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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, May 22, 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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(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¶
BY:¶
Q Good afternoon, Special Agent. A Good afternoon. Q Could you remind the grand jury of your name and with whom you are employed? A It’s¶
I’m a special agent with the FBI here in West Palm Beach and I work violent crimes. Q Are you the case agent on Operation Leap Year? A Yes, I am. Q Okay. Before we get back to our review of the draft proposed indictment, I know that a question was raised regarding whether the grand jury transcripts are being made available to¶
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counsel for the defense, are they?¶
A No.¶
Q And is Mr. Epstein considered a high flight risk by the FBI and the U.S. Attorney’s Office?¶
A Yes, he is.¶
Q So is the status of the investigation in terms of when an indictment might be returned considered highly confidential?¶
A Yes.¶
Q And are there any personal relationships between any members of the U.S. Attorney’s Office and counsel for Mr. Epstein?¶
A Yes.¶
Q And is that one of the reasons why we have decided to use, In Re: Abbott, when referring to this case?¶
A Yes.¶
Q Okay. Now we had left off just prior to the beginning of the discussion of Jane Doe Number Five. Could you tell the grand jury a little bit about Jane Doe Number Five?¶
A Jane Doe Number Five is . Her date of birth is . We have phone activity that began with when she was 17¶
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years old beginning in November of 2004, going through to almost April, I guess, to the end of March 2005.¶
told her that she would need to wear something sexy, that she would be providing Mr. Epstein with a massage and that she would receive $200, and if she was asked she should tell Mr. Epstein that she was 18.¶
On the first massage that went to Mr. Epstein’s house, she removed her shirt at his request and she performed the massage. She was paid $300 for that massage.¶
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During that massage, she told Mr. Epstein that she was 18 years of age. He asked her age. They also discussed many things that was interested in.¶
They talked about his ranch. They talked about horses. They actually also talked about cars. At one point later on, Mr. Epstein let’s her drive a brand new Lexus, test drive a brand new Lexus. So those were some of her interests and Mr. Epstein talked to her about that.¶
told us that the massages became more sexual in nature and she stated that she did more than ten massages, but that she couldn’t quite put a number on how many massages she provided to Mr. Epstein, but it was definitely more than ten.¶
She was not — when she was interviewed by the Palm Beach Police Department, she did tell them that it was more around five or six massages. She stated that she minimized to the detectives when they came to interview her.¶
They came to her house and her dad was due home any time and what was foremost on her mind was my dad is going to be here any minute.¶
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She cooperated.¶
She told them what had happened, but she minimized it more in an effort that she just wanted them to leave before her parents got home. At this point, her parents were not aware of what took place.¶
As the massages became more sexual in nature, she describes that the first sexual massage — he always instructed her on what to do, and on the first massage he had asked her to remove her clothing.¶
She was down to her underwear at this point. He asked her to straddle him while he laid face up and continued to massage his chest and pinch his nipples and rub his chest. He at that point reached through her legs and masturbated.¶
On another occasion, she was completely nude and she did several of the massages in the nude for Mr. Epstein.¶
In this particular massage, she stated that Mr. Epstein licked his hand and went down and stroked and actually penetrated her¶
She pulled away and he said that he wanted to touch her and that he also wanted to¶
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taste her. He stopped at that time, but then before the massage was over, he her again.¶
He had used a back massager on her on at least two occasions. She did not like that and she told him that and he responded something to the effect: What are you scared to have pleasure? And she told him she didn’t like it.¶
On the second to the last massage that gave Mr. Epstein, she was giving him a massage and he took her into the bedroom and asked her to get fully unclothed.¶
He actually took a phone call and told her that she should get undressed and lay on the bed completely naked. He just wanted to look at her. He took his phone call.¶
After the phone call was over, he ended up as well as performing oral sex on . She said that she felt very dirty after that massage or after that time and she had decided that the next massage would be her last massage, that she did not want to go back.¶
During the last massage she gave, she kept looking at the clock. Mr. Epstein commented¶
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and noticed that she was looking at the clock and she made reference to that her boyfriend was waiting and Mr. Epstein said that, you know, she was ruining his massage and that if she didn’t want to be here she should leave.¶
She told him at this time this would be her last massage. She was paid anywhere from $300 to $600 during the time that she worked for Mr. Epstein. It was who took her upstairs that first time or took her upstairs and set up the massage table.¶
She was given some gifts by Mr. Epstein as well. She received bra and pantie sets from him, Victoria Secret bra and pantie sets. She also received a book of poetry from Mr. Epstein.¶
She was Western Unioned a wire of $200 as a Christmas bonus to from Mr. Epstein.¶
Q How did get to and from Mr. Epstein’s home?¶
A She had a vehicle that she would drive if she didn’t ride with one of the other girls. If she was grounded and could not get to Mr. Epstein’s house, he would send a car for her.¶
There was a local taxi service and she stated that on several occasions it was a Lincoln¶
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December 23, 2004, Defendant Epstein caused a Western Union wire transfer order to be sent to Jane Doe Number Five.¶
A We have statements and we also have the Western Union receipt showing that she received that amount of money.¶
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discussed earlier during the massage the sexual activity that took place, the straddling of him by where he began to masturbate between his — between her legs, excuse me, while she continued to massage him and rub his nipples, him asking her to become completely nude.¶
He her, as we talked about. He used a back massager on her on at least two occasions, and he had sexual intercourse with Felicia as well as performed oral sex on anywhere from $300 to $600. He provided her with gifts, a poetry book, Victoria Secret underwear. It was who had set up the room with the massage table and set out the oils.¶
And then, of course, we did discuss the private car that was sent to her when she wasn’t available to drive herself. He did pay a — I didn’t mention this earlier — he paid a truck payment for her when she was short on money. So that was another thing that Mr. Epstein provided to , and she was 17 during all of this activity.¶
Q All right. And if I could refer you to¶
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Count Number 53, which is the sex trafficking offense. Is the information that you just summarized the same information that supports that count?¶
A Yes. The only thing I wanted to tell you regarding her age, she told Mr. Epstein that she was 18 on the first visit. A couple of visits later they discussed her birthday. They were talking about her birthday and her plans for her birthday and Mr. Epstein asked her — said something to the effect like: You are going to be 18? And she said yes.¶
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massage topless. He asked her to take her skirt and her shirt off.¶
She said no at first and later in the massage, the way puts it, is that he talked her into it and she removed her shirt, which she was not wearing a bra at the time.¶
Mr. Epstein fondled her breasts. He asked her to remove her panties and she said no. He masturbated and as soon as he ejaculated, the massage was over. She was paid $200 for that.¶
She, at that point, she did start working for Epstein on a regular basis. She indicated that she had been there hundreds of times over this time period.¶
She told us — and I’m going to read a quote to you that she said to me or said to not to me but to law enforcement — she said — and this is referring to after the first time that she went there.¶
She said I first told him that I had a problem with it, what happened the first time, but $200 for 45 minutes that was a lot for a 16-year-old girl making six bucks an hour.¶
Now that was a statement she made to law enforcement. Going through her phone records and¶
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during her interview with law enforcement, she goes back and forth on whether she is 16 or 17.¶
It’s now over a year since she started working — a year and a half since she started working for Mr. Epstein and going back and trying to retrace her age, she did say that, but we believe at that time she was 17 due to the phone contact.¶
So we are not sure when that first massage started, but the phone contact with began in July of ‘04 when she would have been 17.¶
Q And just to be clear, during that interview with law enforcement, did have access to her phone records?¶
A No.¶
Q And the interviewing officer also didn’t have access to those records, correct?¶
A No.¶
Q So she was just saying she couldn’t remember if she was 16 or 17 at the time?¶
A Right.¶
As I said, she became kind of a regular. He increased her pay to $300 to $400 as long as he could touch her. She stated that the massages¶
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four or five times with his penis and she had a rule with Mr. Epstein that at first was that he would not ever penetrate her with any object, anything.¶
believes that that car was bought for her. We have reason to believe it was most likely rented and we are determining that right now, but he gave her this.¶
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that back to him before she got out of high school. And she said, and this is her quote: It got too sticky for me. He wanted more than I was willing to give.¶
She stated that Epstein requested her to have sex with him multiple times and also wanted him to — wanted her to perform oral sex on him and she refused to do that, and Mr. Epstein knew that that was not going to happen.¶
And, again, that’s one of the reasons why she ended up giving back the car because it just was getting a little bit, as she referred to, sticky for her.¶
After that occasion, where he did penetrate her vagina, he paid her $1,000 after that. Some of the gifts that she received other than the car, she describes that as Victoria Secret underwear and a bra and pantie set she received.¶
She received Christmas bonuses, movie tickets, VIP show tickets. She went to the David Copperfield show. She met with him. She went to the after party. She received a Louis Vuitton bag.¶
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and Mr. Epstein sent her a dozen roses — or two dozen roses, I believe, to her high school, had them delivered to her high school while she was performing at this play.¶
He also for her 18th birthday, he flew her to New York for her 18th birthday, and she was flown up there on her birthday and that was done because Mr. Epstein didn’t want to have to deal with the parental consent needed to fly somebody under the age of 18 to New York.¶
So on her 18th birthday with his funding, she flew to New York. She received show tickets to the Phantom of the Opera. Epstein was not present in New York at this time. He was called away and was not there.¶
So she does have friends in New York and she stayed with those friends and attended the show that Mr. Epstein had purchased those tickets for. The other thing about is she said that she would get paid every time she would go over there and she said she feels like she went over there hundreds of times.¶
She said that sometimes he would just have her naked watching TV or reading a book. He would sometimes just ask her to lay with him¶
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naked. She was still always paid and he would invite her over for breakfast.¶
He would invite her to dinner and sometimes just to use the pool, but that she was always paid for coming over there.¶
Q Let me ask about a couple of other things. You mentioned the specific conversation about she could only fly up on her 18th birthday so that he wouldn’t have to get parental consent for her flight?¶
A Yes.¶
Q And you mentioned the delivery of the roses to the high school. In addition to those, were other events that occurred that should have led Mr. Epstein or probably did lead Mr. Epstein to know that she was under the age of 18?¶
A Yes. One of the things that told me is that she believed she stayed with him so long because she believed that he was going to help her get into New York University, NYU.¶
She provided him on multiple occasions paperwork. One being her transcript. Trying to, you know, do what she could to keep her grades up, do what she could in the hopes that Mr. Epstein with his influence residing in New York was going¶
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to be able to get her into NYU.¶
That again is one of the reasons why she stayed because she felt that if she held on for so long hoping that this dream would come true. She is currently attending and doing very well.¶
Q Do we have any other documentation of receiving payments from someone who worked for Mr. Epstein?¶
A We have It was a house manager for Mr. Epstein and we were able to get his petty cash receipts and in there is a payment that he paid out of his funds to.¶
Q Now was ever shown any photo lineup?¶
A Yes, she was.¶
Q And was she able to identify any of the defendants?¶
A She identified.¶
Q And was that the photo array that was shown to her?¶
A Yes, it was.¶
Q Was — are counsel for the defendants aware of allegations against Mr. Epstein?¶
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A Yes.¶
Q And have they attempted to discredit her?¶
A Yes.¶
Q And is one of the bases for their attempt to discredit her the fact that she didn’t appear before the State Grand Jury?¶
A Yes.¶
Q Are you aware of whether or not was ever subpoenaed to appear before the State Grand Jury?¶
A There was a subpoena issued to her. I’m not sure if she received that. Either she received it the day before or she didn’t receive it at all and I would need to check my notes and she is up in mind you.¶
So she was either served the day before that grand jury convened or she never received it and I would need to check with probably the detective for sure on that.¶
Q Okay. Let’s talk about the allegations related to Jane Doe Number Six in the proposed indictment. If I could refer you to Overt Acts Numbers 21, 26, 34, 38, 49, 51, 52, 55, 62, 68, and 73.¶
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If you could tell the grand jury what the evidence is that supports those allegations?¶
A Review of those phone records on those dates indicate that there was telephonic contact between and as well as statements that she was called by prior to and while Mr. Epstein was in town.¶
Q All right. And if I could refer you to Overt Act Number 57, which states on or about December 4, 2004, Defendant provided a written message to Defendant Epstein regarding Jane Doe Number Six and Jane Doe Number Seven.¶
Could you tell the grand jury about that?¶
A We have reviewed message pads that, again, were obtained in the execution of a state search warrant that indicates that left a message for Mr. Epstein regarding and Britnay, who is Jane Doe Number Seven, and I have that here. If I can read it to you?¶
Q Sure.¶
A For Jeffrey, dated 12-4-2004. The time is 2:55 p.m. It’s from would like to work at 4 p.m. if possible. In parentheses, is scheduled for 5:00 today. The movie is at¶
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Q And with respect to Count Number 54, is that the same evidence that supports that count?¶
A Yes, it does.¶
Q Okay. Before we go on, I know that you mentioned with respect to both Jane Doe Number Five and Jane Doe Number Six that they were introduced to Mr. Epstein by another Jane Doe who will be discussed at a later time?¶
A Yes.¶
MS. VILLAFANA: Any questions about Jane Doe Number Six?¶
Yes.¶
A GRAND JUROR: I don’t know if I’m allowed to ask this, and you don’t have to answer it, but how did the parents — do they ask where she got the car and a Louis Vuitton purse? I mean, how do they not know anything like a car?¶
BY MS. VILLAFANA:¶
Q Did you — have you interviewed its parents?¶
A No.¶
MS. VILLAFANA: Yes.¶
A GRAND JUROR: My question is that I¶
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noticed you are skipping all the travel. Is that something that you are going to discuss?¶
MS. VILLAFANA: In the future. As I mentioned before, there’s — that question is pending and I want to get a definitive answer before we go through that.¶
A GRAND JUROR: Because it is on the next page.¶
A GRAND JUROR: Okay. I’m sorry. Thank you.¶
THE WITNESS: Just to answer a question. The Palm Beach Police Department — did tell the Palm Beach Police Department that her mother believed that she worked there, and I would need to go back and check, but I believe that she worked there as a — I want to say like an assistant or answered the phones or something like that.¶
And at one point, her mother thought there might have been more going on and actually did end going over there for a time period, but then she did resume later.¶
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Western Union.¶
Q All right.¶
Anything you want to ask before we go to the Overt Acts? No. All right.¶
BY MS. VILLAFANA:¶
Q If I could refer you first to Overt Act Number 23, which says on July 16th, 2004, Defendant caused Jane Doe Number Six to make one or more telephone calls to a telephone used by Jane Doe Number Seven.¶
Could you explain what the evidence is supporting that?¶
A Yes. A review of phone records from phone and indicated they had telephonic contact at that time.¶
Q And that was following a telephone contact between and Jane Doe Number Six?¶
A Yes, it was.¶
Q All right. And is that consistent with what Jane Doe Number Seven told you about how she was recruited to go to Mr. Epstein’s house?¶
A Yes.¶
Q Now with respect to Overt Acts 27, 32,¶
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39, 41, 44, 45, 66, 75, 85, 89, and 90, what is the evidence related to those Overt Acts?¶
A Can we skip 89? Q Oh, yes. Let’s skip 89. A A review of the phone records indicate that there was telephonic contact between and on those specific dates as well as the statements of that Sarah would call her in advance or call her while Mr. Epstein was in town. Q All right. And those records show that the phone calls originated with telephone? A Yes. Q Now if I could direct you to Overt Act Number 57, which says on December 4, 2004, Defendant provided a written message to Defendant Epstein regarding Jane Doe Number Six and Jane Doe Number Seven.¶
Is that the phone message that you mentioned earlier today? A Yes, it is. Q Now we skipped Overt Act Number 89, and can you tell the grand jury what the evidence is related to Overt Act Number 89?¶
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Mr. Epstein’s instructions. She was 17 at the time all this activity occurred.¶
Q And what did say about Mr. Epstein’s knowledge of her age?¶
A She told Mr. Epstein how old she was. She told him that she was 17.¶
Q Now was interviewed shortly after the activity ended, correct?¶
A Yes.¶
Q Do you remember the approximate date when Mr. Epstein left Palm Beach County and has returned only for court appearances?¶
A I believe it was October 6th. It was the beginning of October was the last time we have him — or when he left the area.¶
Q And was interviewed by the police shortly after that time?¶
A Yes, she was interviewed on November 8.¶
Q And during that interview, did she explain when the last time was when she had seen Mr. Epstein?¶
A She had said shortly before her birthday.¶
Q And she said it was actually the first week in October?¶
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A Yes.¶
Q Now was later called to appear before the State Grand Jury?¶
A Yes.¶
Q And during that testimony, did she — did she confuse the last day that she saw Mr. Epstein?¶
A Yes. She stated — and this was done I believe in July of ‘06, so this would have been over a year and some months. She did state that the last time she saw Mr. Epstein was the day before her birthday and that is when the sexual intercourse took place.¶
Q Okay. So she thought it was the day before her birthday, but based on her earlier statement and the records that we have, we know it was a few days before her birthday?¶
A¶
Q Okay.¶
Let’s — actually, before we go to the Overt Acts, do you mind if I ask the agent a question outside? I think I caught another error. Excuse us for a moment.¶
and the witness exit the¶
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A GRAND JUROR: The number of times they went to visit versus the number of phone calls. There seems to be a big difference.¶
THE WITNESS: Yes. There’s a lot of phone calls and we have phone calls showing up prior to his arrival and during his arrival and some of the phone calls are lengthy and some of them are, you know, seconds.¶
So either maybe they didn’t get through. We are looking at a cell phone bill and getting those totals from looking at the cell phone bill and the calls just vary in time length and, you know, the only explanation I guess, you know, would be — and that’s just me giving you my opinion — is that, you know, either they didn’t reach each other, so they would continue to call back and forth.¶
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earlier in terms of the tendency of victims of this type of offense to minimize the number of visits, for example, minimize the conduct that they engaged in?¶
A That is true as well.¶
Q So it is possible that the girls went more than five times or ten times?¶
A Yes. I mean, it’s difficult to try to get them to tell you an exact number and that’s why we have approximated, and, again, they have minimized either with local law enforcement and now when we go back either through time or just being able to — you know, the approach, they have been able to tell us a little more of what took place.¶
Again, stated she went hundreds of times. Can we put her down to a number? Two hundred and twenty-five phone calls. You know, we just know that she went a lot of times.¶
You can look at the phone activity of seeing the phone calls that are made prior to his arrival and during his arrival to try to gage when they were there.¶
All right. Any other questions related to Jane Doe Number Eight?¶
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Q Then we have two questions that were raised earlier. One of which was whether there is any evidence to suggest that Mr. Epstein filmed any of these encounters?¶
A We don’t have any evidence at this time. Some of girls were asked that question but there’s no evidence to show that he did or indicate that he did.¶
Q All right. And then the second one was we had talked earlier about Mr. Epstein leaving Florida and not returning. What evidence do you have regarding where Mr. Epstein has been since October of 2005?¶
A He has — and I may have misspoke if I said he has not ever come back. He has come back because of the state charges he has faced. He has had to come into Palm Beach County for that.¶
We do not believe that he has been here other than that since the investigation broke in October of ‘05, other than having to appear before the state charges.¶
We know where Mr. Epstein resides and we have a partner, ICE, Immigration and Customs¶
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Enforcement, who can — is helping us monitor his plane activity, and, although, we were not privy to all of his domestic flights when he comes in and out of the country, we are alerted to that.¶
Q And you mentioned earlier that you interviewed , correct?¶
A Yes.¶
Q Who currently serves in what position of Mr. Epstein?¶
A He is currently the house manager for Mr. Epstein and maintains the property over in Palm Beach.¶
Q And what did he tell you about Mr. Epstein?¶
A He also said that Mr. Epstein has not been back.¶
Q Okay.¶
Any other questions?¶
All right. You guys get a break next. All right. We will see you — I will be out of town next week and I will probably see you the week after that.¶
(Witness was excused.)¶
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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.¶
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