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FBI VOL00009
EFTA00193068
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I • ' Uhgted States District Court SOUTHERN DISTRICT OF FLORIDA TO: S. Epstein Virgin Islands Foundation, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-Tues./No. OLY-51 SUBPOENA FOR: K PERSON DOCUMENTS OR OBJECT[S] YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury of the United States District Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: June 12, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): . See attachments for the production of required documents. *Please coordinate your compliance with this subpoena and confirm the date and time, and location of your appearance with Special Agent Nesbitt Kuyrkendall, Federal Bureau of Investigation, Telephone: (561) 822-5946. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. CU3RIC (BY) DEPUTY CI.P.RK This subpoena is issued upon application of the United States • f America DATE: May 31, 2007 Name, Address and Phone Number of Assistant U.S. Attorney Ann Marie C. Villafaila, Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach, FL 33401-6235 Tel: (561) 820-8711 x3047 Fax: (561) 802-1787 *If not applicable, enter "none.' TbkrediellenfAO1I0 FORM ORD-227 JAN.86 EFTA00193188
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ATTACHMENT TO SUBPOENA
J. EPSTEIN VIRGIN ISLANDS FOUNDATION, INC.
1.
For the period of January 1, 2003 to the present, all calendars, agendas, daily diaries, or
other records of appointments, travel, meetings and the like, kept by or on behalf of
Jeffrey Epstein, Sarah Kellen, Adriana Ross, Lesley Groff, and/or Nadia Marcinkova.
This request includes information that is kept in physical "hard copy" and/or electronic
form, whether stored on a personal computer, database server, cellular telephone,
"Blackberry" unit, personal digital assistant ("PDA") or other handheld electronic device,
or in any other electronic form, and all metadata included within the electronic/physical
files.
2.
For the period of January 1, 2003 to the present, all address books, contact lists, or other
records of names, telephone numbers, addresses, and/or e-mail addresses kept by or on
behalf of Jeffrey Epstein, Sarah Kellen, Adriana Ross, Lesley Groff, and/or Nadia
Marcinkova. This request includes information that is kept in physical "hard copy"
and/or electronic form, whether stored on a personal computer, database server, cellular
telephone, "Blackberry" unit, personal digital assistant ("PDA") or other handheld
electronic device, or in any other electronic form, and all metadata included within the
electronic/physical files.
3.
For the period of January 1, 2003 to the present, all e-mails, instant messages, text
messages, meeting invitations, and any other electronic communication sent by Jeffrey
Epstein, Sarah Kellen, Adriana Ross, Lesley Grog and/or Nadia Marcinkova to Jeffrey
Epstein, Sarah Kellen, Adriana Ross, Lesley Groff, and/or Nadia Marcinkova. This
request includes information that is kept in physical "hard copy" and/or electronic form,
whether stored on a personal computer, database server, cellular telephone, "Blackberry"
unit, personal digital assistant ("PDA") or other handheld electronic device, or in any
other electronic form, and all metadata included within the electronic/physical files.
4.
For the period of January 1, 2003 to the present, all documents and information referring
or relating to the transfer of funds from any account owned by J. Epstein Virgin Islands
Foundation, Inc. to any bank account used for the maintenance of the property located at
358 El Brillo Way, Palm Beach, Florida, or for the payment of any person working at 358
El Brillo Way, Palm Beach, Florida.
5.
For the period of January 1, 2003 to the present, all documents and information referring
or relating to the transfer of funds from any account owned by J. Epstein Virgin Islands
Foundation, Inc. to any bank account on which Janusz Banasiak and/or Alfredo
Rodriguez had check-writing authority and/or access.to via debit/ATM card.
6.
For the period of January 1, 2003 to the present, the names of all employees, copies of all
W-2s and/or 1099s for all employees, and the names of all corporate directors, board
members, and shareholders.
EFTA00193189
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U.S. Departm ' of Justice United. States Attorney Southern District of Florida 500 S. Australian Ave., Suite 400 • West Palm Beach, FL 33401-6235 (561) 820-8711 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Jury/Trial in the Southern District of Florida. A new provision of the Federal Rules of Evidence provides that routine business records may be admitted at trial through the declaration of a custodian, if they are provided sufficiently in advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand jury/trial at the time and place specified by completely filling out the attached Certification and Inventory and immediately returning it with the records to Special Agent Nesbitt Kuyrkendall, FBI at the following address: Federal Bureau of Investigation 505 South Flagler Drive, Ste. 500 West Palm Beach, Florida 33401-5923 EARLY VOLUNTARY TURNOVER Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date is prior to June 12, 2007. BY: Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY A. MARIE ILLAFAICIA ASSISTANT UNITED STATES ATTORNEY EFTA00193190
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CERTIFICATION OF BUSINESS RECORDS I, the undersigned declare that I am: employed by/associated with in the position of and by reason of my position am authorized and qualified to make this declaration. In my employment with the above-named bank/company I am familiar with the business records it maintains. The above-named bank/company maintains records of its business which are: 1. made at or near the time of the occurrence of the matters set forth therein, by, or from information transmitted by, a person with knowledge of those matters; 2. kept in the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records itemized in Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing is true and correct. Date of execution: Place of execution: Signature: EFTA00193191
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APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: EFTA00193192
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U.S. Department of Justice United States Attorney Southern District of Florida FILE COPY $00 South Australian Ave., Strife 400 West Palm Beach, FL 33401 (561)820.8711 August 15, 2007 DELIVERY BY HAND Ms. Nadia Marcinkova Re: Grand Jury Investigation-Confidential Dear Ms. Marcinkova: This letter is an invitation for you to testify before a federal Grand Jury, and is supplied in order to provide helpful background information about the Grand Jury. The Grand Jury consists of from sixteen to twenty-three persons from the Southern District of Florida. It is their responsibility to inquire into federal crimes which may have been committed in this District. As a Grand Jury witness you will be asked to testify and answer questions under oath, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer are permitted in the Grand Jury' room while you testify. The U.S. Department of Justice encourages prosecutors to notify an individual in appropriate cases that he or she is a target of a grand jury investigation. Accordingly, you are hereby notified that you are a target of a federal grand jury investigation in the Southern District of Florida concerning suspected violations of federal law, including but not limited to, possible violations of Title 18, United States Code, Sections 2, 371, 1512, 1591, 1952, 1956, 1960, 2421, 2422, and 2423. You are advised that the destruction or alteration of any document required to be produced before the grand jury constitutes serious violation of federal law, including but not limited to Obstruction of Justice. A "target" is a person as to whom the prosecutors or the Grand Juryhave substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutors, is a putative defendant. This letter constitutes an invitation to you to testify on your own behalf before the grand jury about matters under investigation. Of course, you are not required to appear before the grand jury. The decision whether to do so is a voluntary matter which is entirely up to you. The grand jury, if in fact it learns of this opportunity afforded to you, will be instructed not to draw any adverse inference from your failure to appear should you decide not to accept this invitation. You must further understand that should you decide to testify, your testimony could be used against you if any EFTA00193193
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Ms. Nadia Marcinkova August 15, 2007 Page 2 criminal charges should be filed against you. Should you decide to appear before the grand jury, you will have the same rights and obligations as any non-immunized grand jury witness. Specifically, You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. You have the right to stop answering questions at any time. Anything you say may be used against you at the grand jury or in a subsequent legal proceeding. The grand jury will permit you a reasonable opportunity to step outside the grand jury room to consult with your attorney, if you so desire, at any point during the testimony you give. Please be further advised that the giving of false testimony before the grand jury will subject you• to a prosecution for perjury in addition to the violations set forth above. As a target of a grand jury investigation who has been asked to appear before the grand jury, you may wish to retain the services of an attorney. If you cannot afford the services of independent counsel, the Court may be able to appoint counsel to represent you. If you would like the United States to ask the Court to appoint an attorney to represent you, please contact the undersigned at 561 209-1047. The United States is investigating other individuals, and you may be interested in cooperating with the United States against those other targets. If you hire an attorney, or if the Court appoints one to represent you, that counsel can contact me to discuss that pgssibility. • Please advise me whether you wish to testify before the grand jury by close of business Friday, August 31, 2007. If I do not receive notification from you or your counsel by this date, I will assume that you do not wish to testify before the grand jury. Sincerely, By: R. ALEXANDER ACOSTA STATES ATTORNEY ane illafafia Assistant United States Attorney EFTA00193194
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Ms. Nadia Marcinkova August 15, 2007 Page 3 bcc: Jeffrey Sloman, Esq. Andrew Lourie, Esq. Special Agent E. Nesbitt Kuyrkendal EFTA00193195
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U.S. Department uf Justice United States Attorney Southern District of Florida FILE COPY 500 South Australian Asa, Suite 400 West Palm Beach, FL 33401 (561)820-8711 August 15, 2007 DELIVERY BY HAND Ms. Sarah Kellen 301 E. 66th Street, Apt. 10N New York, NY 10021 Re: Grand Jury Investigation-Confidential Dear Ms. Kellen: This letter is an invitation for you to testify before a federal Grand Jury, and is supplied in order to provide helpful background information about the Grand Jury. The Grand Jury consists of from sixteen to twenty-three persons from the Southern District of Florida. It is their responsibility to inquire into federal crimes which may have been committed in this District. As a Grand Jury witness you will be asked to testify and answer questions under oath, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer are permitted in the Grand Jury room while you testify. The U.S. Department of Justice encourages prosecutors to notify an individual in appropriate cases that he or she is a target of a grand jury investigation. Accordingly, you are hereby notified that you are a target of a federal grand jury investigation in the Southern District of Florida concerning suspected violations of federal law, including but not limited to, possible violations of Title 18, United States Code, Sections 2, 371, 1512, 1591, 1952, 1956, 1960, 2421, 2422, and 2423. You are advised that the destruction or alteration of any document required to be produced before the grand jury constitutes serious violation of federal law, including but not limited to Obstruction of Justice. A "target" is a person as to whom the prosecutors or the Grand Jury have substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutors, is a putative defendant. This letter constitutes an invitation to you to testify on your own behalf before the grand jury about matters under investigation. Of course, you are not required to appear before the grand jury. The decision whether to do so is a voluntary matter which is entirely up to you. The grand jury, if in fact it learns of this opportunity afforded to you, will be instructed not to draw any adverse EFTA00193196
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Ms. SARAH KELLEN Auousr 15, 2007 PAGE 2 inference from your failure to appear should you decide not to accept this invitation. You must further understand that should you decide to testify, your testimony could be used against you if any criminal charges should be filed against you. Should you decide to appear before the grand jury, you will have the same rights and obligations as any non-immunized grand jury witness. Specifically, You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. You have the right to stop answering questions at any time. Anything you say may be used against you at the grand jury or in a subsequent legal proceeding. The grand jury will permit you a reasonable opportunity to step outside the grand jury room to consult with your attorney, if you so desire, at any point during the testimony you give. Please be further advised that the giving of false testimony before the grand jury will subject• you to a prosecution for perjury in addition to the violations set forth above. As a target of a grand jury investigation who has been asked to appear before the grand jury, you may wish to retain the services of an attorney. If you cannot afford the services of independent counsel, the Court may be able to appoint counsel to represent you. If you would like the United States to ask the Court to appoint an attorney to represent you, please contact the undersigned at 561 209-1047. The United States is investigating other individuals, and you may be interested in cooperating with the United States against those other targets. If you hire an attorney, or if the Court appoints one to represent you, that counsel can contact me to discuss that possibility. Please advise me whether you wish to testify before the grand jury by close of business Friday, August 31, 2007. If I do not receive notification from you or your counsel by this date, I will assume that you do not wish to testify before the grand jury. Sincerely, By: R. ALEXANDER ACOSTA UNTIED STATES ATTO arie Villafafia Assistant United States Attorney EFTA00193197
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Ms. SARAH 10ELLEN AUGUST 15, 2007 PAGE 3 bcc: Jeffrey Sloman, Esq. Andrew Lourie, Esq. Special Agent E. Nesbitt Kuyrkendal EFTA00193198
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