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efta-01649081DOJ Data Set 10Other

EFTA01649081

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DOJ Data Set 10
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efta-01649081
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EFTA Disclosure
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From: " To: ' Subject: Fw: Request from Director Date: Mon, 24 Mar 2025 19:06:51 +0000 Importance: Normal Attachments: Responsive_Materialsindex_for_AY_2021.01.11.xlsx From: Sent: Monday, March 24, 2025 1:54 PM To: Subject: Fw: Request romN .MM IMI- eth - From: Sent: Tuesday, March 11, 2025 11:44 PM To: Cc: > Subject: [EXTERNAL EMAIL] - RE: Request from Director > Thank you for forwarding this request from the Director. We here at SDNY remain ready and willing to provide any information the FBI requests in this case. I have had the chance to confer with my colleagues and supervisors at SDNY and the case agent about this request, and I've done my best to provide quick responses below. Please let me know if you have any questions or if additional information would be useful. 1. Assuming the request to photograph all evidence refers to all physical evidence with 1B numbers, this should be feasible for the FBI to complete by the end of the week if you can start immediately. Our case team worked with Maxwell's defense counsel to allow them to photograph all items of physical evidence as part of their discovery in the criminal case, and it only took a couple of days, with the assistance of C- 20 agents, to view and photograph all of the physical evidence. • The evidence that was seized during the execution of search warrants was photographed by the search teams, and many of those photos were admitted at Maxwell's trial. • The case team did not separately photograph the evidence in the warehouse after the completion of the searches because we elected to mark and introduce any relevant physical exhibits themselves a physical exhibit at trial. • If this refers to something other than physical evidence with 1B numbers, I'd be happy to help facilitate in any way I can. Please just let me know. 2. The case agents and AUSAs ensured that all videos and images from the case file and from Epstein's residences and devices were reviewed for evidence of a crime. Those reviews revealed no evidence from any of the searches we conducted or any of the files we reviewed that any videos or other images exist of any victims in this case being sexually abused. Nor did those reviews reveal any evidence that anyone other than Epstein and Maxwell participated in the sexual abuse of victims in this case. We are aware of the theories circulated in the media and online that Epstein video recorded the abuse of his victims, including by other men, but we have found no evidence to support that theory. Indeed, had we found such videos, we certainly would have used them as evidence in the criminal cases we investigated EFTA01649081 and prosecuted and would have pursued any leads they generated. We did not, however, locate any such videos. Below please find more details about the video evidence gathered during this investigation. • During the searches of Epstein's New York residence and USVI residence in 2019, the FBI searched for videos and surveillance cameras. My understanding from the case agent is that there were no cameras found inside any bedrooms or living areas of either residence. I understand that surveillance cameras were located near the entrances of the residences. I also understand that the surveillance systems only retained video for a limited period of days, and that the only recordings available were very recent surveillance from 2019 and would thus not have depicted anything relevant to our investigation, which focused on the 1990s and early 2000s. Accordingly, those surveillance videos were not seized because they were not responsive to the warrants allowing the FBI to seize only certain evidence from those premises. The FBI had no legal authority to seize recent surveillance videos from 2019 under the warrants issued by SDNY and USVI courts. • During the searches of Epstein's residences in 2019, the FBI seized a large number of CDs, some hard copy photographs, and at least one videotape containing nude images of females, some of whom appeared to possibly be minors in their late teens. The case agents reviewed all of those images, and they were all made available to Maxwell's counsel for review in discovery. None of the images depicted sexual abuse, and none depicted any males with any of the nude females. • Some of these images included nude photographs of victims who were the focus of Maxwell's trial, and we marked some of those photographs as sealed exhibits for trial. The victims are alone in these photos. Because those images contained sensitive photos of victims of sexual abuse, they have never been released publicly. • As I referenced in my email to you this morning, the FBI and SDNY undertook a full review of all electronic devices seized from Epstein's residences and incident to his arrest in 2019. As part of that review, a team of FBI agents, FBI analysts, SDNY AUSAs, and SDNY paralegals divided up the review of over one million images and videos that FBI CART extracted from Epstein's devices. The reviewers all followed the same protocol for the review, which involved at least one member of the review team personally reviewing each image and video extracted from each device and determining whether the image or video was responsive to the search warrants in the case. In an effort to be as broad as possible, the protocol directed reviewers to identify as responsive, among other things, any image or video depicting any female who appeared to be under the age of 30. • As result of that review, any image or video on any of Epstein's devices depicting any potential victim was identified as responsive and saved. • The case agent collected and maintained a copy of all images and videos identified responsive through this search. Attached please find the index detailing how many images and videos were identified responsive to the warrants and what designation they received under the Protective Order in the Maxwell case. Note that materials designated Highly Confidential contained nudity. Please also not dex does not include Epstein's iPhone and six iPads, which were reviewed or ' • sing the same protocol for videos and images described above. • Although that review identified many images and videos that were responsive to the warrants in our criminal investigation, none depicted the sexual abuse of any victim, and none revealed any perpetrator(s) of sexual abuse other than Epstein and Maxwell. • If you need additional documentation for this review, please let me know. • The Palm Beach Police Department video recorded interviews of victims at their police station, video recorded parts of their search of Epstein's Palm Beach residence, and also seized a small number of videos from Epstein's Palm Beach residence. • All of those videos were transferred to the FBI's custody, are part of the case file, and were reviewed by the AUSAs and case agents during our investigation. None of these videos depict the abuse of any victims or provide evidence suggesting anyone other than Epstein and Maxwell participated in the abuse of victims. • SDNY introduced the video recording of the search of Epstein's Palm Beach residence as an exhibit at trial. 3. None of the videos identified in point 2 above contained potential CSAM. As noted above, there were no videos of any sexual abuse identified at any point in the investigation. There were, however, approximately a dozen photographs containing CSAM found on one of Epstein's devices. Those images were identified by the case agent as CSAM that Epstein obtained over the Internet not CSAM depicting any of Epstein's victims or produced by Epstein. A copy of those images was maintained by the case EFTA01649082 agent in the case file with the other images and videos seized and identified responsive during the review of Epstein's devices detailed in point 2 above. We hope this information is helpful, and we are happy to answer any questions or provide any additional information or materials upon request. As should be apparent from the above, there is a large volume of sensitive material that could identify victims in this case, and we reiterate our request that the case agents and/or line AUSAs be permitted to propose protections for victims before any additional material is publicly released from this case file. Thank you, From Sent: Tuesday, March 11, 2025 6:37 PM To: Cc: Subject: Re: Request from Director I completely understand. I appreciate any help you are willing to provide. Thanks From: Sent: AMPRIFIR IPIIII IMIM> To: Cc: Subject: [EXTERNAL EMAIL] - RE: Request from Director Hi Kristen, Thanks for sending. I'm in a meeting right now and will be tied up the rest of the day, but I will try to get back to you by tomorrow. Thanks a ain, From Sent: Tuesday, March 11, 2025 5:02 PM To: Subject: Fw: Request from Director Hi EFTA01649083 Would you please assist me in answering these questions with a legal response? From: Sent: Tuesday, March 11, 2025 4:36:29 PM To Subject: FW: Request from Director H Pleas see string - I have highlighted in yellow and have also consolidated below: The Director has requested the following items be completed by Friday: Photograph all items of evidence Determine if there are any images of individuals on any videos which should be considered for prosecution? We will need to review all videos (which we have legal authority to do) to make that determination. If this review was previously completed, please provide any documentation of that review which exists. What is the description of the CSAM on any videos? Thx! From: Sent: Tuesday, March 11, 2025 4:31 PM To Cc Su ject: RE: Request from Director Yes, sorry. That's on me... What is the description of the CSAM on any videos? From Sent: Tuesda March 11 2025 4:28 PM To Cc: Subjec : : equest rom irector EFTA01649084 Copy — You had mentioned in our conversation there was a request to determine what the CSAM is on the video/hard drives, is that a request as well? Thx! From: Sent: Tuesday, March 11, 2025 4:24 PM To: Cc: Subject: Request from Director Hey IME, Following up on our call: > > > The Director has requested the following items be completed by Friday: Photograph all items of evidence Determine if there are any images of individuals on any videos which should be considered for prosecution? We will need to review all videos (which we have legal authority to do) to make that determination. If this review was previously completed, please provide any documentation of that review which exists. Thank you, EFTA01649085

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA S 120 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x THE GOVERNMENT'S OMNIBUS MEMORANDUM IN OPPOSITION TO THE DEFENDANT'S PRE-TRIAL MOTIONS AUDREY STRAUSS United States Attorney Southern District of New York Attorney for the United States of America Assistant United States Attorneys - Of Counsel - EFTA00039421 TABLE OF CONTENTS PRELIMINARY STATEMENT 1 BACKGROUND 2 ARGUMENT 3 I. Jeffrey Epstein's Non-Prosecution Agreement Is Irrelevant to This Case 3 A. The NPA Does Not Bind the Southern District of New York 4 1. The Text of the Agreement Does Not Contain a Promise to Bind Other Districts 5 2. The Defendant Has Offered No Evidence That the NPA Binds Other Districts 9 B. The NPA Does Not Immunize Maxwell from Prosecution 15 1. The NPA Is Limited to Particular Crimes Between 2001 and 2007 15 2. The NPA Does Not Confer Enforceable Rights on Maxwell 17 C. The Defendant

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