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Memorandum¶
| Subject | Date |
|---|---|
| Third Supplement to Prosecution Memorandum: Operation Leap Year: United States . Jeffrey Epstein, et al. | 2/19/08 |
To: Robert Senior, Chief, Criminal Division Rolando Garcia, Deputy Chief, Criminal Division Karen Atkinson, Chief, Northern Region cc: Drew Oosterbaan Myesha Braden¶
INTRODUCTION¶
This third supplement summarizes the changes to the indictment and prosecution memo since the first presentation in May 2007. The most significant changes are the exclusion of some victims and the inclusion of newly discovered victims. The order of the indictment also has been changed.¶
For the reasons set forth below, a number of girls who were originally considered for the indictment are being excluded at this time. Some may be re-added, but, for strategic reasons, I believe that this indictment should focus on victims who are unknown to Epstein’s counsel. Of the nineteen victims listed in this indictment, eleven were not part of the State investigation. Only one of the girls who testified in the state grand jury is included in our list. We believe that approximately eight of these girls are unknown to the defense.¶
I. VICTIMS DELETED FROM THIS INDICTMENT¶
A. Persons Recruited by R. - G., P., L., S., and L.¶
Myesha Braden and I have discussed the possibility of removing R. and her recruits entirely from the indictment because of the amount of press coverage that has received over her statement to police that she was “like Heidi Fleiss.” has been very unwilling to speak to us and, even after assurances that she would be treated as a victim, she insisted on full immunity before she would meet. Excluding also removes much of the ammunition about Detective Recarey and alleged misrepresentations of¶
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statements to Recarey. also was the person who instructed the girls to say they were 18. The evidence related to girls outside her group about knowledge of age is stronger and will weaken their defense that Epstein had a rule that all of the girls had to be over 18.¶
By removing and treating her as an unindicted co-conspirator, we also make it easier to introduce discussions between and the other defendants and statements to others under the co-conspirator exception to the hearsay rule.¶
Applying this approach would result in the potential removal of seven victims (plus six others). I have removed six for the following reasons:¶
First, I have removed G. was 14 years’ old when she was brought to Epstein’s home by R., one of the Epstein’s main recruiters. At instruction, lied to Epstein about her age–telling him that she was an eighteen-year-old senior at Wellington High School. In her statements to the Palm Beach Police Department and the state grand jury, admitted that Epstein masturbated in her presence and placed a massager/vibrator on her vagina. In statement to immediately after leaving Epstein’s home, and in her statement to the FBI and AUSA Villafaña, admitted that Epstein digitally penetrated her. Epstein’s criminal activity came to light when stepmother learned of a fight between and a friend at school over $300 cash found in purse. cooperated with the Palm Beach Police and made recorded telephone calls with to set up a second “massage” with Epstein. Handwritten notes were found in Epstein’s trash confirming this second meeting.¶
Despite all of this corroborating evidence, is not being included (for now, at least) because her father, and stepmother have filed a civil suit against Epstein seeking “in excess of 50 million dollars.” father is represented by Jeff Herman. father also has been in frequent contact with the journalist at “Vanity Fair” magazine, and, as mentioned in the original pros memo, he has a prior federal fraud conviction. After the suit was filed, mother filed a motion to intervene and to stay the proceedings until turns 18. In her affidavit, mother avers that and her father have been estranged for several months, and that neither knew nor approved of the filing of the lawsuit. If mother is correct, we may decide to add into a superseding indictment, but for now the safer course is to exclude allegations related to her. $^1$¶
1 We are monitoring the status of the litigation and intend to subpoena transcripts of relevant depositions. There also is a possibility that Epstein’s attorneys have violated federal law by distributing to the press identifying information about a child sex abuse victim and by harassing that¶
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and were brought by and their appointments were made between Kellen and performed one massage and performed two. For both girls, Epstein masturbated and tried to touch them but they refused. With S., Epstein became upset that she wouldn’t engage in more sexual activity and he told not to bring her back. Because of the highly probative nature of this testimony related to Epstein’s intent (i.e., no sex/no money), I believe that testimony will be admitted under Rule 404(b).¶
L. has been identified as the plaintiff in the second civil lawsuit filed against Epstein by Jeff Herman. She was 16 years old when she first went to Epstein’s home and was recruited by L., one of friends. L. only went to Epstein’s home once, never told Epstein her age, and was never contacted directly by any of the defendants. contribution to the indictment is outweighed by the presence of the civil suit, so she has been removed.¶
is another girl whom recruited. was 16 when she first went to Epstein’s home. She has admitted to providing massages and that Epstein touched her breast and attempted to touch her vagina. denies any additional sexual activity. recruited one other girl, Shasdy., when Shasdy was 17. Shasdy lives in Venezuela and has not responded to efforts to contact her. The concern with is that she will never completely admit to the sexual activity that occurred. Phone records show that spoke with Sarah Kellen and Nadia Marcinkova more than 60 times. Yet insists that she never provided massages fully nude and Epstein never digitally penetrated her, touched her vagina, or used the massager/vibrator on her. From all of the evidence, it is highly unlikely that Epstein would have allowed to return so frequently without increasing the level of sexual activity. As one of the other girls reported, reputation at school was that she “was a virgin the day she graduated.” I believe that it will be too difficult for her to give up that persona and admit to everything that happened.¶
will still remain as a witness, because she can corroborate many of the statements made by Vanessa Z. Fayth often drove to Epstein’s home and she knew that Epstein gave a vibrator to and that Epstein offered to take to New York and to his island. knew of other gifts given to , including Secret lingerie, birthday flowers, and a rental car.¶
victim. A motion may be filed before Judge Marra on the issue of inappropriate contact with and harassment of .¶
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The one recruit whom I have kept in the indictment is Z. She is currently attending Lynn University on a soccer scholarship. The documentary evidence related to is strong – numerous message pads, including one saying that will be late because of soccer practice, car rental records, 156 calls with Sarah Kellen, 2 calls with Adriana Ross, 13 calls to Epstein’s house, and 20 calls to Epstein’s Palm Beach property manager. Epstein also gave a vibrator and lingerie for her 18th birthday.¶
B. $\underline{\text{M}}$.¶
Although I never intended to use M. as a witness, I did refer to her as one of the Jane Does in the indictment in connection with a massage that she gave together with L. (can testify as an eyewitness.) In light of the outcry from Epstein’s attorneys that does not consider herself a victim, I have used her initials instead.¶
II. VICTIMS ADDED TO THIS INDICTMENT¶
Jane Does #4 and #5 traveled to Epstein’s home together while they were students at Wellington High School. Both had heard at the school that you could get money for massaging Epstein. When they arrived at Epstein’s home, they were met by Kellen, who took them on a tour of the house before leading them to Epstein’s bedroom. Both sat on the couch until Epstein arrived. He arrived shortly thereafter and took a shower. Before he stepped into the shower, Epstein told the girls to get undressed. Jane Doe #4 removed her top and pants; Jane Doe #5 only removed her top.¶
After the girls massaged his back and legs, Epstein turned over and began masturbating. Epstein tried to reach down Jane Doe #5’s pants, and she backed away. Epstein then instructed Jane Doe #4 to play with his nipples while he masturbated. After he ejaculated, Epstein told the girls to get dressed. He paid each girl $200.¶
Afterwards, Kellen attempted to contact Jane Doe #5 multiple times to set up appointments, but she refused. Jane Doe #4 returned, and on her second visit she massaged Epstein alone while wearing only her panties. When he began masturbating, Epstein placed Jane Doe #4 on the massage table, pushed her underwear to one side, and stroked her vagina. He also fondled her breasts. Jane Doe #4 received another $200. At some point during her visits, Epstein asked Jane Doe #4 how old she was, and she told him her true age (17).¶
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Jane Doe #4 recruited Jane Doe #6. On one occasion in the Spring of Jane Doe #6’s junior year, when Jane Doe #6 was 16 years old, she and Jane Doe #4 went to Epstein’s house together. Epstein asked Jane Doe #6 what high school she went to and Jane Doe #6 answered Palm Beach Central High School. Jane Doe #4 took Jane Doe #6 upstairs and told her to remove her clothing. Both girls were wearing only their panties when Epstein entered. Epstein laid down and both girls began massaging him. Epstein then asked Jane Doe #4 to leave. After she left, Epstein began masturbating and grabbing Jane Doe #6, touching her all over. When Jane Doe #6 pulled away, Epstein would grab her and pull her closer. Epstein both digitally penetrated Jane Doe #6 and placed the vibrator/massager on her vagina. Jane Doe #6 was paid $200, but cannot remember who handed the money to her.¶
Jane Doe #6 never returned, but Jane Doe #4 went a few more times. Jane Doe #4 explained that Kellen would always call to set up the appointments.¶
Jane Does #4, #5, and #6 are all referenced in the overt acts section of the indictment. The only telephone contact initiated by Epstein’s group that resulted in sexual conduct was between Jane Doe #4 and Kellen, so Jane Doe #4 is the subject of one of the substantive enticement counts. Also, because Jane Doe #4 told Epstein her true age, I have added a substantive sex trafficking charge related to Jane Doe #4.¶
B. E. (Jane Doe #8)¶
Jane Doe #8 was recruited by in approximately July 2004, when Jane Doe #8 was 17. told Jane Doe #8 that she knew a “filthy rich guy” who would pay girls $200 to $300 for giving a massage. took Jane Doe #8 to Epstein’s home in a taxi. Epstein took a shower before starting the massage and instructed Jane Doe #8 to remove her shirt. Epstein began masturbating and rubbed Jane Doe #8’s vagina over her panties before pushing the underwear aside to stroke her vagina. Epstein told Jane Doe #8, “this is normal, nothing’s wrong.” Epstein paid Jane Doe #8 $200 to $300. During the ride home, told Jane Doe #8 that she had been paid and said, “if you bring someone, you’ll get $200.”¶
Kellen called about a week later inviting Jane Doe #8 to return and telling her that Epstein would pay if she brought a friend. Kellen called Jane Doe #8 eight or nine times. Jane Doe #8 finally told Kellen that she moved out of state to stop her from calling. According to Kellen’s phone records, Kellen called Jane Doe #8 four times in one day when Epstein was in town.¶
Jane Doe #8 is referenced in the overt acts section of the indictment and in one of the¶
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substantive counts of travel in interstate commerce to engage in illicit sexual activity.¶
C. B. (Jane Doe #11)¶
Jane Doe #11 is the first fully-identified New York high school girl. She only provided one massage, but became a recruiter for Epstein. Jane Doe #11 first went to Epstein’s home towards the end of her junior year, when she was seventeen years old. After that first massage, Epstein told Jane Doe #11 that he would pay her to bring more girls.¶
Jane Doe #11 implicates two other Epstein assistants – Lesley Groff and Cecilia Steen. We had anticipated that Groff would be a witness, not a target. When the agents went to Groff’s house to interview her, she went upstairs, claiming she needed to change her baby’s diaper. While upstairs, she called Epstein, causing Epstein to re-route his flight to take Kellen and Marcinkova back to his island. (They were scheduled to fly to New Jersey, where the agents had planned to serve Kellen and Marcinkova with target letters.) After this meeting with Groff, Epstein’s team began negotiating in earnest to end this investigation.¶
FBI New York agents are interviewing several girls identified by Jane Doe #11. At this time, we do not have Lesley Groff’s phone records, so we do not have sufficient evidence to charge her. She is referred to by her initials in the indictment, and we will hopefully be ready to charge her when we supersede the indictment.¶
Jane Doe #11 is referenced in the overt acts but is not part of any substantive counts.¶
D.¶
D. A. (Jane Doe #18) and H. (Jane Doe #19)¶
Jane Doe #18 was recruited by her brother’s friend, Tony Figueroa (referred to in indictment as “A.F.”). Figueroa also was the former boyfriend of (Jane Doe #1). Figueroa recruited several girls to Epstein’s home, including R. Jane Doe #18 attended Royal Palm Beach High School with and recruits. Jane Doe #18 knew that and the other girls were going to Epstein’s house, but they did not know about Jane Doe #18.¶
Figueroa told Jane Doe #18 that she would receive $200 for providing a massage and that she should tell Epstein that she was 18, if he asked. (Epstein never asked.) Figueroa drove Jane Doe #18 to Epstein’s house. Jane Doe #18 describes a similar pattern of activity as that faced by the other victims, with Epstein pushing for more clothes to be removed and more sexual activity with each visit. On her second-to-last visit, Epstein walked Jane Doe¶
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#18 over to a couch, forcibly pushed her panties aside, and digitally penetrated her, without her consent. Jane Doe #18 is still traumatized by this event. She reports that she went through a period of using drugs, but now she is clean and is studying to be a nurse. Jane Doe #18 is only about five feet tall and looks barely eighteen now. She is very concerned about her family finding out about what happened to her, but she is strongly committed to Epstein’s prosecution.¶
What seems most devastating to Jane Doe #18 is that she returned to Epstein’s house after the forcible digital penetration and brought her friend, Jane Doe #19. Jane Doe #19 massaged Epstein’s back and legs. When he turned over, Epstein asked Jane Doe #19 to remove her shirt. She refused and he became upset and ended the massage. Epstein then sent for Jane Doe #18 and reprimanded her for not telling Jane Doe #19 that she would have to perform the massage topless.¶
When Jane Does #18 and #19 left, they called the Royal Palm Beach Police Department, who referred them to the Palm Beach Police. Jane Does #18 and #19 spoke with someone there and reported what happened. After much searching, the Palm Beach Police Department was able to locate a report of this call. The report contains Epstein’s name and address and the names of both girls and describes Epstein as paying $200 for a massage. The girls complained that Epstein insisted that they take off their tops and pants, even though he knew that they were 17. The date of the report is March 5, 2004, less than two weeks after Jane Doe #18’s eighteenth birthday, and when Jane Doe #19 was seventeen years old. [NB: The police report describes a pattern of activity, including dates when Jane Doe #18 was seventeen years old.] Neither Jane Doe #18 nor #19 ever returned to Epstein’s home.¶
Although we have not yet obtained Jane Doe #18’s telephone records, we were able to identify her telephone number, and there are twenty telephone calls that appear on Sarah Kellen’s phone records. All of those calls were outgoing (meaning Kellen called Jane Doe #18.) The telephone calls range in date from August 27, 2003 through March 3, 2004. The phone number is the same one that Jane Doe #18 provided to the Palm Beach Police Department when she made the report against Epstein. Kellen never again called Jane Doe #18 after JD#18 made the report to the Palm Beach Police Department.¶
Both Jane Doe #18 and Jane Doe #19 appear in the overt acts portion of the Indictment. In addition, a count of use of the telephone to entice Jane Doe #18 to engage in prostitution has been added. There was no direct telephone contact between Kellen and Jane Doe #19, so a substantive count has not been added related to her.¶
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III. OTHER CHANGES TO INDICTMENT¶
The overt acts are now organized by victim, or if a group of victims are related, then by group, followed by a separate listing of Epstein’s travel to Palm Beach. This should make the indictment much easier to follow. I also have selected telephone calls that are more closely linked to the dates of the sexual activity rather than focusing exclusively on calls near flights. The number of overt acts has not significantly decreased for the following reason. First, as an initial filing, the included overt acts provide a complete picture of Epstein’s behavior. The Grand Jury’s determination that there is probable cause to believe that all of the acts were committed should help persuade the Magistrate Judge and the District Judge that Epstein is a danger to the community and that the evidence against Epstein is strong. Second, there are cases that suggest that, when a certain number of overt acts are charged in a conspiracy count, but the Government seeks to introduce a large number of uncharged overt acts, those uncharged acts can serve as a variance from/amendment to the Indictment. One of those cases was argued by Gerald Lefcourt – one of Epstein’s attorneys. For those reasons, I have kept most of the overt acts from the original indictment (excluding those related to the Jane Does who have been dropped from the indictment) and have added acts related to the new Jane Does. I still plan to supersede the indictment with information about additional Jane Does from New York or elsewhere and with potential money laundering counts and computer-related counts when those phases of the investigation are completed. At the time I supersede, the overt acts can be reduced.¶
The counts have been reorganized based upon discussions with Myesha Braden from the Child Exploitation Section. She believes that our strongest counts are the child sex trafficking violations (18 U.S.C. § 1591). I have moved those counts forward in the indictment.¶
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