DOJ mutual legal assistance request to the UK to interview Prince Andrew, April 2020

U.S. Department of Justice¶

Criminal Division¶

VAA:WHG:JEC:JTM¶

DOJ No. CRM-182-73090¶

Office of International Affairs¶

Washington, D.C. 20530¶

FROM: The Central Authority of the United States¶

TO: The Central Authority of the United Kingdom¶

SUBJECT: Request for Assistance in the Matter of Material Witness PA¶

DATE: April 3, 2020¶

The Central Authority of the United States of America (“U.S.”) requests the assistance of the Central Authority of the United Kingdom (“UK”) under the 1994 Treaty of Mutual Legal Assistance in Criminal Matters between the U.S. and the UK, as amended by the 16 December 2004 Instrument and exchange of notes (“the Treaty”). The United States Attorney for the Southern District of New York and the Federal Bureau of Investigation (collectively the “U.S. authorities”) seek to interview H.R.H. Prince Andrew Albert Christian Edward, the Duke of York, also known as Andrew Mountbatten-Windsor (“Prince Andrew” or “the witness”), relating to two ongoing criminal investigations. In addition, U.S. authorities seek records of certain communications and meetings between Prince Andrew and the subjects of one investigation.¶

With regard to the interview, U.S. authorities request to conduct a voluntary interview of Prince Andrew and request the assistance of UK authorities in arranging for such an interview. In the event that the witness declines to participate in a voluntary interview, U.S. authorities request that UK authorities conduct a compelled interview of the witness under oath.¶

1¶

EFTA00099391¶

The U.S. authorities may use the requested records and information in the U.S. criminal investigation and proceedings, as defined at Article 19 of the Treaty, and in other U.S. criminal investigations and proceedings, as well as non-criminal judicial or administrative proceedings directly related to the U.S. criminal investigations and proceedings, pursuant to Article 7 of the Treaty.¶

CONFIDENTIALITY¶

The U.S. authorities are conducting ongoing criminal investigations. Notwithstanding that one or more of the persons referenced in this request is aware to some extent of the U.S. authorities’ attention to this matter, this request also recounts specifics and evidentiary detail that may not be known, exposure of which could impede the investigation with regard to the integrity of evidence and witness accounts. Because the persons referenced in this request are generally aware of the U.S. authorities’ investigations, U.S. authorities are not requesting that the existence of this legal assistance request be kept confidential. However, premature notification of the specific subject matter and the questions outlined in the attachments to this request could seriously jeopardize the investigations or compromise any trial, by prompting a witness to alter or prepare his/her answers to specific questions, by prompting others to destroy or tamper with evidence; change patterns of behavior; intimidate potential witnesses; or alert others who could do the same. Accordingly, and pursuant to articles 4(3)(j) and 7 of the Treaty, please keep the contents of this request, including the subject matter of questioning and the questions themselves, confidential and please ensure that they are not shared with any persons (including the witness, the witness’s representatives, or subjects of the investigation), or with any government officials whose knowledge is not absolutely necessary for purposes of executing this request. In addition, please advise all who must be made aware of this request that the contents are to be kept confidential and¶

2¶

EFTA00099392¶

should not be shared with any witness, potential subjects of the investigation or any other persons. If this request cannot be executed without breaching such confidentiality, please notify U.S. authorities through the U.S. Department of Justice, Office of International Affairs prior to taking any action. U.S. authorities also request that UK authorities keep a written log of all those individuals who have been made aware of the contents of this request, noting when those individuals were so made aware.¶

THE FACTS¶

Investigation I: The Jeffrey Epstein Investigation¶

U. S. citizen Jeffrey Epstein is alleged to have engaged in the sexual abuse of minor girls during the period of approximately 1994 through 2005. On or about July 2, 2019, a grand jury in the Southern District of New York returned an Indictment charging Epstein with violations of U.S. criminal laws in connection with his sexual abuse of minors, including with engaging in a conspiracy to sexually traffic in minors. Epstein was arrested pursuant to the Indictment on or about July 6, 2019, and had been detained pending trial in New York. On or about August 10, 2019, Epstein committed suicide in his cell. Notwithstanding Epstein’s death, the investigation that led to his indictment remains ongoing. That ongoing investigation has revealed evidence of additional criminal conduct by Epstein’s associates, including Ghislaine Maxwell.¶

The investigation to date has revealed that Prince Andrew may have been a witness to and/or participant in certain events of relevance to the ongoing investigation. For example, one victim has alleged that Maxwell introduced her to Prince Andrew who, according to this victim, was present for certain of the victim’s interactions with Epstein and Maxwell. Additionally, documentary evidence uncovered during the course of this investigation has revealed information suggesting that Prince Andrew had knowledge that Maxwell recruited females to¶

3¶

EFTA00099393¶

engage in sex acts with Epstein and other men. Finally, there is evidence that Prince Andrew engaged in sexual conduct involving one of Epstein’s victims. Prince Andrew is not presently a target of the investigation, and U.S. authorities have not, to date, gathered evidence that he has committed any crime under U.S. law.¶

Investigation II: The Peter Nygard Investigation¶

The U.S. authorities are investigating Peter Nygard, a Canadian citizen, and other coconspirators’ involvement in an international sex trafficking ring victimizing adult women and minor girls. The investigation concerns, among other things, allegations of sex trafficking at various locations inside and outside the United States, including Nygard’s estate in Lyford Cay, Bahamas, referred to as “Nygard Cay.” Sex trafficking victims were transported internationally, including between the Bahamas and locations in the United States.¶

The investigation of Peter Nygard and others is ongoing and no charges have been filed as of this date. The investigation has revealed that, on at least one occasion, Prince Andrew travelled to Nygard Cay in the Bahamas, a location where Nygard is believed to have trafficked minor and adult female victims. U.S. authorities seek to question Prince Andrew regarding his visit(s) to Nygard Cay during the time period under investigation, and other information he may have about Peter Nygard and related individuals. Prince Andrew is not presently a target of this investigation, and U.S. authorities have not, to date, collected evidence that he committed any crime under U.S. law.¶

4¶

SBU-LAW ENFORCEMENT¶

EFTA00099394¶

THE OFFENSES¶

The criminal conduct being investigated currently implicates the following offenses. Note that pursuant to Articles 7 and 19 of the Treaty, U.S. authorities may determine that additional or different offenses may also be implicated in this matter:¶

Title 18, United States Code, Section 1591¶

Sex Trafficking of Minors and by Force, Fraud, and Coercion¶

(a) Whoever knowingly –¶

(1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person; or¶

(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1), knowing, or, except where the act constituting the violation of paragraph (1) is advertising, in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall [have committed a crime].¶

(b) The punishment for an offense under subsection (a) is –¶

(1) if the offense was effected by means of force, threats of force, fraud, or coercion …or by any combination of such means, or if the person recruited, enticed, harbored, transported, provided, obtained, advertised, patronized, or solicited had not attained the age of 14 years at the time of such offense, by a fine under this title and imprisonment for any term of years not less than 15 or for life; or¶

(2) if he offense was not so effected, and the person recruited, enticed, harbored, transported, provided, obtained, advertised, patronized, or solicited had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title and imprisonment for not less than 10 years or for life. $ ^{1} $¶

1 The penalties stated herein apply to conduct that occurred after July 27, 2006. For conduct that occurred prior to that time, the penalties would be lower and may not include mandatory minimum sentences.¶

5¶

SBU - LAW ENFORCEMENT¶

EFTA00099395¶

Title 18, United States Code, Section 2423¶

Transportation of Minors¶

(a) Transportation with intent to engage in criminal sexual activity¶

(1) A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall [have committed a crime and be] imprisoned not less than 10 years or for life. $ ^{2} $¶

Title 18, United States Code, Section 2422 Coercion and Enticement¶

(1) (b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall [have committed a crime and be] imprisoned not less than 10 years or for life. $ ^{3} $¶

Title 18, United States Code, Section 371

Conspiracy

¶

If two or more persons conspire … to commit any offense against the United States … and one or more of such persons do any act to effect the object of the conspiracy, each shall [have committed a crime and be] imprisoned not more than five years.¶

PERSONS INVOLVED¶

Name: H.R.H. Prince Andrew Albert Christian Edward, Duke of York¶

Also known as Andrew Mountbatten-Windsor¶

Date of birth: 19 February 1960¶

Place of birth: Buckingham Palace, London, England¶

Citizenship: UK¶

Address: Royal Lodge, Windsor, England¶

2 The penalties stated herein apply to conduct that occurred after July 27, 2006. For conduct that occurred prior to that time, the penalties would be lower and may not include mandatory minimum sentences.¶

$ ^{3} $ The penalties stated herein apply to conduct that occurred after July 27, 2006. For conduct that occurred prior to that time, the penalties would be lower and may not include mandatory minimum sentences.¶

6¶

SBU-LAW ENFORCEMENT¶

EFTA00099396¶

Name:	Ghislaine Maxwell
Date of Birth:	25 December 1961
Place of Birth:	Maison-Laffitte, France
Citizenship:	U.S., UK, France

Name:	Peter Nygard
Date of Birth:	24 July 1941
Place of Birth:	Helsinki, Finland
Citizenship:	Canada, Finland

ASSISTANCE NEEDED¶

Voluntary Interview Conducted by U.S. Authorities¶

U. S. authorities seek to conduct an investigative interview of Prince Andrew. U.S. authorities specifically request to conduct the questioning themselves in the presence of UK authorities to ensure that all necessary lines of inquiry are completed in the most efficient fashion. The specific subject matters of questioning are set forth in Attachment A. U.S. authorities further request that the interview be recorded using both video and audio recording equipment. U.S. authorities request that at least two members of each of the following investigatory teams be permitted to attend the questioning:¶

For Investigation I (Epstein):¶

7¶

SBU-LAW ENFORCEMENT¶

EFTA00099397¶

If the witness requests, U.S. authorities are prepared to conduct the interview pursuant to a “proffer letter” similar to that attached as Attachment B. The letter outlines the conditions under which U.S. authorities will not use the witness’s statements against him.¶

4 NYPD detective serving on the FBI task force, and assisting in the federal investigation.¶

5 NYPD detective serving on the FBI task force, and assisting in the federal investigation.¶

8¶

SBU-LAW ENFORCEMENT¶

EFTA00099398¶

Voluntary Interview Conducted by UK Authorities¶

In the event that UK authorities decline to permit the U.S. case team to directly question the witness, U.S. authorities request that UK authorities question the witness about the subject matters set forth in Attachment C. As noted on that list, U.S. authorities request that additional follow-up questions be asked by UK authorities to clarify answers given or to follow relevant lines of inquiry. In the event it would assist UK authorities, U.S. authorities will produce a list of specific questions covering each of the topics outlined in Attachment C.¶

U. S. authorities also request to be present during the questioning of the witness by UK authorities. Those observing would include at least two members of the teams listed above. U.S. authorities also request that they be permitted to propose, during or at the conclusion of the interview, additional questions to be asked by UK authorities of the witness after hearing the witness’s initial responses.¶

U. S. authorities request that UK authorities record the interview using audio and video recording equipment. U.S. authorities further request that the witness be cautioned in the event of a voluntary interview that if he were to provide false information to authorities in connection with this mutual legal assistance request, he could be prosecuted for perverting the course of justice in the UK, and he may be prosecuted for making a false statement, in violation of Title 18, United States Code, Section 1001, in the U.S.¶

Compelled Interview¶

If the witness declines to participate in either type of voluntary interview requested above, U.S. authorities request that UK authorities conduct a compelled interview under oath employing the subject matters set out in Attachment C. As noted above, if it would assist UK authorities, U.S. authorities will produce a list of specific questions covering each of the topics outlined in¶

9¶

SBU-LAW ENFORCEMENT¶

EFTA00099399¶

Attachment C. U.S authorities also request that the compelled interview be audio- or video-recorded. If the witness declines to respond to questions by asserting his right to remain silent, U.S. authorities request that such a declaration be to each question set forth in Exhibit C and that declaration be on the audio or video recording under oath.¶

Prior to conducting the compelled interview, U.S. authorities request that the witness be read the following caution on the record:¶

• Pursuant to the 1994 Treaty of Mutual Legal Assistance in Criminal Matters between the United States of America and the United Kingdom, as amended by the 16 December 2004 Instrument and exchange of notes, and [relevant provisions of UK domestic law], you have been subpoenaed to answer questions under oath.

• Authorities in the United States are conducting an investigation of possible violations of Federal criminal laws including Sex Trafficking in violation of 18 United States Code Section 1591, Transportation of Minors to Engage in Sex in violation of 18 United States Code Section 2423, Coercion and Enticement of Minors to Engage in Sex in violation of 18 United States Code Section 2422, and related crimes.

• You may refuse to answer any question if a truthful answer to the question would tend to incriminate you.

• Anything you do say may be used against you.

• If you have retained counsel, you will be permitted a reasonable opportunity to consult with counsel if you so desire.

• Note that if you make any knowingly false statements you can be prosecuted for perverting the course of justice and other related crimes under the laws of the United Kingdom.

Future Testimony¶

If the witness provides relevant information during the interview, the U.S. authorities request that the witness be asked if he is willing to testify in U.S. criminal proceedings in the Southern District of New York related to one or more of these investigation and any ensuing prosecutions at some future date.¶

10¶

SBU-LAW ENFORCEMENT¶

EFTA00099400¶

Documents¶

U. S. authorities also seek certain records which are relevant to the Epstein Investigation. In particular, the U.S. authorities request production of the following categories of communication, including email, text, recorded or transcribed voicemail, and any other written correspondence or notes of oral communications, which is in the custody or control of the witness or his representatives:¶

a. Any notes or calendar entries reflecting communications or meetings with the following individuals: Jeffrey Epstein; Ghislaine Maxwell; or¶

b. Any documents reflecting travel to the following locations: residence located at 9 East 71st Street, New York, New York; “Zorro Ranch,” located in Santa Fe, New Mexico; 358 El Brillo Way, Palm Beach, Florida; any other property owned or leased by Jeffrey Epstein or Ghislaine Maxwell.¶

c. Any documents, such as receipts or tickets, reflecting events or meals at which the following individuals were present: Jeffrey Epstein; Ghislaine Maxwell; or¶

d. Any communication to, from, or copying Ghislaine Maxwell involving the following topics:___¶

i. ___.¶

ii. Any females Maxwell, Jeffrey Epstein or any associate or representative of Maxwell or Epstein arranged for Prince Andrew to meet;¶

iii. Any females Maxwell, Epstein or any associate or representative of Maxwell or Epstein arranged for other adult men to meet.¶

iv. Massage, massages, and/or masseuses.¶

v. Any investigation into Epstein or is associates, including but not limited to any prosecutions brought by the U.S. authorities against Epstein.¶

vi. Any civil lawsuits threatened or brought against Prince Andrew, Maxwell, Epstein, and/or their associates.¶

vii. Any reference to or evidence of the destruction of evidence, the obstruction of investigations, or other efforts to conceal criminal activity by Epstein, Maxwell, or their associates.¶

viii. Any payments made, in cash or in kind, to Maxwell, Epstein, or their representatives or associates.¶

ix. Any sexual encounters and/or romantic relationships involving Prince Andrew and any female he met through Maxwell and/or Epstein.¶

x. The involvement of Maxwell and/or any associate of Maxwell’s in recruiting, enticing, transporting or trafficking minors for the purpose of engaging in unlawful sexual contact.¶

11¶

SBU-LAW ENFORCEMENT¶

EFTA00099401¶

e. Any communication to, from, or copying Jeffrey Epstein involving the following topics:___¶

i.¶

ii. Any females Epstein or his associates or representatives, including Maxwell, arranged for Prince Andrew to meet.¶

iii. Any females Epstein or his associates or representatives, including Maxwell, arranged for other adult men to meet.¶

iv. Massage, massages, and/or masseuses.¶

v. Any investigation into Epstein or is associates or representatives, including but not limited to any prosecutions brought by the U.S. authorities against Epstein.¶

vi. Any civil lawsuits threatened or brought against Prince Andrew, Maxwell, and/or their associates.¶

vii. Any reference to or evidence of the destruction of evidence, the obstruction of investigations, or other efforts to conceal criminal activity by Epstein, Maxwell, or their associates.¶

viii. Any payments made, in cash or in kind, to Maxwell, Epstein, or their representatives or associates.¶

ix. Any sexual encounters and/or romantic relationships involving Prince Andrew and any female he met through Maxwell and/or Epstein.¶

x. The involvement of Epstein and/or any associate of Epstein’s in recruiting, enticing, transporting or trafficking minors for the purpose of engaging in unlawful sexual contact¶

CONCLUSION¶

We thank you for your assistance with this matter of Material Witness PA and ask that you keep us apprised of all developments.¶

3 April 2020¶

Date¶

Jason E. Carter¶

Associate Director¶

Office of International Affairs¶

Criminal Division¶

U. S. Department of Justice¶

12¶

SBU-LAW ENFORCEMENT¶

EFTA00099402¶

ATTACHMENT A¶

The Jeffrey Epstein Investigation¶

The U.S. Authorities would seek to question Prince Andrew regarding the following topics during a voluntary interview:¶

1. The history and nature of Prince Andrew’s relationship with Jeffrey Epstein.

2. The history and nature of Prince Andrew’s relationship with Ghislaine Maxwell.

3. The history and nature of Prince Andrew’s relationship with

4. The details regarding any trips Prince Andrew took with and/or to visit Maxwell and/or Epstein.

5. The details regarding any trips Maxwell and/or Epstein took to visit Prince Andrew.

6. The details regarding any payments Prince Andrew made to or received from Maxwell, Epstein, or any female associated with Maxwell and/or Epstein.

7. The names and identifying features of any females Prince Andrew met through Epstein and/or Maxwell.

8. The details of any conversations Prince Andrew participated in or witnessed during which anyone discussed Epstein’s sexual preferences, practices or history; Maxwell’s sexual preferences, practices, or history; and/or Maxwell’s role assisting Epstein or other men in locating females with whom to engage in sexual activity.

9. The details of Prince Andrew’s interactions with and/or conversations regarding

10. Communications, including email correspondence, between Prince Andrew and Maxwell regarding Maxwell’s attempts to introduce Prince Andrew to females.

11. Any knowledge Prince Andrew had or may have had of inappropriate relationships, including improper or unlawful sexual contact, involving Epstein and/or his associates with any minor.

12. Prince Andrew’s involvement, if any, in any sexual contact and/or relationship with any person Prince Andrew met through or with Epstein and/or Maxwell.

1¶

SBU - LAW ENFORCEMENT¶