EFTA00234517

Trafficking and Violence Protection Act of 2000... The amendment proposes 
three substantive changes to § 2G1.1. First, this amendment broadens the 
conduct covered by the guideline beyond prostitution to encompass all 
commercial sex acts, consistent with the scope of the Act. . . . 
U.S.S.G. App. C, Vol II, Amendment 641 (emphasis added). 
The reference to child pornography is especially helpful to us, because the child 
pornography statutes use the term "sexually explicit conduct," which is extremely broad, and 
includes masturbation and the "lascivious exhibition of the genitals or pubic area of any 
person." 18 U.S.C. § 2256(2)(A). One can certainly argue that a commercial sex act 
included receiving payment in exchange for engaging in "sexually explicit conduct." 
c. 
Charging Decisions 
Charging decisions, I have charged traveling to engage in "illicit sexual conduct." I 
have elected to treat all of these sexual massages as "commercial sex acts" regardless of 
whether there was any penetration. Epstein exchanged money for the opportunity to view 
underage girls in various states of undress and to masturbate in front of them. As described 
by the girls, Epstein received sexual gratification from the experience and he constantly tried 
to "push the envelope" to convince the girls to become more and more sexual. As
described, when a girl refused to let Epstein touch her, Epstein "down-promoted her" to 
become a recruiter. 
Conspiracy (Count 2i 
Section 2423(e) creates a separate offense for conspiring to violate Section 2423(b), 
so the indictment contains a single conspiracy count, without the allegation of overt acts, for 
the entire period of the conspiracy. 
e. 
Additional Ancillary Offense (Count 3J 
The statute contains an additional ancillary offense making it illegal, for the purpose 
of commercial advantage or private financial gain, to arrange, induce, procure, or facilitate 
the travel of a person knowing that such person is traveling in interstate commerce for the 
purpose of engaging in illicit sexual conduct. 18 U.S.C. § 2423(c). One of 
job 
responsibilities, for which she was paid handsomely, was to arrange both the appointments 
with the underage girls and also to arrange Epstein's travel. Epstein's pilots testified that 
21 
EFTA00234537

was the person who would call them to have them at the airport at a given time and 
who would tell them where they would be traveling to. Accordingly, I have charged 
alone with a single count of violating § 2423(c). 
f. 
The Affirmative Defense Regarding Knowledge of Age 
Section 2423(g) provides that in "a prosecution under this section based on illicit 
sexual conduct as defined in subsection (0(2), it is a defense, which the defendant must 
establish by a preponderance of the evidence, that the defendant reasonably believed that the 
person with whom the defendant engaged in the commercial sex act had attained the age of 
18 years." So, for those allegations involving commercial sex acts with 16- and 17-year-old 
girls, the defendant can come forward and present affirmative evidence that he reasonably 
believed that the girls were 18 or older. The defense cannot be asserted for the sex acts with 
girls under the age of 16. 
Congress's decision to include an affirmative defense to part of the statute shows that 
it has considered the issue and determined that the Government does not have to prove that 
the defendant knew the victims were underage for the other portions of the statute. This is 
consistent with the cases interpreting various sections of the Mann Act. 
Thus, for that instance where we know that a 17-year-old girl affirmatively told 
Epstein that she was 18 — and it would have been reasonable for Epstein to believe that 
statement — I have not charged Epstein with violating 2423(b). Jane Doe #5 was 17 when 
she met Epstein and told him that she was 18. She says that she believes that Epstein "knew 
better," but Epstein can probably raise the affirmative defense as to her. 
Ur 
also told Epstein that she was 18. She was only 14 at the time and one girl 
described her as by ft tkuoungest-looking girl whom Jane Doe #1 recruited. As with all 
the girls, Esptein and l= 
never asked anyone to present identification or did anything to 
try to confirm that they were over 18. For all of the other girls, they either told Epstein their 
ages or didn't say anything and he never asked. For a number of girls, Epstein provided 
taxicabs or Town Cars because the girls could not drive. Epstein talked about high school 
events (like prom and soccer practice) with the girls; he sent roses t
 High 
School to Jane Doe #8 when she was performing in a play. Jane Doe #8 also gave Epstein 
a copy of her transcript on three separate occasions. He told Jane Doe #5, "the younger the 
better." The evidence certainly is enough to give rise to a deliberate ignorance instruction 
and it also defeats the affirmative defense, if raised. 
22 
EFTA00234538

g. 
Penalties and forfeiture 
A violation of section 2423, including the conspiracy provision of 2423(e), has no 
mandatory minimum sentence, and the maximum sentence is 30 years in prison, lifetime 
supervised release, and a $250,000 fine. As explained above, for the relevant time period 
(2004 to late 2005), criminal forfeiture was governed by 18 U.S.C. § 2253(a), which also 
applies to violations of section 2423. 
4. 
Transportation of an Individual to Engage in Sexual Activity: 18 
U.S.C. § 2421 'Count 591 
Whoever knowingly transports any individual in interstate or foreign 
commerce ... with intent that such individual engage in prostitution, or in any 
sexual activity for which any person can be charged with a criminal offense,' 
or attempts to do so, shall be fined under this title or imprisoned not more than 
10 years, or both. 
18 U.S.C. § 2421. This traditional "Mann Act" section can be used to charge Epstein alone 
with transporting his girlfriend, 
, from New York to Florida to engage in 
sexual activity with one of the girls. As will be explained below, one of the victims, Jane 
Doe #8, estimates that she engaged in sexual activity with Epstein "hundreds of times." Jane 
Doe #8 reports that, at some point, Epstein a eed to pay Jane Doe #8 more money if she 
would engage in sexual activity with 
while Epstein watched. Some of this 
activity occurred before Jane Doe #8 turned 18 and some occurred afterwards. Jane Doe #9 
and Jane Doe #17 also report getting paid to engage in sexual activity with • 
but 
etermine their ages at the time. Regardless of the Florida girl's age at the time, 
"could have been charged with" the following criminal offenses: 
• 
offering to commit or committing prostitution or lewdness, Fl. Stat. § 
796.07(2Xe) (2004); 
• 
soliciting, inducing, or enticing another to commit prostitution or lewdness, Fl. 
Stat. § 796.07(2)0) (2004); 
• 
aiding, abetting, or participating in either of the above-listed offenses, Fl. Stat. 
§ 796.07(2)(h) (2004); or 
'This could be a state or a federal offense. 
23 
EFTA00234539

• 
purchasing the services of any person engaged in prostitution, Fl. Stat. § 
796.07(2)(I) (2004). 
Since the transported individual is considered a "victim" under this statute, 
cannot be charged, so Epstein is named alone. See, e.g., United States'. Love, 592 F.2d 
1022, 1025 (8th Cir. 1979) (citing Gebardi I. United States, 287 U.S. 112, 118-19 (1932)). 
Just as with Section 2423(b), the Government must prove that the defendant had the requisite 
intent prior to the travel, but the Government does not have to prove that the defendant's sole 
purpose for traveling and transporting the individual was to have the individual engage in 
illegal sexual activity. Mortensen. United States, 322 U.S. 369, 374 (1944); Crespo I. 
United States, 151 F.2d 44, 46 (1st Cir. 1945). 
This offense carries a statutory maximum of ten years in prison. During the relevant 
time period, the forfeiture provision of 18 U.S.C. § 2253(a)(3) applied, which mandates the 
forfeiture of assets used in the commission of the violation of Section 2421. 
B. 
Sex Trafficking of Children: 18 U.S.C. § 1591(a) 
For those cases where there is evidence that the defendants either knew or, but for 
their willful blindness, would have known that the victim was under 18, the defendants can 
be charged with violating two subsections of the child sex trafficking statute. Section 
1591(aX1) prohibits recruiting or obtaining children to engage in a commercial sex act. 
Section 1591(a)(2) punishes those who benefit financially from child sex trafficking. 
1. 
Obtaining Children to Engage in Commercial Sex Acts: 18 U.S.C. 
§ 1591(a)(1) [Counts 51 to 58J 
Section 1591(a)(1) makes it illegal for any person to knowingly, in or affecting 
interstate or foreign commerce, recruit, entice, transport, provide, or obtain by any means a 
person knowing that the person has not attained the age of 18 years and will be caused to 
engage in a commercial sex act. The term "commercial sex act" has the same meaning as 
discussed above ("any sex act, on account of which anything of value is given to or received 
by any person"). 
This charge has frequently been used in connection with "sex tourism" cases 
prosecuted by the Office, where the defendant arranged through an undercover "travel 
agency" to travel overseas to have sex with underage prostitutes. This case is analogous with 
24 
EFTA00234540

M
and 
serving as Esptein's "travel agency" for his interstate 
travel to Florida to engage in prostitution with young girls. 
In United States'. Roberts, 174 Fed. App. 475 (11th Cir. 2006), Roberts challenged 
his conviction for attempting to engage a minor in commercial sex acts in violation of 
Section 1591(aX1), all in violation of Section 1594(a).23 Roberts contacted an undercover 
website promising travel to Costa Rica to meet underage prostitutes. Roberts arranged a trip 
with the undercover website, but then changed his mind because he did not want to travel 
internationally. Roberts and the undercover agent then arranged for the [non-existent] 
prostitutes to travel to Florida to meet Roberts at a hotel there. Roberts challenged the proof 
of the jurisdictional element of the offense. The Eleventh Circuit found sufficient evidence 
that Roberts' activities were "in or affecting interstate commerce" based upon Roberts' use 
of a credit card to pay for his trip with the travel agency, his decision to meet the prostitutes 
at a hotel that served interstate travelers, and the fact that the prostitutes were supposed to 
move in international commerce. Id. at 478-79. 
The case of United States'. Strevell, 185 Fed. Appx. 841 (11th Cir. 2006), involved 
one of the people who actually tried to travel to Costa Rica using the undercover website. 
Strevell also challenged his conviction, claiming that the United States did not have 
jurisdiction over activity that was to take place overseas. The Eleventh Circuit rejected the 
argument, stating that Section 1591(a)(1): 
criminalize[s] the use of interstate commerce in an attempt to obtain and entice 
a minor for prostitution. Although all of Strevell's actions occurred in the 
United States, it is clear that he used means of interstate commerce in 
attempting to obtain and entice a minor for sex. He made numerous phone 
calls from Philadelphia to Miami to order to arrange his sexual encounter in 
Costa Rica. . . . he attempted to board a plane from Miami to Costa Rica in 
order to meet one, if not two, 14-year-old prostitutes. 
Id. at 845. 
Thus, the evidence of Epstein's violation of this statute includes his travel in interstate 
commerce to commit the offense; directing his assistants to make interstate telephone calls 
to set up the appointments; and wiring money interstate to some of the girls as "bonuses." 
"Section I594(a) makes it a crime for any person to attempt to violate Section 1591. 
25 
EFTA00234541

In United States' Evans, 476 F.3d 1176 (11th Cir. 2007), and United States. Sims, 
161 Fed. Appx. 849 (11th Cir. 2006), the Eleventh Circuit affirmed Section 1591(a)(1) 
convictions for "pimps" who obtained underage girls and forced the girls to engage in 
prostitution. In Evans, the defendant argued that his purely intrastate activity was not "in or 
affecting interstate commerce." The Eleventh Circuit found that Evans' "conduct 
substantially affected interstate commerce" based on his "use of hotels that served interstate 
travelers and distribution of condoms that traveled in interstate commerce." Evans, 476 F.3d 
at 1179. 
Evans shows that =, 
and 
are equally liable for violating 
Section 1591(a)(1), since their actions were in and affecting interstate commerce (using the 
telephone and traveling with Epstein), and they recruited, enticed, provided, and obtained 
underage girls to work as prostitutes for Epstein. 
I have charged counts relating to Jane Does 3 through 8, 12, and 13. With all of those 
girls, there is affirmative evidence of some knowledge of age when the appointments were 
made. 
2. 
Benefitting Financially from Participating in a Venture Engaged in 
Sex Trafficking: 18 U.S.C. § 1591(a)(2) 'Count 4] 
Section 1591(aX2) makes it illegal for a person to knowingly benefit "financially or 
by receiving anything of value, from participation in a venture which has engaged in an act 
described in violation of paragraph (1), knowing that ... the person has not attained the age 
of 18 years and will be caused to engage in a commercial sex act." 
The term "commercial sex act" has the same meaning as discussed above. The statute 
defines "venture" as "any group of two or more individuals associated in fact, whether or not 
a legal entity." 18 U.S.C. § 1591(b)(3) (emphasis added). 
With respect to 1591(aX2), the Tenth Circuit has stated the elements as: 
1. 
the defendant knowingly benefitted financially from participating in a venture; 
2. 
the acts engaged in by the venture were in or affecting interstate commerce; 
3. 
the venture recruited, enticed, harbored, transported, provided, or obtained by 
any means a person; 
26 
EFTA00234542

4. 
the defendant knew that the person was under the age of eighteen; 
5. 
the defendant knew the minor would be caused to engage in a commercial sex 
act. 
United States I. Wild, 143 Fed. Appx. 938, 942 (10th Cir. 2005). 
Epstein's assistants, 
and 
are 
people who benefitted financially from their participation in the venture based upon the 
salaries that they received from Epstein. They will, no doubt, argue that the salaries that they 
received were unrelated to the work of setting appointments for Epstein to meet with 
prostitutes. The eviden 
w 
veals the importance of this part of their jobs. For 
example, in reviewing 
telephone records, during periods that they were 
traveling to Florida, a large number of the calls that she made — on a cellular telephone paid 
for by Epstein — were to girls whom we have identified. There are, no doubt, girls whom we 
have not identified. Setting up the appointments and travel arrangements, purchasing 
gifts for the girls, and wiring funds to them all add up to a significantportion of 
duties and, therefore, a significant part of her pay. With respect to 
she 
' • 
in vile 
sexual performances. During the relevant period, 
and 
all received a salary and free housing in Manhattan, as well as 
the ability to travel with Epstein on his private plane, staying in his home, and being fed by 
his private chef. All of these amount to "something of value" and the relationship of the 
three assistants as co-employees amounts to a "group of two or more individuals associated 
in fact, whether or not a legal entity," that is, a "venture" as defined in Section 1591(b)(3). 
3. 
Conspiracy 
The Child Sex Trafficking statutes do not include a separate conspiracy charge, so, 
if charged, it would have to be an object of a Section 371 conspiracy. In light of Section 
1591(a)(2), which is directed to "ventures," a separate conspiracy charge might be subjected 
to a multiplicity challenge. That challenge would probably be fruitless, as evidenced by the 
fact that Epstein cannot be charged in the Section 1591(aX2) count but certainly could be 
charged in a conspiracy to violation Section 1591(a)(1), but I have erred on the side of 
caution and have not included violating Section 1591(a)(1) as a second object of the Section 
371 conspiracy. 
27 
EFTA00234543

4. 
Penalties and Forfeiture 
These violations of Section 1591(a) carry a statutory maximum of 40 years' 
imprisonment, supervised release of up to life, and a $250,000 fine. 18 U.S.C. § 1591(b)(2). 
As discussed further below, one of the girls was told that she would only have to "model 
lingerie." A violation of Section 1591(a) carries a harsher penalty if the offense was 
"effected by fraud." There still is no mandatory minimum, but the maximum term of 
imprisonment is life. 18 U.S.C. § 1591(b)(2). 
As part of the sex trafficking legislation, Congress included a separate forfeiture 
provision, which states: 
The court, in imposing sentence on any person convicted of a violation of this 
chapter, shall order, in addition to any other sentence imposed and irrespective 
of any provision of State law, that such person shall forfeit to the United 
States—(1) such person's interest in any property, real or personal, that was 
used or intended to be used to commit or to facilitate the commission of such 
violation ... 
18 U.S.C. § 1594(b). Section 1594 also makes contraband any property used or intended to 
be used to commit or to facilitate the commission of slavery violations. See 18 U.S.C. § 
1594(c)(1)(A). Thus, these violations are another basis for forfeiting the Palm Beach home 
and the two airplanes. 
D. 
Charges that Were Considered and Rejected 
1. 
Promotion Money Laundering: 18 U.S.C. § 1956(a)(3)(A) 
Section 1956(a)(3)(A) states: 
Whoever, with the intent - (A) to promote the carrying on of specified 
unlawful activity; ... conducts or attempts to conduct a fmancial transaction 
involving ... property used to conduct or facilitate specified unlawful activity, 
shall be fined under this title or imprisoned for not more than 20 years, or both. 
"'Conducts' includes initiating, concluding, or participating in initiating, or concluding a 
transaction." 18 U.S.C. § 1956(c)(2). The "term 'transaction' includes a purchase, sale, 
28 
EFTA00234544

loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial 
institution includes a deposit, withdrawal, transfer between accounts, . . . or any other 
payment, transfer, or delivery by, through, or to a financial institution, by whatever means 
effected." 18 U.S.C. § 1956(cX3). A "financial transaction" is: 
(A) a transaction which in any way or degree affects interstate or foreign 
commerce (I) involving the movement of funds by wire or other means or (ii) 
involving one or more monetary instruments, . . . or 
(B) a transaction involving the use of a financial institution which is engaged 
in, or the activities of which affect, interstate or foreign commerce in any way 
or degree. 
18 U.S.C. § 1956(c)(4). 
The "specified unlawful activity" is one of the offenses listed in 18 U.S.C. § 1961(1), 
namely "any act which is indictable" under Section 1591(a) (sex trafficking) and Sections 
2421 through 2423 (relating to white slave traffic). See 18 U.S.C. § 1961(1XB). 
Epstein's Palm Beach property manager, Janusz Banasiak, was interviewed and served 
with a subpoena for records relating to his employment. Banasiak resides in the "guest 
house" on Epstein's property, and has access to a "Jeffrey Epstein Household Account." 
Banasiak uses that account to pay for various household expenses. Banasiak's practice was 
to withdraw $1500 at a time from the bank, and he then would keep a detailed accounting of 
how the money was spent and, when the $1500 was used up, he would send a copy of the 
accounting to Epstein's accountant and he maintained a copy for himself. A review of those 
records showed a number of entries that would simply have a girl's name24 and a round dollar 
amount — usually $200. Banasiak explained that on several occasions when Epstein was "in 
residence," Epstein or Kellen2s would ask Banasiak to pa one of the girls after a masse e 
was completed. On other occasions when Epstein and 
were not in Florida, 
'Some of the entries relate to girls we have identified; others do not. 
2sOn one occasion, Banasiak was directed to give money by Ghislaine Maxwell. Maxwell 
is the daughter of the late Robert Maxwell, a British newspaper tycoon. Maxwell is credited with 
bringing Epstein into high society, and it appears that at some time they were romantically involved. 
Maxwell also has been implicated in another act of molesting a young girl, which is discussed in the 
404(b) section below. 
29 
EFTA00234545

would call Banasiak to say that a girl was coming to the house and Banasiak should give the 
girl $200 in an envelope. Banasiak stated that he would follow these instructions and that 
he knew that the money was for "massages," but he insisted that he did not know that sexual 
activity was occurring. Why Epstein would pay "masseuses" when he was out of town has 
not been explained. 
Epstein also sent funds via Western Union as "bonuses" for some of the girls. These 
transactions could also be considered to "facilitate" the criminal activity by insuring the girls' 
loyalty and continued availability to Epstein for his sexual gratification. 
Epstein's behavior seems to fall squarely within the language of the statute as written, 
including the Eleventh Circuit's pattern jury instruction.26 In conducting research, however, 
all cases charged under this section involved undercover "sting" operations. I contacted the 
Department's Money Laundering Section and learned that subsection 1956(a)(3) was drafted 
specifically to apply to money laundering "sting" operations, and was not intended to reach 
the activity that Epstein was involved in. Accordingly, I chose the more conservative route 
and decided not to charge Epstein with this offense. 
2. 
Aiding and Abetting an Unlawful Money Transmitter: 18 U.S.C. § 
1960 
Section 1960(a) makes it a crime for someone to knowingly conduct or direct all or 
part of an "unlicensed money transmitting business." An "unlicensed money transmitting 
business" means "a money transmitting business which affects interstate or foreign 
commerce in any manner or degree and . . . (C) otherwise involves the transportation or 
transmission of funds that are . . . intended to be used to promote or support unlawful 
activity." 18 U.S.C. § 1960(b)(1). 
ThThe Jury Instruction requires proof of three elements: 
FEL 
that the Defendant knowingly conducted a financial transaction; 
Second: 
that the financial transaction involved property used to conduct or 
facilitate specified unlawful activity; and 
Third: 
that the Defendant engaged in the financial transaction with the intent 
to promote the carrying on of specified unlawful activity. 
Eleventh Cir. Pattern Jury Instr., Offense Instr. 70.4 (2003). 
30 
EFTA00234546

The term "unlawful activity" is not defined in Section 1960. Another one of the 
money laundering statutes, Section 1956 cross-references Section 1961(1) for the definition 
of "specified unlawful activity." Section 1961(1) defines "racketeering activity" to include 
"any act which is indictable under any of the following provisions of title 18, United States 
Code: . . . sections 1581-1591 (relating to peonage, slavery, and trafficking in persons), . . 
. [and] sections 2421-24 (relating to while slave traffic) . ." 
1. 
The Money Transmitting 
As I mentioned above, Epstein's property manager, Janusz Banasiak, would withdraw 
$1500 at a time for household expenses from Commerce Bank. The funds in that bank 
account were transferred from Epstein's main bank account in New York on an "as needed" 
basis. Banasiak documented how 
used the funds, including payments made to various 
girls at the request of Epstein or 
. Epstein also sent funds via Western Union as 
"bonuses" for some of the girls. These transactions could also be considered to "promote or 
support" the criminal activity by insuring the girls' loyalty and continued available to Epstein 
for his sexual gratification. 
2. 
How Epstein "directed" an unlicensed money transmitting 
business. 
As mentioned above, I originally considered charging Epstein with promotion money 
laundering, in violation of 18 U.S.C. § 1956(a)(3XA). After conferring with the Money 
Laundering Section at the Department of Justice, it was recommended that I forego the 
Section 1956 charge and, instead, charge Epstein with aiding and abetting the unlicensed 
money transmitting by causing his bank and Western Union unwittingly to transmit funds 
intended to be used to promote and support sex trafficking and white slave traffic. 
The Money Laundering Section referred me to the case of United States' Tobon-
Bulks, 706 F.2d 1092 (11th Cir. 1983), where a defendant was convicted of violating 18 
U.S.C. § 1001 by causing banks to fail to file Currency Transaction Reports ("CTRs") by 
structuring transactions.' Over a six-hour period, Tobon-Builes and an accomplice went to 
ten different banks in Northern Florida where they each purchased a $9,000 cashier's check 
with cash. Because each individual purchase was less than $10,000, thereby escaping the 
"Tobon-Bugles was decided prior to the enactment of 31 U.S.C. § 5324(a), which created a 
criminal offense for causing a domestic financial institution to fail to file a required report, such as 
a CTR. 
31 
EFTA00234547

banks' duty to file a CTR for each transaction. Tobon-Builes was arrested and admitted that 
he had won over $100,000 playing poker and was purchasing cashier's check in amounts less 
than $10,000 to avoid bank reporting requirements because he did not want to pay federal 
taxes on his winnings. Tobon-Builes argued that he could not be charged with concealment 
of material information in violation of 18 U.S.C. § 1001 because he did not have a duty to 
file a CTA — only the financial institution has that legal obligation. 
The Eleventh Circuit rejected the argument, stating that the government: 
charged and proved that Tobon willfully and knowingly caused fmancial 
institutions not to report currency transactions that they had a duty to report 
and would have reported if they had known about such transactions. Support 
for this holding is found in 18 U.S.C. § 2(b) which provides that one who 
"willfully causes an act to be done which if directly performed by him or 
another would be an offense against the United States, is punishable as a 
principal." 
Id. at 1099 (quoting 18 U.S.C. § 2(b)). Further, "it is well established that § 2(b) was 
designed to impose criminal liability on one who causes an intermediary to commit a criminal 
act, even though the intermediary who performed the act has no criminal intent and hence 
is innocent of the substantive crime charged, in this case concealment." Id. (citations 
omitted). The operation of Section 2(b) foreclosed Tobon-Builes' legal incapacity argument, 
and the Eleventh Circuit noted a series of cases where someone without a legal duty used an 
innocent agent to violate that agent's legal duty. In each of those cases, the defendant was 
convicted via operation of Section 2(b). See id. at 1100-01 (citations omitted). Since its 
issuance, Tobon-Builes has been cited in numerous cases for the proposition that a defendant 
can be convicted as a principal, even where he uses as innocent intermediary to commit the 
charged offense. 
In this case, Commerce Bank and Western Union were the innocent intermediaries 
who operated the money transmitting business. Nonetheless, Epstein's directions to pay the 
girls caused Western Union to transmit funds that were intended to be used to promote or 
support unlawful activity — the prostitution of minors. Epstein's directions to Banasiak 
caused Commerce Bank to transmit funds via its ATM to Banasiak, who withdrew those 
funds that Epstein intended to use or promote the same unlawful activity. Accordingly, one 
could charge Epstein alone with individual counts of violating Section 1960 for each Western 
Union transfer and for each ATM withdrawal that occurred immediately prior to one of 
Banasiak's documented payments to one of the girls. 
32 
EFTA00234548

I decided not to include these charges because I felt that the charge would confuse the 
jury or make them feel that the Government was overreaching, and the penalty for this 
activity is less than the penalties for the other charged offenses. 
2. 
The Travel Act: 18 U.S.C. § 1952 
Section 1952 bans the travel in interstate commerce in aid of racketeering. So, if a 
person travels in interstate commerce with the intent to promote an unlawful activity, which 
can include prostitution, and after this travel he performs an act to promote that unlawful 
activity, then he has violated the Travel Act. At first blush, this appears to apply, but the 
"unlawful activity" must be a "business enterprise involving" prostitution. If Epstein were 
a pimp who was soliciting girls for other men and 
was assisting him in that effort, the 
Travel Act would apply. However, since Epstein is using 
to solicit girls on Epstein's 
own behalf, I don't believe that Epstein's personal use of the prostitutes can be considered 
a business enterprise. 
III. 
VICTIMS 
A. 
Some time i
Som 
inearlv2004,theexactdatebeingunknown,Swa
proached by two 
individuals, 
and, 
while at a beac 
on Singer Island. IM was a classmate 
At 
a 
igh School. 
askedilliptif she wanted to make some 
money giving a massage to a wealthy man on Palm Beach Island. illatwas told that she 
would be paid $200, she would have to remove some of her clothing, and that there might 
be iiiifonciliii grapagreed to go to the house. Within a few da 
was called 
by 
and 
and all three drove to Epstein's home on Brillo Way in Pam Beach. 
The three were admitted through the gate and went to the "back entrance" of the 
house, entering through the kitchen. In the kitchen, 
vas met by 
and some other 
members of the household. 
pstairs to Epstein's dressing area28 where the 
massage table was already set up. 
then left the room and Epstein entered wearing a 
"From the descriptions provided by the girls and by the police officers who conducted the 
search of the home, attached to Epstein's master bedroom was a large room that contained a steam 
shower, dressing area, and closets. This space was adjacent to the regular master bathroom. Because 
some activity occurred in the bedroom itself, I will use the term "dressing area" to refer to the space 
where the sexual massages occurred. 
33 
EFTA00234549

towel. Epstein laid face down andlilliwas told to remove her clothes (she remained in her 
panties) 
then began to massage Epstein as he directed her. After massaging his back 
area for some time, Epstein turned over so that he was laying face up. Epstein began 
masturbating and died numerous times to touch 
grabbing her rear end and tying to 
touch other places in a sexual mannerlillipulled away several times, telling Epstein that 
she did not want him to touch her. Epstein continued to masturbate, and instructs 
to 
pinch his nipples, which she did. Epstein climaxed and the massage ended. Epstein s ood 
up and wiped himself off. Epstein went into the master bathroom while Haley got dressed. 
After both were dressed, Epstein paid 
$200 in cash (2 $100 bills). Becausellill 
would not let Epstein touch her, Epstein told a 
that she shouldn't give him any more 
massages, but she could bring girls to the house and she would get paid $200 for every girl 
that she brought.29
When 
ent downstairs, 
asked 
for her telephone number so that 
could conta 
directly. 
ave her telephone number to = 
and all 
futur
unications were directly with 
ays that she received the first call 
from 
soon after her first visit to Epstein's residence. Telephone records for 
telephone 
telephone were subpoenaed. The first telephone contact between 
sand 
was on March 12, 2004, and it continued through July 24, 2005. 
allOdescribed how 
would call to arrange appointments for Epstein. 
would call to ask ININtif anyone was available to "work." —says that some of these 
calls occurred prior to Epstein's travel to Florida others would occur when Epstein was 
already in town. During some of the telephone calls, 
would request a particular girl, 
other times she would just askallarto find a girl or girls to come over. 
stated that 
she someti 
ived multiple calls during one of Epstein's stays. On 
eceived 
a call from 
would call one or more girls to see if they were available and then 
would call 
back to confirm the date and time. This is consistent with the telephone 
records that were received. The
 records that were subpoenaed show ap 
70 telephone calls between 
and lit 
lasalso placed one call to 
telephone. 
allireceived $200 each time she brought a girl to Epstein's house, even if it was the 
second or third time she brought that girl. 
"More telephone calls occurred, but calls placed ti 
home telephone from 
Epstein's home telephone (or vice-versa) were not captured in the cellular phone records in our 
possession. The same is true for all of the victims. 
34 
EFTA00234550

brought seven girls to Epstein's home ranging from 14 to 17 years' old. Every 
time that she brought a girl 
was paid $200, always in cash, always in $100 bills, 
always by Epstein. Salso 
brought one 23-year-old woman to Epstein's home. Epstein 
"didn't care for her" and toldlikitsthat the woman was too old. Epstein told 
"the 
younger the better,s31 and toldSthat he didn't like to have problems with girls who 
didn't know what to expect, so she should always tell the girls in advance what would happen 
when they arrived. Illikreported that she always told the girls that they would have to get 
undressed and give a massage and that there might be some "fondling."..kreports that 
she told all of the girls that they could tell Epstein that the were uncomfortable with 
anything and he would stop. Haley stated that she had asked 
about a rumor that a girl 
who had intercourse with Epstein had been paid $1,000. 
said that she doubted that 
was true because Esptein "doesn't have sex with the girls, he just plays around with them." 
alinealso reports that 
had toldSto tell Epstein that she was 18 if he asked 
and that Haley told that to the girls whom she recruited. Slieksaid that she told Epstein that 
she was 1 
at "he knew better." a 
also said that she was never instructed by 
Mt 
Epstein or 
to make sure that the girls that she brought were over 18 and was never 
asked to provide identification/proof of her age for herself or for any of the girls whom she 
brought. One of IIIIIMII friends descri 
as "the youngest-looking girl" that a 
had brought to Epstein's house. Yet 
made another appointment fo 
to come to 
Epstein's house without either 
or Epstein asking about"... age. 
was 14 
years' old. 
On March 11, 2004, 
called 
at 9:13 p.m. Epstein arrived the same day, at 
11:20 p.m. On March 12, 2004, 
called 
at 8:59 a.m. and 9:21 a.m. At 3:38 that 
afternoon, Haley received her first 
from 
provided one sexual massage where Epstein masturbated while trying to fondle 
was 17 years' old at the timelliliptold Epstein that she was 18 years' old, 
but Felieves that Epstein "knew better," based on her appearance and their discussion during 
the massage. 
I'During her interview with the police,Illicaught herself and said "He likes girls who 
are 18 to 20," but in talking with the federal agents, she admitted that the only girls she brought 
(other than the 23-year-old) were girls under 18, Epstein really liked the youngest girl (Saige, who 
was 14), and he preferred young girls, not 18- to 20-year-olds. 
35 
EFTA00234551

Possible Credibility Challenges 
ga las been granted 6001 immunity by the Department and has appeared before 
the Grand Jury. After her experiences with Epstein, 
became a stripper and worked in 
various clubs in West Palm Beach and Orlando. 
s currently working as a waitress at 
a regular restaurant in the Fort Lauderdale area. She currently is living with her parents but 
is scheduled to move out soon.11igatprimary credibility challenge is that she brought 
several girls to Epstein's home — knowing that they were underage — and she has been given 
immunity for her testimony. _suffers from depression and takes medication for that 
condition. 
The grand jurors listened attentively to Haley and seemed to believe her. After her 
testimony they were anxious to indict Epstein, asking when an indictment would be 
forthcoming . e 
is very straightforward about Epstein's actions, and her own. 
B.
As mentioned above,— parents originally brought Epstein's behavior to the 
attention of the Palm Beach Police Department. 
went to Epstein's house once, on February 6, 2005, when she was 14 years' old. 
igh School at the time. erkwas recruited 
cousin 
was datingelip at the time. On February 
5 
her boyfriend went t 
house to watch a movie. That evenin 
`used her cell phone to call 
over the telephone. After 
hung up, isttsked why she was giving her physical 
description to someone. aleskee 
if she wanted to make $200 giving a massage to 
a very rich man on Palm Beach. illemdelnibegan arguing becauseadidn't want 
aao 
do a massage. _decided to go anyway so that she could make $200.1 
states that she knew she would have to take her top off and that Epstein would masturbate 
during the massage. Haley states thailleknew she would have to strip down to her bra 
and panties and that "the more she did, the more [money] she would make."111.0nstructed 
ethat, 
if Epstein askedawould say she was 18 and was a senior at Wellington High 
School. 
On February 6, 2005, at 12:50 pmScalled 
cell phone. Two 
minutes lateraalla 
At 1:01 pm 
ailed Epstein's Palm Beach house and, 
one minute laterargain cal ledallipallean 
oth say tand 
another 
36 
EFTA00234552

girl I
 went tom 
house and picked her up. They drove to the Palm Beach house. 
A security guard at Epstein's home asked why they were there, anall.paid they were 
there to see Jeffrey. The guard let them in and they entered the house through a side door 
into the kitchen. 
Epstein and an assistant [either 
or 
I arrived and the assistant led 
amp upstairs to the master bedroom where all the massages took place...I. was able to 
describe the bathroom and the pictures of naked girls in the home accurately, and she 
describes how she and the assistant picked out massage lotions—states that the assistant 
told her to take her top off. Epstein entered shortly thereafter and forcefully ordered 
to take her pants offSemoved her pants while Epstein left the room. When Epstein 
returned, he was wearing only a towel. Epstein laid face down and told...to straddle him 
to massage his back. Imp bare buttocks touched Epstein's lower back/top of his buttocks. 
Epstein askant 
age and where she went to school anfillIpaid that she was 18 and 
was a senior at Wellington. Epstein got up from the massage table and went to the toilet area 
where he masturbated and made moaning noises. Epstein then returned and laid down facing 
up. He continued to masturbate while directing...Do massage his chest. Epstein then told 
ai
o grab a large back massager/vibrator that was across the room. At Epstein's request, 
removed her underwear. Epstein used the massager onlillavagina while he 
masturbated. Epstein then digitally penetrates 
looked at Epstein to express her 
displeasure with the penetration and Epstein looked at her and sarcastically said, "What's the 
matter?" albooked away. When Epstein ejaculated, the contact stopped. Epstein gave 
4a$300, explaining that the extra $100 was because he "fingered her" and used a vibrator 
on her. Esptein left...to get dressed. Epstein also asked 
leave her telephone 
n umber...Bigot dressed, went downstairs, and left with 1.1.1 Tidneceived 
S200 for bringinall. 
In the car on the way homelabtoldell.hat Epstein "fingered" her and paid her 
$300. 111.1.confirms this, which should be admissible as a prior consistent statement.) 
oked that they could get rich if they went to Epstein's house every weekend. The girls 
went shopping and...then tool 
home. laid 
not purchase anything with the 
$300 she had received from Epstein. 
Wheieretumed to school on Monday, she told a friend what had happened. As 
discussed in the introduction, rumors started flying around the school andllabind another 
girl got into an argument. One of the school administrators searched 8...purse and found 
the $300. When confronted, 
initially stated that she earned the $300 through her job 
at Chik-Fil-A. She then stated she had sold drugs to get the money, and finally admitted that 
37 
EFTA00234553

she had gotten the money from Epstein. 
allellhbegan working with a PBPD Detective. Controlled calls were made taillp 
1.111.6 was initially suspicious because she had heard about the problems at the school.s 
convincedehat she wanted to return to Epstein's house because she needed more 
money. linawas recorded saying, "the more you do, the more you make." 
On March 30 and 31, 2005aliplaced controlled calls to 
about setting up 
another meeting with Epstein. Also on March 30 and 31, 20051Illsand 
made calls 
to and from each other. On March 31 and April 1, 200511., called 
and left 
voicemail messages, which were recorded, to confirm a visit to Epstein's house. Epstein 
flew in to Palm Beach International Airport ("PBIA") on March 31, 2005. The April 1 
recorded voicemail messages, were to confirm a visit to Epstein's house on "Saturday" which 
would have been Saturday, April 2, 2005. On Tuesday, Ar
ita:
005, PBPD did a trash pull 
at Epstein's home, and recovered a handwritten note, 
walla 
on Saturday at 
10:30." Epstein departed PBIA on April 6, 2005. 
Possible Credibility Challenges 
Chas been the focus of Epstein's attorneys because she was the youngest girl and 
the one who brought Epstein's activities to light. Copies of a MySpace page credited to 
le 
were provided to the State Attorney's Office and to our office. On that page, llIt 
states that she is 21 years' old, she drinks and has taken drugs, she shoplifts, and she earns 
$250,000 each year. The MySpace page also shows a picture oilawrestling with her 
boyfriend and a photograph of a naked girl lying on a beach. Copies of those materials are 
attached hereto at Tab 9.32 During her first sessions with the police, she also minimized what 
"Also attached at Tab 10 are two police reports showing thatalawas under the influence 
of Xanax in March 2006 and that her mother called the police fearing that she had run away in 
January 2006. Both of these events occurred well after the events occurred with Epstein and after 
the matter was reported to PBPD andilillwas interviewed. Sparents 
report that once the 
rumor at school started thaterwas a prostituteStarted having behavioral problems and had 
to change schools twice. She has successfully completed a drug treatment programs since the 
reported events at Tab 10. 
Attached at Tab 11 is a booking photo oafather. 
I have downloaded the docket sheet, 
Information, J&C, Rule 35 motion, the Order granting the Rule 35 motion, and the Petition for 
Violation of Supervised Release and I have added those to Tab #11. Attached at Tab#12 is 
information related to an arrest oat 
mother for "criminal use of identification information." 
38 
EFTA00234554

happened with Epstein, denying that he touched her. 
With respect to the minimization of the conduct, we have secured two experts in these 
types of cases, who will explain how child victims of sexual abuse minimize what happened 
to them until they feel more secure about the interviewer. In addition, there is the prior 
consistent statement that 
made toff/awhile they were in the car driving away from 
Epstein's home. 
With respect to the MySpace pagessays that it is inaccurate. When she was 
confronted with the page before the state grand jury, she denied putting certain items on the 
page. When we met with her, she again said that she did not remember putting certain things 
on the page and she believed that it wasn't her page. After that meeting, we tried to verify 
statement, i.e., whether someone really had doctored her page. We were able to 
determine that the page was created on a single day and had never been accessed since the 
date of its creation. Some of the information was identical to e'active" 
MySpace 
page, and other parts were different. Unfortunately, because of the passage of time, the ISP 
no longer had information about the specific IP address used to create the page, so we could 
not trace the creation back to a particular persons address. 
Even really 
did create the MySpace page and simply forgot about it, in my 
opinion, most of the information that they are focused on doesn't really undermine 
credibility in this case. MySpace pages are notorious for "puffing," so claims that she was 
18 and made $250,000 a year are not statements that a reasonable person would rely on to 
avoid engaging in criminal conduct. Certainly Epstein never visited the site before molesting 
amp so he did not rely upon the claim that 
was 18 when he decided to digitally 
penetrate her. admittedly drank and was sexually active with her boyfriend. AMIN 
were not a person who engaged in these types of activities, elsvouldn't have approached 
no 
recruit her to give a sexual massage to Epstein. The photograph of the nude girl on 
the beach is obviously a picture that was digitally created (there is a cruise ship headed 
directly towards the girl on the beach) and also is obviously not.. 
C. 
Jane Doe #15a 
Jane Doe #15 also attended Royal Palm Beach High School within/land nig 
recruited her to go to Epstein's home to perform a sexual massage when JD#15 was 16. 
It is not expected than' 
parents will be called as witnesses, but the defense has brought these 
events to my attention. 
39 
EFTA00234555

.old JD#15 that she could make $200 for massaging Epstein. IIIN drove JD#15 to 
Epstein's house and told her that Epstein may ask her to take her top off and may try to touch 
her, but she could tell him if she felt uncomfortable. IIII also instructed JD#15 to tell 
Epstein that she was 18, if he asked. 
When the arrived at Epstein's house, they entered through the kitchen, and they were 
met by 
. 
escorted.. and JD#15 upstairs to the dressibrea and helped 
them set up the massage table, select the lotions, and obtain towels. 
then left the 
room. Epstein entered and introduced himself. Epstein and_ 
then stepped outside for 
a moment and only Epstein returned. Epstein removed his clothing and laid down on his 
stomach. During the massage, Epstein repeatedly grabbed and pulled at JD#15 to get her 
closer to him so he could fondle her. At the end of the massage, Epstein paid JD#15 $200 
and asked 
 telephone number. 5 
also received $200 for bringing her. A short 
time later, 
called JD#15 and left a message asking her to perform another massage. 
gillmade arrangements for JD#15 to return for a second massage. During the second visit, 
Sand 
JD#15 again entered through the kitchen, where they were greeted by Epstein. 
Epstein led JD#15 upstairs, leavinglimmrin the kitchen. During the massage, Epstein was 
on the telephone, and no sexual activity took place. Both...and JD#15 received $200. 
JD#15 did not remove her clothing during either of these sessions. 
JD#15 did not return to Epstein's residence for several months because she andl. 
had gotten into an argument. We do not know the exact date when JD#15 returned to 
Epstein's home, but we know that it was at least by December 3 2004, when JD#15 was 17, 
because on that date, JD#15 received a call directly from =. 
After that break in time, 
JD#15 started going to Epstein's home on a regular basis. Each time she removed more and 
more clothing, at Epstein's request. JD#15 also explains that Epstein pushed at every session 
for more sexual activity. Epstein would masturbate during virtually every session, and would 
ask JD#14 to pinch his nipples. Epstein would pinch JD#15's nipples, and rub her vagina. 
On several occasions, Epstein digitally penetrated ID#15, he also used a large vibrator/back 
massager on JD#15's vagina. Epstein asked JD#15 to straddle him naked while he was lying 
on his back. Epstein then reached through her legs to masturbate himself. Epstein tried to 
rub his penis against JD#15's vagina but never penetrated her. 
JD#15 state 
he was usually contacted by =, 
via her cellular phone, to set 
up appointments. illi swould sometimes call from New York or the U.S. Virgin Islands 
stating, "we will be coming into town, can you work?" Sometimes 
would call when 
they l
 were in town asking if JD#15 was able to work the same day or the following 
day. 
sometimes made appointments before Epstein left town for the next time that 
40 
EFTA00234556