Giuffre v. Prince Andrew
Exhibit A (Release Agreement) — Document #32, Attachment #1
District Court, S.D. New York
Description
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss or in the Alternative for a More Definitive Statement. Request for Judicial Notice. Document filed by Prince Andrew, Virginia L. Giuffre. (Attachments: # 1 Exhibit A (Release Agreement), # 2 Exhibit B (Epstein Complaint), # 3 Exhibit C (Stipulation of Dismissal), # 4 Exhibit D (Order of Dismissal), # 5 Exhibit E (Order Denying Joinder), # 6 Exhibit F (Maxwell Complaint), # 7 Exhibit G (Dershowitz Amended Complaint), # 8 Exhibit H (Stipulation of Dismissal), # 9 Exhibit I (Motion for Joinder), # 10 Exhibit J (Daily Mail Article 3/2/2011), # 11 Exhibit K (Daily Mail Article 3/5/2011), # 12 Exhibit L (Manuscript), # 13 Exhibit M (Daily Mail Article 1/3/2015), # 14 Exhibit N (NY Daily News Article))Motion or Order to File Under Seal: 29 .(Brettler, Andrew) (Entered: 10/29/2021)
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EXHIBIT A
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
Virginia Giuffre, f/k/a Virginia Roberts (“Virginia Roberts”), individually, and Jeffrey
Epstein, individually (jointly referred to as “Parties”), enter into this Setttement Agreement
and General Release (“Settlement Agreement”) in order to resolve the pending litigation
between them as follows:
1. Dismissal. The Parties agree to immediately dismiss the pending lawsuit
presently styled Jane Doe No. 102 vs. Jeffrey Epstein, Case No. 09-80656-CIV-
Marra/Johnson (Southern District of Florida), with prejudice upon payment and clearance of
the settlement amount; however, the Court will be asked to retain jurisdiction to enforce the
terms of this Settlement Agreement.
2. General Release. Virginia Roberts and her agent(s), attorney(s),
predecessor(s), successor(s), heir(s), administrator(s), and/or assign(s) (hereinafter, “First
Parties”), for and in consideration of the sum of Five Hundred Thousand Dollars
($500,000.00) and other valuable consideration, received from or on behalf of Jeffrey
Epstein and his agent(s), attorney(s), predecessor(s), successor(s), heir(s),
administrator(s), assign(s) and/or employee(s) (hereinafter, “Second Parties’), the receipt
whereof is hereby acknowledged,
HEREBY remise, release, acquit, satisfy, and forever discharge the said Second
Parties and any other person or entity who could have been included as a potential
defendant (“Other Potential Defendants”) from all, and all manner of, action and actions of
Virginia Roberts, including State or Federal, cause and causes of action (common law or
statutory), suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
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specialties, covenants, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, executions, claims, and demands whatsoever in law or in
equity for compensatory or punitive damages that said First Parties ever had or now have,
or that any personal representative, successor, heir, or assign of said First Parties hereafter
can, shall, or may have, against Jeffrey Epstein, or Other Potential Defendants for, upon, or
by reason of any matter, cause, or thing whatsoever (whether known or unknown), from the
beginning of the world to the day of this release. The issue of amount of attorneys’ fees
and costs is specifically addressed in Paragraph 8, Attorneys’ Fees and Costs.
is further agreed that this Settlement Agreement represents a final resolution of a
disputed claim and is intended to avoid litigation. This Setttement Agreement shall not be
construed to be an admission of liability or fault by any party. Additionally, as a material
consideration in settling, First Parties and Second Parties agree that the terms of this
Settlement Agreement are not intended to be used by any other person nor be admissible
in any proceeding or case against or involving Jeffrey Epstein, either civil or criminal.
First and Second Parties further stipulate and agree that this Settlement Agreement
is pursuant to and is in fulfillment of Jeffrey Epstein’s obligations to Virginia Roberts,
exclusive of attorneys’ fees and costs, pursuant to and in conformity with the Non-
Prosecution Agreement, its Addendum, and its Affirmation (collectively, the “NPA’),
between Jeffrey Epstein and the United States Attorney for the Southern District of Florida.
First and Second Parties further stipulate and agree that this Settlement Agreement
should not in any way be construed as an admission by Jeffrey Epstein that he violated any
federal statute that constitutes a predicate for a damage claim under 18 U.S.C. § 2255 or
an admission that he violated any other federal or state statute.
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3. Payment. Payment of the settlement funds has been made to Virginia
Roberts’ attorneys’ trust account, but may not be released until this agreement has been
executed and the case is dismissed with prejudice.
4. Reciprocal Confidentiality. The Parties agree that the amount of this
settlement shall be kept strictly confidential and shail not be disclosed at any time to any
.third party, except: (a) immediate family members of the Parties (whose identities must be
provided as “Eyes Only” to Sidney Stubbs, Esq., Special Master, or his designee, in a
sealed envelope to be opened only if a third party is alleged to have breached this
provision); (b) to the extent required by law or rule; (c) to the extent necessary in
connection with medical treatment, legal, financial, accounting or tax services, or
appropriate tax reporting purposes (only if necessary); (d) in the event that all or part of the
proceeds of this settlement are to be placed in trust for Virginia Roberts, to the trustee(s) of
such trust; or (e) in response to a validly issued subpoena from a governmental or
regulatory agency. Any third party who is advised of the settlement amount must sign a
document acknowledging that such third party is aware of this confidentiality provision and
is bound by it, including the provisions contained in this Settlement Agreement relating to
the enforcement of this confidentiality provision. The Parties further agree that the Parties
shall not provide any copy, in whole or in part, or in any form, of this Settlement Agreement
to any third party, except to the extent required by !aw or rule or in response to a validly
issued subpoena from a governmental or regulatory agency. Moreover, neither this
Settlement Agreement, nor any copy hereof, nor the terms hereof shall be used or
disclosed in any court, arbitration, or other legal proceedings, except to enforce the
provisions of this Settlement Agreement. If any of the Parties are served with a valid
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subpoena, court order, government agency order or subpoena, or other compulsory legal
process, pursuant to which disclosure of this Settlement Agreement, the settlement
amount, or other terms hereof is requested, or production of the Settlement Agreement is
requested, the Party so served shall give counsel for the other Party notice thereof within
five (5) days of such service and, prior to making any such disclosure, shall give counsel to
such other Party at least ten (10) days to commence necessary proceedings to obtain a
court order preventing, limiting, or otherwise restricting such disclosure.
5. Anonymity. Second Parties shall not release Virginia Roberts’ identity,
name, or physical depiction, or otherwise identify Virginia Roberts, absent Virginia Roberts’
express written waiver of her right to anonymity, outside of ongoing or future litigation-
related or claim-related matters. First Parties acknowledge that Second Parties have no
control over what other plaintiffs’ attorneys, witnesses’ attorneys, or witnesses may do or
disclose in other cases regarding depositions and discovery. Second Parties may be
required to subpoena and depose Virginia Roberts and call her at trial(s). Except as
provided in this Settlement Agreement, nothing shall prohibit Second Parties from
conducting Jeffrey Epstein’s defense, investigation, and trial(s) as his lawyers deem
appropriate. Robert Josefsberg and Katherine Ezell are hereby deemed to have full
authority to accept a subpoena from Second Parties on Virginia Roberts’ behalf, so that
Second Parties are not in violation of the terms of Paragraph 6, No Contact.
6. No Contact. Jeffrey Epstein agrees to continue to abide by Judge Marra’s
July 31, 2009 No Contact Order or any modification of same by the Court, so long as First
Parties are given notice of any such modification and an opportunity to address this matter
before the Court.
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7. Enforcement. This Settlement Agreement shall be governed by the laws of
the State of Florida. In the event of litigation arising out of a dispute over the interpretation
of this Settlement Agreement, the prevailing party shall be entitled to recover its cost of
litigation, including attorneys’ fees and other reasonable costs of litigation. Should the
federal court not retain jurisdiction, the Parties (and any third party) agree that the courts of
the 15™ Judicial Circuit of Palm Beach County shall have exclusive jurisdiction over the
subject matter and shall have personal jurisdiction over the Parties (and third parties). In
the event of an enforcement maiter, the First Parties (and any third party family member)
agree that Robert Josefsberg or Katherine Ezell is authorized to accept service for them,
and Robert D. Critton, Jr. is authorized to accept service for Jeffrey Epstein.
First and Second Parties expressly acknowledge and agree that, if either First or
Second Parties allege that a breach of the confidentiality provision has occurred, or if First
Parties allege that a breach of the anonymity or no contact provision has occurred, the
aggrieved First or Second Parties may seek an appropriate remedy with the Court. If the
Court finds a breach of the confidentiality, anonymity, or no contact provision set forth
above, the Court shall determine the amount of the award. Equitable remedies are not
relinquished by virtue of this provision; nor does either Party relinquish the right to pursue
any other legal or equitable damages to which (s)he may be entitled as a result of the other
Party’s breach, including, but not limited to, prevailing party costs, to include attorneys’
fees.
8. Attorneys’ Fees and Costs. This settlement does not include any amounts
for attorneys’ fees or costs. The Parties and their attorneys have agreed to resolve the
amount of attorneys’ fees and costs through the Special Master whom they have mutually
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selected, Sidney Stubbs, Esq. Virginia Roberts agrees that any claims by her for attorneys’
fees or costs is solely through her attorneys and the Special Master proceeding.
9. Miscellaneous.
a. The Parties further confirm and acknowledge that this Settlement
Agreement is being entered into without any duress or undue influence,
and that they have had a full and complete opportunity to discuss the
terms of the Settlement Agreement with their own attorneys.
.
Virginia Roberts agrees that it is her obligation to pay any outstanding
bills relating to this matter from all healthcare providers, satisfy any
healthcare provider obligations arising out of the injuries underlying her
claim, and hold Second Parties harmless from same. This provision does
not include health care evaluations, if any, which are costs that have been
paid for by her attorneys. These costs will be subject to reimbursement by
the Second Parties, to the extent that they are for evaluation and not
treatment. If the Parties do not agree as to whether these costs are for
evaluations and not treatment and/or do not agree as to the
reasonableness of the amounts claimed, then the Special Master will
make those determinations.
. This Settlement Agreement was negotiated and entered into by the
Parties with the advice and assistance of respective counsel.
. This Settlement Agreement may be executed by the Parties in
counterparts on separate signature pages.
e. The Parties and their counsel will cooperate to execute the necessary
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paperwork and court filings to carry out the terms of this Settlement
Agreement.
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It is so agreed.
Uett0q
Date
Vo
‘Virginia Giuffre f/k/a
Virginia Roberts
CHE Date Jeffrey Epstein
STATE OF New Sen es
tA )
COUNTY OF __Roeeta\se
BEFORE ME, the undersigned authority, personally appeared Virginia Giuffre/ f/k/a
Virginia Roberts, who is personally known to me or has produced Briers Crcence ,
as identification, and executed the foregoing instrument.
whe Sorin,
WITNESS my hand and official seal this 77 day of Nevembex 2009.
GERARD ALLPORT
Justice of the p:
Peace Rag] Justi ce
inand fort. sete
iS
ofH eesouth
Waicron Road
Print Name:
Commission No.
GeaRReD
Ss
Avec Wea AN
My Commission Expires: “ya AON
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Jeffrey Epstein, who
is personally known to me or has produced , as identification, and
executed the foregoing instrument.
WITNESS my hand and official seal this day of , 2009.
Notary Public
Print Name:
Commission No.:
My Commission Expires:
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For Any Notice Provision:
1. For Virginia Roberts Robert C. Josefsberg, Esq. or
Katherine W. Ezell, Esq.
Podhurst Orseck, P.A.
25 West Flagler Street, Suite 800
Miami, FL 33130
Phone: 305-358-2800
Fax: 305-358-2832
2. For Jeffrey Epstein Robert D. Critton, Jr., Esq.
Burman, Critton, Luttier & Coleman, LLP
303 Banyan Boulevard, Suite 400
West Palm Beach, FL 33401
Phone: 561-842-2820
Fax: 561-253-0164
or
Jack Alan Goldberger, Esq.
Atterbury Goldberger & Weiss, P.A.
250 Australian Avenue South, Suite 1400
West Palm Beach, FL 33401-5012
Phone: 561-659-8300
Fax: 561-835-8691
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It is so agreed.
Virginia Giuffre fik/a
Virginia Roberts
Date Date
jes O7
STATE OF )
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared Virginia Roberts,
who is personally known to me or has produced , as identification,
and executed the foregoing instrument.
WITNESS my hand and official seal this day of , 2009.
Justice of the Peace
Print Name:
Commission No.:
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
undersigned authority, personally appeared Jeffrey Epstein, who
is personally
executed the
BEFORE ME, the
known to me or
foregoing instrument.
has produced
Biiealg as identification, and
WITNESS my hand and official seal this dayof / VoVénBer’ , 2009.
JESSICA CADWELL
MY COMMISSION #
EXPIRES: April 19, 2013
node BondedThru Notary Public Underwriters Commission No. AA
GAMES
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My Commission Expires:
For Any Notice Provision:
1. For Virginia Roberts Robert C. Josefsberg, Esq. or
Katherine W. Ezell, Esq.
Podhurst Orseck, P.A.
25 West Flagler Street, Suite 800
Miami, FL 33130
Phone: 305-358-2800
Fax: 305-358-2832
2. For Jeffrey Epstein Robert D. Critton, Jr., Esq.
Burman, Critton, Luttier & Coleman, LLP
303 Banyan Boulevard, Suite 400
West Paim Beach, FL 33401
Phone: 561-842-2820
Fax: 561-253-0164
or
Jack Alan Goldberger, Esq.
Atterbury Goldberger & Weiss, P.A.
250 Australian Avenue South, Suite 1400
West Palm Beach, FL 33401-5012
Phone: 561-659-8300
Fax: 561-835-8691
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