063-01.pdf
ia-court-doe-v-epstein-no-908-cv-80119-(sd-fla-2008) Court Filing 347.5 KB • Feb 13, 2026
Case 9:08-cv-80119-KAM Document 63-1 Entered on FLSD Docket 03/25/2009 Page 1 of 3
AFFIDAVIT OF JACK A. GOLDBERGER, ESQUIRE
STATE OF FLORIDA ) SS
COUNTY OF PALM BEACH )
BEFORE
ME, the undersigned authority, personally appeared
having personal knowledge
and being duly sworn, deposes and says:
1. I, Jack A. Goldberger, have personal knowledge of the matters set
forth herein. I
am an attorney licensed to practice in the State of Florida since
1978. I
am a partner with the law firm of Atterbury Goldberger & Weiss, P.A.,
located at One Clearlake Centre, Suite 1400, 250 Australian Avenue South, West
Palm Beach,
FL 33401.
2. My practice includes and specializes in the defense of criminal
matters. I
am board certified in criminal law. I have been and currently am the
criminal defense attorney for JEFFREY EPSTEIN.
3. I represented Mr. EPSTEIN in the negotiation of and entering into a
Non-Prosecution Agreement with the United States Attorney's Office (USAO) for
the Federal Southern District of Florida. The terms
and conditions of the Non-
Prosecution Agreement also entailed the entering of a Plea Agreement with the
State Attorney's Office,
Palm Beach County, State of Florida. (The Non-
Prosecution Agreement shall hereinafter
be referred to as the "NPA").
4. By its terms, the NPA took effect on June 30, 2008. Also, pursuant
to the terms of the
NPA, any criminal prosecution against EPSTEIN is deferred
as long as the terms
and conditions of the NPA are fulfilled by EPSTEIN.
Case 9:08-cv-80119-KAM Document 63-1 Entered on FLSD Docket 03/25/2009 Page 2 of 3
5.
The
criminal matters
against
EPSTEIN
remain
ongoing
until
the
NPA
expires
by
its
terms
in
late
2010,
and
as
long
as
the
USAO
determines
EPSTEIN
has
complied
with
those
terms
and
conditions.
The
threat
of
criminal
prosecution
against
EPSTEIN
by
USAO
in
the
Southern
District
of
Florida
continues
presently
and
through
late
2010.
6.
Pursuant
to
the
terms
of
the
NPA,
the
USAO
possesses
the
right
to
declare
that
the
agreement
has
been
breached,
give
EPSTEIN's
counsel
notice,
and
attempt
to
move
forward
with
a prosecution.
As
of the
date
of
this
Affidavit,
the
USAO
has
taken
the
position
on
a number
of occasions
that
it might
consider
the
following
actions
by
EPSTEIN
to
be
a breach
of the
NPA.
•
Investigation
by
EPSTEIN
(by
and
through
his
attorneys)
of
this
Plaintiff
and
the
other
Plaintiffs
in
other
pending
civil
cases
for
purposes
of
defending
the
civil
actions;
•
EPSTEIN's
contesting
damages
in
this
action
and
other
actions,
•
EPSTEIN
or
his
legal
representatives
making
statements
to
the
press
about
this
Plaintiff
or
the
other
Plaintiffs.
•
Using
the
word
"jail"
instead
of
"imprisonment"
in
the
plea
agreement
with
the
Palm
Beach
County
State
Attorney's
Office.
7.
EPSTEIN,
through
counsel,
submitted
a Freedom
of
Information
Act
request
to the
Federal
Bureau
of
Investigation
(FBI)
for
documents
relating
to
this
and
the
other
cases;
the
FBI
denied
the
request
stating
the
materials
are
at
this
time
exempt
from
disclosure
because
they
are
in
an
investigative
file,
i.e.
the
matter
is
still
an
ongoing
criminal
investigation.
Page
- 2 -
Case 9:08-cv-80119-KAM Document 63-1 Entered on FLSD Docket 03/25/2009 Page 3 of 3
8.
The
NPA
expires
in
late
2010.
FURTHER
THE
AFFIANT
SAYETH
NAUGHT
STATE
OF
FLORIDA
COUNTY
OF
PALM
BEACH
I hereby
Certify
that
on
this
day,
before
me,
an
officer
duly
authorized
to
administer
oaths
and
take
acknowledgments,
personally
appeared
Jack
A.
Goldberger,
Esquire,
known
to
me
to
be
the
person
described
in
and
who
executed
the
foregoing
Affidavit,
who
acknowledged
before
me
that
he/she
executed
the
same,
that
I
relie~
upon
the
I
following
form
of
identification
of
the
above
named
person:
AA,;Ow<11
*r.sCh1,:....ft'f,
,
and
that
an
oath
was/was
not
taken.
this
WI~
ESS
my
hand
and
official
seal
in
the
County
and
State
last
aforesaid
11
•
day
of
AL;r),(_7
,
2009.
Notary
Public
State
of
Florida
KimERosin
My
Commission
D0489790
Expires
11113/2009
PRINT
NA
E:
l-\__
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NOTARY
P
UC/STATE
OF
FLORIDA
COMMISSION
NO.:
Db
yQ9--zq
o
MY
COMMISSION
EXPIRES:
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(3
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Page
- 3 -
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