EFTA00176235

r e (.1 u... EFTA00176235 LAW OFFICES OF GEKALD B. LErcouRT, P.G. A PROFESSIONAL CORPORATION 148 EAST 78". STREET NEW YORK, NEW YORK 10021 GERALD B. LEFCOURT letcourtelelcourtlawcom SHERYL E. REICH roChelekowIlawcOm RENATO C. STABILE FAITH February 1, 2007 BY HAND M Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Jeffrey Epstein Dear Ms. and Mr. ONE FACSIMILE The following outlines the talking points we intend to cover in today's meeting. The events at issue occurred in 2004 and 2005. The matter was investigated during the course of nearly a year beginning in March 2005 by the Palm Beach County Police Department (PBPD). As will be discussed in detail below, it appears that a PBPD detective formed a view early on as to the criminality of the conduct of Jeffrey Epstein (Epstein). That view tainted both the determination of what to include in the Police Report' and led the PBPD to ignore evidence that did not support the initial conclusion of the investigating officers, including ignoring material evidence supplied to the State Attorney by defense counsel. We understand that the PBPD has sought your intervention in this matter; we also believe that the misleading and inaccurate reports of the PBPD may well have affected how you view the A copy of the unredacted Police Report, to which we make reference throughout the letter, is provided at Tab I. Note, pages 81 - 87 are taken from the redacted Police Report because we do not have an unredacted copy of these pages. Other documents cited herein, all of which were provided to you previously, are annexed in successive Tabs. EFTA00176236 LAW OFF ICES OF GERALD B. Inrcourrr, P.C. Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 2 matter and whether you believe it warrants federal intervention. We respectfully submit that there is no basis for the exercise of federal jurisdiction here. The conduct at issue is entirely local and subject to State prosecution under the State's standards and policies. And indeed, as you know, Epstein has been indicted for felony charges relating to this matter. That indictment is still pending. Moreover, key elements that are necessary to support the invocation of federal jurisdiction in this area are wholly lacking. As we detail below, the evidence will not support a determination that Epstein knew or believed that any of the women was under the age of 18. Indeed, the witness_state=ts1 demonstrate that the opposite is true. As herself told the PBPD: ] told me to say I was 18 because said ... if you're not then he [Epstein] won't really let you in his house. So I said I was 18". Nor is there any evidence whatever that any of the women traveled in interstate commerce for the purpose of engaging in prohibited sexual activity or that Epstein ever traveled in interstate commerce for the purpose of engaging in prohibited sexual activity — the clear predicates for any federal violation. Neither is there any reason to breach the Petite Policy in favor of the discretionary exercise of federal jurisdiction: there has been a full investigation that has resulted in a prosecution by State authorities on charges deemed appropriate and that the facts will support. And, even if a case could be made, and the exercise of federal jurisdiction were warranted, the extraordinary forensic barriers to a successful prosecution, including the need to use witnesses who themselves have provided sworn statements that contradict key elements of any prosecution, compel that no case be brought. In fact, we believe the State's choice in which charges to pursue was informed by the significant credibility problems of the potential witnesses. I. The Facts Will Not Support a Charge Under Federal Statutes Governing Sexual Conduct Although to date the federal statutes Epstein may have violated have not been identified, nevertheless, there are certain key elements common to the statutes governing sexual conduct that we believe present insurmountable hurdles to any federal prosecution. We are, of course, prepared to provide further explication of why particular statutes are inapplicable to the conduct alleged here once the statutes you believe may apply have been specified. 2 We are prepared to provide copies of all recordings if requested them. EFTA00176237 LAW *MCC. CC GERALD B. Moonier, P.C. M Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 3 1. Epstein Did Not Know or Believe Any Women Were Under 18 Years of Atte. Each of the potential statutes requires that the government prove that Epstein knew or believed a particular woman was under 18 (or in some instances, under 16), at the time of the events at issue. Epstein did not. There is substantial evidence, found in the sworn statements of the women themselves, that to the extent any were in fact under the age of 18, each affirmatively lied about her age because she knew that Epstein would not "let [her] into his house" if she were under 18. Evidence also supports that Epstein took affirmative steps to ensure that every woman was at least 18 years of age. In fact, many were indisputably over the age of 18.3 • • • Q: At any time, did he speak to you and does he know how old you are? Did he know how old you were? A: .. .As a mater of fact, ] told me to say I was 18 because said tell him you're 18 because if you're not, then he won't really let you in his house. So I said I was 18. As I was giving him a massage, he's like, how old are you? And then I was like 18. But I kind of said it really fast because I didn't want to make it sound like I was lying or anything. (Statement of 3/15/05). Q: Did he ask you your age? A: Yeah, I told him I was 18. (Sworn Statement of 10/05/05). Q: Did he know your age? A: I don't think — I think he did. Downstairs was like oh, well if they ask you how old are you just say you're 18 but iittion to the women referenced herein the evidence reflects that witnesses and were all over the age of 18 at the time each visited Epstein's home. EFTA00176238 LAW OFFICES OF GIIRALD B. lanrcourrr, P.C. Esq., Assistant United States Attorney lE Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 4 he never asked me how old I was. I thought you had to be 18 to give a massage (inaudible). (Sworn Statement of 12/13/05) A: We were supposed to say we were 18. Q: Who told you that, to say that? A: (Sworn Statement of 11/8/05). • He likes the girls who are between the ages of 18 and 20. (Sworn Statement of 10/3/05). • concerning • Well with I I don't know how old she is because she lied about her age. She lied to me when I first met her. When I was 18 she told me she was 18. (Inaudible.) Well she left her purse at my house and she told me to make sure that I didn't look in her purse. When I went through her purse I found her state license that said she was 16 so she lied to me about her age. (Statement of 10/03/05).4 Q: Now, how old were you when you first started going there? A: Eighteen. I'm 19 now this last March." (Sworn Statement of 10/12/05). i ition to giving a sworn statement at the PBPD Station, conversations with Detective while biliiisported to and from the station were also recorded. This excerpt is taken from the recording of traveling from the station. EFTA00176239 LAW OffICCS a GERALD B. LErcouirr, P.C. Esq., Assistant United States Attorney lEEsq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 5 C C • • Q: And all this occurred when you were 18 though? A: Uh-huh. I had been 18 for like 8 months, nine months already. My birthday is in June so I had been 18 for a while. (Sworn Statement of 2/3/05). Q: Okay. How old are you now? You're — A: I'm 20 Q: You're 20. So a couple months ago you would have been what, 19? A: Uh-huh. Q: Alright. So July, August you would have been 19, 20 On the verge of 20? A: Uh-huh. (Sworn Statement of 11/4/05). • Alfredo Rodriquez: Q: Okay. Did they appear young to you? A: Yes. They were young. You know, that I never seen anybody older than 28 or something like that. Q: Anybody younger than 18? A: It's hard to say that, sit You know there were a lot of girls that were very, very young, but you know for me to say they were minors, you know, you know, I never see their driver's license.5 (Sworn Statement of 1/4/06). 5 • comments about the age of the women in context, referring to Epstein's girlfriend, . ue she was "very, very young". Sworn Statement of 1/4/06. Since is she was in fact twenty at the relevant time. EFTA00176240 LAW OFFICES OF GERALD B. LEFOCCURT, P.C. Esq., Assistant United States Attorney lEEsq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 6 Even as to those women with respect to whom there is no explicit evidence of their being at least 18 at the time or having made affirmative misrepresentations of being so, each was introduced to Epstein through either or others,6 who instructed the women to say they were 18 even if they were not. Thus, proof of this critical element would be lacking. 2. No Travel Was For the Purpose of Engaging in Prohibited Sexual Activity. Federal law criminalizes travel for the purpose of knowingly engaging in unlawful sexual activity with minors. United States' Hayward, 359 F.3d 631, 638 (3d Cir. 2004); United States I 7jikarsky, 446 F.3d 458, 471 (3d Cir. 2006). This is the highest level of culpability in the four tier hierarchy of culpability that the Model Penal Code uses. "The different levels in this hierarchy are commonly identified, in descending order of culpability, as purpose, knowledge, recklessness, and negligence. .. [A] person who causes a particular result is said to act purposefully if 'he consciously desires that result, whatever the likelihood of that result happening from his conduct." United Stalest Bailey, 444 U.S. 394, 404 (1980), quoting United States' United States Gypsum Co., 438 U.S. 422, 445 (1978).7 The Supreme Court has repeatedly interpreted this language to require that the illegal activity be the dominant motive for the travel. See, e.g., Mortensen' United States, 322 U.S. 369, 373 (1944) (". ..an intention that the women or girls shall engage in the conduct outlawed by Section 2 must be found to exist before the conclusion of the interstate journey and must be the dominant motive of such interstate movement") (emphasis supplied); Hawkins' United States, 358 U.S. 74, 79 (1958) ("[T]he only factual issue in the case was whether petitioners dominant purpose in making the trip was to facilitate her practice of prostitution.. .); Cleveland I United States, 329 U.S. 14, 20 (1946) ("There was evidence ... that the unlawful purpose was the dominant motive."). There is no basis for concluding that Epstein's paramount or dominant purpose in going to Palm Beach on any occasion was to engage in proscribed sexual activity, even if we assume that some such conduct occurred while he was there. Epstein's interstate travel was motivated 6 As said, "Like I said, some bring friends who bring friends". Statement of 10/3/03. 7 Indeed, a 2003 change in the law, redefining the mens rea necessary for a violation of 18 U.S.C. § 2423 with respect to international travel, left untouched the standard for domestig travel, and thus underscores the strict standard needed for a prosecution in this area. See United Stalest Clark, 435 F.3d 1100, 1104- 05 (9th Cir. 2006). EFTA00176241 LAW OFFICES OF GERALD B. LEFDOURT, P.C. Esq., Assistant United States Attorney Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 7 by his need to be outside of New York for tax reasons. That was the principal purpose of his travel: to be certain not to be present in New York in excess of half of each year. That he chose Florida as his destination was a function of his decision made long ago to maintain a home there, which also was not motivated by any desire to or intention to engage in prohibited sexual activity. Epstein has maintained a connection to Florida for nearly 30 years, the last seventeen as a homeowner. Prior to that Epstein rented homes in the area. Epstein's parents also lived there for years and, before his mother's death in 2004, especially during the four years of illness that led to her death (his father died earlier), Epstein frequently traveled to see her. Since their deaths, he has traveled to Florida specifically to visit their graves. Epstein's brother, too, maintains a home in Palm Beach County. Indeed, Epstein has been traveling there regularly, integrating into the Palm Beach community. He was a member of The Breakers Club from 1993 to 2006. He maintains bank accounts in Florida, including accounts at the First Bank of the Palm Beaches, in which bank he had an ownership interest, as well. He holds a concealed weapons permit from the State of Florida; maintains the corporate records of his two airplanes in Florida, which airplanes receive virtually all of their scheduled maintenance work in Florida; has titled and registered twelve automobiles in Florida, as well as his boat; the majority of all demonstrations and inspections of new aircraft and boats have been done in Florida; until recently has maintained a driver's license in Florida; and he employs pilots who reside in Florida. So ensconced in Florida is he that his regular physician is based in Florida and most medical procedures he has had performed over the years have been done in Florida. Foundations he controls have donated generously and regularly to Ballet Florida during the period from 2000 to 2007. Epstein also uses his home in Florida for meeting regularly with important business contacts, many of whom either live or maintain residences in the Palm Beach area. Beginning in 2003 and continuing through most of 2004, Epstein also traveled frequently to Florida to negotiate the purchase of the Abraham Gosman Estate, which was finally sold at auction in November 2004. Although, Epstein was ultimately outbid, nearly a dozen trips to Florida were made in direct pursuit of his offer. In furtherance of these activities — being out of New York for in excess of half of each year, visiting his mother and brother, meeting with business associates, and negotiating the purchase of the Gosman Estate — Epstein made 65 separate trips to Florida in 2004 and 20058. $ There trips are reflected on the flight records previously provided to you. We are not reproducing them here because of their bulk. If you would like an additional copy we will provide it. EFTA00176242 LAW OFFICES OF GERALD B. LErcouirr, P.C. Esq., Assistant United States Attorney MEsq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 8 Having massages were entirely incidental to the purpose of his travel to Florida. And given the other purposes of his travel to Florida, the act of going there cannot itself give rise to any inference of an improper purpose. Indeed, it can be demonstrated that Epstein typically spent between one third and one half his time at his home in Florida. Likewise, there is no evidence that any of the women traveled in interstate commerce for the purpose of engaging in the conduct alleged. Though the Police Report suggests that one of the witnesses, Alfredo Rodriquez, claimed that one or more of the women in question traveled on Epstein's plane, a careful reading of the interview itself shows that the detective confused Epstein's assistants, his girlfriend, and her friends, all of whom are indisputably over the age of 18, with the women at issue here. More to the point, even if Rodriquez did so claim, the flight records and the statements of the pilots show conclusively that none of these women ever traveled in interstate commerce on any of Epstein's planes to engage in any of the conduct alleged. 3. There Was No Intent To Eneage in the Conduct at the Time of the Travel. Even assuming arguendo that any travel occurred for the purpose of getting massages from women, there is no evidence that at the time he was traveling to Florida Epstein had planned to engage in the conduct with a person he knew or believed was under 18. Thus, even if, once in Florida, Epstein purposefully engaged in a proscribed act (which is denied), that purpose arose long after his travel to Florida was complete, while a particular massage with a particular masseuse was in progress. It is for these reasons that no prosecution would lie for the conduct alleged to have occurred with . According to the Police Report (at 13-15) a woman evidently in fact under 16 at the time of the events, met with Epstein on only one occasion. The evidence is that at the time he traveled to Florida, E stein ltad no knowledge that he would see anyone at all, let alone knowledge that he would see , or any person whom he knew or believed was under 16. Thus, whatever the evidence shows occurred during the time was in Epstein's home, any case would be fatally flawed because there is no evidence Epstein traveled in interstate commerce with any intention of meeting Similarly, there is no evidence that at the time he was traveling to Florida on any particular occasion he intended to engage in prohibited activity with any other person whom he knew or believed was under 18. EFTA00176243 LAW orriccs OF GERALD B. LErcourer, P.C. Mr , Esq., Assistant United States Attorney sq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 9 II. Statements in the Police Report that Have No Factual Basis or Are Contradicted by the Record We have reviewed recordings of many of the interviews (conducted in person or by telephone) and controlled calls cited in the Police Report. We have compared them to the statements purporting to summarize them in the Police Report and Probable Cause Affidavit.9 In instance after instance, we find material statements in the Police Report attributed to these sworn recorded statements that either simply were not said, or in some instances, are flatly contradicted, by the witness who purportedly made the statement. We highlight the most significant ones identified to date: 1. (Sworn Statement of 3/15/05) • Police Report at 15: stated seemed upset or jealous when she told hat she received three hundred dollars". PBPD Transcript at 26-27:19 like, let me see what he gave you. And then I showed her my $300 and she's like, we're going to Marshalls". 2. (Sworn Statement of 10/04/05) • Police Report at 30: "Sometime during the massage Epstein grabbed her buttocks and pulled her close to him." Sworn Statement: "Q: Did he touch you in any way? A: He was like kind of like leaning towards me but I was like you could tell I was shy so I think that's why he didn't. Q: He did not touch you inappropriately? A: No". 3. (Telephone Interview of 10/04/05) • Police Report at 34: "As was wearing tight jeans and had a tight belt on Jeff was unable to touch her buttocks". There is no mention in her 9 There were three Probable Cause Affidavits prepared and executed by Detective on the same date. The affidavits are in all material respects identical and we here refer to the one concerning Epstein. It is annexed at Tab 2. Because the Probable Cause Affidavit merely parrots the Police Report, for simplicity we refer solely to the Police Report. 10 We have not reviewed a recording of the bulk of the interview. Instead we are relying on a transcript with which we were provided. EFTA00176244 LAW OFFICES OF GERALD B. Lurcounz P.C. M Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 10 statement of what she was wearing or Epstein's inability to touch her because of it. • Police Report at 34: "Siciliano stated she is aware that her friend, was also at the house and had a problem with Jeff." There is no mention in her statement of being at Epstein's house or having a problem with Epstein. 4. (Sworn Statement of 11/14/05) • Police Report at 52: also stated she was sixteen years old when she first went to Epstein's house". Sworn Statement: "Q: Okay. How old were you when you first went there? A: Seventeen. Q: Seventeen. A: And I was 17 the last time I went there too. I turned 18 this past June". 5. (Sworn Statement of 11/8/05) • Police Report: "On occasion, Epstein would use a massage/vibrator, which she described as white in color with a large head, on her." Sworn Statement: "Did he ever, did he ever take out any toys? A: No". 6. (Sworn Statement of 2/3/06) • Police Report at 80: "I asked her if she provided the massage naked. said she did." Sworn Statement: "Well, I was not - I wasn't naked. Like I was in boy shorts and like topless and boy shorts". 7. Juan Alessi (Sworn Statement of 11/21/05) • Police Report at 57: "Alessi stated that towards the end of his employment, the masseuses were younger and younger". Sworn Statement at 911: "Did they seem young to you? A. No, sir. Mostly no. We saw one or two young ones in the last year. Before that, it was all adults ... I remember one girl was young. We never asked how old she was. It was not in my job ... But I imagine she was 16, 17". • Police Report at 57: "[The bed would almost always have to be made after the massage". Sworn Statement at 11-12: "... At the end, it was a few times that the bed was undone. You know, we make the beds three or four times a II We have not reviewed a recording of the Alessi interview. However, we were provided with a certified transcript of it. EFTA00176245 LAW *FMCS or GERALD B. LEPCOT_TRT, P.C. Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 11 day. And sometimes we went to clean up the massage to put it back, the massage table, to pick up the towels, but the bed was undone again. So either he took a nap or he went for a nap, I don't know. Q Or something else occurred? A. Or something else. I cannot [say]". " 8. (Sworn Statement of 10/11/05) 13 • Probable Cause Affidavit at 11: ] advised that during her frequent visits Epstein asked for her real age, stated she was 16. Epstein advised her not to tell anyone her real age". There is no such statement in her recording. • Police Report at 40: IN recounted how Epstein was "naked in the bedroom, she entered and removed her clothing .. . [Epstein's girlfriend] entered the room from the steam room area already naked." These events are not described in statement. • Probable Cause Affidavit at 12 I.] stated Epstein would photograph and her naked and having sex and proudly display the photographs within the home". Sworn Statement: "... it was me standing in front of a big white marble bathtub . . . it wasn't like, I was, you know, spreading my legs or anything for the camera. I was like, I was standing up. I think I was standing up and I just like, it was me kind of like looking over my shoulder kinda smiling, and that was that". • Police Report at 40: I. stated that on one occasion she] continued rubbing his legs, thigh, and feet. . . . [and then Epstein] turned over onto his back. She continued to rub his legs with the oils. Epstein touched her breasts and began to masturbate". These events appear to be synthesized from account of two separate incidents. However, concerning neither did make mention of rubbing Epstein's legs, thighs, and feet or of Epstein turning over onto his back. 12 This statement is also directly contradicted by other witnesses, who never made any accusation that any activity ever occurred on the bed. 13 IN was interviewed by Detective twice, once by telephone, and once erson. The portions of the Police Report to which we refer specifically cite the in-person interview ofM as the source for the information reported. We have reviewed the recording of that interview and base the comparison on that. We have never heard a recording of the telephone interview. EFTA00176246 LAW orriCCS OF GERALD B. Incourer, P.C. M Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 12 • Police Report at 40: "Epstein had purchased I I from her family in Yugoslavia ... [and] bragged he brought her to the United States to be his Y lavian sex slave". No such statement is made by M, who refers to as Epstein's "girlfriend" and refers offhandedly to other women in the home as "slaves". III. Material Omissions from the Police Report In addition to the misstatements in the Police Report and Probable Cause Affidavit as to the evidentiary record, there were also material °Missions, both of facts known to the PBPD and also of facts not known by the PBPD though known by the State's Attorney. In the latter instance, the lack of knowledge was the result of the PBPD's refusal to receive the evidence. Thus, anyone relying on the Police Report or Probable Cause Affidavit would have a skewed view of the facts material to this matter. Examples follow. 1. The Video Surveillance Equipment Located in Epstein 'c Office and Garage. Both the Police Report (at 43) and the Probable Cause Affidavit (at 18) make particular mention of the "discovery" of video surveillance equipment (or "covert cameras" as they are called) in Epstein's garage and library/office. Inclusion of this information insinuates a link between the equipment and the events at issue: the Probable Cause Affidavit notes (at 18) that "on the first floor of the [Epstein] residence I [Detective I found two covert cameras hidden within clocks. One was located in the garage and the other located in the library area on a shelf behind Epstein's desk ... The computer's hard drive was reviewed which showed several images of and other witnesses that have been interviewed. All of these images appeared to come from the camera positioned behind Epstein's desk". Clearly omitted from both the Police Report and the Probable Cause Affidavit is the fact that the PBPD, and specifically Detective M, knew about the cameras since the cameras were installed in 2003, with the help of the PBPD, to address the theft of cash from Epstein's home. This fact is detailed in a Palm Beach Police Report prepared in October 2003 detailing the thefts, the installation of video equipment, the video recording capturing Alessi (then Epstein's house manager) "red handed", and the incriminating statements made by Alessi when he was confronted at the time. See Alessi Police Report (annexed at Tab 3) at 5, 8. The contemporaneous lice report confirms the fact that the video footage was turned over to Detective himself. EFTA00176247 LAW OFFICES OF GRRALD B. LEFGOURT, Mf Esq., Assistant United States Attorney g., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 13 2. Polygraph Examination and On May 2, 2006, Epstein submitted to a polygraph examination by Slattery, a highly respected polygraph examiner who is regularly used by the State Attorney. The examination was done at a time when we were told that the sole focus of the investigation was the conduct with A copy of the Report is annexed at Tab 4. Epstein was asked (a) whether he had "sexual contact with '; (b) whether he "in anyway threaten[ed] "; (c) whether he was tolc. "that she was 18 years old"; and (d) whether he "believed was 18 years old". As set forth in the Report of the examination, the term "sexual contact" was given an extremely broad meaning in order to capture any inappropriate conduct that could have occurred.14 The results of the examination confirmed that (i) no such conduct occurred; (ii) Epstein never threatened (iii) told Epstein she was 18 years old; and (iv) Epstein believed was 18 years old. Though the results of the examination were given to the PBPD and a meeting scheduled for the PBPD to meet with the polygraph examiner to satisfy itself as to the bona fides of the exam, representatives of the PBPD refused to attend the meeting and no information concerning the fact of the exam or the results appeared in the Police Report or the Probable Cause Affidavit. 3. Broken "Sex Toys" in Epstein Trash. The Police Report details the police finding in Epstein's trash what is described as broken pieces of a "sex toy" and that this "discovery" purportedly corroborated witness statements. Omitted from both the Police Report and the Probable Cause Affidavit is the fact that during the course of executing the search warrant in Epstein's home, the police discovered the other piece of that key "sex toy" and realized it was in fact only the broken handle of a salad server. Though "sex toys" play a prominent role in the Police Report and Probable Cause Affidavit, the Police Report was never amended to reflect the discovery of this new and highly relevant evidence. 4. Meetings with the State Attorney's Office. On multiple occasions, attorneys representing Epstein met with prosecutors and investigators in the State Attorney's Office. Though there is vague reference to one or more meetings with counsel (see, 14 The definition included: "sexual intercourse, oral sex acts (penis in mouth or mouth on vagina), finger penetration of the vagina, finger penetration of the anus, touching of the vagina for sexual gratification purposes, touching of the penis for sexual gratification purposes, masturbation by or to another, touching or rubbing of the breasts, or any other physical contact involving sexual thoughts and/or desires with another person". EFTA00176248 LAW OFFICES OF GERALD B. lampooner, P.G. Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 14 e.g., Police Report at 64, 87), virtually no information provided or evidence turned over to them regarding the alleged witnesses is included in the Police Report or Probable Cause Affidavit. Instead, there are misleading or false references to such me.i s. For example, the briefest reference is made to a conversation Detective had on June 1, 2006, with regarding a meeting earlier that day between representatives of the State Attorney's Office and defense attorney Jack Goldberger (Police Report at 87). Omitted are the facts of the meeting (Police Report at 87): In addition to the presence of other defense counsel, there was in attendance both Slattery, who administered the polygraph examination, and a psychiatrist who had performed a rigorous psycho-sexual evaluation of Epstein and who concluded that Epstein not unhealthy and posed no danger. Both experts were made available for questioning by the State Attorney and the PBPD; unfortunately, the PBPD refused to attend the meeting. Nor is there any mention of the presentation made by defense counsel in which the claims being made with respect to (then the sole focus of any potential prosecution) were rebutted. 5. Failure to Consider Exculpatory or Impeaching Evidence. Other exculpatory and impeaching evidence known by the PBPD was omitted from the Police Report and Probable Cause Affidavit by, in our view, manipulating the date the ah lation was allegedly closed. According to the Police Report (at 85), Detective "explained [to I that the PBPD had concluded its case in December of 2005". That assertion, which is false, conveniently resulted in the omission of all information adduced subsequent to that date. Thus, though the Police Report in fact contains information obtained after December 2005, the PBPD purported to justify its refusal to consider, or even to include, in the Police Report, the Probable Cause Affidavit or what it released to the public, all the exculpatory and impeaching evidence presented on behalf of Epstein, most of which was provided after December 2005. That evidence is listed below. 6. Unreported Criminal Histories and Mental Health Problems of the Witnesses Relied on in the Police Report and Probable Cause Affidavit. Evidence obtained concerning the witnesses relied upon to support the Probable Cause Affidavit casts significant doubt on whether these witnesses are sufficiently credible to support a finding of probable cause, let alone to sustain what would be the prosecution's burden EFTA00176249 LAW OFFICES OF Gxmax.ri B. DIEVOTTRT, P.G. Esq., Assistant United States Attorney 1.11.sq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1) 2007 Page 15 of proof at a trial." Though such evidence was submitted to the PBPD, none of it was included in the Police Report or the Probable Cause Affidavit. a. Juan Alessi: While the Police Report (at 57) and the Probable Cause Affidavit (at 21) contain assertions by Alessi which allegedly support the bringing of a criminal charge, omitted is the evidence revealing Alessi's evident mental instability; prior criminal conduct against Epstein; and bias towards Epstein. • Juan Alessi Admitted Burglarizing Epstein's Home and Mental Health Issues. As detailed above (at 12-13), in 2003, Alessi was filmed taking money from Epstein's home. After being caught on videotape unlawfully entering Epstein's home and stealing cash from a briefcase, Alessi admitted to the PBPD that he entered the house unlawfully on numerous occasions, stealing cash and attempting to steal Epstein's licensed hand ur Sommit suicide. Though this information was known by Detective at the time the Police Report and Probable Cause Affidavit were prepared, and is clearly material to any determination of credibility, it was omitted. b. was the source of the vast majority of the serious allegations made a ainst Epstein. While the Police Report and Probable Cause Affidavit rely on numerous assertions, there are two significant problems w' that reliance. First there is no mention of material admissions made by MI during her interview, as well as on her MySpace webpage (discovered by defense investigators and turned over to the State Attorney). A copy of the webpage is annexed at Tab 5. Second, all but omitted from the Police Report is any reference to the facts known about her by the PBPD, specifically, that at the time was making these assertions she had been arrested by the PBPD and was being prosecuted for possession of marijuana and drug paraphernalia. A copy of the Police Report documenting arrest is 1S While we have never intended to and do not here seek gratuitously to cast aspersions on any of the witnesses, in previously asking the State and now asking you to evaluate the strength of any case that might be brought, we have been constrained to point out the fact that the alleged victims chose to present e world throw MvSoace orofiles with self-select monikers such as "Pimp Juice" Tab 5) and ' Tab 13) or with nude photos I Tab 9). EFTA00176250 LAW OVIICCS OI GMHALD B. Istrcotan, P.C. ... Esq., Assistant United States Attorney sq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February I, 2007 Page 16 annexed at Tab 6. We take each in turn. • Admits Voluntary Sexual Conduct With Epstein, Refuses to Disclose the Disposition of the Monies She Earned and Lies About Being "Given" a Csit y Epstein: Detective failed to include in the Police Report admission that on one occasion she engaged in sexual conduct stein's girlfriend as her birthday "gift" to Epstein. Nor does Detective include the fact that ■ flatly refused to discuss with him the disposition of the thousands of dollars she said she was given by Epstein, or that she falsely claimed not to use drugs, despite her MySpace entries that scream "I can't wait to buy some weed!!!! Detective was aware the car had been rented, not purchased, and only month to month for two months. While fanciful claim that she was given a car appears in the Police Report, it is never corrected. • Was Arrested for Possession of Marijuana and Drug Paraphernalia. As noted, on September 11, 2005, was arrested for possession of marijuana and drug paraphernalia. See Tab 6. In response to this arrest, "came forward" (as the Probable Cause Affidavit implies at 10-11), claiming she had knowledge of "sexual activity taking place" at Epstein's residence and misconduct by Epstein. (This "coming forty r " ppears no where in the Police Report.) Thus, it becomes clear that assertions of misconduct by Epstein were motivated by a desire to avoid the repercussions of her own criminal conduct, which should have been taken into account when assessing her credibility as a witness. • Steals From a Secret Store. An investigation kurivate investigators irsibr the defense revealed that in late 2005 was employed at a Secret store in Florida. Three days after her marijuana case was terminated,. was caught by a store manager as attempted to leave the store with merchandise in her purse, the security tag still attached. See Incident Report annexed at Tab 7. Seeing the manager, ■ claimed "someone is trying to set me up". Following an internal investigation, which disclosed additional thefts from both the store and a customer, she was fired. In a recorded interview, ■ admitted to stealing and asserted that her reason for doing so was that "she was not getting paid enough". This information and supporting documentation EFTA00176251 LAW arras or GERALD B. LEFOOITIC, P.C. M a Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 17 was presented to the PBPD, but was never included in the Police Report or Probable Cause Affidavit. Lies on MvSpace About Secret Store Termination. Also uncovered defense investigators is dissembling versi n of the Secret debacle on her "MySpace" webpage. There, announced that she "... forgot to let everyone know I quit my job at V.S. They said they suspected me of 'causing losses to their company' — which by the way is bullshit. I was 'by the book' on EVERYTHING!!! ... I got so fed up in that office that I handed the Loss Prevention lady back my keys and walked out". This information and supporting documentation was provided by the defense to the PBPD, but was not included in the Police Report or Probable Cause Affidavit. • Was 18 at the Time She Alleges to Have Engaged in Sexual Conduct with Epstein. Epstein denies he ever had sex with IF However, even if he did, evidence, in the form of a credit card receipt, was presented to the PBPD and the State Attorne ffice which confirms that any such encounter occurred at a time when was already 18 years of age. (Indeed, it is our understanding that it was this information, combined with a theft report of her employer that highlighted her lack of credibility, that led the State Attorney to conclude that was neither credible nor a proper complainant.) This information, though known to the PBPD, was omitted from the Police Report or the Probable Cause Affidavit. • Lies on her Secret Job A lication. Additional information on MySpace webpage casts further doubt on her credibility. For examthSie boasts to having engaged in a fraudulent scheme to get hired by Secret, explaining, "Olit_it was so funny - I used [my boyfriend] as one of my references for my Secret job and the lady called me back and told me that William 'flicker gave me such an outstanding reference that she did not need to call anyone else back, ... he got me the job! Just like that ... I lied and said he was the old stock manager at Holister — she bought it..." This information and 16 A copy is annexed at Tab 8. EFTA00176252 LAW OFF ICES OF GERALD B. LE:poop-fa, P.C. C C ( C. i Esq., Assistant United States Attorney sq' ., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 18 supporting documentation was provided by the defense to the PBPD, but was not included in the Police Report or Probable Cause Affidavit. Boasts About Her Marijuana Use. Also on her MySpace webpage can be found admissions of purchaAgt: and using marijuana and marijuana paraphernalia. Specifically, states she "can't wait to buy some weed!!! ... I can't wait!!! . . . (Hold on: let me say that again) I can't wait to buy some weed!!!... I also want to get a vaporizer so I can smoke in my room because apparently there are 'flares' everywhere". also posted a photograph of a marijuana cigarette and labeled it "what heaven looks like to me". This information and supporting documentation was provided by the defense to the PBPD, was not included in the Police Report or Probable Cause Affidavit (although there is both a fleeting reference in the Police Report to use of marl with her boyfriend (at 67) and in the Probable Cause Affidavit to marijuana arrest (at 10-11)). • Lies, Alleging Defense Investigators Impersonated Police Officers. During the course of the investigation, the defense was notified that an unidentified witness claimed that defense investigators had impersonated police officers in an effort to get her statement. The defense subsequently concluded that these accusations were made by (A reference to this accusation was included in the Police Report (at 67) and the Probable Cause Affidavit). Defense counsel immediately questioned the investigators and learned the accusation was baseless; the investigators ave a business card clearly identifying them as private investigators. initially declined to speak to the investigators because she said she "does not speak to cops", to which the investigators responded they were not "cops". Despite having this information from defense counsel, the PBPD failed to include it in the Police Report or Probable Cause Affidavit, instead citing only claims. While the Police Report and Probable Cause Affidavit contain numerous assertions intended to negate admission she told Epstein she was 18, omitted from these documents is reference to MySpace webpage, where she affirmatively represented to the world that she was 18, thereby corroborating her lie to Epstein. A copy of MySpace webpage is annexed at Tab 9. Also omitted is any reference to her long history of run-ins EFTA00176253 LAW OMCES OF GERALD B. LEFCOURT, P.O. d. Villafafta, Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 19 with law enforcement. Among those are multiple runaway complaints by her parents and her assignment to a special high school for drug abusers. • MvSnace Webpage States She Drinks, Uses Drugs. Gets into Trouble, Has Beaten Someone Up, Shoplifts, Has Lost her Virginity, Earns $250,000 and Higher, and Contains Naked and Provocative Photo r hs. The first image seen on MySpace webpage, the photo chose to represent her, is that of a naked woman pr vocatively lying on the beach. The illuminating webpage also contains assertions that of all her body parts, she "love[s] her ass", she drinks to excess, uses drugs, "gets into trouble", has beaten someone up, has shoplifted "lots", "already lost" her virginity, and earns "$250,000 and higher". As with the other impeaching information, this material, vital to determining credibility, was provided by the defense to the PBPD but was never included in the Police Report or Probable Cause Affidavit. e Contacts — Drugs, Alcohol. Running Away From Home. has a history of running away/turning up missing from her parents' various homes; of using drugs and alcohol; and of associating with unsavory individuals. For example, a Palm Beach County Sheriff's Office Report (annexed at Tab 10) details how only two days after she returned to Florida to live with her father, on March 31, 2006, police were called to the home in response to her father's report that she and her twin sister were missing. The Police Report describes her as "under the influence of a narcotic as [she] could barely stand up, [her] eyes were bloodshot, and [her] pupils were diluted [sic]". It further documents that and her sister had stayed out all night and were returned home by a "drug dealer". This event coincided with having been found at an "ina ro riate location" by Georgia police in response to a call about disappearance. Although this information, material to determining credibility, was provided by the defense and known to the PBPD, it was never included in the Police Report or Probable Cause Affidavit. While the Police Re ort and Probable Cause Affidavit rely on statements of father, omitted is federal bank fraud conviction (annexed at Tab 11), which defense EFTA00176254 LAW OFF ICC* OF GERALD B. Lirraytrat, P.C. ( e. Min . Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office o e United States Attorney Southern District of Florida February 1, 2007 Page 20 investigators discovered and turned over to the PBPD during the course of the investigation. served 21 months in federal prison for his offense. statements of While the Police Report and Probable Cause Affidavit ar an step-mother, omitted is state conviction for identity fraud (annexed at Tab 12). This information, uncovered by defense investigators, was also turned over to the PBPD during the course of the investigation. IV. The Facts of This Case Militate Against Bringing a Federal Prosecution A. Declining To Prosecute as an Exercise of Discretion Epstein is being prosecuted by state authorities in Florida. Even if we assume arguendo that Epstein's conduct constitutes a federal crime that can be proven, nevertheless no "substantial Federal interest" would be served by prosecuting him. On this question, the United States Attorney's Manual (USAM) itself gives specific guidance. Section 9-27.230 provides: In determining whether prosecution should be declined because no substantial Federal interest would be served by prosecution, the attorney for the government should weigh all relevant considerations, including: Federal law enforcement priorities; the nature and seriousness of the offense; the deterrent effect of prosecution; the person's culpability in connection with the offense; the person's history with respect to criminal activity; the person's willingness to cooperate in the investigation or prosecution of others; and the probable sentence or other consequences if the person is convicted.I7 Each of these factors militates against prosecution. As indicated, federal law enforcement priorities focus on particular phenomena involving the sexual abuse of minors, the use of the " Each of these factors is discussed in greater detail in USAM 9-27.230(B). EFTA00176255 LAW Off IVES Cr GERALD B. Laarcatarr, P.G. Mr Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February I, 2007 Page 21 internet to lure minors to engage in prohibited sexual activity, child pornography, or trafficking. The conduct in which Epstein is alleged to have engaged fits nowhere in these categories. Given its essentially sui generis character, its prosecution would have little or no general deterrent effect. If prosecuted under statutes designed to address far more serious conduct and far more dangerous offenders, he would be subject to punishment that is grossly disproportionate to his alleged behavior. Even though society has a legitimate interest in preventing and punishing sexual exploitation of minors, under our federal system, that interest is one that is shared between the federal government and the states, and one in which there is a division of responsibility. Under our system of federalism, the states, and only the states, act where the concern is local, and the federal government only where there is a federal interest at stake. This is just as true with respect to sexual activity involving minors as it is with respect to murder, which can be prosecuted, federally, only in special circumstances where there is a genuine federal interest to be served. Most importantly, there is no identifiable federal interest to be served by prosecuting the conduct at issue in this case. The federal interest lies in addressing the problem of Internet predators, a problem of uniquely federal interest. As the Director of the Office for Victims of Crime of the DOJ has stated, "...the nature of Internet crimes presents complex new challenges for law enforcement agencies and victim service providers with regard to investigating crimes, collecting evidence, identifying and apprehending offenders, and assisting child victims and their families." U.S.D.O.J., Office of Justice Programs, OVC Bulletin, Internet Crimes Against Children, December 2001. Federal lawmakers recognized that while the internet presents wonderful opportunities for young people, at the same time "criminals are also using modern technology - to prey on innocent victims." Id That should be sufficient to end the matter, as Epstein's case has nothing whatever to do with internet predation, or the type of predators to which the legislation is addressed. After all, it is a first principle that the Constitution creates a federal government of enumerated powers. See United States v.= 514 U.S. 549, 552 (1995) ("Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.") (quoting Gregory v. Ashcroft, 501 U.S. 452, 458 (1997 Thus, Congress's power to legislate in this area is constrained by the Commerce Clause. As demonstrates, the EFTA00176256 LAW OFFIC[30F GERALD 13. Larcotrirr, P.C. ... Esq., Assistant United States Attorney sq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 22 Clause imposes real limitations on Congress's power to criminalize essentially local behavior. See United States v. Morrison, 529 U.S. 598 (2000) (Violence Against Women Act exceeded Congressional power under the Commerce Clause or § 5 of the Fourteenth Amendment). M , of course, recognizes Congress's power to regulate "the use of the channels of interstate commeind "to keep the channels of interstate commerce free from immoral and injurious uses." 514 U.S. at 558. But this confirms that the legitimate federal interest is in the misuse of instrumentalities or channels of interstate commerce. This suggests that, in defining and weighing the federal interest, the focus should be on the use of interstate travel, and not upon the sexual conduct itself. Clearly, Epstein's interstate travel can be of no legitimate or significant federal interest. He spent a great deal of his time in Florida because he has owned a home there for seventeen years and has many professional, social and personal interests centered there, none of which has anything to do with sexual conduct. Given the attenuated relationship between sexual conduct with any person under 18 and interstate travel, the federal interest in this matter is negligible. The conduct at issue is not an example of a widespread or growing phenomenon that in general crosses state or international lines (like intemet sexual predators or sex tourism) that is difficult to police or prosecute and that the United States has a special interest in eliminating. It does not involve the special targeting of children. It does not involve organized prostitution, sex trafficking, or organized crime. It does.not involve violence or the threat of violence, nor physical harm or threat of harm. It does not involve child pornography. Indeed, the circumstances of this case are so idiosyncratic that its pursuit would not significantly advance the protection of minors. Instead, the conduct at issue here is precisely the conduct that is primary interest to the state. And it is the state that has the authority, and the right, to establish and rely on reasonable criteria for deciding which cases to bring and which to forego. To the extent that the federal statutes in this area are broadly drafted, this is to confer on the authorities sufficient leeway to exercise their discretion and "get the bad guys" who do exploit minors, often on a massive scale or for financial rewards. The very breadth of the statutory language places on federal prosecutors the weighty responsibility of insuring that their discretion is exercised thoughtfully. Certainly, the fact that conduct arguably falls within the broad scope of a broadly worded federal criminal statute cannot itself establish that a substantial federal interest is at stake. Nor does the statutory breadth mean that prosecutors should strive to test the statutes' outer boundaries. This is particularly true here, where private conduct is at issue; where the EFTA00176257 LAW OIVICILS a GERALD J3. Linrcarrirr, P.V. Milii . Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office o e United States Attorney Southern District of Florida February 1, 2007 Page 23 federal statutes, broadly read, would criminalize sexual conduct that state law may permit; and where the question of whether federal le in this area exceeds Commerce Clause authority, in light of United States v. supra, remains unresolved by the Supreme Court. It is well to remember that hard cases make bad law — for the government as well as for its citizens. Indeed, if the use of a handgun that traveled in interstate commerce does not allow a federal prosecution by invocation of the Commerce Clause, as the Supreme Court ruled in then surely purely local sexual activity would not, either. B. Petite Policy In addition to the factors discussed above, the Petite Policy (regarding dual and successive prosecutions), a limitation on prosecutorial authority, may also stand as a bar to federal prosecution. If it is arguable whether the policy applies, the policy itself may require that Justice Department authorization to proceed be obtained. The Policy, which takes its name from Petite v. United States, 361 U.S. 529 (1960), is set forth in the USAM at 9-2.031. The Petite Policy "establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution based on substantially the same act(s) or transactions involved in a prior state or federal proceeding." The purpose of the policy "is to vindicate substantial federal interests through appropriate federal prosecutions, to protect persons charged with criminal conduct from the burdens associated with multiple prosecutions and punishments for substantially the same acts or transactions, to promote efficient utilization of Department resources, and to promote coordination and cooperation between federal and state prosecutors." USAM 9-2.031(A). Though the Policy does not create any substantive or procedural rights enforceable by law, see, e.g., United States v. Snell, 592 F.2d 1083 (9th Cir. 1979), it nevertheless provides a valid basis for arguing against the institution of charges in this matter. The crux of the Policy is this: This policy precludes the initiation or continuation of a federal prosecution, following a prior state or federal prosecution based on substantially the same act(s) or transaction(s) unless three substantive prerequisites are satisfied: first, the matter must EFTA00176258 LAW OFFICCH OF GERALD B. LEFOOURT, P.C. Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 24 involve a substantial federal interest; second, the prior prosecution must have left that interest demonstrably unvindicated; and third, applying the same test that is applicable to all federal prosecutions, the government must believe that the defendant's conduct constitutes a federal offense, and that the admissible evidence probably will be sufficient to obtain and sustain a conviction by an unbiased trier of fact. In addition, there is a procedural prerequisite to be satisfied, that is, the prosecution must be approved by the appropriate Assistant Attorney General. Satisfaction of the three substantive prerequisites does not mean that a proposed prosecution must be approved or brought. The traditional elements of federal prosecutorial discretion continue to apply. Whether the matter involves a substantial federal interest is a determination to be made on a case-by-case basis, applying the considerations applicable to all federal prosecutions. The second prerequisite is that the prior prosecution must have left that substantial federal interest "demonstrably unvindicated." "In general, the Department will presume that a prior prosecution, regardless of result, has vindicated the relevant federal interest." USAM 9-2.031(D)28 The presumption may be overcome when the prior prosecution resulted in a conviction if the prior sentence was manifestly inadequate in light of the federal interest involved or if the choice of charges in the prior prosecution was affected by certain inappropriate or irrelevant factor such as "incompetence, corruption, intimidation, or undue influence." No such factors operated here. The negotiations between the State Attorney were conducted at arms length, and at times in an atmosphere of mutual hostility. At no point was Epstein granted any sort of break in his case due to his wealth, his political affiliations, or the prominence of his lawyers. If anything, those factors worked against him. The state prosecutors devoted enormous resources to a lengthy investigation, refused to reveal the nature of the charges 1s All three substantive pre-requisites for approval of a prosecution governed by the Petite Policy are discussed in greater detail in USAM 9-2.031(D). EFTA00176259 LAW ()MCC, OF GERALD B. LiarcovEr, P.C. ( ( I ( ( ( ( Esq., Assistant United States Attorney Esq., Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida February 1, 2007 Page 25 they were considering, refused to speak with Epstein's attorney of choice, and tried to strong-arm Epstein to plead guilty to a violent felony by threatening to place witnesses, whom the State knew were not credible, on the stand before a grand jury. In determining the charges, the State Attorney took into account the fact that both of the principal victims - and - have serious credibility problems, including damaging histories of lies, illegal drug use, and crime. The State Attorney, quite appropriately, took into account the substantial possibility that, with witnesses of their ilk, it might not be able to make any case against Epstein at all. In fact, according to Barry ICrischer, the State Attorney for Palm Beach County, his reason to take the case to the grand jury, rather than proceed by information, was to determine whether his witnesses would testify under oath, even without being lS& eeted to cross-examination. Tellingly, though subpoenaed to testify at the grand jury, Ms. M failed even to appear. The charging decision was not an act of favoritism, but a rather harsh exercise of the State Attorney's discretion. The State Attorney had never before prosecuted a case involving erotic touching unless the victim was exceedingly young, vulnerable, or in a trust relationship with the perpetrator. Cases brought by the State Attorney previously involved far more egregious conduct, including the videotaping of sexual activity, multiple rapes, and keeping minors as sex slaves, including tattooing them to indicate ownership and control over them. Any suggestion that Epstein received preferential treatment - or that the State prosecutors were corrupt - would be utterly without merit. For all of these reasons, we submit that no prosecution can or should be brought against Jeffrey Epstein. We would like to reserve the opportunity to make a further submission in which we address more specifically the applicable law once we have had the benefit of narrowing the focus at our meeting. cc: Roy Black, Esq. Lilly Ann Sanchez, Esq. ri Gerald B. ( EFTA00176260 C C. c C c c t EFTA00176261 Date: 2/17/06 PALM BEACH POLICE DEPARTMENT Page: 1 Time: 11:36:35 Incident Report Program: CMS301L Case No SPECIAL NOTES : Occur To Date : Day Of Week Street Number : City Location Type : Beat Assignment: Dept Class . . Case Status . : Supervisory Dt.: Entry Date . . : Names/ Vehicles? Narrative? . . : . : 1-05-000368 DO NOT RELEASE 1/27/05 0000 Thursday 358 EL BRILLO WY PALM BEACH, FL RESIDENCE-SINGLE DETECTIVE BUREAU SEXUAL BATTERY OPEN ACTIVE Occur From Date: 1/27/05 0000 Report Date . : 3/14/05 1600 FAMILY Map Reference Report Officer Case Status Dt : 10 : 111105 Property? . . : Offenses? . . : Related Cases? : ****** ***VEHICLE Case number . : 1-05-000368 State Veh Type : Make Model Name . . : Style Color - Bottom : N F ORMATION # Category . Year Model Permit Number Color - Top . License # . . 1 • • ******** ****** ******* 0 yIN Stolen value . 0 Disposition . : Insured . . . Insured by . . : Keys in car . Vehicle locked : Lein holder . Date recovered : 0/00/00 Recovery value 0 Street number : City Recovery code : NCIC number . : Be On Look Out?: PERSON R E Case Number . : 1-05-000368 Street Number : City Birth Date/Age : Occupation . . Home Phone No. : Sex Female Weight 0 ************** Case Number . : Street Number : City Birth Date . . Employer? . . . Oper Lic No. . : Other Phone Nbr: Sex • Minimum Weight : SUSPECT 1-05-000368 PORTING INFO Last Name . . : # 1 ********* Employer? . Oper Lic No. . Race • Height • 0 Other Phone Nbr: / A R R E S T E E INFORMATION- # 1 ** valid in: Female 0 Prompt Maximum Age . : Occupation . . : Home Phone No. : Race • White Minimum Height : 0 Maximum Height : 0 EFTA00176262 Date: 2/17/06 Time: 11:36:35 Case No Maximum Weight Aliases? . . . : : PALM BEACH POLICE DEPARTMENT Incident Report 1-05-000368 0 Misc. ID# . . MO/Crime Spec? Hair Color . . : Hair Length Hair Style . . : Eye Color Glasses . . . : Complexion Facial Hair . : Build Teeth Speech Hat Coat Shirt Pants Shoes Body Marks #1 : Body Marks #2 : Body Marks #3 : Body Marks #4 : Status • Arrest Case No.: ************** S Case Number . : Street Number : City • Birth Date . . : Employer? . . : Oper Lic No. . : Other Phone Nbr: Sex Fema Minimum Weight : 0 Maximum Weight : 0 Aliases' Hair Color . Hair Style . Glasses . Facial Hair Teeth Hat Shirt Shoes Body Marks #2 : Body Marks #4 : Arrest Case No.: ************** Case Number . Street Number S USPECT/ARRESTEE INFO RMATION- # 3 ** : 1-05-000368 Prompt valid in: EPSTEIN, JEFFREY : 358 EL BRILLO WY City • PALM BEACH, FL 000033480 Birth Date . . : 1/20/1953 52 Maximum Age . : 52 Employer? . . : Occupation . . Oper Lic No. . : E123425530200 FL Home Phone No. Other Phone Nbr: Race White Sex • Male Minimum Height : 0 Minimum Weight : 0 Maximum Height : 0 Maximum Weight 0 Misc. ID# . . Aliases' MO/Crime Spec? Hair Color Hair Length . Hair Style . : Eye Color . . USPECT/ARR 1-05-000368 358 EL BRILLO WY PALM BEACH, FL 000033480 25 Maximum Age . Occupation . . 241534676 HA Home Phone No Race e Minimum Height Maximum Height Misc. ID# . • MO/Crime Spec? Hair Length Eye Color Complexion Build Speech Coat Pants Body Marks #1 : Body Marks #3 : Status STILL SUSPECT Additional UCR?: Additional UCR? : Page: 2 Program: CMS301L ESTEE INF O Prompt valid in: (Continued) STILL SUSPECT RMATTON- 4 2 ** : 25 PERSONAL ASST/EPSTEIN : 0 : 0 EFTA00176263 Date: 2/17/06 Time: 11:36:35 PALM BEACH POLICE DEPARTMENT Page: 3 Incident Report Program: CMS301L Case No • 1-05-000368 Glasses . . . Facial Hair . Teeth Hat Shirt Shoes Body Marks #2 : Body Marks #4 : Arrest Case No.: ************** Case Number . : Prompt valid in: Street Number : City • WEST ALM BEA Birth Date/Age : Occupation . . : STUDENT Home Phone No. : Sex • Fema e Weight 0 Be On Look Out?: ICTIM 1-05-000368 Victim Type . JUVENILE Residency Sts : Can Identify . : Injury Extent : Injury Type 2 : Med Treatment : Phys Last Name : ************** Case Number . : Street Number : City Birth Date/Age : Occupation . . Home Phone No. : Sex Weight Be On Look Out?: ViCtim Type . : ADULT Residency Sts : Can Identify . Injury Extent : Injury Type 2 : Med Treatment : Phys Last Name : V ICTIM 1-05-000368 PALM BEACH Female 0 ************** I Case Number . : Street Number : City • Birth Date/Age : ICTIM 1-05-000368 PALM BEACH, Complexion Build Speech Coat Pants Body Marks Body Marks Status Additional . . : UCR?: INFORMATIO H, FL 33412 FL (Continued) STILL SUSPECT N - # 1 ******************** Employer? . Oper Lic No. Race Height Misc. ID# . . : Other Phone Nbr: Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: . : . : White 0 INFORMATION - # 2 Prompt valid in: • 000033480 **** ******** ******** M Employer? . . : Oper Lic No. . : Race • White Height 0 Misc. ID# . Other Phone Nbr: Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: INFORMATION - # 3 Prompt valid in: • FL 000033480 Employer? ******************** EFTA00176264 Date: 2/17/06 Time: 11:36:35 PALM BEACH POLICE DEPARTMENT Page: 5 Incident Report Program: CMS301L Case No Street Number : City • Birth Date/Age : Occupation . . : Home Phone No. : Sex Weight Be On Look Out?: Victim Type . : Residency Sts : Can Identify . Injury Extent : Injury Type 2 Med Treatment : Phys Last Name : ************** Case Number . : 1-05-000368 Street Number : City • Birth Date/Age : Occupation . . : Home Phone No. : Sex Female Weight 0 Be On Look Out?: Victim Type . : Residency Sts : Can Identify . : Injury Extent : Injury Type 2 Med Treatment : Phys Last Name : 1-05-000368 PALM BEACH, FL 000033480 Employer? . . Oper Lic No. . : Race • White Height • 0 Misc. ID# . . : Other Phone Nbr: JUVENILE Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: Female 0 ICTIM ************** Case Number Street Number City Birth Date/Age Occupation Home Phone No. Sex INFORMATION - # Prompt valid in: PALM BEACH, FL 000033480 17 Employer? . . Oper Lic No. . : Race • White Height • 0 Misc. ID# . . : Other Phone Nbr: JUVENILE Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: VICTIM : 1-05-000368 PALM BEACH Female Weight 0 Be On Look Out?: Victim Type . : JUVENILE Residency Sts : Can Identify . : Injury Extent : Injury Type 2 : Med Treatment : Phys Last Name : ***** ******* ** FL (Continued) 7 ******************** NICOLE INFORMATION - # 8 Prompt valid in: 000033480 ******* ****** ******* Employer? Oper Lic No. Race White Height 0 Misc. ID# . . Other Phone Nbr: Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: ICTIM INFORMATION - # 9 EFTA00176265 Date: 2/17/06 Time: 11:36:35 PALM BEACH POLICE DEPARTMENT Page: 4 Incident Report Program: CMS301L Case No • 1-05-000368 Occupation Home Phone No. : Sex Female Weight 0 Be On Look Out?: Victim Type . : JUVENILE Residency Sts : Can Identify . Injury Extent : Injury Type 2 : Med Treatment : Phys Last Name : ************** VICTIM Case Number . : 1-05-000368 Street Number : City • PALM BEACH, Birth Date/Age : OCcupation . . Home Phone No. : Sex Female Weight 0 Be On Look Out?: Victim Type . Residency Sts Can Identify . Injury Extent Injury Type 2 Med Treatment Phys Last Name ************** Case Number . Street Number City Birth Date/Age : Occupation . . Home Phone No. : Sex Weight Be On Look Out?: Victim Type . Residency Sts Can Identify . Injury Extent Injury Type 2 Med Treatment Phys Last Name : JUVENILE VICTIM : 1-05-000368 • PALM ************** BEACH, Female 0 : ADULT VICTIM Case Number . : 1-05-000368 Prompt valid in: Oper Lic No. . : Race • white Height 0 Misc. ID# . . : Other Phone Nbr: Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: INFORMATION -# Prompt valid in: FL 000033480 FL (Continued) 4 ******************** Employer? . . : Oper Lic No. . : Race • white Height 0 Misc. ID# Other Phone Nbr: Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: INFORMATION -# Prompt valid in: 000033480 Employer? . Oper Lic No. Race White Height 0 Misc. ID# : Other Phone Nbr: Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: 5 ******************** A . : . : INFORMATION -# 6******************** EFTA00176266 Date: 2/17/06 Time: 11:36:35 PALM BEACH POLICE DEPARTMENT Page: 6 Incident Report Program: CMS301L Case No Case Number . : Street Number : City • Birth Date/Age : Occupation . . : Home Phone No. : Sex • Weight Be On Look Out?: Victim Type . : Residency Sts : Can Identify . : Injury Extent : Injury Type 2 : Med Treatment : Phys Last Name : ***** ****** *** Case Number . : Prompt valid in: Street Number : City Birth Date/Age : Occupation . . : Home Phone No. : Sex Weight Be On Look Out?: Victim Type . : Residency Sts : Can Identify . : Injury Extent : Injury Type 2 : Med Treatment : Phys Last Name : 1-05-000368 1-05-000368 PALM BEACH, FL Female 0 JUVENILE ICTIM 1-05-000368 Prompt valid in: 000033480 Employer? . . : Oper Lic No. . : Race • Height Misc. ID# . : Other Phone Nbr: Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: INFORMATION PALM BEACH, FL ************** Case Number . : Street Number : City Birth Date/Age : Occupation . . Home Phone No. : Sex Weight Be On Look Out?: Victim Type . : Residency Sts : Can Identify . : Injury Extent : Injury Type 2 : Med Treatment : Female 0 JUVENILE ICTIM 1-05-000368 PALM BEACH, FL Female 0 ADULT GERALDINE 000033480 INFO (Continued) White 0 # 10 ******************* Employer? . Oper Lic No. Race White Height 0 Misc. ID# . Other Phone Nbr: Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: RMATION - # 11 ****** **** ***** **** Prompt valid in: 000033480 Employer? . . : Oper Lic No. . : Race • White Height Misc. ID# . Other Phone Nbr: Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . Phys First Name: 0 NICOLE EFTA00176267 Date: 2/17/06 PALM BEACH POLICE DEPARTMENT Page: 7 Time: 11:36:35 Incident Report Program: CMS301L Case No • Phys Last Name : ******* ******* V Case Number . : Street Number : City • Birth Date/Age : Occupation . . Home Phone No. : Sex Weight Be On Look Out?: 1-05-000368 ICTIM 1-05-000368 PALM BEACH, INFORMATION - # Prompt valid in: FL 000033480 Employer? . . : Oper Lic No. . : Race • Height Misc. ID# . . : Other Phone Nbr: (Continued) 12 ******************* White 0 Female 0 Victim Type . : ADULT Residency Type : Residency Sts : File Charges . : Can Identify . : Victim Sobriety: Injury Extent : Injury Type 1 : Injury Type 2 : Hospital ID . : Med Treatment : Phys First Name: Phys Last Name : VICTIM NFORMAT/ON 13 ******************* Case Number . : 1-05-000368 Prompt valid in: Street Number City Birth Date/Age : PALM BEACH, FL 000033480 Employer? . . : Occupation . . : Oper Lic No. . : Home Phone No. : Race • White Sex Female Height 0 Weight 0 Misc. ID# . . : Be On Look Out?: Other Phone Nbr: Victim Type . Residency Sts Can Identify . Injury Extent Injury Type 2 Med Treatment Phys Last Name ************** Case Number . : 1-05-000368 Street Number : City Birth Date/Age : Occupation . Home Phone No. : SeX Female Weight 0 Be On Look Out?: Victim Type . : JUVENILE Residency Sts : Can Identify . : Injury Extent : : JUVENILE VICTIM I N Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: FORMATION - Prompt valid in: PALM BEACH, FL 000033480 Employer? . Oper Lic No. Race • white Height 0 Misc. ID# . . : Other Phone Nbr: Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : is ******* ***** * ****** . : EFTA00176268 Date: 2/17/06 Time: 11:36:35 PALM BEACH POLICE DEPARTMENT Incident Report Page: 8 Program: CMS301L Case No. . . . : Injury Type 2 : Med Treatment : 1-05-000368 Hospital ID . Phys First Name: (Continued) Phys Last Name : 4ii.************* ICTIM INFORMATIO N - # 15 ******************* Case Number . 1-05-000368 Prompt valid in: Street Number : City • PALM BEACH, FL 000033480 Employer? Birth Date/Age : Occupation . . : Oper Lic No. . Home Phone No. : Race • White Sex Weight Female 0 Height Misc. ID# . . 0 Be On Look Out?: Other Phone Nbr: Victim Type . : ADULT Residency Sts : Can Identify . : Injury Extent : Injury Type 2 : Med Treatment : Phys Last Name : Residency Type : File Charges . : Victim Sobriety: Injury Type 1 : Hospital ID . : Phys First Name: ************** V,7 ICTIM INFORMATION. - # 16 ******************* Case Number . : 1-05-000368 Prompt valid in: Street Number : City • Birth Date/Age PALM BEACH, FL 000033480 Employer? . . : Occupation . . : Oper Lic No. . : Home Phone No. : Sex Weight Female 0 Race . . . . . : Height • Misc. ID# . . : White 0 Be On Look Out?: Other Phone Nbr: Victim Type . : JUVENILE Residency Type : Residency Sts : File Charges . : Can Identify . : Victim Sobriety: Injury Extent : Injury Type 1 : Injury Type 2 : Hospital ID . : Med Treatment : Phys First Name: Phys Last Name : ************** I ICTIM INFORMATION - # 17 **** ***** ********** Case Number . : 1-05-000368 Prompt valid in: Street Number : City • PALM BEACH, FL 000033480 Birth Date/Age : Employer? . . : Occupation . . : Oper Lic No. . : Home Phone No. : Race • White Sex • Female Weight 0 Be On Look Out?: Height Misc. ID# . Other Phone Nbr: 0 Victim Type . : JUVENILE Residency Type : Residency Sts : File Charges . : EFTA00176269 Date: 2/17/06 Time: 11:36:35 PALM BEACH POLICE DEPARTMENT Page: 9 Incident Report Program: CMS301L Case No • 1-05-000368 Can Identify . : Injury Extent : Injury Type 2 : Med Treatment : Phys Last Name : ********* OTHER Case Number . 1-05-000368 Street Number : City Birth Date/Age : Occupation . . : STUDENT Home Phone No. : Sex Female Weight • 0 Other Phone Nbr: ********* 0 Case Number . : Street Number : City Birth Date/Age : Occupation . . Home Phone No. : Sex Weight Other Phone Nbr: T H P E R (Continued) Victim Sobriety: Injury Type 1 : Hospital ID . Phys First Name: S 0 N INFORMATION - #1********* Last Name . . : E R PERSON 1-05-000368 358 EL BRILLO WY PALM BEACH, FL 000033480 Female 0 Employer? . Oper Lic No. Race foyer? . . : Oper Lic No. . : Rade • White Height • 0 Person Type . : OTHER PERSON /NFORMATION -# 2 ********* Last Name . . : . : . : M625620855610 FL White Height 510 Person Type : OTHER PERSON ********* OTHER P E R S 0 N INFORMATION -# 3 ********* Case Number . : 1-05-000368 Last Name . . : Street Number : City Birth Date/Age : ilingliMi Employer? . . : Occupation . . Oper Lic No. . : Home Phone No. : Race • White Sex • Female Height • 0 Weight 0 Person Type . : OTHER PERSON Other Phone Nbr: ***** * * * * OTHER PERSON INFORMATION - # 4 Case Number . : 1-05-000368 Last Name . . : Street Number City Birth Date/Age Occupation : PAINTER Home Phone No. : Sex Ma e Weight 0 Other Phone Nbr: ********* 0 T H Case Number . : E R PERSON 1-05-000368 Employer? . : Oper Lic No. . : Race • White Height • 0 Person Type . : OTHER PERSON INFORMATION -# 5 ********* Last Name . . : BACK, KATHY EFTA00176270 Date: 2/17/06 Time: 11:36:35 PALM BEACH POLICE DEPARTMENT Incident Report Page: 10 Program: CMS301L Case No Street Number : 1-05-000368 (Continued) City Birth Date/Age : 0/00/0000 0 Employer? . . : Occupation . . : FAMILY THERAPIST Oper Lic No. . : Home Phone No. : Race White Sex Weight • Female 0 Height Person Type . .: 0 OTHER PERSON Other Phone Nbr: Case Number . : ***EMPLOYER INFORMATION*** 1-05-000368 Employer Name : PBC DIVISON OF YOUTH AFFAIRS Address . . . : 4200 N AUSTRALIAN AV City/State/Zip Phone Number . : : WEST PALM BEACH, FL 33407 ****** *** OTHER P E R S Case Number . : 1-05-000368 Street Number : City Birth Date/Age : Occupation . . : STUDENT Home Phone No. : Sex • Ma e Weight 0 Other Phone Nbr: ON INFORMATION - # 6 ********* Last Name . . : Employer? . . Oper Lic No. . : Race White Height 0 Person Type . : OTHER PERSON ***EMPLOYER INFORMATION*** Case Number . Address . . . City/State/Zip : Phone Number . : 1-05-000368 Employer Name : SUMMIT CHRISTIAN SCHOOL 4900 SUMMIT BV WEST PALM BEACH, YL 33415 *********OTHER P E R Case Number . : 1-05-000368 Street Number : City • Birth Date/Age : Occupation . . : Home Phone No. : Sex Weight Other Phone Nbr: WEST PALM 0/00/0000 Male 0 S O N INFORMATION -# Last Name . . BEACH, FL 33412 0 Employer? . . : Oper Lic No. Race • White Height • 0 Person Type : OTHER PERSON ********* 0 THER P E R S 0 N Case Number . : 1-05-000368 Street Number : City Birth Date/Age : 0 00 0000 0 Occupation . . : Home Phone No. : Sex • Female 7 ********* A IN - # 8 ********* Last Name . . : Employer? . . : Oper Lic No. . : Race • Height • 0 EFTA00176271 Date: 2/17/06 PALM BEACH POLICE DEPARTMENT Page: 11 Time: 11:36:35 Incident Report Program: CMS301L Case No 1-05-000368 Weight • 0 Other Phone Nbr: (Continued) Person Type . : OTHER PERSON ********* OTHER PERSO N INFORMATION -# 9 ********* Case Number . : 1-05-000368 Last Name . . : Street Number City Birth Date/Age : Occupation . . : Home Phone No. Sex • Female Weight • 0 Other Phone Nbr: Employer? . . : Oper Lic No. . : M460812887661 FL Race White Height 0 Person Type . : OTHER PERSON ****************************NARRATIV Original Report LO Reported By: Entered By.: E # 1 *** ***** ********** * * *** **** 9/20/05 9/20/05 On 03/14/2005, I received a call from a woman who did not wish to identify herself. (Later identified as ) She stated that her fourteen year old step daughter (later identitied as possibly ma have been molested in Palm Beach by a wealthy man. According to , she learned of the possible molestation by a third party. S e exp ained that she had received a call from the mother of her stepdaughter's friend. The mother claimed to have overheard a conversation between her daughter and a male friend; they were talking about . The conversation was about how had met with a 45- ear-old man and had sex with him and was paid or it. I advised that I would like to meet with her to obtain a more detailed statement and facts. stated she did not know what do and had to discuss the matter wi her husband. At this point did not provide me with a call back number or any other information. She stated that she would contact me once she had spoken with her husband and mother. On 03/14/2005 received a call from Mr. & Mrs. . The stated it was okay to speak to their daughter IIII via ce phone Her mother had beenErde aware of the case. ey a reed to meet me at t e po ice department later this date. On 03 14/2005, Mr. accompanied by his wife came to the Palm Beach Police Department were they all!! me that they believe their fourteen year old daughter may have had some type of sexual relationship with an older male who resided in Palm Beach. Neither knew the suspect s name or address. Both stated that their daughter did not talk to them about the incident, nor would she admit to it. identified his daughter as 05 13 1990; resides with her biologics mot er at is a twin, EFTA00176272 Date: 2/17/06 PALM BEACH POLICE DEPARTMENT Page: 12 Time: 11:36:35 Incident Report Program: CMS301L Case No • 1-05-000368 (Continued) her sister resides with Mr. . Both and are currently attending High Ridge vocational school, !RI is an facilit during the week and comes homes on the week. ' According to , she was admitted to the school because of disciplinary involuntary admitted juvenile educational facility. stays at the problems that recently escalated. The facility also coordinates with the families to provide one on one as well as family counseling. According to Mrs. , she believes the incident occurred on Sunday, Feb 6, 2005. A friend of named III. picked her up at their house and left. They believe instigate the relationship with the older gentleman though they o not have any proof. lives close by with her mother. Mrs. further explaillilhat was introduced to by , a boy she was dating. Goes to Summit Christian, plays ase a . Mrs. continued that on Sunday, picked up IIII, and drove toill'illach where they met the man. Supposedly, tEi-Man has a lot of money and often has young girls come over to his house. I. offers these girls a way to make fast cash. The man starts wit a massa e. If he likes them, he keeps them around and does more. The did not have any information on other than she lives on 7 n ace North, the last house on right si e (north side). Mrs. talked of the conversation that she had with the mother of . MrS. stated that Nuevo was a former friend of . S e found it strange that they were no longer friends until s e received the call from her mother telling her of the conversation she overheard between Sheens and a boy named Zach. Mrs. told me of an incident that occurred on 02/09/2005. IIII got into a fight at school (Eclyal Palm HS). Mrs. Brown assistant principal, found over $300.00 in IIII s purse. !III gave different explanations for the large sum of money. Initia y the school administration thought it was drug related but then dismissed the claim. Since that day, did not return to school; she ran away Thursday, 02/10th or Fri ay 02/11 and returned to her mother's house later that night after midnight. It was not until after received the call from Sheena's mother, that she learned Sheena wastegr ta got into the fight with . The fight was instigated when Sheena being a prostitute. who has legal joint custody of his daughter , signed the affidavit of prosecution indicating he to prosecute against the inappropriate sexual behavior with his fourteen-year-old daughter. Mr. stated that he had no objections with our agency speaking with his aughter about the incident. Mr. mother is aware of the allegations and also was willing to cooperate. Accor ing to Mrs. , she does not believe her daughter had any additional contact with the suspect as she was with accused of EFTA00176273 Date: 2/17/06 PALM BEACH POLICE DEPARTMENT Page: 13 Time: 11:36:35 Incident Report Program: CMS301L Case No • 1-05-000368 her mother and then placed into High Ridge. I contacted the School Board Police who provided me the information for Sable Palm, also known as High Ridge Family Center 840 - 4540. 4200 N Australian Avenue, West Palm Beach, Florida. Checking the school board records for , there is no disciplinary record found. I was advised if no disciplinary action was taken for a fight, such as an expulsion or detention, the incident may not have been recorded. This was at the discretion of the individual school security and principal. 03/15/2005, I called the Palm Beach County Sheriff's Office and left a , Child Abuse Unit. to High Ridge/Sable Palm where I met with white Also present was audiotaped interviewee wit that were made. initiall enie only admitting to going with a later ) to Palm Beach to pick up money was as the cousin of her ormer She u timate y admitted to knowing that man and possibly did sexual favors for him. had offered her an opportunity to make message for PBSP Sgt. On 03/15/2005, I went female therapist. During an about the allegations anything had happened identified as owed. boyfrien worked for a wea t also admitted that money. (Continued) identified boss as a white male named "Jeff who 1 ved in Palm Beach Later positively identified as Jeffrey Epstein). explained that she was first 22,Emached by to go with her to Jeff s house, when they were at IIIII s house. According to li , she was not sure exactl what was going on with but s boyfriend) became angry when he heard inviting to accompany her. believed agreed to ii with her. it was to pick up money t e man owed . s a e told her that she would pick her up a er house on unday. was not sure of the exact dates but knew it was a Sunday. According pic ed er upl along with an unknown, possibly His anic female, !'llir father s house on 76th Lane. told her to , father that they were going i shopping. It was laterconfirmed by that picked his daughter up. According to Mr. drove a pick up truck. drove S. Sometime on the wa whereas ) age, she along with the unknown female to Palm Beach. there, a conversation occurred between and MiliMEM told that if Jeff asked her mmm!!!uld say a e was eighteen. recalled that the Jeff's house was on a dead end street. All three girls walked up a drivewa ast what appeared to be a small guard/security room. In fact, recalled a male approaching them asking what they wanted. stated they were there to see Jeff. The male allowed them to continue walking up to the house. EFTA00176274 Date: 2/17/06 PALM BEACH POLICE DEPARTMENT Page: 14 Time: 11:36:35 Incident Report Program: CMS301L Case No • 1-05-000368 (Continued) stated the man told them that Epstein was not there but was expected back. He allowed them to enter the house, via the kitchen. He offered them something to drink while they waited inside. Shortly after, Epstein and a woman, described as white with blond hair entered addedutT ile woman did not seem friendly and kept her the kitchen. believed the woman was Epstein's assistance. responses short and direct. Epstein introduced himself to as Jeff . got the impression that Epstein and riend knew each other. described Epstein as being approximately forty-five years old, a long face, and bushy eyebrows, with graying hair. and Epstein left the kitchen leaving and friend alone in the kitchen. They returned lit iR i time ater. They all spoke briefly in the kitchen. While s eaking to me, became upset and started to cry. stated the woman instructed k mill le illiln her to follow her upstairs, which s e i . According to , the woman led her to a room that had a massage table in it. started to fix up the room, uttin the covers on the table and taking lotions out. She then told that Epstein would be up in a second. The woman left the room, and soon after E stein walked in and told to take off her clothes. As was telling me what had happene , she looked away from me and w a pointed finger, repeatedly pressed it into her thigh. stated he was stern when he told her to take off her clothes. said she did not know what to do as she was the only one there. took off her shirt leaving her bra on. E stein, dressed in a towe old her to take off everything . stated she removed her pants leaving her thong panties on. Epstein then instructed her to give him a massage pointing to a specific lotion for her to use. Epstein laid on the table, face down. As be an to give Epstein the massage, he told her to get on his acc stated she straddled herself Epstein s bare buttotTliti was iving Epstein the massage, on Epstein s back. state her exposed buttocks were touching he turned around, and wacked o later explained that wacking off was masturbating). stated she was dis sted by Epstein s actions but did not say anyt ng. According to , Epstein, told her that she had a really hot body." Epstein excuse himself and went to the bathroom where she believed he masturbated again. Epstein returned to the room and told that he was done and gave her three hundred dollars. They wen ack down stairs asked ow did it go and asked what did she ( W il where the met . Epstein said good-bye and the left. alle e y stated "Ili. stated stated they then went shopping. When told that E stein asked for a massage, since she was con i ent that also giiiiiid, but that she did not know why did not do anything. described Epstein's house as a two story pink house with a Cadillac Escalade parked in the drivewa . There were gates leading into the property. From the kitchen, recalled walking up a IIIIIIII flight of stairs, lined with photograp s, to a room. Upon entering EFTA00176275 Case No • 1-05-000368 (Continued) the room there was a large bathroom to the right. recalled a hot pink and reen sofa in the room. There was a door on each side of the sofa. recalled there being a mural of a naked woman in the room, as well as several photographs of naked women on a shelf. stated Epstein did not chap e in front of her but did take off his towel, exposing himself. recalled Epstein being hairy especially on his chest. E stein a so had a hairline that continued to his buttocks. admitted to seeing his penis. I if she knew w at eing circumcised meant and she stated then said that she thought Epstein was on steroids was a "really built guy and his wee wee was very tiny." would explain that when she stated "wee wee" she meant penis. stated Epstein exposed himself when he took his towel off, placing it on the floor as he laid down on the table. said Epstein was specific in his instruction to her on how to massage, telling her to go clockwise, etc. recalled that Epstein got up from the table and went to the at room where she heard him making, what she believed tb be sexual type of noises. (moaning) He then returned to the room where he again laid down on the table. Epstein then turned over and instructed to massage his boobs. As she did this, Epstein continued to ma e moaning noises. resumed massaging his chest area. was now standing on t e ground. Epstein turned to his side, an wit the towel on the ground started to rub his penis in an up and down motion. stated Epstein held on to the small of her back as she massage is chest, back and shoulder area. recalled Epstein ejaculating because e h o use the towel to wipe imself as he got off the table. also recalled Epstein having a noticeable freckle on his chest. Date: 2/17/06 PALM BEACH POLICE DEPARTMENT Page: 15 Time: 11:36:35 Incident Report Program: CMS301L asked no. because Epstein then left the room and got dressed. She went back downstairs where she met III, an t e unknown white female. admitted to getting paid three hundred dollars in cash from EMI. ' Before they left, Epstein asked to leave her phone number. As they were leaving the house as ed what had happened and how much she was paid. stated seemed upset or al us when she told her that s e received t ree hundred dollars. IIIII stated received onlyS2 hundred dollars that day. stated that she believed I'll. was paid two hundred dollars or bringing her. III. told that if they do this every Saturday, they could be rich; agreed. They then went shoppin thou h she is not sure where. Posse ly at TJ Maxx or Marshall's. stated she never saw a ain as she got into the fight a sc ool. She had not spoken wit either as her mother took away her cell phone. I asked i i if she was aware of any video equipment while she was in the room. .e stated no. EFTA00176276 Date: 2/17/06 PALM BEACH POLICE DEPARTMENT Page: 16 Time: 11:36:35 Incident Report Program: CMS301L Case No 1-05-000368 (Continued) stated she was afraid that would retaliate against her or er amily if she ever went to the po ice regarding the incident. stated that her father's vehicle was recently vandalized. admitted to teiiiii what had happened with Epstein. According to ecame angry and upset, punchin a hole in the wall. guessed that it was who told about the incident, and now there were rumors in school about and what she did with Epstein. I then talked to about truths and lying. We talked about the color sweater she was wearing. denied having sexual intercourse with Epstein. She denie touching his penis. again admitted to observing 'Epstein masturbate. agreed to cooperating with the police department and advised helilc iihe families' as well as phone call to in a controlled setting. I met with willingness to cooperate with this investigation. Copies interview were placed into evidence. in placing a Ms. Backs of this I made contact with , I advised her briefly of my investigation. She was aware of the incident and stated that she overheard a portion of a conversation that her daughter was having with a boy named Zack. Hernandez stated that it was her opinion that both girls liked Zack. Hernandez recalled hearing her daughter calling a whore. Hernandez admitted that she did not listen to the entire conversation but did confront her daughter about it Sheena told her mother that something to the effect that had slept with an older man for money. Hernandez stated that she would not object to me speaking with her daughter. It was Hernandez s belief that everyone in the school may have known about this because of the fight that her daughter Sheena and gotten into. I reminded Hernandez that this was an ongoing investigation and requested she not discuss the fact that I had contacted her. She agreed. On 03/16/2005, PBSO Sgt. left a message that he was returning my call. I spo e wit Keen and discussed the case with him and inquired if he had any open allegations or cases where the suspect resided in Palm Beach. Keen stated he was unaware of any. Keen offered any assistance if needed. Keen stated it was his experience that due to the age of the parties involved, it would be difficult to interview them and expect the investigation be confidential. Because of the time delay, there was no need indicated that the victim should be taken to a medical facility for a physical for the purpose of obtaining evidence. There'was also no need to take her to CPT as she was already in a juvenile facility, with an assigned therapist, in which coordinating a day and time to obtain a statement could be made. On 03/17/2005, I queried Jeffery Epstein on the internet and obtained EFTA00176277 Date: 2/17/06 PALM BEACH POLICE DEPARTMENT Page: 17 Time: 11:36:35 Incident Report Program: CMS301L Case No 1-05-000368 (continued) a hoto of Epstein to be used in a photo line up. I met with IIII at which time she viewed the photo line up. She immediately recognized Epstein and pointed to him. (Position #5) IIIIIIII signed the photo line up under Epstein s picture. This signed ine up was placed into evidence. On 03/18/2005, I met with at her residence for the purpose of placing a controlled call to . spoke with and asked if she could arrange another meetirilkilJeff. stated that she would have to call him and make the arrangements. A copy of this conversation was placed into evidence. 03/19/2005, I s oke with and advised that ettestate to visit uncle. is sc e uled to return to Florida on 03/27/2005 and was with her aunt and 03/21/2005, I coordinated with PB BSF Unit and OCVAN to initiate surveillance on 358 El Brillo. 03/21/2005, Coordinated with Det. regarding trash pulls from 358 El Brillo. On this same date I ca. to schedule an appointment to speak with . She stated the school guidance counselor was reluctant toile police presence at the school. I assured her that I would respond to the school in civilian clothes and an unmarked vehicle. called me back and advised that I did not need to make an appointment to see I received a return phone call from stating that would be attending the family therapy sessions with I received messages from I conducted a computer query on Epstein. The results of this query indicated the most recent driver s license on file for Epstein was for the state of Florida, which had expired. A cross reference of Epstein s residence, 358 El Brillo, Palm Beach, revealed the following affiliated names: 02/21/1985, Mark L. Epstein, w/m III 07/14/1954, & Ghislaine N. Maxwell, uk/f, III 12/25/1961. A computer query for both returned no history. On 03/23/2005, I spoke with cell phone wk . I requested that she not discuss the incident with anyone inc u ing her daughter Fill as I did not want the investigation compromised. I was told at t is time that III!' and have not been getting along due to the fact that IIIII has ecided to continue living with her father. On 03/29/2005, I placed telephone calls to both the and residences requestihg to speak with them rellirithe EFTA00176278 Date: 2/17/06 Time: 11:36:35 PALM BEACH POLICE DEPARTMENT Incident Report Page: 18 Program: CMS301L Case No • 1-05-000368 (Continued) investi ation. I received return phone calls from Mrs. and Mrs. and