EFTA00226396

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1 
A 
Yes. 
2 
Q 
And then there were some that were under the 
3 
age of 18, correct? 
4 
A 
Yes. 
5 
Q 
And as part of the federal investigation did 
6 
you have to investigate what we call the interstate 
7 
nexus aspect of the case? 
8 
A 
Yes. 
9 
Q 
And can you explain to the Grand Jury what 
10 
that is? 
11 
A 
we looked at -- Mr. Epstein, as I mentioned 
12 
earlier, has two aircrafts, and we focused in on the 
13 
year 2004, 2005, he took approximately 60 trips to his 
14 
residence in Palm Beach, the majority of that time 
15 
focusing in on his assistant's cell phone, which his 
16 
assistant's name is MS 
we took a look at her
17 
cell phone records and the majority of the times that 
18 
Mr. Epstein would fly into Palm Beach Mrs. 
ms. Kellen 
19 
would contact many of our underage victims either prior 
20 
to coming into Palm Beach, the day of, the day before, 
21 
even the day after, and certainly throughout the time 
22 
that Mr. Epstein was at his residence in Palm Beach. 
23 
Q 
And from the interviews of the girls that have 
24 
been conducted, what was the subject of those telephone 
25 
calls? 
OFFICIAL REPORTING SERVICE (954) 467-8204 
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1 
A 
can you restate the question? 
2 
Q 
Sure. From the interviews of the girls that 
3 
have been conducted, what was the subject matter of the 
4 
telephone calls Irom 
S 
A 
would schedule the underage girls 
6 
to come and work, perform the massages for Mr. Epstein, 
7 
so she was responsible, she as well as another 
8 
assistant, 
, they were his personal 
9 
assistants who would set up appointments for Mr. Epstein 
10 
for the girls to come and perform their sexual massages. 
11 
Q 
All right. Is 
lso considered a 
12 
target of this investigation? 
13 
A 
Yes, she is. 
14 
Q 
And I will just 
I will spell 
15 
or the Grand Jury. The irst name is 
16 
nd the last name is spelled 
17 
, and does IIIIIIIIIIIIIhave a new last 
18 
name? 
19 
A 
Yes, she does, she is married and her name is 
20 
21 
Q 
Fa 
at least a subject of 
22 
this investigation, in other words, you are 
23 
investigating her activity? 
24 
A 
we are looking at that. 
25 
Q 
In addition to those two assistants, from the 
OFFICIAL REPORTING SERVICE (954) 467-8204 
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1 
interviews of the girls, is there anyone else who is 
2 
associated with Mr. Epstein who is thought to be 
3 
involved in this activity? 
4 
A 
5 
companion, girl Iriend, personal assistant, she through 
6 
the testimony of the girls has engaged in sexual 
7 
activity with 
8 
Q 
And 
So Ms. 
9 
Marcinkova is also at least a subject of the 
10 
investigation, correct? 
11 
A 
Yes, she is. 
12 
Q 
Now, as part of this investigation you 
13 
mentioned that subpoenas were issued on behalf of either 
14 
the old Grand Jury or this Grand Jury. 
15 
Can you run through what subpoenas have been 
16 
issued and what documents have been received in response 
17 
to that? 
18 
A 
Sure. We issued a Grand Jury subpoena to 
19 
colonial Bank and we received financial records on 
20 
credit card accounts and individuals. 
21 
we subpoenaed washington Mutual and they did a 
22 
search and were unable to locate records at this time. 
23 
we issued a Grand Jury subpoena for Capital One and 
24 
served that and that is still unresolved at this time as 
25 
far as them providing documents to us. 
has been referred 
at least three of the underage 
to as his 
minors. 
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1 
we have subpoenaed chase credit card and we 
2 
have received documents from chase. we have subpoenaed 
3 
two businesses that Mr. Epstein has at least partial 
4 
ownership or associated to, Hyperion Air, Inc. and JEGE, 
5 
Inc., they were issued subpoenas and they have provided 
6 
documentation to us. 
7 
we have subpoenaed Mr. David Rogers, who is a 
8 
pilot of Mr. Epstein's, and we have received 
9 
documentation from mr. Rogers. we have subpoenaed DTG 
10 
Operations, who is doing business as Dollar Rent-A-Car, 
11 
and we have received car rental agreements and financial 
12 
records from that business. 
13 
we have subpoenaed Royal Palm Beach High 
14 
school and have received documentation regarding the 
15 
students' records. We have subpoenaed three or four of 
16 
the victims, 
being the first, and we have 
17 
received a bathing suit from 
18 
we issued a Grand Jury subpoena to 
19 
Miller, we actually have issued 
three subpoenas, 
20 
and we are still working on resolving her Grand Jury 
21 
material as well as testimony. 
22 
we have issued 
a subpoena, we 
23 
have issued -- she also is one of our underage victims. 
24 
we've issued Reimer Employment Agency a Grand Jury 
25 
subpoena and we have received documentation, that is an 
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1 
2 
3 
4 
received that. By the way, that is the only thing that 
5 
I did not bring with me today, I brought everything 
6 
else, but it is rather a lot of evidence, so we will 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
Touch Flowers located here 
19 
have received documentation 
20 
Grand Jury subpoena to Bill Hammond, another pilot for 
21 
Mr. Epstein, we have spoken with him. 
22 
we have issued a Grand Jury 
23 
Visoski , another one of Mr. Epstein's 
24 
have received documentation 
25 
employment agency located on the island of Palm Beach. 
we have subpoenaed the Palm Beach Police 
Department for their evidence in this case and we have 
probably be bringing that to you another time. 
we have issued the Clerk of Courts of the 
State of Florida for Grand Jury transcripts in the state 
matter and we have received those. we have issued the 
Good Samaritan Hospital lor billing records and we have 
received those. 
we have issued a Grand Jury subpoena to the 
Dalton school located in New York and at this time they 
do not have the records we have requested or could not 
locate those. 
We have issued a Grand Jury subpoena to Extra 
in west Palm Beach and we 
from them. We issued a 
subpoena to Larry 
pilots, and we 
as well as spoken to him. 
We have issued a Grand Jury subpoena to Janusz 
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1 
Banasiak, who is the property manager currently for 
2 
Mr. Epstein at his Palm Beach residence, and we have 
3 
received documentation as well as spoken to him, and we 
4 
have issued a Grand Jury subpoena to Adriana mucinska 
5 
and have received some documentation and are still 
6 
awaiting a response. 
7 
Q 
Now, you mentioned that you didn't bring with 
8 
you the evidence that you received from the Palm Beach 
9 
Police Department, but did you bring with you all of the 
10 
other evidence that was received in response to the 
11 
subpoenas? 
12 
A 
I have. 
13 
Q 
And is that evidence in the two boxes that are 
14 
here in the front? 
15 
A 
Yes. 
16 
Q 
we will bring all of this back to you when we 
17 
present the indictment, but would anyone like to look at 
18 
any of the documentation today? 
19 
A GRAND JUROR: what does the documentation 
20 
constitute, basically, the subpoenas? 
21 
THE WITNESS: It is primarily business 
22 
records, flight manifests, stuff that came from him 
23 
traveling to and from Palm Beach, credit card 
24 
records, the businesses as far as the rental 
25 
agreement which involves some of the underage girls 
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1 
with the rental cars, and flower shop, you know. 
2 
A GRAND JUROR: will we have an opportunity 
3 
later to go through these it we need to? 
4 
Yes, we will bring them when 
5 
we present the indictment. Yes, ma'am. 
6 
A GRAND JUROR: If I should hold this for 
7 
later let me know, she mentioned the hospital 
8 
records were subpoenaed, could more information 
9 
about why they were subpoenaed be provided at this 
10 
time? 
11 
BY al 
12 
Q 
You can answer that. 
13 
A 
One of the girls that was an underage 
that 
14 
was underage at the time that is involved with 
15 
Mr. Epstein has had a baby and we were interested and 
16 
wondering if possibly he was the father of that baby, 
17 
which at this time we do not believe he was. 
18 
A GRAND JUROR: Thank you. 
19 
: A question? 
20 
A GRAND JUROR: Did the flight manifest show 
21 
passengers on the plane? 
22 
THE WITNESS: Yes, they d0. 
23 
A GRAND JUROR: were any of the passengers the 
24 
underage girls that were a target of the 
25 
investigation? 
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1 
THE WITNESS: At this time we have not 
2 
associated any of these underage girls as being the 
3 
passengers. The flight manifests, sometimes the 
4 
pilot if they did not know who the passenger was 
5 
would put one passenger or one female, one male, 
6 
these were private planes and they, you know, may 
7 
not have felt like they can go up and ask, but we 
8 
don't have any evidence at this time to believe 
9 
that they were any of our victims. 
10 
: Any follow-up? Any other 
11 
questions from the Grand Jury? Yes, ma'am. 
12 
A GRAND JUROR: The records that you 
13 
subpoenaed from the high school, what were they 
14 
used for or why were they instrumental in the 
15 
investigation? 
16 
THE WITNESS: Those are the girls' school 
17 
records and we are just looking at the girls' 
18 
records. 
19 
A GRAND JUROR: Absenteeism? 
20 
THE WITNESS: Just looking at some of their 
21 
grades and performances and how they did in school. 
22 
Ladies and gentlemen, before 
23 
we continue, the witness has mentioned a few names 
24 
of the minors and that is confidential information, 
25 
obviously everything that you hear within these 
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1 
walls is confidential. 
2 
BY 
3 
Q 
Now, 
, after -- in 
4 
addition to issuing the subpoenas, you mentioned that 
5 
one of the subpoenas was to the Palm Beach Police 
6 
Department. Did you review any of the evidence that 
7 
they collected? 
8 
A 
Yes. 
9 
Q 
And can you, for example, did the Palm Beach 
10 
Police Department interview any girls? 
11 
A 
Yes, they did, they interviewed several of the 
12 
girls, most of the girls, they took taped statements 
13 
from the girls either in the form of a tape-recorder or 
14 
through video. 
15 
Q 
And you have reviewed some of those 
16 
interviews, correct? 
17 
A 
Yes, we have. 
18 
Q 
And has the FBI performed any interviews? 
19 
A 
Yes, we have, we have performed interviews of 
20 
past and current employees of Mr. Epstein as well as 
21 
focusing in on the girls, the girls that were underage 
22 
at the time of the sexual activity, we wanted to 
23 
determine with these girls, again, the sexual activity 
24 
that took place with Mr. Epstein as well as how old they 
25 
were at the time, if they traveled with mr. Epstein, any 
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1 
gifts that they may have gotten, so we did reach out to 
2 
several of the underage minors and gathered more 
3 
information Irom them. 
4 
Q 
And through the FBI'S investigation has the 
5 
FBI identified additional victims that perhaps the state 
6 
police officers did not know about? 
7 
A 
Yes, we are still trying to identify, get 
8 
first names of girls and going back and looking through 
9 
school yearbooks and attempting to try to locate friends 
10 
of friends, so we are still in the process, when you 
11 
interview one of the girls and you ask if any of their 
12 
friends went, they sometimes will give you other names, 
13 
so we are in the process of still uncovering victims and 
14 
reaching out and interviewing additional girls that we 
15 
believe possibly were underage at the time of this 
16 
sexual activity. 
17 
Q 
If I could ask you to step outside. 
18 
(The witness was excused from the Grand Jury 
19 
room.) 
20 
(Questions posed by the Grand Jury.) 
21 
(The witness was recalled to testify before 
22 
the Grand Jury.) 
23 
BY 
24 
Q 
one of the Grand 
25 
Jurors asked whether there was any evidence of force or 
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1 
coercion. 
2 
A 
when talking to the girls they were told that 
3 
they may have to -- they were going there to perform a 
4 
massage, possibly model lingerie, they went there 
5 
sometimes on multiple occasions and they may start of 
6 
wearing their clothing and then he would instruct them 
7 
to remove their clothing, the girls either performed 
8 
these massages in the nude or keeping their underwear 
9 
on. 
10 
As they went back again and again on some of 
11 
the occasions the girls would take off more and more of 
12 
their clothing, so when they first started they may be 
13 
fully clothed and then when they came back he would 
14 
instruct them to remove more of their clothing, so as 
15 
far as coercion, they were paid 8200 to $400 to perform 
16 
these massages. 
17 
They are not trained in performing massages, 
18 
they don't -- they are not masseuses, but yet iI you ask 
19 
if they were coerced, they were paid quite a bit of 
20 
money for 30 to 45 minutes work. 
21 
Some of the girls, being that they were minors 
22 
going to his residence, got in over their heads and did 
23 
not always return or come back, some of our victims did 
24 
not come back after, you know, they did go down to their 
25 
thong underwear and Mr. Epstein did perform sexual acts 
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1 
either by -- and I didn't get into that, but either by 
2 
stroking their vagina on the outside of their panties or 
3 
sometimes inside their panties as well as fondling them, 
4 
and the girls, many of our victims did not realize that 
5 
that was what was going to happen. 
6 
Q 
And was there one instance where Mr. Epstein 
7 
actually engaged in vaginal intercourse with a girl 
8 
against her will? 
9 
A 
Yes, he did, one of our victims who had been 
10 
going there over a lengthy period of time had told 
11 
Mr. Epstein on several occasions that he was not to do 
12 
that and he did turn her around, threw her on the 
13 
massage table and penetrated her. 
14 
Q 
A Grand Juror asked how old Mr. Epstein is. 
15 
A 
He was 45 at the time that we are looking at 
16 
him at that time period. 
17 
Q 
A Grand Juror asked if you know the proportion 
18 
of girls who were underage versus 18 or older. 
19 
A 
The majority of the girls that we are looking 
20 
at are victims, well, all of our victims that we are 
21 
looking at were under the age of 18. 
22 
As far as all of the girls that have been 
23 
interviewed, the majority definitely were under 18. To 
24 
give you a number, I would have to go and count, but I 
25 
would say in the state investigation there were over 25 
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1 
girls identified and more than a majority would have 
2 
been under the age of 18. 
3 
Q 
A Grand Juror asked whether we have obtained 
4 
Mr. Epstein's DNA and whether there was any DNA testing 
5 
of the baby that you spoke of earlier. 
6 
A 
No, we have not. 
7 
Q 
A Grand Juror asked how Mr. Epstein would make 
8 
contact with the girls, was this done via computer or in 
9 
some other method? 
10 
A 
I am sorry, 
his personal 
11 
assistant, would contact, or on some occasions 
12 
would also contact the girls via their cell 
13 
phone and we have message pads from the residents that 
14 
also indicate the girls calling the home in response to 
ilillill 
15 
some of those phone calls, so they would call, 
16 
would call, the majority of the calls were made 
17 
by 
to the girls arranging for these, you 
18 
know, can you come at this time, can you come at that 
19 
time. 
20 
Q 
And is the cellular telephone a facility of 
21 
interstate commerce? 
22 
A 
Yes, it is. 
23 
Q 
And then one of the Grand Jurors asked whether 
24 
the assistants knew that the girls were underage or 
25 
committed sex acts. 
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1 
Did anybody, have you interviewed anybody who 
2 
affirmatively told you that they told 
Kellen their 
3 
age or what was going on behind closed doors? 
4 
A 
No, no, not at this time, not at this time. 
5 
Q 
And what leads you to believe that she, for 
6 
example, 
knew or should have known what was 
IIIIIIIIIIIII 
7 
going on? 
8 
A 
There are so many girls that 
Kellen 
9 
contacted to give Mr. Epstein massages that have no 
10 
training in massages, and that 
was aware 
IIIIIIIIIIII 
11 
that girls were bringing other girls, you know, their 
12 
friends to do these massages. 
13 
Kellen was also making appointments for 
14 
legitimate massages for Mr. Epstein Irom legitimate 
15 
masseuses that would come and give him massages, so the 
16 
number of girls, their appearances at the time would 
17 
lead us to believe that 
had knowledge that 
18 
these girls were underage. 
19 
Q 
All right. Thank you very much. Those were 
20 
all the questions from the Grand Jury. 
21 
A GRAND JUROR: Actually, I have two more, 
22 
but. 
23 
m5. VILLAFANA: Okay. 
24 
A GRAND JUROR: what was the actual age range 
25 
of these girls? 
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1 
THE WITNESS: 14 to I mean. 
2 
A GRAND JUROR: The other one was, how did Ms. 
3 
Kellen actually originally get these girls, how 
4 
were they brought in, I mean how were they, you 
5 
know, because you said she called them when he was 
6 
arriving, but how did these girls come into this in 
7 
the first place? 
8 
A GRAND JUROR: could she speak louder? 
9 
we 
10 
just had a request that you speak louder. 
11 
A GRAND JUROR: 14 and what? 
12 
THE WITNESS: Our victims were 14 to 17, but 
13 
we have girls that are 18, we have girls that are 
14 
20, we have girls that are in their early 20s, and 
15 
your question was? 
16 
A GRAND JUROR: How did she originally get 
17 
them in in the first place? 
18 
THE WITNESS: we are focusing in on 2004, 
19 
2005, we have some evidence to show that this 
20 
activity was taking place even earlier than that, 
21 
certainly to include 2003 if you look at the 
22 
message pads, but focusing in on 2004, 2005, the 
23 
chain started with one of our minors and from that 
24 
minor who goes to the house, mr. Epstein tells 
25 
her -- sees that she is maybe not comfortable with 
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1 
doing the massage the way he would like it and 
2 
tells her that she could bring other girls to do 
3 
the massages and she in fact if she brought another 
4 
girl she would be paid $200 for just bringing 
5 
another girl, so there starts the chain, and 
6 
Mr. Epstein would ask the girls or 
would ask 
7 
the girls or their phone numbers so each time, you 
8 
know, if one of the girls brought a girl and he 
9 
liked her he would ask for her phone number, ask 
10 
her to leave the phone number, or 
11 
would get the phone number and then that girl would 
12 
maybe bring, because if you brought somebody you 
13 
didn't have to do the massage, but you also got 
14 
paid for bringing a new person, so not only if you 
15 
did the massage would you get anywhere from 200 to 
16 
400, but if you brought a new female you would 
17 
receive 200 or $400. 
18 
A GRAND JUROR: Do you know how she solicited 
19 
that original minor? 
20 
THE WITNESS: I don't. well, I know that 
21 
minor was approached by two individuals and we have 
22 
interviewed one of those individuals who we can 
23 
connect back to Mr. Epstein four years, possibly, 
24 
prior to this, and stated that his job was actually 
25 
to drive some of the girls to the residence and 
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1 
that's pretty much where we start off. 
2 
: would the Grand Jury like 
3 
Special Agent Kuyrkendall to maintain the records 
4 
that we received in response to the subpoenas? 
5 
A GRAND JUROR: maintain versus what? 
6 
A GRAND JUROR: What is our choice? 
7 
a 
I don't know that there is. 
8 
guess I could maintain them, but I don't believe we 
9 
have secure storage in here. 
10 
would you like 
11 
maintain custody? 
12 
A GRAND JUROR: Yes. 
13 
You should have something to 
14 
swear her in as a custodian. 
15 
(The witness was sworn in as the custodian of 
16 
records.) 
17 
Thank you, ladies and 
18 
gentlemen, I am the last person for today, so you 
19 
guys are free to go and we will see you probably in 
20 
a couple of weeks, we will be seeing a lot of you. 
21 
(The witness was excused from the Grand Jury 
22 
room.) 
23 
(The testimony of the witness concluded 
24 
before the Grand Jury.) 
25 
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1 
CERTIFICATE OF REPORTER 
2 
3 
4 
I certify pages 2 through 21 are a true 
5 
transcript of my shorthand notes of the testimony of 
6 
E. Nesbitt Kuyrkendall before the Federal Grand Jury, 
7 
west Palm Beach, Florida on the 6th day of February, 
8 
2007. 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
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Page 1 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
IN RE: OPERATION LEAP YEAR 
Federal Grand Jury, 07-103 
West Palm Beach, Florida 
February 27, 2007 
APPEARANCES: 
ESQUIRE 
Assistant United States Attorney 
Foreperson 
TESTIMONY 
OF 
CRIGI\AL 
Exhibit 18 
EFTA00226454

Page 2 
1 
The sworn testimony of 
2 
was taken before the Federal Grand Jury, West Palm 
3 
Beach Division, West Palm Beach, Palm Beach County, 
4 
State of Florida, on the 27th day of February, 2007. 
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 
1 
EFTA00226455