A New York judge has denied — for now — a motion by Delegate Stacey Plaskett to sanction the attorney representing six victims of Jeffrey Epstein in a lawsuit against the V.I. government and various territory officials.
Judge Arun Subramanian denied the motion without prejudice, meaning it may be brought again, because he has yet to rule on pending motions to dismiss the case filed by the V.I. government, Plaskett and other defendants, including former First Lady Cecile de Jongh, who was Epstein’s office manager from 2000 to 2019, and former Gov. John de Jongh Jr., her husband.
The suit, brought in District Court for the Southern District of New York, also names former Senators Celestino White and Carlton Dowe, who now heads the V.I. Port Authority, former Attorney General Vincent Frazer, and former Gov. Kenneth Mapp. All have denied wrongdoing, and in its latest motion to dismiss the complaint, filed on July 3, the V.I. Justice Department said the “allegations and lawsuit have no merit.”
The complaint by Jane Does 1-6 alleges negligence and violations of the Trafficking Victims Protection Act and the Racketeer Influenced and Corrupt Organizations Act, or RICO, claiming territory officials actively conspired with Epstein to perpetuate his sex-trafficking scheme for their own gain. It also names John Does 1-100, who it claims were “employees of the USVI” but, except for nine unnamed VIPD officers, are described as working for air traffic control, customs, or the coast guard, which are federal roles.
The amended complaint leans almost entirely on information gleaned from the V.I. government’s lawsuit against JPMorgan Chase, Epstein’s primary bank until 2013, which was settled for $75 million in September. The defendants were all deposed in that case, but the publicly available records are heavily redacted and much remains sealed under a protective order. On April 29, the Does filed a motion seeking a court order granting them access to the full record. The judge in that case, Jed S. Rakoff, denied the request in a ruling on June 28.
On July 5, Plaskett filed notice that she will seek sanctions against Jordan K. Merson, the Jane Does’ attorney, saying the claims against her amount to “outright untruth, fiction, and misrepresentation.” Mapp and John de Jongh sought to join the motion, which Merson objected to over procedural issues. Ultimately, the judge said the issue is moot until he rules on the motions to dismiss.
Subramanian also held a hearing Friday on the V.I. government’s motion to withdraw as the attorney for Mapp and Frazer, who were represented by the Justice Department until the second amended complaint redefined their roles in the alleged scheme as acting in both an official and private capacity. The other defendants all have private attorneys save for White and Dowe, who have cited difficulties finding counsel in New York but have sought leave to join the government’s motions to dismiss.
Mapp objected to the government’s motion to withdraw as his attorney at Friday’s hearing but after ex parte discussions that included Mapp, Frazer, the DOJ and its counsel from Motley Rice, Subramanian issued an order that both Mapp and Frazer “shall” have counsel enter an appearance on their behalf no later than July 22, or submit letters indicating that they intend to appear pro se, meaning representing themselves. Mapp did so on Tuesday by filing a consent to electronic service in the case.
A registered sex offender who pleaded guilty to procuring a minor for prostitution in Florida in 2008, Epstein died by apparent suicide in August 2019 at age 66 while in detention in New York on federal human trafficking charges. His primary residence was Little St. James, his private island off St. Thomas where for years he ran a complex web of shell companies registered in the USVI — and afforded some $300 million in tax breaks through the territory’s Economic Development Commission — that enabled his crimes.
A central issue in the case is whether New York and the Manhattan federal court are the correct venue and jurisdiction for the complaint when the defendants are based in the USVI, their alleged crimes took place in the territory, and it cites only the most tenuous ties to Epstein’s business in New York, where he had a mansion and other properties. Moreover, the U.S. Virgin Islands is a sovereign entity and thus immune to the TVPA, RICO and negligence claims, the government has said.
“Even if the Plaintiffs could surmount these jurisdictional hurdles, the Court lacks subject matter jurisdiction, and the Complaint fails to state a claim for relief,” the government’s latest motion to dismiss states.
While the Justice Department is not representing the other defendants, it makes many of the same criticisms raised by them: the complaint is vague, overly long at 83 pages, and draws unsubstantiated conclusions, which makes defending against it difficult if not impossible.
“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face,” the motion states, citing case law. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.”
