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EISENBERG & FOUTS, P.A.¶
Attorneys At Law¶
JAMES L. EISENBERG¶
Florida Bar Board Certified Criminal Trial Lawyer¶
National Board Of Trial Advocacy Certified Criminal Trial Advocate¶
KAI LI ALOE FOUTS¶
One Clearlake Centre, Suite 704, 250 Australian Avenue South, West Palm Beach, FL 33401¶
February 12, 2007¶
Asst. U.S. Attorney¶
500 South Australian Avenue, Suite 400¶
West Palm Beach, FL 33401¶
Re: Grand Jury Subpoena for¶
Dear¶
As always, it was a pleasure speaking to you the other day. Pursuant to our telephone conference I am writing this letter to proffer my concerns for should she testify without immunity before a federal grand jury. Therefore, allow me to reiterate that Ms. will refuse to voluntarily cooperate with the federal government. She has a good faith basis for her position under the Fifth Amendment to the United States Constitution.¶
We, of course, do not live or work in a vacuum. We have read many inflammatory remarks the Town of Palm Beach Police Chief has made to the media about the state court’s handling of the Jeffrey Epstein investigation. The police chief’s remarks frighten both myself and my client. I am aware that the town police have prepared documents to charge at least one of Mr. Epstein’s lady friends in state court. If they can push to have one lady charged I remain unconvinced that they do not have the ability or political clout to push to have other ladies such as Ms. charged.¶
The proffered facts that raise my concerns are being provided via this proffer letter. Pursuant to our telephone conference agreement, this letter and its contents cannot be used against Mr.¶
Ms. is not at all certain of dates. She does remember meeting Mr. Epstein about three years ago. She is not certain of her age, it could have been when she was sixteen. A girlfriend asked her if she wanted a job giving massages. Ms. agreed because she had knowledge of massages through her mother, who was a masseuse.¶
Ms. went to Mr. Epstein’s house via taxi. Ms. girlfriend instructed Ms. that, if asked, she had to tell Mr. Epstein that she was eighteen years old. The friend was nineteen years old and looked old for her age, so passing for eighteen was not a problem. At¶
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the home Ms. met Mr. Epstein and later gave him a massage. The friend had told Ms. to give the message topless. Mr. Epstein told that if she were at all uncomfortable being topless, not to do it and it was not a requirement of employment as a masseuse. Ms. never touched Mr. Epstein in a sexual way and Mr. Epstein never touched Ms. at all. At one point, Mr. Epstein did ask Ms. her age. Ms. insisted that she was eighteen years old.¶
Ms. continued to see Mr. Epstein over time and massages were given in a similar fashion. She was later asked if her friends wanted to work in a similar way and she asked some girls who did give Mr. Epstein massages. Ms. was never asked to bring girls of any age to Mr. Epstein’s home. When she did have her friends come over, she instructed all of them that if asked, they insist that they were eighteen years old. She is not certain at all of any of these girls’ real ages.¶
In summary, our concern is that if the government believes that Mr. Epstein committed some federal offense, then Ms. could be considered a co-conspirator. We believe no crime was committed. The Fifth Amendment was not intended to protect the guilty, however. It was enacted to protect citizens who fear prosecution notwithstanding their innocence. Our fear of any prosecution, especially in light of the Town police chief’s public remarks, is clearly in good faith.¶