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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA¶
RE: OPERATION LEAP YEAR¶
TESTIMONY OF SPECIAL AGENT¶
Federal Grand Jury 07-103 Federal Building U.S. Courthouse West Palm Beach, Florida Tuesday, March 20, 2007¶
APPEARANCES:¶
Assistant United States Attorney¶
Foreperson¶
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The sworn testimony of SPECIAL AGENT was taken before the Federal Grand Jury, West Palm Beach Division, Federal Building, U.S. Courthouse, Palm Beach County, State of Florida, on Tuesday, March 20, 2007.¶
Certified Court Reporter and Notary Public, State of Florida, Official Reporting Service, LLC, 524 South Andrews Avenue, Suite 302N, Fort Lauderdale, Florida, 33301, was authorized to and did report the sworn testimony.¶
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THE FOREPERSON: You do solemnly swear that the testimony you give will be the truth, the whole truth, and nothing but the truth, so help you God?¶
THE FOREPERSON: Thank you. Please be seated.¶
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Q And do you know approximately when those photographs were taken?¶
A They were taken during the same time period that we are investigating, ‘04 and ‘05. There may have been a few in ‘03, but it was within a year’s time of six months within the activity that we are investigating.¶
Q All right. Let me show you what has been marked as Grand Jury Exhibits 1 and 2, and can you tell us what Exhibit 1 is?¶
A Exhibit 1 is and it’s a photograph of her with her date of birth listed.¶
Q And what is Exhibit 2?¶
A A photograph of with her date of birth as well on it.¶
And I will just pass those to the grand jury.¶
BY¶
Q Now the last time that we were here, you had described how had brought to Mr. Epstein’s home?¶
A Yes.¶
Q Did bring other girls to the Epstein house?¶
A Yes, she did.¶
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Q Let me show what has been marked as Grand Jury Exhibit Number 3, and what is Exhibit 3?¶
A This is a photograph of with her date of birth,¶
Q Now you mentioned that in March of 2004 and April of 2004, there are these records of phone calls and did say how old she was when she first went to Mr. Epstein’s house?¶
A I’m sorry. Did say how old she was?¶
Q Did she tell you or the police officers how old she was?¶
A Yes. I’m sorry. I thought your question was did she tell Mr. Epstein.¶
She told me that she was 16 when she went to Mr. Epstein’s house.¶
Q Okay. That is consistent with those phones calls?¶
A Yes, it is.¶
Q Okay. Now during her first visit with Mr. Epstein, what happened?¶
A She went to Mr. Epstein’s house. took her there. told her she didn’t have her driver’s license at that time, which she told¶
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her she got her driver’s license when she was 17.¶
So drove her to Mr. Epstein’s house. She provided Mr. Epstein with a few massages. She remained clothed both times that she gave him a massage. At this time, she kept her clothes on.¶
I think one time she was wearing shorts and a T-shirt, maybe the second time she was wearing jeans and a T-shirt. That he constantly grabbed and pulled at her during the massage trying to draw her closer to him, but at that time, you know, there was no sexual activity other than the grabbing and pulling.¶
There was no sexual activity that took place on those first couple of massages, and she remained clothed at that time.¶
Q Now after those first few massages, was there a break in time before returns to the Epstein house?¶
A told us that she and had some kind of a fight or a disagreement, a breakup in their relationship, so there was a time period where she did not go back to Mr. Epstein’s house.¶
Q And when — did there then come a time¶
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them as a vibrator. We have had some girls just describe them as a back massager and then we also had girls describe them as both, because of the size of it, I think some girls are more aware of what a vibrator would look like due to their ages.¶
You know, I don’t know that everybody knew exactly what a sexual vibrator looked like, but they all vibrated, and we have actually had that described, and described it as both, a vibrator slash massager, saying that it was, you know, large in nature.¶
Q Okay. Now in addition to using that massager and was there other sexual activity?¶
A Yes. Several times during the massages, Mr. Epstein would have straddle him while he laid on his stomach and then he would reach between her legs and masturbate and occasionally —¶
Q And this is when he was laying on his back not his stomach?¶
A I’m sorry. Did I say that?¶
Q You said on his stomach.¶
A He is laying on his back. She’s on top of him straddled, and he is reaching between her¶
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masturbating, and he has attempted to put his penis on never penetrating her, but that was what was described to us by¶
Q Now when was first interviewed by the Palm Beach Police?¶
A She was interviewed October 6th of 2005.¶
Q And at that time, did she say when her last visit was to Mr. Epstein’s house?¶
A Yes, she said October 1st, 2005, was the last massage that she had given Mr. Epstein.¶
Q Is there any other evidence that was recovered from Mr. Epstein’s or his household items that would confirm that statement?¶
A We have a message pad. During the search warrant, several of the message pads — I don’t know if we referred to them at this stage. We may not have.¶
We recovered — well, I shouldn’t say we, the Palm Beach Police Department recovered several message pads. They were carbon copy message pads.¶
So we have several of those books from their search warrant and in there, there is a message on October 1st confirming appointment for the massage as well as another¶
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girl,¶
Q And is there also evidence that and actually spoke on October 1st before that message?¶
A We have cell phone calls between and as well as the message which was from to Jeffrey regarding — confirming the appointment for but we have a cell phone call I believe it was a little bit earlier from to or maybe it was to, but it is definitely between the two of them on that same day.¶
Q All right. When was interviewed by the Palm Beach Police Department, did she describe all of the sexual activity?¶
A No, she did not. She did not tell them about the vibrator or the — she didn’t tell them about the vibrator or¶
Q And, again, you said that when you brought up — did you sort of confront her with the idea that more had occurred?¶
A I did, and she was very embarrassed about the vibrator. I asked her at one point if Mr. Epstein had given her any gifts and she got very red in the face and began to tear up and you¶
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could see that she was very embarrassed.¶
So we took a little bit of a break, but then she was able to say that Mr. Epstein had provided her as a birthday present a vibrator. So not only was there a vibrator back massager used on her, but at this time — and I think that’s kind of what got talking about the sexual activity that she was able to tell me that, and she was very, very embarrassed, but that Mr. Epstein had given her for her eighteenth birthday a vibrator.¶
Q Now you mentioned that that happened on her eighteenth birthday?¶
A Yes.¶
Q And was she able to tell you whether Mr. Epstein knew it was her eighteenth birthday?¶
A She stated that Mr. Epstein provided to her on her eighteenth birthday the vibrator and shortly — well —¶
Q So before you had said that had instructed to tell everyone that she was 18; do you remember that?¶
A Yes.¶
Q But at some point, the people in the Epstein household learned that she hadn’t turned¶
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A She stated that, that Jeffrey’s assistant, would call her and set up appointments, and that sometimes she would call her on her cell phone from New York, from the Islands, and say that they were coming into town, was she available.¶
She would also call while they were in town to see if she was available for massages, to give massages to Mr. Epstein, and stated that who we have identified as called her a few times as well to set appointments up.¶
Q And when those appointments were made how would reach?¶
A By phone.¶
Q All right. And whether she was in town or out of town, she would call cell phone?¶
A Yes.¶
Q All right. Now was there any — during the interview with the police department, did the police department ask about what she discussed with Jeffrey Epstein during the massages?¶
A I would have to check the police reports¶
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to give specifics on that.¶
Q All right. A My answer to your question is yes. Q Okay. And what did she say were some of the topics of discussion? A Mr. Epstein asked her questions about herself, asked her if she was a soccer player or that — Jeffrey knew that she was a soccer player and asked questions about her college, about where she was going to school.¶
is currently going to and she had advised Mr. Epstein that she would be attending college at¶
Q So that was a — but that was her future plan?¶
A Yes. Q So in other words, did Mr. Epstein know that she was in high school at the time? A Yes, he did. And the Palm Beach Police asked if Jeffrey knew her age and told the Palm Beach Police Department, he didn’t care what my age was. Q Now did describe either to you or to the police department how she would be paid for these massages?¶
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performed two to three massages out of those five or ten and in her underwear and bra only, and that he would push her each time.¶
He would just push her to do more and on the third — I believe she stated the third or fourth massage, he told her that she could make more money if she removed her clothing, because she stayed clothed during the first few massages, and she was paid $200 for each of those massages.¶
On the third or fourth massage, Mr. Epstein said that she could make more money if she removed her clothing. So around the fourth or fifth time, she did start taking off her clothing down to her underwear and bra only.¶
Q And then what happened when she was at that point of being unclothed?¶
A She would perform the massage. He attempted to touch her, but she always would say no. At one point, her bra does get undone by Mr. Epstein, but she does keep it up.¶
Q Now that was the extent of his touching.¶
A At some point, did he begin masturbating in front of her?¶
A Yes, he did. Not in the very beginning, but throughout this he did. Now I should tell you¶
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that stated to us that because she was kind of reserved or held back as he made advances towards her, she was able to see Mr. Epstein’s penis and that he was masturbating, but that he never finished, that he never ejaculated. She did not feel that Mr. Epstein liked her very much.¶
Q But just to sort of compare what said with what said, they both said that at the beginning they remained clothed?¶
A Yes.¶
Q And that Mr. Epstein progressively pushed and pushed and pushed for more sexual activity?¶
A Yes.¶
Q Now what was the period of time that went to Mr. Epstein’s home?¶
A March of — I’m sorry, spring of ‘05 is when said that she went there and around, you know, the investigation is heating up with Palm Beach, so we know that in September of ‘05, there was a trash pull done, and in that trash pull there was a message and that was found and it stated — it had phone number on it and it stated, for a good time call and¶
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The sworn testimony of SPECIAL AGENT was taken before the Federal Grand Jury, West Palm Beach Division, Federal Building, U.S. Courthouse, Palm Beach County, State of Florida, on Tuesday, April 24, 2007.¶
Reporter and Notary Public, State of Florida, Official Reporting Service, LLC, 524 South Andrews Avenue, Suite 302N, Fort Lauderdale, Florida, 33301, was authorized to and did report the sworn testimony.¶
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(Witness enters the Grand Jury Room.)¶
THE FOREPERSON: You do solemnly swear that the testimony you give will be the truth, the whole truth, and nothing but the truth, so help you God?¶
THE WITNESS: I do.¶
THE FOREPERSON: Thank you. Please be seated.¶
EXAMINATION¶
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Q Did you attempt to interview her? She’s going to be coming in, and she is not a minor anymore, so what is her full name?¶
A Her name is and I did attempt to interview and was interviewed by Palm Beach Police Department and because of the statements she provided to the police department, she felt as if she needed a lawyer. So when I attempted to interview her, we ended up going through her lawyer.¶
Q And just so the grand jury has a little bit of background, the interview with the Palm Beach Police Department was quite some time ago?¶
A Yes, it was, in the fall of ‘05.¶
Q And when started that conversation with the police, she was very forthcoming?¶
A Yes, she was.¶
Q Fully cooperative?¶
A Yes.¶
Q And what happened in the middle of that interview with the police?¶
A The police just let know that she could be charged because brought some of the girls to Mr. Epstein and the police — she was¶
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very cooperative, but the police at that point had to let know that what she had done that she could be facing charges.¶
Q And that was after they had told her earlier that she didn’t need an attorney present, correct?¶
A Exactly.¶
Q Okay. So this happens to her with the Palm Beach Police Department and did the Palm Beach Police actually present or propose charging Ms.¶
A They did get a probable cause affidavit against¶
Q And is that why Ms. and her attorney were concerned about her testimony here?¶
A Yes.¶
Q Now was a subpoena issued for Ms. on behalf of this grand jury?¶
A Yes, it was.¶
Q And before Ms. would comply with that, did she — did her attorney request some sort of order?¶
A Yes.¶
Q And what did he ask for?¶
A He asked for immunity for¶
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Q And let me show you the order, that is a sealed order in these grand jury proceedings. Now the immunity that has been provided for Ms. keeps her statements that are made here from being used against her?¶
A Yes, it does.¶
Q It doesn’t — if she commits perjury and she lies to the grand jury, can she still be charged?¶
A Yes, she can.¶
Q Okay. Could you read that? I know it is only two pages.¶
A Sealed order, on application of the United States Attorneys for the Southern District of Florida and it appearing to the satisfaction of the court that has been called to testify and to provide other information before the United States District Court, the Southern District of Florida, including a grand jury impaneled therein.¶
And number two, that in a judgment of the said United States Attorneys, has refused to testify and provide other information on the basis of her privilege against self incrimination.¶
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And that number three, in the judgment of the United States Attorneys, the testimony and other information from made necessary to the public interest.¶
And number four, that the aforesaid application has been made with the approval of the Assistant Attorney General in charge of the criminal division of the Department of Justice or a duly designated acting Assistant Attorney General pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Section 0.175 and 0.132, small e.¶
Now, therefore, it is ordered pursuant to Title 18, United States Code, Section 6002, that give testimony and provide other information which she refuses to give or to provide on the basis of her privilege against self incrimination as to all matters about which she may be interrogated before said United States District Court including a grand jury impaneled therein as well as any subsequent proceeding or trial.¶
However, no testimony or other information compelled under this order or any¶
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information directly or indirectly derived from such testimony or other information may be used against in any criminal case except a prosecution for perjury giving a false statement or otherwise failing to comply with this order.¶
It is further ordered that this order shall be sealed in accordance with said Federal Regulations Criminal.¶
BY :¶
A Federal Rule of Criminal Procedure, it’s abbreviated, 6, little e, 6, except that a copy of this order shall be provided to counsel for the United States who may disclose the existence of the order to members of the grand jury, to the witness, to the counsel for the witness, and to law enforcement officers engaged in the investigation pending before the grand jury.¶
Those persons may review the order, but may not retain a copy of the order nor may it disclose the existence of the order to any others. Done and ordered the 16th day of April 2007, at West Palm Beach, Florida. The United States District Judge Donald M. Middlebrook, AUSA.¶
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Q All right. So has a copy or has this document been shown to counsel for Ms.¶
A Yes, it has.¶
Q And to Ms.¶
A Yes.¶
Q And will Ms. be here this afternoon?¶
A Yes, she will.¶
Q Have you had a chance to sit with her?¶
A Yes, we have.¶
Q And she has been very forthcoming?¶
A She’s very cooperative.¶
Q Okay.¶
I don’t have any further questions for the witness. Do you have any questions? All right. Seeing no questions, you are excused and I think that right now you are set to come back at 1:15. How does 1:30 sound? Is that all right?¶
THE FOREPERSON: Fine.¶
(Witness was excused.)¶
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CERTIFICATE OF REPORTER¶
I, Certified Court Reporter and Notary Public, do certify that the transcript is a true and correct transcription of my stenotype notes of the testimony of SPECIAL AGENT taken before the Federal Grand Jury, West Palm Beach, Florida.¶
Certified Court Reporter¶
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