EFTA00193954

Saab = 
then got into the Cl's vehicle. PELUSO told the CI that he didn't have "it" in 
his car 
d that a guy was coming to meet them from Stuart (Florida) with the two 
Mac10 
rms. PELUSO said that he and two other guys had shot the guns to make 
sure they ere what they were supposed to be. PELUSO said it was fully automatic with 
a threaded b 
1. PELUSO said that he had shot the gun and it jammed four times, and 
he thought th • 
was something wrong with the feed ramp. One of the guys who was 
with PELUSO o i ered to take it back to the shop and fix it, however, the other guy who 
was there had agr 
u to buy the firearm as is. PELUSO said he didn't want to sell the CI 
a gun that would jam 
d so he sold it to the guy for $1,800 right there. PELUSO said it 
wasn't worth it to sell to the CI for $1,500 and have him return it to PELUSO. 
28. PELUSO sai that he told his associate that he needed something else and 
that the guy was on his w 
down right now with two Macl Os for a good price. The CI 
inquired about whether the 
earrns were fully automatic and their price. PELUSO 
confirmed that they were full automatic with a threaded barrel (for a silencer). The CI 
asked PELUSO for instniction on shooting the firearms. PELUSO said that there was a 
switch marked "F" for fire and " " for safe. PELUSO said there was no full, semi, and 
safe, just fully automatic and safe. ELUSO also told the CI that when the bigger was 
pulled thirty rounds were going to fly •ut. 
29. During the meeting on Dec 
ber 2, 2005, the CI said that the CI knew who 
had shot at the CI's residence and that th CI was going to get them. PELUSO asked if 
the CI was planning to get them. The CI 
ponded, "I'm gonna bust them," and then 
asked PELUSO how many rounds the Mac ot. PELUSO said thirty rounds. PELUSO 
told the CI that if that's what the CI wasp 
g on doing, the CI needed something 
10 
EFTA00194494

better than e Macl 0, that is, an AR-15 with a Beta C mag (magazine) which would 
shoot one h dred rounds. PELUSO explained that the CI should use an AR-15 because 
it was a .223 ( iber) and that the rounds would go through a door and even a building. 
30. The 
told PELUSO that the a was going to "catch" the dude when he was 
in his car. PELUS advised the CI to hit the guy with thel2 gauge (shotgun) that 
PELUSO had alread sold the CI. PELUSO also told the CI that all of his "shit" was top 
of the line; that he sell his firearms for $300-$400 less than at the gun shows because he 
buys them in bulk; and t at he has partners who buy multiple firearms at one time which 
allows for a better deal. 
31. While PELUS and the CI were together in the vicinity of Boston Market, 
which is next to Bonefish C ek, PELUSO told the CI that his partner was coming from 
Stuart to meet them. While th 
were waiting, PELUSO asked the CI for The $300 that 
the CI owed from the November 3rd transaction. 
32. While waiting, PELU 
told the CI that he had a guy who made silencers 
for Macl Os. When the CI asked PE USO how much the silencers cost, PELUSO said he 
didn't know and he would check to s if he could get a better price by buying six of 
them. PELUSO said he would keep one or himself, sell one to the CI, and dump the 
other four. 
33. PELUSO asked when the CI was going to do the hit on the Mexicans. The 
CI told PELUSO he would see it on the news. iBLUSO asked the CI specifics about 
how many persons he was going after and where they lived. The CI said that he/she 
would do his/her own dirty work. PELUSO asked the CI whether he wanted to hire a 
professional to take care of it. When the CI asked PELy SO what he meant, PELUSO 
11 
EFTA00194495

asked, " o you want me to whack them?" The CI declined PELUSO's offer. PELUSO 
told the C that he had done it for 10 years, that was his life, and "not even here where 
you could, 
',ere everyone speaks the same language and you could see street signs and 
there's road m s." PELUSO explained that he would get a picture with a name in 
Hebrew and the had to go after the guy and find him. According to PELUSO, he was in 
the "special forces\ marine recon. Marine force recon, they would drop us in either 
parachute in, swim 
come in by helicopter, do recon, get all the information on the 
area, find out dependitlg on what the operation was, who's there, who's a captive, who's 
in charge, who the lead rs are, who are the primary targets, that's what we did." 
34. PELUSO tot the CI that he didn't go by the tattoo shop anymore. PELUSO 
said he was talking to Julio from the tattoo parlor and that Julio said that PELUSO was 
hanging out with a "fucking at" (the CI). Julio told PELUSO that he didn't want the CI 
around the shop any more and told PELUSO not to do any deals around the shop. 
PELUSO said that he had told ulio that if the CI crossed him PELUSO would "kill [the 
CI] because no one crosses me ad walks." PELUSO and the CI then talked about how 
the other subjects are dealing dru 
out of the shop, and how the guys in the shop had 
been talking about CI. PELUSO sa d the guys in the shop talked about him; his Saab and 
his Hummer; and how he doesn't wo . PELUSO said that he had a pension after 
working for fifteen years, and he didn' have to work anymore. 
35. PELUSO said that he had h 
d the CI was looking at fifteen years 
(imprisonment) because the CI was a cony ted felon. The CI explained to PELUSO that 
the CI was out on bond. When PELUSO asked the CI if the CI was going to beat the 
case, the CI responded in the affirmative. PEL t SO told the. CI about Marc Shiner who 
12 
EFTA00194496

PELUSO id was his lawyer. PELUSO stated that all of the circuit judges were at 
Shiner's wed 
. PELUSO said that Marc Shiner had gotten him out of his shit. . 
PELUSO said 
he had shot at two black guys and a girl. PELUSO said, "I'm not 
prejudice, I shoot t bitches, too." 
36. PELUS • said that he had been in the military from 1986-1996. After that, 
PELUSO said that he h d worked as a police officer in New Jersey and earned $70,000 a 
year. PELUSO said tha he was offered a job as a police officer in Riviera Beach but he 
turned it down. PELUSO 'd that his plan to become a sky marshal was on hold 
because they weren't hiring 
t now. 
37. PELUSO said that s associate for whom they were waiting had never let 
him down. According to PELUS u, his associate and he usually met at Markham Park (in 
Broward County, Florida) on Tuesd 
nights. PELUSO said that on Tuesday nights all 
the gun dealers "everyone that's an 
class III dealer' went there for a machine gun 
shoot. PELUSO said that "as long as y 
have your tax stamp" individuals could possess 
fully automatic machine guns, suppresso 
and short-barreled rifles. It should be noted 
that it is unlawful for a person to possess a 
earm defined in Title 26, United States 
Code, 5845, including a rifle having a barrel • r barrels of less than 16 inches in length, a 
machinegun, or a silencer, without first being re *stered with ATF's NFTR and paying 
the required tax for said firearm. According to P 
USO, ATF agents would also be 
present at Markham Park to see whether individuals 
sessed the necessary paperwork 
for the firearms. PELUSO said that he and his boys ha paperwork that wasn't real, but 
as long as they had the paperwork they could shoot the 
13 
EFTA00194497

38. PELUSO discussed the Remmington shotgun that he had sold the CI on 
Novemb• 23, 2005. PELUSO said that he had sold the CI a Remington magnum. 
PELUSO sa d that the shotgun would shoot 2 1/4" slugs, double O buck, and that one shot 
of double O b ck was equivalent to nine 9mm rounds. 
39. PE ►USO and the CI waited a while longer; however, PELUSO's associate 
did not show up 
th the Mac 10 firearms. PELUSO told the CI that when he received it 
(the machine guns) 
'd call the Cl. PELUSO got out of CI's vehicle, and they left the 
location separately. 
40. After the CI an PELUSO ended their meeting, the CI was followed by law 
enforcement to a safe locatio where your affiant met with the CI. The CI's person and 
vehicle were searched by your ffiant and the remaining ATF funds which had been 
previously provided to the CI we 
returned as the CI had not made any firearms 
purchases. The audio and video rec' dings of the meeting were taken into custody by 
your affiant and placed in evidence. 
e video recording was of poor quality. 
41. On December 19, 2005, at a 
oximately 10:26 am, your affiant instructed 
the CI to make a recorded call to PELUS •'s cell phone at (561) 779-5644. PELUSO 
answered the phone and said that he had bee sick and that he was out of the game until 
after the new year. PELUSO told the CI to cal him the first week in January. 
42. On January 10, 2006, at approximate 6:30 am, S/A Kunz conducted a 
surveillance at PELUSO's residence, and he obse ed Ventimiglia's Saab parked by the 
front door of the residence. S/A Kunz did not see 
LUSO's Hummer. Around 3:07 pm 
that day, the CI made a consensually recorded call to ELUSO's cell phone at (561) 779-
5644. PELUSO answered the phone and said he ha' 't been out of the house in awhile, 
14 
EFTA00194498

but he ould talk to a few people and call the CI by the weekend to "hook up" the CT. In 
another 
• rded call on January 12, 2006, PELUSO told the CI that he had spoken with 
some peop e and there's stuff out there, but it was a little pricey, and he was doing some 
price shopp. g. 
43. O 
anuary 13, 2006, at approximately 12:51 pm, the CI made a controlled 
call to PELUSO' cell phone at (561) 779-5644 which was consensually recorded by the 
CI. PELUSO answ,• d the phone and said he had a Glock 9mm high capacity, in the 
box, and another gun or $2200 and that PELUSO could deliver them to the CI that 
afternoon. According < PELUSO, one was a .223 caliber subgun and the other one was 
a 9mm handgun. PELUS • said the .223 was a rifle that held thirty rounds which would 
go for a mile. When the CI uestioned PELUSO about whether the gun was fully 
automatic, PELUSO said "it 
uld be that way" or the CI could keep pulling the trigger 
and fire thirty rounds. PEWS • told the CI he would call when he had the guns. In a 
call later that day, the CI told P 
SO that the CI didn't really want the Glock, but so as 
not to disrespect PELUSO, the CI 
• uld take it. PELUSO said not to worry about it 
because he had other people who w ted it, but he figured that it was better for the a to 
have both guns. In a third call later tha day, the CI asked PELUSO whether he could 
get his hands on something fully autom 
. Although PELUSO said that he couldn't, he 
told the CI that if the CI takes this gun, the • llowing week PELUSO would get a kit for 
about $90 and make the gun full auto for the I. PELUSO said that the .223 caliber 
M16 rifle was the same type of gun he had carried in the Marines; that the gun he had for 
sale was brand new; and that PELUSO's supplier \vas bringing it from Miami. PELUSO 
also told the a that he had not been able to find an thing to the CI's gun with the 
15 
EFTA00194499

a subscriber to or customer of such service (not including the contents of 
communications) only when the governmental entity - 
* * * 
(B) obtains a court order for such disclosure under subsection (d) of this section; 
18 U.S.C. § 2703(c)(1)(B). Thus a court order is one permitted way to recover transactional data 
but not content from an electronic communications service. Subsection (d) states: 
(d) Requirements for a court order -- A court order for disclosure under subsection 
(b) or (c) may be issued by any court that is a court of competent jurisdiction 
described in section 3127(2)(A) and shall issue only if the government entity offers 
specific and articulable facts showing that there are reasonable grounds to believe 
that the contents of a wire or electronic communication, or the records or other 
information sought, are relevant and material to an ongoing criminal investigation. 
18 U.S.C. § 2703(d). Thus the burden on the United States in obtaining such an order is to present 
specific facts showing reasonable grounds to believe the material sought is relevant to a criminal 
investigation. 
4. 
This court is a "court of competent jurisdiction" because it is "a district court of the 
United States (including a magistrate of such court) . . ." 18 U.S.C. § 3127(2)(A). 
5. 
As further described below, the Federal Bureau of Investigation is investigating 
violations of Title 18, United States Code, Sections 2422 and 2423, which outlaw the use of "any 
facility or means of interstate or foreign commerce" to persuade, induce, or entice any individual 
under the age of 18 to engage in prostitution or sexual activity (§ 2422), and the travel in interstate 
commerce for the purpose of engaging in illicit sexual conduct (§ 2423). 
6. 
Beginning in October 2005, the City of Palm Beach Police Department ("PBPD") 
began investigating Jeffrey Epstein, a part-time resident of the City of Palm Beach, along with his 
personal assistant, Sarah Kellen. PBPD obtained information from a fourteen-year-old girl who 
Jives in Loxahatchee, Florida, in the Southern District of Florida, and who attended Royal Palm 
-2-
EFTA00194500

Beach High School, also in the Southern District of Florida. The fourteen-year-old girl informed 
PBPD that she had been paid $300 by Jeffrey Epstein to perform a "sexual massage," which entailed 
providing a massage to Jeffrey Epstein while Epstein was naked and the fourteen-year-old was 
wearing only her thong panties. During the massage, Jeffrey Epstein masturbated himself and 
touched the fourteen-year-old's vagina 4ver-her--thong-pantiesz both with his hand and with a 
vibrator/massager, arevi_ aCtOtitj 
rekth-eit ?me 
7. 
Following the receipt of the information from the fourteen-year-old, PBPD began 
interviewing a series of girls, ranging in age from fourteen through mid-twenties, who reported a 
similar series of events.' In particular, the girls described how they were contacted via telephone, 
primarily by Sarah Kellen, Epstein's assistant, to arrange times for the girls to "work" at Epstein's 
home in Palm Beach. The girls would travel to Epstein's home, usually in the company of another 
girl. The girls would enter Epstein's home via the kitchen, where they would be met by Epstein 
LocILALA 
and/or Kellen. The girls would be escorted up to Epstein's bedroom where a massage table .  laity 
b-e 
--was-already set up. The girls were told to undress — some undressed only partially and some 
undressed completely. Epstein would enter the room partially dressed, usually wearing only a towel. 
Epstein often would remove the towel and get onto the massage table face down. While lying face 
down, Epstein instructed the girl how to massage him, including in some instances "straddling him" 
so that Epstein's buttocks and the girl's buttocks touched. After a period of time when the girl 
massaged Epstein's back, he would turn over and lie face up. While lying face up, Epstein would 
continue to instruct the girl how to conduct the.massage. Epstein also would masturbate himself and 
occasionally would manually fondle the vaginal area of the girl — sometimes over the panties, 
2A11 of the girls did not report identical events. This summary includes the most common 
occurrences from the girls' interviews. 
-3-
EFTA00194501

Marl 
sometimes under the panties, and sometimes penetrating the girl's vagina. On-most instances, 
Epstein also used a vibrator or massager on the girl's vaginal area, again sometimes over the panties 
and sometimes under the panties. When Epstein ejaculated, the "massage" was over and the girl was 
instructed to get dressed and to return to the downstairs area of the home. The girls received 
between $200 and $300 for the sexual massage. 
8. 
In addition to these sexual massages, some of the girls were paid additional sums to 
perform more sexual activity, including, for example, engaging in sexual activity with another 
female Epstein employee, Nadia Marcinkova, while Epstein watched. 
9. 
During the course of PBPD's investigation, a search warrant for Epstein's home was 
obtained and executed. Many of Epstein's belongings were removed from the home prior to the 
execution of the search warrant — for example, the computer processing units ("CPU's") were 
removed from the house but the computer screens, keyboards, cords, etc. were left behind. The 
missing CPU's were never recovered.—As-set foal' bacnvrthis-suggests-that, if the- hugets-were4o 
-.—learn-of-the_existswe of thislfotion-and-Order;thernardest
ance._ 
10. 
During the search, several telephone message pads were recovered. These message 
pads show messages taken from several of the girls who were interviewed and who admitted to 
engaging in sexual massages or other sexual activity with Epstein. The messages contained text 
such as "I have a female for him" and "has girl for tonight." Some of the messages from the girls 
were addressed to Epstein and others were addressed to Sarah Kellen, Epstein's assistant. 
Additional messages recovered during the search contained text such as "I] confirmed at 11 am and 
[A] 4 pm."' 
and [A] refer to two of the girls who were interviewed and admitted to engaging in 
sexual massages and other activity with Epstein. 
-4-
EFTA00194502

11. 
During the FBI's investigation, some of the girls interviewed by PBPD were re-
interviewed and additional girls were, interviewed for the first time. During those interviews the 
ter/ Gra `lo 
14-11ein, AGIJ-i'anA4ssor Nadi,' 
girls related that Sarah-44gf
-Epstein's assistant would contact the girls whilegeellee-iifut Epstein' /110-01-444 
tA.) cia3 
-war still in New York or elsewhere,' in order to arrange "massage" times upon his arrival in Palm 
Beach. The F -3.halso)has collected the flight manifests for Epstein's two private planes during the 
period of January 2004 through December 2005 as well as cell phone records for Kellen, Epstein, 
av--„‘ct
imb
and some of the girls. The investigation revealed that, prior to flights to Palm Beach, Kellen would 
contact some of the girls via cell phone. The message pads show evidence that the girls responded 
to those telephone calls and left messages confirming their "appointments." 
12. 
The in • 
Ligation has revealed tw' relevant cell phone numbers operated by Cingular 
Wireless: (917) 601-414 , which is assign 
to Jeffrey Epstein, and (917) 855-3363, which is 
assigned to Sarah Kellen. 
13. 
Based on the foregoin < 
ere is reason to believe that the items listed in Attachment 
A for Jeffrey Epstein and Sarah Kelle wonkd yield information relevant and material to the ongoing 
criminal investigation and will as st in establi4hing the use of a facility and means of interstate 
commerce and the travel in inter• ate commerce to 
gage in illicit sexual conduct and prostitution, 
as well as information pertain' g to the location from Inch the telephone calls were made. 
14. 
The United tates requests that the Court is ue an order authorizing the disclosure 
of the items listed in A chment A for Jeffrey Epstein and Sarah\ Icellen for the dates shown thereon. 
'In addition to a home in 
Islands. Epstein has at least two pe 
planes. Epstein has access to virtu 
charges in this case, there is reaso 
existence of this Motion and 0rder, the 
, Epstein also maintains a residence in the U.S. Virgin 
al planes and has been known to travel overseas on those 
unlimited assets. Given the seriousness of the potential 
lieve that, if Epstein and his assistant were to learn of the 
ay flee the United States. 
-5-
EFTA00194503

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EFTA00194504

threadkrd barrel "quiet." PELUSO said he hadn't been able to find it because the last gun 
show (in West Palm Beach) was cancelled so he couldn't meet his supplier. 
In a final ca later that day, PELUSO spoke again about getting a kit to convert the M16 
to fully automatic; that he would sell the M16 without the Glock for $1,500 or with the 
Glock for $2,200;4hat both the Glock and the M16 were brand new with paperwork; and 
that his supplier had
 guns right now. PELUSO told the CI to let him know by 3:00 
pm whether the CI wanted the guns. 
44. Your affiant obtained records from the State of Florida Department of Motor 
Vehicles which indicate that on February 6, 2006, PELUSO traded his black Hummer 
vehicle for a 2004 silver Mercedes sedan, VIN: WDBUF76J14A451154. According to 
the records, JOSEPH E. PELUSO, III, is the owner of record. There were no recorded 
liens on the Mercedes. 
45. On February 10, 2006, at approximately 1:20 pm, PELUSO called the CI and 
said that one person had a silencer but wanted $3000 for it and that the CI would have to 
do the paperwork for it, which would involve paying a $200 tax stamp to ATF, as well as 
having a corporation or being a class III license holder, firearms dealer, or law 
enforcement officer. PELUSO said that the silencer should cost $1500 but the guy 
wanted $3000. Also, PELUSO said there was a thirty day waiting period. When the CI 
asked PELUSO about the "full thing" referring to the machine gun, PELUSO said he had 
offered one guy $7500 for it, but the guy didn't want to part with it. PELUSO told the CI 
that he has contacted all of his resources, and called everyone he knew in the game. 
PELUSO said he had been staying away from legitimate class III dealers because their 
stuff was way overpriced. PELUSO said he had a couple of Glocks and wanted $700 a 
16 
EFTA00194505

piece for them and that he also had a bullet proof vest. The CI agreed to call PELUSO 
later. 
46. On February 13, 2006 at approximately 1:40 pin, the CI made a controlled 
call, which was consensually recorded by the CI, and PELUSO and he agreed to meet the 
next day so the CI could buy the Glock firearm from him. 
47. On February 14, 2006 at approximately 11:30 am, surveillance was 
established in the area of the Polio Tropical parking at Okeechobee Boulevard and 
Spencer in West Palm Beach, Florida. Prior to the CI's meeting with PELUSO, your 
affiant searched the CI and the CI's vehicle with negative results and provided the CI 
with $700 in official ATF funds and recording equipment. At approximately 12:09 pm, 
agents observed PELUSO arriving at the Polio Tropical parking lot; he was driving his 
2004 silver Mercedes sedan, bearing the Florida tag SPEEEED. The CI arrived at the 
parking lot and met with PELUSO, who was standing by his new silver Mercedes. 
PELUSO opened the trunk of his Mercedes and showed the CI a black zippered case 
which contained an AR15-type short-barreled rifle. PELUSO said that the AR15 had the 
capability of firing thirty rounds as fast as the pull of the trigger. The CI asked PELUSO 
whether he had the other firearm, and PELUSO showed the CI a brand new Glock 9mm 
firearm. During this deal, the CI asked PELUSO about the silenced M16 machine gun 
that PELUSO had bragged about owning. PELUSO said it was a dealer's class III 
weapon and that he didn't have it anymore. PELUSO said those guns were rare because 
they have been banned and require a tax stamp. The CI asked PELUSO what a tax stamp 
was. PELUSO said that he owned a corporation and that he had suppressed weapons in 
his corporation's name. PELUSO said that he had applied to ATF about possessing 
17 
EFTA00194506

certain firearms and that after the agency had conducted a background check on him, 
ATF had allowed him to possess suppressed firearms. 
48. During the transaction, PELUSO advised the CI that the Glock firearm cost 
$700 and the AR15 cost $1,500. PELUSO said that the AR15 was brand new. PELUSO 
also demonstrated for the CI how to put the AR15 together because it was in two pieces 
inside of a rifle bag. PELUSO told the CI that when the ARTS was assembled it's only 
this big overall and "it's a 10 year felony." When the CI asked PELUSO about a kit to 
convert the AR15 to full auto, PELUSO said that no one was selling them because ATF 
agents have been attending the gun shows. 
49. Because the CI had only enough money to buy the Glock firearm, the CI 
called your affiant about the purchase of the ARI5. While your affiant was speaking to 
the CI on the phone, your affiant heard PELUSO telling the CI "it's only this big," "it's 
only 14 inches," and it costs $1,500. When the CI told your affiant that the AR15 was 
not fully automatic, your affiant heard PELUSO saying that he was still trying to get the 
part to make it fully automatic and that if he got it, it would take two seconds to install. 
50. The CI asked PELUSO if he could hold the AR15 for a day or two for the CI. 
PELUSO said that he was going to get rid of it and that he had picked up the AR15 from 
a guy's house and doesn't even like having it on him. PELUSO said that he was selling 
the AR15 for somebody. PELUSO said that he didn't even keep the AR15 at his house. 
Finally, PELUSO agreed to hold the AR15 for the CI until the next day. PELUSO also 
said that the AR15 was "taboo" and that he had wanted to get rid of it because it was a 
big problem. The CI said that he still wanted the Glock. PELUSO asked the CI if the CI 
needed the paperwork for the Glock, and the CI said no. PELUSO said that he had the 
18 
EFTA00194507

paperwork for the Glock and the Bushmaster (referring to the AR15). PELUSO then 
read from the papers calling the AR15 a "Bushmaster XM15 E25 configuration," which 
PELUSO said was a law enforcement configuration. PELUSO also said that the AR15 
"came from a strange place, you know what I'm saying?" 
51. During the February 14, 2006 transaction, PELUSO sold the 9 mm Glock 
semi-automatic pistol, serial no. HFU033, to the CI for $700. Before leaving the 
location, the CI arranged to meet PELUSO the next day to buy the AR15. PELUSO said 
that he would bring the AR15 back, and that it would be kept about 15 minutes away. (It 
should be noted that PELUSO's Riviera Beach residence is located approximately fifteen 
minutes by car from Pollo Tropical on Okeechobee Boulevard.) After the meeting was 
concluded, agents followed PELUSO directly back to his residence located at 244 East 
256 Street, in Riviera Beach, Florida. Agents observed PELUSO pulling into his 
residence. Then another agent observed PELUSO coming out of the front door of the 
residence and looking inside of his Mercedes. 
52. Meanwhile, after the deal, ATF agents followed the CI to a predetermined 
location where your affiant searched the CI and the CI's vehicle and.determined that the 
CI no longer had the $700 in official ATF funds. Your afflant took custody of the brand 
new Glock 9mm, model 17L, semi-automatic pistol, serial no. HFU033, which was still 
in the manufacturer's box along with two magazines, a magazine loader, a gun lock, a 
cleaning brush, and some miscellaneous firearm paperwork. These items were placed 
into evidence at ATF along with the audio and video recordings. 
53. On February 15, 2006, at approximately 11:34 am, the CI received an 
incoming call from PELUSO's cell phone at (561) 779-5644. The CI answered the 
19 
EFTA00194508

phone, and PELUSO asked the CI if he/she definitely wanted the thing, referring to the 
Bushmaster short-barreled rifle. PELUSO said that his buddy was going out of town and 
he would not be able to get the rifle from him, so he needed to know what the CI wanted 
to do. The CI asked PELUSO if they could meet around the same time tomorrow so that 
the CI could buy the rifle and bullet proof vest from PELUSO. PELUSO said that he 
was going to his buddy's house to get it because his buddy was heading to Orlando. 
PELUSO said that he would meet the CI the following day to conduct the sale. 
54. On February 16, 2006, at approximately 11:06 am, surveillance was 
established at the parking lot of Polio Tropical, located at 2611 Okeechobee Boulevard, 
in West Palm Beach, Florida. After the CI made several calls to PELUSO, PELUSO 
returned the calls and said that he would be arriving at the same spot, that is, the Polo 
Tropical parking lot, at 12:30 pm. 
55. Your affiant then searched the CI and the CT's vehicle with negative results. 
vehicle. Your affiant then provided the CI with $1,500 in official ATF funds and 
recording equipment. At approximately 12:29 pm, CI was followed by ATF agents to the 
Polio Tropical parking lot. At approximately 12:48 pm, PELUSO arrived in the parking 
lot in his 2004 silver Mercedes sedan. PELUSO parked next to the CI's vehicle and they 
met at the trunk of PELUSO's silver Mercedes. The CI he saw a bullet proof vest in 
PELUSO's trunk and discussed it with PELUSO. The CI also observed another vest in 
PELUSO's trunk, which was black with numerous compartments, which is the type of 
vest worn by special weapons and tactics (SWAT) officers. PELUSO explained that this 
was not a bullet proof vest but rather something he wore over his bullet proof vest. 
20 
EFTA00194509

56. The CI and PELUSO then began talking about the Bushmaster short-barreled 
rifle, which PELUSO had called an AR15 during the February 14th meeting and which 
the CI had seen in PELUSO's possession on February 14, 2006. The rifle was inside of a 
black colored, soft zippered rifle bag in the trunk of PELUSO's Mercedes. PELUSO 
again demonstrated how to assemble the AR15, which was completed in seconds. Also 
included with the short-barreled rifle was an empty thirty round magazine. When the CI 
asked PELUSO whether he still had the paperwork for the firearms, PELUSO said he did 
not. PELUSO also demonstrated for the CI how to operate the Bushmaster rifle, how to 
load it, and how to chamber a round. The CI then counted the $1,500 in official ATF 
funds and handed the cash to PELUSO as payment for the rifle. PELUSO said, "done 
deal." At approximately 12:53 pm, agents observed the CI placing the black rifle bag 
into the Cl's vehicle. 
57. PELUSO then said that he might be getting some Glocks and some other 
things in the next couple of days. PELUSO said that his contact might be able to get a 
silencer for $2,500 for the HK .45 firearm which the CI had purchased from PELUSO. 
PELUSO said that the guy would call him when the guy returned from a gun show in Las 
Vegas. The CI told PELUSO that he would take it. 
58. The CI asked PELUSO where he had gotten his Mercedes. PELUSO said 
that he had bought it from Luxury Motors. PELUSO said that he had ordered a new 
600S Mercedes from Arizona. 
59. After the transaction, PELUSO got into his Mercedes and headed westbound. 
The CI also drove from the parking lot and was followed by agents to a predetermined 
location where your affiant searched the CI and the Cl's vehicle. The CI no longer had 
21 
EFTA00194510

the $1,500. Instead, the CI had a brand new Bushmaster .223 caliber short-barreled rifle, 
model no. XM15-E2S, serial no. LI 59589, with one thirty round magazine in a black 
colored, soft zippered rifle case. Your affiant placed the rifle and the audio and video 
recordings into evidence at ATF. 
60. The Bushmaster .223 caliber rifle was examined by S/A Stephen Barborini, 
who is a firearms expert with ATF. Agent Barborini measured the barrel of this firearm 
and determined that the barrel wasll '/4 inches long. Because the barrel was less than 16 
inches in length, the firearm constituted a short-barreled rifle, which is an NFA weapon, 
and must be registered with ATI?. Your affiant requested that ATF's National Firearms 
Act (NFA) branch conduct a records check of ATF's NFTR records to determine whether 
the Bushmaster .223 caliber short barreled rifle bearing serial no. L159589 had been 
properly registered with ATF as required by federal law. On February 17, 2006, your 
affiant was advised by ATF's NFA branch that the Bushmaster short-barreled rifle was 
not registered to any person. Therefore, the rifle could not be lawfully possessed or 
transferred under federal law. A check with the ATF licensing center along with the 
NFA branch revealed that neither Joseph PELUSO nor his corporation Strategic 
Solutions Unlimited Inc., was a licensed firearms dealer or a federal firearms licensee 
eligible to possess or transfer NFA firearms, such as short-barreled rifles, machineguns, 
or silencers. 
61. On March 2, 2006, your affiant conducted a surveillance of PELUSO's 
residence and observed PELUSO's 2004 silver Mercedes parked in front of his residence. 
62. A records check with the Department of State Division of Corporations in 
22 
EFTA00194511

Tallahassee, Florida, revealed that Joseph E. PELUSO, III is the owner and president of a 
corporation named Strategic Solutions Unlimited, Inc., for which the principal place of 
business is PELUSO's residence located at 244 East 25th Street, Riviera Beach, Florida. 
The telephone number for the corporation is (561) 882-1392 which is PELUSO's home 
telephone number. 
Based on the foregoing, there is probable cause to believe that the 2004 silver 
Mercedes sedan VIN WDBUF76114A451154 is property intended for use, or has been 
used, in violating the provisions of 26 U.S.C. §5861(d) which makes it a federal crime to 
unlawfully possess a short-barreled rifle which is not registered in the National Firearms 
Registration and Transfer Record and 26 U.S.C. §5861(e) which makes it a federal crime 
to unlawfully transfer a short-barreled rifle which is not registered in the National 
Firearms Registration and Transfer Record, and is therefore forfeitable to the United 
States pursuant to 26 U.S.C. § 7302. 
FURTHER YOUR AFFIANT SAYETH NAUGHT. 
SETH M. BERGER, SPECIAL. AGENT 
BUREAU OF ALCOHOL, TOBACCO, 
FIREARMS AND EXPLOSIVES 
Subscribed to and sworn before 
me this 
day of March, 2006, 
in West Palm Beach, Florida. 
JAMBS M. HOPJCINS 
• 
UNITED STATES MAGISTRATE JUDGE 
23 
EFTA00194512

Gmail - Fw: confidential communication 
Page 1 of 4 
Gm 
Ann Marie Villafana< 
Fw: confidential communication 
1 message 
Villafana, Ann Marie C. (USAFLS) < Ann.Marie.C.Villafana@usdoj.gov> 
Thu, May 22, 2008 at 
3:38 AM 
 
Original Message 
From: Acosta, Alex (USAFLS) 
To: Sloman, Jeff (USAFLS); Campos, Cyndee (USAFLS); Villafana, Ann Marie C. (USAFLS) 
Sent: Mon May 19 12:40:32 2008 
Subject: FW: confidential communication 
For your records. 
From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.corn] 
Sent: Monday, May 19, 2008 10:54 AM 
To: Acosta, Alex (USAFLS) 
Subject: confidential communication 
Dear Alex: 
I am writing to you because I have just received the attached letter from Drew Oosterbaan. In 
light of that letter, and given the critical new evidence discussed below, I would like to request a 
meeting with you, mindful of our July 8 deadline, at your.earliest opportunity. Given your 
personal involvement, in this matter to date, and the fact that at this juncture it is clear that 
CEOS has referred the matter back to you, I respectfully request that you not shunt me off to 
one of your staff. You and I have both spent a great deal of time on this matter, and I know that 
we both would like to resolve this matter in a way that bestows integrity both on the Department 
and the process. 
In our prior discussions, you expressed that you were "not unsympathetic" to our various 
federalism concerns, but stated that because you serve within the "unitary Executive," you 
believed your hands were tied by Main Justice. You were also extremely gracious in stating that 
you did not want the United States to be "unfair". Although CEOS limited its assessment to the 
federal statutes your Office had brought forth and to the application of those laws to the facts as 
presented, it is abundantly clear from Drew's letter that Main Justice is not directing this 
prosecution. In fact, CEOS plainly acknowledged that a federal prosecution of Mr. Epstein 
would involve a "novel application" of federal statutes and that our arguments against federal 
involvement are "compelling." Moreover, the language used by.Drew in NS concluding 
EFTA00194513