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06/18/2008 15:15 FAX 5618059846 USA° WPB CONFRX 2002 Memorandum Date Subject Prosecution Memorandum b re Operation Leap Year To R. Alexander Acosta U.S. Attorney st Assistant U.S. Attorney of f Deputy Chief, Criminal Division Chia llorthern Division June 17, 2008 From Assistant U.S. Att I. INTRODUCTION This memorandum seeks approval for the attached Request for Authorization to Apply for a Com ulsion Order seeking Immunity pursuant to 18 U.S.C. Sections 6001-6003 for witness in connection with the ongoing investigation named "Operation Lcap Year." II. BACKGROUND O ration Lea Year involves the investi ation of Jeffre Epstein and five of his assistants, (née ), , Lesley Groff, and The targets would arrange "sexual massages" for Epstein when he would travel to Palm Beach or New York, and many of those "sexual massages" were performed by minor females. Witness began her relationship with Epstein as a "masseuse" when she was under the age of 18. After performing massages for a riod of time, began recruiting other girls to perform massages. It is believed that received $200 for each girl she brought to Epstein's home. The investigation originally focused on the first three assistants who traveled with Epstein to Florida. Upon interviewing two identified New York victims, we determined that the last two assistants, Groff and M, arranged most of Epstein's New York massages. EFTA00234715 06/18/2008 15:15 FAX 5618059846 USA0 WPB CONFRM Q003 has been approached by the FBI to provide information via an informal proffer with a "Kastigar letter" or testifying before the jury with a "pocket immunity" letter. is represented by counsel in New York. has never spoken to a ny law enforcement officer about what happened between her and Epstein. We believe that counsel is independent ak in (unlike some attorneys who have represented other witnesses), but he has stated that will not meet with agents or the Office or testify before the grand jury without full immunity. Counsel has told me that, if immunized, is ready and wil ling to provide complete information regarding her dealings with Epstein. On the one hand, I ant reluctant to provide with immunity because I do not believe that she needs it. It appears that the majority of her dealings with Epstein occurred before she was 18, our Office is not interested in prosecuting her, FBI New York is assisting FBI West Palm Beach in connection with the investigation, so a federal prosecution in New York is not forthcoming, and it is unlikely that the State of New York will open an investigation and charge . However, it has been widely reported that the Palm Beach Police Dc artment prepared a "probable cause affidavit" to charge a similar victim/recruiter in Florida, , with a second-degree felony. name also appears in a number of Complaints in the civil lawsuits filed against Epstein. In the most recent draft of the Indictment, we have listed and Miller as unindicted coconspirators which will make it easier to introduce their statements to Epstein and the assistants. Depending on testimony, we may need to treat her similarly. III THE NEED FOR THE WITNESSES' TESTIMONY ANDTHE REQUESTED IMMUNITY. The most difficult of this prosecution will be proving the knowledge and intent of the targets. For example, could assert that she knew that she was setting up massages for Epstein, but she believed that they were regular massages. All of the targets arc likely to aver that they did not know that the girls were under the age of 18. helps us with this proof in several ways. First, she was victim whom we believe became involved with Epstein when she was only fourteen years' old, and her younsican help disprove lack of knowledge by Epstein and his assistants. Second, we believe that was a significant recruiter for Epstein, so she will be able to tell us what instructions she received from him and the assistants regarding the types of girls to recruit, what was expected of them, etc. Third, she provides us with a strong entree into the New York situation, which strengthens the "interstate commerce" nexus of the case. Fourth, is likely to have dealt most closely with Epstein's New York assistants, Groff and . Thc best way to strengthen our case at this point is to "flip" one of the assistants, and Groff is the most likely to flip if we have sufficient evidence to charge her. is another potential cooperator, but we have heard from another witness that had done something to upset Epstein and he "shipped her off' to the Middle East to work for one of his companies there. Thc U.S. Attorney's Manual recommends prosecuting witnesses in alaisalipn such as this and getting their cooperation as part of a plea bargain. Our evidence against at this time is -2- EFTA00234716 06/18/2008 15:16 FAX 5618059846 4 . USA° NPR CONFRM 41004 weak. We have statements from two victims whoshat they went to Epstein's house with . We have two telephone messages from that were recovered in the search of Epstein's home. At this time we do not have any records of telephone calls between and the assistants (we have not identified cell phone number during the relevant period). Thus, the likelihood of succeeding on such a prosecution is very small. Furthermore, a decision to prosecute could result in a refusal by many more girls to come forward because the majority of the identified girls brought other girls to Epstein, so all of than would feel at risk. IV. RECOMMENDATION For these reasons, I recommend that the attached Request for Authorization to Apply for Compulsion Order on behalf of be submitted to the Witness Immunity Unit. -3- EFTA00234717 06/18/2008 15:16 FAX 5618059846 USAO WPB CONFRI e 005 U.S. Department of Justice Request for Authorization to Apply for Compulsion Order (18 U.S.C. 6001-6003; 28 CFR 0.175-0.178) INSTRUCTIONS: Prepare and Submit Original and One Copy. Answer Each Question as Accurately and Completely as Possible. TO: Witness Immunity Unit Criminal Division, Rm. 1056 1001 G Street, N. W. Washington, D.C. 20530 PHONE NO: (202) 514-5541 TELEFAX NO; (202) 514-1468 FROM: AUSA A. Marie Villafafia United States Attorney's Office 500 S Australian Ave, Suite 400 West Palm Beach, Florida 33401 PHONE NO: (561) 209-1047 TELEFAX NO: (561) 820-8777 (1) Name of Witness: (2) District Southern District of Florida (3) Nature of Proceeding: (4) Name of Subjects or Defendants : Jeffr ( ) Trial E stein (X) Grand Jury , Lesley Groff, ( ) Other (5) Date of Testimony (two weeks lead time required): July 1, 2008 (6) Proffer of Anticipated Testimony: (7) (8) (X) None Obtained ( ) Proffer by Counsel ( ) Proffer by Witness ( ) Debriefing of Witness ( ) Pursuant to Plea Agreement ( ) Statement in other proceeding Summary of Case or Proceeding: The grand jury investigation is related to interstate travel with intent to engage in illicit sexual conduct, use of a means of interstate commerce to induce or entice a minor to engage in prostitution and sexual activi sex trafficking, and related offenses. In short, Epstein used his assistants— =, M, and — to arrange "dates" with underage girls to come to his home to perform sexual acts. Witness' Background and Role in Case or Matter and Summary of Anticipated Testimony or Information: was a victim (she was paid to perform sexual acts when she was under 18) and also was paid LIMITED OFFICIAL USE Previous editions and Form OBD-1 I IA are obsolete FORM OBD-1I1 JAN. 93 EFTA00234718 06 '18'2008 IS: 16 FlY 5618059846 f SW wPB CONI-14•1 if 006 to bring girls to Epstein, thus could be classified both as a victim and as a co-conspirator. I ler testimony will relate to how she was first introduced to Epstein; the type of sexual activity that he engaged in with the girls; the co-conspirators' knowledge of the ages of the victims and the sexual activity that was occurring with Epstein; and the method for arranging the "appointments" with the girls and the recruitment of additional girls. (9) Witness' Family Relationship, if any, to the Subject(s) or Defendant(s): None (10) Assurances or Promises, if any, to Witness in Return for this Testimony: None. (11) Acts of Witness Considered as a Waiver of Fifth Amendment Privilege: None. (12) Means Other than Immunity to Obtain this Testimony: has been asked to appear before a grand jury or to attend a proffer session. attorney has stated that will not appear unless compelled to do so and will assert her Fifth Amendment privilege in response to questions. (13) Basis Other than Proffer for Summary of Anticipated Testimony Statements of other witnesses, telephone records, and items seized during search of Epstein's home. (14) Relative Culpability of Witness Compared to Subject(s) or Defendant(s): could be charged as a coconspirator or aider/abettor during the period when she was recruiting other girls; however, she also qualifies as a victim durin the period when she was engaging in sexual activity and while she was a minor. We believe that was a minor during the majority of the time she was involved with Epstein. In terms of her relative culpability, is less culpable than the targets of the investigation. Epstein and his assistants paid the girls for their sexual activity and arranged his schedule of appointments. (15) Why Immunity is Necessary to the Public Interest: State Facts. Epstein is believed to have engaged in sexual activity with at least 36 girls ranging in age from 14 to 18 years old. This activity occurred over a two-year period and some girls were contacted as many as 60 times. To prosecute successfully Epstein and his assistants, we must prove that Epstein and the assistants intended that Epitein engage in this sexual activity before he traveled to the Southern District of Florida or returned to New York, and, for certain charges, that he knew or reasonably should have known that the girls were under 18. who was both a victim and a "recruiter," is in the best position to testify regarding those intentions. LIMITED OFFICIAL USE Previous editions and Form OBD-111A are obsolete FORM OBD-111 JAN. 93 EFTA00234719 06/18/2008 15:16 FAX 5618059848 USA0 WPB CONFRM lit007 (16) Basis for Belief that Witness Will Assert Fifth Amendment Privilege: As explained above, the witness's attorney has informed the undersigned that she will assert her Fifth Amendment Privilege. (17) Likelihood that Witness Will Testify if Immunity is Granted: High. The witness's attorney has stated that the witness will appear and answer questions if immunity is granted. (1 8) Prosecution of Witness in this Case or Matter: () Yes (X) No ( ) Acquitted () Convicted () Plea If not indicted, why not? If convicted, has the witness been sentenced? Witness has not been indicted because she is more properly classified as a victim. As explained above, she could be charged as a co- conspirator during the period that she recruited girls, but it is believed that her testimony is more important than charging her with those offenses because she also is a victim of the offense. (19) Witness' Privilege Survives Because: Witness' testimony will relate in part to her recruitment of underage girls to engage in sexual activity with Epstein. (20) Witness is Presently Incarcerated: ( ) Ycs (X) No If yes, give details: (21) Pending Federal or Local Charges against Witness: () Yes (X) No If yes, give details: (22) Federal and State Offenses by Witness that Her Testimony Could Disclose: Conspiracy to travel in interstate commerce to engage in illicit sexual conduct; conspiracy to use a means of interstate commerce to induce a minor to engage in sexual activity. (23) Opposition, if any, to Granting Immunity by State or Local Prosecuting Officials: None (24) Effect, if any, of Granting Immunity to the Witness Upon Any Other Federal District: None (25) Conviction of Witness Possible on Evidence Other than His Own Testimony? LIMITED OFFICIAL USE Previous editions and Form OBD-111A are obsolete FORM OBD-111 JAN. 93 EFTA00234720 08/18/2008 15:17 FAX 5618050846 USAO WPB CONFRM a 008 () Yes () No If yes, give details: Not applicable. (26) Violations (Statutes & Descriptions) by Subject(s) or Defendant(s): For all targets: 18 U.S.C. § 2423(b) (travel with intent to engage in illicit sexual conduct); 18 U.S.C. § 371 (conspiracy); 18 U.S.C. § 2422(b) (use of a means of interstate commerce to entice a minor to engage in sexual activity); 18 U.S.C. § 1591(a) (sex trafficking). (27) Witness Previously Immunized? ( ) Ycs (X) No If yes, give details: (28) Witnesses for whom Immunity has been Authorized in this Proceeding: and Tatum Miller (two other girls who were both victims and recruiters). (29) Date Investigation Began: July 2006 (30) Witness Subject to Electronic Surveillance? ( ) Yes (X) No (31) Birth Date of Witness: 6/29/88 (33) Birthplace: Brazil (35) Alias: Married name is (36) Address of Witness: 4103 31st Avenue, Astoria, NY 11103 (32) FBI 1.D. No.: urity No.: None If yes. give details: (37) If Requestor is Department Attorney, Has United States Attorney Been Notified? ( ) Yes ( ) No Not applicable. Sign LIMITED OFFICIAL USE ture of United States A Previous editions and Form OBD-111A are obsolete FORM OBD- 1 1 1 JAN. 93 EFTA00234721