0

STATE OF FLORIDA,
vs.
JEFFREY EPSTEIN,
Defendant.
/

IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICAL CIRCUIT
IN AND FOR PALM BEACH COUNTY,,,
FLORIDA, CRIMINAL DIVISION

ZPALM BEA
CIRCUIT
SHARON RU
Case Nos.2006-CF9454 AXX 2009 MAY 12 PM 12:17

2008-9381CF AXX

FILED

## NONPARTY

Defendant. MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(d)(5) to vacate the order sealing records and unseal two documents in these files on the following grounds: OTACERLIFE COP 1. is a victim of sexual abuse defendant who was convicted of procuring a person under 18 for prostitution felony solicitation of prostitution. See attached judgments of conviction (Exhibi presently has a pending civil action in this court against defendant for damages. Case number 502008CA028058XXXXMB AB.

2. On June 30, 2008 and August 25, 2008, this Court sealed two documents, a non-prosecu agreement and an addendum to non-prosecution agreement. See attached copies of envelopes containing the sealed documents and also an Agreed Order Sealing Document In Court File entered July 2, 2008 (Exhibit “B”.)

3. The sealing of these documents was done without written motion required by Rule 2.420(d)(l) or notice to the public, the media, the record newspaper and the victims of defendant required by Rule 2.420(d)(2). The Agreed Order does not set forth the

SCANNED MAY 14 2009

grounds set forth in Rule 2.420(d)(3). The clerk of court did not post a copy of the notice of the order as required by Rule 2.420(d)(4).

4. The sealing of these documents was also done contrary to the Administrative Orders of this Court, AO 2.104, 2.032, 2.303and11.046.

5. The request to seal the first document was made orally at the plea hearing on June 30, 2008. A copy of the relevant portion of the transcript is attached (see pages 38- 40) (Exhibit “C”.)

6. It is against public policy for these documents to have been sealed and hidden

from public scrutiny. As a member of the public, [ ] has a right to have these

documents unsealed. Furthermore, these documents are relevant and material to

civil action against defendant. As stated in the ple olloquy, they were an inducement

for defendant to enter into his guilty pleas. They are proper objects of discovery.

However, unless they are unsealed, NOT A CERTI COPY unable to obtain them or utilize them in her

case.

7. Pursuant to Rule (d)(5), the Court must hold a hearing on this motion in

open court.

WHEREFORE movant requests the Court vacate the order sealing records and

CERTIFICATE OF SERVICE

THEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S. Mail and Facsmile this 12 day of May, 2009 to: Jack Alan Goldberger, Esq., Atterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401.

2

[x]

ROTHSTEIN ROSENFELDT ADLER
Attorneys for Plaintiff
401 East Las Olas Blvd., Suite 1650
Fort Lauderdale, Florida 33394
Telephone (954) 522-3456

Telecopier (954) 527-8663
By:~ 

Bradley J. Edwards ~

By: <signature>
Bradley J. Edwards
Florida Bar No. 542075
bedwards@rra-law.com
William J. Berger
Florida Bar No. 197701
wberger@rra-law.com

NOT A CERTIFIED

3

95407C
IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR PALM BEACH COUNTY

CASE NO: 06CF9451AXX N
OBT'S NUMBER: 2006 CF 9451AXX

STATE OF FLORIDA COMMUNITY CONTROL VIOLATOR
DEFENDANT: Jeffrey E. Epstein
DATE OF BIRTH: 1/20/53
RACE: W
GENDER: M
SOCIAL SECURITY NUMBER: <empty>

CFN 20080267522
OR BK 22760 PG 1081
RECORDED 07/17/2008 08:52:50
Palm Beach County, Florida
Sharon R. Bock, CLERK & COMPTROLL.
Pg 1081; (1pg)

SOCIAL SECURITY NUMBER

JUDGMENT

NPY J.

( )

The above Defendant, being personally before this Court represented by J. Goldberg (attorney)
[ ] Having been tried and found guilty of the following crime(s):
[x] Having entered a plea of guilty to the following crime(s):
[ ] Having entered a plea of nolo contendere to the following crime(s):

COUNT: 1
CRIME: Felony Solicitation
OFENSE STATUTE NUMBER(S): 796.07(2)(f)
DEGREE: 3d F

COUNT: <empty>
CRIME: <empty>
OFENSE STATUTE NUMBER(S): <empty>
DEGREE: <empty>

COUNT: <empty>
CRIME: <empty>
OFENSE STATUTE NUMBER(S): <empty>
DEGREE: <empty>

COUNT: <empty>
CRIME: <empty>
OFENSE STATUTE NUMBER(S): <empty>
DEGREE: <empty>

X and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crimes.

I and having been convicted or found guilty of, or having entered a plea of nolo contendere or guilty regardless of adjudication, to attempts or offenses relating to sexual battery (s) 7941, lewd and lascivious conduct (s) 8001, or murder (s) 782 041, aggravated battery (s) 784 0450, burglary (s) 810 023, carjacking (s) 812 133, or home invasion robbery (s) 812 1351, or any other offense specified in section 943 325, the defendant shall be required to submit blood specimens.

II and good cause being shown, IT IS ORDERED THAT ADJUDICATION OF OR IF IT BE WITHHELD

SENTENCE STAYED
I The Court hereby stays and withdraws its previous order of sentence imposed upon the Defendant on
I probation and II [ ] community control under the supervision of the Department of Corrections conditions of probation set forth in separate order

SENTENCE DEFERRED
I The Court hereby defers imposition of sentence until

The Defendant is Ordered to pay all costs and expenses of the prosecution of this charge which may include but are not limited to reasonable attorney's fees and court costs. If at any time prior to sentencing that it appears that there is probable cause to believe that he has engaged in conduct prejudicial to his rehabilitation, the trial court may impose such additional sanctions as it deems appropriate including but not limited to dismissal of the case with prejudice or the expense of the State upon motion by the prosecutor

DONE AND ORDERED : Signed by the Jury Box Clerk on June 20, 2018
<signature>
COURT CLERK
EXHIBIT A

4050





THE CRIMINAL DIVISION OF THE RCUIT COURT OF THE

FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR PALM BEACH COUNTY

CASE NO: 08 CF 9581 - AA B
DIV: W
CFN: 20080267252
OBJS NUMBER: 2008CF9381XXY
OR BK: 22760 PG: 0565
RECORDED: 07/17/2008 08:06:42
STATE OF FLORIDA: <empty>
COMMUNITY CONTROL VIOLATOR: Sharon R. Bock,Clerk & Comptrolle
Jeffrey E. Epstein: Probation Violator
DEFENDANT: Pg: 0565; (1pg)
DATE OF BIRTH: 1/20/53
RACE: W
GENDER: M
SOCIAL SECURITY NUMBER: <empty>
JUDGMENT: <empty>

The above Defendant, being personally before this Court represented by J. Goldberger (attorney)
[ ] Having been tried and found guilty of the following crime(s):
[x] Having entered a plea of guilty to the following crime(s):
[ ] Having entered a plea of noto contendere to the following crime(s):

COUNT: 1

CRIME: Procuring Person Under 18 for Prostitution

OFFENSE STATUTE NUMBER(S): 796.03

DEGREE: 2° F

X and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s).

| | and having been convicted or found guilty of, or having entered a plea of nolo contendere or guilty regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794), lewd and lascivious conduct (ch. 800), or murder (s. 782 041), aggravated battery (s. 784 043), burglary (s. 810 021), carjacking (s. 812 133), or home invasion robbery (s. 812 135), or any other offense specified in section 943 325, the defendant shall be required to submit blood specimens.

| | and good cause being shown IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD

SENTENCE STAYED
| | The Court hereby stays and withdraws imposition of sentence as to crimes - and places the Defendant on probation under [ ] Community Control under the supervision of the Dept of Corrections conditions of probation to be such as separate order

SENTENCE DEFERRED
| | The Court hereby defers imposition of sentence until _______________________

The Defendant is Ordered to have his right to appeal in this Judgment by writing notice to appear before Court at said time thirty days following the date sentence is imposed or probation is ordered pursuant to this judgment. This date that was also fixed for trial is stayed to the extent it conflicts with the expiration of the State upon showing of indigency.

DONE AND ORDERED - Oral Jury Verdict - Palm Beach County Clerk - For this 30th day of June 2016
<signature> CIRCUIT COURT JUDGE

IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR
PALM BEACH COUNTY
CASE NO.: 2006CF09454A1
DIVISION: W

STATE OF FLORIDA

vs.
Jeffrey Epstein
ON July 2, 2008 ,
FILER
2nd JUl - 2 Fri 3:45
[ ] Psychiatric (Medical, etc.) Report dated <empty>
from <empty>
[ ] Presentence Investigation Report dated <empty>
from <empty>
[x] Other Non- Prosecution Agreement

SEALED IN COURTFILE, NOT TO BE

OPENED WITHOUT ORDER OF COURT

87 B EXHIBIT

AR JUL 03 2008

[x]

IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR
PALM BEACH COUNTY
CASE NO.: 06CF009454AXV
DIVISION: W

CASE NO.: 06CF0014347XXV

STATE OF FLORIDA
DIVISION: W

vs.
Jeffrey Epstein
ON: 8/25/08,

[ ] Psychiatric (Medical, etc.) Report dated:<empty>
from:<empty>

[ ] Presentence Investigation Report dated:<empty> SCANNED
from: AUG 30 2008

[x] Other Addendum to the non-prosecution Agreement

SEALED IN COURTFILE, NOT TO BE OPENED WITHOUT ORDER OF COURT



# IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT. IN AND FOR PALM BEACH COUNTY, FLORIDA

STATE OF FLORIDA

vs.

JEFFREY EPSTEIN,

Defendant.

CASE NO.: 2006CF009454AXX
DIVISION: "W"

1-2

FILED

AGREED ORDER SEALING DOCUMENT IN COURT FIL THIS MATTER came before the Honorable Judge Deborah Dale Pucillo on June 30, 2008 during a plea conference in the above-referenced case number. The Court being fully apprised in the circumstances, it is hereby: ORDERED AND ADJUDGED that the doct filed by the Defendant on July 2, 2008 be sealed by the Clerk in the court file. OT A CENȚINED COPY DONE AND ORDERED in chambers, West Palm Beach, Palm Beach County, Florida this 2 day of July, 2008. Debora Dallhvallo DEBORAH DALE PUCILLO Circuit Court Judge

Copies forwarded to:

Jack A. Goldberger. Esq.
Counsel for the Defendant
250 Australian Avenue South, Ste. 1400
West Palm Beach, Florida 33401

Lanna Belohlavek. Esq.
Assistant State Attorney
(interoffice)

AB JUL 03 2008
34





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IN THE CIRCUIT COURT OF THE

FIFTEENTH JUDICIAL CIRCUIT

# IN AND FOR PALM BEACH COUNTY, FLORIDA

# CRIMINAL DIVISION

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STATE OF FLORIDA

VS

JEFFREY EPSTEIN

Defendant.

CASE NO. 06 CF9454AMB W
08 9381CFAMB

)

PLEA CONFERENCE IRCUIT CRIMINALS
LACK COUNTY, FL

PRESIDING: HONORABLE DEBORAH DALE PUCILLO

APPEARANCES:

ON BEHALF OF THE STATE:
BARRY E. KRISCHER, ESQUIRE

NOT A CERNED COPY
401 North Dixie Highway
West Palm Beach, Florida 33401
LANNA BELOHLAVEK, ESQUIRE
Assistant State Attorney

ON BEHALF OF THE DEFENDANT:
ATTERBURY, GOLDBERGER & WEISS, P.A.
250 Australian Avenue South
Suite 1400
West Palm Beach, Florida 33401
By: JACK GOLDBERGER, ESQUIRE

2008 JUL 22 PM 3: 12

FILED

ORIGINAL

June 30, 2008
Palm Beach County Courthouse
West Palm Beach, Florida 33401
Beginning at 8:40 o'clock, a.m.

PHYLLIS A. DAMES, OF

Blumberg No. 5208

つ

EXHIBIT

EPORTER





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on that, Your Honor?

THE COURT: It is going to be

recorded.

MR. GOLDBERGER: That's fine.

THE COURT: Defendant needs to

approach as well.

(Whereupon, there was a conference at

the bench.)

MR. GOLDBERGER:

asked to come sidebar, there is a

nonprosecution agreement with the United
ERTIFIED COPY
States Attorney's ffice that triggers as a

result of this ea agreement. In other

words, they ave signed off and said they

will not prosecute Mr. Epstein in the

Southern District of Florida for any

offense upon his successful taking of this

plea today. That is a confidential

document that the parties have agreed to.

Just in an abundance of caution, I wanted

to tell the court.



NOT

THE COURT: I understand, that would

also be invalidated should he violate his

community control?

MR. GOLDBERGER: Absolutely. That

PHYLLIS A. Dk'1ES, OFFICIAL COURT REPORTER





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nonprosecution agreement

MS. BELOHLAVEK: They spell all that

out.

THE COURT: Mr. Epstein needs to come

closer.

Mr. Epstein, your attorney has

told me that in addition to everything, we

talked about another Inducement shall we

say, to your taking this plea is that the

U.S. Attorney for the Southern District of

the State of Florida, federal prosecutor,

has agreed to a nonprosecution agreement

with you, that if you successfully
વાચક complete pr ation and do everything you're

supposed to, they have, have agreed not to

prosecute you federally, did you understand

NOT

THE DEFENDANT: Yes, ma'am.

THE COURT: And I would view that as a significant inducement in accepting this plea.

MS. BELOHLAVEK: They are actually in

court  here  today,  also.

THE COURT: Okay.

MR. GOLDBERGER: And the plea

>

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER





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agreement very carefully spelled out if

there was a breach that would violate this agreement, so we are well aware of it.

THE COURT: Okay. I would request

that a sealed copy of that Mr. Epstein

has signed that document?

MR. MR. GOLDBERGER: GOLDBERGER: Yes, I would like to Yes, I would

seal seal the copy. the copy. COPY

THE THE COURT: I want a sealed copy of COURT: I want a sealed

that filed in this case. That is the only

other condition of the agreement that is

that filed in this case. That is the

other condition of the agreement

influencing this influencing this efendant to make this efendant to make

decision? decision?
CERTIFIED

(Return to open court.) (Return to open court.)

THE THE COURT: Mr. Epstein, is there COURT: Mr. Epstein, is

anything else?

Absolutely. I think Absolutely. I

right idea. right idea.

NOT

THE DEFENDANT: No, ma'am.

THE COURT: Because I don't take these pleas unless they are freely and voluntarily made.

THE DEFENDANT: I understand that.

THE COURT: I also don't want

somebody or anybody coming back a year,

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER
documents/doj-b41822c36966ae69.pdf
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