United States District Court SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 05-02(WPB)-Fri./No. OLY-24 SUBPOENA FOR: PERSON I X I DOCUMENTS OR OBJECTISI X 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 Wcst Palm Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: December 1, 2006 9:30 am YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): Any and all records related to your employment with Jeffrey Epstein, including but not limited to paystubs, W-2 forms, correspondence, employment applications, and employment reviews. Any and all information regarding methods to contact Jeffrey Epstein directly or via any secretaries/assistants from 1/1/2004 to the present, including but not limited to, telephone numbers, cellular telephone numbers, Blackberry addresses, e-mail addresses, and mailing addresses. Any and all information regarding appointments for massages performed on Jeffrey Epstein in Palm Beach, Florida or elsewhere. Please coordinate your compliance ' i s d confirm the date and time , and location of your appearance with Special Agent , Federal Bureau of Investigation, Telephone: (561) 822-5946. 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 DATE: November 13, 2006 This subpoena is issued upon application •If not applicable. ma ^none.' Name, Address and Phone Number of Assistant U.S. Attorney To be use' a int ofA0110 5 FORM ORD-227 JAN.86 Case No. 08-80736-CV-MARRA P-000213 EFTA00226396

RETURN OF SERVICE' RECEIVED BY SERVER DATE PLACE SERVED DATE PLACE SERVED ON (NAME) SERVED BY TITLE STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVICE' I declare under penalty of perjury under the laws of the United States of America that the foregoing Information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on DATE Signature of Server Address of Server ADDITIONAL INFORMATION 1 As to who may serve a subpoena and the manner of Its service see Rule 17(d). Federal Rules of Criminal Procedure, or Rule 45(c), Federal Rules of Civil Procedure. 2."Fees and mileage need not be tendered to the witness upon service of a subpoena Issued on behalf of the United States or an officer or agency thereof (Rule 45(c), Federal Rules of CND Procedure; Rule 17(d), Federal Rules of Criminal Procedure) or on behalf of certain Indigent parties and criminal defendants who are unable to pay such costs (28 USC 1825, Rule 17(b) Federal Rules of Criminal Procedure)" Case No. 08-80736-CV-MARRA P-000214 EFTA00226397

United States District Court SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 05-02(WPB)-Fri./No. OLY-24 SUBPOENA FOR: PERSON X X DOCUMENTS OR OBJECT($( 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: December I, 2006 9:30 am YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): Any and all records related to your employment with Jeffrey Epstein, including but not limited to paystubs, W-2 forms, correspondence, employment applications, and employment reviews. Any and all information regarding methods to contact Jeffrey Epstein directly or via any secretaries/assistants from 1/1/2004 to the present, including but not limited to, telephone numbers, cellular telephone numbers, Blackberry addresses, e-mail addresses, and mailing addresses. Any and all information regarding appointments for massages performed on Jeffrey Epstein in Palm Beach, Florida or elsewhere. Please coordinate your compliance • • d confirm the date and time , and location of your appearance with Special Agent , Federal Bureau of Investigation, Telephone: (561) 822-5946. 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 Kos% Our DATE: November 13. 2006 This subpoena is issued upon application non •If not mastic:able, ma Woe- Name, Address and Phone Number of Assistant U.S. Attorney To mod in le etA0110 FORM ORD-227 JAN.86 Case No. 08-80736-CV-MARRA P-000216 EFTA00226398

United States District Court SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 05-02(WPB)-Fri./No. OLY-24-2 SUBPOENA FOR: rd PERSON r xi DOCUMENTS OR OBJECTISI YOU ARE HEREBY COMMANDED to appear and testifybefore 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 TRAE: January 12, 2007 9:30 arn• YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): Any and all records related to your employment with Jeffrey Epstein, including but not limited to paystubs, W-2 forms, correspondence, employment applications, and employment reviews. Any and all information regarding methods to contact Jeffrey Epstein directly or via any secretaries/assistants from 1/1/2004 to the present, including but not limited to, telephone numbers, cellular telephone numbers, Blackberry addresses, e-mail addresses, and mailing addresses. Any and all information regarding appointments for massages performed on Jeffrey Epstein in Palm Beach, Florida or elsewhere. *Please coordinate your compliance w't s nd confirm the date and time , and location of your appearance with Special Agent Federal Bureau of Investigation, Telephone: (561) 822-5946. This subpoena shall remain in effect until you arc granted leave to depart by the court or by an officer acting on behalf of the court. CLERK (BY) DEPUTY CLERK DATE: December 18, 2006 This subpoena is issued upon application of the United Slates of •Ifnot appl tc able. enter 'none' TobtfdaliblavolA0116 FORM ORD-227 JANA6 Case No. 08-80736-CV-MARRA 1a-000219 EFTA00226399

LAW OrriCES LYONS AND SANDERS CHARTERED DALE R. SANDERS • BRUCE M. LYONS •• HOWARD L. OREITZER EDWARD 0. BERGER 11959-1907) 'ALSO ^mimeo IN It/TORINO •• ALSO ADMITTED IN COLORADO February 14, 2007 VIA US Re: 600 NORTHEAST 0 AVENUE 1 FORT LADMIRDALE. LORIDA 33301 TELEPHONE (954) 487-8700 TELEFAX 0154/ 783-4.58 MAILING ADDRESS P. O. BOX 1778 FORT LAUDERDALE. FL 33302-1778 Grand Jury Subpoena Dear Ms. Villafana: on January 25, 2007, Agents" *Slater and with a grand jury'subpoena for my to appear on February 13,'2007. I indicate oss would assert her rights under the Fifth Amendment and on consent, the appearance has been extended. You have asked me to set out the basis for my request and that you apply thirugh appropriate channels for a ormal grant of use immunity or Ms. Ross. I do so here. As I indicated to you when we conversed last week, Ms. Ross is no longer employed by Mr. Epstein, but has read much of what can be found on the Internet about the investigation of Mr. Epstein. From that review, she is aware that the police considered charging several persons close to Mr. Epstein, including at least one employee. Given that, and the seemingly broad scope of the investigation, Ms. Ross asserts her rights under the Fifth Amendment. Indeed, considering that both the state authorities in Palm Beach County and your office are conducting investigations, there is every reason for her to be concerned and therefore to assert her constitutional rights. If you continue to want her to appear before a grand jury, be advised that she will assert Case No. 08-80736-CV-MARRA P-000220 EFTA00226400

her rights under the Fifth Amendment unless there is a formal grant of immunity. If you should have any questions regarding the above, please feel free to contact me. Very truly your UCE M. LYONS BML/md Case No. 08-80736-CV-MARRA P-00022 I EFTA00226401

USAM 9-27.000. Principles of Federal Prosecution 9-27.600 Entering into Non-prosecution Agreements in Return for Cooperation — Generally A. Except as hereafter provided, the attomcy for the government may, with supervisory approval, enter into a non- prosecution agreement in exchange for a person's cooperation when, in his/her judgment, the person's timely cooperation appears to be necessary to the public interest and other means of obtaining the desired cooperation arc unavailable or would not be effective. B. Comment. Page I of 5 I. In many cases, it may be important to the success of an investigation or prosecution to obtain the testimonial or other cooperation of a person who is himself/herself implicated in the criminal conduct being investigated or prosecuted. However, because of his/her involvement, the person may refuse to cooperate on the basis of his/her Fifth Amendment privilege against compulsory self-incrimination. In this situation, there are several possible approaches the prosecutor can take to render the privilege inapplicable or to induce its waiver. a. First, if time permits, the person may be charged, tried, and convicted before his/her cooperation is sought in the investigation or prosecution of others. Having already been convicted himself/herself, the person ordinarily will no longer have a valid privilege to refuse to testify and will have a strong incentive to reveal the truth in order to induce the sentencing judge to impose a lesser sentence than that which otherwise might be found appropriate. 4 b. Second, the person may be willing to cooperate if the charges or potential charg against him/her are reduced in number or degree in return for his/her cooperation and his/her entry a guilty plea to the remaining charges. An agreement to file a motion pursuant to Sentencing Guideline 5K1.1 or Rule 35 of the Federal Rules of Criminal Procedure after the defendant gives full and complete cooperation is the preferred method for securing such cooperation. Usually such a concession by the government will be all that is necessary, or warranted, to secure the cooperation sought. Since it is certainly desirable as a matter of policy that an offender be required to incur at least some liability for his/her criminal conduct, government attorneys should attempt to secure this result in all appropriate cases, following the principles set forth in USAM 9-27.430 to the extent practicable. c. The third method for securing the cooperation of a potential defendant is by means of a court order under 18 U.S.C. §§ 600126003. Those statutory provisions govern the conditions under which uncooperative witnesses may be compelled to testify or provide information notwithstanding their invocation of the privilege against compulsory self incrimination. In brief, under the so-called "use immunity" provisions of those statutes, the court may order the person to testify or provide other information, but neither his/her testimony nor the information he/she provides may be used against him/her, directly or indirectly, in any criminal case except a prosecution for perjury or other failure to comply with the order. Ordinarily, these "use immunity" provisions should be relied on in cases in which attorneys for the government need to obtain sworn testimony or the production of information before a grand jury or at trial, and in which there is reason to believe that the person will refuse to testify or provide the information on the basis of his/her privilege against compulsory self- incrimination. See aSAM 9-23.000. Offers of immunity and immunity agreements should be in writing. Consideration should be given to documenting the evidence available prior to the immunity offer. d. Finally, there may be cases in which it is impossible or impractical to employ the methods described above to secure the necessary information or other assistance, and in which the person is willing to cooperate only in return for an agreement that he/she will not be prosecuted at all for what he/she has done. The provisions set forth hereafter describe the conditions that should be met before such an agreement is made, as well as the procedures recommended for such cases. Exhibit 15 lutp://www.usdoj.gov/usao/cousa/foia_reading_room/usam/title9/27mcrm.htm I /22/2007 EFTA00226402

USAM 9-27.000. Principles of Federal Prosecution Page 2 of 5 2. It is important to note that these provisions apply only if the case involves an agreement with a person who might otherwise be prosecuted. If the person reasonably is viewed only as a potential witness rather than a potential defendant, and the person is willing to cooperate, there is no need to consult these provisions. USAM 9-27.600 describes three circumstances that should exist before government attorneys enter into non-prosecution agreements in return for cooperation: the unavailability or ineffectiveness of other means of obtaining the desired cooperation; the apparent necessity of the cooperation to the public interest; and the approval of such a course of action by an appropriate supervisory official Unavailability or Ineffectiveness of Other Means. As indicated above, non-prosecution agreements are only one of several methods by which the prosecutor can obtain the cooperation of a person whose criminal involvement makes him/her a potential subject of prosecution. Each of the other methods--seeking cooperation after trial and conviction, bargaining for cooperation as part of a plea agreement, and compelling cooperation under a "use immunity" order--involves prosecuting the person or at least leaving open the possibility of prosecuting him/her on the basis of independently obtained evidence. Since these outcomes are clearly preferable to permitting an offender to avoid any liability for his/her conduct, the possible use of an alternative to a non-prosecution agreement should be given serious consideration in the first instance. Another reason for using an alternative to a non-prosecution agreement to obtain cooperation concerns the practical advantage in terms of the person's credibility if he/she testifies at trial. If the person already has been convicted, either after trial or upon a guilty plea, for participating in the events about which he/she testifies, his/her testimony is apt to be far more credible than if it appears to the trier of fact that he/she is getting off "scot free." Similarly, if his/her testimony is compelled by a court order, he/she cannot properly be portrayed by the defense as a person who has made a "deal" with the government and whose testimony is, therefore, suspect; his/her testimony will have been forced from him/her, not bargained for. In some cases, however, there may be no effective means of obtaining the person's timely cooperation short of entering into a non-prosecution agreement. The person may be unwilling to cooperate fully in return for a reduction of charges, the delay involved in bringing him/her to trial might prejudice the investigation or prosecution in connection with which his/her cooperation is sought and it may be impossible or impractical to rely on the statutory provisions for compulsion of testimony or production of evidence. One example of the latter situation is a case in which the cooperation needed does not consist of testimony under oath or the production of information before a grand jury or at trial. Other examples are cases in which time is critical, or where use of the procedures of 18 U.S.C. §?-6003 would unreasonably disrupt the presentation of evidence to the grand jury or the expeditious development of an investigation, or where compliance with the statute of limitat ions or the Speedy Trial Act precludes timely application for a court order. Only when it appears that the person's timely cooperation cannot be obtained by other means, or cannot be obtained effectively, should the attorney for the government consider entering into a non-prosecution agreement. 3. Public Interest. If he/she concludes that a non-prosecution agreement would be the only effective method for obtaining cooperation, the attorney for the government should consider whether, balancing the cost of foregoing prosecution against the potential benefit of the person's cooperation, the cooperation sought appears necessary to the public interest. This "public interest" determination is one of the conditions precedent to an application under 18 U.S.C. § 6003 for a court order compelling testimony. Like a compulsion order, a non-prosecution agreement limits the government's ability to undertake a subsequent prosecution of the witness. Accordingly, the same "public interest" test should be applied in this situation as well. Some of the considerations that may be relevant to the application of this test are set forth in USAM 9-27.620. http://www.usdoj.gov/usao/eousaffoitreading_room/usarn/title9/27mcrm.htrn 1/22/2007 EFTA00226403

USAM 9-27.000. Principles of Federal Prosecution Page 3 of 5 4. Supervisory Approval. Finally, the prosecutor should secure supervisory approval before entering into a non-prosecution agreement. Prosecutors working under the direction of a United States Attorney must seek the approval of the United States Attorney or a supervisory Assistant United States Attorney. Departmental attorneys not supervised by a United States Attorney should obtain the approval of the appropriate Assistant Attorney General or his/her designee, and should notify the United States Attorney or Attorneys concerned. The requirement of approval by a superior is designed to provide review by an attorney experienced in such matters, and to ensure uniformity of policy and practice with respect to such agreements. This section should be read in conjunction with USAM 9-27,640, concerning particular types of casts in which an Assistant Attorney General or his/her designee must concur in or approve an agreement not to prosecute in ret urn for cooperation. 9-27.620 Entering into Non-prosecution Agreements in Return for Cooperation - Considerations to be Weighed A. In determining whether, a person's cooperation may be necessary to the public interest, the attorney for the government, and those whose approval is necessary, should weigh all relevant considerations, including: I. The importance of the investigation or prosecution to an effective program of law enforcement; 2. The value of the person's cooperation to the investigation or prosecution; and 3. The person's relative culpability in connection with the offense or offenses being investigated or prosecuted and his/her history with respect to criminal activity. B. Comment. This paragraph is intended to assist Federal prosecutors, and those whose approval they must secure, in deciding whether a person's cooperation appears to be necessary to the public interest. The considerations listed here arc not intended to be all-inclusive or to require a particular decision in a particular case. Rather they are meant to focus the decision-maker's attention on factors that probably will be controlling in the majority of cases. 1. Importance of Case. Since the primary function of a Federal prosecutor is to enforce the criminal law, he/she should not routinely or indiscriminately enter into non-prosecution agreements, which are, in essence, agreements not to enforce the law under particular conditions. Rather, he/she should reserve the use of such agreements for cases in which the cooperation sought concerns the commission of a serious offense or in which successful prosecution is otherwise important in achieving effective enforcement of the criminal laws. The relative importance or unimportance of the contemplated case is therefore a significant threshold consideration. 2. Value of Cooperation. An agreement not to prosecute in return for a person's cooperation binds the government to the extent that the person carries out his/her part of the bargain. See Santobello v. New York 404 U.S. 257 (1971); Wade v. United States, 112 S. Ct. 1840 (1992). Since such an agreement forecloses enforcement of the criminal law against a person who otherwise may be liable to prosecution, it should not be entered into without a clear understanding of the nature of the quid pro quo and a careful assessment of its probable value to the government. In order to be in a position adequately to assess the potential value of a person's cooperation, the prosecutor should insist on an "offer of proof' or its equivalent from the person or his/her attorney. The prosecutor can then weigh the offer in terms of the investi on or prosecution in connection with which cooperation is sought. In doing so, he/she should consider questions as whether the cooperation will in fact be forthcoming, whether the testimony or other information provided will be credible, whether it can be corroborated by other evidence, whether it will materially assist the investigation or prosecution, and whether substantially the same benefit can be obtained from someone else without an agreement not to prosecute. After assessing all of these factors, together with any others that may be relevant, the prosecutor can judge the strength of his/her case with and without the person's cooperation, and determine whether it may be in the public interest to agree to forego prosecution under the circumstances. http://www.usdoj.gov/usaokousa/foia_reading_room/usam/title9/27mcrm.htm 1/22/2007 EFTA00226404

USAM 9-27.000. Principles of Federal Prosecution Page 4 of 5 3. Relative Culpability and Criminal History. In determining whether it may be necessary to the public interest to agree to forego prosecution of a person who may have violated the law in return for that person's cooperation, it is also important to consider the degree of his/her apparent culpability relative to others who are subjects of the investigation or prosecution as well as his/her history of criminal involvement. Of course, ordinarily it would not be in the public interest to forego prosecution of a high-ranking member of a criminal enterprise in exchange for his/her cooperation against one of his/her subordinates, nor would the public interest be served by bargaining away the opportunity to prosecute a person with a long history of serious criminal involvement in order to obtain the conviction of someone else on less serious charges. These are matters with regard to which the attorney for the government may find it helpful to consult with the investigating agenc y or with other prosecuting authorities who may have an interest in the person or his/her associates. It is also important to consider whether the person has a background of cooperation with law enforcement officials, either as a witness or an informant, and whether he/she has previously been the subject of a compulsion order under 18 U.S.C. §?-6003 or has escaped prosecution by virtue of an agreement not to prosecute. The information regarding compulsion orders may be available by telephone from the Immunity Unit in the Office of Enforcement Operations of the Criminal Division. 9-27.630 Entering into Non-prosecution Agreements in Return for Cooperation — Limiting the Scope of Commitment A. In entering into a non-prosecution agreement, the attorney for the government should, if practicable, explicitly limit the scope of the government's commitment to: 1. Non-prosecution based directly or indirectly on the testimony or other information provided; or 2. Non-prosecution within his/her district with respect to a pending charge, or to a specific offense then known to have been committed by the person. B. Comment. The attorney for the government should exercise extreme caution to ensure that his/her non- prosecution agreement does not confer "blanket" immunity on the witness. To this end, he/she should, in the first instance, attempt to limit his/her agreement to non-prosecution based on the testimony or information provided. Such an "informal use immunity" agreement has two advantages over an agreement not to prosecute the person in connection with a particular transaction: first, it preserves the prosecutor's option to prosecute on the basis of independently obtained evidence if it later appears that the person's criminal involvement was more serious than it originally appeared to be; and second, it encourages the witness to be as forthright as possible since the more he/she reveals the more protection he/she will have against a future prosecution. To further encourage full disclosure by the witness, it should be made clear in the agreement that the government's forbearance from prosecution is conditioned upon the witness's testimony or production of information being complete and truthful, and that failure to testify truthfully may result in a perjury prosecution. Even if it is not practicable to obtain the desired cooperation pursuant to an "informal use immunity" agreement, the attorney for the government should attempt to limit the scope of the agreement in terms of the testimony and transactions covered, bearing in mind the possible effect of his/her agreement on prosecutions in other districts. It is important that non-prosecution agreements be drawn in terms that will not bind other Federal prosecutors or agencies without their consent. Thus, if practicable, the attorney for the government should explicitly limit the scope of his/her agreement to non-prosecution within his/her district. If such a limitation is not practicable and it can reasonably be anticipated that the agreement may affect prosecution of the person in other districts, the attorney for the government contemplating such an agreement shall communicate the relevant facts to the Assistant Attorney General with supervisory responsibility for the subject matter. United States Attorneys may not make agreements which prejudice civil or tax liability without the express agreement of all affected Divisions and/or agencies. See also 9- 16.000 et seq. for more information regarding plea agreements. http://www.usdoj.gov/usao/eousa/foia_reading_room/usarn/title9/27mcrtn.htm I /22/2007 EFTA00226405

USAM 9-27.000. Principles of Federal Prosecution Page 5 of 5 Finally, the attorney for the government should make it clear that his/her agreement relates only to non- prosecution and that he/she has no independent authority to promise that the witness will be admitted into the Department's Witness Security program or that the Marshal's Service will provide any benefits to the witness in exchange for his/her cooperation. This does not mean, of course, that the prosecutor should not cooperate in making arrangements with the Marshal's Service necessary for the protection of the witness in appropriate cases. The procedures to be followed in such cases are set forth in USAM 9-21.000. 9-27.640 Agreements Requiring Assistant Attorney General Approval A. The attorney for the government should not enter into a non-prosecution agreement in exchange for a person's cooperation without first obtaining the approval of the Assistant Attorney General with supervisory responsibility over the subject matter, or his/her designee, when: 1. Prior consultation or approval would be required by a statute or by Departmental policy for a declination of prosecution or dismissal of a charge with regard to which the agreement is to be made; or 2. The person is: a. A high-level Federal, state, or local official; b. An official or agent of a Federal investigative or law enforcement agency; or c. A person who otherwise is, or is likely to become of major public interest. B. Comment. USAM 9-27.640 sets forth special cases that require approval of non-prosecution agreements by the responsible Assistant Attorney General or his/her designee. Subparagraph (1) covers cases in which existing statutory provisions and departmental policies require that, with respect to certain types of offenses, the Attorney General or an Assistant Attorney General be consulted or give his/her approval before prosecution is declined or charges arc dismissed. For example, see USAM 6-4.245 (tax offenses); USAM 9-41.010 (bankruptcy frauds); USAM 9-90..020 (internal security offenses); (see USAM 9-2.400 for a complete listing of all prior approval and consultation requirements). An agreement not to prosecute resembles a declination of prosecution or the dismissal of a charge in that the end resu It in each case is similar: a person who has engaged in criminal activity is not prosecuted or is not prosecuted fully for his/her offense. Accordingly, attorneys for the government should obtain the approval of the appropriate Assistant Attorney General, or his/her designee, before agreeing not to prosecute in any case in which consultation or approval would be required for a declination of prosecution or dismissal of a charge. Subparagraph (2) sets forth other situations in which the attorney for the government should obtain the approval of an Assistant Attorney General, or his/her designee, of a proposed agreement not to prosecute in exchange for cooperation. Generally speaking, the situations described will be cases of an exceptional or extremely sensitive nature, or cases involving individuals or matters of major public interest. In a case covered by this provision that appears to be of an especially sensitive nature, the Assistant Attorney General should, in turn, consider whether it would be appropriate to notify the Attorney General or the Deputy Attorney General. http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/27mcrm.hun I /22/2007 EFTA00226406

PART V-IMMUNITY OF WITNESSES Chapter Section 601. Immunity of witnesses 6001 HISTORICAL AND STATUTORY NOTES 1970 Amendment Pub. L. 9r 2. Title § 201(a), Oct. 15, 1970. 84 Stat. 926, added V and items 6001 to 6005. CHAPTER 601-IMMUNITY OF WITNESSES Sec. 6001. Definitions. 6002. Immunity generally. 6003. Court and grand jury proceedings. 6004. Certain administrative proceedings. 6005. Congressional proceedings. HISTORICAL AND STATUTORY NOTES 1994 Amendments Pub.L. 103-322, Title )0()(III, § 330013(1), Sept. 13, 1994, 109 Stat. 2146, added chapter heading. § 6001. Definitions As used in this chapter— (1) "agency of the United States" means any executive department as defined in section 101 of title 5, United States Code, a military department as defined in section 102 of title 5, United States Code, the Nuclear Regulatory Commission, the Board of Governors of the Federal Reserve System, the China Trade Act registrar appointed under 53 •1. 432 (15 U.S.C. sec. 143), the Commodity Trading Commission, the Federal Commu- nications Commission, the Federal Deposit Insur- ance Corporation, the Federal Maritime Commis- sion, the Federal Power Commission, the Federal Trade Commission, the Surface Transportation Board, tt raNn:tional Labor Relations Board, the National portation Safety Board, the Railroad Retirement Board, an arbitration board established under 48 Stat. 1193 (45 U.S.C. sec. 157), the Securi- epi and Exchange Commission, or a board estab- sed under 49 Stat. 31 (15 U.S.C. sec. 715d); (2) "other information" includes any book, paper, document, record, recording, or other material; . (3) "proceeding before an agency of the United States" means any proceeding before such an agen- cy with respect to which it is authorized to issue subpenas and to take testimony or receive other ' information from witnesses under oath; and (4) "court of the United States" means any of the following courts: the Supreme Court of the United States, a United States court of appeals, a United States district court established under chapter 5, title 28, United States Code, a United States bank- ruptcy court established under chapter 6, title 28, United States Code, the District of Columbia Court of Appeals, the Superior Court of the District of Columbia, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, the Tax Court of the United States, the Court of International Trade, and the Court of Appeals for the Armed Forces. (Added Pub.L. 91-452, Title II, § 201(a), Oct. 15. 1970, 84 Stat 926, and amended Pub.L. 95-406, § 25. Sept 30, 1978, 92 Stat. 877; Pub.L. 95-598, Title III, § 314(I ), Nov. 6, 1978, 92 Stat. 2678; Pub.L. 96-417, Title VI, `§ 601(1), Oct. 10, 1980, 94 Stat. 1744; Pub.L. 97-164, Title 1, § 164(1), Apr. 2, 1982, 96 Stat. 50; Pub.L. 102-550. Title , § 1543, Oct. 28, 1992, 106 Stat. 4069; Pub.L. 102-572, Title DC, § 902(bX1), Oct. 29, 1992, 106 Stat 4519; Pub.L. 103-272, § 4(d), July 5, 1994, 108 Stat. 1361; Pub.L. 103-322, Title XXXIII, § 330013(2), (3). Sept- 13, 1994, 108 Stat 2146; Pub.L. 103-337, Div. A, Title IX, § 924(d)(1)1B), Oct. 5, 1994, 108 Stat. 2832; Pub.L. 104-88, Title III, § 303(2), Dec. 29, 1995, 109 Stat. 943.) HISTORICAL AND STATUTORY NOTES Effective and Applicability Provisions 1995 Acts. Amendment by Pub.L. 104-88 effective Jan. 1, 1996, see section 2 of Pub.L. 104-88, set out as a note under section 701 of Title 49, Transportation. 1992 Acts. Except as otherwise provided, amendment by Pub.L. 102-560 effective Oct 28, 1992, see section 2 of Pub.L. 102-650, set out 1S a note under section 5301 of Title 42, The Public Health and Welfare. 1982 Acts. Amendment by Pub.L. 97-164 effective Oct 1, 1982, see section 402 of Pub.L. 97-164, set out as an Effec- tive Date of 1982 Amendment note under section 171 of Title 28, Judiciary and Judicial A ()sedum. 1980 Acts. Amendment by Pub.L. 96-417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub.L. 96-417, set out as an Effective Date of 1980 Amend- ment note under section 251 of Title 28, Judiciary and Judicial Procedure. 1978 Acts. Amendment by Pub.L. 95-698 effective Oct, 1, 1979, see section 402(a) of Pub.L. 95-598, set out as an Effective Dates note preceding section 101 of Title 11, Bank- ruptcy. Amendment by Pub.L. 95-405 effective Oct 1, 1978, see section 28 of Pub.L. 95-405, set out as an Effective Date of 1978 Amendment note under section 2 of Title 7. Agriculture. Complete Annotation Materials, an Title IS, U.S.CA. 1209 • EFTA00226407

18 * 6001 IMMUNITY OF WITNESSES Part 5 1970 Acts. Section 260 of Pub.L. 91-452 provided that: "The provisions of part V of title 18, United States Code, added by title II of this Act [this part], and the amendments and repeals made by title 11 of this Act [sections 835. 89i, 1406, 1954, 2424, 2514 and 3486 of this title, sections 16, 87( 13.5e, 499rn(f). and 2115 of Title 7, Agriculture. section 25 f former Title 11. Bankruptcy, section 1820 of Title 12, Banks and Banking. sections 32, 33, 49, 77v, 78u(d). 79r(e), 80a-41, 80b-9, 155, 717m, 1271. and 1714 of Title 15. Commerce and Trade, section srof of Title 16. Conservation, section 1333 of Title 19, Customs Duties, section 373 of Title 21, Food and Drugs. sections 4874 and 7493 of Title 26, Internal Revenue Code, section 161(3) of Title 29, Labor, section 506 of Title 33, Navigation and Navigable Waters, sections 405(0 and 2201 of Title 42, The Public Health and Welfare, sections 157 and 362 of Title 45, Railroads, sections 827 and 1124 of TStle 46, Shipping, section 409(1) of Tide 47, Telegraphs, Tele- phones, and Radiotelegraphs, sections 9, 43, 46, 47. 48, 916, and 1017 of former Title 49, Transportation, and section 1484 of Title 49, Appendix, section 792 of Title 50. War and National Defense, and sections 643a, 1152, 2026. and 2155(b) of Title 50, Appendix], shall take effect on the sixtieth day following the date of the enactment of this Act [Oct. IS, 1970). No amendment to or repeal of any provision of law under tide II of this Act shall affect any immunity to which any individual is entitled under such provision by reason of any testimony or other information given before such day." Change of Name References to United States Claims Court deemed to refer to United States Court of Federal Claims and references to Claims Court deemed to refer to Court of Federal Claims, see section 902(b) of Pub.L. 102-572, set out as a note under section 171 of Tide 28, Judiciary and Judicial Procedure. Savings Provisions Amendment by section 314 of Pub.L. 95-598 not to affect the application of chapter 9 [§ 151 et seq.], chapter 96 [§ 1961 et seq.], or section 2516, 3057, or 3284 of this title to any act of any person ( committed before Oct. 1, 1979, or (2) committed after Oct. 1. 1979, in connection with a Case commenced before such date, see section 403(d) of Pub.L. 95-598, set out preceding section 101 of Title 11, Bankruptcy. Amendment or Repeal of Inconsistent Provisions Section 2.59 of Pub.L. 91-452 provided that "In addition to the provisions of law specifically amended or specifically repealed by this title [see Effective Date note set out under this section], any other provision of law inconsistent with the provisions of part V of title 18, United States Code (added by tide II of this Act) [this part], is to that extent amended or repealed." Abolition of the Atomic Energy Commission The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Ener- gy Research and Development Administration (unless other- wise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was tenninated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42. Termination of Civil Aeronautics Board and Transfer of Certain Functior All functions, wins, and duties of the Civil Aeronautics Board were terminated or transferred by former section 1551 of Title 49, Transportation, effective in part on ec. 31, 1981, in part on Jan. I. 1983, and in part on Jan. , 198.5. Termination of Federal Power Commission The Federal Power Commission, referred to in par. (1) was terminated and the functions, personnel, property, funds, etc.. thereof were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(6), 7171(a). 7172(a). 7291, and 7293 of Title 42, The Public Health and Welfare. Subversive Activities Control Board The Subversive Activities Control Board was established by Act Sept. 23. 1950. c. 1024, § 12, 64 Stat. 997, and ceased to operate June 30. 1973. § 6002. Immunity generally Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or pro- vide other information in a proceeding before or ancil- lary to— (1) a court or grand jury of the United States, (2) an agency of the United States, or (3) either House of Congress, a joint committee of the two Houses, or a committee or a subcommit- tee of either House, and the person presiding over the proceeding commu- nicates to the witness an order issued under this title, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled un- der the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false state- ment, or otherwise failing to comply with the order. (Added Pub.L. 91-452, Title if, § 201(a), Oct. 16, 1970, 84 Stat. 927, and amended Pub.L. 103-322, Title XXXIii, § 330013(4), Sept. 13, 1994, 108 Stat 2146.) § 6003. Court and grand jury proceedings (a) in the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court of the United States or a grand jury of the United States, the United States district court for the judicial district in which the proceeding is or may be held shall issue, in accordance with subsection (b) of this section, upon the request of the United States attorney for such district, an order requiring such individual to give testimony or provide other information which he re- fuses to give or provide on the basis of his privilege against self-incrimination, such order to become effec- tive as provided in section 6002 of this title. Complete Annotation Matedals, see Thls 1% u.s.c.a. 1210 EFTA00226408

Ch. 601 IMMUNITY OF WITNESSES 18 § 6005 (h) A I hilted States attorney may, with the approv- al of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any des- ignated Assistant Attorney General or Deputy Assis- tant Attorney General, request an order under subsec- tion (a) of this section when in his judgment— (1) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. (Added Pub.L. 91-452, Title ll, ¢ 201(a), Oct. 15, 1970, 84 Stat 927, and amended Pub.L. 100-690. Title VII. 5 7020(e), Nov. 18, 1988, 102 Stat. 4396; Pub.L. 103-322, Title XXXIII, § 330013(4), Sept. 13, 1994. 108 Stat. 2146.) § 6004. Certain administrative proceedings (a) In the case of any individual who has been or who may be called to testify or provide other informa- tion at any proceeding before an agency of the United States, the agency may, with the approval of the Attorney General, issue, in accordance with subsection (b) of this section, an order requiring the individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effec- tive as provided in section 6002 of this title. (b) An agency of the United States may issue an order under subsection (a) of this section only if in its judgment— (1) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or Ls likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. (Added Pub.L. 91-452, Title IL § 201(a), Oct. 15, 1970, 84 Stat 927, and amended Pub.L. 103-3tZ, Title 330013(4), Sept. 13, 1994, 108 Stat. 2146.) § 6005. Congressional proceedings (a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to either House of Congress, or any committee, or any subcommittee of either House, or any joint committee of the two Houses, a United States district court shall issue, in accordance with subsection (b) of this section, upon the request of a duly authorized representative of the House of Congress or the committee concerned, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self- incrimination, such order to become effective as pro- vided in section 6002 of this title. (b) Before issuing an order under subsection (a) of this section, a United States district court shall find that— (1) in the case of a proceeding before or ancillary to either House of Congress, the request for such an order has been approved by an affirmative vote of a majority of the Members present of that House; (2) in the case of a proceeding before or ancillary to a committee or a subcommittee of either House of Congress or a joint committee of both Houses, the request for such an order has been approved by an affirmative vote of two-thirds of the members of the full committee; and (3) ten days or more prior to the day on which the request for such an order was made, the Attor- ney General was served with notice of an intention to request the order. (c) Upon application of the Attorney General, the United States district court shall defer the issuance of any order under subsection (a) of this section for such period, not longer than twenty days from the date of the request for such order, as the Attorney General may specify. (Added Pub.L. 61-452, Title II, 1201(a), Oct. 15, 1970, 84 Stat. 928, and amended Pub.L. 103-322, Title XXXIII, § 330013(4), Sept 13, 1994, 108 Stat 2146; Pub.L. 104-292, § 5, Oct. 11, 1996, 110 Stat 3460; Pub.L. 104-294, Title VI, 605(0), Oct. 11, 1996, 110 Stat. 3510.) Complete Annotation Materials, see Title 18, U.S.C.A. 1211 EFTA00226409

United States District Court SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 05-02(WPB)-Fri./No. OLY-24 SUBPOENA FOR: PERSON X DOCUMENTS OR OBJECT'S] YOU ARE HEREBY COMMANDED to appear and testify before the G rand J ury of th e Un ited States Di strict Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street Wcst Palm Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: December 1, 2006 9:30 am YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): Any and all records related to your employment with Jeffrey Epstein, including but not limited to paystubs, W-2 forms, correspondence, employment applications, and employment reviews. Any and all information regarding methods to contact Jeffrey Epstein directly or via any secretaries/assistants from 1/112004 to the present, including but not limited to, telephone numbers, cellular telephone numbers, Blackberry addresses, e-mail addresses, and mailing addresses. Any and all information regarding appointments for massages performed on Jeffrey Epstein in Palm Beach, Florida or elsewhere. ilt Please coordinate your compliance ' • d confirm the date and time , and location of your appearance with Special Agent Federal Bureau of Investigation, Telephone: (561) 822-5946. 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. This subpoena is issued upon application Namc Address and P Attorney 5 •[ not applicable, enter 'none' To be mai stag a A OR -227 JAN.86 Case No. 08-80736-CV-MARRA P-000213 EFTA00226410

RETURN OF SERVICE' RECEIVED BY SERVER DATE PLACE SERVED DATE PLACE SERVED ON (NAME) SERVED BY TITLE STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVICE' I declare under penalty of perjury under the laws of the United States of America Mal the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on DATE Signature of Server Address of Server ADDITIONAL INFORMATION lAs to who may serve a subpoena and the manner of Its service see Rule 17(d). Federal Rules of Criminal Procedure, or Rule 45(c), Federal Rules of CNII Procedure. 2."Fees and mileage need not be tendered to the witness upon service of a subpoena Issued on behalf of the United States or an officer or agency thereof (Rule 45(c), Federal Rules of Civil Procedure; Rule 17(d), Federal Rules of Criminal Procedure) or on behalf of certain Indigent parties and criminal defendants who are unable to pay such costs (28 USC 1825, Rule 17(b) Federal Rules of Criminal Procedure)" Case No. 08-80736-CV-MARRA P-000214 EFTA00226411

United States SOUTHERN DISTRICT TO: YOU ARE HEREBY COMMANDED to appear Court at the place, date and time specified below. SUBPOENA District OF PERSON testify Court FLORIDA SUBPOENA BEFORE GRAND Fall 05-02(WPB)-Fri./No. FOR: r xi DOCUMENTS TO TESTIFY JURY OLY-24 OR OBJECT [S Jury of the United States District I X i and before the Grand PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: December 1, 2006 9:30 am YOU ARE ALSO COMMANDED to bring with you the following Any and all records related to your employment with Jeffrey paystubs, W-2 forms, correspondence, employment applications, information regarding methods to contact Jeffrey Epstein directly 1/1/2004 to the present, including but not limited to, telephone Blackberry addresses, e-mail addresses, and mailing addresses. appointments for massages performed on Jeffrey Epstein Please coordinate your compliance liiiii d your appearance with Special Agent IIIIII, (561) 822-5946. This subpoena shall remain in effect until you are granted leave on behalf of the court. document(s) Epstein, and employment or via any numbers, Any and in Palm Beach, confirm the date Federal Bureau to depart by the or object(s): including but not limited to reviews. Any and all secretaries/assistants from cellular telephone numbers, all information regarding Florida or elsewhere. and time , and location of of Investigation, Telephone: court or by an officer acting • etspitij. CLERK •-• Ool t 0 i i 4 S.: DATE: November 13, 2006 (BY) DEPUTY CLERJC This subpoena is issued upon application of the U ' dStat f Ame ' Name, Address and Phone Number of Assistant U.S. Attorney 'If 'nom' boa of A0110 FORM ORD-227 JAN.86 P-000216 not applicable. alto To bnemele Casc No. 08-80736-CV-MARRA EFTA00226412

United States District Court SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 05-02(WPB)-Fri./No. OLY-24-2 SUBPOENA FOR: PERSON X X 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: January 12, 2007 9:30 am• YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): Any and all records related to your employment with Jeffrey Epstein, including but not limited to paystubs, W-2 forms, correspondence, employment applications, and employment reviews. Any and all information regarding methods to contact Jeffrey Epstein directly or via any secretaries/assistants from 1/1/2004 to the present, including but not limited to, telephone numbers, cellular telephone numbers, Blackberry addresses, e-mail addresses, and mailing addresses. Any and all information regarding appointments for massages performed on Jeffrey Epstein in Palm Beach, Florida or elsewhere. *Please coordinate your compliance .* • nd confirm the date and time, and location of your appearance with Special Agent , Federal Bureau of Investigation, Telephone: (561) 822-5946. 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 DATE: December 18, 2006 This subpoena is issued upon application of the United States of America •Knot applicable. enter "none.` Name, Address and Phone Number of Assistant U.S. Attorney To beryl .r.. o(A0110 FORM ORD-227 JAN.86 Case No. 08-80736-CV-MARRA P-000219 EFTA00226413

LAW OFFICES LYONS AND SANDERS CHARTERED DALE R. SANDERS • BRUCE M. LYONS •• HOWARD L. ORCITZER COWARD 0. MERGER 4195P-I9417) 'ea° women° IN WYOMING • ALSO ADMITTED IN COLORADO February 14, 2007 600 NORTHEAST .3"17 AVENUE FORT LAUDIIILDAI.S. FLORIDA 3300.1 TELEPHONE 1954) 467-0700 TELEFAX (984) 763-4056 MAILING ADDRESS P. O. SOX 1778 FORT LAUDERDALE, FL 33302-1776 Re: Adrian Ross Grand Jury Subpoena Dear Ms. Villafana: indicate Fifth Amendment extended. You request and that formal grant of January 25, 2007, IIIIIIIIIIIIIIIlland with a grand jury subpoena for my to appear on February 13, 2007. I ss would assert her rights under the and on consent, the appearance has been have asked me to set out the basis for my you apply through appropriate channels for a use immunity for . I do so here. As I indicated to you when we conversed last week, is no longer employed by Mr. Epstein, but has read much o w at can be found on the Internet about the investigation of Mr. Epstein. From that review, she is aware that the police considered charging several persons close to Mr. Epstein, including at least one employee. Given that, and the seemingly broad scope of the investigation, Ms. Ross asserts her rights under the Fifth Amendment. Indeed, considering that both the state authorities in Palm Beach County and your office are conducting investigations, there is every reason for her to be concerned and therefore to assert her constitutional rights. If you continue to want her to appear before a grand jury, be advised that she will assert Case No. 08-80736-CV-MARRA P-000220 EFTA00226414

her rights under the Fifth Amendment unless there is a formal grant of immunity. If you should have any questions regarding the above, please feel free to contact me. Very truly your UCE M. LYONS BML/md d 2 Case No. 08-80736-CV-MARRA P-000221 EFTA00226415

USAM 9-27.000. Principles of Federal Prosecution 9-27.600 Entering into Non-prosecution Agreements in Return for Cooperation — Generally A. Except as hereafter provided, the attorney for the government may, with supervisory approval, enter into a non- prosecution agreement in exchange for a person's cooperation when, in his/her judgment, the person's timely cooperation appears to be necessary to the public interest and other means of obtaining the desired cooperation arc unavailable or would not be effective. B. Comment. Pagc 1 of 5 1. In many cases, it may be important to the success of an investigation or prosecution to obtain the testimonial or other cooperation of a person who is himself/herself implicated in the criminal conduct being investigated or prosecuted. However, because of his/her involvement, the person may refuse to cooperate on the basis of his/her Fifth Amendment privilege against compulsory self-incrimination. In this situation, there are several possible approaches the prosecutor can take to render the privilege inapplicable or to induce its waiver. a. First, if time permits, the person may be charged, tried, and convicted before his/her cooperation is sought in the investigation or prosecution of others. Having already been convicted himself/herself, the person ordinarily will no longer have a valid privilege to refuse to testify and will have a strong incentive to reveal the truth in order to induce the sentencing judge to impose a lesser sentence than that which otherwise might be found appropriate. b. Second, the person may be willing to cooperate if the charges or potential charge against him/her are reduced in number or degree in return for his/her cooperation and his/her entry of a guilty plea to the remaining charges. An agreement to file a motion pursuant to Sentencing Guideline 5K1.1 or Rule 35 of the Federal Rules of Criminal Procedure after the defendant gives full and complete cooperation is the preferred method for securing such cooperation. Usually such a concession by the government will be all that is necessary, or warranted, to secure the cooperation sought. Since it is certainly desirable as a matter of policy that an offender be required to incur at least some liability for his/her criminal conduct, government attorneys should attempt to secure this result in all appropriate cases, following the principles set forth in USAM 9-27.430 to the extent practicable. c. The third method for securing the cooperation of a potential defendant is by means of a court order under 18 U.S.C. §§ 6001:6003. Those statutory provisions govern the conditions under which uncooperative witnesses may be compelled to testify or provide information notwithstanding their invocation of the privilege against compulsory self incrimination. In brief, under the so-called "use immunity" provisions of those statutes, the court may order the person to testi& or provide other information, but neither his/her testimony nor the information he/she provides may be used against him/her, directly or indirectly, in any criminal case except a prosecution for perjury or other failure to comply with the order. Ordinarily, these "use immunity" provisions should be relied on in cases in which attorneys for the government need to obtain sworn testimony or the production of information before a grand jury or at trial, and in which there is reason to believe that the person will refuse to testify or provide the information on the basis of his/her privilege against compulsory self- incrimination. See usimo 9-23,a Offers of immunity and immunity agreements should be in writing. Consideration should be given to documenting the evidence available prior to the immunity offer. d. Finally, there may be cases in which it is impossible or impractical to employ the methods described above to secure the necessary information or other assistance, and in which the person is willing to cooperate only in return for an agreement that he/she will not be prosecuted at all for what he/she has done. The provisions set forth hereafter describe the conditions that should be met before such an agreement is made, as well as the procedures recommended for such cases. Exhibit 15 littp://www.usdoj.gov/usao/eousaffoia_reading_room/usam/title9/27mcmhtm 1/22/2007 EFTA00226416

USAM 9-27.000. Principles of Federal Prosecution Page 2 of 5 It is important to note that these provisions apply only if the case involves an agreement with a person who might otherwise be prosecuted. If the person reasonably is viewed only as a potential witness rather than a potential defendant, and the person is willing to cooperate, there is no need to consult these provisions. IJSAM 9-27.6A describes three circumstances that should exist before government attorneys enter into non-prosecution agreements in return for cooperation: the unavailability or ineffectiveness of other means of obtaining the desired cooperation; the apparent necessity of the cooperation to the public interest; and the approval of such a course of action by an appropriate supervisory official 2. Unavailability or Ineffectiveness of Other Means. As indicated above, non-prosecution agreements are only one of several methods by which the prosecutor can obtain the cooperation of a person whose criminal involvement makes him/her a potential subject of prosecution. Each of the other methods--seeking cooperation after trial and conviction, bargaining for cooperation as part of a plea agreement, and compelling cooperation under a "use immunity" order--involves prosecuting the person or at least leaving open the possibility of prosecuting him/her on the basis of independently obtained evidence. Since these outcomes are clearly preferable to permitting an offender to avoid any liability for his/her conduct, the possible use of an alternative to a non-prosecution agreement should be given serious consideration in the first instance. Another reason for using an alternative to a non-prosecution agreement to obtain cooperation concerns the practical advantage in terms of the person's credibility if he/she testifies at trial. If the person already has been convicted, tither after trial or upon a guilty plea, for participating in the events about which he/she testifies, his/her testimony is apt to be far more credible than if it appears to the trier of fact that he/she is getting off "scot free." Similarly, if his/her testimony is compelled by a court order, he/she cannot properly be portrayed by the defense as a person who has made a "deal" with the government and whose testimony is, therefore, suspect; his/her testimony will have been forced from hint/her, not bargained for. In some cases, however, there may be no effective means of obtaining the person's timely cooperation short of entering into a non-prosecution agreement. The person may be unwilling to cooperate fully in return for a reduction of charges, the delay involved in bringing him/her to trial might prejudice the investigation or prosecution in connection with which his/her cooperation is sought and it may be impossible or impractical to rely on the statutory provisions for compulsion of testimony or production of evidence. One example of the latter situation is a case in which the cooperation needed does not consist of testimony under oath or the production of information before a grand jury or at trial. Other examples are cases in which time is critical, or where use of the procedures of 18 U.S.C. §?-6003 would unreasonably disrupt the presentation of evidence to the grand jury or the expeditious development of an investigation, or where compliance with the statute of limitat ions or the Speedy Trial Act precludes timely application for a court order. Only when it appears that the person's timely cooperation cannot be obtained by other means, or cannot be obtained effectively, should the attorney for the government consider entering into a non-prosecution agreement. 3. Public Interest. If he/she concludes that a non-prosecution agreement would be the only effective method for obtaining cooperation, the attorney for the government should consider whether, balancing the cost of foregoing prosecution against the potential benefit of the person's cooperation, the cooperation sought appears necessary to the public interest. This "public interest" determination is one of the conditions precedent to an application under I8 U.S.C. § 6003 for a court order compelling testimony. Like a compulsion order, a non-prosecution agreement limits the government's ability to undertake a subsequent prosecution of the witness. Accordingly, the same "public interest" test should be applied in this situation as well. Some of the considerations that may be relevant to the application of this test are set forth in USAM 9-27.620. http://www.usdoj.gov/usao/eousa/foia_reading_roorn/usam/title9/27mcrm.htm I /22/2007 EFTA00226417

USAM 9-27.000. Principles of Federal Prosecution Page 3 of 5 4. Supervisory Approval. Finally, the prosecutor should secure supervisory approval before entering into a non-prosecution agreement. Prosecutors working under the direction of a United States Attorney must seek the approval of the United States Attorney or a supervisory Assistant United States Attorney. Departmental attorneys not supervised by a United States Attorney should obtain the approval of the appropriate Assistant Attorney General or his/her designee, and should notify the United States Attorney or Attorneys concerned. The requirement of approval by a superior is designed to provide review by an attorney experienced in such matters, and to ensure uniformity of policy and practice with respect to such agreements. This section should be read in conjunction with USAM 9-27.640, concerning particular types of cases in which an Assistant Attorney General or his/her designee must concur in or approve an agreement not to prosecute in ret urn for cooperation. 9-27.620 Entering into Non-prosecution Agreements in Return for Cooperation — Considerations to be Weighed A. In determining whether, a person's cooperation may be necessary to the public interest, the attorney for the government, and those whose approval is necessary, should weigh all relevant considerations, including: 1. The importance of the investigation or prosecution to an effective program of law enforcement; 2. The value of the person's cooperation to the investigation or prosecution; and 3. The person's relative culpability in connection with the offense or offenses being investigated or prosecuted and his/her history with respect to criminal activity. B. Comment. This paragraph is intended to assist Federal prosecutors, and those whose approval they must secure, in deciding whether a person's cooperation appears to be necessary to the public interest. The considerations listed here are not intended to be all-inclusive or to require a particular decision in a particular case. Rather they are meant to focus the decision-makers attention on factors that probably will be controlling in the majority of cases. 1. Importance of Case. Since the primary function of a Federal prosecutor is to enforce the criminal law, he/she should not routinely or indiscriminately enter into non-prosecution agreements, which are, in essence, agreements not to enforce the law under particular conditions. Rather, he/she should reserve the use of such agreements for cases in which the cooperation sought concerns the commission of a serious offense or in which successful prosecution is otherwise important in achieving effective enforcement of the criminal laws. The relative importance or unimportance of the contemplated case is therefore a significant threshold consideration. 2. Value of Cooperation. An agreement not to prosecute in return for a person's cooperation binds the government to the extent that the person carries out his/her part of the bargain. See Santobello v. New York 404 U.S. 257 (1971); Wade v. United States, 112 S. Ct. 1840 (1992). Since such an agreement forecloses enforcement of the criminal law against a person who otherwise may be liable to prosecution, it should not be entered into without a clear understanding of the nature of the quid pm quo and a careful assessment of its probable value to the government. In order to be in a position adequately to assess the potential value of a person's cooperation, the prosecutor should insist on an "offer of proof' or its equivalent from the person or his/her attorney. The prosecutor can then weigh the offer in terms of the investigation or prosecution in connection with which cooperation is sought. In doing so, he/she should consider such questions as whether the cooperation will in fact be forthcoming, whether the testimony or other information provided will be credible, whether it can be corroborated by other evidence, whether it will materially assist the investigation or prosecution, and whether substantially the same benefit can be obtained from someone else without an agreement not to prosecute. After assessing all of these factors, together with any others that may be relevant, the prosecutor can judge the strength of his/her case with and without the person's cooperation, and determine whether it may be in the public interest to agree to forego prosecution under the circumstances. http://www.usdoj.govhisao/cousaabia_reading_roonilusain/title9/27mcrm.htm 1/22/2007 EFTA00226418

USAM 9-27.000. Principles of Federal Prosecution Page 4 of 5 3. Relative Culpability and Criminal History. In determining whether it may be necessary to the public interest to agree to forego prosecution of a person who may have violated the law in return for that person's cooperation, it is also important to consider the degree of his/her apparent culpability relative to others who are subjects of the investigation or prosecution as well as his/her history of criminal involvement. Of course, ordinarily it would not be in the public interest to forego prosecution of a high-ranking member of a criminal enterprise in exchange for his/her cooperation against one of his/her subordinates, nor would the public interest be served by bargaining away the opportunity to prosecute a person with a long history of serious criminal involvement in order to obtain the conviction of someone else on less serious charges. These are matters with regard to which the attorney for the government may find it helpful to consult with the investigating agenc y or with other prosecuting authorities who may have an interest in the person or his/her associates. It is also important to consider whether the person has a background of cooperation with law enforcement officials, either as a witness or an informant, and whether he/she has previously been the subject of a compulsion order under 18 U.S.C. §?-6003 or has escaped prosecution by virtue of an agreement not to prosecute. The information regarding compulsion orders may be available by telephone from the Immunity Unit in the Office of Enforcement Operations of the Criminal Division. 9-27.630 Entering into Non-prosecution Agreements in Return for Cooperation — Limiting the Scope of Commitment A. In entering into a non-prosecution agreement, the attorney for the government should, if practicable, explicitly limit the scope of the government's commitment to: 1. Non-prosecution based directly or indirectly on the testimony or other information provided; or 2. Non-prosecution within his/her district with respect to a pending charge, or to a specific offense then known to have been committed by the person. B. Comment. The attorney for the government should exercise extreme caution to ensure that his/her non- prosecution agreement does not confer "blanket" immunity on the witness. To this end, he/she should, in the first instance, attempt to limit his/her agreement to non-prosecution based on the testimony or information provided. Such an "informal use immunity" agreement has two advantages over an agreement not to prosecute the person in connection with a particular transaction: first, it preserves the prosecutor's option to prosecute on the basis of independently obtained evidence if it later appears that the person's criminal involvement was more serious than it originally appeared to be; and second, it encourages the witness to be as forthright as possible since the more he/she reveals the more protection he/she will have against a future prosecution. To further encourage full disclosure by the witness, it should be made clear in the agreement that the government's forbearance from prosecution is conditioned upon the witness's testimony or production of information being complete and truthful, and that failure to testify truthfully may result in a perjury prosecution. Even if it is not practicable to obtain the desired cooperation pursuant to an "informal use immunity" agreement, the attorney for the government should attempt to limit the scope of the agreement in terms of the testimony and transactions covered, bearing in mind the possible effect of his/her agreement on prosecutions in other districts. It is important that non-prosecution agreements be drawn in terms that will not bind other Federal prosecutors or agencies without their consent. Thus, if practicable, the attorney for the government should explicitly limit the scope of his/her agreement to non-prosecution within his/her district. If such a limitation is not practicable and it can reasonably be anticipated that the agreement may affect prosecution of the person in other districts, the attorney for the government contemplating such an agreement shall communicate the relevant facts to the Assistant Attorney General with supervisory responsibility for the subject matter. United States Attorneys may not make agreements which prejudice civil or tax liability without the express agreement of all affected Divisions and/or agencies. See also 9- 16.000 et seq. for more information regarding plea agreements. lutp://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/27mcrm.htm 1/22/2007 EFTA00226419

USAM 9-27.000. Principles of Federal Prosecution Page 5 of 5 Finally, the attorney for the government should make it clear that his/her agreement relates only to non- prosecution and that he/she has no independent authority to promise that the witness will he admitted into the Department's Witness Security program or that the Marshal's Service will provide any benefits to the witness in exchange for his/her cooperation. This does not mean, of course, that the prosecutor should not cooperate in making arrangements with the Marshal's Service necessary for the protection of the witness in appropriate cases. The procedures to be followed in such cases are set forth in USAM9-21.000. 9-27.640 Agreements Requiring Assistant Attorney General Approval A. The attorney for the government should not enter into a non-prosecution agreement in exchange for a person's cooperation without first obtaining the approval of the Assistant Attorney General with supervisory responsibility over the subject matter, or his/her designee, when: 1. Prior consultation or approval would be required by a statute or by Departmental policy for a declination of prosecution or dismissal of a charge with regard to which the agreement is to be made; or 2. The person is: a. A high-level Federal, state, or local official; b. An official or agent of a Federal investigative or law enforcement agency; or c. A person who otherwise is, or is likely to become of major public interest. B. Comment. USAM 9-27.640 sets forth special cases that require approval of non-prosecution agreements by the responsible Assistant Attorney General or his/her designee. Subparagrc ph (1) covers cases in which existing statutory provisions and departmental policies require that, with respe to certain types of offenses, the Attorney General or an Assistant Attorney General be consulted or give his/her approval before prosecution is declined or charges arc dismissed. For example, see USAM 64245 (tax offenses); USAM 941.010 (bankruptcy frauds); USAM 9-90,020 (internal security offenses); (see USAM_9-2.400 for a complete listing of all prior approval and consultation requirements). An agreement not to prosecute resembles a declination of prosecution or the dismissal of a charge in that the end resu It in each case is similar: a person who has engaged in criminal activity is not prosecuted or is not prosecuted fully for his/her offense. Accordingly, attorneys for the government should obtain the approval of the appropriate Assistant Attorney General, or his/her designee, before agreeing not to prosecute in any case in which consultation or approval would be required for a declination of prosecution or dismissal of a charge. Subparagraph (2) sets forth other situations in which the attorney for the government should obtain the approval of an Assistant Attorney General, or his/her designee, of a proposed agreement not to prosecute in exchange for cooperation. Generally speaking, the situations described will be cases of an exceptional or extremely sensitive nature, or cases involving individuals or matters of major public interest. In a case covered by this provision that appears to be of an especially sensitive nature, the Assistant Attorney General should, in turn, consider whether it would be appropriate to notify the Attorney General or the Deputy Attorney General. http://vvww.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/27mcrm.htm I /22/2007 EFTA00226420

PART V-IMMUNITY OF WITNESSES Chapter Section 601. Immunity of witnesses 6001 Sec. 6001. 6002 6003. 6004. 0005. IIISTORICAL AND STATUTORY NOTES 1994 Amendments Pub.L. 103-322, Title XXXIII, I 330013(1), Sept. 13, 1994, 108 Stat. 2146, added chapter heading. § 6001. Definitions As used in this chapter— (1) "agency of the United States" means any executive department as defined in section 101 of title 5, United States Code, a military department as defined in section 102 of title 5, United States Code, the Nuclear Regulatory Commission, the Board of Governors of the Federal Reserve System, the China Trade Act registrar appointed under 53 • Stat. 1432 (15 U.S.C. sec. 143), the Commodity • Futures Trading Commission, the Federal Commu- nications Commission, the Federal Deposit Insur- ance Corporation, the Federal Maritime Commis- sion, the Federal Power Commission, the Federal • -- Trade Commission, the Surface Transportation .1 -Board, the National Labor Relations Board, the ' National Transportation Safety Board, the Railroad Retirement ard, an arbitration board established under 48 Sta 1193 (45 U.S.C. sec. 1571 the Securi- ties i and Exc ange Commission, or a board estab- lished under 49 Stet 31 (15 U.S.C. sec. 715d); . (2) "other information" includes any book, paper, document, record, recording, or other material; (3) "proceeding before an agency of the United States" means any proceeding before such an agen- cy with respect to which it is authorized to issue subpenas and to take testimony or receive other • information from witnesses under oath; and (4) "court of the United States" means any of the - following courts: the Supreme Court of the United States, a United States court of appeals, a United States district court established under chapter 5, title 28, United States Code, a United States bank- HISTORICAL AND STATUTORY NOTES 1910 Amendment Publ.. 91-152, Title II, 6 201(a), Oct. 15. 1970, 84 Stat. 926, added Part V and items 6001 to 6005. CHAPTER 601-IMMUNITY OF WITNESSES Definitions. Immunity generally. Court and grand jury proceedings. Certain administrative proceedings. Congressional proceedings. ruptcy court established under chapter 6, title 28, United States Code, the District of Columbia Court of Appeals, the Superior Court of the District of Columbia, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, the Tax Court of the United States, the Court of International Trade, and the Court of Appeals for the Armed Forces. (Added Publ. 91-452, Title II, § 201(a), Oct. 15, 1970, 84 Stat. 926, and amended Pub.L. 95-405, 6 25, Sept. 30, 1978, 92 Stat. 877; Pub.L. 95-598, Title III, § 314(l ), Nov. 6, 1978, 92 Stat. 2678; Pub.L. 96-417, Title VI, € 601(1), Oct. 10, 1980, 94 Stat. 1744; Pub.L. 97-164, 7Stle I, I 164(1), Apr. 2, 1982, 96 Stat. 50; Pub.L. 102-550, Title XV, § 1543, Oct. 28, 1992, 106 Stat. 4069; Pub.L. 102—572, Title IX, § 902(bRI), Oct. 29, 1992, 106 Stat. 4519; Pub.L. 103-272, § 4(d), July 5, 1994, 108 Stat. 1361; Pub.L. 103-322 Title XXXIII, § 330013(2). (3), Sept 13, 1994, 108 Stat. 2146; Pub.L. 103-337, Div. A, Title IX, I 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832; Publ.. 10448, Title III, § 303(2), Dec. 29, 1995, 109 Stat 913.) HISTORICAL AND STATUTORY NOTES Effective and Applicability Provisions 1995 Acta Amend y Pub.L. 104-88 effective Jan. 1. i t 1996, see section 2 of . 104-88, set out as a note under section 701 of Title 49, portation. 1992 Acts. Except as otherwise provided, amendment by Pub.L. 107450 effective Oct. 28, 1992, see section 2 of Pub.L. 102450, set out as a note under section 6301 of Title 42, The Public Health and Welfare. 1982 Acts. Amendment by Pub.L. 97-164 effective Oct 1, 1982, see section 402 of Pub.L. 97-164, set out as an Effec- the Date of 1982 Amendment note under section 171 of Title 28, Judiciary and Judicial Procedure. 1980 Acts. Amendment by Pub.L. 96-417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub.L. 96-417, set out as an Effective Date of 1980 Amend- ment note under section 251 of Title 28, Judiciary and Judicial Procedure. 1978 Acts. Amendment by Pub.L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub.L. 95-498, set out as an Effective Dates note preceding section 101 of Title 11, Bank- ruptcy. Amendment by Pub.L. 95-405 effective Oct. 1, 1978, see section 28 of Pub.L. 95-405, set out as an Effective Date of 1978 Amendment note under section 2 of Title 7, Agriculture. Compton, Annotation Materials, an 7111a is, U.S.C.A. 1209 EFTA00226421

18 § 6001 IMMUNITY OF WITNESSES Part 5 1970 Acts. Section 2 of Pub.L. 91-452 provided that: 6) "The provisions o part of title 18, United States Code, 1b added by title II o this t [this part], and the amendments and repeals made y title II of this Act [sections 835, 895, 1406, 1954, 2424, 2514 and 3486 of this title, sections 15, 87(0. 135e, 499m(1). and 2135 of Title 7, Agriculture, section 25 of former Title II, Bankruptcy, sectio 1820 of Title 12, Banks it and Banking, sections 32, 33, 49, 77 78u(d), 79r(e), 80a-4t, 80b-9, 155, 717m. 1271, and 1714 of Ile 15, Commerce and Trade, section 825f of Title 16. Conservation, section 1333 of Title 19, Customs Duties, section 373 of Title 21, Food and Drugs, sections 4874 and 7493 of Title 26, Internal Revenue Code, section 161(3) of Title 29, Labor, section 506 of Tide 33, Nsfigation and Navigable Waters, sections 405(0 and 2201 Title 42, The Public Health and Welfare, sections 157 and of Title 45, Railroads, sections 827 and 1124 of Title 46, Shipping, section 409(1 ) of Title 47, Telegraphs, Tele- phones, and Radiotelegraphs, sections 9, 43, 46, 47, 48, 916, and 1017 of former Title 49, Transportation, and section 1484 of Title 49, Appendix, section 792 of Title 50, War and National Defense, and sections 643a, 1152, 2026, and 2155(b) of Title 50, Appendix), shall take effect on the sixtieth day following the date of the enactment of this Act (Oct. 15, 1970). No amendment to or repeal of any provision of law under tide II of this Act shall affect any immunity to which any individual is entitled under such provision by reason of any testimony or other information given before such day." Change of Name References to United States Claims Court deemed to refer to United States Court of Federal Claims and references to Claims Court deemed to refer to Court of Federal Claims, see section 902(b) of Pub.L. 102-572, set out as a note under section 171 of Title 28. Judiciary. and Judicial Procedure. Savings Provisions Amendment by section 314 of Pub.L. 95-598 not to affect the application of chapter 9 [6 151 et seq.], chapter 96 [6 1961 et seq.] or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub.L. 95-598, set out preceding section 101 of Title II, Bankruptcy. Amendment or Repeal of Inconsistent Provisions Section 259 of Pub.L. 91.452 provided that "In addition to the provisions of law specifically amended or specifically repealed by this title [see Effective Date note set out under this section), any other provision of law inconsistent with the provisions of part V of title 18, United States Code (added by title H of this Act) [this part), is to that extent amended or repealed." Abolition of the Atomic Energy Commission The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Ener- gy Research and Development Administration (unless other- wise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42. Termination of Civil Aeronautics Board and Transfer of Certain Functions All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by former section 1551 of Title 49, Transportation, effective in part on Dec. 31, 1981, In part on Jan. I. 1983, and in part on Jan. 1, 1985. Termination of Federal Power Commission The Federal Power Commission, referred to in par. (1) was terminated and the functions, personnel, property, funds, etc.. thereof were transferred to the Secretary of Energy r certain functions which were transferred to the Energy Regulatory Commission) by sections 171(a), 7172(a). 7291, and 7293 of Title 42, The Public Health and Welfare. Subversive Activities Control Board The Subversive Activities Control Board was established by Act Sept. 23, 1950, c. 1024, § 12, 64 Stat. 997, and ceased to operate June 30, 1973. § 6002. Immunity generally Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or pro- vide other information in a proceeding before or ancil- lary to— (1) a court or grand jury of the United States, (2) an agency of the United States, or (3) either House of Congress, a joint committee of the two Houses, or a committee or a subcommit- tee of either House, and the person presiding over the proceeding commu- nicates to the witness an order issued under this title, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled un- der the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false state- ment, or otherwise failing to comply with the order. (Added Pub.L. 91-452, Title iI, § 20I(a), Oct. 16, 1970, 84 Stat. 927, and amended Pub.L. 103-322, Title DOCIII, 330013(4), Sept- 13. 1994, 108 Stat. 2146.) § 6003. Court and grand jury proceedings (a) in the case of any individual who has been or may be called to testify or provide other inforthation at any proceeding before or ancillary to a court of the United States or a grand jury of the United States, the United States district court for the judicial district in which the proceeding is or may be held shall issue, in accordance with subsection (b) of this section, upon the request of the United States attorney for such district, an order requiring such individual to give testimony or provide other information which he re- fuses to give or provide on the basis of his privilege against self-incrimination, such order to become effec- tive as provided in section 6002 of this title. Compiete Annotation Materials, sae Title ta, US.CA. 1210 EFTA00226422

Ch. 601 IMMUNITY OF WITNESSES 18 § 6005 (h) A United States attorney may, with the approv- al of the. Attorney General, the Deputy Attorney General, the Associate Attorney General, or any des- ignated Assistant. Attorney General or Deputy Assis- tant Attorney General, request an order under subsec- tion (a) of this section when in his judgment— (I) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. (Added Pub.L. 91-452, Title II, § 201(a), Oct. 15 1970, 84 Stat 927, and amended Pub.L. 100-690, Title VII, § 7020(e), Nov. 18, 1988, 102 Stat. 4396; Pub.L. 103-322, Title XXXIII, § 330013(4), Sept 13, 1994, 108 Stat. 2146.) § 6004. Certain administrative proceedings (a) in the case of any individual who has been or who may be called to testify or provide other informa- tion at any proceeding before an agency of the United States, the agency may, with the approval of the Attorney General, issue, in accordance with subsection (b) of this section, an order requiring the individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effec- tive as provided in section 6002 of this title. (b) An agency of the United States may issue an order under subsection (a) of this section only if in its judgment— (1) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. (Added Pub.L. 91-452, Title 11, § 201(a), Oct. 15, 1970, 84 Stat. 927, and amended Pub.L. 103-322, Title Mill, 330013(4), Sept. 13, 1994, 108 Stat. 2146.) § 6005. Congressional proceedings (a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to either House of Congress, or any committee, or any subcommittee of either House, or any joint committee of the two Houses, a United States district court shall issue. in accordance with subsection (b) of this section, upon the request of a duly authorized representative of the House of Congress or the committee concerned, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self- incrimination, such order to become effective as pro- vided in section 6002 of this title. (b) Before issuing an order under subsection (a) of this section, a United States district court shall find that— (1) in the case of a proceeding before or ancillary to either House of Congress, the request for such an order has been approved by an affirmative vote of a majority of the Members present of that House; (2) in the case of a proceeding before or ancillary to a committee or a subcommittee of either House of Congress or a joint committee of both Houses, the request for such an order has been approved by an affirmative vote of two-thirds of the members of the full committee; and (3) ten days or more prior to the day on which the request for such an order was made, the Attor- ney General was served with notice of an intention to request the order. (c) Upon application of the Attorney General, the United States district court shall defer the issuance of any order under subsection (a) of this section for such period, not longer than twenty days from the date of the request for such order, as the Attorney General may specify. (Added Pub.L. 91-452, Title 1I, § 201(a), Oct 15, 1970, 84 Stat. 928, and amended Pub.L. 103-322, Title )(MULL 330013(4), Sept 13, 1994, 108 Stat 2146; Pub.L. 104-292, 5, Oct ii, 1996, 110 Stat 3460; Pub.L. 104-294, Title Vi, § 605(o), Oct. 11, 1996, 110 Stat. 3510.) Complete Annotation Materials, see Title 18, U.S.CA. 1211 EFTA00226423

Memorandum Subject Changes to Child Exploitation Statutes in Title 18 September 26, 2006 To R. Alexander Acosta Thomas Mulvihill Jeffrey Sloman Kenneth Now Robert Waters Andrew Lourie Roger Stefin Karen Atkinson Rolando Garcia Bruce Brown Richard Boscovich Barbara Martinez From cc: Anne Schultz AUSA On July 27, 2006, Congress enacted the Adam Walsh Child Protection and Safety Act of 2006. President Bush signed the Act into law on the same day. The Act made some dramatic changes to a number of sections in Title 18 - both sections that traditionally fall within "child exploitation" laws and other seemingly unrelated sections. The Act also created a series of new crimes that are expected to have a large impact on the District. This memo is meant to update you on the most pressing issue which is the changes that impact child exploitation crimes committed after July 27, 2006'. A. Changes to Mandatory Minimum and Maximum Sentences. 1. 18 U.S.C. § 1001 - False Statements The statutory maximum of 5 years' imprisonment has been increased to 8 years if "the matter relates tom offense under chapter 109A [§§ 2241-2248],109B [new § 2250], 110 [§§2251- 2260], or 117 [§§ 2421-2427], or Section 1591 [sex trafficking of children]". The Act immediately became effective, but the changes do not appear in the pocket pan for West's Federal Criminal Code and Rules. Because that book is most frequently referred to by AUSAs, many prosecutors may be unaware of the changes. Exhibit 16 EFTA00226424

2. 18 U.S.C. § 1591 - Sex Trafficking of Children There arc new statutory minimums and maximums for all of the categories of violations of Section 1591: (a) if the offense was effected by force, fraud, or coercion, or if the minor was under the age of 14, the minimum sentence is 15 years, up to a maximum of life; (b) if force, fraud, and coercion were not used and the minor was between 14 and 17, the minimum sentence is 10 years. up to a maximum of lift. 3. 18 U.S.C. § 2241 - Aggravated Sexual Abuse Whoever crosses a state line with the intent to engage in a sexual act with a child under 12, or whoever, in the special maritime or territorial jurisdiction of the United States or in a federal prison, engages in a sexual act with a child between the ages of 12 and 15 by force, threat of force, rendering the victim unconscious, or by administering a drug or intoxicant to the victim, shall be imprisoned not less than 30 years, up to a maximum of life. 18 U.S.C. § 2241(c). 4. 18 U.S.C. § 2242 - Sexual Abuse Whoever, in the special maritime and territorial jurisdiction of the United States or in a federal prison, engages in a sexual act with an adult by force, threat of force, or with a person mentally incapable of appraising the nature of the situation or a person physically incapable of refusing to participate, faces a maximum term of life imprisonment. 5. 18 U.S.C. § 2243 - Sexual Abuse of a Minor or Ward Whoever, in the special jurisdiction of the United States, engages in a sexual act with a person between 12 and 15 or with a prisoner, faces up to IS years' imprisonment. 6. 18 U.S.C. § 2244 - Abusive Sexual Contact If a person engages in "sexual contact" in the special jurisdiction of the United States, he or she faces the following sentences: (a) with a child under 12 or with a child between 12 and 15 by force, threats, or by incapacitating the victim, up to life imprisonment; (b) with an adult by force, threats, or with a person incapable of consenting, up to 3 years' imprisonment; (c) with a child between 12 and 15 or with a prisoner, up to 2 years' imprisonment. 2 EFTA00226425

7. 18 U.S.C. § 2245 - Offenses Resulting in Death The death penalty now applies to a person who commits murder in the course of an offense under Chapter I 09A, or section 1591, 2251, 225IA, 2260, 2421, 2422, 2423, or 2425. 8. 18 U.S.C. § 2251 - Sexual Exploitation of Children Section 2251 addresses the sexual exploitation of children for the production of child pornography (subsection (a)); allowing one's child or ward to engage in sexual conduct for the production of child pornography (subsection (b)); sexually exploiting a child outside the United States to create child pornography for importation into the United States (subsection (c)); and posting or publishing an advertisement or notice offering to receive, exchange, buy, produce, create, or distribute child pornography (subsection (d)). The statutory sentencing limits have remained the same (15 to 30 years for a first offense, 25 to 50 years for a second offense, and 35 to life for a third offense), but Congress now imposes a range of 30 years to life or death if the offense results in the death of a person. 9. 18 U.S.C. § 2252 - Activities Relating to Material Involving the Sexual Exploitation of Minors Violations of 2252(aX1), 2252(aX2) and 2252(aX3), which cover transporting, distributing, receiving, selling, or possessing with intent to sell, still carry statutory imprisonment ranges of 5 to 20 years for the first offense, and 15 to 40 years for a second offense. Violations of 2252(aX4), which addresses possession of child pornography keeps the statutory range of0 to 10 years for a first offense and 10 to 20 years for a second offense. The penalty provisions of 2252(b)( I ) and 2252(bX2) have been amended to expand the definitions of "prior conviction" to include sex trafficking of children. 10. 18 U.S.C. § 2252A - Activities Relating to Child Pornography The statutory sentencing ranges have not changed, but this section also was amended to include sex trafficking of children as a "prior conviction." 11. 18 U.S.C. § 2252B - Misleading Domain Names on the Internet The statutory maximum sentence for a violation of §2252B(b) - the knowing use of a misleading domain name with the intent to deceive a minor into viewing harmful material - has been increased to 10 years. 12. 18 U.S.C. § 2258 - Failure to Report Child Abuse The failure of a professional who works on federal land or a federally-operated facility to report child abuse now faces a maximum of I year in prison. 3 EFTA00226426

13. 18 U.S.C. § 2260 - Production of Child Pornography for Importation into the United States Violations of Section 2260(a) - use of a minor outside the United States to create child pornography meant to be imported into the United States - will now be punished under the sentencing scheme in 18 U.S.C. § 2251(e) - 15 to 30 for the first offense. 25 to 50 for the second. and 35 to life for the third, and death or 30 to life if the offense results in the death of a person. Violations of2260(b)- receiving, distributing, transporting, selling or possessing with intent to distribute child pornography meant for importation into the United States - is punished under the sentencing scheme in 18 U.S.C. § 2252(b)(I) - 5 to 20 for the first offense and 15 to 40 for a second offense. 14. 18 U.S.C. § 2422 - Coercion and Enticement The statutory sentence limits for using the mail or any facility of interstate or foreign commerce to persuade a minor to engage in prostitution or other sexual activity, in violation of 18 U.S.C. § 2422(b). have increased to 10 years to life. 15. 18 U.S.C. § 2423 - Transportation of Minors The mandatory minimum and maximum sentences for violations of 2423(a) - transportation of a minor with the intent that the minor engage in prostitution or other criminal sexual activity-also has been raised to 10 years to life. B. Changes to Sentencing Enhancements and Classification. 1. 18 U.S.C. § 2260A - New Enhancement for Registered Sex Offenders The Act created a new section, 2260A, which creates a ten-year consecutive sentence for a violation "involving a minor" under 18 U.S.C. §§ 1201, 1466A, 1470, 1591, 2241, 2242, 2243, 2244, 2245, 2251, 2251 A, 2260, 2421, 2422, 2423, and 2425, if the crime was committed while the defendant was required to register as a sex offender. Although not explicitly stated in the Amendment, this enhancement probably applies only to crimes of conviction involving a real minor (as opposed to an undercover officer) and, as a best practice, the AUSA should file a Sentencing Notice similar to a 21 U.S.C. § 851 Notice. 2. 18 U.S.C. § 3559 - Sentencing Classification of Offenses Section 3559(d) was added in 2004 mandating death or life imprisonment for the commission of a violent felony or a violation of Section 2422, 2423, or 2251, if the victim was less than 14 years old, the victim died, and the defendant acted with the intent, to kill or seriously injure the victim or in reckless disregard for human life. 4 EFTA00226427

3559(e) also was added in 2004 to impose mandatory life imprisonment if the defendant has a prior sex conviction with a real minor victim and the crime of conviction is a sex offense with a real minor victim. The Adam Walsh Act added 18 U.S.C. § 1591 (sex trafficking of children) to the definition of "sex offense." The Adam Walsh Act also added 3559(f) which creates mandatory minimum sentences for violent crimes against children under 18. These mandatory minimums override the maximums and minimums in the statute creating the offense unless the sentence there is greater. If the offense is the murder of a minor, the defendant must be sentenced between 30 years and life, unless death is imposed. 18 U.S.C. § 3559(f)(I ). If the offense is kidnapping or maiming, the defendant must be sentenced between 25 years and life. 18 U.S.C. § 3559(0(2). And if the crime of violence results in serious bodily injury, or if a dangerous weapon was used during and in the relation to the offense, the defendant must be sentenced between 10 years and life. 18 U.S.C. § 3559(0(3). 3. 18 U.S.C. § 3563 - Conditions of Probation The Act changed one mandatory condition of probation and added a discretionary condition. Section 3563(aX8) now mandates that, for any person required to register under the Sex Offender Registration and Notification Act, the Court must impose the condition that the person comply with the requirements of that Act. Section 3563(bX23) creates a new discretionary condition to allow probation officers and law enforcement officers to search the person, residence, vehicle, and computer of any registered sex offender at any time upon reasonable suspicion of a violation of probation or other unlawful conduct. 4. 18 U.S.C. § 3583 - Supervised Release The Act made four significant changes to supervised release. First, the sexual offense defendant's compliance with the Sex Offender Registration and Notification Act is a mandatory condition. § 3583(d). Second, the Court can order, as a discretionary condition of supervised release, that the sexual offense defendant submit to a search at any time based upon a reasonable suspicion of a violation of supervised release or other criminal activity. § 3583(d)(3). Third, in 2003, Section 3583(k) was amended to provide a maximum of lifetime supervised release for certain child exploitation offense. The Adam Walsh Act expands the crimes for which lifetime supervised release applies and also imposes a mandatory minimum of five years' supervised release for these offenses of conviction: 18 U.S.C. §§ 1591, 2241, 2242, 2243, 2244, 2245, 2250, 2251, 2251 A, 2252, 2252A, 2260, 2421, 2422, 2423, and 2425. Fourth, if a sex offender violates his supervised release by committing one of a list of offenses, the Court must revoke the term of supervised release and impose a term of at least 5 years' imprisonment. §3583(k). INB: BECAUSE SECTIONS 3563 AND 3583 NOW MAKE SEX OFFENDER REGISTRATION A MANDATORY SENTENCING TERM, AS A BEST PRACTICE PLEA AGREEMENTS AND THE PLEA COLLOQUY SHOULD INFORM DEFENDANTS THAT THIS WILL BE PART OF THEIR SENTENCE.] 5 EFTA00226428

5. 18 U.S.C. § 3592 - Mitigating and Aggravating Factors in Determining Whether to Impose a Sentence of Death Section 3592 (c)(1) has been amended to included a violation of 18 U.S.C. § 2245 as an aggravating factor for a homicide case. C. Creation or Expansion of Federal Offenses 1. 18 U.S.C. § 1201 - Kidnapping The Adam Walsh Act filled a jurisdictional gap in Section 1201. Now there is federal jurisdiction over a kidnapping offense if the victim was transported in interstate or foreign commerce, whether or not the victim was alive when the transportation began, or if the perpetrator travels in interstate or foreign commerce, during or in furtherance of the offense, or if the perpetrator uses the mail or any means, facility, or instrumentality of interstate of foreign commerce during or in furtherance of the offense. 2. 18 U.S.C. § 1465 - Production and Distribution of Obscene Materials Section 1465 has been expanded to prohibit producing obscene materials "with the intent to transport, distribute, or transmit in interstate or foreign commerce." 3. 18 U.S.C. § 2250 - Failure to Register as a Sex Offender The enactment of Section 2250 now makes it a federal criminal offense for certain sex offenders to fail to register or to update their sex offender registrations. To avoid jurisdictional problems, Section 2250 only applies to sex offenders who either: (a) is a sex offender due to a conviction under federal law, the Uniform Code of Military Justice, the law of the District of Columbia, Indian tribal law, or the law of a U.S. territory or possession, or (b) is a sex offender due to a conviction under state, local, or foreign' law and travels in interstate or foreign commerce, or enters, leaves, or resides in Indian Country. The punishment for violating Section 2250 is up to 10 years' imprisonment, but if the offender is found to have committed a crime of violence. then he must serve a consecutive term of 5 to 30 years' imprisonment. rA foreign conviction cannot be the basis if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused. 6 EFTA00226429

4. 18 U.S.C. § 2252C - Misleading Words or Images on the Internet This new offense is an analog to § 2252B, which prohibits the use of misleading domain names to induce someone to view obscene material. Section 2252C expands the prohibition to "embedding" words or digital images into the source code of a website." If those words or images deceive an adult into viewing obscene material, the penalty is up to 10 years' imprisonment. If the words or images arc meant to deceive a minor into viewing material harmful to minors, the penalty is up to 20 years' imprisonment. 5. 18 U.S.C. § 2257 and 2257A - Record Keeping Requirements for Producers of Pornography Section 2257 was enacted several years ago to require the producers of adult pornography to keep records of the names, ages, and other information related to the persons appearing in the pornography. The Adam Walsh Act amended Section 2257 to make clear that the record-keeping requirements also apply to internet-based pornography websites and digital images that are never printed on "film" or "videotape." The Act also criminalized a producer's refusal to allow an inspection of these records by the Attorney General or his designee. § 22570)(5). The Act also created Section 2257A, which extends these record keeping requirements to producers of "simulated sexually explicit conduct." § 2257A(a)( I ). IX Changes to Court Procedures 1. 18 U.S.C. § 2255 - Civil Remedy for Personal Injuries Section 2255 has been expanded to allow a person who, while a minor, was a victim of various child exploitation offenses, to pursue a civil action for personal injury damages - regardless of when the personal injury occurred. It also raises the presumptive damage amount to 5150,000. 2. 18 U.S.C. § 3142 - Release or Detention Pending Trial Section 3142 has been amended several times in recent years to create a presumption of detention in child exploitation cases. The Adam Walsh Act makes three changes to Section 3142. First, if a defendant charged with a child exploitation offense or a failure to register as a sex offender is released on bond, the release order must contain: (I) a condition of electronic monitoring, (2) restrictions on personal associations, residence, and travel, (3) restraints from contact with victims and witnesses, (4) reporting requirements, (5) a curfew and (6) prohibitions on possessing a firearm, destructive device, or other dangerous weapon. § 3142(c). Second, an AUSA can make a motion for detention based upon risk of flight and danger to the community in any case involving a crime of violence (which includes crimes in Chapters I 09A, 110, and 117), an offense with a maximum sentence of life imprisonment or death and "any felony 7 EFTA00226430

that is not otherwise a crime of violence that involves a minor victim or that involves the possession or use of a firearm or destructive device, or involves a failure to register" as a sex offender. § 3142(1). Third, the factors that the Court is supposed to consider in making its decision on detention now include whether the offense involved a minor victim or a firearm, explosive, or destructive device. § 3142(g)(1). 3. 18 U.S.C. § 3299 - Limitations Period The Act rescinded the statute of limitations for any offense under Section 1201 (kidnapping) involving a minor victim, and for my felony under chapters I 09A, 110 (except Sections 2257 and 2257A), and 117, and under Section 1591. 4. 18 U.S.C. § 3509 - Child Victims' and Child Witnesses' Rights The Adam Walsh Act provides a specific instruction regarding the handling and disclosure of child pornography. The child pornography must remain in the care, custody, and control of the Government or the Court. § 3509 (m)(1). Notwithstanding Rule 16 of the Federal Rules of Criminal Procedure, a Court shall deny any request by the defense to copy or duplicate any child pornography, so long as the Government makes the material reasonably available to the defense, including defense experts. § 3509(m)(2). 5. 18 U.S.C. § 4042 - Duties of Bureau of Prisons BOP is mandated to provide notice to prisoners about to be released of their obligations to register as Sex Offenders, and to notify state and local law enforcement of the pending release of a sex offender. 8 EFTA00226431

1 1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION 3 4 5 6 7 8 IN RE: OPERATION LEAP YEAR 9 10 11 12 / Grand Jury #07-103 (WPB) West Palm Beach, Florida 13 Tuesday, February 6, 2007 14 15 TESTIMONY 16 OF 17 18 19 20 21 APPEARANCE: 22 23 24 25 OFFICIAL REPORTING SERVICE (954) 467-8204 Exhibit 17 EFTA00226432

2 1 PROCEEDINGS 2 - - - 3 The sworn testimony of as taken 4 before the Federal Grand Jury, west Palm Beach Division, 5 701 clematis Street, west Palm Beach, Palm Beach county, 6 state of Florida, on the 6th day of February, 2007. 7 NANCY SIEGEL, Registered Merit Reporter and Notary 8 Public was authorized to and did report the sworn 9 testimony. 10 Thereupon, 11 12 a witness of lawful age, having been first duly sworn by 13 the foreperson, testified on her oath as follows: 14 BY MS. 15 Q please state and 16 spell your name for the record. 17 A It is and I work for 18 the FBI in Palm Beach county. 19 Q Can you spell your last name, please. 20 A I'm sorry, it is 21 Q And I know we have some people in the back 22 having trouble hearing you. You said that you work for 23 the FBI. Can you tell the Grand Jury what particular 24 group you are employed with? 25 A I am with the violent Crimes Squad here in OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226433

3 1 Palm Beach county, I work primarily crimes against 2 children, but have been an agent for the last 3 approximately 10 years. 4 Q Have you received specialized training in the area of crimes against children? 6 A Yes, I have. 7 Q As part of your employment with the FBI have 8 you been involved in an investigation of Jeffrey 9 Epstein? 10 A Yes, I have. 11 Q And can you tell us who Jeffrey Epstein is? 12 A Jeffrey Epstein is an investment advisor who 13 has a part-time residence in the town of Palm Beach, he 14 has got multiple residences across the country to 15 include a ranch in New mexico, an island in the virgin 16 isles, and multiple aircrafts, two airplanes and a 17 helicopter to be exact, and -- 18 Q And where is his primary residence? 19 A His primary residence, he has an office in New 20 York, but his primary residence I believe is the island. 21 Q In the virgin islands? 22 A Yes. 23 Q He also has a home in New York, correct? 24 A Yes. 25 Q How is it that you started investigating OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226434

4 1 Mr. Epstein? 2 A The Palm Beach police Department in March of 3 2005 initiated an investigation on Mr. Epstein involving 4 multiple underage females that had visited Mr. Epstein's 5 residence and had performed sexual massages or massages 6 for Mr. Epstein of a sexual nature. 7 Mr. Epstein paid the underage females anywhere 8 from 200 to $400, that investigation was around an 8 to 9 10-month investigation, and at that point we became 10 involved in about July of 2006. 11 Q And once the case was presented to you by the 12 Palm Beach Police Department did the FBI open its own 13 investigation? 14 A Yes, yes, we initiated our investigation in 15 July of 2006, we took a look at focusing in on the 16 underage minors and in our investigation we interviewed 17 many of the girls that were underage and we did an 18 independent investigation issuing Grand Jury subpoenas 19 as well as administrative subpoenas getting different 20 documents of financial records, telephone analysis, 21 flight manifests, looking to see if Mr. Epstein engaged 22 in sexual activity with these females. 23 Q All right. And just so the Grand Jury is 24 clear, were some of the girls who went to Mr. Epstein's 25 house 18 or older? OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226435

5 1 A Yes. 2 Q And then there were some that were under the 3 age of 18, correct? 4 A Yes. 5 Q And as part of the federal investigation did 6 you have to investigate what we call the interstate 7 nexus aspect of the case? 8 A Yes. 9 Q And can you explain to the Grand Jury what 10 that is? 11 A we looked at -- Mr. Epstein, as I mentioned 12 earlier, has two aircrafts, and we focused in on the 13 year 2004, 2005, he took approximately 60 trips to his 14 residence in Palm Beach, the majority of that time 15 focusing in on his assistant's cell phone, which his 16 assistant's name is MS we took a look at her 17 cell phone records and the majority of the times that 18 Mr. Epstein would fly into Palm Beach Mrs. ms. Kellen 19 would contact many of our underage victims either prior 20 to coming into Palm Beach, the day of, the day before, 21 even the day after, and certainly throughout the time 22 that Mr. Epstein was at his residence in Palm Beach. 23 Q And from the interviews of the girls that have 24 been conducted, what was the subject of those telephone 25 calls? OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226436

6 1 A can you restate the question? 2 Q Sure. From the interviews of the girls that 3 have been conducted, what was the subject matter of the 4 telephone calls Irom S A would schedule the underage girls 6 to come and work, perform the massages for Mr. Epstein, 7 so she was responsible, she as well as another 8 assistant, , they were his personal 9 assistants who would set up appointments for Mr. Epstein 10 for the girls to come and perform their sexual massages. 11 Q All right. Is lso considered a 12 target of this investigation? 13 A Yes, she is. 14 Q And I will just I will spell 15 or the Grand Jury. The irst name is 16 nd the last name is spelled 17 , and does IIIIIIIIIIIIIhave a new last 18 name? 19 A Yes, she does, she is married and her name is 20 21 Q Fa at least a subject of 22 this investigation, in other words, you are 23 investigating her activity? 24 A we are looking at that. 25 Q In addition to those two assistants, from the OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226437

7 1 interviews of the girls, is there anyone else who is 2 associated with Mr. Epstein who is thought to be 3 involved in this activity? 4 A 5 companion, girl Iriend, personal assistant, she through 6 the testimony of the girls has engaged in sexual 7 activity with 8 Q And So Ms. 9 Marcinkova is also at least a subject of the 10 investigation, correct? 11 A Yes, she is. 12 Q Now, as part of this investigation you 13 mentioned that subpoenas were issued on behalf of either 14 the old Grand Jury or this Grand Jury. 15 Can you run through what subpoenas have been 16 issued and what documents have been received in response 17 to that? 18 A Sure. We issued a Grand Jury subpoena to 19 colonial Bank and we received financial records on 20 credit card accounts and individuals. 21 we subpoenaed washington Mutual and they did a 22 search and were unable to locate records at this time. 23 we issued a Grand Jury subpoena for Capital One and 24 served that and that is still unresolved at this time as 25 far as them providing documents to us. has been referred at least three of the underage to as his minors. OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226438

8 1 we have subpoenaed chase credit card and we 2 have received documents from chase. we have subpoenaed 3 two businesses that Mr. Epstein has at least partial 4 ownership or associated to, Hyperion Air, Inc. and JEGE, 5 Inc., they were issued subpoenas and they have provided 6 documentation to us. 7 we have subpoenaed Mr. David Rogers, who is a 8 pilot of Mr. Epstein's, and we have received 9 documentation from mr. Rogers. we have subpoenaed DTG 10 Operations, who is doing business as Dollar Rent-A-Car, 11 and we have received car rental agreements and financial 12 records from that business. 13 we have subpoenaed Royal Palm Beach High 14 school and have received documentation regarding the 15 students' records. We have subpoenaed three or four of 16 the victims, being the first, and we have 17 received a bathing suit from 18 we issued a Grand Jury subpoena to 19 Miller, we actually have issued three subpoenas, 20 and we are still working on resolving her Grand Jury 21 material as well as testimony. 22 we have issued a subpoena, we 23 have issued -- she also is one of our underage victims. 24 we've issued Reimer Employment Agency a Grand Jury 25 subpoena and we have received documentation, that is an OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226439

9 1 2 3 4 received that. By the way, that is the only thing that 5 I did not bring with me today, I brought everything 6 else, but it is rather a lot of evidence, so we will 7 8 9 10 11 12 13 14 15 16 17 18 Touch Flowers located here 19 have received documentation 20 Grand Jury subpoena to Bill Hammond, another pilot for 21 Mr. Epstein, we have spoken with him. 22 we have issued a Grand Jury 23 Visoski , another one of Mr. Epstein's 24 have received documentation 25 employment agency located on the island of Palm Beach. we have subpoenaed the Palm Beach Police Department for their evidence in this case and we have probably be bringing that to you another time. we have issued the Clerk of Courts of the State of Florida for Grand Jury transcripts in the state matter and we have received those. we have issued the Good Samaritan Hospital lor billing records and we have received those. we have issued a Grand Jury subpoena to the Dalton school located in New York and at this time they do not have the records we have requested or could not locate those. We have issued a Grand Jury subpoena to Extra in west Palm Beach and we from them. We issued a subpoena to Larry pilots, and we as well as spoken to him. We have issued a Grand Jury subpoena to Janusz OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226440

10 1 Banasiak, who is the property manager currently for 2 Mr. Epstein at his Palm Beach residence, and we have 3 received documentation as well as spoken to him, and we 4 have issued a Grand Jury subpoena to Adriana mucinska 5 and have received some documentation and are still 6 awaiting a response. 7 Q Now, you mentioned that you didn't bring with 8 you the evidence that you received from the Palm Beach 9 Police Department, but did you bring with you all of the 10 other evidence that was received in response to the 11 subpoenas? 12 A I have. 13 Q And is that evidence in the two boxes that are 14 here in the front? 15 A Yes. 16 Q we will bring all of this back to you when we 17 present the indictment, but would anyone like to look at 18 any of the documentation today? 19 A GRAND JUROR: what does the documentation 20 constitute, basically, the subpoenas? 21 THE WITNESS: It is primarily business 22 records, flight manifests, stuff that came from him 23 traveling to and from Palm Beach, credit card 24 records, the businesses as far as the rental 25 agreement which involves some of the underage girls OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226441

11 1 with the rental cars, and flower shop, you know. 2 A GRAND JUROR: will we have an opportunity 3 later to go through these it we need to? 4 Yes, we will bring them when 5 we present the indictment. Yes, ma'am. 6 A GRAND JUROR: If I should hold this for 7 later let me know, she mentioned the hospital 8 records were subpoenaed, could more information 9 about why they were subpoenaed be provided at this 10 time? 11 BY al 12 Q You can answer that. 13 A One of the girls that was an underage that 14 was underage at the time that is involved with 15 Mr. Epstein has had a baby and we were interested and 16 wondering if possibly he was the father of that baby, 17 which at this time we do not believe he was. 18 A GRAND JUROR: Thank you. 19 : A question? 20 A GRAND JUROR: Did the flight manifest show 21 passengers on the plane? 22 THE WITNESS: Yes, they d0. 23 A GRAND JUROR: were any of the passengers the 24 underage girls that were a target of the 25 investigation? OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226442

12 1 THE WITNESS: At this time we have not 2 associated any of these underage girls as being the 3 passengers. The flight manifests, sometimes the 4 pilot if they did not know who the passenger was 5 would put one passenger or one female, one male, 6 these were private planes and they, you know, may 7 not have felt like they can go up and ask, but we 8 don't have any evidence at this time to believe 9 that they were any of our victims. 10 : Any follow-up? Any other 11 questions from the Grand Jury? Yes, ma'am. 12 A GRAND JUROR: The records that you 13 subpoenaed from the high school, what were they 14 used for or why were they instrumental in the 15 investigation? 16 THE WITNESS: Those are the girls' school 17 records and we are just looking at the girls' 18 records. 19 A GRAND JUROR: Absenteeism? 20 THE WITNESS: Just looking at some of their 21 grades and performances and how they did in school. 22 Ladies and gentlemen, before 23 we continue, the witness has mentioned a few names 24 of the minors and that is confidential information, 25 obviously everything that you hear within these OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226443

13 1 walls is confidential. 2 BY 3 Q Now, , after -- in 4 addition to issuing the subpoenas, you mentioned that 5 one of the subpoenas was to the Palm Beach Police 6 Department. Did you review any of the evidence that 7 they collected? 8 A Yes. 9 Q And can you, for example, did the Palm Beach 10 Police Department interview any girls? 11 A Yes, they did, they interviewed several of the 12 girls, most of the girls, they took taped statements 13 from the girls either in the form of a tape-recorder or 14 through video. 15 Q And you have reviewed some of those 16 interviews, correct? 17 A Yes, we have. 18 Q And has the FBI performed any interviews? 19 A Yes, we have, we have performed interviews of 20 past and current employees of Mr. Epstein as well as 21 focusing in on the girls, the girls that were underage 22 at the time of the sexual activity, we wanted to 23 determine with these girls, again, the sexual activity 24 that took place with Mr. Epstein as well as how old they 25 were at the time, if they traveled with mr. Epstein, any OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226444

14 1 gifts that they may have gotten, so we did reach out to 2 several of the underage minors and gathered more 3 information Irom them. 4 Q And through the FBI'S investigation has the 5 FBI identified additional victims that perhaps the state 6 police officers did not know about? 7 A Yes, we are still trying to identify, get 8 first names of girls and going back and looking through 9 school yearbooks and attempting to try to locate friends 10 of friends, so we are still in the process, when you 11 interview one of the girls and you ask if any of their 12 friends went, they sometimes will give you other names, 13 so we are in the process of still uncovering victims and 14 reaching out and interviewing additional girls that we 15 believe possibly were underage at the time of this 16 sexual activity. 17 Q If I could ask you to step outside. 18 (The witness was excused from the Grand Jury 19 room.) 20 (Questions posed by the Grand Jury.) 21 (The witness was recalled to testify before 22 the Grand Jury.) 23 BY 24 Q one of the Grand 25 Jurors asked whether there was any evidence of force or OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226445

15 1 coercion. 2 A when talking to the girls they were told that 3 they may have to -- they were going there to perform a 4 massage, possibly model lingerie, they went there 5 sometimes on multiple occasions and they may start of 6 wearing their clothing and then he would instruct them 7 to remove their clothing, the girls either performed 8 these massages in the nude or keeping their underwear 9 on. 10 As they went back again and again on some of 11 the occasions the girls would take off more and more of 12 their clothing, so when they first started they may be 13 fully clothed and then when they came back he would 14 instruct them to remove more of their clothing, so as 15 far as coercion, they were paid 8200 to $400 to perform 16 these massages. 17 They are not trained in performing massages, 18 they don't -- they are not masseuses, but yet iI you ask 19 if they were coerced, they were paid quite a bit of 20 money for 30 to 45 minutes work. 21 Some of the girls, being that they were minors 22 going to his residence, got in over their heads and did 23 not always return or come back, some of our victims did 24 not come back after, you know, they did go down to their 25 thong underwear and Mr. Epstein did perform sexual acts OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226446

16 1 either by -- and I didn't get into that, but either by 2 stroking their vagina on the outside of their panties or 3 sometimes inside their panties as well as fondling them, 4 and the girls, many of our victims did not realize that 5 that was what was going to happen. 6 Q And was there one instance where Mr. Epstein 7 actually engaged in vaginal intercourse with a girl 8 against her will? 9 A Yes, he did, one of our victims who had been 10 going there over a lengthy period of time had told 11 Mr. Epstein on several occasions that he was not to do 12 that and he did turn her around, threw her on the 13 massage table and penetrated her. 14 Q A Grand Juror asked how old Mr. Epstein is. 15 A He was 45 at the time that we are looking at 16 him at that time period. 17 Q A Grand Juror asked if you know the proportion 18 of girls who were underage versus 18 or older. 19 A The majority of the girls that we are looking 20 at are victims, well, all of our victims that we are 21 looking at were under the age of 18. 22 As far as all of the girls that have been 23 interviewed, the majority definitely were under 18. To 24 give you a number, I would have to go and count, but I 25 would say in the state investigation there were over 25 OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226447

17 1 girls identified and more than a majority would have 2 been under the age of 18. 3 Q A Grand Juror asked whether we have obtained 4 Mr. Epstein's DNA and whether there was any DNA testing 5 of the baby that you spoke of earlier. 6 A No, we have not. 7 Q A Grand Juror asked how Mr. Epstein would make 8 contact with the girls, was this done via computer or in 9 some other method? 10 A I am sorry, his personal 11 assistant, would contact, or on some occasions 12 would also contact the girls via their cell 13 phone and we have message pads from the residents that 14 also indicate the girls calling the home in response to ilillill 15 some of those phone calls, so they would call, 16 would call, the majority of the calls were made 17 by to the girls arranging for these, you 18 know, can you come at this time, can you come at that 19 time. 20 Q And is the cellular telephone a facility of 21 interstate commerce? 22 A Yes, it is. 23 Q And then one of the Grand Jurors asked whether 24 the assistants knew that the girls were underage or 25 committed sex acts. OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226448

18 1 Did anybody, have you interviewed anybody who 2 affirmatively told you that they told Kellen their 3 age or what was going on behind closed doors? 4 A No, no, not at this time, not at this time. 5 Q And what leads you to believe that she, for 6 example, knew or should have known what was IIIIIIIIIIIII 7 going on? 8 A There are so many girls that Kellen 9 contacted to give Mr. Epstein massages that have no 10 training in massages, and that was aware IIIIIIIIIIII 11 that girls were bringing other girls, you know, their 12 friends to do these massages. 13 Kellen was also making appointments for 14 legitimate massages for Mr. Epstein Irom legitimate 15 masseuses that would come and give him massages, so the 16 number of girls, their appearances at the time would 17 lead us to believe that had knowledge that 18 these girls were underage. 19 Q All right. Thank you very much. Those were 20 all the questions from the Grand Jury. 21 A GRAND JUROR: Actually, I have two more, 22 but. 23 m5. VILLAFANA: Okay. 24 A GRAND JUROR: what was the actual age range 25 of these girls? OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226449

19 1 THE WITNESS: 14 to I mean. 2 A GRAND JUROR: The other one was, how did Ms. 3 Kellen actually originally get these girls, how 4 were they brought in, I mean how were they, you 5 know, because you said she called them when he was 6 arriving, but how did these girls come into this in 7 the first place? 8 A GRAND JUROR: could she speak louder? 9 we 10 just had a request that you speak louder. 11 A GRAND JUROR: 14 and what? 12 THE WITNESS: Our victims were 14 to 17, but 13 we have girls that are 18, we have girls that are 14 20, we have girls that are in their early 20s, and 15 your question was? 16 A GRAND JUROR: How did she originally get 17 them in in the first place? 18 THE WITNESS: we are focusing in on 2004, 19 2005, we have some evidence to show that this 20 activity was taking place even earlier than that, 21 certainly to include 2003 if you look at the 22 message pads, but focusing in on 2004, 2005, the 23 chain started with one of our minors and from that 24 minor who goes to the house, mr. Epstein tells 25 her -- sees that she is maybe not comfortable with OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226450

20 1 doing the massage the way he would like it and 2 tells her that she could bring other girls to do 3 the massages and she in fact if she brought another 4 girl she would be paid $200 for just bringing 5 another girl, so there starts the chain, and 6 Mr. Epstein would ask the girls or would ask 7 the girls or their phone numbers so each time, you 8 know, if one of the girls brought a girl and he 9 liked her he would ask for her phone number, ask 10 her to leave the phone number, or 11 would get the phone number and then that girl would 12 maybe bring, because if you brought somebody you 13 didn't have to do the massage, but you also got 14 paid for bringing a new person, so not only if you 15 did the massage would you get anywhere from 200 to 16 400, but if you brought a new female you would 17 receive 200 or $400. 18 A GRAND JUROR: Do you know how she solicited 19 that original minor? 20 THE WITNESS: I don't. well, I know that 21 minor was approached by two individuals and we have 22 interviewed one of those individuals who we can 23 connect back to Mr. Epstein four years, possibly, 24 prior to this, and stated that his job was actually 25 to drive some of the girls to the residence and OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226451

21 1 that's pretty much where we start off. 2 : would the Grand Jury like 3 Special Agent Kuyrkendall to maintain the records 4 that we received in response to the subpoenas? 5 A GRAND JUROR: maintain versus what? 6 A GRAND JUROR: What is our choice? 7 a I don't know that there is. 8 guess I could maintain them, but I don't believe we 9 have secure storage in here. 10 would you like 11 maintain custody? 12 A GRAND JUROR: Yes. 13 You should have something to 14 swear her in as a custodian. 15 (The witness was sworn in as the custodian of 16 records.) 17 Thank you, ladies and 18 gentlemen, I am the last person for today, so you 19 guys are free to go and we will see you probably in 20 a couple of weeks, we will be seeing a lot of you. 21 (The witness was excused from the Grand Jury 22 room.) 23 (The testimony of the witness concluded 24 before the Grand Jury.) 25 OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226452

22 1 CERTIFICATE OF REPORTER 2 3 4 I certify pages 2 through 21 are a true 5 transcript of my shorthand notes of the testimony of 6 E. Nesbitt Kuyrkendall before the Federal Grand Jury, 7 west Palm Beach, Florida on the 6th day of February, 8 2007. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OFFICIAL REPORTING SERVICE (954) 467-8204 EFTA00226453

Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA IN RE: OPERATION LEAP YEAR Federal Grand Jury, 07-103 West Palm Beach, Florida February 27, 2007 APPEARANCES: ESQUIRE Assistant United States Attorney Foreperson TESTIMONY OF CRIGI\AL Exhibit 18 EFTA00226454

Page 2 1 The sworn testimony of 2 was taken before the Federal Grand Jury, West Palm 3 Beach Division, West Palm Beach, Palm Beach County, 4 State of Florida, on the 27th day of February, 2007. Court Reporter, was authorized to 6 and did report the sworn testimony. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 EFTA00226455

Page 3 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The witness entered the grand jury room.) having been duly sworn by the grand jury foreperson, was examined and testified on her oath as follows: EXAMINATION Q Good morning, special agent you restate and spell your name for the record. A It's Could Q Can you remind the grand jury who you are employed by? A The FBI. Q I know that you testified here a few weeks ago. was there anything from that testimony that you wanted to correct? A I did. I was asked by one of you Mr. Epstein's age, and I confused him with another individual in another one of my cases. His birthdate is January 20, 1953. We are looking at the time period of 2004 and 2005. So Mr. Epstein would have been about 51 or 52-years-old, and I believe I told you he was 45. So at the time we're looking during this investigation, he is 51 or 52. Q how did this case first come to the attention of the police? EFTA00226456

Page 4 1 A In March of 2005„ our youngest 2 identified victim -- her stepmother called the Palm Beach 3 police department and reported that she believed that her 4 stepdaughter had been molested by a male that resided in 5 the town of Palm Beach. 6 Q So today we are going to talk about ■ G? A Yes. 8 Q And we are using her initial to protect her 9 identity, correct? io A Yes. 11 Q Can you tell the grand jurdilIIIIIII date of 12 birth? 13 A 14 Q And you mentioned that the call came in from 15 stepmother in March of 2005, correct? 16 A Yes. 17 Q So how old was at that time? 18 A She was 14. 19 Q Where does live? 20 A lives in the Loxahatchee-Royal Palm Beach 21 area here in Palm Beach County. 22 Q At the time, in 2005, what school was she 23 attending? 24 A Royal Palm Beach High School. 25 Q What year was she in school? EFTA00226457

Page 5 A She was a ninth-grader there. 2 Q You mentioned that her stepmother called the 3 Palm Beach police department. What did the police 4 department do in response to that call? 5 A They wanted to interview I believe it was 6 the next day they went out to where was attending 7 school at that time, which I think was High Ridge. They 8 interviewed ■ at High Ridge and wanted to get her side 9 of what took place. 10 Q Because we'll be referring to this throughout, 11 what was the name of the detective who conducted that 12 first interview? 13 A Detective 14 Q So in March of 2005, detective talked with 15 ever interviewed at any other times? 16 A Yes. She was interviewed -- they talked to her 17 again. She placed some controlled calls for them later 18 that month, we will talk about that later. As well as 19 she was interviewed about a year later in July of 2006. 20 Not interviewed, but she testified before the grand jury 21 for the State of Florida. So she was interviewed by 22 detective Pagan in March of 2005, and then about a year or 23 three or four months later, in July of 2006, she testified ?4 before a grand jury with the State of Florida. 25 Q In preparation for your appearance today, did SINIP•••• EFTA00226458

Page 6 you have a chance to interview 2 A Yes, I did. 3 Q And when was that? 4 A Last night. 5 Q Back in March of 2005, you mentioned that 6 detective Pagan met with on or more than one 7 occasion? A Yes. 9 Q If you could give us sort of an overview of what reported during these interviews, and then if there 11 are specific discrepancies or differences, we will return 12 to those later. 13 A All right. On February 5, 2005, it was a 14 Saturday, and was at 'use, IIIIIIII She 16 was there with her boyfriend, And because these 16 are minors, we'll refer to them without using their last 17 names, so I'll use those initials. 18 They were ateresidence, and is 19 boyfriend, which is also cousin. So they 20 were all at house, and was on the phone with 21 an individual that ■ refers to as the assistant. 22 described the assistant as a tall blonde. 23 So throughout I'll refer to her as the blonde lady, if 24 that's okay. was unable to recall her name. So 25 is on the phone with the assistant for Jeffrey •••••••••11,6 EFTA00226459

Page 7 1 Epstein. 2 IIIMEIverheareon the phone 3 describing describing to the lady on 4 the phone. So when gets off the phone, and 5 IIIIIItoth want to know why i was being described to 6 this lady on the phone. becomes upset when 7 asks". if she would like to go to Palm Beach and give a 8 man a massage that she knows. agrees, and this 9 upsets and an argument ensues where 10 go into the bathroom and they argue outside the presence 11 of 12 Q Let me stop you there. Was supposed to be 13 paid for giving this massage? 14 A Yes. told that she would be paid 15 $200 or $300, I believe. 16 17 is also cousin, correct? 18 A Yes. 19 Q What was 20 arguing? 21 A She has told us that she believed that ust 22 have known what was doing for this man and the work 23 that did for Mr. Epstein, and that is why vas 24 SO upset. 25 You mentioned that boyfriend, and idea about why they were So le new that this wasn't just a regular et. ...rmi.....••••••••••••••••••il.w., •••••111•1•0•1••••InT•l•••••••.•••••• EFTA00226460

Page 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 massage that was going to take place? A Yes. Q So illlidecide to do? A decides to go. have this argument. What does Q Because she wanted to make the $200 or $300? A Yes. Q So tell us then what happened after that meeting? A The next day, February 6 -- they discussed that evening about going the next day. We do have on phone records two calls that were placed. One was placed to cell phone, and the other was placed to Jef rey Epstein's residence the night of February 5. The next dayais contacted a couple of times before Arrives. Each time prior to ill" eing contacted by... a call is placed by t o n cell phone. M M.., I should tell you, is Jeffrey's assistant. So on Sunday a call was placed to IIIIIIIIII!at and then shortly after that a call was made to El same series occurs again, but this time places a call to Mr. Epstein's residence, and then its called again. Eventually, =comes t o MI residence with EFTA00226461

1 2 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 another girl in the car, So the two of them IMIS arrive atIIIIIII residence, and they continue over to Mr. Epstein's house. Q I'll'. is driving with Do you know how they were sitting? A You know, I'm not sure how they were sitting, but I know that it was a pickup truck that drove, and was the driver. I'm not sure exactly the placement of the other two girls, but they were in the truck. Q And Sas able to describe how they travelled to the island of Palm Beach? A Yes. She gave directions -- you know, the best that she could on how she was able to come to Mr. Epstein's residence. Q Once they arrived at the residence, what happened? A I should have mentioned that either the night before or the day of, there were some things that IIIIII tells One, she tells illlithat she is to tell, if asked, that she is 18-years-of-age, that she attends high school, that she's in the 12th grade, and I believe it was Wellington High School that she was to say that she went to. Talking to illillast night, ■ told us that Va....la.....o...10.0•44••••••...”.• • • EFTA00226462

Page 10 1 once she arrived at the residence hells her that she 2 may possibly be asked to take her clothes off. She also 3 tells her that she can stay in her bra, but she may be 4 asked to take her clothes off. And told us last 5 night that that's when she knew for the first time that 6 she might have to possibly remove her clothes. 7 At this point they proceed to enter the 8 residence. IIIIIIPescribes him as a security person. He 9 approached and asked what they were doing there, and IIIIII 10 said they were there to see Mr. Epstein, or see Jeffrey. 11 He allowed them entry into the kitchen area by the pool, 12 and i describes that area. So now and 13 IIIIllare all sitting in the kitchen. A short time goes 14 by and Mr. Epstein, as well as the assistant, enter the 15 kitchen. 16 Q And I know that you mentioned thatillildid not 17 know the name of the lady who was there in the kitchen, 18 correct? 19 A Right. 20 Q She just described her as a blonde, tall lady? 21 A Yes. 22 Q Was also interviewed about what happened 23 that day? 24 A She was interviewed by the Palm Beach police 25 department. EFTA00226463

Page 11 Did identify the person who was on the 2 phone with her as 3 A 4 5 knew 6 A Yes. 7 Q So you mentioned that the three girls are in the 8 kitchen, along with Jeffrey and the person calls the 9 blonde lady? 10 A Yes. 11 Q What happened then? 12 A follows the blonde lady upstairs to 13 Mr. Epstein's bedroom. The blonde lady proceeds to take 14 out a massage table and set it up, prepare it. She also 15 takes out some lotions to be used during the massage. 16 told me last night that the blonde lady asked her to 17 remove her clothing, and then left the room and said that 18 Mr. Epstein would be in shortly. 19 Q What happened after she left the room? 20 A Shortly after that, Mr. Epstein does come into 21 the room and shakes hand. told us last night 22 that Mr. Epstein told her to remove her clothing. He 23 leaves the room and comes back in just a towel, and he 24 tells her again to -- she is at that point -- when he 25 walked in the lirst time she had on her bra and her pants. Yes, she did. So even though name? al doesn't know her name, EFTA00226464

Page 12 1 When he comes back in, he tells her that she needs to take 2 her pants ofI . So she took her pants of'. So now she's 3 in her bra and underwear. 4 Q At some point did tell any of the people 5 who interviewed her what was running through her mind? 6 A She stated at one point that she was upstairs 7 with him, with the man, and thatMill was downstairs. I 8 guess she says, "What could ilIlli do? She's downstairs, 9 I'm upstairs." So she did what she was asked to do. 10 Q So now you mention that Mr. Epstein is here 11 wearing just a towel, and has removed both her shirt 12 and her pants, is that correct? 13 A Yes. 14 Q Tell us what happens then? 15 A Mr. Epstein gets on the massage table lying on 16 his stomach and instructs how to do the massage. He 17 tells her to put some lotion on her hand and instructs her 18 on how to actually perform the massage. At one point 19 during the massage he tells that she would be more 20 comfortable to get on top of him, so i gets on top of 21 him and straddles Mr. Epstein's back. 22 The way describes it is Mr. Epstein is 23 laying on the table, he has a towel covering his bottom, 24 and she is straddling him with her bottom touching the 25 towel and some skin touching his lower back. She was kind ...••••• ••••••• wwl...•••••.•-m••••• •••••••••••A•i••••••••••• •...millialtIONSILWS,••C• _I 1 EFTA00226465

• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 of sitting -- it sounds like sitting on his rear end, but with part of her skin touching him -- the front of him, but he had a towel across his bottom. Q What happens as she is providing the massage to his back? A The massage goes on. She said the entire massage lasted anywhere from 30 to 45 minutes. At one point Mr. Epstein excuses himself for a few minutes, one or two minutes briefly, illlistates that she can hear Mr. Epstein moaning or groaning, and states that she believes he was, in her words, "wacking off" or masturbating. She didn't say masturbating, she said "wacking off." I am going to use that she believes he was masturbating. Then he returns. At this point he gets back on the table lying on his back and asks her to start massaging his chest. So she begins to massage his chest. Q Does he keep the towel on? A No, at this point the towel is removed. When he comes back and he gets back on the table, the towel is removed and she is massaging his chest. Q What does he do as she is massaging his chest? A He moves his hand up and down his penis. So he continued to masturbate on the table. He asked at some point during this time, if she would like to make an I EFTA00226466

Page 14 1 extra $100. He tells her that it would not involve doing 2 IIIIII 3 vibrator on her, and she does agree. describes it as 4 S 6 7 8 9 10 digitally penetrated her? ii A The vibrator is used. At some point he does 12 digitally penetrate her. And these are her words. She 13 14 is her word -- he sarcastically says, "What's the matter?" 15 And she at that point just kind of looks away, and he 16 continues on with the digital penetration. In the last 17 three to lour minutes of that, he begins to masturbate 18 again. 19 At the conclusion of the sexual activity, 20 Mr. Epstein wipes his penis ofI with a towel. i was 21 asked if he ejaculated. She did not see him ejaculate, 22 but saw him wipe his penis off with a towel. 23 Q was able to provide a physical description a massage. agrees. He asked her if he could use a a purple vibrator that was used on her vagina, and she said this goes on for about ten minutes. At some point during that massage the vibrator is not used anymore and digital penetration takes place. dillidescribes him as fingering her. Q What did she say happened when Mr. Epstein looks at him kind of funny, and he sarcastically -- which 24 of Mr. Epstein? 25 A Yes. EFTA00226467

Page 15 1 Q Including of his penis? 2 A Yes. 3 Q Was she also able to provide a description of 4 her surroundings in that massage area? A Yes. 6 Q Was that description accurate? 7 A Yes. According to other testimony we have 8 gotten from other victims, yes. 9 Q And a search was performed on Mr. Epstein's io house? 11 A Yes. The Palm Beach police department did 12 perform a search, and several of the items that were 13 described were found in the house. 14 Q After Mr. Epstein wiped himself off, what 15 happened? 16 A He told that she was getting the extra 17 hundred dollars because he was allowed to use the vibrator 18 on her and had fingered her. The massage had been 19 concluded, the sexual activity had been concluded. He 20 gets up and leaves for a brief moment of time and comes 21 back with $300 and pays the $300. I believe he told 22 that she could see herself out. 23 Q Before we leave that room, when i was either 24 being directed to the room or was inside that room where 25 the massage took place, was there anything in particular EFTA00226468

Page 16 1 2 3 4 5 8 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that she noted seeing? A She noted seeing several naked pictures of girls in the room, a mural or pictures of naked girls either exposing their breasts or completely naked. Q While the massage was going on, did Mr. Epstein talk tole A Yes, he did. Q And did he talk about sexual conquests with girls? A Yes, he did. Q Once Mr. Epstein has provided ■ with the $300, what did she do? A She went back downstairs and she, and eave the residence. In the car they k a as how much money she has made, and she tells them $300. IIIII wants to see the money. She shows the money to and illill asks what did she do. At that point itells her that he fingered her, as well as used a vibrator. Q When they left the house, where did they go? A When they left the house, they were on their way to a mall to go shopping with the money that they had received from Mr. Epstein. i had told the night before that she needed some shoes and wanted to go to the mall, and she was going to Mr. Epstein's to pick up some money. That was another reason that she had for going to EFTA00226469

Page 17 1 Mr. Epstein's house that day, and that they were going to 2 go shopping after she got her money, and that could 3 make some money. 4 Q During that ride, did 'ill realize that 5 received money from Mr. Epstein? 6 A Yes. At some point knows that a 7 received S200, but is unsure that ver gave a a 8 massage. So at that particular times did not know why 9 she had gotten the $200, because she didn't think that 10 illillhad had time to give a massage. 11 Q In interview, did she explain what she 12 got the $200 for? 13 A told the Palm Beach police department in 14 her interview that she received her $200 for bringing 15 to the house. 16 Q You mentioned that there were these three 17 different time periods that was interviewed: Shortly 18 after the events, at the time of the state grand jury 19 proceedings, and when you met with her, correct? 20 A Yes. 21 Q And there were some discrepancies between the 22 different interviews. Can you explain some of those to 23 the grand jury. 24 A Before we go and get to that, I want to make 25 sure that -- when we discussed what was told in the 1.0•.•••••••••••.1••••.b EFTA00226470

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 car by al that we learned from Page 18 interview with the Palm Beach police department. don't know if I said that, but I want to make sure you know that we first learned that had been fingered by listening to the interview that was conducted between the Palm Beach police department and not from When I talk later, I just want to make sure you realize that that had not initially come out in interview, but through the interview with So going back. I'm sorry, discrepancies? Q Yes. A I met with last night to discuss some of the discrepancies when looking at what she had talked to detective about in March of 2005 and what she had testified to in the grand jury in July of 2006. Reading the testimony and listening to the tapes, or reading the• transcript, there were a lew discrepancies. One of the first ones we talked about was what had told her about going to Mr. Epstein's house. She tells detective that she was told about the massage, told about getting $200, but that she was not told that she would have to take her clothes ofl. She didn't know she would have to perform the massage naked. When I asked her last night that question, she told me that when she got to the house prior to going into EFTA00226471

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 Mr. Epstein's residence, that did tell her that she may be asked to take ofl her clothes. She also did state that told her she could stay in her bra. So I wanted you to know that there was a discrepancy in what she originally had told detective Pagan and what she told me last night. That would be one. The second discrepancy I wanted to touch on with her was going upstairs and taking off her clothing. When she is in that room, she states to detective Pagan that asked her to remove her clothing, and she took off her shirt. Then Mr. Epstein came in the room, shook her hand and told her to take off her clothes. He leaves, he all comes back in a towel. He tells her again. tells detective in a stern voice, "Mr. Epstein told me to take off my pants." Because she hadn't taken off her pants from the first time that she met him. In her testimony with the grand jury with the state, she tells the grand jury that it was who asked her to remove her clothing. So last night we went over with her who told her to remove what. She had a very hard time recalling exactly. She knew she had gotten down to her bra and underwear. And then at some point, when we're going through the sexual activity, she actually tells me that her underwear was off when he was using the vibrator and digitally penetrating her. EFTA00226472

1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 20 Later in the interview, we tell her about what we have in her testimony to the grand jury and her statements made to detective Pagan. And she really is having a difficult time trying to remember who told her to take ofl her clothes and her pants. As we are walking through the sexual activity, she does recall and states that it was Mr. Epstein who told her to take ofl her pants. I guess I'll go to the third discrepancy. Is there anything I left off with that? Q Well, does she report that when the assistant leads or the blonde lady leads her upstairs, that the blonde lady also said, "Get undressed," but that ■ didn't get fully undressed? A That's what she said in her statement to the detective, when she gives her first statement. She tells us again last night that that's what she recalled. Q That the lady said first, •Get undressed," but she doesn't get fully undressed. And when Jeffrey comes back, he said, "Take your pants off.•? A Yes. And again, like I said, when we started interviewing her and asking her about this, she did have a hard time. But when we were walking through the sexual activity, that's when she recalls who told her to take off her pants. ; EFTA00226473

Page 21 1 2 3 4 5 6 7 8 9 10 11 originally interviewed by detective Pagan about the 12 vibrator or being digitally penetrated. When detective 13 14 15 She also says that to the grand jury, she talks about the 16 purple vibrator being used on her. 17 18 being used on her. When we asked her about him digitally 19 penetrating her, and that had told the police 20 department that she had been fingered, told us last 21 night that she was fingered by Mr. Epstein, but that she 22 23 did not want her father to know that he had fingered her. 24 25 And tell you, when we talked about the sexual activity, and it comes out that she wasn't wearing her underwear when he was digitally penetrating her and using the vibrator, she does not recall how they came off. She cannot remember removing her underwear. She doesn't remember if Mr. Epstein removed her underwear. She knows her underwear was off, but she cannot tell you exactly at what point her underwear was removed. Q Let's talk about the third discrepancy. A The third is the sexual activity, when she was Pagan comes and sees her again a few weeks later, she does tell her at that time that a vibrator was used on her. Last night she told us about the purple vibrator thought only her and knew about this and that she She didn't want anybody to know, but she especially didn't want her father to know, that that was her business. That EFTA00226474

Page 22 1 she did not know that had told anybody, she thought 2 it was only her and that knew. She was embarrassed 3 and didn't want anybody to know that. 4 Q Did she become visually upset? 5 A Yes, she began crying when we asked her about 6 being digitally penetrated. When she realized that we 7 knew about that, she became very upset and concerned about 8 her father. She mentioned that her father has read a lot 9 of the reports in the State of Florida, and has followed to the state's case. She was concerned about even telling 11 us, afraid that he would be able to read in our reports 12 about this. 13 We explained to her that the FBI's reporting is 14 a little bit different than the way the state -- those are 15 public records, and ours is part of our case file. 16 Q In addition to the fact that she had these 17 concerns about her father and she was embarrassed, in your 18 experience of interviewing victims of sexual abuse, is it 19 typical for them to not disclose all of the sexual 20 activity? 21 A Yes, it's very typical. And young girls, they 22 don't want to talk about it. This is just another case of 23 her not wanting to tell exactly what took place. 24 Q After that first visit to Mr. Epstein's house, 25 and the interviews with detective did detective EFTA00226475

Page 23 I ask to make what are called controlled calls? 2 A Yes. 3 4 controlled call is? 5 6 listening device, where we have an individual place a call 7 to somebody and we are able to record the other person's B voice and the conversation that takes place between the 9 person that we're having make the call and the person that 10 11 12 13 14 15 16 17 end of March, I believe it was March 30. called 18 at the Olive Garden where works. was IIIIIII 19 concerned that father had found out somehow and 20 that they knew about it. And she refers to him as 21 Jeffrey, but Mr. Epstein. 22 told her that they did not know about 23 Mr. Epstein. Later in the conversation ■ tells her 24 that Mr. Epstein would like her to come back and work for 25 Q Can you explain to the grand jury what a A A controlled call is where we actually have a they are calling. Q Who did detective Il' ask illlito call? A ewes asked to callallon the phone. Q And did she do so? A Yes, she did. Q Can you tell the grand jury when the calls were? A I believe the first call was made towards the him, and that maybe she could work for him tomorrow. So EFTA00226476

Page 24 1 they agreed that there would be a call between and 2 tomorrow, that will call al a tomorrow. 3 Q Were there calls also made on March 31 of 2006? 4 A There were two calls made on March 31. The s first one she doesn't connect to The second call 6 that was made a short time later, Haley answers the phone. 7 Again, there is a discussion about ■ coming to work for 0 Mr. Epstein. tells IIIIII- one of the comments that 9 is made is, "The more you do, the more you make." ■ is 10 asking her how much can I make. 11 Again, detective Pagan is there, and is 12 asking how much can I make. is telling 13 that she'll have to ask Mr. Epstein that, that she is 14 going to see Mr. Epstein tomorrow and that she'll talk to 15 Mr. Epstein. There is conversation about ■ and her 16 twin sister possibly coming to Mr. Epstein's house. There 17 is some discussion about her coming to work for 18 Mr. Epstein. 19 Q Just so it's clear, because there were a lot of 20 shes, Illillis telling i that s going to see 21 Epstein the following day? 22 A Yes. 23 Q And that is going to set up a schedule 24 with Mr. Epstein for ■ and her sister to work for him? 25 A Yes. • EFTA00226477

Page 25 1 Q On April 1, the following day, did make 2 calls tO 3 A From the Palm Beach police department, they were 4 able to take voice mail messages left by i on 5 phone stating that could come and work on Saturday 6 around 11:00. 7 Q I think you mentioned this last time, but in 8 case you didn't, did the Palm Beach police department do 9 trash pulls at Mr. Epstein's house? 10 A Yes, they did. 11 Q Was there anything of value related to this 12 series of calls that were recovered? 13 A Yes. There was a trash pull done in the 14 beginning of April, and in the trash there was a piece of 15 paper that on it had s name, name, and I 16 believe it was 10:30 listed on the piece of paper. 17 Q It said with Mon Saturday at 10:30? 18 A Yes, it did. 19 Q In addition to the actual recordings of those 20 phone calls and voice mail messages, do you also have 21 telephone records from both cell phone and 22 cell phone that match up? 23 A Yes. 24 Q Just to go back to something that you mentioned. 25 Who actually gave the $300 cash to at the day she was iI••••••••••• EFTA00226478

Page 26 2 3 4 6 7 at Mr. Epstein's house? A Mr. Epstein. • You mentioned a girl named A Yes. Was also interviewed? A Yes, she was. Q Was she asked about going with to take 8 girls to Mr. Epstein's house? 9 10 11 12 13 A Yes. Q Was she asked who the youngest-looking girl was? A Yes. Q What did she say? A She discussed looking young in her 14 interview with the Palm Beach police department. 15 Those are all of my questions 16 for you now. If you could please step outside, I'll 17 see if the grand jurors have any. 18 (Witness excused, and then returned.) 19 BY 20 Q Agent we have just a few questions. 21 One relates to the conversation between Mr. Epstein and 22 ■ about his exploits with other girls. Did Mr. Epstein 23 say anything about the age of those girls? 24 A He said that -- in particular on one case he 25 talked about a young girl that he was in the back seat EFTA00226479

Page 27 with, and her parents were in the front seat. He told 2 that they were having sex in the back seat -- were 3 doing sexual things in the back seat while he was carrying 4 on a conversation with the parents in the Iront seat. I 5 guess they were on their way home from a business party. 6 This was one of the stories that he had talked about. 7 Q But at no time did he provide any specific ages 8 about any of those girls? 9 A No. lo Q What was age at the time she took ■ 11 to Mr. Epstein's house? 12 A She was 18. 13 Q Did Mr. Epstein ask Sage anything about her age? 14 A He did. He asked her how old she was, she said 15 she was 18. He asked her what grade she was in, she said 16 she was in the 12th grade. He asked her where she went to 17 school, and she said she went to Wellington. 18 Q I know we will be doing a lot more discussion 19 about ilillillater. But could you tell us briefly how 20 IIIIIILwas recruited to go to Mr. Epstein's house? 21 A was at the beach, and two individuals 22 approached her about making money and giving a massage to 23 Mr. Epstein. 24 Q How old was when she first went to 25 Mr. Epstein's house? 1 1 EFTA00226480

Page 28 A Through phone records, we have contact between 2 Thank you. 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B starting at age 17. Those are all the questions. (Witness excused, and then returned.) Q The question was, was there any particular evidence to suggest that Mr. Epstein knew that was under the age of 18? A I would say through the interviews of the multiple girls that went to Mr. Epstein's house -- the way that having seen last night, and now she's 16 -- this was two years ago -- that 1111111age and behavior -- and again, is that more circumstantial evidence? As far as concrete evidence, no. But just by her appearance and her mannerisms and how I observed her last night at age 16. Q And that's consistent with what during her statement, correct? said A Yes, it is. MS. a Any other questions? JUROR: Did she look 18? THE WITNESS: Does illillook 18? Not in my opinion, sir. MS. All right. Any other questions? Okay, thank you, very much. EFTA00226481

Page 29 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 excused.) CERTIFICATE OF REPORTER I CERTIFY pages 1 to 28 is a true transcript of my shorthand notes of the testimony of before the Federal Grand Jury, West Palm Beach, Florida, on the 27th day of February, 2007. Dated at West Palm Beach, Florida this 18th day of March, 2007. I /77 Al_ 65 Philip W. May, Court Reporter EFTA00226482

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL. 3340/ (561) 820.8711 Facsimile: (561) 820-8777 March 15, 2007 DELIVE Y Y HAND Miss Re: Crime Victims' and Witnesses' Rights Dear Miss Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights are: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. Members of the U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. If you have an concerns in this regard, please feel free to contact me at 561 209-1047, or Special Agent from the Federal Bureau of Investigation at 561 822-5946. You also can contact t e Justice Department's Office for Victims of Crime in Washington, D.C. at 202-307-5983. That Office has a website at www.ovc.gov. You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. Exhibit 19 EFTA00226483

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 RE: OPERATION LEAP YEAR TESTIMONY OF SPECIAL AGENT COPY Federal Grand Jury 07-103 Federal Building U.S. Courthouse West Palm Beach, Florida Tuesday, March 20, 2007 APPEARANCES: Assistant United States Attorney Foreperson OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 Exhibit 20 EFTA00226484

2 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 was taken before the Federal Grand Jury, West Palm Beach Division, Building, U.S. Courthouse, Palm Beach County, State of Florida, on Tuesday, March 20, 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 EFTA00226485

3 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 (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 Q Special Agent could you please state and spell your name for the record? It's A It's Q Now Special Agent last week or the last time that we met, we discussed two girls, correct? A Yes. Q Who visited Mr. Epstein's home? A Yes. Q And those were and A Yes. Q Did you obtain photographs of those girls? A Yes, I did. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226486

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 And do you know approximately when those photographs were taken? A They were taken during the same time period that we are investigating, '04 and '05. There may have been a few in '03, but it was within a year's time of six months within the activity that we are investigating. Q All right. Let me show you what has been marked as Grand Jury Exhibits 1 and 2, and can you tell us what Exhibit 1 is? A Exhibit 1 is illiblland it's a photograph of her with her date of birth listed. Q And what is Exhibit 2? A A photograph of with her date of birth as well on it. MS. And I will just pass those to the grand jury. BY Q Now the last time that we were here, you had described how had IIIIIIII brought IIIIIIIII to Mr. Epstein's home? A Yes. Q Did IIIIIIIIIbring other girls to the Epstein house? A Yes, she did. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226487

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 Q And is one of those girls A Yes. Q And what is the date of birth of A She was born Q And where did go to high school? A Royal Palm Beach High School. Q And is that the same school that 4IIIIIIIIwent to? A Yes. Q And was ver a student at that school? A Yes, she was. Q Tell us a little bit about -- well, first of all, did the Palm Beach Police Department have a chance to interview A Yes, they did. Q And what about yourself? A And I did as well. Q Okay. Tell us, if you will, how started going to Mr. Epstein's house? A was the one who brought to Mr. Epstein's house. told that she may have to remove her clothing and that she could OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226488

6 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 makes $200 if she performed a massage for Mr. Epstein. IIIIII She also was told by that he may try to touch you, but if you are uncomfortable, just tell him no, and she also said that if Epstein asked her age, she was to say she was 18. Q Now that information that you just relayed, who provided that information? A IIIIIM IIM Q And what did -- A I'm sorry. provided in the interview to me that information. Q Did also admit that she brought to Mr. Epstein's home? A Yes. Q When did this first occur? A This occurred in -- we believe the first time period was when was 16. Q And is there any telephone records that show communications between and and A Yes. Q And when are those phone records? A Those phone records show up in March of '04 when would be 16. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226489

7 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 Let me show what has been marked as Grand Jury Exhibit Number 3, and what is Exhibit 3? A This is a photograph of with her date of birth, Q Now you mentioned that in March of 2004 and April of 2004, there are these records of phone calls and did say how old she was when she first went to Mr. Epstein's house? A I'm sorry. Did say how old she was? Q Did she tell you or the police officers how old she was? A Yes. I'm sorry. I thought your question was did she tell Mr. Epstein. She told me that she was 16 when she went to Mr. Epstein's house. Q Okay. That is consistent with those phones calls? A Yes, it is. Q Okay. Now during her first visit with Mr. Epstein, what happened? A She went to Mr. Epstein's house. took her there. told her she didn't have her driver's license at that time, which she told OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226490

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 her she got her driver's license when she was 17. So drove her to Mr. Epstein's house. She provided Mr. Epstein with a Iew massages. She remained clothed both times that she gave him a massage. At this time, she kept her clothes on. I think one time she was wearing shorts and a T-shirt, maybe the second time she was wearing jeans and a T-shirt. That he constantly grabbed and pulled at her during the massage trying to draw her closer to him, but at that time, you know, there was no sexual activity other than the grabbing and pulling. There was no sexual activity that took place on those Iirst couple of massages, and she remained clothed at that time. Q Now after those first few massages, was there a break in time before returns to the Epstein house? A told us that she and had had some kind of a fight or a disagreement, a breakup in their relationship, so there was a time period where she did not go back to Mr. Epstein's house. Q And when -- did there then come a time OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226491

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 when she returned to the Epstein house? A Yes. We have phone activity between Kellen and Z. beginning in December of '04. Q And how old was in December of '04? A She had turned 17 at that time. In fact, through the course of the phone records beginning in December of IIIIIIIIIII we have over 150 phone calls between 04 to October of 2005, and Mr. Epstein's assistant. Q What did tell you about the activity that occurred when she started returning in late '04? A When she started giving Mr. Epstein massages after that break, the massages became much more sexual in nature. Mr. Epstein continued to push and there were many times when would perform massages completely nude. Several times, she would stay in her underwear with no bra on, but stated to me that many occasions she performed the massages to Mr. Epstein in the nude. In addition to being unclothed, was there other sexual activity? OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226492

10 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 A Yes, there was. during my interview with she became very upset when discussing the sexual activity that took place at that time. She stated that Mr. Epstein had digitally penetrated her. It began first by rubbing her on the outside pf her vagina and then on more than one occasion actually penetrating her with his fingers. He would request her to pinch his nipples. He rubbed her breasts as well. She stated that there was a vibrator that was used on her vagina as well, did not penetrate her, but that she described the vibrator as being a, white vibrator with a gray head, and several of the other victims have said the same thing, described it similar to that. Q And just before I forget, when you IMIE testified about did also report having a vibrator used on her? A Yes. Q And, again, so the record is clear, when you are talking about these vibrators, they are the large back massager type vibrator? A We have had some girls just describe OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226493

1 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 them as a vibrator. We have had some girls just describe them as a back massager and then we also had girls describe them as both, because of the size of it, I think some girls are more aware of what a vibrator would look like due to their ages. You know, I don't know that everybody knew exactly what a sexual vibrator looked like, but they all vibrated, and we have actually had that described, and described it as both, a vibrator slash massager, saying that it was, you know, large in nature. Q Okay. Now in addition to using that massager and digitally penetrating was there other sexual activity? A Yes. Several times during the massages, Mr. Epstein would havesstraddle him while he laid on his stomach and then he would reach between her legs and masturbate and occasionally -- Q And this is when he was laying on his back not his stomach? A I'm sorry. Did I say that? • You said on his stomach. A He is laying on his back. She's on top of him straddled, and he is reaching between her OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226494

12 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 masturbating, and he has attempted to put his penis on her vagina, never penetrating her, but that was what was described to us by . Q Now when was first interviewed by the Palm Beach Police? A She was interviewed October 6th of 2005. Q And at that time, did she say when her last visit was to Mr. Epstein's house? A Yes, she said October 1st, 2005, was the last massage that she had given Mr. Epstein. Q Is there any other evidence that was recovered from Mr. Epstein's or his household items that would confirm that statement? A We have a message pad. During the search warrant, several of the message pads -- I don't know if we referred to them at this stage. We may not have. We recovered -- well, I shouldn't say we, the Palm Beach Police Department recovered several message pads. They were carbon copy message pads. So we have several of those books from their search warrant and in there, there is a message on October 1st confirming appointment for the mas as well as another OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00226495