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also had conversations with other women in which these women hoped 
that "Jeffrey didn't find out [their] age[s]." See Tab 6, 
Tr., p. 45. 
o 
also stated that she: "would tell my girlfriends just like 
approached me. Make sure you tell him you're 18. Well, these girls that I 
brought, I know that they wcrc 18 or 19 or 20. And the girls that I didn't 
know and I don't know if they were lyinganot, I would say make sure 
that you tell him you're 18." See Tab 6, 
Tr., p. 22. 
o 
stated
 I. • 
told her say that she was 18 if asked. See 
'lab 14, 
Tr. A, p. 8. 
0 
tr., p. 16. 
stated that she "told him I was 19." See Tab 5, 
• 
Mr. Epstein did not know these women would be caused to engage in a sex act 
(necessary for a conviction under § 1591) and any sexual activity that took place was 
unplanned. 
o 
stated "sometimes [Mr. Epstein] likes topless massages, but 
you don't have to do an
 don't want to do. He just likes 
massages." See Tab 6, 
Tr., p. 7. 
o 
also stated "[s]ometimcs [Mr. Epstein] just wanted his feet 
massaged. Sometimes he just wanted a back massage." See Tab 6, 
Tr., p. 19. 
• 
Mr. Epstein did not use an interstate facility to communicate an illegal objective to 
the alleged victims (necessary for a conviction under § 2422(b)). 
o 
confirmed that Mr. Epstein never emailed texted, or chatted 
in an Internet chat room with her. See Tab 13, 
. (deposition), 
p. 30. 
• 
Mr. Epstein did not target minors (necessary for a conviction under § 2422(b)) 
o 
stated, "I alvaimade sure -- I had a fake ID, anyways, saying 
that I was 18. And [ 
(who is 
friend who brought her to 
Mr. Epstein's home)] just said make sure are 
18 because Jeffrey 
doesn't want any underage girls." See Tab 6, 
Tr., p. 8. 
• 
Mr. Epstein did not use the phone or the Internet to induce proscribed sexual activity 
(necessary for a conviction under § 2422(b)). 
o 
MI stated that there was never any discussion over the phone about 
her coming over to Mr. Epstein's home to engage in sexual activity: "The 
only thing that ever occurred on any of these phone calls jwith IM 
or another assistant] was, 'Are you willing to come over,' or, 
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'Would you like to come over and give a massage." See Tab 14, 
Tr. 
A, p. 15 
confirmed that she was informed that she was going to Mr. 
Epstein's house to give him a massage and nothing else, and that no one 
"said anything to [her] on the telephone [or over the Internet] about sexual 
activity with Mr. Epstein." See Tab 13, 
. (deposition), p. 24-
25. 
also confirmed that no one associated with Mr. Epstein ever 
• 
tried to call her or contact her through the Internet to try to persuade, 
induce entice or coerce her to engage in any sexual activity. See Tab 13, 
. (deposition), p. 31. 
• Mr. Epstein did not travel to Palm Beach for the purpose of engaging in sexual 
activity with a minor (necessary for a conviction under § 2423(b)). 
o Mr. Epstein spent at least 100 days a year in Palm Beach for family 
purposes, business purposes, and social purposes, and to maintain a home. 
o While in Palm Beach, Mr. Epstein routinely visits family members and 
close friends, has seen his primary care physician for checkups and 
prescribed tests in the Palm Beach area, and until her death in April of 
2004, regularly saw his mother who was hospitalized and then 
convalesced in south Florida. 
o From 2003 through 2005 there was no month when Mr. Epstein did not 
spend at least one weekend in Palm Beach. 
o The Palm Beach area is the home base for his flight operations, for 
maintenance of his aircraft, and for periodic FAA inspections. 
o Additionally, Mr. Epstcin's pilots and engineers all resided in Florida. 
• 
Mr. Epstein's conduct did not involve force, coercion or violence and any sexual 
activity that took place was consensual. The witness transcripts arc replete with 
statements such as the following: 
stated that she was not persuaded, induced, enticed or 
coerced by anyone to engage in any sexual activity. See Tab 13, 
M. (deposition), p. 31. 
o 
IM stated: "[Mr. Epstein] never tried to force me to do anything." 
See Tab 14, 
Tr. A, p. 12. 
0 
stated, "I said, I told Jeffrey, I heard you like massages topless. 
And he's like, yeah, he said, but you don't have to do anything that you 
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don't feel comfortable with. And I said okay, but I willingly took it off." 
See Tab 6, 
Tr., p. 10. 
o 
also stated "ls on girls didn't want to go topless and Jeffrey 
didn't mind." See Tab 6, 
Tr., p. 23. 
Mr. Epstein did not engage in luring. 
o Mr. Epstein's message books show that several masseuses would regularly 
call Mr. Epstein's assistants, without any prompting by Mr. Epstein or his 
assistants, asking to visit Mr. Epstein at his home. 
0 
stated "a lot of girls begged me to bring them back [to Mr. 
Epstein's house]." 
• There was no alcohol or drugs involved, a fact that is not in dispute. 
• Mr. Epstein has no prior criminal history, a fact that is not in dispute. 
• 
These women do not see themselves as victims. 
o 
MI indicated under oath that the FBI attempted to persuade her that 
she was in fact a "victim" of federal crimes when she herself repeatedly 
confirmed that she was not. See Tab 14, 
Tr. A, p. 9-12 and Tab 15, 
IM Tr. B, p. 7. 
Conclusion 
Jeffrey Epstein, a self-made businessman with no prior criminal history, should not be 
prosecuted federally for conduct that amounts to, the solicitation of prostitution. A federal 
prosecution based on these facts would be an unprecedented exercise of federal power, a misuse 
of federal resources, and a prosecution that would carry with it the appearance, if not the reality, 
of unwarranted selectivity given the incongruity between the facts as developed in this matter 
and the factual paradigms for all other reported federal prosecutions under each of the three 
statutes being considered. It would require the pursuit of a novel legal theory never before 
sanctioned by federal law—and that indeed is inconsistent with each of the statutes prosecutors 
have identified. Accordingly, we respectfully request that you direct the U.S. Attorney's Office 
for the Southern District of Florida to discontinue its involvement in this matter, and return 
responsibility for this case to the State of Florida. 
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