DataSet-10
Unknown
276 pages
Ilafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Thursday, February 14, 20081:35 PM
To: Richards, Jason R.; Kuyrkendall, E N.
Subject: RE: DOBs
Hi guys - sorry to bother you. On some of the new girls I don't have dobs.
(the 302 says her dob is
(and do we have a phone number?)
Have you guys ever talked to or F Should I include them?
A. Marie Villafaiia
Assistant U.S. Attorney
561 209-1047
1679
08-80736-CV-MARRA P-014607
EFTA00225102
Villafana, Ann Marie C. (USAFLS)
From: Villatrine, Ann Marie C. (USAFLS)
Sent: Thursday, February 14, 2008 1:21 PM
To: Richards, Jason R.
Subject: RE: Epstein Indictment
Ili Jason — I didn't send the indictment yet. I was just asking for input on who to include and who to exclude.
How old was when she went with n
4. Mark Vilkflitaa
Assistant U.S. Attorney
561 209- I 047
From: Richards, Jason R.
Sent: Thursday, February 14, 2008 1:00 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject: RE: Epstein Indictment
Hey Marie,
There was no indictment attached to your email. Can you send it again.
In addition to the two calls from phone 4/23/04 at 1:35 pm and 5/2/04 at 10:32 am,
we have two telephone calls from to (Andrlano's boyfriend) telephone on 03/04/2004 at
9:46 am and 2:30 pm.
Message pads reflect 10 messages from beginning 03/11/2003 ending 03/01/2006. Individuals Identified as
taking the messages are Evelyne, Michajligla, and Alfredo Rodriguez.
From: Villafana, Ann Mane C. (USAFLS) [Ann.Marle.C.Villafana@usdoj.gov)
Sent: Thursday, February 14, 2008 11:41 AM
To: Kuyrkendall, E N.; Richards, Jason R.
Subject: RE: Epstein Indictment
FYI — Tell me what you think. Also, can you pull the messages from and see if you can tell
what the dates are and who took the messages? Thanks.
And am I correct that we have only two phone calls with a 4/23/04 and 5/2/04
.4. Marie Vilhiliiiia
Assistant U.S. Attorney
56I 209-1047
From: VIllatana, Ann Marie C. (USAFLS)
Sent: Thursday, February 14, 2008 11:22 AM
To: Braden, Myesha
Subject: Epstein Indictment
1678
08-80736-CV-MARRA P-014608
EFTA00225103
Hi Myesha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted
to talk about which girls we should drop.
and M L. are the girls who have filed lawsuits. I have excluded them.
With to tI e other girls brought by M, here are my thoughts. We c and S.
very easily. Both only gave I or 2 massages and did not disclose their ages. S. is a good witness
because she shows that, if you aren't willing to do more sexual activity, Epstein stops the massage and doesn't
want to see you anymore. She seems like someone whom we could get in as 404(b) because the probative
nature outweighs its presudice.
I think we should drop P. because 1 don't believe she will ever be completely truthful about the amount of
sexual activity that occurre . (She is the girl that one of the witnesses described as "a virgin on graduation
day.")
That only leaves , the soccer player who cried for the entire interview. I think that she may be worth
kcepin ,. We have suc 'good documentary evidence related to her — message bads, car ren rs, 156 calls
with , and 2 calls with (we have very few phone calls with , so this is
key).
What do you think?
A. Marie Villafaila
Assistant U.S. Attorney
561 209-1047
1679
08-80736-CV-MARRA P-014609
EFTA00225104
Villafana, Ann Marie C. (USAFLS)
From: Richards, Jason R.
Sent: Thursday, February 14, 2008 1:00 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject: RE: Epstein Indictment
Hey Marie,
There was no indictment attached to your email. Can you send it again.
In addition to the two calls from phone 4/23/04 at 1:35 pm and 5/2/04 at 10:32 am,
we have two telephone calls from to (Andriano's boyfriend) telephone on 03/04/2004 at
9:46 am and 2:30 pm.
Message pads reflect 10 messages from beginning 03/11/2003 ending 03/01/2006. Individuals Identified as
taking the messages are Evelyne, Michae , Louella, and Alfredo Rodriguez.
From: Villafana, Ann Marie C. (USAFLS) [Ann.Marle.C.VIllafana@usdoi.gov]
Sent: Thursday, February 14, 2008 11:41 AM
To: Kuyrkendall, E N.; Richards, Jason R.
Subject: RE: Epstein Indictment
FYI - Tell me what you think. Also. can you pull the messages from and see if you can tell
what the dates arc and who took the messages? Thanks.
And am I correct that we have only two phone calls with 4/23/04 and 5/2/04
A. Marie Villafitha
Assistant U.S. Attorney
561 209-1047
From: Villafana, Ann Marie C. (USAFLS)
Sent: Thursday, February 14, 2008 11:22 AM
To: Braden, Myesha
Subject: Epstein Indictment
Hi Myesha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted
to talk about which girls we should drop.
and arc the girls who have filed lawsuits. I have excluded them.
With respect to the other girls brought by , here are my thoughts. We can and S.
very easily. Both only gave I or 2 massages and did not disclose their ages. S. is a good witness
because she shows that, if you aren't willing to do more sexual activity, Epstein stops the massage and doesn't
want to see you anymore. She seems like someone whom we could get in as 404(b) because the probative
nature outweighs its pr "e.
I think we should drop P. because I don't believe she will ever be completely truthful about the amount of
sexual activity that occurre . (She is the girl that one of the witnesses described as "a virgin on graduation
day.")
That only leaves , the soccer player who cried for the entire interview. I think that she may be worth
keeping. We have sue good documentary evidence related to her — message pads, car rental records, 156 calls
1686
08-80736-CV-MARRA P-014610
EFTA00225105
with , and 2 calls with (we have very few phone calls with , so this is
key).
What do you think?
A. Mark Villajaffa
Assistant U.S. Attorney
561 209-1047
1687
08-80736-CV-MARRA P-014611
EFTA00225106
Villafana, Ann Marie C. (USAFLS)
From: Braden, Myesha
Sent: Thursday, February 14, 2008 12:37 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject: RE: Epstein Indictment
I'm not supposed to be involved in tantive decisions until I get word from 'on high'. However, my general
thoughts are that you are correct. e of th vidence and will be a good witness, although a
reluctant one. Am I correct to assume a A. and A. are still in? Their past history of commitment will
have to be dealt with and it won't be easy, bu agree that 1 ey s ould be left in. The fact that their commitments were
post-Epstein is good but his attorne s are going to try to destroy them. Is Felecia in as well? I thought that she was
truthful. What about
et.Pluary14,
To: Braden, Myesha
Marie C. (USAFLS) (mailto:Arin.Marie.C.Villafana@usdoj.gov1
2008 11:22 AM
Subject: Epstein Indictment
Hi Mycsha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted
to talk about which girls we should drop.
and Michelle L. are the girls who have filed lawsuits. I have excluded them.
here are my thoughts. We can dro and S.
With respect to the other girls brought by
very easily. Both only gave I or 2 massages and did not disclose their ages. ood
because she shows that, if you aren't willing to do more sexual activity, Epst the massage and doesn't
because the probative
want to see you anymore. She seems like someone whom we could get in as 404(6)
nature outweighs its prejudice.
the amount of
I think we should drop P. because I don't believe she will ever be compjetely truthful about
as "a virgin on graduation
sexual activity that occurre . (She is the girl that one of the witnesses described
day.")
worth
That only leaves R the soccer player who cried for the entire interview. I think that she may be
lated to her — message pads, car rental records, 156 calls
keepi st ood docu is
(we have very few phone calls with , so this
with , and 2 calls with
key).
What do you think?
A. Marie Villafafta
Assistant U.S. Attorney
561 209-1047
1690
P-014612
08-80736-CV-MARRA
EFTA00225107
Villafana, Ann Marie C. (USAFLS)
From: ViHelena, Ann Marie C. (USAFLS)
Sent: Thursday, February 14, 2008 11:41 AM
To: Kuyrkendall, E N.; Richards, Jason R.
Subject: RE: Epstein Indictment
FYI — Tell me what you think. Also, can you pull the messages from Andriano and see if you can tell what the
dates are and who took the messages? Thanks.
And am I correct that we have only two phone calls with ? 4/23/04 and 5/2/04
A. Mune Villufinia
Assistant Ul .S. Attorney
561 209- I 047
From: VIllafana, Ann Marie C. (USAFLS)
Sent: Thursday, February 14, 2008 11:22 AM
To: Braden, Myesha
Subject: Epstein Indictment
Hi Myesha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk
about which girls we should drop.
and L. are the girls who have filed lawsuits. I have excluded them.
With respect to the other girls brought by here are my th e can drop and S. very easily.
Both only gave I or 2 massages and did not disclose their ages. S. is a good witness because s e shows that, if
you aren't willing to do more sexual activity, Epstein stops the massage and doesn't want to see you anymore. She seems
like someone whom we could get in as 404(b) because the probative nature outweighs its prejudice.
I think we should drop P. because I don't believe she will ever be completely truthful about the amount of sexual
activity that occurred. (She is the girl that one of the witnesses described as "a virgin on graduation day.")
That only leaves Me the soccer player who cried for the entire interview. I think that she may be worth kee in .
We have such go documentary evidence related to her — message pads car rental records, 156 calls with
and 2 calls with (we have very few phone calls with , so this is key).
What do you think?
A. Marie Maio&
Assistant U.S. Attorney
561 209-1047
1702
08-80736-CV-MARRA P-014613
EFTA00225108
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Tuesday, February 12, 2008 4:33 PM
To: Kuyrkendall, E N.
Subject: Telephone numbers
Can you e-mail me your summary chart, too? The Excel spreadsheet.
Thanks.
A. Marie Viflair:nu
Assistant U.S. Attorney
561 209-1047
1713
08-80736-CV-MARRA P-014616
EFTA00225109
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Tuesday, February 12, 2008 3:19 PM
To: Kuyrkendall, E N.
Subject: Telephone charts and phone records
Hi Nesbitt — get tf ment package finalized. C - ' to me the final telephone charts for all of
the girls and and Also, do you have all of records electronically? Maybe we can
search for phone numbers for some of the new girls, even though we don't ave t eir phone records yet.
Also, can you check on the lead to New York? Ideally, I would like to turn the package in on Thursday, so I need to know
if we can include any of those girls.
When you have a chance, please give me a call. I am in the U.S. Attorney's Office — 561-209-1021.
A. Marie Male&
Assistant U.S. Attorney
561 209-1047
1717
08-80736-CV-MARRA P-014618
EFTA00225110
Villafana, Ann Marie C. (USAFLS)
From: Oosterbaan, Andrew
Sent: Thursday, February 21, 2008 11:26 AM
To: Villafana, Ann Marie C. (USAFLS); Senior, Robert (USAFLS); Sloman, Jeff (USAFLS)
Cc: Mandelker, Sigel; Braden, Myesha
Subject: RE: Epstein update
I just got off the phone with Jay Leficowitz. It was a positive conversation centered mostly on what role they expect CEOS
to be playing when they meet with us. I told him that all I want to do is help the process move forward, and if they think
we best help the process by taking a fresh and objective look at the case and their arguments than that is what I want to
do. I told him that if that's what they want - if that is what will help the process to move forward - then I don't think it's
advisable for CEOS to partner with the USA° on the case. He wants to think about that (and probably talk to gjAgo-
counsel about whether it is better to have us partnered in the case or just serve a review function) and he said get
back to me later today. He said he's ready to set the meeting quickly. I'll let you know.
Marie — I don't think we need the FBI either way. If someone disagrees, please let me know. I can ask for Jay's position
on that as well if you like.
From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marle.C.VIllafana@usdoj.gov]
Sent: Thursday, February 21, 2008 10:42 AM
To: Oosterbaan, Andrew
Subject: RE: Epstein update
Hi Drew - Thank you for the update. Do you want an FBI presence at any meeting you set up? I can ask the
SAC if he wants to attend (or if he wants someone higher tip to attend). Please just let me know.
Thank you.
A. Marie Viiialana
Assistant U.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Oosterbaan, Andrew
Sent: Wednesday, February 20, 2008 3:50 PM
To: Senior, Robert (USAFLS); Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha
Subject: RE: Epstein update
Just to update — I have a call into Lefkowitz. but I haven't heard back from him. I'll try him again tomorrow If he hasn't
called back by then.
From: Senior, Robert (USAFLS) [mailto:Robert.Sentor@usdpl.gov]
Sent: Wednesday, February 20, 2008 3:42 PM
To: Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew
Subject: RE: Epstein update
1saa EXHIBIT B-111
08-80736-C V-MARRA P-014574
EFTA00225111
I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out
the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but
unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and
Rolando to have a crack at it.
From: Villafana, Ann Marie C. (USAFLS)
Sent: Wednesday, February 20, 2008 3:19 PM
To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew
Subject: Epstein update
Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you
want a preview before her edits, or if you just want to start reading the pros memo, please let me know.
Thank you.
A. Marie Villafalla
Assistant U.S. Attorney
561 209-1047
1589
08-80736-CV-MARRA P-014575
EFTA00225112
Villafana, Ann Marie C. (USAFLS)
From: Villafana. Ann Marie C. (USAFLS)
Sent: Thursday, February 21, 2008 11:21 AM
To: Braden, Myesha
Subject: FW: Epstein update
Iii Mycsha -- Do you think we have a chance? I have fora• hours reserved with the grand jury on March I
wanted to try to do it sooner, but I think this is going to take a while. Can you come on the I In'?
I have been super-depressed about this — my poor secretary thinks I have turned into a I just can't help
feeling that I am doing all of this work kw nothing.
4. Marie Villeflaila
Assistant U.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach. Fl. 33401
Phone 561 209.1047
Fax 561 820-8777
From: Oosterbaan, Andrew
Sent: Wednesday, February 20, 2008 3:50 PM
To: Senior, Robert (USAFLS); Villafana, Am Marie C. (USAFLS); Garda, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha
Subject: RE: Epstein update
Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow if he hasn't
called back by then.
From: Senior, Robert (USAFLS) [maIlto:Robert.Senior@usdoj.gov]
Sent: Wednesday, February 20, 2008 3:42 PM
To: Villafana, Ann Marie C. (USAFLS); Garda, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew
Subject: RE: Epstein update
I thought the pros memo and indictment that I read were goad. We talked about rearranging and thinning out
the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but
unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and
Rolando to have a crack at it.
From: Villafana, Ann Marie C. (USAFLS)
Sent: Wednesday, February 20, 2008 3:19 PM
To: Senior, Robert (USAFLS); Garda, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew
Subject: Epstein update
Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you
want a preview before her edits, or if you just want to start reading the pros memo, please let me know.
1592
08-80736-CV-MARRA P-014576
EFTA00225113
Thank you.
A. Marie Vil!aloft
Assistant U.S. Attorney
561 209-1047
1593
08-80736-CV-MARRA P-014577
EFTA00225114
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Thursday, February 21, 2008 10:42 AM
To: Oosterbaan, Andrew
Subject: RE: Epstein update
fli Drew — Thank you for the update. Do you want an FBI presence at any meeting you set up? I can ask the
SAC if he wants to attend (or if he wants someone higher up to attend). Please just let me know.
Thank you.
A. Ala& Viiigfinla
Assistant U.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Oosterbaan, Andrew
Sent: Wednesday, February 20, 2008 3:50 PM
To: Senior, Robert (USAFLS); Villafana, Ann Mane C. (USAFIS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha
Subject: RE: Epstein update
Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow if he hasn't
called back by then.
From: Senior, Robert (USAFLS) (mallto:Robert.Senlor@usdoj.gov]
Sent: Wednesday, February 20, 2008 3:42 PM
To: Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew
Subject: RE: Epstein update
I thought the pros memo and indictment that I read were good. We talked about rearranging
and thinning out
the overt acts in order to clarify the particular conduct. There were a few other smaller
changes as well, but
unless there are major changes to the pros memo or indictment that I
reviewed, I will wait for Karen and
Rolando to have a crack at it.
From: Villafana, Ann Marie C. (USAFLS)
Sent: Wednesday, February 20, 2008 3:19 PM
To: Senior, Robert (USAFLS); Garcia, Rolando
(USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen
(USAFLS); Braden, Myesha; Oosterbaan, Andrew
Subject: Epstein update
Bob and Rolando — Just wanted to let you know that I gave the
indictment package to Karen yesterday. If you
want a preview before her edits, or if you just want to start
reading the pros memo, please let me know.
Thank you.
1596
08-80736-CV-MARRA P-014578
EFTA00225115
A. Marie Villafafta
Assistant U.S. Attorney
561 209-1047
•
1597
08-80736-CV-MARRA P-014579
EFTA00225116
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Thursday. February 21, 2008 10:35 AM
To: Kuyrkendall, E N.; Richards, Jason R.; Santiago. Alan (LEO)
Subject: FW: Epstein update
FYI - Still don't kno‘‘ what is going to happen. but at least there finally is movement.
A. Marie riikViala
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach. FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Oosterbaan, Andrew
Sent: Wednesday, February 20, 2008 3:50 PM
To: Senior, Robert (USAFLS); Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, )eff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha
Subject: RE: Epstein update
Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow if he hasn't
caned back by then.
From: Senior, Robert (USAFLS) [mallto:Robert.Senior@usdoj.govj
Sent: Wednesday, February 20, 2008 3:42 PM
To: VIllafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew
Subject: RE: Epstein update
I thought the pros memo and indictment that I read were good. We talked about rearranging and
thinning out
the overt acts in order to clarify the particular conduct. There were a few other smaller changes
as well, but
unless there are major changes to the pros memo or indictment that I reviewed, I will wait
for Karen and
Rolando to have a crack at it.
From: VIllafana, Ann Marie C. (USAFLS)
Sent: Wednesday, February 20, 2008 3:19 PM
To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS);
Braden, Myesha; Oosterbaan, Andrew
Subject: Epstein update
Bob and Rolando — Just wanted to let you know that I gave the indictment package
to Karen yesterday. If you
want a preview before her edits, or if you just want to start reading the pros
memo, please let me know.
Thank you.
A. Marie Villafana
1600
08-80736-CV-MARRA P-014580
EFTA00225117
Assistant U.S. Attorney
561 209-1047
1601
08-80736-CV-MARRA P-014581
EFTA00225118
Villafana, Ann Marie C. (USAFLS)
From: Oosterbaan, Andrew
Sent: Wednesday, February 20, 2008 3:50 PM
To: Senior, Robert (USAFLS); Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden,
Myesha
Subject: RE: Epstein update
Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow If he hasn't
called back by then.
From: Senior, Robert (USAFIS) [mallto:Robert.Senlor@usdoj.gov]
Sent: Wednesday, February 20, 2008 3:42 PM
To: VIHelena, Ann Marie C. (USAFLS); Garcia, Rolando (USAFIS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew
Subject: RE: Epstein update
I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out
the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but
unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and
Rolando to have a crack at it.
From: VIHelena, Ann Marie C. (USAFLS)
Sent: Wednesday, February 20, 2008 3:19 PM
To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew
Subject: Epstein update
Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you
want a preview before her edits, or if you just want to start reading the pros memo, please let me know.
Thank you.
A. Marie Villafafla
Assistant U.S. Attorney
561 209-1047
1612
08-80736-CV-MARRA P-014582
EFTA00225119
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Wednesday, February 20, 2008 3:19 PM
To: Senior, Robed (USAFLS); Garcia, Rolando (USAFLS)
Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden,
Myesha; Oosterbaan, Andrew
Subject: Epstein update
Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a
preview before her edits, or if you just want to start reading the pros memo, please let me know.
Thank you.
A. Marie Villafana
Assistant U.S. Attorney
561 209-1047
Tracking:
1619
08-80736-CV-MARRA P-014583
EFTA00225120
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: ay, February 25, 2008 11:24 AM
To: , Caroline (USAFLS)
Subject: : uestion regarding use of Grand Jury
Thank you. Caroline. It is most appreciated.
A. Marie rillalitna
Assistant U.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach. FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Caroline (USAFLS)
Sent: Mon ay, February 25, 2008 11:23 AM
To: Villafana, Ann Marie C. (USAFLS)
Subject: RE: Question regarding use of Grand Jury
Marie:
I see no need to change grand juries. Indeed, changing grand juries might suggest that something untoward
occurred, which is not the case.
Nor do I see a requirement to give a 404(6) type instruction. Let's not forget that the role of the grand is to
investigate, and it is wholly appropriate that a grand jury in good faith pursued a line of investigathin that does
not lead to indictment. That is a very different matter from presenting information pursuant to 404(b), to prove
motive, lack of accident, etc.
I share your instinct that just dropping six victims, and the draft proposed indictment, might call for some
explanation, or at least acknowledgement, to the grand jury. It's always dicey, and not really desirable, to
explain and share legal strategies with the grand jury. Perhaps you can simply tell them that the old draft
proposed indictment is being withdrawn, and a different set of facts is being pursued, and ask them if they can
set aside what they heard previously, and base a determination of probable cause solely on the new evidence. If
any of them indicate inability to do so, perhaps they should be excused from consideration of this case; if that
leaves you without a quorum, then you have a basis to go to a new grand jury.'
I hope this helps; I'm available by phone as well.
Carcrlime.,
EXHIBIT B-112
1546
08-80736-CV-MARRA P-014623
EFTA00225121
From: Vlllafana, Ann Marie C. (USAFLS)
Sent: Monday, February 25, 2008 9:59 AM
To: Miller, Caroline (USAFLS)
Subject: Question regarding use of Grand Jury
Hi Caroline — I have received two conflicting points of view regarding this question, so I thought 1 should ask
the expert. Here is my situation:
I have been involved in a long-term investigation of a child exploitation case. Throughout the investigation, I
have presented evidence and testimony to Grand Jury A. Some of that evidence and testimony related to six
victims (of a total of 19 victims), including the live testimony of one of those victims. I also began presenting
evidence related to what I called a "draft proposed indictment." For various reasons, the indictment has been
delayed about 9 months. And, for other strategic reasons, we have decided to drop the six victims referenced
above, and replaced them with a different six victims.
The question is now raised as to whether I should continue presenting to Grand Jury A, with a 404(b)-type
instruction related to the evidence of the six dropped victims and some sort of instruction regarding the initial
"draft proposed indictment", or whether I should present to Grand Jury B, excluding any testimony regarding
those six victims. One other consideration — Grand Jury A is due to expire in August, and I anticipate that the
investigation will continue for quite some time after indictment. It is possible that the 6 dropped victims will be
re-added in a superseding indictment.
Thank you.
A. Marie Villafaila
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
Tracking:
1547
08-80736-CV-MARRA P-014624
EFTA00225122
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Monday, February 25, 2008 12:00 PM
To: Sloman, Jeff (USAFLS); Senior, Robed (USAFLS); Garcia, Rolando (USAFLS); Atkinson,
Karen (USAFLS)
Cc: Braden, Myesha ,.
Subject: Epstein
all - I wanted to raise an issue with you regarding the presentation of the Epstein indictment. I have been
the West Palm Beach Tuesday grand jury in the past, which has included presentation of testimony from
A R. and agent testimony regarding girls who will no longer be referenced in the indictment.
I have conferred with Karen Atkinson and Caroline Heck regarding whether to stay with the same grand
jury or present to a different grand jury. They agree that I should present to the same grand jury with some sort
of instruction regarding not relying on evidence/testimony regarding those girls.
That is my intention. I would like to present on March I I Lb. Epstein will be in town on March 10th for his state
court hearing and hopefully we will be able to keep track of his whereabouts until the following day. Karen is
reviewing the package now, so it should be in Miami by Monday, March 31
Also, I invited Myesha to be present for the grand jury proceedings, but she is waiting to hear from Alice and
Drew about her level of involvement in the case. She is available on that dater so, if Alice and Drew decide
about this, she will be able to attend.
Thank you.
A. Mark Villafafia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820.8777
EXHIBIT B-113
Tracking:
1542
08-80736-CV-MARRA P-014628
EFTA00225123
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Tuesday, February 26, 2008 10:05 AM
To: Braden, Myesha
Subject: Epstein
Hi Myesha — I won't even tell you about how today is starting off badly on this case (politics, of course, not
facts). But, in any event, the word is that CEOS is going to undertake an "independent review" of the case and
meet with Epstein's attorneys some time next week. My supervisor is finishing the review of the indictment
package and I know she caught some typos. When I finish those revisions, I will e-mail to you the entire
indictment package, and you can find out what Drew wants to look at. I have one real concern, however. As
you know, there are several girls that are still unknown to the defense. I want to avoid any possibility that those
names might be disclosed. Should I redact the names of all of the girls from the pros memos that I send to you?
Thank you, Myesha.
A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
EXHIBIT I3-114
1520
08-80736-CV-MARRA P-014629
EFTA00225124
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Tuesday, February 28, 2008 8:41 AM
To: Sloman, Jeff (USAFLS)
Cc: Senior, Robed (USAFLS)
Subject: RE: Confidential
Why would we possibly let him keep the same deal after all he has put us through? And after we have
discovered 6 new girls, plus another 3 probable victims in New York?
A. Mole VillafaAa
Assistant 11.S. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach. FL. 33401
Phone 561 209-1047
Fax 561 820.8777
From: Sloman, Jeff (USAFLS)
Sent: Tuesday, February 26, 2008 9:34 AM
To: Senior, Robert (USAFLS); VIllafana, Ann Marie C. (USAFLS)
Subject: Confidential
FYI
From: Stoman, Jeff (USAFLS)
Sent: Monday, February 25, 2008 7:43 PM
To: JLetkowitz@kirkland.com
Cc: Oosterbaan, Andrew
Subject: Epstein
Jay,
The Section Chief of DOJ's Child Exploitation Obscenity Section (CEOS) notified me today that
he will review the matter involving your client Jeffrey Epstein. The Section Chief has indicated
that he is ready to proceed immediately, and I understand you are in the process of providing
him this week with a summary of issues to be reviewed, and expect to meet with him next
week.
The Section Chief also indicated that you would be calling this Office regarding the upcoming
March 3, 2008 court date in the Fifteenth Judicial Circuit, in and for Palm Beach County. As you
know, the Agreement entered into by your client originally provided that the United States
1522 EXHIBIT B-11S
08-80736-CV-MARRA P-014630
EFTA00225125
Attorney's Office for the Southern District of Florida (this Office) would defer prosecution if
your client pled guilty to enumerated state charges by October 26, 2007. Since then, that date
has been postponed for a number of reasons. At this juncture, it would not be reasonable to
keep the current March 3I date as a deadline for compliance with the Agreement. That said,
this Office is very concerned about additional delays. Despite this concern, I want to assure
you that if counsel for Mr. Epstein meets with CEOS next week (the week of March 31, this
Office will extend the time for compliance with the Agreement to provide CEOS time to
engage in a thorough review.
It goes without saying that in the event that CEOS decides that a federal prosecution should
not be undertaken against Mr. Epstein, this Office will close its investigation. However, should
CEOS disagree with Mr. Epstein's position, Mr. Epstein shall have one week to abide by the
terms and conditions of the September 24, 2007 Agreement as amended by letter from United
States Attorney Acosta to Jay Lefkowitz.
Jeffrey H. Sloman
First Assistant U.S. Attorney
Southern District of Florida
•
•
Tracking:
1523
08-80736-CV-MARRA P-01463I
EFTA00225126
Villafana, Ann Marie C.(USAFLS)
From: Villafana, Ann Marie C.(USAFLS)
Sent: Wednesday, February 27, 2008 4:28 PM
To: Weinstein, David (USAFLS)
Cc: Senior, Robert (USAFLS)
Subject: RE: To the Civil Rights Chief
That is fine. Just please send a copy to me for my file.
A. Marie Villafaha
Assistant U,S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
Original Message
From: Weinstein, David (USAFLS)
Sent: Wednesday, February 27, 2008 4:22 PM
To: Villafana, Ann Marie C. (USAFLS)
Cc: Senior, Robert (USAFLS)
Subject: Re: To the Civil Rights Chief
Bob, Jeff, Alex and I discussed this yesterday. Jeff made some edits to your
proposed letter and wants to send it out under Bob's signature.
Bob have you had a chance to review Jeff's email?
Original Message
From: Villafana, Ann Marie C. (USAFLS)
To: Weinstein, David (USAFLS)
Cc: Senior, Robert (USAFLS)
Sent: Wed Feb 27 16:16:36 2008
Subject: RE: To the Civil Rights Chief
Hi David -- Have you had a chance to talk to Bob about this? I think my window
is close to "opening" and I don't want the bad guys to come up with another
reason for delay.
Thank you.
A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
EXHIBIT B-116
1499
08-80736-CV-MARRA P-014632
EFTA00225127
Original Message
From: Weinstein, David (USAFLS)
Sent: Thursday, February 21, 2008 5:03 PM
To: Villafana, Ann Marie C. (USAFLS)
Cc: Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS)
Subject: Re: To the Civil Rights Chief
Timing is everything. Right now I am at the NAC attending the Criminal Civil
Rights Seminar.
Your letter seems to cover everything, but I want to chat with Bob about it
before we send it out. It should probably be addressed to Stephan Curran, who is
the Deputy assigned to cover our District.
Bob and I can talk Monday when I get back and we can send out the letter.
Since Drew's shop is involved and has been for a while, they will hopefully agree
with our/your conclusion.
DSW
Original Message
From: Villafana, Ann Marie C. (USAFLS)
To: Weinstein, David (USAFLS)
Cc: Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS)
Sent: Thu Feb 21 15:56:01 2008
Subject: To the Civil Rights Chief
Hi David - I was just perusing the U.S. Attorney's Manual looking for an answer
on another case and I noticed that Section 9-75.030 (regarding Coordination of
Child Sex Abuse cases) says that cases involving violations of 18 USC 1591
(related to child sex trafficking) are supposed to be coordinated with CEOS and
the Civil Rights Division.
According to Section 8-3.120, prior to presentation to the grand jury, the U.S.
Attorney is supposed to advise the Civil Rights Division in writing of the
following:
(a) Identity of the targets of the investigation;
(b) The factual allegations to be investigated;
(c) The statutes which may have been violated;
(I) The United States Attorney's assessment of the significance of the case and
whether the case is one of "national interest," and
(e) The U.S. Attorney's proposed staffing of the matter (including whether a
Civil Rights Division attorney should be assigned to work directly on the
matter).
Here is my proposal for such a written notification:
Dear : Pursuant to USAM Section 8-3.120, I write to inform
you of an ongoing investigation of a child exploitation matter that may result in
charges of violet' targe . estigat'—
pstein, and a/k/a
The inves'iga on as revea ed a effrey pstein would use hiss
1500
08-80736-CV-MARRA P-014633
EFTA00225128
assistants (Kellen, Marcinkova, and to arrange appointments with minors to
engage in commercial sexual activity. ommunications were made via telephones.
Once appointments were made, Epstein would travel to the Southern District of
Florida, where he maintained a residence, and the minors would travel to his home
in Palm Beach where the sexual activity would occur. The Office anticipates
charges of violations of Title 18, united States Code, Sections 371, 2422, 2423,
and 1591. The investigation of the case by the City of Palm Beach Police
Department has resulted in press coverage because of the titillating nature of
the facts, but we see this case as similar to other "sex tourism" cases charged
by our office, and not a matter of "national interest" as' defined by the U.S.
Attorney's Manual. With respect to staffing, the Office has consulted with the
Child Exploitation and Obscenity Section, and we anticipate that the case will be
staffed by at least one Assistant United States Attorney from our West Palm Beach
office and at least one CEOS Attorney.
If we determine that the case should be presented for an indictment, a copy will
be provided to you.
David - If you need any more info, please let me know. Also, the indictment is
currently being reviewed by my supervisor. If you want to send the draft to
Civil Rights now, please let me know.
Thank you.
A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
Tracking:
1501
DataSet-10
Unknown
10 pages
Memorandum
SubjectDate
Re: Operation Leap Year January 31, 2007
ToFrom
R. Alexander Acosta, United States Attorney
Jeff Sloman. First Assistant United States Attorney
er
Chief, Criminal Division
, MAUSA, Northern Region
Chief, Northern Region
I. Introduction
This memorandum seeks approval for the attached indictment charging Jeffrey Epstein,
MI, and . The proposed indictment contains counts and seeks the forfeiture
of Epstein's Palm Beach home and two airplanes.
The investigation initially was undertaken by the City of Palm Beach Police Department in
response to a corn laint received from the parents of a 14-year-old girl, ., from Royal Palm
Beach. When . and anothergirl began fighting at school, one of the school prin.
intervened. The principal searched .'s purse and found $200 cash, the principal accused
I. of selling drugs. . denied sellin dru s, and explained that she had been paid $200 to give a
massage to a man on Palm Beach island. parents were notified and they approached the Palm
Beach Police Department ("PBPD") about pressing charges. PBP.le an investi atin the recipient of
the massage, Jeffrey Epstein, and two of his assistants, and . PBPD
identified 27 girls who went to Epstein's house to perform "massage services" (not including one
licensed massage therapist). The girls' ages ranged from 14 years' old to 23 years' old. Some girls saw
Epstein only once and some saw him dozens of times. The "massage services" performed also varied.
Some girls were fully clothed while they massaged Epstein; some wore only their underwear; and some
were fully nude. During all of these massages, Epstein masturbated himself and he would touch the girl
performing the massage, usually fondling their breasts and touching their vaginas - either over their
clothing or on their bare skin. Epstein often used a vibrator to masturbate the girls and digitally
penetrated a number of them. For the girls who saw him more often, graduated to oral sex and
vaginal sex. Epstein sometimes brow ht his assistant/girlfriend, into the sexual
activity. One of the girls described as Epstein's "sex slave".
On October 18, 2005, PBPD obtained a search warrant with the assistance of the Palm Beach
County State Attorney's Office ("PBSAO"). By this time, PBSAO had already been contacted by
Epstein's cadre of lawyers. When PBPD arrived at Epstein's home two days later (10/20/05) to execute
the search warrant, they found several items conspicuously missing. For example, computer monitors
and keyboards were found, but the CPUs were gone. Similarly, surveillance cameras were found, but
they were disconnected and the videotapes were gone. Nonetheless, the search did recover some
evidence of value, including message pads showing messages from many girls over a two year span.
The messa es show iris returnin hone calls to confirm a ointments to "work." Messages were
taken by and is not being treated as a
target, and has consented to an interview with a proffer letter. The search also recovered numerous
photos of Epstein sitting with naked girls whose ages are undetermined.
Photographs taken inside the home show that the girls' descriptions of the layout of the home and
master bedroom/bathroom area are accurate. PBPD also found massage tables and oils, the high school
transcript of one of the girls, and sex toys.
EFTA00229906
In sum, the PBPD investigation showed that girls from Royal Palm Beach High School would be
contacted by one of Epstein's assistants to make an appointment to "work." Up to three appointments
each day would be made. The girls would travel toar's home in Palm Beach where they would
meet Epstein's chef and Epstein's assistant—usually in the kitchen. The assistant would escort
the girls upstairs to the master bedroom/bathroom area and set up the massage table and massage oils.
The girl sometimes was instructed to remove her clothing. The assistant would leave and Epstein
would enter the room wearing a robe. He would remove the robe and lie face down and nude on the
massage table. Epstein would then instruct the girl on what to do and would ask her to remove her
clothing. After some time, Epstein would turn over, so that he was lying face up. Epstein would
masturbate himself and fondle the girl performing the massage. When Epstein climaxed, the massage
was over, and the girl was instructed to get dressed and to go downstairs to the kitchen while Epstein
showered. Epstein's assistant would be in the kitchen and the girl would be paid—usually $200-and if it
was a "new" girl, the assistant would ask for the girl's phone number to contact her in the future. Girls
were encouraged to find other girls to bring with them. If a girl brought another girl to perform a
"massage," each girl would receive $200.
The PBPD investigation consists primarily of sworn taped statements from the girls. When
PBPD began having problems with PBSAO, they approached the FBI. The investigation was formally
presented to FBI and to me after PBSAO "presented" the case to a state grand jury and that grand jury
returned an indictment charging Epstein with three counts of solicitation of prostitution. a
Once I determined that there were federal statutes violated, FBI, ICE, and I opened files. The
federal investigation has focused on the interstate nexus required for all of the federal violations, so a
number of grand jury subpoenas were issued for telephone records, flight manifests, and credit card
records. The federal agents also re-interviewed some of the girls, but limited their questions to "new"
topics, such as the specific means of contact, to avoid creating inconsistent Jencks materials. The agents
also delved into Epstein's history and interviewed others and obtained records to corroborate the girls'
stories. FBI also interviewed girls who came forward after PBSAO indictment was reported in the
papers and the additional girls identified through those interviews.
I will first address the different crimes with which Epstein can be charged, setting forth the
elements of those offenses and the types of evidence that I intend to use to satisfy those elements.
Second, I will summarize the evidence related to each girl who has been identified as a potential victim
in this case. As to each date/event identified, I will note which offense was committed and, if charged,
the Count number related to that offense. Appendix A also contains a sheet for each girl, which contains
a photograph taken around the time she met Epstein, her date of birth, and a summary of the evidence
related to that girl. Appendix B is a chart summarizing the evidence pertaining to each count.
Following the discussion of the girls' statements and evidence, there is a discussion of the
evidence from other witnesses, including corroborating evidence and information related to Epstein's
background. The last section discusses forfeiture.
II. The Law of the Offenses Charged
Epstein's conduct violates a number of federal statutes, all of which are discussed herein. I erred
on the side of over-charging to allow the Office to consider the options and to delete those counts that it
considers to be the weakest. If any of the statutes or their penalties changed during the time period
charged (early 2004 through mid-2005), it is noted.
A. Coercion and Enticement: 18 USC § 2422
Whoever, using the mail or any facility or means of interstate . . . commerce, . . .
knowingly persuades [ or ] induces . . . any individual who has not attained the age of 18
years, to engage in prostitution or any sexual activity for which any person can be charged
with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned
not less than 5 years and not more than 30 years.
EFTA00229907
18 U.S.C. § 2422(b). The Eleventh Circuit Pattern Jury Instructions list the elements of this offense as:
First : That the Defendant knowingly used a facility or means of interstate commerce to
persuade or induce an individual under the age of eighteen to engage in prostitution or
sexual activity;
Second : That the Defendant believed that such individual was less than eighteen years of
age;
Third : That if the sexual activity had occurred, the Defendant could have been charged
with a criminal offense under the law of Florida; a and
Fourth : That the Defendant acted knowingly and willfully.
The statute does not define "facility or means of interstate commerce" or "prostitution."
1. A telephone is a "facility of interstate commerce."
The Eleventh Circuit, however, has ruled that evidence of the use of a cellular telephone satisfies
the element of using a facility or means of interstate commerce. United States v. Drury , 396 F.3d 1303,
1311 (11th Cir. 2005) (the term "facility of interstate commerce . . . establishes federal jurisdiction
whenever any "facility of interstate commerce" is used in the commission of [the] offense, regardless of
whether the use is interstate in nature ( i.e. , the telephone call was between states) or purely intrastate in
nature ( i.e. , the telephone call was made to another telephone within the same state)."). In Drury , the
defendant used his land-line telephone to call an undercover agent's cellular telephone. Although both
the defendant and the agent were in Georgia, the signals to the agent's cell phone had to pass through
VoiceStream's Jacksonville, Florida switching center. The defendant argued that he did not know or
intend that the call pass in interstate commerce. The Eleventh Circuit was unpersuaded:
The calls were not accidentally or incidentally placed, but rather were made knowingly to
further a scheme. . . . Accordingly, whether Drury knew or intended that they would travel
across state lines is immaterial.
Id. at 1313. In Drury , the Eleventh Circuit did not address whether the district court erred by
instructing the jury that telephones are "facilities in interstate commerce." In an unpublished decision
from last year, the Eleventh Circuit wrote, in dicta , that there was no error in instructing a jury that "the
telephone system was a facility of interstate commerce." United States v. Roberts , 2006 WL 827293
n.1 (11th Cir. Mar. 30, 2006). See also United States v. Strevell , 2006 WL 1697529, *3 (11th Cir. June
20, 2006) (finding that a defendant's placing of "numerous phone calls from Philadelphia to Miami in
order to arrange his sexual encounter" was sufficient to prove the use of a facility and means of
interstate and foreign commerce).
2. What is "prostitution"?
As noted above and discussed more thoroughly below, almost none of the girls engaged in
traditional sexual intercourse with Epstein. The common activity included allowing Epstein to fondle
the girl while he masturbated himself, Epstein's digital penetration of the girl, and Epstein's use of a
vibrator on the girl while he masturbated himself. It is clear that this activity was done in exchange for
money, but the defense will likely argue that some of the activity was not "sexual enough" to qualify as
"prostitution."
Title 18 carries no definition of "prostitution." In United States v. Prince , the Fifth Circuit
approved of the generic definition "sexual intercourse for hire" where the West Virginia statues also
lacked a definition. Prince , 515 F.2d 564, 566 (5th Cir. 1975). F3 In 1946, the Supreme Court defined
prostitution as the "offering of the body to indiscriminate lewdness for hire." Cleveland v. United
States , 329 U.S. 14, 17 (1946). Black's Law Dictionary contains several definitions of prostitution:
Prostitution: Act of performing, or offering or agreeing to perform a sexual act for hire.
Engaging in or agreeing or offering to engage in sexual conduct with another person
under a fee arrangement with that person or any other person. Includes any lewd act
between persons for money or other consideration. Within meaning of statute proscribing
EFTA00229908
prostitution, comprises conduct of all male and female persons who engage in sexual
activity as a business.
Black's Law Dictionary (6th Ed. 1990) at 1222. The term "lewd" is especially broad, and probably
covers all of the acts described below.
The district court may decide to limit the term to the definition contained in Florida law. The
Florida Statutes define prostitution as "the giving or receiving of the body for sexual activity for hire . .
." Fl. Stat. § 796.07(1)(a) (2005). Sexual activity, in turn, means "oral, anal, or vaginal penetration by,
or union with, the sexual organ of another, anal or vaginal penetration of another by any other object; or
the handling or fondling of the sexual organ of another for the purpose of masturbation . . ." Fl. Stat. §
796.07(1)(d). If this definition is used, those instances where the girls remained clothed and where
Epstein did not fondle the girls' vaginas would probably fall outside the definition of "prostitution."
3. What is "any sexual activity for which any person can he charged with a criminal
offense"?
Section 2422 outlaws both the use of a facility of interstate commerce to entice a minor to engage
in prostitution and the use of that facility to entice a minor to engage in "any sexual activity for which
any person can be charged with a criminal offense." As set forth in the Pattern Jury Instruction above,
the determination of what sexual activity is criminal is governed by Florida law.
Florida law bars a person from procuring anyone under the age of 18 to engage in prostitution or
to cause a minor to be prostituted. Fl. Stat. § 796.03 (2005). Florida also defines four categories of
lewd or lascivious offenses that criminalize behavior between adults and children under the age of 16 :
1. "Lewd or lascivious battery" occurs when an adult le]ngages in sexual activity a l with a
person 12 years of age or older but less than 16 years of age." Fl. Stat. § 800.04(4)(a).
2. "Lewd or lascivious molestation" occurs when an adult "intentionally touches in a lewd or
lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a
person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the
perpetrator." Fl. Stat. § 800.04(5)(a).
3. "Lewd or lascivious conduct" occurs when a person intentionally touches a person under 16
years of age in a lewd or lascivious manner or solicits a person under the age of 16 to commit a lewd or
lascivious act. Fl. Stat. § 800.04(6)(a).
4. "Lewd or lascivious exhibition" occurs when a person intentionally masturbates or exposes his
genitals in a lewd or lascivious manner in the presence of a victim who is less than 16 years of age. Fl.
Stat. § 800.04(7)(a).
All of these offenses are classified as second degree felonies when perpetrated by an adult. Fl. Stat. §§
800.04, 800.04(5)(c)(2), 800.04(6)(b), 800.04(7)(c).
Section 800.04 affirmatively bars two defenses to these charges. First, "[n]either the victim's
lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section." Fl. Stat. §
800.04(2). Second, the "perpetrator's ignorance of the victim's age, the victim's misrepresentation of
his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a
prosecution under this section." Fl. Stat. § 800.04(3).
Florida law does bar "sexual activity" between adults over the age of 24 and minors who are 16
or 17 years' old. Fl. Stat. § 794.05(1). In those cases, "sexual activity" is defined as "oral, anal, or
vaginal penetration by, or union with, the sexual organ of another." Id. With this offense, ignorance of
the victim's age, misrepresentation of the victim's age, and a bona fide belief that the victim is over the
age of 17 are not defenses. Fl. Stat. § 794.021.
4. Charging Decisions
Due to the differences in these statutes, for girls who were under the age of 16, I have charged
instances of enticement to engage in sexual activity for which a person may be prosecuted and
enticement to engage in prostitution. For girls who were 16 or 17 at the time, I have charged only
EFTA00229909
enticement to engage in prostitution, unless the conduct with the particular girl rises to the level of
"sexual activity" as defined in Fl. Stat. § 800.04(1)(a).
5. Conspiracy to Violate Section 2422(h).
Unlike most of the other statutes discussed below, Section 2422(b) does not include its own
conspiracy prohibition. Accordingly, a conspiracy to violate Section 2422(b) requires the allegation of a
Section 371 conspiracy. While, generally speaking, it is nice to avoid the trouble of alleging a 371
conspiracy, in this case it actually may work to our benefit. First, it allows us to set forth in the
indictment, in painstaking detail, the scope of the conspiracy. Second, it allows us to allege as "overt
acts," items that might otherwise be excluded pursuant to Fed. R. Evid. 404(b). For example, if Epstein
and his assistants engaged the services of an eighteen-year-old girl ("A") to perform a sexual massage
on Epstein, that could not be charged as a substantive offense. But, if A was asked to bring additional
girls and A later brought Epstein girls who were under eighteen, then the activities with A were overt
acts in the conspiracy. Fs
6. Penalties and Forfeiture
The charged offenses occurred before the enactment of the Adam Walsh Act, so each count
carries a sentence of 5 to 30 years in prison, supervised release of up to life, and a $250,000 fine.
Section 2428 states that the Court, in imposing sentence, "shall order, in addition to any other sentence
imposed . . . that such person shall forfeit to the United States — (1) such person's interest in any
property, real or personal, that was used or intended to be used to commit or to facilitate the commission
of such violation[.]" Applying this language, Epstein's Palm Beach home and the two airplanes that he
used to travel to West Palm Beach are subject to forfeiture.
The charge of conspiracy to violate Section 2422 carries a penalty of only 5 years in prison
because it must be charged as a Section 371 conspiracy.
B. Travel with Intent to Engage in Illicit Sexual Conduct: 18 USC § 2423(b)
A person who travels in interstate commerce or travels into the United States . . . for the
purpose of engaging in any illicit sexual conduct with another person shall be fined under
this title or imprisoned not more than 30 years, or both.
18 U.S.C. § 2423(b).
1. Proof of intent to travel
The defendant will most likely assert that his travel to Florida was not done with the intent to
engage in illicit sexual conduct—he traveled just to visit his home and attend meetings, etc.—so he lacked
the requisite intent.
The Eleventh Circuit has held that, in order to be convicted of violating Section 2423(b), the
United States must prove that the defendant "had formed the intent to engage in sexual activity with a
minor when he crossed state lines." United States v. Hersh , 297 F.3d 1233, 1246 (11th Cir. 2002). See
also United States v. Han , 230 F.3d 560 (2d Cir. 2000) (defendant could be convicted of violating
Section 2423(b) even though no sexual activity occurred because "minor" was really an undercover
officer because the defendant had formed the necessary intent by developing a plan to cross state lines to
engage in sexual acts with the minor); United States v. Root , 296 F.3d 1222, 1231-32 (11th Cir. 2002).
Although the Eleventh Circuit has not addressed the issue of a "combined motive" for traveling,
every other circuit that has addressed the issue has found that the proper statement of the law is:
It is not necessary for the government to prove that the illegal sexual activity was the sole
purpose for the transportation. A person may have several different purposes or motives
for such travel, and each may prompt in varying degrees the act of making the journey.
The government must prove beyond a reasonable doubt, however, that a significant or
motivating purpose of the travel across state or foreign boundaries was to have the
individual transported engage in illegal sexual activity. In other words, the illegal sexual
activity must have not been merely incidental to the trip.
EFTA00229910
United States v. Hayward, 359 F.3d 631, 637-38 (3d Cir. 2004). See also United States v. Garcia-Lopez
, 234 F.3d 217, 220 (5th Cir.2000); United States v. Yang , 128 F.3d 1065, 1072 (7th Cir.1997); United
States v. Meacham , 115 F.3d 1488, 1495 (10th Cir.1997); United States v. Sn»is , 87 F.3d 34, 39 (2d
Cir.1996); United States v. Campbell , 49 F.3d 1079, 1082-83 (5th Cir.1995); United States v. Ellis , 935
F.2d 385, 389-90 (1st Cir.1991); United States v. Snow , 507 F.2d 22, 24 (7th Cir.1974); United States v.
Harris , 480 F.2d 601, 602 (6th Cir.1973).
As will be explained below, for each substantive count of violating § 2423(b), we have evidence
that Epstein or one of his assistants called a girl a day or two before traveling to Florida, and called
again while he was in Florida. The evidence consists of cell phone records for the assistants and the
girls, the message pads recovered from the search of Epstein's home, and the flight manifests from
Epstein's private planes.
2. Illicit Sexual Conduct
"Illicit sexual conduct" means:
(1) a sexual act (as defined in section 2246) with a person under 18 years of age that
would be in violation of chapter 109A if the sexual act occurred in the special maritime
and territorial jurisdiction of the United States; or (2) any commercial sex act (as defined
in section 1591) with a person under 18 years of age.
18 U.S.C. § 2423(1).
a. What is a Sexual Act?
Title 18, United States Code, Section 2246(2) defines "sexual act" as:
(A) contact between the penis and the vulva or the penis and the anus, and for purposes of
this subparagraph contact involving the penis occurs upon penetration, however, slight;
(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and
the anus;
(C) the penetration, however slight, of the anal or genital opening of another by a hand or
finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person; or
(D) the intentional touching, not through the clothing, of the genitalia of another person
who has not attained the age of 16 years with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any person.
And Chapter 109A states: "Whoever, in the special maritime and territorial jurisdiction of the United
States or in a Federal prison, knowingly engages in a sexual act with another person who — (1) has
attained the age of 12 years but has not attained the age of 16 years; and (2) is at least four years
younger than the person so engaging; or attempts to do so" has committed a federal offense.
Thus, for purposes of this case, when the victim is under the age of 16, and Epstein either
digitally penetrated the girl or used a vibrator on her vagina, I have alleged that the defendant has
violated Section 2423(b) when he traveled in interstate commerce for the purpose of engaging in a
sexual act as defined in this statute.
b. What is a commercial sex act?
"The term `commercial sex act' means any sex act, on account of which anything of value is
given to or received by any person." 18 U.S.C. § 1591(c)(1). The statute does not go on to define "sex
act," but the legislative history of this statute makes clear that the term is to be read very broadly. The
term "commercial sex act" replaced the term "prostitution" in an earlier version of the statute.
Section 1591 was enacted as part of the "Victims of Trafficking and Violence Protection Act of
2000." Pub. L. 106-384, 114 Stat. 1464. In drafting that legislation, Congress noted: "The sex industry
has rapidly expanded over the past several decades. It involves sexual exploitation of persons,
predominantly women and girls, involving activities related to pmstitution , pornography, sex tourism,
and other commercial sexual services ." Id. at § 102(b)(2). The highlighted language shows that
EFTA00229911
"commercial sexual services" is a broader term than "prostitution," but includes prostitution and the
creation of pornography, amongst other acts.
When the Sentencing Commission amended the Sentencing Guidelines to correspond with this
new legislation, it replaced the term "prostitution" with "commercial sex acts" in the heading of part G
of Section 2 and throughout that section. F6 The Commission gave a stated reason for the amendment:
This amendment ensures that appropriately severe sentences for sex trafficking crimes
apply to commercial sex acts such as production of child pornography, in addition to
prostitution . . . It proposes several changes to § 2G1.1 . . . to address more adequately the
portion of section 112(b) of the Victims of Trafficking and Violence Protection Act of
2000 . . . The amendment proposes three substantive changes to § 2G1.1. First, this
amendment broadens the conduct covered by the guideline beyond prostitution to
encompass all commercial sex acts, consistent with the scope of the Act.. . .
U.S.S.G. App. C, Vol II, Amendment 641 (emphasis added).
The reference to child pornography is especially helpful to us, because the child pornography
statutes use the term "sexually explicit conduct," which is extremely broad, and includes masturbation
and the "lascivious exhibition of the genitals or pubic area of any person." 18 U.S.C. § 2256(2)(A).
3. Charging Decisions
For girls who were under the age of 16, I have charged instances of travel with the intent to
engage in a "sexual act" with a girl under the age of 16 and travel to engage in a "commercial sex act"
with a minor. For girls who were 16 or 17 at the time, I have charged only travel to engage in a
"commercial sex act."
4. Conspiracy
Section 2423(e) creates a separate offense for conspiring to violate Section 2423(b), so the
indictment will contain a single conspiracy count, without the allegation of overt acts, for the entire
period of the conspiracy.
5. Defense
Section 2423(g) provides that in "a prosecution under this section based on illicit sexual conduct
as defined in subsection (0(2), it is a defense, which the defendant must establish by a preponderance of
the evidence, that the defendant reasonably believed that the person with whom the defendant engaged
in the commercial sex act had attained the age of 18 years." So, for those allegations involving
commercial sex acts with 16- and 17-year-old girls, the defendant can come forward and present
affirmative evidence that he reasonably believed that the girls were 18 or older. The defense cannot be
asserted for the sex acts with girls under the age of 16.
6. Penalties and forfeiture
A violation of section 2423, including the conspiracy provision of 2423(e), has no mandatory
minimum sentence, and the maximum sentence is 30 years in prison, lifetime supervised release, and a
$250,000 fine. Section 2428's forfeiture provision applies to these violations as well.
C. Transportation of an Individual to Engage in Sexual Activity: 18 USC 2421
Whoever knowingly transports any individual in interstate or foreign commerce . . with
intent that such individual engage in prostitution, or in any sexual activity for which any
person can be charged with a criminal offense, or attempts to do so, shall be fined under
this title or imprisoned not more than 10 years, or both.
18 U.S.C. § 2421. This traditional "Mann Act" section can be used to charge Epstein alone with
transporting his girlfriend, from New York to Florida to en age in sexual activity
with one of the girls. As will be explained below, one of the victims, ., estimates that she
engaged in sexual activi Epstein "hundreds of times." . reports that, at some oint,
Epstein agreed to pay more money if she would enga e in sexual activity with
while Epstein watched. Some of this activity occurred before . turned 18 and some occurred
EFTA00229912
afterwards. Regardless of 's age at the time, "could have been charged with" the
following criminal offenses:
• offering to commit or committing prostitution or lewdness, Fl. Stat. § 796.07(2)(e);
• soliciting, inducing, or enticing another to commit prostitution or lewdness, Fl. Stat. § 786.07(2)
(U;
• aiding, abetting, or participating in either of the above-listed offenses, Fl. Stat. § 796.07(2)(h);
or
• purchasing the services of any person engaged in prostitution, Fl. Stat. § 796.07 2 i
Since the transported individual is considered a "victim" under this statute, cannot be
charged, so Epstein is named alone. See, e.g., United States v. Love , 592 F.2d 1022, 1025 (8th Cir.
1979) (citing Gebardi v. United States , 287 U.S. 112, 118-19 (1932)). Just as with Section 2423(b), the
Government must prove that the defendant had the requisite intent prior to the travel, but the
Government does not have to prove that the defendant's sole purpose for traveling and transporting the
individual was to have the individual engage in illegal sexual activity. Mortensen v. United States , 322
U.S. 369, 374 (1944); Crespo v. United States , 151 F.2d 44, 46 (1st Cir. 1945).
This offense carries a statutory maximum of ten years in prison. Section 2428's forfeiture
provision also applies to this offense.
D. Sex Trafficking: 18 USC 1591(a)
Another potential charge, which probably can be used only against and others who
referred or procured girls for Epstein, is human sex trafficking, in violation of 18 U.S.C. § 1591(a).
Section 1591(a)(1) makes it illegal for any person to knowingly, in or affecting interstate or foreign
commerce, recruit, entice, transport, provide, or obtain by any means a person knowing that the person
has not attained the age of 18 years and will be caused to engage in a commercial sex act. Section
1591(a)(2) makes it illegal for a person to knowingly benefit "financially or by receiving anything of
value, from participation in a venture which has engaged in an act described in violation of paragraph
(1), knowing that . . . the person has not attained the age of 18 years and will be caused to engage in a
commercial sex act."
The term "commercial sex act" has the same meaning as discussed above. The statute defines
"venture" as "any group of two or more individuals associated in fact, whether or not a legal entity." 18
U.S.C. § 1591(b)(3).
With respect to 1591(a)(2), the Tenth Circuit has stated the elements as:
1. the defendant knowingly benefitted financially from participating in a venture;
2. the acts engaged in by the venture were in or affecting interstate commerce;
3. the venture recruited, enticed, harbored, transported, provided, or obtained by any means a
person;
4. the defendant knew that the person was under the age of eighteen;
5. the defendant knew the minor would be caused to engage in a commercial sex act.
United States v. Wild , 143 Fed. AS8, 942 (10th Cir. 2005).
Epstein's assistants, and Leslie could be considered people who recruited
or obtained by any means girls under the age of 18 who would be caused to engage in commercial sex
acts. They also could be considered people who benefitted financially from their participation in that
venture based upon the salaries that they received from Epstein. We also may want to consider adding
some of the "local pimps." For example, the boyfriend of one of Epstein's former assistants recruited
girls for Epstein and got paid. If a girl who performed a sexual massage for Epstein brought more girls
to Epstein, the original girl would get paid $200 for each "referral."
These violations of Section 1591(a) carry a statutory maximum of 40 years' imprisonment,
supervised release of up to life, and a $250,000 fine. 18 U.S.C. § 1591(b)(2). As discussed further
below, some of the girls were told that they would only have to "model lingerie." A violation of Section
EFTA00229913
1591(a) carries a harsher penalty if the offense was "effected by fraud." There still is no mandatory
minimum, but the maximum term of imprisonment is life. 18 U.S.C. § 1591(b)(2).
E. Money Laundering: 18 USC 1956
Epstein and his associates can face charges of promotion money laundering.
Whoever, with the intent — (A) to promote the carrying on of specified unlawful activity; .
. . conducts or attempts to conduct a financial transaction involving . . . property used to
conduct or facilitate specified unlawful activity, shall be fined under this title or
imprisoned for not more than 20 years, or both.
18 U.S.C. § 1956(a)(3). "'Conducts' includes initiating, concluding, or participating in initiating, or
concluding a transaction." 18 U.S.C. § 1956(c)(2). The "term `transaction' includes a purchase, sale,
loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution
includes a deposit, withdrawal, transfer between accounts, . . . or any other payment, transfer, or
delivery by, through, or to a financial institution, by whatever means effected." 18 U.S.C. § 1956(c)(3).
A "financial transaction" is:
(A) a transaction which in any way or degree affects interstate or foreign commerce (i)
involving the movement of funds by wire or other means or (ii) involving one or more
monetary instruments, . . . or
(B) a transaction involving the use of a financial institution which is engaged in, or the
activities of which affect, interstate or foreign commerce in any way or degree.
18 U.S.C. § 1956(c)(4).
The "specified unlawful activity" is one of the offenses listed in 18 U.S.C. § 1961(1), namely
"any act which is indictable" under Section 1591(a) (sex trafficking) and Sections 2421 through 2423
(relating to white slave traffic). See 18 U.S.C. § 1961(1)(B).
Epstein's property manager, Janusz Banasiak, was interviewed and served with a subpoena for
records relating to his employment. Banasiak resides in the "guest house" on Epstein's property, and
has access to a "Jeffrey Epstein Household Account." Banasiak uses that account to pay for various
household expenses. Banasiak's practice was to withdraw $1500 at a time from the bank, and he then
would keep a detailed accounting of how the money was spent and, when the $1500 was used up, he
would send a copy of the accounting to Epstein's accountant and he maintained a copy for himself. A
review of those records showed a number of entries that would simply have a girl's name and a round
dollar amount — usually $200. Banasiak explained that on several occasions when Epstein was "in
residence," Epstein or a/ would ask Banasiak pay one of the girls after a massage was
completed. On other occasions when Epstein and were not in Florida, would call
Banasiak to say that a girl was coming to the house and Banasiak should give the girl $200 in an
envelope. Banasiak stated that he would follow these instructions and that he knew that the money was
for "massages," but he insisted that he did not know that sexual activity was occurring. Why Esptein
would pay "masseuses" when he was out of town cannot be explained.
F. Charges that Were Considered and Rejected
1. The Travel Act: 18 USC 1952
Section 1952 bans the travel in interstate commerce in aid of racketeering. So, if a person travels
in interstate commerce with the intent to promote an unlawful activity—which can include prostitution,
and after this travel he performs an act to promote that unlawful activity, then he has violated the Travel
Act. At first blush, this appears to apply. However, the "unlawful activity" must be a " business
enterprise involving" prostitution. If Epstein were a pimp who was soliciting girls for other men and
was assisting him in that effort, the Travel Act would apply. However, since Epstein is using
to solicit girls on Epstein's own behalf, I don't believe that Epstein's personal use of the
prostitutes can be considered a business enterprise.
EFTA00229914
aPBSAO's handling of this case was incredible, and is discussed in Appendix to this memorandum.
F2The pattern jury instruction does not address a case like this where it is alleged that the facility of
interstate commerce was used to induce the girl to engage in prostitution . In such a case, the third element
probably could be deleted.
EIn Bonner v. City ofPrichard, 661 F. 2d 1206 (11th Cir. 1981), the Eleventh Circuit adopted as binding
precedent all Fifth Circuit decisions rendered prior to October 1, 1981.
E"Sexual activity" is defined as "the oral, anal, or vaginal penetration by, or union with, the sexual organ
of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not
include an act done for a bona fide medical purpose." Fl. Stat. § 800.04(1)(a).
E"An `overt act' is any transaction or event, even one which may be entirely innocent when considered
alone, but which is knowingly committed by a conspirator in an effort to accomplish some object of the
conspiracy." 11th Cir. Pattern Jury Instr., Offense Instr. 13.1 (2003).
F6Part G contains the guidelines for calculating the offense levels for "Offenses Involving Commercial
Sex Acts, Sexual Exploitation of Minors and Obscenity."
2On one occasion, Banasiak was directed to give money by Ghislaine Maxwell. Maxwell is the
daughter of the late Robert Maxwell, a British newspaper tycoon. Maxwell is credited with bringing Epstein into
high society, and it appears that at some time they were romantically involved. Maxwell also has been
implicated in another act of molesting a young girl, which is discussed in the 404(b) section below.
EFTA00229915
DataSet-10
Unknown
294 pages
Memorandum
Subject Dote
Memorandum seeking Travel Authorization June 20, 2008
Operation Leap Year
TO From
Rolando Garcia, Deputy Chief A. Marie Villaf
Criminal Division Assistant U.S. A
Karen Atkinson, Chic
Northern Division
I. INTRODUCTION
This memorandum seeks travel authorization to travel to New York from June 19 to June 20,
2008, in connection with Operation Leap Year.
II. THE PROPOSED TRAVEL AND ITS PURPOSE
As you know, we plan to present a final indictment to the grand jury in approximately two
weeks. Since our original planned indictment, we have learned about a series of victims in New
York and the ssible involvement of Epstein's two New York-based assistants, and
The inclusion of New York victims would be a great benefit to the indictment, and
we would like to interview some key people in New York in order to include that evidence in the
indictment.
Accordingly, I propose to travel to New York on the afternoon of Thursday, June 19 to
conduct interviews on Friday, June 20, 2008.' FBI Special Agents Nesbitt Kuyrkendall and Jason
Richards also will be traveling, although they may stay longer.
First, we would like to interview She has been identified by two victims
as someone who recruited numerous others to Epstein's New York residence. We know that Lacerda
was going to Epstein's home when she was 14, and it is possible that she was going there as early
as 13. This trip is contingent upon approval from the Justice Department of our immunity request
for Lacerda. Yesterday I spoke with someone at the Witness Immunity Unit who stated that we
'I may decide to stay in New York on Friday night in order to see a college friend. If I do,
I will pay for the hotel room on Friday night and any difference in the airfares.
EXHIBIT B-132
Case No. 08-80736-CV-MARRA P-008379
EFTA00225378
should have the approval by early next week.'
In addition, a witness here in the Palm Beach area came forward recently to inform the FBI
about a link between Epstein and the MC Modeling Agency. The witness stated that Epstein and
the head of MC2, Jean Luc Brunel, worked together to obtain fraudulent visas to bring potential
models to the United States. The witness stated that Epstein selected some of the underage girls to
come to the United States even though Brunel never intended to use them as models so that Epstein
could engage in sexual activity with them. Brunel's name appears on several of the message pads
recovered during the search of Epstein's home. Some of the messages describe young girls that he
would like Epstein to meet (including a I6-year-old who would "teach Russian" to Epstein). The
FBI previously tried to interview Brunel, but he refused to speak with them. The Palm Beach
witness has told the FBI that a former MC2 employee is willing to speak with the FBI about the
fraud.
Yesterday, the FBI in New York arrested two Bear Steams employees for securities fraud
related to Bear Steams hedge funds involved in the subprime loan crisis. Epstein has been reported
as one ofthe creators of those hedge funds in financial news sources. The agents here are contacting
the New York agents to determine if Epstein is a target/subject of the New York investigation and
also to find out whether the two employees are cooperating and would be willing to speak with us.
For the foregoing reasons, I recommend that the Office approve the costs ofa hotel room and
a flight for my travel to New York.
-' Travel plans will not be made until the immunity is confirmed.
-2-
Case No. 08-80736-CV-MARRA P-008380
EFTA00225379
‘A0/10 (Ho 04/07)Suboxra Co Testify Before Grand Any
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
TO:
SUBPOENA TO TESTIFY
BEFORE GRAND JURY
01.1031MPB1-Tues. No. OLY-05/2
eSUBPOENA
PERSON
FOR:
I DOCUMENT(S) OR OBJECTS)
YOU ARE HEREBY COMMANDED to appear and terrify before the Grand Jury of the United States District
Court at the place, date, and lime specified below,
PLACE COURTROOM
Grand Jury Room
United States District Court
701 Clematis Street DATE AND TIME
West Palm Beach. Florida 33401 71112008 10:30 am
YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):*
ALL DOCUMENTS AND INFORMATION REFERENCED IN THE ATTACHMENT TO THIS SUBPOENA.
U Please see additional information on rei •
This subpoena shall remain in elf In by the cowl or by an officer acting on
behalf of the court.
NAME ADDRESS AND PHONE NUMBER OF ASSISTANT U S ATTORNEY
This subpoena is issued on application AnnMarie C. Villafaria , Assistant U.S. Attorney
or the of A 500 South Australian Avenue, Suite 400
West Palm Beach, Florida 33401-6235
Tel (561) 820.8711, ext 3047
• Ilea applicable. eat 'none"
Case No. 08-80736-CV-MARRA P-008381
EFTA00225380
ATTACHMENT TO GRAND JURY SLBPOENA OLY-85/I
ADDRESSED TO
PLEASE BRINGTHE. FOLLOWING DOCUMENTS, FILMS, AND INFORMATION WITH YOU
TO YOUR GRAND JURY APPEARANCE:
1. Any and all notes, letters, cards, ifts, a ments, hoto ra hs, or other items that u
received from Jeffrey Epstein,
"' Lesley Groff, Ghislaine Maxwell. and/or any other employee or associate o Je rey Epstein.
2. An and all hot a hs, whether printed or di ital, ofJeffrey Epstein,
. Cecilia Steen, Ghislaine Maxwell, and/or any
other employee or associate o Jeffrey Epstein.
3. Any and all e-mails, instant messages, chats, text messages, voiccmails or tele hone
t received from Jeffrey Epstein.
10111 .
employee or associate o Je rey Epstein.
Lesley Groff, Ghislaine Maxwe a or any of r
4. A list of all telephone numbers (cellular and "land line"), c-mail addresses, screen
names, addresses, and any other contact information that you have for the following persons during
the period of January I, 2003 to the present:
a. yourself;
b. Jeffrey Epstein;
c.
d.
e.
f.
g.
h. Ghislaine Maxwell;
i. any person(s) who introduced you to Jeffrey Epstein and/or Ghislaine
Maxwell;
any person(s) whom you introduced to Jeffrey Epstein and/or Ghislaine
Maxwell;
k. any person(s) who communicated with you to arrange appointments to meet
with Jeffrey Epstein and/or Ghislaine Maxwell.
5. Any billing statements for telephone service (cellular and "land line") for any
telephone you used during the period of January I, 2003 to the present.
Case No. 08-80736-CV-MARRA P-008382
EFTA00225381
Villafana, Ann Marie C. (USAFLS)
From: Fernandez, Aida I. (USAFLS)
Sent: Monday, June 23, 2008 9:23 AM
To: Villafana, Ann Marie C. (USAFLS)
Subject: RE: Grand Jury on 6/26 and 7/1
Ok - got it - thx
From: Villafana, Ann Marie C. (USAFLS)
Sent: Monday, June 23, 2008 9:19 AM
To: Fernandez, Aida I. (USAFLS)
Subject: RE: Grand Jury on 6/26 and 7/1
Hi Aida. Thank you for asking. We will be presenting the witness testimony after the indictment. (I would like
to do the indictment in the morning and the witness in the afternoon, if possible.)
A. Marie Villafaiia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Fernandez, Alda I. (USAFLS)
Sent: Monday, June 23, 2008 9:18 AM
To: Villafana, Ann Marie C. (USAFLS)
Cc: Ball, Shawn (USAFLS)
Subject: RE: Grand Jury on 6/26 and 7/1
I assume you will be presenting your witness testimony first? Pls advise so that I know the order in which to
present them next week.
Pls advise.
Thx.
From: Villafana, Ann Marie C. (USAFLS)
Sent: Monday, June 23, 2008 9:09 AM
To: Fernandez, Aida I. (USAFLS)
Cc: Ball, Shawn (USAFLS)
Subject: Grand Jury on 6/26 and 7/1 EXHIBIT B-133
08-80736-CV-MARRA P-014979
6
EFTA00225382
Hi Aida — I think you already have this, but, if not:
Can you put me down for a half-hour on Thursday, 6/26, in the morning, for an indictmen-
And, on 7/1 can I have 2 hours in the morning for an indictment on Operation Leap Year. Witness will be
Nesbitt Kuyrkendall, FBI. It will be sealed.
Also on 7/1, I will need 2 hours for witness testimony on Operation Leap Year. Witness will be
Thank you!
A. Marie Villafafia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
08-80736-CV-MARRA P-014980
7
EFTA00225383
Villafana, Ann Marie C. (USAFLS)
From: Senior, Robert (USAFLS)
Sent: Monday, June 23, 2008 1. 11
To: Villafana, Ann Marie C. (USAFLS); Kuyrkendall, E N. (MM) (FBI); Richards, Jason R. (MM)
(FBI)
Cc: Atkinson, Karen (USAFLS)
Subject: RE: Trip to New York, etc.
Ok. Marie, hoping to hear from DAG's office today giving the green light. Let's talk when that decision is
made.
From: Villafana, Ann Marie C. (USAFLS)
Sent: Monday, June 23, 2008 9:15 AM
To: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI)
Cc: Atkinson, Karen (USAFLS); Senior, Robert (USAFLS)
Subject: Trip to New York, etc.
We will not be interviewing in New York. Her attorney gave a copy of the grand jury subpoena to
Epstein's lawyers. They, in turn, promptly sent it on to Washington complaining, yet again, about me. So, I do
not want to do an interview with him present, and we will have to put her in the grand jury.
Given that, let's take the New York section out of the indictment so we can present the indictment Tuesday
morning. Then we can do interview in the afternoon with plans to supersede. It probably makes sense
to wait on the rest of the interviews until we hear whadMI has to say, so let's plan to do the New York trip
in a few weeks.
Bob — I will revise everything accordingly and send it down to you. We have another girl from Florida, so I
will replace our New York Jane Doe with her.
A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
08-80736-CV-MARRA P-014981
78
EFTA00225384
Villafana, Ann Marie C. (USAFLS)
From: Brendan White
Sent: Thursday, June 26, 2008 10:38 AM
To: Villafana, Ann Marie C. (USAFLS)
Subject: Re: Grand Jury Appearance
Dear Ms. Villafana:
I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in
Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been
executed. Since this would seem to obviate any need for Ms. Lacerda to testify, please let me know what is going on with
respect to this Tuesday. Do we still need to come down there and, if so, will she receive court-ordered
immunity? Thanks.
Brendan White
--- Original Message --
From: Vilfacana. Ahn Marie C. (USAFLS)
To: Brendan White
Sent: Monday, June 23, 2008 2:09 PM
Subject: RE: Grand Jury Appearance
Dear Mr. White:
Please feel free to make your own travel arrangements, but if you would like Ms. Lacerda's travel costs to be
reimbursed, they must be made through the government's approved agency on the approved carriers.
Regarding the immunity, at this point, without a written proffer from you regarding the substance of her
anticipated testimony, I believe that the more prudent course will be to question Ms. Lacerda to determine the
limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide me
with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to
criminal liability, then I can make the motion ahead of time. Your written statement would be treated as an
attorney statement made in the course of confidential plea discussions and related negotiations, and would be
governed by Fed. R. Crim. P. 11(0 and Fed. R. Evid. 410.
A. Marie Wolin
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 3340]
Phone 561 209-1047
Fax 561 820-8777
From: Brendan White [mailto:brendan@whiwhl.com]
Sent: Monday, June 23, 2008 1:45 PM
To: Villafana, Ann Marie C. (USAFLS)
Cc Ball, Shawn (USAFLS)
Subject: Re: Grand Jury Appearance
We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an
order of immunity. Please let me know if that is correct so I can advise Ms. Lacerda. Thanks.
Brendan White 08-80736-CV-MARRA P-014991
99
EXHIBIT B-I34
EFTA00225385
— Original Message ---
From: Villafana. Arm Marie C. (USAFLS1
To: Brendan White
Cc: Ball Shawn (USARSI
Sent: Monday, June 23, 2008 11:27 AM
Subject: Grand Jury Appearance
Dear Mr. White:
Ms. Lacerda will need to appear before the grand jury on July 1m to give testimony. Please contact my
assistant, Shawn Ball, at 561 820-8711, ext. 3037, to make travel arrangements. I expect that Ms. Lacerda's
testimony will begin either in the late morning or early afternoon, but she should be available for the whole
day.
Thank you.
A. Marie Villafaiia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
08-80736-CV-MARRA P-014992
l's
EFTA00225386
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Thursday, June 26, 2008 10:55 AM
To: Brendan White
Subject: RE: Grand Jury Appearance
Dear Mr. White:
If Mr. Epstein enters a guilty plea in accordance with that agreement on Monday, then the subpoena will be
withdrawn. At this point, I have not received confirmation that the change of plea is going to occur, nor have I
received information confirming that the plea will be in conformance with our agreement. As such, at this time,
1 still intend to present Ms. Lacerda's testimony to the grand jury on Tuesday. With respect to the immunity
question, I refer you to my e-mail of June 2314, which is shown below.
If the situation changes, I will contact you.
Thank you.
A. Marie Villafaiia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Brendan White [mailto:brendan@whiwhl.com]
Sent: Thursday, June 26, 2008 10:38 AM
To: Villafana, Ann Marie C. (USAFLS)
Subject: Re: Grand Jury Appearance
Dear Ms. Villafana:
I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in
Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been
executed. Since this would seem to obviate any need for Ms. Lacerda to testify, please let me know what is going on with
respect to this Tuesday. Do we still need to come down there and, if so, will she receive court-ordered
immunity? Thanks.
Brendan White
--- Original Message ---
From: Villafana. AM Marie C. (USAFLS).
To: Brendan White
Sent: Monday, June 23, 2008 2:09 PM
Subject: RE: Grand Jury Appearance
Dear Mr. White:
Please feel free to make your own travel arrangements, but if you would like Ms. Lacerda's travel costs to be
reimbursed, they must be made through the government's approved agency on the approved carriers.
08-80736-CV-MARRA P-014993
101
EFTA00225387
Regarding the immunity, at this point, without a written proffer from you regarding the substance of her
anticipated testimony, I believe that the more prudent course will be to question Ms. Lacerda to determine the
limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide me
with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to
criminal liability, then f can make the motion ahead of time. Your written statement would be treated as an
attorney statement made in the course of confidential plea discussions and related negotiations, and would be
governed by Fed. R. Crim. P. 11(0 and Fed. R. Evid. 410.
A. Marie Villafalla
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Brendan White [rnailto:brendan@whiwhl.com]
Sent: Monday, June 23, 2008 1:45 PM
To: Villafana, Ann Made C. (USAFIS)
Cc: Ball, Shawn (USAFLS)
Subject: Re: Grand Jury Appearance
We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an
order of immunity. Please let me know if that is correct so I can advise Ms. Lacerda. Thanks.
Brendan White
Original Message --
From: Villifena. Ann Mane C. (USAFLS) N t
To: Brendan White
Cc: Ball, Shawn (USAFLS)
Sent: Monday, June 23, 2008 11:27 AM
Subject: Grand Jury Appearance
Dear Mr. White:
Ms. Lacerda will need to appear before the grand jury on July In to give testimony. Please contact my
assistant, Shawn Ball, at 561 820-8711, ext. 3037, to make travel arrangements. I expect that Ms. Lacerda's
testimony will begin either in the late morning or early afternoon, but she should be available for the whole
day.
Thank you.
A. Marie Villafafia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
08-80736-CV-MARRA P-014994
102
EFTA00225388
I I Fax 561 820-8777
08-80736-CV-MARRA P-014995
103
EFTA00225389
Villafana, Ann Marie C. (USAFLS)
From: Brendan White
Sent: Thursday, June 26, 2008 11:26 AM
To: Villafana, Ann Marie C. (USAFLS)
Subject: Re: Grand Jury Appearance
Thanks.
---- Original Message ---
From: Villafana. Anny.Matie C. (USAFLS) •
To: Brendan White
Sent: Thursday, June 26, 2008 10:55 AM
Subject: RE: Grand Jury Appearance
Dear Mr. White:
If Mr. Epstein enters a guilty plea in accordance with that agreement on Monday, then the subpoena will be
withdrawn. At this point, 1 have not received confirmation that the change of plea is going to occur, nor have I
received information confirming that the plea will be in conformance with our agreement. As such, at this
time, I still intend to present Ms. Lacerda's testimony to the grand jury on Tuesday. With respect to the
immunity question, I refer you to my e-mail of June 23rd, which is shown below.
If the situation changes, I will contact you.
Thank you.
A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Brendan White [mailto:brendan@whiwhi.com]
Sent: Thursday, June 26, 2008 10:38 AM
To: Villafana, Ann Marie C. (USAFLS)
Subject: Re: Grand Jury Appearance
Dear Ms. Villafana:
I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in
Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been
executed. Since this would seem to obviate any need for Ms. Lacerda to testify, please let me know what is going on
with respect to this Tuesday. Do we still need to come down there and, if so, will she receive court-ordered
immunity? Thanks.
Brendan White
-- Original Message --
From: Villafana, Ann Marie C. (USAFLS1
To: Brendan White
Sent: Monday, June 23, 2008 2:09 PM
Subject: RE: Grand Jury Appearance 08-80736-CV-MARRA P-014996
104
EFTA00225390
Dear Mr. White:
Please feel free to make your own travel arrangements, but if you would like Ms. Lacerda's travel costs to be
reimbursed, they must be made through the government's approved agency on the approved carriers.
Regarding the immunity, at this point, without a written proffer from you regarding the substance of her
anticipated testimony, I believe that the more prudent course will be to question Ms. Lacerda to determine the
limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide
me with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to
criminal liability, then I can make the motion ahead of time. Your written statement would be treated as an
attorney statement made in the course of confidential plea discussions and related negotiations, and would be
governed by Fed. R. Crim. P. 11(1) and Fed. R. Evid. 410.
A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Brendan White [mallto:brendan@whiwhi.com)
Sent: Monday, June 23, 2008 1:45 PM
To: VIllafana, Ann Marie C. (USAFLS)
Cc: Ball, Shawn (USAFLS)
Subject: Re: Grand Jury Appearance
We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an
order of immunity. Please let me know if that is correct so I can advise Ms. Lacerda. Thanks.
Brendan White
— Original Message ---
Villarana, Ann Marie C. (USAFLS) A*.
To: Brendan White
Cc: Ball. Shawn (USAFLS)
Sent: Monday, June 23, 2008 11:27 AM
Subject: Grand Jury Appearance
Dear Mr. White:
Ms. Lacerda will need to appear before the grand jury on July 1St to give testimony. Please contact my
assistant, Shawn Ball, at 561 820-8711, ext. 3037, to make travel arrangements. I expect that Ms. Lacerda's
testimony will begin either in the late morning or early afternoon, but she should be available for the whole
day.
Thank you.
A. Marie Villafafla
Assistant U.S. Attorney
08-80736-CV-MARRA P-014997
10$
EFTA00225391
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
08-80736-CV-MARRA P-014998
106
EFTA00225392
Villafana, Ann Marie C. (USAFLS)
From: Brendan White
Sent: Thursday, June 26, 2008 3:00 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject: Re: Grand Jury Appearance
I've learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning. In understand, of
course, that you need confirmation of this before withdrawing the subpoena, but it might make logistical sense to consider
putting the contingent appearance off for another week at this point, to avoid our having to make an unnecessary trip to
Florida. Although I am confident that things will proceed as scheduled, should there be a problem, we would then be able
to appear at a later date.
Brendan White
Original Message ---
FrcimiVillafand: ArineMorie,C. tUSAR.S1.4. .
To: Brendan White
Sent: Thursday, June 26, 2008 10:55 AM
Subject: RE: Grand Jury Appearance
Dear Mr. White:
If Mr. Epstein enters a guilty plea in accordance with that agreement on Monday, then the subpoena will be
withdrawn. At this point, I have not received confirmation that the change of plea is going to occur, nor have I
received information confirming that the plea will be in conformance with our agreement. As such, at this
time, 1 still intend to present Ms. Lacerda's testimony to the grand jury on Tuesday. With respect to the
immunity question, I refer you to my e-mail of June 23Id, which is shown below.
If the situation changes, I will contact you.
Thank you.
A. Marie Villafafla
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Brendan White (mallto:brendan@whiwhi.com)
Sent: Thursday, June 26, 2008 10:38 AM
To: Villafana, Ann Marie C. (USAFLS)
Subject: Re: Grand Jury Appearance
Dear Ms. Villafana:
I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in
Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been
executed. Since this would seem to obviate any need for Ms. Lacerda to testify, please let me know what is going on
with respect to this Tuesday. Do we still need to come down there and, if so, will she receive court-ordered
immunity? Thanks.
08-80736-CV-MARRA P-014999
109
EFTA00225393
Brendan White
-- Original Message --
;From: Villafana, Ann Marie.C. fUSAFLSI
To: prendan White
Sent: Monday, June 23, 2008 2:09 PM
Subject: RE: Grand Jury Appearance
Dear Mr. White:
Please feel free to make your own travel arrangements, but if you would like Ms. Lacerda's travel costs to be
reimbursed, they must be made through the government's approved agency on the approved carriers.
Regarding the immunity, at this point, without a written proffer from you regarding the substance of her
anticipated testimony, I believe that the more prudent course will be to question Ms. Lacerda to determine the
limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide
me with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to
criminal liability, then 1can make the motion ahead of time. Your written statement would be treated as an
attorney statement made in the course of confidential plea discussions and related negotiations, and would be
governed by Fed. R. Crim. P. 11(0 and Fed. R. Evid. 410.
A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Brendan White imallto:brendanOwhlwhl.com]
Sent: Monday, June 23, 2008 1:45 PM
To: Villafana, Ann Marie C. (USAFLS)
Cc: Ball, Shawn (USAFLS)
Subject: Re: Grand Jury Appearance
We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an
order of immunity. Please let me knoie if that is correct so I can advise Ms. Lacerda. Thanks.
Brendan White
-- Original Message -
From: Villeanie. Ann Mile C. (USAFISI k t •
To: Brendan White
Cc: Ball. Shawn fUSAFLS)
Sent: Monday, June 23, 2008 11:27 AM
Subject: Grand Jury Appearance
Dear Mr. White:
Ms. Lacerda will need to appear before the grand jury on July 1st to give testimony. Please contact my
assistant, Shawn Ball, at 561 820-8711, ext. 3037, to make travel arrangements. I expect that Ms. Lacerda's
testimony will begin either in the late morning or early afternoon, but she should be available for the whole
day.
Thank you. 08-80736-CV-MARRA P-015000
110
EFTA00225394
A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
4+,
08-80736-CV-MARRA P-015001
111
EFTA00225395
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Thursday, June 26, 2008 6:41 PM
To: Brendan White
Subject: RE: Grand Jury Appearance
Dear Mr. White:
I have not received any such confirmation. At this time, we are still on for July 1m. I recommend that you make
your travel plans for Monday afternoon or evening and if things change, I will call you right away.
Thank you.
A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Brendan White [mailto:brendan@whiwhi.com]
Sent: Thursday, June 26, 2008 3:00 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject: Re: Grand Jury Appearance
I've learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning. In understand, of
course, that you need confirmation of this before withdrawing the subpoena, but it might make logistical sense to consider
pulling the contingent appearance off for another week at this point, to avoid our having to make an unnecessary trip to
Florida. Although I am confident that things will proceed as scheduled, should there be a problem, we would then be able
to appear at a later date.
Brendan White
---- Original Message ----
FrormtVillefina, Aim Marie C. (USAE.LSr:.:
To: Brendan White
Sent: Thursday, June 26, 200810:55 AM
Subject: RE: Grand Jury Appearance
Dear Mr. White:
If Mr. Epstein enters a guilty plea in accordance with that agreement on Monday, then the subpoena will be
withdrawn. At this point, I have not received confirmation that the change of plea is going to occur, nor have I
received information confirming that the plea will be in conformance with our agreement. As such, at this
time, I still intend to present Ms. Lacerda's testimony to the grand jury on Tuesday. With respect to the
immunity question, I refer you to my e-mail of June 23id, which is shown below.
If the situation changes, I will contact you.
Thank you.
08-80736-CV-MARRA P-015002
112
EFTA00225396
A. Marie Villain&
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Brendan White [malito:brendan@whlwhl.com]
Sent: Thursday, June 26, 2008 10:38 AM
To: Vlllafana, Ann Marie C. (USAFLS)
Subject: Re: Grand Jury Appearance
Dear Ms. Villafana:
I understand that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in
Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been
executed. Since this would seem to obviate any need for Ms. Lacerda to testify, please let me know what is going on
with respect to this Tuesday. Do we still need to come down there and, if so, will she receive court-ordered
immunity? Thanks.
Brendan White
Original Message --
Freim: Vil Ana &Wert (USAFLS)
To: Brendan White
Sent: Monday, June 23, 2008 2:09 PM
Subject: RE: Grand Jury Appearance
Dear Mr. White:
Please feel free to make your own travel arrangements, but if you would like Ms. Lacerda's travel costs to be
reimbursed, they must be made through the government's approved agency on the approved carriers.
Regarding the immunity, at this point, without a written proffer from you regarding the substance of her
anticipated testimony, I believe that the more prudent course will be to question Ms. Lacerda to determine the
limits of her Fifth Amendment exposure and, if necessary, to apply to the Court at that time. If you provide
me with a written proffer that summarizes her anticipated testimony and explains how she will be exposed to
criminal liability, then I can make tte motion ahead of time. Your written statement would be treated as an
attorney statement made in the course of confidential plea discussions and related negotiations, and would be
governed by Fed. R. Crim. P. 11(0 and Fed. R. Evid. 410.
A. Marie Villafafia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
From: Brendan White (mailto:brendan@whiwhi.com]
Sent: Monday, June 23, 2008 1:45 PM
To: Villafana, Ann Marie C. (USAFLS)
Cc: Ball, Shawn (USAFLS)
Subject: Re: Grand Jury Appearance
08-80736-CV-MARRA P-015003
113
EFTA00225397
We will be there, and I will make the travel arrangements. I am assuming that this will be done in connection with an
order of immunity. Please let me know if that is correct so I can advise Ms. Lacerda. Thanks.
Brendan White
---- Original Message ---
From: Villafana, Ann Marie C. (USAFLS)
To: Brendan White
Cc: Ball, Shawn (USAFLS)
Sent: Monday, June 23, 200811:27 AM
Subject: Grand Jury Appearance
Dear Mr. White:
Ms. Lacerda will need to appear before the grand jury on July l g to give testimony. Please contact my
assistant, Shawn Ball, at 561 820-8711, ext. 3037, to make travel arrangements. 1 expect that Ms. Lacerda's
testimony will begin either in the late morning or early afternoon, but she should be available for the whole
day.
Thank you.
A. Marie Villajaiia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
08-80736-CV-MARRA P-015004
114
EFTA00225398
Villafana, Ann Marie C. (USAFLS)
From: Brendan White [brendan@whiwhi.com)
Sent: Monday. June 30. 2008 11:20 AM
To: Villafana, Ann Marie C. (USAFLS)
Subject: Re: Cancellation of Grand Jury Appearance
Thank you for letting me know. I will inform Ms. Lacerda.
Brendan
-- Original Message ---
From: Villafana. Ann Marie C. (USAFLS)
To: Brendan White
Cc: Ball. Shawn (USAFLS)
Sent: Monday, June 30, 2008 10:59 AM
Subject: Cancellation of Grand Jury Appearance
Dear Mr. White: At this time, the subpoena of Ms. Lacerda is withdrawn. If that should change, I will contact
you.
A. Mark Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
EXHIBIT B-135
753
EFTA00225399
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Thursday, January 31, 2008 7:33 PM
To: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS)
Subject: Epstein
Hi Jeff and Alex — We just finished interviewing three of the girls. I wish you could have been there to see how
much this has affected them.
One girl broke down sobbing so that we had to stop the interview twice within a 20 minute span. She regained
her composure enough to continue a short time, but she said that she was having nightmares about Epstein
coming after her and she started to break down again, so we stopped the interview.
The second girl, who has a baby girl of her own, told us that she was very upset about the 18 month deal she
had read about in the paper. She said that 18 months was nothing and that she had heard that the girls could get
restitution, but she would rather not get any money and have Epstein spend a significant time in jail.
The FBI's victim-witness coordinator attended and she has arranged for counseling for several of the girls.
Please reach out to Alice to make her decision. These girls deserve so much better than they have received so
far, and I hate feeling that there is nothing I can do to help them.
We have four more girls coming in tomorrow. Can I persuade you to attend?
A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
Tracking: EXHIBIT
1779
08-80736-CV-MARRA P-014573
EFTA00225400
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Wednesday, March 19. 2008 2:30 PM
To: Weinstein, David (USAFLS)
Subject: RE: Epstein update
Why is this allowed to continue? Al least put us out of our misery quickly if that is what is going to happen!
A. Marie lillaleala
Assistant 11.5. Attorney
500 S. Australian Ave. Suite 400
West Palm Beach. FL 33401
Phone 56 I 209-I 047
Fax 561 820-8777
From: Weinstein, David (USAFLS)
Sent: Wednesday, March 19, 2008 2:29 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject: RE: Epstein update
Thank you for silently keeping me in the loop.
Outrageous.
From: Villafana, Ann Marie C. (USAFLS)
Sent: Wednesday, March 19, 2008 2:16 PM
To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS)
Cc: Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS)
Subject: Epstein update
Hi Jeff and Bob — I am hoping that you have an update from Drew. I wanted to fill you in on recent events.
Yesterday we did the first half of the grand jury presentation on the indictment. Many of the grand jurors
expressed thanks for our return. After a break as 1 walked into the room, I overheard one juror telling another
that he had been concerned that we were going to "whitewash" this case and not charge it.
Epstein's lawyers arc using the civil lawsuits as an excuse to harass a number of the victims. One girl, who is a
scholarship student at a local university, was hauled into the Dean of Students office to be served with a
subpoena for a deposition. It is scheduled for Monday.
A national crime victims service organization has received a grant from the Justice Department to provide legal
representation to victims. They have agreed to provide counsel for our victims. The only problem is that the
lawyers are located in Maryland. But they will try to find pro bono lawyers here to help out.
I also told Bob that one of our victims tried to commit suicide last week. The FBI's victim-witness coordinator
is doing her best to get counseling for all of our needy victims, but I just can't stress enough how important it is
1315
EX1IIBIT C-2
08-80736-CV-MARRA P-014781
EFTA00225401
for these girls to have a resolution in this case. The "please be patient" answer is really wearing thin, especially
when Epstein's group is still on the attack while we are forced to wait on the sidelines.
Your guidance is needed.
Thank you.
A. Marie Yillafalia
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL. 33401
Phone 561 209-1047
Fax 561 820-8777
1316
08-80736-CV-MARRA P-014782
EFTA00225402
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Wednesday, March 19, 2008 4:34 PM
To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); Garcia,
Rolando (USAFLS)
Cc: Kuyrkendall, E N.
Subject: Victim Subpoena
Ili everyone — I just spoke with the subpoenaed victim. The subpoena was issued in connection with the state
criminal case, which, as you know, doesn't involve most of the victims in our case (including the girl who was
subpoenaed). The state attorney's office told us from the beginning that their case has been resolved. He is
going to plead to the solicitation of adults for prostitution charge, so this seems to be a clear effort to find out
about our case through the state case.
A. Marie Villain
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
Phone 561 209-1047
Fax 561 820-8777
Tracking:
1313 EXHIBIT C-3
08-80736-CV-MARRA P-014783
EFTA00225403
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Saturday, March 22, 2008 8:51 PM
To: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS)
Cc: Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS)
Subject: Epstein
Hi all - So sorry to bother you on a Saturday, but I am hoping that I can persuade you to reach out to Drew
about Epstein's investigators harassing the girls. Nesbitt received a frantic call today about Epstein's
investigators bothering the parents of one of the victims. According to the victim, he demanded to see the
victim and when he saw her, he told the victim that they had video of the girl and were planning to put it on the
internet. We don't believe that Epstein actually has video of any of the girls, and Nesbitt has calmed the girl
down, but this activity seems to be getting more aggressive. Remember also that Epstein is using the state
criminal case to subpoena depositions of victims in the federal case (who are not part of the state indictment) to
get information about our investigation. These actions do not seem consistent with what Epstein's attorneys are
supposed to be trying to work out with Drew in DC. Any chance Drew will ask Epstein's people to call off
their dogs until he makes his decision?
4. Marie Villafana
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
Tracking:
1256
08-80736-CV-MARRA P-014790
EFTA00225404
Villafana, Ann Marie C. (USAFLS)
From: Villafana, Ann Marie C. (USAFLS)
Sent: Saturday, March 22, 2008 9:43 PM
To: Kuyrkendall, E N.
Subject: Message from Jeff
Hi Nesbitt — I contacted Jeff and Bob about the harassment issue and Jeff also recommended calling the police.
When Twiler calls on Monday can she provide the non-emergency police numbers for the local police
departments where the girls are located and ask them to call the police directly if they are getting harassed? I
think we should be documenting this stuff with someone other than you.
Thank you.
A. Marie Mal-aft
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
1248
08-80736-CV-MARRA P-014795
EFTA00225405
Villafana, Ann Marie C. (USAFLS)
From: Atkinson, Karen (USAFLS)
Sent:
DataSet-10
Unknown
35 pages
Page 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
IN RE: OPERATION LEAP YEAR
Federal Grand Jury, 07-103
West Palm Beach, Florida
May 8, 2007
APPEARANCES:
ESQUIRE
Assistant United States Attorney
JOSETTE JONES-PARSONS, Foreperson
TESTIMONY
OF
Exhibit 24
EFTA00224005
n 2
1 The sworn testimony of
2 was taken before the Federal Grand Jury, West Palm
Beach Division, West Palm Beach, Palm Beach County,
4 State of Florida, on the 8th day of May, 2007.
5 Philip W. May, Court Reporter, was authorized to
6 and did report the sworn testimony.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
EFTA00224006
Page 3
(The witness entered the grand jury room.)
3 having peen auiy sworn py cne grana jury coreperson,
was examined and testified on her oath as follows:
5 EXAMINATION
6 BY MS.
•
7 Q Could you start by reminding us of your name and
8 where you're employed.
9
wor or es
Palm Beach on their violent crimes squad.
And you are one of the case agents in Operation
3 Leap Year?
14 A Yes, I am.
• Did you recently participate in an interview of
A Yes.
• Can you tell us date of birth?
:9 A was born on
20 Q And you spoke with her recently''
21 A Yes, we did.
22 Q So she was 18 at the time of the interview?
23 A Yes, I believe she was.
24 Q Who is
25 A /as identified by the Palm Beach
EFTA00224007
Page 4
1 Police Department as one of the girls who had frequented
2 Mr. Epstein's house.
3 Q How exactly did the Palm Beach Police Department
4 determine that she was one of those girls?
5 A When they did their search warrant at
6 Mr. Epstein's residence, some message pads were obtained
7 at his residence, and they had several calls from a girl
8 named and phone numbers. So they were able to
9 track back those messages back to
10 Q Did the Palm Beach Police Department try to
11 interview Miss
12 A They did.
13 Did she agree to speak with them?
14 A No. She stated that she loved Jeffrey Epstein,
15 and that she would not say anything positive or negative
16 about what occurred.
17 After the FBI became involved in this
18 investigation, did you try to interview
19 A we did, as well, with no such luck, as well.
20 How long ago was it that you first made contact
21 with Miss
22 A It was back in November of '06.
23 Did you try to serve her with a subpoena issued
24 on behalf of this grand jury?
25 A Yes, we did.
EFTA00224008
Page 5
1 Q What happened?
2 A She refused service of the grand jury subpoena.
3 But she was notified of when her appearance was expected
4 here, and a subpoena was left with her.
5 Q After that, did she obtain an attorney?
6 A Yes, she did.
7 Q Who was that?
8 A Jim Eisenberg. He's a well-known defense
9 attorney here in West Palm Beach.
10 Q Who paid for that attorney?
11 A Mr. Epstein is paying for MU attorney.
12 Q Now once Miss secured the attorney, did
13 she agree to be interviewed?
14 A Yes, she did, after she was granted 6001
15 immunity. She requested immunity.
16 Q Did the justice department authorize that grant
17 of immunity?
18 A Yes, they did.
19 Q After that, did she agree to be interviewed?
20 A Yeah. It was only after she was given that
21 immunity that she would talk with us.
22 Q When did the interview take place?
23 A It took place at the end of April of this year,
24 so just a few weeks ago.
25 Q Who was present at that interview?
EFTA00224009
Page 6
A Myself; my partner, agent the AUSA,
2 her attorney, Jim Eisenberg, and his
investigator; as well as
4 Q what did Miss tell you about Jeffrey
5 Epstein?
6 A She stated that she had met an individual by the
7 name of at a party who had asked her if she
8 wanted to make a few bucks by giving a man a massage. She
9 was told that Mr. Epstein preferred them to be topless,
10 and she agreed to go to his house to give him a massage.
11 Q How old did Miss tell you she was at that
12 time?
13 A She stated she was 16 when she first started
14 giving Mr. Epstein massages.
15 Q Based upon your review of the evidence, is that
16 correct?
17 A No. We have phone records where
18 (phonetic), Mr. Epstein's assistant, is contacting
19 on her cell phone, or using her cell phone to call
20 cell phone starting in April of 2004, which makes
21 15.
22 Q So she said that she was 16, but your evidence
23 shows that she was 15, and she said that she was told she
24 could make a few bucks giving a topless massage?
25 A Yes.
EFTA00224010
Page 7
1 Q What else did Miss tell you?
2 A That she went to Mr. Epstein's residence, that
3 took her there the first time, that when she went
upstairs she was paid $200 when she first got there by
Then she goes upstairs, and Mr. Epstein
6 comes in, he disrobes, puts on a towel, lays down on the
7 massage table and she begins to massage him.
8 She tells Epstein that she heard he likes
9 topless massages, and he told her that he did. And she
10 said, "Who wouldn't?" And she ended up taking off her top
11. during the first massage. But is clear that Mr.
12 Epstein did not at any point touch her during the massage.
13 Q But does she admit that he touched himself?
:4 A Yes. On the second massage, Mr. Epstein asked
15 her to leave her phone number with Her phone number
16 was left there. On the second massage, she returned the
17 very next day and gave him another massage. This time,
18 Mr. Epstein masturbated in front of her.
19 Q Did Miss■ admit that he masturbated on
20 more than one occasion in her presence?
21 A Yes, masturbated. And I think her term was that
22 he "released," meaning that he ejaculated.
23 Q How long of a period of time did Miss
24 tell you that she performed massages?
25 A She wasn't able to give us a number of massages,
EFTA00224011
Page 8
but just said that it was a lot, and that she had been
2 giving him massages for a year.
3 Q You mentioned to the grand jury that Miss
4 said that Mr. Epstein never touched her, correct?
5 A Yes.
6 Q And she was very adamant about that?
7 A Yes, she was.
8 Q Were there other things that she was adamant
9 about in her interview with you?
10 A Well, she talked about what she would tell the
11 girls that -- and that she told Mr. Epstein that she was
12 18. I'm sorry, I take that back. She was told to say
13 that she was 18, and she told us that she had a fake I.D.
14 showing that she was 18.
15 So she passed that information along to the
16 other girls when she brought -- eventually she brought
17 other girls to perform massages, and that was one of the
18 things that she told -- she told us first that she brought
19 18- to 20-year old girls. And then she stated that if the
20 girls lied, and they were underage, she told them that
21 they needed to tell Epstein that they were 18.
22 Q Have you been able to identify some of the girls
23 that Miss brought to Mr. Epstein's home?
24 A Yes.
25 Q Were any of those girls over 18?
EFTA00224012
Page 9
1 A No, not that we found so far.
2 Q Have any of the girls told investigators about
3 what Mr. Epstein knew about their ages?
4 A I'm sorry, say that again.
5 Q Have any of the girls who came through
6 been interviewed about what Mr. Epstein knew about
7 their ages?
8 A We did interview them regarding that, and I'm
9 not sure if he asked them. They were all told to say they
10 were 18, but not on every occasion would Mr. Epstein
11 inquire about their age.
12 Q Do you want to check your records on that?
13 A Yes, could I do that?
14 Q Yes, please do.
15 A I can tell you that one of the girls that she
:6 brought -- this girl told Mr. Epstein that she was in high
17 school, and actually told him her true age, which was
18 under 18.
19 Q So what told you about, that wasn't
20 really the case?
21 A No, that wasn't. Sorry.
22 Q That's all right, I just wanted to make sure
23 it's clear.
24 So Miss told you that she had been told
25 to say she was 18, and she also told you that she had a
EFTA00224013
Page 10
1 fake I.D.?
2 A Yes.
3 Q Did she ever say that Mr. Epstein either asked
4 for her age or asked to see her I.D.?
5 A No, the topic never came up.
6 Q Did you also ask her about how appointments were
7 made?
8 A Yes. She was very clear in the fact that
9 would call her to arrange the appointments, but
10 that would call her once Jeffrey was in town.
11 Q So she was adamant that the calls only happened
12 when she was already here?
13 A Yes.
14 Q Were you made aware that Epstein's counsel was
15 informed that he was being investigated for traveling to
16 engage in prostitution, which means that the appointments
17 would have been made before the traveling?
18 A Yes.
19 Q Was there anything else, besides the issue of
20 age and the issue of when the appointments were made, that
21 sounded coached or that she was especially adamant about?
22 A No, I wouldn't say coached. I mean, we talked
23 about the preferences that Jeffrey discussed, as far as
24 which girls he would like to bring.
25 Once started giving massages to Epstein,
EFTA00224014
Page 11
1 told us that he liked different faces, so he would
2 ask her to bring other girls. We asked her if he ever
3 gave any preferences of what he preferred, and her
4 response was that Epstein liked girls like her, which is
5 thin and blond and attractive.
6 Q And how old was she at the time?
7 A She was 15.
8 Q So thin, blonde, attractive and --
9 A Young, girls like her. I guess we asked if she
10 ever made a mistake, or ever brought somebody that Mr.
11 Epstein didn't take to. She said that she had screwed up
12 and that she had brought a black girl to Mr. Epstein, and
13 that Epstein was not interested in black girls. But he
14 did pay her, and said that he wasn't a racist. He paid
15 her the $200 for her time, but did not want her to perform
16 a massage for him.
17 Q And he didn't allow that girl to perform a
18 massage?
19 A No.
20 Q Was there anything else that Miss talked
21 about in the interview that you want to share with the
22 grand jury?
23 A I did ask her at the end of the interview if she
24 was in love with Mr. Epstein. She looked into the camera
25 and said that she loved him like a friend. But then she
EFTA00224015
Page 12
1 kind of looked into the camera and gave a wink and a smile
2 and said, "But with your money, I'd marry you any time,
3 Jeffrey."
4 Q Did she also say that she considered him to be
5 an "awesome guy"?
6 A Several times she referred to him as an "awesome
7 guy". She said that the girls begged her to come and that
8 the girls didn't have a complaint, and the girls would
9 share with her everything that happened after the massage,
10 and that Jeffrey never touched any of the girls. But as
11 informed you, we did interview some of the girls that she
12 took, and he has touched them.
13 • In preparation for your testimony today, did you
14 also speak with someone who is considered to be an expert
15 in these cases?
16 A Yes.
17 And what is that person's name?
18 A Ken Canning.
19 Q Has Mr. Canning been qualified to testify as an
20 expert in federal and state courts in cases that involve
21 what he calls "compliant victims"?
22 A Yes.
23 • What does he mean by the term "compliant
24 victims"?
25 A A compliant victim is when a victim is not
EFTA00224016
Page 13
1 necessarily forced into the conduct that the offender
2 wants them to engage into, that they actually consent to
3 that kind of activity.
4 Q So that would include minors who are subjected
5 to sexual activity but weren't necessarily kidnapped or
6 forced at gunpoint, or something like that?
7 A Exactly.
8 Q Did he discuss with you the difficulties that
9 exist when you interview those types of victims?
10 A Yes. He stated that a compliant victim is often
11 times embarrassed that they went along with the behavior.
12 They are also likely to deny the behavior, especially when
13 being interviewed by investigators, that they'll deny it
14 or they'll minimize it. Sometimes it takes two, three or
15 multiple interviews to get compliant victims to either
16 trust their interviewer or realize that their interviewer
17 is not going to be judgemental.
18 Q In this case, have you found that to be the case
19 with some of the interviews?
20 A Yes, I have.
21 Q In addition to being embarrassed, sometimes
22 these victims feel guilty about the fact that they were
23 involved in this type of activity?
24 A Oh, yes.
25 Q Does Mr. Lanning also have expertise in sexual
EFTA00224017
Page 14
1 preference of offenders?
2 A Yes, he does.
3 Q Did he explain why an offender would select the
4 types of victims that are involved in this case, girls
5 between 14 and 17-years-old?
6 A This type of offender, the sexual preference he
7 has is for post-pubescent females that are physically
8 developed but not necessarily mentally matured. The girls
9 ranging in this age are sometimes inexperienced, they are
10 possibly naive, not as worldly.
11 An offender of this type could also maybe not
'2 feel sexually adequate or feel competent dealing with his
13 own age group. So knowing that these girls are less
:4 experienced, may focus on them as well.
15 Q In addition to their emotional immaturity, did
16 Mr. Lanning talk about whether or not younger girls are
17 easier to manipulate than grown women?
18 A Yes.
19 Q Did he talk to you about "grooming•?
20 A Yeah. That's what an offender will use with a
21 compliant victim. He told us that grooming is a technique
22 where you gain the cooperation of those victims by
23 focusing on their interests and playing up to those
24 interests. It's a type of seduction, he called it. That
25 was his words for it. And we actually see this in this
EFTA00224018
Page 15
1 case.
2 Q Can you give us an example of some of the types
3 of grooming that Mr. Epstein used?
4 A With one of the girls we're going to talk about
5 today, , it's very apparent interviewing her how
6 Epstein groomed her. She only went to three or four
7 massages at this time, that she's admitted to. We feel
8 that due to her phone conversations, the multiple calls,
9 that there may be more there. At this point she has
10 stated to us that she has performed three or four massages
11 for Mr. Epstein.
12 what he did is when she first went there he
13 played upon -- she was very shy, and he would play upon
14 that shyness. He told her that she was pretty. He asked
15 her to remove her clothing, and she would not. So he kind
:6 of kidded around with her shyness and complimented her,
17 showed interest in her, talked about her boyfriend and
18 different interests she had.
19 At the end of that interview, because she did
20 not take off her clothes, he tells her that if she's
21 willing to do more, she will make more. He also tells her
22 that he would pay her if she would bring other girls. As
23 the massages increased, you can see that the next time she
24 comes he plays again to that shyness, but he gets a
little
25 bit more -- I guess he sees that it's not
working. This
EFTA00224019
Page 16
1 time she does comply and takes off her he asked her to
2 disrobe on the second massage. She takes off her blouse,
3 but she refuses to take off the bra after Mr. Epstein
4 asked her to.
5 So you can see that he tries through showing
6 interest. And then he actually -- when he sees that this
7 isn't working, he takes a more authoritative role with her
8 in the last massage. She said that throughout all of
9 these massages he was very nice, and then at the end he
10 was much more frustrated and irritated. She does get down
11 to her bra and panties on that one, he's just much
12 more authoritative.
13 So he started with the grooming process, tried
14 to get her interest, tried to use that to get her to
15 comply with removing her clothes. But as often happens,
16 at the end of this, he took over and was much more
17 forceful with his requests.
18 Q Have other girls described that same situation
19 where every time they went back, he tried to push it one
20 step further and one step further?
21 A Yes. Several of the girls have said that he
22 would always push for more and more.
23 Q Did Mr. Lanning explain why it is that a
24 compliant child victim cannot legally consent to
the
25 sexual conduct?
EFTA00224020
Page 17
1 A Yeah. He stated that -- you know, we talked
2 about how the law protects children, and stated that we
3 hold adults accountable. When it comes to adolescents,
4 they go through normal tendencies that mature offenders
5 may try to take advantage of. But the law is in place for
6 that reason, to protect -- in the federal law, to protect
7 those individuals under the age of 18.
8 Q And that's because of the different maturity
9 levels of the --
10 A The offender versus the victims, exactly.
11 Q Did you put together the photographs of the
12 defendants in this case?
13 A Yes, I did.
14 Q Are these photographs of the four human
15 defendants who are named in the proposed indictment?
16 A Yes.
17 Q With their names underneath them?
18 A Yes.
19 Q Agent, who is in the top left-hand corner?
20 A That's Jeffrey Epstein.
21 Q When was this photograph taken?
22 A Recently. There was an article that just came
23 out regarding Mr. Epstein and his connection, or his
24 personal relationship with Prince Andrew, and that was a
25 picture that was in that article.
EFTA00224021
Page 18
1 Q Who is in the top right-hand corner?
2 A That's
Q Again, this is a relatively recent photograph?
4 A Yes, that's his personal assistant.
Q And the bottom left-hand corner?
A Again, that is one of Mr. Epstein's personal
7 assistants, that's (phonetic).
8 Q Has Miss since gotten married?
9 A Yes, her name now is
10 Q And the bottom right-hand corner?
11 A That is She is, again, a
12 personal assistant to Mr. Epstein. There has been some
13 talk that she is also romantically -- or I should say
14 sexually involved with Mr. Epstein.
15 Q How old are the defendants?
16 A Jeffrey is in his mid-fifties, and the three
17 girls are in their early twenties.
18 Q Do you have a copy of the draft indictment in
19 front of you?
20 A Yes, I do.
21 Q You mentioned when we were looking at the
22 photographs that the three females work as personal
23 assistants for Mr. Epstein, is that correct?
24 A Yes.
25 Q So he is their employer?
EFTA00224022
Page 19
1 A Yes.
2 Q Are you familiar with the property located at
3 358 El Brillo Way in Palm Beach?
4 A That's Mr. Epstein residence.
5 Q And he owns that residence?
6 A Yes, he does.
Q Are you familiar with Defendant J.E.G.E., Inc.?
8 A Yes. J.E.G.E., Inc. is owned by Jeffrey
9 Epstein. He is the president, the owner, the sole
10 director. It's a business that is solely used for the
11 activities of one of Mr. Epstein's airplanes, which is his
12 Boeing 727. Its tail number is N908JE.
13 Q And you mentioned that he is the president and
14 the sole director. Is he also the sole shareholder?
15 A Yes, he is.
16 Q Are you familiar with Hyperion Air, Inc.?
17 A Yes. Hyperion Air, Inc. is also a business
18 owned by Mr. Epstein. He is also the president, the
19 director and the sole shareholder of that company as well.
20 That company solely does business with his other aircraft,
21 which is a Gulf Stream G-1159B. It bears a tail number
22 N909JE.
23 Q Is that a smaller aircraft than the Boeing?
24 A Yes.
25 Q Just to briefly remind the grand jury about
EFTA00224023
Page 20
1 where the evidence has been collected in this case, was
2 the start of your investigation information that you
3 received from the Palm Beach Police Department?
4 A Yes, it was.
5 Q And that included evidence seized during a
6 search of Mr. Epstein's home at El Brillo Way?
7 A Yes.
8 Q Also controlled calls that the Palm Beach Police
9 Department placed?
10 A Yes.
11 Q And interviews of girls and other people by the
12 Palm Beach Police Department?
13 A Yes, as well as trash pulls that the Palm Beach
14 Police Department conducted on Mr. Epstein's residence.
15 Q Then when the FBI became involved, the FBI did
16 additional interviews of girls and of recruiters?
17 A Yes.
18 Q They obtained phone records?
19 A Yes, we have.
20 Q And records of payments?
21 A Yes.
22 Q Did this grand jury also subpoena travel
23 records?
24 A Yes.
25 Q Including the flight manifests of the
planes
EFTA00224024
Page 21
1 owned by Hyperion and J.E.G.E.?
2 A Yes.
3 Q Did you also get corporate documents related to
4 those two planes?
5 A Yes, we have.
6 Q Once you had obtained all of this information,
7 did the FBI analyze the data, specifically the call
8 information and the flight information to put together a
9 pattern of activity by the defendants?
:0 A Yes, we did.
11 Q So you have a series of phone calls coming from
:2 these three assistants who were on the board, the two
:3 girls who have been identified through this investigation?
14 A Yes.
15 Q When you spoke with those girls, did any of them
16 tell you that they had developed some sort of a personal
17 relationship with the assistants so that they were just
18 chatting over the telephone?
19 A No, not at all.
20 Q All of them said what about the phone calls?
21 A Said that the phone calls were made to set up
22 appointments for Mr. Epstein.
23 Q And the girls referred to it as appointments to
24 work, is that right?
25 A Yes, they were appointments to work. There is
EFTA00224025
Page 22
1 one exception, We're going to talk about her
2 probably next week. She did say on one or two occasions
3 that had called her when she had gone out
4 to California on a trip, I believe. But that is the only
5 time that that was ever mentioned. In fact, we asked, and
6 those phone calls were made for the purpose of setting up
7 appointments for Mr. Epstein.
8 Q Is the investigation continuing?
9 A Yes, it is.
io Q Are you still trying to locate and interview
11 more girls?
12 A Yes.
13 Q Let's turn to the specific evidence reporting
14 the overt acts and offenses relating to Jane Doe's 1
15 through 5. I know that every member of the grand jury has
16 a copy of the draft indictment before them, and also a
17 chart.
18 Do you have a copy of that chart as well?
19 A I do.
20 Q Do you have photographs of the five girls that
21 we are going to talk about today?
22 A Yes.
23 Q And these are photographs of the people that we
24 are calling Jane Doe's 1 through 5?
25 A Yes.
EFTA00224026
Page 23
Q And Jane Doe Number 1, you have previously
2 testified about her?
3 A Yes, I have, that's
4 Q Jane Doe Number 2?
5 A That is
6 Q Jane Doe Number 3?
7 A That is
8 Q Jane Doe Number 4?
9 A
10 Q And Jane Doe Number 5?
11 A That is
12 JUROR: The purpose of Epstein's business with
13 his planes, did he transport?
14 THE WITNESS: To travel around.
15 JUROR: So it wasn't like a business of
16 transporting other people?
:7 THE WITNESS: He flew other guests, sometimes
18 unaccompanied, sometimes accompanied.
19 JUROR: do you have
20 any evidence that they started young, like the rest
21 of the recruits?
22 THE WITNESS: We have evidence that they are his
23 personal assistants employed by him, not that it was
24 anything like what we were discussing.
25 JUROR: There was an allegation that was made
EFTA00224027
Page 24
1 earlier, back in February, during one of these
2 discussions, about a specific act that was performed.
3 Can I ask about that? We were told back in February
4 that one of the girls when interviewed had alleged
5 rape, and I hadn't heard about that allegation
6 recently.
7 THE WITNESS: That's probably Jane Doe Number 6.
We're going to talk about her, that he forcibly put
9 her on the table and penetrated her. Yeah, she will
be coming up. We're going to do her probably next
11 week. She'll be the first one we'll talk about.
:2 BY MS.
:3 Q So turning to Jane Doe Number 1, You
14 testified about her earlier before this grand jury,
15 correct?
16 A Yes, I did.
17 Q And she also testified before this grand jury,
18 correct?
19 A Yes.
20 Can you remind us of her date of birth?
21 A She was born on
22 Could you briefly refresh the grand jury's
23 recollection of how she was recruited?
24 A She was approached on a beach by and
25 Tony Figurello (phonetic). They approached her on a beach
EFTA00224028
Page 25
1 and asked her if she wanted to perform massages for
2 Mr. Epstein and make some money.
3 Q From the review of the phone records that you
4 have received, were you able to identify a telephone
5 number associated with Tony Figurello?
6 A Yes.
1
Q In fact, has Tony Figurello been interviewed?
A Yes, he has.
9 Q And has he admitted to being a recruiter for Mr.
10 Epstein?
11 A Yes, recruiter and driver.
12 Q If you could take a look at Overt Act Number 2,
13 which appears on page five. That states, 'On or about
14 March 12, 2004, defendants Jeffrey Epstein and
15 caused Jane Doe Number 1 to travel to 358 Brillo Way of
16 Palm Beach, Florida.'
17 Can you tell us what evidence you have regarding
18 that?
19 A We have reviewed phone records for and
20 that indicate the calls took place, as well as phone
21 records for Tony Figurello and and calls that took
22 place on or about those dates. We've also looked at a
23 flight manifest, and were able to show that Mr. Epstein
24 arrived the day before, on the 11th. We also have
25 statement where she describes the sexual activit
y that
EFTA00224029
Page 26
took place.
2 Q On that date, March 12 of 2004, described
3 going to Mr. Epstein's house and performing a sexual
4 massage?
5 A Yes, on or about that day.
6 Q On or about that date, what did state
7 about being paid?
8 A She was paid $200.
9 Q And that relates to Overt Act Number 3?
10 A Yes.
11 Q And she stated that Mr. Epstein is the person
12 who gave her that?
13 A She told us that in her statement.
14 Q If you could take a look at Overt Act Number 95,
15 which is on page 17. On or about February 6, 2005,
16 Epstein had Jane Doe Number 1 to make one or more
17 telephone calls to Jane Doe Number 2.
18 First of all, who is Jane Doe Number 2?
19 A That would be , our youngest victim.
20 Q Can you tell us what evidence you have related
21. to that overt act?
22 A We have the girl's statements that calls were
23 made. We also reviewed the phone records that indicated
24 that there was telephonic contact between the numbers
25 belonging to
EFTA00224030
Page 27
1 Q And in the statement of both girls, did they
2 describe that is the person who called ■
3 looking for someone to come and work at Mr. Epstein's
4 house?
5 A Yes.
6 Q Looking at Overt Act Number 96. On or about
7 February 6, 2005, Epstein caused Jane Doe Number 1 to
8 transport Jane Doe Number 2 to 358 El Brillo Way.
9 What is the evidence related to that?
10 A Again, the statements of support
11 that as further evidence, and also reviewing the phone
12 records they indicate that there was telephonic contact
13 between
14 Overt Act Number 97, on or about February 6,
15 2005, Epstein made a payment of $300 to Jane Doe Number 2
16 and a payment of $200 to Jane Doe Number 1.
17 what was the evidence of that?
18 A Both stated in their statements
19 that Sage was paid $300, and was paid $200 for
20 bringing
21 Q Dellexplain why she was paid $300?
22 A Yes, she was paid $300 because she performed her
23 massage. Mr. Epstein
24
25 Q After this date, after February 6, 2005, was
EFTA00224031
Page 28
1 $300 found in 's purse when it was searched at her
2 school?
3 A Yes, it was, by a school administrator.
4 Q If you could look at Overt Act Number 117, which
5 is on page 19, and that states that on or about March 30,
6 2005, caused one or more calls to be made to a
7 telephone used by Jane Doe Number 1.
8 What evidence do you have related to that?
9 A we reviewed the phone records of and
10 ■ that indicate this.
11 Q And Overt Act 120, on or about March 31,
12 caused one or more calls to be made to a telephone used by
13 Jane Doe Number 1.
14 A Again, we reviewed the phone records that
15 indicated there was telephonic contact between the numbers
16 belonging to
17 Q Then we have Overt Act Number 122, which is also
18 March 31, that Epstein and caused Jane Doe Number 1
19 to make a call to a telephone used by Jane Doe Number 2.
20 What evidence do you have related to that?
21 A We have phone records that we have reviewed
22 belonging to In this case, we also have a
23 voice mail that was provided to us by the Palm Beach
24 Police Department, a voice mail of leaving a voice
25 mail message on phone.
EFTA00224032
Page 29
1 Q And Overt Act Number 123 refers to April 1st.
2 what evidence do you have related to that?
3 A We have reviewed the phone records of and
4 that indicate telephonic contact was made on this
5 day. We also again have another recorded voice mail by
6 left on phone.
7 Q These later calls, the March-April calls, are
8 those the controlled calls that the Palm Beach Police
9 Department was involved in?
10 A There was controlled calls placed to
11 cell phone and to place of work by ■ under the
12 supervision of the Palm Beach Police Department.
13 Q And the voice mail message that you referred to
14 of calling ■, what information was leaving
15 in that voice mail message?
16 A was asking for.' to get back in touch,
17 that she had set up an appointment for at Epstein's
18 house on the following day, on that Saturday at around
19 10:30 or 11:00.
20 Q In addition to the phone records, was there
21 anything that the Palm Beach Police Department found that
22 also confirmed that this appointment actually was made.
23 A As I mentioned earlier, the Palm Beach Police
24 Department was doing trash pulls on Mr. Epstein's
25 residence. In there, there were two messages or notes in
EFTA00224033
Page 30
1 there on Epstein's personalized stationary. On it it
2 said, ' with on Saturday at 10:30, and on
3 Saturday with at 10:30." That's the exact message on
4 the two notes that were found in his trash when they
5 retrieved it on April 8.
6 Q If I could direct your attention to Count Number
7 Five, which appears on page 26. That is the charge of
8 enticement of a minor, referring to Jane Doe Number 1, and
9 Mr. Epstein and Miss are charged.
10 I know that you talked about the telephone
11 traffic. The calls between and Tony Figurello, did
12 they fall within that March 7 through March 11 time
13 period?
14 A A review of their telephone records do indicate
15 that there were phone calls made during that time.
16 Q And Jane Doe Number 1 actually went to Mr.
17 Epstein's home?
18 A Yes, and performed a massage for him in the
19 nude.
20 Q And she was paid for that?
21 A Yes, she was paid $200.
22 Q And he masturbated in front of her, correct?
2.3 A Yes, he did. I would like to include that IIIII
24 took upstairs for that massage, and she also
2S set up the massage table and arranged the oil
and lotions
EFTA00224034
Page 31
1 for to do that massage.
2 Q And also, just so it's clear, how old was
3 at that time?
4 A She was 17.
MS. Are there any questions about
6 either how that evidence was presented or about the
7 charges related to Jane Doe Number 1? Seeing no
8 questions, we'll turn to Jane Doe Number 2.
9 BY MS.
10 Q You previously mentioned that that was
11 A Yes.
12 Q Let's turn to Count Number Six, which is on page
13 26, which is the enticement of . If you could tell
14 the grand jury about the evidence related to that.
15 A date of birth is
16 Q So during this period of February 5, 2005 to the
17 6th, how old was she?
18 A She was 14.
19 Q Can you remind the grand jury about the evidence
20 related to the enticement ofl
21 A As we stated earlier, we talked about the
22 telephone calls. We have shown that the facility of
23 interstate commerce was used by the telephone calls made
24 by their cell phones. We examined specifically
25
Those calls were made to
EFTA00224035
Page 32
1 set up and arrange appointments for Mr. Epstein to have
2 his massages.
3 Pertaining to during the massage that
4 occurred on those dates, February 6, in particular, I
5 think I have discussed with you before what occurred on
6 that, that -- and that was his term for
7 it -- and that he
8 He did masturbate during that massage, and she
9 believed he ejaculated because he wiped off his penis with
10 a towel. She was paid $300, and we know that she was 14
11 at the time.
12 Q If we could turn to Count Number 43, which
13 appears on page 31. Count 43 is one of the travel counts.
14 If you could tell the grand jury, did a trip occur on
15 March 31, 2005?
16 A Yes, we have flight records that indicate a
17 flight occurred on that date.
18 Q What type of plane was used?
19 A I'm going to refer to the J.E.G.E., Incorporated
20 aircraft as just the Boeing 727. If we talk about the
21 Hyperion Air, Incorporated aircraft, which is the Gulf
22 Stream, I will just say the Gulf Stream. So on that date
23 he did travel on his Boeing 727, on 3-31.
24 Q And Mr. Epstein was aboard the plane on that
25 day?
EFTA00224036
Page 33
1 A Yes, he was.
2 Q With respect to the March 31st trip, was there
3 evidence of him setting up the appointment with •rior
4 to that trip?
5 A We do have telephonic contact between and
6 as well a on the day before
7 and the day of travel.
8 Q And even though that appointment was never kept,
9 that never went to that appointment, you have the
10 notes that were retrieved from the garbage that showed
11 that Mr. Epstein was expecting ■ to show up for that
12 appointment?
13 A Yes.
14 Q Anything else with respect to that particular
15 count?
16 A We also have the controlled calls and the voice
17 mails.
18 Q Turning to Count Number 60, which appears on
19 page 34, that is the attempted enticement of
20 during the period of March 30 to April 1.
21 Again, at that point, was how old?
22 A She was 14.
23 Q And we had talked about the telephone calls that
24 were used. One of the things that is relevant to this
25 particular count was that in addition to the fact
that
EFTA00224037
Page 34
r
1 was 14, did you interview a girl who went with
2 hen she went to Mr. Epstein's house back in
3 February?
4 A Yes, we did, that would be
5 Q And was interviewed?
6 A Yes, she was interviewed by the Palm Beach
7 Police Department.
8 Q What did say about appearance?
9 A That she was the youngest looking girl that
10 came.
11 Q When you talked with did talk about
12 girls that Mr. Epstein liked in particular?
13 A Yes.
14 • And was Mane of those girls?
15 A Yes, she was one of his preferences. also
16 told us that Mr. Epstein said to her on one occasion, 'The
17 younger, the better."
18 Q And there was never any attempt to get
19 I.D. or to confirm her actual age?
20 A No.
21 Q As we discussed before, never actually went
22 to that point, right, so that is just an attempt?
23 A Yes.
24
Are there any questions from the
25 grand jury? Seeing no questions, we'll see you next
EFTA00224038
Page 35
1 week. Thank you.
2 (Witness excused.)
3
4
5
6
8 CERTIFICATE OF REPORTER
9
10 I CERTIFY pages 1 to 35 is a true transcript of
11 my shorthand notes of the testimony of
12 , before the Federal Grand Jury, West Palm
13 Beach, Florida, on the 8th day of May, 2007.
14 Dated at West Palm Beach, Florida this 23rd day
15 of May, 2007.
16
77
18
19
20 Philip W. May, Court Reporter
21
22
23
24
25
EFTA00224039
DataSet-10
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4 pages
Exhibit G
EFTA00066183
(Rev. 01-31-200)
FEDERAL BUREAU OF INVESTIGATION
Precedence: PRIORITY Date: 12/06/2006
To: Albuquerque Santa Fe RA
San Juan St. Thomas RA
From: Miami
Squad PB-2, PBCRA
Contact: SA b6
b7C
Approved By:
Drafted By:
Case ID It: 31E-MM-108062 (Pending)
Title: JEFFREY EPSTEIN;
WSTA - CHILD PROSTITUTION
Synopsis: To set leads for captioned investigation.
Details: On 07/24/2006 the Federal Bureau of Investigation
(FBI), Palm Beach County Resident Agency (PBCRA), began
investigating Jeffrey Epstein, a part-time resident of Palm
Beach. alone with'
PBCRA obtained information from
the City of Palm Beach Police Department (PBPD) I
pstein
I
Following the ;'eceipt of the case files from the PBPD,
ARCRA hisnan interviewinni b6
I
I who reported a similar b7C
(describe how contart bib
series of events. In particular,
was made via telephone, primarily' 1
d
3(01 p(. 31E- - 1080W-
EFTA00066184
•t
To: Albuquerque Atm: Miami •
Re: 31E-NH-108062, 12/06/2006
b6
b7C
bib
mot h/ rn t *1-1
nd some
I On most
instances Enstel
exa le, I 'Epstein
During the course of PBPD's investigation, a search
warrant for Epstein's home was obtained and executed. Many of
Epstein's belongings were removed from the home prior to the
execution of the search warrant - for example, the computer
processing units (CPUs) were removed from the house but the
computer screens, keyboards, cords, etc. were left behind. The
missing CPU's were never recovered.
During the search, several telephone message pads were
recovered. These message pads show messages taken from several of
the girls who were interviewed and admitted to engaging in sexual
massages or other sexual activity with Epstein. The messages
contained text such as "I have a female for him" and "has girl
for tonight." Some of the messages from the airis well addressed
to E stein and others were addressed tol
Additional messages recovered during the search
con aine ext confirming appointment times
During the PBCRA's investigation,l
that 'would contact i
2
EFTA00066185
To: Albuquerque 'IL: Miami •
Re: 31E-MM-108062, 12/06/2006
rune investigation reveasea tnac
the flights to Palm Beach,I A Could contact swag nfl
ni 11 h Ph canna nw avidornra that
b6
b7C
b7D
In addition to the home in Palm Beach, Epstein also
maintains a residence in the U.S. Virgin Islands, New York and
New Mexico.
To date, the PBCRA continues, to develop witnesses and
victims from across the United States. Due to the media coverage,
unknown status of the state investigation, vulnerability of the
young female victims, and political influences, the AUSAs and
Case Agents have a target date of January 2007 for indictment.
Based on the ongoing criminal investigation, the PBCRA
is requesting the assistance in establishing Epstein's criminal
activity utilizing interstate commerce and the travel in
interstate commerce to engage in illicit sexual conduct and
prostitution. Prior to conducting captioned leads, it is
requested that the lead aoent(s) contact SAJ
FBI Miami, West Palm RA, or SAl 1
Ifor investigative direction and
questions.
3
EFTA00066186
DataSet-10
Unknown
2 pages
The press headlines of "sex slave" "sex ring",.sex predator. are all tabloid fictions meant to sell
newspapers. nothing more. It was widely reported I was his sex slave. There is nothing further from the
truth. Jeffrey met me when I was fully, and technically and adult. He was generous kind and funny. Claims
of him purchasing me from my parents are obviously a delusion of some loser- male reporter A
Jeffrey Epstein never testified on his own behalf, never! his lawyers actually made no attempt in the
press to explained the facts, they merely argued whether the laws, that were clearly tortured beyond
recognition in order to fit his behavior into a federal crime, applied . Testifying would have meant
bringing other people into a mess of admittedly his own creation. Why, Jeffrey rarely left his house, he
did not troll on the interenet. he did not drive around looking for girls, he didn't go to clubs parties or even
restarants. Being what some might call a health nut, He has never had a drink or drug. he did 90 minutes
of yoga every day or resistance training, he would then shower , and begin his day, THat day
inevnentiably began with a massage. He would begin his work by getting on the massage table, face
down BEFORE anyone was in the room, and begin making his daily calls. A massge person, recruited
from either the local massge places. massuees he knew or friends of a masseeh would enter the dimly lit
massage room and begin working on his calfs before he even said hello, He would most of the time , not
even know who they were , he might ask their name, and who brought them, often, as the police reports
show, their friends waited downstairs.. the ages of the daily massage persons ranged from young to over
60. the vast majprity in their twenties and early thirties. The message pads would show, many if not all ,
would call asking to see when he was free so that they could return, or they would suggest a friend. they
all were told no underage girls. in fact the police report that describes the first girl who was in reality
fourteen telling the police, she said she was 18. in her words, she said if I had told the truth I would not
have been able to get in the house.. in her words, not his.? not one witness not one suggested that he
asked for underage girls. The idea is ludicrous.. THe local strippers that willingly came as well as the
girls who worked in the local massage parlors came, many later labled as the Jane doe " victims " JAne
doe I , daugther of a local prostitute ran a shower with girl biz and advertised it. danced in the local strip
club, admittedly some had less of a typical professsion or experience. each and every one were brought by
one of their friends or acquaitences. many who brought thier frineds including the jam does in questions ,
brought their friends to the house. The horrifyninng experiences that they described seemed not to be so
horrifying as to prevent them from bringing their best friends and returning on multiple occasions When
the stories of the girl are compared, IT should have raised concerns that the language of each was almost
verbatim. rehearsed amongst themselves. JEffrey was never alone in the house. there was always staff ,
always. not one time did any girl complain, suggest an impropriety .. NOT one time.
Jeffrey is certainly does not cut a sympathetic figure , the boy genius , that people from all over the
world come to hear his financial prognostications. there are no parties at the house, there is rarely even
wine served ( to the dismay ofhis guests) , he is a loner. He doesn't really socialize . when the local sex
crimes prosecutor , with experience of over 20 years , in palm beach , went through all the facts and claims
. She in her words, said that there were no real victims here. None ".no real victims". One of the type
that is forced against her will , I as a woman an unimaginable and horrific experience. These were
victims only in the sense of their technical. age . Technical age. Not psychological age. Not based on
years of prostitution , scams crimes etc. just birthdate. In florida though the girl might even show fake id.
Relying on their word is not enough. Misrepresentaion of age , is not a defense. Not a defense. When a
seventten year old , signs a contract to buy a dress on time and then doesn't pay , she cannot be held
accountatble as she was not legally old enough to enter a binding contract.
This was all a local matter, Jeffrey rarely left his house. I was already a stretch to attempt to turn this into
a federal crime, more of a stretch to claim that arranging a massage on a telephone, giving the necessary
federal nexus. ( the telephone being the means of interstate commerce. ) and a recent supreme court case
stating that arranging would not be a crime. ( coercion force , changing the will of the minor required )
Jeffrey almost never on the phone himself. Someone merely arranging an appointment. The feds the
suggested traveling for the purpose of underage sex. Here Jeffrey was going home to his house of 20
years. Going to his home not to Thailand ( where no local laws preventing abuse are in existance ). In the
strangest twist of all , the feds required him to pay a list of girls whose actual names they would only
provide AFTER he was in jail. Provide the minimum amount of money, and if THEY didn't agree, he
would have to hire a lawyer for them, pay the lawyer to sue himself. And not be able to contest liability.
Yes what you have read is correct , no matter how crazy it sounds. Pay lawyers to sue himself and not be
able to contest the claims . In actuality when he tried to file a motion to dismiss a case from someone who
could not even prove she was at the house , he was threatened with a declaration of breech.
EFTA01192593
I was never, the tabloid -given moniker , a sex slave. Jeffrey did not buy me, from my parents. Jeffrey did
nothing to me , but did enable me, by being kind and generous to become a successful qualified jet pilot.
Before every flight I , run through both a basic and more detailed checklist. I focus on the safety of my
passsengers. Hurting innocent people by not taking the time to make sure the checklist is complete would
be irresponsible , unprofessional and dangerous. The press has ignored this basic premise. Not taking the
little time to check basic allegations. For example Virgina Roberts , though she descried in minute detail
the dinner. From how the president arrived to where he sat. however it never ever happened. First item on
checklist , check credibility, cannot respond " check" as it was a lurid story crafted of total fabrications,
the press chose to ignore how easily refuted these statements were and with reckless disregard for the
people they would hurt , ignored the lack of " check" and took the story to the air and let it fly.
EFTA01192594
DataSet-10
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36 pages
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6:18:32 PM
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EFTA00296277
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page I of 31
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
COMPLAINT
CASE NO.: 1:17-CV-00616
JANE DOE 43,
U
T
14
I
A
3.- X ttelV
V WIC
Plaintiff
xf,
EFFREY EP TEIN HI LAINE MAXWELL
AND
Defendants.
FIRST AMENDED COMPLAINT
Plaintiff JANE DOE 43, by and through her undersigned counsel, for her
EFTA00296278
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 2 of 31
claims against Defendants Jeffrey Epstein, Ghislaine Maxwell,
and alleges upon personal knowledge with respect to her
own acts and status, and upon personal knowledge, information and belief as to all
other matters, as follows:
1. This cause of action arises under federal statutes and jurisdiction is proper
under 28 U.S.C. *section 1331.
2. Plaintiff files this Complaint under a pseudonym in order to protect her
identity because this Complaint makes allegations of a sensitive sexual nature
andthe disclosure of name-publielsfrwillwhich, in association with her
name, would cause further harm to her.
3. At all times material to the events alleged in this cause of action the Plaintiff
was a citizen of South Africa residing in New York, New York.
4. At all times material to this cause of action Defendant Jeffrey Epstein had
multiple residences, including in New York, New York (within the Southern
District of New York) and the United States Virgin Islands. He is currently a citizen
of the United States and claims to be a resident ofNew--Y-Ork—ancl the U.S. Virgin
Islands.
5. At all times material to this cause of action Defendant Jeffrey Epstein was an
adult male born in 1953.
EFTA00296279
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 3 of 31
6. At all times material to this cause of action Defendant Ghislaine Maxwell was
residing in in New York, New York and was a citizen of Great Britain and France.
7. At all times material to this cause of action was a United States
citizen, residing in New York, New York, and, of
eiti-zea-ef-the-14nite€1-States (within the Southern District of New York).
8. At all times material to this cause of action was residinga United
States citizen, employed by New York based company and regularly
conducting business in New York, New York and, on information and belief, was a
citizen of the United States(within the Southern District of New York).
9.At all material times, n-was-resitling-in-New--Y-eFk r New
YOFIreandr en-infennatien-and-beliefrwas-a-eitizell-ef-the-binited-States,
9. -1414neluding-bec-ausea substantial part of the acts, events; and omissions
giving rise to this cause of action occurred in the Southern District of New York;}
venue is proper in that District. 28 U.S.C. *section 1391(b)(2)
2
10. -1-lat all times material to this cause of action, Defendants Jeffrey Epstein,
Ghislaine Maxwell, an —ann owed a
duty to Plaintiff to treat her in a non-negligent manner and not to commit or conspire
to commit intentional, criminal, fraudulent, or tortious illegal acts against her,
including any acts in violation of 18 U.S.C. §1595.
FACTUAL ALLEGATIONS
EFTA00296280
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 4 of 31
11. 4-2,At all times material to this cause of action, Defendant Jeffrey Epstein was
an adult male over 50 years old. Defendant Epstein is knownwidely recognized as a
billionaire who uses his extraordinary wealth to commit illegal sexual crimes in
violation of federal and state statutes and to employ and conspire with a group of
numerous others, including each of the named Defendants, to eenspir-e-and-assist in
committing those crimes and additional torts as well as to preteet-and-conceal his
crimes and torts of the Epstein sex trafficking group from being discovered.
12 44-Defendant Epstein displays his enormous wealth, power and influence to
his employees; to the victims procured for sexual purposes; and to the public in order
to advance and carry out his crimes and torts. At all relevant times, Defendant
Epstein owned and continues to own, directly or through nominee individuals used
to conceal his interests, a fleet of airplanes, motor vehicles, boats and one or more
helicopters. For example, he owned and-ewns(directly or indirectly) a Boeing
aircraft (of make and model B-727-31H with tail number N908JE) and a
Gulfstream aircraft
3
of make and model G-1159B with tail number N909JE He also owned
numerous properties and homes, including a 51,000-square-foot mansion in
Manhattan; a $30 Million, 7,500-acre ranch in New Mexico; a 70-acre private island
formerly known as Little St. James in or near St. Thomas, U.S. Virgin Islandsa
EFTA00296281
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 5 of 31
mansion in London, England; a home
; in Paris, France; and a mansion in Palm Beach County, Florida. The allegations
herein primarily concern the defendant's conduct while at his townhouse in New
York; on one or more of his private airplanes; and on his private island in the
United States Virgin Islands. Epstein used all of the real and personal property
described in this paragraph to facilitate the illegal sex trafficking venture and
enterprise described in this Complaint and in furtherance of that venture and
enterprise,
a 4-4:Defendant Epstein has a compulsive sexual preference for young females
as young as 13 and as told!: as 25. Through information and belief Defendant
hed-see-with-yeung-fenieieeaaiFtueilygastein engages iusxual actsa
range every day and accicted in the deve lopment and execution ofdeveloped,
through the employment of and conspiracy with the other Defendants, a sex
trafficking schemeventure and enterprise designed to fulfill his sexual desires:
and conceal the operation of the venture and enterprise and conduct of its
participants. As part of the venture and enterprise, Epstein also provided
young females for sexual purposes to his friends in order to secure social,
business, and other contacts as well as other things of value.
14. 44:Defendant Maxwell was for decades the highest-ranking employee of the
Defendants' sex trafficking venture and enterprise. She herself recruited young,
including underage, females; oversaw and trained other recruiters on how best to
recruit girls for sex; developed and executed schemes designed to recruit young
females; and ensured that all participants of the Defendants' sex trafficking scheme
EFTA00296282
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 6 of 31
acted in certain specific ways in order to advance the purposes of the scheme and
eeneeal-4, including providing young females to Epstein for sexual purposes on
a daily basis, and concealing these activities from law enforcement.
4-67Defendant recruited young females for Epstein for sexual
purposes, brought gifts to females in order to entice those females to commit
sex acts with Epstein and to assist in concealing the illegal sexual conduct of the
venture and enterprise, and maintained sex schedule in order to ensure
that he was not without the sexual favors of young females for any extended period
of time. Defendant also handled travel arrangements for the-various females
being exploited for sexual purposes.
4 Defendant n intend art f the sex traffi kin venture and
enterprise and reported directly up the line of authority to
DefendeetDefendants Maxwell and Epstein.
-1-7,Defendant Epstein employed many recruiters of young females. The
nature of the Defendants' sex trafficking schemeventure and enter ris enabled
victims themselvesTsueh-as-Defendent to elevate their status to that of a
paid recruiter of other victims.
S
Recruiters were taught by Defendants Epstein-and, Maxwell andM to inform
targeted victims that Epstein possessed extraordinary wealth, power, resources and
influence; that he was a philanthropist who would help female victims advance their
EFTA00296283
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 7 of 31
careers and lives; and that the recruits needed only to provide Epstein with body
massages in order to avail themselves of his financial assistance and influence. In
fact, however, these representations were fraudulent. The vast majority of
girlsyoung females were actually required to perform intimate sexual acts at the
Defendants' direction and the Defendants did not help efnor intend to help advance
the victims' careers. Victims id t brin F stem other
females for sex and were told by Defendants Epstein, Maxwell, and that
those young females who brought other females would further benefit from
bringing other girls,
17. -1-8,Defendant In was an integral part of the illegal venture and
enterprise. =coordinated schedules between Defendant Epstein and the various
young females used for sex; made travel arrangements for the girlsyoung females;
tended to thcirthe living needsafid-eemmunieateci-with-fliemeerder-te-mainta
-
their of those females; communicated and coordinated with Defendants
Epstein, Maxwell and to assist in facilitating young females being
available in locations where the other Defendants were traveling; and she
carried messages to the young females from the other Defendants including
false representations in order to maintain the young females' compliance with
the rules of beluwimsexual compliance imposed upon-them-by this structured
sex-trafficking group. was aware of
6
EFTA00296284
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page $ of 31
the entewiseactivities of the venture and enterprise, including the fraudulent
representations and other coercion that was being applied to secure the
females' compliance with demands of sex.
-IA The Defendants, led primarily by Defendants Epstein and Maxwell,
fulfilled Epstein!) compulsive need for sex with young females by preying on their
personal, psychological, financial, and related vulnerabilities. The Defendants'
tactics included promising the victims money, shelter, transportation, gifts.,
employment, admission into educational institutions, educational tuition,
protection, and other things of value in exchange for sex. Defendants also took
possession of the victims' passports to coerce compliance with their demands.
Defendants also trafficked young females to Epstein's friends and
acquaintances in order to secure financial and other benefits as well as social,
educational, and business connections,
19. 2.0:Defendants' sex trafficking venture and enterprise operated in a hierarchal
structure with Defendants Jeffrey Epstein and Ghislaine Maxwell at the top-anil
underlings-belew,Defendants Epstein and Maxwell operated the sex trafficking
scheme dating back to at least the mid-nineties, and over the years perfected
their roles and the roles of oth
volume of young females recruited for sex and in insulating the enterprise from
criminalLiniesligationorprosetation.Defendantas ith
Defendant Epstein and Maxwell
7
since at least 2002 and continues to work for Defendant Epstein today.
Defendant legatusarkingwiththelasteinrrasextraffickintyenture
and enterprise as early as 2001 and her role in their venture and enterprise was
EFTA00296285
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well-defined and primarily consisted of conspiring in the commission an
cover-up of sex crimes. Underlings included the other named Defendants as well as
unnamed co- conspirators such as various housekeepers and butlers; an airplane
pilot; and various employees, assistants and associates. Wittingly and unwittingly,
such underlings performed their respective roles with the purpose and effect of
insuring that the enterprise supplied young females to Defendant Epstein and others
for sexual purposes. At all times materials to this complaint, the venture and
enterprise was a group of two or more individuals associated in fact and deed.
20. 2-hDefendants Epstein and Maxwell, with help from assistants, associates and
underlings, recruited and procured hundreds of girls over the decades of the
operation of their scheme. Such recruitment and procurement included fraud,
coercion, threats, intimidation, fear, the threat of coercion, and a combination of
these and similar tactics. Following the Defendants' recruitment and procurement of
the young females to join Epstein in New York and the U.S. Virgin Islands, the
Defendants used fraudulent
6 promises, coercion, and threats of coercion in order to entice yettegand coerce
the females into sex and, once sexual activities ensued, to cause them to remain in
the enterprise. The Defendants also transported females in
A
interstate and foreign commerce and in ways that affected interstate and foreign
commerce. The sex acts were commercial in nature, because the Defendants
promised to provide financial and other compensation to the females in
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exchange for providing sex acts to Epstein.
21Defendants specifically targeted underprivileged, emotionally vulnerable
and/or economically disadvantaged young females to join the Defendants'
entecpciseprovide sex for Epstein.
23.Additionally, Defendants always made clear to every you
that they were wealthy, well-connected and could either help or hurt the
females depending on their degree of cooperation. In fact, Defendants Epstein
and Maxwell have been known to threaten young females with physical harm,
It is unknown exactly how long Defendant Epstein and Maxwell's
afecenwatienetithe Defendants' criminal and illegal venture and enterprise
operated, although it was at least continuously and actively in operation from the
mid-1990's through and including the calendar year 2007.
24-.Defendant Epstein has continued the venture and enterprise and
eeftspireey-up to the present time in some form or another and with additional
co-conspirators and narticinant, .
24. 2-5,In 2005, Defendant Epstein and numerous co-conspirators within the
venture and enterprise were the subjects of a Palm Beach, Florida Police
Department criminal investigation which revealed that Defendant Epstein had
engaged in sexual activities with dozens of young teenage school children. Each
child identified in that particular investigation was lured into Defendant
Epstein's Palm
2
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Beach mansion with a promise that she would receive money for providing him with
a body massage, although once there, each el young female was made to engage
in a sex actsexual acts in order to receive the promised compensation.
Several were also made to engage in sex with another of Defendant Epstein's
female sexual-tfaveling-eempathenstraveling sex companions who Epstein
referred to as his lesbian sex slave and bragged about purchasin her from
her family when she herself was underage.
15, 2.-.67In 2006, the Palm Beach Police Department investigation was turned over
to the FBI and the United States Attorney's Office for the Southern District of
Florida. The United States Attorney's Office investigated Defendant Epstein and his
co-conspirators for their violations of numerous federal statutes, including 18
U.S.C. *Section 1591, one of the statutory bases for this complaint.
26. 2-7-.The United States Attorneys investigation continued from 2006 through
September 2007, at which time a Non-Prosecution Agreement was signed between
Jeffrey Epstein and the United States Attorney's Office deferring federal prosecution
of Defendant Epstein and his numerous co-conspirators, including Defendants
and named by the Federal Government as co- conspirators,
for identified federal sex crimes against more than 30 minors.
27. 28.From late 2006 through September 2007, Epstein's team of lawyers
negotiated with the federal government in an effort to avoid the-filing-ef-thea fifty-
three-page dra€tFederal felony indictment effrom being filed against Epstein.
During these
14
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negotiations, Defendant Epstein decamped from Palm Beach to New York and the
U.S. Virgin Islands in order to convey an image to prosecutors that he and his co-
conspirators had stopped committing sex crimes.
28. 24Remarkably, however—as this case will highlight—Defendant Epstein
and his co-Defendants, including the other defendants named herein, did
8 not abandon their sex trafficking yenture and enterprise even while they were
under state and federal investigation for crimes committed in violation of 18
U.S.C. *section 1591, among other laws, and even as Defendants and their
attorneys were busy arguing Epstein!) innocence and publicly defaming his
victims as liars. Rather, Defendants merely changed their stylciocation. Instead of
targeting local Palm Beach Florida high-school girls, the Defendants transported
young females from other places in the
U.S. (including the Southern District of New York) and abroad and brought them
to Defendant Epsteinl's mansion in New York City and his private island in the
Virgin Islands.
29. 40,In June of 2008, Epstein pleaded guilty to Florida state felony sex offenses
for procuring a minor for prostitution and soliciting prostitution by minors and
reaistered as a Sex Offender for Life.
30. 3-1-Defendants Epstein and Maxwell developed and implemented a
sophisticated system designed to insulate them from criminal and civil liability by
protecting them from potential testimony of knowledgeable subordinates.
11
Defendants and adapted to the system and also carried it out for
years in exchange for significant pay, benefits, and protection from
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prosecution. The system included requiring subordinates to sign confidentiality
agreements evering-eivil-andbarring disclosure of criminal activity; maintaining
records of underage females who were abused by Epstein; requiring
subordinates and victims to refrain from speaking with law enforcement officials;
requiring them to notify Defendant Epstein's lawyers in the event they (subordinates
and victims) were contacted by law enforcement officials; requiring them to accept
the representation of attorneys paid for by Defendant Epstein; requiring them to
invoke the Fifth Amendment in
4 response to questions they might be asked by investigators and prosecutors; requiring
them to invoke the Fifth Amendment in order to refuse to turn over incriminating and
non-incriminating evidence to law enforcement officers; requiring them to destroy
evidence or refuse to reveal knowledge of destroyed evidence; and requiring them
generally to refuse all cooperation with law enforcement officials or investigations.
IL 32In 2005, Defendant Epstein and other co-conspirators, aware that law
enforcement officials were preparing imminently to execute a search warrant effor
his home, removed computer systems that logged information about Epstein and his
co-conspirators' illegal and criminal conduct; the identities of witnesses; nude
12
photographs of young females; scheduling books; message pads; tangible items such
as vibrators and toys; and other incriminating matter.
32. The sex recruiting and trafficking venture and enterprise designed to
procure young females for sexual purposes and to conceal those activities was
developed and fine-tuned over time, and each of the named Defendants had a
well-defined role and improved in his/her role over time, with practice and
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experience. By the time Plaintiff was recruited into victimization, each
Defendant had years of experience perfecting methods of coercion,
understanding Epstein's requirements, and becoming more loyal to the
continuance and survival of the venture and enterprise. All of the
knew about the activities of the venture and enterprise and worked in concert
for the goals of the venture and knowingly benefitted, financially and by
receiving things of value, from their I articii ation in the venture and
enterprise.
E. A typical way the Defendants procured young females for sex with
Defendant Epstein was to make false promises of a modeling opportunity, offer
a better life, offer payment for a formal education, or offer other money or
consideration.
34, ff eenfirnerkeingjlegim_g
lin in approximately October 2006 and continuing
through April 2007, Defendants recruited Plaintiff into their sexual enterprise by
fraudulently
U
promising to use their connections and resources to secure her admission to an
institution of higher education at the expense of Defendant Epstein.
34.Defendant W113 working as One of the enterprise's snafu
recruiters-efaatilurkinglascruit young females_for
Epstein for sex when she approached and recruited Plaintiff.
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44
4-5-,Defendana informed Plaintiff that she would introduce Plaintiff
to Defendant Epstein, whom she described as a wealthy philanthropist who regularly
used his wealth, influence and connections to help financially poor females like
Plaintiff achieve their personal and professional goals and aspirations.
37. 36.Defendant reported to her superiors, Defendants M,
and Maxwell, and was paid for her recruitment of young females, including-the
feeruitment-ef Plaintiff.
37.Defendant introduced Plaintiff to Defendant Epstein, who
confirmed to Plaintiff that he would use his wealth and influence to have Plaintiff
admitted into The Fashion Institute of Technology; (known as "F.I.T."31 in New
York City; or into a similar institute of higher learning offering a curriculum of
fashion industry training. Between October 2006 and May 2007, Defendants
Maxwell, and IM each also confirmed and reiterated this promise to
Plaintiff many timest each telling Plaintiff that Epstein would use his wealth and
connections to advance Plaintiff's education. More specifically, each of the
Defendants last verified this information that Epstein was using his
connections to ensure Plaintiff was admitted
14
into F.I.T. in exchange for Plaintiff's continued sexual cooperation with
Epstein in March or April of 2007.
39. 38.Defendant Maxwell told Plaintiff she would need to provide Defendant
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Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 15 of 31
Epstein with body massages in order to reap the benefits of his and'
connections.
40. All Defendants, including Maxwell, Epstein, and M, knew that
Plaintiff was actually being recruited for sexual purposes, and each knowingly
and deliberately made false representations to ensure that Plaintiff would
cooperate in fulfilling Epstein's sexual desires. These false and fraudulent
representations included Defendants' telling Plaintiff that Epstein would use
his connections to have her admitted into F.I.T. or a similar institute, college,
universi y or school of higher learning and provide her with employment
opportunities. Plaintiff reasonably relied on these representations and had a
credible basis for such reliance, including the credible representations of
Epstein and the other Defendants that they possessed extensive political,
business, financial, social, and educational influence and connections. Epstein
and the other Defendants represented to Plaintiff in manners that were
persuasive, credible, and reasonable to Plaintiff, as they would have been to
any other person similarly situated, that they had the political, business,
financial, social, educational, and other influence and
15
connections sufficient to arrange for and insure her admission into F.I.T. or a
similar school of higher learning.
41, Maxwell and Epstein also threatened Plaintiff that, while they had the ability
EFTA00296293
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to advance her education and career, they also had the ability to make sure that
shePlaintiff would not obtain ne-formal education or modeling agency contracts if
she failed to provide the sexual favors desired by Defendant Epstein or abide by the
instructions given her by Defendants Epstein and Maxwell.
44
42 3-9,Plaintiff reasonably believed that her compliance with Defendants'
demands was crucial to her physical, psychological, financial, and reputational
weiatingan_d_survival.
43. 4&Defendant Maxwell instructed Plaintiff how to massage Epstein using the
techniques that heMaxwell knew that Epstein preferred. During Plaintiff's first
massage, Defendant Epstein converted it into a sexual act and made it known to
Plaintiff that further sex would be required in order for her to obtain the assistance he
promised her and to avoid Defendants' threatened retaliation against her if Plaintiff
did not perform as demanded.
j4, 4-I,Defendants—Maxwell and Epstein informed Plaintiff that other young
females in Defendant-Epstein's company were there net-enly-te-previde-massages3
but-also to perform sexual acts, for Epstein and his friendsnd
!piped to secure the presence of the other young females for these purposes,
11
427Plaintiff was instructed dozens of times to provide body massages to
Defendant Epstein, both at his townhouse in New York and on his private island in
the U.S. Virgin Islands. Each time she was so instructed she was also required to
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perform a sexual act with-Defendant Epstein. The Defendants all participated in
arranging for Plaintiff to be transported Plaintiff in interstate and foreign
commerce, and affecting interstate and foreign commerce, for these sexual purposes.
The Defendants Epstein, Maxwell, andased possession and control of
Plaintiff's passport to induce and coerce Plaintiff into nerforminiz sexual acts
with Epstein and others.
46. 43:During many sexual encounters, Defendant Epstein gave Plaintiff no
option, opportunity, or choice not to participate in the prescribed sexual acts.
4-2
47. 44,Defendant Maxwell frequently controlled the assignment, or "rotation," of
Plaintiff and the other young females concerning the time, place and manner of the
sex acts they were told to provide to Defendant Epstein. Defendant Maxwell also
gave instructions on how to perform certain sexual techniques on Epstein.
Defendants Maxwell and Epstein also required Plaintiff to engage in sex acts with
other females.
4-SDefendants Epstein and Maxwell intimidated, threatened, humiliated and
verbally abused Plaintiff in order to coerce her into sexual compliance. These
Defendants threatened Plaintiff with serious harm, as well as serious
psychological, financial, and reputational harm, with4hesufpese-and-OffeGt-eg
EFTA00296295
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compelling Plaintiff to perform and continue performing the demanded-commercial
sexual activity demanded by Defendants.
49_, 46,On one occasion, after suffering verbal abuse and threats by Defendants
Epstein, Maxwell, and M, Plaintiff attempted to escape from Defendant
Epstein's private island. A search party led by DcfcndantDefendants Epstein and
Maxwell located her and physically returned her to the main house on the island.
Through these and other actions, the Defendants intended to cause, and did cause,
Plaintiff to believe that failure to perform the actions they requested would result in
physical restraint and potential harm to her person, as well as harm to her reputation,
employability, and stable state of mind. Defendants further used possession and
control of Plaintiff's passport, without lawful consent or authority, to restrict
Plaintifralikertismiiherthilorethenforayidtienniaskins
50. 4-7,Defendant Epstein's wealth, influence, power and connections were used
by Defendants Maxwell, and both as an inducement to provide sex
(in exchange for promises of support to Plaintiff}, and as a means of threatening
punishment (sheuldin the event Plaintiff fecuserefused to comply with Defendants'
instructions to provide sex to Epstein and others).
a 48,In addition to Plaintiff's being trafficked on Defendant-Epstein!:s private
planeairplane, Defendants =, Maxwell and with the knowledge of and
instruction by Defendant Epstein, arranged Plaintiffs living accommodations,
private car travel,
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18
and commercial air travel on numerous occasions for the purpose of causing
Plaintiff to commit commercial sex acts. These Defendants worked in concert
with one another to recruit, procure, entice, and otherwise cause many other
females to engage in commercial sex acts, through their use of threats, fraud,
and coercion. Among these means of coercion were the Defendant's possession
and control of the females' passports and other immigration documents. This
coercion was most salient, and especially effective, while the females, including
Plaintiff, were on Epstein's island.
52. 4-9,1n furtherance of their venture and enterprise, Defendants provided
living quarters for Plaintiff at 301 East 66th Street, New York, in the Southern
District of New York; a car service for Plaintiff to use as needed; a cell phone; and
other valuable consideration in order to maintain Plaintiffs sexual compliance. Each
of the Defendants told Plaintiff she would obtain the benefits of a place to live
and phone and transportation as long as she remained compliant with their
demands that she service Epstein sexually. Each of the Defendants also told her
that if she was not compliant, these benefits would be taken from Plaintiff.
53. 544,The relationship between Plaintiff and Defendants Epstein and Maxwell
was defined and characterized by Defendant Epstein's and Defendant Maxwell's
frequent and persistent fraudulent representations that they would provide Plaintiff
with a formal education and career advancement if she provided sex to Defendant
12
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Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 20 of 31
Epstein and others in the times, places and manners demanded by Defendants.
Defendants and each also told Plaintiff that Defendant Epstein
would advance Plaintiffs education and career in order to coerce Plaintiff into
sex. Defendant told Plaintiff that Epstein had done the same for her
career. As a result of these and other representations by Defendants, Plaintiff
reasonably relied on thestn representations. In fact, however, thosethese
representations were knowingly false, were not acted upon by Defendants, and
were made by Defendants Epstein a and Maxwell solely for the
purpose of maintaining
44 Plaintiffs financial dependence on, emotional vulnerability to, and sexual
compliance with DefendantsDefendant Epstein4144-Ma*well-and-their:a demands.
The other Defendants intentionally repeated thesethese representations and
intentionally attetpteilmade statements designed to convince Plaintiff that the
representations were true and could be relied upon. These representations and
statements were made to Plaintiff in furtherance of the sex trafficking
venture and enterprise for which they were each employed.
54. As part of the venture and enterprise, Defendants Epstein, Maxwell, and
took possession of Plaintiffs passport when she was being trafficked by
them, including when she travelled to E stein's island in the U.S. Virgin
Islands. 'The Defendants took possession of Plaintiffs passport in the course of
sexually trafficking Plaintiff and with the intent to violate laws against sex
trafficking, including 18 U.S.C. 1591 et. seq. The Defendants used their control
of Plaintiffs
20
EFTA00296298
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 21 of 31
passport in order to coerce compliance with their demands, including their
demands that Plaintiff have sex with Epstein and others.
$4-In January 2007 as part of their illegal venture and enterprise,
Defendants sent Plaintiff from the-Uctited4takasNew York City, in the Southern
District of New York, to South Africa-in-pact to recruit, for a promised fee, one or
more aspiring female models supposedly for Defendant-Erstein-te-use-as-an-alleged
per-sefial-assistant,Epstein to use as a personal assistant. The Defendants did not
care whether the prospective female was qualified to work as a personal
assistant because each knew that the female recruit would be immediately
placed into the same sexually vulnerable position as Plaintiff (and the dozens of
other victims of the sex trafficking enterprise) and would be induced and
coerced into being used for sex through fraudulent representations and other
means.
56. Defendants Epstein and Maxwell continuously and frequently demanded that
Plaintiff fulfill this task of bringing another female back to the United States and
Defendants' control as a condition of herPlaintiff's receiving the education, career
and related benefits promised by Defendants Epstein and Maxwell. Based upon
Plaintiff's experience with Defendants, however, she did-net-believeknew that the
requested female model would not be placed in a legitimate position of employment
with Defendant Epstein but would, instead, be forced into sexual servitude. Plaintiff
also knew that this objective was the only purpose of Defendants n
EFTA00296299
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 22 of 31
Maxwell and Epstein's demand for rAjilies recruitment efforts. As a result,
Plaintiff deliberately refused to perform the recruitment assignment.
57. 5-2,As part of their ongoing scheme, Defendants inflicted serious emotional
and psychological harm on Plaintiff as a means of coercing her to continue engaging
in commercial sex acts with Epstein and others. While Plaintiff was in South
Africa, Defendants Epstein and Maxwell informed Plaintiff that she would not be
permitted to return to the United States to receive her promised education unless she
underwent a diet and lowered her body weight from 57 kilograms
4-5 (approximately 125 pounds) to 52 kilograms (approximately 114 pounds).
Epstein and Maxwell promised Plaintiff that if she complied, she would
receive her promised education. Defendant monitored Plaintiffs
progress in losing weight and continued to communicate with Plaintiff about
Plaintiff's application to be admitted into F.I.T. as part of the Defendants'
ruse to coerce Plaintiff to return to the United States for sex. Defendant =
was aware of the coercion Epstein and Maxwell were applying to Plaintiff and
acted to help further that coercion. Believing she had no practical choice in the
matter, Plaintiff attempted to comply with the order but, given her physical height
and body structure and her already existing-lew body weight, the diet imposed
upon her placed her in serious physical jeopardy, including kidney malfunction
and extreme emotional and psychological distress.
ha
a 53.As part of their scheme,,Defendants Epstein and Maxwell called
Plaintiff-'s parents in South Africa to tell them that DefendentsDefendant Epstein
would take good care of Plaintiff when she returned to the United State; and that
theyDefendants Maxwell and Epstein would use their connections and influence
EFTA00296300
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 23 of 31
to have her admitted to
F.I.T. or another well-regarded fashion school or school of higher learning,
59. As part of their scheme, Epstein and told Plaintiff that she should
fill out an application for admission to F.I.T., and supporting essay_ and send it
to Epstein for his review. Pursuant to these instructions, Plaintiff completed an
armlication, and supporting essay, and sent it to Epstein. As part of his scheme,
Epstein told Plaintiff that he had reviewed these materials. His statements were
intended to convince Plaintiff and had the effect of convincing plaintiff (as they
)vomAl have convinced maimul
nri i that her admission F.I.T. was
ys
41.
I" if she s ul c nt t with i ns. also made the
same representations to plaintiff on Epstein's behalf. Plaintiff reasonably
relied on these representations by Epstein and =,
60. As part of their scheme, Epstein and Maxwell told Plaintiff that they had
contacts at F.LT. and at modeling agencies who could ensure her admission to
F.I.T. and advance Plaintiff's career. As part of their scheme, Epstein and
Maxwell told Plaintiff about Epstein's vast wealth and specifically identified
him as a billionaire. Epstein and Maxwell told Plaintiff that they had extensive
23
contacts, in addition to those identified above, throughout New York City and
elsewhere.
61. 54,In February of 2007, in reliance on promises made by the Defendant;
Plaintiff returned to New York City, in the Southern District of New York, and
EFTA00296301
Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 24 of 31
was promptly ordered by Defendant Maxwell to have sex with Defendant Epstein.
Defendants Maxwell. and Epstein each fraudulently promised
herPlaintiff again that her sexual compliance would be rewarded with admission to
F.I.T. or a comparable college, a promise which they letew-te-be-faiseeach knew to
be false. In fact all four Defendants had for years worked solely to recruit
females for sex and to conceal the operation of the sex scheme, and in 2007 were
under Federal investigation for their conspiracy to engage in Federal sexual
crimes like those committed against Plaintiff. Plaintiff knew that if she did not
comply, Defendants Maxwell and Epstein would use their power, influence and
connections in order to ensure that Plaintiff was unable to gain admission to F.I.T. or
a comparable school, and that they would destroy her career, just as they had
destroyed the careers of others who had failed to comply with their demands.
12a 5-SDefendants Epstein and Maxwell continued to provide Plaintiff with
things of value in exchange for Plaintiff-:s continued compliance with Epsteie
4-6 sexual demands; however, they failed and refused to perform their promises to
help Plaintiff be admitted to F.I.T. or another school, or to provide financial
support for
24
college admission or on-going education, false promises they repeatedly made in
order to coerce her into commercial sex acts.
13.. 5&Defendants Epstein and Maxwell':,_' sexual demands on Plaintiff
continued while she was in New York or other gcographicCity, in the Southern
District of New York, or in other locations in close proximity to the Defendants.
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In addition to their requiring Plaintiff to provide Defendant Epstein with sex acts,
each of the Defendants continued to pressure her to lose excessive amounts of body
weight and offered her no opportunity to decline or resist their instructions.
5-77In May, 2007, Plaintiff left the United States and did not return. Between
returtaSouth Africa Min in May 2007.
Defendants M,a, and Maxwell each continued to repeatedly make
false representations to Plaintiff, including false and fraudulent
representations that she would be admitted to F.I.T. if she continued to engage
in sex with Epstein. Defendant Epstein continued to make similar false and
fraudulent promises in order to have sex with Plaintiff.
65. In and after May 2007, Defendants actively concealed and covered up
what they had done to Plaintiff and other similarly situated females.
Defendant's cover- up included efforts to intimidate witnesses who might
provide corroborating testimony to Plaintiff as well as destruction of
documents and other evidence regarding what they had done.
25
66. 5-8,Unknown to Plaintiff, Defendants' representations and promises to
Plaintiff were all false and fraudulent. Their—threats-,were-considered-byPlaintiff
reasonably relied on the representations and promises of the Defendants.
Plaintiff also considered the Defendants' threats against the current and future
well-being and safety of Plaintiff to be real and credible. All such representations,
promisesa and threats were made solely for the purpose of coercing and otherwise
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inducing Plaintiff into prolonged sexual compliance. Defendants knowingly
benefitted financially and received things of value as a result of their-coercing and
inducing Plaintiff into sexual compliance and otherwise participating in their
illegal venture and enterprise.
COUNT I CAUSE OF ACTION AGAINST DEFENDANTS PURSUANT TO
18 U.S.C.
§ 1595
76 . 49,Plaintiff adopts and realleges paragraphs 1 through 5-86.§ above.
4-7
68, 60,Defendants individually and together, within the special maritime and
territorial jurisdiction of the United States, in interstate and foreign commerce,
and/or affecting interstate and foreign commerce, knowingly recruited, enticed,
harbored, transported, provided, maintained, patronized, solicited, threatened,
forced, and coerced Plaintiff to engage in commercial sex acts. Such actions by
Defendants were undertaken with knowledge and/or reckless disregard of the fact
that their threats of force, fraud, coercion, and combinations of such means would
21
be used, and were in fact used, in order to cause Plaintiff to engage in commercial
sex acts. In so doing, Defendants violated 18 U.S.C. §§1591 through 1594
andW91,
A' 'onallv. Defendants Enstein. Maxwell. and ainatithalLyand
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Case 1:17-cv-00616-JGK Document 45 Filed 06/05/17 Page 27 of 31
together, knowingly concealed, removed, confiscated, and possessed Plaintiff's
passport and associated immieratioulocuments, in the course of violating 18
U.S.C. § 1591, and with the intent of violating 18 U.S.C. § 1591, and to prevent,
restrict, attempt to restrict, without lawful authority, Plaintiff's liberty to move
or travel, in order to maintain the sexual services of Plaintiff, while Plaintiff
was a victim of a severe form of sex trafficking, as defined in section 103 of the
Trafficking Victims Pi ted 2 0, Ilat
cgd in 22 U.S.C.. /0
1 2. In se
doing, Defendants violated 18 U.S.C. § 1592. These Defendants also obstructed,
and attempted to obstruct and to interfere with the enforcement of 18 U.S.C.
1592.
70. Additionally, Defendants knowingly benefitted, financially and by
receiving things of value, from participating in a venture (the Epstein sex
trafficking venture enterprise) which had engaged in acts in violation of 18
U.S.C. § 1592 and 1595(a), knowing that the venture had engaged in such
violations. In so doing, Defendants violated 18 U.S.C. § 1593A.
71. Additionally, Defendants attempted to violate 18 U.S.C. § 1591. In so
dokg,
1 Defendants violated 18 U.S.C. § 1594(a).
27
72. Additionally, Defendants conspired with each other, and with other
persons known and unknown, to violate 18 U.S.C. § 1592. In so doing,
Defendants violated 18 U.S.C. § 1594(b),
73. Additionally, Defendants conspired with each other, and with other
DataSet-10
Unknown
2 pages
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
L.M., )
)
Plaintiff, ) CASE NO.: 502008CA028051XXXXMB
)
vs. )
)
JEFFREY EPSTEIN, )
)
Defendant. )
)
SUBPOENA DUCES TECUM
FOR DEPOSITION
THE STATE OF FLORIDA:
TO: Janusz Banasiak
358 El Brillo Way
West Palm Beach, FL 33401
YOU ARE COMMANDED to appear before a person authorized by law to take
depositions on October 7, 2009 at 2:00 p.m., at Esquire Court Reporters, 515 N
Flagler Dr., West Palm Beach, FL 33401.for the taking of your deposition in this action
and to have with you at that time and place the following:
See Schedule "A" attached.
If you fail to appear, you may be in contempt of court. You are subpoenaed
to appear by the following attorneys and unless excused from this Subpoena by these
attorneys or the Court you shall respond to this Subpoena as directed.
DATED on August , 2009.
Bradley J. Edwards
Rothstein Rosenfeldt Adler For The Court
401 EastLas Olas Blvd
Suite 1650
Fort Lauderdale, Florida 33301
Florida Bar No.:
1
EFTA00774007
Schedule "A"
Documents, writings, agreements, correspondence, schedules, diaries, personal
notes, message pads, names of "masseuses" and all other writings of any kind, related in
anyway to Jeffrey Epstein or your employment with him.
2
EFTA00774008
DataSet-10
Unknown
45 pages
Memorandum
SubjectDate
Re: Operation Leap Year April 30, 2007
ToFrom
R. Alexander Acosta, United States Attorney
Jeff Sloman. First Assistant United States Attorney
M
a, Chief, Criminal Division
MAUSA, Northern Region
, Chief, Northern Region
1. Introduction
This memorandum se sairoval for the attached indictment charging Jeffrey Epstein,
a/k/a JEGE Inc., and Hyperion Air, Inc.
The proposed indictment contains 60 counts and seeks the forfeiture of Epstein's Palm Beach home and
two airplanes. aF
The FBI has information regarding Epstein's whereabouts on May 16th and May 19th and
they would like to arrest him on one of those dates. Epstein is considered an extremely high flight
risk and, from information we have received, a continued danger to the community based upon
his continued enticement of underage girls. For these reasons, we would like to present a sealed
indictment to the Grand Jury on May 15, 2007 , and we would like the presentation of that
indictment and the status of the investigation to remain confidential.
The investigation initially was undertaken by the City of Palm Beach Police Department in
response to a complaint received from the parents of a 14-year-old girl, "Jane Doe #2," from Royal
Palm Beach. When Jane Doe #2 and another girl began fighting at school because the other girl accused
Jane Doe #2 of being a prostitute, one of the school principals intervened. The principal searched Jane
Doe #2's purse and found $300 cash. The principal asked Jane Doe #2 where the money came from.
Jane Doe #2 initially claimed that she earned the money working at "Chik-Fil-A," which no one
believed. Jane Doe #2 then claimed that she made the money selling drugs; no one believed that either.
Jane Doe #2 finally admitted that she had been paid $300 to give a massage to a man on Palm Beach
Island. Jane Doe #2's parents approached the Palm Beach Police Department ("PBPD") about pressing
charges.
PBPD began investi atin the recipient of the massage, Jeffrey Epstein, and two of his assistants,
and . PBPD identified 27 girls who went to Epstein's house to perform
"massage services" (not including one licensed massage therapist). The girls' ages ranged from 14
years' old to 23 years' old. Some girls saw Epstein only once and some saw him dozens of times. The
"massage services" performed also varied. Some girls were fully clothed while they massaged Epstein;
some wore only their underwear; and some were fully nude. During all of these massages, Epstein
masturbated himself and he would touch the girl performing the massage, usually fondling their breasts
and touching their vaginas - either over their clothing or on their bare skin. Epstein often used a vibrator
to masturbate the girls and digitally penetrated a number of them. For the girls who saw him more
often, E stein duated to oral sex and vaginal sex. Epstein sometimes brow ht his assistant/girlfriend,
into the sexual activity. One of the girls described as Epstein's "sex
slave."
On October 18, 2005, PBPD obtained a search warrant with the assistance of the Palm Beach
County State Attorney's Office ("PBSAO"). By this time, PBSAO had already been contacted by
Epstein's cadre of lawyers. When PBPD arrived at Epstein's home two days later (10/20/05) to execute
the search warrant, they found several items conspicuously missing. For example, computer monitors
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and keyboards were found, but the CPUs were gone. Fz Similarly, surveillance cameras were found, but
they were disconnected and the videotapes were gone. Nonetheless, the search did recover some
evidence of value, including message pads showing messages from many girls over a two-year span.
The messages show girls returning phone calls to confirm appointments to "work." Messages were
taken by . and . F3 The search also recovered
numerous photos of Epstein sifting with naked girls whose ages are undetermined.
Photographs taken inside the home show that the girls' descriptions of the layout of the home and
master bedroom/bathroom area are accurate. PBPD also found massage tables and oils, the high school
transcript of one of the girls, and sex toys.
In sum, the PBPD investigation showed that girls from a local high school a would be contacted
by one of Epstein's assistants to make an appointment to "work." Up to three appointments each day
would be made. The girls would travel to E stein's home in Palm Beach where they would meet
Epstein's chef and Epstein's assistant—usually in the kitchen. The assistant normally would
escort the girls upstairs to the master bedroom/bathroom area and set up the massage table and massage
oils. The girl sometimes was instructed to remove her clothing. The assistant would leave and Epstein
would enter the room wearing a robe or a towel. He would remove the clothing and lie face down and
nude on the massage table. Epstein would then instruct the girl on what to do and would ask her to
remove her clothing. After some time, Epstein would turn over, so that he was lying face up. Epstein
would masturbate himself and fondle the girl performing the massage. When Epstein climaxed, the
massage was over, and the girl was instructed to get dressed and to go downstairs to the kitchen while
Epstein showered. Epstein's assistant would be in the kitchen and the girl would be paid—usually $200-
and if it was a "new" girl, the assistant would ask for the girl's phone number to contact her in the
future. Fs Girls were encouraged to find other girls to bring with them. If a girl brought another girl to
perform a "massage," each girl would receive $200.
The PBPD investigation consists primarily of sworn taped statements from the girls. When
PBPD began having problems with PBSAO, they approached the FBI. The investigation was formally
presented to FBI and to me after PBSAO "presented" the case to a state grand jury and that grand jury
returned an indictment charging Epstein with three counts of solicitation of prostitution.
Once I determined that there were federal statutes violated, FBI, ICE, and I opened files. The
federal investigation has focused on the interstate nexus required for all of the federal violations, so a
number of grand jury subpoenas were issued for telephone records, flight manifests, and credit card
records. The federal agents also re-interviewed some of the girls, but limited their questions to "new"
topics, such as the specific means of contact, to avoid creating inconsistent Jencks materials. The agents
also delved into Epstein's history and interviewed others and obtained records to corroborate the girls'
stories. FBI also interviewed girls who came forward after the PBSAO indictment was reported in the
papers, and additional girls identified through those interviews.
I will first address the different crimes with which Epstein can be charged, setting forth the
elements of those offenses and the types of evidence that I intend to use to satisfy those elements.
Second, I will summarize the evidence related to each girl who has been identified as a potential victim
in this case.
Following the discussion of the girls' statements and evidence, there is a discussion of the
evidence from other witnesses, including corroborating evidence and information related to Epstein's
background. The last section discusses forfeiture.
II. The Law of the Offenses Charged
Epstein's conduct violates a number of federal statutes, all of which are discussed herein. None
of the statutes or their penalties changed during the time period charged (early 2004 through mid-2005),
although many have changed since then. I use the language of the statutes as they appeared while
Epstein was committing the offenses.
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In addition to conspiracy charges, there are five statutes related to sexual activity that have been
violated. First, Epstein traveled in interstate commerce with the intent to engage in illicit sexual
conduct, in violation of 18 U.S.C. § 2423(b). Second, Epstein and his assistants used a facility of
interstate commerce to induce or entice minors to engage in prostitution and sexual activi for which
any person can be charged, in violation of 18 U.S.C. § 2422(b). Third, Epstein transported
in interstate commerce with the intent that engage in sexual activity for which a person can
be charged, in violation of 18 U.S.C. § 2421. For these three offenses, knowledge of the victim's age
does not need to be proven, although a reasonable belief that a person is over 18 is an affirmative
defense to a limited portion of § 2423(b).
In those instances where Epstein and/or the assistants knew the ages of the girls (or had reason to
know their ages but willfully blinded themselves to that knowledge), they can be char ed with sex
traffickin , in violation of 18 U.S.C. § 1591(a)(1). In such instances, and
also can be charged with benefitting from their participation in a venture engaged in human
sex trafficking, in violation of 18 U.S.C. § 1591(a)(2).
Epstein and his assistants also can be charged with causing a money transmitting business to
transmit funds intended to be used to promote or support unlawful activity, in violation of 18 U.S.C. §
1960(a).
A. Violations of the Mann Act: 18 U.S.C. §§ 2421-2423
1. Knowledge of Age Is Not Required.
The Mann Act criminalizes traveling in interstate commerce to engage in "illicit sexual conduct,"
(§ 2423(b)), using a facility of interstate commerce to entice a minor to engage in sexual activity or
prostitution (§ 2422(b)), and transporting a person to engage in sexual activity (§ 2421). Sections
2423(b) and 2422(6) require a minor victim, but they do not require that the defendant know that the
victim is a minor.
For example, in December, the Fourth Circuit issued its opinion in United States v. Jones , 471
F.3d 535 (4th Cir. 2006). Jones was charged with transporting a minor across state lines for sexual
purposes, in violation of Section 2423(a), which reads:
A person who knowingly transports an individual who has not attained the age of 18 years
in interstate or foreign commerce . . . with intent that the individual engage in prostitution,
or in any sexual activity for which any person can be charged with a criminal offense,
shall be fined under this title and imprisoned not less than 5 years and not more than 30
years.
Jones argued that the term "knowingly" in that section required the Government to prove that Jones
knew the age of the victim. The Fourth Circuit soundly rejected the argument, citing the other circuits
reaching the same conclusion. Jones , 471 F.3d at 538-39 (citing United States v. Griffith , 284 F.3d
338, 351 (2d Cir. 2002); United States v. Taylor , 239 F.3d 994, 997 (9th Cir. 2001); United States v.
Scisum , 32 F.3d 1479, 1485-86 (10th Cir. 1994); United States v. Hamilton , 456 F.2d 171, 173 (3d Cir.
1982)). Instead, the court concluded that the Government need only prove that the defendant
"knowingly transported" someone. The Government must also prove that the person transported was, in
fact, a minor, but need not prove that the defendant was aware of her minority. In conducting its
analysis, the Jones Court relied upon cases interpreting sections of Title 21 relating to the distribution of
drugs to a minor. See Jones at 540. Those cases have held that the Government must prove only that
the defendant knowingly distributed the narcotics to someone who happened to be underage.
While the Eleventh Circuit has not addressed the question posed by Jones , it has addressed 21
U.S.C. § 861(a)(3) and has reached the same conclusion in approving the district court's instructions to
the jury:
Section 845 of 21 U.S.C.A. provides that anyone who knowingly or intentionally
distributes controlled substances to a person under twenty-one is subject to enhanced
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penalties. . . . [T]he court instructed the jury that it is not an essential element of the
crime that the person who distributes be knowledgeable that the person to whom he
distributes is under twenty-one years old; it is the distribution that must be knowing,
although it is an essential element that the person to whom the distribution is made is
under twenty-one.
United States v. Pruitt , 763 F.2d 1256, 1261 (11th Cir. 1985). In reaching this decision, the Eleventh
Circuit relied upon the Third Circuit's Hamilton decision, supra :
There is, however, a precise analogue to this statute, 18 U.S.C.A. § 2421 et seq. (White
Slave Traffic Act), which prohibits the interstate transportation of persons in order to
engage in immoral practices including prostitution, and which provides enhanced penalties
for the knowing transportation of persons under the age of eighteen years. Under this
statute, knowledge of the victim's age is not an element of the crime; the "knowing"
component applies to the transportation itself.
Id. at 1262 (citing Hamilton ). See also United States v. Williams , 922 F.2d 737, 739 (11th Cir. 1991)
(using same rationale to decide that Government need not prove knowledge of age for a charge of
knowingly employing, using, persuading, inducing, enticing, or coercing a person under eighteen years
of age in the commission of a drug offense).
In United States v. Taylor , 239 F.3d 994 (9th Cir. 2001), the Ninth Circuit addressed a
defendant's assertion that knowledge of minority is required to convict him of transporting a minor for
purposes of prostitution. The Ninth Circuit held that the "more natural reading of the statute, however,
is that the requirement of knowledge applies to the defendant's conduct of transporting the person rather
than to the age of the person transported." Id. at 997. In Taylor , the defendant argued that the court
should analogize the statute to the transportation of hazardous waste, which requires a showing that the
defendant knew the waste was hazardous. The Ninth Circuit rejected that suggestion:
in contrast, the transportation of any individual for purposes of prostitution or other
criminal sexual activity is already unlawful under federal law. 18 U.S.C. § 2421. Under
18 U.S.C. § 2423(a), the fact that the individual being transported is a minor creates a
more serious crime in order to provide heightened protection against sexual exploitation of
minors. As Congress intended, the age of the victim simply subjects the defendant to a
more severe penalty in light of Congress' concern about the sexual exploitation of minors.
Cf. United States v. Figueroa , 165 F.3d 111, 115 (2d Cir. 1998) (noting that, if a criminal
statute's language is unclear, its scienter requirement is presumed to be met once an
individual forms the requisite intent to commit some type of crime).
. . . Ignorance of the victim's age provides no safe harbor from the penalties in 18 U.S.C. §
2423(a). If someone knowingly transports a person for the purposes of prostitution or
another sex offense, the transporter assumes the risk that the victim is a minor, regardless
of what the victim says or how the victim appears .
Id. (emphasis added; additional internal citations omitted). Cf. United States v. Wild , 143 Fed. Appx.
938, 942 (4th Cir. 2005) (the parties agreed that, to prove a violation of § 2423(a), the United States had
to show that (1) the defendant transported the victim in interstate commerce; (2) the defendant did so
knowingly and with the intent that the victim engage in prostitution; and (3) the victim was under the
age of 18 at the time she was transported).
This reading finds additional support in the Mann Act itself using the doctrine of "expressio
unius est exclusio alterius" (to express or include one thing implies the exclusion of the other). Section
2423(g) creates an affirmative defense to one portion of a violation of Section 2423(b). For purposes of
that subsection alone, a defendant may raise an affirmative defense, which he must prove, that the
defendant "reasonably believed that the person with whom the defendant engaged in the commercial sex
act had attained the age of 18 years." 18 U.S.C. § 2423(g). The inclusion of that affirmative defense
EFTA00229864
shows that Congress considered the issue and decided that the United States does not have to make an
initial showing of knowledge of age for violations of 2423(b). Congress likewise considered the same
issue for the other portions of the Mann Act and reached the same conclusion. If Congress had intended
to place the burden of proving age on the United States — or if it had decided that it should create an
affirmative defense to those charges — it could have done so. Congress' use of similar offense language
for the other sections of the Mann Act shows that Congress likewise did not intend to require proof of
knowledge of age to violate those sections either. See Gustafson v. Alloyd Co., Inc. , 513 U.S. 561, 570
(1995) (noting the "normal rule of statutory construction" that "identical worth used in different parts of
the same act are intended to have the same meaning").
In United States v. Scott , 999 F.2d 541, 1993 WL 280323 (6th Cir. 1993), the defendant argued
that the Mann Act was unconstitutional for failing to include a requirement that the Government prove
the defendant's knowledge of the age of the minor. The Sixth Circuit rejected the argument. First, it
found that "[k]nowledge that a girl is under 18 years of age when transported interstate is not part of the
proof required of the government in order to sustain a conviction under 18 U.S.C. § 2423. The
government proved, as it must, that [the victim] was in fact a minor at the time of the interstate
transportation . . . The Mann Act does not require more." Id. , 1993 WL 280323 at *6 (citation
omitted). The Sixth Circuit then stated:
it does not offend due process for Congress to draft a statute that does not require the
prosecution to show that a defendant believed the victim to be under the age of 18 when
she was transported interstate, because the law has traditionally afforded minors
substantial protection from others. . . . Similarly, the Constitution does not require that a
defendant be provided a defense of mistake of age when accused of a Mann Act violation
involving a minor.
Id. (citations omitted).
This approach is consistent with the law of statutory rape, which generally holds that a
defendant's good faith mistake as to the victim's age is no defense. In United States v. Ransom , 942
F.2d 775 (10th Cir. 1991), the Tenth Circuit addressed a federal statutory rape provision, which
provides: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a
Federal prison, knowingly engages in a sexual act with another person who has not attained the age of
12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or
both." Id. at 775 (quoting 18 U.S.C. § 2241(c)). The defendant asserted that a "reasonable mistake as
to age defense" should be read into the statute or, alternatively, that the statute was unconstitutional for
failing to include such a defense. The Tenth Circuit rejected the arguments, noting that "the majority of
courts that have considered the issue have rejected the reasonable mistake of age defense to statutory
rape absent some express legislative directive." Id. (citations omitted). Further, the "Supreme Court
has recognized that the legislature's authority to define an offense includes the power `to exclude
elements of knowledge and diligence from its definition.'" Id. (quoting Lambert v. California , 355
U.S. 225, 228 (1957)). The Tenth Circuit also agreed with the legislative history, finding that the statute
"protects children from sexual abuse by placing the risk of mistake as to a child's age on an older, more
mature person who chooses to engage in sexual activity with one who may be young enough to fall
within the statute's purview." Id. at 777 (citing Nelson v. Moriarty , 484 F.2d 1034, 1035 (1st Cir.
1973)). The Ninth Circuit addressed similar arguments in United States v. Juvenile Male , 211 F.3d
1169 (9th Cir. 2000), and reached the same conclusions.
As discussed in Ransom , Epstein and his assistants were the "older, more mature person[s]" who
chose to engage in sexual activity and prostitution with young girls. The risk of mistake regarding the
ages of those victims should lie with the targets.
2. Coercion and Enticement: 18 U.S.C. § 2422 [Counts 5 to 161
Whoever, using the mail or any facility or means of interstate . . . commerce, . . .
knowingly persuades, induces, [or] entices . . . any individual who has not attained the age
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of 18 years, to engage in prostitution or any sexual activity for which any person can be
charged with a criminal offense, or attempts to do so, shall be fined under this title and
imprisoned not less than 5 years and not more than 30 years.
18 U.S.C. § 2422(b).
The United States must show either:
First: That the Defendant knowingly used a facility of interstate commerce to persuade, induce,
or entice a person to engage in prostitution; and
Second: That the person so persuaded was under the age of 18;
or
First: That the Defendant knowingly used a facility of interstate commerce to persuade, induce,
or entice a person to engage in sexual activity;
Second: That the person so persuaded was under the age of 18; and
Third: That the Defendant could have been charged with a criminal offense under the law of
Florida based upon the sexual activity. aa
The statute does not define "facility or means of interstate commerce" or "prostitution."
a. A telephone is a "facility of interstate commerce."
The Eleventh Circuit has ruled that evidence of the use of a telephone satisfies the element of
using a facility or means of interstate commerce. United States v. Drury , 396 F.3d 1303, 1311 (11th
Cir. 2005) (the term "facility of interstate commerce . . . establishes federal jurisdiction whenever any
"facility of interstate commerce" is used in the commission of [the] offense, regardless of whether the
use is interstate in nature ( i.e. , the telephone call was between states) or purely intrastate in nature ( i.e.
, the telephone call was made to another telephone within the same state)."). In Drury , the defendant
used his land-line telephone to call an undercover agent's cellular telephone. Although both the
defendant and the agent were in Georgia, the signals to the agent's cell phone had to pass through
VoiceStream's Jacksonville, Florida switching center. The defendant argued that he did not know or
intend that the call pass in interstate commerce. The Eleventh Circuit was unpersuaded:
The calls were not accidentally or incidentally placed, but rather were made knowingly to
further a scheme. . . . Accordingly, whether Drury knew or intended that they would travel
across state lines is immaterial.
Id. at 1313. In Drury , the Eleventh Circuit did not address whether the district court erred by
instructing the jury that telephones are "facilities in interstate commerce." In an unpublished decision
from last year, the Eleventh Circuit wrote, in dicta , that there was no error in instructing a jury that "the
telephone system was a facility of interstate commerce." United States v. Roberts , 2006 WL 827293
n.1 (11th Cir. Mar. 30, 2006). See also United States v. Strevell , 2006 WL 1697529, *3 (11th Cir. June
20, 2006) (finding that a defendant's placing of "numerous phone calls from Philadelphia to Miami in
order to arrange his sexual encounter" was sufficient to prove the use of a facility and means of
interstate and foreign commerce).
Earlier this year, the Eleventh Circuit found that the United States adequately proved the
jurisdictional element of § 2422(b) when evidence was introduced that the defendant used both a
cellular telephone and a land-line telephone to entice a minor to engage in prostitution, even though no
evidence was introduced that the calls were routed through interstate channels. United States v. Evans ,
476 F.3d 1176, 1180 (11th Cir. 2007). The Eleventh Circuit then held:
Telephones and cellular telephones are instrumentalities of interstate commerce. Evans's
use of these instrumentalities of interstate commerce alone, even without evidence that the
calls he made were routed through an interstate system, is sufficient to satisfy § 2422(b)'s
interstate-commerce element.
Id. at 1180-81 (citations omitted).
b. "Prostitution"
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As noted above and discussed more thoroughly below, almost none of the girls engaged in
traditional sexual intercourse with Epstein. The common activity included allowing Epstein to fondle
the girl while he masturbated himself, Epstein's digital penetration of the girl, and Epstein's use of a
vibrator on the girl while he masturbated himself. It is clear that this activity was done in exchange for
money, but the defense will likely argue that some of the activity was not "sexual enough" to qualify as
"prostitution."
Title 18 carries no definition of "prostitution." In United States v. Prince , the Fifth Circuit
approved of the generic definition "sexual intercourse for hire" where the West Virginia statues also
lacked a definition. Prince , 515 F.2d 564, 566 (5th Cir. 1975). F9 In 1946, the Supreme Court defined
prostitution as the "offering of the body to indiscriminate lewdness for hire." Cleveland v. United
States , 329 U.S. 14, 17 (1946). Black's Law Dictionary contains several definitions of prostitution:
Prostitution: Act of performing, or offering or agreeing to perform a sexual act for hire.
Engaging in or agreeing or offering to engage in sexual conduct with another person
under a fee arrangement with that person or any other person. Includes any lewd act
between persons for money or other consideration. Within meaning of statute proscribing
prostitution, comprises conduct of all male and female persons who engage in sexual
activity as a business.
Black's Law Dictionary (6th Ed. 1990) at 1222. The term "lewd" is especially broad, and probably
covers all of the acts described below.
The district court may decide to limit the term to the definition contained in Florida law. The
Florida Statutes define prostitution as "the giving or receiving of the body for sexual activity for hire . .
." Fl. Stat. § 796.07(1)(a) (2004). _FIO Sexual activity, in turn, means "oral, anal, or vaginal penetration
by, or union with, the sexual organ of another, anal or vaginal penetration of another by any other object;
or the handling or fondling of the sexual organ of another for the purpose of masturbation . . ." Fl. Stat.
§ 796.07(1)(d). If this definition is used, those instances where the girls remained clothed and where
Epstein did not fondle the girls' vaginas would probably fall outside the definition of "prostitution." Fil
c. "Any sexual activity for which any person can be charged with a criminal
offense"
Section 2422 outlaws both the use of a facility of interstate commerce to entice a minor to engage
in prostitution and the use of that facility to entice a minor to engage in "any sexual activity for which
any person can be charged with a criminal offense." According to the Eleventh Circuit Pattern Jury
Instruction, the determination of what sexual activity is criminal is governed by Florida law.
Florida law bars a person from procuring anyone under the age of 18 to engage in prostitution or
to cause a minor to be prostituted. Fl. Stat. § 796.03 (2004). Florida also defines four categories of
lewd or lascivious offenses that criminalize behavior between adults and children under the age of 16 :
1. "Lewd or lascivious battery" occurs when an adult le]ngages in sexual activity -FI2 with a
person 12 years of age or older but less than 16 years of age." Fl. Stat. § 800.04(4)(a) (2004).
2. "Lewd or lascivious molestation" occurs when an adult "intentionally touches in a lewd or
lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a
person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the
perpetrator." Fl. Stat. § 800.04(5)(a) (2004).
3. "Lewd or lascivious conduct" occurs when a person intentionally touches a person under 16
years of age in a lewd or lascivious manner or solicits a person under the age of 16 to commit a lewd or
lascivious act. Fl. Stat. § 800.04(6)(a) (2004).
4. "Lewd or lascivious exhibition" occurs when a person intentionally masturbates or exposes his
genitals in a lewd or lascivious manner in the presence of a victim who is less than 16 years of age. Fl.
Stat. § 800.04(7)(a) (2004). F13
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All of these offenses are classified as second degree felonies when perpetrated by an adult. Fl. Stat. §§
800.04, 800.04(5)(c)(2), 800.04(6)(b), 800.04(7)(c) (2004).
Section 800.04 affirmatively bars two defenses to these charges. First, "[n]either the victim's
lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section." Fl. Stat. §
800.04(2) (2004). Second, the "perpetrator's ignorance of the victim's age, the victim's
misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be
raised as a defense in a prosecution under this section." Fl. Stat. § 800.04(3) (2004).
Florida law also bars "sexual activity" between adults over the age of 24 and minors who are 16
or 17 years' old. Fl. Stat. § 794.05(1) (2004). In those cases, "sexual activity" is defined as "oral, anal,
or vaginal penetration by, or union with, the sexual organ of another." Id. With this offense, ignorance
of the victim's age, misrepresentation of the victim's age, and a bona fide belief that the victim is over
the age of 17 are not defenses. Fl. Stat. § 794.021 (2004).
d. Charging Decisions
Due to the differences in these statutes, for girls who were under the age of 16, I have charged
instances of enticement to engage in sexual activity for which a person may be prosecuted and
enticement to engage in prostitution. For girls who were 16 or 17 at the time, I have charged only
enticement to engage in prostitution, unless the conduct with the particular girl rises to the level of
"sexual activity" as defined in Fl. Stat. § 800.04(1)(a).
e. Conspiracy to Violate Section 2422(b) [Count 1]
Unlike most of the other statutes discussed herein, Section 2422(b) does not include its own
conspiracy prohibition. Accordingly, a conspiracy to violate Section 2422(b) requires the allegation of a
Section 371 conspiracy. While, generally speaking, it is nice to avoid the trouble of alleging a 371
conspiracy, in this case it actually may work to our benefit. First, it allows us to set forth in the
indictment, in painstaking detail, the scope of the conspiracy. Second, it allows us to allege as "overt
acts," items that might otherwise be excluded pursuant to Fed. R. Evid. 404(b). For example, if Epstein
and his assistants engaged the services of an eighteen-year-old girl ("A") to perform a sexual massage
on Epstein, that could not be charged as a substantive offense. But, if A was asked to bring additional
girls and A later brought Epstein girls who were under eighteen, then the activities with A were overt
acts in the conspiracy. Fla
f. Penalties and Forfeiture
The charged offenses occurred before the enactment of the Adam Walsh Act, so each count
carries a sentence of 5 to 30 years in prison, supervised release of up to life, and a $250,000 fine.
The current version of 18 U.S.C. § 2428 states that the Court, in imposing sentence, " shall order,
in addition to any other sentence imposed . . . that such person shall forfeit to the United States — (1)
such person's interest in any property, real or personal, that was used or intended to be used to commit
or to facilitate the commission of such violation[.]" Applying this language, Epstein's Palm Beach
home and the two airplanes that he used to travel to West Palm Beach are subject to forfeiture.
Section 2428 went into effect on January 10, 2006, so unless we can show activity continuing
past that date, it will not apply. For the relevant time period (2004 to late 2005), criminal forfeiture was
governed by 18 U.S.C. § 2253(a), which states:
[a] person . . . who is convicted of an offense under section 2421, 2422, or 2423 of chapter
117, shall forfeit to the United States such person's interest in — . . . (3) any property, real
or personal, used or intended to be used to commit or to promote the commission of such
offense.
This language also should apply to Epstein's Palm Beach home and the two airplanes.
The charge of conspiracy to violate Section 2422 carries a penalty of only 5 years in prison
because it must be charged as a Section 371 conspiracy, and there is no provision for forfeiture of the
relevant property.
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3. Traveling with Intent to Engage in Illicit Sexual Conduct: 18 U.S.C. § 2423(6)
[Counts 17 to 50]
A person who travels in interstate commerce . . . for the purpose of engaging in any illicit
sexual conduct with another person shall be fined under this title or imprisoned not more
than 30 years, or both.
18 U.S.C. § 2423(b).
Thus, the United States must prove that Epstein knowingly traveled in interstate commerce and
that he did so for the purpose of engaging in illicit sexual conduct, as defined below.
a. Proof of intent to travel
In Appendix C, Epstein's attorneys assert that Epstein's trips to Florida were not undertaken for
the sole purpose of engaging in illicit sexual conduct—he traveled just to visit his home and attend
meetings, etc.— and, therefore, he lacked the requisite intent to violate Section 2423(b).
The Eleventh Circuit has held that, in order to be convicted of violating Section 2423(b), the
United States must prove that the defendant "had formed the intent to engage in sexual activity with a
minor when he crossed state lines." United States v. Hersh , 297 F.3d 1233, 1246 (11th Cir. 2002).
See also United States v. Han , 230 F.3d 560 (2d Cir. 2000) (defendant could be convicted of violating
Section 2423(b) even though no sexual activity occurred and "minor" was really an undercover officer
because the defendant had formed the necessary intent by developing a plan to cross state lines to
engage in sexual acts with the minor); United States v. Root , 296 F.3d 1222, 1231-32 (11th Cir. 2002).
Just a few weeks ago, the Eleventh Circuit addressed for the first time the issue of a "combined
motive" for traveling, and approved the following instruction:
the Government [] does not have to show that engaging in criminal sexual activity with a
minor was the Defendant's only purpose, or even his primary purpose, but the
Government must show it was one of the purposes for transporting the minor or for the
travel. In other words, the Government must show that the Defendant's criminal purpose
was not merely incidental to the travel.
United States v. Hoschouer , F.3d 2007 WL 979931, *1 (11th Cir. Apr. 3, 2007).
The decision of the Eleventh Circuit was consistent with every other circuit that has addressed
the issue:
It is not necessary for the government to prove that the illegal sexual activity was the sole
purpose for the transportation. A person may have several different purposes or motives
for such travel, and each may prompt in varying degrees the act of making the journey.
The government must prove beyond a reasonable doubt, however, that a significant or
motivating purpose of the travel across state or foreign boundaries was to have the
individual transported engage in illegal sexual activity. In other words, the illegal sexual
activity must have not been merely incidental to the trip.
United States v. Hayward, 359 F.3d 631, 637-38 (3d Cir. 2004). See also United States v. Garcia-Lopez
, 234 F.3d 217, 220 (5th Cir. 2000) (The district court did not err in instructing the jury that "it was
sufficient for the Government to prove that one of the [the defendant's] motives in traveling was to
engage in a sexual act with a minor."); United States v. Yang , 128 F.3d 1065, 1072 (7th Cir.1997);
United States v. Meacham , 115 F.3d 1488, 1495 (10th Cir.1997); United States v. Sirois , 87 F.3d 34, 39
(2d Cir.1996); United States v. Campbell, 49 F.3d 1079, 1082-83 (5th Cir.1995) ("[I]t is not necessary
to a conviction under the [Mann] Act that the sole and single purpose of the transportation of a female in
interstate commerce was such immoral practices."); United States v. Ellis , 935 F.2d 385, 389-90 (1st
Cir.1991) (jury could consider that defendant's personal motive for bringing minor on interstate family
vacations and business trips was to have her available for sexual abuse even though there were other
purposes for the trips); United States v. Snow , 507 F.2d 22, 24 (7th Cir.1974); United States v. Harris ,
480 F.2d 601, 602 (6th Cir.1973); United States v. Cole , 262 F.3d 704, 709 (8th Cir. 2001) ("The illicit
EFTA00229869
behavior must be one of the purposes motivating the interstate transportation, but need not be the
dominant purpose," and a defendant's intent may be inferred from all of the circumstances) (citations
omitted).
As will be explained below, for each substantive count of violating § 2423(6), we have evidence
that Epstein or one of his assistants called a girl a day or two before traveling to Florida, and called
again while he was in Florida. The evidence consists of cell phone records for the assistants and the
girls, the message pads recovered from the search of Epstein's home and from trash pulls, the flight
manifests from Epstein's private planes, and testimony from the girls about how the appointments were
made.
b. Illicit Sexual Conduct
The United States must prove that one of the purposes of the defendant's travel was to engage in
"illicit sexual conduct." "Illicit sexual conduct" means:
(1) a sexual act (as defined in section 2246) with a person under 18 years of age that
would be in violation of chapter 109A if the sexual act occurred in the special maritime
and territorial jurisdiction of the United States; or (2) any commercial sex act (as defined
in section 1591) with a person under 18 years of age.
18 U.S.C. § 2423(f).
(I) A "sexual act"
Title 18, United States Code, Section 2246(2) defines "sexual act" as:
(A) contact between the penis and the vulva or the penis and the anus, and for purposes of
this subparagraph contact involving the penis occurs upon penetration, however, slight;
(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and
the anus;
(C) the penetration, however slight, of the anal or genital opening of another by a hand or
finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person; or
(D) the intentional touching, not through the clothing, of the genitalia of another person
who has not attained the age of 16 years with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any person.
And Chapter 109A states: "Whoever, in the special maritime and territorial jurisdiction of the United
States or in a Federal prison, knowingly engages in a sexual act with another person who — (1) has
attained the age of 12 years but has not attained the age of 16 years; and (2) is at least four years
younger than the person so engaging; or attempts to do so" has committed a federal offense.
Thus, for purposes of this case, when the victim is under the age of 16, and Epstein either
digitally penetrated the girl or used a vibrator on her vagina, I have alleged that the defendant has
violated Section 2423(b) when he traveled in interstate commerce for the purpose of engaging in a
sexual act as defined in this statute.
(ii) A "commercial sex act"
"The term `commercial sex act' means any sex act, on account of which anything of value is
given to or received by any person." 18 U.S.C. § 1591(c)(1). The statute does not go on to define "sex
act," but the legislative history of this statute makes clear that the term is to be read very broadly. The
term "commercial sex act" replaced the term "prostitution" in an earlier version of the statute.
Section 1591 was enacted as part of the "Victims of Trafficking and Violence Protection Act of
2000." Pub. L. 106-384, 114 Stat. 1464. In drafting that legislation, Congress noted: "The sex industry
has rapidly expanded over the past several decades. It involves sexual exploitation of persons,
predominantly women and girls, involving activities related to pmstitution , pornography, sex tourism,
and other commercial sexual services ." Id. at § 102(b)(2). The highlighted language shows that
"commercial sexual services" is a broader term than "prostitution," and is meant to include prostitution,
the creation of pornography, and other [undefined] acts.
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When the Sentencing Commission amended the Sentencing Guidelines to correspond with this
new legislation, it replaced the term "prostitution" with "commercial sex acts" in the heading of part G
of Section 2 and throughout that section. The Commission gave a stated reason for the amendment:
This amendment ensures that appropriately severe sentences for sex trafficking crimes
apply to commercial sex acts such as production of child pornography, in addition to
prostitution . . It proposes several changes to § 2G1.1 . . . to address more adequately the
portion of section 112(b) of the Victims of Trafficking and Violence Protection Act of
2000 . . . The amendment proposes three substantive changes to § 2G1.1. First, this
amendment broadens the conduct covered by the guideline beyond prostitution to
encompass all commercial sex acts, consistent with the scope of the Act.. . .
U.S.S.G. App. C, Vol II, Amendment 641 (emphasis added).
The reference to child pornography is especially helpful to us, because the child pornography
statutes use the term "sexually explicit conduct," which is extremely broad, and includes masturbation
and the "lascivious exhibition of the genitals or pubic area of any person." 18 U.S.C. § 2256(2)(A).
c. Charging Decisions
For girls who were under the age of 16, I have charged instances of travel with the intent to
engage in a "sexual act" with a girl under the age of 16 and travel to engage in a "commercial sex act"
with a minor. For girls who were 16 or 17 at the time, I have charged only travel to engage in a
"commercial sex act." I also have elected to treat all of these sexual massages as "commercial sex acts"
regardless of whether there was any penetration. Epstein exchanged money for the opportunity to view
underage girls in various states of undress and to masturbate in front of them. As described by the girls,
Epstein received sexual gratification from the experience and he constantly tried to "push the envelope"
to convince the girls to become more and more sexual. As . described, when a girl refused to let
Epstein touch her, Epstein "down-promoted her" to become a recruiter.
d. Conspiracy [Count 21
Section 2423(e) creates a separate offense for conspiring to violate Section 2423(b), so the
indictment will contain a single conspiracy count, without the allegation of overt acts, for the entire
period of the conspiracy.
e. Additional Ancillary Offense [Count 31
The statute contains an additional ancillary offense making it illegal, for the purpose of
commercial advantage or private financial gain, to arrange, induce, procure, or facilitate the travel of a
person knowing that such person is traveling in interstate commerce for the purpose of engaging in
illicit sexual conduct. 18 U.S.C. § 2423(c). One of job responsibilities, for which she was paid
handsomely, was to arrange both the ailments with the underage girls and also to arrange Epstein's
travel. Epstein's pilots testified that was the person who would call them to have them at the
airport alien time and who would tell them where they would be traveling to. Accordingly, I have
charged alone with a single count of violating § 2423(c).
f. The Affirmative Defense Regarding Knowledge of Age
Section 2423(g) provides that in "a prosecution under this section based on illicit sexual conduct
as defined in subsection (O(2), it is a defense, which the defendant must establish by a preponderance of
the evidence, that the defendant reasonably believed that the person with whom the defendant engaged
in the commercial sex act had attained the age of 18 years." So, for those allegations involving
commercial sex acts with 16- and 17-year-old girls, the defendant can come forward and present
affirmative evidence that he reasonably believed that the girls were 18 or older. The defense cannot be
asserted for the sex acts with girls under the age of 16.
Congress's decision to include an affirmative defense to part of the statute shows that it has
considered the issue and determined that the Government does not have to prove that the defendant
EFTA00229871
knew the victims were underage for the other portions of the statute. This is consistent with the cases
interpreting various sections of the Mann Act.
Thus, for those instances where we know that a 16- or 17-year-old girl affirmatively told Epstein
that she was 18 — and it would have been reasonable for Epstein to believe that statement — I have not
charged Epstein with violating 2423(b).
g. Penalties and forfeiture
A violation of section 2423, including the conspiracy provision of 2423(e), has no mandatory
minimum sentence, and the maximum sentence is 30 years in prison, lifetime supervised release, and a
$250,000 fine. As explained above, for the relevant time period (2004 to late 2005), criminal forfeiture
was governed by 18 U.S.C. § 2253(a), which also applies to violations of section 2423.
4. Transportation of an Individual to Engage in Sexual Activity: 18 U.S.C. § 2421
[Counts to 1
Whoever knowingly transports any individual in interstate or foreign commerce . . with
intent that such individual engage in prostitution, or in any sexual activity for which any
person can be charged with a criminal offense, or attempts to do so, shall be fined under
this title or imprisoned not more than 10 years, or both.
18 U.S.C. § 2421. This traditional "Mann Act" section can be used to charge Epstein alone with
transporting his girlfriend, from New York to Florida to en age in sexual activity
with one of the girls. As will be explained below, one of the victims, ., estimates that she
engaged in sexual activi Epstein "hundreds of times." . reports that, at some oint,
Epstein agreed to pay more money if she would enga e in sexual activity with
while Epstein watched. Some of this activity occurred before . turned 18 and some occurred
afterw
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1 pages
From: "jeffrey E."
To: "Martin G. Weinberg"
Subject: Re: ATTORNEY-CLIENT PRIVILEGE
Date: Sun, 21 Dec 2014 20:32:19 +0000
no urgency . 11 07 is after we signed and appealed to wash. can't you just download and email.? in a pdf form?
On Sun, Dec 21, 2014 at 4:27 PM, Martin G. Weinberg < > wrote:
Reviewed GJ disclosures in initial FOIA disc:
Largely redacted (If we are considering an appeal on redactions I can analyze the exceptions that are claimed (and
noted beside each redaction), did not want to do the analysis without first discussing the overall strategy on this issue
2 federal GJs — the first (GJ 05-02) starting around 8-2-06 (issuance of suboenas) and ending in 1-07, the second GJ 07-
103 extending through July of 2007. Many documents subpoenas issued by both GJs. All names redacted. Almost all
subpoenas served by FBI, 1 by DHS/ICE (homeland security probably for intemat'l travel recs), 1 by USAO, one faxed to
the 205 area code (Alabama). The most meaningful document was an FBI Memo dated 11-28-07 (pg 118-124 of 162)
reflecting two FBI investigations, the first opened by Palm Beach, including phone recs, travel recs (127 trips in 2 yrs
in/out of WPB), tracking who was on flights from manifests, charting associations, message pads, trash pulls during yrs
of PB investigation which FBI says was referring agency.
I intend to review 2d disc later today (214 pgs, not GJ so not parallel FOIA rights to complete redaction of detail). Where
will you each be Wed for Fedex?? Jeffrey, If its important I could drive disc to office tonite to have copied, fed-exed
tomorrow for Tuesday delivery. Will have better assessment of contents later today.
please note
The information contained in this communication is
confidential, may be attorney-client privileged, may
constitute inside information, and is intended only for
the use of the addressee. It is the property of
JEE
Unauthorized use, disclosure or copying of this
communication or any part thereof is strictly prohibited
and may be unlawful. If you have received this
communication in error, please notify us immediately by
return e-mail or by e-mail to jeevacation®gmail.com, and
destroy this communication and all copies thereof,
including all attachments. copyright -all rights reserved
EFTA01003001
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The press headlines of "sex slave" "sex ring",.sex predator. are all tabloid fictions meant to sell
newspapers. nothing more. It was widely reported I was his sex slave. There is nothing further from the
truth. Jeffrey met me when I was fully, and technically and adult. He was generous kind and funny. Claims
of him purchasing me from my parents are obviously a delusion of some loser- male reporter A
Jeffrey Epstein never testified on his own behalf, never! his lawyers actually made no attempt in the
press to explained the facts, they merely argued whether the laws, that were clearly tortured beyond
recognition in order to fit his behavior into a federal crime, applied . Testifying would have meant
bringing other people into a mess of admittedly his own creation. Why, Jeffrey rarely left his house, he
did not troll on the interenet. he did not drive around looking for girls, he didn't go to clubs parties or even
restarants. Being what some might call a health nut, He has never had a drink or drug. he did 90 minutes
of yoga every day or resistance training, he would then shower , and begin his day, THat day
inevnentiably began with a massage. He would begin his work by getting on the massage table, face
down BEFORE anyone was in the room, and begin making his daily calls. A massge person, recruited
from either the local massge places. massuees he knew or friends of a masseeh would enter the dimly lit
massage room and begin working on his calfs before he even said hello, He would most of the time , not
even know who they were , he might ask their name, and who brought them, often, as the police reports
show, their friends waited downstairs.. the ages of the daily massage persons ranged from young to over
60. the vast majprity in their twenties and early thirties. The message pads would show, many if not all ,
would call asking to see when he was free so that they could return, or they would suggest a friend. they
all were told no underage girls. in fact the police report that describes the first girl who was in reality
fourteen telling the police, she said she was 18. in her words, she said if I had told the truth I would not
have been able to get in the house.. in her words, not his.? not one witness not one suggested that he
asked for underage girls. The idea is ludicrous.. THe local strippers that willingly came as well as the
girls who worked in the local massage parlors came, many later labled as the Jane doe " victims " JAne
doe I , daugther of a local prostitute ran a shower with girl biz and advertised it. danced in the local strip
club, admittedly some had less of a typical professsion or experience. each and every one were brought by
one of their friends or acquaitences. many who brought thier frineds including the jam does in questions ,
brought their friends to the house. The horrifyninng experiences that they described seemed not to be so
horrifying as to prevent them from bringing their best friends and returning on multiple occasions When
the stories of the girl are compared, IT should have raised concerns that the language of each was almost
verbatim. rehearsed amongst themselves. JEffrey was never alone in the house. there was always staff ,
always. not one time did any girl complain, suggest an impropriety .. NOT one time.
Jeffrey is certainly does not cut a sympathetic figure , the boy genius , that people from all over the
world come to hear his financial prognostications. there are no parties at the house, there is rarely even
wine served ( to the dismay ofhis guests) , he is a loner. He doesn't really socialize . when the local sex
crimes prosecutor , with experience of over 20 years , in palm beach , went through all the facts and claims
. She in her words, said that there were no real victims here. None ".no real victims". One of the type
that is forced against her will , I as a woman an unimaginable and horrific experience. These were
victims only in the sense of their technical. age . Technical age. Not psychological age. Not based on
years of prostitution , scams crimes etc. just birthdate. In florida though the girl might even show fake id.
Relying on their word is not enough. Misrepresentaion of age , is not a defense. Not a defense. When a
seventten year old , signs a contract to buy a dress on time and then doesn't pay , she cannot be held
accountatble as she was not legally old enough to enter a binding contract.
This was all a local matter, Jeffrey rarely left his house. I was already a stretch to attempt to turn this into
a federal crime, more of a stretch to claim that arranging a massage on a telephone, giving the necessary
federal nexus. ( the telephone being the means of interstate commerce. ) and a recent supreme court case
stating that arranging would not be a crime. ( coercion force , changing the will of the minor required )
Jeffrey almost never on the phone himself. Someone merely arranging an appointment. The feds the
suggested traveling for the purpose of underage sex. Here Jeffrey was going home to his house of 20
years. Going to his home not to Thailand ( where no local laws preventing abuse are in existance ). In the
strangest twist of all , the feds required him to pay a list of girls whose actual names they would only
provide AFTER he was in jail. Provide the minimum amount of money, and if THEY didn't agree, he
would have to hire a lawyer for them, pay the lawyer to sue himself. And not be able to contest liability.
Yes what you have read is correct , no matter how crazy it sounds. Pay lawyers to sue himself and not be
able to contest the claims . In actuality when he tried to file a motion to dismiss a case from someone who
could not even prove she was at the house , he was threatened with a declaration of breech.
EFTA01200010
I was never, the tabloid -given moniker , a sex slave. Jeffrey did not buy me, from my parents. Jeffrey did
nothing to me , but did enable me, by being kind and generous to become a successful qualified jet pilot.
Before every flight I , run through both a basic and more detailed checklist. I focus on the safety of my
passsengers. Hurting innocent people by not taking the time to make sure the checklist is complete would
be irresponsible , unprofessional and dangerous. The press has ignored this basic premise. Not taking the
little time to check basic allegations. For example Virgina Roberts , though she descried in minute detail
the dinner. From how the president arrived to where he sat. however it never ever happened. First item on
checklist , check credibility, cannot respond " check" as it was a lurid story crafted of total fabrications,
the press chose to ignore how easily refuted these statements were and with reckless disregard for the
people they would hurt , ignored the lack of " check" and took the story to the air and let it fly.
EFTA01200011
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2 pages
To: " (USANYS)" (USANYS)"
USANYS)"
Cc: MMNYPD)"
Subject: RE:
Date: Tue, 20 Jul 2021 17:38:08 +0000
Importance: Normal
Attachments: MM_ I BI_Chain-of-Custody.pdf; MM_IB2_Chain-of-Custody.pdf; MM_ I B3_Chain-of-
Custody.pdf; MM_1B4_Chain-of-Custody.pdf; MM_IB5_Chain-of-Custody.pdf;
MM I B6 Chain-of-Custody.pdf; MM_1B7_Chain-of-Custody.pdf; MM_ I B8_Chain-of-
Custody.pdf; MM I B9 Chain-of-Custody.pdf; MM IBIO Chain-of-Custody.pdf
can meet at 9:30am on Thursday 7/29. I'm going to coordinate with the local FBI office so we can do VTC.
I've attached the chains of custody for the 18s.
Her email is
From: (USANYS)
Sent: Monday, July 19, 2021 6:38 PM
To: (NY) (FBI (USANYS)
USANYS)
Cc: YPD)
Subject: [EXTERNAL EMAIL] - RE:
Thanks,IF Here are some options next week:
• e ore 12pm or after 3pm
• 7/28 12pm to 2pm
• 7/29 before 11am
From:
Sent: Monda Jul 19, 20211:
To: USANYS) USANYS)
USANYS)
Cc:
Subject: RE:
is traveling Wednesday for vacation. Can you suggest some days/times next week? We will have the message
pads and I'll see about getting a copy of the chains.
Special Agent
FBI New York Field Office
Child Exploitation/Human Trafficking
Desk
From: INIIIIIIM(USANYS) •
Sent: Monday, July 19, 202111:37 AM
To: NY) (FBI USANYS)
EFTA00155164
SANYS)
Cc: (NYPD)
Subject: (EXTERNAL E
Mandy, in advance of the meeting, can you please track down any and all chains of custody in FBI possession?
Thanks,
From: (USANYS)
Sent: Monday, July 19, 2021 11:26 AM
To: USANYS). USANYS)
Subject: RE:
Thanks, a. Does this week work for a If so, we could do between 12pm and 4pm on Wednesday or 10:30 am
to 12pm on Thursday. If I should get some times for next week instead, please let me know. Also, can you please have the
physical message pads with you for the WebEx with just in case?
From:
Sent: Wednesday, July 14, 2021 5:57 PM
To: USANYS) (USANYS)
(USANYS)
Cc:
Subject:
Hi all,
I spoke with today. She can meet with us but may go into a local FBI office to get assistance with video
setup. I told her I would touch base with her early next week to schedule a day and time that works for
everyone. Let me know what you all are thinking on timing and I'll let her know.
Thanks,
EFTA00155165
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IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
L.M., )
)
Plaintiff, ) CASE NO.: 502008CA028051XXXXMB
)
vs. )
)
JEFFREY EPSTEIN, )
)
Defendant. )
)
SUBPOENA DUCES TECUM
FOR VIDEOTAPED DEPOSITION
THE STATE OF FLORIDA:
TO:
YOU ARE COMMANDED to appear before a person authorized by law to
take depositions on October 8, 2009 at 4:00p.m., at Esquire Court Reporters,
1021 Ives Dairy Road, Suite 214, Building 3, North Miami, FL 33401-4321 for
the taking of your deposition in this action. You are to have with you at this time
and place those items described on Schedule "A" attached hereto.
If you fail to appear, you may be in contempt of court. You are
subpoenaed to appear by the following attorneys and unless excused from this
Subpoena by these attorneys or the Court you shall respond to this Subpoena as
directed.
DATED on August 2009.
Bradley J. Edwards
Rothstein Rosenfeldt Adler For The Court
401 East Las Olas Blvd
Suite 1650
Fort Lauderdale, Florida 33301
Florida Bar No.: 542075
EFTA00730320
Schedule "A"
Documents, writings, agreements, correspondence, schedules, diaries,
personal notes, message pads, names of "masseuses" and all other writings of any
kind, related in anyway to Jeffrey Epstein or your employment with him
2
EFTA00730321
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Precedence: PRIORITY Date: 12/06/2006
To: Albuquerque Santa Fe RA
Jacksonville Pensacola RA
San Juan St. Thomas RA
From: Miami
Squad PB-2, PBCRA
Contact: SA
Approved B,_:
Drafted By:
Case ID #: 31E-MM-108062 (Pending)
Title: JEFFREY EPSTEIN;
GHISLAINE N. MAXWELL
WSTA - CHILD PROSTITUTION
Synopsis: To set leads for captioned investigation.
Details: On 07/24/2006 the Federal Bureau of Investigation (FBI), Palm Beach County Resident
Agency (PBCRA), began investigating Jeffrey Epstein, a part-time resident of Palm Beach, along with
his personal assistants, and Ghislaine Maxwell. PBCRA obtained
information from the City of Palm Beach Police Department (PBPD) that a fourteen-year-old girl who
lives in Loxahatchee, Florida, in the Southern District of Florida, and who attended Royal Palm Beach
High School, provided Epstein "sexual massages" . The fourteen-year-old girl informed PBPD that she
had been paid $300.00 by Jeffrey Epstein to perform a "sexual massage", which entailed providing a
massage to Epstein while he was naked and the fourteen-year-old was wearing only her thong panties.
During the massage, Epstein masturbated himself and touched the fourteen-year-old's vagina over her
thong panties with a vibrator/massager.
Following the receipt of the case files from the PBPD, PBCRA began interviewing a series
of girls, ranging in age from fourteen through mid to early twenties, who reported a similar series of
events. In particular, the girls described how contact was made via telephone, primarily with
M, Epstein's assistant, to arrange times for the girls to "work" at Epstein's home in Palm Beach. The
girls would travel to Epstein's residence, usually in the company of another She girls would enter
Epstein's home via the kitchen, where they would be met by Epstein and/or . The girls would be
escorted up to Epstein's bedroom where a massage table was accessible. The girls were told to undress -
some undressed only partially and some undressed completely. Epstein would enter the room partially
dressed, usually wearing only a towel. He would get onto the massage table face down. While lying face
down, Epstein instructed the girl how to massage him. After a period of time when the girl massaged
Epstein's back, he would turn over and lie face up. While lying face up, Epstein would continue to
instruct the girl on how to conduct the massage. Epstein also would masturbate himself and, occasionally,
manually fondle the vaginal area of the girl - sometimes over the panties, sometimes under the panties,
and sometimes penetrating the girl's vagina. On most instances, Epstein also used a vibrator or massager
on the girl's vaginal area, again sometimes over the panties and sometimes under the panties. When
Epstein ejaculated, the "massage" was over and the girl was instructed to get dressed and to return to the
downstairs area of the residence. The girls received between $200 and $300 for the sexual massages.
In addition to these sexual massages, some of the girls were paid additional sums to
perform more sexual activit , for example, engaging in sexual activity with another female Epstein
employee, while Epstein watched.
During the course of PBPD's investigation, a search warrant for Epstein's home was
obtained and executed. Many of Epstein's belongings were removed from the home prior to the execution
of the search warrant - for example, the computer processing units (CPUs) were removed from the house
but the computer screens, keyboards, cords, etc. were left behind. The missing CPU's were never
recovered.
During the search, several telephone message pads were recovered. These message pads
show messages taken from several of the girls who were interviewed and admitted to engaging in sexual
massages or other sexual activity with Epstein. The messages contained text such as "I have a female for
EFTA00270169
him" and "has girl for toni
il ,me of the messages from the girls were addressed to Epstein and others
were addressed to Epstein's assistant. Additional messages recovered during the search
contained text confirming appointment times.
During the PBCRA's investigation, the girls related that would contact the
girls while and Epstein were still in New York or elsewhere, in order to arrange "massage" times
upon his arrival in Palm Beach. The PBCRA's investigation has collected the flight manifest for Epstein's
two private lanes during the period of January 2004 through December 2005 as well as cellular phone
records for Epstein, and the majority of girls. The investigation revealed that prior to the flights to
Palm Beach, would contact some of the girls via cell phone. The massage pads show evidence that
the girls responded to those telephone calls and in some instances appointment confirmations were left
for Epstein.
In addition to the home in Palm Beach, Epstein also maintains a residence in the U.S.
Virgin Islands, New York and New Mexico.
To date, the PBCRA continues to develop witnesses and victims from across the United
States. Due to the media coverage, unknown status of the state
investigation, vulnerability of the young female victims, and
political influences, the AUSAs and Case Agents have a target date of
January 2007 for indictment.
Based on the ongoing criminal investigation, the PBCRA is requesting the assistance in
establishing Epstein's criminal activity utilizing interstate commerce and the travel in interstate
commerce to engage in illicit sexual conduct and rostitution. Prior to conducting captioned leads, it is
requested that the lead a ent s contact SA FBI Miami, West Palm RA,
=, or SA for investigative direction and questions.
LEAD(s):
Set Lead 1: (Action)
ALBUQUERQUE
AT SANTA FE , NM
Interview Bryce Gordon, ranch manager for Jeffrey Epstein's, Zorro Ranch, 49 Zorro Ranch
Road, Stanley, New Mexico.
Set Lead 2: (Action)
SAN JUAN
AT ST. THOMAS, U.S.V.I.
Interview Miles Alexander, cellular telephone number of residence telephone
number house manager for Jeffrey Epstein located on the island of Little St. James. Alexander
was born in Capetown, South Africa.
Set Lead 3: (Action)
SAN JUAN
AT ST. THOMAS, U.S.V.I.
Locate and Interview Bruce White, boat captain, telephone number-. This is the
only information FBI Miami currently has on Mr. White.
Set Lead 4: (Discretionary)
JACKSONVILLE
AT PENSACOLA FL
Interview housekeeper, W/F, DOS SSAN
Milton, Florida.
Set Lead 5: (Action)
JACKSONVILLE
AT PENSACOLA FL
Interview housekeeper, W/F, DOB S, SSAN
Cantonment, Florida.
••
EFTA00270170
giuffre-maxwell
Unknown
5 pages
Case 1:15-cv-07433-LAP Document 1219-35 Filed 07/15/21 Page 1 of 5
EXHIBIT 1
(File Under Seal)
Case 1:15-cv-07433-LAP Document 1219-35 Filed 07/15/21 Page 2 of 5
Page 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CASE NO. 15-CV-07433-RWS
------------------------------------------x
VIRGINIA L. GIUFFRE,
Plaintiff,
v.
GHISLAINE MAXWELL,
Defendant.
-------------------------------------------x
June 1, 2016
9:12 a.m.
C O N F I D E N T I A L
Deposition of JOHN ALESSI, pursuant
to notice, taken by Plaintiff, at the
offices of Boies Schiller & Flexner, 401
Las Olas Boulevard, Fort Lauderdale, Florida,
before Kelli Ann Willis, a Registered
Professional Reporter, Certified Realtime
Reporter and Notary Public within and
for the State of Florida.
Case 1:15-cv-07433-LAP Document 1219-35 Filed 07/15/21 Page 3 of 5
Page 223
1 JOHN ALESSI
2 Q. You never received emails from either of
3 them?
4 A. No, sir.
5 Q. So when there would be a message from one
6 of them while they were out of town, they would call
7 you, call you on the telephone?
8 A. I haven't spoken to Ghislaine in 12 years.
9 Q. Sorry. I'm talking about when you worked
10 there and you would receive a message that they were
11 coming into town, would that be by way of telephone?
12 A. Telephone, and also, there was a system at
13 the house, that it was MindSpring, MindSpring I
14 think it's called, that it was like a message system
15 that would come from the office.
16 Q. What is MindSpring?
17 A. It was a server. I think it was -- the
18 office would have, like, a message system between
19 him, the houses, the employees, his friends. They
20 would write a message on the computer. There was no
21 email at that time.
22 Q. Okay. So what computer would you use?
23 A. My computer in my office.
24 Q. And so was part of your daily routine to
25 go to your computer and check to see if you had
Case 1:15-cv-07433-LAP Document 1219-35 Filed 07/15/21 Page 4 of 5
Page 224
1 JOHN ALESSI
2 MindSpring messages?
3 A. No. That was at the end of my stay. That
4 was the very end of my stay. I didn't get involved
5 with that too much. But it was a message system
6 that Jeffrey received every two, three hours, with
7 all the messages that would have to go to the office
8 in New York, and they will print it and send it
9 faxed to the house, and I would hand it to him.
10 Q. Did it look like the message pads that
11 we've been looking at?
12 A. No, no, nothing like that.
13 Q. Was it typed-out messages?
14 A. Yes, typed-out messages.
15 Q. Just explain one example of how it would
16 work. Let's say that Ghislaine wanted to send him a
17 message on MindSpring. How would that work?
18 A. An example?
19 Q. Sure.
20 A. It got so ridiculous at the end of my
21 stay, okay? That Mr. Epstein, instead of talking to
22 me that he wants a cup of coffee, he will call the
23 office; the office would type it; they would send it
24 to me, Jeffrey wants a cup of coffee, or Jeffrey
25 wants an orange juice out by the pool.
Case 1:15-cv-07433-LAP Document 1219-35 Filed 07/15/21 Page 5 of 5
Page 225
1 JOHN ALESSI
2 Q. He would call the office in New York.
3 They would then type it in MindSpring?
4 A. Send it to me.
5 Q. How would you know to check for it? How
6 would you know to look for this MindSpring?
7 A. Because I was in the office. I was there.
8 I was there. And we have a signal when it come on
9 and says, Hey, you've got mail.
10 Q. Okay.
11 A. Every day. Every day it was new things
12 put in. That's why I left, too.
13 Q. Do you know who set up the mind spring
14 system?
15 A. It was a computer guy. It was a computer
16 guy who worked only for Jeffrey.
17 .
18 Q. Was he local to Palm Beach?
19 A. No. He was in New York. Everything was
20 set up from New York. And , I remember
21 he came to Palm Beach to set up the system at the
22 house.
23 Q. Did you become aware at some point in time
24 that there was a bag or a briefcase of cash that was
25 in the house?
giuffre-maxwell
Unknown
6 pages
Case 1:15-cv-07433-LAP Document 1327-24 Filed 01/05/24 Page 1 of 6
EXHIBIT 7
(Filed Under Seal)
Case 1:15-cv-07433-LAP Document 1327-24 Filed 01/05/24 Page 2 of 6
Page 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CASE NO. 15-CV-07433-RWS
------------------------------------------x
VIRGINIA L. GIUFFRE,
Plaintiff,
v.
GHISLAINE MAXWELL,
Defendant.
-------------------------------------------x
June 1, 2016
9:12 a.m.
C O N F I D E N T I A L
Deposition of JOHN ALESSI, pursuant
to notice, taken by Plaintiff, at the
offices of Boies Schiller & Flexner, 401
Las Olas Boulevard, Fort Lauderdale, Florida,
before Kelli Ann Willis, a Registered
Professional Reporter, Certified Realtime
Reporter and Notary Public within and
for the State of Florida.
MAGNA9 LEGAL SERVICES
Case 1:15-cv-07433-LAP Document 1327-24 Filed 01/05/24 Page 3 of 6
Page 223
1 JOHN ALESSI
2 Q. You never received emails from either of
3 them?
4 A. No, sir.
5 Q. So when there would be a message from one
6 of them while they were out of town, they would call
7 you, call you on the telephone?
8 A. I haven't spoken to Ghislaine in 12 years.
9 Q. Sorry. I'm talking about when you worked
10 there and you would receive a message that they were
11 coming into town, would that be by way of telephone?
12 A. Telephone, and also, there was a system at
13 the house, that it was MindSpring, MindSpring I
14 think it's called, that it was like a message system
15 that would come from the office.
16 Q. What is MindSpring?
17 A. It was a server. I think it was -- the
18 office would have, like, a message system between
19 him, the houses, the employees, his friends. They
20 would write a message on the computer. There was no
21 email at that time.
22 Q. Okay. So what computer would you use?
23 A. My computer in my office.
24 Q. And so was part of your daily routine to
25 go to your computer and check to see if you had
MAGNA9 LEGAL SERVICES
Case 1:15-cv-07433-LAP Document 1327-24 Filed 01/05/24 Page 4 of 6
Page 224
1 JOHN ALESSI
2 MindSpring messages?
3 A. No. That was at the end of my stay. That
4 was the very end of my stay. I didn't get involved
5 with that too much. But it was a message system
6 that Jeffrey received every two, three hours, with
7 all the messages that would have to go to the office
8 in New York, and they will print it and send it
9 faxed to the house, and I would hand it to him.
10 Q. Did it look like the message pads that
11 we've been looking at?
12 A. No, no, nothing like that.
13 Q. Was it typed-out messages?
14 A. Yes, typed-out messages.
15 Q. Just explain one example of how it would
16 work. Let's say that Ghislaine wanted to send him a
17 message on MindSpring. How would that work?
18 A. An example?
19 Q. Sure.
20 A. It got so ridiculous at the end of my
21 stay, okay? That Mr. Epstein, instead of talking to
22 me that he wants a cup of coffee, he will call the
23 office; the office would type it; they would send it
24 to me, Jeffrey wants a cup of coffee, or Jeffrey
25 wants an orange juice out by the pool.
MAGNA9 LEGAL SERVICES
Case 1:15-cv-07433-LAP Document 1327-24 Filed 01/05/24 Page 5 of 6
Page 225
1 JOHN ALESSI
2 Q. He would call the office in New York.
3 They would then type it in MindSpring?
4 A. Send it to me.
5 Q. How would you know to check for it? How
6 would you know to look for this MindSpring?
7 A. Because I was in the office. I was there.
8 I was there. And we have a signal when it come on
9 and says, Hey, you've got mail.
10 Q. Okay.
11 A. Every day. Every day it was new things
12 put in. That's why I left, too.
13 Q. Do you know who set up the mind spring
14 system?
15 A. It was a computer guy. It was a computer
16 guy who worked only for Jeffrey. Mark. Mark
17 Lumber.
18 Q. Was he local to Palm Beach?
19 A. No. He was in New York. Everything was
20 set up from New York. And Mark Lumber, I remember
21 he came to Palm Beach to set up the system at the
22 house.
23 Q. Did you become aware at some point in time
24 that there was a bag or a briefcase of cash that was
25 in the house?
MAGNA9 LEGAL SERVICES
Case 1:15-cv-07433-LAP Document 1327-24 Filed 01/05/24 Page 6 of 6
Page 236
1 JOHN ALESSI
2 CERTIFICATE OF OATH
3 STATE OF FLORIDA )
4 COUNTY OF MIAMI-DADE )
5
I, the undersigned authority, certify
6 that JOHN ALESSI personally appeared before me
and was duly sworn.
7 WITNESS my hand and official seal
this 1st day of June, 2016.
8
9
Kelli Ann Willis, RPR, CRR
10 Notary Public, State of Florida
Commission FF928291, Expires 2-16-20
11 + + + + + + + + + + + + + + + + + +
12 CERTIFICATE
13 STATE OF FLORIDA )
14 COUNTY OF MIAMI-DADE )
15 I, Kelli Ann Willis, Registered
Professional Reporter and Certified Realtime
16 Reporter do hereby certify that I was
authorized to and did stenographically report the
17 foregoing deposition of JOHN ALESSI; that a review
of the transcript was not requested; and that the
18 transcript is a true record of my stenographic
notes.
19 I FURTHER CERTIFY that I am not a
relative, employee, attorney, or counsel of any
20 of the parties, nor am I a relative or employee of
any of the parties' attorney or counsel connected
21 with the action, nor am I financially interested
in the action.
22 Dated this 1st day of June, 2016.
23
24 KELLI ANN WILLIS, RPR, CRR
25
MAGNA9 LEGAL SERVICES
giuffre-maxwell
Unknown
5 pages
Case 1:15-cv-07433-LAP Document 1330-13 Filed 01/05/24 Page 1 of 5
EXHIBIT 1
(File Under Seal)
Case 1:15-cv-07433-LAP Document 1330-13 Filed 01/05/24 Page 2 of 5
Page 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CASE NO. 15-CV-07433-RWS
------------------------------------------x
VIRGINIA L. GIUFFRE,
Plaintiff,
v.
GHISLAINE MAXWELL,
Defendant.
-------------------------------------------x
June 1, 2016
9:12 a.m.
C O N F I D E N T I A L
Deposition of JOHN ALESSI, pursuant
to notice, taken by Plaintiff, at the
offices of Boies Schiller & Flexner, 401
Las Olas Boulevard, Fort Lauderdale, Florida,
before Kelli Ann Willis, a Registered
Professional Reporter, Certified Realtime
Reporter and Notary Public within and
for the State of Florida.
MAGNA9 LEGAL SERVICES
Case 1:15-cv-07433-LAP Document 1330-13 Filed 01/05/24 Page 3 of 5
Page 223
1 JOHN ALESSI
2 Q. You never received emails from either of
3 them?
4 A. No, sir.
5 Q. So when there would be a message from one
6 of them while they were out of town, they would call
7 you, call you on the telephone?
8 A. I haven't spoken to Ghislaine in 12 years.
9 Q. Sorry. I'm talking about when you worked
10 there and you would receive a message that they were
11 coming into town, would that be by way of telephone?
12 A. Telephone, and also, there was a system at
13 the house, that it was MindSpring, MindSpring I
14 think it's called, that it was like a message system
15 that would come from the office.
16 Q. What is MindSpring?
17 A. It was a server. I think it was -- the
18 office would have, like, a message system between
19 him, the houses, the employees, his friends. They
20 would write a message on the computer. There was no
21 email at that time.
22 Q. Okay. So what computer would you use?
23 A. My computer in my office.
24 Q. And so was part of your daily routine to
25 go to your computer and check to see if you had
MAGNA9 LEGAL SERVICES
Case 1:15-cv-07433-LAP Document 1330-13 Filed 01/05/24 Page 4 of 5
Page 224
1 JOHN ALESSI
2 MindSpring messages?
3 A. No. That was at the end of my stay. That
4 was the very end of my stay. I didn't get involved
5 with that too much. But it was a message system
6 that Jeffrey received every two, three hours, with
7 all the messages that would have to go to the office
8 in New York, and they will print it and send it
9 faxed to the house, and I would hand it to him.
10 Q. Did it look like the message pads that
11 we've been looking at?
12 A. No, no, nothing like that.
13 Q. Was it typed-out messages?
14 A. Yes, typed-out messages.
15 Q. Just explain one example of how it would
16 work. Let's say that Ghislaine wanted to send him a
17 message on MindSpring. How would that work?
18 A. An example?
19 Q. Sure.
20 A. It got so ridiculous at the end of my
21 stay, okay? That Mr. Epstein, instead of talking to
22 me that he wants a cup of coffee, he will call the
23 office; the office would type it; they would send it
24 to me, Jeffrey wants a cup of coffee, or Jeffrey
25 wants an orange juice out by the pool.
MAGNA9 LEGAL SERVICES
Case 1:15-cv-07433-LAP Document 1330-13 Filed 01/05/24 Page 5 of 5
Page 225
1 JOHN ALESSI
2 Q. He would call the office in New York.
3 They would then type it in MindSpring?
4 A. Send it to me.
5 Q. How would you know to check for it? How
6 would you know to look for this MindSpring?
7 A. Because I was in the office. I was there.
8 I was there. And we have a signal when it come on
9 and says, Hey, you've got mail.
10 Q. Okay.
11 A. Every day. Every day it was new things
12 put in. That's why I left, too.
13 Q. Do you know who set up the mind spring
14 system?
15 A. It was a computer guy. It was a computer
16 guy who worked only for Jeffrey. Mark. Mark
17 Lumber.
18 Q. Was he local to Palm Beach?
19 A. No. He was in New York. Everything was
20 set up from New York. And Mark Lumber, I remember
21 he came to Palm Beach to set up the system at the
22 house.
23 Q. Did you become aware at some point in time
24 that there was a bag or a briefcase of cash that was
25 in the house?
MAGNA9 LEGAL SERVICES
giuffre-maxwell
Unknown
4 pages
Case 1:15-cv-07433-LAP Document 97 Filed 04/13/16 Page 1 of 4
United States District Court
Southern District of New York
Virginia L. Giuffre,
Plaintiff, Case No.: 15-cv-07433-RWS
v.
Ghislaine Maxwell,
Defendant.
________________________________/
DECLARATION OF SIGRID S. McCAWLEY IN SUPPORT OF PLAINTIFF
VIRGINIA GIUFFRE’S MOTION FOR CLARIFICATION OF COURT’S ORDER
AND FOR FORENSIC EXAMINATION
I, Sigrid S. McCawley, declare that the below is true and correct to the best of my
knowledge as follows:
1. I am a partner with the law firm of Boies, Schiller & Flexner LLP and duly
licensed to practice in Florida and before this Court pursuant to this Court’s September 29, 2015
Order granting my Application to Appear Pro Hac Vice.
2. I respectfully submit this Declaration in support of Plaintiff Virginia Giuffre’s
Motion for Clarification of Court’s Order and For Forensic Examination.
3. Attached hereto as Exhibit 1, is a true and correct copy of Sigrid McCawley’s
March 28, 2016 Correspondence to Laura Menninger and Jeffrey Pagliuca.
4. Attached hereto as Exhibit 2, is a true and correct copy of Sigrid McCawley’s
April 7, 2016 Correspondence to Laura Menninger and Jeffrey Pagliuca.
5. Attached hereto as Exhibit 3, is a true and correct copy of Defendant’s Responses
and Objections to Plaintiff’s Request for Production.
Case 1:15-cv-07433-LAP Document 97 Filed 04/13/16 Page 2 of 4
6. Attached hereto as Exhibit 4, is a true and correct copy of the March 17, 2016
Hearing Transcript before the Honorable Robert Sweet.
7. Attached hereto as Exhibit 5, is a true and correct copy of an Excerpt from the
August 7, 2009 Continued Deposition of Alfredo Rodriguez.
8. Attached hereto as Exhibit 6, is a true and correct copy of Sigrid McCawley’s
March 10, 2016 Correspondence to Laura Menninger.
9. Attached hereto as Exhibit 7, is a true and correct copy of an Excerpt from the
Flight Logs.
10. Attached hereto as Exhibit 8, is a true and correct copy of an Excerpt from the
Message Pads collected by Law Enforcement from trash pulls of Jeffrey Epstein’s Palm Beach
mansion.
I declare under penalty of perjury that the foregoing is true and correct.
/s/ Sigrid S. McCawley______
Sigrid S. McCawley, Esq.
2
Case 1:15-cv-07433-LAP Document 97 Filed 04/13/16 Page 3 of 4
Dated: April 13, 2016
Respectfully Submitted,
BOIES, SCHILLER & FLEXNER LLP
By: /s/ Sigrid McCawley
Sigrid McCawley (Pro Hac Vice)
Meredith Schultz (Pro Hac Vice)
Boies, Schiller & Flexner LLP
401 E. Las Olas Blvd., Suite 1200
Ft. Lauderdale, FL 33301
(954) 356-0011
David Boies
Boies, Schiller & Flexner LLP
333 Main Street
Armonk, NY 10504
3
Case 1:15-cv-07433-LAP Document 97 Filed 04/13/16 Page 4 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 13, 2016, I electronically filed the foregoing
document with the Clerk of Court by using the CM/ECF system. I also certify that the foregoing
document is being served this day on the individuals identified below via transmission of Notices
of Electronic Filing generated by CM/ECF.
Laura A. Menninger, Esq.
Jeffrey S. Pagliuca, , Esq.
HADDON, MORGAN & FOREMAN, P.C.
150 East 10th Avenue
Denver, Colorado 80203
Tel: (303) 831-7364
Fax: (303) 832-2628
Email: lmenninger@hmflaw.com
Email: jpagliuca@hmflaw.com
/s/ Sigrid S. McCawley
Sigrid S. McCawley
4
giuffre-maxwell
Unknown
5 pages
United States District Court
Southern District of New York
Virginia L. Giuffre,
Plaintiff, Case No.: 15-cv-07433-RWS
v.
Ghislaine Maxwell,
Defendant.
________________________________/
DECLARATION OF SIGRID S. McCAWLEY IN SUPPORT OF PLAINTIFF VIRGINIA
GIUFFRE’S REPLY IN RESPONSE TO DEFENDANT’S SUPPLEMENTAL RESPONSE
TO MOTION TO COMPEL PRODUCTION OF DOCUMENTS SUBJECT TO
IMPROPER OBJECTIONS
I, Sigrid S. McCawley, declare that the below is true and correct to the best of my
knowledge as follows:
1. I am a partner with the law firm of Boies, Schiller & Flexner LLP and duly
licensed to practice in Florida and before this Court pursuant to this Court’s September 29, 2015
Order granting my Application to Appear Pro Hac Vice.
2. I respectfully submit this Declaration in support of Plaintiff Virginia Giuffre’s
Reply In Response to Defendant’s Supplemental Response to Motion To Compel Production of
Documents Subject To Improper Objections [D.E. 45].
3. Attached hereto as Exhibit 1, is a true and correct copy of the Palm Beach Police
Department’s Report.
4. Attached hereto as Exhibit 2, is a true and correct copy of the Flight Logs from
Jeffrey Epstein’s private plane.
5. Attached hereto as Exhibit 3, is a true and correct copy of the Message Pads from
Law Enforcement’s trash pulls from Jeffrey Epstein’s Palm Beach mansion.
6. Attached hereto as Exhibit 4, is a true and correct copy of the 2009 Notice of
Deposition of Ghislaine Maxwell, Subpoena and Cancellation Payment Notice, and January 13,
2015 Daily Mail Article.
7. Attached hereto as Exhibit 5, is a true and correct copy of Excerpts from the
January 12, 2016 Deposition Transcript of Alan Dershowitz.
8. Attached hereto as Exhibit 6, is a true and correct copy of Defendant Ghislaine
Maxwell’s Privilege Log.
9. Attached hereto as Exhibit 7, is a true and correct copy of the Deposition
Transcripts of Juan Alessi.
10. Attached hereto as Exhibit 8, is a true and correct copy of the February 2, 2015
Page Six Article.
11. Attached hereto as Exhibit 9, is a true and correct copy of the September 23, 2007
Red Ice Creations Article.
12. Attached hereto as Exhibit 10, is a true and correct copy of the April 13, 2010
Deposition Transcript of Nadia Marcinkova.
13. Attached hereto as Exhibit 11, is a true and correct copy of the March 24, 2010
Deposition Transcript of Sarah Kellen.
14. Attached hereto as Exhibit 12, is a true and correct copy of a photograph taken by
Ms. Giuffre of Defendant Ghislaine Maxwell, Emmy Taylor, and Jeffrey Epstein while they
were all in Europe.
2
15. Attached hereto as Exhibit 13, is a true and correct copy of the Deposition
Transcripts of Alfredo Rodriguez.
I declare under penalty of perjury that the foregoing is true and correct.
/s/ Sigrid S. McCawley______
Sigrid S. McCawley, Esq.
3
Dated: March 14, 2016
Respectfully Submitted,
BOIES, SCHILLER & FLEXNER LLP
By: /s/ Sigrid McCawley
Sigrid McCawley (Pro Hac Vice)
Boies, Schiller & Flexner LLP
401 E. Las Olas Blvd., Suite 1200
Ft. Lauderdale, FL 33301
(954) 356-0011
David Boies
Boies, Schiller & Flexner LLP
333 Main Street
Armonk, NY 10504
Ellen Brockman
Boies, Schiller & Flexner LLP
575 Lexington Ave
New York, New York 10022
(212) 446-2300
4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 14, 2016, I electronically filed the foregoing
document with the Clerk of Court by using the CM/ECF system. I also certify that the foregoing
document is being served this day on the individuals identified below via transmission of Notices
of Electronic Filing generated by CM/ECF.
Laura A. Menninger, Esq.
HADDON, MORGAN & FOREMAN, P.C.
150 East 10th Avenue
Denver, Colorado 80203
Tel: (303) 831-7364
Fax: (303) 832-2628
Email: lmenninger@hmflaw.com
/s/ Sigrid S. McCawley
Sigrid S. McCawley
5
giuffre-maxwell
Unknown
4 pages
Case 1:15-cv-07433-RWS Document 122 Filed 04/25/16 Page 1 of 4
United States District Court
Southern District of New York
Virginia L. Giuffre,
Plaintiff, Case No.: 15-cv-07433-RWS
v.
Ghislaine Maxwell,
Defendant.
______________________________/
REDACTED DECLARATION OF SIGRID S. McCAWLEY IN SUPPORT OF
PLAINTIFF VIRGINIA GIUFFRE’S REPLY IN SUPPORT OF MOTION FOR
FORENSIC EXAMINATION
I, Sigrid S. McCawley, declare that the below is true and correct to the best of my
knowledge as follows:
1. I am a partner with the law firm of Boies, Schiller & Flexner LLP and duly
licensed to practice in Florida and before this Court pursuant to this Court’s September 29, 2015
Order granting my Application to Appear Pro Hac Vice.
2. I respectfully submit this Declaration in support of Plaintiff Virginia Giuffre’s
Reply In Support of Motion For Forensic Examination.
3. Attached hereto as Exhibit 1, is a true and correct copy of Letter dated April 11,
2016 from Laura Menninger, Counsel for Defendant.
4. Attached hereto as Exhibit 2, is a true and correct copy of Message Pads
messages.
Case 1:15-cv-07433-RWS Document 122 Filed 04/25/16 Page 2 of 4
5. Attached hereto as Exhibit 3, is a true and correct copy of Defendant Ghislaine
Maxwell’s Responses and Objections to Plaintiff’s First Request For Production of Documents.
6. Attached hereto as Exhibit 4, is a true and correct copy of
7. Attached hereto as Exhibit 5, is a true and correct copy of correspondence dated
April 7, 1026 from Sigrid McCawley, Counsel for Plaintiff.
8. Attached hereto as Exhibit 6, is a true and correct copy of correspondence dated
March 10, 2016 from Sigrid McCawley, Counsel for Plaintiff.
9. Attached hereto as Exhibit 7, is a true and correct copy of an excerpt from the
Deposition of Ghislaine Maxwell taken April 22, 2016.
10. Attached hereto as Exhibit 8, is a true and correct copy of an excerpt from the
Deposition of Ghislaine Maxwell taken April 22, 2016.
I declare under penalty of perjury that the foregoing is true and correct.
/s/ Sigrid S. McCawley ____
Sigrid S. McCawley, Esq.
Case 1:15-cv-07433-RWS Document 122 Filed 04/25/16 Page 3 of 4
Dated: April 25, 2016.
Respectfully Submitted,
BOIES, SCHILLER & FLEXNER LLP
By: /s/ Sigrid McCawley
Sigrid McCawley (Pro Hac Vice)
Boies, Schiller & Flexner LLP
401 E. Las Olas Blvd., Suite
1200 Ft. Lauderdale, FL 33301
(954) 356-0011
David Boies
Boies, Schiller & Flexner LLP
333 Main Street
Armonk, NY 10504
Ellen Brockman
Boies, Schiller & Flexner LLP
575 Lexington Ave
New York, New York 10022
(212) 446-2300
Case 1:15-cv-07433-RWS Document 122 Filed 04/25/16 Page 4 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 25, 2016, I electronically filed the foregoing
document with the Clerk of Court by using the CM/ECF system. I also certify that the foregoing
document is being served this day on the individuals identified below via transmission of Notices
of Electronic Filing generated by CM/ECF.
Laura A. Menninger, Esq.
Jeffrey Paliuca, Esq.
HADDON, MORGAN & FOREMAN, P.C.
150 East 10th Avenue
Denver, Colorado 80203
Tel: (303) 831-7364
Fax: (303) 832-2628
Email: lmenninger@hmflaw.com
/s/ Sigrid S. McCawley
Sigrid S. McCawley, Esq.