Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 2 of 57 PageID #: 11479 1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF NEW YORK 4 -----------------------------------x 5 HILLARY LAWSON, KRISTINA HALLMAN, STEPHANIE CALDWELL, MOIRA HATHAWAY, MACEY SPEIGHT, ROSEMARIE PETERSON, and LAUREN FULLER, 6 7 Plaintiffs, 8 -against- Case No. 1:17-cv-06404 9 10 11 12 13 HOWARD RUBIN, JENNIFER POWERS, and the DOE COMPANY, Defendants. -----------------------------------x October 16, 2018 10:07 a.m. 14 15 Videotaped Deposition of JENNIFER 16 POWERS, taken by Plaintiffs, pursuant to 17 Notice, at the offices of Balestriere 18 Fariello, 225 Broadway, New York, New 19 York, before ERIC J. FINZ, a Shorthand 20 Reporter and Notary Public within and for 21 the State of New York. 22 23 24 25 Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 3 of 57 PageID #: 11480 1 2 A P P E A R A N C E S: 3 BALESTRIERE FARIELLO Attorneys for Plaintiffs 225 Broadway New York, New York 10007 4 5 6 7 BY: JOHN G. BALESTRIERE, ESQ. john.balestriere@balestrierefariello.com BRIAN L. GROSSMAN, ESQ. brian.grossman@balestrierefariello.com 8 9 10 SCHLAM STONE & DOLAN LLP Attorneys for Jennifer Powers 26 Broadway New York, New York 10004 11 BY: 12 13 DOUGLAS E. GROVER, ESQ. dgrover@schlamstone.com JOLENE F. LaVIGNE-ALBERT, ESQ. jlavignealbert@schlamstone.com 14 15 16 DECHERT LLP Attorneys for Howard Rubin 1095 Avenue of the Americas New York, New York 10036 17 BY: 18 EDWARD McDONALD, ESQ. (edward.mcdonald@dechert.com) 19 20 22 YIFAT V. SCHNUR ESQUIRE LLC Attorneys for Howard Rubin and Jennifer Powers 22 Prescott Street Edison, New Jersey 08817 23 BY: 21 24 25 YIFAT V. SCHNUR, ESQ. (yifatschnur@gmail.com) Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 4 of 57 PageID #: 11481 1 2 ALSO PRESENT: 3 HOWARD RUBIN 4 RUDOLFO DURAN, Videographer 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 5 of 57 PageID #: 11482 1 2 JENNIFER POWERS Q. When did you have a personal 3 relationship with him? 4 begin? 5 A. When did it Sometime, my dates are a 6 little bit foggy. 7 so long ago. 8 2007, I met Howie February or March of 9 2007. 10 11 Q. Just being that it was But I believe it was in Why do you remember that it was February or March? 12 A. Because it was cold outside. 13 Q. And did you become friends? 14 What kind of relationship did you begin 15 in February or March of 2007 with 16 Mr. Rubin? 17 A. We became friends. 18 the nightclub. 19 after we met we exchanged email 20 addresses. 21 22 23 24 25 Q. We met at He was a client. And And that was it. What do you mean by saying he was a client? A. He was there purchasing -- he was a client at the nightclub. Q. Purchasing what? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 6 of 57 PageID #: 11483 1 JENNIFER POWERS 2 A. Purchasing alcohol. 3 Q. You said that you didn't date 4 at that time. 5 A. No. 6 Q. Did you date at a later time? 7 A. Yes. 8 Q. When? 9 A. Later in 2007. 10 Q. For how long? 11 A. For the duration on and off of 12 three years. 13 Q. 14 Why on and off? Did you break up and then get back together? 15 A. Not specifically. But I was 16 new to New York and I was travelling a 17 lot. 18 when I was here in New York we had an 19 exclusive relationship. 20 21 22 And I was making new friends. Q. So But when you travelled you didn't, is that what you mean? A. Yes, we did. But when I was 23 gone, you know, I didn't see him. So. 24 From what I knew it was an exclusive 25 relationship. Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 7 of 57 PageID #: 11484 1 2 3 JENNIFER POWERS Q. When you started working for him, when was that again? 4 A. So I would say in 2011. 5 Q. Do you remember when in 2011, 6 what part of the year? 7 A. I don't. 8 Q. Were you dating when you first 9 started working for Mr. Rubin? 10 A. No. 11 Q. When did you stop dating 12 Mr. Rubin? 13 A. Sometime in 2010. 14 Q. Have you dated him since? 15 A. No. 16 Q. When you say you started 17 working for Mr. Rubin, what was your job? 18 A. I was his executive assistant. 19 Q. What were your duties as his 20 21 executive assistant? A. I did lots of things for him. 22 I did gift shopping for him and his 23 family. 24 that he needed booked. 25 a cocktail in the nightlife scene, my I planned various reservations Since I had been Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 8 of 57 PageID #: 11485 1 JENNIFER POWERS 2 network of restaurants and people that I 3 knew, it made it easy for me to book him 4 wherever he wanted to go. 5 day-to-day tasks that he needed, I was 6 there for him. 7 8 9 Q. Anything Can you give me an example of what you mean by day-to-day tasks? A. Sure. Booking a reservation 10 at a restaurant for him. 11 shopping for a new jacket for him. 12 of that nature. 13 14 Q. Perhaps Stuff Did you have an office that you worked out of for him? 15 A. No. 16 Q. What email address did you use 17 to do work for Mr. Rubin when you started 18 at least in 2011? 19 A. I used . 20 Q. Did you change the email 21 address that you used for your work with 22 Mr. Rubin since 2011? 23 A. Yes, eventually I did. 24 Q. When? 25 A. I don't remember. But that's Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 9 of 57 PageID #: 11486 1 2 3 JENNIFER POWERS when I switched to Q. . What about the phone number, 4 what phone number did you use when you 5 were doing work for Mr. Rubin, when you 6 started in 2011? 7 A. 8 Q. 9 10 mean the Just to be clear, by you number you said before. Right? 11 A. Yes, sir. 12 Q. Did you change that number at 13 any time? 14 A. No. 15 Q. How were you paid starting in 16 2011? 17 A. Howie would wire me. 18 Q. So you received your money by 19 wire? 20 A. Yes. 21 Q. Did you report that as income 22 on your tax returns? 23 A. I don't know. 24 Q. How frequently were you paid? 25 A. Every month. Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 10 of 57 PageID #: 11487 1 JENNIFER POWERS 2 3 Q. How much were you paid in 2011? 4 A. $10,000 a month. 5 Q. Did your pay -- withdrawn. 6 7 For how long did you work for Mr. Powers? 8 MR. GROVER: 9 MR. BALESTRIERE: 10 11 Q. Objection. Excuse me. How long did you work for Mr. Rubin, excuse me? 12 A. For five or six years. 13 Q. Do you work for him now? 14 A. No. 15 Q. When did you stop working for A. I would say at the end of 16 him? 17 18 2017. 19 Q. Why did you stop working for 21 A. Well, this lawsuit was a big 22 part of it. 23 Q. 20 24 25 him? Can you explain what you mean by that? A. Right, there was nothing -- Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 11 of 57 PageID #: 11488 1 2 3 JENNIFER POWERS there was nothing left to do. Q. So let me go back now to 2011. 4 You said at the time he was paying you 5 $10,000 a month. Is that correct? 6 A. Yes, sir. 7 Q. Just so that I'm clear, that 8 doesn't sound like it was dependent on 9 hours or tasks, it was just 10,000 a 10 month. Correct? 11 A. Yes. 12 Q. Did your pay go up at any 13 time? 14 A. Yes. 15 Q. When? 16 A. Maybe 2014. 17 Q. To what amount at that time? 18 A. 15,000 a month. 19 Q. Did your pay go up after it 20 went up in 2014? 21 A. No. 22 Q. So when you ended your employ 23 with Mr. Rubin at the end of 2017, at the 24 time you were still getting $15,000 a 25 month. Is that correct? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 12 of 57 PageID #: 11489 1 JENNIFER POWERS 2 A. Yes. 3 Q. Are you aware what the term 4 BDSM means? 5 A. Yes. 6 Q. What do you understand it to 7 mean? 8 9 10 A. lifestyle. Q. Did you have a BDSM relationship with Mr. Rubin? 13 A. 14 15 16 Q. 17 18 A. 19 . 20 Q. 21 A. 22 23 24 25 It's bondage, domination, sadomasochism. 11 12 I understand it to mean a . Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 13 of 57 PageID #: 11490 1 JENNIFER POWERS 2 Q. 3 A. 4 5 Q. 6 A. 7 Q. 8 9 10 11 12 A. 13 14 Q. 15 . 16 17 18 A. 19 Q. 20 A. 21 22 23 . Q. 24 25 ? A. . Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 14 of 57 PageID #: 11491 1 2 JENNIFER POWERS Q. 3 4 5 6 A. 7 Q. 8 A. 9 Q. 10 A. 11 Q. 12 A. 13 Q. 14 A. 15 Q. 16 17 18 19 A. 20 21 Q. 22 23 24 A. 25 Q. . Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 15 of 57 PageID #: 11492 1 JENNIFER POWERS 2 3 A. 4 Q. 5 6 7 A. 8 Q. Do you know what a ball gag 10 A. Yes. 11 Q. 12 A. 13 Q. 9 is? 14 15 16 A. 17 Q. 18 19 20 A. 21 Q. 22 23 A. 24 Q. 25 Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 16 of 57 PageID #: 11493 1 JENNIFER POWERS 2 A. 3 Q. 4 5 6 A. 7 Q. 8 A. 9 Q. 10 When did you start recruiting other women for Mr. Rubin? 11 MR. GROVER: Objection to the 12 form. 13 Q. Do you understand what I mean? 14 A. No, I don't actually. 15 Q. There came a time when you 16 started contacting other women to bring 17 those women to Mr. Rubin. Correct? 18 A. No. 19 Q. So just to be clear, your 20 testimony is that you did not contact 21 other women? 22 A. 23 24 25 I've never contacted anyone to introduce to Howie. Q. You know that Mr. Rubin met with other women at some point. Correct? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 17 of 57 PageID #: 11494 1 JENNIFER POWERS 2 A. Yes. 3 Q. How did you get involved in 4 5 that? A. Well, I was his assistant. So 6 oftentimes he would text me and say hey, 7 so and so is going to come to New York, 8 here's her number, would you mind booking 9 her a flight. 10 Q. How did, in the example you 11 used, how did Mr. Rubin first make 12 contact or learn about so and so? 13 A. I have no idea. 14 Q. He didn't tell you? 15 A. No. 16 Q. Besides you, did Mr. Rubin 17 have, since September 2011, any other 18 executive assistants? 19 A. No. 20 Q. Are you aware of any other 21 individuals that made contact with women 22 to bring those women in some fashion to 23 Mr. Rubin? 24 A. Yes. 25 Q. Who? Case Document 261-3 Filed 03/08/19 Page 18 of 57 PageID 11495 1 JENNIFER POWERS 2 A. I know that Stephanie Shon 3 introduced a few women to Howie. 4 Q. So that I'm clear, what do you 5 mean by "introduced"? 6 A. She made the introduction. 7 Q. Your testimony is that you 8 never made an introduction of a woman to 9 Mr. Rubin. Is that correct? 10 A. That is correct. 11 Q. Does Mr. Rubin have sex with 12 menjust to be clear, the 15 introductions we're talking about only 16 involved women. Is that correct? 17 A. Yes. 18 Q. Besides Stephanie Shon, are 19 you aware of any other individuals that 20 introduced women to Mr. Rubin? 21 A. I know that your client,- 22 introduced him to other women. 23 Q. Okay. So let's talk about 24 that. When was that? 25 A. 2016. Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 19 of 57 PageID #: 11496 1 JENNIFER POWERS 2 user, you didn't need at that point to 3 get further permission from Mr. Rubin in 4 order to put money on that credit card. 5 Is that accurate? 6 A. 7 credit card. 8 Q. 9 Well, you don't put money on a Withdrawn. I asked a poor question. 10 Once you were an authorized 11 user on the credit card, you didn't need 12 to speak to Mr. Rubin in order to use 13 that credit card to get cash and to make 14 these PayPal payments. 15 A. Is that correct? I don't know how you would get 16 cash from a credit card. 17 PayPal, to send from a credit card, yes. 18 19 Q. But to use How did you know how much to PayPal 20 A. Howie would tell me. 21 Q. How would he tell you? 22 A. On text message. And, I'm 23 sorry, when I say text message, I mean 24 WhatsApp. 25 through WhatsApp. All of our conversations were Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 20 of 57 PageID #: 11497 1 JENNIFER POWERS 2 of other individuals other than the 3 seven named plaintiffs in this 4 case. 5 Q. Do you understand my question? 6 A. Yes, sir, I do. 7 Q. So for whom did you book 8 flights in 2017? 9 10 A. I know that I booked flights for , 11 12 13 14 15 MR. GROVER: I'm going to direct the witness -MR. BALESTRIERE: She's 16 speaking. 17 counsel, you're interrupting your 18 own witness. 19 Please let her finish, MR. GROVER: I'm going to 20 interrupt her to direct her that 21 we're not permitting her to answer 22 questions with the names of any 23 individuals that are not plaintiffs 24 or the parties already named in 25 this action. Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 21 of 57 PageID #: 11498 1 2 3 JENNIFER POWERS remember. Q. So now I'm going to ask you 4 about prior to 2017. 5 any time, did you pay any money to any 6 women on behalf of Mr. Rubin? 7 8 9 A. Prior to 2017, at I'm sorry, repeat the question. Q. 10 Sure. So we've just been talking 11 about 2017 who you booked flights for and 12 to whom you paid money. Correct? 13 A. Yes. 14 Q. Maybe just to clarify, are 15 there any other women to whom you paid 16 money in 2017 except for the women you 17 just referenced, or I referenced? 18 A. You know what, as I'm 19 thinking, I believe -- hold on. 20 those flights that I booked of the people 21 that we just named, I believe were in 22 2016. 23 Q. Okay. 24 A. So please restate your 25 question again, I'm sorry. 2017, Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 22 of 57 PageID #: 11499 1 JENNIFER POWERS 2 Q. So more recent. 3 A. Okay. 4 Q. Did you book any flights for 5 any women to come to New York to meet 6 with Mr. Rubin in 2017? 7 8 9 A. I know for sure. And I can't remember who else. Q. Prior to 2016, did you book 10 any flights for women to come to New York 11 to meet with Mr. Rubin? 12 A. Yes. 13 Q. For how many women prior to 14 2016? 15 A. I don't know. 16 Q. More than ten? 17 A. What time period are we 18 19 20 talking about? Q. Any time prior to January 1, 2016. 21 A. So 2011 to 2016? 22 Q. Yes. 23 A. Is that what you're saying? 24 25 Okay. Q. So in the time period you just Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 23 of 57 PageID #: 11500 1 JENNIFER POWERS 2 described, 2011 to, let's call it 3 December 31, 2015. 4 A. Okay. 5 Q. My question was, had you 6 booked any women to come to New York on 7 flights to meet with Mr. Rubin? 8 A. Yes. 9 Q. How many? 10 A. That I don't know. 11 Q. More than ten? 12 A. Yes. 13 Q. More than thirty? 14 A. Probably not. 15 Q. More than twenty? 16 A. I really don't know. 17 18 19 20 21 22 It would be hard for me to speculate. Q. But it's more than ten, but almost certainly less than thirty? A. Under thirty would be my best guess. Q. Okay. How many flights, 23 meaning not how many women, but how many 24 flights do you think you booked from the 25 time period 2011 to the end of 2015? Case Document 261-3 Filed 03/08/19 Page 24 of 57 PageID 11501 1 JENNIFER POWERS 2 Q. Okay. And you just testified 3 that it was more than ten women but 4 probably fewer than thirty women. 5 Correct? 6 A. Right. 7 Q. And you corrected my question 8 to say you always did roundtrip flights. 9 Who did you book those flights 10 for prior to January 1, 2016? 11 A. I know. - 12 1 know. 13 Q. How do you spell 14 A. 15 That's, I mean, that's 16 basically what I remember. 17 Q. So you just said three names, 18 ?and?, 19 20 A. Yes. 21 Q. And those are three 22 individuals for whom you booked flights 23 to come to New York to meet with 24 Mr. Rubin prior to January 1, 2016. Were 25 those the only women or the only ones you Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 25 of 57 PageID #: 11502 1 2 JENNIFER POWERS remember right now? 3 A. They are the only ones that 4 I'm remembering right now. 5 another girl that was friends with 6 There was , her name was 7 . I don't remember the last name 8 exactly. 9 think that's really what I can remember 10 But . But that's, I just sitting here. 11 Q. That's all I'm asking for. 12 A. Okay. 13 Q. I should have asked to 14 clarify. 15 those two 16 , are for the and the ? 17 A. Yes, sir. 18 Q. So you just named four 19 individuals. 20 individuals, you just don't remember who 21 they are right now. 22 A. 23 24 25 But there were other Is that correct? Oh, I did book . And yes, there were other individuals, I can't remember the names. Q. All I'm asking is what you Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 26 of 57 PageID #: 11503 1 2 JENNIFER POWERS remember. 3 And again, right now I'm 4 restricting my questions to flights. 5 these five individuals who you just 6 named, did you also pay money to those 7 individuals? 8 A. Yes. 9 Q. On behalf of Mr. Rubin? 10 A. Yes, sir. 11 Q. How much? 12 A. It depended. 13 Q. On? 14 A. Whatever Howie told me. 15 Q. So Mr. Rubin would tell you 16 pay X to 17 Correct? For and you would do that. 18 A. Yes. 19 Q. What was the range of X in my 20 21 22 23 example? A. Anywhere from a thousand to 5,000. Q. Just to be clear, is that a 24 thousand to 5,000 for each occasion that 25 this individual was in New York? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 27 of 57 PageID #: 11504 1 JENNIFER POWERS 2 A. Yes. 3 Q. Besides paying for flights and 4 besides making those kind of direct 5 payments to the individuals, did you make 6 other payments to these individuals for 7 something else? 8 A. No. 9 Q. Did you ever make payments for 10 medical treatment or anything like that, 11 to the best of your recollection? 12 A. No. 13 Q. Did you ever meet -- 14 withdrawn. 15 Did all the women that you 16 booked to come to New York, did they 17 always meet Mr. Rubin at the apartment? 18 A. In the beginning, no. 19 Actually, the apartment came about to be 20 sometime summer of 2011. 21 the meetings could be outside the 22 apartment. So before that, 23 Q. Where? 24 A. A hotel. 25 Q. Was there a specific hotel? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 28 of 57 PageID #: 11505 1 JENNIFER POWERS 2 A. No. 3 Q. How many hotels, do you 4 recall? 5 A. I don't remember. 6 Q. Where were the hotels located? 7 A. In Manhattan. 8 Q. In midtown Manhattan? 9 A. Yes, sir. 10 Q. Were there any not in the 11 12 13 14 midtown area? A. I don't remember there being any outside that area. Q. So besides the apartment and 15 besides the hotel, where else, if 16 anywhere, did Mr. Rubin meet with the 17 individuals who -- for whom you booked 18 these flights? 19 A. They would go to a restaurant, 20 or perhaps a Broadway show or a movie. 21 Maybe a rooftop for drinks. 22 23 Q. Do you remember which shows, which Broadway shows? 24 A. Hamilton. 25 Q. Besides that, do you remember Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 29 of 57 PageID #: 11506 1 2 JENNIFER POWERS if there were any others? 3 A. I can't remember right now. 4 Q. That's okay. 5 6 You mentioned rooftop, do you mean like a rooftop bar? 7 A. Yes. 8 Q. Do you remember which? 9 A. I know the Viceroy was a 10 favorite. 11 I'm remembering. 12 13 Q. And that's the only one that Okay. You said movies. Do you remember where -- 14 A. No. 15 Q. -- they would go to the movie? 16 Did you ever attend any of the 17 Broadway shows with Mr. Rubin and the 18 woman? 19 A. No. 20 Q. What about at the Viceroy or 21 any other rooftop bars, did you ever meet 22 with Mr. Rubin and the women for whom you 23 booked these flights? 24 A. No. 25 Q. Did you ever go to the movies Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 30 of 57 PageID #: 11507 1 2 JENNIFER POWERS with Mr. Rubin and any of these women? 3 A. No. 4 Q. You also said a restaurant. 5 Were you referring to a specific 6 restaurant or different restaurants? 7 A. Different restaurants. 8 Q. Which? 9 A. I know that his favorite, he 10 liked to go to the Wayfarer, in midtown. 11 And there is also another restaurant 12 called the Russian Tea Room. 13 is another restaurant called, it starts 14 with an M, but I can't remember it. 15 has Michelin stars. 16 17 Q. And there It Do you remember where that M Michelin starred restaurant is? 18 A. It's right on Central Park. 19 Q. Maybe like near Columbus 20 Circle? 21 A. I believe so. 22 Q. What about Tao, T-a-o? 23 A. Yes, Tao was another favorite. 24 Midtown and downtown locations. He also 25 liked to go to Avra, A-v-r-a, which is in Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 31 of 57 PageID #: 11508 1 2 3 JENNIFER POWERS midtown. Q. Lavo. Did you ever attend any of 4 these dinners with Mr. Rubin and the 5 women? 6 A. No. 7 Q. So just so that I'm clear, 8 besides sometimes Broadway shows, 9 sometimes movies, when there wasn't the 10 apartment, do you know if Mr. Rubin met 11 with the women for whom you booked these 12 flights anywhere other than certain -- 13 the hotels that you don't remember, which 14 is okay, the restaurants and the rooftop 15 bars? 16 A. No. But I do remember the 17 hotel, Mandarin Oriental was one of the 18 hotels. 19 Q. And just so that I'm clear, 20 it's one of the hotels, so there were 21 other hotels as well? 22 A. I believe so. 23 Q. Did you ever -- withdrawn. 24 Do you know if Mr. Rubin ever 25 travelled to meet with any of the women? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 32 of 57 PageID #: 11509 1 2 JENNIFER POWERS Q. What about any actual physical 3 books, did he keep any records in any 4 physical books regarding the women he met 5 with? 6 A. Not that I'm aware of. 7 Q. Now, the apartment that we 8 were talking about, whose name was on the 9 lease? 10 A. Howie's. 11 Q. Was it under his personal 12 name, do you know? 13 A. I believe so. 14 Q. We were discussing before 15 nondisclosure agreements. Do you know 16 which plaintiffs, so now I'm going to 17 restrict it to that, signed nondisclosure 18 agreements? 19 A. Yes. 20 Q. Which? 21 A. All of them. 22 Q. Now I'm going to talk 23 nonplaintiffs and ask you if you know if 24 they signed any nondisclosure agreements. 25 Do you know if did? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 33 of 57 PageID #: 11510 1 JENNIFER POWERS 2 A. I believe so. 3 Q. What about 4 A. Yes. 5 Q. 6 , do you know if she did? 7 A. Yes. 8 Q. What about 9 you know if she did? 10 A. 11 Q. 12 , do I believe so. , did she signed a nondisclosure agreement? 13 A. I believe so, yes. 14 Q. What about 15 A. Yes. 16 Q. And 17 A. Yes. 18 Q. Were you ever present when any ? ? 19 of the women we just discussed signed 20 these nondisclosure agreements? 21 A. Yes. 22 Q. Where did they sign them? 23 A. In the condo, in the 24 25 apartment. Q. Did everyone we just discussed Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 34 of 57 PageID #: 11511 1 JENNIFER POWERS 2 sign the nondisclosure agreement in the 3 apartment? 4 A. I believe so. 5 Q. Was there anywhere else that 6 they signed them, to your knowledge? 7 A. Not to my knowledge. 8 Q. But I guess I'm not sure, do 9 you think that they might have? 10 sure if I understand what your 11 recollection is, forgive me. I'm not 12 A. No, no, I'm sorry. 13 Q. That's okay. 14 A. I always signed the release 15 with them. 16 always was with them when they signed the 17 release, I usually met them at the 18 apartment. 19 Q. So being that it was me that And that's where we signed. So you always signed the 20 nondisclosure agreements with the women 21 that we've been discussing. 22 A. Correct? I always discussed it with 23 them and made sure that they knew what 24 they were signing, yes. 25 Q. Okay. But I understand you're Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 35 of 57 PageID #: 11512 1 JENNIFER POWERS 2 saying what you discussed with them. I 3 just want to be clear, you were always 4 there when they signed these 5 nondisclosure agreements. Correct? 6 A. Yes, correct. 7 Q. And just to clarify because 8 we've used the term "release" at certain 9 point. When you use the term "release," 10 you're referring to the same document, 11 the nondisclosure agreement? 12 13 14 15 16 17 A. It's actually a nondisclosure agreement and release. Q. Do you prefer another name for it, I don't want to be confusing? A. You can call it whatever you want. 18 Q. What do you call it? 19 A. I call it the release. 20 Q. So then I'll call it the 21 release. 22 You were always present with 23 each of the women we've discussed when 24 they signed the releases. 25 A. Yes. Correct? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 36 of 57 PageID #: 11513 1 JENNIFER POWERS 2 Q. And you were always present 3 with them at the apartment when they 4 signed these releases. Right? 5 A. Yes, sir. 6 Q. Who, if anyone else, was 7 present when they signed these releases? 8 9 10 A. Well, in case, when she brought a friend, that other person would be there as well. 11 Q. 12 friend? 13 A. Who are we talking about a So then it would 14 be 15 over the same release, executing it. 16 and I signing -- and going Q. And you were the only ones 17 there during at least when 18 signed it. Is that correct? 19 A. Yes. 20 Q. Okay. Was Mr. Rubin ever 21 present when you were with the women 22 we've been discussing and they signed the 23 releases? 24 A. No. 25 Q. What about anyone else really, Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 37 of 57 PageID #: 11514 1 JENNIFER POWERS 2 besides you and the actual signers of the 3 release, was anyone else present? 4 A. No. 5 Q. Was anyone else present in the 6 apartment at all when you were signing 7 the release -- withdrawn. 8 I'll ask again. 9 When you were in the apartment 10 with the women we've been discussing 11 signing the releases, was anyone else 12 present anywhere else in the apartment? 13 A. 14 15 MR. BALESTRIERE: THE WITNESS: Why, do I look like I need a break? 18 MR. BALESTRIERE: 19 keep going if you are. 20 21 Do you want to take a break? 16 17 No, sir. THE WITNESS: Q. I'm ready to I'm good. What kinds of questions, I'm 22 just going to go through the different 23 plaintiffs here, did 24 about the release? 25 A. ask you didn't have any questions. Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 38 of 57 PageID #: 11515 1 JENNIFER POWERS 2 arise I would know what were coming if 3 they stopped. 4 had any questions. 5 Q. 6 But neither one of them Neither nor ? 7 A. No, sir. 8 Q. Okay. 9 10 What about were you present when , signed the release? 11 A. Yes, I was. 12 Q. What questions, if any, did 13 she have about the release? 14 A. 15 Q. 16 She did not have any as well. , you were present when she signed the release? 17 A. You know, I can't remember 18 signing with 19 that I did. 20 Q. . But I'm sure I just can't remember. Why do you think there is a 21 particular issue with recall about that, 22 because it just happened a while ago, 23 like much longer than the others? 24 25 A. Yeah, the time. I don't remember. The time is, Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 39 of 57 PageID #: 11516 1 2 JENNIFER POWERS Q. How long was your apartment 3 search from when you first decided to 4 find a place and to the time that 5 Mr. Rubin ended up approving it? 6 A. I don't remember. 7 Q. Now, when you started the 8 rent, was the apartment furnished? 9 A. Yes, it was. 10 Q. Did you want a furnished 11 apartment? 12 A. I don't think it mattered. 13 Q. How was the monthly rent paid 14 for, do you know? 15 A. Howie took care of it. 16 Q. So that's not something that 17 went through you? 18 A. No. 19 Q. What about maintenance of the 20 apartment, were you involved in any kind 21 of maintenance of the apartment? 22 A. Yes. 23 Q. Like what? 24 A. I would buy toilet paper for 25 the apartment, toiletries. I would -- I Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 40 of 57 PageID #: 11517 1 JENNIFER POWERS 2 basically made the apartment as homy as I 3 could. 4 while they were staying with us in New 5 York. 6 Everything that anyone could want Q. Besides the women for whom you 7 booked these flights, did anyone else 8 stay in that apartment -- withdrawn. 9 That was a -- besides 10 Mr. Rubin and the women for whom you 11 booked these flights, did anyone else 12 sleep overnight in that apartment? 13 A. Not that I can remember. 14 Q. Do you know if Mr. Rubin ever 15 had friends or anyone else like that stay 16 at the apartment? 17 A. Not that I can remember. 18 Q. Did you ever sleep at the 19 apartment? 20 A. No. 21 Q. Besides the basic toiletries 22 and whatnot you mentioned, what about a 23 maid service, were you involved in any 24 kind of cleaning service for the 25 apartment? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 41 of 57 PageID #: 11518 1 JENNIFER POWERS 2 A. Yes. 3 Q. Explain your involvement, 4 please. 5 A. The maid would clean the 6 sheets and the dishes and vacuum the 7 floor. 8 9 10 Q. Was that a maid that came with the building or a service that came with the building? 11 A. No. 12 Q. Who was the service that you 13 hired? 14 A. It was an individual person. 15 Q. How did you find that person? 16 A. Through a recommendation. 17 Q. Who recommended the 18 individual? 19 A. 20 So her husband was a busser at one of the clubs that I had worked at. 21 Q. Which club? 22 A. Marquee. 23 Q. So just so that I'm clear, you 24 knew a busser from your work at Marquee 25 and it was his wife? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 42 of 57 PageID #: 11519 1 2 3 JENNIFER POWERS code to. Q. I get that. I think that's 4 where I thought you were going, I wanted 5 to clarify. 6 I'm asking you. I'm not asking who he did. 7 A. Right. 8 Q. Or rather I'm asking who you 9 remember about who you gave it to, if 10 anyone. 11 A. 12 13 I can't remember if I gave it to anyone or not. Q. Now, the sex toys, the BDSM 14 objects and so forth that were in the 15 second bedroom, how did they get in 16 there? 17 A. I put them there. 18 Q. So did you make the purchases? 19 A. Yes, sir, I did. 20 Q. At Mr. Rubin's direction? 21 A. Yes. 22 Q. When, when did you first make 23 24 25 the purchases? A. apartment. When we first got the Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 43 of 57 PageID #: 11520 1 2 JENNIFER POWERS A. That I don't remember. It was 3 an ongoing thing. 4 just pick things up while I was out, even 5 at Duane Reade, they now sell vibrators. 6 7 Q. And sometimes I would So you said you needed vibrators for the room. 8 A. Yes. 9 Q. What else? 10 A. Condoms. 11 Q. What else? 12 A. Sex toys. 13 Q. What do you mean by "sex 14 15 toys"? A. Dildos, plastic silicone 16 dildos, vibrators. 17 batteries for those vibrators. 18 certain restraints, certain furniture. 19 And whips, paddles, rope. 20 that one would want for the BDSM 21 lifestyle and fetish. 22 Q. I would buy the I bought Everything I'm sorry, I just want to ask 23 you about some of the details. You 24 talked about furniture, what kind of 25 furniture would you buy? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 44 of 57 PageID #: 11521 1 JENNIFER POWERS 2 A. BDSM furniture. 3 Q. Explain that to me. 4 an example. 5 A. Give me Sure. There are actual BDSM 6 furniture sites. And bespoke makers of 7 BDSM furniture that we purchased. 8 example would be a cross that has 9 restraints at the top. One The other would 10 be an example of a bed type thing that 11 you lay across, and it would have 12 restraint, various restraints along the 13 side of it. 14 We did have a sex machine in 15 there called a Sybian or Symian. 16 of that nature. 17 Q. Stuff So in terms of furniture, 18 you're talking about the Sybian, a cross, 19 a bed. 20 of furniture? 21 What else, if anything, in terms A. Well, the furniture changed 22 also. 23 started, the furniture was different from 24 when we ended the lease. 25 So in the beginning when the lease Q. Why was there a change? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 45 of 57 PageID #: 11522 1 2 3 4 5 6 JENNIFER POWERS A. Sanitary reasons. something broke. Q. Maybe Preferences changed. What do you mean by "preferences changed"? A. Well, I know that in the very 7 beginning we had a big bed in there, 8 with, it was a BDSM bed, and it had a 9 canopy type thing with restraints along 10 the top and along the side. 11 year or so of that, it got to be too 12 cumbersome in there, it was too big and 13 bulky, taking up too much room, so we 14 changed it. 15 Q. 16 But after a Do you know how many square feet the second bedroom was? 17 A. I have no idea. 18 Q. What percentage of all the 19 space in the apartment was in that second 20 bedroom? 21 A. I'm sorry, can you rephrase? 22 Q. Sure. 23 What portion of the apartment 24 was this second bedroom? Are we 25 talking -- to the best of your Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 46 of 57 PageID #: 11523 1 JENNIFER POWERS 2 A. No. 3 Q. Besides those three pieces of 4 furniture, what other BDSM furniture, if 5 any, were there in the second bedroom? 6 A. At one point we had a certain 7 type of gyno chair. With the legs spread 8 apart, or you could have the legs put 9 together. And at one point there was a 10 queen's chair, it was called a queen's 11 chair. 12 a hole where your backside goes, and then 13 along the side of the chair there were 14 restraints, as well as the legs had 15 restraints on them as well. 16 17 And when you sat on it, there was Q. Did the gyno chair actually have restraints on it or not? 18 A. I believe so. 19 Q. Describe those restraints. 20 A. Same as before. 21 Q. So just to be clear, that 22 means we're dealing with a kind of belt 23 type restraint that was lined with fur. 24 Correct? 25 A. Yes. Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 47 of 57 PageID #: 11524 1 2 JENNIFER POWERS Q. But your testimony is that 3 those restraints were never put on so 4 tightly such that the woman could just 5 pull her hands or I guess legs through 6 the gyno chair restraints. Correct? 7 A. Yes. 8 Q. The queen's chair, the 9 restraints were in two places, is that 10 correct, for the legs and then hands 11 above the head? 12 A. I believe so. They were all 13 along the back side of the chair. 14 the bottom on the legs as well. 15 Q. And on And I think you answered this, 16 and forgive me, the restraints on the 17 queen's chair, were they the same kind of 18 restraints as on the gyno chair and the 19 cross and the bed? 20 A. Yes. 21 Q. Did you purchase all these 22 23 from the same seller? A. I can't remember. But I know 24 that we had a few various sellers. 25 people that made the furniture Or Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 48 of 57 PageID #: 11525 1 JENNIFER POWERS 2 A. I believe so. 3 Q. The only things that were 4 custom-made were the cross and bed. 5 that correct? 6 7 8 9 A. Is To the best of my knowledge, that I can remember. Q. So besides those, the queen's chair, gyno chair, the cross, the bed, 10 the upside down U and I'll just call it 11 the bench and then the Sybian, was there 12 any other furniture that you purchased 13 for the place? 14 15 16 17 A. Not that I could remember. Oh, I'm sorry, for the place? Q. Withdrawn. For the second bedroom, sorry. 18 A. Not that I can remember. 19 Q. Did you buy any BDSM furniture 20 for outside of the second bedroom? 21 A. No. 22 Q. The upside down U, did that 23 have restraints on it? 24 A. Yes. 25 Q. What kind of restraints? Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 49 of 57 PageID #: 11526 1 2 3 JENNIFER POWERS Q. I don't want you to assume. If you don't remember, that's fine. 4 A. Right. 5 Q. What do you remember was 6 restrained? 7 A. I just remember there being 8 restraints along the side of it for use 9 of restraint. There were those hooks. 10 Q. What hooks? 11 A. The hooks that the cuff, that 12 13 14 the cuffs would go into to restrain. Q. So we're dealing with a cuff that's like a belt. Correct? 15 A. Yes. 16 Q. And it was leather. 17 A. Yes. 18 Q. And lined with fur? 19 A. Yes. 20 Q. But then it could be like Right? 21 hooked into a particular place on the 22 bench. Is that correct? 23 A. Yes. 24 Q. Your testimony, though, is 25 that the woman could just pull her hands Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 50 of 57 PageID #: 11527 1 JENNIFER POWERS 2 out of those restraints if she so chose. 3 Correct? 4 A. I would believe so, yes. 5 Q. So besides these restraints -- 6 let me actually clarify. 7 Was there any other furniture 8 that you purchased for the second 9 bedroom? 10 11 12 A. possible. Q. Not that I remember. It's But not that I could remember. Besides the restraints on that 13 furniture, what other restraints did you 14 purchase for use in the second bedroom? 15 A. I purchased rope. 16 Q. What kind of rope? 17 A. It was a soft, braided, thick 18 19 20 21 22 23 type rope. Q. Where did you get that rope from? A. From the BDSM store, Purple Passion. Q. Besides that rope, what other 24 restraints, if any, did you purchase for 25 the apartment? The second bedroom, Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 51 of 57 PageID #: 11528 1 2 3 JENNIFER POWERS Q. It just gets renewed every month unless you say no? 4 A. Yes. 5 Q. Do you have to take steps for 6 that formally to be paid by way of the 7 credit card? 8 A. No, it's on automatic. 9 Q. Okay. Were you ever in the 10 second bedroom when Mr. Rubin was having 11 sexual activity with a woman? 12 A. No. 13 Q. Were you ever in any other 14 part of the apartment when Mr. Rubin was 15 having sexual activity with a woman 16 anywhere in the apartment? 17 A. No. 18 Q. Why not? 19 A. Because that was Howie's 20 21 private time. Q. What did you think Mr. Rubin 22 did with his private time in the 23 second -- excuse me, in the second 24 bedroom in the apartment? 25 A. He was into a BDSM lifestyle. Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 52 of 57 PageID #: 11529 1 JENNIFER POWERS 2 Q. But you didn't observe what he 3 did in that apartment -- withdrawn. 4 You did not observe what 5 Mr. Rubin did with the women in the 6 second apartment -- sorry, maybe I'm the 7 one that needs a break. 8 9 I'll start over. I just want to be clear on what your testimony is, ma'am. You did 10 not observe Mr. Rubin with any women in 11 the second bedroom in the apartment. 12 Correct? 13 A. Correct. 14 Q. Thank you. 15 Sorry. Are you aware of any drug use 16 that took place in the apartment 17 anywhere? 18 A. Not that I was aware of. 19 Q. So you just were not aware of 21 A. Yes. 22 Q. Did you ever see any drug 20 23 it? paraphernalia? 24 A. Sometimes I smelled weed, I 25 smelt weed. Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 53 of 57 PageID #: 11530 1 2 3 JENNIFER POWERS Q. Do you know if the weed was coming from inside the apartment? 4 A. I believe so. 5 Q. When did you smell it? Like 6 meaning was this when you entered with 7 other women, in the morning when you were 8 cleaning? 9 A. When was this? Sometimes when I was cleaning 10 I would definitely smell pot, or 11 sometimes I would see butts of sort of 12 cigarettes. 13 did smell pot. 14 Q. But that's not drugs. But I You just said you saw 15 cigarette butts. Did you see any blunts 16 or joints or anything like that? 17 A. No. 18 Q. Did you ever see any pills 19 laying out -- 20 A. No. 21 Q. -- when you were in the 22 apartment? 23 24 25 Did you ever do any drugs with Mr. Rubin? A. No. Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 54 of 57 PageID #: 11531 1 JENNIFER POWERS 2 relation to when they met with Mr. Rubin? 3 And let me explain what I mean. 4 get paid before they met, after they met, 5 when? 6 A. Did they If the payment was by me, 7 after. In general a couple of days, a 8 day or two. 9 Q. Did you get some kind of 10 confirmation from Mr. Rubin that woman X 11 had met with him so then it was okay to 12 pay woman X? 13 A. 14 15 How did that work? Howie would tell me by WhatsApp how much to PayPal that person. Q. Before you talked about a 16 range. 17 woman got paid after a meeting with 18 Mr. Rubin? 19 What determined what a given A. If they had sex, in my mind, 20 they got $5,000. 21 sex, they would get less. 22 Q. 23 mind? 24 that. 25 If they didn't have What do you mean by in your I'm not sure what you mean by A. If Howie told me PayPal so and Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 55 of 57 PageID #: 11532 1 JENNIFER POWERS 2 so $5,000, in my mind that meant they had 3 sex. 4 Q. So he wouldn't make it 5 explicit, I had sex, pay them 5,000, but 6 you just deduced because it was a higher 7 amount that sex had been involved? 8 9 A. I knew that that's what the girls were coming for, for sex. And I 10 knew that that was the amount that was 11 agreed upon, was $5,000. 12 13 Q. How did you know that that was the agreed upon amount? 14 A. Because Howie told me. 15 Q. He told you before meeting 16 17 18 with the women? A. known. Way back when. It's just And the girls told me as well. 19 Q. When would they tell you? 20 A. They would tell me, they would 21 ask me when they were going to get their 22 $5,000. 23 Q. Would they say I had sex with 24 Rubin, pay me 5,000? How did you know 25 that some kind of sexual intercourse was Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 56 of 57 PageID #: 11533 1 JENNIFER POWERS 2 would help me with some of the tasks, you 3 know, if Howie needed a gift to be picked 4 up or something brought to the condo, 5 was there, I was able to call 6 him. 7 Q. 8 A. 9 Q. 10 A. 11 Q. What's his last name? Can you spell that, please? And what was his relation to 12 you or to Mr. Rubin that you sought to 13 rely on him? 14 A. 15 16 17 18 19 20 21 22 He was a good friend of mine. He's a makeup artist. Q. So. Was he compensated by Mr. Rubin for his work? A. He was compensated by me through PayPal. Q. So you continued to get paid the 15,000 a month , and would kind of help pick 23 up the slack a little bit. 24 correct? 25 A. Yes, sir. Is that Case 1:17-cv-06404-BMC-SMG Document 261-3 Filed 03/08/19 Page 57 of 57 PageID #: 11534 1 JENNIFER POWERS 2 C E R T I F I C A T E 3 STATE OF NEW YORK ) 4 COUNTY OF NEW YORK ) : ss. 5 6 I, ERIC J. FINZ, a Shorthand 7 Reporter and Notary Public within and for 8 the State of New York, do hereby certify: 9 That JENNIFER POWERS, the witness 10 whose deposition is hereinbefore set 11 forth, was duly sworn by me and that such 12 deposition is a true record of the 13 testimony given by the witness. 14 I further certify that I am not 15 related to any of the parties to this 16 action by blood or marriage, and that I 17 am in no way interested in the outcome of 18 this matter. 19 IN WITNESS WHEREOF, I have hereunto 20 set my hand this 19th day of October, 21 2018. 22 23 _______________ 24 ERIC J. FINZ 25