EFTA02731200

U.S. Department of Justice United States Attorney Southern District of New York Privileged and Confidential -- Attorney Work Product Do Not Disseminate Outside of the SDNY USAO USAO # United States v. 20 Cr. ( ) April 14, 2020 This memorandum addresses the investigation into an assistant to Jeffrey Epstein. In particular. this memorandum analyzes a potential prosecution against for participating in a sex trafficking conspiracy with Epstein. who worked as EFTA 00022721 EFTA02731200 Page 2 This memorandum incorporates the Prosecution Memo regarding Jeffrey Epstein. dated June 17, 2019 (the "Epstein Memo"). and the Investigation Update Memo dated December 19, 2019 (the "Update Memo"). but also includes a brief summary of the facts relevant here. L Overview of The Scheme From at least 1994 through approximately 2005, Epstein engaged in a pattern of enticing minor girls to engage in illicit sex acts, including by engaging in paid sex acts between approximately 2002 and 2005. This conduct is roughly divided into two time periods and courses of conduct: First, starting approximately no later than 1994, Epstein and Ghislaine Maxwell, his romantic and business partner, groomed and ultimately abused a relatively small number of victims, including in the course of longer-term abuse. This grooming and abuse included befriending • y and bestowing generalized financial benefits separate from payment for particular sex acts, as well as regular travel with Second. starting in approximately 2002. this pattern changed significantly, when a few of Epstein's initial victims began to recruit local girls and women to provide Epstein with "massages" that would include sex acts. Epstein would pay both the participant and the recruiter on a per-session basis. At this time, which also was approximately when Maxwell became less involved in Epstein's daily life, the girls who began to provide sexualized massages to Epstein themselves began to recruit friends and acquaintances, who recruited their own friends, leading to the "pyramid scheme" operation for which we charged Epstein with sex trafficking in 2019. When victims visited Epstein's residences, they usually were contacted via telephone by individuals who worked for Epstein to arrange additional massages. In New York, the primary scheduler was Leslie Groff, one of Epstein's assistants, who worked at an office off-site from the E stein's mansion in New York (the "New York Residence"). In Florida. the primary contact was who began working as Epstein's travelin assistant in ; another contact for sc ing for certain Florida victims was during her employment as another traveling assistant to Epstein . Gro oes not appear to have ever been present when victims arrived for massages in New York: both were regularly present at Epstein's Florida estate (the "Florida Residence") when girls amved, and they would sometimes escort the girls to Epstein's massage room there. In order to maintain a steady stream of underage girls to perform sexual acts, Epstein also directed many of his victims to recruit other girls to engage in massages, including as conveyed through his assistants. Some victims brought just one or two friends, while others become prolific recruiters, bringing Epstein dozens of other girls. Epstein typically paid the recruiters hundreds of dollars for each girl they brought tilein's residences, and those payments also were sometimes made by employees including and . While our Office's charges against Epstein principally focused on conduct occurring in New York or with connections to New York—and did contact victims for schedulin purposes while she was physiairiesent in Manhattan— e investigation as it related to largely focuses on Florida. was primarily responsible for scheduling at the F on Residence, where she also sometimes met and/or paid certain minor victims. EFTA 00022722 EFTA02731201 Page 3 H. Summary of Personal Background and Employment with Epstein We have learned about background and employment with Epstein through our investigation, including from numerous interviews with victims and other Epstein employees; ; and two proffers with herself. We do not have reason to dispute the below information,derived from those sources, ess otherwise specified. 1. Upbringing, marriage, and early employment was raised in a conservative amt y an community, an her experiences as a child likely made her unusua y susceptible to abuse and manipulation by Epstein. In particular, credibly describes having been sexually abused well before meeting Epstein erwar s sou _'temp oyment • wo g part-time jo at She also pursued modeling jo had been suggested to her • an • o en since s e was younger. In connection with those attempts, following worce she briefly lived with a much-older photographer who also sexually exploited er. then moved to to take a job at IS Burin which time she was in debt and arge v socially isolat . S only thereafter, a co eague who knew Epstein suggested to him as a prospective assistant in approximate y 2001. 2. Initial Employment with Epstein In fall 2001, Epstein flew to his private island in the U.S. Virgin Islands ("USW) and then to New York for an Muction, and shortly thereafter brought her to Florida for an unpaid "training" period to be a traveling personal assistant to Epstein. Initially, believed she would primarily be working for Maxwell, and her initial "training" was with Maxwell and . who was then Maxwell's assistant and who returned to her native England shorty er was hired. Although initially answered to both Maxwell and Epstein, early in her interactions with them it became clear to her that she would work primarily for Epstein, though she also was expected to perform tasks assigned by Maxwell. EFTA 00022723 EFTA02731202 Page 4 Following her travel to the island, worked as an unpaid assistant for several months, during which Epstein escalated sexual comments and behavior. This culminated with Epstein directing to join him in a bath and telling her she had the job and "now [needed] to keep it." In the initia months ofn. employment, among other tasks, she was instructed by Epstein and Maxwell that Epstein received regular massages, and it was responsibility to schedule those massages in Florida. She did so by calling individuals w ose names and phone numbers were maintained in a written and electronically-stored list. During this time, in 2001 and 2002, In reports that Maxwell became significantly less of a regular presence with Epstein, which is consistent with the accounts of other individuals who interacted with Epstein at that time, including numerous victims we have interviewed.'- describes having limited interactions with Maxwell, and being afraid of and intimidated by er. This is consistent with the accounts of victims from that period, most of whom regularly interacted with but never met or even saw Maxwell. In the subsequent months and years, tasks as an assistant for Epstein were wide-ranging and largely menial, including but not limited to packing for Epstein's trips; making his bed and doing laundry; purchasing, stocking, and preparing food; massaging Epstein's feet and shoulders at his direction; organizing social events with academic and finance luminaries; purchasing and categorizing various household items for each of Epstein's several properties; running errands and carrying purchases for Epstein and Maxwell; making personal appointments, including doctor, dentist, and personal trainer visits; and various household administrative tasks. also scheduled many of the massages that gave rise to the indictment of Epstein for sex tra is ing, including with numerous minor girls. All of these tasks occurred at whatever property Epstein traveled to; was expected to travel with him at all times. When Epstein was in New York, stayed in an apartment complex controlled by Epstein; when he was in the USVI, New , or Florida, she stayed in a room in the main residence at each of those respective locations. According to her salary was approximately $25,000 per year when she first started working for Epstein, an that over her approximately ten years of employment her salary rose to a high of around $100,000. This is generally consistent with the account of who was hired a few years later at approximately $36,000. Based on our interviews with other Epstein employees, we understand that (and were paid substantially less than other employees, including his permanent assistant base in New York, his pilots, his house managers, and certain other staff. duties were relatively consistent from when she was hired in 2002 through 2005, when the Florida investigations began and her responsibilities generally remained the same but the massage appointments ceased. 2 This is principally why there is no material factual or witness overlap between a possible prosecution and a possible Maxwell prosecution. In short, Maxwell was much more invo ve in longer-term abuse in the 1990s of a much smaller number of victims, many of whom traveled extensively with Epstein, whereas was hired just as Epstein began to build a more localized—but much higher volume—system of abuse through massage appointments, beginning in approximately 2002. EFTA_00022724 EFTA02731203 Page 5 3. Epstein's arrest and subsequent employment In 2005. Epstein's conduct became the subject of an investigation by the Palm Beach Police Department, and then the FBI, after the parents of a victim reported to law enforcement that Epstein had abused their daughter. Those investigations ultimately spanned approximately two years and included, among other things. interviews with approximately 35 victims, nearly all of whom were based in Florida. I describes learning that the police were investigating Epstein's sexual abuse of minors in the initial stages of the investigation. admits that Epstein subsequently directed her to speak with certain victims and ask them to contact Epstein's investigators, as well as to convey the message that Epstein would financially provide for individuals who "helped" him. the girls not cooperate with, and cones information from, law enforcement. also admits that she understood this as an effort to have has described that Epstein initially denied to her the allegations against him, before ultimate y admitting that at least one of the girls who came to the Florida mansion and with whom he engaged in sexual activity for money was a minor. She recalls that he minimized his conduct by describing it as involving a very limited number of girls, particularly as compared to the large number of women who were young but technically of age, and also claimed he was being "blackmailed" and that the accusations were, in effect, a shakedown. This is consistent with what Epstein also told Groff and at the time, and Groff was similarly told by Darren Indyke, an attorney for Epstein, that Epstein was being blackmailed.; Following Epstein's brief period of incarceration, continued her employment as his assistant until marrying her current husband_. She as recounted that she still believed it was effectively impossible to leave him, and to find other employment or friendships, given her lack of family or network outside of Epstein's circle—and that once she found a person who was recounted observing that others around Epstein continued their associations with him, inc. actually supportive (her current husband), she separated from Epstein. Additionally. significant figures in academia, finance, and social circles. conveys that her continued association with Epstein was influenced by, among other things, manipulation of her and her continuing desire to please him and to gain his approval despite his mistreatment of her the fact that many other notable and respected individuals in finance, politics, and academia continued to associate with Epstein despite knowing about his convictions and seeing his interactions with young women and girls: and her concern about finding other employment, having never even graduated from high school and having no transferable skills. When married her current husband , Epstein gave them S100.000 as a wedding gift: received no additional payments our pstein between then and 2018, when he gave her 250.000. as further discussed below. describes that she now deeply regrets remaining with Epstein, and that her decision to do so at t e time was significantly influenced by Epstein's manipulation. We discuss in detail below the issue of knowledge at the time. In brief. has denied specifically knowing that any of theinom she scheduled for massages weregirage. and in particular that she did not pay attention to or focus on the ages of the girls. EFTA 00022725 EFTA02731204 Page 6 4. Abuse by Epstein MIE recounts, that she was the victim of long-term sexual abuse by li= Epstein in various forms. account of understanding that her employment was contingent upon acquiescence to unwanlsexual advances b Epstein is consistent with the what we have heard from another Epstein assistant, who was similarly situated to (and worked with) for approximately two years. describes gradually-increasing unwanted physi contact, sexual references, and efforts to control her physical appearance. weight, and food consumption, all of which are consistent with the accounts of other individuals we have interviewed and found credible—in particularM and who was not formally an assistant but whom E stein maintained as a "sex slave" an putative gir friend for several years trim in the 2000s. as well as who traveled with Epstein extensively and was abused by him between the ages° 17 an 20. describes that over the course of years. these sexual overtures escalated from instructions t at s e massage his feet or shoulders, to requests that she sit on his lap, to him entering her room while she was lying down or sleeping and getting into her bed. He would refer to his later requirements that she join him nude in his bed as serving as his "hot-water bottle," and eventually directed her to perform oral sex on him. Consistent with the accounts of other victims, discussed with others. Also consistent with the accounts of and wealth, but also not to be recounts that Epstein treated his escalating demands as unremarkable and normal for a man of others, including and describes initially being terrified that Maxwell would discover that Epstein was engaging in sexual activity with her, before realizing that Maxwell knew about his conduct, and finally being instructed to engage in sexual activity with both Epstein and Maxwell simultaneously. has described that Epstein forcibly raped her on one occasion, under circumstances at are consistent with the accounts of other victims—specifically, that he appeared to have "snapped" or become suddenly aggressive, out of context of any other sexual activity. Despite this abuse, viewed Epstein as a father figure and confidant. Epstein, who presented himself as extraordinarily wea t y, socially and politically connected, and sophisticated; he manipulated into constantly seeking his approval for "nearly every aspect of her life." This is consistent with the accounts of other Epstein victims, including other employees, such as has explained that she describes having felt dependent upon other individuals who were in his orbit as long-term victims, such as and numerous victims who provided Epstein with sexualized massages re ative y few times. ause had been disfellowshipped from her church and effectively disowned by her family, she not believe she had meaningful alternatives to remaining with Epstein—but even if she had, she recounts that she believed Epstein truly cared about her, despite the ongoing abuse. This traumatized understanding of her relationship with her abuser is consistent with the accounts of similarly-situated victims in this case and in others. EFTA_00022726 EFTA02731205 Page 7 Investigation The following is a discussion of the evidence we have gathered in ow investigation that relates to in particular, including conduct as well as the anticipated testimony of the witnesses at a potential trial. 1. Conduct relating to sex trafficking As an assistant, regularly called women and girls, including individuals who were under the age of 18, to sc ule them to come to the Florida Residence for a massage. also sometimes met victims when they arrived, walked them up to the massage room, and/or paid EFTA_00022727 EFTA02731206 Page 8 them after the massage was complete. also occasionally (though not routinely) did the same for masse es atth New York Resi ence. conversations, some victims recall having parents or not having a driver's license, as well as one in nn ua studying for the SAT exam.4 However, none of the many dozens o described telling in school, etc.' victims we Regarding the relevant ut topics such as living with whom knew was ave interviewed how old they were, or discussing their age in reference to a birthday, year The evidence of knowledge that Epstein was sexually abusing these girls through the • e of "massages" rests principally on the testimony of three victims, each of whom recalls having seen them en a e in sexual conduct or in a state of undress in connection with Epstem. As discussed below, recounts that was present when Epstein touched her sexually in the context of a massage: reca is that walked in on while was alone nude orpartially nu emt e massage room a er a massage: and describes having walked in on her performing oral sex on Epstein in ia m at w York Rest ence, unrelated to a massage. she does not deny these victim accounts, and she acknowledges t at E stem ultimately directed her to engage in sex acts and nude photo shoots with others. described that although Epstein touched her sexually when they were alone, eventua y ere was an incident in which Maxwell was present, and Maxwell touched and instructed her how to touch Epstein while he masturbated. also described two . 4 IF does not recall discussin the SATs with M recalls. asking. to research SA prep classes for and acknowledged in a proffer t ts erecalle Epstein asking her about SAT prep. but says s e not know at what age a person would take the SAT because she did not attend high school after her parents pulled her out in 10th grade. We note that NW ecalls believing. was at least 18 while involved with Epstein, including because an I.D. that she used to get into 18-and-older venues. dill iot know the ages of the individuals she scheduled for massages and did not realize anv were the other primary Florida-based assistant and scheduler, would testify that at the time she under the age of 18. sexua contact wt that s to t not rea ize at i e victims were underage. Both and believe they should have known that some of the girls were minors, given a un erage victims. states now say they e circumstances. EFTA_00022728 EFTA02731207 Page 9 other incidents, on Epstein's island and at the New York Residence, respectively, in which Epstein directed her to engage in sexual activity with other individuals, neither of whom was one of the girls she scheduled for massages. Both of them were young women—but not minors, believed and we have confirmed, based on their identities—and of Epstein's regular girlfriends at the time. Re ardin the inci described in a publicly-filed co laint. mil ia not specifically recall that event, does notdispute t it c ppe said that as a general matter if Epstem d instructed her to be present during a massage, that she would have acquiesced, as she did in the other instances in which Epstein instructed her to be present for, or to participate in. sexual conduct with others. understood them to two ent mvol • which was w le she does ou ve ned.6 also recounts being desperate for Epstein's approval, particularly because she viewed him as essentially God-like and because he effectively dominated her existence— financially but also mentally and emotionally. She acknowledges that she blindly followed his instructions and gave little thought to anything else—including how old the girls were or what ira n was having them do. Regarding their ages in particular, was taught from a young age that sexual activity between an o er man and a younger gir was common and normal, and that she therefore would not have been as attuned to whether a girl who a • I to be willingly meeting with Epstein was underage as she otherwise might have been. also describes having been emotionally shut down due to her own abuse, effectively being mcapa • le of considering what others might be experiencing with Epstein, particularly where she observed that the girls who provided massages did not leave crying or upset, and appeared to be willing participants—including regularly returning for additional massage appointments. 2. Concealment and obstructive conduct particular in relating to victim-witnesses. recalls that after the on investigation became public, she called Epstein's house an picked up the phone. 7 EFTA_ 00022729 EFTA02731208 Page 10 When MA asked what was happening, said, in sum and substance, that shouldn't worry an at if she didn't say anything ens e would be taken care of. un tood this to mean that Epstein would help her if she did not speak to law enforcement. materials, including computers and paper directories with the names. phone numbers of We also gathered evidence regarding incidents involving collecting certain "masseuses," around the time of the Florida investigation, prior to the search warrant executed on the Florida Residence. Specifically, recalled that Epstein instructed. to remove computers and pa r directories from the orida Residence, and that was present for those instructions. also recalled that subsequently gave s ar instructions to ather materials from stein's USVI resi ence, and to shred a co stein's directo e on y ung mg i estroy was an extra copy o Epstem's tones. counsel advises at believed that any hard copies were superfluous to electronic copies Epstein maintained, and we ye confirmed that numerous co • ies of the directo were in fact maintained on his con uters. 'met to spose o certain sex toys an p otograp m t e New Yo rest ence, ut because that mci • ent occurred after Epstein's conviction, around when he was incarcerated in Florida. there would have been no active investigation at that time. Separately, and more recently, within a few days of the ublication of the Miami Herald article series in 2018, Epstein made a one-time payment to of $250,000. described the payment as having been made due to financial woes e d been having for a period of months, and that the payment had been discussed for some time and was not part of an exchange. By comparison, s ar y receive • a arge sum at t e same time, 100,000, an • s e has advise • us t the payment was related to Epstein's acknowledgement that critical press a ut im had negative effects on others—specifically, the ability to obtain employment and reputational damage for being associated with him. understood the payment to be as compensation for those effects, rather than for any particular ture action or inaction. Although there are many victims who interacted with in connection with their victimization by Epstein, in particular through speaking with her on t e phone and/or seeing her at the Florida Residence, the vast majority of those victims do not have significant evidence of knowled • e of a • e and/or sex acts. EFTA_00022730 EFTA02731209 Page 11 J J I I EFTA_00022731 EFTA02731210 Page 12 • I. met with us several times, and informed us that she visited the Florida Residence dozens of times, includin recruiting approximately 20 to 30 other women and girls ranging from 15 to 20 years of age. primaril coordinated the a u. • laments for herself and others through though also throu recalled that would occasionally call from New York and ask if could "work" w en Epstein return • to Florida.. also recalled occasionally taking to the massage room and/or paying her following completion o t e massage. told Epstein that she was 18 years old, though believes it would have been obvious bas on her appearance that she was younger—a ximately 15 years old when she out of school around time she first met and she does not recall ever seeing, or first met does not recall any conversations with about her a e. dropped participating in, any sex acts with Epstein. advised us that when she was 16 and 17 years old, she began working at a strip club, w ere she pretended to be 18. When the Florida investigations becamsiblic, after had stopped visiting Epstein, recalls having a phone conversation with= in which stated, in sum and substance, that- would be taken care of if she didn't say anything. • met with us twice, and described having been recruited by a high school friend. went to the Florida Residence several times and brought two additional friends for massages. primaril coordinated the appointments for herself and others through and she reca led that would sometimes call from New York to schedule massages in Florida in advance. recalled occasionally taking her to the massage room. recalls having told t t she was in gh school and could not provide massages at certain times due to schoo conflicts. does not recall any conversations with specifically about her age, and does not recall ever seeing, or participating in, any sex acts with Epstein. wing massages at instance of forcible ra During part of that riod, lived in an apartment at Epstein's 66th Street prope recalled that occasionally would schedule her massages with Epstein. and that sent money via Western Union on at least one occasion while was nave mg in Europe. also recalled an incident when walked in on performing oral sex on E stem at the New York Residencetot y inadvertently; sometime after that incident, recalled that Epstein referred to as his "best little cocksucker" and "one of my go s" to met with us twice, and described having been introduced to Epstein in New at age 16. Over approximately two years. Epstein victimized e New York Residence. including instances of oral sex and an met with us three times, and described having met Epstein through , who a so worked for him as a "masseuse." primarily interacted with Epstein ou traveling with him, including to New Mexico, on , New York, the USVI, and Paris. In particular. recalls that when she was 17, she traveled to New Mexico. where Epstein asked EFTA_00022732 EFTA02731211 Page 13 her to give him a masse e while was present. to remove top. an t he fondled presence. In an initial interview. abut she later stated that.. ha does not recall any conversations with an 20th birthda s. which she celebrated with E recalls that Epstein initially asked and then touched genitals in cated that had "participated" in the esent but that o y E stein had touched her. about her age until subsequent 19th stem and for which resent. in escn avmg en recruit y a sc oo i en . Over approximate y two years. visited the Florida Residence dozens of times, and her abuse escalated to include instances o oral sex and rape. as well as sexual interactions with others, including at Epstein's direction. does not recall any conversations with specifically about her age, but she does generally recall aking with Epstein about taking Ute SAT and applying to college. rase. where she lived. also recalled that sometimes organized drivers to pick up II from her mother's Epstein recalled having been paid primari l but also sometimes by an a former Epstein housekeeper. does not recall any s ific y) , conversations she had with about sexual activity with Epstein, but she recalled that sometimes walked her to the massage room, and that on one occasion walked in on nude or partially nude in the massage room following a massage. escribed ving been recruited y a friend at approximately age 13 or 14 to give massages to Epstein at the Florida residence. Over approximately two years. visited dozens of times, and recruited dozen., and as many as 100—other girls. She became pregnant at a e 15, after which Epstein no longer wanted to see her, but she continued to act as a id recruiter. i ica, primarily coordinated the appointments for herself and others through and she re ca occasionally taking her to the massage room and/or paying her a erward. also reca t sometimes droved to the Florida Residence. also con, gifts from Epstein to including a bid baby shower gifts when was pregnant at age 15. believe t at knew she was in high school, but s e oes not recall any specific conversations with a out her age or that she was in high school does not recall ever seeing. or participating in. any sex acts with Epstein. EFTA_00022733 EFTA02731212 Page 14 IV. Potential Charge and Legal Analysis Sex trafficking conspiracy, 18 U.S.C. § 371 (to commit sex trafficking. 18 U.S.C. § 1591). The crime of sex trafficking conspiracy has three elements: First, that two or more persons unlawfully agreed to violate § 1591; second, that the defendant knowingly and willfully became a member of the conspiracy; and third, that the defendant committed an act in furtherance of the conspiracy." " The substantive crime of sex trafficking requires proof that the defendant knowingly recruited, enticed, harbored, transported, provided, or obtained by any means a person; in or effecting interstate commerce; knowing that the victim is under the age of 18 and would be involved in a commercial sex act. EFTA_00022734 EFTA02731213 Page 15 s. EFTA 00022735 EFTA02731214 Page 16 V. Interests of Justice and Analysis Precedent and balancing of equities EFTA 00022736 EFTA02731215 Page 17 ■ EFTA_00022737 EFTA02731216 Page 18 at the time, or at east consciously avoided owing. that the massages were sexual in nature an EFTA 00022738 EFTA02731217 Page 19 substantially overlaps with in terms of role and conduct: she was hired at a e EFTA_00022739 EFTA02731218 Page 20 Views of victim-witnesses EFTA_00022740 EFTA02731219 Page 21 Views of the SDNY human trafficking coordinators EFTA 00022741 EFTA02731220 Page 22 Efficiencies in process and antrome VI. Other Relevant Offenses and Recommendation EFTA 00022742 EFTA02731221 Page 23 I I I I EFTA_00022743 EFTA02731222 Page 24 I I I EFTA_00022744 EFTA02731223 Page 25 I I —i * * * ■ EFTA_00022745 EFTA02731224 Page 26 By: EFTA_00022746 EFTA02731225