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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
Pages 201–220 / 453
Page 201 / 453
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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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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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 
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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
Page 205 / 453
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
Page 206 / 453
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
Page 207 / 453
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
Page 208 / 453
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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
Page 209 / 453
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 
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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 
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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 
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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? 
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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 
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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 
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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 
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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 
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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. 
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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 
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