FBI FD-759 authorizing consensual monitoring of a former Epstein employee, Oct. 2009

EFTA00129941¶

FEDERAL BUREAU OF INVESTIGATION¶

Notification of Authority Granted for Use of Electronic Monitoring Equipment - Not Requiring a Court Order¶

Background Information¶

To: Miami Date: 10/28/2009¶

From: Miami For FBI Field Office Use Only¶

CM#:¶

Contact Name: (MM) (FBI) Phone: Extension: Squad: PB-2 Consensual Monitoring Other Electronic Surveillance¶

Case File ID: 72-MM-113327-ELA Title Text: ALFREDO RODRIGUEZ; OBSTRUCTION OF JUSTICE¶

OIA Authority to Consensually Monitor in a Two-Party State¶

Are you seeking OIA Authority for a CHS to consensually monitor in a two-party state?¶

• OIA Authority for CHS to consensually monitor in a two-party state? (OIA authority for CHS is only valid for 90 day increments – additional 90 day increments will require submission of another FD-759)
• OIA Authority for an FBI employee, UCE, cooperating citizen or other party. Consensual monitoring can be authorized for the duration of the investigation unless the monitoring circumstances substantially change.
• No (consensual monitoring can be authorized for the duration of the investigation unless the monitoring circumstances substantially change)
• OIA approval for a CHS shall be maintained in the appropriate CHS file with a copy placed in the appropriate ELSUR file.

Investigation Classification Level¶

• Unclassified
• Confidential
• Secret

72-MM-113327-E2A-2V5¶

EFTA00129942¶

FD-759 Revised 10-01-2009 Page 2	FEDERAL BUREAU OF INVESTIGATION Notification of Authority Granted for Use of Electronic Monitoring Equipment - Not Requiring a Court Order
1. Reason for Proposed Use:		2. Types of Equipment:
Collect Evidence		Telephone
		Body Recorder
		CCTV without Audio
		2a. Equipment Concealed: In a Telephone On a Person In a Motel Room
3. Interceptee(s): (If Public Official, Include Title and Entity)		4. Consenting Party (Identify ONLY on Field Office Copy):
Name: Alfredo Rodriguez		UCE Protect Identity Source #:
And others yet unknown		4a. The following mandatory requirements have been or will be met prior to Consensual Monitoring taking place:
		National Security Criminal
		Consenting party has agreed to testify;
		Consenting party has agreed to execute the consent form prior to monitoring/recording;& Recording/transmitting device will be activated only when consenting party is present.

EFTA00129943¶

FEDERAL BUREAU OF INVESTIGATION¶

Notification of Authority Granted for Use of Electronic Monitoring Equipment - Not Requiring a Court Order¶

5. Location where monitoring will likely occur:

Location (City, County or Other)	Southern District of Florida
State	Florida
Will the monitoring occur in the territory of another division?	Yes No

6. Duration of proposed use:

• For the duration of investigation (including OIA for FBI employees)
• For 90 days (OIA for CHS - renew every 90 days)

6b. Check box if verbal authority was obtained.¶

Name: [M…] Date: 10/28/2009¶

7. Chief Division Counsel (CDC)/Office of the General Counsel (OGC) has been contacted, foresees no entrapment, and has advised monitoring is legal & appropriate.

Name: [MM] (FBI)
Date of Contact: 10/28/2009

8. Violations

Title: 18 U.S.C.: 1509 & 1510¶

EFTA00129944¶

FD-759 Revised 10-01-2009 Page 4¶

FEDERAL BUREAU OF INVESTIGATION Notification of Authority Granted for Use of Electronic Monitoring Equipment - Not Requiring a Court Order¶

9. DOJ approval is required if the requested monitoring includes any of the following sensitive circumstances (Check all that apply):

☐ Monitoring relates to an investigation of a member of Congress, a federal judge, a member of the Executive Branch at Level IV or above, or a person who has served in such capacity within the previous 2 years.¶

☐ Monitoring relates to an investigation of the Governor, Lieutenant Governor, or attorney General of any state or territory, or a judge or justice of the highest court of and State or Territory, and the offense investigated is one involving bribery, conflict of interest, or extortion relating to the performance of his/her official duties.¶

☐ Consenting/non-consenting party is or has been a member of the Witness Security Program and that fact is known to the agency involved or its officers.¶

☐ Consenting/non-consenting party is in the custody of the Bureau of Prisons of the U.S. Marshals Service.¶

☐ Attorney General, Deputy Attorney General, Associate Attorney General, Assistant Attorney General for the Criminal Division, or the U.S. Attorney in the district where an investigation is being conducted has requested the investigating agency obtain prior written consent for making a consensual interception in a specific investigation.¶

10. Symmetry of Case (the synopsis of the investigation should articulate pertinent, timely facts and predication for which the purpose of the consensual monitoring is requested).

On or about August of 2009, Bradley James Edwards, date of birth was contacted by Alfredo Rodriguez, date of birth Edwards is an attorney who is representing four female individuals who are suing Jeffrey Epstein. Rodriguez was an employee for Epstein. Edward’s deposed Rodriguez and served him with a federal subpoena to provide any and all documents relating to the case. Rodriguez is trying to sell Edwards documents that he claims are pertinent to the civil case. Edwards explained to Rodriguez that his demands are illegal and that he was obligated under the subpoena to turn the documents over. Rodriguez is still demanding $50,000.00 for the documents. Edwards will make a consensual call to Rodriguez and introduce an Under Cover Employee (UCE) to complete the transaction. The UCE will meet with Rodriguez to collect criminal conversation and set up a meeting. UCE will meet with Rodriguez to collect criminal conversation and complete the transaction.¶

Some states, by law, do not authorize one party consensual recording of conversations nor provide for a law enforcement exception to this prohibition. Under the AGG-Dom, one party consensual recording of communications to, from, or within such states is Otherwise Illegal Activity. By signature below, the SAC, or a designee, approves the consenting party’s Otherwise Illegal Activity in conducting one party consensual recordings of communications when one or both parties are in a state requiring two party consent.¶

Approval/Review
11. Signed
Date:
13. SAC (if applicable)
Signature:

FBI HQ Approvals¶

14. Unit Chief (If sensitive circumstances exist) Signature: Date: