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FBI VOL00009
EFTA00180921
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A75 RE: JEFFREY E EPSTEIN NYSID ft: O81909 DATE: 8/23/2010 CASE SUMMARY 'Ibis assessment is based upon n review ante inmate's file which may include but is not limited to the pre-sentence investigation. prior criminal history and post-offense behavior. Jeffrey Epstein is a 57-year-old sex offender who pled guilty in the state of Florida on 6/30/2008 to two felony sex offenses. Procuring a Person Under 18 for Prostitution and Felony Solicitation of Prostitution. He was sentenced to12 months in jail followed by 12 months °I-Community Control. It would appear he was convicted in London England of Unlawful Possession of an Offensive Weapon, a Sword Stick, and was sentenced to a Conditional Discharge on 1/4/1973. Regarding the instant offense, Epstein was approximately 51 years of age on or about the year 2005 when he sexually assaulted numerous females between the approximate ages of 14 and 17. Most of the victims were recruited by one of Epstein's female employees front a local high school in the Palm Beach Florida area. Some of the female participants were age 18 or older. The contact included vaginal intercourse, mouth to vagina sodomy, the touching of the breasts and vagina, placing his fingers inside the vagina and Epstein using a vibrator on the victim's vaginal area. The available police reports from the Palm Beaeh.Police Department include conversations with numerous female victims who in most cases, did not know Epstein %Olen they were victimized. Most of the females were embarrassed to speak with police regarding what had happened to them while they were at Epstein's home. Sworn statements were taken from at least five victims and seventeen witnesses concerning massages and unlawful sexual activity that took place at the residence of Jeffrey Epstein. Most of the victims were paid at least $200.00 each time they performed a massage. The victims were told they would be giving Epstein a massage and they were escorted to his bedroom. Most victims noted numerous pictures of naked young females, (some of the photos depicted females who would be eventually interviewed by police). on display throughout the home. The offender would enter the room only wearing a towel. In most cases he would remove the towel and ask the victim to remove her clothing. In some casts he would masturbate into a towel while receiving a massage. In other cases lie would touch the breasts or vagina of the victim with his hands or use the vibrator. One 14 year old described how Epstein touched her vaginal area with a vibrator and thereafter, when contacted by law enforcement, she had to identify the offender through the use of a photo array. Another I6-year-old victim described giving Epstein massages for two years and at times, he grabbed her buttocks and caressed her butt cheeks as she gave hint a massage. Another 16-year-old described going to the offender's home at least 100 times. He would touch her breasts, insert his lingers into her vagina and sometimes use the vibrator on her while masturbating. He would also pay this underage victim to have sex with a female friend while he watched. Occasionally, he would join both girls and perform oral sex on both. 11th 16-year-old victim described for police how one time, Epstein turned her over on the massage table and forcibly raped her. When she screanwd, "NO," he stopped and subsequently apologized for his actions. The offenders conduct while on Community Control will be considered.satisfactory and he does not have a history of substance abuse. Based upon his plea ofguilty, Epstein will he credited with accepting responsibility - for his actions. He will he scored for sexual and deviate sexual intercourse, forcible compulsion, numerous victims and their ages. a continued course of sexual misconduct. a prior misdemeanor conviction in England absent specific information. for his stranger relationship to most victims and for establishing a relationship with these underage girls for the purpose of victimization. The Board acknowledges correspondence received from the offender's attorney. EFTA00181001
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A76 RE: JEFFREY E EPSTEIN NYSID /I: OS1909 DATti: 8/2)/2010 CASE SUMMARY Jeffrey Epstein used his wealth and power in such a way so that he could take advantage of many teenage girls to satisfy his own sexual perversions. Ile scores as a Level Ill Scx Offender with absolutely no basis for downward departure. EFTA00181002
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A77 Letter from Jay P. Letkowitz to Hon. Ruth Pickholz Requesting a Continuance of the Hearing, dated September 9, 2010 09/07/2010 09:65 FAX W002/002 KIRKLAND & ELLIS LLP AND AlUATED PARTNERSHIPS 601 Lexington Avenue Nov York. New York 10022 Joy P. letkowitz, P.C. To Cal Wier Cathy: FocsinYlw lefkovAtzeldrklend.com 'woe kukiand.ccen September 7, 2010 BY FACSIMILE The Honorable Ruth Pickholz New York County Supreme Court Part 66 Ill Centre Street New York, NY 10013 Re: SCID No. 30129-2010' Dear Justice Pickholz: I am writing regarding the hearing for Mr. Jeffrey Epstein in the above-referenced matter, which is currently scheduled for 9:304.m. on Wednesday, September 15, 2010. We respectfully request a continuance of the hearing. Kirkland & Eliis was only recently retained by Mr. Epstein to represent him in this matter and due to the holidays this week and because the matter arises out of Florida, we will need some time in order to collect information to prepare for the hearing. We are available on or after October 4, 2010 for a hearing on this matter if that would be acceptable to the Court. We are available to discuss at the Court's convenience. Respectfully submitted, Lefkowitz, P.C. Chicago Hong Kong London Los Angeles Munich Palo Alio San Francisco Shanghai Washington. D.C. EFTA00181003
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A78 Letter from Supreme Court to Sex Offender Registry Unit Enclosing Final Determinations, dated January 19, 2011 [pp. A78-A791 Suprettir Qinurt of lilt late of Neill work I, n .i 47.1..`" i J •.. e74%/1;le IN CENME STREET IFW WNW. N Y 10013 January 19, 2011 Sex Offender Registry Unit NYS Division of Criminal Justice Services 4 Tower Place Albany, NY 12203 Dear Sir/Madam: Enclosed please find the Final Determinations on the following cases: Name Jeffrey Epstein Encl. cc: Mr. Jeffrey Epstein 9 East 71st Street New York, NY 10021 Ind.# Risk Level 30129-2010 Three (3) Respectfully yours, F. Halwick, SCC Correspondence Unit Supreme Court, Criminal Term I- I EFTA00181004
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A80 Court Action Sheet - Jeffrey Epstein, No. 30129-2010 COUNTY OF a ttes t. • PEOPLENS NO, a 01.29 •••2 CVO NYS I 6 NO. DATE OF BIRTH SEX ADDRESS POTICE OF APPEARANCE 20 FILED BY • ADDRESS TFIEPHONE NO. RET O L.A. K 188 CJ SUBSTITUTION 20 FILED BY ADDRESS TELEPHONE RET O L.A. O 18B LJ ND PARTNERSHIPS 1RKLAND ELLIS LLP All ILIAILD & I C ,JAY P. LEFKOWITZ, P.C. 60111^Ceen Menus, • Fax 10CQ2 TeI 4464970 • Fax 1AY tellcosviu@kirkland.00m ,rnt cr. INTERPRETER COURT CLERK RECOGNIZANCE ROR 20 BAIL FIXED AMOUNT COURT CLERK COUNSEL PRESENT ON CONSENT OF ADA COURT REPORTER BAILED 20 SURETY JUSTICE COURT CLERK ROR REVOKED.BW 20 JUSTICE BAIL FORFAW 20 JUSTICE BAIL EXONERATED JUSTICE SURR. BY SURETY 20 ARTICLE 730 EXAMINATION ORDERED 20 JUSTICE COURT CLERK COURT REPORTER SUBSEQUENT ACTION RE RECOGNIZANCE PART 20 JUSTICE ADA PRESENT COUNSEL, PRESENT COURT REPORTE COURT CLERK PART 20 ORDERED 20 JUSTICE COURT CLERK COURT REPORTER COMMITTED TO COMMISSIONER OF MENTAL HYGIENE: JUSTICE ADA PRESENT COUNSEL PRESENT EFTA00181006
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A81 Handwritten Notations on Court Jacket - Jeffrey Epstein, No. 30129-2010 o. EFTA00181007
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A82 Transcript of SORA Hearing, dated January 18, 2011 (pp. A82-A961 SORA HEARING 1 SUPREME COURT NEW YORK COUNTY 2 TRIAL TERM PART 66 x THE PEOPLE OF THE STATE OF NEW YORK: INDICTMENT # 3 : 30129/2010 4 5 AGAINST 6 JEFFREY EPSTEIN Defendant. x SORA HEARING 7 8 111 Centre Street New York, New York 10013 9 January 18, 2011 10 BEFORE: 11 12 HONORABLE RUTH PICKHOLZ Justice of the Supreme Court 13 14 APPEARANCES: 15 16 For the People: CYRUS R. VANCE, JR., ESQ., New York County District Attorney 17 One Hogan Place New York, New York 10013 18 BY: JENNIFER GAFFNEY, ESQ. Assistant District Attorney 19 For the Defense: KIRKLAND & ELLI, LLP 20 153 East 53rd Street 21 New York, New York 10022 BY: JAY LEFKOWITZ, ESQ. 22 SANDRA MUSUMECI, ESQ. 23 24 Vikki J. Benkel Senior Court Reporter 25 Vikki J. Benkel Senior Court Reporter page 1 EFTA00181008
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A83 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 SORA HEARING page 2 COURT CLERK: This is number two on the calendar, matter of Jeffrey Epstein. Your appearances please. MS. GAFFNEY: Jennifer Gaffney for the People. Good afternoon, Your Honor. MR. LEFKOWITZ: Jay Lefkcmitz and Sandra Musumeci for Mr. Epstein. THE COURT: Mr. Epstein is not here. MR. LEFKOWITZ: That's correct. THE COURT: Are you waiving his appearance? MR. LEK4OWITZ: Yes. MS. GAFFNEY: Your Honor, this case is on for a SORA hearing this afternoon. The People did receive the board's recommendation of a Level Three. However, we received the underlying information from them and also had some contact with Florida, and we don't believe that we can rely on the entire probable cause affidavit. I don't know if the board sent that to you as well. THE COURT: I don't know why you cannot rely on it. MS. GAFFNEY: Because in Florida of all of the victims in that probable cause affidavit, they actually only went forward on one case. There was only an indictment for Vikki J. Benkel Senior Court Reporter EFTA00181009
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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 A84 SORA HEARING page 3 one victim and that is what the defendant plead to. So it is unlike a situation where everything was indicted and then we get to sort of assess points for all of the victims, if it was part of a plea bargain. They did not actually choose to go forward on any except for the one victim. So under the board guidelines, the risk assessment interim guidelines, it actually says, you know, by way of contrast if an offender is not indicted for an offense, it • is strong evidence that the offense did not occur and I don't think -- THE COURT: Do you find that if somebody is not indicted it is strong evidence that it did not occur? MS. GAFFNEY: I don't know that we can rely on it as clear and convincing evidence if the prosecutor's office never went forward on it. The prosecution said that the victims, although they spoke to the police early on, did not cooperate with them. So we don't have any follow up information. THE COURT: But the board found a Level Three. I have to tell you, I am a little overwhelmed because I have never seen the prosecutor's office do anything like this. I have never seen it. I had a case with one instance it was a marine who went to a bar, and I wish I had the case before me, but he went to a bar and a 17 Vikkl J. Benkel Senior Court Reporter EFTA00181010
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A85 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 SCRAMMING page 4 year old, he was an adult obviously, he was a Marine, a 17 year old came up to him and one thing lead to another and he had sex with her and the People would not agree to a downward modification on that. So I am a little overwhelmed here because I see -- I mean I read everything here, I am just a little overwhelmed that the People are making this application. I could cite many many, I have done many SORAs much less troubling than this one where the People would never make a downward argument like this. MS. GAFFNEY: I agree with Your Honor, it is incredibly unusual for us to make a downward argument. But the problem is the one thing that we have from the board is it seems to be in contradiction to their own guidelines which if something was not indicted, you are not supposed to rely on it. THE COURT: They obviously took that into consideration. MS. GAFFNEY: And I tried to reach -- I reached the authorities in Florida to try to see if they had all the interview notes or other things that we can then subsequently rely on that might be considered clear and convincing evidence, if they had interviewed these women on their own, and they never did. No one was cooperative and they did not go forward on any of the cases and none of them Vikki J. Benkel Senior Court Reporter EFTA00181011
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A86 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SORA HEARING page 5 were indicted. So I don't kncw. THE COURT: And you spoke to the prosecutor? MS. GAFFNEY: The actual prosecutor left the office. I spoke to the prosecutor that took over the case. THE COURT: Maybe you can find the prosecutor that left the office. You have done more in other cases looking into it. I have never seen the prosecutor's office do this. I have to tell you, I am shocked. MS. GAFFNEY: Right, but I spoke to the prosecutor that took over the case and they don't have anything, any affidavits, any statements, any notes. THE COURT: Why don't you speak to the prosecutor that did do the case, I am sure you could find that prosecutor. MS. GAFFNEY: I can find her, but based upon what the other prosecutor said, they did not speak to that prosecutor either. THE COURT: You did not speak to the prosecutor yourself, you did not speak to them, that is hearsay. You did not speak to the prosecutor that handled the case. MS. GAFFNEY: That's right. THE COURT: I don't think you did much of an investigation here. MS. GAFFNEY: I mean I called the prosecutor. Vikki J. Benkel Senior Cowl Reporter EFTA00181012
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A87 SORA HEARING page 6.p 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 Even though the first prosecutor left, presumably the prosecutor's office has the file. THE COURT: I would still call the prosecutor. MS. GAFFNEY: Anything from these women they would have forwarded it to us. THE COURT: I don't know that, I think you have to speak to the prosecutor. But be that as it may, I hear your argument. Anything else? MS. GAFFNEY: I mean that is why I don't think we can, I don't think we are entitled to rely on this because they did not go forward. THE COURT: The board made a recommendation. MS. GAFNEY: Correct. MS. MUSUMECI: May I speak, Your Honor? THE COURT: Yes. MS. MUSUMECI: Good afternoon. I would like to bring a few additional points to Your Honor's attention that don't come across in the board recommendation. The first is that Mr. Epstein is not a resident of New York, unlike most of these out of state, he has not changed his address and moved to New York, he maintains a vacation home in New York. His primary residence is the U.S. Virgin Islands. Vikki J. Renkel Senior Coon Reporter EFTA00181013
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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 A88 SORA HEARING page 7 He is registered in the U.S. Virgin Islands, he has been since his release from jail. He notifies the Virgin Island authorities every time he leaves that jurisdiction. Virgin Island authorities rated him at the lowest level of registration. He also registered in Florida, which is the state of this particular offense, and the only reason that this conviction is even before Your Honor. The offense for which he was convicted is not a registrable offense in New York. He is only registrable here arguably because based on the provision of SORA that says if a crime is registrable in the state of conviction, then it is registrable here in New York. And the Florida authorities that considered that rated him at the lowest level of their SORA statute. He additionally has a vacation home in New Mexico and is registered in New Mexico. The New Mexican authorities when they considered his offenses, determined he need not register at all. Nevertheless, he has voluntarily registered with New Mexico and maintains that registration. Additionally, because of his possession of a vacation home in New York, he has been voluntarily registered with New York SOMU, the Sex Offender Monitoring Unit since May of this year. He notifies them whenever he comes to travel to New York. He never comes to New York for Mkt J. Benkel Senior Court Reporter EFTA00181014
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A89 SORA HEARING page 8 1 2 3 4 5 6 7 8 9 1O 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 more than seven days or at least he has not since he has been registered. He has no intention to ever be here for longer than a period of ten days. Like I said, he does notify the authorities when he is here. He fully understands the reason for voluntary registration, he wants to be compliant with the Federal SORA law which requires wherever you own a property to register. To require Mr. Epstein to register as a Level Three offender in New York would actually require him to come to New York more than he does normally, it would require him to come every 90 days and renew his registration. He is very diligent in registering with New York authorities. All of the other jurisdictions that have considered his case have determined that he either not register at all or register at the lowest level, and he has been more than compliant with all of those requirements. Your Honor, we would join in the prosecutor's application. THE COURT: I am sure you would. MS. MUSUMECI: By way of background, we have been in contact with the prosecutor's office on this matter since I believe certainly since Mr. Epstein got his notification, which I believe was in August. We have met with the Vikki J. Henkel Senior Court Reporter EFTA00181015
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A90 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 SORA HEARING prosecutor and provided numerous materials for the prosecutor to consider. We have included in that a deposition from the detective who headed this investigation who acknowledged in a sworn deposition that the lead prosecutor who originally had the case, whose name I cannot pronounce, Lanna Belohlavek, I apologize for the mispronunciation, said to the detective after her investigation, there are no real victims here. All of the alleged conduct that is cited in the board's write up MS commercial conduct. All of the alleged conduct the women went voluntarily, there are no allegations of force certainly none. THE COURT: There was no allegation of force in the marine either, who met a girl in a bar, a young girl 17, there was no force there. MS. MUSUMECI: It is our understanding that the prosecutor in Florida conducted a full investigation, as full as she was able with the cooperation afforded by these complainants, and determined that the only case that she could present to the grand jury was this indictment for a non registrable offense then -- THE COURT: But it is registrable here. I don't know what you mean non registrable offense. MS. MUSUMECI: Let me explain, Your Honor. Vikki J. Benkel Senior Court Reporter page 9. EFTA00181016
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A91 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 SOPLAHEARING page 10 Mr. Epstein plead to two charges, one was an indictment which is an offense that is not registrable, it is a Florida indictment for -- THE COURT: Then why does he have to register here? MS. MUSUMECI: It was a second offense that he plead to -- THE COURT: That is registrable. MS. MUSUMECI: That is registrable. That offense was by information and that is the only registrable offense, that is what the DA's office is considering in doing their scoring. The indictment which was the only case that the prosecutor even prosecuted through grand jury is not even a registrable offense. THE COURT: He plead guilty to a registrable offense. MS. MUSUMECI: Yes. THE COURT: What did he plead guilty to? MS. GAFFNEY: He plead guilty to the procuring a person under 18 for prostitution. THE COURT: Procuring a person under 18 for prostitution. MS. GAFFNEY: Right. THE COURT: Haw old was she? Vikki J. Benkei Senior Court Reporter EFTA00181017
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A92 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 SORA HEARING page 11 MS. GAFFNEY: It appears the first time they met she was either 16 or 17, then for the remainder of their relationship she was probably 17. THE COURT: How long was their relationship? MS. GAFFNEY: She met, she gave him approximately 15 massages, including with sexual contact, and ultimately when she is 17 had intercourse with him. THE COURT: She is a child. MS. MUSUMECI: Your Honor, I would note that under SORA it is clear that prostitution offenses are only registrable when in fact by clear and convincing evidence the women or victim is 17, is under 17. THE COURT: Well, she met him at 16, he procured her at 16 from what I read. MS. MUSUMECI: There is evidence we challenged. THE COURT: He plead guilty to that, didn't he? MS. MUSUMECI: He plead guilty to under 18, which is the law in Florida, which is a different standard than what the law is in New York. And there is no evidence, there is no clear and convincing evidence as to her specific age at the time of the specific conduct. THE COURT: Well, the DA just told me she was most likely 17, she just said it on the record. MS. MUSUMECI: Your Honor, we agree that the evidence is that she was 17 on the one occasion she had Vikki J. Benkel Senior Court Reporter EFTA00181018
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A93 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SORA HEARING page 12 consensual intercourse with him and 17 is not registrable or criminal under New York law. And the prostitution aspect of having intercourse with a 17 year old is not registrable conduct. THE COURT: Why does he have to register here? MS. GAFFNEY: Because it is a register able offense in Florida, New York State board of examiners THE COURT: Recognizes it. MS. GAFFNEY: Recognizes it, yes. THE COURT: I have had many cases like that where it was not registrable here but it MS in the state where the person came from and New York recognized that. MS. MUSUMECI: Your Honor, we are not saying that he should not register. Mr. Epstein has already registered and recognizes his duty to register. THE COURT: I am glad of that, very glad of that. I am sorry he may have to come here every 90 days. He can give up his New York home if he does not want to come every 90 days. Anything else? I rely on the board. MS. MUSUMECI: Your Honor, we would reserve our right to appeal Your Honor's ruling. THE COURT: Of course, do so. MS. GAFFNEY: For the record, Your Honor, he is Vikki J. Benkel Senior Court Reporter EFTA00181019
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