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09-
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IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FL
CRIMINAL DIVISION

STATE OF FLORIDA

VS

JEFFREY EPSTEIN

Defendant.

CASE NO. 06 CF9454AMB W
08 9381CFAMB

PLEA CONFERENCE

CIRCUIT CRIMINAL ACH COUNTY FL R. BOCK. CLERK 2008 JUL 22 PM 3: 12

PRESIDING: HONORABLE DEBORAH DALE PUCILLOS

## APPEARANCES:

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

ORIGINAL

FILED

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



PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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BE IT REMEMBERED that the following proceedings were had in the above-entitled cause before the HONORABLE DEBORAH DALE PUCILLO, one of the judges of the aforesaid court, at the Palm Beach County Courthouse, located in the City of West Palm Beach, State of Florida on June 20, 2008 beginning at 8:40 o'clock, a.m. with appearances as hereinbefore noted, to wit: THEREUPON:

MR. GOLDBERGER: Good morning, Judge,

Jack Goldberger on behalf of Jeffrey
Epstein.

THE COURT: Good morning.

MR. GOLDBERGER: Your Honor, we are here for a plea conference. THE COURT: Raise your right hand.

THEREUPON:

JEFFREY EPSTEIN, after being called as a witness by the Defense and after being first duly sworn by the Court, was examined and testified as follows:

THE DEFENDANT: Yes, ma'am. THE COURT: Is this one case or two? MS. BELOHLAVEK: Two. THE COURT: May I see the PC

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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affidavit in both cases, please? MS. BELOHLAVEK: There are no PC affidavits. There was originally an Indictment, the second charge was filed arising out of the booking. It was all testimony presented to the grand jury.

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

THE COURT: Let me see the Indictment

then?

I have one Indictment, one

Information?

MS. BELOHLAVEK: Correct. THE COURT: So one case is charged by Indictment, one is ch~rged by Information?

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MS. BELOHLAVEK: Correct.



THE COURT: In case 2006036744 you are charged with procuring a person under 18 for prostitution, a second degree felony, maximum penalty of fifteen years Department of Corrections; minimum, some period of probation. No mandatory minimum apply, is that correct, State?

MS. BELOHLAVEK: Correct. THE COURT: And in case number 06 9454CF, you are charged with felony solicitation to prostitution, a third



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degree felony, punishable by a maximum penalty of five years in the Department of Corrections, and a minimum, probation. No mandatory minimums, correct?

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MS. BELOHLAVEK: Correct.
THE COURT: The defendant has no
prior criminal record?

MS. BELOHLAVEK: Correct.
MR. GOLDBERGER: Yes, Your Honor.
THE COURT: You checked the NCIC as
well as State records?
MS. BELOHLAVEK: Yes.

THE COURT: And the guideline score sheet I have before me shows 21.5 months in the Department of Corrections as the lowest permissible prison sentence in months. Both sides agree to the preparation of the guideline score sheet?

MR. GOLDBERGER: We so agree, Your
Honor.

MS. BELOHLAVEK: Yes.
THE COURT: What is proposed -- it 
goes on for pages.

MR. GOLDBERGER: Your Honor, much of the documentation is acknowledgement by my



PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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client to community control, sex offender

status.

THE  COURT: I understand.

Okay. What is proposed -- those

are the maximums and minimums, Mr. Epstein. What is proposed is that you will be pleading guilty to felony solicitation to prostitution and procuring a person under 18 for prosecution. A PSI would be waived, you would be adjudicated guilty of both felonies, is that correct?

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MS. BELOHLAVEK: Correct.

THE COURT: And on 06 9454, the

defendant to be sentenced to 12-months in

the Palm Beach County -- detention

facility? He's going to do time in the

jail?

MS. BELOHLAVEK: Yes. THE COURT: With credit for one day served. And on 08 9381, he is to be sentenced to six months in the Palm Beach County jail detention facility, with credit for one day served. And the six month sentence is to be served consecutive to the 12 month sentence?



PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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MS. BELOHLAVEK: Correct.

THE COURT: Following the six months

sentence, the defendant will be placed on

12-months of community control one. The

conditions of the community control are

attached hereto and incorporated herein.

As a special condition of

community control, he's to have no unsupervised contact with minors and the supervising adult must be approved -- and I would say, pre-approved, approved ahead of time, not after the fact by the Department of Corrections. And you would mean by that his community control officer?



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MS. BELOHLAVEK: Correct.

THE COURT: The defendant is

designated as a sexual offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The defendant must provide a DNA sample in court at the time of this plea. Is this the -- and the attachments are the terms and conditions of community control. There are some



PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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squiggles on the bottom of the page, what would those squiggles be?

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

MR. GOLDBERGER: Thank you, Your Honor, those are my client's signature acknowledging that we have gone over all the conditions.

THE COURT: One page after the plea sheet that really spells out the terms and conditions of community control, Florida Statute 948.101, Mr. Epstein, is that squiggle at the bottom your squiggle?

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THE DEFENDANT: Yes, ma'am.

THE COURT: Would those be your

initials?

THE DEFENDANT: Yes, ma'am.

THE COURT: Did you read all of that.

page?



THE DEFENDANT: Yes, ma'am.

THE COURT: Can you read?

THE DEFENDANT: Yes, ma'am.

THE COURT: How far did you go in

school?

THE DEFENDANT: High school.

THE COURT: That's your highest

degree?



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THE DEFENDANT: Yes. THE COURT: And is this your signature on the plea sheet that recites the terms of the plea I just read? THE DEFENDANT: Yes, ma'am. THE COURT: Did you read that document as well?

THE DEFENDANT: Yes, ma'am.

THE COURT: You understand once you do your 12 months followed by your six months all in the Palm Beach County jail you will then be put on community control which involves having an electronic monitor attached to you and --

MR. GOLDBERGER: Actually Your Honor,

the agreement of the parties is to, it's community control one which is not monitor.

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

THE COURT: Oh, community control one, is that spelled out in here?

MS. BELOHLAVEK: Yes.
MR. GOLDBERGER: Yes, it is, Your

Honor.

MS. BELOHLAVEK: He does not fall



under the Jessica Lunsford Act which
requires the bracelet.



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THE COURT: Community control two.

MS. BELOHLAVEK: Correct.

THE COURT: Community control one

that would be no electronic monitor?

MR. GOLDBERGER: That is correct.
THE  COURT:  Now  which  of  the  terms 

and  conditions  of  community  control  one  are 
you  incorporating?

MR. GOLDBERGER: I can go through

them  with  Your  Honor.

THE COURT: None of the them appear to be articulated in the plea sheet which is why I'm asking.

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THE COURT: The Court shall require intensive supervision and surveillance for an offender placed on community control which may include but is not limited to specified contact with the parole and

MR. GOLDBERGER: These are the standard conditions of community control by statute would apply to anyone that goes on community control and out of an abundance of caution, we simply memorialized those standard conditions in the plea sheet agreement.





PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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probation officer, specified by who?

PROBATION OFFICER: Specified by you,
Your Honor.

THE COURT: I don't see that in the

plea sheet. That's why I'm asking the questions. No one has specified how often, how frequently he is to have contact with his parole and probation officer. Confinement to an agreed upon residence during the hours away from employment and public service activity, has that been articulated?

MS. BELOHLAVEK: I believe Judge McSorley has a standard order somewhere on the bench up there regarding this, I'm told by the prosecutor.

MS. LENHARDT: Judge, usually this is

the probation sheet she hands out to folks.

THE COURT: I have seen those sheets -- I have seen them incorporated in plea agreements which is why I'm asking.

MR. GOLDBERGER: I see.

THE COURT: Is there some reason you

didn't use this particular document in this

case?



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MS. BELOHLAVEK: I didn't realize until Ms. Lenhardt just told me that Judge Mcsorley has that.

MR. GOLDBERGER: We'd be happy to execute that document, Your Honor. we were -- we overreacted by just having him sign off on all conditions of community control.

THE COURT: Well, this is --

MR. GOLDBERGER: Perhaps the better
practice would be



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THE COURT: This is, the reason Judge McSorley does this which makes ultimate sense is we're going to be here half the morning if we're going to decide among ourselves now what the

MR. GOLDBERGER: That makes sense. THE COURT: I'm not going to leave this just unspecified.

MS. BELOHLAVEK: We can take care of that right now if you could give us a few minutes.

THE COURT: All right. These are the standard conditions that Judge McSorley normally uses. If you like them, you need to circle the ones that



PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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apply and everyone must initial them. we

will go over it. If you wish to change you understand there is quite a bit of latitude given the court in putting somebody on community control. If you agree to some change, let me know, but understand at the outset that I'm a big fan of specificity. I want to know what he will be doing for employment. I want to know exactly where. he is going to.be living and I want it on the record now. rt. can change but it can only change with preapproval by DOC. I want it crystal clear. I don't want the community control officer who gets this case the day he walks out the Palm Beach County to have any doubt or confusion as to exactly what this defendant is supposed to do, where he is supposed to be when, exactly what I am requesting that officer to supervise.

MS.  BELOHLAVEK:  Absolutely.

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

THE COURT: Okay. MR. GOLDBERGER: We will work on it. Thank you, Your Honor. THE COURT: We will recall that case.



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(Brief  recess.)

MR. GOLDBERGER: Your Honor, we are back on Jeffrey Epstein, actually it worked, we had an opportunity to go through Judge McSorley's conditions of community control and we asked the Department of Corrections representative to assist us to make sure we did everything properly. They were very helpful and we executed the document.

MS. BELOHLAVEK: Yes, and Your Honor,



this defendant doesn't fall under the sex offender probation but we have included special sex offender conditions as part of the community control and they are all circled there.

THE COURT: The plea agreement stated

the defendant is designated as a sexual

offender pursuant to Florida Statute

942.035.

MS. BELOHLAVEK: Correct. But the sex offender probation, the statute is different and only applies to certain offenses and this one was not enumerated.



THE COURT: Okay. I want to make

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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sure both I and the defendant are clear.

The sexual offender statute you are referring to in the plea sheet is the one that requires registration?

MS. BELOHLAVEK: Correct.

MR. GOLDBERGER: Correct.

THE COURT: And we will talk about

that.

MR.  GOLDBERGER:  Okay.

THE COURT: But it is not the one that requires the special conditions of sex offender probation?

MS. BELOHLAVEK: Correct.

THE COURT: Now, rather than 948, do

you want me to disregard 948? He's read

it?

MS. BELOHLAVEK: He's read it. THE COURT: We will leave it in there. But these conditions we are going to go over right now are going to be viewed in my mind, yes, and they have been signed by the defendant and we will go over that in a second as a part of the whole plea.



MS. BELOHLAVEK: Correct.

THE COURT: So circled are

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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conditions, A, you will remain confined to your residence except one half hour before and after your approved employment, community service work or any other activity approved by your probation officer.

B, you will maintain an hourly

accounting of all your activities on a daily log which you will submit to your supervising officer upon request.

My understanding about the daily

log, maybe I'm just confused from other cases I've heard, is the daily log is a weekly log, I guess it is submitted ahead of time, is that correct?

PROBATION OFFICER: That is correct,

Your Honor.

THE COURT: So part A, where he has
to stay in his residence except for one
hour before and after the approved
employment, community service work and
other activity. All that's information
that will be recorded in writing and the
defendant will have a copy and he will know
exactly where he is supposed to be when.

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER



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PROBATION OFFICER: That is correct,

Your Honor.

THE COURT: As will his supervising

probation officer. And then to document

that he's supposedly done all that he

himself will be keeping a daily log?

PROBATION OFFICER: That is correct,

Your Honor.

THE COURT: And the log form will be

provided by the department and he will be turning that in every time he meets with the probation officer?

PROBATION OFFICER: That is correct,

Your Honor.

THE COURT: Okay. So that applies and F applies. Does E apply? No.

MS. BELOHLAVEK: Did I circle E? THE COURT: No. F made one up, the defendant will be residing at 358 El Brillo Way, Palm Beach, Florida, 33480. He knows now that that's where he will be living when he is released after his 12 months and six months.

MR. GOLDBERGER: That is correct,

Your Honor.



PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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THE COURT: That's a private

residence?

MR. GOLDBERGER: That is his home.

THE COURT: Does he own the

residence?

MR. GOLDBERGER: He does, Your Honor.

THE COURT: Is there any possibility

that he no longer owns the residence?

MR. GOLDBERGER: Not anticipated,

Your Honor.

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

THE COURT: Okay. Should he not be for whatever reason 18 months is a long time, should he not be owning that residence or able to reside there, he will have the obligation of notifying his probation officer prior, and I emphasize this, prior to his release from custody. I assume that the department will be notified prior to, to his release?

PROBATION OFFICER: That is correct,

Your Honor.

THE COURT: And then you would need to send someone to meet with him before he walks out of the Palm Beach County jail and verify his address and employment



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information?

PROBATION OFFICER: That is correct.

THE COURT: All address -- I assume all of this to and from work and any other approved activities restricts him to Palm Beach County, is that correct?

PROBATION OFFICER: That is correct,

Your Honor.

THE COURT: So let's be clear,

everything, from the day he walks out occurs in Palm Beach County, is that clear?

MR. GOLDBERGER: We understand, Your

Honor.  That's  correct.

THE COURT: Then the additional condition of his probation, they are not sex offender standard conditions, they are just conditions that are being imposed especially in this case?

MS. BELOHLAVEK: Correct.

THE COURT: They are as follows, you shall submit to a mandatory curfew from 10 p.m. to 6:00 a.m. regardless of any other restrictions regarding work or approved activity, there will be no exceptions to being at home in house from 10 p.m. to 6

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER





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a.m., is that correct?

MS. BELOHLAVEK: Yes. THE COURT: If the victim was under age of 18 years which I gather is the case because it's circled, you shall not live within 1000 feet of a school, day care center, park, playground or other place where children regularly congregate.

Has someone verified that 358 El Brillo is such a place?

MS. BELOHLAVEK: No, but that will be

done prior to his release.

THE COURT: So 358 El Brillo will not be approved if it should happen to be one thousand feet from a school, day care center, park, playground or other place this is rather open.

MR.  GOLDBERGER:

Where  children 

gather.

THE  COURT:  Where  children  regularly 

congregate.

MS. BELOHLAVEK: Right.

THE COURT: The Court knows 358 El

Brillo Way is a residential neighborhood,

are there areas there where children



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regularly congregate?

MS. BELOHLAVEK: I personally  do  not 
know.

THE COURT: Neither do I, which is

why I'm asking. Has that been

investigated?

MR. GOLDBERGER: We have done our due

diligence, for what it's worth, there is a

residential street. There are not children

congregating on that street. We think the

address applies, if it doesn't, we fully

recognize that he can't live there.

THE COURT: Okay. D is, you shall not have any contact with the victim, are there more than one victim?

MS. BELOHLAVEK: There's  several.

THE COURT: several, all of the victims. So this should be plural. I'm making that plural. You are not to have any contact direct or indirect, and in this day and age I find it necessary to go over exactly what we mean by indirect. By indirect, we mean no text messages, no e-mail, no Face Book, no My Space, no telephone calls, no voice mails, no

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messages through carrier pigeon, no

messages through third parties, no hey would you tell so and so for me, no having a friend, acquaintance or stranger approach any of these victims with a message of any sort from you, is that clear?

THE DEFENDANT: Yes, ma'am

THE COURT: And then it states,

unless approved by the victim, the

therapist and the sentencing court. Okay.

THE  DEFENDANT:  I  understand.

THE COURT: And the sentencing court. So, if there is a desire which, I would think would baa bit strange to have contact with any of the victims the court must approve it.

MS. BELOHLAVEK: Correct.

THE COURT: If the victim was under the age of 18, which was the case, you shall not until you have successfully attended and completed the sex offender program. So, is this sex offender program becoming a condition of probation? MS. BELOHLAVEK: That is not. I don't believe I circled that one.



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THE COURT: You did.

MR. GOLDBERGER: That's a mistake on

our part. Actually the statute that he is

pleading guilty to does not require the --

THE COURT: I understand that, but

you circled it.

MS. BELOHLAVEK: I apologize, that

one is not. He has already been in treatment with a private psychiatrist.

THE COURT: Which you find to be an

adequate substitute for sex offender

program?

MS. BELOHLAVEK: I - - it is not

required and based upon the evaluation and my contact with that doctor, I don't believe it's necessary at this point.

THE COURT: Has that been -- I assume

you have a law degree and do not have a Ph.Din a psychology or MD in psychiatry? MS. BELOHLAVEK: That is correct, I

don't.

THE COURT: So it is just your

judgement

MS. BELOHLAVEK: Correct.

THE COURT: that his treatment



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with some fancy private psychiatrist or psychologist in his case is okay?

MS. BELOHLAVEK: That is correct.

THE COURT: So you are not imposing

E?

MS.  BELOHLAVEK:  Correct.

THE COURT: F, if the victim was under the age of 18, you shall not work or play or as a volunteer in any school, day care center, park, play ground or other place where children regularly congregate, is that understood?

THE DEFENDANT: Yes, ma'am.

THE COURT: Children will be defined

as anyone under the age of 18. There are a

lot of places where children regularly

congregate. What kind of work do you do?

THE DEFENDANT: Banking.

THE COURT: Here in Palm Beach

County?

THE DEFENDANT: Virgin Islands,

ma'am.

THE COURT: You understand you will not travel from Palm Beach County for the duration of this?

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PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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THE  DEFENDANT:  Yes,  ma'am.

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

MR. GOLDBERGER: Your Honor, I'm sorry to interrupt, we do cover the employment later in the agreement as to what he is going to be doing during the one year that he is on community control.

THE COURT: Okay. And let me

condition G, which is circled, unless

otherwise indicated in the treatment plan

provided by sexual offender treatment

program.

MR. GOLDBERGER: That's not in there.

THE COURT: Is that what you want? MS. BELOHLAVEK: No. THE COURT: But you do want the, you will not view, own or possess any obscene pornographic --



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MS. BELOHLAVEK: Correct.

THE COURT: Okay. But are you saying

that this therapist can okay him to own

certain pornographic material?

MS. BELOHLAVEK: No, not at all.

MR. GOLDBERGER: No, Your Honor.

THE COURT: Would be really helpful

if people read these things before they



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signed them thoroughly.

Unless otherwise indicated in the treatment plan. I'm just going to strike out, provided by the sexual offender treatment program. Is that what you intend, that his therapist can --

MS. BELOHLAVEK: No.

THE COURT: No?

MS. BELOHLAVEK: No.

THE COURT: Unless otherwise

indicated.



MR. GOLDBERGER: The parties have

agreed that during the period that he is

cannot be --

THE COURT: Condition G will now

read, you shall not view, own, possess any

obscene, pornographic or sexually

stimulating visual or auditory material

including telephonic, electronic media,

computer program or computer services that

are relevant to your deviant behavior

pattern. And who is going to enforce that?

MS. BELOHLAVEK: The community

control officer.



THE  COURT: How?

PHYLLIS A. DAMES, OFF·ICIAL COURT REPORTER

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MS. BELOHLAVEK: They have the

obligation and included in there for

warrantless search to check at any time his

home, his computer, anything he has contact

with.

THE COURT: And do they regularly do

that?

PROBATION OFFICER: Yes, ma'am.

THE COURT: Since we have the

pleasure of having someone from the

Department of Corrections here.



Okay. H, you shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered in the DNA data bank.

J, you shall submit to a warrantless search by your probation officer or community control officer of your person, residence or vehicle.

Gwhere is the G?

MS. BELOHLAVEK: That was under the

original part, not under the sex offender

one.

THE COURT: Okay. Defendant to have contact with the community control officer

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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at a minimum one time a week.

Defendant to work at Florida Science Foundation, 250 Australian Avenue, West Palm Beach, Florida. Is that volunteer work or work for pay?

MR. GOLDBERGER: It is a 501C

corporation that he has formed, Your Honor, that will be doing charitable work.

THE COURT: That he has formed?

MR. GOLDBERGER: Yes.

THE COURT: What exactly is Florida

Science Foundation?

MR. GOLDBERGER: Do you want to

explain?

THE DEFENDANT: It funds science

programs around the state and the country.

THE COURT: How long has it been in

existence?

THE DEFENDANT: Fifteen years.

THE COURT: How many programs has it

funded?

THE DEFENDANT: Numerous, more than

50.

THE COURT: What is your position

with the organization?

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THE DEFENDANT: President.

THE COURT: Is there a board of

directors?

THE DEFENDANT: Yes, ma'am.

THE COURT: Who's on the board of

directors?

THE DEFENDANT: Two attorneys.

THE COURT: What exactly do you do?

THE DEFENDANT: I'm an investment

banker but my --

THE COURT: No, no, I mean with the

science foundation.

THE DEFENDANT: We fund

science programs

THE COURT: I don't want to know what we do, I want to know what you do. How often are you there?

THE DEFENDANT: I'm there every day, I research, I take in people who want to make presentations about why they need money for funding medical research, advanced science research. My background is in physics. I go through all the programs in detail, review the science work potentials, I follow through on a daily



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basis with what they have been given money to do.

THE COURT: Who are some recent

grantees?

THE  DEFENDANT:  Harvard  University.

There is a full program of Evolutionary Dynamics, Neuro Science Institute of California, the Physics Institute, MIT.

THE COURT: Do you ever have occasion to deal with anyone under the age of eighteen?

THE DEFENDANT: Not very often. It

is, if someone is in college sorry.

THE COURT: Right, that's why I'm

asking the question.

THE DEFENDANT: Most of the people I

fund are all usually professors.

THE COURT: Thank you. You

understand that you can't have contact with

anyone if -- this organization, do they

ever have any involvement with high

schools?

THE DEFENDANT: No, ma'am.

THE COURT: Students or teachers?

THE DEFENDANT: No, ma'am.



PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

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THE  COURT:  Okay.

MS. BELOHLAVEK: Those are duplicates, you will see those are the same as the ones on the previous page, however, it was reproduced.

THE COURT: The next condition, you shall maintain a driving log. You shall not drive a motor vehicle while alone without prior approval of your supervising officer.

If there was sexual contact, you

shall submit to at probationer's or community controllee•s expense an HIV test with results to be released to the victims, victim's parent or guardian will be victims, plural. Has that been done? MR. GOLDBERGER: Not yet.

PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

THE COURT: Do we have a time frame on that? I would think ASAP might be good on something like that.

MS. BELOHLAVEK: I believe they can

actually do that at the jail. THE COURT: At his expense? MS. BELOHLAVEK: Yes. THE COURT: I would request that that



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