This is an FBI investigation document from the Epstein Files collection (FBI VOL00009). Text has been machine-extracted from the original PDF file. Search more documents →
FBI VOL00009
EFTA00226396
453 pages
Page 101 / 453
13 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 girl, Q And is there also evidence that and actually spoke on October 1st before that message? A We have cell phone calls between Kellen and as well as the message which was from to Jeffrey regarding -- confirming =' the appointment for but we have a cell phone call I believe it was a little bit earlier from to or maybe it was to , but it is definitely between the two of them on that same day. Q All right. When was interviewed by the Palm Beach Police Department, did she describe all of the sexual activity? A No, she did not. She did not tell them about the vibrator or the -- she didn't tell them about the vibrator or the penetration. Q And, again, you said that when you brought up -- did you sort of confront her with the idea that more had occurred? A I did, and she was very embarrassed about the vibrator. I asked her at one point if Mr. Epstein had given her any gifts and she got very red in the face and began to tear up and you OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226496
Page 102 / 453
14 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 could see that she was very embarrassed. So we took a little bit of a break, but then she was able to say that Mr. Epstein had provided her as a birthday present a vibrator. So not only was there a vibrator back massager used on her, but at this time -- and I think that's kind of what got talking about the sexual activity that she was able to tell me that, and she was very, very embarrassed, but that Mr. Epstein had given her for her eighteenth birthday a vibrator. Q Now you mentioned that that happened on her eighteenth birthday? A Yes. Q And was she able to tell you whether Mr. Epstein knew it was her eighteenth birthday? A She stated that Mr. Epstein provided to her on her eighteenth birthday the vibrator and shortly -- well -- Q So before you had said that had instructed to tell everyone that she was 18; do you remember that? A Yes. Q But at some point, the people in the Epstein household learned that she hadn't turned OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226497
Page 103 / 453
15 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 18 yet and her birthday was coming up? A Her birthday was coming up. Q And at some point, was a car provided A Yes. In October of '05, was having asked Mr. Epstein is she could borrow one of his cars to go to Orlando and he stated that -- at first he said yes, and then he said he would get her a rental car. So contacted a few days later and said that a car had been rented for and that the house manager used the company credit card and picked up that car, and actually when the police interviewed her on October 6th, which was five or six days after the last massage, they were able to see that that Nissan Sentra that had been rented by Mr. Epstein, had that in her possession for at least through January 1st of 2006 and that car was rented by Mr. Epstein for at least that amount of time. Q Did describe how the massage appointments would be made? A Yes, she did. Q And how was that? OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226498
Page 104 / 453
16 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 A She stated that , that Jill" Jeffrey's assistant, would call her and set up appointments, and that sometimes she would call her on her cell phone from New York, from the Islands, and say that they were coming into town, was she available. She would also call while they were in town to see if she was available for massages, to give massages to Mr. Epstein, and stated that , who we have identified as called her a few times as well to set appointments up. Q And when those appointments were made how would reach A By phone. Q All right. And whether she was in town or out of town, she would call 's cell phone? A Yes. Q All right. Now was there any -- during the interview with the police department, did the police department ask about what she discussed with Jeffrey Epstein during the massages? A I would have to check the police reports OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226499
Page 105 / 453
17 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 to give specifics on that. Q All right. A My answer to your question is yes. Q Okay. And what did she say were some of !the topics of discussion? A Mr. Epstein asked her questions about herself, asked her if she was a soccer player or that -- Jeffrey knew that she was a soccer player and asked questions about her college, about where she was going to school. is currently going to Lynn !University, and she had advised Mr. Epstein that \she would be attending college at Lynn University. So that was a -- but that was her future /plan? A Yes. Q So in other words, did Mr. Epstein know that she was in high school at the time? A Yes, he did. And the Palm Beach Police asked if Jeffrey knew her age and told the Palm Beach Police Department, he didn't care what my age was. Now did describe either to you or to the police department how she would be paid for these massages? OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226500
Page 106 / 453
18 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A She stated she was paid $200 and that she received anywhere from two to $300. Q With every visit? A With each visit. Q Okay. Did she say who would provide her with that money? A She said that Jeffrey paid her at the end of the massage. Q All right. You mentioned the gift of the vibrator. Were there other gifts that were given to A Yes. The time period is unclear, but the vibrator was given to her for her eighteenth birthday. There were three sets of bra and underwear, panties, Secret bra and underwear sets that were also given to as gifts from Mr. Epstein. Q Now I know that we talked earlier about the fact that is the person who brought to Mr. Epstein's house. Did ever bring anyone to Mr. Epstein's house? A brought a female by the name of M. and that was a friend of s. Q And let me show you what has been marked as Grand Jury Exhibit 4, and what is Grand Jury OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226501
Page 107 / 453
19 2 3 4 5 6 7 B 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 4? A It's a photograph of M. with a date of birth of 6-1-1986. Q How old was M. when took her to Mr. Epstein's house? A took her there in the spring of 2005 and was 18 at that time. Q Now can you tell us now went about bringing to the house? A told that she could make some money giving a massage to Mr. Epstein and and went to Mr. Epstein's house together. The first time that went there, she did not go upstairs and give him a massage. IIIIIII was working that day. But in talking to further, stated that she probably over the period of time between the spring of '05 and October of '05, performed around five to ten massages for Mr. Epstein. The first few of those he did not do anything as far as no masturbating, no sexual activity. She would just perform a massage. Q And did that change over time? A Yes, it did. She stated that she OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226502
Page 108 / 453
20 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 performed two to three massages out of those five or ten and in her underwear and bra only, and that he would push her each time. He would just push her to do more and on the third -- I believe she stated the third or fourth massage, he told her that she could make more money if she removed her clothing, because she stayed clothed during the lirst lew massages, and she was paid $200 for each of those massages. On the third or fourth massage, Mr. Epstein said that she could make more money it she removed her clothing. So around the fourth or fifth time, she did start taking off her clothing down to her underwear and bra only. Q And then what happened when she was at that point of being unclothed? A She would perform the massage. He attempted to touch her, but she always would say no. At one point, her bra does get undone by Mr. Epstein, but she does keep it up. Q Now that was the extent of his touching Lauren. At some point, did he begin masturbating in front of her? A Yes, he did. Not in the very beginning, but throughout this he did. Now I should tell you OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226503
Page 109 / 453
21 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 that stated to us that because she was kind of reserved or held back as he made advances towards her, she was able to see Mr. Epstein's penis and that he was masturbating, but that he never finished, that he never ejaculated. She did not reel that Mr. Epstein liked her very much. Q But just to sort of compare what said with what said, they both said that at the beginning they remained clothed? A Yes. Q And that Mr. Epstein progressively pushed and pushed and pushed for more sexual activity? A Yes. Q Now what was the period of time that went to Mr. Epstein's home? A March of I'm sorry, spring of '05 is when said that she went there and around, you know, the investigation is heating up with Palm Beach, so we know that in September of '05, there was a trash pull done, and in that trash pull there was a message and that was found and it stated -- it had phone number on it and it stated, for a good time call and OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226504
Page 110 / 453
22 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 Q And whose stationery was that? A It was on Jeffrey Epstein's stationery. Q And had Jeffrey Epstein been in a Palm Beach resident close to those dates? A Yes. Q Now is there evidence of telephone calls between and Kellen? A Yes. Q And how many phone calls have you been able to identify? A At this time, there have been 14 phone Q All right. And just to compare that to the number of phone calls with A With = there was over 150 phone calls between and Q And that is sort of consistent with the number of massages that did versus the number of massages that did? A It is consistent with especially the activity that was providing Mr. Epstein compared to the activity that would provide. (Thereupon, knocking is heard at the Grand Jury door.) OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226505
Page 111 / 453
23 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 MS. Let me just step out for one moment. (Ms. Villafana exits the Grand Jury Room.) (Ms. enters the Grand Jury Room.) MS. Ladies and gentlemen, I am going to have to take a break now and we will be back either next week or the lollowing week. Thank you very much. You are done for the day. (Witness was excused.) CERTIFICATE OF REPORTER I, Paula E. Angelocci, Certified Court Reporter and Notary Public, do certify that the transcript is a true and correct transcription of my stenotype notes of the testimony of SPECIAL AGENT E. NESBITT taken before the Federal Grand Jury, West Palm Beach, Florida. PAULA ANG LOCCI, CSR #4869 Certified Court Reporter OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226506
Page 112 / 453
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 RE: OPERATION LEAP YEAR TESTIMONY OF SPECIAL AGENT E. COPY Federal Grand Jury 07-103 Federal Building U.S. Courthouse West Palm Beach, Florida Tuesday, April 24, 2007 APPEARANCES: Assistant United States Attorney ore person OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 Exhibit 21 EFTA00226507
Page 113 / 453
2 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 The sworn testimony of SPECIAL AGENT as taken before the Federal Grand Jury, West Palm Beach Division, Federal Building, U.S. Courthouse, Palm Beach County, State of Florida, on Tuesday, April 24, 2007. Paula E. Angelocci, Certified Court Reperter 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 EFTA00226508
Page 114 / 453
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 /OREPERSON: 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 Special Agent 1, would you just remind the grand jurors who you are and who you work for? A My name is 1 and I am a special agent with the FBI and I work here in Palm Beach. Q Special Agent 1, can you tell the grand jurors who will be appearing before them this afternoon? A One of our victims, Haley R., who was a minor at the time that she met Mr. Epstein. Q And have you previously testified about Yes, I have. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226509
Page 115 / 453
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 Q Did you attempt to interview her? She's going to be coming in, and she is not a minor anymore, so what is her full name? A Her name is and I did attempt to interview , and was interviewed by Palm Beach Police Department and because of the statements she provided to the police department, she felt as if she needed a lawyer. So when I attempted to interview her, we ended up going through her lawyer. Q And just so the grand jury has a little bit of background, the interview with the Palm Beach Police Department was quite some time ago? A Yes, it was, in the fall of '05. Q And when started that conversation with the police, she was very forthcoming? A Yes, she was. Q Fully cooperative? A Yes. • And what happened in the middle of that interview with the police? A The police just let know that she could be charged because brought some of the girls to Mr. Epstein and the police -- she was OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226510
Page 116 / 453
5 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 very cooperative, but the police at that point had to let know that what she had done that she could be facing charges. Q And that was after they had told her earlier that she didn't need an attorney present, correct? A Exactly. Q Okay. So this happens to her with the Palm Beach Police Department and did the Palm Beach Police actually present or propose charging Ms. A They did get a probable cause affidavit against Haley. And is that why Ms. and her attorney were concerned about her testimony here? A Yes. Now was a subpoena issued for Ms. on behall of this grand jury? A Yes, it was. • And before Ms. would comply with that, did she -- did her attorney request some sort of order? A Yes. • And what did he ask for? A He asked for immunity for Haley. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226511
Page 117 / 453
6 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 Q And let me show you the order, that is a sealed order in these grand jury proceedings. Now the immunity that has been provided for Ms. keeps her statements that are made here from being used against her? A Yes, it does. Q It doesn't -- if she commits perjury and she lies to the grand jury, can she still be charged? A Yes, she can. Q Okay. Could you read that? I know it is only two pages. A Sealed order, on application of the United States Attorneys for the Southern District of Florida and it appearing to the satisfaction of the court that has been called to testify and to provide other information before the United States District Court, the Southern District of Florida, including a grand jury impaneled therein. And number two, that in a judgment of the said United States Attorneys, has refused to testify and provide other information on the basis of her privilege against self incrimination. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226512
Page 118 / 453
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 that number three, in the judgment of the United States Attorneys, the testimony and other information from Haley made necessary to the public interest. And number four, that the aforesaid application has been made with the approval of the Assistant Attorney General in charge of the criminal division of the Department of Justice or a duly designated acting Assistant Attorney General pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Section 0.175 and 0.132, small e. Now, therefore, it is ordered pursuant to Title 18, United States Code, Section 6002, that give testimony and provide other information which she refuses to give or to provide on the basis of her privilege against self incrimination as to all matters about which she may be interrogated before said United States District Court including a grand jury impaneled therein as well as any subsequent proceeding or trial. However, no testimony or other information compelled under this order or any OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226513
Page 119 / 453
8 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 information directly or indirectly derived from such testimony or other information may be used against in any criminal case except a prosecution for perjury giving a false statement or otherwise tailing to comply with this order. It is further ordered that this order shall be sealed in accordance with said Federal Regulations Criminal. BY MS. Q Federal Rule of Criminal Procedure. A Federal Rule of Criminal Procedure, it's abbreviated, 6, little e, 6, except that a copy of this order shall be provided to counsel for the United States who may disclose the existence of the order to members of the grand jury, to the witness, to the counsel for the witness, and to law enforcement officers engaged in the investigation pending before the grand jury. Those persons may review the order, but may not retain a copy of the order nor may it disclose the existence of the order to any others. Done and ordered the 16th day of April 2007, at West Palm Beach, Florida. The United States District Judge Donald M. Middlebrook, Marie Villafana, AUSA. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226514
Page 120 / 453
9 1 2 3 4 5 6 7 8 9 10 1 1 12 14 11 16 17 18 19 20 21 22 23 24 25 Q All right. So has a copy or has this document been shown to counsel for Ms. A Yes, it has. Q And to Ms. A Yes. Q And will Ms. be here this afternoon? A Yes, she will. Q Have you had a chance to sit with her? A Yes, we have. Q And she has been very forthcoming? A She's very cooperative. Q Okay. MS. I don't have any further questions for the witness. Do you have any questions? All right. Seeing no questions, you are excused and I think that right now you are set to come back at 1 : 15. How does 1 :30 sound? Is that all right? THE FOREPERSON: Fine. (Witness was excused.) OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226515