EFTA01249325.pdf

- rl g 3 Original Transcript • UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE, Plaintiff, vs. Case No. 08-80893- CIV-MARRA/JOHNSON JEFFREY EPSTEIN, Defendant. DEPOSITION OF MARK EPSTEIN September 21, 2009 • 11:30 a.m. One Penn Plaza, New York, New York Jacklyn Lisi • Toll Free Facsimile, 0 Suite 1300 515 East Las Olas Boulevard ESQUIRE Fort Lauderdale, FL 33301 www.esquiresolutIons.com 3501.294-001 Page I of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00 108549 EFTA01249325  • • S 3501.294-001 Page 2 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108550 EFTA01249326  1 • UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE, Plaintiff, vs. Case No. 08-80893- CIV-MARRA/JOHNSON JEFFREY EPSTEIN, Defendant. DEPOSITION of MARK EPSTEIN, taken by • Defendants, at the offices of Esquire Deposition Solutions, One Penn Plaza, New York, New York 10119, on Monday, September 21, 2009, commencing at 11:30 a.m., before Jacklyn Lisi, a Shorthand Reporter and notary public, within and for the State of New York. • 0 Toll Free: Facsimile: Suite 1300 ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquIresolutions.com 3501.294-001 Page 3 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00108551 EFTA01249327  Mark Epstein September 21, 2009 2 1 2 APPEARANCES : ROTHSTEIN ROSENFELDT ADLER, ESQS. • Attorneys for Plaintiffs, EW, LM and Jane Doe 3 Las Olas City Centre, Suite 1650 401 East Las Olas Boulevard 4 Fort Lauderdale, Florida 33301 5 BY: BRAD J. EDWARDS, ESQ. 6 7 LEOPOLD KUVIN, ET AL Attorneys for Plaintiff, BB 8 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, Florida 33410 9 BY: ADAM LANGINO, ESQ. 10 (via telephone) 11 COHEN & GRESSER, LLP 12 Attorneys for the Witness, Mark Epstein 100 Park Avenue 13 New York, New York 10017 14 15 BY: MARK S. COHEN, ESQ. ALEXIS G. STONE, ESQ. • 16 PODHURST ORSECK, et al 17 Attorneys for Plaintiffs, Jane Does 101 and 102 25 West Flagler Street, Suite 800 18 Miami, Florida 33130 19 BY: KATHERINE EZELL, ESQ. (via telephone) 20 21 MERMELSTEIN & HOROWITZ, ESQS. 22 Attorneys for Plaintiffs, Jane Does 2 through 8 18205 Biscayne Boulevard, Suite 2218 23 Miami, Florida 33160 24 BY: ADAM H. HOROWITZ, ESQ. (via telephone) 25 Toll Free FaWmile 0 ESQUIRE 515 East Las 02s Boulevard Fort Lauderdale, FL 33301 www.esquIresolutions.com 3501.294-001 Page 4 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108552 EFTA01249328  Mark Epstein September 21, 2009 3 • 1 2 APPEARANCES (continued) RICHARD H. WILLITS, ESQ. 3 Attorney for Plaintiff, ■ 2290 10th Avenue North, Suite 404 4 Lake Worth, Florida 33461 (via telephone) 5 6 BURMAN, CRITTON, LUTTIER & COLEMAN, LLP Attorneys for the Defendant, Jeffrey Epstein 515 North Flagler Drive, Suite 400 West Palm Beach, Florida 33401 BY: ROBERT CRITTON, ESQ. (via telephone) * • 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • Toll Free Facsimile Suite 1300 ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquiresolutions.com 350)294-001 Page 5 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108553 EFTA01249329  Mark Epstein September 21, 2009 • 4 1 STIPULATIONS 2 3 IT IS HEREBY STIPULATED, by and between the attorneys 4 for the respective parties hereto, that all rights provided 5 by the C.P.L.R., and Part 221 of the Uniform Rules for the 6 Conduct of Depositions, including the right to object to any 7 question, except as to form, or to move to strike any 8 testimony at this examination is reserved; and in addition, 9 the failure to object to any question or to move to strike 10 any testimony at this examination shall not be a bar or 11 waiver to make such motion at, and is reserved to, the trial 12 of this action. 13 This deposition may be sworn to by the witness being 14 15 examined before a Notary Public other than the Notary Public before whom this examination was begun, but the failure to • 16 do so or to return the original of this deposition to 17 counsel, shall not be deemed a waiver of the rights provided 18 by Rule 3116 of the C.P.L.R. and shall be controlled 19 thereby. 20 The filing of the original of this deposition is 21 waived. 22 23 24 25 0 Toll Free: Facsimile: Suite 1300 • ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquiresolutions.com 3501.294-001 Page 6 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00108554 EFTA01249330  Mark Epstein September 21, 2009 5 • 2 M. Epstein THE REPORTER: Please state your name 3 and address for the record? 4 THE WITNESS: (Witness refused to give 5 his address to the court reporter.) 6 MR. COHEN: On the record. 7 For the witness, Mark Epstein, Mark 8 Cohen and Alexis Stone of Cohen & Gresser, 100 9 Park Avenue, New York, New York. 10 MR. EDWARDS: Brad Edwards on behalf 11 of EW, LM and Jane Doe. 12 MR. CRITTON: Robert Critton on 13 behalf of Jeffrey Epstein. • 14 15 MS. EZELL: Jane Does 101 and 102. Kathy Ezell on behalf of 16 MR. HOROWITZ: Adam Horowitz on 17 behalf of Plaintiffs, Jane Does 2 through 8. 18 MR. WILLITS: Richard Willits on 19 behalf of 20 MR. LANGINO: Adam Langino on behalf 21 of Plaintiff, BB. 22 MR. EDWARDS Okay. That's everybody. 23 MR. COHEN: Okay. Before I start, 24 this is Mark Cohen on behalf of Mark Epstein, 25 I just want to put on the record the details • 0 Toll Free: Facsimile: Suite 1300 ESQUIRE 515 East Las alas Boulevard Fort Lauderdale, FL 33301 voimesouiresolutions.com 3501.294-001 Page 7 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108555 EFTA01249331  Mark Epstein September 21, 2009 • 6 1 M. Epstein 2 of a conversation I've had with Mr. Edwards 3 and make sure that all counsel is agreeable to 4 this. 5 My client, Mark Epstein, is very 6 concerned about being videotaped and having 7 his image recorded. 8 He is concerned about possible future 9 uses of his image. And so Mr. Edwards and I 10 have agreed that this recording, the videotape 11 of my client, will be confidential and will 12 not be revealed in public unless and until 13 there is an order by a court in one of the 14 15 cases that are involved in these depositions that orders that the video be made public. • 16 We are prepared to proceed on that 17 basis. 18 As I understand, Mr. Edwards is 19 prepared to proceed, but obviously we need the 20 agreement of all counsel. 21 MR. WILLITS: Richard Willits agrees. 22 MR. CRITTON: Robert Critton agrees. 23 MS. EZELL: Kathy Ezell agrees. 24 MR. EDWARDS: Adam? 25 MR. HOROWITZ: Adam Horowitz, that's Toll Free: Fair.Imile: Suite 1300 • ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquiresolutIons.com 3501.294-001 Page 8 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108556 EFTA01249332  Mark Epstein September 21, 2009 7 • 1 2 fine. M. Epstein 3 MR. LANGINO: The same with Adam 4 Langino, that's fine. 5 MR. COHEN: All right. Thank you. 6 MR. EDWARDS And Sid Garcia is not in 7 and he is not supposed to be in; right? 8 MR. CRITTON: This is Bob Critton. 9 I assume -- I don't know whether he 10 was going to come or not, but I assume that 11 everyone will also abide and not give Mr. 12 Garcia a copy of the video until he also 13 affirms in writing to Mr. Cohen that he's • 14 15 agreed to be bound by the same agreement. MR. EDWARDS: Okay. 16 THE VIDEOGRAPHER: This is tape 17 number one to the videotape deposition of Mark 18 Epstein in the matter of Jane Doe versus 19 Jeffrey Epstein being held before the United 20 States District Court in the Southern District 21 of Florida, case file number 08-80893. 22 This deposition is being held at 23 Esquire Deposition Solutions, One Penn Plaza, 24 New York, New York on September 21, 2009. The 25 time is 11:41 a.m. • 0 Toll Free Facsimile Suite 1300 ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 verew.esquiresolutions.com 3501.294-001 Page 9 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00108557 EFTA01249333  Mark Epstein September 21, 2009 • 8 1 M. Epstein 2 My name is Peter Ledwith. I'm the 3 videographer. The court reporter is Jackie 4 Lisi. 5 Counsel, will you please introduce 6 yourselves and who you represent? 7 MR. EDWARDS: Brad Edwards. I 8 represent EW, LM and Jane Doe. 9 MR. COHEN: Mark Cohen and Ally 10 Stone. I represent the witness, Mark Epstein. 11 MR. CRITTON: Robert Critton on 12 behalf of the defendant, Jeff Epstein. 13 MR. WILLITS: Richard Willits on 14 15 behalf of MR. LANGINO: Adam Langino on behalf • 16 of Plaintiff BB. 17 MR. HOROWITZ: Adam Horowitz on 18 behalf of plaintiffs Jane Does numbers 2 19 through 8. 20 THE VIDEOGRAPHER: Will the court 21 reporter please swear in the witness? 22 MARK EPSTEIN, 23 having been first duly affirmed, was examined 24 and testified as follows: 25 THE WITNESS: I am an atheist, but I Toll Free Facsimile Suite 1300 • ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 ionvw.esquiresolutions.com 3501.294-001 Page 10 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00108558 EFTA01249334  Mark Epstein September 21, 2009 9 • 1 2 M. Epstein will affirm I'll tell the truth. 3 EXAMINATION BY 4 MR. EDWARDS: 5 Q. Can you tell us your name? 6 A. Mark Epstein. 7 THE VIDEOGRAPHER: Can you put the 8 microphone on your shirt, please? 9 THE WITNESS: Mark Epstein. 10 Q. Okay. And your date of birth, 11 please? 12 A. 13 Q• And what is your relationship with • 14 15 the defendant in this case, Jeffrey Epstein? A. He is my brother. 16 Q. Are you currently married? 17 A. No. 18 Q. What is your current address? 19 A. I'm not giving out my address. I'm 20 concerned about my personal safety because of 21 the nature of this case. You can use his 22 address. You can use my attorney's address. 23 Q. Please elaborate on that for me that 24 you are concerned for your safety because of 25 the nature of this case? • 0 Toll Free: Facsimile: ESQUIRE 51.5 East Las Olas Boulevard Fort Lauderdale, Ft. 33301 www.esquiresolutIons.com 350I.294-00I Page I I of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFrA_00108559 EFTA01249335  Mark Epstein September 21, 2009 • 10 1 M. Epstein 2 A. Because I've read -- well, I know 3 that Jeffrey hired a detective or someone from 4 the police when he went out on his days out. 5 So obviously there is probably a concern for 6 safety. 7 I don't want anything to do with this 8 case. I have nothing to do with this case. I 9 don't want my identifying information on any 10 kind of public record. 11 MR. COHEN: If it will make it 12 easier, Mr. Edwards, this is Mark Cohen 13 speaking. Mr. Mark Epstein is authorizing my 14 15 firm to accept service if there is a future subpoena or a need to contact him again. • 16 THE WITNESS: Before we go on, I want 17 to make a statement. 18 I want to say on the record that 19 initially I was improperly served with a 20 subpoena from Florida, it was supposed to come 21 from New York. 22 It also did not include the required 23 documents giving me my rights and obligations 24 under the Florida laws. So it's a breach of 25 some kind of ethics. 0 Toll Free Facsimile Suite 1300 • ESQUIRE 515 East Las Olas Boulevard Fat Lauderdale, FL 33301 www.esquiresolutions.corn 3501.294-001 Page 12 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108560 EFTA01249336  Mark Epstein September 21, 2009 11 M. Epstein 2 So in my book, you are either incompetent, devious or have no ethical compass. So you are not on my high list. 6 Continue with your questions. I just wanted a 7 record of that. 8 MR. CRITTON: Brad, can you move the 9 phone a little closer to Mr. Epstein? I heard 10 you and I heard Mr. Cohen fine, but I'm having 11 trouble with Mr. Epstein. 12 MR. EDWARDS: All right. 13 MR. CRITTON: Thank you. • 14 15 MR. EDWARDS: I apologize for your feelings about the subpoena. 16 THE WITNESS: Not accepted. 17 This is too serious of a matter. 18 BY MR. EDWARDS: 19 Q. You do realize that you are 20 subpoenaed to testify today in cases that 21 involve your brother having sex or engaging in 22 sex acts with minors; correct? 23 MR. CRITTON: Form? 24 MR. COHEN: That's -- 25 A. I know there is a case against my • 0 Toll Free: Facsimile: Suite 1300 ESQUIRE 515 East Las alas Boulevard Fort Lauderdale, FL 33301 www.esouiresoludons.com 3501294-001 Page 13 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108561 EFTA01249337  Mark Epstein September 21, 2009 • 12 1 M. Epstein 2 brother. I know that. 3 Q. And you are aware that there are 4 multiple attorneys on the phone that represent 5 girls who were under-age when Mr. Epstein had 6 sex with them? 7 A. I know there are multiple attorneys 8 on the phone. 9 Q. Okay. Have you read the newspaper 10 articles about your brother that detail your 11 brother having sex with under-age girls? 12 MR. CRITTON: Form. 13 A. I've read some of the papers. 14 15 Q. wrong? You agree that sex with minors is • 16 MR. CRITTON: Form. 17 MR. COHEN: Objection. 18 Q. You can answer. 19 A. I have no opinion on that. 20 Q. Okay. 21 A. I'm not here to give opinions. I'm 22 here for facts. So ask me questions about 23 facts and I'll be glad to answer them. 24 Q. Well, do you agree with the laws that 25 protect under-age children from adult sexual Toll Free Facsimile Suite 1300 • ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 vmw.esquiresolutions.cm 3501.294-001 Page 144120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFIA_00108562 EFTA01249338  Mark Epstein September 21, 2009 13 • 1 2 predators? M. Epstein 3 MR. COHEN: Objection. 4 MR. CRITTON: Form. 5 A. My information on the case is my 6 brother I know had to spend sometime in jail 7 for some prostitution charge. 8 So I assume the attorneys are representing the prostitutes he was involved 10 with, so I don't know what the ages of them 11 are or were. 12 I'm not involved with the case. I 13 don't watch all the details about it. That's • 14 15 all. Q. Would it surprise you to learn that 16 there were more than 30 girls between the ages 17 of 12 and 15 that your brother engaged in sex 18 acts with? 19 MR. CRITTON: Form. 20 A. I don't get surprised by very many 21 things in this world. 22 Q. But you and your brother are a year 23 apart; right? 24 A. 18 months. 25 O. And you grew up together? • 0 Toll Fr Facslml Suite 1300 ESQUIRE M.. 515 East Las pas Boulevard Fort Lauderdale, FL 33301 www.esquIresolutions.corn 3501.294-001 Page 15 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108563 EFTA01249339  Mark Epstein September 21, 2009 14 1 M. Epstein • 2 A. Sure. 3 Q• You still talk to him? 4 A. Occasionally, rarely. 5 Q. So when I ask you, does it surprise 6 you, you are saying that it doesn't surprise 7 you that your older brother engaged in sex 8 with more than 30 girls between 12 and 9 15 years old? 10 MR. COHEN: Objection. 11 MR. CRITTON: Form. 12 A. I don't know how to answer that 13 question. I don't know if it's true, and I 14 15 don't know what the story is. It's not -- ask me a question about • 16 facts I'm not going to give you opinions 17 here, that's not what I'm here for. 18 19 20 21 22 23 24 25 S Toll Free: Facsimile: Suite 1300 • ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esdulresolutlons.com 3501.294-001 Page 16 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00108564 EFTA01249340  Mark Epstein September 21, 2009 15 • 1 2 M. Epstein 3 4 6 7 MR. EDWARDS: Counsel? 8 MR. COHEN: I would suggest you move 9 to an area that's likely to lead to you 10 gathering relevant evidence. 11 We can come back to this burning 12 question maybe later. 13 MR. CRITTON: Let me also add that I • 14 15 can only object to form, but I also want to put on the record, other than his name and he 16 is related to Mr. Epstein, there is not one 17 piece of evidence or -- 18 THE COURT REPORTER: I can't hear 19 you. 20 MR. CRITTON: I'm sorry. I just want 21 to note for the record that other than his 22 name and his relationship to Mr. Epstein, to 23 Jeffrey Epstein, there has been nothing of 24 relevance or materiality that would lead to 25 admissible evidence at the time of trial. • 0 Toll Free: Facsimile: Suite 1300 ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquiresolutions.00rn 3501.294-001 Page 17 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00108565 EFTA01249341  Mark Epstein September 21, 2009 • 16 1 M. Epstein 2 This is being done to harass or 3 humiliate Mr. Mark Epstein and/or my client. 4 It certainly borders on that, but he is not an 5 expert, his opinions are irrelevant in this 6 case, and as is his own family situation 7 but -- 8 MR. EDWARDS: Mr. Critton, as you 9 stated first, I think that your objection is 10 limited to the form. Thanks. 11 Can I mark this as an exhibit? 12 (Plaintiff's Exhibit 1 was so marked 13 for identification.) 14 15 MR. COHEN: I will say that I join in Mr. Critton's objection for the record. • 16 BY MR. EDWARDS: 17 Q. How frequently do you talk with your 18 brother now? 19 A. Maybe once every couple of weeks or 20 so, but "now° being just the last month or 21 two. 22 Q. Okay. When you first learned of a 23 criminal investigation into your brother, did 24 you talk to him about the substance of those 25 allegations? 0 Toll Free: Facsimile: Suite 1300 • ESQUIRE 515 East Las olas Boulevard Fort Lauderdale, FL 33301 www.esquIresolutIons.com 3501.294-001 Page [Sof 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108566 EFTA01249342  Mark Epstein September 21, 2009 17 M. Epstein 2 A. No. 3 Q. Have you ever asked him or had a 4 conversation with him about the allegations 5 that he's had sex with numerous under-age 6 kids? 7 A. No. 8 Q. Is there a reason why you wouldn't 9 ask him questions about him engaging in sex 10 with 13, 14-year old kids? 11 A. We are not very close. We don't talk 12 very often. 13 MR. CRITTON: Form. • 14 Q. But when you do talk to him, that 15 conversation doesn't come up? 16 A. No. 17 Q. He went to jail. Did he ever tell 18 you why he went to jail? 19 A. No. 20 Q. Are you familiar with the property at 21 22 A. Yes, I am. 23 Q. Who owns that property? 24 A. Dara Partners. 25 Q. And what is Jeffrey Epstein's • 0 Toll Free: Facsimile: Suite 1300 ESQUIRE 515 East Las Otas Boulevard Fort Lauderdale, FL 33301 wvnv.esquIresolutIons.com 3501.294-001 Page 19 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00108567 EFTA01249343  Mark Epstein September 21, 2009 18 1 2 M. Epstein affiliation with that property? • 3 A. He rents some apartments in there. 4 Q. How many apartments does Jeffrey 5 Epstein rent at 6 A. It's either 8 or 10, I am not sure. 7 Q. Who are the residents of the 8 apartments that Jeffrey Epstein rents at that 9 location? 10 A. I have no idea. 11 MR. CRITTON: Brad, what was the 12 answer to the last one? 13 MR. COHEN: He has no idea. 14 15 A. I know his pilots used to stay there, but I don't think he is using pilots any more. • 16 Q. Why does he rent so many places at 17 the same location? 18 A. I have no idea. 19 Q. Have you ever had any affiliation 20 with that location? 21 A. Sure. 22 Q. In what way? 23 A. I'm one of the partners of Dara 24 Partners. 25 Q. So does your brother rent from you? Toil Free: Facsimile: Suite 1300 • ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 wvnv.esquiresolutions.com 3501.294-001 Page 20 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFIA_00108568 EFTA01249344  Mark Epstein September 21, 2009 19 • 1 2 A. M. Epstein No, he rents from Dara Partners. My 3 partner handles that property, I don't know 4 any of the tenants in that building other than 5 one or two. 6 Q. What are the names of the one or two 7 that you do know? 8 A. It is my ex, so I'm not going to give 9 you her name. 10 Q. Is that somebody who lives in one of 11 the places rented by your brother Jeffrey 12 Epstein? 13 A. No. • 14 15 Q. Do you know any of the tenants that live in the places rented by your brother, 16 Jeffrey Epstein? 17 A. No. 18 Q. Do you know 19 A. I know the name. I don't know her. 20 Q. Do you know what her relationship is 21 to your brother? 22 A. I think she worked for him. 23 Q. In what capacity? 24 A. I have no idea. 25 Q. Do you know if she lives in • 0 Toll Free: Facsimile: Suite 1300 ESQUIRE 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 www.esquiresohdlons.corn 3501.294-001 Page 21 of 120 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00108569 EFTA01249345  Mark Epstein September 21, 2009 • 20 1 M. Epstein 2 3 A. I don't know where she lives. 4 Q. Would you know her if you saw her? 5 A. No. 6 Q. You've never seen her before? 7 A. I might have seen her somewhere, I 8 don't know. 9 Q. Have you ever talked to her? 10 A. I don't recall talking to her. 11 Q. Do you know 12 A. I know of her. 13 Q. How do you know of her? 14 15 A. Q. In the papers. What papers? • 16 A. Newspapers. I read some articles. 17 Q. Newspapers about your brother? 18 A. Relating to his case, yes. 19 Q. Okay. And what is your understanding 20 of her relationship with your brother? 21 A. I don't have an understanding about 22 it. 23 MR. CRITTON: Form. 24 A. My brother and I do not have a close 25 relationship, so what he does is his business 0 Toll Free: Facsimile: Suite 1300 • ESQUIRE 515 East US Olas Boulevard Fort Lauderdale, FL 33301 www.esquIresolutIons.com 3501.294-001 Page 22 of