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FBI VOL00009
EFTA00226396
453 sivua
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Page : 0 A Yes. 2 Q Are you familiar with the property located at 3 358 El Brillo Way in Palm Beach? 4 5 6 7 8 9 Epstein. He is the president, the owner, the sole 10 director. It's a business that is solely used for the 11 activities of one of Mr. Epstein's airplanes, which is his 12 Boeing 727. Its tail number is N908JE. 13 14 15 16 17 18 owned by Mr. Epstein. He is also the president, the 19 director and the sole shareholder of that company as well. 20 That company solely does business with his other aircraft, 21 which is a Gulf Stream G-1159B. It bears a tail number 22 N909JE. 23 Q Is that a smaller aircraft than the Boeing? 24 A Yes. 25 Q Just to briefly remind the grand jury about A That's Mr. Epstein residence. Q And he owns that residence? A Yes, he does. Q Are you familiar with Defendant J.E.G.E., Inc.? A Yes. J.E.G.E., Inc. is owned by Jeffrey Q And you mentioned that he is the president and the sole director. Is he also the sole shareholder? A Yes, he is. Q Are you familiar with Hyperion Air, Inc.? A Yes. Hyperion Air, Inc. is also a business EFTA00226576
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Page 20 1 where the evidence has been collected in this case, was 2 the start of your investigation information that you 3 received from the Palm Beach Police Department? 4 A Yes, it was. 5 Q And that included evidence seized during a 6 search of Mr. Epstein's home at El Brillo way? 7 A Yes. 8 Q Also controlled calls that the Palm Beach Police 9 Department placed? 10 A Yes. 11 Q And interviews of girls and other people by the 12 Palm Beach Police Department? 13 A Yes, as well as trash pulls that the Palm Beach 14 Police Department conducted on Mr. Epstein's residence. 15 Q Then when the FBI became involved, the FBI did 16 additional interviews of girls and of recruiters? 17 A Yes. 18 Q They obtained phone records? 19 A Yes, we have. 20 Q And records of payments? 21 A Yes. 22 Q Did this grand jury also subpoena travel 23 records? 24 A Yes. 25 Q Including the flight manifests of the planes EFTA00226577
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Page 2 1 owned by Hyperion and J.E.G.E.? 2 A Yes. 3 Q Did you also get corporate documents related to 4 those two planes? 5 A Yes, we have. 6 Q Once you had obtained all of this information, 7 did the FBI analyze the data, specifically the call 8 information and the flight information to put together a 9 pattern of activity by the defendants? 10 A Yes, we did. 11 Q So you have a series of phone calls coming from 12 these three assistants who were on the board, the two 13 girls who have been identified through this investigation? 14 A Yes. 15 Q When you spoke with those girls, did any of them 16 tell you that they had developed some sort of a personal 17 relationship with the assistants so that they were just 18 chatting over the telephone? 19 A No, not at all. 20 Q All of them said what about the phone calls? 21 A Said that the phone calls were made to set up 22 appointments for Mr. Epstein. 23 Q And the girls referred to it as appointments to 24 work, is that right? 25 A Yes, they were appointments to work. There is EFTA00226578
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Page 22 1 one exception, we're going to talk about her 2 probably next week. She did say on one or two occasions 3 that had called her when she had gone out 4 to California on a trip, I believe. But that is the only 5 time that that was ever mentioned. In fact, we asked, and 6 those phone calls were made for the purpose of setting up 7 appointments for Mr. Epstein. 8 Q Is the investigation continuing? 9 A Yes, it is. 10 Q Are you still trying to locate and interview 11 more girls? 12 A Yes. 13 Q Let's turn to the specific evidence reporting 14 the overt acts and offenses relating to Jane Doe's 1 15 through 5. I know that every member of the grand jury has 16 a copy of the draft indictment before them, and also a 17 chart. 18 Do you have a copy of that chart as well? 19 A I do. 20 Q Do you have photographs of the five girls that 21 we are going to talk about today? 22 A Yes. 23 Q And these are photographs of the people that we 24 are calling Jane Doe's 1 through 5? 25 A Yes. EFTA00226579
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1 2 Page 23 Q And Jane Doe Number 1, you have previously testified about her? 3 A Yes, I have, that's Haley. 4 Q Jane Doe Number 2? 5 A That is G. 6 Q Jane Doe Number 3? 7 A That is Z. 8 Q Jane Doe Number 4? 9 A Faith P. 10 Q And Jane Doe Number 5? 11 A That is IIIIIII E. 12 JUROR: The purpose of Epstein's business with 13 his planes, did he transport? 14 THE WITNESS: To travel around. 15 JUROR: So it wasn't like a business of 16 transporting other people? 17 THE WITNESS: He flew other guests, sometimes 18 unaccompanied, sometimes accompanied. 19 20 any evidence that they started young, like the rest 21 22 23 24 25 JUROR: Kellin, Ross and Marcenkova, do you have of the recruits? THE WITNESS: we have evidence that they are his personal assistants employed by him, not that it was anything like what we were discussing. JUROR: There was an allegation that was made EFTA00226580
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Page 24 1 earlier, back in February, during one of these 2 discussions, about a specilic act that was performed. 3 Can I ask about that? We were told back in February 4 that one of the girls when interviewed had alleged 5 rape, and I hadn't heard about that allegation 6 recently. 7 THE WITNESS: That's probably Jane Doe Number 6. 8 We're going to talk about her, that he lorcibly put 9 her on the table and penetrated her. Yeah, she will 10 be coming up. We're going to do her probably next 11 week. She'll be the first one we'll talk about. 12 BY MS. 13 Q So turning to Jane Doe Number 1, R. You 14 testified about her earlier before this grand jury, 15 correct? 16 A Yes, I did. 17 Q And she also testified before this grand jury, 18 correct? 19 A Yes. 20 Q Can you remind us of her date of birth? 21 A She was born on April 9, 1986. 22 Q Could you briefly refresh the grand jury's 23 recollection of how she was recruited? 24 A She was approached on a beach by Molly Smyth and 25 Tony Figurello (phonetic). They approached her on a beach EFTA00226581
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Page 25 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 and asked her if she wanted to perform massages for Mr. Epstein and make some money. Q From the review of the phone records that you have received, were you able to identify a telephone number associated with Tony Figurello? A Yes. In tact, has Tony Figurello been interviewed? A Yes, he has. Q And has he admitted to being a recruiter for Mr. Epstein? A Yes, recruiter and driver. II you could take a look at Overt Act Number 2, which appears on page five. That states, "On or about March 12, 2004, defendants Jeffrey Epstein and Sara Kellin caused Jane Doe Number 1 to travel to 358 Brillo Way of Palm Beach, Florida." Can you tell us what evidence you have regarding that? A We have reviewed phone records for and Sara that indicate the calls took place, as well as phone records for Tony Figurello and and calls that took place on or about those dates. We've also looked at a flight manifest, and were able to show that Mr. Epstein arrived the day before, on the 11th. We also have statement where she describes the sexual activity that EFTA00226582
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Page 26 1 took place. 2 Q On that date, March 12 of 2004, described 3 going to Mr. Epstein's house and performing a sexual 4 massage? 5 A Yes, on or about that day. 6 Q On or about that date, what did state 7 about being paid? 8 A She was paid $200. 9 Q And that relates to Overt Act Number 3? 10 A Yes. 11 Q And she stated that Mr. Epstein is the person 12 who gave her that? 13 A She told us that in her statement. 14 Q If you could take a look at Overt Act Number 95, 15 which is on page 17. On or about February 6, 2005, 16 Epstein had Jane Doe Number 1 to make one or more 17 telephone calls to Jane Doe Number 2. 18 First of all, who is Jane Doe Number 2? 19 A That would be G., our youngest victim. 20 Q Can you tell us what evidence you have related 21 to that overt act? 22 A We have the girl's statements that calls were 23 made. We also reviewed the phone records that indicated 24 that there was telephonic contact between the numbers 25 belonging to and EFTA00226583
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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 Page 27 Q And in the statement of both girls, did they describe that is the person who called looking for someone to come and work at Mr. Epstein's house? A Yes. Q Looking at Overt Act Number 96. On or about February 6, 2005, Epstein caused Jane Doe Number 1 to transport Jane Doe Number 2 to 358 El Brillo Way. What is the evidence related to that? A Again, the statements of and ■ support that as further evidence, and also reviewing the phone records they indicate that there was telephonic contact between Sara Kellin and and and Q Overt Act Number 97, on or about February 6, 2005, Epstein made a payment of $300 to Jane Doe Number 2 and a payment of $200 to Jane Doe Number 1. What was the evidence of that? A Both and stated in their statements that ■ was paid $300, and was paid $200 for bringing Q Did ■ explain why she was paid $300? A Yes, she was paid $300 because she performed her massage. Mr. Epstein digitally penetrated and used a massager on Sage's vagina. • After this date, after February 6, 2005, was EFTA00226584
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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 Page 28 $300 found in ■ G.'s purse when it was searched at her school? A Yes, it was, by a school administrator. Q If you could look at Overt Act Number 117, which is on page 19, and that states that on or about March 30, 2005, Kellin caused one or more calls to be made to a telephone used by Jane Doe Number 1. What evidence do you have related to that? A We reviewed the phone records of Sara Kellin and that indicate this. Q And Overt Act 120, on or about March 31, Kellin caused one or more calls to be made to a telephone used by Jane Doe Number 1. A Again, we reviewed the phone records that indicated there was telephonic contact between the numbers belonging to Sara and Haley. Q Then we have Overt Act Number 122, which is also March 31, that Epstein and Kellin caused Jane Doe Number 1 to make a call to a telephone used by Jane Doe Number 2. What evidence do you have related to that? A We have phone records that we have reviewed belonging to Haley and In this case, we also have a voice mail that was provided to us b the Palm Beach Police Department, a voice mail of leaving a voice mail message on s phone. EFTA00226585
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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 Page 29 Q And Overt Act Number 123 refers to April 1st. What evidence do you have related to that? A we have reviewed the phone records of and that indicate telephonic contact was made on this day. We also again have another recorded voice mail by left on phone. Q These later calls, the March-April calls, are those the controlled calls that the Palm Beach Police Department was involved in? A There was controlled calls placed to 's cell phone and to place of work by under the supervision of the Palm Beach Police Department. of Q And the voice mail message that you referred to calling what information was leaving in that voice mail message? A was asking for Sage to get back in touch, that she had set up an appointment for at Epstein's house on the following day, on that Saturday at around 10:30 or 11:00. Q In addition to the phone records, was there anything that the Palm Beach Police Department found that also confirmed that this appointment actually was made. A As I mentioned earlier, the Palm Beach Police Department was doing trash pulls on Mr. Epstein's residence. In there, there were two messages or notes in EFTA00226586
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Page 30 1 there on Epstein's personalized stationary. On it it 2 said, " with Sage on Saturday at 10:30, and on 3 Saturday with at 10:30." That's the exact message on 4 the two notes that were found in his trash when they 5 retrieved it on April 8. 6 Q If I could direct your attention to Count Number 7 Five, which appears on page 26. That is the charge of 8 enticement of a minor, referring to Jane Doe Number 1, and 9 Mr. Epstein and Miss Kellin are charged. 10 I know that you talked about the telephone 11 traffic. The calls between and Tony Figurello, did 12 they fall within that March 7 through March 11 time 13 period? 14 A A review of their telephone records do indicate 15 that there were phone calls made during that time. 16 Q And Jane Doe Number 1 actually went to Mr. 17 Epstein's home? 18 A Yes, and performed a massage for him in the 19 nude. 20 Q And she was paid 'or that? 21 A Yes, she was paid $200. 22 Q And he masturbated in front of her, correct? 23 A Yes, he did. I would like to include that Sara 24 Kellin took upstairs for that massage, and she also 25 set up the massage table and arranged the oil and lotions EFTA00226587
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Page 31 1 for to do that massage. 2 Q And also, just so it's clear, how old was 3 at that time? 4 A She was 17. 5 MS. VILLAFANA: Are there any questions about 6 either how that evidence was presented or about the 7 charges related to Jane Doe Number 1? Seeing no 8 questions, we'll turn to Jane Doe Number 2. 9 BY MS. IILLAFANA: 10 Q You previously mentioned that that was ■ G.? 11 A Yes. 12 Q Let's turn to Count Number Six, which is on page 13 26, which is the enticement of ■ G. If you could tell 14 the grand jury about the evidence related to that. 15 A date of birth is 16 Q So during this period of February 5, 2005 to the 17 6th, how old was she? 18 A She was 14. 19 Q Can you remind the grand jury about the evidence 20 related to the enticement of 21 A As we stated earlier, we talked about the 22 telephone calls. We have shown that the facility of 23 interstate commerce was used by the telephone calls made 24 by their cell phones. We examined specifically Sara 25 Kellin's, and Those calls were made to EFTA00226588
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Page 32 1 set up and arrange appointments for Mr. Epstein to have 2 his massages. 3 Pertaining to during the massage that 4 occurred on those dates, February 6, in particular, I 5 think I have discussed with you before what occurred on 6 that, that he fingered IIIII- and that was his term for 7 it -- and that he used a massager on her. 8 He did masturbate during that massage, and she 9 believed he ejaculated because he wiped off his penis with io a towel. She was paid $300, and we know that she was 14 11 at the time. 12 Q If we could turn to Count Number 43, which 13 appears on page 31. Count 43 is one of the travel counts. 14 If you could tell the grand jury, did a trip occur on 15 March 31, 2005? 16 A Yes, we have flight records that indicate a 17 flight occurred on that date. 18 Q What type of plane was used? 19 A I'm going to refer to the J.E.G.E., Incorporated 20 aircraft as just the Boeing 727. If we talk about the 21 Hyperion Air, Incorporated aircraft, which is the Gulf 22 Stream, I will just say the Gulf Stream. So on that date 23 he did travel on his Boeing 727, on 3-31. 24 Q And Mr. Epstein was aboard the plane on that 25 day? EFTA00226589
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Page 33 1 A Yes, he was. 2 Q With respect to the March 31st trip, was there 3 evidence of him setting up the appointment with ■ prior 4 to that trip? A We do have telephonic contact between and 6 IIIIIIIIIII as well as and ■ on the day before 7 and the day of travel. 8 Q And even though that appointment was never kept, 9 that ■ never went to that appointment, you have the 10 notes that were retrieved from the garbage that showed 11 that Mr. Epstein was expecting ■ to show up for that 12 appointment? 13 A Yes. 14 Q Anything else with respect to that particular 15 count? 16 A We also have the controlled calls and the voice 17 mails. 18 Q Turning to Count Number 60, which appears on 19 page 34, that is the attempted enticement of ■ G. 10 during the period of March 30 to April 1. 21 Again, at that point, ■ G. was how old? 22 A She was 14. 23 Q And we had talked about the telephone calls that 24 were used. One of the things that is relevant to this 25 particular count was that in addition to the fact that EFTA00226590
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Page 34 1 ■ G. was 14, did you interview a girl who went with 2 ■ when she went to Mr. Epstein's house back in 3 February? 4 A Yes, we did, that would be 5 Q And was interviewed? 6 A Yes, she was interviewed by the Palm Beach 7 Police Department. 8 Q what did II say about appearance? 9 A That she was the youngest looking girl that 10 came. 11 Q when you talked with did talk about 12 girls that Mr. Epstein liked in particular? 13 A Yes. 14 Q And was ■ G. one of those girls? 15 A Yes, she was one of his preferences. also 16 told us that Mr. Epstein said to her on one occasion, "The 17 younger, the better." 18 Q And there was never any attempt to get 19 I.D. or to confirm her actual age? 20 A No. 21 Q As we discussed before, Sage never actually went 22 to that point, right, so that is just an attempt? 23 A Yes. 24 MS. VILLAFANA: Are there any questions from the 25 grand jury? Seeing no questions, we'll see you next EFTA00226591
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Page 35 1 2 3 4 5 6 7 8 9 10 11 12 33 14 15 16 17 18 19 20 21 22 23 24 25 week. Thank you. (Witness excused.) CERTIFICATE OF REPORTER I CERTIFY pages 1 to 35 is a true transcript of my shorthand notes of the testimony of E. KUYRKENDALL, before the Federal Grand Jury, West Palm Beach, Florida, on the 8th day of May, 2007. Dated at West Palm Beach, Florida this 23rd day of May, 2007. tic sii>" 4/1 4/1, Philip W. May, Court Reporter EFTA00226592
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Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA IN RE: OPERATION LEAP YEAR APP • ESQUIRE Federal Grand Jury, 07-103 West Palm Beach, Florida May 8, 2007 Assistant United States Attorney Foreperson TESTIMONY OF JASON RICHARDS Exhibit 25 EFTA00226593
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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 Page 2 The sworn testimony of JASON RICHARDS was taken before the Federal Grand Jury, West Palm Beach Division, West Palm Beach, Palm Beach County, State of Florida, on the 8th day of May, 2007. Philip W. May, Court Reporter, was authorized to and did report the sworn testimony. EFTA00226594
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Page 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 (The witness entered the grand jury room.) JASON RICHARDS having been duly sworn by the grand jury foreperson, was examined and testified on his oath as follows: EXAMINATION BY Q Special Agent could you state and spell your name for the record. A • By whom are you employed? A I'm employed by the FBI. Q What is your position with the FBI? A a special agent, and have been so for four years. Q Are you one of the agents assigned to the investigation known as Operation Leap Year? A Yes, I am. Q Were subpoenas caused to be issued on behalf of this grand jury in connection with that investigation? A Yes. • And have documents been received in response to those? A Yes. • What additional subpoenas have been issued, and what have you received in response? EFTA00226595