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
EFTA00226396
453 pages
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Page 4 A Additional subpoenas that have been issued 2 include OLY-28 to Colonial Bank, along with OLY-29, which 3 was issued to Palm Beach National Bank & Trust Company. 4 That was served on March 5, 2007. It should be known that 5 Palm Beach National Bank & Trust Company is now operated 6 by Colonial Bank, which we learned in the issuance 7 process. We did receive documents back from Colonial 8 Bank, which covered both subpoenas, on April 25, 2007. 9 Q And those sought information relating to bank 10 accounts belonging to Mr. Epstein? 11 A That is correct. 12 Q What else? 13 A Also served OLY-30 to Western Union Financial 14 Services seeking documents and records related to Jeffrey 15 Epstein. It was served on February 26, 2007, and we 16 received items back from Western Union on two separate 17 dates, and two packages, the first on April 9, 2007, and 18 the second on April 11, 2007. 19 Q And those sought records of wire transfers from 20 Mr. Epstein to girls whom have been identified for this 21 investigation? 22 A Yes. 23 Q What else? 24 A We also served OLY-31 to Western Union Financial 25 Services. It was served on February 26, 2007, and they EFTA00226596
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page returned information which we received on May 3, 2007. Q The same type of information? A Yes, the same type of information, seeking wire transfer information from Jeffrey Epstein to victims. We also served OLY-32 to J.P. Morgan Chase Bank. After serving that one on February 26, 2007, they informed us by letter that they are known as Chase, not J.P. Morgan Chase. So we had to reissue another subpoena, which was taken care of on March 22, '07. We also issued OLY-40 on Chase Bank as well on April 4, 2007. We received records on April 13, 2007 and April 19, 2007 to cover all three subpoenas that were served. Q And those sought information related to bank accounts and credit cards related to the defendants? A Yes. Additionally, we served OLY-33 on Dr. Thomas Rofranno (phonetic), who's a chiropractic doctor. We were seeking records related to Jeffrey Epstein as a patient. The subpoena was served on March 6, 2007, and Thomas Rofranno provided materials on March 16, 2007. Also we have OLY-36, which was served on the Palm Beach County Health Department. It was served on March 5, 2007, seeking birth certificates of our victims that we were researching. We received the records from the Palm Beach County Health Department on April 16, 2007. EFTA00226597
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 We also served two subpoenas on the Adult video Warehouse. The first one was OLY-41, which was served -- both of these were served on April 24, 2007, and they were seeking any transactions that had occurred on behalf of Mr. Epstein or those individuals that were working for him or with him. We received items back on the OLY-41 subpoena on April 30, 2007. The second subpoena served on Adult Video Warehouse was OLY-34. Again, it was served on April 24, 2007, and the Adult Video Warehouse complied and provided us materials on April 30, 2007. That concludes all of the items that we have received to date for the outstanding subpoenas that were issued. Q Are the documents that you refer to in that box that's on the desk? A Yes, they are. MS. VILLAFANA: Does anyone want to review those documents? At this time, no one is requesting that they want to review the documents today. Would you please swear in the witness to maintain those documents. (Witness sworn in as custodian of the records.) (Witness excused.) EFTA00226598
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Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF REPORTER I CERTIFY pages 1 to 6 is a true transcript of my shorthand notes of the testimony of JASON RICHARDS, before the Federal Grand Jury, West Palm Beach, Florida, on the 8th day of May, 2007. Dated at West Palm Beach, Florida this 28th day of May, 2007. 4. M. Philip W. May, Court Reporter EFTA00226599
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From: AFLS) Sent: To: USAFLS) Subject: e:Operation Leap Year You will not ha proval to go forward tomorrow with an indictment or to poceed by complaint. has your memo and lefcourt's letter but he is out of the district at the U Attorney's conference for the next several days. I'm having trouble understanding - given how long this case has b ending - what the rush is. This is obviously a very significant case and wants to take his time making sure he is comfortable before proceeding. Sent from my BlackBerry Wireless Handheld Original Message Sent: Mon May 14 10:38:15 2007 Subject: Operation Leap Year Good morning: I just received a call that Epstein's plane is flying from the Virgin Islands to Newark now, so it looks like Epstein is going to show up for his court appearance tomorrow. Can you let me know if the indictment is going tomorrow or, if not whether we are authorized to proceed by Complaint? Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 179 Exhibit 26 EFTA00226600
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IlliM :tneSe • To: Cc: Subject: Op. Leap Year GJ Subpoena Hi F hought I should run this by you. As I mentioned in the pros memo, when the Palm Beach PD searched Epstein's home, they found computer monitors and equipment, but no CPUs. From the continued investi ,ation we know that the computers were removed by Paul Lavery, a private investigator, with the help of one of our targets. Now that we know that Lavery removed the computers, I would like to subpoena the computers to the grand jury. Lavery is a private investigator and is believed to have been working for Roy Black at the time. Today I spoke with a CCIPS duty attorney who told me that grand jury subpoenas can be used to obtain computer equipment. I also spoke with the duty attorney in the Witness Immunity Section and explained the situation. She said that we do not need Justice approval to subpoena the private investigator, so long as his office is not located within the lawyer's ofl'•ice (it is not—Lavery is in Hialeah and Roy Black is downtown). I was intending to ask the grand jury if they will authorize a forthwith subpoena, or I may just give a short lead time. I also intend to include a cover letter explaining that if Lavery turns over the equipment, he does not need to appear before the grand jury. If he no longer has the equipment, he can either tell the agents where the equipment currently is or he can appear before the grand jury to tell them. So, I am not looking for anything that could be considered "privileged information," (such as who told him to remove the equipment, what were the exact orders, etc.) just the location of physical evidence belonging to the target. Any concerns/comments? Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209- I 047 Fax 561 820-8777 Tracking: 150 EFTA00226601
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Sent: • To: Subject: Hi all - I know 'list got back, so I don't expect a signed indictment. I have time set aside with the grand jury tomorrow, am wondering if you have a sense of the direction where we are headed — i.c., approval of an indictment something like the current draft, a complaint to allow for pre-indictment negotiations, an indictment drastically different from the current draft? I am concerned about confusing the grand jury, which is never a good thing. Any guidance? Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 155 EFTA00226602
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1 1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH 3 4 5 6 7 8 IN RE: OPERATION LEAP YEAR 9 10 11 12 / Grand Jury #07-103 (TUES-WPB) west Palm Beach, Florida Tuesday, may 15, 2007 13 14 15 TESTIMONY 16 OF 17 18 19 20 21 APPEARANCE: 22 23 NANCY SIEGEL, COURT REPORTER 24 25 OFFICIAL REPORTING SERVICE (954) 467-8204 Exhibit 27 EFTA00226603
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2 1 PROCEEDINGS 2 3 The sworn testimony of was taken 4 before the Federal Grand Jury, west Palm Beach Division, 5 701 Clematis Street, west Palm Beach, Palm Beach County, 6 State of Florida, on the 15th day of May, 2007. 7 NANCY SIEGEL, Registered Merit Reporter and Notary 8 Public was authorized to and did report the sworn 9 testimony. 10 Thereupon, 11 12 a witness of lawful age, having been first duly sworn by 13 the foreperson, testified on her oath as follows: 14 BY MS. 15 Q Good morning, Special Agent. Could you state 16 and spell your name for the record. 17 A Special Agent 18 19 Q And with whom do you work? 20 A The FBI here in west Palm Beach. 21 Q And are you here today on the continuing 22 investigation known as Operation Leap Year? 23 A Yes, I am. 24 Q And you are one of the case agents on this 25 investigation, correct? OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226604
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3 1 A Yes, I am. 2 Q The last time you were here we were discussing 3 the evidence supporting various overt acts and charges 4 related to Jane Does number 1 and 2? S A Yes. 6 Q Today we are going to start with Jane Doe 7 number 3. Can you tell the Grand Jury who that is and 8 summarize briefly your previous testimony about her. 9 A Jane Doe number 3 is z and she first 10 started, we have first phone contact with Kellen 11 starting in December of 2004, would have been 16 12 or 17 at that time, let me do the math real quick, she 13 would have been 16 sorry, I am sorry, she would have 14 been at that time 17, let's get it right, so she started IIIIIIIIIIIII 15 phone contact, started calling her in 16 September of 2004. 17 From testimony we know that went there 18 earlier, much earlier. P, which was Jane Doe 19 number 4 you will hear about next, they were good 20 friends and they both went in the spring of '04, prior 21 to 17th birthday, so did start giving 22 Mr. Epstein massages when she was 16, she performed a 23 I ew massages for Mr. Epstein and then took kind of a 24 little bit of a break. 25 The sexual activity that occurred with OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226605
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4 1 Mr. Epstein when was under the age of 18 2 included digital penetration, the use of a vibrator on 3 grabbing and fondling of her breasts and her 4 buttock, she was given gifts by Mr. Epstein, she was 5 given a vibrator, she was given secret 6 7 8 9 10 11 12 13 14 15 and that you were able to calculate? 16 A Kellen called her, I guess calls between 17 the two of them ranged around 125 phone calls from 18 December 6th, 2004 until October, 2005. 19 Q And just briefly can you remind the Grand Jury 20 did ever tell Mr. Epstein her age? 21 A No, they did not ever discuss, she did not 22 tell him how old she was, but she did tell him where she 23 planned on going to school and that she was in soccer. 24 she stated that when it came to her age that 25 Mr. Epstein didn't care. As I mentioned earlier, underwear, she was also given a car that Mr. Epstein rented for her for a number of months, she was paid $200 by Mr. Epstein and was the one that primarily called to set up appointments and as you can see that began in December of '04. was also one of Mr. Epstein's favorites, according to several of the other girls. Q Just so the Grand Jury has an idea, how does that translate into the number of phone calls between OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226606
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5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and were very good friends and S would talk about and Mr. Epstein would ask questions about when was providing massages and as we will talk about when we talk about Jane Doe number 4, which is she told Mr. Epstein that she was a junior in high school and that and her were in the same classes together and that they were very good friends and told us that at one point Fayth had come to her because she had slipped about prom and she was worried because Epstein was supposed to think she was 18 and she had talked about the prom and said she never heard anything else about it and they never brought it up. Q Because, according to Mr. Epstein didn't care really how old the girls were? A Exactly. Q And she never mentioned he asked her for her age or asked for any form of identification to show whether she was or was not over 18? A Q Now, if you could turn to the proposed indictment and if i could ask you to look at overt act number 59. A we had a little knock at the door. Do you want me to get it? OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226607
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6 1 Q Yes. 2 (Thereupon, there was a brief pause.) 3 A I will let you see a picture of Jane Doe 4 number 4, who we were talking about earlier, and 5 this is Is there anyplace you want to put it 6 right down here in front? 7 Q And just so the record is clear, those are the 8 photographs that we showed to the Grand Jury last week? 9 A Yes, it is. 10 Q so if you could turn to overt act number 59 11 which appears on page 12, and if you could explain to 12 the Grand Jury the evidence we have related to that 13 phone call or phone calls on December 6th, 2004. 14 A On December 6th, 2004 a review of the phone 15 records indicate that there was telephonic phone contact 16 between the numbers belonging to and 17 , as well as we have evidence with 18 statements of the phone calls being made to 19 her by Kellen. 20 Q And overt act number 60? 21 A A review of the phone records indicate 22 telephonic contact between the numbers belonging to 23 Kellen and on December 12, 2004. 24 Q And overt act number 64? 25 A A review of the phone records indicate OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226608
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7 1 telephonic contact between numbers belonging to 2 Kellen and on December 14th, 2004. 3 4 Jury, when the overt acts says that defendant Kellen 5 made one or more telephone calls, that means that the 6 call is originating from phone, is that 7 correct? 8 A Yes, it does. 9 Q And if you could turn to overt act number 71. 10 A on December 20th a review of the phone records 11 indicate that there was telephonic contact between ■ 12 Kellen and 13 Q And overt act number 79? 14 A on January 6th, 2005 a review of phone records 15 indicate there was telephone contact between numbers 16 belonging to 17 Q And number 83? 18 A On January 14th, 2005 a review of the phone 19 records indicate telephonic contact between numbers 20 belonging to 21 Q And with respect to the other overt acts 22 related to the phone calls which would be 94, 100, 102, 23 104, 112, 118, 125, 129 and 132 is the evidence the 24 same? 25 A Yes, on or about each of those dates a review And just so that it is clear to the Grand OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226609
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8 1 2 between the numbers belonging to M and 3 illillas well as statements. 4 Q Now, if I could direct your attention to count 5 number 7 which appears on page 26 of the draft 6 indictment, that is a charge of indictment of a minor 7 during the period of December 6th, 2004 through June 2nd 8 of 2005, could you summarize for the Grand Jury the 9 evidence related to that count. 10 A on or about these dates the facility of 11 interstate commerce, the telephone, specifically ■ 12 a , were utilized to set up 13 appointments, massage appointments for Epstein. 14 During the massages and on more than one 15 occasion Epstein digitally penetrated Zylus, he 16 used a massager directly on her vagina and Epstein 17 directed to straddle him while he masturbated 18 and rubbed his penis between her legs, he would 19 masturbate, he would reach through her legs as she was 20 straddling him, there was no penetration of his penis in 21 her vagina, though. 22 He touched breasts, he would 23 masturbate. He paid on multiple occasions $200. 24 25 of the phone records indicated telephonic contact BOth and Jeffrey Epstein have escorted upstairs for these massages and Mr. Epstein gave OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226610
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9 1 a vibrator, secret bra and panty sets 2 and he also rented her a car for several months. 3 Q And just so that it is clear, you mentioned he 4 paid her on several occasions, he paid her every time 5 she performed these lewd acts, correct? 6 A Yes, 8200. 7 Q And is listed as a defendant with 8 respect to Jane Doe number 3 as well, and can you 9 explain to the Grand Jury a little bit more about who 10 is and why she is charged in this count? 11 A Adriana Ross is one of Mr. Epstein's personal 12 assistants as well and she made appointments for him for 13 these massages. 14 We have contact between phone 15 and phone, she contacted approximately 16 25 times. 17 Q And that's why she is also charged with 18 someone who is either an aider or abetter or a 19 coconspirator with respect to this? 20 A Yes. 21 Q Okay. If I could direct your attention to 22 Count number 32 which appears on page 30, Count number 23 32. 24 A I got 32. 25 Q what is the evidence related to? OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226611
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10 1 A I am sorry, I didn't hear you ask me the 2 question, I thought you said refer to it. 3 The evidence is we have flight records that 4 indicate on December 13th, 2004 Epstein traveled to Palm S Beach County on the Gulfstream, there was telephonic 6 contact between Kellen and the day 7 before or the day of travel , we also have the sexual 8 conduct between Jeffrey Epstein and as we 9 described earlier in Count 7. 10 Q And just to refresh the recollection of the 11 Grand Jury, the Gulfstream aircraft is the one owned by 12 Hyperion? 13 A Air, Inc. 14 Q And when you said that there was telephone 15 contact, you recall that in overt act number 60 that we 16 discussed phone calls on December 12th, correct? 17 A we did. 18 Q okay. If I could direct you to Count number 19 35 and if you could tell the Grand Jury about the 20 evidence according to that count. 21 A Again, we have flight records that indicate 22 that on January 6th, 2005 Ipstein traveled to Palm Beach 23 County on the Gulfstream again, there was telephonic 24 contact between Kellen and Vanessa the day before, 25 the day of that travel , we also talked about the sexual OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226612
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11 1 conduct between Jeffrey and between Epstein and 2 3 Q And can you tell us again what aircraft they 4 Ilew on on January 6th? 5 A That was the Gulfstream which was owned by 6 Hyperion Air, Inc. 7 Q okay. If I could direct you to Count 36 and 8 again if you could summarize that evidence. 9 A we have flight records that indicate that on 10 January 14th, 2005 Epstein, and Ross traveled to 11 Palm Beach County on the Boeing 727 that Mr. Epstein 12 owns, there was telephonic contact between 13 and the day before, the day of that 14 travel, as well as we have the sexual conduct between 15 Jeffrey Epstein and zylus as we described 16 earlier, and I will tell you that 17 Kellen, Mr. Epstein's personal assistant, and Ross is 18 we talked about just a few minutes ago, 19 Mr. Epstein, another of Mr. Epstein's personal 20 assistants. 21 Q And if I could direct your attention to Count 22 37 and ask you to summarize the evidence related to that 23 count. 24 A le have flight records that indicate that on 25 February 3rd, 2005 Mr. Epstein and traveled OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226613
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12 1 to Palm Beach County on the Boeing 727, there was 2 tele honic contact between and 3 the day before or the day of travel and we have 4 the sexual conduct between Epstein and 5 Q And if i could direct your attention to Count 6 number 38. 7 A In Count number 38 we have flight records that 8 indicate on February 10th, 2005 Mr. Epstein, 9 =MEM traveled to 10 11 12 Palm Beach County on the Gulfstream, there was telephone contact between Kellen and zylus the day before or the day of travel, we also have the sexual 13 conduct between Mr. Epstein and . 14 15 Q Now, I am sorry, on Count number 38, which airline were they on? 16 A They were on the Gulfstream. 17 Q Can I ask you to double-check that? There is 18 an inconsistency between the chart and the indictment or 19 we can save that for a later date. 20 A It is right here. 21 22 Q I will mark that we need to check on Count number 38. 23 A I have the flight manifest with me i you want 24 me to check, I don't know i you want me to do that now. 25 Q Yes, il you don't mind. OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226614
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13 1 (Thereupon, there was a brief pause.) 2 A In Count 38, plight records indicate on 3 February 10th, 2005 that Mr. Epstein, Kellen, 4 and marcinkova were in fact on the 5 Boeing 727. 6 Q So the draft indictment contains the correct 7 information? 8 A Yes, it does. 9 Q what company owns the Boeing 727? 10 A JEGE, Inc., incorporated. 11 Q And if I could take you to count number 39. 12 A Evidence shows through flight records that on 13 February 21st, 2005 Epstein, 14 and traveled to Palm Beach County on 15 the Boeing 727, there was telephonic contact between 16 Kellen and 17 of travel, there was also the sexual conduct between 18 Epstein and 19 Q And if I could take you to count number 40, 20 please. 21 A we have flight records that indicate on 22 February 24th, 2005 Epstein, Nadia 23 Marcinkova traveled to Palm Beach County on the Boeing 24 727, there was telephonic contact between Kellen 25 and the day before, the day of travel, and the day before or the day OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226615