EFTA00184224

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Dear Ms. Villafafia and Mr. Lourie: 
LAW OFFICES Of 
GERALD B. LuttatiRT, P.C. 
A PROFESSIONAL CORPORATION 
148 EAST 70'" STREET 
NEW YORK, NEW YORK 10021 
GERALD B. LERCOURT 
Www1Glefeowfiew.com 
SHERYL E. REICH 
tolthalertauellaw.com 
RENATO C. STABILE 
slebReelorcourUaW.00m 
FAITH A. FRIEDMAN 
Illedomaxvilaw.cam 
TELEPHONE 
(212) 737.0400 
FACSIMILE 
(212) 9/30-0192 
February 1, 2007 
BY HAND 
An, 
Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Jeffrey Epstein 
The following outlines the talking points we intend to cover in today's meeting. 
The events at issue occurred in 2004 and 2005. The matter was investigated during the 
course of nearly a year beginning in March 2005 by the Palm Beach County Police Department 
(PBPD). 
As will be discussed in detail below, it appears that a PBPD detective formed a view 
early on as to the criminality of the conduct of Jeffrey Epstein (Epstein). That view tainted both 
the determination of what to include in the Police Report' and led the PBPD to ignore evidence 
that did not support the initial conclusion of the investigating officers, including ignoring 
material evidence supplied to the State Attorney by defense counsel. 
We understand that the PBPD has sought your intervention in this matter; we also believe 
that the misleading and inaccurate reports of the PBPD may well have affected how you view the 
A copy of the unredacted Police Report, to which we make reference throughout the letter, is provided at 
Tab I. Note, pages 81 - 87 are taken from the redacted Police Report because we do not have an 
unredacted copy of these pages. Other documents cited herein, all of which were provided to you 
previously, are annexed in successive Tabs. 
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LIW1 OFFICES OF 
GERALD B. I .11:FGOTTRT, P.C. 
A. 
Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February I, 2007 
Page 2 
matter and whether you believe it warrants federal intervention. We respectfully submit that 
there is no basis for the exercise of federal jurisdiction here. The conduct at issue is entirely 
local and subject to State prosecution tinder the State's standards and policies. And indeed, as 
you know, Epstein has been indicted for felony charges relating to this matter. That indictment is 
still pending. 
Moreover, key elements that are necessary to support the invocation of federal 
jurisdiction in this area are wholly lacking. As we detail below, the evidence will not support a 
determination that Epstein knew or believed that any of the women was under the age of 18. 
Indeed, the witness statements-2 demonstrate that the opposite is true. As 
herself 
told the PBPD: ' 
_ told me to say I was 18 because 
said . . . if you're not 
then he [Epstein] won't really let you in his house. So I said I was 18". Nor is there any 
evidence whatever that any of the women traveled in interstate commerce for the purpose of 
engaging in prohibited sexual activity or that Epstein ever traveled in interstate commerce for the 
purpose of engaging in prohibited sexual activity — the clear predicates for any federal violation. 
Neither is there any reason to breach the Petite Policy in favor of the discretionary exercise of 
federal jurisdiction: there has been a full investigation that has resulted in a prosecution by State 
authorities on charges deemed appropriate and that the facts will support. And, even if a case 
could be made, and the exercise of federal jurisdiction were warranted, the extraordinary forensic 
barriers to a successful prosecution, including the need to use witnesses who themselves have 
provided sworn statements that contradict key elements of any prosecution, compel that no case 
be brought. In fact, we believe the State's choice in which charges to pursue was informed by 
the significant credibility problems of the potential witnesses. 
1. 
The Facts Will Not Support a Charge Under Federal Statutes 
Governing Sexual Conduct 
Although to date the federal statutes Epstein may have violated have not been identified, 
nevertheless, there are certain key elements common to the statutes governing sexual conduct 
that we believe present insurmountable hurdles to any federal prosecution. We are, of course, 
prepared to provide further explication of why particular statutes are inapplicable to the conduct 
alleged here once the statutes you believe may apply have been specified. 
2 We are prepared to provide copies of all recordings if requested them. 
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LAW OFF ICES OF 
GF21A.1.13 B. Isrciotrarr, Y.G. 
A. 
ME 
Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of 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 Affe. 
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 lie 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. (Statement 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 
3 In addition to the women referenced herein, the evidence reflects that witnesses 
were all over the age of 18 at the time each 
VISIICO epslwn s nowt. 
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LAW OFFICES OF 
GRIRAI.D B. LTCPCOURT, P.O. 
A. 
Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February 1, 2007 
Page 4 
he never asked me how old I was. 1 thought you had to be 18 
to give a massage (inaudible). (Sworn Statement of 12/13/05 ) 
• 
A: We were supposed to say we wore 18. 
Q: Who told you that, to say that? 
A: 
(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). 
• 
Well with 
I don't know how old she is because 
she lied about ner age. sne lied to me when I first met her. 
When 1 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 1 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 19 now this last March." (Sworn Statement of 
10/12/05). 
4 In addition to giving a sworn statement at the PBPD Station, 
conversations with Detective 
Recarey while being transported to and from the station were also recorded, This excerpt is taken from 
the recording of 
;raveling from the station. 
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UAW nr ICFS or 
Orarzew 13. 
C4  • • urc, P.C. 
A.-, 
Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February 1, 2007 
Page 5 
Q: And all this occurred when you were 18 though? 
A: Uh-huh. 1 had been 18 for like 8 months, nine months already. 
My birthday is in June so I had been 18 for a while. (Sworn 
Statement of 2/3/05). 
Q: Okay. How old arc you now? You're -
A: I'm 20 
Q: You're 20. So a couple months ago you would have been 
what, 19? 
A: Uh-huh. 
Q: Alright. So July, August you would have been 19, 20. On the 
verge of 20? 
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). 
ja
' 
' comments about the age of the women in context, referring to Epstein's girlfriend, 
Rodriguez stated she was "very, very young". Sworn Statement of 1/4/06. Since 
r
dato of birth is 
she was in fact twenty at the relevant time. 
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LAW OF NOES OF 
GERALD a 113:10001:fRT, P.C. 
Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February I, 2007 
Page 6 
Even as to those women with respect to whom there is no explicit evidence of their being 
at least 18 at the time or having made affirmative misrepresentations of being so, each was 
introduced to Epstein through either 
or others,6 who instructed the women to say they 
were 18 even if they were not. Thus, proof of this critical element would be lacking. 
2. No Travel Was For the Purpose of Engaging in Prohibited Sexual Activity. 
Federal law erhninalizes travel for the purpose of knowingly engaging in unlawful sexual 
activity with minors. United States 
Hayward, 359 F.3d 631, 638 (3d Cir. 2004); United Stales 
v Tykarsky, 446 F.3d 458, 471 (3d Cir. 2006). This is the highest level of culpability in the four 
tier hierarchy of culpability that the Model Penal Codc uses. "The different levels in this 
hierarchy are commonly identified, in descending order of culpability, as purpose, knowledge, 
recklessness, and negligence. . . [AI person who causes a particular result is said to act 
purposefully if 'he consciously desires that result, whatever the likelihood of that result 
happening from his conduct.' United States !Bailey, 444 U.S. 394, 404 (1980), quoting United 
Slates u United Slates Gypsum Co., 438 U.S. 22, 445 (1978).7
The Supreme Court has repeatedly interpreted this language to require that the illegal 
activity be the dominant motive for the travel. See, e.g., Mortensen 'United States, 322 U.S. 
369, 373 (1944) (". . .an intention that the women or girls shall engage in the conduct outlawed 
by Section 2 must be found to exist before the conclusion of the interstate journey and must be 
the dominant motive of such interstate movement") (emphasis supplied); Hawkins 
United 
Slates, 358 U.S. 74, 79 (1958) ("[T]he only factual issue in the case was whether paitioners 
dominant purpose in making the trip was to facilitate her practice of prostitution. . .); Cleveland 
I United States, 329 U.S. 14, 20 (1946) ("There was evidence .. . that the unlawful purpose was 
the dominant motive."). 
There is no basis for concluding that Epstein's paramount or dominant purpose in going 
to Palm Beach on any occasion was to engage in proscribed sexual activity, even if we assume 
that some such conduct occurred while he was there. Epstein's interstate travel was motivated 
As 
mid, "Like I said, some bring friends who bring friends". Statement of 10/3/03. 
Indeed, a 2003 change in the law, redefining the mens rea necessary for a violation of 18 U.S.C. § 2423 
with respect to international travel, left untouched the,standard for domestic travel, and thus underscores 
the strict standard needed for a prosecution in this area. See United States I Clark, 435 F.3d 1100, 1104-
05 (9°' Cir. 2006). 
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LAW OFF ICES or 
Gitlitat 
B. 14.132COU HT, P.G. 
Esq., Assistant United States Attorney 
n rew oune, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February 1, 2007 
Page 7 
by his need to be outside of New York for tax reasons. Thai 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, lie 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 arid 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 you. We are not reproducing them 
here because of their bulk. If you would like an additional copy wo will provide it. 
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LAW OFFICES Of 
GERALD 13. LIWCOURT, P.C. 
Villafalia, Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February I, 2007 
Page 8 
Having massages were entirely incidental to the purpose of his travel to Florida. And 
given the other purposes of his travel to Florida, the act of going there cannot itself give rise to 
any inference of an improper purpose. Indeed, it can be demonstrated that Epstein typically 
spent between one third and one half his time at his home in Florida. 
Likewise, there is no evidence that any of the women traveled in interstate commerce for 
the purpose of engaging in the conduct alleged. Though the Police Report suggests that one of 
the witnesses, Alfredo Rodriquez, claimed that one or more of the women in question traveled on 
Epstein's plane, a careful reading of the interview itself shows that the detective confused 
Epstein's assistants, his girlfriend, and her friends, all of whom arc indisputably over the age of 
18, with the women at issue here. More to the point, even if Rodriquez did so claim, the flight 
records and the statements of the pilots show conclusively that none of these women ever 
traveled in interstate commerce on any of Epstein's planes to engage in any of the conduct 
alleged. 
3. There Was No Intent To Engage in the Conduct at the Time of the Travel. 
Even assuming urguendu that any travel occurred for the purpose of getting massages 
from women, there is no evidence that at the time he was traveling w Florida Epstein had 
planned to engage in the conduct with a person he knew or believed was under 18. Thus, even if, 
once in Florida, Epstein purposefully engaged in a proscribed act (which is denied), that purpose 
arose long after his travel to Florida was complete, while a particular massage with a particular 
masseuse was in progress. 
It is for these reasons that no prosecution would lie for the conduct alleged to have 
occurred with 
According to the Police Report (at 13-15) 
a woman 
evidently in fact under th at the time of the events, met with Epstein on only one occasion. The 
evidence is that at the time he traveled to Florida, Epstein had no knowledge that he would see 
anyone at all, let alone knowledge that he would see 
Dr any person whom he knew or 
believed was under 16. Thus, whatever the evidence shows occurred during the time 
was in Epstein's home, any case would be fatally flawed because there is no evidence Epstein 
traveled in interstate commerce with any intention of meeting 
Similarly, there is no evidence that al the time he was traveling to Florida on any 
particular occasion he intended to engage in prohibited activity with any other person whom he 
knew or believed was under 18. 
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LAW OFFICES OF 
GERST.T9 B. I .P.MCAITIR'r, P.C. 
Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February 1, 2007 
Page 9 
II. 
Statements in the Police Report that Have No Factual Basis or Are 
Contradicted by the Record 
We have reviewed recordings of many of the interviews (conducted in person or by 
telephone) and controlled calls cited in the Police Report. We have compared them to the 
statements purporting to summarize them in the Police Report and Probable Cause Affidavit.9 In 
instance after instance, we find material statements in the Police Report attributed to these sworn 
recorded statements that either simply were not said, or in some instances, are flatly contradicted, 
by the witness who purportedly made the statement. We highlight the most significant ones 
identified to date: 
1. 
(Sworn Statement of 3/15/05) 
• 
Police Report at 15: " 
stated 
seemed upset or jealous when she 
told her that she received three hundred dollars". PBPD Transcript at 26-27:10
like, let me see what he gave you. And then I showed her my $300 
and she's like, we're going to Marshalls". 
2. 
(Sworn Statement of 10/04/05) 
• Police Report at 30: "Sometime during the massage Epstein grabbed her 
buttocks and pulled her close to him." Sworn Statement: "Q: Did he touch 
you in any way? k He was like kind of like leaning towards me but 1 was like 
you could tell I was shy sot think that's why he didn't. Q: He did not touch 
you inappropriately? A: No". 
3. 
(Telephone Interview of 10/04/05) 
• 
Police Report at 34: "As 
was wearing tight jeans and had a tight belt 
on Jeff was unable to touch her buttocks". There is no mention in her 
There were three Probable Cause Affidavits prepared and executed by Detective Recarey on the same 
date. The affidavits arc in all material respects identical and we here refer to the one concerning Epstein. 
It is annexed at Tab 2. Because the Probable Cause Affidavit merely parrots the Police Report, for 
simplicity we refer solely to the Police Report. 
I" We have not reviewed a recording of the bulk of the 
interview. Instead we are relying on a 
transcript with which we were provided. 
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LAW OFFICES or 
%RAW B. TASFGOTTRT, P.G. 
Ale 
Vil'aloha, Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief; Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February I, 2007 
Page 10 
statement of what she was wearing or Epstein's inability to touch her because 
of it. 
• 
Police Report at 34:' 
stated she is aware that her friend, 
was also at the house and had a problem with Jeff." There is no 
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 Epstein's house". 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. 1 turned 18 this past June". 
5. 
(Sworn Statement of 11/8/05) 
• 
Police Report: "On occasion, Epstein would use a massage/vibrator, which 
she described as white in color with a large head, on her." Sworn Statement: 
"Did he ever, did he ever take out any toys? A: No". 
6. 
(Sworn Statement of 2/3/06) 
• 
Police Report at 80: "I asked her if she provided the massage naked. 
laid 
she did." Sworn Statement "Well, I was not — I wasn't naked. Like 1 was in 
boy shorts and like topless and boy shorts". 
7. Juan Alessi (Sworn Statement of 11/21/05) 
• 
Police Report at 57: "Alessi stated that towards the end of his employment, 
the masseuses were younger and younger". Sworn Statement at 911: "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 ...1 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: Tillie 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 
I I We have not reviewed a recording of the Alessi interview. However, we were provided with a 
certified transcript of it. 
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lAWOIPPICES 
Gramm B. Damon Fn., P.C. 
Mal
t, Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February I, 2007 
Page I I 
day. And sometimes we went to clean up the massage to put it back, the 
massage table, to pick up the towels, but the bed was undone again. So either 
he took a nap or lw went for a nap, I don't know. Q Or something else 
occurred? A. Or something else. I cannot [sai]". 
8. 
(Sworn Statement of 10/11/05) 13
• 
Probable Cause Affidavit at II : " 
advised that during her frequent visits 
Epstein asked for her real age, 
stated she was 16. Epstein advised her 
not to tell anyone her real age". There is no such statement in her recording. 
• 
Police Report at 40: Hall recounted how F 
" 
the bedroom, 
she entered and removed her clothing .. . 
[Epstein's 
girlfriend] entered the room from the steam room area already naked." These 
events are not described in 
statement. 
• 
' 
s 
ause Affidavit at 12 "" 
dated Epstein would photograph 
and her naked and having sex and proudly display the 
photographs within the home". Sworn Statement: ".. . it was me standing in 
front of a big white marble bathtub . .. it wasn't like, I was, you know, 
spreading my legs or anything for the camera. I svas like, 1 was standing up. I 
think I was standing up and I just like, it was me kind of like looking over my 
shoulder kinda smiling, and that was that". 
• 
Police Report at 40: " 
stated that on one occasion she] continued rubbing 
his legs, thigh, and feet. 
. [and then Epstein] turned over onto his back. 
She continued to rub his legs with the oils. Epstein touched her breasts and 
began to masturbate". These events appear to be synthesized from 
account of two separate incidents. However, concerning neither did 
make mention of rubbing Epstein's legs, thighs, and feet or of Epstein turning 
over onto his back. 
12 This statement is also directly contradicted by other witnesses, who never made any accusation that 
any activity ever occurred on the bed. 
was interviewed by Detective Recarey twice, once by telephone, and once in person. The portions 
of the Police Report to which we refer specifically cite the in-person interview of 
as the source for 
the information reported. We have reviewed the recording of that interview and base me comparison on 
that. We have never heard a recording of the telephone interview. 
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LAW orrice. or 
GERALD B. L.Fax-A2nTRT, P.C.. 
Esq., Assistant United States Attorney 
Andrew Louric, Esq., Deputy Chief, Northern Region 
Office of the United Slates Attorney 
Southern District of Florida 
February 1, 2007 
Page 12 
• 
Police Report at 40: "Epstein had purchased 
from her family in 
Yugoslavia . . . [and] bragged ho brought her to the United States to be his 
Yu oslavian sex slave". No such statement is made by 
who refers to 
as Epstein's "girlfriend" and refers offhandedly to other women 
in the home as "slaves", 
111. Material Omissions from the Pollee Report 
In addition to the misstatements in the Police Report and Probable Cause Affidavit as to 
the evidentiary record, there were also material omissions, both of facts known to the PBPD and 
also of facts not known by the PBPD though known by the State's Attorney. In the latter 
instance, the lack of knowledge was the result of the PBPD's refusal to receive the evidence. 
Thus, anyone relying on the Police Report or Probable Cause Affidavit would have a skewed 
view of the facts material to this matter. Examples follow. 
1. 
The Video Surveillance Equipment Located in Epstein's Office and Garage. Both 
the Police Report (at 43) and the Probable Cause Affidavit (at 18) make particular 
mention of the "discovery" of video surveillance equipment (or "covert cameras" as 
they are called) in Epstein's garage and library/office. Inclusion of this information 
insinuates a link between the equipment and the events at issue: the Probable Cause 
Affidavit notes (at 18) that "on the first floor of the [Epstein] residence I [Detective 
Recarey] found two covert cameras hidden within clocks. One was located in the 
garage and the other located in the library area on a shelf behind Epstein's desk 
The computer's hard drive was reviewed which showed several images of 
and other witnesses that have been interviewed. All of these images appeared 
to come from the camera positioned behind Epstein's desk". 
Clearly omitted from both the Police Report and the Probable Cause Affidavit is the 
fact that the PBPD, and specifically Detective Recarey, knew about the cameras since 
the cameras were installed in 2003, with the help of the PBPD, to address the then 
of cash from Epstein's home. This fact is detailed in a Palm Beach Police Report 
prepared in October 2003 detailing the thefts, the installation of video equipment, the 
video recording capturing Alessi (then Epstein's house manager) "red handed", and 
the incriminating statements made by Alessi when he was confronted at the time. See 
Alessi Police Report (annexed at Tab 3) at 5, 8. The contemporaneous police report 
confirms the fact that the video footage was turned over to Detective Recarey 
himself. 
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LAW OFFICES OF 
Gitrins, B. DirCOURT, P.C. 
A. 
Villafafia, Esq., Assistant United States Attorney 
Andrew Louric, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February 1, 2007 
Page 13 
2. 
Polygraph Examination a 
rt. On May 2, 2006, Epstein submitted to a 
polygraph examination by 
Slattery, a highly respected polygraph examiner 
who is regularly used by the State Attorney. The examination was done at a time 
when we were told that the sole focus of the investigation was the conduct with 
A copy of the Report is annexed at Mb 4. 
Epstein was asked (a) whether he had "sexual contact with 
(b) 
whether he "in anyway threaten[ed] 
; (c) whether he was told by 
"that she was 18 years old"; and (d) whether he "believed 
vas 18 years old", As set forth in the Report of the examination, the term 
••sexual contact" was given an extremely broad meaning in order to capture any 
inappropriate conduct that could have occurred.14 The results of the examination 
confirmed that (i) no such conduct occurred; (ii) Epstein never threatened 
told Epstein she was 18 years old; and (iv) Epstein believed ^ 
was 18 years old. Though the results of the examination were given to the PBPD and 
a meeting scheduled for the PBPD to meet with the polygraph examiner to satisfy 
itself as to the bona fides of the exam, representatives of the PBPD refined to attend 
the meeting and no information concerning the fact of the exam or the results 
appeared in the Police Report or the Probable Cause Affidavit. 
3. 
Broken "Sex Toys" in Epstein t Rash. The Police Report details the police finding 
in Epstein's trash what is described as broken pieces of a "sex toy" and that this 
"discovery" purportedly corroborated witness statements. Omitted from both the 
Police Report and the Probable Cause Affidavit is the fact that during the course of 
executing the search warrant in Epstein's home, the police discovered the other piece 
of that key "sex toy" and realized it was in fact only the broken handle of a salad 
server. Though "sex toys" play a prominent role in the Police Report and Probable 
Cause Affidavit, the Police Report was never amended to reflect the discovery of this 
new and highly relevant evidence. 
4. 
Meetings with the State Attorney's Office. On multiple occasions, attorneys 
representing Epstein met with prosecutors and investigators in the State Attorney's 
Office. Though there is vague reference to one or more meetings with counsel (see, 
The definition included: "sexual intercourse, oral sex acts (penis in mouth or mouth on vagina), finger 
penetration of the vagina, finger penetration of the anus, touching of the vagina for sexual gratification 
purposes, touching of the penis for sexual gratification purposes, masturbation by or to another, touching 
or rubbing of the breasts, or any other physical contact involving sexual thoughts and/or desires with 
another person". 
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LAW Orr ICtS OF 
GR:RA-T.D B. 1-RIPCOTJRT, P.G. 
A. 
, Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February 1, 2007 
Page 14 
e.g., Police Report at 64, 87), virtually no information provided or evidence turned 
over to them regarding the alleged witnesses is included in the Police Report or 
Probable Cause Affidavit. Instead, there are misleading or false references to such 
meetings. For example, the briefest reference is made to a conversation Detective 
Recarey had on June 1, 2006, with ASA 
regarding a meeting earlier that 
day between representatives of the State Attorney's Office and defense attorney Jack 
Goldberger (Police Report at 87). Omitted are the facts of the meeting (Police Report 
at 87): In addition to the presence of other defense counsel, there was in attendance 
both Slattery, who administered the polygraph examination, and a psychiatrist who 
had performed a rigorous psycho-sexual evaluation of Epstein and who concluded 
that Epstein not unhealthy and posed no danger. Both experts were made available 
tor questioning by the State Attorney and the PBPD; unfortunately, the PBPD refused 
to attend the meeting. Nor is there any mention of the presentation made by defense 
counsel in which the claims being made With respect to 
then the sole 
focus of any potential prosecution) were rebutted. 
5. 
Failure to Consider Exculpatory or Impeaching Evidence. Other exculpatory and 
impeaching evidence known by the PBPD was omitted from the Police Report and 
Probable Cause Affidavit by, in our view, manipulating the date the investigation was 
allegedly closed. Accordin to the Police Report (at 85), Detective Recarey 
"explained [to ASA 
that the PBPD had concluded its case in December 
of 2005". That assertion, which is false, conveniently resulted in the omission of all 
information adduced subsequent to that date. Thus, though the Police Report in fact 
contains information obtained after December 2005, the PBPD purported to justify its 
refusal to consider, or even to include, in the Police Report, the Probable Cause 
Affidavit or what it released to the public, all the exculpatory and impeaching 
evidence presented on behalf of Epstein, most of which was provided after December 
2005. That evidence is listed below. 
6. 
Unreported Criminal Histories and Mental Wealth Problems of the Witnesses 
Relied on in the Police Report and Probable CauseAffidavit. Evidence obtained 
concerning the witnesses relied upon to support the Probable Cause Affidavit casts 
significant doubt on whether these witnesses are sufficiently credible to support a 
finding of probable cause, let alone to sustain what would be the prosecution's burden 
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LAW OFFICES or 
Gzavan 13. LErcaomr, P.G. 
Esq., Assistant United States Attorney 
Andrew Louric, Esq:, Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February 1, 2007 
Page 15 
of proof at a trial's Though such evidence was submitted to the PBPD, none of it 
was included in the Police Report or the Probable Cause Affidavit. 
a. Juan Alessi: While the Police Report (at 57) and the Probable Cause Affidavit (at 
21) contain assertions by Alessi which allegedly support the bringing of a criminal 
charge, omitted is the evidence revealing Alessi's evident mental instability; prior 
criminal conduct against Epstein; and bias towards Epstein. 
• 
Juan Alessi Admitted Buralarizine Enstein's Home and Mental 
Health Issues. As detailed above (at 12-13), in 2003, Alessi was filmed 
taking money from Epstein's home. After being caught on videotape 
unlawfully entering Epstein's home and stealing cash from a briefcase, 
Alessi admitted to the PBPD that he entered the house unlawfully on 
numerous occasions, stealing cash and attempting to steal Epstein's 
licensed handgun to commit suicide. Though this information was known 
by Detective Recarey at the time the Police Report and Probable Cause 
Affidavit were preparekand is clearly material to any determination of 
credibility, it was omitted. 
b. 
as the source of the vast majority of the 
serious allegations made 
ainst Epstein. While the Police Report and Probable 
Cause Affidavit rely on
numerous assertions, there are two significant 
problems with that reliance. 
irst there is no mention of material admissions 
made UMduring her interview, as well as on her MySpace webpage 
(discovered by defense investigators and turned over to the State Attorney). A 
copy of the webpage is annexed at Tab 5. Second, all but omitted from the Police 
Report is any reference to the facts known about her by the PBPD, specifically, 
that at the time 
as making these assertions she had been arrested by the 
PBPD and was. 
prosecuted for possession of marijuana and drug 
paraphernalia. A copy of the Police Report documenting Hall's arrest is 
13 While we have never intended to and do not hem seek gratuitously to cast aspersions on any of the 
witnesses, in previously asking the State and now asking you to evaluate the strength of any case that 
might be brought, we have been constrained to point out the fact that the alleged victims chose to present 
world through MySpace profiles with self-selected monikers such as "Pimp Juice" 
ab 5) anefab 
13) or with nude photos.. 
a 
. 
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LAW OFFICCS OF 
GEnAna B. 1-13PCOURT, P.C. 
A. 
, Esq., Assistant United States Attorney 
Andrew ',mark, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February 1, 2007 
Page 16 
annexed at Tub 6. We take each in turn. 
• 
 
Admits Voluntary Sexual Conduct With Epstein, 
Refuses to DiscTose the Disposition of the Monies She Earned, and 
Lies About Being "Given" a Car by Epstein: Detective Recarey failed 
to include in the Police Report 
admission that on one occasion she 
engaged in sexual conduct with Epstein's girlfriend as her birthday "gift" 
to Epstein. Nor does Detective Recarey include the fact that 
flatly 
refused to discuss with him the disposition of the thousands of dollars she 
said site was given by Epstein, or that she falsely claimed not to use drugs, 
despite her MySpace entries that scream "I can't wait to buy some 
weedllfill I". Detective Recarey was aware the car had been rented, not 
purchased, and only month to month for two months. While 
fanciful claim that she was given a car appears in the Police Report, it is 
never corrected. 
• 
I
Was Arrested for Possession of Marina and Drug 
Paraphernalia. As noted, on September 11, 2005,=was arrested for 
possession of marijuana and drug paraphernalia. See Tab 6. In response 
to this arrest, 
"came forward" (as the Probable Cause Affidavit 
implies at 10-11), claiming she had knowledge of "sexual activity taking 
place" at Epstein's residence and misconduct by Epstein. (This "coming 
forward" appears no where in the Police Report.) Thus, it becomes clear 
that 
assertions of misconduct by Epstein were motivated by a desire 
to avoid the repercussions of her own criminal conduct, which should have 
been taken into account whcn assessing her credibility as a witness. 
• 
Steals From a Victoria's Secret Store. An investigation 
S
ivate investigators working for the defense revealed that in late 2005 
was employed at a Victoria's Secret store in Florida. Three days after 
her marijuana case was terminatedawas caught by a store manager as 
=attempted to leave the store with merchandise In her purse, the 
security tag still attached. See Incident Report annexed at Tab 7. Seeing 
the manager, 
claimed "someone is trying to set me up". Following an 
internal investigation, which disclosed additional thefts from both the store 
and a customer, she was fired. In a recorded interview, 
admitted to 
stealing and asserted that her reason for doing so was that "she was not 
getting paid enough". This information and supporting documentation 
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LAW OFFICES Cr 
GRRAT.T3 B. 1.urc.orrin, P.C. 
A. 
INN, Esq., Assistant United States Attorney 
Andrew Louric, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February I, 2007 
Page 17 
was presented to the PBPD, but was never included in the Police Report or 
Probable Cause Affidavit. 
• -  
Lies on MvSnace About Victoria's Secret Store 
Termination. Also uncovered by defense investigators is 
dissembling version of the Victoria's Secret debacle on her "MySpace" 
webpage. There% nnounccd that she "... forgot to let everyone 
know I quit my job at 
They said they suspected me of 'causing losses 
to their company' — which by the way is bullshit. I was 'by the book' on 
EVERYTHING!!! . .. I got so fed up in that office that 1 handed the Loss 
Prevention lady back my keys and walked out". This information and 
supporting documentation was provided by the defense to the PBPD, but 
was not included in the Police Report or Probable Cause Affidavit. 
• 
as 18 at the Time She Alleges to Have Engaged in 
exua 
on uct with Epstein. Epstein deities he ever had sex with.. 
However, even if he did, evidence, in the form of a credit card receipt,' 
was presented to the PBPD and the State Attorneirce which confirms 
that any such encounter occurred at a time when 
vas already 18 years 
of age. (Indeed, it is our understanding that it was this information, 
combined with a theft report of her employer that highli hted her lack of 
credibility, that led the State Attorney to conclude tha 
as neither 
credible nor a proper complainant.) This information, ough known to 
the PBPD, was omitted from the Police Report or the Probable Cause 
Affidavit. 
• 
!lies on her Victoria's Secret Job Application. 
Addition 
mmtion on Hall's MySpace webpagc casts further doubt on 
her credibility. For example, she boasts to having engaged in a fraudulent 
scheme to get hired by Victoria's Secret, explaining, "Oh, it was so funny 
— I used [my boyfriend] as one of my references for my Victoria's Secret 
job and the lady called me back and told me that William Tucker gave me 
such an outstanding reference that she did not need to call anyone else 
back, . . . he got me the job! Just like that . . . I lied and said he was the old 
stock manager at Holister — she bought it.. ." This information and 
16 A copy is annexed at Tab 8. 
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LAW OFFICES OF 
GER/LED R LEITCOURT, P.C. 
Esq., Assistant United States Attorney 
Andrew Louric, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February I, 2007 
Page 18 
• 
supporting documentation was provided by the defense to the PBPD, but 
was not included in the Police Report or Probable Cause Affidavit. 
toasts 
About Her Marijuana Use. Also on her 
MySpace webpage can be founaidmissions of purchasing and 
using marijuana and marijuana paraphernalia. Specifically 
tates she 
"can't wait to buy some weed!!! . 
I can't wait!!! . . . (Hold on: let me 
say that again) I can't wait to buy some weed!!!. . . I also want to get a 
vaporizer so I can smoke, in my room because apparently there are 'naives' 
everywhere...so posted a photograph of a marijuana cigarette and 
labeled it "what heaven looks like to me". This information and 
supporting documentation was provided by the defense to the PBPD, was 
not included in the Police Report or Probable Cause Affidavit although 
there is both a fleeting reference in the Police Report to 
se of 
marmi,
i
ma with her boyfriend (at 67) and in the Probable Cause Affidavit 
to 
iarijuana arrest (at 10-11)). 
 
Lies, Alleging Defense Investigators Impersonated 
Police Officers. During the course of the investigation, the defense was 
notified that an unidentified witness claimed that defense investigators had 
impersonated police officers in an effort to get her statement. The defense 
subsequently concluded that these accusations were made by
 (A 
reference to this accusation was included in the Police Report (at 67) and 
the Probable Cause Affidavit). Defense counsel immediately questioned 
the investigators and learned the accusation was baseless; the investigators 
a business card clearly identifying them as private investigators. 
initially declined to speak to the investigators because she said she 
"does not speak to cops", to which the investigators responded they were 
not "cops". Despite having this information from defense counsel, the 
PBPD failed to include it in the Police Report or Probable Cause Affidavit, 
instead citing only 
claims. 
e. 
 
While the Police Report and Probable Cause Affidavit contain 
numerous assertions intended to negat 
tdmission she told Epstein she 
was 18, omitted from these documents is re erence to 
ySpace 
webpage, where she affirmatively represented to the world tha she was 18, 
thereby corroborating her lie to Epstein. A copy of 
MySpace webpage 
is annexed at Tab 9. Also omitted is any reference to her long history of run-ins 
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LAW OFF ices or 
GERALD 13. I.EICOURT, P.C. 
Esq., Assistant United States Attorney 
Andrew Loudc, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February 1, 2007 
Page 19 
with law enforcement. Among those are multiple runaway complaints by her 
parents and her assignment to a special high school for drug abusers. 
• lialVivSinace 
Webnage States She Drinks, Uses Drugs, Gets 
into Trouble, Has Beaten Someone Up, Shoplifts, Has Lost her 
Virginity, Earns $250,000 and Higher, and Contains Naked and 
Provocative Photographs. The first image seen on 
MySpace 
webpage, the photo 
chose to represent her, rs t rat o a naked 
woman provocatively lying on the beach. The illuminating webpage also 
containsMEll assertions that of all her body parts, she "love[s] her 
ass", she drinks to excess, uses drugs, "gets into trouble", has beaten 
someone up, has shoplifted "lots", "already lost" her virginity, and earns 
"$250,000 and higher". As with the other impeaching information, this 
material, vital to determining credibility, was provided by the defense to 
the PBPD but was never included in the Police Report or Probable Cause 
Affidavit. 
• 
Police Contacts — Drugs, Alcohol, Bunning Away From 
Home. 
has a history of running away/turning up missing from 
her parents' various homes; of using drugs and alcohol; and of associating 
with unsavory individuals. For example, a Palm Beach County Sheriff's 
Office Report (annexed at Tab 10) details how only two days after she 
returned to Florida to live with her father, on March 31, 2006, police were 
called to the home in response to her father's report that she and her twin 
sister were missing. The Police Report describes her as "under the 
influence of a narcotic as [she] could barely stand up, [her] eyes were 
bloodshot and [her] pupils were diluted [sic]". It further documents that 
id her sister had stayed out all nigl 
d were returned home 
by a "drug dealer". This event coincided with 
rt 
laving been 
found at an "ina ro riate location" by Georgia police in response to a 
call abou
isappearance. Although this information, material 
to determining credibility, was provided by the defense and known to the 
PBPD, it was never included in the Police Report or Probable Cause. 
Affidavit. 
(I. Daniel 
While the Police Report and Probable Cause Affidavit rely on 
statements ot Daniell 
father, omitted is Daniel 
federal bank fraud conviction (annexed at Tab II), which defense 
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LAW OFFICES OF 
G FIRAT.D B. LRITC.01 nrr, 
A 
, Esq., Assistant United States Attorney 
Andrew Lourie, Esq., Deputy Chief, Northern Region 
Office of the United States Attorney 
Southern District of Florida 
February 1, 2007 
Page 20 
investigators discovered and turned over to the PBPD during the course of the 
investigation. .ervcd 
21 months in federal prison for his offense. 
e. 
'While 
the Police Report and Probable Cause Affidavit rely on 
statements of Itaft 
 
Step-mother, omitted is - 
=State 
conviction for identity fraud (annexed at Tab 12). This 
information, uncovered by defense investigators, was also turned over to the 
PBPD during the course of the investigation. 
IV. 
The Facts of This Case Militate Against Bringing a Federal Prosecution 
A. 
Declining To Prosecute as an Exercise of Discretion 
Epstein is being prosecuted by state authorities in Florida. Even if we assume aiguendo 
that Epslein's conduct constitutes a federal crime that can be proven, nevertheless no "substantial 
Federal interest" would be served by prosecuting him. On this question, the United States 
Attorney's Manual (USAM) itself gives specific guidance. Section 9-27.230 provides: 
In determining whether prosecution should be 
declined because no substantial Federal interest 
would be served by prosecution, the attorney for the 
government 
should 
weigh 
all 
relevant 
considerations, including: Federal law enforcement 
priorities; the nature and seriousness of the offense; 
the deterrent effect of prosecution; the person's 
culpability in connection with the offense; the 
person's history with respect to criminal activity; 
the person's willingness to cooperate in the 
investigation or prosecution of others; and the 
probable sentence or other consequences if the 
person is convicted.I7
Each of these factors militates against prosecution. As indicated, federal law enforcement 
priorities focus on particular phenomena involving the sexual abuse of minors, the use of the 
17 Each of these factors is discussed in greater detail in USAM 9-27.230(B). 
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