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FBI VOL00009
EFTA00085291
390 sivua
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25 1 number 87. 2 A A review of the phone records indicate that on 3 January 22, 2005 there is telephonic phone contact 4 between numbers belonging to and and 5 I believe I said on January 22nd, 2005. 6 Q Okay. And if you could go to page 17 and 7 address overt act number 101. 8 A On February 14th, 2005 a review of the phone 9 records indicate that there was telephonic contact on 10 between numbers belonging to and 11 as well as statements. 12 Q If you could turn to pages 18 and 19 and if 13 you would address overt acts 106, 114 and 116. 14 A A review of the phone records indicate that 15 there is telephonic contact between and 16 on February 24th, 2005 as well as 17 statements. 18 Q Overt act number 114 says on march 18th, 2005 19 defendant prepared a written message to defendant 20 Epstein regarding Jane Doe number 4, could you tell the 21 Grand Jury what the evidence is related to that? 22 A we have a review of the message pads that were 23 recovered during the search warrant that the State 24 served that showed that wrote a message to 25 Epstein regarding and that was done on March 18th, OFFICIAL REPORTING SERVICE EFTA00085551
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26 1 2005. 2 3 4 5 6 7 8 9 Q Do you happen to remember what the message said? A I have those with me. Q would you mind getting them out? A Do you want to mark it? Q If you could just read it to the Grand Jury. A It is a message written by for Jeffrey on 3/18/2005, it looks like 4:21 p.m., and the message 10 11 reads is it okay if will come at 5:00 and there is a question mark. 12 Q And if 1 could direct you to overt act number 13 116, what the evidence is related to that. 14 A A review of the phone records on March 29th, 15 2005 indicate that there is telephonic contact between 16 17 and statements. as well as her -- 18 Q And if 1 could take you to overt act number 19 127 which is on page 20. 20 A A review of phone records on April 11th, 2005 21 indicate that there is telephonic phone contact between 22 the numbers belonging to and as well 23 as .tatements. 24 Q Now, if you could go to Count number 8, which 25 alleges that between April 25th, 2004 and June 29th, OFFICIAL REPORTING SERVICE EFTA00085552
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27 1 2 3 4 2005 Jeffrey Epstein, Jane Doe number prostitution. A On or enticed or facility of 4 to engage in sexual activity about these dates we have a S interstate commerce, specifically the telephones, 6 and which were utilized to 7 8 set up, arrange have massage appointments for Epstein, we set up the taking upstairs to 9 massage table, she would set the massage table up as 10 well as set up the lotions and the oils, we have during 11 those massages Epstein would grab and pull closer 12 to him as he masturbated, he repeatedly would ask her to 13 remove her clothing, wearing her bra and underwear, 14 Epstein would pull down her bra and grabbed at her 15 16 breast, he attempted but she stopped to touch heft him, he masturbated, she believes one point that 17 he ejaculated, he paid her $200, he told her that he 18 would pay her to bring her pretty friends and would pay 19 her more if she would do more. 20 Q And just so that this is clear to the Grand 21 22 Jury, June 29th of 2005 is the day before Jane Doe number 4 turned 18, is that correct? 23 A Yes. 24 Q So was there activity that continued past her 25 18th birthday? OFFICIAL REPORTING SERVICE EFTA00085553
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28 1 A Yes. 2 Q If 1 could direct you to Count number 17, 3 which appears on page 28, and tell us about the evidence 4 related to that. 5 A we have evidence through flight records that 6 indicate on may 21st, 2004 that Epstein and 7 traveled to Palm Beach County on the 8 Gulfstream, we have telephonic contact between and 9 the day before or the day of travel and we 10 have the sexual conduct between Epstein and as we 11 described earlier in Count 8. 12 Q And if you could go through Counts 18 and 19. 13 A we have flight records that indicate on June 14 4th, 2004 Epstein and traveled to Palm 15 Beach County on the Gulfstream, we have telephone 16 contact between and the day before, 17 the day of travel, we have sexual conduct between 18 Mr. Epstein and as discussed earlier. 19 we have also Count 19 on June 20th, 2004 we 20 have flight records that indicate that Epstein and 21 traveled to Palm Beach County on the Boeing 22 727. 23 we have the telephone contacts between 24 and the day before, the day of travel, we 25 also have the sexual conduct between Jeffrey and OFFICIAL REPORTING SERVICE EFTA00085554
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29 1 as we described earlier in Count 8. 2 Q Could you do the same for Counts 22 and 23, 3 please. 4 A Count 22 we have flight records that indicate 5 on July 22nd, 2004 Epstein, 6 traveled to Palm Beach County on the Boeing 7 727, we have the telephonic phone contact between 8 and the day before or the day of travel, we 9 also have the sexual conduct between Jeffrey Epstein and 10 as we described earlier, and Count 23 we have 11 flight records that indicate on August 6th, 2004 Epstein 12 and traveled to Palm Beach County on the 13 Boeing 727, we have telephonic contact between 14 and two days prior to Epstein and 15 traveling to Palm Beach County, we have sexual 16 conduct between Jeffrey Epstein and as we 17 described earlier. 18 Q And if you could do the same for Count number 19 28, please. 20 A Count number 28 we have flight records that 21 indicate on November 5th, 2004 Epstein, 22 traveled to Palm Beach County on the 23 Gulfstream, we have telephonic contact between 24 and the day before or the day of travel, 25 we have the sexual conduct between Epstein and OFFICIAL REPORTING SERVICE EFTA00085555
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30 1 Q And if I could direct you to Count number 35, 2 you testified previously about the people who were 3 aboard the plane. 4 was there also telephone contact on January 5 6th -- excuse me, shortly before the flight on January 6 6th, 2005 between and this Jane Doe? 7 A Yes, two days before. 8 Q And if you look at Count number 40, again, you 9 had previously told us about who was on board the plane. 10 Can you tell us whether there was also telephone contact 11 shortly before that? 12 A There was telephone contact the day of or the 13 day before. 14 Q All right. Between who and who? 15 A Between and 16 Q Okay. And if you could look at Count 43, you 17 also had testified previously about who was aboard the 18 plane on that day. 19 was there also telephone contact between Jane 20 Doe number 4 -- excuse me, Jane Doe number 4 and 21 ? 22 A Yes, two days before. 23 Q And if I could direct you to Count number 52, 24 which is the sex trafficking offense, and if you could 25 summarize again for the Grand Jury the evidence related OFFICIAL REPORTING SERVICE EFTA00085556
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31 1 2 to that. A we discussed in Count 8 the sexual conduct 3 that occurred between and Epstein during the 4 massages that took place, we talked about the money that 5 was paid to her by Mr. Epstein and the offer of more 6 money if she would do more as well as if she would bring 7 her friends. 8 Through statements we have also that 9 has paid her in the past for bringing a 10 friend, we have the phone activity between 11 and which started in April, 2004, we know 12 was 16 at the time, we also have phone activity between 13 and beginning in the spring of 2005 14 when would be 17, with the statements of and 15 , the knowledge that Mr. Epstein knew their age, 16 and we have gone through that regarding informing 17 Mr. Epstein that she was a junior in high school, that 18 she was classmates withl , and then 19 statements that was concerned because she was 20 discussing prom with Mr. Epstein, and both girls at that 21 time of the phone calls were under the age of 18. 22 Q Just again so it is clear for the Grand Jury, 23 neither nor ever specifically said hey, 24 Jeffrey, I am 17, but they provided information that 25 should have caused him to try to figure out whether in OFFICIAL REPORTING SERVICE EFTA00085557
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32 1 fact they were adults? 2 A Yes. 3 Q Any questions about Jane Doe number 4 before 4 we turn to Jane Doe number 5? Yes, ma'am. 5 A GRAND JUROR: I have to say something here, 6 if it is a stupid question forgive me if it is, 7 from what I heard, maybe I heard wrong, there were 8 three to four massages that Jane Doe, or 9 said that she had and you enumerated quite 10 a few sexual contact. 11 How do you know about this, do you have 12 records, how do you know they were sexual contact? 13 THE WITNESS: Through interviewing 14 A GRAND JUROR: She said she only had three to 15 four massages. 16 A GRAND JUROR: Her question is more like 17 there is 20 phone calls. 18 A GRAND JUROR: There is tons of them. 19 THE WITNESS: Exactly, that is what we were 20 discussing earlier when we discussed that there is 21 more than what is willing to admit at this 22 time. 23 A GRAND JUROR: I got it. So she said she 24 only had three to four. 25 A GRAND JUROR: There is a hundred phone OFFICIAL REPORTING SERVICE EFTA00085558
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33 1 calls. 2 A GRAND JUROR: You said you found out through 3 I am a little bit confused about that. 4 THE WITNESS: Through interviewing she 5 stated that she had three or four massages from 6 Mr. Epstein. 7 BY MS. VILLAFANA: 8 Q Special Agent the sexual activity 9 that you described that went through, that is what 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 she said happened during those three to four massages, correct? A Right. Q Does that answer your question? A GRAND JUROR: Not really. How do we know like about all these 25, 30? A GRAND JUROR: There is more dates that match up with the amount of massages. A GRAND JUROR: There were a hundred phone calls. A GRAND JUROR: Are we supposed to assume a phone call was made each time they had sexual contact? THE WITNESS: No. There are lots of phone calls made arranging appointments between the girls, that doesn't mean that every phone call that OFFICIAL REPORTING SERVICE EFTA00085559
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34 1 was made was a trip over to Mr. Epstein's house to 2 perform a massage. 3 MS. VILLAFANA: Yes, ma'am. 4 A GRAND JUROR: Couldn't they put anything in 5 this indictment about stalking her, are there any 6 rules against stalking children? 7 MS. VILLAFANA: I will address -- that is a 8 legal question that I will address when the Special 9 Agent is outside of the Grand Jury. Any other 10 factual questions related? 11 A GRAND JUROR: I don't have a question 12 relating to Jane Doe number 4, it was a question I 13 asked last week, what does Mr. Epstein do for work, 14 how does he make his money? I asked that late, 15 late in the game last week. 16 MS. VILLAFANA: Okay, I guess we can just 17 address that now. 18 BY MS. VILLAFANA: 19 Q What is Mr. Epstein's state of profession? 20 A He is an investor. 21 Q And he manages portfolios valued at about a 22 billion or more? 23 A Yes. 24 Q who is his best known client? 25 A The owner of the Limited and Victoria Secret. OFFICIAL REPORTING SERVICE EFTA00085560
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35 1 2 3 4 Q And you mentioned that as gifts mr. Epstein tended to give Victoria Secrets panties and bra sets? A Yes. Q Does that answer the question? 5 A GRAND JUROR: Yes. 6 MS. VILLAFANA: Yes, ma'am. 7 A GRAND JUROR: Count 28 I thought I heard 8 that -- I thought I heard the detective say that it 9 was the Gulfstream rather than the Boeing 727 on 10 flight records, just for your info. 11 MS. VILLAFANA: Count number 28, let's go back 12 there. 13 BY • 14 Q could you restate for the Grand Jury which 15 company owns the Gulfstream? 16 A The Gulfstream is owned by Hyperion Air, Inc. 17 Q And the Boeing is owned by whom? 18 A JEGE, Inc. 19 Q Any other questions before we go on to Jane 20 Doe number 5? we have four minutes. 21 Special Agent why don't I ask you 22 to step outside so I can answer that question for the 23 Grand Jury and address some issues. 24 (The witness was excused from the Grand Jury 25 room.) OFFICIAL REPORTING SERVICE EFTA00085561
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36 1 (Questions posed by the Grand Jury.) 2 (The testimony of the witness was concluded 3 before the Grand Jury.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OFFICIAL REPORTING SERVICE EFTA00085562
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37 1 CERTIFICATE OF REPORTER 2 3 4 5 I certify pages 2 through 36 are a true transcript of my 6 shorthand notes of the testimony of 7 before the Federal Grand )ury, west Palm 8 Beach, Florida on the 15th day of Tuesday, 2007. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commission Notary Public Expires May 8, 2008 OFFICIAL REPORTING SERVICE EFTA00085563
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1 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA ORIGINAL RE: OPERATION LEAP YEAR TESTIMONY OF SPECIAL AGENT Federal Grand Jury 07-103 Federal Building U.S. Courthouse West Palm Beach, Florida Tuesday, May 22, 2007 APPEARANCES: Assistant Unite States Attorney Foreperson r OFFICIAL vPrtroTTnin qFPV CE, LLC EFTA00085564
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2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The sworn testimony of SPECIAL AGENT was taken before the Federal Grand Jury, West Palm Beach Division, Federal Building, U.S. Courthouse, Palm Beach County, State of Florida, on Tuesday, May 22, 2007. Certified Court Reporter and Notary Public, State of Florida, Official Reporting Service, LLC, 524 South Andrews Avenue, Suite 302N, Fort Lauderdale, Florida, 33301 , was authorized to and did report the sworn testimony. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00085565
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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY (Witness enters the Grand Jury Room.) THE FOREPERSON: You do solemnly swear that the testimony you give will be the truth, the whole truth, and nothing but the truth, so help you God? THE WITNESS: I do. THE FOREPERSON: Thank you. Please be seated. EXAMINATION Q Good afternoon, Special Agent. A Good afternoon. Q Could you remind the grand jury ut your name and with whom you are employed? A It's I'm a special agent with the FBI here in West Palm Beach and I work violent crimes. Are you the case agent on Operation Leap Year? A Yes, I am. Q Okay. Before we get back to our review of the draft proposed indictment, I know that a question was raised regarding whether the grand jury transcripts are being made available to OFFICIAL REPORTING SERVICE, LLC EFTA00085566
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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 counsel for the defense, are they? A No. Q And is Mr. Epstein considered a high flight risk by the FBI and the U.S. Attorney's Office? A Yes, he is. Q So is the status of the investigation in terms of when an indictment might be returned considered highly confidential? A Yes. Q And are there any personal relationships between any members of the U.S. Attorney's Office and counsel for Mr. Epstein? A Yes. Q And is that one of the reasons why we have decided to use, In Re: Abbott, when referring to this case? A Yes. Q Okay. Now we had left off just prior to the beginning of the discussion of Jane Doe Number Five. Could you tell the grand jury a little bit about Jane Doe Number Five? A Jane Doe Number Five is ▪ Her date of birth is We have phone activity that began with when she was 1 OFFICIAL REPORTING SERVICE, LLC EFTA00085567
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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 years old beginning in November of 2004, going through to almost April, I guess, to the end of March 2005. We have contact, between and telephone with contact approximately 70 phone calls in that time period as well as approximately seven phone calls with regarding the setting up of appointments to provide massages to Mr. Epstein. Q Now did explain how she was first introduced to Mr. Epstein? A Yes, she did. that approached there. High School . was the one also attends as well as our other the Jane Does up told her that she would need to wear something sexy, that she would be providing Mr. Epstein with a massage and that she would receive $200, and if she was asked she should tell Mr. Epstein that she was 18. On the first massage that went to Mr. Epstein's house, she removed her shirt at his request and she performed the massage. She was paid $300 for that massage. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00085568
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 During that massage, she told Mr. Epstein that she was 18 years of age. He asked her age. They also discussed many things that was interested in. They talked about his ranch. They talked about horses. They actually also talked about cars. At one point later on, Mr. Epstei:. let's her drive a brand new Lexus, test drive a brand new Lexus. So those were some of her interests and Mr. Epstein talked to her about that. told us that the massages became more sexual in nature and she stated that she did more than ten massages, but that she couldn't quite put a number on how many massages she provided to Mr. Epstein, but it was definitely more than ten. She was not when she was interviewed by the Palm Beach Police Department, she did tell them that it was more around five or six massages. She stated that she minimized to the detectives when they came to interview her. They came to her house and her dad way due home any time and what was foremost on her mind was my dad is going to be here any minute OFFICIAL REPORTING SERVICE, LLC EFTA00085569
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7 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 She cooperated. She told them what had happened, but she minimized it more in an effort that she just wanted them to leave before her parents got home. At this point, her parents were not aware of what took place. As the massages became more sexual in nature, she describes that the first sexual massage -- he always instructed her on what to do, and on the first massage he had asked her to remove her clothing. She was down to her underwear at this point. He asked her to straddle him while he laid face up and continued to massage his chest and pinch his nipples and rub his chest. He at that point reached through her legs and masturbated. On another occasion, she was completely nude and she did several of the massages in the nude for Mr. Epstein. In this particular massage, she stated that Mr. Epstein licked his hand and went down and stroked and actually penetrated her She pulled away and he said that he wanted to touch her and that he also wanted to OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00085570