## Exhibit 5 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2 GOVERNMENT OF THE UNITED ) 3 STATES VIRGIN ISLANDS ) ) 4 Plaintiff, ) ) 5 vs. ) 1:22-cv-10904-JSR ) 6 JPMORGAN CHASE BANK, N.A., ) ) 7 Defendant/Third- ) Party Plaintiff. ) 8 ) JPMORGAN CHASE BANK, N.A. ) 9 ) Third-Party ) 10 Plaintiff, ) ) 11 vs. ) ) 12 JAMES EDWARD STALEY, ) ) 13 Third-Party ) Defendant. ) 14 THURSDAY, JULY 6, 2023 15 CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER 16 17 Videotaped deposition of Special Agent Fonseca, FBI (Retired), held at 18 the offices of WilmerHale, 250 Greenwich Street, New York, New York, commencing at 19 9:07 a.m. Eastern, on the above date, before Carrie A. , Registered Diplomate 20 Reporter and Certified Realtime Reporter. 21 22 23 - - - 24 GOLKOW LITIGATION SERVICES 877.370.3377 ph I 917.591.5672 fax 25 deps@golkow.com 1 accounts to see if they were making 2 money, and we'd subpoena those 3 records. 4 QUESTIONS BY MR. PENDELL: 5 Q. How about with a large sex 6 trafficking operation? Do you think that 7 financial information would be useful in a 8 large sex traffic operation? 9 MR. BOUCHOUX: Objection to the 10 form. 11 THE WITNESS: I -- if we follow 12 the approach that we use to 13 investigate sex trafficking cases, I 14 would think not. 15 QUESTIONS BY MR. PENDELL: 16 Q. When you say "the approach that 17 we use," you're speaking from your 18 experience, correct? 19 A. Yes. Using our approach to 20 interviewing our victims, and as the case 21 develops, starting to -- 22 Q. You understand there are other 23 FBI agents who may have used a different 24 approach in investigating sex trafficking 25 operations; is that fair? 1 MR. BOUCHOUX: Objection to the 2 form. 3 THE WITNESS: I have no idea. 4 QUESTIONS BY MR. PENDELL: 5 Q. Well, let me ask you. Did you 6 read the report of Mr. -- former FBI Special 7 Agent Shaun O'Neill in this case? 8 A. I did. 9 Q. Okay. And according to Special 10 Agent O'Neill, his experience with regards to 11 investigating sex trafficking operations and 12 using banking, financial records to do that 13 is different than yours; is that fair? 14 A. Are you talking about his 15 expert opinion? 16 Q. Yeah. Based on his report. 17 A. It is fair for a very important 18 reason. In the human trafficking cases that 19 it appears he worked were labor trafficking 20 cases, not child sex trafficking cases, given 21 his career where he was in the FBI. So it's 22 not unusual if he decided there's a different 23 way to work his labor trafficking cases. 24 Q. Do you know whether he was ever 25 involved in any child sex trafficking cases? 1 A. Given his résumé -- I don't 2 know if he ever was, but given his résumé, I 3 would say it's highly unlikely. 4 Q. But sitting here today, you 5 can't say one way or another; is that fair? 6 A. I cannot. 7 Q. Okay. Have you ever heard of 8 something called a currency transaction 9 report? 10 A. I have now, yes. 13. 4. And that's sometimes 12 abbreviated as a CTR? 13 A. That's correct. 14 Q. And you say you have now, 15 meaning that since your retention and work on 16 this case, you've heard of a CTR? 17 A. That is correct. 18Q. And had you heard of it prior 19 to your work in this case? 20 A. Not that I recall, no. 21 Q. Okay. And can you tell me 22 generally your understanding as what a CTR 23 of what a CTR is? 24 A. Generally a banking document 25 that provides some form of information on 1 finances, I guess. 2 Q. Can you tell me what triggers 3 the obligation for a financial institution 4 like JPMorgan to file a CTR? 5 A. I have no idea. 6 Q. Can you tell me what is 7 required to be disclosed by a financial 8 institution like JPMorgan in a currency 9 transaction report? 10 A. I do not know. 13. Q. Does a currency transaction report require a financial institution like JPMorgan to disclose the identification of an account holder? 15 A. I don't know that 16 Q. How about the identification of 17 all the signatories to an account at issue? 18 A. I don't know that either. 19 Q. Do you know who at a financial 20 institution prepares a CTR? 21 A. No, I don't. 22 Q. I'm going to represent to you 23 that between 2002 and 2013 there's evidence 24 in this case that JPMorgan filed 25 approximately 150 currency transaction 1 reports regarding cash withdrawals from accounts associated with Mr. Epstein. My question for you is, have you reviewed all of the CTRs in this case? A. I have thumbed through the CTR report, yes. Q. Do you know -- are you able to particularly point to the ones that you reviewed versus didn't review? 10 A. No, I'm not. Q. Would you need to see them in order to say, I've seen this before or not seen it before? A. That would be helpful, yes Q. Do you know if they're all listed in your reliance material or is a subsection of them? 18 A. Offhand, I do not know. Q. Okay. How did you make the determination as to which ones you were going to flip through? 22 A. It was contained as two 23 documents that held them all, so I went through those two documents. 1 the CTRs that you reviewed even mentioned Mr. Epstein's name? 3 A. I do not. Q. You didn't look for that? A. I don't recall how many said his name. Q. But did you look -- did you look specifically for that information? 9 A. I did not. I just thumbed 10 through them to see -- basically see what the 11 documents were. I had never seen them before. Q. Okay. Have you heard of something called a suspicious activity report? A. I have heard of that now as well. Q. Okay. And am I correct also that you heard that now in association with this litigation? A. That's correct. 22 Q. Prior to this litigation, had you ever heard of a suspicious activity report? 1 Q. Prior to this litigation, had 2 you ever seen a suspicious activity report? 3 A. I don't believe I had, no. Q. Okay. Are you able to tell me what triggers the obligation of a financial 6 institution like JPMorgan to file a suspicious activity report? 8 MR. BOUCHOUX: Objection to the 9 form. Outside the scope of the 10 opinion. 11 THE WITNESS: No. There is 12 some reporting requirement, but I 13 don't know what that is. 14 QUESTIONS BY MR. PENDELL: 15 Q. That's outside your area of 16 expertise; is that fair? 17 A. That is correct, yes. 18 Q. Okay. Are you able to describe 19 for me any of the information that is 20 required to be disclosed in a suspicious 21 activity report? 22 A. I am not. 23 Q. Okay. That's outside your 24 expertise as well? 1 Q. Do you have any idea how a 2 suspicious activity report is different, if 3 at all, from a CTR? 4 A. I don't. 5 Q. Do you know who at a financial 6 institution such as JPMorgan is responsible 7 for preparing a suspicious activity report? 8 A. Potentially the same people 9 that prepare the CTRs, but I'm not -- I do 10 not know for sure. 11 Q. And when you say "potentially," 12 that's -- you're guessing? 13 A. Guessing. 14 Q. But you don't know one way or 15 the other? 16 A. I don't. Q. Do you know if a financial institution like JPMorgan is excused from filing a suspicious activity report if it 20 files a CTR? 21 MR. BOUCHOUX: Objection to the 22 form. Outside the scope of the 23 opinion. 24 THE WITNESS: I don't know. 1 QUESTIONS BY MR. PENDELL: 2 Q. Do you understand that 3 suspicious activity reports are not just 4 limited to cash activity? 5 MR. BOUCHOUX: Objection to the 6 form. 7 THE WITNESS: I don't know that 8 as well. 9 QUESTIONS BY MR. PENDELL: 10 Q. Okay. Does the fact that a 11 financial institution has not received a 12 subpoena excuse a financial institution from 13 reporting suspicious activity to law 14 enforcement via a SAR? 15 MR. BOUCHOUX: Objection to the 16 form. Outside the scope of the 17 opinion. 18 THE WITNESS: I have no idea. 19 QUESTIONS BY MR. PENDELL: 20 Q. Okay. Are you aware of whether 21 banking regulators provide guidance to banks 22 on the importance of filing suspicious 23 activity reports? 24 A. I'm not aware of that as well. Q. Okay. But other agents in 2 other field offices may have used them and 3 found them useful? 4 MR. BOUCHOUX: Objection to the 5 form. 6 THE WITNESS: They may have 7 used them. I have no idea if they 8 were useful or not. 9 QUESTIONS BY MR. PENDELL: 10 Q. So let me ask you this, 11 Mr. Fonseca. So -- Fonseca. 12 A. Most want to say Fonseca, 13 but -- 14 Q. II, Fonseca. Okay. I 15 apologize. 16 You told me today that you 17 didn't even know what a suspicious activity 18 report was until you got involved in this 19 case. So how do you know that they would not 20 have been useful in any of your 21 investigations, because you never even looked 22 at them previous? 23 MR. BOUCHOUX: Objection to the 24 form. 1 would think, was fairly successful. I followed tried and true protocols that we had with our victim-center approach of investigating cases of sex trafficking. 6 And I can say in my opinion 7 that they're not -- it's not important 8 because our cases were successful the 9 way we worked them. They didn't 10 require that type of documentation. 13. So I think my experience speaks 12 to the success I had in my casework. ## 13 QUESTIONS BY MR. PENDELL: Q. And sitting here today, you don't know whether or not other agents in 16 other field offices had success in their investigations utilizing suspicious activity reports; is that fair? 19 MR. BOUCHOUX: Objection to the 20 form. 21 THE WITNESS: I would have not 22 much idea on that. And I say "not 23 much" because I didn't interact every 24 day with other offices, so that would 25 be fair. 1 financial records could possibly have helped 2 identify her as a co-conspirator earlier? 3 MR. BOUCHOUX: Objection to the 4 form. 5 THE WITNESS: Only than the 6 date of trial, I have no I have no 7 idea. 8 QUESTIONS BY MR. PENDELL: 9 Q. Okay. You mention in your 10 report at several places that financial 11 records are not useful in validating victim 12 testimony, but you agree that they can be 13 valuable for other purposes in an 14 investigation, right? 15 A. Financial records could be in 16 other investigations, correct. 17 Q. Well, setting aside other 18 investigations, even within a sex trafficking 19 investigation they may be useful for other 20 purposes other than validating victim 21 testimony, right? 22 A. I'm trying to think of an 23 example where that would be true. 24 Q. Well, I'll give you an example 25 here, the Maxwell case. They used the 1 records to show that she was a 2 co-conspirator, didn't they? 3 MR. BOUCHOUX: Objection to the 4 form. 5 THE WITNESS: Again, they used 6 the records, yes. Not being part of 7 that trial, I don't know what that 8 ended up proving. But they did use 9 the records, yes. 10 QUESTIONS BY MR. PENDELL: 11 Q. Did you read the -- strike 12 that. 13 Did you see in the records that 14 you reviewed what she was actually convicted 15 of? 16 A. Yes. 17 Q. And one of the convictions, did 18 it involve being a co-conspirator with 19 Mr. Epstein? 20 A. She was convicted of 21 conspiracy, yes. 22 Q. Okay. Do you know if the 23 investigators in that case used any of the 24 financial records to help identify additional 25 witnesses?