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FBI VOL00009
EFTA00225102
276 sivua
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500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phonc 561 209-1047 Fax 561 820-8777 08-80736-CV-MARRA P-014975 63 EFTA00225362
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...so Ann JUIUU4004U 'Jam) ntli lAVOKR Memorandum Date [1002 Subject Prosecution Memorandum In re Operation Leap Year To R. Alexander Acosta U.S. Attorney Rolando Garcia Deputy Chief, Criminal Division Karen Atkinson, Chief4,(W. Northern Division June 17, 2008 From A. Marie Villafan Assistant U.S. Atto I. INTRODUCTION This memorandum seeks approval for the attached Request for Authorization to Apply for a Com ulsion Order seeking Immunity pursuant to 18 U.S.C. Sections 6001-6003 for witness in connection with the ongoing investigation named "Operation Leap Year." II. BACKGROUND kra 0 ration Lea Year involves the investigation offeffre E stein and five of his assistants (née Mucinska), , and e targets'would arrange "sexual massages" for Epstein when he would travel to Palm Beach or New York, and many of those "sexual massages" were performed by minor females. Witness ti. began her relationship with Epstein as a i se" when she was under the age of 18. er performing massages firiiiod of time, began recruiting other girls to perform massages. It is believed that received $200 for each girl she brought to Epstein's home. The investigation originally focused on the first three assistants who traveled with Epstein to Florida. Upon interviewing two identified New York victims, we determined that the last two assistants, Groff and Steen, arranged most of Epstein's New York massages. Case No. 08-80736-CV-MARRA EXHIBIT B-130 P-008365 EFTA00225363
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has been approached by the FBI to provide information via an informal proffer with a "Kastigar letter" or testifying before t djury with a "pocket immunity" letter. is represented by counsel in New York. has never spoken to any law enforcement o leer about what happened between her and Epstein. We believe that counsel is independent is in (unlike some attorneys who have represented other witnesses , but he has stated that will not meet with agents or the Office or testify before the grand jury without full immunity. Counsel has told me that, if immunized, is ready and willing to provide complete information regarding her dealings with Epstein. On the one hand, I am reluctant to provide with immunity because I do not believe that she needs it. It appears that the majority of her dealings with Epstein occurred before she was 18, our Office is not interested in prosecuting her, FBI New York is assisting FBI West Palm Beach in connection with the investigation, so a federal prosecution in New York is not forthcoming, and it is unlikely that the State of New York will open an investigation and charge However, it has been widely reported that the Palm Beach Police De artrnent prepared a ro able cause • ' " to charge a similar victim/recruiter in Florida, ,with a second-degree felony. name also appears in a number of Complaints in c vt awsuits filed a ainst Epstein. In the most recent draft of the Indictment, we have listed and as unindicted coconspirators which will make it easier to introduce their statemen o Epstein an the assistants. Depending on testimony, we may need to treat her similarly. III THE NEED FOR THE WITNESSES' TESTIMONY AND THE REQUESTED IMMUNITY. The most difficult part of this prosecution will be proving the knowledge and intent of the targets. For example, could assert that she knew that she was setting up massages for Epstein, but she believed that they were regular massages. All of the targets arc likely to aver that they did nut know that the girls were under the age of 18. helps us with this proof in several ways. First, she was victim whom we believe became invo v with Epstein when she was only fourteen years' old, and her you n help disprove lack of knowledge by Epstein and his assistants. Second, we believe that was a significant recruiter for Epstein, so she will be able to tell us what instructions she received from him and the assistants regarding the types of girls to recruit, what was expected of them, etc. Third, she provides us with a strong entrée into the New York situation, which strengthens the "interstate commerce" nexus of the case. Fourth, is likely to have dealt most closely with Epstein's New York assistants, Groff and Steen. e es way to strengthen our case at this point is to "flip" one of the assistants, and Groff is the most likely to flip if we have sufficient evidence to charge her. Steen is another potential cooperator, but we have heard from another witness that Steen had done something to upset Epstein and he "shipped her off' to the Middle East to work for one of his companies there. The U.S. Attorney's Manual recommends prosecuting witnesses in a situation such as this and getting their cooperation as part of a plea bargain. Our evidence against at this time is -2- Case No. 08-80736-CV-MARRA P-008366 EFTA00225364
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tyj U lig weak. We have statements from two victims who at they went to Epstein's house with We have two telephone messages from that were recovered in t . h of ps ein s home. At this time we do not have any recor s of telephone calls between and IL= the assistants (we have not identified cell phone number during the relevant period). Thus, the likelihood of succeeding on sue a prosecution is very small. Furthermore, a decision to prosecute Lacerda could result in a refusal by many more girls to come forward because the majority of the identified girls brought other girls to Epstein, so all of them would feel at risk. IV. RECOMMENDATION For these reasons, 1 recommend that the attached Request for Authorization to Apply for Compulsion Order on behalf of be submitted to the Witness Immunity Unit. a °"-"jjenQL 6/fin -3- Case No. 08-80736-CV-MARRA P-008367 EFTA00225365
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•• SO VW.. MIN U.S. Department of Justice Request for Authorization to Apply for Compulsion Order (18 U.S.C. 6001-6003; 28 CFR 0.175-0.178) INSTRUCTIONS: Prepare and Submit Original and One Copy. Answer Each Question as Accurately and Completely as Possible. TO: Witness Immunity Unit Criminal Division, Rm. 1056 1001 G StreeLN.W. Washington, 20530 PHONE NO: (202) 514-5541 TELEFAX NO: (202) 514-1468 FROM: AUSA A. Marie Villafafia United States Attorneys Office 500 S. Australian Ave, Suite 400 West Palm Beach, Florida 33401 PHONE NO: (561) 209-1047 TELEFAX NO: (561) 820-8777 (I) Name of Witness: Marina (3) Nature of Proceeding: ( ) Trial (X) Grand Jury 0 Other (2) District: Southern District of Florida (4) Name of Suliect s or Defendants : Jefir (5) Date of Testimony (two weeks lead time required): July 1, 2008 (6) Proffer of Anticipated Testimony: (7) (8) (X) None Obtained ( ) Proffer by Counsel ( ) Proffer by Witness ( ) Debriefing of Witness ( ) Pursuant to Plea Agreement ( ) Statement in other proceeding Summary of Case or Proceeding: The grand jury investigation is related to interstate travel with intent to engage in illicit sexual conduct, use of a means of interstate commerce to induce or entice a minor to engage in prostittlit anal a ' ' rafficking, and related offenses. In short, Epstein used his assistants— II., and to arrange "dates" with underage girls to come to his home to perform sexual acts. gig Background and Role in Case or Matter and Summary of Anticipated Testimony or Information: was a victim (she was paid to perform sexual acts when she was under 18) and also was paid LIMITED OFFICIAL USE Previous editions and Form OBD- I 11A are obsolete FORM OBD-11I JAN. 93 Case No. 08-80736-CV-MARRA P-008368 EFTA00225366
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00/15/2001 15:10 FAX 5611050541 itO NPR COWRN Cit 006 to bring girls to Epstein, thus Lacerda could be classified both as • victim and as a co-conspirator. Her testimony will relate to how she was first introduced to Epstein; the type of sexual activity that be engaged in with the girls; the co-conspi rata re knowledge of the ages of the victims and the sexual activity that was occurring with Epstein; and the method for arranging the "appointments" with the girls and the recruitment of additional girls. (9) Witness' Family Relationship, if any, to the Subjects) or Defendant(s): None (10) Assurances or Promises, if any, to Witness in Return for this Testimony: None. (11) Acts of Witness Considered as a Waiver of Fifth Amendment Privilege. None. (12) Means Other than Immunity to Obtain thisTestimony Mi has been appear before a grand jury or to attend a proffer session. Lacerda's attorney has stated that will not appear unless compelled to do so and will assert her Fifth Amendment privilege in response to questions. (13) Basis Other than Proffer for Summary ofAnticipatedTestimony: Statements of other !vitamin, telephone records, and items seized during search of Epstein's home. (14) Relative Culpability of Witness Compared to Subject(s) or Dercodant(s): could be charged as a coconspirator or aider/abettor during the period when she was recruiting other girls; however, she also qualifies as a victim du nn the period when she was engaging insexual activity and while she was a minor. We believe that was a minor d ajority of the time she was Involved with is less culpable than the targets of the or their sexual activity and arranged his Epstein. In terms of her re alive culpability, investigation. Epstein and his assistants paid the g schedule of appointments. (15) Why Immunity is Necessary to the Public Interest State Facts. Epstein is believed to have engaged In sexual activity with at least 36 girls ranging In age from 14 to 18 years old. This activity occurred over a two-year period and some girls were contacted as many as 60 times. To prosecute successfully Epstein and his assistants, we man prove that Epstein and the assistants intended that Epitein engage in this sexual activity before he traveled to the Southern District of Florida or returned to New York, certain charges, that he knew or reasonably should have known that the girls were under 18. , who was both a victim and a "recruiter," is in the best position to testify regarding those in en ions. LOWED OFFICIAL USE Previous editions and Form ODD-I11 A arc obsolete Case No. 08-80736-CV-MARRA FORM OBD-1 II JAN. 93 P-008369 EFTA00225367
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w.... •• ... '.a..r nn le; U1.1! (16) Basis for Belief that Witness Will Assert Fifth Amendment Privilege: As explained above, the witness's attorney has informed the undersigned that she will assert her Fifth Amendment Privilege. (17) Likelihood that Witness Will Testify if Immunity is Granted: High. The witness's attorney has stated that the witness will appear and answer questions if immunity is granted. (18) Prosecution of Witness in this Case or Matter: ( ) Yes (X) No () Acquitted ( ) Convicted ( ) Plea If not indicted, why not? If convicted, has the witness been sentenced? Witness has not been indicted because she is more properly classified as a victim. As explained above, she could be charged as a co- conspirator during the period that she recruited girls, but it is believed that her testimony is more important than charging her with those offenses because she also is a victim of the offense. (19) Witness' Privilege Survives Because: Witness' testimony will relate in part to her recruitment of underage girls to engage in sexual activity with Epstein. (20) Witness is Presently Incarcerated: ( ) Yes (X) No If yes, give details: (21) Pending Federal or Local Charges against Witness: ( ) Yes (X) No if yes, give details: (22) Federal and State Offenses by Witness that Her Testimony Could Disclose: Conspiracy to travel in interstate commerce to engage in illicit sexual conduct; conspiracy to use a means of interstate commerce to induce a minor to engage in sexual activity. (23) Opposition, if any, to Granting Immunity by State or Local Prosecuting Officials: None (24) Effect, if any, of Granting Immunity to the Witness Upon Any Other Federal District: None (25) Conviction of Witness Possible on Evidence Other than His Own Testimony? LIMITED OFFICIAL USE Previous editions and Form OBD-111A are obsolete FORM OBD- Ill JAN. 93 Case No. 08-80736-CV-MARRA P-008370 EFTA00225368
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Lanu nrb tAMPHM &as () Yes () No If yes, give details: Not applicable. (26) Violations (Statutes & Descriptions) by Subject(s) or Defendant(s): For all targets: 18 U.S.C. § 2423(b) (travel with intent to engage in illicit sexual conduct); 18 U.S.C. § 371 (conspiracy); 18 U.S.C. § 2422(b) (use of a means of interstate commerce to entice a minor to engage in sexual activity); 18 L'.S.C. § 1591(a) (sex trafficking). (27) Witness Previously Immunized? ( ) Yes (X) No If yes, give details: (28) Witnesses for whom Immunity has been Authorized in this Proceeding: and (two other girls who were both victims and recruiters). (29) Date Investigation Began: July 2006 (30) Witness Subject to Electronic Surveillance? ( ) Yes (X) No If yes, give details: (31) Birth Date of Witness: 6/29/88 (32) FBI I. No.: (33) Birthplace: (35) Alias: • (36) Address of Witness: Brazil 34 Social Security No.: None (37) If Requestor is Department Attorney, Has United States Attorney Been Notified? ( ) Yes ( ) No Not applicable. Sign LIMITED OFFICIAL USE tun of United States A Previous editions and Form OBD-111A are obsolete FORM OBO-111 JAN. 93 Case No. 08-80736-CV-MARRA P-008371 EFTA00225369
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Memorandum Subject Prosecution Memorandum In re Operation Lean Year Date June 17, 2008 To R. Alexander Acosta U.S. Attorney Jeff Sloman First Assistant U.S. Attorney Rolando Garcia Deputy Chief, Criminal Division Karen Atkinson, Chief _ Northern Division From A. Marie Villafatia Assistant U.S. Attoa t) I. INTRODUCTION This memorandum seeks approval for the attached Request for Authorization to Apply for Order seeking Immunity pursuant to 18 U.S.C. Sections 6001-6003 for witness in connection with the ongoing investigation named "Operation Leap Year." II. BACKGROUND Operation Lea Year involves the investi ation of Jeff E stein and five of his assistants, Kellen, , and The targets would arrange "sexual massages" for Epstein when he wou travel to a m eac or Mi rk, and many of those "sexual massages" were performed by minor females. Witness began her relationship with Epstein as a "masseuse" when she was under the age of 18. After performing massages friliod of time, began recruiting other girls to perform massages. It is believed that received $2 or each girl she brought to Epstein's home. 'The investigation originally focused on the first three assistants who traveled with Epstein to Florida. Upon interviewing two identified New York victims, we determined that the last two assistants, Groff and Steen, arranged most of Epstein's New York massages. Case No. 08-80736-CV-MARRA P-008372 EFTA00225370
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has been approached by the FBI to provide information via an informal pmm th a -Kasugar e er" or testifying before represented by counsel in New York. has never spoke to w enforcement officer about what happened between her and pstein. We believe that counsel is independent i y. Counsel has told me that, if immun i ze:101 is ready and willing to provide complete • in (unlike some attorneys who have represented other witnesses), but he has stated that will not meet with agents or the Offi testify before the grand jury without MI immuni information regarding her dealings with Epstein. On the one hand, I am reluctant to provide = with immunity because I do not believe that she needs it. It appears that the majority of her dealings with Epstein occurred before she was 18, our Office is not interested in prosecuting her, FBI New York is assisting FBI West Palm Beach in connection with the investigation, so a federal prosecution in New York is n ming, and it is unlikely that the State of New York will open an investigation and charge I lowever, it has been widely reported that the Palm Beach Poli t prepared a "probable cause affidavit" to charge a similar victim/recruiter in Florida, ,with a second-degree felony. name also appears in a number of Complaints in the suits ainst Epstein. n t e most recent draft of the Indictment, we have listed and as unindicted coconspirators, which will make it easier to introduce their statements to Epstein and the assistants. Depending on testimony, we may need to treat her similarly. jury with a "pocket immunity" letter. is III THE NEED FOR THE WITNESSES' TESTIMONY AND THE REQUESTED IMMUNITY. The most difficult of this prosecution will be proving the knowledge and intent of the targets. For example, could assert that she knew that she was setting up massages for Epstein, but she believed that t ey were regular massages. the targets are likely to aver that they did not know that the girls were under the age of 18. helps us with this proof in several ways. First, she was victim whom we believe became involved with Epstein when she was only fourteen years' old, and her youn a e can help disprove lack of knowledge by Epstein and his assistants. Second, we believe that was a significant recruiter for Epstein, so she will be able to tell us what instructions she receive from him and the assistants regarding the types ofgirls to recruit, what lil was expected of them, etc. Third, she provides us with a strong entrée into York situation, which strengthens the "interstate commerce" nexus of the case. Fourth, is likely to have dealt most closely with Epstein's New York assistants, Groff and Steen. The best way to strengthen our case at this point is to "flip" one of the assistants, and Groff is the most likely to flip if we have sufficient evidence to charge her. Steen is another potential cooperator, but we have heard from another witness that Steen had done something to upset Epstein and he "shipped her off" to the Middle East to work for one of his companies there. The U.S. Attorney's Manual recommends prosecuting witnesses in aajsystpn such as this and getting their cooperation as part of a plea bargain. Our evidence against at this time is -2- Case No. 08-80736-CV-MARRA P-008373 EFTA00225371
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ihe e have statements from two victims wh at they went to Epstein's house with We have two telephone messages from that were recovered in the search of R Epstein's home. At this time we do not have any records of telephone calls between and the assistants (we have not identified cell phone number during the relevant peIrt ). us, the likelihood of succeeding on such a prosecution is very small. Furthermore, a decision to prosecute could result in a refusal by many more girls to come forward because the majority of the identified girls brought other girls to Epstein, so all of them would feel at risk. IV. RECOMMENDATION For these reasons, I recommend that the attached Request for Authorization to Apply for Compulsion Order on behalf of be submitted to the Witness Immunity Unit. -3- Case No. 08-80736-CV-MARRA P-008374 EFTA00225372
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US. Department of Justice Request for Authorization to Apply for Compulsion Order (18 U.S.C. 6001-6003; 28 CFR 0.175-0.178) INSTRUCTIONS: Prepare and Submit Original and One Copy. Answer Each Question as Accurately and Completely as Possible. TO: Witness Immunity Unit Criminal Division, Rm. 1056 1001 G Street N.W. Washington, 20530 PHONE NO: (202) 514-5541 TELEFAX NO: (202) 514-1468 FROM: AUSA A. Marie Villafafia United States Attorney's Office 500 S. Australian Ave, Suite 400 West Palm Beach, Florida 33401 PHONE NO: (561) 209-1047 TELEFAX NO: (561) 820-8777 (1) Name of Witness: (3) Nature of Proceeding: ( ) Trial (X) Grand Jury ( ) Other (2) District: Southern District of Florida (4) Name of Sub-ect(s) or Defendants : Jeff Epstein, Kellen, (5) Date of Testimony (two weeks lead time required): July 1, 2008 (6) Proffer of Anticipated Testimony: (7) (8) (X) None Obtained ( ) Proffer by Counsel ( ) Proffer by Witness ( ) Debriefing of Witness ( ) Pursuant to Plea Agreement ( ) Statement in other proceeding Summary of Case or Proceeding: The grand jury investigation is related to interstate travel with intent to engage in illicit sexual conduct, use of a means of interstate commerce to induce or entice a minor to engage in prostit sexual activity, afficking, and related offenses. In short, Epstein used his assistants— , and — to arrange "dates" with underage girls to come to his home to perform sexua acts. is Background and Role in Case or Matter and Summary of Anticipated Testimony or Information: was a victim (she was paid to perform sexual acts when she was under 18) and also was paid LIMITED OFFICIAL USE Previous editions and Form OBD-111A are obsolete Case No. 08-80736-CV-MARRA FORM OBD- I I 1 JAN. 93 P-008375 EFTA00225373
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to bring girls to Epstein, thus could be classified both as a victim and as a co-conspirator. Her testimony will relate to how she was first introduced to Epstein; the type of sexual activity that he engaged in with the girls; the co-conspirators' knowledge of the ages of the victims and the sexual activity that was occurring with Epstein; and the method for arranging the "appointments" with the girls and the recruitment of additional girls. (9) Witness' Family Relationship, if any, to the Subject(s) or Defendant(s): None (10) Assurances or Promises, if any, to Witness in Return for this Testimony: None. (11) Acts of Witness Considered as a Waiver of Fifth Amendment Privilege: None. ( I 2) Means Other than Immunity to Obtai ony: has been > appear before a grand jury or to attend a proffer session. attorney has stated that will not appear unless compelled to do so and will assert her Fifth Amendment privilege in response to questions. (13) Basis Other than Proffer for Summary of Anticipated Testimony: Statements of other witnesses, telephone records, and items seized during search of Epstein's home. (14) Relative Culpability of Witness Compared to Subject(s) or Defendant(s): could be charged as a coconspirator or aider/abettor during the period when she was recruiting of er girls; however, she also qualifies as a victim d e period when she was engaging in sexual activity and while she was a minor. We believe that was a minor d ' ajority of the time she was involved with Epstein. In terms of her relative culpability, is less culpable than the targets of the investigation. Epstein and his assistants paid the gir s or their sexual activity and arranged his schedule of appointments. (15) Why Immunity is Necessary to the Public Interest: State Facts. Epstein is believed to have engaged in sexual activity with at least 36 girls ranging in age from 14 to 18 years old. This activity occurred over a two-year period and some girls were contacted as many as 60 times. To prosecute successfully Epstein and his assistants, we must prove that Epstein and the assistants intended that Epstein engage in this sexual activity before he traveled to the Southern District of Florida or returned to New York, certain charges, that he knew or reasonably should have known that the girls were under 18. , who was both a victim and a "recruiter," is in the best position to testify regarding those intentions. LIMITED OFFICIAL USE Previous editions and Form OBD-111A are obsolete FORM OBD-111 JAN. 93 Case No. 08-80736-CV-MARRA P-008376 EFTA00225374
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(16) Basis for Belief that Witness Will Assert Fifth Amendment Privilege: As explained above, the witness's attorney has informed the undersigned that she will assert her Fifth Amendment Privilege. (17) Likelihood that Witness Will Testify if Immunity is Granted: High. The witness's attorney has stated that the witness will appear and answer questions if immunity is granted. (18) Prosecution of Witness in this Case or Matter: () Yes (X) No ( ) Acquitted ( ) Convicted ( ) Plea If not indicted, why not? If convicted, has the witness been sentenced? Witness has not been indicted because she is more properly classified as a victim. As explained above, she could be charged as a co- conspirator during the period that she recruited girls, but it is believed that her testimony is more important than charging her with those offenses because she also is a victim of the offense. (19) Witness' Privilege Survives Because: Witness' testimony will relate in part to her recruitment of underage girls to engage in sexual activity with Epstein. (20) Witness is Presently Incarcerated: ( ) Ycs (X) No If yes, give details: (21) Pending Federal or Local Charges against Witness: ( ) Yes (X) No If yes, give details: (22) Federal and State Offenses by Witness that Her Testimony Could Disclose: Conspiracy to travel in interstate commerce to engage in illicit sexual conduct; conspiracy to use a means of interstate commerce to induce a minor to engage in sexual activity. (23) Opposition, if any, to Granting Immunity by State or Local Prosecuting Officials: None (24) Effect, if any, of Granting Immunity to the Witness Upon Any Other Federal District: None (25) Conviction of Witness Possible on Evidence Other than His Own Testimony? LIMITED OFFICIAL USE Previous editions and Form OBD-111A are obsolete FORM OBD-111 JAN. 93 Case No. 08-80736-CV-MARRA P-008377 EFTA00225375
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() Yes ( ) No If yes, give details: Not applicable. (26) Violations (Statutes & Descriptions) by Subject(s) or Defendant(s): For all targets: 18 U.S.C. § 2423(b) (travel with intent to engage in illicit sexual conduct); 18 U.S.C. § 371 (conspiracy); 18 U.S.C. § 2422(b) (use of a means of interstate commerce to entice a minor to engage in sexual activity); 18 U.S.C. § 1591(a) (sex trafficking). (27) Witness Previously Immunized? ( ) Yes (X) No If yes, give details: (28) Witnesses for whom Immunity has been Authorized in this Proceeding: and (two other girls who were both victims and recruiters). (29) Date Investigation Began: July 2006 (30) Witness Subject to Electronic Surveillance? ( ) Yes (X) No (31) Birth Date of Witness: (33) Birthplace: (35) Alias: (36) 6/29/88 Brazil Married name is Address of Witness: 4103 31st Avenue, Astoria, NY 11103 (32) FBI I. No.: 34) Social Security No.: None If yes, give details: (37) If Requestor is Department Attorney, Has United States Attorney Been Notified? ( ) Yes ( ) No Not applicable. at ifi de Signature of Requestor Signature of United States Attorney LIMITED OFFICIAL USE Previous editions and Form OBD-111A are obsolete FORM OBD-111 JAN. 93 Case No. 08-80736-CV-MARRA P-008378 EFTA00225376
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U.S. Department of Justice Criminal Division Office of the Assistant Attorney General Washington, DC 20530-0001 JUN 24 2008 The Honorable R. Alexander Acosta United States Attorney Southern District of Florida West Palm Beach, Florida 33401 Attention: A. Marie Villafana Assistant United States Attorney Re: Grand Jury Investigation, Jeffrey Epstein, et al. Dear Mr. Acosta: Pursuant to the authority vested in me by 18 U.S.C. § 6003(b) and 28 C.F.R. § 0.175(a), l hereby approve your request for authority to apply to the United States District Court for the Southern District of Florida for an order pursuant to 18 U.S.C. §§ 6002-6003 requiting to give testimony or provide other information in the above matter and in any er proceedings resulting therefrom or ancillary thereto. Sincerely, Matthew W. Friedrich Acting Assistant Attorney General Sigal P. Mandetker Deputy Assistant Attorney General 7itv;cino. EXHIBIT B-131 EFTA00225377
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