IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No.: 50 2009 CA 0408007OOOCMBAG JEFFREY EPSTEIN, Plaintiff, VS. SCOTT ROTHSTEIN individually, and J. , individually, Defendants, STATEMENT OF UNDISPOT6 FACTS Defendant J. Esq., offers lir following specific facts as the undisputed material facts in this case. Each of the following facts is numbered separately and individually to facilitate Epstein's required compliance with Fla. It. Civ. P. 1.510(c) ("The adverse party shall identify . any summary judgment eviden,ce on whjch the adverse party relies."). SeseudAbuse ofChildren By Epstein 1. Defendant Epstein has a sexual preference for young children. Deposition of Jeffrey Epstein, Mar. 17, 2010, at 110 (hereinafter "Epstein Depo.") (Deposition Attachment #1).1 2. Epstein repeatedly sexually assaulted more than forty (40) young girls on numerous When questioned about this subject at his deposition, Epstein invoked his Fifth Amendment right to remain silent rather than make an incriminating admission. Accordingly, is entitled to the adverse inference against Epstein that, had Epstein answered, the answer would have been unfavorable to him. "[Ilt is well-settled that the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them." Baxter v. Palmigiano, 425 U.S. 308, 318 (1976); accord Vasquez v. State, 777 So.2d 1200, 1203 (Fla. App. 2001). The reason for this rule "is both logical and utilitarian. A party may not trample upon the rights of others and then escape the consequences by invoking a constitutional privilege — at least not in a civil setting." Fraser v. Security andInv. Corp., 615 So.2d 841, 842 (Ha. App. 1993). 1 EFTA02765751