This is an FBI investigation document from the Epstein Files collection (FBI VOL00009). Text has been machine-extracted from the original PDF file. Search more documents →
FBI VOL00009
EFTA00225102
276 pages
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From: Vlllafana, Ann Marie C. (USAFLS) Sent: Monday, February 25, 2008 9:59 AM To: Miller, Caroline (USAFLS) Subject: Question regarding use of Grand Jury Hi Caroline — I have received two conflicting points of view regarding this question, so I thought 1 should ask the expert. Here is my situation: I have been involved in a long-term investigation of a child exploitation case. Throughout the investigation, I have presented evidence and testimony to Grand Jury A. Some of that evidence and testimony related to six victims (of a total of 19 victims), including the live testimony of one of those victims. I also began presenting evidence related to what I called a "draft proposed indictment." For various reasons, the indictment has been delayed about 9 months. And, for other strategic reasons, we have decided to drop the six victims referenced above, and replaced them with a different six victims. The question is now raised as to whether I should continue presenting to Grand Jury A, with a 404(b)-type instruction related to the evidence of the six dropped victims and some sort of instruction regarding the initial "draft proposed indictment", or whether I should present to Grand Jury B, excluding any testimony regarding those six victims. One other consideration — Grand Jury A is due to expire in August, and I anticipate that the investigation will continue for quite some time after indictment. It is possible that the 6 dropped victims will be re-added in a superseding indictment. Thank you. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 1547 08-80736-CV-MARRA P-014624 EFTA00225122
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, February 25, 2008 12:00 PM To: Sloman, Jeff (USAFLS); Senior, Robed (USAFLS); Garcia, Rolando (USAFLS); Atkinson, Karen (USAFLS) Cc: Braden, Myesha ,. Subject: Epstein all - I wanted to raise an issue with you regarding the presentation of the Epstein indictment. I have been A the West Palm Beach Tuesday grand jury in the past, which has included presentation of testimony from R. and agent testimony regarding girls who will no longer be referenced in the indictment. I have conferred with Karen Atkinson and Caroline Heck regarding whether to stay with the same grand jury or present to a different grand jury. They agree that I should present to the same grand jury with some sort of instruction regarding not relying on evidence/testimony regarding those girls. That is my intention. I would like to present on March I I Lb. Epstein will be in town on March 10th for his state court hearing and hopefully we will be able to keep track of his whereabouts until the following day. Karen is reviewing the package now, so it should be in Miami by Monday, March 31 Also, I invited Myesha to be present for the grand jury proceedings, but she is waiting to hear from Alice and Drew about her level of involvement in the case. She is available on that dater so, if Alice and Drew decide about this, she will be able to attend. Thank you. A. Mark Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820.8777 EXHIBIT B-113 Tracking: 1542 08-80736-CV-MARRA P-014628 EFTA00225123
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, February 26, 2008 10:05 AM To: Braden, Myesha Subject: Epstein Hi Myesha — I won't even tell you about how today is starting off badly on this case (politics, of course, not facts). But, in any event, the word is that CEOS is going to undertake an "independent review" of the case and meet with Epstein's attorneys some time next week. My supervisor is finishing the review of the indictment package and I know she caught some typos. When I finish those revisions, I will e-mail to you the entire indictment package, and you can find out what Drew wants to look at. I have one real concern, however. As you know, there are several girls that are still unknown to the defense. I want to avoid any possibility that those names might be disclosed. Should I redact the names of all of the girls from the pros memos that I send to you? Thank you, Myesha. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1520 EXHIBIT I3-114 08-80736-CV-MARRA P-014629 EFTA00225124
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, February 28, 2008 8:41 AM To: Sloman, Jeff (USAFLS) Cc: Senior, Robed (USAFLS) Subject: RE: Confidential Why would we possibly let him keep the same deal after all he has put us through? And after we have discovered 6 new girls, plus another 3 probable victims in New York? A. Mole VillafaAa Assistant 11.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. FL. 33401 Phone 561 209-1047 Fax 561 820.8777 From: Sloman, Jeff (USAFLS) Sent: Tuesday, February 26, 2008 9:34 AM To: Senior, Robert (USAFLS); VIllafana, Ann Marie C. (USAFLS) Subject: Confidential FYI From: Stoman, Jeff (USAFLS) Sent: Monday, February 25, 2008 7:43 PM To: [email protected] Cc: Oosterbaan, Andrew Subject: Epstein Jay, The Section Chief of DOJ's Child Exploitation Obscenity Section (CEOS) notified me today that he will review the matter involving your client Jeffrey Epstein. The Section Chief has indicated that he is ready to proceed immediately, and I understand you are in the process of providing him this week with a summary of issues to be reviewed, and expect to meet with him next week. The Section Chief also indicated that you would be calling this Office regarding the upcoming March 3, 2008 court date in the Fifteenth Judicial Circuit, in and for Palm Beach County. As you know, the Agreement entered into by your client originally provided that the United States 1522 08-80736-CV-MARRA EXHIBIT B-11S P-014630 EFTA00225125
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Attorney's Office for the Southern District of Florida (this Office) would defer prosecution if your client pled guilty to enumerated state charges by October 26, 2007. Since then, that date has been postponed for a number of reasons. At this juncture, it would not be reasonable to keep the current March 3I date as a deadline for compliance with the Agreement. That said, this Office is very concerned about additional delays. Despite this concern, I want to assure you that if counsel for Mr. Epstein meets with CEOS next week (the week of March 31, this Office will extend the time for compliance with the Agreement to provide CEOS time to engage in a thorough review. It goes without saying that in the event that CEOS decides that a federal prosecution should not be undertaken against Mr. Epstein, this Office will close its investigation. However, should CEOS disagree with Mr. Epstein's position, Mr. Epstein shall have one week to abide by the terms and conditions of the September 24, 2007 Agreement as amended by letter from United States Attorney Acosta to Jay Lefkowitz. Jeffrey H. Sloman First Assistant U.S. Attorney Southern District of Florida • • Tracking: 1523 08-80736-CV-MARRA P-01463I EFTA00225126
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 27, 2008 4:28 PM To: Weinstein, David (USAFLS) Cc: Senior, Robert (USAFLS) Subject: RE: To the Civil Rights Chief That is fine. Just please send a copy to me for my file. A. Marie Villafaha Assistant U,S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Weinstein, David (USAFLS) Sent: Wednesday, February 27, 2008 4:22 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Senior, Robert (USAFLS) Subject: Re: To the Civil Rights Chief Bob, Jeff, Alex and I discussed this yesterday. Jeff made some edits to your proposed letter and wants to send it out under Bob's signature. Bob have you had a chance to review Jeff's email? Original Message From: Villafana, Ann Marie C. (USAFLS) To: Weinstein, David (USAFLS) Cc: Senior, Robert (USAFLS) Sent: Wed Feb 27 16:16:36 2008 Subject: RE: To the Civil Rights Chief Hi David -- Have you had a chance to talk to Bob about this? I think my window is close to "opening" and I don't want the bad guys to come up with another reason for delay. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 EXHIBIT B-116 1499 08-80736-CV-MARRA P-014632 EFTA00225127
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Original Message From: Weinstein, David (USAFLS) Sent: Thursday, February 21, 2008 5:03 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Subject: Re: To the Civil Rights Chief Timing is everything. Right now I am at the NAC attending the Criminal Civil Rights Seminar. Your letter seems to cover everything, but I want to chat with Bob about it before we send it out. It should probably be addressed to Stephan Curran, who is the Deputy assigned to cover our District. Bob and I can talk Monday when I get back and we can send out the letter. Since Drew's shop is involved and has been for a while, they will hopefully agree with our/your conclusion. DSW Original Message From: Villafana, Ann Marie C. (USAFLS) To: Weinstein, David (USAFLS) Cc: Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Sent: Thu Feb 21 15:56:01 2008 Subject: To the Civil Rights Chief Hi David - I was just perusing the U.S. Attorney's Manual looking for an answer on another case and I noticed that Section 9-75.030 (regarding Coordination of Child Sex Abuse cases) says that cases involving violations of 18 USC 1591 (related to child sex trafficking) are supposed to be coordinated with CEOS and the Civil Rights Division. According to Section 8-3.120, prior to presentation to the grand jury, the U.S. Attorney is supposed to advise the Civil Rights Division in writing of the following: (a) Identity of the targets of the investigation; (b) The factual allegations to be investigated; (c) The statutes which may have been violated; (I) The United States Attorney's assessment of the significance of the case and whether the case is one of "national interest," and (e) The U.S. Attorney's proposed staffing of the matter (including whether a Civil Rights Division attorney should be assigned to work directly on the matter). Here is my proposal for such a written notification: Dear : Pursuant to USAM Section 8-3.120, I write to inform you of an ongoing investigation of a child exploitation matter that may result in charges of violet' targe. estiga '— t pstein, and a/k/a The inves'iga on as revea ed a effrey pstein would use hiss 1500 08-80736-CV-MARRA P-014633 EFTA00225128
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assistants (Kellen, Marcinkova, and to arrange appointments with minors to engage in commercial sexual activity. ommunications were made via telephones. Once appointments were made, Epstein would travel to the Southern District of Florida, where he maintained a residence, and the minors would travel to his home in Palm Beach where the sexual activity would occur. The Office anticipates charges of violations of Title 18, united States Code, Sections 371, 2422, 2423, and 1591. The investigation of the case by the City of Palm Beach Police Department has resulted in press coverage because of the titillating nature of the facts, but we see this case as similar to other "sex tourism" cases charged by our office, and not a matter of "national interest" as' defined by the U.S. Attorney's Manual. With respect to staffing, the Office has consulted with the Child Exploitation and Obscenity Section, and we anticipate that the case will be staffed by at least one Assistant United States Attorney from our West Palm Beach office and at least one CEOS Attorney. If we determine that the case should be presented for an indictment, a copy will be provided to you. David - If you need any more info, please let me know. Also, the indictment is currently being reviewed by my supervisor. If you want to send the draft to Civil Rights now, please let me know. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 1501 08-80736-CV-MARRA P-014634 EFTA00225129
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Villafana, Ann Marie C. (USAFLS) From: Kuyrkendall, E N. Sent: Thursday, February 28.2008 4:34 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: A fun task We made contact w ny girl. Ny agent to set up interview for next week. Sorry haven't made it over there yet, I'm hoping to finish up qp the GJSs soon. Original Message From: Villafana, Ann Marie C. (USAFLS) <[email protected]> To: Kuyrkendall, E N.; Richards, Jason R. Sent: Thu Feb 28 16:07:12 2008 Subject: A fun task Hi guys - I am still wading through these FedEx records. There are a lot of shipments from "The Art of Women" in Haleiwa, Hawaii. I was able to access their MySpace page and he claims to be a photographer for "aspiring models." He invites aspiring models to visit his website, www.artofwomen.com <http://www.artofwomen.com> , but I cannot access it because DO) blocks me. Can you try? Also, someone from JE's office sent a package to Chiko Hoge, U.S. Secret Service, in Honolulu. It looks like it was around thetime that JE took Clinton to Africa. Dave Rogers also sent a package to "Inspector Lewis, U.S. Customs Service, 1210 Corbin Street, Elizabeth, NJ 07201" There were a lot of packages to Karin Models/MC-squared. name appears as the pers e packages a lot, do we know if sesz works for JE? What about Any word from FBI New York? Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1484 EXHIBIT 13.117 08-80736-CV-MARRA P-014650 EFTA00225130
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, February 29, 2008 4:09 PM To: Senior, Robed (USAFLS); Sloman, Jeff (USAFLS); Weinstein, David (USAFLS) Subject: More good evidence Hi guys — Another New York girl has been identified and will be interviewed next week. We also have FedEx records corroborating a girl who saw Epstein (and received a gift from him) when she was 15. I have e-mailed CEOS about additional information in preparation for their meeting but have received no response. 1.don't know whether I should send them info about the additional girls (to show how this case continues to grow, and has become multi-state) or not send the info to avoid an unintentional leak to Epstein's lawyers. I also wasn't sure whether you guys heard that parents have voluntarily dismissed their case against Epstein. According to the papers here no money changed hands, but it seems unlikely. I will be issuing a subpoena for her deposition transcript. Can someone give me an update? Thank you. A. Marie Vil Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 EXHIBIT B.-118 Tracking: 1474 08-80736-CV-MARRA P-014655 EFTA00225131
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Villafana, Ann Marie C. (USAFLS) From: Kuyrkendall, E N. Sent: Wednesday, March 12, 2008 9:50 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Affidavit Attachments: AttachmentA; flashcardsw.aff Marie, Hey, here Is a rough and do I mean rough copy of the affidavit for the memory cards. Let me know what you think, it seems pretty thin. I did not know If you wanted all of the '4" and "A" passages but I Included it. I did not include A.H. at the bath tub because we are unsure of her age at the time the photo was taken (I am going to recheck to make sure). Paragraphs we need to add and I was hoping you might have - the characteristics of someone who is a collector of Child Pornography and any more technical verbiage regarding the forensic examination. I also did not do an Attachment B(typIcally the items we will be searching for ???). Text me on a time you would like me at your office and I will be there. I will be spending the day in our conference rooming prepping for GI Think about this SW - I guess I. think It Is pretty bad but I am to tired tonight to try and start over.(not sure if there is enough PC) p.s. Jason Is also concerned because he believes he reviewed the flash cards some time ago and now It appears we may not have had legal means. EXHIBIT 13-119 1370 08-80736-CV-MARRA P-014717 EFTA00225132
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AO 93 IRev. 5185) Search Warrant
United States District Court
SOUTHERN
DISTRICT OF
FLORIDA
In the Matter of the Search of
(Name, address or brief description of property or premises to be searched)
One Ritz Big Print Digital Film
128 Megabyte CompactFlash memory card,
marked 3608128AW4801CF53
in the custody of the Federal Bureau of Investigation
SEARCH WARRANT
CASE NUMBER 08-8067-LRJ
TO: E. NESBITT KUYRKENDALL, FEDERAL BUREAU OF INVESTIGATION , and any Authorized Officer of the United
States:
Affidavit(s) having been made before me by
E. Nesbitt Kuvrkendall
who has reason to
Alliant
believe that E] on the person of or Ed on the premises known as (name, description andfor location)
One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card,
marked 3608128AW4801CF53
in the custody of the Federal Bureau of Investigation,
505 S. Flagler Drive, Suite 500, West Palm Beach, Florida
in the
SOUTHERN
lit
of
FLORIDA
there is now
concealed a certain person or property, namely
Me parson or Priseer49
the electronic information contained in that CompactFlash memory card,
which is property that constitutes evidence of the commission of a criminal offense, instrumentalities of such
violations; and any fruits of those crimes, that is, violations of 18 U.S.C. 44 371, 1591, 2252, 2252A, 2422, and
2423.
I am satisfied that the affidavit(s) and any recorded testimony establish probable cause to believe that the person
or property so described is now concealed on the person or premises above-described and establish grounds for the
issuance of this warrant.
YOU ARE HE
OMMANDED to search on or before
he person or
making the search ('
ale cause has been estaS
(Date)
e person or property specified, serving this warrant
Hat any time in the day or night as I find
operty be found there to seize same, leaving a copy
of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or
property seized and promptly return this warrant to the duty Magistrate Judge as required by law.
WEST PALM BEACH. FLORIDA
City and State
LINNEA R. JOHNSON
United States Ma, 'strata
Name and Title of Judicial Of
EXHIBIT 13-120
EFTA00225133
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL This matter comes before the Court upon the United States' Motion to Seal the documents related to its Search Warrant Application. The Court being fully apprised in the premises, orders that the motion is hereby GRANTED. DONE AND ORDERED in chambers, in West Palm Beach, Florida, this / 7 day of March, 2008. cc: A. Marie Villafana, AUSA LINNEA R. JOHNS() UNITED STATES.JvfAGISTRATE JUDGE '.0 EFTA00225134
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(Rm. 06/2005)Seakd Document Du king Form UNITED STATES DISTRICT COURT Southern District of Florida Number: 08-8067-LRJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Party Filing Matter Under Seal On behalf of (select one): Name: A. Marie Villalana. U.S. Attorneys Oleos Address: 500 S. Australian Ave, Siete 400, West Palm Beach, FL 33401 Telephone: 561 820-8711 Date sealed document filed: 3/1712008 1:1 Plaintiff 0 Defendant If sealed pursuant to statute, cite statute: Fed. R. Crim. P. 6(e) (Grand Jury Material) If sealed pursuant to previously entered protective order, date of order and docket entry number: The matter should remain sealed until: K Conclusion of Trial 0 Arrest of First Defendant 1:1 Case Closing 0 Conclusion of Direct Appeal K Other: 0 Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the filed matter should be (select one): El Unsealed and placed in the public portion of the court file Destroyed K Returned to the party or counsel for the party, as identified above Attorney for. Movani l nited Stales o rice EFTA00225135
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Search Warrant for the following reasons: 1. The attached documents contain information relating to an ongoing grand jury investigation; thus, pursuant to Fed. R. Crim. P. 6(e)(6), all records and orders related to the grand- jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before the grand jury. 2. Public disclosure of this matter would jeopardize the criminal investigation, notify potential subjects and/or targets and undermine the public interest and the function of the grand jury. WHEREFORE, the United States respectfully requests that the aforementioned documents be sealed. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. • E VILLAFAM irt Assistant United States Attorney ann.marie.c.villafana®usdoj.gov Florida Bar No. 0018255 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Telephone: 561 820-8711 Facsimile: 561 820-8777 EFTA00225136
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A0106 (Rev. 5/85) Affidavit for Search Warrant United States District Court SOITTHERN In the Matter of the Search of (Name, lektreu or brkf thrurigeSoe of prnoo le be nankin DISTRICT OF FLORIDA One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation APPLICATION AND AFFIDAVIT FOR SEARCH WARRANT CASE NUMBER: 013-8067-LRJ I, E. Nesbitt Kuvrkendall , being duly sworn, depose and say: I am a Special Agent, Federal Bureau of Investigation , have reason to believe that on the person of or X on the premises known as (name, description and/or location): One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, in the custody of the Federal Bureau of Investigation 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the Southern District of Florida there is now concealed a certain person or property, namely (describe the person or property): the electronic information contained in that CompactFlash memory card, which is (give alleged grounds for search and seizure under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence, instrumentalities, and fruits of a crime, concerning violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423. The facts to support the issuance of a Search Warrant are as follows: see Attached Affidavit of E. Nesbitt Kuyrkendall Continued on the attached sheet and made a part hereof. X Yes _N Sworn to before me, and subrbetl in mi..Eresence: 3 (7-6-C Date LINNEA R. JOHNSON UNITED STATES MAGISTRATE( Name and Title of Judicial Officer at 3 77 t (Lc E. Nesbitt Kuyrkendall, Special Agent Federal Bureau of Investigation Signature of J cial Officer EFTA00225137
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AFFIDAVIT
I, E. Nesbitt Kuyrkendall (the "Affiant"), being duly sworn, depose and state:
1.
I am a Special Agent with the Federal Bureau of Investigation ("FBI") and have been
so employed for the past ten (10) years. I am currently assigned to PB-2, the Violent Crimes and
Major Offenses Squad of the Palm Beach County Resident Agency, Miami Division. Among my
responsibilities as a Special Agent are investigating crimes against children, particularly offenses
involving child pornography and the exploitation of children.
2.
I make this affidavit in support of an application by the United States of America for
issuance of a warrant to search and seize evidence of violations of Title 18, United States Code,
Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumentalities of such violations; and any
fruits of those crimes located within electronic media, specifically two 128MB CompactFlash
memory cards, seized in October 2005 by The Town of Palm Beach Police Department("PBPD")
during the execution of a State of Florida search warrant at the premises located at 358 El Brillo
Way, Palm Beach, Florida 33480, owned by Jeffrey Epstein (hereinafter, "Epstein's residence").
Those CompactFlash memory cards are more fully described as follows: (a) one Ritz Big Print
Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, and (b)
one
PNY
Technologies
128
Megabyte CompactFlash memory card, marked
THNCF128MMA(T00CB) 999223 TAIWAN 0247 (hereinafter jointly referred to as "CompactFlash
memory cards").
3.
The facts set forth in this affidavit arc based on my personal knowledge, information
obtained in this investigation from others, including other law enforcement officers, my review of
documents and records related to this investigation, and information gained through my training and
EFTA00225138
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experience. Since this affidavit is being submitted for the limited purpose of securing a search warrant, I have not included each and every fact known to me concerning this investigation, but have set forth only those facts necessary to establish probable cause to believe that evidence, instrumentalities, and fruits of crimes, that is violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423 will be found within the CompactFlash memory cards, specifically the electronic information contained therein. The Statutes involved 4. The investigation involves possible violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423, which provide as follows: a. 18 U.S.C. § 371 makes it an offense for two or more persons to conspire to commit an offense against the United States; b. 18 U.S.C. § 1591(a) makes it an offense for anyone to knowingly, in or affecting interstate commerce, recruit, entice, provide, or obtain by any means a person , knowing that the person has not attained the age of eighteen and will be caused to engage in a commercial sex act; c. 18 U.S.C. §§ 2252 and 2252A prohibit the manufacture, possession, distribution, and receipt of child pornography; 18 U.S.C. § 2422(b) prohibits the use of a facility of interstate commerce, including the telephone, to persuade, induce, or entice a minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense; and e. 18 U.S.C. § 2423(b) makes it an offense for anyone to travel in interstate commerce for the purpose of engaging in any illicit sexual conduct with another person. "Illicit -2- EFTA00225139
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sexual conduct" includes a commercial sex act with a person under eighteen or other sexual conduct with a person under the age of sixteen. 5. Section 2422(b) refers to activity "for which any person can be charged with a criminal offense." Pursuant to: a. Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree;" b. Florida Statutes Section 794.021, "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense;" c. Florida Statutes Sections 800.04(5)(a) and 800.04(5)(c)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age; Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]olicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree; -3- EFTA00225140
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e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner; or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to . . . the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. f. Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]." g. Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]." h. Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." The Epstein Investigation 6. In the Spring of 2006, Detective Joseph Recarey with the Town of Palm Beach Police Department contacted me about the investigation of Jeffrey Epstein's solicitation of minors to engage in prostitution and his lewd and lascivious conduct with minors. The FBI opened a case file in July 2006, and your Affiant is the case agent assigned to the investigation. 7. At around the same time that the FBI opened its investigation, the U.S. Attorney's Office began a grand jury investigation. Your Affiant is one of the agents on the Federal Rule of -4- EFTA00225141