![EFTA00801507 | EFTA00801517
Epstein v. Rothstein, et al.
"To shoulder the `onerous burden' of demonstrating an absence of probable cause, the
plaintiff must show that the original criminal proceeding was initiated 'without a reasonable
ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a
cautious man in the belief that the person accused is guilty of the offense with which he is
charged."' Burns v. GCC Beverages, Inc., 502 So. 2d 1217, 1219 (Fla. 1986). Furthermore, the
law is clear that "[p]robable cause in the context of a civil suit is measured by a lesser standard
than in a criminal suit." Wright, 446 So. 2d at 1166 (emphasis added). It is well-rooted in
Florida law "that a criminal charge may be based on probable cause while a conviction of the
person accused cannot be obtained unless he be found guilty beyond a reasonable doubt." Ward
v. Allen, 11 So. 2d 193 (Fla. 1942). As such, the level of cause needed to bring forth an action,
even in a criminal case, is far less than that necessary to support a criminal conviction. Courts
must only look to the facts within the Plaintiff's knowledge at the time suit was filed to
determine if they were sufficient to constitute probable cause for the commencement of the
lawsuit. Fee, Parker & Lloyd, P. A. v. Sullivan, 379 So. 2d 412, 418 (Fla. 4th DCA 1980).
Here, Epstein is entitled to judgment as a matter of law because Edwards cannot satisfy
the indispensable element of the absence of probable cause. Thompson McKinnon Securities, Inc.
v. Light, 534 So. 2d 757, 759 (Fla. 3d DCA 1988). As the Florida Supreme Court stated
in Goldstein v. Sabella, 88 So. 2d 910 (Fla.1956):
Probable cause is defined as "A reasonable ground of suspicion, supported by
circumstances sufficiently strong in themselves to warrant a cautious man in the
belief that the person accused is guilty of the offense with which he is
charged." Dunnavant v. State, Fla., 46 So.2d 871, 874. This, as well as](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:ndjyym3ihrqu3g25gdztefrv/bafkreidjubztjcf5agac5gsenocnj2kxw32bpvct3unndwotzhfqbsaq4i)
![EFTA00801498 | EFTA00801500
situation, and ask investors to buy into some made up fictitious story." (Tr. 160-61.) In fact,
Edwards admitted that "[Rothstein] used actual evidence to support a fabricated story." (Tr. 164.)
Edwards needs no other witnesses because he admitted under oath that Epstein's
suspicions were correct and Rothstein was concocting and fabricating stories about Epstein to
continue to fund the Ponzi scheme?
ARGUMENT
To prove his Counterclaim, Edwards should be focused on whether a reasonably cautious
person would have felt comfortable filing the civil proceeding against Edwards. Lacking any
admissible evidence about Epstein's state of mind, Edwards is trying to create a three-ring circus.
Epstein's sexual contact with minors is not relevant to whether Epstein had probable cause to
commence a civil proceeding against Edwards. We understand Edwards' desire to obfuscate
these issues because as a malicious prosecution plaintiff, he has the "onerous" burden of
establishing, by the greater weight of the evidence, that the defendant commenced and continued
a judicial proceeding without probable cause. See Bunts v. GCC Beverages Inc., 502 So. 2d
1217, 1219 (Fla. 1986); Endacott v. Int'l Hospitality, Inc., 910 So. 2d 915, 923 (Fla. 3d DCA
2005) ("plaintiff must show that probable cause was lacking at all stages of the underlying
proceeding."). A civil litigant has probable cause to bring a suit when he has "a reasonable
belief, based on facts and circumstances known to him, in the validity of the claim." Wright v.
Yurko, 446 So. 2d 1162, 1166 (Fla. 5th DCA 1984) (citations omitted). Thus, the facts that are
relevant to the question of whether Epstein had probable cause are those that were known to
Epstein when he commenced his proceeding against Edwards and that bear upon the
reasonableness of his belief in the validity of his claims. Evidence of Epstein's sexual contact
with minorsโEdwards' clients or otherwise-is not relevant because it has no bearing](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:ndjyym3ihrqu3g25gdztefrv/bafkreig6bst6ge322vgrbcee5ntzcktczpko2rujcmarp5hwtnib4rvr7e)
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Lessons from the war: A call for strategic reckoning in West Asia | GCC - Iran
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The IMF is asking different questions about Gulf risk - EUROPE SAYS
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How To Install GCC On Ubuntu 26 04
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GCC Git Lands Fix For Missing AVX-512 Optimizations On AMD Zen 6
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Original post on cyberwarriorsmiddleeast.com
Katie Martin@katie0martin.ft.com
by the UAE ambassador to the US: as.ft.com/r/fff4d71f-f...
as.ft.com
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