Beyond The Horizon
The Epstein Survivors And Their Amended Complaint Against The USVI (Part 1) (7/16/24)
An amended complaint is a formal legal document that revises and updates the original complaint filed in a court case. It serves several key purposes and can be used in various situations to ensure that the legal proceedings are based on the most accurate and complete information available.Purposes of an Amended Complaint
- Correcting Errors: If the original complaint contains typographical errors, inaccuracies, or other mistakes, an amended complaint can be filed to correct these issues. This ensures that the document is accurate and clear.
- Adding New Information: As a case progresses, new facts or evidence might come to light. An amended complaint can include this new information to reflect the most current understanding of the situation.
- Changing Legal Claims: Sometimes, the legal strategy may change, requiring adjustments to the claims or causes of action presented in the complaint. An amended complaint allows the plaintiff to modify their legal arguments.
- Addressing Defenses: If the defendant raises specific defenses in their response to the original complaint, the plaintiff might need to amend the complaint to address these defenses or to clarify certain points.
- Including Additional Parties: In some cases, new parties (either plaintiffs or defendants) may need to be added to the lawsuit. An amended complaint can be used to include these additional parties.
- Filing the Amendment: The plaintiff drafts the amended complaint, making the necessary changes and including any new information. This document is then filed with the court.
- Serving the Defendant: The amended complaint must be served on the defendant, just like the original complaint. This gives the defendant an opportunity to respond to the new allegations or claims.
- Court Approval: In some cases, especially if the amendment is made after certain deadlines, the plaintiff may need to seek the court's approval to file the amended complaint. This usually involves filing a motion to amend and explaining the reasons for the changes.
- Response from Defendant: Once the amended complaint is served, the defendant has the right to respond, either by filing an answer or a motion to dismiss, depending on their legal strategy and the nature of the amendments.
- Timing: The timing of the amendment is crucial. Early amendments (e.g., before the defendant has responded) are generally easier to make and often do not require court approval. Later amendments might be subject to stricter scrutiny and require a stronger justification.
- Scope: The scope of the amendments can also be a factor. Minor corrections are typically less contentious, while significant changes to the claims or parties involved might require more detailed justification and may be more likely to face opposition from the defendant.
- Strategic Use: Amending a complaint is a strategic tool that can strengthen a plaintiff's case. However, it must be used carefully to avoid unnecessary complications or delays in the proceedings.
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to contact me:
bobbycapucci@protonmail.com
source:
gov.uscourts.nysd.610915.6.0.pdf (courtlistener.com)
- Duration:
- 18m
- Broadcast on:
- 16 Jul 2024
- Audio Format:
- mp3
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And welcome back to the Epstein Chronicles. In this episode, we're getting right back to those core documents, and we're going to take a look at the amended complaint filed by the Jane Doe's against the United States Virgin Islands. The amended complaint and the demand for a jury trial. 1. Plaintives, Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, and Jane Doe 6, individually and on behalf of all others similarly situated, filed this amended complaint against the government of the United States Virgin Islands here after USVI. First lady, Cecile Dijang, Governor Kenneth Map, Senator Salistino White, Attorney General Vincent Frazier, Governor John Dijang, Senator Carlton Dow, Delegate Stacey Plaskett, and John Doe's 1-100. For violations of the Trafficking Victims Protection Act, TVPA, US Code 18, Section 1591-1595, end of negligence, and in support thereof, allege as follows. 1. Jurisdiction, venue, and timelines. 2. This action is brought pursuant to various federal and US territorial statutes, including the Federal Trafficking Victims Protective Act, TVPA, US Code 18, Section 1589-1595. This Court has Federal Question Subject Matter Jurisdiction pursuant to US Code 28, Section 1331, because Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, and Jane Doe 6, each individually and on behalf of all others similarly situated, proceed under the Federal TVPA statute. 3. This Court has also Supplemental Jurisdiction of the state law claims recounted below pursuant to US Code 28, Section 1367-A, because all claims alleged, herein, are part of a uniform pattern in practice and form part of the same case or controversy. 4. venue is proper in the United States District Court of the Southern District of New York, pursuant to US Code 28, Section 1391-B&2, because substantial activities occurred in this district, including but not limited to the following. 1. Epstein's sex trafficking operation was based, managed, and operated out of New York City in this district. 2. Defendants, their officers, agencies, agents, servants, and/or employees, regularly communicated with Epstein about the formation, operation, maintenance of Epstein's sex trafficking ring by electronic means, including voice, telephone, text message, video, telephone, or meeting, while Epstein was in his New York office and/or residence in this district. 3. Epstein and his co-conspirators, including defendants knowingly aided and abetted, facilitated, and directly participated in Epstein's illegal venture through financial and non-financial transactions that originated in this district. 4. The Commercial Acts of Sexual Abuse, committed by Epstein, and certain select friends, took place in Jeffrey Epstein's New York mansion, located within this district. At 9E, 71st Street, New York City, among other locations, including the USVI. Epstein used his New York mansion to harbor his victims, and as a base from which to transport them to other locations outside of New York. 5. defendants received numerous substantial payments from Epstein's JP Morgan Chase, New York accounts, as demonstrated below and has set forth in the various filings of both parties in the government of the US Virgin Islands, versus JP Morgan Bank, North America, Case #122-CV-10904-JSR-SDNY2023. 6. On at least one occasion, First Lady Cecile de Jong stayed in one of Epstein's apartments in New York for a month in 2017, nearly a decade after Epstein completed his prison sentence for soliciting minors for prostitution, in order to advise and assist him in securing the USVI's cooperation as a safe harbor for his sex trafficking ring. 8. Stacy Plaskett, delegate to the US House of Representatives from the USVI's Outlarge District, visited Epstein at his New York mansion to request that he contribute to her political campaigns, and Epstein and his colleagues paid her campaigns $30,000. Plaskett also visited Epstein at his New York mansion to request a $30,000 contribution to the Democratic National Committee, which was ultimately declined because Plaskett knew Epstein failed their vetting. 8. The transportation for the Epstein's sex trafficking ring was owned, stored, and maintained the New York state, in particular Epstein's private jets and vehicles, which were used to transport victims and Epstein's clients, or purchased, owned, stored, and maintained in New York. 9. Many of the traffic women, including plaintiffs, herein, were solicited by Epstein while he was in New York, and then transported from New York to the USVI and held captive and abused in the USVI at Epstein's USVI estate. 10. At the time of the events at issue, plaintiffs resided in New York, New York in this district. 11. Likewise, Epstein solicited many of his co-conspirators for the sex trafficking ring during meetings held in New York, seeking out their interest in engaging in sex crimes before extending invitations to the island, inclusive of his private transportation to avoid publicity. 12. Epstein also facilitated entry into the United States Virgin Islands for the pro-curement of travel documents while he was in New York office and/or residence. 5. All causes of action arose from 2001 and continuing until 2019. 6. This action has been timely filed pursuant to US Code 18, Section 1595-C1, which provides that a plaintiff shall have 10 years after the cause of action arose to file suit against any person who knowingly benefits financially or by receiving anything of value from participation in a venture which that person knew or should have known violated the laws against sex trafficking. As the conspiracy continued until 2019, this action is timely. This action is also timely under the New York Adult Survivors Act 7. Further, defendants actively and knowingly concealed their tortious actions from the plaintiffs and the public for many years. It was not until the recent case, US Virgin Islands vs. JP Morgan Chase Bank, North America, US District Court SDNY, #22-10904, where JP Morgan Chase deposed members of the USVI government that the plaintiffs and public learned of the many acts committed by defendants which contributed to and caused plaintiff's injuries under the federal statute set forth below. 8. In addition, the New York Adult Survivors Act created a one-year window for adult sexual abuse victims to bring their negligence claims, making this action timely under CPLR 214-J. 2. The Introduction 9. Plaintives Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, and Jane Doe 6 on their behalf and on behalf of others similarly situated, filed this complaint for damages and other relief, among other provisions of law, the United States Federal Antisex Trafficking Statute, US Code 18, Section 1591, the Trafficking Victim Protection Act, TVPA, and for aiding and abetting and negligence. 10. The suit arises from the USVI's participation and involvement in Jeffrey Epstein's widespread and well-publicized sex trafficking operation, as well as the many individuals and representatives of the government who gave orders to provide preferential treatment to Epstein, which allowed, collaborated, and encouraged them to continue a sex trafficking enterprise in order to continue to receive the benefits it derived from its relationship with them. 11. The USVI's government actions actively facilitated Epstein's crimes and misconduct. 12. Government officials, including but not limited to, defendants, First Ladies, Cecile Zong, Governor Kenneth Mab, Senator Salestino White, Attorney General Vincent Frazier, Governor John Zong, Stacey Plaskett, and Senator Carlton Dow, facilitated Epstein in his ongoing sex trafficking operation by ensuring that Epstein received preferential treatment and unfettered unmonitored freedom, while in the USVI and by providing Epstein and/or his company's instruments, which further enabled his sex trafficking ring and related crimes. 13. Upon information and belief, government employees John Doe's One Through One Hundred followed the orders of the aforementioned government officials, the USVI, and others further enabling Epstein in his crimes. "We all have somewhere we're trying to get to. As the largest energy producer in Colorado, Chevron is working to responsibly meet rising energy demand. So everyone can get to where they want to be. You've arrived. That's Energy in Progress. Visit chevron.com/tankless. What if you could have a career where the opportunities are as vast as our nation, where it's not about mission statements, but a shared mission? At US Customs and Border Protection, we go beyond to protect more than borders, from ship to shore, air to ground, cities to local communities. CBP agents and officers are keeping people safe. Join US Customs and Border Protection and go beyond for something far greater than yourself. Learn more at CBP.gov/careers. 14. Defendant USVI knew or should have known that it was providing Epstein with a safe haven to create, operate, maintain, and expand his sex trafficking ring. The protection of the government to run set operation and the willful ignorance that such operations were occurring and continuing to occur at the behest of the USVI government. 15. Government officials and employees were given orders to carry out set government sanction priorities, privileges, and benefits, negligently allowing Epstein to continue with his operations uninterrupted and without fear of police, airport, Coast Guard, or Customs intervention. In exchange, the USVI government leaders, staff, and officials benefited by receiving generous financial donations, financial advice, support loans, access to lines of credit from Epstein and his entities, and that crucial financial support allowed Epstein to successfully rape, sexually assault, cohesively sex-traffic plaintiffs, and numerous other women freely and openly, accessed underage and other women, and a haven to act without government scrutiny by Customs, Police, or Airport personnel, or public knowledge. 16. Other government staff and officials, including John Doe's 100, followed the orders of these officials and in turn, maintained their government employment. 3. The parties. 17. Jane Doe is a US citizen and was at all relevant times a resident of and domiciled in the state of New York, New York. 18. Jane Doe II is a US citizen and was at all relevant times a resident of and domiciled in the state of New York. 19. Jane Doe III is a US citizen and was at all relevant times a resident of and domiciled in the state of New York. 20. Jane Doe IV is a US citizen and was at all times a resident of and domiciled in the state of New York. 21. Jane Doe V is a US citizen and was at all relevant times a resident of and domiciled in the state of New York. 22. Jane Doe VI is a US citizen and was at all relevant times a resident of and domiciled in the state of New York. 23. The Jane Doe plaintiffs are using a pseudonym to protect their identity because of the sensitive and highly personal nature of this matter which involves sexual assault. 24. The Jane Doe plaintiffs are also at serious risk of retaliatory harm because the conspirators who participated in the Epstein sex trafficking venture had and continue to possess tremendous wealth and power and have demonstrated a clear ability to cause their serious harm. 25. The Jane Doe plaintiffs safety right the privacy and security outweigh the public interest in their identification. 26. The Jane Doe's plaintiffs legitimate concerns outweigh any prejudice to defendants by allowing them to proceed anonymously. Accordingly, the Jane Doe plaintiffs filed a motion to proceed anonymously that was granted by this court. 27. As discussed below, many other women who are victims and survivors of sexual abuse and trafficking are similarly situated to the Jane Doe plaintiffs and also need to proceed anonymously for the same reasons. The identities of most of these women are known to defendants and will be provided to them as required. 28. plaintiffs bring this action against the Attorney General pursuant to its authority to represent the government of the United States Virgin Islands. 29. plaintiffs bring this action against the Attorney General as a representative of the USVI, which is vicariously liable for the negligent acts of its employees, including John Doe's one through 100, pursuant the Virgin Island Code, 33, Section 3411, and 3414A. 30. Defendant, First Lady Cecile Dijang, was at all relevant times the First Lady of the USVI. 31. Defendant, Governor Kenneth Mapp was at all relevant times the Governor of the USVI. 32. Defendant, Celestine O'White was at all relevant times the Senator of the USVI. 33. Defendant Attorney General Vincent Frazier was at all relevant times the Attorney General of the USVI. 34. Defendant, Governor John Dijang was at all relevant times the Governor of the USVI. 35. Senator, Carlton Doe was at all relevant times the Senator of the USVI. 36. Defendant Stacey Plaskett was at all relevant times an Attorney for the USVI's EDC when it approved over $300 million in tax breaks for Epstein's companies and a delegate to the US House of Representatives from the US Virgin Islands at large district. 37. Defendant, John Doe's one through ten and fifty one through a hundred were employees of the USVI working for and of the USVI as their agents, employees, and/or officers acting in the scope of their employment as USVI customs agents and/or officers. 38. Defendant, John Doe's eleven through twenty were employees of the USVI working for and of the USVI as their agents, employees, and/or officers acting in the scope of their employment for the USVI as air traffic controllers. 39. Defendant, John Doe's twenty one through thirty were employees of the USVI working for and as the USVI as agents, employees, officers acting in the scope of their employment as airport baggage check agents. 40. Defendant, John Doe's thirty one through forty were employees of the USVI working for and of the USVI as their agents, employees, and/or officers acting in the scope of their employment as USVI police officers. 41. Defendant, John Doe's forty one through fifty were employees of the USVI working for and of the USVI as their agents, employees, and/or officers acting in the scope of their employment as USVI Coast Guard agents. 42. The USVI is responsible under United States law and otherwise for the acts of its officers, directors, employees, and agents including the acts described in this complaint. 43. The acts alleged were committed by USVI officers, directors, employees, and agents were within the actual and apparent scope of their employment and with the intention, at least in part, to benefit the USVI. 44. USVI's governmental activities, including the events alleged herein, were in and affecting interstate and foreign commerce. In connection with the acts alleged in this complaint, defendants directly or indirectly used the means and instrumentalities of interstate commerce, including but not limited to the airports, ports, and territories. All right, we're going to wrap up the first episode here and in the next episode we're going to pick up with four facts of the case. All of the information that goes with this episode can be found in the description box. A new law is helping me save more money on prescription drug costs. You may be able to save too. With Medicare's extra help program, my premium is zero and my out-of-pocket costs are low. Who should apply? 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