EFTA00800143.pdf

DRAFT; PRIVILEGED; ATTORNEY WORK PRODUCT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X MARVIN GERBER AND KALMA KOENIG, : on behalf of themselves and all others similarly : situated, Plaintiffs, Index No. 1:18-cv-07580-JPO -against- THE FINANCIAL TRUST COMPANY, XYZ CORPORATION, ABC, INC., and JEFFREY E. EPSTEIN, Defendants. X DECLARATION OF BENNET J. MOSKOWITZ BENNET J. MOSKOWITZ hereby declares as follows: I. I am a member of the bar of the State of New York. I am a partner at Troutman Sanders LLP, attorneys of record for Defendants The Financial Trust Company ("FTC") and Jeffrey E. Epstein (together with FTC, the "Defendants"). I am fully familiar with the facts and circumstances set forth herein. 2. I submit this declaration in support of Defendants' Motion to Dismiss plaintiffs Marvin Gerber and Kalma Koenig's (together, the "Plaintiffs") Complaint [Doc. 7], in its entirety and with prejudice. A copy of Plaintiffs' Complaint is attached hereto as Exhibit A. 3. A copy of the sentencing opinion in U.S. v. Hoffenberg, 94-cr-213 (RWS), 1997 WL 96563 (S.D.N.Y. Mar. 4, 1997), is attached hereto as Exhibit B. 36343433v1 EFTA00800143 DRAFT; PRIVILEGED; ATTORNEY WORK PRODUCT 4. A copy of a Vanity Fair article titled "The Talented Mr. Epstein," which was published on March 1, 2003, and is still available today on the Vanity Fair's official website (see www.vanity£air.com/news/2003/03/jeffrey-epstein-200303), is attached hereto as Exhibit C. 5. A copy of the homepage of the website www.towersinvestors.com, as it appeared on June 25, 2013 (per non-profit The Internet Archive's "Wayback Machine"), is attached hereto as Exhibit D. 6. A copy of the transcript of a December 5, 2013 hearing in U.S. v. Hoffenberg, No. 94- cr-213-RWS [Doc. 150], is attached hereto as Exhibit E. 7. A copy of a Memorandum and Order filed on December 18, 2013 in 200,000 Towers Investors Restitution Victims In Pension Funds, et aL, v. U.S., 1:13-cv-08563-PKC [Doc. 2], is attached hereto as Exhibit F. 8. A copy of an Order filed on January 16, 2014 in 200,000 Towers Investors Restitution Victims In Pension Funds, et al., v. U.S., 1:13-cv-08563-PKC [Doc. 2], is attached hereto as Exhibit G. 9. A copy of an Affidavit of Alan P. Fraade filed on February 4, 2014 in the matter 200,000 Towers Investors Restitution In Victims In Pensions Funds v. U.S, No. 1:13-cv-8563- PKC [Doc. 7], is attached hereto as Exhibit H. 10. A copy of a Verified Petition to Perpetrate Testimony dated June 11, 2015 and filed in U.S. v. Steven J. Hoffenberg, 94-CR-213-RWS, is attached hereto as Exhibit I. II. A copy of the Complaint filed on May 27, 2016 in Steven Jude Hoffenberg v. Jeffrey E. Epstein, et aL, No. 1:16-cv-03989, is attached hereto as Exhibit J. 36343433v1 EFTA00800144 DRAFT; PRIVILEGED; ATTORNEY WORK PRODUCT I declare under penalty of perjury that the foregoing is true and correct. Executed on: September 14, 2018 New York, New York /s/ Bennet J. Moskowitz Bennet J. Moskowitz 36343433v1 EFTA00800145