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Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 42 of 348 other things, prohibit anyone from being present while grand jurors deliberate and vote, and proscribe the release of the notes, records, and transcripts of a grand jury.’ D. PBPD Chief Reiter Becomes Concerned with the State Attorney’s Office’s Handling of the State Investigation and Seeks a Federal Investigation In 2006, PBPD Chief Reiter perceived that Krischer’s attitude had changed and, according to Reiter’s statements in his 2009 deposition, Krischer said that he did not believe the victims were credible. Reiter was disturbed when Krischer suggested that the PBPD issue a notice for Epstein to appear in court on misdemeanor charges, leading Reiter to begin questioning Krischer’s objectivity and the State Attorney’s Office’s approach to the case. As Reiter explained in his deposition: This was a case that I felt absolutely needed the attention of the State Attorney’s Office, that needed to be prosecuted in state court. It’s not generally something that’s prosecuted in a federal court. And I knew that it didn’t really matter what the facts were in this case, it was pretty clear to me that Mr. Krischer did not want to prosecute this case. On May 1, 2006, Reiter submitted to Krischer probable cause affidavits and a case filing package relating to Epstein, one of his personal assistants, and a young local woman whom Epstein first victimized and then used to recruit other girls. In his transmittal letter, which was later made public, Reiter criticized Krischer, noting that he found the State Attorney’s Office’s “treatment of these cases [to be] highly unusual.”!© Reiter urged Krischer “to examine the unusual course that your office’s handling of this matter has taken” and to consider disqualifying himself from prosecuting Epstein. !” it. THE FBI AND THE USAO INVESTIGATE EPSTEIN, AND THE DEFENSE TEAM ENGAGES WITH THE USAO A. May 2006 — February 2007: The Federal Investigation Is Initiated, and the USAO Opens a Case File In early 2006, a West Palm Beach FBI Special Agent who worked closely with AUSA Ann Marie Villafafia on child exploitation cases—and who is referred to in this Report as “the case agent”—mentioned to Villafafia in “casual conversations” having learned that the PBPD was investigating a wealthy Palm Beach man who recruited minors for sexual activity. The case agent told Villafafia that the PBPD had reached out to the FBI because the State Attorney’s Office was considering either not charging the case or allowing the defendant to plead to a misdemeanor 15 Fla. Stat. § 905.27 (2007). 16 See Larry Keller, “Palm Beach chief focus of fire in Epstein case,” Palm Beach Post, Aug. 14, 2006. " As noted, Krischer generally declined in his OPR interview to explain his office’s prosecutive decisions; however, regarding allegations of favoritism to Epstein’s defense counsel, Krischer told OPR, “I just don’t play that way.” 16 DOJ-OGR-00003218