gov.uscourts.nysd.447706.1330.7.pdf

Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 1 of 18 EXHIBIT F  Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 2 of 18 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 21, 2016 9:17 a.m. C O N F I D E N T I A L Deposition of JOSEPH RECAREY, 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 1330-7 Filed 01/05/24 Page 3 of 18 Page 178 1 JOSEPH RECAREY - CONFIDENTIAL 2 BY MR. PAGLIUCA: 3 Q. Then there's a category, victim 4 information, and then we have listed, I believe, a 5 total of 17 individuals that the Palm Beach Police 6 Department incident report lists as alleged victims 7 in this case, correct? 8 A. Correct. 9 Q. And are you aware as to whether or not 10 that list was supplemented after July 25th, 2006, in 11 the investigative incident report? 12 A. I'm not sure if it was updated or not. 13 MR. PAGLIUCA: I don't know if we want to 14 mark this or not. I can hand you what I 15 believe to be a more recent, or I think you 16 actually brought one with you -- 17 THE WITNESS: I did. 18 MS. SCHULTZ: If you're talking about the 19 document that he brought with him, I had it 20 Bates labeled. 21 MR. PAGLIUCA: We can show him that. I 22 think I have the same document here. And we 23 can -- I guess we'll mark that as 11. 24 25 MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 4 of 18 Page 179 1 JOSEPH RECAREY - CONFIDENTIAL 2 (The referred-to document was marked by 3 the court reporter for Identification as 4 Deposition Exhibit 11.) 5 BY MR. PAGLIUCA: 6 Q. If you look at the -- is that what you're 7 looking at? 8 MS. SCHULTZ: That's mine. I just wanted 9 to make sure it's the same. 10 BY MR. PAGLIUCA: 11 Q. If you go into the third -- I think it's 12 the third page of that document, we then end with VI 13 17 Juno. 14 Do you see that? 15 A. Yes. 16 Q. So that would tell me that there were no 17 individuals listed as additional victims as of the 18 conclusion of your investigation in this case; is 19 that correct? 20 MS. SCHULTZ: Object to form and 21 foundation. 22 THE WITNESS: That's correct. 23 BY MR. PAGLIUCA: 24 Q. Okay. So let's stick with Exhibit 1, and 25 let's go to Narrative No. 1, which is on page 11 of MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 5 of 18 Page 180 1 JOSEPH RECAREY - CONFIDENTIAL 2 Exhibit 1. Are you with me? 3 A. Uh-huh. 4 Q. Okay. Again, this was information that 5 was obtained by Detective Pagan, correct? 6 A. Correct. 7 Q. And it's true, is it not, that this 8 alleged victim never claimed to have been recruited 9 by Ghislaine Maxwell; true? 10 MS. SCHULTZ: Object to form and 11 foundation. 12 THE WITNESS: Correct. 13 BY MR. PAGLIUCA: 14 Q. And this individual, alleged victim No. 1, 15 never identified Ghislaine Maxwell as being at 16 Mr. Epstein's house when she was there, correct? 17 MS. SCHULTZ: Object to form and 18 foundation. 19 THE WITNESS: I don't believe so. 20 BY MR. PAGLIUCA: 21 Q. You don't believe so -- 22 A. I don't believe so. 23 Q. That she ever identified Ghislaine Maxwell 24 as being in the house? 25 A. Right. MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 6 of 18 Page 181 1 JOSEPH RECAREY - CONFIDENTIAL 2 Q. Okay. She never -- this individual, 3 victim No. 1, never claimed that Ghislaine Maxwell 4 paid her any money, correct? 5 A. Correct. 6 Q. And this individual No. 1 never claimed 7 that Ms. Maxwell instructed her what to wear, 8 correct? 9 A. Right. 10 Q. This individual never claimed that 11 Ghislaine Maxwell told her how to act, correct? 12 A. Correct. 13 Q. This individual never claimed to have met 14 Ghislaine Maxwell ever, correct? 15 A. I don't believe so, no. 16 Q. This individual never claimed to even have 17 spoken to Ghislaine Maxwell ever, correct? 18 A. I don't believe so, no. 19 Q. And when you say "I don't believe so, no," 20 that means my statement to you is correct; is that 21 right? 22 MS. SCHULTZ: Object to form, foundation. 23 THE WITNESS: Well, you're saying "ever." 24 I don't know if she's ever, ever spoken to -- 25 MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 7 of 18 Page 182 1 JOSEPH RECAREY - CONFIDENTIAL 2 BY MR. PAGLIUCA: 3 Q. To Detective Pagan. 4 A. Right. To my knowledge, I don't know, 5 because Detective Pagan is the one who actually 6 interviewed her. So I don't know to the answer of 7 "ever." So not to my knowledge. 8 Q. Certainly, nothing in Exhibit 1, Narrative 9 1 reflects that this individual ever met or talked 10 to or spoke to Ghislaine Maxwell, right? 11 A. Right. Not to my knowledge. 12 Q. And, indeed, you would agree with me that 13 if this individual claimed that Ms. Maxwell had 14 something to do with the events listed in Narrative 15 1, you would have folded up on it, as the 16 investigating detective, right? 17 MS. SCHULTZ: Object to the form. 18 THE WITNESS: Either myself or Detective 19 Pagan would have. 20 BY MR. PAGLIUCA: 21 Q. Sure. And when you got the case six 22 months later, if there hadn't been follow-up, you 23 would have followed up on it, right? 24 MS. SCHULTZ: Object to form. 25 THE WITNESS: Correct. MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 8 of 18 Page 191 1 JOSEPH RECAREY - CONFIDENTIAL 2 A. Yes. 3 Q. And then you asked various individuals who 4 was there when you went to Mr. Epstein's house, 5 right? 6 A. Correct. 7 Q. And you then, to the best of your ability, 8 recorded those answers, I take it, as to who was 9 there, right? 10 A. Yes. 11 12 13 Q. And with regard to - anything about Ghislaine Maxwell being at Mr. Epstein's house, did she? she never said 14 MS. SCHULTZ: Object to form and 15 foundation. 16 BY MR. PAGLIUCA: 17 Q. To you? 18 A. I don't believe she did. 19 Q. Okay. And if she did, it's likely that 20 you would have recorded it, correct? 21 A. Correct, and it would be on the -- it 22 would be on the tape. 23 Q. Right. 24 25 She never claimed, paid her, right? - that Ms. Maxwell MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 9 of 18 Page 192 1 JOSEPH RECAREY - CONFIDENTIAL 2 MS. SCHULTZ: Object to form and 3 foundation. 4 THE WITNESS: Correct. 5 BY MR. PAGLIUCA: 6 Q. She never claimed that -- ■ never claimed 7 that Ms. Maxwell instructed her about what to wear, 8 correct? 9 MS. SCHULTZ: Object to the form. 10 THE WITNESS: Correct. 11 BY MR. PAGLIUCA: 12 Q. ■ never claimed that Ms. Maxwell told her 13 how to act at Mr. Epstein's house, correct? 14 MS. SCHULTZ: Object to form. 15 THE WITNESS: Correct. 16 BY MR. PAGLIUCA: 17 Q. ■ never claimed to have met Ghislaine 18 Maxwell anywhere, correct? 19 MS. SCHULTZ: Object to form. 20 THE WITNESS: I don't believe so, no. 21 BY MR. PAGLIUCA: 22 Q. Okay. If we go on to individual alleged 23 victim No. 3, AY, the same question: AY never 24 identified Ms. Maxwell as someone she knew or 25 interacted with in any fashion, correct? MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 10 of 18 Page 193 1 JOSEPH RECAREY - CONFIDENTIAL 2 MS. SCHULTZ: Object to form. 3 THE WITNESS: No. 4 BY MR. PAGLIUCA: 5 Q. No, she did not? 6 A. No, she did not. 7 Q. Okay. The same with individual No. 4, 8 alleged victim FP: Again, FP never claimed to have 9 met with Ms. Maxwell, correct? 10 MS. SCHULTZ: Object to form and 11 foundation. 12 THE WITNESS: I don't believe so, no. 13 BY MR. PAGLIUCA: 14 Q. Okay. And FP never identified Ms. Maxwell 15 as someone being at Mr. Epstein's house, correct? 16 MS. SCHULTZ: Object to form and 17 foundation. 18 BY MR. PAGLIUCA: 19 Q. And if you need to look at your report -- 20 A. No, I don't -- I don't believe so. The 21 only people that recalled Ghislaine at the house 22 was -- 23 Q. Sjoberg? 24 A. Johanna Sjoberg. 25 Q. Who was over the age of 18, correct? MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 11 of 18 Page 194 1 JOSEPH RECAREY - CONFIDENTIAL 2 MS. SCHULTZ: Object to form and 3 foundation. 4 THE WITNESS: And Venero, Christina 5 Venero. 6 BY MR. PAGLIUCA: 7 Q. Who is an adult as well? 8 MS. O'CONNOR: Object to form. 9 THE WITNESS: Yes. 10 BY MR. PAGLIUCA: 11 Q. So out of your entire report, the only two 12 people who ever said anything about Ms. Maxwell were 13 Ms. Sjoberg, who I believe was 23 when you 14 interviewed her? 15 A. Right, but she was -- 16 MS. SCHULTZ: Object to form and 17 foundation. 18 THE WITNESS: She was -- she had worked 19 there for quite some time, so you would have to 20 back up, I think, a year or two. 21 BY MR. PAGLIUCA: 22 Q. She was an adult when she worked there? 23 A. Right. She was over the age of 18, right, 24 let's put it that way. 25 Q. And she was not listed by you as a victim MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 12 of 18 Page 195 1 JOSEPH RECAREY - CONFIDENTIAL 2 as part of this case, right? 3 A. Correct, because it was between two 4 consenting adults. 5 Q. Exactly. 6 And so that's Ms. Sjoberg, and then the 7 other individual, I think you said Bolero; is that 8 right? 9 A. Venero, Christina Venero. She's a -- 10 Q. Adult masseuse, correct? 11 A. Yes. I remember she had lots of tattoos. 12 Q. Tatts, right. 13 But the 17 individuals that you listed in 14 Exhibit 1, none of those individuals ever said the 15 word -- the words "Ghislaine Maxwell" during the 16 course of this investigation to you, correct? 17 MS. SCHULTZ: Object to form and 18 foundation. 19 THE WITNESS: I don't believe so. It 20 would be on the tapes if they did. 21 BY MR. PAGLIUCA: 22 Q. Well, or it would be in your report, 23 right? 24 MS. SCHULTZ: Object to form and 25 foundation. MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 13 of 18 Page 211 1 JOSEPH RECAREY - CONFIDENTIAL 2 A. Correct. 3 Q. And then Mr. Epstein is arrested and ends 4 up pleading guilty and all of that, right? 5 MS. SCHULTZ: Object to form. 6 THE WITNESS: I think there was a 7 non-prosecution agreement prepared between the 8 Feds and some kind of agreement was made. But, 9 yes, he did end up pleading guilty. 10 BY MR. PAGLIUCA: 11 Q. All right. 12 Now, based on the questions that were 13 asked of you in the grand jury, it's fair to say 14 that Ms. Maxwell was not a target of the grand 15 jury's investigation, correct? 16 MS. SCHULTZ: Object to form and 17 foundation. 18 THE WITNESS: Not based on the questions 19 that the state was asking me, no, the state 20 wasn't... 21 BY MR. PAGLIUCA: 22 Q. In fact, it's fair to say that you never 23 said Ms. Maxwell's name in the grand jury, right? 24 MS. SCHULTZ: Object to form and 25 foundation. MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 14 of 18 Page 212 1 JOSEPH RECAREY - CONFIDENTIAL 2 THE WITNESS: No. Based on the questions 3 that the state was asking, no. 4 BY MR. PAGLIUCA: 5 Q. Were you aware of who was being issued 6 subpoenas by the grand jury? 7 A. No. But it wasn't the actual subpoena 8 from the grand jury; it came from the State 9 Attorney's Office. 10 Q. At the direction of the grand jury, 11 though, right? 12 MS. SCHULTZ: Object to form and 13 foundation. 14 THE WITNESS: I don't know. Again, I 15 don't know. 16 BY MR. PAGLIUCA: 17 Q. I would like to talk a little bit about 18 the surveillance that you initiated at Mr. Epstein's 19 house, okay? 20 Can you tell me when the surveillance 21 began? 22 A. It would have started under Detective 23 Pagan and gone through -- 24 Q. The entire investigation? 25 A. Pretty much trash pulls. We stopped the MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 15 of 18 Page 214 1 JOSEPH RECAREY - CONFIDENTIAL 2 Q. And so these were video cameras? 3 A. Correct. 4 Q. And so whoever was coming and going, 5 whenever -- an officer saw somebody coming or going, 6 they would videotape that person; is that correct? 7 A. Or they would just leave the video 8 rolling, time lapse. 9 Q. And did you have the opportunity to 10 observe any of that video? 11 A. I did observe a couple, but the person who 12 actually set it up would review it and then submit a 13 supplement to the report. 14 Q. Okay. It's true that none of the video of 15 the surveillance led to the identification of 16 Ghislaine Maxwell as coming or leaving the house 17 during the time of surveillance, correct? 18 MS. SCHULTZ: Object to form and 19 foundation. 20 THE WITNESS: I don't know. I didn't see 21 all of the video, so I can't -- I can't attest 22 to that. 23 BY MR. PAGLIUCA: 24 Q. Okay. Did anybody report to you that 25 Ms. Maxwell was seen coming or going? MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 16 of 18 Page 215 1 JOSEPH RECAREY - CONFIDENTIAL 2 MS. SCHULTZ: Object to form, foundation. 3 THE WITNESS: I don't recall. 4 BY MR. PAGLIUCA: 5 Q. If someone had reported to you that 6 Ms. Maxwell was seen coming or going, you would have 7 recorded it in your Palm Beach Police Department 8 incident report, Exhibit No. 1, correct? 9 MS. SCHULTZ: Object to form and 10 foundation. 11 THE WITNESS: I would have told the 12 officer who was conducting the surveillance or 13 reviewing the video to document it in the 14 supplements. 15 BY MR. PAGLIUCA: 16 Q. And there is no documentation in the 17 supplement of Ms. Maxwell either coming or going 18 from Mr. Epstein's house during this time frame, 19 correct? 20 MS. SCHULTZ: Object to the form. 21 THE WITNESS: I don't believe so. I 22 don't -- I don't -- I don't believe so. 23 BY MR. PAGLIUCA: 24 Q. And, again, so we're on the same page, 25 when you say "I don't believe so," I interpret that MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 17 of 18 Page 216 1 JOSEPH RECAREY - CONFIDENTIAL 2 as her name is not in here as someone who was 3 incoming or going; am I correct in my 4 interpretation? 5 MS. SCHULTZ: Object to form and 6 foundation. 7 THE WITNESS: Again, I don't know. I 8 don't believe so. 9 BY MR. PAGLIUCA: 10 Q. I'm just trying to understand what "I 11 don't believe so" means, okay? 12 A. I don't -- I don't believe it's in the 13 report, no. 14 Q. Okay. "I don't believe it's in the 15 report" that she was ever seen coming or going, 16 right? 17 A. Right, that's what I'm saying. 18 Q. All right. We're on the same page. 19 The trash pulls, do you recall how many 20 trash pulls were done? 21 A. There were numerous trash pulls done. 22 There was trash pulls down under Detective Pagan and 23 under my request. 24 Q. As I understand the trash pull protocol, 25 you or someone at your direction or Detective MAGNA9 LEGAL SERVICES Case 1:15-cv-07433-LAP Document 1330-7 Filed 01/05/24 Page 18 of 18 Page 257 1 JOSEPH RECAREY - CONFIDENTIAL 2 A. I don't believe clothing was seized. 3 Q. To your knowledge, did you seize any 4 property belonging to Ghislaine Maxwell from the 5 home? 6 MS. SCHULTZ: Object to form and 7 foundation. 8 THE WITNESS: I'm not sure. Not to my 9 knowledge. 10 BY MS. SCHULTZ: 11 Q. Okay. No one ever came to you and said, 12 Could you please return these items to Ms. Maxwell, 13 correct? 14 MS. SCHULTZ: Object to form. 15 THE WITNESS: No. 16 BY MS. SCHULTZ: 17 Q. All right. 18 You did that with Janush? 19 A. Yes, he had photos and -- 20 Q. But nothing like that ever happened with 21 Ms. Maxwell, correct? 22 MS. SCHULTZ: Object to form. 23 THE WITNESS: No. 24 BY MS. SCHULTZ: 25 Q. Ms. Maxwell was not present when you MAGNA9 LEGAL SERVICES