EFTA00179399.pdf

Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA IN RE: OPERATION LEAP YEAR Federal Grand Jury, 07-103 West Palm Beach, Florida May 8, 2007 APPEARANCES: a ESQUIRE Assistant United States Attorney Foreperson TESTIMONY OF EFTA00179399 Page 2 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The sworn testimony of was taken before the Federal Grand Jury, West Palm Beach Division, West Palm Beach, Palm Beach County, State of Florida, on the 8th day of May, 2007. Philip w. May, Court Reporter, was authorized to and did report the sworn testimony. EFTA00179400 Page 3 (The witness entered the grand jury room.) having been duly sworn by the grand jury foreperson, was examined and testified on her oath as follows: 5 6 7 BY Q EXAMINATION Could you start by reminding us of your name and 8 where you're employed. 9 A 10 . I work for the FBI here in West 11 Palm Beach on their violent crimes squad. 12 Q And you are one of the case agents in Operation 13 Leap Year? 14 A Yes, I am. 15 Q Did you recently participate in an interview of 16 ? 17 A Yes. 18 Q Can you tell us date of birth? 19 A was born on July 26, 1988. 20 Q And you spoke with her recently? 21 A Yes, we did. 22 Q So she was 18 at the time of the interview? 23 A Yes, I believe she was. 24 Q Who is 25 A was identified by the Palm Beach EFTA00179401 Page 4 1 Police Department as one of the girls who had frequented 2 Mr. Epstein's house. 3 Q How exactly did the Palm Beach Police Department 4 determine that she was one of those girls? 5 A When they did their search warrant at 6 Mr. Epstein's residence, some message pads were obtained 7 at his residence, and they had several calls from a girl 8 named , and phone numbers. So they were able to 9 track back those messages back to 10 Q Did the Palm Beach Police Department try to 11 interview 7 12 A They did. 13 Q Did she agree to speak with them? 14 15 and that she would not say anything positive or negative 16 about what occurred. 17 Q After the FBI became involved in this 18 19 20 21 22 23 24 25 A No. She stated that she loved Jeffrey Epstein, investigation, did you try to interview A We did, as well, with no such luck, as well. Q How long ago was it that you first made contact with A It was back in November of '06. Q Did you try to serve her with a subpoena issued on behalf of this grand jury? A Yes, we did. EFTA00179402 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What happened? A She refused service of the grand jury subpoena. But she was notified of when her appearance was expected here, and a subpoena was left with her. Q After that, did she obtain an attorney? A Yes, she did. Q Who was that? A Jim Eisenberg. He's a well-known defense attorney here in West Palm Beach. Q Who paid for that attorney? A Mr. Epstein is paying for attorney. Q Now once secured the attorney, did she agree to be interviewed? A Yes, she did, after she was granted 6001 immunity. She requested immunity. Q Did the justice department authorize that grant of immunity? A Yes, they did. Q After that, did she agree to be interviewed? A Yeah. It was only after she was given that immunity that she would talk with us. Q When did the interview take place? A It took place at the end of April of this year, so just a few weeks ago. Q Who was present at that interview? EFTA00179403 Page 6 A Myself; my partner, agent ; the AUSA, 2 3 4 5 6 7 8 9 was told that Mr. Epstein preferred them to be topless, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and she agreed to go to his house to give him a massage. Q How old did tell you she was at that time? A She stated she was 16 when she first started giving Mr. Epstein massages. Q Based upon your review of the evidence, is that correct? A No. We have phone records where (phonetic), Mr. Epstein's assistant, is contacting on her cell phone, or using her cell phone to call cell phone starting in April of 2004, which makes 15. Q So she said that she was 16, but your evidence shows that she was 15, and she said that she was told she could make a few bucks giving a topless massage? A Yes. her attorney, Jim Eisenberg, and his investigator; as well as Q What did tell you about Jeffrey Epstein? A She stated that she had met an individual by the name of at a party who had asked her if she II wanted to make a -few bucks by giving a man a massage. She 1 EFTA00179404 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What else did tell you? A That she went to Mr. Epstein's residence, that took her there the first time, that when she went upstairs she was paid $200 when she first got there by Then she goes upstairs, and Mr. Epstein comes in, he disrobes, puts on a towel, lays down on the massage table and she begins to massage him. She tells Epstein that she heard he likes topless massages, and he told her that he did. And she said, "Who wouldn't?" And she ended up taking off her top during the first massage. But is clear that Mr. Epstein did not at any point touch her during the massage. Q But does she admit that he touched himself? A Yes. On the second massage, Mr. Epstein asked her to leave her phone number with . Her phone number was left there. On the second massage, she returned the very next day and gave him another massage. This time, Mr. Epstein masturbated in front of her. Q Did admit that he masturbated on more than one occasion in her presence? A Yes, masturbated. And I think her term was that he "released," meaning that he ejaculated. Q How long of a period of time did tell you that she performed massages? A She wasn't able to give us a number of massages, F EFTA00179405 1 Page 8 but just said that it was a lot, and that she had been giving him massages for a year. Q You mentioned to the grand jury that 4 said that Mr. Epstein never touched her, correct? A Yes. 6 Q And she was very adamant about that? 7 A Yes, she was. 8 Q Were there other things that she was adamant 9 about in her interview with you? 10 A Well, she talked about what she would tell the 11 girls that -- and that she told Mr. Epstein that she was 12 18. I'm sorry, I take that back. She was told to say 13 that she was 18, and she told us that she had a fake I.D. 14 showing that she was 18. 15 So she passed that information along to the 16 other girls when she brought -- eventually she brought 17 other girls to perform massages, and that was one of the 18 things that she told -- she told us first that she. brought 19 18- to 20-year old girls. And then she stated that if the 20 girls lied, and they were underage, she told them that 21 they needed to tell Epstein that they were 18. 22 Q Have you been able to identify some of the girls 23 that brought to Mr. Epstein's home? 24 A Yes. 25 Q Were any of those girls over 18? EFTA00179406 Page 9 1 A No, not that we found so far. 2 Q Have any of the girls told investigators about 3 what Mr. Epstein knew about their ages? 4 A I'm sorry, say that again. 5 Q Have any of the girls who came through 6 been interviewed about what Mr. Epstein knew about 7 their ages? 8 A We did interview them regarding that, and I'm 9 not sure if he asked them. They were all told to say they 10 were 18, but not on every occasion would Mr. Epstein 11 inquire about their age. 12 Q Do you want to check your records on that? 13 A Yes, could I do that? 14 Q Yes, please do. 15 A I can tell you that one of the girls that she 16 brought -- this girl told Mr. Epstein that she was in high 17 school, and actually told him her true age, which was 18 under 18. 19 Q So what 20 really the case? 21 A No, that wasn't. Sorry. 22 Q That's all right, I just wanted to make sure 23 it's clear. 24 So told you that she had been told 25 to say she was 18, and she also told you that she had a told you about, that wasn't EFTA00179407 Page 10 1 fake I.D.? 2 A Yes. 3 Q Did she ever say that Mr. Epstein either asked 4 for her age or asked to see her I.D.? 5 6 7 8 9 10 11 12 when she was already here? 13 14 Q Were you made aware that Epstein's counsel was 15 informed that he was being investigated for traveling to 16 engage in prostitution, which means that the appointments 17 would have been made before the traveling? 18 19 20 21 22 23 24 25 A No, the topic never came up. Q Did you also ask her about how appointments were made? A Yes. She was very clear in the fact that would call her to arrange the appointments, but that would call her once Jeffrey was in town. Q So she was adamant that the calls only happened A Yes. A age and sounded coached or that she was especially adamant about? A No, I wouldn't say coached. I mean, we talked about the preferences that Jeffrey discussed, as far as which girls he would like to bring. Yes. Was there anything else, besides the issue of the issue of when the appointments were made, that Once started giving massages to Epstein, EFTA00179408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 told us that he liked different faces, so he would ask her to bring other girls. We asked her if he ever gave any preferences of what he preferred, and her response was that Epstein liked girls like her, which is thin and blond and attractive. • And how old was she at the time? A She was 15. • So thin, blonde, attractive and -- A Young, girls like her. I guess we asked if she ever made a mistake, or ever brought somebody that Mr. Epstein didn't take to. She said that she had screwed up and that she had brought a black girl to Mr. Epstein, and that Epstein was not interested in black girls. But he did pay her, and said that he wasn't a racist. He paid her the $200 for her time, but did not want her to perform a massage for him. Q And he didn't allow that girl to perform a massage? A No. Q Was there anything else that talked about in the interview that you want to share with the grand jury? A I did ask her at the end of the interview if she was in love with Mr. Epstein. She looked into the camera and said that she loved him like a friend. But then she EFTA00179409 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 kind of looked into the camera and gave a wink and a smile and said, "But with your money, I'd marry you any time, Jeffrey." Q Did she also say that she considered him to be an "awesome guy"? A Several times she referred to him as an "awesome guy". She said that the girls begged her to come and that the girls didn't have a complaint, and the girls would share with her everything that happened after the massage, and that Jeffrey never touched any of the girls. But as I informed you, we did interview some of the girls that she took, and he has touched them. Q In preparation for your testimony today, did you also speak with someone who is considered to be an expert in these cases? A Yes. Q And what is that person's name? A Ken Lanning. Q Has Mr. Lanning been qualified to testify as an expert in federal and state courts in cases that involve what he calls "compliant victims"? A Yes. Q What does he mean by the term "compliant victims"? A A compliant victim is when a victim is not EFTA00179410 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 necessarily forced into the conduct that the offender wants them to engage into, that they actually consent to that kind of activity. Q So that would include minors who are subjected to sexual activity but weren't necessarily kidnapped or forced at gunpoint, or something like that? A Exactly. Q Did he discuss with you the difficulties that exist when you interview those types of victims? A Yes. He stated that a compliant victim is often times embarrassed that they went along with the behavior. They are also likely to deny the behavior, especially when being interviewed by investigators, that they'll deny it or they'll minimize it. Sometimes it takes two, three or multiple interviews to get compliant victims to either trust their interviewer or realize that their interviewer is not going to be judgemental. Q In this case, have you found that to be the case with some of the interviews? A Yes, I have. Q In addition to being embarrassed, sometimes these victims feel guilty about the fact that they were involved in this type of activity? A Oh, yes. Q Does Mr. Lanning also have expertise in sexual EFTA00179411 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 preference of offenders? A Yes, he does. Q Did he explain why an offender would select the types of victims that are involved in this case, girls between 14 and 17-years-old? A This type of offender, the sexual preference he has is for post-pubescent females that are physically developed but not necessarily mentally matured. The girls ranging in this age are sometimes inexperienced, they are possibly naive, not as worldly. An offender of this type could also maybe not feel sexually adequate or feel competent dealing with his own age group. So knowing that these girls are less experienced, may focus on them as well. Q In addition to their emotional immaturity, did Mr. Lanning talk about whether or not younger girls are easier to manipulate than grown women? A Yes. • Did he talk to you about "grooming"? A Yeah. That's what an offender will use with a compliant victim. He told us that grooming is a technique where you gain the cooperation of those victims by focusing on their interests and playing up to those interests. It's a type of seduction, he called it. That was his words for it. And we actually see this in this EFTA00179412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 case. Q Can you give us an example of some of the types of grooming that Mr. Epstein used? A With one of the girls we're going to talk about today, ., it's very apparent interviewing her how Epstein groomed her. She only went to three or four massages at this time, that she's admitted to. We feel that due to her phone conversations, the multiple calls, that there may be more there. At this point she has stated to us that she has performed three or four massages for Mr. Epstein. What he did is when she first went there he played upon -- she was very shy, and he would play upon that shyness. He told her that she was pretty. He asked her to remove her clothing, and she would not. So he kind of kidded around with her shyness and complimented her, showed interest in her, talked about her boyfriend and different interests she had. At the end of that interview, because she did not take off her clothes, he tells her that if she's willing to do more, she will make more. He also tells her that he would pay her if she would bring other girls. As the massages increased, you can see that the next time she comes he plays again to that shyness, but he gets a little bit more -- I guess he sees that it's not working. This EFTA00179413 Page 16 1 2 disrobe on the second massage. She takes off her blouse, 3 but she refuses to take off the bra after Mr. Epstein 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time she does comply and takes off her -- he asked her to asked her to. So you can see that he tries through showing interest. And then he actually -- when he sees that this isn't working, he takes a more authoritative role with her in the last massage. She said that throughout all of these massages he was very nice, and then at the end he was much more frustrated and irritated. She does get down to her bra and panties on that one, he's just much more authoritative. So he started with the grooming process, tried to get her interest, tried to use that to get her to comply with removing her clothes. But as often happens, at the end of this, he took over and was much more forceful with his requests. Have other girls described that same situation where every time they went back, he tried to push it one step further and one step further? A Yes. Several of the girls have said that he would always push for more and more. Q Did Mr. Lanning explain why it is that a compliant child victim cannot legally consent to the sexual conduct? EFTA00179414 1 2 3 4 S 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 A Yeah. He stated that -- you know, we talked about how the law protects children, and stated that we hold adults accountable. When it comes to adolescents, they go through normal tendencies that mature offenders may try to take advantage of. But the law is in place for that reason, to protect -- in the federal law, to protect those individuals under the age of 18. Q And that's because of the different maturity levels of the -- A The offender versus the victims, exactly. Q Did you put together the photographs of the defendants in this case? A Yes, i did. Q Are these photographs of the four human defendants who are named in the proposed indictment? A Yes. Q With their names underneath them? A Yes. Q Agent, who is in the top left-hand corner? A That's Jeffrey Epstein. Q When was this photograph taken? A Recently. There was an article that just came out regarding Mr. Epstein and his connection, or his personal relationship with Prince Andrew, and that was a picture that was in that article. 1 EFTA00179415 Page 18 0 Who is in the top right-hand corner? A That's Q Again, this is a relatively recent photograph? 4 A Yes, that's his personal assistant. 5 Q And the bottom left-hand corner? 6 A Again, that is one of Mr. Epstein's personal 7 assistants, that's (phonetic). 8 Q Has Miss since gotten married? 9 A Yes, her name now is 10 Q And the bottom right-hand corner? 11 A That is She is, again, a 12 personal assistant to Mr. Epstein. There has been some 13 talk that she is also romantically -- or I should say 14 sexually involved with Mr. Epstein. 15 Q How old are the defendants? 16 A Jeffrey is in his mid-fifties, and the three 17 girls are in their early twenties. 18 Q Do you have a copy of the draft indictment in 19 front of you? 20 A Yes, I do. 21 Q You mentioned when we were looking at the 22 photographs that the three females work as personal 23 assistants for Mr. Epstein, is that correct? 24 A Yes. 25 Q So he is their employer? EFTA00179416 Page 19 1 2 3 358 El Brillo Way in Palm Beach? 4 A That's Mr. Epstein residence. 5 Q And he owns that residence? 6 A Yes, he does. 7 Q Are you familiar with Defendant J.E.G.E., Inc.? 8 A Yes. J.E.G.E., Inc. is owned by Jeffrey 9 Epstein. He is the president, the owner, the sole 10 director. It's a business that is solely used for the 11 activities of one of Mr. Epstein's airplanes, which is his 12 Boeing 727. Its tail number is N908JE. 13 14 15 16 17 18 19 20 That company solely does business with his other aircraft, 21 which is a Gulf Stream G-1159B. It bears a tail number 22 N909JE. 23 Q Is that a smaller aircraft than the Boeing? 24 25 A Yes. Q Are you familiar with the property located at Q And you mentioned that he is the president and the sole director. Is he also the sole shareholder? A Yes, he is. Q Are you familiar with Hyperion Air, Inc.? A Yes. Hyperion Air, Inc. is also a business owned by Mr. Epstein. He is also the president, the director and the sole shareholder of that company as well. A Yes. • Just to briefly remind the grand jury about EFTA00179417 Page 20 1 where the evidence has been collected in this case, was 2 the start of your investigation information that you 3 received from the Palm Beach Police Department? 4 A Yes, it was. 5 6 search of Mr. Epstein's home at El Brillo way? 7 8 9 Department placed? 10 11 12 Palm Beach Police Department? 13 Q And that included evidence seized during a A Yes. Q Also controlled calls that the Palm Beach Police A Yes. Q And interviews of girls and other people by the A Yes, as well as trash pulls that the Palm Beach 14 15 16 17 18 Police Department conducted on Mr. Epstein's residence. Q Then when the FBI became involved, the FBI did additional interviews of girls and of recruiters? A Yes. Q They obtained phone records? 19 A Yes, we have. 20 Q And records of payments? 21 A Yes. 22 Q Did this grand jury also subpoena travel 23 records? 24 A Yes. 25 Q Including the flight manifests of the planes EFTA00179418 Page 21 1 owned by Hyperion and J.E.G.E.? 2 A Yes. 3 Q Did you also get corporate documents related to 4 those two planes? 5 A Yes, we have. 6 Q Once you had obtained all of this information, 7 did the FBI analyze the data, specifically the call 8 information and the flight information to put together a 9 pattern of activity by the defendants? 10 A Yes, we did. 11 Q So you have a series of phone calls coming from 12 these three assistants who were on the board, the two 13 girls who have been identified through this investigation? 14 A Yes. 15 Q When you spoke with those girls, did any of them 16 tell you that they had developed some sort of a personal 17 relationship with the assistants so that they were just 18 chatting over the telephone? 19 A No, not at all. 20 Q All of them said what about the phone calls? 21 A Said that the phone calls were made to set up 22 appointments for Mr. Epstein. 23 Q And the girls referred to it as appointments to 24 work, is that right? 25 A Yes, they were appointments to work. There is EFTA00179419 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 one exception, We're going to talk about her probably next week. She did say on one or two occasions that had called her when she had gone out to California on a trip, I believe. But that is the only time that that was ever mentioned. In fact, we asked, and those phone calls were made for the purpose of setting up appointments for Mr. Epstein. Q Is the investigation continuing? A Yes, it is. Q Are you still trying to locate and interview more girls? A Yes. Q Let's turn to the specific evidence reporting the overt acts and offenses relating to Jane Doe's 1 through 5. I know that every member of the grand jury has a copy of the draft indictment before them, and also a chart. Do you have a copy of that chart as well? A I do. Q Do you have photographs of the five girls that we are going to talk about today? A Yes. Q And these are photographs of the people that we are calling Jane Doe's 1 through 5? A Yes. EFTA00179420 1 Q 2 Page 23 And Jane Doe Number 1, you have previously testified about her? 3 A Yes, I have, that's 4 Q Jane Doe Number 2? 5 A That is 6 Q Jane Doe Number 3? 7 A That is 8 Q Jane Doe Number 4? 9 A 10 Q And Jane Doe Number 5? 11 A That is 12 JUROR: The purpose of Epstein's business with 13 his planes, did he transport? 14 THE WITNESS: To travel around. 15 JUROR: So it wasn't like a business of 16 transporting other people? 17 THE WITNESS: He flew other guests, sometimes 18 unaccompanied, sometimes accompanied. 19 JUROR: and , do you have 20 any evidence that they started young, like the rest 21 of the recruits? 22 THE WITNESS: we have evidence that they are his 23 personal assistants employed by him, not that it was 24 anything like what we were discussing. 25 JUROR: There was an allegation that was made EFTA00179421 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 earlier, back in February, during one of these discussions, about a specific act that was performed. Can I ask about that? We were told back in February that one of the girls when interviewed had alleged rape, and I hadn't heard about that allegation recently. THE WITNESS: That's probably Jane Doe Number 6. We're going to talk about her, that he forcibly put her on the table and penetrated her. Yeah, she will be coming up. We're going to do her probably next week. She'll be the first one we'll talk about. BY Q So turning to Jane Doe Number 1, I. You testified about her earlier before this grand jury, correct? A Yes, I did. Q And she also testified before this grand jury, correct? A Yes. Can you remind us of her date of birth? A She was born on , 1986. Could you briefly refresh the grand jury's recollection of how she was recruited? A She was approached on a beach by and Tony Figurello (phonetic). They approached her on a beach EFTA00179422 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and asked her if she wanted to perform massages for Mr. Epstein and make some money. Q From the review of the phone records that you have received, were you able to identify a telephone number associated with Tony Figurello? A Yes. Q In fact, has Tony Figurello been interviewed? A Yes, he has. Q And has he admitted to being a recruiter for Mr. Epstein? A Yes, recruiter and driver. Q If you could take a look at Overt Act Number 2, which appears on page five. That states, "On or about March 12, 2004, defendants Jeffrey Epstein and caused Jane Doe Number 1 to travel to 358 Brillo Way of Palm Beach, Florida." Can you tell us what evidence you have regarding that? A We have reviewed phone records for and that indicate the calls took place, as well as phone records for Tony Figurello and and calls that took place on or about those dates. We've also looked at a flight manifest, and were able to show that Mr. Epstein arrived the day before, on the 11th. We also have statement where she describes the sexual activity that EFTA00179423 Page 26 1 2 3 going to Mr. Epstein's house and performing a sexual 4 massage? 5 A Yes, on or about that day. 6 Q On or about that date, what did state 7 about being paid? 8 A She was paid $200. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 took place. Q On that date, March 12 of 2004, described Q And that relates to Overt Act Number 3? A Yes. • And she stated that Mr. Epstein is the person who gave her that? A She told us that in her statement. Q If you could take a look at Overt Act Number 95, which is on page 17. On or about February 6, 2005, Epstein had Jane Doe Number 1 to make one or more telephone calls to Jane Doe Number 2. First of all, who is Jane Doe Number 2? A That would be ., our youngest victim. Q Can you tell us what evidence you have related to that overt act? A we have the girl's statements that calls were made. We also reviewed the phone records that indicated that there was telephonic contact between the numbers belonging to and EFTA00179424 Page 27 1 Q And in the statement of both girls, did they 2 describe that is the person who called 3 looking for someone to come and work at Mr. Epstein's 4 house? 5 A Yes. 6 Q Looking at Overt Act Number 96. On or about 7 February 6, 2005, Epstein caused Jane Doe Number 1 to 8 transport Jane Doe Number 2 to 358 El Brillo Way. 9 What is the evidence related to that? 10 A Again, the statements of and support 11 that as further evidence, and also reviewing the phone 12 records they indicate that there was telephonic contact 13 between and and and 14 Q Overt Act Number 97, on or about February 6, 15 2005, Epstein made a payment of $300 to Jane Doe Number 2 16 and a payment of $200 to Jane Doe Number 1. 17 What was the evidence of that? 18 A Both and stated in their statements 19 that was paid $300, and was paid $200 for 20 bringing 21 Q Did explain why she was paid $300? 22 A Yes, she was paid $300 because she performed her 23 massage. Mr. Epstein digitally penetrated and used a 24 massager on vagina. 25 Q After this date, after February 6, 2005, was EFTA00179425 Page 28 1 $300 found in .'s purse when it was searched at her 2 school? 3 A Yes, it was, by a school administrator. 4 5 6 7 8 9 10 11 12 caused one or more calls to be made to a telephone used by 13 Jane Doe Number 1. 14 15 16 belonging to and 17 18 March 31, that Epstein and caused Jane Doe Number 1 19 Q If you could look at Overt Act Number 117, which is on page 19, and that states that on or about March 30, 2005, caused one or more calls to be made to a telephone used by Jane Doe Number 1. What evidence do you have related to that? A We reviewed the phone records of and that indicate this. Q And Overt Act 120, on or about March 31, A Again, we reviewed the phone records that indicated there was telephonic contact between the numbers Q Then we have Overt Act Number 122, which is also to make a call to a telephone used by Jane Doe Number 2. 20 What evidence do you have related to that? 21 A We have phone records that we have reviewed 22 belonging to and . In this case, we also have a 23 voice mail that was provided to us by the Palm Beach 24 Police Department, a voice mail of leaving a voice 25 mail message on phone. EFTA00179426 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 Q And Overt Act Number 123 refers to April 1st. What evidence do you have related to that? A We have reviewed the phone records of and that indicate telephonic contact was made on this day. We also again have another recorded voice mail by , left on phone. Q These later calls, the March-April calls, are those the controlled calls that the Palm Beach Police Department was involved in? A There was controlled calls placed to cell phone and to place of work by , under the supervision of the Palm Beach Police Department. Q And the voice mail message that you referred to of calling , what information was leaving in that voice mail message? A was asking for to get back in touch, that she had set up an appointment for at Epstein's house on the following day, on that Saturday at around 10:30 or 11:00. Q In addition to the phone records, was there anything that the Palm Beach Police Department found that also confirmed that this appointment actually was made. A As I mentioned earlier, the Palm Beach Police Department was doing trash pulls on Mr. Epstein's residence. In there, there were two messages or notes in EFTA00179427 Page 30 there on Epstein's personalized stationary. On it it said, " with on Saturday at 10:30, and on Saturday with at 10:30." That's the exact message on 4 the two notes that were found in his trash when they 5 retrieved it on April 8. 6 Q If I could direct your attention to Count Number 7 Five, which appears on page 26. That is the charge of 8 enticement of a minor, referring to Jane Doe Number 1, and 9 Mr. Epstein and Miss are charged. 10 I know that you talked about the telephone 11 traffic. The calls between and Tony Figurello, did 12 they fall within that March 7 through March 11 time 13 period? 14 A A review of their telephone records do indicate 15 that there were phone calls made during that time. 16 Q And Jane Doe Number 1 actually went to Mr. 17 Epstein's home? 18 A Yes, and performed a massage for him in the 19 nude. 20 Q And she was paid for that? 21 A Yes, she was paid $200. 22 Q And he masturbated in front of her, correct? 23 A Yes, he did. I would like to include that 24 took upstairs for that massage, and she also 25 set up the massage table and arranged the oil and lotions EFTA00179428 Page 31 1 for to do that massage. 2 Q And also, just so it's clear, how old was 3 at that time? 4 A She was 17. 5 6 7 8 9 10 11 12 13 14 15 16 Q So during this period of February 5, 2005 to the 17 6th, how old was she? 18 A She was 14. 19 20 related to the enticement of 21 A As we stated earlier, we talked about the 22 telephone calls. We have shown that the facility of 23 interstate commerce was used by the telephone calls made 24 by their cell phones. We examined specifically 25 : Are there any questions about either how that evidence was presented or about the charges related to Jane Doe Number 1? Seeing no questions, we'll turn to Jane Doe Number 2. BY Q You previously mentioned that that was 9 A Yes. Q Let's turn to Count Number Six, which is on page 26, which is the enticement of . If you could tell the grand jury about the evidence related to that. A date of birth is-, 1990. Q Can you remind the grand jury about the evidence and . Those calls were made to el EFTA00179429 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 32 set up and arrange appointments for Mr. Epstein to have his massages. Pertaining to during the massage that occurred on those dates, February 6, in particular, I think I have discussed with you before what occurred on that, that he fingered -- and that was his term for it -- and that he used a massager on her. He did masturbate during that massage, and she believed he ejaculated because he wiped off his penis with a towel. She was paid $300, and we know that she was 14 at the time. Q If we could turn to Count Number 43, which appears on page 31. Count 43 is one of the travel counts. If you could tell the grand jury, did a trip occur on March 31, 2005? A Yes, we have flight records that indicate a flight occurred on that date. Q What type of plane was used? A I'm going to refer to the J.E.G.E., Incorporated aircraft as just the Boeing 727. If we talk about the Hyperion Air, Incorporated aircraft, which is the Gulf Stream, I will just say the Gulf Stream. So on that date he did travel on his Boeing 727, on 3-31. Q And Mr. Epstein was aboard the plane on that day? EFTA00179430 Page 33 1 A Yes, he was. 2 Q With respect to the March 31st trip, was there 3 evidence of him setting up the appointment with prior 4 to that trip? 5 A We do have telephonic contact between and 6 7 and the day of travel. 8 9 10 notes that were retrieved from the garbage that showed 11 12 appointment? 13 14 15 16 17 18 19 20 21 22 23 24 were used. One of the things that is relevant to this 25 particular count was that in addition to the fact that , as well as and on the day before Q And even though that appointment was never kept, that never went to that appointment, you have the that Mr. Epstein was expecting to show up for that A Yes. Q Anything else with respect to that particular count? A We also have the controlled calls and the voice mails. Q Turning to Count Number 60, which appears on page 34, that is the attempted enticement of during the period of March 30 to April 1. Again, at that point, . was how old? A She was 14. Q And we had talked about the telephone calls that EFTA00179431 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 zo 21 22 23 24 25 Page 34 . was 14, did you interview a girl who went with when she went to Mr. Epstein's house back in February? A Yes, we did, that would be Q And Serena was interviewed? A Yes, she was interviewed by the Palm Beach Police Department. Q What did . say about appearance? A That she was the youngest looking girl that came. Q When you talked with , did talk about girls that Mr. Epstein liked in particular? A Yes. Q And was . one of those girls? A Yes, she was one of his preferences. also told us that Mr. Epstein said to her on one occasion, "The younger, the better." Q And there was never any attempt to get I.D. or to confirm her actual age? A No. Q As we discussed before, never actually went to that point, right, so that is just an attempt? A Yes. : Are there any questions from the grand jury? Seeing no questions, we'll see you next EFTA00179432 Page 35 1 week. Thank you. 2 (Witness excused.) 3 4 5 6 7 8 CERTIFICATE OF REPORTER 9 10 11 12 I CERTIFY pages 1 to 35 is a true transcript of my shorthand notes of the testimony of before the Federal Grand Jury, West Palm 13 Beach, Florida, on the 8th day of May, 2007. 14 Dated at West Palm Beach, Florida this 23rd day 15 of May, 2007. 16 17 18 19 20 Philip W. May, Court Reporter 21 22 23 24 25 EFTA00179433