Epstein estate CSAM lawsuit seeks victim identification process
Two women seek a court-supervised effort to identify and notify people depicted in material seized from Jeffrey Epstein.
By Dominic Okoye · Staff Writer
· 3 min read
Two women using pseudonyms have filed the Epstein estate CSAM lawsuit in Manhattan federal court, asking for a court-supervised process to identify and notify people depicted in child sexual abuse material that plaintiffs say was seized from Jeffrey Epstein. The proposed class action also seeks at least $6 million for more than 40 potential class members, putting a new focus on whether people appearing in the material have been located and informed.
The defendants are Darren Indyke, Epstein's former attorney, and Richard Kahn, his former accountant, in their capacities as co-executors of the estate. The complaint does not represent a court finding, and no ruling on class certification, liability or damages has been reported.
According to Reuters, a lawyer for Indyke declined to comment. An attorney for Kahn did not immediately respond to a request for comment.
Who would be covered by the Epstein estate CSAM lawsuit?
The proposed class is limited to people who were under 18 when they were depicted in child sexual abuse material found in Epstein's collection, according to Ars Technica's account of the complaint. It would not cover people who experienced hands-on abuse by Epstein but were not depicted in material recovered from his collection.
The plaintiffs estimate that about 40 people can be identified through records held by the estate and the U.S. government, including through the National Center for Missing and Exploited Children's Victim Identification Program. That estimate is an allegation in the complaint, not a verified tally. Ars Technica reported that it could not immediately obtain confirmation from NCMEC about the plaintiffs' assertions concerning the identification work.
The named plaintiffs, Jane Doe and Amy, are suing anonymously. The complaint says neither knows for certain whether her images were among the material found in Epstein's collection. Jane Doe alleges that Epstein stole partially nude photographs taken when she was 12; Amy alleges that she appears in older CSAM that remains in circulation, according to Reuters.
What are the plaintiffs asking the court to do?
The lawsuit asks the court to establish and oversee one coordinated system to identify and notify people shown in the seized material. Plaintiffs also seek preservation and an accounting of the collection, which they say would let affected people determine whether, and how often, their images were involved.
- Identify people depicted in material recovered from Epstein's properties.
- Notify eligible people through a court-supervised process.
- Preserve and account for the seized material for potential claims.
- Award $150,000 to each class member, plus other monetary penalties, according to Reuters.
Reuters reported that the complaint describes thousands of images and videos in the collection. The plaintiffs' allegations about the collection, Epstein's conduct and past notification efforts have not been adjudicated.
Epstein was convicted in 2008 of soliciting sex from a minor and was charged with sex trafficking of minors in 2019. He died in 2019 while awaiting trial on the trafficking charges, Reuters and NBC News reported. Reuters also reported that he was not prosecuted for creating, obtaining or distributing CSAM.
This story draws on original reporting from Ars Technica.