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FBI VOL00009
EFTA00227381
2265 sivua
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APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: Case No. 08-80736-CV-MARRA P-000541 EFTA00227921
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0 r. .< 44 Co Case No. 08-80736-CV-MARRA P-000542 EFTA00227922
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Case No. 08-80736-CV-MARRA P-000543 EFTA00227923
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0 r ►e Ze c:, Case No. 08-80736-CV-MARRA P-000544 EFTA00227924
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%AOI 10 (Rc. S.tix<na u, remit, defuse (ifand lury UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WP15)-Tues./No. 0LY-80 SUBPOENA FOR: E1 PERSON O DOCUMENT(S) OR OBJECT(S) YOU ARE HEREBY COMMANDED to appear and testify before die Grand Jury of die United States District Court at the place, date, and time specified below. PLACE United States District Court 701 Clematis Street West Palm Beach, Florida 33401 COURTROOM Grand Judy Room DATE AND TIME 5/6/200810:30 am YOU ARE ALSO COMMANDED to bring with you the following document(s) or objunBS):41 CI Please see oddinonal information on rev, This subpoena shall remain in eff behalf of the court. . (By) Deputy Clerk n by the court or by an officer acting on NA ADDRESS AND PHONE NUMBER OF ASSISTANT t1 S ATTORNEY This is tuns on boot ion out us ra tan venue, uI e 01-6235 • If nue applicable. auct 'cane- Case No. 08-80736-CV-MARRA P-000545 EFTA00227925
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Case No. 08-80736-CV-MARRA P-000546 EFTA00227926
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United States District Court ■ SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-Fri./No. OLY-80/2. SUBPOENA FOR: 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: April 15, 2008 I :00pm YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): Please coordinate your compliance with this subpoena and confirm the date and time of your appearance with Special Agent Federal Bureau of Investigation, Telephone 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. CLERK (BY) DEPUTY CLERK This subpoena is issued upon application of the United States of America DATE: March 12, 2008 S. Attorney . Australian Avenue, lute West Palm Beach, FL 33401-6235 EFTA00227927
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Case No. 08-80736-CV-MARRA P-000548 EFTA00227928
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United States District Court SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-Fri./No. OLY-81 SUBPOENA FOR: PERSON El DOCUMENTS OR OBJECTISI 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: Apnl I S, 2008 I:00pm YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): Please coordinate your compliance with t 1 the date and time of your appearance with .Special Agent Federal Bureau of Investigation, Telephon 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 coon. I I NK Name. Address and Phone Number of Assistant U.S. Attorney This subpoena is issued upon application of 1st Cu. DATE: March 12, 2008 500 So. Australian Avenue, Suite 400 West Pahn fln-h FL 33401-6235 o. 08 80736-CM= P-000549 EFTA00227929
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Case No. 08-80736-CV-MARRA P:.0005.50 EFTA00227930
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AO 93 (Rev. 5/85) Search Warrant United States District Court SOUTHERN DISTRICT OF In the Matter of the Search of (Name, address or brief description of property or premises to be searched) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation FLORIDA SEARCH WARRANT CASE NUMBER 08-8067-LRJ . a TO: L BUREAU OF INVESTIGATION , and any Authorized Officer of the United State Affidavit(s) having been made before me by who has reason to believe that Li on the person of or Edon the premises known as (name, description and/or location) One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation, 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the SOUTHERN District of concealed a certain person or property, namely (describe the person or propeny/ FLORIDA the electronic information contained in that CompactFlash memory card, there is now which is property that constitutes evidence of the commission of a criminal offense, instrumentalities of such violations; and any fruits of those crimes, that is, violations of 18 U.S.C. 44 371, 1591, 2252, 2252A, 2422, and 2423. I am satisfied that the affidavit(s) and any recorded testimony establish probable cause to believe that the person or property so described is now concealed on the person or premises above-described and establish grounds for the issuance of this warrant. YOU ARE HER OMMANDED to search on or before 3 z 7 -0, " Mete/ e person or property specified, serving this warrant Mat any time in the day or night as I find perty be found there to seize same, leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of the person or property seized and promptly return this warrant to the duty Magistrate Judge as required by law. e person or making the search (i ?cable cause has been estab 3- Date and Time Issued LINNEA R. JOHNSON 1 nited States Ma istr e ud Name and Title of Judicial Of cer ‘37-77 9 ef K, WEST PALM BEACH, FLORIDA City and State 57 7 : 2 --1 Sig urn of Judicial Officer 6-CV-MARRA P-000551 EFTA00227931
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION ORDER GRANTING UNITED STATES' MOTION TO SEAL This matter comes before the Court upon the United States' Motion to Seal the documents related to its Search Warrant Application. The Court being fully apprised in the premises, ordcrs that the motion is hereby GRANTED. DONE AND ORDERED in charbers, in West Palm Beach, Florida, this / 7 day of March, 2008. cc: 4MAUSA LINNEA R. JOHNS° UNITED STATES AGISTRATE JUDGE Case No. 08-80736-CV-MARRA P-000552 EFTA00227932
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• (Rev. 052005)Sealtd Noma Tackle. Fam UNITED STATES DISTRICT COURT Southern District of Florida Number: 01549061-1-RJ In Re SEARCH WARRANT APPLICATION SEALED DOCUMENT TRACKING FORM Pony Filing Mauer Under Seal Name: Address: 500 S. Australian Ave. Was 400. West Palm Bea FL 33401 On behalf of (select one): Telephone: AIM 0 Plaintiff O Defendant Date scaled document filed: 3/17/2005 If sealed pursuant to stars, cite statute: FOCI. R. can. P. 6(e) (Gnat Jury Weeds° If sealed pursuant to previously entered protective order, date of order and docket entry number: The matter should remain sealed until: O Conclusion of Trial 0 Arrest of First Defendant Case Closing 0 Conclusion of Direct Appeal O Other: O Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the filed matter should be (select one): O Unsealed and placed in the public portion of the court file O Destroyed O Returned to the party or counsel for the party, as identified above Attorney or: M avantUnited a s or#nuno Case No. 08-80736-CV-MARRA P-000553 EFTA00227933
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-8067-LRJ IN RE: SEARCH WARRANT APPLICATION MOTION TO FILE DOCUMENTS UNDER SEAL The United States of America, by and through the undersigned Assistant United States Attomcy, hereby moves to seal its Application for Search Warrant for the following reasons: 1. The attached documents contain information relating to an ongoing grand jury investigation; thus, pursuant to Fed. R. Crim. P. 6(e)(6), all records and orders related to the grand- jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before the grand jury. 2. Public disclosure of this matter would jeopardize the criminal investigation, notify potential subjects and/or targets and undermine the public interest and the function of the grand jury. WHEREFORE, the United States respectfully requests that the aforementioned documents be sealed. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Telephone: Facsimile: Case No. 08-80736-CV-MARRA P-000554 EFTA00227934
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AO 106 (Rev. SIS) Affidavit for Warrant United States District Court SOUTHERN In the Matter of the Search of (same. address Of Odd desolodos el pence as be marched) DISTRICT OF FLORIDA One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card marked 3608128AW4801CF53 in the custody of the Federal Bureau of Investigation APPLICATION AND AFFIDAVIT FOR SEARCH WARRANT CASE NUMBER: 08-8067-LRJ , being duly sworn, depose and say: I am a Special Agent, Federal Bureau of Investigation , and have reason to believe that on the person of or X on the premises known as (name, description and/or location): One Ritz Big Print Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, in the custody of the Federal Bureau of Investigation 505 S. Flagler Drive, Suite 500, West Palm Beach, Florida in the Southern District of Florida there is now concealed a certain person or property, namely (describe the person or property): the electronic information contained in that CompactFlash memory card, which is (give alleged grounds for search and seizure under Rule 41(b) of the Federal Rules of Criminal Procedure) evidence, instrumentalities, and fruits of a crime, concerning violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423. The facts to support the issuance of a Search Warrant are as follows: see Attached Affidavit of Continued on the attached sheet and made a part hereof. X Yes Sworn to before me, and surstin nap.resence: 3 - (7-6-zr at Date LINNEA R. JOHNSON TES MAGISTRA Name and Title of Judicial Federal Bureau of Investigation WEST PALM BEACH. FLORIDA City ands ate EFTA00227935
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AFFIDAVIT
the "Affiant"), being duly sworn, depose and state:
1.
I am a Special Agent with the Federal Bureau of Investigation ("FBI") and have been
so employed for the past ten (10) years. I am currently assigned to PB-2, the Violent Crimes and
Major Offenses Squad of the Palm Beach County Resident Agency, Miami Division. Among my
responsibilities as a Special Agent are investigating crimes against children, particularly offenses
involving child pornography and the exploitation of children.
2.
I make this affidavit in support of an application by the United States of America for
issuance of a warrant to search and seize evidence of violations of Title 18, United States Code,
Sections 371, 1591, 2252, 2252A, 2422, and 2423; instrumentalities of such violations; and any
fruits of those crimes located within electronic media, specifically two 128M33 CompactFlash
memory cards, seized in October 2005 by The Town of Palm Beach Police Department("PBPD")
during the execution of a State of Florida search warrant at the premises located at 358 El Brillo
Way, Palm Beach, Florida 33480, owned by Jeffrey Epstein (hereinafter, "Epstein's residence").
Those CompactFlash memory cards are more fully described as follows: (a) one Ritz Big Print
Digital Film 128 Megabyte CompactFlash memory card, marked 3608128AW4801CF53, and (b)
one PNY Technologies
128 Megabyte CompactFlash memory card, marked
THNCF I 28MMA(T0DCB) 999223 TAIWAN 0247 (hereinafter jointly referred to as "CompactFlash
memory cards").
3.
The facts set forth in this affidavit are based on my personal knowledge, information
obtained in this investigation from others, including other law enforcement officers, my review of
documents and records related to this investigation, and information gained through my training and
-1-
Case No. 08-80736-CV-MARRA
P-000556
EFTA00227936
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experience. Since this affidavit is being submitted for the limited purpose of securing a search warrant,1 have not included each and every fact known to me concerning this investigation, but have set forth only those facts necessary to establish probable cause to believe that evidence, instrumentalities, and fruits of crimes, that is violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423 will be found within the CompactFlash memory cards, specifically the electronic information contained therein. The Statutes Involved 4. The investigation involves possible violations of Title 18, United States Code, Sections 371, 1591, 2252, 2252A, 2422, and 2423, which provide as follows: a. 18 U.S.C. § 371 makes it an offense for two or more persons to conspire to commit an offense against the United States; b. 18 U.S.C. § 1591(a) makes it an offense for anyone to knowingly, in or affecting interstate commerce, recruit, entice, provide, or obtain by any means a person , knowing that the person has not attained the age of eighteen and will be caused to engage in a commercial sex act; c. 18 U.S.C. §§ 2252 and 2252A prohibit the manufacture, possession, distribution, and receipt of child pornography; d. 18 U.S.C. § 2422(b) prohibits the use of a facility of interstate commerce, including the telephone, to persuade, induce, or entice a minor to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense; and e. 18 U.S.C. § 2423(b) makes it an offense for anyone to travel in interstate commerce for the purpose of engaging in any illicit sexual conduct with another person. "Illicit -2- Case No. 08-80736-CV-MARRA P-000557 EFTA00227937
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sexual conduct" includes a commercial sex act with a person under eighteen or other sexual conduct with a person under the age of sixteen. 5. Section 2422(b) refers to activity "for which any person can be charged with a criminal offense." Pursuant to: a. Florida Statutes Section 794.05, a "person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree;" b. Florida Statutes Section 794.021, "ignorance of the age [of the victim] is no defense," and that neither "misrepresentation of age by [the victim] nor a bona fide belief that such person is over the specified age [shall] be a defense;" c. Florida Statutes Sections 800.04(5)(a) and 800.04(5)(c)(2), an adult "who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation," which is a felony of the second degree if the victim is 12 years of age or older but less than 16 years of age; d. Florida Statutes Sections 800.04(6)(a) and 800.04(6)(b), an adult "who [i]ntentionally touches a person under 16 years of age in a lewd or lascivious manner or [s]ol icits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct," which is a felony of the second degree; -3- Case No. 08-80736-CV-MARRA P-000558 EFTA00227938
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e. Florida Statutes Sections 800.04(7)(a) and 800.04(7)(c), an adult "who: (1) [i]ntentionally masturbates; (2) [i]ntentionally exposes the genitals in a lewd or lascivious manner; or (3) [i]ntentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to ... the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition," which is a felony of the second degree. f. Florida Statutes Section 800.04(2), "[n]either the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by [Section 800.04]." g. Florida Statutes Section 800.04(3), "[t]he perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under [Section 800.04]." h. Florida Statutes Section 800.02, a "person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree." The Epstein Investigation 6. In the Spring of 2006, Detective with the Town of Palm Beach Police Department contacted me about the investigation of Jeffrey Epstein's solicitation of minors to engage in prostitution and his lewd and lascivious conduct with minors. The FBI opened a case file in July 2006, and your Affiant is the case agent assigned to the investigation. 7. At around the same time that the FBI opened its investigation, the U.S. Attorney's Office began a grand jury investigation. Your Affiant is one of the agents on the Federal Rule of -4- Case No. 08-80736-CV-MARRA P-000559 EFTA00227939
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FI
Criminal Procedure 6(e) list, that is, someone who is authorized to have access to the facts of the investigation and the materials related thereto. 8. As part of the Federal Grand Jury investigation, a subpoena was issued for all of the physical evidence obtained by PBPD during the course of its investigation, including the evidence seized when PBPD executed the search warrant at Epstein's residence in October 2005. Included in the evidence seized during the search of the Premises were the two CompactFlash memory cards. I have reviewed that evidence, which included a number of photographs of topless and nude young women taken at Epstein's residence. The evidence, including the two CompactFlash memory cards that are the subject of this application, have been in the custody of the Federal Bureau of Investigation since August 2006 and have not been tampered with or altered. Prior to that, they were in the custody of the Evidence Custodian of the Palm Beach Police Department, and I understand that the evidence was not tampered with or altered while in PBPD's custody. 9. I note that I am aware that Epstein's attorneys have alleged that Detective- made misstatements in his application for the state search warrant, but they have not moved to suppress any of that evidence in connection with the prosecution of Epstein by the State Attorney's Office for felony solicitation of prostitution. No federal agency was involved in the application for or execution of the search warrant, and this application is based upon evidence obtained through the FBI's independent investigation. 10. During the course of the federal investigation, federal agents have interviewed more than two dozen young women who have reported engaging in sexual activity with Jeffrey Epstein while they were under eighteen. All of those girls have reported essentially the same information. While they were under the age of eighteen (between the ages of fourteen and seventeen), they were -5- Case No. 08-80736-CV-MARRA P-000560 EFTA00227940