(b) solicitation of minors to engage in prostitution, in violation of Fl. Stat. 796.03; and (c) engaging in sexual activity with minors at least sixteen years of age, in violation of Fl. Stat. 794.05. • Epstein and the State Attorney's Office make a joint, binding recommendation that Epstein serve at least two years in prison without any opportu • nity loi withholding acjudtcition ir sentencing, arid v 1 agrees to waive all challenges to the information filed by the State and the right to appeal. • Epstein agrees that, if any of the victims identified in the federal investigation file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the U.S. District Court for the Southern District of Florida over his person and the subject matter. Epstein will not contest that the identified victims are persons who, while minors, were victims of violations of Title 18, United States Code, Sections(s) 2422 and/or 2423. • After Epstein enters his state court plea and is sentenced, the FBI and the U.S. Attorney's Office will close their investigations into violations of 18 U.S.C. §§ 1591, 2422, and 2423. HOUSE OVERSIGHT 012586 FEDERAL SENTENCING GUIDELIN'ES CALCULATION (Using1NOvernher 1, 2004 Guidelines Manual): aôh count of §4 101, 24n(b) and 2423(b): Base Oftense Level under 761; 3 24 CiffensOmAwd::zexmltOtitadt: 20. Counts do not4i!..OWS:0-.005.1.0-vels...fOr.more than 5 .Ittiltai pursuantto..31DIA. Offense Level 3.1 Apply Repeat and D•angerous S Qx Offender against Minors enhanoetnent 2.:t 4B1.5 Total Offense Level 36 Asturning,criminalliisfory, Category 1, advisory guideline range is Y88 - 25 months with lifetime. superViaed-relead, HOUSE OVERSIGHT 012587 TAB 21 HOUSE OVERSIGHT 012588 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defmed in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 7 HOUSE OVERSIGHT 012589 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 HOUSE OVERSIGHT 012590 Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the .solicitation of 'mum 0 9-iigne m..prpstg-t#1,444 in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months, and six (6) months in c'iintv 'ail for all charges, without any opportumt for withholding idjudication!..6ii0 without rO.ation on community controJ in lieu•of (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information tiled by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 HOUSE OVERSIGHT 012591 proposed agreements with the State Attorney's Office prior to entering into those agreements. '7. The TJnited States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defmed in 1:$J:T.S.C.: :2255. afterEpstein has signed this auppmenheensentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, .shall k0::gtis:tOini! Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District pfFlorida,oyer.4*,peyson and/or the subject matter, and Epstein individualup to an amount as, agreed to htWe the identified 1.: Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 HOUSE OVERSIGHT 012592 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office. to abide by any terms of this agreement.„ -Iiiti!AW4Nigii#06*iiiMitg*WHaii4a104:Attorne " best efforts to ensure compliance with these procedures which cinpI understandsstein tha 9.,00 and to use his 44cP;*(01 he ncccssary 0.00 Epstein also understands that it is.: efforts to IPPYMPe.the. Judge of the 15th Judicial Circuit to acce . recommendation,regarding.the sentence to be imposed, and understands that the *NM: todo •ation In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to Lesley Groff, or______________________ Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain. grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 HOUSE OVERSIGHT 012593 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney forthe Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. //I /// /// Page 6 of 7 HOUSE OVERSIGHT 012594 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated:_______________ By: Dated: 77a, Dated: Dated: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 HOUSE OVERSIGHT 012595 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated:________________ By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY Dated: Dated: Dated: JEFFREY EPSTEIN', RALD EFCOUR ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 HOUSE OVERSIGHT 012596 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNI1Ell STATES ATTORNEY Dated:_______________ By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: q--cA1J0.?"-- Z, ESQ. ATTORNEY FOR JEk FREY EPSTEIN Page 7 of 7 HOUSE OVERSIGHT 012597 TAB 22 HOUSE OVERSIGHT 012598 08/31/2007 13:03 FAX 5618021787 USA0 WFB FL Q002 US_ Department of Justice United States Attorney Southern District of Florida 500 4outh Australian Ave., Suite 400 Tfesr Palm Redd, FL 33401 (561) 6264711 August 31, 2007 DELIVERY BY FACSIMILE Ms. In care of Bruce Lyons, Esq. Lyons and Sanders 600 Northeast 3rd Avenue Fort Lauderdale; FL 33304 Re: Grand Jury Investigation—Confidential Dear This letter is an invitation for you to testify before a federal Grand Jury, and is supplied in order to provide helpful background information about the Grand Jury. The Grand Jury consists of from sixteen to twenty-three persons from the Southern District of Florida. It is their responsibility to inquire into federal crimes which may have been committed in this District. As a Grand Jury witness you will be asked to testify and answer questions under oath, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer- are permitted in the Grand Jury roorn while you testify.. . The U.S. Department of Justice encourages prosecutors to notify an individual in appropriate cases that he or she is a target of a grand jury investigation. Accordingly, you are hereby notified that you are a target of a federal grand jury investigation in the Southern District of Florida concerning suspected violations of federal law, including but not limited to, possible violations of Title 18, United- States Code, Sections 2, 371, 1512, 1591, 1952, 1956, 1960, 2421, 2422, and 2423. You are advised that the destruction or alteration of any document required to be produced:before the grand jury constitutes serious violation of federal law, including but.not limited to Obstraction of justice. A "target" is a person as to whom the prosecutors or the Grand Jury have substantial HOUSE OVERSIGHT 012599 08/31/2607 13;04 FAX 5618021787 USA() WPB FL Ms. August 31, 2007 Page 2 epos evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutors, is a putative defendant. This letter constitutes an invitation to you to testify on your own behalf before the grand jury about matters under investigation. Of course, you are not required to appear before the grand jury. The decision whether to do so is a voluntary matter which is entirely up to you. The grand jury, if in fact it learns of this opportunity afforded to you, will be instructed not to draw any adverse inference from your failure to appear should you decide not to accept this invitation. You mustfurther understand that should you decide to testify, your testimony could be used against you if any criminal charges should be flied against you. Should you decide to appear before the grand jury, you will have the same rights and obligations as any non-immonized grand jury witness. Specifically, You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. You have the right to stop answering questions at any time. Anything you say maybe used against you at the grand jury or in a subsequent legal proceeding. The grand jury will permit. you a reasonable opportunity to ..stop . outside the grand jury room to consult with your attorney, if you so desire, at any point during the testimony you give, Please be further advised that the giving of false testimony before the grand jur3r will subject -you to a prosecution for perjury in addition to the violations set forth above. As a target of a grand jury investigation who has been asked to appear before the grand jury, you may wish to retain the services of an attorney. If you =not afford the services of independent counsel, the Court may be able to appoint Counsel to represent you. If you would like the United States to ask the Court to appoint an attorney to represent you, please contact the undersigned at 561 209-1047, The United States is investigating other individuals, and you may be interested in cooperating with the United States against those other targets. If you hire an attorney, or if the Court appoints one to represent you, that counsel can contact me to discuss that possibility. HOUSE OVERSIGHT 012600 08/31/2007 13:04 FAX 5618021787 USAO WPB FL Ms. August 31,2007 Page 3 0004 Please advise me whether you wish to testify before the grand jury by close of business -Wednesday, September 12, 2007. If I do not receive notification from you or your counsel by this date, I will assume that you do not wish to testify before the grand jury. By: Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY A. Marie Villafana Assistant United States Attorney. HOUSE OVERSIGHT 012601 TAB 23 HOUSE OVERSIGHT 012602 08/16/2007 17:05 FAX 5618021787 IJSA0 WPB FL • U.S. Department of Justice United States Attorney Southern District of Florida rip 002 SOO South Australian Ave., Suite 400 West Palm Beach, Ft 33401 (561) 820-8711 . Facsimile: (561) 820-8777 August 16, 2007 VIA FACSIMILE Gerald Lefcourt, Esq. Gerald R Lefcourt, P.C. 148 East 78th Street New York, NY 10021 Re: Subpoena to Custodian of Records-NES. LLC Dear Mr. Lelbouri: I write in response to your letter of July 18, 2007 regarding the grand jury subpoena issued to the Custodian ofRecords for NES, LLC. Ihave attached an identical subpoena containing areturn date of September 11, 2007, and subpoenas for two NES employees, Eric Gany and Harry Beller. If you will not be representing Messrs. Gany and Beller, please let me know. First, as I mentioned in my earlier correspondence, a properly executed declaration from. the Custodian of Records is needed, and, if no documents responsive to a particular request exist, the Custodian should certify that under penalty of perjury. Second, you write that NES has no documents responsive to Requests 1 through 5. 'know that NES has several credit card accounts for the benefit of the persons who manage Mr. Epstein's properties, including Janusz Banasiak and Alfredo Rodriguez. I also know that NES regularly receives money from an account that is used to pay expenses at 358 El Milo Way and also wires money to that same account Those wire transfers fall within the time period called for by the subpoena and number in the hundreds of thousands of dollars. IfNES does not maintain records of its banking activities, then I would like to see a copy of its document retention policy, so I have added that to the Attachment to the Subpoena. Third, Mr. Manche's con:unent to you about potential money laundering charges related only to a resolution ofthe case. In other words, if the sex offense case is resolved, the Office would close its investigation into other areas as well The matter has not been, and it does not appear that it will be, resolved so the money laundering investigation continues, and Request Number 6 will not be withdrawn. The request is not overbroad and is stated with particularity, so please comply with the request by the new deadline. HOUSE OVERSIGHT 012603 68/16/2007 17:06 FAX $618021787 USA() WPB FL 0003 GERALD LEMUR% ESQ. AuGUST 16,2007 PAGE 2 07 2 With respect to paragraph 7, the information provided regarding the pilots came from the corporate records of Hypezion and TEGE, Inc., not NES. However, I have provided a shorter list in the new subpoena attachment I also have enclosed another certification for the Custodian of Records' signature. Thank you again for your assistance. Sincerely, R. Alexander Acosta United States Attorney By: cc: E. Nesbitt Kuyrkendall, FBI (with enclosures) A. Marie Villafafia Assistant United States Attorney HOUSE OVERSIGHT 012604 4/1642007 17:06 FAX 5618021787 US.A0 WPB FL tOO4 TO: Custodian of Records NES, LLC United States District Court SOOTIMRNDISTRTCT OF FLORIDA SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)/No. OLY-6,5/2 SUBPOENA FOR: Fcl PERSON )M DOCUMENTS OR OBJECT[SI YOU ARE HEREBY COMMANDED to wear a:ad testifybefore the Grand Jury ofthe United States District Court at the place, date and lime specified below. , • PLACE' United States District Courthouse 701 Clematis Street West Palm Beaob, Florida 33401 ROM- Grand Jury Room DATE AND TIME: September 11, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): THE DOCUMENTS AND OBJECTS LISTED ON ATTACHMENT A. *Please coordinate your compliance with this subpoena and confirm the date, time, and location of your appearance with S/A Nesbitt Xnyrkendall, Federal Bureau of Investigation, Telephone: (561) 827-5946. 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. plot August 16, 2007 This subpoena is issued upon application of &el/njied States of America Name, Address and Phone Number of Assistant U.S. Attorney Arm Marie C. Villaffia, Assistant U.S. Attorney 500 So. Australian Avemie, Suite 400 West Palm Beach, FL 33401-6235 Tel: (561) 820-8711 x3047 Fs= ($61) 802-1787 *it not applitable, ma "nom." Tunh,i of A0110 FORM ORD-227 JAN.86 HOUSE OVERSIGHT 012605 08/16/2007 17:06 FAX 5618021787 USA° WPB FL 005 ATTACIEVIENT TO SUBPOENA OLY-65/2 YES, LLC • 1. • For the period of January 1, 2003 to the present, all calendars, agendas, daily diaries, or other records of appointments, travel, meetings and the lac, kept by or on behalf of Jeffrey Epstein, Lesley 'Groff, and/or ____________________ This request includes information that is kept in physical "hard copy" and/or electronic form, whether stored on a personal computer, database server, cellular telephone, "Blacicberrj" unit, personal digital assistant ("PDA'') or other handheld electronic device, or in any other electronic form, and all metadata included within the electronic/physical files. 2. For the period of January 1, 2003 to the present, all address books, contact lists, or other records of names, telephone numbers, addresses, and/or e-mail addresses kept by or on behalf of Jeffrey Epstein, Lesley Grog and/or___________________ This request includes information that is kept in physical "hard copy" and/or electronic form, whether stored on a personal computer, database server, cellular telephone, "Blackberry" unit, personal digital assistant ("PDA") or other handheld electronic device, or in any other electronic form; and all metadata included within the electronic/physical files. 3. For the period of January 1, 2003 to the present, all e-mails, instant messages, text messages, meeting invitations, and any other electronic Communication sent by Jeffrey Epstein, Lesley Groff; and/or to Jeffrey Epstein, Lesley Groff, and/or This request includes information that is kept in physical "hard copy" and/or electronic form, whether stored on a personal computer, -database server, cellular telephone, "Blackberry" unit, personal digital assistant ("PDA") orother handheld electronic device, or in any other electronic form, and all metadata included within the electronic/physical files. 4. For the period of January 1, 2003 to the present, all documents and information referring or relating to the transfer of funds to or from any account owned by NES, LLC to or from any bank account used for the maintenance of the property located at 358 El Brill° Way, Palm Beach, Florida, or for the payment of any person working at 358 El Brillo Way, Palm Beach, Florida. Page 1 of 2 HOUSE OVERSIGHT 012606 . .08/16/2007 17:07 FAX 5618021787 U521.0 WPB FL Q006 5. For the period of January 1, 2003 to the present, all documents and information referring or relating to the transfer of funds to or from any account owned by NES, LLC to or from any bank account on which Janusz Banasiak and/or Alfredo Rodriguez had or has check-writing authority and/or access to via debit/ATM card. 6. For the period of January 1, 2003 to the present, all documents and information referring or relating to the transfer of fund to or from any account owned by NPS, LLC to or from any account owned by JEGE, Inc., Jeffrey E. Epstein, Hyperion Air, Inc., Financial Trust Co., New York Strategy Group, Inc., J. Epstein Virgin Islands Foundations, Inc., and/or Epstein Interests. 7. For the period of January 1, 2003 to the present, the names of all employees and all corporate directors, board members, and shareholders. 8. For the period of January 1, 2003 to the present, copies of all W-2s and/or 1099s for the following persons: Jeffrey Epstein, Lesley Grog Janusz Banasiak, Alfredo Rodriguez, Harry Beller, and Erie T. Gany. Any and all document retention and/or destruction policies_ • Page 2 of 2 ; HOUSE OVERSIGHT 012607 O8/161Z007 17:07 FAX 5618021787 USA() WPB FL 0007 UNITED STATES DISTRICT COURT SOO:0ERN DISTRICT OF FLORIDA IN RE FEDERAL GRAND JURY SUBPOENA OLY-65/2 ADDRESSED TO NES, .LLC •-•- ••• •• • • • CERTIFICATION REGARDING DOMESTIC RECORDS OF REGULARLY CONDUCTED ACTIVITY tb.e undersigted, ... -- declare that I am employed by NES, LLC in the position of______________________________________ and, by reason ofmy position, am authorized and qualified to make this declaration. I. In my employment with NES, LLC, I am familiar with the business records it maintains. 2. I certify that the records attached to this certification: (a) (b) (c) were made at or near the time of the occurrence of the matters set forth therein, by or from information transmitted by, a person with knowledge of those matters; were kept in the course of regularly conducted business activity, and were made by the regularly conducted activity as a regular practice. " • 2. Among the records so maintained are the attached records itemized in Appendix A (Document Inventory). 3. I further certify that the documents attached hereto are responsive to Grand Jury Subpoena 65/2 served upon NES, LLC. Page 1 of 2- HOUSE OVERSIGHT 012608 08/16/2007 17:07 FAX 5618021787 USA0 WPB FL - :OW 4. I further certify that NES, LLC has no documents responsive to request number(s) _____________. in Grand Jury Subpoena number 65g. [Fil1 in or strike out as appiopriate.] Pursuant to 28 § 1746, I declare under penalty of pednry that the foregoing information is true and correct Executed this . day of, • Awe cifeiectition:_________________________________________ Signature Page 2.of -2 , HOUSE OVERSIGHT 012609 not applicable, cater "nonC." 08/10/2007 17:07 FAX 5618021787. tiSA0WPB FL ral 000 ._ TO: HARRY BELLER NFS, LLC United States District Court SOUTHERN DISTRICT OF FLORIDA • SUBPOENA TO TESTIFY BEFORE GRAND JURY For 07-103(WPB)/No. OLY-75 SUBPOENA FOR: n PERSON in DOCUMENTS OR OBJECT[S] YOU ARE HEREBY COMMANDED to appear and testifybefore the *Grand Juryoftbe United States District Court at the place, date and time specified below. • _ -PLACE: United States District Courthouse • 701 Clematis Street ROOM: Grand Jury Room West Palm Beach, Florida 33401 DATE AND TIME: September 11, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following docuront(s) or object(s): *Please coordinate your compliance with this subpoena_ and confirm the date, time, and location of your appearance with S/A Nesbitt Knyrkendall, 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 of the United States of Amcrica. Name, Address and Phone Number of Assistant U.S. Attorney Ann Marie C. 'Meats", Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach, FL 33401-6235 Tel: (561) 820-8711 x3047 1704 (50) 802-3787._ - tvbraxdbirraiorAOIRt ' FORM ORO-227 JAN.86 HOUSE OVERSIGHT 012610 08/16/2007 17:07 FAX 5618021787 USA0 ll'FB FL on • TO: ERIC G.ANY NBS, LLC • United States District Court SOUTIIERN DISTRICT OF FLORIDA SUBPOENA TO TESTIFY BEFORE GRAND JURY PGJ 07-103(WPB)/No. OLY-76 SUBPOENA FOR: Fic PERSON DOCUMENTS OR OBJECT[S] YOU An HEREBY COMMANDED to appear and testify before the Grand Jury ofthe 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 42:0614! Grand Jury Room DATE AND TIME: . September 11, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you. the following document(s) or object(s): *Please coordinate your compliance with this subpoena and confirm the date, time, and location of your appearance with S/A Nesbitt Kuyrkendall, 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. (BY)DEFUTYCLERK DATE; August:IC:2007 This subp_oenk is issued upon application tittheYnif4Mat:e0gAlli: *Ifnot upphcable. entex "none." Name, Address and Phone Number of Assistant U.S. Attorucy Alm Marie C. _______ Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach, FL 33401-6235 Tel: ($61) 820-8711 x3047 Fax:4561) 802-1787 To Ix used Pt Eca afACH 10 FORM ORD-227 JAN.86 HOUSE OVERSIGHT 012611 -08/16/2007 17:05 FAX•5618021787 MAO WPB FL US. Department of Justice United States Attorney Southern District of Florida TO: DATE: Auxusti6. 2007 FAX NO. 212-988-6192 PHONE NO. 212-737-0400 A. Marie Yillafana 500 S. Australian Ave, 4th Floor West Palm ReackFlorida 33401 (560 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET Gerald Lefcourt, Esq.. # OF PAGES:____________________ RE: NES. LIGC FROM: A. MARIE VILLA.FARA. Assistant U.S. Attorney PHONE NO. S61:2094047 • COMMENTS: ; HOUSE OVERSIGHT 012612 TAB 24 HOUSE OVERSIGHT 012613 09/19/2007 12:14 PM "Villafana, Ann Marie C. k(USAFLS\)" To "Jay Lefkowitz" cc bcc Subject RE: Meeting Judge Johnson has duty next week. Jay — [ hate to have to be firm about this, but we need to wrap this up by Monday. II will not miss my indictment date when this has dragged on for several weeks already and then, if things fall apart, be left in a less advantageous position than before the negotiations: [ have had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these negotiations. There has to be an ending date, and that date is Monday. A. Marie Villafaria Assistant U.S. Attorney From: Jay Lefkowitz [mailto______________________ Sent: Wednesday, September 19, 2007 11:58 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Meeting We may want to meet monday and potentially continue to tues if necessary. Which mag is on duty? -----Original Message----- From: "Villafana, Ann Marie C. \(USAFLS\)" Sent: 09/19/2007 11:51 AM AST To: Jay Lefkowitz Subject: Meeting Barry is available Monday morning. Our most flexible West Palm Beach magistrate is on duty on Monday, so, assuming we have signed documents by 1:30 or so, we should be able to get Mr. Epstein arraigned on Monday. I doubt that we will be able to get everything finished up here, get down to Miami, and try to find a Miami mag by close of business on Monday. A. Marie Villafana Assistant U.S. Attorney *********************************************************** HOUSE OVERSIGHT 012614 The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. *********************************************************** HOUSE OVERSIGHT 012615 TAB 25 HOUSE OVERSIGHT 012616 09/23/2007 08:04 PM "Villafana, Ann Marie C. To "Jay Lefkowitz" cc bcc Subject RE: Revised agreement 1 is definitely under 18 still, and I think there is a second minor. The appointment of ififfl ad !item is to provide you with a mechanism to make contact with the girls and to give them the assistance of an independent attorney who represents them (as opposed to me, who represents the government). If you are willing to provide the girls with independent counsel, at Mr. Epstein's expense (and I get to pick the attorney), that is alright with me. From: Jay Lefkowitz [mailto_________________ Sent: Sunday, September 23, 2007 6:55 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Revised agreement Will do. "4,0 do you need a guardian ad litem at all? Are any of the 40 under 18 now? -----Original Message----- From: "Villafana, Ann Marie C. \(USAFLS\)' Sent: 09/23/2007 06:52 PM AST To: Jay Lefkowitz Subject: Revised agreement Hi Jay - Can you look at this? Especially paragraph 7. I think this covers the exclusive remedy concern you had. «070923 Epstein Non-Prosecution Agreement final.pdf» *********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. *********************************************************** HOUSE OVERSIGHT 012617 TAB 26 HOUSE OVERSIGHT 012618 09/24/2007 01:27 PM 'Villafana, Ann Marie C. To "Jay Lefkowilz"______________________________________ CC "Martin Weinber" "Lourie, Andrew" "Garcia, Rolando \(USAFLS\)" bcc Subject RE: Epstein agreement as reviewed by the U.S. Attorney -,711fig...:frieg§a§6:11at beerifefW6ided Hi Jay — Sony for the delay. The U.S. Attorney had a last-minute concern, that I think I fixed it is in the first "It Appearing" clause following the list of statutes potentially violated). After you get the green light, let's discuss the potential representative. The person I am thinking of has run a preliminaiy conflicts check and it looks alright. Also, to address Mr. Epstein's concern regarding the list of names, I wanted to tell you that I have compiled a list of 34 confirmed minors. There are six others, whose names we already have, who need to be interviewed by the FBI to confirm whether they were 17 or 18 at the time of their activity with Mr. Epstein. Once those interviews are completed, I can finalize the list of identified victims, which I will put in a formal document that I will maintain until the time of Mr. Epstein's sentencing. Assuming that this agreement is fine, please execute at least three copies, and send one to me by fax and the rest by FedEx. I will execute and send the copies back. Thank you. A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 HOUSE OVERSIGHT 012619 From:Jay Lefkowitz____________________________________ Sent: Monday, September 24, 2007 11:46 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Martin Weinberg; Lourie, Andrew Subject: Re: Epstein agreement as reviewed by the U.S. Attorney Marie - Here are what I hope are final edits to the agreement. I will call in 15 min. thanks -- Jay "Villafana, Ann Marie C. VUSAFLS\)" 09/24/2007 10:13 AM To "Jay Lefkowitz" • cc Subje Epstein agreement as reviewed by the U.S. ct Attorney Hi Jay — Here is the agreement with Alex's edits. Thank you. «070924 Epstein Non-Prosecution Agreement w Acosta edits v2.pdf» A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 HOUSE OVERSIGHT 012620 D070924 Final Epstein Non-Prosecution Agreement.pdf HOUSE OVERSIGHT 012621 TAB 27 HOUSE OVERSIGHT 012622 "Villafana, Ann Marie C. To \(USAFLS1)" 09/24/2007 04:34 PM cc bcc Subject RE: Do you have a signed copy? Thank you, Jay. I have forwarded your message only to Alex, Andy, and Rolando. I don't anticipate it going any further than that. When I receive the originals, I will sign and return one copy to you. The other will be placed in the case file, which will be kept confidential since it also contains identifying information about the girls. When we reach an agreement about the attorney representative for the girls, we can discuss what I can tell him and the girls about the agreement. I know that Andy promised Chief Reiter an update when a resolution was achieved. (Something I wouldn't have promised in light of what happened last year.) Rolando is calling, but Rolando knows not to tell Chief Reiter about the money issue, just about what crimes Mr. Epstein is pleading guilty to and the amount of time that has been agreed to. Rolando also is telling Chief Reiter not to disclose the outcome to anyone. From: Jay Lefkowitz ________________________ Sent: Monday, September 24, 2007 4:06 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Do you have a signed copy? Marie - Please do whatever you can to keep this from becoming public. thanks -- Jay "Villafana, Ann Marie C. 1(USAFLS\)" 09/24/2007 04:04 PM To..Jay Lefkowitz" cc SubjectDo you have a signed copy? Fli Jay — Sorry to be a bother, but do you have a copy that at least contains Mr. Epstein's signature? I need to pass it along to the powers that be. Thanks. HOUSE OVERSIGHT 012623 TAB 28 HOUSE OVERSIGHT 012624 "Villafana, Ann Marie C. (USAFLS\)" 09/26/2007 11:01 AM To "Jay Lefkowitz" cc bcc Subject RE: Other attorneys essag a ee o Hi Jay — Can you give me a call at his morning? I am meeting with the agents and want to give them their marching orders regarding what they can tell the girls. Also, please remove Babbitt and Searcy from the list. There is too great a chance of an appearance of impropriety with Babbitt and I received a bad report about Searcy last night. Thank you. A. Marie Pilaf-a-14a Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 25, 2007 8:37 PM To: 'Jay Lefkowitz' Subject: Other attorneys Hi Jay — These four people were recommended. I have not contacted them to find out what their rates are. All are very active in the plaintiffs' bar in the West Palm area. Ted Babbitt would be my first choice of these four but I think he is conflicted out because one of his partners is married to an AUSA here. Stuart Grossman is probably my second choice. Ted Babbitt -- http://www.babbitt-johnson.com/tbabbitt.html Stuart Grossman -- http://www.grossmanandroth.com/sgrossman.htm Chris Searcy -- http://vvww.searcylaw.com/CHRISTIANDSEARCY/tabid/935/default.aspx Lake Lytal, Jr. -- http://www.lytalreiter.com/index.php?page id=37 HOUSE OVERSIGHT 012625 Talk to Jack Goldberger about this group. They are all very good personal injury lawyers, but I have concerns about whether there would be an inherent tension because they may feel that THEY might make more money (and get a lot more press coverage) if they proceed outside the terms of the plea agreement. (Sorry — I just have a bias against plaintiffs' attorneys.) One nice thing about Bert is that he is in Miami where there has been almost no coverage of this case. Just so you know, I have never met Bert, but a good friend in our appellate section and one of the district judges in Miami are good friends with him and recommended him. Can you let me know tomorrow? I am going to be out for a while starting on Friday, and I would like to get this underway before I leave. Thank you. A. Marie Villafacia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 HOUSE OVERSIGHT 012626 TAB 29 HOUSE OVERSIGHT 012627 10/05/2007 07:48 AM "Villafana, Ann Marie C. (USAFLS)" To "Jay Lefkowitz" cc bcc Subject RE: Proposed Letter to Special Master WMPRWIr EA*76-41.4gR,V' Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. If you would like to use the same Special Master to resolve fees disputes as well as to handle the selection of the attorney, I would recommend that we use retired 11th Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) I am available for a conference call between 9:00 and 10:00, and between 3:15 and 6:00. Please call me on my cell and let me know which of those times works best for you. Thank you. From: Jay Lefkowitz Sent: Wed 10/3/2007 4:26 PM To: Villafana, Ann Marie C.. (USAFLS) Subject: Re: Proposed Letter to Special Master Marie - I, too, am interested in speed. But I really need to go over this and then discuss with Jeffrey. So please do not send this to any Special Master before we discuss the next steps. Thanks -- Jay "Villafana, Ann Marie C. (USAFLS)" 10/03/2007 04:24 PM To "Jay Lefkowitz" cc Subject Proposed Letter to Special Master HOUSE OVERSIGHT 012628 Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master.pdf» A. Marie Villafafia Assistant U.S. Attorney HOUSE OVERSIGHT 012629 TAB 30 HOUSE OVERSIGHT 012630 'Villafana, Ann Marie C. To (USAFLS)" 09/27/2007 03:06 PM cc bcc Subject RE: Conference Call with Bert Ocariz , 15:ime§ageiba&beer.r:orwar. Hi Jay — I already told Bert that there is no indictment and, as I mentioned, he doesn't really need to/want to see the entire plea agreement, .just the relevant paragraphs so that he understands what the scope of his representation will be. I think they would be happy knowing that their hourly rate will be paid when it is billed. The concern is, if all 40 girls decide they want to sue, they don't want to be in a situation where Mr. Epstein says this is getting too expensive, we won' t pay any more attorneys' fees. Two suggestions, that I haven't run past Bert, are: 1. Mr. Epstein signs a standard fee agreement, where one of his attorneys or accountants who is not working on the damages litigation receives a monthly bill with attorney's fees charged at an hourly rate and costs billed monthly. The bills will have any privileged information redacted. If there is a dispute about a bill that cannot be resolved, it will be submitted to a mediator for resolution. 2. If that is too open-ended for Mr. Epstein, do the hourly/monthly billing until Berl. has had a chance to confer with all of the girls to determine how many want him to represent them. Once it is known how many girls will be represented by Bert, and maybe who those girls are, there can be a more educated discussion about estimated fees and costs. Just some food for thought. I will be out of the office tomorrow, but I will be reachable by cell Phone. I will make sure Bert is available and confirm the time with you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 From: Jay Lefkowitz __________________________ Sent: Thursday, September 27, 2007 2:53 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Conference Call with Bert Ocariz Marie - I will not be able to get back to you until tomorrow. However, some of the questions he raised cause me HOUSE OVERSIGHT 012631 some serious concern. 1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? Certainly he should not get a copy of any indictment. 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? I don't think he should get the plea agreement either. 3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? I can't imagine he would be entitled to anything other than an hourly fee. 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? In any event, I need to consider these issues carefully and I cannot agree to any of these issues before we speak. I would suggest we plan on talking tomorrow at 12 pm if you are available. Jay ----- Original Message----- From: "Villafana, Ann Marie C. (USAFLS)" Sent: 09/27/2007 10:51 AM AST To: Jay Lefkowitz Subject: Conference Call with Bert Ocariz Hi Jay — Bert's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. These are some of the questions he sent to me. I told Bert that as part of our agreement we (the federal government) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Bert just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? I envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? HOUSE OVERSIGHT 012632 3. Is there any cap or other limitation on attorneys fees that the defendant will pay in the civil case? 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 *********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postrnaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. *********************************************************** HOUSE OVERSIGHT 012633 TAB 31 HOUSE OVERSIGHT 012634 ei 2005 The Florida Bar Member Search Inside the Bar Find a Lawyer Jeffrey Marc Herman Member in Good Standing Eligible to practice in Florida ID Number: - 521647 Address: Herman & Mermelstein P A 18205 Biscayne Blvd Ste 2218 North Miami Beach, Florida 331602148 United States Phone: 305.9312200 E-Mail: jherman@hermanlaw.com County: Miami-Dade Circuit: 11 Admitted: 12/26/1985 10-Year None Discipline History Firm: erman Sloman & Mermelstein PA The Find A La directory provides limi d bask-in'topmatiorra• out attorneys licensed to practice in Florida and is provided as a public service by The Florida Bar. The information contained herein is provided "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of the data. Much of the information is provided by the attorney and it is the attorneys responsibility to review and update the ifgrmation. Publication of attorneys' contact information within this listing ST1ou1Wo e construed as their consent to receive unsolicited communications in any form. Certain unauthorized uses of this data may result in civil or criminal wyer directory is not a lawyer referral service. http://www.floridabar.orginames.nsf/All/EDE6C2013E4B06CB85256A8400091E55?Open. Page 1 of 1 HOUSE OVERSIGHT 012635 TAB 32 HOUSE OVERSIGHT 012636 JANE DOE NO. 1, by and through JANE DOE's FATHER as parent and natural guardian, and JANE DOE's FATHER, and JANE DOE's STEPMOTHER, individually, Plaintiffs, vs. JEFFREY EPSTEIN, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08 80069 MI-MARRA MAGISTRATE JUDGE YOHNSON FILED by D C INTAKE ----- JAN 24 2008 DCLELARKRUITSE: S.D. OF FLA. • FT. .L.AUb INDisADTDoary COMPLAINT Plaintiff, Jane Doe No. 1 ("Jane" or "Jane Doe"), by and through Jane Doe's Father as parent and natural guardian, and Jane Doe's Father and Jane Doe's Stepmother, individually, bring this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and. Venue 1. Jane Doe is a citizen and resident of the State of Florida. She is a minor under the age of 18 years. 2. Jane Doe's Father brings this action individuallyand as parent and natural guardian of Jane Doe. Jane Doe's Father is a citizen and resident of the State of Florida. 3. Jane Doe's Stepmother brings this action individually. Jane Doe's Stepmother is a citizen and resident of the State of Florida. 4. This Complaint is brought under fictitious names to protect the identity of the Minor Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon a HERMAN Et M ERM ELSTON P. A. -1. www.hermanlaw.com HOUSE OVERSIGHT 012637 minor. 5. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 6. This is an action for damages in excess of $50 million. 7. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 8. This Court has venue of this action pursuant to 28 U.S.C. §I391(a) as a substantial part of the events or omissions giving rise to the claim occurred in this District. Factual Allegations 9. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of tremendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St Thomas and Palm Beach, FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach. 10. Upon information and belief, Epstein has a sexual preference and obsession for underage minor girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2005, Jane Doe, then 14 years old, fell into Epstein's trap and became one of his victims. 11. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 12. An integral player in Epstein's Florida scheme was Haley Robson, a Palm Beach HERMAN 8, MERMELSTEIN, P, A. - 2 - www.hermanlaw_com HOUSE OVERSIGHT 012638 Community College student from Loxahatchee, Florida. She recruited girls ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. Under Epstein's plan, Ms. Robson would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Epstein or someone on his behalf directed Ms. Robson to bring one or more underage girls to the residence. Ms. Robson, upon information and belief, generally sought out economically disadvantaged underage girls from Loxahatchee and surrounding areas who would be enticed by the money being offered - generally $200 to $300 per "massage" session - and who were perceived as less likely to complain to authorities or have credibility if allegations of improper conduct were made. This was an important element of Epstein's plan. 13. Epstein's plan and scheme reflected a particular pattern and method. Upon arrival. at Epstein's mansion, Mr. Robson would introduce each victim to Sarah Kellen, Epstein's assistant, who gathered the girl' s personal information, including her name and telephone number. Ms. Kellen would then bring the girl up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. There were photographs of nude women lining the stairway hall and in the bedroom. Ms. Kellen would then leave the girl alone in this room, whereupon Epstein would enter wearing only a towel. He would then remove his towel, lay down naked on the massage table, and direct the girl to remove her clothes. He then would perform one or more Iewd, lascivious and sexual acts, including masturbation and touching the girl's vagina with a vibrator. 14. Consistent with the foregoing plan and scheme, Ms. Robson recruited Jane Doe to give Epstein a massage for monetary compensation. Ms. Robson brought Jane to Epstein's mansion in Palm Beach. Jane was introduced. to Sarah Kellen, who led her up the flight of stairs to the room with the massage table. She was alone in the room when Epstein arrived wearing only a towel. He HERMAN X...-. MERMEL.STEIN, P. A. - 3 - www.hermanlaw.com HOUSE OVERSIGHT 012639 removed his towel, and laid down naked on the massage table. He dtalanded that Jane remove her clothes. In shock, fear and trepidation, Jane complied, removing her clothes except for her underwear. Epstein then sexually assaulted Jane. 15. After Epstein had completed the assault, he left the room. Jane was then able to get dressed, leave the room and go back down the stairs. She then met Ms. Robson again who brought Jane home. Jane was paid $300 by Epstein. Ms. Robson was p aid $200 by Epstein for bringing Jane to him. 16. As a result of this encounter with Epstein, the 14-year old Jane experienced confusion, shame, humiliation, embarrassment and the assault sent her life into a downward spiral. COUNT I Sexual Assault 17, Plaintiff Jane Doe by and through her Father, as parent and natural guardian, repeats and realleges paragraphs I through 16 above. 18. Epstein tortiously assaulted Jane Doe sexually in or about 2005. 19. This sexual assault was in violation of Chapter 800 of the Florida Statutes, which recognizes as a crime the lewd and lascivious acts committed by Epstein upon Jane. 20. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doe, by and through her Father, as parent and natural guardian, demands judgment against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. HERMAN 6, MERMELSTEIN, P. A. - 4 - www.hermaniaw.com HOUSE OVERSIGHT 012640 COUNT II Intentional Infliction of Emotional Distress 21. Plaintiffs Jane Doe by and through her Father, as parent and natural guardian, Jane Doe's Father and Jane Doe's Stepmother, individually, repeat and reallegeparagraphs 1 through 16 above. 22. Epstein's conduct was intentional or reckless. 23. Epstein's conduct was outrageous, going beyond all bounds of decency. 24. Epstein's conduct caused severe emotional distress not only to Jane Doe, but also to her parents, Jane Doe's Father and Jane Doe's Stepmother. Epstein knew or had reason to know that his intentional and outrageous conduct would cause emotional trauma and damage to Jane Doe's parents. 25. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe, Jane Does' Father and Jane Doe's Stepmother have suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiffs Jane Doe by and through her Father, as parent and natural guardian, Jane Doe's Father and Jane Doe's Stepmother demand judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court deems just and proper. COUNT LEI Loss of Parental Consortium 26. Plaintiff Jane Doe's Father repeats and realleges paragraphs 1 through 16 above. 27. Epstein's tortious conduct is the direct and proximate cause of damages to Jane Doe's Father, consisting of parental loss of comfort, companionship and society and healthcare costs HERMAN & MERMELSTEIN, F'. A. - 5 - www.hermanlaw.com HOUSE OVERSIGHT 012641 associated with the treatment of J ane. 28. Jane Doe's Father experienced and will continue to experience great mental anguish, pain and suffering from the time that Defendant's tortious conduct occurred. WHEREFORE, Plaintiff Jane Doe's Father demands judgment for loss of consortium damages, costs and such other and further relief as this Court deems proper. JURY TRIAL DEMAND Plaintiffs demand a jury trial in this action. Dated: January c24, 2008 Respectfully submitted, HERMAN & MERMELSTEIN, P. A. - 6 - HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 By: Je M. Herman j erman@herrnanlaw.com Florida Bar No. 521647 Stuart S. IViermelstein smermelstein@hermanlaw.com Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 ahorowitz@hen-nanlaw.cora www.hermanlaw.com HOUSE OVERSIGHT 012642 HOUSE OVERSIGHT 012643 I of 6 Case 9:08-cv,80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 JANE DOE NO. 3, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 1) FIR2061 1 la D.C. ELECTRIC March 5, 2008 STEVEN M. LARIMORE CLERK U.S. 01ST. CT. S. D. OF FLA. • MIAMI CASE NO.: 08-CV-80232-Marra-Johnson COMPLAINT Plaintiff, Jane Doe No.3 ("Jane" or "Jane Doe"), brings this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and Venue 1. Jane Doe is a citizen and resident of the State of Florida, and is sui juris. 2. This Complaint is brought under a fictitious name to protect the identity of the Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon her when she was a minor. 3. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 4. This is an action for damages in excess of $50 million. 5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 6. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a substantial part of the events or omissions giving rise to the claim occurred in this District. HERMAN & MERMELSTEIN, P. A. - 1 - www.hermaniaw.com HOUSE OVERSIGHT 012644 Case 9:08-cv-80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 Page 2 of 6 Factual Allegations 7. At all relevant times, Defendant Jeffrey Epstein ("Epstein") was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of ti-emendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, FL. The allegations herein concern Epstein's conduct while at his lavish estate in Palm Beach. 8. Upon information and belief, Epstein has a sexual preference and obsession for underage minor girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2004-2005, Jane Doe, then 16 years old, fell into Epstein's trap and became one of his victims. 9. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 10. An integral player in Epstein's Florida scheme was Haley Robson, a Palm Beach Community College student from Loxahatchee, Florida. She recruited girls ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. Under Epstein's plan, Ms. Robson would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Epstein or someone on his behalf directed Ms. Robson to bring one or more underage girls to the residence. Ms. Robson, upon information and belief, generally sought out economically disadvantaged underage girls from Loxahatchee and surrounding areas who would be enticed by the money being offered - generally $200 to $300 per "massage" session - and who were perceived as less likely to complain to authorities or have credibility if allegations of HERMAN & MERMELSTEIN, P. A. 2 of 6 - 2 - www.hermanlaw.com HOUSE OVERSIGHT 012645 Case 9:08-cv-80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 Page 3 of 6 improper conduct were made. This was an important element of Epstein's plan. 11. Epstein's plan and scheme reflected a particular pattern and method. Upon arrival at Epstein's mansion, the victim would be brought to the kitchen. She would then be led up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. Once the girl was alone in this room, Epstein would enter wearing only a towel to cover his private area. He then would lay down on the massage table and perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl sexually. 12. Consistent with the foregoing plan and scheme, Ms. Robson recruited Jane Doe to give Epstein a massage for monetary compensation. Ms. Robson brought Jane to Epstein's mansion in Palm Beach. Jane was led up the flight of stairs to the room with the massage table. She was alone in the room when Epstein arrived wearing a towel to cover his private parts. He laid down on the massage table, and sexually assaulted Jane Doe during the massage. In addition, Jeffrey Epstein masturbated during the massage. 13. After Epstein had completed the assault, he left the room. Jane was then able to leave the room and go back down the stairs. She then met Ms. Robson again who brought Jane home. Jane was paid $200 by Epstein. Ms. Robson was also paid by Epstein for bringing Jane to him. 14. As a result of this encounter with Epstein, the 16-year old Jane experienced trauma, shock, confusion, shame, humiliation and embarrassment. COUNT I Sexual Assault 15. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 16. Epstein tortiously assaulted Jane Doe sexually in or about 2004-2005. Epstein's acts were intentional, unlawful, offensive and harmful. HERMAN St MERMELSTEIN, P. A. 3 of 6 - 3 - wvvw.hermanlaw.com HOUSE OVERSIGHT 012646 Case 9:08,cv-80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 Page 4 of 6 17. Epstein's plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously. 18. This sexual assault was in violation of Chapter 800 of the Florida Statutes, which recognizes as a crime the lewd and lascivious acts committed by Epstein upon Jane. 19. As a direct and proximate result of Epstein's assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doe, demands judgment against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. COUNT II Intentional Infliction of Emotional Distress 20. Plaintiffs Jane Doe repeats and realleges paragraphs 1 through 14 above. 21. Epstein's conduct was intentional or reckless. 22. Epstein's conduct was outrageous, going beyond all bounds of decency. 23. Epstein's conduct caused severe emotional distress to Jane Doe. Epstein knew or had reason to know that his intentional and outrageous conduct would cause emotional trauma and damage to Jane Doe. 24. As a direct and proximate result of Epstein's intentional or reckless conduct, Jane Doe has suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiff Jane Doe demands judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court HERMAN & MERMELSTEIN, P. A. 4 of 6 - 4 - www.hermanlaw.com HOUSE OVERSIGHT 012647 Case 9:08-cv-80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 Page 5 of 6 deems just and proper. JURY TRIAL DEMAND Plaintiffs demand a jury trial in this action. Dated: March 2008 HERMAN Eu. MERMELSTEIN, P. A. -5- 5016 Respectfully submitted, HERMAN 84. MERMELSTEIN, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 By: Jeffrey M. Herman iherman@hermanlaw.com Florida Bar No. 521647 Stuart S. Menrielstein smermelsteinP,hermanlaw.com Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 ahorowitz(@,hen-nanlaw.com www.hermanlaw.com HOUSE OVERSIGHT 012648 Case 9:08-cv-80232-KAM DocunGM111- CqVggcM1=14LED Docket 03/95/S008 Page 6 of The JS-44 civil cover sheet and the Information contained herein neither replace nor supplement the filing, and service o p ea ng or other paps as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of the Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) 1(a) PLAINTIFFS DEFENDANTS JANE DOE NO. 3, JEFFREY EPSTEIN (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF PALM BEACH COUNTY (EXCEPT IN U.S. PLAINTIFF CASES) COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW YORK (IN U.S. PLAINTIFF CASES ONLY) (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Herman & Mermelstein, PA., 18205 Biscayne Blvd., Suite 2218, Miami, FL 33160, (365) 931-2200 ATTORNEYS (IF KNOWN) (d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH II. BASIS OF JURISDICTION (PLACE AN X ONE BOX ONLY) o 1. U.S. Government Plaintiff 0 2. U.S. Government Defendant III) 0 3. Federal Question (U.S. Government Not a Party) X 4. Diversity (Indicate Citizenship of Parties in Item CIOPCJI/ 90232 le-f9171-f)0 n*f., III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity Case Only) PTF Citizen of This State x 1 Citizen of Another State 0 2 DEF CI 1 x 2 Citizen or Subject of a Foreign Country 0 3 0 3 PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE FOR DEFENDANT PTF DEF Incorporated of Principal Place of 0 4 0 4 Business in This State Incorporated and Principal Place of 0 5 0 5 Business in Another State Foreign Nation 0 6 0 6 IV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) DIVERSITY ACTION UNDER 28 U.S.C. §1332(a) FOR SEXUAL ASSAULT !Va. 5 days estimated (for both sides) to try entire case V. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) A CONTRACT A TORTS B FORFEITURE PENALTY A BANKRUPTCY A OTHER STATUS 0 110 Insurance CI 120Marine 0 130Miller Act 0 140Negoliable Instrument , a tooRmv'Y ar °ver"Iffnen' & Enforcement of Judgment 0 15184edlcare Am 0 152Recoveryof Defaulted Student Loans (Excl. Veterans)B CI 153 Recovery of Oyerpayment of Veteran's Bane% El . 0 150Stockholderb Sults 0 1DOOther Contract 0 1135Contrast Product Llabildy ... PERSONAL 0 310 Airplane 0 315 Airplane 0 320 AssaiAL 0330 Federal a 0 345 0 350 Moto 0 355 Motor X 360 Other INJURY 0 382 Personal InjuntMed Malpractice Product Liability 0 365 Personal Injury-Product' Liablity Libel & Slander 0 368 Asbestos Personnel EMPiCl.re OabffitY !rimy Product Uabilky Product Uabilky PERSONAL PROPERTY ehIcle gide Product Llabilky 0 370 Other Fraud arsenal Injury 0 371 Truth in Lending B 0 380 Other Personnel Property Damage 0 385 Properly Damage Product Llabkly 0 810 Agriculture 0 820 Other Food & Om 0 825 Drug Related Seizure of Property 21 USC 881 0 630 Liquor LaVIS 0 840 R.Ft. & Truck 0 650 Aldine Rees 0 880 Occupational Safely/Health 0 800 Other 0 422 Appeal 28 USC 158 0 423 Withdrawal 28 USC 157 0 400 Status ReappotnIment 0 410 Antitrust 0 430 Banks and Banking 0 400 Commerce/ICC Ralesretc.13 0 460 Deportation o 470 Racketeer Influenced and Cermet OggenicaCons 0 810 Selective Service 0 850 Securities/Commodities/ Exchange CI 875 Customer Challenge 12USC3410 0 801 Agricultural Acts 0 Beg Economic Stater-393n Act 0 853 Envinonmental Matters 0 BIM EMMY/W=059AF, 0 695 Freedom of Inforrnalbn Act 0 BOO Appeal of Fee Determination Under Equal Access to Justice 0 050 Congitutionalkyof Stale Statutes 0 890 Myer Statutory Actions' • A Or 8 Declaratory relief and stale law claims for delemalion n 0 A PROPERTY RIGHTS 0 820 Copyrights 01130 Patent 0 IMO Trademark B SOCIAL SECURITY 0851 H1A (139510 0 862 Black Lung (13231 0 863 DIWCJDNVW (405(9D CI 864 SS1D TAM XVI 0 665 RSI (405(g)) A REAL PROPERTY A CIVIL RIGHTS 13 PRISONER PETITIONS A LABOR 0 210 Land Condemnation 0 220 Foreclosure B CI 230 Rent Lease & Electment 0 240 Torts to Land 0 245 Tort Product Liability 0 MO All Other Real Property CI 441 Voting 0 442Employment 0 443Housing/Accommodations 0 444 Welfare 0 4400thar CFA Rights 0 510Motions to Vacate Sentence Habeas Carew 0 5300eneral. 0 535130016 Penalty 0 540 Mandamus & Wet 0 550CMI Rights 'A or B 5710 Fat Labor Standards Act 0 720 Labor Management Relations B 0 730 Labor Management Reporting & Disclosure Act 0 740 Railway Labor Acl 0 700 Other Labor Litigation o 791 Employee Rel. Inc. Security Acts A FEDERAL TAX SUITS 0 870 TOWS (U.S. PloinlIff or °denoted) 0 871 IRS-TI/ad Party 26 USC 7890 FILED bv VI. ORIGIN x 1. Original 0 2. Removed from 0 3. Remanded from 04. Refilled 0 6. Multidistrict Litigation 0 7. Appeal to District Judge from Proceeding State Court Appellate Court 0 5. Transferred from another district (Specify) Magistrate Judgment VII. REQUESTED IN COMPLAINT 0 UNDER F.R.C.P. 23 CHECK IF THIS IS A 0 CLASS ACTION DEMAND $ 0 Check complaint JURY DEMAND: MAR - 5 2008 cCitLA,,RK.E.N.C:. 0M ;Aar) njT. 5.0 Mal *qua Y S 0 NO VIII. RELATED (See Instructions): (SEE ATTACHED) CASE(S) IF ANY Jane Doe 2 v. Jeffrey Epstein JUDGE KENNETH A. MARRA DOCKET NUMBER 08-CV-60119-MARRA-JOHNSON DATE 3 - -0 t SIGNATURE OF ATTORNEY OF RECORD UNITED STATES DISTRICT COURT S/F 1-2 REV. 9194 6 of 6 FOR OFFICE USE ONLY: Receipt No.__________________ Amount Date Paid: _______________________ M/ifp:__________________________ 52/R6/1 HOUSE OVERSIGHT 012649 TAB 33 HOUSE OVERSIGHT 012650 Another suit alleges sex during massage Page 1 of 2 PairalleachPost,com Another suit alleges sex during massage By i,ARRY KELLER Palm Beach Post Staff Writer Thursday, March 06, 2008 WEST PALM BEACH — Another woman filed a federal lawsuit against Jeffrey Epstein on Wednesday, alleging that he turned a massage she gave him at his Palm Beach mansion into a sexual episode when she was 16 years old. Identified as "Jane Doe No. 3," she is seeking more than $50 million, the same as two other "Jane Does" who filed similar lawsuits in the past six weeks. All three suits were filed by Miami lawyer Jeffrey Herman. G___PRINTTHIS More crime coverage Most recent headlines Fugitives I Sex offenders crime blog OSt • Browse Specials Sc Deals From Load Dealerships Herman subsequently withdrew the first Jane Doe's lawsuit because of squabbling by her parents over the litigation. The girl may refile the suit after she turns 18 in May and can make her own decisions, Herman said. More local news Other alleged victims also have contacted him, Herman said. "I do anticipate more Latest breaking news., photos and all of today's Post stories, cases," he said. Share This Story In the latest litigation, Jane Doe No. 3 alleges that she was recruited by a former college student, Haley Robson, to give Epstein a massage for money at his waterfront home late in 2004 or early in 2005. The lawsuit alleges that, while on the massage table, Epstein sexually touched Jane Doe No. 3, then masturbated. She is suing on grounds of sexual assault and intentional infliction of emotional distress. "She felt intimidated. She felt scared," Herman said. Jane Doe No. 3 made only the one visit to Epstein's home, he said. "It's just another copycat lawsuit filed by the same lawyer who appears less interested in the truth than in grandstanding with these press conferences," said Jack Goldberger, one of Epstein's attorneys. "We now have sworn testimony that girls lied about their age to Jeffrey Epstein, and they were careful in being http://pahnbeachpost.printthis.clickability.com/pt/cpt?action=cpt&title=Another+suit+alleg... 4/2/2008 HOUSE OVERSIGHT 012651 Another suit alleges sex during massage Page 2 of 2 convincing that they were over the age of 18." Herman said Robson instructed Jane Doe No. 3, "When he asks how old you are, tell him 18 or 19 years old." But he said it doesn't matter. "They were underage girls," Herman said. "They were sexually assaulted." In addition to the civil lawsuits, Epstein was indicted on a single count of felony solicitation of prostitution in July 2006 after a lengthy Palm Beach Police Department investigation into his activities with underage girls at his home. A resolution has been delayed continually. The case is on Monday's court docket but is expected to be rescheduled once again. "One of the reasons (Jane Doe No. 3) came forward is she is tired of waiting for justice," Herman said. Find this article at: http://www.palmbeachpost.com/localnews/content/local_news/epaper/2008/03/06/s3b_epstein_0306.html? cxtype=rss&cxsvc=78xxcat=76 Check the box to include the list of links referenced in the article. http://palmbeachpost.printthis.clickability.com/pt/cpt?action=cpt&title=Another-Fsuit+alleg... 4/2/2008 HOUSE OVERSIGHT 012652 TAB 34 HOUSE OVERSIGHT 012653 Jay, Jay Lefkowitz/New York/Kirkland-Ellis Sent by: Kristin Andersen/New York/Kirkland-Ellis 12/12/2007 04:20 PM To Ami Sheth/New York/Kirkland-Ellis@K&E cc Eugene Komel/New York/Kirkland-Ellis@K&E bcc Subject Fw: Epstein — Forwarded by Kristin Andersen/New York/Kirkland-Ellis on 12/12/2007 04:19 PM "Sloman, Jeff USAFLS" 11/27/2007 01:55 PM To "Jay Lefkowitz" cc "Acosta, Alex (USAFLS)" Subject Epstein Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge Davis' selection, I'd like to make a few observations. First, Guy Lewis has known for some time that Judge Davis was making reasonable efforts to secure Aaron Podhurst and Bob Josephsberg for this assignment. In fact, when I told you of Judge Davis's selection during our meeting last Wednesday, November 2l4, you and Professor Dershowitz seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long-standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting process come to an end. Therefore, unless you provide me with a good faith objection to Judge Davis's selection by COB tomorrow, November 28, 2007, I will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29'1. Thanks, Jeff HOUSE OVERSIGHT 012654 TAB 35 HOUSE OVERSIGHT 012655 KIRKLAND &ELLIS LLP AND AFFILIATED PARTNERSHIPS 777 South Figueroa Street Los Angeles, California 90017 Kenneth W. Starr To Call Writer Directly: www.lcirkland.com November 28, 2007 VIA FACSIMILE Honorable Alice S. Fisher Assistant Attorney General Department of Justice Criminal Division 950 Pennsylvania Avenue NW Room 2107 Washington, DC 20530 Re: Jeffey Epstein Dear Ms. Fisher: Facsimile: (213) 680-8500 I represent Jeffrey Epstein, who, as you may be aware, was the target of a dual investigation by both state and federal authorities in Florida for acts relating to his interactions with numerous young women. As you may also be aware, Mr. Epstein has entered into a Deferred Prosecution Agreement (the "Agreement") with the United States Attorney's Office for the Southern District of Florida (the "USAO") to resolve its criminal investigation of him. I run writing to. request a meeting with you to discuss certain aspects of this case that I find especially troublesome. As part of the agreement Mr. Epstein was required to sign to avoid a federal indictment, Mr. Epstein was required to waive jurisdiction and liability under 18 U.S.C. §2255 for the settlement of monetary claims that might be made by it group of unidentified alleged victims who will be identified by the USA() at some point in the future. Neither I, nor any of the other defense lawyers involved in this matter, have ever heard of such a procedure. And as part of this Agreement, Mr. Epstein is precluded from contesting liability as to civil lawsuits seeking monetary compensation for damages brought by any of the identified individuals who elect to settle their civil claims for the statutory minimum of either $50,000 (the amount set by Congress as of the date of the occurrences) or $150,000 (the amount currently set by statute) or some other agreed upon damage amount. We believe that the utilization of 18 U.S.C. § 2255 as a pre- condition of criminal plea agreements or non-prosecution agreements is highly unusual and requires careful consideration and additional guidance by your Office. We also believe that the Chicago Hong Kong London Munich New York San Francisco Washington, D.C. HOUSE OVERSIGHT 012656 IURKLAND 8.. ELLIS Honorable Mice S. Fisher November 28, 2007 Page 2 manner in which the USAO has interpreted the settlement process for these identified individuals under the Agreement requires guidance. These areas are more fully detailed below.* First. Federal criminal investigators and prosecutors should not be in the business of promoting civil lawsuits as a condition precedent to entering non-prosecution or deferred prosecution agreements. This is especially true where the vehicle for the financial settlement under the Agreement requires payment in a lump sum without requiring proof of actual injury or loss — federal authorities should therefore be particularly sensitive to avoid causing a prejudiced and unfair result. 18 U.S.C. § 2255 is a civil statute implanted in the criminal code; in contrast to all other criminal restitution statutes, § 2255 fails to correlate payments to specific injuries or losses. Instead, the statute presumes that victims have sustained damages of at least a minimum lump sum without regard to whether the complainants suffered actual medical, psychological or other forms of individualized harm. We presume that it is for this reason that 18 U.S.C. § 2255 has never before been employed in this manner in connection with a non-prosecution or, as here, a deferred prosecution agreement. In short, the USAO is operating in uncharted territory. Second. 18 U.S.C. § 2255 creates the potential for compromising witness testimony. Although generally the Government may promise or provide traditional consideration to potential witnesses, employing a civil statute that promises a lump sum payment to potential witnesses without proof of actual liability or damage provides an extraordinary incentive that is incompatible with the truth-seeking functions of the criminal justice system. Guidelines or other policy directives should be considered to control the extent to which witnesses are informed by investigators about the availability of such financial windfalls. Additionally, an inquiry is necessary in this specific case to assure that disclosures to potential witnesses did not undermine the reliability of the results of the federal criminal investigation of Mr. Epstein. Third. The USA() has provided no information as to the specific claims made by each identified individual, nor were we provided the names or ages of those individuals or the time-frame of the alleged conduct The USAO's reluctance to provide Mr. Epstein with any information with respect to the allegations against him leaves wide open the opportunity for misconduct by federal investigators. In addition, this information vacuum eliminates the ability for Mr. Epstein and/or his agents to verify that the allegations at issue are grounded in real evidence. Indeed, the requirement that a target of federal criminal prosecution agree to waive his right to contest liability as to unnamed civil complainants creates at minimum an appearance of injustice, both because of the obvious Due Process concerns of waiving rights without notice of * In addition to the areas identified below, it was and remains our position that federal prosecution of this matter is entirely inappropriate based on the prior application and legislative histories of the relevant federal statutes. HOUSE OVERSIGHT 012657 KIRKLAND &ELLIS Honorable Alice S. Fisher November 28, 2007 Page 3 even the identity of the complainant(s) and because of the involvement of the federal criminal justice system in civil settlements between private individuals. Fourth. The USA() has improperly insisted that the chosen attorney representative should be able to litigate the claims of individuals, which violates the terms of the Agreement and deeply infringes upon the spirit and nature of the Agreement. Initially, for the sake of expediting a settlement in this matter, we suggested that Mr. Epstein establish a restitution fund specifically for the settlement of the identified individuals' civil claims and that an impartial, independent representative be appointed to administer that fund. Notably, such a restitution fund was created in a federal case, U.S. v. Boehm, Case No. 3:04CR00003 (D Alaska 2004). The federal prosecutors here rejected this idea, and they insisted that an attorney representative, paid for by Mr. Epstein, be appointed. Yet, there was no suggestion at the time that the attorney representative's duties included litigating claims on behalf of the identified individuals. However, after the parties agreed to the appointment of an attorney representative, the prosecutors announced that the criteria for choosing an appropriate attorney representative now included that the individual be "a plaintiff's lawyer capable of handling multiple lawsuits against high profile attorneys." This interpretation of the scope of the attorney representative's role is far outside the common understanding that existed when we negotiated Mr. Epstein's settlement with the USAO. Furthermore, we firmly believe that ethics rules preclude the representative from litigating claims on behalf of the identified individuals. In sum, we believe that the actions undertaken in this matter by the USA() with respect to the 18 U.S.C. § 2255 provisions of the Agreement are highly unusual. We respectfully request a meeting with you at your earliest convenience to discuss the important issues raised by the USAO's conduct in this deeply policy-laden matter. Sincerely, id. Q2 Kenneth W. Starr - HOUSE OVERSIGHT 012658 11/28/07 WED 09:19 FAX 1 213 680 8500 KIRKLAND&ELLIS LLP TRANSMISSION OK ********************* *** T1 REPORT *** ********************* TX/RX NO 1638 CONNECTION TEL 912025149412 SUDADDRESS CONNECTION ID ST. TIME 11/28 09:17 USAGE T. 01'57 PGs. 4 RESULT OK Igj col MRKLAND &ELLIS LLP Fax Transmittal 777 South Figueroa Street Los Angeles, Califomia 90017 Phone: (213) 680-8400 Falc (213) 680-8500 • Please notify us immedlately•if any pages are not received. • THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY • BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY Fog THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: (213) 680-8400. To: Company: Hon. Alice S. Fisher Department of Justice From: Date: Pagiesviecover: Kenneth V/. Starr • November 28, 2007. 4 Message: HOUSE OVERSIGHT 012659 TAB 36 HOUSE OVERSIGHT 012660 'Villafana, Ann Marie C. (USAFLS)" 11/28/2007 04:46 PM To cc bcc Subject is message has been replie "Jay Leficowilz" "Sloman, Jeff (USAFLS)" "Acosta, Alex (USAFLS)" Epstein: Victim Notification Letter to nc fetitiare(e. Dear Jay: Jeff asked that I forward the victim notification letter to you. It is attached. Thank you. «Victim Notification Ltr.pdf» A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 DVictim Notification Ltr.pdf HOUSE OVERSIGHT 012661 7 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 November 29, 2007 DELIVERY BY HAND Miss Re: Crime Victims' Rights — Notification of Resolution of Epstein Investigation Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act of 2004 and other federal legislation, including: (1) 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. I am writing to inform you that the federal investigation of Jeffrey Epstein has been completed, and Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. •Mr....Ep.stein.agrees that he willTlead guilty to two state offenses, including the offense of soliciting minors to engage in promtution, which will require him to register as a sexual predator for the remainder of his life. HOUSE OVERSIGHT 012662 MISS___________________ NOVEMBER 29, 2007 PAGE 2 Second, Mr. Epstein has agreed to make a binding recommendation of 18 months' imprisonment to the state court judge who sentences him. Mr. Epstein will serve that sentence of imprisonment at the Palm Beach County Jail. Tj140 Mr. Epstein has agreed that he will not contest jurisdictien oi habibty4f you elect to Awkofrom him because the United States has identified you as a minor victim of certain federal offenses, including travel in interstate commerce to engage in prostitution with minors and the use of facilities of interstate commerce to induce minors to engage in prostitution. To assist you U.S.in making such a claim, the Attorney's Office has asked an independent Special Master to select attorneys Those attorneys are iriciaNna.Ntrand Robeit ("Bob) i'it4its#,Ogiwith the law firm of Podhurst Orseck, PA. They can be reached:at(305)358;280.Q., anticipate that someone from their law firm will be contacting you shortly. TiiiiigiffitiAdkikleitt that you are not obligated to use these attorneys. In fact, you have the absolute right to select your own attorney, so you can decide not to speak with Mssrs. Podhurst/ Tosefsberg at all, or you can speak with them and decide at any time to use a different attorney. :Tfyou do decide to seek damages from Mr. Epstein and you decide to use lessrs Podhurst/Josefsbeig asyour attorneys Mr Epstein will be , attorney1eesi:incurred during the time spent trying to negotiate a settlement. If you are unable to reach a settlement with Mr. Epstein, you and Mr. Josefsberg can discuss how best to proceed. As I mentioned above, as part of the resolution of the federal investigation, Mr. Epstein has agreed to plead guilty to state charges. Mr. Epstein's change of plea and sentencing will occur on December 14, 2007, at________a.m., before Judge Sandra K. McSorley, in Courtroom 11F at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k) and 921.143 (1) you ale tigittagglitPiRabajda0 a statement under oath If you choose, you can submit a written statement under oath which will be filed by the State Attorney's Office on your behalf. If you elect to prepare a written statement, it should address the following: the facts of the case and the extent of any harm, including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, and any matter relevant to an appropriate disposition and sentence. Fl. Stat. 921.143(2). You also are entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program. To receive such notification, please provide the State Attorney's Office with the following information: 1. Your name 2. Your address 3. Your home, work, and/or cell phone numbers HOUSE OVERSIGHT 012663 MISS___________________ NOVEMBER 29, 2007 PAGE 3 4. Your e-mail address 5. A notation of whether you would like to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this system, your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investigation. If you have any