EFTA01728468.pdf

• LAW OFFICES OF , GEZRALD B. LErcouar N PORATIO A PROFESSIONAL COR RK 10021 raw YORE, NEW YO T LEPHONE RT GERALD B. LEFC0U FACSIMILE February 1, 2007 BY HAND ey ., Assistant United States Attorn puty Chief, Northern Region ey ice o t e rr mte tates Attorn Southern District of Florid a 01 West Palm Beach, Florida 334 Jeffrey Epstein Dear and s meeting. ing poi nts we intend to cover in today' The following outlines the talk ing the ed in 200 4 and 200 5. Th e matter was investigated dur The events at issue occurr by the Palm Beach County Police Department r beg inn ing in Ma rch 20 05 course of nearly a yea (PBPD). d a view in det ail bel ow , it app ear s that a PBPD detective forme h As will be discussed duc t of Jef fre y Ep ste in (Ep stein). That view tainted bot con early on as to the criminality of the Po lice Re por t' and led the PBPD to ign ore evidence inc lud e in the the determination of what to investigating officers, includ ing ignoring t the ini tial con clu sio n of the that did not suppor nsel. terial evi den ce sup pli ed to the State Attorney by defense cou ma ; we also believe t the PB PD has sou ght you r intervention in this matter view the We understand tha PB PD ma y well have affected how you rep ort s of the that the misleading and inaccurate provided at Rep ort, to wh ich we ma ke refe rence throughout the letter, is A copy of the unredacted Police we do not have an redacted Police Report because provided to you pag es 81 - 87 are tak en fro m the Tab 1. Note, which were er documents cited herein, all of unredacted copy of these pages. Oth e s. previously, are annexed in successiv Tab At EFTA01728468  ., Assistant United States Attorney eputy Chiet Northern Region ice o e m tates Attorney Southern District of Florida February 1, 2007 Page 2 ention. We respectfully submit that matter and whether you believe.it warrants federal interv here. The conduct at issue is entirely there is no basis for the exercise of federal jurisdiction standards and policies. And indeed, as local and subject to State prosecution under the State's g to this matter. That indictment is you know, Epstein has been indicted for felony charges relatin still pending. • of federal Moreover, key elements that are necessary to support the invocation , the evide nce will not support a jurisdiction in this area are wholly lacking. As we detail below n was under the age of 18. determination that Epstein knew or believed that any of the wome As aletself Indeed, the witness statements2 demonstrate that the opposite is true. me to say I was 18 because said . if you're not told the PBPD: `told I was 18". Nor is there any then he [Epstein] won't really let you in his house. So I said commerce for the purpose of evidence whatever that any of the women traveled in interstate ed in interstate commerce for the engaging in prohibited sexual activity or that Epstein ever travel cates for any federal violation. purpose of engaging in prohibited sexual activity — the clear predi the discretionary exercise of Neither is there any reason to breach the Petite Policy in favor of ed in a prosecution by State federal jurisdiction: there has been a full investigation that has result rt. And, even if a case authorities on charges deemed appropriate and that the facts will suppo nted, the extraordinary forensic could be made, and the exercise of federal jurisdiction were warra sses who themselves have barriers to a successful prosecution, including the need to use witne cution, compel that no case provided sworn statements that contradict key elements of any prose pursue was informed by be brought. In fact, we believe the State's choice in which charges to the significant credibility problems of the potential witnesses. I. The Facts Will Not Support a Charge Under Federal Statutes Governing Sexual Conduct not been identified, Although to date the federal statutes Epstein may have violated have I nevertheless, there are certain key elements common to the statutes gover ning sexual conduct that we believe present insurmountable hurdles to any federal prosecution. We are, prepared to provide further explication of why particular statutes are inapp alleged here once the statutes you believe may apply have been specified. of course, licable to the conduct We are prepared to provide copies of all recordings if requested them. 2 EFTA01728469  LAW OFFICES OF GERALD B. LEFGO1IRT, P.G. Assistant United States Attorney IIIPIEll Deputy Chief, Northern Region ce o the United States Attorney Southern District of Florida February 1, 2007 Page 3 1. Epstein Did Not Know or Believe Any Women Were Under 18 Years of Age. Each of the potential statutes requires that the government prove that Epstein knew or believed a particular woman was under 18 (or in some instances, under 16), at the time of the events at issue. Epstein did not. There is substantial evidence, found in the sworn statements of the women themselves, that to the extent any were in fact under the age of 18, each affirmatively lied about her age because she knew that Epstein would not "let [her] into his house" if she were under 18. Evidence also supports that Epstein took affirmative steps to ensure that every woman was at least 18 years of age. In fact, many were indisputably over the age of 18.3 • Q: At any time, did he speak to you and does he know how old you are? Did he know how old you were? A: . . .As a mater of fact, told me to say I was 18 because said tell him you're 18 because if you're not, then he won't really let you in his house. So I said I was 18. As I was giving him a massage, he's like, how old are you? And then I was like 18. But I kind of said it really fast because I didn't want to make it sound like I was lying or anything. (Statenent of 3/15/05). • Q: Did he ask you your age? A: Yeah, I told him I was 18. (Sworn Statement of 10/05/05). • Q: Did he know your age? A: I don't think -- I think he did. Downstairs was like oh, well if they ask you how old are you just say you're 18 but that witnesses= were all over the age of 18 at the time each visited Epstein's home. EFTA01728470  LAW OFFICES OF &zest» B. LEPCOITRT, P.V. ., Assistant United States Attorney M R ,. eputy Chief, Northern Region ceo e nt States Attorney Southern District of Florida February 1, 2007 Page 4 he never asked me how old I was. I thought you had to be 18 to give a massage (inaudible). (Sworn Statement of 12/13/05 ) • A: We were supposed to say we were 18. Q: Who told you that, to say that? A: M. (Sworn Statement of 11/8/05). • He likes the girls who are between the ages of 18 and 20. (Sworn Statement of 10/3/05). • concerning Well with I don't know how old she is because she lied about her age. She lied to me when I first met her. When I was 18 she told me she was 18. (Inaudible.) Well she left her purse at my house and she told me to make sure that I didn't look in her purse. When I went through her purse I found her state license that said she. was 16 so she lied to me about her age. (Statement of 10/03/05).4 • Q: Now, how old were you when you first started going there? A: Eighteen. I'm Snow this last " (Sworn Statement of 10/12/05): 'tion to giving a sworn statement at the PBPD Station, conversations with Detective hile biliiisported to and from the station were also recorded. This excerpt is taken from e recording o' traveling from the station. EFTA01728471  IJIMP OPPICES Of Gintstit B. Lintoo-oitt, P.G. NW ., Assistant United States Attorney ., Deputy Chief, Northern Region ce o e United States Attorney Southern District of Florida February 1, 2007 Page 5 • Q: And all this occurred when you were athough? A: Uh-huh. I had been or like 8 months nine months already. My birthday is in so I had been for a while. (Sworn Statement of 2/3/05). • Q: Okay. How old are you now? You're — A: I'm Q: You're So a couple months ago you would have been what A: Uh-huh. Q: Alright. So ou would have been On the verge o A: Uh-huh. (Sworn Statement of 11/4/05). • • Q: Okay. Did they appear young to you? A: Yes. They were young. You know, that I never seen anybody older than 28 or something like that. Q: Anybody younger than 18? A: It's hard to say that, sir. You know there were a lot of girls that were very, very young, but you know for me to say they were minors, you know, you know, I never see their driver's license.5 (Sworn Statement of 1/4/06). a To irfoils ut about the age of the women in context, referring to Epstein's girlfriend, she was "very, very young". Sworn Statement of 1/4/06. Since date of birth is she was in fact twenty at the relevant time. EFTA01728472  LAW OFFICES OF GZRM B. LEECOURT, P.C. ., Assistant United States Attorney eputy Chief Northern Region ce o ear States Attorney Southern District of Florida February 1, 2007 Page 6 explicit evidence of their being Even as to those women with respect to whom there is no misrepresentations of being so, each was at least 18 at the time or having made affirmative introduced to Epstein through either or others,6 who instructed the women to say they were 18 even if they were not. Thus, pr this critical element would be lacking. Prohibited Sexual Activity. 2. No Travel Was For the Purpose of Engaging in engaging in unlawful sexual Federal law criminalizes travelfor the purpose of knowingly 631, 638 (3d Cir. 2004); United States activity with minors. United States v. Hayward, 359 F.3d highest level of culpability in the four v. TykarslLy, 446 F.3d 458, 471 (3d Cir. 2006). This is the uses. "The different levels in this tier hierarchy of culpability that the Model Penal Code culpability, as purpose, knowledge, hierarchy are commonly identified, in descending order of particular result is said to act recklessness, and negligence. .. [A] person who causes a the likelihood of that result purposefully if 'he consciously desires that result, whatever U.S. 394, 404 (1980), quoting United happening from his conduct' United States v. Bailey, 444 States v. United States Gypsum Co., 438 U.S..422, 445 (1978).7 to require that the illegal The Supreme Court has repeatedly interpreted this language nsen v. United States, 322 U.S. activity be the dominant motive for thetravel. See, e.g., Morte engage in the conduct outlawed 369, 373 (1944) (". . .an intention that the women or girls shall interstate journey and must be by Section 2 must be found to exist before the conclusion of the Hawkins v. United the dominant motive of such interstate movement) (emphasis supplied); was whether petitioners States, 358 U.S. 74, 79 (1958) ("[T]he only factual issue in the case ce of prostitution. . .); Cleveland dominant purpose in making the trip was to facilitate her practi the unlawful purpose was v. United States, 329 U.S. 14, 20 (1946) ("There was evidence . . . that the dominant motive."). nant purpose in going There is no basis for concluding that Epstein's paramount or domi even if we assume to Palm Beach on any occasion was to engage in proscribed sexual activity, travel was motivated that some such conduct occurred while he was there. Epstein's interstate ent of 10/3/03. 6 Asia said, "Like I said, some bring friends who bring friends". Statem 18 U.S.C. § 2423 7 Indeed, a 2003 change in the law, redefining the men tea necessary for a violation of underscores with respect to international travel, left untouched thestandard for domestic travel, and thus F.3d 1100, 1104- the strict standard needed for a prosecution in this area. See United States v. Clark, 435 05 (9th Cir. 2006). EFTA01728473  LAW OF!ICC S OP Gip B. LEPCOURT, P.G. PEW ., Assistant United States Attorney .,Deputy Chief, Northern Region ice of the Unite States Attorney Southern District of Florida February 1, 2007 Page 7 by his need to be outside of New York for tax reasons. That was the principal purpose of his travel: to be certain not to be present in New York in excess of half of each year. That he chose Florida as his destination was a function of his decision made long ago to maintain a home there, which also was not motivated by any desire to or intention to engage in prohibited sexual activity. Epstein has maintained a connection to Florida for nearly 30 years, the last seventeen as a homeowner. Prior to that Epstein rented homes in the area. Epstein's parents also lived there for years and, before his mother's death in 2004, especially during the four years of illness that led to her death (his father died earlier), Epstein frequently traveled to see her. Since their deaths, he has traveled to Florida specifically to visit their graves. Epstein's brother, too, maintains a home in Palm Beach County. Indeed, Epstein has been traveling there regularly, integrating into the Palm Beach community. He was a member of The Breakers Club from 1993 to 2006. He maintains bank accounts in Florida, including accounts at the First Bank of the Palm Beaches, in which bank he had an ownership interest, as well. He holds a concealed weapons permit from the State of Florida; maintains the corporate records of his two airplanes in Florida, which airplanes receive virtually all of their scheduled maintenance work in Florida; has titled and registered twelve automobiles in Florida, as well as his boat; the majority of all demonstrations and inspections of new aircraft and boats have been done in Florida; until recently has maintained a driver's license in Florida; and he employs pilots who reside in Florida. So ensconced in Florida is he that his regular physician is based in Florida and most medical procedures he has had performed over the years have been done in Florida. Foundations he controls have donated generously and regularly to Ballet Florida during the period from 2000 to 2007. Epstein also uses his home in Florida for meeting regularly with important business contacts, many of whom either live or maintain residences in the Palm Beach area. Beginning in 2003 and continuing through most of 2004, Epstein also traveled frequently to Florida to negotiate the purchase of the Abraham Gosman Estate, which was finally sold at auction in November 2004. Although, Epstein was ultimately outbid, nearly a dozen trips to Florida were made in direct pursuit of his offer. In furtherance of these activities — being out of New York for in excess of half of each year, visiting his mother and brother, meeting with business associates, and negotiating the purchase of the Gosman Estate — Epstein made 65 separate trips to Florida in 2004 and 20058. There trips are reflected on the flight records previously provided to ; here because of their bulk. If you you. We are not reproducing them would like an additional copy we will provide it. EFTA01728474  LAW OFFICES OF Gran= B. LF•scouRt, P.G. Assistant United States Attorney eputy Chief, Northern Region of the V m e States Attorney Southern District of Florida February 1, 2007 Page 8 And mas sage s wer e enti rely inci den tal to the purpose of his travel to Florida. Having not itself give rise to n the othe r purp oses of his trav el to Florida, the act of going there can typically give it can be demonstrated that Epstein e of an imp rope r purp ose. Inde ed, any inferenc his time at his home in Florida. spent between one third and one half for is no evid ence that any of the wom en traveled in interstate commerce Likewise, ther e s that one of en a in in the con duc t alle ged. Though the Police Report suggest the purp ose of eled on clai med that one or more of the women in question trav the witnesses, confused plan e, a care ful rea ing of the interview itself shows that the detective tein 's age of Eps ts, his girl frie nd, and her frie nds , all of whom arc indisputably over the Epstein's assistan so claim, the flight with the wom en at issu e here . More to the point, even if Sid r 18, stat eme nts of the pilo ts sho w con clusively that none of these women eve records and the of the conduct of Epstein's planes to engage in any traveled in interstate commerce on any alleged. vel. in the Conduct at the Time of the Tra 3. There Was No Intent To Engage massages el occurred for the purpose of getting Even assuming arguendo that any trav tein had time he was traveling to Florida Eps from women, there is no evidence that at the 18. Thus, even if, on he knew or believed was under planned to engage in the conduct with a pers purpose Eps tein purp osef ully eng aged in a proscribed act (which is denied), that once in Florida, a particular plete, while a particular massage with arose long after his travel to Florida was com masseuse was in progress. ld lie for the conduct elle ed to have It is for these reasons that no prosecution wou 13-15) a woman occurred with According to the Police Report (at occasion. The nts, met with Epstein on only one evidently in fact under 16 at the time of the eve ld see Epstein had no knowledge that he wou evidence is that at the time he traveled to Florida, or any person who m he kne w or anyone at all, let alone knowledge that he would see ows occurred during the time- believed was under 16. Thus, whatever the evidence ed because there is no evidence Epstein was in Epstein's home, any case would be fatally flaw ting traveled in interstate commerce with any intention of mee was traveling to Florida on any • •• Similarly, there is no evidence that at the time he activity with any other person whom he particular occasion he intended to engage in prohibited , knew or believed was under 18. EFTA01728475  LAW OFFICES OF P.C. Ciiiim&ID B. 12:Fcatrat, ., Assistant United States Attorney deputy Chief, Northern Region ice o t e nite States Attorney Southern District of Florida February 1, 2007 Page 9 al Basis or Are H. Statements in the Police Report that Have No Factu Contradicted by the Record (conducted in person or by We have reviewed recordings of many of the interviews We have compared them to the telephone) and controlled calls cited in.the Police Report. rt and Probable Cause Affidavit.9 In statements purporting to summarize them in the Police Repo Police Report attributed to these sworn instance after instance, we find material statements in the instances, are flatly contradicted, recorded statements that either simply were not said, or in some highlight the most significant ones. by the witness who purportedly made the statement. We identified to date: 1. EIMISSworn Statement of 3/15/05) • Police Report at 15: glistated seemed upset or jealous when she told her that she receiv ee hundred dollars". PBPD Transcript at 26-27:19 $300 like, let me see what he gave you. And then I showed her my aril s like, we're going to Marshalls". 2. (Sworn Statement of 10/04/05) • Police Report at 30: "Sometime during the massage Epstein pulled her close to him." Sworn Statement: "Qii:Dic..fi ds me but I was like you in any way? A: He was like kind of like leaning towar He did not touch you could tell I was shy so I think that's why he didn't. Q: you ina propriately? A: No". 3. (Telephone Interview of 10/04/05) • Police Report at 34: "As was a'_ on Jeff was unable to . ere is no mention in her tive 'n the same. 9 There were three Probable Cause Affidavits prepared and executed by Detec conce rning Epstein. to the one date. The affidavits are in all material respects identical and we here refer Repor t, for It is annexed at Tab 2. Because the Probable Cause Affidavit merely parrots the Police simplicity we refer solely to the Police Report. 19 We have not reviewed a recording of the bulk of thanterview. Instead we are relying on a transcript with which we were provided. EFTA01728476 ' I ` LAW OFFICES or irmArap B. lazpcount, P.G. ., Assistant United States Attorney eputy Chief, Northern Region O ice o t e nite States Attorney Southern District of Florida February 1, 2007 Page 10 statement &EMI sE ME . EM • Police Report at 34: stated she is aware that her friend, la was also at a ouse and had a problem with Jeff." There is no a mention in her statement of being at Epstein's house or having a problem with Epstein. 4. (Sworn Statement of 11/14/05) • Police Report at 52: also stated she was sixteen years old when she first went to Epsteins ouse . Sworn Statement: "Q: Okay. How old were you when you first went there? A: Seventeen. Q: Seventeen. A: And I was 17 the last time I went there too. I turned Shis past 5. (Sworn Statement of 11/8/05) • n occasion E stein would Sworn Statement: "Did he ever, did he ever take out any 6. (Sworn Statement of 2/3/06) • Police Report at 80: "I asked her if she provided the masse e said she id." Sworn Statement: "Well, I was not — . iew 7. (Sworn Statement of 11/21/05) • Police Report at 57: fated that towards the end of his employment, the masseuses were younger and younger". Sworn Statement at 9": "Did they seem young to you? A. No, sir. Mostly no. We saw one or two young ones in the last year. Before that, it was all adults ... I remember one girl was young. We never asked how old she was. It was not in my job . . . But I imagine she was 16, 17". • Police Report at 57: "[T]he bed would almost always have to be made after the massage". Sworn Statement at 11-12: ". . . At the end, it was a few times that the bed was undone. You know, we make the beds three or four times a ',Mt We have not reviewed a recording of the interview. However, we were provided with a etkertitied transcript of it. EFTA01728477