Operation Leap Year — Full Prosecution Memorandum (May 2007)

Memorandum Subject Re: Operation Leap Year Date May 1, 2007 ToR. Alexander Acosta, United States Attorney Jeff Sloman, First Assistant United States Attorney Chief, Criminal Division MAUSA, Northern Region Chief, Northern Region I. Introduction From a(' This memorandum seeks approval for the attached indictment charm Jeffrey Epstein, JEGE Inc., and Hyperion Air, Inc. The proposed indictment contains 60 counts and seeks the forfeiture of Epstein's Palm Beach home and two airplanes.' The FBI has information regarding Epstein's whereabouts on May 16th and May 19th and they would like to arrest him on one of those dates. Epstein is considered an extremely high fl ight risk' and, from information we have received, a continued danger to the community based upon his continued enticement of underage girls. For these reasons, we would like to present a sealed indictment to the Grand Jury on May 15, 2007, and we would like the presentation of that indictment and the status of the investigation to remain confidential. Epstein's crimes are considered crimes of violence and negotiation with his attorney's may undermine our arguments for pretrial detention. 'Each of the airplanes is held in a separate "shell corporation," JEGE, Inc., and Hyperion Air, Inc. Epstein is the sole shareholder in both of these corporations and they serve no purpose other than to hold and maintain the airplanes for Epstein's personal use. Because these assets are not held as personal property in Epstein's name, I have indicted the two corporations, which will be named as co-conspirators and as aiders and abettors in the relevant offenses. 'Epstein's resources are virtually limitless. In addition to the two airplanes, one of which cost $42,000,000, he has homes around the world, and a fortune estimated to exceed $1 billion. EFTA02857524 The investigation initially was undertaken by the City of Palm Beach Police Department in res onse to a com taint received from the parents of a 14-year-old girl, "Jane Doe #2," from . When Jane Doe #2 and another girl began arguing at school because the other girl accused Jane Doe #2 of being a prostitute, one of the school principals intervened. The principal searched Jane Doe #2's purse and found $300 cash. The principal asked Jane Doe #2 where the money came from. Jane Doe #2 initially claimed that she earned the money working at "Chik-Fil-A," which no one believed. Jane Doe #2 then claimed that she made the money selling drugs; no one believed that either. Jane Doe #2 finally admitted that she had been paid $300 to give a massage to a man on Palm Beach Island. Jane Doe #2's parents approached the Palm Beach Police Department ("PBPD") about pressing charges. PBPD began investigati, red ient of the massage, Jeffrey Epstein, and two of his assistants, and PBPD identified approximately 27 girls who went to Epstein's house to perform "sexual massages" (not including one licensed massage therapist) or who recruited girls to do the same. The girls' ages ranged from 14 years' old to 23 years' old. Some girls saw Epstein only once and some saw him dozens of times. The "sexual massages" performed also varied. Some girls were fully clothed while they massaged Epstein; some wore only their underwear; and some were fully nude. During all of these massages, Epstein masturbated himself and he would touch the girl performing the massage, usually fondling their breasts and touching their vaginas - either over their clothing or on their bare skin. Epstein often used a vibrator to masturbate the girls and digitally penetrated a number of them. For the girls who saw him more often, Epstein Elated to oral sex and vaginal sex. Epstein sometimes brought his assistant/girlfriend, into the sexual activity. On October 18, 2005, PBPD obtained a search warrant with the assistance of the Palm Beach County State Attorney's Office ("PBSAO"). By this time, PBSAO had already been contacted by Epstein's cadre of lawyers. When PBPD arrived at Epstein's home two days later (10/20/05) to execute the search warrant, they found several items conspicuously missing. For example, computer monitors and keyboards were found, but the CPUs were gone' Similarly, surveillance cameras were found, but they were disconnected and the videotapes were gone. Nonetheless, the search did recover some evidence of value, 'During a meeting, Epstein's current attorneys, Gerald Lefcourt and Lilly Ann Sanchez, admitted that attorney Roy Black instructed Epstein to have the CPUs removed, but they insisted that those instructions were given well in advance of the execution of the search warrant — not in response to a "leak." 2 EFTA02857525 including message pads showing messages from many girls over a two-year span. The messages show girls phone calls to confirm ap iii"work." Messages were taken by a, and 4 The search also recovered numerous photos of Epstein sitting with naked girls whose ages are undetermined. Photographs taken inside the home show that the girls' descriptions of the layout of the home and master bedroom/bathroom area are accurate. PBPD also found massage tables and oils, the high school transcript of one of the girls, and sex toys. In sum, the PBPD investigation showed that girls from a local high schools would be contacted by one of Epstein's assistants to make an appointment to "work." Up to three appointments each day would be made. The girls would travel to Epstein's bars ip Palm Beach where they would meet Epstein's chef and Epsteiti's assistant—usually an the kitchen. The assistant normally would escort the girls upstairs to the master bedroom/bathroom area and set up the massage table and massage oils. The assistant would leave and Epstein would enter the room wearing a robe or a towel. He would remove the clothing and lie face down and nude on the massage table. Epstein would then instruct the girl on what to do and would ask her to remove her clothing. After some time, Epstein would turn over, so that he was lying face up. Epstein would masturbate himself and fondle the girl performing the massage. When Epstein climaxed, the massage was over. The girl was instructed to get dressed and to go downstairs to the kitchen while Epstein showered. Epstein would pay the girl—usually $200-and if it was a "new" girl, would ask for the girl's phone number to contact her in the future.6 Girls were encouraged to find other girls to bring with them. If a girl brought another girl to perform a "massage," each girl would receive $200. The PBPD investigation consists primarily of sworn taped statements from the girls. When PBPD began having problems with PBSAO, they approached the FBI. The Ell 's maiden name was = S which was the name she used during the relevant period. 5Of the 12 undera re the subject of the indict High Sc High School, 1 attended High School, 1 attended High School, and 1 was home schooled. There are ten other girls whose telephone records are still being analyzed, some of whom will probably be the subject of a superseding indictment. Some of those girls came forward following the press coverage of the state investigation. We anticipate that more girls will come forward after Epstein's arrest. 6Usually Epstein made the payment and asked for the phone number, but sometimes it was the assistant. 3 EFTA02857526 investigation was formally presented to FBI and to me after PBSAO "presented" the case to a state grand jury and that grand jury returned an indictment charging Epstein with three counts of solicitation of prostitution.' Once I determined that there were federal statutes violated, FBI, ICE, and I opened files. The federal investigation has focused on the interstate nexus required for all of the federal violations, so a number of grand jury subpoenas were issued for telephone records, flight manifests, and credit card records. The federal agents also re-interviewed some of the girls, but limited their questions to "new" topics, such as the specific means of contact, to avoid creating inconsistent Jencks materials. The agents also delved into Epstein's history and interviewed others and obtained records to corroborate the girls' stories. FBI also interviewed girls who came forward after the PBSAO indictment was reported in the papers, and additional girls identified through those interviews. I will first address the different crimes with which Epstein can be charged, setting forth the elements of those offenses and the types of evidence that I intend to use to satisfy those elements. Second, I will summarize the evidence related to each girl who has been identified as a potential victim in this case. Following the discussion of the girls' statements and evidence, there is a discussion of the evidence from other witnesses, including corroborating evidence and information related to Epstein's background. The last section discusses forfeiture. II. The Law of the Offenses Charged' Epstein's conduct violates a number of federal statutes, all of which are discussed herein. None of the statutes or their penalties changed during the time period charged (early 'The presentation consisted almost entirely of cross-examination of the girls who testified (Jane Doe #2 and Jane Doe #8) using the materials presented by Epstein's attorneys (discussed below). We were unable to obtain the tape of the State Attorney's instructions on the law and presentation of the indictment, so we do not know whether the grand jury was told that lack of knowledge of age in not a defense under Florida law or the charges that they chose from. The grand jury only heard about the two girls who testified. An indictment was returned charging Epstein with three counts of solicitation of prostitution - two are misdemeanors, a third conviction (even simultaneously) is a felony. Our information is that Epstein is negotiation a misdemeanor plea. 'Attached as Appendix A are materials received from counsel for Epstein, including their legal analysis. The points they raise are addressed in this memo. 4 EFTA02857527 2004 through mid-2005), although many have changed since then. I use the language of the statutes as they appeared while Epstein was committing the offenses. In addition to conspiracy charges, there are five statutes related to sexual activity that have been violated. First, Epstein traveled in interstate commerce with the intent to engage in illicit sexual conduct, in violation of 18 U.S.C. § 2423(b). Second, Epstein and his assistants used a facility of interstate commerce to induce or entice minors to engage in prostitution and sexual activity for which an rson can be charged, in violation of 18 U.S.C. § 2422 b . Third, Epstein transported in interstate commerce with the intent that engage in sexual activity for which a person can be charged, in violation o 18 U.S.C. § 2421. For these three offenses, knowledge of the victim's age does not need to be proven, although a reasonable belief that a person is over 18 is an affirmative defense to a limited portion of § 2423(b).9 In those instances where Epstein and/or the assistants knew the ages of the girls (or had reason to know their ages but willfully blinded themselves to that knowledge), they can be char ed with sex traffickin in violation of 18 U.S.C. § 1591(a)(1). In such instances, and also can be charged with benefitting from their participation in a venture engaged in human sex trafficking, in violation of 18 U.S.C. § 1591(a)(2). A. Violations of the Mann Act; 18 U.S.C. 6§ 2421-2423 1. Knowledge of Age Is Not Required. The Mann Act criminalizes traveling in interstate commerce to engage in "illicit sexual conduct," (§ 2423(b)), using a facility of interstate commerce to entice a minor to engage in sexual activity or prostitution (§ 2422(b)), and transporting a person to engage in sexual activity (§ 2421). Sections 2423(b) and 2422(b) require a minor victim, but they do not require that the defendant know that the victim is a minor. For example, in December, the Fourth Circuit issued its opinion in United States v. Jones, 471 F.3d 535 (4th Cir. 2006). Jones was charged with transporting a minor across state lines for sexual purposes, in violation of Section 2423(a), which reads: 9Section 2421 was originally referred to as the Mann Act. Sections 2422 and 2423 are more recent additions, which focus on children. All three sections are sometimes jointly referred to as the Mann Act. 5 EFTA02857528 A person who knowingly transports an individual who.has not attained the age of 18 years in interstate or foreign commerce ... with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title and imprisoned not less than 5 years and not more than 30 years. Jones argued that the term "knowingly" in that section required the Government to prove that Jones knew the age of the victim. The Fourth Circuit soundly rejected the argument, citing the other circuits reaching the same conclusion. Jones, 471 F.3d at 538-39 (citing United States v. Griffith, 284 F.3d 338, 351 (2d Cir. 2002); United States v. Taylor, 239 F.3d 994, 997 (9th Cir. 2001); United States v. Scisum, 32 F.3d 1479, 1485-86 (10th Cir. 1994); United States v. Hamilton, 456 F.2d 171, 173 (3d Cir. 1982)). Instead, the court concluded that the Government need only prove that the defendant "knowingly transported" someone. The Government must also prove that the person transported was, in fact, a minor, but need not prove that the defendant was aware of her minority. In conducting its analysis, the Jones Court relied upon cases interpreting sections of Title 21 relating to the distribution of drugs to a minor. See Jones at 540. Those cases have held that the Government must prove only that the defendant knowingly distributed the narcotics to someone who happened to be underage. While the Eleventh Circuit has not addressed the question posed by Jones, it has addressed 21 U.S.C. § 861(a)(3) and has reached the same conclusion in approving the district court's instructions to the jury: Section 845 of 21 U.S.C.A. provides that anyone who knowingly or intentionally distributes controlled substances to a person under twenty-one is subject to enhanced penalties. ... [T]he court instructed the jury that it is not an essential element of the crime that the person who distributes be knowledgeable that the person to whom he distributes is under twenty-one years old; it is the distribution that must be knowing, although it is an essential element that the person to whom the distribution is made is under twenty-one. United States v. Pruitt, 763 F.2d 1256, 1261 (11th Cir. 1985). In reaching this decision, the Eleventh Circuit relied upon the Third Circuit's Hamilton decision, supra: There is, however, a precise analogue to this statute, 18 U.S.C.A. § 2421 et seq. (White Slave Traffic Act), which prohibits the interstate transportation of persons in order to engage in immoral practices including prostitution, and which provides enhanced penalties for the knowing transportation of persons 6 EFTA02857529 under the age of eighteen years. Under this statute, knowledge of the victim's age is not an element of the crime; the "knowing" component applies to the transportation itself. Id. at 1262 (citing Hamilton). See also United States v. Williams, 922 F.2d 737, 739 (11th Cir. 1991) (using same rationale to decide that Government need not prove knowledge of age for a charge of knowingly employing, using, persuading, inducing, enticing, or coercing a person under eighteen years of age in the commission of a drug offense). In United States v. Taylor, 239 F.3d 994 (9th Cir. 2001), the Ninth Circuit addressed a defendant's assertion that knowledge of minority is required to convict him of transporting a minor for purposes of prostitution. The Ninth Circuit held that the "more natural reading of the statute, however, is that the requirement of knowledge applies to the defendant's conduct of transporting the person rather than to the age of the person transported." Id. at 997. In Taylor, the defendant argued that the court should analogize the statute to the transportation of hazardous waste, which requires a showing that the defendant knew the waste was hazardous. The Ninth Circuit rejected that suggestion: in contrast, the transportation of any individual for purposes of prostitution or other criminal sexual activity is already unlawful under federal law. 18 U.S.C. § 2421. Under 18 U.S.C. § 2423(a), the fact that the individual being transported is a minor creates a more serious crime in order to provide heightened protection against sexual exploitation of minors. As Congress intended, the age of the victim simply subjects the defendant to a more severe penalty in light of Congress' concern about the sexual exploitation of minors. Cf. United States v. Figueroa, 165 F.3d 111, 115 (2d Cir. 1998) (noting that, if a criminal statute's language is unclear, its scienter requirement is presumed to be met once an individual forms the requisite intent to commit some type of crime). • • • . . . Ignorance of the victim's age provides no safe harbor from the penalties in 18 U.S.C. § 2423(a). If someone knowingly transports a person for the purposes ofprostitution or another sex offense, the transporter assumes the risk that the victim is a minor, regardless of what the victim says or how the victim appears. Id. (emphasis added; additional internal citations omitted). Cl United States v. Wild, 143 7 EFTA02857530 Fed. Appx. 938, 942 (4th Cir. 2005) (the parties agreed that, to prove a violation of § 2423(a), the United States had to show that (1) the defendant transported the victim in interstate commerce; (2) the defendant did so knowingly and with the intent that the victim engage in prostitution; and (3) the victim was under the age of 18 at the time she was transported). This reading finds additional support in the Mann Act itself using the doctrine of "expressio unius est exclusio alterius" (to express or include one thing implies the exclusion of the other). Section 2423(g) creates an affirmative defense to one portion of a violation of Section 2423(b). For purposes of that subsection alone, a defendant may raise an affirmative defense, which he must prove, that the defendant "reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years." 18 U.S.C. § 2423(g). The inclusion of that affirmative defense shows that Congress considered the issue and decided that the United' States does not have to make an initial showing of knowledge of age for violations of 2423(b). Congress likewise considered the same issue for the other portions of the Mann Act and reached the same conclusion. If Congress had intended to place the burden of proving age on the United States — or if it had decided that it should create an affirmative defense to those charges — it could have done so. Congress' use of similar offense language for the other sections of the Mann Act shows that Congress likewise did not intend to require proof of knowledge of age to violate those sections either. See Gustafson v. Alloyd Co., Inc., 513 U.S. 561, 570 (1995) (noting the "normal rule of statutory construction" that "identical words used in different parts of the same act are intended to have the same meaning"). In United States v. Scott, 999 F.2d 541, 1993 WL 280323 (6th Cir. 1993), the defendant argued that the Mann Act was unconstitutional for failing to include a requirement that the Government prove the defendant's knowledge of the age of the minor. The Sixth Circuit rejected the argument. First, it found that "[k]nowledge that a girl is under 18 years of age when transported interstate is not part of the proof required of the government in order to sustain a conviction under 18 U.S.C. § 2423. The government proved, as it must, that [the victim] was in fact a minor at the time of the interstate transportation ... The Mann Act does not require more." Id., 1993 WL 280323 at *6 (citation omitted). The Sixth Circuit then stated: it does not offend due process for Congress to draft a statute that does not require the prosecution to show that a defendant believed the victim to be under the age of 18 when she was transported interstate, because the law has traditionally afforded minors substantial protection from others.... Similarly, the Constitution does not require that a defendant be provided a defense of 8 EFTA02857531 mistake of age when accused of a Mann Act violation involving a minor. Id. (citations omitted). This approach is consistent with the law of statutory rape, which generally holds that a defendant's good faith mistake as to the victim's age is no defense. In United States v. Ransom, 942 F.2d 775 (10th Cir. 1991), the Tenth Circuit addressed a federal statutory rape provision, which provides: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both." Id. at 775 (quoting 18 U.S.C. § 2241(c)). The defendant asserted that a "reasonable mistake as to age defense" should be read into the statute or, alternatively, that the statute was unconstitutional for failing to include such a defense. The Tenth Circuit rejected the arguments, noting that "the majority of courts that have considered the issue have rejected the reasonable mistake of age defense to statutory rape absent some express legislative directive." Id. (citations omitted). Further, the "Supreme Court has recognized that the legislature's authority to define an offense includes the power `to exclude elements of knowledge and diligence from its definition." Id. (quotingLambert v. California, 355 U.S. 225, 228 (1957)). The Tenth Circuit also agreed with the legislative history, finding that the statute "protects children from sexual abuse by placing the risk of mistake as to a child's age on an older, more mature person who chooses to engage in sexual activity with one who may be young enough to fall within the statute's purview." Id. at 777 (citing Nelson v. Moriarty, 484 F.2d 1034, 1035 (1st Cir. 1973)). The Ninth Circuit addressed similar arguments in United States v. Juvenile Male, 211 F.3d 1169 (9th Cir. 2000), and reached the same conclusions. As discussed in Ransom, Epstein and his assistants were the "older, more mature person[s]" who chose to engage in sexual activity and prostitution with young girls. The risk of mistake regarding the ages of those victims should lie with the targets. 2. Coercion and Enticement: 18 U.S.C. § 2422 ICounts 5 to 161 Whobver, using the mail or any facility or means of interstate . . . commerce, ... knowingly persuades, induces, [or] entices ... any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 5 years and not more than 30 years. 9 EFTA02857532 18 U.S.C. § 2422(b). The United States must show either: Eat That the Defendant knowingly used a facility of interstate commerce to persuade, induce, or entice a person to engage in prostitution; and Second: That the person so persuaded was under the age of 18; or First: That the Defendant knowingly used a facility of interstate commerce to persuade, induce, or entice a person to engage in sexual activity; Second: That the person so persuaded was under the age of 18; and Third: That the Defendant could have been charged with a criminal offense under the law of Florida based upon the sexual activity.10 The statute does not define "facility or means of interstate commerce" or "prostitution." a. A telephone is a "facility of interstate commerce." The Eleventh Circuit has ruled that evidence of the use of a telephone satisfies the element of using a facility or means of interstate commerce. UnitedStates v. Drury, 396 F.3d 1303, 1311 (1Ith Cir. 2005) (the term "facility ofinterstate commerce ... establishes federal jurisdiction whenever any "facility of interstate commerce" is used in the commission of [the] offense, regardless of whether the use is interstate in nature (Le., the telephone call was '°Note that there is an Eleventh Circuit Pattern Jury Instruction for attempted enticement of a minor. In that instruction, the Eleventh Circuit included a willfulness requirement — including a requirement that the defendant believe that the individual was under eighteen. Those additional requirements apply to a charge of attempted enticement because attempt is a specific intent offense that requires the United States to prove that the defendant "knowingly and willfully intended to commit the offense" — i.e., that he intended to commit the crime. I 1th Cir. Pattern Jury Instr., Special Instr. 11 ("Attempt(s)") (2003). Where, as here, the offense is completed, the statutory language requires only that the defendant knowingly persuade, induce, or entice someone to engage in prostitution or criminal sexual activity. 10 EFTA02857533 between states) or purely intrastate in nature (i.e., the telephone call was made to another telephone within the same state)."). In Drury, the defendant used his land-line telephone to call an undercover agent's cellular telephone. Although both the defendant and the agent were in Georgia, the signals to the agent's cell phone had to pass through VoiceStream's Jacksonville, Florida switching center. The defendant argued that he did not know or intend that the call pass in interstate commerce. The Eleventh Circuit was unpersuaded: The calls were not accidentally or incidentally placed, but rather were made knowingly to further a scheme. . . . Accordingly, whether Drury knew or intended that they would travel across state lines is immaterial. Id. at 1313. In Drury, the Eleventh Circuit did not address whether the district court erred by instructing the jury that telephones are "facilities in interstate commerce." In an unpublished decision from last year, the Eleventh Circuit wrote, in dicta, that there was no error in instructing a jury that "the telephone system was a facility of interstate commerce." United States v. Roberts, 2006 WL 827293 n.1 (1 I th Cir. Mar. 30, 2006). See also United States v. Strevell, 2006 WL 1697529, •3 (11th Cir. June 20, 2006) (fmding that a defendant's placing of "numerous phone calls from Philadelphia to Miami in order to arrange his sexual encounter" was sufficient to prove the use of a facility and means of interstate and foreign commerce). Earlier this year, the Eleventh Circuit found that the United States adequately proved the jurisdictional element of § 2422(b) when evidence was introduced that the defendant used both a cellular telephone and a land-line telephone to entice a minor to engage in prostitution, even though no evidence was introduced that the calls were routed through interstate channels. United States v. Evans, 476 F.3d 1176, 1180 (11th Cir. 2007). The Eleventh Circuit then held: Telephones and cellular telephones are instrumentalities of interstate commerce. Evans's use of these instrumentalities of interstate commerce alone, even without evidence that the calls he made were routed through an interstate system, is sufficient to satisfy § 2422(b)'s interstate-commerce element. Id. at 1180-81 (citations omitted). b. "Prostitution" As noted above and discussed more thoroughly below, almost none of the girls 11 EFTA02857534 engaged in traditional sexual intercourse with Epstein. The common activity included allowing Epstein to fondle the girl while he masturbated himself, Epstein's digital penetration of the girl, and Epstein's use of a vibrator on the girl while he masturbated himself. It is clear that this activity was done in exchange for money, but the defense will likely argue that some of the activity was not "sexual enough" to qualify as "prostitution." Title 18 carries no definition of "prostitution." In United States v. Prince, the Fifth Circuit approved of the generic definition "sexual intercourse for hire". Prince, 515 F.2d 564, 566 (5th Cir. 1975).11 In 1946, the Supreme Court defined prostitution as the "offering of the body to indiscriminate lewdness for hire." Cleveland v. United States, 329 U.S. 14, 17 (1946). Black's Law Dictionary contains several definitions of prostitution: Prostitution: Act of performing, or offering or agreeing to perform a sexual act for hire. Engaging in or agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person. Includes any lewd act between persons for money or other consideration. Within meaning of statute proscribing prostitution, comprises conduct of all male and female persons who engage in sexual activity as a business. Black's Law Dictionary (6th Ed. 1990) at 1222. The term "lewd" is especially broad, and probably covers all of the acts described below. The district court may decide to limit the term to the definition contained in Florida law. The Florida Statutes define prostitution as "the giving or receiving of the body for sexual activity for hire ..." Fl. Stat. § 796.07(1)(a) (2004).12 Sexual activity, in turn, means "oral, anal, or vaginal penetration by, or union with, the sexual organ of another, anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation . . ." Fl. Stat. § 796.07(1Xd). If this definition is used, those instances where the girls remained clothed and where Epstein did "In Bonner v. City of Prichard, 661 F. 2d 1206 (11th Cir. 1981), the Eleventh Circuit adopted as binding precedent all Fifth Circuit decisions rendered prior to October 1, 1981. 12I have used the Florida Statutes in effect at the time that the offenses occurred. They have not changed since then although, as shown below, amendments are currently pending. 12 EFTA02857535 not fondle the girls' vaginas would probably fall outside the definition of "prostitution."" In light of the Mann Act's legislative history, the broadest definition should apply, and I have used that in my charging decisions." c. "Any sexual activity for which any person can be charged with a criminal offense" Section 2422 outlaws both the use of a facility of interstate commerce to entice a minor to engage in prostitution and the use of that facility to entice a minor to engage in "any sexual activity for which any person can be charged with a criminal offense." According to the Eleventh Circuit Pattern Jury Instruction, the determination of what sexual activity is criminal is governed by Florida law. Florida law bars a person from procuring anyone under the age of 18 to engage in prostitution or to cause a minor to be prostituted. Fl. Stat. § 796.03 (2004). Florida also defines four categories of lewd or lascivious offenses that criminalize behavior between adults and children under the age of 16: 1. "Lewd or lascivious battery" occurs when an adult "[ejngages in sexual activity's with a person 12 years of age or older but less than 16 years of age." Fl. Stat. § 800.04(4)(a) (2004). 2. "Lewd or lascivious molestation" occurs when an adult "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 "There currently is legislation pending before the Florida Legislature increasing the penalties related to child prostitution. The section defining "prostitution" has been renumbered but the language remains the same. That chapter also has an offense of obtaining a person for "lewdness," (Proposed Fl. Stat. 796.07), which is defined as "any indecent or obscene act." (Proposed Fl. Stat. 796.011(4)) "If we restricted charges to instances where Epstein stroked a girl's vagina or digitally penetrated her, we would need to drop the counts related to Jane Doe #1 and Jane Doe #4. 's"Sexual activity" is defined as "the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose." Fl. Stat. § 800.04(1Xa). The only girl under 16, Jane Doe #2, was digitally penetrated, which satisfies this definition. 13 EFTA02857536 or entices a person under 16 years of age to so touch the perpetrator." Fl. Stat. § 800.04(5)(a) (2004). 3. "Lewd or lascivious conduct" occurs when a person intentionally touches a person under 16 years of age in a lewd or lascivious manner or solicits a person under the age of 16 to commit a lewd or lascivious act. Fl. Stat. § 800.04(6)(a) (2004). 4. "Lewd or lascivious exhibition" occurs when a person intentionally masturbates or exposes his genitals in a lewd or lascivious manner in the presence of a victim who is less than 16 years of age. Fl. Stat. § 800.04(7)(a) (2004)." All of these offenses are classified as second degree felonies when perpetrated by an adult. Fl. Stat. §§ 800.04, 800.04(5)(c)(2), 800.04(6)(b), 800.04(7)(c) (2004). Section 800.04 affirmatively bars two defenses to these charges. First, "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section." Fl. Stat. § 800.04(2) (2004). Second, the "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 this section." Fl. Stat. § 800.04(3) (2004). Florida law also bars "sexual activity" between adults over the age of 24 and minors who are 16 or 17 years' old. Fl. Stat. § 794.05(1) (2004). In those cases, "sexual activity" is defined as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another." Id. With this offense, ignorance of the victim's age, misrepresentation of the victim's age, and a bona fide belief that the victim is over the age of 17 are not defenses. Fl. Stat. § 794.021 (2004). d. Charging Decisions All of the girls were enticed into committing prostitution and some were also enticed into engaging in criminal sexual activity. I have charged the defendants with enticing each girl into prostitution or criminal sexual activity. "'The Florida Legislature currently is amending § 800.04(7) making it a second-degree felony to commit lewd or lascivious exhibition in front of any victim, regardless of the victim's age. 14 EFTA02857537 e. Conspiracy to Violate Section 2422(b) [Count 1] Unlike most of the other statutes discussed herein, Section 2422(b) does not include its own conspiracy prohibition. Accordingly, a conspiracy to violate Section 2422(b) requires the allegation of a Section 371 conspiracy. While, generally speaking, it is nice to avoid the trouble of alleging a 371 conspiracy, in this case it actually may work to our benefit. First, it allows us to set forth in the indictment, in painstaking detail, the scope of the conspiracy. Second, it allows us to allege as "overt acts," items that might otherwise be excluded pursuant to Fed. R. Evid. 404(b). For example, if Epstein and his assistants engaged the services of an eighteen-year-old girl ("A") to perform a sexual massage on Epstein, that could not be charged as a substantive offense. But, if A was asked to bring additional girls and A later brought Epstein girls who were under eighteen, then the activities with A were overt acts in the conspiracy." 1. Penalties and Forfeiture The charged offenses occurred before the enactment of the Adam Walsh Act, so each count carries a sentence of 5 to 30 years in prison, supervised release of up to life, and a $250,000 fine. The current version of 18 U.S.C. § 2428 states that the Court, in imposing sentence, "shall order, in addition to any other sentence imposed . . . that such person shall forfeit to the United States — (1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation[.]" Applying this language, Epstein's Palm Beach home and the two airplanes that he used to travel to West Palm Beach are subject to forfeiture. Section 2428 went into effect on January 10, 2006, so unless we can show activity continuing past that date, it will not apply. For the relevant time period (2004 to late 2005), criminal forfeiture was governed by 18 U.S.C. § 2253(a), which states: [a] person . . . who is convicted of an offense under section 2421, 2422, or 2423 of chapter 117, shall forfeit to the United States such person's interest in — (3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense. ""An `overt act' is any transaction or event, even one which may be entirely innocent when considered alone, but which is knowingly committed by a conspirator in an effort to accomplish some object of the conspiracy." 11th Cir. Pattern Jury Instr., Offense lnstr. 13.1 (2003). 15 EFTA02857538 This language also should apply to Epstein's Palm Beach home and the two airplanes. The charge of conspiracy to violate Section 2422 carries a penalty of only 5 years in prison because it must be charged as a Section 371 conspiracy. Forfeiture of the relevant property is still available through enabling provisions. 3. Traveling with Intent to Engage in Illicit Sexual Conduct: 18 U.S.C. § 2423(b) [Counts 17 to 50] A person who travels in interstate commerce . .. for the purpose of engaging in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both. 18 U.S.C. § 2423(b). Thus, the United States must prove that Epstein knowingly traveled in interstate commerce and that he did so for the purpose of engaging in illicit sexual conduct, as defined below. a. Proof of intent to travel In apparent anticipation of this charge, In Appendix A, Epstein's attorneys assert that Epstein's trips to Florida were not undertaken for the sole purpose of engaging in illicit sexual conduct—he traveled just to visit his home and attend meetings, etc.— and, therefore, he lacked the requisite intent to violate Section 2423(b). The Eleventh Circuit has held that, in order to be convicted of violating Section 2423(b), the United States must prove that the defendant "had formed the intent to engage in sexual activity with a minor" when he crossed state lines." United States v. Hersh, 297 F.3d 1233, 1246 (11th Cir. 2002). See also United States v. Han, 230 F.3d 560 (2d Cir. 2000) (defendant could be convicted of violating Section 2423(b) even though no sexual activity occurred and "minor" was really an undercover officer because the defendant had formed the necessary intent by developing a plan to cross state lines to engage in sexual acts with the minor); United States v. Root, 296 F.3d 1222, 1231-32 (11th Cir. 2002). Just a few weeks ago, the Eleventh Circuit addressed for the first time the issue of a 'Although Hersh specifically mentions "sexual activity with a minor," knowledge of age is not required, as discussed above. 16 EFTA02857539 "combined motive" for traveling, and approved the following instruction: the Government [] does not have to show that engaging in criminal sexual activity with a minor was the Defendant's only purpose, or even his primary purpose; but the Government must show it was one of the purposes for transporting the minor or for the travel. In other words, the Government must show that the Defendant's criminal purpose was not merely incidental to the travel. United States v. Hoschouer, F.3d,_, 2007 WL 979931, *1 (11th Cir. Apr. 3, 2007). The decision of the Eleventh Circuit was consistent with every other circuit that has addressed the issue: It is not necessary for the government to prove that the illegal sexual activity was the sole purpose for the transportation. A person may have several different purposes or motives for such travel, and each may prompt in varying degrees the act of making the journey. The government must prove beyond a reasonable doubt, however, that a significant or motivating purpose of the travel across state or foreign boundaries was to have the individual transported engage in illegal sexual activity. In other words, the illegal sexual activity must have not been merely incidental to the trip. United States v. Hayward, 359 F.3d 631, 637-38 (3d Cir. 2004). See also United States v. Garcia-Lopez, 234 F.3d 217, 220 (5th Cir. 2000) (The district court did not err in instructing the jury that "it was sufficient for the Government to prove that one of the [the defendant's] motives in traveling was to engage in a sexual act with a minor."); United States v. Yang, 128 F.3d 1065, 1072 (7th Cir.1997); United States v. Meacham, 115 F.3d 1488, 1495 (10th Cir.1997); United States v. Sirois, 87 F.3d 34, 39 (2d Cir.1996); United States v. Campbell, 49 F.3d 1079, 1082-83 (5th Cir.1995) ("[I]t is not necessary to a conviction under the [Mann] Act that the sole and single purpose of the transportation of a female in interstate commerce was such immoral practices."); United States v. Ellis, 935 F.2d 385, 389-90 (1st Cir.1991) (jury could consider that defendant's personal motive for bringing minor on interstate family vacations and business trips was to have her available for sexual abuse even though there were other purposes for the trips); United States v. Snow, 507 F.2d 22, 24 (7th Cir.1974); United States v. Harris, 480 F.2d 601, 602 (6th Cir.1973); United States v. Cole, 262 F.3d 704, 709 (8th Cir. 2001) ("The illicit behavior must be one of the purposes motivating the interstate transportation, but need not be the dominant purpose," and a defendant's intent may be inferred from all of the circumstances) (citations omitted). 17 EFTA02857540 For each substantive count of violating § 2423(b), we have evidence that Epstein or one of his assistants called a girl a day or two before traveling to Florida, and called again while he was in Florida. The evidence consists of cell phone records from the assistants and the girls, the message pads recovered from the search of Epstein's home and from trash pulls, the flight manifests from Epstein's private lanes, and testimony from the girls about how the appointments were made. So, if called Jane Doe #6 to make an appointment on January 1st; Epstein traveled to Florida on January 2nd; and called Jane Doe #7 on January 3rd (when they were already in Florida) to make an appointment, I have charged a travel count but have listed only Jane Doe #6 as the victim of that offense.19 b. Illicit Sexual Conduct The United States must prove that one of the purposes of the defendant's travel was to engage in "illicit sexual conduct." "Illicit sexual conduct" means: (1) a sexual act (as defined in section 2246) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States; or (2) any commercial sex act (as defined in section 1591) with a person under 18 years of age. 18 U.S.C. § 2423(f). (I) A "sexual act" Title 18, United States Code, Section 2246(2) defines "sexual act" as: (A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however, slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, "Based on this scenario, both Jane Doe #6 and Jane Doe #7 would still be victims of enticement and sex trafficking. 18 EFTA02857541 degrade, or amuse or gratify the sexual desire of any person; or (D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. And Chapter 109A states: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who — (1) has attained the age of 12 years but has not attained the age of 16 years; and (2) is at least four years younger than the person so engaging; or attempts to do so" has committed a federal offense. This definition is limited to activity with Jane Doe #3 (the 14-year-old), who also engaged in a commercial sex act. (ii) A "commercial sex act" "The term `commercial sex act' means any sex act, on account of which anything of value is given to or received by any person." 18 U.S.C. § 1591(cX1). The statute does not go on to define "sex act," but the legislative history of this statute makes clear that the term is to be read very broadly. The term "commercial sex act" replaced the term "prostitution" in an earlier version of the statute. Section 1591 was enacted as part of the "Victims of Trafficking and Violence Protection Act of 2000." Pub. L. 106-384, 114 Stat. 1464. In drafting that legislation, Congress noted: "The sex industry has rapidly expanded over the past several decades. It involves sexual exploitation of persons, predominantly women and girls, involving activities related to prostitution, pornography, sex tourism, and other commercial sexual services." Id. at § 102(b)(2). The highlighted language shows that "commercial sexual services" is a broader term than "prostitution," and is meant to include prostitution, the creation of pornography, and other [undefined] acts. When the Sentencing Commission amended the Sentencing Guidelines to correspond with this new legislation, it replaced the term "prostitution" with "commercial sex acts" in the heading of part G of Section 2 and throughout that section.20 The Commission gave a 20Part G contains the guidelines for calculating the offense levels for "Offenses Involving Commercial Sex Acts, Sexual Exploitation of Minors and Obscenity." 19 EFTA02857542 stated reason for the amendment: This amendment ensures that appropriately severe sentences for sex trafficking crimes apply to commercial sex acts such asproduction ofchildpornography, in addition to prostitution .. . It proposes several changes to § 2G1.1 . . . to address more adequately the portion of section 112(b) of the Victims of Trafficking and Violence Protection Act of 2000 ... The amendment proposes three substantive changes to § 2G1.1. First, this amendment broadens the conduct covered by the guideline beyond prostitution •to encompass all commercial sex acts, consistent with the scope of the Act. . . . U.S.S.G. App. C, Vol H, Amendment 641 (emphasis added). The reference to child pornography is especially helpful to us, because the child pornography statutes use the term "sexually explicit conduct," which is extremely broad, and includes masturbation and the "lascivious exhibition of the genitals or pubic area of any person." 18 U.S.C. § 2256(2)(A). One can certainly argue that a commercial sex act included receiving payment in exchange for engaging in "sexually explicit conduct." c. Charging Decisions Charging decisions, I have charged traveling to engage in "illicit sexual conduct." I have elected to treat all of these sexual massages as "commercial sex acts" regardless of whether there was any penetration. Epstein exchanged money for the opportunity to view underage girls in various states of undress and to masturbate in front of them. As described by the girls, Epstein received sexual gratification from the experience and he constantly tried to "push the envelope" to convince the girls to become more and more sexual. As described, when a girl refused to let Epstein touch her, Epstein "down-promoted her" to become a recruiter. d. Conspiracy [Count 2] Section 2423(e) creates a separate offense for conspiring to violate Section 2423(b), so the indictment contains a single conspiracy count, without the allegation of overt acts, for the entire period of the conspiracy. e. Additional Ancillary Offense [Count 3] The statute contains an additional ancillary offense making it illegal, for the purpose 20 EFTA02857543 of commercial advantage or private financial gain, to arrange, induce, procure, or facilitate the travel of a person knowing that such person is traveling in interstate commerce for the purpose of engaging in illicit sexual conduct. 18 U.S.C. § 2423(c). One of job responsibilities, for which she was paid handsomely, was to arrange both the appointments with the underage girls and also to arrange Epstein's travel. Epstein's pilots testified that was the person who would call them to have them at the airport at a given time and who would tell them where they would be traveling to. Accordingly, I have charged alone with a single count of violating § 2423(c). f. The Affirmative Defense Regarding Knowledge of Age Section 2423(g) provides that in "a prosecution under this section based on illicit sexual conduct as defined in subsection (0(2), it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years." So, for those allegations involving commercial sex acts with 16- and 17-year-old girls, the defendant can come forward and present affirmative evidence that he reasonably believed that the girls were 18 or older. The defense cannot be asserted for the sex acts with girls under the age of 16. Congress's decision to include an affirmative defense to part of the statute shows that it has considered the issue and determined that the Government does not have to prove that the defendant knew the victims were underage for the other portions of the statute. This is consistent with the cases interpreting various sections of the Mann Act. Thus, for that instance where we know that a 17-year-old girl affirmatively told Epstein that she was 18 — and it would have been reasonable for Epstein to believe that statement — I have not charged Epstein with violating 2423(b). Jane Doe #1 was 17 when she met Epstein and told him that she was 18. She says that she believes that Epstein "knew better," but Epstein can probably raise the affirmative defense as to her. Jane Doe #2 also told Epstein that she was 18. She was only 14 at the time and one girl described her as by filioungest-looking girl whom Jane Doe #1 recruited. As with all the girls, Esptein and never asked anyone to present identification or did anything to try to confirm that they were over 18. For all of the other girls, they either told Epstein their ages or didn't say anything and he never asked. For a number of girls, Epstein provided taxicabs or Town Cars because the girls could not drive. Epstein talked about hi h school events (like prom and soccer practice) with the girls; he sent roses to High School to Jane Doe #6 when she was performing in a play. Jane Doe #6 also gave Epstein 21 EFTA02857544 a copy of her transcript on three separate occasions. He told Jane Doe #1, "the younger the better." The evidence certainly is enough to give rise to a deliberate ignorance instruction and it also defeats the affirmative defense, if raised. g. Penalties and forfeiture A violation of section 2423, including the conspiracy provision of 2423(e), has no mandatory minimum sentence, and the maximum sentence is 30 years in prison, lifetime supervised release, and a $250,000 fine. As explained above, for the relevant time period (2004 to late 2005), criminal forfeiture was governed by 18 U.S.C. § 2253(a), which also applies to violations of section 2423. 4. Transportation of an individual to Engage in Sexual Activity: 18 U.S.C. § 2421 [Count 591 Whoever knowingly transports any individual in interstate or foreign commerce ... with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense,21 or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both. 18 U.S.C. § 2421. This traditional "Mann Act" section can be used to charge Epstein alone with transporting his girlfriend, a from New York to Florida to engage in sexual activity with one of the girls. As will be explained below, one of the victims, Jane Doe #6, estimates that she engaged in sexual activity with Epstein "hundreds of times." Jane Doe #6 reports that, at some point, Epstein a d to pay Jane Doe #6 more money if she would engage in sexual activity with while Epstein watched. Some of this activity occurred before Jane Doe #6 turned 18 and some occurred afterwards. Jane Doe #7 and Jane Doe #8 also report getting paid to engage in sexual activity with but we cannot determine their ages at the time. Regardless of the Florida girl's age at the time, "could have been charged with" the following criminal offenses: • offering to commit or committing prostitution or lewdness, Fl. Stat. § 796.07(2Xe) (2004); • soliciting, inducing, or enticing another to commit prostitution or lewdness, Fl. 'This could be a state or a federal offense. 22 EFTA02857545 Stat. § 796.07(2)(f) (2004); • aiding, abetting, or participating in either of the above-listed offenses, Fl. Stat. § 796.07(2)(h) (2004); or • purchasing the services of any person engaged in prostitution, Fl. Stat § 796.07(2)(I) (2004). Since the transported individual is considered a "victim" under this statute, cannot be charged, so Epstein is named alone. See, e.g., United States v. Love, 592 F.2d 1022, 1025 (8th Cir. 1979) (citing Gebardi v. United States, 287 U.S. 112, 118-19 (1932)). Just as with Section 2423(b), the Government must prove that the defendant had the requisite intent prior to the travel, but the Government does not have to prove that the defendant's sole purpose for traveling and transporting the individual was to have the individual engage in illegal sexual activity. Mortensen v. United States, 322 U.S. 369, 374 (1944); Crespo v. United States, 151 F.2d 44, 46 (1st Cir. 1945). This offense carries a statutory maximum of ten years in prison. During the relevant time period, the forfeiture provision of 18 U.S.C. § 2253(a)(3) applied, which mandates the forfeiture of assets used in the commission of the violation of Section 2421. B. Sex Trafficking of Children: 18 U.S.C. § 1591(a) For those cases where there is evidence that the defendants either knew or, but for their willful blindness, would have known that the victim was under 18, the defendants can be charged with violating two subsections of the child sex trafficking statute. Section 1591(a)(1) prohibits recruiting or obtaining children to engage in a commercial sex act. Section 1591(a)(2) punishes those who benefit financially from child sex trafficking. 1. Obtaining Children to Engage in Commercial Sex Acts: 18 U.S.C. § 1591(a)(1) [Counts 51 to 58] Section 1591(a)(1) makes it illegal for any person to knowingly, in or affecting interstate or foreign commerce, recruit, entice, transport, provide, or obtain by any means a person knowing that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. The term "commercial sex act" has the same meaning as discussed above ("any sex act, on account of which anything of value is given to or received by any person"). 23 EFTA02857546 This charge has frequently been used in connection with "sex tourism" cases prosecuted by the Office, where the defendant arranged through an undercover "travel a enc " to travel overseas to have sex with underage prostitutes. This case is analogous with and serving as Esptein's "travel agency" for his interstate travel to Florida to engage in prostitution with young girls. In United States v. Roberts, 174 Fed. App. 475 (11th Cir. 2006), Roberts challenged his conviction for attempting to engage a minor in commercial sex acts in violation of Section 1591(a)(1), all in violation of Section 1594(a).' Roberts contacted an undercover website promising travel to Costa Rica to meet underage prostitutes. Roberts arranged a trip with the undercover website, but then changed his mind because he did not want to travel internationally. Roberts and the undercover agent then arranged for the [non-existent] prostitutes to travel to Florida to meet Roberts at a hotel there. Roberts challenged the proof of the jurisdictional element of the offense. The Eleventh Circuit found sufficient evidence that Roberts' activities were "in or affecting interstate commerce" based upon Roberts' use of a credit card to pay for his trip with the travel agency, his decision to meet the prostitutes at a hotel that served interstate travelers, and the fact that the prostitutes were supposed to move in international commerce. Id. at 478-79. The case of United States v. Strevell, 185 Fed. Appx. 841 (1 1th Cir. 2006), involved one of the people who actually tried to travel to Costa Rica using the undercover website. Strevell also challenged his conviction, claiming that the United States did not have jurisdiction over activity that was to take place overseas. The Eleventh Circuit rejected the argument, stating that Section 159I(a)(1): criminalize[s] the use of interstate commerce in an attempt to obtain and entice a minor for prostitution. Although all of Strevell's actions occurred in the United States, it is clear that he used means of interstate commerce in attempting to obtain and entice a minor for sex. He made numerous phone calls from Philadelphia to Miami to order to arrange his sexual encounter in Costa Rica. . . . he attempted to board a plane from Miami to Costa Rica in order to meet one, if not two, 14-year-old prostitutes. Id. at 845. Thus, the evidence of Epstein's violation of this statute includes his travel in interstate 'Section 1594(a) makes it a crime for any person to attempt to violate Section 1591. 24 EFTA02857547 commerce to commit the offense; directing his assistants to make interstate telephone calls to set up the appointments; and wiring money interstate to some of the girls as "bonuses." In United Stales v. Evans, 476 F.3d 1176 (11th Cir. 2007), and United States v. Sims, 161 Fed. Appx. 849 (1 1th Cir. 2006), the Eleventh Circuit affirmed Section 1591(a)(1) convictions for "pimps" who obtained underage girls and forced the girls to engage in prostitution. In Evans, the defendant argued that his purely intrastate activity was not "in or affecting interstate commerce." The Eleventh Circuit found that Evans' "conduct substantially affected interstate commerce" based on his "use of hotels that served interstate travelers and distribution of condoms that traveled in interstate commerce." Evans, 476 F.3d at 1179. Evans shows that a, la and are equally liable for violating Section 1591(aX1), since their actions were in and affecting interstate commerce (using the telephone and traveling with Epstein), and they recruited, enticed, provided, and obtained underage girls to work as prostitutes for Epstein. I have charged counts relating to Jane Does 3 through 8, 12, and 13. With all of those girls, there is affirmative evidence of some knowledge of age when the appointments were made. 2. Benefitting Financially from Participating in a Venture Engaged in Sex Trafficking: 18 U.S.C. § 1591(a)(2) [Count 4] Section 1591(a)(2) makes it illegal for a person to knowingly benefit "financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1), knowing that ... the person has not attained the age of 18 years and will be caused to engage in a commercial sex act." The term "commercial sex act" has the same meaning as discussed above. The statute defines "venture" as "any group of two or more individuals associated in fact, whether or not a legal entity." 18 U.S.C. § 1591(b)(3) (emphasis added). With respect to 1591(a)(2), the Tenth Circuit has stated the elements as: 1. the defendant knowingly benefitted financially from participating in a venture; 2. the acts engaged in by the venture were in or affecting interstate commerce; 25 EFTA02857548 3. the venture recruited, enticed, harbored, transported, provided, or obtained by any means a person; 4. the defendant knew that the person was under the age of eighteen; 5. the defendant knew the minor would be caused to engage in a commercial sex act. United States v. Wild, 143 Fed. Appx. 938, 942 (10th Cir. 2005). Epstein's assistants, and are people who benefitted financially from their participation in the venture based upon the salaries that they received from Epstein. They will, no doubt, argue that the salaries that they received were unrelated to the work of setting appointments for Epstein to meet with prostitutes. The evidence however reveals the importance of this part of their jobs. For example, in reviewing telephone records, during periods that they were traveling to Florida, a large number of the calls that she made — on a cellular telephone paid for by Epstein — were to girls whom we have identified. There are, no doubt, girls whom we have not identified. Setting up the appointments and travel arrangements, purchasing birthday gifts for the girls, and wiring funds to them all add up to a significant ortion of duties and, therefore, a significant part of her pay. With respect to she participated in some of the sexual performances. During the relevant period, , and all received a salary and free housing in Manhattan, as well as the ability to travel with Epstein on his private plane, staying in his home, and being fed by his private chef. All of these amount to "something of value" and the relationship of the three assistants as co-employees amounts to a "group of two or more individuals associated in fact, whether or not a legal entity," that is, a "venture" as defined in Section 1591(b)(3). 3. Conspiracy The Child Sex Trafficking statutes do not include a separate conspiracy charge, so, if charged, it would have to be an object of a Section 371 conspiracy. In light of Section 1591(a)(2), which is directed to "ventures," a separate conspiracy charge might be subjected to a multiplicity challenge. That challenge would probably be fruitless, as evidenced by the fact that Epstein cannot be charged in the Section 1591(a)(2) count but certainly could be charged in a conspiracy to violation Section 1591(a)(1), but I have erred on the side of caution and have not included violating Section 1591(a)(1) as a second object of the Section 371 conspiracy. 26 EFTA02857549 4. Penalties and Forfeiture These violations of Section 1591(a) carry a statutory maximum of 40 years' imprisonment, supervised release of up•to life, and a $250,000 fine. 18 U.S.C. § 1591(6)(2). As discussed further below, one of the girls was told that she would only have to "model lingerie." A violation of Section 1591(a) carries a harsher penalty if the offense was "effected by fraud." There still is no mandatory minimum, but the maximum term of imprisonment is life. 18 U.S.C. § 1591(6)(2). As part of the sex trafficking legislation, Congress included a separate forfeiture provision, which states: The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation .. . 18 U.S.C. § 1594(b). Section 1594 also makes contraband any property used or intended to be used to commit or to facilitate the commission of slavery violations. See 18 U.S.C. § 1594(cX1)(A). Thus, these violations are another basis for forfeiting the Palm Beach home and the two airplanes. D. Charges that Were Considered and Rejected 1. Promotion Money Laundering: 18 U.S.C. § 1956(a)(3)(A) Section 1956(a)(3)(A) states: Whoever, with the intent — (A) to promote the carrying on of specified unlawful activity; . . . conducts or attempts to conduct a fmancial transaction involving ... property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years, or both. "'Conducts' includes initiating, concluding, or participating in initiating, or concluding a transaction." 18 U.S.C. § 1956(c)(2). The "term `transaction' includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, . . . or any other 27 EFTA02857550 payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected." 18 U.S.C. § 1956(c)(3). A "financial transaction" is: (A) a transaction which in any way or degree affects interstate or foreign commerce (I) involving the movement of fluids by wire or other means or (ii) involving one or more monetary instruments, . . . or (B) a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree. 18 U.S.C. § 1956(cX4). The "specified unlawful activity" is one of the offenses listed in 18 U.S.C. § 1961(1), namely "any act which is indictable" under Section 1591(a) (sex trafficking) and Sections 2421 through 2423 (relating to white slave traffic). See 18 U.S.C. § 1961(l)(B). Epstein's Palm Beach property manager, Janusz Banasiak, was interviewed and served with a subpoena for records relating to his employment. Banasiak resides in the "guest house" on Epstein's property, and has access to a "Jeffrey Epstein Household Account." Banasiak uses that account to pay for various household expenses. Banasiak's practice was to withdraw $1500 at a time from the bank, and he then would keep a detailed accounting of how the money was spent and, when the $1500 was used up, he would send a copy of the accounting to Epstein's accountant and he maintained a copy for himself. A review of those records showed a number of entries that would simply have a girl's names and a round dollar amount — usually $200. Banasiak explained that on several occasions when Epstein was "in residence," Epstein or Kellen24 would ask Banasiak ti one of the girls after a g.,e was completed. On other occasions when Epstein and were not in Florida, EMI would call Banasiak to say that a girl was coming to the house and Banasiak should give the girl $200 in an envelope. Banasiak stated that he would follow these instructions and that he knew that the money was for "massages," but he insisted that 'Some of the entries relate to girls we have identified; others do not. 'On one occasion, Banasiak was directed to give money by Ghislaine Maxwell. Maxwell is the daughter of the late Robert Maxwell, a British newspaper tycoon. Maxwell is credited with bringing Epstein into high society, and it appears that at some time they were romantically involved. Maxwell also has been implicated in another act of molesting a young girl, which is discussed in the 404(b) section below. 28 EFTA02857551 he did not know that sexual activity was occurring. Why Epstein would pay "masseuses" when he was out of town has not been explained. Epstein also sent funds via Western Union as "bonuses" for some of the girls. These transactions could also be considered to "facilitate" the criminal activity by insuring the girls' loyalty and continued availability to Epstein for his sexual gratification. Epstein's behavior seems to fall squarely within the language of the statute as written, including the Eleventh Circuit's pattern jury instruction.' In conducting research, however, all cases charged under this section involved undercover "sting" operations. I contacted the Department's Money Laundering Section and learned that subsection 1956(a)(3) was drafted specifically to apply to money laundering "sting" operations, and was not intended to reach the activity that Epstein was involved in. Accordingly, I chose the more conservative route and decided not to charge Epstein with this offense. 2. Aiding and Abetting an Unlawful Money Transmitter: 18 U.S.C. § 1960 Section 1960(a) makes it a crime for someone to knowingly conduct or direct all or part of an "unlicensed money transmitting business." An "unlicensed money transmitting business" means "a money transmitting business which affects interstate or foreign commerce in any manner or degree and . . . (C) otherwise involves the transportation or transmission of funds that are . . . intended to be used to promote or support unlawful activity." 18 U.S.C. § 1960(b)(1). The term "unlawful activity" is not defined in Section 1960. Another one of the "The Jury Instruction requires proof of three elements: First: that the Defendant knowingly conducted a financial transaction; Second: that the financial transaction involved property used to conduct or facilitate specified unlawful activity; and Third: that the Defendant engaged in the financial transaction with the intent to promote the carrying on of specified unlawful activity. Eleventh Cir. Pattern Jury Instr., Offense Instr. 70.4 (2003). 29 EFTA02857552 money laundering statutes, Section 1956 cross-references Section 1961(1) for the definition of "specified unlawful activity." Section 1961(1) defines "racketeering activity" to include "any act which is indictable under any of the following provisions of title 18, United States Code: . .. sections 1581-1591 (relating to peonage, slavery, and trafficking in persons), . . . [and] sections 2421-24 (relating to while slave traffic) . . ." 1. The Money Transmitting As I mentioned above, Epstein's property manager, Janusz Banasiak, would withdraw $1500 at a time for household expenses from Commerce Bank. The funds in that bank account were transferred from Epstein's main bank account in New York on an "as needed" basis. Banasiak documented how he used the funds, including payments made to various girls at the request of Epstein or . Epstein also sent funds via Western Union. as "bonuses" for some of the girls. These transactions could also be considered to "promote or support" the criminal activity by insuring the girls' loyalty and continued available to Epstein for his sexual gratification. 2. How Epstein "directed" an unlicensed money transmitting business. As mentioned above, I originally considered charging Epstein with promotion money laundering, in violation of 18 U.S.C. § 1956(a)(3)(A). After conferring with the Money Laundering Section at the Department of Justice, it was recommended that I forego the Section 1956 charge and, instead, charge Epstein with aiding and abetting the unlicensed money transmitting by causing his bank and Western Union unwittingly to transmit funds intended to be used to promote and support sex trafficking and white slave traffic. The Money Laundering Section referred me to the case of United States v. Tobon- Builes, 706 F.2d 1092 (11th Cir. 1983), where a defendant was convicted of violating 18 U.S.C. § 1001 by causing banks to fail to file Currency Transaction Reports ("CTRs") by structuring transactions.26 Over a six-hour period, Tobon-Builes and an accomplice went to ten different banks in Northern Florida where they each purchased a $9,000 cashier's check with cash. Because each individual purchase was less than $10,000, thereby escaping the banks' duty to file a CTR for each transaction. Tobon-Builes was arrested and admitted that he had won over $100,000 playing poker and was purchasing cashier's check in amounts less 26Tobon-Builes was decided prior to the enactment of 31 U.S.C. § 5324(a), which created a criminal offense for causing a domestic financial institution to fail to file a required report, such as a CTR. 30 EFTA02857553 than $10,000 to avoid bank reporting requirements because he did not want to pay federal taxes on his winnings. Tobon-Builes argued that he could not be charged with concealment of material information in violation of 18 U.S.C. § 1001 because he did not have a duty to file a CTA — only the financial institution has that legal obligation. The Eleventh Circuit rejected the argument, stating that the government: charged and proved that Tobon willfully and knowingly caused financial institutions not to report currency transactions that they had a duty to report and would have reported if they had known about such transactions. Support for this holding is found in 18 U.S.C. § 2(b) which provides that one who "willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal." Id. at 1099 (quoting 18 U.S.C. § 2(b)). Further, "it is well established that § 2(b) was designed to impose criminal liability on one who causes an intermediary to commit a criminal act, even though the intermediary who performed the act has no criminal intent and hence is innocent of the substantive crime charged, in this case concealment." Id. (citations omitted). The operation of Section 2(b) foreclosed Tobon-Builes' legal incapacity argument, and the Eleventh Circuit noted a series of cases where someone without a legal duty used an innocent agent to violate that agent's legal duty. In each of those cases, the defendant was convicted via operation of Section 2(b). See id. at 1100-01 (citations omitted). Since its issuance, Tobon-Builes has been cited in numerous cases for the proposition that a defendant can be convicted as a principal, even where he uses as innocent intermediary to commit the charged offense. In this case, Commerce Bank and Western Union were the innocent intermediaries who operated the money transmitting business. Nonetheless, Epstein's directions to pay the girls caused Western Union to transmit funds that were intended to be used to promote or support unlawful activity — the prostitution of minors. Epstein's directions to Banasiak caused Commerce Bank to transmit funds via its ATM to Banasiak, who withdrew those funds that Epstein intended to use or promote the same unlawful activity. Accordingly, one could charge Epstein alone with individual counts ofviolating Section 1960 for each Western Union transfer and for each ATM withdrawal that occurred immediately prior to one of Banasiak's documented payments to one of the girls. I decided not to include these charges because I felt that the charge would confuse the jury or make them feel that the Government was overreaching, and the penalty for this 31 EFTA02857554 activity is less than the penalties for the other charged offenses. 2. The Travel Act: 18 U.S.C. § 1952 Section 1952 bans the travel in interstate commerce in aid of racketeering. So, if a person travels in interstate commerce with the intent to promote an unlawful activity, which can include prostitution, and after this travel he performs an act to promote that unlawful activity, then he has violated the Travel Act. At first blush, this appears to apply, but the "unlawful activity" must be a "business enterprise involving" prostitution. If Epstein were a pimp who was soliciting girls for other men and was assisting him in that effort, the Travel Act would apply. However, since Epstein is using to solicit girls on Epstein's own behalf, I don't believe that Epstein's personal use of the prostitutes can be considered a business enterprise. III. VICTIMS A. Jane Doe Some time in earl 2004, the exact date being unknown, Jane Doe #1 wassoached by two individuals, and Ton while at a beach club on Singer Island. was a classmate of JD#1 at High School. asked JD#1 if she wanted to make some money giving a massage to a wealthy man on Palm Beach Island. JD#1 was told that she would be paid $200, she would have to remove some of her clothing, and that there might be some "fondling." JD#1 agreed to go to the house. Within a few days, JD#1 was called by and Tony, and all three drove to Epstein's home on Brillo Way in Palm Beach. The three were admitted through the gate and went to the "back entrance" of the house, entering through the kitchen. In the kitchen, JD#1 was met by and some other members of the household. led JD#1 upstairs to Epstein's dressing area" where the massage table was already set up. then left the room and Epstein entered wearing a towel. Epstein laid face down and JD#1 was told to remove her clothes (she remained in her panties). JD#1 then began to massage Epstein as he directed her. After massaging his back "From the descriptions provided by the girls and by the police officers who conducted the search of the home, attached to Epstein's master bedroom was a large room that contained a steam shower, dressing area, and closets. This space was adjacent to the regular master bathroom. Because some activity occurred in the bedroom itself, I will use the term "dressing area" to refer to the space where the sexual massages occurred. 32 EFTA02857555 area for some time, Epstein turned over so that he was laying face up. Epstein began masturbating and tried numerous times to'touch JD#1, grabbing her rear end and trying to touch other places in a sexual manner. JD#1 pulled away several times, telling Epstein that she did not want him to touch her. Epstein continued to masturbate, and instructed JD#1 to pinch his nipples, which she did. Epstein climaxed and the massage ended. Epstein stood up and wiped himself off. Epstein went into the master bathroom while JD#1 got dressed. After both were dressed, Epstein paid JD#1 $200 in cash (2 $100 bills). Because JD#1 would not let Epstein touch her, Epstein told JD#1 that she shouldn't give him any more massages, but she could bring girls to the house and she would get paid $200 for every girl that she brought.28 When JD#1 went downstairs, asked JD#1 for her telephone number so that could contact JD#1 directly. JD# her telephone number to MI, and all futu unications were directly with JD#1 says that she received the first call from soon after her first visit to Epstein's residence. Telephone records for teleSand JD# l's telephone were subpoenaed. The first telephone contact between JD#1 and was on March 12, 2004, and it continued through July 24, 2005. JD#1 described how would call to arrange appointments for Epstein. would call to ask JD#1 if anyone was available to "work." JD#1 says that some of these calls occurred prior to Epstein's travel to Florida other would occur when Epstein was already in town. During some of the telephone calls, would request a particular girl, other times she would just ask JD#1 to find a girl or girls to come over. JD#1 stated that she some ived multiple calls during one of Epstein's stays. Once JD#1 received a call fro JD#1 would call one or more girls to see if they were available and then would call back to confirm the date and time. This is consistent with the telephone records that were received. The phone records that were subpoenaed show approximates 70 telephone calls between and JD#1." JD#1 also placed one call to telephone. JD#1 brought seven girls to Epstein's home ranging from 14 to 17 years' old. Every time that she brought a girl, JD#1 was paid $200, always in cash, always in $100 bills, "JD#1 received $200 each time she brought a girl to Epstein's house, even if it was the second or third time she brought that girl. 29More telephone calls occurred, but calls placed to JD#1's home telephone from Epstein's home telephone (or vice-versa) were not captured in the cellular phone records in our possession. The same is true for all of the victims. 33 EFTA02857556 always by Epstein. JD#1 also brought one 23-year-old woman to Epstein's home. Epstein "didn't care for her" and told JD#1 that the woman was too old. Epstein told JD#1 "the younger the better,i30 and told JD#1 that he didn't like to have problems with girls who didn't know what to expect, so she should always tell the girls in advance what would happen when they arrived. JD#1 reported that she always told the girls that they would have to get undressed and give a massage and that there might be some "fondling." JD#1 reports that she told all of the girls that they could tell Epstein that the were uncomfortable with anything and he would stop. JD#1 stated that she had asked about a rumor that a girl who had intercourse with Epstein had been paid $1,000. said that she doubted that was true because Esptein "doesn't have sex with the girls, he just plays around with them." JD#1 also reports that had told JD#1 to tell Epstein that she was 18 if he asked and that JD#1 told that to the girls whom she recruited. J13#1 said that she told Epstein that she was 18 but that "he knew better." Mill also said that she was never instructed by Epstein or to make sure that the girls that she brought were over 18 and was never asked to provide identification/proof of her age for herself or for any of the girls whom she brought. One of JD#1's friends described Jane Doe #2 as "the youngest-looking girl" that JD#1 had brought to Epstein's house. Yet made another appointment for JD#2 to come to Epstein's house without either or Epstein asking about JD#2's age. JD#2 was 14 years' old. On March 11, 2004, 313#1 called Tony at 9:13 M. Eatein arrived the same day, at 11:20 M. On March 12, 2004, JD#1 called Ton 8:59 M. and 9:21 M. At 3:38 that afternoon, JD#1 received her first call from JD#1 provided one sexual massage where Epstein masturbated while trying to fondle JD#1. JD#1 was 17 years' old at the time. JD# I told Epstein that she was 18 years' old, but believes that Epstein "knew better," based on her appearance and their discussion during the massage. 1. The Overt Acts Based upon Activity with Jane Doe #1 1. On or about March 11 2004, Defendants JEFFREY EPSTEIN, MI and traveled from Teterboro, New Jersey, to Palm "During her interview with the police, caught herself and said "He likes girls who are 18 to 20," but in talking with the federal agents, she admitted that the only girls she brought (other than the 23-year-old) were girls under 18, Epstein really liked the youngest girl (Jane Doe #2, who was 14), and he preferred young girls, not 18- to 20-year-olds. 34 EFTA02857557 Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 2. On or about March 12, 2004, Defendants JEFFREY EPSTEIN and caused Jane Doe #1 to travel to 358 El Brillo Way, Palm Beach, Florida. 3. On or about March 12, 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #1. 2. The Substantive Offenses related to Jane Doe #1 Count Date(s) Offense Statute Defendant(s) 5 3/7/04 - 3/11/04 Use of cellular phone to persuade, induce, or entice Jane Doe #1 to engage in prostitution 2422(b) EPSTEIN Although Epstein traveled to Florida on March 11, 2004, after the appointment with had been made, affirmatively told Epstein that she was 18, so he probably could succeed in raising the affirmative defense. 4. Possible Credibility Challenges Jane Doe #1 has been granted 6001 immunity by the Department and has appeared before the Grand Jury. After her experiences with Epstein, JD#1 became a stripper and worked in various clubs in West Palm Beach and Orlando. JD#1 is currently working as a waitressat a regular restaurant in the Fort Lauderdale area. She currently is living with her parents but is scheduled to move out soon. JD#1's primary credibility challenge is that she brought several girls to Epstein's home — knowing that they were underage — and she has been given immunity for her testimony. JD#1 suffers from depression and takes medication for that condition. The grand jurors listened attentively to JD#1 and seemed to believe her. After her testimony they were anxious to indict Epstein, asking when an indictment would be forthcoming. JD#1 is very straightforward about Epstein's actions, and her own. B. Jane Doe #2 - As mentioned above, Jane Doe #2's parents originally brought Epstein's behavior to 35 EFTA02857558 the attention of the Palm Beach Police Department. Jane Doe #2 went to Epstein's house once, on February 6, 2005, when she was 14 years' old. Jane Doe #2 was in the 9th grade at Jane Doe #2 was recruited by =1 (Jane dating JD#2 at the time. On February 5, 2005, JD#2 and ler boyfriend went to house to watch a movie. That evenin , sed her cell phone to call heard =describing JD#2 to ver e telephone. After ung up 2 asked why she was giving her physical description to someone. JD#2 if she wanted to make $200 givin a massage to a very rich man on Palm . arguing because didn't want JD#2 to do a massage. JD#2 dea nd =began a to go anyway so that she could make $200. JD#2 states that she knew she would have to take her top off and that Epstein would masturbate during the massage. states that JD#2 knew she would have to strip down to her bra and panties and that " e she did, the more [money] she would make." instructed JD#2 that, if Epstein asked, JD#2 would say she was 18 and was a senior at High School. On Februa 6, 2005, at 12:50 pm called =cell phone. Two minutes later, ailed JD#2. At 1:01 pm, ailed Epstein's Beach house and, girl [Serina] went to JD#2's house and picked her up. Move to the Pa and another Th i11 it each house. one minute later, again called JD#2. and th say that = A security guard at Epstein's home asked why they were there, and said they were there to see Jeffrey. The guard let them in and they entered the house t ough a side door into the kitchen. igh School at the time. cousin, was Epstein and an assistant [either or arrived and the assistant led JD#2 upstairs to the master bedroom wal the massages took place. JD#2 was able to describe the bathroom and the pictures of naked girls in the home accurately, and she describes how she and the assistant picked out massage lotions. JD#2 states that the assistant told her to take her top off. Epstein entered shortly thereafter and forcefully ordered JD#2 to take her pants off. JD#2 removed her pants while Epstein left the room. When Epstein returned, he was wearing only a towel. Epstein laid face down and told JD#2 to straddle him to massage his back. JD#2's bare buttocks touched Epstein's lower back/top of his buttocks. Epstein asked JD#2's a e and where she went to school and J13#2 said that she was 18 and was a senior at Epstein got up from the massage table and went to the toilet area where he masturbated and made moaning noises. Epstein then returned and laid down facing up. He continued to masturbate while directing JD#2 to massage his chest. Epstein then told JD#2 to grab a large back massager/vibrator that was across the room. At Epstein's request, JD#2 removed her underwear. Epstein used the massager on JD#2's vagina while he 36 EFTA02857559 masturbated. Epstein then digitally penetrated JD#2. JD#2 looked at Epstein to express her displeasure with the penetration and Epstein looked at her and sarcastically said, "What's the matter?" JD#2 looked away. When Epstein ejaculated, the contact stopped. Epstein gave JD#2 $300, explaining that the extra $100 was because he "fingered her" and used a vibrator on her. Esptein left JD#2 to get dressed. Epstein also asked JD#2 to leave her telephone number. JD#2 got dressed, went downstairs, and left with and Serina. received $200 for bringing JD#2. In the car on the way home, JD#2 told that Epstein "fingered" her and paid her $300. (MI confirms this, which should be admissible as a prior consistent statement.) joked that they could et rich if they went to Epstein's house every weekend. The girls went shopping and then took JD#2 home. JD#2 did not purchase anything with the $300 she had received from Epstein. When JD#2 returned to school on Monday, she told a friend what had happened. As discussed in the introduction, rumors started flying around the school and JD#2 and another girl got into an argument. One of the school administrators searched JD#2's purse and found the $300. When confronted, JD#2 initially stated that she earned the $300 through her job at Chik-Fil-A. She then stated she had sold drugs to get the money, and finally admitted that she had gotten the money from Epstein. JD#2 began working with a PBPD Detective. Controlled calls were made to was initially suspicious because she had heard about the problems at the school. JD#2 convinced that she wanted to return to Epstein's house because she needed more money. was recorded saying, "the more you do, the more you make." On March 30 and 31, 2005, JD#2 placed controlled calls to about setting up another meeting with Epstein. Also on March 30 and 31, 2005, and made calls to and from each other. On March 31 and April 1, 2005, called JD#2 and left voicemail messages, which were recorded, to confirm a visit to Epstein's house. Epstein flew in to Palm Beach International Airport ("PBIA") on March 31, 2005. The April 1 recorded voicemail messages, were to confirm a visit to Epstein's house on "Saturday" which would have been Saturday, April 2, 2005. On Tuesday, Aa2005, PBPD did a trash pull at Epstein's home, and recovered a handwritten note, with Sage on Saturday at 10:30." Epstein departed PBIA on April 6, 2005. 1. Overt Acts based upon Activity with Jane Doe #2 93. On or about February 3, 2005, Defendants EPSTEIN, a and 37 EFTA02857560 1.1=Miraveled from Columbus, Ohio, to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 95. On or about February 6, 2005, EPSTEIN and caused Jane Doe #1 to make one or more telephone calls to a telephone used by Jane Doe #2. 96. On or about February 6, 2005, EPSTEIN and caused Jane Doe #1 to transport Jane Doe #2 to 358 El Brillo Way, Palm Beach, Florida. 97. On or about February 6, 2005, EPSTEIN made a payment of $300 to Jane Doe #2 and a payment of $200 to Jane Doe #1. 117. On or about March 30, 2005, ...caused one or more calls to be made to a telephone used by Jane Doe #1. 120. On or about March 31, 2005, =Moused one or more calls to be made to a telephone used by Jane Doe #1. 121. On or about March 31, 2005, EPSTEIN traveled from New York, New York to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 122. On or about March 31, 2005, EPSTEIN and caused Jane Doe #1 to make a call to a telephone used by Jane Doe #2. 123. On or about April 1, 2005, EPSTEIN and -caused Jane Doc #1 to make one or more calls to a telephone used by Jane Doe #2. 3. Substantive Counts related to Jane Doe #2 Count Date(s) Offense Statute Defendant(s) 6 2/5/05-2/6/05 Use of cellular phone to persuade, induce, or entice Jane Doe #2 to engage in sexual activity or prostitution • 2422(b) EPSTEIN 38 • EFTA02857561 Count Date(s) L Offense Statute Defendant(s) 43 3/31/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE, INC. 60 I 3/30/05- 4/1/05 Attempted use of cellular phone to persuade, induce, or entice Jane Doe #2 to engage in sexual activity or prostitution 2422(b) EPSTEIN I did not charge EPSTEIN with traveling on February 3, 2005 from New York to Palm Beach based upon conduct with Jane Doe #2 because the appointment with Jane Doe #2 was made after EPSTEIN was already in Florida. I charged the travel on March 31,. 2005, even though Jane Doe #2 never went to EPSTEIN's house because at the time of his travel, EPSTEIN intended for Jane Doe #2 to come to the house. See United States v. Han, 230 F.3d 560 (2d Cir. 2000) (defendant could be convicted of violating Section 2423(b) even though no sexual activity occurred and "minor" was really an undercover officer because the defendant had formed the necessary intent by developing a plan to cross state lines to engage in sexual acts with the minor). 3. Possible Credibility Challenees Jane Doe #2 has been the focus of Epstein's attorneys because she was the youngest girl and the one who brought Epstein's activities to light. Copies of a MySpace page credited to Jane Doe #2 were provided to the State Attorney's Office and to our office. On that page, Jane Doe #2 states that she is 21 years' old, she drinks and has taken drugs, she shoplifts, and she earns $250,000 each year. The MySpace page also shows a picture of Jane Doe #2 wrestling with her boyfriend and a photograph of a naked girl lying on a beach. Copies of those materials are attached hereto at Tab 9.3' During her first sessions with the police, she "Also attached at Tab 10 are two police reports showing that JD#2 was under the influence of Xanax in March 2006 and that her mother called the police fearing that she had run away in January 2006. Both of these events occurred well after the events occurred with Epstein and after the niatter was reported to PBPD and JD#2 was interviewed. JD#2's parents report that once the rumor at school started that JD#2 was a prostitute, JD#2 started having behavioral problems and had to change schools twice. She has successfully completed a drug treatment programs since the reported events at Tab 10. 39 EFTA02857562 also minimized what happened with Epstein, denying that he touched her. With respect to the minimization of the conduct, we have secured two experts in these types of cases, who will explain how child victims of sexual abuse minimize what happened to them until they feel more secure about the interviewer. In addition, there is the prior consistent statement that JD#2 made to JD#1 while they were in the car driving away from Epstein's home. With respect to the MySpace page, JD#2 says that it is inaccurate. When she was confronted with the page before the state grand jury, she denied putting certain items on the page. When we met with her, she again said that she did not remember putting certain things on the page and she believed that it wasn't her page. After that meeting, we tried to verify JD#2's statement, i.e., whether someone really had doctored her page. We were able to determine that the page was created on a single day and had never been accessed since the date of its creation. Some of the information was identical to JD#2's "active" MySpace page, and other parts were different. Unfortunately, because of the passage of time, the ISP no longer had information about the specific IP address used to create the page, so we could not trace the creation back to a particular persons address. Even if JD#2 really did create the MySpace page and simply forgot about it, in my opinion, most of the information that they are focused on doesn't really undermine JD#2's credibility in this case. MySpace pages are notorious for "puffing," so claims that she was 18 and made $250,000 a year are not statements that a reasonable person would rely on to avoid engaging in criminal conduct. Certainly Epstein never visited the site before molesting JD#2, so he did not rely upon the claim that JD#2 was 18 when he decided to digitally penetrate her. JD#2 admittedly drank and was sexually active with her boyfriend. If JD#2 were nbt a person who engaged in these types of activities, JD#1 wouldn't have approached JD#2 to recruit her to give a sexual massage to Epstein. The photograph of the nude girl on the beach is obviously a picture that was digitally created (there is a cruise ship headed directly towards the girl on the beach) and also is obviously not JD#2. C. Jane Doe #3 (M ) Attached at Tab 11 is a booking photo ofJD#2's father. I have downloaded the docket sheet, Information, J&C, Rule 35 motion, the Order granting the Rule 35 motion, and the Petition for Violation of Supervised Release and I have added those to Tab #11. Attached at Tab#12 is information related to an arrest of JD#2's mother for "criminal use of identification information." It is not expected that JD#2's parents will be called as witnesses, but the defense has brought these events to my attention. 40 EFTA02857563 Count Date(s) Offense Statute Defendant(s) 36 1/14/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 37 2/3/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 38 2/10/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 39 2/21/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 40 2/24/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 42 3/18/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 43 3/31/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 44 4/8/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 45 4/27/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN . HYPERION 45 EFTA02857564 Count Date(s) Offense Statute Defendant(s) 46 5/6/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 47 5/19/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 5 I 12/6/04- 6/2/05 Recruiting, enticing, providing, or obtaining by any means a person knowing that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. 1591(a)(1) EPSTEIN Jane Doe #3 never told Esptein her age, but she also never told him that she was 18. They discussed her high school soccer games and her plans to attend college in the future. In addition, as discussed below, Jane Doe #4 was a close friend of JD#3 and they often went to Epstein's house together. Jane Doe #4 told Epstein that she and JD#3 went to the same school and were in the same class, and JD#4 told Epstein that she was a junior in high school. There also is evidence that Epstein gave JD#3 a vibrator for her 18th birthday, knowing that it was her 18th birthday and offered to fly JD#3 to his home in the Virgin Islands after she was 18. Withrssiect to the enticement charge and the human trafficking charge, I included and because of the number of calls that they were involved with. There were a total of 156 calls between and JD#3, and there were 28 calls between and JD#3. Although was aboard the plane during several trips, there is no evidence that she ever had contact with JD#3 or arranged for JD#3 to engage in sexual activity with Epstein; thus, I have not charged her in connection with any of this activity. Rather than try to parse out each instance where JD#3 was enticed, I elected to charge the enticement and sex trafficking offenses over the ranie.lates representing the first telephone call from to JD#3 until the last call from before JD#3's 18th birthday (the activity with Epstein continued thereafter, but at that point it is beyond our jurisdiction to prosecute). The proper unit for charging the travel offense is each trip, so I have charged the trips where or spoke with JD#3 shortly before Epstein traveled, again stopping at the point 46 EFTA02857565 that JD1/3 turned lg. D. Jane Doe #4 Jane Doe #4 also was recruited by Jane Doe #1 and was a student at High School. Jane Doe #4 received approximately 60 calls from during the period of April 25, 2004 (when she was 16) through October 6, 2005 (when she was 18). JD#4 states that she performed only a few sexual massages, although that is belied by the number of telephone calls. JD#4 reports that she performed the sexual massages while wearing her bra and panties. During the sessions, Epstein pulled JD#4's bra down and grabbed her breast. Epstein tried to touch JD#4's vagina and grabbed her butt. Epstein masturbated during the sessions and he instructed JD#4 to pinch his nipples while he masturbated. Epstein told JD#4 to take her clothes off and that she could make more money if she would do more (engage in more sexual activity). Epstein constantly pushed for JD#4 to become more sexual, asking her if she had sex with her boyfriend and if she liked sex. JD#4 was paid $200 for each sexual massage that she performed, and she received the payments from Epstein and =. Epstein also told JD#4 that she could make more money if she "brought her pretty friends" to perform sexual massages. Epstein told JD-44 that the gir s that she brought should know what to expect when they arrivt bring more girls. JD#4 brought at least two more girls to Epste for each girl whom she brought. and made th • told Epstein that she was a junior at Hig that Epstein knew that JD#4 was under 18. 1. Overt Acts Based Upon Activity with Jane Doe #4 4.. On April 25, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #4. 5. On May I, 2004, Defendants EPSTEIN, MI and - traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 47 EFTA02857566 6. On May 3, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #4. 7. On May 14, 2004, Defendants EPSTEIN, and traveled from CYQX to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 8. On May 14, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #4. 9. On May 20, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #4. 10. On May 21, 2004, Defendants EPSTEIN and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 11. On June 3, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #4. 12. On June 4, 2004, Defendants EPSTEIN and traveled from New Haven, Connecticut to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 13. On June II, 2004, Defendants EPSTEIN and traveled from Chicago, Illinois to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 14. On June 11, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #4. 15. On June 20, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #4. 16. On June 20, 2004, Defendants EPSTEIN and traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 17. On July 4, 2004, Defendants EPSTEIN, and 48 EFTA02857567 traveled from Aspen, Colorado to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 19. On July 10, 2004, Defendant be made to a telephone used by Jane Doe #4. 24. On July 18, 2004, Defendant be made to a telephone used by Jane Doe #4. 25. On July 22, 2004, Defendant be made to a telephone used by Jane Doe #4. 30. On August 4, 2004, Defendant to be made to a telephone used by Jane Doe #4. 37. On August 25, 2004, Defendant to be made to a telephone used by Jane Doe #4. 42. On October 2, 2004, Defendants EPSTEIN, , and traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. caused one or more telephone calls to caused one or more telephone calls to caused one or more telephone calls to caused one or more telephone calls 43. On October 3, 2004, Defendant to be made to a telephone used by Jane Doe #4. 47. On October 30, 2004, Defendant to be made to a telephone used by Jane Doe #4. 48. On November 4, 2004, Defendant calls to be made to a telephone used by Jane Doe #4. 77 On January 4, 2005, Defendant to be made to a telephone used by Jane Doe #4. 87. On January 22, 2005, Defendant to be made to a telephone used by Jane Doe #4. 106. On February 24, 2005, Defendant to be made to a telephone used by Jane Doe #4. 49 caused one or more telephone calls caused one or more telephone calls caused one or more telephone calls caused one or more telephone caused one or more telephone calls caused one or more telephone calls caused one or more telephone calls EFTA02857568 114. On March 18, 2005, Defendant Defendant EPSTEIN regarding Jane Doe #4. 116. On March 29, 2005, Defendant to be made to a telephone used by Jane Doe #4. prepared a written message to caused one or more telephone calls L27. On April 11, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #4. 2. Substantive Offenses Count Date(s) Offense Statute Defendant(s) 8 4/25/04- 6/29/0532 Use of cellular phone to persuade, induce, or entice Jane Doe #4 to engage in prostitution 2422(b) EPSTEIN 17 5/21/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) . EPSTEIN HYPERION 18 6/4/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 19 6/20/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN WOE 22 7/22/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN WOE 32A !thou ,11 the telephone contact with JIMi4 continued through October 2005, she turned 18 on 50 EFTA02857569 Count Date(s) Offense Statute Defendant(s) 23 8/6/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 28 11/5/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 35 1/6/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 40 2/24/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 43 3/31/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 52 4/25/04- 6/29/05 Recruiting, enticing, providing, or obtaining by any means a person knowing that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. 1591(a)(1) EPSTEIN E. Jane Doe #5 (I MM Jane Doe #5 also attended High School. She was recruited to give sexual massages to Epstein in the fall of 2004, when she was 17 years' old. She was recruited indirectly by Jane Doe #4. Jane Doe #5 re, that she entered the home through the kitchen and was introduced to brought JD#5 upstairs to the dressing area, where she met Epstein. JD#5 performed multiple sexual massages for Epstein. During the first massage, Epstein asked JD#5 how old she was and she said that she was 18. During that massage, she 51 EFTA02857570 removed her clothes, and he masturbated. JD#5 also describes how Epstein would verbally push her to engage in more and more sexual activity. JD#5 states that Epstein began fondling her vagina and digitally penetrating her, and the activity escalated to full sexual intercourse in his bedroom. Epstein asked JD#5 to straddle him and pinch his nipples while he reached through her legs to masturbate himself. He used the vibrator/massager on her vagina. When JD#5 told Epstein that she didn't like it, he responded that she was "scared to have pleasure." Epstein digitally penetrated her and performed oral sex on her. JD#5 was paid $300 during her visits to Epstein's home. On one occasion she received $500 and on another occasion she received $600. Epstein always paid her except for one occasion when he didn't have any cash. Epstein then asked one of his employees to pay her. (This is consistent with the record of a payment by the house manager to JD#5.) JD#5 received a $200 "Christmas present" via Western Union on December 23, 2004. Epstein offered her David Copperfield tickets and she spoke with Copperfield on the telephone.33 Around the third or fourth visit, Epstein began asking JD#5 about plans for her 18th birthday, and he said to her, "So you're really not eighteen." JD#5 states that they laughed a little and continued with the session. JD#5 received 31 calls from and 15 calls from JD#5 states that she received the payments from Epstein. JD#5 says that Epstein definitely knew her age. JD#5 could not drive, and Epstein provided her with a private car company that would pick her up and take her home after the sexual encounters. 1. Overt Acts Based upon Activity with Jane Doe #5 53. On or about November 17, 2004, Defendant caused a telephone call to be made to a telephone used by Jane Doe #5. 54. On or about November 18, 2004, Defendants EPSTEIN, IIMM, and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 56. On or about December 3, 2004, Defendants EPSTEIN, and traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. "One of the messages retrieved from the message pad was a call from David Copperfield asking Epstein to return his call. 52 EFTA02857571 58. On or about December 5, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 61. On or about December 13, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 63. On or about December 13, 2004, Defendant EPSTEIN traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 66. On or about December 14, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 67. On or about December 17, 2004, Defendants EPSTEIN and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 69. On or about December 18, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 72. On or about December 23, 2004, Defendant EPSTEIN caused a Western Union wire transfer order to be sent to Jane Doe #5. 74. On or about January 1, 2005, Defendant caused a telephone call to be made to a telephone used by Jane Doe #5. 75. On or about January 1, 2005, Defendants EPSTEIN, and traveled from Anguilla, British West Indies to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 80. On or about January 6, 2005, Defendant EPSTEIN traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by defendant HYPERION AIR, INC. 81. On or about January 8, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 82. On or about January 9, 2005, Defendant caused one ore more telephone calls to be made to a telephone used by Jane Doe #5. 53 EFTA02857572 86. On or about January 19, 2005, Defendants EPSTEIN, =, and traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 88. On or about January 26, 2005, Defendant reviewed a telephone message from Jane Doe #5. 91. On or about February 1, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 93. On or about February 3, 2005, Defendants EPSTEIN, and traveled from Columbus, Ohio to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 98. On or about February 10, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 103. On or about February 21, 2005, Defendants EPSTEIN, M, and traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 105. On or about February 24, 2005, Defendants EPSTEIN, and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 107. On or about February 25, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 108. On or about March 1, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 109. On or about March 4, 2005, Defendants EPSTEIN, =, and traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 111. On or about March 16, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 113. On or about March 18, 2005, Defendant EPSTEIN traveled from New York, 54 EFTA02857573 New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 115. On or about March 21, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #5. 2. Substantive Offenses related to Jane Doe #5 Count Date(s) Offense Statute Defendant(s) 9 11/14/04 - 3/29/05 Use of cellular phone to persuade, induce, or entice Jane Doe #5 to engage in prostitution 2422(b) EPSTEIN 30 11/18/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 31 12/3/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 32 12/13/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 34 1/1/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 37 2/3/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 55 EFTA02857574 Count Date(s) Offense Statute Defendant(s) 38 2/10/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 39 2/21/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 41 3/4/05 Travel in interstate conunerce with intent to engage in illicit sexual conduct 2423(b) 1. PS I LIN JEGE 42 3/18/05 . Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 53 11/14/04 - 3/29/05 Recruiting, enticing, providing, or obtaining by any means a person knowing that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. 1591(a)(1) EPSTEIN , F. JANE DOE #6 (E ) Jane Doe #6 also attended High School. She was recruited by Jane Doe #17.' Jane Doe #6 was involved with Epstein for more than a year, and she recruited Jane Does #7 and #8. Jane Doe #6 is believed to be the girl who saw Epstein the most. She estimates that she saw him hundreds of times. There are approximately 22 calls between Jane Doe #6 and MI 3 calls with and 1 call with M. "As discussed below, there are six girls who will be included in a superseding indictment, once their telephone records are received and analyzed. Jane Doe #17 is one of those girls. 56 EFTA02857575 JD#6 re orted that Jane Doe #17 approached her one summer when she was working at the Mall. JD#6 said that she thought she was 16 or 17 years' old at the time. Her telephone contact with began in July 2004, so this probably was the summer of 2004 when JD#6 was 17 years' old. JD#17 told her that she could make $200 performing a massage, but she would have to perform the massage naked. JD#6 agreed to perform the massage, and JD#17 set it up for the same day. JD#6 remembered that it was a weekend because she only worked on weekends. JD#17 took JD#6 to Epstein's home where they entered through the kitchen and met MI led JD#6 upstairs, and JD#6 described the pictures of naked women on the walls and tables of the house.70 When they reached the dressing area, set up the massage table and selected the massage oils. Epstein entered the room and introduced himself. He lay face down on the massage table and JD#6 undressed except for her panties. JD#6 massaged Epstein's back and legs. He then turned over and began masturbating as she continued to massage him. Epstein fondled JD#6's breasts as he masturbated, and the massage ended when he ejaculated. JD#6 received $200 from Epstein as payment for that session. JD#17 also was paid, but JD#6 did not know how much. Epstein asked JD#6 to leave her telephone number. JD#6 wrote it down on a piece of stationery bearing Epstein's name. JD#6 described the escalation of sexual activity during the period that she knew Epstein. Epstein digitally penetrated JD#6, used the massager/vibrator on her va ina, and performed oral sex on her. JD#6 described how Epstein brou ht into the activity. He instructed JD#6 to perform oral sex on When JD#6 refused, Epstein promised an additional $200 if JD#6 would perform oral sex for five minutes. JD#6 agreed, and Epstein masturbated while watching them. JD#6 said that various sex toys were used on her, including use of a strap-on dildo. JD#6 also said that Epstein forced her to have vaginal sex on one occasion when he became very excited. JD#6 screamed for him to stop. Epstein did so and apologized. JD#6 said that she received varying amounts of money for the sexual massages, depending on how much sexual activity took place, ranging from $300 to $1000 on the day that Epstein forced intercourse on her. Epstein asked JD#6 how old she was. JD#6 said that she was 18 and E stein told her that he knew she was not 18. Epstein knew that she attended High School. He sent roses to a high school play performance that JD#6 gave. They discussed "A number of these photographs were seized during the search of Epstein's home. 57 EFTA02857576 JD#6's plans to attend college. JD#6 gave Epstein a copy of her transcript on three occasions. JD#6 believed that Epstein would help her get into NYU and that he would pay for her tuition there. Epstein also paid for a trip to New York for JD#6 for her 18th birthday. JD#6 went to Epstein's house to pick up an envelope of money to pay for the trip. Epstein also gave her tickets to the Phantom of the Opera in New York. Epstein did not accompany JD#6 on this trip. Epstein provided JD#6 with other gifts including a Louis Vuitton purse, a bathin suit Victoria's Secret bra and panty sets, and cash gifts. JD#6 said that most of the time would call to set up the appointments for her to "work." would call from one ay to several days ' nce. Sometimes the appointments were made before Epstein arrived. Other times, would all when they were already in Palm Beach. JD#6 was shown a photo array containing photograph. She positively identified 1. Overt Acts Based upon Activity with Jane Doe #6 21. On July 15, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #6. 22. On July 16, 2004, Defendants EPSTEIN, and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 26. On July 22, 2004, Defendant caused a telephone call to be made to a telephone used by Jane Doe #6. 28. On July 22, 2004, Defendants EPSTEIN, MI and traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 31. 'On August 6, 2004, Defendants EPSTEIN and traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 33. On August 19, 2004, Defendants EPSTEIN and traveled from Van Nuys, California to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant WOE, INC. 34. On August 19, 2004, Defendant caused one or more telephone calls 58 EFTA02857577 to be made to a telephone used by Jane Doe #6. 36. On August 25, 2004, Defendants EPSTEIN, and traveled from Ecuador to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 38. On August 25, 2004, Defendant caused a telephone call to be made to a telephone used by Jane Doe #6. 49. On November 7, 2004, Defendant -caused a telephone call to be made to a telephone used by Jane Doe #6. 50. On November 10, 2004, Defendants EPSTEIN and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 51. On November 10, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #6. 52. On November 17, 2004, Defendant caused a telephone call to be made to a telephone used by Jane Doe #6. 54. On November 18, 2004, Defendants EPSTEIN, MI and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 55. On December 1, 2004, Defendant to a telephone used by Jane Doe #6. 62. On December 13, 2004, Defendant • calls to be made to a telephone used by Jane Doe #6. 68. On December 17, 2004, Defendant made to a telephone used by Jane Doe #6. 73. On December 29, 2004, Defendant made to a telephone used by Jane Doe #6. 59 caused a telephone call to be made caused one or more telephone caused a telephone call to be caused a telephone call to be EFTA02857578 2. Substantive Offenses related to Jane Doe #6 Count Date(s) Offense Statute Defendant(s) 10 7/15/04 - 12/29/04 Use of cellular phone to persuade, induce, or entice Jane Doe #6 to engage in prostitution 2422(b) EPSTEIN 21 7/16/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 22 7/22/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 23 8/6/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 24 8/19/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 25 8/25/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 29 11/10/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 30 11/18/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 60 EFTA02857579 Count Date(s) Offense Statute Defendant(s) 31 12/3/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 1? 12/13/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 33 12/17/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 54 7/15/04 - 12/29/04 Recruiting, enticing, providing, or obtaining by any means a person knowing that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act 1591(a)(1) EPSTEIN 3. Credibility Issues Attached at Tab 5 is Jane Doe #6's MySpace page. Attached at Tab 6 is the report of an arrest of Jane Doe #6 for using drugs. Tab 7 is a report of a firing from Victoria's Secret for theft. The defense rabidly attacks Jane Doe #6's credibility because of all of the sexual activity that she describes. One attack is that she is incredible because she was subpoenaed to appear before the State Grand Jury and never appeared. The defense neglects to point out that the subpoena was issued one or two days before JD#6 was to testify in West Palm Beach; she was living in Orlando at the time; and she was never served or told about the grand jury presentation. JD#6 admittedly has used drugs since becoming involved with Epstein, but she seems to have finished that phase of her life. Her statements also are corroborated by: her ability to describe the house, the telephone records, the property manager's written record of paying her, the earlier property manager's statement that he rented a car for JD#6 at Epstein's request, and the receipt provided by Epstein's counsel at Tab 8. G. JANE DOE #7 ( ) 61 EFTA02857580 Jane Doe #7 attended High School and was recruited by Jane Doe #6. She reports that she gave approximately 15 sexual massages (this number is probably low). There are approximately 115 telephone calls between Jane Doe #7 and =, approximately 7 calls with and approximately 14 calls with M. Jane Doe #7's phone activity began on July 22, 2004, when she was 17 and continued past her 18th birthday. Jane Doe #7 states that she originally told Epstein that she was 18 but he found out that she wasn't and gave her 4 tickets to a David Copperfield show for her 18th birthday. Jane Doe #7 reports that, in the spring of 2004, she was working at a store at the Mall with Jane Doe #6. Jane Doe #6 approached her and said that she could make extra money providing massages to Epstein - the massages may have to be given nude, but if Epstein asked her to do something, she could say no. Jane Doe #7 agreed and Jane Doe #6 made the appointment. On the first visit, Jane Doe #6 led Jane Doe #7 up to the dressing area. Epstein entered wearing only a towel, and he directed Jane Doe #6 to leave. He removed the towel and laid down. Epstein asked Jane Doe #7 to undress but she only removed her top. She was paid $200 and Epstein asked her for her phone number, which she provided. Epstein asked her about her plans to attend college in the future. On the third visit, Epstein again asked Jane Doe #7 to get undressed and she did. Jane Doe #7 says that from this point, each visit became more sexual and Epstein would try to go farther each time. Epstein placed his hand on Jane Doe #7's vagina and breasts while he masturbated; he also used the vibrator/massager on her vagina. E stein asked Jane Doe #7 to touch his penis - she id "no." On at least two occasions, was part of the activit . Epstein and performed sexual acts on each other, including oral sex. placed her hand on Jane Doe #7's vagina and used the vibrator/massager on Jane Doe #7's vagina. usually would call to set up the appointments prior to their trip to Florida. On two occasions, Epstein wired money to Jane Doe #7 when she was on vacation and had no funds to get home. Both of these wire transfers occurred after her 18th birthday. 1. Overt Acts based upon Activity with Jane Doe #7 23. On July 16, 2004, Defendant caused Jane Doe # 6 to make one or more telephone calls to a telephone used by Jane Doe # 7. 27. On July 22, 2004, Defendant made to a telephone used by Jane Doe #7. 32. On August 17, 2004, Defendant to be made to a telephone used by Jane Doe #7. 62 caused one or more telephone calls to be caused one or more telephone calls EFTA02857581 39. On August 25, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #7. 41. On September 16, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #7. 44. On October 3, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #7. 45. On October 26, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #7. 57. On December 4, 2004, Defendant provided a written message to Defendant EPSTEIN regarding Jane Doe #6 and Jane Doe #7. 66. On December 16, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #7. 75. On January 1, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #7. Sit January 14, 2005, Defendants EPSTEIN, and traveled from U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant, JEGE, 85. On January 14, 2005, Defendant to be made to a telephone used by Jane Doe #7. caused one or more telephone calls 89. On January 27, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #7. 90. On January 28, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #7. 92. On February 1, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #7. 63 EFTA02857582 2. Substantive Offenies Related to Jane Doe #7 Count Date(s) Offense Statute Defendant(s) I I 7/22/04- 1/31/05 Use of cellular phone to persuade, induce, or entice Jane Doe #3 to engage in prostitution 2422(b) EPSTEIN 2 I 7/16/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 22 7/22/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 24 8/19/04 Travel in interstate commerce with intent to engage in illicit sexual conduct " 2423(b) EPSTEIN JEGE 26 9/16/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 27 10/29/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 12/17/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 64 EFTA02857583 Count Date(s) Offense Statute Defendant(s) 34 1/1/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 55 7/22/04- 1/31/05 Recruiting, enticing, providing, or obtaining by any means a person knowing that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. 1591(a)(1) EPSTEIN H. JANE DOE #8 ( ) Jane Doe # 8 attended High School and was recruited by Jane Doe #6. She ear that she started going to Epstein's house in November 2004, but phone calls with do not begin until February 2005. Jane Doe #6 approached her and asked if she wanted to make money massaging Epstein. Jane Doe #8 had heard of other girls at school making money that way and slimed to go to Epstein's house. Jane Doe #6 took her to the house and introduced her to and Epstein in the kitchen. Jane Doe #6 led her upstairs to the dressing area where the massage table was already set up. Jane Doe #6 left and Epstein entered wearing a towel. Epstein told her to undress and Jane Doe #8 performed the massage wearing only panties. Epstein masturbated until he ejaculated, which ended the massage. Jane Doe #8 received $200, so did Jane Doe #6. Jane Doe #8 estimates that she went to Epstein's home 10-15 times. Each time Epstein pushed for more sexual activity. Epstein fondled her buttocks and breasts and pulled her closed to him while he masturbated. Epstein used the lar e white vibrator/massager on her vagina. Epstein asked Jane Doe #8 to kiss and fondle while he masturbated. Epstein also had vaginal intercourse with Jane Doe #8 on one occasion, for which he paid $350. Jane Doe #8 would receive calls from and to arrange appointments to "work" which meant to give a sexual massage. Sometimes appointments were made before they arrived; other time the appointments were made when Epstein was already in town. 65 EFTA02857584 Jane Doe #8 told Epstein that she was 17 on her first visit. A few days before her 18th birthday was the date when she and Epstein had vaginal intercourse. Epstein gave her 2 or 3 Victoria's Secret bra and panty sets for her birthday. Epstein also gave her an Olympus digital camera as a gift during their relationship. Jane Doe #8 recruited Jane Doe #9 and a non-minor female to go to Epstein's home. There are approximate) 60 calls between Jane Doe #8 and and 14 calls between Jane Doe #8 and M . called Jane Doe #8 once. 3. Credibility Issues Jane Doe #8 is the basis for one count of the state indictment. Epstein's attorneys have a in and have made much of her MySpace page, which uses the profile name' " Those materials are attached at Tab 13. Epstein's attorneys do not have a copy of Jane Doe #8's state grand jury testimony. During that testimony, Jane Doe #8 exhibited no hostility towards Epstein and said that she testified only because she was subpoenaed to appear. Her statements are well corroborated by the telephone records, etc., but, as with the other girls, her past is not pristine. 1. Overt Acts Based upon Activity with Jane Doe #8 109. On March 4, 2005, Defendants EPSTEIN, and traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant, JEGE, INC. 110. On March 7, 2005, Defendant caused one ore more telephone calls to be made to a telephone used by Jane Doe #8. 119. On March 31, 2005, Defendant EPSTEIN travels from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant, JEGE, INC. 124. On April 2, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #8. 126. On April 8, 2005, Defendants EPSTEIN, , and traveled from Teterboro, New Jersey. to Palm Beach County, Florida aboard the Gulfstreatn aircraft owned by Defendant HYPERION AIR, INC. 66 EFTA02857585 128. On April 11, 2005, Defendant be made to a telephone used by Jane Doe #8. caused one or more telephone calls to 133. On May 19, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #8. 134. On May 19, 2005, Defendants EPSTEIN, and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 135. On June 8, 2005, Defendants EPSTEIN, and traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant, JEGE, INC. 136. On June 12, 2005, Defendant caused one or more telephone calls to be made to Jane Doe #8. 137. On June 18, 2005, Defendants EPSTEIN, traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 138. On June 20, 2005, Defendant caused one or more telephone calls to be made to Jane Doe #8. 139. On June 30, 2005, Defendant caused one or more telephone calls to be made to Jane Doe #8. 140. On June 30, 2005, Defendants EPSTEIN, traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 141. On July 2, 2005, Defendant caused one or more telephone calls to be made to Jane Doe #8. 142. On July 22, 2005, Defendant caused one or more telephone calls to be made to Jane Doe #8. 143. On July 22, 2005, Defendants EPSTEIN, traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by 67 EFTA02857586 Defendant HYPERION AIR, INC. 144. On August 18, 2005, Defendants EPSTEIN, and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 145. On August 18, 2005, Defendant caused one or more telephone calls to be made to Jane Doe #8. 146. On August 19, 2005, Defendant caused one or more telephone calls to be made to Jane Doe #8. 147. On August 21, 2005, Defendant caused one or more telephone calls to be made to Jane Doe #8. 148. On September 3, 2005, Defendants EPSTEIN, traveled from U.S. Virgin Islands to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 149. On September 3, 2005, Defendant caused one or more telephone calls to be made from Jane Doe #8 to defendant 150. On September 8, 2005, Defendant caused one or more telephone calls to be made from Jane Doe #8 to defendant. 151. On September 9, 2005, Defendants EPSTEIN, and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 152. On September 18, 2005, Defendant caused one or more telephone calls to be made to Jane Doe #8. 153. On September 18, 2005, Defendants EPSTEIN, and traveled from Westchester County, New York to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 154. On September 29, 2005, Defendant calls to be made to Jane Doe #8. 68 caused one or more telephone EFTA02857587 155. On September 29, 2005, Defendants EPSTEIN, M, and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 156. On October 3, 2005, Defendant caused one or more telephone calls to be made to Jane Doe #8. 2. Substantive Counts related to Jane Doe #8 Count Date(s) Offense Statute Defendant(s) 12 2/13/05 - 10/3/05 Use of cellular phone to persuade, induce, or entice Jane Doe #3 to engage in prostitution 2422(b) EPSTEIN 47 5/19/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 48 6/30/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 49 9/9/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 50 9, 18/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 69 EFTA02857588 Count Date(s) Offense Statute Defendant(s) 56 2/13/05- 10/3/05 Recruiting, enticing, providing, or obtaining by any means a person knowing that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. 1591(a)(1) • EPSTEIN I. JANE DOE #9 ( ) Jane Doe #9 also attended High School. She was recruited by Jane Doe #8 and also was friends with Jane Doe #6. Jane Doe #9 went to Epstein's home twice, the first time when she was 16 and the second time when she was 17. Jane Doe #9 was paid $200 each time. She did not recruit anyone else to go to Epstein's home. Jane Doe #8 approached Jane Doe #9 telling her that she could make $200 massaging Epstein. Jane Doe #8 told Jane Doe #9 that she would have to perform the massage topless. Jane Doe #8 arranged that first appointment with Jane Doe #8 and Jane Doe #9 went to Epstein's house together and entered through the kitchen. Jane Doe #8 led Jane Doe #9 upstairs to the dressing area. Epstein entered wearing only a towel. The two girls undresses down to their panties. Epstein selected the massage oils and lay face down on the massage table. Both girls began massaging Epstein's back, legs, and feet. After some time, Epstein turned over and instructed Jane Doe #8 to leave the room. Epstein then began to masturbate as he instructed Jane Doe #9 to massage his chest. After Epstein ejaculated, he used the towel he had been wearing to wipe himself off, and told Jane Doe to get dressed and meet him downstairs. Jane Doe #9 did so and met Epstein in the kitchen, where he paid here $200. Jane Doe #8 received the same amount. The second appointment also was made via Jane Doe #8 approximately one month later. They returned to the house the same way and Jane Doe #8 again led her upstairs, but left Jane Doe #9 to do the massage alone. Epstein entered wearing only a towel. Jane Doe #9 stripped down to her panties, but Epstein told her that she had to get completely naked, which she did. Jane Doe #9 massaged Epstein's back and legs for a while and the he turned over and began masturbating as she rubbed his chest. This time Epstein to the massager/vibrator and began using it on Jane Doe # 9's vagina. Epstein did that for a while and then stopped so he could focus on himself. After he ejaculated, he wiped himself off and told Jane Doe #9 that the massage was over. Jane Doe # 9 got dressed and went downstairs to the kitchen, where she met Epstein and Jane Doe #8. Epstein paid her $200. 70 EFTA02857589 ne Doe #9 reports that Epstein asked about school. She told him that she attended High School. She also told him that she did not have her drivers license yet. Jane Doe #9 did not give her phone number to or Epstein and she told Jane Doe # 8 that she did not want to return. Because no calls went directly from Epstein or his employees to Jane Doe #9, the exact dates of contact are unknown. JD#9 says that she believes the events occurred around her birthday and there is phone traffic between JD#9 and her recruiter in February, March, and April, so I have charged the whole period [Count 13]. J. JANE DOE #10 ( ) Jane Doe #10 attended High School and was recruited by Jane Doe #1. When she was interviewed, she told them she only performed one massage. She has not yet been interviewed by the FBI, so she is not the subject of any substantive counts at this time. She is, however the link between Epstein and Jane Doe #11. She is listed in an overt act making calls on behalf to Jane Doe #11. K. JANE DOE #11 ( ;t Jane Doe # 11 attended High School and was recruited by Jane Doe # 10, who asked if she wanted to make extra money for Christmas. She only went to Epstein's home on one occasion, when she was 16. Epstein never asked her age, but they discussed events at the high school. toOli e Doe # 11 was en to Epstein's home by Jane Doe # 10. She was introduced n in the kitchen. led her upstairs to the dressing area and explained that there would be lotions out already and Epstein would tell her which lotion to use. The massage table was already set up in the dressing introduced Jane Doe #11 to Epstein, who was on the phone when they entered. left. Epstein was laying on his stomach wearing a white towel. Jane Doe #11 began massaging his back and legs. Epstein told Jane Doe #11 to get comfortable and asked her to remove her shirt and pants. Jane Doe #11 removed those items, remaining in her bra and panties. Epstein turned over and instructed her to pinch his nipples. Epstein asked about high school, asked if she was sexually active and what sexual positions she liked. Jane Doe #11 said she didn't like talking about those things. Epstein undid Jane Doe #11's bra and began rubbing her breasts. Jane Doe #11 told him that she didn't like that but he continued. He removed his towel and began masturbating as he continued to touch Jane Doe #11's breasts and vagina; he fmally digitally penetrated her. After he ejaculated, Epstein wiped himself off with his towel and told Jane Doe #11 that 71 EFTA02857590 there was $200 on the dresser for her and $100 for Jane Doe #10 for bringing her. Epstein asked Jane Doe #11 to leave her phone number because he wanted to see her again. Jane Doe #11 advised that she never went back and she stopped talking to Jane Doe #10 because she was upset over what happened. Jane Doe #10's phone records show three calls to Jane Doe #11 on 12/18/04, which is consistent with her recollection of the time frame. 1. Overt Acts Based upon Activity with Jane Doe #11 Because there was no direct conduct between Epstein's group and Jane Doe #11, the only act related to Jane Doe #11 is causing Jane Doe #10 to call Jane Doe #11. #70. On December 18, 2004, Defendant caused Jane Doe #10 to make one or more telephone calls to a telephone used by Jane Doe #11. 2. Substantive Offenses related to Jane Doe #11 Count Date(s) Offense Statute Defendant(s) 14 12/18/04 Use of cellular phone to persuade, induce, or entice Jane Doe #3 to engage in prostitution 2422(b) EPSTEIN L. JANE DOE #12 ( ", 1 Jane Doe # 12 attended High School. She was recruited by to go to Epstein's house when she was 16 years' old. also went to Epstein's house and performed sexual services starting when she was 15. refused to speak to police and the FBI, telling them that she was still in love with Epstein. was compelled via 6001 immunity to provide information. She admitted that she brought around 30 girls to Epstein's house, including Jane Doe #12. says that she considers Epstein to be "the awesomest guy in the world," and she would many him if he asked her. When asked if she ever brought a girl that Epstein did not like, she said: Yeah, once. I made a mistake. I brought a black girl. Not that Jeffrey is a racist. He still paid her, but he wouldn't let her 72 EFTA02857591 massage him. is too volatile and hostile to be called as a witness for the United States, but her statement is so damaging that Epstein can't use her either. approached Jane Doe #12 in May or June 2004 and was told that she could model lingerie for a wealthy Palm Beach man for money. and Jane Doe #12 traveled by Yellow Cab from Jane Doe #12's house in West Palm Beach to Epstein's house. They met Epstein outside the house and he took them in to the kitchen where the chef made them something to eat. Epstein and led Jane Doe #12 upstairs to the dressing area. Epstein to the bathroom and came out wearing only a towel. Epstein laid on his stomach and and Jane Doe #12 massaging his legs and feet. Jane Doe #12 asked why they were doing this and replied that it was part of the routine. Epstein to to leave and told Jane Doe #12 to get comfortable and take off her clothes. Epstein turned onto his back and started touching her breasts and her vagina (over her panties) while he masturbated. The massage ended when he ejaculated. Epstein told Jane Doe #12 that there was $200 on the dresser for her. One of Epstein's employees was ordered to drive and Jane Doe #12 home, which he did. (A former property mana er reports driving girls ome on several occasions.) Jane Doe #12 reports that she called after she got home saying that she wanted to report Epstein to the authorities but talked her out of it. Jane Doe #12 returned to Epstein's home 2 or 3 times. The first time that she returned she again stayed in her panties and Epstein touched her while he masturbated. The next time she returned, Epstein told Jane Doe #12 to take all of her clothes off, saying she was here for that reason. Jane Doe #12 complied and Epstein fondled her breasts and vagina while he masturbated. Epstein instructed Jane Doe #12 not to tell anyone what happened during the massages. Epstein had gotten Jane Doe # 12's phone number after the first massage and would call to make appointments. Jane Doe #12 started avoiding their calls. Jane Doe #12 took a Xanax before each meeting with Epstein. It is believed that provided the Xanax, but she denies it. 1. Overt Acts Based upon Activity with Jane Doe #12 18. On July 4, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #12. 20. On July 10, 2004, Defendant caused one or more telephone calls to be 73 EFTA02857592 made to a telephone used by Jane Doe #12. 2. Substantive Offenses with Jane Doe #12 Count Date(s) Offense Statute Defendant(s) 15 7/4/04- Use of cellular phone to persuade, 2422(b) EPSTEIN 7/19/04 induce, or entice Jane Doe #3 to engage in prostitution 20 7/4/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 2 I 7/16/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 57 7/4/04- Recruiting, enticing, providing, or 1591(a)( I ) EPSTEIN 7/19/04 obtaining by any means a person knowing that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. M. JANE DOE #13 (Ma Jane Doe # 13 attended High School in Greenacres. She was recruited by another girl, who will be the subject of a superseding indictment. When Jane Doe # 13 arrived at Epstein's home, her recruiter led her upstairs. When Epstein entered, he asked both of them to remove their tops. Both started massaging his back, then Epstein asked the recruiter to leave. When the recruiter was gone, Epstein asked Jane Doe #13 to remove the rest of her clothes; Jane Doe #13 complied. Epstein told Jane Doe #13 to talk dirty to him, and Epstein masturbated. Jane Doe #13 estimates that she went to Epstein's home about 10 times. After the first massage was completed, Epstein asked for her telephone number. Jane Doe #13 wrote the 74 EFTA02857593 information, down on a notepad bearing Epstein's name. Jane Doe #13 was paid $200 for each massage. She also brought 2 other girls was paid $200 for each girl she brought. Epstein always made the payments. Epstein asked Jane Doe #13 to have sexual intercourse and promised to pay more money if she did. Jane Doe #13 declined. In addition to masturbating himself, Epstein used the back massager/vibrator on Jane Doe #14's vagina. Epstein fondled Jane Doe # 13's breasts and buttocks, and digitally penetrated her vagina. Epstein asked Jane Doe # 13 how old she was and she said she would be turning 18 in the spring. She told Epstein several times that she was 17, she gave Epstein a school photo and wrote on the back that she couldn't wait to turn 18. Jane Doe # 13 and Epstein discussed Jane Doe # 13's age. Epstein said he couldn't wait until she turned 18 so they could travel to Paris together and so she could be his personal masseuse. Jane Doe # 13 received calls from and to set up appointments, usually at least one a day in advance, sometimes the appointments were made before Epstein arrived wit Beach. There are records of approximate) calls between Jane Doe # 13 and and 6 calls between Jane Doe # 13 and Jane Doe # 13 still had number programmed into her cell phone. Jane Doe # 13 came forward after press coverage revealed that Epstein passed a lie detector test saying that he didn't know any girls were under 18. Jane Doe # 13 repeated that Epstein knew she was under 18 and also thought that Epstein knew that the recruiter also was 17. 1. Overt Acts based upon Activity with Jane Doe #13 33. On August 19, 2004, Defendants EPSTEIN, a, traveled from Van Nuys, California to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant, JEGE, INC. 35. On August 21, 2004, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe # 13. September 16, 2004, Defendants EPSTEIN, MI and traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant, JEGE, INC. 46. On October 29, 2004, Defendants EPSTEIN, and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulestream 75 EFTA02857594 aircraft owned by Defendant, HYPERION, AIR, INC. 76. On January 1, 2005, Defendants EPSTEIN, and traveled from Anguilla, British West Indies.to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant, HYPERION, AIR, INC. 78. On January 4, 2005, Defendant caused one or more telephone calls to be made to a telephone used by Jane Doe #13. 80. On January 6, 2005, Defendant EPSTEIN traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant, HYPERION, AIR, INC. 105. On February 24, 2005, Defendants EPSTEIN, and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Defendant, HYPERION, AIR, INC. 2. Substantive Offenses related to Jane Doe #13 Count Date(s) Offense Statute Defendant(s) 16 8/21/04- 5/27/05 Use of cellular phone to persuade, induce, or entice Jane Doe #13 to engage in prostitution 2422(b) EPSTEIN 26 9/16/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN JEGE 27 10/29/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 34 1/1/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 76 EFTA02857595 Count Date(s) Offense Statute Defendant(s) 35 1/6/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 40 2/24/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 58 8/21/04- 5/27/05 Recruiting, enticing, providing, or obtaining by any means a person knowing that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. 1591(a)(1) EPSTEIN 3. Credibility Issue While she was a juvenile, Jane Doe # 13 was arrested for marijuana possession and shoplifting. IV. 404(b) EVIDENCE The FBI's investigation has uncovered Epstein's activity with young girls dating back several years. In the early 1990's, Epstein flew a young high school girl to his ranch in New Mexico. Epstein and Ghislaine Maxwell (mentioned above) fondled the girl and encouraged her to engage in additional sexual activity, which she refused. The girl was from a "well-to- do" family who threatened to report Epstein to the authorities. Since that time, Epstein has not flown any other underage girls on his plane — it appears that someone counseled him not to do so to avoid getting into legal trouble.16 This girl and her family are terrified of speaking up about Epstein. One of them reported to the FBI that Ghislaine Maxwell had told her that she "could just disappear" if she told anyone what happened. When Vanity Fair found out about this and wrote a story about it, the reporter was approached by someone from Epstein's camp and became so fearful for her safety and the safety of her young child that the piece was rewritten to remove all references to any sexual conduct. That reporter has refused to %For example, Epstein told some of the girls that he "couldn't wait" for her to turn 18 so that he could take them on trips. 77 EFTA02857596 speak to the FBI. Another woman who worked for E stein in the early 1990's starting when she was 15 now lives in Australia. Her family and the young woman both expressed fear about talking to the authorities a out pstem and refused to provide any information to the FBI. A woman who worked at Epstein's building in New York several years ago spoke about innumerable underage girls going into Epstein's home to perform "massages." The property managers at Epstein's ranch in New Mexico report that Epstein travels there approximately 40 times each year and on every visit he receives "massages," although they refused to speculate on the ages of the "masseuses." And, as mentioned above, .= MI estimates that she brought thirty girls to Epstein's Palm Beach home during the 18 month period that she was in contact with him. V. OTHER ISSUES RAISED BY THE DEFENSE When you review the cover letter from Gerald Lefcourt (Appendix A), you will see that most of the letter is an attack on the police report and probable cause affidavit drafted by Det. NM from PBPD. Neither document is ideal and his interviews of the girls and other investigative steps had some problems.(although did an incredibly in-depth investigation for such a small police department). The defense also has complained repeatedly about the decision of the Palm Beach Police Chief to release information to the press and to complain loudly about State Attorney Barry Krisher's handling of the case. Giving the information to the press definitely did not help our investigation because it caused some of the girls to clam up, fearing more embarrassment (It did, however, lead other girls to come forward and tell their stories.) Very early in the investigation, the FBI and I decided to put police report and PC. Affidavit to the side and to look at the case with fresh eyerincts discussed herein are based upon a personal review of the audiotapes and videotapes of the girls' interviews, the tape of the state grand jury proceedings, follow-up interviews conducted by the FBI, and physical evidence seized during the search of Epstein's home, obtained via trashpulls, and obtained via grand jury subpoenas. 78 EFTA02857597 CONCLUSION charging Based Eps on stein, r mmend that the Office approve the attached indictment JEGE, and Hyperion. I also recommend that gasp Office refuse a pre-indictment interview to Epstein or his counsel and that no information about the status of the case be shared to keep Epstein from fleeing from the jurisdiction. 79 EFTA02857598 Jane Doe #3 also attended High School with Jane Doe #1 and JD#1 recruited her to go to Epstein's home to perform a sexual massage when JD#3 was 16. JD#1 told JD#3 that she could make $200 for massaging Epstein. JD#1 drove JD#3 to Epstein's house and told her that Epstein may ask her to take her top off and may try to touch her, but she could tell him if she felt uncomfortable. JD#1 also instructed JD#3 to tell Epstein that she was 18, if he asked. ed at Epstein's house, they entered through the kitchen, and they were met by air. escorted JD#1 and JD#3 upstairs to the dressin area and helped them set up the massage table, select the lotions, and obtain towels. then left the room. Epstein entered and introduced himself. Epstein and JD#1 then stepp outside for a moment and only Epstein returned. Epstein removed his clothing and laid down on his stomach. During the massage, Epstein repeatedly grabbed and pulled at JD#3 to get her closer to him so he could fondle her. At the end of the massage, Epstein paid JD#3 $200 and asked for her telephone number. JD#1 also received $200 for bringing her. A short time later, MI called JD#3 and left a message asking her to perform another n arrangements for JD#3 to return for a second massage. During JD#3 again entered through the kitchen, where they were greet JD#3 upstairs, leaving JD#1 in the kitchen. During the ma telephone, and no sexual activity took place. Both JD#1 and JDi not remove her clothing during either of these sessions. JD#3 did not return to Epstein's residence for several monws 01:CallbC sue Mai JI-Off had gotten into an argument. We do not know the exact date when JD#3 returned to Epstein's home, but we know that it was at least by December 3, 2004, when JD#3 was 17, because on that date, JD#3 received a call directly • a *I- ‘ -eak in time, JD#3 started going to Epstein's home on a regular 1 NJ more and more clothing, at Epstein's request. JD#3 also expl: very session for more sexual activity. Epstein would masturbate , and would ask JD#3 to pinch his nipples. Epstein would pine' vagina. On several occasions, Epstein digitally penetrated JI 1:orator/back massager on JD#3's vagina. Epstein asked JD#3 t e was lying on his back. Epstein then reached through her legs to masturbate tein tried to rub his penis against JD#3's vagina but never penetrated her. JD#3 still she was usually contacted by ., via her cellular phone, to set up appointments. would sometimes call from New York or the U.S. Virgin Islands stating, "we will be coming into town, can you work?" Sometimes would call when they already were in town asking if JD#3 was able to work the same ay or the following 41 EFTA02857599 day. sometimes made appointments before E stein left town for the next time that they would be in town. On several occasions, made the appointments with JD#3. Epstein gave JD#3 three Victoria's Secret bra and panty sets and gave her a "Pocket Rocket" vibrator for her 18th birthday. 1. Overt Acts Based Upon Activity with Jane Doe #3 59. On or about December 6, 2004, Defendant caused one or more telephone calls to be made to Jane Doe #3. 60. On or about December 12, 2004, Defendant telephone calls to be made to a telephone used by Jane Doe #3. 63. On or about December 13, 2004, Defendant EPSTEI Virgin Islands to Palm Beach County, Florida, aboard the Gulfs' Defendant HYPERION AIR, INC. 64. On or about December 14, 2004, Defendant ICEL1 telephone calls to Jane Doe #3. caused one ore more 71. On or about December 20, 2004, Defendant caused one ore more telephone calls to be made to a telephone used by Jane Doe #3. 79. On or about January 6, 2005, Defendant caused one ore more telephone calls to be made to a telephone used by Jane Doe #3. 80. On or about January 6, 2005, Defendant EPSTEIN traveled from Teterboro, New Jersey to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 83. On or about January 14, 2005, Defendant made one or more telephone calls to Jane Doe #3. or jiat January 14, 2005, Defendants EPSTEIN, and traveled from the U.S. Virgin Islands to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 42 EFTA02857600 94. On or about February 4, 2005, Defendant telephone calls to be made to a telephone used by Jane Doe #3. 99. On or about February 10, 2005, Defendai and traveled from New York, New Yo Florida, aboard the Boeing 727 aircraft owned by Defendant JD 100. On or about February 10, 2005, Defendant telephone calls to be made to a telephone used by Jane Doe #3. 102. On or about February 21, 2005, Defendant telephone calls to be made to a telephone used by Jane Doe #3. n or about February 21, 2005, Defendants EPSTEIN, IMM, and traveled from the U.S. Virgin Islands to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. caused one ore more caused one ore more 104. On or about February 24, 2005, Defendant caused one ore more telephone calls to be made to a telephone used by Jane Doe #3. 105. On or about February 24, 2005, Defendants EPSTEIN, and traveled from Teterboro, New Jersey to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 112. On or about March 17, 2007, Defendant caused one ore more telephone calls to be made to a telephone used by Jane Doe #3. 113. On or about March 18, 2005, Defendant EPSTEIN traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 118. On or about March 30, 2005, Defendant caused one ore more telephone calls to be made to a telephone used by Jane Doe #3. 119. On or about March 31, 2005, Defendant EPSTEIN traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by Defendant JEGE, INC. 125. On or about April 8, 2005, Defendant caused one ore more telephone 43 EFTA02857601 calls to be made to a telephone used by Jane Doe #3. 126. On or about April 8, 2005, Defendants EPSTEIN, and traveled from Teterboro, New Jersey to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 129. On or about April 26, 2005, Defendant caused one ore more telephone calls to be made to a telephone used by Jane Doe #3. 130. On or about Apri127, 2005, Defendants EPSTEIN and K] Teterboro, New Jersey to Palm Beach County, Florida, aboard the Gulf by Defendant HYPERION AIR, INC. 131. On or about May 6, 2005, Defendants EPSTEIN, KELLE and traveled from Teterboro, New Jersey to Palm Beach County, Emma, aooara me Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 132. On or about May 19, 2005, Defendant caused one ore more telephone calls to be made to a telephone used by Jane Doe #3. 134. On or about May 19, 2005, Defendants EPSTEIN, a, and traveled from Teterboro, New Jersey to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Defendant HYPERION AIR, INC. 2. Substantive Counts related to Jane Doe #3 Count Date(s) Offense Statute Defendant(s) 7 12/6/04- 6/2/05 Use of cellular phone to persuade, induce, or entice Jane Doe #3 to engage in prostitution 2422(b) EPSTEIN 32 12/13/04 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 35 1/6/05 Travel in interstate commerce with intent to engage in illicit sexual conduct 2423(b) EPSTEIN HYPERION 44 EFTA02857602 Memorandum Subject Re: Operation Leap Year May 1, 2007 (Revised 9/13/07) (2nd Revision 2/19/08)' To From B. Alexander Acosta, United States Attorney MIE Villafa►fia Jeff Sloman, First Assistant United States Attorney , Chief, Criminal Division MAUSA, Northern Region , Chief, Northern Region L Introduction This memorandum seeks approval for the attached indictment char in Jeffrey Epstein, a/k/a' , JEGE Inc., and Hyperion Air, Inc. The proposed indictment contains 60 counts and seeks the forfeiture of Epstein's Palm Beach home and two airplanes.' The FBI has information regarding Epstein's whereabouts on May 16th and May 19th and they would like to arrest him on one of those dates. Epstein is considered an extremely high flight risk' and, from information we have received, a continued danger 'The second revision amends the Jane Doe numbering system to correspond with the most recent indictment. It also removes the references to the overt acts and substantive allegations related to each Jane Doe because the indictment has been revised to group the overt acts related to each Jane Doe. 2Each of the airplanes is held in a separate "shell corporation,"JEGE, Inc., and Hyperion Air, Inc. Epstein is the sole shareholder in both of these corporations and they serve no purpose other than to hold and maintain the airplanes for Epstein's personal use Because these assets are not held as personal property in Epstein's name, I have indicted the two corporations, which will be named as co-conspirators and as aiders and abettors in the relevant offenses. 'Epstein's resources are virtually limitless. In addition to the two airplanes, one ofwhich cost $42,000,000, he has homes around the world, and a fortune estimated to exceed $1 billion. EFTA02857603 to the community based upon his continued enticement of underage girls. For these reasons, we would like to present a sealed indictment to the Grand Jury on May 15, 2007, and we would like the presentation of that indictment and the status of the investigation to remain confidential. Epstein's crimes are considered crimes of violence and negotiation with his attorneys may undermine our arguments for pretrial detention. The investigation initially was undertaken by the City of Palm Beach Police De artment in res onse to a complaint received from the parents of a 14-year-old girl from . When' and another girl began arguing at school because the other girl accusedaof being a prostitute, one of the school principals intervened. The principal search...purse and found $300 cash. The principal asked here the money came from. initiall claimed that she earned the money wor g at "Chik-Fil-A," which no one believed en claimed that she made the money selling drugs; no one believed that either. finall admitted that she had been paid $300 to give a massage to a man on Palm Beach Island. parents approached the Palm Beach Police Department ("PBPD") about pressing charges. PBPD be an investigat ciiitli reel ien of the massage, Jeffrey Epstein, and two of his assistants, an . PBPD identified approximately 27 girls who went to Epstein's house to perform "sexual massages" (not including one licensed massage therapist) or who recruited girls to do the same. The girls' ages ranged from 14 years' old to 23 years' old. Some girls saw Epstein only once and some saw him dozens of times. The "sexual massages" performed also varied. Some girls were fully clothed while they massaged Epstein; some wore only their underwear; and some were fully nude. During all of these massages, Epstein masturbated himself and he would touch the girl performing the massage, usually fondling their breasts and touching their vaginas - either over their clothing or on their bare skin. Epstein often used a vibrator to masturbate the girls and digitally penetrated a number of them. For the girls who saw him more often, Epstein "gated to oral sex and vaginal sex. Epstein sometimes brought his assistant/girlfriend, into the sexual activity. On October 18, 2005, PBPD obtained a search warrant with the assistance of the Palm Beach County State Attorney's Office ("PBSAO"). By this time, PBSAO had already been contacted by Epstein's cadre of lawyers. When PBPD arrived at Epstein's home two days later (10/20/05) to execute the search warrant, they found several items conspicuously missing. For example, computer monitors and keyboards were found, but the CPUs were 2 EFTA02857604 gone.' Similarly, surveillance cameras were found, but they were disconnected and the videotapes were gone. Nonetheless, the search did recover some evidence of value, including message pads showing messages from many girls over a two-year span. The messages showilreturningte calls to confirm atm, "work." Messages were taken by Me a, and .s The search also recovered numerous photos of Epstein sitting with naked girls whose ages are undetermined. Photographs taken inside the home show that the girls' descriptions of the layout of the home and master bedroom/bathroom area are accurate. PBPD also found massage tables and oils, the high school transcript of one of the girls, and sex toys. In sum, the PBPD investigation showed that girls from a local high school' would be contacted by one of Epstein's assistants to make an appointment to "work." Up to three appointments each day would be made. The girls would travel to Epstein's Mit Palm Beach where they would meet Epstein's chef and Epstein's assistant—usually —in the kitchen. The assistant normally would escort the girls upstairs to the master bedroom/bathroom area and set up the massage table and massage oils. The assistant would leave and Epstein would enter the room wearing a robe or a towel. He would remove the clothing and lie face down and nude on the massage table. Epstein would then instruct the girl on what to do and would ask her to remove her clothing. After some time, Epstein would turn over, so that he was lying face up. Epstein would masturbate himself and fondle the girl performing the massage. When Epstein climaxed, the massage was over. The girl was instructed to get dressed and to go downstairs to the kitchen while Epstein showered. Epstein would pay the girl—usually $200-and if it was a "new" girl, would ask for the girl's phone 'During a meeting, Epstein's current attorneys, Gerald Lefcourt and Lilly Ann Sanchez, admitted that attorney Roy Black instructed Epstein to have the CPUs removed, but they insisted that those instructions were given well in advance of the execution of the search warrant — not in response to a "leak." maiden name was ' " which was the name she used during the relevant period. 'Of the 12 undera e rls who are the subject of the indictment 9 attended High School, 1 attended igh School, I attend igh School, I attended c oo and 1 was home schooled. There are ten other girls whose telephone records are still being analyzed, some of whom will probably be the subject of a superseding indictment. Some of those girls came forward following the press coverage of the state investigation. We anticipate that more girls will come forward after Epstein's arrest. 3 EFTA02857605 number to contact her in the future.' Girls were encouraged to find other girls to bring with them. If a girl brought another girl to perform a "massage," each girl would receive $200. The PBPD investigation consists primarily of sworn taped statements from the girls. When PBPD began having problems with PBSAO, they approached the FBI. The investigation was formally presented to FBI and to me after PBSAO "presented" the case to a state grand jury and that grand jury returned an indictment charging Epstein with three counts of solicitation of prostitution.8 Once I determined that there were federal statutes violated, FBI, ICE, and I opened files. The federal investigation has focused on the interstate nexus required for all of the federal violations, so a number of grand jury subpoenas were issued for telephone records, flight manifests, and credit card records. The federal agents also re-interviewed some of the girls, but limited their questions to "new" topics, such as the specific means of contact, to avoid creating inconsistent Jencks materials. The agents also delved into Epstein's history and interviewed others and obtained records to corroborate the girls' stories. FBI also interviewed girls who came forward after the PBSAO indictment was reported in the papers, and additional girls identified through those interviews. I will first address the different crimes with which Epstein can be charged, setting forth the elements of those offenses and the types of evidence that I intend to use to satisfy those elements. Second, I will summarize the evidence related to each girl who has been identified as a potential victim in this case. Following the discussion of the girls' statements and evidence, there is a discussion of the evidence from other witnesses, including corroborating evidence and information related to Epstein's background. The last section discusses forfeiture. 'Usually Epstein made the payment and asked for the phone number, but sometimes it was the assistant. 'The presentation consisted almost entirely of cross-examination of the girls who testified lilinand Jane Doe #16) using the materials presented by Epstein's attomeys (discussed below). We were unable to obtain the tape of the State Attorney's instructions on the law and presentation of the indictment, so we do not know whether the grand jury was told that lack of knowledge of age in not a defense under Florida law or the charges that they chose from. The grand jury only heard about the two girls who testified. An indictment was returned charging Epstein with three counts of solicitation of prostitution - two are misdemeanors, a third conviction (even simultaneously) is a felony. Our information is that Epstein is negotiation a misdemeanor plea. 4 EFTA02857606 II. The Law of the Offenses Charged' Epstein's conduct violates a number of federal statutes, all of which are discussed herein. None of the statutes or their penalties changed during the time period charged (early 2004 through mid-2005), although many have changed since then. I use the language of the statutes as they appeared while Epstein was committing the offenses. In addition to conspiracy charges, there are five statutes related to sexual activity that have been violated. First, Epstein traveled in interstate commerce with the intent to engage in illicit sexual conduct, in violation of 18 U.S.C. § 2423(b). Second, Epstein and his assistants used a facility of interstate commerce to induce or entice minors to engage in prostitution and sexual activity for which any be charged, in violation of 18 U.S.C. § 2422 . Third, Epstein transported in interstate commerce with the intent that engage in sexual activity for which a person can be charged, in violation of 18 U.S.C. § 2421. For these three offenses, knowledge of the victim's age does not need to be proven, although a reasonable belief that a person is over 18 is an affirmative defense to a limited portion of § 2423(b).1° In those instances where Epstein and/or the assistants knew the ages of the girls (or had reason to know their ages but willfully blinded themselves to that knowledge), they can be charged with sex trafficki violation of 18 U.S.C. § 1591(a)(1). In such instances, and MI= also can be charged with benefitting from their participation in a venture engaged in human sex trafficking, in violation of 18 U.S.C. § 1591(a)(2). 'Attached as Appendix A are materials received from counsel for Epstein, including their legal analysis. The points they raise are addressed in this memo. 'Section 2421 was originally referred to as the Mann Act. Sections 2422 and 2423 are more recent additions, which focus on children. All three sections are sometimes jointly referred to as the Mann Act. 5 EFTA02857607 A. Violations of the Mann Act: 18 U.S.C. §§ 2421-2423 1. Knowledge of Age Is Not Required. The Mann Act criminalizes traveling in interstate commerce to engage in "illicit sexual conduct," (§ 2423(b)), using a facility of interstate commerce to entice a minor to engage in sexual activity or prostitution (§ 2422(b)), and transporting a person to engage in sexual activity (§ 2421). Sections 2423(b) and 2422(b) require a minor victim, but they do not require that the defendant know that the victim is a minor. For example, in December, the Fourth Circuit issued its opinion in United States v. Jones, 471 F.3d 535 (4th Cir. 2006). Jones was charged with transporting a minor across state lines for sexual purposes, in violation of Section 2423(a), which reads: A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce ... with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title and imprisoned not less than 5 years and not more than 30 years. Jones argued that the term "knowingly" in that section required the Government to prove that Jones knew the age of the victim. The Fourth Circuit soundly rejected the argument, citing the other circuits reaching the same conclusion. Jones, 471 F.3d at 538-39 (citing United States v. Gr th, 284 F.3d 338, 351 (2d Cir. 2002); United States v. Taylor, 239 F.3d 994, 997 (9th Cir. 2001); United States v. Scisum, 32 F.3d 1479, 1485-86 (10th Cir. 1994); United States v. Hamilton, 456 F.2d 171, 173 (3d Cir. 1982)). Instead, the court concluded that the Government need only prove that the defendant "knowingly transported" someone. The Government must also prove that the person transported was, in fact, a minor, but need not prove that the defendant was aware of her minority. In conducting its analysis, the Jones Court relied upon cases interpreting sections of Title 21 relating to the distribution of drugs to a minor. See Jones at 540. Those cases have held that the Government must prove only that the defendant knowingly distributed the narcotics to someone who happened to be underage. While the Eleventh Circuit has not addressed the question posed by Jones, it has addressed 21 U.S.C. § 861(a)(3) and has reached the same conclusion in approving the district court's instructions to the jury: 6 EFTA02857608 Section 845 of 21 U.S.C.A. provides that anyone who knowingly or intentionally distributes controlled substances to a person under twenty-one is subject to enhanced penalties. ... [T]he court instructed the jury that it is not an essential element of the crime that the person who distributes be knowledgeable that the person to whom he distributes is under twenty-one years old; it is the distribution that must be knowing, although it is an essential element that the person to whom the distribution is made is under twenty-one. United States v. Pruitt, 763 F.2d 1256, 1261 (11th Cir. 1985). In reaching this decision, the Eleventh Circuit relied upon the Third Circuit's Hamilton decision, supra: There is, however, a precise analogue to this statute, 18 U.S.C.A. § 2421 et seq. (White Slave Traffic Act), which prohibits the interstate transportation of persons in order to engage in immoral practices including prostitution, and which provides enhanced penalties for the knowing transportation of persons under the age of eighteen years. Under this statute, knowledge of the victim's age is not an element of the crime; the "knowing" component applies to the transportation itself. Id. at 1262 (citing Hamilton). See also United States v. Williams, 922 F.2d 737, 739 (11th Cir. 1991) (using same rationale to decide that Government need not prove knowledge of age for a charge of knowingly employing, using, persuading, inducing, enticing, or coercing a person under eighteen years of age in the commission of a drug offense). In United States v. Taylor, 239 F.3d 994 (9th Cir. 2001), the Ninth Circuit addressed a defendant's assertion that knowledge of minority is required to convict him of transporting a minor for purposes of prostitution. The Ninth Circuit held that the "more natural reading of the statute, however, is that the requirement of knowledge applies to the defendant's conduct of transporting the person rather than to the age of the person transported." Id. at 997. In Taylor, the defendant argued that the court should analogize the statute to the transportation of hazardous waste, which requires a showing that the defendant knew the waste was hazardous. The Ninth Circuit rejected that suggestion: in contrast, the transportation of any individual for purposes of prostitution or other criminal sexual activity is already unlawful under federal law. 18 U.S.C. § 2421. Under 18 U.S.C. § 2423(a), the fact that the individual being transported is a minor creates a more serious crime in order to provide heightened protection against sexual exploitation of minors. As Congress 7 EFTA02857609 intended, the age of the victim simply subjects the defendant to a more severe penalty in light of Congress' concern about the sexual exploitation of minors. Cf. United States v. Figueroa, 165 F.3d 111, 115 (2d Cir. 1998) (noting that, if a criminal statute's language is unclear, its scienter requirement is presumed to be met once an individual forms the requisite intent to commit some type of crime). . . . Ignorance of the victim's age provides no safe harbor from the penalties in 18 U.S.C. § 2423(a). If someone knowingly transports a person for the purposes of prostitution or another sex offense, the transporter assumes the risk that the victim is a minor, regardless of what the victim says or how the victim appears. Id. (emphasis added; additional internal citations omitted). Cf United States v. Wild, 143 Fed. Appx. 938, 942 (4th Cir. 2005) (the parties agreed that, to prove a violation of § 2423(a), the United States had to show that (1) the defendant transported the victim in interstate commerce; (2) the defendant did so knowingly and with the intent that the victim engage in prostitution; and (3) the victim was under the age of 18 at the time she was transported). This reading finds additional support in the Mann Act itself using the doctrine of "expressio unius est exclusio alterius" (to express or include one thing implies the exclusion of the other). Section 2423(g) creates an affirmative defense to one portion of a violation of Section 2423(b). For purposes of that subsection alone, a defendant may raise an affirmative defense, which he must prove, that the defendant "reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years." 18 U.S.C. § 2423(g). The inclusion of that affirmative defense shows that Congress considered the issue and decided that the United States does not have to make an initial showing of knowledge of age for violations of 2423(b). Congress likewise considered the same issue for the other portions of the Mann Act and reached the same conclusion. If Congress had intended to place the burden of proving age on the United States — or if it had decided that it should create an affirmative defense to those charges — it could have done so. Congress' use of similar offense language for the other sections of the Mann Act shows that Congress likewise did not intend to require proof of knowledge of age to violate those sections either. See Gustafson v. Alloyd Ox, Inc., 513 U.S. 561, 570 (1995) (noting the "normal rule of statutory construction" that "identical words used in different parts of the 8 EFTA02857610 same act are intended to have the same meaning"). In United States v. Scott, 999 F.2d 541, 1993 WL 280323 (6th Cir. 1993), the defendant argued that the Mann Act was unconstitutional for failing to include a requirement that the Government prove the defendant's knowledge of the age of the minor. The Sixth Circuit rejected the argument. First, it found that "[k]nowledge that a girl is under 18 years of age when transported interstate is not part of the proof required of the government in order to sustain a conviction under 18 U.S.C. § 2423. The government proved, as it must, that [the victim] was in fact a minor at the time of the interstate transportation ... The Mann Act does not require more." Id., 1993 WL 280323 at *6 (citation omitted). The Sixth Circuit then stated: it does not offend due process for Congress to draft a statute that does not require the prosecution to show that a defendant believed the victim to be under the age of 18 when she was transported interstate, because the law has traditionally afforded minors substantial protection from others.... Similarly, the Constitution does not require that a defendant be provided a defense of mistake of age when accused of a Mann Act violation involving a minor. Id. (citations omitted). This approach is consistent with the law of statutory rape, which generally holds that a defendant's good faith mistake as to the victim's age is no defense. In United States v. Ransom, 942 F.2d 775 (10th Cir. 1991), the Tenth Circuit addressed a federal statutory rape provision, which provides: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both." Id. at 775 (quoting 18 U.S.C. § 2241(c)). The defendant asserted that a "reasonable mistake as to age defense" should be read into the statute or, alternatively, that the statute was unconstitutional for failing to include such a defense. The Tenth Circuit rejected the arguments, noting that "the majority of courts that have considered the issue have rejected the reasonable mistake of age defense to statutory rape absent some express legislative directive." Id. (citations omitted). Further, the "Supreme Court has recognized that the legislature's authority to define an offense includes the power `to exclude elements of knowledge and diligence from its definition."' Id. (quoting Lambert v. California, 355 U.S. 225, 228 (1957)). The Tenth Circuit also agreed with the legislative history, finding that the statute "protects children from sexual abuse by placing the risk of mistake as to a child's age on an older, more mature person who chooses 9 EFTA02857611 to engage in sexual activity with one who may be young enough to fall within the statute's purview." Id. at 777 (citing Nelson v. Moriarty, 484 F.2d 1034, 1035 (1st Cir. 1973)). The Ninth Circuit addressed similar arguments in United States v. Juvenile Male, 211 F.3d 1169 (9th Cir. 2000), and reached the same conclusions. As discussed in Ransom, Epstein and his assistants were the "older, more mature person[s]" who chose to engage in sexual activity and prostitution with young girls. The risk of mistake regarding the ages of those victims should lie with the targets. 2. Coercion and Enticement: 18 U.S.C. § 2422 [Counts 5 to 16] Whoever, using the mail or any facility or means of interstate . . . commerce, ... knowingly persuades, induces, [or] entices ... any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 5 years and not more than 30 years. 18 U.S.C. § 2422(b). The United States must show either: First: That the Defendant knowingly used a facility of interstate commerce to persuade, induce, or entice a person to engage in prostitution; and Second:. That the person so persuaded was under the age of 18; or That That the Defendant knowingly used a facility of interstate commerce to persuade, induce, or entice a person to engage in sexual activity; Second: That the person so persuaded was under the age of 18; and Third: That the Defendant could have been charged with a criminal offense 10 EFTA02857612 under the law of Florida based upon the sexual activity." The statute does not define "facility or means of interstate commerce" or "prostitution." a. A telephone is a "facility of interstate commerce." The Eleventh Circuit has ruled that evidence of the use of a telephone satisfies the element ofusing a facility or means of interstate commerce. United States v. Drury, 396 F.3d 1303, 1311 (11th Cir. 2005) (the term "facility of interstate commerce ... establishes federal jurisdiction whenever any "facility of interstate commerce" is used in the commission of [the] offense, regardless of whether the use is interstate in nature (i.e., the telephone call was between states) or purely intrastate in nature (i.e., the telephone call was made to another telephone within the same state)."). In Drury, the defendant used his land -line telephone to call an undercover agent's cellular telephone. Although both the defendant and the agent were in Georgia, the signals to the agent's cell phone had to pass through VoiceStream's Jacksonville, Florida switching center. The defendant argued that he did not know or intend that the call pass in interstate commerce. The Eleventh Circuit was unpersuaded: The calls were not accidentally or incidentally placed, but rather were made knowingly to further a scheme. . . . Accordingly, whether Drury knew or intended that they would travel across state lines is immaterial. Id. at 1313. In Drury, the Eleventh Circuit did not address whether the district court erred by instructing the jury that telephones are "facilities in interstate commerce." In an unpublished decision from last year, the Eleventh Circuit wrote, in dicta, that there was no error in instructing a jury that "the telephone system was a facility of interstate commerce." United States v. Roberts, 2006 WL 827293 n.1 (11th Cir. Mar. 30, 2006). See also United "Note that there is an Eleventh Circuit Pattern Jury Instruction for attempted enticement of a minor. In that instruction, the Eleventh Circuit included a willfulness requirement — including a requirement that the defendant believe that the individual was under eighteen. Those additional requirements apply to a charge of attempted enticement because attempt is a specific intent offense that requires the United States to prove that the defendant "knowingly and willfully intended to commit the offense" — i.e., that he intended to commit the crime. 1 1 th Cir. Pattern Jury Instr., Special Instr. 11 ("Attempt(s)") (2003). Where, as here, the offense is completed, the statutory language requires only that the defendant knowingly persuade, induce, or entice someone to engage in prostitution or criminal sexual activity. 11 EFTA02857613 States v. Strevell, 2006 WL 1697529,'3 (11th Cir. June 20, 2006) (finding that a defendant's placing of "numerous phone calls from Philadelphia to Miami in order to arrange his sexual encounter" was sufficient to prove the use of a facility and means of interstate and foreign commerce). Earlier this year, the Eleventh Circuit found that the United States adequately proved the jurisdictional element of § 2422(b) when evidence was introduced that the defendant used both a cellular telephone and a land-line telephone to entice a minor to engage in prostitution, even though no evidence was introduced that the calls were routed through interstate channels. United States v. Evans, 476 F.3d 1176, 1180 (11th Cir. 2007). The Eleventh Circuit then held: Telephones and cellular telephones are instrumentalities of interstate commerce. Evans's use of these instrumentalities of interstate commerce alone, even without evidence that the calls he made were routed through an interstate system, is sufficient to satisfy § 2422(b)'s interstate-commerce element. Id at 1180-81 (citations omitted). b. "Prostitution" As noted above and discussed more thoroughly below, almost none of the girls engaged in traditional sexual intercourse with Epstein. The common activity included allowing Epstein to fondle the girl while he masturbated himself, Epstein's digital penetration of the girl, and Epstein's use of a vibrator on the girl while he masturbated himself. It is clear that this activity was done in exchange for money, but the defense will likely argue that some of the activity was not "sexual enough" to qualify as "prostitution." Title 18 carries no definition of "prostitution." In United States v. Prince, the Fifth Circuit approved of the generic defmition "sexual intercourse for hire". Prince, 515 F.2d 564, 566 (5th Cir. 1975).12 In 1946, the Supreme Court defined prostitution as the "offering of the body to indiscriminate lewdness for hire." Cleveland v. United States, 329 U.S. 14, 17 (1946). Black's Law Dictionary contains several definitions of prostitution: 121n Bonner v. City of Prichard, 661 F. 2d 1206 (11th Cir. 1981), the Eleventh Circuit adopted as binding precedent all Fifth Circuit decisions rendered prior to October 1, 1981. 12 EFTA02857614 Prostitution: Act of performing, or offering or agreeing to perform a sexual act for hire. Engaging in or agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person. Includes any lewd act between persons for money or other consideration. Within meaning of statute proscribing prostitution, comprises conduct of all male and female persons who engage in sexual activity as a business. Black's Law Dictionary (6th Ed. 1990) at 1222. The term "lewd" is especially broad, and probably covers all of the acts described below. The district court may decide to limit the term to the definition contained in Florida law. The Florida Statutes define prostitution as "the giving or receiving of the body for sexual activity for hire ..." Fl. Stat. § 796.07(1)(a) (2004)." Sexual activity, in turn, means "oral, anal, or vaginal penetration by, or union with, the sexual organ of another, anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation . . ." Fl. Stat. § 796.07(1)(d). If this definition is used, those instances where the girls remained clothed and where Epstein did not fondle the girls' vaginas would probably fall outside the definition of "prostitution."I4 In light of the Mann Act's legislative history, the broadest definition should apply, and I have used that in my charging decisions." c. "Any sexual activity for which any person can be charged with a criminal offense" Section 2422 outlaws both the use of a facility of interstate commerce to entice a minor to engage in prostitution and the use of that facility to entice a minor to engage in "any "I have used the Florida Statutes in effect at the time that the offenses occurred. They have not changed since then although, as shown below, amendments are currently pending. 'There currently is legislation pending before the Florida Legislature increasing the penalties related to child prostitution. The section defining "prostitution" has been renumbered but the language remains the same. That chapter also has an offense of obtaining a person for "lewdness," (Proposed Fl. Stat. 796.07), which is defined as "any indecent or obscene act." (Proposed Fl. Stat. 796.011(4)) "If we restricted charges to instances where Epstein stroked a girl's vagina or digitally penetrated her, we would need to drop the counts related to Jane Doe #5 and Jane Doe #6. 13 EFTA02857615 sexual activity for which any person can be charged with a criminal offense." According to the Eleventh Circuit Pattern Jury Instruction, the determination of what sexual activity is criminal is governed by Florida law. Florida law bars a person from procuring anyone under the age of 18 to engage in prostitution or to cause a minor to be prostituted. Fl. Stat. § 796.03 (2004). Florida also defines four categories of lewd or lascivious offenses that criminalize behavior between adults and children under the age of 16: 1. "Lewd or lascivious battery" occurs when an adult "[e]ngages in sexual activity16 with a person 12 years of age or older but less than 16 years of age." Fl. Stat. § 800.04(4)(a) (2004). 2. "Lewd or lascivious molestation" occurs when an adult "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." Fl. Stat. § 800.04(5)(a) (2004). 3. "Lewd or lascivious conduct" occurs when a person intentionally touches a person under 16 years of age in a lewd or lascivious manner or solicits a person under the age of 16 to commit a lewd or lascivious act. Fl. Stat. § 800.04(6)(a) (2004). 4. "Lewd or lascivious exhibition" occurs when a person intentionally masturbates or exposes his genitals in a lewd or lascivious manner in the presence of a victim who is less than 16 years of age. Fl. Stat. § 800.04(7Xa) (2004)." ki"Sexual activity" is defined as "the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act i for a bona fide medical purpose." Fl. Stat. § 800.04(1)(a). The only girl under 16, was digitally penetrated, which satisfies this definition. "The Florida Legislature currently is amending § 800.04(7) making it a second-degree felony to commit lewd or lascivious exhibition in front of any victim, regardless of the victim's age. 14 EFTA02857616 All of these offenses are classified as second degree felonies when perpetrated by an adult. Fl. Stat. §§ 800.04, 800.04(5)(c)(2), 800.04(6)(b), 800.04(7)(c) (2004). Section 800.04 affirmatively bars two defenses to these charges. First, "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section." Fl. Stat. § 800.04(2) (2004). Second, the "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 this section." Fl. Stat. § 800.04(3) (2004). Florida law also bars "sexual activity" between adults over the age of 24 and minors who are 16 or 17 years' old. Fl. Stat. § 794.05(1) (2004). In those cases, "sexual activity" is defined as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another." Id. With this offense, ignorance of the victim's age, misrepresentation of the victim's age, and a bona fide belief that the victim is over the age of 17 are not defenses. Fl. Stat. § 794.021 (2004). d. Charging Decisions All of the girls were enticed into committing prostitution and some were also enticed into engaging in criminal sexual activity. I have charged the defendants with enticing each girl into prostitution or criminal sexual activity. e. Conspiracy to Violate Section 2422(b) [Count 11 Unlike most of the other statutes discussed herein, Section 2422(b) does not include its own conspiracy prohibition. Accordingly, a conspiracy to violate Section 2422(b) requires the allegation of a Section 371 conspiracy. While, generally speaking, it is nice to avoid the trouble of alleging a 371 conspiracy, in this case it actually may work to our benefit. First, it allows us to set forth in the indictment, in painstaking detail, the scope of the conspiracy. Second, it allows us to allege as "overt acts," items that might otherwise be excluded pursuant to Fed. R. Evid. 404(b). For example, if Epstein and his assistants engaged the services of an eighteen-year-old girl ("A") to perform a sexual massage on Epstein, that could not be charged as a substantive offense. But, if A was asked to bring additional girls and A later brought Epstein girls who were under eighteen, then the activities 15 EFTA02857617 with A were overt acts in the conspiracy."' f. Penalties and Forfeiture The charged offenses occurred before the enactment of the Adam Walsh Act, so each count carries a sentence of 5 to 30 years in prison, supervised release of up to life, and a $250,000 fine. The current version of 18 U.S.C. § 2428 states that the Court, in imposing sentence, "shall order, in addition to any other sentence imposed . . . that such person shall forfeit to the United States — (1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation[.]" Applying this language, Epstein's Palm Beach home and the two airplanes that he used to travel to West Palm Beach are subject to forfeiture. Section 2428 went into effect on January 10, 2006, so unless we can show activity continuing past that date, it will not apply. For the relevant time period (2004 to late 2005), criminal forfeiture was governed by 18 U.S.C. § 2253(a), which states: [a] person . . . who is convicted of an offense under section 2421, 2422, or 2423 of chapter 117, shall forfeit to the United States such person's interest in — (3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense. This language also should apply to Epstein's Palm Beach home and the two airplanes. The charge of conspiracy to violate Section 2422 carries a penalty of only 5 years in prison because it must be charged as a Section 371 conspiracy. Forfeiture of the relevant property is still available through enabling provisions. 3. Traveling with Intent to Engage in Illicit Sexual Conduct: 18 U.S.C. § 2423(b) [Counts 17 to 50! A person who travels in interstate commerce . .. for the purpose of engaging " "An 'overt act' is any transaction or event, even one which maybe entirely innocent when considered alone, but which is knowingly committed by a conspirator in an effort to accomplish some object of the conspiracy." 11th Cir. Pattern Jury Instr., Offense Instr. 13.1 (2003). 16 EFTA02857618 in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both. 18 U.S.C. § 2423(b). Thus, the United States must prove that Epstein knowingly traveled in interstate commerce and that he did so for the purpose of engaging in illicit sexual conduct, as defined below. a. Proof of intent to travel In apparent anticipation of this charge, In Appendix A, Epstein's attorneys assert that Epstein's trips to Florida were not undertaken for the sole purpose of engaging in illicit sexual conduct—he traveled just to visit his home and attend meetings, etc.— and, therefore, he lacked the requisite intent to violate Section 2423(b). The Eleventh Circuit has held that, in order to be convicted of violating Section 2423(b), the United States must prove that the defendant "had formed the intent to engage in sexual activity with a minor19 when he crossed state lines." United States v. Hersh, 297 F.3d 1233, 1246 (11th Cir. 2002). See also United States v. Han, 230 F.3d 560 (2d Cir. 2000) (defendant could be convicted of violating Section 2423(b) even though no sexual activity occurred and "minor" was really an undercover officer because the defendant had formed the necessary intent by developing a plan to cross state lines to engage in sexual acts with the minor); United States v. Root, 296 F.3d 1222, 1231-32 (11th Cir. 2002). Just a few weeks ago, the Eleventh Circuit addressed for the first time the issue of a "combined motive" for traveling, and approved the following instruction: the Government [] does not have to show that engaging in criminal sexual activity with a minor was the Defendant's only purpose, or even his primary purpose, but the Government must show it was one of the purposes for transporting the minor or for the travel. In other words, the Government must show that the Defendant's criminal purpose was not merely incidental to the travel. 19Although Hersh specifically mentions "sexual activity with a minor," knowledge of age is not required, as discussed above. 17 EFTA02857619 United States v. Hoschouer, F.3d _, 2007 WL 979931, *1 (11th Cir. Apr. 3, 2007). The decision of the Eleventh Circuit was consistent with every other circuit that has addressed the issue: It is not necessary for the government to prove that the illegal sexual activity was the sole purpose for the transportation. A person may have several different purposes or motives for such travel, and each may prompt in varying degrees the act of making the journey. The government must prove beyond a reasonable doubt, however, that a significant or motivating purpose of the travel across state or foreign boundaries was to have the individual transported engage in illegal sexual activity. In other words, the illegal sexual activity must have not been merely incidental to the trip. United States v. Hayward, 359 F.3d 631, 637-38 (3d Cir. 2004). See also United States v. Garcia-Lopez, 234 F.3d 217, 220 (5th Cir. 2000) (The district court did not err in instructing the jury that "it was sufficient for the Government to prove that one of the [the defendant's] motives in traveling was to engage in a sexual act with a minor."); United States v. Yang, 128 F.3d 1065, 1072 (7th Cir.1997); United States v. Meacham, 115 F.3d 1488, 1495 (10th Cir.1997); United States v. Sirois, 87 F.3d 34, 39 (2d Cir.1996); United States v. Campbell, 49 F.3d 1079,1082-83 (5th Cir.1995) ("[I]t is not necessary to a conviction under the [Mann] Act that the sole and single purpose of the transportation of a female in interstate commerce was such immoral practices."); United States v. Ellis, 935 F.2d 385, 389-90 (1st Cir.1991) (jury could consider that defendant's personal motive for bringing minor on interstate family vacations and business trips was to have her available for sexual abuse even though there were other purposes for the trips); United States v. Snow, 507 F.2d 22, 24 (7th Cir.1974); United States v. Harris, 480 F.2d 601, 602 (6th Cir.1973); United States v. Cole, 262 F.3d 704, 709 (8th Cir. 2001) ("The illicit behavior must be one of the purposes motivating the interstate transportation, butneed not be the dominant purpose,"and a defendant's intent may be inferred from all of the circumstances) (citations omitted). For each substantive count of violating § 2423(b), we have evidence that Epstein or one of his assistants called a girl a day or two before traveling to Florida, and called again while he was in Florida. The evidence consists of cell phone records from the assistants and the girls, the message pads recovered from the search of Epstein's home and from trash pulls, the flight manifests from Epstein's private lanes, and testimony from the girls about how the appointments were made. So, if called Jane Doe ake an appointment on January 1st; Epstein traveled to Florida on January 2nd; and Weaned Jane Doe #12 on 18 EFTA02857620 January 3rd (when they were already in Florida) to make an appointment, I have charged a travel count but have listed only Jane Doe #8 as the victim of that offense." b. Illicit Sexual Conduct The United States must prove that one of the purposes of the defendant's travel was to engage in "illicit sexual conduct." "Illicit sexual conduct" means: (1) a sexual act (as defined in section 2246) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States; or (2) any commercial sex act (as defined in section 1591) with a person under 18 years of age. 18 U.S.C. § 2423(f). (I) A "sexual act" Title 18, United States Code, Section 2246(2) defines "sexual act" as: (A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however, slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. "Based on this scenario, both Jane Doe #6 and Jane Doc #7 would still be victims of enticement and sex trafficking. 19 EFTA02857621 And Chapter 109A states: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who — (1) has attained the age of 12 years but has not attained the age of 16 years; and (2) is at least four years younger than the person so engaging; or attempts to do so" has committed a federal offense. This definition is limited to activity witathe 14-year-old), who also engaged in a commercial sex act. oft A "commercial sex act" "The term `commercial sex act' means any sex act, on account of which anything of value is given to or received by any person." 18 U.S.C. § 1591(c)(1). The statute does not go on to define "sex act," but the legislative history of this statute makes clear that the term is to be read very broadly. The term "commercial sex act" replaced the term "prostitution" in an earlier version of the statute. Section 1591 was enacted as part of the "Victims of Trafficking and Violence Protection Act of 2000." Pub. L. 106-384, 114 Stat. 1464. In drafting that legislation, Congress noted: "The sex industry has rapidly expanded over the past several decades. It involves sexual exploitation ofpersons, predominantly women and girls, involving activities related to prostitution, pornography, sex tourism, and other commercial sexual services." Id. at § 102(b)(2). The highlighted language shows that "commercial sexual services" is a broader term than "prostitution," and is meant to include prostitution, the creation of pornography, and other [undefined] acts. When the Sentencing Commission amended the Sentencing Guidelines to correspond with this new legislation, it replaced the tenn "prostitution" with "commercial sex acts" in the heading of part G of Section 2 and throughout that section2' The Commission gave a stated reason for the amendment: This amendment ensures that appropriately severe sentences for sex trafficking crimes apply to commercial sex acts such as production ofchildpornography, in addition to prostitution . . . It proposes several changes to § 2G1.1 . . . to address more adequately the portion of section 112(b) of the Victims of 'Part G contains the guidelines for calculating the offense levels for "Offenses Involving Commercial Sex Acts, Sexual Exploitation of Minors and Obscenity." 20 EFTA02857622 Trafficking and Violence Protection Act of 2000...The amendment proposes three substantive changes to § 2G1.1. First, this amendment broadens the conduct covered by the guideline beyond prostitution to encompass all commercial sex acts, consistent with the scope of the Act. . . . U.S.S.G. App. C, Vol II, Amendment 641 (emphasis added). The reference to child pornography is especially helpful to us, because the child pornography statutes use the term "sexually explicit conduct," which is extremely broad, and includes masturbation and the "lascivious exhibition of the genitals or pubic area of any person." 18 U.S.C. § 2256(2)(A). One can certainly argue that a commercial sex act included receiving payment in exchange for engaging in "sexually explicit conduct." c. Charging Decisions Charging decisions, I have charged traveling to engage in "illicit sexual conduct." I have elected to treat all of these sexual massages as "commercial sex acts" regardless of whether there was any penetration. Epstein exchanged money for the opportunity to view underage girls in various states of undress and to masturbate in front of them. As described by the girls, Epstein received sexual gratification from the experience and he constantly tried to "push the envelope" to convince the girls to become more and more sexual. As described, when a girl refused to let Epstein touch her, Epstein "down-promoted her" to become a recruiter. • d. Conspiracy [Count 2] Section 2423(e) creates a separate offense for conspiring to violate Section 2423(b), so the indictment contains a single conspiracy count, without the allegation of overt acts, for the entire period of the conspiracy. e. Additional Ancillary Offense [Count 3] The statute contains an additional ancillary offense making it illegal, for the purpose of commercial advantage or private financial gain, to arrange, induce, procure, or facilitate the travel of a person knowing that such person is traveling in interstate co the purpose of engaging in illicit sexual conduct. 18 U.S.C. § 2423(c). One of job responsibilities, for which she was paid handsomely, was to arrange both the appointments with the underage girls and also to arrange Epstein's travel. Epstein's pilots testified that 21 EFTA02857623 w as the person who would call them to have them at the airport at a given ti who would tell them where they would be traveling to. Accordingly, I have charged alone with a single count of violating § 2423(c). f. The Affirmative Defense Regarding Knowledge of Age Section 2423(g) provides that in "a prosecution under this section based on illicit sexual conduct as defined in subsection (0(2), it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years." So, for those allegations involving commercial sex acts with 16- and 17-year-old girls, the defendant can come forward and present affirmative evidence that he reasonably believed that the girls were 18 or older. The defense cannot be asserted for the sex acts with girls under the age of 16. Congress's decision to include an affirmative defense to part of the statute shows that it has considered the issue and determined that the Government does not have to prove that the defendant knew the victims were underage for the other portions of the statute. This is consistent with the cases interpreting various sections of the Mann Act. Thus, for that instance where we know that a 17-year-old girl affirmatively told Epstein that she was 18 — and it would have been reasonable for Epstein to believe that statement — I have not charged Epstein with violating 2423(b). Jane Doe #5 was 17 when she met Epstein and told him that she was 18. She says that she believes that Epstein "knew better," but Epstein can probably raise the affirmative defense as to her. so told Epstein that she was 18. She was only 14 at the time and one girl descngras by far St oungest-looking girl whom Jane Doe #1 recruited. As with all the girls, Esptein and EIM never asked anyone to present identification or did anything to try to confirm that they were over 18. For all of the other girls, they either told Epstein their ages or didn't say anything and he never asked. For a number of girls, Epstein provided taxicabs or Town Cars because the girls could not drive. Epstein talked about hi h school events (like prom and soccer practice) with the girls; he sent roses t igh School to Jane Doe #8 when she was performing in a play. Jane oe a so gave pstein a copy of her transcript on three separate occasions. He told Jane Doe #5, "the younger the better." The evidence certainly is enough to give rise to a deliberate ignorance instruction and it also defeats the affirmative defense, if raised. 22 EFTA02857624 Penalties and forfeiture A violation of section 2423, including the conspiracy provision of 2423(e), has no mandatory minimum sentence, and the maximum sentence is 30 years in prison, lifetime supervised release, and a $250,000 fine. As explained above, for the relevant time period (2004 to late 2005), criminal forfeiture was governed by 18 U.S.C. § 2253(a), which also applies to violations of section 2423. 4. Transportation of an Individual to Engage in Sexual Activity: 18 U.S.C. § 2421 'Count 591 Whoever knowingly transports any individual in interstate or foreign commerce ... with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense,n or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both. 18 U.S.C. § 2421. This traditional "Mann Act"section can be used to charge Epstein alone with transporting his girlfriend, , from New York to Florida to engage in sexual activity with one of the girls. As will be explained below, one of the victims, Jane Doe #8, estimates that she engaged in sexual activity with Epstein "hundreds of times." Jane Doe #8 reports that, at some point, Epstein a to pay Jane Doe #8 more money if she would engage in sexual activity with while Epstein watched. Some of this activity occurred before Jane Doe #8 turned 18 and some occurred afterw e #9 and Jane Doe #I7 also report getting paid to engage in sexual activity but we cannot determine their ages at the time. Regardless of the Florida girl's age at the time, EMI "could have been charged with" the following criminal offenses: • offering to commit or committing prostitution or lewdness, Fl. Stat. § 796.07(2)(e) (2004); • soliciting, inducing, or enticing another to commit prostitution or lewdness, Fl. Stat. § 796.07(2)(t) (2004); • aiding, abetting, or participating in either of the above-listed offenses, Fl. Stat. § 796.07(2)(h) (2004); or 'This could be a state or a federal offense. 23 EFTA02857625 • purchasing the services of any person engaged in prostitution, Fl. Stat. § 796.07(2)(1) (2004). Since the transported individual is considered a "victim" under this statute, cannot be charged, so Epstein is named alone. See, e.g., United States v. Love, 592 F.2d 1022, 1025 (8th Cir. 1979) (citing Gebardi v. United States, 287 U.S. 112, 118-19 (1932)). Just as with Section 2423(b), the Government must prove that the defendant had the requisite intent prior to the travel, but the Government does not have to prove that the defendant's sole purpose for traveling and transporting the individual was to have the individual engage in illegal sexual activity. Mortensen v. United States, 322 U.S. 369, 374 (1944); Crespo v. United States, 151 F.2d 44, 46 (1st Cir. 1945). This offense carries a statutory maximum of ten years in prison. During the relevant time period, the forfeiture provision of 18 U.S.C. § 2253(a)(3) applied, which mandates the forfeiture of assets used in the commission of the violation of Section 2421. B. Sex Trafficking of Children: 18 U.S.C. § 1591(a) For those cases where there is evidence that the defendants either knew or, but for their willful blindness, would have known that the victim was under 18, the defendants can be charged with violating two subsections of the child sex trafficking statute. Section 1591(a)(1) prohibits recruiting or obtaining children to engage in a commercial sex act. Section 1591(a)(2) punishes those who benefit financially from child sex trafficking. 1. Obtaining Children to Engage in Commercial Sex Acts: 18 U.S.C. § 1591(a)(1) [Counts 51 to 581 Section 1591(a)(1) makes it illegal for any person to knowingly, in or affecting interstate or foreign commerce, recruit, entice, transport, provide, or obtain by any means a person knowing that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. The term "commercial sex act" has the same meaning as discussed above ("any sex act, on account of which anything of value is given to or received by any person"). This charge has frequently been used in connection with "sex tourism" cases prosecuted by the Office, where the defendant arranged through an undercover "travel agency" to travel overseas to have sex with underage prostitutes. This case is analogous with 24 EFTA02857626 andMilt serving as Esptein's "travel agency" for his interstate travel to Florida to engage in prostitution with young girls. In United States v. Roberts, 174 Fed. App. 475 (11th Cir. 2006), Roberts challenged his conviction for attempting to engage a minor in commercial sex acts in violation of Section 1591(a)(1), all in violation of Section 1594(a).23 Roberts contacted an undercover website promising travel to Costa Rica to meet underage prostitutes. Roberts arranged a trip with the undercover website, but then changed his mind because he did not want to travel internationally. Roberts and the undercover agent then arranged for the [non-existent] prostitutes to travel to Florida to meet Roberts at a hotel there. Roberts challenged the proof of the jurisdictional element of the offense. The Eleventh Circuit found sufficient evidence that Roberts' activities were "in or affecting interstate commerce" based upon Roberts' use of a credit card to pay for his trip with the travel agency, his decision to meet the prostitutes at a hotel that served interstate travelers, and the fact that the prostitutes were supposed to move in international commerce. Id. at 478-79. The case of United States v. Strevell, 185 Fed. Appx. 841 (11th Cir. 2006), involved one of the people who actually tried to travel to Costa Rica using the undercover website. Strevell also challenged his conviction, claiming that the United States did not have jurisdiction over activity that was to take place overseas. The Eleventh Circuit rejected the argument, stating that Section 1591(a)(1): criminalize[s] the use of interstate commerce in an attempt to obtain and entice a minor for prostitution. Although all of Strevell's actions occurred in the United States, it is clear that he used means of interstate commerce in attempting to obtain and entice a minor for sex. He made numerous phone calls from Philadelphia to Miami to order to arrange his sexual encounter in Costa Rica. . . . he attempted to board a plane from Miami to Costa Rica in order to meet one, if not two, 14-year-old prostitutes. Id. at 845. Thus, the evidence of Epstein's violation of this statute includes his travel in interstate commerce to commit the offense; directing his assistants to make interstate telephone calls to set up the appointments; and wiring money interstate to some of the girls as "bonuses." 2'Section 1594(a) makes it a crime for any person to attempt to violate Section 1591. 25 EFTA02857627 In United States v. Evans, 476 F.3d 1176 (11th Cir. 2007), and United States v. Sims, 161 Fed. Appx. 849 (11th Cir. 2006), the Eleventh Circuit affirmed Section 1591(a)(1) convictions for "pimps" who obtained underage girls and forced the girls to engage in prostitution. In Evans, the defendant argued that his purely intrastate activity was not "in or affecting interstate commerce." The Eleventh Circuit found that Evans' "conduct substantially affected interstate commerce" based on his "use of hotels that served interstate travelers and distribution of condoms that traveled in interstate commerce." Evans, 476 F.3d at 1179. Evans shows that'll. ME, and are equally liable for violating Section 1591(a)(1), since their actions were in and affecting interstate commerce (using the telephone and traveling with Epstein), and they recruited, enticed, provided, and obtained underage girls to work as prostitutes for Epstein. I have charged counts relating to Jane Does 3 through 8, 12, and 13. With all of those girls, there is affirmative evidence of some knowledge of age when the appointments were made. 2. Benefitting Financially from Participating in a Venture Engaged in Sex Trafficking: 18 U.S.C. § 1591(a)(2) [Count 41 Section 1591(a)(2) makes it illegal for a person to knowingly benefit "financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1), knowing that ... the person has not attained the age of 18 years and will be caused to engage in a commercial sex act." The term "commercial sex act" has the same meaning as discussed above. The statute defines "venture" as "any group of two or more individuals associated in fact, whether or not a legal entity." 18 U.S.C. § 1591(b)(3) (emphasis added). With respect to 1591(a)(2), the Tenth Circuit has stated the elements as: 1. the defendant knowingly benefitted financially from participating in a venture; 2. the acts engaged in by the venture were in or affecting interstate commerce; 3. the venture recruited, enticed, harbored, transported, provided, or obtained by any means a person; 26 EFTA02857628 4. the defendant knew that the person was under the age of eighteen; 5. the defendant knew the minor would be caused to engage in a commercial sex act. United States v. Wild, 143 Fed. Appx. 938, 942 (10th Cir. 2005). Epstein's assistants, MIMS, and.. a are people who benefitted financially from their participation in the venture based upon the salaries that they received from Epstein. They will, no doubt, argue that the salaries that they received were unrelated to the work of setting appointments for Epstein to meet with prostitutes. The evidence however reveals the importance of this part of their jobs. For example, in reviewing la MEM telephone records, during periods that they were traveling to Florida, a large number of the calls that she made — on a cellular telephone paid for by Epstein — were to girls whom we have identified. There are, no doubt, girls whom we have not identified. Setting up the appointments and travel arrangements, purchasing birthday for the girls, and wiring funds to them all add up to a significant ion of duties and, therefore, a significant part of her pay. With respect to participated in some of the sexual performances. During the relevant period, , and all received a salary and free housing in Manhattan, as well as the ability to travel with Epstein on his private plane, staying in his home, and being fed by his private chef. All of these amount to "something of value" and the relationship of the three assistants as co -employees amounts to a "group of two or more individuals associated in fact, whether or not a legal entity," that is, a "venture" as defined in Section 1591(b)(3). 3. Conspiracy The. Child Sex Trafficking statutes do not include a separate conspiracy charge, so, if charged, it would have to be an object of a Section 371 conspiracy. In light of Section 1591(a)(2), which is directed to "ventures," a separate conspiracy charge might be subjected to a multiplicity challenge. That challenge would probably be fruitless, as evidenced by the fact that Epstein cannot be charged in the Section 1591(a)(2) count but certainly could be charged in a conspiracy to violation Section 1591(a)(1), but I have erred on the side of caution and have not included violating Section 1591(a)(1) as a second object of the Section 371 conspiracy. 27 EFTA02857629 4. Penalties and Forfeiture These violations of Section 1591(a) carry a statutory maximum of 40 years' imprisonment, supervised release of up to life, and a $250,000 fine. 18 U.S.C. § 1591(b)(2). As discussed further below, one of the girls was told that she would only have to "model lingerie." A violation of Section 1591(a) carries a harsher penalty if the offense was "effected by fraud." There still is no mandatory minimum, but the maximum term of imprisonment is life. 18 U.S.C. § 1591(b)(2). As part of the sex trafficking legislation, Congress included a separate forfeiture provision, which states: The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States-(l) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation . .. 18 U.S.C. § 1594(b). Section 1594 also makes contraband any property used or intended to be used to commit or to facilitate the commission of slavery violations. See 18 U.S.C. § 1594(c)(1)(A). Thus, these violations are another basis for forfeiting the Palm Beach home and the two airplanes. D. Charges that Were Considered and Rejected 1. Promotion Money Laundering: 18 U.S.C. § 1956(a)(3)(A) Section 1956(a)(3)(A) states: Whoever, with the intent — (A) to promote the carrying on of specified unlawful activity; .. . conducts or attempts to conduct a financial transaction involving ... property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years, or both. "'Conducts' includes initiating, concluding, or participating in initiating, or concluding a transaction." 18 U.S.C. § 1956(c)(2). The "term `transaction' includes a purchase, sale, 28 EFTA02857630 loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a fi nancial institution includes a deposit, withdrawal, transfer between accounts, . . . or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected." 18 U.S.C. § 1956(c)(3). A "financial transaction" is: (A) a transaction which in any way or degree affects interstate or foreign commerce (I) involving the movement of funds by wire or other means or (ii) involving one or more monetary instruments, . . . or (B) a transaction involving the use of a fi nancial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree. 18 U.S.C. § 1956(c)(4). The "specified unlawful activity" is one of the offenses listed in 18 U.S.C. § 1961(1), namely "any act which is indictable" under Section 1591(a) (sex trafficking) and Sections 2421 through 2423 (relating to white slave traffic). See 18 U.S.C. § 1961(1)(B). Epstein's Palm Beach property manager, Janusz Banasiak, was interviewed and served with a subpoena for records relating to his employment. Banasiak resides in the "guest house" on Epstein's property, and has access to a "Jeffrey Epstein Household Account." Banasiak uses that account to pay for various household expenses. Banasiak's practice was to withdraw $1500 at a time from the bank, and he then would keep a detailed accounting of how the money was spent and, when the $1500 was used up, he would send a copy of the accounting to Epstein's accountant and he maintained a copy for himself. A review of those records showed a number of entries that would simply have a girl's name" and a round dollar amount — usually $200. Banasiak explained that on several occasions when Epstein was "in residence," Epstein or Kellen 25 would ask Banasiak to a one of the girls after a masse was completed. On other occasions when Epstein and were not in Florida, "Some of the entries relate to girls we have identified; others do not. 'On one occasion, Banasiak was directed to give money by Ghislaine Maxwell. Maxwell is the daughter of the late Robert Maxwell, a British newspaper tycoon. Maxwell is credited with bringing Epstein into high society, and it appears that at some time they were romantically involved. Maxwell also has been implicated in another act of molesting a young girl, which is discussed in the 404(6) section below. 29 EFTA02857631 would call Banasiak to say that a girl was coming to the house and Banasiak should give the girl $200 in an envelope. Banasiak stated that he would follow these instructions and that he knew that the money was for "massages," but he insisted that he did not know that sexual activity was occurring. Why Epstein would pay "masseuses" when he was out of town has not been explained. Epstein also sent funds via Western Union as "bonuses" for some of the girls. These transactions could also be considered to "facilitate" the criminal activity by insuring the girls' loyalty and continued availability to Epstein for his sexual gratification. Epstein's behavior seems to fall squarely within the language of the statute as written, including the Eleventh Circuit's pattern jury instruction. 26 In conducting research, however, all cases charged under this section involved undercover "sting" operations. I contacted the Department's Money Laundering Section and learned that subsection 1956(a)(3) was drafted specifically to apply to money laundering "sting" operations, and was not intended to reach the activity that Epstein was involved in. Accordingly, I chose the more conservative route and decided not to charge Epstein with this offense. 2. Aiding and Abetting an Unlawful Money Transmitter: 18 U.S.C. § 1960 Section 1960(a) makes it a crime for someone to knowingly conduct or direct all or part of an "unlicensed money transmitting business." An "unlicensed money transmitting business" means "a money transmitting business which affects interstate or foreign commerce in any manner or degree and . . . (C) otherwise involves the transportation or transmission of funds that are . . . intended to be used to promote or support unlawful activity." 18 U.S.C. § 1960(b)(1). 26 The Jury Instruction requires proof of three elements: First: that the Defendant knowingly conducted a financial transaction; Second: that the financial transaction involved property used to conduct or facilitate specified unlawful activity; and Third: that the Defendant engaged in the fi nancial transaction with the intent to promote the carrying on of specified unlawful activity. Eleventh Cir. Pattern Jury Instr., Offense Instr. 70.4 (2003). 30 EFTA02857632 The term "unlawful activity" is not defined in Section 1960. Another one of the money laundering statutes, Section 1956 cross-references Section 1961(1) for the definition of "specified unlawful activity:" Section 1961(1) defines "racketeering activity" to include "any act which is indictable under any of the following provisions of title 18, United States Code: . . . sections 1581-1591 (relating to peonage, slavery, and trafficking in persons), . . . [and] sections 2421-24 (relating to while slave traffic) . ." 1. The Money Transmitting As I mentioned above, Epstein's property manager, Janusz Banasiak, would withdraw $1500 at a time for household expenses from Commerce Bank. The funds in that bank account were transferred from Epstein's main bank account in New York on an "as needed" basis. Banasiak documented how he used the funds, including payments made to various girls at the request of Epstein or... Epstein also sent funds via Western Union as "bonuses" for some of the girls. These transactions could also be considered to "promote or support" the criminal activity by insuring the girls' loyalty and continued available to Epstein for his sexual gratification. 2. How Epstein "directed" an unlicensed money transmitting business. As mentioned above, I originally considered charging Epstein with promotion money laundering, in violation of 18 U.S.C. § 1956(a)(3XA). After conferring with the Money Laundering Section at the Department of Justice, it was recommended that I forego the Section 1956 charge and, instead, charge Epstein with aiding and abetting the unlicensed money transmitting by causing his bank and Western Union unwittingly to transmit funds intended to be used to promote and support sex trafficking and white slave traffic. The Money Laundering Section referred me to the case of United States v. Tobon- Builes, 706 F.2d 1092 (11th Cir. 1983), where a defendant was convicted of violating 18 U.S.C. § 1001 by causing banks to fail to file Currency Transaction Reports ("CTRs") by structuring transactions." Over a six-hour period, Tobon-Builes and an accomplice went to ten different banks in Northern Florida where they each purchased a $9,000 cashier's check with cash. Because each individual purchase was less than $10,000, thereby escaping the "Tobon-Builes was decided prior to the enactment of 31 U.S.C. § 5324(a), which created a criminal offense for causing a domestic financial institution to fail to file a required report, such as a CTR. 31 EFTA02857633 banks' duty to file a CTR for each transaction. Tobon-Builes was arrested and admitted that he had won over $100,000 playing poker and was purchasing cashier's check in amounts less than $10,000 to avoid bank reporting requirements because he did not want to pay federal taxes on his winnings. Tobon-Builes argued that he could not be charged with concealment of material information in violation of 18 U.S.C. § 1001 because he did not have a duty to file a CTA — only the financial institution has that legal obligation. The Eleventh Circuit rejected the argument, stating that the government: charged and proved that Tobon willfully and knowingly caused financial institutions not to report currency transactions that they had a duty to report and would have reported if they had known about such transactions. Support for this holding is found in 18 U.S.C. § 2(b) which provides that one who "willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal." Id. at 1099 (quoting 18 U.S.C. § 2(b)). Further, "it is well established that § 2(b) was designed to impose criminal liability on one who causes an intermediary to commit a criminal act, even though the intermediary who performed the act has no criminal intent and hence is innocent of the substantive crime charged, in this case concealment." Id. (citations omitted). The operation of Section 2(b) foreclosed Tobon-Builes' legal incapacity argument, and the Eleventh Circuit noted a series of cases where someone without a legal duty used an innocent agent to violate that agent's legal duty. In each of those cases, the defendant was convicted via operation of Section 2(b). See id. at 1100-01 (citations omitted). Since its issuance, Tobon-Builes has been cited in numerous cases for the proposition that a defendant can be convicted as a principal, even where he uses as innocent intermediary to commit the charged offense. In this case, Commerce Bank and Western Union were the innocent intermediaries who operated the money transmitting business. Nonetheless, Epstein's directions to pay the girls caused Western Union to transmit funds that were intended to be used to promote or support unlawful activity — the prostitution of minors. Epstein's directions to Banasiak caused Commerce Bank to transmit funds via its ATM to Banasiak, who withdrew those funds that Epstein intended to use or promote the same unlawful activity. Accordingly, one could charge Epstein alone with individual counts of violating Section 1960 for each Western Union transfer and for each ATM withdrawal that occurred immediately prior to one of Banasiak's documented payments to one of the girls. 32 EFTA02857634 I decided not to include these charges because I felt that the charge would confuse the jury or make them feel that the Government was overreaching, and the penalty for this activity is less than the penalties for the other charged offenses. 2. The Travel Act: 18 U.S.C. § 1952 Section 1952 bans the travel in interstate commerce in aid of racketeering. So, if a person travels in interstate commerce with the intent to promote an unlawful activity, which can include prostitution, and after this travel he performs an act to promote that unlawful activity, then he has violated the Travel Act. At first blush, this appears to apply, but the "unlawful activity" must be a "business enterprise involving" prostitution. If Epstein were a pimp who was soliciting girls for other men and was assisting him in that effort, the Travel Act would apply. However, since Epstein is to solicit girls on Epstein's own behalf, I don't believe that Epstein's personal use of the prostitutes can be considered a business enterprise. III. VICTIMS A. Some time in early 2004, the exact date being unknownaliviaproached by two individuals and Ton while at a beach b on Singer Island. was a classmate ofa igh School. EM askedallif she wanted to make some money giving a massage to a wealthy man on Palm Beach Island. was told that she would be paid $200, she would have to remove some of her clothing, and that there might be some "fondling." greed to go to the house. Within a few da as called by.. and Tony, an a e drove to Epstein's home on Brillo Way m a m Beach. The three were admitted through the gate and went to the Ityluntrance" of the house, entering through the kitchen. In the ldtchereas met by and some other members of the household. le pstairs to Epstein's dressing area26 where the massage table was already set up. then left the room and Epstein entered wearing a nFrom the descriptions provided by the girls and by the police officers who conducted the search of the home, attached to Epstein's master bedroom was a large room that contained a steam shower, dressing area, and closets. This space was adjacent to the regular master bathroom. Because some activity occurred in the bedroom itself, I will use the term "dressing area" to refer to the space where the sexual massages occurred. 33 EFTA02857635 towel. E stein laid face down andawas told to remove her clothes (she remained in her panties then began to massage Epstein as he directed her. After massaging his back area for some ime, Epstein turned over so that he was laying face up. Epstein began 1 p3ra masturbating and tried numerous times to tout bbing her rear end and trying to touch other places in a sexual manneram away several times, telling E stein that she did not want him to touch her. Epstein continued to masturbate, and instructe to pinch his nipples, which she did. Epstein climaxed and the massage endeScps d up and wiped himself off. Epstein w into the master bathroom while got dressed. into After both were dressed, Epstein paid 200 in cash (2 $100 bills). Because - would not let Epstein touch her, Epstein o at she shouldn't give him any more massages, but she could bring girls to the house an she would get paid $200 for every girl that she brought." When ent downstairs, aske or her telephone ill so that could conta irectly. ave er e ephone number to , and all future communications were directly wi =says that she received the from soon after her first visit to Epstein's residence. Telephone records for l ne and telephone were subpoenaed. The first telephone contact between and was on March 12, 2004, and it continued through July 24, 2005. =described how would call to arrange appointments for Epstein. - would call to ask =if anyone was available to "work." says that some of these calls occurred prior to Epstein's travel to Florida others would occur when Epstein was already in town. During some of the telephone calls,Ell would request a particular girl, other times she would just aslato find a girl or girls to come over. she sometimes received multiple calls during one of Epstein's stays. Onc a call from ould call one or more girls to see if they were availab would call back to confirm the date and time. This is consistent with the telephone records that were received. The that were subpoenaed show ap 70 telephone calls between and =also placed one call to telephone. ived $200 each time she brought a girl to Epstein's house, even if it was the second or time she brought that girl. "More telephone calls occurred, but calls placed tome telephone from Epstein's home telephone (or vice-versa) were not captured in the cellular phone records in our possession. The same is true for all of the victims. 34 EFTA02857636 rought seven ah i v p:tein's home ranging from 14 to 17 years' old. Every time a s e brought a girl as paid $200, always in cash, always in $100 bills, always by Epstein. alltalsoSN A one 23-year-old woman to Epstein's home. Epstein to "didn't care for her" and toldahat the woman was too old. Epstein told the younger the better,"' and tolathat he didn't like to have problems wi gir s who didn't know what toit:o she should always tell the girls in advance what would happen when they arrived. ported that she always told the girls that they would have to get undressed and give a massage and that there might be some "fondling."=reports that she told all of the girls that they could tell Epstein that they were unc=rtable with about a rumor that a girl said that she doubted that anything and he would stop. stated that she had ask who had intercourse with Epstein had been paid $1,000. was true because Esptein "doesn't have sex with the girls, he just plays around with them." 111 lso reports that= had tol tell E tein that she was 18 if he asked and tha told that to the girls whom she recruited. -aid that she told Epstein that she was 18 but that "he knew better." also said t she was never instructed by Epstein or EIE to make sure that the girls that she brought were over 18 and was never asked to provide identification/proof of her a e for herself or for any of the girls whom she brought. One of ME friends described as "the youngest-lookin girl" that had brought to Epstein's house. Yet ma e another appointment fo to come to Epstein's house without either or Epstein asking about= age. was 14 years' old. T . On March 11, 2004 lied Tony at 9:13 li. iwtein arrived the same day, at 11:20E. On March 12, 2004 alledisat 8:59 M. and 9:21 E. At 3:38 that afternoon, received her irs ca from a ovided one sexual massage where E stein masturbated while trying to fondle as 17 years' old at the tim told Epstein that she was 18 years' old, ut lieves that Epstein "knew better," bas on er appearance and their discussion during the massage. 'During her interview with the police aught herself and said "He likes girls who are 18 to 20," but in talking with the federal agents, she admitted that the only girls qlsbpought (other than the 23-year-old) were girls under 18, Epstein really liked the youngest girl who was 14), and he preferred young girls, not 18- to 20-year-olds. 35 EFTA02857637 Possible Credibility Challenges 'as been granted 6001 immunity by the De artment and has appeared before the Grand Jury. After her experiences with Epstein ecame a stripper and worked in various clubs in West Palm Beach and Orlando currently working as a waitress at a regular restaurant in the Fort Lauderdale area. ntly is living with her parents but is scheduled to move out soon.illilliprimary credibility challenge is that she brought several girls to Epstein's home — knowing that they were underage — and she has been given immunity for her testimony. suffers from depression and takes medication for that condition. The grand jurors listened attentively to and seemed to believe her. After her testimony th e anxious to indict Epstein, asking when an indictment would be forthcoming. is very straightforward about Epstein's actions, and her own. B. As mentioned above parents originally brought Epstein's behavior to the attention of the Palm Beach Po ice Department. ent to Epstein's house once ade a by 5,2115 an' er.oyu end sed her cell phone to call over e telephone. description to someone. a v rich man on Palm Beach. began arguing because idn't want states leaded that she knew sh ave Walfirjer top off and that Epstein would masturbate during the massage. states thanew she would have to strip down to her bra anties and th at the more she did, the more [money] she would make.' cted at, if Epstein askedewould say she was 18 and was a senior at High on February 6, 2005, when she was 14 years' old. High School at the time. was recruited was datinaat the time. On February use toahala a movie. That evil eareescribingallo ked why she was giving her physical if she wanted to make $200 g . ve massage to On Filagu.6, 2005, at 12:50 pm alled cell phone. Two minutes latenallecl.. alled E stein's Palm Beach house and, one minute later gain calle an oth say thard another 36 EFTA02857638 girl went ahouse and picked her up. They drove to the Palm Beach house. A security guard at Epstein's home asked why they were there, an aid they were there to see Jeffrey. The guard let them in and they entered the hou gh a side door into the kitchen. Epstein and an assistant [either= fat] arrived and the assistant led upstairs to the master bedroom where all the mjssages took place. was able to describe the bathroom and the pictures of naked girls in the home accurately, and she E s describes how she and the assistant picked out massage lotions tates that the assistant told her to take her top off. Epstein entered shortly thereafter anlreefully ordered= to take her pants offiMemoved her pants while Epstein left the room. When Epstein returned, he was wearing only a towel. Epstein laid face down and tol o straddle him to massage his back. bare buttocks touched Epstein's lower bac p of his buttocks. Epstein ask a e and where she went to school an id that she was 18 and was a senior a . Epstein got up from the massage to e and went to the toilet area where he masturbated and made moaning noises. Epstein then returned and laid down facing up. He continued to masturbate while directing massage his chest. Epstein then told IN o grab a large back massager/vibrator that was across the room. Epstein's request, removed her underwear. Epstein used the massa er on agina while he masturbated. Epstein then digitally penetrated ooked at Epstein to express her displeasure with the penetration and Epstein looked at her and sarcastically said, "What's the 31•painin that the extra $100 was because he "fin ered her" and used a vibrator matter?' ooked away. When Epstein ejaculated, the contact stopped. Epstein gave on er. Esptein left o get dressed. Epstein also asked o leave her telephone numberMgot dresse , went downstairs, and left withan ived $200 for bringing= In the car on the way home tol at Epstein "fingered" her and paid her 300. onfirms this, which should be a missible as a prior consistent statement.) = olced that the reme. could get rich if they went tolls house every weekend. The girls went shopping an en tool id not purchase anything with the $300 she had received from Epstein. Whearetumed to school on Monday, she told a friend what had happened. As discussed in the introduction, rumors started flying around the school an nd another girl got into an argument. One of the school administrators search urse and found the $300. When confronted, initially stated that she earned a through her job at Chik-Fil-A. She then state s e ad sold drugs to get the money, and finally admitted that 37 EFTA02857639 she had gotten the money from Epstein. began working with a PBPD Detective. Controlled calls were made t was initiall suspicious because she had heard about the problems at the school convinced hat she wanted to return to Epstein's house because she needed more money as recorded saying, "the more you do, the more you make." On March 30 and 31, 2005aplaced controlled calls t about setting up another meeting with Epstein. Also on March 30 and 31, 2005 nd made calls to and from each other. On March 31 and April 1, 2005, called and left voicemail messages, which were recorded, to confirm a visit to Epstein's house. Epstein flew in to Palm Beach International Airport ("PBIA") on March 31, 2005. The April 1 recorded voicemail messages, were to confirm a visit to Epstein's house on "Saturday" which would have been Saturday, April 2, 2005. On Tuesday, A Sr 005, PBPD did a trash pull at Epstein's home, and recovered a handwritten note, widen Saturday at 10:30." Epstein departed PBIA on April 6, 2005. Possible Credibility Challenges =has been the focus of Epstein's attorneys because she was the youngest girl and the one who brought Epstein's activities to light. Copies of a MySpace page credited to =were provided to the State Attorney's Office and to our office. On that page, states that she is 21 years' old, she drinks and has taken drugs, she sho lifts, and she earns $250,000 each year. The MySpace page also shows a picture o vrestling with her boyfriend and a photograph of a naked girl lying on a beach. Copies o those materials are attached hereto at Tab 9.32 During her first sessions with the police, she also minimized what 32Also attached at Tab 10 are two police reports showing that a'as under the influence of Xanax in March 2006 and that her mother called the police fearing that she had run away in January 2006. Both of these events occurred well after the events occurred with Epstein and after the matter was reported to PBPD andillahras interviewed. Warents report that once the rumor at school started that a prostituteratarted avingbehavioral problems and had to change schools twice. She has successfully completed a drug treatment programs since the reported events at Tab 10. Attached at Tab 11 is a booking photo o ather. I have downloaded the docket sheet, 111 Information, J&C, Rule 35 motion, the Order gran.mg the Rule 35 motion, and the Petition for Violation of Supervised Release i,ic m ire added those to Tab #11. Attached at Tab#12 is information related to an arrest o other for "criminal use of identification information." 38 EFTA02857640 happened with Epstein, denying that he touched her. With respect to the minimization of the conduct, we have secured two experts in these types of cases, who will explain how child victims of sexual abuse minimize what happened to them until they feel more secure about the interviewer. In addition, there is the prior consistent statement thatiMmade tonhile they were in the car driving away from Epstein's home. With respect to the MySpace page —says that it is inaccurate. When she was confronted with the page before the state grand jury, she denied putting certain items on the page. When we met with her, she again said that she did not remember putting certain things on the age and she believed that it wasn't her page. After that meeting, we tried to verify statement, i.e., whether someone really had doctored her page. We were able to determine that the page was created on a single day and had never been accessed since the date of its creation. Some of the information was identical to active" MySpace page, and other parts were different. Unfortunately, because of the passage of time, the ISP no longer had information about the specific IP address used to create the page, so we could not trace the creation back to a particular persons address. Even i ally did create the MySpace page and simply forgot about i in m opinion, most o e mformation that they are focused on doesn't really undermine credibility in this case. MySpace pages are notorious for "puffing," so claims that s e was 18 and made $250,000 a year are not statements that a reasonable person would rely on to avoid engaging in criminal conduct. Certainly E stein never visited the site before molesting so he did not rely upon the claim that vas 18 when he decided to digitally penetrate her. IMIIItdmittedly drank and was sexually active with her boyfriend. He were not a person who engaged in these types of recruit activities i livouldn't have approached her to give a sexual massage to Epstein. e photograph of the nude girl on the beach is obviously a picture that was digitally created (there is a cruise ship headed directly towards the girl on the beach) and also is obviously not.= C. Jane Doe #15 Jane Doe #15 also attended High School witaand recruited her to go to Epstein's home to perform a sexual massage when JD#15 was 16. It is not expected tha parents will be called as witnesses, but the defense has brought these events to my attention. 39 EFTA02857641 M o l d JD#15 that she could make $200 for massaging Epstein. drove JD#15 to Epstein's house and told her that Epstein may ask her to take her top off and may try to touch her, but she could tell him if she felt uncomfortable. also instructed JD#15 to tell Epstein that she was 18, if he asked. When thearived at Bps • ' ouse, they entered through the kitchen, and they were met bya. ewe() and JD#15 upstairs to the dresimea and helped them set up the massage table, select the lotions, and obtain towels. then left the room. Epstein entered and introduced himself. Epstein anc=ithen stepped outside for a moment and only Epstein returned. Epstein removed his clothing and laid down on his stomach. During the massage, Epstein repeatedly grabbed and pulled at JD#15 to get her closer to him so he could fondle her. At the end of the massage, Epstein paid JD#15 $200 and asked for her telephone number. also received $200 for bringing her. A short time later, called JD#15 and left a message asking her to perform another massage. ade arrangements for JD#15 to return for a second massage. During the second visit, nd JD#15 again entered through the kitchen, where they were greeted by Epstein. Epstein led JD#15 upstairs, leaving n the kitchen. During the massage, Epstein was on the telephone, and no sexual activity took place. Both d JD#15 received $200. JD#15 did not remove her clothing during either of these sessions. JD#15 did not return to Epstein's residence for several months because she awl= had gotten into an argument. We do not know the exact date when JD#15 returned to Epstein's home, but we know that it was at least by December 2004, when JD#15 was 17, because on that date, JD#15 received a call directly from. After that break in time, JD#15 started going to Epstein's home on a regular basis. Each time she removed more and more clothing, at Epstein's request. JD#15 also explains that Epstein pushed at every session for more sexual activity. Epstein would masturbate during virtually every session, and would ask JD#14 to pinch his nipples. Epstein would pinch JD#15's nipples, and rub her vagina. On several occasions, Epstein digitally penetrated JD#15, he also used a large vibrator/back massager on JD#15's vagina. Epstein asked JD#15 to straddle him naked while he was lying on his back. Epstein then reached through her legs to masturbate himself. Epstein tried to rub his penis against JD#15's vagina but never penetrated her. JD#15 stated that she was usually contacted by , via her cellular phone, to set up appointments. would sometimes call from New York or S. Virgin Islands stating, "we will be coming into town, can you work?" Sometimes would call when they alre, were in town asking if JD#15 was able to work the same day or the following day. sometimes made appointments before Epstein left town for the next time that 40 EFTA02857642 they would be in town. On several occasions, ME made the appointments with JD#15. Epstein gave JD#15 three Victoria's Secret bra and panty sets and gave her a "Pocket Rocket" vibrator for her 18th birthday. Jane Doe #15 never told Esptein her age, but she also never told him that she was 18. They discussed her high school soccer ames and her plans to attend college in the future. In addition, as discussed below was a close friend ofJD#15 and they often went to Epstein's house together. told Epstein that she and JD#15 went to the same school and were in the same class, and old Epstein that she was a junior in high school. There also is evidence that Epstein gave JD#15 a vibrator for her 18th birthday, knowing that it was her 18th birthday and offered to fl y JD#15 to his home in the Virgin Islands after she was 18. With at ect to the enticement charge and the human trafficking charge, I included and MI because of the number of calls that they were involved with. There were a total of 156 calls between and JD#15, and there were 28 calls between and JD#15. Although was aboard the plane during several trips, there is no evidence that she ever had contact with JD#15 or arranged for JD#15 to engage in sexual activity with Epstein; thus, I have not charged her in connection with any of this activity. Rather than try to parse out each instance where JD#15 was enticed, I elected to charge the enticement and sex trafficking offenses over the range of dates representing the first telephone call from to JD#15 until the last call from before JD#15's 18th birthday (the activity with Epstein continued thereafter, but at that point it is beyond our jurisdiction to prosecute). The roper unit for charging the travel offense is each trip, so I have charged the trips where or spoke with JD#15 shortly before Epstein traveled, again stopping at the point that 11)815 turned 18. D. also was recruited by..nd was a student a igh School. received approximately 60 calls from during od of April 25, 2004 (when she was 16) through October 6, 2005 (when she was 18). tates that she perfo A l • nly a few sexual massages, although that is belied by the num er of telephone calls. . II its that she performed the sexual massages while wearing her bra and panties. During ons, Epstein pulled ra down and grabbed her breast. Epstein tried to touc va na and grabbe er utt. Epstein masturbated during the sessions and he instructed pinch his nipples while he masturbated. 41 EFTA02857643 Epstein tol' to take her clothes off and that she could make more mo e if she would do more (engage in more sexual activity). Epstein constantly pushed fo o become more sexual, asking her if she had sex with her boyfriend and if she liked sex. was paid $200 for each sexual massage that she performed, and she received the payments from Epstein and-. . Epstein also tol that she could ma e more money if she "brought her pretty friends" to perform sexua massages. Epstein tol hat thegirls that she brought should know what to expect when they arrive. a so as e o bring more girls. brought at least two more girls to Epstein's home. She was pai $200 for each girl ww hom she brought. and e the appointments wittillpiold Epstein that she was a junior at High School, so there is evi ence at Epstein knew thall.was un er . E. Jane Doe #14 Jane Doe #14 also attend ligh School. She was recruited to give .• sexual massages to stein in e a o , w len she was 17 years' old. She was recruited indirectly b Jane Doe #14 Ned that she entered the home through the kitchen and was introduced to brought JD#14 upstairs to the dressing area, where she met Epstein. JD#14 performed multiple sexual massages for Epstein. During the first massage, Epstein asked JD#14 how old she was and she said that she was 18. During that massage, she removed her clothes, and he masturbated. JD#14 also describes how Epstein would verbally push her to engage in more and more sexual activity. JD#14 states that Epstein began fondling her vagina and digitally penetrating her, and the activity escalated to full sexual intercourse in his bedroom. Epstein asked JD#14 to straddle him and pinch his nipples while he reached through her legs to masturbate himself. He used the vibrator/massager on her vagina. When JD#14 told Epstein that she didn't li ke it, he responded that she was "scared to have pleasure." Epstein digitally penetrated her and performed oral sex on her. JD#14 was paid $300 during her visits to Epstein's home. On one occasion she received $500 and on another occasion she received $600. Epstein always paid her except for one occasion when he didn't have any cash. Epstein then asked one of his employees to 42 EFTA02857644 pay her. (This is consistent with the record of a payment by the house manager to JD#14.) JD#14 received a $200 "Christmas present" via Western Union on December 23, 2004. Epstein offered her David Copperfield tickets and she spoke with Copperfield on the telephone. n Around the third or fourth visit, Epstein began asking JD#14 about plans for her 18th birthday, and he said to her, "So you're really not eighteen." JD#14 states that they laughed a little and continued with the session. JD#14 received 31 calls from.. and 15 calls from.... JD#14 states that she received the payments from Epstein. JD#14 says that Epstein definitely knew her age. JD#14 could not drive, and Epstein provided her with a private car company that would pick her up and take her home after the sexual encounters. F. JANE DOE #9 Jane Doe #9 also attendediallinHigh School. She was recruited by a girl named ho also was an underage victim.' Jane Doe #9 was involved with Epstein for more an a year, and she recruited Jane Does #10 and #16. Jane Doe #9 is believed to be the girl who saw Epstein the most. She estimates that she saw him hundreds of times. There are approximate) 220 calls between Jane Doe #9 and 4 calls with ME, and 3 calls with. JD#9 reported that pproached her one summer when she was working at the Mall. JD#9 sat at she thought she was 16 or 17 years' old at the time. Her telephone contact with bean in 2004, so this probably was the summer of 2004 when JD#9 was 17 years' old. told her that she could make $200 performing a massage, but would have to perform the massage naked. JD#9 agreed to perform the massage, and set it up for the same da . JD#9 remembered that it was a weekend because she on y worked on weekends. took JD#9 to Epstein's home where they entered through the kitchen and met led JD#9 upstairs, and JD#9 described the pictures of naked women on the walls and tables of the house. 35 When they reached the 33 One of the messages retrieved from the message pad was a call from David Copperfield asking Epstein to return his call. mAs discussed below, there are six girls who will be included in a superseding indictment, once their telephone records are received and analyzed. s one of those girls. 35A number of these photographs were seized during the search of Epstein's home. 43 EFTA02857645 dressing area, set up the massage table and selected the massage oils. Epstein entered the room and introduced himself. He lay face down on the massage table and JD#9 undressed except for her panties. JD#9 massaged Epstein's back and legs. He then turned over and began masturbating as she continued to massage him. Epstein fondled JD#9's breasts as he masturbated, and the masse e ended when he ejaculated. JD#9 received $200 from Epstein as payment for that session. lso was paid, but JD#9 did not know how much. Epstein asked JD#9 to leave her e ep one number. JD#9 wrote it down on a piece of stationery bearing Epstein's name. JD#9 described the escalation of sexual activity during the period that she knew Epstein. Epstein digitally penetrated JD#9, used the massager/vibrator on her va ina, and performed oral sex on her. JD#9 described how Epstein brow ht into the activity. He instructed JD#9 to perform oral sex on . When JD#9 refused, Epstein promised an additional $200 if JD#9 would perform oral sex for fi ve minutes. JD#9 agreed, and Epstein masturbated while watching them. JD#9 said that various sex toys were used on her, including use of a strap -on dildo. JD#9 also said that Epstein forced her to have vaginal sex on one occasion when he became very excited. JD#9 screamed for him to stop. Epstein did so and apologized. JD#9 said that she received varying amounts of money for the sexual massages, depending on how much sexual activity took place, ranging from $300 to $1000 on the day that Epstein forced intercourse on her. Epstein asked JD#9 how old she was. JD#9 said that she w and E stein told her that he knew she was not 18. Epstein knew that she attended igh School. He sent roses to a high school play performance that JD gave. ey iscussed JD#9's plans to attend college. JD#9 gave Epstein a copy of her transcript on three occasions. JD#9 believed that Epstein would help her get into NYU and that he would pay for her tuition there. Epstein also paid for a trip to New York for JD#9 for her 18th birthday. JD#9 went to Epstein's house to pick up an envelope of money to pay for the trip. Epstein also gave her tickets to the Phantom of the Opera in New York. Epstein did not accompany JD#9 on this trip. Epstein provided JD#9 with other gifts including a Louis Vuitton purse, a bathiiiiii Victoria's Secret bra and panty sets, and cash gifts. JD#9 said that most of the time would call to set up the appointments for her to "work." would call from one day to several days in advance. Sometimes the appointments were made before Epstein arrived. 44 EFTA02857646 Other times= would call when they were already in Palm Beach. JD# was shown . a photo array containing photograph. She positively identified Credibility Issues Attached at Tab 5 is Jane Doe #9's MySpace page. Attached at Tab 6 is the report of an arrest of Jane Doe #9 for using drugs. Tab 7 is a report of a fi ring from Victoria's Secret for theft. The defense rabidly attacks Jane Doe #9's credibility because of all of the sexual activity that she describes. One attack is that she is incredible because she was subpoenaed to appear before the State Grand Jury and never appeared. The defense neglects to point out that the subpoena was issued one or two days before JD#9 was to testify in West Palm Beach; she was living in Orlando at the time; and she was never served or told about the grand jury presentation. JD#9 admittedly has used drugs since becoming involved with Epstein, but she seems to have finished that phase of her life. Her statements also are corroborated by: her ability to describe the house, the telephone records, the property manager's written record of paying her, the earlier property manager's statement that he rented a car for JD#9 at Epstein's request, and the receipt provided by Epstein's counsel at Tab 8. G. JANE DOE #10 Jane Doe #10 attendaa-ligh School and was recruited by Jane Doe #9. She reports that she gave approximately 15 sexual massages (this number is probably lowl. There are approximately 115 tele hone calls between Jane Doe #a And approximately 7 calls with , and approximately 14 calls with MI Jane Doe #10's phone activity began on July 22, 2004, when she was 17 and continued past her 18th birthday. Jane Doe #10 states that she originally told Epstein that she was 18 but he found out that she wasn't and gave her 4 tickets to a David Copperfield show for her 18th birthday. Jane Doe #10 reports that, in the spring of 2004, she was working at a store at the Mall with Jane Doe #9. Jane Doe #9 approached her and said that she could make extra money providing massages to Epstein - the massages may have to be given nude, but if Epstein asked her to do something, she could say no. Jane Doe #10 agreed and Jane Doe #9 made the appointment. On the fi rst visit, Jane Doe #9 led Jane Doe #10 up to the dressing area. Epstein entered wearing only a towel, and he directed Jane Doe #9 to leave. He removed the towel and laid down. Epstein asked Jane Doe #10 to undress but she only removed her top. She was paid $200 and Epstein asked her for her phone number, which she provided. Epstein asked her about her plans to attend college in the future. On the third 45 EFTA02857647 visit, Epstein again asked Jane Doe #10 to get undressed and she did. Jane Doe #10 says that from this point, each visit became more sexual and Epstein would try to go farther each time. Epstein placed his hand on Jane Doe #10's vagina and breasts while he masturbated; he also used the vibrator/massager on her vagina. E stein asked Jane Doe #10 to touch his penis - she said "no." On at least two occasions, was part of the activi . Epstein and performed sexual acts on each other, including oral sex. placed her hand on Jane Doe #10's vagina and used the vibrator/massager on Jane Doe #10's vagina. usually would call to set up the appointments prior to their trip to Florida. On two occasions, Epstein wired money to Jane Doe #10 when she was on vacation and had no funds to get home. Both of these wire transfers occurred after her 18th birthday. H. JANE DOE #16.IIIIMIM Jane Doe #16 attend igh School and was recruited by Jane Doe #9. She estimated that she started going to pstein's house in November 2004, but phone calls with do not begin until February 2005. Jane Doe #9 approached her and asked if she wanted to make money massaging Epstein. Jane Doe #16 had heard of other girls at school making money that way and she a to go to Epstein's house. Jane Doe #9 took her to the house and introduced her to and Epstein in the kitchen. Jane Doe #9 led her upstairs to the dressing area where the massage table was already set up. Jane Doe #9 left and Epstein entered wearing a towel. Epstein told her to undress and Jane Doe #16 performed the massage wearing only panties. Epstein masturbated until he ejaculated, which ended the massage. Jane Doe #16 received $200, so did Jane Doe #9. Jane Doe #16 estimates that she went to Epstein's home 10-15 times. Each time Epstein pushed for more sexual activity. Epstein fondled her buttocks and breasts and pulled her closed to him while he masturbated. Epstein used the large white vi rator/massager on her vagina. Epstein asked Jane Doe #16 to kiss and fondle while he masturbated. Epstein also had vaginal intercourse with Jane Doe #16 on one occasion, for which he paid $350. Jane Doe #16 would receive calls from and to arrange appointments to "work" which meant to give a sexual massage. Sometimes appointments were made before they arrived; other time the appointments were made when Epstein was already in town. Jane Doe #16 told Epstein that she was 17 on her fi rst visit. A few days before her 46 EFTA02857648 18th birthday was the date when she and Epstein had vaginal intercourse. Epstein gave her 2 or 3 Victoria's Secret bra and panty sets for her birthday. Epstein also gave her an Olympus digital camera as a gift during their relationship. Jane Doe #16 recruited Jane Doe #17 and a non -minor female to go to Epstein's home. There are approximate) 60 calls between Jane Doe #16 and and 14 calls between Jane Doe #16 and in. called Jane Doe #16 once. Credibility Issues Jane Doe #16 is the basis for one count of the state indictment. Epstein's attorneys have accused her of 1 in and have made much of her MySpace page, which uses the profile name Those materials are attached at Tab 13. Epstein's attorneys do not ave a copy ane #16's state grand jury testimony. During that testimony, Jane Doe #16 exhibited no hostility towards Epstein and said that she testified only because she was subpoenaed to appear. Her statements are well corroborated by the telephone records, etc., but, as with the other girls, her past is not pristine. L JANE DOE #17 Jane Doe #17 also attend igh School. She was recruited by Jane Doe #16 and also was friends wr n . ne Doe #17 went to Epstein's home twice, the fi rst time when she was 16 and the second time when she was 17. Jane Doe #17 was paid $200 each time. She did not recruit anyone else to go to Epstein's home. Jane Doe #16 approached Jane Doe #17 telling her that she could make $200 massaging Epstein. Jane Doe #16 told Jane Doe #17 that she would have to perform the massage topless. Jane Doe #16 arranged that fi rst appointment with . Jane Doe #16 and Jane Doe #17 went to Epstein's house together and entered through the kitchen. Jane Doe #16 led Jane Doe #17 upstairs to the dressing area. Epstein entered wearing only a towel. The two girls undresses down to their panties. Epstein selected the massage oils and lay face down on the massage table. Both girls began massaging Epstein's back, legs, and feet. After some time, Epstein turned over and instructed Jane Doe #16 to leave the room. Epstein then began to masturbate as he instructed Jane Doe #17 to massage his chest. After Epstein ejaculated, he used the towel he had been wearing to wipe himself off, and told Jane Doe to get dressed and meet him downstairs. Jane Doe #17 did so and met Epstein in the kitchen, where he paid here $200. Jane Doe #16 received the same amount. 47 EFTA02857649 The second appointment also was made via Jane Doe #16 approximately one month later. They returned to the house the same way and Jane Doe #16 again led her upstairs, but left Jane Doe #17 to do the massage alone. Epstein entered wearing only a towel. Jane Doe #17 stripped down to her panties, but Epstein told her that she had to get completely naked, which she did. Jane Doe #17 massaged Epstein's back and legs for a while and the he turned over and began masturbating as she rubbed his chest. This time Epstein to the massager/vibrator and began using it on Jane Doe # 17's vagina. Epstein did that for a while and then stopped so he could focus on himself. After he ejaculated, he wiped himself off and told Jane Doe #17 that the massage was over. Jane Doe # 17 got dressed and went downstairs to the kitchen, where she met Epstein and Jane Doe #16. Epstein paid her $200. 7 reports that Epstein asked about school. She told him that she attended High School. She also told hir oske did not have her drivers license yet. Jane Doe #17 did not give her phone number or Epstein and she told Jane Doe # 16 that she did not want to return. Because no calls went directly from Epstein or his employees to Jane Doe #17, the exact dates of contact are unknown. JD#17 says that she believes the events occurred around her birthday and there is phone traffic between JD#17 and her recruiter in February, March, and April, so I have charged the whole period [Count 13]. J. attended High School and was recruited by When she was interviewed, she told them she only performed one massage. She has not yet been interviewed by the FBI, so she is not the subject of an substantive counts at this time. She is, however, the link between Epstein and also removed from the indictment). She is listed in an overt act making calls on behalf tiMM K. attend igh School and was recruited b e wan o for Christmas. She only went to Epstein's ome on one occasion, when she was 16. Epstein never asked her age, but they discussed events at the high school. as taken to Epstein's home byM She was introduced to in the kitchen. led her upstairs to the dressing area an explained that there would be 48 EFTA02857650 lotions out already and Epstein would tell her which lotion to use. The massage table was already set up in the dressin area. 1.1 introduced o Epstein, who was on the phone when the entered. left. Epstein was layingFP its stomach wearing a white towel. gan massaging his back and legs. E stein told to get comfortab e and asked her to remove her shirt and pants. moved those items, remaining in her bra and panties. Epstein turned over and ins c e r to pinch his nipples. Epstein asked about high school, asked if she was sexually active and what sexual ositions she liked. aid she didn't lik in about those things. Epstein undi bra and began rubbing her breasts. told him that she didn't like a u e inued. He removed his towel and began masturbating as he continued to touch breasts and vagina; he finally di *tall netrated her. After he ejaculated, Epstein wiped himself off with his towel and tol hat there was $200 on the dresser for her and $100 fo for bringing her. Epstein askedato leave her phone number because he wanted to see her again. advised that she never went back and she stopped talking to Ili he was upset over what happened. 'hone records show three ca s to on 12/18/04, which is consistent with her recollection of the time frame. L. JANE DOE !fa Jane Doe # 7 attended igh Sch ol. She was recruited by to go to Epstein's house when she was 16 years' old. also went to Epstein's house and performed sexual services starting when she was 15. aid to speak to police and the FBI, telling them that she was still in love with Epstein. was compelled via 6001 immunity to provide information. She admitted that she brought around 30 girls to Epstein's house, including Jane Doe #7. says that she considers Epstein to be "the awesomest guy in the world," and she would many him if he asked her. When asked if she ever brought a girl that Epstein did not like, she said: Yeah, once. I made a mistake. I brought a black girl. Not that Jeffrey is a racist. He still paid her, but he wouldn't let her massage him. is too volatile and hostile to be called as a witness for the United States, but her statement is so damaging that Epstein can't use her either. 49 EFTA02857651 =approached Jane Doe #7 in May or June lig was told that she could model lingerie for a wealthy Palm Beach man for money. nd Jane Doe #7 traveled by Yellow Cab from Jane Doe #7's house in West Palm Beach to Epstein's house. They met Epstein outside the house and he took them in to the kitchen where the chef made them something to eat. Epstein and '—led Jane Doe #7 upstairs to the dressing area. Epstein went into the bathroom and came out wearing only a towel. Epstein laid on his s . i i , I and =and Jane Doe #7 be an massaging his legs and feet. Jane Doe #7 asked they were doing this and replied that it was part of the routine. Epstein told to leave and told Jane Doe #7 to get comfortable and take off her clothes. Epstein turned onto his back and started touching her breasts and her vagina (over her panties) while he masturbated. The massage ended when he ejaculated. Epstein told Jane Doe #7 tha was $200 on the dresser for her. One of Epstein's employees was ordered to drive and Jane Doe #7 home, which he did. (A former property m ports driving girls home on several occasions.) Jane Doe #7 reports that she call fter she got home saying that she wanted to report Epstein to the authorities but alked her out of it. Jane Doe #7 returned to Epstein's home 2 or 3 times. The first time that she returned she again stayed in her panties and Epstein touched her while he masturbated. The next time she returned, Epstein told Jane Doe #7 to take all of her clothes off, saying she was here for that reason. Jane Doe #7 complied and Epstein fondled her breasts and vagina while he masturbated. Epstein instructed Jane Doe #7 not to tell anyone what happened during the massages. Epstein had gotten Jane Doe #7's phone number after the first massage and would call to make appointments. Jane Doe #7 started avoidifilicalls. Jane Doe #7 took a Xanax before each meeting with Epstein. It is believed that provided the Xanax, but she denies it. M. JANE DOE #1 Jane Doe # 13 attende High School in by another girl, who will be e su ject o a superseding indictment. She was recruited When Jane Doe # 13 arrived at Epstein's home, her recruiter led her upstairs. When Epstein entered, he asked both of them to remove their tops. Both started massaging his back, then Epstein asked the recruiter to leave. When the recruiter was gone, Epstein asked Jane Doe #13 to remove the rest of her clothes; Jane Doe #13 complied. Epstein told Jane Doe #13 to talk dirty to him, and Epstein masturbated. 50 EFTA02857652 Jane Doe #13 estimates that she went to Epstein's home about 10 times. After the first massage was completed, Epstein asked for her telephone number. Jane Doe #13 wrote the information, down on a notepad bearing Epstein's name. Jane Doe #13 was paid $200 for each massage. She also brought 2 other girls was paid $200 for each girl she brought. Epstein always made the payments. Epstein asked Jane Doe #13 to have sexual intercourse and promised to pay more money if she did. Jane Doe #13 declined. In addition to masturbating himself, Epstein used the back massager/vibrator on Jane Doe #13's vagina. Epstein fondled Jane Doe #13's breasts and buttocks, and digitally penetrated her vagina. Epstein asked Jane Doe #13 how old she was and she said she would be turning 18 in the spring. She told Epstein several times that she was 17, she gave Epstein a school photo and wrote on the back that she couldn't wait to turn 18. Jane Doe #13 and Epstein discussed Jane Doe #13's age. Epstein said he couldn't wait until she turned 18 so they could travel to Paris together and so she could be his personal masseuse. Jane Doe #13 received calls from= ands to set up appointments, usually at least one a day in advance, sometimes the appointments were made before Epstein arrived in Palm Beach. There are records of approximately 40 calls between Jane Doe #13 and IIII, and 6 calls between Jane Doe #13 ands. Doe Jane #13 still had number programmed into her cell phone. Jane Doe #13 came forward after press coverage revealed that Epstein passed a lie detector test saying that he didn't know any girls were under 18. Jane Doe #13 repeated that Epstein knew she was under 18 and also thought that Epstein knew that the recruiter also was 17. Credibility Issue While she was a juvenile, Jane Doe #13 was arrested for marijuana possession and shoplifting. IV. 404(b) EVIDENCE The FBI's investigation has uncovered Epstein's activity with young girls dating back several years. In the early 1990's, Epstein flew a young high school girl to his ranch in New Mexico. Epstein and Ghislaine Maxwell (mentioned above) fondled the girl and encouraged her to engage in additional sexual activity, which she refused. The girl was from a "well-to- do" family who threatened to report Epstein to the authorities. Since that time, Epstein has 51 EFTA02857653 not flown any other underage girls on his plane — it appears that someone counseled him not to do so to avoid getting into legal trouble.' This girl and her family are terrified of speaking up about Epstein. One of them reported to the FBI that Ghislaine Maxwell had told her that she "could just disappear" if she told anyone what happened. When Vanity Fair found out about this and wrote a story about it, the reporter was approached by someone from Epstein's camp and became so fearful for her safety and the safety of her young child that the piece was rewritten to remove all references to any sexual conduct. That reporter has refused to speak to the FBI. Mother woman who worked for Epstein in the early 1990's starting when she was 15 now lives in Australia. Her family (who live in Colorado) and the young woman both expressed fear about talking to the authorities about Epstein and refused to provide any information to the FBI. A woman who worked at Epstein's building in New York several years ago spoke about innumerable underage girls going into Epstein's home to perform "massages." The property managers at Epstein's ranch in New Mexico report that Epstein travels there approximately 40 times each year and on every visit he receives "massages," although they refused to speculate on the ages of the "masseuses." And, as mentioned above, estimates that she brought thirty girls to Epstein's Palm Beach home during the 18 month period that she was in contact with him. V. OTHER ISSUES RAISED BY THE DEFENSE When you review the cover letter from Gerald Lefcourt (Appendix A), you will see that most of the letter is an attack on the police report and probable cause affidavit drafted by Det. from PBPD. Neither document is ideal and his interviews of the girls and other investigative steps had some problems (although did an incredibly in-depth investigation for such a small police department). The defense also has complained repeatedly about the decision of the Palm Beach Police Chief to release information to the press and to complain loudly about State Attorney Barry ICrisher's handling of the case. Giving the information to the press definitely did not help our investigation because it caused some of the girls to clam up, fearing more embarrassment. (It did, however, lead other girls to come forward and tell their stories.) 36For example, Epstein told some of the girls that he "couldn't wait" for her to turn 18 so that he could take them on trips. 52 EFTA02857654 Very early in the investigation, the FBI and I decided to put police report and PC Affidavit to the side and to look at the case with fresh eyes. The facts discussed herein are based upon a personal review of the audiotapes and videotapes of the girls' interviews, the tape of the state grand jury proceedings, follow-up interviews conducted by the FBI, and physical evidence seized during the search of Epstein's home, obtained via trashpulls, and obtained via grand jury subpoenas. CONCLUSION Based on the fore tri a l recommend that the Office approve the attached indictment charging Epstein, , , , JEGE, and Hyperion. I also recommend that the Office refuse a pre -indictment interview to Epstein or his counsel and that no information about the status of the case be shared to keep Epstein from fl eeing from the jurisdiction. 53 EFTA02857655 Memorandum Subject Operation Leap Year: Second Addendum to Prosecution Memorandum USAO No. 2006R01181 September 13, 2007 Atworuktok Zit //00 2 To R. Alexander Acosta United States Attorney Jeffrey Sloman First Assistant U.S. Attorney Deputy Chief, Criminal Division, West Palm Beach Chief Chief, Criminal Section I, Northern Division, WPB From AUSA, Northern Region, WPI3 This memorandum addresses the changes made to the Operation Leap Year indictment package, which incorporate comments from the last review. Some changes are stylistic and others are substantive. For strategic reasons, I would like to present the indictment to the grand jury on Tuesday, September 25. 2007. The first section of this memorandum discusses the stylistic changes and the second section discusses the substantive changes, including the new victims who have been added. [NB: THIS MEMORANDUM WAS AMENDED ON FEBRUARY 19, 2008 TO CORRECT THE NUMBERING OF THE JANE DOE'S IN ACCORDANCE WITH THE THIRD ADDENDUM TO THE PROSECUTION MEMORANDUM! A. Stylistic Changes The biggest stylistic change appears in the overt acts section of Count 1. In the original EFTA02857656 indictment, the overt acts were limited primarily to "dry" yet specific events - telephone calls and airplane flights. The revised version is much more vivid in terms of the sexual acts described, but it is more vague in terms of date allegations because, with few exceptions, the victims cannot provide specific dates of when they traveled to Epstein's home. • I have renumbered the Jane Does so that they are numbered in chronological order based upon the start of their contact with Epstein oral. B. Changes to Parties and Charges A request, I removed the corporate defendants, JEGE, Inc., and Hyperion Air, Inc. I removed the charge related to the transporting for criminal sexual activity (18 U.S.C. § 2421) [former Count 59]. I then revised the "Manner and Means" section of Count 1 to include the following: It was further part of the conspiracy that Defendant JEFFREY EPSTEIN would a minor females to engage in lewd conduct with Defendant to satisfy Defendant JEFFREY EPSTEIN'S prurient interests. I also added overt acts where engaged in sexual activity with one of the victims. In the introductory section, I listed all of the Florida statutes implicated by Epstein's activity. Then, for each substantive count of enticement (18 U.S.C. § 2422(b)), I listed the specific criminal activity that Epstein engaged in with the minor. For those cases where the activity did not fall within some of Florida's narrow language, I referred simply to enticement to engage in "prostitution" to invoke the broader federal usage of that term.' 'As explained in the original prosecution memorandum, there is no federal definition of prostitution, but the Supreme Court has defined the term as "indiscriminate lewdness for hire." 2 EFTA02857657 For the same reason, in Count 1, I list the object of the conspiracy as the enticement of minors to engage in prostitution. The agents and I reviewed the evidenced related to former Counts 17 through 50 (Travel to Engage in Illicit Sexual Conduct: 18 U.S.C. § 2423(b)). Rather than charge every trip where there was telephone contact with girls prior to Epstein's travel to Palm Beach, we have selected four trips where there is substantive evidence that an appointment was made - usually in the form of notes retrieved in trash pulls or notes from message pads. and I conferred with MI MIabout these charges. Despite the arguments of Epstein's counsel, in light of binding Eleventh Circuit precedent, =feels comfortable proceeding on all counts. In consideration of the desire to charge more conservatively, I have removed the majority of thc counts and have limited these charges to the four trips. Charts showing the telephone and travel activity are attached. C. New Victims and Charges Jane Doe 2 Jane Doe # 2 was identified by as the person who brought her to Jeffrey Epstein's house for the first time. JD#2's name also appears on several message pads recovered from JE's home. JD#2 was interviewed at her home in West Palm Beach. JD#2 reported that she was brought to JE's home ba[Jane Doe #1].2 JD#2 was 14 when she was brought to JE's home in 2001. JD#1 told JD#2 that she could make $300 for giving a massage to a man in Palm Beach. JD#1 2 Jane Doc #1 was brought to JE's home by Ghislaine Maxwell after Maxwell met her at Mar a Lago. Jane Doe #1 was 15 at the time of her first contact with JE and remained in contact with him until she was approximately 20 when JE sent her to Thailand to live. Jane Doe #1 now lives in Australia. 3 EFTA02857658 instructed JD/12 to dress sexy and that the man would ask her to take her shirt offbut she could keep her bra on. JD#1 and JD#2 went to Epstein's house and went upstairs together to the bedroom area. Epstein met them and he was wearing a towel. Epstein told JD#2 that she was pretty and asked how old she was. JD#2 began saying fourteen, then stopped and said seventeen. Epstein said, "So, you're really fourteen. Don't worry we won't tell anyone." JD#2 and JD#1 both started massaging Epstein while he was lying face down. After some time, Epstein instructed JD#2 to take off her shirt and pants, which she did, remaining only in her bra and panties. JD#1 completely undressed. JD#2 sat on the couch while Epstein and JD/11 engaged in sexual intercourse directly in front ofJD#2, and looked at JD#2 while they were having sex. Epstein paid $300 to JD#2 at the end of the session, and ask for her cell phone number. Several more massages were scheduled via ]. On JD#2's second visit, she was led upstairs by_, who placed towels on the massage table. JD#2 undressed to her underwear. Epstein entered; JD/12 massaged him; and when he turned onto his back, Epstein began masturbating and fondling JD#2's Epstein again paid her $300. JD#2 estimates that she went to Epstein's home more than 100 times during the three years she was involved with him. would call from New York to arrange appointments, which usually occurred in the evening. JD#2 stated that after some time she began performing the massages totally nude. On two occasions JD#2 was paid $400 when she pinched Epstein's nipples while he masturbated. JD#2 stated that Epstein always ejaculated and described his penis as unusual because his urethra was on the side of the penis instead of at the tip. On one occasion, Epstein introduced another female into the session. Epstein had sexual 4 EFTA02857659 intercourse with the other female while that other female performed oral sex on JD#2. [NB: We believe that this was probably but cannot be certain.] JD#2 believes this occurred while she was still 14. Epstein regularly fondled JD#2's breasts. On two occasions he tried to touch her vagina and he tried to use a massager on her vagina, but JD#2 refused. After that Epstein reduced her payments from $300 to $200 per session. JD#2 became so nervous about Epstein's advances that she started taking Xanax before the sessions. Because of JD#2's unwillingness to engage in more sexual activity, Epstein asked her to bring friends who might be interested, especially younger friends. Epstein paid JD#2 $100 for each friend she brought. JD#2 received gifts from Epstein, including Victoria's Secret bras and panties, massage oils and Massage for Dummies. [JD#2 still had the book and gave it to the agents.] Epstein also gave JD#2 two concert tickets and asked her to fly to Paris with him on a business trip. JD#2 brought her best friend who performed several massages. is the person who actually brought-.. to Epstein's house.] On one occasion when JD#2 was approximately 16, called JD#2 and told her that Epstein wanted to photograph her. JD#2 went to Epstein's house and took several nude photos of JD#2 at various places in Epstein's home and by the pool. used a digital camera and paid J D#2 $500 for posing. also told JD112 that Epstein takes pictures of the girls. JD#2 noted that Epstein had many laptop computers. JD#2 stopped going to Epstein's house in June 2003 after she had gotten pregnant and moved away. JD#2 went back a few times in spring/summer 2004 after the birth of her child, but stopped going to Epstein's home before her 18i° birthday. We have not yet been able to get JD#2's telephone records and records only go back 5 EFTA02857660 to 2004. There are four messages recovered from message pads, but some refer to JD#2's "recruiting" work rather than her own sexual activity. Accordingly, until we get JD#2's telephone records, I am unwilling to charge a substantive 2422(b) count related to JD#2 (because of the difficulty of proving the use of a facility of interstate commerce to induce the prostitution.) There is sufficient evidence to prove a substantive 1591(a)(1) offense related to JD#2 because of the evidence of Epstein's travel, which affects interstate commerce, Epstein's knowledge ofJD#2's age, and the existence of commercial sex acts. Jane oe #3 Jane Doe #3 was brought to Epstein's home by Jane Doe #2 when JD#3 was 15 years' old. JD#3 met JD#2 at a party, and JD#2 told JD#3 and that they could make money providing massages to Epstein. JD#2 and JD#3 went to Epstein's home by taxi. JD#2 took JD#3 upstairs, Epstein entered wearing only a robe. Epstein removed the robe and lay face down. JD#2 and JD#3 undressed to their underwear. Both started massaging Epstein's back and he asked JD#2 to leave. Epstein turned over and began masturbating, but he did not touch JD#3. JD#3 told Epstein that she had just turned 18 (although she was really 15). Epstein paid JD#3 $200 for that first massage and then had her dropped off at a Shell gas station near Okeechobee Blvd. and the Turnpike. Prior to leaving Epstein's house, JD#3 gave her telephone number to one of Epstein's assistants. JD#3 said that would usually call to ask if JD#3 was available or if she had other girls that she could bring. usually called before they traveled to Palm Beach. JD#3 estimates that she went to Epstein's house over 25 times from 2003 to 2004 and provided about 10 to 15 massages. At first Epstein masturbated and fondled JD#3's breasts, but he became more and more sexually aggressive. EFTA02857661 Epstein instructed JD#3 to pinch his nipples. On one occasion, Epstein brought another female into the room (believed to Epstein instructed JD#3 to straddle the female and touch the female's breasts. At the same time, Epstein used a vibrator on the female until the female climaxed. Epstein paid $200 for all the massages (including the one that involved the other female). On one occasion, Epstein used the massaging device on JD#3 and on other occasion he touched her vagina. JD#3 stated that Epstein tried to hide his penis from JD#3 while he masturbated. Although JD#3 started going to Epstein's home in mid-2003, we only have phone records from 2005 (we have located an older cell phone number for JD#3 and have subpoenaed those records). From January 2005 to October 2, 2005, JD#3 received 21 calls from and made 11 calls to=. Based upon the telephone activity, I have charged a violation of Section 2422(b). I have not charged a violation of 1591(a) because I don't believe we have adequate evidence of willful blindness of JD#3's true age. NB: In an interview following preparation of this memorandum,JD#3 was asked about the girls that she recruited. JD#3 explained that she tried to bring Epstein girls who worked with her at a strip club who were adults. Epstein rejected the adult females, not even taking them upstairs for a massage. JD#3 says that Epstein stated that "he did not care for" those older girls. This is interesting because Epstein apparently used the same words when he rejected a 22-year-old brought by JD#3 says that Epstein rejected the adult females but accepted the underage girls whom she brought. JD#3 also stated that Epstein would call her over and over asking for "new girls." When she wasn't able to provide new girls, Epstein would become so frustrated that he would hang up on her. 7 EFTA02857662 Jan D e 12 Jane Doe #12 met Jeffrey Epstein during her junior year at High School; when JD#12 was 17 years' old. JD#12 was recruited by... Mip told JD#12 that she could make $200 for performing a massage in her underwear. MB took JD#12 to Epstein's home and led JD#12 up to the bedroom. left before Epstein entered. Epstein entered wearing a towel and laid face down. JD#12 performed the massage in her bra and panties. When Epstein turned over he began to masturbate. JD#12 became uncomfortable and ended the massage. Epstein asked JD#12 if she had "any friends that would do this?" and that she could make money recruiting. JD#12 was paid $200 - the money had been placed on the table before the massage started. Epstein told JD#12 to leave her phone number. JD#12 left her number with who said they would be back in 3 weeks and she iJ would call JD#12. On JD#12's second visit, she brought Jane Doe #13. They went upstairs together and Epstein entered wearing a bathrobe. The girls undressed to their underwear and started massaging Epstein's back. At some point JD#12 left, leaving JD#13 alone with Epstein. After some time, JD#13 came back downstairs with $200 for herself and $200 for JD#12. On the third visit, JD#I2 went alone and massaged Epstein wearing only her panties. Epstein said, "God, you're so sexy." When Epstein turned over he tried to place the back massager on JD#12's vagina but JD#12 pulled away. Epstein the digitally penetrated JD#12's vagina. Epstein also took JD#12's hand and forced her to touch his penis, which JD#12 describes as "little." J11112 was paid $300 on that occasion. On another occasion, Epstein had JD#12 straddle him while he masturbated and he again 8 EFTA02857663 digitally penetrated her vagina. During one conversation Epstein told JD#12 that he paid $600 to a girl to allow him to perform anal sex. JD#12 told Epstein that she was 17 and still in high school. Epstein told JD#12 that he would take her to Los Angeles when she turned 18, and would get her a place to stay. During the nine-month period of August 19, 2004 through May 30, 2005, JD#12 received approximately 13 calls from cell phone and 11 calls from the Epstein residence. JD#12 also placed 14 calls tal cell phone and 20 calls to Epstein's residence. Based upon the documented telephone activity, knowledge of age, and sexual activity, I have charged substantive 2422(b) and 1591(a)(1) counts related to ID#12. [Removed from Indictment — See Third Addenduml was recruited ba to travel to Epstein's home to provide a massage. She went to Epstein's home in 2004, after she had turned 16nouato Epstein's house and brought her upstairs to Epstein's bedroomflhen left and Epstein entered. lillipbegan massaging Epstein, when he turned onto his back, he began masturbating, and tried to reach down the pants ofa He was unable to do so, because her jeans were so tight. Epstein then reached under short t-shirt to fondle her breasts. When he climaxed, the session ended. Epstein paid botl and M$200 each. n ever performed another "massage" for Epstein, but she did recruit two other girls. One has not yet been interviewed, and the other iaho was discussed in the original Pros Memo. BecausMerformed only one massage and remained fully clothed, I have not charged 9 EFTA02857664 any substantive offenses related to her, but I have included overt acts related to her massage and her recruiting telephone calls with... Removed from Indictment — See Third Addenduml was recruited by a to go to Epstein's home in early 2005, while she was 16 years' old.MoldMI that Epstein might try to touch her during the massage, but she could say ncalso tolda that Epstein would probably masturbate during the massage and instructathat, if Epstein asked how old she was, she should say she was 18. diM reports that Epstein never asked her age.arove the two of them to Epstein's house and= laupstairs. I. set up the massage table and left. Epstein began the massage facing downwards. When he turned over, he started to masturbate and repeatedly tried to touch s bottom and breasts. AfteaM pulled away several times, Epstein became frustrated, threw $200 or $300 on the massage table and left. Epstein tolaot to bringM aback. A few months late needed money and agreed to return to Epstein's house. The same events occurred. led her upstairs. Epstein began the massage facing downwards and then turned over and began masturbating. Epstein again tried to touch's breasts and bottom and whoa.. refused, he ended the massage, paid $200 and left. never was asked to return. Based upon these events, I have only alleged overt acts related to and no substantive charges. Ma's story is important because it makes clear that Epstein was not interested in pure "massages," and the acts with the other girls were not just massages that got out 10 EFTA02857665 of hand. If a girl was uninterested in sexual contact, she was not invited back. NOTE: I have attached the first pros memo, which contains all of the information regarding the other girls. The only revisions are amending the Jane Doe numbers associated with each girl. 11 EFTA02857666 Memorandum Subject Third Supplement to Prosecution Memorandum: Operation Lciap Year: United States v. Jeffrey Epstein. et al. Date 2/19/08 To: From: Robert Senior, Chief, Criminal Division Deputy Chief, Criminal Division , Chief, Northern Region cc: INTRODUCTION This third supplement summarizes the changes to the indictment and prosecution memo since the fi rst presentation in May 2007. The most significant changes are the exclusion of some victims and the inclusion of newly discovered victims. The order of the indictment also has been changed. For the reasons set forth below, a number of girls who were originally considered for the indictment are being excluded at this time. Some may be re -added, but, for strategic reasons, I believe that this indictment should focus on victims who are unknown to Epstein's counsel. Of the nineteen victims listed in this indictment, eleven were not part of the State investigation. Only one of the girls who testified in the state grand jury is included in our list. We believe that approximately eight of these girls are unknown to the defense. I. VICTIMS DELETED FROM THIS INDICTMENT A. Persons Recruited and I have discussed the possibility of removing and her recruits entirely from the indictment because of the amount ofpress coverage th at as received over her statement to police that she was ' 'as been very unwilling to speak to us and, even after assurances that she would be treated as a victim, she insisted on full immunity before she would meet. Excluding removes uch of the ammunition about Detective and alleged misrepresentations of EFTA02857667 statements toM.Mialso was the person who instructed the girls to say they were 18. The evidence related to girls outside her group about knowledge of age is stronger and will weaken their defense that Epstein had a rule that all of the girls had to be over 18. By easier to introduce iscussions between and the other defendants and removin nd treating her as an unindicted co-conspirator, we also kina al i S statements to others under the co-conspirator exception to the hearsay rule. Applying this approach would result in the potential removal of seven victims BM plus six others). I have removed six for the following reasons: First, I hav as 14 years' old when she was brought to n's home by one of the Epstein's main recruiters. At I.nstruction, lied to Epstein about her age -telling him that she was an eighteen -year -o d senior at igh School. In her statements to the Palm Beach Police Department and the state gran juryalladmitted E stein masturbated in her presence and placed a massager/vibrator on her vagina. In tatement to imme after leaving Epstein's home, and in her statement to the FBI and AUSA l dmitted that Epstein digitally penetrated her. Epstein's criminal activity came to light when_ er learned of a fi ght betweenand a friend at school over $300 cash found in ooperated with the Palm Beach Police and made recorded telephone calls with'to set up a second "massage" with Epstein. Handwritten notes were found in Epstein's trash confirming this second meeting. I. Despite all of this corroborating evidence s not being included (for now, at least) because her father, and stepmother have fil a civil suit against Epstein seeking "in excess of 50 million dollars." s represented by Jeff Herman. IMIllfather also has been in frequent contact with the journalist at "Vanity Fair" magazine, and, as mentioned in the original pros memo, he has a prior federal fraud conviction. After the suit was filed,IIIIMInother fi led a motion to intervene and to stay the proceedings until turns 18. In her affidavit, other avers thand her father have been estrange for several months, and that either knew nor a roved of the fi ling of the lawsuit. If Illanother is correct, we may decide to ado nto a superseding indictment, but for now the safer course is to exclude allegations b related to her.' ' We are monitoring the status of the litigation and intend to subpoena transcripts of relevant depositions. There also is a possibility that Epstein's attorneys have violated federal law by distributing to the press identifying information about a child sex abuse victim and by harassing that 2 EFTA02857668 ere brought by nd their a ointments were made between a erform one massage and rformed two. For both girls, Eps d tried to touch them but they refused. Wi ■ Epstein became upset that she wouldn't engage in more sexual activity and he to not to bring her back. Because of the highly probative nature of this testimony related to Epstein's intent (i.e., no sex/no money), I believe tha testimony will be admitted under Rule 404(b). has been identified as the plaintiff in the second civil lawsuit filed against Epstein y Je erman. She was 16i se sold when she first went to Epstein's home and was recruited b , one of friends. my went to Epstein's home once, never to pstein her age, and was ne directly by any of the defendants. contribution to the indictment is outweighed by the presence of the civil suit, so removed. Ws another girl whom W s S recruited. as 16 when she first went to ' Epstein ome. She has admitted toproviding massages an that Epstein touched her breast and attempted to touch her va na. enies any additional sexual activity. recruited one other gir whe as 17. in Venezuela an . not responded to efforts o con ct her. e concern with s that she will never coma MI and'. more than 60 times. Yenf i lliat she admit to the sexual activi that occurred. Phone reco s show tha poke with never provided massages fully nude and Epstein never digitally penetrated her, touched her vagina, or used the massager/vibrator on her. From all of the evidence, it is highly unlikely that Epstein would have alloweao return so without increasing the level fa of sexual activity. As one of the other girls reported putation at school was that she "was a virgin the day she graduated." I believe that it will be too difficult for her to give up that persona and admit to everything that happened. will still remain as a witness, because she can corroborate many of the statements made b • ften drove o Epstein's home and she knew that Epstein gave a vi nd that Eps in o ered to take o New York and to his island. knew o oa er gifts given to.. including Victoria's Secret lingerie, birthday owers, and a rental car. victim. A motion ma be filed before Judge Marra on the issue of inappropriate contact with and harassment o 3 EFTA02857669 The onealltecruit whom I have kept in the indictment is=M She is niversi The documentary evidence s strong — numerous message pa s, me u ing onsaying tha will be latebecause of soccer practice, car rental records, 156 calls with, ca s with MU 13 calls to Epstein's house, and 20 calls to Epstein's Palm Beach property manager. Epstein also gave =a vibrator and li ngerie for her 18th birthday. B. Although I never intended to use n. as a witness, I did refer to her as one of the Jane Does in the indictment in connection with a massage that she gave together with can testify as an eyewitness.) In light of the outcry from Epstein's attorneys at does not consider herself a victim, I have used her initials instead. II. VICTIMS ADDED TO THIS INDICTMENT A. (Jane Doe #4). Jane Doe #6) (Jane Doe #5). and Jane Does #4 and #5 traveled to Epstein's home together while they were students at igh School. Both had heard at the school that you could g et y for .n kslijpstein. When they arrived at Epstein's home, they were met by , who took them on a tour of the house before leading them to Epstein's bedroom. Both sat on the couch until Epstein arrived. He arrived shortly thereafter and took a shower. Before he stepped into the shower, Epstein told the girls to get undressed. Jane Doe #4 removed her top and pants; Jane Doe #5 only removed her top. After the girls massaged his back and legs, Epstein turned over and began masturbating. Epstein tried to reach down Jane Doe #5's pants, and she backed away. Epstein then instructed Jane Doe #4 to play with his nipples while he masturbated. After he ejaculated, Epstein told the girls to get dressed. He paid each girl $200. Afterwards, attempted to contact Jane Doe #5 multiple times to set up appointments, but she refused. Jane Doe #4 returned, and on her second visit she massaged Epstein alone while wearing only her panties. When he began masturbating, Epstein placed Jane Doe #4 on the massage table, pushed her underwear to one side, and stroked her vagina. He also fondled her breasts. Jane Doe #4 received another $200. At some point during her visits, Epstein asked Jane Doe #4 how old she was, and she told him her true age (17). 4 EFTA02857670 Jane Doe #4 recruited Jane Doe #6. On one occasion in the Spring of Jane Doe #6's junior year, when Jane Doe #6 was 16 years old, she and Jane Doe #4 went to Epstein's house together. Epstein asked Jane Doe #6 what high school she went to and Jane Doe #6 answered Palm Beach Central High School. Jane Doe #4 took Jane Doe #6 upstairs and told her to remove her clothing. Both girls were wearing only their panties when Epstein entered. Epstein laid down and both girls began massaging him. Epstein then asked Jane Doe #4 to leave. After she left, Epstein began masturbating and grabbing Jane Doe #6, touching her all over. When Jane Doe #6 pulled away, Epstein would grab her and pull her closer. Epstein both digitally penetrated Jane Doe #6 and placed the vibrator/massager on her vagina. Jane Doe #6 was paid $200, but cannot remember who handed the money to her. Jane Doe #6 never returned, but Jane Doe #4 went a few more times. Jane Doe #4 explained that would always call to set up the appointments. Jane Does #4, #5, and #6 are all referenced in the overt acts section of the indictment. The only telephone contact initiated by Epstein's group that resulted in sexual conduct was between Jane Doe #4 and ME, so Jane Doe #4 is the subject of one of the substantive enticement counts. Also, because Jane Doe #4 told Epstein her true age, I have added a substantive sex trafficking charge related to Jane Doe #4. B. Jane Doe #81 Jane Doe #8 was recruited bye in approximately July 2004, when Jane Doe #8 was 17. told Jane Doe #8 that she knew a "filthy rich guy" who would pay girls $200 to $300 for giving a massage. took Jane Doe #8 to Epstein's home in a taxi. Epstein took a shower before starting the massage and instructed Jane Doe #8 to remove her shirt. Epstein began masturbating and rubbed Jane Doe #8's vagina over her panties before pushing the underwear aside to stroke her vagina. Epstein told Jane Doe #8, "this is normal nothing's wrong." Epstein paid Jane Doe #8 $200 to $300. During the ride home, ME told Jane Doe #8 that she had been paid and said, "if you bring someone, you'll get $200." called about a week later invilas Jane Doe #8 to return and telling her that Epstein would pay if she brought a friend. IIIMI called Jane Doe #8 eight or nine times. Jane Doe #81fitold that she moved out of state to stop her from calling. According to phone records, called Jane Doe #8 four times in one day when Epstein was in town. Jane Doe #8 is referenced in the overt acts section of the indictment and in one of the 5 EFTA02857671 substantive counts of travel in interstate commerce to engage in illicit sexual activity. C. Jane Doe #11) Jane Doe #11 is the first fully-identified New York high school girl. She only provided one massage, but became a recruiter for Epstein. Jane Doe #11 first went to Epstein's home towards the end of her junior year, when she was seventeen years old. After that first massage, Epstein told Jane Doe #11 that he would pay her to bring more girls. Jane Doe #11 implicates two other Epstein assistants — Lesley Groff and M. We had anticipated that Groff would be a witness, not a target. When the agents went to Groff's house to interview her, she went upstairs, claiming she needed to change her bab er. While u stairs, she called Epstein, causing Epstein to re-route his flight to take and back to his The we scheduled to fly to New Jersey, where the agents had planned to serve and with target letters.) After this meeting with Groff, Epstein's team began negotiating in earnest to end this investigation. FBI New York agents are interviewing several girls identified by Jane Doe #11. At this time, we do not have Lesley Groff's phone records, so we do not have sufficient evidence to charge her. She is referred to by her initials in the indictment, and we will hopefully be ready to charge her when we supersede the indictment. Jane Doe #11 is referenced in the overt acts but is not part of any substantive counts. D. (Jane Doe #18) and (Jane Doe #191 Jane Doe #18 was recruited by her brother's friend, Tony Fi eroa referred to in indictment as O."). Figueroa also was the former boyfriend ane Doe #1). Figueroa recruited several girls to Epstein's home includin Jane Doe #18 attended High School wien runs. Jane Doe #18 knew tha nd the other girls were going to Epstein s ouse, but they did not know about Jane Doe #18. Figueroa told Jane Doe #18 that she would receive $200 for providing a massage and that she should tell Epstein that she was 18, if he asked. (Epstein never asked.) Figueroa drove Jane Doe #18 to Epstein's house. Jane Doe #18 describes a similar pattern of activity as that faced by the other victims, with Epstein pushing for more clothes to be removed and more sexual activity with each visit. On her second-to-last visit, Epstein walked Jane Doe 6 EFTA02857672 #18 over to a couch, forcibly pushed her panties aside, and digitally penetrated her, without her consent. Jane Doe #18 is still traumatized by this event. She reports that she went through a period of using drugs, but now she is clean and is studying to be a nurse. Jane Doe #18 is only about fi ve feet tall and looks barely eighteen now. She is very concerned about her family finding out about what happened to her, but she is strongly committed to Epstein's prosecution. What seems most devastating to Jane Doe #18 is that she returned to Epstein's house after the forcible digital penetration and brought her friend, Jane Doe #19. Jane Doe #19 massaged Epstein's back and legs. When he turned over, Epstein asked Jane Doe #19 to remove her shirt. She refused and he became upset and ended the massage. Epstein then sent for Jane Doe #18 and reprimanded her for not telling Jane Doe #19 that she would have to perform the massage topless. When Jane Does #18 and #19 left, they called the Police Department, who referred them to the Palm Beach Police. Jane Does #18 and #19 spoke with someone there and reported what happened. After much searching, the Palm Beach Police Department was able to locate a report of this call. The report contains Epstein's name and address and the names of both girls and describes Epstein as paying $200 for a massage. The girls complained that Epstein insisted that they take off their tops and pants, even though he knew that they were 17. The date of the report is March 5, 2004, less than two weeks after Jane Doe #18's eighteenth birthday, and when Jane Doe #19 was seventeen years old. [NB: The police report describes a pattern of activity, including dates when Jane Doe #18 was seventeen years old.] Neither Jane Doe #18 nor #19 ever returned to Epstein's home. Although we have not yet obtained Jane Doe #18's telephone records, we were able to identify her telephone number, and there are twenty telephone calls that appear on phone records. All of those calls were outgoing (meaning called Jane Doe #18.) The telephone calls range in date from August 27, 2003 through March 3, 2004. The phone number is the same one that Jane Doe #18 provided to the Palm Beach Police Department when she made the report against Epstein. never again called Jane Doe #18 after JD#18 made the report to the Palm Beach Police Department. Both Jane Doe #18 and Jane Doe #19 appear in the overt acts portion of the Indictment. In addition, a count of use of the telephone to entice Jane Doe 18 to engage in prostitution has been added. There was no direct telephone contact between and Jane Doe #19, so a substantive count has not been added related to her. 7 EFTA02857673 HI. OTHER CHANGES TO INDICTMENT The overt acts are now organized by victim, or if a group of victims are related, then by group, followed by a separate listing of Epstein's travel to Palm Beach. This should make the indictment much easier to follow. I also have selected telephone calls that are more closely linked to the dates of the sexual activity rather than focusing exclusively on calls near fl ights. The number of overt acts has not significantly decreased for the following reason. First, as an initial filing, the included overt acts provide a complete picture of Epstein's behavior. The Grand Jury's determination that there is probable cause to believe that all of the acts were committed should help persuade the Magistrate Judge and the District Judge that Epstein is a danger to the community and that the evidence against Epstein is strong. Second, there are cases that suggest that, when a certain number of overt acts are charged in a conspiracy count, but the Government seeks to introduce a large number of uncharged overt acts, those uncharged acts can serve as a variance from/amendment to the Indictment. One of those cases was argued by Gerald Lefcourt — one of Epstein's attorneys. For those reasons, I have kept most of the overt acts from the original indictment (excluding those related to the Jane Does who have been dropped from the indictment) and have added acts related to the new Jane Does. I still plan to supersede the indictment with information about additional Jane Does from New York or elsewhere and with potential money laundering counts and computer-related counts when those phases of the investigation are completed. At the time I supersede, the overt acts can be reduced. The counts have been reorganized based upon discussions with from the Child Exploitation Section. She believes that our strongest counts are the child sex trafficking violations (18 U.S.C. § 1591). I have moved those counts forward in the indictment. EFTA02857674 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No: 18 U.S.C. § 371 18 U.S.C. § 1591(a)(1) 18 U.S.C. § 1591(a)(2) 18 U.S.C. § 2422(b) 18 U.S.C. § 2423(e) 18 U.S.C. § 2423(d) 18 U.S.C. § 2423(b) UNITED STATES OF AMERICA vs. JEFFREY EPSTEIN, and , Defendants. INDICTMENT The Grand Jury charges that: )BACKGROUND At all times relevant to this Indictment: 1. Defendant JEFFREY EPSTEIN employed defendants a/k/a M.," and among other things, services as personal assistants. to perform, EFTA02857675 2. Defendant JEFFREY EPSTEIN employed L.G. to perform, among other things, services as a personal assistant. 3. Defendants JEFFREY EPSTEIN andialal and . to perform, among other things, recruiting services. 4. Defendant JEFFREY EPSTEIN owned a property located at 358 El Brillo Way, Palm Beach, Florida, in the Southern District of Florida (hereinafter referred to as "358 El Brillo Way"). 5. Defendant JEFFREY EPSTEIN owned a property located at 9 East 71st Street, New York, New York (hereinafter referred to as "the New York residence"). 6. Defendant JEFFREY EPSTEIN was the principal owner of JEGE, INC., a Delaware corporation. JEGE, INC.'s sole business activities related to the operation and ownership of a Boeing 727-31 aircraft bearing tail number N908JE. 7. Defendant JEFFREY EPSTEIN served as president, sole director, and sole shareholder of JEGE, INC., and had the power to direct all of its operations. 8. Defendant JEFFREY EPSTEIN was the principal owner of Hyperion Air, Inc., a Delaware corporation. Hyperion Air, Inc.'s sole business activities related to the operation and ownership of a Gulfstream G -1159B aircraft bearing tail number N909JE. • 9. Defendant JEFFREY EPSTEIN served as president, sole director, and sole shareholder of Hyperion Air, Inc., and had the power to direct all of its operations. 2 EFTA02857676 10. Pursuant to 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." For purposes of "this section, `sexual activity' means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose." Florida Statutes Section 794.021 states that "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." 11. Pursuant to 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. 12. Pursuant to 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 EFTA02857677 13. Pursuant to 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. 14. Pursuant to 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]." 15. Pursuant to Florida Statutes Section 800.04(3), "Mlle 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]." 16. Pursuant to Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." 17. Defendant JEFFREY EPSTEIN was over the age of 24 and did not have any medical license. 4 EFTA02857678 18. During the period of her involvement with the Defendants, Jane Doe #4 attendedagh School an High School in Palm Beach County. 19. During the period of her involvement with the Defendants, Jane Doe #5 attendeclaHigh School in Palm Beach County. 20. During the period of their involvement with the Defendants, Jane Does # 6, 8 and 12 attendedi==ligh School in Palm Beach County. 21. During the period of her involvement with the Defendants, Jane Doe #7 attended High School in Palm Beach County. 22. During the periods of their involvement with the Defendants, Jane Does # 9, 14, 15, 16, 17, 18, and 19 attendecfM=High School in Palm Beach County. 23. During the period of her involvement with the Defendants, Jane Doe #10 attendedla High School in Palm Beach County. 24. During the period of her involvement with the Defendants, Jane Doe #11 attended a public high school, located in New York, New York. 25. During the period of her involvement with the Defendants, Jane Doe #13 attended High School in Palm Beach County. 5 EFTA02857679 COUNT 1 (Conspiracy: 18 U.S.C. § 371) 26. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 27. From at least as early as 2001, the exact date being unknown to the Grand Jury, through in or around October 2005, in Palm Beach County, in the Southern District of Florida, and elsewhere, the Defendants, JEFFREY EPSTEIN, Na ha& and did knowingly and willfully combine, conspire, confederate and agree with each other and with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, and entice individuals who had not attained the age of 18 years to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b). Purpose and Object of the Conspiracy 28. It was the purpose and object of the conspiracy to procure females under the age of 18 to travel to 358 El Brillo Way and the New York residence so that JEFFREY EPSTEIN could, in exchange for money, engage in lewd conduct with those minor females in order to satisfy JEFFREY EPSTEIN's prurient interests. 6 EFTA02857680 Manner and Means 29. The manner and means by which the Defendants and other participants sought to accomplish the purpose and object of the conspiracy included the following: (a) It was part of the conspiracy that Defendants dida and other participants would contact minor females via the use of cellular and other telephones to arrange appointments for minor females to travel to 358 El Brillo Way and the New York residence to allow Defendant JEFFREY EPSTEIN to engage in lewd conduct with them. (b) It was further a part of the conspiracy that Defendants JEFFREY EPSTEIN, , and ailcia , and other participants would make payments to, or cause payments to be made to, minor females in exchange for engaging in lewd conduct. (c) It was further a part of the conspiracy that Defendants JEFFREY EPSTEIN, , anda =II," and other participants would ask females to recruit other minor females to engage in lewd conduct with Defendant JEFFREY EPSTEIN. (d) It was further a part of the conspiracy that Defendants JEFFREY EPSTEIN, a/k/a Ma," and other participants would make payments to, or cause payments to be made to, the recruiters for EFTA02857681 bringing additional minor females to 358 El Brillo Way and the New York residence to engage in lewd conduct with Defendant JEFFREY EPSTEIN. (e) It was further a part of the conspiracy that Defendant JEFFREY EPSTEIN would pay minor females to engage in lewd conduct with Defendant IMM. to satisfy Defendant JEFFREY EPSTEIN's prurient interests. Overt Acts 30. In furtherance of this conspiracy and to effect the objects thereof, there was committed by at least one of the co-conspirators herein, at least one of the following overt acts, among others, in the Southern District of Florida, and elsewhere: Jane Does #1 and #2 (1) In or around the beginning of 2001, Defendant JEFFREY EPSTEIN engaged in sexual activity with Jane Doe #1, who was then a seventeen-year -old girl, in the presence of Jane Doe #2, who was then a fourteen -year -old girl. (2) In or around 2001, Defendant led Jane Doe #2 from the kitchen of 358 El Brillo Way upstairs to Defendant JEFFREY EPSTEIN's bedroom at 358 El Brillo Way. (3) In or around 2001, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #2, who was then a fourteen-year -old girl. (4) In or around 2001, Defendant JEFFREY EPSTEIN asked Jane Doe #2, who was then fourteen years' old, to pinch his nipples while he masturbated. 8 EFTA02857682 (5) In or around 2001, Defendant JEFFREY EPSTEIN made a payment of $300 to Jane Doe #2. (6) In or around 2001, Defendan placed a telephone call to a telephone used by Jane Doe #2 to make an appointment for Jane Doe #2 to travel to 358 El Brillo Way. (7) In or around 2001, JEFFREY EPSTEIN engaged in sexual intercourse with an unidentified female in the presence of Jane Doe #2, who was then a fourteen- year-old girl. (8) In or around 2001, Defendant JEFFREY EPSTEIN paid $300 to Jane Doe #2, who was then a fourteen-year-old girl, for allowing an unidentified female to perform oral sex on Jane Doe #2 in EPSTEIN's presence. (9) On or about March 11, 2003, an employee of Defendant JEFFREY EPSTEIN prepared a written telephone message for Defendant JEFFREY EPSTEIN's review regarding a telephone call received from Jane Doe #2. (10) In or around 2003, Defendant JEFFREY EPSTEIN asked Jane Doe #2 if she had any younger friends who would be interested in engaging in similar activities with him. (11) In or around 2003, Defendant took nude photographs of Jane Doe #2, who was then a sixteen-year-old girl. 9 EFTA02857683 (12) In or around 2003, Defendant made a payment of $500 to Jane Doe #2 in exchange for posing for nude photographs. (13) In or around 2003, Defendant told Jane Doe #2 that Defendant JEFFREY EPSTEIN had asked_ to take nude photographs of Jane Doe #2. (14) In or around 2003, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #2, who was then a sixteen-year -old girl. (15) In or around 2003, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #2, who was then a sixteen -year-old girl. (16) In or around 2003, Defendant placed a telephone call to a telephone used by Jane Doe #2 to make an appointment for Jane Doe #2 to travel to 358 El Brillo Way. (17) On or about April 23, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #2. (18) On or about May 2, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #2. Jane Doe #3 (19) In or around 2003, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #3, who was then a fifteen-year -old girl. 10 EFTA02857684 (20) In or around 2003, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #3. (21) On or about October 26, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #3. (22) On or about October 30, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #3. (23) In or around 2004, Defendant JEFFREY EPSTEIN directed Jane Doe #3, who was then a sixteen- or seventeen-year -old girl, to straddle an adult female and to touch the adult female's breasts. (24) In or around 2004, Defendant JEFFREY EPSTEIN placed a massaging device on the vagina of an adult female in the presence of Jane Doe #3, who was then a sixteen- or seventeen-year -old girl. (25) In or around 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #3. (26) In or around 2004, Defendant JEFFREY EPSTEIN instructed Jane Doe #3 to rub his nipples. (27) In or around 2004, Defendant JEFFREY EPSTEIN placed a massaging device on the vagina of Jane Doe #3, who was then a sixteen- or seventeen -year -old girl. 11 EFTA02857685 (28) In or around 2004, Defendant JEFFREY EPSTEIN asked Jane Doe #3 to recruit additional females to come to 358 El Brillo Way. (29) On or about November 8, 2004, one of Defendant JEFFREY EPSTEIN's employees prepared a written telephone message for Defendant JEFFREY EPSTEIN's review regarding a telephone call received from Jane Doe #3 that read: "I have a female for him." (30) On or about January 14, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #3. (31) On or about January 29, 2005, one of Defendant JEFFREY EPSTEIN's employees prepared a written telephone message for Defendant JEFFREY EPSTEIN's review regarding a telephone call received from Jane Doe #3 that read: "I have a female for him." Jane Does #4. #5. and #6 (32) In or around the fi rst half of 2004, Defendant led Jane Doe #4 and Jane Doe #5 to Defendant JEFFREY EPSTEIN's bedroom at 358 El Brillo Way. (33) In or around the fi rst half of 2004, Defendant JEFFREY EPSTEIN asked Jane Doe #4 about her age, and Jane Doe #4 responded with her true age. 12 EFTA02857686 (34) In or around the first half of 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #4, who was then a seventeen-year-old-girl, and Jane Doe #5, who was then a seventeen-year-old girl. (35) In or around the first half of 2004, Defendant JEFFREY EPSTEIN instructed Jane Doe #4, who was then a seventeen-year-old girl, to play with his nipples. (36) In or around the first half of 2004, Defendant JEFFREY EPSTEIN instructed Jane Doe #4, who was then a seventeen-year-old girl, to remove her clothing. (37) In or around the first half of 2004, Defendant JEFFREY EPSTEIN stroked the vagina of Jane Doe #4, who was then a seventeen-year-old girl. (38) In or around the first half of 2004, Defendant JEFFREY EPSTEIN paid $200 to Jane Doe #4. (39) In or around the first half of 2004, Defendant JEFFREY EPSTEIN paid $200 to Jane Doe #5. (40) In or around the first half of 2004, Defendant JEFFREY EPSTEIN asked Jane Doe #6 what high school she attended. (41) In or around the first half of 2004, Defendant JEFFREY EPSTEIN instructed Jane Doe #4 to leave so that Jane Doe #6 could massage him alone. 13 EFTA02857687 (42) In or around the first half of 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #6, who was then a sixteen -year -old girl. (43) In or around the first half of 2004, Defendant JEFFREY EPSTEIN digitally penetrated Jane Doe #6, who was then a sixteen -year -old girl. (44) In or around the fi rst half of 2004, Defendant JEFFREY EPSTEIN placed a large vibrating massager on the vagina of Jane Doe #6, who was then a sixteen -year -old girl. (45) In or around the first half of 2004, Defendant JEFFREY EPSTEIN caused a payment of $200 to be paid to Jane Doe #6. Jane Does #7 and #8 (46) In or around July 2004, Defendant JEFFREY EPSTEIN led ., who was then a fifteen-year -old girl, and Jane Doe #7, who was then a sixteen-years-old girl, from the kitchen of 358 El Brillo Way upstairs EPSTEIN's bedroom at 358 El Brillo Way. (47) On or about July 4, 2004, Defendant - more telephone calls to a telephone used by Jane Doe #7. (48) On or about July 5, 2004, Defendant telephone call to a telephone used by NI. 14 to Defendant JEFFREY made one or placed a EFTA02857688 (49) In or around July 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #8, who was then a seventeen -year -old girl. (50) In or around July 2004, Defendant JEFFREY EPSTEIN stroked the vagina of Jane Doe #8, who was then a seventeen-year -old girl. (51) In or around July 2004, Defendant JEFFREY EPSTEIN paid approximately $200 to Jane Doe #8. (52) In or around July 2004, Defendant JEFFREY EPSTEIN paid $200 to ■. for recruiting Jane Doe #8 to travel to 358 El Brillo Way. (53) In or around July 2004, Defendant told Jane Doe #8 that Defendant JEFFREY EPSTEIN would pay Jane Doe #8 if she returned with a friend. (54) On or about July 15, 2004, Defendant placed one or more telephone calls to a telephone used by Jane Doe #7. (55) On or about July 15, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #8. (56) On or about July 15, 2004, Defendant placed a telephone call to a telephone used by (57) On or about July 16, 2004, Defendant placed one or more telephone calls to a telephone used by Jane Doe #7. 15 EFTA02857689 (58) On or about July 16, 2004, Defendant MI....placed a telephone call to a telephone used by III (59) On or about July 17, 2004, one of Defendant JEFFREY EPSTEIN's employees prepared a written telephone message for Defendant JEFFREY EPSTEIN's review regarding a telephone call received from a that read: "Me & [Jane Doe #7] can come tomorrow any time or [a] alone". (60) In or around July 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #7, who was then a sixteen -year -old girl. (61) In or around July 2004, Defendant JEFFREY EPSTEIN instructed Jane Doe #7, who was then a sixteen-year -old girl, to rub his nipples. (62) In or around July 2004, Defendant JEFFREY EPSTEIN stroked the vagina of Jane Doe #7, who was then a sixteen-year-old girl. (63) In or around July 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #7. (64) In or around July 2004, Defendant JEFFREY EPSTEIN told Jane Doe #7 that if she reported to anyone what had occurred at Defendant JEFFREY EPSTEIN's home, bad things could happen to her. (65) On or about July 24, 2004, Defendant placed to telephone call to a telephone used by Jane Doe #8. 16 EFTA02857690 Jane Does #9 and #10 (66) On or about July 15, 2004, Defendan more telephone calls to a telephone used by Jane Doe #9. (67) On or about July 16, 2004, Defendant placed one or caused Jane Doe #9 to make one or more telephone calls to a telephone used by Jane Doe #10. (68) On or about July 17, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #9. (69) On or about July 18, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #9. (70) On or about July 22, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #9. (71) In or around July 2004, Defendant JEFFREY EPSTEIN fondled the breasts of Jane Doe #9, who was then a seventeen-year -old girl. (72) In or around July 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #9, who was then a seventeen-year -old girl. (73) In or around July 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #9. (74) On or about July 22, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #10. 17 EFTA02857691 (75) In or around the last half of 2004, Defendants JEFFREY EPSTEIN and engaged in oral sex and sexual intercourse in the presence of Jane Doe #9, who was then a seventeen -year-old girl. (76) In or around the last half of 2004, Defendant JEFFREY EPSTEIN forcibly inserted his penis into the vagina of Jane Doe #9, who was then a seventeen- year -old girl. (77) In or around the last half of 2004, Defendant JEFFREY EPSTEIN made a payment of $300 to Jane Doe #9. (78) In or around the last half of 2004, Defendant JEFFREY EPSTEIN rubbed the vagina of Jane Doe #10, who was then a seventeen -year -old girl. (79) In or around the last half of 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #10. (80) On or about November 28, 2004, Defendant JEFFREY EPSTEIN arranged for one of his employees to provide an envelope filled with cash to Jane Doe #9. (81) On or about December 4, 2004, Defendan t provided a written message to Defendant JEFFREY EPSTEIN regarding Jane Does # 9 and 10, stating: "[Jane Doe #10] would like to work @ 4:00 pm if possible. [[Jane Doe #9] is scheduled for 5:00 today.] the movie is @ 7:30". (82) On or about December 29, 2004, Defendant placed a telephone call to a telephone used by Jane Doe #9. 18 EFTA02857692 (83) On or about December 30, 2004, Defendants JEFFREY EPSTEIN and Ma= caused the purchase of Broadway tickets as an eighteenth birthday gift for Jane Doe #9. (84) In or around the last half of 2004 or January 2005, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #10, who was then a seventeen- year -old girl. (85) In or around the last half of 2004 or January 2005, Defendant JEFFREY EPSTEIN fondled the breasts of Jane Doe #10, who was then a seventeen-year -old girl. (86) On or about January 14, 2005, DefendantM or more telephone calls to a telephone used by Jane Doe #10. (87) On or about January 27, 2005, Defendant placed one a/k/a " placed one or more telephone calls to a telephone used by Jane Doe #10. (88) On or about January 28, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #10. (89) On or about February 1, 2005, Defendant placed one or more telephone calls to a telephone used by Jane Doe #10. (90) In or around February 2005, Defendant JEFFREY EPSTEIN caused a payment of $200 to be made to Jane Doe #9 for recruiting Jane Doe #16 to travel to 358 El Brillo Way. 19 EFTA02857693 Jane Doe #11 (91) In or around 2004, Defendant JEFFREY EPSTEIN told Jane Doe #11 that he would pay her to fi nd and bring him more girls. (92) In or around 2004, Defendant JEFFREY EPSTEIN paid $200 to Jane Doe #11 for recruiting a minor female to travel to his New York home. (93) In or around 2004, Defendant JEFFREY EPSTEIN asked Jane Doe #11 when she would be getting more girls. (94) On or about April 5, 2005, one of Defendant JEFFREY EPSTEIN's employees prepared a written message for Defendant JEFFREY EPSTEIN's review regarding a telephone call received from Jane Doe #11 that read: "Re does she have any new friends you can meet — I was away over the weekend so I have not spoken to anyone new. But, [unidentified Jane Doe] will be around later today and I know she really wants to work. The others should be back around Thursday. Let me know about [unidentified Jane Doe]." (95) On or about June 22, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #11. Jane Does #12 and #13 (96) On or about August 2, 2004, an employee of Defendant JEFFREY EPSTEIN prepared a written telephone message for Defendant JEFFREY EPSTEIN's review regarding a telephone call received from and Jane Doe #12 that stated: "They are available all weekend and maybe [Jane Doe #13] too". 20 EFTA02857694 (97) On or about August 21, 2004, Defendants placed a telephone call to a telephone used by Jane Doe #13. (98) In or around the last half of 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #12, who was then a seventeen -year -old girl. (99) In or around the last half of 2004, Defendant JEFFREY EPSTEIN digitally penetrated Jane Doe #12, who was then a seventeen-year -old girl. (100) In or around the last half of 2004, Defendant JEFFREY EPSTEIN attempted to place a massaging device on the vagina of Jane Doe #12, who was then a seventeen -year -old girl. (101) In or around the last half of 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #12. (102) In or around the last half of 2004, Defendant JEFFREY EPSTEIN asked Jane Doe #12, who was then a seventeen-year -old girl, about her age. (103) In or around the last half of 2004, Defendant JEFFREY EPSTEIN told Jane Doe #12 that he would take her to Los Angeles when she turned eighteen. (104) In or around the last half of 2004, Defendants JEFFREY EPSTEIN and caused Jane Doe #12 to recruit Jane Doe #13 to travel to 358 El Brillo Way. (105) In or around the last half of 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #13, who was then a seventeen-year-old girl. 21 EFTA02857695 (106) In or around the end of 2004, Defendant JEFFREY EPSTEIN placed a massaging device on the vagina of Jane Doe #13, who was then a seventeen-year - old girl. (107) In or around the last half of 2004, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #13. (108) In or around the last half of 2004, Defendant JEFFREY EPSTEIN digitally penetrated Jane Doe #13, who was then a seventeen -year -old girl. (109) In or around the last half of 2004, Defendant JEFFREY EPSTEIN asked Jane Doe #13, who was then a seventeen-year -old girl, about her age. (110) In or around the last half of 2004, Defendant JEFFREY EPSTEIN told Jane Doe #13 that he wanted to take her to Paris but he could not because Jane Doe #13 was not yet eighteen years old. (111) In or around the last half of 2004, Defendant JEFFREY EPSTEIN asked Jane Doe #13 to bring her fr iends to his home, especially "girls who looked like [Jane Doe #13]." Jane Doe #14 (112) In or around the last half of 2004, Defendant led Jane Doe #14 from the kitchen of 358 El Brillo Way upstairs to Defendant JEFFREY EPSTEIN's bedroom at 358 El Brillo Way. (113) In or around the last half of 2004, Defendant JEFFREY EPSTEIN asked Jane Doe #14 to provide her telephone number. 22 EFTA02857696 (114) In or around the last half of 2004, Defendant JEFFREY EPSTEIN instructed Jane Doe #14, who was then a seventeen-year -old girl, to pinch his nipples. (115) In or around the last half of 2004, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #14, who was then a seventeen-year old girl. (116) In or around the last half of 2004, Defendant JEFFREY EPSTEIN made a payment of $300 to Jane Doe #14. (117) In or around the end of 2004 and the beginning of 2005, Defendant JEFFREY EPSTEIN digitally penetrated Jane Doe #14, who was then a seventeen- year -old girl. (118) In or around the end of 2004 and the beginning of 2005, Defendant JEFFREY EPSTEIN asked Jane Doe #14, who was then a seventeen -year -old girl, whether she had any plans for her eighteenth birthday and acknowledged that she had not yet turned eighteen. (119) On or about December 23, 2004, Defendant JEFFREY EPSTEIN caused a Western Union wire transfer order to be sent to Jane Doe #14. (120) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN placed a massaging device on the vagina of Jane Doe #14, who was then a seventeen- year -old girl. (121) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN engaged in sexual intercourse with Jane Doe #14, who was then a seventeen-year-old girl. 23 EFTA02857697 (122) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN performed oral sex on Jane Doe #14, who was then a seventeen -year -old girl. (123) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN made a payment of $600 to Jane Doe #14. (124) On or about January 8, 2005, Defendant la placed a telephone call to a telephone used by Jane Doe #14. (125) On or about January 9, 2005, Defendant a/k/a ," placed a telephone call to a telephone used by Jane Doe #14. (126) On or about January 26, 2005, one of Defendant JEFFREY EPSTEIN' s employees prepared a written telephone message for Defendant 's review regarding a call received from Jane Doe #14 that read: "She is confirming for 5:30". (127) On or about January 26, 2005, Defendant a/Ida ," placed a telephone call to a telephone used by Jane Doe #14. (128) On or about February 1, 2005, Defendant telephone call to a telephone used by Jane Doe #14. (129) On or about March 1, 2005, Defendant placed a , a/k/a a ," placed a telephone call to a telephone used by Jane Doe 414. (130) On or about March 21, 2005, Defendant a/k/a MS" placed a telephone calls to a telephone used by Jane Doe #14. 24 EFTA02857698 (131) On or about March 29, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #14. Jane Doe #15 (132) On or about December 6, 2004, Defendant plact.t1 a telephone call to a telephone used by Jane Doe #15. (133) On or about December 14, 2004, Defendann placed a telephone call to a telephone used by Jane Doe #15. (134) In or around the first half of 2005, Defendant led Jane Doe #14 from the kitchen of 358 El Brillo Way upstairs to Defendant JEFFREY EPSTEIN's bedroom at 358 El Brillo Way. (135) In or around the fi rst half of 2005, Defendant JEFFREY EPSTEIN instructed Jane Doe #15, who was then a seventeen -year -old girl, to pinch his nipples while he masturbated. (136) In or around the first half of 2005, Defendant JEFFREY EPSTEIN fondled the breasts of Jane Doe #15. (137) In or around the first half of 2005, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #15. (138) On or about January 7, 2005, Defendant a/k/a MEM" placed a telephone call to a telephone used by Jane Doe #15. 25 EFTA02857699 (139) On or about February 4, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #15. (140) On or about February 10, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #15. (141) On or about February 21, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #15. (142) On or about February 24, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #15. (143) On or about March 17, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #15. (144) On or about March 30, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #15. (145) On or about March 31, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #15. (146) On or about March 31, 2005, Defendant a/k/a EMI" placed a telephone call to a telephone used by Jane Doe #15. (147) On or about April 1, 2005, one of Defendant JEFFREY EPSTEIN's employees prepared a note for Defendant JEFFREY EPSTEIN's review that read: "10:30 [Jane Doe #15]/[Jane Doe #10] on Fri around 2'Oclock". (148) In or around June 2005, Defendant JEFFREY EPSTEIN provided Jane ( Doe #15 with a gift of Victoria's Secret lingerie for her eighteenth birthday. 26 EFTA02857700 Jane Does #16 & #17 (149) In or around February 2005, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #16, who was then a seventeen -year -old girl. (150) In or around the first quarter of 2005, Defendants JEFFREY EPSTEIN and caused Jane Doe #16 to place a telephone call to Jane Doe #17 to ask her to travel to 358 El Brillo Way. (151) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN caused a payment to be made to Jane Doe #16 for recruiting Jane Doe #17 to travel to 358 El Brillo Way. (152) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #17, who was then a sixteen-year -old girl. (153) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN instructed Jane Doe #17, who was then a sixteen-year -old girl, to remove all of her clothing. (154) In or around the first quarter of 2005, Defendant JEFFREY EPSTEIN placed a massaging device on the vagina of Jane Doe #17, who was then a sixteen - year -old girl. (155) In or around the fi rst quarter of 2005, Defendant JEFFREY EPSTEIN made a payment of $200 to Jane Doe #17, who was then a sixteen-year-old girl. 27 EFTA02857701 (156) In or around the first nine months of 2005, Defendant JEFFREY EPSTEIN placed a massaging device on the vagina of Jane Doe #16, who was then a seventeen-year-old girl. (157) In or around the first nine months of 2005, Defendant JEFFREY EPSTEIN asked Jane Doe #16, who was then a seventeen-year-old girl, how old she was, and she responded that she was seventeen years old. (158) In or around the first nine months of 2005, Defendant JEFFREY EPSTEIN engaged in sexual activity with DefendanIMMEME in the presence of Jane Doe #16, who was then a seventeen-year-old girl. (159) In or around the first nine months of 2005, Defendant JEFFREY EPSTEIN asked Jane Doe #16, who was then a seventeen-year-old girl, to touch the breast of Defendant (160) On or about April 11, 2005, Defendant , a/k/a " placed a telephone call to a telephone used by Jane Doe #16. (161) On or about April 11, 2005, Defendant telephone call to a telephone used by Jane Doe #16. (162) On or about April 11, 2005, Defendant placed a left a message for Defendant JEFFREY EPSTEIN stating: "[Jane Doe #16] can work tomorrow at 4pm." (163) On or about May 19, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #16. 28 EFTA02857702 (164) On or about June 30, 2005, Defendant Ma placed a telephone call to a telephone used by Jane Doe #16. (165) On or about July 2, 2005, Defendant a placed a telephone call to a telephone used by Jane Doe #16. (166) On or about July 22, 2005, Defendant al placed a telephone call to a telephone used by Jane Doe #16. (167) On or about August 18, 2005, Defendant la placed a telephone call to a telephone used by Jane Doe #16. (168) On or about August 19, 2005, Defendant , a/k/a " placed a telephone call to a telephone used by Jane Doe #16. (169) On or about August 21, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #16. (170) On or about September 3, 2005, Defendant a/k/a EMI," placed a telephone call to a telephone used by Jane Doe 11 16. (171) On or about September 18, 2005, Defendant a telephone call to a telephone used by Jane Doe #16. (172) On or about September 19, 2005, Defendant text message to a telephone used by Jane Doe #16. (173) On or about September 29, 2005, Defendant a telephone call to a telephone used by Jane Doe #16. 29 placed sent a placed EFTA02857703 (174) On or about September 30, 2005, Defendant-_, a/k/a MIMEIM," placed a telephone call to a telephone used by Jane Doe #16. (175) On or about October 1, 2005, Defendant left a telephone message for Defendant JEFFREY EPSTEIN stating: "[Jane Doe #15] confirmed at 11 AM and [Jane Doe #16] — 4PM". (176) On or about October 2, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #16. (177) On or about October 3, 2005, Defendant placed a telephone call to a telephone used by Jane Doe #16. (178) On or about October 3, 2005, Defendant left a telephone message for Defendant JEFFREY EPSTEIN stating: "[Jane Doe #16] will be 'A hour late". (179) In or around the fi rst week of October, 2005, Defendant JEFFREY EPSTEIN engaged in sexual intercourse with Jane Doe #16, who was then a seventeen-year -old girl. (180) In or around the fi rst week of October, 2005, Defendant JEFFREY EPSTEIN made a payment of $350.00 to Jane Doe #16, who was then a seventeen- year -old girl. (181) In or around the fi rst week of October, 2005, Defendant JEFFREY EPSTEIN provided a gift of Victoria's Secret lingerie to Jane Doe #16 for her eighteenth birthday. 30 EFTA02857704 Jane Does #18 and #19 (182) In or around the last half of 2003, Jane Doe #18 was approached bya. and was asked whether she would be willing to provide a massage to Defendant JEFFREY EPSTEIN in exchange for $200. (183) In or around the last half of 2003, Defendant JEFFREY EPSTEIN asked Jane Doe #18 to provide her telephone number. (184) On or around August 27, 2003, Defendant placed a telephone call to a telephone used by Jane Doe #18. (185) In or around the last half of 2003, Defendant JEFFREY EPSTEIN masturbated in the presence of Jane Doe #18, who was then a seventeen-year-old-gild. (186) On or around November 16, 2003, Defendant...MN placed a telephone call to a telephone used by Jane Doe #18. (187) In or around the last half of 2003, Defendant JEFFREY EPSTEIN digitally penetrated Jane Doe #18, who was then a seventeen-year-old-girl. (188) In or around the last half of 2003, Defendant JEFFREY EPSTEIN asked Jane Doe #18 to recruit other females to travel to 358 El Brillo Way. (189) On or about March 5, 2004, Defendant JEFFREY EPSTEIN asked Jane Doe #19, who was then a seventeen-year-old girl, to leave when she refused to remove her shirt. 31 EFTA02857705 (190) On or about March 5, 2004, Defendant JEFFREY EPSTEIN verbally reprimanded Jane Doe #18 for bringing Jane Doe #19 to 358 El Brillo Way when she was not willing to undress for him. The Defendants' Travel (191) On or about March 11, 2004, Defendants JEFFREY EPSTEIN, ME and Mil traveled from Teterboro, New Jersey, to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (192) On or about May 1, 2004, Defendants JEFFREY EPSTEIN, and MEIMatraveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (193) On or about May 14, 2004, Defendants JEFFREY EPSTEIN, ME EMI and traveled from Canada to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (194) On or about June 11, 2004, Defendants JEFFREY EPSTEIN and traveled from Chicago, Illinois to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (195) On or about June 20, 2004, Defendants JEFFREY EPSTEIN and traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. 32 EFTA02857706 (196) On or about July 4, 2004, Defendants JEFFREY EPSTEIN,M and traveled from Aspen, Colorado to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (197) On or about July 16, 2004, Defendants JEFFREY EPSTEIN, NM, and.. traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (198) On or about July 22, 2004, Defendants JEFFREY EPSTEIN, EEC and a traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, IN C. (199) On or about August 19, 2004, Defendants JEFFREY EPSTEIN and traveled from Van Nuys, California to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, MC. (200) On or about August 25, 2004, Defendants JEFFREY EPSTEIN, , and traveled from Ecuador to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (201) On or about October 2, 2004, Defendants JEFFREY EPSTEIN, , and traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by WOE, INC. 33 EFTA02857707 (202) On or about October 29, 2004, Defendants JEFFREY EPSTEIN and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (203) On or about November 10, 2004, Defendants JEFFREY EPSTEIN and NM traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (204) On or about November 18, 2004, Defendants JEFFREY EPSTEIN, afida and a traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (205) On or about December 3, 2004, Defendants JEFFREY EPSTEIN, ,and III., a/k/a ," traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, IN C. (206) On or about December 13, 2004, Defendant JEFFREY EPSTEIN traveled from the U.S. Virgin Islands to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (207) On or about December 17, 2004, Defendants JEFFREY EPSTEIN and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. 34 EFTA02857708 (208) On or about January 1, 2005, Defendants JEFFREY EPSTEIN, , and traveled from Anguilla, British West Indies to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (209) On or about January 6, 2005, Defendant JEFFREY EPSTEIN traveled from Teterboro, New Jersey to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (210) On or about January 14, 2005, Defendants JEFFREY EPSTEIN, a/Ida Mil,- and traveled from the U.S. Virgin Islands to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by JEGE, INC. (211) On or about January 19, 2005, Defendants JEFFREY EPSTEIN, , a/k/a MEll," and traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (212) On or about February 3, 2005, Defendants JEFFREY EPSTEIN, , and traveled from Columbus, Ohio, to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by JEGE, INC. (213) On or about February 10, 2005, Defendants JEFFREY EPSTEIN, anda MIN MR" 35 and EFTA02857709 traveled from New York, New York to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by JEGE, INC. (214) On or about February 21, 2005, Defendants JEFFREY EPSTEIN, MIE MMI, and MIE traveled from the U.S. Virgin Islands to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by JEGE, INC. (215) On or about February 24, 2005, Defendants JEFFREY EPSTEIN, MEI En and traveled from Teterboro, New Jersey to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (216) On or about March 4, 2005, Defendants JEFFREY EPSTEIN, , a/k/a ' " traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (217) On or about March 18, 2005, Defendant JEFFREY EPSTEIN traveled from New York, New York to Palm Beach County, Florida aboard the Boeing 727 aircraft owned by JEGE, INC. (218) On or about March 31, 2005, Defendant JEFFREY EPSTEIN traveled from New York, New York to Palm Beach County, Florida, aboard the Boeing 727 aircraft owned by JEGE, INC. 36 EFTA02857710 (219) On or about May 19, 2005, Defendants JEFFREY EPSTEINJIM EIM , and MEE alkia traveled from Teterboro, New Jersey to Palm Beach County, Florida, aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (220) On or about June 30, 2005, Defendants JEFFREY EPSTEIN and =II traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (221) On or about July 22, 2005, Defendants JEFFREY EPSTEIN and traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (222) On or about August 18, 2005, Defendants JEFFREY EPSTEIN, , a/k/a' "and_ - traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (223) On or about September 3, 2005, Defendants JEFFREY EPSTEIN and , a/k/a` traveled from the U.S. Virgin Islands to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (224) On or about September 18, 2005, Defendants JEFFREY EPSTEIN, and 37 ailda MINE7 traveled from EFTA02857711 Westchester County, New York to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. (225) On or about September 29, 2005, Defendants JEFFREY EPSTEIN, , a/k/a and_- traveled from Teterboro, New Jersey to Palm Beach County, Florida aboard the Gulfstream aircraft owned by Hyperion Air, Inc. All in violation of Title 18, United States Code, Section 371. COUNTS 2 THROUGH 10 (Sex Trafficking: 18 U.S.C. § 1591(a)(1)) 31. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 32. On or about the dates enumerated as to each count listed below, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the Defendants listed below did knowingly, in and affecting interstate and foreign commerce, recruit, entice, provide, and obtain by any means a person, that is, the person in each count listed below, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1): Count Date(s) Minor Involved Defendant(s) 2 2001 - 2004 Jane Doe #2 JEFFREY EPSTEIN 38 EFTA02857712 Count Date(s) Minor Involved Defendant( 3 January 2004 through July 2004 Jane Doe #4 JEFFREY EPSTEIN 4 July 2004 through December 29, 2004 Jane Doe #9 JEFFREY EPSTEIN 5 July 2004 through January 31, 2005 Jane Doe #10 JEFFREY., 6 Mid -2004 through April 22, 2005 Jane Doe #12 JEFFREYsiir 7 August 2004 through May 27, 2005 Jane Doe #13 J1.11.111 8 November 2004 through March 2005 Jane Doe #14 JEFFREY EPSTEIN . 9 December 2004 through June 5, 2005 Jane Doe #15 JEFFREY EP IN a/k/a ' , 10 February 2005 through fi rst week of October 2005 Jane Doe #16 J EP TEIN a/k/a ' ,, All in violation of Title 18, United States Code, Sections 1591(a)(1) and 2. 39 EFTA02857713 COUNT 11 (Sex Trafficking: 18 U.S.C. § 1591(a)(2)) 33. Paragraphs 1 through 25 of this Indictment arc re -alleged and incorporated by reference as though fully set forth herein. 34. From at least as early as in or about 2001 through in or about October 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, 'WM and did knowingly benefit, financially or by receiving anything of value, from participation in a venture, as defined in 18 U.S.C. § 1591(c)(3), which had engaged in an act described in violation of 18 U.S.C. § 1591(a)(1), that is, the recruiting, enticing, providing, and obtaining by any means a person, in or affecting interstate commerce, knowing that the person or persons had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(2), 1591(6)(2), and 2. COUNT 12 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 35. Paragraphs 1 through 25 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 40 EFTA02857714 36. From in or around the spring of 2003 through on or about October 2, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #3, who was a person who had not attained the age of 18 years, to engage in prostitution and in a sexual activity for which a person can be charged with a criminal offense, that is violations of Florida Statutes Sections 800.04(5)(a), 800.04(6)(a), and 800.04(7)(a); in violation ofTitle 18, United States Code, Sections 2422(b) and 2. COUNT 13 (Enticement of a Minor: 18 U.S.C. § 2422(6)) 37. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 38. From in or around January 2004 through in or around July 2004, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and 41 EFTA02857715 did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doc #4, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 14 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 39. Paragraphs I through 25 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 40. In or around July 2004, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #7, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(6) and 2. COUNT 15 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 41. Paragraphs 1 through 25 of this Indictment arc re-alleged and incorporated by reference as though fully set forth herein. 42 EFTA02857716 42. From in or around July 2004 through on or around December 29, 2004, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN an d did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #9, who was a person who had not attained the age of 18 years, to engage in prostitution and in a sexual activity for which a person can be charged with a criminal offense, that is a violation of Florida Statutes Section 794.05; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 16 (Enticement of a Minor: 18 U.S.C. § 2422(6)) 43. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 44. From in or around July 2004 through on or about January 31, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #10, who was a person who had not attained the age 43 EFTA02857717 of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 17 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 45. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 46. From in or around the middle of 2004 through on or about April 22, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #12, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 18 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 47. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 48. From in or around August 2004 through on or about May 27, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, 44 EFTA02857718 JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #13, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 19 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 49. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fi illy set forth herein. 50. From in or around November 2004 through in or around March 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #14, who was a person who had not attained the age of 18 years, to engage in prostitution and in a sexual activity for which a person can be charged with a criminal offense, that is a violation of Florida Statutes Section 794.05; in violation of Title 18, United States Code, Sections 2422(b) and 2. 45 EFTA02857719 COUNT 20 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 51. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 52. From in or around December 2004 through on or about June 5, 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN, Ac i a ll ot d did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #15, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 21 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 53. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 54. From in or around February 2005 through in or around the fi rst week of October 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, 46 EFTA02857720 JEFFREY EPSTEIN, fa and r did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce or entice Jane Doe #16, who was a person who had not attained the age of 18 years, to engage in prostitution and in a sexual activity for which a person can be charged with a criminal offense, that is a violation of Florida Statutes Section 794.05; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 22 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 55. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 56. From in or around February 2005 through in or around April 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN, aant , did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #17, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. 47 EFTA02857721 COUNT 23 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 57. Paragraphs 1 through 25 of this Indictment are re-alleged and incorporated by reference as though fully set forth herein. 58. From in or around August 2003 through in or around February 2004, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, JEFFREY EPSTEIN, and did use a facility or means of interstate commerce, that is, the telephone, to knowingly persuade, induce and entice Jane Doe #18, who was a person who had not attained the age of 18 years, to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 24 (Conspiracy to Travel: 18 U.S.C. § 2423(e)) 59. Paragraphs 1 through 25 of this indictment are re-alleged and incorporated by reference as fully set for the herein. 60. From at least as early as 2001 through in or around October 2005, the exact dates being unknown to the Grand Jury, the Defendants, JEFFREY EPSTEIN, r/lc/M and 48 EFTA02857722 did knowingly and willfully conspire with each other and with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with another person, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e). COUNT 25 (Facilitation of Unlawful Travel of Another: 18 U.S.C. § 2423(d)) 61. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 62. From at least as early as in or about 2001 through in or around October 2005, the exact dates being unknown to the Grand Jury, in Palm Beach County, in the Southern District of Florida, and elsewhere, the Defendant, did, for the purpose of commercial advantage or private fi nancial gain, arrange and facilitate the travel of a person, that is Defendant Jeffrey Epstein, knowing that such person was traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f); in violation of Title 18, United States Code, Section 2423(d). COUNTS 26 THROUGH 29 (Travel to Engage in Illicit Sexual Conduct: 18 U.S.C. § 2423(b)) 63. Paragraphs 1 through 25 of this Indictment are re -alleged and incorporated by reference as though fully set forth herein. 64. On or about the dates enumerated as to each count listed below, from a place outside the Southern District of Florida to a place inside the Southern District of Florida, the 49 EFTA02857723 Defendant(s) listed below traveled in interstate commerce for the purpose of engaging in illicit sexual conduct as defined in 18 U.S.C. § 2423(0, with a person under 18 years of age, that is, the person(s) listed in each count below: Count Date(s) Minor(s) Involved Defendant(s) ..., 26 7/16/2004 Jane Doe #7 Jane Doe #8 Jane Doe #9 Jane Doe #10 JEFFREY EPSTEIN 27 3/31/2005 Jane Doe #14 Jane Doe #15 Jane Doe #16 JEFFREY EPSTEIN I a/k/ ' ,, 28 9/18/2005 Jane Doe #16 JEFFREY EPSTEIN I a/k/ , 29 9/29/05 Jane Doe #16 JEFFREY EPSTEIN I a/lc/ I All in violation of Title 18, United States Code, Sections 2423(b) and 2. FORFEITURE I. Upon conviction of the violation alleged in Count 1 of this indictment, the defendants, JEFFREY EPSTEIN, a/lc/a a" and , shall forfeit to the United States any property, real or personal, which constitutes or is derived from proceeds traceable to the violation. 50 EFTA02857724 Pursuant to Tide 28, United States Code, Section 2461; Title 18, United States Code, Section 981(a)(1)(C); and Title 21, United States Code, Section 853. If the property described above as being subject to forfeiture, as a result of any act or omission of the defendants, JEFFREY EPSTEIN, ME= ME= anda " and (1) cannot be located upon the exercise of due diligence; (2) has been transferred or sold to, or deposited with a third person; ( 3 ) has been placed beyond the jurisdiction of the Court; (4) has been substantially diminished in value; or (5) has been commingled with other property which cannot be subdivided without difficulty; it is the intent of the United States, pursuant to Title 21, United States Code, Section 853(p), to seek forfeiture of any other property of the defendants up to the value of the above forfeitable property. All pursuant to Title 28 United States Code, Section 2461; Title 18, United States Code, Section 981(a)(1XC); and Title 21 United States Code, Section 853. FORFEITURE 2 Upon conviction of any of the violations alleged in Counts 12-29 of this indictment, the defendants, JEFFREY EPSTEIN, a/k/a WM," and shall forfeit to the United States any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such 51 EFTA02857725 offense; and any property, real or personal, used or intended to be used to commit or to promote the commission of such offense, including but not limited to the following: a. A parcel of land located at 358 El Brillo Way, Palm Beach, Florida 33480, including all buildings, improvements, fixtures, attachments, and easements found therein or thereon, and more particularly described as: Being all of Lot 40 and the West 24.3 feet of Lot 39, El Bravo Park, as recorded in Plat Book 9, Page 9, in the records of Palm Beach County, Florida and BEING that portion lying West of Lot 40, El Bravo Park, in Section 27, Township 43 South, Range 43 East, as recorded in Plat Book 9, Page 9, Public Records of Palm Beach County, Florida, being bounded on the West by the West side of an existing concrete seawall and the northerly extension thereof as shown on the Adair & Brady, Inc., drawing IS -1298, dated March 25, 1981, and bounded on the East by the shoreline as shown on the plat of El Bravo Park, and bounded on the North and South by the Westerly extensions of the North and South lines respectively of Lot 40, containing 0.07 acres, more or less. Pursuant to Title 18, United States Code, Section 2253. If any of the forfeitable property described in the forfeiture section of this indictment, as a result of any act or omission of the defendants JEFFREY EPSTEIN, a/k/a' MS' and cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third person; has been placed beyond the jurisdiction of the Court; has been substantially diminished in value; or 52 EFTA02857726 (e) has been commingled with other property which cannot be divided without difficulty; it is the intent of the United States, pursuant to Title 18, United States Code, Section 2253(o), to seek forfeiture of any other property of said defendant up to the value of the above forfeitable property. Pursuant to Title 18, United States Code, Section 2253. FORFEITURE 3 Upon conviction of any of the violations alleged in Counts 2-11 of this indictment, the defendants, JEFFREY EPSTEIN, , a/k/a ME ," and_-, shall forfeit to the United States any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation, including but not limited to the following: a. A parcel of land located at 358 El Brillo Way, Palm Beach, Florida 33480, including all buildings, improvements, fixtures, attachments, and easements found therein or thereon, and more particularly described as: Being all of Lot 40 and the West 24.3 feet of Lot 39, El Bravo Park, as recorded in Plat Book 9, Page 9, in the records of Palm Beach County, Florida and BEING that portion lying West of Lot 40, El Bravo Park, in Section 27, Township 43 South, Range 43 East, as recorded in Plat Book 9, Page 9, Public Records of Palm Beach County, Florida, being bounded on the West by the 53 EFTA02857727 West side of an existing concrete seawall and the northerly extension thereof as shown on the Adair & Brady, Inc., drawing IS -1298, dated March 25, 1981, and bounded on the East by the shoreline as shown on the plat of El Bravo Park, and bounded on the North and South by the Westerly extensions of the North and South lines respectively of Lot 40, containing 0.07 acres, more or less. Pursuant to Title 18, United States Code, Section 1594(b). A TRUE BILL. FOREPERSON R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY 54 EFTA02857728