually assisted the Ponzi scheme, and allegations that he"knew or should have known" of its existence are based upon an impermissible pyramiding ofinferences. In any event, these allegations all fail for one straightforward reason: Edwards wassimply not involved in any Ponzi scheme. He has provided sworn testimony and an affidavit insupport of that assertion, and there is not (and could never be) any contrary evidence.Edwards has now been deposed at length in this case. As his deposition makes crystalclear, he had no knowledge of any fraudulent activity in which Scott Rothstein may have beenI A decision by the Court to grant summary judgment on Epstein's claims against Edwards would not affectEpstein's claims against Scott Rothstein. Epstein has already chosen to dismiss all of his claims against L.M., theonly other defendant named in the suit.6involved. See, e.g., Edwards Depo. at 301-02 (Q: " . . . [W]ere you aware that Scott Rothsteinwas trying to market Epstein cases . . . ?" A: "No.").Edwards has supplemented his deposition answers with an Affidavit that declares in nouncertain terms his lack of involvement in any fraud perpetrated by Rothstein.See, e.g.,Edwards Affidavit attached to Statement of Undisputed Material Facts as Exhibit '1\1' at ¶8-10,¶20, ¶22-23. Indeed, no reasonable juror could find that Edwards was involved in the scheme, asEdwards joined RRA well after Rothstein began his fraud and would have been already deeply indebt. In fact, the evidence of Epstein's crimes is now clear, and Edwards's actions in this casewere entirely in keeping with his obligation to provide the highest possible quality of legalrepresentation for his clients to obtain the best result possible.In view of this clear evidence rebutting all allegations against him, Epstein must now"produce counter-evidence establishing a genuine issue of material fact." See Bryant v. ShandsTeaching Hospital and Clinics, Inc., 479 So.2d 165, 168 (Fla. 1st Dist. Ct. App. 1985). Epsteincannot do this. Indeed, when asked at his deposition whether he had any evidence of Edwards'sinvolvement, Epstein declined to answer, purportedly on attorney-client privilege grounds:Q. I want to know whether you have any knowledge of evidence that BradleyEdwards personally ever participated in devising a plan through which were soldpurported confidential assignments of a structured payout settlement? . . .A. I'd like to answer that question by saying that the newspapers have reportedthat his firm was engaged in fraudulent structured settlements in order to fleeceunsuspecting Florida investors. With respect to my personal knowledge, I'munfortunately going to, today, but I look forward to at some point being able todisclose it, today I'm going to have to assert the attorney/client privilege.See Deposition of Jeffrey Epstein, Mar. 17, 2010 (hereinafter "Epstein Depo.") at 67-68.Therefore summary judgment should be granted for Edwards on all claims involving any Ponzischeme by Rothstein.7b. Epstein's Allegations of Negligence by Edwards are Unfounded and NotActionable in Any Event.In his Second Amended Complaint Epstein recognizes at least the possibility thatEdwards was not involved in any Rothstein Ponzi scheme. Therefore, seemingly as a fallback,Epstein alleges without explanation that Edwards "should have known" about the existence ofthis concealed Ponzi scheme. Among other problems, this fallback negligence position suffersthe fatal flaw that it does not link at all to the intentional tort of abuse of process alleged in thecomplaint.Epstein's negligence claim is also deficient because it simply fails to satisfy therequirements for a negligence cause of action:"Four elements are necessary to sustain a negligence claim: 1. A duty, orobligation, recognized by the law, requiring the [defendant] to conform to acertain standard of conduct, for the protection of others against unreasonablerisks. 2. A failure on the [defendant's] part to conform to the standard required: abreach of the duty . . . 3. A reasonably close causal connection between heconduct and the resulting injury. This is what is commonly known as 'legalcause,' or 'proximate cause,' and which includes the notion of cause in fact. 4.Actual loss or damage.Curd v. MOsaic Fertilizer, LLC, S o.2d , 2010 WL 2400384 at *9 (Fla. 2010). Epsteindoes not allege a particular duty on the part of Edwards that has been breached. Nor doesEpstein explain how any breach of the duty might have proximately caused him actual damages.Summary judgment is therefore appropriate for these reasons as well.Finally, for the sake of completeness, it is worth noting briefly that no reasonable jurycould find Edwards to have been negligent in failing to anticipate that a managing pal tner at hislaw firm would be involved in an unprecedented Ponzi scheme. Scott Rothstein deceived not8only Edwards but also more than 60 other reputable lawyers at a major law firm. Cf . SunSentinel, Fort Lauderdale, Dec. 11, 2009, 2009 WLNR 25074193 at *1 ("Sure, some outlandishJohn Grisham murder plot[s] sound far-fetched. But if you asked me a few months ago if ScottRothstein was fabricating federal court orders and forging a judge's signature on documents toallegedly fleece his friends, as federal prosecutors allege, I would have said that was far-fetched,too."). No reasonable lawyer could have expected that a fellow member of the bar would havebeen involved in such a plot. Nobody seemed to know of Rothstein's Ponzi scheme, not even hisbest friends, or the people he did business with on a daily basis, or even his wife. Many of theattorneys at RRA had been there for years and knew nothing. Edwards was a lawyer at RRA forless than 8 months and had very few personal encounters with Rothstein during his time at thefirm, yet Epstein claims that he should have known of Rothstein's intricate Ponzi scheme. Nodoubt for this reason the U.S. Attorney's Office has now listed Edwards as a "victim" ofRothstein's crimes. See Statement of Undisputed Facts filed contemporaneously.Epstein's Complaint does not offer any specific reason why a jury would conclude thatEdwards was negligent, and he chose not to offer any explanation of his claim at his deposition.Accordingly, Edwards is entitled to summary judgment to the extent the claim against him issomehow dependent upon his negligence in failing to discover Rothstein's Ponzi scheme.2. Edwards is Entitled to Summary Judgment to the Extent the Claim AgainstHim is Dependent on Allegations Regarding "Pumping the Cases" BecauseHe Was Properly Pursuing the Interests of His Three Clients Who Had BeenSexually Abused by Epstein.Epstein alleges that Edwards somehow improperly enhanced the value of the three civilcases he had filed against Epstein. Edwards represented three young women — L.M., E.W., andJane Doe — by filing civil suits against Epstein for his sexual abuse of them while they were9minors. Epstein purports to find a cause of action for this by alleging that Edwards somehowwas involved in "'pumping' these three cases to investors."As just explained, to the extent that Epstein is alleging that Edwards somehow didsomething related to the Ponzi scheme, those allegations fail for the simple reason that Edwardswas not involved in any such scheme. Edwards, for example, could not have possibly "pumped"the cases to investors when he never participated in any communication with investors.Epstein's "pumping" claims, however, fail for an even more basic reason: Edwards wasentitled — indeed ethically obligated as an attorney — to secure the maximum recovery for hisclients during the course of his legal representation. As is well known, lals an advocate, alawyer zealously asserts the client's position under the rules of the adversary system." Fla. Rulesof Prof. Conduct, Preamble.Edwards therefore was required to pursue (unless otherwiseinstructed by his clients) a maximum recovery against Epstein. Edwards, therefore, cannot beliable for doing something that his ethical duties as an attorney required.2Another reason that Epstein's claims that Edwards was "pumping" cases for investorsfails is that Edwards filed all three cases almost a year before he was hired by RRA or even knewof :Scott Rothstein.Epstein makes allegations that the complaints contained sensationalallegations for the purposes of luring investors; however, language in the complaints remainedvirtually unchanged from the first filing in 2008 and from the overwhelming evidence the Courtcan see for itself that all of the facts alleged by Edwards in the complaints were true.Epstein ultimately paid to settle all three of the cases Edwards filed against him for moremoney than he paid to settle any of the other claims against him. At Epstein's request, the terms2 In a further effort to harass Edwards, Epstein also filed a bar complaint with the Florida Bar against Edwards. TheFlorida Bar has dismissed that complaint. See Statement of Undisputed Facts.10of the settlement were kept confidential. The sum that he paid to settle all these cases istherefore not filed with this pleading and will be provided to the court for in-camera review.Epstein chose to make this payment as the result of a federal court ordered mediation process,which he himself sought (over the objection of Jane Doe, Edwards' client in federal court) in aneffort to resolve the case.See Defendant's Motion for Settlement Conference, or in theAlternative, Motion to Direct Parties back to Mediation, Doe v. Epstein, No. 9:08-CV-80893(S.D. Fla. June 28, 2010) (Marra, J.) (doc. #168) attached hereto as Exhibit A. Notably,Epstein sought this settlement conference — and ultimately made his payments as a result of thatconference - in July 2010, more than seven months after he filed this lawsuit against Edwards.Accordingly, Epstein could not have been the victim of any scheme to "pump" the cases againsthim, because he never paid to settle the cases until well after Edwards had left RRA and hadsevered all connection with Scott Rothstein (December 2009).In addition, if Epstein had thought that there was some improper coercion involved in, forexample, Jane Doe's case, his remedy was to raise the matter before Federal District Court JudgeKenneth A. Marra who was presiding over the matter. Far from raising any such claim, Epsteinsimply chose to settle that case. He is therefore now barred by the doctrine of res judicata fromsomehow re-litigating what happened in (for example) the Jane Doe case. "The doctrine of resjudicata makes a judgment on the merits conclusive not only as to every matter which wasoffered and received to sustain or defeat the claim, but as to every other matter which might withpropriety have been litigated and determined in that action." AMEC Civil, LLC v. State Dept. ofTransp., So.2d , 2010 WL 1542634 at *2 (Fla. 1st Dist. Ct. App. 2010) (quoting Kiinbrellv. Paige, 448 So.2d 1009, 1012 (Fla. 1984). Obviously, any question of improper "pumping" of a11particular case could have been resolved in that vet)) case rather than now re-litigated in satellitelitigation.3. Edwards is Entitled to Summary Judgment on the Claim ofAbuse of Process Because He Acted Properly Within the Boundaries of theLaw in Pursuit of the Legitimate Interests of his Clients.Epstein's Second Amended Complaint raises several claims of "abuse of process." Anabuse of process claim requires proof of three elements: "(1) that the defendant made an illegal,improper, or perverted use of process; (2) that the defendant had ulterior motives or purposes inexercising such illegal, improper, or perverted use of process; and (3) that, as a result of suchaction on the part of the defendant, the plaintiff suffered damage. " S & Ilnvestments v. PaylessFlea Market, Inc., 36 So.3d 909, 917 (Fla. 4 th Dist. Ct. App. 2010) (internal citation omitted). Infact, this Court is very familiar with this cause of action, as Edwards has correctly stated thiscause in his counterclaim against Epstein. Edwards is entitled to summary judgment becauseEpstein cannot prove these elements.The first element of an abuse of process claim is that a defendant made "an illegal,improper, or perverted use of process." On the surface, Epstein's Complaint appears to containseveral allegations of such improper process.On examination, however, each of theseallegations amounts to nothing other than a claim that Epstein was unhappy with somediscovery proceeding, motion or argument made by Edwards. This is not the stuff of an abuse ofprocess claim, particularly where Epstein fails to allege that he was required to do something asthe result of Edwards' pursuit of the claims against him. See Marty v. Gresh, 501 So.2d 87, 90(Fla. 1st Dist. Ct. App. 1987) (affirming summary judgment on an abuse of process claim where"appellant's lawsuit caused appellee to do nothing against her will").12In any event, none of the allegations of "improper" process can survive summaryjudgment scrutiny, because every action Edwards took was entirely proper and reasonablycalculated to lead to the successful prosecution of the pending claims against Epstein as detailedin Edwards' Affidavit.Epstein also fails to meet the second element of an abuse of process claim: that Edwardshad some sort of ulterior motive. The case law is clear that on an abuse of process claim a"plaintiff must prove that the process was used for an immediate purpose other than that forwhich it was designed." MI Investments v. Payless Flea Market, Inc., 36 So.3d 909, 917 (Fla.4th Dist. Ct. App. 2010) (citing Biondo v. Powers, 805 So.2d 67, 69 (Fla. 4th Dist. Ct. App. 2002).As a consequence, "[w]here the process was used to accomplish the result for which it wasintended, regardless of an incidental or concurrent motive of spite or ulterior purpose, there is noabuse of process." Id. (internal quotation omitted). Here, Edwards has fully denied anyimproper motive, See Statement of Undisputed Facts, and Epstein has no evidence of any suchmotivation. Indeed, it is revealing that Epstein chose not to ask even a single question about thissubject during the deposition of Edwards. In addition, all of the actions that Epstein complainsabout were in fact used for the immediate purpose of furthering the lawsuits filed by L.M., E.W.,and Jane Doe. In other words, these actions all were both intended to accomplish and, in fact,successfully "accomplished the results for which they were intended" -- whether it was securingadditional discovery or presenting a legal issue to the court handling the case or ultimatelymaximizing the recovery of damages from Epstein on behalf of his victims. Accordingly,Edwards is entitled to summary judgment on any claim that he abused process for this reason aswell.134. Edwards is Entitled to Summary Judgment to the Extent His Claim is BasedOn Pursuit of Discovery Concerning Epstein's Friends Because All SuchEfforts Were Reasonably Calculated to Lead to Relevant and AdmissibleTestimony About Epstein's Abuse of Minor Girls.Epstein has also alleged that Edwards improperly pursued discovery from some his closefriends.Such discovery, Epstein claims, was improper because Edwards knew that theseindividuals lacked any discoverable information about the sexual assault cases against Epstein.Here again, Edwards is entitled to summary judgment, as each of the friends of Epsteinwere reasonably believed to possess discoverable information. The undisputed facts show thefollowing with regard to each of the persons raised in Epstein's complaint:eWith regard to Donald Trump, Edwards had sound legal basis for believing Mr.Trump had relevant and discoverable information. See Statement of UndisputedFacts.• With regard to Alan Dershowitz (Harvard Law Professor), Edwards had soundlegal basis for believing Mr. Dershowitz had relevant and discoverableinformation. See Statement of Undisputed Facts.• With regard to former President Bill Clinton, Edwards had sound legal basis forbelieving former President Clinton had relevant and discoverable information.See Statement of Undisputed Facts.® With regard to Ramer Sony Record executive Tommy Mottola, Edwards was notthe attorney that noticed Mr. Mottola's deposition. See Statement of UndisputedFacts.® With regard to illusionist David Copperfield, Edwards had sound legal basis forbelieving Mr. Copperfield had relevant and discoverable information. SeeStatement of Undisputed Facts.eWith regard to framer New Mexico Governor Bill Richardson, Edwards hadsound legal basis for naming Former New Mexico Governor Bill Richardson onhis witness list. See Statement of Undisputed Facts.It is worth noting that the standard for discovery is a very liberal one. To notice someonefor a deposition, of course, it is not required that the person deposed actually end up producing14admissible evidence. Otherwise, every deposition that turned out to be a false alarm would leadto an "abuse of process" claim. Moreover, the rules of discovery themselves provide that adeposition need only be "reasonably calculated to lead to the discovery of admissible evidence."Fla. R. Civ. P. 1.280(b) (emphasis added).Moreover, the discovery that Edwards pursued has to be considered against the backdropof Epstein's obstructionist tactics. As the Court is aware, in both this case and all other casesfiled against him, Epstein has asserted his Fifth Amendment privilege rather than answer anysubstantive questions. Epstein has also helped secure attorneys for his other household staff whoassisted in the process of recruiting the minor girls, who in turn also asserted their FifthAmendment rights rather than explain what happened behind closed doors in Epstein's mansionin West Palm Beach. See Statement of Undisputed Facts. It is against this backdrop thatEdwards followed up on one of the only remaining lines of inquiry open to him: discovery aimedat Epstein's friends who might have been in a position to corroborate the fact that Epstein wassexually abusing young girls.In the context of the sexual assault cases that Edwards had filed against Epstein, any actof sexual abuse had undeniable relevance to the case — even acts of abuse Epstein committedagainst minor girls other than L.M., E.W., or Jane Doe. Both federal and state evidence rulesmake acts of child abuse against other girls admissible in the plaintiff s case in chief as proof of"modus operandi" or "motive" or "common scheme or plan." See Fed. R. Evid. 415 (evidence ofother acts of sexual abuse automatically admissible in a civil case); Fla. Stat. Ann. 90.404(b)(evidence of common scheme admissible); Williams v. State, 110 So.2d 654 (Fla. 1959) (otheracts of potential sexual misconduct admissible).15A second reason exists for making discovery of Epstein's acts of abuse of other minorgirls admissible. Juries considering punitive damages issues are plainly entitled to consider "theexistence and frequency of similar past conduct." TXO Production Corp. v. Alliance ResourcesCorp., 509 U.S. 443, 462 n.28 (1993). This is because the Supreme Court recognizes "that arecidivist may be punished more severely than a first offender . . . [because] repeated misconductis more reprehensible than an individual instance of malfeasance." BMW of North America, Inc.v. Gore, 517 U.S. 559, 577 (1996) (supporting citations omitted). In addition, juries can considerother similar acts evidence as part of the deterrence calculation in awarding punitive damages,because "evidence that a defendant has repeatedly engaged in prohibited conduct while knowing. . . that it was unlawful would provide relevant support for an argument that strong medicine isrequired to cure the defendant's disrespect for the law." Id. at 576-77. In the cases Edwardsfiled against Epstein, his clients were entitled to attempt to prove that Epstein "repeatedlyengaged in prohibited conduct" — i.e., because he was a predatory pedophile, he sexuallyassaulted dozens and dozens of minor girls. The discovery of Epstein's friends who might havehad direct or circumstantial evidence of other acts of sexual assault was accordingly entirelyproper. Edwards is therefore entitled summary judgment to the extent his claim is based onefforts by Edwards to obtain discovery of Epstein's friends.III. EPSTEIN'S LAWSUIT MUST BE DISMISSED BECAUSE OF HIS REFUSAL TOPARTICIPATE IN REASONABLE DISCOVERY.As is readily apparent from the facts of this case, Epstein has filed a lawsuit but thenrefused to allow any real discovery about the merits of his case. Instead, when asked hardquestions about whether he has any legitimate claim at all, Epstein has hidden behind the Fifth16Amendment. As a result, under the "sword and shield doctrine widely recognized in Floridacaselaw, his suit must be dismissed."[T]he law is well settled that a plaintiff is not entitled to both his silence and hislawsuit." Boys & Girls Clubs of Marion County, Inc. v. J.A., 22 So.3d 855, 856 (Fla. 5th Dist.Ct. App. 2009) (Griffin, J., concurring specially). Thus, "a person may not seek affirmativerelief in a civil action and then invoke the fifth amendment to avoid giving discovery, using thefifth amendment as both a 'sword and a shield.'" DePalma v. DePalma, 538 So.2d 1290, 1290(Fla. 4th Dist. Ct. App. 1989) (quoting DeLisi v. Bankers Insurance Co., 436 So.2d 1099 (Fla. 4thDist. Ct. App. 1983)). Put another way, "[a] civil litigant's fifth amendment right to avoid selfincriminationmay be used as a shield but not a sword. This means that a plaintiff seekingaffirmative relief in a civil action may not invoke the fifth amendment and refuse to comply withthe defendant's discovery requests, thereby thwarting the defendant's defenses." Rollins BurdickHunter of New York, Inc. v. Euroclassic Limited, Inc., 502 So. 2d 959 (Fla. 3rd Dist. Court App.1983).Here, Epstein is trying to do precisely what the "well settled" law forbids. Specifically,he is trying to obtain "affirmative relief' — i.e., forcing Edwards to pay money damages — whilesimultaneously precluding Edwards from obtaining legitimate discovery at the heart of theallegations that form the basis for the relief Epstein is seeking. As recounted more fully in thestatement of undisputed facts, Epstein has refused to answer such basic questions about hislawsuit as:"Specifically what are the allegations against you which you contend Mr.Edwards ginned up?"® "Well, which of Mr. Edwards' cases do you contend were fabricated?"17• "Is there anything in L.M.'s Complaint that was filed against you in September of2008. which you contend to be false?"• "I would like to know whether you ever had any physical contact with the personreferred to as Jane Doe in that [federal] complaint?"• "Did you ever have any physical contact with E.W.?"• "What is the actual value that you contend the claim of E.W. against you has?"The matters addressed in these questions are the central focus of Epstein's claims againstEdwards. Epstein's refusal to answer these and literally every other substantive question put tohim in discovery has deprived Edwards of even a basic understanding of the evidence alleged tosupport claims against him. Moreover, by not offering any explanation of his allegations,Epstein is depriving Edwards of any opportunity to conduct third party discovery andopportunity to challenge Epstein's allegations.It is the clear law that "the chief purpose of our discovery rules is to assist the truthfindingfunction of our justice system and to avoid trial by surprise or ambush," Scipio v. State,928 So.2d 1138 (Fla.2006), and "full and fair discovery is essential to these important goals,"McFadden v. State, 15 So.3d 755, 757 (Fla. 4th Dist. Ct. App. 2009). Accordingly, it is importantfor the Court to insure "not only compliance with the technical provisions of the discovery rules,but also adherence to the purpose and spirit of those rules in both the criminal and civil context."McFadden, 15 So.3d at 757. Epstein has repeatedly blocked "full and fair discovery," requiringdismissal of his claim against Edwards.18IV. EDWARDS IS ENTITLED TO ADVERSE INFERENCES FROMEPSTEIN'S INVOCATION OF THE FIFTH AMENDMENT ANDTHEREFORE TO SUIVIIVIARY JUDGMENT ON EPSTEIN'S CLAIM.Edwards is entitled to summary judgment on the claim against him for a second andentirely independent reason: Epstein's repeated invocations of the Fifth Amendment raiseadverse inferences against him that leave no possibility that a reasonable factfinder could reach averdict in his favor.In ruling on a summary judgment motion, the court must fulfill a"gatekeeping function" and should ask whether "a reasonable trier of fact could possibly" reacha verdict in favor of the plaintiff. Willingham v. City of Orlando, 929 So.2d 43, 48 (Fla. 5th Dist.Ct. App. 2006) (emphasis added). Given all of the inferences that are to be drawn againstEpstein, no reasonable finder of fact could conclude that Epstein was somehow the victim ofimproper civil lawsuits filed against him. Instead, a reasonable finder of fact could only find thatEpstein was a serial molester of children who was being held accountable through legitimatesuits brought by Edwards and others on behalf of the minor girls that Epstein victimized."[I]t is well-settled that the Fifth Amendment does not forbid adverse inferences againstparties to civil actions when they refuse to testify in response to probative evidence offeredagainst them." Baxter v. Pabnigiano, 425 U.S. 308, 318 (1976); accord Vasquez v. State, 777So.2d 1200, 1203 (Fla. App. 2001). The reason for this rule "is both logical and utilitarian. Aparty may not trample upon the rights of others and then escape the consequences by invoking aconstitutional privilege — at least not in a civil setting." Fraser v. Security and Inv. Coip., 615So.2d 841, 842 (Fla. 4th Dist. Ct. App. 1993). And, in the proper circumstances, "'Silence isoften evidence of the most persuasive character.'" Fraser v. Security and Inv. Corp., 615 So.2d19