Case 9:09-cv-80469-KAM Document 1 Entered on FLSD Docket 03/25/2009 Rageby ofбB D.C.

ELECTRONIC

Mar. 24, 2009

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

STEVEN M. LARIMORE
CLERK U.S. DIST. CT.
S.D. OF FLA. - MIAMI

09-80469-Civ-RYSKAMP/VITUNAC

JANE DOE II )
)
Plaintiff,
)
vs.
)
JEFFREY EPSTEIN,
)
and SARAH KELLEN,
)
Defendants.
)

CASE NO.:

COMPLAINT

1. Plaintiff, JANE DOE 11, hereby sues JEFFREY EPSTEIN and SARAH KELLEN, and states:

JURISDICTION AND VENUE

2. This is an action for damages in excess of $75,000, exclusive of interests, costs and attorney's fees.

3. Venue is proper in this Court as all acts occurred in Palm Beach County and all parties reside and/or do business herein.

PARTIES

4. Ms . DOE II is a natural person residing in Palm Beach County, Florida. During the events giving rise to this claim, she was a minor but has now reached majority. She files this suit under a pseudonym to protect her privacy because the acts alleged occurred while she was a minor.

SCANNED

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5. Defendant EPSTEIN is a natural person, who is an adult, and who resides and/or does business in Palm Beach County, Florida, and who committed the acts alleged within the jurisdiction of Palm Beach County, Florida, within the boundaries of the United States District Court in and for the Southern District of Florida. Defendant KELLEN is a natural person, who is an adult, believed to reside in the State of New York, but who committed the acts alleged within the jurisdiction of Palm Beach County, Florida, within the boundaries of the United States District Court in and for the Southern District of Florida.

6. Defendant EPSTEIN is believed to now be incarcerated in the Palm Beach County Jail for crimes committed that are related to and/or similar to the claims inthis case.

FACTS

7. Defendant EPSTEIN was, at all times relevant to this action, a part time resident of Palm Beach County, Florida. All acts complained of herein occurred at his estate residence in the Town ofPalm Beach, Florida.

8. Defendant EPSTEIN has a history of enticing young women, who are minors (under 18 years ofage), and soliciting them to engage in prostitution for his own sexual gratification.

9. Defendant EPSTEIN, in agreement with two (2) persons he employed for this purpose, HALEY ROBSON and Defendant KELLEN, conspired with these other two, and others, to solicit young women of the type Defendant EPSTEIN preferred, blonde, attractive in appearance, and younger than 18 years of age, to provide sexual gratification for him by engaging in acts of prostitution.

10. Defendants EPSTEIN and KELLEN entered into a criminal conspiracy to solicit young women for acts of prostitution, including the Plaintiff, here in Palm Beach County.

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11. From about June, 2003 until on or about February, 2005, Defendants EPSTEIN and KELLEN persuaded, induced, or enticed the Plaintiff to come to Defendant EPSTEIN's home and provide Defendant EPSTEIN with "massages" which escalated into sexual encounters between Defendant EPSTEIN and the Plaintiff designed to fulfill his unnatural sexual desires for young women or even younger girls who were minors. These acts included Defendant EPSTEIN's request that he wanted the encounter to be like a "porn video." Defendant EPSTEIN would script lines for the Plaintiff to say, including calling out his name and requesting that he perform a certain sexual act "harder,"while he touched the Plaintiffs vagina with a vibrator or with his fingers; alternately, he would masturbate in the presence ofthe Plaintiff after demanding her to disrobe and walk in front of him in provocative sexual poses. Defendant EPSTEIN would pay the Plaintiff a fee of $200 on each occasion after he ejaculated while masturbating in the presence of the Plaintiff.

12. Defendant EPSTEIN touched Plaintiffs vagina, or penetrated Plaintiffs vagina, using his fingers and/or a vibrator on multiple occasions, during the time that Plaintiff was a minor, causing personal injury to her.

13. In violation of 18 U.S.C. §2422(b),Defendants EPSTEIN and KELLEN knowingly persuaded, induced, or enticed the Plaintiff to engage inactsof prostitution, when the Plaintiff was under the age of 18, approximately on or about the following dates that Plaintiff can document based on payments received: 6/16/03, 7/2/03, 4/9/04, 6/7/04, 7/30/04, 8/30/04, 10/9/04, 10/12/04, 10/30/04 and 11/9/04. Inaddition, Plaintiff believes that there were as many as 10 to 20 other occasions during this time frame that Defendant EPSTEIN solicited her and procured her to perform prostitution services, all during the time that she was a minor.

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Document 1

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14. Plaintiff seeks damages for personal injury in accordance with 18 U.S.C. §2255(a) for each of the acts of prostitution set forth above for which Defendants solicited her, $150,000 for each violation, for a total range of damages between $1.5 million dollars to $4.5 million dollars, jointly and severally, and a reasonable attorney's fees and costs, as permitted by the statute.

15. Defendant EPSTEIN has made an agreement with the United States Attorney's Office to not contest liability for claims brought exclusively pursuant to 18 U .S.C. §2255, in exchange for avoiding federal prosecution under 18 U.S.C. §2422(b), which provides a sentence of 10 years for each violation of the law.

WHEREFORE, Plaintiff demands judgment in her favor, and a jury trial on all issues so triable as ofright.

Respectfully submitted,
BY: <signature>
ISIDRO M. GARCIA
Florida Bar No. 437883
GARCIA LAW FIRM, P.A.
224 Datura Street, Suite 900
West Palm Beach, FL 33401
Telephone:(561) 832-7732
Telecopier: (561) 832-7137
e-mail: isidrogarcia@bellsouth.net

Date: 3/19/09

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09-80469-Civ-RYSKAMP/VITUNAC 09-80469-Civ-RYSKAMP/VITUNAC

Entered Entered on on FLSD FLSD Docket Docket 03/25/2009 03/25/2009

Filed by Page 5 of 5 D.C.
ELECTRONIC

JS 44 (Rev. 2/08)

CIVIL COVER SHEET

Mar. 24, 2009

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) NOTICE: Attorneys MUST Indicate All Re-filed

STEVEN M. LARIMORE

I. (a) PLAINTIFFS
JANE DOE II

(b) County of Residence of First Listed Plaintiff: PALM BEACH (EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorney's (Firm Name, Address, and Telephone Number)
GARCIA LAW FIRM, P.A.
224 DATURA STREETM SUITE 900
WEST PALM BEACH, FL 33401

DEFENDANTS
JEFFREY EPSTEIN AND SARAH KELLEN

CLERK U.S. DIST. CT.
S.D. OF FLA. - MIAMI

County of Residence of First Listed Defendant: PALM BEACH
(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT
LAND INVOLVED.

Attorneys (If Known)
ROBERT D. CRITTON, ESQ.
JACK A. GOLDBERGER, ESQ.
+

(d) Check County Where Action Arose:
[ ] MIAMI-DADE
[ ] MONROE
[ ] BROWARD
[x] PALM BEACH
[ ] MARTIN
[ ] ST. LUCIE
[ ] INDIAN RIVER
[ ] OKEECHOBEE HIGHLANDS

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
[ ] 1 U.S. Government Plaintiff
[x] 3 Federal Question (U.S. Government Not a Party)
[ ] 2 U.S. Government Defendant
[ ] 4 Diversity (Indicate Citizenship of Parties in Item III): 09CV80469 KLR/AEV

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff and One Box for Defendant)
(For Diversity Cases Only)
Citizen of This State
[ ] 1 PTF
[ ] 1 DEF
Citizen of Another State
[ ] 2 PTF
[ ] 2 DEF
Citizen or Subject of a Foreign Country
[ ] 3 PTF
[ ] 3 DEF
Incorporated or Principal Place of Business In This State
[ ] 4 PTF
[ ] 4 DEF
Incorporated and Principal Place of Business In Another State
[ ] 5 PTF
[ ] 5 DEF
Foreign Nation
[ ] 6 PTF
[ ] 6 DEF

IV. NATURE OF SUIT (Place an "X" in One Box Only) C

CONTRACT:
[ ] 110 Insurance
[ ] 120 Marine
[ ] 130 Miller Act
[ ] 140 Negotiable Instrument
[ ] 150 Recovery of Overpayment & Enforcement of Judgment
[ ] 151 Medicare Act
[ ] 152 Recovery of Defaulted Student Loans (Excl. Veterans)
[ ] 153 Recovery of Overpayment of Veteran's Benefits
[ ] 160 Stockholders' Suits
[ ] 190 Other Contract
[ ] 195 Contract Product Liability
[ ] 196 Franchise

PERSONAL INJURY:
[ ] 310 Airplane
[ ] 315 Airplane Product Liability
[ ] 320 Assault, Libel & Slander
[ ] 330 Federal Employers' Liability
[ ] 340 Marine
[ ] 345 Marine Product Liability
[ ] 350 Motor Vehicle
[ ] 355 Motor Vehicle Product Liability
[x] 360 Other Personal Injury

PERSONAL INJURY - MEDICAL MALPRACTICE:
[ ] 362 Personal Injury - Med. Malpractice
[ ] 365 Personal Injury - Product Liability
[ ] 368 Asbestos Personal Injury Product Liability

PERSONAL PROPERTY:
[ ] 370 Other Fraud
[ ] 371 Truth in Lending
[ ] 380 Other Personal Property Damage
[ ] 385 Property Damage Product Liability

REAL PROPERTY:
[ ] 210 Land Condemnation
[ ] 220 Foreclosure
[ ] 230 Rent Lease & Ejection
[ ] 240 Torts to Land
[ ] 245 Tort Product Liability
[ ] 290 All Other Real Property

CIVIL RIGHTS:
[ ] 441 Voting
[ ] 442 Employment
[ ] 443 Housing/ Accommodations
[ ] 444 Welfare
[ ] 445 Amer. w/Disabilities Employment
[ ] 446 Amer. w/Disabilities Other
[ ] 440 Other Civil Rights

PRISONER PETITIONS:
[ ] 510 Motions to Vacate Sentence
Habeas Corpus:
[ ] 530 General
[ ] 535 Death Penalty
[ ] 540 Mandamus & Other
[ ] 550 Civil Rights
[ ] 555 Prison Condition

FORFEITURE/PENALTY
[ ] 610 Agriculture
[ ] 620 Other Food & Drug
[ ] 625 Drug Related Seizure of Property 21 USC 881
[ ] 630 Liquor Laws
[ ] 640 R.R. & Truck
[ ] 650 Airline Regs.
[ ] 660 Occupational Safety/Health
[ ] 690 Other

LABOR
[ ] 710 Fair Labor Standards Act
[ ] 720 Labor/Mgmt. Relations
[ ] 730 Labor/Mgmt.Reporting & Disclosure Act
[ ] 740 Railway Labor Act
[ ] 790 Other Labor Litigation
[ ] 791 Empl. Ret. Inc. Security Act

IMMIGRATION
[ ] 462 Naturalization Application
[ ] 463 Habeas Corpus-Alien Detainee
[ ] 465 Other Immigration Actions

BANKRUPTCY
[ ] 422 Appeal 28 USC 158
[ ] 423 Withdrawal
28 USC 157

PROPERTY RIGHTS
[ ] 820 Copyrights
[ ] 830 Patent
[ ] 840 Trademark

SOCIAL SECURITY
[ ] 861 HIA (1395ff)
[ ] 862 Black Lung (923)
[ ] 863 DIWC/DIWW (405(g))
[ ] 864 SSID Title XVI
[ ] 865 RSI (405(g))

FEDERAL TAX SUITS
[ ] 870 Taxes (U.S. Plaintiff
or Defendant)
[ ] 871 IRS—Third Party
26 USC 7609

OTHER STATUTES:
[ ] 400 State Reapportionment
[ ] 410 Antitrust
[ ] 430 Banks and Banking
[ ] 450 Commerce
[ ] 460 Deportation
[ ] 470 Racketeer Influenced and Corrupt Organizations
[ ] 480 Consumer Credit
[ ] 490 Cable/Sat TV
[ ] 810 Selective Service
[ ] 850 Securities/Commodities/Exchange
[ ] 875 Customer Challenge 12 USC 3410
[ ] 890 Other Statutory Actions
[ ] 891 Agricultural Acts
[ ] 892 Economic Stabilization Act
[ ] 893 Environmental Matters
[ ] 894 Energy Allocation Act
[ ] 895 Freedom of Information Act
[ ] 900 Appeal of Fee Determination Under Equal Access to Justice
[ ] 950 Constitutionality of State Statutes

V. ORIGIN (Place an "X" in One Box Only)
[ ] 1 Original Proceeding
[x] 2 Removed from State Court
[ ] 3 Re-filed (see VI below)
[ ] 4 Reinstated or Reopened
[ ] 5 Transferred from another district (specify):<empty>
[ ] 6 Multidistrict Litigation
[ ] 7 Appeal to District Judge from Magistrate Judgment

VI. RELATED/RE-FILED CASE(S). (See instructions second page):
a) Re-filed Case:
[ ] YES
[ ] NO

b) Related Cases:
[x] YES
[ ] NO

JUDGE: <empty>
DOCKET NUMBER: 9:08-cv-8069-KAH

VII. CAUSE OF ACTION:
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
18 U.S.C. §2422(b)

LENGTH OF TRIAL via:<empty> days estimated (for both sides to try entire case)

VIII. REQUESTED IN COMPLAINT:
[ ] CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DEMAND S:
CHECK YES only if demanded in complaint:

JURY DEMAND:
[x] Yes
[x] No

ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE

SIGNATURE OF ATTORNEY OF RECORD: <signature>
DATE: March 19, 2009

FOR OFFICE USE ONLY
AMOUNT: 350$
RECEIPT #: 725609
IFP: <empty>
court-records/Doe v. Epstein, No. 909-v-80469 (S.D. Fla. 2009)/001.pdf
{"year":"2009","court":"S.D. Fla","people":["jeffrey epstein","sarah kellen","haley robson","steven m. larimore","isidro m. garcia","robert d. critton","jack goldberger"]}