EFTA01338095

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! Facsimile: February 2, 2007 DELIVERY BY HAND Michael Salnick One Clearlake Centre 250 South Australian Avenue Suite 1203 West Palm Beach, FL 33401-5014 Re: Janusz Banasiak Dear Mr. Salnick: I am writing to clarify the ground rules for the interview with your client, Janusz Banasiak ("your client"), to occur today, February 2, 2007. As I mentioned earlier, Mr. Banasiak is not a target of this investigation. However, to address your concern about criminal exposure, if your client complies with every provision of this agreement, then the United States Attorney's Office for the Southern District of Florida ("this Office") will treat all statements made by your client during said debriefing as statements made pursuant to Rule 11(f) of the Federal Rules of Criminal Procedure. This is not a grant of immunity, which can be given only with approval of the Justice Department, but protects your client from having the statements made by him during the interview from being used against him directly. To guard against any misunderstandings concerning the debriefing of your client, this letter sets forth the terms of this agreement. Your client agrees to be fully interviewed, that is, to provide information concerning your client's knowledge of, and participation in criminal activity, including but not limited to the procurement ofprostitutes. The protection of this letter applies to a debriefing that will be conducted by this Office, Special Agents of the Federal Bureau of Investigation, and any other law enforcement agency this Office may require. This agreement pertains only to the debriefing made on the date stated in the previous paragraph and to no other events. Thus, under this agreement, no information disclosed by your client during the interview will be offered in evidence against your client in any criminal or civil proceeding, SDNYGM_02771643 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00258451 EFTA01338095 MICHAEL SALNICX, ESQ. RE: JANUSZ BANASIAK FEBRUARY 2, 2007 PAGE 2 provided that your client complies with this agreement and that the information your client furnishes is truthful, complete, and accurate. If, however, this Office determines that your client has intentionally given materially false, incomplete, inaccurate, or misleading information, then this Office may use such information in any matter or proceeding and your client is subject to prosecution for perjury, obstruction ofjustice, and making false statements to government agencies. Any such prosecution may be based upon information provided by your client during the course of the interview, and such information, including your client's statements, will be admissible against your client in any grand jury or other proceeding. The government also may use statements made by your client in any debriefing and all evidence derived directly or indirectly therefrom for the purpose of impeachment or cross-examination if he testifies at any trial or hearing, and/or in any rebuttal case against your client in a criminal trial in which he is a defendant or a witness. This provision is necessary to ensure that your client does not make or offer any false representation or statement in any proceeding or to a government agency or commit perjury during any testimony. Your client further agrees that attorneys for the United States may be present at the debriefing, and agrees not to seek disqualification of any such government attorney from any proceeding or trial because of their participation at the debriefing. The entire agreement between the United States and your client is set forth in this letter. No additional promises, agreements, or conditions have been entered into and none will be entered into unless in writing and signed by all parties. If the foregoing accurately reflects the understanding and agreement between this Office and your client, it is requested that you and your client execute this letter as provided below. By: Sincerely, R. Alexander Acosta Unit d States Attorney . A. Ma Assistant United States Attorney SDNY_GM_02771644 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00258452 EFTA01338096 MICHAEL SALNICK, ESQ. RE: JANUSZ BANASIAK FEBRUARY 2, 2007 PAGE 3 I have received this letter from my attorney, Michael Salnick, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it fully sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida. I state that there have been no additional promises or representations made to me by any official of the United States Government or by my attorney in connection with this matter. Dated: ZNo 7 Witnessed by: usz Banasiak ichael Sa tuck, Esquire SDNY_GIvl_02771645 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00258453 EFTA01338097 G.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 FL 33401 Facsimile: DELIVERY BY HAND Michael Salnick One Clearlake Centre 250 South Australian Avenue Suite 1203 West Palm Beach, FL 33401-5014 February 2, 2007 Re: Janusz Banasiak Dear Mr. Salnick: I am writing to clarify the ground rules for the interview with your client, Janusz Banasiak ("your client"), to occur today, February 2, 2007. As I mentioned earlier, Mr. Banasiak is not a target of this investigation. However, to address your concern about criminal exposure, i f your client complies with every provision of this agreement, then the United States Attorney's Office for the Southern District of Florida ("this Office") will treat all statements made by your client during said debriefing as statements made pursuant to Rule 11(f) of the Federal Rules of Criminal Procedure. This is not a grant of immunity, which can be given only with approval of the Justice Department, but protects your client from having the statements made by him during the interview from being used against him directly. To guard against any misunderstandings concerning the debriefing of your client, this letter sets forth the terms of this agreement. Your client agrees to be fully interviewed, that is, to provide information concerning your client's knowledge of, and participation in criminal activity, including but not limited to the procurement of prostitutes. The protection of this letter applies to a debriefing that will be conducted by this Office, Special Agents of the Federal Bureau of Investigation, and any other law enforcement agency this Office may require. This agreement pertains only to the debriefing made on the date stated in the previous paragraph and to no other events. Thus, under this agreement, no information disclosed by your client during the interview will be offered in evidence against your client in any criminal or civil proceeding, SDNY_GM_02771646 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00258454 EFTA01338098 MICHAEL SALNICK, ESQ. RE: JANUSZ BANASIAK FEBRUARY 2, 2007 PAGE 2 provided that your client complies with this agreement and that the information your client furnishes is truthful, complete, and accurate. If, however, this Office determines that your client has intentionally given materially false, incomplete, inaccurate, or misleading information, then this Office may use such information in any matter or proceeding and your client is subject to prosecution for perjury, obstruction ofjustice, and making false statements to government agencies. Any such prosecution may be based upon information provided by your client during the course of the interview, and such information, including your client's statements, will be admissible against your client in any grand jury or other proceeding. The government also may use statements made by your client in any debriefing and all evidence derived directly or indirectly therefrom for the purpose of impeachment or cross-examination if he testifies at any trial or hearing, and/or in any rebuttal case against your client in a criminal trial in which he is a defendant or a witness. This provision is necessary to ensure that your client does not make or offer any false representation or statement in any proceeding or to a government agency or commit perjury during any testimony. Your client further agrees that attorneys for the United States may be present at the debriefing, and agrees not to seek disqualification of any such government attorney from any proceeding or trial because of their participation at the debriefing. The entire agreement between the United States and your client is set forth in this letter. No additional promises, agreements, or conditions have been entered into and none will be entered into unless in writing and signed by all parties. If the foregoing accurately reflects the understanding and agreement between this Office and your client, it is requested that you and your client execute this letter as provided below. By: Sincerely, R. Alexander Acosta United States Attorney . 4 A. Ma 'fie Vilfa ariaa Assistant United States Attorney SDNY_GM_02771647 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00258455 EFTA01338099 MICHAEL SALNICK, ESQ. RE: JANUSZ BANASIAK FEBRUARY 2,2007 PAGE 3 I have received this letter from my attorney, Michael Salnick, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it fully sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida. I state that there have been no additional promises or representations made to me by any official of the United States Government or by my attorney in connection with this matter. Dated: .3,12/47 7 Witnessed by: .40f ; Michael Sa nick, Esquire SDNY_GIvl _02771648 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00258456 EFTA01338100 United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Janusz Banasiak SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 05-02(WPB)-FriJNo. OLY-23-3 SUBPOENA FOR: PERSON DOCUMENTS OR OBJECTISI YOU ARE HEREBY COMMANDED to appear and testifybefore the Grand Jury orate United States District Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TLME: January 26, 2007 9:30 am* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): Any and all records related to your employment, including but not limited to paystubs, W-2 forms, correspondence, employment applications, and employment reviews. Any and all information regarding methods to contact Jeffrey Epstein directly or via any secretaries/assistants from 1/1/2004 to the present, including but not limited to, telephone numbers, cellular telephone numbers, Blackberry addresses, e-mail addresses, and mailing addresses. *Please coordinate your compliance with this subpoena and confirm the date and time , and location of your , appearance with Special Agen Federal Bureau of Investigation, Telephone: This su bpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. CLERK (BY) DEPUTY CLERK This subpoena is issued upon application of the United States of America DATE January 1 I, 2007 Name, Address and Phone Number of Assistant U.S. Attorney Ann Marie C. Villafaha, Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach. FL 33401-6235 Ta Fax *It not applicable. enter 'none.' To W mcd o k,j A011a FORM ORD.227 JAN 86 SDNY_GlvI_02 77 1649 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00258457 EFTA01338101 0,11( oq.c..O1Aij (AAA C.0.41'1 O,CU) ZAfri ? SDNY_GM_02771650 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00258450 EFTA01338102 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 33401 Facsimile January 23, 2007 DELIVERY BY UNITED STATES MAIL. Michael Sa In ick One Clearlakc Centre 250 South Australian Avenue Suite 1203 West Palm Beach, FL 33401-5014 Re: Federal Grand Jury Subpoena Dear Michael: I am in receipt of your letter regarding Janusz Banasiak. As I mentioned earlier, Mr. Banasiak is not a target of the grand jury investigation and he has been subpoenaed solely as a witness. During our last conversation, you stated that Mr. Banasiak would be willing to speak with investigators pursuant to a Kastigar letter. Please let me know if that is the case and, if so, when you and Mr. Banasiak are available. My office would rightly question why I would ask for immunity for a person who I feel faces no criminal exposure, so, if that remains your position, I would like to discuss the matter further. I look forward to your response. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafalia Assistant United States Attorney SDNY_GM_027 71651 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00258459 EFTA01338103