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CIVIL CASE NO.: 012P'41-156.
Plaintiff,
vs.
K. INDYKE, in his capacity as EXECUTOR OF
RICHARD D. KAHN, in his capacity as
EPSTEIN, and NES, LLC. a New York Limited
Liability Company,
Defendants.
COMPLAINT
; -;.t.;;;Nt ;
1U1103
ra
:X
2
THIS.\O11/).
7.
['his i; ;in action thr indemnilleativo thr and ad\ anc n cnt of the attorneys' fees.
security costs. costs to Iln. safe accommodation. and all other expenses N'lax‘‘ell has reasonably
incurred and will incur by reason of her prior employment relationship with Jeffrey E. Epstein
("Epstein') and his affiliated businesses in connection with any threatened, pending, or completed
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suit, proceeding, or investigation relating to Epstein, his affiliated businesses, and his alleged
victims.
2.
Plaintiff Ghislaine Maxwell is an adult citizen of the United States.
3.
Jeffrey E. Epstein was a resident of the Virgin Islands. The Estate of Jeffrey E.
Epstein was created following Epstein's death and is domiciled in the Virgin Islands.
4.
Defendant Darrell K. Indyke is an Executor of the Estate.
S.
Defendant Richard D. Kahn is an Executor of the Estate.
6.
Defendant NES, LLC. is a limited liability company organized under the laws of the
State of Nen York on or about August 13. 1998.
7.
This Court has jurisdiction iaer
matter oursannt to 4 V.I.C. $ 74.
• .'•-t i •
:.roar
. .' j
:.•
••••:•••
•
NES I .C. Ncv.
JECil:" inc.. and l.. st.
Whi1c
v.tis rcsp.wt;ibic for ;tannin:4 Epstein's
properties, including properties located in Ne
York. Paris, Florida. New \lexico. and the U.S.
Virgin Islands.
I I.
During the course of their relationship. including while Maxwell was in Epstein's
employ. Epstein promised Maxwell that he would support her financially.
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12.
Epstein made these promises to Maxwell repeatedly, both in writing and in
conversation.
13.
Epstein restated these promises when Maxwell was in the process of leaving
Epstein's employ to start a new business of her own.
14.
Epstein assured Maxwell that even if her business ventures failed he would support
her financially.
IS.
In approximately 2001, Maxwell began transitioning to a more limited employment
role for Epstein and his affiliated businesses.
In approximately 2004, Maxwell received a
typewritten letter from Epstein with a handwritten note asking Maxwell to remain in Epstein:s
employ and promising that no matter what Maxwell chose to do. Epstein would always support
Niax‘Nell
.t
• .
IM.
stern
\tlavxdi and ty.lv.ine:•d
lees and sewernem costs
incuvreti in conn,:i:ti:o
lam, suit Wed H, Stath
Ransome against Epstein in 2017 (Jaw Doe 43 v. Epstein. et 01.. I7-cv-00616-JOK
19.
Consistent with his repeated promises. Epstein also paid Maxwell's legal bills
incurred in connection with a civil suit filed by
gainst Epstein in 2009.
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20.
Epstein's promise is further evidenced by the fact that Epstein indemnified and
advanced legal fees and expenses for a number of other employees in other various lawsuits relating
to Epstein, his affiliated businesses, and his alleged victims.
21.
Indyke, in his capacity as an Executor of the Estate, also made assurances to
Maxwell that Maxwell's legal fees and obligations would be reimbursed by Epstein and the Estate,
and that Maxwell's legal fees and expenses would be paid going forward.
22.
Indyke told Maxwell that her legal fees would be paid because she would not have
incurred any legal expenses but for Epstein's alleged misconduct, and that Epstein's promises
would be honored.
23.
Epstein was found dead on AtIIILISi 10. 2019 in NO\ York.
14.
rin
IS. :`.0!() Lid> ke and Ktilr, riled a
2r.! ;.• : ,)1
iast
:rsoncd securii, •_r'
saft :E
nur. •..ati ..... .
27.
Maxv1/4ell is entitled to ind..mmilication and advancement of expenses incurred by
reason of her employment relationship with Epstein and his affiliated businesses. including
attorneys' fees, as well as security costs and costs of finding safe accommodation, all of which are
ongoing, extensive, and directly related to the pending suits, proceedings. and investigations
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concerning Epstein's alleged misconduct. These expenses will be ongoing due to the extensive
global coverage and interest in these events and proceedings.
28.
By letter dated November 22, 2019, Maxwell submitted a claim to the Estate,
addressed to Indyke and Kahn, requesting that the Estate honor its obligation to provide
indemnification as requested in this action.
29.
The Estate has not honored or even formally responded to Maxwell's claim.
30.
Maxwell was compelled to file this Complaint because the Estate has not honored
her claim for indemnification as requested in this action.
31.
Given that Maxwell was forced to seek judicial intervention to vindicate her right to
indemnification by the Estate. she is entitled to recover the reasonable tees incurred in this action to
:li.tt right.
r.hat he
prior en,ployment rdationship v. WI him and
.31tdiated business .
34.
Nlay.vell reasonably and justitiably relied on Epstein's promises and put her trust in
Epstein that he would fulfill his promises.
35.
As such. Maxwell elected to leave Epstein's employ to pursue her own business
ventures because she trusted that Epstein would continue to support her financially.
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36.
The Estate has failed to uphold Epstein's promise to indemnify and advance
expenses incurred by reason of Maxwell's employment relationship with Epstein and his affiliated
businesses.
37.
Maxwell's reliance on the Estate's promises was a substantial factor in causing
Maxwell harm as alleged herein.
38.
For the foregoing reasons, Maxwell is entitled to indemnification and advancement
from the Estate of expenses incurred by reason of her employment relationship with Epstein and his
affiliated businesses.
COLN.'" T1,"O
Indetmlification (Common LUNN
39.
Plaintiff repeats and realleges the roregying
of this Complaint as though
or
.1.UN
I thC:r
husim:sses.
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42.
The suits, proceedings, and/or investigations
for which Maxwell
seeks
indemnification were instituted against Maxwell solely because she was an employee of Epstein and
his affiliated businesses.
43.
Maxwell incurred these legal fees and expenses as a direct result of Epstein's acts
and/or omissions.
44.
For the foregoing reasons. Maxwell is entitled to indemnification and advancement
from the Estate of expenses incurred by reason of her employment relationship with Epstein and his
affiliated businesses.
COUNT TI-IREE
Indeinnitication (NES. Lik and (Miter Entities)
45.
Plaintiff r:pcats and .,ealk,Jes the
allev tions or this coinpluint a, .,how i t ;
:•111,. set ihrth
.
!It's Heurred
pet".:>(JIWI.
estif4otit,:i;
expenses b. reason of her employment relationship with NES.
49.
Upon infommtion and belief, as of September 2006. Defendant Kahn 11 as the
Comptroller of NES, LLC.
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50.
By letter dated November 22, 2019, Maxwell requested indemnification from NES,
LLC for the legal fees, personal security costs, and other expenses incurred by reason of her
employment relationship with NES, LLC, among other entities, and never received a response.
51.
By the same letter dated November 22. 2019, Maxwell requested copies of
documents setting forth applicable indemnification and/or advancement rights and policies,
including any operating agreements for NES. LLC. and never received a response.
P.
Maxwell was also employed by several of Epstein's other entities, including. but not
limited to, the C.O.U.Q. Foundation, New York Strategy Group, JEGE LLC, JEGE Inc.. and LSJ,
LLC.
53.
Upon information and belief, the corporate organizational documents or these other
entities
pro%
riy!,.. of indcznHt
Maxwell l'or
inf.-IA:T.:A by r:nson or her
Ii
:
a:'. .:1
HI' the
:.\•\,.i,
enritied
a-4 adv...n: mcilt
ftem
LLC. and•or
Fstrat.
Ap:2mies incosTcci
;ler eniplomtnr,
with NES. !.LC. Epstein. andur an\ of his other entitle: With %%bon) Maxwell c as affiliated or
employed.
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WHEREFORE, Maxwell respectfully requests that this Court enter judgment in her favor
and against the Estate and grant her the following relief:
A.
an Order declaring that Maxwell is entitled to indemnification and advancement
from the Estate and/or NES, LLC the reasonable attorneys' fees and expenses she has incurred by
reason of her employment relationship with Epstein, NES. LLC, and his other affiliated businesses,
including attorneys' fees incurred in connection with any threatened, pending. or completed suit.
proceeding. or investigation relating thereto, security costs and costs of finding safe accommodation
incurred as a result thereof, and all other expenses Maxwell has reasonably incurred and will incur
in the future by reason of her prior employment relationship ‘‘ ith Epstein. NES, LLC, and his other
:Affiliated Ntisinc.:•,:s:
•
lOterc•ii
. '- •
ti:-1
' ;:tit:re;t: ?chi
!;!: and
retie.
\;•hic:i
co.C;!
f
t qui!..:„ or as
this Court mis”. them just and proper.
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Dated: March 12 , 2020
Attorne s
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