EFTA01100300.pdf

12/21/2009 14:07 FAX SEARCY DENNEY 141001 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800)OOO(MBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L M., individually, Defendants, ANSWER AND COUNTERCLAIM OF DEFENDANT, BRADLEY J. EDWARDS Defendant, BRADLEY J. EDWARDS, individually, by and through his undersigned attorneys files his Answer and Counterclaim to the Complaint filed by Plaintiff, JEFFREY EPSTEIN, in the above-styled matter on December 7, 2009 as follows: ANSWER GENERAL ALLEGATIONS I. Defendant, EDWARDS, denies the allegations contained in Paragraph I and demands strict proof thereof. 2. Defendant, EDWARDS, admits the allegations contained in Paragraph 2. 3. Defendant, EDWARDS, admits the allegations contained in Paragraph 3. 4. Defendant, EDWARDS, admits the allegations contained in Paragraph 4. EFTA01100300  SEARCY DENNEY Eton 12/21/2000 14:08 FAX Epsteinv.R0thMADvAnswerAmIC0tworclabnofEdiAluls Page2c416 or deny the 5. Defendant, EDWARDS, is without knowledge to either admit tions and demands strict allegations contained in Paragraph 5 and thereby denies these allega proof thereof. ard 6. Defendant, EDWARDS, admits that he is an individual residing in Brow otherwise Defendant, County, Florida and is licensed to practice law in the State of Florida, raph 6 and demands strict EDWARDS, denies the balance of the allegations contained in Parag proof thereof. dual residing in 7. Defendant, EDWARDS, admits that Defendant, L.M. is an indivi ARDS in a civil lawsuit against Palm Beach County, Florida represented by RRA and EDW ented by RRA. Otherwise Epstein, and is now represented by EDWARDS but no longer repres contained in Paragraph 7 including Defendant, EDWARDS, denies the balance of the allegations ented by ROTHSTEIN and demands but not limited to the allegation that L.M. was ever repres strict proof thereof. a Florida Professional 8. Defendant, EDWARDS, admits that non-party RRA was Olas Boulevard, Suite 1650, Ft. Service Corporation, with a principal address of 401 East Las its on behalf of clients in Palm Lauderdale, FL 33401, and it conducted business and filed lawsu a lawsuit on behalf of L.M., nor did it file Beach County, Florida; however, RRA never filed Those lawsuits were filed by EDWARDS lawsuits on behalf of other victims against EPSTEIN. Defendant, EDWARDS, denies prior to any association with or knowledge of RRA. Otherwise 8 and demands strict proof thereof. the balance of the allegations contained in Paragraph EFTA01100301  IIdj000 SEARCY DENNEY 12/21/2009 14:08 FAX claimofEdwamb Epuenv.RmUmftin:AnswerandCounter Page 3 of 16 to either admit or deny the 9. Defendant, EDWARDS, is without knowledge t eby denies these allegations and demands stric allegations contained in Paragraph 9 and ther proof thereof. itself out as legitimately and 10. Defendant, EDWARDS, admits that RRA held rwise Defendant, EDWARDS is without properly engaging in the practice of law, othe and of the allegations contained in Paragraph 10 knowledge to either admit or deny the balance ands strict proof thereof. thereby denies these allegations and dem to either admit or deny the 11. Defendant, EDWARDS, is without knowledge eby den ies these allegations and demands strict allegations contained in Paragraph 11 and ther proof thereof. ge to either admit or deny the 12. Defendant, EDWARDS, is without knowled s strict eby denies these allegations and demand allegations contained in Paragraph 12 and ther proof thereof. ge to either admit or deny the 13. Defendant, EDWARDS, is without knowled t eby denies these allegations and demands stric allegations contained in Paragraph 13 and ther proof thereof. ge to either admit or deny the 14. Defendant, EDWARDS, is without knowled thereby denies these allegations and demands strict allegations contained in Paragraph 14 and proof thereof. ge to either admit or deny the 15. Defendant, EDWARDS, is without knowled s strict eby denies these allegations and demand allegations contained in Paragraph 15 and ther proof thereof. EFTA01100302  1 004 12/21/2000 14:08 FAX 5818845818 SEARCY DENNEY Epstein v. Rothstein: Answer and Counterclaim of Edwards Page4O16 the 16. Defendant, EDWARD$, is without knowledge to either admit or deny allegations and demands strict allegations contained in Paragraph 16 and thereby denies these proof thereof. raph 17. 17. Defendant, EDWARDS, admits the allegations contained in Parag Paragraph 18 and 18. Defendant, EDWARDS, denies the allegations contained in demands strict proof thereof. admit or deny the 19. Defendant, EDWARDS, is without knowledge to either tions and demands strict allegations contained in Paragraph 19 and thereby denies these allega proof thereof. or deny the 20. Defendant, EDWARDS, is without knowledge to either admit tions and demands strict allegations contained in Paragraph 20 and thereby denies these allega proof thereof. deny the 21. Defendant, EDWARDS, is without knowledge to either admit or these allegations and demands strict allegations contained in Paragraph 21 and thereby denies proof thereof. or deny the 22. Defendant, EDWARDS, is without knowledge to either admit allegations and demands strict allegations contained in Paragraph 22 and thereby denies these proof thereof against Epstein was 23. Defendant, EDWARDS, admits that the identity of claimants of Paragraph 23 are denied and shielded through the use of initials. All other allegations Defendant demands strict proof thereof. EFTA01100303  g005 12/21/2009 14:09 FAX SEARCY DENNEY aim of Edwards Epstein v. Ftothsteln: Answer and Countercl Page 5 of 16 ted claimants against Epstein on 24. Defendant, EDWARDS, admits that he represen Paragrap h 24 arc denied and Defendant demands strict behalf of RRA. All other allegations of proof thereof. ge to either admit or deny the 25. Defendant, EDWARDS, is without knowled t eby denies these allegations and demands stric allegations contained in Paragraph 25 and ther proof thereof. ons contained in Paragraph 26 and 26. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ons contained in Paragraph 27 and 27. Defendant, EDWARDS, denies the allegati demands strict proof thereof. to either admit or deny the 28. Defendant, EDWARDS, is without knowledge nst pt that EDWARDS admits the evidence agai allegations contained in Paragraph 28 exce Epstein was, in fact, real. ge to either admit or deny the 29. Defendant, EDWARDS, is without knowled thereby denies these allegations and demands strict allegations contained in Paragraph 29 and proof thereof. wledge to either admit or deny the 30. Defendant, EDWARDS, is without kno thereby den ies these allegations and demands strict allegations contained in Paragraph 30 and proof thereof. ge to either admit or deny the 31. Defendant, EDWARDS, is without knowled that EDWARDS specifically denies that he allegations contained in Paragraph 31 except the alleged unethical or illegal conduct. engaged in or had knowledge of any of EFTA01100304  SEARCY DENNEY 12/21/2009 14:09 FAX aim of Edwards Epstein v. Rothstein: Answer and Countercl Page 6 of 16 ge to either admit or deny the 32. Defendant, EDWARDS, is without knowled he pt that EDWARDS specifically denies that allegations contained in Paragraph 32 exce alleged unethical or illegal conduct. engaged in or had knowledge of any of the wledge to either admit or deny the 33. Defendant, EDWARDS, is without kno he that EDWARDS specifically denies that allegations contained in Paragraph 33 except alleged unethical or illegal conduct. engaged in or had knowledge of any of the ge to either admit or deny the 34. Defendant, EDWARDS, is without knowled s strict thereby denies these allegations and demand allegations contained in Paragraph 34 and proof thereof. ge to either admit or deny the 35. Defendant, EDWARDS, is without knowled ies that he except that EDWARDS specifically den allegations contained in Paragraph 35 alleged unethical or illegal conduct. engaged in or had knowledge of any of the sed three of Epstein's pilots, and 36. Defendant, EDWARDS, admits that he depo gations rwis e Defendant denies the balance of the alle sought the deposition of a fourth pilot, othe proof thereof. of Paragraph 36 and demands strict ge to either admit or deny the 37. Defendant, EDWARDS, is without knowled s strict thereby denies these allegations and demand allegations contained in Paragraph 37 and proof thereof. ons contained in Paragraph 38, except 38. Defendant, EDWARDS, admits the allegati oena Tommy Mattola. that EDWARDS denies that he sought to subp EFTA01100305  SEARCY DENNEY O007 12/21/2009 14:09 FAX Epstein v. Rothstein: Answer and Counterclaim of Edwards Page 7 of 16 or deny the 39. Defendant, EDWARDS, is without knowledge to either admit these allegations and demands strict allegations contained in Paragraph 39 and thereby denies proof thereof. 40. 40. Defendant, EDWARDS, admits the allegations contained in Paragraph raph 41 and 41. Defendant, EDWARDS, denies the allegations contained in Parag demands strict proof thereof. raph 42 (a) and 42. Defendant, EDWARDS, denies the allegations contained in Parag , admits that he, Berger and Russell (b) and demands strict proof thereof. Defendant, EDWARDS in's deposition, otherwise Defendant, Adler (another named partner in RRA) all attended Epste in Paragraph 42 (c). Defendant, EDWARDS, denies the balance of the allegations contained raph 42 (d) and demands strict proof EDWARDS, denies the allegations contained in Parag ned in Paragraph 42 (e) and thereof. Defendant, EDWARDS, denies the allegations contai admits that he addressed the Court on July demands strict proof thereof, except that EDWARDS statements is the official transcript of that 31, 2009, and the best evidence of the content of his filed a Motion for Injunction Restraining proceeding. Defendant, EDWARDS, admits that he to Take Charge of Property of Fraudulent Transfer of Assets, Appointment of a Receiver Judgment, in Jane Doe v. Epstein, Epstein, and to Post a $15 million Bond to Secure Potential reported in the press. Defendant, Case No. 08-CV-80893-Marra/Johnson. The motion was e of the allegations contained in EDWARDS, admits that the motion was denied. The balanc strict proof thereof. Defendant, Paragraph 42 (f) are denied and Defendant demands the allegations contained in Paragraph EDWARDS, is without knowledge to either admit or deny proof thereof. Defendant, 42 (g) and thereby denies these allegations and demands strict EFTA01100306  Qq008 SEARCY DENNEY 12/21/2000 14:10 FAX eoeds Epueinv.Rothstelnnsweram1CountemlahnofE4 Page8of16 ed in Paragraph 42 (h) and demands strict proof EDWARDS, denies the allegations contain and the allegations contained in Paragraph 42 (i) thereof. Defendant, EDWARDS, denies ARDS, admits the allegations contained in demands strict proof thereof. Defendant, EDW the is without knowledge to either admit or deny Paragraph 42 (h). Defendant, EDWARDS, ands strict and thereby denies these allegations and dem allegations contained in Paragraph 42 (k) w the adm its that they knew what it said and they kne proof thereof. Defendant, EDWARDS, il Actions. act whatsoever on the three pending Civ civil provisions in the agreement had no imp resolve in the NPA was to allow an alleged victim to The concept behind certain civil provisions e on with her complete privacy and anonymity and mov a civil claim with Epstein, maintain her y the is without knowledge to either admit or den life, otherwise, Defendant, EDWARDS, balance of the Paragraph 42 (1) and therefore denies the balance of the allegations contained in demands strict proof thereof. allegations contained in Paragraph 42 (I) and wledge to either admit or deny the 43. Defendant, EDWARDS, is without kno s strict thereby denies these allegations and demand allegations contained in Paragraph 43 and proof thereof. gations contained in Paragraph 44 and 44. Defendant, EDWARDS, denies the alle demands strict proof thereof. contained in Paragraph 45 and 45. Defendant, EDWARDS, denies the allegations demands strict proof thereof. gations contained in Paragraph 46 and 46. Defendant, EDWARDS, denies the alle demands strict proof thereof. EFTA01100307  lt009 SEARCY DENNEY 12/21/2009 14:10 FAX ards Epstein v. Rothstein: Answer and Counterclaim of Edw Page 9 of 16 . gave a sworn taped statement to the 47. Defendant, EDWARDS, admits that L.M ent of l proceedings. The best evidence of the cont FBI and a subsequent deposition in the civi these statements is the transcript of each. gations contained in Paragraph 48 and 48. Defendant, EDWARDS, denies the alle demands strict proof thereof. gations contained in Paragraph 49 and 49. Defendant, EDWARDS, denies the alle demands strict proof thereof. ons contained in Paragraph 50 and 50. Defendant, EDWARDS, denies the allegati demands strict proof thereof. contained in Paragraph 51 and 51. Defendant, EDWARDS, denies the allegations demands strict proof thereof. gations contained in Paragraph 52 and 52. Defendant, EDWARDS, denies the alle demands strict proof thereof. gations contained in Paragraph 53 and 53. Defendant, EDWARDS, denies the alle demands strict proof thereof. inal Fla. Stat.—Florida Civil Remedies for Crim Count I—Violation of 44772,101. et sea.. Practice s Act —Against All Defendants ies the allegations contained in Paragraphs 54. Defendant, EDWARDS, admits or den 1-53 as previously set forth herein. allegations contained in Paragraph 55 and 55. Defendant, EDWARDS, denies the demands strict proof thereof EFTA01100308  1010 SEARCY DENNEY 12/21/2000 14:10 FAX aim of Edwards Epstein v. Rothstein: Answer and Countercl Page lOof 16 ons contained in Paragraph 56 and 56. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ons contained in Paragraph 57 and 57. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ons contained in Paragraph 58 and 58. Defendant, EDWARDS, denies the allegati demands strict proof thereof. contained in Paragraph 59 and 59. Defendant, EDWARDS, denies the allegations demands strict proof thereof. " Influenced and Corrupt Organization Act Count II—Florida RICO —"Racketeer inst All Defendants Pursuant to 64895.0), et seq., Fla—Stat. (2009). Aga the allegations contained in Paragraphs 60. Defendant, EDWARDS, admits or denies 1-53 and 55-59 as previously set forth herein. ons contained in Paragraph 61 and 61. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ons contained in Paragraph 62 and 62. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ons contained in Paragraph 63 and 63. Defendant, EDWARDS, denies the allegati demands strict proof thereof. dge to either admit or deny the 64. Defendant, EDWARDS, is without knowle g Defend ant, EDWARD$, admits that as of the filin allegations contained in Paragraph 64 except , otherwise only been brought against ROTHSTEIN of this Complaint, criminal charges have EFTA01100309  ,1011 41 SEARCY DENNEY 12/21/2009 14:10 FAX terclaim of Edwards Epstein v. Rothstein: Answer and Coun Page 11 of 16 of the allegations contained in Paragraph 64 and Defendant, EDWARDS, denies the balance demands strict proof thereof. ons contained in Paragraph 65 and 65. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ons contained in Paragraph 66 and 66. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ons contained in Paragraph 67 and 67. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ons contained in Paragraph 68 and 68. Defendant, EDWARDS, denies the allegati demands strict proof thereof. st All Defendants Count III—Abuse of Process—Again allegations contained in Paragraphs 69. Defendant, EDWARDS, admits or denies the herein. 1-53, 55-59 and 61-68 as previously set forth ons contained in Paragraph 70 and 70. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ons contained in Paragraph 71 and 71. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ons contained in Paragraph 72 and 72. Defendant, EDWARDS, denies the allegati demands strict proof thereof. Count IV—Fraud—Against AllDefendants gations contained in Paragraphs 73. Defendant, EDWARDS, admits or denies the alle ly set forth herein. 1-53, 55-59, 61-68 and 70-72 as previous EFTA01100310  ib 012 SEARCY DENNEY 12/21/2009 14:11 FAX of Edwards Epstein v. Rothstein: Answer and Counterclaim Rage 12 of 16 ons contained in Paragraph 74 and 74. Defendant, EDWARDS, denies the allegati demands strict proof thereof. tained in Paragraph 75 and 75. Defendant, EDWARDS, denies the allegations con demands strict proof thereof. MIDefendants O2nspiracy to Commit Fraud—Against ies the allegations contained in Paragraphs 76. Defendant, EDWARDS, admits or den iously set forth herein. 1-53, 55-59. 61-68. 70-72 and 74-75 as prev ons contained in Paragraph 77 and 77. Defendant, EDWARDS, denies the allegati demands strict proof thereof. gations contained in Paragraph 78 and 78. Defendant, EDWARDS, denies the alle demands strict proof thereof. ons contained in Paragraph 79 and 79. Defendant, EDWARDS, denies the allegati demands strict proof thereof. ersigned attorneys to defend this 80. Defendant, EDWARDS, has retained the und a reasonable fee and costs. action against him and has agreed to pay them ed are denied. 81. All allegations not otherwise expressly address s the claims against him, EDWARDS demand WHEREFORE, having fully answered isions and costs pursuant to the prevailing party prov judgment in his favor and an award of fees ch Epstein has brought his claims. of the applicable statutes pursuant to whi COUNTERCLAIM Jeffrey Epstein (EPSTEIN) and alleges: Bradley J. Edwards (EDWARDS) sues EFTA01100311  il21013 SEARCY DEI4NEY 12/21/2009 14:11 FAX Epstein v. Rothstein: Answer and Counterclaim of Edwards Page 13 of 16 um 1. This is an action for damages in an amount in excess of the minim jurisdictional limits of this Court. ty, Florida, 2. Counter/plaintiff, EDWARDS, is sui juris, resides in Broward Coun a at all times material hereto. and is an attorney licensed to practice in the State of Florid Beach County, 3. Counter/defendant, EPSTEIN, is sui jtuis and is a resident of Palm Florida. ment pursuant to 4. EPSTEIN is a convicted felon having entered into a plea agree sexual activity with a large number of which he effectively conceded his having engaged in illicit both State and Federal crimin al female children over an extended period of time in violation of laws. of the cases 5. EPSTEIN was sued civilly by a large number of his victims. Many ng, as a consequence of which EPSTEIN against him have been settled and others remain pendi for both compensatory and punitive continues to face the potential of huge civil judgments criminal exploitation of children including damages in favor of many victims of his depraved victims represented by EDWARDS. tedly asserted 6. In the face of overwhelming evidence of his guilt, EPSTEIN repea refused to answer any substantive his Fifth Amendment Right against self-incrimination and s. Lacking any substantive questions regarding his sexual exploitation of his minor victim avoid his compensatory and punitive defense to the claims against him, EPSTEIN sought to at his disposal to intimidate his liability by employing the extraordinary fi nancial resources ing those claims for substantially less victims into abandoning their legitimate claims or resolv than their just value. EFTA01100312  1ThOi4 SEARCY DENNEY 12/21/2009 14:11 FAX Eptehl V. Rothstein: Answer and counteretanu of Edwards Page 14 of 16 have proven successful, while other 7. In some circumstances, EPSTEIN's tactics assault upon them and have persisted in the victims have thus far withstood this continued ecution S' clients are among those who continue the pros prosecution of their claims. EDWARD of their claims. behalf of his clients, EDWARDS has 8. While prosecuting the legitimate claims on action roper conduct nor has EDWARDS taken any not engaged in any unethical, illegal, or imp TEIN ly represent the interests of his clients. EPS inconsistent with the duty he has to vigorous e. has no reasonable basis to believe otherwis ms herein against EDWARDS and 9. Nevertheless, EPSTEIN has filed the clai of further attempting to intimidate EDWARDS, EDWARDS' client, L.M, for the sole purpose and their legitimate claims for less than their just L.M., and others into abandoning or settling reasonable value. ed that EDWARDS was a knowing 10. EPSTEIN has in his Complaint directly alleg re there is enterprise when EPSTEIN was well awa that participant in a civil theft and criminal is such false assertions. Indeed, his Complaint absolutely no evidence whatsoever to support ort for and innuendo and is entirely devoid of factual supp replete with speculation, conjecture, for his total disregard for the lack of any predicate his spurious allegations. Indicative of his ation requirement for written notice prior to the initi claims, EPSTEIN has ignored the statutory of a civil theft claim. in exercising such illegal, improper, 11. EPSTEIN has ulterior motives and purposes ., and ose was to put pressure on EDWARDS, L.M and perverted use of process. His real purp EFTA01100313  tants SEARCY DENNEY 12/21/2009 14:12 FAX Edwards Epstein v. Rothstein: Answer and Counterclaim of Page 15 of 16 to nothing more than a press release issued under the other victims by publishing what amounts cloak of protection of the litigation privilege. as alleged, EDWARDS has suffered 12. As a result of EPSTEIN's wrongful conduct g but not limited to injury to his reputation, and will continue to suffer damages includin to be s, the loss of the value of his time required interference in his professional relationship TEIN's ies, and the cost of defending against EPS diverted from his professional responsibilit spurious and baseless claims. ry judgment against EPSTEIN for compensato WHEREFORE, EDWARDS demands er the relief as the Court may deem appropriate und