House Oversight Document IMAGES-001-HOUSE_OVERSIGHT_012197

TAB | HOUSE_OVERSIGHT_012197 TAB 1 HOUSE OVERSIGHT 012197First Assistant U.S. Attorney DELIVERY BY FACSIMILE Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street • New York, New York 10022-4675 Re: Jeffrey Epstein U.S. Department of Justice United States Attorney Southern District of Florida 99 PIE. 4 Street Miami, FL 33132 (305) 961-9100 May 19, 2008 Dear Mr. Lefkowitz, I am in receipt of your e-mail dated May 19, 2008 to the United States Attorney. The U.S. Attorney would like me to advise you that all communications and inquiries related to the Epstein matter, will be handled by AUSA Marie Villafana and/or her supervisor, Karen Atkinson, so he does not intend to respond to your e-mail or calls unless AUSA Villafana and/or her supervisors advise him otherwise. Furthermore, you make reference to "our July 8 deadline." Respectfully, the United States Attorney's Office for the Southern District of Florida ("SDFL") has never agreed to any such deadline. Should you decide to provide the SDFL with any additional information, please do so through AUSA Villafana, and, in her absence, AUSA Atkinson. On September 24, 2007, your client, Jeffrey Epstein, in consultation with Gerald Lefcourt, Esq. and Lilly Ann Sanchez, Esq., as well as numerous other nationally-renowned lawyers, including but not limited to Harvard Law Professor Alan Dershowitz, former Independent Counsel and Solicitor General of the United States Kenneth Starr, just to name a few, entered into a global resolution of state and federal liabilities faced by your client ("the Agreement") with the SDFL. Although you and other members of the defense team have since claimed that the Agreement was the product of adhesion, the following facts demonstrate that Epstein knowingly and voluntarily entered into the Agreement in order to avoid a federal indictment regarding his sexual conduct involving minor victims. Despite the fact that by signing the Agreement, Epstein gave up the right to object to its provisions, the SDFL bent over backwards to exhaustively consider and re-consider your objections. Since these objections have finally been exhausted and Epstein has previously expressed his intent to not comply with several of the terms and conditions of the Agreement as set forth below, the SDFL hereby notifies you that unless he complies with all of the terms and conditions of the Agreement, as modified by the United States Attorney's December 19,2007 letter to Ms. Sanchez by close of business on Monday, June 2, 2008, the SDFL will elect to terminate the Agreement. HOUSE OVERSIGHT 012198JAY P. LEFKOWITZ, ESQ. May 19, 2008 PAGE 2 OF 6 Background The Agreement was the product of months of negotiations. Specifically, you requested and received numerous meetings, at the highest levels of the SDFL and DOJ's Child Exploitation and Obscenity Section (CEOS) concerning claims that (a) the investigation merely produced evidence of relatively innocuous sexual conduct with some minors who, unbeknownst to Epstein, misrepresented their ages; (b) the authorities investigating Epstein engaged in misconduct; (c) the contemplated federal statutes have no applicability to this matter; and (d) the federal authorities disregarded the fundamental policy against federal intervention with state criminal proceedings. After careful review, the SDFL ultimatelyrejected those claims. Subsequent to its decision, however, but before proceeding any further, the SDFL provided you with 30 days to appeal the decision to the Assistant Attorney General of the United States, Alice Fisher. As you recall, you chose to forego an appeal to AAG Fisher, and instead pursued a negotiated resolution which, ultimately, resulted in the execution of the Agreement. The Negotiation Phase During negotiations, you tried to avoid a resolution that called for incarceration and registration as a sexual offender — both of which would be triggered by a successful federal prosecution. The SDFL believed and continues to believe that should this matter proceed to trial, your client would be convicted of the federal statutes identified in the Agreement. In order to achieve a global resolution, the SDFL indicated a willingness to defer to the State the length of incarceration; however, it remained adamant that Epstein register as a sex offender and that all victims identified during the investigation remain eligible for compensation. In order to achieve this result, the parties considered two alternatives, a plea to federal charges that limited Epstein's sentencing exposure, or, as suggested by you, a plea to state charges encompassing Epstein's conduct. Ultimately, the parties agreed to, inter alio, a plea to the state charges outlined in the Agreement, registration and a method of compensation. The Agreement The crux of the Agreement defers in favor of the State federal prosecution of Epstein for his sexual conduct involving those minor victims identified as of September 24, 2007, in exchange for a guilty plea to a state . offense that requires registration as a sex offender; a sufficient term of imprisonment; and a method of compensation for the victims such that they would be placed in the same position as if Epstein had been convicted of one of the enumerated offenses set forth in Title 18, United States Code, Section 2255. Specifically, the Agreement mandates, inter alia, (1) a guilty plea in Palm Beach County Circuit Court to solicitation of prostitution (Fl. Stat. Section 796.07) and procurement of minors to engage in prostitution (Fl. Stat. Section 796.03) (an offense that requires him to register as a sex offender); (2) a 30-month sentence including 18 months' incarceration in county jail; (3) a methodology to compensate the victims identified by the United States; (4) entry HOUSE OVERSIGHT 012199JAY P. LEFKOWITZ, ESQ. May 19, 2008 PAGE 3 OF 6 of the guilty plea and sentence no later than October 26, 2007; and (5) the start of the above- mentioned sentence no later than January 4, 2008. Furthermore, and significantly, Epstein agreed that he had the burden of ensuring compliance of the Agreement with the Palm Beach County State Attorney's Office and the Judge of the 15th Judicial Circuit and "that the failure to do so will be a breach of the agreement" (emphasis added). Post-Execution of the Agreement Within weeks of the execution of the Agreement, you sought to delay the entry of Epstein's guilty plea and sentence. After the SDFL agreed to accommodate your request, counsel for Epstein began taking issue with the methodology of compensation, notification to the victims, and the issues that had been previously considered and rejected during negotiations, i.e., that the conduct does not require registration and the contemplated state and federal statutes have no applicability to the instant matter. A. Delay. The Agreement required that "Epstein shall use his best efforts to enter his guilty plea and be sentenced not later than October 26, 2007. The United States has no objection to Epstein self- reporting to begin serving his sentence not later than January 4, 2008." Agreement, pages 4-5, paragraph 11 (emphasis added). After the Agreement was executed, the SDFL accommodated your request to extend the October 26th plea deadline to November 20th based upon, what seemed to be, reasonable scheduling conflict issues.' By early November, you represented that the presiding state courtjudge would not "stagger the plea and sentencing as contemplated in the Agreement."Although the Agreement clearly did not contemplate a staggered "plea and sentencing," the SDFL again agreed to accommodate Epstein's request to appear in state court for plea and sentencing on January 4, 2008.2 I "Accordingly, I have now confirmed with Mr. Epstein's Florida counsel that the state's attorney's office and the court will be available to have him enter his plea on November 20. So we will plan to proceed on one that date." October 18;2007 email from Jay Lefkowitz to USA R. Alexander Acosta. On the same day, Mr. Lefkowitz confirmed with First Assistant Jeffrey H. Sloman that this postponement " will not affect when Epstein begins serving his sentence." 2 Correspondence from Jay Lefkowitz to FAUSA Sloman dated November 8, 2007 ("the judge has invited the parties to appear for the plea and sentencing on January 41, we do not anticipate any delay beyond that date.") HOUSE OVERSIGHT 012200JAY P. LEFKOWITZ, ESQ. May 19, 2008 PAGE 4 OF 6 B. Method of Compensation and Notification. During this same time period, you and others, including the former Solicitor General of the United States Kenneth Starr, took issue with the implementation of the methodology of compensation (hereinafter "the 2255 provision")3 and the SDFL's intention to notify the victims under 18 U.S.C. Section 3771 (you objected to victims being notified of time and place of Epstein' s state court sentencing hearing). In response, the SDFL offered, in my opinion, numerous and various reasonable modifications and accommodations which ultimately resulted in United States Attorney R. Alexander Acosta's December 19, 2007 letter to Lilly Ann Sanchez. In that letter, the United States Attorney tried to eliminate all concerns which, quite frankly, the SDFL was not obligated to address, let alone consider. He proposed the following language regarding the 2255 provision: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Regarding the issue of notice to the victims, USA Acosta proposed to notify them of the federal resolution as required by law; however, IN* will defer to the discretion of the State Attorney regarding whether he wishes to provide victims with notice of the state proceedings, although we will provide him with the information necessary to do so if he wishes." As you know, you rejected these proposals as well. See December 26, 2007 correspondence from Jay Lefkowitz to USA Acosta. 3 Prior to any issues arising concerning the implementation of the 2255 provision, the SDFL unilaterally agreed to assign its responsibility to select the attorney representative for the alleged victims to an independent third-party. This was done to avoid even the appearance of favoritism in the selection of the attorney representative. As a result, on October 29, 2007, the parties executed an Addendum wherein it was mutually agreed that former United States District Court Judge Edward B. Davis would serve as the independent third-party. Judge Davis selected the venerable law firm of Podhurst and Josefsberg to represent the approximately 34 alleged identified victims. HOUSE OVERSIGHT 012201JAY P. LEFKOWITZ, ESQ. May 19, 2008 PAGE 5 OF 6 C. "Mr. Epstein Does Not Believe He Is Guilty Of The Federal Charges Enumerated Under Section 2255." At our December 14, 2007 meeting at the U.S. Attorney's Office in Miami, counsel for Epstein announced, inter alia, that it was a "profound injustice" to require Epstein to register as a sex offender and reiterated that no federal crime, especially 18 U.S.C. Section 2422(b), had been committed since the statute is only violated if a telephone or means of interstate commerce is used to do the persuading or inducing. This particular attack on this statute had been previously raised and thoroughly considered and rejected by the SDFL and CEOS prior to the execution of the Agreement. You also argued that the facts were inapplicable to the contemplated state statutes and that Epstein should not have been allowed to have been induced into the Agreement because the facts were not what he understood them to be. It should be noted that the SDFL has never provided you with any evidence supporting its investigation. This is not, and has never been, an Alford plea situation (see North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160 (1970)). Ultimately, you requested an independent review. Subsequent to the above-mentioned meeting, the SDFL received three letters from you and/or Mr. Starr which expanded on some of the themes announced in the December 14th meeting. Essentially, you portrayed the SDFL as trying to coercea plea to unknown allegations and incoherent theories. On December 17, 2007, you decreed that Epstein's conduct did not meet the requirements •of solicitation of minors to engage in prostitution (Fl. Stat. Section 796.03) one of the enumerated crimes Epstein had previously agreed to plead guilty to; that Epstein's conduct does not require registration under Florida law; and the State Attorney's Office does not believe the conduct is registrable. On December 21, 2007, you rejected the USA's proposed resolution of the 2255 provision because you "strongly believe that the provable conduct of Mr. Epstein with respect to these individuals fails to satisfy the requisite elements of either 18 U.S.C. Section[s] 2422(b) ... or 2423(b)." In your December 26, 2007 correspondence you stated that "we have reiterated in previous submissions that Mr. Epstein does not believe he is guilty of the federal charges enumerated under section 2255" and requiring "Mr. Epstein to in essence admit guilt, though he believes he did not commit the requisite offense." As the SDFL has reiterated time and time again, it does not want, nor does it expect, Epstein to plead guilty to a charge he does not believe he committed. As a result, we obliged your request for an independent de novo review of the investigation and facilitated such a review at the highest levels of the Department of Justice. It is our understanding that that independent review is now complete and a determination has been made that there are no impediments to a federal prosecution by the SDFL. HOUSE OVERSIGHT 012202JAY P. LEFKOWITZ, ESQ. May 19, 2008 PAGE 6 OF 6 Conclusion On February 25, 2008, I sent you an e-mail setting forth a timetable for moving forward in the event that CEOS disagreed with your position. That time is now. As you know, my February 25th email stated that I would give you one week to comply with the terms and conditions of the Agreement, as modified by the USA's December 19th letter to Ms. Sanchez. In light of the upcoming Memorial Day weekend, I have decided to extend that timetable to the close of business on Monday, June 2, 2008, which is a full two weeks. Sincerely, R. Alexander Acosta United States Attorney. By: Jeffrey H. Sloman First Assistant United States Attorney cc: R. Alexander Acosta United States Attorney A. Marie VilIafana Assistant U.S. Attorney Karen Atkinson . Assistant U.S. Attorney HOUSE OVERSIGHT 012203TAB 2 HOUSE OVERSIGHT 01220411/05/2007 11:26 FAX 11/05/07 MON 1005 FAX 305 330 6440 EXECUTIVE OFFICE on /003 I'dj001 U.S. Department of Justice United States Attorney Southern District of Florida UNITED STA.TE,S ATTORNEY'S OFFICE SOUTHERN DISTRICT OF FLORIDA 99 NE 41-TH STREET WAKE, FLORIDA 33132-2111 Jeffrey H. Slo ma n First Assistant U.S. Attorney 305 961 9299 Cynciee Campos Staff Assistant 305 961 9461 305 530-6444 fax FACSIMILE TRANSMISSION COVER SHEET DATE: November 5, 2007 TO: Jay Lefkowitz, Esquire FAX NUMBER: (212) 446 4900 SUBJECT: Jeffrey Epstein NUMBER OF PAGES, INCLUDING THIS PAGE: 3 Message/Comments: Inesiniiie contains PRIVFLEGIM 4ND CONFIDENTIAL INPORMA"I'ION intended only for thc LISC of the A ddreswe(s) named Qbove. If you arc not the intended recipient of this caesimile, or the employee or agent respomsible for delivering, it to the intended recipient, you are hereby notified that any clisttcrnination or coping of this faesimile is strictly prohibited nyou ha vc received thiN facsimile Lit eTTOT, please immediately notify wi by telephone and return the onal thesimileto os at the above address via the, U.S. POsial Service, Thank you, HOUSE OVERSIGHT 01220511/05/2007 11:27 FAX 11/05/07 MON 10:05 FAX 305 530 6440 EXECUTIVE OFFICE U.S. Department of Justice DELIVERY.ByFACSIMTI...E Jay P. Lefkowitz, Esq. Kirkland Lk,: Ellis Citigroup Center 153 East 53r.l Street New York, New York 10022-4675 Jeffry Epstei Dear Jay: United States Attorney Southern District of Florida 991V.E. 4th Street Miami, FL 33132-2111 (305) 961-9299 Far:sin:tie: (305) 530-6444 November 5, 2007 • • • a 002/003 411002 Several things have come to my attention that seem contrary to your client intending to abide by his obligations under the Non-Prosecution Agreement. As you know, that agreement requires our Office to inform you of potential breaches to give you and your client the opportunity to respond before an indictment is filed. At this time, I do not believe that the agreement has been breached; however, I have sufficient concerns that need to be addressed. First, I understand that private investigators working for Mr. Epstein have contacted victims to ask them whether any detectives or FBI agents have discussed a financial settlement with them. On one occasion, the private investigators told the parent of a victim that she should get an attorney for her daughter and she should do so right away. These actions are troublesome because the FBI agents legally are required to advise the victims of the resolution or the matter, which includes informing them that, as part of the resolution, that Mr. Epstein has agreed to pay damages in some circumstances. Furthermore, Mr. Epstein well knows that we are in the process of selecting an attorney to represent the victims and, but for the inordinate amount of time spent negotiating the Addendum, that attorney would already have been selected. Paragraph 7 of the Non-Prosecution Agreement explicitly provides that contact with the victims shall be through that counsel. Accordingly, please confirm that there will be no further efforts to contact any victims until Judge Davis selects the attorney representative and that, thereafter, contact will be made only through that counsel. Second, the Non-Prosecution Agreement requires Mr. Epstein to use his best efforts to enter his guilty plea and to be sentenced not later than October 26, 2007. Despite this obligation, the Office agreed that Mr. Epstein could postpone this deadline to November, but reiterated that Mr. HOUSE OVERSIGHT 01220611/05/2007 11:27 FAX 11/05/07 MON 10:00 FAX 305 530 6440 EXECUTIVE OFFICE el 003/003 VI nos JAY P. IxpKowrinz, ESQ. Nov2mt:IER 5, 2007 PACE 2 OF 2 Epstein had to begin his term of incarceration not later than January 4, 2008. I have learned that the November hearing has been removed from the calendar and the next case disposition conference has not been set until January 7, 2008. This delay is unacceptable, and, pursuant to your obligations, the Office requests that you confer with the State Attorney's Office to try to find a date in November when the judge is available to conduct a simultaneous plea and sentencing, if you cannot find such a date, please provide documentation of your efforts to abide by the terms of the Non-Prosecution Agreement. Third, there have been several press reports that Mr. Epstein no longer intends to enter a guilty plea. Normally I would not pay any attention to such reports, but your recent correspondence attempting to restrict our office from communicating with the State .Attorney's Office and the allusion to the imposition of sentences that clearly fall outside the terms of the Non-Prosecution Agreernent raises concern. Please confirm that Mr. Epstein intends to abide by his agreement to plead guilty to the specified charges and to make a binding recommendation that the Court impose a sentence of 18 months of continuous confinement in the county jail. Finally, the Non-Prosecution Agreement requires that you provide the Office with copies of all proposed agreements with the State Attorney's Office before Mr. Epstein signs any such agreements. To date, no such agreements have been received. Please provide me with copies of any and all agreements with the State Attorney's Office for our review. The Office also would like to have someone present at the change ofplea and sentencing to monitorMr, Epstein's compliance with the terms of the Non-Prosecution Agreement, so please keep me informed of the date, time, and location of the hearing. Please provide me with a written response, adopted by Mr. Epstein, addressing these concerns and reiterating Mr. Epstein's intention to comply with the tenns of the Non-Prosecution Agreement by November 8, 2007. By: CO: R. Alexander Acosta, U.S. Attorney AUSA A. Marie Villafalia Jeffrey S ornan Sincerely, R. Alexander Acosta United States A omey First Assistant linited States Attorney HOUSE OVERSIGHT 012207TAB 3 HOUSE OVERSIGHT 012208TOLL RECORDS OF SARAH KELLEN'S CALLS • MR. EPSTEIN DID NOT KNOW WHO WOULD BE COMING TO GIVE HIM A MASSAGE. (561) 635- Wednesday, April 27, 2005 9:02AM 3454 (561) 801- Wednesday, April 27, 2005 9:03AM 3590 (561) 714- Wednesday, April 27, 2005 12:14PM 0546 (561) 714- Wednesday, April 27, 2005 12:15PM 0546 (561) 309- Wednesday, April 27, 2005 3:16PM 0079 (561) 309- Wednesday, April 27, 2005 3:20PM 0079 (561) 644- Thursday, May 05, 2005 3:28PM 3713 (561) 644- Thursday, May 05, 2005 8:43PM 3713 (561) 644- Thursday, May 05, 2005 8:48PM 3713 (561) 644- Thursday, May 05, 2005 9:13PM 3713 (561) 644- Thursday, May 05, 2005 10:03PM 3713 (561) 389- Friday, May 06, 2005 8:30AM 6874 (561) 644- Friday, May 06, 2005 8:59AM 3713 (561) 714- Friday, May 06, 2005 9:33AM 0546 (561) 389- Friday, May 06, 2005 9:34AM 6874 (561) 309- Friday, May 06, 2005 9:35AM 0079 (561) 644- Friday, May 06, 2005 10:58AM 3713 (561) 644- Friday, May 06, 2005 5:35PM 3713 (561) 644- Friday, May 06, 2005 7:50PM 3713 (561) 644- Saturday, May 07, 2005 11:03AM 3713 (561) 389- Saturday, May 07, 2005 11:04AM 6874 (561) 262- Sunday, May 08, 2005 11:39AM 6186 (561) 684- Sunday, May 08, 2005 12:28PM 6642 (561) 262- Sunday, May 08, 2005 3:20PM 6186 (561) 262- Sunday, May 08, 2005 3:21PM 6186 1 Mr. Rofrano is Mr. Epstein's chiropractor. HOUSE OVERSIGHT 012209• MR. EPSTEIN DID NOT TARGET ANY ONE PARTICULAR INDIVIDUAL, NOR DID HE TARGET MINORS. ALL OF THE CALLS BELOW WERE MADE TO WOMEN OVER THE AGE OF 18. (561) 389- Saturday, July 02, 2005 9:50AM 6874 cell (561) 635- Saturday, July 02, 2005 11:33AM 3454 cell (561) 856- Saturday, July 02, 2005 11:54AM 2974 cell (561) 635- Saturday, July 02, 2005 12:03PM 3454 cell (561) 324- Saturday, July 02, 2005 1:49PM 7996 cell (561) 324- Saturday, July 02, 2005 3:21 PM 7996 cell (561) 635- Saturday, July 02, 2005 3:22PM 3454 cell (561) 324- Saturday, July 02, 2005 3:58PM 7996 cell (561) 262- Saturday, July 02, 2005 4:10PM 6186 cell (561) 635- Saturday, July 02, 2005 4:11 PM 3454 cell (561) 302- Saturday, July 02, 2005 6:20PM 1844 cell (561) 389- Saturday, July 02, 2005 9:25PM 6874 cell (561) 324- Sunday, July 03, 2005 1:14PM 7996 cell (561) 574- Sunday, July 03, 2005 1:44PM 0142 cell (561) 262- Sunday, July 03, 2005 9:57PM 6186 cell (561) 714- Sunday, September 18, 2005 9:58AM 0546 cell (561) 324- Sunday, September 18, 2005 9:59AM 7996 cell (561) 635- Sunday, September 18, 2005 9:59AM 3454 cell (561) 801- Sunday, September 18, 2005 10:02AM 3590 cell (561) 662- Sunday, September 18, 2005 10:04AM 3098 cell (561) 302- Sunday, September 18, 2005 10:44AM 1844 cell (561) 389- Sunday, September 18, 2005 1:10PM 6874 cell (561) 389- Sunday, September 18, 2005 4:10PM 6874 cell (561) 324- Sunday, September 18, 2005 5:17PM 7996 cell (561) 714- Sunday, September 18, 2005 9:36PM 0546 cell (561) 714- Sunday, September 18, 2005 9:45PM 0546 cell HOUSE OVERSIGHT 012210TAB 4 HOUSE OVERSIGHT 0122116 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 1 MP: Detective Michele Pagan 2 3 KB: Kathy Back 4 5 MP: I_D. #8059, reference case number 05-368. The time now, by my watch, is approximately 6 minutes past 2pm on 3/15/05. (Inaudible) High Ridge Family Center, Sable Palm School. UNK: Just High Ridge Family Center. MP: Okay, the High Ridge Family Center. Present also is. could you state your name please? MP: Spell your name please? MP: And your date of birth? MP: And you are? CB: Cathy Back, Family Therapist. MP: Could you spell your name please? KB: K-A-T-H-Y B-A-C-K. MP: And you're her family therapist? Am I correct? KB: Yes. MP: Okay. l'm here today and I have stated briefly why I'm here is in reference to an incident that happened to a friend of yours, or a girl you know_ Page 1 of 43 05118 HOUSE OVERSIGHT 0122122 3 I'm not sure if she's friend of yours or not, by the name of=. Do you know what I'm talking about? Yes. 11 MP: Okay. I hear your voice got very low all of a sudden so if you don't mind.. 5 Oh, okay. 6 MP: I'll even hold it. Okay. Can you tell me how you know= 7 She's my ex-boyfriend's cousin. 8 MP: And what's your ex-boyfriend's name? 9 Zack= 10 MP: Is that his last name? 11 Yes. 12 MP: What school does he go to? 13 (inaudible) Summit Christian School. 14 MP: And you said he's your ex-boyfriend. How long ago was that? 15 I don't know. Like two months, two months and a half ago. 16 MP: How long did you go out with him? 17 Three weeks...? 18 MP: Not long? And' You met her through Zack? 19 Yeah, I met her when I went to dinner at his grandmother's house. 20 MP: Okay. And do you know M's last name? 21 No. I don't. 22 MP: Do you know where she lives? 23 Yes. She lives on streets away from me. Page 2 of 43 05119 HOUSE OVERSIGHT 012213MP: Okay. 2 (inaudible) 3 MP: Okay. And tell me now what happened with 4 Okay, well, the third time of hanging out with cause I was a cousin, well, And we were over there watching a movie and this guy called or actually it 6 was a woman but it was for a guy. -AM!igf.4:§Ni;t4tRi.i6g:ij. 7 8 9 10 11 12 13 14 15 16 17 18 19 Ofiii.00. Mad' WM* „ .............................. .................... d0.46.a. f.!.4.0.0i0111(...601i1§0.'"1.111b0040? "ig4f.erafer"" r wherever he lives, And a V. rIgh Tairitt§01 kho 11010Itti.:iiii 601. .. to this uy's diA so that; g00.P. at Pal on t know 611.661:06ii!$. 4.6 like rtg and nd wasJke no :y 004.a, Ultdijdt tab.: . . . iggt.04i0 oitig.6.$b togiidibw tth And then we went, I don't know what day it was cause she picked me up. I'm pretty sure it was a Saturday or a Sunday. So she picked me up and we get in the car and she (inaudible) and then we left and we were still driving and then we went to his house and we were 20 waiting in the kitchen and the old man came and he's like, hello, Fm.. .1 don't 21 even know, I think it's Jeff. I'm Jeff and then we, I'm like I'm And then 2.2 she urn went upstairs and I guess gave him money and we went back downstairs 23 we weren't there, we were only there for like 30 minutes and then we left and Page 3 of 43 05120 HOUSE OVERSIGHT 0122141 then she went to go to Marshall's to go get some, a skirt and a purse but she didn't get the skirt. She only ended up getting the purse and that was like a 3 black purse. 4 MP: That's all that happened? 5 Um hm. 6 MP: Well, I'm hearing a lot more happened. 7 Like what, I know, like what went around the school? 8 MP: Like what went around the school. Tell me what happened at school. 9 In school, everybody was saying that I got paid $300 with the, for the old man. 10 That old guy. Cause he's... .oh, first of all, is that I got fingered by the old man, 11 then it was I had sex with the old man and then it was I'm just a prostitute and I 12 got paid $300. 13 MP: Who was spreading these rumors around? 14 Um, my, this girl, she used to be my friend but I guess.... 15 MP: Where would she get .... 16 From Zack because I broke up with him. Well, that's what I think. I think when I 17 broke up with him, he got very mad and told the girl cause this girl, she hated me 18 because I went out him and she likes him. 19 MP: Which girl was this? 20 21 NIP: Liked Zack? 22 Yeah. 23 MP:...went out with him so she started spreading these rumors? Page 4 of 43 05121 HOUSE OVERSIGHT 0122151 Cause I went out to the fair and she was supposed to go with him but, guess, 2 he didn't like her and then we started talking and she got mad because !was 3 talking to him. 4 MP: What does...can you tell me more aboutM 5 I don't really know that much. All I know is that she, the only thing I know about 6 he: is that her boyfriend, but then they broke up, like, she met him at a party. 7 That's the only thing I know and that she has brown hair and like, I don't really 8 know about her. I went to her house (naudible) 9 MP: Are you telling me?...and I want you to know something, okay? 10 Um hm. 11 MP: Regardless of what has happened, okay? I'm being very honest. You're not in 12 trouble for anything. 13 I know. 14 MP: Whether you did something with this man or not. 15 • Hmm.... 16 MP: Whether you did something with this man. What I'm trying to do is fird out if this 17 type of thing is going on and you're not the only one and I don't think you are the 18 only one. 19 I don't think so either cause the other kid Anthony (inaudible) he knows too 20 and I, cause he's telling me, he's like where do you knoMand then I was 21 like she's my boyfriend's cousin. Oh that girl's bad and I'm like okay, too bad. 22 MP: Did you do anything with this man? 23 No, we went upstairs and just got money and I don't know... Page 5 of 43 05122 HOUSE OVERSIGHT 0122161 And there's like little circle chairs, that you can sit on. 0 MP: Stools. Stools. And we were just sitting there waiting cause he wasn't there yet. Then 4 he came inside after we were standing there about 5 minutes. Cause like, there 5 was a gate and a bodyguard guy. When we opened the gate and knocked on 6 the door, security, some guy, like a bodyguard kind of, type of guy. Same guy 7 walked up and he's like, excuse me, what are you here for and we're here to see 8 Jeff. And then he was okay, well come inside. Jeff'll be here in like 5 minutes. 9 And then we waited and he was like you can help yourself to a drink. And then 10 he left and then like 2 minutes after the guy left, Jeff and a lady walked in and 11 they introduced themselves and we're like, hi, my name is and then she's 12 like :inaudible) and then there's like a walk in door thing, that you walk in 13 like a cabinet thing, not a cabinet but the island thing (inaudible) and then the 14 door would be right there. 15 MP: Okay. 16 Yeah, (inaudible) 17 MP: So they walked away out of your sight? 18 Urn hm. Well there was another girl there. I was never by myself. I don't 19 remember the girl's name but she's s friend. 20 MP: Okay. 21 She was 22 MP: What doesM, do you have an idea of what, why this woman, this assistant, 23 would ask if had anybody with her? Page 7 of 43 05123 HOUSE OVERSIGHT 0122172 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 • I don't know but what you call, the lady, she really like (inaudible) I don't know what's wrong. I mean when she walked in, she was like kind of like, I don't know, but she was just like, urn, she couldn't say anything about her, she was just first name and that's it and then she was just like right to the point. She didn't try to be friendly, you know. MP: What do you mean she didn't try to be friendly? She wasn't like hi, I'm like, you know (inaudible) she was just like hi, I'm and I don't remember her name but she said she was from I remember that. And your friend, or=s friend stayed in the car? No, she was with us. When we walked in, and she sat, she was just there, she didn't do anything, she was with me. We were just right at the table, like we were silting having a conversation for like two seconds. Then=came back downstairs and then she's like thanks Jeff and then I'm like bye Jeff and then the other girl was like bye and then we left. MP: Okay, did tell you what was going on upstairs? MP: MP: MP: 22 MP: 23 No. She just, I didn't ask because like was to go shopping. That's what (inaudible). Did she give you any money? Urn hm. How much money? $300. What did you do with the $300? I didn't spend it. And then I went to school and then my principal, cause I got Page 8 of 43 , the only reason I know the money 05124 HOUSE OVERSIGHT 012218I into a fight with a girl, for saying that. Because she said that I was, had 2 done all that with the old man to get that money and that's not true. That's why I 3 got really angry and then we (inaudible) before that and then when I went to the 4 office to (inaudible) the principal but actually she didn't say anything at first and 5 then she was like, told her side of the story, can I see your purse and I 6 was like go ahead and (inaudible) and I'm like yes and then my dad, my dad and 7 the principal and my step-mom, they were all like urn, why did you do that with an 8 old man and who is the old man. I'll kill him, blah, blah, blah. And then I was 9 like I didn't do anything! I didn't do anything! And they didn't believe me. And I 10 kind of got mad at and then the whole thing, that's when I moved back to my 11 mom's house because my dad thought I was a prostitute. And it was really.... 12 MP: You know that just because something may have happened, that doesn't make 13 you a prostitute. 14 I know. 15 MP: Do you? 16 Yes. 17 MR Okay. Do you want something to drink? 18 No. 19 MP: Are you sure? 20 Yeah, 21 MR You know, I've been doing this for a long time and I'm not saying you're not 22 telling me the truth, I think you're not telling me the whole truth about what 23 happened. Okay? Matter of fact, I know you're not. And I know you might be a Page 9 of 43 05125 HOUSE OVERSIGHT 0122191 little afraid looking on it.... 2 Okay, I... (inaudible) because they already came to my dad's house and they did 3 something to my dad's tires and my dad almost died. 4 MP: Okay. Give me your hand. I'm here to help you. Look at me. 5 I don't want him to get hurt because he already almost killed him. 6 MP: I'm here to help you. 7 KB: Honey, I'm gonna get you some water. Okay? 8 Okay. 9 MP: I'm here to help you, okay? I'm being honest, okay? I'm going to be very up 10 front but I need you to be up front with me, okay? 11 Okay. 12 MP: The only way I can help you is if you're honest with me, a hundred percent 13 honest with me. 14 Okay. 15 MP: Your counselor's not here. Tell me what happened. Now be honest about it. 16 Okay. When I got there, that Jeff guy and the lady were there and then the lady 17 wanted me to come upstairs and she's like, she's talking to me and then she was 18 putting out a table like for a massage. And then urn, and then when and then 19 she like put the covers on the table and they like, it comes to like (inaudible) 20 whatever and she's like, oh Jeff will be up in a second. And then the Jeff guy got 21 there, she was like, she was like, take off your clothes and I didn't know what to 22 do because I was the only one up there and so I just took off my shirt and I was 23 in a bra and then he came in and had a towel over him and he was like no, take Page /0 of 43 05126 HOUSE OVERSIGHT 0122201 2 3 off everything. So I just took off my pants and I was in my bra and underwear and he was like now you're gonna give me a massage. Then he went on the table and he's like here, the lady that was putting down the table, got out three 4 lotions and put them on the table and then he picked up out which lotion. He 5 was like, give me a massage with this lotion and then I was giving him a 6 massage and he said you can get on my back. So he was on the table and I 7 was straddling him on his back and giving him a massage and then he was 8 turning around and then he whacked offend then he's like oh you have a really 9 hot body and then I was like, that's disgusting, but I didn't say that and then he's 10 like oh, excuse me for a second and he, I guess he went into the other room and 11 he whacked off again and then he came back and said to me like, I'm done. And 12 then he's like, here's your money and then I was going downstairs and he acted 13 all nice and stuff, he's like bye, nice to meet you, hope you can come back again 14 and theM's like how did it go, what did you do. And I'm like, I'm like, he 15 made me give him a massage, and she's like, t know. And then we went 16 to Marshall's and she got a purse and stuff cause she got paid too but I, she 17 didn't do anything, I don't think because she was downstairs the whole time while 18 she knew I was up there. 19 MP: When she asked you to go with her... 20 Urn hm.... 21 MP:...did you know...here's your water. 22 Thank you. KB: (inaudible) Page 11 of 43 05121 HOUSE OVERSIGHT 0122211 • Okay. Bye. 2 (Inaudible) 3 KB: Urn, you know what (Inaudible), I'm gonna down to the dorm. She knows how to 4 find me_ 5 MP: Okay. You feel better without her here? 6 Yeah, because I'm embarrassed cause it's really gross and she.... 7 MP: It is. 8 • ...rnight tell my morn. 9 MP: That's why I'm here. Okay? 10 And I don't want my parents to find out. 11 MP: Weil._ 12 Because I told them it wasn't true. 13 MP: Your parents love you. Okay? And their main thing is for you to be healthy, 14 Okay? Not only physically but up here. And they know that right now your have 15 a lot of issues and I think this is one of them. Because like you said, you thought 16 it was gross. Right? 17 Cause he's like 45 years old. 18 MP: That's okay. Let's backtrack a bit. When you went with tell me the part 19 where ii was the truth. Okay? You were with Zack and said let's go? 20 Yeah. Okay, we were watching, I don't remember the movie, but I know we were 21 watching a movie and then we were gonna go and take a ride. Cause me and 22 Zack were gonna get dropped off at the bowling alley so (inaudible) she 93 was saying about her boyfriend and got a phone call and then she was Page 12 of 43 05128 HOUSE OVERSIGHT 0122221 talking to that lady and the lady was like, was actually saying I'm 2 corning, I'm coming, and was like, can I bring somebody? And then 3 was like, the lady was like what does she look like and she started describing me 4 and then Zack turned around and said to who are you talking to. And then 5 went like that and she was talking to the lady and like just describing me, 6 what I was wearing that night and then the lady was like okay, well Jeff is gonna 7 want to talk to you and was like, that's fine. And then she got off the phone and then Zack said, I was like too, why are you describing me, who are 9 you talking to. And she was like , do you want to go with me tomorrow, I'm 10 gonna go pick up some money from my boss's house. And then she's like 11 cause I get paid tomorrow and then I said okay. And Zack's like no because 12 guess Zack knew what she did because Zack said no and he got really mad at 13 me and said no, you're not going, you're not going with her. And then I was like. 14 and she's like, you know, but you just have to come with me and I was like cause 15 the old man's gonna give us both money so we can go shopping. Cause that's 16 like my boss and he's really nice. And I was like okay. And then Zack didn't say 17 anything the rest of the night about it, he was just like really (inaudible) out there 18 and mad. Not really mad but he was just like frustrated that I guess, 19 would soy that. 20 MP: And you didn't know what was really going on. 21 I didn't know it was gonna, that I had to give him a massage and get naked. 22 MP: What did you think was going to happen? 23 That, like she just said, I don't know but I knew something was wrong, nobody's Page 13 of 43 05129 HOUSE OVERSIGHT 0122231 just gonna pay you money but I didn't think that I,I thought that was just 2 business whatever do, just gonna go over there. And she told me that it 3 was a rich guy and she was saying oh my God, he's so rich, blah, biah, blah. 4 And he has like a new Mercedes and all this stuff and she's like explaining him. 5 And then, what's it called...so actually we didn't, we left but we didn't end up 6 going to the bowling alley. Her boyfriend went to his house really fast to go get 7 something from his house and then he (inaudible) brought his car back to 8 =Fs house and we were just sitting there watching the movie but she was 9 like, are you sure you're going to go with me and I was like okay, I'll go 10 with you. I'm like last time, I'm like, what are we gonna do we were going 11 to go shopping and we were discussing what we were going to buy with our 12 money, cause she told me how much money I was gonna get, $300. And I was 13 cool, I know what I'm gonna buy. We're just like saying what we were gonna buy 11 with the money. She said I need to go buy a purse and then the next day, 15 actually I gave her my phone number that night so she could call, so she could 16 pick me up. And when I went in the house that morning, she called me, she 17 are you still gonna come with me and I'm like yeah. So she's like okay, 18 get ready. I'm gonna be there in like 30 minutes and then she came to the 19 house in like 30 minutes. And she had a friend with her. 20 MP: Do you remember the name of he friend? 21 I don't know her name but she was like really dark, kind of like a Spanish girl. 1 22 don't (inaudible)... 23 MP: Darker than me? Page 14 of 43 05130 HOUSE OVERSIGHT 0122241 Um hm. 2 MP: Okay. 3 And she had like short hair and she had like a styled hair, like a cute little style. I 4 don't remember her name. I talked to her but i didn't remember her name cause 5 (inaudible) right after I got in the car. And then all the way there, we were just 6 listening to music and singing and stuff and like just laughing and stuff. And she 7 told me the girl about her boyfriend and stuff (inaudible). 8 MP: So you're driving. So picks you up. Do you remember what day it was? 9 No but I know it was a Sunday because I told my dad, Dad can 1 please go on 10 Sunday with Haley to go shopping and my dad goes where are you guys going 11 shopping because he didn't know and he said no at first and I was like 12 Dad, that's=, you know Zack's cousin and then my dad says okay but I have 13 to meet her. So then called me afterward and then she's like I'm gonna 14 need $10 for gas and she was like can your dad give me $10? And then I was 15 like sure but I didn't ask my dad, I just (inaudible) $10. And then my dad was, 16 okay and my dad called me, he's like (inaudible) I'm not gonna be able to give 17 you money. So then I was really mad but then I didn't tell but my dad 18 ended up (inaudib'e) (inaudible) when was pulling up, my dad ended up 19 pulling up so and my dad saw each other. And was like, oh my 20 God, your dad is so hot. And then I said yeah, right. Started laughing about it. 21 And then my dad gave Haley $10 for the gas. 22 MP: So you got in the car. What kind of car did she drive? 23 A truck. Page 15 of 43 05131 HOUSE OVERSIGHT 012225I MP: What color? 2 I don't remember but I think it was a bluish color. I think so. 3 MP: So she drove. 4 Yeah, she drove. 5 MP: She drove? 6 Yeah and I was in the passenger seat and there was like a whole bunch of junk 7 back behind her and I was sitting next to it, like (inaudible) or stuff for school. 8 And was there... .like but I don't know but it took a pretty long time to get there. 9 And you know where, like, the rich people are, what is that street? Where the 10 Kravis Center is but further than that. Like towards the beach more. That way. 11 MP: Yeah, towards the beach. 12 Yeah. That way. And that's where, yeah, that's like where he lives but when she 13 pulled into, I know for a fact it's a pink house, I remember the pink house and 14 then he had an Escalade in his driveway and then a Mercedes in his garage. I remember that much. 16 MP: Okay. Do you remember... so you took the Kravis way or did you.... 17 I don't remember where we... 18 MP: You don't remember which way... 19 I just remember the building. 20 MP: It was near the ocean? 21 Yeah. I know... .cause one day when I was with my friend , that's 22 exactly where we went, like around that area, not the CityPlace area but you 23 know, it kind of looks like that area. Like where the Kravis Center was and I Page 16 of 43 05132 HOUSE OVERSIGHT 012226remember... that's how I remember. 2 MP: Do you remember seeing the beach and the ocean? 3 No but we went over that bridge where the ocean was and then the bridge went 4 over. 5 MP: Okay. So you definitely went over the bridge 6 • Yeah. Went over a bridge. And it was up and we had wait for it to go down. So 7 we were there for like 5 minutes. 8 MP: That was time you were witIM 9 Yes. 10 MP: Okay. And then the house, you said, you described it as pink? 11 It was like a, it was a two story house and then it was like a pinkish color, pinkish 12 pink color. 13 MP: Were there gates or something in front? 14 Well, it wasn't a gate but, the back door had a gate to it and it was a white gate 15 and just like she knew that you had to open it and it wasn't locked so we just opened it and there were three, two or three steps and you just walk up and 17 then he had a pool and it had, like the floor, the floor was like a hard something, 18 it wasn't concrete, it was squares of like concrete, but they were like... 19 MP: Like tile, you mean? 20 It was like a coral concrete, you know like.. And then the pool was there and the I house was there, I guess it was like a security house because a man that was 22 with the security came out and he was like what are you guys here for, cause 23 you're knocking on the door and then said we're here to see Jeff and Page 17 of 43 05133 HOUSE OVERSIGHT 0122271 then... 2 MP: What did that man say? 3 He was like oh, okay and she's like, she smiles and then he let her in (inaudible) 4 but he opened the door and then we went in and then (inaudible) and the 5 counter, here's the door when you walk in and there's a (inaudible) refrigerator 6 and then the window, a glass sliding window looks out at the pool. 7 MP: Okay. 8 And then like the cabinet, I mean not the cabinet, the island, was like here and 9 then there's like a cabinet over there and the door was right here. 10 MP: Okay, just for the tape purposes, the way that you described it, okay? Is you 11 walk in and on the left hand side? 12 Um hrri. 13 MR Cause you motioned right now, who's there? 14 • (ina udibie) 15 MP: And then when you walked in, on the left hand side, what did you see? 16 Like if I was getting out of the doorway? 17 MP: Um hm. 18 Okay. Well, there's a door. If you looked straight, it would be straight from you 19 but a little towards the right. 20 MP: Okay. And... 21 It wasn't a door, door. It was just a doorway (inaudible) 22 MP: Okay. 23 No, wait, maybe it, I don't know, cause it was open, but there could have been Page 18 of 43 05134 HOUSE OVERSIGHT 0122281 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 door, but it was open so I didn't really pay attention. Buz I know it was a doorway going up. MP: Okay. So now you're in that kitchen area Right? Um hm. MP: The three of you? Yes. MP: Where did you park the car? In his little driveway area. MP: So you're in the kitchen area. What happens next? We were waiting there. We were talking, just about how cool the house was. I'm like oh my gosh, I've never been in a house like this. And then the lady and the man came in, Jeff. I'm pretty sure., .like 90% positive. And he walked in, he was like in a t-shirt and pants, not pants but you know, like maybe like kind of dressy. 0.14:611612b. :k:ncswl a. eh w. eIa::hi tor: :m bar ............ .......... ".". fifii!;4613. heslke now t MP: Um hm. 19 • 20 21 22 23 Do you know what I mean? :reineltri ut he knew wh :#i*i#MAiikCtfi4.001 .Ah and then he's like okay, well, then follow my, I don't remember the lady's name but she's, he said follow her (the name) upstairs. So she's like, come on and then we walked upstairs and I thought...... Page 19 of 43 05135 HOUSE OVERSIGHT 012229I MP: By yourself? 2 Yes. but I thought that cause she said she was gonna get paid, so I 3 thought and the girl was gonna get paid in like, you know, like private, 4 privacy and cause it was just him and her and the other girl in the kitchen. And 5 so I went upstairs and as I was walking upstairs, there was a picture of him in like 6 a different country and then I'm like that's really cool and the lady said isn't it and 7 she was just walking upstairs and there was like a door and then, it was like to a 8 little (inaudible) this big and it had a couch and a couch and it was like another 9 walkway towards that way. And then walked towards, like keep walking forward 10 and then to my right and there was a bedroom and then we turned right again 11 and there was a big bathroom, a big.. it was humongous. And the bathroom. It 12 wasn't like a bathroom, bathroom, it was like a sitting area with a shower there. 13 Humongous shower. Like a jillion people could be in that shower. And then it 14 was humongous. And there was like a door here and you opened it and there 15 was like a little desk with paper and pads and stuff. And I don't know (inaudible) 16 like sitting on the couch right here, like against my... there's big long couch. And 17 it was pink and green. Hot pink and green. And there._ 18 MP: The roorn or the sofa? 19 The sofa. 20 MP: Okay. 21 And there's a table with a phone on it. And urn, during when I was giving him a 22 massage, he made a phone call but I don't remember whether he just said, like 23 he said four words and then hung up. Yeah, I don't remember. And he made a Page 20 of 43 05136 HOUSE OVERSIGHT 0122301 MP: 3y yourself? 2 Yes, but I thought that cause she said she was gonna get paid, so I 3 thought and the girt was gonna get paid in like, you know, like private, 4 privacy and cause it was just him and her and the other girl in the kitchen. And 5 so I went upstairs and as I was walking upstairs, there was a picture of him in like 6 a different country and then I'm like that's really cool and the lady said isn't it and 7 she was just walking upstairs and there was like a door and then, it was like to a 8 little (inaudible) this big and it had a couch and a couch and it was like another 9 walkway towards that way. And then walked towards, like keep walking forward 10 and then to my right and there was a bedroom and then we turned right again 11 and there was a big bathroom, a big...it was humongous. And the bathroom. It 12 wasn't like a bathroom, bathroom, it was like a sitting area with a shower there. 13 Hurnongous shower. Like a jillion people could be in that shower. And then it 14 was humongous. And there was like a door here and you opened it and there 15 was like a little desk with paper and pads and stuff. And I don't know (inaudible) 16 like sitting on the couch right here, like against my... there's big long couch. And 17 it was pink and green. Hot pink and green. And there 18 MR The room or the sofa? 19 The sofa_ 20 MR Okay. 21 And there's a table with a phone on it. And urn, during when I was giving him a 22 massage, he made a phone call but I don't remember whether he just said, like 23 he said four words and then hung up. Yeah, I don't remember. And he made a Page 20 of 43 05137 HOUSE OVERSIGHT 0122311 phone call and then he put the table back where it was (inaudible). And then.... 2 MP: But the lady...so you're upstairs and you're sitting down and the lady's there. 3 What is she doing? 4 Oh, she's, well, there's a closet right here, with a table in it. Like the massage table... 6 MP: Near the sofas? 7 Yes. Like a door on each side and urn, towards the door, there's a door for the 8 table. She took that out and there's like a safe and then like she put it in the 9 middle. It's this way, like long ways. And then she put like put the cloth over it 10 but she's looking around the room, I guess just to look, like she was 11 remembering something, I guess, like where the lotion was. And there are 12 pictures of like, naked girls on the wall and there was like, there was like one big 13 mural of naked girls' like, butts. And then, towards the door, there was like a 14 cabinet here, like a built in thing, like a (inaudible) and urn, there's drawers in it 15 and she opened the last drawer and there was a whole bunch of lotions, like 16 millions and millions of kinds of lotions. And she picked out three kinds of lotions 17 ard put them on like an armoire kind of thing with a mirror. And she set it there. 18 And then after, she told me, sit here for 5 minutes. Like, just sit there. And 19 eventually he came in and he was like, hi I'm Jeff and I'm like hi, l'rn And 20 he's like, I'll be right back, you can take off your clothes. And then he left. And 21 there's a bedroom out there and he just went out there and I don't know but 22 there's like, pictures out there, I think, I don't remember, he took off his clothes 23 and put a towel over himself. But I don't know if there was a towel thing back Page 21 of 43 05138 HOUSE OVERSIGHT 012232there cause it's like, I don't remember... 2 MP: Did he undress in front of you? 3 No, he didn't. But he took off his towel in front of me. 4 MP: Okay. So he came back in.... 5 Yeah, he came back into the room and he was.... 6 MP: Were you dressed? 7 I was in a bra and he said no, I meant get naked. And then I was, I went like that 8 and he was you can keep your bra and underwear on and but get down to your 9 bra and underwear so I took off my pants. Cause he was real stern about it, like 10 Take Off Your Pants. And then I just took off my pants and then he laid down on 11 the table but like, after he was laying on the table, he took off the towel just 12 enough, you know, like you could see.... 13 MP: Did you see him naked? 14 Yes I did. And it was disgusting. 15 MP: I don't mean to... I know maybe it's disgusting but can you describe him? Did he 16 have any marks, tattoos, was he hairy? 17 Yes, he was really very hairy on his chest and on his back and towards.. okay I 18 don't mean to sound gross but.... 19 MP: No, say it the way you would if you were speaking to one of your best friends. 20 Okay. 21 MP: (inaudible) 22 Okay. He was laying on his belly side so his butt was like, up. And there was 23 like, he had a very hairy back all the way to here and then there was just like a Page 22 of 43 05139 HOUSE OVERSIGHT 012233hairy butt line going down to his butt. 2 MP: Okay. 3 So gross. Okay, and then. (inaudible) 4 MP: Did you see the front of him? 5 Yeah. Cause when he got off the table, he like turned this way so everything 6 showed towards me and then he got off and then he went and whacked off and 7 then he came back in. But he was very hairy on his chest area and I just looked 8 for like one second and it was very, very disgusting. Okay. That's all I have to 9 say about that. 10 MP: Do you know what it means....and I have to ask only because there are some 11 people that don't.....to be circumcised? 12 No. I don't, I don't really know... but I think he was on steroids because he was a 13 built guy and his weinie was very tiny. 14 MP: His wee wee was very tiny. 15 Yes. 16 MP: And when you mean wee wee, you mean what? 17 His penis. 18 MP: Yes, his penis. Okay. 19 Yes, his penis. 20 MP: People calf it different things. Alright. I just wanted to make sure we know. 21 Okay. He laid down, he took off his towel and he laid down. 22 He laid down on the 23 MP: Did he take his towel completely off or just open it so... Page 23 of 43 05140 HOUSE OVERSIGHT 012234I No, completely off. 2 MP: Okay. Where did he put the towel? On the floor. Right like, the table underneath. 4 MR Okay. So he laid down, took the towel off. What happened next? 5 And then he's like, get the lotion. So I grabbed the lotion. Which, I had to walk 6 almost naked, but I was in like a thong so yeah, my butt was showing and he, the 7 table is like, I mean the sink was, you know, the lotions were right there and I 8 was over here and he was like go get the lotions just so I could walk past him 9 with my butt showing to go get the lotions. So I got the lotions and he's like, he's 10 like this lotion and then I took that lotion and he's like squirt it on your hands and 11 then massage clockwise on my back cause I didn't know how to do it? and then 12 he's like telling me where he would like the massage, here and here, the right to 13 the left, down more, up more. So I was just massaging and he turned and 14 started having a conversation, oh what happened to and I'm like, .15 (inaudible) my ex-boyfriend (inaudible) what's your boyfriend's name. Zack. And 16 he was kind of questioning me and then he said what, he's like, could you stop? 17 1 need to go. And i just stopped and I'm like okay. And he got off the table. He 18 put the towel over him. He bent down and got the towel and then he left the 19 room and you could hear him, like, you know, you could obviously tell what he 20 was doing, just like.... 21 MP: I don't ..... I won't look at you but do what he was doing, what you heard. I know 22 it's kind of embarrassing but.... 93 He was making like sex noises. You know, like..... I don't.. They were very Page 24 of 43 05141 HOUSE OVERSIGHT 012235I strange noises. That's all I can say. 2 MP: Okay. 3 I don't know how to describe them, they were very strange. 4 MP: Can you imitate them? 5 I don't I don't want to make a fool out of myself. 6 MP: You won't. You're not making a fool. You know, it might say it's sex noises. He 7 may say I was singing. 8 Okay. He was like.... 9 MP: I won't look at you, go ahead. 10 He was like 0000hhhh, 000hhh. 11 MP: Okay, okay, he's making groaning noises. 12 Yes, groaning noises, that's it. Okay. That was really embarrassing. It really 13 was. He was making those kinds of noises and then he walked back into the 14 room, took off his towel again and laid back on the thing and then he wanted the 15 same kind of massage but he was like oh use your (inaudible) a little bit more. 16 MP: You were massaging his back? 17 Yeah. And then he, he's like, could you, turn over for a second.. (inaudible) 18 (inaudible) go back out of the room. He turned over and he said okay, please 19 massage my boobs. And then I was massaging his boobs and he's like. he's 20 like, oh, like as I was doing it, as I was massaging, he was making the same 21 noises again like, oh my God, it's so embarrassing to do this. He was like.... 29 MP: I won't look. 23 Ho was going like 000hhh, making those noises. And like 5 minutes after that, Page 25 of 43 05142 HOUSE OVERSIGHT 0122361 and then he turned back around and he just started touching himself and I think the massage was like a half an hour but cause I don't know, the time I think was 3 a half an hour to 45 minutes and then I was done. And then he, I think he has 4 like a safe somewhere because around us he didn't have his wallet or something 5 because right when we got out the door, he left to go put the towel on again and 6 he put the towel on again and went out of the room and he goes you can put 7 your clothes back on. So I put my clothes back on and he walked right out there, 8 like two seconds and then came back like within two seconds. And he's like 9 here's your money. And then he gave me $300 in hundred dollar bills and they 10 were like brand new because they only had like one crease in them and that's 11 when they're folded in half. And he said thank you for your time. And then he 12 left. And he said you can see your way out and I was just walking and I got lost 13 cause there's so many different rooms and I got lost and I walked back 14 downstairs and was like just smiling and giggling, like, I guess it was what 15 the lady was saying and then she looked at me and she looked back at the lady 16 and then she's like, the lady's like oh, bye cause it was time to go cause I 17 guess because I was done. And then, then we left the same way we came in 18 and then s like oh my gosh, Mgoes how did you like it. Like how much 19 did he give you, how much did he pay you. And I'm like $300. And I was kind of 20 like $300, Cause the girl was like this. She was looking at me really weird. 21 The other girl that was with her. She's like really quiet though. And then she just 22 looked at me really weird and she's like trying to gaze into my eyeballs. And 23 then we went in the car and when we got in the car, s like, let me see what Page 26 of 43 05143 HOUSE OVERSIGHT 0122371 he gave you. And then I showed her my $300 and she's like, we're going to 2 Marshalls. And then, give me back my money and I put it in my back pocket. 3 And then she was trying to get me to describe what happened so told her what 4 happened. And she's like, you could do this every Saturday. He's is like so rich_ 6 And I was just kind of like, yeah, we could. And then, she put back on the music. 6 And then, when we were leaving, the lady was walking outside and I (inaudible) 7 one of the cars really fast but she was just going to the passenger seat and she 8 opened the door and then closed it. 9 MP: What did •s friend say? Did she say anything about it? 10 She was just like interested in what happened, like when we were talking, we're like into the conversation and then she was kind of like giggling and laughing, 12 like, I think, I wouldn't say, I mean, I don't know if (inaudible) or not but she 13 wasn't acting surprised, you know, like giggling. She was -just of like giggling and 14 laughing along with And tnen=goes urn, and then when I was giving 15 the guy the massage, he goes, I know she's been working with me for a 16 long time and then when I came back downstairs, goes, you only paid me 17 $200. So.... 18 MP: He liked you better. 19 I don't know. 20 MR Well, after you left, where did you go? 21 Marshalls or to TJ Maxx, one of those two. TJ Maxx or Marshalls. And she 22 bought a black purse. 23 MR Okay. Did you see after that again? Page 27 of 43 05144 HOUSE OVERSIGHT 0122381 Urn, I don't think so because that's when I got grounded. And then that's when I got in trouble with the fight. So after that, I'm pretty sure I didn't. Most likely. 3 MP: Did you ever speak to her again? 4 No, because I got my cell phone taken away. 5 MP: Okay. So you haven't see since the day you went to Jeff's house. 6 Correct. 7 MP: Are you sure? 8 Yeah. I'm 100 percent sure. 9 MR How do you know she....now tell me what happened with your dad 10 • Okay. Because my dad, I didn't know about until my sister told me when she 11 came here. But my sister, on a Thursday, was coming here. And wait, 12 Wednesday night, my dad said that he heard the dog barking and my dog is inside. So he's barking and he's outside, like barking towards outside and then 14 my dad is like shut up cause he forgets the dog's name and the dog wouldn't be 15 quiet. So he's like, I'm taking the dog outside. And then my dad took the dog 16 outside and the dog was way in towards my dad's truck, like my dad thought he 17 was attacking the animals but my dad, a person, a boy, don't know for a fact 18 but I know in my heart its Zack. Because Zack got really mad over the whole 19 situation. 20 MR Did you tell Zack what happened? 21 Yeah. And that's when, he punched a wall and he like my face was right there 22 and he punched the wall, like my face was right there and he punched the wall 23 right next to my face. And he started getting all upset and crying and calling Page 28 of 43 05145 HOUSE OVERSIGHT 012239I how could you do this? Blah, blah, blah. And then 's like, okay, I 2 won't do it again. And like she just kind of like hung up and he was like I hate 3 her, I hate her and then I hate you too. And I was like okay and we broke up and 4 then I think (inaudible) on the computer and I think he told what 5 happened and she turned it into an extraordinary, like story so at school so 6 would look like, you know, like I'm the bad person, like I'm a slut, I'm a whore or 7 something and she's going around school saying all this stuff and then so my 8 parents came, cause that's when I got mad at her and told her to stop talking but 9 she wouldn't stop talking about it. So I just got in a fight with her, like a fist fight 10 at school. And I got suspended and so did she but she only got suspended for 11 one day because I started the fight So I got in trouble more. And my dad got 12 really mad and he grounded me for it, because he found the $300 in my wallet 13 and then my dad was like, you're grounded, you're grounded forever and he's all 14 freaking out, how could you do this, blah, blah. The school said you did. And 15 urn, I didn't tell the school how, I told them I got it from my job, cause I worked at 15 Chick Filet but I quit. So I said I (inaudible) but nobody believed me so I was just 17 like believe what you want. Cause I didn't want to tell the principal or my 18 parents. 19 MP: Well, I think that the best thing that you're doing is that you're being honest. 20 Okay? 21 Umhm. 22 MP: You already know that they have a pretty good idea what happened. Okay? 93 I didn't even know there was like an investigation. Page 29 of 43 05146 HOUSE OVERSIGHT 012240I MP: Well, that's.... 2 I just knew. 3 MP: Well, this is why. What's happening is that I was made aware of this situation... 4 From my school? 5 MP: I'm not gonna say, okay? I was made aware of this situation. And they look at it 6 like you were taken advantage of. Not that you did anything wrong, okay? Even 7 though you went there willingly. Even though you went there willingly, you were 8 still taken advantage of. Okay? Because you were put into a position that you 9 felt you had no choice. Once you were there, before when you were telling me 10 about how Jeff told you to take off your clothes? You took your pointer and you 11 said he was really stern and you banged your leg, you put the pointer on your leg 12 when you said that. How did you feel when he told you to take your clothes off? 13 I don't know. I didn't know what else to do because I was the only person up 14 there and he's like 45 years old and he has like big muscles, because, I don't 15 know, but I'm pretty sure 45 years old and big muscles, body builder. 16 MP: Okay. 17 So I just felt intimidated because he's guy, first of all, and I'm a girl and I know 18 that was all the way downstairs with the lady and what was =ligoing to 19 do to help me all the way upstairs so I just did it. 20 MP: Okay. Now, there's one way I'm a little confused at because you said that, and 21 I'm using your words okay, that he whacked off twice. You said before that he 22 whacked off twice. When did he do that? 23 In between giving him a massage, like when I was giving him a massage, he was Page 30 of 43 05147 HOUSE OVERSIGHT 012241got, he was like, excuse me for a minute and he just left the room. 2 MP: Okay, so that's once. When was the other time? 3 Like during the thing, like when I was massaging his boobs. MP: When you..okay, when you were massaging his boobs, was his back flat on the 5 table? How was he positioned? 6 Well, he was at first and then when he started to whack off, he got like, his back 7 went off the table, kind of like leaning... 8 MP: Okay, where were you standing? 9 I was standing up. I was not on him. I was standing up (inaudible) and I was 10 like....he was towards, okay, he was on the table. I'm right here and he's leaning 11 that way. 1') MP: Okay. 13 ..like (inaudible) cause I guess, I don't know, but.. and he was like, my face, it 14 got hard to see what was going on because of how low I was and he just kind of 15 moved his head the other way and he was like, wants.... 16 MP: Okay, but just now, when you're saying that, you moved your hand. Did you see 17 him whacking off? 13 Yes. I saw him whacking off. 19 MP: Okay. That's what I need to know. Cause you said he whacked off twice. 20 Urn hm. 21 MP: So he whacked off in front of you? 22 Um hm. 23 MP: And you saw his hand doing or you saw his eyes, what was going on? Page 31 of 43 0514E3 HOUSE OVERSIGHT 012242I Okay. I saw his face, facial expressions and noises. 2 MP: Okay. What else did you see? 3 I just saw him... 4 MP: You keep moving your hand so...in other words, he took his hand and what was 5 he doing with his hand? 6 I don't know how to explain it. He was just whacking off. 7 MR Okay, describe.. don't.... 8 • Okay, sorry, he put his hand on his penis and he put it up and down and he was 9 like making facial noises, I mean facial expressions and making noises. 10 MP: So you saw him doing that, he did that in front of you? 11 Yes. 12 MR Do you know what it means when someone ejaculates? 13 It means they're horny? 14 MR No, what it means is that once they, while they're whacking off and I'm using 15 your words, okay. Another word for that is masturbating. Okay? 16 Yes. 17 MP: Do you know what it means to masturbate? A boy does it? 18 I don't know why they do it or I know why they do it but I don't know what it 19 does... 20 MP: Okay. 21 To them. 22 MP: In other words, fluid comes out of their.... 23 Oh, okay. Page 32 of 43 05149 HOUSE OVERSIGHT 0122431 MP: Okay? I'm just being very... I'm gonna tell you because I think.... 2 I know that part. 3 MP: Okay. So fluid comes out and that's ejaculating And it's called semen. So 4 while he was whacking off, okay, did you see any fluid come out? 5 It was, yes, because he had to take the towel and wipe his thing before he got off 6 the table again to go get the $300. 7 MP: Okay. 8 He took the towel and like... And then, okay, like he took the towel to wipe 9 himself and then like as he was getting off and then this way instead of this way, 10 this way, like that. 11 MP: Okay. Since you've seen his penis, was there anything distinctive about it? Like 12 did he have a mole on it? 13 No, it was very small. 14 MP: Very small, that's fine. Did you notice.. you said he was very hairy on his chest. 15 Did he have any tattoos? 16 Uh uh, not that I saw. 17 MP: Did he have any scars? 18 No, but he had freckles somewhere because he was huge. 19 MP: You're pointing at the chest area. 20 Yeah, some freckles. 21 MP: Like a mole or a freckle? 22 A freckle. 23 MP: Okay. Can you tell me what he looks like? Page 33 of 43 05150 HOUSE OVERSIGHT 0122441 He had like not white hair but it was, not white but it, you know, it was kind of like, 2 like me. It was like.... I don't know. MP: He was going gray. 4 Yes. He was going gray. And he had... 5 MP: What color hair did he have before? Blonde, brown? 6 No. 7 MP: You were describing Jeff to me, with the freckle and he was going gray and what else? 9 Urn, like he, like his skin color is like, when I saw him, when you have a sunburn, 10 but its like when you have it a couple of days and its turning into a tan. It was It like a reddish tannish color. And he had like a long face and that's about all I 12 can remember and he had a white t shirt when he first came in. 13 MP: Okay. 14 I don't really remember... 15 MP: Did he have any king of like jewelry on his body that you noticed? 16 I didn't, I don't remember_ 17 MP: Okay. Do you remember what color eyes he had? 18 Nope. 19 MP: Did he have any facial hair, like a mustache? Or a goatee or anything? 20 Hmm....No but his eyebrows were really thick and they were bushy, like 21 everywhere. 22 23 M4.6056jrA her Page 34 of 43 05151 HOUSE OVERSIGHT 0122451 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 YVer: • f'040 Yes, .63;v30.0.011.03, MP: Okay. You said that you straddled him. •Um hm. MP: What do you mean by that? When..he was on his stomach and I was giving him a massage, like I was, you know where, like, on...on, like the butt? And then like, I was sitting on his butt but a tittle bit above his butt And 1, it was, I was butt naked and he was butt naked and.... MP: Okay. ...my butt was, my butt cheeks were on the top of his butt and the real little of his back. 9p.gp4 MP: Okay. Now, did he ask you to get on top of him? Um hm. MP: Or did you do that on your own? No, he's like. .because at first, I was giving him a massage like you know, standing up. And he, then he's like it would be feel more comfortable if you got on my back. Could you please do that. ...and then I did that. Like, I did, urn, like. Page 35 of 43 05152 HOUSE OVERSIGHT 0122461 2 3 4 5 6 I wasn't, at first I didn't want to sit on his hairy you know, butt. So it was kind of like, you know, like, pushing my legs on the table so like I could kind of sit up and he was like could you please just put all...like sit on me, put all your body weight on me. And then I went, I was just kind of like kind of think I did when I was actually sitting on him, I didn't realize what it was and then like, I got grossed out and as I'm going down, kind of like popped up again. Cause it was gross. 7 MP: Okay. He never tried to touch you? 8 Besides like, you know, well, what do you mean by touching, like sexually 9 touching me? 10 MP: No, did he try to touch you or... 11 He put his hand on my back when he was whacking off or masturbating. Like, 12 he was just like.... 1 3 MP: You keep, like motioning, like smacking. 14 No,... 15 MP: What do you.... 16 Like, when you're leaning on something, putting your force on it? He was going 17 like that, fike...pulling, not, you know, like._ 13 MP: Can you shovv me what you me.an? 19 Okay. He was 20 MP: Let's say I'm on my back. Where would you be, l'm Jeff, where would you be 21 standing? 22 I'm right here. I was like, I was like sitting right here. 23 MP: Okay. Page 36 of 43 05153 HOUSE OVERSIGHT 0122471 Okay and when he backed up. MP: Which way, this way? 3 Yeah 4 MP: Okay, I'm going to my left. 5 All the way around til your back's on the table. 6 MP: Okay. I'm facing you. 7 And then you're, your face is a little bit that way... 8 MP: My right. Okay. 9 And (inaudible) towards, like on his knees, kind of.... 10 MP: Okay, I'm hunched over a little bit. 1'1 And I'm over here. And I'm still giving you a massage and everything but this 12 hand is around me and (inaudible) 13 MP: Okay. My left hand would bc...so is my left hand around your shoulders? 14 No, under my arm while I'm going like that... 15 MP: Okay. So I'm holding you like around by the waist. 16 Urn hm. And that hand was on his... 17 MP: His right hand. 18 Yes. 19 MP: Okay. It just gives me a better picture of trying to understand, that's why. 20 Um hm. 21 MP: And I appreciate you doing that. I don't mean to make you feel uncomfortable_ 22 Do you feel uncomfortable? 23 No. Page 37 of 43 05154 HOUSE OVERSIGHT 012248MP: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Okay. After everything was done, okay, did he watch you get dressed? No. Cause i was getting dressed while he was out there getting the $300. guess that's what he was doing. That's the only thing he came back in with. He was still in a towel and stuff. MP: In the room, at all, do you think...and I don't know if there is or not, but do you think there is anything in there that may have recorded what you did'? Oh my gosh.... MR A video camera... Oh my gosh. I didn't think about that. There was lots of places there could have been one because there's pictures, that could have been, I don't know.... MP: When he walked out... the reason why I ask is because he walked out once and then came back in, right? Yes. MP: So it could be just so he could whack off. I was just curious. I don't know if there is or not. If there was, I did not know about it. MP: Okay. So you get dressed, you go downstairs. Where is that woman again? 18 Downstairs talking to and the other girl. 19 MP: Okay. 20 They were having a conversation. 21 22 23 anY #.05#41NO*0.. !: o you or does h OU 'wore?' id:asttftfa 1-0)041:410iixoy Page 38 of 43 05155 HOUSE OVERSIGHT 0122491 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 use :5e 6tifikMidt4tii0v.go So said he wss 18 As k*O'CrO;StilitliNftEkffi0;40§04:fj Oi*Wi(6:4006.0hiitibi MP: So what other things did he ask you? Urn, how I know what school I went to. 65#40i1AK01:#00:::1§.. gr* 0.6061). MP: Did you tell him what school you went to? Yeah but I told him Wellington. I didn't tell him Royal Palm. 16,911 rac because laid him Was 8 so I had to. tgi!YO-Pia MP: Okay. What else did you talk about? 20 Urn, that's about it. And he was kind of asking me like how I knew=, is 21 nice to me and then he told me how he knevMand he was like, I was 22 kind of like, how do you know= Cause I brought up the conversation. He 23 said well I know Haley because she's been working for me for a long time. And Page 39 of 43 05156 HOUSE OVERSIGHT 012250I then like, I kind of, you kind of get the picture, working for you and hello, I'm 2 sitting there giving him a back massage. So I kind of figured it out. 3 MR He never said that, he just... 4 Yes.. 5 MP: ...said that she worked for him. 6 Yeah but don't...on our way back home, that, like, doesn't make any sense if she 7 didn't do that because why would be doing (inaudible) for almost the same 8 amount of money as me. 9 MP: Right. Well, why couldn't he pay her that day? 10 I don't know, because that's a good question. Cause she didn't, as far as I know, 11 but I don't know but I'm pretty sure she didn't tell me. she didn't think. She was 12 just downstairs having a conversation. And I think that when I went up to the 13 lady, he paid her because like, you know, so because, he paid her while I went 14 upstairs and when I went downstairs, she was still talking to the lady still and she 15 goes, when we were in the kitchen waiting, the old man to come to the house 16 still, she said, oh the chef is so hot, he works here and she was like, and she's 17 like he's so hot, you know, saying his face and then the other girl (inaudible) 18 because when we saw the chef come in, he was old, too. He was like... 19 MP: So likes older guys. 20 Must like it. 21 MP: Okay. So you left and that was the last time you see him. 22 Yes and that's the last time I went.... 23 MP: Has Jeff ever tried to call you? Page 40 of 43 05157 HOUSE OVERSIGHT 0122511 Nope. And... 2 MP: Did you leave a phone number? 3 Yeah. Actually I did. Cause when I was leaving, he goes urn, please leave your 4 phone number so can keep in touch with you because she doesn't have 5 your phone number. So I didn't, I just gave him my cell phone number. I didn't 6 give him my house number, I gave him my cell phone number. 7 MP: And how long ago was this? 8 Oh my gosh, I couldn't tell you the date but....it was about maybe, oh my gosh, a 9 month and a half ago. I don't really know.. 10 MP: In February? 11 12 MP: Because we're in March right now. 13 Either the very beginning of February or the end of January. I couldn't tell you... 14 MP: How tong after did you get into that fight with 15 Urn, like a week, cause... 16 MP: You got into a fight with on the 9. 17 Okay, so yes, it was about a week after... .or before. 18 MP: Okay. And who else besides Zack dic you tell what happened? 19 That's it. 20 MP: Besides of course. 21 Zack and 22 MP: Do you think has brought anybody else that you know of? 23 No, but she wanted me to bring my sister but that same day was going to her Page 41 of 43 05158 HOUSE OVERSIGHT 0122521 boyfriend's house. 2 MP: Okay. 3 And, when I was in that guy's room, there was a like, where the drawers of lotion 4 were, there's like a shelf of pictures and he had so many pictures of girls about 16, 17, around that age, 17 or 18. And they were like on the walls and most 6 of....all the girls were topless or just plain naked And they were in positions or 7 they were just standing up. 8 MP: Okay. Looking at pictures. 10 MP: Okay. Well, I have to ask you. Do you know the difference between....and 11 you're a grown woman, so I'm asking you. You're pretty mature for your age. 12 Okay? Do you know the difference between right and wrong? 13 Yes. 14 MP: Do you know the difference between the truth and a lie? 15 yes. 16 MP: Can you tell me what a lie would be? 17 Urn, not saying the truth. 18 MP: Okay. So if I tell you you are wearing a blue sweater right now..... 19 I could tell you you're lying, 20 MP: Why? 21 Because I'm wearing a pink one. 22 MP: You got it. Is everything you've tod me the truth? 23 Yes. Page 42 oi 43 05159 HOUSE OVERSIGHT 0122531 MP: Are you lying about anything? 2 No. I'll swear on the bible. 3 MP: Okay. Swearing to God, that's good enough for me. 4 I swear to God. 5 MP: Okay. Is there anything else you'd like to talk to me about? 6 No, because that's about....nothing else about the whole thing. 7 P.M WtIktoot,have any kind of sec with hm 8 9 TO opfog::::sexml. Stirrle me' 10 OW'W ViijO me Y mee 11 12 13 14 15 16 I 7 • nO Atrgytime:: (Az MP: At any time, did he touch you At no 1ime... MP: Besides putting his hands... Besides that, no times did he touch me. MP: And just so I can be sure, you saw him whacking off once. Yes, I saw him. MP: Okay. And as far as you think..... I think, I know, well, I couldn't say / know, but it's the same noises were being made when he was (inaudible). 2' MP: And that's it. I thank you very much. This will conclude the interview. The time 23 now by my watch is approximately 3:05. Page 43 of 43 05160 HOUSE OVERSIGHT 012254TAB 5 HOUSE OVERSIGHT 012255sor & Associates Ropciritog 'gad TroinalaipOiow, No. Page 1 THE STATE OF FLORIDA, COUNTY OF PALM BEACH. IN RE: JEFFREY EPSTEIN. SWORN STATEMENT OF Friday, March 21, 2008 12:05 p.m. - 12:15 p.m. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 Reported By: Judith F. Consor, FPR Notary Public, State of Florida Consor & Associates Reporting and Transcription West Palm Beach Office Phone - 561.682.0905 greid ft.:SA.114a Ivac41 st.a.koRaWn HOUSE OVERSIGHT 012256sor & Associates Rslox* wed Thtnaciripdoll, Page 2 APPEARANCES: 2 3 On behalf of the Defendant: JACK A. GOLDBERGER, ESQ. 4 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 AUSTRALIAN AVENUE SOUTH 5 SUITE 1400 WEST PALM BEACH, FLORIDA 33401 6 561.659.8300 7 ALSO PRESENT LILLY ANN SANCHEZ, ESQ. 8 FOWLER WHITE, ATTORNEYS AT LAW 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HOUSE OVERSIGHT 012257or St A5sociates RePurthrig mulTransedpiteg, 1 2 Page Statement taken before Judith F. Consor, Court Reporter and Notary Public in and for the State of 3 Florida at Large, in the above cause. 4 5 Thereupon, 6 7 having been first duly sworn or affirmed, was examined 8 and stated as follows: 9 10 THE WITNESS: Yes, ma'am. BY MR. GOLDBERGER: 11 Q. Jennifer, my name is Jack Goldberger and 12 I'm here with Lilly Sanchez. And we are two lawyers that 13 represent Jeffrey Epstein in some matters that are being 14 investigated here in Palm Beach County. 15 We've asked you to come in here today, and 16 we really appreciate that you came in here voluntarily. 17 You've just been sworn to tell the truth, 18 and really all that means is that we're going to take a 19 statement from you. And it's obvious that we just want 20 you to tell us what you know. 21 A. Uh—huh. 22 Q. We don't want you to tell us anything that 23 is incorrect or a lie in any way. We simply want the 24 25 truth here. And we're going to do this very, very quickly. Okay? HOUSE OVERSIGHT 012258sor & Associates Rworlin Auld Tarrivaiptivq.b. 1 2 3 4 6 Page 4 A. Uh-huh. Q. If you don't understand -- you know, I talk in what's called lawyerese sometimes. And if you don't understand what I'm saying, just say, "Jack, what are you talking about?" And we'll get it straight for you. Okay? 7 A. Uh-huh. 8 Q. A. Will you tell me what your full name is. 10 Q. Okay. And your birthday, 11 A. 12 Q. Okay. Now where do you live right now? 13 A. 14 Q. Is that here in West Palm Beach? 15 A. 16 Q. How long have you lived there at that 17 address? 18 A. 19 Q. And you live there with your son? 20 A. Yes. And my parents. 21 Q. Okay. You've never been in court before 22 for anything, have you? 23 A. Traffic. . 24 Q. Your own traffic? 25 A. Nothing, nothing serious. HOUSE OVERSIGHT 012259sor 82. sociates RwrgndThirmripsiival, 1114, Page 1 2 3 Q. Just your own traffic matters? A. Yes. Q. Have you ever had to have an attorney 4 represent you for anything? 5 6 Q. Good for you. 7 Okay I want to talk Lo 8 you know by the name of Jeffrey Epstein. 9 A. 10 Q. 11 12 Q. owitaft J66'gd '6WY ' ' 13 14 15 16 17 18 19 Q. And what had told you about 20 Mr. Epstein? 21 A. She told me that he was having girls such 22 as 23 names, were setting up girls to bring them over and give 24 him massages, and it was going to be strictly massages, 25 no physical contact other than that, and that I would be A. In A. No. you about a man that Uh-huh. You know Jeffrey, do you not? I met him once. 0:110g Q. Okay. And now before you went to Jeffrey Epstein's house, had you ever heard of him before? A. Yes, had told me about him, and , and others that I don't know their HOUSE OVERSIGHT 012260sor & Asso iate5 Paniorting eaa Tramnririto, top, Page 6 1 getting paid -- I don't remember what she told me. I 2 3 4 think she said a hundred dollars for a half-hour or something, two hundred; either a hundred or two hundred. I can't remember. It was a long time ago. Q. Sure. 6 A. But it was only going to be for a half-hour 7 and that was it. 8 0 ORIO 94###WORM840#00n4311440VOU 9 Ztectqo 10 - - --1 .in through 11 ONAV. hat 2 6 21 22 3 YPW0 Arg1.4 *k#:: 000dek404alkbOr idegtandV: stein 16ri Yaigiid46. Over there? d any kind .*4 OkaY. You never s 0 gggg#4 ,d6fttWt ere? one wotke ...................... to±m eve ii tantiae ii HOUSE OVERSIGHT 012261sor & Associates Reporke lava Trworaiptioz, HOUSE OVERSIGHT 0122629 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 1 1 0:44A1,0AtAii0444,F smamaKmezzageswan 3 440: 4 5 6 7 Q. olcaY hone CantaCt, I'M Including text Y other kind of contact th Way YOU So thexe. wa,$ no contact at all? Okay. Now, I think you just what answered 8 the question, but let me just ask -- I'm going to do what I told you I wouldn't do; I'm going to ask it to you in legalese. Before going over to Mr. Epstein's house, did anyone try to persuade you to engage in that kind of sexual activity or sex with Mr. Epstein? A. No. Q. Okay. A. When had -- because was the one that had drove me over there -- Q. Right. A. told me that would be the one driving me -- they were following -- and had said that if -- he might ask if I wanted to do anything else, that it was up to me, I could say yes or no. She said, "He may ask you to do other things." Q. But no one was asking you before you -- A. No one was telling me that I had to do 3 anything. She was just stating that it was a possibility 2 HOUSE OVERSIGHT 0122635or 8,1A55ociates Rsportiag ixad traum-iption, 1 he may ask me to do other things. 2 Page 9 Q. Most importantly though, before you went 3 over there, no one tried to persuade you to engage in any 4 kind of sex? 5 A. No, no one persuaded me. 6 Q. No one was inducing you or enticing you to 7 do any kind of sex? 8 A. No. 9 Q. Okay. And certainly no one that had any 10 association with Mr. Epstein tried to persuade you or 11 induce you to engage in any kind of sex? 12 A. NO. 13 Q. Okay. As far as what said to you, 14 she said he may ask you whether you want to do anything 15 and it was totally within your rights to decide? 16 A. Totally within my rights to do whatever 17 wanted to do. 18 Q. And I assume she told you that if anything 19 was asked of you, whether you wanted to do anything else, 20 I assume told you that Mr. Epstein would 21 absolutely respect that. In other words, if you were 22 asked to do anything and you said no, he would say, 23 "Fine. I understand." 24 A. Yeah. Because he told me in the room if 25 didn't want to -- whatever I didn't want to do, just say etdaskcisosax. * T HOUSE OVERSIGHT 012264no and he said that was fine. 2 Q. Okay. 3 A. That's what I was understanding. Q. Okay. But that conversation only took place after you got to his house, right? A. Yeah, right. Q. Okay. And going back to, to , she 8 never communicated to you, with you by e-mail or text messaging about any engaging in any kind of sexual 10 activity? 11 A. No. It was just that day that I had 12 decided that I was going to go over there that had 13 took me over to 's house and then had drove 14 me there and and followed. 15 Q. Okay. I know the answer to this is 16 obvious, because you only went there to Mr. Epstein's 17 house one time, but I've got to ask you this. You never 18 traveled anywhere with Mr. Epstein, did you? 19 A. No. 20 Q. You never left the state to meet with 21 Mr. Epstein, did you? 22 A. No. Heard other girls did. 23 Q. Okay. Ms. Sanchez just reminded me of a 24 question I forgot to ask. 25 You never spoke to on the HOUSE OVERSIGHT 012265sor 81 Associates litnporxin$and Thall014492i. TIM Page ll 1 telephone at any time, did you? 2 A. No. 3 Q. Thank you. 4 So I think what I'm hearing you tell me is 5 that your going over there was entirely voluntary; it was 6 consensual on your part? 7 A. It was consensual on my part, yes. Q. No one told you that you had to dress in 9 any particular way? 10 11 12 13 A. No. I was wearing jeans and a tee shirt. Q. Kind of like today, right? A. Exactly. Q. Now, you were told that you didn't have to 14 take your clothes off, right? 15 A. Yeah. She was -- well, they told me it was 16 up to me. They said that it was just going to be a 17 massage. They didn't tell me anything further than that. 18 They said if he did ask me, it was entirely up to me. 19 Q. Right. 20 A. And that was that. 21 Q. Right. And you were told you could say no 22 to anything if anything was asked? 23 A. Yes. 24 Q. And that was clearly the atmosphere that 25 existed when you went to the house? atIreeilard411A-NalSOIS04.1%40.13¢,drkracaliM.YAioftWah.ekapkU.SA.42.4.,f...5.0,—..1 HOUSE OVERSIGHT 0122665or & Associates R.oputibg and Trearoxiptiva, w. Anything that was done was totally your Now you never -- during the one time that you were with Mr. Epstein, you never told him at any time that you were uncomfortable with him in any way, did you? You weren't afraid to say no to him about Nothing. Or anybody. Did he ever touch any of your private parts MR. GOLDBERGER: Let's go off the record (Discussion held off the record.) MR. GOLDBERGER: Back on the record. Egliiimanscidatetia1=.360#0.13.1.6aldsvagrAW 041.4.464......acomee* HOUSE OVERSIGHT 012267nsor & Associates ReportinandThairsui. 'pfto,Irtzt !Ag la tbilW4Ogr kOW . .... 140.4614P,,, Page 13 Ckx his chest and his 3 Q. Okay. Now while you were with Epstein, did 4 he touch his penis at all? 5 A. No, he did not. 6 Q. Did he masturbate in front of you? 7 A. No. 8 Q. And you didn't touch his penis, I assume? 9 A. No. 10 Q. You didn't help him masturbate? 11 A. No. 12 Q. And certainly -- 13 A. Sorry. He was too old. 14 Q. I hear you. And I'm sorry to ask these 15 questions that are so obvious. 16 A. It's your job. 17 Q. Mr. Epstein did not have any sex with you 18 in any way? 19 A. No. 20 Q. You didn't have any kind of oral sex with 21 him? 22 A. No. 23 Q. Okay. Did Mr. Epstein ever penetrate you 24 in any way with his finger or anything? 25 A. No. awsnicaw-tIkkwe..,2136Ateadah.e. HOUSE OVERSIGHT 0122686ar & As5ociates FtripprtimF aid Tnamccriisiem, Tin Page 14 1 2 been telling me, that Mr. Epstein never threatened you in 3 any way? 4 5 Q. 6 a nice guy, right? 7 8 sit here and actually defend him, because I know he was 9 wrong for some parts maybe in his case, but as far as T 10 go, it was -- he was not threatening me. He didn't make 11 me do anything that I didn't want to do. I said no if I 12 didn't want to do something and -- 13 Q. 14 were there or anything like that? 15 16 Q. 27 you drugs of any kind? 18 A. No. 19 Q. Okay. He didn't offer you any alcohol? 20 A. Nothing. 21 Q. And I think you told me already -- but 22 let's make sure we're clear on the record, -- you went to 23 Mr. Epstein's house one time and one time only, correct? 24 25 Q. And I would assume based on what you've A. No. In fact, I think you described him as being A. He was a nice guy. I mean I'm not going to So clearly, you were not afraid when you A. No. All right. And Mr. Epstein didn't offer A. Correct. Q. And that's the only time that you've ever 3 J HOUSE OVERSIGHT 012269seen Mr. Epstein? A. Correct. 3 Q. Okay. And you certainly never called the police as a result of this? A. No. 6 Q. And you never contacted the State Attorney's Office? A. No. POUWARAMWO*V0 12 13 0024r ny6A with 14 0#0ggOoOtgg 15 No besides M. which was my best friend. 16 I always talked to her. She asked if I ever wanted to go 17 back again and I told her no. And she was just asking me 18 that as a friend question, not to ask me if I was 19 actually willing to go back over there. 20 Q She wasn't speaking as a representative of 21 Mr. Epstein? 22 A. Right. 23 Q It was just a friend -- 24 A. Right, just a friend conversation. 25 Q Okay. Now before you went over there you .666Nthatftta6W66140NY. HOUSE OVERSIGHT 012270sor & Amoco es Thwlimg and Trasimiptim, rao. HOUSE OVERSIGHT 012271sor &A55 ociates Ropod44mill-eivaivicca,bizi, Page 17 2 4.44.11C.'m 0!49.11!*4§'*ACP!gA.M.X.W:*iggt 2 3 4 on what your boyfriend had done to you and you wanted to 5 get paid for this massage? 6 A. Correct. He swiped out my bank account and 7 I needed a way to come up with $200 that was over my 8 bank. So I'd get paid 300. I put 200 in my bank and I 9 believe I gave a hundred for taking me. 10 Q. Given your debt situation, it was important 11 to you to convince Mr. Epstein that you were over 18, 12 because you wanted to do this job? 13 A. Correct. 14 Q. Gotcha. Okay. 15 Believe it or not -- let me just check with 16 ms, Sanchez, -- but I think I've got everything covered 17 here. 18 A. I don't believe it was so much Epstein as 19 it was the girls that were working for him, that were 20 bringing in the service, because the girls were the ones 21 telling everybody to lie, to bring in the business so 22 that they could get paid. I know he was traveling them 23 back and forth and renting them rental cars. 24 Q. So I think what you're telling me is that 25 you really believe that Mr. Epstein was relying on what Q. Okay. And clearly, you had some debt based 1 1 HOUSE OVERSIGHT 012272sor & Associates R*Td Treatudoice, Tap. Page 18 1 the other girls were doing to make sure that the women 2 that were brought -- 3 A. For the most part, yes. I believe that -- 4 I mean of course that this is what he wanted and this is 5 what he set up. 6 Q. Uh-huh. 7 A. But I believe he had the girls doing all 8 9 10 11 8 the work for him, so that they were the ones that were more getting in trouble for bringing in the business than him. BbU t„:41:4, 'OU eATI-olga FP An. on re over the a X!A4A. Anmtltnoxmoz0 ilin amerybo. 1Tafrnm.:'....':Mhat4ttektlbws 19 Q. Correct. 20 Okay. You've understood all the questions 21 I have asked you today, right? 22 A. Yes. 23 Q. Any questions about what I've asked you? 24 A. No. 25 Q - Okay. I really, really appreciate your HOUSE OVERSIGHT 012273sor &Associates llyporting and Travaipfm, hich Page 19 1 coming in here today. We got this done much quicker than 2 if we had to go to the courthouse to do it. 3 A. Thank you. 4 Q. I didn't coerce you in any way to give any 5 particular answers, did I? 6 A. No. 7 Q. All I asked you to do was tell the absolute 8 truth? 9 A. I'm fine. That's good. 10 Q. And that's what you did, you told the 11 truth? 12 A. Told the truth. 13 MR. GOLDBERGER: thanks so much 14 for coming in today. I appreciaLe it very much. 15 THE WITNESS: No problem. 16 Nis. SANCHEZ: Thank you. 17 (Thereupon, the sworn statement was 18 concluded at 12:15 p.m.) 19 20 22 22 23 24 25 telcutoLtptetbat..c. 3 HOUSE OVERSIGHT 012274nor 82. Associates RoporengoadTramiriptipp,MEs. Page 20 1 THE STATE OF FLORIDA, ) 2 COUNTY OF PALM BEACH. ) 3 4 5 6 7 of March, 2008 and was duly sworn. 8 9 10 of March, 2008. 14 I, the undersigned authority, certify that personally appeared before me on the 21st WITNESS my hand and official seal this 22nd day Judith F. Consor, FPR 15 Notary Public - State of Florida 16 17 18 19 20 21 22 23 24 25 k.Ria=12M60239.61o.6.0.16.4,31Ali....0.2E1**1.4114,31DiGsedankaa.6.4.051ltiL>bia HOUSE OVERSIGHT 012275sor & Associates Refportimgclit Trommiplion,IED, Page 21 1 2 CERTIFICATE The State Of Florida, ) 3 County Of Palm Beach. ) 4 5 I, Judith F. Consor, Court Reporter and Notary Public in and for the State of Florida at large, do 6 hereby certify that I was authorized to and did stenographically report the sworn statement of JENNIFER 7 LADUKE; that a review of the transcript was not requested; and that the foregoing pages, numbered from 1 8 to 19, inclusive, are a true and correct transcription of my stenographic notes of said sworn statement. 9 I further certify that said sworn statement 10 was taken at the time and place hereinabove set forth and that the taking of said sworn statement was commenced and 11 completed as hereinabove set out. 12 I further certify that I am not an attorney or counsel of any of the parties, nor am I a relative or 13 employee of any attorney or counsel of party connected with the action, nor am I financially interested in the 14 action. 15 The foregoing certification of this transcript does not apply to any reproduction of the same by any 16 means unless under the direct control and/or direction of the certifying reporter. 17 18 19 20 21 22 23 24 25 DATED this 22nd day of March, 2008. arie Judith F. Consor, Court Reporter Florida Professional Reporter HOUSE OVERSIGHT 012276or & Associates Uppreagat4Troinawilliva, Int% Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 Parse 22 HOUSE OVERSIGHT 012277sor & Associates RopotiNI Trawriggica, /PP. Page 23 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 HOUSE OVERSIGHT 012278sor &Associates RpparIbg Tronwzipliosi, Eti Page 24 It Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 HOUSE OVERSIGHT 012279sor 82. Associates .Roportits. aa4 Tpxygoriptim,Ii Page 25 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 HOUSE OVERSIGHT 012280TAB 6 HOUSE OVERSIGHT 0122812007-04-25 .TXT 1 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 STATE OF FLORIDA 3 STATE OF FLORIDA, 4 vs. 5 JEFFREY EPSTEIN, 6 Defendant. 7 8 9 TRANSCRIPT OF TAPED STATEMENT OF 4-24-07 10 11 12 13 14 15 16 17 Transcribed by: vicki S. Woodham, Court Reporter 18 Notary Public, State of Florida Consor & Associates 19 1655 Palm Beach Lakes Boulevard, Suite 500 West Palm Beach, Florida 33401 20 Phone - 561.682.0905 21 22 23 24 25 Page 1 HOUSE OVERSIGHT 0122822007-04-25 TXT 2 1 (Taped statement as follows:) 2 AGENT RICHARDS: This is Special Agent Jason 3 Richards with the FBI along with Special Agent 4 Nesbit Kirkendul and Assistant United States 5 Attorney Marie Bilafonia here to conduct an 6 interview with Ms. Also present is 7 her attorney, Jim Eisenberg and Carrie Sheehan. 8 MR. EISENBERG: And we are here -- This is Jim 9 Eisenberg and my investigator, Ms. Sheehan is here. 10 And we're here pursuant to a subpoena that was 11 served on me for and that's why we're 12 here. So Ms. Bilafonia, it's your show. 13 MS. BILAFONIA: Okay, great. 14 AGENT RICHARDS: I also want to add that the 15 date is 4-24-07, and the time by my watch is 4:21 16 p.m. 17 BY AGENT RICHARDS: 18 Q. we just want to start off and I'll lead 19 off first. We just want to get some basic info about 20 you, simple stuff. I've got your date of birth as 21 is that correct? 22 A. Yes, sir. 23 Q. I just want to get like your basics like that 24 stuff first. Your current address? 25 A. Page 2 HOUSE OVERSIGHT 0122832007-04-25 TxT 3 1 2 Q. You have a cell phone or -- 3 A. 4 Q. And home phone? 5 A. Only cell. 6 Q. Only cell, okay. Now have you had other cell 7 phone numbers in the past and do you know any of those? 8 A. that's the only one I can remember. 9 Q. Okay. But you had some others? 10 A. Uh-huh. 11 Q. Okay. 12 BY MS. BILAFONIA: 13 Q. Who's your service provider? 14 A. Metro. 15 Q. metro. And for that other number as well? 16 A. Yes. 17 BY AGENT RICHARDS: 18 Q. Where did you go to high school? 19 A. 20 Q. And what year did you graduate? 21 A. 22 Q. What year was that that you dropped out, do you 23 remember? 24 A. No. 25 Q. What year were you supposed to graduate, your Page 3 HOUSE OVERSIGHT 0122842007-04-25 .TXT 4 1 class? 2 A. 3 Q. Okay. 4 A. I had got my GED. 5 Q. when did you get that? 6 A. About three months ago. 7 Q. And are you going to college anywhere 8 currently? 9 A. Not right now. 10 Q. Plans? 11 A. i have plans. 12 BY MS. BILAFONIA: 13 Q. Where are you thinking about going? 14 A. I'm not positive what I want to do. There's a 15 lot of things on my mind, but right now I'm focusing on 16 my son. I have a two year old so right now I'm just 17 working. 18 AGENT RICHARDS: He's a handful? 19 THE WITNESS: Yeah. 20 AGENT RICHARDS: I have one, too. 21 THE WITNESS: Yeah. So in the future, I'm 22 definitely going to go to college. I'm going 23 definitely going to go to school. But I have, you 24 know, a modeling career going on right now that's Page 4 HOUSE OVERSIGHT 0122852007-04-25 TXT 25 hopefully going to -- some of you will notice me, 5 1 hopefully, and that would be great, but i don't 2 know. 3 BY MS. BILAFONIA: 4 Q. Where else are you working? A. I work for Advanced cleaning systems. They 6 clean carpets. 7 AGENT RICHARDS: Advanced what was it? 8 THE WITNESS: System Cleaning. 9 BY MS. BILAFONIA: 10 Q. And where are they located? 11 A. Las Palmas, 11 Swanee, S-w-a-n-e-e, Swanee 12 Drive. 13 Q. Are you working in an office there or do you go 14 out to people's homes? 15 A. I work in an office there. 16 BY AGENT RICHARDS: 17 Q. Obviously, you know why we're here and what we 18 want to talk about. so let me just kind of lead into do 19 you know Jeffrey Epstein? 20 A. Yes. 21 Q. Yes, of course, you do. Now when did you meet 22 Jeff? Does he go by Jeff or Jeffrey or -- 23 A. Jeffrey. Page 5 HOUSE OVERSIGHT 0122862007-04-25 .TXT 24 Q. okay. When did you meet him and who introduced 25 you to Jeffrey? 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A. JeffreY- Q. My girlfriend Do you know her last name? oduceci me to A. No. she was a friend of one of my friends, so really didn't know her. BY MS. BILAFONIA: Q • when was that? A. I really couldn't tell you. I don't even remember. It's been so long ago. BY AGENT RICHARDS: Q. So introduced you to him. Was it at a party setting or how did you guys meet? A. No. She came to me and she said hey, would you like to make a couple dollars and I said sure. I said doing what? She said, Well, I know this Jeffrey. He lives on Palm Beach Island and I bring girls there and he likes massages and I was like okay. So I asked her, I said well, what about my age? And sh said well, juct ].:64 gAh4X, 4.10#4 fake ID .. -.0!aloin„ th8re. Q. Okay. And about what time period was it that Page 6 HOUSE OVERSIGHT 0122872007-04-25 TXT 22 you went over there first, do you remember? 23 A. What time period? 24 Q. Yes. As far as what year was that that you 25 were in school? 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A. I was 16 Q. Sixteen. BY MS. BILAFONIA: Q. Were you a freshman or a sophomore, do you remember? A. I couldn't tell you. I couldn't tell you. Probably a sophomore. Q. Now you said that... Awl-0104440g Did she elaborate on massages? ld 001#05 what types of sometimes he likes topless masges, ave to do anything you don't wan 1§i Q. And do you know whether massages? A. Yeah, she said she's done it before. Q. And do you know whether had taken any other girls over to see Jeffrey? A. Yes, she probably did. Q. Did she tell how much you would make? Page 7 had given him HOUSE OVERSIGHT 0122882007-04-25 IIIIII[TxT 21 A. Yes. 22 Q. what did she tell you? 23 A. We go there and we make $200 in 30 minutes. 24 Q. Now you said that you asked her, you know, what 25 do i need to be worried about my age. whsodficioagz 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A. Because I don't want to be -- you know, it was like I was underage and I was young and I was pretty stupid and I didn't want to get -- I didn't in trouble, so.. I alwaysA4010& aroma e. atE want to get make 14:004*.i.7 ecause, 6AW BY AGENT AGENT RICHARDS: Q. Now did she -- at? In school? What setting? A. I wa at a frinif whe 04.0100 m girlfriend's house. I don't know what girlfriend's house it was. Everybody was just hanging out. And she said -- she came up to me and she asked me. She said, do you want to make a couple bucks and I said sure. Q- 40 Aft0t8 there to meet r 40.4# Page 8 e. took .you over,; u again HOUSE OVERSIGHT 012289set up any appointments with him.. or anything--1-1.4r.: that?' o, I gave 3ffrey mynumbertime you want me to give you a massage again, than welcome to. 9 1 BY MS. BILAFONIA: 2 Q. So took you that first time, but then 3 after that you communicated directly with Jeffrey? 4 A. uh-huh. 5 Q. Tell us about that first time that you went to 6 his house. Who -- how did you get there? 7 A. one of 11111111s friends and they dropped us 8 off and then we went. You know, we got escorted up to 9 the massage room and he told me everything. He said, 10 Listen, I like massages. And we had the whole massage 11 table laid out, the lotions and everything. And she was 12 in there for the first like five minutes. And the first 13 time I gave him a massage, she left the room and I gave 14 him a massage. And she told me, she says he likes women 15 topless massages. so I willingly the first time took off 16 my top when I gave him a massage and nothing more than 17 that. og Hffiaiihie Page 9 HOUSE OVERSIGHT 0122902007-04-25 18 was out of there. 19 Q. Okay. Let me just ask you a couple of 20 follow-up questions. You said that someone escorted you 21 up to the room. Do you know who that was? 22 A. one of -- what's her name? Actually, 23 just said, you know, it's up there and she just told 24 me where it was. 25 Q. And then you said that you and went 10 1 upstairs together? 2 A. Uh-huh. 3 Q. And stayed in there for the first few 4 minutes? 5 6 7 8 9 10 the room or did he come in after you were already there? 11 A. iWW4 ri the room al ready 12 Q. And you said that you took your top off. Did 13 anybody ask you to take it off, like did say it's 14 time for you to take it off? 15 A. No, she wasn't in the room. Page 10 A. Uh-huh. Q. Was Jeffrey already in the room by the time •left? A. Yeah, he was in the room. Q. Okay. Was he there when you guys showed up in HOUSE OVERSIGHT 0122912007-04-25 TXT 16 Q. 17 18 19 20 21 22 that 23 24 25 his massage? A. By the time you took it off, okay. salci, T told;Jeffrey: massages topless.:. And hes *,7r 0flrt h4Oomv 46046 ............... w. -01 Q. ing1Y O.: okay. And during that first massage, you said you gave him a shoulder and neck massage? A ick back shou1der Otik Q. was he face down the entire time that he got 11 1 A. Yeah. 2 Q. And what did you do during the massage? Did 3 you talk or -- 4 A. Yeah, we talked. 5 Q. And what would you talk about with him? 6 A. Well, we were just getting to know each other. 7 we talked about how my lifestyle was, what he did for a 8 living and just all positive things, really nice things. 9 Q. okay. what was he wearing when you first came 10 in the room? 11 A. I'm sorry. When he first -- when he first came 12 in the room, he was fully clothed. And then he said, you 13 know, wait a second. I'm going to go on the massage 14 table and he put a towel over him just like a normal Page 11 HOUSE OVERSIGHT 01229215 16 17 18 19 20 21 22 23 24 25 massage or after the massage he gave you? 2007-04-25 TXT masseuse would do. Q. Did he undress and put a towel around him? A. uh-huh. Okay. VOOMifOiranyrttng it as Q. A. neck and shoulders. Q. And after the massage was over, you received the $200? A. He gives money right away. Q. I'm sorry. Was that before you started the 12 1 A. The first time, he gave me the money right 2 away. 3 Q. Okay. And he's the person that paid you the 4 $200? 5 A. No, it's always 6 Q. gave you the money? 7 A. Uh-huh. 8 BY AGENT RICHARDS: 9 Q. What's 's last name, do you know? 10 A. I don't know. 11 MR. EISENBERG: You can't look at papers. If 12 you think you know, you know. If you don't know, -- Page 12 HOUSE OVERSIGHT 0122932007-04-25111111ITXT 13 THE WITNESS: No, I don't know. I don't know 14 's last name. He does. 15 BY MS. BILAFONIA: 16 Q. Okay. The only thing I'm confused about is you 17 said that didn't even take you upstairs. She just 18 told you where you should go? 19 A. Uh-huh. 20 Q. So when did she pay you the money? 21 A. She paid me then and there when I first walked 22 in the door, me and 23 BY AGENT. RICHARDS: 24 Q. She paid you before you went upstairs? 25 A. Yes. 13 1 BY MS. BILAFONIA: 2 Q. And how much was paid? 3 A. Everybody got paid $200. 4 Q. And after -- So after the massage was finished, 5 you said that you had already been paid. Who asked you 6 for your name and telephone number? 7 A. Jeffrey said, well, I'd like to see you again. 8 Can I have your number? From what I remember, I'm pretty 9 sure he asked me for my number and I gave him my number. 10 Q. Okay. 11 BY AGENT RICHARDS: Page 13 HOUSE OVERSIGHT 0122942007-04-25 TXT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Did he write it down upstairs? He had a pen handy, I hope? A. uh-huh. BY MS. BILAFONIA: Q. On that first massage, you said that you worked on him topless. But when you first started, did you take -- what were you wearing? A. 3R4PW I was wearing og massages. noñiial shirt assagearid And, of course, h• 6000P P' And he's like yeah, I do i prefer that. And who wouldn't, you know? so i said okay and I took it off. Q. And you took off your bra as well? 1 A. Yes. 2 Q. And you left your jeans on? 3 A. Yes. 4 Q. okay.SQ gave hr 5 6 A. 7 Q. 8 A. 9 jpgapgplaIng yer: the Massag Q. So you said that that day you gave your name Page 14 14 HOUSE OVERSIGHT 0122952007-04-25 IXT 10 and number to Jeffrey. When was your next contact from 11 him or anybody who worked for him? 12 A. The next day, he had called me and he said 13 would like to come out again and I'd like to see you 14 again. I said sure. I took a taxi there and I went 15 there again. 16 17 18 Q. Okay. MENCOMANVOMOOFis the pmrsor 19 who called you for that appointrnent,, 20 A. No, 1000W 21 called me From what I remember,M4.044fItig41110 22 4WW 23 Q. okay. And she said Jeffrey says he wants to Q. The following day? A. The next day. 24 see you again? 25 A. Yes. 00414.0 15 1 Q. And then you said you took a taxi? 2 A. Yes. 3 Q. Is that how you would normally get to and from 4 his house? 5 A. uh-huh, if I didn't have friends because I 6 don't drive, yeah. 7 BY AGENT RICHARDS: 8 Q. How did you get home the first time when Page 15 HOUSE OVERSIGHT 012296A. No, no. t:iiii4614k4aliiiii paid for my own taxi. Q. 2007-04-25 =.1-x-r 9 took you over? Did she get a taxi? 10 A. No, our friend came back and picked us up. 11 Q. which friend was that? 12 A. His name was Brian. I don't know his last 13 name. I really didn't know and I didn't know her 14 friends or whatever, but I met Jeffrey. And once I met 15 Jeffrey, he was a very awesome guy and I just -- I don't 16 know. I ended up giving him my number so I could -- 17 didn't want or Brian to drive me anymore. 18 would rather go to him on my own. 19 BY MS. BILAFONIA: 20 Q. When you would take the taxis to and from, 21 would he pay for them? 22 A. uh-huh. 23 Q. And he would pay when you arrived? 24 A. uh-huh. 25 Q. And then he would just give you extra money 16 1 when you left to pay for the taxi? 2 3 4 5 the massage? 6 A. TWO hundred, yeah. Page 16 :ram.cmg: okay. so from the money that he paid you for HOUSE OVERSIGHT 0122972007-04-25 .TXT 7 Q. Where were you living at the time? 8 A. I was living at It's 9 located on So I would take, you know, 10 straight down to where I lived. 11 Q. Do you remember about how much that taxi fare 12 was each way? 13 A. Twenty dollars. 14 Q. And did you always use the same taxi service 15 or -- 16 A. No, I used different taxis all the time, so -- 17 Q. And you would just call and have them come to 18 your house? 19 A. Uh-huh. I used a whole bunch of different 20 taxis, whatever is available. 21 Q. So you mentioned that the second massage, was 22 it any different than the first one? 23 A. Yes. 24 Q. How was it different? 25 A. When I went there, I went there by myself. And 17 1 I went up to the massage room and Jeffrey was just like 2 regular like he was before on his stomach and he had a 3 towel over and we started the massage and 4 off willinoly And after the massage, 11.9409. 5 you c.omfo.rtabl' Page 17 HOUSE OVERSIGHT 0122986 this an I Said 7 8 9 10 11 12 13 14 2007-04-25 he turned anuun d. And this was like at the end of the massage, our 30-minutes massage, usually it was even shorter than that. And he masturbated at the end of the massage and it was like two seconds and I was just topless. Q. And when he turned over, the.n did he touchfie.0 at al or was he just -- A- W i didE#020405Ehim. He dd not touch AC He didn't even want 15 Q. 16 *OEMO 17 A. 18 Q. 19 A. 20 *0401: 21 22 23 24 25 Q. nipples during the massage? A. Actually, later on -- because I saw him for a long time. Later on, I asked him, you know, and I asked him -- I would give him -- you know, I would rub his You didn't like continue the massage while he yokaileW4OSIMOOT okay. I cut you off. You said he didn't even? He didntt want me to touch hi idn*t Did he ever ask you to rub his chest or rub his 1 chest or whatever and massa 2 masturba 3 Q. Ida so eventually you would continue the massage Page 18 18 HOUSE OVERSIGHT 0122992007-04-25111111TxT 4 and he would masturbate at the same time? 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yeah, but it wasn't on his lower area. Q. No, you never touched his penis? A. Rig Q. You were paid $200 again? A. Always. Q. Always? Every time you went there? A. Always. BY AGENT RICHARDS: Q. was it always that paid you? A. Sometimes Jeffrey would and sometimes would. BY MS. BILAFONIA: okay. So that was during the second massage. Q. Was it usually before or after the massage? A. After the first time, it was always after. would go downstairs and I'd get paid. Q. So just sort of tell us, when a massage ended, which assume was after A. It WaSn' Q. Okay. A. It wasn't like he ejaculated? hough, every time we went there he 2 sometimes he.just wanted..back masage. 19 HOUSE OVERSIGHT 0123002007-04-25 TXT 3 Q. 4 okay. But when the massage was over however it ended, you would just get dressed and go downstairs by 5 yourself or did take you downstairs? 6 A. 7 great. 8 with us 9 WWWAII 10 11 12 A. 13 you. 14 15 or more than once a week? 16 A. Yeah. 17 Q. 18 A. 19 20 21 22 23 24 25 More than once a week? Personally woo Q. Okay. gave Jeffrey? Yeah. The chef would make us food and it'd be And Jeffrey would get dressed and he'd come down sometimes or, you know, it wasn't -- we had fun. OW How many massages do you think that you reY a 1 massages. saw him 0:00041W4E, can't tell Q. And how many times -- would you see him weekly d bring girl S. Q. okay. But either you would or either a girl that you brought? A. Yeah, uh-huh. Q. Okay. A. But after a while, it wasn't me anymore. I had brought girls, but I got paid $200 to bring girls. Q. Okay. So let's talk just about when you were Page 20 20 HOUSE OVERSIGHT 0123011 2 3 his feet massaged. 4 massage sessions? 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. 14 Off .. . . e: ikithf.64Z t0440.0$61' t440 iked back massages. Sometimes he ssages. h cf s ea massage a 2007-04-25 Il.TXT performing the massages. what other sorts of things would happen? You said that sometimes he would just like Sometimes he likc.•his head massage& massages And it wasn't ever there he iisturbated.' Q. Okay. Ally idea th e th sturbate sgat6ti astur a cf ways perfo less . , . . . Id you eve I. get comPl etel A. Q. A. ot ing? Willinqiy. one time ing jOkes an rYtni and: wi:flin otally nude, hut r was fine Okay. Totally fine with it. And how did that massage go? Actually, 'it was a foot massa Page 21 HOUSE OVERSIGHT 0123022007-04-25 TXT 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -00f64-!,, 4go.r.1114, *041i400A0N1140AW0400 Q. And how much were you paid for that? A. Two hundred every single time. DOV4144640$0040100Vtouch4004-Wot 4t0g00#10004060g Q. A. Never, never. Okay. Q. BY AGENT RICHARDS: Q. why not? A. Why not? Why would he? Q. You seem like a nice young lady, attractive. He never had any urges to -- A. I asked him, I said, when are you going to get married? when are you going to get married, Jeffrey? He said, I'm never getting married. He has, you know, beautiful women all the time. why would he -- no, huh-uh. BY MS. BILAFONIA: 1-M-110).Mr1P41I04400 y4yRi: Q. v4iWO .w400046.4i4E Okay. Now you said that at some point you ven started bringing other girls over? Page 22 WAT erx nP ever. HOUSE OVERSIGHT 012303We just, A- toPless massages. 2007-04-25 TxT 22 1 A. uh-huh. 2 Q. How did that start? 3 A. He likes to see different faces. 4 Q. So he asked you if you had friends that 5 could bring over or other girls? 6 A. 7 8 0000Ott uh-huh. you 9 A. All of90.-000i100100 if. 10 fia b0.650300W100 11 ii6t4WWWWW6405fft6e6244466W444 12 13 14 15 16 17 18 19 20 21 22 23 Q. And did any of them tell you what happened 24 after that? 25 A. Always, always, I even asked them. 0040, know 1 iris OWIROC es massages, u ,re not corn 0 r- 013or Oft make sure °use? Page 23 giV; HOUSE OVERSIGHT 0123042007-04-25 TXT 23 1 2 3 4 5 6 7 Q. Okay. And with the other girls, was it the same as what you did or different? A. Yeah, yeah. I mean, well, I was more willingly to do more, you know. Like I said, one t'me But the o .Lop.l es d that's al 14,11t •nu they Practical osOk6kW11041t4A0g Some girls n't want to 3effrey didn't 8 OallT,X 9 Q. Were there girls that you brought back multiple 10 times? 11 A. A couple, a couple, but he really liked to see 12 different faces. 13 Q. okay. I'm just wondering are there some girls 14 he really liked and others he didn't like or did he have 15 any preferences in terms of blondes, brunettes? 16 A. He liked girls like me. 17 Q. Okay. Thin and attractive? 18 A. I guess. Yeah, very attractive women. And he 19 thdnt say girls He said women all th ttme 20 Q. Did you ever bring anybody he didn't care for? 21 A. Huh-uh. 22 Q. Yeah? 23 A. Yeah. 24 Q. How was she different than the others? 25 A. Black. I screwed up. Page 24 HOUSE OVERSIGHT 0123052007-04-25 TXT 24 1 Q. How did you know you screwed up? 2 A. He doesn't like black women, obviously. 3 Q. So he let you know? He told you that? 4 A. Yeah, but he was still nice and he still gave 5 her her 200 even though he didn't even have a massage by 6 her. 7 Q. How did he -- he paid you $200 for bringing 8 each girl? 9 A. uh-huh. 10 Q. And when he told you that, 1 mean, that's what 11 he told you that he would pay you $200 for bringing the 12 girls? 13 A. Yeah. He said if you bring me -- if you bring 14 me girls, ill definitely, you know, give you money, 15 compensate you for your time and willing to do that for 16 me, yeah. 17 Q. And you said at that point you stopped 18 performing massages for him? 19 A. At that point, 1 didn't -- it would be 20 sporadically like. Usually, 1 had so many girlfriends at 21 the time that, you know, there were some new faces to be 22 saw. And if no one was available, then would go. 23 Q. 1 got you. 24 A. So -- 25 Q. Do you know some of the girls that you brought, Page 25 HOUSE OVERSIGHT 0123062007-04-25 =.-Da- 25 1 some of the their names? 2 3 4 A. don't remember, really. They were like not even friends. They were just associates, you }mow. if 'lends of friends, Sc 5 Q. we have -- I don't know. We have some messages 6 I guess that some girls' names that would call Jeffrey 7 and leave a massage. There's some girls names that are 8 referenced. we were just wondering if you knew them? 9 A. If you name them, I can probably remember. 10 MS. BILAFONIA: Jason, do you have that? 11 BY AGENT RICHARDS: 12 Q. is one. 13 A. I don't know Do you know her last 14 name? 15 MS. BILAFONIA: We were hoping you did. 16 THE WITNESS: No, I don't. 17 BY AGENT RICHARDS: 18 Q. 19 A. No, that sounds like a black girl's 20 name. 21 Q. Well, you brought a black girl. what was her 22 name? 23 A. I don't know. Don't ask me. 24 Q. Page 26 HOUSE OVERSIGHT 0123072007-04-25 TXT 25 A. yeah, i brought 26 1 2 3 4 5 6 7 8 9 10 Rbbie 11 MW0A4A_A 12 13 14 15 Q. 16 17 18 19 20 21 22 23 Q. Who is she? Tell us about A. sabrina, we look just alike, if that's the girl I'm thinking about. we went to school together and I brought her one time and then she ended up moving so she couldn't come with me. Q. were you guys in the same grade or -- A. No, she was older than me. A year or two? A.Actually, • don't e was like, you know two ranks. Q. Q. So when you were a sophomore, she was a senior? A. i just met her in school and I told her. BY MS. BILAFONIA: what was her last name? A. I don't know. BY AGENT RICHARDS: Q. Do you know where she lived? A. I just met her in school and I told her about it. Q. YOU told her about it at school? Is that where your discussion was or -- A. Well, I said give me your number. I said you can make a couple of dollars. It's real easy. And if Page 27 HOUSE OVERSIGHT 0123082007-04-25 .TXT 24 you're comfortable with it, give me a call. 25 Q. Was that at'Lklikier6ei4Faa 27 1 A.No, t school 2 Q. At school. You're not sure what her last name 3 was? 4 A. I have no idea. 5 Q. Do you know where she lived or anything like 6 that, what car she drove? 7 A. No. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q. what'd she look like? A. What she looked like? Q. Yeah. A. Like me, everything, • . (Start Side B of tape.) AGENT RICHARDS: hair, eyes. Time recorder is being restarted is approximately 4:50 p.m BY MS. BILAFONIA: Q. We were talking about You were at at the time? A. No, I was at Q. okay. A. And that's where went to school. Q. what about a girl namedM? Page 28 HOUSE OVERSIGHT 01230922 23 24 25 A. BY AGENT RICHARDS: Q. A. 2007-04-25 who? Did you bring a .4000,1* TXT 28 1 Q. I want to know about every one you brought. 2 A. well, one of them died recently, so -- 3 Q. What was her name? In a car accident or 4 something? 5 A. No, she died. unfortunately, she got shot in 6 the head. You guys probably heard it on the news. She 7 got shot in the head by this guy. I don't want to even 8 talk about it because I'll cry. 9 BY MS. BILAFONIA: 10 Q. Let's talk about the other 11 A. I don't even know. T don't know. I don't 12 know. There were some girls that just I would take one 13 time and then I would never talk to again, so i don't 14 know. 15 Q. How many girls do you think you brought to 16 Jeffrey's house? 17 A. That's a good question. I bring a lot, like 18 maybe -- I don't know, maybe 30, maybe 30. It was all 19 about the money to me at that time. 20 Q. Now any of the girls that you brought, did any Page 29 HOUSE OVERSIGHT 0123102007-04-251111111TxT 21 22 23 go through you? 24 25 A. They w Q. So you don't know? of them leave their names and numbers and then they would get appointments directly from Jeffrey or did they always 60004IT 29 1 BY AGENT RICHARDS: 2 Q. You weren't getting paid, right? 3 A. I told them, I said, Don't give him your 4 number. 5 BY MS. BILAFONIA: 6 Q. If you brought the same girl more than once, 7 would you get paid each time you brought them or just get 8 the initial $200? 9 A. Every single time I brought a girl, okay, or I 10 referred a girl, I always got $200, always. 11 Q. Even if she came a second time? 12 A. Yes. 13 Q. You would get $200 every time she came? 14 A. Yes. 15 Q. Good deal. Okay. What about? 16 A. who? 17 Q. Any that you brought to Mr. Epstein's 18 house. Page 30 HOUSE OVERSIGHT 0123119 10 11 12 13 14 15 16 17 2007-04-25 TXT 19 A. 1 brought a 20 Q. Where did she go to school? 21 A. she didn't go to school. 22 Q. okay. How did you know 23 A. been my -- she's my friend in the 24 past. How did I meet at a party or she was my 25 -- Actually, she was my baby's father's girlfriend at the 30 1 time and 40i1M: 2 Q. You asked her if she'd be willing to go to 3 Jeffrey's house? 4 A. uh-huh. 5 Q. And when -- do you remember when that would 6 have been? 7 A. Actually, a couple weeks, a couple weeks. I do 8 remember her. A couple weeks after I met him. Q. so you brought her pretty soon after you met Jeffrey? that A. Q. A. Q. A. Q. the uh -huh. Seventeen.And how old was -.—. And what happened when you brought The same thing. Okay. Well, I know that sometimes you said girls would tell you what happened? Page 31 HOUSE OVERSIGHT 01231218 19 20 21 22 23 24 25 2007-04-25 TXT A. She went in there. She had a massage -- she gave a massage on his back. she went a couple times. He liked her. She went a couple times. -0114g:A tI4MW.4: „:04.agg And then she went, I think, like two times after that. And yeah, he masturbated, but no touching. She didn't -- there's no touching of him. No 1 touching of her. 2 *1509MCMAG 3 tiofl 4 rspec- 5 *RONALwe wc 6 about it 7 8 9 10 11 call a taxi. 12 13 14 15 Q. 31 Problem and h Y'd 119 me) YoU know,•for us to go to Q. HOW would -- how would you make appointments for girls to go over there? A. I'd call them and they'd say hi, do you want to go to Jeffrey's house? And they'd say yes or no and we'd Q. How would you know when Jeffrey was going to be in town? A. when /KM 11 Did she always call when they were already in Page 32 HOUSE OVERSIGHT 012313A. well, I'd tell them, I'd say -- well, I mean, He'd have 2007-04-25 TXT 16 town or would she -- how far in advance would she call 17 you? 18 A. 19 Beach They never called me from anywhere They've 20 never called me from anywhere else. It was always when 21 was in Palm Beach. They'd say hi, we're down here. If 22 you want to come and see Jeffrey, you're more than 23 welcome to. 24 Q. So you wouldn't have like a specific time when 25 you would go over, like be here at 11 or be here at two? 1 2 I'd have to work around his schedule. 3 around mine. Yeah, we'd e there 4 11 5 6 7 8 9 10 chef would answer the phone. HiS maid would answer the 11 phone. That's -- 12 Q. But was the only one you talked to about 13 making appointments? 14 A. uh-huh, yeah. well, yeah, if Jeffrey wasn't Page 33 -i-hey only liT4*::0C01i0h:gtti4 .. . , were in Palm be there atever, to 32 work Q. no you -- I know that you said you talked to on the phone. was there anybody else that you would talk to on the phone? A. If Jeffrey wasn't there like if I'd call him to see how he was doing or whatever, you know, he had -- his HOUSE OVERSIGHT 0123142007-04-25IIIIIIITXT 15 available, they'd, you know, he said, the chef or you 16 know, whoever, said Jeffrey will get back to you. Yeah, 17 =L made the appointments. 18 Q. So when you were calling to talk to Jeffrey, 19 you were calling the house phone over in Palm Beach? 20 A. Uh-huh, yeah. 21 Q. And how often would you talk to Jeffrey on the 22 phone as opposed to talking to one of his assistants? 23 A. Me and Jeffrey hardly ever talked on the phone. 24 He was always busy. It was mostly We'd talk when 25 I would get there, you know. So it was like hey, do you 33 1 want to come in? Yes, cool, you know. Come there, no, 2 cool, bye. 3 Q. Do you know someone who works for Jeffrey named 4 ? 5 A. I think I met her one time. 6 Q. And what do you know about her? 7 A. She was there. And the person , 1 think, 8 I'm not positive, okay. I'm pretty sure she said that 9 she's from New York and she travels with Jeffrey, but I 10 think I met her one time, if that's the girl that rings 11 the bell, you know, in my head. Nadia I think is that 12 one person I met one time. Page 34 HOUSE OVERSIGHT 01231513 14 15 have a girlfriend or a steady? 16 17 18 girlfriend. 19 Q. 20 21 other than Jeffrey? 22 A. NO. 23 Q. 24 25 2007-04-25=11TXT Q. Now you said that you a teased Jeffrey about whether he was getting married. Did you ever know him to A. No, he told me he's never been married. He's never had a girlfriend and he doesn't want to have a ave A-AWAVOiOaii& Im#000t A. 19.0.k.xiA0611=:.,Siii0A0A0E11#0.0.1.0#00 once or twice, not thatIO#00 Were you ever asked to bring a girl for someone else like to give a massage to somebody else or to anyone -mtwire 34 1 Q. But anybody else, either any friends that were 2 in town or -- 3 A. No. See, my mother is a masseuse and I have 4 experience massaging and he always liked my massages. So 5 he told about my massages and she said, yeah, I want 6 a massage so I'd go over there. I think it was one or 7 two times and I gave her a massage. 8 Q. NOW when the girls were upstairs with Jeffrey 9 in the bedroom, what would you do? 10 A. The chef would make me carved tomatoes, put 11 some crab meat in it and I'd just eat, wine and dine. It Page 35 HOUSE OVERSIGHT 0123162007-04-25 .TXT 12 was wonderful, great. 13 Q. And when you would talk to the chef -- 14 A. Yes. 15 Q. -- would anybody else from the house be there? 16 A. Yes. I don't know their names. I can't 17 remember. There were like all these foreign girls from 18 -- like they're beautiful, beautiful models that are from 19 different -- they have accents. And no, but it was real 20 interesting because we'd talk. And, you know, I'd learn 21 a lot from them and they'd learn a lot from me just being 22 American. And no, every time I went there it was a good 23 time. 414 .t, 404IWiut atC! 0 arid swum or 24 'gwohjAt., 25 Q. And how long you would the other girl be ar the Po 35 1 upstairs normally? 2 A. Twenty, 25, 20 to 30 minutes. 3 BY AGENT RICHARDS: 4 Q. Back to is there anything else 5 about her that you can remember? You were friends with 6 her. She went three times, you think? Did she go back 7 without going through you to set up any appointments that 8 you know about? 9 A. I don't know. Page 36 HOUSE OVERSIGHT 0123172007-04-25 10 Q. Okay. Were there any othe1111111111that you 11 brought? 1 know you brought other or multiple 12 Britanys. 13 A. Yeah. I don't know. If you would say like a 14 last name, then I would probably remember, but I don't. 15 Q. Any 111111 Did you bring a=? 16 A. , yeah, that sounds familiar. Yeah, 17 yeah. 18 Q. IIIIIIIIIIIW 19 A. Uh-huh. 20 Q. What can you tell me about her? How old was 21 she? 22 A. She's older than me. 23 Q. Do you know her from school or -- 24 A. No. where did 1 meet her? 1 met her in my 25 neighborhood and I asked her if she wanted to go and 36 1 yeah,M. She was only there one time, though. 2 Q. Did she tell you how it went with him upstairs? 3 A. Yeah. 4 Q. What'd she say? 5 A. She said -- she's like ah, 1 don't know. 6 Q. She freaked out or something? 7 A. NO, no, but he didn't want her again. He likes 8 tall, slender and she was like short. Page 37 HOUSE OVERSIGHT 0123182007-04-25 .TXT 9 Q. what did she say about him? 10 A. she had fun. 11 Q. She had fun? 12 A. Uh-huh. 13 Q. What did she say happened up there? 14 A. 15 16 BY MS. BILAFONIA: 17 Q. Did you ever, either when you gave him a 18 massage or any of the girls, did you ever use a big back 19 massager or it was only manual massage? 20 A. No, it was only my hands. we never used 21 anything else. 22 Q. Now when you were working for him, when you 23 were going over to Jeffrey's house to give massages, did she as topless a just gave masse. climax or anything 24 you have a boyfriend? 25 A. Yeah, yeah. 1 Q. Okay. How did he feel about you going to 2 Jeffrey's house? 3 A. He was a jealous little boy, but he didn't 4 care. Bring home the bacon. 5 Q. what's your boyfriends? 6 A. Page 38 37 HOUSE OVERSIGHT 0123197 8 9 10 11 12 13 14 15 16 what you were doing at Jeffrey's house? 17 18 19 20 21 22 23 24 25 2007-04-25 .TXT Q. Now I know you that you mentioned that you had a baby. Is that the baby's father? A. No, no, thank God. Q. who is the baby's father? A. Q. Okay, And were you still going to Jeffrey's when you were pregnant? A. I would bring girls there when I was pregnant. Q. So did -- kit.0 A. ....... 4* 04000kabout Jeffrey actually threw me my baby shower and he got me furniture and a nice rattle for my son and just really nice things, I love mommy frames. Q. Was the shower at his house and did he attend? A. No, no, at my house, at my house. And no, Jeffrey wasn't there. He just sent to bring me gifts for the baby. Q. oh, okay. 1 BY AGENT RICHARDS: 2 Q. Did ever go over there with you? 3 A. No. 4 Q. He stayed away. 5 A. No, he didn't go, no. Page 39 38 HOUSE OVERSIGHT 0123202007-04-25 TXT 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 BY MS. BILAFONIA: Q. Did Jeffrey ask you about boyfriends? I mean, was he curious about -- A. Yeah, we always talked about everything, yeah. DO you have a boyfriend, yeah, no, you know. We talked like friends. I don't know. Just about our life stories. You know, he probably knows my whole life story. BY AGENT RICHARDS: Q. NOW do you still have contact with him or -- A. who? Q. Jeffrey. A. No, no one's allowing me. BY MS. BILAFONIA: Did he: YgO WOOIO to be400-dilr were aspiring to be? 16 at e and 2 can 3 Yor - 11 ry 40WII-141AieWOOW wanted to you aria bring you .!96ititlit.iiC)).#004Wit..0i;!!!lbadg#1.0.01- there, but c!!. Page 40 39 HOUSE OVERSIGHT 012321scre 2007-04-25 TXT always turned it down because I was 16 and 1........cii 5 that to get OLIt- 6 Q. What did you say to him? How did you put him 7 off? 8 A. I don't know. oh, well, I don't know. No, he 9 wasn't like begging me or anything. He asked me a couple 10 times and i said -- i just -- there was like no say about 11 it. I just -- I didn't go. And it wasn't like he asked 12 me all the time. He just it's a couple times he asked. 13 He said I'll bring you to New York or whatever we do and 14 we can, you know, try to fulfill your dreams, b 15 WNW Ardat IS50010460 44ANCA 16 17 18 any way? i mean, did he tell you if you want to be a 19 model, you know, this is going to mess with your chances 20 as a model or offer any -- 21 A. No. 22 Q. I'm wondering like how much was he giving you 23 advice? How much stuff were you really -- what did you 24 talk about? 25 A. After the baby, we didn't really even talk. th APR.* Q. Did -- when you got pregnant, did he react in 40 1 was -- I was totally -- I changed. YoU know, I was a bad 2 little girl and I totally changed. My whole life Page 41 HOUSE OVERSIGHT 0123222007-04-25 -IXT 3 changed. A couple times after I had the baby, I brought 4 a couple girls there. It was like two times. And then 5 me and Jeffrey really stopped talking. we just stopped 6 talking. I had my own life and he had his, so I don't 7 know. 8 BY AGENT RICHARDS: 9 Q. Did he ever make any arrangements knowing that 10 you wanted to be a model or were modeling? He has a lot 11 of connections with photographers and stuff. I mean, did 12 he ever set up any photo shoots or anything like that? 13 A. No. No, because he asked me if I would like to 14 go to pursue what I wanted to do, but like I said, for 15 the second time -- 16 Q. I mean in town here, not to travel to 17 for a shoot or anything? 18 A. 19 20 BY MS. BILAFONIA: 21 Q. Did you ever get money from Jeffrey when you 22 didn't either give a massage or bring a girl over? 23 A. Yes. 24 Q. Okay. When did that happen? 25 A. I had to pay rent and I was late on my rent. N; ,etause that because nt VW:A.4W like stooc Page 42 :now that New York ac 41 HOUSE OVERSIGHT 0123231 2 3 4 Q. 6 A. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 he gave you? 21 22 23 to choose one, so I chose one. 24 25 anything like that? 2007-04-25 M.TXT This was before the baby. And i asked him -- I asked him for like 300. 00v000#0t $500. I don't -- tell you how I got it. Q. A. anything) I thin couldn't R4:100t.:MW Was he there when you went to get the money? NO. Do you know was he in town or did you call him? don't even - '-remeM, remem e the house us Q. Was that the only time that he gave you money that wasn't connected either to a massage or to bringing a girl? A. He bought gifts for the baby shower. I can't remember now. Not off the top of my head, no. I never asked him for anything because I just felt -- I'm not like that, you know. I'm not a user and I'm not -- I don't like that. I've never asked him for money, so -- Q. What about presents, either birthday presents? You mentioned gifts for the baby. Any other gifts that A. Yeah, he gave me a -- he had went to Brazil and he came back with a whole bunch of bikinis and he told me Q. Any other gifts, Christmastime or birthdays or Page 43 HOUSE OVERSIGHT 012324/ ! 2007-04-25 TxT 42 1 A. No. 2 Q. Did he give any of your friends that you 3 brought gifts? 4 A. Yeah, the girl who died, He gave her 5 a bathing suit, too, from Brazil. 6 Q. We have some telephone numbers that we wanted 7 to ask you about. 8 BY AGENT RICHARDS: 9 Q. Just to see if you recognize these or if you 10 ever used any of these numbers that might have been old 11 telephone numbers for you at some point. I don't know 12 how many cell phones you may have had through the years. 13 See if you recognize any of those. 14 A. was my number. 15 BY MS. BILAFONIA: 16 Q. what was 's number? 17 A. 's? 18 Q. Yeah. 19 A. What, my baby's father? 20 Q. Yeah. 21 A. oh, I never knew his. Always I just, you know, 22 called him and I never knew his number. 23 BY AGENT RICHARDS: 24 Q. It was programmed in your phone? 25 A. Yeah. So I don't know. 1 just know Page 44 HOUSE OVERSIGHT 0123258 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2007 -04 -25MXT 43 1 because that was my old number like a long time ago. 2 BY MS. BILAFONIA: 3 Q. At the time that you were bringing girls over 4 to the house, were you also working a regular job? 5 A. I worked at City Pizza for a little while, but 6 no, kind of retired and splurged. I didn't have any 7 bills to pay. I saved. I put money in the bank, so Q. we had talked about _________________before. DO you know someone named A. Q. And who is that? A. i brought her a couple times. who is that? Q. I mean, did you go to school with her or how did you know her? A. oh, i had asked one of my friends. I said do you have any -- It was a guy friend. I said do you have any girls that are willing to give massages and I met up with her. I called her. I talked to her on the phone. met up with her and she said yeah, cool. Q- 4h4g460440igto01040104001t Iittifit#0 A •yeah, she wetit over there more She went over there an a coup U broug Page 45 HOUSE OVERSIGHT 0123262007-04-25 TxT 44 1 2 Q. 3 4 5 6 7 8 9 10 11 12 13 14 15 A NO- 16 Q No, one 17 A. No, no, 0 18 frorg 19 20 21 22 23 24 25 A. That I know of. That I know of, yeah. Okay. Did you ever tell any of the girls that they would be goingNigiii610CIA6.4 A. $6 I told them we were going to go Jeffrey's house and it's going to be a topless massage pretty much. Anything you don't want to do, you don't have to do and it's $200, badda-bing, badda-boom. You make $200 in 30 minutes. Q. e girls complain -4046 4.0000iCatWOO_ left 000: W Yu asked me that questio No 006hOW loved Z:; Q. No one called you and said, I think that you should call -- I think that we WOO OW00001t0$6 COO4t God. And who is that comiri Q. We just have phone calls that seem to contradict what you're telling us? A. oh, so you think that people came to me and said that I'm to call the police on Jeffrey? BY AGENT RICHARDS: Q. Was there anyone that thought that what Mr. Epstein was doing was inappropriate and was concerned Page 46 HOUSE OVERSIGHT 0123272007-04-25 TXT 45 1 2 3 4 6 7 food. 8 9 Q. 10 11 12 13 A 14 linderag 15 hopefully 16 does about that? A. Every girl ...a lii,;14,iiii •::, .ffrev, the:saidt 161 iiiiiilliiiiilli it. Arid ...................................... 'Wil!:......:'nr ni girkL.,60090gOillit40#1fh#C comeback for the money. And as far as I know, we all had fun there. ..0 Lye us free 400445413Rt40; mean, was there anyone that thought what he was doing may have been a little bit wrong? Not wanting to report to the police, but just saying, you know, that's kind of weird? 17 calling the cops. 18 BY MS. BILAFONIA: 19 20 21 22 was somebody shocked -- 23 24 25 because.: were But other than that, not Q. Was anybody upset that he was masturbating? know that you said you told them that they would possibly do the massage topless. They might have expected that. A. Yeah, of course. I mean, he always told them, okay, and i told them, too. r1..sai1d going to qo anythini at Page 47 HOUSE OVERSIGHT 0123282007-04-25 TXT 46 1 cOm ortable 2 3 4 5 6 7 8 9 10 BY AGENT RICHARDS: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A couple girls when they did come out of there, they're like oh, my God, I wasn't expecting all of that, but he always asked them and I asked them. They A say that you know he asked me are you OfiifiiftV e with this and thy1d say.yg.'§ Maybe they were scared, who knows. But yeah, they came out of there like oh, my God, that was kind of weird, you know, yeah. Q. Were any of them upset about it? A. Do they like regret it or something? Q. Just shaken up, you know, just kind of shocked? A. A couple of girls -- well, see, we were so young and Jeffrey didn't know that. Like the whole thing was shooken up when I brought them there. And see, uple times that I had whatever, if they were like shooken up, I'm like it's okay, you know. And they were like oh, I wasn't eY were li ONCW' ook up about But and afterwards like if he climaxed or Page 48 HOUSE OVERSIGHT 0123292007-04-25 .TXT 25 expecting that, but they told Jeffrey that, you know, 47 1 they were comfortable with it. If anything, you know, 2 maybe they were scared and they felt like obligated, like 3 they didn't want to say. I was thinking that they didn't 4 want to say like no, you know, I don't want to do that, 5 so who knows. I wasn't up there with them, so I couldn't 6 tell you. 7 BY AGENT RICHARDS: 8 Q. Who were the ladies who mentioned that to you 9 who were kind of shocked? 10 A. usually, the girls that I would bring like one 11 time and I wouldn't even see them again. 12 Q. Can you help me out with some names, though? 13 A. Huh-uh, no. I can't remember her name. She's 14 on the top of my -- oh, my God, I don't remember. 15 can't remember. 16 BY MS. BILAFONIA: 17 Q. 18 authorities? Nobody was that upset that called you or 19 spoke to you that was upset with what had happened to the 20 point that they wanted to report it? 21 A. W no if anything,thank None of girls wantec 22 because 23 BY AGENT RICHARDS: Page 49 _Pgm .0 the HOUSE OVERSIGHT 0123302007-04-25 TXT 24 Q. Do you know the names of some of the girls that 25 you brought? 48 1 A. Huh? 2 Q. Do you know the name of some of the girls you 3 brought other than the ones that we've talked about right 4 now? 5 •A. Like I said, I can't remember because usually 6 there -- 7 Q. There's about 30 of them, so you've got to 8 know -- 9 A. No, I don't know because there were girls that 10 I didn't even know so, you know, I just asked them. 11 said, Hey, would you like to make some money? Here's my 12 number. Do you want to make money? Here's my number, 13 you know, and that's how it went. So I don't remember 14 the names and I really didn't care to know their names, 15 anyway. 16 Q. Do you know their phone numbers? 17 A. Now? 18 Q. Yeah. 19 A. No. 20 Q. Do you know any of their phone numbers? 21 A. No, no, no. That was years ago. Page 50 HOUSE OVERSIGHT 0123312007-04-25 .TXT 22 Q. We're just trying to find any other ladies out 23 there that we haven't already seen and you brought 30 of 24 them and we're just trying to -- 25 A. I don't know if I brought 30 of them. 49 1 Q. Approximate? 2 A. Yeah. No, I have no clue, no idea. 3 BY MS. BILAFONIA: 4 Q. Did you stay in touch with any of the girls 5 that you brought? 6 A. Huh-uh. 7 Q. 8 talked about? DI, 9 10 11 12 13 14 15 16 17 18 19 20 any of the girls that we've you ever when yi were eithe iris or when you were givin WAORION*1001W Pges,07-kPtIm4rP8%4? A. Q. 9VA 10W400iiilbi6 massages, di rugs, whether Page 51 V4001i5.4 iculaUs AoW#ONO0E0(14 *64*.gi00$0,064:.&ë usinq. HOUSE OVERSIGHT 0123322007-04-21111111ITxT 21 Q. And just so you know, =, we're not talking 22 about necessarily crack cocaine. We're wondering if 23 anybody was taking any prescription medication? 24 A. I don't know if they were taking prescription 25 medication. That's their problem. I don't know. 50 1 Q. And you didn't give anybody else any 2 prescription drugs? 3 A. No, no. when I was 16, I smoked pot, but no. 4 (start of Tape 2.) 5 MR. EISENBERG: Okay, gang, back on the record. 6 And I assume you mean prescription medication not 7 for prescription purposes? 8 THE WITNESS: I thought you meant like for 9 prescription, prescribed. No, I don't know. 10 AGENT RICHARDS: okay. 11 BY MS. BILAFONIA: 12 Q. But you weren't taking any anti-depressants or 13 pills or anything? 14 A. No, no, I just smoked pot. But I mostly went 15 there sober. I was comfortable with Jeffrey. Jeffrey 16 always made me feel so comfortable. I thought I was a 17 big girl. I was 18. 18 Q. You said that you stopped. why did you stop Page 52 HOUSE OVERSIGHT 0123332007-04-25 XT 19 going over there? You said you had a baby and you 20 changed? 21 A. Yeah. 22 Q. what happened? 23 A. Everything changed in my life, everything. I 24 ended up getting a job and I just stopped. I just 25 stopped. I don't know. 51 Q. 'f0J&;,.so: WM OtAt.01 over th ere? 3 A. I just stopped because I have a son now and 4 didn't feel like it was right. First off, I was a 5 stay-at-home mommy, okay. And what am I going to do, 6 bring my son over there to Jeffrey's, no, you know. So I 7 focused on my son. I had a beautiful baby boy that was 8 my pride and joy. I didn't care for anything else. 9 didn't care to tell friends. I dropped all my friends. 10 Like he asked me do I have any numbers, no, you know. If 11 anybody does call me, that's my mother. Like it was just 12 me and my baby boy and it's been like that ever since. 13 BY AGENT RICHARDS: 14 Q. Having a baby is a life-changing experience, 15 isn't it? 16 A. Having a baby? 17 Q. Yes, it's full-time. Page 53 HOUSE OVERSIGHT 0123342007-04-2511111111TxT 18 A. Awesome, I love it. I love it. 19 Q. Yeah, he'll be two in August. 20 A. Mine will be two in June. 21 BY MS. BILAFONIA: 22 Q. Is that when you started working with the 23 company you're working for now? 24 A. well, I was -- the whole time I was pregnant, 25 was taken care of by my baby's father. Then I was a 52 1 stay-at-home mommy for eight months. After that, I 2 worked at LA fitness, Romeo Pizza. it's,been a year now. 3 And what do you mean, is that why I'm working? 4 Q. No, I just didn't know where you were working. 5 I thought you said you had gotten a job afterwards, after 6 the baby was born? 7 A. Yeah, I worked at the laundromat for a couple 8 of days. I just like to -- I wanted to soak in my son. 9 That's all I did and I was like a hermit crab in the 10 house, you know. And if anybody -- I told -- I told 11 I said, you know, I have a baby now and you know, 12 I'd rather stay at home with my baby. My old man was 13 taking care of me. i didn't care about money. 14 Everything was good, so a new life. 15 BY AGENT RICHARDS: Page 54 HOUSE OVERSIGHT 01233516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Q. Slaaa • 2007-04-25 TXT qng-of-wor ,.....1dienyotvsetuva XIIMMents: with refer t. e girls were doing as work,. 1i massage A. NO. Q. go over jefti4i for -- how did she -- were any terms used or just in general? Did she ask you if you had any girls that can work or did you have any girls that can come over? Do you have any girls that can give a Jeffrey a massage? How did she ask for these appointments? A. would like to come ov *MA like to WOORZ.i mean, me and were— 53 assa wa Q. okay. BY MS. BILAFONIA: Q. You said that you and had developed a friendly relationship. Did ever tell you what types of girls Jeffrey wanted or I think you said that sometimes she would say he likes this girl or I'm sorry, he likes this girl? Page 55 HOUSE OVERSIGHT 0123362007-04-25 TXT 15 A. Yeah. 16 Q. what exactly -- what guidance did she give you 17 about recruiting the girls? 18 A. she didn't give me guidance. Jeffrey from the 19 get-go, I really like women like you. so when I would go 20 searching to make money or whatever or my girlfriends, 21 know what an attractive person looks like and I would -- 22 I would bring them, you know. I didn't bring any 23 overweight people. I just knew what Jeffrey liked, you 24 know. 25 Q. Did you ever talk to massages when you 54 1 gave them, what you did, what you would do? 2 A. Huh-uh. TA 3 Q. I have a picture of someone and I'm just 4 wondering if you recognize this person? 5 A. No. was she a girl that was over there? 6 Q. Just a face that we wanted to 7 A. okay. No, I don't know. 8 BY AGENT RICHARDS: 9 Q. When you would ask the ladies if they'd like to 10 go over to see Jeffrey, what was the percentage? How 11 many people would say sure, that sounds good. Let's go 12 do it. And how many would just say, no, I'm not Page 56 HOUSE OVERSIGHT 01233713 2007-04-25 .TXT interested. mean, do you have -- how often when you 14 would ask the girls -- 15 A. It was usually girls that I brought, the girls 16 that I had brought 141Wfit4g090AIM say, I would 17 say, Listen, girlfried.s and it 18 MAAt.t'40;Udown thetikt Recruit your girlfriends and x 19 will pay you guys. So if I was off the wall, say I was, 20 you know, at a club or something and I was like hey, 21 girl, do you want to -- they'd be like you're crazy, you 22 know. 23 Q. That's what I wondered, when you approached 24 them what was the reaction? 25 A. But when I talked to them over the phone, if it 55 1 was one of my girlfriends' friends or one of their 4 rn:. exactly an they'd be like wmikp: ' Wou know, how your morals are or whatever, if you're 5 comfortable with your body, if you're comfortable with 6 giving an old man a massage for $200. 7 Q. For 30 minutes. 8 A. You know, everybody is a different person. 9 Q. Sure. 10 A. But most of the girls were -- they were like 11 yeah, sure, yeah. Page 57 HOUSE OVERSIGHT 012338n't t 2007-04-25=.TXT 12 BY MS. BILAFONIA: 13 Q. Did you ever say anything about, you know, be 14 careful who you talk to about this or I guess I'm 15 wondering why, you know, were rumors going around at 16 school or how did everything keep under wraps? 17 A. Everybody knew. I don't know. Everybody made 18 jokes about it. Like it was not in school. It was more 19 like in my neighborhood. They would call me Heidi Pleish 20 and everybody just made jokes about it. I don't know. 21 It wasn't -- but I didn't care. 22 Q. Right. 23 A. You know, it wasn't if you didn't get out -- it 24 wasn't really a big thing to me at all. 25 Q. I guess I'm just wondering, you know, kind of 56 1 the way that this all came out was finally a parent found 2 out about it -- 3 A. Yeah, I heard. 4 Q. -- and went ballistic. How did you keep these 5 girls' parents from finding out? 6 A I don't know, probably embarrassing. They 7 cbviously liked efirey that nnkh that.thg. 8 anyone. 9 Q. Did anybody hassle you at school? Did anybody Page 58 HOUSE OVERSIGHT 0123392007-04-25 .TXT 10 call you Heidi Fleish at school? 11 A. NO, no, no, I was out of school by then, No. 12 Q. why did you drop out of school? 13 A. Well, actually, -- Why? 14 Q. I'M sorry. I interrupted you. 15 A. Because -- no, you didn't, well, my mother had 16 took me me out of school to home-school me. And then I 17 had went back to a school because i was really behind 18 because she didn't home-school me and I had got pregnant, 19 that's why. And that's in the eleventh grade, that's 20 when I got out because I was pregnant. And I decided 21 that I was -- I mean, I didn't know what I was doing. I 22 wanted to have a house. I said I'm going to have this 23 baby. i need to have a house, a car, and I set out all 24 my goals and that's what happened. But then I ended up 25 getting my GED and I have a life. 57 1 2 .4 6 7 8 BY AGENT RICHARDS: Wzre them wanting work over. work over there and make.S ck that? A. Q. Do you remember any of their names or were they classmates or -- Page 59 HOUSE OVERSIGHT 0123402007-04-25M. TXT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 any of us, for me or -- 25 1 :4: 5 6 A. to but hope A. It wasn't --It wasn't involved in the school so much. It was just that girl in the school. Q. okay. so she was really the only like school-related -- A. Like person from school, yeah. Q. okay. A. BUt it was mostly out of school. So I wasn't really hanging out with the best crowd. And all the people that I did hang out with, they were dropouts. So it wasn't anything in school. It was mostly like the neighborhood people or my friend, one of my guy friends' girlfriend or whatever, you know. We were all young and stupid, but -- BY MS. BILAFONIA: Q. Anything else? Do you have any questions for - h 0 e Jeffrey, nothing tobilowt_ ecam awesome man arid .11:0X11.10gAWFPF! Q. 46:A. 58 awesome Are you in love with him at all? A. My God, no. I love him as a friend. Page 60 I love HOUSE OVERSIGHT 0123412007-04-25 TXT 7 him as a friend. He has done so much for me. No, I'm 8 not in love with him. I tell Jeffrey, do you want to 9 marry me with all of the money that you have. 10 AGENT RICHARDS: All right. At this time, 11 we're going to conclude the interview. It is 5:34 12 by my watch. 13 MR. EISENBERG: The only thing we'll correct is 14 that there might have been a reference to an old guy 15 at 50 and we'll just say a more mature individual 16 who may be in his 50s. Thank you. 17 (End of the tape.) 18 19 20 21 22 23 24 25 59 1 CERTIFICATE 2 3 4 The State of Florida, ) 5 Page 61 HOUSE OVERSIGHT 0123422007-04-25 TXT 6 County of Palm Beach. ) 7 8 9 10 I, Vicki S. Woodham, Notary Public, do hereby 11 certify that I was authorized to and did listen to and 12 stenographically transcribe the foregoing tape-recorded 13 proceedings and that the transcript is a true record to 14 the best of my ability. 15 16 Dated this 26th day of April, 2007. 17 18 19 20 21 22 Vicki S. Woodham 23 my Commission Expires: 24 December 08, 2010 25 Commission No.: DD617559 60 Page 62 HOUSE OVERSIGHT 0123432007-04-25 _TXT Page 63 HOUSE OVERSIGHT 012344TAB 7 HOUSE OVERSIGHT 012345Page 1 IN RE: OFFYREY EFS=IN TTIPEF, TN7ERVTF !s7otzl-y find Phort - Op. • J. Consor & Associates Reporting & Transcription 561.682.0905 98ae64ed-fabf-461a-b5d2-be85289cc516a 01910 HOUSE OVERSIGHT 012346Page 'I (fhereupon, the following interview was had]) DETECTIVE RECAREY: -- December 13th, 2005. This is ID number -- Detective Joe Recarey with the town of Palm Beach Police Department. Present is Detective Dawson with the Palm Beach Police Department. BY DEFECTIVE RE CAREY: A 0 A A Can you state your name for the record, please. S:lel] it lease Your date of birth? ow old are you'? A Seventeen. Q Okay. Vol] saw I just spoke to your mom and she has given me anthorr,zation ro speak to you. I am investigating a case involving a gentleman by the name of Jeffrey. You may know him as Jeff or Jeffrey lives in the Town of Palm Beach. We believe that you may have some information pertaining to his residence ancPor a visit at his house. I'm going to ask you in your own words tell me exactly what happened fr.im the beginning. I may interrupt you to ask you some more questions 'out before we begin. can lapse your Oulu hand for ine. Do yt,11 solemnly swear tO tell the truth, the is truth and nothing but the multi so help you God.' A I do. Q Okay. 1-,otiii!AO.vdtkinit,..:i.O]vhci*..ydti4iIU A (Inaudible) not really friends. 111111160:m.g :v-ANN thin she found a as of Making mcney.'mu can pet money. And then she said that ift ever told anybody she'd beat my ass and so 1 didn't even know what she was talking -- okay. Right bellse we got m there she's like oh, he might ask you to like take off your shirt or something. Hut I didn't -- it didn't matter Si' I said okay. And I went in his house. A Lady escorted me up to his room. Had a bed on it. Q Okay_ I.e.! n hack ui up for a second A MI huh. Q You said this was right before Christmas. Christmas of last yea' in the yea! beliiie? A Last Year Q Last year. A Oh-hoh. Q So tins is December of 200.1, righil ; 4 .t A Oh-huh. Q Okay. How old were you then? A I think 16. Q Okay. A And then I went up there. He was on the phone and 6 he just told me to massage his feet so I went over there and 7 did it. (Inaudible) and everything and then Q 1 told on for a second. Hold on. Take me from when 9 you got to the house in Palm Beach. First of all, do you 7. remember the name of the street'? A You said it before but I just can't remember. Q Okay. Do you remember any specifics of the house? A I know where it is if I were tc: go back. I could find it. Q Okay. .; A It was at the end on the left side. Q The end on the left side? Okay. Do you remember the color of the house? A Oh. It was too long ago. Q Okay. I know it's been some time and we did speak . once before A lib-hub. 1 7 1 L 0 A All right. So you were walking in with Uh-huh. Q Okay. Take me from clo you go in the front door? . : Do von go through the garage? A No. You 2.0 to the sick gate. You have to knock on the back door kind of. Q Lilt-huh. A And a lady will ask you like what's your name and why you're there. Q Okay. What's the lady's nante? Do you know? A No. I think she was the maid because she was like InkIng. up towels aid she was bringing Mem upstairs Q Do you krow -- can you describe her to me? A She might be a Spanish lady. I can't remember so 0 Okay. And when you walked in, there was food on the Inhale. I bey offered you (laid. And I waited a couple of minutes. I guess he was in another session_ I don't know. Because like a girl walked out before I walked in and this really pretty lady. he walked in with two ladies and they were like_ they looked like models or something and one had blond long hair and one of Mein came down and told me I could go upstairs. .fhat's probably her. And as we were walking up the stairs she told ine what was going to happen like well, he's going. to have some lotions there and he'll probably be on the phone for a little while. Q Okay. Did the blond lady with the longhair take J_ 2 L.' ages Consor & Associates Reporting & Transcription 561.682.0905 98ae64ed-fabf-4618-b5d2-be135289cc56a 01911 HOUSE OVERSIGHT 012347Pricie A 9 1.1 12 13 1 4 e 16 YOU upstairs? A Yeah. Q Okay. How does she take you upstairs? How did VDU -- A She just said follow me. Q Did she -- did you go up a big staircase? Little staircase? A It was like a living room. It was the kitchen and than a living room and you turned right and then it was like a staircase that would hke I :,.ness it's kind of-- like spirals. Q Okay. Did she take you to where? A It kind of looked like a bathroom hut there was no toilets. It was a cold room and it had like a sauna in there. Q Okay. It A A big sauna. Just table where he was going to lay on. A place where you could wash your hands and it just kind of looked like it was a room for that. Q Okay. Okay. So take me from there. A He turned the lights down some and he was on the phone. lies like oh. just (inaudible) lotions are here and you can start by rubbing 111V feet. So I put some lotion, rubbed his feet. and then he told me to rub his calves. his legs or whatever. And then Lin trying to remember. And 1 Ycult. arid then he wanted me to rub his back. I started up 2 top and then lie kept asking me to no tower and lower and he 3 still had the towel on at tins point and then when I got 1 right to where his -- right above his like butt like kind of right above here -- Q Oh-huh. 7 A -- he like flipped over and he just told me to A like man rubbing like his stomach and stuff like that and his chest and then he told me, he's like why don't you just take off your shirt and pants. I was like (inaudible). so I 11 did that and then -- 12 Q You had your shirt and pants on when you were nibbing his feet and calves? 4 A Uh-huh. 15 Q Okay. You took off your pants and shirt. 16 A Uh-huli. Q Okay. _ to 1 A And then like he got more (inaudible) and he took off his towel. Q Okay. A I don't really like know why he was doing that but and then lie he was kind of like talking to me like trying to get to know me about my sex. life He's like oh. you're such a beautiful girl. He's like well what are you like when you have sex. I didn't really answer him. I was like. 2 3 6 1 4 2 21 well. I don't really like to do anything. (Inaudible) a massage. 'that's it. And he's like nh but you're so beautiful. And he kept saying that for some reason. 0 All right. Let me stop you for a second. When he took off his towel. was he completely naked'? A lih-huh. Yes. Q Okay. And you were in bra and panties'? A Oh huh. Q Okay. Okay. 'Fake me from there. So he took off his towel_ he's telling, you how beautiful you are. A And lie told me. he told me to nib his nipples like he's like oh. just pinch them or something_ And I was like all rirlit. And then he had one hand on his P. Q Okay A And then he like tried ribbing on my priyes (phonetic) and he had like the middle of my bra was the snap off part and he like snapped it off and he \NTS trying to led l my boobs and then he just grabbed my thighs and he was jacking hunsell oil at the same time and then he went down to -- should I say Mat? O Say it. A Nly vagina. By DITA Ec•rivE DAwsom Q We've heard it all A Yeah. And he like didn't take otTmv panties but he like pushed them to the side and he's like feeling down there and he's like don't won-y. don't worry. I'm not going to go in, da do do. It's so we i rd I'm like anyway. And then he stared rubbing down there and then he started talking dirty. He's like au, your c lit feels so hard and stuff And l like backed away. I was like (inaudible). O Okay. At any time did you tell hint no? Did you tell hint you're not comfortable with this? A I hacked away and I said I otis like well. I don't know if I shouki do tilat and I was like very hesitant and so seared that I didn't know what to do. Kind of like you just want to ret ii over with to get it over with. And then -- and I 'was feeling so ieitsc.: guess that's why he was saying it. And then he actually stuck his fingers in there end I hacked away again. He goes oh, don't won-y, don't worry And he's like okay. fin sorry. Then he went back to the outside and he was still jerking hinisel ruff mid then finally he finished himself. wrapped up his towel and said there was S200 on the counter and then there's an extra hunched for iike oh. I'd like to see you again. I was like yeah, I don't knov.'. Q Okay. Let nie bring you back to when he snapped oil your bra. A I ih-huh. When he snapped it off. did you take it off or did J. (Pacies 6 7.0 9) Consor & Associates Reporting & Transcription 561.682.0905 98ae64ed-fabf-461a-b5d2-b€035.289cc56a 01912 HOUSE OVERSIGHT 012348Page I LiI he slip it off of you or did you just have it on and it was 2 just hanging? A Yeah, it was just hanging. He had snapped it off 4 and it was just right here. Q Okay. At any time did he touch your breasts? A Yeah. Q When -- okay. So you're standing there, your bra 8 has been unsnapped. What kind of panties did you have on? Do you remember? A Athmg. Q Affione A Uh-huh. Q He started touching you on the outside of your panties or did he 1110%.12 your panties to one side? A On the outside first and then he moved, he moved them over. Q Okay. And then he started touching you on the outside of your vagina? 1 9 A Uh-huh. 2 n Q And he told you he was not going to go inside. 21 A Yeah. Q At what point did that change'? A When he started feeling down there and then 21 when -- pretty soon. 25 Q When you say Fltgers, did be use more than one .. ......... . 3 34 37 finger? A I think he used two but I don't know, Q Okay. A And [lieu after Judd him, I backed away and I was 5 kind of like shaking my head no, he's like okay, I'm sorry. O And then he kind of still put his fingers down there. He was just like pushing really hard on me like, f don't kuow, • he just, it just fed like Ins lingers weren't in me but it • was ciose enough to where it still felt weird. 1 S Q How did you __ how. did -- when he had his lingers ii inside you, on backed up to eel them out or -- I. 2 A Yeah. And to let hirn know that I don't want to do -3 that. Q Okay. And none of this was told to you by that this would happen? A No. Q Okay. A That's why when I got out I was freaking out but 1 didn't even say anything to her and then she asked me what happened and I told her what happened and she said oh. it's okay. He did that to one of my other friends 1 brottaht 2 here. And I was like and you let him do that and still got 7 MC in there? And she's like oh, ifs okay. You got 2.00. Does it matter? I said did you have to do that? She said no. 1 was like all right, then you don't know how it feels. Pa 12 She's like let's just go shopping and stuff and I was like no. ;I Q Okay. During this time that this was occurring, ; 4 he was jerking off you said'? A Uh-huh. Q Okay. What does that mean to you'? I mean like is ▪ it something that -- do you know v.-hat masturbation is? 8 3 -2 23 9 I Lt A A Yeah. Is that what you consider Okay. Did you -- sorry. A That's Okay. Q Do you know \vital a circumcised and uncirouncised penis is? A Umm, then (inaudible.) No. I krow what it is. Q Okay. Did you visually sec his penis'? A Uh-huh_ Yeah. Q Would you say it was circumcised or uncircumcised? A I would think it would be circumcised but I tried not to look. Q Okay. A I was kind of just like looking ali.ay because I didn't want to see what was actually happening. Q Okay, You said that he had finished. A Ile came. Q Okay. A Because he was like a big sigh of relief like he had been done and he just got right hack up and -- Q Do you know where he came an'? Was it on the towel? Was it on himself? On the bed or -- A 1 think it was on the towel like right between Ins :eg,s probably. Q Okay. As 1 told you before. and I explained to your mom, what he did was wrong, o'say? A 1.311-hui. Q l want to reassure you on that. Okay'? At any point did be ever ask you to leave your phone number or -- A No He didn't ask nte for anything. like I think he asked me my name in the begualir.14. I'Ytd tie kno'1viai at, A Ftlo&t'igiAc P4,!0.04.0 : 9 old 'is'e+,oi1Just,ay.ye 0].4!]efAip. , 23 ................. dd .................................................................... Q Do you have any formal massage training? A No. That's why I thought (inaudible). Q Okay. How long would you say this session lasted? J. Consor & Associates Repo=ing & Transcription 561.682.0905 983e64ed-fabi-461a-b5d2-be85289cc563 01913 HOUSE OVERSIGHT 012349( 1 3 4 15 7 9 1.0 11 12 14 1 16 18 19 20 22 73 24 2E, Page 1,1 • A Probably like around 45 minutes. Q Forty-five minute.s? Okay. You said he wonted to see you again. Did the blond hair lady try to take your information or -- A lie said oh, well; I think gave my secretary your name and number and sruff and I'd like to see you again and -- Q Did anybody from the house ever call you again? A Ilub-huh. Q Nobody ever called you? A No. A A Okay. So you only went there that one time Yeah. Okay. Is there anything else you'd like to add? Yes. There was another girl that like Pacfe 16 DETECTIVE KE.CAREY: Okay. Can you think of anything else? 3 BY DETECTIVE DAWSON: 4 Q Was he in good shape? Was he a blob'? • 5 A He was old but he wasn't as muscular or anything • 6 like that. He was like a regular old guy. BY DETECTIVE RECAREY: . 8 Q Did he have any accents or anything or A Huh-huh. No. ' ' Q Did he ever introduce himself to yon2 A No. That's why I don't know who you're talking about. I guess I heard that name in front of (Inaudible) took notes on his name or anything. Q I know this is difficult for you and I know it was difficult from talking to you the other day and it's difficult talking to you now. A Uh-huh. Q But I've talked to a lot of people and I really appreciate you talking to me about this. A Oh-huh. Q Is there anything else you'd like to add to this statement? A No. DETECTIVE RECAREY: No? I'm going to go ahead and conclude this statement. The time by my 1 , there were other rumors like they were partners in doing that. Q Who was that? 7, 8 A This girl I'm not. I'm not quite sure_ My brother would probably know because she's older than us t because she met her at Publix afterwards and went 2_ and gave her some money. I think they had to share the $100 2 that they did. (Inaudible) a hundred bucks. And (hen 1 heard another thing at my school that there was like a rumor ' 21 about this other girl it happened to. I just didn't say 25 1 anything because I didn't ‘‘ant anyone to know about me. 2 Q Do you know who the other girl was? 'r< A I could ask. Q No. Don't worry about it. 5 A Okay. 6 Q Did he know you went to A I don't think he knew anything about me. 9 Q Like the quest:ons that he asked you in trying to • get to know you, what kind of question I neon other than the 11 sexual questions'? 2 A He didn't really ask me -- oh, wait, he asked ate .1 3 what school I went to. lie was just asking inc like how I 1 4 felt because you're pod at massaging, (inaudible) how I got 13 n the business. I thought yeah. 'hard be cool. And he I 6 tried to ask me so do you have a boyfriend, what do you do 7 liar fun. Pretty much like it was kind of weird how often I 8 (inaudible). Now do you like to have sex. Oh. do you like I 9 it when people like touch your [wall's. I said no. I don't ieally like when pro* touch illy body because I'm shy owl (inaudible) don't let im.yvne touch my boobs anyway. He did it. Q Okay. 2 4 A 130 he kept asking roe like about his nipples 25 Ile's like oh, that feels so good like -- 4 1.3 7 23 2 4 2 E. watch is 5:25 p.m. (Thereupon, the interview ended.) - - - 7 (FaLjes 14 to 17) J. Consor & Associates Reporting & Transcription 561.682.0905 98ae64ed-fab f-461 a- b5 d2-13e 85289cc5 6a 01914 HOUSE OVERSIGHT 012350Pacji.: 18 CERTIFICATE 3 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Sandra Rossi. Court Reporter. State of Florida at Large. certify that was authorized to and did stenographically report the fargointz proceedings, and that the transcript is a true and complete record of the tapc as !isteneci to by me_ Dated this 30th day of January. 2007. n 1 a Sandra Rossi. Court Reporter 6 g J. Consor & Associates Reporting & franscription 561.682.0905 98ae64ed-fabf-461 a-b5d2-be85289cc56a 01915 HOUSE OVERSIGHT 012351TAB 8 HOUSE OVERSIGHT 012352Page 1 IN RE: JEFFREY EPSTEIN DRAFT TAPED CAP INTERVIEW OF 02505 HOUSE OVERSIGHT 01235310 1 1 12 .1:3 14 15 16 17 18 19 20 21 22 23 24 25 9 10 11 12 13 11 15 16 17 18 19 20 21 23 94 25 MS. ROBSON: -- say anything to you about 4 this (inaudible). right? 5 BY UNIDENTIFIED MALE SPEAKER: 6 Q You know we're not going to argue again. We're 7 not going to keep much from you. 8 A I just don't want to rat anybody out. I'm not an idiot. Come on. now. That wasn't more of a ratting out. 11 was more of a A Complaint? Q You got it. A (Inaudible.) Q You're a smart girl. A I'm not an idiot. Q Yeah. No. you're not an idiot_ A Sof guess karma. you know. • (Inaudible.) I'm kidding I'm kidding. I don't even know who he is. A I don't know. Il's such a big -- there's so many girls out there that have worked for him it's not even funny. Q Really? A Like 1 said, some bring friends who bring friends Pd ye 3 1 whit bring friends. DurcrivE Rl:CAREY: All right. You notified 3 Jimmy? 4 I INTD1NTI Fl NMI .E SPEAKER: I notified Jimmy 5 DETECTIVE RECAREY: Give him a call. 6 (Inaudible) 692 -- our ending mileage was 692323. 7 sorry. 6923. Our beginning mileage to head 8 Sack southwest -- Onauchblek ;Inaudihle) white 9 female (inaudible) same mileage 6923. What was that? INIDENTLFIND MALE SPEAKER: Fire truck. R01350N: so when will I know what's going :o happen? BYIINIDENTIFIED 51'1:AKER: Q Well, here's the thing. What arc you doing ha-non-ow'? Well, no. nere's our goal. We would like to at least to talk to -- help ine. UNI DI:NT 1 F1ED MA 1 .1: SPEAKER 2: We want to try to interview some of these -- MS. ROBSON: (Inaudible.) 13Y UNIDENTIFIED MAI. SPEAK) iR: Q Right Tonight. A Tonight free so -- Q Okay'. BY DET1:..CTIVE RECAREY: 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 1 DI___A (Thereupon. the following interview was had:) 1 2 2 3 3 4 5 Q Tomorrow yon're working') A Tomorrow I go to saw' from 12 to 4. BY 1:N1DENTIFIED MALE SPEAKER. (,) 11h-huh. A Wednesday I go to (inaudible). 6 Q Well. tomorrow what are you doing after 4:(k? 7 A Nothing. 8 Q Okay. BY DFTErrivFIZNCARFY: (7 1)0 you have to go to work'? A (Inaudible) Thursday BY LN1DENTWIED MALE SPEAKER: Q Okay. We would prefer to do it sooner than later and our, our request from you at this point as we move along is really for von to make that phone call and introduce us and sa,vou know, these are the detectives from the Palm Beach Police Departmoit. I've told them evelything. They're on their was to your house. Do you know these girls' schedules by chance or anything like that'? Do they still go to high school? A WelkEstill goes to high school. She's a senior. Q Okay. And that's, unit's who we want to speak to tonight. From what you're telling us. we're confidentM \rill not be going and talking to Jeffrey. Depending on how Page 4 Page 5 that goes weinight give you a eali and ask you to make another phone call for us. II' we could break out the list 3 as we drive. make sure we have a little order of obviously 4 based on what you're saying, should be the last on our list. We don't know if she's still -- 6 OF: FEC•11VE RECAREY: =, she's in Orlando. 7 We can do that one over the phut ie. 8 BY ENIDINTIEIED MALE SPEAKER: 9 Q Now didn't von sav she was back though? 10 A is back. Idon't know it' she has class 11 tomorrow but I don't know if she la already or not. 12 Q What kind of class? Is she in college or 13 something'? 14 A Lollege. Yeah, she's up in Orlando. I don't 1.5 know. She !night have already left. What is today? Monday? 16 Q Yeah 17 A Oh. well she might have ahead',' hell today. She 18 had class today_ 19 Q Oh. today. yeah. 20 A Yeah, she does. Very rarely lost to see her 21 parents and stuff Like she lives up in Orlando. She might 22 come back once a month on the weekend to visit her parents. 23 Q Now do you talk oMat all oi not really? 24 A Ihung out with her last night. She came down 25 from college and stuff. 2 ( Pacles 2 Lo 5) 02506 HOUSE OVERSIGHT 012354Q A But -- 3 Q That Y‘as Sunday night So she ii as around jt is( 4 last night. 5 A She was around last night but. like I said, 1 don't -- she might be still here. she 'night be up in Orlando 7 now. 3 BY DETECTIVE RECAREY: 9 Q Okay What about 10 A Oh. 1 don't like her. I don't like her. What 1. l about her'? She never worked for, she never worked for 12 Jeffrey but she's been to his house before. She knows about I 3 it. Knows about everything that went on. She was the one 14 that was with (inaudible). Q Okay. Does know=? Do the!, 16 know each other'? 17 A I don't know. 18 BY UNIDENTIFIED MALE SPEAKER: 19 Q Then phonetic) lives like a couple blocks 20 away from yon. yeah? 21 A Yeah_ 22 BY DETECTIVE REC.AREY: 23 Q Okay. lives (inaudible.) 24 A (Inaudible.) 25 Q Okay. Why are you afraid of (inaudible)? 1)____RA MS RI )13SON: So what ii 2 BY DETFCTI VI'. RI ',CAREY: Q ( lkoy. Well we'll move on. 4 BY (JN11)1iNFIFIED MALE SPEAKER: 5 Q That's our -- right now we want you to help us 6 with an order of who in your mind (inaudible) you're 7 confident was 16 or maybe 17 when they went there, who 8 probably no longer has any connections with Jeff (inaudible) 9 who at least Maybe a dayirikeep their mouth shut. 10 A Okay. Well with I don't know how old she 11 is because she lied about her age. She lied to me when I 12 first Mei her When I \V Zel 18 she told me she was IS. 13 (Inaudible.) Well she left her purse at my house and she 11 told inc to make sure that I didn't took in her purse. When -15 I \Y on through her purse. I found her mote license that said 16 she v‘ its 16. So she lied to inc about her age. I don't care 17 allow ii orkingl'or Jeffrey. but -- 18 Q We're looking for girls that went upstairs wall 19 Jeff 20 A Yeah. 21 Q Those three or four gals, whatever you can, you 22 ..now, help us OW with here. that is our goal in the next 23 let's say 24 hours. 24 A Okay . 25 Q Is to reach out to as manv of those gmls and it a not home? Page 8 Po ye 7 A Oh, no. Fin not afraid you know what it comes 2 down to? It Comes down to this. Pin not all aid of any of 3 those girls but when I almost rough cries to 4 EllandMwas brought in to our group which was stupid 5 11 and instead being 'nature about what happened three years ago. Was like NI going to kick your ass. da da 7 and I was like you know what? You talk a good game. Leave 8 ii te idone pretty much. It got ridiculous so I had to change 9 m number and I saw her at (molkiibIC) one night. She 10 i r1Of [ I behind. I go i.ou didn't sav anything to rile 11 all night and when she jumped me from behind she jumped me 12 so whatever. Owls are stupid. 13 BY L NIDENTIFIED MALE SPEAKER: 14 Q All right. Who else v, as on that list von got t1H7117'? I 6 BY DEJE(,TIVE RECAREY: 17 1..) 1)o you know a girl named 18 A 19 (Cellular telephone discussion as followsl 20 DE II:C.11W RECARI-:Y: llelo? Yes. I ley, 21 Dahlia. Okay. Right. Okay. Right, right, 22 right, right, right, right, right. Well, that's 23 the case, that's the situation. Right. ()kay. 24 All right. Right. We're gonna meet with her 25 tonight. (inaudible.) Okay? All right. Bye. Pdge 9 1 might be as simple as we give you a call on your cell 2 phone -- 3 A And you call them. 4 Q And you Nny hey, we need you to call this girl and 5 tell here we arc out front because that's one thing we want 6 to do is figure out where these girls live tonight so that 7 we can remll out to them and say hey= we're out in front of so and so's house, can you give her a call and let 9 I k h bet' ..nov, there's a couple of detectives outside and no, 10 u mere not kidding. the- realls arc there and heads up. You I 1 knon iihat I n !Calf' 12 A Yeah. 13 Q what we'd like to -- e've got it hall' hour 14 there if ii e can make some details on that so we're all on 15 the same page. that's what we're ping to do. 16 So how many girls was on the list that ‘,Nc started 17 with? 1 B A You asked me if I knew an 19 Q We don't know -- what we're going to need is the 20 lost names of these girls as well. So if you've got some 21 lost names. 22 A 1 don't know- Imean -- 23 Q That's okay Imean -- what about 24 A ? I've heard of a gi:-Inamed but I 25 don't know (inaudible), you know? To my knowledge! don't 3 (Paces 6 to 9) 02507 HOUSE OVERSIGHT 0123551 know. (Inaudible'?) 2 Q No. (Inaudible'?) 3 BY DETECTIVE RECAR EY: 4 Q No. (Inaudible.) 5 A Inaudible). Not that I know of I know a 6 girl named but I definitely (inaudible) not like 7 that. 8 Q (Inaudible'?) 9 A Don't know. I know (inaudible). 10 BY UNIDENTIFIED MALE SPEAKER: 11 Q Besides Mwho clse ended up upstairs with Jeff? 12 A That's it. 13 Q Okay. 14 A 15 16 A (Inaudible.) 17 Q Okay. Do you know their last names? 18 A s last name l don't know. I don't know 19 s fast name. (phonetic). 20 And I know Ms brother. 21 (inaudible) I think the last name is M. I don't 22 know if (inaudible) or anything because I know like 23 (inaudible). It might be 24 Q (Inaudible?) 25 A Royal Palm (inaudible.) Page 12 1 Sicilian° should have the hong out 2 Q hang out. 3 A ()Hoe a bit. And von should also (inaudible) and 4 I know the first three digits it's 5 it might b but I haven't talked to her in a Nvhile. 6 Q Sc' il We start withEtolught_ based on what y011 JUSE :Aid 'Mould introduce us to 7 who then 8 could introduce us to -- 9 A "l'it .len Reyes. 10 DET1ICTIVE RECARIIY: Okay. 11 hangs Out Ir]th tionig to talk to Obvtonsk nIt 12 last 13 tV lINIONNTIFIED MAU SPEAKER. Q Right. We want to iivoid ill all costs. 15 So our qt iC5t 01110yo1.1 IS this group of three 16 girls -- 17 A l'hey nit kilow cm:11(ithr:r 18 19 20 21 92 23 24 25 Q They know each other A They all know ezicli other. Q A .hey kno‘‘ They know everybody, its like a group or people ‘‘110 all know each other. Q Faith (inaudible) A The only one they might riot know is (inaudible) but... Page 11 Q (Inaudible'?) 2 A (Inaudible.) 3 Q Do you know their phone numbers by chance or do 4 you have them in your phone maybe or -- 5 A Let me check. Okay. What's the first girl? 6 Q 7 A I know by heart. It's and 8 it's a 9 A I don't even ha\ e in my phone. 11 12 A I know hers by heart. Area 13 code 14 Q How about 15 A no, I don't know her number at all I 6 Q (Inaudible.) 17 A I'm pretty sure that's her number 18 because that's the only ones I have. 19 90 A I know her brother's number but 21. don't have her number. 22 Q Is that his cell? 23 A (Inaudible.) 24 Q Okay. (Inaudible.) 25 A Uh-huh. (Inaudible.) will have Page 13 1 Q All we've got is a group of girls that -- cf .A 'They've all heard of each other (inaudible). 3 Q Now do they all go to school \yid] each other to 4 your knowledge? 5 A Some of them. Not all of them but some of them 6 still go to school together. 7 Q Does she still go to school'? A She still goes to 9 Q 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I don't know if' graduated last Pm not quite sure. might have graduated last year. (Inaudible.) Q Okay. So theywouldn't have as much contact as the other group. (Inaudible) that goes to school. .A (Inaudible.) Q My office is warm. The bullpen out there is hike 1‘ arm. UNIDENTIFIED MALE SPEAKER 2 I love the cold. BY UNIDENTIFIED MALE SPEAKER: Q Yeah. and it's a twenty-year old building so nothing really circulates as well as it should that old but (inaudible) in the car_ If there's anybody that we need to (inaudible). we're not going to talk to. year or (inaudible). -1 (Pages 10 to 13) 02508 HOUSE OVERSIGHT 0123561 HY DKrEC'lIVN Rh:CAREY: 2 Q (Inaudible.) 3 A (Inaudible) call her, open your mouth to any of 4 them. - 5 By DFFECTI 12FCAREY: 6 Q We will absolutely tell them that that they would 7 be obstructing an investigation. 8 A the only one that's going to open her mouth is 9 probably The only one (inaudible) say anything 10 would he M. 11 Q Are these girls, you know, are they embarrassed 12 about what they've done? Would they rather nobody know if 13 it possible or are they out there flaunting it? 14 A They don't care. 15 Q Okay That was my question. 16 A These girls don't care. For the must part they 17 don't care. 18 Q Okay 19 A Otherwise they wouldn't do it. 20 Q I tend to agree hut that doesn't mean you -- 21 everybody else (inaudible) get in on the action or 22 (inaudible) in general. 23 A (Inaudible.) 24 Q I hear that Oh, okay. (Inaudible) call 25 dispatch. A couple of females, (inaudible) get some Page 16 Page 15 1 addresses. After were done with• I thinkMwe were 2 talking about next? (Inaudible.) Oh, okay. 3 A Well. 1 don't know (inaudible) well. Q We should probably try her since she would be 5 leaving. You want to try --=is ulT to college. A (Inaudible.) 7 UNIDENTIFIED MALE SPEAKER: (Inaudible) 8 necessary. 9 (Two minutes of inaudible conversation.) 10 (lbereupon, the tape ended.) 11 12 13 14 l 6 J.7 18 19 20 21 23 24 2 5 (Pages 14 to 16) 02509 HOUSE OVERSIGHT 012357TAB 9 HOUSE OVERSIGHT 012358Page :1 TN RE: JEFFREY EPSTEIN DRAFT TAPED INTERVIEW OF 02420 HOUSE OVERSIGHT 0123592 1____I (Thereitpon, the following interview was had:) 3 BY DETECTIVN FCAR 4 Q Today's da:e is October 4th, 2005_ This is ID 5 number 7915 Detective Joe Reearey of the Palm Reach Police 6 Department. Piesent at 1301 (inaudible) Road is Detective 7 Michael Dawson of the Palm Beach Police Department 8 ATOM>) you slate VOIR ii;tnt lilt !he rec.:mil') 9 10 11 12 13 14 15 16 1.7 18 19 20 21 29 23 24 25 A A Q A A A A Q Okay. Can you raise your right hand for me? Do you solemnly swear to tell the truth, the whole truth and nothing but the truth so help you God? A Yes. Q Okay.= if you could tell me from the beginning how you met Jeffrey 11pstein. I know you have some 2 how do you spell your last name? Okay. How old are you? I'm Ii,. F.ighteen. Okay. You're currently in college? Yeah. Okay. What ctillege are you attending? Okay. And your date of birth is? Page el 1 there's more to that. More to the massage. Okay? That's 2 why I didn t want morn to be it) here. And you can talk to me 3 about anything. Okay? Tikc I said, I've interviewed other 4 people already who have told me what transpired in that 5 room. I know it's going to be difficult for you but... 6 A Well, the first hmel went there I did a massage 7 and he was just asking me a lot of questions. lie seemed 8 like really nice. And then he kept like staring at me and 9 stuff. And then like I did a massage and he just kept 10 looking at me Lind he was like oh, you're being shy and I'm 11 like yealt. NomotOgo•00:(0.0*.0400klogigE-ogt was Ijkc he's-like .10.i.;;WW0;141i3Vataikiiit 14 And he was like why are you like being shy and I was like 15 oh,Idon't know. Anti then he would like change the subject 16 and he started talking shout other things. And then hen we 3 7 were done he said that if like I wanted to conic back tind do 18 more then he would like pay inc more and then I would have it 19 talk to Haley and I could come back. 20 Q Okay. What kind °I-questions did he ask you as 21 you were massaging him? 22 A He was asking about -- it was a year ago.: don't 23 remember everything but.. 24 Q Right. 5 A He was just asking me it'll-tad tui friends that 4 5 6 A IiiigNifii;i3i6.405,i* fOiie 7 Q Okay. How long ago was that? 8 A It 11:.:: probably about almost a year agi. 9 (,) Okay. Okay.. 1.0. A Aiiafia.-;,,,t1-;::Wakihi;iE;aW'Avilgii.gi'ijigij,•4iiii.siive V.A:t :105116,ifilidiitk whatever and then after that like he kind 13 of scared me when I went there sol just decided not to go 14 back.. 15 Q Okay. The first time you went will you 16 go umstairs with him? 17 A No, I stayed down in the kitchen, (Audio at 2:03) 18 Q Okay. Did tell you that -- what was 19 entailed as to what had to he dime? 20 A Well she said the first lime you go ifs just like 21 a IrlatiSagC and she said like welL the more volt go supposedl 22 the more he like expects and starts flirting 'a tilt girls and 23 that's what kind of like scared mc. 24 Q Okay. I've interviewed other girls and they've 25 tO:d inc pretty much the same thing about the massage but Page 3 1 information and we arc conducting an investigation. We were 2 here last night, spoke with your mom and dad. If you can 3 just start from the beginning as to how you met him. Okay And how came about. A (Audio 1:26) : 7 Page 5 1 might want to give a massage and I said I don't know. Then • 1 heasked rite about what 1 wanted to do when I grew up and 3 stuff like that and I asked hint what he did and he said he 4 was like a scientist basically 5 Q Okay. Did he ever ask you how old you were? A No. (Audit) at 4:08) Q No. Did he know that you were 17? A No, I don't think so. 9 Q Well it would have he= 16 lin 'a-as a vein. ago, 10 right? 11 A Well it like was ttlmost a year ago. (Inaudible) 12 17. 13 Q Okay. During the massage did you -- were you 14 naked or -- 15 A No. I had Inv clothes on 16 Q You had all yi)ur clothes on? 17 A 11h-hoh. 18 Q Okay. Did he touch you in am, w ay? 19 A He was like kind of like caning towards it but I 20 was like you could tell I was shy so I think that's why he 21 didn't try. But 1 het:rd about other girls that he -- that 22 he got flirtatious with them and he made them take off ['left 23 clothe); and stuff. 24 Q Okay. What -- that was the first lime you went, 25 right'? 2 (Pages 2 to 5) 02421 HOUSE OVERSIGHT 012360A Yeah. ".? Q Okax . 3 A wa. ito. II was the second nine that I gave him 4 a Massaw. The first time I went up with 5 Q Okay. You went upstairs with 6 A No, I was in the kitchen. 7 Q \rim Were in the kite-hen. That was -- you only had 8 two limes that you went there? 9 A Yeah. 10 Q The first time von didn't do anything but just sit 11 in the kitchen? 1? A Yeah. 13 Q Who did you sit in the kitchen with? 14 A I le had a cook that was there and he had -- there 15 was like two other girls there that live with him. 16 Q Okay. Did you massage his back? Was he naked 17 w lien you were iiiiissriging liii ii? 18 A Well, lie had like a towel around Ins -- his upper 19 was (inaudible) but he had like a towel around him. 20 Q Okay. Did he ever remove that towel'? 21 A No. 22 Q When you were massaging him he never removed the 23 towel? 24 A No 25 Q Okay. Did you -- did he have you touch his 1 L? 2 A No 3 (,) No I have to ask. Was=one of the two girls that was in the 5 kitchen NvAllyraf? 6 8 A Well, I just went there twice. 9 Q Right 10 A After that Q After that you've never come back? Never went 12 back? 13 1low much did you receive for the massage? 14 A 'Iwo hundred. 15 Q You received 200. (Audio at 7:43) 16 Okay. Did=explain to you whai was going to 17 be involved? 18 A She said the first time you go there you pretty 19 much just give a massage, but the more you go there like the 20 more he expects. And that's it. That scared mc. 21 Q That's what scared you'? 22 BY DEFECTIVE DAWSON: 23 Q Did she sax' (inaudible) or did she (inaudible -- 24 A Say didn't have to say it exactly but she implied 25 like, you know, like taking your clothes off and !initial: Page Okay. I lave you received any massage training'? A Yes. Q Okay. I lid you ever go back to his house'? 8 1 private area? 2 A No. No. I wouldn't do that. Q You wouldn't do that? 4 Okay. Did he touch you in your private area? 5 A Ni. No. Page 7 (Audio at 5:50) 6 Q No. 7 A I le kept like staring mine and like. I don't know, 8 I just felt uneomfortahle and I left. Ihrt I heard other 9 stories that like -- 10 Q Right. Pin emcerned with on I know abtsit 11 other stories and I've interviewed other people have told me 12 different things. That's why I'm trying to find out what 13 happened hi ion. Okay'? 14 A h-huh 15 Q You're the VielMi 111 fills so thireS why 1.11111-yille 16 to lid out what happens to you. 17 A Oh-huh. 16 Q Okay? Who took you upstairs to the room'? 19 A This girlMthat lives with him. 20 Q Okay. Si) =took you up? 21 A Yes. 22 Q Did she tell you anything? Did she say anything? 23 A I huh-huh, 'lhere's a massage table and she just 24 laid a towel down and she said that Jeffrey will be out for 25 his massage. 9 10 11 12 13 14 15 16 18 19 20 21 22 23 29 25 Page 9 1 that. 9 I3Y DI RECAREY: 3 Q Okay. So you didn't remove any of your clothing? 4 A No 5 Q What V\ ere you wearing? Can you remember'? A I t. 10111 kni tV It was a long lime ago. I don't 7 remeillber exactly. 8 Q ( )Lay . A I don't w ant to tell you wrong. Q I know. And I know you already told your mom what happened. And like I said. I know this is hard far you but... A I was just seared. I just didn't w ant my name to like -- Q Don't worry. You're not the only person I've talked to. Okay? There's a lin of people that I've talked to and I'm going to talk to. I low did you get to his house'? A With Q I laley. took you the first time and you sat in the kitchen. A Yeah, Q What about the second time? A The second time I drove and she came with me. Because I didn't want to -- 3 (Pages 6 to 9) 02422 HOUSE OVERSIGHT 0123611 Q 2 A 3 Q 4 A 6 7 8 9 10 11 12 13 14 15 1_6 A You drove. Yeah. Okay, What is it you drive? I used to have a Cavalier. A Cavalier. What color? Red. Q Okay. Can you describe to me ‘aat M,. Epsteiu looks like? Jeffrey, looks like? A He's tall and he has like greyish/black hair and hc usually wears like glasses and he has blue cycs. Q Okay. When you massaged him, von massaged his back area'? A Yes. And I did his feet be. Q And his feet. Okay. Did you do his legs? A Yeah. like his calves. Q His calves. Thigh area'? 17 A No. 18 Q No. His chest area? 19 A No. 20 Q No. Can you desci ibe what his body looks like'? 21 A He's not fat but he's not like thin. He's like 22 normal like average. 23 Q Average? Okay. Is he hairy? Is he not hairy'? 24 A A little bit. 25 Q A little bit'? A little bit he's got hair on his Page I I back? 2 A Yeah. 3 Q Yeah'? How about hair on his chest? A Lim -- 5 Q You don't remember? Okay. He did not (ouch you inappropriately'? 7 No. 8 No. Did he masturbate? 9 No. 10 • No. Do you know what masturbate means? 11 Yeah. 12 • Okay. Why don't you tell inc what it means just so 13 I know so you know. 14 A Playing w ith yourself Q Okay. Okay. I have to make sure you understand 16 %%hat it means. 17 A Yeah. 18 Q Okay'? I know it's difficult. 1 9 He didn't touch himself -- 20 A No. 21 Q while you were massaging him? 22 A No. 23 Q No. Is there anything else you'd like to add'? 24 A No. I mean I heard of other stories that he did 25 and I don't think it's very like appropriate like ..... A Q A A Page 12 Q Right 2 A -- the stories that t heard. 3 Q Right Well. a lot tit people that I've been 4 talking to aic about your age and a couple younger than you. 5 St) that's the part that I have serious problems with. 6 A Yeah. 7 11,.(1:11V1-: RECARFY Do you have sly 8 questions'? 9 1W DETECTIVE DAWSON: 1C Q Did you sec am others -- when you vere there you 11 said you talked to two girls in the kitchen. The second 1 2 iliac VOLI 0 Lilt. Viii! ‘Veni jai -- .13 A 1 laley. 14 Q Ilalcy. Were there any other girls there? 15 A Yeah, there were the same two girls that were 16 there. 17 Q Same two girls? Okay. 18 A I'm rretty sure they like live and travel with 19 him. 20 RF.CAREY: Okay. All right. Well 21 at this time I'm going to conclude this statement. 22 Its 11:45 a.m. 23 (Thereupon. the interview ended.) 24 - - - 25 Page: -13 . . :!:! ...... 4 (Pages 10 to 13) 02423 HOUSE OVERSIGHT 012362TAB 10 HOUSE OVERSIGHT 012363Page 1 IN RE: JEFFREY EPSTEIN DRAFT VIDEOTAPED INTERVIEW OF 02528 HOUSE OVERSIGHT 012364(.1.herotillon, the rollowing videotaped interview "a3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 - - - 4 13Y )ET1'.CTIVF. lCAREY: 5 Q All right. I appreciate you coining down again. 6 All right. The reason why I asked you to come down was that 7 I'm investigating a case in which my investigation. I 8 believe that you have information on Jeff Epstein. Okay? A Okay. Q First of all, iiefive we even begin, lvi me Just swear yOU Ill. Okay? Raise Your right hand for me. J )o You swear to tell the truth, the cc hole truth and nothing. but Ate truth so help you God? A A Q A Q A Q A A Yes, I do. Okay. Do von Understand What I'm saving? Yeah. knoyx you're J-41Janish. I know Yeah. I can speak Spanish. Yeah. All right. First of all: do you remember Jell? Yeah. Okay. Lives on1113rillo? (No audible response.) Okay. Why don't you tell me from the beginning Page 4 couldn't take inc. 2 () Oka\ . 3 A 4 Q Okay. Okay When you got there. \vital 5 happened? 6 A It seems really weird, the whole situation. 'there weiv more girls in the house and then they just saw me go 8 ii 15151 the show mc the room, it was a massage rOOTII. 9 Prel ty nonnal Then he came and_ you know, l give him a 10 massage. 11 Q I Actiy. I've talked to a lot of girls and it lot of 12 girls have told me different things. 13 A 111/-huh. 14 Q 010Y.1) So I'm very aware of what happens when you 15 provide a massage. Okay'? 16 A Yeah 17 Q When you got to the house you went there with 18 19 2C 21 22 23 24 25 A Yeah. Q Okay. I low did you come into the house? Do you remember? A What do you mean'? Q Did you go into the front door? A Yeah. Q Did you come through the garage'? Page 3 1 how You met Into. 2 A Okay. It Was something in higli school. I Ivery body 3 was like trying to make money and at the time I had two jobs 4 I guess. That was like two years ago. Q About two years ago? A Yeah. Q When you first met him? A No audible response Q t )ktic 10 A Yeah F WilS 17. YML 'acre 17 Ilicin? l 2 A (Video at 1:37) 13 Q What is it that You c‘ere told you would have to 14 do? 15 A (-jive him a massage 16 Q Okay. 17 A Thai was it :18 Q Okay Who took you there? 19 A Her name is 20 (1 Al ;1 Aldo von have inly rOTTllal 21 massage training? 22 A No. 2.3 Q NO. Did -- so =took you there. 24 A MI didn't take me there. look one olmy 25 Ii tends and then Faith was the one who took me because= 5 6 8 9 had;) Page 5 A Well, when you go inside there's like a door. I 2 don't know if it's the front door. I don't know. 3 Q Is it a wood door? A A wood door, yeah. 5 Q It is a wood door? A It's probably the back because it goes through the 7 kitchen. Q It goes through the kitchen'? 9 A Yeah. 10 Q Okay. And you were brought into the kitchen. 11 right? 12 A Yeah. 13 Q Who was in the kitchen there? 14 A Oh. my God. it's so long ago. 15 Q So long ago? 16 A Yeah. 17 Q Okay. 18 A I don't remember. 1 9 Q Do you remember any of his assistants? 20 A 21 22 A She sc as ihe one. 23 Q She Was the one that you met with'? 24 A And there was the one that call me andl told her 25 I wasn't going to do it anymore. I think her name was 2 (Pages 2 to 5) 02529 HOUSE OVERSIGHT 0123651 '2 3 4 5 6 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 95 M6Q) Okay So when you wine mto the house: you go tnto the -lichen, you meet with sonic people there who takes you up -- A With Q You met with =*? A Yeah. Theiity sit down and tell sit down and everything I go and call Jeffrey. That's what I wins coin -used when you say Jell. I don't know any Jeff And then she takes me upstairs and=tays there and Faith stays there like the lime whil717 upstairs Q Okay Okay. SiM takes you upstairs. Did You use the stairs -- A Yes. () -- to go upstairs? Okay. Do you recall anything lNeird w hen on were going up the stairs'? A 'he pictures. Q Okay. Pictin es of what? A Naked people. Q Naked people. Okay. Okay. She brings you into this you said it was a massage room'? A Yes. Q Is Jeffrey already there? A No. Page t-.• 1 Q his back aild on his legs. Okay I low \vete you 2 dressed when you were giving the mitssagc." 3 A 1 w as in leans and a .f -shirt Q Okay. Okay.. At aoy point did he ask you to 5 remove your clothes? 6 A Yeah 7 Q Okay.. This is during the first massage'? 8 A Yeah And I say no. 9 Q And you said no. ( /Kay. Okay 11ti you continue 10 with the massage? 11 A Yeah ti was kind of weird that he asked me take 12 My clothes Off. -3.13 Q Okay. So take me through then lion there. You're 14 doing the massage? 15 A I do the massage. Aker I firusIt he's like okay. 16 Actually lie pay me before I start doing the massage 17 Q Ile paid llow much did he pay 1:01I? 18 A S2tiO. 19 Q 1;200. At any Lime during when you're giving him 20 the massage; did he ever trim over -- 21 A Yeah. 22 Q -- onto his back'? 23 A Illt-huh. 24 Q Okay. Tell me what happened alter that. 95 A I massage like on I don't know how you say it. Q No? Winn did you do nest? 2 A I sit down there and she tells Inc just Wil il a 3 second. Then she comes back and we put like the little bed 4 for the massage and she's like okay, there's SOMe lotions and he'll be right out 6 Q Okay. 7 A Then he comes in, he a like okay_ Then he k.nows my name already. I'm Ihen he's like okay, just a 9 massage. 1 Okay. WIlell he Caine 111 lVati Ile M a I01.‘eP WIIN he 11 in a robe'? L2 A No. He had like clothes. Ile was miming or 13 something like that. 14 Q I lad regular clothes oil? L5 A Yeah. 16 Q And he got on the table with the clothes on'? 17 A No. He took his clothes off and he puts like a 18 towel. 19 Q Ile put a little -towel over hint Okay. So at any. 20 point did you sec him naked? 21 A Not on the first time. 22 Q No. Okay. So he lays on the bed, massage bed 23 with his towel and you start massaging hint. Do you remember 24 where you provided the massage? 25 A On the back and his legs. Page 7 Page 9 1 Q in his chest area? 2 A C hi his chest. yeah. 3 Q During the time you're massaging lUrn on his chest: 4 is he touching Itinnselr? 5 A Yes. 6 Q t &ay. Explain, explain tItat to me. 7 A Well, he start getting a little excited about it 8 :aid he start touching himself and I told him stop. ;aid that, 9 that was it. 10 Q >Lay. When you mean by touching himself. you mean 11 he IN us masturbating'? 12 A Yes. Q And You told him to stop? 14 A No I didn't tell him to stop. 15 Q I. okay. Okay. So while you're rubbing his 16 chest, did he ever take oil his towel? 17 A Ni 18 Q So how would he he able to masturbate Jr-- 19 A Welk like lie had his hand under the towel. 20 Q Under. So you never saw him. Did you exet see 21 him naked? 22 A No. Not the first time hut I saw him like the 23 second time. 24 Q okay. Okay. Okay. So then you did your ma -- 2 5 continued with Your massage? 3 (Pages 6 to 9) 02530 HOUSE OVERSIGHT 0123661. A Yes. 2 Q Okay. What clsc happened alter that? 3 A Nothing elsc. After I was finished. Acnizilly 4 like it was supposed to be an hour. But the first time it 5 was just 30 minutes. 6 Q Okay. The time you were rubbing his chest and he 7 was masturbating, did he ever elimaN? 8 A No. 9 Q You know what I mean by that? 1 0 A Yeah. 11 Q Okay. How did you cad the massage? Did he just 12 say that's enough? 13 A Yeah. 1 4 Q Okay. Okay. So then you went back downstairs? A Yeah. And I say toMinkay.l'in done, and we 16 left. Q Okay. Did he ever ask you to leave your telephone 8 ntimber to call you back if you wanted to work? 19 A He asked for my phone number. 20 Q He asked for your phone number? 21 A Yeah. 22 Q Did=give him your phone number? 23 A (Nods head yes.) 24 Q Okay. Did Mget paid for taking you'? 25 A Yes. Page 12 go to go work. A Yes. Q Okay. The same thing, you go into the back door 4 to the kitchen area? 5 A Oh-huh. Q You meet with= A Yeah. And she takes me upstairs. Q She takes you upstairs. Okay. He offered you 9 more money to get naked? 10 A Yes. Well, he told mc just to take my shirt off. 11 He didn't say anything clsc. 12 Q Okay. Okay. And did you? 13 A No. 14 Q No. But that's not the only two times you'd gone. 15 You've gone more times'? 1 6 A It was like around three, four times and then I 17 just --I was just scared that he was gonna do something. 1 8 Q Did he ever photograph you'? 19 A No. Not that I know, 20 Q Did he ever take videos of you? 21 A No. nn Q Okay. Did you ever give the massage with any 23 other woman? 24 A No, 25 Q Okay. Did you ever get naked while doing the Page n Q Ilow 'ouch did she Oct paid'? 2 A $200 3 Q She gut paid S200 for taking you as well. Okay. 4 So tell toe about the second time. 5 A Second time1 don't rernerni-yer who took me I never 6 went by Inv self. I was seared to go but it was kind of like 7 ...le same. Same situation than the first one but he offer rue 6 more money just to lake my shirt off and I didn't do it rind 9 he Nlas the some. I le did the same things and then he took 10 hi; low el off 1 Okay. 12 A And like after he was done like he never like got 1 .3 to the climax. I never saw him. 14 Q You IleVet SM.. 15 A (Shakes head no.) 16 Q Okay. You o ere going U. 17 18 A Yeah. That's how everything started. 19 Q ihuits boo everything started'.' 20 A 11allof the school knew about it. 21 Q flail of the school knew about it? Let me, let me 22 back up for a second. You go the second time. Who calls 3 you to go back to house? 24 A 25 Q calls you Novi you make an appointment to Page 13 1 massage'? Any of the massages'? 2 A Once. 3 Q Once. 4 A But it xvas in my underwear. It was never 5 completely naked. Q Okay. You staved in your Mixon'? I littler wear? 7 A And my top. 8 Q And your top So you staved in bra and panties' 9 A (Nit aIldible reSp011Se.) 10 )kaV. 11 A I think there w as one that I take :it). lira off hut 12 that was it. 13 Q Okay. And each time you went did he offer you I 4 more monies to do mole tInugs'? 15 A Yes, Actually I knew that because of she 1. naudthle). I don't know her Iasi name. 17 Q okay. 18 A 13ccau.se site ask me, she says he'd offer more money 19 if I have sex with him and I said that's never going to 20 happen. 'there's no way IM going to do that for money. 21 Q Okay. And by having sex means intercourse or -- 22 A Yes. I guess. I don't know. I don't like talking 23 about 24 Q Okay. 'line second time, did he offer you more 25 money to do more things') 4 (Pages 10 to 13; 02531 HOUSE OVERSIGHT 012367)RAF_ A Q Yeah. $100 more just to take iny shirt off Okay. And you said you didn't do it. 3 A No. Q Okay. Did hc masturbate on the second time? 5 A Yeah. 6 Q And did he ever climax? 7 A Actually the second time like it wasn't that bad 9 10 11 12 13 14 15 1.6 17 JR .L9 20 21 23 24 25 because he Nvas like on the phone all the time and so he wasn't paying attention to what was going on. Q Did he ever at any point masturbate the second time? A No. Not that I remember. Q Did he ever ask you any questions or speak to you or ask you anything? A Well, he tried to talk to you just to make you comfortable with thc situation like where do you work and like how much do yon make at your work and then he start saying you can make more with we. but I didn't feel like it was right. A A A Did he er.er know your real age? After a while like because somebody told him. That you w ere -- Yeah. 17'? Like told us_ we were supposed to say wc Page 15 1. were 18. 2 (.,? Arid who 11)1d 1oil that to say that'? 3 A 4 Q 5 A was the one who broug.lu everythtng to 6 everyone at school. That's how we know about it. Then she t()ok=und =took me. .fdltitilio 15:02) 8 Q I )kay. So each time nit did go, did =get 9 10 11 13 ii 4$, reilmioinigivaiL 16 A .................................................................................. i3tilldidn't get 18 money out of that. 19 Q Okay. Did anybody ever help you do a nias.,;age with 20 hint? 21 A No.=isked me to do it with her and I didn't 22 feel comfortable. 23 Q All right. All right. Talk to me about the third 24 time you went. 25 A I don't remember it was like kind of always -- (Video at 1-1:57) looney fol A Well. went oith mehlice I guess. And that was it. Then I went n, ith Q Okay. And did she make money? 1)id =make for taking you to him? 3 4 5 he paid you more to do more things. right? 6 A Yeah. The thirdlime it was when I took my shin 7 off. 8 Q Staved with your bra or were you -- 9 A Stayed in my bra 10 Q Okay. 11 A And that was when he paid me 300. 12 Q He paid yon 300 for that'? 13 A Uh-huh. 14 Q And same thing -- 15 A Yeah. 16 Q He came ill. Was he naked again'? 17 A Yeah. 18 Q Okay. You gave hint a massage and at that point 19 was he still playing with hi insell? 20 A Yeah. 21 Q Masturbating? 22 A Uh-huh. 23 Q Okay. Do you know if at any point did he ever 29 climax during this'? 25 A No. Page 16 it was always -- It was the same_ 2 Q ti was the same? A It was the same. Q Obviously more stuff happened because, you know. Page 17 1 2 say that's it, that's enough? 3 A Yeah, he would just stand up and take a shower and 4 I unild grab my things and leave. 5 Q May. All right. Talk to me about the pail when 6 von got diiwn lii votir underwear 7 A That was the last time that I saw han. 8 Q When was the lust time? Was that -- 9 A It w as 'mg ago. M4we than six month:•tago. 1.0 Q You sure it's not any lime sooner than that? 11 A I don't remember I ike I told I didn't 12 want to do it anymore I was scared he was going to do 13 something_ 14 Q t )kay Why do VI KI sa yr itt ii ere scared he was going 15 to do sornething-.' 16 A Ikeanse I like know he has a lot ur girls and I 17 don't know, like he was olIering=inore money for it. 18 Like I think he bought her a car or something like that. 19 She Just got a car and she told me he got it for her. 20 Q Do you know what kind of ear it was? 21 A I think it's a Dodge or something. 22 Q A Dodge" 23 A And then she like then had money or anything and 24 she ended up going to Europe for like the summer. 95 Q Did she go with Inin? Q Okay. I IUNV 1‘1/1.11d the in issages end" Would he Just 5 (Pages 14 to 17) 02532 HOUSE OVERSIGHT 01236811) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 A I don't know. We never talk about it because I 2 was -- I didn't like the whole situation. 3 0 Okay. Did he ever touch you? 4 A Yeah. 5 Q In what way.? 6 A My hack and my butt. 7 Q Did he ever, did he ever take out any toys? A No. 9 Q Did he ever touch your breast area? 10 A (Nods head yes.) 11 Q Did he touch your vaginal area'? 12 A Yeah. 13 Q All right. Did he touch you with his hands or 14 with something else? 15 A With his hands. 16 Q Okay. Okay . Was this over your underwear or 17 under? 1.8 A Over my underwear. 19 Q Over or under? 20 2] 22 2.3 24 25 A Over. Q Over. Did he ever insert his fingers in you'? A (Shakes head no.) Q And as he was doing this, he was paying more money? A The maximum that he paid me was 300. Page 1 9 Q Three hundred. And that was the last time you 2 went? 3 A (Nods head yes.) 4 Q When he touched your breast area you didn't have 5 a bra on'? 6 A I didn't have a bra on. Q You didn't have a bra on. And your buttocks? 8 A Uh-huh. 9 Q Was that over your panties or under your panties? A Like I have a thong on so... You had thongs. Okay . All right. Did he pull you close to him? A Yeah. Q And all this while hc was masturbating'? A (Nods head yes.) Q Did he have you touch him? A No. Q Aside front the massage. touch him in his penis area? A I Iuh-huh. No. Q Did y.ou bring anyone else other than -- A A (Video at 20:22) Do you know last name? 2 3 5 -7 8 9 10 11 Q Did you ]uccive luoucy forM or -- 12 A I don't remember. I'm pretty sure I didn't. 13 Q Okay. When was the last time you had contact with 14 anvone from the house? 15 A Wel1,1 don't know because she told me they were 16 going to New York the last lime we talked. the last limel 17 went. 18 Q What's a while ago'? 19 A Probably two months or more. 20 Q Who called you? 21 A 23 A And she said that she was going where? I hey were going to New York. 24 Q New York? Nobody else from the house has called 25 you to say the police are looking into it? A A A A No. No idea. lotA about• Does she also go to 1111-huh. And \vital about M? Yes. Did von receive monies for taking =mil Page 20 Page 21 1 A (Shakes head no.) 2 Q Okay. This case is basically an investigation, an 3 open investigation, so I appreciate it what we discuss stays 4 here. Okay? 5 A 1th-huh. 6 Q Don't tell anybody that we. that we talked ()km-) 7 A )kav 8 Q Did y ouel.er have any intercourse with him? (Video at 22:41) 1'-'10 A Nr (tl, orar? 11 A i Shakes head no.) I 2 Nothing? 13 A Nothing else. 14 Q C /Lay. I'm going to show ymi mi group of 15 photographs. I'm going to show yon a group of sms 1 6 photographs. Oka '? I'm trying, trying to see if thisM 1 7 is in these six photos. Okay? 11's important that you look 18 at all six of them and be sure who you pick as the person as 19 =, okay? She may or may not be in these six photos but 20 it's imrx tam foi you to pick the right one. Okay? 21 A 1.1h-huh. 22 Q Take your time looking at those six photos there. 23 A l don't see her. 24 Q She's no: in those photos there? 25 A No. 6 (Pages 18 tc 21) 02533 HOUSE OVERSIGHT 012369tr________________ I Q Him. would you describe 1)RA 1 appreciate you coming down. Okay? 2 A She would be here but she'. :she's= A Thank you. 3 and slit, looks like her hi it I'm not •.tit-L: 3 0 All right. 4 Q Okay. That's why I needed you to be ribr'lutel 4 (Thereupon_ the interview ended.) 5 sure. I appreciate you being hifflest and not picking anyone 5 - - - out bee:11.3tie i hat's important You know'' You have my card, 6 7 right? 8 A No, I lost it. lake I think I left it at my job. 8 9 Q Okay. I gave your sister one. Thai's MY enrd. 9 10 A You +vent hack 10 ms house? 10 Q Yeah,11.vent by today. She's the one ho gave MC 11 12 your cell. Your sister 12 I 3 A You tell her what it was? 13 14 Q No, No. I just told her thatt.ou were a witness 14 15 and I needed to talk to you. 1 .`) 16 A Is he going In know ally thing about any ()I this') 16 17 Q About the investigation? Fvent natty I'm sure he 17 113 ;111irl 1 1 1;; 1.1 W,.. out about the investigation. . would appreciate 1 fi 19 it if anyone did contact you that you call me and give me 19 20 JUSt -- basically let me know that somebody called you. 20 71 A If they call me? 22 Q If they call von. Is there anything else you'd 23 like to add to this statement or -- 73 24 A No. just seared that he's gonna knots 25 Q Why are you scared of him'? 25 Page 23 1 A 'that he's gratin) tlo something. 2 Q Trot gonna do am. thing. 3 What did he tell you he did for a living? 4 A Ile was in brain something. I le studied the brain. 5 Q 1-le's an investor and that's it. Just a money 6 investor That's it les unit -- hall of ilie thmes that 7 lie to.c.H some of these people, he's just a money invcsiiit. 8 That's it. So don't be afraid. And if they do call you, 9 just cull me and let me know 10 A If they ask me to come over there should I just 11 say no? 1. ike I don't Ns ant to go (3 You haven't been there? 13 A (Shakes head no.) i'iwt When .s 1.11.2 ,USt time ou said you were there? lb A I.ike three_ four months ago. Longer than that. 1 1 C. don't remember. 17 Q I think it's about three or lour months ago. I 18 think it's three or hour months ago because -- is there 19 anything else you'd like to add? 20 A Not neal l\ . Q No? Okay. 1 appreciate you coming do;wn. And let 22 me walk you out. 23 A Is something going to happen to me'? 24 Q No. No. I just, like I said, you're not in ;Inv 25 trouble whatsoever. I just wanted to talk to you. I Page 24 Page 25 (Pages 22 to 25) 02534 HOUSE OVERSIGHT 012370TAB 11 HOUSE OVERSIGHT 012371U.S. Department of Justice Office of Legislative Affairs Office of the Assistant Attorney General Washington, D.C. 20530 November 9, 2007 The Honorable John Conyers, Jr. Chairman Committee on the Judiciary U.S. House of Representatives Washington, D.C. 20515 Dear Mr. Chairman: This letter presents the views of the Department of Justice (the Department or DOT) on H.R. 3887, the "William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007," as introduced by Congressman Lantos on October 18, 2007. The Department has significant concerns, which are detailed below in a section-by-section analysis. The proposed legislation, as drafted, would eliminate the Department's role in several important steps in the victim identification process, and thereby negatively impact our ability to ensure the safety of victims and their families, rescue additional victims, and apprehend and prosecute human traffickers; it would broaden the criminal statutes regarding prosecution in a manner that detracts from effective enforcement efforts and raises serious federalism implications; and it would unconstitutionally intrude into Executive authority. 1. Section 102 The provision in subsection (e)(2)(B) authorizing the Director of the Office to Monitor and Combat Trafficking in Persons (G/TIP) at the Department of State to interview victims should clarify that the Director is authorized to do so only with the consent of the Attorney General in any case where an ongoing investigation or prosecution may exist. Otherwise, serious issues could arise that would complicate or even scuttle prosecution. For example, any statements made to the Director would presumptively have to be turned over to the defense and any statements that contradict statements made to law enforcement or prosecutors would be required to be turned over to the defense. 2. Section 103 DOI finds section 103 unnecessary and duplicative of existing efforts and, therefore, opposes its inclusion in the bill_ DOJ and other Federal agencies are already offering the types of assistance that are described in the section. Furthermore, the new subsection (a)(i)(3) would require the United States Government to provide "technical assistance to provide legal frameworks and other programs to foreign governments and nongovernmental organizations to HOUSE OVERSIGHT 012372ensure that foreign migrant workers are provided protection equal to nationals of the foreign country." This provision does not differentiate between legal and non-legal migrant workers, nor does it distinguish between forced labor and non-coerced migrant labor. DOJ believes that any international standard that we promote must mirror our domestic standards. Similarly, the new subsection (a)(i)(4) could be read as encouraging countries to loosen their immigration Iaws, 'something that the United States Government might not be willing to do. Subsection (b) amends the Foreign Assistance Act of 1961 (22 U.S.C. § 2151 et seq) to provide specific assistance for anti-trafficking investigation and prosecution units in foreign countries. This subsection could be construed as prioritizing sex trafficking over labor trafficking. As stated above, DOJ believes that any international standard that we promote must mirror our domestic standards, which prioritize both sex trafficking and labor trafficking. Further, the amendment to 22 U.S.C. § 2152(d)(a)(2) should include a reference to labor trafficking and should, therefore, read "including investigation of individuals and entities that may be involved in trafficking in persons involving sexual exploitation or forced labor." 3. Section 104 The Department objects to the language in this section that specifies the groups with which the United States Government must consult and coordinate in offering assistance and protection to victims of human trafficking. Such language both places undue restrictions on the United States Government and could limit the Government's ability to deal with some necessary groups. It has been the consistent practice of the Department to consult widely with a range of stake holders and others before designing a program of foreign assistance on human trafficking. Such an additional requirement in the statutory language is unnecessary. We suggest that the language be amended to read, "[l]n cooperation and coordination with organizations which may include the [UNHCl2], the International Organization [for] Migration, and other relevant organizations...." 4. Section 105 DOJ recommends that subsection (a) also require that the effectiveness of assistance programs be measured based on best efforts to facilitate cooperation with law enforcement, along with the other criteria. 5. Section 106 DOJ opposes the bar in subsection (b)(1) against including cases in which probation or low sentences are given. Some of the most important cases are the ones against cooperating defendants that result in minimal sentences in exchange for information or testimony. Embassies should have the discretion to take such situations into account when evaluating foreign government efforts to combat trafficking. The Department recommends amending section (b)(1 )(B) by striking "shall not be considered to be an" and inserting in its place "shall be considered on a case by case basis to determine if it will be considered an" so that it will give the Secretary of State greater flexibility in evaluating the efforts of other countries. 2 HOUSE OVERSIGHT 012373The Department also objects to the new paragraph (11), which lists as a criterion for ascertaining whether the government in question has made "serious and sustained" efforts to eliminate trafficking "[w]hether the government has made serious and sustained efforts to reduce demand for commercial sex acts and for participation in international sex tourism by nationals of the country." We object to this language because it is vague and will, by implication, require the United States Government to evaluate itself under this "serious and sustained" standard. The Depatiment prefers the language that was added by the 2005 reauthorization of the Trafficking Victims Protection Act, which evaluated whether countries "adopted measures" to reduce demand. 6. Section 107 Section 107(a) of the Act raises separation of powers and Chadha concerns. Section I07(a) would add a new 22 U.S.C. § 7107(b)(3)(D), which would limit the amount of time that a country could remain on the Tier IT Watch List to two years, "unless the Secretary of State provides to the appropriate congressional committees credible evidence that" the country had taken certain steps to make significant efforts to counter trafficking. That provision further requires that "[s]uch credible evidence" shall be provided to Congress in a report. To the extent that section 107(a) purports to give congressional committees authority to determine whether the Secretary's decision to exempt a country from the watch list is based on sufficiently "credible evidence," the provision would give the committees a role in executing the law that the Constitution does not allow. "[O]nce Congress makes its choice in enacting legislation, its participation ends. Congress can thereafter control the execution of its enactment only indirectly—by passing new legislation"—that complies with the bicameralism and presentment requirements of Article I. Bowsher v. Synar, 478 U.S. 714, 733-34 (1986); ,sree also NS v. Chadha, 462 U.S. 919, 951-52, 958 (1983). To avoid this concern, we recommend replacing "provides to the appropriate congressional committees credible evidence" with "determines;" and replacing "Such credible evidence" with "Such determination." 7. Section 108 DOJ opposes the requirement in section 108 to create a database "combining all applicable data collected by each Federal department and agency represented on the Interagency Task Force to Monitor and Combat Trafficking." The database would contain law enforcement sensitive information, which would prevent the data from being accessible to non-law enforcement agencies, many of which are a part of the interagency task force. Furthermore, such a database would be difficult to create, particularly within the timeframe provided in the statute, because it would require information from multiple agencies that collect data in varying forms and levels of specificity. 8. Section 109 This section authorizes the President to establish an award for efforts against trafficking and directs him to establish procedures for selecting recipients of the award. DOJ opposes this provision, as it interferes with the President's policy-making authority. 3 HOUSE OVERSIGHT 0123749. Section. 110 The Department opposes the statutory language in subsection I 10(a)(1)(B) that specifically mentions the U.S. Government sponsored hotlines for reporting instances of trafficking in persons. Statutorily providing for the names of the hotlines would interfere with the President's policy-making authority to change the hotline structure at a later date. Furthermore, the Act, as written, misnames the hotlines. 10. Section 201 In section 201, the Department objects to the new subsection "(bb)." To the extent that such a subsection is necessary, a question that we defer to the Department of Homeland Security (DHS), the decision regarding cooperation should include the Attorney General in addition to the Secretary of the Department of Homeland Security, as it does in Section 201(b). DOI. defers to DHS in regard to subsection (a)(1)(E), although we would note that by removing the "unusual and severe harm" standard, victims will be eligible for a T-visa upon a lower showing of "extreme hardship." The Department also defers to DHS in regard to subsection (a)(2), which would extend T-visas to parents and siblings of trafficking victims. As a factual matter, however, the provision should be amended to strike any reference to "as a result of the alien's cooperation with law enforcement." Traffickers threaten victims to intimidate them into compliance with traffickers' demands and to retaliate for victims' escape, not because of law enforcement cooperation. It is counter-factual to describe the pattern of threats and retaliation as linked to law enforcement cooperation, and disregards the fact that threats often only subside when law enforcement takes measures to secure the family or punish the traffickers and their associates who threaten victims' families. Furthermore, it is unclear whether the reference to siblings encompasses both minor and adult siblings, and whether spouses and children of adult siblings would be eligible for a T- visa. In subsection (b), DOJ opposes the new subsection (8)(B), which grants sole authority to the Secretary of DHS to consider whether "extreme hardship" exists. The new section, however, also requires consultation with "prosecutors," which presumably refers to prosecutors at DOJ, since DOJ is the lead prosecutorial agency for cases involving human trafficking. Since these prosecutors are under the Attorney General's authority, the consultation requirement should include consultation with the Attorney General. Subsection (c)(1), which creates the new subsection (3)(A)(i) in section 107(c) of the Trafficking Victims Protection Act (TVPA), should limit applications for continued presence to those being made by "Federal" law enforcement officials. Limiting the applications to those submitted by Federal law enforcement assists in the victim identification process. The Department has established a memorandum of understanding with DHS that ensures that the Department's prosecutors are informed when investigators apply for continued presence. Furthermore, limiting the applications to those submitted by Federal law enforcement ensures the uniformity of standards in making the determination as to whether an individual is a victim of a 4 HOUSE OVERSIGHT 012375severe form of trafficking in persons and eligible for continued presence. Finally, Federal law enforcement involvement in the process allows Federal prosecutors the ability to identify patterns of human trafficking activity that might span multiple local law enforcement jurisdictions. For these same reasons, the new subsection (3)(B) should add "Federal" before "law enforcement" to limit the authority to request parole for relatives to Federal law enforcement officials. The new subsection (c)(3)(A)(ii) should add "endeavor to" after "shall" so that a legally actionable obligation is not created as to Federal law enforcement's role in protecting the safety of trafficking victims and family members. While the U.S. Government makes every effort to protect trafficking victims, the statutory language, as written, could be construed to create a legally cognizable right and could lead to litigation. In the new subsection (c)(3)(A)(iii), DOJ opposes extending continued presence for the duration of a civil suit. It also raises the potential for abuse because of the lengthy and plaintiff/victim-controlled delays in conducting civil litigation. Furthermore, physical presence in the United States is not necessary for the successful maintenance of a civil action. Victims have other options to obtain status in the United States, such as T- and U-visas. DOJ notes a technical change to subsection (d), which currently has two subsection (2)s. DOJ recommends striking the second "(2)" and replacing it with a "(3)." 11. Section 202 The Department opposes the language in section (a) that legislates the existence of a specific task force, such as the Trafficking in Persons and Worker Exploitation Task Force. DOJ recommends deletion of this reference and the replacement of the named task force with "the Attorney General." DOJ also opposes the 120 day deadline in subsection (f) as unreasonable due to language barriers and translation needs. 12. Section 203 In subsections (a), (b)(1-2), and (c), DOJ opposes the language removing the Attorney General's role in determining whether the relevant applicant has complied with reasonable requests for assistance, an important factor in the decisions regarding T-visas, and that the investigation or prosecution is complete. Because the Department is involved in its prosecutorial as well as its investigative roles, DOJ participation is critical in assessing assistance with law enforcement, and it is well-situated to assess whether a victim has complied with reasonable requests for assistance that went through investigative agencies outside DHS, such as cases investigated by FBI or DOL. Therefore, a joint determination is appropriate because of the number of different law enforcement agencies that may be involved in a particular matter. 5 HOUSE OVERSIGHT 01237613. Section 205 D0.1 opposes the addition of the new subsection 240A(b)(6)(A) of the Immigration and Nationality 21 Act (8 U.S.C. 1229b(b)) unless the word "Federal" is added before "law enforcement official." The same proposed subsection currently states that the Secretary of the Department of Homeland Security "shall grant parole" to the relatives of trafficking victims. DOI. recommends changing this language to read "may grant parole" so the Secretary has the latitude to make an appropriate decision. There may be reasons pertaining to the circumstances of the relatives of the trafficking victim for which the Secretary should have discretion to deny parole. Further, DOJ finds it necessary to strike any reference to "as a result of the alien's cooperation with law enforcement" for the reasons noted above. In subsection, (6)(B)(ii)(II), DOI opposes a statutory requirement that parole be extended during pending civil actions. As indicated above, this action would create a potential for abuse because of the lengthy and plaintiff/victim-controlled delays in conducting civil litigation. 14. Section 211 The Department opposes the change of the "and" in subsection (1)(A) to an "or." Both the Attorney General and the Secretary of DHS need to be involved in the certification process. The current certification process is well-established and needs no statutory revisions. DOJ also opposes the change in subsection (1)(B), which would remove the Attorney General's authority in stating whether a person's presence is necessary in ensuring an effective prosecution. As the agency that prosecutes cases of human trafficking, DOrs involvement is vitally important. The Department has the same concern with the proposed change in subsection (2). 15. Section 213 We strongly oppose the language in this section that inappropriately removes law enforcement from any initial determination of victim status or benefits eligibility. DOJ and DHS play a critical role in protecting the safety of victims and service providers. Any failure to involve Federal law enforcement immediately upon suspicion that a crime has been committed could threaten the safety of the victim, impeded efforts to promptly rescue victims still in jeopardy, and possibly man that the offenders avoid apprehension. DOJ recognizes the important of including HHS at the initial stages for the purpose of facilitating prompt delivery of the full range of available benefits and services to trafficking victims. DOJ will continue to work with DHS and BM to ensure that interagency procedures afford victims of trafficking prompt protection and access to these services. The Department further objects to the provision set forth in paragraph (G), which would require both Federal and state law enforcement officials to inform the Department of Health and Human Services (HHS) of the existence of a potential victim, but does not require HHS, other Government officials, or non-governmental service providers to inform Federal or state law enforcement of such a victim. To the extent that such a notification procedure must exist, it must also include notification to the Attorney General and the Secretary of DHS, who bear responsibility for prosecuting and investigating instances of human trafficking. 6 HOUSE OVERSIGHT 012377DOJ also opposes subsection (b). Since the passage of the TVPA, DOS has been one of the principal agencies conducting trainings for a multitude of audiences, including task forces and Federal, state, and local law enforcement, on the issue of trafficking in persons. The Department also has experience in conducting training on juvenile victims through the Innocence Lost National Initiative. Effective efforts to combat trafficking must mobilize the expertise of HHS, DHS, and DOJ. DOJ also notes a misspelling in the new subsection (F)(ii)— "edibility" instead of "eligibility". 16. Section 214 Section 214 of the bill authorizes the Attorney General to make grants to assist victims of severe forms of trafficking up to $2.5 million in 2008, increasing to $15 million in 2011. The Department of Justice already has authority to make grants for the provision of services for crime victims and does so at a level in excess of $250 million a year. Also, the authorization of yet another grant program runs counter to the Administration's proposal in the 2008 Budget to consolidate DOJ's more than 70 grant programs. Moreover, any provision purporting to expand or alter definitions of individuals of qualifying for victim benefits must include the requirement that a Federal law enforcement agent must declare the individual to be a victim of a severe form of trafficking in persons, and that the victim agree to cooperate in the investigation and prosecution, or that the victim be under the age of 18. DOJ opposes the consultation requirement in subsection (a)(1) with the Secretary of State for establishing programs to serve domestic, U.S. citizen trafficking victims. Such domestic authority falls outside of the mission and expertise of the Department of State. DOJ also opposes the mandatory consultation with non-government organizations (NG0s) regarding the provision of services. This creates a conflict of interest since many of the NGOs will apply for and could receive grants under the program. Finally, any section regarding the provision of victim services must also contain language that includes organizations that provide services to "juveniles subjected to trafficking, as defined in section 203(g) of the Trafficking Victims Protection Reauthorization Act of 2005," which would ensure that the funds authorized to the Attorney General for establishment of grants will go toward the work and development of the Innocence Lost Task Forces. DOS opposes subsection (b) because it provides Victims of Crime Act of 1984 funds to prostitutes implicated in violations of the Mann Act (criminalizing transportation of prostitutes in interstate commerce). Such persons do not meet the legal defmition of "victim" as that term is defined in the law, unless the person prostituted is under the age of 18 at the time the crime was committed or the person, through the application of another Federal statute or regulation, satisfies the legal definition of a victim. Such persons are already eligible under the Crime Victims Fund Act to receive benefits. 7 HOUSE OVERSIGHT 012378Dar opposes section 214(d), as it could be construed to require the Attorney General and the Secretary of Health and Human Services to make legislative recommendations to Congress in violation of the Recommendations Clause. To avoid this concern, we recommend inserting ", if any," after "recommendations" in section 214(d)(2)(E). Further, DOJ finds subsection (d) redundant. A thorough study of services available to domestic and foreign victims was conducted by the Senior Policy Operating Group in 2005-2006 and found few statutory differences between the treatment of domestic and foreign victims. Subsection (d)(2)(C) contains a redundant statement. Victims of sex trafficking are victims of severe forms of trafficking in persons. 17. Section 221 In subsection (a), DOJ opposes the proposed change of MO*g thc içhw!edgc, of AgOI0000000#0i010404:03 to:i',14Y.PF*Vir.,01go!, This change of law would create a strict liability crime, similar to 18 U.S.C. § 2423(a), with similarly severe 10 year mandatory minimum sentence. However,16W04004kig44(a)**40#Xa) is exceedingly .1iii*KtiiitifitAkt0A0t***.grilgOgogfogoo Therefore, the suggested subsection (a) would create a rare circumstance wherein there is a substantial mandatory minimum sentence for an already unusual strict liability crime. Accordingly, this provision is likely to face significant legal challenges. DOJ opposes subsection (b) in its entirety, The proposed language is both over-inclusive and under-inclusive of human trafficking activities, and the language is vague. Moreover, the provision is unnecessary because section 1589 already prohibits many of these activities when they result in "serious harm," whether physical or emotional, to the victim. The Department opposes subsection (0(1), which would expand the Mann Act to include cases "affecting" interstate commerce. The Department does not require any additional statutory authority or expanded jurisdiction in order to continue its successful prosecution of human trafficking cases and related criminal conduct. Agrg#0.0,:01010::*:-which ',!ktdtt*.- !toiNio:: #.',g*aittatimoffdt0 :,„,i:::.:::: .t ' ::44011i iri t.i-400:ifit :•0I'11dLer1:ww: ?t. cruon is prLsunlcd, t e, .‘'11.:1#00i. ::= .04 0.00' ;00t,titjpqpqigiv '. aft Amol.t* crvitude, rnd civiieroiatsi.x-411Y6.1Yillgi :all titta :D)i;:.i.AV iiiiitt.-04t0i000704.0tkoi, The Department's record during the last six years demonstrates its success in investigating and prosecuting trafficking and retated crimes and in convicting and securing appropriate sentences for traffickers. At efia historicali 'been prosecuted at the',igAtoxim,01.00.-i 'This allocation between state and Federal enforcement authority does not imply that these crimes are less serious, but rather reflects important structural allocations of responsibility between state and Federal governments. The federalization of these crimes would treat them differently than other serious crimes such as murder and rape, which are prosecuted at the state level. Kidnapping, similarly, is a Federal crime only when it involves transportation "in" interstate commerce. . 8 HOUSE OVERSIGHT 012379Departi state aid localator1tits are not eutrently 4 high volume of prostitution-related crimes, and capacity to prosecute these offenses. ,00.0.74.;pmj§0043g*...pppggyo Finally, due to the the Federal government lacks the necessary resources Therefore, to the extent that this !!: 414 ...okikigrittliOigl ti-000040!. !ti.iAt:04.iilbiii:F000%).114*00000.000.Pt 0000Wittga4 DOJ also opposes subsection (g), which would expand the sex tourism offenses to include those who travel for purposes of illicit sexual activity with adults. The Department's current efforts with regard to extraterritorial offenses focus on child sex tourism, which are very demanding and resource-intensive cases, requiring gathering evidence abroad, bringing victims to the United States to testify, and coordination with foreign law enforcement agencies and foreign governments generally, among other matters. Any expansion of authority would be a distraction from those priority cases and would exacerbate existing burdens on investigation and prosecution. The Department believes that the addition of 18 U.S.C. § 2423A is unnecessary and that 18 U.S.C. § 2423 does not need to be amended. Should Congress create 18 U.S.C. § 2423A, DOJ believes that language should be retained in 18 U.S.C. § 2423(e) that allows the Government to charge attempt or conspiracy for 18 U.S.C. § 2423(a) crimes. Finally, DOJ notes that the definition of illicit sexual conduct needs to be updated to include production of child pornography. 18. Section 222 As a general matter, the Department opposes the expansion of jurisdiction over offenses involving non-American offenders or victims that are committed outside the United States. The expansion ofjurisdietion in this section would place an enormous strain on available resources. In addition, this new section's jurisdiction description overlaps with 18 U.S.C. § 3271. Should the choice be made to keep the jurisdictional provisions provided for in this section, perhaps it would be more effective to expand section 3271. 19. Section 223 These provisions are not directly related to trafficking. As this section is related to aliens brought into the country for the purposes of prostitution, without a showing of force, fraud, or coercion, and the International Marriage Brokers Act (IMBRA), this bill is not the vehicle for this language. Furthermore, subsection (a)(1) removes the requirement from section 278 of the Immigration and Nationality Act that such conduct be done in furtherance of the importation of the alien. By removing this requirement, the bill extends the statute to cover all instances of "pimping" an alien. 9 HOUSE OVERSIGHT 01238020. Section 224 This section misunderstands the purpose and effect of the model law and should be deleted. The Department's model law was never designed to supplant pre-existing state laws which target pimping, pandering, or prostitution, but rather to supplement those laws. At the time that the Department's model law was issued, most states had comprehensive laws addressing prostitution, pimping, and pandering. However, most states did not have laws focused on human trafficking. The Department's law was designed to raise awareness of the issue of trafficking and to encourage states to closely examine cases to ensure that cases involving fraud, force, and coercion are not labeled as prostitution offenses. The Department believes the law has been successful in accomplishing this goal. 2L Section 231 The Department opposes any statutory changes to the annual report. The change in subsection (1) is unnecessary as this language is currently included in the annual report. The information requested in the new subsection (I) would be excessively burdensome to gather. 22. Section 232 DOJ opposes this addition as unnecessary. Human trafficking laws that do not require the proof of force, fraud, or coercion, namely laws that concern minor victims of severe forms of human trafficking, are already discussed at the annual conferences. To the extent that this provision would require the Department to discuss human trafficking laws pertaining to adult victims that do not require the showing of force, fraud, or coercion, such laws would not fail under the definition of human trafficking and the annual conference would be an inappropriate venue for the discussion of such laws. However, DOJ trafficking prosecutors utilize a wide range of statutes in addition to Chapter 77 offenses to address all criminal conduct associated with human trafficking. This includes the Mann Act, money laundering, visa fraud, immigration offenses, criminal labor violations, and extortion, in addition to other criminal statutes. Accordingly, DOJ training at annual conferences, the National Advocacy Center, the National Center for Missing and Exploited Children, and field training with the Department of Justice funded Human Trafficking Task Forces and provided through the Innocence Lost National Initiative include discussion on the importance of using all available criminal statutes as essential tools in charging decisions. Thus, this section is unnecessary. 23. Section 233 DOJ opposes the change to section 206 of the Trafficking Victims Protection Reauthorization Act of 2005, which would remove the discretion of agencies in informing the Senior Policy Operating Group (SPOG) of grants. Such a change could be read as giving the SPOG oversight authority over grants. It also fails to take into consideration situations where grant-making agencies may be unable to notify the SPOG of the grant. 10 HOUSE OVERSIGHT 01238124. Section 234 The Department opposes subsection (a) as an excessively burdensome and unnecessary creation of a new layer of bureaucracy within our agency. The Department does not believe that there is currently any lack of coordination, and a new position could lead to duplication of efforts. Furthermore, subsection (a)(2)(A) incorrectly lists the Civil Division and not the Civil Rights Division. 25. Section 236 In subsection (a), DOJ questions the reliability of the congressional findings, especially with respect to the estimated number of victims and the inference that the lack of child victims is directly related to a lack of education individuals who may come into contact with human trafficking victims. Such findings, without a full body of evidence, are counter-productive. The Department also opposes subsection (b). The Attorney General should be involved in any program that focuses on combating child trafficking at the border. We propose that section (b)(1) is amended to read "The Secretary of Homeland Security, in conjunction with the Secretary of State, Attorney General, and the Secretary of Health and Human Services." Further, most of the children interdicted at the border are used for smuggling and are not trafficking victims, In subsection (b)(5)(D), DOJ believes that the proceedings for removal to non- contiguous countries are problematic because DHS needs more flexibility to handle gang members, terrorists, repeat offenders, and state offenders. Furthermore, the terrorism exception provided is too narrow to protect the national security interests of the country. We oppose subsection (c)(1) to the extent that it limits the Administration's ability to determine the best arrangement for custody or various classes of UACs. The administration will work with DHS, DOJ, and MIS to refme and modify current detention practices where necessary. The interagency process is the best forum to consider the various interests of unaccompanied minors and law enforcement and to develop and adapt policies that, among other things, provide for the safety of all concerned. We look forward to discussing these developments with Congress in the future. The Department opposes subsection (d)(2) as too narrowly construed. There are numerous reasons, outside of the child proving to be a danger to himself or others, that require children to be kept in a secure facility, including the safety of the child from danger that is not self-imposed. In addition, the standard for placing minors in "secure" care is too strict. It requires the "least restrictive setting that is in the best interest of the child." HE-IS only places 1.4 percent of minors in its care into a "secure" custody arrangement. This could mean that minors who need this arrangement would instead be housed with children who have no history of violence or criminal behavior. HHS needs more flexibility and there should not, therefore, be required to make an "independent finding" of the child's danger to self or others. DOJ opposes the language of subsection (d)(3Xc) that would afford HHS access to law enforcement sensitive databases. 11 HOUSE OVERSIGHT 012382The language of subsection (d)(5) must be changed from "shall ensure." This implies a legal obligation on the Federal government to provide counsel and a concomitant right on behalf of victims to government-funded counsel, which is inappropriate and would subject the government to litigation over the nature and scope of the purported obligation and right. The Department also opposes subsection (d)(6), which creates a guardian ad 'item program. Such program raises serious conflict of interest concerns, and DOJ has opposed similar language in the past. Establishment of a guardian ad [item program is also unnecessary in that 18 U.S.C. §3509(h) already sets forth detailed procedures which provide for court appointed guardians ad litem for children who are victims of or witnesses to crimes involving abuse or exploitation. Subsection (d)(7) may result in unintended consequences due to this confidentiality section. To effectively combat trafficking, relevant information must be transmitted to law enforcement. Law enforcement is well-equipped to preserve confidentiality concerns, The Department believes that subsection (e) undermines the 1997 Special Immigrant Juvenile reforms and opposes turning this back over to the states, where it was inherently flawed. In section 236(j), the effect of the apparent retroactivity of the general applicability of these amendments to "all aliens in the United States before, on, or after the date of enactment of this Act" raises serious concerns about the provision of benefits and services and has the potential to create serious problems for the Department in its implementation of the programs described in this section. 26. Section 301 DOJ recommends striking the 2 percent cap on funding for training and technical assistance that is in 22 U.S.C. 7105(b)(2)(B). The unique.complexity of the trafficking issue and the level of coordination necessary to effectively serve trafficking victims requires much more training and technical assistance than a typical OP program. Striking the cap on training and technical assistance will allow OJP to better allocate the trafficking funds it receives. The change could be implemented by the following statutory language: "Paragraph 107(b)(2)(B)of Pub. L. 106-386 is amended by: "(I) inserting 'and' after the first semicolon; "(2) striking '(ii)' through ';and'; and "(3) striking 'OW and inserting `(ii)." 27. Section 302 Section 302 re-authorizes the $5,000,000 appropriation for the Pilot Program that was first authorized by Section 203 of the 2005 version of this Act. The 2007 version, therefore, should add language amending section 203 of the 2005 version to provide that HHS does not have the exclusive authority for development of the pilot program. DOJ and DES must be included in the development of this program to ensure that the ability of Federal prosecutors and 12 HOUSE OVERSIGHT 012383law enforcement to gain access to these victims is not negatively impacted. Moreover, the Departments' knowledge about these victims, their behaviors, and the dangers that are inherent in providing shelter and services to them would be instrumental to ensuring the success of the pilot program. This section should also amend subsection 203(a) of the 2005 reauthorization to include after "Secretary of Health and Human Services", "in collaboration with the Attorney General and the Secretary of Homeland Security," Subsection 203(c) should be likewise amended. The Office of Management and Budget has advised that there is no objection to the presentation of this letter from the standpoint of the Administration's programs. Sincerely, 4.2 Brian A. Benczkows Principal Deputy Assistant Attorney General cc: The Honorable Lamar S. Smith, Ranking Member, House Committee on the Judiciary The Honorable Torn Lantos, Chairman, House Committee on Foreign Affairs The Honorable Beam Ros-Lehtinen, Ranking Member, House Committee on Foreign Affairs The Honorable Patrick J. Leahy, Chairman, Senate Committee on the Judiciary The Honorable Arlen Specter, Ranking Member, Senate Committee on the Judiciary The Honorable Edward M. Kennedy, Chairman, Senate Committee on Health, Education, Labor, and Pensions The Honorable Michael B. Enzi, Ranking Member, Senate Committee on Health, Education, Labor, and Pensions The Honorable Joseph Biden, Chairman, Senate Committee on Foreign Relations The Honorable Richard Lugar, Ranking Member, Senate Committee on Foreign Relations 13 HOUSE OVERSIGHT 012384TAB 12 HOUSE OVERSIGHT 012385PRESIDENTIAL AUTHORITY TO DECLINE TO EXECUTE UNCONSTITUTIONAL STATUTES This memorandum discusses the President's constitutional authority to decline to execute unconstitutional statutes. November 2, 1994 MEMORANDUM FOR THE HONORABLE ABNER J. MIICVA COUNSEL TO THE PRESIDENT I have reflected further on the difficult questions surrounding a President's decision to decline to execute statutory provisions that the President believes are unconstitutional, and I have a few thoughts to share with you. Let me start with a general proposition that I believe to be uncontroversial: there are circumstances in which the President may appropriately decline to enforce a statute that he views as unconstitutional. First, there is significant judicial approval of this proposition. Most notable is the Court's decision in Myers v. United States, 272 U.S. 52 (1926). There the Court sustained the President's view that the statute at issue was unconstitutional without any member of the Court suggesting that the President had acted improperly in refusing to abide by the statute. More recently, in Freytag v. Commissioner, 501 U.S. 868 (1991), all four of the Justices who addressed the issue agreed that the President has "the power to veto encroaching laws . . . or even to disregard them when they are unconstitutional." Id. at 906 (Scalia, J., concurring); see also Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 635-38 (1952) (Jackson, J., concurring) (recognizing existence of President's authority to act contrary to a statutory command). Second, consistent and substantial executive practice also confirms this general proposition. Opinions dating to at least 1860 assert the President's authority to decline to effectuate enactments that the President views as unconstitutional. See, e.g., Memorial of Captain Meigs, 9 Op. Att'y Gen. 462, 469-70 (1860) (asserting that the President need not enforce a statute purporting to appoint an officer); see also annotations of attached Attorney General and Office of Legal Counsel opinions. Moreover, as we discuss more fully below, numerous Presidents have provided advance notice of their intention not to enforce specific statutory requirements that they have viewed as unconstitutional, and the Supreme Court has implicitly endorsed this practice. See INS v. Chadha, 462 U.S. 919, 942 n.13 (1983) (noting that Presidents often sign legislation containing constitutionally objectionable provisions and indicate that they will not comply with those provisions). While the general proposition that in some situations the President may decline to enforce unconstitutional statutes is unassailable, it does not offer sufficient guidance as to the appropriate course in specific circumstances. To continue our conversation about these complex issues, I offer the following propositions for your consideration. 1. The President's office and authority are created and bounded by the Constitution; he is required to act within its terms. Put somewhat differently, in serving as the executive created by the Constitution, the President is required to act in accordance with the laws -- including the Constitution, which takes precedence over other forms of law. This obligation is reflected in the Take Care Clause and in the President's oath of office. 2. When bills are under consideration by Congress, the executive branch should promptly identify unconstitutional provisions and communicate its concerns to Congress so that the provisions can be corrected. Although this may seem elementary, in practice there have been occasions in which the President has been presented with enrolled bills containing constitutional flaws that should have been HOUSE OVERSIGHT 012386corrected in the legislative process. 3. The President should presume that enactments are constitutional. There will be some occasions, however, when a statute appears to conflict with the Constitution. In such cases, the President can and should exercise his independent judgment to determine whether the statute is constitutional. In reaching a conclusion, the President should give great deference to the fact that Congress passed the statute and that Congress believed it was upholding its obligation to enact constitutional legislation. Where possible, the President should construe provisions to avoid constitutional problems. 4. The Supreme Court plays a special role in resolving disputes about the constitutionality of enactments. As a general matter, if the President believes that the Court would sustain a particular provision as constitutional, the President should execute the statute, notwithstanding his own beliefs about the constitutional issue. If, however, the President, exercising his independent judgment, determines both that a provision would violate the Constitution and that it is probable that the Court would agree with him, the President has the authority to decline to execute the statute. 5. Where the President's independent constitutional judgment and his determination of the Court's probable decision converge on a conclusion of unconstitutionality, the President must make a decision about whether or not to comply with the provision. That decision is necessarily specific to context, and it should be reached after careful weighing of the effect of compliance with the provision on the constitutional rights of affected individuals and on the executive branch's constitutional authority. Also relevant is the likelihood that compliance or non-compliance will permit judicial resolution of the issue. That is, the President may base his decision to comply (or decline to comply) in part on a desire to afford the Supreme Court an opportunity to review the constitutional judgment of the legislative branch. 6. The President has enhanced responsibility to resist unconstitutional provisions that encroach upon the constitutional powers of the Presidency. Where the President believes that an enactment unconstitutionally limits his powers, he has the authority to defend his office and decline to abide by it, unless he is convinced that the Court would disagree with his assessment. If the President does not challenge such provisions (i.e., by refusing to execute them), there often will be no occasion for judicial consideration of their constitutionality; a policy of consistent Presidential enforcement of statutes limiting his power thus would deny the Supreme Court the opportunity to review the limitations and thereby would allow for unconstitutional restrictions on the President's authority. Some legislative encroachments on executive authority, however, will not be justiciable or are for other reasons unlikely to be resolved in court. If resolution in the courts is unlikely and the President cannot look to a judicial determination, he must shoulder the responsibility of protecting the constitutional role of the presidency. This is usually true, for example, of provisions limiting the President's authority as Commander in Chief. Where it is not possible to construe such provisions constitutionally, the President has the authority to act on his understanding of the Constitution. One example of a Presidential challenge to a statute encroaching upon his powers that did result in litigation was Myers v. United States, 272 U.S. 52 (1926). In that case, President Wilson had defied a statute that prevented him from removing postmasters without Senate approval; the Supreme Court ultimately struck down the statute as an unconstitutional limitation on the President's removal power. Myers is particularly instructive because, at the time President Wilson acted, there was no Supreme Court precedent on point and the statute was not manifestly unconstitutional. In fact, the constitutionality of restrictions on the President's authority to remove executive branch officials had been debated since the passage of the Tenure of Office Act in 1867 over President Johnson's veto. The closeness of the question was underscored by the fact that three Justices, including Justices Holmes and Brandeis, dissented in Myers. Yet, despite the unsettled constitutionality of President Wilson's action, no member of the Court in Myers suggested that Wilson overstepped his constitutional authority -- or HOUSE OVERSIGHT 012387even acted improperly -- by refusing to comply with a statute he believed was unconstitutional. The Court in Myers can be seen to have implicitly vindicated the view that the President may refuse to comply with a statute that limits his constitutional powers if he believes it is unconstitutional. As Attorney General Civiletti stated in a 1980 opinion, Myers is very nearly decisive of the issue [of Presidential denial of the validity of statutes]. Myers holds that the President's constitutional duty does not require him to execute unconstitutional statutes; nor does it require him to execute them provisionally, against the day that they are declared unconstitutional by the courts. He cannot be required by statute to retain postmasters against his will unless and until a court says that he may lawfully let them go. If the statute is unconstitutional, it is unconstitutional from the start. The Attorney General's Duty to Defend and Enforce Constitutionally Objectionable Legislation, 4A Op. O.L.C. 55, 59 (1980). 7. The fact that a sitting President signed the statute in question does not change this analysis. The text of the Constitution offers no basis for distinguishing bills based on who signed them; there is no constitutional analogue to the principles of waiver and estoppel. Moreover, every President since Eisenhower has issued signing statements in which he stated that he would refuse to execute unconstitutional provisions. See annotations of attached signing statements. As we noted in our memorandum on Presidential signing statements, the President "may properly announce to Congress and to the public that he will not enforce a provision of an enactment he is signing. If so, then a signing statement that challenges what the President determines to be an unconstitutional encroachment on his power, or that announces the President's unwillingness to enforce (or willingness to litigate) such a provision, can be a valid and reasonable exercise of Presidential authority." Memorandum for Bernard N. Nussbaum, Counsel to the President, from Walter Dellinger, Assistant Attorney General, Office of Legal Counsel at 4 (Nov. 3, 1993). (Of course, the President is not obligated to announce his reservations in a signing statement; he can convey his views in the time, manner, and form of his choosing.) Finally, the Supreme Court recognized this practice in INS v. Chadha, 462 U.S. 919 (1983): the Court stated that "it is not uncommon for Presidents to approve legislation containing parts which are objectionable on constitutional grounds" and then cited the example of President Franklin Roosevelt's memorandum to Attorney General Jackson, in which he indicated his intention not to implement an unconstitutional provision in a statute that he had just signed. Id. at 942 n.13. These sources suggest that the President's signing of a bill does not affect his authority to decline to enforce constitutionally objectionable provisions thereof. • In accordance with these propositions, we do not believe that a President is limited to choosing between vetoing, for example, the Defense Appropriations Act and executing an unconstitutional provision in it. In our view, the President has the authority to sign legislation containing desirable elements while refusing to execute a constitutionally defective provision. We recognize that these issues are difficult ones. When the President's obligation to act in accord with the Constitution appears to be in tension with his duty to execute laws enacted by Congress, questions are raised that go to the heart of our constitutional structure. In these circumstances, a President should proceed with caution and with respect for the obligation that each of the branches shares for the maintenance of constitutional government. Walter Dellinger Assistant Attorney General Brief Description of Attached Materials HOUSE OVERSIGHT 012388Attorney General Opinions 1) Memorial of Captain Meigs, 9 Op. Atry Gen. 462 (1860): In this opinion the Attorney General concluded that the President is permitted to disregard an unconstitutional statute. Specifically, Attorney General Black concluded that a statute purporting to appoint an officer should not be enforced: "Every law is to be carried out so far forth as is consistent with the Constitution, and no further. The sound part of it must be executed, and the vicious portion of it suffered to drop." Id. at 469. 2) Constitutionality of Congress' Disapproval of Agency Regulations by Resolutions Not Presented to the President, 4A Op. O.L.C. 21 (1980): In this opinion Attorney General Civiletti instructed Secretary of Education Hufstedler that she was authorized to implement regulations that had been disapproved by concurrent congressional resolutions, pursuant to a statutory legislative veto. The Attorney General• noted that "the Attorney General must scrutinize with caution any claim that he or any other executive officer may decline to defend or enforce a statute whose constitutionality is merely in doubt." Id. at 29. He concluded, however, that "[t]o regard these concurrent resolutions as legally binding would impair the Executive's constitutional role and might well foreclose effective judicial challenge to their constitutionality. More important, I believe that your recognition of these concurrent resolutions as legally binding would constitute an abdication of the responsibility of the executive branch, as an equal and coordinate branch of government with the legislative branch, to preserve the integrity of its functions against constitutional encroachment." Id. 3) The Attorney General's Duty to Defend and Enforce Constitutionally Objectionable Legislation, 4A Op. O.L.C. 55 (1980): Attorney General Civiletti, in answer to a congressional inquiry, observed that "Myers holds that the President's constitutional duty does not require him to execute unconstitutional statutes; nor does it require him to execute them provisionally, against the day that they are declared unconstitutional by the courts." Id. at 59. He added as a cautionary note that "[t]he President has no 'dispensing power," meaning that the President and his subordinates "may not lawfully defy an Act of Congress if the Act is constitutional. . . . In those rare instances in which the Executive may lawfully act in contravention of a statute, it is the Constitution that dispenses with the operation of the statute. The Executive cannot." Id. at 59-60. 4) Letter from William French Smith, Attorney General, to Peter W. Rodino, Jr., Chairman, House Judiciary Committee (Feb. 22 1985): This letter discussed the legal precedent and authority for the President's refusal to execute a provision of the Competition in Contracting Act. The Attorney General noted that the decision "not to implement the disputed provisions has the beneficial byproduct of increasing the likelihood of a prompt judicial resolution. Thus, far from unilaterally nullifying an Act of Congress, the Department's actions are fully consistent with the allocation of judicial power by the Constitution to the courts." Id. at 8. The letter also stated that "the President's failure to veto a measure does not prevent him subsequently from challenging the Act in court, nor does presidential approval of an enactment cure constitutional defects." Id. at 3. Office of Legal Counsel Opinions 1) Memorandum to the Honorable Robert J. Lipshutz, Counsel to the President, from John M. Harmon, Assistant Attorney General, Office of Legal Counsel (Sept. 27, 1977): This opinion concluded that the President may lawfully disregard a statute that he interprets to be unconstitutional. We asserted that "cases may arise in which the unconstitutionality of the relevant statute will be certain, and in such a case the Executive could decline to enforce the statute for that reason alone." Id. at 13. We continued, stating that "[u]nless the unconstitutionality of a statute is clear, the President should attempt to resolve his doubts in a way that favors the statute, and he should not decline to enforce it unless he concludes that he is compelled to do so under the circumstances." Id. We declined to catalogue all the considerations that would weigh in favor of non-enforcement, but we identified two: first the extent of the harm to individuals or the government resulting from enforcement; and, HOUSE OVERSIGHT 012389second, the creation of an opportunity for a court challenge through non-enforcement (e.g., Myers). 2) Appropriations Limitation for Rules Vetoed by Congress, 4B Op. 0.L.C. 731 (1980): In this opinion we rejected the constitutionality of a proposed legislative veto, prior to the Court's decision in Chadha. We opined that "[t]o regard this provision as legally binding would impair the Executive's constitutional role and would constitute an abdication of the responsibility of the Executive Branch." Id. at 734. It should be noted that the legislation in question was pending in Congress, and the possibility that President Carter would sign the legislation did not affect our analysis of the constitutional issue. We simply stated that, "if enacted, the [legislative veto provision] will not have any legal effect." Id. 3) Issues Raised by Section 102(c)(2) of H.R. 3792, 14 Op. O.L.C. 38 (1990) (preliminary print): This opinion also addressed then-pending legislation, in this case the foreign relations authorization bill for fiscal years 1990 and 1991. The opinion found that a provision of the bill was unconstitutional and severable. Regarding non-execution, the opinion stated that "at least in the context of legislation that infringes the separation of powers, the President has the constitutional authority to refuse to enforce unconstitutional laws." Id. at 53. The opinion concluded that "if the President chooses to sign H.R. 3792, he would be constitutionally authorized to decline to enforce" the constitutionally objectionable section. Id. at 38. 4) Issues Raised by Section 129 of Pub. L. No. 102-138 and Section 503 of Pub. L. No. 102-140, 16 Op. O.L.C. 18 (1992) (preliminary print): This opinion concluded that two statutory provisions that limited the issuance of official and diplomatic passports were unconstitutional and were severable from the remainder of the two statutes. On the question of non-execution, the opinion rejected "the argument that the President may not treat a statute as invalid prior to a judicial determination." Id. at 40. The opinion concluded that the Constitution authorizes the President to refuse to enforce a law that he believes is unconstitutional. 5) Memorandum for Bernard N. Nussbaum, Counsel to the President, from Walter Dellinger, Assistant Attorney General, Office of Legal Counsel (Nov. 3, 1993): This opinion discusses different categories of signing statements, including those construing bills to avoid constitutional problems and those in which the President declares "that a provision of the bill before him is flatly unconstitutional, and that he will refuse to enforce it." Id. at 3. The opinion concludes that such "uses of Presidential signing statements generally serve legitimate and defensible purposes." Id. at 7. Presidential Signing Statements 1) Statement by the State Department (Announcing President Wilson's Refusal to Carry Out the Section of the Jones Merchant Marine Act of June 5, 1920, directing him to terminate treaty provisions restricting the Government's right to impose discriminatory tonnage dues and tariff duties), 17 A Compilation of the Messages and Papers of the Presidents 8871 (Sept. 24, 1920) (Pres. Wilson): The State Department announced that it "has been informed by the President that he does not deem the direction contained in Section 34 of the so-called Merchant Marine Act an exercise of any constitutional power possessed by the Congress." Id. The statement also defended President Wilson's decision to sign the bill and noted that "the fact that one section of the law involves elements of illegality rendering the section inoperative need not affect the validity and operation of the Act as a whole." 5 Green Haywood Hackworth, Digest of International Law 324 (1943). 2) Special Message to the Congress Upon Signing the Department of Defense Appropriation Act, Pub. Papers of Dwight D. Eisenhower 688 (July 13, 1955): President Eisenhower, in signing a bill (H.R. 6042) that contained a legislative veto, stated that the legislative veto "will be regarded as invalid by the executive branch of the Government in the administration of H.R. 6042, unless otherwise determined by a court of competent jurisdiction." Id. at 689. - HOUSE OVERSIGHT 0123903) Memorandum on Informing Congressional Committees of Changes Involving Foreign Economic Assistance Funds, Pub. Papers of John F. Kennedy 6 (Jan. 9, 1963): President Kennedy stated that a provision in the bill he was signing contained an unconstitutional legislative veto. He announced that "[i]t is therefore my intention . . . to treat this provision as a request for information." Id. 4) Statement by the President Upon Approving the Public Works Appropriations Act, Pub. Papers of Lyndon B. Johnson 104 (Dec. 31, 1963): President Johnson also found that a legislative veto provision was unconstitutional and stated that he would treat it as a request for information. 5) Statement About Signing the Public Buildings Amendments of 1972, Pub. Papers of Richard Nixon 686 (June 17, 1972): President Nixon stated that a clause conditioning the use of authority by the executive branch on the approval of a congressional committee was unconstitutional. He ordered the agency involved to comply with "the acceptable procedures" in the bill "without regard to the unconstitutional provisions I have previously referred to." Id. at 687. 6) Statement on Signing the Department of Defense Appropriation Act of 1976, Pub. Papers of Gerald R. Ford 241 (Feb. 10, 1976): President Ford stated that a committee approval mechanism was unconstitutional and announced that he would "treat the unconstitutional provision . . . to the extent it requires further Congressional committee approval, as a complete nullity." Id. at 242. 7) Statement on Signing Coastal Zone Management Improvement Act of 1980, Pub. Papers of Jimmy Carter 2335 (Oct. 18, 1980): President Carter stated that a legislative veto provision was unconstitutional and that any attempt at a legislative veto would "not [be] regarded as legally binding." Id. 8) Statement on Signing the Union Station Redevelopment Act of 1981, Pub. Papers of Ronald Reagan 1207 (Dec. 29, 1981): President Reagan stated that a legislative veto was unconstitutional and announced that "[t]he Secretary of Transportation will not . . . regard himself as legally bound by any such resolution." Id. 9) Statement On Signing the National and Community Service Act of 1990, Pub. Papers of George Bush 1613 (Nov. 16, 1990): President Bush rejected the constitutionality of provisions that required a Presidentially appointed board exercising executive authority to include, among its 21 members, "seven members nominated by the Speaker of the House of Representatives . .. [and] seven members nominated by the Majority Leader of the Senate." Id. at 1614. He announced that the restrictions on his choice of nominees to the board "are without legal force or effect." Id. 10) 7 A Compilation of the Messages and Papers of the Presidents 377 (Aug. 14, 1876) (Pres. Grant): This is one of the earliest of many instances of a President "construing" a provision (to avoid constitutional problems) in a way that seems to amount to a refusal to enforce a provision of it. An 1876 statute directed that notices be sent to certain diplomatic and consular officers "to close their offices." President Grant, in signing the bill, stated that, "[i]n the literal sense of this direction it would be an invasion of the constitutional prerogatives and duty of the Executive." Id. In order to avoid this problem, President Grant "constru[edr this provision "only to exercise the constitutional prerogative of Congress over the expenditures of the Government," not to "imply[] a right in the legislative branch to direct the closing or discontinuing of any of the diplomatic or consular offices of the Government." Id. at 378. Other Presidential Documents 1) A Presidential Legal Opinion, 66 Harv. L. Rev. 1353 (1953): This was a legal opinion from President Franklin Roosevelt to Attorney General Jackson. President Roosevelt stated that he was signing the Lend-Lease Act despite a provision providing for a legislative veto, "a provision which, in HOUSE OVERSIGHT 012391my opinion, is clearly unconstitutional." Id. at 1357. The President stated that, "[i]n order that I may be on record as indicating my opinion that the foregoing provision of the so-called Lend-Lease Act is unconstitutional, and in order that my approval of the bill, due to the existing exigencies of the world situation, may not be construed as a tacit acquiescence in any contrary view, I am requesting you to place this memorandum in the official files of the Department of Justice. I am desirous of having this done for the further reason that I should not wish my action in approving the bill which includes this invalid clause, to be used as a precedent for any future legislation comprising provisions of a similar nature." Id. at 1358. 2) Message to the Congress on Legislative Vetoes, Pub. Papers of Jimmy Carter 1146 (Jun. 21, 1978): In this memorandum President Carter expressed his strong opposition to legislative vetoes and stated that "[t]he inclusion of [a legislative veto] in a bill will be an important factor in my decision to sign or to veto it." Id. at 1148. He further stated that, "[a]s for legislative vetoes over the execution of programs already prescribed in legislation and in bills I must sign for other reasons, the Executive Branch will generally treat them as 'report-and-wait' provisions. In such a case, if Congress subsequently adopts a resolution to veto an Executive action, we will give it serious consideration, but we will not, under our reading of the Constitution, consider it legally binding." Id. at 1149. Historical Materials 1) Statement of James Wilson on December 1, 1787 on the Adoption of the Federal Constitution, reprinted in 2 Jonathan Elliot, Debates on the Federal Constitution 418 (1836): Wilson argued that the Constitution imposed significant -- and sufficient -- restraints on the power of the legislature, and that the President would not be dependent upon the legislature. In this context, he stated that "the power of the Constitution was paramount to the power of the legislature acting under that Constitution; for it is possible that the legislature . . . may transgress the bounds assigned to it, and an act may pass, in the usual mode notwithstanding that transgression; but when it comes to be discussed before the judges,-- when they consider its principles, and find it to be incompatible with the superior power of the Constitution,-- it is their duty to pronounce it void . . . . In the same manner, the President of the United States could shield himself, and refuse to carry into effect an act that violates the Constitution." Id. at 445-46. 2) Letter from Chief Justice Chase to Gerrit Smith (Apr. 19, 1868), quoted in J. Schuckers, The Life and Public Services of Salmon Portland Chase 577 (1874): Chase stated that President Johnson took the proper action in removing Secretary of War Stanton without Senate approval, in light of Johnson's belief that the statutory restriction on his removal authority was unconstitutional. In this regard, Chase commented that "the President had a perfect right, and indeed was under the highest obligation, to remove Mr. Stanton, if he made the removal not in wanton disregard of a constitutional law, but with a sincere belief that the Tenure-of-Office Act was unconstitutional and for the purpose of bringing the question before the Supreme Court." Id. at 578. Congressional Materials 1) The President's Suspension of the Competition in Contracting Act is Unconstitutional, H.R. Rep. No. 138, 99th Cong., 1st Sess. (1985): The House Committee on Government Operations concluded that the President lacked the authority to refuse to implement any provision of the Competition in Contracting Act. The Committee stated that, "fflo adopt the view that one's oath to support and defend the Constitution is a license to exercise any available power in furtherance of one's own constitutional interpretation would quickly destroy the entire constitutional scheme. Such a view, whereby the President pledges allegiance to the Constitution but then determines what the Constitution means, inexorably leads to the usurpation by the Executive of the others' roles." Id. at 11. The Committee also stated that "[t]he Executive's suspension of the law circumvents the constitutionally specified means for expressing Executive objections to law and is a constitutionally impermissible absolute veto HOUSE OVERSIGHT 012392power." Id. at 13. 2) Memorandum from the Congressional Research Service to the Committee on Government Operations concerning "The Executive's Duty to Enforce the Laws" (Feb. 6, 1985), reprinted in Constitutionality of GAO's Bid Protest Function: Hearings Before a Subcomm. of the House Comm. on Government Operations, 99th Cong., 1st Sess. 544 (1985): This memorandum stated that the President lacks the authority to decline to enforce statutes. The CRS argued that "[t]he refusal of the President to execute the law is indistinguishable from the power to suspend the laws. That power, as is true of the power to amend or to revive an expired law, is a legislative power." Id. at 554. Cases (not included in the submitted materials) 1) Myers v. United States, 272 U.S. 52 (1926): The President refused to comply with -- that is, enforce -- a limitation on his power of removal that he regarded as unconstitutional, even though the question had not been addressed by the Supreme Court. A member of Congress, Senator Pepper, urged the Supreme Court to uphold the validity of the provision. The Supreme Court vindicated the President's interpretation without any member of the Court indicating that the President had acted unlawfully or inappropriately in refusing to enforce the removal restriction based on his belief that it was unconstitutional. 2) United States v. Lovett, 328 U.S. 303 (1946): The President enforced a statute that directed him to withhold compensation from three named employees, even though the President believed the law to be unconstitutional. The Justice Department argued against the constitutionality of the statute in the ensuing litigation. (The Court permitted an attorney to appear on behalf of Congress, amicus curiae, to defend the statute.) 3) INS v. Chadha, 462 U.S. 919 (1983): This case involved the withholding of citizenship from an applicant pursuant to a legislative veto of an Attorney General decision to grant citizenship. Despite a Carter Administration policy against complying with legislative vetoes (see Carter Presidential memorandum, supra), the executive branch enforced the legislative veto, and, in so doing, allowed for judicial review of the statute. As with Lovett, the Justice Department argued against the constitutionality of the statute. 4) Morrison v. Olson, 487 U.S. 654 (1988): The President viewed the independent counsel statute as unconstitutional. The Attorney General enforced it, making findings and forwarding them to the Special Division. In litigation, however, the Justice Department attacked the constitutionality of the statute and left its defense to the Senate Counsel, as amicus curiae, and the independent counsel herself. 5) Freytag v. Commissioner, 501 U.S. 868 (1991): A unanimous Court ruled that the appointment of special trial judges by the Chief Judge of the United States Tax Court did not violate the Appointments Clause. Five Justices concluded that the Tax Court was a "Court of Law" for Appointments Clause purposes, despite the fact that it was an Article I court, so that the Tax Court could constitutionally appoint inferior officers. Four Justices, in a concurrence by Justice Scalia, contended that the Tax Court was a "Department" under the Appointments Clause. The concurrence stated that "Court of Law" did not include Article I courts and that the Framers intended to prevent Congress from having the power both to create offices and to appoint officers. In this regard, the concurrence stated that "it was not enough simply to repose the power to execute the laws (or to appoint) in the President; it was also necessary to provide him with the means to resist legislative encroachment upon that power. The means selected were various, including a separate political constituency, to which he alone was responsible, and the power to veto encroaching laws, see Art. I, § 7, or even to disregard them when they are unconstitutional." Id. at 906 (Scalia, J., concurring). HOUSE OVERSIGHT 0123936) Lear Siegler, Inc., Energy Products Division v. Lehman, 842 F.2d 1102 (9th Cir. 1988), withdrawn in part 893 F.2d 205 (9th Cir. 1990) (en banc): The President refused to comply with provisions of the Competition in Contracting Act that he viewed as unconstitutional and thereby allowed for judicial resolution of the issue. The Ninth Circuit rejected the President's arguments about the constitutionality of the provisions. The court further determined that Lear Siegler was a prevailing party and was entitled to attorneys' fees, because the executive branch acted in bad faith in refusing to execute the contested provisions. In this regard, the court stated that the President's action was "utterly at odds with the texture and plain language of the Constitution," because a statute is part of the law of the land that the President is obligated to execute. Id. at 1121, 1124. On rehearing en banc, the court ruled that Lear Siegler was not a prevailing party and withdrew the sections of the opinion quoted above. HOUSE OVERSIGHT 012394TAB 13 HOUSE OVERSIGHT 012395-0929104.TXT IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2006 CF09454AXX STATE OF FLORIDA, -vs- JEFFREY EPSTEIN, Defendant. DEPOSITION OF Wednesday, February 20, 2008 2:00 p.m. - 4:30 p.m. Palm Beach County Courthouse 205 North Dixie Highway West Palm Beach, Florida 33401 Reported By: Judith F. Consor, FPR Notary Public, State of Florida Consor & Associates Reporting and Transcription Phone - 561.682.0905 1 APPEARANCES: 2 On behalf of the State: 3 LANNA BELOHLAVEK, ESQ. ASSISTANT STATE ATTORNEY 4 401 North Dixie Highway West Palm Beach, Florida 33401 5 561.355.7100 6 On behalf of the Defendant: 7 MICHAEL R. TEIN, ESQ. KATHRYN A. MEYERS, ESQ. 8 LEWIS TEIN, PL 3059 GRAND AVENUE, SUITE 340 Page 1 2 HOUSE OVERSIGHT 012396-0929104.TXT 9 COCONUT GROVE, FL 33133 10 On behalf of the Defendant: 11 JACK A. GOLDBERGER, ESQ. ATTERBURY, GOLDBERGER & WEISS 12 250 AUSTRALIAN AVENUE SOUTH SUITE 1400 13 WEST PALM BEACH, FLORIDA 33401 561.659.8300 14 15 ALSO PRESENT: 16 KEITH J. BRETT, DIRECTOR OF MULTIMEDIA DIVISION, LEGAL-EZE 17 18 19 20 21 22 23 24 25 3 1 INDEX 2 WITNESS: PAGE: 3 DIRECT EXAMINATION 4 4 BY MR. TEIN: 5 6 - - - 7 NO EXHIBITS MARKED 8 - - - 9 10 11 12 13 Page 2 HOUSE OVERSIGHT 012397-0929104.TXT 14 15 16 17 18 19 20 21 22 23 24 25 4 1 2 3 4 5 Thereupon, 6 7 8 9 10 11 BY MR. TEIN: 12 13 name. 14 A. 15 16 A. 17 Deposition taken before Judith F. Consor, Court Reporter and Notary Public in and for the State of Florida at Large, in the above cause. having been first duly sworn or affirmed, was examined and testified as follows: THE WITNESS: I do. DIRECT EXAMINATION Q. Good afternoon. Please tell me your full Q. And can you please spell it? Page 3 HOUSE OVERSIGHT 012398-0929104.TXT 18 Q. Thank you. 19 May I call you 20 A. Uh-huh. 21 Q. , I'm going to ask you a few 22 questions, several questions today. If at any time you 23 want to take a break, you just let me know. Okay? 24 A. Okay. 25 Q. If you at any time don't understand one of 5 1 my questions, will you just please let me know? 2 A. Yes 3 Q. And if at any time you're not feeling well 4 or something like that, you'll tell us, right? 5 A. Yes. 6 Q. Do you feel okay today? 7 A. Yes. 8 Q. Not taking any alcohol or drugs or anything 9 like that, right? 10 A. No. 11 Q. So you feel ready to have your deposition 12 taken? 13 A. Yes. 14 Q. 111111 what is your address? 15 A. I'm currently living at my aunt's house and 16 I don't know it off the top of my head. 17 Q. Where is it? 18 A. In Jupiter. 19 Q. Who is your aunt? 20 A. 21 Q. Who else is living there? 22 A. my uncle. Page 4 HOUSE OVERSIGHT 012399-0929104.TXT 23 Q. Anyone else living there? 24 A. No. 25 Q. The contempt motion that your mother filed 6 1 against your father regarding your fifty million-dollar 2 lawsuit against Jeffrey Epstein says that you live with 3 your aunt and uncle and have been living there; is that 4 correct? 5 A. Yes. 6 Q. How long have you been living with your 7 aunt and uncle? 8 A. Since my father kicked me out. 9 Q. That was Thanksgiving of this past year? 10 A. Yes, sir. 11 Q. Okay. Didn't did your firefighter boy 12 friend _____________________ get an apartment for the two of 13 you? 14 A. No, sir. He has an apartment, but by 15 himself. 16 Q. Did he get an apartment for the two of you 17 to live in? 18 A. No, sir. 19 Q. Are you planning to move in with him? 20 A. Maybe one day in the future 21 O. Do you have a plan to move in with him 22 presently? 23 A. No. 24 Q. Have you been to the apartment that you and 25 have discussed moving in together? Page 5 HOUSE OVERSIGHT 012400-0929104.TXT 7 1 A. I have been to the apartment. 2 Q. Where is that? 3 A. 4 Q. Have you spent the night over there? 5 A. No, sir. 6 Q. Do you know the address there? 7 A. I do not. 8 Q. Isn't your sister planning on living 9 with you and 1111. 10 A. No. 11 Q. you know that this court case is a 12 criminal prosecution, correct? 13 A. Correct. 14 Q. And you know that it's a criminal 15 prosecution against a man who has no criminal background. 16 Do you know that? 17 A. I do now. 18 Q. You agree that court is a very serious 19 matter? 20 A. Yes. 21 Q. And you're here with your lawyer 22 Mr. Leopold, right? 23 A. Yes. 24 Q. And you know that Mr. Leopold recently 25 filed a lawsuit in federal court against Jeffrey Epstein, 8 1 seeking fifty million dollars. 2 MR. LEOPOLD: Let me just object. 3 let me instruct you. Anything that 4 you have learned through conversations between you Page 6 HOUSE OVERSIGHT 012401-0929104.TXT 5 and me are protected. So if you know any of that 6 information outside of those discussions, you may 7 answer. But if the only way you know it is 8 through our discussions, do not answer that 9 question. 10 BY MR. TEIN: 11 Q. you know that Mr. Leopold recently 12 filed a lawsuit in federal court on your behalf against 13 Jeffrey Epstein seeking fifty million dollars. 14 MR. LEOPOLD: Same objection. 15 If you know the answer to that outside of 16 our discussions, you may answer. If it is the 17 only way that you know the answer is through our 18 discussions, do not answer that question. 19 THE WITNESS: Okay. 20 MR. LEOPOLD: Attorney/client privilege. 21 BY MR. TEIN: 22 Q. You can answer the question unless 23 MR. LEOPOLD: Same objection. 24 MR. TEIN: Let me finish. 25 MR. LEOPOLD: Excuse me. We're 9 1 MR. TEIN: No. Let me finish. 2 MR. LEOPOLD: Lewis, we're not going to do 3 that. 4 MR. TEIN: My name is not Lewis. 5 I'm going to finish my question. Okay? 6 MR. LEOPOLD: Do not answer until you hear 7 from me. 8 BY MR. TEIN: Page 7 HOUSE OVERSIGHT 012402-0929104.TXT 9 Q. Other than conversations that you have had 10 with Mr. Leopold -- I'm not asking about that -- are you 11 aware that Mr. Leopold has filed a lawsuit in federal 12 court seeking fifty million dollars from Jeffrey Epstein 13 on your behalf? 14 MR. LEOPOLD: Same objection. 15 Anything that you learn through 16 conversations between you and me, do not answer. 17 Those are protected. If you know through any 18 other realm of knowledge, you may answer. 19 THE WITNESS: No. 20 BY MR. TEIN: 21 Q. You have no idea that Mr. Leopold filed a 22 fifty million-dollar lawsuit on your behalf against 23 Jeffrey Epstein? 24 MR. LEOPOLD: Same objection. 25 Do not answer that question if it's through 10 1 discussions that you and I had. Outside of that, 2 you may answer. So do not answer that question if 3 that is the only basis by which you understand 4 that answer. 5 THE WITNESS: No. 6 BY MR. TEIN: 7 Q. You didn't know that? 8 MR. LEOPOLD: Don't answer that question. 9 Against, it's attorney/client privilege. Any 10 information you've learned through conversations 11 between you and I are protected. If you know it 12 through any other realm, you may answer. 13 MR. TEIN: Are you going to say that for Page 8 HOUSE OVERSIGHT 012403-0929104.TXT 14 every question in the deposition, Mr. Leopold? 15 MR. LEOPOLD: When you ask improper 16 questions like that without the proper -- 17 MR. TEIN: You're going to stop your 18 speaking objections right now. Okay? 19 MR. LEOPOLD: Without the proper -- 20 MR. TEIN: You need to stop your speaking 21 objections. 22 Let's continue. 23 MR. LEOPOLD: Counsel, you just asked me a 24 question and I'm going to state it on the 25 record -- 11 1 MR. TEIN: You need to stop your speaking 2 objections. Check your rules. 3 MR. LEOPOLD: Excuse me. For the record, 4 Counsel asked me a question. I'll state the 5 answer on the record. He asked me the question am 6 I going to be answering that way throughout the 7 deposition. So long as there's improper 8 foundation and predicate asked by the attorney, I 9 will protect my client and I make the record where 10 appropriate. If counsel wishes to ask an 11 appropriate worded question with the proper 12 foundation and predicate, I will certainly allow 13 the client to answer the question. 14 MR. GOLDBERGER: Why don't you just state 15 attorney/client privilege and just be done with 16 it. 17 MR. LEOPOLD: I want the record to be Page 9 HOUSE OVERSIGHT 012404-0929104.TXT 18 clear. 19 MR. TEIN: You want to waste time is what 20 you want to do. You were supposed to be here this 21 morning and you totally broke the deal, the 22 agreement that you had with us if your hearing got 23 cancelled. 24 But let's move on and maybe you'll stop 25 obstructing this deposition. 12 1 MR. LEOPOLD: I think the record is very 2 clear where we stand thus far. 3 Is there a recording taken of this 4 deposition? 5 THE COURT REPORTER: Yes. 6 MR. LEOPOLD: Just make sure that's 7 preserved. 8 BY MR. TEIN: 9 Q. Go to Exhibit 20-01 -- well, before you do 10 that, , are you aware that a lawyer named Jeffrey 11 Herman filed a lawsuit on your behalf, yes or no? 12 MR. LEOPOLD: Objection. 13 Any conversations that you and I have had 14 regarding that, if that is the only way by which 15 you understand how to answer that question, so not 16 answer. It's attorney/client privilege, as well 17 as any conversations you may have had with the 18 attorney from Miami. That is also attorney/client 19 privilege. And I'm assuming -- 20 MR. TEIN: You're actually wrong about the 21 attorney/client privilege. 22 MR. LEOPOLD: I'm assuming Counsel is not Page 10 HOUSE OVERSIGHT 012405-0929104.TXT 23 asking you to divulge attorney/client -- 24 MR. TEIN: Of course not. 25 BY MR. TEIN: 13 1 2' 4 tAU4IfEagAblaglaft0SORMODWYAK0000 4 MR. LEOPOLD: Same objection. 5 MR. TEIN: We've heard the objection 10 6 times already. 7 MR. LEOPOLD: Counsel, excuse me. 8 MR. TEIN: Just say attorney/client 9 privilege. Stop interrupting my questions. 10 MR. LEOPOLD: I'm entitled to make an 11 objection for the record, which I'm doing, and 12 I'll make the same objection. And if it calls for 13 attorney/client privilege, any conversations you 14 and I have had, do not answer the question. 15 And I think that it might be appropriate 16 for the record to ask questions via 17 as opposed to I think that would be more 18 appropriate for this deposition. 19 BY MR TEIN: 20 Q. Go ahead. Please answer yes or no. 21 la TOD 22 Q. Thank you. 23 In fact, you know that Mr. Herman held a 24 press conference after he filed the fifty-million-dollar 25 lawsuit on your behalf, don't you? Q. 400iiii.P.0:41.5-0MOVA.Offriqw.liAtm4Rg biVAttotoOgeft toutigfiftS00 tITWOOTIOJtilki5WW-9.00t: Page 11 HOUSE OVERSIGHT 012406-0929104.TXT 14 1 A. After it happened. 2 Q. You know that he had press conference 3 don't you, yes or no? 4 A. ISI 5 Q. In fact, let's go to Exhibit 20-01. 6 MR. GOLDBERGER: Look behind you. You'll 7 see it. 8 BY MR. TEIN: 9 Q. Have you ever seen that picture before? 10 A. Yes. 11 Q. Is that a picture of your father, your 12 stepmother and Mr. Herman at the press conference 13 regarding your lawsuit? 14 A. Yes. 15 Q. Now you know that this is a very serious 16 matter, don't you? 17 MR. LEOPOLD: Asked and answered. 18 Objection. 19 MR. GOLDBERGER: All right. You can 20 object. You're representing a witness here, 21 Mr. Leopold. You can object on privilege grounds. 22 You cannot make legal objections. You have no 23 standing to do so. 24 MR. LEOPOLD: I'm going to make them and 25 then -- 15 1 MR. GOLDBERGER: We're -- 2 MR. LEOPOLD: We're going to leave or we're 3 going to take a break because his demeanor is not 4 appropriate. There's no reason to have this kind Page 12 HOUSE OVERSIGHT 012407-0929104.TXT 5 of demeanor. If you want to have this kind of 6 demeanor with me 7 MR. TEIN: You are obstructing this 8 deposition. 9 MR. GOLDBERGER: Why don't you guys go 10 outside and just talk about -- 11 MR. LEOPOLD: She -- her job is very 12 difficult and she's not going to be able to take 13 us both talking at he same time. 14 MR. GOLDBERGER: Off the record. 15 MR. LEOPOLD: We're not going off the 16 record, Jack. We're not, Jack. Her job is very 17 difficult. I'm going to make the record. 18 I don't think it is appropriate, especially 19 in the small confines of this room, to be very 20 aggressive with this young lady. 21 MR. TEIN: That's not happening. Stop, 22 stop actually -- 23 MR. LEOPOLD: If you're going to interrupt 24 me, we're going to cancel this deposition -- 25 MR. TEIN: Stop misrepresenting. 16 1 THE COURT REPORTER: I need on at a time, 2 no matter who it is. 3 MR. LEOPOLD: I think we're going to take a 4 break. Perhaps you might want to talk to your 5 co-counsel -- 6 MR. TEIN: I don't need to talk to him. 7 MR. LEOPOLD: But we're going to take a 8 break. Page 13 HOUSE OVERSIGHT 012408-0929104.TXT 9 MR. TEIN: Not taking a break unless the 10 witness needs a break. 11 You're obstructing this deposition, Ted. 12 MR. LEOPOLD: Come on, 13 You all want to continue in this 14 demeanor -- 15 MR. TEIN: You're obstructing the 16 deposition. Stop making speeches. We're not 17 discussing this with you. The questions are to 18 your client. Go take your five-minute break. 19 MR. LEOPOLD: Fine. We need to make sure 20 the record's clear and clean. 21 And I want to make sure as I've already 22 asked you -- I know that you're one of the best in 23 town -- that this audio -- this needs to be 24 preserved. Okay? 25 MR. TEIN: Go take your five-minute break, 17 1 Mr. Leopold, now. 2 You were supposed to be here at nine a.m.; 3 it's now after two. Take your break and come 4 back. 5 MR. LEOPOLD: Okay. If the demeanor keeps 6 up, we will not be here beyond those five minutes. 7 8 9 relax. 10 11 break. MR. TEIN: Take your break and come back. MR. LEOPOLD: Okay. So I suggest that you MR. TEIN: I suggest that you take your 12 MR. GOLDBERGER: Let them take that 13 five-minute break. Page 14 HOUSE OVERSIGHT 012409-0929104.TXT 14 MR. LEOPOLD: But I would suggest that you 15 take deep breaths. 16 MR. TEIN: Suggest whatever you want. Go 17 take a break. 18 (Thereupon, a recess was taken.) 19 BY MR. TEIN: 20 Q. you agree that giving testimony 21 today at your deposition is something very serious, don't 22 you? 23 A. Yes. 24 Q. 25 A. ANT 5i.000%.5 WO_ 40m 1 Q. Let me show you Exhibit 31-001. Can you 2 read that out loud, please? 3 A. Okay. What do you want? 4 Q. Will you read that out loud, please. 5 A. Oh. 6 Q. Thank you. 7 A. M*1 hati MOW 3g.:4 On WOOt 00310.04. Like after so long wow 18 10 im sorry... well yah well we will definitely havta make 11 plans for sure. .because i miss u tons times a million and 12 no no no i love you...o p.s. i love ur default pic 13 niggaa. Muah xo. 14 Q. Did you send that message last week to a 15 friend of yours on MySpace? 16 A. I wouldn't know. There's no dates and I've 17 deleted that MySpace, so -- Page 15 HOUSE OVERSIGHT 012410-0929104.TXT 18 Q. Were going to talk about that in a second. 19 A. Okay. 20 Q. Did you send that message last week 21 A. Right. 22 Q. Let me finish my question. 23 Did you send that message last week to a 24 friend of yours on MySpace? 25 A. I wouldn't know the date, but obviously, 19 1 it's to a friend. 2 Q. q NOW A 400$0g m110 3 loPMPOAMYWOOZ 4 7 8 9 10 11 12 13 THE WITNESS: Are you referring to 14 anything -- 15 MR. LEOPOLD: No, Don't -- don't -- 16 let him ask you the question. 17 BY MR. TEIN: 18 Q. What question were you asking.. 19 MR. LEOPOLD: She doesn't ask questions. 20 You ask the questions. What is the question woimyov: vIroforriog,to thisA0poItton7; YO: Q. Do you find the term n-i-g-g-e-r offensive? A. That's not anywhere in there. Q. What word did you use in there? MR. LEOPOLD: Where are you referring to, Counsel? There's 20 plus words in there. MR. TEIN: Don't make a speaking objection. 21 pending? 22 BY MR. TEIN: Page 16 HOUSE OVERSIGHT 012411-0929104.TXT 23 Q. what is the last word on there in 24 the text of your message before the closing? 25 A. Niggaa. 20 1 Q. Don't you find that term offensive? 2 A. No. 3 MR. LEOPOLD: Can you spell it for the 4 record, please. 5 THE WITNESS: N-i-g-g -- 6 MR. TEIN: No, no, no. You are not going 7 to be asking questions. 8 MR. LEOPOLD: I'm not asking questions. 9 I'm asking for the record the word to be spelled 10 because we don't have a video here today. 11 MR. TEIN: These exhibits are part of the 12 record. You -- 13 MR. LEOPOLD: Well, it's not marked as an 14 exhibit. 15 MR. TEIN: Stop interrupting me, 16 Mr. Leopold. I have marked and identified as an 17 exhibit and you will get it. 18 MR. LEOPOLD: There has been no 19 identification of this document in the record. 20 MR. TEIN: Mr. Leopold, stop interrupting 21 this deposition 22 MR. LEOPOLD: What is the exhibit number 23 marked for identification? 24 MR. TEIN: 31-001. 25 MR. LEOPOLD: Do we have copies? Is it on Page 17 HOUSE OVERSIGHT 012412-0929104.TXT 21 1 the record anywhere? 2 BY MR. TEIN: 3 Q. Let me ask you, did you in fact 4 write your friend this message about this deposition? 5 6 7 40 8 A. Yes. 9 Q. Because you think this deposition is stupid 10 court s-h-i-t, don't you? 11 A. No. 12 Q. You wrote that to your friend, didn't you? 13 A. Yes. 14 Q. You think that court is stupid, don't you? 15 A. In some cases. 16 Q. And you think that court is bull s-h-i-t, 17 don't you? 18 A. No. 19 Q. And you think this deposition is bull 20 s-h-i-t, don't you? 21 A. No. 22 Q. You wrote that to your friend, didn't you? 23 MR. LEOPOLD: Objection. Asked and 24 answered. 25 MR. TEIN: That's not an objection. A. Q. positio Yes. '00gWrOtO 15100 stupid400 deamutttio 22 1 BY MR. TEIN: 2 Q. You wrote that to your friend, didn't you? 3 MR. LEOPOLD: Objection. Asked and 4 answered, for the fourth time. Page 18 HOUSE OVERSIGHT 012413-0929104.TXT 5 MR. TEIN: You are improperly objecting, 6 Mr. Leopold. You have no grounds to object. And 7 that's not an objection. 8 MR. LEOPOLD: It is an objection. 9 MR. TEIN: Then terminate the deposition if 10 you think it's been asked and answered. 11 MR. LEOPOLD: Counsel, I am not precluded 12 from just making an objection to the form of the 13 question. As the courts well know, and if you 14 practice here in West Palm Beach, many of the 15 judges require you to set the objection with 16 specificity. And I will do that. And if you 17 don't want me to, you can make the record. But I 18 will do that. 19 MR. TEIN: Here's what we'll do, Ted. You 20 can -- I will allow you to reserve an objection to 21 form for every single one of my questions. 22 Otherwise, all you're doing is obstructing. 23 MR. LEOPOLD: I won't do that. 24 MR. TEIN: Of course; because you want to 25 obstruct. 23 1 MR. LEOPOLD: All right. 2 BY MR. TEIN: 3 Q. Saige, you think that giving testimony 4 today, under oath, is bull s-h-i-t, don't you? 5 A. No. 6 Q. And you wrote that to your friend on 7 MySpace last week, didn't you? 8 MR. LEOPOLD: Objection. Asked and Page 19 HOUSE OVERSIGHT 012414-0929104.TXT 9 answered. 10 THE WITNESS: No, 1 did not. 11 BY MR. TEIN: 12 Q. You didn't write this exhibit? 13 A. I wrote that, but I didn't write what you 14 said. 15 Q. You wrote in this exhibit, "I got some 16 stupid court s-h-i-t on the 20th. Bull s-h-i-t." Didn't 17 you write that? 18 A. Yes. 19 Q. Referring to this deposition, didn't you? 20 A. Referring to the court. I was later 21 informed that it was a deposition. 22 Q. I'm going to ask you some questions now 23 about what happened when you went to Jeff Epstein's house 24 three years ago. Okay? 25 A. Uh-huh. Q VOMMO4OF 24 00giyou oneMOM oftergyotRIOOritt:TMEPStatriglW::1100SORYMSWOMOVIroor qt gOthpri$ggrouctoggffoccAtioaEpotottiamogoomoogogoac$#* f any kind? - 5 Didn't you 11 $0300WOLOWT 4a NOR, AbOBEW*TfN00.0002 4N000010M0ft 8 tied sex with hI aa 500011W house take you comIeteTyiiibygg Ii A. Yes 12 Q. Now the civil complaint that you filed 13 against Mr. Epstein for fifty million dollars alleged Page 20 WOW MOMMEht eff HOUSE OVERSIGHT 012415-0929104.TXT 14 that you were totally shocked by what happened when you 15 got there. 16 A. Yes. 17 Q. Were you totally shocked by what happened 18 when you got to Epstein's house? 19 A. Yes. 20 Q. You didn't expect it at all, did you? 21 22 A. No. )1.0.0;1144.441).$0.Mrat/g00:3400AWiSfOgg.ftt010- KiMAg- ANWO$M1000.00413tgWA$OUA04$000W AWNW 1K ,,ema.5.5gesmrueaa- fg B Ad /L YeS Befar .0140* POO.PigikrAO:$1:40J:!flgt0300:040.',i 25 4MteMk 00902$44 , .. n40100 the-tel 6 7 11 12 engage in any sexual activity with Epstein? 13 A. No. 14 Q. Did Anthony every try to convince 15 you to engage in any sexual activity with Epstein? 16 A. I don't know who Anthony is. 17 Q. Do you have a friend Anthony? Page 21 A. house 0151INOWaVaitiN#XVO.Iii No. And b440410POPAROPOIPWWW never sent yo a message100MONTOtOtk, ... activity 0 Epstein, did Q. Did Zack ever try to convince you to HOUSE OVERSIGHT 012416-0929104.TXT 18 A. No. 19 140 :ONOYiN Babreimulglivent%scREDstemRsMitycme 20• to Thd.HOMiiiY008g0g0 22 23 24 UnOfillMihaW0A0000TOOdgt0g1405$04 1$0.)((taliii0..0.VIMMONttitigarft0Y.nEl)$,SZOttt.'":Z 1 2 3 again. 4 UnOW b- 7 14 15 objection for the record. 16 MR. TEIN: Stop speaking. 17 MR. LEOPOLD: I'm not going to stop 18 19 the record. 20 MR. TEIN: You're coaching the witness. 21 MR. LEOPOLD: Counsel -- 22 MR. TEIN: Stop coaching the witness. Page 22 NO:. gg *OIL Q. dowAi U. tooigàge In 26 You're sure that -- let me ask the question Yd a. tibt 00f6MVOW-4Mtd; yw 0-trt0d4tO_MIU a de you to engago MR. LEOPOLD: Objection. Asked and 8 answered. 9 THE WITNESS o And I've already 10 answered that a bazillion times. 11 BY MR. TEIN: 12 Q. He's coaching you now. So I'm going to ask 13 the question -- MR. LEOPOLD: Counsel, I've made an speaking. You can't interrupt me when I'm making HOUSE OVERSIGHT 012417-0929104.TXT 23 BY MR. TEIN: 24 Q. let me ask you -- 25 MR. LEOPOLD: If you continue to -- 27 1 MR. TEIN: Stop interrupting my questions. 2 MR. LEOPOLD: If you do it one more time, 3 we're leaving. 4 BY MR. TEIN: 5 Q. 6 MR. LEOPOLD: I'm going to make the record. 7 You cannot interrupt me when I'm making the 8 record. Out of professional conduct, you cannot 9 do that. I'm entitled to make the record. I made 10 an objection, asked and answered. You demeanor is 11 inappropriate. You're willing and you are able 12 and you're responsible to ask a question in a 13 professional manner and ask the question and once 14 you get the answer, to either follow up on it or 15 move on, but not continuously browbeat and ask the 16 same question over and over because you don't like 17 the answer. 18 MR. TEIN: Calm down, sir. 19 MR. LEOPOLD: Trust me, I'm very calm here. 20 When I'm not calm you'll know it. I'm very calm. 21 So please continue on, but I will not allow 22 you to continue to harass her in the demeanor that 23 you're doing. Ask her a question and move on. 24 MR. TEIN: Are you done? 25 MR. LEOPOLD: Thank you. I am. Page 23 HOUSE OVERSIGHT 012418-0929104.TXT 28 1 MR. TEIN: Stop misrepresenting the record 2 and calm down. I'm going to ask my question. 3 Stop it. 4 BY MR. TEIN: 5 Q. 6 MR. LEOPOLD: I think the record is very 7 clear. 8 MR. GOLDBERGER: Let me just clarify 9 something. When you object to the form of a 10 question, you're not instructing the witness not 11 to answer the question, are you? 12 MR. LEOPOLD: No. And I'm not making that 13 objection: only on attorney/client privilege. 14 MR. TEIN: Will you stop speaking now so I 15 can ask my question? Are you done? 16 Okay. I'm going to ask my question. 17 BY MR. TEIN: 18 Q. Listen, 19 MR. LEOPOLD: Hold on. Stop. 20 I've been doing this for 20 plus years and 21 have met a lot of attorneys, but I've never had an 22 experience like this where I've -- 23 MR. TEIN: Stop your speeches. 24 MR. LEOPOLD: If you continue to do this, 25 whether its with me or with my client, I will not 29 1 put up with it and I don't need to put up with it 2 and it's not appropriate. And I'm sure Mr. 3 Goldberger knows all this, because I know that he 4 wouldn't do this. So I will not put up with it. Page 24 HOUSE OVERSIGHT 01241921 22 23 24 25 1 3 1:$ 5 6 -0929104.TXT And I think it's highly inappropriate to do this with this child sitting here, the way you're 7 acting, primarily towards me, and I will not put 8 up with it. 9 MR. TEIN: Will you please stop your speech 10 so I can ask questions? 11 MR. LEOPOLD: So long as you act 12 professionally, I will do so. But if you continue 13 to do it this way, I will leave. 14 MR. TEIN: Suit yourself. 15 BY MR. TEIN: 16 la are you sure that brore you go:t. ie tried to..."TttUalCSO.40.3Migtr.1 $0001g6M9440Witft 'gtb4W bitHM40/7 19 MR. LEOPOLD: Asked and answered. 20 Objection. MR. TEIN: Did you get her answer? THE COURT REPORTER: No, I did not. THEATINEW *A000100gA000400 BY MR. TEIN: OtH0080 009Z 30 e41. Or Q Jeff never e-rnai led you, dd he? Vt.i* )0f7r!.!:lbOVOtiiMO.XV.;_;!0)0.0§§§0400.::1!,i:„. Q. AfRbootgehatOribt Page 25 iidi4tRttOMIWW-401.4 HOUSE OVERSIGHT 012420-0929104.TXT 1 2 A. Q. BeTOWYOPAOUP-AgOV$11q00;.'YOM114.0' 40....tMbO•tbrgyou .p „ . . .:P§ttOOMI!, f3.0.0.!;!:Y.$:(i!;1;!:!.ffingt.'0!;.!i!ErigtOrIV.$g.ltiMii$0!;!;STOttlIO:d Kthapt400%totlw yogi !.)10V.0,1 to1c..!;!i4:0F.tggrfOiPSO-IP:MOVA:!:.0).140r1;.!1114:AROIDI ...... .............................................................................................. ad you And you only went that one time three years ag, correct? A. Yu never went there again, A. No. taiiiaariiitpAtOtdaZba1$0 tt:Odt2i- Q. All right. Let me ask you two final areas 3 of questioning about this and we'll move onto something 4 else. Okay? 5 A. Uh-huh. Yes. I'm sorry. 6 moggrommok -WOMOOW 17i 6000dIat yOU on the phone arid -m50:-Im!:14-gr$oaaceiiitit113.0 11Na1150:$0g0030:00V:i:Mitqq: rAg: Q. BeforE you go 0AgOOAPt§digigiletPOPOIAZO.:-" 13 an erce you to engage WOWinduce, entice or c Page 26 31 HOUSE OVERSIGHT 012421-0929104.TXT 14 engage in any sexual activity? !;IS Q. 5WW.OTWYOdttOt AttADtax AMEYWAVOUI I .Orrgi!A Min 20 Q. Was it or was it the other girl in 21 the car who you rode over with to Epstein's house? 22 A. 23 Q. Who was the other girl in the car with you 24 that day? 25 A. I honestly don't know. 32 1 Q. Had you ever seen her before? 2 A. No, sir. 3 Q. You told the police that when you rode over 4 to Epstein's you had no idea who she was, right? 5 A. Correct. 6 Q. You told the police that you didn't know 7 her name, but she was like really dark, kind of like a 8 Spanish girl? 9 A. Yes. 10 Q. Those were your words, right? 11 A. Yes. 12 Q. Do you now know who she is? 13 A. No, sir. 14 Q. So it was who told you to lie about 15 your age to Jeff Epstein? 16 A. Yes, sir. 17 Agt A0410400Ahlk Page 27 27 HOUSE OVERSIGHT 012422-0929104.TXT 18 hoL 19 20 21 when you first met Jeff. Okay? 22 A. Sure. 23 Q. When you first met Jeff he tried to find 24 out how old you were, right? 25 300MERMY0040$0 Q. All right. Let's talk for a minute about A. Excuse me? 33 1 ' 000#000; hONtd#0400400) umgh- dwriht 3 Not. whrW fi rsti................rtrodUd P4OWMOr 4 WOht AMter$40X4MY: 5 Q. During the massage Jeff asked you how old 6 you were, correct? 7 A. Yes, yes. 8 Q. Now hadn't you already told Jeff's 9 assistant, the one who walked you upstairs, that you went 10 to college and had just moved down here from Ohio? 11 A. I never spoke to the lady. 12 Q. Do you want to rethink that answer? 13 MR. LEOPOLD: Is that a question? 14 BY MR. TEIN: 15 Q. Do you want to rethink that answer? 16 A. No. I didn't really speak with her that 17 much. 18 Q. Do you want to try to refresh your memory 19 on that? 20 MR. LEOPOLD: Do you have something to 21 refresh her memory with? 22 MR. TEIN: Do you want to stop making Page 28 HOUSE OVERSIGHT 012423-0929104.TXT 23 speaking objections? 24 MR. LEOPOLD: No. But to refresh someone's 25 memory you show them a document. 34 1 2 3 4 5 6 7 MR. TEIN: I know how to do this. MR. LEOPOLD: Then show her a document. MR. TEIN: Stop speaking. MR. LEOPOLD: I'm not going to stop speaking. I'm going to continue to make the record. MR. TEIN: You're obstructing. Please 8 stop. 9 MR. LEOPOLD: I'm not obstructing. But if 10 you want to refresh her recollection, you need to 11 show her something. 12 That's not a proper question. I object to 13 the foundation and the predicate of that question. 14 MR. TEIN: Are you done? 15 MR. LEOPOLD: I am now. Thank you. 16 BY MR. TEIN: 17 Q. Do you want to try to refresh your memory 18 as to whether you had any conversation with the woman who 19 walked you upstairs in Epstein's house in which you told 20 her that you went to college and had just moved down from 21 Ohio? 22 MR. LEOPOLD: Objection. Object to the 23 form of the question. Lack of foundation and 24 predicate. 25 BY MR. TEIN: Page 29 HOUSE OVERSIGHT 012424-0929104.TXT 35 1 Q. You can answer the question. 2 A. Sure. 3 Q. Is there anything that would refresh your 4 memory that in fact you told Mr. Epstein's assistant, the 5 one who walked you upstairs, that you went to college and 6 you had just moved down here from Ohio? 7 A. I don't remember saying that, but if you 8 I don't remember saying that myself, so -- 9 Q. That would be a lie, right? 10 A. No. I really don't remember. 11 W WNW Ri Jeff that you weragInf 10-,L gOttOM 13 YO*0 14 Q. Do you remember Detective Michelle Pagan of 15 the Police Department, Palm Beach Police Department? 16 A. Yes. 17 Q. Do you remember you spoke to her? 18 A. Yes. 19 Q. Do you remember that you told Detective 20 Pagan igogp_....................................................... Wppj$4tdatiOUWWW- :thJf1HVoUrdi ....... MOtbaWOMitti.0040$0400 22 JAM 00§WR ON. W 25 Q. And do you remember telling Detective Pagan .i$ound, 36 1 that when you lied to Epstein about your age that you 2 said it really fast so Epstein wouldn't realize you were 3 lying? 4 A. No, I don't remember saying those words Page 30 HOUSE OVERSIGHT 012425-0929104.TXT 5 exactly to her. 3-gtoioobotawmgatgaiampao 44XPTIVAMMOWTOZ 7 Q. Does it sound right to you that you told 8 Detective Pagan that you said your age really fast to 9 Epstein 10 MS. BELOHLAVEK: Objection. Asked and 11 answered. 12 BY MR. TEIN: 13 Q. -- so he wouldn't think that you were 14 lying? 15 MR. LEOPOLD: Objection. Asked and 16 answered, lack of foundation, mischaracterization 17 of her earlier testimony. She's already answered 18 that question. 19 BY MR. TEIN: 20 Q. You can answer it. 21 MR. LEOPOLD: Same objection. It's been 22 asked and answered. 23 You can answer. I've made the objection. 24 THE WITNESS: I forget the question, now. 25 37 1 BY MR. TEIN: 2 3 4 7 8 Q. Let me put it again. P9g*iiPg$01400:gr*OggPgYOm 4;.!ggo.lo ;!pgpootif:MgRggpmingvmhowa. I,:ttWoh•otrPsoutuogmixo ia.Orte#SC'!EPt#T:ff.!;:i*O2i$'4'itt:i!!trAt:0:44:1ISC:r.O$M;ti.O.g0::(1:11. 4146AtAbbtg iff6M4V 8-0 MR. LEOPOLD: Objection. foundation, asked and answered. Page 31 HOUSE OVERSIGHT 0124269 44 11 BY MR. TEIN: 12 -0929104.TXT 3#,RIMEMPAt f0.00X1J :ro.:,,,:lylog*i.04t1Yourogg:15401tz -#Z 00t0.0t 15 Q YOM0140MOOVI.,Mr Epstein to know that T uwot.i8.zitTgbtZ: ::POtPOOtM: 100104mOdMit&tt*tOitotd:A$4:140Mth4t Hy were is, right? 24 Wh e Ak , Correct. Do you remember when Mr. :g4tfl omooto school? Aritd1iMr Epstein Y0 ONWOWXR right? 38 1 A. Yes. 2 q. Was that thGxpowz, W 4 Q. In fact, you went to right? 5 A. Yes. 6 Tm wsc- Tiedgzogyi 01.#1540PrOOPZ. 006 8 Q. Is Wellington the college that you told 9 Jeff's assistant that you were attending? 10 A. I don't remember having that conversation 11 with her, so I wouldn't know if that's what I said. 12 Q. That was a lie, though, wasn't it? 13 MR. LEOPOLD: Objection to the form of the Page 32 HOUSE OVERSIGHT 012427-0929104.TXT 14 15 16 17 question, lack of foundation. You're making an assumption. She just answered you she can't tell you that. MR. TEIN: Speaking objection. And you 18 well know that, Mr. Leopold. 19 MR. LEOPOLD: She can't answer that 20 question. The way you phrased that question 21 you're purposely making her not be honest in her 22 testimony. She can't answer a question like that. 23 She doesn't remember So then you say, "So you 24 were lying." That's improper and you know that. 25 That's not a proper question. And any attorney 39 1 that would do that to a witnesses or to a person 2 that's sitting in this chair is not acting 3 professionally. You can't ask a question like 4 that. You can do it, but it's not proper. And 5 I'm sure you weren't trained that way, certainly 6 not ethically. 7 MR. TEIN: Will you stop? 9 MR. LEOPOLD: I'm not going to stop, because the way you're asking that question is 10 improper and you know it. 11 MR. TEIN: You're losing your cool. 12 BY MR. TEIN: 13 Q. 14 MR. LEOPOLD: Trust me. I'm very calm. 15 When I lose my cool, you'll know it. 16 MR. TEIN: I do know it. 17 BY MR. TEIN: Page 33 HOUSE OVERSIGHT 012428104. TXT 18 •:Q,.11it Mr'r:::'.1::Eri:$K%Olii.009:0.n!..0-$.-gOtlz-S0,0:- Ta ,K.Mii:.....M6:01110M0100t:!kititiaiiiit05$4402.1.1110igi00.C100-gitZ ',.g0. ,A.1,, !i10:00:ttit:...:. A040000Bi0:0000080.0i!!itOii!itiONCtitti 4Y6 ,mrkgotbitiq10,4td4ouBtoAllyttail g.!X gg0g01•040501017: 25 .hI1:her MR. LEOPOLD: Objection. Foundation, 40 predicate. THE WITNESS: Correct. You toldthe p01 lce :A*Otatg#00Matbbt him 46....2.4V- A4OPP IA00$MOOMMOOtai: Your ggr NOM4OggIXbOX%M040 410a004t4i0.40 MMIAINKOIPMPOMOMMOMAI4MMY POW trie At no time di did you? gottpii$. 114 'AMEXWOW I ncorrect. Well, you told the police, "At no time did Page 34 HOUSE OVERSIGHT 012429-0929104.TXT 23 he touch me." Were you lying to the police then? 24 A. No. Well, I wasn't being fully truthful, 25 but I wasn't lying. 41 1 Q. You told the police twice when you spoke to 2 Michelle Pagan that "at no time did he touch me." Didn't 3 you say that to the police? 4 A. Yeah. 5 Q. And you're saying that that was not fully 6 truthful. Is that what you're saying now? 7 A. Correct. 8 Q. And you're saying if you're not fully 9 truthful, that's not a lie. Correct? 10 14 15 16 17 18 todu 47@ga A. YOU t001( that 01..rt of context I 4C4Wrea 1 didn-tt an lIke that. Touching my legSsand -- kePtlilhands to himself tile entire time. TWV to Q. You told the police, "At no times did he touch me." You agree with that, correct? A. No, I don't agree with that, because he did touch me. Q. Did you tell the police that he did not 19 touch you, yes or no? 20 A. It's a possibility, but I do not remember. 21 ,(W A60400HOUIROWNVOROYA9W0f3WO VIVT 4OrCIR4611I0Ota 23 24 POz. W AWN01414- TWO TAW Page 35 Y tYPe of ora sax HOUSE OVERSIGHT 0124304 Q. -0929104.TXT 42 1 440394100§f- POROME: All right. afEattdOtTi Let's talk about what happened 5 after the massage was over. 6 7 A. Okay. Q. After the massage you told Epstein that you 8 wanted to bring your twin sister back so she could make 9 some money, correct? 10 A. Incorrect. 11 Q. Your twin sister is , right? 12 A. Correct. 13 Q. And you love very much, don't you? 14 A. Yes. 15 Q. And when you left the house you were joking 16 with the other girls, weren't you? 17 A. Incorrect. 18 Q. Well, when and the other girl in the 19 car that day made their statements to the police they 20 told the police that you were joking afterwards. Are you 21 saying that they were lying to the police about that? 22 A. No. But a question or -- questions from 23 -- like she asked me questions, but it wasn't 24 joking. She was kind of like in a happy way, like, "Oh, 25 what did you do? What did you do?" Like those kind of 1 things, but it wasn't joking about it at all. 2 Q. You joked about it, didn't you? 3 A. No. 4 Q. You said to that if you did this Page 36 43 HOUSE OVERSIGHT 012431-0929104.TXT 5 every weekend you'd be rich, didn't you? 6 A. No. That's what told me. 7 Q. You didn't tell that to =? 8 MR. LEOPOLD: Objection. Asked and 9 answered. 10 THE WITNESS: No. 11 BY MR. TEIN: 12 W AMMMYOWTOMEO - '''' :,1000$040w With0- gi *MVO OIMINA04.... 14 4W-EtwthONOVezorpootiz 15 A. Incorrect. I didn't spend any of the 16 money. 17 18 19 21 22 23 24 Q. You went to Marshall's, didn't you? A. I went along, yes, but I didn't -- T003000AAMOROWANMANOWOMMOMM 4. MR. LEOPOLD: Objection. THE WITNESS: I guess you could say that. MR. LEOPOLD: Objection. Lack of predicate and foundation. Mischaracterization of earlier 25 testimony. 1 BY MR. TEIN: 2 Q. And bought a purse, right? 3 A. Yes. 4 Q. And you were with her the whole time at 5 Marshall's, correct? 6 A. Yes. 7 Q. Now tell me about when the federal 8 prosecutors told you about getting reimbursed. Page 37 44 HOUSE OVERSIGHT 012432-0929104.TXT 9 A. I have no idea what you're talking about. 10 Q. Tell me about when the federal prosecutors 11 spoke to you about getting money you feel you're entitled 12 to from Mr. Epstein. 13 A. I don't know what you're talking about. 14 Q. Do you know who Marie Villafona is? 15 A. No, sir. 16 Q. Did you ever meet with any federal 17 prosecutors? 18 A. I think -- yeah. I think they were -- I 19 think they were like FBI. 20 Q. Uh-huh. Did you meet with federal 21 prosecutors? 22 A. They came to my house one time, yes. 23 Q. When did they come to your house? 24 A. Very long ago. 25 Q. Was it this year, 2008? 45 1 A. It was not this year, no. 2 Q. Was it 2007? 3 A. I'd have to say at least two years ago or a 4 year ago, yeah. So it would be 2007, 2006; but it was a 5 while ago. 6 Q. How many federal prosecutors or FBI agents 7 came to your house? 8 A. I'm trying to remember. I want to say four 9 people came. 10 Q. Did they give you their business cards? 11 A. If they did, I don't remember, and they 12 weren't toward me. Maybe my parents have them. I don't 13 know. Page 38 HOUSE OVERSIGHT 012433-0929104.TXT 14 Q. Did they give you their cell phone numbers? 15 A. No 16 Q. Did you ever speak to them on their cell 17 phones? 18 A. No, sir. 19 Q. Did they speak to your parents? 20 A. That's something you'd have to ask my 21 parents. 22 Q. Do you know whether they spoke to your 23 parent's? 24 A. No, sir. 25 Q. You have no idea? 46 1 A. No, sir. 2 MR. LEOPOLD: Objection. Asked and 3 answered. 4 BY MR. TEIN: 5 Q. So if I say the name to you Marie 6 Villafona, you don't know who that is? 7 A. No, sir. 8 Q. How many women and how many men came to 9 your house? 10 A. I want to say two ladies and two guys. 11 Q. Did someone named Jeffrey Sloman come to 12 your house? 13 A. I don't know names, sir. 14 Q. Do you know who Jeffrey Sloman is? 15 A. No, sir. 16 Q. Do you know who Jeffrey Herman is? 17 A. Yes. Page 39 HOUSE OVERSIGHT 012434-0929104.TXT 18 Q. That's the lawyer who first sued Epstein on 19 your behalf, right? 20 A. Yes. 21 Q. Has Mr. Herman advanced your family any 22 money? 23 MR. LEOPOLD: Any conversations that you've 24 had with Mr. Herman regarding that issue, you are 25 not to disclose. If you've learned in some other 47 1 fashion, you may answer. 2 THE WITNESS: Okay. 3 I wouldn't know. 4 BY MR. TEIN: 5 Q. You don't know? 6 A. No. 7 MR. LEOPOLD: Objection. Foundation. 8 Attorney/client privilege. 9 BY MR. TEIN: 10 Q. And you say you don't know who Jeff Sloman 11 is? 12 A. No, sir. 13 Q. Does it refresh your recollection that he's 14 the number two prosecutor at the U.S. Attorney's Office? 15 A. No. 16 Q. That he's Marie Villafona's boss? 17 A. No. 18 Q. Does it refresh your memory that he's the 19 ex-partner of Jeff Herman, the first lawyer who sued 20 you -- sued Mr. Epstein on your behalf for fifty million 21 dollars? 22 A. No. I don't know who he is. Page 40 HOUSE OVERSIGHT 012435-0929104.TXT 23 Q. Without telling me any conversations that 24 you've had with your lawyers, how is it that you selected 25 Mr. Herman as your lawyer from the 81,000 members of the 48 1 2 3 4 5 6 7 Florida Bar? A. I did not select him. Q. Who did? A. My father. Q. Did you ever meet Mr. Herman? A. Once. Q. Don't -- don't tell me what you discussed 8 with him. Where did you meet him? 9 10 friend's house. 11 Q. Whose house? 12 A. My friend 13 Q. Is that from 14 15 16 17 18 19 A. I was shopping in my -- he showed up at my A. Yes. Q. And did you have a meeting with him at 's house? A. Yes. I guess you could say that. Q. And who else was there? 20 A. My Aunt 21 Q. And what was that meeting about? 22 MR. LEOPOLD: Objection. That calls for 23 attorney/client privilege. 24 BY MR. TEIN: 25 Q. What discussions did you have with Page 41 HOUSE OVERSIGHT 012436-0929104.TXT 49 1 Mr. Herman in the presence of 2 A. None. 3 Q. What discussions did you have in the 4 presence of her aunt? 5 A. Of my aunt? 6 MR. GOLDBERGER: It's the witness's aunt. 7 BY MR. TEIN: 8 Q. Oh, of your aunt. 9 A. The only one that we've ever discussed or 10 ever had. 11 Q. And so you were in a conversation with 12 Mr. Herman and your aunt? 13 A. Yes, sir. 14 Q. And you discussed privileged matters during 15 that conversation? 16 MR. LEOPOLD: Object to the form. I think 17 you might have to educate her on that question. 18 BY MR. TEIN: 19 Q. You discussed the lawsuit? 20 A. Yes. 21 Q. Did tell you about any 22 conversations that she had with Mr. Herman? 23 A. As far as I'm concerned, she's never spoken 24 or she's never had a conversation. She only opened the 25 door and then left. She's the one who answered the door. 50 1 Q. Why did the meeting take place at 2 house? 3 A. I spent the night that night at her house. 4 Q. And when was this? Page 42 HOUSE OVERSIGHT 0124375 A. 6 Q. 7 A. 8 Q. 9 A. 10 11 12 13 14 15 16 -0929104.TXT A while ago. How long ago? A month and a half ago. I'm A month and a half ago? Uh-huh. :WWWJMOWOMOVAMOVAIna guessing. ottotattriA0.0.. 4W ABM Q. Did you meet what an FBI agent named Nesbit Kirkendall, a woman? A. I don't know. Q. Did Ms. Kirkendall speak to you about 17 getting reimbursed from Mr. Epstein? 18 19 20 21 22 A. Not to my knowledge. A. I've never had a discussion with anyone about getting reimbursed from Mr. Epstein. Q. Have you met with an agent named Jason Richards? 23 Q. 24 A. 25 Q. How about an agent named Tim Slater? No, sir. How about an agent named Junior Ortiz? 51 1 A. No. 2 Q. And we've learned that many of the girls, 3 some of whom are as old as 23, were told by the 4 government that they would get money at the end of the 5 criminal prosecution. Does that sound familiar to you? 6 A. No, sir. 7 Q. Other than Mr. Leopold here I'm not 8 asking about Mr. Herman either -- Page 43 HOUSE OVERSIGHT 012438-0929104.TXT 9 A. Uh-huh. 10 Q. -- did anyone ever discuss with you that 11 you could get reimbursement for your damages? 12 A. No, sir. 13 Q. Did you or any member 14 MR. LEOPOLD: Are you referring to a 15 criminal matter or a civil matter? 16 BY MR. TEIN: 17 Q. Did you or any member -- 18 MR. LEOPOLD: Excuse me. Let me object to 19 the form of the question. 20 BY MR. TEIN: 21 Q. Did you or any member of your family ever 22 get a victim notification letter from anyone? 23 A. I no longer live at that residence and I 24 wouldn't know. 25 Q. So your testimony is that you have never 52 1 received a victim notification letter, correct? 2 A. Correct. 3 Q. And your testimony is that you don't know 4 if your parents have ever received a victim notification 5 letter, correct? 6 A. Correct. 7 Q. Have you given any evidence to prosecutors 8 or law enforcement in this case? 9 A. What do you mean by evidence? 10 Q. Well. Anything that you can touch or feel? 11 A. No. 12 MR. LEOPOLD: Objection to the form of the 13 question. Page 44 HOUSE OVERSIGHT 012439-0929104.TXT 14 BY MR. TEIN: 15 Q. So you haven't given anything physical -- 16 A. No. 17 Q. -- any item to any prosecutor, police 18 officer or law enforcement agent, correct? 19 A. My cell phone four years ago or three years 20 ago, but that's it. 21 Q. You gave your cell phone to whom? 22 A. Michelle Pagan. 23 Q. Did she keep it? 24 A. Ask her. 25 Q. You gave it to her and then you didn't get 53 1 it back at the end of the meeting? 2 A. No. They -- yeah. No. They have it. I'm 3 guessing. I don't have it. 4 Q. How much money are you hoping to get out of 5 Mr. Epstein? 6 MR. LEOPOLD: Objection to the form of the 7 question. Attorney/client privilege. 8 BY MR. TEIN: 9 Q. How much money are you hoping to get, you, 10 yourself, hoping to get out of Epstein? 11 MR. LEOPOLD: Same. Same objection, 12 attorney/client privilege. 13 Don't answer the question. 14 BY MR. TEIN: 15 Q. I'm not asking about what your lawyer told 16 you. 17 MR. LEOPOLD: I'm instructing her not to Page 45 HOUSE OVERSIGHT 012440-0929104.TXT 18 answer the question, because any of those 19 conversations involve her counsel. 20 MR. TEIN: Certify that. 21 MR. LEOPOLD: Please. 22 ..................CERTIFIED QUESTION.................. 23 BY MR. TEIN: 24 Q. Now, Saige, you lied to get out of this 25 deposition, didn't you? 54 1 A. No, sir. 2 Q. You didn't want to come to court today and 3 tell the story that you had told to the police under 4 oath, did you? 5 MR. LEOPOLD: Object to the form of the 6 question. Lack of foundation, predicate. 7 THE WITNESS: No. I have no problem coming 8 here and talking to you. 9 BY MR. TEIN: 10 Q. And to avoid getting served with a lawful 11 subpoena, you lied about your name, didn't you? 12 A. No. 13 Q. And in fact, just lying yourself wasn't 14 enough, was it? 15 MR. LEOPOLD: Objects to the form of the 16 question. 17 Don't answer it. It's not a question. 18 Object to the form of the question. Lack 19 of foundation. 20 MR. TEIN: Are you instructing her not to 21 answer? 22 MR. LEOPOLD: I am. Page 46 HOUSE OVERSIGHT 01244123 24 25 -0929104.TXT MR. TEIN: Certify it. MR. LEOPOLD: Please. 55 1 ..................CERTIFIED QUESTION.................. 2 BY MR. TEIN: 3 Q. You asked your co-workers 4 MR. LEOPOLD: It's vague and ambiguous. 5 BY MR. TEIN: 6 Q. You asked your co-workers at the 7 to lie for you, didn't you? 8 A. No. I informed my boss about what was 9 going on and he told me that he would help in any way 10 that he can. 11 Q. Okay. You got your friend to lie 12 by switching name tags with you, correct? 13 A. Incorrect. It was a coincidence that same 14 night she was not wearing her name tag; she was wearing 15 mine. But I was also not wearing -- I was wearing my 16 name tag. Everyone switches name tags. It just so 17 happens it was a coincidence that same night the people 18 came with the papers. 19 MR. TEIN: Will you put up Exhibit 18-001? 20 MR. GOLDBERGER: And mark 18-001 for 21 identification purposes to this deposition. 22 MR. LEOPOLD: None of them have been marked 23 yet. Can we mark them and put them as attachment 24 to the depositions? Because I think you've shown 25 three photos now. And this is the only one that Page 47 HOUSE OVERSIGHT 012442-0929104.TXT 56 1 has been marked for identification yet. 2 BY MR. TEIN: 3 Q. 4 MR. LEOPOLD: Hold on just a second. Just 5 so the record is clear -- 6 MR. TEIN: I'm not speaking to you. 7 MR. LEOPOLD: Okay. Then don't speak to me 8 then. But I'll speak to Mr. Goldberger, perhaps. 9 But at least for the record, can we put on 10 the record what the previous two photographs were 11 marked for identification? 12 MR. GOLDBERGER: We will make sure that the 13 record is clear at the end of the deposition so 14 that there's no ambiguity. 15 MR. LEOPOLD: Thank you. 16 BY MR. TEIN: 17 Q. I've put a photograph marked 18-001 18 up on the screen. Do you see that? 19 A. Yup. 20 Q. Who is that in the photo? 21 A. on the left and me on the right. 22 Q. right? 23 A. Yes. 24 Q. your friend at the 25 right? 57 1 A. Yes. 2 Q. your friend, who you say the day 3 that the process servers went to serve you with a 4 subpoena for this deposition, just happened --just by Page 48 HOUSE OVERSIGHT 0124435 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -0929104.TXT coincidence, was wearing your name tag? A. Yes, sir. Q. And just by coincidence, you were wearing her name tag, correct? A. Yes. Q. Your testimony under oath is that's just a coincidence, right? A. Total honesty. Q. It just happens to be the day that you were going to be served with a subpoena, correct? A. That wasn't the first day that -- MR. LEOPOLD: just answer the question. It calls for a yes or no. THE WITNESS: Yes. BY MR. TEIN: Q. NOW$010gtb AMOOPritM going to 000C90040,03 Gtflg na 0150000WPOffrOW A. c.dittotua Q. 1650UKOWDOMM 00103 _AtON00 h that the process serve 58 1 looking for you, didn't you? 2 A. No. I knew -- 3 MR. LEOPOLD: Just answer it. It calls for 4 a yes or no. 5 THE WITNESS: Okay. No. 6 BY MR. TEIN: 7 Q. Now you can explain the answer that your 8 counsel stopped you from explaining. Page 49 HOUSE OVERSIGHT 012444-0929104.TXT 9 A. Okay. I work at and people 10 were telling me that people were looking for me. So yes, 11 I was aware that people were searching for me, but I had 12 no idea who they were or what their intentions were, but 13 I thought they were just people I didn't want to talk to. 14 So I just didn't want to talk to them. And every time 15 they'd come to work I wasn't there. And so happens the 16 night that they came in me and my friend switched name 17 tags. No big deal. 18 Q. That's a lie, isn't it? 19 MR. LEOPOLD: Objection. Don't answer that 20 question. That's harassment and I will not allow 21 it. He could ask the questions and we'll allow a 22 jury to make that determination, but not counsel. 23 I will not allow her to answer that 24 question. 25 MR. TEIN: Certify it. 59 1 MR. LEOPOLD: I'll certify it. 2 ..................CERTIFIED QUESTION.................. 3 She's answered that question. She's explained it five 4 times already. The fact that Counsel doesn't like the 5 answer, that's a different query. 6 MR. TEIN: Stop making speaking objections. 7 MR. LEOPOLD: I'm not. I'm not going to 8 put up with it, because it's in appropriate, Jack, 9 and you know it. I will not allow Counsel to 10 berate a witness, whether it's in a criminal case 11 or a civil case, whether my client or 12 MR. TEIN: Calm down. 13 MR. LEOPOLD: Excuse me. Page 50 HOUSE OVERSIGHT 012445-0929104.TXT 14 No, I'm not going to allow it. That is not 15 proper. 16 MR. GOLDBERGER: Okay. 17 MR. LEOPOLD: If he wants to say that she's 18 lying after asking it five times and her 19 explaining in great detail, he can do that. But 20 I'm not going to allow her to answer, nor be 21 harassed by him. It's improper. 22 MR. GOLDBERGER: Okay. But your response 23 that Counsel doesn't like the question -- or 24 doesn't like the answer -- just let me finish. 25 MR. LEOPOLD: Absolutely. I wasn't going 60 1 to interrupt you. 2 MR. GOLDBERGER: Just requires us to say we 3 like the answer to that question. And it's not 4 you and t or you and Mr. Tein who are testifying 5 here. It's the witness. 6 MR. LEOPOLD: Fine. But after the sixth 7 time of asking the same question and then coming 8 back and pointing a finger at her and saying, 9 you're a liar -- 10 MR. TEIN: That didn't happen. 11 MR. LEOPOLD: That's fine. But I'm not 12 going to allow her to answer that question because 13 she's answered that same question and has 14 explained it. 15 Now Counsel might be sitting there rubbing 16 his head with a migraine. That's his problem. 17 But if he can't ask a question appropriately in a Page 51 HOUSE OVERSIGHT 012446-0929104.TXT 18 professional manner, we will leave. I will not 19 allow her to be berated like that. 20 MR. GOLDBERGER: Actually, we're very happy 21 with the answer. 22 MR. LEOPOLD: That's great. 23 MR. GOLDBERGER: Do you want us to get into 24 that? 25 MR. TEIN: Ted -- 61 1 MR. LEOPOLD: This is really big stuff that 2 you're going through, but that's fine; just ask 3 your question and move on. But do it one time. 4 If you don't understand it, I'll let you follow 5 up, but I'm not going to allow you to ask the same 6 question the time and again and then call her a 7 liar. Just ask the question, get the answer and 8 move to the next subject matter. 9 MR. TEIN: Ted, I'm sitting right across 10 the table from you. 11 MR. LEOPOLD: Yes, sir. 12 MR. TEIN: Please be quiet. Don't yell. 13 MR. LEOPOLD: I will not be quiet. 14 MR. TEIN: Stop yelling. 15 MR. LEOPOLD: Lewis, when I'm yelling 16 you'll know it. I will not -- 17 MR. TEIN: My name is not Lewis. 18 MR. LEOPOLD: I thought your first name was 19 Lewis, Mr. Tein. 20 MR. TEIN: You watched me for three days at 21 the evidentiary hearing where you sat in the back 22 of the courtroom. You should know who I am. Page 52 HOUSE OVERSIGHT 012447-0929104.TXT 23 MR. LEOPOLD: Well, that's the impression 24 you must have made in the courtroom. 25 I will not be quiet. 62 1 MR. TEIN: That's obnoxious. Stop being 2 obnoxious. It's stupid. Let's go ahead with the 3 questions. 4 MR. LEOPOLD: I will make the record. 5 MR. TEIN: Let's get on with the questions. 6 MR. LEOPOLD: Do you need a break? 7 (Thereupon, a recess was taken.) 8 BY MR. TEIN: 9 Q. Okay. after you told your manager 10 at the everything that was going on 11 and he told you he would help you any way he could, he 12 hid you in the kitchen from the process servers, correct? 13 A. Incorrect. 14 Q. Isn't it true that lying to avoid service 15 is a meaningless lie to you, 16 A. Incorrect. 17 Q. What is your manager's name? 18 A. I have three. Would you like to know 19 all 20 Q. Who's the one who lied for you? 21 A. Justin. 22 Q. And what did Justin do to lie for you? 23 A. Said I wasn't there. 24 Q. And who did he tell wasn't there? 25 A. Ask him. Page 53 HOUSE OVERSIGHT 012448-0929104.TXT 63 1 Q. Where were you when Justin told this 2 someone that you were not at the 3 A. Eating nachos. 4 Q. At the 5 A. Yes. 6 Q. What did you do so that Justin would lie to 7 the process servers for you? 8 A. Nothing. 9 Q. You just got him to lie for you, didn't 10 you? 11 A. No. I had no influence on him saying I 12 wasn't there. 13 Q. He took that upon himself? 14 Isn't it true that Mr. Epstein's process 15 servers had to ask the police to get you out of the 16 restaurant so that they could serve you? 17 MR. LEOPOLD: Objection. Lack of 18 foundation, predicate. 19 BY MR. TEIN: 20 Q. You can answer the question. 21 MR. LEOPOLD: If you know. Don't guess. 22 THE WITNESS: No. Can you repeat the 23 question? 24 MR. TEIN: Don't coach. 25 MR. LEOPOLD: Don't guess. 64 1 MR. TEIN: That's a coaching. 2 MR. LEOPOLD: No. That's an instruction to 3 the client. 4 MR. TEIN: No. You don't do that. Page 54 HOUSE OVERSIGHT 012449-0929104.TXT 5 THE WITNESS: Can you repeat the question? 6 MR. LEOPOLD: Let me just state for the 7 record -- 8 BY MR. TEIN: 9 Q. Once the police -- isn't it true that 10 Mr. Epstein's process serves had to ask the police to get 11 you out of the restaurant so that they could serve you? 12 A. Incorrect. My boss called the police. 13 Q. And once the police showed up, to stop you 14 from lying to avoid service, you made up another lie that 15 the process servers had harassed you. Isn't that 16 correct? 17 A. Incorrect. 18 Q. You lie all the time, don't you? 19 MR. LEOPOLD: Objection. 20 THE WITNESS: Incorrect. 21 BY MR. TEIN: 22 Q. You have a MySpace page, don't you? 23 A. No longer do I have a MySpace page. I 24 deleted it. 25 Q. When did you delete your MySpace page? 65 1 A. A couple days ago. 2 Q. Who told you to take your MySpace page down 3 a couple of days ago? 4 A. Nobody. I'm sick and tired of MySpace. 5 Q. You all of a sudden got sick and tired of 6 MySpace and just a few days before this deposition you 7 decided to delete your MySpace page, correct? 8 A. Correct. Page 55 HOUSE OVERSIGHT 012450-0929104.TXT 9 Q. Is that your testimony under oath? 10 A. Yes. 11 Q. Did you take your MySpace page down because 12 you thought the government might subpoena it? 13 A. Incorrect. 14 Q. Hadn't your MySpace page been up for over 15 three months before you took it down? 16 A. Correct. But I also had made tons of 17 MySpaces over the last years. I just get tired of them 18 and delete them because drama and make new ones. 19 Q. We're going to talk about that. 20 So you deleted your MySpace page after you 21 were already under subpoena for this deposition, correct? 22 A. Correct. 23 Q. What about the MySpace page didn't you want 24 us to see,M 25 A. Nothing. 66 1 Q. Well, we're going to come back to MySpace 2 in a second. 3 A. You do that. 4 Q. I'm going to ask you some questions 5 about why you lie about your age so often, okay? 6 MR. LEOPOLD: Objection to the form. 7 Argumentative. 8 BY MR. TEIN: 9 Q. You lie about your age all the time, don't 10 you? 11 MR. LEOPOLD: Objection, argumentative. 12 THE WITNESS: Incorrect. 13 BY MR. TEIN: Page 56 HOUSE OVERSIGHT 012451-0929104.TXT 14 Q. You lie about your age to get body 15 piercings, don't you? 16 A. Incorrect. 17 Q. You have body piercings, don't you? 18 A. Yes. 19 Q. You have four body piercings; isn't that 20 right? 21 A. Five. 22 Q. Other than the pierceings on your ears -- 23 I'm not talking about that -- 24 A. Oh, then no; just one. 25 Q. And where is the one body piercing? 67 1 A. Belly. 2 Q. When did you get that? 3 A. For my birthday, with my stepmother and my 4 father. 5 Q. And when was that? 6 A. When I was 14. 7 Q. Okay. So you had that body piercing when 8 you met Epstein, correct? 9 A. It might have been, or maybe that -- yeah, 10 either my 14th birthday or my 15th. I honestly don't 11 remember. 12 Q. Now you've lied about your age to get into 13 bars by using driver's licenses that aren't yours, 14 correct? 15 A. Incorrect. 16 Q. Are you swearing under oath that you've 17 never done that? Page 57 HOUSE OVERSIGHT 012452-0929104.TXT 18 A. Yes, I swear under oath. 19 Q. And you've lied about your age to buy beer, 20 correct? 21 A. Incorrect. 22 Q. You're swearing under oath that you've 23 never lied to stores about your age? 24 A. I've never lied to a store about my age or 25 anything. 68 1 Q. 2 don't you? 3 4 5 6 7 Q. 8 one. 9 10 11 BY MR. TEIN: 12 13 14 15 16 17 18 BY MR. TEIN: 19 Q. 20 21 22 You try to look much older than you are, A. Incorrect. Q. And you've lied about your age on your MySpace pages, don't you? A. Incorrect. All right. Let's look at Exhibit 26-01 MS. BELOHLAVEK: 26-001? MR. TEIN: Yes. n t You? 0 I i ed- to everyone I, 4t400 Q. Let's go to Exhibit 33. MS. BELOHLAVEK: That's 33-001? TEIN: Correct. On this page you lied to everyone that you were 19, didn't you? A. Incorrect. MR. LEOPOLD: Just answer the question. Page 58 HOUSE OVERSIGHT 012453-0929104.TXT 23 THE WITNESS: Oh, incorrect. 24 BY MR. TEIN: 25 Q. Now you can explain your answer. 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 18? 25 A. I know that I have seen all of these and I know that this one is mine. Can you go down? MR. LEOPOLD: Just for the record, you're pointing to the photo. THE WITNESS: I'm pointing to -- BY MR. TEIN: 1§0mgootholgig VOW gOalt ORTORM )W: ggEPRP Q. That's yours, right? A. Correct. That's mine from a couple years ago that I have not been on base I don't use that. Please keep going down, please. And I think that's it, because there's no one --just that one is mine. Q. 4.0C 6COOMUTL- Ot.00401V A. V.OttOldt. yours, correct? NOW. AY§i Q. And when you wrote 18 as your age on your MySpace page, that was a lie, wouldn't it? A. Correct. Q. Did you lie about your MySpace page back then because you couldn't post on MySpace unless you were A. Correct. There was a rule many years ago Page 59 HOUSE OVERSIGHT 012454-0929104.TXT 70 1 that you had to be 18 to have a MySpace. 2 Q. So you lied about your age so you could 3 post on MySpace, right? 4 A. Yes. 5 Q. Let's go back to the top one on this page, 6 33-01. 7 8 Ilotim gth4g0t0t100 AI tôtifJ flow mid -01:01W-0 XY500g0g0A010110A 4.40AUW$AYW' ' " Ain'. • IbM0Y00:40iEhhOICK OMR: 13 14 Lox abbreviation for it says POEMODY 'post ':CbttOaCi Q. Now let's go back to the one that you were 15 pointing to before on this page, where it says your age 16 is 18 and you lied about your age to post MySpace, okay? 17 A. Uh-huh, yes. 18 19 20 Q. All right. Why did you finally put your true age on your MySpace profile four days before you morems0400010M ,:-.AtIfYg15.0ZOW 21 A. jAbn khOWOOWS0 taTROWoboorz, 22 MR. LEOPOLD: If you don't understand, ask 23 him to ask the question again. 24 MR. TEIN: Don't coach. 25 THE WITNESS: I don't know which MySpace 71 1 you're talking about. 2 BY MR. TEIN: 3 Q. The MySpace page that you're just pointing 4 to, where it says you were 18. Page 60 HOUSE OVERSIGHT 012455-0929104.TXT 5 A. Yes. 6 Q. AmtmtgAor 7 8 Q. 9 10 11 12 13 14 15 16 17 to. 18 19 20 21 22 23 24 25 ever bouTY0arovunglItZ Why did you finally post your true age on your MySpace profile -- A. Uh -- Q. -- four days before you were scheduled to testify before the Grand Jury? A. I honestly don't know which MySpace, because I've had like a bazillion MySpaces and in that year, I had two, that one and another one and that one's been deleted. So I don't know which one you're referring NdfiNtbffidffibdtgthWyMailft—dw WW§d&dit Your MySpace Page "'• oorAtuoi 1500. 0040001 NVITAW 1W 040nloty?: A. No. Q. You don't remember that. A. No. Q. Do you remember Detective Recarey? Did you meet a Detective Recarey? 72 1 A. I don't know the names. 2 Q. How many different detectives have you met 3 with on this case from Palm Beach? 4 A. Probably a good six or seven, maybe. 5 Q. Did one of the detectives tell you before 6 you testified in the Grand Jury that you should take your 7 MySpace age and put your true age? 8 A. No. Page 61 HOUSE OVERSIGHT 012456-0929104.TXT 9 Q. Didn't Detective Recarey have to come to 10 your house to pick you up to get you to testify in front 11 of the Grand Jury? 12 A. Possibly, maybe because I didn't have a 13 ride. I was only 14 or 15 at the time. 14 Q. Your mom didn't drive you? 15 A. No. 16 Q. Stepmom didn't drive you? 17 A. I think my dad. Oh, my dad / my dad drove 18 me. 19 Q. Your dad drove you? 20 A. Yes, sir. 21 Q. So your testimony is Detective Recarey did 22 not drive you, correct? 23 MR. LEOPOLD: Objection /asked and 24 answered. 25 THE WITNESS: No. I'm pretty sure my dad 73 1 drove me because he was there with me. 2 BY MR. TE1N: 3 Q. Did any detective tell you to change your 4 age on your MySpace page to put your true age? 5 6 7 8 9 12 13 A. No, sir. Q. Now you also lied on your MySpace page about your income, didn't you? A. Yes. And..yoti lied, sayir that104410000 APOtt0t0034 -m0104M Q. A. Yes. That was a lie, wasn't it? Page 62 HOUSE OVERSIGHT 012457-0929104.TXT 14 15 16 youa:lo Hod on your MSpace page impopv ..Vitor&MOVVIAd dfdtgt4b0Z 17 Ottta: 18 19 20 21 tape-recorded statement that you gave to Detective 22 Michelle Pagan three years ago, didn't you? 23 A. To my knowledge, no, I did not. 24 Q. Well, you lied to the police when you 25 accused Mr. Epstein of attempting to murder your father, And thatmight hve1eenag Q. A. Q. Now you also lie to the police, don't you? No. Well, you lied to the police in your 74 1 didn't you? 2 A. No. I never heard a statement saying that 3 Mr. Epstein tried to murder my father. 4 Q. You made that statement, didn't you? 5 MR. LEOPOLD: Do you have a statement to 6 show her? That's been asked and answered. 7 MR. TEIN: I'm sorry. I didn't hear the 8 witness' answer, Mr. Leopold. 9 BY MR. TEIN: 10 Q. you told the police, didn't you, 11 that Mr. Epstein almost killed your father, didn't you? 12 A. No. 13 Q. Three years ago, before Mr. Epstein even 14 knew about this investigation, you told the police that 15 Epstein had "already come to my dad's house and did 16 something to my dad's tires and my dad almost died. 1 17 didn't want my dad to get hurt, because Jeff already Page 63 HOUSE OVERSIGHT 012458-0929104.TXT 18 almost killed him." 19 Didn't you say that? 20 A. Not to my knowledge or recollection. I 21 have never said anything like that. 22 4tg 144WWWWWWDOOONCOMMOW . 23 Joo t vo.moie 24 A. Yeah. 25 Q. Because Mr. Epstein never came to your 75 1 dad's house, correct? 2 A. Correct. 3 Q. And no one who worked for Mr. Epstein ever 4 did something to your dad's tires. Did they? 5 MR. LEOPOLD: Objection. Lack of 6 foundation, predicate. 7 Don't guess. 8 BY MR. TEIN: 9 Q. Its not true that Mr. Epstein almost 10 killed your father, is it? 11 MR. LEOPOLD: Objection. Asked and 12 answered, lack of foundation, predicate. 13 BY MR. TEIN: 14 Q. You can answer. 15 A. No. 16 Q. Now you told the police that you didn't 17 know who was in the car with you and Hayley on the day 18 you went to Epstein's house, didn't you? 19 A. Yes. 20 Q. And that was a lie, wasn't it? 21 A. It's the truth. 22 Q. You told the police that there was someone Page 64 HOUSE OVERSIGHT 012459-0929104.TXT 23 in the car next to you and you specifically said you 24 didn't know her name, right? 25 A. Correct. I do not know her name. 76 Q. You said, "I don't know her name, but she 2 was dark like a Spanish girl." Those were your words, 3 right? 4 A. Yes. 5 MR. LEOPOLD: Objection. Asked and 6 answered. 7 BY MR. TEIN: 8 Q. Who was in the car that day with you and 9 10 A. Again, I do not know. 11 Q. It was your good friend 12 wasn't it? 13 A. No. I don't know a 14 Q. You lied to the police about who was in the 15 car with you and , didn't you? 16 A. Incorrect. 17 Q. Let me ask you some questions about who you 18 may have spoken to about this case. All right? 19 A. Go ahead. 20 Q. Did you speak to your sister.= 21 A. Not in detail, but of course she knows; 22 she's family and yes. 23 Q. What's her e-mail? 24 A. I don't think she has an e-mail. 25 Q. What is her phone number? Page 65 HOUSE OVERSIGHT 012460-0929104.TXT 77 1 A. Oh, gosh. I don't know off the top of my 2 head. 3 Q. And what is her home address? 4 A. She lives with my mom. 5 Q. In Georgia? 6 A. Yes, sir. 7 Q. What about 's boy friend Paul? Did 8 you speak to him about Epstein's case? 9 A. That's my mom's boy friend. My sister 10 doesn't have a boy friend. My mom's husband's name is 11 Paul, so maybe you get them confused. 12 Q. Do you know his phone number? 13 A. No. 14 Q. Where does he live? 15 A. With my mom. 16 Q. In the same house with her? 17 A. Yes. They're married. 18 Q. So not boy friend; husband? 19 A. Yeah, husband. 20 Q. Have you spoken to Brett about 21 what happened in Mr. Epstein's house? 22 A. Not in detail, but he knows the basics, 23 yes. 24 Q. What is his e-mail? 25 A. I don't know. 78 1 2 3 4 Q. What is his phone number? A. How is that relevant? Q. What is his phone number? A. Page 66 HOUSE OVERSIGHT 012461-0929104.TXT 5 Q. What is his home address? 6 A. I don't know. 7 Q. Where does he live? 8 A. In somewhere. 9 Q. Ever been to his house? 10 A. Yes. 11 Q. You don't know what his address is? 12 MR. LEOPOLD: Objection. Asked and 13 answered. She just said she doesn't know. 14 MR. TEIN: Don't coach. 15 MR. LEOPOLD: Objection. Asked and 16 answered. 17 BY MR. TEIN: 18 Q. You can answer the question. 19 A. I don't know the exact address. 20 Q. What street is it on? 21 A. It's an apartment complex; its not a 22 street. 23 Q. What's the name of the apartment complex? 24 A. 25 Q. What apartment number is it? 79 1 A. I couldn't tell you. 2 Q. When was the last time you went there? 3 A. Just visited this past weekend. That's the 4 first and last time I went there. 5 Q. How about Steven M? Have you spoken 6 to him about your case? 7 A. No. We no longer speak. 8 Q. What's his phone number? Actually, we Page 67 HOUSE OVERSIGHT 012462-0929104.TXT 9 10 11 already have his phone number room and e-mail. you ever How about Have spoken to her about your case? 12 A. I don't know an 13 Q. Have you ever met 14 A. No. But just to I et you know, I don' t 15 really know names. If you have pictures, of there faces 16 I could tell you. 17 18 Q. All right. Let me see if I can refresh your memory. 19 A. Okay. 20 Q. Does it refresh your memory that 21 is the other girl who made allegations about Epstein, but 22 23 refused to show to the Grand Jury when she had to testify about them under oath? 24 A. No, sir. I have no knowledge of any other 25 girls in this whole situation. We're not allowed to know 1 80 each other. 2 Q. I91I4figtA0Wutoa20 four..............................words, 3 A. mommbM4413bWOMt061010WOOW moom 4 5 Q. And what about ? Have you of met her? 6 A. No, sir. 7 Q. Let's see if I can refresh your memory on 8 her. She's the other person represented by your lawyer 9 10 Mr. Herman, who is suing Epstein for fifty million dollars. 11 A. I have no knowledge of her. 12 Q. Never met her? 13 A. Never met her. Page 68 HOUSE OVERSIGHT 012463were [eased on the Internet containing You . . . .. .. .. . . .. -0929104.TXT 14 Q. MI11111111111 15 A. I don't know who that is either. 16 Q. A person named Anthony who knows 17 Is that Tony 18 A. I don't know, sir. 19 Q. Do you remember making a statement to 20 Detective Pagan that's in the police reports? 21 A. No. 22 Q. Have you read the police reports in this 23 case? 24 A. Yes. 25 Q. They're on the Internet, right? 81 1 A. Yes, I think. 2 Q moroyarsomelo Rohouthomaii0ogre015.t0i 3 4 MbAt ACAORM 5 ...... Y.d 6 Q. You didn't want to see that happen, right? 7 A. No. 8 Q. So you're saying you don't know a Tony 9 IIIIIIIIIk 10 MR. LEOPOLD: Objection. Asked and 11 answered. 12 BY MR. TEIN: 13 Q. Does it refresh your memory that he was 14 somebody who had gone to jail for drugs and car theft? 15 A. No, sir 16 Q. Someone who knowsIIIIIII 17 A. No. Page 69 r statements HOUSE OVERSIGHT 012464-0929104.TXT 18 Q. You don't know if he met with Detective 19 Recarey? 20 A. No, sir. 21 Q. How about Zack=? 22 A. Yes, I remember. I know who that is. 23 Q. Did you ever speak to Zack about what 24 happened at Mr. Epstein's house? 25 A. He knows what happened four years ago. He 82 1 doesn't know this is still going on today. 2 Q. What's his address? I'm sorry. I have his 3 address. 4 A. I don't know. 5 Q. How about Nick 6 A. 7 Q. You know who that is? 8 A. I know who that is, yes. 9 Q. He's the one you stayed out drinking all 10 night one night last year when your dad reported you 11 missing? 12 A. No, sir. 13 Q. Remember the baseball game you were 14 supposed to go to? 15 A. No, sir. 16 Q. Did you speak to Nick about this 17 case? 18 A. No, sir. 19 Q. How about Patrick 20 A. That's my sister's ex-boy friend. 21 Q. He's the one with the sawed-off shotgun 22 with the obliterated serial number? Page 70 HOUSE OVERSIGHT 012465-0929104.TXT 23 A. Ask him. I would not know that 24 information. 25 Q. Did you speak to Patrick about this 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 case? A. No, sir. Q. Have you spoken to John about this case? A. No. I don't know who John is. Q. Did your parents speak to John? A. Ask my parents. Q. Let's see if I can refresh your memory as to who he is. Okay? A. Uh-huh. MOAWm; \iarity Fr reporter OWItigd60: txParmi0jagetWOOMOM. ..... OtENOW iiir.10)0§Orki;i0FiVIIMAR *.g!tiOt ails a 0 ke that they what ou know MilOWKWWW110 100 000ttfliki OPPAllgOMOO.Vt[44: iii Conr porter father don't know out thedi Q. your father? A. I don't even know he gave money to my dad. Q. I'm sorry? A. I didn't even know he gave money to my dad. ail How much money did John Connolly give to Page 71 HOUSE OVERSIGHT 012466-0929104.TXT 84 1 Q. What do you know about the deal that John 2 Connolly has with your father? 3 A. I only know they spoke on the telephone 4 once. I don't know anything else. 5 Q. When was that? 6 A. This was a while ago, a year or two or a 7 year ago. I honestly don't know. 8 Q. Did John Connolly the Vanity Fair reporter 9 offer any money to your father? 10 A. I don't know. 11 Q. Did John Connolly, the Vanity Fair 12 reporter, give you any money? 13 A. No, sir. 14 Q. Did he offer you any money? 15 A. No, sir. Never spoke to him. 16 Q. What reporters have you spoken to? 17 A. Zero. 18 Q. What about your family members? What 19 reporters have they spoken to? 20 A. The whole Palm Beach County, obviously, as 21 you can see in that newspaper. 22 Q. Tell me -- let's go through each one that 23 you remember. Other than the Vanity Fair reporter, John 24 Connolly, what other reporters have any member of your 25 family spoken to? 85 1 A. I don't know. And I know my mom has spoken 2 to zero. My sister spoke to zero. My father and 3 stepmother, I wouldn't know. You'd have to ask them. 4 don't contact them. Page 72 HOUSE OVERSIGHT 012467-0929104.TXT 5 Q. Well, I just want to know -- I don't want 6 you to -- I want to know what's in your mind? All right? 7 MR. LEOPOLD: She just told you. She just 8 answered -- 9 MR. TEIN: Be quiet. 10 BY MR. TEIN: 11 Q. What I want to know is what you know from 12 your personal knowledge. My opinion question to you is: 13 What knowledge do you have about family members of yours 14 speaking to reporters? 15 MR. LEOPOLD: Objection. Asked and 16 answered. 17 And if you can't talk professionally, we're 18 going to leave. 19 MR. TEIN: Do what you want to do. 20 MR. LEOPOLD: Are you going to continue to 21 talk this way? 22 MR. TEIN: I'm not going to answer any 23 question that you ask me, Mr. Leopold. 24 MR. LEOPOLD: Okay. 25 MR. TEIN: But you are misrepresenting the 86 1 record and you are grandstanding for your client 2 and it's wrong. So be quiet. And you know how to 3 make an objection. Make it. Otherwise stop 4 talking. 5 BY MR. TEIN: 6 Q. Saige -- 7 MR. LEOPOLD: Excuse me. 8 MR TEIN: If you want to leave the Page 73 HOUSE OVERSIGHT 012468-0929104.TXT 9 deposition, leave. But you'll be back here. 10 MR. LEOPOLD: Excuse me. If I could just 11 make the record, instead of interrupting me, 12 please, that's what we do professionally. There's 13 a recorder here. I'm certainly not being 14 obstructionist. I'm going to make the record. 15 But were going to act with some semblance of 16 professionalism, hopefully, by all parties in the 17 room. That goes to me, that goes to your 18 co-counsel sitting behind you and next to you, the 19 court reporter and everyone else in the room. 20 Everyone goes entitled to that. 21 You've asked a question. She answered the 22 question fully and she's not going to be harassed 23 because you don't like the answer. If you want to 24 follow up -- 25 MR. TEIN: Stop engaging me. Make your 87 1 speech and then we'll ask the questions. 2 MR. LEOPOLD: Well, you won't let me finish 3 making the objection, so it's difficult to do 4 that. But if you want to follow with an 5 appropriate question, feel free to do that. But 6 we're not going to harass the witness. 7 MR. TEIN: I disagree with everything 8 you've said. Let's ask the questions. Okay? 9 MR. LEOPOLD: Ask an appropriate question 10 MR. TEIN: Are you going to stop talking? 11 MR. LEOPOLD: I'm going to make -- protect 12 my client and make appropriate objection, but 13 there's not a question pending right now. Page 74 HOUSE OVERSIGHT 012469-0929104.TXT 14 BY MR. TEIN: 15 Q. has spoken to any reporters? 16 A. No. 17 MR. LEOPOLD: Objection. Asked and 18 answered. 19 BY MR. TEIN: 20 Q. Has been given money by any 21 reporters? 22 A. No. 23 Q. Has your mom spoken to any reporters? 24 MR. LEOPOLD: Objection. Asked and 25 answered. 88 1 THE WITNESS: No. 2 BY MR. TEIN: 3 Q. Has your mom's husband Paul spoken to any 4 reporters? 5 A. No. 6 Q. Has your mom's husband Paul received any 7 money from reporters? 8 A. No. 9 Q. Are you sure you don't know 10 MR. LEOPOLD: Objection. Asked and 11 answered. 12 THE WITNESS: I'm positive. 13 BY MR. TEIN: 14 Q. I'll try again to refresh your memory. 15 A. Okay. 16 Q. Does it refresh your memory that she had 17 been arrested for drugs and was cooperating with Page 75 HOUSE OVERSIGHT 012470-0929104.TXT 18 Detective Recarey against Epstein to get herself a better 19 deal? 20 A. No. I don't know who she is. 21 Q. Have you spoken to anyone else who's been 22 at Epstein's house? 23 A. No. 24 Q. Without telling me what was said -- I don't 25 want to know about any conversations with any lawyers, 89 1 okay -- 2 A. Uh-huh. 3 Q. -- did you or your parents speak to any 4 other law firms besides Mr. Herman and Mr. Leopold's law 5 firms? 6 A. No. 7 Q. Now without telling me about anything that 8 was said, what -- did one just come to mind? 9 A. No. I was thinking about something else. 10 Q. What were you thinking about? 11 A. Does family court matter? 12 Q. Okay. Without telling me what was said, 13 who prepared you for todays deposition? 14 A. What do you mean prepared? 15 Q. Did you talk about this deposition, about 16 what would happen, with anybody? 17 A. Yes. 18 Q. Don't tell me what was said? 19 A. Okay. 20 Q. I'm not asking that. I don't want to know 21 that. 22 A. Okay. Page 76 HOUSE OVERSIGHT 012471-0929104.TXT 23 24 25 1 2 Q. A. Q. A. Q. Who prepared you for today's deposition? Mr. Leopold. Anybody else? 90 No. When did you meet with Mr. Leopold to 3 prepare for today's deposition? 4 A. This morning. 5 Q. And how long did that meeting last? 6 A. Until it started. 7 Q. Now you told me that you previously had 8 read the police reports in this case? 9 A. Yes. 10 Q. Have you read your statement that you gave 11 to the police? 12 A. Yes, sir. 13 Q. And in what form was that statement? 14 A. What do you mean? 15 Q. Was it in the form of a police report or a 16 transcript? 17 A. What's the difference? 18 Q. A transcript has questions and answers on 19 it. A police report is just typed out narrative. 20 A. Oh, its a police report. 21 Q. And when did you read the police report? 22 A. A few days ago. I overread it a few days 23 ago. 24 Q. Had you read it before that? 25 A. No. Page 77 HOUSE OVERSIGHT 012472-0929104.TXT 91 1 Q. Now you told me -- again, I don't want to 2 know what was said. 3 A. Uh-huh. 4 Q. You told me that you met with Mr. Leopold 5 this morning to prepare for your deposition, right? 6 A. Yes. 7 Q. When did you set up that meeting with 8 Mr. Leopold to take place this morning? 9 A. Gee, like, like five days ago, four days 10 ago. 11 Q. So you're aware that Mr. Leopold told us 12 that he could not start the deposition this morning 13 because he had a court appearance, correct? 14 MR. LEOPOLD: Don't answer that question. 15 Calls for attorney/client communications. 16 BY MR. TEIN: 17 Q. Have you seen the letter that Mr. Leopold 18 wrote to us stating that he -- an e-mail that Mr. Leopold 19 wrote to Mr. Goldberger stating that he could not be here 20 this morning because healed a court appearance? Did you 21 see that e-mail? 22 MR. LEOPOLD: You can answer that question. 23 THE WITNESS: No. 24 BY MR. TEIN: 25 Q. Have you listened to your tape-recorded 92 1 statement to the police? 2 A. Yes. 3 Q. Where did you listen to that? 4 A. In, I think, this building. I don't know. Page 78 HOUSE OVERSIGHT 012473-0929104.TXT 5 It was here. 6 Q. When did you listen to that statement? 7 A. This morning. 8 Q. And who was present when you listened to 9 that statement? 10 A. Mr. Leopold -- and I forget your name. 11 MR. GOLDBERGER: Ms. Belohlavek. 12 THE WITNESS: Ms. Belohlavek. 13 BY MR. TEIN: 14 Q. And you hadn't listened to your statement 15 before that, correct? 16 A. No, sir. 17 Q. Have you met with lawyers representing 18 anyone else suing Epstein? 19 20 21 22 23 tW*404_ft_fddt4dAMVWALTAit —taTtidtH A. No, sir. Q. How -many times have you tOgOttIOOPO 'he Palm Beach partment? More KH„,,,ztafhtM A. 24 Q. When was the last time you spoke with 25 officers of the Palm Beach Police Department? 1 A. A while ago. I'd say a year ago. 2 Q. A year ago? 3 A. Yeah. Maybe a year and a half. 4 Q. Do you remember Detective Recarey? 5 A. No. 6 Q. Do you remember Michelle Pagan, Detective 7 Pagan? 8 A. Yes. Page 79 93 HOUSE OVERSIGHT 012474Appgmorammolgprommomono :9PORaft -'TtlatZ -0929104.TXT 9 Q. How many times have you spoken to Detective 10 Pagan? 11 A. She was the only one I spoke to about this 12 until for some reason she wasn't on the case anymore. 13 Q. When was that? 14 A. The first meeting I ever had was with her 15 and then I think like I met with her mgolp opow 0.2tz 16 MMO% d$OMOttar CO4t0OW 000, XOWTEV 17 18 Q. And who was that? 19 A. I don't remember. 20 Q. And what type of questions did they ask 21 you? 22 A. The same. 23 Q. The same questions all over again? 24 A. Basically. 25 Q. How many taped statements have you given to 94 1 the police? 2 A. One that I know of. 3 Q. Just the one with Detective Pagan? 4 A. Yes, sir. 5 Q. How about to the FBI? Did you give any 6 statements to them? 7 A. No. Well, actually. I don't really 8 remember if that was taped or not to be honest with you. 9 I had one meeting with them at my house and don't know if 10 it was taped. 11 Q. You were interviewed at 12 house? 13 A. No. That was by the lawyer. Page 80 HOUSE OVERSIGHT 012475-0929104.TXT 14 Q. Oh, boy the lawyer? 15 A. Uh-huh. 16 Q. Where did the conversation that you had 17 with the FBI take place? 18 A. At my father's residence. 19 Q. Which is where? 20 A. On Downers in Loxahatchee. 21 Q. On where? 22 A. Downers Road in Loxahatchee. 23 Q. And when did that take place? 24 A. I'd have to say like a year and a half ago, 25 a year ago. It was a long time ago. 95 1 (Discussion held off the record.) 2 MR. TEIN: Tell me the last answer, please. 3 (Thereupon, a portion of the record was read 4 by the reporter.) 5 BY MR. TEIN: 6 Q. And who was present when the FBI spoke to 7 you at your father's house? 8 A. My stepmother was there, but she wasn't 9 around. She made herself like do other things. 10 Q. And how many FBI agents were there? 11 A. I think four. 12 Q. And you don't remember any of their names? 13 A. No, sir. 14 Q. And were there any lawyers there? 15 A. Not that I know of. 16 Q. And none of them gave you their cell phone 17 numbers? Page 81 HOUSE OVERSIGHT 012476-0929104.TXT 18 19 20 21 22 23 24 25 A. No. 0. Anomigmou 90.40 ONOW1408A go? A. It was a while ago. MR. LEOPOLD: Objection. Asked and answered. BY MR. TEIN: Q. And the last time you spoke to the federal 96 1 prosecutor's office was when? 2 A. I don't know. 3 Q. Did any of the FBI agents tell you that 4 Marie Villafona had spoken with Mr. Leopold? 5 A. No. 6 Q. Did any of the FBI agents tell you that 7 Marie Villafona had spoken with Mr. Herman? 8 A. No. 9 Q. Did any FBI agents tell you that Jeff 10 Sloman spoke with Mr. Herman. 11 A. No. 12 Q. Did any FBI agents tell you that Jeff 13 Sloman spoke with Mr. Leopold? 14 A. No. 15 Q. Do you know whether any of the federal 16 prosecutors allowed Mr. Herman to review a draft 17 indictment? 18 A. I wouldn't know. 19 Q. Do you know if any of the federal 20 prosecutors discussed a draft indictment with Mr. Herman? 21 A. I wouldn't know. 22 Q. Have you ever e-mailed with any FBI agent Page 82 HOUSE OVERSIGHT 012477-0929104.TXT 23 or any federal prosecutor? 24 A. No. 25 Q. Have you ever text messaged with any FBI 97 1 agent or any federal prosecutor? 2 A. No 3 Q. Has the FBI told you about other testimony? 4 A. No. 5 Q. Has the FBI told you about what other girls 6 have said? 7 A. No. 8 Q. Have federal prosecutors told you what 9 other girls have said? 10 A. No. 11 Q. Do you have any way of getting in touch 12 with the FBI if you wanted to get in touch with them? 13 A. No. 14 Q. How about your parents? Do they know how 15 to get in touch with the FBI? 16 A. I don't know. 17 Q. And by your parents, I'm referring to both 18 sets, okay? 19 A. Oh. Well, I'm referring to only my dad, 20 because my mom really doesn't care to know any of this 21 stuff. 22 Q. So the answer would be the same for your 23 mom and Paul? 24 A. Yeah. - 25 Q. Have you spoken to a lawyer named Burt Page 83 HOUSE OVERSIGHT 012478-0929104.TXT 98 1 Ocariz about this case? 2 A. No. 3 Q. Do you know who Burt Ocariz is? 4 Let's see if I can refresh your memory. 5 Does it refresh your memory that he's a good friend of 6 Marie Villafona's boyfriend? 7 A. I don't know who Mari Villafona is. 8 Q. Marie Villafona is the lead federal 9 prosecutor that's on the federal part of this case. 10 Okay? 11 A. No. 12 Q. So does it refresh your memory that Ocariz 13 is the good friend of Marie Villafona's boy friend? 14 A. Not at all. 15 Q. Does it refresh your memory that Villafona 16 tried to get Epstein to pay for Ocariz to represent you 17 in the federal case? 18 A. No. 19 Q. Do you know if Detective Recarey has spoken 20 with your father? 21 A. No. 22 Q. Do you know if Detective Recarey has spoken 23 to your stepmother? 24 A. No. 25 Q. How about with amber? 99 1 A. Yes, I would know, and no, she did not. 2 Q. Let's put up -- let me ask you some 3 questions about the photo that you had posted on your 4 MySpace page before you erased it last week. Okay? Page 84 HOUSE OVERSIGHT 012479-0929104.TXT 5 6 7 8 9 10 11 12 13 14 15 16 BY MR. TEIN: 17 18 19 20 21 22 23 24 25 1 2 3 A. Okay. MR. TEIN: Do you mind if we close the door a second, please. MR. LEOPOLD: Exhibit number, please. MR. TEIN: Put up 25-005. Hold on a second. MR. LEOPOLD: Don't say anything. She was talking to her counsel. MR. TEIN: Put up 25-006. MR. LEOPOLD: Is that 005 right there? MR. TEIN: Yes. toOkl photo ou h a warehouse y.,!:;;;ogtoitfa. MR. LEOPOLD: Objection. Mischaracterizes the photograph, and lack of foundation and predicate. Fully explain if you need to. THE WITNESS: I will. First of all. Oft 2004A1W0P000$0.Z t6V6W IglgOP4W: Second of all, I'm not being gang-raped. Everyone has their clothing on. Thirdly, if you look at all the other 100 4 pictures in this album, I'm drinking -- what's 5 when you're sick you drink it? 6 BY MR. TEIN: 7 Q. You can't ask questions of your counsel. 8 A. All right. I'm drinking like Sprite. I'm Page 85 HOUSE OVERSIGHT 012480-0929104.TXT 9 note drinking any kind of alcohol, if you would look at 10 my other pictures in that album. You guys picked the 11 possibly worst pictures out of there to present. And it 12 was just a goofy picture. All of these kids like to be 13 goofy. And that's what we were doing. 14 Q. Who's the man on the left of the picture 15 holding his -- holding a beer bottle as if it were a 16 penis towards your mouth? 17 A. Steven 18 Q. Who's the man behind you, right up towards 19 your backs side, with you bent over? 20 A. That one? 21 Q. The right side, kissing with his mouth. 22 A. That's Nick 23 Q. He's the one grabbing towards the groin 24 area of Steven 25 A. Yes. 101 1 Q. And there's three other men in the photo. 2 What are their names? The one on the left with the hat? 3 A. That's Robbie (phonetic). 4 Q. Smiling? 5 A. Yes. 6 Q. Who's the one kissing -- 7 MR. LEOPOLD: Don't interrupt. Let her 8 finish the record. She's testifying. 9 MR. TEIN: I know you don't like this 10 picture, my friend. 11 MR. LEOPOLD: The picture is fine. 12 BY MR. TEIN: 13 Q. Who's the one with the hat? Page 86 HOUSE OVERSIGHT 012481-0929104.TXT 14 MR. LEOPOLD: No. Hold on. Stop, 15 You have to let the witness finish her 16 17 18 19 20 21 22 23 24 25 BY MR. TEIN: 1 Q. He's the one whose head is near the groin 2 of Steven , right? 3 A. Yes. 4 Q. And in the middle there's a man smiling. 5 Who's that? 6 A. That's Robbie 7 Q. Who's the one in the red hat, kissing? 8 A. Most Brandon (phonetic). 9 Q. Let me stop you for a second. Are you 10 done? 11 A. Yes, I'm done. 12 Q. Who is 13 A. My sister's friend. Well, she's a mutual 14 friend, but more my sister's. 15 Q. What is her last name? 16 A. 17 Q. Spell that. Page 87 answer. She was in the process of explaining and you cut her off. Please finish what you were saying and then Counsel can ask you whatever he wishes after that. THE WITNESS: Okay. This guy -- MR. LEOPOLD: Just make it so the record is clear who you're referring to. THE WITNESS: -- on the far left is John 102 HOUSE OVERSIGHT 012482-0929104.TXT 18 A. I don't know how to -- 19 Q. Have you spoken to her about this case? 20 A. No. 21 Q. Who's Vince? 22 A. My sister's friend. I don't really speak 23 to him at all. 24 Q. What's his last name? 25 A. 103 1 Q. 2 A. 3 4 case? 5 6 Q. And have you spoken to Vince about this A. No, sir. Q. Have you spoken to about this case? 7 A. Not in detail, but yes. 8 MS. BELOHLAVEK: Are we referring to 9 10 THE WITNESS: Yes. 11 MR. TEIN: Yes. 12 MS. BELOHLAVEK: Okay. 13 BY MR. TEIN: 14 Q. Have you spoken to Justin about this case? 15 A. Justin? 16 Q. Do you have a friend named Justin? 17 A. I do not have a friend named Justin. 18 Q. From freshman year? 19 A. No. 20 Q. How about In 21 A. No. 22 Q. Have you spoken to 1111 about this case? Page 88 HOUSE OVERSIGHT 012483-0929104.TXT 23 24 25 A. Q. A. No. What's her last name? . I don't know how to spell it? 104 1 Q. Is she the person whose house you went to 2 on New Year's this year? 3 A. No. I wasn't at her house on New Year's. 4 Q. Where were you when you took the picture of 5 Can you say blazed? That on your website? 6 A. I wouldn't know or -- wait. We were at a 7 birthday party for some girl's 16th birthday. 8 Q. Were you drinking at that party? 9 A. No. There was no alcohol or anything 10 there. 11 Q. What does "blaze" mean to you? 12 A. It's like -- it just means like messed up. 13 But we weren't, if you look at the picture. 14 Q. Messed up like drunk, right? 15 A. Sure. 16 Q. Who's 17 A. A girl I know like from like two years ago. 18 Q. She's the one you were supposed to be 19 staying with when you went drinking with Nick 20 A. No. 21 Q. What's 's last name? 22 A. 23 Q. Where does she live? 24 A. I don't know. In Royal Palm. 25 Q. Page 89 HOUSE OVERSIGHT 012484-0929104.TXT 105 1 A. Uh-huh. I'm guessing. 2 Q. Do you know her phone number? 3 A. No, I do not. 4 Q. Let's look at 25-010. 5 A. See, tin drinking -- 6 Q. I'm not asking you about what you're 7 drinking. 8 Who are the men in this photo who are 9 pretending to gang up on you and stab you with knives? 10 Who are they? 11 A. Nick and Brandon (phonetic). 12 Q. Are they firemen? 13 A. Are those? Steven -- he said the 14 two stabbing with knives. That's why I said that. 1 15 don't know. That's Steven and John 16 Q. Are these firemen? 17 A. No. They're all on -- except Steven, 18 they're all on full rights for football. 19 Q. Go to 025-015? 20 MR. LEOPOLD: 025- dash? 21 MR. TEIN: 015. 22 THE WITNESS: Gosh, that's so long ago. 23 BY MR. TEIN: 24 Q. Who took the photo have you licking the 25 penis? 106 1 A. My stepmother. 2 Q. Whose idea -- that was your stepmother's 3 idea? 4 A. It was in Buca di Beppo, where she works Page 90 HOUSE OVERSIGHT 012485-0929104.TXT 5 currently and that was before she worked there, and we 6 just thought it would be funny. 7 MR. TEIN: 19-007. Can you enlarge that? 8 BY MR. TEIN: 9 Q. Who took this photo of you simulating you 10 having sex with a man? 11 A. We're not simulating having sex, and 12 it's -- oh, and the person who took it was, I'm pretty 13 sure, Chris, but I know him as don't know his 14 last name. 15 Q. Go to 19-006, please. 16 Who took this photo of you simulating sex 17 with a man? 18 A. The same person. And we're not simulating 19 having sex, Mr. -- 20 Q. Tein. 21 Did you post that on the Internet? 22 A. Actually, this is an old MySpace I never 23 finished and I never like did anything. I just kind of 24 made it and left it. 25 Q. So the answer is yes, you posted this on 107 1 MySpace? 2 A. Yup. 3 Q. Go to 25-016. Who took this photo of you 4 simulating sex with a woman? 5 MR. LEOPOLD: Object to the form of the 6 question. Argumentative. 7 THE WITNESS: First off, she's piercing my 8 belly button or repiercing it, and I'm pretty sure Page 91 HOUSE OVERSIGHT 012486-0929104.TXT 9 it was just like we put up a camera somewhere and 10 put a timer on it. We didn't have anybody take 11 it. 12 BY MR. TEIN: 13 Q. You posted that on your MySpace page? 14 A. Yeah. 15 Q. Go to 25-013. Is that a photo of you? 16 A. Yep. 17 Q. Who's in the photo with you? 18 A. Steven. 19 Q. Steven =? 20 A. Yep. 21 Q. Is this you coming out of the shower? 22 A. Yes. 23 Q. Are you clothed in this picture? 24 A. Yeah. I have a halter dress on. 25 Q. Where is that picture taken? 108 1 A. In Steven's house. 2 Q. Did you post that on the Internet? 3 A. Yes. 4 Q. All right. 5 MR. TEIN: You can take that down. 6 BY MR. TEIN: 7 Q. Now your boy friend is Brett 8 correct? 9 A. Yeah. 10 Q. You lie about your age in order to conceal 11 something about your relationship with Brett 12 isn't that correct? 13 A. No. Page 92 HOUSE OVERSIGHT 012487-0929104.TXT 14 Q. Brett's 22 years old, isn't he? 15 A. Yes. 16 Q. And Brett is a firefighter with the Palm 17 Beach Fire Department, right? 18 A. Yup. 19 Q. Does the Palm Beach Fire Department know 20 that your boy friend is dating an underage girl? 21 A. Actually, Mister, it's legal. 22 Q. Well -- 23 MR. LEOPOLD: Just answer the question, 24 25 THE WITNESS: Yes. 109 1 BY MR. TEIN: 2 Q. Did they know two weeks ago that you were 3 dating an underage girl (sic)? 4 A. Yes. I met everybody in there. 5 Q. Did they know your age? 6 A. Yes. 7 Q. Did you lie about your age so that the fire 8 department wouldn't think that Brett is committing a 9 crime by having a sexual relationship with an underage 10 girl? 11 MS. BELOHLAVEK: Objection. Assumes facts 12 not in evidence. 13 BY MR. TEIN: 14 Q. You can answer the question. 15 A. No. 16 Q. Does the Palm Beach Police Department know 17 that Brett is having a sexual relationship with an Page 93 HOUSE OVERSIGHT 012488-0929104.TXT 18 underage girl? 19 MR. LEOPOLD: Don't guess. Answer if you 20 know. 21 THE WITNESS: Can you repeat the question? 22 BY MR. TEIN: 23 24 thowarom m4ormof 25 PogggROTOTOOVINAIW OWV. each DePartMent, WitmloIAJ::ioontoVOIAtfonsfo urttiorggg.z 110 1 AZ #000160A0B- 2 Q. You lie about your twin sister don't 3 you? 4 MR. LEOPOLD: Objection. Argumentative. 5 BY MR. TEIN: 6 Q. Don't you? 7 A. No. I have never lied for or to 8 Q. You lie about the fact that she has a s 9 drug habit, right? 10 A. No. I would never accuse my sister of 11 having a drug habit. 12 Q. Do you try to conceal the fact that she has 13 a drug habit? 14 MR. LEOPOLD: Objection. Argumentative. 15 BY MR. TEIN: 16 Q. You can answer the question. 17 A. No. My sister does not have a drug habit. 18 Q. You lied when you-went to the crack house 19 in Georgia, didn't you? 20 MR. LEOPOLD: Objection. Argumentative. 21 Lack of foundation, lack of predicate. 22 THE WITNESS: Never -- what did you say? Page 94 HOUSE OVERSIGHT 012489-0929104.TXT 23 BY MR. TEIN: 24 Q. You lied when you went to the crack house 25 in Georgia, didn't you? 111 1 MR. LEOPOLD: Objection. Argumentative. 2 Lack of foundation, lack of predicate. 3 BY MR. TEIN: 4 Q. You can answer the question. 5 A. I have never been to a crack house. 6 Q. Who don't you lie to? 7 MR. LEOPOLD: Objection. Argumentative. 8 Don't answer the question. 9 MR. TEIN: Certify it. 10 ..................CERTIFIED QUESTION.................. 11 BY MR. TEIN: 12 Q. You don't lie to , do you? 13 MR. LEOPOLD: Objection. Asked and 14 answered. 15 Don't answer the question. 16 BY MR. TEIN: 17 Q. No. You can answer that question. 18 MR. LEOPOLD: No. I just told her not to. 19 You've asked that question about five -- 20 MR. TEIN: No, I haven't. 21 MR. LEOPOLD: Don't answer the question. 22 MR. TEIN: I'll certify it. 23 ..................CERTIFIED QUESTION.................. 24 MR. LEOPOLD: For the record, you have to 25 stop interrupting me because she can't take down Page 95 HOUSE OVERSIGHT 012490-0929104.TXT 112 1 both of us talking at the same time. 2 BY MR. TEIN: 3 Q. You tell the truth, don't you? 4 A. Excuse me? 5 Q. You tell IIIIIIthe truth, don't you? 6 A. When it's -- yes, I tell the truth. 7 Q. Who's s drug dealer? 8 A. My sister does not have a drug dealer. She 9 lives in Georgia with my mother. 10 Q. Okay- MIVRINEWCWOI0010#EWW640§000 11 you and off at 5:45 a.m. in 2006, after being out 12 all night, the two of you, using drugs at Palm Beach 13 Country Estates where your father called the police? 14 A. VIM= 15 Q. He's the drug dealer? 16 A. He is a drug dealer. 17 Q. Do you remember was arrested by the 18 Palm Beach Police Department and taken to the Juvenile 19 Assessment Center that morning? 20 A. I do remember that. 21 Q. Now before you massaged Epstein, you were 22 involuntarily admitted into a juvenile educational 23 facility; isn't that right? 24 A. Did you say involuntarily. 25 Q. Yes. 113 1 A. No. I was willing to go. I -- duly said 2 sure. 3 Q. And you went there because you were lying 4 so much, no one could control you; isn't that correct? Page 96 HOUSE OVERSIGHT 0124917 8 9 -0929104.TXT 5 A. Very incorrect. 6 Q. Now you lie to your parents all the time, don't you? A. Incorrect. MR. LEOPOLD: Objection. Argumentative. 21 22 23 accused you of lying? 24 A. All the time. Sorry? Incorrect. IWO* AT400:14014W010 UoOmayo f4tbOta :00VA06 0400: 0$040 worwrootz A. Q. rcorromo You admitted to the police that you told 10 BY MR. TEIN: 11 Q. 12 A. 13 16 17 18 your father that you were going shopping, didn't you? 19 A. Yes. 20 SW Alla 004.M :OOP Q. And isn't it true that your father has 25 Q. Didn't your father throw you out of the 114 1 house Thanksgiving of this past year because you were 2 lying so much to him? 3 A. Yes, he did kick me out No, that's not 4 the reasons why. 5 Q. Didn't your father throw your sister 6 out of the house, too? 7 A. Yes. 8 Q. And he threw her out of the house the week Page 97 HOUSE OVERSIGHT 012492-0929104.TXT 9 after Thanksgivings, right? 10 A. I don't know the date, but sure. 11 Q. Sounds about right? 12 A. Sure. 13 Q. And the reason he threw her out of the 14 house was because she was lying, too? 15 MR. LEOPOLD: Objection. Lack of 16 foundation. Calls for speculation. 17 BY MR. TEIN: 18 Q. When your counsel coaches you, you say it's 19 correct, right? 20 A. I've never been coached. 21 MR. LEOPOLD: Objection. 22 BY MR. TEIN: 23 Q. Okay. When your counsel that it was there 24 was lack of foundation, you agree with your counsel, 25 right? 115 1 A. I was like saying, Yeah, let's move on, 2 because there was no point to asking that question. 3 Q. Your father threw out of the house 4 because she was lying, correct? 5 MR. LEOPOLD: Objection. Lack of 6 foundation. 7 Hold on, Let me just make the 8 objection. 9 Lack of foundation, predicate, calls for 10 speculation. 11 BY MR. TEIN: 12 Q. Answer. 13 A. I'm not my sister. I don't know. Page 98 HOUSE OVERSIGHT 012493-0929104.TXT 14 Q. I want to know what you know only. 15 A. I don't know. 16 Q. You don't know. That's your answer? 17 A. Yes. 18 Q. Now your parents filed the police report 19 regarding Mr. Epstein, right? 20 A. Yes. 21 Q. Now your parents are also lying, aren't 22 they? 23 A. Yes. 24 MR. LEOPOLD: Just so the record is clear, 25 the father -- because the mother was up north. 116 1 MR. TEIN: Don't testify, Counsel. 2 MR. LEOPOLD: So the record is clear, the 3 father -- the mother was -- 4 MR. TEIN: Counsel, don't coach and 5 testify, please. That's absolutely improper. 6 MR. LEOPOLD: You just asked the wrong 7 question. 8 MR. TEIN: You can't coach her that way and 9 you well know it. 10 MR. LEOPOLD: For the record, it's the 11 father. He's remarried, I think on his third 12 marriage. 13 MR. TEIN: You cannot -- it's absolutely, 14 totally against the rules and you know it. 15 MR LEOPOLD: The natural mother lives in 16 Georgia. 17 MR TEIN: You need to behave yourself, Page 99 HOUSE OVERSIGHT 012494-0929104.TXT 18 lawyer. 19 MR LEOPOLD: The natural mother lives in 20 Georgia. The father is here locally. 21 MR TEIN: Stop coaching. Stop talking. 22 You object. You know the rules. You just 23 lectured me about the rules, Counsel. So why 24 don't you play by the rules. Or only when they 25 fit you? Why don't you grandstand a little more 117 1 now. Give us a five-minute speech, Mr. Leopold. 2 MR. LEOPOLD: Are you finished, for the 3 record. 4 MR. TEIN: I'm not talking to you. Do what 5 you want. 6 MR. LEOPOLD: Don't say anything yet. 7 BY MR. TEIN: 8 Q. your parents -- 9 MR. LEOPOLD: Hold it. Don't say anything 10 yet. Let me -- 11 BY MR. TEIN: 12 Q. Your parents, who filed the police report 13 are also liars. 14 MR. LEOPOLD: Don't answer the question. 15 We're not going to answer until I make the record. 16 I want to put on the record, now that Counsel 17 appears to be finished with his comments for the 18 record, that the previous question was 19 inappropriate, was intentionally misleading. 20 Now you can ask the question. 21 BY MR. TEIN: 22 Q. Your parents, who filed the police report Page 100 HOUSE OVERSIGHT 012495-0929104.TXT 23 in this case, are also proven liars, aren't they? 24 MR. LEOPOLD: Same objection. 25 BY MR. TEIN: 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 frae? 17 18 19 •i DS 20 21 22 23 24 25 Q. Aren't your parents liars? MR. LEOPOLD: Calls for speculation. Lack of predicate. MR. TEIN: Stop coaching. You know what that is, Leopold. MR. LEOPOLD: Calls for speculation. Lack of foundation. THE WITNESS: When you say parents, my mom is not, but sure, yeah, my dad has been to jail for lying. BY MR. TEIN: YOWW4 CWOMt Mt$0111,0MIwo: 40000 EYMOVIPtg, a;••• Correct:':. W Did he tell you itEWEr 'fib40010 Q. foln$tootoglAwrovntolvwmofulanow POOOM AMM0400A IftgaMEMOOP t9XODEW stal Your laINSUlt neY aWaY ram vota Don't look to your lawyer for the answer. MR. LEOPOLD: You can answer if you know the answer to it. I have no idea. Page 101 HOUSE OVERSIGHT 012496-0929104.TXT 119 1 THE WITNESS: Yeah. 2 BY MR. TEIN: 3 Q. And your father filed a lawsuit, the first 4 lawsuit for fifty million dollars against Mr. Epstein 5 without consulting you, correct? 6 A.OttOtE 7 Q. And your father had a lawyer file the first 8 lawsuit on your behalf for fifty million dollars against 9 Mr. Epstein without your knowledge, correct? 10 A. Correct 11 Q. And you don't trust your father, do you? 12 A. Correct. 13 Q. And you believe he's trying to manipulate 14 you for his own gain, don't you? 15 A. Sort of. 16 Q. Well, you know that your mother filed a 17 statement, an affidavit, saying that you don't trust your 18 father and that you believe he's trying to manipulate you 19 for his own gain; isn't that correct? 20 A. Correct. 21 Q. You agree with that statement, don't you? 22 A. Uh-huh. Yes. 23 Q. Do you trust your stepmother? 24 A. My stepmother, no. 25 Q. You think she's also trying to steal your 120 1 Epstein lawsuit money away from you, don't you? 2 A. I would like to clarify something. You 3 keep saying my Epstein lawsuit money. I don't have any 4 money, and it's just a lawsuit at the moment. So I just Page 102 HOUSE OVERSIGHT 012497-0929104.TXT 5 don't trust her. 6 Q. Okay. You think that your stepmother is 7 trying to take advantage of this lawsuit to try to get 8 money from Mr. Epstein that belongs to you, right? 9 A. Yes. 10 Q. Did your stepmother tell you why she was 11 arrested? 12 A. No. 13 Q. Did your stepmother tell you that she's 14 ever been arrested? 15 A. No. 16 Q. Did she tell you she was arrested for 17 fraud? 18 A. Never. 19 Q. Did she tell you that she was fired from 20 21 A. No. 22 Q. Did she tell you that whe was fired from 23 for stealing? 24 A. No. 25 MR. TEIN: Let's take a break. 1 2 BY MR. TEIN: 3 121 (Thereupon, a recess was taken.) MfOtkar.PWAOW#MOSOPM000140Y.W .. . . .. . ....... ... . . 14$g904112 ?]- T Ak]• :j.wyoog, 40 IDAUFgemt4APTO Page 103 HOUSE OVERSIGHT 01249811 12 13 14 15 16 17 18 19 20 -0929104.TXT 9 A. Two. 10 Q. How old were they? A. Zack being one year older than me, and then the other person was two years older than me. Q. What was his name? A. Ryan Q. How old were you when you first had sexual intercourse? 4P 44* Q. How many -- before you met Epstein, how many different men had you had any type of sexual activity with? 21 la AtOtabg$03-0 22 Q. Are you saying you never kissed a man other 23 than those two? 24 MR. LEOPOLD: Objection to the form of the 25 question. 1 THE WITNESS: Yes, I had kissed people 2 before. 3 BY MR. TEIN: 4 Q. Before you met Epstein, had you ever had 5 oral sex? 6 A. No. 7 Q. Ever in your life, have you exchanged sex 8 for something of value? 9 A. No. 10 MR. TEIN: We're done. 11 THE WITNESS: Oh, okay. 12 MR. LEOPOLD: We'll read. 13 MS. BELOHLAVEK: I don't have any Page 104 122 HOUSE OVERSIGHT 012499-0929104.TXT 14 questions. Thank you. 15 MR. LEOPOLD: Before we go off the record, 16 it's my understanding -- Mr. Goldberger can 17 correct the record, but we have stipulated that 18 color copies of the documents that were identified 19 for identification certainly will be attached to 20 the deposition and counsel will be taking the 21 photographs across street so that they can be 22 laser color copied so that we have a copy, and I'm 23 assuming he'll get a copy to the court reporter, 24 too, to attach, actually a certified copy to the 25 deposition. 123 1 MR. GOLDBERGER: Done. 2 MR. LEOPOLD: That's if you agree to that. 3 If not, then I want to pull each one out and put 4 exhibit labels on them, which we should do before 5 we leave. 6 MR. GOLDBERGER: We're not going to do 7 either. I'll have copies sent to the court 8 reporter and she can attach them to the 9 deposition. 10 MR. LEOPOLD: So you're not going to agree 11 to what we talked about during the break then. 12 MR. GOLDBERGER: I'm not quite sure what 13 your asking me to do. Let me finish. 14 MR. LEOPOLD: Okay. Sure. That's fine. 15 MR. GOLDBERGER: Okay. If you want me to 16 go over to Ms. Belohlavek's office and make copies 17 and then I'll give those to the court reporter, Page 105 HOUSE OVERSIGHT 012500-0929104.TXT 18 fine. All I'm saying is that I would avoid that 19 process. I would send copies to the court 20 reporter. But if it will make you happier 21 MR. LEOPOLD: I'm not? 22 MR. GOLDBERGER: Let me finish. 23 MR. LEOPOLD: I'm not interrupting now. 24 MR. GOLDBERGER: But if it will make you 25 happier if I go over to Ms. Belohlavek's office 124 1 and make a copy of those photos that were part of 2 this deposition and then I'll give them to the 3 court reporter, I'll be happy to do it. 4 MR. LEOPOLD: I trust you implicitly, 5 however you with to do it. However, the 6 documents, before they leave this room, need to 7 have an exhibit sticky on them with the 8 appropriate -- 9 MR. GOLDBERGER: Want to go get some? We 10 don't have any. 11 MR. LEOPOLD: I will do that. Excuse me. 12 Let me finish the record, please. You can't do 13 that to the court reporter. She's going to stroke 14 out. You can't do that. You have to let me -- 15 MR. TEIN: Finish your sentence, Ted. You 16 are the most long-winded lawyer I've ever seen in 17 my life. Finish your sentence. 18 MR. LEOPOLD: Jack, tell him not to raise 19 his voice, please. 20 MR. TEIN: Finish your sentence. Is there 21 going to be a period at the end of the sentence or 22 is it just going to be comma after comma after Page 106 HOUSE OVERSIGHT 012501-0929104.TXT 23 comma? 24 Go ahead, lawyer. 25 MR. LEOPOLD: All right. The exhibits, I 125 1 can't prevent you from taking them, but I will 2 object and I will be bringing it to the court for 3 sanctions. You cannot take the exhibits out of 4 the room without them being marked. I want them 5 marked, because you cannot identify in the record 6 what was used. And with all due respect to 7 Mr. Goldberger, I do not -- the way this 8 deposition is going, I do not want to rely on 9 Counsel from Miami to mark the appropriate 10 exhibits. I will not do that. I cannot prevent 11 you from taking them. But if you do, I will be 12 bringing the matter to the court with appropriate 13 sanctions, because that is improper. That is 14 improper. When you use something in a deposition, 15 they are to be marked. And you have refused to do 16 that throughout for what ever reason. 17 MR TEIN: You're wrong. Finish your 18 sentence because you're talking about something 19 you have no idea. 20 Every single one is marked, Ted. Every 21 single one is already marked. But you want to 22 argue about everything. Ever single one is 23 already marked. Isn't that silly, Ted? 24 MR. GOLDBERGER: Thirty years of doing this 25 and I have never had an argument over this. Page 107 HOUSE OVERSIGHT 012502-0929104.TXT 126 1 MR. TEIN: You've made -- Ted, you are 2 obstructionist, you are a liar. You have lied and 3 misrepresented things, for the record. You are 4 grandstanding. 5 MR. LEOPOLD: You need to back up. 6 MR. TEIN: No, no. I'm going to finish. 7 MR. LEOPOLD: You can finish, but don't 8 hover over me. 9 MR. TEIN: No one is hovering over you. 10 Stop trying to make a lying record. 11 Let me say something else. 12 Don't you dare threaten me with sanctions, 13 after you lied in a letter to my co-counsel about 14 the fact -- be quiet. Be quiet and let me finish. 15 You lied in a letter to my co-counsel, 16 Mr. Leopold, in which you said -- it was a 17 complete and utter lie -- that you were 18 unavailable this morning because you had a 19 hearing. That was a lie. I have never seen each 20 lawyer deign to do something like that. 21 So you will get the ex -- be quiet Let me 22 finish. You behave. 23 MR. LEOPOLD: Don't point your finger at 24 me. 25 MR. TEIN: Listen. Be quiet and I won't 127 1 have a need to point it at you. 2 MR. LEOPOLD: Don't point your finger at 3 MR. TEIN: Mr. Leopold -- 4 MR. LEOPOLD: Don't point your finger at Page 108 HOUSE OVERSIGHT 012503-0929104.TXT 5 me. 6 MR. TEIN: Mr. Leopold, let me finish. 7 MR. LEOPOLD: Don't raise your voice 8 either. 9 MR. TEIN: Mr. Leopold 10 MR. LEOPOLD: Jack, do you want to take 11 care of this? 12 MR. TEIN: Let me finish my sentence. The 13 exhibits are marked. We are walking out of here. 14 You are someone who misrepresents the 15 record. It is absolutely atrocious what you do. 16 That is not how a lawyer should behave. This 17 deposition is over. You will get your exhibits, 18 Mr. Leopold. 19 MR. GOLDBERGER: I understand what you're 20 saying, Michael, and I understand Ted's position. 21 Just so there's -- we're going to have lots 22 offer issues in this case. We're going to have 23 lots of reasons to disagree. 24 I'm going to take it over now and I'm going 25 to make copies and I'm going to give them to 128 1 Ms. Consor. If you want to go find some exhibit 2 labels and put some exhibit labels on it, be my 3 guest. But that's what I'm offering to do. 4 THE WITNESS: Let me say two things, 5 because I am happy to always disagree and with 6 you, I have no problem; we could always do it 7 professionally. 8 I want to say two things so the record is Page 109 HOUSE OVERSIGHT 012504-0929104.TXT 9 very clear. Since for whatever reason I have not 10 been able to look at exhibits because they have 11 been refused to have been shown to me -- 12 MR. TEIN: That's a lie. 13 MR. LEOPOLD: Jack, if you represent that 14 the documents have the appropriate exhibit numbers 15 or some identifying markings, 25, 30.000, whatever 16 they may be, then you can take them, make copies, 17 send me a copy, make sure the court reporter gets 18 a copy and then send me a bill for my copy, that's 19 fine. I didn't know that they are marked that way 20 because I haven't been able to look at them. 21 MR. GOLDBERGER: They are barcoded and the 22 number that we've made reference to in the 23 deposition coincides with the barcoding. 24 MR. LEOPOLD: That's fine. Eight by eleven 25 color laser copies are fine. 129 1 MS. BELOHLAVEK: The State Attorneys Office 2 is not going to charge anybody for color copies I 3 print out. 4 MR. LEOPOLD: That's fine He's going to 5 take them back to his office . 6 Secondly -- and I will be more than happy 7 to do it, because it sounds like you all know more 8 about it than I, but I'm happy to get affidavits 9 from Mr. Pincus, Judge Stern, everybody else about 10 what happened with this hearing today, because I 11 12 13 know very little about it. But my representations are what they are. MR. GOLDBERGER: They stay -- Page 110 HOUSE OVERSIGHT 012505-0929104.TXT 14 MR. LEOPOLD: Let me just finish for the 15 record. 16 Representations or comments about what 17 happened, representation about this hearing this 18 morning, I know very little about it. I -- 19 MR. GOLDBERGER: I'll take your word on 20 that. 21 MR. LEOPOLD: No, no, no. I just put it on 22 the record. I will get an affidavit -- I'm 23 assuming it sounds like you need it -- from Mr. 24 Pincus. I have no clue about what happened and 25 why it was canceled. All I was told when I was 130 1 out of town yesterday was that the hearing this 2 morning was cancelled. 3 MR. GOLDBERGER: I'll take your word for 4 it. 5 MR. LEOPOLD: If you want an affidavit, 6 I'll get it for you. 7 MR. GOLDBERGER: It's a personal issue for 8 me because I had to disrupt a vacation and if it 9 was done just because it wasn't convenient for 10 you, then I'm offended by that. But if you're 11 telling me that it was planned and it didn't 12 happen, I'll take your word for it. 13 MR. LEOPOLD: I am more than happy to get 14 you an affidavit, because I don't know the reason 15 why it was canceled other than the fact that I'm 16 assuming since my deposition was taken for four 17 hours on Monday for preparation for the hearing Page 111 HOUSE OVERSIGHT 012506-0929104.TXT 18 today, for whatever reason it was canceled, I am 19 told it is being re-noticed. Why it was canceled 20 I have no idea, but if your co-counsel wishes an 21 affidavit to that effect from Mr. Pincus, I'm more 22 than happy to get it. But I don't know the reason 23 why it was canceled. 24 MR. TEIN: I don't need it. But what I do 25 take issue with is regardless of why it was 131 1 canceled, you owed us the courtesy of saying, you 2 know what? We can start earlier this morning. 3 MR. LEOPOLD: I owe you nothing 4 MR. TEIN: I don't care. Don't interrupt 5 me. 6 Because Jack canceled his vacation plans 7 because of you. 8 MR. GOLDBERGER: That's all right, that's 9 all right. 10 MR. TEIN: And you're selfish. And this 11 deposition is over. Good-by Mr. Leopold. 12 MR. GOLDBERGER: You can go off the record. 13 - - - 14 15 16 17 18 19 20 21 22 Page 112 HOUSE OVERSIGHT 012507-0929104.TXT 23 24 25 132 1 CERTIFICATE 2 - - - 3 4 The State of Florida, 5 County of Palm Beach. 6 7 I hereby certify that I have read the 8 foregoing deposition by me given, and that the statements 9 contained herein are true and correct to the best of my 10 knowledge and belief, with the exception of any 11 corrections or notations made on the errata sheet, if one 12 was executed. 13 14 15 Dated this _______day of___________________, 2008. 16 17 18 19 20 21 22 23 24 25 Page 113 HOUSE OVERSIGHT 012508-0929104.TXT 133 1 DATE: [!MONTH2] DATE2, 2008 2 TO: X 3 X X, Florida X 4 IN RE: CASENAME 5 CASE NO.: 2006 CF09454AXX 6 Please take notice that on Wednesday, the DATE1 of [!MONTH1], 2008, you gave your deposition in the 7 above-referred matter. At that time, you did not waive signature. It is now necessary that you sign your 8 deposition. A Please call our office at the below-listed 9 number to schedule an appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday. 10 AAs a professional courtesy, I am enclosing a condensed copy of your deposition transcript. 11 A As previously agreed to, the transcript will be furnished to you through your counsel. Please 12 read the following instructions: At Page A of the transcript, you will find 13 an errata sheet. As you read your deposition, any changes or corrections that you wish to make should be 14 noted on the errata sheet, citing page and line number of said change. DO NOT write on the transcript itself. 15 Once you have read the transcript and noted any changes, be sure to sign and date the errata sheet and return 16 these pages. You need not return the entire transcript. If you do not read and sign the deposition 17 within a reasonable time, the original, which has already been forwarded to the ordering attorney, may be filed 18 with the Clerk of the Court. If you wish to waive your signature, sign your name in the blank at the bottom of 19 this letter and return it to us. Very truly yours, 20 21 Judith F. Consor, FPR Consor & Associates Reporting and Transcription 22 1655 Palm Beach Lakes Boulevard, Suite 500 West Palm Beach, Florida 33401 23 I do hereby waive my signature: 24 25 SAIGE GONZALEZ 134 1 cc via transcript: JACK A. GOLDBERGER, Esquire LANNA BELOHLAVEK, Esquire 2 MICHAEL R. TEIN, Esquire file copy 3 4 Page 114 HOUSE OVERSIGHT 012509-0929104.TXT 5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 135 1 ERRATA SHEET 2 IN RE: CASENAME DEPOSITION OF: TAKEN: [IMONTH1] 3 DATE1, 2008 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE 4 PAGE # LINE # CHANGE REASON 5 6 7 8 Page 115 HOUSE OVERSIGHT 012510-0929104.TXT 9 10 11 12 13 14 15 16 17 18 19 20 21 Please forward the original signed errata sheet to this office so that copies may be distributed to all parties. 22 Under penalty of perjury, I declare that I have read my 23 [!TYPE] and that it is true and correct subject to any changes in form or substance entered here. 24 DATE:___________ SIGNATURE OF DEPONENT:_______________________________ 25 136 1 THE STATE OF FLORIDA, 2 COUNTY OF PALM BEACH. 3 4 5 I, the undersigned authority, certify that 6 personally appeared before me on the DATE1 7 of [IMONTH1], 2008 and was duly sworn. 8 9 WITNESS my hand and official seal this DATE2 10 day of [IMONTH2], 2008. 11 12 13 Page 116 HOUSE OVERSIGHT 012511-0929104.TXT 14 15 16 17 18 19 20 21 22 23 24 25 Judith F. Consor, FPR Notary Public - State of Florida 137 1 CERTIFICATE 2 The State Of Florida, 3 County Of Palm Beach. 4 5 I, Judith F. Consor, Court Reporter and Notary Public in and for the State of Florida at large, do 6 hereby certify that I was authorized to and stenographically report the [!TYPE] of 7 that a review of the transcript was not requested; and that the foregoing pages, numbered from 1 to A, 8 inclusive, are a true and correct transcription of my stenographic notes of said [!TYPE]. 9 1 further certify that said [JTYPE] was 10 taken at the time and place hereinabove set forth and that the taking of said [ITYPE] was commenced and 11 completed as hereinabove set out. 12 I further certify that I am not an attorney or counsel of any of the parties, nor am I a relative or 13 employee of any attorney or counsel of party connected with the action, nor am I financially interested in the 14 action. 15 The foregoing certification of this transcript does not apply to any reproduction of the same by any 16 means unless under the direct control and/or direction of the certifying reporter. 17 DATED this DATE2 day of [!MONTH2], 2008. Page 117 HOUSE OVERSIGHT 012512-0929104.TXT 18 19 20 21 22 23 24 25 Judith F. Consor, Court Reporter Florida Professional Reporter Page 118 HOUSE OVERSIGHT 012513TAB 14 HOUSE OVERSIGHT 012514sor &Associates Favor** gnfl Triamaipeoa, Page 1 THE STATE OF FLORIDA, COUNTY OF PALM BEACH. IN RE: JEFFREY EPSTEIN. SWORN STATEMENT OF Friday, March 21, 2008 4:00 p.m. - 4:20 p.m. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 Reported By: Judith F. Consor, FPR Notary Public, State of Florida Consor & Associates Reporting and Transcription West Palm Beach Office Phone - 561.682.0905 HOUSE OVERSIGHT 012515sor & Associates Page 2 1 APPEARANCES: 2 On behalf of the Defendant: 3 JACK A. GOLDBERGER, ESQ. ATTERBURY, GOLDBERGER & WEISS 4 250 AUSTRALIAN AVENUE SOUTH SUITE 1400 5 WEST PALM BEACH, FLORIDA 33401 561.659.8300 6 ALSO PRESENT 7 LILLY ANN SANCHEZ, ESQ. FOWLER WHITE, ATTORNEYS AT LAW 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ^ HOUSE OVERSIGHT 012516Statement taken before Judith F. Consor, Court Reporter and Notary Public in and for the State of Florida at Large, in the above cause. 5 Thereupon, having been first duly sworn or affirmed, was examined and stated as follows: THE WITNESS: I do. 10 BY MR. GOLDBERGER: 11 Q. Would you state your name for the record, 12 please. 13 A. 14 Q. Okay. 111111111 where do you live now? 15 A. Address? 16 Q. Sure. 17 A. 18 19 Q. Do you live there alone or do you live with 20 somebody there? 21 A. My father. 22 Q. Very good. And are you working now or not 23 working? Sometimes you work and sometimes you don't? 24 A. When I want to. 25 Q. Okay. And how old are you today? HOUSE OVERSIGHT 012517sor 87, Associates RoporringandTrawipifico, Page 1 2 3 4 5 6 A. Twenty-one. Q. Very good. What we're going to do today is we're going to take what's know as a sworn statement from you. And my court reporter just put you under oath. So all I want you to do is tell the absolute truth today. 7 A. Right. 8 Q. I don't want you to color what you're 9 saying in any way. Really, the only thing that will be 10 of any use to anyone is if you just tell the absolute 11 truth. 12 A. Right. 13 Q. So those are the instructions, okay? 14 A. Okay. 15 Q. All right. And sometimes -- I've been 16 doing this for a lot of years and sometimes I talk like a 17 lawyer too much, and if you don't understand what I'm -- 18 A. That's your job. 19 Q. I guess. But if you don't understand what 20 I'm saying at some point, just say, "Jack, say it in 21 English," and I'll make it better for you. Okay? 22 A. Okay. 23 Q. So tell me how you first met Jeffrey 24 Epstein. 25 A. introduced me to him. M,itIAL41A.V&Gt....*teut6t lt8.EAL,6514. HOUSE OVERSIGHT 0125185or & A55ociates ItApiatimg4a4 ThAuxoriptiva, Ltm. HOUSE OVERSIGHT 012519sor ez. Associates Rgyareng Page 6 1 Q. Okay. So as far as you understood it and 2 as far as what told you, you would be going over to 3 Mr. Epstein's house and just giving him a normal 4 therapeutic massage? 5 A. Right. 6 Q Okay. And I assume told you you would 7 be paid for it? 8 A. Yes. 9 Q Did she tell you how much you would be 10 paid? 11 A. Yes. Two hundred. 12 Q Okay. When was the first time that you 13 went to Jeffrey Epstein's house? Was it after you spoke 14 to Alex? 15 16 17 Mr. Epstein's house, that was in response to 18 talking to you in person. In other words, she said -- 19 you saw her somewhere, be it at the store that you worked 20 at or around the neighborhood, she said to you in person, 21 "Do you want to go over to Jeffrey Epstein's house?" 22 Right? 23 24 4 110n6000 A. Q. A. Yes. Okay. And the first time that you went to Oh-huh. HOUSE OVERSIGHT 012520sor & Associates R„tii.g.,41'reopwiption,, 1 3 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AdMtlitEtildblt tMA*IgigMR4IDO — hAPg2 P41Agi4AgOA yo.................................................................................................a text message ilk........................ j125t 5i11/ 040 Qne da said Q. over there? A. Yes. sgager' Perb Page 7 And I take it you said okay and you went Q. All right. Now at the time that you went over there, you were not yet 18, but you were almost 18? A. Yes. Q. You were within a couple of months of being 18 years old? A. Yes, I do believe so. Q. Okay. And what did tell you about if asked, how old you should tell anyone you were when you went over to his house? Was that a bad question? A. Repeat that. Q. Sure. Okay. 9.11 miC6;71 A Tasto,446=1 HOUSE OVERSIGHT 012521sor & Associates &wrens and Tromripfion,h. HOUSE OVERSIGHT 012522Page A. It was probably Jeffrey. I don't remember very clearly. :4441:1* 6 ,./.WAOWOOM#01Y0040401C WW2WiWORAn A. Yes. Q. Okay. Now the first time that you went to 10 Jeffrey's house did you give him a massage that day? 11 A. Oh-huh. 12 MS. SANCHEZ: Answer yes or no so the 13 record is clear. 14 THE WITNESS: Yes. Okay. 15 (Discussion held off the record.) 16 BY MR. GOLDBERGER: 17 Q. Okay. So you go to Jeffrey's house and you 18 meet him and you're going to do a massage that day, 19 right? 20 A. Yes. 21 Q ow were°16d ..... you were 22 _,.A04#4#k*$0.#00X 23 24 Q Yu OVO: tv-ored to do anything that you. 25 HOUSE OVERSIGHT 0125236 massage? Q. No one offered you any drugs to do a Q. No one offered you any alcohol to do a extg- 'Inmeo.sagetromn11 aaq ..................uybod HOUSE OVERSIGHT 0125243 Yes 1 2 7 8 sor St Associates Rzpartialg *ad Tipi, IITEL .114WgP 1-11 5 massag A. Right. Q. Okay. So did on cg Page 11 t.kROMAX OTift4YWI*OMO tell you what to expect 9 when you went there, as far as keeping your clothes on or 10 taking your clothes off? 11 A. She d oftt bit41V46' elMtE4 16 R. It was no problem. He wouldn't be upset. 17 Q. All right. So told you there would be 18 no pressure on you whatsoever? 19 A. Right. 20 21 'PDX A. Yes. 22 Q • wer 24 25 Q • And if you didn't want to do something, you All right. And in your experiences with HOUSE OVERSIGHT 012525&Dr &A5sociate5 .F.gpcstilog mai Trawiipdpao 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Page 12 Mr. Epstein, by the way, was there ever a time when that didn't play out, when he tried to force you to do something that you didn't want to do? e IleVer t gA MWO 7P0F4A0K#t §.. t4vot4h;ijtdv:0 Q. All right. Now the first time that you wont there do you remember whether you gave Jeffrey a massage with your clothes on or your clothes off? A. At the beginning, it was with all my clothes on. Q. Uh-huh. A. But the most that -- I mean I was still in my bra and panties. Q. Okay. The whole time? A. Yes. Q. Right. A. I'm pretty sure, yes. Q. Did you see during that massage -- did he try and touch you in any way during that massage? A. No. Q. Did he use any kind of device on you in any way during that massage? HOUSE OVERSIGHT 012526sor & Associates Tmaxoripfito, Page 13 1 A. No. 2 Q. Do you know he was wearing a rowel 3 through that massage? 4 A. Yes. 5 Q. Do you know whether he touched himself in 6 any way, his penis or anything like that, during the 7 massage? 8 A. Yeah, like towards the end. 9 Q. Okay. Do you know whether he masturbated? 10 A. Oh, my gosh. 11 Q. If you don't know, you don't know. 12 A. I mean probably, but I don't know. I can't 13 remember exactly. It was so long ago. 19 Q. Okay. There was nothing that you were 15 uncomfortable with in this massage? 16 A. No. Yeah. And like I said, he also, you 17 know, reassured if I wasn't comfortable with anything, 18 then just tell him and -- 19 Q. He would stop? 20 A. -- that would be the end of it. 21 Q. Okay. Now after that first time you met at 22 Jeffrey's house, you left. And did there come other 23 times that you went to Jeffrey's house? 24 A. Yes. 25 Q. And how would that occur? How would that HOUSE OVERSIGHT 0125271 happen? 2 3 4 5 6 7 8 9 10 dO opp, 11 12 13 14 15 r 16 17 18 19 tog aidfigt. 5or & Associates Rworang and TamaRiptiom, km. a04*t.Ata Page 14 gPDXIOW an _ ... J0E1104 .. ......... , ... . .. mgpg00ffigROMOt . . ma s5ag Q ep#1,1a'„ So would it be primarily that would call or would there be others? A. Most of the time. 24 Q er s stants, di rectlY? Okay. :goftera Amal4R: ,reC, A. Unless I didn't answer my phone. bn wcal #0:4441012iT ugge thcsé pt cu ma e ey hou PxgOMP14 '0U4uttaggm4R4P;P*g Kg: 0&-151eg.e*34g HOUSE OVERSIGHT 012528sor & Associates Roperdn and Trall4T109ia, 2 3 5... 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 YtEgV OlegVM, Paidt inn*004. Page 15 IT414*:0A#041-ASUW *416tt.J;ObARP...q.g- MAOtfW :t an hl Q - AftlAR Never, ever suggested, right? A. No. Q. Okay. The only thing that ever occurred on any of these phone calls was, "Are you willing to come over," or, "Would you like to come over and give a massage?" A. Q. *gnk A. Right. PY4M No. hdtimica. .VIONOXXXAY 00W4M Q. Okay. The phone call from or any other assistant would always -- it would be sporadic, right? They always said, "Jeffrey's going to be in town. Do you want to come over this afternoon at four o'clock?" A. Yeah, yeah. It wasn't -- Q. There was nothing regular about it? A. No. Q. Okay. Other than who else would have called you to ask whether you wanted to come over and HOUSE OVERSIGHT 012529cr & Amoriates Ropartin mxt Trmu give a massage? 2 Page 16 A. If it wasn't then I believe 11111111 3 maybe one other person I don't know the name of. Just -- 4 I mean it was mostly And I spoke to a time 5 or two. 6 Q. 7 Jeffrey's house after getting a phone call, you would go 8 and you'd go to give him a massage, right? 9 A. Yes. 10 Q. 11 massage that occurred? 12 A. It happened a few times. 13 Q. Okay. And the few times that it happened, 14 though, it was very sporadic and it was nothing that was 15 planned? 16 A. No way. 17 Q. It just occurred? 18 A. Right. 19 Q. So it wasn't like there was a phone call, 20 you know, "Today we want you to come over and do more 2/ than just a massage with Jeffrey"? 22 A. Right. 23 Q. When anything more occurred you'd be over 24 there and it would be totally voluntary on your part? 25 A. Yes; definitely consensual. XaSIOSING.....4.41,40214.0.1,....aixuar,a1444 Okay. Now when you would go over to And occasionally would there be more than a HOUSE OVERSIGHT 012530Yes. A. It was probably mostly -- maybe not, not particularly oral, but, ViiibbOth4OMAUMPtatiObit Q. Okay. So let's put it into perspective. You certainly never had intercourse with him, right? A. No. Q. And did you actually ever really have oral sex with him? A. Maybe once or twice. I barely even remember that. 1 Q. 2 than just sor & Associates Rwitveto* Trammip.ft, E. Page 17 1 Okay. Now when we're talking about more a massage, what sort of conduct are we talking 3 about that might have occurred? 4 5 6 7 a 9 10 11 12 13 14 Q. Okay. 15 A. I mean it was all just mostly -- 16 Q. I'm sorry. Mostly what? 17 A. Mostly like hand oriented. 18 Q. Okay. So on occasion you would touch his 19 penis with your hand? 20 A. It's happened a few times. 21 Q. Okay. And anytime that occurred it would 22 be totally voluntary on your part? 23 A. 24 Q 25 A.He wQuld nvr make me co anythi ' . . HOUSE OVERSIGHT 012531sor 8,t Associates 'Wolin =4 TrimoTiptiori, hi. Page 18 1 Q. And it would just be totally random and it 2 would occur during the moment? 3 A. Uh-huh. 4 Q. Okay. There was nothing that was planned 5 in advance concerning that? 6 A. No. 7 Q. And it didn't become every time you went 8 over there that would happen, right? 9 A. Yeah. No. 10 Q. No, no. I mean just you would go over and 11 give a massage one day and the phone call would be the 12 same, "Do you want to come over and give a massage," and 13 maybe -- 14 A. Yes. 15 Q. -- maybe another time you would get a phone 16 call, "Do you want to come over and give a massage," and 17 just because of the day it was or whatever was going on, 18 it may have gone a little further where they may have 19 been some touching, correct? 20 A. Right. 21 Q. And then the next time you could go over 22 there and it could have been a regular massage again, 23 right? 24 A. Uh-huh. 25 Q. Okay. So the point that I guess I'm trying -uw—ataratsontesagi cwa.alsaftate 1 HOUSE OVERSIGHT 012532sot- St Associates orgirat T1$4, tem 1 2 3 and give a massage," and you just assumed it would be to 4 go have sex? That was not the case? 5 A. No. 6 Q. Never, never, never, right? 7 A. Yes. 8 Q. All right. There were times when you would 9 be away and not be in Palm Beach and -- I mean you very 10 much thought that Jeffrey was your friend? You treated 11 him as a friend? 12 A. Yes, definitely. I felt that he was my 13 friend. 14 Q. And there were times when maybe you were 15 out of town and for whatever reason, you found yourself 16 in a situation where you needed some money, correct? 17 A. Yes. 18 Q. Okay. And you felt that the relationship 19 was such that you could call Jeffrey and it never had 20 anything to do with a massage or anything. You would 21 say, "Listen, I could use a couple of dollars. I have a 22 problem." 23 A. Yes. 24 Q. And would he ever hesitate to help you out? Page 19 to make was that there were never phone calls that would come to you and they would say, "Do you want to come over 25 A. No. HOUSE OVERSIGHT 012533sor & Associates R*peraganitTrotwriptitv,Inp. Page 20 1 2 listen -- he would talk to you about life and about -- 3 A. Yes. 4 Q. -- about what you wanted to do with your 5 life? 6 A. Yes. 7 Q. And he said, "If you ever find yourself in 8 trouble, you have a friend in me and you can give me a 9 call"? 10 A. Yes. 11 Q. Okay. If you had to guess -- and 12 recognizing that there can be no accuracy here -- if you 13 had to guess, how many times do you think you went over 14 to Jeffrey's house? 15 A. I would say at least five, less than ten. 16 Q. Okay. I think that's kind of a fair range. 17 And during those five to ten times that you 18 went there, was there ever anything uncomfortable, in 19 your mind, that occurred over at Jeffrey's house? 20 A. No. 21 Q. Okay. I know we've touched on this, but 22 just Lilly, the detail person, makes sure that we get 23 everything. After you met Jeffrey the first time did you 24 ever talk to him on the telephone about arranging a 25 massage or anything like that? Q. And in fact, did he not tell you that, HOUSE OVERSIGHT 012534sor & Associates TriLcd$, Page 21 1 A. No. 2 Q. Okay. And you never e-mailed him or 3 anything like that? 4 A. No, no. 5 Q. Never text-messaged him? 6 A. No. 7 Q. Okay. Now at times when you would go over 8 zo give a massage, Jeffrey, while he was getting the 9 massage, would be preoccupied doing a lot of things, 10 right? 11 A. Yes, very often. 12 Q. He was a busy guy? 13 A. Yes. 14 Q. He would be on the telephone talking Lo 15 folks while you were giving a massage? 16 A. Yes. Sometimes it would be just a massage 17 and he'd be pretty much doing business the whole time. 18 Q. Right. Certainly it wasn't sex or anything 19 like that? 20 A. No. 21 Q. He would be doing business and you'd be 22 massaging him? 23 A. Yes. 24 Q. Okay. Give me one second. 25 (Discussion held off the record.) A 1 HOUSE OVERSIGHT 012535sor &Associates pu.tfial5 gad Tomeliptiq'xi, 1 BY MR. GOLDBERGER: 2 Q. Page 22 3 Every time you went back to Jeffrey's house 3 you went back there because you wanted to, right? 4 5 A. Uh-huh, yes. Q. No one -- certainly Mr. Epstein never tried 6 to persuade you or induce you or entice you or coerce you 7 to engage in any kind of sex? 8 9 A. No. Q. And no one representing Jeffrey Epstein 10 ever tried to persuade or induce you to engage in sex? 11 12 A. No. AU right 'floAVVI AOgg4444CYOR. *64] 18 Q. Okay. 19 20 that. 21 '-otYgg0114APIC - aMAIA A. Like there was no ifs, ands or buts about Q. There was a time when there was a concert 22 or a show down in Fort Lauderdale and Jeffrey got you 23 tickets to go to that show because it was your birthday, 24 right? 25 A. Correct. HOUSE OVERSIGHT 012536sor & Associates Rffipsirlin ATP4 TIVitiM46-9A, 11114. HOUSE OVERSIGHT 012537sor As5ociate5 Rcipartiag sad nansuripdom, Tn. 1 2 Q. 3 questions, have you? 4 A. Yes. A. Yes. Okay. And you've understood all my Page 24 5 MR. GOLDBERGER: Okay. I thank you very 6 much for coming in today and it really made it 7 much easier for us to do it this way. So thanks a 8 lot. 9 10 concluded at 4:20 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Thereupon, the sworn statement was HOUSE OVERSIGHT 0125381 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -sor & Associates oportima 4114 Trasuiptivq, Page 25 THE STATE OF FLORIDA, ) COUNTY OF PALM BEACH. ) I, the undersigned authority, certify that personally appeared before me on the 21 of March, 2008 and was duly sworn. WITNESS my hand and official seal this 22nd day of March, 2008. Zia'AP4re 41 Judith F. Consor, FPR Notary Public - State of Florida 4 1 HOUSE OVERSIGHT 012539sot- & Associates RcrmingaTWMwmuiptiolOm 1 2 CERTIFICATE Page 26 The State Of Florida, ) 3 County Of Palm Beach. ) 4 5 I, Judith F. Consor, Court Reporter and Notary Public in and for the State of Florida at large, do 6 hereby certify that I was authorized to and did stenographically report the sworn statement of V that a review of the transcript was requested; and that the foregoing pages, numbered from 1 to 24, 8 inclusive, are a true and correct transcription of my stenographic notes of said sworn statement. 9 I further certify that said sworn statement 10 was taken at the time and place hereinabove set forth and that the taking of said sworn statement was commenced and 11 completed as hereinabove set out. 12 I further certify that I am not an attorney or counsel of any of the parties, nor am I a relative or 13 employee of any attorney or counsel of party connected with the action, nor am I financially interested in the 14 action. 15 The foregoing certification of this transcript does not apply to any reproduction of the same by any 16 means unless under the direct control and/or direction of the certifying reporter. 17 18 19 20 21 22 23 24 25 DATED this 22nd day of March, 2007. Judith F. Consor, Court Reporte Florida Professional Reporter gaftviiiirobrvidirtaturiaslalbluadiper.61 HOUSE OVERSIGHT 012540or & Associates Vollin age4 Tmagaiptilim, I. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite SOO - West Palm Beach, FL 33401. Paup 27 HOUSE OVERSIGHT 012541or & Associates it*NrCing 4414 ihmip(Tgn, Imo. Page 28 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 HOUSE OVERSIGHT 012542nsor .Associates Thainziptima, Page 2 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 HOUSE OVERSIGHT 012543sor & Associates wail Tramsliption, 411.1....107.11____________________________________ Page 30 uIIIIIIII.II.uI-j Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 HOUSE OVERSIGHT 012544TAB 15 HOUSE OVERSIGHT 012545nsor A5sociate5 parlirps... and. Immeripti:ca,laa: THE STATE OF FLORIDA. COUNTY OF PALM BEACH. IN RE: JEFFREY EPSTEIN, Page 1 CONTINUED SWORN STATEMENT OF March 26, 2008 6:05 p.m. to 6:22 p.m. South 86th Terrace West Palm Beach, Florida Reported By: Maria C. Powers, Notary Public State of Florida J. Consor & Associates West Palm Beach Office Phone 561.682.0905 Reporting & Transcription ORIGINAL Ph. 561.682.0905 - Fax. 561.682.1771 • " —1655"PaIM Beach Lakes Blvd.;-Silite 500 - West Palm Beath, FL 33401 ' HOUSE OVERSIGHT 0125467 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 nsor & Associate5 17-1,..tporgirnS n d TrIviscrirziva„ 1 APPEARANCES : 2 3 4 On Behalf of the Defendant: JACK A. GOLDBERGER, ESQ. 5 ATTERBURY, GOLDBERGER & WEISS 6 250 South Australian Avenue Suite 1400 West Palm Beach, Florida 33401 Page 2 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes BlVd., Suite 500 West-Palm Beath, FL 33401 HOUSE OVERSIGHT 012547nsor Atisociate5 g *port iTis :pn•ki TF,Inscrip inn . Ph. 561.682.0905 - Fax. 561.682.1771 1655 Pahl Beach Lakes Blvd., Suite 500 - West Palm Beach,-FL-33401' • HOUSE OVERSIGHT 012548nor A55ociate5 Tptrix4-1T.tigq, 1 2 3 4 5 6 7 8 9 BY MR. GOLDBERGER: 10 11 12 13 14 15 16 17 18 A Yes. 19 20 21 22 23 24 25 Page 4 Sworn Statement taken before Maria Powers, Court Reporter and Notary Public in and for the State of Florida at Large, in the above cause. Thereupon, having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION as you remember, my name is Jack Goldberger. I think we met last Friday, actually. You voluntarily came in and gave a sworn statement to me concerning your knowledge and your friendship with Jeffrey Epstein. I would like to very, very, briefly continue that statement today, and just focus on one area that we forgot to question you about last Friday. All I want you to tell me is the absolute truth here this evening. There's no right answer, other than the truth, okay? A Right. I haven't promised you or asked you to do anything, one way or the other, have I? A No. Ph. 561.682.0905 - Fax. 561.682.1771 — 1655 Pah Be'ath-Lakes BlVd.-;-Suite 500 - West Palm Beach, FL-33401 " • HOUSE OVERSIGHT 012549nsor Assocate5 . , ge'.11Prtirls -.9nd rm:ri,_10c. • - - • • • Page 5 1 Q So, we covered a lot of ground last time. 2 One area that I didn't ask you about is 3 contact that you've had with either the FBI or the U.S. 4 Attorney's Office, within the last two or three years. 5 Can you guess or estimate how many times 6 someone from the FBI or the U.S. Attorney's Office or 7 some other law enforcement agency, has attempted to 8 contact you in the last couple of years? 9 A I'd have to say -- well, maybe five or six 10 meetings with, and more than that with phone contact. 11 Let's try to break it down by meetings and 12 phone contacts. I think that would be the best way to 13 do it. 14 Of the actual meetings that you've had with 15 someone from law enforcement or from the U.S. 16 Attorney's Office, who do you remember being present at 17 those meetings? 18 A Nesbith was at all of them. 19 Q When we're talking about "Nesbith" we're 20 talking about an FBI agent by the name of "Nesbith 21 Kurkendall"? 22 A Yes. 23 Q And Nesbith was present at all those 24 meetings? 25 A Yes. Ph. 561.682.0905 - Fax. 561.682.1771 -1655. Pah Beath. Lakes'Blvd.;Suite- 500' •- West Pah-Reach-, FL 33401 ' HOUSE OVERSIGHT 012550-nsor & Associates •.., ,.. • Page 6 1 2 A The first one was a guy, I'm not sure of his 3 name. And then there's another one that had -- another 4 lady with the victim's rights. 5 Q She was victim's right representative? 6 A Yes. 7 Q We talked about a lawyer by the name "Marie 8 Villafona;" do you know whether she was present during 9 any of those meetings? 10 A I'm not sure of the name. 11 Q The first time that you met with Nesbith, 12 where did that take place? 13 A Here, in my backyard. 14 0 In your backyard, at your home in Western 15 Palm Beach County, right? 16 A Yes. 17 Q Did she announce to you that she was coming, 18 or did she just show up? 19 A She showed up. 20 Q Unannounced? 21 A Yes. 22 Q During that time, I assume that you told her 23 about your relationship with Jeffrey Epstein and any 24 contact you've had with him, correct? Q Okay, go ahead. 25 A Correct. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palen Beath-Lakes.B1\id., Suite 500 =West Palrn' Begth;R:33401 ' • -• HOUSE OVERSIGHT 012551nsor & A550cates - • gclprtimr... *!11•Tr;g3gripti;; Page 7 1 Q Did she tell you anything about whether you 2 were a victim in this case, or anything like that, at 3 that meeting? 4 A Yes, she said I was a victim/witness in this, 5 and that there's victim rights that I'm entitled to, 6 which include counseling and whatnot. 7 Q Did you tell her, at that time, that you 8 didn't feel that you were a victim at all, and that 9 anything that you've done with Jeffrey Epstein was 10 totally voluntary? 11 A Yeah, I did tell her that everything was, you 12 know, consensual with everything, and I don't agree 13 with anything that's going on. 14 Q Did she try and pressure you into being a 15 victim in this thing, when you were not a victim? 16 A I wouldn't say that she pressured me, but she 17 tried to be as convincing as possible. 18 Q Maybe the use of the word "pressure" is too 19 strong. But she was trying to change your opinion of 20 what the relationship was with Jeffrey? 21 A Yes, she was trying to make me feel bad about 22 it, in a way, about what was going on. 23 Q And you didn't feel bad about it, you felt 24 everything was okay, but she was trying to make you 25 feel bad, like something wrong had occurred? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm- Beath Lakes BlVd.','Suite 500 - West Palm Beath', FL 33401" " HOUSE OVERSIGHT 012552nsor Associates • Ita.pon:1112 iapd TF4-05criT•girpr.) 5716, • • Page 8 1 A Yeah. 2 Q How long did that meeting go on for? 3 A Probably about -- at least an hour. 4 Q When was the next time that you had contact 5 with Nesbith or someone else from law enforcement? 6 A I'm not sure, probably a month or later. I 7 mean, she probably called me and let me know that she 8 was going to -- you know, she wanted to meet sometime 9 soon, to deliver the victim's rights papers to me. 10 Q So there was a time, after you first met, 11 where, despite the fact that you said, I don't consider 12 myself a victim in this, she called you and said, I 13 want to bring you some paperwork that talks about your 14 victim's rights? 15 A Yes. 16 Q What was your response to her when she told 17 you that? 18 A I told her I would meet with her, 'cause she 19 wanted me to meet with the other woman involved. And 20 they gave them to me. 21 I took them, but I never really told them I 22 needed counseling or anything like that. 23 Q Where did that meeting take place? 24 A I believe it was Panera Bread in 25 Wellington. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm'Beach.Lakes Blvd., Suite 500 West"Palm Beach, FL 33401 " HOUSE OVERSIGHT 012553rt nsor & Assoaate5 RepprOng Page 9 1 She actually came and sought you out at a 2 restaurant? 3 A Well, I told her to meet me there. 4 Q Were you working there or were you just -- 5 A No, I was just there. 6 Q So she called you and said, I really, really 7 want to see you. And you said, if you want to see me, 8 meet me at Panera Bread? 9 A Yes. 10 Q Did you feel if you didn't meet her, she 11 wasn't going to go away, that you had to deal with 12 her? 13 A Well, I mean, it wasn't particularly that. I 14 knew that she was going to contact me because of this 15 case. Because, whether I want to be involved or not, I 16 have to be. 17 Q Okay. That's two meetings that I know of. I 18 think you indicated that, if you had to guess, there 19 were maybe a total of five meetings. 20 Are there other meetings that we haven't 21 talked about that occurred? 22 A Yeah, but they were very vague They weren't 23 anything of importance. And, I mean, it was just 24 her -- or of importance to me, anyway. 25 Q Would she call you and say, listen, I really, Ph. 561.682.0905 - Fax. 561.682.1771 ' .1655 Palm Beach Lakes-Blvd., Suite 500 - West"Pairn Beath; FL 33401 HOUSE OVERSIGHT 012554nsor & As5ociate5 Repo.rti-ps .4nAl Tmo.3,;:rivrAp,. rhrfc,,; Page 10 1 really, want to talk to you about being a victim or -- 2 A It wasn't always directly about being a 3 victim. And, every-time we talked, she would always 4 touch upon the fact that if I need any help or 5 so-on-and-so-forth, because I am a victim in this 6 case. 7 Q I assume, based on what you're telling me, 8 you continued to tell her, I'm not a victim? 9 A I just let her say what she said. I never 10 got counseling. But she knows from the beginning, and, 11 I continued to reassure her, that I don't feel that 12 way. 13 Q So, the first time you met with her, when you 14 spent about an hour with her and you went through all 15 your contact with Jeffrey, that's what occurred at that 16 meeting, and she talked to you about being a victim at 17 that meeting? 18 A Yes. 19 Q And then there was this second meeting, where 20 she brought a victim's rights person with her, and that 21 took place at Panera Bread, right? 22 A Yes. 23 Q And you had the same response, listen, you 24 think I'm a victim. You could give me the information, 25 but I don't need that information, right? Ph. 561.682.0905 - Fax. 561.682.1771 ' 1655 Pah Beach Lakes BlVd., Suite`500 -Vest Palm Beath, FL 33401— HOUSE OVERSIGHT 012555nsor & Associates Reef or0:1:1... 44p11.1.1,-Fin5sqiir4im, • . 1 2 3 Page 11 A Right, pretty much. And then there were some other contacts. Would she call you and want to talk to you 4 about the specific facts about the case? I mean, why 5 would she contact -- 6 A Yeah, I mean, just to re-question me about 7 certain things, because she wasn't sure that the 8 answers were -- 9 Were those in-person meetings? 10 A I mean, a lot of them were on the phone. I 11 mean, it wasn't very often that we would meet. 12 Q Was there any other time that you did meet? 13 We talked about two times that you actually 14 did meet, once here at your home and once at Panera 15 Bread. 16 Were there any other actual meetings, or did 17 the others occur on the phone? 18 A There were other meetings, but they were, 19 like I said, not really important. 20 Q Do you remember where they were that they 21 took place? 22 A They came to my job, I think, two times. 23 Q When you say "they" -- 24 A Well, it Nesbith the first time, and, the 25 second time, it was the David Copperfield investigators Ph. 561.682.0905 - Fax. 561.682.1771 ••••• • '1655•Pali-n--Bekh• Lakes BlVd.";Suite'500 -"West*Palm-Beach:FL3340•1"--'---- HOUSE OVERSIGHT 012556nsor & As5ociate5 ' PC151;fla,P44 71-7iP3Jari P4i,DAA.4-14,-, • ' ••••• • • • ••••• Page 12 1 with Nesbith. 2 Q Right. 3 So, the third time that you met with Nesbith, 4 she came to your job, and she wanted to talk to you 5 about more facts of the case? 6 A Ah-huh. 7 Q And, during that meeting, she also talked to 8 you about your rights as a victim again? 9 A Yeah, she always reassured me of my rights as 10 a victim. 11 Q Then there would have been a fourth time 12 we're talking about now, where there were investigators 13 from Washington coming down, concerning David 14 Copperfield, and Nesbith introduced them to you, 15 correct? 16 A Right. 17 Q I take it what you're telling me is that 18 Nesbith seized the opportunity to talk to you again 19 about being a victim, right? 20 A She always kind of comes out as asking if I'm 21 okay, and if everything okay. And if I ever need any 22 kind of help or anything, with -- you know, I could 23 always have help. 24 Q Did you continue to say, listen, I'm fine, 25 there's no issues here? 3 Ph. 561.682.0905 - Fax. 561.682.1771 Palhi.Bektitake't•BIVtl":,'SOite-500",, We8t-Palhi Beath, FL '33401 " HOUSE OVERSIGHT 012557nor & Msocates •• Rept-Ali:11:s l'-,7?..Tr.scripti,p, • 1 Page 13 A I just -- I mean, I was never pushy on it. I 2 just, like I said, she always knows. 3 I may not tell her every time, but she always 4 knows how I feel about this case. 5 Q Meaning? 6 A I don't need any-thing. 7 Q Meaning that you made it really clear to her 8 that you didn't need any help? 9 A Yeah, from the beginning, I was very, very 10 reassuring about how I felt about it. And I wasn't 11 very happy. 12 Q All right. I understand. 13 Now, we're about four contacts with 14 Nesbith your house, Panera Bread, work, the David 15 Copperfield investigators. 16 A Yes. 17 Q Were there any other meetings that we have 18 not spoken about? 19 A There may have been like one or two. But 20 they're -- I don't even remember. I mean, those are 21 the ones, like, that remember the most. 22 Q That you really remember, okay. 23 Now, were there other telephone calls that 24 occurred, where, kind of the same kind of conversation 25 would occur? You know, there's help for you and you'd Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach•LakOs Blvd:, Suita"500 West Palm'Reath, FL3340r' HOUSE OVERSIGHT 012558n5or & A55oclate5 - Rqpgrang,:and Tp.TperiptiaTi, 1p*: • • . Page 14 1 say, I'm really not a victim here? 2 A Like I said, I was, like, okay. You know, 3 she would always continuously tell me. I mean, but 4 every time, it was the same thing. 5 I mean I was never -- I mean, I was never 6 mean to any of them. I never gave anybody attitude 7 about anything. But, I mean, she knows that. She 8 knows how I feel. 9 Q I think what I hear you saying is that she 10 knows how you feel, and you made it clear to her from 11 the start, that you were not a victim? 12 13 because 14 15 me 16 17 18 Q Do you think that's what she was trying to 19 do, is try to convince you to change your attitude as 20 to how you felt? 21 A In a way, yes. 22 Q Is there anything else that we need to 23 discuss that we haven't talked about? 24 A No, I think that's mostly it. 25 Q I appreciate your courtesies once again for A Yeah, I mean, she pretty much, does it - that's what she has to do. She has to continue to tell me. And, you know, in a way, try to convince that I am a victim. I just let her say what's she's going to say, and, then, you know, okay, goodbye. Ph. 561.682.0905 - Fax. 561.682.1771 Lake's' Blvd:; Suit0"500 -'West-Palrn 'Betth; FL 33401- • •-• HOUSE OVERSIGHT 012559nsor & Associates -:--ZoparEing Dr 1".-rene.,c•cip.ti lo*, • . - . Page 15 1 seeing me one more time, and doing this voluntarily. 2 And, thanks so much for making yourself 3 available today. 4 A No problem. 5 Q That will do it -- actually, one more time. 6 Brittany, let me say one more time: 7 Everything you've told me here today is the 8 absolute truth, right? 9 A Yes. 10 Q I haven't tried to convince you to say one 11 thing, one way or the other, have I? 12 A No. 13 Q All right. That's it. Thank you very much. 14 (Thereupon, the sworn statement was 15 concluded at 6:22 p.m.) 16 17 18 19 20 21 22 23 24 25 Ph. 561.682.0905 - Fax. 561.682.1771 • " —1655 Pal'hi- B'each' Lake's Blvdr.,'Suite 500 -'West PaIrri BeathTFL 33401— ' ' ' HOUSE OVERSIGHT 012560nsor & A5soaate5 - - mid TEPISC‘Tiri.1-1M5 ..... , - Page 16 1 THE STATE OF FLORIDA 2 COUNTY OF PALM BEACH 3 4 5 6 I, the undersigned authority, certify that 7 personally appeared before me on March 8 26, 2008 and was duly sworn. 9 10 11 WITNESS my hand and office seal this 26TH day 12 of MARCH, 2008. 13 14 15 16 17 18 19 20 21 22 23 24 25 (.01A;L 6, if?4,40) Maria C. Powers, Court Reporter Notary Public - State of Florida My Commission No. DD149010 My Commission Expires: 9/10/10 Ph. 561.682.0905 - Fax. 561.682.1771 -1655'Palim Beach Lakes''Blvd:"aiite500'-'We'st Palm Rack FL 33:401"-- • HOUSE OVERSIGHT 012561, 1 1 nor & Associate5 Page 17 1 CERTIFICATE 2 3 The State of Florida County Of Palm Beach 4 5 6 I, MARIA C. POWERS, a Shorthand Reporter, State of Florida at Large, do hereby certify that 7 was by me first duly sworn to testify the whole truth; that I was authorized to and did 8 report said deposition in stenotype; and that the foregoing pages, numbered from 1 to 17 inclusive, are a 9 true and correct transcription of my shorthand notes of said deposition. 10 I further certify that said deposition 11 was taken at the time and place hereinabove set forth and that the taking of said proceeding was commenced 12 and completed as hereinabove set out. 13 I further certify that I am not an attorney or counsel of any of the parties, nor am I a 14 relative or employee of any attorney or counsel of party connected with the action, nor am I financially 15 interested in the action. 16 The foregoing certification of this transcript does not apply to any reproduction of the 17 same by any means, unless under the direct control and/or direction of the certifying reporter. 18 IN WITNESS WHEREOF, I have hereunto set 19 my hand this 26TH day of MARCH, 2008. 20 21 22 Maria C. Powers, Notary Public 23 In and for the State of Florida My Commission No. DD149010 24 My Commission Expires: 9/10 25 Ph. 561.682.0905 - Fax. 561.682.1771 • 1655 Pah' Beath" Lakes BlVd., Suite 500 West Palm Beath; 'FL33401 • • HOUSE OVERSIGHT 012562nsor Rft Associate5 --Repnrting 4:qui Tpinwriptipp., Page 18 Ph. 561.682.0905 - Fax. 561.682.1771 "'- 1655 Palm Beach' Lakes-BlVd."; Sult`500"--West Palrn Beach, FL 33401 • • '1 HOUSE OVERSIGHT 012563- ,1 nsor &..A55ociates our1 l'r;tri3c•ri•pti.tm, 1pc.: • r Pace 19 ' • Ph. 561.682.0905 - Fax. 561.682.1771 1655-Palm' Beath 'Lakes Blvd., Suite 500 - West Palm'Beath; FL-33401- ' ' HOUSE OVERSIGHT 012564, nsor Cl A550ate5 • , Page 20 Ph. 561.682.0905 - Fax. 561.682.1771 ''' • '" 1655'Palhl Beach 'LakeS 500'1'West 'PaIhrBeaCh,:FIL 33401 HOUSE OVERSIGHT 012565TAB 16 HOUSE OVERSIGHT 01256611/16/2006 16:31 FAX 5618021787 USAO IPPB FL ra 002 U.S. Department of Justice United States- Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 November 16, 2006 VIA FACSIMILE Lilly Ann Sanchez, Esq. Fowler White Burnett 1395 Brickell Ave Fl 14 Miami Florida 33131-3300 Re: Jeffrey Epstein Dear Ms. Sanchez: Thank you for your letter and voicernail. I will plan to direct all correspondence to you unless you provide other instructions. In turn, please direct all future communications with the Office to my attention. As I mentioned in my voicemail, Mr. Lewis stated that Mr. Epstein is willing to provide documents and information that we deem necessary to the investigation. I would appreciate if you would forward the documents and information listed below to my attention or, if you prefer, to Special Agent E. Nesbitt Kuyrkendall, Federal Bureau of Investigation, 500 South Flagler Drive, Suite 500, West Palm Beach, PL 33404. If you require a grand jury subpoena for any of the items, please let me know_ 1. Documentation related to the ownership of the property located at 358 Ell3rillo Way, Palm Beach, Florida, including the purchase agreement and any mortgages, liens, or other encumbrances. 2. Documentation related to the ownership of Gulfstream Aircraft N909JE, Model 01159B, and Boeing Aircraft N908JE, Model 727-31, including purchase information, lease agreements, liens or other encumbrances, and payments for maintenance and storage. 3. All documents and information provided to the Palm Beach County State Attorney's Office in connection with its investigation of Mr. Epstein. 4. Bank information, account numbers, bank statements and billing statements for any bank accounts and/or credit cards used by Mr. Epstein (or any of his employees) to pay for Mr. Epstein's personal expenses, from January 1, 20(04 to the present. 00269 HOUSE OVERSIGHT 01256711/16/2006 1631 FAX 5618021787 USA() WPB FL LIMAINSANCHEZ,ESQ. NovErva3ER.16, 2006 PAGE 2 OF 3 ZI003 5. Information and billing statements for any "land lines," cellular telephones, Blackberry units, e-mail addresses, webpages, or the like for Mr. Epstein and all of his personal assistants (including but not limited to and from January 1, 2004 to the present. 6. The computers, hard drives, CPUs, and any other computer media (ineluding CD- ROMs, DVDs, floppy disks, flash drives, etc.) removed from 358 El Brillo Way, Palm Beach, Florida prior to the execution of the search warrant at that premises in October 2005. 7. All calendars, diaries, and address books kept by Mr. Epstein and all of his personal assistants from January 1, 2004 to the present, including electronic calendars and address books, whether stored on computer, PDA, or cellular telephone. 8. For persons in his employ at any time from January 1, 2004 to the present, employment and/or separation agreements between Mr. Epstein (or his company) and his personal assistants, airplane pilots, personal chefs, and for anyone who worked at 358 El 13riLlo Way, Palm Beach, Florida. 9. The names and contact information of all persons who performed "massage services" for Mr. Epstein at 358 El Brillo Way, Palm Beach, Florida or at his residences in New Albany, Ohio, Little St. James, U.S.V.I., and New York, NY; and documentation of payments made to or gifts given to any such persons. 10. Wage and earnings statements and other tax documents for all individuals referenced in items (8) and (9), supra. 11. Mr. Epstein's tax returns for 2004 and 2005. 12. From January 1, 2004, to the present, flight manifests and passenger lists for travel via Gulfstream Aircraft N909.1E, Model G1159B and Boeing Aircraft N908JE, Model 727-31 (to the extent not already provided). 13. Documentation regarding any other interstate or international travel undertaken by Mr. Epstein from January 1, 2004, to the present, including but not limited to airplane tickets, ear rental records, and hotel receipts. After I have a chnce to review the documents, I will contact you to set up a time to interview Mr. Epstein. 00270 HOUSE OVERSIGHT 01256811/16/2006 16:32 FAX 5618021787 USAO WPB FL LILLY ANN SANCH R7, ESQ. Nova/mm.16, 2006 PAGE 3 OF 3 e 004 Thank you for your assistance with this matter, and I look forward to working with you and Mr. Lefcourt. By: Sincerely, R. Alexander Acosta United States Attorney A. Marie Villafaiia Assistant United States Attorney 00271 HOUSE OVERSIGHT 012569TAB 17 HOUSE OVERSIGHT 012570JUN-20-20e? 11:18 H)-44g (KCV. 6-2-90 FBI WEST PALM BEACH RA P.01 FBI FACSIMILE COVER SHEET PRECEDENCE El Immediate ID Priority El Routine To: William Riley CLASSIFICATION 0 Top Secret Time Transmitted: _________________________ El Secret Sender's Initials: jrr 0 Confidential Number of Pages: 5 I:1 Sensitive (including cover sheet) iili Unclassified Name of Office Facsimile Number: 954-905-4922 Attn: Name From: FBI Room Telephone Name of Office Subject Service of Federal Grand Jury Subpoenas Date: 06/20/2007 Special Handling Instructions: _______________________________________________________________________________________________________________ Originator's NalIle: SA Jason Richards Telephone: 561-833-7517 Originator's Facsimile Number: 5 61 - 8 33 - 7 979 Approved: _____________________________________________ Brief Description of Corarnunipation Faxed: Two subpoenas: 1) William Riley arid. 2) Custodian of Records, Riley Kiraly WARNING Information attached to the cover sheet is U.S. Government Property. If you arc not the intended recipient of this information, disclosure, reproduction, distribution, or use of this information is prohibited (I S.USC, § 641). Please notify the originator or the local FBI Office immediately to arrange for proper disposition. HOUSE OVERSIGHT 012571JUN-20-2007 11:18 FBI WEST PALM BEACH RR P.02 United States District Court SOUIHERN DISTRICT OF FLORIDA TO: Custodian of Records Riley Kiraly Comnoercial Center of Miatni 6155 NW 167th Street E-26 Miami, FL 33015 SUBPOENA TO TESTIFY BEFORE GRAND JURY Fog 07-103(WPB)No. OLY-64 SUBPOENA FOR: PERSON 12d DOCUMENTS OR OBJECVI YOU ARE HEREBY COMMANDED to appear and testifyhefore the Grand Jury ofthe United States District Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: July 10, 2007 l00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): TEE DOCUMENTS AND OBJECTS LISTED ON ATTACHMENT *Please coordinate your compliance with this subpoena and confirm the date, time, and location of your appearance 'with WA Nesbitt Kuyrkendall, Federal Bureau of Investigation-, Telephone: (561) S22-5946. ThiS subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. This subpoena is issued upon application of the U'led States of America •11":aet Applicable, cram "none: Name, Address and Phone Number of Assistant U.S, Attorney Alan Marie C. Villafst3,a, Assistant IJ_S..Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach, FL 33401-6235 Tel: (561) 820-8711 x3047. Pax: (561) 802-1787 Tdla used in Enn of AIM 10 FORM ORD-227 JAN.86 HOUSE OVERSIGHT 012572JUN-20-2007 11:19 FBI WEST PALM BERCH RA P.03 ATTACHMENT A SUBPOENA TO PAUL A. LAVERY 1. All computer equipment and electronic storage media removed from the residence located at 358 El Brill° Way, Palm Beach, Florida, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. 2. MI comptiter equipment and electronic storage media that currently belongs to, or has ever belonged to, Jeffrey Epstein, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. 3. All documents and information related to the nature of the relationship between Mr. William Riley and/or Riley Kiraly and Mr. Jeffrey Epstein, including, but not limited to, retainer agreements; employment agreements; billing statements (whether submitted directly to Mr. Epstein or to a third party for reimbursement); records of the dates when services were performed and the hours worked; telephone logs or records of dates of communications with Mr. Epstein (or with a third party on Mr. Epstein's behalf); appointment calendars/datebooks and the like (whether in hard copy or electronic form) for any period when work was performed on behalf of Mr. Epstein or when any communication was had with Mr. Epstein (or with a third party on Mr. Epstein's behalf); and records of fee arrangements and payments received for work performed on Mr, Epstein's behalf, HOUSE OVERSIGHT 012573JUN-20-2007 11:19 FBI WEST PALM BEACH RA P. United States District Court SOUTHERN DISTRICT OF FLORIDA ' TO: William Riley Riley Kiraly ComMercial Center of Miami 6135 NW 167th Street E-26 Miami, FL 33015 SUBPOENA TO TESTIFY BEFORE GRAND JURY FOJ 07-103(WPB)/No. OLY.-63 SUBPOENA FOR: PERSON Fl DOCUMENTS OR OBSECiTS1 X YOU ARE PIEREBY COMMANDED to appear and testify before the Qrand July ofthe United States District Court at the place, date and time specified below. P LACL.: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: • July 10, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following docinnent(s) or object(s): I tit. DOCUMENTS AND OBJECTS LISTED ON ATTACHNIENT A. *Please coordinate your compliance with this subpoena and confirm the date time and location of your appearance with S/A Nesbitt Kuyritendall, Federal Bureau of Investigation, Telephone: (61) 822-5946. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. This subpoena is issued upon application of the United States of America +Irmo( applicabk, owe "none." Name. Address and Phone Number of Assistant U.S. Attorney Ann Marie C. Villafalla, Assistant U.S. Attorney 500 Se. Australian Avenue, Suite 400 West Palm Beach, EL 33401_6235 Tel: (561) 8204711 x3047 Fax: (561) 302-1787 ToreI IgAl;)1111 FORM QR.I>2.27 JA1416 HOUSE OVERSIGHT 012574JUN-20-2007 1119 FBI WEST PALM BEACH RA P.05 ATTACHMENT A SUBPOENA TO PAUL A. LAVERY 1. All computer equipment and electronic storage media removed from the residence located at 358 El Brillo Way, Palm Beach, Florida, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. 2. All computer equipment and electronic storage media that currently belongs to, or has ever belonged to, Jeffrey Epstein, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. 3. All documents and information related to the nature of the relationship between Mr. William Riley and/or Riley Kiraly and Mr. Jeffrey Epstein, including, but not limited to, retainer agreements; employment agreements; billing statements (whether submitted directly to Mr. Epstein or to a third party for reimbursement); records of the dates when services were performed and the hours worked; telephone logs or records of dates of communications with Mr. Epstein (or with a third party on Mr. Epstein's behalf); appointment calendars/datebooks and the like (whether in hard copy or electronic form) for any period when work was performed on behalf of Mr. Epstein or when any communication was had with Mr. Epstein (or with a third party on Mr. Epstein's behalf); and records of fee arrangements and payments received for work performed on Mr. Epstein's behalf TOTAL P.05 HOUSE OVERSIGHT 012575TAB 18 HOUSE OVERSIGHT 012576U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 December 13, 2007 I am writing not to respond to your asserted "policy concerns" regarding Mr. Epstein's Non- Prosecution Agreement, which will be addressed by the United States Attorney, but the time has come for me to respond to the ever-increasing attacks on my role in the investigation and negotiations. It is an understatement to say that I am surprised by your allegations regarding my role because I thought that we had worked very well together in resolving this dispute. I also am surprised because I feel that I bent over backwards to keep in mind the effect that the agreement would have on Mr. Epstein and to make sure that you (and he) understood the repercussions of the agreement. For example, I brought to your attention that one potential plea could result in no gain time for your client; I corrected one of your calculations of the Sentencing Guidelines that would have resulted in Mr. Epstein spending far more time in prison than you projected; I contacted the Bureau of Prisons to see whether Mr. Epstein would be eligible for the prison camp that you desired; and I told you my suspicions about the source of the press "leak" and suggested ways to avoid the press. Importantly, I continued to work with you in a professional manner even after I learned that you had been proceeding in bad faith for several weeks — thinking that I had incorrectly concluded that solicitation of minors to engage in prostitution was a registrable offense and that you would "fool" our Office into letting Mr. Epstein plead to a non-registrable offense. Even now, when it is clear that neither you nor your client ever intended to abide by the terms of the agreement that he signed, I have never alleged misconduct on your part. The first allegation that you raise is that I "assiduously" hid from you the fact that Bert Ocariz is a friend of my boyfriend and that I have a "longstanding relationship" with Mr. Ocariz. HOUSE OVERSIGHT 012577JAY P. LEFKOWITZ, ESQ. DECEMBER 13, 2007 PAGE 2 OF 5 I informed you that I selected Mr. Ocariz because he was a friend and classmate of two people whom I respected, and that I had never met or spoken with Mr. Ocariz prior to contacting him about this case. All of those facts are true. I still have never met Mr. Ocariz, and, at the time that he and I spoke about this case, he did not know about my relationship with his friend. You suggest that I should have explicitly informed you that one of the referrals came from my "boyfriend" rather than simply a "friend," which is the term I used, but it is not my nature to discuss my personal relationships with opposing counsel. Your attacks on me and on the victims establish why I wanted to find someone whom I could trust with safeguarding the victims' best interests in the face of intense pressure from an unlimited number of highly skilled and well paid attorneys. Mr. Ocariz was that person. One of your letters suggests a business relationship between Mr. Ocariz and my boyfriend. This is patently untrue and neither my boyfriend nor I would have received any financial benefit from Mr. Ocariz's appointment. Furthermore, after Mr. Ocariz learned more about Mr. Epstein's actions (as described below), he expressed a willingness to handle the case pro bono, with no financial benefit even to himself. Furthermore, you were given several other options to choose from, including the Podhurst firm, which was later selected by Judge Davis. You rejected those other options. You also allege that I improperly disclosed information about the case to Mr. Ocariz. I provided Mr. Ocariz with a bare bones summary of the agreement's terms related to his appointment to help him decide whether the case was something he and his firm would be willing to undertake. I did not provide Mr. Ocariz with facts related to the investigation because they were confidential and instead recommended that he "Google" Mr. Epstein's name for background information. When Mr. Ocariz asked for additional information to assist his firm in addressing conflicts issues, I forwarded those questions to you, and you raised objections for the first time. I did not share any further information about Mr. Epstein or the case. Since Mr. Ocariz had been told that you concurred in his selection, out of professional courtesy, I informed Mr. Ocariz of the Office's decision to use a Special Master to make the selection and told him that the Office had made contact with Judge Davis. We have had no further contact since then and I have never had contact with Judge Davis. I understand from you that Mr. Ocariz contacted Judge Davis. You criticize his decision to do so, yet you feel that you and your co-counsel were entitled to contact Judge Davis to try to "lobby" him to select someone to your liking, despite the fact that the Non-Prosecution Agreement vested the Office with the exclusive right to select the attorney representative. Another reason for my surprise about your allegations regarding misconduct related to the Section 2255 litigation is your earlier desire to have me perform the role of "facilitator" to convince the victims that the lawyer representative was selected by the Office to represent their interests alone and that the out-of-court settlement of their claims was in their best interests. You now state that doing the same things that you had asked me to do earlier is improper meddling in civil litigation. Much of your letter reiterates the challenges to Detective Recarey's investigation that have HOUSE OVERSIGHT 012578JAY P. LEFKOWITZ, ESQ. DECEMBER 13, 2007 PAGE 3 OF 5 already been submitted to the Office on several occasions and you suggest that I have kept that information from those who reviewed the proposed indictment package. Contrary to your suggestion, those submissions were attached to and incorporated in the proposed indictment package, so your suggestion that I tried to hide something from the reviewers is false. I also take issue with the duplicity of stating that we must accept as true those parts of the Recarey reports and witness statements that you like and we must accept as false those parts that you do not like. You and your co-counsel also impressed upon me from the beginning the need to undertake an independent investigation. It seems inappropriate now to complain because our independent investigation uncovered facts that are unfavorable to your client. You complain that I "forced" your client and the State Attorney's Office to proceed on charges that they do not believe in, yet you do not want our Office to inform the State Attorney's Office of facts that support the additional charge nor do you want any of the victims of that charge to contact Ms. Belohlavek or the Court. Ms. Belohlavek's opinion may change if she knows the full scope of your client's actions. You and I spent several weeks trying to identify and put together a plea to federal charges that your client was willing to accept. Yet your letter now accuses me of "manufacturing" charges of obstruction of justice, making obscene phone calls, and violating child privacy laws. When Mr. Lourie told you that those charges would "embarrass the Office," he meant that the Office was unwilling to bend the facts to satisfy Mr. Epstein's desired prison sentence — a statement with which I agree. I hope that you understand how your accusations that I imposed "ultimatums" and "forced" you and your client to agree to unconscionable contract terms cannot square with the true facts of this case. As explained in letters from Messrs. Acosta and Sloman, the indictment was postponed for more than five months to allow you and Mr. Epstein's other attorneys to make presentations to the Office to convince the Office not to prosecute. Those presentations were unsuccessful. As you mention in your letter, I —a simple line AUSA — handled the primary negotiations for the Office, and conducted those negotiations with you, Ms. Sanchez, Mr. Lewis, and a host of other highly skilled and experienced practitioners. As you put it, your group has a "combined 250 years experience" to my fourteen. The agreement itself was signed by Mr. Epstein, Ms. Sanchez, and Mr. Lefcaut, whose experience speaks for itself. You and I spent hours negotiating the terms, including when to use "a" versus "the" and other minutiae. When you and I could not reach agreement, you repeatedly went over my head, involving Messrs. Lourie, Menchel, Sloman, and Acosta in the negotiations at various times. In any and all plea negotiations the defendant understands that his options are to plead or to continue with the investigation and proceed to trial. Those were the same options that were proposed to Mr. Epstein, and they are not "persecution or intimidation tactics." Mr. Epstein chose to sign the agreement with the advice of a multitude of extremely noteworthy counsel. You also make much of the fact that the names of the victims were not released to Mr. Epstein prior to signing the Agreement. You never asked for such a term. During an earlier meeting, where Mr. Black was present, he raised the concern that you now voice. Mr. Black and I did not have a chance to discuss the issue, but I had already conceived of a way to resolve that HOUSE OVERSIGHT 012579JAY P. LEFKOWITZ, ESQ. DECEMBER 13, 2007 PAGE 4 OF 5 issue if it were raised during negotiations. As I stated, it was not, leading me to believe that it was not a matter of concern to the defense. Since the signing of the Non-Prosecution Agreement, the agents and I have vetted the list of victims more than once. In one instance, we decided to remove a name because, although the minor victim was touched inappropriately by Mr. Epstein, we decided that the link to a payment was insufficient to call it "prostitution." I have always remained open to a challenge to the list, so your suggestion that Mr. Epstein was forced to write a blank check is simply unfounded. Your last set of allegations relates to the investigation of the matter. For instance, you claim that some of the victims were informed of their right to collect damages prior to a thorough investigation of their allegations against Mr. Epstein. This also is false. None of the victims was informed of the right to sue under Section 2255 prior to the investigation of the claims. Three victims were notified shortly after the signing of the Non-Prosecution Agreement of the general terms of that Agreement. You raised objections to any victim notification, and no further notifications were done. Throughout this process you have seen that I have prepared this case as though it would proceed to trial. Notifying the witnesses of the possibility of damages claims prior to concluding the matter by plea or trial would only undermine my case. If my reassurances are insufficient, the fact that not a single victim has threatened to sue Mr. Epstein should assure you of the integrity of the investigation.' 'There are numerous other unfounded allegations in your letter about document demands, the money laundering investigation, contacting potential witnesses, speaking with the press, and the like. For the most part, these allegations have been raised and disproven earlier and need not be readdressed. However, with respect to the subpoena served upon the private investigator, contrary to your assertion, and as your co-counsel has already been told, I did consult with the Justice Department prior to issuing the subpoena and I was told that because I was not subpoenaing an attorney's office or an office physically located within an attorney's office, and because the business did private investigation work for individuals (rather than working exclusively for Mr. Black), I could issue a grand jury subpoena in the normal course, which is what I did. I also did not "threaten" the State Attorney's Office with a grand jury subpoena, as the correspondence with their grand jury coordinator makes perfectly clear. With regard to your allegation of my filing the Palm Beach Police Department's probable cause affidavit "with the court knowing that the public could access it," I do not know to what you are referring. All documents related to the grand jury investigation have been filed under seal, and the Palm Beach Police Department's probable cause affidavit has never been filed with the Court. If, in fact, you are referring to the Ex Parte Declaration of Joseph Recarey that was filed in response to the motion to quash the grand jury subpoena, it was filed both under seal and ex parte, so no one should have access to it except the Court and myself. Those documents are still in the Court file only because you have violated one of the terms of the Agreement by failing to "withdraw [Epstein's] pending motion to intervene and to quash certain grand jury subpoenas." HOUSE OVERSIGHT 012580JAY P. LEFKOWITZ, ESQ. DECEMBER 13, 2007 PAGE 5 OF 5 With respect to Ms. Miller, I contacted her attorney - who was paid for by Mr. Epstein and was directed by counsel for Mr. Epstein to demand immunity - and asked only whether he still represented Ms. Miller and if he wanted me to send the victim notification letter to him. He asked what the letter would say and I told him that the letter would be forthcoming in about a week and that I could not provide him with the terms. With respect to Ms. Miller's status as a victim, you again want us to accept as true only facts that are beneficial to your client and to reject as false anything detrimental to him. Ms. Miller made a number of statements that are contradicted by documentary evidence and a review of her recorded statement shows her lack of credibility with respect to a number of statements. Based upon all of the evidence collected, Ms. Miller is classified as a victim as defined by statute. Of course, that does not mean that Ms. Miller considers herself a victim or that she would seek damages from Mr. Epstein. I believe that a number of the identified victims will not seek damages, but that does not negate their legal status as victims. I hope that you now understand that your accusations against myself and the agents are unfounded. In the future, I recommend that you address your accusations to me so that I can correct any misunderstandings before you make false allegations to others in the Department. I hope that we can move forward with a professional resolution of this matter, whether that be by your client's adherence to the contract that he signed, or by virtue of a trial. Sincerely, R. Alexander Acosta United States Attorney By: s/A. Marie Villafana A. Marie Villafaria Assistant United States Attorney cc: R. Alexander Acosta, U.S. Attorney Jeffrey Sloman, First Assistant U.S. Attorney You also accuse me of " broaden [ing] the scope of the investigation without any foundation for doing so by adding charges of money laundering and violations of a money transmitting business to the investigation." Again, I consulted with the Justice Department's Money Laundering Section about my analysis before expanding that scope. The duty attorney agreed with my analysis. HOUSE OVERSIGHT 012581TAB 19 HOUSE OVERSIGHT 012582vaA0110 (Rev. 04/07) Subpoena In Tcstify Before Grand Jury UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-10-3(WPB)-Tues. No. OLY-85/1 SUBPOENA FOR: ft PERSON lEr DOCUMENT(S) OR OBJECT(S) YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury of the United States District Court at the place, date, and time specified below. -pLiNicg United States District Court 701 Clematis Street West Palm Beach, Florida 33401 .COLRTR 00 M • " Grand Jury Room tiATEAND TIME 7/1/2008 10:30 am YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):. ALL DOCUMENTS AND INFORMATION REFERENCED IN THE ATTACHMENT TO THIS SUBPOENA. 0 Please see additional Information on ret,-,t This subpoena shall remain in elf behalf of the court. (By) Deputy clod( This subpoena is issued on application of the- CA a' • Irnol applicable. enla "none". p.rikbythe couk or by an-officet acting on. NAME; ADDRESS' AND PHONE NUMBER or ASSISTANT US. ATTORNEY Ann Marie C. Villafarla, Assistant U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401-6235 Tel: (561) 820-8711, ext 3047 HOUSE OVERSIGHT 012583ATTACHMENT TO GRAND JURY SUBPOENA OLY-85/1 ADDRESSED TO PLEASE BRING THE FOLLOWING DOCUMENTS, ITEMS, AND INFORMATION WITH YOU TO YOUR GRAND JURY APPEARANCE: 1. Any and all notes, letters, cards, gifts, payments, photographs, or other items that you have received from Jeffrey Epstein,__________________ Lesley Groff, Ghislaine Maxwell, and/or any other employee or associate of Jeffrey Epstein. 2. Any and all photographs, whether printed or digital, of Jeffrey Epstein, Lesley Groff, Ghislaine Maxwell, and/or any other employee or associate of Jeffrey Epstein. 3. Any and all c-mails, instant messages, chats, text messages, voicemails or telephone messages that you have sent to and/or received from Jeffrey Epstein, Lesley Groff, Ghislaine Maxwell, and/or any other employee or associate of Jeffrey Epstein. 4. A list of all telephone numbers (cellular and "land line"), e-mail addresses, screen names, addresses, and any other contact information that you have for the following persons during the period of January 1, 2003 to the present: a. yourself; b. Jeffrey Epstein; C. d. e. f. g. Lesley Groff; h. Ghislaine Maxwell; i. any person(s) who introduced you to Jeffrey Epstein and/or Ghislaine Maxwell; j. any person(s) whom you introduced to Jeffrey Epstein and/or Ghislaine Maxwell; k. any person(s) who communicated with you to arrange appointments to meet with Jeffrey Epstein and/or Ghislaine Maxwell. 5. Any billing statements for telephone service (cellular and "land line") for any telephone you used during the period of January 1, 2003 to the present. HOUSE OVERSIGHT 012584TAB 20 HOUSE OVERSIGHT 012585CONFIDENTIAL PLEA NEGOTIATIONS TERMS OF EPSTEIN NON-PROSECUTION AGREEMENT • Epstein pleads guilty (not nob o contendere) to an Information filed by the Palm Beach County State Attorney's Office charging him with: (a) lewd and lascivious battery on a child, in violation of Fl. Stat. 800.04(4); (b) solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03; and (c) engaging in sexual activity with minors at least sixteen years of age, in violation of Fl. Stat. 794.05. • Epstein and the State Attorney's Office make a joint, binding recommendation that Epstein serve at least two years in prison without any opportu • nity loi withholding acjudtcition ir sentencing, arid v 1 agrees to waive all challenges to the information filed by the State and the right to appeal. • Epstein agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and the subject matter. Epstein will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. • After Epstein enters his state court plea and is sentenced, the FBI and the U.S. Attorney's Office will close their investigations into violations of 18 U.S.C. §§ 1591, 2422, and 2423. HOUSE OVERSIGHT 012586FEDERAL SENTENCING GUIDELIN'ES CALCULATION (Using1NOvernher 1, 2004 Guidelines Manual): aôh count of §4 101, 24n(b) and 2423(b): Base Oftense Level under 761; 3 24 CiffensOmAwd::zexmltOtitadt: 20. Counts do not4i!..OWS:0-.005.1.0-vels...fOr.more than 5 .Ittiltai pursuantto..31DIA. Offense Level 3.1 Apply Repeat and D•angerous S Qx Offender against Minors enhanoetnent 2.:t 4B1.5 Total Offense Level 36 Asturning,criminalliisfory, Category 1, advisory guideline range is Y88 - 25 months with lifetime. superViaed-relead, HOUSE OVERSIGHT 012587TAB 21 HOUSE OVERSIGHT 012588IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring 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, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring 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 minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defmed in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 7 HOUSE OVERSIGHT 012589of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, 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(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 HOUSE OVERSIGHT 012590Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the .solicitation of 'mum 0 9-iigne m..prpstg-t#1,444 in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months, and six (6) months in c'iintv 'ail for all charges, without any opportumt for withholding idjudication!..6ii0 without rO.ation on community controJ in lieu•of (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information tiled by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 HOUSE OVERSIGHT 012591proposed agreements with the State Attorney's Office prior to entering into those agreements. '7. The TJnited States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defmed in 1:$J:T.S.C.: :2255. afterEpstein has signed this auppmenheensentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, .shall k0::gtis:tOini! Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District pfFlorida,oyer.4*,peyson and/or the subject matter, and Epstein individualup to an amount as, agreed to htWe the identified 1.: Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 HOUSE OVERSIGHT 012592sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office. to abide by any terms of this agreement.„ -Iiiti!AW4Nigii#06*iiiMitg*WHaii4a104:Attorne " best efforts to ensure compliance with these procedures which cinpI understandsstein tha 9.,00 and to use his 44cP;*(01 he ncccssary 0.00 Epstein also understands that it is.: efforts to IPPYMPe.the. Judge of the 15th Judicial Circuit to acce . recommendation,regarding.the sentence to be imposed, and understands that the *NM: todo •ation In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to Lesley Groff, or______________________ Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain. grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 HOUSE OVERSIGHT 012593By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney forthe Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. //I /// /// Page 6 of 7 HOUSE OVERSIGHT 012594By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated:_______________ By: Dated: 77a, Dated: Dated: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 HOUSE OVERSIGHT 012595By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated:________________ By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY Dated: Dated: Dated: JEFFREY EPSTEIN', RALD EFCOUR ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 HOUSE OVERSIGHT 012596By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNI1Ell STATES ATTORNEY Dated:_______________ By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: q--cA1J0.?"-- Z, ESQ. ATTORNEY FOR JEk FREY EPSTEIN Page 7 of 7 HOUSE OVERSIGHT 012597TAB 22 HOUSE OVERSIGHT 01259808/31/2007 13:03 FAX 5618021787 USA0 WFB FL Q002 US_ Department of Justice United States Attorney Southern District of Florida 500 4outh Australian Ave., Suite 400 Tfesr Palm Redd, FL 33401 (561) 6264711 August 31, 2007 DELIVERY BY FACSIMILE Ms. In care of Bruce Lyons, Esq. Lyons and Sanders 600 Northeast 3rd Avenue Fort Lauderdale; FL 33304 Re: Grand Jury Investigation—Confidential Dear This letter is an invitation for you to testify before a federal Grand Jury, and is supplied in order to provide helpful background information about the Grand Jury. The Grand Jury consists of from sixteen to twenty-three persons from the Southern District of Florida. It is their responsibility to inquire into federal crimes which may have been committed in this District. As a Grand Jury witness you will be asked to testify and answer questions under oath, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer- are permitted in the Grand Jury roorn while you testify.. . The U.S. Department of Justice encourages prosecutors to notify an individual in appropriate cases that he or she is a target of a grand jury investigation. Accordingly, you are hereby notified that you are a target of a federal grand jury investigation in the Southern District of Florida concerning suspected violations of federal law, including but not limited to, possible violations of Title 18, United- States Code, Sections 2, 371, 1512, 1591, 1952, 1956, 1960, 2421, 2422, and 2423. You are advised that the destruction or alteration of any document required to be produced:before the grand jury constitutes serious violation of federal law, including but.not limited to Obstraction of justice. A "target" is a person as to whom the prosecutors or the Grand Jury have substantial HOUSE OVERSIGHT 01259908/31/2607 13;04 FAX 5618021787 USA() WPB FL Ms. August 31, 2007 Page 2 epos evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutors, is a putative defendant. This letter constitutes an invitation to you to testify on your own behalf before the grand jury about matters under investigation. Of course, you are not required to appear before the grand jury. The decision whether to do so is a voluntary matter which is entirely up to you. The grand jury, if in fact it learns of this opportunity afforded to you, will be instructed not to draw any adverse inference from your failure to appear should you decide not to accept this invitation. You mustfurther understand that should you decide to testify, your testimony could be used against you if any criminal charges should be flied against you. Should you decide to appear before the grand jury, you will have the same rights and obligations as any non-immonized grand jury witness. Specifically, You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. You have the right to stop answering questions at any time. Anything you say maybe used against you at the grand jury or in a subsequent legal proceeding. The grand jury will permit. you a reasonable opportunity to ..stop . outside the grand jury room to consult with your attorney, if you so desire, at any point during the testimony you give, Please be further advised that the giving of false testimony before the grand jur3r will subject -you to a prosecution for perjury in addition to the violations set forth above. As a target of a grand jury investigation who has been asked to appear before the grand jury, you may wish to retain the services of an attorney. If you =not afford the services of independent counsel, the Court may be able to appoint Counsel to represent you. If you would like the United States to ask the Court to appoint an attorney to represent you, please contact the undersigned at 561 209-1047, The United States is investigating other individuals, and you may be interested in cooperating with the United States against those other targets. If you hire an attorney, or if the Court appoints one to represent you, that counsel can contact me to discuss that possibility. HOUSE OVERSIGHT 01260008/31/2007 13:04 FAX 5618021787 USAO WPB FL Ms. August 31,2007 Page 3 0004 Please advise me whether you wish to testify before the grand jury by close of business -Wednesday, September 12, 2007. If I do not receive notification from you or your counsel by this date, I will assume that you do not wish to testify before the grand jury. By: Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY A. Marie Villafana Assistant United States Attorney. HOUSE OVERSIGHT 012601TAB 23 HOUSE OVERSIGHT 01260208/16/2007 17:05 FAX 5618021787 IJSA0 WPB FL • U.S. Department of Justice United States Attorney Southern District of Florida rip 002 SOO South Australian Ave., Suite 400 West Palm Beach, Ft 33401 (561) 820-8711 . Facsimile: (561) 820-8777 August 16, 2007 VIA FACSIMILE Gerald Lefcourt, Esq. Gerald R Lefcourt, P.C. 148 East 78th Street New York, NY 10021 Re: Subpoena to Custodian of Records-NES. LLC Dear Mr. Lelbouri: I write in response to your letter of July 18, 2007 regarding the grand jury subpoena issued to the Custodian ofRecords for NES, LLC. Ihave attached an identical subpoena containing areturn date of September 11, 2007, and subpoenas for two NES employees, Eric Gany and Harry Beller. If you will not be representing Messrs. Gany and Beller, please let me know. First, as I mentioned in my earlier correspondence, a properly executed declaration from. the Custodian of Records is needed, and, if no documents responsive to a particular request exist, the Custodian should certify that under penalty of perjury. Second, you write that NES has no documents responsive to Requests 1 through 5. 'know that NES has several credit card accounts for the benefit of the persons who manage Mr. Epstein's properties, including Janusz Banasiak and Alfredo Rodriguez. I also know that NES regularly receives money from an account that is used to pay expenses at 358 El Milo Way and also wires money to that same account Those wire transfers fall within the time period called for by the subpoena and number in the hundreds of thousands of dollars. IfNES does not maintain records of its banking activities, then I would like to see a copy of its document retention policy, so I have added that to the Attachment to the Subpoena. Third, Mr. Manche's con:unent to you about potential money laundering charges related only to a resolution ofthe case. In other words, if the sex offense case is resolved, the Office would close its investigation into other areas as well The matter has not been, and it does not appear that it will be, resolved so the money laundering investigation continues, and Request Number 6 will not be withdrawn. The request is not overbroad and is stated with particularity, so please comply with the request by the new deadline. HOUSE OVERSIGHT 01260368/16/2007 17:06 FAX $618021787 USA() WPB FL 0003 GERALD LEMUR% ESQ. AuGUST 16,2007 PAGE 2 07 2 With respect to paragraph 7, the information provided regarding the pilots came from the corporate records of Hypezion and TEGE, Inc., not NES. However, I have provided a shorter list in the new subpoena attachment I also have enclosed another certification for the Custodian of Records' signature. Thank you again for your assistance. Sincerely, R. Alexander Acosta United States Attorney By: cc: E. Nesbitt Kuyrkendall, FBI (with enclosures) A. Marie Villafafia Assistant United States Attorney HOUSE OVERSIGHT 0126044/1642007 17:06 FAX 5618021787 US.A0 WPB FL tOO4 TO: Custodian of Records NES, LLC United States District Court SOOTIMRNDISTRTCT OF FLORIDA SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)/No. OLY-6,5/2 SUBPOENA FOR: Fcl PERSON )M DOCUMENTS OR OBJECT[SI YOU ARE HEREBY COMMANDED to wear a:ad testifybefore the Grand Jury ofthe United States District Court at the place, date and lime specified below. , • PLACE' United States District Courthouse 701 Clematis Street West Palm Beaob, Florida 33401 ROM- Grand Jury Room DATE AND TIME: September 11, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): THE DOCUMENTS AND OBJECTS LISTED ON ATTACHMENT A. *Please coordinate your compliance with this subpoena and confirm the date, time, and location of your appearance with S/A Nesbitt Xnyrkendall, Federal Bureau of Investigation, Telephone: (561) 827-5946. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. plot August 16, 2007 This subpoena is issued upon application of &el/njied States of America Name, Address and Phone Number of Assistant U.S. Attorney Arm Marie C. Villaffia, Assistant U.S. Attorney 500 So. Australian Avemie, Suite 400 West Palm Beach, FL 33401-6235 Tel: (561) 820-8711 x3047 Fs= ($61) 802-1787 *it not applitable, ma "nom." Tunh,i of A0110 FORM ORD-227 JAN.86 HOUSE OVERSIGHT 01260508/16/2007 17:06 FAX 5618021787 USA° WPB FL 005 ATTACIEVIENT TO SUBPOENA OLY-65/2 YES, LLC • 1. • For the period of January 1, 2003 to the present, all calendars, agendas, daily diaries, or other records of appointments, travel, meetings and the lac, kept by or on behalf of Jeffrey Epstein, Lesley 'Groff, and/or ____________________ This request includes information that is kept in physical "hard copy" and/or electronic form, whether stored on a personal computer, database server, cellular telephone, "Blacicberrj" unit, personal digital assistant ("PDA'') or other handheld electronic device, or in any other electronic form, and all metadata included within the electronic/physical files. 2. For the period of January 1, 2003 to the present, all address books, contact lists, or other records of names, telephone numbers, addresses, and/or e-mail addresses kept by or on behalf of Jeffrey Epstein, Lesley Grog and/or___________________ This request includes information that is kept in physical "hard copy" and/or electronic form, whether stored on a personal computer, database server, cellular telephone, "Blackberry" unit, personal digital assistant ("PDA") or other handheld electronic device, or in any other electronic form; and all metadata included within the electronic/physical files. 3. For the period of January 1, 2003 to the present, all e-mails, instant messages, text messages, meeting invitations, and any other electronic Communication sent by Jeffrey Epstein, Lesley Groff; and/or to Jeffrey Epstein, Lesley Groff, and/or This request includes information that is kept in physical "hard copy" and/or electronic form, whether stored on a personal computer, -database server, cellular telephone, "Blackberry" unit, personal digital assistant ("PDA") orother handheld electronic device, or in any other electronic form, and all metadata included within the electronic/physical files. 4. For the period of January 1, 2003 to the present, all documents and information referring or relating to the transfer of funds to or from any account owned by NES, LLC to or from any bank account used for the maintenance of the property located at 358 El Brill° Way, Palm Beach, Florida, or for the payment of any person working at 358 El Brillo Way, Palm Beach, Florida. Page 1 of 2 HOUSE OVERSIGHT 012606. .08/16/2007 17:07 FAX 5618021787 U521.0 WPB FL Q006 5. For the period of January 1, 2003 to the present, all documents and information referring or relating to the transfer of funds to or from any account owned by NES, LLC to or from any bank account on which Janusz Banasiak and/or Alfredo Rodriguez had or has check-writing authority and/or access to via debit/ATM card. 6. For the period of January 1, 2003 to the present, all documents and information referring or relating to the transfer of fund to or from any account owned by NPS, LLC to or from any account owned by JEGE, Inc., Jeffrey E. Epstein, Hyperion Air, Inc., Financial Trust Co., New York Strategy Group, Inc., J. Epstein Virgin Islands Foundations, Inc., and/or Epstein Interests. 7. For the period of January 1, 2003 to the present, the names of all employees and all corporate directors, board members, and shareholders. 8. For the period of January 1, 2003 to the present, copies of all W-2s and/or 1099s for the following persons: Jeffrey Epstein, Lesley Grog Janusz Banasiak, Alfredo Rodriguez, Harry Beller, and Erie T. Gany. Any and all document retention and/or destruction policies_ • Page 2 of 2 ; HOUSE OVERSIGHT 012607O8/161Z007 17:07 FAX 5618021787 USA() WPB FL 0007 UNITED STATES DISTRICT COURT SOO:0ERN DISTRICT OF FLORIDA IN RE FEDERAL GRAND JURY SUBPOENA OLY-65/2 ADDRESSED TO NES, .LLC •-•- ••• •• • • • CERTIFICATION REGARDING DOMESTIC RECORDS OF REGULARLY CONDUCTED ACTIVITY tb.e undersigted, ... -- declare that I am employed by NES, LLC in the position of______________________________________ and, by reason ofmy position, am authorized and qualified to make this declaration. I. In my employment with NES, LLC, I am familiar with the business records it maintains. 2. I certify that the records attached to this certification: (a) (b) (c) were made at or near the time of the occurrence of the matters set forth therein, by or from information transmitted by, a person with knowledge of those matters; were kept in the course of regularly conducted business activity, and were made by the regularly conducted activity as a regular practice. " • 2. Among the records so maintained are the attached records itemized in Appendix A (Document Inventory). 3. I further certify that the documents attached hereto are responsive to Grand Jury Subpoena 65/2 served upon NES, LLC. Page 1 of 2- HOUSE OVERSIGHT 01260808/16/2007 17:07 FAX 5618021787 USA0 WPB FL - :OW 4. I further certify that NES, LLC has no documents responsive to request number(s) _____________. in Grand Jury Subpoena number 65g. [Fil1 in or strike out as appiopriate.] Pursuant to 28 § 1746, I declare under penalty of pednry that the foregoing information is true and correct Executed this . day of, • Awe cifeiectition:_________________________________________ Signature Page 2.of -2 , HOUSE OVERSIGHT 012609not applicable, cater "nonC." 08/10/2007 17:07 FAX 5618021787. tiSA0WPB FL ral 000 ._ TO: HARRY BELLER NFS, LLC United States District Court SOUTHERN DISTRICT OF FLORIDA • SUBPOENA TO TESTIFY BEFORE GRAND JURY For 07-103(WPB)/No. OLY-75 SUBPOENA FOR: n PERSON in DOCUMENTS OR OBJECT[S] YOU ARE HEREBY COMMANDED to appear and testifybefore the *Grand Juryoftbe United States District Court at the place, date and time specified below. • _ -PLACE: United States District Courthouse • 701 Clematis Street ROOM: Grand Jury Room West Palm Beach, Florida 33401 DATE AND TIME: September 11, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following docuront(s) or object(s): *Please coordinate your compliance with this subpoena_ and confirm the date, time, and location of your appearance with S/A Nesbitt Knyrkendall, Federal Bureau of Investigation, Telephone: (561) 822-5946_ This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. This subpoena is issued upon application of the United States of Amcrica. Name, Address and Phone Number of Assistant U.S. Attorney Ann Marie C. 'Meats", Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach, FL 33401-6235 Tel: (561) 820-8711 x3047 1704 (50) 802-3787._ - tvbraxdbirraiorAOIRt ' FORM ORO-227 JAN.86 HOUSE OVERSIGHT 01261008/16/2007 17:07 FAX 5618021787 USA0 ll'FB FL on • TO: ERIC G.ANY NBS, LLC • United States District Court SOUTIIERN DISTRICT OF FLORIDA SUBPOENA TO TESTIFY BEFORE GRAND JURY PGJ 07-103(WPB)/No. OLY-76 SUBPOENA FOR: Fic PERSON DOCUMENTS OR OBJECT[S] YOU An HEREBY COMMANDED to appear and testify before the Grand Jury ofthe United States District Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 42:0614! Grand Jury Room DATE AND TIME: . September 11, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you. the following document(s) or object(s): *Please coordinate your compliance with this subpoena and confirm the date, time, and location of your appearance with S/A Nesbitt Kuyrkendall, Federal Bureau of Investigation, Telephone: (561) 822-5946. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. (BY)DEFUTYCLERK DATE; August:IC:2007 This subp_oenk is issued upon application tittheYnif4Mat:e0gAlli: *Ifnot upphcable. entex "none." Name, Address and Phone Number of Assistant U.S. Attorucy Alm Marie C. _______ Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach, FL 33401-6235 Tel: ($61) 820-8711 x3047 Fax:4561) 802-1787 To Ix used Pt Eca afACH 10 FORM ORD-227 JAN.86 HOUSE OVERSIGHT 012611-08/16/2007 17:05 FAX•5618021787 MAO WPB FL US. Department of Justice United States Attorney Southern District of Florida TO: DATE: Auxusti6. 2007 FAX NO. 212-988-6192 PHONE NO. 212-737-0400 A. Marie Yillafana 500 S. Australian Ave, 4th Floor West Palm ReackFlorida 33401 (560 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET Gerald Lefcourt, Esq.. # OF PAGES:____________________ RE: NES. LIGC FROM: A. MARIE VILLA.FARA. Assistant U.S. Attorney PHONE NO. S61:2094047 • COMMENTS: ; HOUSE OVERSIGHT 012612TAB 24 HOUSE OVERSIGHT 01261309/19/2007 12:14 PM "Villafana, Ann Marie C. k(USAFLS\)" To "Jay Lefkowitz" cc bcc Subject RE: Meeting Judge Johnson has duty next week. Jay — [ hate to have to be firm about this, but we need to wrap this up by Monday. II will not miss my indictment date when this has dragged on for several weeks already and then, if things fall apart, be left in a less advantageous position than before the negotiations: [ have had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these negotiations. There has to be an ending date, and that date is Monday. A. Marie Villafaria Assistant U.S. Attorney From: Jay Lefkowitz [mailto______________________ Sent: Wednesday, September 19, 2007 11:58 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Meeting We may want to meet monday and potentially continue to tues if necessary. Which mag is on duty? -----Original Message-----From: "Villafana, Ann Marie C. \(USAFLS\)" Sent: 09/19/2007 11:51 AM AST To: Jay Lefkowitz Subject: Meeting Barry is available Monday morning. Our most flexible West Palm Beach magistrate is on duty on Monday, so, assuming we have signed documents by 1:30 or so, we should be able to get Mr. Epstein arraigned on Monday. I doubt that we will be able to get everything finished up here, get down to Miami, and try to find a Miami mag by close of business on Monday. A. Marie Villafana Assistant U.S. Attorney *********************************************************** HOUSE OVERSIGHT 012614The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. *********************************************************** HOUSE OVERSIGHT 012615TAB 25 HOUSE OVERSIGHT 01261609/23/2007 08:04 PM "Villafana, Ann Marie C. To "Jay Lefkowitz" cc bcc Subject RE: Revised agreement 1 is definitely under 18 still, and I think there is a second minor. The appointment of ififfl ad !item is to provide you with a mechanism to make contact with the girls and to give them the assistance of an independent attorney who represents them (as opposed to me, who represents the government). If you are willing to provide the girls with independent counsel, at Mr. Epstein's expense (and I get to pick the attorney), that is alright with me. From: Jay Lefkowitz [mailto_________________ Sent: Sunday, September 23, 2007 6:55 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Revised agreement Will do. "4,0 do you need a guardian ad litem at all? Are any of the 40 under 18 now? -----Original Message-----From: "Villafana, Ann Marie C. \(USAFLS\)' Sent: 09/23/2007 06:52 PM AST To: Jay Lefkowitz Subject: Revised agreement Hi Jay - Can you look at this? Especially paragraph 7. I think this covers the exclusive remedy concern you had. «070923 Epstein Non-Prosecution Agreement final.pdf» *********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. *********************************************************** HOUSE OVERSIGHT 012617TAB 26 HOUSE OVERSIGHT 01261809/24/2007 01:27 PM 'Villafana, Ann Marie C. To "Jay Lefkowilz"______________________________________ CC "Martin Weinber" "Lourie, Andrew" "Garcia, Rolando \(USAFLS\)" bcc Subject RE: Epstein agreement as reviewed by the U.S. Attorney -,711fig...:frieg§a§6:11at beerifefW6ided Hi Jay — Sony for the delay. The U.S. Attorney had a last-minute concern, that I think I fixed it is in the first "It Appearing" clause following the list of statutes potentially violated). After you get the green light, let's discuss the potential representative. The person I am thinking of has run a preliminaiy conflicts check and it looks alright. Also, to address Mr. Epstein's concern regarding the list of names, I wanted to tell you that I have compiled a list of 34 confirmed minors. There are six others, whose names we already have, who need to be interviewed by the FBI to confirm whether they were 17 or 18 at the time of their activity with Mr. Epstein. Once those interviews are completed, I can finalize the list of identified victims, which I will put in a formal document that I will maintain until the time of Mr. Epstein's sentencing. Assuming that this agreement is fine, please execute at least three copies, and send one to me by fax and the rest by FedEx. I will execute and send the copies back. Thank you. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 HOUSE OVERSIGHT 012619From: Jay Lefkowitz____________________________________ Sent: Monday, September 24, 2007 11:46 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Martin Weinberg; Lourie, Andrew Subject: Re: Epstein agreement as reviewed by the U.S. Attorney Marie - Here are what I hope are final edits to the agreement. I will call in 15 min. thanks -- Jay "Villafana, Ann Marie C. VUSAFLS\)" 09/24/2007 10:13 AM To "Jay Lefkowitz" • cc Subje Epstein agreement as reviewed by the U.S. ct Attorney Hi Jay — Here is the agreement with Alex's edits. Thank you. «070924 Epstein Non-Prosecution Agreement w Acosta edits v2.pdf» A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 HOUSE OVERSIGHT 012620D070924 Final Epstein Non-Prosecution Agreement.pdf HOUSE OVERSIGHT 012621TAB 27 HOUSE OVERSIGHT 012622"Villafana, Ann Marie C. To \(USAFLS1)" 09/24/2007 04:34 PM cc bcc Subject RE: Do you have a signed copy? Thank you, Jay. I have forwarded your message only to Alex, Andy, and Rolando. I don't anticipate it going any further than that. When I receive the originals, I will sign and return one copy to you. The other will be placed in the case file, which will be kept confidential since it also contains identifying information about the girls. When we reach an agreement about the attorney representative for the girls, we can discuss what I can tell him and the girls about the agreement. I know that Andy promised Chief Reiter an update when a resolution was achieved. (Something I wouldn't have promised in light of what happened last year.) Rolando is calling, but Rolando knows not to tell Chief Reiter about the money issue, just about what crimes Mr. Epstein is pleading guilty to and the amount of time that has been agreed to. Rolando also is telling Chief Reiter not to disclose the outcome to anyone. From: Jay Lefkowitz ________________________ Sent: Monday, September 24, 2007 4:06 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Do you have a signed copy? Marie - Please do whatever you can to keep this from becoming public. thanks -- Jay "Villafana, Ann Marie C. 1(USAFLS\)" 09/24/2007 04:04 PM To..Jay Lefkowitz" cc SubjectDo you have a signed copy? Fli Jay — Sorry to be a bother, but do you have a copy that at least contains Mr. Epstein's signature? I need to pass it along to the powers that be. Thanks. HOUSE OVERSIGHT 012623TAB 28 HOUSE OVERSIGHT 012624"Villafana, Ann Marie C. (USAFLS\)" 09/26/2007 11:01 AM To "Jay Lefkowitz" cc bcc Subject RE: Other attorneys essag a ee o Hi Jay — Can you give me a call at his morning? I am meeting with the agents and want to give them their marching orders regarding what they can tell the girls. Also, please remove Babbitt and Searcy from the list. There is too great a chance of an appearance of impropriety with Babbitt and I received a bad report about Searcy last night. Thank you. A. Marie Pilaf-a-14a Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 25, 2007 8:37 PM To: 'Jay Lefkowitz' Subject: Other attorneys Hi Jay — These four people were recommended. I have not contacted them to find out what their rates are. All are very active in the plaintiffs' bar in the West Palm area. Ted Babbitt would be my first choice of these four but I think he is conflicted out because one of his partners is married to an AUSA here. Stuart Grossman is probably my second choice. Ted Babbitt -- http://www.babbitt-johnson.com/tbabbitt.html Stuart Grossman -- http://www.grossmanandroth.com/sgrossman.htm Chris Searcy -- http://vvww.searcylaw.com/CHRISTIANDSEARCY/tabid/935/default.aspx Lake Lytal, Jr. -- http://www.lytalreiter.com/index.php?page id=37 HOUSE OVERSIGHT 012625Talk to Jack Goldberger about this group. They are all very good personal injury lawyers, but I have concerns about whether there would be an inherent tension because they may feel that THEY might make more money (and get a lot more press coverage) if they proceed outside the terms of the plea agreement. (Sorry — I just have a bias against plaintiffs' attorneys.) One nice thing about Bert is that he is in Miami where there has been almost no coverage of this case. Just so you know, I have never met Bert, but a good friend in our appellate section and one of the district judges in Miami are good friends with him and recommended him. Can you let me know tomorrow? I am going to be out for a while starting on Friday, and I would like to get this underway before I leave. Thank you. A. Marie Villafacia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 HOUSE OVERSIGHT 012626TAB 29 HOUSE OVERSIGHT 01262710/05/2007 07:48 AM "Villafana, Ann Marie C. (USAFLS)" To "Jay Lefkowitz" cc bcc Subject RE: Proposed Letter to Special Master WMPRWIr EA*76-41.4gR,V' Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. If you would like to use the same Special Master to resolve fees disputes as well as to handle the selection of the attorney, I would recommend that we use retired 11th Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) I am available for a conference call between 9:00 and 10:00, and between 3:15 and 6:00. Please call me on my cell and let me know which of those times works best for you. Thank you. From: Jay Lefkowitz Sent: Wed 10/3/2007 4:26 PM To: Villafana, Ann Marie C.. (USAFLS) Subject: Re: Proposed Letter to Special Master Marie - I, too, am interested in speed. But I really need to go over this and then discuss with Jeffrey. So please do not send this to any Special Master before we discuss the next steps. Thanks -- Jay "Villafana, Ann Marie C. (USAFLS)" 10/03/2007 04:24 PM To "Jay Lefkowitz" cc Subject Proposed Letter to Special Master HOUSE OVERSIGHT 012628Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master.pdf» A. Marie Villafafia Assistant U.S. Attorney HOUSE OVERSIGHT 012629TAB 30 HOUSE OVERSIGHT 012630'Villafana, Ann Marie C. To (USAFLS)" 09/27/2007 03:06 PM cc bcc Subject RE: Conference Call with Bert Ocariz , 15:ime§ageiba&beer.r:orwar. Hi Jay — I already told Bert that there is no indictment and, as I mentioned, he doesn't really need to/want to see the entire plea agreement, .just the relevant paragraphs so that he understands what the scope of his representation will be. I think they would be happy knowing that their hourly rate will be paid when it is billed. The concern is, if all 40 girls decide they want to sue, they don't want to be in a situation where Mr. Epstein says this is getting too expensive, we won' t pay any more attorneys' fees. Two suggestions, that I haven't run past Bert, are: 1. Mr. Epstein signs a standard fee agreement, where one of his attorneys or accountants who is not working on the damages litigation receives a monthly bill with attorney's fees charged at an hourly rate and costs billed monthly. The bills will have any privileged information redacted. If there is a dispute about a bill that cannot be resolved, it will be submitted to a mediator for resolution. 2. If that is too open-ended for Mr. Epstein, do the hourly/monthly billing until Berl. has had a chance to confer with all of the girls to determine how many want him to represent them. Once it is known how many girls will be represented by Bert, and maybe who those girls are, there can be a more educated discussion about estimated fees and costs. Just some food for thought. I will be out of the office tomorrow, but I will be reachable by cell Phone. I will make sure Bert is available and confirm the time with you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 From: Jay Lefkowitz __________________________ Sent: Thursday, September 27, 2007 2:53 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Conference Call with Bert Ocariz Marie - I will not be able to get back to you until tomorrow. However, some of the questions he raised cause me HOUSE OVERSIGHT 012631some serious concern. 1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? Certainly he should not get a copy of any indictment. 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? I don't think he should get the plea agreement either. 3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? I can't imagine he would be entitled to anything other than an hourly fee. 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? In any event, I need to consider these issues carefully and I cannot agree to any of these issues before we speak. I would suggest we plan on talking tomorrow at 12 pm if you are available. Jay ----- Original Message-----From: "Villafana, Ann Marie C. (USAFLS)" Sent: 09/27/2007 10:51 AM AST To: Jay Lefkowitz Subject: Conference Call with Bert Ocariz Hi Jay — Bert's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. These are some of the questions he sent to me. I told Bert that as part of our agreement we (the federal government) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Bert just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? I envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? HOUSE OVERSIGHT 0126323. Is there any cap or other limitation on attorneys fees that the defendant will pay in the civil case? 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 *********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. *********************************************************** HOUSE OVERSIGHT 012633TAB 31 HOUSE OVERSIGHT 012634ei 2005 The Florida Bar Member Search Inside the Bar Find a Lawyer Jeffrey Marc Herman Member in Good Standing Eligible to practice in Florida ID Number: - 521647 Address: Herman & Mermelstein P A 18205 Biscayne Blvd Ste 2218 North Miami Beach, Florida 331602148 United States Phone: 305.9312200 E-Mail: [email protected] County: Miami-Dade Circuit: 11 Admitted: 12/26/1985 10-Year None Discipline History Firm: erman Sloman & Mermelstein PA The Find A La directory provides limi d bask-in'topmatiorra• out attorneys licensed to practice in Florida and is provided as a public service by The Florida Bar. The information contained herein is provided "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of the data. Much of the information is provided by the attorney and it is the attorneys responsibility to review and update the ifgrmation. Publication of attorneys' contact information within this listing ST1ou1Wo e construed as their consent to receive unsolicited communications in any form. Certain unauthorized uses of this data may result in civil or criminal wyer directory is not a lawyer referral service. http://www.floridabar.orginames.nsf/All/EDE6C2013E4B06CB85256A8400091E55?Open. Page 1 of 1 HOUSE OVERSIGHT 012635TAB 32 HOUSE OVERSIGHT 012636JANE DOE NO. 1, by and through JANE DOE's FATHER as parent and natural guardian, and JANE DOE's FATHER, and JANE DOE's STEPMOTHER, individually, Plaintiffs, vs. JEFFREY EPSTEIN, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08 80069 MI-MARRA MAGISTRATE JUDGE YOHNSON FILED by D C INTAKE ----- JAN 24 2008 DCLELARKRUITSE: S.D. OF FLA. • FT. .L.AUb INDisADTDoary COMPLAINT Plaintiff, Jane Doe No. 1 ("Jane" or "Jane Doe"), by and through Jane Doe's Father as parent and natural guardian, and Jane Doe's Father and Jane Doe's Stepmother, individually, bring this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and. Venue 1. Jane Doe is a citizen and resident of the State of Florida. She is a minor under the age of 18 years. 2. Jane Doe's Father brings this action individuallyand as parent and natural guardian of Jane Doe. Jane Doe's Father is a citizen and resident of the State of Florida. 3. Jane Doe's Stepmother brings this action individually. Jane Doe's Stepmother is a citizen and resident of the State of Florida. 4. This Complaint is brought under fictitious names to protect the identity of the Minor Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon a HERMAN Et M ERM ELSTON P. A. -1. www.hermanlaw.com HOUSE OVERSIGHT 012637minor. 5. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 6. This is an action for damages in excess of $50 million. 7. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 8. This Court has venue of this action pursuant to 28 U.S.C. §I391(a) as a substantial part of the events or omissions giving rise to the claim occurred in this District. Factual Allegations 9. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of tremendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St Thomas and Palm Beach, FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach. 10. Upon information and belief, Epstein has a sexual preference and obsession for underage minor girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2005, Jane Doe, then 14 years old, fell into Epstein's trap and became one of his victims. 11. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 12. An integral player in Epstein's Florida scheme was Haley Robson, a Palm Beach HERMAN 8, MERMELSTEIN, P, A. - 2 - www.hermanlaw_com HOUSE OVERSIGHT 012638Community College student from Loxahatchee, Florida. She recruited girls ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. Under Epstein's plan, Ms. Robson would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Epstein or someone on his behalf directed Ms. Robson to bring one or more underage girls to the residence. Ms. Robson, upon information and belief, generally sought out economically disadvantaged underage girls from Loxahatchee and surrounding areas who would be enticed by the money being offered - generally $200 to $300 per "massage" session - and who were perceived as less likely to complain to authorities or have credibility if allegations of improper conduct were made. This was an important element of Epstein's plan. 13. Epstein's plan and scheme reflected a particular pattern and method. Upon arrival. at Epstein's mansion, Mr. Robson would introduce each victim to Sarah Kellen, Epstein's assistant, who gathered the girl' s personal information, including her name and telephone number. Ms. Kellen would then bring the girl up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. There were photographs of nude women lining the stairway hall and in the bedroom. Ms. Kellen would then leave the girl alone in this room, whereupon Epstein would enter wearing only a towel. He would then remove his towel, lay down naked on the massage table, and direct the girl to remove her clothes. He then would perform one or more Iewd, lascivious and sexual acts, including masturbation and touching the girl's vagina with a vibrator. 14. Consistent with the foregoing plan and scheme, Ms. Robson recruited Jane Doe to give Epstein a massage for monetary compensation. Ms. Robson brought Jane to Epstein's mansion in Palm Beach. Jane was introduced. to Sarah Kellen, who led her up the flight of stairs to the room with the massage table. She was alone in the room when Epstein arrived wearing only a towel. He HERMAN X...-. MERMEL.STEIN, P. A. - 3 - www.hermanlaw.com HOUSE OVERSIGHT 012639removed his towel, and laid down naked on the massage table. He dtalanded that Jane remove her clothes. In shock, fear and trepidation, Jane complied, removing her clothes except for her underwear. Epstein then sexually assaulted Jane. 15. After Epstein had completed the assault, he left the room. Jane was then able to get dressed, leave the room and go back down the stairs. She then met Ms. Robson again who brought Jane home. Jane was paid $300 by Epstein. Ms. Robson was p aid $200 by Epstein for bringing Jane to him. 16. As a result of this encounter with Epstein, the 14-year old Jane experienced confusion, shame, humiliation, embarrassment and the assault sent her life into a downward spiral. COUNT I Sexual Assault 17, Plaintiff Jane Doe by and through her Father, as parent and natural guardian, repeats and realleges paragraphs I through 16 above. 18. Epstein tortiously assaulted Jane Doe sexually in or about 2005. 19. This sexual assault was in violation of Chapter 800 of the Florida Statutes, which recognizes as a crime the lewd and lascivious acts committed by Epstein upon Jane. 20. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doe, by and through her Father, as parent and natural guardian, demands judgment against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. HERMAN 6, MERMELSTEIN, P. A. - 4 - www.hermaniaw.com HOUSE OVERSIGHT 012640COUNT II Intentional Infliction of Emotional Distress 21. Plaintiffs Jane Doe by and through her Father, as parent and natural guardian, Jane Doe's Father and Jane Doe's Stepmother, individually, repeat and reallegeparagraphs 1 through 16 above. 22. Epstein's conduct was intentional or reckless. 23. Epstein's conduct was outrageous, going beyond all bounds of decency. 24. Epstein's conduct caused severe emotional distress not only to Jane Doe, but also to her parents, Jane Doe's Father and Jane Doe's Stepmother. Epstein knew or had reason to know that his intentional and outrageous conduct would cause emotional trauma and damage to Jane Doe's parents. 25. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe, Jane Does' Father and Jane Doe's Stepmother have suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiffs Jane Doe by and through her Father, as parent and natural guardian, Jane Doe's Father and Jane Doe's Stepmother demand judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court deems just and proper. COUNT LEI Loss of Parental Consortium 26. Plaintiff Jane Doe's Father repeats and realleges paragraphs 1 through 16 above. 27. Epstein's tortious conduct is the direct and proximate cause of damages to Jane Doe's Father, consisting of parental loss of comfort, companionship and society and healthcare costs HERMAN & MERMELSTEIN, F'. A. - 5 - www.hermanlaw.com HOUSE OVERSIGHT 012641associated with the treatment of J ane. 28. Jane Doe's Father experienced and will continue to experience great mental anguish, pain and suffering from the time that Defendant's tortious conduct occurred. WHEREFORE, Plaintiff Jane Doe's Father demands judgment for loss of consortium damages, costs and such other and further relief as this Court deems proper. JURY TRIAL DEMAND Plaintiffs demand a jury trial in this action. Dated: January c24, 2008 Respectfully submitted, HERMAN & MERMELSTEIN, P. A. - 6 - HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 By: Je M. Herman j [email protected] Florida Bar No. 521647 Stuart S. IViermelstein [email protected] Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 [email protected] www.hermanlaw.com HOUSE OVERSIGHT 012642HOUSE OVERSIGHT 012643I of 6 Case 9:08-cv,80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 JANE DOE NO. 3, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 1) FIR2061 1 la D.C. ELECTRIC March 5, 2008 STEVEN M. LARIMORE CLERK U.S. 01ST. CT. S. D. OF FLA. • MIAMI CASE NO.: 08-CV-80232-Marra-Johnson COMPLAINT Plaintiff, Jane Doe No.3 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and Venue 1. Jane Doe is a citizen and resident of the State of Florida, and is sui juris. 2. This Complaint is brought under a fictitious name to protect the identity of the Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon her when she was a minor. 3. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 4. This is an action for damages in excess of $50 million. 5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 6. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a substantial part of the events or omissions giving rise to the claim occurred in this District. HERMAN & MERMELSTEIN, P. A. - 1 - www.hermaniaw.com HOUSE OVERSIGHT 012644Case 9:08-cv-80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 Page 2 of 6 Factual Allegations 7. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of ti-emendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach. 8. Upon information and belief, Epstein has a sexual preference and obsession for underage minor girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2004-2005, Jane Doe, then 16 years old, fell into Epstein's trap and became one of his victims. 9. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 10. An integral player in Epstein's Florida scheme was Haley Robson, a Palm Beach Community College student from Loxahatchee, Florida. She recruited girls ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. Under Epstein's plan, Ms. Robson would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Epstein or someone on his behalf directed Ms. Robson to bring one or more underage girls to the residence. Ms. Robson, upon information and belief, generally sought out economically disadvantaged underage girls from Loxahatchee and surrounding areas who would be enticed by the money being offered - generally $200 to $300 per "massage" session - and who were perceived as less likely to complain to authorities or have credibility if allegations of HERMAN & MERMELSTEIN, P. A. 2 of 6 - 2 - www.hermanlaw.com HOUSE OVERSIGHT 012645Case 9:08-cv-80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 Page 3 of 6 improper conduct were made. This was an important element of Epstein's plan. 11. Epstein's plan and scheme reflected a particular pattern and method. Upon arrival at Epstein's mansion, the victim would be brought to the kitchen. She would then be led up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. Once the girl was alone in this room, Epstein would enter wearing only a towel to cover his private area. He then would lay down on the massage table and perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl sexually. 12. Consistent with the foregoing plan and scheme, Ms. Robson recruited Jane Doe to give Epstein a massage for monetary compensation. Ms. Robson brought Jane to Epstein's mansion in Palm Beach. Jane was led up the flight of stairs to the room with the massage table. She was alone in the room when Epstein arrived wearing a towel to cover his private parts. He laid down on the massage table, and sexually assaulted Jane Doe during the massage. In addition, Jeffrey Epstein masturbated during the massage. 13. After Epstein had completed the assault, he left the room. Jane was then able to leave the room and go back down the stairs. She then met Ms. Robson again who brought Jane home. Jane was paid $200 by Epstein. Ms. Robson was also paid by Epstein for bringing Jane to him. 14. As a result of this encounter with Epstein, the 16-year old Jane experienced trauma, shock, confusion, shame, humiliation and embarrassment. COUNT I Sexual Assault 15. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 16. Epstein tortiously assaulted Jane Doe sexually in or about 2004-2005. Epstein's acts were intentional, unlawful, offensive and harmful. HERMAN St MERMELSTEIN, P. A. 3 of 6 - 3 - wvvw.hermanlaw.com HOUSE OVERSIGHT 012646Case 9:08,cv-80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 Page 4 of 6 17. Epstein's plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously. 18. This sexual assault was in violation of Chapter 800 of the Florida Statutes, which recognizes as a crime the lewd and lascivious acts committed by Epstein upon Jane. 19. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doe, demands judgment against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. COUNT II Intentional Infliction of Emotional Distress 20. Plaintiffs Jane Doe repeats and realleges paragraphs 1 through 14 above. 21. Epstein's conduct was intentional or reckless. 22. Epstein's conduct was outrageous, going beyond all bounds of decency. 23. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had reason to know that his intentional and outrageous conduct would cause emotional trauma and damage to Jane Doe. 24. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe has suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiff Jane Doe demands judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court HERMAN & MERMELSTEIN, P. A. 4 of 6 - 4 - www.hermanlaw.com HOUSE OVERSIGHT 012647Case 9:08-cv-80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 Page 5 of 6 deems just and proper. JURY TRIAL DEMAND Plaintiffs demand a jury trial in this action. Dated: March 2008 HERMAN Eu. MERMELSTEIN, P. A. -5- 5016 Respectfully submitted, HERMAN 84. MERMELSTEIN, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 By: Jeffrey M. Herman [email protected] Florida Bar No. 521647 Stuart S. Menrielstein smermelsteinP,hermanlaw.com Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 ahorowitz(@,hen-nanlaw.com www.hermanlaw.com HOUSE OVERSIGHT 012648Case 9:08-cv-80232-KAM DocunGM111- CqVggcM1=14LED Docket 03/95/S008 Page 6 of The JS-44 civil cover sheet and the Information contained herein neither replace nor supplement the filing, and service o p ea ng or other paps as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of the Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) 1(a) PLAINTIFFS DEFENDANTS JANE DOE NO. 3, JEFFREY EPSTEIN (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF PALM BEACH COUNTY (EXCEPT IN U.S. PLAINTIFF CASES) COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW YORK (IN U.S. PLAINTIFF CASES ONLY) (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Herman & Mermelstein, PA., 18205 Biscayne Blvd., Suite 2218, Miami, FL 33160, (365) 931-2200 ATTORNEYS (IF KNOWN) (d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH II. BASIS OF JURISDICTION (PLACE AN X ONE BOX ONLY) o 1. U.S. Government Plaintiff 0 2. U.S. Government Defendant III) 0 3. Federal Question (U.S. Government Not a Party) X 4. Diversity (Indicate Citizenship of Parties in Item CIOPCJI/ 90232 le-f9171-f)0 n*f., III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity Case Only) PTF Citizen of This State x 1 Citizen of Another State 0 2 DEF CI 1 x 2 Citizen or Subject of a Foreign Country 0 3 0 3 PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE FOR DEFENDANT PTF DEF Incorporated of Principal Place of 0 4 0 4 Business in This State Incorporated and Principal Place of 0 5 0 5 Business in Another State Foreign Nation 0 6 0 6 IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) DIVERSITY ACTION UNDER 28 U.S.C. §1332(a) FOR SEXUAL ASSAULT !Va. 5 days estimated (for both sides) to try entire case V. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) A CONTRACT A TORTS B FORFEITURE PENALTY A BANKRUPTCY A OTHER STATUS 0 110 Insurance CI 120Marine 0 130Miller Act 0 140Negoliable Instrument , a tooRmv'Y ar °ver"Iffnen' & Enforcement of Judgment 0 15184edlcare Am 0 152Recoveryof Defaulted Student Loans (Excl. Veterans)B CI 153 Recovery of Oyerpayment of Veteran's Bane% El . 0 150Stockholderb Sults 0 1DOOther Contract 0 1135Contrast Product Llabildy ... PERSONAL 0 310 Airplane 0 315 Airplane 0 320 AssaiAL 0330 Federal a 0 345 0 350 Moto 0 355 Motor X 360 Other INJURY 0 382 Personal InjuntMed Malpractice Product Liability 0 365 Personal Injury-Product' Liablity Libel & Slander 0 368 Asbestos Personnel EMPiCl.re OabffitY !rimy Product Uabilky Product Uabilky PERSONAL PROPERTY ehIcle gide Product Llabilky 0 370 Other Fraud arsenal Injury 0 371 Truth in Lending B 0 380 Other Personnel Property Damage 0 385 Properly Damage Product Llabkly 0 810 Agriculture 0 820 Other Food & Om 0 825 Drug Related Seizure of Property 21 USC 881 0 630 Liquor LaVIS 0 840 R.Ft. & Truck 0 650 Aldine Rees 0 880 Occupational Safely/Health 0 800 Other 0 422 Appeal 28 USC 158 0 423 Withdrawal 28 USC 157 0 400 Status ReappotnIment 0 410 Antitrust 0 430 Banks and Banking 0 400 Commerce/ICC Ralesretc.13 0 460 Deportation o 470 Racketeer Influenced and Cermet OggenicaCons 0 810 Selective Service 0 850 Securities/Commodities/ Exchange CI 875 Customer Challenge 12USC3410 0 801 Agricultural Acts 0 Beg Economic Stater-393n Act 0 853 Envinonmental Matters 0 BIM EMMY/W=059AF, 0 695 Freedom of Inforrnalbn Act 0 BOO Appeal of Fee Determination Under Equal Access to Justice 0 050 Congitutionalkyof Stale Statutes 0 890 Myer Statutory Actions' • A Or 8 Declaratory relief and stale law claims for delemalion n 0 A PROPERTY RIGHTS 0 820 Copyrights 01130 Patent 0 IMO Trademark B SOCIAL SECURITY 0851 H1A (139510 0 862 Black Lung (13231 0 863 DIWCJDNVW (405(9D CI 864 SS1D TAM XVI 0 665 RSI (405(g)) A REAL PROPERTY A CIVIL RIGHTS 13 PRISONER PETITIONS A LABOR 0 210 Land Condemnation 0 220 Foreclosure B CI 230 Rent Lease & Electment 0 240 Torts to Land 0 245 Tort Product Liability 0 MO All Other Real Property CI 441 Voting 0 442Employment 0 443Housing/Accommodations 0 444 Welfare 0 4400thar CFA Rights 0 510Motions to Vacate Sentence Habeas Carew 0 5300eneral. 0 535130016 Penalty 0 540 Mandamus & Wet 0 550CMI Rights 'A or B 5710 Fat Labor Standards Act 0 720 Labor Management Relations B 0 730 Labor Management Reporting & Disclosure Act 0 740 Railway Labor Acl 0 700 Other Labor Litigation o 791 Employee Rel. Inc. Security Acts A FEDERAL TAX SUITS 0 870 TOWS (U.S. PloinlIff or °denoted) 0 871 IRS-TI/ad Party 26 USC 7890 FILED bv VI. ORIGIN x 1. Original 0 2. Removed from 0 3. Remanded from 04. Refilled 0 6. Multidistrict Litigation 0 7. Appeal to District Judge from Proceeding State Court Appellate Court 0 5. Transferred from another district (Specify) Magistrate Judgment VII. REQUESTED IN COMPLAINT 0 UNDER F.R.C.P. 23 CHECK IF THIS IS A 0 CLASS ACTION DEMAND $ 0 Check complaint JURY DEMAND: MAR - 5 2008 cCitLA,,RK.E.N.C:. 0M ;Aar) njT. 5.0 Mal *qua Y S 0 NO VIII. RELATED (See Instructions): (SEE ATTACHED) CASE(S) IF ANY Jane Doe 2 v. Jeffrey Epstein JUDGE KENNETH A. MARRA DOCKET NUMBER 08-CV-60119-MARRA-JOHNSON DATE 3 - -0 t SIGNATURE OF ATTORNEY OF RECORD UNITED STATES DISTRICT COURT S/F 1-2 REV. 9194 6 of 6 FOR OFFICE USE ONLY: Receipt No.__________________ Amount Date Paid: _______________________ M/ifp:__________________________ 52/R6/1 HOUSE OVERSIGHT 012649TAB 33 HOUSE OVERSIGHT 012650Another suit alleges sex during massage Page 1 of 2 PairalleachPost,com Another suit alleges sex during massage By i,ARRY KELLER Palm Beach Post Staff Writer Thursday, March 06, 2008 WEST PALM BEACH — Another woman filed a federal lawsuit against Jeffrey Epstein on Wednesday, alleging that he turned a massage she gave him at his Palm Beach mansion into a sexual episode when she was 16 years old. Identified as "Jane Doe No. 3," she is seeking more than $50 million, the same as two other "Jane Does" who filed similar lawsuits in the past six weeks. All three suits were filed by Miami lawyer Jeffrey Herman. G___PRINTTHIS More crime coverage Most recent headlines Fugitives I Sex offenders crime blog OSt • Browse Specials Sc Deals From Load Dealerships Herman subsequently withdrew the first Jane Doe's lawsuit because of squabbling by her parents over the litigation. The girl may refile the suit after she turns 18 in May and can make her own decisions, Herman said. More local news Other alleged victims also have contacted him, Herman said. "I do anticipate more Latest breaking news., photos and all of today's Post stories, cases," he said. Share This Story In the latest litigation, Jane Doe No. 3 alleges that she was recruited by a former college student, Haley Robson, to give Epstein a massage for money at his waterfront home late in 2004 or early in 2005. The lawsuit alleges that, while on the massage table, Epstein sexually touched Jane Doe No. 3, then masturbated. She is suing on grounds of sexual assault and intentional infliction of emotional distress. "She felt intimidated. She felt scared," Herman said. Jane Doe No. 3 made only the one visit to Epstein's home, he said. "It's just another copycat lawsuit filed by the same lawyer who appears less interested in the truth than in grandstanding with these press conferences," said Jack Goldberger, one of Epstein's attorneys. "We now have sworn testimony that girls lied about their age to Jeffrey Epstein, and they were careful in being http://pahnbeachpost.printthis.clickability.com/pt/cpt?action=cpt&title=Another+suit+alleg... 4/2/2008 HOUSE OVERSIGHT 012651Another suit alleges sex during massage Page 2 of 2 convincing that they were over the age of 18." Herman said Robson instructed Jane Doe No. 3, "When he asks how old you are, tell him 18 or 19 years old." But he said it doesn't matter. "They were underage girls," Herman said. "They were sexually assaulted." In addition to the civil lawsuits, Epstein was indicted on a single count of felony solicitation of prostitution in July 2006 after a lengthy Palm Beach Police Department investigation into his activities with underage girls at his home. A resolution has been delayed continually. The case is on Monday's court docket but is expected to be rescheduled once again. "One of the reasons (Jane Doe No. 3) came forward is she is tired of waiting for justice," Herman said. Find this article at: http://www.palmbeachpost.com/localnews/content/local_news/epaper/2008/03/06/s3b_epstein_0306.html? cxtype=rss&cxsvc=78xxcat=76 Check the box to include the list of links referenced in the article. http://palmbeachpost.printthis.clickability.com/pt/cpt?action=cpt&title=Another-Fsuit+alleg... 4/2/2008 HOUSE OVERSIGHT 012652TAB 34 HOUSE OVERSIGHT 012653Jay, Jay Lefkowitz/New York/Kirkland-Ellis Sent by: Kristin Andersen/New York/Kirkland-Ellis 12/12/2007 04:20 PM To Ami Sheth/New York/Kirkland-Ellis@K&E cc Eugene Komel/New York/Kirkland-Ellis@K&E bcc Subject Fw: Epstein — Forwarded by Kristin Andersen/New York/Kirkland-Ellis on 12/12/2007 04:19 PM "Sloman, Jeff USAFLS" 11/27/2007 01:55 PM To "Jay Lefkowitz" cc "Acosta, Alex (USAFLS)" Subject Epstein Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge Davis' selection, I'd like to make a few observations. First, Guy Lewis has known for some time that Judge Davis was making reasonable efforts to secure Aaron Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge Davis's selection during our meeting last Wednesday, November 2l4, you and Professor Dershowitz seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long-standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting process come to an end. Therefore, unless you provide me with a good faith objection to Judge Davis's selection by COB tomorrow, November 28, 2007, I will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29'1. Thanks, Jeff HOUSE OVERSIGHT 012654TAB 35 HOUSE OVERSIGHT 012655KIRKLAND &ELLIS LLP AND AFFILIATED PARTNERSHIPS 777 South Figueroa Street Los Angeles, California 90017 Kenneth W. Starr To Call Writer Directly: www.lcirkland.com November 28, 2007 VIA FACSIMILE Honorable Alice S. Fisher Assistant Attorney General Department of Justice Criminal Division 950 Pennsylvania Avenue NW Room 2107 Washington, DC 20530 Re: Jeffey Epstein Dear Ms. Fisher: Facsimile: (213) 680-8500 I represent Jeffrey Epstein, who, as you may be aware, was the target of a dual investigation by both state and federal authorities in Florida for acts relating to his interactions with numerous young women. As you may also be aware, Mr. Epstein has entered into a Deferred Prosecution Agreement (the "Agreement") with the United States Attorney's Office for the Southern District of Florida (the "USAO") to resolve its criminal investigation of him. I run writing to. request a meeting with you to discuss certain aspects of this case that I find especially troublesome. As part of the agreement Mr. Epstein was required to sign to avoid a federal indictment, Mr. Epstein was required to waive jurisdiction and liability under 18 U.S.C. §2255 for the settlement of monetary claims that might be made by it group of unidentified alleged victims who will be identified by the USA() at some point in the future. Neither I, nor any of the other defense lawyers involved in this matter, have ever heard of such a procedure. And as part of this Agreement, Mr. Epstein is precluded from contesting liability as to civil lawsuits seeking monetary compensation for damages brought by any of the identified individuals who elect to settle their civil claims for the statutory minimum of either $50,000 (the amount set by Congress as of the date of the occurrences) or $150,000 (the amount currently set by statute) or some other agreed upon damage amount. We believe that the utilization of 18 U.S.C. § 2255 as a pre- condition of criminal plea agreements or non-prosecution agreements is highly unusual and requires careful consideration and additional guidance by your Office. We also believe that the Chicago Hong Kong London Munich New York San Francisco Washington, D.C. HOUSE OVERSIGHT 012656IURKLAND 8.. ELLIS Honorable Mice S. Fisher November 28, 2007 Page 2 manner in which the USAO has interpreted the settlement process for these identified individuals under the Agreement requires guidance. These areas are more fully detailed below.* First. Federal criminal investigators and prosecutors should not be in the business of promoting civil lawsuits as a condition precedent to entering non-prosecution or deferred prosecution agreements. This is especially true where the vehicle for the financial settlement under the Agreement requires payment in a lump sum without requiring proof of actual injury or loss — federal authorities should therefore be particularly sensitive to avoid causing a prejudiced and unfair result. 18 U.S.C. § 2255 is a civil statute implanted in the criminal code; in contrast to all other criminal restitution statutes, § 2255 fails to correlate payments to specific injuries or losses. Instead, the statute presumes that victims have sustained damages of at least a minimum lump sum without regard to whether the complainants suffered actual medical, psychological or other forms of individualized harm. We presume that it is for this reason that 18 U.S.C. § 2255 has never before been employed in this manner in connection with a non-prosecution or, as here, a deferred prosecution agreement. In short, the USAO is operating in uncharted territory. Second. 18 U.S.C. § 2255 creates the potential for compromising witness testimony. Although generally the Government may promise or provide traditional consideration to potential witnesses, employing a civil statute that promises a lump sum payment to potential witnesses without proof of actual liability or damage provides an extraordinary incentive that is incompatible with the truth-seeking functions of the criminal justice system. Guidelines or other policy directives should be considered to control the extent to which witnesses are informed by investigators about the availability of such financial windfalls. Additionally, an inquiry is necessary in this specific case to assure that disclosures to potential witnesses did not undermine the reliability of the results of the federal criminal investigation of Mr. Epstein. Third. The USA() has provided no information as to the specific claims made by each identified individual, nor were we provided the names or ages of those individuals or the time-frame of the alleged conduct The USAO's reluctance to provide Mr. Epstein with any information with respect to the allegations against him leaves wide open the opportunity for misconduct by federal investigators. In addition, this information vacuum eliminates the ability for Mr. Epstein and/or his agents to verify that the allegations at issue are grounded in real evidence. Indeed, the requirement that a target of federal criminal prosecution agree to waive his right to contest liability as to unnamed civil complainants creates at minimum an appearance of injustice, both because of the obvious Due Process concerns of waiving rights without notice of * In addition to the areas identified below, it was and remains our position that federal prosecution of this matter is entirely inappropriate based on the prior application and legislative histories of the relevant federal statutes. HOUSE OVERSIGHT 012657KIRKLAND &ELLIS Honorable Alice S. Fisher November 28, 2007 Page 3 even the identity of the complainant(s) and because of the involvement of the federal criminal justice system in civil settlements between private individuals. Fourth. The USA() has improperly insisted that the chosen attorney representative should be able to litigate the claims of individuals, which violates the terms of the Agreement and deeply infringes upon the spirit and nature of the Agreement. Initially, for the sake of expediting a settlement in this matter, we suggested that Mr. Epstein establish a restitution fund specifically for the settlement of the identified individuals' civil claims and that an impartial, independent representative be appointed to administer that fund. Notably, such a restitution fund was created in a federal case, U.S. v. Boehm, Case No. 3:04CR00003 (D Alaska 2004). The federal prosecutors here rejected this idea, and they insisted that an attorney representative, paid for by Mr. Epstein, be appointed. Yet, there was no suggestion at the time that the attorney representative's duties included litigating claims on behalf of the identified individuals. However, after the parties agreed to the appointment of an attorney representative, the prosecutors announced that the criteria for choosing an appropriate attorney representative now included that the individual be "a plaintiff's lawyer capable of handling multiple lawsuits against high profile attorneys." This interpretation of the scope of the attorney representative's role is far outside the common understanding that existed when we negotiated Mr. Epstein's settlement with the USAO. Furthermore, we firmly believe that ethics rules preclude the representative from litigating claims on behalf of the identified individuals. In sum, we believe that the actions undertaken in this matter by the USA() with respect to the 18 U.S.C. § 2255 provisions of the Agreement are highly unusual. We respectfully request a meeting with you at your earliest convenience to discuss the important issues raised by the USAO's conduct in this deeply policy-laden matter. Sincerely, id. Q2 Kenneth W. Starr - HOUSE OVERSIGHT 01265811/28/07 WED 09:19 FAX 1 213 680 8500 KIRKLAND&ELLIS LLP TRANSMISSION OK ********************* *** T1 REPORT *** ********************* TX/RX NO 1638 CONNECTION TEL 912025149412 SUDADDRESS CONNECTION ID ST. TIME 11/28 09:17 USAGE T. 01'57 PGs. 4 RESULT OK Igj col MRKLAND &ELLIS LLP Fax Transmittal 777 South Figueroa Street Los Angeles, Califomia 90017 Phone: (213) 680-8400 Falc (213) 680-8500 • Please notify us immedlately•if any pages are not received. • THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY • BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY Fog THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: (213) 680-8400. To: Company: Hon. Alice S. Fisher Department of Justice From: Date: Pagiesviecover: Kenneth V/. Starr • November 28, 2007. 4 Message: HOUSE OVERSIGHT 012659TAB 36 HOUSE OVERSIGHT 012660'Villafana, Ann Marie C. (USAFLS)" 11/28/2007 04:46 PM To cc bcc Subject is message has been replie "Jay Leficowilz" "Sloman, Jeff (USAFLS)" "Acosta, Alex (USAFLS)" Epstein: Victim Notification Letter to nc fetitiare(e. Dear Jay: Jeff asked that I forward the victim notification letter to you. It is attached. Thank you. «Victim Notification Ltr.pdf» A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 DVictim Notification Ltr.pdf HOUSE OVERSIGHT 0126617 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 November 29, 2007 DELIVERY BY HAND Miss Re: Crime Victims' Rights — Notification of Resolution of Epstein Investigation Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act of 2004 and other federal legislation, including: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. I am writing to inform you that the federal investigation of Jeffrey Epstein has been completed, and Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. •Mr....Ep.stein.agrees that he willTlead guilty to two state offenses, including the offense of soliciting minors to engage in promtution, which will require him to register as a sexual predator for the remainder of his life. HOUSE OVERSIGHT 012662MISS___________________ NOVEMBER 29, 2007 PAGE 2 Second, Mr. Epstein has agreed to make a binding recommendation of 18 months' imprisonment to the state court judge who sentences him. Mr. Epstein will serve that sentence of imprisonment at the Palm Beach County Jail. Tj140 Mr. Epstein has agreed that he will not contest jurisdictien oi habibty4f you elect to Awkofrom him because the United States has identified you as a minor victim of certain federal offenses, including travel in interstate commerce to engage in prostitution with minors and the use of facilities of interstate commerce to induce minors to engage in prostitution. To assist you U.S.in making such a claim, the Attorney's Office has asked an independent Special Master to select attorneys Those attorneys are iriciaNna.Ntrand Robeit ("Bob) i'it4its#,Ogiwith the law firm of Podhurst Orseck, PA. They can be reached:at(305)358;280.Q., anticipate that someone from their law firm will be contacting you shortly. TiiiiigiffitiAdkikleitt that you are not obligated to use these attorneys. In fact, you have the absolute right to select your own attorney, so you can decide not to speak with Mssrs. Podhurst/ Tosefsberg at all, or you can speak with them and decide at any time to use a different attorney. :Tfyou do decide to seek damages from Mr. Epstein and you decide to use lessrs Podhurst/Josefsbeig asyour attorneys Mr Epstein will be , attorney1eesi:incurred during the time spent trying to negotiate a settlement. If you are unable to reach a settlement with Mr. Epstein, you and Mr. Josefsberg can discuss how best to proceed. As I mentioned above, as part of the resolution of the federal investigation, Mr. Epstein has agreed to plead guilty to state charges. Mr. Epstein's change of plea and sentencing will occur on December 14, 2007, at________a.m., before Judge Sandra K. McSorley, in Courtroom 11F at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k) and 921.143 (1) you ale tigittagglitPiRabajda0 a statement under oath If you choose, you can submit a written statement under oath which will be filed by the State Attorney's Office on your behalf. If you elect to prepare a written statement, it should address the following: the facts of the case and the extent of any harm, including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, and any matter relevant to an appropriate disposition and sentence. Fl. Stat. 921.143(2). You also are entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program. To receive such notification, please provide the State Attorney's Office with the following information: 1. Your name 2. Your address 3. Your home, work, and/or cell phone numbers HOUSE OVERSIGHT 012663MISS___________________ NOVEMBER 29, 2007 PAGE 3 4. Your e-mail address 5. A notation of whether you would like to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this system, your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investigation. If you have any questions or concerns, please do not hesitate to contact me or Special Agent Nesbitt Kuyrkendall at (561) 822-5946. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafaila Assistant United States Attorney cc: Special Agent Nesbitt Kuyrkendall, F.B.I. Ms. Clearetha Wright, Victim-Witness Coordinator, U.S. Attorney's Office HOUSE OVERSIGHT 012664TAB 37 HOUSE OVERSIGHT 012665"Sloman Jeff USAFLS' To 02/27/2008 09:45 PM CC bcc Subject "Oosterbaan, Andrew" Fw: Epstein Itory: :& This message has benforwarde Sent from my BlackBerry Wireless Handheld ----- Original Message -----From: Jeffrey Sloman To: Sloman, Jeff (USAFLS) Sent: Wed Feb 27 21:37:02 2008 Subject: Epstein Jay, You have renewed your request for certain information which this Office does not generally make available in similar pre-indictment situations. After carefully considering your request, I have decided, in my capacity as the First Assistant U.S. Attorney, not to make an exception here. Regarding the Landon Thomas matter, Mr. Thomas was given, pursuant to his request, non-case specific information concerning specific federal statutes. Regarding the offer to extend the current deadline of March 3, 2008 contained in my February 25th email. That offer was based on counsel for Mr. Epstein meeting with CEOS the week of March 3rd. You indicate that you are unavailable. It is hard to imagine that some or all of the other attorneys representing Mr. Epstein cannot serve this function. After all, Mr. Epstein is also represented by Dean Kenneth Starr, Martin Weinberg, Roy Black, Gerald Lefcourt, Harvard Professor Alan Dershowitz, Lily Ann Sanchez, and Guy Lewis. That being said, the Southern District of Florida will only renew the offer to extend the current deadline if you and the CEOS Section Chief mutually agree on a timetable by close of business on Friday, February 29, 2008 to meet and complete presentations no later than March 19, 2008. Given that CEOS is ready to proceed immediately, this seems like more than ample time. As I indicated in my previous email, if CEOS subsequently decides that a federal prosecution should not be undertaken against Mr_ Epstein, this Office will close its investigation. However, should CEOS disagree with Mr. Epstein's position, Mr. Epstein shall have one week to abide by the terms and conditions of the September 24, 2007 Agreement as amended by letter from United States Attorney Acosta. HOUSE OVERSIGHT 012666Jeffrey H. Sloman First Asst. US Attorney Southern District of Florida HOUSE OVERSIGHT 012667TAB 38 HOUSE OVERSIGHT 01266805/16/2008 11:16 FAX 05/16/08 FRI 11:08 FAX U• NITED STATES DEPARTMENT OF JUSTICE Criminal Division Child Exploitation and Obscenity Section 1400 New York Avenue, NW Suite 600 Washington, DC 20530-0001 • 20005 TO: • OFFICE NUMBER: • FAX NUMBER: FROM: Q001/006 VI001 • CEOS: (202) 514-5780 FAX: (202) 514-1793 • R. Alexander Acosta, Esq. Tay T,efkowit.z, Esq. • Alexandra Gelber. DATE/TIME: May 16, 2008 OFFICE NUMBER: (202), 514-5780 NUMBER OF PAGES, F-3(CLUE>ING THIS SHEET: 5 SPECIAL INSTRUCTIONS: HOUSE OVERSIGHT 01266905/16/2008 11:16 FAX 05/16/08 FRI 11:08 FAX 0 0 2 / 0 0 6 tJ 002 Child Eaploitarlon and 003-ceraty Section Jay Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 E. 53" St. New York, NY 10022-4611 U.S. Department of Justice Criminal Division Andrew G. Oosterbaan, Chief 1400 A'ew York Avenue, NW Suite 600 Wialtingion, DC20530 (202) 514-5780 FAX: (202) 514-1793 May 15, 2008 Re: Investigation of Jeffery Epstein Dear Mr. Lefkowitz: Pursuant to your request and the request of U.S. Attorney R. Alexander Acosta, we have independently evaluated certain issues raised in the investigation of Jeffrey Epstein to determine whether a decision to prosecute Mr. Epstein for federal criminal violations would contradict criminal enforcement policy interests. As part of our evaluation, we have reviewed letters written on behalf of Mr. Epstein on February 1, 2007, June 25, 2007, July 6, 2007, March 28, 2008, April 8, 2008, April 28, 2008, and May 14, 2008, with their attachments. We have also reviewed memos prepared by the U.S. Attorney's Office. As you will recall, we met with you and other representatives of Mr. Epstein to further discuss your views on the propriety of a federal prosecution. We have discussed the factual and legal issues you raise with the Criminal Division's Appellate Section, and we consulted with the Office of Enforcement Operations concerning the petite policy. We are examining the narrow question as to whether there is a legitimate basis for the U.S. Attorney's Office to proceed with a federal prosecution of Mr. Epstein. Ultimately, the prosecutorial decision making authority within a U.S. Attorney's Office lies with the U.S. Attorney. Therefore, to borrow a phrase from the case law, the question we soudit to answer was whether U.S. Attorney Acosta would abuse his discretion if he authorized prosecution in this case. As you know, our review of this case is limited, both factually and legally. We have not looked at the entire universe of facts in this case. It is not the role of the Criminal Division to re- conduct a complete factual inquiry from scratch. Furthermore, we did not analyze any issues concerning prosecution under federal statutes that do not pertain to child exploitation, such as the money laundering statutes, HOUSE OVERSIGHT 01267005/16/2008 11:16 FAX 05/16/08 FRI 11:08 FAX 0003/006 Q003 As was made clear at the outset, we did not review the facts, circumstances, or terms included in the plea offer, nor any allegations that individuals involved in the investigation engaged in misconduct. Despite that agreement, we note that your letters of April 8, April 28, and May 14 focus in large part on accusations of investigative or prosecutorial misconduct. Not only do allegations of prosecutorial misconduct fall outside the boundary of our agreed review, they also fall outside the authority of the Criminal Division in the first instance. Simply, the Criminal Division does not investigate or resolve allegations of professional misconduct by federal prosecutors. For these reasons, we do not respond to the portion of those letters that discuss alleged misconduct. Based on our review of all of these materials, and after careful consideration of the issues, we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution in this case. We will briefly address each of the issues that you have raised. Knowledge of age. Federal child exploitation statutes differ as to whether there must be proof that the defendant was aware that the children were under the age of 18. However, even for those statutes where knowledge of age is an element of the offense, it is possible to satisfy that element with proof that the defendant was deliberately ignorant of facts which would suggest that the person was a minor. For that reason, the fact that some of the individuals allegedly lied to Mr. Epstein about their age is not dispositive of the issue. While there may be an open factual issue as to Mr. Epstein's knowledge, we cannot say that it would be impossible to prove knowledge of age for any such charges which require it. Therefore, Mr. Acosta could rightfully conclude that this factual issue is best resolved by a jury. Travel for the purpose. In the materials you prepared, you suggest that Mr. Epstein should not be charged with violating 18 U.S.C. § 2423(1,) because his dominant purpose in going to Florida was not to engage in illegal sexual activity, but rather to return to one of his residences. While we fully understand your argument, we also find that the U.S. Attorney's office has a good faith basis fully to develop the facts on this issue and brief the law to permit a court to decide whether the law properly reaches such conduct. Mr. Acosta would not be abusing his discretion if he decided to pursue such a course of action. Intent to engage in the conduct at the time of travel, Based on our review of the facts of this case, we respectfully disagree that there is no evidence concerning Mr. Epstein's intent when he traveled, and when that intent was formed. Should Mr. Acosta elect to let the case proceed so that a jury can resolve this factual issue, he would be within his discretion to do so. Use of a facility or means of interstate or foreign commerce. Much of the materials you have prepared and much of the meeting we had focused on 18 U.S.C. § 2422(b), specifically your contention that Mr. Epstein did not use the phone to coerce anyone to engage in illegal sexual activity.. We understand the issue you raise concerning the statutory interpretation. As before, however, we cannot agree that there is no evidence that would support a charge under Section 2422(b), nor can we agree that there is no argument in support of the application of that statute to this case. Finally, our assessment is that the application of that statute to these facts would not be 2 HOUSE OVERSIGHT 01267105/16/2008 11:16 FAX 05/16/08 FRI 11:09 FAX g1004/006 0004 so novel as to implicate the so-called "clear statement rule," the Ex Post Facto clause, or the Due Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect to 18 § 1591, the alleged absence of the use of force, fraud, or coercion is of no moment. The statute does not require the use of force, fraud, and coercion against minors. Because of their age, a degree of coercion is presumed. In your materials, you note that the statute requires that the minors must be "caused" to engage in a commercial sex act, further arguing that the word "cause" suggests that a certain amount of undue influence was used. We reject that interpretation, as it would read back into the offense an element—coercion—that Congress has expressly excluded. We have successfully prosecuted defendants for the commercial sexual exploitation of minors, even when the minors testified that not only did they voluntarily engage in the commercial, sex acts, it was their idea to do so. As such, Mr. Acosta could properly decide to pursue charges under Section 1591 even if there is no evidence of coercion. More broadly, a defendant's criminal liability does not hinge on his victim identifying as having suffered at his hands. Therefore, a prosecution could proceed, should Mr. Acosta decide to do so, even though some of the young women allegedly have said that they do not view themselves as victims. Witness credibility. As all prosecutors know, there are no perfect witnesses. Particularly in cases involving exploited children, as one member of your defense team, Ms. Thacker, surely knows from her work at CEOS, it is not uncommon for victim-witnesses to give conflicting statements. The prosecutors are in the best position to assess the witness's credibility. Often, the prosecutor may decide that the best approach is to present th.e witness, let defense counsel explore the credibility problems on cross-examination, and let the jury resolve the issue. Mr. Acosta would be within his authority to select that approach, especially when here there are multiple, mutually-corroborating witnesses. Contradictions and omissions in the search warrant application. We have carefully reviewed the factual issues you raise concerning the search warrant application. For a search warrant to be suppressed, however, the factual errors must be material, and the officers must not have proceeded in good faith. Despite the numerous factual errors you describe, the U.S. Attorney's Office could still plausibly argue that the mistakes—whether inadvertent or intentional—were not material to the determination that probable cause existed for a search, and that the search was in good faith in any event. As such, Mr. Acosta could properly elect to defend the search warrant in court rather than forego prosecution. Petite 1?olicy: After reviewing the petite policy and consulting with the Office of Enforcement Operations ("0E0"), we conclude that the petite policy does not prohibit federal prosecution in this case, According to the U.S. Attorney's Manual, the petite policy "applies whenever there has been a prior state or federal prosecution resulting in an acquittal, a conviction, including one resulting from a plea agreement, or a dismissal or other termination of 3 HOUSE OVERSIGHT 01267205/16/2008 11:17 FAX 05/16/08 FRI 11:09 FAX IJ UO05/006 005 the case on the merits after jeopardy has attached." USAIVI 9-2.031(C). Our understanding is that the state case is still pending. As such, tehe procedural posture of the state case does not implicate the petite policy. We recognize that the petite policy could be triggered if the state case concluded after a federal indictment was issued but prior to the commencement of any federal trial. Id. However, the policy "does not apply ... where the [state] prosecution involved only a minor part of the contemplated federal charges." USAM 9-2.031(B). Based on our understanding of the possible federal charges and existing state charges, we do not think the petite policy would be an issue should federal proceedings take place. Federalism and Prosecutorial Discretion. All of the above issues essentially ask whether a federal prosecution can proceed. We understand, however, that you also ask whether a federal prosecution should proceed, even in the event that all of the elements of a federal offense could be proven. On this issue, you raised two arguments: that the conduct at issue here is traditionally a state concern because the activity is entirely local, and that the typical prosecution under federal child exploitation statutes have different facts than the ones implicated here. You have essentially asked us to look into whether a prosecution would so violate federal prosecutorial policy that a United States Attorney's Office should not pursue a prosecution. We do not think that is the case here for the following reasons. Simply, the commercial sexual exploitation of children is a federal concern, even when the conduct is local, and regardless of whether the defendant provided the child (the "pimp") or paid for the child (the `John"). In your materials, you refer to a letter sent by the Department of Justice to Congress in which the Department expresses concern over the expansion of federal laws to reach almost all instances of prostitution. In that portion of the letter, the Department was expressly referring to a proposed federal law that reach adult prostitution where no force, fraud, or coercion was used. Indeed, the point being made in that letter is that the Department's efforts are properly focused on the commercial sexual exploitation of children and the exploitation of adults through the use of force, fraud, or coercion. As such, there is no inconsistency between the position taken in that letter and the federal prosecution of wholly local instances of the commercial sexual exploitation of children. If Congress wanted to limit the reach of federal statutes only to those who profit from the commercial sexual exploitation of children, or only to those who actually traffic children across state lines, it could have done so. It did not. Finally, that a prosecution of Mr. Epstein might not look precisely like the cases that came before it is not dispositive. We can say with confidence that this case is consistent in principle with other federal prosecutions nationwide. As such, Mr. Acosta can soundly exercise his authority to decide to pursue a prosecution even though it might involve a novel application of a federal statute. Conc/usion. After carefully considering all the factual and legal issues raised, as well as the arguments concerning the general propriety ()fa federal case against Mr. Epstein on these 4 HOUSE OVERSIGHT 01267305/16/2008 11:17 FAX 05/16/08 FRI 1110 FAX Q5006/006 12006 facts, we conclude that federal prosecution in this case would not be improper or inappropriate. While you raise many compelling arguments, we do not see anything that says to us categorically that a federal case should not be brought. Mr. Acosta would not be abusing his prosecutorial discretion should he authorize federal prosecution of Mr.. glutei Sincerely 3. Oosterbaan cc: .AAG Alice S. Fisher DAAG Sigal P. Mandelkcr U.S. Attorney R. Alexander Acosta 9:1 5 HOUSE OVERSIGHT 012674TAB 39 HOUSE OVERSIGHT 012675Jay Lefkowitz/New York/Kirkland-Ellis Sent by: Kristin Andersen/New York/Kirkland-Ellis 12/12/2007 04:19 PM To Ami Sheth/New York/Kirkland-Ellis@K&E CC Eugene Kornel/New York/Kirkland-Ellis@K&E bcc Subject Fw: Epstein ---- Forwarded by Kristin Andersen/New York/Kirkland-Ellis on 12/12/2007 04:19 PM Jay Lefkowitz/New York/Kirkland-Ellis To "Sloman, Jeff (USAFLS)" 11/28/2007 04:29 PM cc "Acosta, Alex (USAFLS)" Subject Re: EpsteinCi Dear Jeff: I received your email yesterday and was a little surprised at the tone of your letter, given the fact that we spoke last week and had what I thought was a productive meeting. I was especially surprised given that your letter arrived on only the second day back to work after the Thanksgiving Holiday, and yet your demands regarding timing suggest that I have been sitting on my hands for days. You should know that the first time I learned about Judge Davis's selection of Podhurst and Josephsberg, and indeed the first time I ever heard their names, was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able to confer with my client, and we have determined that the selection of Podhurst and Josephsberg are acceptable to us, reserving, of course, our previously stated objections to the manner in which you have interpreted the section 2255 portions of the Agreement. We do, however, strongly and emphatically object to your sending a letter to the alleged victims. Without a fair opportunity to review and the ability to make objections to this letter, it is completely unacceptable that you would send it without our consideration. Additionally, given that the US Attorney's office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your Office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it is entirely unprecedented, and in any event, inappropriate for the Government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required to notify the alleged victims pursuant to the Justice for All Act of 2004. First, 18 USC section 2255, the relevant statute under the Non-Prosecution Agreement for the settlement of civil remedies, does not have any connection to the Justice for All Act. Section 2255 was enacted as part of a different statute. Second, the Justice for All Act refers to restitution, and section 2255 is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a restitution fund for the alleged HOUSE OVERSIGHT 012676Jay, J.L 10 Li %el V IA 1V111.V,..1..7. .1 10 .7 VIA 13.11%./ VV VVVS 11E411 LJ.L.LV.LVUL FAA./ V 111V Li 1,...,11-11.1.11.1,J11 1111111 101 1.11V 1411051.0 victims in this matter; however that option was rejected by your Office. Had that option been chosen, we would not object to your notifying the alleged victims at this point. At this juncture, however, we do not accept your contention that there is a requirement that the government notify the alleged victims of a potential civil remedy in this case. Accordingly, for all the reasons we have stated above, we respectfully -- and firmly -- object to your sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is to be sent to these individuals, we believe we should have a right to review and make objections to that submission prior to it being sent to any alleged victims. We also request that if your Office believes that it must send a letter to go to the alleged victims, who still have not been identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should then come from the attorney representative, and not from the Government, to avoid any bias. As you know, Judge Starr has requested a meeting with Assistant Attorney General Fisher to address what we believe is the unprecedented nature of the section 2255 component of the Agreement. We are hopeful that this meeting will take place as early as next week. Accordingly, we respectfully request that we postpone our discussion of sending a letter to the alleged victims until after that meeting. We strongly believe that rushing to send any letter out this week is not the wisest manner in which to proceed. Given that Mr. Epstein will not even enter his plea for another few weeks, time is clearly not of the essence regarding any notification to the identified individuals. Thanks very much, Jay "Sloman, Jeff (USAFLS)" 1"Sloman, Jeff (USAFLS)" 11/27/2007 01:55 PM To "Jay Lefkowitz" CC "Acosta, Alex (USAFLS)" Subject Epstein Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge Davis' selection, I'd like to make a few observations. First, Guy Lewis has known for some time that Judge Davis was making reasonable efforts to secure Aaron Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge Davis's selection during our meeting last Wednesday, November 2e, HOUSE OVERSIGHT 012677you and Professor Dershowitz seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long-standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting process come to an end. Therefore, unless you provide me with a good faith objection to Judge Davis's selection by COB tomorrow, November 28, 2007, I will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29th. Thanks, Jeff HOUSE OVERSIGHT 012678TAB 40 HOUSE OVERSIGHT 012679_ **TAX MATTERS- IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. If you would like such advice, please contact us.*** ***Attention: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. -----Message from "A. on Fri, ----- To: "Lilly Subject: Menchel Dear Lilly: Thank you for your letter of August 2nd regarding your proposal on how to resolve the Epstein matter. As we explained at our meeting on July 31, 2007, the Office believes that the federal interest will not be vindicated in the absence of a two-year term of state imprisonment for Mr. Epstein. That offer was not meant as a starting point for negotiations, it is the minimum term of imprisonment that will obviate the need for federal prosecution. The Office has never agreed that a state prison sentence is not appropriate for Mr. Epstein. Rather we simply stated that if Mr. Epstein preferred to serve his sentence in a federal penetentiary, we would be willing to explore a federal conviction that may allow that in lieu of any state resolution. Further, as I made clear in HOUSE OVERSIGHT 012680our follow up telephone conversation after the meeting, a plea to two federal misdemeanors was never extended or meant as an offer. We also would reiterate that the agreement to Section 2255 liability applies to all of the minor girls identified during the federal investigation, not just the 12 that form the basis of an initial planned charging instrument. As you know, the ability to engage in flexible plea negotiations is dramatically changed upon the return of an indictment. Once an indictment is returned, the Office does not intend to file a Superseding Information containing a lesser charge or to dismiss the case in favor of state prosecution. Please let us know your client's decision by no later than August 17. I have conferred with U.S. Attorney Acosta who has asked me to communicate that the two-year term of incarceration is a non-negotiable minimum to vindicate a federal interest, and, at this time, he is not inclined to meet with counsel for Mr. Epstein. Sincerely, R. Alexander Acosta United States Attorney By: Matthew Menchel Chief, Criminal Division cc: Roy Black Gerald Lefcourt R. Alexander Acosta Jeffrey Sloman Andrew Lourie A. Marie Villafaila Margot Moss, Esq. Fowler White Burnett, PA Espirito Santo Plaza 1395 Brickell Avenue, 14th Floor Miami, FL 33131 HOUSE OVERSIGHT 012681TAB 41 HOUSE OVERSIGHT 012682Jay, 10/31/2007 04:33 PM To "Jay Lefkowitz" cc bcc Subject Epstein Your understanding from Jack Goldberger conforms to my understanding that Mr. Epstein's plea and sentence will take place on the same day. I understand that the plea and sentence will occur on or before the January 4th date. Jeff HOUSE OVERSIGHT 012683