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FBI VOL00009
EFTA00226396
453 sivua
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34 1 was made was a trip over to Mr. Epstein's house to 2 perform a massage. 3 MS. Yes, ma'am. 4 A GRAND JUROR: couldn't they put anything in 5 this indictment about stalking her, are there any 6 rules against stalking children? 7 MS. VILLAFANA: I will address -- that is a 8 legal question that i will address when the Special 9 Agent is outside of the Grand Jury. Any other 10 factual questions related? 11 A GRAND JUROR: I don't have a question 12 relating to Jane Doe number 4, it was a question 13 asked last week, what does Mr. Epstein do for work, 14 how does he make his money? I asked that late, 15 late in the ame last week. 16 MS. Okay, I guess we can just 17 address that now. 18 BY MS. VILLAFANA: 19 Q What is Mr. Epstein's state of profession? 20 A He is an investor. 21 Q And he manages portfolios valued at about a 22 billion or more? 23 A Yes. 24 Q who is his best known client? 25 A The owner of the Limited and victoria secret. OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226636
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35 1 Q And you mentioned that as gifts Mr. Epstein 2 tended to give Victoria secrets panties and bra sets? 3 A Yes. 4 Q Does that answer the question? 5 A GRAND JUROR: Yes. 6 MS. Yes, ma'am. 7 A GRAND JUROR: Count 28 I thought I heard 8 that -- I thought I heard the detective say that it 9 was the Gulfstream rather than the Boeing 727 on 10 flight records, just for your info. 11 MS. VILLAFANA: Count number 28, let's go back 12 there. 13 BY MS. VILLAFANA: 14 Q Could you restate for the Grand Jury which 15 company owns the Gulfstream? 16 A The Gulfstream is owned by Hyperion Air, Inc. 17 Q And the Boeing is owned by whom? 18 A JEGE, Inc. 19 Q Any other questions before we go on to Jane 20 Doe number 5? We have four minutes. 21 Special Agent Kuyrkendall, why don't I ask you 22 to step outside so I can answer that question for the 23 Grand Jury and address some issues. 24 (The witness was excused from the Grand Jury 25 room.) OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226637
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36 1 (Questions posed by the Grand Jury.) 2 (The testimony of the witness was concluded 3 before the Grand Jury.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226638
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37 1 CERTIFICATE OF REPORTER 2 3 4 5 I certify pages 2 through 36 are a true transcript of my 6 shorthand notes of the testimony of E. 7 Kuyrkendall before the Federal Grand Jury, west Palm 8 Beach, Florida on the 15th day of Tuesday, 2007. 9 10 kIct\,,, A 11 Nancy Siegel-Notary Public 12 Commission #DD0282274 13 Expires may 8, 2008 14 15 16 17 18 19 20 21 22 23 24 25 OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226639
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LAW OFFICES OF Gurtaban B. Laconic, PG A PROFESSIONAL CORPORATION 148 CAST 78,- STREET NEW YORE., NEW YORK 10021 GERALD B. LEFCOURT IlifCOUR@WCOUSIAT COM SHERYL E. REICH roichadcouriwtoum RENATO C. STABILE Pabil*Ellefoourtlawcorn FAITH A. FRIE0mAN iMatnenalelowitaw Torn VIA E-MAIL pt Ft3W IEs tief, Northern Region Office of the United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Dear al May 22, 2007 Jeffrey Epstein TELEPHONE 12 I a) 737-0400 FACSIMILE (212) 9884102 I write as counsel to Jeffrey Epstein, the subject of a grand jury investigation being conducted by your office. I understand from you that in the next month or two a decision will be made by your office whether to seek an indictment of Mr. Epstein. This will confirm that, prior to any such decision being made, 1 and other attorneys on behalf of Mr. Epstein will be given an opportunity to meet with you. Additionally, because we believe that any decision to indict requires both a complex legal analysis in a detailed factual context and resolution of significant policy concerns, if our meeting does not resolve the matter, we would like an opportunity to make a presentation first to Matthew Menchel, Chief of the Criminal Division, and Jeffrey Sloman, First Assistant United States Attorney, and then, again, if no resolution is reached, the opportunity to meet with United States EXHIBIT 28 EFTA00226640
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L.Aw Orr ICES or GERAIS) 13. InecounT, P.C.. Deputy Chief, Northern Region Office of the United States Attorney Southern District of Florida May 22, 2007 Page 2 Attorney Alexander Acosta. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to call. ,Very truly yours, A cc: Gerald B. Lefcourt EFTA00226641
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VilWane, Ann Marie C. (USAFLS) From: Sent: To: Cc: Subject: Attachments: Gentlemen, Jeffrey Epstein 2007-05-22 letter to AUSA Lourie.pdf Marie and I have already met with Lefcourt, which is really the meeting I promised him. I spoke to him last week and he said he had more information they wanted to present. I told him he could make an appointment to come in again if he wanted to and that we would meet with him again, but I did not promise that we would wait to give him a meeting "before" we charged. So, I think he is really ready for the next level rather than a second meeting with me. Mike Tein also mentioned to me at some point that they wanted to make a presentation on the law and I suggested to him that he contact Matt without telling him exactly what stage of review we were at. I don't know if Tein and Lefcourt have crossed wires or not. In any event, I am forwarding this letter to you. I am going to suggest to Lefcourt the same thing that I suggested to Tein. I assume you would grant his attorneys a chance to make whatever presentation they desire. It would probably be helpful to us in any event to hear their legal arguments in case we have missed something. Whether in would be present or grant them another meeting after that is his call. Andy - - From: Se To: Cc: Subjeet-3effrey Epstein - . \ - - - - - - - . - ^ ailto:GBL@Iefcourtlaw.corn] Andy, attached is a letter seeking meetings. as discussed with you, but with others if it is not resolved. Thanks for your attention. Could you email back so that I know you have received this letter? Gerald B. Lefcourt Gerald B. Lefcourt, P.C. 148 E. 78th Street New York New York 10021 Tel. Fax obkaletcourtlaw com 153 Exhibit 28 EFTA00226642
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From: Sent: To: Subject: IS1 just want to again voice my disagreement with promising to have a meeting or having a urt or any other of Epstein's attorneys. As I mentioned, this is not a case where we will be sitting down to negotiate whether a defendant will serve one year versus two years of probation. This is a case where the defendant is facing the possibility of dozens of years of prison time. lust as the defense will defend a case like that differently than they would handle a probation-type case, we need to handle this case differently. Part of our prosecution strategy was already disclosed at the last meeting, and I am concerned that more will be disclosed at a future meeting. : Jeitrey Epstein PM u think? My co-chair, , who has prosecuted more of these cases than the rest of us combinedianclaAcho , also opposes a meeting. We have been accused of not being "strategic thinkers" because of our opposition to these meetings, but we are simply looking at this case as a violent crime prosecution involving stiff penalties rather than as a white collar or public corruption case where the parties can amicably work out a light sentence. With respect to the "policy reasons" that Lefcourt wants to discuss, those were already raised in his letter (which is part of the indictment package) and during his meeting with Andy and myself. Those reasons are: (I) he wants the Petit policy to trump our ability to prosecute Epstein, (2) this shouldn't be a federal offense, and (3) the victims were willing participants so the crime shouldn't be prosecuted at all. Unless the Office thinks that any of those arguments will be persuasive, a meeting will not be beneficial to the prosecution, it will only benefit the defense. With respect to Lefcourt's promised legal analysis, that also has already been provided. The only way to get additional analysis is to expose to the defense the other charges that we are considering. In my opinion this would seriously undermine the prosecution. The defense is anxious to have a meeting in order to delay the investigation/prosecution, to find out more about our investigation, and to use political pressure to stop the investigation. I have no control over the Office's decisions regarding whether to meet with the defense or to whom the facts and analysis of the case will be disclosed. However, if you all do decide to go forward with these meetings in a way that is detrimental to the investigation, then I will have to ask to have the case reassigned to an AUSA who is in agreement with the handling of the case. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 Sent: Tuesda Ma 22 2007 6:33 PM To: Subject: FW: Jeffrey Epstein EFTA00226643
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fyi From: Sent: ay, ay To: 'Gerald Lefcourt' Subject: RE: Jeffrey Epstein I have your letter. I think we are on the same page, but to be sure I do want to clarify that we spoke the other week and I did say that if you want to meet with me again, I am ready to do so. The wording of your letter, however, suggests implicitly that I agreed to contact you before a decision is made to seek an indictment of Mr. Epstein. If that was your understanding, then please allow me to clarify. Our investigation is ongoing and if we decide to seek an indictment, we don't intend to call Mr. Epstein's representatives to let him know that. Of course, in the interim, if you would like to make a presentation to us, we are willing to listen. Along those lines, given the fact that we have already met once, with schedules being what they are, it makes sense for our criminal chief, Matt Menchel, to be included when you make another presentation, rather than working up the chain incrementally. I realize you were being respectful in not attempting to leapfrog over me, which I appreciate. I will pass on your request to meet with the U.S. Attorney as well, but can't commit for him one way or another. When you have some dates in mind, let me know and I will try to set up a meeting in Miami. From: Gerald Lefcourt [mailto:GBL@Iefcourtlaw.cornj Sent: Tuesday, May 22, 2007 2:05 PM TANIS Subje e rey Epstein M I attached is a letter seeking meetings, as discussed with you, but with others if it is not resolved. Thanks for your attention. Could you email back so that I know you have received this letter? Gerald B. Lefcourt Gerald B. Lefcourt, P.C. 148 E. 78th Street New York, New York 10021 Tel. Fax 0blOlefcourtlaw.com Tracking: 2 EFTA00226644
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Villafana, Ann Marie C. (USAFLS) From: Sent: To: Subject: Please put in your file. thx FW: Jeffrey psein From: Gerald Lefcourt [mailto:GBLglefcourtlaw.com] Sent: Wednesda Ma 23, 2007 5:00 PM To: Subject: RE: Jeffrey Epstein Thanks for the email. I will get back to you as to timing of the meeting. Gerald B. Lefcourt Gerald B. Lefcourt. P C 148 E. 78th Street New York New York 10021 Tel. Fax ?Mr" From: Lourie, Andrew (USAFLS) [mailto:Andrew.Lourtegusdoj.gov] Sent: Tuesday, May 22, 2007 6:32 PM To: Gerald Lefcourt Subject: RE: Jeffrey Epstein I have your letter. I think we are on the same page, but to be sure I do want to clarify that we spoke the other week and I did say that if you want to meet with me again, I am ready to do so. The wording of your letter, however, suggests implicitly that I agreed to contact you before a decision is made to seek an indictment of Mr. Epstein. If that was your _understanding, then please allow me to clarify. Our investigation is ongoing and if we decide to seek an indictment, we don't intend to call Mr. Epstein's representatives to let him know that. Of course, in the interim, if you would like to make a presentation to us, we are willing to listen. Along those lines, given the fact that we have already met once, with schedules being what they are, it makes sense for our criminal chief, Matt Menchel, to be included when you make another presentation, rather than working up the chain incrementally. I realize you were being respectful in not attempting to leapfrog over me, which I appreciate. I will pass on your request to meet with the U.S. Attorney as well, but can't commit for him one way or another. When you have some dates in mind, let me know and I will try to set up a meeting in Miami. From: Gerald Lefcourt [mailto:GBLglefcourtlaw.com] May 22, 2007 2:05 PM T C Su 191 EFTA00226645
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Andy, attached is a letter seeking meetings, as discussed with you, but with others if it is not resolved. Thanks for your attention. Could you email back so that I know you have received this letter? Gerald B. Lefcoun Gerald B. Lefeourt. P.0 148 E. 78th Street New York New York 10021 Tel. .0400 Fax oblate court aw.com 142 EFTA00226646
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1 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA COPY RE: OPERATION LEAP YEAR / TESTIMONY Ill= SPECIAL AGENT Federal Grand Jury 07-103 Federal Building U.S. Courthouse West Palm Beach, Florida Tuesday, May 22, 2007 APPEARANCES: Exhibit 29 OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226647
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2 t 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The sworn testimony of SPECIAL AGENT E. was taken before the Federal Grand Jury, West Palm Beach Division, Federal Building, U.S. Courthouse, Palm Beach County, State of Florida, on Tuesday, May 22, 2007. Paula E. Angelocci, Certified Court Reporter and Notary Public, State of Florida, Official Reporting Service, LLC, 524 South Andrews Avenue, Suite 302N, Fort Lauderdale, Florida, 33301 , was authorized to and did report the sworn testimony. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226648
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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 (Witness enters the Grand Jury Room.) THE FOREPERSON: You do solemnly swear that the testimony you give will be the truth, the whole truth, and nothing but the truth, so help you God? THE WITNESS: I do. THE FOREPERSON: Thank you. Please be seated. EXAMINATION BY MS. Q Good afternoon, Special Agent. A Good afternoon. Q Could you remind the grand jury of your name and with whom you are employed? A It's I'm a special agent with the FBI here in West Palm Beach and I work violent crimes. Q Are you the case agent on Operation Leap Q Okay. Before we get back to our review of the draft proposed indictment, I know that a question was raised regarding whether the grand jury transcripts are being made available to OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226649
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4 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 counsel for the defense, are they? A No. Q And is Mr. Epstein considered a high flight risk by the FBI and the U.S. Attorney's Office? A Yes, he is. Q So is the status of the investigation in terms of when an indictment might be returned considered highly confidential? A Yes. Q And are there any personal relationships between any members of the U.S. Attorney's Office and counsel for Mr. Epstein? A Yes. Q And is that one of the reasons why we have decided to use, In Re: Abbott, when referring to this case? A Yes. Q Okay. Now we had left off just prior to the beginning of the discussion of Jane Doe Number Five. Could you tell the grand jury a little bit about Jane Doe Number Five? A Jane Doe Number Five is Felicia E. Her date of birth is June 18, 1987. We have phone activity that began with Felicia when she was 17 OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226650
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5 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 years old beginning in November of 2004, going through to almost April, I guess, to the end of March 2005. We have contact, telephone contact between with approximately 70 phone calls in that time period as well as approximately seven phone calls with Adriana Ross regarding the setting up of appointments to provide massages to Mr. Epstein. Q Now did Felicia explain how she was first introduced to Mr. Epstein? A Yes, she did. Shasdy Il was the one that approached Felicia. III'. also attends Royal Palm Beach High School as well as our other first four girls on the board, the Jane Does up there. Shasdy told her that she would need to wear something sexy, that she would be providing Mr. Epstein with a massage and that she would receive $200, and if she was asked she should tell Mr. Epstein that she was 18. On the first massage that Felicia went to Mr. Epstein's house, she removed her shirt at his request and she performed the massage. She was paid $300 for that massage. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226651
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6 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 During that massage, she told Mr. Epstein that she was 18 years of age. He asked her age. They also discussed many things that I'll" a was interested in. They talked about his ranch. They talked about horses. They actually also talked about cars. At one point later on, Mr. Epstein let's her drive a brand new Lexus, test drive a brand new Lexus. So those were some of her interests and Mr. Epstein talked to her about that. Illilla told us that the massages became more sexual in nature and she stated that she did more than ten massages, but that she couldn't quite put a number on how many massages she provided to Mr. Epstein, but it was definitely more than ten. She was not -- when she was interviewed by the Palm Beach Police Department, she did tell them that it was more around five or six massages. She stated that she minimized to the detectives when they came to interview her. They came to her house and her dad was due home any time and what was foremost on her mind was my dad is going to be here any minute. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226652
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7 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 She cooperated. She told them what had happened, but she minimized it more in an effort that she just wanted them to leave before her parents got home. At this point, her parents were not aware of what took place. As the massages became more sexual in nature, she describes that the first sexual massage -- he always instructed her on what to do, and on the first massage he had asked her to remove her clothing. She was down to her underwear at this point. He asked her to straddle him while he laid face up and continued to massage his chest and pinch his nipples and rub his chest. He at that point reached through her legs and masturbated. On another occasion, she was completely nude and she did several of the massages in the nude for Mr. Epstein. In this particular massage, she stated that Mr. Epstein licked his hand and went down and stroked her vagina and actually penetrated her vagina. She pulled away and he said that he wanted to touch her and that he also wanted to OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226653
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8 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 taste her. He stopped at that time, but then before the massage was over, he digitally penetrated her again. He had used a back massager on her on at least two occasions. She did not like that and she told him that and he responded something to the effect: What are you scared to have pleasure? And she told him she didn't like it. On the second to the last massage that =.a gave Mr. Epstein, she was giving him a massage and he took her into the bedroom and asked her to get fully unclothed. He actually took a phone call and told her that she should get undressed and lay on the bed completely naked. He just wanted to look at her. He took his phone call. After the phone call was over, he ended up vaginally penetrating Felicia as well as performing oral sex on Illilla. She said that she felt very dirty after that massage or after that time and she had decided that the next massage would be her last massage, that she did not want to go back. During the last massage she gave, she kept looking at the clock. Mr. Epstein commented OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226654
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9 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and noticed that she was looking at the clock and she made reference to that her boyfriend was waiting and Mr. Epstein said that, you know, she was ruining his massage and that if she didn' t want to be here she should leave. She told him at this time this would be her last massage. She was paid anywhere Irom $300 to $600 during the time that she worked for Mr. Epstein. It was who took her upstairs that first time or took her upstairs and set up the massage table. She was given some gifts by Mr. Epstein as well. She received bra and pantie sets Irom him, 'a Secret bra and pantie sets. She also received a book of poetry from Mr. Epstein. She was Western Unioned a wire of $200 as a Christmas bonus to I'll" a from Mr. Epstein. Q How did Mia get to and from Mr. Epstein's home? A She had a vehicle that she would drive if she didn't ride with one of the other girls. If she was grounded and could not get to Mr. Epstein's house, he would send a car for her. There was a local taxi service and she stated that on several occasions it was a Lincoln OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226655