EFTA01251062.pdf

Original UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: Second Warrant and Order For Prospective and Historical Location AMENDED APPLICATION Information and Pen Register Information for the Cellphone Assigned Call Number 978-525-8484, USAO 20 mag. 6828 Reference No. 2018R01618 Amended Application for Second Warrant and Order for Cellphone Location and Pen Register Information The United States of America, by its attorney, Audrey Strauss, Acting United States Attorney for the Southern District of New York, ,r, Assistant United States Attorney, of counsel, respectfully requests that the Court issue the accompanying proposed Second Warrant and Order for prospective and historical location information and pen register information for a cellphone. As grounds for this Amended Application the Government relies on the following facts and authorities. I. Introduction 1. I am an Assistant United States Attorney in the U.S. Attorney's Office for the Southern District of New York. This Amended Application is submitted in conjunction with the accompanying amended affidavit of a law enforcement agent ("Amended Agent Affidavit"), to be sworn before this Court, and incorporated by reference herein. I make this Amended Application based on information and belief, including the Amended Agent Affidavit, my review of other documents in the case, and information received from investigative personnel. 2. The Investigating Agency, Target Cellphone, Subscriber, Target Subject, Service Provider, Subject Offenses, Successor Service Provider, and Successor Cellphone referenced in this Amended Application are as specified in the Amended Agent Affidavit. 2019.07.24 SONYGM_00000558 CONFIDENTIAL EFTA 00114642 EFTA01251062 11. Legal Authority A. Prospective Location Information 3. The Government seeks to obtain both precision location information and cell site data for the Target Cellphone on a prospective basis (the "Prospective Location Information") for a period of 45 days from the date of this order — the same period of time for which a warrant for a tracking device may be granted under Rule 41(eX2)(C). It bears noting, however, that while the Prospective Location Information may permit "tracking" the user of the phone in the colloquial sense, this is not an application for a warrant for a "tracking device" as defined in Fed. R. Crim. P. 41(a)(2)(E) and 18 U.S.C. § 3117(b). Those provisions only apply where an agent is seeking to physically install a tracking device on a given object. Instead, the Prospective Location Information will be obtained by requiring the Service Provider to provide the information. 4. The authority for this application is found in 18 U.S.C. § 2703(cX1), which authorizes a court of competent jurisdiction to require any electronic communication service provider (which includes a cellular telephone service providers) to disclose any "record or other information pertaining to a subscriber" other than the "contents of communications," when the government obtains, inter alia, a warrant under the applicable procedures of Rule 41. See 18 U.S.C. § 2703(c)(1)(A). Because data concerning a subscriber's location, such as precision location information and cell site data, constitutes "information pertaining to a subscriber" that does not include the "contents of communications," that data is among the types of information available See 18 U.S.C. § 2711(1) (incorporating by cross-reference statutory definitions set forth in 18 U.S.C. § 2510); 18 U.S.C. § 2510(15) (defining "electronic communication service" as "any service which provides to users thereof the ability to send or receive wire or electronic communications"). 2 2019.07.24 SDNY_GM_00000559 CONFIDENTIAL EFTA_00114643 EFTA01251063 under § 2703(c)(IXA).2 Further, as specified in 18 U.S.C. § 2711(3), this Court is a court of competent jurisdiction under the Stored Communications Act because it has jurisdiction over the Subject Offenses. 5. The Government's request for cell site data also implicates the pen register statute, because such data constitutes signaling information used by the Service Provider to route communications to and from the Target Cellphone. In order to collect such data, a valid pen register order is required.; Accordingly, I hereby certify pursuant to 18 U.S.C. § 3122 that such signaling information is relevant to an ongoing investigation being conducted by the Investigating Agency into suspected violations of the Subject Offenses by the Target Subject. B. Historical Location Information 6. The Government also seeks historical cell site data for the Target Cellphone for the period from June I, 2020 to the present (the "Historical Location Information"). Because such data—like "Prospective Location Information"—constitutes information concerning a subscriber, the Court is authorized to order the Service Provider to provide this data pursuant to a warrant 2 See In re Application, 460 F. Supp. 2d 448, 459-60 & n. 55 (S.D.N.Y. 2006) (Kaplan, J.) (cellphone location information falls within § 2703(c)(1)); accord, e.g., United States v. Caraballo, 963 F. Supp. 2d 341, 361 (D.Vt. 2013); In re Order, 632 F. Supp. 2d 202, 207 (E.D.N.Y. 2008); In re Application, 405 F. Supp. 2d 435, 444-45 (S.D.N.Y. 2005). But see In re Application, 849 F. Supp. 2d 526, 574 (D.Md. 2011) (rejecting view that cellular location data falls within the scope of the SCA and finding that phone must be treated as "tracking device" for purposes of Rule 41 where used to collect location data); ht re Application, 2009 WL 159187, at *5-46 (S.D.N.Y. Jan.13, 2009) (McMahon, J.) (same). 3 See 18 U.S.C. § 3121 (prohibiting use of pen register or trap and trace device without an order under the pen register statute); 3127(3) & (4) (defining pen register and trap and trace device to include devices or processes that record, inter alia, signaling information). Although cell site data constitutes "signaling" information within the meaning of the pen register statute, a separate statute precludes the Government from relying "solely" on the authority provided by the pen register statute to ascertain a subscriber's location. 47 U.S.C. § 1002(a). Here, the Government seeks to obtain such data pursuant to 18 U.S.C. § 2703(c) as well as the pen register statute, rather than "solely" under the latter statute. See In re Application, 460 F. Supp. 2d at 456-59. 3 2019.07.24 SONY_GM_00000560 CONFIDENTIAL EFTA_00114644 EFTA01251064 application under 18 U.S.C. § 2703(c), under the applicable procedures of Rule 41. See 18 U.S.C. § 2703(c)(1XA). I respectfully submit that the same probable cause supporting the Government's request for a warrant to obtain the Prospective Location Information requested above also supports the issuance of a warrant under § 2703(c) for the requested Historical Location Information. In addition, the Government seeks toll records for the same period as the Historical Location Information. Pursuant to 18 U.S.C. § 2703(d), I respectfully submit that the Amended Agent Affidavit offers specific and articulable facts showing that there are reasonable grounds to believe that the toll record information sought is relevant and material to an ongoing criminal investigation. C. Pen Register Information 7. Finally, the Government seeks an order pursuant to 18 U.S.C. §§ 3121-26 authorizing the use of a pen register on the Target Cellphone for a period of 45 days from the date of this order. Specifically, the Government seeks an order directing the Service Provider to furnish any information, facilities, and technical assistance necessary to operate, unobtrusively and with minimum disruption of service, a pen register and trap and trace device to capture all dialing, routing, addressing, or signaling information associated with each call transmitted to or from the Target Cellphone, as specified further in the proposed Second Warrant and Order (the "Pen Register Information").4 4 The Government is also not seeking authorization to obtain post-cut-through dialed digits ("PCTDD"), or digits that are dialed after a telephone call from the Target Cellphone has been connected. Pursuant to the attached Order, if possible, the Service Provider will forward only pre- cut-through-dialed digits to the Investigating Agency. However, if the Service Provider's technical capabilities require it to forward all dialed digits, including PCTDD, to the Investigating Agency, the Investigating Agency will only decode and forward to the agents assigned to the investigation the numbers that are dialed before the call is cut through. 4 2019.07.24 SDNY_GM_00000561 CONFIDENTIAL EFTA_00114645 EFTA01251065  8. I hereby certify pursuant to 18 U.S.C. § 3122 that the Pen Register Information is relevant to an ongoing investigation being conducted by the Investigating Agency into suspected violations of the Subject Offenses by the Target Subject. D. Sealing and Non-Disclosure Order to Service Provider 9. When the Government obtains records or information under § 2703(c), it is not required to notify the subscriber or customer. 18 U.S.C. § 2703(c)(3). Additionally, the Government may obtain an order precluding the Service Provider from notifying the subscriber or any other third- party of the warrant or order obtained, for such period as the Court deems appropriate, where there is reason to believe that such notification will result in endangering the life or physical safety of an individual, flight from prosecution, destruction of or tampering with evidence, or intimidation of potential witnesses, or will otherwise seriously jeopardize the investigation. 18 U.S.C. § 2705(b). 10. Further, 18 U.S.C. § 3123(d) provides that an order directing installation of a pen register or trap and trace device shall direct the pertinent service provider "not to disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person unless or until otherwise ordered by the Court." 11. Accordingly, as explained further in the Amended Agent Affidavit, in light of the confidential nature of the continuing criminal investigation and the adverse consequences expected in the event of premature notification, the Government respectfully requests that the Court direct the Service Provider not to notify the Subscriber or any other person of the Second Warrant and Order sought herein for a period of one year, subject to extension upon application to the Court, if necessary. 12. For similar reasons, I respectfully request that the proposed Second Warrant and Order, this Amended Application, and the accompanying Amended Agent Affidavit, be maintained under 5 2019.07.24 SONY_GM_00000562 CONFIDENTIAL EFTA_00114646 EFTA01251066 seal until the Court orders otherwise, except that the Government be permitted without further order of this Court to serve this Second Wan-ant and Order on the Service Provider; provide copies of the Second Warrant and Order or the supporting Amended Application and Amended Agent Affidavit as need be to personnel assisting the Government in the investigation and prosecution of this matter; and disclose these materials as necessary to comply with discovery and disclosure obligations in any prosecutions related to this matter. III. Prior Requests 13. As set forth in the Amended Agent Affidavit, the Government previously requested Cellphone Location and Pen Register information for the Target Cellphone in an Application and Agent Affidavit submitted on or about June 29, 2020.5 Also on or about June 29, 2020, United States Magistrate Judge Katharine H. Parker granted the application and signed a Warrant and Order for the requested information. On June 30, 2020, the Government learned that the Agent Affidavit contained two inadvertent errors. Accordingly, the Government is submitting this Amended Application and Amended Agent Affidavit to correct those errors and to seek a Second Warrant and Order. 5 The original application also sought authorization for Cellphone Location and Pen Register information for a second Target Cellphone, 917-520-3106, which was identified as Target Cellphone-1 in that application and which was also granted on or about June 29, 2020. Because there were no errors in the application with respect to Target Cellphone-1, the Government does seek a Second Warrant and Order with respect to that phone. 6 2019.07.24 SDNY_GM_00000563 CONFIDENTIAL EFTA_00114647 EFTA01251067  14. Except as may be set forth above, no prior request for the relief requested herein has been made. Dated: New York, New York June 30, 2020 Assistant United States Attorney Tel.: 7 2019.07.24 SDNY_GM_00000564 CONFIDENTIAL EFTA_00114648 EFTA01251068  Original UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: Second Warrant and Order For Prospective and Historical Location AMENDED Information and Pen Register AGENT AFFIDAVIT Information for the Cellphone Assigned Call Number 978-525-8484, USAO Reference No. 2018801618 _Irfviag• _6828 Amended Agent Affidavit in Support of Second Warrant and Order for Cellphone Location and Pen Register Information STATE OF NEW YORK ) 55. COUNTY OF NEW YORK ) Amanda Young, being duly sworn, deposes and states: I. Introduction 1. I have been a Special Agent with the Federal Bureau of Investigation ("FBI" or "Investigating Agency") since 2017. As such, I am a "federal law enforcement officer" within the meaning of Federal Rule of Criminal Procedure 41(a)(2XC), that is, a government agent engaged in enforcing the criminal laws and duly authorized by the Attorney General to request a search warrant. I am currently assigned to investigate violations of criminal law relating to the sexual exploitation of children as part of an FBI Task Force. I have gained expertise in this area through classroom training and daily work related to these types of investigations. As part of my responsibilities, I have been involved in the investigation of cases involving sex trafficking, enticement of minors, and transportation of minors for illegal sex acts, and have participated in the execution of search warrants involving electronic evidence. 2. Requested Information. 1 respectfully submit this Affidavit pursuant to 18 U.S.C. §§ 2703(c) and (c)(1)(A) and the applicable procedures of Federal Rule of Criminal Procedure 41; 2019.07.24 SDNY_GM_00000565 CONFIDENTIAL EFTA_00114649 EFTA01251069 18 U.S.C. §§ 2703(d) & 2705; and 18 U.S.C. §§ 3121-3126, in support of a second warrant and order for prospective location information, historical location information, toll records, and pen register information, for the Target Cellphone identified below (collectively, the "Requested Information"). 3. Basis for Knowledge. This Affidavit is based upon my participation in the investigation, my examination of reports and records, and my conversations with other law enforcement agents and other individuals, as well as my training and experience. Because this Affidavit is being submitted for the limited purpose of obtaining the Requested Information, it does not include all the facts that I have learned during the course of this investigation. Where the contents of documents and the actions, statements, and conversations of others are reported herein, they are reported in substance and in part, except where otherwise indicated. In addition, unless otherwise indicated, statements by others referenced in this Affidavit were not necessarily made to me, but may have been provided to me by someone else to whom I have spoken or whose report I have read (and who in turn may have had either direct or indirect knowledge of the statement). Similarly, unless otherwise indicated, information in this Affidavit resulting from surveillance does not necessarily set forth my personal observations, but may have been provided to me by other law enforcement agents who observed the events, and to whom I have spoken or whose report I have read. 4. Target Cellphone, Subscriber, Target Subject, and Service Provider. The Target Cellphone referenced in this Affidavit is the cellphone assigned call number 978-525-8484 (the "Target Cellphone"). As further discussed below, the Target Cellphone is subscribed to in the name of "G Max" (the "Subscriber"). GHISLAINE MAXWELL is believed to use the Target 2 2019.07.24 SDNY_GM_00000500 CONFIDENTIAL EFTA_00114650 EFTA01251070 Cellphone and is a Target Subject of this investigation. AT&T is the Service Provider for the Target Cellphone. 5. Precision Location Capability. Cellphone service providers have technical capabilities that allow them to collect at least two kinds of information about the locations of the cellphones to which they provide service: (a) precision location information, also known as E-911 Phase II data, GPS data, or latitude-longitude data, and (b) cell site data, also known as "tower/face" or "tower/sector" information. Precision location information provides relatively precise location information about a cellphone, which a provider can typically collect either via GPS tracking technology built into the phone or by triangulating the device's signal as received by the provider's nearby cell towers. Cell site data, by contrast, reflects only the cell tower and sector thereof utilized in routing any communication to and from the cellphone, as well as the approximate range of the cellphone from the tower during the communication (sometimes referred to as "per-call measurement" ("PCM") or "round-trip time" ("RTT") data). Because cell towers are often a half-mile or more apart, even in urban areas, and can be ten or more miles apart in rural areas, cell site data is typically less precise than precision location information. Based on my training and experience, I know that the Service Provider has the technical ability to collect precision location information from any cellphone on its network, including by initiating a signal on the Service Provider's network to determine the phone's location. I further know that cell site data is routinely collected by the Service Provider in the course of routing calls placed to or from any cellphone on their network.' I Toll records are sometimes necessary or helpful in order to obtain or interpret historical cell site data and are therefore also requested herein. 3 2019.07.24 SDNY_GM_00000567 CONFIDENTIAL EFTA_00114651 EFTA01251071  6. Successor Service Provider. Because it is possible that the Target Subject may change cellphone service provider during the course of this investigation, it is requested that the warrant and investigative order requested apply without need for further order to any Successor Service Provider who may provide service to the Target Cellphone during the time frames at issue herein. II. Corrected Facts Establishing Probable Cause 7. Although I understand that probable cause is not necessary to obtain all of the Requested Information, I respectfully submit that probable cause exists to believe that the Requested Information will lead to the location of a person, GHISLAINE MAXWELL, to be arrested for the crimes of conspiracy to entice minors to travel to engage in illegal sex acts, in violation of 18 U.S.C. § 371; enticement of a minor to travel to engage in illegal sex acts, in violation of 18 U.S.C. § 2422; conspiracy to transport minors with intent to engage in criminal sexual activity, in violation of 18 U.S.C. § 371; transporting a minor with intent to engage in criminal sexual activity, in violation of 18 U.S.C. § 2423(a); and perjury, in violation of 18 U.S.C. § 1623 (the "Subject Offenses"). 8. On June 29, 2020, a grand jury in the Southern District of New York returned an indictment charging GHISLAINE MAXWELL with the Subject Offenses. The Indictment charging MAXWELL is attached as Exhibit A hereto (the "Indictment"). That same day, United States Magistrate Judge Lisa Margaret Smith signed a warrant for MAXWELL's arrest, which is attached as Exhibit B hereto (the "Arrest Warrant"). 9. In light of these pending charges in the Indictment and the issuance of the Arrest Warrant, GHISLAINE MAXWELL is subject to arrest for the Subject Offenses. 10. Also on or about June 29, 2020, the Government submitted an Application and accompanying Agent Affidavit seeking a Warrant and Order permitting the FBI to obtain, among 4 2019.07.24 SDNY_GM_00000568 CONFIDENTIAL EFTA_00114652 EFTA01251072 other things, Cellphone Location Information and Pen Register Information for the Target Cellphone.' Those documents were filed under the docket number 20 Mag. 6770. The original Application and Agent Affidavit are attached as Exhibit C hereto. That same day, United States Magistrate Judge Katharine H. Parker signed the requested Warrant and Order for the Target Cellphone, also filed under docket number 20 Mag. 6770. The original Warrant and Order for the Target Cellphone is attached as Exhibit D hereto. Pursuant to the Warrant and Order contained in Exhibit D, the FBI subsequently obtained historical cell site and GPS location data for the Target Cellphone. The collection of prospective location data pursuant to that Warrant and Order began on or about June 30, 2020 and remains ongoing. 11. On the afternoon of June 30, 2020, and in the process of re-reviewing certain relevant phone data in connection with another potential application, I realized that my June 29, 2020 Agent Affidavit contained two inadvertent errors. First, the Agent Affidavit incorrectly stated that the Target Cellphone had been in contact with a phone identified as the Isabel Maxwell Phone within the last 30 days. In fact, the Target Cellphone was most recently in contact with the Isabel Maxwell Phone in or about May 2020, or within the last 60 days, not the last 30 days. Second, the Agent Affidavit incorrectly stated that the Target Cellphone had been in contact with a phone identified as the Scott Borgerson Phone within the last 30 days. In fact, the Target Cellphone was most recently in contact with the Scott Borgerson Phone in or about March 2020. The errors resulted from my misreading of certain phone records for the Target Cellphone. In particular, while one I The original application also sought authorization for Cellphone Location and Pen Register information for a second Target Cellphone, 917-520-3106, which was identified as Target Cellphone-1 in that application and which was also granted on or about June 29, 2020. Because there were no errors in my affidavit with respect to Target Cellphone-1, this Amended Affidavit does not seek a Second Warrant and Order with respect to that phone. 5 2019.07.24 SDNY_GM_00000569 CONFIDENTIAL EFTA_00114653 EFTA01251073 column in those records indicated that the Isabel Maxwell Phone and Scott Borgerson Phone had themselves been active within the last 30 days, I mistook those dates to be the dates of those phones' most recent contact with the Target Cellphone. I submit this Amended Agent Affidavit now to inform the Court of the error, to set forth a corrected statement of the facts supporting probable cause, and to seek a Second Warrant and Order authorizing the FBI to continue receiving prospective location data for the Target Cellphone. 12. As detailed in my original affidavit, and based on my review of AT&T records, I have learned that the Target Cellphone is subscribed in the name of "G Max," which appears to be a shortened version of GHISLAINE MAXWELL's name. I further know from my review of AT&T records the following: a. The Target Cellphone has been active within the last 30 days. b. The Target Cellphone has been in contact with a phone subscribed to the business "Haddon, Morgan, & Foreman," which I know from my review of court records is the name of a law firm that currently represents GHISLAINE MAXWELL in civil litigation (the "Haddon, Morgan, & Foreman Phone"). The most recent contact between The Target Cellphone and the Haddon, Morgan, & Foreman Phone occurred within the last 30 days. c. The Target Cellular Device has also been in contact with a phone subscribed to in the name of "Laura Menninger," which I know from my review of court records is the name of an attorney who currently represents GHISLAINE MAXWELL in civil litigation (the "Laura Menninger Phone"). The most recent contact between The Target Cellular Device and the Laura Menninger Phone occurred within the last 30 days. d. The Target Cellular Device has also been in contact with a phone subscribed to in the name of "Isabel Maxwell," which I know from my review of a law enforcement database is 6 2019.07.24 SONYGM_00000570 CONFIDENTIAL EFTA_00114654 EFTA01251074 the name of GHISLAINE MAXWELL's sister (the "Isabel Maxwell Phone"). The most recent contact between The Target Cellular Device and the Isabel Maxwell Phone occurred in or about May 2020. e. The Target Cellular Device has also been in contact with a phone subscribed to in the name of "Scott Borgerson," which I know from my review of bank records and Amazon records is the name of an individual with whom GHISLAINE MAXWELL shares a joint bank account and to whom MAXWELL's Amazon account has sent multiple packages within approximately the last year (the "Scott Borgerson Phone"). The most recent contact between The Target Cellular Device and the Scott Borgerson Phone occurred in or about March 2020. 13. Accordingly, I respectfully submit that there is probable cause to believe that the location of the Target Cellphone will reveal the location of GHISLAINE MAXWELL. III. Request for Second Warrant and Order 14. Based on the foregoing, I respectfully request that the Court require the Service Provider to provide the Requested Information as specified further in the Second Warrant and Order proposed herewith, including prospective precision location and cell site data for a period of 45 days from the date of this Order, historical cell site data and toll records for the period from June 1, 2020 through the date of this Order, and pen register information for a period of 45 days from the date of this Order. 1. Nondisclosure. The scope of this ongoing criminal investigation and existence of the Indictment and Arrest Warrant are not publicly known. As a result, premature public disclosure of this affidavit or the requested Second Warrant and Order could alert GHISLAINE MAXWELL that she is under investigation and subject to arrest, causing her to destroy evidence, flee from prosecution, or otherwise seriously jeopardize the investigation. Specifically: 7 2019.07.24 SDNY_GM_00000571 CONFIDENTIAL EFTA_00114655 EFTA01251075  a. As evidenced by the charges alleged in the Indictment, MAXWELL is known to have participated in acts of sexual abuse of minors. Alerting her to the existence and scope of the investigation may lead her to intimidate witnesses. See 18 U.S.C. § 2705(b)(1),(4). b. Additionally, the Target Subject is at liberty in the community. Premature disclosure of the existence of this application and the charges contained in the Indictment could result in the Target Subject fleeing from prosecution if she were made aware of the pending charges before arrest. See 18 U.S.C. § 2705(b)(2). 15. Accordingly, there is reason to believe that, were the Service Provider to notify the subscriber or others of the existence of the warrant, the investigation would be seriously jeopardized. Pursuant to 18 U.S.C. § 2705(6), I therefore respectfully request that the Service Provider be directed not to notify the Subscriber or others of the existence of the Second Warrant and Order for a period of one year, and that the Second Warrant and Order and all supporting papers be maintained under seal until the Court orders otherwise, as specified in the Amended Application submitted in conjunction with this Amended Affidavit. Amanda Young Amarfda Young Special Agent Federal Bureau of Investigation Sworn to before me this 30 day of June, 2020 *sworn to before me by reliable electronic means (telephone) pursuant to Fed. R. Crim. P 4.1 rio41 att. HON RABLE KATHARINE H. PARKER United States Magistrate Judge Southern District of New York 8 2019.07.24 SDNY_GM_00000572 CONFIDENTIAL EFTA_00114656 EFTA01251076 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x SEALED UNITED STATES OF AMERICA INDICTMENT 20 Cr. GHISLAINE MAXWELL, Defendant. x COUNT ONE (Conspiracy to Entice Minors to Travel to Engage in Illegal Sex Acts) The Grand Jury charges: OVERVIEW 1. The charges set forth herein stem from the role of GHISLAINE MAXWELL, the defendant, in the sexual exploitation and abuse of multiple minor girls by Jeffrey Epstein. In particular, from at least in or about 1994, up to and including at least in or about 1997, MAXWELL assisted, facilitated, and contributed to Jeffrey Epstein's abuse of minor girls by, among other things, helping Epstein to recruit, groom, and ultimately abuse victims known to MAXWELL and Epstein to be under the age of 18. The victims were as young as 14 years old when they were groomed and abused by MAXWELL and Epstein, both of whom knew that certain victims were in fact under the age of 18. 2. As a part and in furtherance of their scheme to abuse minor victims, GHISLAINE MAXWELL, the defendant, and Jeffrey Epstein enticed and caused minor victims to travel to SDNY_GM_00000573 CONFIDENTIAL EFTA_00114657 EFTA01251077  t states, which MAXWELL knew and Epstein's residences in differen ming for and subjection to intended would result in their groo crimes, sexual abuse. Moreover, in an effort to conceal her ed about her conduct, MAXWELL repeatedly lied when question minor victims described including in relation to some of the r oath in 2016. herein, when providing testimony unde FACTUAL BACKGROUND this 3. During the time periods charged in defendant, had a personal and Indictment, GHISLAINE MAXWELL, the rey Epstein and was among his professional relationship with Jeff 1994 and closest associates. In particular, between in or about intimate relationship with in or about 1997, MAXWELL was in an to manage his various Epstein and also was paid by Epstein , MAXWELL and properties. Over the course of their relationship on multiple occasions, Epstein were photographed together including in the below image: 2 SDNY_GM_00000574 CONFIDENTIAL EFTA_00114658 EFTA01251078  4, GHISLAINE MAXWELL, 4. Beginning in at least 199 girls to groomed multiple minor the defendant, enticed and a variety of Jeffrey Epstein, through engage in sex acts with the following: ing but not limited to means and methods, includ to befriend some of a. MAXWELL first attempted luding by prior to their abuse, inc Epstein's minor victims s, and their their lives, their school asking the victims about ld spend time building families. MAXWELL and Epstein wou taking minor victims by, for example, friendships with minor ld shopping. Some of these outings wou victims to the movies or er with a minor tein spending time togeth involve MAXWELL and Eps n spending involve MAXWELL or Epstei victim, while some would victim. time alone with a minor t with a victim, b. Having developed a rappor minor victim ize sexual abuse for a MAXWELL would try to normal ressing in cus sing sexual topics, und by, among other things, dis victim was ng present when a minor front of the victim, bei ing the minor sent for sex acts involv undressed, and/or being pre victim and Epstein. minor victims' c. MAXWELL'S presence during where the n, including interactions interactions with Epstei s with or that involved sex act minor victim was undressed an victims at ease because an adult wom Epstein, helped put the tances, MAXWELL would was present. For example, in some ins 3 SDNY_GM_00000575 CONFIDENTIAL EFTA_00114659 EFTA01251079  victim. In other instances, massage Epstein in front of a minor ide massages to Epstein, MAXWELL encouraged minor victims to prov which a minor victim would including sexualized massages during be fully or partially nude. Many of those massages resulted in ims. Epstein sexually abusing the minor vict some d. In addition, Epstein offered to help or educational minor victims by paying for travel and/ certain victims to accept opportunities, and MAXWELL encouraged Epstein's assistance. As a result, victims were made to feel Epstein were trying to indebted and believed that MAXWELL and help them. ein e. Through this process, MAXWELL and Epst vity with Epstein. In enticed victims to engage in sexual acti and participated in the some instances, MAXWELL was present for sexual abuse of minor victims. Some such incidents occurred in d into sexual encounters. the context of massages, which develope litated 5. GHISLAINE MAXWELL, the defendant, faci ims knowing that he had a Jeffrey Epstein's access to minor vict and that he intended to sexual preference for underage girls victims. Epstein's engage in sexual activity with those uded, among other things, resulting abuse of minor victims incl a victim's genitals, touching a victim's breast, touching on a victim's genitals, placing a sex toy such as a vibrator 4 SDNY_GM_00000576 CONFIDENTIAL EFTA_OO114660 EFTA01251080  turbated, and touch Epstein while he mas directing a victim to touch Epstein's genitals. directing a victim to VICTIMS MAXWELL AND EPSTEIN'S or about 1994 and in or 6. Between approximately in ili tated MAX WELL, the defendant, fac about 1997, GHISLAINE ng other to minor victims by, amo Jeffrey Epstein's access ng the ici ng, and aiding and abetti things, inducing and ent Victims t of, multiple minor victims. inducement and enticemen , including the sed at multiple locations were groomed and/or abu following: residence on the a. A a multi-story private tein (the tan, New York owned by Eps Upper East Side of Manhat following which is depicted in the "New York Residence"), photograph: 5 SDNY_GM_00000577 CONFIDENTIAL EFTA_OO114661 EFTA01251081  owned by b. An estate in Palm Beach, Florida the dence"), which is depicted in Epstein (the "Palm Beach Resi following photograph: owned by c. A ranch in Santa Fe, New Mexico e"), which is depicted in the Epstein (the "New Mexico Residenc following photograph: 6 SDNY_GM_00000578 CONFIDENTIAL EFTA_0011466/ EFTA01251082  nce in London, d. MAXWELL'S personal reside England. d or enticed by GHISLAINE 7. Among the victims induce ntified herein as were minor victims ide MAXWELL, the defendant, -3. In tim-2, and Minor Victim Minor Victim-1, Minor Vic s Indictment, ula r, and dur ing tim e periods relevant to thi partic others, with following acts, among MAXWELL engaged in the respect to minor victims: -1 when Minor a. MAXWELL met Minor Victim y 14 years old. MAXWELL subsequently Victim-1 was approximatel ons at tim-1 on multiple occasi interacted with Minor Vic was under the wing that Minor Victim-1 Epstein's residences, kno , which took During these interactions age of 18 at the time. L groomed Minor tel y 1994 and 1997, MAXWEL place between approxima ough multiple ual acts with Epstein thr Victim-1 to engage in sex Minor n attempted to befriend means. First, MAXWELL and Epstei ng t