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

STATE OF FLORIDA,

vs.

JEFFREY EPSTEIN, 2008-9381CF AXX

Defendant.

NONPARTY MOTION TO VACATE ORDER SEALIN 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:
NOTA CERTIFY COPY
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 (Exhibit "A".) 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-prosecut 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”.)

Case Nos.1

2009 JUN-3 PM

FILED

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 ofdefendant required by Rule 2.420(d)(2). The Agreed Order does not set forth the

SENT TO JUDGE
ON 6/5/09 BY <signature>

SCANNED JUN - 3 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 levant 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. hey are proper objects of discovery. TOLA CERILL COPY However, unless they are unsealed, unable to obtain them or utilize them in her 7. Pursuant to Rule 2.420(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

6. It is against public policy for these documents to have been sealed and hidden from public scrutiny. As a member of the public, [REDACTED] has a right to have these documents unsealed. Furthermore, these documents are relevant and material to [REDACTED] civil action against defendant. As stated in the plea colloquy, they were an inducement for defendant to enter into his guilty pleas. They are proper objects of discovery.
However, unless they are unsealed, [REDACTED] is unable to obtain them or utilize them in her case.

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S. Mail and Facsimile this 1 day of June, 2009 to: A. Marie Villafana, Esq., U.S. Attorney, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401 (561) 820-8777.

2

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

NOT A CERTIFIED

3

854080



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

CASE NO: O6CF9454AXX4 - <signature> W
OBT'S NUMBER: 2006 CF 9454AXX4

STATE OF FLORIDA
COMMUNITY CONTROL VIOLATOR
PROBATION VIOLATOR

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; (lpg)

DEFENDANT: Jeffrey E. Epstein
DATE OF BIRTH: 1 | 20 | 53
RACE: W
GENDER: M
SOCIAL SECURITY NUMBER: <empty>

DEFENDANT W M RACE GENDER SOCIAL SECURITY NUMBER JUDGMENT The above Defendant, being personally before this Court represented by J. rger Having been tried and found guilty of ( ) the following crime(s): the following crime(s): NOT ACTIVECOPY 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 conducted or found guilty of, or having entered a plea of nolo contenders or guilty regardless of adjudication, to attempts or offenses relating to sexual battery ich. 794), fewd and lascivious conduct ich $00%, or murder is 75204), aggravated battery is 784 045 burglary is $1062), sarjacking is 812 193), or boine invasion rombery is $12 135, or any other offense -pecified in section 943 325, the defendant baby red to shmir bowed specimens Rose IFISORDERED THAT ADJUDICATION ORDER WIREL

The above Defendant, being personally before this Court represented by J. Goldberger (attorney)

[ ] Having been tried and found guilty of the following crimes(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: Felony Solicitation
& Prostitution
OFFENSE STATUTE NUMBER(S): 796.07(2)(f)
DEGREE: 3d 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 crimes.
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), fraud and larceny (ch. 809), or murder (ch. 752) OR aggravated battery (ch. 784) OR burglary (ch. 810) OR kidnapping (ch. 813) OR arson (ch. 815) OR any other offense specified in section 943.325, the defendant shall be required to submit himself/specimens
SENTENCE STAYED
SENTENCE DEFERRED

<signature>
CERTIFICATE
EXHIBIT A
Burlington Inc. 5204
30 June 20
11

4050
IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE



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

CASE NO: CF-9581 AMB DIV W
CFN 20080267252
OBTS NUMBER: 2008CF9381XXY
OR BK 22760 PG 0565
RECORDED 07/17/2008 08:06:42
Palm Beach County, Florida

STATE OF FLORIDA
[ ] COMMUNITY CONTROL VIOLATOR
Sharon R. Bock,CLERK & COMPTROLLE Pg 0565; (1pg)

DEFENDANT: Jeffrey E. Epstein
PROBATION VIOLATOR

DATE OF BIRTH: 1/20/53
RACE: W
GENDER: M
SOCIAL SECURITY NUMBER: <empty>

## JUDGMENT

COPY

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: 2d 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 (sct 794), lewd and lascivious conduct (sct 800), or murder (sct 782 046), aggravated battery (sct 784 045), burglary (sct 810 024), kidnapping (sct 812 133), or home invasion robbery (sct 812 135), or any other offense specified in section 943 325, the defendant shall be required to submit blood specimens.

[x] and good cause being shown, IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD

SENTENCE STAYED [ ] | Probationary period: | Continuance: [ ] pending trial | Date of Completion: 30 June 8 |

SENTENCE DEFERRED [ ] To be served by defendant's imposition of sentence upon conviction of the offense for which he was originally charged

The Recorder (Mr C) records that the said adjournment was agreed to by all parties thereto and that they were satisfied that justice would be done under the circumstances of the case. He further finds that there has been no miscarriage of justice resulting from the delay in bringing the matter before this Court.

<signature>

IN THE CIRCUIT COURT OF THE FIFTEE
JUDICIAL CIRCUIT OF FLORIDA, IN AND
PALM BEACH COUNTY
CASE NO.: 2006CF094541
DIVISION: W

STATE OF FLORIDA

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

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

87 EXHIBIT

JUL 03 2008
03

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

CASE NO.: 06CF009454AXX

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 COURT FILE, 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

CASE NO.: 2006CF009454AXX
DIVISION: "W"

VS.

JEFFREY EPSTEIN.
Defendant.

-2

Defendant. AGREED ORDER SEALING DOCUMENT IN COURT 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 document filed by the Defendant on July 2, 2008 be sealed by the Clerk in the court file. NOT A CERTINED COPY DONE AND ORDERED in cham ers, West Palm Beach, Palm Beach County, Florida this 2 day of July, 2008. Deborah Willhallo 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



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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 ) STATE OF FLORIDA )

)

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CASE NO. 06 CF9454AMB
08 9381CFAMB

VS

JEFFREY EPSTEIN

Defendant.

)

PLEA CONFERENCE IED COPY

COUNTY, FL

PRESIDING: HONORABLE DEBORAH DALE PUCILLO-

APPEARANCES:

FILED

ON BEHALF OF THE STATE:
BARRY E. KRISCHER, ESQUIRE
State Attorney
401 North Dixie Highway
West Palm Beach, Florida 33401
LANNA BELOHLAVEK, ESQUIRE
Assistant State Attorney

NOT A CER

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

2013 JUL 22 PM 3: 12

ORIGINAL

June 30, 2009
Palm Beach County Courthouse
West Palm Beach, Florida 33401
Beginning at 3:40 o'clock, a.m.

PHILLIS A. DAMES,
EXHIBIT C
REPORTER

)





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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: reason why I

asked to come sidebar, there is a

nonprosecution agreement with the United
ERIFIED COPY
States Attorney's office that triggers as a

result of this lea 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. DAMES, 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 told told me that in addition to everything, we me me that that in in addition addition to to

talked talked talked about another Inducement, about about another another Inducement, Inducement, shall we
COPY COPY
say, to your taking this plea is that the say, say, to to your your taking taking this this plea plea is is

U.S. U.S. U.S. Attorney for the Southern District of Attorney Attorney for for the the Southern Southern

the the the State of Florida, federal prosecutor, State State of of Florida, Florida, federal federal

has agreed to a nonprosecution agreement has has agreed agreed to to a a nonprosecution nonprosecution

with you, meani that if you successfully with with you, you, meani meani that that if if you you

complete complete complete CERNEED CERNEED ation ation ation and do everything you're and and do do everything everything

supposed supposed supposed o, they have, have agreed not to o, o, they they have, have, have have agreed agreed

prosecute you federally, did you understand prosecute prosecute you you federally, federally, did did you you

NOT NOT

A A

THE DEFENDANT: THE THE DEFENDANT: DEFENDANT: Yes, ma'am. Yes, Yes, ma'am. ma'am.

THE COURT: And I would view that as THE THE COURT: COURT: And And I I would would view view

a significant inducement in accepting this a a significant significant inducement inducement in in accepting accepting

plea. plea. plea.

MS. MS. MS. BELOHLAVEK: They are actually in BELOHLAVEK: BELOHLAVEK:

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. GOLDBERGER: Yes,

seal the copy.

THE COURT: I want a sealed copy of

that filed in this case. That is the only

other condition of the agreement that is

influencing this defendant to make this

decision?

NOT A CERTIFIED COPY Absolutely. I think

that's the right idea.

(Return to open court.)

THE COURT: Mr. Epstein, is there

anything else?

THE DEFENDANT: No, ma'am.

THE COURT: Because I don't take

these pleas unless they are freely and

voluntarily made.

[x]

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-a83ffa6127be749e.pdf
{}