Case 1:15-cv-07433-LAP Document 143 Filed 05/05/16 Page 1 of 10
United States District Court
Southern District of New York
Virginia L. Giuffre,
Case No.: 15-cv-07433-RWS
PLAINTIFF’S REDACTED MOTION TO COMPEL DEFENDANT
TO ANSWER DEPOSITION QUESTIONS FILED UNDER SEALPlaintiff Virginia Giuffre, by and through her undersigned counsel, hereby files this
Motion to Compel Defendant to Answer Deposition Questions. During her recent deposition,
Defendant refused to answer numerous questions about allegedly “adult” sexual activity related
to Jeffrey Epstein. Because this activity is highly relevant to this case, Defendant should be
ordered to answer questions about it.
As the Court is aware, this defamation case involves Ms. Giuffre’s assertions that she and
other females were recruited by Defendant to be sexually abused by Jeffrey Epstein under the
guise of being “massage therapists.” See Complaint, (DE 1), at ¶ 27 (Giuffre “described
Maxwell’s role as one of the main women who Epstein used to procure under-aged girls for
sexual activities and a primary co-conspirator and participant in his sexual abuse and sex
trafficking scheme”). In response to these assertions, Defendant has made the sweeping claim
that Ms. Giuffre’s assertions are “entirely false” and “entirely untrue.” Complaint, DE 1, at ¶ 31.
Defendant has labelled her entire deposition transcript as Confidential at this time. Counsel for
the parties conferred at the deposition regarding answering questions.
Case 1:15-cv-07433-LAP Document 143 Filed 05/05/16 Page 2 of 10
Yet during her deposition, Defendant refused to answer any questions that she construed
as having something to do with “consensual adult sex.” Defense counsel supported that position
that “frankly, [that’s] none of your business and I instruct the witness not to answer.” See
Declaration of Sigrid S. McCawley (“McCawley Decl.”) at Exhibit 1, Tr. of Maxwell Depo.
(Apr. 22, 2016) at 21. The result was that at a number of points throughout her deposition,
Defendant refused to answer questions about subjects integral to this lawsuit, including questions
about what the alleged “massage therapists” were doing at Jeffrey Epstein’s house and the sexual
nature of those massages.
For example, Defendant refused to answer questions about whether she had given Jeffrey
Epstein a massage:
Q. Have you ever given Jeffrey Epstein a massage?
MR. PAGLIUCA: Object to the form, foundation. And I'm going to
instruct you not to answer that question. I don't have any problem with you
asking questions about what the subject matter of this lawsuit is, which would
be, as you've termed it, sexual trafficking of Ms. Roberts.
To the extent you are asking for information relating to any consensual
adult interaction between my client and Mr. Epstein, I'm going to instruct her not
to answer because it's not part of this litigation and it is her private confidential
information, not subject to this deposition.
MS. McCAWLEY: You can instruct her not to answer. That is your
right. But I will bring her back for another deposition because it is part of the
subject matter of this litigation so she should be answering these questions. This
is civil litigation, deposition and she should be responsible for answering these
MR. PAGLIUCA: I disagree and you understand the bounds that I put on
MS. McCAWLEY: No, I don't. I will continue to ask my questions and
you can continue to make your objections.
Q. Did you ever participate from the time period of 1992 to 2009, did
you ever participate in a massage with Jeffrey Epstein and another female?
MR. PAGLIUCA: Objection. Do not answer that question. Again, to the
extent you are asking for some sort of illegal activity as you've construed in
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connection with this case I don't have any problem with you asking that question.
To the extent these questions involve consensual acts between adults, frankly,
they're none of your business and I will instruct the witness not to answer.
MS. McCAWLEY: This case involves sexual trafficking, sexual abuse,
questions about her having interactions with other females is relevant to this case.
She needs to answer these questions.
MR. PAGLIUCA: I'm instructing her not to answer.
MS. McCAWLEY: Then we will be back here again.
See McCawley Decl. at Exhibit 2, Tr. of Maxwell Depo. (Apr. 22, 2016) at 19-22 (emphasis
Defendant’s participation in massages with Epstein is a central part of this case. Ms.
Giuffre has explained that during her first sexual encounter with Jeffrey Epstein, it was
Defendant who provided instruction on how to do it and how to turn the massage into a sexual
event. Obviously, proof that Defendant had previously massaged Epstein – include massages
with sexual component – would provide important corroboration for Ms. Giuffre’s testimony at
trial. And proof that Defendant was involved in massages will further help prove that
statements to the press that Virginia’s allegations were “obvious lies” was itself an obvious lie.
As another example, Defendant refused to answer questions about her knowledge that
Johanna Sjoberg was hired to work for Epstein and provided massages. In the police report,
Johanna admitted that Maxwell recruited her to work for Epstein. See McCawley Decl. at
Exhibit 3, Giuffre000076-77 (police report indicating that Johanna was recruited by Maxwell).
Yet during Defendant’s deposition, she refused to answer questions regarding Johanna Sjoberg.
Q. Do you know what tasks Johanna was hired to performance?
A. She was tasked to answer telephones.
Q. Did you ever ask her to rub Jeffrey's feet? . . .
A. I believe that I have read that, but I don't have any memory of it.
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Q. Did you ever tell Johanna that she would get extra money if she
provided Jeffrey massages?
A. I was always happy to give career advice to people and I think that
becoming somebody in the healthcare profession, either exercise instructor or
nutritionist or professional massage therapist is an excellent job opportunity.
Hourly wages are around 7, 8, $9 and as a professional healthcare provider you
can earn somewhere between as we have established 100 to $200 and to be able to
travel and have a job that pays that is a wonderful job opportunity. So in the
context of advising people for opportunities for work, it is possible that I would
have said that she should explore that as an option.
Q. Did you tell her she would get extra money if she massaged Jeffrey?
A. I'm just saying, I cannot recall the exact conversation. I give career
advice and I have done that.
Q. Did you ever have Johanna massage you?
A. I did.
Q. How many times?
A. I don't recall how many times.
Q. Was there sex involved?
A. No. . . .
Q. Did you ever have sexual contact with Johanna?
MR. PAGLIUCA: Object to the form and foundation. You need to give
me an opportunity to get in between the questions.
Anything that involves consensual sex on your part, I'm instructing you
not to answer.
Q. Did you ever have sexual contact with Johanna?
A. [MR. PAGLIUCA?] Again, she is an adult --
Q. I’m asking you, did you ever have sexual contact with Johanna?
A. I’ve just been instructed not to answer.
Q. On what basis?
A. You have to ask my lawyer.
See McCawley Decl. at Exhibit 4, Tr. of Maxwell Depo. (Apr. 22, 2016) at 60-62 (emphasis
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Here again, this information is critical to the case. Among other things, these questions
are designed to show a modus operani (“M.O”) for Epstein and Maxwell – specifically, how they
recruited for a non-sexual massage than converted the massage into sexual activities.
One last illustration comes from Defendant’s refusal to answer about her knowledge of
Epstein’s sexual interests during massages:
Q. Does Jeffrey like to have his nipples pinched during sexual
MR. PAGLIUCA: Objection to form and foundation.
A. I'm not referring to any advice on my counsel. I'm not talking about
any adult sexual things when I was with him.
Q. When Jeffrey would have a massage, would he request that the
masseuse pinch his nipples while he was having a massage?
A. I'm not talking about anything with consensual adult situation.
See McCawley Decl. at Exhibit 5, Tr. of Maxwell Depo. (Apr. 22, 2016) at 82.
While Epstein himself might also provide answers to these questions, it appears likely
that he will assert his Fifth Amendment privilege regarding his sexual activities. Accordingly,