Ilafana, Ann Marie C. (USAFLS)

Ilafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 20081:35 PM To: Richards, Jason R.; Kuyrkendall, E N. Subject: RE: DOBs Hi guys - sorry to bother you. On some of the new girls I don't have dobs. (the 302 says her dob is (and do we have a phone number?) Have you guys ever talked to or F Should I include them? A. Marie Villafaiia Assistant U.S. Attorney 561 209-1047 1679 08-80736-CV-MARRA P-014607 EFTA00225102 Villafana, Ann Marie C. (USAFLS) From: Villatrine, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 2008 1:21 PM To: Richards, Jason R. Subject: RE: Epstein Indictment Ili Jason — I didn't send the indictment yet. I was just asking for input on who to include and who to exclude. How old was when she went with 4. Mark Vilkflitaa Assistant U.S. Attorney 561 209- I 047 From: Richards, Jason R. Sent: Thursday, February 14, 2008 1:00 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Indictment Hey Marie, n There was no indictment attached to your email. Can you send it again. In addition to the two calls from phone 4/23/04 at 1:35 pm and 5/2/04 at 10:32 am, we have two telephone calls from to (Andrlano's boyfriend) telephone on 03/04/2004 at 9:46 am and 2:30 pm. Message pads reflect 10 messages from beginning 03/11/2003 ending 03/01/2006. Individuals Identified as taking the messages are Evelyne, Michajligla, and Alfredo Rodriguez. From: Villafana, Ann Mane C. (USAFLS) [Ann.Marle.C.Villafana@usdoj.gov) Sent: Thursday, February 14, 2008 11:41 AM To: Kuyrkendall, E N.; Richards, Jason R. Subject: RE: Epstein Indictment FYI — Tell me what you think. Also, can you pull the messages from what the dates are and who took the messages? Thanks. And am I correct that we have only two phone calls with a 4/23/04 and 5/2/04 .4. Marie Vilhiliiiia Assistant U.S. Attorney 56I 209-1047 From: VIllatana, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 2008 11:22 AM To: Braden, Myesha Subject: Epstein Indictment 1678 and see if you can tell 08-80736-CV-MARRA P-014608 EFTA00225103 Hi Myesha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk about which girls we should drop. M With to t e I other girls brought by M, here are my thoughts. We c and S. and L. are the girls who have filed lawsuits. I have excluded them. very easily. Both only gave I or 2 massages and did not disclose their ages. S. is a good witness because she shows that, if you aren't willing to do more sexual activity, Epstein stops the massage and doesn't want to see you anymore. She seems like someone whom we could get in as 404(b) because the probative nature outweighs its presudice. I think we should drop P. because 1 don't believe she will ever be completely truthful about the amount of sexual activity that occurre . (She is the girl that one of the witnesses described as "a virgin on graduation day.") That only leaves , the soccer player who cried for the entire interview. I think that she may be worth kcepin ,. We have suc 'good documentary evidence related to her — message bads, car ren rs, 156 calls with , and 2 calls with (we have very few phone calls with , so this is key). What do you think? A. Marie Villafaila Assistant U.S. Attorney 561 209-1047 1679 08-80736-CV-MARRA P-014609 EFTA00225104 Villafana, Ann Marie C. (USAFLS) From: Richards, Jason R. Sent: Thursday, February 14, 2008 1:00 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Epstein Indictment Hey Marie, There was no indictment attached to your email. Can you send it again. In addition to the two calls from phone 4/23/04 at 1:35 pm and 5/2/04 at 10:32 am, we have two telephone calls from to (Andriano's boyfriend) telephone on 03/04/2004 at 9:46 am and 2:30 pm. Message pads reflect 10 messages from beginning 03/11/2003 ending 03/01/2006. Individuals Identified as taking the messages are Evelyne, Michae , Louella, and Alfredo Rodriguez. From: Villafana, Ann Marie C. (USAFLS) [Ann.Marle.C.VIllafana@usdoi.gov] Sent: Thursday, February 14, 2008 11:41 AM To: Kuyrkendall, E N.; Richards, Jason R. Subject: RE: Epstein Indictment FYI - Tell me what you think. Also. can you pull the messages from what the dates arc and who took the messages? Thanks. And am I correct that we have only two phone calls with 4/23/04 and 5/2/04 A. Marie Villafitha Assistant U.S. Attorney 561 209-1047 and see if you can tell From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 2008 11:22 AM To: Braden, Myesha Subject: Epstein Indictment Hi Myesha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk about which girls we should drop. and arc the girls who have filed lawsuits. I have excluded them. With respect to the other girls brought by , here are my thoughts. We can and S. very easily. Both only gave I or 2 massages and did not disclose their ages. S. is a good witness because she shows that, if you aren't willing to do more sexual activity, Epstein stops the massage and doesn't want to see you anymore. She seems like someone whom we could get in as 404(b) because the probative nature outweighs its pr "e. I think we should drop P. because I don't believe she will ever be completely truthful about the amount of sexual activity that occurre . (She is the girl that one of the witnesses described as "a virgin on graduation day.") That only leaves , the soccer player who cried for the entire interview. I think that she may be worth keeping. We have sue good documentary evidence related to her — message pads, car rental records, 156 calls 1686 08-80736-CV-MARRA P-014610 EFTA00225105 with , and 2 calls with key). What do you think? A. Mark Villajaffa Assistant U.S. Attorney 561 209-1047 (we have very few phone calls with , so this is 1687 08-80736-CV-MARRA P-014611 EFTA00225106 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Braden, Myesha Thursday, February 14, 2008 12:37 PM Villafana, Ann Marie C. (USAFLS) RE: Epstein Indictment I'm not supposed to be involved in tantive decisions until I get word from 'on high'. However, my general thoughts are that you are correct. e of th vidence and will be a good witness, although a reluctant one. Am I correct to assume a A. and A. are still in? Their past history of commitment will have to be dealt with and it won't be easy, bu agree that 1 ey s ould be left in. The fact that their commitments were post-Epstein is good but his attorne s are going to try to destroy them. Is Felecia in as well? I thought that she was truthful. What about Marie C. (USAFLS) (mailto:Arin.Marie.C.Villafana@usdoj.gov1 et.Pluary14, 2008 11:22 AM To: Braden, Myesha Subject: Epstein Indictment Hi Mycsha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk about which girls we should drop. and Michelle L. are the girls who have filed lawsuits. I have excluded them. With respect to the other girls brought by here are my thoughts. We can dro and S. very easily. Both only gave I or 2 massages and did not disclose their ages. ood because she shows that, if you aren't willing to do more sexual activity, Epst the massage and doesn't want to see you anymore. She seems like someone whom we could get in as 404(6) because the probative nature outweighs its prejudice. I think we should drop P. because I don't believe she will ever be compjetely truthful about the amount of sexual activity that occurre . (She is the girl that one of the witnesses described as "a virgin on graduation day.") , and 2 calls with with st ood docu (we have very few phone calls with lated to her — message pads, car rental records, 156 calls , so this is That only leaves R the soccer player who cried for the entire interview. I think that she may be worth keepi key). What do you think? A. Marie Villafafta Assistant U.S. Attorney 561 209-1047 1690 08-80736-CV-MARRA P-014612 EFTA00225107 Villafana, Ann Marie C. (USAFLS) From: ViHelena, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 2008 11:41 AM To: Kuyrkendall, E N.; Richards, Jason R. Subject: RE: Epstein Indictment FYI — Tell me what you think. Also, can you pull the messages from Andriano and see if you can tell what the dates are and who took the messages? Thanks. And am I correct that we have only two phone calls with ? 4/23/04 and 5/2/04 A. Mune Villufinia Assistant U .S. l Attorney 561 209- I 047 From: VIllafana, Ann Marie C. (USAFLS) Sent: Thursday, February 14, 2008 11:22 AM To: Braden, Myesha Subject: Epstein Indictment Hi Myesha — Our server was down for a few hours this morning, so I am very behind on my revisions. I wanted to talk about which girls we should drop. and L. are the girls who have filed lawsuits. I have excluded them. With respect to the other girls brought by here are my th e can drop and S. very easily. Both only gave I or 2 massages and did not disclose their ages. S. is a good witness because s e shows that, if you aren't willing to do more sexual activity, Epstein stops the massage and doesn't want to see you anymore. She seems like someone whom we could get in as 404(b) because the probative nature outweighs its prejudice. I think we should drop P. because I don't believe she will ever be completely truthful about the amount of sexual activity that occurred. (She is the girl that one of the witnesses described as "a virgin on graduation day.") That only leaves Me the soccer player who cried for the entire interview. I think that she may be worth kee in . We have such go documentary evidence related to her — message pads car rental records, 156 calls with and 2 calls with (we have very few phone calls with , so this is key). What do you think? A. Marie Maio& Assistant U.S. Attorney 561 209-1047 1702 08-80736-CV-MARRA P-014613 EFTA00225108 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, February 12, 2008 4:33 PM To: Kuyrkendall, E N. Subject: Telephone numbers Can you e-mail me your summary chart, too? The Excel spreadsheet. Thanks. A. Marie Viflair:nu Assistant U.S. Attorney 561 209-1047 1713 08-80736-CV-MARRA P-014616 EFTA00225109 Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Villafana, Ann Marie C. (USAFLS) Tuesday, February 12, 2008 3:19 PM Kuyrkendall, E N. Telephone charts and phone records Hi Nesbitt — get tf ment package finalized. C - ' to me the final telephone charts for all of the girls and and Also, do you have all of records electronically? Maybe we can search for phone numbers for some of the new girls, even though we don't ave t eir phone records yet. Also, can you check on the lead to New York? Ideally, I would like to turn the package in on Thursday, so I need to know if we can include any of those girls. When you have a chance, please give me a call. I am in the U.S. Attorney's Office — 561-209-1021. A. Marie Male& Assistant U.S. Attorney 561 209-1047 1717 08-80736-CV-MARRA P-014618 EFTA00225110 Villafana, Ann Marie C. (USAFLS) From: Oosterbaan, Andrew Sent: Thursday, February 21, 2008 11:26 AM To: Villafana, Ann Marie C. (USAFLS); Senior, Robert (USAFLS); Sloman, Jeff (USAFLS) Cc: Mandelker, Sigel; Braden, Myesha Subject: RE: Epstein update I just got off the phone with Jay Leficowitz. It was a positive conversation centered mostly on what role they expect CEOS to be playing when they meet with us. I told him that all I want to do is help the process move forward, and if they think we best help the process by taking a fresh and objective look at the case and their arguments than that is what I want to do. I told him that if that's what they want - if that is what will help the process to move forward - then I don't think it's advisable for CEOS to partner with the USA° on the case. He wants to think about that (and probably talk to gjAgo- counsel about whether it is better to have us partnered in the case or just serve a review function) and he said get back to me later today. He said he's ready to set the meeting quickly. I'll let you know. Marie — I don't think we need the FBI either way. If someone disagrees, please let me know. I can ask for Jay's position on that as well if you like. From: Villafana, Ann Marie C. (USAFLS) [mallto:Ann.Marle.C.VIllafana@usdoj.gov] Sent: Thursday, February 21, 2008 10:42 AM To: Oosterbaan, Andrew Subject: RE: Epstein update Hi Drew - Thank you for the update. Do you want an FBI presence at any meeting you set up? I can ask the SAC if he wants to attend (or if he wants someone higher tip to attend). Please just let me know. Thank you. A. Marie Viiialana Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Wednesday, February 20, 2008 3:50 PM To: Senior, Robert (USAFLS); Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha Subject: RE: Epstein update Just to update — I have a call into Lefkowitz. but I haven't heard back from him. I'll try him again tomorrow If he hasn't called back by then. From: Senior, Robert (USAFLS) [mailto:Robert.Sentor@usdpl.gov] Sent: Wednesday, February 20, 2008 3:42 PM To: Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: RE: Epstein update 1saa EXHIBIT B-111 08-80736-C V-MARRA P-014574 EFTA00225111 I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. Thank you. A. Marie Villafalla Assistant U.S. Attorney 561 209-1047 1589 08-80736-CV-MARRA P-014575 EFTA00225112 Villafana, Ann Marie C. (USAFLS) From: Villafana. Ann Marie C. (USAFLS) Sent: Thursday, February 21, 2008 11:21 AM To: Braden, Myesha Subject: FW: Epstein update Iii Mycsha -- Do you think we have a chance? I have fora• hours reserved with the grand jury on March I wanted to try to do it sooner, but I think this is going to take a while. Can you come on the I In'? I have been super-depressed about this — my poor secretary thinks I have turned into a I just can't help feeling that I am doing all of this work kw nothing. 4. Marie Villeflaila Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. Fl. 33401 Phone 561 209.1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Wednesday, February 20, 2008 3:50 PM To: Senior, Robert (USAFLS); Villafana, Am Marie C. (USAFLS); Garda, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha Subject: RE: Epstein update Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow if he hasn't called back by then. From: Senior, Robert (USAFLS) [maIlto:Robert.Senior@usdoj.gov] Sent: Wednesday, February 20, 2008 3:42 PM To: Villafana, Ann Marie C. (USAFLS); Garda, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: RE: Epstein update I thought the pros memo and indictment that I read were goad. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robert (USAFLS); Garda, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. 1592 08-80736-CV-MARRA P-014576 EFTA00225113 Thank you. A. Marie Vil!aloft Assistant U.S. Attorney 561 209-1047 1593 08-80736-CV-MARRA P-014577 EFTA00225114 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, February 21, 2008 10:42 AM To: Oosterbaan, Andrew Subject: RE: Epstein update fli Drew — Thank you for the update. Do you want an FBI presence at any meeting you set up? I can ask the SAC if he wants to attend (or if he wants someone higher up to attend). Please just let me know. Thank you. A. Ala& Viiigfinla Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Wednesday, February 20, 2008 3:50 PM To: Senior, Robert (USAFLS); Villafana, Ann Mane C. (USAFIS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha Subject: RE: Epstein update Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow if he hasn't called back by then. From: Senior, Robert (USAFLS) (mallto:Robert.Senlor@usdoj.gov] Sent: Wednesday, February 20, 2008 3:42 PM To: Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: RE: Epstein update I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. Thank you. 1596 08-80736-CV-MARRA P-014578 EFTA00225115 A. Marie Villafafta Assistant U.S. Attorney 561 209-1047 • 1597 08-80736-CV-MARRA P-014579 EFTA00225116 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday. February 21, 2008 10:35 AM To: Kuyrkendall, E N.; Richards, Jason R.; Santiago. Alan (LEO) Subject: FW: Epstein update FYI - Still don't kno‘‘ what is going to happen. but at least there finally is movement. A. Marie riikViala Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Oosterbaan, Andrew Sent: Wednesday, February 20, 2008 3:50 PM To: Senior, Robert (USAFLS); Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, )eff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha Subject: RE: Epstein update Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow if he hasn't caned back by then. From: Senior, Robert (USAFLS) [mallto:Robert.Senior@usdoj.govj Sent: Wednesday, February 20, 2008 3:42 PM To: VIllafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: RE: Epstein update I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it. From: VIllafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. Thank you. A. Marie Villafana 1600 08-80736-CV-MARRA P-014580 EFTA00225117 Assistant U.S. Attorney 561 209-1047 1601 08-80736-CV-MARRA P-014581 EFTA00225118 Villafana, Ann Marie C. (USAFLS) From: Oosterbaan, Andrew Sent: Wednesday, February 20, 2008 3:50 PM To: Senior, Robert (USAFLS); Villafana, Ann Marie C. (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha Subject: RE: Epstein update Just to update — I have a call into Lefkowitz, but I haven't heard back from him. I'll try him again tomorrow If he hasn't called back by then. From: Senior, Robert (USAFIS) [mallto:Robert.Senlor@usdoj.gov] Sent: Wednesday, February 20, 2008 3:42 PM To: VIHelena, Ann Marie C. (USAFLS); Garcia, Rolando (USAFIS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: RE: Epstein update I thought the pros memo and indictment that I read were good. We talked about rearranging and thinning out the overt acts in order to clarify the particular conduct. There were a few other smaller changes as well, but unless there are major changes to the pros memo or indictment that I reviewed, I will wait for Karen and Rolando to have a crack at it. From: VIHelena, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robert (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. Thank you. A. Marie Villafafla Assistant U.S. Attorney 561 209-1047 1612 08-80736-CV-MARRA P-014582 EFTA00225119 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 20, 2008 3:19 PM To: Senior, Robed (USAFLS); Garcia, Rolando (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Braden, Myesha; Oosterbaan, Andrew Subject: Epstein update Bob and Rolando — Just wanted to let you know that I gave the indictment package to Karen yesterday. If you want a preview before her edits, or if you just want to start reading the pros memo, please let me know. Thank you. A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Tracking: 1619 08-80736-CV-MARRA P-014583 EFTA00225120 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: ay, February 25, 2008 11:24 AM To: , Caroline (USAFLS) Subject: : uestion regarding use of Grand Jury Thank you. Caroline. It is most appreciated. A. Marie rillalitna Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Caroline (USAFLS) Sent: Mon ay, February 25, 2008 11:23 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Question regarding use of Grand Jury Marie: I see no need to change grand juries. Indeed, changing grand juries might suggest that something untoward occurred, which is not the case. Nor do I see a requirement to give a 404(6) type instruction. Let's not forget that the role of the grand is to investigate, and it is wholly appropriate that a grand jury in good faith pursued a line of investigathin that does not lead to indictment. That is a very different matter from presenting information pursuant to 404(b), to prove motive, lack of accident, etc. I share your instinct that just dropping six victims, and the draft proposed indictment, might call for some explanation, or at least acknowledgement, to the grand jury. It's always dicey, and not really desirable, to explain and share legal strategies with the grand jury. Perhaps you can simply tell them that the old draft proposed indictment is being withdrawn, and a different set of facts is being pursued, and ask them if they can set aside what they heard previously, and base a determination of probable cause solely on the new evidence. If any of them indicate inability to do so, perhaps they should be excused from consideration of this case; if that leaves you without a quorum, then you have a basis to go to a new grand jury.' I hope this helps; I'm available by phone as well. Carcrlime., EXHIBIT B-112 1546 08-80736-CV-MARRA P-014623 EFTA00225121 From: Vlllafana, Ann Marie C. (USAFLS) Sent: Monday, February 25, 2008 9:59 AM To: Miller, Caroline (USAFLS) Subject: Question regarding use of Grand Jury Hi Caroline — I have received two conflicting points of view regarding this question, so I thought 1 should ask the expert. Here is my situation: I have been involved in a long-term investigation of a child exploitation case. Throughout the investigation, I have presented evidence and testimony to Grand Jury A. Some of that evidence and testimony related to six victims (of a total of 19 victims), including the live testimony of one of those victims. I also began presenting evidence related to what I called a "draft proposed indictment." For various reasons, the indictment has been delayed about 9 months. And, for other strategic reasons, we have decided to drop the six victims referenced above, and replaced them with a different six victims. The question is now raised as to whether I should continue presenting to Grand Jury A, with a 404(b)-type instruction related to the evidence of the six dropped victims and some sort of instruction regarding the initial "draft proposed indictment", or whether I should present to Grand Jury B, excluding any testimony regarding those six victims. One other consideration — Grand Jury A is due to expire in August, and I anticipate that the investigation will continue for quite some time after indictment. It is possible that the 6 dropped victims will be re-added in a superseding indictment. Thank you. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 1547 08-80736-CV-MARRA P-014624 EFTA00225122 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, February 25, 2008 12:00 PM To: Sloman, Jeff (USAFLS); Senior, Robed (USAFLS); Garcia, Rolando (USAFLS); Atkinson, Karen (USAFLS) Cc: Braden, Myesha ,. Subject: Epstein all - I wanted to raise an issue with you regarding the presentation of the Epstein indictment. I have been A the West Palm Beach Tuesday grand jury in the past, which has included presentation of testimony from R. and agent testimony regarding girls who will no longer be referenced in the indictment. I have conferred with Karen Atkinson and Caroline Heck regarding whether to stay with the same grand jury or present to a different grand jury. They agree that I should present to the same grand jury with some sort of instruction regarding not relying on evidence/testimony regarding those girls. That is my intention. I would like to present on March I I Lb. Epstein will be in town on March 10th for his state court hearing and hopefully we will be able to keep track of his whereabouts until the following day. Karen is reviewing the package now, so it should be in Miami by Monday, March 31 Also, I invited Myesha to be present for the grand jury proceedings, but she is waiting to hear from Alice and Drew about her level of involvement in the case. She is available on that dater so, if Alice and Drew decide about this, she will be able to attend. Thank you. A. Mark Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820.8777 EXHIBIT B-113 Tracking: 1542 08-80736-CV-MARRA P-014628 EFTA00225123 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, February 26, 2008 10:05 AM To: Braden, Myesha Subject: Epstein Hi Myesha — I won't even tell you about how today is starting off badly on this case (politics, of course, not facts). But, in any event, the word is that CEOS is going to undertake an "independent review" of the case and meet with Epstein's attorneys some time next week. My supervisor is finishing the review of the indictment package and I know she caught some typos. When I finish those revisions, I will e-mail to you the entire indictment package, and you can find out what Drew wants to look at. I have one real concern, however. As you know, there are several girls that are still unknown to the defense. I want to avoid any possibility that those names might be disclosed. Should I redact the names of all of the girls from the pros memos that I send to you? Thank you, Myesha. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1520 EXHIBIT I3-114 08-80736-CV-MARRA P-014629 EFTA00225124 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, February 28, 2008 8:41 AM To: Sloman, Jeff (USAFLS) Cc: Senior, Robed (USAFLS) Subject: RE: Confidential Why would we possibly let him keep the same deal after all he has put us through? And after we have discovered 6 new girls, plus another 3 probable victims in New York? A. Mole VillafaAa Assistant 11.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. FL. 33401 Phone 561 209-1047 Fax 561 820.8777 From: Sloman, Jeff (USAFLS) Sent: Tuesday, February 26, 2008 9:34 AM To: Senior, Robert (USAFLS); VIllafana, Ann Marie C. (USAFLS) Subject: Confidential FYI From: Stoman, Jeff (USAFLS) Sent: Monday, February 25, 2008 7:43 PM To: JLetkowitz@kirkland.com Cc: Oosterbaan, Andrew Subject: Epstein Jay, The Section Chief of DOJ's Child Exploitation Obscenity Section (CEOS) notified me today that he will review the matter involving your client Jeffrey Epstein. The Section Chief has indicated that he is ready to proceed immediately, and I understand you are in the process of providing him this week with a summary of issues to be reviewed, and expect to meet with him next week. The Section Chief also indicated that you would be calling this Office regarding the upcoming March 3, 2008 court date in the Fifteenth Judicial Circuit, in and for Palm Beach County. As you know, the Agreement entered into by your client originally provided that the United States 1522 08-80736-CV-MARRA EXHIBIT B-11S P-014630 EFTA00225125 Attorney's Office for the Southern District of Florida (this Office) would defer prosecution if your client pled guilty to enumerated state charges by October 26, 2007. Since then, that date has been postponed for a number of reasons. At this juncture, it would not be reasonable to keep the current March 3I date as a deadline for compliance with the Agreement. That said, this Office is very concerned about additional delays. Despite this concern, I want to assure you that if counsel for Mr. Epstein meets with CEOS next week (the week of March 31, this Office will extend the time for compliance with the Agreement to provide CEOS time to engage in a thorough review. It goes without saying that in the event that CEOS decides that a federal prosecution should not be undertaken against Mr. Epstein, this Office will close its investigation. However, should CEOS disagree with Mr. Epstein's position, Mr. Epstein shall have one week to abide by the terms and conditions of the September 24, 2007 Agreement as amended by letter from United States Attorney Acosta to Jay Lefkowitz. Jeffrey H. Sloman First Assistant U.S. Attorney Southern District of Florida • • Tracking: 1523 08-80736-CV-MARRA P-01463I EFTA00225126 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, February 27, 2008 4:28 PM To: Weinstein, David (USAFLS) Cc: Senior, Robert (USAFLS) Subject: RE: To the Civil Rights Chief That is fine. Just please send a copy to me for my file. A. Marie Villafaha Assistant U,S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Original Message From: Weinstein, David (USAFLS) Sent: Wednesday, February 27, 2008 4:22 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Senior, Robert (USAFLS) Subject: Re: To the Civil Rights Chief Bob, Jeff, Alex and I discussed this yesterday. Jeff made some edits to your proposed letter and wants to send it out under Bob's signature. Bob have you had a chance to review Jeff's email? Original Message From: Villafana, Ann Marie C. (USAFLS) To: Weinstein, David (USAFLS) Cc: Senior, Robert (USAFLS) Sent: Wed Feb 27 16:16:36 2008 Subject: RE: To the Civil Rights Chief Hi David -- Have you had a chance to talk to Bob about this? I think my window is close to "opening" and I don't want the bad guys to come up with another reason for delay. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 EXHIBIT B-116 1499 08-80736-CV-MARRA P-014632 EFTA00225127 Original Message From: Weinstein, David (USAFLS) Sent: Thursday, February 21, 2008 5:03 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Subject: Re: To the Civil Rights Chief Timing is everything. Right now I am at the NAC attending the Criminal Civil Rights Seminar. Your letter seems to cover everything, but I want to chat with Bob about it before we send it out. It should probably be addressed to Stephan Curran, who is the Deputy assigned to cover our District. Bob and I can talk Monday when I get back and we can send out the letter. Since Drew's shop is involved and has been for a while, they will hopefully agree with our/your conclusion. DSW Original Message From: Villafana, Ann Marie C. (USAFLS) To: Weinstein, David (USAFLS) Cc: Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Sent: Thu Feb 21 15:56:01 2008 Subject: To the Civil Rights Chief Hi David - I was just perusing the U.S. Attorney's Manual looking for an answer on another case and I noticed that Section 9-75.030 (regarding Coordination of Child Sex Abuse cases) says that cases involving violations of 18 USC 1591 (related to child sex trafficking) are supposed to be coordinated with CEOS and the Civil Rights Division. According to Section 8-3.120, prior to presentation to the grand jury, the U.S. Attorney is supposed to advise the Civil Rights Division in writing of the following: (a) Identity of the targets of the investigation; (b) The factual allegations to be investigated; (c) The statutes which may have been violated; (I) The United States Attorney's assessment of the significance of the case and whether the case is one of "national interest," and (e) The U.S. Attorney's proposed staffing of the matter (including whether a Civil Rights Division attorney should be assigned to work directly on the matter). Here is my proposal for such a written notification: Dear : Pursuant to USAM Section 8-3.120, I write to inform you of an ongoing investigation of a child exploitation matter that may result in charges of violet' targe. estiga '— t pstein, and a/k/a The inves'iga on as revea ed a effrey pstein would use hiss 1500 08-80736-CV-MARRA P-014633 EFTA00225128 assistants (Kellen, Marcinkova, and to arrange appointments with minors to engage in commercial sexual activity. ommunications were made via telephones. Once appointments were made, Epstein would travel to the Southern District of Florida, where he maintained a residence, and the minors would travel to his home in Palm Beach where the sexual activity would occur. The Office anticipates charges of violations of Title 18, united States Code, Sections 371, 2422, 2423, and 1591. The investigation of the case by the City of Palm Beach Police Department has resulted in press coverage because of the titillating nature of the facts, but we see this case as similar to other "sex tourism" cases charged by our office, and not a matter of "national interest" as' defined by the U.S. Attorney's Manual. With respect to staffing, the Office has consulted with the Child Exploitation and Obscenity Section, and we anticipate that the case will be staffed by at least one Assistant United States Attorney from our West Palm Beach office and at least one CEOS Attorney. If we determine that the case should be presented for an indictment, a copy will be provided to you. David - If you need any more info, please let me know. Also, the indictment is currently being reviewed by my supervisor. If you want to send the draft to Civil Rights now, please let me know. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 1501 08-80736-CV-MARRA P-014634 EFTA00225129 Villafana, Ann Marie C. (USAFLS) From: Kuyrkendall, E N. Sent: Thursday, February 28.2008 4:34 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: A fun task We made contact w ny girl. Ny agent to set up interview for next week. Sorry haven't made it over there yet, I'm hoping to finish up qp the GJSs soon. Original Message From: Villafana, Ann Marie C. (USAFLS) <Ann.Marie.C.Villafana@usdoj.gov> To: Kuyrkendall, E N.; Richards, Jason R. Sent: Thu Feb 28 16:07:12 2008 Subject: A fun task Hi guys - I am still wading through these FedEx records. There are a lot of shipments from "The Art of Women" in Haleiwa, Hawaii. I was able to access their MySpace page and he claims to be a photographer for "aspiring models." He invites aspiring models to visit his website, www.artofwomen.com <http://www.artofwomen.com> , but I cannot access it because DO) blocks me. Can you try? Also, someone from JE's office sent a package to Chiko Hoge, U.S. Secret Service, in Honolulu. It looks like it was around thetime that JE took Clinton to Africa. Dave Rogers also sent a package to "Inspector Lewis, U.S. Customs Service, 1210 Corbin Street, Elizabeth, NJ 07201" There were a lot of packages to Karin Models/MC-squared. name appears as the pers e packages a lot, do we know if sesz works for JE? What about Any word from FBI New York? Thanks. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 1484 EXHIBIT 13.117 08-80736-CV-MARRA P-014650 EFTA00225130 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, February 29, 2008 4:09 PM To: Senior, Robed (USAFLS); Sloman, Jeff (USAFLS); Weinstein, David (USAFLS) Subject: More good evidence Hi guys — Another New York girl has been identified and will be interviewed next week. We also have FedEx records corroborating a girl who saw Epstein (and received a gift from him) when she was 15. I have e-mailed CEOS about additional information in preparation for their meeting but have received no response. 1.don't know whether I should send them info about the additional girls (to show how this case continues to grow, and has become multi-state) or not send the info to avoid an unintentional leak to Epstein's lawyers. I also wasn't sure whether you guys heard that parents have voluntarily dismissed their case against Epstein. According to the papers here no money changed hands, but it seems unlikely. I will be issuing a subpoena for her deposition transcript. Can someone give me an update? Thank you. A. Marie Vil Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 EXHIBIT B.-118 Tracking: 1474 08-80736-CV-MARRA P-014655 EFTA00225131 Villafana, Ann Marie C. (USAFLS) From: Kuyrkendall, E N. Sent: Wednesday, March 12, 2008 9:50 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Affidavit Attachments: AttachmentA; flashcardsw.aff Marie, Hey, here Is a rough and do I mean rough copy of the affidavit for the memory cards. Let me know what you think, it seems pretty thin. I did not know If you wanted all of the '4" and "A" passages but I Included it. I did not include A.H. at the bath tub because we are unsure of her age at the time the photo was taken (I am going to recheck to make sure). Paragraphs we need to add and I was hoping you might have - the characteristics of someone who is a collector of Child Pornography and any more technical verbiage regarding the forensic examination. I also did not do an Attachment B(typIcally the items we will be searching for ???). Text me on a time you would like me at your office and I will be there. I will be spending the day in our conference rooming prepping for GI Think about this SW - I guess I. think It Is pretty bad but I am to tired tonight to try and start over.(not sure if there is enough PC) p.s. Jason Is also concerned because he believes he reviewed the flash cards some time ago and now It appears we may not have had legal means. EXHIBIT 13-119 1370 08-80736-CV-MARRA P-014717 EFTA00225132 AO 93 IRev. 5185) Search Warrant United States District Court SOUTHERN DISTRICT OF FLORIDA In the Matter of the Search of (Name, address or brief description of property or premises to be searched) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation SEARCH WARRANT CASE NUMBER 08-8067-LRJ TO: E. NESBITT KUYRKENDALL, FEDERAL BUREAU OF INVESTIGATION , and any Authorized Officer of the United States: Affidavit(s) having been made before me by E. Nesbitt Kuvrkendall who has reason to Alliant believe that E] on the person of or Ed on the premises known as (name, description andfor location) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation, 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the SOUTHERN lit of FLORIDA there is now concealed a certain person or property, namely Me parson or Priseer49 the electronic information contained in that CompactFlash memory card, which is property that constitutes evidence of the commission of a criminal offense, instrumentalities of such violations; and any fruits of those crimes, that is, violations of 18 U.S.C. 44 371, 1591, 2252, 2252A, 2422, and 2423. I am satisfied that the affidavit(s) and any recorded testimony establish probable cause to believe that the person or property so described is now concealed on the person or premises above-described and establish grounds for the issuance of this warrant. YOU ARE HE OMMANDED to search on or before he person or making the search (' ale cause has been estaS (Date) e person or property specified, serving this warrant Hat any time in the day or night as I find operty be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the duty Magistrate Judge as required by law. WEST PALM BEACH. FLORIDA City and State LINNEA R. JOHNSON United States Ma, 'strata Name and Title of Judicial Of EXHIBIT 13-120 EFTA00225133 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL This matter comes before the Court upon the United States' Motion to Seal the documents related to its Search Warrant Application. The Court being fully apprised in the premises, orders that the motion is hereby GRANTED. DONE AND ORDERED in chambers, in West Palm Beach, Florida, this / 7 day of March, 2008. cc: A. Marie Villafana, AUSA LINNEA R. JOHNS() UNITED STATES.JvfAGISTRATE JUDGE '.0 EFTA00225134 (Rm. 06/2005)Seakd Document Du king Form UNITED STATES DISTRICT COURT Southern District of Florida Number: 08-8067-LRJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Party Filing Matter Under Seal On behalf of (select one): Name: A. Marie Villalana. U.S. Attorneys Oleos Address: 500 S. Australian Ave, Siete 400, West Palm Beach, FL 33401 Telephone: 561 820-8711 Date sealed document filed: 3/1712008 1:1 Plaintiff 0 Defendant If sealed pursuant to statute, cite statute: Fed. R. Crim. P. 6(e) (Grand Jury Material) If sealed pursuant to previously entered protective order, date of order and docket entry number: The matter should remain sealed until: K Conclusion of Trial 0 Arrest of First Defendant 1:1 Case Closing 0 Conclusion of Direct Appeal K Other: 0 Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the filed matter should be (select one): El Unsealed and placed in the public portion of the court file Destroyed K Returned to the party or counsel for the party, as identified above Attorney for. Movani l nited Stales o rice EFTA00225135 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Search Warrant for the following reasons: 1. The attached documents contain information relating to an ongoing grand jury investigation; thus, pursuant to Fed. R. Crim. P. 6(e)(6), all records and orders related to the grand- jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before the grand jury. 2. Public disclosure of this matter would jeopardize the criminal investigation, notify potential subjects and/or targets and undermine the public interest and the function of the grand jury. WHEREFORE, the United States respectfully requests that the aforementioned documents be sealed. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. • E VILLAFAM irt Assistant United States Attorney ann.marie.c.villafana®usdoj.gov Florida Bar No. 0018255 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Telephone: 561 820-8711 Facsimile: 561 820-8777 EFTA00225136 A0106 (Rev. 5/85) Affidavit for Search Warrant United States District Court SOITTHERN In the Matter of the Search of (Name, lektreu or brkf thrurigeSoe of prnoo le be nankin DISTRICT OF FLORIDA One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation APPLICATION AND AFFIDAVIT FOR SEARCH WARRANT CASE NUMBER: 013-8067-LRJ I, E. Nesbitt Kuvrkendall , being duly sworn, depose and say: I am a Special Agent, Federal Bureau of Investigation , have reason to believe that on the person of or X on the premises known as (name, description and/or location): One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, in the custody of the Federal Bureau of Investigation 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the Southern District of Florida there is now concealed a certain person or property, namely (describe the person or property): the electronic information contained in that CompactFlash memory card, which is (give alleged grounds for search and seizure under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence, instrumentalities, and fruits of a crime, concerning violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423. The facts to support the issuance of a Search Warrant are as follows: see Attached Affidavit of E. Nesbitt Kuyrkendall Continued on the attached sheet and made a part hereof. X Yes _N Sworn to before me, and subrbetl in mi..Eresence: 3 (7-6-C Date LINNEA R. JOHNSON UNITED STATES MAGISTRATE( Name and Title of Judicial Officer at 3 77 t (Lc E. Nesbitt Kuyrkendall, Special Agent Federal Bureau of Investigation Signature of J cial Officer EFTA00225137 AFFIDAVIT I, E. Nesbitt Kuyrkendall (the "Affiant"), being duly sworn, depose and state: 1. I am a Special Agent with the Federal Bureau of Investigation ("FBI") and have been so employed for the past ten (10) years. I am currently assigned to PB-2, the Violent Crimes and Major Offenses Squad of the Palm Beach County Resident Agency, Miami Division. Among my responsibilities as a Special Agent are investigating crimes against children, particularly offenses involving child pornography and the exploitation of children. 2. I make this affidavit in support of an application by the United States of America for issuance of a warrant to search and seize evidence of violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumentalities of such violations; and any fruits of those crimes located within electronic media, specifically two 128MB CompactFlash memory cards, seized in October 2005 by The Town of Palm Beach Police Department("PBPD") during the execution of a State of Florida search warrant at the premises located at 358 El Brillo Way, Palm Beach, Florida 33480, owned by Jeffrey Epstein (hereinafter, "Epstein's residence"). Those CompactFlash memory cards are more fully described as follows: (a) one Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, and (b) one PNY Technologies 128 Megabyte CompactFlash memory card, marked THNCF128MMA(T00CB) 999223 TAIWAN 0247 (hereinafter jointly referred to as "CompactFlash memory cards"). 3. The facts set forth in this affidavit arc based on my personal knowledge, information obtained in this investigation from others, including other law enforcement officers, my review of documents and records related to this investigation, and information gained through my training and EFTA00225138 experience. Since this affidavit is being submitted for the limited purpose of securing a search warrant, I have not included each and every fact known to me concerning this investigation, but have set forth only those facts necessary to establish probable cause to believe that evidence, instrumentalities, and fruits of crimes, that is violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423 will be found within the CompactFlash memory cards, specifically the electronic information contained therein. The Statutes involved 4. The investigation involves possible violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423, which provide as follows: a. 18 U.S.C. § 371 makes it an offense for two or more persons to conspire to commit an offense against the United States; b. 18 U.S.C. § 1591(a) makes it an offense for anyone to knowingly, in or affecting interstate commerce, recruit, entice, provide, or obtain by any means a person , knowing that the person has not attained the age of eighteen and will be caused to engage in a commercial sex act; c. 18 U.S.C. §§ 2252 and 2252A prohibit the manufacture, possession, distribution, and receipt of child pornography; 18 U.S.C. § 2422(b) prohibits the use of a facility of interstate commerce, including the telephone, to persuade, induce, or entice a minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense; and e. 18 U.S.C. § 2423(b) makes it an offense for anyone to travel in interstate commerce for the purpose of engaging in any illicit sexual conduct with another person. "Illicit -2- EFTA00225139 sexual conduct" includes a commercial sex act with a person under eighteen or other sexual conduct with a person under the age of sixteen. 5. Section 2422(b) refers to activity "for which any person can be charged with a criminal offense." Pursuant to: a. Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree;" b. Florida Statutes Section 794.021, "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense;" c. Florida Statutes Sections 800.04(5)(a) and 800.04(5)(c)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age; Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]olicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree; -3- EFTA00225140 e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner; or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to . . . the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. f. Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]." g. Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]." h. Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." The Epstein Investigation 6. In the Spring of 2006, Detective Joseph Recarey with the Town of Palm Beach Police Department contacted me about the investigation of Jeffrey Epstein's solicitation of minors to engage in prostitution and his lewd and lascivious conduct with minors. The FBI opened a case file in July 2006, and your Affiant is the case agent assigned to the investigation. 7. At around the same time that the FBI opened its investigation, the U.S. Attorney's Office began a grand jury investigation. Your Affiant is one of the agents on the Federal Rule of -4- EFTA00225141 Criminal Procedure 6(e) list, that is, someone who is authorized to have access to the facts of the investigation and the materials related thereto. 8. As part of the Federal Grand Jury investigation, a subpoena was issued for all of the physical evidence obtained by PBPD during the course of its investigation, including the evidence seized when PBPD executed the search warrant at Epstein's residence in October 2005. Included in the evidence seized during the search of the Premises were the two CompactFlash memory cards. I have reviewed that evidence, which included a number of photographs of topless and nude young women taken at Epstein's residence. The evidence, including the two CompactFlash memory cards that are the subject of this application, have been in the custody of the Federal Bureau of Investigation since August 2006 and have not been tampered with or altered. Prior to that, they were in the custody of the Evidence Custodian of the Palm Beach Police Department, and I understand that the evidence was not tampered with or altered while in PBPD's custody. 9. I note that I am aware that Epstein's attorneys have alleged that Detective Recarey made misstatements in his application for the state search warrant, but they have not moved to suppress any of that evidence in connection with the prosecution of Epstein by the State Attorney's Office for felony solicitation of prostitution. No federal agency was involved in the application for or execution of the search warrant, and this application is based upon evidence obtained through the FBI's independent investigation. 10. During the course of the federal investigation, federal agents have interviewed more than two dozen young women who have reported engaging in sexual activity with Jeffrey Epstein while they were under eighteen. All of those girls have reported essentially the same information. While they were under the age of eighteen (between the ages of fourteen and seventeen), they were -5- EFTA00225142 approached by a colleague — either an acquaintance at school, a co-worker, a "friend of a friend," or the like — who told them that they could make a lot of money performing a "massage" for a wealthy older man who lived on Palm Beach island. In some cases the girls were told that they would have to remove some clothing during the massage, other girls were not told about this. The girls traveled to Epstein's residence and entered through a side door into the kitchen of the residence. There they were met by Epstein and/or one of his personal assistants, usually The girls would be led up to the master bathroom area of Epstein's bedroom. The bathroom had a separate room similar to a dressing area where a massage table would be set up. The girls described the presence of nude and topless photographs of young women throughout the house. Epstein would lie face down on the massage table and the girl would begin by massaging his back and legs. Epstein would then turn over and begin to masturbate while instructing the girl to pinch his nipples or to straddle him. In some cases, Epstein would place a large back massager/vibrator on the victim's vagina. With some girls, he would digitally penetrate her vagina while he masturbated. The sexual activity with some minors progressed to oral sex, sexual intercourse, and the introduction of an adult female into the activity. With some girls, the sexual activity began with the first massage; with others, there was no sexual activity at first but sexual activity occurred in later massages; and in many cases, Epstein pushed the girls to engage in more and more sexual activity with each visit. II. Almost all of the sexual massages ended the same way, when Epstein ejaculated. Epstein or one of his assistants would pay the girl $200 or more, depending on how much sexual activity occurred. A fee of $200 also would be paid to the "recruiter" who brought the girl for the visit. If Epstein liked the girl, he or his assistant would ask for the girl's telephone number. Later, one of Epstein's assistants would call the girl directly to arrange for the girl to return. In some -6- EFTA00225143 instances of scheduling a girl for "work," which was a euphemism for performing a sexual massage, Epstein's assistants would make the arrangement for the next time that Epstein was in Florida. During those calls, the assistant would invite the girl to return to Epstein's home to "work." None of the girls ever spontaneously went to Epstein's home to provide a sexual massage. The appointments were set up over the telephone. 12. The victims interviewed by the federal agents were asked about Epstein's knowledge that they were minors. Many of the victims specifically discussed their ages with Epstein, and he provided them with birthday gifts, made statements about trips that he wanted to take them on when they were eighteen, and discussed high school events and college plans with them. For other victims, the subject o f age was never discussed, and for others, their "recruiter" instructed them to lie and say they were eighteen. 13. One of the young women interviewed during the course of the FBI's investigation was "C" who stated that she first met Epstein at the age of fourteen. Epstein paid 15200 - $400 to provide him with massages. According to C, during the three years that she saw Epstein, all but three of the over one hundred massages she provided were sexual in nature. The sexual activity ranged from self masturbation on Epstein's part to Epstein touching is vagina. On a separate occasion, Epstein introduce an unidentified female during a massage, who performed oral sex on C while Epstein had sexual intercourse with the unidentified female. 14. When' was approximately sixteen years old, ■ e, Epstein's assistant, contacted, and told her that Epstein wanted to take some photographs of her. utilizing a digital camera, took nude photographs of C in several different locations in and around Epstein's Palm Beach residence. paid C $500 for posing for the nude photographs. Other -7- EFTA00225144 victims interviewed have repeatedly pointed to the existence of the pictures of nude and semi-nude women throughout the residence. IS. Efforts have been made to corroborate the statements of C and the other young women who have described their sexual relationships with Epstein. With respect to C, there are telephone records showing phone calls to C during the time period that she was seeing Epstein.11also described receiving gifts from Epstein via Federal Express. A grand jury subpoena issued to Federal Express contained records of a number o f packages sent by Epstein or his assistants to C. Likewise, the statements of other victims have been corroborated through telephone records, Western Union records, travel records, credit card receipts, sales records of theaters, and rental car records. 16. Also, during the FBI's investigation, I interviewed a young woman, 4I" who had known Epstein several years ago, when she was in her late teens/early twenties. The woman was a struggling artist in New York who was specializing in painting nude portraits. Prior to preparing a portraits would take several photographic studies. Epstein was very interested in her work and her photographs, and also expressed an interest in the artist's younger sister, "A," who was sixteen years old at the time. 17. Epstein and an associate/companion, Ghislaine Maxwell, made arrangements and paid for A to travel to one of his homes, located in New Mexico. One morning during that visit, Epstein got into bed with A. Mr. Epstein told A that he felt like "cuddling." A described Epstein's actions as "spooning" and constantly hugging her. 18. Epstein and Maxwell also made arrangements and paid for M to fly home to Arizona for the primary purpose of taking artistic photographs of her family members in the nude. This -8- EFTA00225145 included the artist's younger siblings, two sisters, A and a younger sister, age 9 or 10, and two brothers. Due to the sensitive nature of the photographs, M created a photo log to document each image and the order it was taken. Later, M learned that seven photographs, two of A and five of the 9 or 10 year old, were missing. M, who was very upset, contacted Epstein's office and asked for one of Epstein's assistants to look for the missing photographs. M also confronted Epstein and Maxwell about the missing photographs which they claimed they did not possess. A few weeks later M received a telephone call from an unidentified caller who stated that the missing photographs were in Epstein's briefcase. The missing photographs were not recovered and M believes that Epstein is in possession of them. Although those photographs were artistic, rather than pornographic in nature, this further shows Epstein's interest in taking and maintaining nude and semi-nude photographs of minors. 19. I have interviewed M and A about their experiences with Epstein. Both M and A are reluctant to divulge their experiences publically. During the interview with A, she was visibly disturbed when recalling an incident with Epstein at his ranch in New Mexico when she was sixteen years old. A stated that one evening Epstein had come into her bedroom and sat on the bed. Epstein stroked her hair and told her she was beautiful. A was unable to recall the remainder of any events that evening. M has also expressed her concern of speaking publicly against Epstein for fear of reprisals against her or her family. The Items to Be Searched and the Information Sought 20. This application seeks perrnission to forensically examine two CompactFlash memory cards. Your Affiant knows that electronic media, i.e., CompactFlash memory cards, may be important to a criminal investigation because the objects may be used as storage devices that contain -9- EFTA00225146 contraband, evidence, instrumentalities, or fruits of a crime in the form of electronic data. Rule 41 of the Federal Rules of Criminal Procedure permit the government to search for and seize computer hardware, software, and electronic files that are evidence of crime, contraband, instrumentalities of crime and/or fruits of crime. I know that CompactFlash memory cards are most often used in digital cameras to store photographs taken with the cameras. However, memory cards can be used to store any type of digital data, including computer files. 21. The nature of electronic media, i.e., CompactFlash memory cards, requires forensic analysis to employ a variety of different search techniques. These techniques include, but are not limited to, opening files, reviewing directories of files, and searching for and analyzing deleted and/or hidden information. While conducting the analysis, data will be continuously evaluated as to whether or not it is within the scope of the issued search warrant. Only information within the scope of the search warrant will be acknowledged, shared with, or provided to, the investigators involved in this matter. All other information will be closed and maintained within the analytical unit. Forensic analysis will be conducted in close consultation with the United States Attorney's office for specific legal guidance throughout the analytical and reporting process. 22. I understand that reviewing the contents of the CompactFlash memory cards was within the scope of the State search warrant that gave rise to the seizure of the cards from Epstein's residence, and that PBPD reviewed the contents of the cards. I also understand that an FBI agent conducted a similar review when all of the items were taken into federal custody pursuant to the federal grand jury subpoena. Those reviews did not involve a forensic examination to determine if there were any deleted or corrupted files, which could be recovered only via such a forensic analysis. I understand that the cursory reviews performed by the other law enforcement officers did not delete -10- EFTA00225147 or add any files to the CompactFlash memory cards and, therefore, they contain the same information that they had at the time they were removed from the Epstein residence. While the cursory review performed by the FBI agent did not exceed the scope of the PBPD's review, and therefore did not require the issuance of a warrant, the forensic review that is requested by this application would expand that review and, accordingly, your Affiant requests the issuance of a search warrant in accordance with United Stalest Jacobsen, 466 U.S. 109, 115-21 (1984). 23. As explained above, Epstein instructed one of his assistants to photograph C using a digital camera; M reported Epstein's unusual interest in, and probable theft of, nude photographs of the minor members of her family; and Epstein engaged in inappropriate sexual activity with numerous minor females. In light of Epstein's display of photographs of nude and semi-nude young women throughout his residence, your Affiant avers that there is probable cause to believe that photographs or other evidence of the victims' visits to Epstein's residence may be found on the CompactFlash memory cards. Accordingly, your Affiant seeks permission to forensically examine the CompactFlash memory cards for evidence, instrumentalities, and fruits of the crimes listed above, that is, the electronic information contained within the memory cards, including electronic files containing photographs, owner identification information, date and time information, names, addresses, and information regarding the source of any photographs or the persons depicted in any photographs. 24. Although the cursory reviews did not reveal any of the items sought, your Affiant avers that there is probable cause to believe that a thorough forensic examination, which would include the recovery of any deleted or corrupted files, would result in the discovery of the data listed above, which is evidence, instrumentalities, and fruits of the crimes under investigation. -11- EFTA00225148 WHEREFORE, your Affiant requests that this court issue a search warrant for the CompactFlash memory cards described in the Application for Search Warrant and for the seizure of the items listed above. FURTHER YOUR AFFIANT SAYETH NAUGHT. E. Nesbitt uyrkendall, Specia Agent Federal Bureau of Investigation Subscribed and sworn to before me this / 7 day of March, 2008 UNITED STATES MAGISTRATE JUDGE -12- EFTA00225149 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA No. 08-8067-LRJ IN RE APPLICATION FOR SEARCH WARRANT FOR ONE RITZ BIG PRINT DIGITAL FILM 128 MEGABYTE COMPACT FLASH MEMORY CARD MARKED 3608128AW4801CF53 IN THE CUSTODY OF THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL COVER SHEET I. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1, 1999? Yes X No If yes, was it pending in the Central Region? Yes No 2. Did this matter originate from a matter pending in the United States Attorney's Office prior to April 1, 2003? Yes X No 3. Did this matter originate from a matter pending in the Narcotics Section (Miami) of the United States Attorney's Office prior to May 18, 2003? Yes X No 4. Did this matter originate from a matter pending in the Northern Region of the United States Attorney's Office prior to October 14, 2003? Yes X No 5. Did this matter originate from a matter pending in the Central Region of the United States Attorney's Office prior to September 1, 2007? Yes X No Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES A ORNEY BY: APP .MARIE VILLAFARA ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 0018255 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 TEL (561) 820-8711 FAX (561) 802-1787 EFTA00225150 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL This matter comes before the Court upon the United States' Motion to Seal the documents related to its Search Warrant Application. The Court being fully apprised in the premises, orders that the motion is hereby GRANTED. DONE AND ORDERED in chambers, in West Palm Beach, Florida, this / 7 day of March, 2008. cc: A. Marie Villafana, AUSA LINNEA R. JOHNSO UNITED STATES AGISTRATE JUDGE . • mut ctri A 'Llt•Qt:0 1.• :•!,1 cr, the .8iintre k. EFTA00225151 (Rev. 06/2005)Scalcd Document Tracking Form UNITED STATES DISTRICT COURT Southern District of Florida Number: 08430614-RJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Party Filing Mailer Under Seal On behalf of (select one): Name: A. Made Villafalfs. U.S. Attorney's Office Address: 500 S. Australian Me, Suite 400. West Palm Beath, FL 33401 Telephone: 561 820-8711 Date sealed document filed: 3/17/2008 CI Plaintiff K Defendant If sealed pursuant to statute, cite statute: Fed. R. Crim. P. 8(e) (Grand Jury Material) If sealed pursuant to previously entered protective order, date of order and docket entry number: The matter should remain sealed until: K Conclusion of Trial K Arrest of First Defendant 0 Case Closing K Conclusion of Direct Appeal K Other: K Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the filed matter should be (select one): K Unsealed and placed in the public portion of the court file I Destroyed K Returned to the party or counsel for the party, as identified above Attorney for: Movant united States oMmerica EFTA00225152 AO 93 (Rev. 5/85) Search Warrant Date and Time Issued United States District Court SOUTHERN DISTRICT OF In the Matter of the Search of (Name, address or brief description of property or premises to be searched) One PNY Technologies 128 Megabyte CompactFlash memory card, marked THNCF128MMA(TOOCB) 999223 TAIWAN 0247 in the custody of the Federal Bureau of Investigation FLORIDA SEARCH WARRANT CASE NUMBER 08-8068-LRJ TO: E. NESBITT KUYRKENDALL, FEDERAL BUREAU OF INVESTIGATION , and any Authorized Officer of the United States: Affidavit(s) having been made before me by E. Nesbitt Kuvrkendall Alf iant who has reason to believe that Don the person of or Ed on the premises known as (name, description and/or location) One PNY Technologies 128 Megabyte CompactFlash memory card, marked THNCF128MMA(TOOCB) 999223 TAIWAN 0247 in the custody of the Federal Bureau of Investigation, 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the concealed a certain person or property, namely (describe the person or property) SOUTHERN District of FLORIDA there is now the electronic information contained in that CompactFlash memory card, which is property that constitutes evidence of the commission of a criminal offense, instrumentalities of such violations; and any fruits of those crimes, that is, violations of 18 U.S.C. 45 371, 1591, 2252, 2252A, 2422, and 2423. I am satisfied that the affidavit(s) and any recorded testimony establish probable cause to believe that the person or property so described is now concealed on the person or premises above-described and establish grounds for the issuance of this warrant. YOU ARE HEREBY COMMANDED to search on or before c.---4113raexcescl-te-thYsTihe person or place earn and making the search r n• -2- lc - Mate) roperty specified, serving this warrant A.M. to 10:00 P.M.)(at any ime in the day or night as I find reasonable cause has been established)) and if the perliin or property be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the duty Magistrate Judge as required by law. WEST PALM BEACH. FLORIDA; (.1 City and State 7 ok LINNEA R. JOHNSON United States Magistrate Judge Name and Title of Judicial Officer EFTA00225153 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8068-LRJ IN RE: SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL This matter comes before the Court upon the United States' Motion to Seal the documents related to its Search Warrant Application. The Court being fully apprised in the premises, orders that the motion is hereby GRANTED. DONE AND ORDERED in chambers, in West Palm Beach, Florida, this 7 7 day of March, 2008. cc: A. Marie Villafana, AUSA A R. JOI SON UNITED STATES MAGISTRATE JUDGE 3 EFTA00225154 ' (Rev. 062005)Sealed Document Tracking Teem UNITED STATES DISTRICT COURT Southern District of Florida Number: 08-atna-IRJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Party Filing Matter Under Seal Name: R. Made Walsh& U.S. Attorney's Office Address: S00 S. Australian Ave. Suite 400. West Palm Beach, FL 33401 Telephone: 661 820-6711 On behalf of (select one): Date sealed document filed: 3/1712006 0 Plaintiff 0 Defendant If sealed pursuant to statute, cite statute: Fed. R. CrIni. P. 6(e) (Grand Jury Material) If sealed pursuant to previously entered protective order, date of order and docket entry number: The matter should remain sealed until: CI Conclusion of Trial O Arrest of First Defendant ID Case Closing O Conclusion of Direct Appeal CI Other: O Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the filed matter should be (select one): O Unsealed and placed in the public portion of the court file O Destroyed O Returned to the party or counsel for the party, as identified above s ti &y :: Attorney Ion Movard Unked Sts of America EFTA00225155 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8068-LRJ IN RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL The United States of America, by and through the undersignel Assistant United States Attorney, hereby moves to seal its Application for Search Warrant for the following reasons: 1. The attached documents contain information relating to an ongoing grand jury investigation; thus, pursuant to Fed. R. Crim. P. 6(e)(6), all records and orders related to the grand- jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before the grand jury. 2. Public disclosure of this matter would jeopardize the criminal investigation, notify potential subjects and/or targets and undermine the public interest and the function of the grand jury. WHEREFORE, the United States respectfully requests that the aforementioned documents be sealed. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFANA Assistant United States Attorney ann.marie.c.villafana®usdoj.gov Florida Bar No. 0018255 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Telephone: 561 820-8711 Facsimile: 561 820-8777 EFTA00225156 AO 106 (Rev. 5/85) Affidavit for Search µ'arrant United States District Court SOUTHERN DISTRICT OF In the Matter of the Search of Name, address or brief destripdoe of person to be starched) One PNY Technologies 128 Megabyte CompactFlash memory card marked THNCF128MMA(TOOCB) 999223 TAIWAN 0247 in the custody of the Federal Bureau of Investigation FLORIDA APPLICATION AND Alt FOR SEARCH WARRANT CASE NUMBER: 08.8068-LRJ I, E. Nesbitt Kuvrkendall , being duly sworn, depose and say: I am a Special Agent. Federal Bureau of Investigation , and have reason to believe that on the person of or X on the premises known as (name, description and/or location): in the One PNY Technologies 128 Megabyte CompactFlash memory card, marked THNCF128MMA(TOOCB) 999223 TA/WAN 0247 in the custody of the Federal Bureau of Investigation 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida Southern District of Florida there is now concealed a certain person or property, namely (describe the person or property): the electronic information contained in that CompactFlash memory card, which is (give alleged grounds for search and seizure under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence, instrumentalities, and fruits of a crime, concerning violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423. The facts to support the issuance of a Search Warrant are as follows: see Attached Affidavit of E. Nesbitt Kuyrkendall Continued on the attached sheet and made a part hereof. X Yes N Sworn to before me, an -3 - ( 7 -. 0 2(--- 1 E. Nesbitt Kuyrken , Special Agent ederal Bureau of Investigation ra rlTh. ! ta: subscribed InyltieS' at Date LINNEA R. JOHNSON UNITED STATES MAGI Name and Title of Judicial O 1 ,/ ttde niuDGE x, EFTA00225157 AFFIDAVIT I, E. Nesbitt Kuyrkendall (the "Af£iant"), being duly sworn, depose and state: 1. I am a Special Agent with the Federal Bureau of Investigation ("FBI') and have been so employed for the past ten (10) years. I am currently assigned to PB-2, the Violent Crimes and Major Offenses Squad of the Palm Beach County Resident Agency, Miami Division. Among my responsibilities as a Special Agent are investigating crimes against children, particularly offenses involving child pornography and the exploitation of children. 2. I make this affidavit in support of an application by the United States of America for issuance of a warrant to search and seize evidence of violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumentalities of such violations; and any fruits of those crimes located within electronic media, specifically two 128MB CompactFlash memory cards, seized in October 2005 by The Town of Palm Beach Police Department("PBPD") during the execution of a State of Florida search warrant at the premises located at 358 El Brillo Way, Palm Beach, Florida 33480, owned by Jeffrey Epstein (hereinafter, "Epstein's residence"). Those CompactFlash memory cards are more fully described as follows: (a) one Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, and (b) one PNY Technologies 128 Megabyte CompactFlash memory card, marked THNCF128MMA(T00CB) 999223 TAIWAN 0247 (hereinafter jointly referred to as "CompactFlash memory cards"). 3. The facts set forth in this affidavit are based on my personal knowledge, information obtained in this investigation from others, including other law enforcement officers, my review of documents and records related to this investigation, and information gained through my training and -1- EFTA00225158 experience. Since this affidavit is being submitted for the limited purpose of securing a search warrant, I have not included each and every fact known to me concerning this investigation, but have set forth only those facts necessary to establish probable cause to believe that evidence, instrumentalities, and fruits of crimes, that is violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423 will be found within the CompactFlash memory cards, specifically the electronic information contained therein. The Statutes Involved 4. The investigation involves possible violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423, which provide as follows: a. 18 U.S.C. § 371 makes it an offense for two or more persons to conspire to commit an offense against the United States; b. 18 U.S.C. § 1591(a) makes it an offense for anyone to knowingly, in or affecting interstate commerce, recruit, entice, provide, or obtain by any means a person , knowing that the person has not attained the age of eighteen and will be caused to engage in a commercial sex act; c. 18 U.S.C. §§ 2252 and 2252A prohibit the manufacture, possession, distribution, and receipt of child pornography; 18 U.S.C. § 2422(b) prohibits the use of a facility of interstate commerce, including the telephone, to persuade, induce, or entice a minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense; and e. 18 U.S.C. § 2423(b) makes it an offense for anyone to travel in interstate commerce for the purpose of engaging in any illicit sexual conduct with another person. "Illicit -2- EFTA00225159 sexual conduct" includes a commercial sex act with a person under eighteen or other sexual conduct with a person under the age of sixteen. 5. Section 2422(b) refers to activity "for which any person can be charged with a criminal offense." Pursuant to: a. Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree;" b. Florida Statutes Section 794.021, "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense;" c. Florida Statutes Sections 800.04(5)(a) and 800.04(5)(c)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age; I Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]olicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree; -3- EFTA00225160 e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner; or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to .. . the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. f. Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]." g. Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]." h. Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." The Enstein Investigation 6. In the Spring of 2006, Detective Joseph Recarey with the Town of Palm Beach Police Department contacted me about the investigation of Jeffrey Epstein's solicitation of minors to engage in prostitution and his lewd and lascivious conduct with minors. The FBI opened a case file in July 2006, and your Affiant is the case agent assigned to the investigation. 7. At around the same time that the FBI opened its investigation, the U.S. Attorney's Office began a grand jury investigation. Your Affiant is one of the agents on the Federal Rule of -4- EFTA00225161 Criminal Procedure 6(e) list, that is, someone who is authorized to have access to the facts of the investigation and the materials related thereto. 8. As part of the Federal Grand Jury investigation, a subpoena was issued for all of the physical evidence obtained by PBPD during the course of its investigation, including the evidence seized when PBPD executed the search warrant at Epstein's residence in October 2005. Included in the evidence seized during the search of the Premises were the two CompactFlash memory cards. I have reviewed that evidence, which included a number of photographs of topless and nude young women taken at Epstein's residence. The evidence, including the two CompactFlash memory cards that are the subject of this application, have been in the custody of the Federal Bureau of Investigation since August 2006 and have not been tampered with or altered. Prior to that, they were in the custody of the Evidence Custodian of the Palm Beach Police Department, and I understand that the evidence was not tampered with or altered while in PBPD's custody. 9. I note that I am aware that Epstein's attorneys have alleged that Detective Recarey made misstatements in his application for the state search warrant, but they have not moved to suppress any of that evidence in connection with the prosecution of Epstein by the State Attorney's Office for felony solicitation of prostitution. No federal agency was involved in the application for or execution of the search warrant, and this application is based upon evidence obtained through the FBI's independent investigation. 10. During the course of the federal investigation, federal agents have interviewed more than two dozen young women who have reported engaging in sexual activity with Jeffrey Epstein while they were under eighteen. All of those girls have reported essentially the same information. While they were under the age of eighteen (between the ages of fourteen and seventeen), they were -5- EFTA00225162 approached by a colleague — either an acquaintance at school, a co-worker, a "friend of a friend," or the like — who told them that they could make a lot of money performing a "massage" for a wealthy older man who lived on Palm Beach island. In some cases the girls were told that they would have to remove some clothing during the massage, other girls were not told about this. The girls traveled to Epstein's residence and entered through a side door into the kitchen of the residence. There they were met by Epstein and/or one of his personal assistants, usually MM. The girls would be led up to the master bathroom area of Epstein's bedroom. The bathroom had a separate room similar to a dressing area where a massage table would be set up. The girls described the presence of nude and topless photographs of young women throughout the house. Epstein would lie face down on the massage table and the girl would begin by massaging his back and legs. Epstein would then turn over and begin to masturbate while instructing the girl to pinch his nipples or to straddle him. In some cases, Epstein would place a large back massager/vibrator on the victim's vagina. With some girls, he would digitally penetrate her vagina while he masturbated. The sexual activity with some minors progressed to oral sex, sexual intercourse, and the introduction of an adult female into the activity. With some girls, the sexual activity began with the first massage; with others, there was no sexual activity at first but sexual activity occurred in later massages; and in many cases, Epstein pushed the girls to engage in more and more sexual activity with each visit. 11. Almost all of the sexual massages ended the same way, when Epstein ejaculated. Epstein or one of his assistants would pay the girl $200 or more, depending on how much sexual activity occurred. A fee of $200 also would be paid to the "recruiter" who brought the girl for the visit. If Epstein liked the girl, he or his assistant would ask for the girl's telephone number. Later, one of Epstein's assistants would call the girl directly to arrange for the girl to return. In some -6- EFTA00225163 instances of scheduling a girl for "work," which was a euphemism for performing a sexual massage, Epstein's assistants would make the arrangement for the next time that Epstein was in Florida. During those calls, the assistant would invite the girl to return to Epstein's home to "work." None of the girls ever spontaneously went to Epstein's home to provide a sexual massage. The appointments were set up over the telephone. 12. The victims interviewed by the federal agents were asked about Epstein's knowledge that they were minors. Many of the victims specifically discussed their ages with Epstein, and he provided them with birthday gifts, made statements about trips that he wanted to take them on when they were eighteen, and discussed high school events and college plans with them. For other victims, the subject of age was never discussed, and for others, their "recruiter" instructed them to lie and say they were eighteen. 13. One of the young women interviewed during the course of the FBI's investigation was "C" who stated that she first met Epstein at the age of fourteen. Epstein paid C 5200 - $400 to provide him with massages. According to C, during the three years that she saw Epstein, all but three of the over one hundred massages she provided were sexual in nature. The sexual activity ranged from self masturbation on Epstein's part to Epstein touching C's vagina. On a separate occasion, Epstein introduce an unidentified female during a massage, who performed oral sex on C while Epstein had sexual intercourse with the unidentified female. 14. When C was approximately sixteen years old, ■ M, Epstein's assistant, contacted C and told her that Epstein wanted to take some photographs of her. utilizing a digital camera, took nude photographs of C in several different locations in and around Epstein's Palm Beach residence. paid C $500 for posing for the nude photographs. Other -7- EFTA00225164 victims interviewed have repeatedly pointed to the existence of the pictures of nude and semi-nude women throughout the residence. 15. Efforts have been made to corroborate the statements of C and the other young women who have described their sexual relationships with Epstein. With respect to C, there are telephone records showing phone calls to C during the time period that she was seeing Epstein. C also described receiving gifts from Epstein via Federal Express. A grand jury subpoena issued to Federal Express contained records of a number of packages sent by Epstein or his assistants to C. Likewise, the statements of other victims have been corroborated through telephone records, Western Union records, travel records, credit card receipts, sales records of theaters, and rental car records. 16. Also, during the FBI's investigation, I interviewed a young woman, "M," who had known Epstein several years ago, when she was in her late teens/early twenties. The woman was a struggling artist in New York who was specializing in painting nude portraits. Prior to preparing a portrait, M would take several photographic studies. Epstein was very interested in her work and her photographs, and also expressed an interest in the artist's younger sister, "A," who was sixteen years old at the time. 17. Epstein and an associate/companion, Ghislaine Maxwell, made arrangements and paid for A to travel to one of his homes, located in New Mexico. One morning during that visit, Epstein got into bed with A. Mr. Epstein told A that he felt like "cuddling." A described Epstein's actions as "spooning" and constantly hugging her. 18. Epstein and Maxwell also made arrangements and paid for M to fly home to Arizona for the primary purpose of taking artistic photographs of her family members in the nude. This -8- EFTA00225165 included the artist's younger siblings, two sisters, A and a younger sister, age 9 or 10, and two brothers. Due to the sensitive nature of the photographs, M created a photo log to document each image and the order it was taken. Later, M learned that seven photographs, two of A and five of the 9 or 10 year old, were missing. M, who was very upset, contacted Epstein's office and asked for one of Epstein's assistants to look for the missing photographs. M also confronted Epstein and Maxwell about the missing photographs which they claimed they did not possess. A few weeks later M received a telephone call from an unidentified caller who stated that the missing photographs were in Epstein's briefcase. The missing photographs were not recovered and M believes that Epstein is in possession of them. Although those photographs were artistic, rather than pornographic in nature, this further shows Epstein's interest in taking and maintaining nude and semi-nude photographs of minors. 19. I have interviewed M and A about their experiences with Epstein. Both M and A are reluctant to divulge their experiences publically. During the interview with A, she was visibly disturbed when recalling an incident with Epstein at his ranch in New Mexico when she was sixteen years old. A stated that one evening Epstein had come into her bedroom and sat on the bed. Epstein stroked her hair and told her she was beautiful. A was unable to recall the remainder of any events that evening. M has also expressed her concern of speaking publicly against Epstein for fear of reprisals against her or her family. The Items to Be Searched and the Information Sought 20. This application seeks permission to forensically examine two CompactFlash memory cards. Your Affiant knows that electronic media, i.e., CompactFlash memory cards, may be important to a criminal investigation because the objects may be used as storage devices that contain -9- EFTA00225166 contraband, evidence, instrumentalities, or fruits of a crime in the form of electronic data. Rule 41 of the Federal Rules of Criminal Procedure permit the government to search for and seize computer hardware, software, and electronic files that are evidence of crime, contraband, instrumentalities of crime and/or fruits of crime. I know that CompactFlash memory cards are most often used in digital cameras to store photographs taken with the cameras. However, memory cards can be used to store any type of digital data, including computer files. 21. The nature of electronic media, i.e., CompactFlash memory cards, requires forensic analysis to employ a variety of different starch techniques. These techniques include, but are not limited to, opening files, reviewing directories of files, and searching for and analyzing deleted and/or hidden information. While conducting the analysis, data will be continuously evaluated as to whether or not it is within the scope of the issued search warrant. Only information within the scope of the search warrant will be acknowledged, shared with, or provided to, the investigators involved in thi